Bill Text: IL HB3612 | 2021-2022 | 102nd General Assembly | Introduced


Bill Title: Amends the Counties Code. Amends the Juvenile Court Act of 1987. Amends the Criminal Code of 2012. Determines when a person is considered "armed with a dangerous weapon." Provides that a person is "armed with a dangerous weapon" when he or she carries or is armed with a Category I, Category II, or Category III weapon. Amends other sections to conform with the offense of "armed with a dangerous weapon". Provides that the forcible felonies to qualify for the offense of being an armed habitual criminal should be punishable as a Class 2 felony or higher. Removes the violation of the Illinois Controlled Substances Act or the Cannabis Control Act punishable as a Class 3 felony or higher as a qualifying offense for the offense of being an armed habitual criminal. Amends the Code of Criminal Procedure of 1963. Amends the Unified Code of Corrections. Makes other changes.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2021-03-27 - Rule 19(a) / Re-referred to Rules Committee [HB3612 Detail]

Download: Illinois-2021-HB3612-Introduced.html


102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB3612

Introduced , by Rep. Justin Slaughter

SYNOPSIS AS INTRODUCED:
See Index

Amends the Counties Code. Amends the Juvenile Court Act of 1987. Amends the Criminal Code of 2012. Determines when a person is considered "armed with a dangerous weapon." Provides that a person is "armed with a dangerous weapon" when he or she carries or is armed with a Category I, Category II, or Category III weapon. Amends other sections to conform with the offense of "armed with a dangerous weapon". Provides that the forcible felonies to qualify for the offense of being an armed habitual criminal should be punishable as a Class 2 felony or higher. Removes the violation of the Illinois Controlled Substances Act or the Cannabis Control Act punishable as a Class 3 felony or higher as a qualifying offense for the offense of being an armed habitual criminal. Amends the Code of Criminal Procedure of 1963. Amends the Unified Code of Corrections. Makes other changes.
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A BILL FOR

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1 AN ACT concerning criminal law.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The Counties Code is amended by changing
5Section 3-6039 as follows:
6 (55 ILCS 5/3-6039)
7 Sec. 3-6039. County juvenile impact incarceration program.
8 (a) With the approval of the county board, the Department
9of Probation and Court Services in any county shall have the
10power to operate a county juvenile impact incarceration
11program for eligible delinquent minors. If the court finds
12that a minor adjudicated a delinquent meets the eligibility
13requirements of this Section, the court may in its
14dispositional order approve the delinquent minor for placement
15in the county juvenile impact incarceration program
16conditioned upon his or her acceptance in the program by the
17Department of Probation and Court Services. The dispositional
18order also shall provide that if the Department of Probation
19and Court Services accepts the delinquent minor in the program
20and determines that the delinquent minor has successfully
21completed the county juvenile impact incarceration program,
22the delinquent minor's detention shall be reduced to time
23considered served upon certification to the court by the

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1Department of Probation and Court Services that the delinquent
2minor has successfully completed the program. If the
3delinquent minor is not accepted for placement in the county
4juvenile impact incarceration program or the delinquent minor
5does not successfully complete the program, his or her term of
6commitment shall be as set forth by the court in its
7dispositional order. If the delinquent minor does not
8successfully complete the program, time spent in the program
9does not count as time served against the time limits as set
10forth in subsection (f) of this Section.
11 (b) In order to be eligible to participate in the county
12juvenile impact incarceration program, the delinquent minor
13must meet all of the following requirements:
14 (1) The delinquent minor is at least 13 years of age.
15 (2) The act for which the minor is adjudicated
16 delinquent does not constitute a Class X felony, criminal
17 sexual assault, first degree murder, aggravated
18 kidnapping, second degree murder, armed violence, arson,
19 forcible detention, aggravated criminal sexual abuse or a
20 subsequent conviction for criminal sexual abuse.
21 (3) The delinquent minor has not previously
22 participated in a county juvenile impact incarceration
23 program and has not previously served a prior commitment
24 for an act constituting a felony in a Department of
25 Juvenile Justice juvenile correctional facility. This
26 provision shall not exclude a delinquent minor who is

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1 committed to the Illinois Department of Juvenile Justice
2 and is participating in the county juvenile impact
3 incarceration program under an intergovernmental
4 cooperation agreement with the Illinois Department of
5 Juvenile Justice.
6 (4) The delinquent minor is physically able to
7 participate in strenuous physical activities or labor.
8 (5) The delinquent minor does not have a mental
9 disorder or disability that would prevent participation in
10 the county juvenile impact incarceration program.
11 (6) The delinquent minor is recommended and approved
12 for placement in the county juvenile impact incarceration
13 program in the court's dispositional order.
14 The court and the Department of Probation and Court
15Services may also consider, among other matters, whether the
16delinquent minor has a history of escaping or absconding,
17whether participation in the county juvenile impact
18incarceration program may pose a risk to the safety or
19security of any person, and whether space is available.
20 (c) The county juvenile impact incarceration program shall
21include, among other matters, mandatory physical training and
22labor, military formation and drills, regimented activities,
23uniformity of dress and appearance, education and counseling,
24including drug counseling if appropriate, and must impart to
25the delinquent minor principles of honor, integrity,
26self-sufficiency, self-discipline, self-respect, and respect

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1for others.
2 (d) Privileges of delinquent minors participating in the
3county juvenile impact incarceration program, including
4visitation, commissary, receipt and retention of property and
5publications, and access to television, radio, and a library,
6may be suspended or restricted, at the discretion of the
7Department of Probation and Court Services.
8 (e) Delinquent minors participating in the county juvenile
9impact incarceration program shall adhere to all rules
10promulgated by the Department of Probation and Court Services
11and all requirements of the program. Delinquent minors shall
12be informed of rules of behavior and conduct. Disciplinary
13procedures required by any other law or county ordinance are
14not applicable.
15 (f) Participation in the county juvenile impact
16incarceration program by a minor adjudicated delinquent for an
17act constituting a misdemeanor shall be for a period of at
18least 7 days but less than 120 days as determined by the
19Department of Probation and Court Services. Participation in
20the county juvenile impact incarceration program by a minor
21adjudicated delinquent for an act constituting a felony shall
22be for a period of 120 to 180 days as determined by the
23Department of Probation and Court Services.
24 (g) A delinquent minor may be removed from the program for
25a violation of the terms or conditions of the program or if he
26or she is for any reason unable to participate. The Department

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1of Probation and Court Services shall promulgate rules
2governing conduct that could result in removal from the
3program or in a determination that the delinquent minor has
4not successfully completed the program. Delinquent minors
5shall have access to these rules. The rules shall provide that
6the delinquent minor shall receive notice and have the
7opportunity to appear before and address the Department of
8Probation and Court Services or a person appointed by the
9Department of Probation and Court Services for this purpose. A
10delinquent minor may be transferred to any juvenile facilities
11prior to the hearing.
12 (h) If the Department of Probation and Court Services
13accepts the delinquent minor in the program and determines
14that the delinquent minor has successfully completed the
15county juvenile impact incarceration program, the court shall
16discharge the minor from custody upon certification to the
17court by the Department of Probation and Court Services that
18the delinquent minor has successfully completed the program.
19In the event the delinquent minor is not accepted for
20placement in the county juvenile impact incarceration program
21or the delinquent minor does not successfully complete the
22program, his or her commitment to the Department of Juvenile
23Justice or juvenile detention shall be as set forth by the
24court in its dispositional order.
25 (i) The Department of Probation and Court Services, with
26the approval of the county board, shall have the power to enter

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1into intergovernmental cooperation agreements with the
2Illinois Department of Juvenile Justice under which delinquent
3minors committed to the Illinois Department of Juvenile
4Justice may participate in the county juvenile impact
5incarceration program. A delinquent minor who successfully
6completes the county juvenile impact incarceration program
7shall be discharged from custody upon certification to the
8court by the Illinois Department of Juvenile Justice that the
9delinquent minor has successfully completed the program.
10(Source: P.A. 94-696, eff. 6-1-06.)
11 Section 10. The Juvenile Court Act of 1987 is amended by
12changing Section 5-915 as follows:
13 (705 ILCS 405/5-915)
14 Sec. 5-915. Expungement of juvenile law enforcement and
15juvenile court records.
16 (0.05) (Blank).
17 (0.1) (a) The Department of State Police and all law
18enforcement agencies within the State shall automatically
19expunge, on or before January 1 of each year, all juvenile law
20enforcement records relating to events occurring before an
21individual's 18th birthday if:
22 (1) one year or more has elapsed since the date of the
23 arrest or law enforcement interaction documented in the
24 records;

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1 (2) no petition for delinquency or criminal charges
2 were filed with the clerk of the circuit court relating to
3 the arrest or law enforcement interaction documented in
4 the records; and
5 (3) 6 months have elapsed since the date of the arrest
6 without an additional subsequent arrest or filing of a
7 petition for delinquency or criminal charges whether
8 related or not to the arrest or law enforcement
9 interaction documented in the records.
10 (b) If the law enforcement agency is unable to verify
11satisfaction of conditions (2) and (3) of this subsection
12(0.1), records that satisfy condition (1) of this subsection
13(0.1) shall be automatically expunged if the records relate to
14an offense that if committed by an adult would not be an
15offense classified as Class 2 felony or higher, an offense
16under Article 11 of the Criminal Code of 1961 or Criminal Code
17of 2012, or an offense under Section 12-13, 12-14, 12-14.1,
1812-15, or 12-16 of the Criminal Code of 1961.
19 (0.15) If a juvenile law enforcement record meets
20paragraph (a) of subsection (0.1) of this Section, a juvenile
21law enforcement record created:
22 (1) prior to January 1, 2018, but on or after January
23 1, 2013 shall be automatically expunged prior to January
24 1, 2020;
25 (2) prior to January 1, 2013, but on or after January
26 1, 2000, shall be automatically expunged prior to January

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1 1, 2023; and
2 (3) prior to January 1, 2000 shall not be subject to
3 the automatic expungement provisions of this Act.
4Nothing in this subsection (0.15) shall be construed to
5restrict or modify an individual's right to have his or her
6juvenile law enforcement records expunged except as otherwise
7may be provided in this Act.
8 (0.2) (a) Upon dismissal of a petition alleging
9delinquency or upon a finding of not delinquent, the
10successful termination of an order of supervision, or the
11successful termination of an adjudication for an offense which
12would be a Class B misdemeanor, Class C misdemeanor, or a petty
13or business offense if committed by an adult, the court shall
14automatically order the expungement of the juvenile court
15records and juvenile law enforcement records. The clerk shall
16deliver a certified copy of the expungement order to the
17Department of State Police and the arresting agency. Upon
18request, the State's Attorney shall furnish the name of the
19arresting agency. The expungement shall be completed within 60
20business days after the receipt of the expungement order.
21 (b) If the chief law enforcement officer of the agency, or
22his or her designee, certifies in writing that certain
23information is needed for a pending investigation involving
24the commission of a felony, that information, and information
25identifying the juvenile, may be retained until the statute of
26limitations for the felony has run. If the chief law

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1enforcement officer of the agency, or his or her designee,
2certifies in writing that certain information is needed with
3respect to an internal investigation of any law enforcement
4office, that information and information identifying the
5juvenile may be retained within an intelligence file until the
6investigation is terminated or the disciplinary action,
7including appeals, has been completed, whichever is later.
8Retention of a portion of a juvenile's law enforcement record
9does not disqualify the remainder of his or her record from
10immediate automatic expungement.
11 (0.3) (a) Upon an adjudication of delinquency based on any
12offense except a disqualified offense, the juvenile court
13shall automatically order the expungement of the juvenile
14court and law enforcement records 2 years after the juvenile's
15case was closed if no delinquency or criminal proceeding is
16pending and the person has had no subsequent delinquency
17adjudication or criminal conviction. The clerk shall deliver a
18certified copy of the expungement order to the Department of
19State Police and the arresting agency. Upon request, the
20State's Attorney shall furnish the name of the arresting
21agency. The expungement shall be completed within 60 business
22days after the receipt of the expungement order. In this
23subsection (0.3), "disqualified offense" means any of the
24following offenses: Section 8-1.2, 9-1, 9-1.2, 9-2, 9-2.1,
259-3, 9-3.2, 10-1, 10-2, 10-3, 10-3.1, 10-4, 10-5, 10-9,
2611-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-6.5,

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112-2, 12-3.05, 12-3.3, 12-4.4a, 12-5.02, 12-6.2, 12-6.5,
212-7.1, 12-7.5, 12-20.5, 12-32, 12-33, 12-34, 12-34.5, 18-1,
318-2, 18-3, 18-4, 18-6, 19-3, 19-6, 20-1, 20-1.1, 24-1.2,
424-1.2-5, 24-1.5, 24-3A, 24-3B, 24-3.2, 24-3.8, 24-3.9,
529D-14.9, 29D-20, 30-1, 31-1a, or 32-4a, or 33A-2 of the
6Criminal Code of 2012, or subsection (b) of Section 8-1,
7paragraph (4) of subsection (a) of Section 11-14.4, subsection
8(a-5) of Section 12-3.1, paragraph (1), (2), or (3) of
9subsection (a) of Section 12-6, subsection (a-3) or (a-5) of
10Section 12-7.3, paragraph (1) or (2) of subsection (a) of
11Section 12-7.4, subparagraph (i) of paragraph (1) of
12subsection (a) of Section 12-9, subparagraph (H) of paragraph
13(3) of subsection (a) of Section 24-1.6, paragraph (1) of
14subsection (a) of Section 25-1, or subsection (a-7) of Section
1531-1 of the Criminal Code of 2012.
16 (b) If the chief law enforcement officer of the agency, or
17his or her designee, certifies in writing that certain
18information is needed for a pending investigation involving
19the commission of a felony, that information, and information
20identifying the juvenile, may be retained in an intelligence
21file until the investigation is terminated or for one
22additional year, whichever is sooner. Retention of a portion
23of a juvenile's juvenile law enforcement record does not
24disqualify the remainder of his or her record from immediate
25automatic expungement.
26 (0.4) Automatic expungement for the purposes of this

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1Section shall not require law enforcement agencies to
2obliterate or otherwise destroy juvenile law enforcement
3records that would otherwise need to be automatically expunged
4under this Act, except after 2 years following the subject
5arrest for purposes of use in civil litigation against a
6governmental entity or its law enforcement agency or personnel
7which created, maintained, or used the records. However, these
8juvenile law enforcement records shall be considered expunged
9for all other purposes during this period and the offense,
10which the records or files concern, shall be treated as if it
11never occurred as required under Section 5-923.
12 (0.5) Subsection (0.1) or (0.2) of this Section does not
13apply to violations of traffic, boating, fish and game laws,
14or county or municipal ordinances.
15 (0.6) Juvenile law enforcement records of a plaintiff who
16has filed civil litigation against the governmental entity or
17its law enforcement agency or personnel that created,
18maintained, or used the records, or juvenile law enforcement
19records that contain information related to the allegations
20set forth in the civil litigation may not be expunged until
21after 2 years have elapsed after the conclusion of the
22lawsuit, including any appeal.
23 (0.7) Officer-worn body camera recordings shall not be
24automatically expunged except as otherwise authorized by the
25Law Enforcement Officer-Worn Body Camera Act.
26 (1) Whenever a person has been arrested, charged, or

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1adjudicated delinquent for an incident occurring before his or
2her 18th birthday that if committed by an adult would be an
3offense, and that person's juvenile law enforcement and
4juvenile court records are not eligible for automatic
5expungement under subsection (0.1), (0.2), or (0.3), the
6person may petition the court at any time for expungement of
7juvenile law enforcement records and juvenile court records
8relating to the incident and, upon termination of all juvenile
9court proceedings relating to that incident, the court shall
10order the expungement of all records in the possession of the
11Department of State Police, the clerk of the circuit court,
12and law enforcement agencies relating to the incident, but
13only in any of the following circumstances:
14 (a) the minor was arrested and no petition for
15 delinquency was filed with the clerk of the circuit court;
16 (a-5) the minor was charged with an offense and the
17 petition or petitions were dismissed without a finding of
18 delinquency;
19 (b) the minor was charged with an offense and was
20 found not delinquent of that offense;
21 (c) the minor was placed under supervision under
22 Section 5-615, and the order of supervision has since been
23 successfully terminated; or
24 (d) the minor was adjudicated for an offense which
25 would be a Class B misdemeanor, Class C misdemeanor, or a
26 petty or business offense if committed by an adult.

