Bill Text: IL HB0075 | 2025-2026 | 104th General Assembly | Introduced

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Bill Title: Amends the Criminal Code of 2012. Provides for enhanced penalties for hate crime. Provides that hate crime is: (1) a Class 1 felony if committed by a person 18 years of age or older while armed with a firearm or if the victim of the hate crime is under 18 years of age; (2) a Class X felony if a crime of violence as defined in the Crime Victims Compensation Act is committed against a person by reason of the actual or perceived race, color, creed, religion, ancestry, gender, sexual orientation, physical or mental disability, citizenship, immigration status, or national origin of another individual or group of individuals; or (3) a Class X felony for which the person shall be sentenced to a term of imprisonment of not less than 15 years and not more than 60 years if a crime of violence that is a Class X felony is committed against a victim described in (2). Amends the Unified Code of Corrections. Provides that a person who commits any of these offenses is ineligible for a period of probation, a term of periodic imprisonment or conditional discharge. Provides that a prisoner serving sentence for the offenses described in (2) or (3) shall receive no more than 4.5 days of sentence credit for each month of his or her sentence of imprisonment. Provides if the underlying offense was first degree murder committed against a person by reason of the actual or perceived race, color, creed, religion, ancestry, gender, sexual orientation, physical or mental disability, citizenship, immigration status, or national origin of the victim or victims, the court may impose a term of natural life imprisonment upon the offender.

Sponsorship: Partisan Bill (Republican 2)

Status: (Introduced - Dead) 2025-01-15 - Added Co-Sponsor Rep. Tony M. McCombie [HB0075 Detail]

Download: Illinois-2025-HB0075-Introduced.html

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104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB0075 Introduced , by Rep. Jackie Haas SYNOPSIS AS INTRODUCED:
720 ILCS 5/12-7.1 from Ch. 38, par. 12-7.1
730 ILCS 5/3-6-3
730 ILCS 5/5-5-3
730 ILCS 5/5-8-1 from Ch. 38, par. 1005-8-1
Amends the Criminal Code of 2012. Provides for enhanced penalties for hate crime. Provides that hate crime is: (1) a Class 1 felony if committed by a person 18 years of age or older while armed with a firearm or if the victim of the hate crime is under 18 years of age; (2) a Class X felony if a crime of violence as defined in the Crime Victims Compensation Act is committed against a person by reason of the actual or perceived race, color, creed, religion, ancestry, gender, sexual orientation, physical or mental disability, citizenship, immigration status, or national origin of another individual or group of individuals; or (3) a Class X felony for which the person shall be sentenced to a term of imprisonment of not less than 15 years and not more than 60 years if a crime of violence that is a Class X felony is committed against a victim described in (2). Amends the Unified Code of Corrections. Provides that a person who commits any of these offenses is ineligible for a period of probation, a term of periodic imprisonment or conditional discharge. Provides that a prisoner serving sentence for the offenses described in (2) or (3) shall receive no more than 4.5 days of sentence credit for each month of his or her sentence of imprisonment. Provides if the underlying offense was first degree murder committed against a person by reason of the actual or perceived race, color, creed, religion, ancestry, gender, sexual orientation, physical or mental disability, citizenship, immigration status, or national origin of the victim or victims, the court may impose a term of natural life imprisonment upon the offender.
LRB104 03325 RLC 13347 b
A BILL FOR
HB0075 LRB104 03325 RLC 13347 b
AN ACT concerning criminal law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Criminal Code of 2012 is amended by
changing Section 12-7.1 as follows:
(720 ILCS 5/12-7.1) (from Ch. 38, par. 12-7.1)
Sec. 12-7.1. Hate crime.
(a) A person commits hate crime when, by reason of the
actual or perceived race, color, creed, religion, ancestry,
gender, sexual orientation, physical or mental disability,
citizenship, immigration status, or national origin of another
individual or group of individuals, regardless of the
existence of any other motivating factor or factors, he or she
commits assault, battery, aggravated assault, intimidation,
stalking, cyberstalking, misdemeanor theft, criminal trespass
to residence, misdemeanor criminal damage to property,
criminal trespass to vehicle, criminal trespass to real
property, mob action, disorderly conduct, transmission of
obscene messages, harassment by telephone, or harassment
through electronic communications as these crimes are defined
in Sections 12-1, 12-2, 12-3(a), 12-7.3, 12-7.5, 16-1, 19-4,
21-1, 21-2, 21-3, 25-1, 26-1, 26.5-1, 26.5-2, paragraphs
(a)(1), (a)(2), and (a)(3) of Section 12-6, and paragraphs

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(a)(2) and (a)(5) of Section 26.5-3 of this Code,
respectively.
(b) Except as provided in subsection (b-5), (b-6), or
(b-7), hate crime is a Class 4 felony for a first offense and a
Class 2 felony for a second or subsequent offense.
(b-5) Hate crime is a Class 3 felony for a first offense
and a Class 2 felony for a second or subsequent offense if
committed:
(1) in, or upon the exterior or grounds of, a church,
synagogue, mosque, or other building, structure, or place
identified or associated with a particular religion or
used for religious worship or other religious purpose;
(2) in a cemetery, mortuary, or other facility used
for the purpose of burial or memorializing the dead;
(3) in a school or other educational facility,
including an administrative facility or public or private
dormitory facility of or associated with the school or
other educational facility;
(4) in a public park or an ethnic or religious
community center;
(5) on the real property comprising any location
specified in clauses (1) through (4) of this subsection
(b-5); or
(6) on a public way within 1,000 feet of the real
property comprising any location specified in clauses (1)
through (4) of this subsection (b-5).

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(b-6) Hate crime is:
(1) a Class 1 felony if committed by a person 18 years
of age or older while armed with a firearm or if the victim
of the hate crime is under 18 years of age;
(2) a Class X felony if a crime of violence as defined
in Section 2 of the Crime Victims Compensation Act is
committed against a person by reason of the actual or
perceived race, color, creed, religion, ancestry, gender,
sexual orientation, physical or mental disability,
citizenship, immigration status, or national origin of
another individual or group of individuals; or
(3) a Class X felony for which the person shall be
sentenced to a term of imprisonment of not less than 15
years and not more than 60 years if a crime of violence
that is a Class X felony is committed against a victim
described in paragraph (2).
(b-7) The court may sentence a defendant who committed a
hate crime to a term of natural life imprisonment if the
underlying crime is first degree murder if the murder was
committed by reason of the actual or perceived race, color,
creed, religion, ancestry, gender, sexual orientation,
physical or mental disability, citizenship, immigration
status, or national origin of the victim or victims.
(b-10) Upon imposition of any sentence, the trial court
shall also either order restitution paid to the victim or
impose a fine in an amount to be determined by the court based

