Bill Amendment: IL SB0233 | 2017-2018 | 100th General Assembly
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: SAFETY-TECH
Status: 2019-01-09 - Session Sine Die [SB0233 Detail]
Download: Illinois-2017-SB0233-Senate_Amendment_001.html
Bill Title: SAFETY-TECH
Status: 2019-01-09 - Session Sine Die [SB0233 Detail]
Download: Illinois-2017-SB0233-Senate_Amendment_001.html
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1 | AMENDMENT TO SENATE BILL 233
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2 | AMENDMENT NO. ______. Amend Senate Bill 233 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 1. Short title. This Act may be cited as the Gun | ||||||
5 | Violence Reduction Act .
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6 | Section 5. Legislative findings. | ||||||
7 | (a) The General Assembly finds that some communities of | ||||||
8 | this State are ravaged by violence and that a substantial and | ||||||
9 | disproportionate amount of serious crimes are committed by | ||||||
10 | persons who unlawfully possess firearms. The General Assembly | ||||||
11 | finds that this State's unusually long mandatory prison | ||||||
12 | sentences for gun possession and gun violence have failed to | ||||||
13 | adequately protect public safety and that more aggressive and | ||||||
14 | tailored approaches to address these behaviors are required. | ||||||
15 | (b) It is the intent of the General Assembly to promote in | ||||||
16 | every community public safety, public health, criminal |
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1 | justice, and regulatory systems capable of reducing the illegal | ||||||
2 | trade, possession, and public carrying of illegal firearms, as | ||||||
3 | well as enabling victims suffering injuries from firearms to | ||||||
4 | seek redress against negligent businesses and insufficient | ||||||
5 | regulatory actions that widen public safety disparities | ||||||
6 | between citizens of this State. | ||||||
7 | (c) To carry out this intent, the General Assembly declares | ||||||
8 | the following purposes of this Act: | ||||||
9 | (1) to protect communities from gun violence through | ||||||
10 | targeted intervention programs, including improving family | ||||||
11 | violence prevention, community trauma treatment rates, gun | ||||||
12 | injury victim services, and public health prevention | ||||||
13 | activities; | ||||||
14 | (2) to substantially reduce both the total amount of | ||||||
15 | gun violence in this State and its | ||||||
16 | racially-disproportionate impact; | ||||||
17 | (3) to intervene with persons who violate gun | ||||||
18 | possession laws in a risk-responsive manner that decreases | ||||||
19 | the likelihood of any future violent incidents and equips | ||||||
20 | those who have previously violated gun laws to live | ||||||
21 | responsibly and safely; | ||||||
22 | (4) to shrink illegal firearm markets and transfers by | ||||||
23 | reducing both supply and demand for weapons, particularly | ||||||
24 | handguns, outside of lawful purposes; and | ||||||
25 | (5) to promote employment infrastructure in community | ||||||
26 | areas with the highest concentrations of gun violence. |
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1 | (d) The ability of children, teenagers, and young adults to | ||||||
2 | participate freely in education, employment, and civic life | ||||||
3 | without any exposure to illegal weapons or gun violence, | ||||||
4 | facilitating their safe and stable future prospects, shall be | ||||||
5 | the central purpose of any initiatives included in this Act.
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6 | Section 10. Definitions. In this Act: | ||||||
7 | "Carrier" means a motor carrier or rail carrier that | ||||||
8 | transports property through this State other than a private | ||||||
9 | carrier. | ||||||
10 | "Firearm" has the meaning ascribed to the term in Section | ||||||
11 | 1.1 of the Firearm Owners Identification Card Act. | ||||||
12 | "SAFE Zones" means a Safety and Full Employment Zone as | ||||||
13 | designated under Section 7.3 of the Illinois Criminal Justice | ||||||
14 | Information Authority Act.
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15 | Section 15. Priority of funding for gun violence | ||||||
16 | initiatives. | ||||||
17 | (a) The Department of Human Services, the Department of | ||||||
18 | Public Health, the State Board of Education, the Department of | ||||||
19 | Juvenile Justice, the Department of Commerce and Economic | ||||||
20 | Opportunity, the Department of Healthcare and Family Services | ||||||
21 | and any other relevant State agency shall, in conjunction with | ||||||
22 | other public or private funding sources, prioritize funding | ||||||
23 | for: | ||||||
24 | (1) family violence prevention services and positive |
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1 | parenting support; | ||||||
2 | (2) intervention programs that are designed to | ||||||
3 | immediately prevent and intervene in gun violence; | ||||||
4 | (3) improved community trauma treatment; | ||||||
5 | (4) expanded firearm injury victim services, including | ||||||
6 | activities aimed at trauma recovery and violence | ||||||
7 | prevention and social services, including job connections | ||||||
8 | or other resources to reduce risk factors; | ||||||
9 | (5) studies concerning the nature and prevalence of | ||||||
10 | illegal firearm carrying, independent of law enforcement | ||||||
11 | contact, to help identify the scale of illegal firearm | ||||||
12 | possession in this State and determine risk and protective | ||||||
13 | factors for violence among illegal possessors; and | ||||||
14 | (6) professional development for human service and | ||||||
15 | community-based programs in family violence prevention, | ||||||
16 | community violence prevention, and trauma recovery. | ||||||
17 | (b) All services provided should use restorative, | ||||||
18 | evidence-informed methodologies such as practices identified | ||||||
19 | by the National Child Traumatic Stress Network, the Centers for | ||||||
20 | Disease Control's Youth Violence Prevention Strategies, or | ||||||
21 | other similar resources. | ||||||
22 | (c) Public health approaches for violence prevention | ||||||
23 | should be taken statewide, but be significantly elevated for | ||||||
24 | support and services given to youth residing in SAFE Zones.
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25 | Section 20. Population-based distribution. On and after |
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1 | January 1, 2018, population calculations for State and local | ||||||
2 | reimbursed share of State income, sales, and federal | ||||||
3 | population-based distributed funds shall be based on zip codes | ||||||
4 | of origin for incarcerated persons. SAFE Zones shall be | ||||||
5 | prioritized for all State reimbursement and formula | ||||||
6 | distributions.
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7 | Section 25. Carrier transportation of firearms or firearm | ||||||
8 | ammunition; civil action. | ||||||
9 | (a) A carrier operating in this State transporting firearms | ||||||
10 | shall notify the Department of State Police if a shipment or | ||||||
11 | standing cargo containing firearms remains at rest for 12 hours | ||||||
12 | or more. | ||||||
13 | (b) A carrier operating in this State transporting firearms | ||||||
14 | shall report a trespassing incident, a travel obstruction, or | ||||||
15 | theft of firearms to local law enforcement. A carrier operating | ||||||
16 | in this State transporting firearms shall maintain a log of | ||||||
17 | trespassing incidents, travel obstructions, or theft and make | ||||||
18 | the log available upon request to a law enforcement officer or | ||||||
19 | law enforcement agency. | ||||||
20 | (c) An injured person, or in the case of his or her death | ||||||
21 | his or her next of kin, may bring a civil against a carrier who | ||||||
22 | negligently fails to secure a shipment or standing cargo | ||||||
23 | containing firearms if that negligence is the proximate cause | ||||||
24 | of an injury or death to the person injured. Evidence of | ||||||
25 | negligence include, but is not limited to, insecure fencing or |
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1 | other insecure locking mechanisms, insufficient security | ||||||
2 | cameras or other electronic monitoring of the area, | ||||||
3 | insufficient security personnel, or other insufficient | ||||||
4 | security measures.
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5 | Section 125. The Illinois Criminal Justice Information Act | ||||||
6 | is amended by adding Section 7.3 as follows:
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7 | (20 ILCS 3930/7.3 new) | ||||||
8 | Sec. 7.3. Safety and full employment zones. The Authority | ||||||
9 | shall annually define and make available to the public an | ||||||
10 | analysis of concentrated geographic areas, at the census tract | ||||||
11 | level if possible, of extremely high levels of firearm violence | ||||||
12 | and destabilization within this State. The criteria used to | ||||||
13 | designate these areas shall include public health data | ||||||
14 | concerning gunshot hospitalizations and the mortality rate per | ||||||
15 | capita, and the per capita rate of parole or mandatory | ||||||
16 | supervised release following incarceration in the Department | ||||||
17 | of Corrections. The Authority shall define Safety and Full | ||||||
18 | Employment (SAFE) Zones and reassess the boundaries to include | ||||||
19 | other geographic areas on a regular basis as deemed necessary. | ||||||
20 | SAFE Zones shall be used to: | ||||||
21 | (1) prioritize the support of the Department of | ||||||
22 | Commerce and Economic Opportunity to focus on first source | ||||||
23 | referral, local hire, and apprenticeship expansion | ||||||
24 | programs; |
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1 | (2) prioritize projects by the Capital Development | ||||||
2 | Board; | ||||||
3 | (3) prioritize funding for the State Board of | ||||||
4 | Education; | ||||||
5 | (4) prioritize residents for recruitment and hiring in | ||||||
6 | State, regional, and local government; | ||||||
7 | (5) prioritize businesses that employ persons in the | ||||||
8 | Department of Central Management Services procurement | ||||||
9 | process; | ||||||
10 | (6) distribute funds for child care, early childhood | ||||||
11 | education, afterschool programming, and employment | ||||||
12 | programs for resident youth, further prioritizing agencies | ||||||
13 | whose services are provided within SAFE Zones; | ||||||
14 | (7) engage in public-private partnerships to support | ||||||
15 | targeted job programs for resident young adults, including | ||||||
16 | young adults with felony records; and | ||||||
17 | (8) prioritize for State agencies to assist local | ||||||
18 | jurisdictions with funding to provide community resource | ||||||
19 | centers, counseling, and recreational opportunities | ||||||
20 | located within the boundaries of SAFE Zones and primarily | ||||||
21 | serving residents of SAFE Zones.
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22 | Section 130. The Criminal Code of 2012 is amended by | ||||||
23 | changing Sections 24-1, 24-1.1, 24-1.6, and 24-1.8 as follows:
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24 | (720 ILCS 5/24-1) (from Ch. 38, par. 24-1)
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1 | Sec. 24-1. Unlawful use of weapons.
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2 | (a) A person commits the offense of unlawful use of weapons | ||||||
3 | when
he knowingly:
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4 | (1) Sells, manufactures, purchases, possesses or | ||||||
5 | carries any bludgeon,
black-jack, slung-shot, sand-club, | ||||||
6 | sand-bag, metal knuckles or other knuckle weapon | ||||||
7 | regardless of its composition, throwing star,
or any knife, | ||||||
8 | commonly referred to as a switchblade knife, which has a
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9 | blade that opens automatically by hand pressure applied to | ||||||
10 | a button,
spring or other device in the handle of the | ||||||
11 | knife, or a ballistic knife,
which is a device that propels | ||||||
12 | a knifelike blade as a projectile by means
of a coil | ||||||
13 | spring, elastic material or compressed gas; or
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14 | (2) Carries or possesses with intent to use the same | ||||||
15 | unlawfully
against another, a dagger, dirk, billy, | ||||||
16 | dangerous knife, razor,
stiletto, broken bottle or other | ||||||
17 | piece of glass, stun gun or taser or
any other dangerous or | ||||||
18 | deadly weapon or instrument of like character; or
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19 | (3) Carries on or about his person or in any vehicle, a | ||||||
20 | tear gas gun
projector or bomb or any object containing | ||||||
21 | noxious liquid gas or
substance, other than an object | ||||||
22 | containing a non-lethal noxious liquid gas
or substance | ||||||
23 | designed solely for personal defense carried by a person 18
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24 | years of age or older; or
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25 | (4) Carries or possesses in any vehicle or concealed on | ||||||
26 | or about his
person except when on his land or in his own |
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1 | abode, legal dwelling, or fixed place of
business, or on | ||||||
2 | the land or in the legal dwelling of another person as an | ||||||
3 | invitee with that person's permission, any pistol, | ||||||
4 | revolver, stun gun or taser or other firearm, except
that
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5 | this subsection (a) (4) does not apply to or affect | ||||||
6 | transportation of weapons
that meet one of the following | ||||||
7 | conditions:
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8 | (i) are broken down in a non-functioning state; or
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9 | (ii) are not immediately accessible; or
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10 | (iii) are unloaded and enclosed in a case, firearm | ||||||
11 | carrying box,
shipping box, or other container by a | ||||||
12 | person who has been issued a currently
valid Firearm | ||||||
13 | Owner's
Identification Card; or | ||||||
14 | (iv) are carried or possessed in accordance with | ||||||
15 | the Firearm Concealed Carry Act by a person who has | ||||||
16 | been issued a currently valid license under the Firearm | ||||||
17 | Concealed Carry Act; or
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18 | (5) Sets a spring gun; or
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19 | (6) Possesses any device or attachment of any kind | ||||||
20 | designed, used or
intended for use in silencing the report | ||||||
21 | of any firearm; or
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22 | (7) Sells, manufactures, purchases, possesses or | ||||||
23 | carries:
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24 | (i) a machine gun, which shall be defined for the | ||||||
25 | purposes of this
subsection as any weapon,
which | ||||||
26 | shoots, is designed to shoot, or can be readily |
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1 | restored to shoot,
automatically more than one shot | ||||||
2 | without manually reloading by a single
function of the | ||||||
3 | trigger, including the frame or receiver
of any such | ||||||
4 | weapon, or sells, manufactures, purchases, possesses, | ||||||
5 | or
carries any combination of parts designed or | ||||||
6 | intended for
use in converting any weapon into a | ||||||
7 | machine gun, or any combination or
parts from which a | ||||||
8 | machine gun can be assembled if such parts are in the
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9 | possession or under the control of a person;
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10 | (ii) any rifle having one or
more barrels less than | ||||||
11 | 16 inches in length or a shotgun having one or more
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12 | barrels less than 18 inches in length or any weapon | ||||||
13 | made from a rifle or
shotgun, whether by alteration, | ||||||
14 | modification, or otherwise, if such a weapon
as | ||||||
15 | modified has an overall length of less than 26 inches; | ||||||
16 | or
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17 | (iii) any
bomb, bomb-shell, grenade, bottle or | ||||||
18 | other container containing an
explosive substance of | ||||||
19 | over one-quarter ounce for like purposes, such
as, but | ||||||
20 | not limited to, black powder bombs and Molotov | ||||||
21 | cocktails or
artillery projectiles; or
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22 | (8) Carries or possesses any firearm, stun gun or taser | ||||||
23 | or other
deadly weapon in any place which is licensed to | ||||||
24 | sell intoxicating
beverages, or at any public gathering | ||||||
25 | held pursuant to a license issued
by any governmental body | ||||||
26 | or any public gathering at which an admission
is charged, |
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1 | excluding a place where a showing, demonstration or lecture
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2 | involving the exhibition of unloaded firearms is | ||||||
3 | conducted.
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4 | This subsection (a)(8) does not apply to any auction or | ||||||
5 | raffle of a firearm
held pursuant to
a license or permit | ||||||
6 | issued by a governmental body, nor does it apply to persons
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7 | engaged
in firearm safety training courses; or
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8 | (9) Carries or possesses in a vehicle or on or about | ||||||
9 | his person any
pistol, revolver, stun gun or taser or | ||||||
10 | firearm or ballistic knife, when
he is hooded, robed or | ||||||
11 | masked in such manner as to conceal his identity; or
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12 | (10) Carries or possesses on or about his person, upon | ||||||
13 | any public street,
alley, or other public lands within the | ||||||
14 | corporate limits of a city, village
or incorporated town, | ||||||
15 | except when an invitee thereon or therein, for the
purpose | ||||||
16 | of the display of such weapon or the lawful commerce in | ||||||
17 | weapons, or
except when on his land or in his own abode, | ||||||
18 | legal dwelling, or fixed place of business, or on the land | ||||||
19 | or in the legal dwelling of another person as an invitee | ||||||
20 | with that person's permission, any
pistol, revolver, stun | ||||||
21 | gun or taser or other firearm, except that this
subsection | ||||||
22 | (a) (10) does not apply to or affect transportation of | ||||||
23 | weapons that
meet one of the following conditions:
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24 | (i) are broken down in a non-functioning state; or
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25 | (ii) are not immediately accessible; or
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26 | (iii) are unloaded and enclosed in a case, firearm |
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1 | carrying box,
shipping box, or other container by a | ||||||
2 | person who has been issued a currently
valid Firearm | ||||||
3 | Owner's
Identification Card; or
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4 | (iv) are carried or possessed in accordance with | ||||||
5 | the Firearm Concealed Carry Act by a person who has | ||||||
6 | been issued a currently valid license under the Firearm | ||||||
7 | Concealed Carry Act. | ||||||
8 | A "stun gun or taser", as used in this paragraph (a) | ||||||
9 | means (i) any device
which is powered by electrical | ||||||
10 | charging units, such as, batteries, and
which fires one or | ||||||
11 | several barbs attached to a length of wire and
which, upon | ||||||
12 | hitting a human, can send out a current capable of | ||||||
13 | disrupting
the person's nervous system in such a manner as | ||||||
14 | to render him incapable of
normal functioning or (ii) any | ||||||
15 | device which is powered by electrical
charging units, such | ||||||
16 | as batteries, and which, upon contact with a human or
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17 | clothing worn by a human, can send out current capable of | ||||||
18 | disrupting
the person's nervous system in such a manner as | ||||||
19 | to render him incapable
of normal functioning; or
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20 | (11) Sells, manufactures or purchases any explosive | ||||||
21 | bullet. For purposes
of this paragraph (a) "explosive | ||||||
22 | bullet" means the projectile portion of
an ammunition | ||||||
23 | cartridge which contains or carries an explosive charge | ||||||
24 | which
will explode upon contact with the flesh of a human | ||||||
25 | or an animal.