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1 (1.5) The Department of State Police shall allow a person
2to use the Access and Review process, established in the
3Department of State Police, for verifying that his or her
4juvenile law enforcement records relating to incidents
5occurring before his or her 18th birthday eligible under this
6Act have been expunged.
7 (1.6) (Blank).
8 (1.7) (Blank).
9 (1.8) (Blank).
10 (2) Any person whose delinquency adjudications are not
11eligible for automatic expungement under subsection (0.3) of
12this Section may petition the court to expunge all juvenile
13law enforcement records relating to any incidents occurring
14before his or her 18th birthday which did not result in
15proceedings in criminal court and all juvenile court records
16with respect to any adjudications except those based upon
17first degree murder or an offense under Article 11 of the
18Criminal Code of 2012 if the person is required to register
19under the Sex Offender Registration Act at the time he or she
20petitions the court for expungement; provided that: (a)
21(blank); or (b) 2 years have elapsed since all juvenile court
22proceedings relating to him or her have been terminated and
23his or her commitment to the Department of Juvenile Justice
24under this Act has been terminated.
25 (2.5) If a minor is arrested and no petition for
26delinquency is filed with the clerk of the circuit court at the

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1time the minor is released from custody, the youth officer, if
2applicable, or other designated person from the arresting
3agency, shall notify verbally and in writing to the minor or
4the minor's parents or guardians that the minor shall have an
5arrest record and shall provide the minor and the minor's
6parents or guardians with an expungement information packet,
7information regarding this State's expungement laws including
8a petition to expunge juvenile law enforcement and juvenile
9court records obtained from the clerk of the circuit court.
10 (2.6) If a minor is referred to court, then, at the time of
11sentencing, or dismissal of the case, or successful completion
12of supervision, the judge shall inform the delinquent minor of
13his or her rights regarding expungement and the clerk of the
14circuit court shall provide an expungement information packet
15to the minor, written in plain language, including information
16regarding this State's expungement laws and a petition for
17expungement, a sample of a completed petition, expungement
18instructions that shall include information informing the
19minor that (i) once the case is expunged, it shall be treated
20as if it never occurred, (ii) he or she may apply to have
21petition fees waived, (iii) once he or she obtains an
22expungement, he or she may not be required to disclose that he
23or she had a juvenile law enforcement or juvenile court
24record, and (iv) if petitioning he or she may file the petition
25on his or her own or with the assistance of an attorney. The
26failure of the judge to inform the delinquent minor of his or

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1her right to petition for expungement as provided by law does
2not create a substantive right, nor is that failure grounds
3for: (i) a reversal of an adjudication of delinquency; , (ii) a
4new trial; or (iii) an appeal.
5 (2.7) (Blank).
6 (2.8) (Blank).
7 (3) (Blank).
8 (3.1) (Blank).
9 (3.2) (Blank).
10 (3.3) (Blank).
11 (4) (Blank).
12 (5) (Blank).
13 (5.5) Whether or not expunged, records eligible for
14automatic expungement under subdivision (0.1)(a), (0.2)(a), or
15(0.3)(a) may be treated as expunged by the individual subject
16to the records.
17 (6) (Blank).
18 (6.5) The Department of State Police or any employee of
19the Department shall be immune from civil or criminal
20liability for failure to expunge any records of arrest that
21are subject to expungement under this Section because of
22inability to verify a record. Nothing in this Section shall
23create Department of State Police liability or responsibility
24for the expungement of juvenile law enforcement records it
25does not possess.
26 (7) (Blank).

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1 (7.5) (Blank).
2 (8)(a) (Blank). (b) (Blank). (c) The expungement of
3juvenile law enforcement or juvenile court records under
4subsection (0.1), (0.2), or (0.3) of this Section shall be
5funded by appropriation by the General Assembly for that
6purpose.
7 (9) (Blank).
8 (10) (Blank).
9(Source: P.A. 99-835, eff. 1-1-17; 99-881, eff. 1-1-17;
10100-201, eff. 8-18-17; 100-285, eff. 1-1-18; 100-720, eff.
118-3-18; 100-863, eff. 8-14-18; 100-987, eff. 7-1-19; 100-1162,
12eff. 12-20-18; revised 7-16-19.)
13 Section 15. The Criminal Code of 2012 is amended by
14changing Sections 10-2, 11-1.30, 11-1.40, 12-2, 12-3.05, 18-2,
1518-4, 19-6, 21-6, 24-1.7, 33F-1, and 33G-3 and by adding
16Section 2-3.3 as follows:
17 (720 ILCS 5/2-3.3 new)
18 Sec. 2-3.3. "Armed with a dangerous weapon".
19 (a) A person is considered "armed with a dangerous weapon"
20when he or she carries on or about his or her person or is
21otherwise armed with a Category I, Category II, or Category
22III weapon. A Category I weapon is a handgun, sawed-off
23shotgun, sawed-off rifle, any other firearm small enough to be
24concealed upon the person, semiautomatic firearm, or machine

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1gun. A Category II weapon is any other rifle, shotgun, spring
2gun, other firearm, stun gun or taser as defined in paragraph
3(a) of Section 24-1 of this Code, knife with a blade of at
4least 3 inches in length, dagger, dirk, switchblade knife,
5stiletto, axe, hatchet, or other deadly or dangerous weapon or
6instrument of like character. A Category III weapon is a
7bludgeon, black-jack, slungshot, sand-bag, sand-club, metal
8knuckles, billy, or other dangerous weapon of like character.
9 (b) As used in subsection (a), "semiautomatic firearm"
10means a repeating firearm that utilizes a portion of the
11energy of a firing cartridge to extract the fired cartridge
12case and chamber the next round and that requires a separate
13pull of the trigger to fire each cartridge.
14 (720 ILCS 5/10-2) (from Ch. 38, par. 10-2)
15 Sec. 10-2. Aggravated kidnaping.
16 (a) A person commits the offense of aggravated kidnaping
17when he or she commits kidnapping and:
18 (1) kidnaps with the intent to obtain ransom from the
19 person kidnaped or from any other person;
20 (2) takes as his or her victim a child under the age of
21 13 years, or a person with a severe or profound
22 intellectual disability;
23 (3) inflicts great bodily harm, other than by the
24 discharge of a firearm, or commits another felony upon his
25 or her victim;

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1 (4) wears a hood, robe, or mask or conceals his or her
2 identity;
3 (5) commits the offense of kidnaping while armed with
4 a dangerous weapon, other than a firearm, as defined in
5 Section 2.3-3 33A-1 of this Code;
6 (6) (blank); commits the offense of kidnaping while
7 armed with a firearm;
8 (7) (blank); or during the commission of the offense
9 of kidnaping, personally discharges a firearm; or
10 (8) (blank). during the commission of the offense of
11 kidnaping, personally discharges a firearm that
12 proximately causes great bodily harm, permanent
13 disability, permanent disfigurement, or death to another
14 person.
15 As used in this Section, "ransom" includes money, benefit,
16or other valuable thing or concession.
17 (b) Sentence. Aggravated kidnaping in violation of
18paragraph (1), (2), (3), (4), or (5) of subsection (a) is a
19Class X felony. A violation of subsection (a)(6) is a Class X
20felony for which 15 years shall be added to the term of
21imprisonment imposed by the court. A violation of subsection
22(a)(7) is a Class X felony for which 20 years shall be added to
23the term of imprisonment imposed by the court. A violation of
24subsection (a)(8) is a Class X felony for which 25 years or up
25to a term of natural life shall be added to the term of
26imprisonment imposed by the court. An offender under the age

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1of 18 years at the time of the commission of aggravated
2kidnaping in violation of paragraphs (1) through (8) of
3subsection (a) shall be sentenced under Section 5-4.5-105 of
4the Unified Code of Corrections.
5 A person who has attained the age of 18 years at the time
6of the commission of the offense and who is convicted of a
7second or subsequent offense of aggravated kidnaping shall be
8sentenced to a term of natural life imprisonment; except that
9a sentence of natural life imprisonment shall not be imposed
10under this Section unless the second or subsequent offense was
11committed after conviction on the first offense. An offender
12under the age of 18 years at the time of the commission of the
13second or subsequent offense shall be sentenced under Section
145-4.5-105 of the Unified Code of Corrections.
15(Source: P.A. 99-69, eff. 1-1-16; 99-143, eff. 7-27-15;
1699-642, eff. 7-28-16.)
17 (720 ILCS 5/11-1.30) (was 720 ILCS 5/12-14)
18 Sec. 11-1.30. Aggravated Criminal Sexual Assault.
19 (a) A person commits aggravated criminal sexual assault if
20that person commits criminal sexual assault and any of the
21following aggravating circumstances exist during the
22commission of the offense or, for purposes of paragraph (7),
23occur as part of the same course of conduct as the commission
24of the offense:
25 (1) the person displays, threatens to use, or uses a

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1 dangerous weapon, other than a firearm, or any other
2 object fashioned or used in a manner that leads the
3 victim, under the circumstances, reasonably to believe
4 that the object is a dangerous weapon;
5 (2) the person causes bodily harm to the victim,
6 except as provided in paragraph (10);
7 (3) the person acts in a manner that threatens or
8 endangers the life of the victim or any other person;
9 (4) the person commits the criminal sexual assault
10 during the course of committing or attempting to commit
11 any other felony;
12 (5) the victim is 60 years of age or older;
13 (6) the victim is a person with a physical disability;
14 (7) the person delivers (by injection, inhalation,
15 ingestion, transfer of possession, or any other means) any
16 controlled substance to the victim without the victim's
17 consent or by threat or deception for other than medical
18 purposes;
19 (8) (blank); the person is armed with a firearm;
20 (9) (blank); or the person personally discharges a
21 firearm during the commission of the offense; or
22 (10) (blank). the person personally discharges a
23 firearm during the commission of the offense, and that
24 discharge proximately causes great bodily harm, permanent
25 disability, permanent disfigurement, or death to another
26 person.

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1 (b) A person commits aggravated criminal sexual assault if
2that person is under 17 years of age and: (i) commits an act of
3sexual penetration with a victim who is under 9 years of age;
4or (ii) commits an act of sexual penetration with a victim who
5is at least 9 years of age but under 13 years of age and the
6person uses force or threat of force to commit the act.
7 (c) A person commits aggravated criminal sexual assault if
8that person commits an act of sexual penetration with a victim
9who is a person with a severe or profound intellectual
10disability.
11 (d) Sentence.
12 (1) Aggravated criminal sexual assault in violation of
13 paragraph (2), (3), (4), (5), (6), or (7) of subsection
14 (a) or in violation of subsection (b) or (c) is a Class X
15 felony. A violation of subsection (a)(1) is a Class X
16 felony for which 10 years shall be added to the term of
17 imprisonment imposed by the court. A violation of
18 subsection (a)(8) is a Class X felony for which 15 years
19 shall be added to the term of imprisonment imposed by the
20 court. A violation of subsection (a)(9) is a Class X
21 felony for which 20 years shall be added to the term of
22 imprisonment imposed by the court. A violation of
23 subsection (a)(10) is a Class X felony for which 25 years
24 or up to a term of natural life imprisonment shall be added
25 to the term of imprisonment imposed by the court. An
26 offender under the age of 18 years at the time of the

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1 commission of aggravated criminal sexual assault in
2 violation of paragraphs (1) through (10) of subsection (a)
3 shall be sentenced under Section 5-4.5-105 of the Unified
4 Code of Corrections.
5 (2) A person who has attained the age of 18 years at
6 the time of the commission of the offense and who is
7 convicted of a second or subsequent offense of aggravated
8 criminal sexual assault, or who is convicted of the
9 offense of aggravated criminal sexual assault after having
10 previously been convicted of the offense of criminal
11 sexual assault or the offense of predatory criminal sexual
12 assault of a child, or who is convicted of the offense of
13 aggravated criminal sexual assault after having previously
14 been convicted under the laws of this or any other state of
15 an offense that is substantially equivalent to the offense
16 of criminal sexual assault, the offense of aggravated
17 criminal sexual assault or the offense of predatory
18 criminal sexual assault of a child, shall be sentenced to
19 a term of natural life imprisonment. The commission of the
20 second or subsequent offense is required to have been
21 after the initial conviction for this paragraph (2) to
22 apply. An offender under the age of 18 years at the time of
23 the commission of the offense covered by this paragraph
24 (2) shall be sentenced under Section 5-4.5-105 of the
25 Unified Code of Corrections.
26(Source: P.A. 99-69, eff. 1-1-16; 99-143, eff. 7-27-15;

HB3612- 23 -LRB102 15213 KMF 20568 b
199-642, eff. 7-28-16.)
2 (720 ILCS 5/11-1.40) (was 720 ILCS 5/12-14.1)
3 Sec. 11-1.40. Predatory criminal sexual assault of a
4child.
5 (a) A person commits predatory criminal sexual assault of
6a child if that person is 17 years of age or older, and commits
7an act of contact, however slight, between the sex organ or
8anus of one person and the part of the body of another for the
9purpose of sexual gratification or arousal of the victim or
10the accused, or an act of sexual penetration, and:
11 (1) the victim is under 13 years of age; or
12 (2) the victim is under 13 years of age and that
13 person:
14 (A) (blank); is armed with a firearm;
15 (B) (blank); personally discharges a firearm
16 during the commission of the offense;
17 (C) causes great bodily harm to the victim that:
18 (i) results in permanent disability; or
19 (ii) is life threatening; or
20 (D) delivers (by injection, inhalation, ingestion,
21 transfer of possession, or any other means) any
22 controlled substance to the victim without the
23 victim's consent or by threat or deception, for other
24 than medical purposes.
25 (b) Sentence.

