Bill Text: IL HB3120 | 2019-2020 | 101st General Assembly | Introduced


Bill Title: Creates the Employee Targeted Tax Credit Act. Provides provisions regarding: powers of the Department of Employment Security; a pilot program; a certificate of eligibility for tax credit; the tax credit, which shall not be less than $10,000 and shall not exceed $15,000; the determination of the amount of the credit; the maximum amount of credits allowed; the application for award of tax credit and a tax credit certificate; submission of tax credit certificate to the Department of Revenue; noncompliance; rules; the elimination of mandatory minimums in sentencing; and applicability. Defines terms. Amends the Unified Code of Corrections. Makes changes regarding: appropriate dispositions; terms for Class X, Class 1, Class 2, Class 3, and Class 4 felonies; felony fines; misdemeanor sentences; and habitual criminals. Effective immediately.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2019-03-29 - Rule 19(a) / Re-referred to Rules Committee [HB3120 Detail]

Download: Illinois-2019-HB3120-Introduced.html


101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB3120

Introduced , by Rep. Lamont J. Robinson, Jr.

SYNOPSIS AS INTRODUCED:
New Act
730 ILCS 5/5-4.5-15
730 ILCS 5/5-4.5-25
730 ILCS 5/5-4.5-30
730 ILCS 5/5-4.5-35
730 ILCS 5/5-4.5-40
730 ILCS 5/5-4.5-45
730 ILCS 5/5-4.5-50
730 ILCS 5/5-4.5-85
730 ILCS 5/5-4.5-95

Creates the Employee Targeted Tax Credit Act. Provides provisions regarding: powers of the Department of Employment Security; a pilot program; a certificate of eligibility for tax credit; the tax credit, which shall not be less than $10,000 and shall not exceed $15,000; the determination of the amount of the credit; the maximum amount of credits allowed; the application for award of tax credit and a tax credit certificate; submission of tax credit certificate to the Department of Revenue; noncompliance; rules; the elimination of mandatory minimums in sentencing; and applicability. Defines terms. Amends the Unified Code of Corrections. Makes changes regarding: appropriate dispositions; terms for Class X, Class 1, Class 2, Class 3, and Class 4 felonies; felony fines; misdemeanor sentences; and habitual criminals. Effective immediately.
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FISCAL NOTE ACT MAY APPLY

A BILL FOR

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1 AN ACT concerning revenue.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 1. Short title. This Act may be cited as the
5Employee Targeted Tax Credit Pilot Program Act.
6 Section 5. Findings and purpose. In order to reverse the
7trend of high unemployment and to help spur the economy to
8recovery, it is necessary to assist individuals in accessing
9family supporting, full-time work.
10 Section 10. Definitions. In this Act:
11 "Applicant" means a person that is operating a business
12located within this State that:
13 (1) is engaged in interstate or intrastate commerce;
14 and
15 (2) hires a participant for a position under union
16 contract or for a position that offers a basic wage and
17 benefits package as compensation.
18 In the case of any person that is a member of a unitary
19business group within the meaning of paragraph (27) in
20subsection (a) of Section 1501 of the Illinois Income Tax Act,
21"applicant" refers to the unitary business group.
22 "Basic wage" means a minimum annual salary of $30,000 as

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1compensation
2 "Benefits package" means the new full-time employee's
3benefits outside of the employee's basic wage including:
4 (1) a minimum of 5 days of earned sick time;
5 (2) a minimum of 5 days of paid vacation;
6 (3) eligibility for health insurance; and
7 (4) eligibility for a 401K.
8 "Benefits package" means the participant's benefits
9outside of the participant's basic wage including earned sick
10time, paid vacation, health insurance, and a 401K.
11 "Certificate" means the tax credit certificate issued by
12the Department under Section 45 of this Act.
13 "Certificate of eligibility" means the certificate issued
14by the Department under Section 25 of this Act.
15 "Credit" means the amount awarded by the Department to an
16applicant by issuance of a certificate under Section 30 of this
17Act for each participant hired.
18 "Department" means the Department of Employment Security.
19 "Director" means the Director of Employment Security.
20 "Full-time employee" means a individual who has a position
21under union contract or is employed for a basic wage for at
22least 35 hours each week and receives a benefits package as
23compensation.
24 "Incentive period" means the period from July 1, 2019
25through June 30, 2024.
26 "Noncompliance date" means, in the case of an applicant

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1that is not complying with the requirements of the provisions
2of this Act, the day following the last date upon which the
3taxpayer was in compliance with the requirements of the
4provisions of this Act, as determined by the Director, pursuant
5to Section 55 of this Act.
6 "Participant" means a full-time employee who:
7 (1) was unemployed or making less than the basic wage
8 referred to in this Section before being hired by an
9 applicant;
10 (2) was formerly incarcerated between January 1, 2009
11 and December 31, 2019;
12 (3) is registered for the pilot program described in
13 Section 20; and
14 (4) is subsequently hired during the incentive period
15 by an applicant for a position under union contract or for
16 a position that offers a basic wage and benefits package as
17 compensation.
18 The term "participant" does not include a person who was
19previously employed in this State by the applicant prior to the
20onset of the incentive period if:
21 (1) the position was under union contract;
22 (2) the position provided a basic wage and benefits
23 package as compensation; or
24 (3) the participant is a related member of the
25 applicant that has more than 50 total employees.
26 "Professional Employer Organization" (PEO) shall have the

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1same meaning as defined in Section 5-5 of the Economic
2Development for a Growing Economy Tax Credit Act. As used in
3this Section, "Professional Employer Organization" does not
4include a day and temporary labor service agency regulated
5under the Day and Temporary Labor Services Act.
6 Section 15. Powers of the Department. The Department, in
7addition to those powers granted under the Civil Administrative
8Code of Illinois, is granted and shall have all the powers
9necessary or convenient to carry out and effectuate the
10purposes and provisions of this Act, including, but not limited
11to, power and authority to:
12 (1) promulgate procedures, rules, or regulations
13 deemed necessary and appropriate for the administration of
14 this Act; establish forms for applications, notifications,
15 contracts, or any other agreements; and accept
16 applications at any time during the year and require that
17 all applications be submitted via the Internet. The
18 Department shall require that applications be submitted in
19 electronic form;
20 (2) provide guidance and assistance to an applicant
21 pursuant to the provisions of this Act, and cooperate with
22 applicants to promote, foster, and support job creation
23 within the State;
24 (3) enter into agreements and memoranda of
25 understanding for participation of and engage in