"Cartridge" means a tubular metal case having | ||||||
26 | a projectile affixed at the
front thereof and a cap or |
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1 | primer at the rear end thereof, with the
propellant | ||||||
2 | contained in such tube between the projectile and the cap; | ||||||
3 | or
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4 | (12) (Blank); or
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5 | (13) Carries or possesses on or about his or her person | ||||||
6 | while in a building occupied by a unit of government, a | ||||||
7 | billy club, other weapon of like character, or other | ||||||
8 | instrument of like character intended for use as a weapon. | ||||||
9 | For the purposes of this Section, "billy club" means a | ||||||
10 | short stick or club commonly carried by police officers | ||||||
11 | which is either telescopic or constructed of a solid piece | ||||||
12 | of wood or other man-made material. | ||||||
13 | (b) Sentence. A person convicted of a violation of | ||||||
14 | subsection 24-1(a)(1)
through (5), subsection 24-1(a)(10),
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15 | subsection 24-1(a)(11), or subsection 24-1(a)(13) commits a | ||||||
16 | Class A
misdemeanor.
A person convicted of a violation of | ||||||
17 | subsection
24-1(a)(8) or 24-1(a)(9) commits a
Class 4 felony; a | ||||||
18 | person
convicted of a violation of subsection 24-1(a)(6) or | ||||||
19 | 24-1(a)(7)(ii) or (iii)
commits a Class 3 felony. A person | ||||||
20 | convicted of a violation of subsection
24-1(a)(7)(i) commits a | ||||||
21 | Class 2 felony and , except as provided in subsection (t) of | ||||||
22 | Section 5-6-1 of the Unified Code of Corrections, shall be | ||||||
23 | sentenced to a term of imprisonment of not less than 3 years | ||||||
24 | and not more than 7 years, unless the weapon is possessed in | ||||||
25 | the
passenger compartment of a motor vehicle as defined in | ||||||
26 | Section 1-146 of the
Illinois Vehicle Code, or on the person, |
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1 | while the weapon is loaded, in which
case it shall be a Class X | ||||||
2 | felony. A person convicted of a
second or subsequent violation | ||||||
3 | of subsection 24-1(a)(4), 24-1(a)(8),
24-1(a)(9), or
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4 | 24-1(a)(10) commits a Class 3 felony. The possession of each | ||||||
5 | weapon in violation of this Section constitutes a single and | ||||||
6 | separate violation.
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7 | (c) Violations in specific places.
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8 | (1) A person who violates subsection 24-1(a)(6) or | ||||||
9 | 24-1(a)(7) in any
school, regardless of the time of day or | ||||||
10 | the time of year, in residential
property owned, operated | ||||||
11 | or managed by a public housing agency or
leased by
a public | ||||||
12 | housing agency as part of a scattered site or mixed-income
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13 | development, in a
public park, in a courthouse, on the real | ||||||
14 | property comprising any school,
regardless of the
time of | ||||||
15 | day or the time of year, on residential property owned, | ||||||
16 | operated
or
managed by a public housing agency
or leased by | ||||||
17 | a public housing agency as part of a scattered site or
| ||||||
18 | mixed-income development,
on the real property comprising | ||||||
19 | any
public park, on the real property comprising any | ||||||
20 | courthouse, in any conveyance
owned, leased or contracted | ||||||
21 | by a school to
transport students to or from school or a | ||||||
22 | school related activity, in any conveyance
owned, leased, | ||||||
23 | or contracted by a public transportation agency, or on any
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24 | public way within 1,000 feet of the real property | ||||||
25 | comprising any school,
public park, courthouse, public | ||||||
26 | transportation facility, 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
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3 | mixed-income development
commits a Class 2 felony and , | ||||||
4 | except as provided in subsection (t) of Section 5-6-1 of | ||||||
5 | the Unified Code of Corrections, shall be sentenced to a | ||||||
6 | term of imprisonment of not less than 3 years and not more | ||||||
7 | than 7 years.
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8 | (1.5) A person who violates subsection 24-1(a)(4), | ||||||
9 | 24-1(a)(9), or
24-1(a)(10) in any school, regardless of the | ||||||
10 | time of day or the time of year,
in residential property | ||||||
11 | owned, operated, or managed by a public
housing
agency
or | ||||||
12 | leased by a public housing agency as part of a scattered | ||||||
13 | site or
mixed-income development,
in
a public
park, in a | ||||||
14 | courthouse, on the real property comprising any school, | ||||||
15 | regardless
of the time of day or the time of year, on | ||||||
16 | residential property owned,
operated, or managed by a | ||||||
17 | public housing agency
or leased by a public housing agency | ||||||
18 | as part of a scattered site or
mixed-income development,
on | ||||||
19 | the real property
comprising any public park, on the real | ||||||
20 | property comprising any courthouse, in
any conveyance | ||||||
21 | owned, leased, or contracted by a school to transport | ||||||
22 | students
to or from school or a school related activity, in | ||||||
23 | any conveyance
owned, leased, or contracted by a public | ||||||
24 | transportation agency, or on any public way within
1,000 | ||||||
25 | feet of the real property comprising any school, public | ||||||
26 | park, courthouse,
public transportation facility, or |
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1 | residential property owned, operated, or managed by a | ||||||
2 | public
housing agency
or leased by a public housing agency | ||||||
3 | as part of a scattered site or
mixed-income development
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4 | commits a Class 3 felony.
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5 | (2) A person who violates subsection 24-1(a)(1), | ||||||
6 | 24-1(a)(2), or
24-1(a)(3)
in any school, regardless of the | ||||||
7 | time of day or the time of year, in
residential property | ||||||
8 | owned, operated or managed by a public housing
agency
or | ||||||
9 | leased by a public housing agency as part of a scattered | ||||||
10 | site or
mixed-income development,
in
a public park, in a | ||||||
11 | courthouse, on the real property comprising any school,
| ||||||
12 | regardless of the time of day or the time of year, on | ||||||
13 | residential property
owned, operated or managed by a public | ||||||
14 | housing agency
or leased by a public housing agency as part | ||||||
15 | of a scattered site or
mixed-income development,
on the | ||||||
16 | real property
comprising any public park, on the real | ||||||
17 | property comprising any courthouse, in
any conveyance | ||||||
18 | owned, leased or contracted by a school to transport | ||||||
19 | students
to or from school or a school related activity, in | ||||||
20 | any conveyance
owned, leased, or contracted by a public | ||||||
21 | transportation agency, or on any public way within
1,000 | ||||||
22 | feet of the real property comprising any school, public | ||||||
23 | park, courthouse,
public transportation facility, or | ||||||
24 | residential property owned, operated, or managed by a | ||||||
25 | public
housing agency or leased by a public housing agency | ||||||
26 | as part of a scattered
site or mixed-income development |
| |||||||
| |||||||
1 | commits a Class 4 felony. "Courthouse"
means any building | ||||||
2 | that is used by the Circuit, Appellate, or Supreme Court of
| ||||||
3 | this State for the conduct of official business.
| ||||||
4 | (3) Paragraphs (1), (1.5), and (2) of this subsection | ||||||
5 | (c) shall not
apply to law
enforcement officers or security | ||||||
6 | officers of such school, college, or
university or to | ||||||
7 | students carrying or possessing firearms for use in | ||||||
8 | training
courses, parades, hunting, target shooting on | ||||||
9 | school ranges, or otherwise with
the consent of school | ||||||
10 | authorities and which firearms are transported unloaded
| ||||||
11 | enclosed in a suitable case, box, or transportation | ||||||
12 | package.
| ||||||
13 | (4) For the purposes of this subsection (c), "school" | ||||||
14 | means any public or
private elementary or secondary school, | ||||||
15 | community college, college, or
university.
| ||||||
16 | (5) For the purposes of this subsection (c), "public | ||||||
17 | transportation agency" means a public or private agency | ||||||
18 | that provides for the transportation or conveyance of
| ||||||
19 | persons by means available to the general public, except | ||||||
20 | for transportation
by automobiles not used for conveyance | ||||||
21 | of the general public as passengers; and "public | ||||||
22 | transportation facility" means a terminal or other place
| ||||||
23 | where one may obtain public transportation.
| ||||||
24 | (d) The presence in an automobile other than a public | ||||||
25 | omnibus of any
weapon, instrument or substance referred to in | ||||||
26 | subsection (a)(7) is
prima facie evidence that it is in the |
| |||||||
| |||||||
1 | possession of, and is being
carried by, all persons occupying | ||||||
2 | such automobile at the time such
weapon, instrument or | ||||||
3 | substance is found, except under the following
circumstances: | ||||||
4 | (i) if such weapon, instrument or instrumentality is
found upon | ||||||
5 | the person of one of the occupants therein; or (ii) if such
| ||||||
6 | weapon, instrument or substance is found in an automobile | ||||||
7 | operated for
hire by a duly licensed driver in the due, lawful | ||||||
8 | and proper pursuit of
his trade, then such presumption shall | ||||||
9 | not apply to the driver.
| ||||||
10 | (e) Exemptions. Crossbows, Common or Compound bows and | ||||||
11 | Underwater
Spearguns are exempted from the definition of | ||||||
12 | ballistic knife as defined in
paragraph (1) of subsection (a) | ||||||
13 | of this Section.
| ||||||
14 | (Source: P.A. 99-29, eff. 7-10-15.)
| ||||||
15 | (720 ILCS 5/24-1.1) (from Ch. 38, par. 24-1.1)
| ||||||
16 | Sec. 24-1.1. Unlawful Use or Possession of Weapons by | ||||||
17 | Felons or
Persons in the Custody of the
Department of | ||||||
18 | Corrections Facilities. | ||||||
19 | (a) It is unlawful
for a person to knowingly possess on or | ||||||
20 | about his person or on his land or
in his own abode or fixed | ||||||
21 | place of business any weapon prohibited under
Section 24-1 of | ||||||
22 | this Act or any firearm or any firearm ammunition if the
person | ||||||
23 | has been convicted of a felony under the laws of this State or | ||||||
24 | any
other jurisdiction. This Section shall not apply if the | ||||||
25 | person has been
granted relief by the Director of the |
| |||||||
| |||||||
1 | Department of State Police
under Section 10 of the Firearm | ||||||
2 | Owners Identification
Card Act.
| ||||||
3 | (b) It is unlawful for any person confined in a penal | ||||||
4 | institution,
which is a facility of the Illinois Department of | ||||||
5 | Corrections, to possess
any weapon prohibited under Section | ||||||
6 | 24-1 of this Code or any firearm or
firearm ammunition, | ||||||
7 | regardless of the intent with which he possesses it.
| ||||||
8 | (c) It shall be an affirmative defense to a violation of | ||||||
9 | subsection (b), that such possession was specifically | ||||||
10 | authorized by rule,
regulation, or directive of the Illinois | ||||||
11 | Department of Corrections or order
issued pursuant thereto.
| ||||||
12 | (d) The defense of necessity is not available to a person | ||||||
13 | who is charged
with a violation of subsection (b) of this | ||||||
14 | Section.
| ||||||
15 | (e) Sentence. Violation of this Section by a person not | ||||||
16 | confined
in a penal institution shall be a Class 3 felony
for | ||||||
17 | which the person shall be sentenced , except as provided in | ||||||
18 | subsection (t) of Section 5-6-1 of the Unified Code of | ||||||
19 | Corrections, to no less than 2 years and no
more than 10 years | ||||||
20 | and any second or subsequent violation shall be a Class 2 | ||||||
21 | felony for which the person shall be sentenced to a term of | ||||||
22 | imprisonment of not less than 3 years and not more than 14 | ||||||
23 | years. Violation of this Section by a person not confined in a
| ||||||
24 | penal institution who has been convicted of a forcible felony, | ||||||
25 | a felony
violation of Article 24 of this Code or of the Firearm | ||||||
26 | Owners Identification
Card Act, stalking or aggravated |
| |||||||
| |||||||
1 | stalking, or a Class 2 or greater felony
under the Illinois | ||||||
2 | Controlled Substances Act, the Cannabis Control Act, or the | ||||||
3 | Methamphetamine Control and Community Protection Act is a
Class | ||||||
4 | 2 felony for which the person
shall be sentenced , except as | ||||||
5 | provided in subsection (t) of Section 5-6-1 of the Unified Code | ||||||
6 | of Corrections, to not less than 3 years and not more than 14 | ||||||
7 | years.
Violation of this Section by a person who is on parole | ||||||
8 | or mandatory supervised
release is a Class 2 felony for which | ||||||
9 | the person shall be sentenced , except as provided in subsection | ||||||
10 | (t) of Section 5-6-1 of the Unified Code of Corrections, to not | ||||||
11 | less than 3 years and not more than 14
years. Violation of this | ||||||
12 | Section by a person not confined in a penal
institution is a | ||||||
13 | Class X felony when the firearm possessed is a machine gun.
Any | ||||||
14 | person who violates this Section while confined in a penal
| ||||||
15 | institution, which is a facility of the Illinois Department of
| ||||||
16 | Corrections, is guilty of a Class 1
felony, if he possesses any | ||||||
17 | weapon prohibited under Section 24-1 of this
Code regardless of | ||||||
18 | the intent with which he possesses it, a Class X
felony if he | ||||||
19 | possesses any firearm, firearm ammunition or explosive, and a
| ||||||
20 | Class X felony for which the offender shall be sentenced to not | ||||||
21 | less than 12
years and not more than 50 years when the firearm | ||||||
22 | possessed is a machine
gun. A violation of this Section while | ||||||
23 | wearing or in possession of body armor as defined in Section | ||||||
24 | 33F-1 is a Class X felony punishable by a term of imprisonment | ||||||
25 | of not less than 10 years and not more than 40 years.
The | ||||||
26 | possession of each firearm or firearm ammunition in violation |
| |||||||
| |||||||
1 | of this Section constitutes a single and separate violation.
| ||||||
2 | (Source: P.A. 97-237, eff. 1-1-12.)
| ||||||
3 | (720 ILCS 5/24-1.6) | ||||||
4 | Sec. 24-1.6. Aggravated unlawful use of a weapon. | ||||||
5 | (a) A person commits the offense of aggravated unlawful use | ||||||
6 | of a weapon when
he or she knowingly: | ||||||
7 | (1) Carries on or about his or her person or in any | ||||||
8 | vehicle or concealed
on or about his or her person except | ||||||
9 | when on his or her land or in his or her
abode, legal | ||||||
10 | dwelling, or fixed place of business, or on the land or in | ||||||
11 | the legal dwelling of another person as an invitee with | ||||||
12 | that person's permission, any pistol, revolver, stun gun or | ||||||
13 | taser or
other firearm; or | ||||||
14 | (2) Carries or possesses on or about his or her person, | ||||||
15 | upon any public
street, alley, or other public lands within | ||||||
16 | the corporate limits of a city,
village or incorporated | ||||||
17 | town, except when an invitee thereon or therein, for
the | ||||||
18 | purpose of the display of such weapon or the lawful | ||||||
19 | commerce in weapons, or
except when on his or her own land | ||||||
20 | or in his or her own abode, legal dwelling, or fixed place | ||||||
21 | of
business, or on the land or in the legal dwelling of | ||||||
22 | another person as an invitee with that person's permission, | ||||||
23 | any pistol, revolver, stun gun or taser or other firearm; | ||||||
24 | and | ||||||
25 | (3) One of the following factors is present: |
| |||||||
| |||||||
1 | (A) the firearm, other than a pistol, revolver, or | ||||||
2 | handgun, possessed was uncased, loaded, and | ||||||
3 | immediately accessible
at the time of the offense; or | ||||||
4 | (A-5) the pistol, revolver, or handgun possessed | ||||||
5 | was uncased, loaded, and immediately accessible
at the | ||||||
6 | time of the offense and the person possessing the | ||||||
7 | pistol, revolver, or handgun has not been issued a | ||||||
8 | currently valid license under the Firearm Concealed | ||||||
9 | Carry Act; or | ||||||
10 | (B) the firearm, other than a pistol, revolver, or | ||||||
11 | handgun, possessed was uncased, unloaded, and the | ||||||
12 | ammunition for
the weapon was immediately accessible | ||||||
13 | at the time of the offense; or | ||||||
14 | (B-5) the pistol, revolver, or handgun possessed | ||||||
15 | was uncased, unloaded, and the ammunition for
the | ||||||
16 | weapon was immediately accessible at the time of the | ||||||
17 | offense and the person possessing the pistol, | ||||||
18 | revolver, or handgun has not been issued a currently | ||||||
19 | valid license under the Firearm Concealed Carry Act; or | ||||||
20 | (C) the person possessing the firearm has not been | ||||||
21 | issued a currently
valid Firearm Owner's | ||||||
22 | Identification Card; or | ||||||
23 | (D) the person possessing the weapon was | ||||||
24 | previously adjudicated
a delinquent minor under the | ||||||
25 | Juvenile Court Act of 1987 for an act that if
committed | ||||||
26 | by an adult would be a felony; or |
| |||||||
| |||||||
1 | (E) the person possessing the weapon was engaged in | ||||||
2 | a misdemeanor
violation of the Cannabis
Control Act, in | ||||||
3 | a misdemeanor violation of the Illinois Controlled | ||||||
4 | Substances
Act, or in a misdemeanor violation of the | ||||||
5 | Methamphetamine Control and Community Protection Act; | ||||||
6 | or | ||||||
7 | (F) (blank); or | ||||||
8 | (G) the person possessing the weapon had an a order | ||||||
9 | of protection issued
against him or her within the | ||||||
10 | previous 2 years; or | ||||||
11 | (H) the person possessing the weapon was engaged in | ||||||
12 | the commission or
attempted commission of
a | ||||||
13 | misdemeanor involving the use or threat of violence | ||||||
14 | against
the person or property of another; or | ||||||
15 | (I) the person possessing the weapon was under 21 | ||||||
16 | years of age and in
possession of a handgun, unless the | ||||||
17 | person under 21
is engaged in lawful activities under | ||||||
18 | the Wildlife Code or described in
subsection | ||||||
19 | 24-2(b)(1), (b)(3), or 24-2(f). | ||||||
20 | (a-5) "Handgun" as used in this Section has the meaning | ||||||
21 | given to it in Section 5 of the Firearm Concealed Carry Act. | ||||||
22 | (b) "Stun gun or taser" as used in this Section has the | ||||||
23 | same definition
given to it in Section 24-1 of this Code. | ||||||
24 | (c) This Section does not apply to or affect the | ||||||
25 | transportation or
possession
of weapons that: | ||||||
26 | (i) are broken down in a non-functioning state; or |
| |||||||
| |||||||
1 | (ii) are not immediately accessible; or | ||||||
2 | (iii) are unloaded and enclosed in a case, firearm | ||||||
3 | carrying box,
shipping box, or other container by a person | ||||||
4 | who has been issued a currently
valid Firearm Owner's
| ||||||
5 | Identification Card. | ||||||
6 | (d) Sentence. | ||||||
7 | (1) Aggravated unlawful use of a weapon is a Class 4 | ||||||
8 | felony;
a second or subsequent offense is a Class 2 felony | ||||||
9 | for which the person shall be sentenced to a term of | ||||||
10 | imprisonment of not less than 3 years and not more than 7 | ||||||
11 | years. | ||||||
12 | (2) Except as otherwise provided in paragraphs (3) and | ||||||
13 | (4) of this subsection (d), a first offense of aggravated | ||||||
14 | unlawful use of a weapon committed with a firearm by a | ||||||
15 | person 18 years of age or older where the factors listed in | ||||||
16 | both items (A) and (C) or both items (A-5) and (C) of | ||||||
17 | paragraph (3) of subsection (a) are present is a Class 4 | ||||||
18 | felony, for which the person shall be sentenced , except as | ||||||
19 | provided in subsection (t) of Section 5-6-1 of the Unified | ||||||
20 | Code of Corrections, to a term of imprisonment of not less | ||||||
21 | than one year and not more than 3 years. | ||||||
22 | (3) Aggravated unlawful use of
a weapon by a person who | ||||||
23 | has been previously
convicted of a felony in this State or | ||||||
24 | another jurisdiction is a Class 2
felony for which the | ||||||
25 | person shall be sentenced , except as provided in subsection | ||||||
26 | (t) of Section 5-6-1 of the Unified Code of Corrections, to |
| |||||||
| |||||||
1 | a term of imprisonment of not less than 3 years and not | ||||||
2 | more than 7 years. | ||||||
3 | (4) Aggravated unlawful use of a weapon while wearing | ||||||
4 | or in possession of body armor as defined in Section 33F-1 | ||||||
5 | by a person who has not been issued a valid Firearms | ||||||
6 | Owner's Identification Card in accordance with Section 5 of | ||||||
7 | the Firearm Owners Identification Card Act is a Class X | ||||||
8 | felony.