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1 (1) A person convicted of a violation of subsection
2 (a)(1) commits a Class X felony, for which the person
3 shall be sentenced to a term of imprisonment of not less
4 than 6 years and not more than 60 years. A person convicted
5 of a violation of subsection (a)(2)(A) commits a Class X
6 felony for which 15 years shall be added to the term of
7 imprisonment imposed by the court. A person convicted of a
8 violation of subsection (a)(2)(B) commits a Class X felony
9 for which 20 years shall be added to the term of
10 imprisonment imposed by the court. A person who has
11 attained the age of 18 years at the time of the commission
12 of the offense and who is convicted of a violation of
13 subsection (a)(2)(C) commits a Class X felony for which
14 the person shall be sentenced to a term of imprisonment of
15 not less than 50 years or up to a term of natural life
16 imprisonment. An offender under the age of 18 years at the
17 time of the commission of predatory criminal sexual
18 assault of a child in violation of subsections (a)(1) or ,
19 (a)(2)(A), (a)(2)(B), and (a)(2)(C) shall be sentenced
20 under Section 5-4.5-105 of the Unified Code of
21 Corrections.
22 (1.1) A person convicted of a violation of subsection
23 (a)(2)(D) commits a Class X felony for which the person
24 shall be sentenced to a term of imprisonment of not less
25 than 50 years and not more than 60 years. An offender under
26 the age of 18 years at the time of the commission of

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1 predatory criminal sexual assault of a child in violation
2 of subsection (a)(2)(D) shall be sentenced under Section
3 5-4.5-105 of the Unified Code of Corrections.
4 (1.2) A person who has attained the age of 18 years at
5 the time of the commission of the offense and convicted of
6 predatory criminal sexual assault of a child committed
7 against 2 or more persons regardless of whether the
8 offenses occurred as the result of the same act or of
9 several related or unrelated acts shall be sentenced to a
10 term of natural life imprisonment and an offender under
11 the age of 18 years at the time of the commission of the
12 offense shall be sentenced under Section 5-4.5-105 of the
13 Unified Code of Corrections.
14 (2) A person who has attained the age of 18 years at
15 the time of the commission of the offense and who is
16 convicted of a second or subsequent offense of predatory
17 criminal sexual assault of a child, or who is convicted of
18 the offense of predatory criminal sexual assault of a
19 child after having previously been convicted of the
20 offense of criminal sexual assault or the offense of
21 aggravated criminal sexual assault, or who is convicted of
22 the offense of predatory criminal sexual assault of a
23 child after having previously been convicted under the
24 laws of this State or any other state of an offense that is
25 substantially equivalent to the offense of predatory
26 criminal sexual assault of a child, the offense of

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1 aggravated criminal sexual assault or the offense of
2 criminal sexual assault, shall be sentenced to a term of
3 natural life imprisonment. The commission of the second or
4 subsequent offense is required to have been after the
5 initial conviction for this paragraph (2) to apply. An
6 offender under the age of 18 years at the time of the
7 commission of the offense covered by this paragraph (2)
8 shall be sentenced under Section 5-4.5-105 of the Unified
9 Code of Corrections.
10(Source: P.A. 98-370, eff. 1-1-14; 98-756, eff. 7-16-14;
1198-903, eff. 8-15-14; 99-69, eff. 1-1-16.)
12 (720 ILCS 5/12-2) (from Ch. 38, par. 12-2)
13 Sec. 12-2. Aggravated assault.
14 (a) Offense based on location of conduct. A person commits
15aggravated assault when he or she commits an assault against
16an individual who is on or about a public way, public property,
17a public place of accommodation or amusement, or a sports
18venue, or in a church, synagogue, mosque, or other building,
19structure, or place used for religious worship.
20 (b) Offense based on status of victim. A person commits
21aggravated assault when, in committing an assault, he or she
22knows the individual assaulted to be any of the following:
23 (1) A person with a physical disability or a person 60
24 years of age or older and the assault is without legal
25 justification.

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1 (2) A teacher or school employee upon school grounds
2 or grounds adjacent to a school or in any part of a
3 building used for school purposes.
4 (3) A park district employee upon park grounds or
5 grounds adjacent to a park or in any part of a building
6 used for park purposes.
7 (4) A community policing volunteer, private security
8 officer, or utility worker:
9 (i) performing his or her official duties;
10 (ii) assaulted to prevent performance of his or
11 her official duties; or
12 (iii) assaulted in retaliation for performing his
13 or her official duties.
14 (4.1) A peace officer, fireman, emergency management
15 worker, or emergency medical services personnel:
16 (i) performing his or her official duties;
17 (ii) assaulted to prevent performance of his or
18 her official duties; or
19 (iii) assaulted in retaliation for performing his
20 or her official duties.
21 (5) A correctional officer or probation officer:
22 (i) performing his or her official duties;
23 (ii) assaulted to prevent performance of his or
24 her official duties; or
25 (iii) assaulted in retaliation for performing his
26 or her official duties.

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1 (6) A correctional institution employee, a county
2 juvenile detention center employee who provides direct and
3 continuous supervision of residents of a juvenile
4 detention center, including a county juvenile detention
5 center employee who supervises recreational activity for
6 residents of a juvenile detention center, or a Department
7 of Human Services employee, Department of Human Services
8 officer, or employee of a subcontractor of the Department
9 of Human Services supervising or controlling sexually
10 dangerous persons or sexually violent persons:
11 (i) performing his or her official duties;
12 (ii) assaulted to prevent performance of his or
13 her official duties; or
14 (iii) assaulted in retaliation for performing his
15 or her official duties.
16 (7) An employee of the State of Illinois, a municipal
17 corporation therein, or a political subdivision thereof,
18 performing his or her official duties.
19 (8) A transit employee performing his or her official
20 duties, or a transit passenger.
21 (9) A sports official or coach actively participating
22 in any level of athletic competition within a sports
23 venue, on an indoor playing field or outdoor playing
24 field, or within the immediate vicinity of such a facility
25 or field.
26 (10) A person authorized to serve process under

HB3612- 29 -LRB102 15213 KMF 20568 b
1 Section 2-202 of the Code of Civil Procedure or a special
2 process server appointed by the circuit court, while that
3 individual is in the performance of his or her duties as a
4 process server.
5 (c) Offense based on use of firearm, device, or motor
6vehicle. A person commits aggravated assault when, in
7committing an assault, he or she does any of the following:
8 (1) Uses a deadly weapon, an air rifle as defined in
9 Section 24.8-0.1 of this Act, or any device manufactured
10 and designed to be substantially similar in appearance to
11 a firearm, other than by discharging a firearm.
12 (2) Discharges a firearm, other than from a motor
13 vehicle.
14 (3) Discharges a firearm from a motor vehicle.
15 (4) Wears a hood, robe, or mask to conceal his or her
16 identity.
17 (5) Knowingly and without lawful justification shines
18 or flashes a laser gun sight or other laser device
19 attached to a firearm, or used in concert with a firearm,
20 so that the laser beam strikes near or in the immediate
21 vicinity of any person.
22 (6) Uses a firearm, other than by discharging the
23 firearm, against a peace officer, community policing
24 volunteer, fireman, private security officer, emergency
25 management worker, emergency medical services personnel,
26 employee of a police department, employee of a sheriff's

HB3612- 30 -LRB102 15213 KMF 20568 b
1 department, or traffic control municipal employee:
2 (i) performing his or her official duties;
3 (ii) assaulted to prevent performance of his or
4 her official duties; or
5 (iii) assaulted in retaliation for performing his
6 or her official duties.
7 (7) Without justification operates a motor vehicle in
8 a manner which places a person, other than a person listed
9 in subdivision (b)(4), in reasonable apprehension of being
10 struck by the moving motor vehicle.
11 (8) Without justification operates a motor vehicle in
12 a manner which places a person listed in subdivision
13 (b)(4), in reasonable apprehension of being struck by the
14 moving motor vehicle.
15 (9) Knowingly video or audio records the offense with
16 the intent to disseminate the recording.
17 (d) Sentence. Aggravated assault as defined in subdivision
18(a), (b)(1), (b)(2), (b)(3), (b)(4), (b)(7), (b)(8), (b)(9),
19(c)(1), (c)(4), or (c)(9) is a Class A misdemeanor, except
20that aggravated assault as defined in subdivision (b)(4) and
21(b)(7) is a Class 4 felony if a Category I, Category II, or
22Category III weapon is used in the commission of the assault.
23Aggravated assault as defined in subdivision (b)(4.1), (b)(5),
24(b)(6), (b)(10), (c)(2), (c)(5), (c)(6), or (c)(7) is a Class
254 felony. Aggravated assault as defined in subdivision (c)(3)
26or (c)(8) is a Class 3 felony.

HB3612- 31 -LRB102 15213 KMF 20568 b
1 (e) For the purposes of this Section, "Category I weapon",
2"Category II weapon", and "Category III weapon" have the
3meanings ascribed to those terms in Section 2.3-3 33A-1 of
4this Code.
5(Source: P.A. 101-223, eff. 1-1-20; revised 9-24-19.)
6 (720 ILCS 5/12-3.05) (was 720 ILCS 5/12-4)
7 Sec. 12-3.05. Aggravated battery.
8 (a) Offense based on injury. A person commits aggravated
9battery when, in committing a battery, other than by the
10discharge of a firearm, he or she knowingly does any of the
11following:
12 (1) Causes great bodily harm or permanent disability
13 or disfigurement.
14 (2) Causes severe and permanent disability, great
15 bodily harm, or disfigurement by means of a caustic or
16 flammable substance, a poisonous gas, a deadly biological
17 or chemical contaminant or agent, a radioactive substance,
18 or a bomb or explosive compound.
19 (3) Causes great bodily harm or permanent disability
20 or disfigurement to an individual whom the person knows to
21 be a peace officer, community policing volunteer, fireman,
22 private security officer, correctional institution
23 employee, or Department of Human Services employee
24 supervising or controlling sexually dangerous persons or
25 sexually violent persons:

HB3612- 32 -LRB102 15213 KMF 20568 b
1 (i) performing his or her official duties;
2 (ii) battered to prevent performance of his or her
3 official duties; or
4 (iii) battered in retaliation for performing his
5 or her official duties.
6 (4) Causes great bodily harm or permanent disability
7 or disfigurement to an individual 60 years of age or
8 older.
9 (5) Strangles another individual.
10 (b) Offense based on injury to a child or person with an
11intellectual disability. A person who is at least 18 years of
12age commits aggravated battery when, in committing a battery,
13he or she knowingly and without legal justification by any
14means:
15 (1) causes great bodily harm or permanent disability
16 or disfigurement to any child under the age of 13 years, or
17 to any person with a severe or profound intellectual
18 disability; or
19 (2) causes bodily harm or disability or disfigurement
20 to any child under the age of 13 years or to any person
21 with a severe or profound intellectual disability.
22 (c) Offense based on location of conduct. A person commits
23aggravated battery when, in committing a battery, other than
24by the discharge of a firearm, he or she is or the person
25battered is on or about a public way, public property, a public
26place of accommodation or amusement, a sports venue, or a

HB3612- 33 -LRB102 15213 KMF 20568 b
1domestic violence shelter, or in a church, synagogue, mosque,
2or other building, structure, or place used for religious
3worship.
4 (d) Offense based on status of victim. A person commits
5aggravated battery when, in committing a battery, other than
6by discharge of a firearm, he or she knows the individual
7battered to be any of the following:
8 (1) A person 60 years of age or older.
9 (2) A person who is pregnant or has a physical
10 disability.
11 (3) A teacher or school employee upon school grounds
12 or grounds adjacent to a school or in any part of a
13 building used for school purposes.
14 (4) A peace officer, community policing volunteer,
15 fireman, private security officer, correctional
16 institution employee, or Department of Human Services
17 employee supervising or controlling sexually dangerous
18 persons or sexually violent persons:
19 (i) performing his or her official duties;
20 (ii) battered to prevent performance of his or her
21 official duties; or
22 (iii) battered in retaliation for performing his
23 or her official duties.
24 (5) A judge, emergency management worker, emergency
25 medical services personnel, or utility worker:
26 (i) performing his or her official duties;

HB3612- 34 -LRB102 15213 KMF 20568 b
1 (ii) battered to prevent performance of his or her
2 official duties; or
3 (iii) battered in retaliation for performing his
4 or her official duties.
5 (6) An officer or employee of the State of Illinois, a
6 unit of local government, or a school district, while
7 performing his or her official duties.
8 (7) A transit employee performing his or her official
9 duties, or a transit passenger.
10 (8) A taxi driver on duty.
11 (9) A merchant who detains the person for an alleged
12 commission of retail theft under Section 16-26 of this
13 Code and the person without legal justification by any
14 means causes bodily harm to the merchant.
15 (10) A person authorized to serve process under
16 Section 2-202 of the Code of Civil Procedure or a special
17 process server appointed by the circuit court while that
18 individual is in the performance of his or her duties as a
19 process server.
20 (11) A nurse while in the performance of his or her
21 duties as a nurse.
22 (12) A merchant: (i) while performing his or her
23 duties, including, but not limited to, relaying directions
24 for healthcare or safety from his or her supervisor or
25 employer or relaying health or safety guidelines,
26 recommendations, regulations, or rules from a federal,

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1 State, or local public health agency; and (ii) during a
2 disaster declared by the Governor, or a state of emergency
3 declared by the mayor of the municipality in which the
4 merchant is located, due to a public health emergency and
5 for a period of 6 months after such declaration.
6 (e) Offense based on use of a firearm. A person commits
7aggravated battery when, in committing a battery, he or she
8knowingly does any of the following:
9 (1) Discharges a firearm, other than a machine gun or
10 a firearm equipped with a silencer, and causes any injury
11 to another person.
12 (2) Discharges a firearm, other than a machine gun or
13 a firearm equipped with a silencer, and causes any injury
14 to a person he or she knows to be a peace officer,
15 community policing volunteer, person summoned by a police
16 officer, fireman, private security officer, correctional
17 institution employee, or emergency management worker:
18 (i) performing his or her official duties;
19 (ii) battered to prevent performance of his or her
20 official duties; or
21 (iii) battered in retaliation for performing his
22 or her official duties.
23 (3) Discharges a firearm, other than a machine gun or
24 a firearm equipped with a silencer, and causes any injury
25 to a person he or she knows to be emergency medical
26 services personnel:

HB3612- 36 -LRB102 15213 KMF 20568 b
1 (i) performing his or her official duties;
2 (ii) battered to prevent performance of his or her
3 official duties; or
4 (iii) battered in retaliation for performing his
5 or her official duties.
6 (4) Discharges a firearm and causes any injury to a
7 person he or she knows to be a teacher, a student in a
8 school, or a school employee, and the teacher, student, or
9 employee is upon school grounds or grounds adjacent to a
10 school or in any part of a building used for school
11 purposes.
12 (5) Discharges a machine gun or a firearm equipped
13 with a silencer, and causes any injury to another person.
14 (6) Discharges a machine gun or a firearm equipped
15 with a silencer, and causes any injury to a person he or
16 she knows to be a peace officer, community policing
17 volunteer, person summoned by a police officer, fireman,
18 private security officer, correctional institution
19 employee or emergency management worker:
20 (i) performing his or her official duties;
21 (ii) battered to prevent performance of his or her
22 official duties; or
23 (iii) battered in retaliation for performing his
24 or her official duties.
25 (7) Discharges a machine gun or a firearm equipped
26 with a silencer, and causes any injury to a person he or