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1 cooperation with agencies of the federal government, units
2 of local government, universities, research foundations or
3 institutions, regional economic development corporations,
4 or other organizations for the purposes of this Act;
5 (4) gather information and conduct inquiries, in the
6 manner and by the methods it deems desirable, including,
7 but not limited to, gathering information with respect to
8 applicants for the purpose of making any designations or
9 certifications necessary or desirable or to gather
10 information in furtherance of the purposes of this Act;
11 (5) establish, negotiate, and effectuate any term,
12 agreement, or other document with any person necessary or
13 appropriate to accomplish the purposes of this Act; and
14 consent, subject to the provisions of any agreement with
15 another party, to the modification or restructuring of any
16 agreement to which the Department is a party;
17 (6) provide for sufficient personnel to permit
18 administration, staffing, operation, and related support
19 required to adequately discharge its duties and
20 responsibilities described in this Act from funds made
21 available through charges to applicants or from funds as
22 may be appropriated by the General Assembly for the
23 administration of this Act;
24 (7) require applicants, upon written request, to issue
25 any necessary authorization to the appropriate federal,
26 State, or local authority or any other person for the

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1 release to the Department of information requested by the
2 Department, with the information requested to include, but
3 not limited to, financial reports, returns, or records
4 relating to the applicant or to the amount of credit
5 allowable under this Act;
6 (8) require that an applicant shall, at all times, keep
7 proper books of record and account in accordance with
8 generally accepted accounting principles consistently
9 applied with the books, records, or papers related to the
10 agreement in the custody or control of the applicant open
11 for reasonable Department inspection and audits, and
12 including, but not limited to, the making of copies of the
13 books, records, or papers; and
14 (9) take whatever actions are necessary or appropriate
15 to protect the State's interest in the event of bankruptcy,
16 default, foreclosure, or noncompliance with the terms and
17 conditions of financial assistance or participation
18 required under this Act, including the power to sell,
19 dispose of, lease, or rent, upon terms and conditions
20 determined by the Director to be appropriate, real or
21 personal property that the Department may recover as a
22 result of these actions.
23 Section 20. Pilot Program.
24 (a) The tax credit shall only apply to up to 20,000
25participants for the duration of the incentive period.

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1 A maximum of 10,000 participants shall be newly
2 released from prison.
3 A maximum of 10,000 participants shall be released from
4 prison between January 1, 2009 and December 31, 2019.
5 (b) The Department shall maintain a database of all
6participants for the duration of the incentive period.
7 (1) Eligible individuals shall register as
8 participants with the Department by May 31, 2020.
9 (2) The Department shall verify individuals'
10 eligibility to participate in the program by checking the
11 employment and incarceration history.
12 (3) The Department shall mail a written letter
13 containing a denial or confirmation of the individual's
14 eligibility to participate in the program to the primary
15 address of the individual.
16 (A) The denial letter shall state the reason why
17 the individual is being denied.
18 (B) The confirmation letter shall state the
19 identifying number assigned to the individual.
20 (c) The Department shall maintain a record of the
21participants and the corresponding applicant.
22 (1) Each applicant shall, on a quarterly basis starting
23 from receipt of the certificate of eligibility for the tax
24 credit, submit an annual report of employment of
25 participants to remain in good standing to receive the tax
26 credit.

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1 (2) The reports shall be submitted in the form and
2 manner required by the Department.
3 Section 25. Certificate of eligibility for tax credit.
4 (a) An applicant that has hired a participant during the
5incentive period may apply for a certificate of eligibility for
6the credit with respect to that position on or after the date
7of hire of the participant. The date of hire shall be the first
8day on which the participant begins providing services under a
9union contract or for a basic wage and benefits package as
10compensation.
11 (b) An applicant may apply for a certificate of eligibility
12for the credit for more than one participant on or after the
13date of hire of each qualifying participant.
14 (c) After receipt of an application under this Section, the
15Department shall issue a certificate of eligibility to the
16applicant, stating:
17 (1) the date and time on which the application was
18 received by the Department and an identifying number
19 assigned to the applicant by the Department;
20 (2) the maximum amount of the credit the applicant
21 could potentially receive under this Act with respect to
22 the new employees listed on the application; and
23 (3) the maximum amount of the credit potentially
24 allowable on certificates of eligibility issued for
25 applications received prior to the application for which

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1 the certificate of eligibility is issued.
2 (d) After the initial certificate of eligibility, the
3applicant must submit a quarterly report of employment of all
4participants to the Department. The Department shall review the
5report and issue an annual certificate of eligibility by April
615 of each taxable year to the applicant.
7 Section 30. Tax credit.
8 (a) Subject to the conditions set forth in this Act, an
9applicant is entitled to a credit against payment of taxes
10withheld under Section 704A of the Illinois Income Tax Act for
11participants as described in Section 20.
12 (b) The credit shall be allowed as a credit to an applicant
13for each participant hired during the incentive period that
14results in a net increase in full-time Illinois employees,
15where the net increase in the employer's full-time Illinois
16employees is maintained for at least 24 months.
17 (c) The Department shall make credit awards under this Act
18to further job creation.
19 (d) The credit shall be claimed for the second calendar
20year ending on or after the date on which the certificate is
21issued by the Department and each year thereafter during the
22incentive period as long as the participant's employment with
23the applicant is maintained.
24 (e) The credit shall not be less than $10,000 and shall not
25exceed $15,000 each year per participant hired.

