Bill Amendment: IL SB1980 | 2017-2018 | 100th General Assembly

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: CRIM PRO-BAIL-SHERIFF PETITION

Status: 2019-01-09 - Session Sine Die [SB1980 Detail]

Download: Illinois-2017-SB1980-House_Amendment_001.html

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Rep. Camille Y. Lilly

Filed: 5/29/2017

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AMENDMENT TO SENATE BILL 1980
AMENDMENT NO. ______. Amend Senate Bill 1980 by replacing
everything after the enacting clause with the following:
"Section 1. This Act may be referred to as the Safe
Neighborhoods Reform Act.
Section 5. Purpose. The criminal justice priorities of the
General Assembly in enacting this Act are to:
(1) promote public safety;
(2) pursue justice;
(3) preserve and value all life;
(4) acknowledge and confront racial disparities in the
justice system;
(5) provide and fund education to help reduce crime;
(6) provide grief and trauma programs for victims and
families of victims of violence throughout the State of
Illinois, especially in areas with a high concentration of

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violence;
(7) provide job training to reduce unemployment and
stimulate economic growth;
(8) increase and provide victim services;
(9) provide and increase treatment, services, and
programming for offenders to help promote successful reentry to
society; and
(10) reduce the State's overreliance on imprisonment.
Section 10. The Department of State Police Law of the Civil
Administrative Code of Illinois is amended by adding Section
2605-605 as follows:
(20 ILCS 2605/2605-605 new)
Sec. 2605-605. Violent Crime Suppression Task Force.
Subject to appropriation, the Director of State Police
shall establish a statewide multi-jurisdictional Violent Crime
Suppression Task Force led by the Department of State Police
dedicated to combating gun violence and other violent crime
with the primary mission of preservation of life and reducing
the occurrence and the fear of crime. The objective of the Task
Force shall include, but not be limited to, reducing and
preventing illegal possession and use of firearms,
firearm-related homicides and other violent crimes.
(1) The Task Force shall develop and acquire
information, training, tools, and resources necessary to

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implement a data-driven approach to policing, with an
emphasis on intelligence development.
(2) The Task Force may utilize information sharing,
partnerships, crime analysis, and evidence-based practices
to assist in the reduction of firearm-related homicides and
shootings.
(3) The Task Force may utilize violence suppression
strategies including, but not limited to: targeted
missions in identified locations that have shown to be the
most prone to gun violence; focused deterrence against
violent gangs and groups considered responsible for the
most violence in communities; and other methods deemed
necessary to interrupt cycles of violence or prevent
retaliation.
(4) The Task Force shall recognize and utilize best
practices of community policing and may develop potential
partnerships with faith-based and community organizations
to achieve its goals.
(5) The Task Force shall identify and utilize best
practices in drug-diversion programs and other
community-based services to redirect low-level offenders.
(6) In consultation with the Chief Procurement
Officer, the Department of State Police may obtain
contracts for software, commodities, resources, and
equipment to assist the Task Force with achieving the
requirements of this Section. Any contracts necessary to

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support the delivery of necessary software, commodities,
resources, and equipment are not subject to the Illinois
Procurement Code, except for Sections 20-60, 20-65, 20-70,
and 20-160 and Article 50 of that Code, provided that the
Chief Procurement Officer may, in writing with
justification, waive any certification required under
Article 50 of the Illinois Procurement Code.
Section 15. The Criminal Identification Act is amended by
changing Section 2.1 as follows:
(20 ILCS 2630/2.1) (from Ch. 38, par. 206-2.1)
Sec. 2.1. For the purpose of maintaining complete and
accurate criminal records of the Department of State Police, it
is necessary for all policing bodies of this State, the clerk
of the circuit court, the Illinois Department of Corrections,
the sheriff of each county, and State's Attorney of each county
to submit certain criminal arrest, charge, and disposition
information to the Department for filing at the earliest time
possible. Unless otherwise noted herein, it shall be the duty
of all policing bodies of this State, the clerk of the circuit
court, the Illinois Department of Corrections, the sheriff of
each county, and the State's Attorney of each county to report
such information as provided in this Section, both in the form
and manner required by the Department and within 30 days of the
criminal history event. Specifically:

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(a) Arrest Information. All agencies making arrests for
offenses which are required by statute to be collected,
maintained or disseminated by the Department of State Police
shall be responsible for furnishing daily to the Department
fingerprints, charges and descriptions of all persons who are
arrested for such offenses. All such agencies shall also notify
the Department of all decisions by the arresting agency not to
refer such arrests for prosecution. With approval of the
Department, an agency making such arrests may enter into
arrangements with other agencies for the purpose of furnishing
daily such fingerprints, charges and descriptions to the
Department upon its behalf.
(b) Charge Information. The State's Attorney of each county
shall notify the Department of all charges filed and all
petitions filed alleging that a minor is delinquent, including
all those added subsequent to the filing of a case, and whether
charges were not filed in cases for which the Department has
received information required to be reported pursuant to
paragraph (a) of this Section. With approval of the Department,
the State's Attorney may enter into arrangements with other
agencies for the purpose of furnishing the information required
by this subsection (b) to the Department upon the State's
Attorney's behalf.
(c) Disposition Information. The clerk of the circuit court
of each county shall furnish the Department, in the form and
manner required by the Supreme Court, with all final

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dispositions of cases for which the Department has received
information required to be reported pursuant to paragraph (a)
or (d) of this Section. Such information shall include, for
each charge, all (1) judgments of not guilty, judgments of
guilty including the sentence pronounced by the court with
statutory citations to the relevant sentencing provision,
findings that a minor is delinquent and any sentence made based
on those findings, discharges and dismissals in the court; (2)
reviewing court orders filed with the clerk of the circuit
court which reverse or remand a reported conviction or findings
that a minor is delinquent or that vacate or modify a sentence
or sentence made following a trial that a minor is delinquent;
(3) continuances to a date certain in furtherance of an order
of supervision granted under Section 5-6-1 of the Unified Code
of Corrections or an order of probation granted under Section
10 of the Cannabis Control Act, Section 410 of the Illinois
Controlled Substances Act, Section 70 of the Methamphetamine
Control and Community Protection Act, Section 12-4.3 or
subdivision (b)(1) of Section 12-3.05 of the Criminal Code of
1961 or the Criminal Code of 2012, Section 10-102 of the
Illinois Alcoholism and Other Drug Dependency Act, Section
40-10 of the Alcoholism and Other Drug Abuse and Dependency
Act, Section 10 of the Steroid Control Act, or Section 5-615 of
the Juvenile Court Act of 1987; and (4) judgments or court
orders terminating or revoking a sentence to or juvenile
disposition of probation, supervision or conditional discharge

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and any resentencing or new court orders entered by a juvenile
court relating to the disposition of a minor's case involving
delinquency after such revocation.
(d) Fingerprints After Sentencing.
(1) After the court pronounces sentence, sentences a
minor following a trial in which a minor was found to be
delinquent or issues an order of supervision or an order of
probation granted under Section 10 of the Cannabis Control
Act, Section 410 of the Illinois Controlled Substances Act,
Section 70 of the Methamphetamine Control and Community
Protection Act, Section 12-4.3 or subdivision (b)(1) of
Section 12-3.05 of the Criminal Code of 1961 or the
Criminal Code of 2012, Section 10-102 of the Illinois
Alcoholism and Other Drug Dependency Act, Section 40-10 of
the Alcoholism and Other Drug Abuse and Dependency Act,
Section 10 of the Steroid Control Act, or Section 5-615 of
the Juvenile Court Act of 1987 for any offense which is
required by statute to be collected, maintained, or
disseminated by the Department of State Police, the State's
Attorney of each county shall ask the court to order a law
enforcement agency to fingerprint immediately all persons
appearing before the court who have not previously been
fingerprinted for the same case. The court shall so order
the requested fingerprinting, if it determines that any
such person has not previously been fingerprinted for the
same case. The law enforcement agency shall submit such

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fingerprints to the Department daily.
(2) After the court pronounces sentence or makes a
disposition of a case following a finding of delinquency
for any offense which is not required by statute to be
collected, maintained, or disseminated by the Department
of State Police, the prosecuting attorney may ask the court
to order a law enforcement agency to fingerprint
immediately all persons appearing before the court who have
not previously been fingerprinted for the same case. The
court may so order the requested fingerprinting, if it
determines that any so sentenced person has not previously
been fingerprinted for the same case. The law enforcement
agency may retain such fingerprints in its files.
(e) Corrections Information. The Illinois Department of
Corrections and the sheriff of each county shall furnish the
Department with all information concerning the receipt,
escape, execution, death, release, pardon, parole, commutation
of sentence, granting of executive clemency or discharge of an
individual who has been sentenced or committed to the agency's
custody for any offenses which are mandated by statute to be
collected, maintained or disseminated by the Department of
State Police. For an individual who has been charged with any
such offense and who escapes from custody or dies while in
custody, all information concerning the receipt and escape or
death, whichever is appropriate, shall also be so furnished to
the Department.

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(Source: P.A. 96-1551, eff. 7-1-11; 97-1150, eff. 1-25-13.)
Section 20. The Criminal Code of 2012 is amended by
changing Sections 16-1, 16-25, 19-1, 24-1.1, and 24-1.6 as
follows:
(720 ILCS 5/16-1) (from Ch. 38, par. 16-1)
Sec. 16-1. Theft.
(a) A person commits theft when he or she knowingly:
(1) Obtains or exerts unauthorized control over
property of the owner; or
(2) Obtains by deception control over property of the
owner; or
(3) Obtains by threat control over property of the
owner; or
(4) Obtains control over stolen property knowing the
property to have been stolen or under such circumstances as
would reasonably induce him or her to believe that the
property was stolen; or
(5) Obtains or exerts control over property in the
custody of any law enforcement agency which any law
enforcement officer or any individual acting in behalf of a
law enforcement agency explicitly represents to the person
as being stolen or represents to the person such
circumstances as would reasonably induce the person to
believe that the property was stolen, and

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(A) Intends to deprive the owner permanently of the
use or benefit of the property; or
(B) Knowingly uses, conceals or abandons the
property in such manner as to deprive the owner
permanently of such use or benefit; or
(C) Uses, conceals, or abandons the property
knowing such use, concealment or abandonment probably
will deprive the owner permanently of such use or
benefit.
(b) Sentence.
(1) Theft of property not from the person and not
exceeding $2,000 $500 in value is a Class A misdemeanor.
(1.1) Theft of property not from the person and not
exceeding $2,000 $500 in value is a Class 4 felony if the
theft was committed in a school or place of worship or if
the theft was of governmental property.
(2) A person who has been convicted of theft of
property not from the person and not exceeding $2,000 $500
in value who has been previously convicted of felony any
type of theft, robbery, armed robbery, burglary,
residential burglary, possession of burglary tools, home
invasion, forgery, a violation of Section 4-103, 4-103.1,
4-103.2, or 4-103.3 of the Illinois Vehicle Code relating
to the possession of a stolen or converted motor vehicle,
or a violation of Section 17-36 of the Criminal Code of
1961 or the Criminal Code of 2012, or Section 8 of the

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Illinois Credit Card and Debit Card Act is guilty of a
Class 4 felony.
(3) (Blank).
(4) Theft of property from the person not exceeding
$500 in value, or theft of property exceeding $2,000 $500
and not exceeding $10,000 in value, is a Class 3 felony.
(4.1) Theft of property from the person not exceeding
$500 in value, or theft of property exceeding $2,000 $500
and not exceeding $10,000 in value, is a Class 2 felony if
the theft was committed in a school or place of worship or
if the theft was of governmental property.
(5) Theft of property exceeding $10,000 and not
exceeding $100,000 in value is a Class 2 felony.
(5.1) Theft of property exceeding $10,000 and not
exceeding $100,000 in value is a Class 1 felony if the
theft was committed in a school or place of worship or if
the theft was of governmental property.
(6) Theft of property exceeding $100,000 and not
exceeding $500,000 in value is a Class 1 felony.
(6.1) Theft of property exceeding $100,000 in value is
a Class X felony if the theft was committed in a school or
place of worship or if the theft was of governmental
property.
(6.2) Theft of property exceeding $500,000 and not
exceeding $1,000,000 in value is a Class 1
non-probationable felony.

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(6.3) Theft of property exceeding $1,000,000 in value
is a Class X felony.
(7) Theft by deception, as described by paragraph (2)
of subsection (a) of this Section, in which the offender
obtained money or property valued at $5,000 or more from a
victim 60 years of age or older is a Class 2 felony.
(8) Theft by deception, as described by paragraph (2)
of subsection (a) of this Section, in which the offender
falsely poses as a landlord or agent or employee of the
landlord and obtains a rent payment or a security deposit
from a tenant is a Class 3 felony if the rent payment or
security deposit obtained does not exceed $500.
(9) Theft by deception, as described by paragraph (2)
of subsection (a) of this Section, in which the offender
falsely poses as a landlord or agent or employee of the
landlord and obtains a rent payment or a security deposit
from a tenant is a Class 2 felony if the rent payment or
security deposit obtained exceeds $500 and does not exceed
$10,000.
(10) Theft by deception, as described by paragraph (2)
of subsection (a) of this Section, in which the offender
falsely poses as a landlord or agent or employee of the
landlord and obtains a rent payment or a security deposit
from a tenant is a Class 1 felony if the rent payment or
security deposit obtained exceeds $10,000 and does not
exceed $100,000.

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(11) Theft by deception, as described by paragraph (2)
of subsection (a) of this Section, in which the offender
falsely poses as a landlord or agent or employee of the
landlord and obtains a rent payment or a security deposit
from a tenant is a Class X felony if the rent payment or
security deposit obtained exceeds $100,000.
(c) When a charge of theft of property exceeding a
specified value is brought, the value of the property involved
is an element of the offense to be resolved by the trier of
fact as either exceeding or not exceeding the specified value.
(d) Theft by lessee; permissive inference. The trier of
fact may infer evidence that a person intends to deprive the
owner permanently of the use or benefit of the property (1) if
a lessee of the personal property of another fails to return it
to the owner within 10 days after written demand from the owner
for its return or (2) if a lessee of the personal property of
another fails to return it to the owner within 24 hours after
written demand from the owner for its return and the lessee had
presented identification to the owner that contained a
materially fictitious name, address, or telephone number. A
notice in writing, given after the expiration of the leasing
agreement, addressed and mailed, by registered mail, to the
lessee at the address given by him and shown on the leasing
agreement shall constitute proper demand.
(e) Permissive inference; evidence of intent that a person
obtains by deception control over property. The trier of fact

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may infer that a person "knowingly obtains by deception control
over property of the owner" when he or she fails to return,
within 45 days after written demand from the owner, the
downpayment and any additional payments accepted under a
promise, oral or in writing, to perform services for the owner
for consideration of $3,000 or more, and the promisor knowingly
without good cause failed to substantially perform pursuant to
the agreement after taking a down payment of 10% or more of the
agreed upon consideration. This provision shall not apply where
the owner initiated the suspension of performance under the
agreement, or where the promisor responds to the notice within
the 45-day notice period. A notice in writing, addressed and
mailed, by registered mail, to the promisor at the last known
address of the promisor, shall constitute proper demand.
(f) Offender's interest in the property.
(1) It is no defense to a charge of theft of property
that the offender has an interest therein, when the owner
also has an interest to which the offender is not entitled.
(2) Where the property involved is that of the
offender's spouse, no prosecution for theft may be
maintained unless the parties were not living together as
man and wife and were living in separate abodes at the time
of the alleged theft.
(Source: P.A. 96-496, eff. 1-1-10; 96-534, eff. 8-14-09;
96-1000, eff. 7-2-10; 96-1301, eff. 1-1-11; 96-1532, eff.
1-1-12; 96-1551, eff. 7-1-11; 97-597, eff. 1-1-12; 97-1150,

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eff. 1-25-13.)
(720 ILCS 5/16-25)
Sec. 16-25. Retail theft.
(a) A person commits retail theft when he or she knowingly:
(1) Takes possession of, carries away, transfers or
causes to be carried away or transferred any merchandise
displayed, held, stored or offered for sale in a retail
mercantile establishment with the intention of retaining
such merchandise or with the intention of depriving the
merchant permanently of the possession, use or benefit of
such merchandise without paying the full retail value of
such merchandise; or
(2) Alters, transfers, or removes any label, price tag,
marking, indicia of value or any other markings which aid
in determining value affixed to any merchandise displayed,
held, stored or offered for sale in a retail mercantile
establishment and attempts to purchase such merchandise at
less than the full retail value with the intention of
depriving the merchant of the full retail value of such
merchandise; or
(3) Transfers any merchandise displayed, held, stored
or offered for sale in a retail mercantile establishment
from the container in or on which such merchandise is
displayed to any other container with the intention of
depriving the merchant of the full retail value of such

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merchandise; or
(4) Under-rings with the intention of depriving the
merchant of the full retail value of the merchandise; or
(5) Removes a shopping cart from the premises of a
retail mercantile establishment without the consent of the
merchant given at the time of such removal with the
intention of depriving the merchant permanently of the
possession, use or benefit of such cart; or
(6) Represents to a merchant that he, she, or another
is the lawful owner of property, knowing that such
representation is false, and conveys or attempts to convey
that property to a merchant who is the owner of the
property in exchange for money, merchandise credit or other
property of the merchant; or
(7) Uses or possesses any theft detection shielding
device or theft detection device remover with the intention
of using such device to deprive the merchant permanently of
the possession, use or benefit of any merchandise
displayed, held, stored or offered for sale in a retail
mercantile establishment without paying the full retail
value of such merchandise; or
(8) Obtains or exerts unauthorized control over
property of the owner and thereby intends to deprive the
owner permanently of the use or benefit of the property
when a lessee of the personal property of another fails to
return it to the owner, or if the lessee fails to pay the

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full retail value of such property to the lessor in
satisfaction of any contractual provision requiring such,
within 10 days after written demand from the owner for its
return. A notice in writing, given after the expiration of
the leasing agreement, by registered mail, to the lessee at
the address given by the lessee and shown on the leasing
agreement shall constitute proper demand.
(b) Theft by emergency exit. A person commits theft by
emergency exit when he or she commits a retail theft as defined
in subdivisions (a)(1) through (a)(8) of this Section and to
facilitate the theft he or she leaves the retail mercantile
establishment by use of a designated emergency exit.
(c) Permissive inference. If any person:
(1) conceals upon his or her person or among his or her
belongings unpurchased merchandise displayed, held, stored
or offered for sale in a retail mercantile establishment;
and
(2) removes that merchandise beyond the last known
station for receiving payments for that merchandise in that
retail mercantile establishment,
then the trier of fact may infer that the person possessed,
carried away or transferred such merchandise with the intention
of retaining it or with the intention of depriving the merchant
permanently of the possession, use or benefit of such
merchandise without paying the full retail value of such
merchandise.

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To "conceal" merchandise means that, although there may be
some notice of its presence, that merchandise is not visible
through ordinary observation.
(d) Venue. Multiple thefts committed by the same person as
part of a continuing course of conduct in different
jurisdictions that have been aggregated in one jurisdiction may
be prosecuted in any jurisdiction in which one or more of the
thefts occurred.
(e) For the purposes of this Section, "theft detection
shielding device" means any laminated or coated bag or device
designed and intended to shield merchandise from detection by
an electronic or magnetic theft alarm sensor.
(f) Sentence.
(1) A violation of any of subdivisions (a)(1) through
(a)(6) and (a)(8) of this Section, the full retail value of
which does not exceed $2,000 $300 for property other than
motor fuel or $150 for motor fuel, is a Class A
misdemeanor. A violation of subdivision (a)(7) of this
Section is a Class A misdemeanor for a first offense and a
Class 4 felony for a second or subsequent offense. Theft by
emergency exit of property, the full retail value of which
does not exceed $2,000 $300, is a Class 4 felony.
(2) A person who has been convicted of retail theft of
property under any of subdivisions (a)(1) through (a)(6)
and (a)(8) of this Section, the full retail value of which
does not exceed $2,000 $300 for property other than motor

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fuel or $150 for motor fuel, and who has been previously
convicted of any type of theft, robbery, armed robbery,
burglary, residential burglary, possession of burglary
tools, home invasion, unlawful use of a credit card, or
forgery is guilty of a Class 4 felony. A person who has
been convicted of theft by emergency exit of property, the
full retail value of which does not exceed $2,000 $300, and
who has been previously convicted of felony any type of
theft, robbery, armed robbery, burglary, residential
burglary, possession of burglary tools, home invasion,
unlawful use of a credit card, or forgery is guilty of a
Class 3 felony.
(3) Any retail theft of property under any of
subdivisions (a)(1) through (a)(6) and (a)(8) of this
Section, the full retail value of which exceeds $2,000 $300
for property other than motor fuel or $150 for motor fuel
in a single transaction, or in separate transactions
committed by the same person as part of a continuing course
of conduct from one or more mercantile establishments over
a period of one year, is a Class 3 felony. Theft by
emergency exit of property, the full retail value of which
exceeds $2,000 $300 in a single transaction, or in separate
transactions committed by the same person as part of a
continuing course of conduct from one or more mercantile
establishments over a period of one year, is a Class 2
felony. When a charge of retail theft of property or theft

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by emergency exit of property, the full value of which
exceeds $2,000 $300, is brought, the value of the property
involved is an element of the offense to be resolved by the
trier of fact as either exceeding or not exceeding $2,000
$300.
(Source: P.A. 97-597, eff. 1-1-12.)
(720 ILCS 5/19-1) (from Ch. 38, par. 19-1)
Sec. 19-1. Burglary.
(a) A person commits burglary when without authority he or
she knowingly enters or without authority remains within a
building, housetrailer, watercraft, aircraft, motor vehicle,
railroad car, or any part thereof, with intent to commit
therein a felony or theft. This offense shall not include the
offenses set out in Section 4-102 of the Illinois Vehicle Code.
(b) Sentence.
Burglary committed in, and without causing damage to, a
watercraft, aircraft, motor vehicle, railroad car, or any part
thereof is a Class 3 felony. Burglary committed in a building,
housetrailer, or any part thereof or while causing damage to a
watercraft, aircraft, motor vehicle, railroad car, or any part
thereof is a Class 2 felony. A burglary committed in a school,
day care center, day care home, group day care home, or part
day child care facility, or place of worship is a Class 1
felony, except that this provision does not apply to a day care
center, day care home, group day care home, or part day child

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care facility operated in a private residence used as a
dwelling.
(c) Regarding penalties prescribed in subsection (b) for
violations committed in a day care center, day care home, group
day care home, or part day child care facility, the time of
day, time of year, and whether children under 18 years of age
were present in the day care center, day care home, group day
care home, or part day child care facility are irrelevant.
(Source: P.A. 96-556, eff. 1-1-10; 97-1108, eff. 1-1-13.)
(720 ILCS 5/24-1.1) (from Ch. 38, par. 24-1.1)
Sec. 24-1.1. Unlawful Use or Possession of Weapons by
Felons or Persons in the Custody of the Department of
Corrections Facilities.
(a) It is unlawful for a person to knowingly possess on or
about his person or on his land or in his own abode or fixed
place of business any weapon prohibited under Section 24-1 of
this Act or any firearm or any firearm ammunition if the person
has been convicted of a felony under the laws of this State or
any other jurisdiction. This Section shall not apply if the
person has been granted relief by the Director of the
Department of State Police under Section 10 of the Firearm
Owners Identification Card Act.
(b) It is unlawful for any person confined in a penal
institution, which is a facility of the Illinois Department of
Corrections, to possess any weapon prohibited under Section

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

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in Section 5-4.5-110 of the Unified Code of Corrections.
Violation of this Section by a person who is on parole or
mandatory supervised release is a Class 2 felony for which the
person shall be sentenced to not less than 3 years and not more
than 14 years, except as provided for in Section 5-4.5-110 of
the Unified Code of Corrections. Violation of this Section by a
person not confined in a penal institution is a Class X felony
when the firearm possessed is a machine gun. Any person who
violates this Section while confined in a penal institution,
which is a facility of the Illinois Department of Corrections,
is guilty of a Class 1 felony, if he possesses any weapon
prohibited under Section 24-1 of this Code regardless of the
intent with which he possesses it, a Class X felony if he
possesses any firearm, firearm ammunition or explosive, and a
Class X felony for which the offender shall be sentenced to not
less than 12 years and not more than 50 years when the firearm
possessed is a machine gun. A violation of this Section while
wearing or in possession of body armor as defined in Section
33F-1 is a Class X felony punishable by a term of imprisonment
of not less than 10 years and not more than 40 years. The
possession of each firearm or firearm ammunition in violation
of this Section constitutes a single and separate violation.
(Source: P.A. 97-237, eff. 1-1-12.)
(720 ILCS 5/24-1.6)
Sec. 24-1.6. Aggravated unlawful use of a weapon.

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(a) A person commits the offense of aggravated unlawful use
of a weapon when he or she knowingly:
(1) Carries on or about his or her person or in any
vehicle or concealed on or about his or her person except
when on his or her land or in his or her abode, legal
dwelling, or fixed place of business, or on the land or in
the legal dwelling of another person as an invitee with
that person's permission, any pistol, revolver, stun gun or
taser or other firearm; or
(2) Carries or possesses on or about his or her person,
upon any public street, alley, or other public lands within
the corporate limits of a city, village or incorporated
town, except when an invitee thereon or therein, for the
purpose of the display of such weapon or the lawful
commerce in weapons, or except when on his or her own land
or in his or her own abode, legal dwelling, or fixed place
of business, or on the land or in the legal dwelling of
another person as an invitee with that person's permission,
any pistol, revolver, stun gun or taser or other firearm;
and
(3) One of the following factors is present:
(A) the firearm, other than a pistol, revolver, or
handgun, possessed was uncased, loaded, and
immediately accessible at the time of the offense; or
(A-5) the pistol, revolver, or handgun possessed
was uncased, loaded, and immediately accessible at the

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time of the offense and the person possessing the
pistol, revolver, or handgun has not been issued a
currently valid license under the Firearm Concealed
Carry Act; or
(B) the firearm, other than a pistol, revolver, or
handgun, possessed was uncased, unloaded, and the
ammunition for the weapon was immediately accessible
at the time of the offense; or
(B-5) the pistol, revolver, or handgun possessed
was uncased, unloaded, and the ammunition for the
weapon was immediately accessible at the time of the
offense and the person possessing the pistol,
revolver, or handgun has not been issued a currently
valid license under the Firearm Concealed Carry Act; or
(C) the person possessing the firearm has not been
issued a currently valid Firearm Owner's
Identification Card; or
(D) the person possessing the weapon was
previously adjudicated a delinquent minor under the
Juvenile Court Act of 1987 for an act that if committed
by an adult would be a felony; or
(E) the person possessing the weapon was engaged in
a misdemeanor violation of the Cannabis Control Act, in
a misdemeanor violation of the Illinois Controlled
Substances Act, or in a misdemeanor violation of the
Methamphetamine Control and Community Protection Act;

10000SB1980ham001 - 26 - LRB100 11410 RLC 27200 a
or
(F) (blank); or
(G) the person possessing the weapon had an a order
of protection issued against him or her within the
previous 2 years; or
(H) the person possessing the weapon was engaged in
the commission or attempted commission of a
misdemeanor involving the use or threat of violence
against the person or property of another; or
(I) the person possessing the weapon was under 21
years of age and in possession of a handgun, unless the
person under 21 is engaged in lawful activities under
the Wildlife Code or described in subsection
24-2(b)(1), (b)(3), or 24-2(f).
(a-5) "Handgun" as used in this Section has the meaning
given to it in Section 5 of the Firearm Concealed Carry Act.
(b) "Stun gun or taser" as used in this Section has the
same definition given to it in Section 24-1 of this Code.
(c) This Section does not apply to or affect the
transportation or possession of weapons that:
(i) are broken down in a non-functioning state; or
(ii) are not immediately accessible; or
(iii) are unloaded and enclosed in a case, firearm
carrying box, shipping box, or other container by a person
who has been issued a currently valid Firearm Owner's
Identification Card.

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(d) Sentence.
(1) Aggravated unlawful use of a weapon is a Class 4
felony; a second or subsequent offense is a Class 2 felony
for which the person shall be sentenced to a term of
imprisonment of not less than 3 years and not more than 7
years, except as provided for in Section 5-4.5-110 of the
Unified Code of Corrections.
(2) Except as otherwise provided in paragraphs (3) and
(4) of this subsection (d), a first offense of aggravated
unlawful use of a weapon committed with a firearm by a
person 18 years of age or older where the factors listed in
both items (A) and (C) or both items (A-5) and (C) of
paragraph (3) of subsection (a) are present is a Class 4
felony, for which the person shall be sentenced to a term
of imprisonment of not less than one year and not more than
3 years.
(3) Aggravated unlawful use of a weapon by a person who
has been previously convicted of a felony in this State or
another jurisdiction is a Class 2 felony for which the
person shall be sentenced to a term of imprisonment of not
less than 3 years and not more than 7 years, except as
provided for in Section 5-4.5-110 of the Unified Code of
Corrections.
(4) Aggravated unlawful use of a weapon while wearing
or in possession of body armor as defined in Section 33F-1
by a person who has not been issued a valid Firearms

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Owner's Identification Card in accordance with Section 5 of
the Firearm Owners Identification Card Act is a Class X
felony.
(e) The possession of each firearm in violation of this
Section constitutes a single and separate violation.
(Source: P.A. 98-63, eff. 7-9-13; revised 10-6-16.)
Section 25. The Cannabis Control Act is amended by changing
Sections 4, 5, 5.1, 5.2, 7, 8, and 10 as follows:
(720 ILCS 550/4) (from Ch. 56 1/2, par. 704)
Sec. 4. It is unlawful for any person knowingly to possess
cannabis. Any person who violates this section with respect to:
(a) not more than 30 10 grams of any substance
containing cannabis is guilty of a civil law violation
punishable by a minimum fine not to exceed $125 of $100 and
a maximum fine of $200. The proceeds of the fine shall be
payable to the clerk of the circuit court. Within 30 days
after the deposit of the fine, the clerk shall distribute
the proceeds of the fine as follows:
(1) $10 of the fine to the circuit clerk and $10 of
the fine to the law enforcement agency that issued the
citation; the proceeds of each $10 fine distributed to
the circuit clerk and each $10 fine distributed to the
law enforcement agency that issued the citation for the
violation shall be used to defer the cost of automatic

10000SB1980ham001 - 29 - LRB100 11410 RLC 27200 a
expungements under paragraph (2.5) of subsection (a)
of Section 5.2 of the Criminal Identification Act;
(2) $15 to the county to fund drug addiction
services;
(3) $10 to the Office of the State's Attorneys
Appellate Prosecutor for use in training programs;
(4) $10 to the State's Attorney; and
(5) any remainder of the fine to the law
enforcement agency that issued the citation for the
violation.
With respect to funds designated for the Department of
State Police, the moneys shall be remitted by the circuit
court clerk to the Department of State Police within one
month after receipt for deposit into the State Police
Operations Assistance Fund. With respect to funds
designated for the Department of Natural Resources, the
Department of Natural Resources shall deposit the moneys
into the Conservation Police Operations Assistance Fund;
(b) (blank); more than 10 grams but not more than 30
grams of any substance containing cannabis is guilty of a
Class B misdemeanor;
(c) more than 30 grams but not more than 500 100 grams
of any substance containing cannabis is guilty of a Class A
misdemeanor; provided, that if any offense under this
subsection (c) is a subsequent offense, the offender shall
be guilty of a Class 4 felony;

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(d) (blank); more than 100 grams but not more than 500
grams of any substance containing cannabis is guilty of a
Class 4 felony; provided that if any offense under this
subsection (d) is a subsequent offense, the offender shall
be guilty of a Class 3 felony;
(e) more than 500 grams but not more than 2,000 grams
of any substance containing cannabis is guilty of a Class 4
3 felony;
(f) more than 2,000 grams but not more than 5,000 grams
of any substance containing cannabis is guilty of a Class 3
2 felony;
(g) more than 5,000 grams of any substance containing
cannabis is guilty of a Class 2 1 felony.
(Source: P.A. 99-697, eff. 7-29-16.)
(720 ILCS 550/5) (from Ch. 56 1/2, par. 705)
Sec. 5. It is unlawful for any person knowingly to
manufacture, deliver, or possess with intent to deliver, or
manufacture, cannabis. Any person who violates this section
with respect to:
(a) not more than 10 2.5 grams of any substance containing
cannabis is guilty of a Class B misdemeanor;
(b) (blank) more than 2.5 grams but not more than 10 grams
of any substance containing cannabis is guilty of a Class A
misdemeanor;
(c) more than 10 grams but not more than 30 grams of any

10000SB1980ham001 - 31 - LRB100 11410 RLC 27200 a
substance containing cannabis is guilty of a Class A
misdemeanor 4 felony;
(d) more than 30 grams but not more than 500 grams of any
substance containing cannabis is guilty of a Class 4 3 felony
for which a fine not to exceed $50,000 may be imposed;
(e) more than 500 grams but not more than 2,000 grams of
any substance containing cannabis is guilty of a Class 3 2
felony for which a fine not to exceed $100,000 may be imposed;
(f) more than 2,000 grams but not more than 5,000 grams of
any substance containing cannabis is guilty of a Class 2 1
felony for which a fine not to exceed $150,000 may be imposed;
(g) (blank). more than 5,000 grams of any substance
containing cannabis is guilty of a Class X felony for which a
fine not to exceed $200,000 may be imposed.
(Source: P.A. 90-397, eff. 8-15-97.)
(720 ILCS 550/5.1) (from Ch. 56 1/2, par. 705.1)
Sec. 5.1. Cannabis Trafficking. (a) Except for purposes
authorized by this Act, any person who knowingly brings or
causes to be brought into this State for the purpose of
manufacture or delivery or with the intent to manufacture or
deliver 2,500 grams or more of cannabis in this State or any
other state or country is guilty of cannabis trafficking.
(a-5) A person convicted of cannabis trafficking shall be
sentenced as authorized by Section 5 of this Act, based upon
the amount of the cannabis brought or caused to be brought into

10000SB1980ham001 - 32 - LRB100 11410 RLC 27200 a
this State, if the person at sentencing proves by a
preponderance of the evidence that he or she:
(1) received little or no compensation from the illegal
transport of the cannabis into this State and had minimal
knowledge of the scope and structure of the enterprise to
manufacture or deliver the cannabis transported; or
(2) was not involved in the organization or planning of
the enterprise to manufacture or deliver the cannabis
transported.
(b) Except as otherwise provided in subsection (a-5) of
this Section, a A person convicted of cannabis trafficking is
guilty of a Class 1 felony shall be sentenced to a term of
imprisonment not less than twice the minimum term and fined an
amount as authorized by subsection (f) or (g) of Section 5 of
this Act, based upon the amount of cannabis brought or caused
to be brought into this State, and not more than twice the
maximum term of imprisonment and fined twice the amount as
authorized by subsection (f) or (g) of Section 5 of this Act,
based upon the amount of cannabis brought or caused to be
brought into this State.
(Source: P.A. 90-397, eff. 8-15-97.)
(720 ILCS 550/5.2) (from Ch. 56 1/2, par. 705.2)
Sec. 5.2. Delivery of cannabis on school grounds.
(a.01) Any person who violates subsection (f) of Section 5
in any school, on the real property comprising any school, or

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any conveyance owned, leased or contracted by a school to
transport students to or from school or a school-related
activity, or on any public way within 500 feet of the real
property comprising any school, or any conveyance owned, leased
or contracted by a school to transport students to or from
school or a school-related activity, is guilty of a Class 1
felony;
(a) Any person who violates subsection (e) of Section 5 in
any school, on the real property comprising any school, or any
conveyance owned, leased or contracted by a school to transport
students to or from school or a school-related school related
activity, or on any public way within 500 1,000 feet of the
real property comprising any school, or in any conveyance
owned, leased or contracted by a school to transport students
to or from school or a school-related school related activity
and at the time of the violation persons under the age of 18
are present, the offense is committed during school hours, or
the offense is committed at times when persons under the age of
18 are reasonably expected to be present in the school, in the
conveyance, on the real property, or on the public way, such as
when after-school activities are occurring, is guilty of a
Class 2 1 felony, the fine for which shall not exceed $200,000;
(b) Any person who violates subsection (d) of Section 5 in
any school, on the real property comprising any school, or any
conveyance owned, leased or contracted by a school to transport
students to or from school or a school-related school related

10000SB1980ham001 - 34 - LRB100 11410 RLC 27200 a
activity, or on any public way within 500 1,000 feet of the
real property comprising any school, or in any conveyance
owned, leased or contracted by a school to transport students
to or from school or a school-related school related activity
and at the time of the violation persons under the age of 18
are present, the offense is committed during school hours, or
the offense is committed at times when persons under the age of
18 are reasonably expected to be present in the school, in the
conveyance, on the real property, or on the public way, such as
when after-school activities are occurring, is guilty of a
Class 3 2 felony, the fine for which shall not exceed $100,000;
(c) Any person who violates subsection (c) of Section 5
with respect to more than 15 grams of any substance containing
cannabis in any school, on the real property comprising any
school, or any conveyance owned, leased or contracted by a
school to transport students to or from school or a
school-related school related activity, or on any public way
within 500 1,000 feet of the real property comprising any
school, or in any conveyance owned, leased or contracted by a
school to transport students to or from school or a
school-related school related activity and at the time of the
violation persons under the age of 18 are present, the offense
is committed during school hours, or the offense is committed
at times when persons under the age of 18 are reasonably
expected to be present in the school, in the conveyance, on the
real property, or on the public way, such as when after-school

10000SB1980ham001 - 35 - LRB100 11410 RLC 27200 a
activities are occurring, is guilty of a Class 4 3 felony, the
fine for which shall not exceed $50,000;
(d) (Blank) Any person who violates subsection (b) of
Section 5 in any school, on the real property comprising any
school, or any conveyance owned, leased or contracted by a
school to transport students to or from school or a school
related activity, or on any public way within 1,000 feet of the
real property comprising any school, or any conveyance owned,
leased or contracted by a school to transport students to or
from school or a school related activity, is guilty of a Class
4 felony, the fine for which shall not exceed $25,000;
(e) (Blank) Any person who violates subsection (a) of
Section 5 in any school, on the real property comprising any
school, or any conveyance owned, leased or contracted by a
school to transport students to or from school or a school
related activity, on any public way within 1,000 feet of the
real property comprising any school, or any conveyance owned,
leased or contracted by a school to transport students to or
from school or a school related activity, is guilty of a Class
A misdemeanor.
(Source: P.A. 87-544.)
(720 ILCS 550/7) (from Ch. 56 1/2, par. 707)
Sec. 7. Delivery of cannabis by a person at least 18 years
of age to a person under 18 years of age who is at least 3 years
his or her junior.

