Bill Text: IL HB3762 | 2023-2024 | 103rd General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Amends the Criminal Code of 2012. Makes technical changes in the first degree murder statute. Eliminates references to imposition of the death penalty for first degree murder. Repeals provisions of the Code of Criminal Procedure of 1963 that refer to the execution of a death sentence and the type of drugs that can be administered to cause death. Amends the Unified Code of Corrections. Lists the aggravating factors for first degree murder in which the defendant may be sentenced to natural life imprisonment. Amends various statutes to remove, other than historic references, references to "capital offense", "death penalty", "sentenced to death", and "sentence of death".

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Passed) 2023-06-09 - Public Act . . . . . . . . . 103-0051 [HB3762 Detail]

Download: Illinois-2023-HB3762-Introduced.html


103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB3762

Introduced , by Rep. Will Guzzardi

SYNOPSIS AS INTRODUCED:
See Index

Amends the Criminal Code of 2012. Makes technical changes in the first degree murder statute. Eliminates references to imposition of the death penalty for first degree murder. Repeals provisions of the Code of Criminal Procedure of 1963 that refer to the execution of a death sentence and the type of drugs that can be administered to cause death. Amends the Unified Code of Corrections. Lists the aggravating factors for first degree murder in which the defendant may be sentenced to natural life imprisonment. Amends various statutes to remove, other than historic references, references to "capital offense", "death penalty", "sentenced to death", and "sentence of death".
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A BILL FOR

HB3762LRB103 29450 RLC 55842 b
1 AN ACT concerning criminal law.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The Counties Code is amended by changing
5Section 3-4011 as follows:
6 (55 ILCS 5/3-4011) (from Ch. 34, par. 3-4011)
7 Sec. 3-4011. Expenses and legal services for indigent
8defendants in felony cases. It shall be the duty of the county
9board in counties containing fewer than 500,000 inhabitants to
10appropriate a sufficient sum for the purpose of paying for the
11legal services necessarily rendered for the defense of
12indigent persons in felony cases, and for costs, expenses and
13legal services necessary in the prosecution of an appeal when
14the sentence is death, which is to be paid upon the orders of a
15court of competent jurisdiction. It shall likewise be the duty
16of the county board in counties containing fewer than 500,000
17inhabitants to appropriate a sufficient sum for the payment of
18out of pocket expenses necessarily incurred by appointed
19counsel in the prosecution of an appeal on behalf of an
20indigent incarcerated defendant in felony cases. In such cases
21payment shall be made upon the order of the reviewing court.
22(Source: P.A. 86-962.)

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1 Section 10. The School Code is amended by changing Section
221B-85 as follows:
3 (105 ILCS 5/21B-85)
4 Sec. 21B-85. Conviction of felony.
5 (a) Whenever the holder of any license issued under this
6Article is employed by the school board of a school district,
7including a special charter district or a school district
8organized under Article 34 of this Code, and is convicted,
9either after a bench trial, trial by jury, or plea of guilty,
10of any offense for which a sentence to death or a term of
11imprisonment in a penitentiary for one year or more is
12provided, the school board shall promptly notify the State
13Superintendent of Education, in writing, of the name of the
14license holder, the fact of the conviction, and the name and
15location of the court in which the conviction occurred.
16 (b) Whenever the school board of a school district,
17including a special charter district or a school district
18organized under Article 34 of this Code, learns that any
19person who is a teacher, as that term is defined in Section
2016-106 of the Illinois Pension Code, has been convicted,
21either after a bench trial, trial by jury, or plea of guilty,
22of any offense for which a sentence to death or a term of
23imprisonment in a penitentiary for one year or more is
24provided, the school board shall promptly notify, in writing,
25the board of trustees of the Teachers' Retirement System of

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1the State of Illinois and the board of trustees of the Public
2School Teachers' Pension and Retirement Fund of the City of
3Chicago of the name of the license holder, the fact of the
4conviction, the name and location of the court in which the
5conviction occurred, and the number assigned in that court to
6the case in which the conviction occurred.
7(Source: P.A. 102-552, eff. 1-1-22.)
8 Section 15. The Illinois Public Aid Code is amended by
9changing Section 1-8 as follows:
10 (305 ILCS 5/1-8)
11 Sec. 1-8. Fugitives ineligible.
12 (a) The following persons are not eligible for aid under
13this Code, or federal food stamps or federal food stamp
14benefits:
15 (1) A person who has fled from the jurisdiction of any
16 court of record of this or any other state or of the United
17 States to avoid prosecution for a felony or to avoid
18 giving testimony in any criminal proceeding involving the
19 alleged commission of a felony.
20 (2) A person who has fled to avoid imprisonment in a
21 correctional facility of this or any other state or the
22 United States for having committed a felony.
23 (3) A person who has escaped from a correctional
24 facility of this or any other state or the United States if

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1 the person was incarcerated for having committed a felony.
2 (4) A person who is violating a condition of probation
3 or parole imposed under federal or State law.
4 In this Section, "felony" means a violation of a penal
5statute of this or any other state or the United States for
6which a sentence to death or to a term of imprisonment in a
7penitentiary for one year or more is provided or in which the
8death penalty may be imposed in another state.
9 To implement this Section, the Illinois Department may
10exchange necessary information with an appropriate law
11enforcement agency of this or any other state, a political
12subdivision of this or any other state, or the United States.
13 (b) (Blank).
14(Source: P.A. 92-111, eff. 1-1-02.)
15 Section 20. The Criminal Code of 2012 is amended by
16changing Sections 2-7, 8-4, 9-1, 9-1.2, 12-3.05, and 30-1 as
17follows:
18 (720 ILCS 5/2-7) (from Ch. 38, par. 2-7)
19 Sec. 2-7. "Felony".
20 "Felony" means an offense for which a sentence to death or
21to a term of imprisonment in a penitentiary for one year or
22more is provided.
23(Source: P.A. 77-2638.)

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1 (720 ILCS 5/8-4) (from Ch. 38, par. 8-4)
2 Sec. 8-4. Attempt.
3 (a) Elements of the offense.
4 A person commits the offense of attempt when, with intent
5to commit a specific offense, he or she does any act that
6constitutes a substantial step toward the commission of that
7offense.
8 (b) Impossibility.
9 It is not a defense to a charge of attempt that because of
10a misapprehension of the circumstances it would have been
11impossible for the accused to commit the offense attempted.
12 (c) Sentence.
13 A person convicted of attempt may be fined or imprisoned
14or both not to exceed the maximum provided for the offense
15attempted but, except for an attempt to commit the offense
16defined in Section 33A-2 of this Code:
17 (1) the sentence for attempt to commit first degree
18 murder is the sentence for a Class X felony, except that
19 (A) an attempt to commit first degree murder when
20 at least one of the aggravating factors specified in
21 clauses (iii), (iv), and (v) of subsection (a)(1)(c)
22 of Section 5-8-1 of the Unified Code of Corrections
23 paragraphs (1), (2), and (12) of subsection (b) of
24 Section 9-1 is present is a Class X felony for which
25 the sentence shall be a term of imprisonment of not
26 less than 20 years and not more than 80 years;

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1 (B) an attempt to commit first degree murder while
2 armed with a firearm is a Class X felony for which 15
3 years shall be added to the term of imprisonment
4 imposed by the court;
5 (C) an attempt to commit first degree murder
6 during which the person personally discharged a
7 firearm is a Class X felony for which 20 years shall be
8 added to the term of imprisonment imposed by the
9 court;
10 (D) an attempt to commit first degree murder
11 during which the person personally discharged a
12 firearm that proximately caused great bodily harm,
13 permanent disability, permanent disfigurement, or
14 death to another person is a Class X felony for which
15 25 years or up to a term of natural life shall be added
16 to the term of imprisonment imposed by the court; and
17 (E) if the defendant proves by a preponderance of
18 the evidence at sentencing that, at the time of the
19 attempted murder, he or she was acting under a sudden
20 and intense passion resulting from serious provocation
21 by the individual whom the defendant endeavored to
22 kill, or another, and, had the individual the
23 defendant endeavored to kill died, the defendant would
24 have negligently or accidentally caused that death,
25 then the sentence for the attempted murder is the
26 sentence for a Class 1 felony;

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1 (2) the sentence for attempt to commit a Class X
2 felony is the sentence for a Class 1 felony;
3 (3) the sentence for attempt to commit a Class 1
4 felony is the sentence for a Class 2 felony;
5 (4) the sentence for attempt to commit a Class 2
6 felony is the sentence for a Class 3 felony; and
7 (5) the sentence for attempt to commit any felony
8 other than those specified in items (1), (2), (3), and (4)
9 of this subsection (c) is the sentence for a Class A
10 misdemeanor.
11(Source: P.A. 96-710, eff. 1-1-10.)
12 (720 ILCS 5/9-1) (from Ch. 38, par. 9-1)
13 Sec. 9-1. First degree murder; death penalties;
14exceptions; separate hearings; proof; findings; appellate
15procedures; reversals.
16 (a) A person who kills an individual without lawful
17justification commits first degree murder if, in performing
18the acts which cause the death:
19 (1) he or she either intends to kill or do great bodily
20 harm to that individual or another, or knows that such
21 acts will cause death to that individual or another; or
22 (2) he or she knows that such acts create a strong
23 probability of death or great bodily harm to that
24 individual or another; or
25 (3) he or she, acting alone or with one or more

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1 participants, commits or attempts to commit a forcible
2 felony other than second degree murder, and in the course
3 of or in furtherance of such crime or flight therefrom, he
4 or she or another participant causes the death of a
5 person.
6 (b) (Blank). Aggravating Factors. A defendant who at the
7time of the commission of the offense has attained the age of
818 or more and who has been found guilty of first degree murder
9may be sentenced to death if:
10 (1) the murdered individual was a peace officer or
11 fireman killed in the course of performing his official
12 duties, to prevent the performance of his or her official
13 duties, or in retaliation for performing his or her
14 official duties, and the defendant knew or should have
15 known that the murdered individual was a peace officer or
16 fireman; or
17 (2) the murdered individual was an employee of an
18 institution or facility of the Department of Corrections,
19 or any similar local correctional agency, killed in the
20 course of performing his or her official duties, to
21 prevent the performance of his or her official duties, or
22 in retaliation for performing his or her official duties,
23 or the murdered individual was an inmate at such
24 institution or facility and was killed on the grounds
25 thereof, or the murdered individual was otherwise present
26 in such institution or facility with the knowledge and

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1 approval of the chief administrative officer thereof; or
2 (3) the defendant has been convicted of murdering two
3 or more individuals under subsection (a) of this Section
4 or under any law of the United States or of any state which
5 is substantially similar to subsection (a) of this Section
6 regardless of whether the deaths occurred as the result of
7 the same act or of several related or unrelated acts so
8 long as the deaths were the result of either an intent to
9 kill more than one person or of separate acts which the
10 defendant knew would cause death or create a strong
11 probability of death or great bodily harm to the murdered
12 individual or another; or
13 (4) the murdered individual was killed as a result of
14 the hijacking of an airplane, train, ship, bus, or other
15 public conveyance; or
16 (5) the defendant committed the murder pursuant to a
17 contract, agreement, or understanding by which he or she
18 was to receive money or anything of value in return for
19 committing the murder or procured another to commit the
20 murder for money or anything of value; or
21 (6) the murdered individual was killed in the course
22 of another felony if:
23 (a) the murdered individual:
24 (i) was actually killed by the defendant, or
25 (ii) received physical injuries personally
26 inflicted by the defendant substantially

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1 contemporaneously with physical injuries caused by
2 one or more persons for whose conduct the
3 defendant is legally accountable under Section 5-2
4 of this Code, and the physical injuries inflicted
5 by either the defendant or the other person or
6 persons for whose conduct he is legally
7 accountable caused the death of the murdered
8 individual; and
9 (b) in performing the acts which caused the death
10 of the murdered individual or which resulted in
11 physical injuries personally inflicted by the
12 defendant on the murdered individual under the
13 circumstances of subdivision (ii) of subparagraph (a)
14 of paragraph (6) of subsection (b) of this Section,
15 the defendant acted with the intent to kill the
16 murdered individual or with the knowledge that his
17 acts created a strong probability of death or great
18 bodily harm to the murdered individual or another; and
19 (c) the other felony was an inherently violent
20 crime or the attempt to commit an inherently violent
21 crime. In this subparagraph (c), "inherently violent
22 crime" includes, but is not limited to, armed robbery,
23 robbery, predatory criminal sexual assault of a child,
24 aggravated criminal sexual assault, aggravated
25 kidnapping, aggravated vehicular hijacking, aggravated
26 arson, aggravated stalking, residential burglary, and

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1 home invasion; or
2 (7) the murdered individual was under 12 years of age
3 and the death resulted from exceptionally brutal or
4 heinous behavior indicative of wanton cruelty; or
5 (8) the defendant committed the murder with intent to
6 prevent the murdered individual from testifying or
7 participating in any criminal investigation or prosecution
8 or giving material assistance to the State in any
9 investigation or prosecution, either against the defendant
10 or another; or the defendant committed the murder because
11 the murdered individual was a witness in any prosecution
12 or gave material assistance to the State in any
13 investigation or prosecution, either against the defendant
14 or another; for purposes of this paragraph (8),
15 "participating in any criminal investigation or
16 prosecution" is intended to include those appearing in the
17 proceedings in any capacity such as trial judges,
18 prosecutors, defense attorneys, investigators, witnesses,
19 or jurors; or
20 (9) the defendant, while committing an offense
21 punishable under Sections 401, 401.1, 401.2, 405, 405.2,
22 407 or 407.1 or subsection (b) of Section 404 of the
23 Illinois Controlled Substances Act, or while engaged in a
24 conspiracy or solicitation to commit such offense,
25 intentionally killed an individual or counseled,
26 commanded, induced, procured or caused the intentional

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1 killing of the murdered individual; or
2 (10) the defendant was incarcerated in an institution
3 or facility of the Department of Corrections at the time
4 of the murder, and while committing an offense punishable
5 as a felony under Illinois law, or while engaged in a
6 conspiracy or solicitation to commit such offense,
7 intentionally killed an individual or counseled,
8 commanded, induced, procured or caused the intentional
9 killing of the murdered individual; or
10 (11) the murder was committed in a cold, calculated
11 and premeditated manner pursuant to a preconceived plan,
12 scheme or design to take a human life by unlawful means,
13 and the conduct of the defendant created a reasonable
14 expectation that the death of a human being would result
15 therefrom; or
16 (12) the murdered individual was an emergency medical
17 technician - ambulance, emergency medical technician -
18 intermediate, emergency medical technician - paramedic,
19 ambulance driver, or other medical assistance or first aid
20 personnel, employed by a municipality or other
21 governmental unit, killed in the course of performing his
22 official duties, to prevent the performance of his
23 official duties, or in retaliation for performing his
24 official duties, and the defendant knew or should have
25 known that the murdered individual was an emergency
26 medical technician - ambulance, emergency medical

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1 technician - intermediate, emergency medical technician -
2 paramedic, ambulance driver, or other medical assistance
3 or first aid personnel; or
4 (13) the defendant was a principal administrator,
5 organizer, or leader of a calculated criminal drug
6 conspiracy consisting of a hierarchical position of
7 authority superior to that of all other members of the
8 conspiracy, and the defendant counseled, commanded,
9 induced, procured, or caused the intentional killing of
10 the murdered person; or
11 (14) the murder was intentional and involved the
12 infliction of torture. For the purpose of this Section
13 torture means the infliction of or subjection to extreme
14 physical pain, motivated by an intent to increase or
15 prolong the pain, suffering or agony of the victim; or
16 (15) the murder was committed as a result of the
17 intentional discharge of a firearm by the defendant from a
18 motor vehicle and the victim was not present within the
19 motor vehicle; or
20 (16) the murdered individual was 60 years of age or
21 older and the death resulted from exceptionally brutal or
22 heinous behavior indicative of wanton cruelty; or
23 (17) the murdered individual was a person with a
24 disability and the defendant knew or should have known
25 that the murdered individual was a person with a
26 disability. For purposes of this paragraph (17), "person