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on the severity of the crime and the injury or damages suffered
by the victim. In addition, any order of probation or
conditional discharge entered following a conviction or an
adjudication of delinquency shall include a condition that the
offender perform public or community service of no less than
200 hours if that service is established in the county where
the offender was convicted of hate crime. In addition, any
order of probation or conditional discharge entered following
a conviction or an adjudication of delinquency shall include a
condition that the offender enroll in an educational program
discouraging hate crimes involving the protected class
identified in subsection (a) that gave rise to the offense the
offender committed. The educational program must be attended
by the offender in-person and may be administered, as
determined by the court, by a university, college, community
college, non-profit organization, the Illinois Holocaust and
Genocide Commission, or any other organization that provides
educational programs discouraging hate crimes, except that
programs administered online or that can otherwise be attended
remotely are prohibited. The court may also impose any other
condition of probation or conditional discharge under this
Section. If the court sentences the offender to imprisonment
or periodic imprisonment for a violation of this Section, as a
condition of the offender's mandatory supervised release, the
court shall require that the offender perform public or
community service of no less than 200 hours and enroll in an

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educational program discouraging hate crimes involving the
protected class identified in subsection (a) that gave rise to
the offense the offender committed.
(c) Independent of any criminal prosecution or the result
of a criminal prosecution, any person suffering injury to his
or her person, damage to his or her property, intimidation as
defined in paragraphs (a)(1), (a)(2), and (a)(3) of Section
12-6 of this Code, stalking as defined in Section 12-7.3 of
this Code, cyberstalking as defined in Section 12-7.5 of this
Code, disorderly conduct as defined in paragraph (a)(1),
(a)(4), (a)(5), or (a)(6) of Section 26-1 of this Code,
transmission of obscene messages as defined in Section 26.5-1
of this Code, harassment by telephone as defined in Section
26.5-2 of this Code, or harassment through electronic
communications as defined in paragraphs (a)(2) and (a)(5) of
Section 26.5-3 of this Code as a result of a hate crime may
bring a civil action for damages, injunction or other
appropriate relief. The court may award actual damages,
including damages for emotional distress, as well as punitive
damages. The court may impose a civil penalty up to $25,000 for
each violation of this subsection (c). A judgment in favor of a
person who brings a civil action under this subsection (c)
shall include attorney's fees and costs. After consulting with
the local State's Attorney, the Attorney General may bring a
civil action in the name of the People of the State for an
injunction or other equitable relief under this subsection

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(c). In addition, the Attorney General may request and the
court may impose a civil penalty up to $25,000 for each
violation under this subsection (c). The parents or legal
guardians, other than guardians appointed pursuant to the
Juvenile Court Act or the Juvenile Court Act of 1987, of an
unemancipated minor shall be liable for the amount of any
judgment for all damages rendered against such minor under
this subsection (c) in any amount not exceeding the amount
provided under Section 5 of the Parental Responsibility Law.
(d) "Sexual orientation" has the meaning ascribed to it in
paragraph (O-1) of Section 1-103 of the Illinois Human Rights
Act.
(Source: P.A. 102-235, eff. 1-1-22; 102-468, eff. 1-1-22;
102-813, eff. 5-13-22.)
Section 10. The Unified Code of Corrections is amended by
changing Sections 3-6-3, 5-5-3 and 5-8-1 as follows:
(730 ILCS 5/3-6-3)
(Text of Section before amendment by P.A. 103-822)
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 of Corrections and the
Department of Juvenile Justice shall prescribe rules and
regulations for awarding and revoking sentence credit for

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persons committed to the Department of Juvenile Justice under
Section 5-8-6 of the Unified Code of Corrections, 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 of Corrections or the Department
of Juvenile Justice 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 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
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

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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 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

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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,
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,

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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
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

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(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
imprisonment shall receive no sentence credit.
(2.3) Except as provided in paragraph (4.7) of this
subsection (a), 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

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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) Except as provided in paragraph (4.7) of this
subsection (a), 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) Except as provided in paragraph (4.7) of this
subsection (a), 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
sentence of imprisonment.
(2.6) Except as provided in paragraph (4.7) of this

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subsection (a), 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) In addition to the sentence credits earned under
paragraphs (2.1), (4), (4.1), (4.2), and (4.7) of this
subsection (a), the rules and regulations shall also provide
that the Director of Corrections or the Director of Juvenile
Justice may award up to 180 days of earned sentence credit for
prisoners serving a sentence of incarceration of less than 5
years, and up to 365 days of earned sentence credit for
prisoners serving a sentence of 5 years or longer. The
Director may grant this credit for good conduct in specific
instances as either Director deems proper for eligible persons
in the custody of each Director's respective Department. 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.
Eligible inmates for an award of earned sentence credit

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under this paragraph (3) may be selected to receive the credit
at either Director's or his or her designee's sole discretion.
Eligibility for the additional earned sentence credit under
this paragraph (3) may be based on, but is not limited to,
participation in programming offered by the Department as
appropriate for the prisoner based on 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,
demonstrated commitment to rehabilitation by a prisoner with a
history of conviction for a forcible felony enumerated in
Section 2-8 of the Criminal Code of 2012, the inmate's
behavior and improvements in disciplinary history while
incarcerated, and the inmate's commitment to rehabilitation,
including participation in programming offered by the
Department.
The Director of Corrections or the Director of Juvenile
Justice 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, including time served in a county jail;
except nothing in this paragraph shall be construed to permit
either Director to extend an inmate's sentence beyond that
which was imposed by the court. Prior to awarding credit under
this paragraph (3), each Director shall make a written
determination that the inmate:
(A) is eligible for the earned sentence credit;

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(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
Department using a validated instrument; and
(C) has met the eligibility criteria established by
rule for earned sentence credit.
The Director of Corrections or the Director of Juvenile
Justice 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)(A) Except as provided in paragraph (4.7) of this
subsection (a), the rules and regulations shall also provide
that any prisoner who is engaged full-time in substance abuse

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programs, correctional industry assignments, educational
programs, work-release programs or activities in accordance
with Article 13 of Chapter III of this Code, 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 receive
one day of sentence credit for each day in which that prisoner
is engaged in the activities described in this paragraph. The
rules and regulations shall also provide that sentence credit
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. The rules and regulations shall also provide
that sentence credit may be provided to an inmate who is in
compliance with programming requirements in an adult
transition center.
(B) The Department shall award sentence credit under this
paragraph (4) accumulated prior to January 1, 2020 (the
effective date of Public Act 101-440) in an amount specified

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in subparagraph (C) of this paragraph (4) to an inmate serving
a sentence for an offense committed prior to June 19, 1998, if
the Department determines that the inmate is entitled to this
sentence credit, based upon:
(i) documentation provided by the Department that the
inmate engaged in any full-time 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 completed the assigned
program as determined by the standards of the Department
during the inmate's current term of incarceration; or
(ii) the inmate's own testimony in the form of an
affidavit or documentation, or a third party's
documentation or testimony in the form of an affidavit
that the inmate likely engaged in any full-time substance
abuse programs, correctional industry assignments,
educational programs, behavior modification programs, life
skills courses, or re-entry planning provided by the
Department under paragraph (4) and satisfactorily
completed the assigned program as determined by the
standards of the Department during the inmate's current
term of incarceration.
(C) If the inmate can provide documentation that he or she
is entitled to sentence credit under subparagraph (B) in
excess of 45 days of participation in those programs, the