10000SB1980ham001 - 36 - LRB100 11410 RLC 27200 a
(a) Any person who is at least 18 years of age who violates
subsection (f) of Section 5 of this Act by delivering cannabis
to a person under 18 years of age who is at least 3 years his
junior may, at the discretion of the court, be sentenced to a
maximum term of imprisonment that is equal to the maximum term
of imprisonment for the underlying offense plus the minimum
term of imprisonment for the underlying offense. may be
sentenced to imprisonment for a term up to twice the maximum
term otherwise authorized by Section 5.
(b) Any person under 18 years of age who violates Section 4
or 5 of this Act may be treated by the court in accordance with
the Juvenile Court Act of 1987.
(Source: P.A. 85-1209.)
(720 ILCS 550/8) (from Ch. 56 1/2, par. 708)
Sec. 8. It is unlawful for any person knowingly to produce
the cannabis sativa plant or to possess such plants unless
production or possession has been authorized pursuant to the
provisions of Section 11 or 15.2 of the Act. Any person who
violates this Section with respect to production or possession
of:
(a) Not more than 5 plants is guilty of a Class B A
misdemeanor.
(b) More than 5, but not more than 20 plants, is guilty of
a Class A misdemeanor 4 felony.
(c) More than 20, but not more than 50 plants, is guilty of

10000SB1980ham001 - 37 - LRB100 11410 RLC 27200 a
a Class 4 3 felony.
(d) More than 50, but not more than 200 plants, is guilty
of a Class 3 2 felony for which a fine not to exceed $100,000
may be imposed and for which liability for the cost of
conducting the investigation and eradicating such plants may be
assessed. Compensation for expenses incurred in the
enforcement of this provision shall be transmitted to and
deposited in the treasurer's office at the level of government
represented by the Illinois law enforcement agency whose
officers or employees conducted the investigation or caused the
arrest or arrests leading to the prosecution, to be
subsequently made available to that law enforcement agency as
expendable receipts for use in the enforcement of laws
regulating controlled substances and cannabis. If such seizure
was made by a combination of law enforcement personnel
representing different levels of government, the court levying
the assessment shall determine the allocation of such
assessment. The proceeds of assessment awarded to the State
treasury shall be deposited in a special fund known as the Drug
Traffic Prevention Fund.
(e) More than 200 plants is guilty of a Class 2 1 felony
for which a fine not to exceed $100,000 may be imposed and for
which liability for the cost of conducting the investigation
and eradicating such plants may be assessed. Compensation for
expenses incurred in the enforcement of this provision shall be
transmitted to and deposited in the treasurer's office at the

10000SB1980ham001 - 38 - LRB100 11410 RLC 27200 a
level of government represented by the Illinois law enforcement
agency whose officers or employees conducted the investigation
or caused the arrest or arrests leading to the prosecution, to
be subsequently made available to that law enforcement agency
as expendable receipts for use in the enforcement of laws
regulating controlled substances and cannabis. If such seizure
was made by a combination of law enforcement personnel
representing different levels of government, the court levying
the assessment shall determine the allocation of such
assessment. The proceeds of assessment awarded to the State
treasury shall be deposited in a special fund known as the Drug
Traffic Prevention Fund.
(Source: P.A. 98-1072, eff. 1-1-15.)
(720 ILCS 550/10) (from Ch. 56 1/2, par. 710)
Sec. 10. (a) Whenever any person who has not previously
been convicted of, or placed on probation or court supervision
for, any felony offense under this Act or any law of the United
States or of any State relating to cannabis, or controlled
substances as defined in the Illinois Controlled Substances
Act, pleads guilty to or is found guilty of violating Sections
4(a), 4(b), 4(c), 5(a), 5(b), 5(c) or 8 of this Act, the court
may, without entering a judgment and with the consent of such
person, sentence him to probation.
(b) When a person is placed on probation, the court shall
enter an order specifying a period of probation of 24 months,

10000SB1980ham001 - 39 - LRB100 11410 RLC 27200 a
and shall defer further proceedings in the case until the
conclusion of the period or until the filing of a petition
alleging violation of a term or condition of probation.
(c) The conditions of probation shall be that the person:
(1) not violate any criminal statute of any jurisdiction; (2)
refrain from possession of a firearm or other dangerous weapon;
(3) submit to periodic drug testing at a time and in a manner
as ordered by the court, but no less than 3 times during the
period of the probation, with the cost of the testing to be
paid by the probationer; and (4) perform no less than 30 hours
of community service, provided community service is available
in the jurisdiction and is funded and approved by the county
board.
(d) The court may, in addition to other conditions, require
that the person:
(1) make a report to and appear in person before or
participate with the court or such courts, person, or
social service agency as directed by the court in the order
of probation;
(2) pay a fine and costs;
(3) work or pursue a course of study or vocational
training;
(4) undergo medical or psychiatric treatment; or
treatment for drug addiction or alcoholism;
(5) attend or reside in a facility established for the
instruction or residence of defendants on probation;

10000SB1980ham001 - 40 - LRB100 11410 RLC 27200 a
(6) support his dependents;
(7) refrain from possessing a firearm or other
dangerous weapon;
(7-5) refrain from having in his or her body the
presence of any illicit drug prohibited by the Cannabis
Control Act, the Illinois Controlled Substances Act, or the
Methamphetamine Control and Community Protection Act,
unless prescribed by a physician, and submit samples of his
or her blood or urine or both for tests to determine the
presence of any illicit drug;
(8) and in addition, if a minor:
(i) reside with his parents or in a foster home;
(ii) attend school;
(iii) attend a non-residential program for youth;
(iv) contribute to his own support at home or in a
foster home.
(e) Upon violation of a term or condition of probation, the
court may enter a judgment on its original finding of guilt and
proceed as otherwise provided.
(f) Upon fulfillment of the terms and conditions of
probation, the court shall discharge such person and dismiss
the proceedings against him.
(g) A disposition of probation is considered to be a
conviction for the purposes of imposing the conditions of
probation and for appeal, however, discharge and dismissal
under this Section is not a conviction for purposes of

10000SB1980ham001 - 41 - LRB100 11410 RLC 27200 a
disqualification or disabilities imposed by law upon
conviction of a crime (including the additional penalty imposed
for subsequent offenses under Section 4(c), 4(d), 5(c) or 5(d)
of this Act).
(h) (Blank). Discharge and dismissal under this Section,
Section 410 of the Illinois Controlled Substances Act, Section
70 of the Methamphetamine Control and Community Protection Act,
Section 5-6-3.3 or 5-6-3.4 of the Unified Code of Corrections,
or subsection (c) of Section 11-14 of the Criminal Code of 1961
or the Criminal Code of 2012 may occur only once with respect
to any person.
(i) If a person is convicted of an offense under this Act,
the Illinois Controlled Substances Act, or the Methamphetamine
Control and Community Protection Act within 5 years subsequent
to a discharge and dismissal under this Section, the discharge
and dismissal under this Section shall be admissible in the
sentencing proceeding for that conviction as a factor in
aggravation.
(j) Notwithstanding subsection (a), before a person is
sentenced to probation under this Section, the court may refer
the person to the drug court established in that judicial
circuit pursuant to Section 15 of the Drug Court Treatment Act.
The drug court team shall evaluate the person's likelihood of
successfully completing a sentence of probation under this
Section and shall report the results of its evaluation to the
court. If the drug court team finds that the person suffers

10000SB1980ham001 - 42 - LRB100 11410 RLC 27200 a
from a substance abuse problem that makes him or her
substantially unlikely to successfully complete a sentence of
probation under this Section, then the drug court shall set
forth its findings in the form of a written order, and the
person shall not be sentenced to probation under this Section,
but shall may be considered for the drug court program.
(Source: P.A. 98-164, eff. 1-1-14; 99-480, eff. 9-9-15.)
(720 ILCS 550/9 rep.)
Section 30. The Cannabis Control Act is amended by
repealing Section 9.
Section 35. The Illinois Controlled Substances Act is
amended by changing Sections 401, 401.1, 402, 404, 405.2, 407,
407.1, 407.2, and 410 as follows:
(720 ILCS 570/401) (from Ch. 56 1/2, par. 1401)
Sec. 401. Manufacture or delivery, or possession with
intent to manufacture or deliver, a controlled substance, a
counterfeit substance, or controlled substance analog. Except
as authorized by this Act, it is unlawful for any person
knowingly to manufacture or deliver, or possess with intent to
manufacture or deliver, a controlled substance other than
methamphetamine and other than bath salts as defined in the
Bath Salts Prohibition Act sold or offered for sale in a retail
mercantile establishment as defined in Section 16-0.1 of the

10000SB1980ham001 - 43 - LRB100 11410 RLC 27200 a
Criminal Code of 2012, a counterfeit substance, or a controlled
substance analog. A violation of this Act with respect to each
of the controlled substances listed herein constitutes a single
and separate violation of this Act. For purposes of this
Section, "controlled substance analog" or "analog" means a
substance, other than a controlled substance, that has a
chemical structure substantially similar to that of a
controlled substance in Schedule I or II, or that was
specifically designed to produce an effect substantially
similar to that of a controlled substance in Schedule I or II.
Examples of chemical classes in which controlled substance
analogs are found include, but are not limited to, the
following: phenethylamines, N-substituted piperidines,
morphinans, ecgonines, quinazolinones, substituted indoles,
and arylcycloalkylamines. For purposes of this Act, a
controlled substance analog shall be treated in the same manner
as the controlled substance to which it is substantially
similar.
(a) Any person who violates this Section with respect to
the following amounts of controlled or counterfeit substances
or controlled substance analogs, notwithstanding any of the
provisions of subsections (c), (d), (e), (f), (g) or (h) to the
contrary, is guilty of a Class X felony and shall be sentenced
for the class of offense to a term of imprisonment as provided
in this subsection (a) and fined as provided in subsection (b):
(1) (A) a Class 2 felony not less than 6 years and not

10000SB1980ham001 - 44 - LRB100 11410 RLC 27200 a
more than 30 years with respect to 15 grams or more but
less than 100 grams of a substance containing heroin,
or an analog thereof;
(B) a Class 1 felony not less than 9 years and not
more than 40 years with respect to 100 grams or more
but less than 900 400 grams of a substance containing
heroin, or an analog thereof;
(C) (blank); not less than 12 years and not more
than 50 years with respect to 400 grams or more but
less than 900 grams of a substance containing heroin,
or an analog thereof;
(D) a Class 1 felony for which the person, if
sentenced to a term of imprisonment, shall be sentenced
to not less than 6 15 years and not more than 30 60
years with respect to 900 grams or more of any
substance containing heroin, or an analog thereof;
(1.5) (A) a Class 2 felony not less than 6 years and
not more than 30 years with respect to 15 grams or more
but less than 100 grams of a substance containing
fentanyl, or an analog thereof;
(B) a Class 1 felony not less than 9 years and not
more than 40 years with respect to 100 grams or more
but less than 900 400 grams of a substance containing
fentanyl, or an analog thereof;
(C) (blank); not less than 12 years and not more
than 50 years with respect to 400 grams or more but

10000SB1980ham001 - 45 - LRB100 11410 RLC 27200 a
less than 900 grams of a substance containing fentanyl,
or an analog thereof;
(D) a Class 1 felony for which the person, if
sentenced to a term of imprisonment, shall be sentenced
to not less than 6 15 years and not more than 30 60
years with respect to 900 grams or more of a substance
containing fentanyl, or an analog thereof;
(2) (A) a Class 2 felony not less than 6 years and not
more than 30 years with respect to 15 grams or more but
less than 100 grams of a substance containing cocaine,
or an analog thereof;
(B) a Class 1 felony not less than 9 years and not
more than 40 years with respect to 100 grams or more
but less than 900 400 grams of a substance containing
cocaine, or an analog thereof;
(C) (blank); not less than 12 years and not more
than 50 years with respect to 400 grams or more but
less than 900 grams of a substance containing cocaine,
or an analog thereof;
(D) a Class 1 felony for which the person, if
sentenced to a term of imprisonment, shall be sentenced
to not less than 6 15 years and not more than 30 60
years with respect to 900 grams or more of any
substance containing cocaine, or an analog thereof;
(3) (A) a Class 2 felony not less than 6 years and not
more than 30 years with respect to 15 grams or more but

10000SB1980ham001 - 46 - LRB100 11410 RLC 27200 a
less than 100 grams of a substance containing morphine,
or an analog thereof;
(B) a Class 1 felony not less than 9 years and not
more than 40 years with respect to 100 grams or more
but less than 900 400 grams of a substance containing
morphine, or an analog thereof;
(C) (blank); not less than 12 years and not more
than 50 years with respect to 400 grams or more but
less than 900 grams of a substance containing morphine,
or an analog thereof;
(D) a Class 1 felony for which the person, if
sentenced to a term of imprisonment, shall be sentenced
to not less than 6 15 years and not more than 30 60
years with respect to 900 grams or more of a substance
containing morphine, or an analog thereof;
(4) a Class 1 felony with respect to 200 grams or more
of any substance containing peyote, or an analog thereof;
(5) a Class 1 felony with respect to 200 grams or more
of any substance containing a derivative of barbituric acid
or any of the salts of a derivative of barbituric acid, or
an analog thereof;
(6) a Class 1 felony with respect to 200 grams or more
of any substance containing amphetamine or any salt of an
optical isomer of amphetamine, or an analog thereof;
(6.5) (blank);
(6.6) (blank);

10000SB1980ham001 - 47 - LRB100 11410 RLC 27200 a
(7) (A) a Class 2 felony not less than 6 years and not
more than 30 years with respect to: (i) 15 grams or
more but less than 100 grams of a substance containing
lysergic acid diethylamide (LSD), or an analog
thereof, or (ii) 15 or more objects or 15 or more
segregated parts of an object or objects but less than
200 objects or 200 segregated parts of an object or
objects containing in them or having upon them any
amounts of any substance containing lysergic acid
diethylamide (LSD), or an analog thereof;
(B) a Class 1 felony not less than 9 years and not
more than 40 years with respect to: (i) 100 grams or
more but less than 900 400 grams of a substance
containing lysergic acid diethylamide (LSD), or an
analog thereof, or (ii) 200 or more objects or 200 or
more segregated parts of an object or objects but less
than 1500 600 objects or less than 1500 600 segregated
parts of an object or objects containing in them or
having upon them any amount of any substance containing
lysergic acid diethylamide (LSD), or an analog
thereof;
(C) (blank); not less than 12 years and not more
than 50 years with respect to: (i) 400 grams or more
but less than 900 grams of a substance containing
lysergic acid diethylamide (LSD), or an analog
thereof, or (ii) 600 or more objects or 600 or more

10000SB1980ham001 - 48 - LRB100 11410 RLC 27200 a
segregated parts of an object or objects but less than
1500 objects or 1500 segregated parts of an object or
objects containing in them or having upon them any
amount of any substance containing lysergic acid
diethylamide (LSD), or an analog thereof;
(D) a Class 1 felony for which the person, if
sentenced to a term of imprisonment, shall be sentenced
to not less than 6 15 years and not more than 30 60
years with respect to: (i) 900 grams or more of any
substance containing lysergic acid diethylamide (LSD),
or an analog thereof, or (ii) 1500 or more objects or
1500 or more segregated parts of an object or objects
containing in them or having upon them any amount of a
substance containing lysergic acid diethylamide (LSD),
or an analog thereof;
(7.5) (A) a Class 2 felony not less than 6 years and
not more than 30 years with respect to: (i) 15 grams or
more but less than 100 grams of a substance listed in
paragraph (1), (2), (2.1), (2.2), (3), (14.1), (19),
(20), (20.1), (21), (25), or (26) of subsection (d) of
Section 204, or an analog or derivative thereof, or
(ii) 15 or more pills, tablets, caplets, capsules, or
objects but less than 200 pills, tablets, caplets,
capsules, or objects containing in them or having upon
them any amounts of any substance listed in paragraph
(1), (2), (2.1), (2.2), (3), (14.1), (19), (20),

10000SB1980ham001 - 49 - LRB100 11410 RLC 27200 a
(20.1), (21), (25), or (26) of subsection (d) of
Section 204, or an analog or derivative thereof;
(B) a Class 1 felony not less than 9 years and not
more than 40 years with respect to: (i) 100 grams or
more but less than 400 grams of a substance listed in
paragraph (1), (2), (2.1), (2.2), (3), (14.1), (19),
(20), (20.1), (21), (25), or (26) of subsection (d) of
Section 204, or an analog or derivative thereof, or
(ii) 200 or more pills, tablets, caplets, capsules, or
objects but less than 600 pills, tablets, caplets,
capsules, or objects containing in them or having upon
them any amount of any substance listed in paragraph
(1), (2), (2.1), (2.2), (3), (14.1), (19), (20),
(20.1), (21), (25), or (26) of subsection (d) of
Section 204, or an analog or derivative thereof;
(C) a Class 1 felony for which the person, if
sentenced to a term of imprisonment, shall be sentenced
to not less than 6 12 years and not more than 30 50
years with respect to: (i) 400 grams or more but less
than 900 grams of a substance listed in paragraph (1),
(2), (2.1), (2.2), (3), (14.1), (19), (20), (20.1),
(21), (25), or (26) of subsection (d) of Section 204,
or an analog or derivative thereof, or (ii) 600 or more
pills, tablets, caplets, capsules, or objects but less
than 1,500 pills, tablets, caplets, capsules, or
objects containing in them or having upon them any

10000SB1980ham001 - 50 - LRB100 11410 RLC 27200 a
amount of any substance listed in paragraph (1), (2),
(2.1), (2.2), (3), (14.1), (19), (20), (20.1), (21),
(25), or (26) of subsection (d) of Section 204, or an
analog or derivative thereof;
(D) (blank); not less than 15 years and not more
than 60 years with respect to: (i) 900 grams or more of
any substance listed in paragraph (1), (2), (2.1),
(2.2), (3), (14.1), (19), (20), (20.1), (21), (25), or
(26) of subsection (d) of Section 204, or an analog or
derivative thereof, or (ii) 1,500 or more pills,
tablets, caplets, capsules, or objects containing in
them or having upon them any amount of a substance
listed in paragraph (1), (2), (2.1), (2.2), (3),
(14.1), (19), (20), (20.1), (21), (25), or (26) of
subsection (d) of Section 204, or an analog or
derivative thereof;
(8) a Class 1 felony with respect to 30 grams or more
of any substance containing pentazocine or any of the
salts, isomers and salts of isomers of pentazocine, or an
analog thereof;
(9) a Class 1 felony with respect to 30 grams or more
of any substance containing methaqualone or any of the
salts, isomers and salts of isomers of methaqualone, or an
analog thereof;
(10) a Class 1 felony with respect to 30 grams or more
of any substance containing phencyclidine or any of the

10000SB1980ham001 - 51 - LRB100 11410 RLC 27200 a
salts, isomers and salts of isomers of phencyclidine (PCP),
or an analog thereof;
(10.5) a Class 1 felony with respect to 30 grams or
more of any substance containing ketamine or any of the
salts, isomers and salts of isomers of ketamine, or an
analog thereof;
(10.6) a Class 1 felony with respect to 100 grams or
more of any substance containing hydrocodone, or any of the
salts, isomers and salts of isomers of hydrocodone, or an
analog thereof;
(10.7) a Class 1 felony with respect to 100 grams or
more of any substance containing dihydrocodeinone, or any
of the salts, isomers and salts of isomers of
dihydrocodeinone, or an analog thereof;
(10.8) a Class 1 felony with respect to 100 grams or
more of any substance containing dihydrocodeine, or any of
the salts, isomers and salts of isomers of dihydrocodeine,
or an analog thereof;
(10.9) a Class 1 felony with respect to 100 grams or
more of any substance containing oxycodone, or any of the
salts, isomers and salts of isomers of oxycodone, or an
analog thereof;
(11) a Class 1 felony with respect to 200 grams or more
of any substance containing any other controlled substance
classified in Schedules I or II, or an analog thereof,
which is not otherwise included in this subsection.

10000SB1980ham001 - 52 - LRB100 11410 RLC 27200 a
(b) Any person sentenced with respect to violations of
paragraph (1), (2), (3), (7), or (7.5) of subsection (a)
involving 100 grams or more of the controlled substance named
therein, may in addition to the penalties provided therein, be
fined an amount not more than $500,000 or the full street value
of the controlled or counterfeit substance or controlled
substance analog, whichever is greater. The term "street value"
shall have the meaning ascribed in Section 110-5 of the Code of
Criminal Procedure of 1963. Any person sentenced with respect
to any other provision of subsection (a), may in addition to
the penalties provided therein, be fined an amount not to
exceed $500,000.
(b-1) Excluding violations of this Act when the controlled
substance is fentanyl, any person sentenced to a term of
imprisonment with respect to violations of Section 401, 401.1,
405, 405.1, 405.2, or 407, when it is proven that the person
knew or should have known that the substance containing the
controlled substance contained contains any amount of
fentanyl, a term of imprisonment not to exceed 3 years may, at
the discretion of the court, shall be added to the term of
imprisonment imposed by the court, and the maximum sentence for
the offense, if the additional term is imposed, shall be
increased by that period of time not to exceed 3 years.
(c) Any person who violates this Section with regard to the
following amounts of controlled or counterfeit substances or
controlled substance analogs, notwithstanding any of the

10000SB1980ham001 - 53 - LRB100 11410 RLC 27200 a
provisions of subsections (a), (b), (d), (e), (f), (g) or (h)
to the contrary, shall be sentenced for the class of offense as
provided in this subsection (c) is guilty of a Class 1 felony.
The fine for violation of this subsection (c) shall not be more
than $250,000:
(1) a Class 3 felony with respect to 1 gram or more but
less than 15 grams of any substance containing heroin, or
an analog thereof;
(1.5) a Class 3 felony with respect to 1 gram or more
but less than 15 grams of any substance containing
fentanyl, or an analog thereof;
(2) a Class 3 felony with respect to 1 gram or more but
less than 15 grams of any substance containing cocaine, or
an analog thereof;
(3) a Class 3 felony with respect to 5 10 grams or more
but less than 15 grams of any substance containing
morphine, or an analog thereof;
(4) a Class 2 felony with respect to 50 grams or more
but less than 200 grams of any substance containing peyote,
or an analog thereof;
(4.5) a Class 3 felony with respect to 10 grams or more
but less than 50 grams of any substance containing peyote,
or an analog thereof;
(5) a Class 2 felony with respect to 50 grams or more
but less than 200 grams of any substance containing a
derivative of barbituric acid or any of the salts of a

10000SB1980ham001 - 54 - LRB100 11410 RLC 27200 a
derivative of barbituric acid, or an analog thereof;
(5.5) a Class 3 felony with respect to 10 grams or more
but less than 50 grams of any substance containing a
derivative of barbituric acid or any of the salts of a
derivative of barbituric acid, or an analog thereof;
(6) a Class 2 felony with respect to 50 grams or more
but less than 200 grams of any substance containing
amphetamine or any salt of an optical isomer of
amphetamine, or an analog thereof;
(6.1) a Class 3 felony with respect to 10 grams or more
but less than 50 grams of any substance containing
amphetamine or any salt of an optical isomer of
amphetamine, or an analog thereof;
(6.5) (blank);
(7) a Class 3 felony with respect to (i) 5 grams or
more but less than 15 grams of any substance containing
lysergic acid diethylamide (LSD), or an analog thereof, or
(ii) more than 10 objects or more than 10 segregated parts
of an object or objects but less than 15 objects or less
than 15 segregated parts of an object containing in them or
having upon them any amount of any substance containing
lysergic acid diethylamide (LSD), or an analog thereof;
(7.5) a Class 3 felony with respect to (i) 5 grams or
more but less than 15 grams of any substance listed in
paragraph (1), (2), (2.1), (2.2), (3), (14.1), (19), (20),
(20.1), (21), (25), or (26) of subsection (d) of Section

10000SB1980ham001 - 55 - LRB100 11410 RLC 27200 a
204, or an analog or derivative thereof, or (ii) more than
10 pills, tablets, caplets, capsules, or objects but less
than 15 pills, tablets, caplets, capsules, or objects
containing in them or having upon them any amount of any
substance listed in paragraph (1), (2), (2.1), (2.2), (3),
(14.1), (19), (20), (20.1), (21), (25), or (26) of
subsection (d) of Section 204, or an analog or derivative
thereof;
(8) a Class 2 felony with respect to 10 grams or more
but less than 30 grams of any substance containing
pentazocine or any of the salts, isomers and salts of
isomers of pentazocine, or an analog thereof;
(8.5) a Class 3 felony with respect to 5 grams or more
but less than 10 grams of pentazocine, or an analog
thereof;
(9) a Class 2 felony with respect to 10 grams or more
but less than 30 grams of any substance containing
methaqualone or any of the salts, isomers and salts of
isomers of methaqualone, or an analog thereof;
(9.5) a Class 3 felony with respect to 5 grams or more
but less than 10 grams of any substance containing
methaqualone or any of the salts, isomers and salts of
isomers of methaqualone, or an analog thereof;
(10) a Class 2 felony with respect to 10 grams or more
but less than 30 grams of any substance containing
phencyclidine or any of the salts, isomers and salts of

10000SB1980ham001 - 56 - LRB100 11410 RLC 27200 a
isomers of phencyclidine (PCP), or an analog thereof;
(10.1) a Class 3 felony with respect to 5 grams or more
but less than 10 grams of any substance containing
phencyclidine or any of the salts, isomers and salts of
isomers of phencyclidine (PCP), or an analog thereof;
(10.5) a Class 2 felony with respect to 10 grams or
more but less than 30 grams of any substance containing
ketamine or any of the salts, isomers and salts of isomers
of ketamine, or an analog thereof;
(10.5-1) a Class 3 felony with respect to 5 grams or
more but less than 10 grams of any substance containing
ketamine or any of the salts, isomers and salts of isomers
of ketamine, or an analog thereof;
(10.6) a Class 2 felony with respect to 50 grams or
more but less than 100 grams of any substance containing
hydrocodone, or any of the salts, isomers and salts of
isomers of hydrocodone, or an analog thereof;
(10.6-1) a Class 3 felony with respect to 10 grams or
more but less than 50 grams of any substance containing
hydrocodone, or any of the salts, isomers and salts of
isomers of hydrocodone, or an analog thereof;
(10.7) a Class 2 felony with respect to 50 grams or
more but less than 100 grams of any substance containing
dihydrocodeinone, or any of the salts, isomers and salts of
isomers of dihydrocodeinone, or an analog thereof;
(10.7-1) a Class 3 felony with respect to 10 grams or

10000SB1980ham001 - 57 - LRB100 11410 RLC 27200 a
more but less than 50 grams of any substance containing
dihydrocodeinone, or any of the salts, isomers and salts of
isomers of dihydrocodeinone, or an analog thereof;
(10.8) a Class 2 felony with respect to 50 grams or
more but less than 100 grams of any substance containing
dihydrocodeine, or any of the salts, isomers and salts of
isomers of dihydrocodeine, or an analog thereof;
(10.8-1) a Class 3 felony with respect to 10 grams or
more but less than 50 grams of any substance containing
dihydrocodeine, or any of the salts, isomers and salts of
isomers of dihydrocodeine, or an analog thereof;
(10.9) a Class 2 felony with respect to 50 grams or
more but less than 100 grams of any substance containing
oxycodone, or any of the salts, isomers and salts of
isomers of oxycodone, or an analog thereof;
(10.9-1) a Class 3 felony with respect to 10 grams or
more but less than 50 grams of any substance containing
oxycodone, or any of the salts, isomers and salts of
isomers of oxycodone, or an analog thereof;
(11) a Class 2 felony with respect to 50 grams or more
but less than 200 grams of any substance containing a
substance classified in Schedules I or II, or an analog
thereof, which is not otherwise included in this subsection
(c).
(11.1) a Class 3 felony with respect to 10 grams or
more but less than 50 grams grams of any substance

10000SB1980ham001 - 58 - LRB100 11410 RLC 27200 a
containing a substance classified in Schedules I or II, or
an analog thereof, which is not otherwise included in this
subsection (c);
(c-5) (Blank).
(d) Any person who violates this Section with regard to any
other amount of a controlled or counterfeit substance
containing dihydrocodeinone or dihydrocodeine or classified in
Schedules I or II, or an analog thereof, which is not otherwise
included in subsection (a), (b), or (c), which is (i) a
narcotic drug, (ii) lysergic acid diethylamide (LSD) or an
analog thereof, (iii) any substance containing amphetamine or
fentanyl or any salt or optical isomer of amphetamine or
fentanyl, or an analog thereof, or (iv) any substance
containing N-Benzylpiperazine (BZP) or any salt or optical
isomer of N-Benzylpiperazine (BZP), or an analog thereof, is
guilty of a Class 4 2 felony. The fine for violation of this
subsection (d) shall not be more than $200,000.
(d-5) (Blank).
(e) (Blank). Any person who violates this Section with
regard to any other amount of a controlled substance other than
methamphetamine or counterfeit substance classified in
Schedule I or II, or an analog thereof, which substance is not
included under subsection (d) of this Section, is guilty of a
Class 3 felony. The fine for violation of this subsection (e)
shall not be more than $150,000.
(f) Any person who violates this Section with regard to 10

10000SB1980ham001 - 59 - LRB100 11410 RLC 27200 a
grams or more any other amount of a controlled or counterfeit
substance classified in Schedule III, which is not otherwise
included in subsection (a), (b), or (c), is guilty of a Class 3
felony. The fine for violation of this subsection (f) shall not
be more than $125,000.
(f-1) Any person who violates this Section with regard to
any other amount of a controlled or counterfeit substance
classified in Schedule III which is not otherwise included in
subsection (a), (b), or (c), is guilty of a Class 4 felony.
(g) Any person who violates this Section with regard to 10
grams or more any other amount of a controlled or counterfeit
substance classified in Schedule IV is guilty of a Class 3
felony. The fine for violation of this subsection (g) shall not
be more than $100,000.
(g-1) Any person who violates this Section with regard to
any other amount of a controlled or counterfeit substance
classified in Schedule IV which is not otherwise included in
subsection (a), (b), or (c), is guilty of a Class 4 felony.
(h) Any person who violates this Section with regard to 10
grams or more any other amount of a controlled or counterfeit
substance classified in Schedule V, which is not otherwise
included in subsection (a), (b), or (c), is guilty of a Class 3
felony. The fine for violation of this subsection (h) shall not
be more than $75,000.
(h-1) Any person who violates this Section with regard to
any other amount of a controlled or counterfeit substance

10000SB1980ham001 - 60 - LRB100 11410 RLC 27200 a
classified in Schedule V, which is not otherwise included in
subsection (a), (b), or (c), is guilty of a Class 4 felony.
(i) This Section does not apply to the manufacture,
possession or distribution of a substance in conformance with
the provisions of an approved new drug application or an
exemption for investigational use within the meaning of Section
505 of the Federal Food, Drug and Cosmetic Act.
(j) (Blank).
(Source: P.A. 99-371, eff. 1-1-16; 99-585, eff. 1-1-17.)
(720 ILCS 570/401.1) (from Ch. 56 1/2, par. 1401.1)
Sec. 401.1. Controlled Substance Trafficking.
(a) Except for purposes as authorized by this Act, any
person who knowingly brings or causes to be brought into this
State 400 grams or more of a controlled substance or 600 or
more objects or 600 or more segregated parts of an object or
objects containing in them or having upon them any amounts of
any substance containing lysergic acid diethylamide (LSD), or
an analog thereof or 600 or more pills, tablets, caplets,
capsules, or objects containing in them or having upon them any
amount of any substance listed in paragraph (1), (2), (2.1),
(2.2), (3), (14.1), (19), (20), (20.1), (21), (25), or (26) of
subsection (d) of Section 204, or an analog or derivative
thereof for the purpose of manufacture or delivery or with the
intent to manufacture or deliver a controlled substance other
than methamphetamine or counterfeit substance in this or any

10000SB1980ham001 - 61 - LRB100 11410 RLC 27200 a
other state or country is guilty of controlled substance
trafficking.
(b) Except as otherwise provided in subsection (b-5) of
this Section, a A person convicted of controlled substance
trafficking shall be sentenced for the class of an offense that
is one class higher than the amount authorized by Section 401
of this Act for the manufacture or delivery, or possession with
intent to manufacture or deliver, based upon the amount of
controlled or counterfeit substance brought or caused to be
brought into this State. If the sentence for the underlying
offense under Section 401 of this Act is a Class 1 felony for
which the offender may be sentenced to a term of imprisonment
of not less than 6 years and not more than 30 years, the
penalty for controlled substance trafficking is a Class 1
felony for which the person may be sentenced to a term of
imprisonment of not less 9 years and not more than 40 years to
a term of imprisonment not less than twice the minimum term and
fined an amount as authorized by Section 401 of this Act, based
upon the amount of controlled or counterfeit substance brought
or caused to be brought into this State, and not more than
twice the maximum term of imprisonment and fined twice the
amount as authorized by Section 401 of this Act, based upon the
amount of controlled or counterfeit substance brought or caused
to be brought into this State.
(b-5) A person convicted of controlled substance
trafficking shall be sentenced as authorized by Section 401 of

10000SB1980ham001 - 62 - LRB100 11410 RLC 27200 a
this Act, based upon the amount of the controlled or
counterfeit substance brought or caused to be brought into this
State, if the person at sentencing proves by a preponderance of
the evidence that he or she:
(1) received little or no compensation from the illegal
transport of the substance into this State and had minimal
knowledge of the scope and structure of the enterprise to
manufacture or deliver the illegal substance transported;
or
(2) was not involved in the organization or planning of
the enterprise to manufacture or deliver the illegal
substance transported.
(c) (Blank) It shall be a Class 2 felony for which a fine
not to exceed $100,000 may be imposed for any person to
knowingly use a cellular radio telecommunication device in the
furtherance of controlled substance trafficking. This penalty
shall be in addition to any other penalties imposed by law.
(Source: P.A. 94-556, eff. 9-11-05.)
(720 ILCS 570/402) (from Ch. 56 1/2, par. 1402)
Sec. 402. Except as otherwise authorized by this Act, it is
unlawful for any person knowingly to possess a controlled or
counterfeit substance or controlled substance analog. A
violation of this Act with respect to each of the controlled
substances listed herein constitutes a single and separate
violation of this Act. For purposes of this Section,

10000SB1980ham001 - 63 - LRB100 11410 RLC 27200 a
"controlled substance analog" or "analog" means a substance,
other than a controlled substance, that has a chemical
structure substantially similar to that of a controlled
substance in Schedule I or II, or that was specifically
designed to produce an effect substantially similar to that of
a controlled substance in Schedule I or II. Examples of
chemical classes in which controlled substance analogs are
found include, but are not limited to, the following:
phenethylamines, N-substituted piperidines, morphinans,
ecgonines, quinazolinones, substituted indoles, and
arylcycloalkylamines. For purposes of this Act, a controlled
substance analog shall be treated in the same manner as the
controlled substance to which it is substantially similar.
(a) Any person who violates this Section with respect to
the following controlled or counterfeit substances and
amounts, notwithstanding any of the provisions of subsections
(c) and (d) to the contrary, is guilty of a Class 1 felony and
shall, if sentenced to a term of imprisonment, be sentenced for
the class of offense as provided in this subsection (a) and
fined as provided in subsection (b):
(1) (A) a Class 3 felony not less than 4 years and not
more than 15 years with respect to 15 grams or more but
less than 100 grams of a substance containing heroin;
(B) a Class 2 felony not less than 6 years and not
more than 30 years with respect to 100 grams or more
but less than 400 grams of a substance containing

10000SB1980ham001 - 64 - LRB100 11410 RLC 27200 a
heroin;
(C) a Class 1 felony not less than 8 years and not
more than 40 years with respect to 400 grams or more
but less than 900 grams of any substance containing
heroin;
(D) (blank) not less than 10 years and not more
than 50 years with respect to 900 grams or more of any
substance containing heroin;
(1.5)(A) a Class 3 felony with respect to 15 grams or
more but less than 100 grams of a substance containing
fentanyl;
(B) a Class 2 felony with respect to 100 grams or
more but less than 400 grams of a substance containing
fentanyl;
(C) a Class 1 felony with respect to 400 grams or
more of a substance containing fentanyl;
(2) (A) a Class 3 felony not less than 4 years and not
more than 15 years with respect to 15 grams or more but
less than 100 grams of any substance containing
cocaine;
(B) a Class 2 felony not less than 6 years and not
more than 30 years with respect to 100 grams or more
but less than 400 grams of any substance containing
cocaine;
(C) a Class 1 felony not less than 8 years and not
more than 40 years with respect to 400 grams or more

10000SB1980ham001 - 65 - LRB100 11410 RLC 27200 a
but less than 900 grams of any substance containing
cocaine;
(D) (blank) not less than 10 years and not more
than 50 years with respect to 900 grams or more of any
substance containing cocaine;
(3) (A) a Class 3 felony not less than 4 years and not
more than 15 years with respect to 15 grams or more but
less than 100 grams of any substance containing
morphine;
(B) a Class 2 felony not less than 6 years and not
more than 30 years with respect to 100 grams or more
but less than 400 grams of any substance containing
morphine;
(C) a Class 1 felony not less than 6 years and not
more than 40 years with respect to 400 grams or more
but less than 900 grams of any substance containing
morphine;
(D) (blank) not less than 10 years and not more
than 50 years with respect to 900 grams or more of any
substance containing morphine;
(4) a Class 2 felony with respect to 200 grams or more
of any substance containing peyote;
(4.5) a Class 4 felony with respect to 15 grams or more
but less than 200 grams of a substance containing peyote;
(5) a Class 2 felony with respect to 200 grams or more
of any substance containing a derivative of barbituric acid

10000SB1980ham001 - 66 - LRB100 11410 RLC 27200 a
or any of the salts of a derivative of barbituric acid;
(5.5) a Class 4 felony with respect to 15 grams or more
but less than 200 grams of a substance containing a
derivative of barbituric acid or any of the salts of a
derivative of barbituric acid;
(6) a Class 2 felony with respect to 200 grams or more
of any substance containing amphetamine or any salt of an
optical isomer of amphetamine;
(6.1) a Class 4 felony with respect to 15 grams or more
but less than 200 grams of a substance containing
amphetamine or any salt of an optical isomer of
amphetamine;
(6.5) (blank);
(7) (A) a Class 3 felony not less than 4 years and not
more than 15 years with respect to: (i) 15 grams or
more but less than 100 grams of any substance
containing lysergic acid diethylamide (LSD), or an
analog thereof, or (ii) 15 or more objects or 15 or
more segregated parts of an object or objects but less
than 200 objects or 200 segregated parts of an object
or objects containing in them or having upon them any
amount of any substance containing lysergic acid
diethylamide (LSD), or an analog thereof;
(B) a Class 2 felony not less than 6 years and not
more than 30 years with respect to: (i) 100 grams or
more but less than 400 grams of any substance

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containing lysergic acid diethylamide (LSD), or an
analog thereof, or (ii) 200 or more objects or 200 or
more segregated parts of an object or objects but less
than 600 objects or less than 600 segregated parts of
an object or objects containing in them or having upon
them any amount of any substance containing lysergic
acid diethylamide (LSD), or an analog thereof;
(C) a Class 1 felony not less than 8 years and not
more than 40 years with respect to: (i) 400 grams or
more but less than 900 grams of any substance
containing lysergic acid diethylamide (LSD), or an
analog thereof, or (ii) 600 or more objects or 600 or
more segregated parts of an object or objects but less
than 1500 objects or 1500 segregated parts of an object
or objects containing in them or having upon them any
amount of any substance containing lysergic acid
diethylamide (LSD), or an analog thereof;
(D) (blank) not less than 10 years and not more
than 50 years with respect to: (i) 900 grams or more of
any substance containing lysergic acid diethylamide
(LSD), or an analog thereof, or (ii) 1500 or more
objects or 1500 or more segregated parts of an object
or objects containing in them or having upon them any
amount of a substance containing lysergic acid
diethylamide (LSD), or an analog thereof;
(7.5) (A) a Class 3 felony not less than 4 years and

10000SB1980ham001 - 68 - LRB100 11410 RLC 27200 a
not more than 15 years with respect to: (i) 15 grams or
more but less than 100 grams of any substance listed in
paragraph (1), (2), (2.1), (2.2), (3), (14.1), (19),
(20), (20.1), (21), (25), or (26) of subsection (d) of
Section 204, or an analog or derivative thereof, or
(ii) 15 or more pills, tablets, caplets, capsules, or
objects but less than 200 pills, tablets, caplets,
capsules, or objects containing in them or having upon
them any amount of any substance listed in paragraph
(1), (2), (2.1), (2.2), (3), (14.1), (19), (20),
(20.1), (21), (25), or (26) of subsection (d) of
Section 204, or an analog or derivative thereof;
(B) a Class 2 felony not less than 6 years and not
more than 30 years with respect to: (i) 100 grams or
more but less than 400 grams of any substance listed in
paragraph (1), (2), (2.1), (2.2), (3), (14.1), (19),
(20), (20.1), (21), (25), or (26) of subsection (d) of
Section 204, or an analog or derivative thereof, or
(ii) 200 or more pills, tablets, caplets, capsules, or
objects but less than 600 pills, tablets, caplets,
capsules, or objects containing in them or having upon
them any amount of any substance listed in paragraph
(1), (2), (2.1), (2.2), (3), (14.1), (19), (20),
(20.1), (21), (25), or (26) of subsection (d) of
Section 204, or an analog or derivative thereof;
(C) a Class 1 felony not less than 8 years and not

