Illinois House Bill HB1037 Latest Draft

                            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
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
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.
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A BILL FOR
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1  AN ACT concerning criminal law.
2  Be it enacted by the People of the State of Illinois,
3  represented in the General Assembly:
4  Section 5. The Criminal Code of 2012 is amended by
5  changing Sections 24-1.1 and 24-3 as follows:
6  (720 ILCS 5/24-1.1) (from Ch. 38, par. 24-1.1)
7  (Text of Section before amendment by P.A. 103-822)
8  Sec. 24-1.1. Unlawful use or possession of weapons by
9  felons or persons in the custody of the Department of
10  Corrections facilities.
11  (a) It is unlawful for a person to knowingly possess on or
12  about his person or on his land or in his own abode or fixed
13  place of business any weapon prohibited under Section 24-1 of
14  this Act or any firearm or any firearm ammunition if the person
15  has been convicted of a felony under the laws of this State or
16  any other jurisdiction. This Section shall not apply if the
17  person has been granted relief by the Director of the Illinois
18  State Police under Section 10 of the Firearm Owners
19  Identification Card Act.
20  (b) It is unlawful for any person confined in a penal
21  institution, which is a facility of the Illinois Department of
22  Corrections, to possess any weapon prohibited under Section
23  24-1 of this Code or any firearm or firearm ammunition,

 

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
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.
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A BILL FOR

 

 

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



    LRB104 03252 RLC 13274 b

 

 



 

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1  regardless of the intent with which he possesses it.
2  (c) It shall be an affirmative defense to a violation of
3  subsection (b), that such possession was specifically
4  authorized by rule, regulation, or directive of the Illinois
5  Department of Corrections or order issued pursuant thereto.
6  (d) The defense of necessity is not available to a person
7  who is charged with a violation of subsection (b) of this
8  Section.
9  (e) Sentence. Violation of this Section by a person not
10  confined in a penal institution shall be a Class 3 felony for
11  which the person shall be sentenced to no less than 2 years and
12  no more than 10 years. A second or subsequent violation of this
13  Section shall be a Class 2 felony for which the person shall be
14  sentenced to a term of imprisonment of not less than 3 years
15  and not more than 14 years, except as provided for in Section
16  5-4.5-110 of the Unified Code of Corrections. Violation of
17  this Section by a person not confined in a penal institution
18  who has been convicted of a forcible felony, a felony
19  violation of Article 24 of this Code or of the Firearm Owners
20  Identification Card Act, stalking or aggravated stalking, or a
21  Class 2 or greater felony under the Illinois Controlled
22  Substances Act, the Cannabis Control Act, or the
23  Methamphetamine Control and Community Protection Act is a
24  Class 2 felony for which the person shall be sentenced to not
25  less than 3 years and not more than 14 years, except as
26  provided for in Section 5-4.5-110 of the Unified Code of

 

 

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1  Corrections. Violation of this Section by a person who is on
2  parole or mandatory supervised release is a Class 2 felony for
3  which the person shall be sentenced to not less than 3 years
4  and not more than 14 years, except as provided for in Section
5  5-4.5-110 of the Unified Code of Corrections. Violation of
6  this Section by a person not confined in a penal institution is
7  a Class X felony when the firearm possessed is a machine gun.
8  Any person who violates this Section while confined in a penal
9  institution, which is a facility of the Illinois Department of
10  Corrections, is guilty of a Class 1 felony, if he possesses any
11  weapon prohibited under Section 24-1 of this Code regardless
12  of the intent with which he possesses it, a Class X felony if
13  he possesses any firearm, firearm ammunition or explosive, and
14  a Class X felony for which the offender shall be sentenced to
15  not less than 12 years and not more than 50 years when the
16  firearm possessed is a machine gun. A violation of this
17  Section while wearing or in possession of body armor as
18  defined in Section 33F-1 is a Class X felony punishable by a
19  term of imprisonment of not less than 10 years and not more
20  than 40 years. The possession of each firearm or firearm
21  ammunition in violation of this Section constitutes a single
22  and separate violation.
23  (Source: P.A. 102-538, eff. 8-20-21.)
24  (Text of Section after amendment by P.A. 103-822)
25  Sec. 24-1.1. Unlawful possession of weapons by felons or

 

 

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1  persons in the custody of the Department of Corrections
2  facilities.
3  (a) It is unlawful for a person to knowingly possess on or
4  about his person or on his land or in his own abode or fixed
5  place of business any weapon prohibited under Section 24-1 of
6  this Act or any firearm or any firearm ammunition if the person
7  has been convicted of a felony under the laws of this State or
8  any other jurisdiction. This Section shall not apply if the
9  person has been granted relief by the Director of the Illinois
10  State Police under Section 10 of the Firearm Owners
11  Identification Card Act.
12  (b) It is unlawful for any person confined in a penal
13  institution, which is a facility of the Illinois Department of
14  Corrections, to possess any weapon prohibited under Section
15  24-1 of this Code or any firearm or firearm ammunition,
16  regardless of the intent with which he possesses it.
17  (c) It shall be an affirmative defense to a violation of
18  subsection (b), that such possession was specifically
19  authorized by rule, regulation, or directive of the Illinois
20  Department of Corrections or order issued pursuant thereto.
21  (d) The defense of necessity is not available to a person
22  who is charged with a violation of subsection (b) of this
23  Section.
24  (e) Sentence. Violation of this Section by a person not
25  confined in a penal institution shall be a Class 1 3 felony for
26  which the person shall be sentenced to no less than 4 2 years

 

 

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1  and no more than 15 10 years. A second or subsequent violation
2  of this Section shall be a Class X 2 felony for which the
3  person shall be sentenced to a term of imprisonment of not less
4  than 6 3 years and not more than 30 14 years, except as
5  provided for in Section 5-4.5-110 of the Unified Code of
6  Corrections. Violation of this Section by a person not
7  confined in a penal institution who has been convicted of a
8  forcible felony, a felony violation of Article 24 of this Code
9  or of the Firearm Owners Identification Card Act, stalking or
10  aggravated stalking, or a Class 2 or greater felony under the
11  Illinois Controlled Substances Act, the Cannabis Control Act,
12  or the Methamphetamine Control and Community Protection Act is
13  a Class X 2 felony for which the person shall be sentenced to
14  not less than 6 3 years and not more than 30 14 years, except
15  as provided for in Section 5-4.5-110 of the Unified Code of
16  Corrections. Violation of this Section by a person who is on
17  parole or mandatory supervised release is a Class X 2 felony
18  for which the person shall be sentenced to not less than 6 3
19  years and not more than 30 14 years, except as provided for in
20  Section 5-4.5-110 of the Unified Code of Corrections.
21  Violation of this Section by a person not confined in a penal
22  institution is a Class X felony when the firearm possessed is a
23  machine gun for which the person shall be sentenced to no less
24  than 10 years and no more than 60 years. Any person who
25  violates this Section while confined in a penal institution,
26  which is a facility of the Illinois Department of Corrections,

 

 

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1  is guilty of a Class 1 felony, if he possesses any weapon
2  prohibited under Section 24-1 of this Code regardless of the
3  intent with which he possesses it, a Class X felony if he
4  possesses any firearm, firearm ammunition or explosive, and a
5  Class X felony for which the offender shall be sentenced to not
6  less than 12 years and not more than 50 years when the firearm
7  possessed is a machine gun. A violation of this Section while
8  wearing or in possession of body armor as defined in Section
9  33F-1 is a Class X felony punishable by a term of imprisonment
10  of not less than 10 years and not more than 60 40 years. The
11  possession of each firearm or firearm ammunition in violation
12  of this Section constitutes a single and separate violation.
13  (Source: P.A. 102-538, eff. 8-20-21; 103-822, eff. 1-1-25.)
14  (720 ILCS 5/24-3) (from Ch. 38, par. 24-3)
15  Sec. 24-3. Unlawful sale or delivery of firearms.
16  (A) A person commits the offense of unlawful sale or
17  delivery of firearms when he or she knowingly does any of the
18  following:
19  (a) Sells or gives any firearm of a size which may be
20  concealed upon the person to any person under 18 years of
21  age.
22  (b) Sells or gives any firearm to a person under 21
23  years of age who has been convicted of a misdemeanor other
24  than a traffic offense or adjudged delinquent.
25  (c) Sells or gives any firearm to any narcotic addict.

 

 

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1  (d) Sells or gives any firearm to any person who has
2  been convicted of a felony under the laws of this or any
3  other jurisdiction.
4  (e) Sells or gives any firearm to any person who has
5  been a patient in a mental institution within the past 5
6  years. In this subsection (e):
7  "Mental institution" means any hospital,
8  institution, clinic, evaluation facility, mental
9  health center, or part thereof, which is used
10  primarily for the care or treatment of persons with
11  mental illness.
12  "Patient in a mental institution" means the person
13  was admitted, either voluntarily or involuntarily, to
14  a mental institution for mental health treatment,
15  unless the treatment was voluntary and solely for an
16  alcohol abuse disorder and no other secondary
17  substance abuse disorder or mental illness.
18  (f) Sells or gives any firearms to any person who is a
19  person with an intellectual disability.
20  (g) Delivers any firearm, incidental to a sale,
21  without withholding delivery of the firearm for at least
22  72 hours after application for its purchase has been made,
23  or delivers a stun gun or taser, incidental to a sale,
24  without withholding delivery of the stun gun or taser for
25  at least 24 hours after application for its purchase has
26  been made. However, this paragraph (g) does not apply to:

 

 

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1  (1) the sale of a firearm to a law enforcement officer if
2  the seller of the firearm knows that the person to whom he
3  or she is selling the firearm is a law enforcement officer
4  or the sale of a firearm to a person who desires to
5  purchase a firearm for use in promoting the public
6  interest incident to his or her employment as a bank
7  guard, armed truck guard, or other similar employment; (2)
8  a mail order sale of a firearm from a federally licensed
9  firearms dealer to a nonresident of Illinois under which
10  the firearm is mailed to a federally licensed firearms
11  dealer outside the boundaries of Illinois; (3) (blank);
12  (4) the sale of a firearm to a dealer licensed as a federal
13  firearms dealer under Section 923 of the federal Gun
14  Control Act of 1968 (18 U.S.C. 923); or (5) the transfer or
15  sale of any rifle, shotgun, or other long gun to a resident
16  registered competitor or attendee or non-resident
17  registered competitor or attendee by any dealer licensed
18  as a federal firearms dealer under Section 923 of the
19  federal Gun Control Act of 1968 at competitive shooting
20  events held at the World Shooting Complex sanctioned by a
21  national governing body. For purposes of transfers or
22  sales under subparagraph (5) of this paragraph (g), the
23  Department of Natural Resources shall give notice to the
24  Illinois State Police at least 30 calendar days prior to
25  any competitive shooting events at the World Shooting
26  Complex sanctioned by a national governing body. The