| ||||||
9 | (e) The possession of each firearm in violation of this | ||||||
10 | Section constitutes a single and separate violation. | ||||||
11 | (Source: P.A. 98-63, eff. 7-9-13; revised 10-6-16.)
| ||||||
12 | (720 ILCS 5/24-1.8) | ||||||
13 | Sec. 24-1.8. Unlawful possession of a firearm by a street | ||||||
14 | gang member. | ||||||
15 | (a) A person
commits unlawful possession of a firearm by a | ||||||
16 | street gang member when he or she knowingly: | ||||||
17 | (1) possesses, carries, or conceals on or about his or | ||||||
18 | her person a firearm and firearm ammunition while on any | ||||||
19 | street, road, alley, gangway, sidewalk, or any other lands, | ||||||
20 | except when inside his or her own abode or inside his or | ||||||
21 | her fixed place of business, and has not been issued a | ||||||
22 | currently valid Firearm Owner's Identification Card and is | ||||||
23 | a member of a street gang; or | ||||||
24 | (2) possesses or carries in any vehicle a firearm and | ||||||
25 | firearm ammunition which are both immediately accessible |
| |||||||
| |||||||
1 | at the time of the offense while on any street, road, | ||||||
2 | alley, or any other lands, except when inside his or her | ||||||
3 | own abode or garage, and has not been issued a currently | ||||||
4 | valid Firearm Owner's Identification Card and is a member | ||||||
5 | of a street gang. | ||||||
6 | (b) Unlawful possession of a firearm by a street gang | ||||||
7 | member is a Class 2 felony for which the person, if sentenced | ||||||
8 | to a term of imprisonment, shall be sentenced to no less than 3 | ||||||
9 | years and no more than 10 years. Except as provided in | ||||||
10 | subsection (t) of Section 5-6-1 of the Unified Code of | ||||||
11 | Corrections, a A period of probation, a term of periodic | ||||||
12 | imprisonment or conditional discharge shall not be imposed for | ||||||
13 | the offense of unlawful possession of a firearm by a street | ||||||
14 | gang member when the firearm was loaded or contained firearm | ||||||
15 | ammunition and the court shall sentence the offender to not | ||||||
16 | less than the minimum term of imprisonment authorized for the | ||||||
17 | Class 2 felony. | ||||||
18 | (c) For purposes of this Section: | ||||||
19 | "Street gang" or "gang" has the meaning ascribed to it | ||||||
20 | in Section 10 of the Illinois Streetgang Terrorism Omnibus | ||||||
21 | Prevention Act. | ||||||
22 | "Street gang member" or "gang member" has the meaning | ||||||
23 | ascribed to it in Section 10 of the Illinois Streetgang | ||||||
24 | Terrorism Omnibus Prevention Act.
| ||||||
25 | (Source: P.A. 96-829, eff. 12-3-09.)
|
| |||||||
| |||||||
1 | Section 135. The Unified Code of Corrections is amended by | ||||||
2 | changing Section 5-5-3 and 5-6-1 and adding Section 5-6-3.3-5 | ||||||
3 | as follows:
| ||||||
4 | (730 ILCS 5/5-5-3) (from Ch. 38, par. 1005-5-3)
| ||||||
5 | (Text of Section before amendment by P.A. 99-938 )
| ||||||
6 | Sec. 5-5-3. Disposition.
| ||||||
7 | (a) (Blank).
| ||||||
8 | (b) (Blank).
| ||||||
9 | (c) (1) (Blank).
| ||||||
10 | (2) A period of probation, a term of periodic imprisonment | ||||||
11 | or
conditional discharge shall not be imposed for the following | ||||||
12 | offenses.
The court shall sentence the offender to not less | ||||||
13 | than the minimum term
of imprisonment set forth in this Code | ||||||
14 | for the following offenses, and
may order a fine or restitution | ||||||
15 | or both in conjunction with such term of
imprisonment:
| ||||||
16 | (A) First degree murder where the death penalty is not | ||||||
17 | imposed.
| ||||||
18 | (B) Attempted first degree murder.
| ||||||
19 | (C) A Class X felony.
| ||||||
20 | (D) A violation of Section 401.1 or 407 of the
Illinois | ||||||
21 | Controlled Substances Act, or a violation of subdivision | ||||||
22 | (c)(1.5) or
(c)(2) of
Section 401 of that Act which relates | ||||||
23 | to more than 5 grams of a substance
containing cocaine, | ||||||
24 | fentanyl, or an analog thereof.
| ||||||
25 | (D-5) A violation of subdivision (c)(1) of
Section 401 |
| |||||||
| |||||||
1 | of the Illinois Controlled Substances Act which relates to | ||||||
2 | 3 or more grams of a substance
containing heroin or an | ||||||
3 | analog thereof. | ||||||
4 | (E) A violation of Section 5.1 or 9 of the Cannabis | ||||||
5 | Control
Act.
| ||||||
6 | (F) A Class 2 or greater felony if the offender had | ||||||
7 | been convicted
of a Class 2 or greater felony, including | ||||||
8 | any state or federal conviction for an offense that | ||||||
9 | contained, at the time it was committed, the same elements | ||||||
10 | as an offense now (the date of the offense committed after | ||||||
11 | the prior Class 2 or greater felony) classified as a Class | ||||||
12 | 2 or greater felony, within 10 years of the date on which | ||||||
13 | the
offender
committed the offense for which he or she is | ||||||
14 | being sentenced, except as
otherwise provided in Section | ||||||
15 | 40-10 of the Alcoholism and Other Drug Abuse and
Dependency | ||||||
16 | Act.
| ||||||
17 | (F-5) Except as provided in subsection (t) of Section | ||||||
18 | 5-6-1 of the Unified Code of Corrections, a A violation of | ||||||
19 | Section 24-1, 24-1.1, or 24-1.6 of the Criminal Code of | ||||||
20 | 1961 or the Criminal Code of 2012 for which imprisonment is | ||||||
21 | prescribed in those Sections. | ||||||
22 | (G) Residential burglary, except as otherwise provided | ||||||
23 | in Section 40-10
of the Alcoholism and Other Drug Abuse and | ||||||
24 | Dependency Act.
| ||||||
25 | (H) Criminal sexual assault.
| ||||||
26 | (I) Aggravated battery of a senior citizen as described |
| |||||||
| |||||||
1 | in Section 12-4.6 or subdivision (a)(4) of Section 12-3.05 | ||||||
2 | of the Criminal Code of 1961 or the Criminal Code of 2012.
| ||||||
3 | (J) A forcible felony if the offense was related to the | ||||||
4 | activities of an
organized gang.
| ||||||
5 | Before July 1, 1994, for the purposes of this | ||||||
6 | paragraph, "organized
gang" means an association of 5 or | ||||||
7 | more persons, with an established hierarchy,
that | ||||||
8 | encourages members of the association to perpetrate crimes | ||||||
9 | or provides
support to the members of the association who | ||||||
10 | do commit crimes.
| ||||||
11 | Beginning July 1, 1994, for the purposes of this | ||||||
12 | paragraph,
"organized gang" has the meaning ascribed to it | ||||||
13 | in Section 10 of the Illinois
Streetgang Terrorism Omnibus | ||||||
14 | Prevention Act.
| ||||||
15 | (K) Vehicular hijacking.
| ||||||
16 | (L) A second or subsequent conviction for the offense | ||||||
17 | of hate crime
when the underlying offense upon which the | ||||||
18 | hate crime is based is felony
aggravated
assault or felony | ||||||
19 | mob action.
| ||||||
20 | (M) A second or subsequent conviction for the offense | ||||||
21 | of institutional
vandalism if the damage to the property | ||||||
22 | exceeds $300.
| ||||||
23 | (N) A Class 3 felony violation of paragraph (1) of | ||||||
24 | subsection (a) of
Section 2 of the Firearm Owners | ||||||
25 | Identification Card Act.
| ||||||
26 | (O) A violation of Section 12-6.1 or 12-6.5 of the |
| |||||||
| |||||||
1 | Criminal Code of 1961 or the Criminal Code of 2012.
| ||||||
2 | (P) A violation of paragraph (1), (2), (3), (4), (5), | ||||||
3 | or (7) of
subsection (a)
of Section 11-20.1 of the Criminal | ||||||
4 | Code of 1961 or the Criminal Code of 2012.
| ||||||
5 | (Q) A violation of subsection (b) or (b-5) of Section | ||||||
6 | 20-1, Section 20-1.2, or Section 20-1.3 of the Criminal | ||||||
7 | Code of
1961 or the Criminal Code of 2012.
| ||||||
8 | (R) A violation of Section 24-3A of the Criminal Code | ||||||
9 | of
1961 or the Criminal Code of 2012.
| ||||||
10 | (S) (Blank).
| ||||||
11 | (T) A second or subsequent violation of the | ||||||
12 | Methamphetamine Control and Community Protection Act.
| ||||||
13 | (U) A second or subsequent violation of Section 6-303 | ||||||
14 | of the Illinois Vehicle Code committed while his or her | ||||||
15 | driver's license, permit, or privilege was revoked because | ||||||
16 | of a violation of Section 9-3 of the Criminal Code of 1961 | ||||||
17 | or the Criminal Code of 2012, relating to the offense of | ||||||
18 | reckless homicide, or a similar provision of a law of | ||||||
19 | another state.
| ||||||
20 | (V)
A violation of paragraph (4) of subsection (c) of | ||||||
21 | Section 11-20.1B or paragraph (4) of subsection (c) of | ||||||
22 | Section 11-20.3 of the Criminal Code of 1961, or paragraph | ||||||
23 | (6) of subsection (a) of Section 11-20.1 of the Criminal | ||||||
24 | Code of 2012 when the victim is under 13 years of age and | ||||||
25 | the defendant has previously been convicted under the laws | ||||||
26 | of this State or any other state of the offense of child |
| |||||||
| |||||||
1 | pornography, aggravated child pornography, aggravated | ||||||
2 | criminal sexual abuse, aggravated criminal sexual assault, | ||||||
3 | predatory criminal sexual assault of a child, or any of the | ||||||
4 | offenses formerly known as rape, deviate sexual assault, | ||||||
5 | indecent liberties with a child, or aggravated indecent | ||||||
6 | liberties with a child where the victim was under the age | ||||||
7 | of 18 years or an offense that is substantially equivalent | ||||||
8 | to those offenses. | ||||||
9 | (W) A violation of Section 24-3.5 of the Criminal Code | ||||||
10 | of 1961 or the Criminal Code of 2012.
| ||||||
11 | (X) A violation of subsection (a) of Section 31-1a of | ||||||
12 | the Criminal Code of 1961 or the Criminal Code of 2012. | ||||||
13 | (Y) A conviction for unlawful possession of a firearm | ||||||
14 | by a street gang member when the firearm was loaded or | ||||||
15 | contained firearm ammunition. | ||||||
16 | (Z) A Class 1 felony committed while he or she was | ||||||
17 | serving a term of probation or conditional discharge for a | ||||||
18 | felony. | ||||||
19 | (AA) Theft of property exceeding $500,000 and not | ||||||
20 | exceeding $1,000,000 in value. | ||||||
21 | (BB) Laundering of criminally derived property of a | ||||||
22 | value exceeding
$500,000. | ||||||
23 | (CC) Knowingly selling, offering for sale, holding for | ||||||
24 | sale, or using 2,000 or more counterfeit items or | ||||||
25 | counterfeit items having a retail value in the aggregate of | ||||||
26 | $500,000 or more. |
| |||||||
| |||||||
1 | (DD) A conviction for aggravated assault under | ||||||
2 | paragraph (6) of subsection (c) of Section 12-2 of the | ||||||
3 | Criminal Code of 1961 or the Criminal Code of 2012 if the | ||||||
4 | firearm is aimed toward the person against whom the firearm | ||||||
5 | is being used. | ||||||
6 | (EE) A conviction for a violation of paragraph (2) of | ||||||
7 | subsection (a) of Section 24-3B of the Criminal Code of | ||||||
8 | 2012. | ||||||
9 | (3) (Blank).
| ||||||
10 | (4) A minimum term of imprisonment of not less than 10
| ||||||
11 | consecutive days or 30 days of community service shall be | ||||||
12 | imposed for a
violation of paragraph (c) of Section 6-303 of | ||||||
13 | the Illinois Vehicle Code.
| ||||||
14 | (4.1) (Blank).
| ||||||
15 | (4.2) Except as provided in paragraphs (4.3) and (4.8) of | ||||||
16 | this subsection (c), a
minimum of
100 hours of community | ||||||
17 | service shall be imposed for a second violation of
Section | ||||||
18 | 6-303
of the Illinois Vehicle Code.
| ||||||
19 | (4.3) A minimum term of imprisonment of 30 days or 300 | ||||||
20 | hours of community
service, as determined by the court, shall
| ||||||
21 | be imposed for a second violation of subsection (c) of Section | ||||||
22 | 6-303 of the
Illinois Vehicle Code.
| ||||||
23 | (4.4) Except as provided in paragraphs
(4.5), (4.6), and | ||||||
24 | (4.9) of this
subsection (c), a
minimum term of imprisonment of | ||||||
25 | 30 days or 300 hours of community service, as
determined by the | ||||||
26 | court, shall
be imposed
for a third or subsequent violation of |
| |||||||
| |||||||
1 | Section 6-303 of the Illinois Vehicle
Code.
| ||||||
2 | (4.5) A minimum term of imprisonment of 30 days
shall be | ||||||
3 | imposed for a third violation of subsection (c) of
Section | ||||||
4 | 6-303 of the Illinois Vehicle Code.
| ||||||
5 | (4.6) Except as provided in paragraph (4.10) of this | ||||||
6 | subsection (c), a minimum term of imprisonment of 180 days | ||||||
7 | shall be imposed for a
fourth or subsequent violation of | ||||||
8 | subsection (c) of Section 6-303 of the
Illinois Vehicle Code.
| ||||||
9 | (4.7) A minimum term of imprisonment of not less than 30 | ||||||
10 | consecutive days, or 300 hours of community service, shall be | ||||||
11 | imposed for a violation of subsection (a-5) of Section 6-303 of | ||||||
12 | the Illinois Vehicle Code, as provided in subsection (b-5) of | ||||||
13 | that Section.
| ||||||
14 | (4.8) A mandatory prison sentence shall be imposed for a | ||||||
15 | second violation of subsection (a-5) of Section 6-303 of the | ||||||
16 | Illinois Vehicle Code, as provided in subsection (c-5) of that | ||||||
17 | Section. The person's driving privileges shall be revoked for a | ||||||
18 | period of not less than 5 years from the date of his or her | ||||||
19 | release from prison.
| ||||||
20 | (4.9) A mandatory prison sentence of not less than 4 and | ||||||
21 | not more than 15 years shall be imposed for a third violation | ||||||
22 | of subsection (a-5) of Section 6-303 of the Illinois Vehicle | ||||||
23 | Code, as provided in subsection (d-2.5) of that Section. The | ||||||
24 | person's driving privileges shall be revoked for the remainder | ||||||
25 | of his or her life.