10000SB1980ham001 - 69 - LRB100 11410 RLC 27200 a
more than 40 years with respect to: (i) 400 grams or
more but less than 900 grams of any substance listed in
paragraph (1), (2), (2.1), (2.2), (3), (14.1), (19),
(20), (20.1), (21), (25), or (26) of subsection (d) of
Section 204, or an analog or derivative thereof, or
(ii) 600 or more pills, tablets, caplets, capsules, or
objects but less than 1,500 pills, tablets, caplets,
capsules, or objects containing in them or having upon
them any amount of any substance listed in paragraph
(1), (2), (2.1), (2.2), (3), (14.1), (19), (20),
(20.1), (21), (25), or (26) of subsection (d) of
Section 204, or an analog or derivative thereof;
(D) (blank) not less than 10 years and not more
than 50 years with respect to: (i) 900 grams or more of
any substance listed in paragraph (1), (2), (2.1),
(2.2), (3), (14.1), (19), (20), (20.1), (21), (25), or
(26) of subsection (d) of Section 204, or an analog or
derivative thereof, or (ii) 1,500 or more pills,
tablets, caplets, capsules, or objects containing in
them or having upon them any amount of a substance
listed in paragraph (1), (2), (2.1), (2.2), (3),
(14.1), (19), (20), (20.1), (21), (25), or (26) of
subsection (d) of Section 204, or an analog or
derivative thereof;
(8) a Class 2 felony with respect to 30 grams or more
of any substance containing pentazocine or any of the

10000SB1980ham001 - 70 - LRB100 11410 RLC 27200 a
salts, isomers and salts of isomers of pentazocine, or an
analog thereof;
(8.5) a Class 4 felony with respect to 15 grams or more
but less than 30 grams of a substance containing
pentazocine or any of the salts, isomers and salts of
isomers of pentazocine, or an analog thereof;
(9) a Class 2 felony with respect to 30 grams or more
of any substance containing methaqualone or any of the
salts, isomers and salts of isomers of methaqualone;
(9.5) a Class 4 felony with respect to 15 grams or more
but less than 30 grams of a substance containing
methaqualone or any of the salts, isomers and salts of
isomers of methaqualone;
(10) a Class 2 felony with respect to 30 grams or more
of any substance containing phencyclidine or any of the
salts, isomers and salts of isomers of phencyclidine (PCP);
(10.1) a Class 4 felony with respect to 15 grams or
more but less than 30 grams of a substance containing
phencyclidine or any of the salts, isomers and salts of
isomers of phencyclidine (PCP);
(10.5) a Class 2 felony with respect to 30 grams or
more of any substance containing ketamine or any of the
salts, isomers and salts of isomers of ketamine;
(10.6) a Class 4 felony with respect to 15 grams or
more but less than 30 grams of any substance containing
ketamine or any of the salts, isomers and salts of isomers

10000SB1980ham001 - 71 - LRB100 11410 RLC 27200 a
of ketamine;
(11) a Class 2 felony with respect to 200 grams or more
of any substance containing any substance classified as a
narcotic drug in Schedules I or II, or an analog thereof,
which is not otherwise included in this subsection; .
(12) a Class 3 felony with respect to 15 grams or more
but less than 200 grams of any substance containing any
substance classified as a narcotic drug in Schedules I or
II, or an analog thereof, which is not otherwise included
in this subsection.
(b) Any person sentenced with respect to violations of
paragraph (1), (2), (3), (7), or (7.5) of subsection (a)
involving 100 grams or more of the controlled substance named
therein, may in addition to the penalties provided therein, be
fined an amount not to exceed $200,000 or the full street value
of the controlled or counterfeit substances, whichever is
greater. The term "street value" shall have the meaning
ascribed in Section 110-5 of the Code of Criminal Procedure of
1963. Any person sentenced with respect to any other provision
of subsection (a), may in addition to the penalties provided
therein, be fined an amount not to exceed $200,000.
(c) Any person who violates this Section with regard to an
amount of a controlled substance other than methamphetamine or
counterfeit substance not set forth in subsection (a) or (d) is
guilty of a Class A misdemeanor 4 felony. The fine for a
violation punishable under this subsection (c) shall not be

10000SB1980ham001 - 72 - LRB100 11410 RLC 27200 a
more than $2,500 $25,000.
(d) Any person who violates this Section with regard to any
amount of anabolic steroid is guilty of a Class C misdemeanor
for the first offense and a Class B misdemeanor for a
subsequent offense committed within 2 years of a prior
conviction.
(Source: P.A. 99-371, eff. 1-1-16.)
(720 ILCS 570/404) (from Ch. 56 1/2, par. 1404)
Sec. 404. (a) For the purposes of this Section:
(1) "Advertise" means the attempt, by publication,
dissemination, solicitation or circulation, to induce
directly or indirectly any person to acquire, or enter into
an obligation to acquire, any substance within the scope of
this Section.
(2) "Distribute" has the meaning ascribed to it in
subsection (s) of Section 102 of this Act but as relates to
look-alike substances.
(3) "Manufacture" means the producing, preparing,
compounding, processing, encapsulating, packaging,
repackaging, labeling or relabeling of a look-alike
substance.
(b) It is unlawful for any person knowingly to manufacture,
distribute, advertise, or possess with intent to manufacture or
distribute a look-alike substance. Any person who violates this
subsection (b) shall be guilty of a Class 4 3 felony, the fine

10000SB1980ham001 - 73 - LRB100 11410 RLC 27200 a
for which shall not exceed $150,000.
(c) (Blank) It is unlawful for any person knowingly to
possess a look-alike substance. Any person who violates this
subsection (c) is guilty of a petty offense. Any person
convicted of a subsequent offense under this subsection (c)
shall be guilty of a Class C misdemeanor.
(d) In any prosecution brought under this Section, it is
not a defense to a violation of this Section that the defendant
believed the look-alike substance actually to be a controlled
substance.
(e) Nothing in this Section applies to:
(1) The manufacture, processing, packaging,
distribution or sale of noncontrolled substances to
licensed medical practitioners for use as placebos in
professional practice or research.
(2) Persons acting in the course and legitimate scope
of their employment as law enforcement officers.
(3) The retention of production samples of
noncontrolled substances produced prior to the effective
date of this amendatory Act of 1982, where such samples are
required by federal law.
(f) Nothing in this Section or in this Act applies to the
lawful manufacture, processing, packaging, advertising or
distribution of a drug or drugs by any person registered
pursuant to Section 510 of the Federal Food, Drug, and Cosmetic
Act (21 U.S.C. 360).

10000SB1980ham001 - 74 - LRB100 11410 RLC 27200 a
(Source: P.A. 83-1362.)
(720 ILCS 570/405.2)
Sec. 405.2. Streetgang criminal drug conspiracy.
(a) Any person who engages in a streetgang criminal drug
conspiracy, as defined in this Section, is guilty of an offense
that is one class higher than the underlying offense under
subsection (a) or (c) of Section 401 of this Act or under the
Methamphetamine Control and Community Protection Act except
Section 60 of that Act. If the sentence for the underlying
offense is a term of imprisonment of not less than 6 years and
not more than 30 years, the penalty for streetgang criminal
drug conspiracy is a Class 1 felony for which the person may be
sentenced to a term of imprisonment of not less 9 years and not
more than 40 years. a Class X felony for which the offender
shall be sentenced to a term of imprisonment as follows:
(1)(blank) not less than 15 years and not more than 60
years for a violation of subsection (a) of Section 401;
(2) (blank) not less than 10 years and not more than 30
years for a violation of subsection (c) of Section 401.
For the purposes of this Section, a person engages in a
streetgang criminal drug conspiracy when:
(i) he or she violates any of the provisions of
subsection (a) or (c) of Section 401 of this Act or any
provision of the Methamphetamine Control and Community
Protection Act except Section 60 of that Act; and

10000SB1980ham001 - 75 - LRB100 11410 RLC 27200 a
(ii) such violation is part of a conspiracy undertaken
or carried out with 2 or more other persons; and
(iii) such conspiracy is in furtherance of the
activities of an organized gang as defined in the Illinois
Streetgang Terrorism Omnibus Prevention Act; and
(iv) he or she occupies a position of organizer, a
supervising person, or any other position of management
with those persons identified in clause (ii) of this
subsection (a).
The fine for a violation of this Section shall not be more
than $500,000, and the offender shall be subject to the
forfeitures prescribed in subsection (b).
(b) Subject to the provisions of Section 8 of the Drug
Asset Forfeiture Procedure Act, any person who is convicted
under this Section of engaging in a streetgang criminal drug
conspiracy shall forfeit to the State of Illinois:
(1) the receipts obtained by him or her in such
conspiracy; and
(2) any of his or her interests in, claims against,
receipts from, or property or rights of any kind affording
a source of influence over, such conspiracy.
(c) The circuit court may enter such injunctions,
restraining orders, directions or prohibitions, or may take
such other actions, including the acceptance of satisfactory
performance bonds, in connection with any property, claim,
receipt, right or other interest subject to forfeiture under

10000SB1980ham001 - 76 - LRB100 11410 RLC 27200 a
this Section, as it deems proper.
(Source: P.A. 94-556, eff. 9-11-05.)
(720 ILCS 570/407) (from Ch. 56 1/2, par. 1407)
Sec. 407. (a) (1)(A) Any person 18 years of age or over who
violates any subsection of Section 401 or subsection (b) of
Section 404 by delivering a controlled, counterfeit or
look-alike substance to a person under 18 years of age may, at
the discretion of the court, be sentenced to a maximum term of
imprisonment that is equal to the maximum term of imprisonment
for the underlying offense plus the minimum term of
imprisonment for the underlying offense may be sentenced to
imprisonment for a term up to twice the maximum term and fined
an amount up to twice that amount otherwise authorized by the
pertinent subsection of Section 401 and Subsection (b) of
Section 404.
(B) (Blank).
(2) (Blank). Except as provided in paragraph (3) of this
subsection, any person who violates:
(A) subsection (c) of Section 401 by delivering or
possessing with intent to deliver a controlled,
counterfeit, or look-alike substance in or on, or within
1,000 feet of, a truck stop or safety rest area, is guilty
of a Class 1 felony, the fine for which shall not exceed
$250,000;
(B) subsection (d) of Section 401 by delivering or

10000SB1980ham001 - 77 - LRB100 11410 RLC 27200 a
possessing with intent to deliver a controlled,
counterfeit, or look-alike substance in or on, or within
1,000 feet of, a truck stop or safety rest area, is guilty
of a Class 2 felony, the fine for which shall not exceed
$200,000;
(C) subsection (e) of Section 401 or subsection (b) of
Section 404 by delivering or possessing with intent to
deliver a controlled, counterfeit, or look-alike substance
in or on, or within 1,000 feet of, a truck stop or safety
rest area, is guilty of a Class 3 felony, the fine for
which shall not exceed $150,000;
(D) subsection (f) of Section 401 by delivering or
possessing with intent to deliver a controlled,
counterfeit, or look-alike substance in or on, or within
1,000 feet of, a truck stop or safety rest area, is guilty
of a Class 3 felony, the fine for which shall not exceed
$125,000;
(E) subsection (g) of Section 401 by delivering or
possessing with intent to deliver a controlled,
counterfeit, or look-alike substance in or on, or within
1,000 feet of, a truck stop or safety rest area, is guilty
of a Class 3 felony, the fine for which shall not exceed
$100,000;
(F) subsection (h) of Section 401 by delivering or
possessing with intent to deliver a controlled,
counterfeit, or look-alike substance in or on, or within

10000SB1980ham001 - 78 - LRB100 11410 RLC 27200 a
1,000 feet of, a truck stop or safety rest area, is guilty
of a Class 3 felony, the fine for which shall not exceed
$75,000;
(3) (Blank). Any person who violates paragraph (2) of this
subsection (a) by delivering or possessing with intent to
deliver a controlled, counterfeit, or look-alike substance in
or on, or within 1,000 feet of a truck stop or a safety rest
area, following a prior conviction or convictions of paragraph
(2) of this subsection (a) may be sentenced to a term of
imprisonment up to 2 times the maximum term and fined an amount
up to 2 times the amount otherwise authorized by Section 401.
(4) (Blank). For the purposes of this subsection (a):
(A) "Safety rest area" means a roadside facility
removed from the roadway with parking and facilities
designed for motorists' rest, comfort, and information
needs; and
(B) "Truck stop" means any facility (and its parking
areas) used to provide fuel or service, or both, to any
commercial motor vehicle as defined in Section 18b-101 of
the Illinois Vehicle Code.
(b) Any person who violates any subsection of Section 401
or subsection (b) of Section 404 in any school, or any
conveyance owned, leased or contracted by a school to transport
students to or from school or a school-related activity, or
public park, on the real property comprising any school, or
within 500 feet of the real property comprising any school,

10000SB1980ham001 - 79 - LRB100 11410 RLC 27200 a
while persons under 18 years of age are present, during school
hours, or at times when persons under 18 years of age are
reasonably expected to be present, shall be sentenced to a
class of offense that is one class higher than the sentence
otherwise authorized by the pertinent subsection of Section 401
or subsection (b) of Section 404. If the sentence otherwise
authorized by the pertinent subsection of Section 401 or
subsection (b) of Section 404 is a Class 1 felony for which the
person may be sentenced to a term of imprisonment of not less
than 4 years and not more than 15 years, the penalty for an
offense under this Section is a Class 1 felony for which the
person may be sentenced to a term of imprisonment of not less
than 6 years and not more than 30 years. If the sentence
otherwise authorized by the pertinent subsection of Section 401
or subsection (b) of Section 404 is a Class 1 felony for which
the person may be sentenced to a term of imprisonment of not
less than 6 years and not more than 30 years, the penalty for
an offense under this Section is a Class 1 felony for which the
person may be sentenced to a term of imprisonment of not less
than 9 years and not more than 40 years. :
(1) subsection (c) of Section 401 in any school, or any
conveyance owned, leased or contracted by a school to
transport students to or from school or a school related
activity, or residential property owned, operated or
managed by a public housing agency or leased by a public
housing agency as part of a scattered site or mixed-income

10000SB1980ham001 - 80 - LRB100 11410 RLC 27200 a
development, or public park, on the real property
comprising any school or residential property owned,
operated or managed by a public housing agency or leased by
a public housing agency as part of a scattered site or
mixed-income development, or public park or within 1,000
feet of the real property comprising any school or
residential property owned, operated or managed by a public
housing agency or leased by a public housing agency as part
of a scattered site or mixed-income development, or public
park, on the real property comprising any church,
synagogue, or other building, structure, or place used
primarily for religious worship, or within 1,000 feet of
the real property comprising any church, synagogue, or
other building, structure, or place used primarily for
religious worship, on the real property comprising any of
the following places, buildings, or structures used
primarily for housing or providing space for activities for
senior citizens: nursing homes, assisted-living centers,
senior citizen housing complexes, or senior centers
oriented toward daytime activities, or within 1,000 feet of
the real property comprising any of the following places,
buildings, or structures used primarily for housing or
providing space for activities for senior citizens:
nursing homes, assisted-living centers, senior citizen
housing complexes, or senior centers oriented toward
daytime activities is guilty of a Class X felony, the fine

10000SB1980ham001 - 81 - LRB100 11410 RLC 27200 a
for which shall not exceed $500,000;
(2) subsection (d) of Section 401 in any school, or any
conveyance owned, leased or contracted by a school to
transport students to or from school or a school related
activity, or residential property owned, operated or
managed by a public housing agency or leased by a public
housing agency as part of a scattered site or mixed-income
development, or public park, on the real property
comprising any school or residential property owned,
operated or managed by a public housing agency or leased by
a public housing agency as part of a scattered site or
mixed-income development, or public park or within 1,000
feet of the real property comprising any school or
residential property owned, operated or managed by a public
housing agency or leased by a public housing agency as part
of a scattered site or mixed-income development, or public
park, on the real property comprising any church,
synagogue, or other building, structure, or place used
primarily for religious worship, or within 1,000 feet of
the real property comprising any church, synagogue, or
other building, structure, or place used primarily for
religious worship, on the real property comprising any of
the following places, buildings, or structures used
primarily for housing or providing space for activities for
senior citizens: nursing homes, assisted-living centers,
senior citizen housing complexes, or senior centers

10000SB1980ham001 - 82 - LRB100 11410 RLC 27200 a
oriented toward daytime activities, or within 1,000 feet of
the real property comprising any of the following places,
buildings, or structures used primarily for housing or
providing space for activities for senior citizens:
nursing homes, assisted-living centers, senior citizen
housing complexes, or senior centers oriented toward
daytime activities is guilty of a Class 1 felony, the fine
for which shall not exceed $250,000;
(3) subsection (e) of Section 401 or Subsection (b) of
Section 404 in any school, or any conveyance owned, leased
or contracted by a school to transport students to or from
school or a school related activity, or residential
property owned, operated or managed by a public housing
agency or leased by a public housing agency as part of a
scattered site or mixed-income development, or public
park, on the real property comprising any school or
residential property owned, operated or managed by a public
housing agency or leased by a public housing agency as part
of a scattered site or mixed-income development, or public
park or within 1,000 feet of the real property comprising
any school or residential property owned, operated or
managed by a public housing agency or leased by a public
housing agency as part of a scattered site or mixed-income
development, or public park, on the real property
comprising any church, synagogue, or other building,
structure, or place used primarily for religious worship,

10000SB1980ham001 - 83 - LRB100 11410 RLC 27200 a
or within 1,000 feet of the real property comprising any
church, synagogue, or other building, structure, or place
used primarily for religious worship, on the real property
comprising any of the following places, buildings, or
structures used primarily for housing or providing space
for activities for senior citizens: nursing homes,
assisted-living centers, senior citizen housing complexes,
or senior centers oriented toward daytime activities, or
within 1,000 feet of the real property comprising any of
the following places, buildings, or structures used
primarily for housing or providing space for activities for
senior citizens: nursing homes, assisted-living centers,
senior citizen housing complexes, or senior centers
oriented toward daytime activities is guilty of a Class 2
felony, the fine for which shall not exceed $200,000;
(4) subsection (f) of Section 401 in any school, or any
conveyance owned, leased or contracted by a school to
transport students to or from school or a school related
activity, or residential property owned, operated or
managed by a public housing agency or leased by a public
housing agency as part of a scattered site or mixed-income
development, or public park, on the real property
comprising any school or residential property owned,
operated or managed by a public housing agency or leased by
a public housing agency as part of a scattered site or
mixed-income development, or public park or within 1,000

10000SB1980ham001 - 84 - LRB100 11410 RLC 27200 a
feet of the real property comprising any school or
residential property owned, operated or managed by a public
housing agency or leased by a public housing agency as part
of a scattered site or mixed-income development, or public
park, on the real property comprising any church,
synagogue, or other building, structure, or place used
primarily for religious worship, or within 1,000 feet of
the real property comprising any church, synagogue, or
other building, structure, or place used primarily for
religious worship, on the real property comprising any of
the following places, buildings, or structures used
primarily for housing or providing space for activities for
senior citizens: nursing homes, assisted-living centers,
senior citizen housing complexes, or senior centers
oriented toward daytime activities, or within 1,000 feet of
the real property comprising any of the following places,
buildings, or structures used primarily for housing or
providing space for activities for senior citizens:
nursing homes, assisted-living centers, senior citizen
housing complexes, or senior centers oriented toward
daytime activities is guilty of a Class 2 felony, the fine
for which shall not exceed $150,000;
(5) subsection (g) of Section 401 in any school, or any
conveyance owned, leased or contracted by a school to
transport students to or from school or a school related
activity, or residential property owned, operated or

10000SB1980ham001 - 85 - LRB100 11410 RLC 27200 a
managed by a public housing agency or leased by a public
housing agency as part of a scattered site or mixed-income
development, or public park, on the real property
comprising any school or residential property owned,
operated or managed by a public housing agency or leased by
a public housing agency as part of a scattered site or
mixed-income development, or public park or within 1,000
feet of the real property comprising any school or
residential property owned, operated or managed by a public
housing agency or leased by a public housing agency as part
of a scattered site or mixed-income development, or public
park, on the real property comprising any church,
synagogue, or other building, structure, or place used
primarily for religious worship, or within 1,000 feet of
the real property comprising any church, synagogue, or
other building, structure, or place used primarily for
religious worship, on the real property comprising any of
the following places, buildings, or structures used
primarily for housing or providing space for activities for
senior citizens: nursing homes, assisted-living centers,
senior citizen housing complexes, or senior centers
oriented toward daytime activities, or within 1,000 feet of
the real property comprising any of the following places,
buildings, or structures used primarily for housing or
providing space for activities for senior citizens:
nursing homes, assisted-living centers, senior citizen

10000SB1980ham001 - 86 - LRB100 11410 RLC 27200 a
housing complexes, or senior centers oriented toward
daytime activities is guilty of a Class 2 felony, the fine
for which shall not exceed $125,000;
(6) subsection (h) of Section 401 in any school, or any
conveyance owned, leased or contracted by a school to
transport students to or from school or a school related
activity, or residential property owned, operated or
managed by a public housing agency or leased by a public
housing agency as part of a scattered site or mixed-income
development, or public park, on the real property
comprising any school or residential property owned,
operated or managed by a public housing agency or leased by
a public housing agency as part of a scattered site or
mixed-income development, or public park or within 1,000
feet of the real property comprising any school or
residential property owned, operated or managed by a public
housing agency or leased by a public housing agency as part
of a scattered site or mixed-income development, or public
park, on the real property comprising any church,
synagogue, or other building, structure, or place used
primarily for religious worship, or within 1,000 feet of
the real property comprising any church, synagogue, or
other building, structure, or place used primarily for
religious worship, on the real property comprising any of
the following places, buildings, or structures used
primarily for housing or providing space for activities for

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senior citizens: nursing homes, assisted-living centers,
senior citizen housing complexes, or senior centers
oriented toward daytime activities, or within 1,000 feet of
the real property comprising any of the following places,
buildings, or structures used primarily for housing or
providing space for activities for senior citizens:
nursing homes, assisted-living centers, senior citizen
housing complexes, or senior centers oriented toward
daytime activities is guilty of a Class 2 felony, the fine
for which shall not exceed $100,000.
(c) (Blank) Regarding penalties prescribed in subsection
(b) for violations committed in a school or on or within 1,000
feet of school property, the time of day, time of year and
whether classes were currently in session at the time of the
offense is irrelevant.
(Source: P.A. 93-223, eff. 1-1-04; 94-556, eff. 9-11-05.)
(720 ILCS 570/407.1) (from Ch. 56 1/2, par. 1407.1)
Sec. 407.1. Any person 18 years of age or over who violates
any subsection of Section 401 or , Section 404 or Section 405
by using, engaging or employing a person under 18 years of age
to deliver a controlled, counterfeit or look-alike substance
may, at the discretion of the court, be sentenced to a maximum
term of imprisonment that is equal to the maximum term of
imprisonment for the underlying offense plus the minimum term
of imprisonment for the underlying offense for a term up to

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three times the maximum amount authorized by the pertinent
subsection of Section 401, Section 404 or Section 405.
(Source: P.A. 91-297, eff. 1-1-00.)
(720 ILCS 570/407.2) (from Ch. 56 1/2, par. 1407.2)
Sec. 407.2. Delivery of a controlled substance to a
pregnant woman.
(a) Any person who violates any subsection (a) of Section
401 of this Act by delivering a controlled substance to a woman
he knows to be pregnant may, at the discretion of the court, be
sentenced to a maximum term of imprisonment that is equal to
the maximum term of imprisonment for the underlying offense
plus the minimum term of imprisonment for the underlying
offense a term twice the maximum amount authorized by Section
401 of this Act.
(b) (Blank). Any person who delivers an amount of a
controlled substance set forth in subsections (c) and (d) of
Section 401 of this Act to a woman he knows to be pregnant
commits a Class 1 felony. The fine for a violation of this
subsection (b) shall not be more than $250,000.
(Source: P.A. 86-1459; 87-754.)
(720 ILCS 570/410) (from Ch. 56 1/2, par. 1410)
Sec. 410. (a) Whenever any person who has not previously
been convicted of, or placed on probation or court supervision
for any felony offense under this Act or any law of the United

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States or of any State relating to cannabis or controlled
substances, pleads guilty to or is found guilty of possession
of a controlled or counterfeit substance under subsection (c)
of Section 402 or of unauthorized possession of prescription
form under Section 406.2, the court, without entering a
judgment and with the consent of such person, may sentence him
or her to probation.
(b) When a person is placed on probation, the court shall
enter an order specifying a period of probation of 24 months
and shall defer further proceedings in the case until the
conclusion of the period or until the filing of a petition
alleging violation of a term or condition of probation.
(c) The conditions of probation shall be that the person:
(1) not violate any criminal statute of any jurisdiction; (2)
refrain from possessing a firearm or other dangerous weapon;
(3) submit to periodic drug testing at a time and in a manner
as ordered by the court, but no less than 3 times during the
period of the probation, with the cost of the testing to be
paid by the probationer; and (4) perform no less than 30 hours
of community service, provided community service is available
in the jurisdiction and is funded and approved by the county
board.
(d) The court may, in addition to other conditions, require
that the person:
(1) make a report to and appear in person before or
participate with the court or such courts, person, or

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social service agency as directed by the court in the order
of probation;
(2) pay a fine and costs;
(3) work or pursue a course of study or vocational
training;
(4) undergo medical or psychiatric treatment; or
treatment or rehabilitation approved by the Illinois
Department of Human Services;
(5) attend or reside in a facility established for the
instruction or residence of defendants on probation;
(6) support his or her dependents;
(6-5) refrain from having in his or her body the
presence of any illicit drug prohibited by the Cannabis
Control Act, the Illinois Controlled Substances Act, or the
Methamphetamine Control and Community Protection Act,
unless prescribed by a physician, and submit samples of his
or her blood or urine or both for tests to determine the
presence of any illicit drug;
(7) and in addition, if a minor:
(i) reside with his or her parents or in a foster
home;
(ii) attend school;
(iii) attend a non-residential program for youth;
(iv) contribute to his or her own support at home
or in a foster home.
(e) Upon violation of a term or condition of probation, the

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court may enter a judgment on its original finding of guilt and
proceed as otherwise provided.
(f) Upon fulfillment of the terms and conditions of
probation, the court shall discharge the person and dismiss the
proceedings against him or her.
(g) A disposition of probation is considered to be a
conviction for the purposes of imposing the conditions of
probation and for appeal, however, discharge and dismissal
under this Section is not a conviction for purposes of this Act
or for purposes of disqualifications or disabilities imposed by
law upon conviction of a crime.
(h) (Blank). There may be only one discharge and dismissal
under this Section, Section 10 of the Cannabis Control Act,
Section 70 of the Methamphetamine Control and Community
Protection Act, Section 5-6-3.3 or 5-6-3.4 of the Unified Code
of Corrections, or subsection (c) of Section 11-14 of the
Criminal Code of 1961 or the Criminal Code of 2012 with respect
to any person.
(i) If a person is convicted of an offense under this Act,
the Cannabis Control Act, or the Methamphetamine Control and
Community Protection Act within 5 years subsequent to a
discharge and dismissal under this Section, the discharge and
dismissal under this Section shall be admissible in the
sentencing proceeding for that conviction as evidence in
aggravation.
(j) Notwithstanding subsection (a), before a person is

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sentenced to probation under this Section, the court may refer
the person to the drug court established in that judicial
circuit pursuant to Section 15 of the Drug Court Treatment Act.
The drug court team shall evaluate the person's likelihood of
successfully completing a sentence of probation under this
Section and shall report the results of its evaluation to the
court. If the drug court team finds that the person suffers
from a substance abuse problem that makes him or her
substantially unlikely to successfully complete a sentence of
probation under this Section, then the drug court shall set
forth its findings in the form of a written order, and the
person shall not be sentenced to probation under this Section,
but shall may be considered for the drug court program.
(Source: P.A. 98-164, eff. 1-1-14; 99-480, eff. 9-9-15.)
(720 ILCS 570/405 rep.)
(720 ILCS 570/405.1 rep.)
(720 ILCS 570/408 rep.)
Section 40. The Illinois Controlled Substances Act is
amended by repealing Sections 405, 405.1, and 408.
Section 45. The Drug Paraphernalia Control Act is amended
by changing Section 3.5 as follows:
(720 ILCS 600/3.5)
Sec. 3.5. Possession of drug paraphernalia.

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(a) A person who knowingly possesses an item of drug
paraphernalia with the intent to use it in ingesting, inhaling,
or otherwise introducing cannabis or a controlled substance
into the human body, or in preparing cannabis or a controlled
substance for that use, is guilty of a Class A misdemeanor for
which the court shall impose a minimum fine of $750 in addition
to any other penalty prescribed for a Class A misdemeanor. This
subsection (a) does not apply to a person who is legally
authorized to possess hypodermic syringes or needles under the
Hypodermic Syringes and Needles Act.
(b) In determining intent under subsection (a), the trier
of fact may take into consideration the proximity of the
cannabis or controlled substances to drug paraphernalia or the
presence of cannabis or a controlled substance on the drug
paraphernalia.
(c) If a person violates subsection (a) of Section 4 of the
Cannabis Control Act, the penalty for possession of any drug
paraphernalia seized during the violation for that offense
shall be a civil law violation punishable by a minimum fine not
to exceed $125 of $100 and a maximum fine of $200. The proceeds
of the fine shall be payable to the clerk of the circuit court.
Within 30 days after the deposit of the fine, the clerk shall
distribute the proceeds of the fine as follows:
(1) $10 of the fine to the circuit clerk and $10 of the
fine to the law enforcement agency that issued the
citation; the proceeds of each $10 fine distributed to the

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circuit clerk and each $10 fine distributed to the law
enforcement agency that issued the citation for the
violation shall be used to defer the cost of automatic
expungements under paragraph (2.5) of subsection (a) of
Section 5.2 of the Criminal Identification Act;
(2) $15 to the county to fund drug addiction services;
(3) $10 to the Office of the State's Attorneys
Appellate Prosecutor for use in training programs;
(4) $10 to the State's Attorney; and
(5) any remainder of the fine to the law enforcement
agency that issued the citation for the violation.
With respect to funds designated for the Department of
State Police, the moneys shall be remitted by the circuit court
clerk to the Department of State Police within one month after
receipt for deposit into the State Police Operations Assistance
Fund. With respect to funds designated for the Department of
Natural Resources, the Department of Natural Resources shall
deposit the moneys into the Conservation Police Operations
Assistance Fund.
(Source: P.A. 99-697, eff. 7-29-16.)
Section 50. The Methamphetamine Control and Community
Protection Act is amended by changing Sections 15, 20, 25, 30,
35, 40, 45, 50, 55, 56, 60, and 70 and by adding Sections 55.1,
55.2, 55.3, 55.4, and 55.5 as follows:

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(720 ILCS 646/15)
Sec. 15. Participation in methamphetamine manufacturing.
(a) Participation in methamphetamine manufacturing.
(1) It is unlawful to knowingly participate in the
manufacture of methamphetamine with the intent that
methamphetamine or a substance containing methamphetamine
be produced.
(2) A person who violates paragraph (1) of this
subsection (a) is subject to the following penalties:
(A) A person who participates in the manufacture of
less than 15 grams of methamphetamine or a substance
containing methamphetamine is guilty of a Class 2 1
felony.
(B) A person who participates in the manufacture of
15 or more grams but less than 100 grams of
methamphetamine or a substance containing
methamphetamine is guilty of a Class 1 X felony,
subject to a term of imprisonment of not less than 6
years and not more than 30 years, and subject to a fine
not to exceed $100,000 or the street value of the
methamphetamine manufactured, whichever is greater.
(C) A person who participates in the manufacture of
100 or more grams but less than 400 grams of
methamphetamine or a substance containing
methamphetamine is guilty of a Class 1 X felony, for
which the person may be sentenced subject to a term of

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imprisonment of not less than 6 9 years and not more
than 30 40 years, and subject to a fine not to exceed
$200,000 or the street value of the methamphetamine
manufactured, whichever is greater.
(D) A person who participates in the manufacture of
400 or more grams but less than 900 grams of
methamphetamine or a substance containing
methamphetamine is guilty of a Class 1 X felony, for
which the person may be sentenced subject to a term of
imprisonment of not less than 6 12 years and not more
than 30 50 years, and subject to a fine not to exceed
$300,000 or the street value of the methamphetamine
manufactured, whichever is greater.
(E) A person who participates in the manufacture of
900 grams or more of methamphetamine or a substance
containing methamphetamine is guilty of a Class 1 X
felony, for which the person may be sentenced subject
to a term of imprisonment of not less than 6 15 years
and not more than 30 60 years, and subject to a fine
not to exceed $400,000 or the street value of the
methamphetamine, whichever is greater.
(b) Aggravated participation in methamphetamine
manufacturing.
(1) It is unlawful to engage in aggravated
participation in the manufacture of methamphetamine. A
person engages in aggravated participation in the

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manufacture of methamphetamine when the person violates
paragraph (1) of subsection (a) and:
(A) the person knowingly does so in a multi-unit
dwelling;
(B) the person knowingly does so in a structure or
vehicle where a child under the age of 18, a person
with a disability, or a person 60 years of age or older
who is incapable of adequately providing for his or her
own health and personal care resides, is present, or is
endangered by the manufacture of methamphetamine;
(C) the person does so in a structure or vehicle
where a woman the person knows to be pregnant
(including but not limited to the person herself)
resides, is present, or is endangered by the
methamphetamine manufacture;
(D) the person knowingly does so in a structure or
vehicle protected by one or more firearms, explosive
devices, booby traps, alarm systems, surveillance
systems, guard dogs, or dangerous animals;
(E) the methamphetamine manufacturing in which the
person participates is a contributing cause of the
death, serious bodily injury, disability, or
disfigurement of another person, including but not
limited to an emergency service provider;
(F) the methamphetamine manufacturing in which the
person participates is a contributing cause of a fire

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or explosion that damages property belonging to
another person;
(G) the person knowingly organizes, directs, or
finances the methamphetamine manufacturing or
activities carried out in support of the
methamphetamine manufacturing; or
(H) the methamphetamine manufacturing occurs
within 500 1,000 feet of a place of worship or
parsonage, or within 500 1,000 feet of the real
property comprising any school at a time when children,
clergy, patrons, staff, or other persons are present or
any activity sanctioned by the place of worship or
parsonage or school is taking place.
(2) A person who violates paragraph (1) of this
subsection (b) is subject to the following penalties:
(A) A person who participates in the manufacture of
less than 15 grams of methamphetamine or a substance
containing methamphetamine is guilty of a Class 1 X
felony, subject to a term of imprisonment of not less
than 6 years and not more than 30 years, and subject to
a fine not to exceed $100,000 or the street value of
the methamphetamine, whichever is greater.
(B) A person who participates in the manufacture of
15 or more grams but less than 100 grams of
methamphetamine or a substance containing
methamphetamine is guilty of a Class 1 X felony, for

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which the person may be sentenced subject to a term of
imprisonment of not less than 6 9 years and not more
than 30 40 years, and subject to a fine not to exceed
$200,000 or the street value of the methamphetamine,
whichever is greater.
(C) A person who participates in the manufacture of
100 or more grams but less than 400 grams of
methamphetamine or a substance containing
methamphetamine is guilty of a Class 1 X felony, for
which the person may be sentenced subject to a term of
imprisonment of not less than 6 12 years and not more
than 30 50 years, and subject to a fine not to exceed
$300,000 or the street value of the methamphetamine,
whichever is greater.
(D) A person who participates in the manufacture of
400 grams or more of methamphetamine or a substance
containing methamphetamine is guilty of a Class 1 X
felony, for which the person may be sentenced subject
to a term of imprisonment of not less than 6 15 years
and not more than 30 60 years, and subject to a fine
not to exceed $400,000 or the street value of the
methamphetamine, whichever is greater.
(Source: P.A. 98-980, eff. 1-1-15.)
(720 ILCS 646/20)
Sec. 20. Methamphetamine precursor.