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inmate shall receive 90 days of sentence credit. If the inmate
cannot provide documentation of more than 45 days of
participation in those programs, the inmate shall receive 45
days of sentence credit. In the event of a disagreement
between the Department and the inmate as to the amount of
credit accumulated under subparagraph (B), if the Department
provides documented proof of a lesser amount of days of
participation in those programs, that proof shall control. If
the Department provides no documentary proof, the inmate's
proof as set forth in clause (ii) of subparagraph (B) shall
control as to the amount of sentence credit provided.
(D) If the inmate has been convicted of a sex offense as
defined in Section 2 of the Sex Offender Registration Act,
sentencing credits under subparagraph (B) of this paragraph
(4) shall be awarded by the Department only if the conditions
set forth in paragraph (4.6) of subsection (a) are satisfied.
No inmate serving a term of natural life imprisonment shall
receive sentence credit under subparagraph (B) of this
paragraph (4).
(E) The rules and regulations shall provide for the
recalculation of program credits awarded pursuant to this
paragraph (4) prior to July 1, 2021 (the effective date of
Public Act 101-652) at the rate set for such credits on and
after July 1, 2021.
Educational, vocational, substance abuse, behavior
modification programs, life skills courses, re-entry planning,

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and correctional industry programs under which sentence credit
may be earned 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 rules and
regulations shall provide that a prisoner who has been placed
on a waiting list but is transferred for non-disciplinary
reasons before beginning a program shall receive priority
placement on the waitlist for appropriate programs at the new
facility. 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. The
rules and regulations shall provide that a prisoner who begins
an educational, vocational, substance abuse, work-release
programs or activities in accordance with Article 13 of

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Chapter III of this Code, behavior modification program, life
skills course, re-entry planning, or correctional industry
programs but is unable to complete the program due to illness,
disability, transfer, lockdown, or another reason outside of
the prisoner's control shall receive prorated sentence credits
for the days in which the prisoner did participate.
(4.1) Except as provided in paragraph (4.7) of this
subsection (a), 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 State of Illinois High School
Diploma. 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

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Corrections. Except as provided in paragraph (4.7) of this
subsection (a), the rules and regulations shall provide that
an additional 120 days of sentence credit shall be awarded to
any prisoner who obtains an associate degree while the
prisoner is committed to the Department of Corrections,
regardless of the date that the associate degree was obtained,
including if prior to July 1, 2021 (the effective date of
Public Act 101-652). 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 under the guidelines and
restrictions set forth in paragraph (4) of subsection (a) of
this Section. The sentence credit provided for in this
paragraph (4.1) shall be available only to those prisoners who
have not previously earned an associate degree prior to the
current commitment to the Department of Corrections. If, after
an award of the associate degree sentence credit has been made
and the Department determines that the prisoner was not
eligible, then the award shall be revoked. The Department may
also award 120 days of sentence credit to any committed person
who earned an associate degree while he or she was held in
pre-trial detention prior to the current commitment to the
Department of Corrections.
Except as provided in paragraph (4.7) of this subsection
(a), the rules and regulations shall provide that an
additional 180 days of sentence credit shall be awarded to any

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prisoner who obtains a bachelor's degree 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 under
the guidelines and restrictions set forth in paragraph (4) of
this subsection (a). The sentence credit provided for in this
paragraph shall be available only to those prisoners who have
not earned a bachelor's degree prior to the current commitment
to the Department of Corrections. If, after an award of the
bachelor's degree 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 180
days of sentence credit to any committed person who earned a
bachelor's degree while he or she was held in pre-trial
detention prior to the current commitment to the Department of
Corrections.
Except as provided in paragraph (4.7) of this subsection
(a), the rules and regulations shall provide that an
additional 180 days of sentence credit shall be awarded to any
prisoner who obtains a master's or professional degree 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 under the guidelines and restrictions set forth in

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paragraph (4) of this subsection (a). The sentence credit
provided for in this paragraph shall be available only to
those prisoners who have not previously earned a master's or
professional degree prior to the current commitment to the
Department of Corrections. If, after an award of the master's
or professional degree 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 180
days of sentence credit to any committed person who earned a
master's or professional degree while he or she was held in
pre-trial detention prior to the current commitment to the
Department of Corrections.
(4.2)(A) The rules and regulations shall also provide that
any prisoner engaged in self-improvement programs, volunteer
work, or work assignments that are not otherwise eligible
activities under paragraph (4), shall receive up to 0.5 days
of sentence credit for each day in which the prisoner is
engaged in activities described in this paragraph.
(B) The rules and regulations shall provide for the award
of sentence credit under this paragraph (4.2) for qualifying
days of engagement in eligible activities occurring prior to
July 1, 2021 (the effective date of Public Act 101-652).
(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

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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 of Corrections 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, 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

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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
either Director's sole discretion, be awarded sentence credit
at a rate as the Director shall determine.
(4.7) On or after January 1, 2018 (the effective date of
Public Act 100-3), 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 January 1, 2018 (the effective date of Public Act
100-3); 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%.
(iii) 100% of his or her sentence if the prisoner is
required to serve 100% of his or her sentence.
(5) Whenever the Department is to release any inmate
earlier than it otherwise would because of a grant of earned

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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 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) (1) The Department shall prescribe rules and
regulations for revoking sentence credit, including revoking
sentence credit awarded under paragraph (3) of subsection (a)

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of this Section. The Department shall prescribe rules and
regulations establishing and requiring the use of a sanctions
matrix for revoking sentence credit. 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.
(2) 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, whether from one
infraction or cumulatively from multiple infractions arising
out of a single event, 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

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for any prisoner or to increase any penalty beyond the length
requested by the Department.
(3) The Director of Corrections or the Director of
Juvenile Justice, in appropriate cases, may restore sentence
credits which have been revoked, suspended, or reduced. The
Department shall prescribe rules and regulations governing the
restoration of sentence credits. These rules and regulations
shall provide for the automatic restoration of sentence
credits following a period in which the prisoner maintains a
record without a disciplinary violation.
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 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

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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
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

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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.
(Source: P.A. 102-28, eff. 6-25-21; 102-558, eff. 8-20-21;
102-784, eff. 5-13-22; 102-1100, eff. 1-1-23; 103-51, eff.
1-1-24; 103-154, eff. 6-30-23; 103-330, eff. 1-1-24; 103-605,
eff. 7-1-24.)

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(Text of Section after amendment by P.A. 103-822)
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 of Corrections and the
Department of Juvenile Justice shall prescribe rules and
regulations for awarding and revoking sentence credit for
persons committed to the Department of Juvenile Justice under
Section 5-8-6 of the Unified Code of Corrections, 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 of Corrections or the Department
of Juvenile Justice 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 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)

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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
effective date of Public Act 95-625) or with respect to the
offense of unlawful possession of a firearm by a repeat felony
offender 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), or with
respect to the offenses listed in clause (viii) of this
paragraph (2) committed on or after the effective date of this
amendatory Act of the 104th General Assembly 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

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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, unlawful possession of a firearm by a repeat
felony offender, 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 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

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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,
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

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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; and .
(viii) that a prisoner serving a sentence for a hate
crime described in paragraph (2) or (3) of subsection
(b-6) of Section 12-7.1 of the Criminal Code of 2012 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
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

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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), and other than the offenses described in subdivision
(a)(2)(viii) committed on or after the effective date of this
amendatory Act of the 104th General Assembly 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
imprisonment shall receive no sentence credit.
(2.3) Except as provided in paragraph (4.7) of this
subsection (a), 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.