HB3612- 37 -LRB102 15213 KMF 20568 b
1 she knows to be emergency medical services personnel:
2 (i) performing his or her official duties;
3 (ii) battered to prevent performance of his or her
4 official duties; or
5 (iii) battered in retaliation for performing his
6 or her official duties.
7 (8) Discharges a machine gun or a firearm equipped
8 with a silencer, and causes any injury to a person he or
9 she knows to be a teacher, or a student in a school, or a
10 school employee, and the teacher, student, or employee is
11 upon school grounds or grounds adjacent to a school or in
12 any part of a building used for school purposes.
13 (f) Offense based on use of a weapon or device. A person
14commits aggravated battery when, in committing a battery, he
15or she does any of the following:
16 (1) Uses a deadly weapon other than by discharge of a
17 firearm, or uses an air rifle as defined in Section
18 24.8-0.1 of this Code.
19 (2) Wears a hood, robe, or mask to conceal his or her
20 identity.
21 (3) Knowingly and without lawful justification shines
22 or flashes a laser gunsight or other laser device attached
23 to a firearm, or used in concert with a firearm, so that
24 the laser beam strikes upon or against the person of
25 another.
26 (4) Knowingly video or audio records the offense with

HB3612- 38 -LRB102 15213 KMF 20568 b
1 the intent to disseminate the recording.
2 (g) Offense based on certain conduct. A person commits
3aggravated battery when, other than by discharge of a firearm,
4he or she does any of the following:
5 (1) Violates Section 401 of the Illinois Controlled
6 Substances Act by unlawfully delivering a controlled
7 substance to another and any user experiences great bodily
8 harm or permanent disability as a result of the injection,
9 inhalation, or ingestion of any amount of the controlled
10 substance.
11 (2) Knowingly administers to an individual or causes
12 him or her to take, without his or her consent or by threat
13 or deception, and for other than medical purposes, any
14 intoxicating, poisonous, stupefying, narcotic,
15 anesthetic, or controlled substance, or gives to another
16 person any food containing any substance or object
17 intended to cause physical injury if eaten.
18 (3) Knowingly causes or attempts to cause a
19 correctional institution employee or Department of Human
20 Services employee to come into contact with blood, seminal
21 fluid, urine, or feces by throwing, tossing, or expelling
22 the fluid or material, and the person is an inmate of a
23 penal institution or is a sexually dangerous person or
24 sexually violent person in the custody of the Department
25 of Human Services.
26 (h) Sentence. Unless otherwise provided, aggravated

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1battery is a Class 3 felony.
2 Aggravated battery as defined in subdivision (a)(4),
3(d)(4), or (g)(3) is a Class 2 felony.
4 Aggravated battery as defined in subdivision (a)(3) or
5(g)(1) is a Class 1 felony.
6 Aggravated battery as defined in subdivision (a)(1) is a
7Class 1 felony when the aggravated battery was intentional and
8involved the infliction of torture, as defined in paragraph
9(14) of subsection (b) of Section 9-1 of this Code, as the
10infliction of or subjection to extreme physical pain,
11motivated by an intent to increase or prolong the pain,
12suffering, or agony of the victim.
13 Aggravated battery as defined in subdivision (a)(1) is a
14Class 2 felony when the person causes great bodily harm or
15permanent disability to an individual whom the person knows to
16be a member of a congregation engaged in prayer or other
17religious activities at a church, synagogue, mosque, or other
18building, structure, or place used for religious worship.
19 Aggravated battery under subdivision (a)(5) is a Class 1
20felony if:
21 (A) the person used or attempted to use a dangerous
22 instrument while committing the offense;
23 (B) the person caused great bodily harm or permanent
24 disability or disfigurement to the other person while
25 committing the offense; or
26 (C) the person has been previously convicted of a

HB3612- 40 -LRB102 15213 KMF 20568 b
1 violation of subdivision (a)(5) under the laws of this
2 State or laws similar to subdivision (a)(5) of any other
3 state.
4 Aggravated battery as defined in subdivision (e)(1) is a
5Class X felony.
6 Aggravated battery as defined in subdivision (a)(2) is a
7Class X felony for which a person shall be sentenced to a term
8of imprisonment of a minimum of 6 years and a maximum of 45
9years.
10 Aggravated battery as defined in subdivision (e)(5) is a
11Class X felony for which a person shall be sentenced to a term
12of imprisonment of a minimum of 12 years and a maximum of 45
13years.
14 Aggravated battery as defined in subdivision (e)(2),
15(e)(3), or (e)(4) is a Class X felony for which a person shall
16be sentenced to a term of imprisonment of a minimum of 15 years
17and a maximum of 60 years.
18 Aggravated battery as defined in subdivision (e)(6),
19(e)(7), or (e)(8) is a Class X felony for which a person shall
20be sentenced to a term of imprisonment of a minimum of 20 years
21and a maximum of 60 years.
22 Aggravated battery as defined in subdivision (b)(1) is a
23Class X felony, except that:
24 (1) if the person committed the offense while armed
25 with a firearm, 15 years shall be added to the term of
26 imprisonment imposed by the court;

HB3612- 41 -LRB102 15213 KMF 20568 b
1 (2) if, during the commission of the offense, the
2 person personally discharged a firearm, 20 years shall be
3 added to the term of imprisonment imposed by the court;
4 (3) if, during the commission of the offense, the
5 person personally discharged a firearm that proximately
6 caused great bodily harm, permanent disability, permanent
7 disfigurement, or death to another person, 25 years or up
8 to a term of natural life shall be added to the term of
9 imprisonment imposed by the court.
10 (i) Definitions. In this Section:
11 "Building or other structure used to provide shelter" has
12the meaning ascribed to "shelter" in Section 1 of the Domestic
13Violence Shelters Act.
14 "Domestic violence" has the meaning ascribed to it in
15Section 103 of the Illinois Domestic Violence Act of 1986.
16 "Domestic violence shelter" means any building or other
17structure used to provide shelter or other services to victims
18or to the dependent children of victims of domestic violence
19pursuant to the Illinois Domestic Violence Act of 1986 or the
20Domestic Violence Shelters Act, or any place within 500 feet
21of such a building or other structure in the case of a person
22who is going to or from such a building or other structure.
23 "Firearm" has the meaning provided under Section 1.1 of
24the Firearm Owners Identification Card Act, and does not
25include an air rifle as defined by Section 24.8-0.1 of this
26Code.

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1 "Machine gun" has the meaning ascribed to it in Section
224-1 of this Code.
3 "Merchant" has the meaning ascribed to it in Section
416-0.1 of this Code.
5 "Strangle" means intentionally impeding the normal
6breathing or circulation of the blood of an individual by
7applying pressure on the throat or neck of that individual or
8by blocking the nose or mouth of that individual.
9(Source: P.A. 101-223, eff. 1-1-20; 101-651, eff. 8-7-20.)
10 (720 ILCS 5/18-2) (from Ch. 38, par. 18-2)
11 Sec. 18-2. Armed robbery.
12 (a) A person commits armed robbery when he or she violates
13Section 18-1; and
14 (1) he or she carries on or about his or her person or
15 is otherwise armed with a dangerous weapon other than a
16 firearm; or
17 (2) he or she carries on or about his or her person or
18 is otherwise armed with a firearm; or
19 (3) he or she, during the commission of the offense,
20 personally discharges a firearm; or
21 (4) he or she, during the commission of the offense,
22 personally discharges a firearm that proximately causes
23 great bodily harm, permanent disability, permanent
24 disfigurement, or death to another person.
25 (b) Sentence.

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1 Armed robbery in violation of subsection (a)(1) is a Class
2X felony. A violation of subsection (a)(2) is a Class X felony
3for which 15 years shall be added to the term of imprisonment
4imposed by the court. A violation of subsection (a)(3) is a
5Class X felony for which 20 years shall be added to the term of
6imprisonment imposed by the court. A violation of subsection
7(a)(4) is a Class X felony for which 25 years or up to a term
8of natural life shall be added to the term of imprisonment
9imposed by the court.
10(Source: P.A. 91-404, eff. 1-1-00.)
11 (720 ILCS 5/18-4)
12 Sec. 18-4. Aggravated vehicular hijacking.
13 (a) A person commits aggravated vehicular hijacking when
14he or she violates Section 18-3; and
15 (1) the person from whose immediate presence the motor
16 vehicle is taken is a person with a physical disability or
17 a person 60 years of age or over; or
18 (2) a person under 16 years of age is a passenger in
19 the motor vehicle at the time of the offense; or
20 (3) he or she carries on or about his or her person, or
21 is otherwise armed with a dangerous weapon, other than a
22 firearm; or
23 (4) (blank); or he or she carries on or about his or
24 her person or is otherwise armed with a firearm; or
25 (5) (blank); or he or she, during the commission of

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1 the offense, personally discharges a firearm; or
2 (6) (blank). he or she, during the commission of the
3 offense, personally discharges a firearm that proximately
4 causes great bodily harm, permanent disability, permanent
5 disfigurement, or death to another person.
6 (b) Sentence. Aggravated vehicular hijacking in violation
7of subsections (a)(1) or (a)(2) is a Class X felony. A
8violation of subsection (a)(3) is a Class X felony for which a
9term of imprisonment of not less than 7 years shall be imposed.
10A violation of subsection (a)(4) is a Class X felony for which
1115 years shall be added to the term of imprisonment imposed by
12the court. A violation of subsection (a)(5) is a Class X felony
13for which 20 years shall be added to the term of imprisonment
14imposed by the court. A violation of subsection (a)(6) is a
15Class X felony for which 25 years or up to a term of natural
16life shall be added to the term of imprisonment imposed by the
17court.
18(Source: P.A. 99-143, eff. 7-27-15.)
19 (720 ILCS 5/19-6) (was 720 ILCS 5/12-11)
20 Sec. 19-6. Home Invasion.
21 (a) A person who is not a peace officer acting in the line
22of duty commits home invasion when without authority he or she
23knowingly enters the dwelling place of another when he or she
24knows or has reason to know that one or more persons is present
25or he or she knowingly enters the dwelling place of another and

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1remains in the dwelling place until he or she knows or has
2reason to know that one or more persons is present or who
3falsely represents himself or herself, including but not
4limited to, falsely representing himself or herself to be a
5representative of any unit of government or a construction,
6telecommunications, or utility company, for the purpose of
7gaining entry to the dwelling place of another when he or she
8knows or has reason to know that one or more persons are
9present and
10 (1) While armed with a dangerous weapon, other than a
11 firearm, uses force or threatens the imminent use of force
12 upon any person or persons within the dwelling place
13 whether or not injury occurs, or
14 (2) Intentionally causes any injury, except as
15 provided in subsection (a)(5), to any person or persons
16 within the dwelling place, or
17 (3) (Blank); or While armed with a firearm uses force
18 or threatens the imminent use of force upon any person or
19 persons within the dwelling place whether or not injury
20 occurs, or
21 (4) (Blank); or Uses force or threatens the imminent
22 use of force upon any person or persons within the
23 dwelling place whether or not injury occurs and during the
24 commission of the offense personally discharges a firearm,
25 or
26 (5) (Blank); or "Personally discharges a firearm that

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1 proximately causes great bodily harm, permanent
2 disability, permanent disfigurement, or death to another
3 person within the dwelling place, or
4 (6) Commits, against any person or persons within that
5 dwelling place, a violation of Section 11-1.20, 11-1.30,
6 11-1.40, 11-1.50, or 11-1.60 of this Code.
7 (b) It is an affirmative defense to a charge of home
8invasion that the accused who knowingly enters the dwelling
9place of another and remains in the dwelling place until he or
10she knows or has reason to know that one or more persons is
11present either immediately leaves the premises or surrenders
12to the person or persons lawfully present therein without
13either attempting to cause or causing serious bodily injury to
14any person present therein.
15 (c) Sentence. Home invasion in violation of subsection
16(a)(1), (a)(2) or (a)(6) is a Class X felony. A violation of
17subsection (a)(3) is a Class X felony for which 15 years shall
18be added to the term of imprisonment imposed by the court. A
19violation of subsection (a)(4) is a Class X felony for which 20
20years shall be added to the term of imprisonment imposed by the
21court. A violation of subsection (a)(5) is a Class X felony for
22which 25 years or up to a term of natural life shall be added
23to the term of imprisonment imposed by the court.
24 (d) For purposes of this Section, "dwelling place of
25another" includes a dwelling place where the defendant
26maintains a tenancy interest but from which the defendant has

HB3612- 47 -LRB102 15213 KMF 20568 b
1been barred by a divorce decree, judgment of dissolution of
2marriage, order of protection, or other court order.
3(Source: P.A. 96-1113, eff. 1-1-11; 96-1551, eff. 7-1-11;
497-1108, eff. 1-1-13; 97-1150, eff. 1-25-13.)
5 (720 ILCS 5/21-6) (from Ch. 38, par. 21-6)
6 Sec. 21-6. Unauthorized Possession or Storage of Weapons.
7 (a) Whoever possesses or stores any weapon enumerated in
8Section 2.3-3 33A-1 in any building or on land supported in
9whole or in part with public funds or in any building on such
10land without prior written permission from the chief security
11officer for such land or building commits a Class A
12misdemeanor.
13 (b) The chief security officer must grant any reasonable
14request for permission under paragraph (a).
15(Source: P.A. 89-685, eff. 6-1-97.)
16 (720 ILCS 5/24-1.7)
17 Sec. 24-1.7. Armed habitual criminal.
18 (a) A person commits the offense of being an armed
19habitual criminal if he or she receives, sells, possesses, or
20transfers any firearm after having been convicted a total of 2
21or more times of any combination of the following offenses:
22 (1) a forcible felony as defined in Section 2-8 of
23 this Code that is punishable as a Class 2 felony or higher;
24 (2) unlawful use of a weapon by a felon; aggravated

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1 unlawful use of a weapon; aggravated discharge of a
2 firearm; vehicular hijacking; aggravated vehicular
3 hijacking; aggravated battery of a child as described in
4 Section 12-4.3 or subdivision (b)(1) of Section 12-3.05;
5 intimidation; aggravated intimidation; gunrunning; home
6 invasion; or aggravated battery with a firearm as
7 described in Section 12-4.2 or subdivision (e)(1), (e)(2),
8 (e)(3), or (e)(4) of Section 12-3.05; or
9 (3) (blank). any violation of the Illinois Controlled
10 Substances Act or the Cannabis Control Act that is
11 punishable as a Class 3 felony or higher.
12 (b) Sentence. Being an armed habitual criminal is a Class
13X felony.
14(Source: P.A. 96-1551, eff. 7-1-11.)
15 (720 ILCS 5/33F-1) (from Ch. 38, par. 33F-1)
16 Sec. 33F-1. Definitions. For purposes of this Article:
17 (a) "Body Armor" means any one of the following:
18 (1) A military style flak or tactical assault vest
19 which is made of Kevlar or any other similar material or
20 metal, fiberglass, plastic, and nylon plates and designed
21 to be worn over one's clothing for the intended purpose of
22 stopping not only missile fragmentation from mines,
23 grenades, mortar shells and artillery fire but also fire
24 from rifles, machine guns, and small arms.
25 (2) Soft body armor which is made of Kevlar or any

