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

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

Download: Illinois-2021-HB3612-Introduced.html

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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.
LRB102 15213 KMF 20568 b
A BILL FOR
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AN ACT concerning criminal law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Counties Code is amended by changing
Section 3-6039 as follows:
(55 ILCS 5/3-6039)
Sec. 3-6039. County juvenile impact incarceration program.
(a) With the approval of the county board, the Department
of Probation and Court Services in any county shall have the
power to operate a county juvenile impact incarceration
program for eligible delinquent minors. If the court finds
that a minor adjudicated a delinquent meets the eligibility
requirements of this Section, the court may in its
dispositional order approve the delinquent minor for placement
in the county juvenile impact incarceration program
conditioned upon his or her acceptance in the program by the
Department of Probation and Court Services. The dispositional
order also shall provide that if the Department of Probation
and Court Services accepts the delinquent minor in the program
and determines that the delinquent minor has successfully
completed the county juvenile impact incarceration program,
the delinquent minor's detention shall be reduced to time
considered served upon certification to the court by the

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

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

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

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of Probation and Court Services shall promulgate rules
governing conduct that could result in removal from the
program or in a determination that the delinquent minor has
not successfully completed the program. Delinquent minors
shall have access to these rules. The rules shall provide that
the delinquent minor shall receive notice and have the
opportunity to appear before and address the Department of
Probation and Court Services or a person appointed by the
Department of Probation and Court Services for this purpose. A
delinquent minor may be transferred to any juvenile facilities
prior to the hearing.
(h) If the Department of Probation and Court Services
accepts the delinquent minor in the program and determines
that the delinquent minor has successfully completed the
county juvenile impact incarceration program, the court shall
discharge the minor from custody upon certification to the
court by the Department of Probation and Court Services that
the delinquent minor has successfully completed the program.
In the event the delinquent minor is not accepted for
placement in the county juvenile impact incarceration program
or the delinquent minor does not successfully complete the
program, his or her commitment to the Department of Juvenile
Justice or juvenile detention shall be as set forth by the
court in its dispositional order.
(i) The Department of Probation and Court Services, with
the approval of the county board, shall have the power to enter

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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99-642, eff. 7-28-16.)
(720 ILCS 5/11-1.40) (was 720 ILCS 5/12-14.1)
Sec. 11-1.40. Predatory criminal sexual assault of a
child.
(a) A person commits predatory criminal sexual assault of
a child if that person is 17 years of age or older, and commits
an act of contact, however slight, between the sex organ or
anus of one person and the part of the body of another for the
purpose of sexual gratification or arousal of the victim or
the accused, or an act of sexual penetration, and:
(1) the victim is under 13 years of age; or
(2) the victim is under 13 years of age and that
person:
(A) (blank); is armed with a firearm;
(B) (blank); personally discharges a firearm
during the commission of the offense;
(C) causes great bodily harm to the victim that:
(i) results in permanent disability; or
(ii) is life threatening; or
(D) delivers (by injection, inhalation, ingestion,
transfer of possession, or any other means) any
controlled substance to the victim without the
victim's consent or by threat or deception, for other
than medical purposes.
(b) Sentence.

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

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predatory criminal sexual assault of a child in violation
of subsection (a)(2)(D) shall be sentenced under Section
5-4.5-105 of the Unified Code of Corrections.
(1.2) A person who has attained the age of 18 years at
the time of the commission of the offense and convicted of
predatory criminal sexual assault of a child committed
against 2 or more persons regardless of whether the
offenses occurred as the result of the same act or of
several related or unrelated acts shall be sentenced to a
term of natural life imprisonment and an offender under
the age of 18 years at the time of the commission of the
offense shall be sentenced under Section 5-4.5-105 of the
Unified Code of Corrections.
(2) A person who has attained the age of 18 years at
the time of the commission of the offense and who is
convicted of a second or subsequent offense of predatory
criminal sexual assault of a child, or who is convicted of
the offense of predatory criminal sexual assault of a
child after having previously been convicted of the
offense of criminal sexual assault or the offense of
aggravated criminal sexual assault, or who is convicted of
the offense of predatory criminal sexual assault of a
child after having previously been convicted under the
laws of this State or any other state of an offense that is
substantially equivalent to the offense of predatory
criminal sexual assault of a child, the offense of