| ||||||
26 | (4.10) A mandatory prison sentence for a Class 1 felony |
| |||||||
| |||||||
1 | shall be imposed, and the person shall be eligible for an | ||||||
2 | extended term sentence, for a fourth or subsequent violation of | ||||||
3 | subsection (a-5) of Section 6-303 of the Illinois Vehicle Code, | ||||||
4 | as provided in subsection (d-3.5) of that Section. The person's | ||||||
5 | driving privileges shall be revoked for the remainder of his or | ||||||
6 | her life.
| ||||||
7 | (5) The court may sentence a corporation or unincorporated
| ||||||
8 | association convicted of any offense to:
| ||||||
9 | (A) a period of conditional discharge;
| ||||||
10 | (B) a fine;
| ||||||
11 | (C) make restitution to the victim under Section 5-5-6 | ||||||
12 | of this Code.
| ||||||
13 | (5.1) In addition to any other penalties imposed, and | ||||||
14 | except as provided in paragraph (5.2) or (5.3), a person
| ||||||
15 | convicted of violating subsection (c) of Section 11-907 of the | ||||||
16 | Illinois
Vehicle Code shall have his or her driver's license, | ||||||
17 | permit, or privileges
suspended for at least 90 days but not | ||||||
18 | more than one year, if the violation
resulted in damage to the | ||||||
19 | property of another person.
| ||||||
20 | (5.2) In addition to any other penalties imposed, and | ||||||
21 | except as provided in paragraph (5.3), a person convicted
of | ||||||
22 | violating subsection (c) of Section 11-907 of the Illinois | ||||||
23 | Vehicle Code
shall have his or her driver's license, permit, or | ||||||
24 | privileges suspended for at
least 180 days but not more than 2 | ||||||
25 | years, if the violation resulted in injury
to
another person.
| ||||||
26 | (5.3) In addition to any other penalties imposed, a person |
| |||||||
| |||||||
1 | convicted of violating subsection (c) of Section
11-907 of the | ||||||
2 | Illinois Vehicle Code shall have his or her driver's license,
| ||||||
3 | permit, or privileges suspended for 2 years, if the violation | ||||||
4 | resulted in the
death of another person.
| ||||||
5 | (5.4) In addition to any other penalties imposed, a person | ||||||
6 | convicted of violating Section 3-707 of the Illinois Vehicle | ||||||
7 | Code shall have his or her driver's license, permit, or | ||||||
8 | privileges suspended for 3 months and until he or she has paid | ||||||
9 | a reinstatement fee of $100. | ||||||
10 | (5.5) In addition to any other penalties imposed, a person | ||||||
11 | convicted of violating Section 3-707 of the Illinois Vehicle | ||||||
12 | Code during a period in which his or her driver's license, | ||||||
13 | permit, or privileges were suspended for a previous violation | ||||||
14 | of that Section shall have his or her driver's license, permit, | ||||||
15 | or privileges suspended for an additional 6 months after the | ||||||
16 | expiration of the original 3-month suspension and until he or | ||||||
17 | she has paid a reinstatement fee of $100.
| ||||||
18 | (6) (Blank).
| ||||||
19 | (7) (Blank).
| ||||||
20 | (8) (Blank).
| ||||||
21 | (9) A defendant convicted of a second or subsequent offense | ||||||
22 | of ritualized
abuse of a child may be sentenced to a term of | ||||||
23 | natural life imprisonment.
| ||||||
24 | (10) (Blank).
| ||||||
25 | (11) The court shall impose a minimum fine of $1,000 for a | ||||||
26 | first offense
and $2,000 for a second or subsequent offense |
| |||||||
| |||||||
1 | upon a person convicted of or
placed on supervision for battery | ||||||
2 | when the individual harmed was a sports
official or coach at | ||||||
3 | any level of competition and the act causing harm to the
sports
| ||||||
4 | official or coach occurred within an athletic facility or | ||||||
5 | within the immediate vicinity
of the athletic facility at which | ||||||
6 | the sports official or coach was an active
participant
of the | ||||||
7 | athletic contest held at the athletic facility. For the | ||||||
8 | purposes of
this paragraph (11), "sports official" means a | ||||||
9 | person at an athletic contest
who enforces the rules of the | ||||||
10 | contest, such as an umpire or referee; "athletic facility" | ||||||
11 | means an indoor or outdoor playing field or recreational area | ||||||
12 | where sports activities are conducted;
and "coach" means a | ||||||
13 | person recognized as a coach by the sanctioning
authority that | ||||||
14 | conducted the sporting event. | ||||||
15 | (12) A person may not receive a disposition of court | ||||||
16 | supervision for a
violation of Section 5-16 of the Boat | ||||||
17 | Registration and Safety Act if that
person has previously | ||||||
18 | received a disposition of court supervision for a
violation of | ||||||
19 | that Section.
| ||||||
20 | (13) A person convicted of or placed on court supervision | ||||||
21 | for an assault or aggravated assault when the victim and the | ||||||
22 | offender are family or household members as defined in Section | ||||||
23 | 103 of the Illinois Domestic Violence Act of 1986 or convicted | ||||||
24 | of domestic battery or aggravated domestic battery may be | ||||||
25 | required to attend a Partner Abuse Intervention Program under | ||||||
26 | protocols set forth by the Illinois Department of Human |
| |||||||
| |||||||
1 | Services under such terms and conditions imposed by the court. | ||||||
2 | The costs of such classes shall be paid by the offender.
| ||||||
3 | (d) In any case in which a sentence originally imposed is | ||||||
4 | vacated,
the case shall be remanded to the trial court. The | ||||||
5 | trial court shall
hold a hearing under Section 5-4-1 of the | ||||||
6 | Unified Code of Corrections
which may include evidence of the | ||||||
7 | defendant's life, moral character and
occupation during the | ||||||
8 | time since the original sentence was passed. The
trial court | ||||||
9 | shall then impose sentence upon the defendant. The trial
court | ||||||
10 | may impose any sentence which could have been imposed at the
| ||||||
11 | original trial subject to Section 5-5-4 of the Unified Code of | ||||||
12 | Corrections.
If a sentence is vacated on appeal or on | ||||||
13 | collateral attack due to the
failure of the trier of fact at | ||||||
14 | trial to determine beyond a reasonable doubt
the
existence of a | ||||||
15 | fact (other than a prior conviction) necessary to increase the
| ||||||
16 | punishment for the offense beyond the statutory maximum | ||||||
17 | otherwise applicable,
either the defendant may be re-sentenced | ||||||
18 | to a term within the range otherwise
provided or, if the State | ||||||
19 | files notice of its intention to again seek the
extended | ||||||
20 | sentence, the defendant shall be afforded a new trial.
| ||||||
21 | (e) In cases where prosecution for
aggravated criminal | ||||||
22 | sexual abuse under Section 11-1.60 or 12-16 of the
Criminal | ||||||
23 | Code of 1961 or the Criminal Code of 2012 results in conviction | ||||||
24 | of a defendant
who was a family member of the victim at the | ||||||
25 | time of the commission of the
offense, the court shall consider | ||||||
26 | the safety and welfare of the victim and
may impose a sentence |
| |||||||
| |||||||
1 | of probation only where:
| ||||||
2 | (1) the court finds (A) or (B) or both are appropriate:
| ||||||
3 | (A) the defendant is willing to undergo a court | ||||||
4 | approved counseling
program for a minimum duration of 2 | ||||||
5 | years; or
| ||||||
6 | (B) the defendant is willing to participate in a | ||||||
7 | court approved plan
including but not limited to the | ||||||
8 | defendant's:
| ||||||
9 | (i) removal from the household;
| ||||||
10 | (ii) restricted contact with the victim;
| ||||||
11 | (iii) continued financial support of the | ||||||
12 | family;
| ||||||
13 | (iv) restitution for harm done to the victim; | ||||||
14 | and
| ||||||
15 | (v) compliance with any other measures that | ||||||
16 | the court may
deem appropriate; and
| ||||||
17 | (2) the court orders the defendant to pay for the | ||||||
18 | victim's counseling
services, to the extent that the court | ||||||
19 | finds, after considering the
defendant's income and | ||||||
20 | assets, that the defendant is financially capable of
paying | ||||||
21 | for such services, if the victim was under 18 years of age | ||||||
22 | at the
time the offense was committed and requires | ||||||
23 | counseling as a result of the
offense.
| ||||||
24 | Probation may be revoked or modified pursuant to Section | ||||||
25 | 5-6-4; except
where the court determines at the hearing that | ||||||
26 | the defendant violated a
condition of his or her probation |
| |||||||
| |||||||
1 | restricting contact with the victim or
other family members or | ||||||
2 | commits another offense with the victim or other
family | ||||||
3 | members, the court shall revoke the defendant's probation and
| ||||||
4 | impose a term of imprisonment.
| ||||||
5 | For the purposes of this Section, "family member" and | ||||||
6 | "victim" shall have
the meanings ascribed to them in Section | ||||||
7 | 11-0.1 of the Criminal Code of
2012.
| ||||||
8 | (f) (Blank).
| ||||||
9 | (g) Whenever a defendant is convicted of an offense under | ||||||
10 | Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60,
11-14, | ||||||
11 | 11-14.3, 11-14.4 except for an offense that involves keeping a | ||||||
12 | place of juvenile prostitution, 11-15, 11-15.1, 11-16, 11-17, | ||||||
13 | 11-18, 11-18.1, 11-19, 11-19.1, 11-19.2,
12-13, 12-14, | ||||||
14 | 12-14.1, 12-15 or 12-16 of the Criminal Code of 1961 or the | ||||||
15 | Criminal Code of 2012,
the defendant shall undergo medical | ||||||
16 | testing to
determine whether the defendant has any sexually | ||||||
17 | transmissible disease,
including a test for infection with | ||||||
18 | human immunodeficiency virus (HIV) or
any other identified | ||||||
19 | causative agent of acquired immunodeficiency syndrome
(AIDS). | ||||||
20 | Any such medical test shall be performed only by appropriately
| ||||||
21 | licensed medical practitioners and may include an analysis of | ||||||
22 | any bodily
fluids as well as an examination of the defendant's | ||||||
23 | person.
Except as otherwise provided by law, the results of | ||||||
24 | such test shall be kept
strictly confidential by all medical | ||||||
25 | personnel involved in the testing and must
be personally | ||||||
26 | delivered in a sealed envelope to the judge of the court in |
| |||||||
| |||||||
1 | which
the conviction was entered for the judge's inspection in | ||||||
2 | camera. Acting in
accordance with the best interests of the | ||||||
3 | victim and the public, the judge
shall have the discretion to | ||||||
4 | determine to whom, if anyone, the results of the
testing may be | ||||||
5 | revealed. The court shall notify the defendant
of the test | ||||||
6 | results. The court shall
also notify the victim if requested by | ||||||
7 | the victim, and if the victim is under
the age of 15 and if | ||||||
8 | requested by the victim's parents or legal guardian, the
court | ||||||
9 | shall notify the victim's parents or legal guardian of the test
| ||||||
10 | results.
The court shall provide information on the | ||||||
11 | availability of HIV testing
and counseling at Department of | ||||||
12 | Public Health facilities to all parties to
whom the results of | ||||||
13 | the testing are revealed and shall direct the State's
Attorney | ||||||
14 | to provide the information to the victim when possible.
A | ||||||
15 | State's Attorney may petition the court to obtain the results | ||||||
16 | of any HIV test
administered under this Section, and the court | ||||||
17 | shall grant the disclosure if
the State's Attorney shows it is | ||||||
18 | relevant in order to prosecute a charge of
criminal | ||||||
19 | transmission of HIV under Section 12-5.01 or 12-16.2 of the | ||||||
20 | Criminal Code of 1961 or the Criminal Code of 2012
against the | ||||||
21 | defendant. The court shall order that the cost of any such test
| ||||||
22 | shall be paid by the county and may be taxed as costs against | ||||||
23 | the convicted
defendant.
| ||||||
24 | (g-5) When an inmate is tested for an airborne communicable | ||||||
25 | disease, as
determined by the Illinois Department of Public | ||||||
26 | Health including but not
limited to tuberculosis, the results |
| |||||||
| |||||||
1 | of the test shall be
personally delivered by the warden or his | ||||||
2 | or her designee in a sealed envelope
to the judge of the court | ||||||
3 | in which the inmate must appear for the judge's
inspection in | ||||||
4 | camera if requested by the judge. Acting in accordance with the
| ||||||
5 | best interests of those in the courtroom, the judge shall have | ||||||
6 | the discretion
to determine what if any precautions need to be | ||||||
7 | taken to prevent transmission
of the disease in the courtroom.
| ||||||
8 | (h) Whenever a defendant is convicted of an offense under | ||||||
9 | Section 1 or 2
of the Hypodermic Syringes and Needles Act, the | ||||||
10 | defendant shall undergo
medical testing to determine whether | ||||||
11 | the defendant has been exposed to human
immunodeficiency virus | ||||||
12 | (HIV) or any other identified causative agent of
acquired | ||||||
13 | immunodeficiency syndrome (AIDS). Except as otherwise provided | ||||||
14 | by
law, the results of such test shall be kept strictly | ||||||
15 | confidential by all
medical personnel involved in the testing | ||||||
16 | and must be personally delivered in a
sealed envelope to the | ||||||
17 | judge of the court in which the conviction was entered
for the | ||||||
18 | judge's inspection in camera. Acting in accordance with the | ||||||
19 | best
interests of the public, the judge shall have the | ||||||
20 | discretion to determine to
whom, if anyone, the results of the | ||||||
21 | testing may be revealed. The court shall
notify the defendant | ||||||
22 | of a positive test showing an infection with the human
| ||||||
23 | immunodeficiency virus (HIV). The court shall provide | ||||||
24 | information on the
availability of HIV testing and counseling | ||||||
25 | at Department of Public Health
facilities to all parties to | ||||||
26 | whom the results of the testing are revealed and
shall direct |
| |||||||
| |||||||
1 | the State's Attorney to provide the information to the victim | ||||||
2 | when
possible. A State's Attorney may petition the court to | ||||||
3 | obtain the results of
any HIV test administered under this | ||||||
4 | Section, and the court shall grant the
disclosure if the | ||||||
5 | State's Attorney shows it is relevant in order to prosecute a
| ||||||
6 | charge of criminal transmission of HIV under Section 12-5.01 or | ||||||
7 | 12-16.2 of the Criminal
Code of 1961 or the Criminal Code of | ||||||
8 | 2012 against the defendant. The court shall order that the cost | ||||||
9 | of any
such test shall be paid by the county and may be taxed as | ||||||
10 | costs against the
convicted defendant.
| ||||||
11 | (i) All fines and penalties imposed under this Section for | ||||||
12 | any violation
of Chapters 3, 4, 6, and 11 of the Illinois | ||||||
13 | Vehicle Code, or a similar
provision of a local ordinance, and | ||||||
14 | any violation
of the Child Passenger Protection Act, or a | ||||||
15 | similar provision of a local
ordinance, shall be collected and | ||||||
16 | disbursed by the circuit
clerk as provided under Section 27.5 | ||||||
17 | of the Clerks of Courts Act.
| ||||||
18 | (j) In cases when prosecution for any violation of Section | ||||||
19 | 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-8,
11-9, | ||||||
20 | 11-11, 11-14, 11-14.3, 11-14.4, 11-15, 11-15.1, 11-16, 11-17, | ||||||
21 | 11-17.1, 11-18, 11-18.1,
11-19, 11-19.1, 11-19.2, 11-20.1, | ||||||
22 | 11-20.1B, 11-20.3, 11-21, 11-30, 11-40, 12-13, 12-14, 12-14.1, | ||||||
23 | 12-15, or
12-16 of the
Criminal Code of 1961 or the Criminal | ||||||
24 | Code of 2012, any violation of the Illinois Controlled | ||||||
25 | Substances Act,
any violation of the Cannabis Control Act, or | ||||||
26 | any violation of the Methamphetamine Control and Community |
| |||||||
| |||||||
1 | Protection Act results in conviction, a
disposition of court | ||||||
2 | supervision, or an order of probation granted under
Section 10 | ||||||
3 | of the Cannabis Control Act, Section 410 of the Illinois
| ||||||
4 | Controlled Substances Act, or Section 70 of the Methamphetamine | ||||||
5 | Control and Community Protection Act of a defendant, the court | ||||||
6 | shall determine whether the
defendant is employed by a facility | ||||||
7 | or center as defined under the Child Care
Act of 1969, a public | ||||||
8 | or private elementary or secondary school, or otherwise
works | ||||||
9 | with children under 18 years of age on a daily basis. When a | ||||||
10 | defendant
is so employed, the court shall order the Clerk of | ||||||
11 | the Court to send a copy of
the judgment of conviction or order | ||||||
12 | of supervision or probation to the
defendant's employer by | ||||||
13 | certified mail.
If the employer of the defendant is a school, | ||||||
14 | the Clerk of the Court shall
direct the mailing of a copy of | ||||||
15 | the judgment of conviction or order of
supervision or probation | ||||||
16 | to the appropriate regional superintendent of schools.