HB3612- 49 -LRB102 15213 KMF 20568 b
1 other similar material or metal or any other type of
2 insert and which is lightweight and pliable and which can
3 be easily concealed under a shirt.
4 (3) A military style recon/surveillance vest which is
5 made of Kevlar or any other similar material and which is
6 lightweight and designed to be worn over one's clothing.
7 (4) Protective casual clothing which is made of Kevlar
8 or any other similar material and which was originally
9 intended to be used by undercover law enforcement officers
10 or dignitaries and is designed to look like jackets,
11 coats, raincoats, quilted or three piece suit vests.
12 (b) "Dangerous weapon" means a Category I, Category II, or
13Category III weapon as defined in Section 2.3-3 33A-1 of this
14Code.
15(Source: P.A. 91-696, eff. 4-13-00.)
16 (720 ILCS 5/33G-3)
17 (Section scheduled to be repealed on June 11, 2022)
18 Sec. 33G-3. Definitions. As used in this Article:
19 (a) "Another state" means any State of the United States
20(other than the State of Illinois), or the District of
21Columbia, or the Commonwealth of Puerto Rico, or any territory
22or possession of the United States, or any political
23subdivision, or any department, agency, or instrumentality
24thereof.
25 (b) "Enterprise" includes:

HB3612- 50 -LRB102 15213 KMF 20568 b
1 (1) any partnership, corporation, association,
2 business or charitable trust, or other legal entity; and
3 (2) any group of individuals or other legal entities,
4 or any combination thereof, associated in fact although
5 not itself a legal entity. An association in fact must be
6 held together by a common purpose of engaging in a course
7 of conduct, and it may be associated together for purposes
8 that are both legal and illegal. An association in fact
9 must:
10 (A) have an ongoing organization or structure,
11 either formal or informal;
12 (B) the various members of the group must function
13 as a continuing unit, even if the group changes
14 membership by gaining or losing members over time; and
15 (C) have an ascertainable structure distinct from
16 that inherent in the conduct of a pattern of predicate
17 activity.
18 As used in this Article, "enterprise" includes licit and
19illicit enterprises.
20 (c) "Labor organization" includes any organization, labor
21union, craft union, or any voluntary unincorporated
22association designed to further the cause of the rights of
23union labor that is constituted for the purpose, in whole or in
24part, of collective bargaining or of dealing with employers
25concerning grievances, terms or conditions of employment, or
26apprenticeships or applications for apprenticeships, or of

HB3612- 51 -LRB102 15213 KMF 20568 b
1other mutual aid or protection in connection with employment,
2including apprenticeships or applications for apprenticeships.
3 (d) "Operation or management" means directing or carrying
4out the enterprise's affairs and is limited to any person who
5knowingly serves as a leader, organizer, operator, manager,
6director, supervisor, financier, advisor, recruiter, supplier,
7or enforcer of an enterprise in violation of this Article.
8 (e) "Predicate activity" means any act that is a Class 2
9felony or higher and constitutes a violation or violations of
10any of the following provisions of the laws of the State of
11Illinois (as amended or revised as of the date the activity
12occurred or, in the instance of a continuing offense, the date
13that charges under this Article are filed in a particular
14matter in the State of Illinois) or any act under the law of
15another jurisdiction for an offense that could be charged as a
16Class 2 felony or higher in this State:
17 (1) under the Criminal Code of 1961 or the Criminal
18 Code of 2012: 8-1.2 (solicitation of murder for hire), 9-1
19 (first degree murder), 9-3.3 (drug-induced homicide), 10-1
20 (kidnapping), 10-2 (aggravated kidnapping), 10-3.1
21 (aggravated unlawful restraint), 10-4 (forcible
22 detention), 10-5(b)(10) (child abduction), 10-9
23 (trafficking in persons, involuntary servitude, and
24 related offenses), 11-1.20 (criminal sexual assault),
25 11-1.30 (aggravated criminal sexual assault), 11-1.40
26 (predatory criminal sexual assault of a child), 11-1.60

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1 (aggravated criminal sexual abuse), 11-6 (indecent
2 solicitation of a child), 11-6.5 (indecent solicitation of
3 an adult), 11-14.3(a)(2)(A) and (a)(2)(B) (promoting
4 prostitution), 11-14.4 (promoting juvenile prostitution),
5 11-18.1 (patronizing a minor engaged in prostitution;
6 patronizing a juvenile prostitute), 12-3.05 (aggravated
7 battery), 12-6.4 (criminal street gang recruitment),
8 12-6.5 (compelling organization membership of persons),
9 12-7.3 (stalking), 12-7.4 (aggravated stalking), 12-7.5
10 (cyberstalking), 12-11 or 19-6 (home invasion), 12-11.1 or
11 18-6 (vehicular invasion), 18-1 (robbery; aggravated
12 robbery), 18-2 (armed robbery), 18-3 (vehicular
13 hijacking), 18-4 (aggravated vehicular hijacking), 18-5
14 (aggravated robbery), 19-1 (burglary), 19-3 (residential
15 burglary), 20-1 (arson; residential arson; place of
16 worship arson), 20-1.1 (aggravated arson), 20-1.2
17 (residential arson), 20-1.3 (place of worship arson),
18 24-1.2 (aggravated discharge of a firearm), 24-1.2-5
19 (aggravated discharge of a machine gun or silencer
20 equipped firearm), 24-1.8 (unlawful possession of a
21 firearm by a street gang member), 24-3.2 (unlawful
22 discharge of firearm projectiles), 24-3.9 (aggravated
23 possession of a stolen firearm), 24-3A (gunrunning), 26-5
24 or 48-1 (dog-fighting), 29D-14.9 (terrorism), 29D-15
25 (soliciting support for terrorism), 29D-15.1 (causing a
26 catastrophe), 29D-15.2 (possession of a deadly substance),

HB3612- 53 -LRB102 15213 KMF 20568 b
1 29D-20 (making a terrorist threat), 29D-25 (falsely making
2 a terrorist threat), 29D-29.9 (material support for
3 terrorism), 29D-35 (hindering prosecution of terrorism),
4 or 31A-1.2 (unauthorized contraband in a penal
5 institution), or 33A-3 (armed violence);
6 (2) under the Cannabis Control Act: Sections 5
7 (manufacture or delivery of cannabis), 5.1 (cannabis
8 trafficking), or 8 (production or possession of cannabis
9 plants), provided the offense either involves more than
10 500 grams of any substance containing cannabis or involves
11 more than 50 cannabis sativa plants;
12 (3) under the Illinois Controlled Substances Act:
13 Sections 401 (manufacture or delivery of a controlled
14 substance), 401.1 (controlled substance trafficking), 405
15 (calculated criminal drug conspiracy), or 405.2 (street
16 gang criminal drug conspiracy); or
17 (4) under the Methamphetamine Control and Community
18 Protection Act: Sections 15 (methamphetamine
19 manufacturing), or 55 (methamphetamine delivery).
20 (f) "Pattern of predicate activity" means:
21 (1) at least 3 occurrences of predicate activity that
22 are in some way related to each other and that have
23 continuity between them, and that are separate acts. Acts
24 are related to each other if they are not isolated events,
25 including if they have similar purposes, or results, or
26 participants, or victims, or are committed a similar way,

HB3612- 54 -LRB102 15213 KMF 20568 b
1 or have other similar distinguishing characteristics, or
2 are part of the affairs of the same enterprise. There is
3 continuity between acts if they are ongoing over a
4 substantial period, or if they are part of the regular way
5 some entity does business or conducts its affairs; and
6 (2) which occurs after the effective date of this
7 Article, and the last of which falls within 3 years
8 (excluding any period of imprisonment) after the first
9 occurrence of predicate activity.
10 (g) "Unlawful death" includes the following offenses:
11under the Code of 1961 or the Criminal Code of 2012: Sections
129-1 (first degree murder) or 9-2 (second degree murder).
13(Source: P.A. 97-686, eff. 6-11-12; 97-1150, eff. 1-25-13.)
14 (720 ILCS 5/Art. 33A rep.)
15 Section 20. The Criminal Code of 2012 is amended by
16repealing Article 33A.
17 Section 25. The Code of Criminal Procedure of 1963 is
18amended by changing Section 115-10.3 as follows:
19 (725 ILCS 5/115-10.3)
20 Sec. 115-10.3. Hearsay exception regarding elder adults.
21 (a) In a prosecution for a physical act, abuse, neglect,
22or financial exploitation perpetrated upon or against an
23eligible adult, as defined in the Adult Protective Services

HB3612- 55 -LRB102 15213 KMF 20568 b
1Act, who has been diagnosed by a physician to suffer from (i)
2any form of dementia, developmental disability, or other form
3of mental incapacity or (ii) any physical infirmity, including
4but not limited to prosecutions for violations of Sections
510-1, 10-2, 10-3, 10-3.1, 10-4, 11-1.20, 11-1.30, 11-1.40,
611-1.50, 11-1.60, 11-11, 12-1, 12-2, 12-3, 12-3.05, 12-3.2,
712-3.3, 12-4, 12-4.1, 12-4.2, 12-4.5, 12-4.6, 12-4.7, 12-5,
812-6, 12-7.3, 12-7.4, 12-11, 12-11.1, 12-13, 12-14, 12-15,
912-16, 12-21, 16-1, 16-1.3, 17-1, 17-3, 17-56, 18-1, 18-2,
1018-3, 18-4, 18-5, 18-6, 19-6, 20-1.1, or 24-1.2, and 33A-2, or
11subsection (b) of Section 12-4.4a of the Criminal Code of
122012, the following evidence shall be admitted as an exception
13to the hearsay rule:
14 (1) testimony by an eligible adult, of an out of court
15 statement made by the eligible adult, that he or she
16 complained of such act to another; and
17 (2) testimony of an out of court statement made by the
18 eligible adult, describing any complaint of such act or
19 matter or detail pertaining to any act which is an element
20 of an offense which is the subject of a prosecution for a
21 physical act, abuse, neglect, or financial exploitation
22 perpetrated upon or against the eligible adult.
23 (b) Such testimony shall only be admitted if:
24 (1) The court finds in a hearing conducted outside the
25 presence of the jury that the time, content, and
26 circumstances of the statement provide sufficient

HB3612- 56 -LRB102 15213 KMF 20568 b
1 safeguards of reliability; and
2 (2) The eligible adult either:
3 (A) testifies at the proceeding; or
4 (B) is unavailable as a witness and there is
5 corroborative evidence of the act which is the subject
6 of the statement.
7 (c) If a statement is admitted pursuant to this Section,
8the court shall instruct the jury that it is for the jury to
9determine the weight and credibility to be given the statement
10and that, in making the determination, it shall consider the
11condition of the eligible adult, the nature of the statement,
12the circumstances under which the statement was made, and any
13other relevant factor.
14 (d) The proponent of the statement shall give the adverse
15party reasonable notice of his or her intention to offer the
16statement and the particulars of the statement.
17(Source: P.A. 97-1108, eff. 1-1-13; 97-1109, eff. 1-1-13;
1897-1150, eff. 1-25-13; 98-49, eff. 7-1-13.)
19 Section 30. The Unified Code of Corrections is amended by
20changing Sections 3-2-2, 5-4.5-110, 5-8-1, 5-8-1.1, 5-8-1.2,
21and 5-8-1.3 as follows:
22 (730 ILCS 5/3-2-2) (from Ch. 38, par. 1003-2-2)
23 Sec. 3-2-2. Powers and duties of the Department.
24 (1) In addition to the powers, duties, and

HB3612- 57 -LRB102 15213 KMF 20568 b
1responsibilities which are otherwise provided by law, the
2Department shall have the following powers:
3 (a) To accept persons committed to it by the courts of
4 this State for care, custody, treatment and
5 rehabilitation, and to accept federal prisoners and aliens
6 over whom the Office of the Federal Detention Trustee is
7 authorized to exercise the federal detention function for
8 limited purposes and periods of time.
9 (b) To develop and maintain reception and evaluation
10 units for purposes of analyzing the custody and
11 rehabilitation needs of persons committed to it and to
12 assign such persons to institutions and programs under its
13 control or transfer them to other appropriate agencies. In
14 consultation with the Department of Alcoholism and
15 Substance Abuse (now the Department of Human Services),
16 the Department of Corrections shall develop a master plan
17 for the screening and evaluation of persons committed to
18 its custody who have alcohol or drug abuse problems, and
19 for making appropriate treatment available to such
20 persons; the Department shall report to the General
21 Assembly on such plan not later than April 1, 1987. The
22 maintenance and implementation of such plan shall be
23 contingent upon the availability of funds.
24 (b-1) To create and implement, on January 1, 2002, a
25 pilot program to establish the effectiveness of
26 pupillometer technology (the measurement of the pupil's

HB3612- 58 -LRB102 15213 KMF 20568 b
1 reaction to light) as an alternative to a urine test for
2 purposes of screening and evaluating persons committed to
3 its custody who have alcohol or drug problems. The pilot
4 program shall require the pupillometer technology to be
5 used in at least one Department of Corrections facility.
6 The Director may expand the pilot program to include an
7 additional facility or facilities as he or she deems
8 appropriate. A minimum of 4,000 tests shall be included in
9 the pilot program. The Department must report to the
10 General Assembly on the effectiveness of the program by
11 January 1, 2003.
12 (b-5) To develop, in consultation with the Department
13 of State Police, a program for tracking and evaluating
14 each inmate from commitment through release for recording
15 his or her gang affiliations, activities, or ranks.
16 (c) To maintain and administer all State correctional
17 institutions and facilities under its control and to
18 establish new ones as needed. Pursuant to its power to
19 establish new institutions and facilities, the Department
20 may, with the written approval of the Governor, authorize
21 the Department of Central Management Services to enter
22 into an agreement of the type described in subsection (d)
23 of Section 405-300 of the Department of Central Management
24 Services Law (20 ILCS 405/405-300). The Department shall
25 designate those institutions which shall constitute the
26 State Penitentiary System.