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

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(2) A teacher or school employee upon school grounds
or grounds adjacent to a school or in any part of a
building used for school purposes.
(3) A park district employee upon park grounds or
grounds adjacent to a park or in any part of a building
used for park purposes.
(4) A community policing volunteer, private security
officer, or utility worker:
(i) performing his or her official duties;
(ii) assaulted to prevent performance of his or
her official duties; or
(iii) assaulted in retaliation for performing his
or her official duties.
(4.1) A peace officer, fireman, emergency management
worker, or emergency medical services personnel:
(i) performing his or her official duties;
(ii) assaulted to prevent performance of his or
her official duties; or
(iii) assaulted in retaliation for performing his
or her official duties.
(5) A correctional officer or probation officer:
(i) performing his or her official duties;
(ii) assaulted to prevent performance of his or
her official duties; or
(iii) assaulted in retaliation for performing his
or her official duties.

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

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

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

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

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(i) performing his or her official duties;
(ii) battered to prevent performance of his or her
official duties; or
(iii) battered in retaliation for performing his
or her official duties.
(4) Causes great bodily harm or permanent disability
or disfigurement to an individual 60 years of age or
older.
(5) Strangles another individual.
(b) Offense based on injury to a child or person with an
intellectual disability. A person who is at least 18 years of
age commits aggravated battery when, in committing a battery,
he or she knowingly and without legal justification by any
means:
(1) causes great bodily harm or permanent disability
or disfigurement to any child under the age of 13 years, or
to any person with a severe or profound intellectual
disability; or
(2) causes bodily harm or disability or disfigurement
to any child under the age of 13 years or to any person
with a severe or profound intellectual disability.
(c) Offense based on location of conduct. A person commits
aggravated battery when, in committing a battery, other than
by the discharge of a firearm, he or she is or the person
battered is on or about a public way, public property, a public
place of accommodation or amusement, a sports venue, or a

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domestic violence shelter, or in a church, synagogue, mosque,
or other building, structure, or place used for religious
worship.
(d) Offense based on status of victim. A person commits
aggravated battery when, in committing a battery, other than
by discharge of a firearm, he or she knows the individual
battered to be any of the following:
(1) A person 60 years of age or older.
(2) A person who is pregnant or has a physical
disability.
(3) A teacher or school employee upon school grounds
or grounds adjacent to a school or in any part of a
building used for school purposes.
(4) A peace officer, community policing volunteer,
fireman, private security officer, correctional
institution employee, or Department of Human Services
employee supervising or controlling sexually dangerous
persons or sexually violent persons:
(i) performing his or her official duties;
(ii) battered to prevent performance of his or her
official duties; or
(iii) battered in retaliation for performing his
or her official duties.
(5) A judge, emergency management worker, emergency
medical services personnel, or utility worker:
(i) performing his or her official duties;

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

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

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(i) performing his or her official duties;
(ii) battered to prevent performance of his or her
official duties; or
(iii) battered in retaliation for performing his
or her official duties.
(4) Discharges a firearm and causes any injury to a
person he or she knows to be a teacher, a student in a
school, or a school employee, and the teacher, student, or
employee is upon school grounds or grounds adjacent to a
school or in any part of a building used for school
purposes.
(5) Discharges a machine gun or a firearm equipped
with a silencer, and causes any injury to another person.
(6) Discharges a machine gun or a firearm equipped
with a silencer, and causes any injury to a person he or
she knows to be a peace officer, community policing
volunteer, person summoned by a police officer, fireman,
private security officer, correctional institution
employee or emergency management worker:
(i) performing his or her official duties;
(ii) battered to prevent performance of his or her
official duties; or
(iii) battered in retaliation for performing his
or her official duties.
(7) Discharges a machine gun or a firearm equipped
with a silencer, and causes any injury to a person he or

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

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

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

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violation of subdivision (a)(5) under the laws of this
State or laws similar to subdivision (a)(5) of any other
state.
Aggravated battery as defined in subdivision (e)(1) is a
Class X felony.
Aggravated battery as defined in subdivision (a)(2) is a
Class X felony for which a person shall be sentenced to a term
of imprisonment of a minimum of 6 years and a maximum of 45
years.
Aggravated battery as defined in subdivision (e)(5) is a
Class X felony for which a person shall be sentenced to a term
of imprisonment of a minimum of 12 years and a maximum of 45
years.
Aggravated battery as defined in subdivision (e)(2),
(e)(3), or (e)(4) is a Class X felony for which a person shall
be sentenced to a term of imprisonment of a minimum of 15 years
and a maximum of 60 years.
Aggravated battery as defined in subdivision (e)(6),
(e)(7), or (e)(8) is a Class X felony for which a person shall
be sentenced to a term of imprisonment of a minimum of 20 years
and a maximum of 60 years.
Aggravated battery as defined in subdivision (b)(1) is a
Class X felony, except that:
(1) if the person committed the offense while armed
with a firearm, 15 years shall be added to the term of
imprisonment imposed by the court;