The | ||||||
17 | regional superintendent of schools shall notify the State Board | ||||||
18 | of
Education of any notification under this subsection.
| ||||||
19 | (j-5) A defendant at least 17 years of age who is convicted | ||||||
20 | of a felony and
who has not been previously convicted of a | ||||||
21 | misdemeanor or felony and who is
sentenced to a term of | ||||||
22 | imprisonment in the Illinois Department of Corrections
shall as | ||||||
23 | a condition of his or her sentence be required by the court to | ||||||
24 | attend
educational courses designed to prepare the defendant | ||||||
25 | for a high school diploma
and to work toward a high school | ||||||
26 | diploma or to work toward passing high school equivalency |
| |||||||
| |||||||
1 | testing or to work toward
completing a vocational training | ||||||
2 | program offered by the Department of
Corrections. If a | ||||||
3 | defendant fails to complete the educational training
required | ||||||
4 | by his or her sentence during the term of incarceration, the | ||||||
5 | Prisoner
Review Board shall, as a condition of mandatory | ||||||
6 | supervised release, require the
defendant, at his or her own | ||||||
7 | expense, to pursue a course of study toward a high
school | ||||||
8 | diploma or passage of high school equivalency testing. The | ||||||
9 | Prisoner Review Board shall
revoke the mandatory supervised | ||||||
10 | release of a defendant who wilfully fails to
comply with this | ||||||
11 | subsection (j-5) upon his or her release from confinement in a
| ||||||
12 | penal institution while serving a mandatory supervised release | ||||||
13 | term; however,
the inability of the defendant after making a | ||||||
14 | good faith effort to obtain
financial aid or pay for the | ||||||
15 | educational training shall not be deemed a wilful
failure to | ||||||
16 | comply. The Prisoner Review Board shall recommit the defendant
| ||||||
17 | whose mandatory supervised release term has been revoked under | ||||||
18 | this subsection
(j-5) as provided in Section 3-3-9. This | ||||||
19 | subsection (j-5) does not apply to a
defendant who has a high | ||||||
20 | school diploma or has successfully passed high school | ||||||
21 | equivalency testing. This subsection (j-5) does not apply to a | ||||||
22 | defendant who is determined by
the court to be a person with a | ||||||
23 | developmental disability or otherwise mentally incapable of
| ||||||
24 | completing the educational or vocational program.
| ||||||
25 | (k) (Blank).
| ||||||
26 | (l) (A) Except as provided
in paragraph (C) of subsection |
| |||||||
| |||||||
1 | (l), whenever a defendant,
who is an alien as defined by the | ||||||
2 | Immigration and Nationality Act, is convicted
of any felony or | ||||||
3 | misdemeanor offense, the court after sentencing the defendant
| ||||||
4 | may, upon motion of the State's Attorney, hold sentence in | ||||||
5 | abeyance and remand
the defendant to the custody of the | ||||||
6 | Attorney General of
the United States or his or her designated | ||||||
7 | agent to be deported when:
| ||||||
8 | (1) a final order of deportation has been issued | ||||||
9 | against the defendant
pursuant to proceedings under the | ||||||
10 | Immigration and Nationality Act, and
| ||||||
11 | (2) the deportation of the defendant would not | ||||||
12 | deprecate the seriousness
of the defendant's conduct and | ||||||
13 | would not be inconsistent with the ends of
justice.
| ||||||
14 | Otherwise, the defendant shall be sentenced as provided in | ||||||
15 | this Chapter V.
| ||||||
16 | (B) If the defendant has already been sentenced for a | ||||||
17 | felony or
misdemeanor
offense, or has been placed on probation | ||||||
18 | under Section 10 of the Cannabis
Control Act,
Section 410 of | ||||||
19 | the Illinois Controlled Substances Act, or Section 70 of the | ||||||
20 | Methamphetamine Control and Community Protection Act, the | ||||||
21 | court
may, upon motion of the State's Attorney to suspend the
| ||||||
22 | sentence imposed, commit the defendant to the custody of the | ||||||
23 | Attorney General
of the United States or his or her designated | ||||||
24 | agent when:
| ||||||
25 | (1) a final order of deportation has been issued | ||||||
26 | against the defendant
pursuant to proceedings under the |
| |||||||
| |||||||
1 | Immigration and Nationality Act, and
| ||||||
2 | (2) the deportation of the defendant would not | ||||||
3 | deprecate the seriousness
of the defendant's conduct and | ||||||
4 | would not be inconsistent with the ends of
justice.
| ||||||
5 | (C) This subsection (l) does not apply to offenders who are | ||||||
6 | subject to the
provisions of paragraph (2) of subsection (a) of | ||||||
7 | Section 3-6-3.
| ||||||
8 | (D) Upon motion of the State's Attorney, if a defendant | ||||||
9 | sentenced under
this Section returns to the jurisdiction of the | ||||||
10 | United States, the defendant
shall be recommitted to the | ||||||
11 | custody of the county from which he or she was
sentenced.
| ||||||
12 | Thereafter, the defendant shall be brought before the | ||||||
13 | sentencing court, which
may impose any sentence that was | ||||||
14 | available under Section 5-5-3 at the time of
initial | ||||||
15 | sentencing. In addition, the defendant shall not be eligible | ||||||
16 | for
additional sentence credit for good conduct as provided | ||||||
17 | under
Section 3-6-3.
| ||||||
18 | (m) A person convicted of criminal defacement of property | ||||||
19 | under Section
21-1.3 of the Criminal Code of 1961 or the | ||||||
20 | Criminal Code of 2012, in which the property damage exceeds | ||||||
21 | $300
and the property damaged is a school building, shall be | ||||||
22 | ordered to perform
community service that may include cleanup, | ||||||
23 | removal, or painting over the
defacement.
| ||||||
24 | (n) The court may sentence a person convicted of a | ||||||
25 | violation of Section
12-19, 12-21, 16-1.3, or 17-56, or | ||||||
26 | subsection (a) or (b) of Section 12-4.4a, of the Criminal Code |
| |||||||
| |||||||
1 | of 1961 or the Criminal Code of 2012 (i) to an impact
| ||||||
2 | incarceration program if the person is otherwise eligible for | ||||||
3 | that program
under Section 5-8-1.1, (ii) to community service, | ||||||
4 | or (iii) if the person is an
addict or alcoholic, as defined in | ||||||
5 | the Alcoholism and Other Drug Abuse and
Dependency Act, to a | ||||||
6 | substance or alcohol abuse program licensed under that
Act. | ||||||
7 | (o) Whenever a person is convicted of a sex offense as | ||||||
8 | defined in Section 2 of the Sex Offender Registration Act, the | ||||||
9 | defendant's driver's license or permit shall be subject to | ||||||
10 | renewal on an annual basis in accordance with the provisions of | ||||||
11 | license renewal established by the Secretary of State.
| ||||||
12 | (Source: P.A. 98-718, eff. 1-1-15; 98-756, eff. 7-16-14; | ||||||
13 | 99-143, eff. 7-27-15; 99-885, eff. 8-23-16.)
| ||||||
14 | (Text of Section after amendment by P.A. 99-938 ) | ||||||
15 | Sec. 5-5-3. Disposition.
| ||||||
16 | (a) (Blank).
| ||||||
17 | (b) (Blank).
| ||||||
18 | (c) (1) (Blank).
| ||||||
19 | (2) A period of probation, a term of periodic imprisonment | ||||||
20 | or
conditional discharge shall not be imposed for the following | ||||||
21 | offenses.
The court shall sentence the offender to not less | ||||||
22 | than the minimum term
of imprisonment set forth in this Code | ||||||
23 | for the following offenses, and
may order a fine or restitution | ||||||
24 | or both in conjunction with such term of
imprisonment:
| ||||||
25 | (A) First degree murder where the death penalty is not |
| |||||||
| |||||||
1 | imposed.
| ||||||
2 | (B) Attempted first degree murder.
| ||||||
3 | (C) A Class X felony.
| ||||||
4 | (D) A violation of Section 401.1 or 407 of the
Illinois | ||||||
5 | Controlled Substances Act, or a violation of subdivision | ||||||
6 | (c)(1.5) of
Section 401 of that Act which relates to more | ||||||
7 | than 5 grams of a substance
containing fentanyl or an | ||||||
8 | analog thereof.
| ||||||
9 | (D-5) A violation of subdivision (c)(1) of
Section 401 | ||||||
10 | of the Illinois Controlled Substances Act which relates to | ||||||
11 | 3 or more grams of a substance
containing heroin or an | ||||||
12 | analog thereof. | ||||||
13 | (E) (Blank).
| ||||||
14 | (F) A Class 1 or greater felony if the offender had | ||||||
15 | been convicted
of a Class 1 or greater felony, including | ||||||
16 | any state or federal conviction for an offense that | ||||||
17 | contained, at the time it was committed, the same elements | ||||||
18 | as an offense now (the date of the offense committed after | ||||||
19 | the prior Class 1 or greater felony) classified as a Class | ||||||
20 | 1 or greater felony, within 10 years of the date on which | ||||||
21 | the
offender
committed the offense for which he or she is | ||||||
22 | being sentenced, except as
otherwise provided in Section | ||||||
23 | 40-10 of the Alcoholism and Other Drug Abuse and
Dependency | ||||||
24 | Act.
| ||||||
25 | (F-3) A Class 2 or greater felony sex offense or felony | ||||||
26 | firearm offense if the offender had been convicted of a |
| |||||||
| |||||||
1 | Class 2 or greater felony, including any state or federal | ||||||
2 | conviction for an offense that contained, at the time it | ||||||
3 | was committed, the same elements as an offense now (the | ||||||
4 | date of the offense committed after the prior Class 2 or | ||||||
5 | greater felony) classified as a Class 2 or greater felony, | ||||||
6 | within 10 years of the date on which the offender committed | ||||||
7 | the offense for which he or she is being sentenced, except | ||||||
8 | as otherwise provided in Section 40-10 of the Alcoholism | ||||||
9 | and Other Drug Abuse and Dependency Act. | ||||||
10 | (F-5) Except as provided in subsection (t) of Section | ||||||
11 | 5-6-1 of the Unified Code of Corrections, a A violation of | ||||||
12 | Section 24-1, 24-1.1, or 24-1.6 of the Criminal Code of | ||||||
13 | 1961 or the Criminal Code of 2012 for which imprisonment is | ||||||
14 | prescribed in those Sections. | ||||||
15 | (G) Residential burglary, except as otherwise provided | ||||||
16 | in Section 40-10
of the Alcoholism and Other Drug Abuse and | ||||||
17 | Dependency Act.
| ||||||
18 | (H) Criminal sexual assault.
| ||||||
19 | (I) Aggravated battery of a senior citizen as described | ||||||
20 | in Section 12-4.6 or subdivision (a)(4) of Section 12-3.05 | ||||||
21 | of the Criminal Code of 1961 or the Criminal Code of 2012.
| ||||||
22 | (J) A forcible felony if the offense was related to the | ||||||
23 | activities of an
organized gang.
| ||||||
24 | Before July 1, 1994, for the purposes of this | ||||||
25 | paragraph, "organized
gang" means an association of 5 or | ||||||
26 | more persons, with an established hierarchy,
that |
| |||||||
| |||||||
1 | encourages members of the association to perpetrate crimes | ||||||
2 | or provides
support to the members of the association who | ||||||
3 | do commit crimes.
| ||||||
4 | Beginning July 1, 1994, for the purposes of this | ||||||
5 | paragraph,
"organized gang" has the meaning ascribed to it | ||||||
6 | in Section 10 of the Illinois
Streetgang Terrorism Omnibus | ||||||
7 | Prevention Act.
| ||||||
8 | (K) Vehicular hijacking.
| ||||||
9 | (L) A second or subsequent conviction for the offense | ||||||
10 | of hate crime
when the underlying offense upon which the | ||||||
11 | hate crime is based is felony
aggravated
assault or felony | ||||||
12 | mob action.
| ||||||
13 | (M) A second or subsequent conviction for the offense | ||||||
14 | of institutional
vandalism if the damage to the property | ||||||
15 | exceeds $300.
| ||||||
16 | (N) A Class 3 felony violation of paragraph (1) of | ||||||
17 | subsection (a) of
Section 2 of the Firearm Owners | ||||||
18 | Identification Card Act.
| ||||||
19 | (O) A violation of Section 12-6.1 or 12-6.5 of the | ||||||
20 | Criminal Code of 1961 or the Criminal Code of 2012.
| ||||||
21 | (P) A violation of paragraph (1), (2), (3), (4), (5), | ||||||
22 | or (7) of
subsection (a)
of Section 11-20.1 of the Criminal | ||||||
23 | Code of 1961 or the Criminal Code of 2012.
| ||||||
24 | (Q) A violation of subsection (b) or (b-5) of Section | ||||||
25 | 20-1, Section 20-1.2, or Section 20-1.3 of the Criminal | ||||||
26 | Code of
1961 or the Criminal Code of 2012.
|
| |||||||
| |||||||
1 | (R) A violation of Section 24-3A of the Criminal Code | ||||||
2 | of
1961 or the Criminal Code of 2012.
| ||||||
3 | (S) (Blank).
| ||||||
4 | (T) (Blank).
| ||||||
5 | (U) A second or subsequent violation of Section 6-303 | ||||||
6 | of the Illinois Vehicle Code committed while his or her | ||||||
7 | driver's license, permit, or privilege was revoked because | ||||||
8 | of a violation of Section 9-3 of the Criminal Code of 1961 | ||||||
9 | or the Criminal Code of 2012, relating to the offense of | ||||||
10 | reckless homicide, or a similar provision of a law of | ||||||
11 | another state.
| ||||||
12 | (V)
A violation of paragraph (4) of subsection (c) of | ||||||
13 | Section 11-20.1B or paragraph (4) of subsection (c) of | ||||||
14 | Section 11-20.3 of the Criminal Code of 1961, or paragraph | ||||||
15 | (6) of subsection (a) of Section 11-20.1 of the Criminal | ||||||
16 | Code of 2012 when the victim is under 13 years of age and | ||||||
17 | the defendant has previously been convicted under the laws | ||||||
18 | of this State or any other state of the offense of child | ||||||
19 | pornography, aggravated child pornography, aggravated | ||||||
20 | criminal sexual abuse, aggravated criminal sexual assault, | ||||||
21 | predatory criminal sexual assault of a child, or any of the | ||||||
22 | offenses formerly known as rape, deviate sexual assault, | ||||||
23 | indecent liberties with a child, or aggravated indecent | ||||||
24 | liberties with a child where the victim was under the age | ||||||
25 | of 18 years or an offense that is substantially equivalent | ||||||
26 | to those offenses. |
| |||||||
| |||||||
1 | (W) A violation of Section 24-3.5 of the Criminal Code | ||||||
2 | of 1961 or the Criminal Code of 2012.
| ||||||
3 | (X) A violation of subsection (a) of Section 31-1a of | ||||||
4 | the Criminal Code of 1961 or the Criminal Code of 2012. | ||||||
5 | (Y) A conviction for unlawful possession of a firearm | ||||||
6 | by a street gang member when the firearm was loaded or | ||||||
7 | contained firearm ammunition. | ||||||
8 | (Z) A Class 1 felony committed while he or she was | ||||||
9 | serving a term of probation or conditional discharge for a | ||||||
10 | felony. | ||||||
11 | (AA) Theft of property exceeding $500,000 and not | ||||||
12 | exceeding $1,000,000 in value. | ||||||
13 | (BB) Laundering of criminally derived property of a | ||||||
14 | value exceeding
$500,000. | ||||||
15 | (CC) Knowingly selling, offering for sale, holding for | ||||||
16 | sale, or using 2,000 or more counterfeit items or | ||||||
17 | counterfeit items having a retail value in the aggregate of | ||||||
18 | $500,000 or more. | ||||||
19 | (DD) A conviction for aggravated assault under | ||||||
20 | paragraph (6) of subsection (c) of Section 12-2 of the | ||||||
21 | Criminal Code of 1961 or the Criminal Code of 2012 if the | ||||||
22 | firearm is aimed toward the person against whom the firearm | ||||||
23 | is being used. | ||||||
24 | (EE) A conviction for a violation of paragraph (2) of | ||||||
25 | subsection (a) of Section 24-3B of the Criminal Code of | ||||||
26 | 2012. |
| |||||||
| |||||||
1 | (3) (Blank).
| ||||||
2 | (4) A minimum term of imprisonment of not less than 10
| ||||||
3 | consecutive days or 30 days of community service shall be | ||||||
4 | imposed for a
violation of paragraph (c) of Section 6-303 of | ||||||
5 | the Illinois Vehicle Code.
| ||||||
6 | (4.1) (Blank).
| ||||||
7 | (4.2) Except as provided in paragraphs (4.3) and (4.8) of | ||||||
8 | this subsection (c), a
minimum of
100 hours of community | ||||||
9 | service shall be imposed for a second violation of
Section | ||||||
10 | 6-303
of the Illinois Vehicle Code.
| ||||||
11 | (4.3) A minimum term of imprisonment of 30 days or 300 | ||||||
12 | hours of community
service, as determined by the court, shall
| ||||||
13 | be imposed for a second violation of subsection (c) of Section | ||||||
14 | 6-303 of the
Illinois Vehicle Code.
| ||||||
15 | (4.4) Except as provided in paragraphs
(4.5), (4.6), and | ||||||
16 | (4.9) of this
subsection (c), a
minimum term of imprisonment of | ||||||
17 | 30 days or 300 hours of community service, as
determined by the | ||||||
18 | court, shall
be imposed
for a third or subsequent violation of | ||||||
19 | Section 6-303 of the Illinois Vehicle
Code.
| ||||||
20 | (4.5) A minimum term of imprisonment of 30 days
shall be | ||||||
21 | imposed for a third violation of subsection (c) of
Section | ||||||
22 | 6-303 of the Illinois Vehicle Code.
| ||||||
23 | (4.6) Except as provided in paragraph (4.10) of this | ||||||
24 | subsection (c), a minimum term of imprisonment of 180 days | ||||||
25 | shall be imposed for a
fourth or subsequent violation of | ||||||
26 | subsection (c) of Section 6-303 of the
Illinois Vehicle Code.
|
| |||||||
| |||||||
1 | (4.7) A minimum term of imprisonment of not less than 30 | ||||||
2 | consecutive days, or 300 hours of community service, shall be | ||||||
3 | imposed for a violation of subsection (a-5) of Section 6-303 of | ||||||
4 | the Illinois Vehicle Code, as provided in subsection (b-5) of | ||||||
5 | that Section.
| ||||||
6 | (4.8) A mandatory prison sentence shall be imposed for a | ||||||
7 | second violation of subsection (a-5) of Section 6-303 of the | ||||||
8 | Illinois Vehicle Code, as provided in subsection (c-5) of that | ||||||
9 | Section. The person's driving privileges shall be revoked for a | ||||||
10 | period of not less than 5 years from the date of his or her | ||||||
11 | release from prison.