 

 

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1  notification shall be made on a form prescribed by the
2  Illinois State Police. The sanctioning body shall provide
3  a list of all registered competitors and attendees at
4  least 24 hours before the events to the Illinois State
5  Police. Any changes to the list of registered competitors
6  and attendees shall be forwarded to the Illinois State
7  Police as soon as practicable. The Illinois State Police
8  must destroy the list of registered competitors and
9  attendees no later than 30 days after the date of the
10  event. Nothing in this paragraph (g) relieves a federally
11  licensed firearm dealer from the requirements of
12  conducting a NICS background check through the Illinois
13  Point of Contact under 18 U.S.C. 922(t). For purposes of
14  this paragraph (g), "application" means when the buyer and
15  seller reach an agreement to purchase a firearm. For
16  purposes of this paragraph (g), "national governing body"
17  means a group of persons who adopt rules and formulate
18  policy on behalf of a national firearm sporting
19  organization.
20  (h) While holding any license as a dealer, importer,
21  manufacturer or pawnbroker under the federal Gun Control
22  Act of 1968, manufactures, sells or delivers to any
23  unlicensed person a handgun having a barrel, slide, frame
24  or receiver which is a die casting of zinc alloy or any
25  other nonhomogeneous metal which will melt or deform at a
26  temperature of less than 800 degrees Fahrenheit. For

 

 

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1  purposes of this paragraph, (1) "firearm" is defined as in
2  the Firearm Owners Identification Card Act; and (2)
3  "handgun" is defined as a firearm designed to be held and
4  fired by the use of a single hand, and includes a
5  combination of parts from which such a firearm can be
6  assembled.
7  (i) Sells or gives a firearm of any size to any person
8  under 18 years of age who does not possess a valid Firearm
9  Owner's Identification Card.
10  (j) Sells or gives a firearm while engaged in the
11  business of selling firearms at wholesale or retail
12  without being licensed as a federal firearms dealer under
13  Section 923 of the federal Gun Control Act of 1968 (18
14  U.S.C. 923). In this paragraph (j):
15  A person "engaged in the business" means a person who
16  devotes time, attention, and labor to engaging in the
17  activity as a regular course of trade or business with the
18  principal objective of livelihood and profit, but does not
19  include a person who makes occasional repairs of firearms
20  or who occasionally fits special barrels, stocks, or
21  trigger mechanisms to firearms.
22  "With the principal objective of livelihood and
23  profit" means that the intent underlying the sale or
24  disposition of firearms is predominantly one of obtaining
25  livelihood and pecuniary gain, as opposed to other
26  intents, such as improving or liquidating a personal

 

 

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1  firearms collection; however, proof of profit shall not be
2  required as to a person who engages in the regular and
3  repetitive purchase and disposition of firearms for
4  criminal purposes or terrorism.
5  (k) Sells or transfers ownership of a firearm to a
6  person who does not display to the seller or transferor of
7  the firearm either: (1) a currently valid Firearm Owner's
8  Identification Card that has previously been issued in the
9  transferee's name by the Illinois State Police under the
10  provisions of the Firearm Owners Identification Card Act;
11  or (2) a currently valid license to carry a concealed
12  firearm that has previously been issued in the
13  transferee's name by the Illinois State Police under the
14  Firearm Concealed Carry Act. This paragraph (k) does not
15  apply to the transfer of a firearm to a person who is
16  exempt from the requirement of possessing a Firearm
17  Owner's Identification Card under Section 2 of the Firearm
18  Owners Identification Card Act. For the purposes of this
19  Section, a currently valid Firearm Owner's Identification
20  Card or license to carry a concealed firearm means receipt
21  of an approval number issued in accordance with subsection
22  (a-10) of Section 3 or Section 3.1 of the Firearm Owners
23  Identification Card Act.
24  (1) In addition to the other requirements of this
25  paragraph (k), all persons who are not federally
26  licensed firearms dealers must also have complied with

 

 

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1  subsection (a-10) of Section 3 of the Firearm Owners
2  Identification Card Act by determining the validity of
3  a purchaser's Firearm Owner's Identification Card.
4  (2) All sellers or transferors who have complied
5  with the requirements of subparagraph (1) of this
6  paragraph (k) shall not be liable for damages in any
7  civil action arising from the use or misuse by the
8  transferee of the firearm transferred, except for
9  willful or wanton misconduct on the part of the seller
10  or transferor.
11  (l) Not being entitled to the possession of a firearm,
12  delivers the firearm, knowing it to have been stolen or
13  converted. It may be inferred that a person who possesses
14  a firearm with knowledge that its serial number has been
15  removed or altered has knowledge that the firearm is
16  stolen or converted.
17  (m) Sells or gives a firearm to a person who has been
18  convicted of a felony or who is a streetgang member.
19  (n) Sells or gives a firearm that has been purchased
20  or acquired out of state to a person who has been convicted
21  of a felony or who is a streetgang member.
22  (B) Paragraph (h) of subsection (A) does not include
23  firearms sold within 6 months after enactment of Public Act
24  78-355 (approved August 21, 1973, effective October 1, 1973),
25  nor is any firearm legally owned or possessed by any citizen or
26  purchased by any citizen within 6 months after the enactment

 

 

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1  of Public Act 78-355 subject to confiscation or seizure under
2  the provisions of that Public Act. Nothing in Public Act
3  78-355 shall be construed to prohibit the gift or trade of any
4  firearm if that firearm was legally held or acquired within 6
5  months after the enactment of that Public Act.
6  (C) Sentence.
7  (1) Any person convicted of unlawful sale or delivery
8  of firearms in violation of paragraph (c), (e), (f), (g),
9  or (h) of subsection (A) commits a Class 4 felony.
10  (2) Any person convicted of unlawful sale or delivery
11  of firearms in violation of paragraph (b) or (i) of
12  subsection (A) commits a Class 3 felony.
13  (3) Any person convicted of unlawful sale or delivery
14  of firearms in violation of paragraph (a) of subsection
15  (A) commits a Class 2 felony.
16  (4) Any person convicted of unlawful sale or delivery
17  of firearms in violation of paragraph (a), (b), or (i) of
18  subsection (A) in any school, on the real property
19  comprising a school, within 1,000 feet of the real
20  property comprising a school, at a school related
21  activity, or on or within 1,000 feet of any conveyance
22  owned, leased, or contracted by a school or school
23  district to transport students to or from school or a
24  school related activity, regardless of the time of day or
25  time of year at which the offense was committed, commits a
26  Class 1 felony. Any person convicted of a second or

 

 

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1  subsequent violation of unlawful sale or delivery of
2  firearms in violation of paragraph (a), (b), or (i) of
3  subsection (A) in any school, on the real property
4  comprising a school, within 1,000 feet of the real
5  property comprising a school, at a school related
6  activity, or on or within 1,000 feet of any conveyance
7  owned, leased, or contracted by a school or school
8  district to transport students to or from school or a
9  school related activity, regardless of the time of day or
10  time of year at which the offense was committed, commits a
11  Class 1 felony for which the sentence shall be a term of
12  imprisonment of no less than 5 years and no more than 15
13  years.
14  (5) Any person convicted of unlawful sale or delivery
15  of firearms in violation of paragraph (a) or (i) of
16  subsection (A) in residential property owned, operated, or
17  managed by a public housing agency or leased by a public
18  housing agency as part of a scattered site or mixed-income
19  development, in a public park, in a courthouse, on
20  residential property owned, operated, or managed by a
21  public housing agency or leased by a public housing agency
22  as part of a scattered site or mixed-income development,
23  on the real property comprising any public park, on the
24  real property comprising any courthouse, or on any public
25  way within 1,000 feet of the real property comprising any
26  public park, courthouse, or residential property owned,

 

 

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1  operated, or managed by a public housing agency or leased
2  by a public housing agency as part of a scattered site or
3  mixed-income development commits a Class 2 felony.
4  (6) Any person convicted of unlawful sale or delivery
5  of firearms in violation of paragraph (j) of subsection
6  (A) commits a Class A misdemeanor. A second or subsequent
7  violation is a Class 4 felony.
8  (7) Any person convicted of unlawful sale or delivery
9  of firearms in violation of paragraph (k) of subsection
10  (A) commits a Class 4 felony, except that a violation of
11  subparagraph (1) of paragraph (k) of subsection (A) shall
12  not be punishable as a crime or petty offense. A third or
13  subsequent conviction for a violation of paragraph (k) of
14  subsection (A) is a Class 1 felony.
15  (8) A person 18 years of age or older convicted of
16  unlawful sale or delivery of firearms in violation of
17  paragraph (a) or (i) of subsection (A), when the firearm
18  that was sold or given to another person under 18 years of
19  age was used in the commission of or attempt to commit a
20  forcible felony, shall be fined or imprisoned, or both,
21  not to exceed the maximum provided for the most serious
22  forcible felony so committed or attempted by the person
23  under 18 years of age who was sold or given the firearm.
24  (9) Any person convicted of unlawful sale or delivery
25  of firearms in violation of paragraph (d) of subsection
26  (A) commits a Class 3 felony.