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1 (f) The net increase in full-time Illinois employees,
2measured on an annual full-time equivalent basis, shall be the
3total number of full-time Illinois employees of the applicant
4on the final day of the incentive period, minus the number of
5full-time Illinois employees employed by the employer on the
6first day of that same incentive period. For purposes of the
7calculation, an employer that begins doing business in this
8State during the incentive period, as determined by the
9Director, shall be treated as having zero Illinois employees on
10the first day of the incentive period.
11 (g) The net increase in the number of full-time Illinois
12employees of the applicant under subsection (e) must be
13sustained continuously for at least 24 months, starting with
14the date of hire of a participant during the incentive period.
15 (h) The Department shall promulgate rules to enable an
16applicant for which a PEO has been contracted to issue W-2s and
17make payment of taxes withheld under Section 704A of the
18Illinois Income Tax Act for new employees to retain the benefit
19of tax credits to which the applicant is otherwise entitled
20under this Act.
21 Section 35. Determination of Amount of the Credit. In
22determining the amount of the credit that should be awarded,
23the Department shall take into consideration the following
24factors:
25 (1) the type of service provided;

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1 (2) the skill-level, education and expertise required
2 to provide the service;
3 (3) the benefits package offered by the applicant;
4 (4) the amount of training provided by the applicant;
5 and
6 (5) opportunities for wage increases and promotions.
7 Section 40. Maximum amount of credits allowed. To the
8extent authorized by Section 30 of this Act, for taxable years
9beginning on or after January 1, 2020 through December 31,
102025, the Department shall limit the monetary amount of credits
11awarded under this Act to no more than $1,500,000,000. If
12applications for a greater amount are received, credits shall
13be allowed on a first-come-first-served basis, based on the
14date on which each properly completed application for a
15certificate of eligibility is received by the Department. If
16more than one certificate of eligibility is received on the
17same day, the credits will be awarded based on the time of
18submission for that particular day.
19 Section 45. Application for award of tax credit; tax credit
20certificate.
21 (a) On or after the conclusion of the 24-month period after
22a participant has been hired, an applicant shall file with the
23Department an application for award of a credit. The
24application shall include the following:

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1 (1) the names, social security numbers, job
2 descriptions, salary or wage rates, and dates of hire of
3 the participants with respect to whom the credit is being
4 requested, and whether each participant is registered in
5 the pilot program described in Section 20;
6 (2) a certification that each participant listed has
7 been retained on the job for 24 months from the date of
8 hire;
9 (3) the number of participants hired by the applicant
10 during the incentive period;
11 (4) the net increase in the number of full-time
12 Illinois employees of the applicant, including the
13 participants listed in the request, between the beginning
14 of the incentive period and the dates on which the
15 participants listed in the request were hired;
16 (5) an agreement that the Director is authorized to
17 verify with the appropriate State agencies the information
18 contained in the request before issuing a certificate to
19 the applicant; and
20 (6) any other information the Department determines to
21 be appropriate.
22 (b) Although an application may be filed at any time after
23the conclusion of the 24-month period, an application filed
24more than 90 days after the earliest date on which it could
25have been filed shall not be awarded any credit if, prior to
26the date it is filed, the Department has received applications

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1under this Section for credits totaling more than
2$1,500,000,000.
3 (c) The Department shall issue a certificate to each
4applicant awarded a credit under this Act. The certificate
5shall include the following:
6 (1) the name and taxpayer identification number of the
7 applicant;
8 (2) the date on which the certificate is issued;
9 (3) the credit amount that will be allowed; and
10 (4) any other information the Department determines to
11 be appropriate.
12 Section 50. Submission of tax credit certificate to
13Department of Revenue. An applicant claiming a credit under
14this Act shall submit to the Department of Revenue a copy of
15each certificate issued under Section 45 of this Act with the
16first return for which the credit shown on the certificate is
17claimed. Failure to submit a copy of the certificate with the
18applicant's return shall not invalidate a claim for a credit.
19 Section 55. Noncompliance. If the Director determines that
20an applicant who has received a credit under this Act is not
21complying with the requirements of the provisions of this Act,
22the Director shall provide notice to the applicant of the
23alleged noncompliance, and allow the taxpayer a hearing under
24the provisions of the Illinois Administrative Procedure Act.

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1If, after such notice and any hearing, the Director determines
2that noncompliance exists, the Director shall issue to the
3Department of Revenue notice to that effect stating the
4noncompliance date.
5 Section 60. Rules. The Department may adopt rules necessary
6to implement this Act. The rules may provide for recipients of
7credits under this Act to be charged fees to cover
8administrative costs of the tax credit program.
9 Section 65. Elimination of mandatory minimums in
10sentencing. The cost savings from this Section shall be
11directly applied to fund the pilot program described in Section
1225.
13 Section 70. Applicability. This Act applies to offenses
14committed before the effective date of this Act, and to
15offenses committed on or after the effective date.
16 A person currently serving a sentence for a conviction,
17whether by trial or plea, of a felony or felonies who would
18have been guilty of a misdemeanor or lesser felony
19classification under this Act had the Act been in effect at the
20time of the offense may petition the trial court that entered
21the judgment of conviction in his or her case to request
22resentencing in accordance with this Act. A person who is
23resentenced shall be given credit for time served. Under no

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1circumstances may resentencing result in the imposition of a
2term longer than the original sentence.
3 Section 75. Repeal. This Act is repealed December 31, 2027.
4 Section 905. The Unified Code of Corrections is amended by
5changing Sections 5-4.5-15, 5-4.5-25, 5-4.5-30, 5-4.5-35,
65-4.5-40, 5-4.5-45, 5-4.5-50, 5-4.5-85, and 5-4.5-95 as
7follows:
8 (730 ILCS 5/5-4.5-15)
9 Sec. 5-4.5-15. DISPOSITIONS.
10 (a) APPROPRIATE DISPOSITIONS. The following are
11appropriate dispositions, alone or in combination, for all
12felonies and misdemeanors other than as provided in Section
135-5-3 (730 ILCS 5/5-5-3) or as specifically provided in the
14statute defining the offense or elsewhere:
15 (1) A period of probation.
16 (2) A term of periodic imprisonment.
17 (3) A term of conditional discharge.
18 (4) A term of imprisonment.
19 (5) A fine.
20 (6) Restitution to the victim.
21 (7) Participation in an impact incarceration program.
22 (8) A term of imprisonment in combination with a term
23 of probation when the offender has been admitted into a

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1 drug court program.
2 (9) If the defendant is convicted of arson, aggravated
3 arson, residential arson, or place of worship arson, an
4 order directing the offender to reimburse the local
5 emergency response department for the costs of responding
6 to the fire that the offender was convicted of setting in
7 accordance with the Emergency Services Response
8 Reimbursement for Criminal Convictions Act.
9 (b) FINE; RESTITUTION; NOT SOLE DISPOSITION. A Neither a
10fine nor restitution may shall be the sole disposition for a
11Class 4 felony, and either or both may be imposed only in
12conjunction with another disposition.
13 (c) PAROLE; MANDATORY SUPERVISED RELEASE. Except when a
14term of natural life is imposed, every sentence includes a term
15in addition to the term of imprisonment. For those sentenced
16under the law in effect before February 1, 1978, that term is a
17parole term. For those sentenced on or after February 1, 1978,
18that term is a mandatory supervised release term.
19(Source: P.A. 95-1052, eff. 7-1-09; incorporates P.A. 96-400,
20eff. 8-13-09; 96-1000, eff. 7-2-10.)
21 (730 ILCS 5/5-4.5-25)
22 Sec. 5-4.5-25. CLASS X FELONIES; SENTENCE. For a Class X
23felony:
24 (a) TERM. The sentence of imprisonment shall be a
25determinate sentence of not less than 6 years and not more than