| ||||||
12 | (4.9) A mandatory prison sentence of not less than 4 and | ||||||
13 | not more than 15 years shall be imposed for a third violation | ||||||
14 | of subsection (a-5) of Section 6-303 of the Illinois Vehicle | ||||||
15 | Code, as provided in subsection (d-2.5) of that Section. The | ||||||
16 | person's driving privileges shall be revoked for the remainder | ||||||
17 | of his or her life.
| ||||||
18 | (4.10) A mandatory prison sentence for a Class 1 felony | ||||||
19 | shall be imposed, and the person shall be eligible for an | ||||||
20 | extended term sentence, for a fourth or subsequent violation of | ||||||
21 | subsection (a-5) of Section 6-303 of the Illinois Vehicle Code, | ||||||
22 | as provided in subsection (d-3.5) of that Section. The person's | ||||||
23 | driving privileges shall be revoked for the remainder of his or | ||||||
24 | her life.
| ||||||
25 | (5) The court may sentence a corporation or unincorporated
| ||||||
26 | association convicted of any offense to:
|
| |||||||
| |||||||
1 | (A) a period of conditional discharge;
| ||||||
2 | (B) a fine;
| ||||||
3 | (C) make restitution to the victim under Section 5-5-6 | ||||||
4 | of this Code.
| ||||||
5 | (5.1) In addition to any other penalties imposed, and | ||||||
6 | except as provided in paragraph (5.2) or (5.3), a person
| ||||||
7 | convicted of violating subsection (c) of Section 11-907 of the | ||||||
8 | Illinois
Vehicle Code shall have his or her driver's license, | ||||||
9 | permit, or privileges
suspended for at least 90 days but not | ||||||
10 | more than one year, if the violation
resulted in damage to the | ||||||
11 | property of another person.
| ||||||
12 | (5.2) In addition to any other penalties imposed, and | ||||||
13 | except as provided in paragraph (5.3), a person convicted
of | ||||||
14 | violating subsection (c) of Section 11-907 of the Illinois | ||||||
15 | Vehicle Code
shall have his or her driver's license, permit, or | ||||||
16 | privileges suspended for at
least 180 days but not more than 2 | ||||||
17 | years, if the violation resulted in injury
to
another person.
| ||||||
18 | (5.3) In addition to any other penalties imposed, a person | ||||||
19 | convicted of violating subsection (c) of Section
11-907 of the | ||||||
20 | Illinois Vehicle Code shall have his or her driver's license,
| ||||||
21 | permit, or privileges suspended for 2 years, if the violation | ||||||
22 | resulted in the
death of another person.
| ||||||
23 | (5.4) In addition to any other penalties imposed, a person | ||||||
24 | convicted of violating Section 3-707 of the Illinois Vehicle | ||||||
25 | Code shall have his or her driver's license, permit, or | ||||||
26 | privileges suspended for 3 months and until he or she has paid |
| |||||||
| |||||||
1 | a reinstatement fee of $100. | ||||||
2 | (5.5) In addition to any other penalties imposed, a person | ||||||
3 | convicted of violating Section 3-707 of the Illinois Vehicle | ||||||
4 | Code during a period in which his or her driver's license, | ||||||
5 | permit, or privileges were suspended for a previous violation | ||||||
6 | of that Section shall have his or her driver's license, permit, | ||||||
7 | or privileges suspended for an additional 6 months after the | ||||||
8 | expiration of the original 3-month suspension and until he or | ||||||
9 | she has paid a reinstatement fee of $100.
| ||||||
10 | (6) (Blank).
| ||||||
11 | (7) (Blank).
| ||||||
12 | (8) (Blank).
| ||||||
13 | (9) A defendant convicted of a second or subsequent offense | ||||||
14 | of ritualized
abuse of a child may be sentenced to a term of | ||||||
15 | natural life imprisonment.
| ||||||
16 | (10) (Blank).
| ||||||
17 | (11) The court shall impose a minimum fine of $1,000 for a | ||||||
18 | first offense
and $2,000 for a second or subsequent offense | ||||||
19 | upon a person convicted of or
placed on supervision for battery | ||||||
20 | when the individual harmed was a sports
official or coach at | ||||||
21 | any level of competition and the act causing harm to the
sports
| ||||||
22 | official or coach occurred within an athletic facility or | ||||||
23 | within the immediate vicinity
of the athletic facility at which | ||||||
24 | the sports official or coach was an active
participant
of the | ||||||
25 | athletic contest held at the athletic facility. For the | ||||||
26 | purposes of
this paragraph (11), "sports official" means a |
| |||||||
| |||||||
1 | person at an athletic contest
who enforces the rules of the | ||||||
2 | contest, such as an umpire or referee; "athletic facility" | ||||||
3 | means an indoor or outdoor playing field or recreational area | ||||||
4 | where sports activities are conducted;
and "coach" means a | ||||||
5 | person recognized as a coach by the sanctioning
authority that | ||||||
6 | conducted the sporting event. | ||||||
7 | (12) A person may not receive a disposition of court | ||||||
8 | supervision for a
violation of Section 5-16 of the Boat | ||||||
9 | Registration and Safety Act if that
person has previously | ||||||
10 | received a disposition of court supervision for a
violation of | ||||||
11 | that Section.
| ||||||
12 | (13) A person convicted of or placed on court supervision | ||||||
13 | for an assault or aggravated assault when the victim and the | ||||||
14 | offender are family or household members as defined in Section | ||||||
15 | 103 of the Illinois Domestic Violence Act of 1986 or convicted | ||||||
16 | of domestic battery or aggravated domestic battery may be | ||||||
17 | required to attend a Partner Abuse Intervention Program under | ||||||
18 | protocols set forth by the Illinois Department of Human | ||||||
19 | Services under such terms and conditions imposed by the court. | ||||||
20 | The costs of such classes shall be paid by the offender.
| ||||||
21 | (d) In any case in which a sentence originally imposed is | ||||||
22 | vacated,
the case shall be remanded to the trial court. The | ||||||
23 | trial court shall
hold a hearing under Section 5-4-1 of the | ||||||
24 | Unified Code of Corrections
which may include evidence of the | ||||||
25 | defendant's life, moral character and
occupation during the | ||||||
26 | time since the original sentence was passed. The
trial court |
| |||||||
| |||||||
1 | shall then impose sentence upon the defendant. The trial
court | ||||||
2 | may impose any sentence which could have been imposed at the
| ||||||
3 | original trial subject to Section 5-5-4 of the Unified Code of | ||||||
4 | Corrections.
If a sentence is vacated on appeal or on | ||||||
5 | collateral attack due to the
failure of the trier of fact at | ||||||
6 | trial to determine beyond a reasonable doubt
the
existence of a | ||||||
7 | fact (other than a prior conviction) necessary to increase the
| ||||||
8 | punishment for the offense beyond the statutory maximum | ||||||
9 | otherwise applicable,
either the defendant may be re-sentenced | ||||||
10 | to a term within the range otherwise
provided or, if the State | ||||||
11 | files notice of its intention to again seek the
extended | ||||||
12 | sentence, the defendant shall be afforded a new trial.
| ||||||
13 | (e) In cases where prosecution for
aggravated criminal | ||||||
14 | sexual abuse under Section 11-1.60 or 12-16 of the
Criminal | ||||||
15 | Code of 1961 or the Criminal Code of 2012 results in conviction | ||||||
16 | of a defendant
who was a family member of the victim at the | ||||||
17 | time of the commission of the
offense, the court shall consider | ||||||
18 | the safety and welfare of the victim and
may impose a sentence | ||||||
19 | of probation only where:
| ||||||
20 | (1) the court finds (A) or (B) or both are appropriate:
| ||||||
21 | (A) the defendant is willing to undergo a court | ||||||
22 | approved counseling
program for a minimum duration of 2 | ||||||
23 | years; or
| ||||||
24 | (B) the defendant is willing to participate in a | ||||||
25 | court approved plan
including but not limited to the | ||||||
26 | defendant's:
|
| |||||||
| |||||||
1 | (i) removal from the household;
| ||||||
2 | (ii) restricted contact with the victim;
| ||||||
3 | (iii) continued financial support of the | ||||||
4 | family;
| ||||||
5 | (iv) restitution for harm done to the victim; | ||||||
6 | and
| ||||||
7 | (v) compliance with any other measures that | ||||||
8 | the court may
deem appropriate; and
| ||||||
9 | (2) the court orders the defendant to pay for the | ||||||
10 | victim's counseling
services, to the extent that the court | ||||||
11 | finds, after considering the
defendant's income and | ||||||
12 | assets, that the defendant is financially capable of
paying | ||||||
13 | for such services, if the victim was under 18 years of age | ||||||
14 | at the
time the offense was committed and requires | ||||||
15 | counseling as a result of the
offense.
| ||||||
16 | Probation may be revoked or modified pursuant to Section | ||||||
17 | 5-6-4; except
where the court determines at the hearing that | ||||||
18 | the defendant violated a
condition of his or her probation | ||||||
19 | restricting contact with the victim or
other family members or | ||||||
20 | commits another offense with the victim or other
family | ||||||
21 | members, the court shall revoke the defendant's probation and
| ||||||
22 | impose a term of imprisonment.
| ||||||
23 | For the purposes of this Section, "family member" and | ||||||
24 | "victim" shall have
the meanings ascribed to them in Section | ||||||
25 | 11-0.1 of the Criminal Code of
2012.
| ||||||
26 | (f) (Blank).
|
| |||||||
| |||||||
1 | (g) Whenever a defendant is convicted of an offense under | ||||||
2 | Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60,
11-14, | ||||||
3 | 11-14.3, 11-14.4 except for an offense that involves keeping a | ||||||
4 | place of juvenile prostitution, 11-15, 11-15.1, 11-16, 11-17, | ||||||
5 | 11-18, 11-18.1, 11-19, 11-19.1, 11-19.2,
12-13, 12-14, | ||||||
6 | 12-14.1, 12-15 or 12-16 of the Criminal Code of 1961 or the | ||||||
7 | Criminal Code of 2012,
the defendant shall undergo medical | ||||||
8 | testing to
determine whether the defendant has any sexually | ||||||
9 | transmissible disease,
including a test for infection with | ||||||
10 | human immunodeficiency virus (HIV) or
any other identified | ||||||
11 | causative agent of acquired immunodeficiency syndrome
(AIDS). | ||||||
12 | Any such medical test shall be performed only by appropriately
| ||||||
13 | licensed medical practitioners and may include an analysis of | ||||||
14 | any bodily
fluids as well as an examination of the defendant's | ||||||
15 | person.
Except as otherwise provided by law, the results of | ||||||
16 | such test shall be kept
strictly confidential by all medical | ||||||
17 | personnel involved in the testing and must
be personally | ||||||
18 | delivered in a sealed envelope to the judge of the court in | ||||||
19 | which
the conviction was entered for the judge's inspection in | ||||||
20 | camera. Acting in
accordance with the best interests of the | ||||||
21 | victim and the public, the judge
shall have the discretion to | ||||||
22 | determine to whom, if anyone, the results of the
testing may be | ||||||
23 | revealed. The court shall notify the defendant
of the test | ||||||
24 | results. The court shall
also notify the victim if requested by | ||||||
25 | the victim, and if the victim is under
the age of 15 and if | ||||||
26 | requested by the victim's parents or legal guardian, the
court |
| |||||||
| |||||||
1 | shall notify the victim's parents or legal guardian of the test
| ||||||
2 | results.
The court shall provide information on the | ||||||
3 | availability of HIV testing
and counseling at Department of | ||||||
4 | Public Health facilities to all parties to
whom the results of | ||||||
5 | the testing are revealed and shall direct the State's
Attorney | ||||||
6 | to provide the information to the victim when possible.
A | ||||||
7 | State's Attorney may petition the court to obtain the results | ||||||
8 | of any HIV test
administered under this Section, and the court | ||||||
9 | shall grant the disclosure if
the State's Attorney shows it is | ||||||
10 | relevant in order to prosecute a charge of
criminal | ||||||
11 | transmission of HIV under Section 12-5.01 or 12-16.2 of the | ||||||
12 | Criminal Code of 1961 or the Criminal Code of 2012
against the | ||||||
13 | defendant. The court shall order that the cost of any such test
| ||||||
14 | shall be paid by the county and may be taxed as costs against | ||||||
15 | the convicted
defendant.
| ||||||
16 | (g-5) When an inmate is tested for an airborne communicable | ||||||
17 | disease, as
determined by the Illinois Department of Public | ||||||
18 | Health including but not
limited to tuberculosis, the results | ||||||
19 | of the test shall be
personally delivered by the warden or his | ||||||
20 | or her designee in a sealed envelope
to the judge of the court | ||||||
21 | in which the inmate must appear for the judge's
inspection in | ||||||
22 | camera if requested by the judge. Acting in accordance with the
| ||||||
23 | best interests of those in the courtroom, the judge shall have | ||||||
24 | the discretion
to determine what if any precautions need to be | ||||||
25 | taken to prevent transmission
of the disease in the courtroom.
| ||||||
26 | (h) Whenever a defendant is convicted of an offense under |
| |||||||
| |||||||
1 | Section 1 or 2
of the Hypodermic Syringes and Needles Act, the | ||||||
2 | defendant shall undergo
medical testing to determine whether | ||||||
3 | the defendant has been exposed to human
immunodeficiency virus | ||||||
4 | (HIV) or any other identified causative agent of
acquired | ||||||
5 | immunodeficiency syndrome (AIDS). Except as otherwise provided | ||||||
6 | by
law, the results of such test shall be kept strictly | ||||||
7 | confidential by all
medical personnel involved in the testing | ||||||
8 | and must be personally delivered in a
sealed envelope to the | ||||||
9 | judge of the court in which the conviction was entered
for the | ||||||
10 | judge's inspection in camera. Acting in accordance with the | ||||||
11 | best
interests of the public, the judge shall have the | ||||||
12 | discretion to determine to
whom, if anyone, the results of the | ||||||
13 | testing may be revealed. The court shall
notify the defendant | ||||||
14 | of a positive test showing an infection with the human
| ||||||
15 | immunodeficiency virus (HIV). The court shall provide | ||||||
16 | information on the
availability of HIV testing and counseling | ||||||
17 | at Department of Public Health
facilities to all parties to | ||||||
18 | whom the results of the testing are revealed and
shall direct | ||||||
19 | the State's Attorney to provide the information to the victim | ||||||
20 | when
possible. A State's Attorney may petition the court to | ||||||
21 | obtain the results of
any HIV test administered under this | ||||||
22 | Section, and the court shall grant the
disclosure if the | ||||||
23 | State's Attorney shows it is relevant in order to prosecute a
| ||||||
24 | charge of criminal transmission of HIV under Section 12-5.01 or | ||||||
25 | 12-16.2 of the Criminal
Code of 1961 or the Criminal Code of | ||||||
26 | 2012 against the defendant. The court shall order that the cost |
| |||||||
| |||||||
1 | of any
such test shall be paid by the county and may be taxed as | ||||||
2 | costs 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 Section 27.5 | ||||||
9 | of the Clerks of Courts Act.
| ||||||
10 | (j) In cases when prosecution for any violation of Section | ||||||
11 | 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-8,
11-9, | ||||||
12 | 11-11, 11-14, 11-14.3, 11-14.4, 11-15, 11-15.1, 11-16, 11-17, | ||||||
13 | 11-17.1, 11-18, 11-18.1,
11-19, 11-19.1, 11-19.2, 11-20.1, | ||||||
14 | 11-20.1B, 11-20.3, 11-21, 11-30, 11-40, 12-13, 12-14, 12-14.1, | ||||||
15 | 12-15, or
12-16 of the
Criminal Code of 1961 or the Criminal | ||||||
16 | Code of 2012, any violation of the Illinois Controlled | ||||||
17 | Substances Act,
any violation of the Cannabis Control Act, or | ||||||
18 | any violation of the Methamphetamine Control and Community | ||||||
19 | Protection Act results in conviction, a
disposition of court | ||||||
20 | supervision, or an order of probation granted under
Section 10 | ||||||
21 | of the Cannabis Control Act, Section 410 of the Illinois
| ||||||
22 | Controlled Substances Act, or Section 70 of the Methamphetamine | ||||||
23 | Control and Community Protection Act of a defendant, the court | ||||||
24 | shall determine whether the
defendant is employed by a facility | ||||||
25 | or center as defined under the Child Care
Act of 1969, a public | ||||||
26 | or private elementary or secondary school, or otherwise
works |
| |||||||
| |||||||
1 | with children under 18 years of age on a daily basis. When a | ||||||
2 | defendant
is so employed, the court shall order the Clerk of | ||||||
3 | the Court to send a copy of
the judgment of conviction or order | ||||||
4 | of supervision or probation to the
defendant's employer by | ||||||
5 | certified mail.
If the employer of the defendant is a school, | ||||||
6 | the Clerk of the Court shall
direct the mailing of a copy of | ||||||
7 | the judgment of conviction or order of
supervision or probation | ||||||
8 | to the appropriate regional superintendent of schools.