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(2.4) Except as provided in paragraph (4.7) of this
subsection (a), 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) Except as provided in paragraph (4.7) of this
subsection (a), 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
sentence of imprisonment.
(2.6) Except as provided in paragraph (4.7) of this
subsection (a), 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

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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) In addition to the sentence credits earned under
paragraphs (2.1), (4), (4.1), (4.2), and (4.7) of this
subsection (a), the rules and regulations shall also provide
that the Director of Corrections or the Director of Juvenile
Justice may award up to 180 days of earned sentence credit for
prisoners serving a sentence of incarceration of less than 5
years, and up to 365 days of earned sentence credit for
prisoners serving a sentence of 5 years or longer. The
Director may grant this credit for good conduct in specific
instances as either Director deems proper for eligible persons
in the custody of each Director's respective Department. 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.
Eligible inmates for an award of earned sentence credit
under this paragraph (3) may be selected to receive the credit
at either Director's or his or her designee's sole discretion.
Eligibility for the additional earned sentence credit under
this paragraph (3) may be based on, but is not limited to,
participation in programming offered by the Department as
appropriate for the prisoner based on the results of any

HB0075 - 39 - LRB104 03325 RLC 13347 b
available risk/needs assessment or other relevant assessments
or evaluations administered by the Department using a
validated instrument, the circumstances of the crime,
demonstrated commitment to rehabilitation by a prisoner with a
history of conviction for a forcible felony enumerated in
Section 2-8 of the Criminal Code of 2012, the inmate's
behavior and improvements in disciplinary history while
incarcerated, and the inmate's commitment to rehabilitation,
including participation in programming offered by the
Department.
The Director of Corrections or the Director of Juvenile
Justice 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, including time served in a county jail;
except nothing in this paragraph shall be construed to permit
either Director to extend an inmate's sentence beyond that
which was imposed by the court. Prior to awarding credit under
this paragraph (3), each 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
Department using a validated instrument; and
(C) has met the eligibility criteria established by

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rule for earned sentence credit.
The Director of Corrections or the Director of Juvenile
Justice 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)(A) Except as provided in paragraph (4.7) of this
subsection (a), the rules and regulations shall also provide
that any prisoner who is engaged full-time in substance abuse
programs, correctional industry assignments, educational
programs, work-release programs or activities in accordance
with Article 13 of Chapter III of this Code, 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

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determined by the standards of the Department, shall receive
one day of sentence credit for each day in which that prisoner
is engaged in the activities described in this paragraph. The
rules and regulations shall also provide that sentence credit
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. The rules and regulations shall also provide
that sentence credit may be provided to an inmate who is in
compliance with programming requirements in an adult
transition center.
(B) The Department shall award sentence credit under this
paragraph (4) accumulated prior to January 1, 2020 (the
effective date of Public Act 101-440) in an amount specified
in subparagraph (C) of this paragraph (4) to an inmate serving
a sentence for an offense committed prior to June 19, 1998, if
the Department determines that the inmate is entitled to this
sentence credit, based upon:
(i) documentation provided by the Department that the
inmate engaged in any full-time substance abuse programs,

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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 completed the assigned
program as determined by the standards of the Department
during the inmate's current term of incarceration; or
(ii) the inmate's own testimony in the form of an
affidavit or documentation, or a third party's
documentation or testimony in the form of an affidavit
that the inmate likely engaged in any full-time substance
abuse programs, correctional industry assignments,
educational programs, behavior modification programs, life
skills courses, or re-entry planning provided by the
Department under paragraph (4) and satisfactorily
completed the assigned program as determined by the
standards of the Department during the inmate's current
term of incarceration.
(C) If the inmate can provide documentation that he or she
is entitled to sentence credit under subparagraph (B) in
excess of 45 days of participation in those programs, the
inmate shall receive 90 days of sentence credit. If the inmate
cannot provide documentation of more than 45 days of
participation in those programs, the inmate shall receive 45
days of sentence credit. In the event of a disagreement
between the Department and the inmate as to the amount of
credit accumulated under subparagraph (B), if the Department

HB0075 - 43 - LRB104 03325 RLC 13347 b
provides documented proof of a lesser amount of days of
participation in those programs, that proof shall control. If
the Department provides no documentary proof, the inmate's
proof as set forth in clause (ii) of subparagraph (B) shall
control as to the amount of sentence credit provided.
(D) If the inmate has been convicted of a sex offense as
defined in Section 2 of the Sex Offender Registration Act,
sentencing credits under subparagraph (B) of this paragraph
(4) shall be awarded by the Department only if the conditions
set forth in paragraph (4.6) of subsection (a) are satisfied.
No inmate serving a term of natural life imprisonment shall
receive sentence credit under subparagraph (B) of this
paragraph (4).
(E) The rules and regulations shall provide for the
recalculation of program credits awarded pursuant to this
paragraph (4) prior to July 1, 2021 (the effective date of
Public Act 101-652) at the rate set for such credits on and
after July 1, 2021.
Educational, vocational, substance abuse, behavior
modification programs, life skills courses, re-entry planning,
and correctional industry programs under which sentence credit
may be earned 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

HB0075 - 44 - LRB104 03325 RLC 13347 b
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 rules and
regulations shall provide that a prisoner who has been placed
on a waiting list but is transferred for non-disciplinary
reasons before beginning a program shall receive priority
placement on the waitlist for appropriate programs at the new
facility. 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. The
rules and regulations shall provide that a prisoner who begins
an educational, vocational, substance abuse, work-release
programs or activities in accordance with Article 13 of
Chapter III of this Code, behavior modification program, life
skills course, re-entry planning, or correctional industry
programs but is unable to complete the program due to illness,
disability, transfer, lockdown, or another reason outside of
the prisoner's control shall receive prorated sentence credits
for the days in which the prisoner did participate.

HB0075 - 45 - LRB104 03325 RLC 13347 b
(4.1) Except as provided in paragraph (4.7) of this
subsection (a), 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 State of Illinois High School
Diploma. 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. Except as provided in paragraph (4.7) of this
subsection (a), the rules and regulations shall provide that
an additional 120 days of sentence credit shall be awarded to
any prisoner who obtains an associate degree while the
prisoner is committed to the Department of Corrections,
regardless of the date that the associate degree was obtained,

HB0075 - 46 - LRB104 03325 RLC 13347 b
including if prior to July 1, 2021 (the effective date of
Public Act 101-652). 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 under the guidelines and
restrictions set forth in paragraph (4) of subsection (a) of
this Section. The sentence credit provided for in this
paragraph (4.1) shall be available only to those prisoners who
have not previously earned an associate degree prior to the
current commitment to the Department of Corrections. If, after
an award of the associate degree sentence credit has been made
and the Department determines that the prisoner was not
eligible, then the award shall be revoked. The Department may
also award 120 days of sentence credit to any committed person
who earned an associate degree while he or she was held in
pre-trial detention prior to the current commitment to the
Department of Corrections.
Except as provided in paragraph (4.7) of this subsection
(a), the rules and regulations shall provide that an
additional 180 days of sentence credit shall be awarded to any
prisoner who obtains a bachelor's degree 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 under
the guidelines and restrictions set forth in paragraph (4) of