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(a) Methamphetamine precursor or substance containing any
methamphetamine precursor in standard dosage form.
(1) It is unlawful to knowingly possess, procure,
transport, store, or deliver any methamphetamine precursor
or substance containing any methamphetamine precursor in
standard dosage form with the intent that it be used to
manufacture methamphetamine or a substance containing
methamphetamine.
(2) A person who violates paragraph (1) of this
subsection (a) is subject to the following penalties:
(A) A person who possesses, procures, transports,
stores, or delivers less than 15 grams of
methamphetamine precursor or substance containing any
methamphetamine precursor is guilty of a Class 4 2
felony.
(B) A person who possesses, procures, transports,
stores, or delivers 15 or more grams but less than 30
grams of methamphetamine precursor or substance
containing any methamphetamine precursor is guilty of
a Class 3 1 felony.
(C) A person who possesses, procures, transports,
stores, or delivers 30 or more grams but less than 150
grams of methamphetamine precursor or substance
containing any methamphetamine precursor is guilty of
a Class 2 X felony, subject to a term of imprisonment
of not less than 6 years and not more than 30 years,

10000SB1980ham001 - 101 - LRB100 11410 RLC 27200 a
and subject to a fine not to exceed $100,000.
(D) A person who possesses, procures, transports,
stores, or delivers 150 or more grams but less than 500
grams of methamphetamine precursor or substance
containing any methamphetamine precursor is guilty of
a Class 1 X felony, subject to a term of imprisonment
of not less than 8 years and not more than 40 years,
and subject to a fine not to exceed $200,000.
(E) A person who possesses, procures, transports,
stores, or delivers 500 or more grams of
methamphetamine precursor or substance containing any
methamphetamine precursor is guilty of a Class 1 X
felony, for which the person may be sentenced subject
to a term of imprisonment of not less than 6 10 years
and not more than 30 50 years, and subject to a fine
not to exceed $300,000.
(b) (Blank). Methamphetamine precursor or substance
containing any methamphetamine precursor in any form other than
a standard dosage form.
(1) It is unlawful to knowingly possess, procure,
transport, store, or deliver any methamphetamine precursor
or substance containing any methamphetamine precursor in
any form other than a standard dosage form with the intent
that it be used to manufacture methamphetamine or a
substance containing methamphetamine.
(2) A person who violates paragraph (1) of this

10000SB1980ham001 - 102 - LRB100 11410 RLC 27200 a
subsection (b) is subject to the following penalties:
(A) A person who violates paragraph (1) of this
subsection (b) with the intent that less than 10 grams
of methamphetamine or a substance containing
methamphetamine be manufactured is guilty of a Class 2
felony.
(B) A person who violates paragraph (1) of this
subsection (b) with the intent that 10 or more grams
but less than 20 grams of methamphetamine or a
substance containing methamphetamine be manufactured
is guilty of a Class 1 felony.
(C) A person who violates paragraph (1) of this
subsection (b) with the intent that 20 or more grams
but less than 100 grams of methamphetamine or a
substance containing methamphetamine be manufactured
is guilty of a Class X felony, subject to a term of
imprisonment of not less than 6 years and not more than
30 years, and subject to a fine not to exceed $100,000.
(D) A person who violates paragraph (1) of this
subsection (b) with the intent that 100 or more grams
but less than 350 grams of methamphetamine or a
substance containing methamphetamine be manufactured
is guilty of a Class X felony, subject to a term of
imprisonment of not less than 8 years and not more than
40 years, and subject to a fine not to exceed $200,000.
(E) A person who violates paragraph (1) of this

10000SB1980ham001 - 103 - LRB100 11410 RLC 27200 a
subsection (b) with the intent that 350 or more grams
of methamphetamine or a substance containing
methamphetamine be manufactured is guilty of a Class X
felony, subject to a term of imprisonment of not less
than 10 years and not more than 50 years, and subject
to a fine not to exceed $300,000.
(c) Rule of evidence. The presence of any methamphetamine
precursor in a sealed, factory imprinted container, including,
but not limited to, a bottle, box, package, or blister pack, at
the time of seizure by law enforcement, is prima facie evidence
that the methamphetamine precursor located within the
container is in fact the material so described and in the
amount listed on the container. The factory imprinted container
is admissible for a violation of this Act for purposes of
proving the contents of the container.
(Source: P.A. 94-556, eff. 9-11-05; 94-830, eff. 6-5-06.)
(720 ILCS 646/25)
Sec. 25. Anhydrous ammonia.
(a) Possession, procurement, transportation, storage, or
delivery of anhydrous ammonia with the intent that it be used
to manufacture methamphetamine.
(1) It is unlawful to knowingly engage in the
possession, procurement, transportation, storage, or
delivery of anhydrous ammonia or to attempt to engage in
any of these activities or to assist another in engaging in

10000SB1980ham001 - 104 - LRB100 11410 RLC 27200 a
any of these activities with the intent that the anhydrous
ammonia be used to manufacture methamphetamine.
(2) A person who violates paragraph (1) of this
subsection (a) is guilty of a Class 2 1 felony.
(b) Aggravated possession, procurement, transportation,
storage, or delivery of anhydrous ammonia with the intent that
it be used to manufacture methamphetamine.
(1) It is unlawful to knowingly engage in the
aggravated possession, procurement, transportation,
storage, or delivery of anhydrous ammonia with the intent
that it be used to manufacture methamphetamine. A person
commits this offense when the person engages in the
possession, procurement, transportation, storage, or
delivery of anhydrous ammonia or attempts to engage in any
of these activities or assists another in engaging in any
of these activities with the intent that the anhydrous
ammonia be used to manufacture methamphetamine and:
(A) the person knowingly does so in a multi-unit
dwelling;
(B) the person knowingly does so in a structure or
vehicle where a child under the age of 18, or a person
with a disability, or a person who is 60 years of age
or older who is incapable of adequately providing for
his or her own health and personal care resides, is
present, or is endangered by the anhydrous ammonia;
(C) the person's possession, procurement,

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transportation, storage, or delivery of anhydrous
ammonia is a contributing cause of the death, serious
bodily injury, disability, or disfigurement of another
person; or
(D) the person's possession, procurement,
transportation, storage, or delivery of anhydrous
ammonia is a contributing cause of a fire or explosion
that damages property belonging to another person.
(2) A person who violates paragraph (1) of this
subsection (b) is guilty of a Class 1 X felony, subject to
a term of imprisonment of not less than 6 years and not
more than 30 years, and subject to a fine not to exceed
$100,000.
(c) Possession, procurement, transportation, storage, or
delivery of anhydrous ammonia in an unauthorized container.
(1) It is unlawful to knowingly possess, procure,
transport, store, or deliver anhydrous ammonia in an
unauthorized container.
(1.5) (Blank) It is unlawful to attempt to possess,
procure, transport, store, or deliver anhydrous ammonia in
an unauthorized container.
(2) A person who violates paragraph (1) of this
subsection (c) is guilty of a Class 4 3 felony. A person
who violates paragraph (1.5) of this subsection (c) is
guilty of a Class 4 felony.
(3) Affirmative defense. It is an affirmative defense

10000SB1980ham001 - 106 - LRB100 11410 RLC 27200 a
that the person charged possessed, procured, transported,
stored, or delivered anhydrous ammonia in a manner that
substantially complied with the rules governing anhydrous
ammonia equipment found in 8 Illinois Administrative Code
Section 215, in 92 Illinois Administrative Code Sections
171 through 180, or in any provision of the Code of Federal
Regulations incorporated by reference into these Sections
of the Illinois Administrative Code.
(d) Tampering with anhydrous ammonia equipment.
(1) It is unlawful to knowingly tamper with anhydrous
ammonia equipment. A person tampers with anhydrous ammonia
equipment when, without authorization from the lawful
owner, the person:
(A) removes or attempts to remove anhydrous
ammonia from the anhydrous ammonia equipment used by
the lawful owner;
(B) damages or attempts to damage the anhydrous
ammonia equipment used by the lawful owner; or
(C) vents or attempts to vent anhydrous ammonia
into the environment.
(2) A person who violates paragraph (1) of this
subsection (d) is guilty of a Class 3 felony.
(Source: P.A. 94-556, eff. 9-11-05; 94-830, eff. 6-5-06;
95-690, eff. 1-1-08.)
(720 ILCS 646/30)

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Sec. 30. Methamphetamine manufacturing material.
(a) It is unlawful to knowingly engage in the possession,
procurement, transportation, storage, or delivery of any
methamphetamine manufacturing material, other than a
methamphetamine precursor, substance containing a
methamphetamine precursor, or anhydrous ammonia, with the
intent that it be used to manufacture methamphetamine.
(b) A person who violates subsection (a) of this Section is
guilty of a Class 3 2 felony.
(Source: P.A. 94-556, eff. 9-11-05; 94-830, eff. 6-5-06.)
(720 ILCS 646/35)
Sec. 35. Use of property.
(a) It is unlawful for a person knowingly to use or allow
the use of a vehicle, a structure, real property, or personal
property within the person's control to help bring about a
violation of this Act.
(b) A person who violates subsection (a) of this Section is
guilty of a Class 3 2 felony.
(Source: P.A. 94-556, eff. 9-11-05.)
(720 ILCS 646/40)
Sec. 40. Protection of methamphetamine manufacturing.
(a) It is unlawful to engage in the protection of
methamphetamine manufacturing. A person engages in the
protection of methamphetamine manufacturing when:

10000SB1980ham001 - 108 - LRB100 11410 RLC 27200 a
(1) the person knows that others have been
participating, are participating, or will be participating
in the manufacture of methamphetamine; and
(2) with the intent to help prevent detection of or
interference with the methamphetamine manufacturing, the
person serves as a lookout for or guard of the
methamphetamine manufacturing.
(b) A person who violates subsection (a) of this Section is
guilty of a Class 3 2 felony.
(Source: P.A. 94-556, eff. 9-11-05.)
(720 ILCS 646/45)
Sec. 45. Methamphetamine manufacturing waste.
(a) It is unlawful to knowingly burn, place in a trash
receptacle, or dispose of methamphetamine manufacturing waste,
knowing that the waste was used in the manufacturing of
methamphetamine.
(b) A person who violates subsection (a) of this Section is
guilty of a Class 3 2 felony.
(Source: P.A. 94-556, eff. 9-11-05; 94-830, eff. 6-5-06.)
(720 ILCS 646/50)
Sec. 50. Methamphetamine-related child endangerment.
(a) Methamphetamine-related child endangerment.
(1) It is unlawful to engage in
methamphetamine-related child endangerment. A person

10000SB1980ham001 - 109 - LRB100 11410 RLC 27200 a
engages in methamphetamine-related child endangerment when
the person knowingly endangers the life and health of a
child by exposing or allowing exposure of the child to a
methamphetamine manufacturing environment.
(2) A person who violates paragraph (1) of this
subsection (a) is guilty of a Class 2 felony.
(b) Aggravated methamphetamine-related child endangerment.
(1) It is unlawful to engage in aggravated
methamphetamine-related child endangerment. A person
engages in aggravated methamphetamine-related child
endangerment when the person violates paragraph (1) of this
subsection (a) of this Section and the child experiences
death, great bodily harm, disability, or disfigurement as a
result of the methamphetamine-related child endangerment.
(2) A person who violates paragraph (1) of this
subsection (b) is guilty of a Class 1 X felony, subject to
a term of imprisonment of not less than 6 years and not
more than 30 years, and subject to a fine not to exceed
$100,000.
(Source: P.A. 94-556, eff. 9-11-05.)
(720 ILCS 646/55)
Sec. 55. Methamphetamine delivery.
(a) Delivery or possession with intent to deliver
methamphetamine or a substance containing methamphetamine.
(1) It is unlawful knowingly to engage in the delivery

10000SB1980ham001 - 110 - LRB100 11410 RLC 27200 a
or possession with intent to deliver methamphetamine or a
substance containing methamphetamine.
(2) A person who violates paragraph (1) of this
subsection (a) is subject to the following penalties:
(A) A person who delivers or possesses with intent
to deliver less than one gram 5 grams of
methamphetamine or a substance containing
methamphetamine is guilty of a Class 4 2 felony.
(B) A person who delivers or possesses with intent
to deliver one 5 or more grams but less than 15 grams
of methamphetamine or a substance containing
methamphetamine is guilty of a Class 3 1 felony.
(C) A person who delivers or possesses with intent
to deliver 15 or more grams but less than 100 grams of
methamphetamine or a substance containing
methamphetamine is guilty of a Class 2 X felony,
subject to a term of imprisonment of not less than 6
years and not more than 30 years, and subject to a fine
not to exceed $100,000 or the street value of the
methamphetamine, whichever is greater.
(D) A person who delivers or possesses with intent
to deliver 100 or more grams but less than 400 grams of
methamphetamine or a substance containing
methamphetamine is guilty of a Class 1 X felony,
subject to a term of imprisonment of not less than 9
years and not more than 40 years, and subject to a fine

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not to exceed $200,000 or the street value of the
methamphetamine, whichever is greater.
(E) A person who delivers or possesses with intent
to deliver 400 or more grams but less than 900 grams of
methamphetamine or a substance containing
methamphetamine is guilty of a Class 1 X felony,
subject to a term of imprisonment of not less than 12
years and not more than 50 years, and subject to a fine
not to exceed $300,000 or the street value of the
methamphetamine, whichever is greater.
(F) A person who delivers or possesses with intent
to deliver 900 or more grams of methamphetamine or a
substance containing methamphetamine is guilty of a
Class 1 X felony, for which the person may be sentenced
subject to a term of imprisonment of not less than 6 15
years and not more than 30 60 years, and subject to a
fine not to exceed $400,000 or the street value of the
methamphetamine, whichever is greater.
(b) (Blank). Aggravated delivery or possession with intent
to deliver methamphetamine or a substance containing
methamphetamine.
(1) It is unlawful to engage in the aggravated delivery
or possession with intent to deliver methamphetamine or a
substance containing methamphetamine. A person engages in
the aggravated delivery or possession with intent to
deliver methamphetamine or a substance containing

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methamphetamine when the person violates paragraph (1) of
subsection (a) of this Section and:
(A) the person is at least 18 years of age and
knowingly delivers or possesses with intent to deliver
the methamphetamine or substance containing
methamphetamine to a person under 18 years of age;
(B) the person is at least 18 years of age and
knowingly uses, engages, employs, or causes another
person to use, engage, or employ a person under 18
years of age to deliver the methamphetamine or
substance containing methamphetamine;
(C) the person knowingly delivers or possesses
with intent to deliver the methamphetamine or
substance containing methamphetamine in any structure
or vehicle protected by one or more firearms, explosive
devices, booby traps, alarm systems, surveillance
systems, guard dogs, or dangerous animals;
(D) the person knowingly delivers or possesses
with intent to deliver the methamphetamine or
substance containing methamphetamine in any school, on
any real property comprising any school, or in any
conveyance owned, leased, or contracted by a school to
transport students to or from school or a
school-related activity;
(E) the person delivers or causes another person to
deliver the methamphetamine or substance containing

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methamphetamine to a woman that the person knows to be
pregnant; or
(F) (blank).
(2) A person who violates paragraph (1) of this
subsection (b) is subject to the following penalties:
(A) A person who delivers or possesses with intent
to deliver less than 5 grams of methamphetamine or a
substance containing methamphetamine is guilty of a
Class 1 felony.
(B) A person who delivers or possesses with intent
to deliver 5 or more grams but less than 15 grams of
methamphetamine or a substance containing
methamphetamine is guilty of a Class X felony, subject
to a term of imprisonment of not less than 6 years and
not more than 30 years, and subject to a fine not to
exceed $100,000 or the street value of the
methamphetamine, whichever is greater.
(C) A person who delivers or possesses with intent
to deliver 15 or more grams but less than 100 grams of
methamphetamine or a substance containing
methamphetamine is guilty of a Class X felony, subject
to a term of imprisonment of not less than 8 years and
not more than 40 years, and subject to a fine not to
exceed $200,000 or the street value of the
methamphetamine, whichever is greater.
(D) A person who delivers or possesses with intent

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to deliver 100 or more grams of methamphetamine or a
substance containing methamphetamine is guilty of a
Class X felony, subject to a term of imprisonment of
not less than 10 years and not more than 50 years, and
subject to a fine not to exceed $300,000 or the street
value of the methamphetamine, whichever is greater.
(Source: P.A. 94-556, eff. 9-11-05; 94-830, eff. 6-5-06.)
(720 ILCS 646/55.1 new)
Sec. 55.1. Methamphetamine delivery by a person at least 18
years of age to a person under 18 years of age. Any person who
is at least 18 years of age who violates any subsection of
Section 55 by delivering methamphetamine or substance
containing methamphetamine to a person under 18 years of age
may, at the discretion of the court, be sentenced to a maximum
term of imprisonment that is equal to the maximum term of
imprisonment for the underlying offense plus the minimum term
of imprisonment for the underlying offense.
(720 ILCS 646/55.2 new)
Sec. 55.2. Employing person under 18 years of age to
deliver methamphetamine. Any person who is at least 18 years of
age who violates any subsection of Section 55 by using,
engaging, or employing, or causing another person to use,
engage, or employ a person under 18 years of age to deliver
methamphetamine or substance containing methamphetamine may,

10000SB1980ham001 - 115 - LRB100 11410 RLC 27200 a
at the discretion of the court, be sentenced to a maximum term
of imprisonment that is equal to the maximum term of
imprisonment for the underlying offense plus the minimum term
of imprisonment for the underlying offense.
(720 ILCS 646/55.3 new)
Sec. 55.3. Delivery of methamphetamine or possession with
intent to deliver methamphetamine�protected structure or
vehicle. Any person who violates any subsection of Section 55
by knowingly delivering or possessing with intent to deliver
methamphetamine or substance containing methamphetamine in any
structure or vehicle protected by one or more explosive
devices, booby traps, or dangerous animals may, at the
discretion of the court, be sentenced to a maximum term of
imprisonment that is equal to the maximum term of imprisonment
for the underlying offense plus the minimum term of
imprisonment for the underlying offense.
(720 ILCS 646/55.4 new)
Sec. 55.4. Methamphetamine delivery or possession with
intent to deliver methamphetamine on school grounds. Any person
who violates any subsection of Section 55 by delivering or
possessing with intent to deliver methamphetamine or substance
containing methamphetamine in any school, on any real property
comprising any school, or in any conveyance owned, leased, or
contracted by a school to transport students to or from school

10000SB1980ham001 - 116 - LRB100 11410 RLC 27200 a
or a school-related activity shall be sentenced to a class of
offense that is one class higher than the sentence otherwise
authorized by the pertinent subsection of Section 55. If the
sentence otherwise authorized by the pertinent subsection of
Section 55 is a Class 1 felony for which the person may be
sentenced to a term of imprisonment of not less than 4 years
and not more than 15 years, the penalty for an offense under
this Section is a Class 1 felony for which the person may be
sentenced to a term of imprisonment of not less than 6 years
and not more than 30 years. If the sentence otherwise
authorized by the pertinent subsection of Section 55 is a Class
1 felony for which the person may be sentenced to a term of
imprisonment of not less than 6 years and not more than 30
years, the penalty for an offense under this Section is a Class
1 felony for which the person may be sentenced to a term of
imprisonment of not less than 9 years and not more than 40
years.
(720 ILCS 646/55.5 new)
Sec. 55.5. Methamphetamine delivery to pregnant woman. Any
person who violates any subsection of Section 55 by delivering
or causing to be delivered methamphetamine or substance
containing methamphetamine to a woman that the person knows to
be pregnant may, at the discretion of the court, be sentenced
to a maximum term of imprisonment that is equal to the maximum
term of imprisonment for the underlying offense plus the

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minimum term of imprisonment for the underlying offense.
(720 ILCS 646/56)
Sec. 56. Methamphetamine trafficking.
(a) Except for purposes as authorized by this Act, any
person who knowingly brings, or causes to be brought, into this
State 400 grams or more of methamphetamine or 500 grams or more
of , anhydrous ammonia, or a methamphetamine precursor or any
amount of anhydrous ammonia for the purpose of manufacture or
delivery of methamphetamine or with the intent to manufacture
or deliver methamphetamine is guilty of methamphetamine
trafficking.
(a-5) A person convicted of methamphetamine trafficking
shall be sentenced as authorized by Section 55 of this Act,
based upon the amount of the methamphetamine brought or caused
to be brought into this State, if the person at sentencing
proves by a preponderance of the evidence that he or she:
(1) received little or no compensation from the illegal
transport of the methamphetamine into this State and had
minimal knowledge of the scope and structure of the
enterprise to manufacture or deliver the methamphetamine
transported; or
(2) was not involved in the organization or planning of
the enterprise to manufacture or deliver the
methamphetamine transported.
(b) Except as otherwise provided in subsection (a-5), a A

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person convicted of methamphetamine trafficking shall be
sentenced to a term of imprisonment of not less than twice the
minimum term and not more than twice the maximum term of
imprisonment based upon the amount of methamphetamine brought
or caused to be brought into this State, as provided in
subsection (a) of Section 55 of this Act that is one class
higher than the underlying offense. If the underlying offense
is a Class 1 felony for which the offender may be sentenced to
a term of imprisonment of not less than 6 years and not more
than 30 years, the penalty for methamphetamine trafficking is a
Class 1 felony for which the person may be sentenced to a term
of imprisonment of not less 9 years and not more than 40 years.
(c) (Blank) A person convicted of methamphetamine
trafficking based upon a methamphetamine precursor shall be
sentenced to a term of imprisonment of not less than twice the
minimum term and not more than twice the maximum term of
imprisonment based upon the amount of methamphetamine
precursor provided in subsection (a) or (b) of Section 20 of
this Act brought or caused to be brought into this State.
(d) A person convicted of methamphetamine trafficking
based upon anhydrous ammonia under paragraph (1) of subsection
(a) of Section 25 of this Act is guilty of a Class 1 felony
shall be sentenced to a term of imprisonment of not less than
twice the minimum term and not more than twice the maximum term
of imprisonment provided in paragraph (1) of subsection (a) of
Section 25 of this Act.

10000SB1980ham001 - 119 - LRB100 11410 RLC 27200 a
(Source: P.A. 94-830, eff. 6-5-06.)
(720 ILCS 646/60)
Sec. 60. Methamphetamine possession.
(a) It is unlawful knowingly to possess methamphetamine or
a substance containing methamphetamine.
(b) A person who violates subsection (a) is subject to the
following penalties:
(1) A person who possesses less than 15 5 grams of
methamphetamine or a substance containing methamphetamine
is guilty of a Class A misdemeanor 3 felony.
(2) (Blank). A person who possesses 5 or more grams but
less than 15 grams of methamphetamine or a substance
containing methamphetamine is guilty of a Class 2 felony.
(3) A person who possesses 15 or more grams but less
than 100 grams of methamphetamine or a substance containing
methamphetamine is guilty of a Class 3 1 felony.
(4) A person who possesses 100 or more grams but less
than 400 grams of methamphetamine or a substance containing
methamphetamine is guilty of a Class 2 X felony, subject to
a term of imprisonment of not less than 6 years and not
more than 30 years, and subject to a fine not to exceed
$100,000.
(5) A person who possesses 400 or more grams but less
than 900 grams of methamphetamine or a substance containing
methamphetamine is guilty of a Class 1 X felony, subject to

10000SB1980ham001 - 120 - LRB100 11410 RLC 27200 a
a term of imprisonment of not less than 8 years and not
more than 40 years, and subject to a fine not to exceed
$200,000.
(6) A person who possesses 900 or more grams of
methamphetamine or a substance containing methamphetamine
is guilty of a Class 1 X felony, subject to a term of
imprisonment of not less than 10 years and not more than 50
years, and subject to a fine not to exceed $300,000.
(Source: P.A. 94-556, eff. 9-11-05.)
(720 ILCS 646/70)
Sec. 70. Probation.
(a) Whenever any person who has not previously been
convicted of, or placed on probation or court supervision for
any felony offense under this Act, the Illinois Controlled
Substances Act, the Cannabis Control Act, or any law of the
United States or of any state relating to cannabis or
controlled substances, pleads guilty to or is found guilty of
possession of less than 15 grams of methamphetamine under
paragraph (1) or (2) of subsection (b) of Section 60 of this
Act, the court, without entering a judgment and with the
consent of the person, may sentence him or her to probation.
(b) When a person is placed on probation, the court shall
enter an order specifying a period of probation of 24 months
and shall defer further proceedings in the case until the
conclusion of the period or until the filing of a petition

10000SB1980ham001 - 121 - LRB100 11410 RLC 27200 a
alleging violation of a term or condition of probation.
(c) The conditions of probation shall be that the person:
(1) not violate any criminal statute of any
jurisdiction;
(2) refrain from possessing a firearm or other
dangerous weapon;
(3) submit to periodic drug testing at a time and in a
manner as ordered by the court, but no less than 3 times
during the period of the probation, with the cost of the
testing to be paid by the probationer; and
(4) perform no less than 30 hours of community service,
if community service is available in the jurisdiction and
is funded and approved by the county board.
(d) The court may, in addition to other conditions, require
that the person take one or more of the following actions:
(1) make a report to and appear in person before or
participate with the court or such courts, person, or
social service agency as directed by the court in the order
of probation;
(2) pay a fine and costs;
(3) work or pursue a course of study or vocational
training;
(4) undergo medical or psychiatric treatment; or
treatment or rehabilitation approved by the Illinois
Department of Human Services;
(5) attend or reside in a facility established for the

10000SB1980ham001 - 122 - LRB100 11410 RLC 27200 a
instruction or residence of defendants on probation;
(6) support his or her dependents;
(7) refrain from having in his or her body the presence
of any illicit drug prohibited by this Act, the Cannabis
Control Act, or the Illinois Controlled Substances Act,
unless prescribed by a physician, and submit samples of his
or her blood or urine or both for tests to determine the
presence of any illicit drug; or
(8) if a minor:
(i) reside with his or her parents or in a foster
home;
(ii) attend school;
(iii) attend a non-residential program for youth;
or
(iv) contribute to his or her own support at home
or in a foster home.
(e) Upon violation of a term or condition of probation, the
court may enter a judgment on its original finding of guilt and
proceed as otherwise provided.
(f) Upon fulfillment of the terms and conditions of
probation, the court shall discharge the person and dismiss the
proceedings against the person.
(g) A disposition of probation is considered to be a
conviction for the purposes of imposing the conditions of
probation and for appeal, however, discharge and dismissal
under this Section is not a conviction for purposes of this Act

10000SB1980ham001 - 123 - LRB100 11410 RLC 27200 a
or for purposes of disqualifications or disabilities imposed by
law upon conviction of a crime.
(h) (Blank). There may be only one discharge and dismissal
under this Section, Section 410 of the Illinois Controlled
Substances Act, Section 10 of the Cannabis Control Act, Section
5-6-3.3 or 5-6-3.4 of the Unified Code of Corrections, or
subsection (c) of Section 11-14 of the Criminal Code of 1961 or
the Criminal Code of 2012 with respect to any person.
(i) If a person is convicted of an offense under this Act,
the Cannabis Control Act, or the Illinois Controlled Substances
Act within 5 years subsequent to a discharge and dismissal
under this Section, the discharge and dismissal under this
Section are admissible in the sentencing proceeding for that
conviction as evidence in aggravation.
(j) Notwithstanding subsection (a), before a person is
sentenced to probation under this Section, the court may refer
the person to the drug court established in that judicial
circuit pursuant to Section 15 of the Drug Court Treatment Act.
The drug court team shall evaluate the person's likelihood of
successfully completing a sentence of probation under this
Section and shall report the results of its evaluation to the
court. If the drug court team finds that the person suffers
from a substance abuse problem that makes him or her
substantially unlikely to successfully complete a sentence of
probation under this Section, then the drug court shall set
forth its findings in the form of a written order, and the

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person shall not be sentenced to probation under this Section,
but shall may be considered for the drug court program.
(Source: P.A. 98-164, eff. 1-1-14; 99-480, eff. 9-9-15.)
(720 ILCS 646/65 rep.)
(720 ILCS 646/100 rep.)
Section 55. The Methamphetamine Control and Community
Protection Act is amended by repealing Sections 65 and 100.
Section 60. The Unified Code of Corrections is amended by
changing Sections 3-3-8, 3-6-3, 5-4-1, 5-4.5-95, 5-5-3,
5-6-3.3, 5-6-3.4, 5-8-1, 5-8-2, 5-8-6, and 5-8-8 and by adding
Sections 5-4.5-110 and 5-6-3.6 as follows:
(730 ILCS 5/3-3-8) (from Ch. 38, par. 1003-3-8)
Sec. 3-3-8. Length of parole and mandatory supervised
release; discharge.
(a) The length of parole for a person sentenced under the
law in effect prior to the effective date of this amendatory
Act of 1977 and the length of mandatory supervised release for
those sentenced under the law in effect on and after such
effective date shall be as set out in Section 5-8-1 unless
sooner terminated under paragraph (b) of this Section.
(b) The Prisoner Review Board may enter an order releasing
and discharging one from parole or mandatory supervised
release, and his or her commitment to the Department, when it

10000SB1980ham001 - 125 - LRB100 11410 RLC 27200 a
determines that he or she is likely to remain at liberty
without committing another offense.
(b-1) Provided that the subject is in compliance with the
terms and conditions of his or her parole or mandatory
supervised release, the Prisoner Review Board may reduce the
period of a parolee or releasee's parole or mandatory
supervised release by 90 days upon the parolee or releasee
receiving a high school diploma or upon passage of high school
equivalency testing during the period of his or her parole or
mandatory supervised release. This reduction in the period of a
subject's term of parole or mandatory supervised release shall
be available only to subjects who have not previously earned a
high school diploma or who have not previously passed high
school equivalency testing.
(b-2) The Prisoner Review Board shall release a low-risk
and need subject person from mandatory supervised release as
determined by an appropriate evidence-based risk and need
assessment.
(c) The order of discharge shall become effective upon
entry of the order of the Board. The Board shall notify the
clerk of the committing court of the order. Upon receipt of
such copy, the clerk shall make an entry on the record judgment
that the sentence or commitment has been satisfied pursuant to
the order.
(d) Rights of the person discharged under this Section
shall be restored under Section 5-5-5.

10000SB1980ham001 - 126 - LRB100 11410 RLC 27200 a
(Source: P.A. 98-558, eff. 1-1-14; 98-718, eff. 1-1-15; 99-268,
eff. 1-1-16; 99-628, eff. 1-1-17.)
(730 ILCS 5/3-6-3) (from Ch. 38, par. 1003-6-3)
(Text of Section before amendment by P.A. 99-938)
Sec. 3-6-3. Rules and regulations for sentence credit.
(a)(1) The Department of Corrections shall prescribe rules
and regulations for awarding and revoking sentence credit for
persons committed to the Department which shall be subject to
review by the Prisoner Review Board.
(1.5) As otherwise provided by law, sentence credit may be
awarded for the following:
(A) successful completion of programming while in
custody of the Department or while in custody prior to
sentencing;
(B) compliance with the rules and regulations of the
Department; or
(C) service to the institution, service to a community,
or service to the State.
(2) The rules and regulations on sentence credit shall
provide, with respect to offenses listed in clause (i), (ii),
or (iii) of this paragraph (2) committed on or after June 19,
1998 or with respect to the offense listed in clause (iv) of
this paragraph (2) committed on or after June 23, 2005 (the
effective date of Public Act 94-71) or with respect to offense
listed in clause (vi) committed on or after June 1, 2008 (the

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effective date of Public Act 95-625) or with respect to the
offense of being an armed habitual criminal committed on or
after August 2, 2005 (the effective date of Public Act 94-398)
or with respect to the offenses listed in clause (v) of this
paragraph (2) committed on or after August 13, 2007 (the
effective date of Public Act 95-134) or with respect to the
offense of aggravated domestic battery committed on or after
July 23, 2010 (the effective date of Public Act 96-1224) or
with respect to the offense of attempt to commit terrorism
committed on or after January 1, 2013 (the effective date of
Public Act 97-990), the following:
(i) that a prisoner who is serving a term of
imprisonment for first degree murder or for the offense of
terrorism shall receive no sentence credit and shall serve
the entire sentence imposed by the court;
(ii) that a prisoner serving a sentence for attempt to
commit terrorism, attempt to commit first degree murder,
solicitation of murder, solicitation of murder for hire,
intentional homicide of an unborn child, predatory
criminal sexual assault of a child, aggravated criminal
sexual assault, criminal sexual assault, aggravated
kidnapping, aggravated battery with a firearm as described
in Section 12-4.2 or subdivision (e)(1), (e)(2), (e)(3), or
(e)(4) of Section 12-3.05, heinous battery as described in
Section 12-4.1 or subdivision (a)(2) of Section 12-3.05,
being an armed habitual criminal, aggravated battery of a

10000SB1980ham001 - 128 - LRB100 11410 RLC 27200 a
senior citizen as described in Section 12-4.6 or
subdivision (a)(4) of Section 12-3.05, or aggravated
battery of a child as described in Section 12-4.3 or
subdivision (b)(1) of Section 12-3.05 shall receive no more
than 4.5 days of sentence credit for each month of his or
her sentence of imprisonment;
(iii) that a prisoner serving a sentence for home
invasion, armed robbery, aggravated vehicular hijacking,
aggravated discharge of a firearm, or armed violence with a
category I weapon or category II weapon, when the court has
made and entered a finding, pursuant to subsection (c-1) of
Section 5-4-1 of this Code, that the conduct leading to
conviction for the enumerated offense resulted in great
bodily harm to a victim, shall receive no more than 4.5
days of sentence credit for each month of his or her
sentence of imprisonment;
(iv) that a prisoner serving a sentence for aggravated
discharge of a firearm, whether or not the conduct leading
to conviction for the offense resulted in great bodily harm
to the victim, shall receive no more than 4.5 days of
sentence credit for each month of his or her sentence of
imprisonment;
(v) that a person serving a sentence for gunrunning,
narcotics racketeering, controlled substance trafficking,
methamphetamine trafficking, drug-induced homicide,
aggravated methamphetamine-related child endangerment,

10000SB1980ham001 - 129 - LRB100 11410 RLC 27200 a
money laundering pursuant to clause (c) (4) or (5) of
Section 29B-1 of the Criminal Code of 1961 or the Criminal
Code of 2012, or a Class X felony conviction for delivery
of a controlled substance, possession of a controlled
substance with intent to manufacture or deliver,
calculated criminal drug conspiracy, criminal drug
conspiracy, street gang criminal drug conspiracy,
participation in methamphetamine manufacturing, aggravated
participation in methamphetamine manufacturing, delivery
of methamphetamine, possession with intent to deliver
methamphetamine, aggravated delivery of methamphetamine,
aggravated possession with intent to deliver
methamphetamine, methamphetamine conspiracy when the
substance containing the controlled substance or
methamphetamine is 100 grams or more shall receive no more
than 7.5 days sentence credit for each month of his or her
sentence of imprisonment;
(vi) that a prisoner serving a sentence for a second or
subsequent offense of luring a minor shall receive no more
than 4.5 days of sentence credit for each month of his or
her sentence of imprisonment; and
(vii) that a prisoner serving a sentence for aggravated
domestic battery shall receive no more than 4.5 days of
sentence credit for each month of his or her sentence of
imprisonment.
(2.1) For all offenses, other than those enumerated in

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subdivision (a)(2)(i), (ii), or (iii) committed on or after
June 19, 1998 or subdivision (a)(2)(iv) committed on or after
June 23, 2005 (the effective date of Public Act 94-71) or
subdivision (a)(2)(v) committed on or after August 13, 2007
(the effective date of Public Act 95-134) or subdivision
(a)(2)(vi) committed on or after June 1, 2008 (the effective
date of Public Act 95-625) or subdivision (a)(2)(vii) committed
on or after July 23, 2010 (the effective date of Public Act
96-1224), and other than the offense of aggravated driving
under the influence of alcohol, other drug or drugs, or
intoxicating compound or compounds, or any combination thereof
as defined in subparagraph (F) of paragraph (1) of subsection
(d) of Section 11-501 of the Illinois Vehicle Code, and other
than the offense of aggravated driving under the influence of
alcohol, other drug or drugs, or intoxicating compound or
compounds, or any combination thereof as defined in
subparagraph (C) of paragraph (1) of subsection (d) of Section
11-501 of the Illinois Vehicle Code committed on or after
January 1, 2011 (the effective date of Public Act 96-1230), the
rules and regulations shall provide that a prisoner who is
serving a term of imprisonment shall receive one day of
sentence credit for each day of his or her sentence of
imprisonment or recommitment under Section 3-3-9. Each day of
sentence credit shall reduce by one day the prisoner's period
of imprisonment or recommitment under Section 3-3-9.
(2.2) A prisoner serving a term of natural life

10000SB1980ham001 - 131 - LRB100 11410 RLC 27200 a
imprisonment or a prisoner who has been sentenced to death
shall receive no sentence credit.
(2.3) The rules and regulations on sentence credit shall
provide that a prisoner who is serving a sentence for
aggravated driving under the influence of alcohol, other drug
or drugs, or intoxicating compound or compounds, or any
combination thereof as defined in subparagraph (F) of paragraph
(1) of subsection (d) of Section 11-501 of the Illinois Vehicle
Code, shall receive no more than 4.5 days of sentence credit
for each month of his or her sentence of imprisonment.
(2.4) The rules and regulations on sentence credit shall
provide with respect to the offenses of aggravated battery with
a machine gun or a firearm equipped with any device or
attachment designed or used for silencing the report of a
firearm or aggravated discharge of a machine gun or a firearm
equipped with any device or attachment designed or used for
silencing the report of a firearm, committed on or after July
15, 1999 (the effective date of Public Act 91-121), that a
prisoner serving a sentence for any of these offenses shall
receive no more than 4.5 days of sentence credit for each month
of his or her sentence of imprisonment.
(2.5) The rules and regulations on sentence credit shall
provide that a prisoner who is serving a sentence for
aggravated arson committed on or after July 27, 2001 (the
effective date of Public Act 92-176) shall receive no more than
4.5 days of sentence credit for each month of his or her

10000SB1980ham001 - 132 - LRB100 11410 RLC 27200 a
sentence of imprisonment.
(2.6) The rules and regulations on sentence credit shall
provide that a prisoner who is serving a sentence for
aggravated driving under the influence of alcohol, other drug
or drugs, or intoxicating compound or compounds or any
combination thereof as defined in subparagraph (C) of paragraph
(1) of subsection (d) of Section 11-501 of the Illinois Vehicle
Code committed on or after January 1, 2011 (the effective date
of Public Act 96-1230) shall receive no more than 4.5 days of
sentence credit for each month of his or her sentence of
imprisonment.
(3) The rules and regulations shall also provide that the
Director may award up to 180 days additional sentence credit
for good conduct in specific instances as the Director deems
proper. The good conduct may include, but is not limited to,
compliance with the rules and regulations of the Department,
service to the Department, service to a community, or service
to the State. However, the Director shall not award more than
90 days of sentence credit for good conduct to any prisoner who
is serving a sentence for conviction of first degree murder,
reckless homicide while under the influence of alcohol or any
other drug, or aggravated driving under the influence of
alcohol, other drug or drugs, or intoxicating compound or
compounds, or any combination thereof as defined in
subparagraph (F) of paragraph (1) of subsection (d) of Section
11-501 of the Illinois Vehicle Code, aggravated kidnapping,

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kidnapping, predatory criminal sexual assault of a child,
aggravated criminal sexual assault, criminal sexual assault,
deviate sexual assault, aggravated criminal sexual abuse,
aggravated indecent liberties with a child, indecent liberties
with a child, child pornography, heinous battery as described
in Section 12-4.1 or subdivision (a)(2) of Section 12-3.05,
aggravated battery of a spouse, aggravated battery of a spouse
with a firearm, stalking, aggravated stalking, aggravated
battery of a child as described in Section 12-4.3 or
subdivision (b)(1) of Section 12-3.05, endangering the life or
health of a child, or cruelty to a child. Notwithstanding the
foregoing, sentence credit for good conduct shall not be
awarded on a sentence of imprisonment imposed for conviction
of: (i) one of the offenses enumerated in subdivision
(a)(2)(i), (ii), or (iii) when the offense is committed on or
after June 19, 1998 or subdivision (a)(2)(iv) when the offense
is committed on or after June 23, 2005 (the effective date of
Public Act 94-71) or subdivision (a)(2)(v) when the offense is
committed on or after August 13, 2007 (the effective date of
Public Act 95-134) or subdivision (a)(2)(vi) when the offense
is committed on or after June 1, 2008 (the effective date of
Public Act 95-625) or subdivision (a)(2)(vii) when the offense
is committed on or after July 23, 2010 (the effective date of
Public Act 96-1224), (ii) aggravated driving under the
influence of alcohol, other drug or drugs, or intoxicating
compound or compounds, or any combination thereof as defined in

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subparagraph (F) of paragraph (1) of subsection (d) of Section
11-501 of the Illinois Vehicle Code, (iii) one of the offenses
enumerated in subdivision (a)(2.4) when the offense is
committed on or after July 15, 1999 (the effective date of
Public Act 91-121), (iv) aggravated arson when the offense is
committed on or after July 27, 2001 (the effective date of
Public Act 92-176), (v) offenses that may subject the offender
to commitment under the Sexually Violent Persons Commitment
Act, or (vi) aggravated driving under the influence of alcohol,
other drug or drugs, or intoxicating compound or compounds or
any combination thereof as defined in subparagraph (C) of
paragraph (1) of subsection (d) of Section 11-501 of the
Illinois Vehicle Code committed on or after January 1, 2011
(the effective date of Public Act 96-1230).
Eligible inmates for an award of sentence credit under this
paragraph (3) may be selected to receive the credit at the
Director's or his or her designee's sole discretion.
Consideration may be based on, but not limited to, any
available risk assessment analysis on the inmate, any history
of conviction for violent crimes as defined by the Rights of
Crime Victims and Witnesses Act, facts and circumstances of the
inmate's holding offense or offenses, and the potential for
rehabilitation.
The Director shall not award sentence credit under this
paragraph (3) to an inmate unless the inmate has served a
minimum of 60 days of the sentence; except nothing in this

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paragraph shall be construed to permit the Director to extend
an inmate's sentence beyond that which was imposed by the
court. Prior to awarding credit under this paragraph (3), the
Director shall make a written determination that the inmate:
(A) is eligible for the sentence credit;
(B) has served a minimum of 60 days, or as close to 60
days as the sentence will allow; and
(C) has met the eligibility criteria established by
rule.
The Director shall determine the form and content of the
written determination required in this subsection.
(3.5) The Department shall provide annual written reports
to the Governor and the General Assembly on the award of
sentence credit for good conduct, with the first report due
January 1, 2014. The Department must publish both reports on
its website within 48 hours of transmitting the reports to the
Governor and the General Assembly. The reports must include:
(A) the number of inmates awarded sentence credit for
good conduct;
(B) the average amount of sentence credit for good
conduct awarded;
(C) the holding offenses of inmates awarded sentence
credit for good conduct; and
(D) the number of sentence credit for good conduct
revocations.
(4) The rules and regulations shall also provide that the

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sentence credit accumulated and retained under paragraph (2.1)
of subsection (a) of this Section by any inmate during specific
periods of time in which such inmate is engaged full-time in
substance abuse programs, correctional industry assignments,
educational programs, behavior modification programs, life
skills courses, or re-entry planning provided by the Department
under this paragraph (4) and satisfactorily completes the
assigned program as determined by the standards of the
Department, shall be multiplied by a factor of 1.25 for program
participation before August 11, 1993 and 1.50 for program
participation on or after that date. The rules and regulations
shall also provide that sentence credit, subject to the same
offense limits and multiplier provided in this paragraph, may
be provided to an inmate who was held in pre-trial detention
prior to his or her current commitment to the Department of
Corrections and successfully completed a full-time, 60-day or
longer substance abuse program, educational program, behavior
modification program, life skills course, or re-entry planning
provided by the county department of corrections or county
jail. Calculation of this county program credit shall be done
at sentencing as provided in Section 5-4.5-100 of this Code and
shall be included in the sentencing order. However, no inmate
shall be eligible for the additional sentence credit under this
paragraph (4) or (4.1) of this subsection (a) while assigned to
a boot camp or electronic detention, or if convicted of an
offense enumerated in subdivision (a)(2)(i), (ii), or (iii) of