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1 with a disability" means a person who suffers from a
2 permanent physical or mental impairment resulting from
3 disease, an injury, a functional disorder, or a congenital
4 condition that renders the person incapable of adequately
5 providing for his or her own health or personal care; or
6 (18) the murder was committed by reason of any
7 person's activity as a community policing volunteer or to
8 prevent any person from engaging in activity as a
9 community policing volunteer; or
10 (19) the murdered individual was subject to an order
11 of protection and the murder was committed by a person
12 against whom the same order of protection was issued under
13 the Illinois Domestic Violence Act of 1986; or
14 (20) the murdered individual was known by the
15 defendant to be a teacher or other person employed in any
16 school and the teacher or other employee is upon the
17 grounds of a school or grounds adjacent to a school, or is
18 in any part of a building used for school purposes; or
19 (21) the murder was committed by the defendant in
20 connection with or as a result of the offense of terrorism
21 as defined in Section 29D-14.9 of this Code; or
22 (22) the murdered individual was a member of a
23 congregation engaged in prayer or other religious
24 activities at a church, synagogue, mosque, or other
25 building, structure, or place used for religious worship.
26 (b-5) (Blank). Aggravating Factor; Natural Life

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1Imprisonment. A defendant who has been found guilty of first
2degree murder and who at the time of the commission of the
3offense had attained the age of 18 years or more may be
4sentenced to natural life imprisonment if (i) the murdered
5individual was a physician, physician assistant, psychologist,
6nurse, or advanced practice registered nurse, (ii) the
7defendant knew or should have known that the murdered
8individual was a physician, physician assistant, psychologist,
9nurse, or advanced practice registered nurse, and (iii) the
10murdered individual was killed in the course of acting in his
11or her capacity as a physician, physician assistant,
12psychologist, nurse, or advanced practice registered nurse, or
13to prevent him or her from acting in that capacity, or in
14retaliation for his or her acting in that capacity.
15 (c) (Blank). Consideration of factors in Aggravation and
16Mitigation.
17 The court shall consider, or shall instruct the jury to
18consider any aggravating and any mitigating factors which are
19relevant to the imposition of the death penalty. Aggravating
20factors may include but need not be limited to those factors
21set forth in subsection (b). Mitigating factors may include
22but need not be limited to the following:
23 (1) the defendant has no significant history of prior
24 criminal activity;
25 (2) the murder was committed while the defendant was
26 under the influence of extreme mental or emotional

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1 disturbance, although not such as to constitute a defense
2 to prosecution;
3 (3) the murdered individual was a participant in the
4 defendant's homicidal conduct or consented to the
5 homicidal act;
6 (4) the defendant acted under the compulsion of threat
7 or menace of the imminent infliction of death or great
8 bodily harm;
9 (5) the defendant was not personally present during
10 commission of the act or acts causing death;
11 (6) the defendant's background includes a history of
12 extreme emotional or physical abuse;
13 (7) the defendant suffers from a reduced mental
14 capacity.
15 Provided, however, that an action that does not otherwise
16mitigate first degree murder cannot qualify as a mitigating
17factor for first degree murder because of the discovery,
18knowledge, or disclosure of the victim's sexual orientation as
19defined in Section 1-103 of the Illinois Human Rights Act.
20 (d) (Blank). Separate sentencing hearing.
21 Where requested by the State, the court shall conduct a
22separate sentencing proceeding to determine the existence of
23factors set forth in subsection (b) and to consider any
24aggravating or mitigating factors as indicated in subsection
25(c). The proceeding shall be conducted:
26 (1) before the jury that determined the defendant's

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1 guilt; or
2 (2) before a jury impanelled for the purpose of the
3 proceeding if:
4 A. the defendant was convicted upon a plea of
5 guilty; or
6 B. the defendant was convicted after a trial
7 before the court sitting without a jury; or
8 C. the court for good cause shown discharges the
9 jury that determined the defendant's guilt; or
10 (3) before the court alone if the defendant waives a
11 jury for the separate proceeding.
12 (e) (Blank). Evidence and Argument.
13 During the proceeding any information relevant to any of
14the factors set forth in subsection (b) may be presented by
15either the State or the defendant under the rules governing
16the admission of evidence at criminal trials. Any information
17relevant to any additional aggravating factors or any
18mitigating factors indicated in subsection (c) may be
19presented by the State or defendant regardless of its
20admissibility under the rules governing the admission of
21evidence at criminal trials. The State and the defendant shall
22be given fair opportunity to rebut any information received at
23the hearing.
24 (f) (Blank). Proof.
25 The burden of proof of establishing the existence of any
26of the factors set forth in subsection (b) is on the State and

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1shall not be satisfied unless established beyond a reasonable
2doubt.
3 (g) (Blank). Procedure - Jury.
4 If at the separate sentencing proceeding the jury finds
5that none of the factors set forth in subsection (b) exists,
6the court shall sentence the defendant to a term of
7imprisonment under Chapter V of the Unified Code of
8Corrections. If there is a unanimous finding by the jury that
9one or more of the factors set forth in subsection (b) exist,
10the jury shall consider aggravating and mitigating factors as
11instructed by the court and shall determine whether the
12sentence of death shall be imposed. If the jury determines
13unanimously, after weighing the factors in aggravation and
14mitigation, that death is the appropriate sentence, the court
15shall sentence the defendant to death. If the court does not
16concur with the jury determination that death is the
17appropriate sentence, the court shall set forth reasons in
18writing including what facts or circumstances the court relied
19upon, along with any relevant documents, that compelled the
20court to non-concur with the sentence. This document and any
21attachments shall be part of the record for appellate review.
22The court shall be bound by the jury's sentencing
23determination.
24 If after weighing the factors in aggravation and
25mitigation, one or more jurors determines that death is not
26the appropriate sentence, the court shall sentence the

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1defendant to a term of imprisonment under Chapter V of the
2Unified Code of Corrections.
3 (h) (Blank). Procedure - No Jury.
4 In a proceeding before the court alone, if the court finds
5that none of the factors found in subsection (b) exists, the
6court shall sentence the defendant to a term of imprisonment
7under Chapter V of the Unified Code of Corrections.
8 If the Court determines that one or more of the factors set
9forth in subsection (b) exists, the Court shall consider any
10aggravating and mitigating factors as indicated in subsection
11(c). If the Court determines, after weighing the factors in
12aggravation and mitigation, that death is the appropriate
13sentence, the Court shall sentence the defendant to death.
14 If the court finds that death is not the appropriate
15sentence, the court shall sentence the defendant to a term of
16imprisonment under Chapter V of the Unified Code of
17Corrections.
18 (h-5) (Blank). Decertification as a capital case.
19 In a case in which the defendant has been found guilty of
20first degree murder by a judge or jury, or a case on remand for
21resentencing, and the State seeks the death penalty as an
22appropriate sentence, on the court's own motion or the written
23motion of the defendant, the court may decertify the case as a
24death penalty case if the court finds that the only evidence
25supporting the defendant's conviction is the uncorroborated
26testimony of an informant witness, as defined in Section

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1115-21 of the Code of Criminal Procedure of 1963, concerning
2the confession or admission of the defendant or that the sole
3evidence against the defendant is a single eyewitness or
4single accomplice without any other corroborating evidence. If
5the court decertifies the case as a capital case under either
6of the grounds set forth above, the court shall issue a written
7finding. The State may pursue its right to appeal the
8decertification pursuant to Supreme Court Rule 604(a)(1). If
9the court does not decertify the case as a capital case, the
10matter shall proceed to the eligibility phase of the
11sentencing hearing.
12 (i) (Blank). Appellate Procedure.
13 The conviction and sentence of death shall be subject to
14automatic review by the Supreme Court. Such review shall be in
15accordance with rules promulgated by the Supreme Court. The
16Illinois Supreme Court may overturn the death sentence, and
17order the imposition of imprisonment under Chapter V of the
18Unified Code of Corrections if the court finds that the death
19sentence is fundamentally unjust as applied to the particular
20case. If the Illinois Supreme Court finds that the death
21sentence is fundamentally unjust as applied to the particular
22case, independent of any procedural grounds for relief, the
23Illinois Supreme Court shall issue a written opinion
24explaining this finding.
25 (j) (Blank). Disposition of reversed death sentence.
26 In the event that the death penalty in this Act is held to

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1be unconstitutional by the Supreme Court of the United States
2or of the State of Illinois, any person convicted of first
3degree murder shall be sentenced by the court to a term of
4imprisonment under Chapter V of the Unified Code of
5Corrections.
6 In the event that any death sentence pursuant to the
7sentencing provisions of this Section is declared
8unconstitutional by the Supreme Court of the United States or
9of the State of Illinois, the court having jurisdiction over a
10person previously sentenced to death shall cause the defendant
11to be brought before the court, and the court shall sentence
12the defendant to a term of imprisonment under Chapter V of the
13Unified Code of Corrections.
14 (k) (Blank). Guidelines for seeking the death penalty.
15 The Attorney General and State's Attorneys Association
16shall consult on voluntary guidelines for procedures governing
17whether or not to seek the death penalty. The guidelines do not
18have the force of law and are only advisory in nature.
19(Source: P.A. 100-460, eff. 1-1-18; 100-513, eff. 1-1-18;
20100-863, eff. 8-14-18; 101-223, eff. 1-1-20; 101-652, eff.
217-1-21.)
22 (720 ILCS 5/9-1.2) (from Ch. 38, par. 9-1.2)
23 Sec. 9-1.2. Intentional homicide of an unborn child.
24 (a) A person commits the offense of intentional homicide
25of an unborn child if, in performing acts which cause the death

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1of an unborn child, he without lawful justification:
2 (1) either intended to cause the death of or do great
3 bodily harm to the pregnant individual or unborn child or
4 knew that such acts would cause death or great bodily harm
5 to the pregnant individual or unborn child; or
6 (2) knew that his acts created a strong probability of
7 death or great bodily harm to the pregnant individual or
8 unborn child; and
9 (3) knew that the individual was pregnant.
10 (b) For purposes of this Section, (1) "unborn child" shall
11mean any individual of the human species from the implantation
12of an embryo until birth, and (2) "person" shall not include
13the pregnant woman whose unborn child is killed.
14 (c) This Section shall not apply to acts which cause the
15death of an unborn child if those acts were committed during
16any abortion, as defined in Section 1-10 of the Reproductive
17Health Act, to which the pregnant individual has consented.
18This Section shall not apply to acts which were committed
19pursuant to usual and customary standards of medical practice
20during diagnostic testing or therapeutic treatment.
21 (d) Penalty. The sentence for intentional homicide of an
22unborn child shall be the same as for first degree murder,
23except that:
24 (1) (blank) the death penalty may not be imposed;
25 (2) if the person committed the offense while armed
26 with a firearm, 15 years shall be added to the term of

HB3762- 23 -LRB103 29450 RLC 55842 b
1 imprisonment imposed by the court;
2 (3) if, during the commission of the offense, the
3 person personally discharged a firearm, 20 years shall be
4 added to the term of imprisonment imposed by the court;
5 (4) if, during the commission of the offense, the
6 person personally discharged a firearm that proximately
7 caused great bodily harm, permanent disability, permanent
8 disfigurement, or death to another person, 25 years or up
9 to a term of natural life shall be added to the term of
10 imprisonment imposed by the court.
11 (e) The provisions of this Act shall not be construed to
12prohibit the prosecution of any person under any other
13provision of law.
14(Source: P.A. 101-13, eff. 6-12-19.)
15 (720 ILCS 5/12-3.05) (was 720 ILCS 5/12-4)
16 Sec. 12-3.05. Aggravated battery.
17 (a) Offense based on injury. A person commits aggravated
18battery when, in committing a battery, other than by the
19discharge of a firearm, he or she knowingly does any of the
20following:
21 (1) Causes great bodily harm or permanent disability
22 or disfigurement.
23 (2) Causes severe and permanent disability, great
24 bodily harm, or disfigurement by means of a caustic or
25 flammable substance, a poisonous gas, a deadly biological

HB3762- 24 -LRB103 29450 RLC 55842 b
1 or chemical contaminant or agent, a radioactive substance,
2 or a bomb or explosive compound.
3 (3) Causes great bodily harm or permanent disability
4 or disfigurement to an individual whom the person knows to
5 be a peace officer, community policing volunteer, fireman,
6 private security officer, correctional institution
7 employee, or Department of Human Services employee
8 supervising or controlling sexually dangerous persons or
9 sexually violent persons:
10 (i) performing his or her official duties;
11 (ii) battered to prevent performance of his or her
12 official duties; or
13 (iii) battered in retaliation for performing his
14 or her official duties.
15 (4) Causes great bodily harm or permanent disability
16 or disfigurement to an individual 60 years of age or
17 older.
18 (5) Strangles another individual.
19 (b) Offense based on injury to a child or person with an
20intellectual disability. A person who is at least 18 years of
21age commits aggravated battery when, in committing a battery,
22he or she knowingly and without legal justification by any
23means:
24 (1) causes great bodily harm or permanent disability
25 or disfigurement to any child under the age of 13 years, or
26 to any person with a severe or profound intellectual

HB3762- 25 -LRB103 29450 RLC 55842 b
1 disability; or
2 (2) causes bodily harm or disability or disfigurement
3 to any child under the age of 13 years or to any person
4 with a severe or profound intellectual disability.
5 (c) Offense based on location of conduct. A person commits
6aggravated battery when, in committing a battery, other than
7by the discharge of a firearm, he or she is or the person
8battered is on or about a public way, public property, a public
9place of accommodation or amusement, a sports venue, or a
10domestic violence shelter, or in a church, synagogue, mosque,
11or other building, structure, or place used for religious
12worship.
13 (d) Offense based on status of victim. A person commits
14aggravated battery when, in committing a battery, other than
15by discharge of a firearm, he or she knows the individual
16battered to be any of the following:
17 (1) A person 60 years of age or older.
18 (2) A person who is pregnant or has a physical
19 disability.
20 (3) A teacher or school employee upon school grounds
21 or grounds adjacent to a school or in any part of a
22 building used for school purposes.
23 (4) A peace officer, community policing volunteer,
24 fireman, private security officer, correctional
25 institution employee, or Department of Human Services
26 employee supervising or controlling sexually dangerous

HB3762- 26 -LRB103 29450 RLC 55842 b
1 persons or sexually violent persons:
2 (i) performing his or her official duties;
3 (ii) battered to prevent performance of his or her
4 official duties; or
5 (iii) battered in retaliation for performing his
6 or her official duties.
7 (5) A judge, emergency management worker, emergency
8 medical services personnel, or utility worker:
9 (i) performing his or her official duties;
10 (ii) battered to prevent performance of his or her
11 official duties; or
12 (iii) battered in retaliation for performing his
13 or her official duties.
14 (6) An officer or employee of the State of Illinois, a
15 unit of local government, or a school district, while
16 performing his or her official duties.
17 (7) A transit employee performing his or her official
18 duties, or a transit passenger.
19 (8) A taxi driver on duty.
20 (9) A merchant who detains the person for an alleged
21 commission of retail theft under Section 16-26 of this
22 Code and the person without legal justification by any
23 means causes bodily harm to the merchant.
24 (10) A person authorized to serve process under
25 Section 2-202 of the Code of Civil Procedure or a special
26 process server appointed by the circuit court while that

HB3762- 27 -LRB103 29450 RLC 55842 b
1 individual is in the performance of his or her duties as a
2 process server.
3 (11) A nurse while in the performance of his or her
4 duties as a nurse.
5 (12) A merchant: (i) while performing his or her
6 duties, including, but not limited to, relaying directions
7 for healthcare or safety from his or her supervisor or
8 employer or relaying health or safety guidelines,
9 recommendations, regulations, or rules from a federal,
10 State, or local public health agency; and (ii) during a
11 disaster declared by the Governor, or a state of emergency
12 declared by the mayor of the municipality in which the
13 merchant is located, due to a public health emergency and
14 for a period of 6 months after such declaration.
15 (e) Offense based on use of a firearm. A person commits
16aggravated battery when, in committing a battery, he or she
17knowingly does any of the following:
18 (1) Discharges a firearm, other than a machine gun or
19 a firearm equipped with a silencer, and causes any injury
20 to another person.
21 (2) Discharges a firearm, other than a machine gun or
22 a firearm equipped with a silencer, and causes any injury
23 to a person he or she knows to be a peace officer,
24 community policing volunteer, person summoned by a police
25 officer, fireman, private security officer, correctional
26 institution employee, or emergency management worker:

HB3762- 28 -LRB103 29450 RLC 55842 b
1 (i) performing his or her official duties;
2 (ii) battered to prevent performance of his or her
3 official duties; or
4 (iii) battered in retaliation for performing his
5 or her official duties.
6 (3) Discharges a firearm, other than a machine gun or
7 a firearm equipped with a silencer, and causes any injury
8 to a person he or she knows to be emergency medical
9 services personnel:
10 (i) performing his or her official duties;
11 (ii) battered to prevent performance of his or her
12 official duties; or
13 (iii) battered in retaliation for performing his
14 or her official duties.
15 (4) Discharges a firearm and causes any injury to a
16 person he or she knows to be a teacher, a student in a
17 school, or a school employee, and the teacher, student, or
18 employee is upon school grounds or grounds adjacent to a
19 school or in any part of a building used for school
20 purposes.
21 (5) Discharges a machine gun or a firearm equipped
22 with a silencer, and causes any injury to another person.
23 (6) Discharges a machine gun or a firearm equipped
24 with a silencer, and causes any injury to a person he or
25 she knows to be a peace officer, community policing
26 volunteer, person summoned by a police officer, fireman,

HB3762- 29 -LRB103 29450 RLC 55842 b
1 private security officer, correctional institution
2 employee or emergency management worker:
3 (i) performing his or her official duties;
4 (ii) battered to prevent performance of his or her
5 official duties; or
6 (iii) battered in retaliation for performing his
7 or her official duties.
8 (7) Discharges a machine gun or a firearm equipped
9 with a silencer, and causes any injury to a person he or
10 she knows to be emergency medical services personnel:
11 (i) performing his or her official duties;
12 (ii) battered to prevent performance of his or her
13 official duties; or
14 (iii) battered in retaliation for performing his
15 or her official duties.
16 (8) Discharges a machine gun or a firearm equipped
17 with a silencer, and causes any injury to a person he or
18 she knows to be a teacher, or a student in a school, or a
19 school employee, and the teacher, student, or employee is
20 upon school grounds or grounds adjacent to a school or in
21 any part of a building used for school purposes.
22 (f) Offense based on use of a weapon or device. A person
23commits aggravated battery when, in committing a battery, he
24or she does any of the following:
25 (1) Uses a deadly weapon other than by discharge of a
26 firearm, or uses an air rifle as defined in Section

HB3762- 30 -LRB103 29450 RLC 55842 b
1 24.8-0.1 of this Code.
2 (2) Wears a hood, robe, or mask to conceal his or her
3 identity.
4 (3) Knowingly and without lawful justification shines
5 or flashes a laser gunsight or other laser device attached
6 to a firearm, or used in concert with a firearm, so that
7 the laser beam strikes upon or against the person of
8 another.
9 (4) Knowingly video or audio records the offense with
10 the intent to disseminate the recording.
11 (g) Offense based on certain conduct. A person commits
12aggravated battery when, other than by discharge of a firearm,
13he or she does any of the following:
14 (1) Violates Section 401 of the Illinois Controlled
15 Substances Act by unlawfully delivering a controlled
16 substance to another and any user experiences great bodily
17 harm or permanent disability as a result of the injection,
18 inhalation, or ingestion of any amount of the controlled
19 substance.
20 (2) Knowingly administers to an individual or causes
21 him or her to take, without his or her consent or by threat
22 or deception, and for other than medical purposes, any
23 intoxicating, poisonous, stupefying, narcotic,
24 anesthetic, or controlled substance, or gives to another
25 person any food containing any substance or object
26 intended to cause physical injury if eaten.

HB3762- 31 -LRB103 29450 RLC 55842 b
1 (3) Knowingly causes or attempts to cause a
2 correctional institution employee or Department of Human
3 Services employee to come into contact with blood, seminal
4 fluid, urine, or feces by throwing, tossing, or expelling
5 the fluid or material, and the person is an inmate of a
6 penal institution or is a sexually dangerous person or
7 sexually violent person in the custody of the Department
8 of Human Services.
9 (h) Sentence. Unless otherwise provided, aggravated
10battery is a Class 3 felony.
11 Aggravated battery as defined in subdivision (a)(4),
12(d)(4), or (g)(3) is a Class 2 felony.
13 Aggravated battery as defined in subdivision (a)(3) or
14(g)(1) is a Class 1 felony.
15 Aggravated battery as defined in subdivision (a)(1) is a
16Class 1 felony when the aggravated battery was intentional and
17involved the infliction of torture, as defined in paragraph
18(10) (14) of subsection (b-5) (b) of Section 5-8-1 of the
19Unified Code of Corrections Section 9-1 of this Code, as the
20infliction of or subjection to extreme physical pain,
21motivated by an intent to increase or prolong the pain,
22suffering, or agony of the victim.
23 Aggravated battery as defined in subdivision (a)(1) is a
24Class 2 felony when the person causes great bodily harm or
25permanent disability to an individual whom the person knows to
26be a member of a congregation engaged in prayer or other

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1religious activities at a church, synagogue, mosque, or other
2building, structure, or place used for religious worship.
3 Aggravated battery under subdivision (a)(5) is a Class 1
4felony if:
5 (A) the person used or attempted to use a dangerous
6 instrument while committing the offense;
7 (B) the person caused great bodily harm or permanent
8 disability or disfigurement to the other person while
9 committing the offense; or
10 (C) the person has been previously convicted of a
11 violation of subdivision (a)(5) under the laws of this
12 State or laws similar to subdivision (a)(5) of any other
13 state.
14 Aggravated battery as defined in subdivision (e)(1) is a
15Class X felony.
16 Aggravated battery as defined in subdivision (a)(2) is a
17Class X felony for which a person shall be sentenced to a term
18of imprisonment of a minimum of 6 years and a maximum of 45
19years.
20 Aggravated battery as defined in subdivision (e)(5) is a
21Class X felony for which a person shall be sentenced to a term
22of imprisonment of a minimum of 12 years and a maximum of 45
23years.
24 Aggravated battery as defined in subdivision (e)(2),
25(e)(3), or (e)(4) is a Class X felony for which a person shall
26be sentenced to a term of imprisonment of a minimum of 15 years

HB3762- 33 -LRB103 29450 RLC 55842 b
1and a maximum of 60 years.
2 Aggravated battery as defined in subdivision (e)(6),
3(e)(7), or (e)(8) is a Class X felony for which a person shall
4be sentenced to a term of imprisonment of a minimum of 20 years
5and a maximum of 60 years.
6 Aggravated battery as defined in subdivision (b)(1) is a
7Class X felony, except that:
8 (1) if the person committed the offense while armed
9 with a firearm, 15 years shall be added to the term of
10 imprisonment imposed by the court;
11 (2) if, during the commission of the offense, the
12 person personally discharged a firearm, 20 years shall be
13 added to the term of imprisonment imposed by the court;
14 (3) if, during the commission of the offense, the
15 person personally discharged a firearm that proximately
16 caused great bodily harm, permanent disability, permanent
17 disfigurement, or death to another person, 25 years or up
18 to a term of natural life shall be added to the term of
19 imprisonment imposed by the court.
20 (i) Definitions. In this Section:
21 "Building or other structure used to provide shelter" has
22the meaning ascribed to "shelter" in Section 1 of the Domestic
23Violence Shelters Act.
24 "Domestic violence" has the meaning ascribed to it in
25Section 103 of the Illinois Domestic Violence Act of 1986.
26 "Domestic violence shelter" means any building or other

HB3762- 34 -LRB103 29450 RLC 55842 b
1structure used to provide shelter or other services to victims
2or to the dependent children of victims of domestic violence
3pursuant to the Illinois Domestic Violence Act of 1986 or the
4Domestic Violence Shelters Act, or any place within 500 feet
5of such a building or other structure in the case of a person
6who is going to or from such a building or other structure.
7 "Firearm" has the meaning provided under Section 1.1 of
8the Firearm Owners Identification Card Act, and does not
9include an air rifle as defined by Section 24.8-0.1 of this
10Code.
11 "Machine gun" has the meaning ascribed to it in Section
1224-1 of this Code.
13 "Merchant" has the meaning ascribed to it in Section
1416-0.1 of this Code.
15 "Strangle" means intentionally impeding the normal
16breathing or circulation of the blood of an individual by
17applying pressure on the throat or neck of that individual or
18by blocking the nose or mouth of that individual.
19(Source: P.A. 101-223, eff. 1-1-20; 101-651, eff. 8-7-20.)
20 (720 ILCS 5/30-1) (from Ch. 38, par. 30-1)
21 Sec. 30-1. Treason.
22 (a) A person owing allegiance to this State commits
23treason when he or she knowingly:
24 (1) levies war against this State; or
25 (2) adheres to the enemies of this State, giving them

HB3762- 35 -LRB103 29450 RLC 55842 b
1 aid or comfort.
2 (b) No person may be convicted of treason except on the
3testimony of 2 witnesses to the same overt act, or on his
4confession in open court.
5 (c) Sentence. Treason is a Class X felony for which an
6offender may be sentenced to death under Section 5-5-3 of the
7Unified Code of Corrections.
8(Source: P.A. 80-1099.)
9 Section 25. The Cannabis Control Act is amended by
10changing Section 9 as follows:
11 (720 ILCS 550/9) (from Ch. 56 1/2, par. 709)
12 Sec. 9. (a) Any person who engages in a calculated
13criminal cannabis conspiracy, as defined in subsection (b), is
14guilty of a Class 3 felony, and fined not more than $200,000
15and shall be subject to the forfeitures prescribed in
16subsection (c); except that, if any person engages in such
17offense after one or more prior convictions under this
18Section, Section 4 (d), Section 5 (d), Section 8 (d) or any law
19of the United States or of any State relating to cannabis, or
20controlled substances as defined in the Illinois Controlled
21Substances Act, in addition to the fine and forfeiture
22authorized above, he shall be guilty of a Class 1 felony for
23which an offender may not be sentenced to death.
24 (b) For purposes of this section, a person engages in a

HB3762- 36 -LRB103 29450 RLC 55842 b
1calculated criminal cannabis conspiracy when:
2 (1) he violates Section 4 (d), 4 (e), 5 (d), 5 (e), 8 (c)
3or 8 (d) of this Act; and
4 (2) such violation is a part of a conspiracy undertaken or
5carried on with 2 or more other persons; and
6 (3) he obtains anything of value greater than $500 from,
7or organizes, directs or finances such violation or
8conspiracy.
9 (c) Any person who is convicted under this Section of
10engaging in a calculated criminal cannabis conspiracy shall
11forfeit to the State of Illinois:
12 (1) the receipts obtained by him in such conspiracy; and
13 (2) any of his interests in, claims against, receipts
14from, or property or rights of any kind affording a source of
15influence over, such conspiracy.
16 (d) The circuit court may enter such injunctions,
17restraining orders, directions, or prohibitions, or take such
18other actions, including the acceptance of satisfactory
19performance bonds, in connection with any property, claim,
20receipt, right or other interest subject to forfeiture under
21this Section, as it deems proper.
22(Source: P.A. 84-1233.)
23 Section 30. The Code of Criminal Procedure of 1963 is
24amended by changing Sections 104-26, 111-3, 114-15 116-4,
25121-13, 122-1, 122-2.1, 122-2.2, and 122-4 as follows:

HB3762- 37 -LRB103 29450 RLC 55842 b
1 (725 ILCS 5/104-26) (from Ch. 38, par. 104-26)
2 Sec. 104-26. Disposition of Defendants suffering
3disabilities.
4 (a) A defendant convicted following a trial conducted
5under the provisions of Section 104-22 shall not be sentenced
6before a written presentence report of investigation is
7presented to and considered by the court. The presentence
8report shall be prepared pursuant to Sections 5-3-2, 5-3-3 and
95-3-4 of the Unified Code of Corrections, as now or hereafter
10amended, and shall include a physical and mental examination
11unless the court finds that the reports of prior physical and
12mental examinations conducted pursuant to this Article are
13adequate and recent enough so that additional examinations
14would be unnecessary.
15 (b) (Blank). A defendant convicted following a trial under
16Section 104-22 shall not be subject to the death penalty.
17 (c) A defendant convicted following a trial under Section
18104-22 shall be sentenced according to the procedures and
19dispositions authorized under the Unified Code of Corrections,
20as now or hereafter amended, subject to the following
21provisions:
22 (1) The court shall not impose a sentence of
23 imprisonment upon the offender if the court believes that
24 because of his disability a sentence of imprisonment would
25 not serve the ends of justice and the interests of society

HB3762- 38 -LRB103 29450 RLC 55842 b
1 and the offender or that because of his disability a
2 sentence of imprisonment would subject the offender to
3 excessive hardship. In addition to any other conditions of
4 a sentence of conditional discharge or probation the court
5 may require that the offender undergo treatment
6 appropriate to his mental or physical condition.
7 (2) After imposing a sentence of imprisonment upon an
8 offender who has a mental disability, the court may remand
9 him to the custody of the Department of Human Services and
10 order a hearing to be conducted pursuant to the provisions
11 of the Mental Health and Developmental Disabilities Code,
12 as now or hereafter amended. If the offender is committed
13 following such hearing, he shall be treated in the same
14 manner as any other civilly committed patient for all
15 purposes except as provided in this Section. If the
16 defendant is not committed pursuant to such hearing, he
17 shall be remanded to the sentencing court for disposition
18 according to the sentence imposed.
19 (3) If the court imposes a sentence of imprisonment
20 upon an offender who has a mental disability but does not
21 proceed under subparagraph (2) of paragraph (c) of this
22 Section, it shall order the Department of Corrections to
23 proceed pursuant to Section 3-8-5 of the Unified Code of
24 Corrections, as now or hereafter amended.
25 (3.5) If the court imposes a sentence of imprisonment
26 upon an offender who has a mental disability, the court

HB3762- 39 -LRB103 29450 RLC 55842 b
1 shall direct the circuit court clerk to immediately notify
2 the Illinois State Police, Firearm Owner's Identification
3 (FOID) Office, in a form and manner prescribed by the
4 Illinois State Police and shall forward a copy of the
5 court order to the Department.
6 (4) If the court imposes a sentence of imprisonment
7 upon an offender who has a physical disability, it may
8 authorize the Department of Corrections to place the
9 offender in a public or private facility which is able to
10 provide care or treatment for the offender's disability
11 and which agrees to do so.
12 (5) When an offender is placed with the Department of
13 Human Services or another facility pursuant to
14 subparagraph (2) or (4) of this paragraph (c), the
15 Department or private facility shall not discharge or
16 allow the offender to be at large in the community without
17 prior approval of the court. If the defendant is placed in
18 the custody of the Department of Human Services, the
19 defendant shall be placed in a secure setting unless the
20 court determines that there are compelling reasons why
21 such placement is not necessary. The offender shall accrue
22 good time and shall be eligible for parole in the same
23 manner as if he were serving his sentence within the
24 Department of Corrections. When the offender no longer
25 requires hospitalization, care, or treatment, the
26 Department of Human Services or the facility shall

HB3762- 40 -LRB103 29450 RLC 55842 b
1 transfer him, if his sentence has not expired, to the
2 Department of Corrections. If an offender is transferred
3 to the Department of Corrections, the Department of Human
4 Services shall transfer to the Department of Corrections
5 all related records pertaining to length of custody and
6 treatment services provided during the time the offender
7 was held.
8 (6) The Department of Corrections shall notify the
9 Department of Human Services or a facility in which an
10 offender has been placed pursuant to subparagraph (2) or
11 (4) of paragraph (c) of this Section of the expiration of
12 his sentence. Thereafter, an offender in the Department of
13 Human Services shall continue to be treated pursuant to
14 his commitment order and shall be considered a civilly
15 committed patient for all purposes including discharge. An
16 offender who is in a facility pursuant to subparagraph (4)
17 of paragraph (c) of this Section shall be informed by the
18 facility of the expiration of his sentence, and shall
19 either consent to the continuation of his care or
20 treatment by the facility or shall be discharged.
21(Source: P.A. 102-538, eff. 8-20-21.)
22 (725 ILCS 5/111-3) (from Ch. 38, par. 111-3)
23 Sec. 111-3. Form of charge.
24 (a) A charge shall be in writing and allege the commission
25of an offense by:

HB3762- 41 -LRB103 29450 RLC 55842 b
1 (1) Stating the name of the offense;
2 (2) Citing the statutory provision alleged to have
3 been violated;
4 (3) Setting forth the nature and elements of the
5 offense charged;
6 (4) Stating the date and county of the offense as
7 definitely as can be done; and
8 (5) Stating the name of the accused, if known, and if
9 not known, designate the accused by any name or
10 description by which he can be identified with reasonable
11 certainty.
12 (a-5) If the victim is alleged to have been subjected to an
13offense involving an illegal sexual act including, but not
14limited to, a sexual offense defined in Article 11 or Section
1510-9 of the Criminal Code of 2012, the charge shall state the
16identity of the victim by name, initials, or description.
17 (b) An indictment shall be signed by the foreman of the
18Grand Jury and an information shall be signed by the State's
19Attorney and sworn to by him or another. A complaint shall be
20sworn to and signed by the complainant; provided, that when a
21peace officer observes the commission of a misdemeanor and is
22the complaining witness, the signing of the complaint by the
23peace officer is sufficient to charge the defendant with the
24commission of the offense, and the complaint need not be sworn
25to if the officer signing the complaint certifies that the
26statements set forth in the complaint are true and correct and

HB3762- 42 -LRB103 29450 RLC 55842 b
1are subject to the penalties provided by law for false
2certification under Section 1-109 of the Code of Civil
3Procedure and perjury under Section 32-2 of the Criminal Code
4of 2012; and further provided, however, that when a citation
5is issued on a Uniform Traffic Ticket or Uniform Conservation
6Ticket (in a form prescribed by the Conference of Chief
7Circuit Judges and filed with the Supreme Court), the copy of
8such Uniform Ticket which is filed with the circuit court
9constitutes a complaint to which the defendant may plead,
10unless he specifically requests that a verified complaint be
11filed.
12 (c) When the State seeks an enhanced sentence because of a
13prior conviction, the charge shall also state the intention to
14seek an enhanced sentence and shall state such prior
15conviction so as to give notice to the defendant. However, the
16fact of such prior conviction and the State's intention to
17seek an enhanced sentence are not elements of the offense and
18may not be disclosed to the jury during trial unless otherwise
19permitted by issues properly raised during such trial. For the
20purposes of this Section, "enhanced sentence" means a sentence
21which is increased by a prior conviction from one
22classification of offense to another higher level
23classification of offense set forth in Section 5-4.5-10 of the
24Unified Code of Corrections (730 ILCS 5/5-4.5-10); it does not
25include an increase in the sentence applied within the same
26level of classification of offense.