 

 

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1  (10) Any person convicted of unlawful sale or delivery
2  of firearms in violation of paragraph (l) of subsection
3  (A) commits a Class 2 felony if the delivery is of one
4  firearm. Any person convicted of unlawful sale or delivery
5  of firearms in violation of paragraph (l) of subsection
6  (A) commits a Class 1 felony if the delivery is of not less
7  than 2 and not more than 5 firearms at the same time or
8  within a one-year period. Any person convicted of unlawful
9  sale or delivery of firearms in violation of paragraph (l)
10  of subsection (A) commits a Class X felony for which he or
11  she shall be sentenced to a term of imprisonment of not
12  less than 6 years and not more than 30 years if the
13  delivery is of not less than 6 and not more than 10
14  firearms at the same time or within a 2-year period. Any
15  person convicted of unlawful sale or delivery of firearms
16  in violation of paragraph (l) of subsection (A) commits a
17  Class X felony for which he or she shall be sentenced to a
18  term of imprisonment of not less than 6 years and not more
19  than 40 years if the delivery is of not less than 11 and
20  not more than 20 firearms at the same time or within a
21  3-year period. Any person convicted of unlawful sale or
22  delivery of firearms in violation of paragraph (l) of
23  subsection (A) commits a Class X felony for which he or she
24  shall be sentenced to a term of imprisonment of not less
25  than 6 years and not more than 50 years if the delivery is
26  of not less than 21 and not more than 30 firearms at the

 

 

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1  same time or within a 4-year period. Any person convicted
2  of unlawful sale or delivery of firearms in violation of
3  paragraph (l) of subsection (A) commits a Class X felony
4  for which he or she shall be sentenced to a term of
5  imprisonment of not less than 6 years and not more than 60
6  years if the delivery is of 31 or more firearms at the same
7  time or within a 5-year period.
8  (11) Any person convicted of unlawful sale or delivery
9  of firearms in violation of paragraph (m) or (n) of
10  subsection (A) commits a Class 1 felony.
11  (D) For purposes of this Section:
12  "School" means a public or private elementary or secondary
13  school, community college, college, or university.
14  "School related activity" means any sporting, social,
15  academic, or other activity for which students' attendance or
16  participation is sponsored, organized, or funded in whole or
17  in part by a school or school district.
18  (E) A prosecution for a violation of paragraph (k) of
19  subsection (A) of this Section may be commenced within 6 years
20  after the commission of the offense. A prosecution for a
21  violation of this Section other than paragraph (g) of
22  subsection (A) of this Section may be commenced within 5 years
23  after the commission of the offense defined in the particular
24  paragraph.
25  (Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21;
26  102-813, eff. 5-13-22.)

 

 

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1  Section 10. The Unified Code of Corrections is amended by
2  changing Sections 5-4.5-95 and 5-5-3 as follows:
3  (730 ILCS 5/5-4.5-95)
4  Sec. 5-4.5-95. GENERAL RECIDIVISM PROVISIONS.
5  (a) HABITUAL CRIMINALS.
6  (1) Every person who has been twice convicted in any
7  state or federal court of an offense that contains the
8  same elements as an offense now (the date of the offense
9  committed after the 2 prior convictions) classified in
10  Illinois as a Class X felony, criminal sexual assault,
11  aggravated kidnapping, or first degree murder, and who is
12  thereafter convicted of a Class X felony, criminal sexual
13  assault, or first degree murder, committed after the 2
14  prior convictions, shall be adjudged an habitual criminal.
15  (2) The 2 prior convictions need not have been for the
16  same offense.
17  (3) Any convictions that result from or are connected
18  with the same transaction, or result from offenses
19  committed at the same time, shall be counted for the
20  purposes of this Section as one conviction.
21  (4) This Section does not apply unless each of the
22  following requirements are satisfied:
23  (A) The third offense was committed after July 3,
24  1980.

 

 

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1  (B) The third offense was committed within 20
2  years of the date that judgment was entered on the
3  first conviction; provided, however, that time spent
4  in custody shall not be counted.
5  (C) The third offense was committed after
6  conviction on the second offense.
7  (D) The second offense was committed after
8  conviction on the first offense.
9  (E) (Blank). The first offense was committed when
10  the person was 21 years of age or older.
11  (5) Anyone who, having attained the age of 18 at the
12  time of the third offense, is adjudged an habitual
13  criminal shall be sentenced to a term of natural life
14  imprisonment.
15  (6) A prior conviction shall not be alleged in the
16  indictment, and no evidence or other disclosure of that
17  conviction shall be presented to the court or the jury
18  during the trial of an offense set forth in this Section
19  unless otherwise permitted by the issues properly raised
20  in that trial. After a plea or verdict or finding of guilty
21  and before sentence is imposed, the prosecutor may file
22  with the court a verified written statement signed by the
23  State's Attorney concerning any former conviction of an
24  offense set forth in this Section rendered against the
25  defendant. The court shall then cause the defendant to be
26  brought before it; shall inform the defendant of the

 

 

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1  allegations of the statement so filed, and of his or her
2  right to a hearing before the court on the issue of that
3  former conviction and of his or her right to counsel at
4  that hearing; and unless the defendant admits such
5  conviction, shall hear and determine the issue, and shall
6  make a written finding thereon. If a sentence has
7  previously been imposed, the court may vacate that
8  sentence and impose a new sentence in accordance with this
9  Section.
10  (7) A duly authenticated copy of the record of any
11  alleged former conviction of an offense set forth in this
12  Section shall be prima facie evidence of that former
13  conviction; and a duly authenticated copy of the record of
14  the defendant's final release or discharge from probation
15  granted, or from sentence and parole supervision (if any)
16  imposed pursuant to that former conviction, shall be prima
17  facie evidence of that release or discharge.
18  (8) Any claim that a previous conviction offered by
19  the prosecution is not a former conviction of an offense
20  set forth in this Section because of the existence of any
21  exceptions described in this Section, is waived unless
22  duly raised at the hearing on that conviction, or unless
23  the prosecution's proof shows the existence of the
24  exceptions described in this Section.
25  (9) If the person so convicted shows to the
26  satisfaction of the court before whom that conviction was

 

 

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1  had that he or she was released from imprisonment, upon
2  either of the sentences upon a pardon granted for the
3  reason that he or she was innocent, that conviction and
4  sentence shall not be considered under this Section.
5  (b) When a defendant, over the age of 21 years, is
6  convicted of a Class 1 or Class 2 forcible felony, except for
7  an offense listed in subsection (d) of this Section, after
8  having twice been convicted in any state or federal court of an
9  offense that contains the same elements as an offense now (the
10  date the Class 1 or Class 2 forcible felony was committed)
11  classified in Illinois as a Class 2 or greater Class forcible
12  felony, except for an offense listed in subsection (d) of this
13  Section, and those charges are separately brought and tried
14  and arise out of different series of acts, that defendant
15  shall be sentenced as a Class X offender. This subsection does
16  not apply unless:
17  (1) the first forcible felony was committed after
18  February 1, 1978 (the effective date of Public Act
19  80-1099);
20  (2) the second forcible felony was committed after
21  conviction on the first;
22  (3) the third forcible felony was committed after
23  conviction on the second; and
24  (4) (blank). the first offense was committed when the
25  person was 21 years of age or older.
26  (c) (Blank).

 

 

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1  (d) Subsection (b) of this Section does not apply to Class
2  1 or Class 2 felony convictions for a violation of Section 16-1
3  of the Criminal Code of 2012.
4  A person sentenced as a Class X offender under this
5  subsection (b) is not eligible to apply for treatment as a
6  condition of probation as provided by Section 40-10 of the
7  Substance Use Disorder Act (20 ILCS 301/40-10).
8  (Source: P.A. 100-3, eff. 1-1-18; 100-759, eff. 1-1-19;
9  101-652, eff. 7-1-21.)
10  (730 ILCS 5/5-5-3)
11  (Text of Section before amendment by P.A. 103-825)
12  Sec. 5-5-3. Disposition.
13  (a) (Blank).
14  (b) (Blank).
15  (c)(1) (Blank).
16  (2) A period of probation, a term of periodic imprisonment
17  or conditional discharge shall not be imposed for the
18  following offenses. The court shall sentence the offender to
19  not less than the minimum term of imprisonment set forth in
20  this Code for the following offenses, and may order a fine or
21  restitution or both in conjunction with such term of
22  imprisonment:
23  (A) First degree murder.
24  (B) Attempted first degree murder.
25  (C) A Class X felony.

 

 

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1  (D) A violation of Section 401.1 or 407 of the
2  Illinois Controlled Substances Act, or a violation of
3  subdivision (c)(1.5) of Section 401 of that Act which
4  relates to more than 5 grams of a substance containing
5  fentanyl or an analog thereof.
6  (D-5) A violation of subdivision (c)(1) of Section 401
7  of the Illinois Controlled Substances Act which relates to
8  3 or more grams of a substance containing heroin or an
9  analog thereof.
10  (E) (Blank).
11  (F) A Class 1 or greater felony if the offender had
12  been convicted of a Class 1 or greater felony, including
13  any state or federal conviction for an offense that
14  contained, at the time it was committed, the same elements
15  as an offense now (the date of the offense committed after
16  the prior Class 1 or greater felony) classified as a Class
17  1 or greater felony, within 10 years of the date on which
18  the offender committed the offense for which he or she is
19  being sentenced, except as otherwise provided in Section
20  40-10 of the Substance Use Disorder Act.
21  (F-3) A Class 2 or greater felony sex offense or
22  felony firearm offense if the offender had been convicted
23  of a Class 2 or greater felony, including any state or
24  federal conviction for an offense that contained, at the
25  time it was committed, the same elements as an offense now
26  (the date of the offense committed after the prior Class 2

 

 

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1  or greater felony) classified as a Class 2 or greater
2  felony, within 10 years of the date on which the offender
3  committed the offense for which he or she is being
4  sentenced, except as otherwise provided in Section 40-10
5  of the Substance Use Disorder Act.
6  (F-5) A violation of Section 24-1, 24-1.1, or 24-1.6
7  of the Criminal Code of 1961 or the Criminal Code of 2012
8  for which imprisonment is prescribed in those Sections.
9  (G) Residential burglary, except as otherwise provided
10  in Section 40-10 of the Substance Use Disorder Act.
11  (H) Criminal sexual assault.
12  (I) Aggravated battery of a senior citizen as
13  described in Section 12-4.6 or subdivision (a)(4) of
14  Section 12-3.05 of the Criminal Code of 1961 or the
15  Criminal Code of 2012.
16  (J) A forcible felony if the offense was related to
17  the activities of an organized gang.
18  Before July 1, 1994, for the purposes of this
19  paragraph, "organized gang" means an association of 5 or
20  more persons, with an established hierarchy, that
21  encourages members of the association to perpetrate crimes
22  or provides support to the members of the association who
23  do commit crimes.
24  Beginning July 1, 1994, for the purposes of this
25  paragraph, "organized gang" has the meaning ascribed to it
26  in Section 10 of the Illinois Streetgang Terrorism Omnibus

 

 

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1  Prevention Act.
2  (K) Vehicular hijacking.
3  (L) A second or subsequent conviction for the offense
4  of hate crime when the underlying offense upon which the
5  hate crime is based is felony aggravated assault or felony
6  mob action.
7  (M) A second or subsequent conviction for the offense
8  of institutional vandalism if the damage to the property
9  exceeds $300.
10  (N) A Class 3 felony violation of paragraph (1) of
11  subsection (a) of Section 2 of the Firearm Owners
12  Identification Card Act.
13  (O) A violation of Section 12-6.1 or 12-6.5 of the
14  Criminal Code of 1961 or the Criminal Code of 2012.
15  (P) A violation of paragraph (1), (2), (3), (4), (5),
16  or (7) of subsection (a) of Section 11-20.1 of the
17  Criminal Code of 1961 or the Criminal Code of 2012.
18  (P-5) A violation of paragraph (6) of subsection (a)
19  of Section 11-20.1 of the Criminal Code of 1961 or the
20  Criminal Code of 2012 if the victim is a household or
21  family member of the defendant.
22  (Q) A violation of subsection (b) or (b-5) of Section
23  20-1, Section 20-1.2, or Section 20-1.3 of the Criminal
24  Code of 1961 or the Criminal Code of 2012.
25  (R) A violation of Section 24-3A of the Criminal Code
26  of 1961 or the Criminal Code of 2012.