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130 years. The sentence of imprisonment for an extended term
2Class X felony, as provided in Section 5-8-2 (730 ILCS
35/5-8-2), shall be not less than 30 years and not more than 60
4years.
5 (b) PERIODIC IMPRISONMENT. A term of periodic imprisonment
6shall not be imposed.
7 (c) IMPACT INCARCERATION. The impact incarceration program
8or the county impact incarceration program is not an authorized
9disposition.
10 (d) PROBATION; CONDITIONAL DISCHARGE. A period of
11probation or conditional discharge shall not be imposed.
12 (e) FINE. Fines may be imposed as provided in Section
135-4.5-50(b) (730 ILCS 5/5-4.5-50(b)).
14 (f) RESTITUTION. See Section 5-5-6 (730 ILCS 5/5-5-6)
15concerning restitution.
16 (g) CONCURRENT OR CONSECUTIVE SENTENCE. The sentence shall
17be concurrent or consecutive as provided in Section 5-8-4 (730
18ILCS 5/5-8-4) and Section 5-4.5-50 (730 ILCS 5/5-4.5-50).
19 (h) DRUG COURT. See Section 20 of the Drug Court Treatment
20Act (730 ILCS 166/20) concerning eligibility for a drug court
21program.
22 (i) CREDIT FOR HOME DETENTION. See Section 5-4.5-100 (730
23ILCS 5/5-4.5-100) concerning no credit for time spent in home
24detention prior to judgment.
25 (j) SENTENCE CREDIT. See Section 3-6-3 (730 ILCS 5/3-6-3)
26for rules and regulations for sentence credit.

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1 (k) ELECTRONIC MONITORING AND HOME DETENTION. See Section
25-8A-3 (730 ILCS 5/5-8A-3) concerning eligibility for
3electronic monitoring and home detention.
4 (l) PAROLE; MANDATORY SUPERVISED RELEASE. Except as
5provided in Section 3-3-8 or 5-8-1 (730 ILCS 5/3-3-8 or
65/5-8-1), the parole or mandatory supervised release term shall
7be 3 years upon release from imprisonment.
8(Source: P.A. 100-431, eff. 8-25-17.)
9 (730 ILCS 5/5-4.5-30)
10 Sec. 5-4.5-30. CLASS 1 FELONIES; SENTENCE. For a Class 1
11felony:
12 (a) TERM. The sentence of imprisonment, other than for
13second degree murder, shall be a determinate sentence of not
14less than 4 years and not more than 15 years. The sentence of
15imprisonment for second degree murder shall be a determinate
16sentence of not less than 4 years and not more than 20 years.
17The sentence of imprisonment for an extended term Class 1
18felony, as provided in Section 5-8-2 (730 ILCS 5/5-8-2), shall
19be a term not less than 15 years and not more than 30 years.
20 (b) PERIODIC IMPRISONMENT. A sentence of periodic
21imprisonment shall be for a definite term of from 3 to 4 years,
22except as otherwise provided in Section 5-5-3 or 5-7-1 (730
23ILCS 5/5-5-3 or 5/5-7-1).
24 (c) IMPACT INCARCERATION. See Sections 5-8-1.1 and 5-8-1.2
25(730 ILCS 5/5-8-1.1 and 5/5-8-1.2) concerning eligibility for

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1the impact incarceration program or the county impact
2incarceration program.
3 (d) PROBATION; CONDITIONAL DISCHARGE. Except as provided
4in Section 5-5-3 or 5-6-2 (730 ILCS 5/5-5-3 or 5/5-6-2), the
5period of probation or conditional discharge shall not exceed 4
6years. The court shall specify the conditions of probation or
7conditional discharge as set forth in Section 5-6-3 (730 ILCS
85/5-6-3). In no case shall an offender be eligible for a
9disposition of probation or conditional discharge for a Class 1
10felony committed while he or she was serving a term of
11probation or conditional discharge for a felony.
12 (e) FINE. Fines may be imposed as provided in Section
135-4.5-50(b) (730 ILCS 5/5-4.5-50(b)).
14 (f) RESTITUTION. See Section 5-5-6 (730 ILCS 5/5-5-6)
15concerning restitution.
16 (g) CONCURRENT OR CONSECUTIVE SENTENCE. The sentence shall
17be concurrent or consecutive as provided in Section 5-8-4 (730
18ILCS 5/5-8-4) and Section 5-4.5-50 (730 ILCS 5/5-4.5-50).
19 (h) DRUG COURT. See Section 20 of the Drug Court Treatment
20Act (730 ILCS 166/20) concerning eligibility for a drug court
21program.
22 (i) CREDIT FOR HOME DETENTION. See Section 5-4.5-100 (730
23ILCS 5/5-4.5-100) concerning credit for time spent in home
24detention prior to judgment.
25 (j) SENTENCE CREDIT. See Section 3-6-3 of this Code (730
26ILCS 5/3-6-3) or the County Jail Good Behavior Allowance Act

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1(730 ILCS 130/) for rules and regulations for sentence credit.
2 (k) ELECTRONIC MONITORING AND HOME DETENTION. See Section
35-8A-3 (730 ILCS 5/5-8A-3) concerning eligibility for
4electronic monitoring and home detention.
5 (l) PAROLE; MANDATORY SUPERVISED RELEASE. Except as
6provided in Section 3-3-8 or 5-8-1 (730 ILCS 5/3-3-8 or
75/5-8-1), the parole or mandatory supervised release term shall
8be 2 years upon release from imprisonment.
9(Source: P.A. 100-431, eff. 8-25-17.)
10 (730 ILCS 5/5-4.5-35)
11 Sec. 5-4.5-35. CLASS 2 FELONIES; SENTENCE. For a Class 2
12felony:
13 (a) TERM. The sentence of imprisonment shall be a
14determinate sentence of not less than 3 years and not more than
157 years. The sentence of imprisonment for an extended term
16Class 2 felony, as provided in Section 5-8-2 (730 ILCS
175/5-8-2), shall be a term not less than 7 years and not more
18than 14 years.
19 (b) PERIODIC IMPRISONMENT. A sentence of periodic
20imprisonment shall be for a definite term of from 18 to 30
21months, except as otherwise provided in Section 5-5-3 or 5-7-1
22(730 ILCS 5/5-5-3 or 5/5-7-1).
23 (c) IMPACT INCARCERATION. See Sections 5-8-1.1 and 5-8-1.2
24(730 ILCS 5/5-8-1.1 and 5/5-8-1.2) concerning eligibility for
25the impact incarceration program or the county impact