HB0075 - 47 - LRB104 03325 RLC 13347 b
this subsection (a). The sentence credit provided for in this
paragraph shall be available only to those prisoners who have
not earned a bachelor's degree prior to the current commitment
to the Department of Corrections. If, after an award of the
bachelor's degree 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 180
days of sentence credit to any committed person who earned a
bachelor's degree while he or she was held in pre-trial
detention prior to the current commitment to the Department of
Corrections.
Except as provided in paragraph (4.7) of this subsection
(a), the rules and regulations shall provide that an
additional 180 days of sentence credit shall be awarded to any
prisoner who obtains a master's or professional degree 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 under the guidelines and restrictions set forth in
paragraph (4) of this subsection (a). The sentence credit
provided for in this paragraph shall be available only to
those prisoners who have not previously earned a master's or
professional degree prior to the current commitment to the
Department of Corrections. If, after an award of the master's
or professional degree sentence credit has been made, the

HB0075 - 48 - LRB104 03325 RLC 13347 b
Department determines that the prisoner was not eligible, then
the award shall be revoked. The Department may also award 180
days of sentence credit to any committed person who earned a
master's or professional degree while he or she was held in
pre-trial detention prior to the current commitment to the
Department of Corrections.
(4.2)(A) The rules and regulations shall also provide that
any prisoner engaged in self-improvement programs, volunteer
work, or work assignments that are not otherwise eligible
activities under paragraph (4), shall receive up to 0.5 days
of sentence credit for each day in which the prisoner is
engaged in activities described in this paragraph.
(B) The rules and regulations shall provide for the award
of sentence credit under this paragraph (4.2) for qualifying
days of engagement in eligible activities occurring prior to
July 1, 2021 (the effective date of Public Act 101-652).
(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 of Corrections may waive the
requirement to participate in or complete a substance abuse
treatment program in specific instances if the prisoner is not

HB0075 - 49 - LRB104 03325 RLC 13347 b
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
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
either Director's sole discretion, be awarded sentence credit

HB0075 - 50 - LRB104 03325 RLC 13347 b
at a rate as the Director shall determine.
(4.7) On or after January 1, 2018 (the effective date of
Public Act 100-3), 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 January 1, 2018 (the effective date of Public Act
100-3); 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%.
(iii) 100% of his or her sentence if the prisoner is
required to serve 100% of his or her sentence.
(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

HB0075 - 51 - LRB104 03325 RLC 13347 b
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
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) (1) 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 establishing and requiring the use of a sanctions
matrix for revoking sentence credit. 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

HB0075 - 52 - LRB104 03325 RLC 13347 b
shall provide that no inmate may be penalized more than one
year of sentence credit for any one infraction.
(2) 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, whether from one
infraction or cumulatively from multiple infractions arising
out of a single event, 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.
(3) The Director of Corrections or the Director of
Juvenile Justice, in appropriate cases, may restore sentence
credits which have been revoked, suspended, or reduced. The
Department shall prescribe rules and regulations governing the

HB0075 - 53 - LRB104 03325 RLC 13347 b
restoration of sentence credits. These rules and regulations
shall provide for the automatic restoration of sentence
credits following a period in which the prisoner maintains a
record without a disciplinary violation.
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 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

HB0075 - 54 - LRB104 03325 RLC 13347 b
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
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

HB0075 - 55 - LRB104 03325 RLC 13347 b
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.
(Source: P.A. 102-28, eff. 6-25-21; 102-558, eff. 8-20-21;
102-784, eff. 5-13-22; 102-1100, eff. 1-1-23; 103-51, eff.
1-1-24; 103-154, eff. 6-30-23; 103-330, eff. 1-1-24; 103-605,
eff. 7-1-24; 103-822, eff. 1-1-25.)
(730 ILCS 5/5-5-3)
(Text of Section before amendment by P.A. 103-825)
Sec. 5-5-3. Disposition.
(a) (Blank).
(b) (Blank).

HB0075 - 56 - LRB104 03325 RLC 13347 b
(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.
(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) of Section 401 of that Act which
relates to more than 5 grams of a substance containing
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) (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

HB0075 - 57 - LRB104 03325 RLC 13347 b
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 Substance Use Disorder 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, 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 Substance Use Disorder 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 Substance Use Disorder 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.

HB0075 - 58 - LRB104 03325 RLC 13347 b
(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.
(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),

HB0075 - 59 - LRB104 03325 RLC 13347 b
or (7) of subsection (a) of Section 11-20.1 of the
Criminal Code of 1961 or the Criminal Code of 2012.
(P-5) A violation of paragraph (6) of subsection (a)
of Section 11-20.1 of the Criminal Code of 1961 or the
Criminal Code of 2012 if the victim is a household or
family member of the defendant.
(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
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

HB0075 - 60 - LRB104 03325 RLC 13347 b
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.
(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

HB0075 - 61 - LRB104 03325 RLC 13347 b
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
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

HB0075 - 62 - LRB104 03325 RLC 13347 b
the court, shall be imposed for a third or subsequent
violation of Section 6-303 of the Illinois Vehicle Code. The
court may give credit toward the fulfillment of community
service hours for participation in activities and treatment as
determined by court services.
(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
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

HB0075 - 63 - LRB104 03325 RLC 13347 b
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
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

HB0075 - 64 - LRB104 03325 RLC 13347 b
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 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

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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
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

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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 this
Code 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 this Code. 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

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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
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

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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
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

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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. 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,

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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
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

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whom the results of the testing are revealed and shall direct
the State's Attorney to provide the information to the victim
when possible. 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
disbursed by the circuit clerk as provided under the Criminal
and Traffic Assessment 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

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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 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

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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 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 not a citizen or national of
the United States, is convicted of any felony or misdemeanor
offense, the court after sentencing the defendant may, upon

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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.
(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

HB0075 - 75 - LRB104 03325 RLC 13347 b
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
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,

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or (iii) if the person has a substance use disorder, as defined
in the Substance Use Disorder Act, to a treatment 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. 102-168, eff. 7-27-21; 102-531, eff. 1-1-22;
102-813, eff. 5-13-22; 102-1030, eff. 5-27-22; 103-51, eff.
1-1-24.)
(Text of Section after amendment by P.A. 103-825)
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.
(B) Attempted first degree murder.

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(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) of Section 401 of that Act which
relates to more than 5 grams of a substance containing
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) (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 Substance Use Disorder 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

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(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 Substance Use Disorder 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 Substance Use Disorder 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

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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.
(P-5) A violation of paragraph (6) of subsection (a)
of Section 11-20.1 of the Criminal Code of 1961 or the
Criminal Code of 2012 if the victim is a household or
family member of the defendant.
(P-6) A violation of paragraph (2) of subsection (b)
of Section 11-20.4 of 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

HB0075 - 80 - LRB104 03325 RLC 13347 b
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
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

HB0075 - 81 - LRB104 03325 RLC 13347 b
equivalent to those offenses.
(V-5) A violation of paragraph (1) of subsection (b)
of Section 11-20.4 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 if 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.
(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.