HB3762- 43 -LRB103 29450 RLC 55842 b
1 (c-5) Notwithstanding any other provision of law, in all
2cases in which the imposition of the death penalty is not a
3possibility, if an alleged fact (other than the fact of a prior
4conviction) is not an element of an offense but is sought to be
5used to increase the range of penalties for the offense beyond
6the statutory maximum that could otherwise be imposed for the
7offense, the alleged fact must be included in the charging
8instrument or otherwise provided to the defendant through a
9written notification before trial, submitted to a trier of
10fact as an aggravating factor, and proved beyond a reasonable
11doubt. Failure to prove the fact beyond a reasonable doubt is
12not a bar to a conviction for commission of the offense, but is
13a bar to increasing, based on that fact, the range of penalties
14for the offense beyond the statutory maximum that could
15otherwise be imposed for that offense. Nothing in this
16subsection (c-5) requires the imposition of a sentence that
17increases the range of penalties for the offense beyond the
18statutory maximum that could otherwise be imposed for the
19offense if the imposition of that sentence is not required by
20law.
21 (d) At any time prior to trial, the State on motion shall
22be permitted to amend the charge, whether brought by
23indictment, information or complaint, to make the charge
24comply with subsection (c) or (c-5) of this Section. Nothing
25in Section 103-5 of this Code precludes such an amendment or a
26written notification made in accordance with subsection (c-5)

HB3762- 44 -LRB103 29450 RLC 55842 b
1of this Section.
2 (e) The provisions of subsection (a) of Section 5-4.5-95
3of the Unified Code of Corrections (730 ILCS 5/5-4.5-95) shall
4not be affected by this Section.
5(Source: P.A. 97-1150, eff. 1-25-13; 98-416, eff. 1-1-14.)
6 (725 ILCS 5/114-15)
7 Sec. 114-15. Intellectual disability.
8 (a) In a first degree murder case in which the State seeks
9the death penalty as an appropriate sentence, any party may
10raise the issue of the defendant's intellectual disabilities
11by motion. A defendant wishing to raise the issue of his or her
12intellectual disabilities shall provide written notice to the
13State and the court as soon as the defendant reasonably
14believes such issue will be raised.
15 (b) The issue of the defendant's intellectual disabilities
16shall be determined in a pretrial hearing. The court shall be
17the fact finder on the issue of the defendant's intellectual
18disabilities and shall determine the issue by a preponderance
19of evidence in which the moving party has the burden of proof.
20The court may appoint an expert in the field of intellectual
21disabilities. The defendant and the State may offer experts
22from the field of intellectual disabilities. The court shall
23determine admissibility of evidence and qualification as an
24expert.
25 (c) If after a plea of guilty to first degree murder, or a

HB3762- 45 -LRB103 29450 RLC 55842 b
1finding of guilty of first degree murder in a bench trial, or a
2verdict of guilty for first degree murder in a jury trial, or
3on a matter remanded from the Supreme Court for sentencing for
4first degree murder, and the State seeks the death penalty as
5an appropriate sentence, the defendant may raise the issue of
6defendant's intellectual disabilities not at eligibility but
7at aggravation and mitigation. The defendant and the State may
8offer experts from the field of intellectual disabilities. The
9court shall determine admissibility of evidence and
10qualification as an expert.
11 (d) In determining whether the defendant is a person with
12an intellectual disability, the intellectual disability must
13have manifested itself by the age of 18. IQ tests and
14psychometric tests administered to the defendant must be the
15kind and type recognized by experts in the field of
16intellectual disabilities. In order for the defendant to be
17considered a person with an intellectual disability, a low IQ
18must be accompanied by significant deficits in adaptive
19behavior in at least 2 of the following skill areas:
20communication, self-care, social or interpersonal skills, home
21living, self-direction, academics, health and safety, use of
22community resources, and work. An intelligence quotient (IQ)
23of 75 or below is presumptive evidence of an intellectual
24disability.
25 (e) Evidence of an intellectual disability that did not
26result in disqualifying the case as a capital case, may be

HB3762- 46 -LRB103 29450 RLC 55842 b
1introduced as evidence in mitigation during a capital
2sentencing hearing. A failure of the court to determine that
3the defendant is a person with an intellectual disability does
4not preclude the court during trial from allowing evidence
5relating to mental disability should the court deem it
6appropriate.
7 (f) If the court determines at a pretrial hearing or after
8remand that a capital defendant is a person with an
9intellectual disability, and the State does not appeal
10pursuant to Supreme Court Rule 604, the case shall no longer be
11considered a capital case and the procedural guidelines
12established for capital cases shall no longer be applicable to
13the defendant. In that case, the defendant shall be sentenced
14under the sentencing provisions of Chapter V of the Unified
15Code of Corrections.
16(Source: P.A. 99-143, eff. 7-27-15.)
17 (725 ILCS 5/116-4)
18 Sec. 116-4. Preservation of evidence for forensic testing.
19 (a) Before or after the trial in a prosecution for a
20violation of Section 11-1.20, 11-1.30, 11-1.40, 11-1.50,
2111-1.60, 12-13, 12-14, 12-14.1, 12-15, or 12-16 of the
22Criminal Code of 1961 or the Criminal Code of 2012 or in a
23prosecution for an offense defined in Article 9 of that Code,
24or in a prosecution for an attempt in violation of Section 8-4
25of that Code of any of the above-enumerated offenses, unless

HB3762- 47 -LRB103 29450 RLC 55842 b
1otherwise provided herein under subsection (b) or (c), a law
2enforcement agency or an agent acting on behalf of the law
3enforcement agency shall preserve, subject to a continuous
4chain of custody, any physical evidence in their possession or
5control that is reasonably likely to contain forensic
6evidence, including, but not limited to, fingerprints or
7biological material secured in relation to a trial and with
8sufficient documentation to locate that evidence.
9 (b) After a judgment of conviction is entered, the
10evidence shall either be impounded with the Clerk of the
11Circuit Court or shall be securely retained by a law
12enforcement agency. Retention shall be permanent in cases
13where a sentence of death is imposed. Retention shall be until
14the completion of the sentence, including the period of
15mandatory supervised release for the offense, or January 1,
162006, whichever is later, for any conviction for an offense or
17an attempt of an offense defined in Article 9 of the Criminal
18Code of 1961 or the Criminal Code of 2012 or in Section
1911-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-13, 12-14,
2012-14.1, 12-15, or 12-16 of the Criminal Code of 1961 or the
21Criminal Code of 2012 or for 7 years following any conviction
22for any other felony for which the defendant's genetic profile
23may be taken by a law enforcement agency and submitted for
24comparison in a forensic DNA database for unsolved offenses.
25 (c) After a judgment of conviction is entered, the law
26enforcement agency required to retain evidence described in

HB3762- 48 -LRB103 29450 RLC 55842 b
1subsection (a) may petition the court with notice to the
2defendant or, in cases where the defendant has died, his
3estate, his attorney of record, or an attorney appointed for
4that purpose by the court for entry of an order allowing it to
5dispose of evidence if, after a hearing, the court determines
6by a preponderance of the evidence that:
7 (1) it has no significant value for forensic science
8 analysis and should be returned to its rightful owner,
9 destroyed, used for training purposes, or as otherwise
10 provided by law; or
11 (2) it has no significant value for forensic science
12 analysis and is of a size, bulk, or physical character not
13 usually retained by the law enforcement agency and cannot
14 practicably be retained by the law enforcement agency; or
15 (3) there no longer exists a reasonable basis to
16 require the preservation of the evidence because of the
17 death of the defendant; however, this paragraph (3) does
18 not apply if a sentence of death was imposed.
19 (d) The court may order the disposition of the evidence if
20the defendant is allowed the opportunity to take reasonable
21measures to remove or preserve portions of the evidence in
22question for future testing.
23 (d-5) Any order allowing the disposition of evidence
24pursuant to subsection (c) or (d) shall be a final and
25appealable order. No evidence shall be disposed of until 30
26days after the order is entered, and if a notice of appeal is

HB3762- 49 -LRB103 29450 RLC 55842 b
1filed, no evidence shall be disposed of until the mandate has
2been received by the circuit court from the appellate court.
3 (d-10) All records documenting the possession, control,
4storage, and destruction of evidence and all police reports,
5evidence control or inventory records, and other reports cited
6in this Section, including computer records, must be retained
7for as long as the evidence exists and may not be disposed of
8without the approval of the Local Records Commission.
9 (e) In this Section, "law enforcement agency" includes any
10of the following or an agent acting on behalf of any of the
11following: a municipal police department, county sheriff's
12office, any prosecuting authority, the Illinois State Police,
13or any other State, university, county, federal, or municipal
14police unit or police force.
15 "Biological material" includes, but is not limited to, any
16blood, hair, saliva, or semen from which genetic marker
17groupings may be obtained.
18(Source: P.A. 102-538, eff. 8-20-21.)
19 (725 ILCS 5/121-13) (from Ch. 38, par. 121-13)
20 Sec. 121-13. Pauper Appeals.
21 (a) In any case wherein the defendant was convicted of a
22felony, if the court determines that the defendant desires
23counsel on appeal but is indigent the Public Defender or the
24State Appellate Defender shall be appointed as counsel, unless
25with the consent of the defendant and for good cause shown, the

HB3762- 50 -LRB103 29450 RLC 55842 b
1court may appoint counsel other than the Public Defender or
2the State Appellate Defender.
3 (b) In any case wherein the defendant was convicted of a
4felony and a sentence of death was not imposed in the trial
5court the reviewing court, upon petition of the defendant's
6counsel made not more frequently than every 60 days after
7appointment, shall determine a reasonable amount to be allowed
8an indigent defendant's counsel other than the Public Defender
9or the State Appellate Defender for compensation and
10reimbursement of expenditures necessarily incurred in the
11prosecution of the appeal or review proceedings. The
12compensation shall not exceed $1500 in each case, except that,
13in extraordinary circumstances, payment in excess of the
14limits herein stated may be made if the reviewing court
15certifies that the payment is necessary to provide fair
16compensation for protracted representation. The reviewing
17court shall enter an order directing the county treasurer of
18the county where the case was tried to pay the amount allowed
19by the court. The reviewing court may order the provisional
20payment of sums during the pendency of the cause.
21 (c) (blank). In any case in which a sentence of death was
22imposed in the trial court, the Supreme Court, upon written
23petition of the defendant's counsel made not more than every
2460 days after appointment, shall determine reasonable
25compensation for an indigent defendant's attorneys on appeal.
26The compensation shall not exceed $2,000 in each case, except

HB3762- 51 -LRB103 29450 RLC 55842 b
1that, in extraordinary circumstances, payment in excess of the
2limits herein stated may be made if the reviewing court
3certifies that the payment is necessary to provide fair
4compensation for protracted representation. The Supreme Court
5shall enter an order directing the county treasurer of the
6county where the case was tried to pay compensation and
7reimburse expenditures necessarily incurred in the prosecution
8of the appeal or review proceedings. The Supreme Court may
9order the provisional payment of sums during the pendency of
10the cause.
11(Source: P.A. 86-318; 87-580.)
12 (725 ILCS 5/122-1) (from Ch. 38, par. 122-1)
13 Sec. 122-1. Petition in the trial court.
14 (a) Any person imprisoned in the penitentiary may
15institute a proceeding under this Article if the person
16asserts that:
17 (1) in the proceedings which resulted in his or her
18 conviction there was a substantial denial of his or her
19 rights under the Constitution of the United States or of
20 the State of Illinois or both;
21 (2) (blank) the death penalty was imposed and there is
22 newly discovered evidence not available to the person at
23 the time of the proceeding that resulted in his or her
24 conviction that establishes a substantial basis to believe
25 that the defendant is actually innocent by clear and

HB3762- 52 -LRB103 29450 RLC 55842 b
1 convincing evidence; or
2 (3) (blank).
3 (a-5) A proceeding under paragraph (2) of subsection (a)
4may be commenced within a reasonable period of time after the
5person's conviction notwithstanding any other provisions of
6this Article. In such a proceeding regarding actual innocence,
7if the court determines the petition is frivolous or is
8patently without merit, it shall dismiss the petition in a
9written order, specifying the findings of fact and conclusions
10of law it made in reaching its decision. Such order of
11dismissal is a final judgment and shall be served upon the
12petitioner by certified mail within 10 days of its entry.
13 (b) The proceeding shall be commenced by filing with the
14clerk of the court in which the conviction took place a
15petition (together with a copy thereof) verified by affidavit.
16Petitioner shall also serve another copy upon the State's
17Attorney by any of the methods provided in Rule 7 of the
18Supreme Court. The clerk shall docket the petition for
19consideration by the court pursuant to Section 122-2.1 upon
20his or her receipt thereof and bring the same promptly to the
21attention of the court.
22 (c) Except as otherwise provided in subsection (a-5), if
23the petitioner is under sentence of death and a petition for
24writ of certiorari is filed, no proceedings under this Article
25shall be commenced more than 6 months after the conclusion of
26proceedings in the United States Supreme Court, unless the

HB3762- 53 -LRB103 29450 RLC 55842 b
1petitioner alleges facts showing that the delay was not due to
2his or her culpable negligence. If a petition for certiorari
3is not filed, no proceedings under this Article shall be
4commenced more than 6 months from the date for filing a
5certiorari petition, unless the petitioner alleges facts
6showing that the delay was not due to his or her culpable
7negligence.
8 When a defendant has a sentence other than death, no
9proceedings under this Article shall be commenced more than 6
10months after the conclusion of proceedings in the United
11States Supreme Court, unless the petitioner alleges facts
12showing that the delay was not due to his or her culpable
13negligence. If a petition for certiorari is not filed, no
14proceedings under this Article shall be commenced more than 6
15months from the date for filing a certiorari petition, unless
16the petitioner alleges facts showing that the delay was not
17due to his or her culpable negligence. If a defendant does not
18file a direct appeal, the post-conviction petition shall be
19filed no later than 3 years from the date of conviction, unless
20the petitioner alleges facts showing that the delay was not
21due to his or her culpable negligence.
22 This limitation does not apply to a petition advancing a
23claim of actual innocence.
24 (d) A person seeking relief by filing a petition under
25this Section must specify in the petition or its heading that
26it is filed under this Section. A trial court that has received