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this Section that is committed on or after June 19, 1998 or
subdivision (a)(2)(iv) of this Section that is committed on or
after June 23, 2005 (the effective date of Public Act 94-71) or
subdivision (a)(2)(v) of this Section that is committed on or
after August 13, 2007 (the effective date of Public Act 95-134)
or subdivision (a)(2)(vi) when the offense is committed on or
after June 1, 2008 (the effective date of Public Act 95-625) or
subdivision (a)(2)(vii) when the offense is committed on or
after July 23, 2010 (the effective date of Public Act 96-1224),
or if convicted of aggravated driving under the influence of
alcohol, other drug or drugs, or intoxicating compound or
compounds or any combination thereof as defined in subparagraph
(F) of paragraph (1) of subsection (d) of Section 11-501 of the
Illinois Vehicle Code, or if convicted of aggravated driving
under the influence of alcohol, other drug or drugs, or
intoxicating compound or compounds or any combination thereof
as defined in subparagraph (C) of paragraph (1) of subsection
(d) of Section 11-501 of the Illinois Vehicle Code committed on
or after January 1, 2011 (the effective date of Public Act
96-1230), or if convicted of an offense enumerated in paragraph
(a)(2.4) of this Section that is committed on or after July 15,
1999 (the effective date of Public Act 91-121), or first degree
murder, a Class X felony, criminal sexual assault, felony
criminal sexual abuse, aggravated criminal sexual abuse,
aggravated battery with a firearm as described in Section
12-4.2 or subdivision (e)(1), (e)(2), (e)(3), or (e)(4) of

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Section 12-3.05, or any predecessor or successor offenses with
the same or substantially the same elements, or any inchoate
offenses relating to the foregoing offenses. No inmate shall be
eligible for the additional good conduct credit under this
paragraph (4) who (i) has previously received increased good
conduct credit under this paragraph (4) and has subsequently
been convicted of a felony, or (ii) has previously served more
than one prior sentence of imprisonment for a felony in an
adult correctional facility.
Educational, vocational, substance abuse, behavior
modification programs, life skills courses, re-entry planning,
and correctional industry programs under which sentence credit
may be increased under this paragraph (4) and paragraph (4.1)
of this subsection (a) shall be evaluated by the Department on
the basis of documented standards. The Department shall report
the results of these evaluations to the Governor and the
General Assembly by September 30th of each year. The reports
shall include data relating to the recidivism rate among
program participants.
Availability of these programs shall be subject to the
limits of fiscal resources appropriated by the General Assembly
for these purposes. Eligible inmates who are denied immediate
admission shall be placed on a waiting list under criteria
established by the Department. The inability of any inmate to
become engaged in any such programs by reason of insufficient
program resources or for any other reason established under the

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rules and regulations of the Department shall not be deemed a
cause of action under which the Department or any employee or
agent of the Department shall be liable for damages to the
inmate.
(4.1) The rules and regulations shall also provide that an
additional 90 days of sentence credit shall be awarded to any
prisoner who passes high school equivalency testing while the
prisoner is committed to the Department of Corrections. The
sentence credit awarded under this paragraph (4.1) shall be in
addition to, and shall not affect, the award of sentence credit
under any other paragraph of this Section, but shall also be
pursuant to the guidelines and restrictions set forth in
paragraph (4) of subsection (a) of this Section. The sentence
credit provided for in this paragraph shall be available only
to those prisoners who have not previously earned a high school
diploma or a high school equivalency certificate. If, after an
award of the high school equivalency testing sentence credit
has been made, the Department determines that the prisoner was
not eligible, then the award shall be revoked. The Department
may also award 90 days of sentence credit to any committed
person who passed high school equivalency testing while he or
she was held in pre-trial detention prior to the current
commitment to the Department of Corrections.
(4.5) The rules and regulations on sentence credit shall
also provide that when the court's sentencing order recommends
a prisoner for substance abuse treatment and the crime was

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committed on or after September 1, 2003 (the effective date of
Public Act 93-354), the prisoner shall receive no sentence
credit awarded under clause (3) of this subsection (a) unless
he or she participates in and completes a substance abuse
treatment program. The Director may waive the requirement to
participate in or complete a substance abuse treatment program
and award the sentence credit in specific instances if the
prisoner is not a good candidate for a substance abuse
treatment program for medical, programming, or operational
reasons. Availability of substance abuse treatment shall be
subject to the limits of fiscal resources appropriated by the
General Assembly for these purposes. If treatment is not
available and the requirement to participate and complete the
treatment has not been waived by the Director, the prisoner
shall be placed on a waiting list under criteria established by
the Department. The Director may allow a prisoner placed on a
waiting list to participate in and complete a substance abuse
education class or attend substance abuse self-help meetings in
lieu of a substance abuse treatment program. A prisoner on a
waiting list who is not placed in a substance abuse program
prior to release may be eligible for a waiver and receive
sentence credit under clause (3) of this subsection (a) at the
discretion of the Director.
(4.6) The rules and regulations on sentence credit shall
also provide that a prisoner who has been convicted of a sex
offense as defined in Section 2 of the Sex Offender

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Registration Act shall receive no sentence credit unless he or
she either has successfully completed or is participating in
sex offender treatment as defined by the Sex Offender
Management Board. However, prisoners who are waiting to receive
treatment, but who are unable to do so due solely to the lack
of resources on the part of the Department, may, at the
Director's sole discretion, be awarded sentence credit at a
rate as the Director shall determine.
(5) Whenever the Department is to release any inmate
earlier than it otherwise would because of a grant of sentence
credit for good conduct under paragraph (3) of subsection (a)
of this Section given at any time during the term, the
Department shall give reasonable notice of the impending
release not less than 14 days prior to the date of the release
to the State's Attorney of the county where the prosecution of
the inmate took place, and if applicable, the State's Attorney
of the county into which the inmate will be released. The
Department must also make identification information and a
recent photo of the inmate being released accessible on the
Internet by means of a hyperlink labeled "Community
Notification of Inmate Early Release" on the Department's World
Wide Web homepage. The identification information shall
include the inmate's: name, any known alias, date of birth,
physical characteristics, commitment offense and county where
conviction was imposed. The identification information shall
be placed on the website within 3 days of the inmate's release

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and the information may not be removed until either: completion
of the first year of mandatory supervised release or return of
the inmate to custody of the Department.
(b) Whenever a person is or has been committed under
several convictions, with separate sentences, the sentences
shall be construed under Section 5-8-4 in granting and
forfeiting of sentence credit.
(c) The Department shall prescribe rules and regulations
for revoking sentence credit, including revoking sentence
credit awarded for good conduct under paragraph (3) of
subsection (a) of this Section. The Department shall prescribe
rules and regulations for suspending or reducing the rate of
accumulation of sentence credit for specific rule violations,
during imprisonment. These rules and regulations shall provide
that no inmate may be penalized more than one year of sentence
credit for any one infraction.
When the Department seeks to revoke, suspend or reduce the
rate of accumulation of any sentence credits for an alleged
infraction of its rules, it shall bring charges therefor
against the prisoner sought to be so deprived of sentence
credits before the Prisoner Review Board as provided in
subparagraph (a)(4) of Section 3-3-2 of this Code, if the
amount of credit at issue exceeds 30 days or when during any 12
month period, the cumulative amount of credit revoked exceeds
30 days except where the infraction is committed or discovered
within 60 days of scheduled release. In those cases, the

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Department of Corrections may revoke up to 30 days of sentence
credit. The Board may subsequently approve the revocation of
additional sentence credit, if the Department seeks to revoke
sentence credit in excess of 30 days. However, the Board shall
not be empowered to review the Department's decision with
respect to the loss of 30 days of sentence credit within any
calendar year for any prisoner or to increase any penalty
beyond the length requested by the Department.
The Director of the Department of Corrections, in
appropriate cases, may restore up to 30 days of sentence
credits which have been revoked, suspended or reduced. Any
restoration of sentence credits in excess of 30 days shall be
subject to review by the Prisoner Review Board. However, the
Board may not restore sentence credit in excess of the amount
requested by the Director.
Nothing contained in this Section shall prohibit the
Prisoner Review Board from ordering, pursuant to Section
3-3-9(a)(3)(i)(B), that a prisoner serve up to one year of the
sentence imposed by the court that was not served due to the
accumulation of sentence credit.
(d) If a lawsuit is filed by a prisoner in an Illinois or
federal court against the State, the Department of Corrections,
or the Prisoner Review Board, or against any of their officers
or employees, and the court makes a specific finding that a
pleading, motion, or other paper filed by the prisoner is
frivolous, the Department of Corrections shall conduct a

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hearing to revoke up to 180 days of sentence credit by bringing
charges against the prisoner sought to be deprived of the
sentence credits before the Prisoner Review Board as provided
in subparagraph (a)(8) of Section 3-3-2 of this Code. If the
prisoner has not accumulated 180 days of sentence credit at the
time of the finding, then the Prisoner Review Board may revoke
all sentence credit accumulated by the prisoner.
For purposes of this subsection (d):
(1) "Frivolous" means that a pleading, motion, or other
filing which purports to be a legal document filed by a
prisoner in his or her lawsuit meets any or all of the
following criteria:
(A) it lacks an arguable basis either in law or in
fact;
(B) it is being presented for any improper purpose,
such as to harass or to cause unnecessary delay or
needless increase in the cost of litigation;
(C) the claims, defenses, and other legal
contentions therein are not warranted by existing law
or by a nonfrivolous argument for the extension,
modification, or reversal of existing law or the
establishment of new law;
(D) the allegations and other factual contentions
do not have evidentiary support or, if specifically so
identified, are not likely to have evidentiary support
after a reasonable opportunity for further

10000SB1980ham001 - 145 - LRB100 11410 RLC 27200 a
investigation or discovery; or
(E) the denials of factual contentions are not
warranted on the evidence, or if specifically so
identified, are not reasonably based on a lack of
information or belief.
(2) "Lawsuit" means a motion pursuant to Section 116-3
of the Code of Criminal Procedure of 1963, a habeas corpus
action under Article X of the Code of Civil Procedure or
under federal law (28 U.S.C. 2254), a petition for claim
under the Court of Claims Act, an action under the federal
Civil Rights Act (42 U.S.C. 1983), or a second or
subsequent petition for post-conviction relief under
Article 122 of the Code of Criminal Procedure of 1963
whether filed with or without leave of court or a second or
subsequent petition for relief from judgment under Section
2-1401 of the Code of Civil Procedure.
(e) Nothing in Public Act 90-592 or 90-593 affects the
validity of Public Act 89-404.
(f) Whenever the Department is to release any inmate who
has been convicted of a violation of an order of protection
under Section 12-3.4 or 12-30 of the Criminal Code of 1961 or
the Criminal Code of 2012, earlier than it otherwise would
because of a grant of sentence credit, the Department, as a
condition of release, shall require that the person, upon
release, be placed under electronic surveillance as provided in
Section 5-8A-7 of this Code.

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(Source: P.A. 98-718, eff. 1-1-15; 99-241, eff. 1-1-16; 99-275,
eff. 1-1-16; 99-642, eff. 7-28-16.)
(Text of Section after amendment by P.A. 99-938)
Sec. 3-6-3. Rules and regulations for sentence credit.
(a)(1) The Department of Corrections shall prescribe rules
and regulations for awarding and revoking sentence credit for
persons committed to the Department which shall be subject to
review by the Prisoner Review Board.
(1.5) As otherwise provided by law, sentence credit may be
awarded for the following:
(A) successful completion of programming while in
custody of the Department or while in custody prior to
sentencing;
(B) compliance with the rules and regulations of the
Department; or
(C) service to the institution, service to a community,
or service to the State.
(2) Except as provided in paragraph (4.7) of this
subsection (a), the The rules and regulations on sentence
credit shall provide, with respect to offenses listed in clause
(i), (ii), or (iii) of this paragraph (2) committed on or after
June 19, 1998 or with respect to the offense listed in clause
(iv) of this paragraph (2) committed on or after June 23, 2005
(the effective date of Public Act 94-71) or with respect to
offense listed in clause (vi) committed on or after June 1,

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2008 (the effective date of Public Act 95-625) or with respect
to the offense of being an armed habitual criminal committed on
or after August 2, 2005 (the effective date of Public Act
94-398) or with respect to the offenses listed in clause (v) of
this paragraph (2) committed on or after August 13, 2007 (the
effective date of Public Act 95-134) or with respect to the
offense of aggravated domestic battery committed on or after
July 23, 2010 (the effective date of Public Act 96-1224) or
with respect to the offense of attempt to commit terrorism
committed on or after January 1, 2013 (the effective date of
Public Act 97-990), the following:
(i) that a prisoner who is serving a term of
imprisonment for first degree murder or for the offense of
terrorism shall receive no sentence credit and shall serve
the entire sentence imposed by the court;
(i-5) that a prisoner who is serving a term of
imprisonment for first degree murder shall receive no more
than 7.5 days of sentence credit for each month of his or
her sentence of imprisonment;
(ii) that a prisoner serving a sentence for attempt to
commit terrorism, attempt to commit first degree murder,
solicitation of murder, solicitation of murder for hire,
intentional homicide of an unborn child, predatory
criminal sexual assault of a child, aggravated criminal
sexual assault, criminal sexual assault, aggravated
kidnapping, aggravated battery with a firearm as described

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in Section 12-4.2 or subdivision (e)(1), (e)(2), (e)(3), or
(e)(4) of Section 12-3.05, heinous battery as described in
Section 12-4.1 or subdivision (a)(2) of Section 12-3.05,
being an armed habitual criminal, aggravated battery of a
senior citizen as described in Section 12-4.6 or
subdivision (a)(4) of Section 12-3.05, or aggravated
battery of a child as described in Section 12-4.3 or
subdivision (b)(1) of Section 12-3.05 shall receive no more
than 8.5 4.5 days of sentence credit for each month of his
or her sentence of imprisonment;
(iii) that a prisoner serving a sentence for home
invasion, armed robbery, aggravated vehicular hijacking,
aggravated discharge of a firearm, or armed violence with a
category I weapon or category II weapon, when the court has
made and entered a finding, pursuant to subsection (c-1) of
Section 5-4-1 of this Code, that the conduct leading to
conviction for the enumerated offense resulted in great
bodily harm to a victim, shall receive no more than 8.5 4.5
days of sentence credit for each month of his or her
sentence of imprisonment;
(iv) that a prisoner serving a sentence for aggravated
discharge of a firearm, whether or not the conduct leading
to conviction for the offense resulted in great bodily harm
to the victim, shall receive no more than 8.5 4.5 days of
sentence credit for each month of his or her sentence of
imprisonment;

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(v) that a person serving a sentence for gunrunning,
narcotics racketeering, controlled substance trafficking,
methamphetamine trafficking, drug-induced homicide, or
aggravated methamphetamine-related child endangerment,
money laundering pursuant to clause (c) (4) or (5) of
Section 29B-1 of the Criminal Code of 1961 or the Criminal
Code of 2012, or a Class X felony conviction for delivery
of a controlled substance, possession of a controlled
substance with intent to manufacture or deliver,
calculated criminal drug conspiracy, criminal drug
conspiracy, street gang criminal drug conspiracy,
participation in methamphetamine manufacturing, aggravated
participation in methamphetamine manufacturing, delivery
of methamphetamine, possession with intent to deliver
methamphetamine, aggravated delivery of methamphetamine,
aggravated possession with intent to deliver
methamphetamine, methamphetamine conspiracy when the
substance containing the controlled substance or
methamphetamine is 100 grams or more shall receive no more
than 10.5 7.5 days sentence credit for each month of his or
her sentence of imprisonment;
(vi) that a prisoner serving a sentence for a second or
subsequent offense of luring a minor shall receive no more
than 8.5 4.5 days of sentence credit for each month of his
or her sentence of imprisonment; and
(vii) that a prisoner serving a sentence for aggravated

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domestic battery shall receive no more than 8.5 4.5 days of
sentence credit for each month of his or her sentence of
imprisonment.
(2.1) For all offenses, other than those enumerated in
subdivision (a)(2)(i), (i-5), (ii), or (iii) committed on or
after June 19, 1998 or subdivision (a)(2)(iv) committed on or
after June 23, 2005 (the effective date of Public Act 94-71) or
subdivision (a)(2)(v) committed on or after August 13, 2007
(the effective date of Public Act 95-134) or subdivision
(a)(2)(vi) committed on or after June 1, 2008 (the effective
date of Public Act 95-625) or subdivision (a)(2)(vii) committed
on or after July 23, 2010 (the effective date of Public Act
96-1224), and other than the offense of aggravated driving
under the influence of alcohol, other drug or drugs, or
intoxicating compound or compounds, or any combination thereof
as defined in subparagraph (F) of paragraph (1) of subsection
(d) of Section 11-501 of the Illinois Vehicle Code, and other
than the offense of aggravated driving under the influence of
alcohol, other drug or drugs, or intoxicating compound or
compounds, or any combination thereof as defined in
subparagraph (C) of paragraph (1) of subsection (d) of Section
11-501 of the Illinois Vehicle Code committed on or after
January 1, 2011 (the effective date of Public Act 96-1230), the
rules and regulations shall provide that a prisoner who is
serving a term of imprisonment shall receive one day of
sentence credit for each day of his or her sentence of

10000SB1980ham001 - 151 - LRB100 11410 RLC 27200 a
imprisonment or recommitment under Section 3-3-9. Each day of
sentence credit shall reduce by one day the prisoner's period
of imprisonment or recommitment under Section 3-3-9.
(2.2) A prisoner serving a term of natural life
imprisonment or a prisoner who has been sentenced to death
shall receive no sentence credit.
(2.3) Except as provided in paragraph (4.7) of this
subsection (a), the The rules and regulations on sentence
credit shall provide that a prisoner who is serving a sentence
for aggravated driving under the influence of alcohol, other
drug or drugs, or intoxicating compound or compounds, or any
combination thereof as defined in subparagraph (F) of paragraph
(1) of subsection (d) of Section 11-501 of the Illinois Vehicle
Code, shall receive no more than 8.5 4.5 days of sentence
credit for each month of his or her sentence of imprisonment.
(2.4) Except as provided in paragraph (4.7) of this
subsection (a), the The rules and regulations on sentence
credit shall provide with respect to the offenses of aggravated
battery with a machine gun or a firearm equipped with any
device or attachment designed or used for silencing the report
of a firearm or aggravated discharge of a machine gun or a
firearm equipped with any device or attachment designed or used
for silencing the report of a firearm, committed on or after
July 15, 1999 (the effective date of Public Act 91-121), that a
prisoner serving a sentence for any of these offenses shall
receive no more than 8.5 4.5 days of sentence credit for each

10000SB1980ham001 - 152 - LRB100 11410 RLC 27200 a
month of his or her sentence of imprisonment.
(2.5) Except as provided in paragraph (4.7) of this
subsection (a), the The rules and regulations on sentence
credit shall provide that a prisoner who is serving a sentence
for aggravated arson committed on or after July 27, 2001 (the
effective date of Public Act 92-176) shall receive no more than
8.5 4.5 days of sentence credit for each month of his or her
sentence of imprisonment.
(2.6) Except as provided in paragraph (4.7) of this
subsection (a), the The rules and regulations on sentence
credit shall provide that a prisoner who is serving a sentence
for aggravated driving under the influence of alcohol, other
drug or drugs, or intoxicating compound or compounds or any
combination thereof as defined in subparagraph (C) of paragraph
(1) of subsection (d) of Section 11-501 of the Illinois Vehicle
Code committed on or after January 1, 2011 (the effective date
of Public Act 96-1230) shall receive no more than 8.5 4.5 days
of sentence credit for each month of his or her sentence of
imprisonment.
(3) Except as provided in paragraph (4.7) of this
subsection (a), the The rules and regulations shall also
provide that the Director may award up to 180 days of earned
sentence credit for good conduct in specific instances as the
Director deems proper. The good conduct may include, but is not
limited to, compliance with the rules and regulations of the
Department, service to the Department, service to a community,

10000SB1980ham001 - 153 - LRB100 11410 RLC 27200 a
or service to the State.
Eligible inmates for an award of earned sentence credit
under this paragraph (3) may be selected to receive the credit
at the Director's or his or her designee's sole discretion.
Eligibility for the additional earned sentence credit under
this paragraph (3) shall be based on, but is not limited to,
the results of any available risk/needs assessment or other
relevant assessments or evaluations administered by the
Department using a validated instrument, the circumstances of
the crime, any history of conviction for a forcible felony
enumerated in Section 2-8 of the Criminal Code of 2012, the
inmate's behavior and disciplinary history while incarcerated,
and the inmate's commitment to rehabilitation, including
participation in programming offered by the Department.
The Director shall not award sentence credit under this
paragraph (3) to an inmate unless the inmate has served a
minimum of 60 days of the sentence; except nothing in this
paragraph shall be construed to permit the Director to extend
an inmate's sentence beyond that which was imposed by the
court. Prior to awarding credit under this paragraph (3), the
Director shall make a written determination that the inmate:
(A) is eligible for the earned sentence credit;
(B) has served a minimum of 60 days, or as close to 60
days as the sentence will allow;
(B-1) has received a risk/needs assessment or other
relevant evaluation or assessment administered by the

10000SB1980ham001 - 154 - LRB100 11410 RLC 27200 a
Department using a validated instrument; and
(C) has met the eligibility criteria established under
paragraph (4) of this subsection (a) and by rule for earned
sentence credit.
The Director shall determine the form and content of the
written determination required in this subsection.
(3.5) The Department shall provide annual written reports
to the Governor and the General Assembly on the award of earned
sentence credit no later than February 1 of each year. The
Department must publish both reports on its website within 48
hours of transmitting the reports to the Governor and the
General Assembly. The reports must include:
(A) the number of inmates awarded earned sentence
credit;
(B) the average amount of earned sentence credit
awarded;
(C) the holding offenses of inmates awarded earned
sentence credit; and
(D) the number of earned sentence credit revocations.
(4) Except as provided in paragraph (4.7) of this
subsection (a), the The rules and regulations shall also
provide that the sentence credit accumulated and retained under
paragraph (2.1) of subsection (a) of this Section by any inmate
during specific periods of time in which such inmate is engaged
full-time in substance abuse programs, correctional industry
assignments, educational programs, behavior modification

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programs, life skills courses, or re-entry planning provided by
the Department under this paragraph (4) and satisfactorily
completes the assigned program as determined by the standards
of the Department, shall be multiplied by a factor of 1.25 for
program participation before August 11, 1993 and 1.50 for
program participation on or after that date. The rules and
regulations shall also provide that sentence credit, subject to
the same offense limits and multiplier provided in this
paragraph, may be provided to an inmate who was held in
pre-trial detention prior to his or her current commitment to
the Department of Corrections and successfully completed a
full-time, 60-day or longer substance abuse program,
educational program, behavior modification program, life
skills course, or re-entry planning provided by the county
department of corrections or county jail. Calculation of this
county program credit shall be done at sentencing as provided
in Section 5-4.5-100 of this Code and shall be included in the
sentencing order. However, no inmate shall be eligible for the
additional sentence credit under this paragraph (4) or (4.1) of
this subsection (a) while assigned to a boot camp or electronic
detention, or if convicted of an offense enumerated in
subdivision (a)(2)(i), (ii), or (iii) of this Section that is
committed on or after June 19, 1998 or subdivision (a)(2)(iv)
of this Section that is committed on or after June 23, 2005
(the effective date of Public Act 94-71) or subdivision
(a)(2)(v) of this Section that is committed on or after August

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13, 2007 (the effective date of Public Act 95-134) or
subdivision (a)(2)(vi) when the offense is committed on or
after June 1, 2008 (the effective date of Public Act 95-625) or
subdivision (a)(2)(vii) when the offense is committed on or
after July 23, 2010 (the effective date of Public Act 96-1224),
or if convicted of aggravated driving under the influence of
alcohol, other drug or drugs, or intoxicating compound or
compounds or any combination thereof as defined in subparagraph
(F) of paragraph (1) of subsection (d) of Section 11-501 of the
Illinois Vehicle Code, or if convicted of aggravated driving
under the influence of alcohol, other drug or drugs, or
intoxicating compound or compounds or any combination thereof
as defined in subparagraph (C) of paragraph (1) of subsection
(d) of Section 11-501 of the Illinois Vehicle Code committed on
or after January 1, 2011 (the effective date of Public Act
96-1230), or if convicted of an offense enumerated in paragraph
(a)(2.4) of this Section that is committed on or after July 15,
1999 (the effective date of Public Act 91-121), or first degree
murder, a Class X felony, criminal sexual assault, felony
criminal sexual abuse, aggravated criminal sexual abuse,
aggravated battery with a firearm as described in Section
12-4.2 or subdivision (e)(1), (e)(2), (e)(3), or (e)(4) of
Section 12-3.05, or any predecessor or successor offenses with
the same or substantially the same elements, or any inchoate
offenses relating to the foregoing offenses.
Educational, vocational, substance abuse, behavior

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modification programs, life skills courses, re-entry planning,
and correctional industry programs under which sentence credit
may be increased under this paragraph (4) and paragraph (4.1)
of this subsection (a) shall be evaluated by the Department on
the basis of documented standards. The Department shall report
the results of these evaluations to the Governor and the
General Assembly by September 30th of each year. The reports
shall include data relating to the recidivism rate among
program participants.
Availability of these programs shall be subject to the
limits of fiscal resources appropriated by the General Assembly
for these purposes. Eligible inmates who are denied immediate
admission shall be placed on a waiting list under criteria
established by the Department. The inability of any inmate to
become engaged in any such programs by reason of insufficient
program resources or for any other reason established under the
rules and regulations of the Department shall not be deemed a
cause of action under which the Department or any employee or
agent of the Department shall be liable for damages to the
inmate.
(4.1) Except as provided in paragraph (4.7) of this
subsection (a), the The rules and regulations shall also
provide that an additional 90 days of sentence credit shall be
awarded to any prisoner who passes high school equivalency
testing while the prisoner is committed to the Department of
Corrections. The sentence credit awarded under this paragraph

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(4.1) shall be in addition to, and shall not affect, the award
of sentence credit under any other paragraph of this Section,
but shall also be pursuant to the guidelines and restrictions
set forth in paragraph (4) of subsection (a) of this Section.
The sentence credit provided for in this paragraph shall be
available only to those prisoners who have not previously
earned a high school diploma or a high school equivalency
certificate. If, after an award of the high school equivalency
testing sentence credit has been made, the Department
determines that the prisoner was not eligible, then the award
shall be revoked. The Department may also award 90 days of
sentence credit to any committed person who passed high school
equivalency testing while he or she was held in pre-trial
detention prior to the current commitment to the Department of
Corrections.
(4.5) The rules and regulations on sentence credit shall
also provide that when the court's sentencing order recommends
a prisoner for substance abuse treatment and the crime was
committed on or after September 1, 2003 (the effective date of
Public Act 93-354), the prisoner shall receive no sentence
credit awarded under clause (3) of this subsection (a) unless
he or she participates in and completes a substance abuse
treatment program. The Director may waive the requirement to
participate in or complete a substance abuse treatment program
in specific instances if the prisoner is not a good candidate
for a substance abuse treatment program for medical,

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programming, or operational reasons. Availability of substance
abuse treatment shall be subject to the limits of fiscal
resources appropriated by the General Assembly for these
purposes. If treatment is not available and the requirement to
participate and complete the treatment has not been waived by
the Director, the prisoner shall be placed on a waiting list
under criteria established by the Department. The Director may
allow a prisoner placed on a waiting list to participate in and
complete a substance abuse education class or attend substance
abuse self-help meetings in lieu of a substance abuse treatment
program. A prisoner on a waiting list who is not placed in a
substance abuse program prior to release may be eligible for a
waiver and receive sentence credit under clause (3) of this
subsection (a) at the discretion of the Director.
(4.6) The rules and regulations on sentence credit shall
also provide that a prisoner who has been convicted of a sex
offense as defined in Section 2 of the Sex Offender
Registration Act shall receive no sentence credit unless he or
she either has successfully completed or is participating in
sex offender treatment as defined by the Sex Offender
Management Board. However, prisoners who are waiting to receive
treatment, but who are unable to do so due solely to the lack
of resources on the part of the Department, may, at the
Director's sole discretion, be awarded sentence credit at a
rate as the Director shall determine.
(4.7) On or after the effective date of this amendatory Act

10000SB1980ham001 - 160 - LRB100 11410 RLC 27200 a
of the 100th General Assembly, sentence credit under paragraph
(3), (4), or (4.1) of this subsection (a) may be awarded to a
prisoner who is serving a sentence for an offense described in
paragraph (2), (2.3), (2.4), (2.5), or (2.6) for credit earned
on or after the effective date of this amendatory Act of the
100th General Assembly; provided, the award of the credits
under this paragraph (4.7) shall not reduce the sentence of the
prisoner to less than the following amounts:
(i) 85% of his or her sentence if the prisoner is
required to serve 85% of his or her sentence; or
(ii) 60% of his or her sentence if the prisoner is
required to serve 75% of his or her sentence, except if the
prisoner is serving a sentence for gunrunning his or her
sentence shall not be reduced to less than 75%.
This paragraph (4.7) shall not apply to a prisoner serving
a sentence for an offense described in subparagraph (i) of
paragraph (2) of this subsection (a).
(5) Whenever the Department is to release any inmate
earlier than it otherwise would because of a grant of earned
sentence credit under paragraph (3) of subsection (a) of this
Section given at any time during the term, the Department shall
give reasonable notice of the impending release not less than
14 days prior to the date of the release to the State's
Attorney of the county where the prosecution of the inmate took
place, and if applicable, the State's Attorney of the county
into which the inmate will be released. The Department must

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also make identification information and a recent photo of the
inmate being released accessible on the Internet by means of a
hyperlink labeled "Community Notification of Inmate Early
Release" on the Department's World Wide Web homepage. The
identification information shall include the inmate's: name,
any known alias, date of birth, physical characteristics,
commitment offense and county where conviction was imposed. The
identification information shall be placed on the website
within 3 days of the inmate's release and the information may
not be removed until either: completion of the first year of
mandatory supervised release or return of the inmate to custody
of the Department.
(b) Whenever a person is or has been committed under
several convictions, with separate sentences, the sentences
shall be construed under Section 5-8-4 in granting and
forfeiting of sentence credit.
(c) The Department shall prescribe rules and regulations
for revoking sentence credit, including revoking sentence
credit awarded under paragraph (3) of subsection (a) of this
Section. The Department shall prescribe rules and regulations
for suspending or reducing the rate of accumulation of sentence
credit for specific rule violations, during imprisonment.
These rules and regulations shall provide that no inmate may be
penalized more than one year of sentence credit for any one
infraction.
When the Department seeks to revoke, suspend or reduce the

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rate of accumulation of any sentence credits for an alleged
infraction of its rules, it shall bring charges therefor
against the prisoner sought to be so deprived of sentence
credits before the Prisoner Review Board as provided in
subparagraph (a)(4) of Section 3-3-2 of this Code, if the
amount of credit at issue exceeds 30 days or when during any 12
month period, the cumulative amount of credit revoked exceeds
30 days except where the infraction is committed or discovered
within 60 days of scheduled release. In those cases, the
Department of Corrections may revoke up to 30 days of sentence
credit. The Board may subsequently approve the revocation of
additional sentence credit, if the Department seeks to revoke
sentence credit in excess of 30 days. However, the Board shall
not be empowered to review the Department's decision with
respect to the loss of 30 days of sentence credit within any
calendar year for any prisoner or to increase any penalty
beyond the length requested by the Department.
The Director of the Department of Corrections, in
appropriate cases, may restore up to 30 days of sentence
credits which have been revoked, suspended or reduced. Any
restoration of sentence credits in excess of 30 days shall be
subject to review by the Prisoner Review Board. However, the
Board may not restore sentence credit in excess of the amount
requested by the Director.
Nothing contained in this Section shall prohibit the
Prisoner Review Board from ordering, pursuant to Section

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3-3-9(a)(3)(i)(B), that a prisoner serve up to one year of the
sentence imposed by the court that was not served due to the
accumulation of sentence credit.
(d) If a lawsuit is filed by a prisoner in an Illinois or
federal court against the State, the Department of Corrections,
or the Prisoner Review Board, or against any of their officers
or employees, and the court makes a specific finding that a
pleading, motion, or other paper filed by the prisoner is
frivolous, the Department of Corrections shall conduct a
hearing to revoke up to 180 days of sentence credit by bringing
charges against the prisoner sought to be deprived of the
sentence credits before the Prisoner Review Board as provided
in subparagraph (a)(8) of Section 3-3-2 of this Code. If the
prisoner has not accumulated 180 days of sentence credit at the
time of the finding, then the Prisoner Review Board may revoke
all sentence credit accumulated by the prisoner.
For purposes of this subsection (d):
(1) "Frivolous" means that a pleading, motion, or other
filing which purports to be a legal document filed by a
prisoner in his or her lawsuit meets any or all of the
following criteria:
(A) it lacks an arguable basis either in law or in
fact;
(B) it is being presented for any improper purpose,
such as to harass or to cause unnecessary delay or
needless increase in the cost of litigation;

10000SB1980ham001 - 164 - LRB100 11410 RLC 27200 a
(C) the claims, defenses, and other legal
contentions therein are not warranted by existing law
or by a nonfrivolous argument for the extension,
modification, or reversal of existing law or the
establishment of new law;
(D) the allegations and other factual contentions
do not have evidentiary support or, if specifically so
identified, are not likely to have evidentiary support
after a reasonable opportunity for further
investigation or discovery; or
(E) the denials of factual contentions are not
warranted on the evidence, or if specifically so
identified, are not reasonably based on a lack of
information or belief.
(2) "Lawsuit" means a motion pursuant to Section 116-3
of the Code of Criminal Procedure of 1963, a habeas corpus
action under Article X of the Code of Civil Procedure or
under federal law (28 U.S.C. 2254), a petition for claim
under the Court of Claims Act, an action under the federal
Civil Rights Act (42 U.S.C. 1983), or a second or
subsequent petition for post-conviction relief under
Article 122 of the Code of Criminal Procedure of 1963
whether filed with or without leave of court or a second or
subsequent petition for relief from judgment under Section
2-1401 of the Code of Civil Procedure.
(e) Nothing in Public Act 90-592 or 90-593 affects the

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validity of Public Act 89-404.
(f) Whenever the Department is to release any inmate who
has been convicted of a violation of an order of protection
under Section 12-3.4 or 12-30 of the Criminal Code of 1961 or
the Criminal Code of 2012, earlier than it otherwise would
because of a grant of sentence credit, the Department, as a
condition of release, shall require that the person, upon
release, be placed under electronic surveillance as provided in
Section 5-8A-7 of this Code.
(g) The changes made to this Section by this amendatory Act
of the 100th General Assembly apply to prisoners sentenced
before the effective date of this amendatory Act of the 100th
General Assembly serving sentences of imprisonment on or after
the effective date of this amendatory Act of the 100th General
Assembly and to prisoners sentenced on or after the effective
date of this amendatory Act of the 100th General Assembly.
Nothing in this amendatory Act of the 100th General Assembly
shall be construed to permit the award of any additional
sentence credit provided in this amendatory Act of the 100th
General Assembly for any service of imprisonment before the
effective date of this amendatory Act of the 100th General
Assembly.
(Source: P.A. 98-718, eff. 1-1-15; 99-241, eff. 1-1-16; 99-275,
eff. 1-1-16; 99-642, eff. 7-28-16; 99-938, eff. 1-1-18.)
(730 ILCS 5/5-4-1) (from Ch. 38, par. 1005-4-1)

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(Text of Section before amendment by P.A. 99-938)
Sec. 5-4-1. Sentencing hearing.
(a) Except when the death penalty is sought under hearing
procedures otherwise specified, after a determination of
guilt, a hearing shall be held to impose the sentence. However,
prior to the imposition of sentence on an individual being
sentenced for an offense based upon a charge for a violation of
Section 11-501 of the Illinois Vehicle Code or a similar
provision of a local ordinance, the individual must undergo a
professional evaluation to determine if an alcohol or other
drug abuse problem exists and the extent of such a problem.
Programs conducting these evaluations shall be licensed by the
Department of Human Services. However, if the individual is not
a resident of Illinois, the court may, in its discretion,
accept an evaluation from a program in the state of such
individual's residence. The court may in its sentencing order
approve an eligible defendant for placement in a Department of
Corrections impact incarceration program as provided in
Section 5-8-1.1 or 5-8-1.3. The court may in its sentencing
order recommend a defendant for placement in a Department of
Corrections substance abuse treatment program as provided in
paragraph (a) of subsection (1) of Section 3-2-2 conditioned
upon the defendant being accepted in a program by the
Department of Corrections. At the hearing the court shall:
(1) consider the evidence, if any, received upon the
trial;

10000SB1980ham001 - 167 - LRB100 11410 RLC 27200 a
(2) consider any presentence reports;
(3) consider the financial impact of incarceration
based on the financial impact statement filed with the
clerk of the court by the Department of Corrections;
(4) consider evidence and information offered by the
parties in aggravation and mitigation;
(4.5) consider substance abuse treatment, eligibility
screening, and an assessment, if any, of the defendant by
an agent designated by the State of Illinois to provide
assessment services for the Illinois courts;
(5) hear arguments as to sentencing alternatives;
(6) afford the defendant the opportunity to make a
statement in his own behalf;
(7) afford the victim of a violent crime or a violation
of Section 11-501 of the Illinois Vehicle Code, or a
similar provision of a local ordinance, or a qualified
individual affected by: (i) a violation of Section 405,
405.1, 405.2, or 407 of the Illinois Controlled Substances
Act or a violation of Section 55 or Section 65 of the
Methamphetamine Control and Community Protection Act, or
(ii) a Class 4 felony violation of Section 11-14, 11-14.3
except as described in subdivisions (a)(2)(A) and
(a)(2)(B), 11-15, 11-17, 11-18, 11-18.1, or 11-19 of the
Criminal Code of 1961 or the Criminal Code of 2012,
committed by the defendant the opportunity to make a
statement concerning the impact on the victim and to offer

10000SB1980ham001 - 168 - LRB100 11410 RLC 27200 a
evidence in aggravation or mitigation; provided that the
statement and evidence offered in aggravation or
mitigation must first be prepared in writing in conjunction
with the State's Attorney before it may be presented orally
at the hearing. Any sworn testimony offered by the victim
is subject to the defendant's right to cross-examine. All
statements and evidence offered under this paragraph (7)
shall become part of the record of the court. For the
purpose of this paragraph (7), "qualified individual"
means any person who (i) lived or worked within the
territorial jurisdiction where the offense took place when
the offense took place; and (ii) is familiar with various
public places within the territorial jurisdiction where
the offense took place when the offense took place. For the
purposes of this paragraph (7), "qualified individual"
includes any peace officer, or any member of any duly
organized State, county, or municipal peace unit assigned
to the territorial jurisdiction where the offense took
place when the offense took place;
(8) in cases of reckless homicide afford the victim's
spouse, guardians, parents or other immediate family
members an opportunity to make oral statements;
(9) in cases involving a felony sex offense as defined
under the Sex Offender Management Board Act, consider the
results of the sex offender evaluation conducted pursuant
to Section 5-3-2 of this Act; and

10000SB1980ham001 - 169 - LRB100 11410 RLC 27200 a
(10) make a finding of whether a motor vehicle was used
in the commission of the offense for which the defendant is
being sentenced.
(b) All sentences shall be imposed by the judge based upon
his independent assessment of the elements specified above and
any agreement as to sentence reached by the parties. The judge
who presided at the trial or the judge who accepted the plea of
guilty shall impose the sentence unless he is no longer sitting
as a judge in that court. Where the judge does not impose
sentence at the same time on all defendants who are convicted
as a result of being involved in the same offense, the
defendant or the State's Attorney may advise the sentencing
court of the disposition of any other defendants who have been
sentenced.
(b-1) In imposing a sentence of imprisonment or periodic
imprisonment for a Class 3 or Class 4 felony for which a
sentence of probation or conditional discharge is an available
sentence, if the defendant has no prior sentence of probation
or conditional discharge and no prior conviction for a violent
crime, the defendant shall not be sentenced to imprisonment
before review and consideration of a presentence report and
determination and explanation of why the particular evidence,
information, factor in aggravation, factual finding, or other
reasons support a sentencing determination that one or more of
the factors under subsection (a) of Section 5-6-1 of this Code
apply and that probation or conditional discharge is not an