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(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.
(FF) A conviction for a hate crime described in
subsection (b-6) of Section 12-7.1 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
this subsection (c), a minimum of 100 hours of community
service shall be imposed for a second violation of Section

HB0075 - 83 - LRB104 03325 RLC 13347 b
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. The
court may give credit toward the fulfillment of community
service hours for participation in activities and treatment as
determined by court services.
(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

HB0075 - 84 - LRB104 03325 RLC 13347 b
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:
(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

HB0075 - 85 - LRB104 03325 RLC 13347 b
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
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

HB0075 - 86 - LRB104 03325 RLC 13347 b
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 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

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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 this
Code 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 this Code. 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

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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:
(i) removal from the household;
(ii) restricted contact with the victim;
(iii) continued financial support of the
family;

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(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).
(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,

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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
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

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the testing are revealed and shall direct the State's Attorney
to provide the information to the victim when possible. 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
and must be personally delivered in a sealed envelope to the
judge of the court in which the conviction was entered for the

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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. 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
disbursed by the circuit clerk as provided under the Criminal
and Traffic Assessment 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, 11-20.4, 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

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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 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

HB0075 - 94 - LRB104 03325 RLC 13347 b
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 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

HB0075 - 95 - LRB104 03325 RLC 13347 b
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 not a citizen or national of
the United States, 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.
(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

HB0075 - 96 - LRB104 03325 RLC 13347 b
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
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

HB0075 - 97 - LRB104 03325 RLC 13347 b
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 has a substance use disorder, as defined
in the Substance Use Disorder Act, to a treatment 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. 102-168, eff. 7-27-21; 102-531, eff. 1-1-22;
102-813, eff. 5-13-22; 102-1030, eff. 5-27-22; 103-51, eff.
1-1-24; 103-825, eff. 1-1-25.)
(730 ILCS 5/5-8-1) (from Ch. 38, par. 1005-8-1)
(Text of Section before amendment by P.A. 103-825)
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

HB0075 - 98 - LRB104 03325 RLC 13347 b
imprisonment for a felony shall be a determinate sentence set
by the court under this Section, subject to Section 5-4.5-115
of this Code, 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 subparagraph (b-5) are present, the
court may sentence the defendant, subject to Section
5-4.5-105, to a term of natural life imprisonment, or
(b-5) A defendant who at the time of the
commission of the offense has attained the age of 18 or
more and who has been found guilty of first degree
murder may be sentenced to a term of natural life
imprisonment if:
(1) the murdered individual was an inmate at
an institution or facility of the Department of
Corrections, or any similar local correctional
agency and was killed on the grounds thereof, or
the murdered individual was otherwise present in
such institution or facility with the knowledge
and approval of the chief administrative officer
thereof;

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(2) the murdered individual was killed as a
result of the hijacking of an airplane, train,
ship, bus, or other public conveyance;
(3) the defendant committed the murder
pursuant to a contract, agreement, or
understanding by which he or she was to receive
money or anything of value in return for
committing the murder or procured another to
commit the murder for money or anything of value;
(4) the murdered individual was killed in the
course of another felony if:
(A) the murdered individual:
(i) was actually killed by the
defendant, or
(ii) received physical injuries
personally inflicted by the defendant
substantially contemporaneously with
physical injuries caused by one or more
persons for whose conduct the defendant is
legally accountable under Section 5-2 of
this Code, and the physical injuries
inflicted by either the defendant or the
other person or persons for whose conduct
he is legally accountable caused the death
of the murdered individual; and (B) in
performing the acts which caused the death

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of the murdered individual or which
resulted in physical injuries personally
inflicted by the defendant on the murdered
individual under the circumstances of
subdivision (ii) of clause (A) of this
clause (4), the defendant acted with the
intent to kill the murdered individual or
with the knowledge that his or her acts
created a strong probability of death or
great bodily harm to the murdered
individual or another; and
(B) in performing the acts which caused
the death of the murdered individual or which
resulted in physical injuries personally
inflicted by the defendant on the murdered
individual under the circumstances of
subdivision (ii) of clause (A) of this clause
(4), the defendant acted with the intent to
kill the murdered individual or with the
knowledge that his or her acts created a
strong probability of death or great bodily
harm to the murdered individual or another;
and
(C) the other felony was an inherently
violent crime or the attempt to commit an
inherently violent crime. In this clause (C),

HB0075 - 101 - LRB104 03325 RLC 13347 b
"inherently violent crime" includes, but is
not limited to, armed robbery, robbery,
predatory criminal sexual assault of a child,
aggravated criminal sexual assault, aggravated
kidnapping, aggravated vehicular hijacking,
aggravated arson, aggravated stalking,
residential burglary, and home invasion;
(5) the defendant committed the murder with
intent to prevent the murdered individual from
testifying or participating in any criminal
investigation or prosecution or giving material
assistance to the State in any investigation or
prosecution, either against the defendant or
another; or the defendant committed the murder
because the murdered individual was a witness in
any prosecution or gave material assistance to the
State in any investigation or prosecution, either
against the defendant or another; for purposes of
this clause (5), "participating in any criminal
investigation or prosecution" is intended to
include those appearing in the proceedings in any
capacity such as trial judges, prosecutors,
defense attorneys, investigators, witnesses, or
jurors;
(6) the defendant, while committing an offense
punishable under Section 401, 401.1, 401.2, 405,

HB0075 - 102 - LRB104 03325 RLC 13347 b
405.2, 407 or 407.1 or subsection (b) of Section
404 of the Illinois Controlled Substances Act, or
while engaged in a conspiracy or solicitation to
commit such offense, intentionally killed an
individual or counseled, commanded, induced,
procured or caused the intentional killing of the
murdered individual;
(7) the defendant was incarcerated in an
institution or facility of the Department of
Corrections at the time of the murder, and while
committing an offense punishable as a felony under
Illinois law, or while engaged in a conspiracy or
solicitation to commit such offense, intentionally
killed an individual or counseled, commanded,
induced, procured or caused the intentional
killing of the murdered individual;
(8) the murder was committed in a cold,
calculated and premeditated manner pursuant to a
preconceived plan, scheme or design to take a
human life by unlawful means, and the conduct of
the defendant created a reasonable expectation
that the death of a human being would result
therefrom;
(9) the defendant was a principal
administrator, organizer, or leader of a
calculated criminal drug conspiracy consisting of

HB0075 - 103 - LRB104 03325 RLC 13347 b
a hierarchical position of authority superior to
that of all other members of the conspiracy, and
the defendant counseled, commanded, induced,
procured, or caused the intentional killing of the
murdered person;
(10) the murder was intentional and involved
the infliction of torture. For the purpose of this
clause (10), torture means the infliction of or
subjection to extreme physical pain, motivated by
an intent to increase or prolong the pain,
suffering or agony of the victim;
(11) the murder was committed as a result of
the intentional discharge of a firearm by the
defendant from a motor vehicle and the victim was
not present within the motor vehicle;
(12) the murdered individual was a person with
a disability and the defendant knew or should have
known that the murdered individual was a person
with a disability. For purposes of this clause
(12), "person with a disability" means a person
who suffers from a permanent physical or mental
impairment resulting from disease, an injury, a
functional disorder, or a congenital condition
that renders the person incapable of adequately
providing for his or her own health or personal
care;