HB3762- 54 -LRB103 29450 RLC 55842 b
1a petition complaining of a conviction or sentence that fails
2to specify in the petition or its heading that it is filed
3under this Section need not evaluate the petition to determine
4whether it could otherwise have stated some grounds for relief
5under this Article.
6 (e) (Blank). A proceeding under this Article may not be
7commenced on behalf of a defendant who has been sentenced to
8death without the written consent of the defendant, unless the
9defendant, because of a mental or physical condition, is
10incapable of asserting his or her own claim.
11 (f) Only one petition may be filed by a petitioner under
12this Article without leave of the court. Leave of court may be
13granted only if a petitioner demonstrates cause for his or her
14failure to bring the claim in his or her initial
15post-conviction proceedings and prejudice results from that
16failure. For purposes of this subsection (f): (1) a prisoner
17shows cause by identifying an objective factor that impeded
18his or her ability to raise a specific claim during his or her
19initial post-conviction proceedings; and (2) a prisoner shows
20prejudice by demonstrating that the claim not raised during
21his or her initial post-conviction proceedings so infected the
22trial that the resulting conviction or sentence violated due
23process.
24(Source: P.A. 101-411, eff. 8-16-19; 102-639, eff. 8-27-21.)
25 (725 ILCS 5/122-2.1) (from Ch. 38, par. 122-2.1)

HB3762- 55 -LRB103 29450 RLC 55842 b
1 Sec. 122-2.1. (a) Within 90 days after the filing and
2docketing of each petition, the court shall examine such
3petition and enter an order thereon pursuant to this Section.
4 (1) (Blank). If the petitioner is under sentence of
5 death and is without counsel and alleges that he is
6 without means to procure counsel, he shall state whether
7 or not he wishes counsel to be appointed to represent him.
8 If appointment of counsel is so requested, the court shall
9 appoint counsel if satisfied that the petitioner has no
10 means to procure counsel.
11 (2) If the petitioner is sentenced to imprisonment and
12 the court determines the petition is frivolous or is
13 patently without merit, it shall dismiss the petition in a
14 written order, specifying the findings of fact and
15 conclusions of law it made in reaching its decision. Such
16 order of dismissal is a final judgment and shall be served
17 upon the petitioner by certified mail within 10 days of
18 its entry.
19 (b) If the petition is not dismissed pursuant to this
20Section, the court shall order the petition to be docketed for
21further consideration in accordance with Sections 122-4
22through 122-6. If the petitioner is under sentence of death,
23the court shall order the petition to be docketed for further
24consideration and hearing within one year of the filing of the
25petition. Continuances may be granted as the court deems
26appropriate.

HB3762- 56 -LRB103 29450 RLC 55842 b
1 (c) In considering a petition pursuant to this Section,
2the court may examine the court file of the proceeding in which
3the petitioner was convicted, any action taken by an appellate
4court in such proceeding and any transcripts of such
5proceeding.
6(Source: P.A. 93-605, eff. 11-19-03.)
7 (725 ILCS 5/122-2.2)
8 Sec. 122-2.2. Intellectual disability and post-conviction
9relief.
10 (a) (Blank). In cases where no determination of an
11intellectual disability was made and a defendant has been
12convicted of first-degree murder, sentenced to death, and is
13in custody pending execution of the sentence of death, the
14following procedures shall apply:
15 (1) Notwithstanding any other provision of law or rule
16 of court, a defendant may seek relief from the death
17 sentence through a petition for post-conviction relief
18 under this Article alleging that the defendant was a
19 person with an intellectual disability as defined in
20 Section 114-15 at the time the offense was alleged to have
21 been committed.
22 (2) The petition must be filed within 180 days of the
23 effective date of this amendatory Act of the 93rd General
24 Assembly or within 180 days of the issuance of the mandate
25 by the Illinois Supreme Court setting the date of

HB3762- 57 -LRB103 29450 RLC 55842 b
1 execution, whichever is later.
2 (b) All other provisions of this Article governing
3petitions for post-conviction relief shall apply to a petition
4for post-conviction relief alleging an intellectual
5disability.
6(Source: P.A. 99-78, eff. 7-20-15; 99-143, eff. 7-27-15.)
7 (725 ILCS 5/122-4) (from Ch. 38, par. 122-4)
8 Sec. 122-4. Pauper Petitions. If the petition is not
9dismissed pursuant to Section 122-2.1, and alleges that the
10petitioner is unable to pay the costs of the proceeding, the
11court may order that the petitioner be permitted to proceed as
12a poor person and order a transcript of the proceedings
13delivered to petitioner in accordance with Rule of the Supreme
14Court. If the petitioner is without counsel and alleges that
15he is without means to procure counsel, he shall state whether
16or not he wishes counsel to be appointed to represent him. If
17appointment of counsel is so requested, and the petition is
18not dismissed pursuant to Section 122-2.1, the court shall
19appoint counsel if satisfied that the petitioner has no means
20to procure counsel. A petitioner who is a prisoner in an
21Illinois Department of Corrections facility who files a
22pleading, motion, or other filing that purports to be a legal
23document seeking post-conviction relief under this Article
24against the State, the Illinois Department of Corrections, the
25Prisoner Review Board, or any of their officers or employees

HB3762- 58 -LRB103 29450 RLC 55842 b
1in which the court makes a specific finding that the pleading,
2motion, or other filing that purports to be a legal document is
3frivolous shall not proceed as a poor person and shall be
4liable for the full payment of filing fees and actual court
5costs as provided in Article XXII of the Code of Civil
6Procedure.
7 A Circuit Court or the Illinois Supreme Court may appoint
8the State Appellate Defender to provide post-conviction
9representation in a case in which the defendant is sentenced
10to death. Any attorney assigned by the Office of the State
11Appellate Defender to provide post-conviction representation
12for indigent defendants in cases in which a sentence of death
13was imposed in the trial court may, from time to time submit
14bills and time sheets to the Office of the State Appellate
15Defender for payment of services rendered and the Office of
16the State Appellate Defender shall pay bills from funds
17appropriated for this purpose in accordance with rules
18promulgated by the State Appellate Defender.
19 The court, at the conclusion of the proceedings upon
20receipt of a petition by the appointed counsel, shall
21determine a reasonable amount to be allowed an indigent
22defendant's counsel other than the Public Defender or the
23State Appellate Defender for compensation and reimbursement of
24expenditures necessarily incurred in the proceedings. The
25compensation shall not exceed $500 in each case, except that,
26in extraordinary circumstances, payment in excess of the

HB3762- 59 -LRB103 29450 RLC 55842 b
1limits herein stated may be made if the trial court certifies
2that the payment is necessary to provide fair compensation for
3protracted representation, and the amount is approved by the
4chief judge of the circuit. The court shall enter an order
5directing the county treasurer of the county where the case
6was tried to pay the amount thereby allowed by the court. The
7court may order the provisional payment of sums during the
8pendency of the cause.
9(Source: P.A. 90-505, eff. 8-19-97.)
10 (725 ILCS 5/119-5 rep.)
11 Section 35. The Code of Criminal Procedure of 1963 is
12amended by repealing Section 119-5.
13 Section 40. The State Appellate Defender Act is amended by
14changing Section 10.5 as follows:
15 (725 ILCS 105/10.5)
16 Sec. 10.5. Competitive bidding for appellate services.
17 (a) The State Appellate Defender may, to the extent
18necessary to dispose of its backlog of indigent criminal
19appeals, institute a competitive bidding program under which
20contracts for the services of attorneys in non-death penalty
21criminal appeals are awarded to the lowest responsible bidder.
22 (b) The State Appellate Defender, before letting out bids
23for contracts for the services of attorneys to represent

HB3762- 60 -LRB103 29450 RLC 55842 b
1indigent defendants on appeal in criminal cases, shall
2advertise the letting of the bids in a publication or
3publications of the Illinois State Bar Association, the
4Chicago Daily Law Bulletin, and the Chicago Lawyer. The State
5Appellate Defender shall also advertise the letting of the
6bids in newspapers of general circulation in major
7municipalities to be determined by the State Appellate
8Defender. The State Appellate Defender shall mail notices of
9the letting of the bids to county and local bar associations.
10 (c) Bids may be let in packages of one to 5, appeals.
11Additional cases may be assigned, in the discretion of the
12State Appellate Defender, after a successful bidder completes
13work on existing packages.
14 (d) A bid for services of an attorney under this Section
15shall be let only to an attorney licensed to practice law in
16Illinois who has prior criminal appellate experience or to an
17attorney who is a member or employee of a law firm which has at
18least one member with that experience. Prospective bidders
19must furnish legal writing samples that are deemed acceptable
20to the State Appellate Defender.
21 (e) An attorney who is awarded a contract under this
22Section shall communicate with each of his or her clients and
23shall file each initial brief before the due date established
24by Supreme Court Rule or by the Appellate Court. The State
25Appellate Defender may rescind the contract for attorney
26services and may require the return of the record on appeal if

HB3762- 61 -LRB103 29450 RLC 55842 b
1the contracted attorney fails to make satisfactory progress,
2in the opinion of the State Appellate Defender, toward filing
3a brief.
4 (f) Gross compensation for completing of a case shall be
5$40 per hour but shall not exceed $2,000 per case. The contract
6shall specify the manner of payment.
7 (g) (Blank).
8 (h) (Blank).
9(Source: P.A. 89-689, eff. 12-31-96; 90-505, eff. 8-19-97.)
10 Section 45. The Uniform Rendition of Prisoners as
11Witnesses in Criminal Proceedings Act is amended by changing
12Section 5 as follows:
13 (725 ILCS 235/5) (from Ch. 38, par. 157-5)
14 Sec. 5. Exceptions.
15 This act does not apply to any person in this State
16confined as mentally ill or , in need of mental treatment, or
17under sentence of death.
18(Source: Laws 1963, p. 2171.)
19 Section 50. The Unified Code of Corrections is amended by
20changing Sections 3-3-13, 3-6-3, 3-8-10, 5-1-9, 5-4-1, 5-4-3,
215-4.5-20, 5-5-3, and 5-8-1 as follows:
22 (730 ILCS 5/3-3-13) (from Ch. 38, par. 1003-3-13)

HB3762- 62 -LRB103 29450 RLC 55842 b
1 Sec. 3-3-13. Procedure for executive clemency.
2 (a) Petitions seeking pardon, commutation, or reprieve
3shall be addressed to the Governor and filed with the Prisoner
4Review Board. The petition shall be in writing and signed by
5the person under conviction or by a person on his behalf. It
6shall contain a brief history of the case, the reasons for
7seeking executive clemency, and other relevant information the
8Board may require.
9 (a-5) After a petition has been denied by the Governor,
10the Board may not accept a repeat petition for executive
11clemency for the same person until one full year has elapsed
12from the date of the denial. The Chairman of the Board may
13waive the one-year requirement if the petitioner offers in
14writing new information that was unavailable to the petitioner
15at the time of the filing of the prior petition and which the
16Chairman determines to be significant. The Chairman also may
17waive the one-year waiting period if the petitioner can show
18that a change in circumstances of a compelling humanitarian
19nature has arisen since the denial of the prior petition.
20 (b) Notice of the proposed application shall be given by
21the Board to the committing court and the state's attorney of
22the county where the conviction was had.
23 (b-5) Victims registered with the Board shall receive
24reasonable written notice not less than 30 days prior to the
25executive clemency hearing date. The victim has the right to
26submit a victim statement to the Prisoner Review Board for

HB3762- 63 -LRB103 29450 RLC 55842 b
1consideration at an executive clemency hearing as provided in
2subsection (c) of this Section. Victim statements provided to
3the Board shall be confidential and privileged, including any
4statements received prior to the effective date of this
5amendatory Act of the 101st General Assembly, except if the
6statement was an oral statement made by the victim at a hearing
7open to the public.
8 (c) The Board shall, upon due notice, give a hearing to
9each application, allowing representation by counsel, if
10desired, after which it shall confidentially advise the
11Governor by a written report of its recommendations which
12shall be determined by majority vote. The written report to
13the Governor shall be confidential and privileged, including
14any reports made prior to the effective date of this
15amendatory Act of the 101st General Assembly. The Board shall
16meet to consider such petitions no less than 4 times each year.
17 Application for executive clemency under this Section may
18not be commenced on behalf of a person who has been sentenced
19to death without the written consent of the defendant, unless
20the defendant, because of a mental or physical condition, is
21incapable of asserting his or her own claim.
22 (d) The Governor shall decide each application and
23communicate his decision to the Board which shall notify the
24petitioner.
25 In the event a petitioner who has been convicted of a Class
26X felony is granted a release, after the Governor has

HB3762- 64 -LRB103 29450 RLC 55842 b
1communicated such decision to the Board, the Board shall give
2written notice to the Sheriff of the county from which the
3offender was sentenced if such sheriff has requested that such
4notice be given on a continuing basis. In cases where arrest of
5the offender or the commission of the offense took place in any
6municipality with a population of more than 10,000 persons,
7the Board shall also give written notice to the proper law
8enforcement agency for said municipality which has requested
9notice on a continuing basis.
10 (e) Nothing in this Section shall be construed to limit
11the power of the Governor under the constitution to grant a
12reprieve, commutation of sentence, or pardon.
13(Source: P.A. 101-288, eff. 1-1-20.)
14 (730 ILCS 5/3-6-3) (from Ch. 38, par. 1003-6-3)
15 Sec. 3-6-3. Rules and regulations for sentence credit.
16 (a)(1) The Department of Corrections shall prescribe rules
17and regulations for awarding and revoking sentence credit for
18persons committed to the Department of Corrections and the
19Department of Juvenile Justice shall prescribe rules and
20regulations for awarding and revoking sentence credit for
21persons committed to the Department of Juvenile Justice under
22Section 5-8-6 of the Unified Code of Corrections, which shall
23be subject to review by the Prisoner Review Board.
24 (1.5) As otherwise provided by law, sentence credit may be
25awarded for the following:

HB3762- 65 -LRB103 29450 RLC 55842 b
1 (A) successful completion of programming while in
2 custody of the Department of Corrections or the Department
3 of Juvenile Justice or while in custody prior to
4 sentencing;
5 (B) compliance with the rules and regulations of the
6 Department; or
7 (C) service to the institution, service to a
8 community, or service to the State.
9 (2) Except as provided in paragraph (4.7) of this
10subsection (a), the rules and regulations on sentence credit
11shall provide, with respect to offenses listed in clause (i),
12(ii), or (iii) of this paragraph (2) committed on or after June
1319, 1998 or with respect to the offense listed in clause (iv)
14of this paragraph (2) committed on or after June 23, 2005 (the
15effective date of Public Act 94-71) or with respect to offense
16listed in clause (vi) committed on or after June 1, 2008 (the
17effective date of Public Act 95-625) or with respect to the
18offense of being an armed habitual criminal committed on or
19after August 2, 2005 (the effective date of Public Act 94-398)
20or with respect to the offenses listed in clause (v) of this
21paragraph (2) committed on or after August 13, 2007 (the
22effective date of Public Act 95-134) or with respect to the
23offense of aggravated domestic battery committed on or after
24July 23, 2010 (the effective date of Public Act 96-1224) or
25with respect to the offense of attempt to commit terrorism
26committed on or after January 1, 2013 (the effective date of

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1Public Act 97-990), the following:
2 (i) that a prisoner who is serving a term of
3 imprisonment for first degree murder or for the offense of
4 terrorism shall receive no sentence credit and shall serve
5 the entire sentence imposed by the court;
6 (ii) that a prisoner serving a sentence for attempt to
7 commit terrorism, attempt to commit first degree murder,
8 solicitation of murder, solicitation of murder for hire,
9 intentional homicide of an unborn child, predatory
10 criminal sexual assault of a child, aggravated criminal
11 sexual assault, criminal sexual assault, aggravated
12 kidnapping, aggravated battery with a firearm as described
13 in Section 12-4.2 or subdivision (e)(1), (e)(2), (e)(3),
14 or (e)(4) of Section 12-3.05, heinous battery as described
15 in Section 12-4.1 or subdivision (a)(2) of Section
16 12-3.05, being an armed habitual criminal, aggravated
17 battery of a senior citizen as described in Section 12-4.6
18 or subdivision (a)(4) of Section 12-3.05, or aggravated
19 battery of a child as described in Section 12-4.3 or
20 subdivision (b)(1) of Section 12-3.05 shall receive no
21 more than 4.5 days of sentence credit for each month of his
22 or her sentence of imprisonment;
23 (iii) that a prisoner serving a sentence for home
24 invasion, armed robbery, aggravated vehicular hijacking,
25 aggravated discharge of a firearm, or armed violence with
26 a category I weapon or category II weapon, when the court