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

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

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

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

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

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

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

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

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

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(1) any partnership, corporation, association,
business or charitable trust, or other legal entity; and
(2) any group of individuals or other legal entities,
or any combination thereof, associated in fact although
not itself a legal entity. An association in fact must be
held together by a common purpose of engaging in a course
of conduct, and it may be associated together for purposes
that are both legal and illegal. An association in fact
must:
(A) have an ongoing organization or structure,
either formal or informal;
(B) the various members of the group must function
as a continuing unit, even if the group changes
membership by gaining or losing members over time; and
(C) have an ascertainable structure distinct from
that inherent in the conduct of a pattern of predicate
activity.
As used in this Article, "enterprise" includes licit and
illicit enterprises.
(c) "Labor organization" includes any organization, labor
union, craft union, or any voluntary unincorporated
association designed to further the cause of the rights of
union labor that is constituted for the purpose, in whole or in
part, of collective bargaining or of dealing with employers
concerning grievances, terms or conditions of employment, or
apprenticeships or applications for apprenticeships, or of

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

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

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

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

HB3612 - 55 - LRB102 15213 KMF 20568 b
Act, who has been diagnosed by a physician to suffer from (i)
any form of dementia, developmental disability, or other form
of mental incapacity or (ii) any physical infirmity, including
but not limited to prosecutions for violations of Sections
10-1, 10-2, 10-3, 10-3.1, 10-4, 11-1.20, 11-1.30, 11-1.40,
11-1.50, 11-1.60, 11-11, 12-1, 12-2, 12-3, 12-3.05, 12-3.2,
12-3.3, 12-4, 12-4.1, 12-4.2, 12-4.5, 12-4.6, 12-4.7, 12-5,
12-6, 12-7.3, 12-7.4, 12-11, 12-11.1, 12-13, 12-14, 12-15,
12-16, 12-21, 16-1, 16-1.3, 17-1, 17-3, 17-56, 18-1, 18-2,
18-3, 18-4, 18-5, 18-6, 19-6, 20-1.1, or 24-1.2, and 33A-2, or
subsection (b) of Section 12-4.4a of the Criminal Code of
2012, the following evidence shall be admitted as an exception
to the hearsay rule:
(1) testimony by an eligible adult, of an out of court
statement made by the eligible adult, that he or she
complained of such act to another; and
(2) testimony of an out of court statement made by the
eligible adult, describing any complaint of such act or
matter or detail pertaining to any act which is an element
of an offense which is the subject of a prosecution for a
physical act, abuse, neglect, or financial exploitation
perpetrated upon or against the eligible adult.
(b) Such testimony shall only be admitted if:
(1) The court finds in a hearing conducted outside the
presence of the jury that the time, content, and
circumstances of the statement provide sufficient

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

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

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

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Pursuant to its power to establish new institutions
and facilities, the Department may authorize the
Department of Central Management Services to accept bids
from counties and municipalities for the construction,
remodeling or conversion of a structure to be leased to
the Department of Corrections for the purposes of its
serving as a correctional institution or facility. Such
construction, remodeling or conversion may be financed
with revenue bonds issued pursuant to the Industrial
Building Revenue Bond Act by the municipality or county.
The lease specified in a bid shall be for a term of not
less than the time needed to retire any revenue bonds used
to finance the project, but not to exceed 40 years. The
lease may grant to the State the option to purchase the
structure outright.
Upon receipt of the bids, the Department may certify
one or more of the bids and shall submit any such bids to
the General Assembly for approval. Upon approval of a bid
by a constitutional majority of both houses of the General
Assembly, pursuant to joint resolution, the Department of
Central Management Services may enter into an agreement
with the county or municipality pursuant to such bid.
(c-5) To build and maintain regional juvenile
detention centers and to charge a per diem to the counties
as established by the Department to defray the costs of
housing each minor in a center. In this subsection (c-5),