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appropriate sentence.
(c) In imposing a sentence for a violent crime or for an
offense of operating or being in physical control of a vehicle
while under the influence of alcohol, any other drug or any
combination thereof, or a similar provision of a local
ordinance, when such offense resulted in the personal injury to
someone other than the defendant, the trial judge shall specify
on the record the particular evidence, information, factors in
mitigation and aggravation or other reasons that led to his
sentencing determination. The full verbatim record of the
sentencing hearing shall be filed with the clerk of the court
and shall be a public record.
(c-1) In imposing a sentence for the offense of aggravated
kidnapping for ransom, home invasion, armed robbery,
aggravated vehicular hijacking, aggravated discharge of a
firearm, or armed violence with a category I weapon or category
II weapon, the trial judge shall make a finding as to whether
the conduct leading to conviction for the offense resulted in
great bodily harm to a victim, and shall enter that finding and
the basis for that finding in the record.
(c-2) If the defendant is sentenced to prison, other than
when a sentence of natural life imprisonment or a sentence of
death is imposed, at the time the sentence is imposed the judge
shall state on the record in open court the approximate period
of time the defendant will serve in custody according to the
then current statutory rules and regulations for sentence

10000SB1980ham001 - 171 - LRB100 11410 RLC 27200 a
credit found in Section 3-6-3 and other related provisions of
this Code. This statement is intended solely to inform the
public, has no legal effect on the defendant's actual release,
and may not be relied on by the defendant on appeal.
The judge's statement, to be given after pronouncing the
sentence, other than when the sentence is imposed for one of
the offenses enumerated in paragraph (a)(3) of Section 3-6-3,
shall include the following:
"The purpose of this statement is to inform the public of
the actual period of time this defendant is likely to spend in
prison as a result of this sentence. The actual period of
prison time served is determined by the statutes of Illinois as
applied to this sentence by the Illinois Department of
Corrections and the Illinois Prisoner Review Board. In this
case, assuming the defendant receives all of his or her
sentence credit, the period of estimated actual custody is ...
years and ... months, less up to 180 days additional sentence
credit for good conduct. If the defendant, because of his or
her own misconduct or failure to comply with the institutional
regulations, does not receive those credits, the actual time
served in prison will be longer. The defendant may also receive
an additional one-half day sentence credit for each day of
participation in vocational, industry, substance abuse, and
educational programs as provided for by Illinois statute."
When the sentence is imposed for one of the offenses
enumerated in paragraph (a)(3) of Section 3-6-3, other than

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when the sentence is imposed for one of the offenses enumerated
in paragraph (a)(2) of Section 3-6-3 committed on or after June
19, 1998, and other than when the sentence is imposed for
reckless homicide as defined in subsection (e) of Section 9-3
of the Criminal Code of 1961 or the Criminal Code of 2012 if
the offense was committed on or after January 1, 1999, and
other than when the sentence is imposed for aggravated arson if
the offense was committed on or after July 27, 2001 (the
effective date of Public Act 92-176), and other than when the
sentence is imposed for aggravated driving under the influence
of alcohol, other drug or drugs, or intoxicating compound or
compounds, or any combination thereof as defined in
subparagraph (C) of paragraph (1) of subsection (d) of Section
11-501 of the Illinois Vehicle Code committed on or after
January 1, 2011 (the effective date of Public Act 96-1230), the
judge's statement, to be given after pronouncing the sentence,
shall include the following:
"The purpose of this statement is to inform the public of
the actual period of time this defendant is likely to spend in
prison as a result of this sentence. The actual period of
prison time served is determined by the statutes of Illinois as
applied to this sentence by the Illinois Department of
Corrections and the Illinois Prisoner Review Board. In this
case, assuming the defendant receives all of his or her
sentence credit, the period of estimated actual custody is ...
years and ... months, less up to 90 days additional sentence

10000SB1980ham001 - 173 - LRB100 11410 RLC 27200 a
credit for good conduct. If the defendant, because of his or
her own misconduct or failure to comply with the institutional
regulations, does not receive those credits, the actual time
served in prison will be longer. The defendant may also receive
an additional one-half day sentence credit for each day of
participation in vocational, industry, substance abuse, and
educational programs as provided for by Illinois statute."
When the sentence is imposed for one of the offenses
enumerated in paragraph (a)(2) of Section 3-6-3, other than
first degree murder, and the offense was committed on or after
June 19, 1998, and when the sentence is imposed for reckless
homicide as defined in subsection (e) of Section 9-3 of the
Criminal Code of 1961 or the Criminal Code of 2012 if the
offense was committed on or after January 1, 1999, and when the
sentence is imposed for aggravated driving under the influence
of alcohol, other drug or drugs, or intoxicating compound or
compounds, or any combination thereof as defined in
subparagraph (F) of paragraph (1) of subsection (d) of Section
11-501 of the Illinois Vehicle Code, and when the sentence is
imposed for aggravated arson if the offense was committed on or
after July 27, 2001 (the effective date of Public Act 92-176),
and when the sentence is imposed for aggravated driving under
the influence of alcohol, other drug or drugs, or intoxicating
compound or compounds, or any combination thereof as defined in
subparagraph (C) of paragraph (1) of subsection (d) of Section
11-501 of the Illinois Vehicle Code committed on or after

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January 1, 2011 (the effective date of Public Act 96-1230), the
judge's statement, to be given after pronouncing the sentence,
shall include the following:
"The purpose of this statement is to inform the public of
the actual period of time this defendant is likely to spend in
prison as a result of this sentence. The actual period of
prison time served is determined by the statutes of Illinois as
applied to this sentence by the Illinois Department of
Corrections and the Illinois Prisoner Review Board. In this
case, the defendant is entitled to no more than 4 1/2 days of
sentence credit for each month of his or her sentence of
imprisonment. Therefore, this defendant will serve at least 85%
of his or her sentence. Assuming the defendant receives 4 1/2
days credit for each month of his or her sentence, the period
of estimated actual custody is ... years and ... months. If the
defendant, because of his or her own misconduct or failure to
comply with the institutional regulations receives lesser
credit, the actual time served in prison will be longer."
When a sentence of imprisonment is imposed for first degree
murder and the offense was committed on or after June 19, 1998,
the judge's statement, to be given after pronouncing the
sentence, shall include the following:
"The purpose of this statement is to inform the public of
the actual period of time this defendant is likely to spend in
prison as a result of this sentence. The actual period of
prison time served is determined by the statutes of Illinois as

10000SB1980ham001 - 175 - LRB100 11410 RLC 27200 a
applied to this sentence by the Illinois Department of
Corrections and the Illinois Prisoner Review Board. In this
case, the defendant is not entitled to sentence credit.
Therefore, this defendant will serve 100% of his or her
sentence."
When the sentencing order recommends placement in a
substance abuse program for any offense that results in
incarceration in a Department of Corrections facility and the
crime was committed on or after September 1, 2003 (the
effective date of Public Act 93-354), the judge's statement, in
addition to any other judge's statement required under this
Section, to be given after pronouncing the sentence, shall
include the following:
"The purpose of this statement is to inform the public of
the actual period of time this defendant is likely to spend in
prison as a result of this sentence. The actual period of
prison time served is determined by the statutes of Illinois as
applied to this sentence by the Illinois Department of
Corrections and the Illinois Prisoner Review Board. In this
case, the defendant shall receive no sentence credit for good
conduct under clause (3) of subsection (a) of Section 3-6-3
until he or she participates in and completes a substance abuse
treatment program or receives a waiver from the Director of
Corrections pursuant to clause (4.5) of subsection (a) of
Section 3-6-3."
(c-4) Before the sentencing hearing and as part of the

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presentence investigation under Section 5-3-1, the court shall
inquire of the defendant whether the defendant is currently
serving in or is a veteran of the Armed Forces of the United
States. If the defendant is currently serving in the Armed
Forces of the United States or is a veteran of the Armed Forces
of the United States and has been diagnosed as having a mental
illness by a qualified psychiatrist or clinical psychologist or
physician, the court may:
(1) order that the officer preparing the presentence
report consult with the United States Department of
Veterans Affairs, Illinois Department of Veterans'
Affairs, or another agency or person with suitable
knowledge or experience for the purpose of providing the
court with information regarding treatment options
available to the defendant, including federal, State, and
local programming; and
(2) consider the treatment recommendations of any
diagnosing or treating mental health professionals
together with the treatment options available to the
defendant in imposing sentence.
For the purposes of this subsection (c-4), "qualified
psychiatrist" means a reputable physician licensed in Illinois
to practice medicine in all its branches, who has specialized
in the diagnosis and treatment of mental and nervous disorders
for a period of not less than 5 years.
(c-6) In imposing a sentence, the trial judge shall

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specify, on the record, the particular evidence and other
reasons which led to his or her determination that a motor
vehicle was used in the commission of the offense.
(d) When the defendant is committed to the Department of
Corrections, the State's Attorney shall and counsel for the
defendant may file a statement with the clerk of the court to
be transmitted to the department, agency or institution to
which the defendant is committed to furnish such department,
agency or institution with the facts and circumstances of the
offense for which the person was committed together with all
other factual information accessible to them in regard to the
person prior to his commitment relative to his habits,
associates, disposition and reputation and any other facts and
circumstances which may aid such department, agency or
institution during its custody of such person. The clerk shall
within 10 days after receiving any such statements transmit a
copy to such department, agency or institution and a copy to
the other party, provided, however, that this shall not be
cause for delay in conveying the person to the department,
agency or institution to which he has been committed.
(e) The clerk of the court shall transmit to the
department, agency or institution, if any, to which the
defendant is committed, the following:
(1) the sentence imposed;
(2) any statement by the court of the basis for
imposing the sentence;

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(3) any presentence reports;
(3.5) any sex offender evaluations;
(3.6) any substance abuse treatment eligibility
screening and assessment of the defendant by an agent
designated by the State of Illinois to provide assessment
services for the Illinois courts;
(4) the number of days, if any, which the defendant has
been in custody and for which he is entitled to credit
against the sentence, which information shall be provided
to the clerk by the sheriff;
(4.1) any finding of great bodily harm made by the
court with respect to an offense enumerated in subsection
(c-1);
(5) all statements filed under subsection (d) of this
Section;
(6) any medical or mental health records or summaries
of the defendant;
(7) the municipality where the arrest of the offender
or the commission of the offense has occurred, where such
municipality has a population of more than 25,000 persons;
(8) all statements made and evidence offered under
paragraph (7) of subsection (a) of this Section; and
(9) all additional matters which the court directs the
clerk to transmit.
(f) In cases in which the court finds that a motor vehicle
was used in the commission of the offense for which the

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defendant is being sentenced, the clerk of the court shall,
within 5 days thereafter, forward a report of such conviction
to the Secretary of State.
(Source: P.A. 99-861, eff. 1-1-17.)
(Text of Section after amendment by P.A. 99-938)
Sec. 5-4-1. Sentencing hearing.
(a) Except when the death penalty is sought under hearing
procedures otherwise specified, after a determination of
guilt, a hearing shall be held to impose the sentence. However,
prior to the imposition of sentence on an individual being
sentenced for an offense based upon a charge for a violation of
Section 11-501 of the Illinois Vehicle Code or a similar
provision of a local ordinance, the individual must undergo a
professional evaluation to determine if an alcohol or other
drug abuse problem exists and the extent of such a problem.
Programs conducting these evaluations shall be licensed by the
Department of Human Services. However, if the individual is not
a resident of Illinois, the court may, in its discretion,
accept an evaluation from a program in the state of such
individual's residence. The court may in its sentencing order
approve an eligible defendant for placement in a Department of
Corrections impact incarceration program as provided in
Section 5-8-1.1 or 5-8-1.3. The court may in its sentencing
order recommend a defendant for placement in a Department of
Corrections substance abuse treatment program as provided in

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paragraph (a) of subsection (1) of Section 3-2-2 conditioned
upon the defendant being accepted in a program by the
Department of Corrections. At the hearing the court shall:
(1) consider the evidence, if any, received upon the
trial;
(2) consider any presentence reports;
(3) consider the financial impact of incarceration
based on the financial impact statement filed with the
clerk of the court by the Department of Corrections;
(4) consider evidence and information offered by the
parties in aggravation and mitigation;
(4.5) consider substance abuse treatment, eligibility
screening, and an assessment, if any, of the defendant by
an agent designated by the State of Illinois to provide
assessment services for the Illinois courts;
(5) hear arguments as to sentencing alternatives;
(6) afford the defendant the opportunity to make a
statement in his own behalf;
(7) afford the victim of a violent crime or a violation
of Section 11-501 of the Illinois Vehicle Code, or a
similar provision of a local ordinance, or a qualified
individual affected by: (i) a violation of Section 405,
405.1, 405.2, or 407 of the Illinois Controlled Substances
Act or a violation of Section 55 or Section 65 of the
Methamphetamine Control and Community Protection Act, or
(ii) a Class 4 felony violation of Section 11-14, 11-14.3

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except as described in subdivisions (a)(2)(A) and
(a)(2)(B), 11-15, 11-17, 11-18, 11-18.1, or 11-19 of the
Criminal Code of 1961 or the Criminal Code of 2012,
committed by the defendant the opportunity to make a
statement concerning the impact on the victim and to offer
evidence in aggravation or mitigation; provided that the
statement and evidence offered in aggravation or
mitigation must first be prepared in writing in conjunction
with the State's Attorney before it may be presented orally
at the hearing. Any sworn testimony offered by the victim
is subject to the defendant's right to cross-examine. All
statements and evidence offered under this paragraph (7)
shall become part of the record of the court. For the
purpose of this paragraph (7), "qualified individual"
means any person who (i) lived or worked within the
territorial jurisdiction where the offense took place when
the offense took place; and (ii) is familiar with various
public places within the territorial jurisdiction where
the offense took place when the offense took place. For the
purposes of this paragraph (7), "qualified individual"
includes any peace officer, or any member of any duly
organized State, county, or municipal peace unit assigned
to the territorial jurisdiction where the offense took
place when the offense took place;
(8) in cases of reckless homicide afford the victim's
spouse, guardians, parents or other immediate family

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members an opportunity to make oral statements;
(9) in cases involving a felony sex offense as defined
under the Sex Offender Management Board Act, consider the
results of the sex offender evaluation conducted pursuant
to Section 5-3-2 of this Act; and
(10) make a finding of whether a motor vehicle was used
in the commission of the offense for which the defendant is
being sentenced.
(b) All sentences shall be imposed by the judge based upon
his independent assessment of the elements specified above and
any agreement as to sentence reached by the parties. The judge
who presided at the trial or the judge who accepted the plea of
guilty shall impose the sentence unless he is no longer sitting
as a judge in that court. Where the judge does not impose
sentence at the same time on all defendants who are convicted
as a result of being involved in the same offense, the
defendant or the State's Attorney may advise the sentencing
court of the disposition of any other defendants who have been
sentenced.
(b-1) In imposing a sentence of imprisonment or periodic
imprisonment for a Class 3 or Class 4 felony for which a
sentence of probation or conditional discharge is an available
sentence, if the defendant has no prior sentence of probation
or conditional discharge and no prior conviction for a violent
crime, the defendant shall not be sentenced to imprisonment
before review and consideration of a presentence report and

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determination and explanation of why the particular evidence,
information, factor in aggravation, factual finding, or other
reasons support a sentencing determination that one or more of
the factors under subsection (a) of Section 5-6-1 of this Code
apply and that probation or conditional discharge is not an
appropriate sentence.
(c) In imposing a sentence for a violent crime or for an
offense of operating or being in physical control of a vehicle
while under the influence of alcohol, any other drug or any
combination thereof, or a similar provision of a local
ordinance, when such offense resulted in the personal injury to
someone other than the defendant, the trial judge shall specify
on the record the particular evidence, information, factors in
mitigation and aggravation or other reasons that led to his
sentencing determination. The full verbatim record of the
sentencing hearing shall be filed with the clerk of the court
and shall be a public record.
(c-1) In imposing a sentence for the offense of aggravated
kidnapping for ransom, home invasion, armed robbery,
aggravated vehicular hijacking, aggravated discharge of a
firearm, or armed violence with a category I weapon or category
II weapon, the trial judge shall make a finding as to whether
the conduct leading to conviction for the offense resulted in
great bodily harm to a victim, and shall enter that finding and
the basis for that finding in the record.
(c-2) If the defendant is sentenced to prison, other than

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when a sentence of natural life imprisonment or a sentence of
death is imposed, at the time the sentence is imposed the judge
shall state on the record in open court the approximate period
of time the defendant will serve in custody according to the
then current statutory rules and regulations for sentence
credit found in Section 3-6-3 and other related provisions of
this Code. This statement is intended solely to inform the
public, has no legal effect on the defendant's actual release,
and may not be relied on by the defendant on appeal.
The judge's statement, to be given after pronouncing the
sentence, other than when the sentence is imposed for one of
the offenses enumerated in paragraph (a)(4) of Section 3-6-3,
shall include the following:
"The purpose of this statement is to inform the public of
the actual period of time this defendant is likely to spend in
prison as a result of this sentence. The actual period of
prison time served is determined by the statutes of Illinois as
applied to this sentence by the Illinois Department of
Corrections and the Illinois Prisoner Review Board. In this
case, assuming the defendant receives all of his or her
sentence credit, the period of estimated actual custody is ...
years and ... months, less up to 180 days additional earned
sentence credit. If the defendant, because of his or her own
misconduct or failure to comply with the institutional
regulations, does not receive those credits, the actual time
served in prison will be longer. The defendant may also receive

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an additional one-half day sentence credit for each day of
participation in vocational, industry, substance abuse, and
educational programs as provided for by Illinois statute."
When the sentence is imposed for one of the offenses
enumerated in paragraph (a)(2) of Section 3-6-3, other than
first degree murder, and the offense was committed on or after
June 19, 1998, and when the sentence is imposed for reckless
homicide as defined in subsection (e) of Section 9-3 of the
Criminal Code of 1961 or the Criminal Code of 2012 if the
offense was committed on or after January 1, 1999, and when the
sentence is imposed for aggravated driving under the influence
of alcohol, other drug or drugs, or intoxicating compound or
compounds, or any combination thereof as defined in
subparagraph (F) of paragraph (1) of subsection (d) of Section
11-501 of the Illinois Vehicle Code, and when the sentence is
imposed for aggravated arson if the offense was committed on or
after July 27, 2001 (the effective date of Public Act 92-176),
and when the sentence is imposed for aggravated driving under
the influence of alcohol, other drug or drugs, or intoxicating
compound or compounds, or any combination thereof as defined in
subparagraph (C) of paragraph (1) of subsection (d) of Section
11-501 of the Illinois Vehicle Code committed on or after
January 1, 2011 (the effective date of Public Act 96-1230), the
judge's statement, to be given after pronouncing the sentence,
shall include the following:
"The purpose of this statement is to inform the public of

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the actual period of time this defendant is likely to spend in
prison as a result of this sentence. The actual period of
prison time served is determined by the statutes of Illinois as
applied to this sentence by the Illinois Department of
Corrections and the Illinois Prisoner Review Board. In this
case, the defendant is entitled to no more than 4 1/2 days of
sentence credit for each month of his or her sentence of
imprisonment. Therefore, this defendant will serve at least 85%
of his or her sentence. Assuming the defendant receives 4 1/2
days credit for each month of his or her sentence, the period
of estimated actual custody is ... years and ... months. If the
defendant, because of his or her own misconduct or failure to
comply with the institutional regulations receives lesser
credit, the actual time served in prison will be longer."
When a sentence of imprisonment is imposed for first degree
murder and the offense was committed on or after June 19, 1998,
the judge's statement, to be given after pronouncing the
sentence, shall include the following:
"The purpose of this statement is to inform the public of
the actual period of time this defendant is likely to spend in
prison as a result of this sentence. The actual period of
prison time served is determined by the statutes of Illinois as
applied to this sentence by the Illinois Department of
Corrections and the Illinois Prisoner Review Board. In this
case, the defendant is not entitled to sentence credit.
Therefore, this defendant will serve 100% of his or her

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sentence."
When the sentencing order recommends placement in a
substance abuse program for any offense that results in
incarceration in a Department of Corrections facility and the
crime was committed on or after September 1, 2003 (the
effective date of Public Act 93-354), the judge's statement, in
addition to any other judge's statement required under this
Section, to be given after pronouncing the sentence, shall
include the following:
"The purpose of this statement is to inform the public of
the actual period of time this defendant is likely to spend in
prison as a result of this sentence. The actual period of
prison time served is determined by the statutes of Illinois as
applied to this sentence by the Illinois Department of
Corrections and the Illinois Prisoner Review Board. In this
case, the defendant shall receive no earned sentence credit
under clause (3) of subsection (a) of Section 3-6-3 until he or
she participates in and completes a substance abuse treatment
program or receives a waiver from the Director of Corrections
pursuant to clause (4.5) of subsection (a) of Section 3-6-3."
(c-4) Before the sentencing hearing and as part of the
presentence investigation under Section 5-3-1, the court shall
inquire of the defendant whether the defendant is currently
serving in or is a veteran of the Armed Forces of the United
States. If the defendant is currently serving in the Armed
Forces of the United States or is a veteran of the Armed Forces

10000SB1980ham001 - 188 - LRB100 11410 RLC 27200 a
of the United States and has been diagnosed as having a mental
illness by a qualified psychiatrist or clinical psychologist or
physician, the court may:
(1) order that the officer preparing the presentence
report consult with the United States Department of
Veterans Affairs, Illinois Department of Veterans'
Affairs, or another agency or person with suitable
knowledge or experience for the purpose of providing the
court with information regarding treatment options
available to the defendant, including federal, State, and
local programming; and
(2) consider the treatment recommendations of any
diagnosing or treating mental health professionals
together with the treatment options available to the
defendant in imposing sentence.
For the purposes of this subsection (c-4), "qualified
psychiatrist" means a reputable physician licensed in Illinois
to practice medicine in all its branches, who has specialized
in the diagnosis and treatment of mental and nervous disorders
for a period of not less than 5 years.
(c-6) In imposing a sentence, the trial judge shall
specify, on the record, the particular evidence and other
reasons which led to his or her determination that a motor
vehicle was used in the commission of the offense.
(c-7) In imposing a sentence for a Class 3 or 4 felony,
other than a violent crime as defined in Section 3 of the

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Rights of Crime Victims and Witnesses Act, the court shall
determine and indicate in the sentencing order whether the
defendant has 4 or more or fewer than 4 months remaining on his
or her sentence accounting for time served.
(d) When the defendant is committed to the Department of
Corrections, the State's Attorney shall and counsel for the
defendant may file a statement with the clerk of the court to
be transmitted to the department, agency or institution to
which the defendant is committed to furnish such department,
agency or institution with the facts and circumstances of the
offense for which the person was committed together with all
other factual information accessible to them in regard to the
person prior to his commitment relative to his habits,
associates, disposition and reputation and any other facts and
circumstances which may aid such department, agency or
institution during its custody of such person. The clerk shall
within 10 days after receiving any such statements transmit a
copy to such department, agency or institution and a copy to
the other party, provided, however, that this shall not be
cause for delay in conveying the person to the department,
agency or institution to which he has been committed.
(e) The clerk of the court shall transmit to the
department, agency or institution, if any, to which the
defendant is committed, the following:
(1) the sentence imposed;
(2) any statement by the court of the basis for

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imposing the sentence;
(3) any presentence reports;
(3.5) any sex offender evaluations;
(3.6) any substance abuse treatment eligibility
screening and assessment of the defendant by an agent
designated by the State of Illinois to provide assessment
services for the Illinois courts;
(4) the number of days, if any, which the defendant has
been in custody and for which he is entitled to credit
against the sentence, which information shall be provided
to the clerk by the sheriff;
(4.1) any finding of great bodily harm made by the
court with respect to an offense enumerated in subsection
(c-1);
(5) all statements filed under subsection (d) of this
Section;
(6) any medical or mental health records or summaries
of the defendant;
(7) the municipality where the arrest of the offender
or the commission of the offense has occurred, where such
municipality has a population of more than 25,000 persons;
(8) all statements made and evidence offered under
paragraph (7) of subsection (a) of this Section; and
(9) all additional matters which the court directs the
clerk to transmit.
(f) In cases in which the court finds that a motor vehicle

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was used in the commission of the offense for which the
defendant is being sentenced, the clerk of the court shall,
within 5 days thereafter, forward a report of such conviction
to the Secretary of State.
(Source: P.A. 99-861, eff. 1-1-17; 99-938, eff. 1-1-18.)
(730 ILCS 5/5-4.5-95)
Sec. 5-4.5-95. GENERAL RECIDIVISM PROVISIONS.
(a) HABITUAL CRIMINALS.
(1) Every person who has been twice convicted in any
state or federal court of an offense that contains the same
elements as an offense now (the date of the offense
committed after the 2 prior convictions) classified in
Illinois as a Class X felony, criminal sexual assault,
aggravated kidnapping, or first degree murder, and who is
thereafter convicted of a Class X felony, criminal sexual
assault, or first degree murder, committed after the 2
prior convictions, shall be adjudged an habitual criminal.
(2) The 2 prior convictions need not have been for the
same offense.
(3) Any convictions that result from or are connected
with the same transaction, or result from offenses
committed at the same time, shall be counted for the
purposes of this Section as one conviction.
(4) This Section does not apply unless each of the
following requirements are satisfied:

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(A) The third offense was committed after July 3,
1980.
(B) The third offense was committed within 20 years
of the date that judgment was entered on the first
conviction; provided, however, that time spent in
custody shall not be counted.
(C) The third offense was committed after
conviction on the second offense.
(D) The second offense was committed after
conviction on the first offense.
(5) Anyone who, having attained the age of 18 at the
time of the third offense, is adjudged an habitual criminal
shall be sentenced to a term of natural life imprisonment.
(6) A prior conviction shall not be alleged in the
indictment, and no evidence or other disclosure of that
conviction shall be presented to the court or the jury
during the trial of an offense set forth in this Section
unless otherwise permitted by the issues properly raised in
that trial. After a plea or verdict or finding of guilty
and before sentence is imposed, the prosecutor may file
with the court a verified written statement signed by the
State's Attorney concerning any former conviction of an
offense set forth in this Section rendered against the
defendant. The court shall then cause the defendant to be
brought before it; shall inform the defendant of the
allegations of the statement so filed, and of his or her

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right to a hearing before the court on the issue of that
former conviction and of his or her right to counsel at
that hearing; and unless the defendant admits such
conviction, shall hear and determine the issue, and shall
make a written finding thereon. If a sentence has
previously been imposed, the court may vacate that sentence
and impose a new sentence in accordance with this Section.
(7) A duly authenticated copy of the record of any
alleged former conviction of an offense set forth in this
Section shall be prima facie evidence of that former
conviction; and a duly authenticated copy of the record of
the defendant's final release or discharge from probation
granted, or from sentence and parole supervision (if any)
imposed pursuant to that former conviction, shall be prima
facie evidence of that release or discharge.
(8) Any claim that a previous conviction offered by the
prosecution is not a former conviction of an offense set
forth in this Section because of the existence of any
exceptions described in this Section, is waived unless duly
raised at the hearing on that conviction, or unless the
prosecution's proof shows the existence of the exceptions
described in this Section.
(9) If the person so convicted shows to the
satisfaction of the court before whom that conviction was
had that he or she was released from imprisonment, upon
either of the sentences upon a pardon granted for the

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reason that he or she was innocent, that conviction and
sentence shall not be considered under this Section.
(10) This subsection (a) does not apply to a violation
of the Cannabis Control Act, the Illinois Controlled
Substances Act, or the Methamphetamine Control and
Community Protection Act.
(b) When a defendant, over the age of 21 years, is
convicted of a Class 1 or Class 2 felony that is a forcible
felony as defined in Section 2-8 of the Criminal Code of 2012,
except for an offense listed in subsection (c) of this Section,
after having twice been convicted in any state or federal court
of an offense that contains the same elements as an offense now
(the date the Class 1 or Class 2 forcible felony was committed)
classified in Illinois as a Class 2 or greater Class felony
that is a forcible felony as defined in Section 2-8 of the
Criminal Code of 2012, except for an offense listed in
subsection (c) of this Section, and those charges are
separately brought and tried and arise out of different series
of acts, that defendant shall be sentenced as a Class X
offender. This subsection does not apply unless:
(1) the first felony was committed after February 1,
1978 (the effective date of Public Act 80-1099);
(2) the second felony was committed after conviction on
the first; and
(3) the third felony was committed after conviction on
the second.

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This subsection (b) does not apply to a violation of the
Cannabis Control Act, the Illinois Controlled Substances Act,
or the Methamphetamine Control and Community Protection Act.
This subsection (b) does not apply to Class 1 or Class 2 felony
convictions for a violation of Section 16-1 of the Criminal
Code of 2012.
A person sentenced as a Class X offender under this
subsection (b) is not eligible to apply for treatment as a
condition of probation as provided by Section 40-10 of the
Alcoholism and Other Drug Abuse and Dependency Act (20 ILCS
301/40-10).
(Source: P.A. 99-69, eff. 1-1-16.)
(730 ILCS 5/5-4.5-110 new)
Sec. 5-4.5-110. SENTENCING GUIDELINES FOR INDIVIDUALS WITH
PRIOR FELONY FIREARM-RELATED OR OTHER SPECIFIED CONVICTIONS.
(a) DEFINITIONS. For the purposes of this Section:
"Firearm" has the meaning ascribed to it in Section 1.1
of the Firearm Owners Identification Card Act.
"Qualifying predicate offense" means the following
offenses under the Criminal Code of 2012:
(A) unlawful use or possession of a weapon by a
felon under Section 24-1.1 or similar offense under the
Criminal Code of 1961, when the weapon is a firearm;
(B) first degree murder under Section 9-1 or
similar offense under the Criminal Code of 1961;

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(C) attempted first degree murder with a firearm or
similar offense under the Criminal Code of 1961;
(D) aggravated kidnapping with a firearm under
paragraph (6) or (7) of subsection (a) of Section 10-2
or similar offense under the Criminal Code of 1961;
(E) aggravated battery with a firearm under
subsection (e) of Section 12-3.05 or similar offense
under the Criminal Code of 1961;
(F) aggravated criminal sexual assault under
Section 11-1.30 or similar offense under the Criminal
Code of 1961;
(G) predatory criminal sexual assault of a child
under Section 11-1.40 or similar offense under the
Criminal Code of 1961;
(H) armed robbery under Section 18-2 or similar
offense under the Criminal Code of 1961;
(I) vehicular hijacking under Section 18-3 or
similar offense under the Criminal Code of 1961;
(J) aggravated vehicular hijacking under Section
18-4 or similar offense under the Criminal Code of
1961;
(K) home invasion with a firearm under paragraph
(3), (4), or (5) of subsection (a) of Section 19-6 or
similar offense under the Criminal Code of 1961;
(L) aggravated discharge of a firearm under
Section 24-1.2 or similar offense under the Criminal

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Code of 1961;
(M) aggravated discharge of a machine gun or a
firearm equipped with a device designed or used for
silencing the report of a firearm under Section
24-1.2-5 or similar offense under the Criminal Code of
1961;
(N) unlawful use of firearm projectiles under
Section 24-2.1 or similar offense under the Criminal
Code of 1961;
(O) manufacture, sale, or transfer of bullets or
shells represented to be armor piercing bullets,
dragon's breath shotgun shells, bolo shells, or
flechette shells under Section 24-2.2 or similar
offense under the Criminal Code of 1961;
(P) unlawful sale or delivery of firearms under
Section 24-3 or similar offense under the Criminal Code
of 1961;
(Q) unlawful discharge of firearm projectiles
under Section 24-3.2 or similar offense under the
Criminal Code of 1961;
(R) unlawful sale or delivery of firearms on school
premises of any school under Section 24-3.3 or similar
offense under the Criminal Code of 1961;
(S) unlawful purchase of a firearm under Section
24-3.5 or similar offense under the Criminal Code of
1961;

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(T) use of a stolen firearm in the commission of an
offense under Section 24-3.7 or similar offense under
the Criminal Code of 1961;
(U) possession of a stolen firearm under Section
24-3.8 or similar offense under the Criminal Code of
1961;
(V) aggravated possession of a stolen firearm
under Section 24-3.9 or similar offense under the
Criminal Code of 1961;
(W) gunrunning under Section 24-3A or similar
offense under the Criminal Code of 1961;
(X) defacing identification marks of firearms
under Section 24-5 or similar offense under the
Criminal Code of 1961; and
(Y) armed violence under Section 33A-2 or similar
offense under the Criminal Code of 1961.
(b) APPLICABILITY. For an offense committed on or after the
effective date of this amendatory Act of the 100th General
Assembly and before January 1, 2023, when a person is convicted
of unlawful use or possession of a weapon by a felon, when the
weapon is a firearm, or aggravated unlawful use of a weapon,
when the weapon is a firearm, after being previously convicted
of a qualifying predicate offense the person shall be subject
to the sentencing guidelines under this Section.
(c) SENTENCING GUIDELINES.
(1) When a person is convicted of unlawful use or

10000SB1980ham001 - 199 - LRB100 11410 RLC 27200 a
possession of a weapon by a felon, when the weapon is a
firearm, and that person has been previously convicted of a
qualifying predicate offense, the person shall be
sentenced to a term of imprisonment within the sentencing
range of not less than 7 years and not more than 14 years,
unless the court finds that a departure from the sentencing
guidelines under this paragraph is warranted under
subsection (d) of this Section.
(2) When a person is convicted of aggravated unlawful
use of a weapon, when the weapon is a firearm, and that
person has been previously convicted of a qualifying
predicate offense, the person shall be sentenced to a term
of imprisonment within the sentencing range of not less
than 6 years and not more than 7 years, unless the court
finds that a departure from the sentencing guidelines under
this paragraph is warranted under subsection (d) of this
Section.
(3) The sentencing guidelines in paragraphs (1) and (2)
of this subsection (c) apply only to offenses committed on
and after the effective date of this amendatory Act of the
100th General Assembly and before January 1, 2023.
(d) DEPARTURE FROM SENTENCING GUIDELINES.
(1) At the sentencing hearing conducted under Section
5-4-1 of this Code, the court may depart from the
sentencing guidelines provided in subsection (c) of this
Section and impose a sentence otherwise authorized by law

10000SB1980ham001 - 200 - LRB100 11410 RLC 27200 a
for the offense if the court, after considering any factor
under paragraph (2) of this subsection (d) relevant to the
nature and circumstances of the crime and to the history
and character of the defendant, finds on the record
substantial and compelling justification that the sentence
within the sentencing guidelines would be unduly harsh and
that a sentence otherwise authorized by law would be
consistent with public safety and does not deprecate the
seriousness of the offense.
(2) In deciding whether to depart from the sentencing
guidelines under this paragraph, the court shall consider:
(A) the age, immaturity, or limited mental
capacity of the defendant at the time of commission of
the qualifying predicate or current offense, including
whether the defendant was suffering from a mental or
physical condition insufficient to constitute a
defense but significantly reduced the defendant's
culpability;
(B) the nature and circumstances of the qualifying
predicate offense;
(C) the time elapsed since the qualifying
predicate offense;
(D) the nature and circumstances of the current
offense;
(E) the defendant's prior criminal history;
(F) whether the defendant committed the qualifying

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predicate or current offense under specific and
credible duress, coercion, threat, or compulsion;
(G) whether the defendant aided in the
apprehension of another felon or testified truthfully
on behalf of another prosecution of a felony; and
(H) whether departure is in the interest of the
person's rehabilitation, including employment or
educational or vocational training, after taking into
account any past rehabilitation efforts or
dispositions of probation or supervision, and the
defendant's cooperation or response to rehabilitation.
(3) When departing from the sentencing guidelines
under this Section, the court shall specify on the record,
the particular evidence, information, factor or factors,
or other reasons which led to the departure from the
sentencing guidelines. When departing from the sentencing
range in accordance with this subsection (d), the court
shall indicate on the sentencing order which departure
factor or factors outlined in paragraph (2) of this
subsection (d) led to the sentence imposed. The sentencing
order shall be filed with the clerk of the court and shall
be a public record.
(e) This Section is repealed on January 1, 2023.
(730 ILCS 5/5-5-3) (from Ch. 38, par. 1005-5-3)
(Text of Section before amendment by P.A. 99-938)

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Sec. 5-5-3. Disposition.
(a) (Blank).
(b) (Blank).
(c) (1) (Blank).
(2) A period of probation, a term of periodic imprisonment
or conditional discharge shall not be imposed for the following
offenses. The court shall sentence the offender to not less
than the minimum term of imprisonment set forth in this Code
for the following offenses, and may order a fine or restitution
or both in conjunction with such term of imprisonment:
(A) First degree murder where the death penalty is not
imposed.
(B) Attempted first degree murder.
(C) A Class X felony.
(D) A violation of Section 401.1 or 407 of the Illinois
Controlled Substances Act, or a violation of subdivision
(c)(1.5) or (c)(2) of Section 401 of that Act which relates
to more than 5 grams of a substance containing cocaine,
fentanyl, or an analog thereof.
(D-5) A violation of subdivision (c)(1) of Section 401
of the Illinois Controlled Substances Act which relates to
3 or more grams of a substance containing heroin or an
analog thereof.
(E) A violation of Section 5.1 or 9 of the Cannabis
Control Act.
(F) A Class 2 or greater felony if the offender had

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been convicted of a Class 2 or greater felony, including
any state or federal conviction for an offense that
contained, at the time it was committed, the same elements
as an offense now (the date of the offense committed after
the prior Class 2 or greater felony) classified as a Class
2 or greater felony, within 10 years of the date on which
the offender committed the offense for which he or she is
being sentenced, except as otherwise provided in Section
40-10 of the Alcoholism and Other Drug Abuse and Dependency
Act.
(F-5) A violation of Section 24-1, 24-1.1, or 24-1.6 of
the Criminal Code of 1961 or the Criminal Code of 2012 for
which imprisonment is prescribed in those Sections.
(G) Residential burglary, except as otherwise provided
in Section 40-10 of the Alcoholism and Other Drug Abuse and
Dependency Act.
(H) Criminal sexual assault.
(I) Aggravated battery of a senior citizen as described
in Section 12-4.6 or subdivision (a)(4) of Section 12-3.05
of the Criminal Code of 1961 or the Criminal Code of 2012.
(J) A forcible felony if the offense was related to the
activities of an organized gang.
Before July 1, 1994, for the purposes of this
paragraph, "organized gang" means an association of 5 or
more persons, with an established hierarchy, that
encourages members of the association to perpetrate crimes

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or provides support to the members of the association who
do commit crimes.
Beginning July 1, 1994, for the purposes of this
paragraph, "organized gang" has the meaning ascribed to it
in Section 10 of the Illinois Streetgang Terrorism Omnibus
Prevention Act.
(K) Vehicular hijacking.
(L) A second or subsequent conviction for the offense
of hate crime when the underlying offense upon which the
hate crime is based is felony aggravated assault or felony
mob action.
(M) A second or subsequent conviction for the offense
of institutional vandalism if the damage to the property
exceeds $300.
(N) A Class 3 felony violation of paragraph (1) of
subsection (a) of Section 2 of the Firearm Owners
Identification Card Act.
(O) A violation of Section 12-6.1 or 12-6.5 of the
Criminal Code of 1961 or the Criminal Code of 2012.
(P) A violation of paragraph (1), (2), (3), (4), (5),
or (7) of subsection (a) of Section 11-20.1 of the Criminal
Code of 1961 or the Criminal Code of 2012.
(Q) A violation of subsection (b) or (b-5) of Section
20-1, Section 20-1.2, or Section 20-1.3 of the Criminal
Code of 1961 or the Criminal Code of 2012.
(R) A violation of Section 24-3A of the Criminal Code

10000SB1980ham001 - 205 - LRB100 11410 RLC 27200 a
of 1961 or the Criminal Code of 2012.
(S) (Blank).
(T) A second or subsequent violation of the
Methamphetamine Control and Community Protection Act.
(U) A second or subsequent violation of Section 6-303
of the Illinois Vehicle Code committed while his or her
driver's license, permit, or privilege was revoked because
of a violation of Section 9-3 of the Criminal Code of 1961
or the Criminal Code of 2012, relating to the offense of
reckless homicide, or a similar provision of a law of
another state.
(V) A violation of paragraph (4) of subsection (c) of
Section 11-20.1B or paragraph (4) of subsection (c) of
Section 11-20.3 of the Criminal Code of 1961, or paragraph
(6) of subsection (a) of Section 11-20.1 of the Criminal
Code of 2012 when the victim is under 13 years of age and
the defendant has previously been convicted under the laws
of this State or any other state of the offense of child
pornography, aggravated child pornography, aggravated
criminal sexual abuse, aggravated criminal sexual assault,
predatory criminal sexual assault of a child, or any of the
offenses formerly known as rape, deviate sexual assault,
indecent liberties with a child, or aggravated indecent
liberties with a child where the victim was under the age
of 18 years or an offense that is substantially equivalent
to those offenses.