 

 

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1  (S) (Blank).
2  (T) (Blank).
3  (U) A second or subsequent violation of Section 6-303
4  of the Illinois Vehicle Code committed while his or her
5  driver's license, permit, or privilege was revoked because
6  of a violation of Section 9-3 of the Criminal Code of 1961
7  or the Criminal Code of 2012, relating to the offense of
8  reckless homicide, or a similar provision of a law of
9  another state.
10  (V) A violation of paragraph (4) of subsection (c) of
11  Section 11-20.1B or paragraph (4) of subsection (c) of
12  Section 11-20.3 of the Criminal Code of 1961, or paragraph
13  (6) of subsection (a) of Section 11-20.1 of the Criminal
14  Code of 2012 when the victim is under 13 years of age and
15  the defendant has previously been convicted under the laws
16  of this State or any other state of the offense of child
17  pornography, aggravated child pornography, aggravated
18  criminal sexual abuse, aggravated criminal sexual assault,
19  predatory criminal sexual assault of a child, or any of
20  the offenses formerly known as rape, deviate sexual
21  assault, indecent liberties with a child, or aggravated
22  indecent liberties with a child where the victim was under
23  the age of 18 years or an offense that is substantially
24  equivalent to those offenses.
25  (W) A violation of Section 24-3.5 of the Criminal Code
26  of 1961 or the Criminal Code of 2012.

 

 

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1  (X) A violation of subsection (a) of Section 31-1a of
2  the Criminal Code of 1961 or the Criminal Code of 2012.
3  (Y) A conviction for unlawful possession of a firearm
4  by a street gang member when the firearm was loaded or
5  contained firearm ammunition.
6  (Z) A Class 1 felony committed while he or she was
7  serving a term of probation or conditional discharge for a
8  felony.
9  (AA) Theft of property exceeding $500,000 and not
10  exceeding $1,000,000 in value.
11  (BB) Laundering of criminally derived property of a
12  value exceeding $500,000.
13  (CC) Knowingly selling, offering for sale, holding for
14  sale, or using 2,000 or more counterfeit items or
15  counterfeit items having a retail value in the aggregate
16  of $500,000 or more.
17  (DD) A conviction for aggravated assault under
18  paragraph (6) of subsection (c) of Section 12-2 of the
19  Criminal Code of 1961 or the Criminal Code of 2012 if the
20  firearm is aimed toward the person against whom the
21  firearm is being used.
22  (EE) A conviction for a violation of paragraph (2) of
23  subsection (a) of Section 24-3B of the Criminal Code of
24  2012.
25  (3) (Blank).
26  (4) A minimum term of imprisonment of not less than 10

 

 

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1  consecutive days or 30 days of community service shall be
2  imposed for a violation of paragraph (c) of Section 6-303 of
3  the Illinois Vehicle Code.
4  (4.1) (Blank).
5  (4.2) Except as provided in paragraphs (4.3) and (4.8) of
6  this subsection (c), a minimum of 100 hours of community
7  service shall be imposed for a second violation of Section
8  6-303 of the Illinois Vehicle Code.
9  (4.3) A minimum term of imprisonment of 30 days or 300
10  hours of community service, as determined by the court, shall
11  be imposed for a second violation of subsection (c) of Section
12  6-303 of the Illinois Vehicle Code.
13  (4.4) Except as provided in paragraphs (4.5), (4.6), and
14  (4.9) of this subsection (c), a minimum term of imprisonment
15  of 30 days or 300 hours of community service, as determined by
16  the court, shall be imposed for a third or subsequent
17  violation of Section 6-303 of the Illinois Vehicle Code. The
18  court may give credit toward the fulfillment of community
19  service hours for participation in activities and treatment as
20  determined by court services.
21  (4.5) A minimum term of imprisonment of 30 days shall be
22  imposed for a third violation of subsection (c) of Section
23  6-303 of the Illinois Vehicle Code.
24  (4.6) Except as provided in paragraph (4.10) of this
25  subsection (c), a minimum term of imprisonment of 180 days
26  shall be imposed for a fourth or subsequent violation of

 

 

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1  subsection (c) of Section 6-303 of the Illinois Vehicle Code.
2  (4.7) A minimum term of imprisonment of not less than 30
3  consecutive days, or 300 hours of community service, shall be
4  imposed for a violation of subsection (a-5) of Section 6-303
5  of the Illinois Vehicle Code, as provided in subsection (b-5)
6  of that Section.
7  (4.8) A mandatory prison sentence shall be imposed for a
8  second violation of subsection (a-5) of Section 6-303 of the
9  Illinois Vehicle Code, as provided in subsection (c-5) of that
10  Section. The person's driving privileges shall be revoked for
11  a period of not less than 5 years from the date of his or her
12  release from prison.
13  (4.9) A mandatory prison sentence of not less than 4 and
14  not more than 15 years shall be imposed for a third violation
15  of subsection (a-5) of Section 6-303 of the Illinois Vehicle
16  Code, as provided in subsection (d-2.5) of that Section. The
17  person's driving privileges shall be revoked for the remainder
18  of his or her life.
19  (4.10) A mandatory prison sentence for a Class 1 felony
20  shall be imposed, and the person shall be eligible for an
21  extended term sentence, for a fourth or subsequent violation
22  of subsection (a-5) of Section 6-303 of the Illinois Vehicle
23  Code, as provided in subsection (d-3.5) of that Section. The
24  person's driving privileges shall be revoked for the remainder
25  of his or her life.
26  (5) The court may sentence a corporation or unincorporated

 

 

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1  association convicted of any offense to:
2  (A) a period of conditional discharge;
3  (B) a fine;
4  (C) make restitution to the victim under Section 5-5-6
5  of this Code.
6  (5.1) In addition to any other penalties imposed, and
7  except as provided in paragraph (5.2) or (5.3), a person
8  convicted of violating subsection (c) of Section 11-907 of the
9  Illinois Vehicle Code shall have his or her driver's license,
10  permit, or privileges suspended for at least 90 days but not
11  more than one year, if the violation resulted in damage to the
12  property of another person.
13  (5.2) In addition to any other penalties imposed, and
14  except as provided in paragraph (5.3), a person convicted of
15  violating subsection (c) of Section 11-907 of the Illinois
16  Vehicle Code shall have his or her driver's license, permit,
17  or privileges suspended for at least 180 days but not more than
18  2 years, if the violation resulted in injury to another
19  person.
20  (5.3) In addition to any other penalties imposed, a person
21  convicted of violating subsection (c) of Section 11-907 of the
22  Illinois Vehicle Code shall have his or her driver's license,
23  permit, or privileges suspended for 2 years, if the violation
24  resulted in the death of another person.
25  (5.4) In addition to any other penalties imposed, a person
26  convicted of violating Section 3-707 of the Illinois Vehicle

 

 

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1  Code shall have his or her driver's license, permit, or
2  privileges suspended for 3 months and until he or she has paid
3  a reinstatement fee of $100.
4  (5.5) In addition to any other penalties imposed, a person
5  convicted of violating Section 3-707 of the Illinois Vehicle
6  Code during a period in which his or her driver's license,
7  permit, or privileges were suspended for a previous violation
8  of that Section shall have his or her driver's license,
9  permit, or privileges suspended for an additional 6 months
10  after the expiration of the original 3-month suspension and
11  until he or she has paid a reinstatement fee of $100.
12  (6) (Blank).
13  (7) (Blank).
14  (8) (Blank).
15  (9) A defendant convicted of a second or subsequent
16  offense of ritualized abuse of a child may be sentenced to a
17  term of natural life imprisonment.
18  (10) (Blank).
19  (11) The court shall impose a minimum fine of $1,000 for a
20  first offense and $2,000 for a second or subsequent offense
21  upon a person convicted of or placed on supervision for
22  battery when the individual harmed was a sports official or
23  coach at any level of competition and the act causing harm to
24  the sports official or coach occurred within an athletic
25  facility or within the immediate vicinity of the athletic
26  facility at which the sports official or coach was an active

 

 

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1  participant of the athletic contest held at the athletic
2  facility. For the purposes of this paragraph (11), "sports
3  official" means a person at an athletic contest who enforces
4  the rules of the contest, such as an umpire or referee;
5  "athletic facility" means an indoor or outdoor playing field
6  or recreational area where sports activities are conducted;
7  and "coach" means a person recognized as a coach by the
8  sanctioning authority that conducted the sporting event.
9  (12) A person may not receive a disposition of court
10  supervision for a violation of Section 5-16 of the Boat
11  Registration and Safety Act if that person has previously
12  received a disposition of court supervision for a violation of
13  that Section.
14  (13) A person convicted of or placed on court supervision
15  for an assault or aggravated assault when the victim and the
16  offender are family or household members as defined in Section
17  103 of the Illinois Domestic Violence Act of 1986 or convicted
18  of domestic battery or aggravated domestic battery may be
19  required to attend a Partner Abuse Intervention Program under
20  protocols set forth by the Illinois Department of Human
21  Services under such terms and conditions imposed by the court.
22  The costs of such classes shall be paid by the offender.
23  (d) In any case in which a sentence originally imposed is
24  vacated, the case shall be remanded to the trial court. The
25  trial court shall hold a hearing under Section 5-4-1 of this
26  Code which may include evidence of the defendant's life, moral