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(13) the murdered individual was subject to an
order of protection and the murder was committed
by a person against whom the same order of
protection was issued under the Illinois Domestic
Violence Act of 1986;
(14) the murdered individual was known by the
defendant to be a teacher or other person employed
in any school and the teacher or other employee is
upon the grounds of a school or grounds adjacent
to a school, or is in any part of a building used
for school purposes;
(15) the murder was committed by the defendant
in connection with or as a result of the offense of
terrorism as defined in Section 29D-14.9 of this
Code;
(16) the murdered individual was a member of a
congregation engaged in prayer or other religious
activities at a church, synagogue, mosque, or
other building, structure, or place used for
religious worship; or
(17)(i) the murdered individual was a
physician, physician assistant, psychologist,
nurse, or advanced practice registered nurse;
(ii) the defendant knew or should have known
that the murdered individual was a physician,
physician assistant, psychologist, nurse, or

HB0075 - 105 - LRB104 03325 RLC 13347 b
advanced practice registered nurse; and
(iii) the murdered individual was killed in
the course of acting in his or her capacity as a
physician, physician assistant, psychologist,
nurse, or advanced practice registered nurse, or
to prevent him or her from acting in that
capacity, or in retaliation for his or her acting
in that capacity.
(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

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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
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

HB0075 - 107 - LRB104 03325 RLC 13347 b
(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
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

HB0075 - 108 - LRB104 03325 RLC 13347 b
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
(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 for the offenses of
predatory criminal sexual assault of a child, aggravated
criminal sexual assault, and criminal sexual assault if
committed on or before December 12, 2005, 3 years;
(1.5) except as provided in paragraph (7) of this

HB0075 - 109 - LRB104 03325 RLC 13347 b
subsection (d), for 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 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) except as provided in paragraph (7) of this
subsection (d), 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) 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, 12 months;
(3) except as provided in paragraph (4), (6), or (7)
of this subsection (d), for a Class 3 felony or a Class 4
felony, 6 months; no later than 45 days after the onset of
the term of mandatory supervised release, the Prisoner
Review Board shall conduct a discretionary discharge
review pursuant to the provisions of Section 3-3-8, which
shall include the results of a standardized risk and needs

HB0075 - 110 - LRB104 03325 RLC 13347 b
assessment tool administered by the Department of
Corrections; the changes to this paragraph (3) made by
this amendatory Act of the 102nd General Assembly apply to
all individuals released on mandatory supervised release
on or after the effective date of this amendatory Act of
the 102nd General Assembly, including those individuals
whose sentences were imposed prior to the effective date
of this amendatory Act of the 102nd General Assembly;
(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
December 13, 2005 (the effective date of Public Act
94-715), 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,
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 monitoring or home detention program under
Article 8A of Chapter V of this Code;

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(6) for a felony domestic battery, aggravated domestic
battery, stalking, aggravated stalking, and a felony
violation of an order of protection, 4 years;
(7) for any felony described in paragraph (a)(2)(ii),
(a)(2)(iii), (a)(2)(iv), (a)(2)(vi), (a)(2.1), (a)(2.3),
(a)(2.4), (a)(2.5), or (a)(2.6) of Article 5, Section
3-6-3 of the Unified Code of Corrections requiring an
inmate to serve a minimum of 85% of their court-imposed
sentence, 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 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 and except as
provided in paragraph (4) or paragraph (6) of this
subsection (d), the term of mandatory supervised release
shall be as follows:
(A) Class X felony, 3 years;
(B) Class 1 or Class 2 felonies, 2 years;
(C) Class 3 or Class 4 felonies, 1 year.
(e) (Blank).
(f) (Blank).
(g) Notwithstanding any other provisions of this Act and

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of Public Act 101-652: (i) the provisions of paragraph (3) of
subsection (d) are effective on July 1, 2022 and shall apply to
all individuals convicted on or after the effective date of
paragraph (3) of subsection (d); and (ii) the provisions of
paragraphs (1.5) and (2) of subsection (d) are effective on
July 1, 2021 and shall apply to all individuals convicted on or
after the effective date of paragraphs (1.5) and (2) of
subsection (d).
(Source: P.A. 102-28, eff. 6-25-21; 102-687, eff. 12-17-21;
102-694, eff. 1-7-22; 102-1104, eff. 12-6-22; 103-51, eff.
1-1-24.)
(Text of Section after amendment by P.A. 103-825)
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, subject to Section 5-4.5-115
of this Code, 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

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(a)(1)(c) of this Section, that any of the aggravating
factors listed in subparagraph (b-5) are present or
that the murder was committed by reason of the actual
or perceived race, color, creed, religion, ancestry,
gender, sexual orientation, physical or mental
disability, citizenship, immigration status, or
national origin of another individual or group of
individuals of the victim or victims, the court may
sentence the defendant, subject to Section 5-4.5-105,
to a term of natural life imprisonment, or
(b-5) A defendant who at the time of the
commission of the offense has attained the age of 18 or
more and who has been found guilty of first degree
murder may be sentenced to a term of natural life
imprisonment if:
(1) the murdered individual was an inmate at
an institution or facility of the Department of
Corrections, or any similar local correctional
agency and was killed on the grounds thereof, or
the murdered individual was otherwise present in
such institution or facility with the knowledge
and approval of the chief administrative officer
thereof;
(2) the murdered individual was killed as a
result of the hijacking of an airplane, train,
ship, bus, or other public conveyance;

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(3) the defendant committed the murder
pursuant to a contract, agreement, or
understanding by which he or she was to receive
money or anything of value in return for
committing the murder or procured another to
commit the murder for money or anything of value;
(4) the murdered individual was killed in the
course of another felony if:
(A) the murdered individual:
(i) was actually killed by the
defendant, or
(ii) received physical injuries
personally inflicted by the defendant
substantially contemporaneously with
physical injuries caused by one or more
persons for whose conduct the defendant is
legally accountable under Section 5-2 of
this Code, and the physical injuries
inflicted by either the defendant or the
other person or persons for whose conduct
he is legally accountable caused the death
of the murdered individual; and (B) in
performing the acts which caused the death
of the murdered individual or which
resulted in physical injuries personally
inflicted by the defendant on the murdered

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individual under the circumstances of
subdivision (ii) of clause (A) of this
clause (4), the defendant acted with the
intent to kill the murdered individual or
with the knowledge that his or her acts
created a strong probability of death or
great bodily harm to the murdered
individual or another; and
(B) in performing the acts which caused
the death of the murdered individual or which
resulted in physical injuries personally
inflicted by the defendant on the murdered
individual under the circumstances of
subdivision (ii) of clause (A) of this clause
(4), the defendant acted with the intent to
kill the murdered individual or with the
knowledge that his or her acts created a
strong probability of death or great bodily
harm to the murdered individual or another;
and
(C) the other felony was an inherently
violent crime or the attempt to commit an
inherently violent crime. In this clause (C),
"inherently violent crime" includes, but is
not limited to, armed robbery, robbery,
predatory criminal sexual assault of a child,

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aggravated criminal sexual assault, aggravated
kidnapping, aggravated vehicular hijacking,
aggravated arson, aggravated stalking,
residential burglary, and home invasion;
(5) the defendant committed the murder with
intent to prevent the murdered individual from
testifying or participating in any criminal
investigation or prosecution or giving material
assistance to the State in any investigation or
prosecution, either against the defendant or
another; or the defendant committed the murder
because the murdered individual was a witness in
any prosecution or gave material assistance to the
State in any investigation or prosecution, either
against the defendant or another; for purposes of
this clause (5), "participating in any criminal
investigation or prosecution" is intended to
include those appearing in the proceedings in any
capacity such as trial judges, prosecutors,
defense attorneys, investigators, witnesses, or
jurors;
(6) the defendant, while committing an offense
punishable under Section 401, 401.1, 401.2, 405,
405.2, 407 or 407.1 or subsection (b) of Section
404 of the Illinois Controlled Substances Act, or
while engaged in a conspiracy or solicitation to