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1incarceration program.
2 (d) PROBATION; CONDITIONAL DISCHARGE. Except as provided
3in Section 5-5-3 or 5-6-2 (730 ILCS 5/5-5-3 or 5/5-6-2), the
4period of probation or conditional discharge shall not exceed 4
5years. The court shall specify the conditions of probation or
6conditional discharge as set forth in Section 5-6-3 (730 ILCS
75/5-6-3).
8 (e) FINE. Fines may be imposed as provided in Section
95-4.5-50(b) (730 ILCS 5/5-4.5-50(b)).
10 (f) RESTITUTION. See Section 5-5-6 (730 ILCS 5/5-5-6)
11concerning restitution.
12 (g) CONCURRENT OR CONSECUTIVE SENTENCE. The sentence shall
13be concurrent or consecutive as provided in Section 5-8-4 (730
14ILCS 5/5-8-4) and Section 5-4.5-50 (730 ILCS 5/5-4.5-50).
15 (h) DRUG COURT. See Section 20 of the Drug Court Treatment
16Act (730 ILCS 166/20) concerning eligibility for a drug court
17program.
18 (i) CREDIT FOR HOME DETENTION. See Section 5-4.5-100 (730
19ILCS 5/5-4.5-100) concerning credit for time spent in home
20detention prior to judgment.
21 (j) SENTENCE CREDIT. See Section 3-6-3 of this Code (730
22ILCS 5/3-6-3) or the County Jail Good Behavior Allowance Act
23(730 ILCS 130/) for rules and regulations for sentence credit.
24 (k) ELECTRONIC MONITORING AND HOME DETENTION. See Section
255-8A-3 (730 ILCS 5/5-8A-3) concerning eligibility for
26electronic monitoring and home detention.

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1 (l) PAROLE; MANDATORY SUPERVISED RELEASE. Except as
2provided in Section 3-3-8 or 5-8-1 (730 ILCS 5/3-3-8 or
35/5-8-1), the parole or mandatory supervised release term shall
4be 2 years upon release from imprisonment.
5(Source: P.A. 100-431, eff. 8-25-17.)
6 (730 ILCS 5/5-4.5-40)
7 Sec. 5-4.5-40. CLASS 3 FELONIES; SENTENCE. For a Class 3
8felony:
9 (a) TERM. The sentence of imprisonment shall be a
10determinate sentence of not less than 2 years and not more than
115 years. The sentence of imprisonment for an extended term
12Class 3 felony, as provided in Section 5-8-2 (730 ILCS
135/5-8-2), shall be a term not less than 5 years and not more
14than 10 years.
15 (b) PERIODIC IMPRISONMENT. A sentence of periodic
16imprisonment shall be for a definite term of up to 18 months,
17except as otherwise provided in Section 5-5-3 or 5-7-1 (730
18ILCS 5/5-5-3 or 5/5-7-1).
19 (c) IMPACT INCARCERATION. See Sections 5-8-1.1 and 5-8-1.2
20(730 ILCS 5/5-8-1.1 and 5/5-8-1.2) concerning eligibility for
21the impact incarceration program or the county impact
22incarceration program.
23 (d) PROBATION; CONDITIONAL DISCHARGE. Except as provided
24in Section 5-5-3 or 5-6-2 (730 ILCS 5/5-5-3 or 5/5-6-2), the
25period of probation or conditional discharge shall not exceed

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130 months. The court shall specify the conditions of probation
2or conditional discharge as set forth in Section 5-6-3 (730
3ILCS 5/5-6-3).
4 (e) FINE. Fines may be imposed as provided in Section
55-4.5-50(b) (730 ILCS 5/5-4.5-50(b)).
6 (f) RESTITUTION. See Section 5-5-6 (730 ILCS 5/5-5-6)
7concerning restitution.
8 (g) CONCURRENT OR CONSECUTIVE SENTENCE. The sentence shall
9be concurrent or consecutive as provided in Section 5-8-4 (730
10ILCS 5/5-8-4) and Section 5-4.5-50 (730 ILCS 5/5-4.5-50).
11 (h) DRUG COURT. See Section 20 of the Drug Court Treatment
12Act (730 ILCS 166/20) concerning eligibility for a drug court
13program.
14 (i) CREDIT FOR HOME DETENTION. See Section 5-4.5-100 (730
15ILCS 5/5-4.5-100) concerning credit for time spent in home
16detention prior to judgment.
17 (j) SENTENCE CREDIT. See Section 3-6-3 of this Code (730
18ILCS 5/3-6-3) or the County Jail Good Behavior Allowance Act
19(730 ILCS 130/) for rules and regulations for sentence credit.
20 (k) ELECTRONIC MONITORING AND HOME DETENTION. See Section
215-8A-3 (730 ILCS 5/5-8A-3) concerning eligibility for
22electronic monitoring and home detention.
23 (l) PAROLE; MANDATORY SUPERVISED RELEASE. Except as
24provided in Section 3-3-8 or 5-8-1 (730 ILCS 5/3-3-8 or
255/5-8-1), the parole or mandatory supervised release term shall
26be one year upon release from imprisonment.