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

HB3612 - 61 - LRB102 15213 KMF 20568 b
Transportation. The Department of Corrections, at the
request of the Department of Transportation, shall furnish
such prisoners at least annually for a period to be agreed
upon between the Director of Corrections and the Secretary
of Transportation. The prisoners used on this program
shall be selected by the Director of Corrections on
whatever basis he deems proper in consideration of their
term, behavior and earned eligibility to participate in
such program - where they will be outside of the prison
facility but still in the custody of the Department of
Corrections. Prisoners convicted of first degree murder,
or a Class X felony, or armed violence, or aggravated
kidnapping, or criminal sexual assault, aggravated
criminal sexual abuse or a subsequent conviction for
criminal sexual abuse, or forcible detention, or arson, or
a prisoner adjudged a Habitual Criminal shall not be
eligible for selection to participate in such program. The
prisoners shall remain as prisoners in the custody of the
Department of Corrections and such Department shall
furnish whatever security is necessary. The Department of
Transportation shall furnish trucks and equipment for the
highway cleanup program and personnel to supervise and
direct the program. Neither the Department of Corrections
nor the Department of Transportation shall replace any
regular employee with a prisoner.
(g) To maintain records of persons committed to it and

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

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

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

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

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

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

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to the Department absconds or absents himself or herself,
without authority to do so, from any facility or program
to which he or she is assigned. The order shall be
certified by the Director, the Supervisor of the
Apprehension Unit, or any person duly designated by the
Director, with the seal of the Department affixed. The
order shall be directed to all sheriffs, coroners, and
police officers, or to any particular person named in the
order. Any order issued pursuant to this subdivision (1)
(u-5) shall be sufficient warrant for the officer or
person named in the order to arrest and deliver the
committed person to the proper correctional officials and
shall be executed the same as criminal process.
(v) To do all other acts necessary to carry out the
provisions of this Chapter.
(2) The Department of Corrections shall by January 1,
1998, consider building and operating a correctional facility
within 100 miles of a county of over 2,000,000 inhabitants,
especially a facility designed to house juvenile participants
in the impact incarceration program.
(3) When the Department lets bids for contracts for
medical services to be provided to persons committed to
Department facilities by a health maintenance organization,
medical service corporation, or other health care provider,
the bid may only be let to a health care provider that has
obtained an irrevocable letter of credit or performance bond

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issued by a company whose bonds have an investment grade or
higher rating by a bond rating organization.
(4) When the Department lets bids for contracts for food
or commissary services to be provided to Department
facilities, the bid may only be let to a food or commissary
services provider that has obtained an irrevocable letter of
credit or performance bond issued by a company whose bonds
have an investment grade or higher rating by a bond rating
organization.
(5) On and after the date 6 months after August 16, 2013
(the effective date of Public Act 98-488), as provided in the
Executive Order 1 (2012) Implementation Act, all of the
powers, duties, rights, and responsibilities related to State
healthcare purchasing under this Code that were transferred
from the Department of Corrections to the Department of
Healthcare and Family Services by Executive Order 3 (2005) are
transferred back to the Department of Corrections; however,
powers, duties, rights, and responsibilities related to State
healthcare purchasing under this Code that were exercised by
the Department of Corrections before the effective date of
Executive Order 3 (2005) but that pertain to individuals
resident in facilities operated by the Department of Juvenile
Justice are transferred to the Department of Juvenile Justice.
(Source: P.A. 100-198, eff. 1-1-18; 100-863, eff. 8-14-18;
101-235, eff. 1-1-20.)

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

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(G) aggravated criminal sexual assault under
Section 11-1.30 or similar offense under the Criminal
Code of 1961;
(H) predatory criminal sexual assault of a child
under Section 11-1.40 or similar offense under the
Criminal Code of 1961;
(I) armed robbery under Section 18-2 or similar
offense under the Criminal Code of 1961;
(J) vehicular hijacking under Section 18-3 or
similar offense under the Criminal Code of 1961;
(K) aggravated vehicular hijacking under Section
18-4 or similar offense under the Criminal Code of
1961;
(L) home invasion with a firearm under paragraph
(3), (4), or (5) of subsection (a) of Section 19-6 or
similar offense under the Criminal Code of 1961;
(M) aggravated discharge of a firearm under
Section 24-1.2 or similar offense under the Criminal
Code of 1961;
(N) aggravated discharge of a machine gun or a
firearm equipped with a device designed or used for
silencing the report of a firearm under Section
24-1.2-5 or similar offense under the Criminal Code of
1961;
(0) unlawful use of firearm projectiles under
Section 24-2.1 or similar offense under the Criminal