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1 has made and entered a finding, pursuant to subsection
2 (c-1) of Section 5-4-1 of this Code, that the conduct
3 leading to conviction for the enumerated offense resulted
4 in great bodily harm to a victim, shall receive no more
5 than 4.5 days of sentence credit for each month of his or
6 her sentence of imprisonment;
7 (iv) that a prisoner serving a sentence for aggravated
8 discharge of a firearm, whether or not the conduct leading
9 to conviction for the offense resulted in great bodily
10 harm to the victim, shall receive no more than 4.5 days of
11 sentence credit for each month of his or her sentence of
12 imprisonment;
13 (v) that a person serving a sentence for gunrunning,
14 narcotics racketeering, controlled substance trafficking,
15 methamphetamine trafficking, drug-induced homicide,
16 aggravated methamphetamine-related child endangerment,
17 money laundering pursuant to clause (c) (4) or (5) of
18 Section 29B-1 of the Criminal Code of 1961 or the Criminal
19 Code of 2012, or a Class X felony conviction for delivery
20 of a controlled substance, possession of a controlled
21 substance with intent to manufacture or deliver,
22 calculated criminal drug conspiracy, criminal drug
23 conspiracy, street gang criminal drug conspiracy,
24 participation in methamphetamine manufacturing,
25 aggravated participation in methamphetamine
26 manufacturing, delivery of methamphetamine, possession

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1 with intent to deliver methamphetamine, aggravated
2 delivery of methamphetamine, aggravated possession with
3 intent to deliver methamphetamine, methamphetamine
4 conspiracy when the substance containing the controlled
5 substance or methamphetamine is 100 grams or more shall
6 receive no more than 7.5 days sentence credit for each
7 month of his or her sentence of imprisonment;
8 (vi) that a prisoner serving a sentence for a second
9 or subsequent offense of luring a minor shall receive no
10 more than 4.5 days of sentence credit for each month of his
11 or her sentence of imprisonment; and
12 (vii) that a prisoner serving a sentence for
13 aggravated domestic battery shall receive no more than 4.5
14 days of sentence credit for each month of his or her
15 sentence of imprisonment.
16 (2.1) For all offenses, other than those enumerated in
17subdivision (a)(2)(i), (ii), or (iii) committed on or after
18June 19, 1998 or subdivision (a)(2)(iv) committed on or after
19June 23, 2005 (the effective date of Public Act 94-71) or
20subdivision (a)(2)(v) committed on or after August 13, 2007
21(the effective date of Public Act 95-134) or subdivision
22(a)(2)(vi) committed on or after June 1, 2008 (the effective
23date of Public Act 95-625) or subdivision (a)(2)(vii)
24committed on or after July 23, 2010 (the effective date of
25Public Act 96-1224), and other than the offense of aggravated
26driving under the influence of alcohol, other drug or drugs,

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1or intoxicating compound or compounds, or any combination
2thereof as defined in subparagraph (F) of paragraph (1) of
3subsection (d) of Section 11-501 of the Illinois Vehicle Code,
4and other than the offense of aggravated driving under the
5influence of alcohol, other drug or drugs, or intoxicating
6compound or compounds, or any combination thereof as defined
7in subparagraph (C) of paragraph (1) of subsection (d) of
8Section 11-501 of the Illinois Vehicle Code committed on or
9after January 1, 2011 (the effective date of Public Act
1096-1230), the rules and regulations shall provide that a
11prisoner who is serving a term of imprisonment shall receive
12one day of sentence credit for each day of his or her sentence
13of imprisonment or recommitment under Section 3-3-9. Each day
14of sentence credit shall reduce by one day the prisoner's
15period of imprisonment or recommitment under Section 3-3-9.
16 (2.2) A prisoner serving a term of natural life
17imprisonment or a prisoner who has been sentenced to death
18shall receive no sentence credit.
19 (2.3) Except as provided in paragraph (4.7) of this
20subsection (a), the rules and regulations on sentence credit
21shall provide that a prisoner who is serving a sentence for
22aggravated driving under the influence of alcohol, other drug
23or drugs, or intoxicating compound or compounds, or any
24combination thereof as defined in subparagraph (F) of
25paragraph (1) of subsection (d) of Section 11-501 of the
26Illinois Vehicle Code, shall receive no more than 4.5 days of

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1sentence credit for each month of his or her sentence of
2imprisonment.
3 (2.4) Except as provided in paragraph (4.7) of this
4subsection (a), the rules and regulations on sentence credit
5shall provide with respect to the offenses of aggravated
6battery with a machine gun or a firearm equipped with any
7device or attachment designed or used for silencing the report
8of a firearm or aggravated discharge of a machine gun or a
9firearm equipped with any device or attachment designed or
10used for silencing the report of a firearm, committed on or
11after July 15, 1999 (the effective date of Public Act 91-121),
12that a prisoner serving a sentence for any of these offenses
13shall receive no more than 4.5 days of sentence credit for each
14month of his or her sentence of imprisonment.
15 (2.5) Except as provided in paragraph (4.7) of this
16subsection (a), the rules and regulations on sentence credit
17shall provide that a prisoner who is serving a sentence for
18aggravated arson committed on or after July 27, 2001 (the
19effective date of Public Act 92-176) shall receive no more
20than 4.5 days of sentence credit for each month of his or her
21sentence of imprisonment.
22 (2.6) Except as provided in paragraph (4.7) of this
23subsection (a), the rules and regulations on sentence credit
24shall provide that a prisoner who is serving a sentence for
25aggravated driving under the influence of alcohol, other drug
26or drugs, or intoxicating compound or compounds or any

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1combination thereof as defined in subparagraph (C) of
2paragraph (1) of subsection (d) of Section 11-501 of the
3Illinois Vehicle Code committed on or after January 1, 2011
4(the effective date of Public Act 96-1230) shall receive no
5more than 4.5 days of sentence credit for each month of his or
6her sentence of imprisonment.
7 (3) In addition to the sentence credits earned under
8paragraphs (2.1), (4), (4.1), (4.2), and (4.7) of this
9subsection (a), the rules and regulations shall also provide
10that the Director of Corrections or the Director of Juvenile
11Justice may award up to 180 days of earned sentence credit for
12prisoners serving a sentence of incarceration of less than 5
13years, and up to 365 days of earned sentence credit for
14prisoners serving a sentence of 5 years or longer. The
15Director may grant this credit for good conduct in specific
16instances as either Director deems proper for eligible persons
17in the custody of each Director's respective Department. The
18good conduct may include, but is not limited to, compliance
19with the rules and regulations of the Department, service to
20the Department, service to a community, or service to the
21State.
22 Eligible inmates for an award of earned sentence credit
23under this paragraph (3) may be selected to receive the credit
24at either Director's or his or her designee's sole discretion.
25Eligibility for the additional earned sentence credit under
26this paragraph (3) may be based on, but is not limited to,

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1participation in programming offered by the Department as
2appropriate for the prisoner based on the results of any
3available risk/needs assessment or other relevant assessments
4or evaluations administered by the Department using a
5validated instrument, the circumstances of the crime,
6demonstrated commitment to rehabilitation by a prisoner with a
7history of conviction for a forcible felony enumerated in
8Section 2-8 of the Criminal Code of 2012, the inmate's
9behavior and improvements in disciplinary history while
10incarcerated, and the inmate's commitment to rehabilitation,
11including participation in programming offered by the
12Department.
13 The Director of Corrections or the Director of Juvenile
14Justice shall not award sentence credit under this paragraph
15(3) to an inmate unless the inmate has served a minimum of 60
16days of the sentence; except nothing in this paragraph shall
17be construed to permit either Director to extend an inmate's
18sentence beyond that which was imposed by the court. Prior to
19awarding credit under this paragraph (3), each Director shall
20make a written determination that the inmate:
21 (A) is eligible for the earned sentence credit;
22 (B) has served a minimum of 60 days, or as close to 60
23 days as the sentence will allow;
24 (B-1) has received a risk/needs assessment or other
25 relevant evaluation or assessment administered by the
26 Department using a validated instrument; and

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1 (C) has met the eligibility criteria established by
2 rule for earned sentence credit.
3 The Director of Corrections or the Director of Juvenile
4Justice shall determine the form and content of the written
5determination required in this subsection.
6 (3.5) The Department shall provide annual written reports
7to the Governor and the General Assembly on the award of earned
8sentence credit no later than February 1 of each year. The
9Department must publish both reports on its website within 48
10hours of transmitting the reports to the Governor and the
11General Assembly. The reports must include:
12 (A) the number of inmates awarded earned sentence
13 credit;
14 (B) the average amount of earned sentence credit
15 awarded;
16 (C) the holding offenses of inmates awarded earned
17 sentence credit; and
18 (D) the number of earned sentence credit revocations.
19 (4)(A) Except as provided in paragraph (4.7) of this
20subsection (a), the rules and regulations shall also provide
21that any prisoner who is engaged full-time in substance abuse
22programs, correctional industry assignments, educational
23programs, work-release programs or activities in accordance
24with Article 13 of Chapter III of this Code, behavior
25modification programs, life skills courses, or re-entry
26planning provided by the Department under this paragraph (4)

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1and satisfactorily completes the assigned program as
2determined by the standards of the Department, shall receive
3one day of sentence credit for each day in which that prisoner
4is engaged in the activities described in this paragraph. The
5rules and regulations shall also provide that sentence credit
6may be provided to an inmate who was held in pre-trial
7detention prior to his or her current commitment to the
8Department of Corrections and successfully completed a
9full-time, 60-day or longer substance abuse program,
10educational program, behavior modification program, life
11skills course, or re-entry planning provided by the county
12department of corrections or county jail. Calculation of this
13county program credit shall be done at sentencing as provided
14in Section 5-4.5-100 of this Code and shall be included in the
15sentencing order. The rules and regulations shall also provide
16that sentence credit may be provided to an inmate who is in
17compliance with programming requirements in an adult
18transition center.
19 (B) The Department shall award sentence credit under this
20paragraph (4) accumulated prior to January 1, 2020 (the
21effective date of Public Act 101-440) in an amount specified
22in subparagraph (C) of this paragraph (4) to an inmate serving
23a sentence for an offense committed prior to June 19, 1998, if
24the Department determines that the inmate is entitled to this
25sentence credit, based upon:
26 (i) documentation provided by the Department that the

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1 inmate engaged in any full-time substance abuse programs,
2 correctional industry assignments, educational programs,
3 behavior modification programs, life skills courses, or
4 re-entry planning provided by the Department under this
5 paragraph (4) and satisfactorily completed the assigned
6 program as determined by the standards of the Department
7 during the inmate's current term of incarceration; or
8 (ii) the inmate's own testimony in the form of an
9 affidavit or documentation, or a third party's
10 documentation or testimony in the form of an affidavit
11 that the inmate likely engaged in any full-time substance
12 abuse programs, correctional industry assignments,
13 educational programs, behavior modification programs, life
14 skills courses, or re-entry planning provided by the
15 Department under paragraph (4) and satisfactorily
16 completed the assigned program as determined by the
17 standards of the Department during the inmate's current
18 term of incarceration.
19 (C) If the inmate can provide documentation that he or she
20is entitled to sentence credit under subparagraph (B) in
21excess of 45 days of participation in those programs, the
22inmate shall receive 90 days of sentence credit. If the inmate
23cannot provide documentation of more than 45 days of
24participation in those programs, the inmate shall receive 45
25days of sentence credit. In the event of a disagreement
26between the Department and the inmate as to the amount of

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1credit accumulated under subparagraph (B), if the Department
2provides documented proof of a lesser amount of days of
3participation in those programs, that proof shall control. If
4the Department provides no documentary proof, the inmate's
5proof as set forth in clause (ii) of subparagraph (B) shall
6control as to the amount of sentence credit provided.
7 (D) If the inmate has been convicted of a sex offense as
8defined in Section 2 of the Sex Offender Registration Act,
9sentencing credits under subparagraph (B) of this paragraph
10(4) shall be awarded by the Department only if the conditions
11set forth in paragraph (4.6) of subsection (a) are satisfied.
12No inmate serving a term of natural life imprisonment shall
13receive sentence credit under subparagraph (B) of this
14paragraph (4).
15 Educational, vocational, substance abuse, behavior
16modification programs, life skills courses, re-entry planning,
17and correctional industry programs under which sentence credit
18may be earned under this paragraph (4) and paragraph (4.1) of
19this subsection (a) shall be evaluated by the Department on
20the basis of documented standards. The Department shall report
21the results of these evaluations to the Governor and the
22General Assembly by September 30th of each year. The reports
23shall include data relating to the recidivism rate among
24program participants.
25 Availability of these programs shall be subject to the
26limits of fiscal resources appropriated by the General

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1Assembly for these purposes. Eligible inmates who are denied
2immediate admission shall be placed on a waiting list under
3criteria established by the Department. The rules and
4regulations shall provide that a prisoner who has been placed
5on a waiting list but is transferred for non-disciplinary
6reasons before beginning a program shall receive priority
7placement on the waitlist for appropriate programs at the new
8facility. The inability of any inmate to become engaged in any
9such programs by reason of insufficient program resources or
10for any other reason established under the rules and
11regulations of the Department shall not be deemed a cause of
12action under which the Department or any employee or agent of
13the Department shall be liable for damages to the inmate. The
14rules and regulations shall provide that a prisoner who begins
15an educational, vocational, substance abuse, work-release
16programs or activities in accordance with Article 13 of
17Chapter III of this Code, behavior modification program, life
18skills course, re-entry planning, or correctional industry
19programs but is unable to complete the program due to illness,
20disability, transfer, lockdown, or another reason outside of
21the prisoner's control shall receive prorated sentence credits
22for the days in which the prisoner did participate.
23 (4.1) Except as provided in paragraph (4.7) of this
24subsection (a), the rules and regulations shall also provide
25that an additional 90 days of sentence credit shall be awarded
26to any prisoner who passes high school equivalency testing

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1while the prisoner is committed to the Department of
2Corrections. The sentence credit awarded under this paragraph
3(4.1) shall be in addition to, and shall not affect, the award
4of sentence credit under any other paragraph of this Section,
5but shall also be pursuant to the guidelines and restrictions
6set forth in paragraph (4) of subsection (a) of this Section.
7The sentence credit provided for in this paragraph shall be
8available only to those prisoners who have not previously
9earned a high school diploma or a State of Illinois High School
10Diploma. If, after an award of the high school equivalency
11testing sentence credit has been made, the Department
12determines that the prisoner was not eligible, then the award
13shall be revoked. The Department may also award 90 days of
14sentence credit to any committed person who passed high school
15equivalency testing while he or she was held in pre-trial
16detention prior to the current commitment to the Department of
17Corrections. Except as provided in paragraph (4.7) of this
18subsection (a), the rules and regulations shall provide that
19an additional 120 days of sentence credit shall be awarded to
20any prisoner who obtains an associate degree while the
21prisoner is committed to the Department of Corrections,
22regardless of the date that the associate degree was obtained,
23including if prior to July 1, 2021 (the effective date of
24Public Act 101-652). The sentence credit awarded under this
25paragraph (4.1) shall be in addition to, and shall not affect,
26the award of sentence credit under any other paragraph of this