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commit such offense, intentionally killed an
individual or counseled, commanded, induced,
procured or caused the intentional killing of the
murdered individual;
(7) the defendant was incarcerated in an
institution or facility of the Department of
Corrections at the time of the murder, and while
committing an offense punishable as a felony under
Illinois law, or while engaged in a conspiracy or
solicitation to commit such offense, intentionally
killed an individual or counseled, commanded,
induced, procured or caused the intentional
killing of the murdered individual;
(8) the murder was committed in a cold,
calculated and premeditated manner pursuant to a
preconceived plan, scheme or design to take a
human life by unlawful means, and the conduct of
the defendant created a reasonable expectation
that the death of a human being would result
therefrom;
(9) the defendant was a principal
administrator, organizer, or leader of a
calculated criminal drug conspiracy consisting of
a hierarchical position of authority superior to
that of all other members of the conspiracy, and
the defendant counseled, commanded, induced,

HB0075 - 118 - LRB104 03325 RLC 13347 b
procured, or caused the intentional killing of the
murdered person;
(10) the murder was intentional and involved
the infliction of torture. For the purpose of this
clause (10), torture means the infliction of or
subjection to extreme physical pain, motivated by
an intent to increase or prolong the pain,
suffering or agony of the victim;
(11) the murder was committed as a result of
the intentional discharge of a firearm by the
defendant from a motor vehicle and the victim was
not present within the motor vehicle;
(12) the murdered individual was a person with
a disability and the defendant knew or should have
known that the murdered individual was a person
with a disability. For purposes of this clause
(12), "person with a disability" means a person
who suffers from a permanent physical or mental
impairment resulting from disease, an injury, a
functional disorder, or a congenital condition
that renders the person incapable of adequately
providing for his or her own health or personal
care;
(13) the murdered individual was subject to an
order of protection and the murder was committed
by a person against whom the same order of

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protection was issued under the Illinois Domestic
Violence Act of 1986;
(14) the murdered individual was known by the
defendant to be a teacher or other person employed
in any school and the teacher or other employee is
upon the grounds of a school or grounds adjacent
to a school, or is in any part of a building used
for school purposes;
(15) the murder was committed by the defendant
in connection with or as a result of the offense of
terrorism as defined in Section 29D-14.9 of this
Code;
(16) the murdered individual was a member of a
congregation engaged in prayer or other religious
activities at a church, synagogue, mosque, or
other building, structure, or place used for
religious worship; or
(17)(i) the murdered individual was a
physician, physician assistant, psychologist,
nurse, or advanced practice registered nurse;
(ii) the defendant knew or should have known
that the murdered individual was a physician,
physician assistant, psychologist, nurse, or
advanced practice registered nurse; and
(iii) the murdered individual was killed in
the course of acting in his or her capacity as a

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physician, physician assistant, psychologist,
nurse, or advanced practice registered nurse, or
to prevent him or her from acting in that
capacity, or in retaliation for his or her acting
in that capacity.
(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

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of an institution or facility of the Department of
Corrections, or any similar local correctional
agency, when the employee was killed in the course
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

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person's activity as a community policing
volunteer or to prevent any person from engaging
in activity as a community policing volunteer. For
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);

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(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
(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 for the offenses of
predatory criminal sexual assault of a child, aggravated
criminal sexual assault, and criminal sexual assault if
committed on or before December 12, 2005, 3 years;
(1.5) except as provided in paragraph (7) of this
subsection (d), for a Class X felony except for the
offenses of predatory criminal sexual assault of a child,
aggravated criminal sexual assault, and criminal sexual

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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, and except for the offense of
obscene depiction of a purported child with sentencing
under subsection (d) of Section 11-20.4 of the Criminal
Code of 2012, 18 months;
(2) except as provided in paragraph (7) of this
subsection (d), 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) 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, and except for the
offense of obscene depiction of a purported child under
paragraph (2) of subsection (b) of Section 11-20.4 of the
Criminal Code of 2012, 12 months;
(3) except as provided in paragraph (4), (6), or (7)
of this subsection (d), for a Class 3 felony or a Class 4
felony, 6 months; no later than 45 days after the onset of
the term of mandatory supervised release, the Prisoner

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Review Board shall conduct a discretionary discharge
review pursuant to the provisions of Section 3-3-8, which
shall include the results of a standardized risk and needs
assessment tool administered by the Department of
Corrections; the changes to this paragraph (3) made by
this amendatory Act of the 102nd General Assembly apply to
all individuals released on mandatory supervised release
on or after the effective date of this amendatory Act of
the 102nd General Assembly, including those individuals
whose sentences were imposed prior to the effective date
of this amendatory Act of the 102nd General Assembly;
(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
December 13, 2005 (the effective date of Public Act
94-715), 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,
manufacture of child pornography, or dissemination of
child pornography after January 1, 2009, or who commit the
offense of obscene depiction of a purported child under
paragraph (2) of subsection (b) of Section 11-20.4 of the
Criminal Code of 2012 or who commit the offense of obscene
depiction of a purported child with sentencing under
subsection (d) of Section 11-20.4 of the Criminal Code of

HB0075 - 126 - LRB104 03325 RLC 13347 b
2012, 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 monitoring or 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;
(7) for any felony described in paragraph (a)(2)(ii),
(a)(2)(iii), (a)(2)(iv), (a)(2)(vi), (a)(2.1), (a)(2.3),
(a)(2.4), (a)(2.5), or (a)(2.6) of Article 5, Section
3-6-3 of the Unified Code of Corrections requiring an
inmate to serve a minimum of 85% of their court-imposed
sentence, 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 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, and except for

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the offense of obscene depiction of a purported child with
sentencing under subsection (d) of Section 11-20.4 of the
Criminal Code of 2012, and except as provided in paragraph
(4) or paragraph (6) of this subsection (d), the term of
mandatory supervised release shall be as follows:
(A) Class X felony, 3 years;
(B) Class 1 or Class 2 felonies, 2 years;
(C) Class 3 or Class 4 felonies, 1 year.
(e) (Blank).
(f) (Blank).
(g) Notwithstanding any other provisions of this Act and
of Public Act 101-652: (i) the provisions of paragraph (3) of
subsection (d) are effective on July 1, 2022 and shall apply to
all individuals convicted on or after the effective date of
paragraph (3) of subsection (d); and (ii) the provisions of
paragraphs (1.5) and (2) of subsection (d) are effective on
July 1, 2021 and shall apply to all individuals convicted on or
after the effective date of paragraphs (1.5) and (2) of
subsection (d).
(Source: P.A. 102-28, eff. 6-25-21; 102-687, eff. 12-17-21;
102-694, eff. 1-7-22; 102-1104, eff. 12-6-22; 103-51, eff.
1-1-24; 103-825, eff. 1-1-25.)
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

HB0075 - 128 - LRB104 03325 RLC 13347 b
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.