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1(Source: P.A. 100-431, eff. 8-25-17.)
2 (730 ILCS 5/5-4.5-45)
3 Sec. 5-4.5-45. CLASS 4 FELONIES; SENTENCE. For a Class 4
4felony:
5 (a) TERM. The sentence of imprisonment shall be a
6determinate sentence of not less than one year and not more
7than 3 years. The sentence of imprisonment for an extended term
8Class 4 felony, as provided in Section 5-8-2 (730 ILCS
95/5-8-2), shall be a term not less than 3 years and not more
10than 6 years.
11 (b) PERIODIC IMPRISONMENT. A sentence of periodic
12imprisonment shall be for a definite term of up to 18 months,
13except as otherwise provided in Section 5-5-3 or 5-7-1 (730
14ILCS 5/5-5-3 or 5/5-7-1).
15 (c) IMPACT INCARCERATION. See Sections 5-8-1.1 and 5-8-1.2
16(730 ILCS 5/5-8-1.1 and 5/5-8-1.2) concerning eligibility for
17the impact incarceration program or the county impact
18incarceration program.
19 (d) PROBATION; CONDITIONAL DISCHARGE. Except as provided
20in Section 5-5-3 or 5-6-2 (730 ILCS 5/5-5-3 or 5/5-6-2), the
21period of probation or conditional discharge shall not exceed
2230 months. The court shall specify the conditions of probation
23or conditional discharge as set forth in Section 5-6-3 (730
24ILCS 5/5-6-3).
25 (e) FINE. Fines may be imposed as provided in Section

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15-4.5-50(b) (730 ILCS 5/5-4.5-50(b)).
2 (f) RESTITUTION. See Section 5-5-6 (730 ILCS 5/5-5-6)
3concerning restitution.
4 (g) CONCURRENT OR CONSECUTIVE SENTENCE. The sentence shall
5be concurrent or consecutive as provided in Section 5-8-4 (730
6ILCS 5/5-8-4) and Section 5-4.5-50 (730 ILCS 5/5-4.5-50).
7 (h) DRUG COURT. See Section 20 of the Drug Court Treatment
8Act (730 ILCS 166/20) concerning eligibility for a drug court
9program.
10 (i) CREDIT FOR HOME DETENTION. See Section 5-4.5-100 (730
11ILCS 5/5-4.5-100) concerning credit for time spent in home
12detention prior to judgment.
13 (j) SENTENCE CREDIT. See Section 3-6-3 of this Code (730
14ILCS 5/3-6-3) or the County Jail Good Behavior Allowance Act
15(730 ILCS 130/) for rules and regulations for sentence credit.
16 (k) ELECTRONIC MONITORING AND HOME DETENTION. See Section
175-8A-3 (730 ILCS 5/5-8A-3) concerning eligibility for
18electronic monitoring and home detention.
19 (l) PAROLE; MANDATORY SUPERVISED RELEASE. Except as
20provided in Section 3-3-8 or 5-8-1 (730 ILCS 5/3-3-8 or
215/5-8-1), the parole or mandatory supervised release term shall
22be one year upon release from imprisonment.
23(Source: P.A. 100-431, eff. 8-25-17.)
24 (730 ILCS 5/5-4.5-50)
25 (Text of Section before amendment by P.A. 100-987 and

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1100-1161)
2 Sec. 5-4.5-50. SENTENCE PROVISIONS; ALL FELONIES. Except
3as otherwise provided, for all felonies:
4 (a) NO SUPERVISION. The court, upon a plea of guilty or a
5stipulation by the defendant of the facts supporting the charge
6or a finding of guilt, may not defer further proceedings and
7the imposition of a sentence and may not enter an order for
8supervision of the defendant.
9 (b) FELONY FINES. An offender may be sentenced to pay a
10fine not to exceed, for each offense, $25,000 or the amount
11specified in the offense, whichever is greater, or if the
12offender is a corporation, $50,000 or the amount specified in
13the offense, whichever is greater. A fine may be imposed in
14addition to a sentence of conditional discharge, probation,
15periodic imprisonment, or imprisonment. See Article 9 of
16Chapter V (730 ILCS 5/Ch. V, Art. 9) for imposition of
17additional amounts and determination of amounts and payment.
18The court shall consider the offender's financial
19circumstances and ability to pay before and after imprisonment
20before assessing any fine.
21 (c) REASONS FOR SENTENCE STATED. The sentencing judge in
22each felony conviction shall set forth his or her reasons for
23imposing the particular sentence entered in the case, as
24provided in Section 5-4-1 (730 ILCS 5/5-4-1). Those reasons may
25include any mitigating or aggravating factors specified in this
26Code, or the lack of any such factors, as well as any other

HB3120- 27 -LRB101 08963 HLH 54054 b
1mitigating or aggravating factors that the judge sets forth on
2the record that are consistent with the purposes and principles
3of sentencing set out in this Code.
4 (d) MOTION TO REDUCE SENTENCE. A motion to reduce a
5sentence may be made, or the court may reduce a sentence
6without motion, within 30 days after the sentence is imposed. A
7defendant's challenge to the correctness of a sentence or to
8any aspect of the sentencing hearing shall be made by a written
9motion filed with the circuit court clerk within 30 days
10following the imposition of sentence. A motion not filed within
11that 30-day period is not timely. The court may not increase a
12sentence once it is imposed. A notice of motion must be filed
13with the motion. The notice of motion shall set the motion on
14the court's calendar on a date certain within a reasonable time
15after the date of filing.
16 If a motion filed pursuant to this subsection is timely
17filed, the proponent of the motion shall exercise due diligence
18in seeking a determination on the motion and the court shall
19thereafter decide the motion within a reasonable time.
20 If a motion filed pursuant to this subsection is timely
21filed, then for purposes of perfecting an appeal, a final
22judgment is not considered to have been entered until the
23motion to reduce the sentence has been decided by order entered
24by the trial court.
25 (e) CONCURRENT SENTENCE; PREVIOUS UNEXPIRED FEDERAL OR
26OTHER-STATE SENTENCE. A defendant who has a previous and

HB3120- 28 -LRB101 08963 HLH 54054 b
1unexpired sentence of imprisonment imposed by another state or
2by any district court of the United States and who, after
3sentence for a crime in Illinois, must return to serve the
4unexpired prior sentence may have his or her sentence by the
5Illinois court ordered to be concurrent with the prior
6other-state or federal sentence. The court may order that any
7time served on the unexpired portion of the other-state or
8federal sentence, prior to his or her return to Illinois, shall
9be credited on his or her Illinois sentence. The appropriate
10official of the other state or the United States shall be
11furnished with a copy of the order imposing sentence, which
12shall provide that, when the offender is released from
13other-state or federal confinement, whether by parole or by
14termination of sentence, the offender shall be transferred by
15the Sheriff of the committing Illinois county to the Illinois
16Department of Corrections. The court shall cause the Department
17of Corrections to be notified of the sentence at the time of
18commitment and to be provided with copies of all records
19regarding the sentence.
20 (f) REDUCTION; PREVIOUS UNEXPIRED ILLINOIS SENTENCE. A
21defendant who has a previous and unexpired sentence of
22imprisonment imposed by an Illinois circuit court for a crime
23in this State and who is subsequently sentenced to a term of
24imprisonment by another state or by any district court of the
25United States and who has served a term of imprisonment imposed
26by the other state or district court of the United States, and