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(W) A violation of Section 24-3.5 of the Criminal Code
of 1961 or the Criminal Code of 2012.
(X) A violation of subsection (a) of Section 31-1a of
the Criminal Code of 1961 or the Criminal Code of 2012.
(Y) A conviction for unlawful possession of a firearm
by a street gang member when the firearm was loaded or
contained firearm ammunition.
(Z) A Class 1 felony committed while he or she was
serving a term of probation or conditional discharge for a
felony.
(AA) Theft of property exceeding $500,000 and not
exceeding $1,000,000 in value.
(BB) Laundering of criminally derived property of a
value exceeding $500,000.
(CC) Knowingly selling, offering for sale, holding for
sale, or using 2,000 or more counterfeit items or
counterfeit items having a retail value in the aggregate of
$500,000 or more.
(DD) A conviction for aggravated assault under
paragraph (6) of subsection (c) of Section 12-2 of the
Criminal Code of 1961 or the Criminal Code of 2012 if the
firearm is aimed toward the person against whom the firearm
is being used.
(EE) A conviction for a violation of paragraph (2) of
subsection (a) of Section 24-3B of the Criminal Code of
2012.

10000SB1980ham001 - 207 - LRB100 11410 RLC 27200 a
(3) (Blank).
(4) A minimum term of imprisonment of not less than 10
consecutive days or 30 days of community service shall be
imposed for a violation of paragraph (c) of Section 6-303 of
the Illinois Vehicle Code.
(4.1) (Blank).
(4.2) Except as provided in paragraphs (4.3) and (4.8) of
this subsection (c), a minimum of 100 hours of community
service shall be imposed for a second violation of Section
6-303 of the Illinois Vehicle Code.
(4.3) A minimum term of imprisonment of 30 days or 300
hours of community service, as determined by the court, shall
be imposed for a second violation of subsection (c) of Section
6-303 of the Illinois Vehicle Code.
(4.4) Except as provided in paragraphs (4.5), (4.6), and
(4.9) of this subsection (c), a minimum term of imprisonment of
30 days or 300 hours of community service, as determined by the
court, shall be imposed for a third or subsequent violation of
Section 6-303 of the Illinois Vehicle Code.
(4.5) A minimum term of imprisonment of 30 days shall be
imposed for a third violation of subsection (c) of Section
6-303 of the Illinois Vehicle Code.
(4.6) Except as provided in paragraph (4.10) of this
subsection (c), a minimum term of imprisonment of 180 days
shall be imposed for a fourth or subsequent violation of
subsection (c) of Section 6-303 of the Illinois Vehicle Code.

10000SB1980ham001 - 208 - LRB100 11410 RLC 27200 a
(4.7) A minimum term of imprisonment of not less than 30
consecutive days, or 300 hours of community service, shall be
imposed for a violation of subsection (a-5) of Section 6-303 of
the Illinois Vehicle Code, as provided in subsection (b-5) of
that Section.
(4.8) A mandatory prison sentence shall be imposed for a
second violation of subsection (a-5) of Section 6-303 of the
Illinois Vehicle Code, as provided in subsection (c-5) of that
Section. The person's driving privileges shall be revoked for a
period of not less than 5 years from the date of his or her
release from prison.
(4.9) A mandatory prison sentence of not less than 4 and
not more than 15 years shall be imposed for a third violation
of subsection (a-5) of Section 6-303 of the Illinois Vehicle
Code, as provided in subsection (d-2.5) of that Section. The
person's driving privileges shall be revoked for the remainder
of his or her life.
(4.10) A mandatory prison sentence for a Class 1 felony
shall be imposed, and the person shall be eligible for an
extended term sentence, for a fourth or subsequent violation of
subsection (a-5) of Section 6-303 of the Illinois Vehicle Code,
as provided in subsection (d-3.5) of that Section. The person's
driving privileges shall be revoked for the remainder of his or
her life.
(5) The court may sentence a corporation or unincorporated
association convicted of any offense to:

10000SB1980ham001 - 209 - LRB100 11410 RLC 27200 a
(A) a period of conditional discharge;
(B) a fine;
(C) make restitution to the victim under Section 5-5-6
of this Code.
(5.1) In addition to any other penalties imposed, and
except as provided in paragraph (5.2) or (5.3), a person
convicted of violating subsection (c) of Section 11-907 of the
Illinois Vehicle Code shall have his or her driver's license,
permit, or privileges suspended for at least 90 days but not
more than one year, if the violation resulted in damage to the
property of another person.
(5.2) In addition to any other penalties imposed, and
except as provided in paragraph (5.3), a person convicted of
violating subsection (c) of Section 11-907 of the Illinois
Vehicle Code shall have his or her driver's license, permit, or
privileges suspended for at least 180 days but not more than 2
years, if the violation resulted in injury to another person.
(5.3) In addition to any other penalties imposed, a person
convicted of violating subsection (c) of Section 11-907 of the
Illinois Vehicle Code shall have his or her driver's license,
permit, or privileges suspended for 2 years, if the violation
resulted in the death of another person.
(5.4) In addition to any other penalties imposed, a person
convicted of violating Section 3-707 of the Illinois Vehicle
Code shall have his or her driver's license, permit, or
privileges suspended for 3 months and until he or she has paid

10000SB1980ham001 - 210 - LRB100 11410 RLC 27200 a
a reinstatement fee of $100.
(5.5) In addition to any other penalties imposed, a person
convicted of violating Section 3-707 of the Illinois Vehicle
Code during a period in which his or her driver's license,
permit, or privileges were suspended for a previous violation
of that Section shall have his or her driver's license, permit,
or privileges suspended for an additional 6 months after the
expiration of the original 3-month suspension and until he or
she has paid a reinstatement fee of $100.
(6) (Blank).
(7) (Blank).
(8) (Blank).
(9) A defendant convicted of a second or subsequent offense
of ritualized abuse of a child may be sentenced to a term of
natural life imprisonment.
(10) (Blank).
(11) The court shall impose a minimum fine of $1,000 for a
first offense and $2,000 for a second or subsequent offense
upon a person convicted of or placed on supervision for battery
when the individual harmed was a sports official or coach at
any level of competition and the act causing harm to the sports
official or coach occurred within an athletic facility or
within the immediate vicinity of the athletic facility at which
the sports official or coach was an active participant of the
athletic contest held at the athletic facility. For the
purposes of this paragraph (11), "sports official" means a

10000SB1980ham001 - 211 - LRB100 11410 RLC 27200 a
person at an athletic contest who enforces the rules of the
contest, such as an umpire or referee; "athletic facility"
means an indoor or outdoor playing field or recreational area
where sports activities are conducted; and "coach" means a
person recognized as a coach by the sanctioning authority that
conducted the sporting event.
(12) A person may not receive a disposition of court
supervision for a violation of Section 5-16 of the Boat
Registration and Safety Act if that person has previously
received a disposition of court supervision for a violation of
that Section.
(13) A person convicted of or placed on court supervision
for an assault or aggravated assault when the victim and the
offender are family or household members as defined in Section
103 of the Illinois Domestic Violence Act of 1986 or convicted
of domestic battery or aggravated domestic battery may be
required to attend a Partner Abuse Intervention Program under
protocols set forth by the Illinois Department of Human
Services under such terms and conditions imposed by the court.
The costs of such classes shall be paid by the offender.
(d) In any case in which a sentence originally imposed is
vacated, the case shall be remanded to the trial court. The
trial court shall hold a hearing under Section 5-4-1 of the
Unified Code of Corrections which may include evidence of the
defendant's life, moral character and occupation during the
time since the original sentence was passed. The trial court

10000SB1980ham001 - 212 - LRB100 11410 RLC 27200 a
shall then impose sentence upon the defendant. The trial court
may impose any sentence which could have been imposed at the
original trial subject to Section 5-5-4 of the Unified Code of
Corrections. If a sentence is vacated on appeal or on
collateral attack due to the failure of the trier of fact at
trial to determine beyond a reasonable doubt the existence of a
fact (other than a prior conviction) necessary to increase the
punishment for the offense beyond the statutory maximum
otherwise applicable, either the defendant may be re-sentenced
to a term within the range otherwise provided or, if the State
files notice of its intention to again seek the extended
sentence, the defendant shall be afforded a new trial.
(e) In cases where prosecution for aggravated criminal
sexual abuse under Section 11-1.60 or 12-16 of the Criminal
Code of 1961 or the Criminal Code of 2012 results in conviction
of a defendant who was a family member of the victim at the
time of the commission of the offense, the court shall consider
the safety and welfare of the victim and may impose a sentence
of probation only where:
(1) the court finds (A) or (B) or both are appropriate:
(A) the defendant is willing to undergo a court
approved counseling program for a minimum duration of 2
years; or
(B) the defendant is willing to participate in a
court approved plan including but not limited to the
defendant's:

10000SB1980ham001 - 213 - LRB100 11410 RLC 27200 a
(i) removal from the household;
(ii) restricted contact with the victim;
(iii) continued financial support of the
family;
(iv) restitution for harm done to the victim;
and
(v) compliance with any other measures that
the court may deem appropriate; and
(2) the court orders the defendant to pay for the
victim's counseling services, to the extent that the court
finds, after considering the defendant's income and
assets, that the defendant is financially capable of paying
for such services, if the victim was under 18 years of age
at the time the offense was committed and requires
counseling as a result of the offense.
Probation may be revoked or modified pursuant to Section
5-6-4; except where the court determines at the hearing that
the defendant violated a condition of his or her probation
restricting contact with the victim or other family members or
commits another offense with the victim or other family
members, the court shall revoke the defendant's probation and
impose a term of imprisonment.
For the purposes of this Section, "family member" and
"victim" shall have the meanings ascribed to them in Section
11-0.1 of the Criminal Code of 2012.
(f) (Blank).

10000SB1980ham001 - 214 - LRB100 11410 RLC 27200 a
(g) Whenever a defendant is convicted of an offense under
Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-14,
11-14.3, 11-14.4 except for an offense that involves keeping a
place of juvenile prostitution, 11-15, 11-15.1, 11-16, 11-17,
11-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 12-13, 12-14,
12-14.1, 12-15 or 12-16 of the Criminal Code of 1961 or the
Criminal Code of 2012, the defendant shall undergo medical
testing to determine whether the defendant has any sexually
transmissible disease, including a test for infection with
human immunodeficiency virus (HIV) or any other identified
causative agent of acquired immunodeficiency syndrome (AIDS).
Any such medical test shall be performed only by appropriately
licensed medical practitioners and may include an analysis of
any bodily fluids as well as an examination of the defendant's
person. Except as otherwise provided by law, the results of
such test shall be kept strictly confidential by all medical
personnel involved in the testing and must be personally
delivered in a sealed envelope to the judge of the court in
which the conviction was entered for the judge's inspection in
camera. Acting in accordance with the best interests of the
victim and the public, the judge shall have the discretion to
determine to whom, if anyone, the results of the testing may be
revealed. The court shall notify the defendant of the test
results. The court shall also notify the victim if requested by
the victim, and if the victim is under the age of 15 and if
requested by the victim's parents or legal guardian, the court

10000SB1980ham001 - 215 - LRB100 11410 RLC 27200 a
shall notify the victim's parents or legal guardian of the test
results. The court shall provide information on the
availability of HIV testing and counseling at Department of
Public Health facilities to all parties to whom the results of
the testing are revealed and shall direct the State's Attorney
to provide the information to the victim when possible. A
State's Attorney may petition the court to obtain the results
of any HIV test administered under this Section, and the court
shall grant the disclosure if the State's Attorney shows it is
relevant in order to prosecute a charge of criminal
transmission of HIV under Section 12-5.01 or 12-16.2 of the
Criminal Code of 1961 or the Criminal Code of 2012 against the
defendant. The court shall order that the cost of any such test
shall be paid by the county and may be taxed as costs against
the convicted defendant.
(g-5) When an inmate is tested for an airborne communicable
disease, as determined by the Illinois Department of Public
Health including but not limited to tuberculosis, the results
of the test shall be personally delivered by the warden or his
or her designee in a sealed envelope to the judge of the court
in which the inmate must appear for the judge's inspection in
camera if requested by the judge. Acting in accordance with the
best interests of those in the courtroom, the judge shall have
the discretion to determine what if any precautions need to be
taken to prevent transmission of the disease in the courtroom.
(h) Whenever a defendant is convicted of an offense under

10000SB1980ham001 - 216 - LRB100 11410 RLC 27200 a
Section 1 or 2 of the Hypodermic Syringes and Needles Act, the
defendant shall undergo medical testing to determine whether
the defendant has been exposed to human immunodeficiency virus
(HIV) or any other identified causative agent of acquired
immunodeficiency syndrome (AIDS). Except as otherwise provided
by law, the results of such test shall be kept strictly
confidential by all medical personnel involved in the testing
and must be personally delivered in a sealed envelope to the
judge of the court in which the conviction was entered for the
judge's inspection in camera. Acting in accordance with the
best interests of the public, the judge shall have the
discretion to determine to whom, if anyone, the results of the
testing may be revealed. The court shall notify the defendant
of a positive test showing an infection with the human
immunodeficiency virus (HIV). The court shall provide
information on the availability of HIV testing and counseling
at Department of Public Health facilities to all parties to
whom the results of the testing are revealed and shall direct
the State's Attorney to provide the information to the victim
when possible. A State's Attorney may petition the court to
obtain the results of any HIV test administered under this
Section, and the court shall grant the disclosure if the
State's Attorney shows it is relevant in order to prosecute a
charge of criminal transmission of HIV under Section 12-5.01 or
12-16.2 of the Criminal Code of 1961 or the Criminal Code of
2012 against the defendant. The court shall order that the cost

10000SB1980ham001 - 217 - LRB100 11410 RLC 27200 a
of any such test shall be paid by the county and may be taxed as
costs against the convicted defendant.
(i) All fines and penalties imposed under this Section for
any violation of Chapters 3, 4, 6, and 11 of the Illinois
Vehicle Code, or a similar provision of a local ordinance, and
any violation of the Child Passenger Protection Act, or a
similar provision of a local ordinance, shall be collected and
disbursed by the circuit clerk as provided under Section 27.5
of the Clerks of Courts Act.
(j) In cases when prosecution for any violation of Section
11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-8, 11-9,
11-11, 11-14, 11-14.3, 11-14.4, 11-15, 11-15.1, 11-16, 11-17,
11-17.1, 11-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 11-20.1,
11-20.1B, 11-20.3, 11-21, 11-30, 11-40, 12-13, 12-14, 12-14.1,
12-15, or 12-16 of the Criminal Code of 1961 or the Criminal
Code of 2012, any violation of the Illinois Controlled
Substances Act, any violation of the Cannabis Control Act, or
any violation of the Methamphetamine Control and Community
Protection Act results in conviction, a disposition of court
supervision, or an order of probation granted under Section 10
of the Cannabis Control Act, Section 410 of the Illinois
Controlled Substances Act, or Section 70 of the Methamphetamine
Control and Community Protection Act of a defendant, the court
shall determine whether the defendant is employed by a facility
or center as defined under the Child Care Act of 1969, a public
or private elementary or secondary school, or otherwise works

10000SB1980ham001 - 218 - LRB100 11410 RLC 27200 a
with children under 18 years of age on a daily basis. When a
defendant is so employed, the court shall order the Clerk of
the Court to send a copy of the judgment of conviction or order
of supervision or probation to the defendant's employer by
certified mail. If the employer of the defendant is a school,
the Clerk of the Court shall direct the mailing of a copy of
the judgment of conviction or order of supervision or probation
to the appropriate regional superintendent of schools. The
regional superintendent of schools shall notify the State Board
of Education of any notification under this subsection.
(j-5) A defendant at least 17 years of age who is convicted
of a felony and who has not been previously convicted of a
misdemeanor or felony and who is sentenced to a term of
imprisonment in the Illinois Department of Corrections shall as
a condition of his or her sentence be required by the court to
attend educational courses designed to prepare the defendant
for a high school diploma and to work toward a high school
diploma or to work toward passing high school equivalency
testing or to work toward completing a vocational training
program offered by the Department of Corrections. If a
defendant fails to complete the educational training required
by his or her sentence during the term of incarceration, the
Prisoner Review Board shall, as a condition of mandatory
supervised release, require the defendant, at his or her own
expense, to pursue a course of study toward a high school
diploma or passage of high school equivalency testing. The

10000SB1980ham001 - 219 - LRB100 11410 RLC 27200 a
Prisoner Review Board shall revoke the mandatory supervised
release of a defendant who wilfully fails to comply with this
subsection (j-5) upon his or her release from confinement in a
penal institution while serving a mandatory supervised release
term; however, the inability of the defendant after making a
good faith effort to obtain financial aid or pay for the
educational training shall not be deemed a wilful failure to
comply. The Prisoner Review Board shall recommit the defendant
whose mandatory supervised release term has been revoked under
this subsection (j-5) as provided in Section 3-3-9. This
subsection (j-5) does not apply to a defendant who has a high
school diploma or has successfully passed high school
equivalency testing. This subsection (j-5) does not apply to a
defendant who is determined by the court to be a person with a
developmental disability or otherwise mentally incapable of
completing the educational or vocational program.
(k) (Blank).
(l) (A) Except as provided in paragraph (C) of subsection
(l), whenever a defendant, who is an alien as defined by the
Immigration and Nationality Act, is convicted of any felony or
misdemeanor offense, the court after sentencing the defendant
may, upon motion of the State's Attorney, hold sentence in
abeyance and remand the defendant to the custody of the
Attorney General of the United States or his or her designated
agent to be deported when:
(1) a final order of deportation has been issued

10000SB1980ham001 - 220 - LRB100 11410 RLC 27200 a
against the defendant pursuant to proceedings under the
Immigration and Nationality Act, and
(2) the deportation of the defendant would not
deprecate the seriousness of the defendant's conduct and
would not be inconsistent with the ends of justice.
Otherwise, the defendant shall be sentenced as provided in
this Chapter V.
(B) If the defendant has already been sentenced for a
felony or misdemeanor offense, or has been placed on probation
under Section 10 of the Cannabis Control Act, Section 410 of
the Illinois Controlled Substances Act, or Section 70 of the
Methamphetamine Control and Community Protection Act, the
court may, upon motion of the State's Attorney to suspend the
sentence imposed, commit the defendant to the custody of the
Attorney General of the United States or his or her designated
agent when:
(1) a final order of deportation has been issued
against the defendant pursuant to proceedings under the
Immigration and Nationality Act, and
(2) the deportation of the defendant would not
deprecate the seriousness of the defendant's conduct and
would not be inconsistent with the ends of justice.
(C) This subsection (l) does not apply to offenders who are
subject to the provisions of paragraph (2) of subsection (a) of
Section 3-6-3.
(D) Upon motion of the State's Attorney, if a defendant

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sentenced under this Section returns to the jurisdiction of the
United States, the defendant shall be recommitted to the
custody of the county from which he or she was sentenced.
Thereafter, the defendant shall be brought before the
sentencing court, which may impose any sentence that was
available under Section 5-5-3 at the time of initial
sentencing. In addition, the defendant shall not be eligible
for additional sentence credit for good conduct as provided
under Section 3-6-3.
(m) A person convicted of criminal defacement of property
under Section 21-1.3 of the Criminal Code of 1961 or the
Criminal Code of 2012, in which the property damage exceeds
$300 and the property damaged is a school building, shall be
ordered to perform community service that may include cleanup,
removal, or painting over the defacement.
(n) The court may sentence a person convicted of a
violation of Section 12-19, 12-21, 16-1.3, or 17-56, or
subsection (a) or (b) of Section 12-4.4a, of the Criminal Code
of 1961 or the Criminal Code of 2012 (i) to an impact
incarceration program if the person is otherwise eligible for
that program under Section 5-8-1.1, (ii) to community service,
or (iii) if the person is an addict or alcoholic, as defined in
the Alcoholism and Other Drug Abuse and Dependency Act, to a
substance or alcohol abuse program licensed under that Act.
(o) Whenever a person is convicted of a sex offense as
defined in Section 2 of the Sex Offender Registration Act, the

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defendant's driver's license or permit shall be subject to
renewal on an annual basis in accordance with the provisions of
license renewal established by the Secretary of State.
(Source: P.A. 98-718, eff. 1-1-15; 98-756, eff. 7-16-14;
99-143, eff. 7-27-15; 99-885, eff. 8-23-16.)
(Text of Section after amendment by P.A. 99-938)
Sec. 5-5-3. Disposition.
(a) (Blank).
(b) (Blank).
(c) (1) (Blank).
(2) A period of probation, a term of periodic imprisonment
or conditional discharge shall not be imposed for the following
offenses. The court shall sentence the offender to not less
than the minimum term of imprisonment set forth in this Code
for the following offenses, and may order a fine or restitution
or both in conjunction with such term of imprisonment:
(A) First degree murder where the death penalty is not
imposed.
(B) Attempted first degree murder.
(C) A Class X felony.
(D) (Blank). A violation of Section 401.1 or 407 of the
Illinois Controlled Substances Act, or a violation of
subdivision (c)(1.5) of Section 401 of that Act which
relates to more than 5 grams of a substance containing
fentanyl or an analog thereof.

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(D-5) (Blank). A violation of subdivision (c)(1) of
Section 401 of the Illinois Controlled Substances Act which
relates to 3 or more grams of a substance containing heroin
or an analog thereof.
(E) (Blank).
(F) A Class 1 or greater felony if the offender had
been convicted of a Class 1 or greater felony, including
any state or federal conviction for an offense that
contained, at the time it was committed, the same elements
as an offense now (the date of the offense committed after
the prior Class 1 or greater felony) classified as a Class
1 or greater felony, within 10 years of the date on which
the offender committed the offense for which he or she is
being sentenced, except as otherwise provided in Section
40-10 of the Alcoholism and Other Drug Abuse and Dependency
Act. This subparagraph (F) does not apply to a violation of
the Cannabis Control Act, the Illinois Controlled
Substances Act, or the Methamphetamine Control and
Community Protection Act.
(F-3) A Class 2 or greater felony sex offense or felony
firearm offense if the offender had been convicted of a
Class 2 or greater felony, including any state or federal
conviction for an offense that contained, at the time it
was committed, the same elements as an offense now (the
date of the offense committed after the prior Class 2 or
greater felony) classified as a Class 2 or greater felony,

10000SB1980ham001 - 224 - LRB100 11410 RLC 27200 a
within 10 years of the date on which the offender committed
the offense for which he or she is being sentenced, except
as otherwise provided in Section 40-10 of the Alcoholism
and Other Drug Abuse and Dependency Act.
(F-5) A violation of Section 24-1, 24-1.1, or 24-1.6 of
the Criminal Code of 1961 or the Criminal Code of 2012 for
which imprisonment is prescribed in those Sections.
(G) (Blank). Residential burglary, except as otherwise
provided in Section 40-10 of the Alcoholism and Other Drug
Abuse and Dependency Act.
(H) Criminal sexual assault.
(I) Aggravated battery of a senior citizen as described
in Section 12-4.6 or subdivision (a)(4) of Section 12-3.05
of the Criminal Code of 1961 or the Criminal Code of 2012.
(J) A forcible felony if the offense was related to the
activities of an organized gang.
Before July 1, 1994, for the purposes of this
paragraph, "organized gang" means an association of 5 or
more persons, with an established hierarchy, that
encourages members of the association to perpetrate crimes
or provides support to the members of the association who
do commit crimes.
Beginning July 1, 1994, for the purposes of this
paragraph, "organized gang" has the meaning ascribed to it
in Section 10 of the Illinois Streetgang Terrorism Omnibus
Prevention Act.

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(K) Vehicular hijacking.
(L) A second or subsequent conviction for the offense
of hate crime when the underlying offense upon which the
hate crime is based is felony aggravated assault or felony
mob action.
(M) A second or subsequent conviction for the offense
of institutional vandalism if the damage to the property
exceeds $300.
(N) A Class 3 felony violation of paragraph (1) of
subsection (a) of Section 2 of the Firearm Owners
Identification Card Act.
(O) A violation of Section 12-6.1 or 12-6.5 of the
Criminal Code of 1961 or the Criminal Code of 2012.
(P) A violation of paragraph (1), (2), (3), (4), (5),
or (7) of subsection (a) of Section 11-20.1 of the Criminal
Code of 1961 or the Criminal Code of 2012.
(Q) A violation of subsection (b) or (b-5) of Section
20-1, Section 20-1.2, or Section 20-1.3 of the Criminal
Code of 1961 or the Criminal Code of 2012.
(R) A violation of Section 24-3A of the Criminal Code
of 1961 or the Criminal Code of 2012.
(S) (Blank).
(T) (Blank).
(U) A second or subsequent violation of Section 6-303
of the Illinois Vehicle Code committed while his or her
driver's license, permit, or privilege was revoked because

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of a violation of Section 9-3 of the Criminal Code of 1961
or the Criminal Code of 2012, relating to the offense of
reckless homicide, or a similar provision of a law of
another state.
(V) A violation of paragraph (4) of subsection (c) of
Section 11-20.1B or paragraph (4) of subsection (c) of
Section 11-20.3 of the Criminal Code of 1961, or paragraph
(6) of subsection (a) of Section 11-20.1 of the Criminal
Code of 2012 when the victim is under 13 years of age and
the defendant has previously been convicted under the laws
of this State or any other state of the offense of child
pornography, aggravated child pornography, aggravated
criminal sexual abuse, aggravated criminal sexual assault,
predatory criminal sexual assault of a child, or any of the
offenses formerly known as rape, deviate sexual assault,
indecent liberties with a child, or aggravated indecent
liberties with a child where the victim was under the age
of 18 years or an offense that is substantially equivalent
to those offenses.
(W) A violation of Section 24-3.5 of the Criminal Code
of 1961 or the Criminal Code of 2012.
(X) A violation of subsection (a) of Section 31-1a of
the Criminal Code of 1961 or the Criminal Code of 2012.
(Y) A conviction for unlawful possession of a firearm
by a street gang member when the firearm was loaded or
contained firearm ammunition.

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(Z) A Class 1 felony committed while he or she was
serving a term of probation or conditional discharge for a
felony.
(AA) Theft of property exceeding $500,000 and not
exceeding $1,000,000 in value.
(BB) Laundering of criminally derived property of a
value exceeding $500,000.
(CC) Knowingly selling, offering for sale, holding for
sale, or using 2,000 or more counterfeit items or
counterfeit items having a retail value in the aggregate of
$500,000 or more.
(DD) A conviction for aggravated assault under
paragraph (6) of subsection (c) of Section 12-2 of the
Criminal Code of 1961 or the Criminal Code of 2012 if the
firearm is aimed toward the person against whom the firearm
is being used.
(EE) A conviction for a violation of paragraph (2) of
subsection (a) of Section 24-3B of the Criminal Code of
2012.
(3) (Blank).
(4) A minimum term of imprisonment of not less than 10
consecutive days or 30 days of community service shall be
imposed for a violation of paragraph (c) of Section 6-303 of
the Illinois Vehicle Code.
(4.1) (Blank).
(4.2) Except as provided in paragraphs (4.3) and (4.8) of

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this subsection (c), a minimum of 100 hours of community
service shall be imposed for a second violation of Section
6-303 of the Illinois Vehicle Code.
(4.3) A minimum term of imprisonment of 30 days or 300
hours of community service, as determined by the court, shall
be imposed for a second violation of subsection (c) of Section
6-303 of the Illinois Vehicle Code.
(4.4) Except as provided in paragraphs (4.5), (4.6), and
(4.9) of this subsection (c), a minimum term of imprisonment of
30 days or 300 hours of community service, as determined by the
court, shall be imposed for a third or subsequent violation of
Section 6-303 of the Illinois Vehicle Code.
(4.5) A minimum term of imprisonment of 30 days shall be
imposed for a third violation of subsection (c) of Section
6-303 of the Illinois Vehicle Code.
(4.6) Except as provided in paragraph (4.10) of this
subsection (c), a minimum term of imprisonment of 180 days
shall be imposed for a fourth or subsequent violation of
subsection (c) of Section 6-303 of the Illinois Vehicle Code.
(4.7) A minimum term of imprisonment of not less than 30
consecutive days, or 300 hours of community service, shall be
imposed for a violation of subsection (a-5) of Section 6-303 of
the Illinois Vehicle Code, as provided in subsection (b-5) of
that Section.
(4.8) A mandatory prison sentence shall be imposed for a
second violation of subsection (a-5) of Section 6-303 of the

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Illinois Vehicle Code, as provided in subsection (c-5) of that
Section. The person's driving privileges shall be revoked for a
period of not less than 5 years from the date of his or her
release from prison.
(4.9) A mandatory prison sentence of not less than 4 and
not more than 15 years shall be imposed for a third violation
of subsection (a-5) of Section 6-303 of the Illinois Vehicle
Code, as provided in subsection (d-2.5) of that Section. The
person's driving privileges shall be revoked for the remainder
of his or her life.
(4.10) A mandatory prison sentence for a Class 1 felony
shall be imposed, and the person shall be eligible for an
extended term sentence, for a fourth or subsequent violation of
subsection (a-5) of Section 6-303 of the Illinois Vehicle Code,
as provided in subsection (d-3.5) of that Section. The person's
driving privileges shall be revoked for the remainder of his or
her life.
(5) The court may sentence a corporation or unincorporated
association convicted of any offense to:
(A) a period of conditional discharge;
(B) a fine;
(C) make restitution to the victim under Section 5-5-6
of this Code.
(5.1) In addition to any other penalties imposed, and
except as provided in paragraph (5.2) or (5.3), a person
convicted of violating subsection (c) of Section 11-907 of the

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Illinois Vehicle Code shall have his or her driver's license,
permit, or privileges suspended for at least 90 days but not
more than one year, if the violation resulted in damage to the
property of another person.
(5.2) In addition to any other penalties imposed, and
except as provided in paragraph (5.3), a person convicted of
violating subsection (c) of Section 11-907 of the Illinois
Vehicle Code shall have his or her driver's license, permit, or
privileges suspended for at least 180 days but not more than 2
years, if the violation resulted in injury to another person.
(5.3) In addition to any other penalties imposed, a person
convicted of violating subsection (c) of Section 11-907 of the
Illinois Vehicle Code shall have his or her driver's license,
permit, or privileges suspended for 2 years, if the violation
resulted in the death of another person.
(5.4) In addition to any other penalties imposed, a person
convicted of violating Section 3-707 of the Illinois Vehicle
Code shall have his or her driver's license, permit, or
privileges suspended for 3 months and until he or she has paid
a reinstatement fee of $100.
(5.5) In addition to any other penalties imposed, a person
convicted of violating Section 3-707 of the Illinois Vehicle
Code during a period in which his or her driver's license,
permit, or privileges were suspended for a previous violation
of that Section shall have his or her driver's license, permit,
or privileges suspended for an additional 6 months after the

10000SB1980ham001 - 231 - LRB100 11410 RLC 27200 a
expiration of the original 3-month suspension and until he or
she has paid a reinstatement fee of $100.
(6) (Blank).
(7) (Blank).
(8) (Blank).
(9) A defendant convicted of a second or subsequent offense
of ritualized abuse of a child may be sentenced to a term of
natural life imprisonment.
(10) (Blank).
(11) The court shall impose a minimum fine of $1,000 for a
first offense and $2,000 for a second or subsequent offense
upon a person convicted of or placed on supervision for battery
when the individual harmed was a sports official or coach at
any level of competition and the act causing harm to the sports
official or coach occurred within an athletic facility or
within the immediate vicinity of the athletic facility at which
the sports official or coach was an active participant of the
athletic contest held at the athletic facility. For the
purposes of this paragraph (11), "sports official" means a
person at an athletic contest who enforces the rules of the
contest, such as an umpire or referee; "athletic facility"
means an indoor or outdoor playing field or recreational area
where sports activities are conducted; and "coach" means a
person recognized as a coach by the sanctioning authority that
conducted the sporting event.
(12) A person may not receive a disposition of court

10000SB1980ham001 - 232 - LRB100 11410 RLC 27200 a
supervision for a violation of Section 5-16 of the Boat
Registration and Safety Act if that person has previously
received a disposition of court supervision for a violation of
that Section.
(13) A person convicted of or placed on court supervision
for an assault or aggravated assault when the victim and the
offender are family or household members as defined in Section
103 of the Illinois Domestic Violence Act of 1986 or convicted
of domestic battery or aggravated domestic battery may be
required to attend a Partner Abuse Intervention Program under
protocols set forth by the Illinois Department of Human
Services under such terms and conditions imposed by the court.
The costs of such classes shall be paid by the offender.
(d) In any case in which a sentence originally imposed is
vacated, the case shall be remanded to the trial court. The
trial court shall hold a hearing under Section 5-4-1 of the
Unified Code of Corrections which may include evidence of the
defendant's life, moral character and occupation during the
time since the original sentence was passed. The trial court
shall then impose sentence upon the defendant. The trial court
may impose any sentence which could have been imposed at the
original trial subject to Section 5-5-4 of the Unified Code of
Corrections. If a sentence is vacated on appeal or on
collateral attack due to the failure of the trier of fact at
trial to determine beyond a reasonable doubt the existence of a
fact (other than a prior conviction) necessary to increase the

10000SB1980ham001 - 233 - LRB100 11410 RLC 27200 a
punishment for the offense beyond the statutory maximum
otherwise applicable, either the defendant may be re-sentenced
to a term within the range otherwise provided or, if the State
files notice of its intention to again seek the extended
sentence, the defendant shall be afforded a new trial.
(e) In cases where prosecution for aggravated criminal
sexual abuse under Section 11-1.60 or 12-16 of the Criminal
Code of 1961 or the Criminal Code of 2012 results in conviction
of a defendant who was a family member of the victim at the
time of the commission of the offense, the court shall consider
the safety and welfare of the victim and may impose a sentence
of probation only where:
(1) the court finds (A) or (B) or both are appropriate:
(A) the defendant is willing to undergo a court
approved counseling program for a minimum duration of 2
years; or
(B) the defendant is willing to participate in a
court approved plan including but not limited to the
defendant's:
(i) removal from the household;
(ii) restricted contact with the victim;
(iii) continued financial support of the
family;
(iv) restitution for harm done to the victim;
and
(v) compliance with any other measures that

10000SB1980ham001 - 234 - LRB100 11410 RLC 27200 a
the court may deem appropriate; and
(2) the court orders the defendant to pay for the
victim's counseling services, to the extent that the court
finds, after considering the defendant's income and
assets, that the defendant is financially capable of paying
for such services, if the victim was under 18 years of age
at the time the offense was committed and requires
counseling as a result of the offense.
Probation may be revoked or modified pursuant to Section
5-6-4; except where the court determines at the hearing that
the defendant violated a condition of his or her probation
restricting contact with the victim or other family members or
commits another offense with the victim or other family
members, the court shall revoke the defendant's probation and
impose a term of imprisonment.
For the purposes of this Section, "family member" and
"victim" shall have the meanings ascribed to them in Section
11-0.1 of the Criminal Code of 2012.
(f) (Blank).
(g) Whenever a defendant is convicted of an offense under
Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-14,
11-14.3, 11-14.4 except for an offense that involves keeping a
place of juvenile prostitution, 11-15, 11-15.1, 11-16, 11-17,
11-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 12-13, 12-14,
12-14.1, 12-15 or 12-16 of the Criminal Code of 1961 or the
Criminal Code of 2012, the defendant shall undergo medical

10000SB1980ham001 - 235 - LRB100 11410 RLC 27200 a
testing to determine whether the defendant has any sexually
transmissible disease, including a test for infection with
human immunodeficiency virus (HIV) or any other identified
causative agent of acquired immunodeficiency syndrome (AIDS).
Any such medical test shall be performed only by appropriately
licensed medical practitioners and may include an analysis of
any bodily fluids as well as an examination of the defendant's
person. Except as otherwise provided by law, the results of
such test shall be kept strictly confidential by all medical
personnel involved in the testing and must be personally
delivered in a sealed envelope to the judge of the court in
which the conviction was entered for the judge's inspection in
camera. Acting in accordance with the best interests of the
victim and the public, the judge shall have the discretion to
determine to whom, if anyone, the results of the testing may be
revealed. The court shall notify the defendant of the test
results. The court shall also notify the victim if requested by
the victim, and if the victim is under the age of 15 and if
requested by the victim's parents or legal guardian, the court
shall notify the victim's parents or legal guardian of the test
results. The court shall provide information on the
availability of HIV testing and counseling at Department of
Public Health facilities to all parties to whom the results of
the testing are revealed and shall direct the State's Attorney
to provide the information to the victim when possible. A
State's Attorney may petition the court to obtain the results

10000SB1980ham001 - 236 - LRB100 11410 RLC 27200 a
of any HIV test administered under this Section, and the court
shall grant the disclosure if the State's Attorney shows it is
relevant in order to prosecute a charge of criminal
transmission of HIV under Section 12-5.01 or 12-16.2 of the
Criminal Code of 1961 or the Criminal Code of 2012 against the
defendant. The court shall order that the cost of any such test
shall be paid by the county and may be taxed as costs against
the convicted defendant.
(g-5) When an inmate is tested for an airborne communicable
disease, as determined by the Illinois Department of Public
Health including but not limited to tuberculosis, the results
of the test shall be personally delivered by the warden or his
or her designee in a sealed envelope to the judge of the court
in which the inmate must appear for the judge's inspection in
camera if requested by the judge. Acting in accordance with the
best interests of those in the courtroom, the judge shall have
the discretion to determine what if any precautions need to be
taken to prevent transmission of the disease in the courtroom.
(h) Whenever a defendant is convicted of an offense under
Section 1 or 2 of the Hypodermic Syringes and Needles Act, the
defendant shall undergo medical testing to determine whether
the defendant has been exposed to human immunodeficiency virus
(HIV) or any other identified causative agent of acquired
immunodeficiency syndrome (AIDS). Except as otherwise provided
by law, the results of such test shall be kept strictly
confidential by all medical personnel involved in the testing

10000SB1980ham001 - 237 - LRB100 11410 RLC 27200 a
and must be personally delivered in a sealed envelope to the
judge of the court in which the conviction was entered for the
judge's inspection in camera. Acting in accordance with the
best interests of the public, the judge shall have the
discretion to determine to whom, if anyone, the results of the
testing may be revealed. The court shall notify the defendant
of a positive test showing an infection with the human
immunodeficiency virus (HIV). The court shall provide
information on the availability of HIV testing and counseling
at Department of Public Health facilities to all parties to
whom the results of the testing are revealed and shall direct
the State's Attorney to provide the information to the victim
when possible. A State's Attorney may petition the court to
obtain the results of any HIV test administered under this
Section, and the court shall grant the disclosure if the
State's Attorney shows it is relevant in order to prosecute a
charge of criminal transmission of HIV under Section 12-5.01 or
12-16.2 of the Criminal Code of 1961 or the Criminal Code of
2012 against the defendant. The court shall order that the cost
of any such test shall be paid by the county and may be taxed as
costs against the convicted defendant.
(i) All fines and penalties imposed under this Section for
any violation of Chapters 3, 4, 6, and 11 of the Illinois
Vehicle Code, or a similar provision of a local ordinance, and
any violation of the Child Passenger Protection Act, or a
similar provision of a local ordinance, shall be collected and

10000SB1980ham001 - 238 - LRB100 11410 RLC 27200 a
disbursed by the circuit clerk as provided under Section 27.5
of the Clerks of Courts Act.
(j) In cases when prosecution for any violation of Section
11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-8, 11-9,
11-11, 11-14, 11-14.3, 11-14.4, 11-15, 11-15.1, 11-16, 11-17,
11-17.1, 11-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 11-20.1,
11-20.1B, 11-20.3, 11-21, 11-30, 11-40, 12-13, 12-14, 12-14.1,
12-15, or 12-16 of the Criminal Code of 1961 or the Criminal
Code of 2012, any violation of the Illinois Controlled
Substances Act, any violation of the Cannabis Control Act, or
any violation of the Methamphetamine Control and Community
Protection Act results in conviction, a disposition of court
supervision, or an order of probation granted under Section 10
of the Cannabis Control Act, Section 410 of the Illinois
Controlled Substances Act, or Section 70 of the Methamphetamine
Control and Community Protection Act of a defendant, the court
shall determine whether the defendant is employed by a facility
or center as defined under the Child Care Act of 1969, a public
or private elementary or secondary school, or otherwise works
with children under 18 years of age on a daily basis. When a
defendant is so employed, the court shall order the Clerk of
the Court to send a copy of the judgment of conviction or order
of supervision or probation to the defendant's employer by
certified mail. If the employer of the defendant is a school,
the Clerk of the Court shall direct the mailing of a copy of
the judgment of conviction or order of supervision or probation

10000SB1980ham001 - 239 - LRB100 11410 RLC 27200 a
to the appropriate regional superintendent of schools. The
regional superintendent of schools shall notify the State Board
of Education of any notification under this subsection.
(j-5) A defendant at least 17 years of age who is convicted
of a felony and who has not been previously convicted of a
misdemeanor or felony and who is sentenced to a term of
imprisonment in the Illinois Department of Corrections shall as
a condition of his or her sentence be required by the court to
attend educational courses designed to prepare the defendant
for a high school diploma and to work toward a high school
diploma or to work toward passing high school equivalency
testing or to work toward completing a vocational training
program offered by the Department of Corrections. If a
defendant fails to complete the educational training required
by his or her sentence during the term of incarceration, the
Prisoner Review Board shall, as a condition of mandatory
supervised release, require the defendant, at his or her own
expense, to pursue a course of study toward a high school
diploma or passage of high school equivalency testing. The
Prisoner Review Board shall revoke the mandatory supervised
release of a defendant who wilfully fails to comply with this
subsection (j-5) upon his or her release from confinement in a
penal institution while serving a mandatory supervised release
term; however, the inability of the defendant after making a
good faith effort to obtain financial aid or pay for the
educational training shall not be deemed a wilful failure to

10000SB1980ham001 - 240 - LRB100 11410 RLC 27200 a
comply. The Prisoner Review Board shall recommit the defendant
whose mandatory supervised release term has been revoked under
this subsection (j-5) as provided in Section 3-3-9. This
subsection (j-5) does not apply to a defendant who has a high
school diploma or has successfully passed high school
equivalency testing. This subsection (j-5) does not apply to a
defendant who is determined by the court to be a person with a
developmental disability or otherwise mentally incapable of
completing the educational or vocational program.
(k) (Blank).
(l) (A) Except as provided in paragraph (C) of subsection
(l), whenever a defendant, who is an alien as defined by the
Immigration and Nationality Act, is convicted of any felony or
misdemeanor offense, the court after sentencing the defendant
may, upon motion of the State's Attorney, hold sentence in
abeyance and remand the defendant to the custody of the
Attorney General of the United States or his or her designated
agent to be deported when:
(1) a final order of deportation has been issued
against the defendant pursuant to proceedings under the
Immigration and Nationality Act, and
(2) the deportation of the defendant would not
deprecate the seriousness of the defendant's conduct and
would not be inconsistent with the ends of justice.
Otherwise, the defendant shall be sentenced as provided in
this Chapter V.