HB3612- 59 -LRB102 15213 KMF 20568 b
1 Pursuant to its power to establish new institutions
2 and facilities, the Department may authorize the
3 Department of Central Management Services to accept bids
4 from counties and municipalities for the construction,
5 remodeling or conversion of a structure to be leased to
6 the Department of Corrections for the purposes of its
7 serving as a correctional institution or facility. Such
8 construction, remodeling or conversion may be financed
9 with revenue bonds issued pursuant to the Industrial
10 Building Revenue Bond Act by the municipality or county.
11 The lease specified in a bid shall be for a term of not
12 less than the time needed to retire any revenue bonds used
13 to finance the project, but not to exceed 40 years. The
14 lease may grant to the State the option to purchase the
15 structure outright.
16 Upon receipt of the bids, the Department may certify
17 one or more of the bids and shall submit any such bids to
18 the General Assembly for approval. Upon approval of a bid
19 by a constitutional majority of both houses of the General
20 Assembly, pursuant to joint resolution, the Department of
21 Central Management Services may enter into an agreement
22 with the county or municipality pursuant to such bid.
23 (c-5) To build and maintain regional juvenile
24 detention centers and to charge a per diem to the counties
25 as established by the Department to defray the costs of
26 housing each minor in a center. In this subsection (c-5),

HB3612- 60 -LRB102 15213 KMF 20568 b
1 "juvenile detention center" means a facility to house
2 minors during pendency of trial who have been transferred
3 from proceedings under the Juvenile Court Act of 1987 to
4 prosecutions under the criminal laws of this State in
5 accordance with Section 5-805 of the Juvenile Court Act of
6 1987, whether the transfer was by operation of law or
7 permissive under that Section. The Department shall
8 designate the counties to be served by each regional
9 juvenile detention center.
10 (d) To develop and maintain programs of control,
11 rehabilitation and employment of committed persons within
12 its institutions.
13 (d-5) To provide a pre-release job preparation program
14 for inmates at Illinois adult correctional centers.
15 (d-10) To provide educational and visitation
16 opportunities to committed persons within its institutions
17 through temporary access to content-controlled tablets
18 that may be provided as a privilege to committed persons
19 to induce or reward compliance.
20 (e) To establish a system of supervision and guidance
21 of committed persons in the community.
22 (f) To establish in cooperation with the Department of
23 Transportation to supply a sufficient number of prisoners
24 for use by the Department of Transportation to clean up
25 the trash and garbage along State, county, township, or
26 municipal highways as designated by the Department of

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1 Transportation. The Department of Corrections, at the
2 request of the Department of Transportation, shall furnish
3 such prisoners at least annually for a period to be agreed
4 upon between the Director of Corrections and the Secretary
5 of Transportation. The prisoners used on this program
6 shall be selected by the Director of Corrections on
7 whatever basis he deems proper in consideration of their
8 term, behavior and earned eligibility to participate in
9 such program - where they will be outside of the prison
10 facility but still in the custody of the Department of
11 Corrections. Prisoners convicted of first degree murder,
12 or a Class X felony, or armed violence, or aggravated
13 kidnapping, or criminal sexual assault, aggravated
14 criminal sexual abuse or a subsequent conviction for
15 criminal sexual abuse, or forcible detention, or arson, or
16 a prisoner adjudged a Habitual Criminal shall not be
17 eligible for selection to participate in such program. The
18 prisoners shall remain as prisoners in the custody of the
19 Department of Corrections and such Department shall
20 furnish whatever security is necessary. The Department of
21 Transportation shall furnish trucks and equipment for the
22 highway cleanup program and personnel to supervise and
23 direct the program. Neither the Department of Corrections
24 nor the Department of Transportation shall replace any
25 regular employee with a prisoner.
26 (g) To maintain records of persons committed to it and

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1 to establish programs of research, statistics and
2 planning.
3 (h) To investigate the grievances of any person
4 committed to the Department and to inquire into any
5 alleged misconduct by employees or committed persons; and
6 for these purposes it may issue subpoenas and compel the
7 attendance of witnesses and the production of writings and
8 papers, and may examine under oath any witnesses who may
9 appear before it; to also investigate alleged violations
10 of a parolee's or releasee's conditions of parole or
11 release; and for this purpose it may issue subpoenas and
12 compel the attendance of witnesses and the production of
13 documents only if there is reason to believe that such
14 procedures would provide evidence that such violations
15 have occurred.
16 If any person fails to obey a subpoena issued under
17 this subsection, the Director may apply to any circuit
18 court to secure compliance with the subpoena. The failure
19 to comply with the order of the court issued in response
20 thereto shall be punishable as contempt of court.
21 (i) To appoint and remove the chief administrative
22 officers, and administer programs of training and
23 development of personnel of the Department. Personnel
24 assigned by the Department to be responsible for the
25 custody and control of committed persons or to investigate
26 the alleged misconduct of committed persons or employees

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1 or alleged violations of a parolee's or releasee's
2 conditions of parole shall be conservators of the peace
3 for those purposes, and shall have the full power of peace
4 officers outside of the facilities of the Department in
5 the protection, arrest, retaking and reconfining of
6 committed persons or where the exercise of such power is
7 necessary to the investigation of such misconduct or
8 violations. This subsection shall not apply to persons
9 committed to the Department of Juvenile Justice under the
10 Juvenile Court Act of 1987 on aftercare release.
11 (j) To cooperate with other departments and agencies
12 and with local communities for the development of
13 standards and programs for better correctional services in
14 this State.
15 (k) To administer all moneys and properties of the
16 Department.
17 (l) To report annually to the Governor on the
18 committed persons, institutions and programs of the
19 Department.
20 (l-5) (Blank).
21 (m) To make all rules and regulations and exercise all
22 powers and duties vested by law in the Department.
23 (n) To establish rules and regulations for
24 administering a system of sentence credits, established in
25 accordance with Section 3-6-3, subject to review by the
26 Prisoner Review Board.

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1 (o) To administer the distribution of funds from the
2 State Treasury to reimburse counties where State penal
3 institutions are located for the payment of assistant
4 state's attorneys' salaries under Section 4-2001 of the
5 Counties Code.
6 (p) To exchange information with the Department of
7 Human Services and the Department of Healthcare and Family
8 Services for the purpose of verifying living arrangements
9 and for other purposes directly connected with the
10 administration of this Code and the Illinois Public Aid
11 Code.
12 (q) To establish a diversion program.
13 The program shall provide a structured environment for
14 selected technical parole or mandatory supervised release
15 violators and committed persons who have violated the
16 rules governing their conduct while in work release. This
17 program shall not apply to those persons who have
18 committed a new offense while serving on parole or
19 mandatory supervised release or while committed to work
20 release.
21 Elements of the program shall include, but shall not
22 be limited to, the following:
23 (1) The staff of a diversion facility shall
24 provide supervision in accordance with required
25 objectives set by the facility.
26 (2) Participants shall be required to maintain

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1 employment.
2 (3) Each participant shall pay for room and board
3 at the facility on a sliding-scale basis according to
4 the participant's income.
5 (4) Each participant shall:
6 (A) provide restitution to victims in
7 accordance with any court order;
8 (B) provide financial support to his
9 dependents; and
10 (C) make appropriate payments toward any other
11 court-ordered obligations.
12 (5) Each participant shall complete community
13 service in addition to employment.
14 (6) Participants shall take part in such
15 counseling, educational and other programs as the
16 Department may deem appropriate.
17 (7) Participants shall submit to drug and alcohol
18 screening.
19 (8) The Department shall promulgate rules
20 governing the administration of the program.
21 (r) To enter into intergovernmental cooperation
22 agreements under which persons in the custody of the
23 Department may participate in a county impact
24 incarceration program established under Section 3-6038 or
25 3-15003.5 of the Counties Code.
26 (r-5) (Blank).

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1 (r-10) To systematically and routinely identify with
2 respect to each streetgang active within the correctional
3 system: (1) each active gang; (2) every existing
4 inter-gang affiliation or alliance; and (3) the current
5 leaders in each gang. The Department shall promptly
6 segregate leaders from inmates who belong to their gangs
7 and allied gangs. "Segregate" means no physical contact
8 and, to the extent possible under the conditions and space
9 available at the correctional facility, prohibition of
10 visual and sound communication. For the purposes of this
11 paragraph (r-10), "leaders" means persons who:
12 (i) are members of a criminal streetgang;
13 (ii) with respect to other individuals within the
14 streetgang, occupy a position of organizer,
15 supervisor, or other position of management or
16 leadership; and
17 (iii) are actively and personally engaged in
18 directing, ordering, authorizing, or requesting
19 commission of criminal acts by others, which are
20 punishable as a felony, in furtherance of streetgang
21 related activity both within and outside of the
22 Department of Corrections.
23 "Streetgang", "gang", and "streetgang related" have the
24 meanings ascribed to them in Section 10 of the Illinois
25 Streetgang Terrorism Omnibus Prevention Act.
26 (s) To operate a super-maximum security institution,

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1 in order to manage and supervise inmates who are
2 disruptive or dangerous and provide for the safety and
3 security of the staff and the other inmates.
4 (t) To monitor any unprivileged conversation or any
5 unprivileged communication, whether in person or by mail,
6 telephone, or other means, between an inmate who, before
7 commitment to the Department, was a member of an organized
8 gang and any other person without the need to show cause or
9 satisfy any other requirement of law before beginning the
10 monitoring, except as constitutionally required. The
11 monitoring may be by video, voice, or other method of
12 recording or by any other means. As used in this
13 subdivision (1)(t), "organized gang" has the meaning
14 ascribed to it in Section 10 of the Illinois Streetgang
15 Terrorism Omnibus Prevention Act.
16 As used in this subdivision (1)(t), "unprivileged
17 conversation" or "unprivileged communication" means a
18 conversation or communication that is not protected by any
19 privilege recognized by law or by decision, rule, or order
20 of the Illinois Supreme Court.
21 (u) To establish a Women's and Children's Pre-release
22 Community Supervision Program for the purpose of providing
23 housing and services to eligible female inmates, as
24 determined by the Department, and their newborn and young
25 children.
26 (u-5) To issue an order, whenever a person committed

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1 to the Department absconds or absents himself or herself,
2 without authority to do so, from any facility or program
3 to which he or she is assigned. The order shall be
4 certified by the Director, the Supervisor of the
5 Apprehension Unit, or any person duly designated by the
6 Director, with the seal of the Department affixed. The
7 order shall be directed to all sheriffs, coroners, and
8 police officers, or to any particular person named in the
9 order. Any order issued pursuant to this subdivision (1)
10 (u-5) shall be sufficient warrant for the officer or
11 person named in the order to arrest and deliver the
12 committed person to the proper correctional officials and
13 shall be executed the same as criminal process.
14 (v) To do all other acts necessary to carry out the
15 provisions of this Chapter.
16 (2) The Department of Corrections shall by January 1,
171998, consider building and operating a correctional facility
18within 100 miles of a county of over 2,000,000 inhabitants,
19especially a facility designed to house juvenile participants
20in the impact incarceration program.
21 (3) When the Department lets bids for contracts for
22medical services to be provided to persons committed to
23Department facilities by a health maintenance organization,
24medical service corporation, or other health care provider,
25the bid may only be let to a health care provider that has
26obtained an irrevocable letter of credit or performance bond

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1issued by a company whose bonds have an investment grade or
2higher rating by a bond rating organization.
3 (4) When the Department lets bids for contracts for food
4or commissary services to be provided to Department
5facilities, the bid may only be let to a food or commissary
6services provider that has obtained an irrevocable letter of
7credit or performance bond issued by a company whose bonds
8have an investment grade or higher rating by a bond rating
9organization.
10 (5) On and after the date 6 months after August 16, 2013
11(the effective date of Public Act 98-488), as provided in the
12Executive Order 1 (2012) Implementation Act, all of the
13powers, duties, rights, and responsibilities related to State
14healthcare purchasing under this Code that were transferred
15from the Department of Corrections to the Department of
16Healthcare and Family Services by Executive Order 3 (2005) are
17transferred back to the Department of Corrections; however,
18powers, duties, rights, and responsibilities related to State
19healthcare purchasing under this Code that were exercised by
20the Department of Corrections before the effective date of
21Executive Order 3 (2005) but that pertain to individuals
22resident in facilities operated by the Department of Juvenile
23Justice are transferred to the Department of Juvenile Justice.
24(Source: P.A. 100-198, eff. 1-1-18; 100-863, eff. 8-14-18;
25101-235, eff. 1-1-20.)

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1 (730 ILCS 5/5-4.5-110)
2 (Section scheduled to be repealed on January 1, 2023)
3 Sec. 5-4.5-110. SENTENCING GUIDELINES FOR INDIVIDUALS WITH
4PRIOR FELONY FIREARM-RELATED OR OTHER SPECIFIED CONVICTIONS.
5 (a) DEFINITIONS. For the purposes of this Section:
6 "Firearm" has the meaning ascribed to it in Section
7 1.1 of the Firearm Owners Identification Card Act.
8 "Qualifying predicate offense" means the following
9 offenses under the Criminal Code of 2012:
10 (A) aggravated unlawful use of a weapon under
11 Section 24-1.6 or similar offense under the Criminal
12 Code of 1961, when the weapon is a firearm;
13 (B) unlawful use or possession of a weapon by a
14 felon under Section 24-1.1 or similar offense under
15 the Criminal Code of 1961, when the weapon is a
16 firearm;
17 (C) first degree murder under Section 9-1 or
18 similar offense under the Criminal Code of 1961;
19 (D) attempted first degree murder with a firearm
20 or similar offense under the Criminal Code of 1961;
21 (E) aggravated kidnapping with a firearm under
22 paragraph (6) or (7) of subsection (a) of Section 10-2
23 or similar offense under the Criminal Code of 1961;
24 (F) aggravated battery with a firearm under
25 subsection (e) of Section 12-3.05 or similar offense
26 under the Criminal Code of 1961;

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1 (G) aggravated criminal sexual assault under
2 Section 11-1.30 or similar offense under the Criminal
3 Code of 1961;
4 (H) predatory criminal sexual assault of a child
5 under Section 11-1.40 or similar offense under the
6 Criminal Code of 1961;
7 (I) armed robbery under Section 18-2 or similar
8 offense under the Criminal Code of 1961;
9 (J) vehicular hijacking under Section 18-3 or
10 similar offense under the Criminal Code of 1961;
11 (K) aggravated vehicular hijacking under Section
12 18-4 or similar offense under the Criminal Code of
13 1961;
14 (L) home invasion with a firearm under paragraph
15 (3), (4), or (5) of subsection (a) of Section 19-6 or
16 similar offense under the Criminal Code of 1961;
17 (M) aggravated discharge of a firearm under
18 Section 24-1.2 or similar offense under the Criminal
19 Code of 1961;
20 (N) aggravated discharge of a machine gun or a
21 firearm equipped with a device designed or used for
22 silencing the report of a firearm under Section
23 24-1.2-5 or similar offense under the Criminal Code of
24 1961;
25 (0) unlawful use of firearm projectiles under
26 Section 24-2.1 or similar offense under the Criminal

HB3612- 72 -LRB102 15213 KMF 20568 b
1 Code of 1961;
2 (P) manufacture, sale, or transfer of bullets or
3 shells represented to be armor piercing bullets,
4 dragon's breath shotgun shells, bolo shells, or
5 flechette shells under Section 24-2.2 or similar
6 offense under the Criminal Code of 1961;
7 (Q) unlawful sale or delivery of firearms under
8 Section 24-3 or similar offense under the Criminal
9 Code of 1961;
10 (R) unlawful discharge of firearm projectiles
11 under Section 24-3.2 or similar offense under the
12 Criminal Code of 1961;
13 (S) unlawful sale or delivery of firearms on
14 school premises of any school under Section 24-3.3 or
15 similar offense under the Criminal Code of 1961;
16 (T) unlawful purchase of a firearm under Section
17 24-3.5 or similar offense under the Criminal Code of
18 1961;
19 (U) use of a stolen firearm in the commission of an
20 offense under Section 24-3.7 or similar offense under
21 the Criminal Code of 1961;
22 (V) possession of a stolen firearm under Section
23 24-3.8 or similar offense under the Criminal Code of
24 1961;
25 (W) aggravated possession of a stolen firearm
26 under Section 24-3.9 or similar offense under the

HB3612- 73 -LRB102 15213 KMF 20568 b
1 Criminal Code of 1961;
2 (X) gunrunning under Section 24-3A or similar
3 offense under the Criminal Code of 1961;
4 (Y) defacing identification marks of firearms
5 under Section 24-5 or similar offense under the
6 Criminal Code of 1961; and
7 (Z) (blank). armed violence under Section 33A-2 or
8 similar offense under the Criminal Code of 1961.
9 (b) APPLICABILITY. For an offense committed on or after
10the effective date of this amendatory Act of the 100th General
11Assembly and before January 1, 2023, when a person is
12convicted of unlawful use or possession of a weapon by a felon,
13when the weapon is a firearm, or aggravated unlawful use of a
14weapon, when the weapon is a firearm, after being previously
15convicted of a qualifying predicate offense the person shall
16be subject to the sentencing guidelines under this Section.
17 (c) SENTENCING GUIDELINES.
18 (1) When a person is convicted of unlawful use or
19 possession of a weapon by a felon, when the weapon is a
20 firearm, and that person has been previously convicted of
21 a qualifying predicate offense, the person shall be
22 sentenced to a term of imprisonment within the sentencing
23 range of not less than 7 years and not more than 14 years,
24 unless the court finds that a departure from the
25 sentencing guidelines under this paragraph is warranted
26 under subsection (d) of this Section.