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Code of 1961;
(P) manufacture, sale, or transfer of bullets or
shells represented to be armor piercing bullets,
dragon's breath shotgun shells, bolo shells, or
flechette shells under Section 24-2.2 or similar
offense under the Criminal Code of 1961;
(Q) unlawful sale or delivery of firearms under
Section 24-3 or similar offense under the Criminal
Code of 1961;
(R) unlawful discharge of firearm projectiles
under Section 24-3.2 or similar offense under the
Criminal Code of 1961;
(S) unlawful sale or delivery of firearms on
school premises of any school under Section 24-3.3 or
similar offense under the Criminal Code of 1961;
(T) unlawful purchase of a firearm under Section
24-3.5 or similar offense under the Criminal Code of
1961;
(U) use of a stolen firearm in the commission of an
offense under Section 24-3.7 or similar offense under
the Criminal Code of 1961;
(V) possession of a stolen firearm under Section
24-3.8 or similar offense under the Criminal Code of
1961;
(W) aggravated possession of a stolen firearm
under Section 24-3.9 or similar offense under the

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

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

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consistent with public safety and does not deprecate the
seriousness of the offense.
(2) In deciding whether to depart from the sentencing
guidelines under this paragraph, the court shall consider:
(A) the age, immaturity, or limited mental
capacity of the defendant at the time of commission of
the qualifying predicate or current offense, including
whether the defendant was suffering from a mental or
physical condition insufficient to constitute a
defense but significantly reduced the defendant's
culpability;
(B) the nature and circumstances of the qualifying
predicate offense;
(C) the time elapsed since the qualifying
predicate offense;
(D) the nature and circumstances of the current
offense;
(E) the defendant's prior criminal history;
(F) whether the defendant committed the qualifying
predicate or current offense under specific and
credible duress, coercion, threat, or compulsion;
(G) whether the defendant aided in the
apprehension of another felon or testified truthfully
on behalf of another prosecution of a felony; and
(H) whether departure is in the interest of the
person's rehabilitation, including employment or

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

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

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official duties, or in retaliation for the peace
officer, fireman, or emergency management worker
from performing his official duties, and the
defendant knew or should have known that the
murdered individual was a peace officer, fireman,
or emergency management worker, or
(iv) is found guilty of murdering an employee
of an institution or facility of the Department of
Corrections, or any similar local correctional
agency, when the employee was killed in the course
of performing his official duties, or to prevent
the employee from performing his official duties,
or in retaliation for the employee performing his
official duties, or
(v) is found guilty of murdering an emergency
medical technician - ambulance, emergency medical
technician - intermediate, emergency medical
technician - paramedic, ambulance driver or other
medical assistance or first aid person while
employed by a municipality or other governmental
unit when the person was killed in the course of
performing official duties or to prevent the
person from performing official duties or in
retaliation for performing official duties and the
defendant knew or should have known that the
murdered individual was an emergency medical

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

HB3612 - 80 - LRB102 15213 KMF 20568 b
(iii) if, during the commission of the offense,
the person personally discharged a firearm that
proximately caused great bodily harm, permanent
disability, permanent disfigurement, or death to
another person, 25 years or up to a term of natural
life shall be added to the term of imprisonment
imposed by the court.
(2) (blank);
(2.5) for a person who has attained the age of 18 years
at the time of the commission of the offense and who is
convicted under the circumstances described in subdivision
(b)(1)(B) of Section 11-1.20 or paragraph (3) of
subsection (b) of Section 12-13, subdivision (d)(2) of
Section 11-1.30 or paragraph (2) of subsection (d) of
Section 12-14, subdivision (b)(1.2) of Section 11-1.40 or
paragraph (1.2) of subsection (b) of Section 12-14.1,
subdivision (b)(2) of Section 11-1.40 or paragraph (2) of
subsection (b) of Section 12-14.1 of the Criminal Code of
1961 or the Criminal Code of 2012, the sentence shall be a
term of natural life imprisonment.
(b) (Blank).
(c) (Blank).
(d) Subject to earlier termination under Section 3-3-8,
the parole or mandatory supervised release term shall be
written as part of the sentencing order and shall be as
follows:

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

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

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11-20.1 with sentencing under subsection (c-5) of Section
11-20.1 of the Criminal Code of 1961 or the Criminal Code
of 2012, manufacture of child pornography, or
dissemination of child pornography after January 1, 2009,
the term of mandatory supervised release shall range from
a minimum of 3 years to a maximum of the natural life of
the defendant;
(5) if the victim is under 18 years of age, for a
second or subsequent offense of aggravated criminal sexual
abuse or felony criminal sexual abuse, 4 years, at least
the first 2 years of which the defendant shall serve in an
electronic monitoring or home detention program under
Article 8A of Chapter V of this Code;
(6) for a felony domestic battery, aggravated domestic
battery, stalking, aggravated stalking, and a felony
violation of an order of protection, 4 years.
(e) (Blank).
(f) (Blank).
(Source: P.A. 100-431, eff. 8-25-17; 100-1182, eff. 6-1-19;
101-288, eff. 1-1-20.)
(730 ILCS 5/5-8-1.1) (from Ch. 38, par. 1005-8-1.1)
Sec. 5-8-1.1. Impact incarceration.
(a) The Department may establish and operate an impact
incarceration program for eligible offenders. If the court
finds under Section 5-4-1 that an offender sentenced to a term

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of imprisonment for a felony may meet the eligibility
requirements of the Department, the court may in its
sentencing order approve the offender for placement in the
impact incarceration program conditioned upon his acceptance
in the program by the Department. Notwithstanding the
sentencing provisions of this Code, the sentencing order also
shall provide that if the Department accepts the offender in
the program and determines that the offender has successfully
completed the impact incarceration program, the sentence shall
be reduced to time considered served upon certification to the
court by the Department that the offender has successfully
completed the program. In the event the offender is not
accepted for placement in the impact incarceration program or
the offender does not successfully complete the program, his
term of imprisonment shall be as set forth by the court in its
sentencing order.
(b) In order to be eligible to participate in the impact
incarceration program, the committed person shall meet all of
the following requirements:
(1) The person must be not less than 17 years of age
nor more than 35 years of age.
(2) The person has not previously participated in the
impact incarceration program and has not previously served
more than one prior sentence of imprisonment for a felony
in an adult correctional facility.
(3) The person has not been convicted of a Class X

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

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

HB3612 - 87 - LRB102 15213 KMF 20568 b
Department shall promulgate rules and regulations governing
conduct which could result in removal from the program or in a
determination that the committed person has not successfully
completed the program. Committed persons shall have access to
such rules, which shall provide that a committed person shall
receive notice and have the opportunity to appear before and
address one or more hearing officers. A committed person may
be transferred to any of the Department's facilities prior to
the hearing.
(i) The Department may terminate the impact incarceration
program at any time.
(j) The Department shall report to the Governor and the
General Assembly on or before September 30th of each year on
the impact incarceration program, including the composition of
the program by the offenders, by county of commitment,
sentence, age, offense and race.
(k) The Department of Corrections shall consider the
affirmative action plan approved by the Department of Human
Rights in hiring staff at the impact incarceration facilities.
(Source: P.A. 97-800, eff. 7-13-12.)
(730 ILCS 5/5-8-1.2)
Sec. 5-8-1.2. County impact incarceration.
(a) Legislative intent. It is the finding of the General
Assembly that certain non-violent offenders eligible for
sentences of incarceration may benefit from the rehabilitative

HB3612 - 88 - LRB102 15213 KMF 20568 b
aspects of a county impact incarceration program. It is the
intent of the General Assembly that such programs be
implemented as provided by this Section. This Section shall
not be construed to allow violent offenders to participate in
a county impact incarceration program.
(b) Under the direction of the Sheriff and with the
approval of the County Board of Commissioners, the Sheriff, in
any county with more than 3,000,000 inhabitants, may establish
and operate a county impact incarceration program for eligible
offenders. If the court finds under Section 5-4-1 that an
offender convicted of a felony meets the eligibility
requirements of the Sheriff's county impact incarceration
program, the court may sentence the offender to the county
impact incarceration program. The Sheriff shall be responsible
for monitoring all offenders who are sentenced to the county
impact incarceration program, including the mandatory period
of monitored release following the 120 to 180 days of impact
incarceration. Offenders assigned to the county impact
incarceration program under an intergovernmental agreement
between the county and the Illinois Department of Corrections
are exempt from the provisions of this mandatory period of
monitored release. In the event the offender is not accepted
for placement in the county impact incarceration program, the
court shall proceed to sentence the offender to any other
disposition authorized by this Code. If the offender does not
successfully complete the program, the offender's failure to

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

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

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

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

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

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

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

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

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

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

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