 

 

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1  character and occupation during the time since the original
2  sentence was passed. The trial court shall then impose
3  sentence upon the defendant. The trial court may impose any
4  sentence which could have been imposed at the original trial
5  subject to Section 5-5-4 of this Code. If a sentence is vacated
6  on appeal or on collateral attack due to the failure of the
7  trier of fact at trial to determine beyond a reasonable doubt
8  the existence of a fact (other than a prior conviction)
9  necessary to increase the punishment for the offense beyond
10  the statutory maximum otherwise applicable, either the
11  defendant may be re-sentenced to a term within the range
12  otherwise provided or, if the State files notice of its
13  intention to again seek the extended sentence, the defendant
14  shall be afforded a new trial.
15  (e) In cases where prosecution for aggravated criminal
16  sexual abuse under Section 11-1.60 or 12-16 of the Criminal
17  Code of 1961 or the Criminal Code of 2012 results in conviction
18  of a defendant who was a family member of the victim at the
19  time of the commission of the offense, the court shall
20  consider the safety and welfare of the victim and may impose a
21  sentence of probation only where:
22  (1) the court finds (A) or (B) or both are
23  appropriate:
24  (A) the defendant is willing to undergo a court
25  approved counseling program for a minimum duration of
26  2 years; or

 

 

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1  (B) the defendant is willing to participate in a
2  court approved plan, including, but not limited to,
3  the defendant's:
4  (i) removal from the household;
5  (ii) restricted contact with the victim;
6  (iii) continued financial support of the
7  family;
8  (iv) restitution for harm done to the victim;
9  and
10  (v) compliance with any other measures that
11  the court may deem appropriate; and
12  (2) the court orders the defendant to pay for the
13  victim's counseling services, to the extent that the court
14  finds, after considering the defendant's income and
15  assets, that the defendant is financially capable of
16  paying for such services, if the victim was under 18 years
17  of age at the time the offense was committed and requires
18  counseling as a result of the offense.
19  Probation may be revoked or modified pursuant to Section
20  5-6-4; except where the court determines at the hearing that
21  the defendant violated a condition of his or her probation
22  restricting contact with the victim or other family members or
23  commits another offense with the victim or other family
24  members, the court shall revoke the defendant's probation and
25  impose a term of imprisonment.
26  For the purposes of this Section, "family member" and

 

 

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1  "victim" shall have the meanings ascribed to them in Section
2  11-0.1 of the Criminal Code of 2012.
3  (f) (Blank).
4  (g) Whenever a defendant is convicted of an offense under
5  Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-14,
6  11-14.3, 11-14.4 except for an offense that involves keeping a
7  place of juvenile prostitution, 11-15, 11-15.1, 11-16, 11-17,
8  11-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 12-13, 12-14,
9  12-14.1, 12-15, or 12-16 of the Criminal Code of 1961 or the
10  Criminal Code of 2012, the defendant shall undergo medical
11  testing to determine whether the defendant has any sexually
12  transmissible disease, including a test for infection with
13  human immunodeficiency virus (HIV) or any other identified
14  causative agent of acquired immunodeficiency syndrome (AIDS).
15  Any such medical test shall be performed only by appropriately
16  licensed medical practitioners and may include an analysis of
17  any bodily fluids as well as an examination of the defendant's
18  person. Except as otherwise provided by law, the results of
19  such test shall be kept strictly confidential by all medical
20  personnel involved in the testing and must be personally
21  delivered in a sealed envelope to the judge of the court in
22  which the conviction was entered for the judge's inspection in
23  camera. Acting in accordance with the best interests of the
24  victim and the public, the judge shall have the discretion to
25  determine to whom, if anyone, the results of the testing may be
26  revealed. The court shall notify the defendant of the test

 

 

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1  results. The court shall also notify the victim if requested
2  by the victim, and if the victim is under the age of 15 and if
3  requested by the victim's parents or legal guardian, the court
4  shall notify the victim's parents or legal guardian of the
5  test results. The court shall provide information on the
6  availability of HIV testing and counseling at Department of
7  Public Health facilities to all parties to whom the results of
8  the testing are revealed and shall direct the State's Attorney
9  to provide the information to the victim when possible. The
10  court shall order that the cost of any such test shall be paid
11  by the county and may be taxed as costs against the convicted
12  defendant.
13  (g-5) When an inmate is tested for an airborne
14  communicable disease, as determined by the Illinois Department
15  of Public Health, including, but not limited to, tuberculosis,
16  the results of the test shall be personally delivered by the
17  warden or his or her designee in a sealed envelope to the judge
18  of the court in which the inmate must appear for the judge's
19  inspection in camera if requested by the judge. Acting in
20  accordance with the best interests of those in the courtroom,
21  the judge shall have the discretion to determine what if any
22  precautions need to be taken to prevent transmission of the
23  disease in the courtroom.
24  (h) Whenever a defendant is convicted of an offense under
25  Section 1 or 2 of the Hypodermic Syringes and Needles Act, the
26  defendant shall undergo medical testing to determine whether

 

 

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1  the defendant has been exposed to human immunodeficiency virus
2  (HIV) or any other identified causative agent of acquired
3  immunodeficiency syndrome (AIDS). Except as otherwise provided
4  by law, the results of such test shall be kept strictly
5  confidential by all medical personnel involved in the testing
6  and must be personally delivered in a sealed envelope to the
7  judge of the court in which the conviction was entered for the
8  judge's inspection in camera. Acting in accordance with the
9  best interests of the public, the judge shall have the
10  discretion to determine to whom, if anyone, the results of the
11  testing may be revealed. The court shall notify the defendant
12  of a positive test showing an infection with the human
13  immunodeficiency virus (HIV). The court shall provide
14  information on the availability of HIV testing and counseling
15  at Department of Public Health facilities to all parties to
16  whom the results of the testing are revealed and shall direct
17  the State's Attorney to provide the information to the victim
18  when possible. The court shall order that the cost of any such
19  test shall be paid by the county and may be taxed as costs
20  against the convicted defendant.
21  (i) All fines and penalties imposed under this Section for
22  any violation of Chapters 3, 4, 6, and 11 of the Illinois
23  Vehicle Code, or a similar provision of a local ordinance, and
24  any violation of the Child Passenger Protection Act, or a
25  similar provision of a local ordinance, shall be collected and
26  disbursed by the circuit clerk as provided under the Criminal

 

 

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1  and Traffic Assessment Act.
2  (j) In cases when prosecution for any violation of Section
3  11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-8, 11-9,
4  11-11, 11-14, 11-14.3, 11-14.4, 11-15, 11-15.1, 11-16, 11-17,
5  11-17.1, 11-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 11-20.1,
6  11-20.1B, 11-20.3, 11-21, 11-30, 11-40, 12-13, 12-14, 12-14.1,
7  12-15, or 12-16 of the Criminal Code of 1961 or the Criminal
8  Code of 2012, any violation of the Illinois Controlled
9  Substances Act, any violation of the Cannabis Control Act, or
10  any violation of the Methamphetamine Control and Community
11  Protection Act results in conviction, a disposition of court
12  supervision, or an order of probation granted under Section 10
13  of the Cannabis Control Act, Section 410 of the Illinois
14  Controlled Substances Act, or Section 70 of the
15  Methamphetamine Control and Community Protection Act of a
16  defendant, the court shall determine whether the defendant is
17  employed by a facility or center as defined under the Child
18  Care Act of 1969, a public or private elementary or secondary
19  school, or otherwise works with children under 18 years of age
20  on a daily basis. When a defendant is so employed, the court
21  shall order the Clerk of the Court to send a copy of the
22  judgment of conviction or order of supervision or probation to
23  the defendant's employer by certified mail. If the employer of
24  the defendant is a school, the Clerk of the Court shall direct
25  the mailing of a copy of the judgment of conviction or order of
26  supervision or probation to the appropriate regional

 

 

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1  superintendent of schools. The regional superintendent of
2  schools shall notify the State Board of Education of any
3  notification under this subsection.
4  (j-5) A defendant at least 17 years of age who is convicted
5  of a felony and who has not been previously convicted of a
6  misdemeanor or felony and who is sentenced to a term of
7  imprisonment in the Illinois Department of Corrections shall
8  as a condition of his or her sentence be required by the court
9  to attend educational courses designed to prepare the
10  defendant for a high school diploma and to work toward a high
11  school diploma or to work toward passing high school
12  equivalency testing or to work toward completing a vocational
13  training program offered by the Department of Corrections. If
14  a defendant fails to complete the educational training
15  required by his or her sentence during the term of
16  incarceration, the Prisoner Review Board shall, as a condition
17  of mandatory supervised release, require the defendant, at his
18  or her own expense, to pursue a course of study toward a high
19  school diploma or passage of high school equivalency testing.
20  The Prisoner Review Board shall revoke the mandatory
21  supervised release of a defendant who wilfully fails to comply
22  with this subsection (j-5) upon his or her release from
23  confinement in a penal institution while serving a mandatory
24  supervised release term; however, the inability of the
25  defendant after making a good faith effort to obtain financial
26  aid or pay for the educational training shall not be deemed a

 

 

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1  wilful failure to comply. The Prisoner Review Board shall
2  recommit the defendant whose mandatory supervised release term
3  has been revoked under this subsection (j-5) as provided in
4  Section 3-3-9. This subsection (j-5) does not apply to a
5  defendant who has a high school diploma or has successfully
6  passed high school equivalency testing. This subsection (j-5)
7  does not apply to a defendant who is determined by the court to
8  be a person with a developmental disability or otherwise
9  mentally incapable of completing the educational or vocational
10  program.
11  (k) (Blank).
12  (l)(A) Except as provided in paragraph (C) of subsection
13  (l), whenever a defendant, who is not a citizen or national of
14  the United States, is convicted of any felony or misdemeanor
15  offense, the court after sentencing the defendant may, upon
16  motion of the State's Attorney, hold sentence in abeyance and
17  remand the defendant to the custody of the Attorney General of
18  the United States or his or her designated agent to be deported
19  when:
20  (1) a final order of deportation has been issued
21  against the defendant pursuant to proceedings under the
22  Immigration and Nationality Act, and
23  (2) the deportation of the defendant would not
24  deprecate the seriousness of the defendant's conduct and
25  would not be inconsistent with the ends of justice.
26  Otherwise, the defendant shall be sentenced as provided in