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1 (2) When a person is convicted of aggravated unlawful
2 use of a weapon, when the weapon is a firearm, and that
3 person has been previously convicted of a qualifying
4 predicate offense, the person shall be sentenced to a term
5 of imprisonment within the sentencing range of not less
6 than 6 years and not more than 7 years, unless the court
7 finds that a departure from the sentencing guidelines
8 under this paragraph is warranted under subsection (d) of
9 this Section.
10 (3) The sentencing guidelines in paragraphs (1) and
11 (2) of this subsection (c) apply only to offenses
12 committed on and after the effective date of this
13 amendatory Act of the 100th General Assembly and before
14 January 1, 2023.
15 (d) DEPARTURE FROM SENTENCING GUIDELINES.
16 (1) At the sentencing hearing conducted under Section
17 5-4-1 of this Code, the court may depart from the
18 sentencing guidelines provided in subsection (c) of this
19 Section and impose a sentence otherwise authorized by law
20 for the offense if the court, after considering any factor
21 under paragraph (2) of this subsection (d) relevant to the
22 nature and circumstances of the crime and to the history
23 and character of the defendant, finds on the record
24 substantial and compelling justification that the sentence
25 within the sentencing guidelines would be unduly harsh and
26 that a sentence otherwise authorized by law would be

HB3612- 75 -LRB102 15213 KMF 20568 b
1 consistent with public safety and does not deprecate the
2 seriousness of the offense.
3 (2) In deciding whether to depart from the sentencing
4 guidelines under this paragraph, the court shall consider:
5 (A) the age, immaturity, or limited mental
6 capacity of the defendant at the time of commission of
7 the qualifying predicate or current offense, including
8 whether the defendant was suffering from a mental or
9 physical condition insufficient to constitute a
10 defense but significantly reduced the defendant's
11 culpability;
12 (B) the nature and circumstances of the qualifying
13 predicate offense;
14 (C) the time elapsed since the qualifying
15 predicate offense;
16 (D) the nature and circumstances of the current
17 offense;
18 (E) the defendant's prior criminal history;
19 (F) whether the defendant committed the qualifying
20 predicate or current offense under specific and
21 credible duress, coercion, threat, or compulsion;
22 (G) whether the defendant aided in the
23 apprehension of another felon or testified truthfully
24 on behalf of another prosecution of a felony; and
25 (H) whether departure is in the interest of the
26 person's rehabilitation, including employment or

HB3612- 76 -LRB102 15213 KMF 20568 b
1 educational or vocational training, after taking into
2 account any past rehabilitation efforts or
3 dispositions of probation or supervision, and the
4 defendant's cooperation or response to rehabilitation.
5 (3) When departing from the sentencing guidelines
6 under this Section, the court shall specify on the record,
7 the particular evidence, information, factor or factors,
8 or other reasons which led to the departure from the
9 sentencing guidelines. When departing from the sentencing
10 range in accordance with this subsection (d), the court
11 shall indicate on the sentencing order which departure
12 factor or factors outlined in paragraph (2) of this
13 subsection (d) led to the sentence imposed. The sentencing
14 order shall be filed with the clerk of the court and shall
15 be a public record.
16 (e) This Section is repealed on January 1, 2023.
17(Source: P.A. 100-3, eff. 1-1-18.)
18 (730 ILCS 5/5-8-1) (from Ch. 38, par. 1005-8-1)
19 Sec. 5-8-1. Natural life imprisonment; enhancements for
20use of a firearm; mandatory supervised release terms.
21 (a) Except as otherwise provided in the statute defining
22the offense or in Article 4.5 of Chapter V, a sentence of
23imprisonment for a felony shall be a determinate sentence set
24by the court under this Section, subject to Section 5-4.5-115
25of this Code, according to the following limitations:

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1 (1) for first degree murder,
2 (a) (blank),
3 (b) if a trier of fact finds beyond a reasonable
4 doubt that the murder was accompanied by exceptionally
5 brutal or heinous behavior indicative of wanton
6 cruelty or, except as set forth in subsection
7 (a)(1)(c) of this Section, that any of the aggravating
8 factors listed in subsection (b) or (b-5) of Section
9 9-1 of the Criminal Code of 1961 or the Criminal Code
10 of 2012 are present, the court may sentence the
11 defendant, subject to Section 5-4.5-105, to a term of
12 natural life imprisonment, or
13 (c) the court shall sentence the defendant to a
14 term of natural life imprisonment if the defendant, at
15 the time of the commission of the murder, had attained
16 the age of 18, and
17 (i) has previously been convicted of first
18 degree murder under any state or federal law, or
19 (ii) is found guilty of murdering more than
20 one victim, or
21 (iii) is found guilty of murdering a peace
22 officer, fireman, or emergency management worker
23 when the peace officer, fireman, or emergency
24 management worker was killed in the course of
25 performing his official duties, or to prevent the
26 peace officer or fireman from performing his

HB3612- 78 -LRB102 15213 KMF 20568 b
1 official duties, or in retaliation for the peace
2 officer, fireman, or emergency management worker
3 from performing his official duties, and the
4 defendant knew or should have known that the
5 murdered individual was a peace officer, fireman,
6 or emergency management worker, or
7 (iv) is found guilty of murdering an employee
8 of an institution or facility of the Department of
9 Corrections, or any similar local correctional
10 agency, when the employee was killed in the course
11 of performing his official duties, or to prevent
12 the employee from performing his official duties,
13 or in retaliation for the employee performing his
14 official duties, or
15 (v) is found guilty of murdering an emergency
16 medical technician - ambulance, emergency medical
17 technician - intermediate, emergency medical
18 technician - paramedic, ambulance driver or other
19 medical assistance or first aid person while
20 employed by a municipality or other governmental
21 unit when the person was killed in the course of
22 performing official duties or to prevent the
23 person from performing official duties or in
24 retaliation for performing official duties and the
25 defendant knew or should have known that the
26 murdered individual was an emergency medical

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1 technician - ambulance, emergency medical
2 technician - intermediate, emergency medical
3 technician - paramedic, ambulance driver, or other
4 medical assistant or first aid personnel, or
5 (vi) (blank), or
6 (vii) is found guilty of first degree murder
7 and the murder was committed by reason of any
8 person's activity as a community policing
9 volunteer or to prevent any person from engaging
10 in activity as a community policing volunteer. For
11 the purpose of this Section, "community policing
12 volunteer" has the meaning ascribed to it in
13 Section 2-3.5 of the Criminal Code of 2012.
14 For purposes of clause (v), "emergency medical
15 technician - ambulance", "emergency medical technician -
16 intermediate", "emergency medical technician -
17 paramedic", have the meanings ascribed to them in the
18 Emergency Medical Services (EMS) Systems Act.
19 (d) (blank); (i) if the person committed the
20 offense while armed with a firearm, 15 years shall
21 be added to the term of imprisonment imposed by
22 the court;
23 (ii) if, during the commission of the offense, the
24 person personally discharged a firearm, 20 years shall
25 be added to the term of imprisonment imposed by the
26 court;

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1 (iii) if, during the commission of the offense,
2 the person personally discharged a firearm that
3 proximately caused great bodily harm, permanent
4 disability, permanent disfigurement, or death to
5 another person, 25 years or up to a term of natural
6 life shall be added to the term of imprisonment
7 imposed by the court.
8 (2) (blank);
9 (2.5) for a person who has attained the age of 18 years
10 at the time of the commission of the offense and who is
11 convicted under the circumstances described in subdivision
12 (b)(1)(B) of Section 11-1.20 or paragraph (3) of
13 subsection (b) of Section 12-13, subdivision (d)(2) of
14 Section 11-1.30 or paragraph (2) of subsection (d) of
15 Section 12-14, subdivision (b)(1.2) of Section 11-1.40 or
16 paragraph (1.2) of subsection (b) of Section 12-14.1,
17 subdivision (b)(2) of Section 11-1.40 or paragraph (2) of
18 subsection (b) of Section 12-14.1 of the Criminal Code of
19 1961 or the Criminal Code of 2012, the sentence shall be a
20 term of natural life imprisonment.
21 (b) (Blank).
22 (c) (Blank).
23 (d) Subject to earlier termination under Section 3-3-8,
24the parole or mandatory supervised release term shall be
25written as part of the sentencing order and shall be as
26follows:

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1 (1) for first degree murder or a Class X felony except
2 for the offenses of predatory criminal sexual assault of a
3 child, aggravated criminal sexual assault, and criminal
4 sexual assault if committed on or after the effective date
5 of this amendatory Act of the 94th General Assembly and
6 except for the offense of aggravated child pornography
7 under Section 11-20.1B, 11-20.3, or 11-20.1 with
8 sentencing under subsection (c-5) of Section 11-20.1 of
9 the Criminal Code of 1961 or the Criminal Code of 2012, if
10 committed on or after January 1, 2009, 3 years;
11 (1.5) for a Class X felony except for the offenses of
12 predatory criminal sexual assault of a child, aggravated
13 criminal sexual assault, and criminal sexual assault if
14 committed on or after December 13, 2005 (the effective
15 date of Public Act 94-715) and except for the offense of
16 aggravated child pornography under Section 11-20.1B.
17 11-20.3, or 11-20.1 with sentencing under subsection (c-5)
18 of Section 11-20.1 of the Criminal Code of 1961 or the
19 Criminal Code of 2012, if committed on or after January 1,
20 2009, 18 months;
21 (2) for a Class 1 felony or a Class 2 felony except for
22 the offense of criminal sexual assault if committed on or
23 after December 13, 2005 ( the effective date of Public Act
24 94-715) this amendatory Act of the 94th General Assembly
25 and except for the offenses of manufacture and
26 dissemination of child pornography under clauses (a)(1)

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1 and (a)(2) of Section 11-20.1 of the Criminal Code of 1961
2 or the Criminal Code of 2012, if committed on or after
3 January 1, 2009, 12 months 2 years;
4 (3) except as provided in paragraph (4) or paragraph
5 (6) of this subsection (d), a mandatory supervised release
6 term shall not be imposed for a Class 3 felony or a Class 4
7 felony unless:
8 (A) the Prisoner Review Board, based on a
9 validated risk and needs assessment, determines it is
10 necessary for an offender to serve a mandatory
11 supervised release term; and
12 (B) if the Prisoner Review Board determines a
13 mandatory supervised release term is necessary
14 pursuant to subparagraph (A) of this paragraph (3),
15 the Prisoner Review Board shall specify the maximum
16 number of months of mandatory supervised release the
17 offender may serve, limited to a term of:
18 (i) 12 months for a Class 3 felony; and
19 (ii) 6 months for a Class 4 felony; for a Class
20 3 felony or a Class 4 felony, 1 year;
21 (4) for defendants who commit the offense of predatory
22 criminal sexual assault of a child, aggravated criminal
23 sexual assault, or criminal sexual assault, on or after
24 the effective date of this amendatory Act of the 94th
25 General Assembly, or who commit the offense of aggravated
26 child pornography under Section 11-20.1B, 11-20.3, or

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1 11-20.1 with sentencing under subsection (c-5) of Section
2 11-20.1 of the Criminal Code of 1961 or the Criminal Code
3 of 2012, manufacture of child pornography, or
4 dissemination of child pornography after January 1, 2009,
5 the term of mandatory supervised release shall range from
6 a minimum of 3 years to a maximum of the natural life of
7 the defendant;
8 (5) if the victim is under 18 years of age, for a
9 second or subsequent offense of aggravated criminal sexual
10 abuse or felony criminal sexual abuse, 4 years, at least
11 the first 2 years of which the defendant shall serve in an
12 electronic monitoring or home detention program under
13 Article 8A of Chapter V of this Code;
14 (6) for a felony domestic battery, aggravated domestic
15 battery, stalking, aggravated stalking, and a felony
16 violation of an order of protection, 4 years.
17 (e) (Blank).
18 (f) (Blank).
19(Source: P.A. 100-431, eff. 8-25-17; 100-1182, eff. 6-1-19;
20101-288, eff. 1-1-20.)
21 (730 ILCS 5/5-8-1.1) (from Ch. 38, par. 1005-8-1.1)
22 Sec. 5-8-1.1. Impact incarceration.
23 (a) The Department may establish and operate an impact
24incarceration program for eligible offenders. If the court
25finds under Section 5-4-1 that an offender sentenced to a term

HB3612- 84 -LRB102 15213 KMF 20568 b
1of imprisonment for a felony may meet the eligibility
2requirements of the Department, the court may in its
3sentencing order approve the offender for placement in the
4impact incarceration program conditioned upon his acceptance
5in the program by the Department. Notwithstanding the
6sentencing provisions of this Code, the sentencing order also
7shall provide that if the Department accepts the offender in
8the program and determines that the offender has successfully
9completed the impact incarceration program, the sentence shall
10be reduced to time considered served upon certification to the
11court by the Department that the offender has successfully
12completed the program. In the event the offender is not
13accepted for placement in the impact incarceration program or
14the offender does not successfully complete the program, his
15term of imprisonment shall be as set forth by the court in its
16sentencing order.
17 (b) In order to be eligible to participate in the impact
18incarceration program, the committed person shall meet all of
19the following requirements:
20 (1) The person must be not less than 17 years of age
21 nor more than 35 years of age.
22 (2) The person has not previously participated in the
23 impact incarceration program and has not previously served
24 more than one prior sentence of imprisonment for a felony
25 in an adult correctional facility.
26 (3) The person has not been convicted of a Class X

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1 felony, first or second degree murder, armed violence,
2 aggravated kidnapping, criminal sexual assault, aggravated
3 criminal sexual abuse or a subsequent conviction for
4 criminal sexual abuse, forcible detention, residential
5 arson, place of worship arson, or arson and has not been
6 convicted previously of any of those offenses.
7 (4) The person has been sentenced to a term of
8 imprisonment of 8 years or less.
9 (5) The person must be physically able to participate
10 in strenuous physical activities or labor.
11 (6) The person must not have any mental disorder or
12 disability that would prevent participation in the impact
13 incarceration program.
14 (7) The person has consented in writing to
15 participation in the impact incarceration program and to
16 the terms and conditions thereof.
17 (8) The person was recommended and approved for
18 placement in the impact incarceration program in the
19 court's sentencing order.
20 The Department may also consider, among other matters,
21whether the committed person has any outstanding detainers or
22warrants, whether the committed person has a history of
23escaping or absconding, whether participation in the impact
24incarceration program may pose a risk to the safety or
25security of any person and whether space is available.
26 (c) The impact incarceration program shall include, among