The | ||||||
9 | regional superintendent of schools shall notify the State Board | ||||||
10 | of
Education of any notification under this subsection.
| ||||||
11 | (j-5) A defendant at least 17 years of age who is convicted | ||||||
12 | of a felony and
who has not been previously convicted of a | ||||||
13 | misdemeanor or felony and who is
sentenced to a term of | ||||||
14 | imprisonment in the Illinois Department of Corrections
shall as | ||||||
15 | a condition of his or her sentence be required by the court to | ||||||
16 | attend
educational courses designed to prepare the defendant | ||||||
17 | for a high school diploma
and to work toward a high school | ||||||
18 | diploma or to work toward passing high school equivalency | ||||||
19 | testing or to work toward
completing a vocational training | ||||||
20 | program offered by the Department of
Corrections. If a | ||||||
21 | defendant fails to complete the educational training
required | ||||||
22 | by his or her sentence during the term of incarceration, the | ||||||
23 | Prisoner
Review Board shall, as a condition of mandatory | ||||||
24 | supervised release, require the
defendant, at his or her own | ||||||
25 | expense, to pursue a course of study toward a high
school | ||||||
26 | diploma or passage of high school equivalency testing. The |
| |||||||
| |||||||
1 | Prisoner Review Board shall
revoke the mandatory supervised | ||||||
2 | release of a defendant who wilfully fails to
comply with this | ||||||
3 | subsection (j-5) upon his or her release from confinement in a
| ||||||
4 | penal institution while serving a mandatory supervised release | ||||||
5 | term; however,
the inability of the defendant after making a | ||||||
6 | good faith effort to obtain
financial aid or pay for the | ||||||
7 | educational training shall not be deemed a wilful
failure to | ||||||
8 | comply. The Prisoner Review Board shall recommit the defendant
| ||||||
9 | whose mandatory supervised release term has been revoked under | ||||||
10 | this subsection
(j-5) as provided in Section 3-3-9. This | ||||||
11 | subsection (j-5) does not apply to a
defendant who has a high | ||||||
12 | school diploma or has successfully passed high school | ||||||
13 | equivalency testing. This subsection (j-5) does not apply to a | ||||||
14 | defendant who is determined by
the court to be a person with a | ||||||
15 | developmental disability or otherwise mentally incapable of
| ||||||
16 | completing the educational or vocational program.
| ||||||
17 | (k) (Blank).
| ||||||
18 | (l) (A) Except as provided
in paragraph (C) of subsection | ||||||
19 | (l), whenever a defendant,
who is an alien as defined by the | ||||||
20 | Immigration and Nationality Act, is convicted
of any felony or | ||||||
21 | misdemeanor offense, the court after sentencing the defendant
| ||||||
22 | may, upon motion of the State's Attorney, hold sentence in | ||||||
23 | abeyance and remand
the defendant to the custody of the | ||||||
24 | Attorney General of
the United States or his or her designated | ||||||
25 | agent to be deported when:
| ||||||
26 | (1) a final order of deportation has been issued |
| |||||||
| |||||||
1 | against the defendant
pursuant to proceedings under the | ||||||
2 | Immigration and Nationality Act, and
| ||||||
3 | (2) the deportation of the defendant would not | ||||||
4 | deprecate the seriousness
of the defendant's conduct and | ||||||
5 | would not be inconsistent with the ends of
justice.
| ||||||
6 | Otherwise, the defendant shall be sentenced as provided in | ||||||
7 | this Chapter V.
| ||||||
8 | (B) If the defendant has already been sentenced for a | ||||||
9 | felony or
misdemeanor
offense, or has been placed on probation | ||||||
10 | under Section 10 of the Cannabis
Control Act,
Section 410 of | ||||||
11 | the Illinois Controlled Substances Act, or Section 70 of the | ||||||
12 | Methamphetamine Control and Community Protection Act, the | ||||||
13 | court
may, upon motion of the State's Attorney to suspend the
| ||||||
14 | sentence imposed, commit the defendant to the custody of the | ||||||
15 | Attorney General
of the United States or his or her designated | ||||||
16 | agent when:
| ||||||
17 | (1) a final order of deportation has been issued | ||||||
18 | against the defendant
pursuant to proceedings under the | ||||||
19 | Immigration and Nationality Act, and
| ||||||
20 | (2) the deportation of the defendant would not | ||||||
21 | deprecate the seriousness
of the defendant's conduct and | ||||||
22 | would not be inconsistent with the ends of
justice.
| ||||||
23 | (C) This subsection (l) does not apply to offenders who are | ||||||
24 | subject to the
provisions of paragraph (2) of subsection (a) of | ||||||
25 | Section 3-6-3.
| ||||||
26 | (D) Upon motion of the State's Attorney, if a defendant |
| |||||||
| |||||||
1 | sentenced under
this Section returns to the jurisdiction of the | ||||||
2 | United States, the defendant
shall be recommitted to the | ||||||
3 | custody of the county from which he or she was
sentenced.
| ||||||
4 | Thereafter, the defendant shall be brought before the | ||||||
5 | sentencing court, which
may impose any sentence that was | ||||||
6 | available under Section 5-5-3 at the time of
initial | ||||||
7 | sentencing. In addition, the defendant shall not be eligible | ||||||
8 | for
additional earned sentence credit as provided under
Section | ||||||
9 | 3-6-3.
| ||||||
10 | (m) A person convicted of criminal defacement of property | ||||||
11 | under Section
21-1.3 of the Criminal Code of 1961 or the | ||||||
12 | Criminal Code of 2012, in which the property damage exceeds | ||||||
13 | $300
and the property damaged is a school building, shall be | ||||||
14 | ordered to perform
community service that may include cleanup, | ||||||
15 | removal, or painting over the
defacement.
| ||||||
16 | (n) The court may sentence a person convicted of a | ||||||
17 | violation of Section
12-19, 12-21, 16-1.3, or 17-56, or | ||||||
18 | subsection (a) or (b) of Section 12-4.4a, of the Criminal Code | ||||||
19 | of 1961 or the Criminal Code of 2012 (i) to an impact
| ||||||
20 | incarceration program if the person is otherwise eligible for | ||||||
21 | that program
under Section 5-8-1.1, (ii) to community service, | ||||||
22 | or (iii) if the person is an
addict or alcoholic, as defined in | ||||||
23 | the Alcoholism and Other Drug Abuse and
Dependency Act, to a | ||||||
24 | substance or alcohol abuse program licensed under that
Act. | ||||||
25 | (o) Whenever a person is convicted of a sex offense as | ||||||
26 | defined in Section 2 of the Sex Offender Registration Act, the |
| |||||||
| |||||||
1 | defendant's driver's license or permit shall be subject to | ||||||
2 | renewal on an annual basis in accordance with the provisions of | ||||||
3 | license renewal established by the Secretary of State.
| ||||||
4 | (Source: P.A. 98-718, eff. 1-1-15; 98-756, eff. 7-16-14; | ||||||
5 | 99-143, eff. 7-27-15; 99-885, eff. 8-23-16; 99-938, eff. | ||||||
6 | 1-1-18.)
| ||||||
7 | (730 ILCS 5/5-6-1) (from Ch. 38, par. 1005-6-1)
| ||||||
8 | Sec. 5-6-1. Sentences of Probation and of Conditional
| ||||||
9 | Discharge and Disposition of Supervision.
The General Assembly | ||||||
10 | finds that in order to protect the public, the
criminal justice | ||||||
11 | system must compel compliance with the conditions of probation
| ||||||
12 | by responding to violations with swift, certain and fair | ||||||
13 | punishments and
intermediate sanctions. The Chief Judge of each | ||||||
14 | circuit shall adopt a system of
structured, intermediate | ||||||
15 | sanctions for violations of the terms and conditions
of a | ||||||
16 | sentence of probation, conditional discharge or disposition of
| ||||||
17 | supervision.
| ||||||
18 | (a) Except where specifically prohibited by other
| ||||||
19 | provisions of this Code, the court shall impose a sentence
of | ||||||
20 | probation or conditional discharge upon an offender
unless, | ||||||
21 | having regard to the nature and circumstance of
the offense, | ||||||
22 | and to the history, character and condition
of the offender, | ||||||
23 | the court is of the opinion that:
| ||||||
24 | (1) his imprisonment or periodic imprisonment is | ||||||
25 | necessary
for the protection of the public; or
|
| |||||||
| |||||||
1 | (2) probation or conditional discharge would deprecate
| ||||||
2 | the seriousness of the offender's conduct and would be
| ||||||
3 | inconsistent with the ends of justice; or
| ||||||
4 | (3) a combination of imprisonment with concurrent or | ||||||
5 | consecutive probation when an offender has been admitted | ||||||
6 | into a drug court program under Section 20 of the Drug | ||||||
7 | Court Treatment Act is necessary for the protection of the | ||||||
8 | public and for the rehabilitation of the offender.
| ||||||
9 | The court shall impose as a condition of a sentence of | ||||||
10 | probation,
conditional discharge, or supervision, that the | ||||||
11 | probation agency may invoke any
sanction from the list of | ||||||
12 | intermediate sanctions adopted by the chief judge of
the | ||||||
13 | circuit court for violations of the terms and conditions of the | ||||||
14 | sentence of
probation, conditional discharge, or supervision, | ||||||
15 | subject to the provisions of
Section 5-6-4 of this Act.
| ||||||
16 | (b) The court may impose a sentence of conditional
| ||||||
17 | discharge for an offense if the court is of the opinion
that | ||||||
18 | neither a sentence of imprisonment nor of periodic
imprisonment | ||||||
19 | nor of probation supervision is appropriate.
| ||||||
20 | (b-1) Subsections (a) and (b) of this Section do not apply | ||||||
21 | to a defendant charged with a misdemeanor or felony under the | ||||||
22 | Illinois Vehicle Code or reckless homicide under Section 9-3 of | ||||||
23 | the Criminal Code of 1961 or the Criminal Code of 2012 if the | ||||||
24 | defendant within the past 12 months has been convicted of or | ||||||
25 | pleaded guilty to a misdemeanor or felony under the Illinois | ||||||
26 | Vehicle Code or reckless homicide under Section 9-3 of the |
| |||||||
| |||||||
1 | Criminal Code of 1961 or the Criminal Code of 2012. | ||||||
2 | (c) The court may, upon a plea of guilty or a stipulation
| ||||||
3 | by the defendant of the facts supporting the charge or a
| ||||||
4 | finding of guilt, defer further proceedings and the
imposition | ||||||
5 | of a sentence, and enter an order for supervision of the | ||||||
6 | defendant,
if the defendant is not charged with: (i) a Class A | ||||||
7 | misdemeanor, as
defined by the following provisions of the | ||||||
8 | Criminal Code of 1961 or the Criminal Code of 2012: Sections
| ||||||
9 | 11-9.1; 12-3.2; 11-1.50 or 12-15; 26-5 or 48-1; 31-1; 31-6; | ||||||
10 | 31-7; paragraphs (2) and (3) of subsection (a) of Section
21-1;
| ||||||
11 | paragraph (1) through (5), (8), (10), and (11) of subsection | ||||||
12 | (a) of Section
24-1; (ii) a Class A misdemeanor violation of | ||||||
13 | Section
3.01,
3.03-1, or 4.01 of the Humane Care
for Animals | ||||||
14 | Act; or (iii)
a felony.
If the defendant
is not barred from | ||||||
15 | receiving an order for supervision as provided in this
| ||||||
16 | subsection, the court may enter an order for supervision after | ||||||
17 | considering the
circumstances of the offense, and the history,
| ||||||
18 | character and condition of the offender, if the court is of the | ||||||
19 | opinion
that:
| ||||||
20 | (1) the offender is not likely to commit further | ||||||
21 | crimes;
| ||||||
22 | (2) the defendant and the public would be best served | ||||||
23 | if the
defendant were not to receive a criminal record; and
| ||||||
24 | (3) in the best interests of justice an order of | ||||||
25 | supervision
is more appropriate than a sentence otherwise | ||||||
26 | permitted under this Code.
|
| |||||||
| |||||||
1 | (c-5) Subsections (a), (b), and (c) of this Section do not | ||||||
2 | apply to a defendant charged with a second or subsequent | ||||||
3 | violation of Section 6-303 of the Illinois Vehicle Code | ||||||
4 | committed while his or her driver's license, permit or | ||||||
5 | privileges were revoked because of a violation of Section 9-3 | ||||||
6 | of the Criminal Code of 1961 or the Criminal Code of 2012, | ||||||
7 | relating to the offense of reckless homicide, or a similar | ||||||
8 | provision of a law of another state.
| ||||||
9 | (d) The provisions of paragraph (c) shall not apply to a | ||||||
10 | defendant charged
with violating Section 11-501 of the Illinois | ||||||
11 | Vehicle Code or a similar
provision of a local
ordinance when | ||||||
12 | the defendant has previously been:
| ||||||
13 | (1) convicted for a violation of Section 11-501 of
the | ||||||
14 | Illinois Vehicle
Code or a similar provision of a
local | ||||||
15 | ordinance or any similar law or ordinance of another state; | ||||||
16 | or
| ||||||
17 | (2) assigned supervision for a violation of Section | ||||||
18 | 11-501 of the Illinois
Vehicle Code or a similar provision | ||||||
19 | of a local ordinance or any similar law
or ordinance of | ||||||
20 | another state; or
| ||||||
21 | (3) pleaded guilty to or stipulated to the facts | ||||||
22 | supporting
a charge or a finding of guilty to a violation | ||||||
23 | of Section 11-503 of the
Illinois Vehicle Code or a similar | ||||||
24 | provision of a local ordinance or any
similar law or | ||||||
25 | ordinance of another state, and the
plea or stipulation was | ||||||
26 | the result of a plea agreement.
|
| |||||||
| |||||||
1 | The court shall consider the statement of the prosecuting
| ||||||
2 | authority with regard to the standards set forth in this | ||||||
3 | Section.
| ||||||
4 | (e) The provisions of paragraph (c) shall not apply to a | ||||||
5 | defendant
charged with violating Section 16-25 or 16A-3 of the | ||||||
6 | Criminal Code of 1961 or the Criminal Code of 2012 if said
| ||||||
7 | defendant has within the last 5 years been:
| ||||||
8 | (1) convicted for a violation of Section 16-25 or 16A-3 | ||||||
9 | of the Criminal Code of
1961 or the Criminal Code of 2012; | ||||||
10 | or
| ||||||
11 | (2) assigned supervision for a violation of Section | ||||||
12 | 16-25 or 16A-3 of the Criminal
Code of 1961 or the Criminal | ||||||
13 | Code of 2012.
| ||||||
14 | The court shall consider the statement of the prosecuting | ||||||
15 | authority with
regard to the standards set forth in this | ||||||
16 | Section.
| ||||||
17 | (f) The provisions of paragraph (c) shall not apply to a | ||||||
18 | defendant
charged with violating Sections 15-111, 15-112, | ||||||
19 | 15-301, paragraph (b)
of Section 6-104, Section 11-605, | ||||||
20 | paragraph (d-5) of Section 11-605.1, Section 11-1002.5, or | ||||||
21 | Section 11-1414
of the Illinois Vehicle Code or a similar | ||||||
22 | provision of a local ordinance.
| ||||||
23 | (g) Except as otherwise provided in paragraph (i) of this | ||||||
24 | Section, the
provisions of paragraph (c) shall not apply to a
| ||||||
25 | defendant charged with violating Section
3-707, 3-708, 3-710, | ||||||
26 | or 5-401.3
of the Illinois Vehicle Code or a similar provision |
| |||||||
| |||||||
1 | of a local ordinance if the
defendant has within the last 5 | ||||||
2 | years been:
| ||||||
3 | (1) convicted for a violation of Section 3-707, 3-708, | ||||||
4 | 3-710, or 5-401.3
of the Illinois Vehicle Code or a similar | ||||||
5 | provision of a local
ordinance; or
| ||||||
6 | (2) assigned supervision for a violation of Section | ||||||
7 | 3-707, 3-708, 3-710,
or 5-401.3 of the Illinois Vehicle | ||||||
8 | Code or a similar provision of a local
ordinance.
| ||||||
9 | The court shall consider the statement of the prosecuting | ||||||
10 | authority with
regard to the standards set forth in this | ||||||
11 | Section.
| ||||||
12 | (h) The provisions of paragraph (c) shall not apply to a | ||||||
13 | defendant under
the age of 21 years charged with violating a | ||||||
14 | serious traffic offense as defined
in Section 1-187.001 of the | ||||||
15 | Illinois Vehicle Code:
| ||||||
16 | (1) unless the defendant, upon payment of the fines, | ||||||
17 | penalties, and costs
provided by law, agrees to attend and | ||||||
18 | successfully complete a traffic safety
program approved by | ||||||
19 | the court under standards set by the Conference of Chief
| ||||||
20 | Circuit Judges. The accused shall be responsible for | ||||||
21 | payment of any traffic
safety program fees. If the accused | ||||||
22 | fails to file a certificate of
successful completion on or | ||||||
23 | before the termination date of the supervision
order, the | ||||||
24 | supervision shall be summarily revoked and conviction | ||||||
25 | entered. The
provisions of Supreme Court Rule 402 relating | ||||||
26 | to pleas of guilty do not apply
in cases when a defendant |
| |||||||
| |||||||
1 | enters a guilty plea under this provision; or
| ||||||
2 | (2) if the defendant has previously been sentenced | ||||||
3 | under the provisions of
paragraph (c) on or after January | ||||||
4 | 1, 1998 for any serious traffic offense as
defined in | ||||||
5 | Section 1-187.001 of the Illinois Vehicle Code.
| ||||||
6 | (h-1) The provisions of paragraph (c) shall not apply to a | ||||||
7 | defendant under the age of 21 years charged with an offense | ||||||
8 | against traffic regulations governing the movement of vehicles | ||||||
9 | or any violation of Section 6-107 or Section 12-603.1 of the | ||||||
10 | Illinois Vehicle Code, unless the defendant, upon payment of | ||||||
11 | the fines, penalties, and costs provided by law, agrees to | ||||||
12 | attend and successfully complete a traffic safety program | ||||||
13 | approved by the court under standards set by the Conference of | ||||||
14 | Chief Circuit Judges. The accused shall be responsible for | ||||||
15 | payment of any traffic safety program fees. If the accused | ||||||
16 | fails to file a certificate of successful completion on or | ||||||
17 | before the termination date of the supervision order, the | ||||||
18 | supervision shall be summarily revoked and conviction entered. | ||||||
19 | The provisions of Supreme Court Rule 402 relating to pleas of | ||||||
20 | guilty do not apply in cases when a defendant enters a guilty | ||||||
21 | plea under this provision.
| ||||||
22 | (i) The provisions of paragraph (c) shall not apply to a | ||||||
23 | defendant charged
with violating Section 3-707 of the Illinois | ||||||
24 | Vehicle Code or a similar
provision of a local ordinance if the | ||||||
25 | defendant has been assigned supervision
for a violation of | ||||||
26 | Section 3-707 of the Illinois Vehicle Code or a similar
|
| |||||||
| |||||||
1 | provision of a local ordinance.
| ||||||
2 | (j) The provisions of paragraph (c) shall not apply to a
| ||||||
3 | defendant charged with violating
Section 6-303 of the Illinois | ||||||
4 | Vehicle Code or a similar provision of
a local ordinance when | ||||||
5 | the revocation or suspension was for a violation of
Section | ||||||
6 | 11-501 or a similar provision of a local ordinance or a | ||||||
7 | violation of
Section 11-501.1 or paragraph (b) of Section | ||||||
8 | 11-401 of the Illinois Vehicle
Code if the
defendant has within | ||||||
9 | the last 10 years been:
| ||||||
10 | (1) convicted for a violation of Section 6-303 of the | ||||||
11 | Illinois Vehicle
Code or a similar provision of a local | ||||||
12 | ordinance; or
| ||||||
13 | (2) assigned supervision for a violation of Section | ||||||
14 | 6-303 of the Illinois
Vehicle Code or a similar provision | ||||||
15 | of a local ordinance. | ||||||
16 | (k) The provisions of paragraph (c) shall not apply to a
| ||||||
17 | defendant charged with violating
any provision of the Illinois | ||||||
18 | Vehicle Code or a similar provision of a local ordinance that | ||||||
19 | governs the movement of vehicles if, within the 12 months | ||||||
20 | preceding the date of the defendant's arrest, the defendant has | ||||||
21 | been assigned court supervision on 2 occasions for a violation | ||||||
22 | that governs the movement of vehicles under the Illinois | ||||||
23 | Vehicle Code or a similar provision of a local ordinance.