 

 

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1  this Chapter V.
2  (B) If the defendant has already been sentenced for a
3  felony or misdemeanor offense, or has been placed on probation
4  under Section 10 of the Cannabis Control Act, Section 410 of
5  the Illinois Controlled Substances Act, or Section 70 of the
6  Methamphetamine Control and Community Protection Act, the
7  court may, upon motion of the State's Attorney to suspend the
8  sentence imposed, commit the defendant to the custody of the
9  Attorney General of the United States or his or her designated
10  agent when:
11  (1) a final order of deportation has been issued
12  against the defendant pursuant to proceedings under the
13  Immigration and Nationality Act, and
14  (2) the deportation of the defendant would not
15  deprecate the seriousness of the defendant's conduct and
16  would not be inconsistent with the ends of justice.
17  (C) This subsection (l) does not apply to offenders who
18  are subject to the provisions of paragraph (2) of subsection
19  (a) of Section 3-6-3.
20  (D) Upon motion of the State's Attorney, if a defendant
21  sentenced under this Section returns to the jurisdiction of
22  the United States, the defendant shall be recommitted to the
23  custody of the county from which he or she was sentenced.
24  Thereafter, the defendant shall be brought before the
25  sentencing court, which may impose any sentence that was
26  available under Section 5-5-3 at the time of initial

 

 

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1  sentencing. In addition, the defendant shall not be eligible
2  for additional earned sentence credit as provided under
3  Section 3-6-3.
4  (m) A person convicted of criminal defacement of property
5  under Section 21-1.3 of the Criminal Code of 1961 or the
6  Criminal Code of 2012, in which the property damage exceeds
7  $300 and the property damaged is a school building, shall be
8  ordered to perform community service that may include cleanup,
9  removal, or painting over the defacement.
10  (n) The court may sentence a person convicted of a
11  violation of Section 12-19, 12-21, 16-1.3, or 17-56, or
12  subsection (a) or (b) of Section 12-4.4a, of the Criminal Code
13  of 1961 or the Criminal Code of 2012 (i) to an impact
14  incarceration program if the person is otherwise eligible for
15  that program under Section 5-8-1.1, (ii) to community service,
16  or (iii) if the person has a substance use disorder, as defined
17  in the Substance Use Disorder Act, to a treatment program
18  licensed under that Act.
19  (o) Whenever a person is convicted of a sex offense as
20  defined in Section 2 of the Sex Offender Registration Act, the
21  defendant's driver's license or permit shall be subject to
22  renewal on an annual basis in accordance with the provisions
23  of license renewal established by the Secretary of State.
24  (Source: P.A. 102-168, eff. 7-27-21; 102-531, eff. 1-1-22;
25  102-813, eff. 5-13-22; 102-1030, eff. 5-27-22; 103-51, eff.
26  1-1-24.)

 

 

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1  (Text of Section after amendment by P.A. 103-825)
2  Sec. 5-5-3. Disposition.
3  (a) (Blank).
4  (b) (Blank).
5  (c)(1) (Blank).
6  (2) A period of probation, a term of periodic imprisonment
7  or conditional discharge shall not be imposed for the
8  following offenses. The court shall sentence the offender to
9  not less than the minimum term of imprisonment set forth in
10  this Code for the following offenses, and may order a fine or
11  restitution or both in conjunction with such term of
12  imprisonment:
13  (A) First degree murder.
14  (B) Attempted first degree murder.
15  (C) A Class X felony.
16  (D) A violation of Section 401.1 or 407 of the
17  Illinois Controlled Substances Act, or a violation of
18  subdivision (c)(1.5) of Section 401 of that Act which
19  relates to more than 5 grams of a substance containing
20  fentanyl or an analog thereof.
21  (D-5) A violation of subdivision (c)(1) of Section 401
22  of the Illinois Controlled Substances Act which relates to
23  3 or more grams of a substance containing heroin or an
24  analog thereof.
25  (E) (Blank).

 

 

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1  (F) A Class 1 or greater felony if the offender had
2  been convicted of a Class 1 or greater felony, including
3  any state or federal conviction for an offense that
4  contained, at the time it was committed, the same elements
5  as an offense now (the date of the offense committed after
6  the prior Class 1 or greater felony) classified as a Class
7  1 or greater felony, within 10 years of the date on which
8  the offender committed the offense for which he or she is
9  being sentenced, except as otherwise provided in Section
10  40-10 of the Substance Use Disorder Act.
11  (F-3) A Class 2 or greater felony sex offense or
12  felony firearm offense if the offender had been convicted
13  of a Class 2 or greater felony, including any state or
14  federal conviction for an offense that contained, at the
15  time it was committed, the same elements as an offense now
16  (the date of the offense committed after the prior Class 2
17  or greater felony) classified as a Class 2 or greater
18  felony, within 10 years of the date on which the offender
19  committed the offense for which he or she is being
20  sentenced, except as otherwise provided in Section 40-10
21  of the Substance Use Disorder Act.
22  (F-5) A violation of Section 24-1, 24-1.1, or 24-1.6
23  of the Criminal Code of 1961 or the Criminal Code of 2012
24  for which imprisonment is prescribed in those Sections.
25  (G) Residential burglary, except as otherwise provided
26  in Section 40-10 of the Substance Use Disorder Act.

 

 

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1  (H) Criminal sexual assault.
2  (I) Aggravated battery of a senior citizen as
3  described in Section 12-4.6 or subdivision (a)(4) of
4  Section 12-3.05 of the Criminal Code of 1961 or the
5  Criminal Code of 2012.
6  (J) A forcible felony if the offense was related to
7  the activities of an organized gang.
8  Before July 1, 1994, for the purposes of this
9  paragraph, "organized gang" means an association of 5 or
10  more persons, with an established hierarchy, that
11  encourages members of the association to perpetrate crimes
12  or provides support to the members of the association who
13  do commit crimes.
14  Beginning July 1, 1994, for the purposes of this
15  paragraph, "organized gang" has the meaning ascribed to it
16  in Section 10 of the Illinois Streetgang Terrorism Omnibus
17  Prevention Act.
18  (K) Vehicular hijacking.
19  (L) A second or subsequent conviction for the offense
20  of hate crime when the underlying offense upon which the
21  hate crime is based is felony aggravated assault or felony
22  mob action.
23  (M) A second or subsequent conviction for the offense
24  of institutional vandalism if the damage to the property
25  exceeds $300.
26  (N) A Class 3 felony violation of paragraph (1) of

 

 

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1  subsection (a) of Section 2 of the Firearm Owners
2  Identification Card Act.
3  (O) A violation of Section 12-6.1 or 12-6.5 of the
4  Criminal Code of 1961 or the Criminal Code of 2012.
5  (P) A violation of paragraph (1), (2), (3), (4), (5),
6  or (7) of subsection (a) of Section 11-20.1 of the
7  Criminal Code of 1961 or the Criminal Code of 2012.
8  (P-5) A violation of paragraph (6) of subsection (a)
9  of Section 11-20.1 of the Criminal Code of 1961 or the
10  Criminal Code of 2012 if the victim is a household or
11  family member of the defendant.
12  (P-6) A violation of paragraph (2) of subsection (b)
13  of Section 11-20.4 of the Criminal Code of 2012.
14  (Q) A violation of subsection (b) or (b-5) of Section
15  20-1, Section 20-1.2, or Section 20-1.3 of the Criminal
16  Code of 1961 or the Criminal Code of 2012.
17  (R) A violation of Section 24-3A of the Criminal Code
18  of 1961 or the Criminal Code of 2012.
19  (S) (Blank).
20  (T) (Blank).
21  (U) A second or subsequent violation of Section 6-303
22  of the Illinois Vehicle Code committed while his or her
23  driver's license, permit, or privilege was revoked because
24  of a violation of Section 9-3 of the Criminal Code of 1961
25  or the Criminal Code of 2012, relating to the offense of
26  reckless homicide, or a similar provision of a law of

 

 

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1  another state.
2  (V) A violation of paragraph (4) of subsection (c) of
3  Section 11-20.1B or paragraph (4) of subsection (c) of
4  Section 11-20.3 of the Criminal Code of 1961, or paragraph
5  (6) of subsection (a) of Section 11-20.1 of the Criminal
6  Code of 2012 when the victim is under 13 years of age and
7  the defendant has previously been convicted under the laws
8  of this State or any other state of the offense of child
9  pornography, aggravated child pornography, aggravated
10  criminal sexual abuse, aggravated criminal sexual assault,
11  predatory criminal sexual assault of a child, or any of
12  the offenses formerly known as rape, deviate sexual
13  assault, indecent liberties with a child, or aggravated
14  indecent liberties with a child where the victim was under
15  the age of 18 years or an offense that is substantially
16  equivalent to those offenses.
17  (V-5) A violation of paragraph (1) of subsection (b)
18  of Section 11-20.4 of the Criminal Code of 2012 when the
19  victim is under 13 years of age and the defendant has
20  previously been convicted under the laws of this State or
21  any other state of the offense of child pornography,
22  aggravated child pornography, aggravated criminal sexual
23  abuse, aggravated criminal sexual assault, predatory
24  criminal sexual assault of a child, or any of the offenses
25  formerly known as rape, deviate sexual assault, indecent
26  liberties with a child, or aggravated indecent liberties

 

 

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1  with a child if the victim was under the age of 18 years or
2  an offense that is substantially equivalent to those
3  offenses.
4  (W) A violation of Section 24-3.5 of the Criminal Code
5  of 1961 or the Criminal Code of 2012.
6  (X) A violation of subsection (a) of Section 31-1a of
7  the Criminal Code of 1961 or the Criminal Code of 2012.
8  (Y) A conviction for unlawful possession of a firearm
9  by a street gang member when the firearm was loaded or
10  contained firearm ammunition.
11  (Z) A Class 1 felony committed while he or she was
12  serving a term of probation or conditional discharge for a
13  felony.
14  (AA) Theft of property exceeding $500,000 and not
15  exceeding $1,000,000 in value.
16  (BB) Laundering of criminally derived property of a
17  value exceeding $500,000.
18  (CC) Knowingly selling, offering for sale, holding for
19  sale, or using 2,000 or more counterfeit items or
20  counterfeit items having a retail value in the aggregate
21  of $500,000 or more.
22  (DD) A conviction for aggravated assault under
23  paragraph (6) of subsection (c) of Section 12-2 of the
24  Criminal Code of 1961 or the Criminal Code of 2012 if the
25  firearm is aimed toward the person against whom the
26  firearm is being used.