HB3120- 29 -LRB101 08963 HLH 54054 b
1must return to serve the unexpired prior sentence imposed by
2the Illinois circuit court, may apply to the Illinois circuit
3court that imposed sentence to have his or her sentence
4reduced.
5 The circuit court may order that any time served on the
6sentence imposed by the other state or district court of the
7United States be credited on his or her Illinois sentence. The
8application for reduction of a sentence under this subsection
9shall be made within 30 days after the defendant has completed
10the sentence imposed by the other state or district court of
11the United States.
12 (g) NO REQUIRED BIRTH CONTROL. A court may not impose a
13sentence or disposition that requires the defendant to be
14implanted or injected with or to use any form of birth control.
15(Source: P.A. 95-1052, eff. 7-1-09.)
16 (Text of Section after amendment by P.A. 100-987 and
17100-1161)
18 Sec. 5-4.5-50. SENTENCE PROVISIONS; ALL FELONIES. Except
19as otherwise provided, for all felonies:
20 (a) NO SUPERVISION. The court, upon a plea of guilty or a
21stipulation by the defendant of the facts supporting the charge
22or a finding of guilt, may not defer further proceedings and
23the imposition of a sentence and may not enter an order for
24supervision of the defendant.
25 (b) FELONY FINES. Unless otherwise specified by law, the

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1minimum fine is $75. An offender may be sentenced to pay a fine
2not to exceed, for each offense, $25,000 or the amount
3specified in the offense, whichever is greater, or if the
4offender is a corporation, $50,000 or the amount specified in
5the offense, whichever is greater. A fine may be imposed in
6addition to a sentence of conditional discharge, probation,
7periodic imprisonment, or imprisonment. See Article 9 of
8Chapter V (730 ILCS 5/Ch. V, Art. 9) for imposition of
9additional amounts and determination of amounts and payment.
10The court shall consider the offender's financial
11circumstances and ability to pay before and after imprisonment
12before assessing any fine. If the court finds that the fine
13would impose an undue burden on the victim, the court may
14reduce or waive the fine.
15 (c) REASONS FOR SENTENCE STATED. The sentencing judge in
16each felony conviction shall set forth his or her reasons for
17imposing the particular sentence entered in the case, as
18provided in Section 5-4-1 (730 ILCS 5/5-4-1). Those reasons may
19include any mitigating or aggravating factors specified in this
20Code, or the lack of any such factors, as well as any other
21mitigating or aggravating factors that the judge sets forth on
22the record that are consistent with the purposes and principles
23of sentencing set out in this Code.
24 (d) MOTION TO REDUCE SENTENCE. A motion to reduce a
25sentence may be made, or the court may reduce a sentence
26without motion, within 30 days after the sentence is imposed. A

HB3120- 31 -LRB101 08963 HLH 54054 b
1defendant's challenge to the correctness of a sentence or to
2any aspect of the sentencing hearing shall be made by a written
3motion filed with the circuit court clerk within 30 days
4following the imposition of sentence. A motion not filed within
5that 30-day period is not timely. The court may not increase a
6sentence once it is imposed. A notice of motion must be filed
7with the motion. The notice of motion shall set the motion on
8the court's calendar on a date certain within a reasonable time
9after the date of filing.
10 If a motion filed pursuant to this subsection is timely
11filed, the proponent of the motion shall exercise due diligence
12in seeking a determination on the motion and the court shall
13thereafter decide the motion within a reasonable time.
14 If a motion filed pursuant to this subsection is timely
15filed, then for purposes of perfecting an appeal, a final
16judgment is not considered to have been entered until the
17motion to reduce the sentence has been decided by order entered
18by the trial court.
19 (e) CONCURRENT SENTENCE; PREVIOUS UNEXPIRED FEDERAL OR
20OTHER-STATE SENTENCE. A defendant who has a previous and
21unexpired sentence of imprisonment imposed by another state or
22by any district court of the United States and who, after
23sentence for a crime in Illinois, must return to serve the
24unexpired prior sentence may have his or her sentence by the
25Illinois court ordered to be concurrent with the prior
26other-state or federal sentence. The court may order that any

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1time served on the unexpired portion of the other-state or
2federal sentence, prior to his or her return to Illinois, shall
3be credited on his or her Illinois sentence. The appropriate
4official of the other state or the United States shall be
5furnished with a copy of the order imposing sentence, which
6shall provide that, when the offender is released from
7other-state or federal confinement, whether by parole or by
8termination of sentence, the offender shall be transferred by
9the Sheriff of the committing Illinois county to the Illinois
10Department of Corrections. The court shall cause the Department
11of Corrections to be notified of the sentence at the time of
12commitment and to be provided with copies of all records
13regarding the sentence.
14 (f) REDUCTION; PREVIOUS UNEXPIRED ILLINOIS SENTENCE. A
15defendant who has a previous and unexpired sentence of
16imprisonment imposed by an Illinois circuit court for a crime
17in this State and who is subsequently sentenced to a term of
18imprisonment by another state or by any district court of the
19United States and who has served a term of imprisonment imposed
20by the other state or district court of the United States, and
21must return to serve the unexpired prior sentence imposed by
22the Illinois circuit court, may apply to the Illinois circuit
23court that imposed sentence to have his or her sentence
24reduced.
25 The circuit court may order that any time served on the
26sentence imposed by the other state or district court of the

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1United States be credited on his or her Illinois sentence. The
2application for reduction of a sentence under this subsection
3shall be made within 30 days after the defendant has completed
4the sentence imposed by the other state or district court of
5the United States.
6 (g) NO REQUIRED BIRTH CONTROL. A court may not impose a
7sentence or disposition that requires the defendant to be
8implanted or injected with or to use any form of birth control.
9(Source: P.A. 100-987, eff. 7-1-19; 100-1161, eff. 7-1-19.)
10 (730 ILCS 5/5-4.5-85)
11 Sec. 5-4.5-85. UNCLASSIFIED OFFENSES; SENTENCE.
12 (a) FELONY. The particular classification of each felony is
13specified in the law defining the felony. Any unclassified
14offense that is declared by law to be a felony or that provides
15a sentence to a term of imprisonment for one year or more is a
16Class 4 felony.
17 (b) MISDEMEANOR. The particular classification of each
18misdemeanor is specified in the law or ordinance defining the
19misdemeanor.
20 (1) Any offense not so classified that provides a
21 sentence to a term of imprisonment of less than one year
22 but in excess of 6 months is a Class A misdemeanor.
23 (2) Any offense not so classified that provides a
24 sentence to a term of imprisonment of 6 months or less but
25 in excess of 30 days is a Class B misdemeanor.