10000SB1980ham001 - 241 - LRB100 11410 RLC 27200 a
(B) If the defendant has already been sentenced for a
felony or misdemeanor offense, or has been placed on probation
under Section 10 of the Cannabis Control Act, Section 410 of
the Illinois Controlled Substances Act, or Section 70 of the
Methamphetamine Control and Community Protection Act, the
court may, upon motion of the State's Attorney to suspend the
sentence imposed, commit the defendant to the custody of the
Attorney General of the United States or his or her designated
agent when:
(1) a final order of deportation has been issued
against the defendant pursuant to proceedings under the
Immigration and Nationality Act, and
(2) the deportation of the defendant would not
deprecate the seriousness of the defendant's conduct and
would not be inconsistent with the ends of justice.
(C) This subsection (l) does not apply to offenders who are
subject to the provisions of paragraph (2) of subsection (a) of
Section 3-6-3.
(D) Upon motion of the State's Attorney, if a defendant
sentenced under this Section returns to the jurisdiction of the
United States, the defendant shall be recommitted to the
custody of the county from which he or she was sentenced.
Thereafter, the defendant shall be brought before the
sentencing court, which may impose any sentence that was
available under Section 5-5-3 at the time of initial
sentencing. In addition, the defendant shall not be eligible

10000SB1980ham001 - 242 - LRB100 11410 RLC 27200 a
for additional earned sentence credit as provided under Section
3-6-3.
(m) A person convicted of criminal defacement of property
under Section 21-1.3 of the Criminal Code of 1961 or the
Criminal Code of 2012, in which the property damage exceeds
$300 and the property damaged is a school building, shall be
ordered to perform community service that may include cleanup,
removal, or painting over the defacement.
(n) The court may sentence a person convicted of a
violation of Section 12-19, 12-21, 16-1.3, or 17-56, or
subsection (a) or (b) of Section 12-4.4a, of the Criminal Code
of 1961 or the Criminal Code of 2012 (i) to an impact
incarceration program if the person is otherwise eligible for
that program under Section 5-8-1.1, (ii) to community service,
or (iii) if the person is an addict or alcoholic, as defined in
the Alcoholism and Other Drug Abuse and Dependency Act, to a
substance or alcohol abuse program licensed under that Act.
(o) Whenever a person is convicted of a sex offense as
defined in Section 2 of the Sex Offender Registration Act, the
defendant's driver's license or permit shall be subject to
renewal on an annual basis in accordance with the provisions of
license renewal established by the Secretary of State.
(Source: P.A. 98-718, eff. 1-1-15; 98-756, eff. 7-16-14;
99-143, eff. 7-27-15; 99-885, eff. 8-23-16; 99-938, eff.
1-1-18.)

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(730 ILCS 5/5-6-3.3)
Sec. 5-6-3.3. Offender Initiative Program.
(a) Statement of purpose. The General Assembly seeks to
continue other successful programs that promote public safety,
conserve valuable resources, and reduce recidivism by
defendants who can lead productive lives by creating the
Offender Initiative Program.
(a-1) Whenever any person who has not previously been
convicted of, or placed on probation or conditional discharge
for, any felony offense under the laws of this State, the laws
of any other state, or the laws of the United States, is
arrested for and charged with a probationable felony offense of
theft, retail theft, forgery, possession of a stolen motor
vehicle, burglary, possession of burglary tools, deceptive
practices, disorderly conduct, criminal damage or trespass to
property under Article 21 of the Criminal Code of 2012,
criminal trespass to a residence, obstructing justice, or an
offense involving fraudulent identification, or possession of
cannabis, possession of a controlled substance, or possession
of methamphetamine, the court, with the consent of the
defendant and the State's Attorney, may continue this matter to
allow a defendant to participate and complete the Offender
Initiative Program.
(a-2) Exemptions. A defendant shall not be eligible for
this Program if the offense he or she has been arrested for and
charged with is a violent offense. For purposes of this

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Program, a "violent offense" is any offense where bodily harm
was inflicted or where force was used against any person or
threatened against any person, any offense involving sexual
conduct, sexual penetration, or sexual exploitation, any
offense of domestic violence, domestic battery, violation of an
order of protection, stalking, hate crime, driving under the
influence of drugs or alcohol, and any offense involving the
possession of a firearm or dangerous weapon. A defendant shall
not be eligible for this Program if he or she has previously
been adjudicated a delinquent minor for the commission of a
violent offense as defined in this subsection.
(b) When a defendant is placed in the Program, after both
the defendant and State's Attorney waive preliminary hearing
pursuant to Section 109-3 of the Code of Criminal Procedure of
1963, the court shall enter an order specifying that the
proceedings shall be suspended while the defendant is
participating in a Program of not less 12 months.
(c) The conditions of the Program shall be that the
defendant:
(1) not violate any criminal statute of this State or
any other jurisdiction;
(2) refrain from possessing a firearm or other
dangerous weapon;
(3) make full restitution to the victim or property
owner pursuant to Section 5-5-6 of this Code;
(4) obtain employment or perform not less than 30 hours

10000SB1980ham001 - 245 - LRB100 11410 RLC 27200 a
of community service, provided community service is
available in the county and is funded and approved by the
county board; and
(5) attend educational courses designed to prepare the
defendant for obtaining a high school diploma or to work
toward passing high school equivalency testing or to work
toward completing a vocational training program.
(d) The court may, in addition to other conditions, require
that the defendant:
(1) undergo medical or psychiatric treatment, or
treatment or rehabilitation approved by the Illinois
Department of Human Services;
(2) refrain from having in his or her body the presence
of any illicit drug prohibited by the Methamphetamine
Control and Community Protection Act, the Cannabis Control
Act or the Illinois Controlled Substances Act, unless
prescribed by a physician, and submit samples of his or her
blood or urine or both for tests to determine the presence
of any illicit drug;
(3) submit to periodic drug testing at a time, manner,
and frequency as ordered by the court;
(4) pay fines, fees and costs; and
(5) in addition, if a minor:
(i) reside with his or her parents or in a foster
home;
(ii) attend school;

10000SB1980ham001 - 246 - LRB100 11410 RLC 27200 a
(iii) attend a non-residential program for youth;
or
(iv) contribute to his or her own support at home
or in a foster home.
(e) When the State's Attorney makes a factually specific
offer of proof that the defendant has failed to successfully
complete the Program or has violated any of the conditions of
the Program, the court shall enter an order that the defendant
has not successfully completed the Program and continue the
case for arraignment pursuant to Section 113-1 of the Code of
Criminal Procedure of 1963 for further proceedings as if the
defendant had not participated in the Program.
(f) Upon fulfillment of the terms and conditions of the
Program, the State's Attorney shall dismiss the case or the
court shall discharge the person and dismiss the proceedings
against the person.
(g) (Blank). There may be only one discharge and dismissal
under this Section with respect to any person.
(h) Notwithstanding subsection (a-1), if the court finds
that the defendant suffers from a substance abuse problem, then
before the person participates in the Program under this
Section, the court may refer the person to the drug court
established in that judicial circuit pursuant to Section 15 of
the Drug Court Treatment Act. The drug court team shall
evaluate the person's likelihood of successfully fulfilling
the terms and conditions of the Program under this Section and

10000SB1980ham001 - 247 - LRB100 11410 RLC 27200 a
shall report the results of its evaluation to the court. If the
drug court team finds that the person suffers from a substance
abuse problem that makes him or her substantially unlikely to
successfully fulfill the terms and conditions of the Program,
then the drug court shall set forth its findings in the form of
a written order, and the person shall be ineligible to
participate in the Program under this Section, but shall may be
considered for the drug court program.
(Source: P.A. 98-718, eff. 1-1-15; 99-480, eff. 9-9-15.)
(730 ILCS 5/5-6-3.4)
Sec. 5-6-3.4. Second Chance Probation.
(a) Whenever any person who has not previously been
convicted of, or placed on probation or conditional discharge
for, any felony offense under the laws of this State, the laws
of any other state, or the laws of the United States, including
probation under Section 410 of the Illinois Controlled
Substances Act, Section 70 of the Methamphetamine Control and
Community Protection Act, Section 10 of the Cannabis Control
Act, subsection (c) of Section 11-14 of the Criminal Code of
2012, Treatment Alternatives for Criminal Justice Clients
(TASC) under Article 40 of the Alcoholism and Other Drug Abuse
and Dependency Act, or prior successful completion of the
Offender Initiative Program under Section 5-6-3.3 of this Code,
and pleads guilty to, or is found guilty of, a probationable
felony offense of possession of less than 15 grams of a

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controlled substance that is punishable as a Class 4 felony;
possession of less than 15 grams of methamphetamine that is
punishable as a Class 4 felony; or a probationable felony
offense of possession of cannabis, theft, retail theft,
forgery, deceptive practices, possession of a stolen motor
vehicle, burglary, possession of burglary tools, disorderly
conduct, criminal damage or trespass to property under Article
21 of the Criminal Code of 2012, criminal trespass to a
residence, an offense involving fraudulent identification, or
obstructing justice; theft that is punishable as a Class 3
felony based on the value of the property or punishable as a
Class 4 felony if the theft was committed in a school or place
of worship or if the theft was of governmental property; retail
theft that is punishable as a Class 3 felony based on the value
of the property; criminal damage to property that is punishable
as a Class 4 felony; criminal damage to government supported
property that is punishable as a Class 4 felony; or possession
of cannabis which is punishable as a Class 4 felony, the court,
with the consent of the defendant and the State's Attorney,
may, without entering a judgment, sentence the defendant to
probation under this Section.
(a-1) Exemptions. A defendant is not eligible for this
probation if the offense he or she pleads guilty to, or is
found guilty of, is a violent offense, or he or she has
previously been convicted of a violent offense. For purposes of
this probation, a "violent offense" is any offense where bodily

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harm was inflicted or where force was used against any person
or threatened against any person, any offense involving sexual
conduct, sexual penetration, or sexual exploitation, any
offense of domestic violence, domestic battery, violation of an
order of protection, stalking, hate crime, driving under the
influence of drugs or alcohol, and any offense involving the
possession of a firearm or dangerous weapon. A defendant shall
not be eligible for this probation if he or she has previously
been adjudicated a delinquent minor for the commission of a
violent offense as defined in this subsection.
(b) When a defendant is placed on probation, the court
shall enter an order specifying a period of probation of not
less than 24 months and shall defer further proceedings in the
case until the conclusion of the period or until the filing of
a petition alleging violation of a term or condition of
probation.
(c) The conditions of probation shall be that the
defendant:
(1) not violate any criminal statute of this State or
any other jurisdiction;
(2) refrain from possessing a firearm or other
dangerous weapon;
(3) make full restitution to the victim or property
owner under Section 5-5-6 of this Code;
(4) obtain or attempt to obtain employment;
(5) pay fines and costs;

10000SB1980ham001 - 250 - LRB100 11410 RLC 27200 a
(6) attend educational courses designed to prepare the
defendant for obtaining a high school diploma or to work
toward passing high school equivalency testing or to work
toward completing a vocational training program;
(7) submit to periodic drug testing at a time and in a
manner as ordered by the court, but no less than 3 times
during the period of probation, with the cost of the
testing to be paid by the defendant; and
(8) perform a minimum of 30 hours of community service.
(d) The court may, in addition to other conditions, require
that the defendant:
(1) make a report to and appear in person before or
participate with the court or such courts, person, or
social service agency as directed by the court in the order
of probation;
(2) undergo medical or psychiatric treatment, or
treatment or rehabilitation approved by the Illinois
Department of Human Services;
(3) attend or reside in a facility established for the
instruction or residence of defendants on probation;
(4) support his or her dependents; or
(5) refrain from having in his or her body the presence
of any illicit drug prohibited by the Methamphetamine
Control and Community Protection Act, the Cannabis Control
Act, or the Illinois Controlled Substances Act, unless
prescribed by a physician, and submit samples of his or her

10000SB1980ham001 - 251 - LRB100 11410 RLC 27200 a
blood or urine or both for tests to determine the presence
of any illicit drug.
(e) Upon violation of a term or condition of probation, the
court may enter a judgment on its original finding of guilt and
proceed as otherwise provided by law.
(f) Upon fulfillment of the terms and conditions of
probation, the court shall discharge the person and dismiss the
proceedings against the person.
(g) A disposition of probation is considered to be a
conviction for the purposes of imposing the conditions of
probation and for appeal; however, a discharge and dismissal
under this Section is not a conviction for purposes of this
Code or for purposes of disqualifications or disabilities
imposed by law upon conviction of a crime.
(h) (Blank). There may be only one discharge and dismissal
under this Section, Section 410 of the Illinois Controlled
Substances Act, Section 70 of the Methamphetamine Control and
Community Protection Act, Section 10 of the Cannabis Control
Act, Treatment Alternatives for Criminal Justice Clients
(TASC) under Article 40 of the Alcoholism and Other Drug Abuse
and Dependency Act, the Offender Initiative Program under
Section 5-6-3.3 of this Code, and subsection (c) of Section
11-14 of the Criminal Code of 2012 with respect to any person.
(i) If a person is convicted of any offense which occurred
within 5 years subsequent to a discharge and dismissal under
this Section, the discharge and dismissal under this Section

10000SB1980ham001 - 252 - LRB100 11410 RLC 27200 a
shall be admissible in the sentencing proceeding for that
conviction as evidence in aggravation.
(j) Notwithstanding subsection (a), if the court finds that
the defendant suffers from a substance abuse problem, then
before the person is placed on probation under this Section,
the court may refer the person to the drug court established in
that judicial circuit pursuant to Section 15 of the Drug Court
Treatment Act. The drug court team shall evaluate the person's
likelihood of successfully fulfilling the terms and conditions
of probation under this Section and shall report the results of
its evaluation to the court. If the drug court team finds that
the person suffers from a substance abuse problem that makes
him or her substantially unlikely to successfully fulfill the
terms and conditions of probation under this Section, then the
drug court shall set forth its findings in the form of a
written order, and the person shall be ineligible to be placed
on probation under this Section, but shall may be considered
for the drug court program.
(Source: P.A. 98-164, eff. 1-1-14; 98-718, eff. 1-1-15; 99-480,
eff. 9-9-15.)
(730 ILCS 5/5-6-3.6 new)
Sec. 5-6-3.6. First Time Weapon Offender Diversion
Program.
(a) The General Assembly has sought to promote public
safety, reduce recidivism, and conserve valuable resources of

10000SB1980ham001 - 253 - LRB100 11410 RLC 27200 a
the criminal justice system through the creation of diversion
programs for non-violent offenders. This amendatory Act of the
100th General Assembly establishes a pilot program for
first-time, non-violent offenders charged with certain weapons
offenses. The General Assembly recognizes some persons,
particularly young adults in areas of high crime or poverty,
may have experienced trauma that contributes to poor decision
making skills, and the creation of a diversionary program poses
a greater benefit to the community and the person than
incarceration. Under this program, if a person under 26 years
of age at the time of the commission of the offense pleads
guilty to or is found guilty of an unlawful use of weapons
offense under Section 24-1 of the Criminal Code of 2012 or
aggravated unlawful use of a weapon offense under Section
24-1.6 of the Criminal Code of 2012, if punishable as a Class 4
felony or lower, the court, without entering a judgment and
with the consent of the defendant and approval of the State's
Attorney, may sentence him or her to a First Time Weapon
Offender Diversion Program.
(b) A defendant is not eligible for this Program if:
(1) he or she has previously been convicted or placed
on probation or conditional discharge for a felony under
the laws of this State, the laws of any other state, or the
laws of the United States;
(2) the offense involved the infliction of bodily harm
against another person; or

10000SB1980ham001 - 254 - LRB100 11410 RLC 27200 a
(3) he or she had a prior successful completion of the
First Time Weapon Offender Diversion Program under this
Section;
(4) he or she has previously been adjudicated a
delinquent minor for the commission of a felony;
(5) he or she has an existing order of protection
issued against him or her; or
(6) he or she is over 26 years of age at the time of the
commission of the offense.
(b-5) In considering whether a defendant shall be sentenced
to the First Time Weapon Offender Program, the court shall
consider the following:
(1) the age, immaturity, or limited mental capacity of
the defendant;
(2) the nature and circumstances of the offense;
(3) whether participation in the Program is in the
interest of the defendant's rehabilitation, including any
employment or involvement in community, educational,
training, or vocational programs; and
(4) whether the defendant suffers from trauma, as
supported by documentation or evaluation by a licensed
professional.
(c) For an offense committed on or after the effective date
of this amendatory Act of the 100th General Assembly and before
January 1, 2023, whenever an eligible person pleads guilty to
an unlawful use of weapons offense under Section 24-1 of the

10000SB1980ham001 - 255 - LRB100 11410 RLC 27200 a
Criminal Code of 2012 or aggravated unlawful use of a weapon
offense under Section 24-1.6 of the Criminal Code of 2012,
which is punishable as a Class 4 felony or lower, the court,
with the consent of the defendant and the State's Attorney,
may, without entering a judgment, sentence the defendant to
complete the First Time Weapon Offender Diversion Program. When
a defendant is placed in the Program, the court shall defer
further proceedings in the case until the conclusion of the
period or until the filing of a petition alleging violation of
a term or condition of the Program. Upon violation of a term or
condition of the Program the court may enter a judgment on its
original finding of guilt and proceed as otherwise provided by
law. Upon fulfillment of the terms and conditions the Program,
the court shall discharge the person and dismiss the
proceedings against the person.
(d) The Program shall be 12 months, as determined by court
at the recommendation of program administrator and the State's
Attorney.
(e) The conditions of the Program shall be that the
defendant:
(1) not violate any criminal statute of this State or
any other jurisdiction;
(2) refrain from possessing a firearm or other
dangerous weapon;
(3) obtain or attempt to obtain employment;
(4) attend educational courses designed to prepare the

10000SB1980ham001 - 256 - LRB100 11410 RLC 27200 a
defendant for obtaining a high school diploma or to work
toward passing high school equivalency testing or to work
toward completing a vocational training program;
(5) refrain from having in his or her body the presence
of any illicit drug prohibited by the Methamphetamine
Control and Community Protection Act, the Cannabis Control
Act, or the Illinois Controlled Substances Act, unless
prescribed by a physician, and submit samples of his or her
blood or urine or both for tests to determine the presence
of any illicit drug;
(6) perform a minimum of 50 hours of community service;
(7) attend and participate in any Program activities
deemed required by the Program administrator, including
but not limited: counseling sessions, in-person and over
the phone check-ins, and educational classes; and
(8) pay all fines, assessments, fees, and costs.
(f) The Program may, in addition to other conditions,
require that the defendant:
(1) wear an ankle bracelet with GPS tracking;
(2) undergo medical or psychiatric treatment, or
treatment or rehabilitation approved by the Department of
Human Services; and
(3) attend or reside in a facility established for the
instruction or residence of defendants on probation.
(g) Each clerk of the circuit court shall report annually
to the Illinois Sentencing Policy Advisory Council:

10000SB1980ham001 - 257 - LRB100 11410 RLC 27200 a
(1) the number of persons who were accepted into the
First Time Weapon Offender Diversion Program;
(2) the number of persons who successfully completed
the Program; and
(3) the number of persons who violated the conditions
of the Program.
(h) This Section is repealed on January 1, 2023.
(730 ILCS 5/5-8-1) (from Ch. 38, par. 1005-8-1)
Sec. 5-8-1. Natural life imprisonment; enhancements for
use of a firearm; mandatory supervised release terms.
(a) Except as otherwise provided in the statute defining
the offense or in Article 4.5 of Chapter V, a sentence of
imprisonment for a felony shall be a determinate sentence set
by the court under this Section, according to the following
limitations:
(1) for first degree murder,
(a) (blank),
(b) if a trier of fact finds beyond a reasonable
doubt that the murder was accompanied by exceptionally
brutal or heinous behavior indicative of wanton
cruelty or, except as set forth in subsection (a)(1)(c)
of this Section, that any of the aggravating factors
listed in subsection (b) or (b-5) of Section 9-1 of the
Criminal Code of 1961 or the Criminal Code of 2012 are
present, the court may sentence the defendant, subject

10000SB1980ham001 - 258 - LRB100 11410 RLC 27200 a
to Section 5-4.5-105, to a term of natural life
imprisonment, or
(c) the court shall sentence the defendant to a
term of natural life imprisonment if the defendant, at
the time of the commission of the murder, had attained
the age of 18, and
(i) has previously been convicted of first
degree murder under any state or federal law, or
(ii) is found guilty of murdering more than one
victim, or
(iii) is found guilty of murdering a peace
officer, fireman, or emergency management worker
when the peace officer, fireman, or emergency
management worker was killed in the course of
performing his official duties, or to prevent the
peace officer or fireman from performing his
official duties, or in retaliation for the peace
officer, fireman, or emergency management worker
from performing his official duties, and the
defendant knew or should have known that the
murdered individual was a peace officer, fireman,
or emergency management worker, or
(iv) is found guilty of murdering an employee
of an institution or facility of the Department of
Corrections, or any similar local correctional
agency, when the employee was killed in the course

10000SB1980ham001 - 259 - LRB100 11410 RLC 27200 a
of performing his official duties, or to prevent
the employee from performing his official duties,
or in retaliation for the employee performing his
official duties, or
(v) is found guilty of murdering an emergency
medical technician - ambulance, emergency medical
technician - intermediate, emergency medical
technician - paramedic, ambulance driver or other
medical assistance or first aid person while
employed by a municipality or other governmental
unit when the person was killed in the course of
performing official duties or to prevent the
person from performing official duties or in
retaliation for performing official duties and the
defendant knew or should have known that the
murdered individual was an emergency medical
technician - ambulance, emergency medical
technician - intermediate, emergency medical
technician - paramedic, ambulance driver, or other
medical assistant or first aid personnel, or
(vi) (blank), or
(vii) is found guilty of first degree murder
and the murder was committed by reason of any
person's activity as a community policing
volunteer or to prevent any person from engaging in
activity as a community policing volunteer. For

10000SB1980ham001 - 260 - LRB100 11410 RLC 27200 a
the purpose of this Section, "community policing
volunteer" has the meaning ascribed to it in
Section 2-3.5 of the Criminal Code of 2012.
For purposes of clause (v), "emergency medical
technician - ambulance", "emergency medical technician -
intermediate", "emergency medical technician -
paramedic", have the meanings ascribed to them in the
Emergency Medical Services (EMS) Systems Act.
(d) (i) if the person committed the offense while
armed with a firearm, 15 years shall be added to
the term of imprisonment imposed by the court;
(ii) if, during the commission of the offense,
the person personally discharged a firearm, 20
years shall be added to the term of imprisonment
imposed by the court;
(iii) if, during the commission of the
offense, the person personally discharged a
firearm that proximately caused great bodily harm,
permanent disability, permanent disfigurement, or
death to another person, 25 years or up to a term
of natural life shall be added to the term of
imprisonment imposed by the court.
(2) (blank);
(2.5) for a person who has attained the age of 18 years
at the time of the commission of the offense and who is
convicted under the circumstances described in subdivision

10000SB1980ham001 - 261 - LRB100 11410 RLC 27200 a
(b)(1)(B) of Section 11-1.20 or paragraph (3) of subsection
(b) of Section 12-13, subdivision (d)(2) of Section 11-1.30
or paragraph (2) of subsection (d) of Section 12-14,
subdivision (b)(1.2) of Section 11-1.40 or paragraph (1.2)
of subsection (b) of Section 12-14.1, subdivision (b)(2) of
Section 11-1.40 or paragraph (2) of subsection (b) of
Section 12-14.1 of the Criminal Code of 1961 or the
Criminal Code of 2012, the sentence shall be a term of
natural life imprisonment.
(b) (Blank).
(c) (Blank).
(d) Subject to earlier termination under Section 3-3-8, the
parole or mandatory supervised release term shall be written as
part of the sentencing order and shall be as follows:
(1) for first degree murder or a Class X felony except
for the offenses of predatory criminal sexual assault of a
child, aggravated criminal sexual assault, and criminal
sexual assault if committed on or after the effective date
of this amendatory Act of the 94th General Assembly and
except for the offense of aggravated child pornography
under Section 11-20.1B, 11-20.3, or 11-20.1 with
sentencing under subsection (c-5) of Section 11-20.1 of the
Criminal Code of 1961 or the Criminal Code of 2012, if
committed on or after January 1, 2009, 3 years;
(1.5) for a Class X felony except for the offenses of
predatory criminal sexual assault of a child, aggravated

10000SB1980ham001 - 262 - LRB100 11410 RLC 27200 a
criminal sexual assault, and criminal sexual assault if
committed on or after December 13, 2005 (the effective date
of Public Act 94-715) and except for the offense of
aggravated child pornography under Section 11-20.1B.
11-20.3, or 11-20.1 with sentencing under subsection (c-5)
of Section 11-20.1 of the Criminal Code of 1961 or the
Criminal Code of 2012, if committed on or after January 1,
2009, 18 months;
(2) for a Class 1 felony or a Class 2 felony except for
the offense of criminal sexual assault if committed on or
after December 13, 2005 (the effective date of Public Act
94-715) this amendatory Act of the 94th General Assembly
and except for the offenses of manufacture and
dissemination of child pornography under clauses (a)(1)
and (a)(2) of Section 11-20.1 of the Criminal Code of 1961
or the Criminal Code of 2012, if committed on or after
January 1, 2009, 18 months 2 years;
(3) for a Class 3 felony or a Class 4 felony, 1 year;
(4) for defendants who commit the offense of predatory
criminal sexual assault of a child, aggravated criminal
sexual assault, or criminal sexual assault, on or after the
effective date of this amendatory Act of the 94th General
Assembly, or who commit the offense of aggravated child
pornography under Section 11-20.1B, 11-20.3, or 11-20.1
with sentencing under subsection (c-5) of Section 11-20.1
of the Criminal Code of 1961 or the Criminal Code of 2012,

10000SB1980ham001 - 263 - LRB100 11410 RLC 27200 a
manufacture of child pornography, or dissemination of
child pornography after January 1, 2009, the term of
mandatory supervised release shall range from a minimum of
3 years to a maximum of the natural life of the defendant;
(5) if the victim is under 18 years of age, for a
second or subsequent offense of aggravated criminal sexual
abuse or felony criminal sexual abuse, 4 years, at least
the first 2 years of which the defendant shall serve in an
electronic home detention program under Article 8A of
Chapter V of this Code;
(6) for a felony domestic battery, aggravated domestic
battery, stalking, aggravated stalking, and a felony
violation of an order of protection, 4 years.
(e) (Blank).
(f) (Blank).
(Source: P.A. 99-69, eff. 1-1-16; 99-875, eff. 1-1-17.)
(730 ILCS 5/5-8-2) (from Ch. 38, par. 1005-8-2)
Sec. 5-8-2. Extended Term.
(a) A judge shall not sentence an offender to a term of
imprisonment in excess of the maximum sentence authorized by
Article 4.5 of Chapter V for an offense or offenses within the
class of the most serious offense of which the offender was
convicted unless the factors in aggravation set forth in
Section 5-5-3.2 or clause (a)(1)(b) of Section 5-8-1 were found
to be present. If the pre-trial and trial proceedings were

10000SB1980ham001 - 264 - LRB100 11410 RLC 27200 a
conducted in compliance with subsection (c-5) of Section 111-3
of the Code of Criminal Procedure of 1963, the judge may
sentence an offender to an extended term as provided in Article
4.5 of Chapter V (730 ILCS 5/Ch. V, Art. 4.5).
(b) If the conviction was by plea, it shall appear on the
record that the plea was entered with the defendant's knowledge
that a sentence under this Section was a possibility. If it
does not so appear on the record, the defendant shall not be
subject to such a sentence unless he is first given an
opportunity to withdraw his plea without prejudice.
(c) An extended term as provided in Article 4.5 of Chapter
V of this Code shall not be imposed for a violation of the
Cannabis Control Act, the Illinois Controlled Substances Act,
or the Methamphetamine Control and Community Protection Act.
(Source: P.A. 95-1052, eff. 7-1-09; 96-1200, eff. 7-22-10.)
(730 ILCS 5/5-8-6) (from Ch. 38, par. 1005-8-6)
Sec. 5-8-6. Place of confinement.
(a) Except as otherwise provided in this subsection (a),
offenders Offenders sentenced to a term of imprisonment for a
felony shall be committed to the penitentiary system of the
Department of Corrections. However, such sentence shall not
limit the powers of the Department of Children and Family
Services in relation to any child under the age of one year in
the sole custody of a person so sentenced, nor in relation to
any child delivered by a female so sentenced while she is so

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confined as a consequence of such sentence. Except as otherwise
provided in this subsection (a), a A person sentenced for a
felony may be assigned by the Department of Corrections to any
of its institutions, facilities or programs. An offender
sentenced to a term of imprisonment for a Class 3 or 4 felony,
other than a violent crime as defined in Section 3 of the
Rights of Crime Victims and Witnesses Act, in which the
sentencing order indicates that the offender has less than 4
months remaining on his or her sentence accounting for time
served may not be confined in the penitentiary system of the
Department of Corrections but may be assigned to electronic
home detention under Article 8A of this Chapter V, an adult
transition center, or another facility or program within the
Department of Corrections.
(b) Offenders sentenced to a term of imprisonment for less
than one year shall be committed to the custody of the sheriff.
A person committed to the Department of Corrections, prior to
July 14, 1983, for less than one year may be assigned by the
Department to any of its institutions, facilities or programs.
(c) All offenders under 18 years of age when sentenced to
imprisonment shall be committed to the Department of Juvenile
Justice and the court in its order of commitment shall set a
definite term. The provisions of Section 3-3-3 shall be a part
of such commitment as fully as though written in the order of
commitment. The place of confinement for sentences imposed
before the effective date of this amendatory Act of the 99th

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General Assembly are not affected or abated by this amendatory
Act of the 99th General Assembly.
(d) No defendant shall be committed to the Department of
Corrections for the recovery of a fine or costs.
(e) When a court sentences a defendant to a term of
imprisonment concurrent with a previous and unexpired sentence
of imprisonment imposed by any district court of the United
States, it may commit the offender to the custody of the
Attorney General of the United States. The Attorney General of
the United States, or the authorized representative of the
Attorney General of the United States, shall be furnished with
the warrant of commitment from the court imposing sentence,
which warrant of commitment shall provide that, when the
offender is released from federal confinement, whether by
parole or by termination of sentence, the offender shall be
transferred by the Sheriff of the committing county to the
Department of Corrections. The court shall cause the Department
to be notified of such sentence at the time of commitment and
to be provided with copies of all records regarding the
sentence.
(Source: P.A. 99-628, eff. 1-1-17.)
(730 ILCS 5/5-8-8)
(Section scheduled to be repealed on December 31, 2020)
Sec. 5-8-8. Illinois Sentencing Policy Advisory Council.
(a) Creation. There is created under the jurisdiction of

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the Governor the Illinois Sentencing Policy Advisory Council,
hereinafter referred to as the Council.
(b) Purposes and goals. The purpose of the Council is to
review sentencing policies and practices and examine how these
policies and practices impact the criminal justice system as a
whole in the State of Illinois. In carrying out its duties, the
Council shall be mindful of and aim to achieve the purposes of
sentencing in Illinois, which are set out in Section 1-1-2 of
this Code:
(1) prescribe sanctions proportionate to the
seriousness of the offenses and permit the recognition of
differences in rehabilitation possibilities among
individual offenders;
(2) forbid and prevent the commission of offenses;
(3) prevent arbitrary or oppressive treatment of
persons adjudicated offenders or delinquents; and
(4) restore offenders to useful citizenship.
(c) Council composition.
(1) The Council shall consist of the following members:
(A) the President of the Senate, or his or her
designee;
(B) the Minority Leader of the Senate, or his or
her designee;
(C) the Speaker of the House, or his or her
designee;
(D) the Minority Leader of the House, or his or her

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designee;
(E) the Governor, or his or her designee;
(F) the Attorney General, or his or her designee;
(G) two retired judges, who may have been circuit,
appellate, or supreme court judges; retired judges
shall be selected by the members of the Council
designated in clauses (c)(1)(A) through (L);
(G-5) (blank);
(H) the Cook County State's Attorney, or his or her
designee;
(I) the Cook County Public Defender, or his or her
designee;
(J) a State's Attorney not from Cook County,
appointed by the State's Attorney's Appellate
Prosecutor;
(K) the State Appellate Defender, or his or her
designee;
(L) the Director of the Administrative Office of
the Illinois Courts, or his or her designee;
(M) a victim of a violent felony or a
representative of a crime victims' organization,
selected by the members of the Council designated in
clauses (c)(1)(A) through (L);
(N) a representative of a community-based
organization, selected by the members of the Council
designated in clauses (c)(1)(A) through (L);

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(O) a criminal justice academic researcher, to be
selected by the members of the Council designated in
clauses (c)(1)(A) through (L);
(P) a representative of law enforcement from a unit
of local government to be selected by the members of
the Council designated in clauses (c)(1)(A) through
(L);
(Q) a sheriff selected by the members of the
Council designated in clauses (c)(1)(A) through (L);
and
(R) ex-officio members shall include:
(i) the Director of Corrections, or his or her
designee;
(ii) the Chair of the Prisoner Review Board, or
his or her designee;
(iii) the Director of the Illinois State
Police, or his or her designee; and
(iv) the Director of the Illinois Criminal
Justice Information Authority, or his or her
designee.
(1.5) The Chair and Vice Chair shall be elected from
among its members by a majority of the members of the
Council.
(2) Members of the Council who serve because of their
public office or position, or those who are designated as
members by such officials, shall serve only as long as they

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hold such office or position.
(3) Council members shall serve without compensation
but shall be reimbursed for travel and per diem expenses
incurred in their work for the Council.
(4) The Council may exercise any power, perform any
function, take any action, or do anything in furtherance of
its purposes and goals upon the appointment of a quorum of
its members. The term of office of each member of the
Council ends on the date of repeal of this amendatory Act
of the 96th General Assembly.
(d) Duties. The Council shall perform, as resources permit,
duties including:
(1) Collect and analyze information including
sentencing data, crime trends, and existing correctional
resources to support legislative and executive action
affecting the use of correctional resources on the State
and local levels.
(2) Prepare criminal justice population projections
annually, including correctional and community-based
supervision populations.
(3) Analyze data relevant to proposed sentencing
legislation and its effect on current policies or
practices, and provide information to support
evidence-based sentencing.
(4) Ensure that adequate resources and facilities are
available for carrying out sentences imposed on offenders

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and that rational priorities are established for the use of
those resources. To do so, the Council shall prepare
criminal justice resource statements, identifying the
fiscal and practical effects of proposed criminal
sentencing legislation, including, but not limited to, the
correctional population, court processes, and county or
local government resources.
(4.5) Study and conduct a thorough analysis of
sentencing under Section 5-4.5-110 of this Code. The
Sentencing Policy Advisory Council shall provide annual
reports to the Governor and General Assembly, including the
total number of persons sentenced under Section 5-4.5-110
of this Code, the total number of departures from sentences
under Section 5-4.5-110 of this Code, and an analysis of
trends in sentencing and departures. On or before December
31, 2022, the Sentencing Policy Advisory Council shall
provide a report to the Governor and General Assembly on
the effectiveness of sentencing under Section 5-4.5-110 of
this Code, including recommendations on whether sentencing
under Section 5-4.5-110 of this Code should be adjusted or
continued.
(4.6) Study and conduct a thorough analysis of the
First Time Weapon Offender Diversion Program created under
Section 5-6-3.6 of this Code and provide annual reports to
the Governor and General Assembly on the effectiveness of
the Program, including recommendations on whether

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sentencing under Section 5-6-3.6 of this Code should be
adjusted or continued.
(5) Perform such other studies or tasks pertaining to
sentencing policies as may be requested by the Governor or
the Illinois General Assembly.
(6) Perform such other functions as may be required by
law or as are necessary to carry out the purposes and goals
of the Council prescribed in subsection (b).
(7) Publish a report on the trends in sentencing for
offenders described in subsection (b-1) of Section 5-4-1 of
this Code, the impact of the trends on the prison and
probation populations, and any changes in the racial
composition of the prison and probation populations that
can be attributed to the changes made by adding subsection
(b-1) of Section 5-4-1 to this Code by Public Act 99-861
this amendatory Act of the 99th General Assembly.
(e) Authority.
(1) The Council shall have the power to perform the
functions necessary to carry out its duties, purposes and
goals under this Act. In so doing, the Council shall
utilize information and analysis developed by the Illinois
Criminal Justice Information Authority, the Administrative
Office of the Illinois Courts, and the Illinois Department
of Corrections.
(2) Upon request from the Council, each executive
agency and department of State and local government shall

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provide information and records to the Council in the
execution of its duties.
(f) Report. The Council shall report in writing annually to
the General Assembly, the Illinois Supreme Court, and the
Governor.
(g) This Section is repealed on December 31, 2020.
(Source: P.A. 98-65, eff. 7-15-13; 99-101, eff. 7-22-15;
99-533, eff. 7-8-16; 99-861, eff. 1-1-17; revised 9-6-16.)
Section 95. No acceleration or delay. Where this Act makes
changes in a statute that is represented in this Act by text
that is not yet or no longer in effect (for example, a Section
represented by multiple versions), the use of that text does
not accelerate or delay the taking effect of (i) the changes
made by this Act or (ii) provisions derived from any other
Public Act.".