 

 

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1  (EE) A conviction for a violation of paragraph (2) of
2  subsection (a) of Section 24-3B of the Criminal Code of
3  2012.
4  (FF) A second or subsequent conviction for a violation
5  of paragraph (m) or (n) of subsection (A) of Section 24-3
6  of the Criminal Code of 2012.
7  (3) (Blank).
8  (4) A minimum term of imprisonment of not less than 10
9  consecutive days or 30 days of community service shall be
10  imposed for a violation of paragraph (c) of Section 6-303 of
11  the Illinois Vehicle Code.
12  (4.1) (Blank).
13  (4.2) Except as provided in paragraphs (4.3) and (4.8) of
14  this subsection (c), a minimum of 100 hours of community
15  service shall be imposed for a second violation of Section
16  6-303 of the Illinois Vehicle Code.
17  (4.3) A minimum term of imprisonment of 30 days or 300
18  hours of community service, as determined by the court, shall
19  be imposed for a second violation of subsection (c) of Section
20  6-303 of the Illinois Vehicle Code.
21  (4.4) Except as provided in paragraphs (4.5), (4.6), and
22  (4.9) of this subsection (c), a minimum term of imprisonment
23  of 30 days or 300 hours of community service, as determined by
24  the court, shall be imposed for a third or subsequent
25  violation of Section 6-303 of the Illinois Vehicle Code. The
26  court may give credit toward the fulfillment of community

 

 

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1  service hours for participation in activities and treatment as
2  determined by court services.
3  (4.5) A minimum term of imprisonment of 30 days shall be
4  imposed for a third violation of subsection (c) of Section
5  6-303 of the Illinois Vehicle Code.
6  (4.6) Except as provided in paragraph (4.10) of this
7  subsection (c), a minimum term of imprisonment of 180 days
8  shall be imposed for a fourth or subsequent violation of
9  subsection (c) of Section 6-303 of the Illinois Vehicle Code.
10  (4.7) A minimum term of imprisonment of not less than 30
11  consecutive days, or 300 hours of community service, shall be
12  imposed for a violation of subsection (a-5) of Section 6-303
13  of the Illinois Vehicle Code, as provided in subsection (b-5)
14  of that Section.
15  (4.8) A mandatory prison sentence shall be imposed for a
16  second violation of subsection (a-5) of Section 6-303 of the
17  Illinois Vehicle Code, as provided in subsection (c-5) of that
18  Section. The person's driving privileges shall be revoked for
19  a period of not less than 5 years from the date of his or her
20  release from prison.
21  (4.9) A mandatory prison sentence of not less than 4 and
22  not more than 15 years shall be imposed for a third violation
23  of subsection (a-5) of Section 6-303 of the Illinois Vehicle
24  Code, as provided in subsection (d-2.5) of that Section. The
25  person's driving privileges shall be revoked for the remainder
26  of his or her life.

 

 

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1  (4.10) A mandatory prison sentence for a Class 1 felony
2  shall be imposed, and the person shall be eligible for an
3  extended term sentence, for a fourth or subsequent violation
4  of subsection (a-5) of Section 6-303 of the Illinois Vehicle
5  Code, as provided in subsection (d-3.5) of that Section. The
6  person's driving privileges shall be revoked for the remainder
7  of his or her life.
8  (5) The court may sentence a corporation or unincorporated
9  association convicted of any offense to:
10  (A) a period of conditional discharge;
11  (B) a fine;
12  (C) make restitution to the victim under Section 5-5-6
13  of this Code.
14  (5.1) In addition to any other penalties imposed, and
15  except as provided in paragraph (5.2) or (5.3), a person
16  convicted of violating subsection (c) of Section 11-907 of the
17  Illinois Vehicle Code shall have his or her driver's license,
18  permit, or privileges suspended for at least 90 days but not
19  more than one year, if the violation resulted in damage to the
20  property of another person.
21  (5.2) In addition to any other penalties imposed, and
22  except as provided in paragraph (5.3), a person convicted of
23  violating subsection (c) of Section 11-907 of the Illinois
24  Vehicle Code shall have his or her driver's license, permit,
25  or privileges suspended for at least 180 days but not more than
26  2 years, if the violation resulted in injury to another

 

 

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1  person.
2  (5.3) In addition to any other penalties imposed, a person
3  convicted of violating subsection (c) of Section 11-907 of the
4  Illinois Vehicle Code shall have his or her driver's license,
5  permit, or privileges suspended for 2 years, if the violation
6  resulted in the death of another person.
7  (5.4) In addition to any other penalties imposed, a person
8  convicted of violating Section 3-707 of the Illinois Vehicle
9  Code shall have his or her driver's license, permit, or
10  privileges suspended for 3 months and until he or she has paid
11  a reinstatement fee of $100.
12  (5.5) In addition to any other penalties imposed, a person
13  convicted of violating Section 3-707 of the Illinois Vehicle
14  Code during a period in which his or her driver's license,
15  permit, or privileges were suspended for a previous violation
16  of that Section shall have his or her driver's license,
17  permit, or privileges suspended for an additional 6 months
18  after the expiration of the original 3-month suspension and
19  until he or she has paid a reinstatement fee of $100.
20  (6) (Blank).
21  (7) (Blank).
22  (8) (Blank).
23  (9) A defendant convicted of a second or subsequent
24  offense of ritualized abuse of a child may be sentenced to a
25  term of natural life imprisonment.
26  (10) (Blank).

 

 

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1  (11) The court shall impose a minimum fine of $1,000 for a
2  first offense and $2,000 for a second or subsequent offense
3  upon a person convicted of or placed on supervision for
4  battery when the individual harmed was a sports official or
5  coach at any level of competition and the act causing harm to
6  the sports official or coach occurred within an athletic
7  facility or within the immediate vicinity of the athletic
8  facility at which the sports official or coach was an active
9  participant of the athletic contest held at the athletic
10  facility. For the purposes of this paragraph (11), "sports
11  official" means a person at an athletic contest who enforces
12  the rules of the contest, such as an umpire or referee;
13  "athletic facility" means an indoor or outdoor playing field
14  or recreational area where sports activities are conducted;
15  and "coach" means a person recognized as a coach by the
16  sanctioning authority that conducted the sporting event.
17  (12) A person may not receive a disposition of court
18  supervision for a violation of Section 5-16 of the Boat
19  Registration and Safety Act if that person has previously
20  received a disposition of court supervision for a violation of
21  that Section.
22  (13) A person convicted of or placed on court supervision
23  for an assault or aggravated assault when the victim and the
24  offender are family or household members as defined in Section
25  103 of the Illinois Domestic Violence Act of 1986 or convicted
26  of domestic battery or aggravated domestic battery may be

 

 

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1  required to attend a Partner Abuse Intervention Program under
2  protocols set forth by the Illinois Department of Human
3  Services under such terms and conditions imposed by the court.
4  The costs of such classes shall be paid by the offender.
5  (d) In any case in which a sentence originally imposed is
6  vacated, the case shall be remanded to the trial court. The
7  trial court shall hold a hearing under Section 5-4-1 of this
8  Code which may include evidence of the defendant's life, moral
9  character and occupation during the time since the original
10  sentence was passed. The trial court shall then impose
11  sentence upon the defendant. The trial court may impose any
12  sentence which could have been imposed at the original trial
13  subject to Section 5-5-4 of this Code. If a sentence is vacated
14  on appeal or on collateral attack due to the failure of the
15  trier of fact at trial to determine beyond a reasonable doubt
16  the existence of a fact (other than a prior conviction)
17  necessary to increase the punishment for the offense beyond
18  the statutory maximum otherwise applicable, either the
19  defendant may be re-sentenced to a term within the range
20  otherwise provided or, if the State files notice of its
21  intention to again seek the extended sentence, the defendant
22  shall be afforded a new trial.
23  (e) In cases where prosecution for aggravated criminal
24  sexual abuse under Section 11-1.60 or 12-16 of the Criminal
25  Code of 1961 or the Criminal Code of 2012 results in conviction
26  of a defendant who was a family member of the victim at the

 

 

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1  time of the commission of the offense, the court shall
2  consider the safety and welfare of the victim and may impose a
3  sentence of probation only where:
4  (1) the court finds (A) or (B) or both are
5  appropriate:
6  (A) the defendant is willing to undergo a court
7  approved counseling program for a minimum duration of
8  2 years; or
9  (B) the defendant is willing to participate in a
10  court approved plan, including, but not limited to,
11  the defendant's:
12  (i) removal from the household;
13  (ii) restricted contact with the victim;
14  (iii) continued financial support of the
15  family;
16  (iv) restitution for harm done to the victim;
17  and
18  (v) compliance with any other measures that
19  the court may deem appropriate; and
20  (2) the court orders the defendant to pay for the
21  victim's counseling services, to the extent that the court
22  finds, after considering the defendant's income and
23  assets, that the defendant is financially capable of
24  paying for such services, if the victim was under 18 years
25  of age at the time the offense was committed and requires
26  counseling as a result of the offense.