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1 (3) Any offense not so classified that provides a
2 sentence to a term of imprisonment of 30 days or less is a
3 Class C misdemeanor.
4 (c) PETTY OR BUSINESS OFFENSE. Any unclassified offense
5that does not provide for a sentence of imprisonment is a petty
6offense or a business offense.
7(Source: P.A. 95-1052, eff. 7-1-09.)
8 (730 ILCS 5/5-4.5-95)
9 Sec. 5-4.5-95. GENERAL RECIDIVISM PROVISIONS.
10 (a) HABITUAL CRIMINALS.
11 (1) Every person who has been twice convicted in any
12 state or federal court of an offense that contains the same
13 elements as an offense now (the date of the offense
14 committed after the 2 prior convictions) classified in
15 Illinois as a Class X felony, criminal sexual assault,
16 aggravated kidnapping, or first degree murder, and who is
17 thereafter convicted of a Class X felony, criminal sexual
18 assault, or first degree murder, committed after the 2
19 prior convictions, shall be adjudged an habitual criminal.
20 (2) The 2 prior convictions need not have been for the
21 same offense.
22 (3) Any convictions that result from or are connected
23 with the same transaction, or result from offenses
24 committed at the same time, shall be counted for the
25 purposes of this Section as one conviction.

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1 (4) This Section does not apply unless each of the
2 following requirements are satisfied:
3 (A) The third offense was committed after July 3,
4 1980.
5 (B) The third offense was committed within 20 years
6 of the date that judgment was entered on the first
7 conviction; provided, however, that time spent in
8 custody shall not be counted.
9 (C) The third offense was committed after
10 conviction on the second offense.
11 (D) The second offense was committed after
12 conviction on the first offense.
13 (5) Anyone who, having attained the age of 18 at the
14 time of the third offense, is adjudged an habitual criminal
15 shall be sentenced to a term of natural life imprisonment.
16 (6) A prior conviction shall not be alleged in the
17 indictment, and no evidence or other disclosure of that
18 conviction shall be presented to the court or the jury
19 during the trial of an offense set forth in this Section
20 unless otherwise permitted by the issues properly raised in
21 that trial. After a plea or verdict or finding of guilty
22 and before sentence is imposed, the prosecutor may file
23 with the court a verified written statement signed by the
24 State's Attorney concerning any former conviction of an
25 offense set forth in this Section rendered against the
26 defendant. The court shall then cause the defendant to be

HB3120- 36 -LRB101 08963 HLH 54054 b
1 brought before it; shall inform the defendant of the
2 allegations of the statement so filed, and of his or her
3 right to a hearing before the court on the issue of that
4 former conviction and of his or her right to counsel at
5 that hearing; and unless the defendant admits such
6 conviction, shall hear and determine the issue, and shall
7 make a written finding thereon. If a sentence has
8 previously been imposed, the court may vacate that sentence
9 and impose a new sentence in accordance with this Section.
10 (7) A duly authenticated copy of the record of any
11 alleged former conviction of an offense set forth in this
12 Section shall be prima facie evidence of that former
13 conviction; and a duly authenticated copy of the record of
14 the defendant's final release or discharge from probation
15 granted, or from sentence and parole supervision (if any)
16 imposed pursuant to that former conviction, shall be prima
17 facie evidence of that release or discharge.
18 (8) Any claim that a previous conviction offered by the
19 prosecution is not a former conviction of an offense set
20 forth in this Section because of the existence of any
21 exceptions described in this Section, is waived unless duly
22 raised at the hearing on that conviction, or unless the
23 prosecution's proof shows the existence of the exceptions
24 described in this Section.
25 (9) If the person so convicted shows to the
26 satisfaction of the court before whom that conviction was

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1 had that he or she was released from imprisonment, upon
2 either of the sentences upon a pardon granted for the
3 reason that he or she was innocent, that conviction and
4 sentence shall not be considered under this Section.
5 (b) (Blank). When a defendant, over the age of 21 years, is
6convicted of a Class 1 or Class 2 felony, except for an offense
7listed in subsection (c) of this Section, after having twice
8been convicted in any state or federal court of an offense that
9contains the same elements as an offense now (the date the
10Class 1 or Class 2 felony was committed) classified in Illinois
11as a Class 2 or greater Class felony, except for an offense
12listed in subsection (c) of this Section, and those charges are
13separately brought and tried and arise out of different series
14of acts, that defendant shall be sentenced as a Class X
15offender. This subsection does not apply unless:
16 (1) the first felony was committed after February 1,
17 1978 (the effective date of Public Act 80-1099);
18 (2) the second felony was committed after conviction on
19 the first; and
20 (3) the third felony was committed after conviction on
21 the second.
22 (c) (Blank). Subsection (b) of this Section does not apply
23to Class 1 or Class 2 felony convictions for a violation of
24Section 16-1 of the Criminal Code of 2012.
25 A person sentenced as a Class X offender under this
26subsection (b) is not eligible to apply for treatment as a

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1condition of probation as provided by Section 40-10 of the
2Substance Use Disorder Act (20 ILCS 301/40-10).
3(Source: P.A. 99-69, eff. 1-1-16; 100-3, eff. 1-1-18; 100-759,
4eff. 1-1-19.)
5 Section 995. No acceleration or delay. Where this Act makes
6changes in a statute that is represented in this Act by text
7that is not yet or no longer in effect (for example, a Section
8represented by multiple versions), the use of that text does
9not accelerate or delay the taking effect of (i) the changes
10made by this Act or (ii) provisions derived from any other
11Public Act.
12 Section 999. Effective date. This Act takes effect upon
13becoming law.
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