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1Section, but shall also be under the guidelines and
2restrictions set forth in paragraph (4) of subsection (a) of
3this Section. The sentence credit provided for in this
4paragraph (4.1) shall be available only to those prisoners who
5have not previously earned an associate degree prior to the
6current commitment to the Department of Corrections. If, after
7an award of the associate degree sentence credit has been made
8and the Department determines that the prisoner was not
9eligible, then the award shall be revoked. The Department may
10also award 120 days of sentence credit to any committed person
11who earned an associate degree while he or she was held in
12pre-trial detention prior to the current commitment to the
13Department of Corrections.
14 Except as provided in paragraph (4.7) of this subsection
15(a), the rules and regulations shall provide that an
16additional 180 days of sentence credit shall be awarded to any
17prisoner who obtains a bachelor's degree while the prisoner is
18committed to the Department of Corrections. The sentence
19credit awarded under this paragraph (4.1) shall be in addition
20to, and shall not affect, the award of sentence credit under
21any other paragraph of this Section, but shall also be under
22the guidelines and restrictions set forth in paragraph (4) of
23this subsection (a). The sentence credit provided for in this
24paragraph shall be available only to those prisoners who have
25not earned a bachelor's degree prior to the current commitment
26to the Department of Corrections. If, after an award of the

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1bachelor's degree sentence credit has been made, the
2Department determines that the prisoner was not eligible, then
3the award shall be revoked. The Department may also award 180
4days of sentence credit to any committed person who earned a
5bachelor's degree while he or she was held in pre-trial
6detention prior to the current commitment to the Department of
7Corrections.
8 Except as provided in paragraph (4.7) of this subsection
9(a), the rules and regulations shall provide that an
10additional 180 days of sentence credit shall be awarded to any
11prisoner who obtains a master's or professional degree while
12the prisoner is committed to the Department of Corrections.
13The sentence credit awarded under this paragraph (4.1) shall
14be in addition to, and shall not affect, the award of sentence
15credit under any other paragraph of this Section, but shall
16also be under the guidelines and restrictions set forth in
17paragraph (4) of this subsection (a). The sentence credit
18provided for in this paragraph shall be available only to
19those prisoners who have not previously earned a master's or
20professional degree prior to the current commitment to the
21Department of Corrections. If, after an award of the master's
22or professional degree sentence credit has been made, the
23Department determines that the prisoner was not eligible, then
24the award shall be revoked. The Department may also award 180
25days of sentence credit to any committed person who earned a
26master's or professional degree while he or she was held in

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1pre-trial detention prior to the current commitment to the
2Department of Corrections.
3 (4.2) The rules and regulations shall also provide that
4any prisoner engaged in self-improvement programs, volunteer
5work, or work assignments that are not otherwise eligible
6activities under paragraph (4), shall receive up to 0.5 days
7of sentence credit for each day in which the prisoner is
8engaged in activities described in this paragraph.
9 (4.5) The rules and regulations on sentence credit shall
10also provide that when the court's sentencing order recommends
11a prisoner for substance abuse treatment and the crime was
12committed on or after September 1, 2003 (the effective date of
13Public Act 93-354), the prisoner shall receive no sentence
14credit awarded under clause (3) of this subsection (a) unless
15he or she participates in and completes a substance abuse
16treatment program. The Director of Corrections may waive the
17requirement to participate in or complete a substance abuse
18treatment program in specific instances if the prisoner is not
19a good candidate for a substance abuse treatment program for
20medical, programming, or operational reasons. Availability of
21substance abuse treatment shall be subject to the limits of
22fiscal resources appropriated by the General Assembly for
23these purposes. If treatment is not available and the
24requirement to participate and complete the treatment has not
25been waived by the Director, the prisoner shall be placed on a
26waiting list under criteria established by the Department. The

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1Director may allow a prisoner placed on a waiting list to
2participate in and complete a substance abuse education class
3or attend substance abuse self-help meetings in lieu of a
4substance abuse treatment program. A prisoner on a waiting
5list who is not placed in a substance abuse program prior to
6release may be eligible for a waiver and receive sentence
7credit under clause (3) of this subsection (a) at the
8discretion of the Director.
9 (4.6) The rules and regulations on sentence credit shall
10also provide that a prisoner who has been convicted of a sex
11offense as defined in Section 2 of the Sex Offender
12Registration Act shall receive no sentence credit unless he or
13she either has successfully completed or is participating in
14sex offender treatment as defined by the Sex Offender
15Management Board. However, prisoners who are waiting to
16receive treatment, but who are unable to do so due solely to
17the lack of resources on the part of the Department, may, at
18either Director's sole discretion, be awarded sentence credit
19at a rate as the Director shall determine.
20 (4.7) On or after January 1, 2018 (the effective date of
21Public Act 100-3), sentence credit under paragraph (3), (4),
22or (4.1) of this subsection (a) may be awarded to a prisoner
23who is serving a sentence for an offense described in
24paragraph (2), (2.3), (2.4), (2.5), or (2.6) for credit earned
25on or after January 1, 2018 (the effective date of Public Act
26100-3); provided, the award of the credits under this

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1paragraph (4.7) shall not reduce the sentence of the prisoner
2to less than the following amounts:
3 (i) 85% of his or her sentence if the prisoner is
4 required to serve 85% of his or her sentence; or
5 (ii) 60% of his or her sentence if the prisoner is
6 required to serve 75% of his or her sentence, except if the
7 prisoner is serving a sentence for gunrunning his or her
8 sentence shall not be reduced to less than 75%.
9 (iii) 100% of his or her sentence if the prisoner is
10 required to serve 100% of his or her sentence.
11 (5) Whenever the Department is to release any inmate
12earlier than it otherwise would because of a grant of earned
13sentence credit under paragraph (3) of subsection (a) of this
14Section given at any time during the term, the Department
15shall give reasonable notice of the impending release not less
16than 14 days prior to the date of the release to the State's
17Attorney of the county where the prosecution of the inmate
18took place, and if applicable, the State's Attorney of the
19county into which the inmate will be released. The Department
20must also make identification information and a recent photo
21of the inmate being released accessible on the Internet by
22means of a hyperlink labeled "Community Notification of Inmate
23Early Release" on the Department's World Wide Web homepage.
24The identification information shall include the inmate's:
25name, any known alias, date of birth, physical
26characteristics, commitment offense, and county where

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1conviction was imposed. The identification information shall
2be placed on the website within 3 days of the inmate's release
3and the information may not be removed until either:
4completion of the first year of mandatory supervised release
5or return of the inmate to custody of the Department.
6 (b) Whenever a person is or has been committed under
7several convictions, with separate sentences, the sentences
8shall be construed under Section 5-8-4 in granting and
9forfeiting of sentence credit.
10 (c) (1) The Department shall prescribe rules and
11regulations for revoking sentence credit, including revoking
12sentence credit awarded under paragraph (3) of subsection (a)
13of this Section. The Department shall prescribe rules and
14regulations establishing and requiring the use of a sanctions
15matrix for revoking sentence credit. The Department shall
16prescribe rules and regulations for suspending or reducing the
17rate of accumulation of sentence credit for specific rule
18violations, during imprisonment. These rules and regulations
19shall provide that no inmate may be penalized more than one
20year of sentence credit for any one infraction.
21 (2) When the Department seeks to revoke, suspend, or
22reduce the rate of accumulation of any sentence credits for an
23alleged infraction of its rules, it shall bring charges
24therefor against the prisoner sought to be so deprived of
25sentence credits before the Prisoner Review Board as provided
26in subparagraph (a)(4) of Section 3-3-2 of this Code, if the

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1amount of credit at issue exceeds 30 days, whether from one
2infraction or cumulatively from multiple infractions arising
3out of a single event, or when, during any 12-month period, the
4cumulative amount of credit revoked exceeds 30 days except
5where the infraction is committed or discovered within 60 days
6of scheduled release. In those cases, the Department of
7Corrections may revoke up to 30 days of sentence credit. The
8Board may subsequently approve the revocation of additional
9sentence credit, if the Department seeks to revoke sentence
10credit in excess of 30 days. However, the Board shall not be
11empowered to review the Department's decision with respect to
12the loss of 30 days of sentence credit within any calendar year
13for any prisoner or to increase any penalty beyond the length
14requested by the Department.
15 (3) The Director of Corrections or the Director of
16Juvenile Justice, in appropriate cases, may restore sentence
17credits which have been revoked, suspended, or reduced. The
18Department shall prescribe rules and regulations governing the
19restoration of sentence credits. These rules and regulations
20shall provide for the automatic restoration of sentence
21credits following a period in which the prisoner maintains a
22record without a disciplinary violation.
23 Nothing contained in this Section shall prohibit the
24Prisoner Review Board from ordering, pursuant to Section
253-3-9(a)(3)(i)(B), that a prisoner serve up to one year of the
26sentence imposed by the court that was not served due to the

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1accumulation of sentence credit.
2 (d) If a lawsuit is filed by a prisoner in an Illinois or
3federal court against the State, the Department of
4Corrections, or the Prisoner Review Board, or against any of
5their officers or employees, and the court makes a specific
6finding that a pleading, motion, or other paper filed by the
7prisoner is frivolous, the Department of Corrections shall
8conduct a hearing to revoke up to 180 days of sentence credit
9by bringing charges against the prisoner sought to be deprived
10of the sentence credits before the Prisoner Review Board as
11provided in subparagraph (a)(8) of Section 3-3-2 of this Code.
12If the prisoner has not accumulated 180 days of sentence
13credit at the time of the finding, then the Prisoner Review
14Board may revoke all sentence credit accumulated by the
15prisoner.
16 For purposes of this subsection (d):
17 (1) "Frivolous" means that a pleading, motion, or
18 other filing which purports to be a legal document filed
19 by a prisoner in his or her lawsuit meets any or all of the
20 following criteria:
21 (A) it lacks an arguable basis either in law or in
22 fact;
23 (B) it is being presented for any improper
24 purpose, such as to harass or to cause unnecessary
25 delay or needless increase in the cost of litigation;
26 (C) the claims, defenses, and other legal

HB3762- 87 -LRB103 29450 RLC 55842 b
1 contentions therein are not warranted by existing law
2 or by a nonfrivolous argument for the extension,
3 modification, or reversal of existing law or the
4 establishment of new law;
5 (D) the allegations and other factual contentions
6 do not have evidentiary support or, if specifically so
7 identified, are not likely to have evidentiary support
8 after a reasonable opportunity for further
9 investigation or discovery; or
10 (E) the denials of factual contentions are not
11 warranted on the evidence, or if specifically so
12 identified, are not reasonably based on a lack of
13 information or belief.
14 (2) "Lawsuit" means a motion pursuant to Section 116-3
15 of the Code of Criminal Procedure of 1963, a habeas corpus
16 action under Article X of the Code of Civil Procedure or
17 under federal law (28 U.S.C. 2254), a petition for claim
18 under the Court of Claims Act, an action under the federal
19 Civil Rights Act (42 U.S.C. 1983), or a second or
20 subsequent petition for post-conviction relief under
21 Article 122 of the Code of Criminal Procedure of 1963
22 whether filed with or without leave of court or a second or
23 subsequent petition for relief from judgment under Section
24 2-1401 of the Code of Civil Procedure.
25 (e) Nothing in Public Act 90-592 or 90-593 affects the
26validity of Public Act 89-404.

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1 (f) Whenever the Department is to release any inmate who
2has been convicted of a violation of an order of protection
3under Section 12-3.4 or 12-30 of the Criminal Code of 1961 or
4the Criminal Code of 2012, earlier than it otherwise would
5because of a grant of sentence credit, the Department, as a
6condition of release, shall require that the person, upon
7release, be placed under electronic surveillance as provided
8in Section 5-8A-7 of this Code.
9(Source: P.A. 101-440, eff. 1-1-20; 101-652, eff. 7-1-21;
10102-28, eff. 6-25-21; 102-558, eff. 8-20-21; 102-784, eff.
115-13-22; 102-1100, eff. 1-1-23; revised 12-14-22.)
12 (730 ILCS 5/3-8-10) (from Ch. 38, par. 1003-8-10)
13 Sec. 3-8-10. Intrastate Detainers. Subsection Except for
14persons sentenced to death, subsection (b), (c) and (e) of
15Section 103-5 of the Code of Criminal Procedure of 1963 shall
16also apply to persons committed to any institution or facility
17or program of the Illinois Department of Corrections who have
18untried complaints, charges or indictments pending in any
19county of this State, and such person shall include in the
20demand under subsection (b), a statement of the place of
21present commitment, the term, and length of the remaining
22term, the charges pending against him or her to be tried and
23the county of the charges, and the demand shall be addressed to
24the state's attorney of the county where he or she is charged
25with a copy to the clerk of that court and a copy to the chief

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1administrative officer of the Department of Corrections
2institution or facility to which he or she is committed. The
3state's attorney shall then procure the presence of the
4defendant for trial in his county by habeas corpus. Additional
5time may be granted by the court for the process of bringing
6and serving an order of habeas corpus ad prosequendum. In the
7event that the person is not brought to trial within the
8allotted time, then the charge for which he or she has
9requested a speedy trial shall be dismissed. The provisions of
10this Section do not apply to persons no longer committed to a
11facility or program of the Illinois Department of Corrections.
12A person serving a period of parole or mandatory supervised
13release under the supervision of the Department of
14Corrections, for the purpose of this Section, shall not be
15deemed to be committed to the Department.
16(Source: P.A. 96-642, eff. 8-24-09.)
17 (730 ILCS 5/5-1-9) (from Ch. 38, par. 1005-1-9)
18 Sec. 5-1-9. Felony.
19 "Felony" means an offense for which a sentence to death or
20to a term of imprisonment in a penitentiary for one year or
21more is provided.
22(Source: P.A. 77-2097.)
23 (730 ILCS 5/5-4-1) (from Ch. 38, par. 1005-4-1)
24 Sec. 5-4-1. Sentencing hearing.

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1 (a) After Except when the death penalty is sought under
2hearing procedures otherwise specified, after a determination
3of guilt, a hearing shall be held to impose the sentence.
4However, prior to the imposition of sentence on an individual
5being sentenced for an offense based upon a charge for a
6violation of Section 11-501 of the Illinois Vehicle Code or a
7similar provision of a local ordinance, the individual must
8undergo a professional evaluation to determine if an alcohol
9or other drug abuse problem exists and the extent of such a
10problem. Programs conducting these evaluations shall be
11licensed by the Department of Human Services. However, if the
12individual is not a resident of Illinois, the court may, in its
13discretion, accept an evaluation from a program in the state
14of such individual's residence. The court shall make a
15specific finding about whether the defendant is eligible for
16participation in a Department impact incarceration program as
17provided in Section 5-8-1.1 or 5-8-1.3, and if not, provide an
18explanation as to why a sentence to impact incarceration is
19not an appropriate sentence. The court may in its sentencing
20order recommend a defendant for placement in a Department of
21Corrections substance abuse treatment program as provided in
22paragraph (a) of subsection (1) of Section 3-2-2 conditioned
23upon the defendant being accepted in a program by the
24Department of Corrections. At the hearing the court shall:
25 (1) consider the evidence, if any, received upon the
26 trial;

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1 (2) consider any presentence reports;
2 (3) consider the financial impact of incarceration
3 based on the financial impact statement filed with the
4 clerk of the court by the Department of Corrections;
5 (4) consider evidence and information offered by the
6 parties in aggravation and mitigation;
7 (4.5) consider substance abuse treatment, eligibility
8 screening, and an assessment, if any, of the defendant by
9 an agent designated by the State of Illinois to provide
10 assessment services for the Illinois courts;
11 (5) hear arguments as to sentencing alternatives;
12 (6) afford the defendant the opportunity to make a
13 statement in his own behalf;
14 (7) afford the victim of a violent crime or a
15 violation of Section 11-501 of the Illinois Vehicle Code,
16 or a similar provision of a local ordinance, the
17 opportunity to present an oral or written statement, as
18 guaranteed by Article I, Section 8.1 of the Illinois
19 Constitution and provided in Section 6 of the Rights of
20 Crime Victims and Witnesses Act. The court shall allow a
21 victim to make an oral statement if the victim is present
22 in the courtroom and requests to make an oral or written
23 statement. An oral or written statement includes the
24 victim or a representative of the victim reading the
25 written statement. The court may allow persons impacted by
26 the crime who are not victims under subsection (a) of

HB3762- 92 -LRB103 29450 RLC 55842 b
1 Section 3 of the Rights of Crime Victims and Witnesses Act
2 to present an oral or written statement. A victim and any
3 person making an oral statement shall not be put under
4 oath or subject to cross-examination. All statements
5 offered under this paragraph (7) shall become part of the
6 record of the court. In this paragraph (7), "victim of a
7 violent crime" means a person who is a victim of a violent
8 crime for which the defendant has been convicted after a
9 bench or jury trial or a person who is the victim of a
10 violent crime with which the defendant was charged and the
11 defendant has been convicted under a plea agreement of a
12 crime that is not a violent crime as defined in subsection
13 (c) of 3 of the Rights of Crime Victims and Witnesses Act;
14 (7.5) afford a qualified person affected by: (i) a
15 violation of Section 405, 405.1, 405.2, or 407 of the
16 Illinois Controlled Substances Act or a violation of
17 Section 55 or Section 65 of the Methamphetamine Control
18 and Community Protection Act; or (ii) a Class 4 felony
19 violation of Section 11-14, 11-14.3 except as described in
20 subdivisions (a)(2)(A) and (a)(2)(B), 11-15, 11-17, 11-18,
21 11-18.1, or 11-19 of the Criminal Code of 1961 or the
22 Criminal Code of 2012, committed by the defendant the
23 opportunity to make a statement concerning the impact on
24 the qualified person and to offer evidence in aggravation
25 or mitigation; provided that the statement and evidence
26 offered in aggravation or mitigation shall first be

HB3762- 93 -LRB103 29450 RLC 55842 b
1 prepared in writing in conjunction with the State's
2 Attorney before it may be presented orally at the hearing.
3 Sworn testimony offered by the qualified person is subject
4 to the defendant's right to cross-examine. All statements
5 and evidence offered under this paragraph (7.5) shall
6 become part of the record of the court. In this paragraph
7 (7.5), "qualified person" means any person who: (i) lived
8 or worked within the territorial jurisdiction where the
9 offense took place when the offense took place; or (ii) is
10 familiar with various public places within the territorial
11 jurisdiction where the offense took place when the offense
12 took place. "Qualified person" includes any peace officer
13 or any member of any duly organized State, county, or
14 municipal peace officer unit assigned to the territorial
15 jurisdiction where the offense took place when the offense
16 took place;
17 (8) in cases of reckless homicide afford the victim's
18 spouse, guardians, parents or other immediate family
19 members an opportunity to make oral statements;
20 (9) in cases involving a felony sex offense as defined
21 under the Sex Offender Management Board Act, consider the
22 results of the sex offender evaluation conducted pursuant
23 to Section 5-3-2 of this Act; and
24 (10) make a finding of whether a motor vehicle was
25 used in the commission of the offense for which the
26 defendant is being sentenced.