 

 

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1  Probation may be revoked or modified pursuant to Section
2  5-6-4; except where the court determines at the hearing that
3  the defendant violated a condition of his or her probation
4  restricting contact with the victim or other family members or
5  commits another offense with the victim or other family
6  members, the court shall revoke the defendant's probation and
7  impose a term of imprisonment.
8  For the purposes of this Section, "family member" and
9  "victim" shall have the meanings ascribed to them in Section
10  11-0.1 of the Criminal Code of 2012.
11  (f) (Blank).
12  (g) Whenever a defendant is convicted of an offense under
13  Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-14,
14  11-14.3, 11-14.4 except for an offense that involves keeping a
15  place of juvenile prostitution, 11-15, 11-15.1, 11-16, 11-17,
16  11-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 12-13, 12-14,
17  12-14.1, 12-15, or 12-16 of the Criminal Code of 1961 or the
18  Criminal Code of 2012, the defendant shall undergo medical
19  testing to determine whether the defendant has any sexually
20  transmissible disease, including a test for infection with
21  human immunodeficiency virus (HIV) or any other identified
22  causative agent of acquired immunodeficiency syndrome (AIDS).
23  Any such medical test shall be performed only by appropriately
24  licensed medical practitioners and may include an analysis of
25  any bodily fluids as well as an examination of the defendant's
26  person. Except as otherwise provided by law, the results of

 

 

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1  such test shall be kept strictly confidential by all medical
2  personnel involved in the testing and must be personally
3  delivered in a sealed envelope to the judge of the court in
4  which the conviction was entered for the judge's inspection in
5  camera. Acting in accordance with the best interests of the
6  victim and the public, the judge shall have the discretion to
7  determine to whom, if anyone, the results of the testing may be
8  revealed. The court shall notify the defendant of the test
9  results. The court shall also notify the victim if requested
10  by the victim, and if the victim is under the age of 15 and if
11  requested by the victim's parents or legal guardian, the court
12  shall notify the victim's parents or legal guardian of the
13  test results. The court shall provide information on the
14  availability of HIV testing and counseling at Department of
15  Public Health facilities to all parties to whom the results of
16  the testing are revealed and shall direct the State's Attorney
17  to provide the information to the victim when possible. The
18  court shall order that the cost of any such test shall be paid
19  by the county and may be taxed as costs against the convicted
20  defendant.
21  (g-5) When an inmate is tested for an airborne
22  communicable disease, as determined by the Illinois Department
23  of Public Health, including, but not limited to, tuberculosis,
24  the results of the test shall be personally delivered by the
25  warden or his or her designee in a sealed envelope to the judge
26  of the court in which the inmate must appear for the judge's

 

 

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1  inspection in camera if requested by the judge. Acting in
2  accordance with the best interests of those in the courtroom,
3  the judge shall have the discretion to determine what if any
4  precautions need to be taken to prevent transmission of the
5  disease in the courtroom.
6  (h) Whenever a defendant is convicted of an offense under
7  Section 1 or 2 of the Hypodermic Syringes and Needles Act, the
8  defendant shall undergo medical testing to determine whether
9  the defendant has been exposed to human immunodeficiency virus
10  (HIV) or any other identified causative agent of acquired
11  immunodeficiency syndrome (AIDS). Except as otherwise provided
12  by law, the results of such test shall be kept strictly
13  confidential by all medical personnel involved in the testing
14  and must be personally delivered in a sealed envelope to the
15  judge of the court in which the conviction was entered for the
16  judge's inspection in camera. Acting in accordance with the
17  best interests of the public, the judge shall have the
18  discretion to determine to whom, if anyone, the results of the
19  testing may be revealed. The court shall notify the defendant
20  of a positive test showing an infection with the human
21  immunodeficiency virus (HIV). The court shall provide
22  information on the availability of HIV testing and counseling
23  at Department of Public Health facilities to all parties to
24  whom the results of the testing are revealed and shall direct
25  the State's Attorney to provide the information to the victim
26  when possible. The court shall order that the cost of any such

 

 

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1  test shall be paid by the county and may be taxed as costs
2  against the convicted defendant.
3  (i) All fines and penalties imposed under this Section for
4  any violation of Chapters 3, 4, 6, and 11 of the Illinois
5  Vehicle Code, or a similar provision of a local ordinance, and
6  any violation of the Child Passenger Protection Act, or a
7  similar provision of a local ordinance, shall be collected and
8  disbursed by the circuit clerk as provided under the Criminal
9  and Traffic Assessment Act.
10  (j) In cases when prosecution for any violation of Section
11  11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-8, 11-9,
12  11-11, 11-14, 11-14.3, 11-14.4, 11-15, 11-15.1, 11-16, 11-17,
13  11-17.1, 11-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 11-20.1,
14  11-20.1B, 11-20.3, 11-20.4, 11-21, 11-30, 11-40, 12-13, 12-14,
15  12-14.1, 12-15, or 12-16 of the Criminal Code of 1961 or the
16  Criminal Code of 2012, any violation of the Illinois
17  Controlled Substances Act, any violation of the Cannabis
18  Control Act, or any violation of the Methamphetamine Control
19  and Community Protection Act results in conviction, a
20  disposition of court supervision, or an order of probation
21  granted under Section 10 of the Cannabis Control Act, Section
22  410 of the Illinois Controlled Substances Act, or Section 70
23  of the Methamphetamine Control and Community Protection Act of
24  a defendant, the court shall determine whether the defendant
25  is employed by a facility or center as defined under the Child
26  Care Act of 1969, a public or private elementary or secondary

 

 

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1  school, or otherwise works with children under 18 years of age
2  on a daily basis. When a defendant is so employed, the court
3  shall order the Clerk of the Court to send a copy of the
4  judgment of conviction or order of supervision or probation to
5  the defendant's employer by certified mail. If the employer of
6  the defendant is a school, the Clerk of the Court shall direct
7  the mailing of a copy of the judgment of conviction or order of
8  supervision or probation to the appropriate regional
9  superintendent of schools. The regional superintendent of
10  schools shall notify the State Board of Education of any
11  notification under this subsection.
12  (j-5) A defendant at least 17 years of age who is convicted
13  of a felony and who has not been previously convicted of a
14  misdemeanor or felony and who is sentenced to a term of
15  imprisonment in the Illinois Department of Corrections shall
16  as a condition of his or her sentence be required by the court
17  to attend educational courses designed to prepare the
18  defendant for a high school diploma and to work toward a high
19  school diploma or to work toward passing high school
20  equivalency testing or to work toward completing a vocational
21  training program offered by the Department of Corrections. If
22  a defendant fails to complete the educational training
23  required by his or her sentence during the term of
24  incarceration, the Prisoner Review Board shall, as a condition
25  of mandatory supervised release, require the defendant, at his
26  or her own expense, to pursue a course of study toward a high

 

 

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1  school diploma or passage of high school equivalency testing.
2  The Prisoner Review Board shall revoke the mandatory
3  supervised release of a defendant who wilfully fails to comply
4  with this subsection (j-5) upon his or her release from
5  confinement in a penal institution while serving a mandatory
6  supervised release term; however, the inability of the
7  defendant after making a good faith effort to obtain financial
8  aid or pay for the educational training shall not be deemed a
9  wilful failure to comply. The Prisoner Review Board shall
10  recommit the defendant whose mandatory supervised release term
11  has been revoked under this subsection (j-5) as provided in
12  Section 3-3-9. This subsection (j-5) does not apply to a
13  defendant who has a high school diploma or has successfully
14  passed high school equivalency testing. This subsection (j-5)
15  does not apply to a defendant who is determined by the court to
16  be a person with a developmental disability or otherwise
17  mentally incapable of completing the educational or vocational
18  program.
19  (k) (Blank).
20  (l)(A) Except as provided in paragraph (C) of subsection
21  (l), whenever a defendant, who is not a citizen or national of
22  the United States, is convicted of any felony or misdemeanor
23  offense, the court after sentencing the defendant may, upon
24  motion of the State's Attorney, hold sentence in abeyance and
25  remand the defendant to the custody of the Attorney General of
26  the United States or his or her designated agent to be deported

 

 

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1  when:
2  (1) a final order of deportation has been issued
3  against the defendant pursuant to proceedings under the
4  Immigration and Nationality Act, and
5  (2) the deportation of the defendant would not
6  deprecate the seriousness of the defendant's conduct and
7  would not be inconsistent with the ends of justice.
8  Otherwise, the defendant shall be sentenced as provided in
9  this Chapter V.
10  (B) If the defendant has already been sentenced for a
11  felony or misdemeanor offense, or has been placed on probation
12  under Section 10 of the Cannabis Control Act, Section 410 of
13  the Illinois Controlled Substances Act, or Section 70 of the
14  Methamphetamine Control and Community Protection Act, the
15  court may, upon motion of the State's Attorney to suspend the
16  sentence imposed, commit the defendant to the custody of the
17  Attorney General of the United States or his or her designated
18  agent when:
19  (1) a final order of deportation has been issued
20  against the defendant pursuant to proceedings under the
21  Immigration and Nationality Act, and
22  (2) the deportation of the defendant would not
23  deprecate the seriousness of the defendant's conduct and
24  would not be inconsistent with the ends of justice.
25  (C) This subsection (l) does not apply to offenders who
26  are subject to the provisions of paragraph (2) of subsection

 

 

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1  (a) of Section 3-6-3.
2  (D) Upon motion of the State's Attorney, if a defendant
3  sentenced under this Section returns to the jurisdiction of
4  the United States, the defendant shall be recommitted to the
5  custody of the county from which he or she was sentenced.
6  Thereafter, the defendant shall be brought before the
7  sentencing court, which may impose any sentence that was
8  available under Section 5-5-3 at the time of initial
9  sentencing. In addition, the defendant shall not be eligible
10  for additional earned sentence credit as provided under
11  Section 3-6-3.
12  (m) A person convicted of criminal defacement of property
13  under Section 21-1.3 of the Criminal Code of 1961 or the
14  Criminal Code of 2012, in which the property damage exceeds
15  $300 and the property damaged is a school building, shall be
16  ordered to perform community service that may include cleanup,
17  removal, or painting over the defacement.
18  (n) The court may sentence a person convicted of a
19  violation of Section 12-19, 12-21, 16-1.3, or 17-56, or
20  subsection (a) or (b) of Section 12-4.4a, of the Criminal Code
21  of 1961 or the Criminal Code of 2012 (i) to an impact
22  incarceration program if the person is otherwise eligible for
23  that program under Section 5-8-1.1, (ii) to community service,
24  or (iii) if the person has a substance use disorder, as defined
25  in the Substance Use Disorder Act, to a treatment program
26  licensed under that Act.

 

 

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1  (o) Whenever a person is convicted of a sex offense as
2  defined in Section 2 of the Sex Offender Registration Act, the
3  defendant's driver's license or permit shall be subject to
4  renewal on an annual basis in accordance with the provisions
5  of license renewal established by the Secretary of State.
6  (Source: P.A. 102-168, eff. 7-27-21; 102-531, eff. 1-1-22;
7  102-813, eff. 5-13-22; 102-1030, eff. 5-27-22; 103-51, eff.
8  1-1-24; 103-825, eff. 1-1-25.)

 

 

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