The | ||||||
24 | provisions of this paragraph (k) do not apply to a defendant | ||||||
25 | charged with violating Section 11-501 of the Illinois Vehicle | ||||||
26 | Code or a similar provision of a local ordinance.
|
| |||||||
| |||||||
1 | (l) A defendant charged with violating any provision of the | ||||||
2 | Illinois Vehicle Code or a similar provision of a local | ||||||
3 | ordinance who receives a disposition of supervision under | ||||||
4 | subsection (c) shall pay an additional fee of $29, to be | ||||||
5 | collected as provided in Sections 27.5 and 27.6 of the Clerks | ||||||
6 | of Courts Act. In addition to the $29 fee, the person shall | ||||||
7 | also pay a fee of $6, which, if not waived by the court, shall | ||||||
8 | be collected as provided in Sections 27.5 and 27.6 of the | ||||||
9 | Clerks of Courts Act. The $29 fee shall be disbursed as | ||||||
10 | provided in Section 16-104c of the Illinois Vehicle Code. If | ||||||
11 | the $6 fee is collected, $5.50 of the fee shall be deposited | ||||||
12 | into the Circuit Court Clerk Operation and Administrative Fund | ||||||
13 | created by the Clerk of the Circuit Court and 50 cents of the | ||||||
14 | fee shall be deposited into the Prisoner Review Board Vehicle | ||||||
15 | and Equipment Fund in the State treasury.
| ||||||
16 | (m) Any person convicted of, pleading guilty to, or placed | ||||||
17 | on supervision for a serious traffic violation, as defined in | ||||||
18 | Section 1-187.001 of the Illinois Vehicle Code, a violation of | ||||||
19 | Section 11-501 of the Illinois Vehicle Code, or a violation of | ||||||
20 | a similar provision of a local ordinance shall pay an | ||||||
21 | additional fee of $35, to be disbursed as provided in Section | ||||||
22 | 16-104d of that Code. | ||||||
23 | This subsection (m) becomes inoperative on January 1, 2020.
| ||||||
24 | (n)
The provisions of paragraph (c) shall not apply to any | ||||||
25 | person under the age of 18 who commits an offense against | ||||||
26 | traffic regulations governing the movement of vehicles or any |
| |||||||
| |||||||
1 | violation of Section 6-107 or Section 12-603.1 of the Illinois | ||||||
2 | Vehicle Code, except upon personal appearance of the defendant | ||||||
3 | in court and upon the written consent of the defendant's parent | ||||||
4 | or legal guardian, executed before the presiding judge. The | ||||||
5 | presiding judge shall have the authority to waive this | ||||||
6 | requirement upon the showing of good cause by the defendant.
| ||||||
7 | (o)
The provisions of paragraph (c) shall not apply to a | ||||||
8 | defendant charged with violating Section 6-303 of the Illinois | ||||||
9 | Vehicle Code or a similar provision of a local ordinance when | ||||||
10 | the suspension was for a violation of Section 11-501.1 of the | ||||||
11 | Illinois Vehicle Code and when: | ||||||
12 | (1) at the time of the violation of Section 11-501.1 of | ||||||
13 | the Illinois Vehicle Code, the defendant was a first | ||||||
14 | offender pursuant to Section 11-500 of the Illinois Vehicle | ||||||
15 | Code and the defendant failed to obtain a monitoring device | ||||||
16 | driving permit; or | ||||||
17 | (2) at the time of the violation of Section 11-501.1 of | ||||||
18 | the Illinois Vehicle Code, the defendant was a first | ||||||
19 | offender pursuant to Section 11-500 of the Illinois Vehicle | ||||||
20 | Code, had subsequently obtained a monitoring device | ||||||
21 | driving permit, but was driving a vehicle not equipped with | ||||||
22 | a breath alcohol ignition interlock device as defined in | ||||||
23 | Section 1-129.1 of the Illinois Vehicle Code.
| ||||||
24 | (p) The provisions of paragraph (c) shall not apply to a | ||||||
25 | defendant charged with violating Section 11-601.5 of the | ||||||
26 | Illinois Vehicle Code or a similar provision of a local |
| |||||||
| |||||||
1 | ordinance when the defendant has previously been: | ||||||
2 | (1) convicted for a violation of Section 11-601.5 of | ||||||
3 | the Illinois Vehicle Code or a similar provision of a local | ||||||
4 | ordinance or any similar law or ordinance of another state; | ||||||
5 | or | ||||||
6 | (2) assigned supervision for a violation of Section | ||||||
7 | 11-601.5 of the Illinois Vehicle Code or a similar | ||||||
8 | provision of a local ordinance or any similar law or | ||||||
9 | ordinance of another state. | ||||||
10 | (q) The provisions of paragraph (c) shall not apply to a | ||||||
11 | defendant charged with violating subsection (b) of Section | ||||||
12 | 11-601 or Section 11-601.5 of the Illinois Vehicle Code when | ||||||
13 | the defendant was operating a vehicle, in an urban district, at | ||||||
14 | a speed that is 26 miles per hour or more in excess of the | ||||||
15 | applicable maximum speed limit established under Chapter 11 of | ||||||
16 | the Illinois Vehicle Code. | ||||||
17 | (r) The provisions of paragraph (c) shall not apply to a | ||||||
18 | defendant charged with violating any provision of the Illinois | ||||||
19 | Vehicle Code or a similar provision of a local ordinance if the | ||||||
20 | violation was the proximate cause of the death of another and | ||||||
21 | the defendant's driving abstract contains a prior conviction or | ||||||
22 | disposition of court supervision for any violation of the | ||||||
23 | Illinois Vehicle Code, other than an equipment violation, or a | ||||||
24 | suspension, revocation, or cancellation of the driver's | ||||||
25 | license. | ||||||
26 | (s) The provisions of paragraph (c) shall not apply to a |
| |||||||
| |||||||
1 | defendant charged
with violating subsection (i) of Section 70 | ||||||
2 | of the Firearm Concealed Carry Act. | ||||||
3 | (t)(1) The court may impose a sentence of probation or | ||||||
4 | conditional
discharge upon an offender who has been convicted | ||||||
5 | of a violation of Section 24-1, 24-1.1, 24-1.6, or 24-1.8 of | ||||||
6 | the Criminal Code of 2012 for which a sentence of imprisonment | ||||||
7 | is otherwise required by law if he or she has not previously | ||||||
8 | been convicted of, placed on probation or conditional discharge | ||||||
9 | for, or received a discharge or dismissal under Section | ||||||
10 | 5-6-3.3-5 of this Code for any of those offenses under the laws | ||||||
11 | of this State, the laws of any other state, or the laws of the | ||||||
12 | United States and who based upon the utilization of the | ||||||
13 | statewide, standardized risk assessment tool described in | ||||||
14 | Section 10 of the Illinois Crime Reduction Act of 2009 would | ||||||
15 | benefit from the program described in this subsection (t). In | ||||||
16 | addition to any other conditions imposed by the court, the | ||||||
17 | conditions of the sentence of probation or conditional | ||||||
18 | discharge under this subsection (t) are that the offender: | ||||||
19 | (A) not violate any criminal statute of this State or
| ||||||
20 | any other jurisdiction; | ||||||
21 | (B) refrain from possessing a firearm or other
| ||||||
22 | dangerous weapon; | ||||||
23 | (C) perform not less than 30
hours of community service | ||||||
24 | that would benefit persons with gunshot-related | ||||||
25 | disabilities, provided community service is available in | ||||||
26 | the county and is funded and approved by the county board; |
| |||||||
| |||||||
1 | (D) attend educational courses designed to teach the | ||||||
2 | offender about the firearm laws of this State and | ||||||
3 | sentencing for violations of those laws; and | ||||||
4 | (E) receive counseling and psychological or | ||||||
5 | psychiatric treatment for impulse control and to decrease | ||||||
6 | aggressive behavior, if indicated by a validated risk | ||||||
7 | assessment instrument. | ||||||
8 | (2) The conditions of probation or conditional discharge | ||||||
9 | under this subsection (t) shall include community safety case | ||||||
10 | planning, to assess and address the perceived need to carry a | ||||||
11 | weapon to avoid becoming a victim of violence. | ||||||
12 | (3) If services are made available under this subsection | ||||||
13 | (t), the services must be administered according to the | ||||||
14 | offender's measured risks, assets, and needs and without regard | ||||||
15 | to the offender's financial ability to pay for the costs of | ||||||
16 | those services. | ||||||
17 | (4) Firearm legal education programs provided under this | ||||||
18 | subsection (t) may not be conducted by firearm advocacy | ||||||
19 | organizations. | ||||||
20 | (5) The outcome of the programs provided under this | ||||||
21 | subsection (t) shall be annually reported by the county | ||||||
22 | probation department to the clerk of the circuit court who | ||||||
23 | shall report it to the Supreme Court and make it available to | ||||||
24 | the Governor, the General Assembly, and the public. | ||||||
25 | (Source: P.A. 98-169, eff. 1-1-14; 98-658, eff. 6-23-14; | ||||||
26 | 98-899, eff. 8-15-14; 99-78, eff. 7-20-15; 99-212, eff. |
| |||||||
| |||||||
1 | 1-1-16 .)
| ||||||
2 | (730 ILCS 5/5-6-3.3-5 new) | ||||||
3 | Sec. 5-6-3.3-5. Firearm Possession Accountability | ||||||
4 | Initiative Program. | ||||||
5 | (a) When a person is charged with an offense under Section | ||||||
6 | 24-1, 24-1.1, 24-1.6, or 24-1.8 of the Criminal Code of 2012, | ||||||
7 | the court, with the consent of the defendant and the State's | ||||||
8 | Attorney, may continue this matter to allow a defendant to | ||||||
9 | participate and complete the Firearm Possession Accountability | ||||||
10 | Initiative Program. | ||||||
11 | (b) The conditions of the program shall be that the | ||||||
12 | defendant: | ||||||
13 | (1) not violate any criminal statute of this State or
| ||||||
14 | any other jurisdiction; | ||||||
15 | (2) refrain from possessing a firearm or other | ||||||
16 | dangerous weapon; | ||||||
17 | (3) perform not less than 30
hours of community service | ||||||
18 | that would benefit persons with gunshot-related | ||||||
19 | disabilities, provided community service is available in | ||||||
20 | the county and is funded and approved by the county board; | ||||||
21 | (4) attend educational courses designed to teach the | ||||||
22 | offender about the firearm laws of this State and | ||||||
23 | sentencing for violations of those laws; | ||||||
24 | (5) receive counseling and psychological or | ||||||
25 | psychiatric treatment for impulse control and to decrease |
| |||||||
| |||||||
1 | aggressive behavior, if indicated by a validated risk | ||||||
2 | assessment instrument; | ||||||
3 | (6) receive community safety case planning, to assess | ||||||
4 | and address the perceived need to carry a weapon to avoid | ||||||
5 | becoming a victim of violence; and | ||||||
6 | (7) be subject to supervision or additional pre-trial | ||||||
7 | services as necessary. | ||||||
8 | (c) The Firearm Possession Accountability Initiative | ||||||
9 | Program shall be administered according to the offender's | ||||||
10 | measured risks, assets, and needs and without regard to the | ||||||
11 | offender's financial ability to pay for the costs of those | ||||||
12 | services. Firearm safety programs, including those | ||||||
13 | administered by firearms advocacy organizations, may not be | ||||||
14 | used under this Program. | ||||||
15 | (d) When the State's Attorney makes a factually specific | ||||||
16 | offer of proof that the defendant has failed to successfully | ||||||
17 | complete the Program or has violated any of the conditions of | ||||||
18 | the Program, the court shall enter an order that the defendant | ||||||
19 | has not successfully completed the Program and continue the | ||||||
20 | case for arraignment and further proceedings as if the | ||||||
21 | defendant had not participated in the Program. | ||||||
22 | (e) Upon fulfillment of the terms and conditions of the | ||||||
23 | Program, the State's Attorney shall dismiss the case or the | ||||||
24 | court shall discharge the person and dismiss the proceedings | ||||||
25 | against the person. | ||||||
26 | (f) There may be only one discharge and dismissal under |
| |||||||
| |||||||
1 | this Section with respect to any person.
| ||||||
2 | Section 140. The Illinois Civil Rights Act of 2003 is | ||||||
3 | amended by changing Section 5 as follows:
| ||||||
4 | (740 ILCS 23/5)
| ||||||
5 | Sec. 5. Discrimination prohibited.
| ||||||
6 | (a) No unit of State, county, or local government in | ||||||
7 | Illinois shall:
| ||||||
8 | (1) exclude a person from participation in, deny a | ||||||
9 | person the benefits of,
or subject a person to | ||||||
10 | discrimination under any program or activity on the
grounds
| ||||||
11 | of that person's race, color, national origin, or gender; | ||||||
12 | or
| ||||||
13 | (2) utilize criteria or methods of administration that | ||||||
14 | have the effect of
subjecting individuals to | ||||||
15 | discrimination because of their race, color,
national
| ||||||
16 | origin, or gender ; or | ||||||
17 | (3) fail to regulate firearm dealers for the sale of | ||||||
18 | firearms in a fashion that results in a statistically | ||||||
19 | disproportionate rate of firearm offenses in economically | ||||||
20 | disadvantaged or racially segregated communities as | ||||||
21 | compared to other communities .
| ||||||
22 | (b) Any party aggrieved by conduct that violates subsection | ||||||
23 | (a) may bring a
civil lawsuit, in a federal district court or | ||||||
24 | State circuit court, against the offending unit of
government. |
| |||||||
| |||||||
1 | Any State claim brought in federal district court shall be a | ||||||
2 | supplemental claim to a federal claim. This lawsuit must be | ||||||
3 | brought not later than 2 years after the
violation of | ||||||
4 | subsection (a). If the court finds that a violation of | ||||||
5 | paragraph
(1) , or (2) , or (3) of subsection (a) has occurred, | ||||||
6 | the court may award to the plaintiff
actual damages. The court, | ||||||
7 | as it deems appropriate, may grant as
relief any permanent or | ||||||
8 | preliminary negative or mandatory injunction, temporary | ||||||
9 | restraining order, or
other order.
| ||||||
10 | (c) Upon motion, a court shall award reasonable attorneys' | ||||||
11 | fees and costs,
including expert witness fees and other | ||||||
12 | litigation expenses, to a plaintiff who
is a prevailing party | ||||||
13 | in any action brought:
| ||||||
14 | (1) pursuant to subsection (b); or
| ||||||
15 | (2) to enforce a right arising under the Illinois | ||||||
16 | Constitution.
| ||||||
17 | In awarding reasonable attorneys' fees, the court shall | ||||||
18 | consider the degree
to which the relief obtained relates to the | ||||||
19 | relief sought.
| ||||||
20 | (d) For the purpose of this Act, the term "prevailing | ||||||
21 | party" includes any
party:
| ||||||
22 | (1) who obtains some of his or her requested relief | ||||||
23 | through a judicial
judgment in his or her favor;
| ||||||
24 | (2) who obtains some of his or her requested relief | ||||||
25 | through any settlement
agreement approved by the court; or
| ||||||
26 | (3) whose pursuit of a non-frivolous claim was a |
| |||||||
| |||||||
1 | catalyst for a unilateral
change in position by the | ||||||
2 | opposing party relative to the relief sought.
| ||||||
3 | (Source: P.A. 95-541, eff. 1-1-08.)
| ||||||
4 | Section 995. No acceleration or delay. Where this Act makes | ||||||
5 | changes in a statute that is represented in this Act by text | ||||||
6 | that is not yet or no longer in effect (for example, a Section | ||||||
7 | represented by multiple versions), the use of that text does | ||||||
8 | not accelerate or delay the taking effect of (i) the changes | ||||||
9 | made by this Act or (ii) provisions derived from any other | ||||||
10 | Public Act.".
|