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1other matters, mandatory physical training and labor, military
2formation and drills, regimented activities, uniformity of
3dress and appearance, education and counseling, including drug
4counseling where appropriate.
5 (d) Privileges including visitation, commissary, receipt
6and retention of property and publications and access to
7television, radio and a library may be suspended or
8restricted, notwithstanding provisions to the contrary in this
9Code.
10 (e) Committed persons participating in the impact
11incarceration program shall adhere to all Department rules and
12all requirements of the program. Committed persons shall be
13informed of rules of behavior and conduct. Disciplinary
14procedures required by this Code or by Department rule are not
15applicable except in those instances in which the Department
16seeks to revoke good time.
17 (f) Participation in the impact incarceration program
18shall be for a period of 120 to 180 days. The period of time a
19committed person shall serve in the impact incarceration
20program shall not be reduced by the accumulation of good time.
21 (g) The committed person shall serve a term of mandatory
22supervised release as set forth in subsection (d) of Section
235-8-1.
24 (h) A committed person may be removed from the program for
25a violation of the terms or conditions of the program or in the
26event he is for any reason unable to participate. The

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1Department shall promulgate rules and regulations governing
2conduct which could result in removal from the program or in a
3determination that the committed person has not successfully
4completed the program. Committed persons shall have access to
5such rules, which shall provide that a committed person shall
6receive notice and have the opportunity to appear before and
7address one or more hearing officers. A committed person may
8be transferred to any of the Department's facilities prior to
9the hearing.
10 (i) The Department may terminate the impact incarceration
11program at any time.
12 (j) The Department shall report to the Governor and the
13General Assembly on or before September 30th of each year on
14the impact incarceration program, including the composition of
15the program by the offenders, by county of commitment,
16sentence, age, offense and race.
17 (k) The Department of Corrections shall consider the
18affirmative action plan approved by the Department of Human
19Rights in hiring staff at the impact incarceration facilities.
20(Source: P.A. 97-800, eff. 7-13-12.)
21 (730 ILCS 5/5-8-1.2)
22 Sec. 5-8-1.2. County impact incarceration.
23 (a) Legislative intent. It is the finding of the General
24Assembly that certain non-violent offenders eligible for
25sentences of incarceration may benefit from the rehabilitative

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1aspects of a county impact incarceration program. It is the
2intent of the General Assembly that such programs be
3implemented as provided by this Section. This Section shall
4not be construed to allow violent offenders to participate in
5a county impact incarceration program.
6 (b) Under the direction of the Sheriff and with the
7approval of the County Board of Commissioners, the Sheriff, in
8any county with more than 3,000,000 inhabitants, may establish
9and operate a county impact incarceration program for eligible
10offenders. If the court finds under Section 5-4-1 that an
11offender convicted of a felony meets the eligibility
12requirements of the Sheriff's county impact incarceration
13program, the court may sentence the offender to the county
14impact incarceration program. The Sheriff shall be responsible
15for monitoring all offenders who are sentenced to the county
16impact incarceration program, including the mandatory period
17of monitored release following the 120 to 180 days of impact
18incarceration. Offenders assigned to the county impact
19incarceration program under an intergovernmental agreement
20between the county and the Illinois Department of Corrections
21are exempt from the provisions of this mandatory period of
22monitored release. In the event the offender is not accepted
23for placement in the county impact incarceration program, the
24court shall proceed to sentence the offender to any other
25disposition authorized by this Code. If the offender does not
26successfully complete the program, the offender's failure to

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1do so shall constitute a violation of the sentence to the
2county impact incarceration program.
3 (c) In order to be eligible to be sentenced to a county
4impact incarceration program by the court, the person shall
5meet all of the following requirements:
6 (1) The person must be not less than 17 years of age
7 nor more than 35 years of age.
8 (2) The person has not previously participated in the
9 impact incarceration program and has not previously served
10 more than one prior sentence of imprisonment for a felony
11 in an adult correctional facility.
12 (3) The person has not been convicted of a Class X
13 felony, first or second degree murder, armed violence,
14 aggravated kidnapping, criminal sexual assault, aggravated
15 criminal sexual abuse or a subsequent conviction for
16 criminal sexual abuse, forcible detention, or arson and
17 has not been convicted previously of any of those
18 offenses.
19 (4) The person has been found in violation of
20 probation for an offense that is a Class 2, 3, or 4 felony
21 that is not a forcible felony as defined in Section 2-8 of
22 the Criminal Code of 2012 or a violent crime as defined in
23 subsection (c) of Section 3 of the Rights of Crime Victims
24 and Witnesses Act who otherwise could be sentenced to a
25 term of incarceration; or the person is convicted of an
26 offense that is a Class 2, 3, or 4 felony that is not a

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1 forcible felony as defined in Section 2-8 of the Criminal
2 Code of 2012 or a violent crime as defined in subsection
3 (c) of Section 3 of the Rights of Crime Victims and
4 Witnesses Act who has previously served a sentence of
5 probation for any felony offense and who otherwise could
6 be sentenced to a term of incarceration.
7 (5) The person must be physically able to participate
8 in strenuous physical activities or labor.
9 (6) The person must not have any mental disorder or
10 disability that would prevent participation in a county
11 impact incarceration program.
12 (7) The person was recommended and approved for
13 placement in the county impact incarceration program by
14 the Sheriff and consented in writing to participation in
15 the county impact incarceration program and to the terms
16 and conditions of the program. The Sheriff may consider,
17 among other matters, whether the person has any
18 outstanding detainers or warrants, whether the person has
19 a history of escaping or absconding, whether participation
20 in the county impact incarceration program may pose a risk
21 to the safety or security of any person and whether space
22 is available.
23 (c-5) The county impact incarceration program shall
24include, among other matters, mandatory physical training and
25labor, military formation and drills, regimented activities,
26uniformity of dress and appearance, education and counseling,

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1including drug counseling where appropriate.
2 (d) Privileges including visitation, commissary, receipt
3and retention of property and publications and access to
4television, radio, and a library may be suspended or
5restricted, notwithstanding provisions to the contrary in this
6Code.
7 (e) The Sheriff shall issue written rules and requirements
8for the program. Persons shall be informed of rules of
9behavior and conduct. Persons participating in the county
10impact incarceration program shall adhere to all rules and all
11requirements of the program.
12 (f) Participation in the county impact incarceration
13program shall be for a period of 120 to 180 days followed by a
14mandatory term of monitored release for at least 8 months and
15no more than 12 months supervised by the Sheriff. The period of
16time a person shall serve in the impact incarceration program
17shall not be reduced by the accumulation of good time. The
18court may also sentence the person to a period of probation to
19commence at the successful completion of the county impact
20incarceration program.
21 (g) If the person successfully completes the county impact
22incarceration program, the Sheriff shall certify the person's
23successful completion of the program to the court and to the
24county's State's Attorney. Upon successful completion of the
25county impact incarceration program and mandatory term of
26monitored release and if there is an additional period of

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1probation given, the person shall at that time begin his or her
2probationary sentence under the supervision of the Adult
3Probation Department.
4 (h) A person may be removed from the county impact
5incarceration program for a violation of the terms or
6conditions of the program or in the event he or she is for any
7reason unable to participate. The failure to complete the
8program for any reason, including the 8 to 12 month monitored
9release period, shall be deemed a violation of the county
10impact incarceration sentence. The Sheriff shall give notice
11to the State's Attorney of the person's failure to complete
12the program. The Sheriff shall file a petition for violation
13of the county impact incarceration sentence with the court and
14the State's Attorney may proceed on the petition under Section
155-6-4 of this Code. The Sheriff shall promulgate rules and
16regulations governing conduct which could result in removal
17from the program or in a determination that the person has not
18successfully completed the program.
19 The mandatory conditions of every county impact
20incarceration sentence shall include that the person either
21while in the program or during the period of monitored
22release:
23 (1) not violate any criminal statute of any
24 jurisdiction;
25 (2) report or appear in person before any such person
26 or agency as directed by the court or the Sheriff;

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1 (3) refrain from possessing a firearm or other
2 dangerous weapon;
3 (4) not leave the State without the consent of the
4 court or, in circumstances in which the reason for the
5 absence is of such an emergency nature that prior consent
6 by the court is not possible, without the prior
7 notification and approval of the Sheriff; and
8 (5) permit representatives of the Sheriff to visit at
9 the person's home or elsewhere to the extent necessary for
10 the Sheriff to monitor compliance with the program.
11 Persons shall have access to such rules, which shall
12 provide that a person shall receive notice of any such
13 violation.
14 (i) The Sheriff may terminate the county impact
15incarceration program at any time.
16 (j) The Sheriff shall report to the county board on or
17before September 30th of each year on the county impact
18incarceration program, including the composition of the
19program by the offenders, by county of commitment, sentence,
20age, offense, and race.
21(Source: P.A. 100-201, eff. 8-18-17.)
22 (730 ILCS 5/5-8-1.3)
23 Sec. 5-8-1.3. Pilot residential and transition treatment
24program for women.
25 (a) The General Assembly recognizes:

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1 (1) that drug-offending women with children who have
2 been in and out of the criminal justice system for years
3 are a serious problem;
4 (2) that the intergenerational cycle of women
5 continuously being part of the criminal justice system
6 needs to be broken;
7 (3) that the effects of drug offending women with
8 children disrupts family harmony and creates an atmosphere
9 that is not conducive to healthy childhood development;
10 (4) that there is a need for an effective residential
11 community supervision model to provide help to women to
12 become drug free, recover from trauma, focus on healthy
13 mother-child relationships, and establish economic
14 independence and long-term support;
15 (5) that certain non-violent women offenders with
16 children eligible for sentences of incarceration, may
17 benefit from the rehabilitative aspects of gender
18 responsive treatment programs and services. This Section
19 shall not be construed to allow violent offenders to
20 participate in a treatment program.
21 (b) Under the direction of the sheriff and with the
22approval of the county board of commissioners, the sheriff, in
23any county with more than 3,000,000 inhabitants, may operate a
24residential and transition treatment program for women
25established by the Illinois Department of Corrections if
26funding has been provided by federal, local or private

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1entities. If the court finds during the sentencing hearing
2conducted under Section 5-4-1 that a woman convicted of a
3felony meets the eligibility requirements of the sheriff's
4residential and transition treatment program for women, the
5court may refer the offender to the sheriff's residential and
6transition treatment program for women for consideration as a
7participant as an alternative to incarceration in the
8penitentiary. The sheriff shall be responsible for supervising
9all women who are placed in the residential and transition
10treatment program for women for the 12-month period. In the
11event that the woman is not accepted for placement in the
12sheriff's residential and transition treatment program for
13women, the court shall proceed to sentence the woman to any
14other disposition authorized by this Code. If the woman does
15not successfully complete the residential and transition
16treatment program for women, the woman's failure to do so
17shall constitute a violation of the sentence to the
18residential and transition treatment program for women.
19 (c) In order to be eligible to be a participant in the
20pilot residential and transition treatment program for women,
21the participant shall meet all of the following conditions:
22 (1) The woman has not been convicted of a violent
23 crime as defined in subsection (c) of Section 3 of the
24 Rights of Crime Victims and Witnesses Act, a Class X
25 felony, first or second degree murder, armed violence,
26 aggravated kidnapping, criminal sexual assault, aggravated

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1 criminal sexual abuse or a subsequent conviction for
2 criminal sexual abuse, forcible detention, or arson and
3 has not been previously convicted of any of those
4 offenses.
5 (2) The woman must undergo an initial assessment
6 evaluation to determine the treatment and program plan.
7 (3) The woman was recommended and accepted for
8 placement in the pilot residential and transition
9 treatment program for women by the Department of
10 Corrections and has consented in writing to participation
11 in the program under the terms and conditions of the
12 program. The Department of Corrections may consider
13 whether space is available.
14 (d) The program may include a substance abuse treatment
15program designed for women offenders, mental health, trauma,
16and medical treatment; parenting skills and family
17relationship counseling, preparation for a high school
18equivalency or vocational certificate; life skills program;
19job readiness and job skill training, and a community
20transition development plan.
21 (e) With the approval of the Department of Corrections,
22the sheriff shall issue requirements for the program and
23inform the participants who shall sign an agreement to adhere
24to all rules and all requirements for the pilot residential
25and transition treatment program.
26 (f) Participation in the pilot residential and transition

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1treatment program for women shall be for a period not to exceed
212 months. The period may not be reduced by accumulation of
3good time.
4 (g) If the woman successfully completes the pilot
5residential and transition treatment program for women, the
6sheriff shall notify the Department of Corrections, the court,
7and the State's Attorney of the county of the woman's
8successful completion.
9 (h) A woman may be removed from the pilot residential and
10transition treatment program for women for violation of the
11terms and conditions of the program or in the event she is
12unable to participate. The failure to complete the program
13shall be deemed a violation of the conditions of the program.
14The sheriff shall give notice to the Department of
15Corrections, the court, and the State's Attorney of the
16woman's failure to complete the program. The Department of
17Corrections or its designee shall file a petition alleging
18that the woman has violated the conditions of the program with
19the court. The State's Attorney may proceed on the petition
20under Section 5-4-1 of this Code.
21 (i) The conditions of the pilot residential and transition
22treatment program for women shall include that the woman while
23in the program:
24 (1) not violate any criminal statute of any
25 jurisdiction;
26 (2) report or appear in person before any person or

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1 agency as directed by the court, the sheriff, or
2 Department of Corrections;
3 (3) refrain from possessing a firearm or other
4 dangerous weapon;
5 (4) consent to drug testing;
6 (5) not leave the State without the consent of the
7 court or, in circumstances in which reason for the absence
8 is of such an emergency nature that prior consent by the
9 court is not possible, without prior notification and
10 approval of the Department of Corrections;
11 (6) upon placement in the program, must agree to
12 follow all requirements of the program.
13 (j) The Department of Corrections or the sheriff may
14terminate the program at any time by mutual agreement or with
1530 days prior written notice by either the Department of
16Corrections or the sheriff.
17 (k) The Department of Corrections may enter into a joint
18contract with a county with more than 3,000,000 inhabitants to
19establish and operate a pilot residential and treatment
20program for women.
21 (l) The Director of the Department of Corrections shall
22have the authority to develop rules to establish and operate a
23pilot residential and treatment program for women that shall
24include criteria for selection of the participants of the
25program in conjunction and approval by the sentencing court.
26Violent crime offenders are not eligible to participate in the

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1program.
2 (m) The Department shall report to the Governor and the
3General Assembly before September 30th of each year on the
4pilot residential and treatment program for women, including
5the composition of the program by offenders, sentence, age,
6offense, and race. Reporting is only required if the pilot
7residential and treatment program for women is operational.
8 (n) The Department of Corrections or the sheriff may
9terminate the program with 30 days prior written notice.
10 (o) A county with more than 3,000,000 inhabitants is
11authorized to apply for funding from federal, local or private
12entities to create a Residential and Treatment Program for
13Women. This sentencing option may not go into effect until the
14funding is secured for the program and the program has been
15established.
16(Source: P.A. 97-800, eff. 7-13-12; 98-718, eff. 1-1-15.)

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1 INDEX
2 Statutes amended in order of appearance