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1 (b) All sentences shall be imposed by the judge based upon
2his independent assessment of the elements specified above and
3any agreement as to sentence reached by the parties. The judge
4who presided at the trial or the judge who accepted the plea of
5guilty shall impose the sentence unless he is no longer
6sitting as a judge in that court. Where the judge does not
7impose sentence at the same time on all defendants who are
8convicted as a result of being involved in the same offense,
9the defendant or the State's Attorney may advise the
10sentencing court of the disposition of any other defendants
11who have been sentenced.
12 (b-1) In imposing a sentence of imprisonment or periodic
13imprisonment for a Class 3 or Class 4 felony for which a
14sentence of probation or conditional discharge is an available
15sentence, if the defendant has no prior sentence of probation
16or conditional discharge and no prior conviction for a violent
17crime, the defendant shall not be sentenced to imprisonment
18before review and consideration of a presentence report and
19determination and explanation of why the particular evidence,
20information, factor in aggravation, factual finding, or other
21reasons support a sentencing determination that one or more of
22the factors under subsection (a) of Section 5-6-1 of this Code
23apply and that probation or conditional discharge is not an
24appropriate sentence.
25 (c) In imposing a sentence for a violent crime or for an
26offense of operating or being in physical control of a vehicle

HB3762- 95 -LRB103 29450 RLC 55842 b
1while under the influence of alcohol, any other drug or any
2combination thereof, or a similar provision of a local
3ordinance, when such offense resulted in the personal injury
4to someone other than the defendant, the trial judge shall
5specify on the record the particular evidence, information,
6factors in mitigation and aggravation or other reasons that
7led to his sentencing determination. The full verbatim record
8of the sentencing hearing shall be filed with the clerk of the
9court and shall be a public record.
10 (c-1) In imposing a sentence for the offense of aggravated
11kidnapping for ransom, home invasion, armed robbery,
12aggravated vehicular hijacking, aggravated discharge of a
13firearm, or armed violence with a category I weapon or
14category II weapon, the trial judge shall make a finding as to
15whether the conduct leading to conviction for the offense
16resulted in great bodily harm to a victim, and shall enter that
17finding and the basis for that finding in the record.
18 (c-1.5) Notwithstanding any other provision of law to the
19contrary, in imposing a sentence for an offense that requires
20a mandatory minimum sentence of imprisonment, the court may
21instead sentence the offender to probation, conditional
22discharge, or a lesser term of imprisonment it deems
23appropriate if: (1) the offense involves the use or possession
24of drugs, retail theft, or driving on a revoked license due to
25unpaid financial obligations; (2) the court finds that the
26defendant does not pose a risk to public safety; and (3) the

HB3762- 96 -LRB103 29450 RLC 55842 b
1interest of justice requires imposing a term of probation,
2conditional discharge, or a lesser term of imprisonment. The
3court must state on the record its reasons for imposing
4probation, conditional discharge, or a lesser term of
5imprisonment.
6 (c-2) If the defendant is sentenced to prison, other than
7when a sentence of natural life imprisonment or a sentence of
8death is imposed, at the time the sentence is imposed the judge
9shall state on the record in open court the approximate period
10of time the defendant will serve in custody according to the
11then current statutory rules and regulations for sentence
12credit found in Section 3-6-3 and other related provisions of
13this Code. This statement is intended solely to inform the
14public, has no legal effect on the defendant's actual release,
15and may not be relied on by the defendant on appeal.
16 The judge's statement, to be given after pronouncing the
17sentence, other than when the sentence is imposed for one of
18the offenses enumerated in paragraph (a)(4) of Section 3-6-3,
19shall include the following:
20 "The purpose of this statement is to inform the public of
21the actual period of time this defendant is likely to spend in
22prison as a result of this sentence. The actual period of
23prison time served is determined by the statutes of Illinois
24as applied to this sentence by the Illinois Department of
25Corrections and the Illinois Prisoner Review Board. In this
26case, assuming the defendant receives all of his or her

HB3762- 97 -LRB103 29450 RLC 55842 b
1sentence credit, the period of estimated actual custody is ...
2years and ... months, less up to 180 days additional earned
3sentence credit. If the defendant, because of his or her own
4misconduct or failure to comply with the institutional
5regulations, does not receive those credits, the actual time
6served in prison will be longer. The defendant may also
7receive an additional one-half day sentence credit for each
8day of participation in vocational, industry, substance abuse,
9and educational programs as provided for by Illinois statute."
10 When the sentence is imposed for one of the offenses
11enumerated in paragraph (a)(2) of Section 3-6-3, other than
12first degree murder, and the offense was committed on or after
13June 19, 1998, and when the sentence is imposed for reckless
14homicide as defined in subsection (e) of Section 9-3 of the
15Criminal Code of 1961 or the Criminal Code of 2012 if the
16offense was committed on or after January 1, 1999, and when the
17sentence is imposed for aggravated driving under the influence
18of alcohol, other drug or drugs, or intoxicating compound or
19compounds, or any combination thereof as defined in
20subparagraph (F) of paragraph (1) of subsection (d) of Section
2111-501 of the Illinois Vehicle Code, and when the sentence is
22imposed for aggravated arson if the offense was committed on
23or after July 27, 2001 (the effective date of Public Act
2492-176), and when the sentence is imposed for aggravated
25driving under the influence of alcohol, other drug or drugs,
26or intoxicating compound or compounds, or any combination

HB3762- 98 -LRB103 29450 RLC 55842 b
1thereof as defined in subparagraph (C) of paragraph (1) of
2subsection (d) of Section 11-501 of the Illinois Vehicle Code
3committed on or after January 1, 2011 (the effective date of
4Public Act 96-1230), the judge's statement, to be given after
5pronouncing the sentence, shall include the following:
6 "The purpose of this statement is to inform the public of
7the actual period of time this defendant is likely to spend in
8prison as a result of this sentence. The actual period of
9prison time served is determined by the statutes of Illinois
10as applied to this sentence by the Illinois Department of
11Corrections and the Illinois Prisoner Review Board. In this
12case, the defendant is entitled to no more than 4 1/2 days of
13sentence credit for each month of his or her sentence of
14imprisonment. Therefore, this defendant will serve at least
1585% of his or her sentence. Assuming the defendant receives 4
161/2 days credit for each month of his or her sentence, the
17period of estimated actual custody is ... years and ...
18months. If the defendant, because of his or her own misconduct
19or failure to comply with the institutional regulations
20receives lesser credit, the actual time served in prison will
21be longer."
22 When a sentence of imprisonment is imposed for first
23degree murder and the offense was committed on or after June
2419, 1998, the judge's statement, to be given after pronouncing
25the sentence, shall include the following:
26 "The purpose of this statement is to inform the public of

HB3762- 99 -LRB103 29450 RLC 55842 b
1the actual period of time this defendant is likely to spend in
2prison as a result of this sentence. The actual period of
3prison time served is determined by the statutes of Illinois
4as applied to this sentence by the Illinois Department of
5Corrections and the Illinois Prisoner Review Board. In this
6case, the defendant is not entitled to sentence credit.
7Therefore, this defendant will serve 100% of his or her
8sentence."
9 When the sentencing order recommends placement in a
10substance abuse program for any offense that results in
11incarceration in a Department of Corrections facility and the
12crime was committed on or after September 1, 2003 (the
13effective date of Public Act 93-354), the judge's statement,
14in addition to any other judge's statement required under this
15Section, to be given after pronouncing the sentence, shall
16include the following:
17 "The purpose of this statement is to inform the public of
18the actual period of time this defendant is likely to spend in
19prison as a result of this sentence. The actual period of
20prison time served is determined by the statutes of Illinois
21as applied to this sentence by the Illinois Department of
22Corrections and the Illinois Prisoner Review Board. In this
23case, the defendant shall receive no earned sentence credit
24under clause (3) of subsection (a) of Section 3-6-3 until he or
25she participates in and completes a substance abuse treatment
26program or receives a waiver from the Director of Corrections

HB3762- 100 -LRB103 29450 RLC 55842 b
1pursuant to clause (4.5) of subsection (a) of Section 3-6-3."
2 (c-4) Before the sentencing hearing and as part of the
3presentence investigation under Section 5-3-1, the court shall
4inquire of the defendant whether the defendant is currently
5serving in or is a veteran of the Armed Forces of the United
6States. If the defendant is currently serving in the Armed
7Forces of the United States or is a veteran of the Armed Forces
8of the United States and has been diagnosed as having a mental
9illness by a qualified psychiatrist or clinical psychologist
10or physician, the court may:
11 (1) order that the officer preparing the presentence
12 report consult with the United States Department of
13 Veterans Affairs, Illinois Department of Veterans'
14 Affairs, or another agency or person with suitable
15 knowledge or experience for the purpose of providing the
16 court with information regarding treatment options
17 available to the defendant, including federal, State, and
18 local programming; and
19 (2) consider the treatment recommendations of any
20 diagnosing or treating mental health professionals
21 together with the treatment options available to the
22 defendant in imposing sentence.
23 For the purposes of this subsection (c-4), "qualified
24psychiatrist" means a reputable physician licensed in Illinois
25to practice medicine in all its branches, who has specialized
26in the diagnosis and treatment of mental and nervous disorders

HB3762- 101 -LRB103 29450 RLC 55842 b
1for a period of not less than 5 years.
2 (c-6) In imposing a sentence, the trial judge shall
3specify, on the record, the particular evidence and other
4reasons which led to his or her determination that a motor
5vehicle was used in the commission of the offense.
6 (c-7) In imposing a sentence for a Class 3 or 4 felony,
7other than a violent crime as defined in Section 3 of the
8Rights of Crime Victims and Witnesses Act, the court shall
9determine and indicate in the sentencing order whether the
10defendant has 4 or more or fewer than 4 months remaining on his
11or her sentence accounting for time served.
12 (d) When the defendant is committed to the Department of
13Corrections, the State's Attorney shall and counsel for the
14defendant may file a statement with the clerk of the court to
15be transmitted to the department, agency or institution to
16which the defendant is committed to furnish such department,
17agency or institution with the facts and circumstances of the
18offense for which the person was committed together with all
19other factual information accessible to them in regard to the
20person prior to his commitment relative to his habits,
21associates, disposition and reputation and any other facts and
22circumstances which may aid such department, agency or
23institution during its custody of such person. The clerk shall
24within 10 days after receiving any such statements transmit a
25copy to such department, agency or institution and a copy to
26the other party, provided, however, that this shall not be

HB3762- 102 -LRB103 29450 RLC 55842 b
1cause for delay in conveying the person to the department,
2agency or institution to which he has been committed.
3 (e) The clerk of the court shall transmit to the
4department, agency or institution, if any, to which the
5defendant is committed, the following:
6 (1) the sentence imposed;
7 (2) any statement by the court of the basis for
8 imposing the sentence;
9 (3) any presentence reports;
10 (3.5) any sex offender evaluations;
11 (3.6) any substance abuse treatment eligibility
12 screening and assessment of the defendant by an agent
13 designated by the State of Illinois to provide assessment
14 services for the Illinois courts;
15 (4) the number of days, if any, which the defendant
16 has been in custody and for which he is entitled to credit
17 against the sentence, which information shall be provided
18 to the clerk by the sheriff;
19 (4.1) any finding of great bodily harm made by the
20 court with respect to an offense enumerated in subsection
21 (c-1);
22 (5) all statements filed under subsection (d) of this
23 Section;
24 (6) any medical or mental health records or summaries
25 of the defendant;
26 (7) the municipality where the arrest of the offender

HB3762- 103 -LRB103 29450 RLC 55842 b
1 or the commission of the offense has occurred, where such
2 municipality has a population of more than 25,000 persons;
3 (8) all statements made and evidence offered under
4 paragraph (7) of subsection (a) of this Section; and
5 (9) all additional matters which the court directs the
6 clerk to transmit.
7 (f) In cases in which the court finds that a motor vehicle
8was used in the commission of the offense for which the
9defendant is being sentenced, the clerk of the court shall,
10within 5 days thereafter, forward a report of such conviction
11to the Secretary of State.
12(Source: P.A. 101-81, eff. 7-12-19; 101-105, eff. 1-1-20;
13101-652, Article 10, Section 10-281, eff. 7-1-21; 101-652,
14Article 20, Section 20-5, eff. 7-1-21; 102-813, eff. 5-13-22.)
15 (730 ILCS 5/5-4-3) (from Ch. 38, par. 1005-4-3)
16 Sec. 5-4-3. Specimens; genetic marker groups.
17 (a) Any person convicted of, found guilty under the
18Juvenile Court Act of 1987 for, or who received a disposition
19of court supervision for, a qualifying offense or attempt of a
20qualifying offense, convicted or found guilty of any offense
21classified as a felony under Illinois law, convicted or found
22guilty of any offense requiring registration under the Sex
23Offender Registration Act, found guilty or given supervision
24for any offense classified as a felony under the Juvenile
25Court Act of 1987, convicted or found guilty of, under the

HB3762- 104 -LRB103 29450 RLC 55842 b
1Juvenile Court Act of 1987, any offense requiring registration
2under the Sex Offender Registration Act, or institutionalized
3as a sexually dangerous person under the Sexually Dangerous
4Persons Act, or committed as a sexually violent person under
5the Sexually Violent Persons Commitment Act shall, regardless
6of the sentence or disposition imposed, be required to submit
7specimens of blood, saliva, or tissue to the Illinois State
8Police in accordance with the provisions of this Section,
9provided such person is:
10 (1) convicted of a qualifying offense or attempt of a
11 qualifying offense on or after July 1, 1990 and sentenced
12 to a term of imprisonment, periodic imprisonment, fine,
13 probation, conditional discharge or any other form of
14 sentence, or given a disposition of court supervision for
15 the offense;
16 (1.5) found guilty or given supervision under the
17 Juvenile Court Act of 1987 for a qualifying offense or
18 attempt of a qualifying offense on or after January 1,
19 1997;
20 (2) ordered institutionalized as a sexually dangerous
21 person on or after July 1, 1990;
22 (3) convicted of a qualifying offense or attempt of a
23 qualifying offense before July 1, 1990 and is presently
24 confined as a result of such conviction in any State
25 correctional facility or county jail or is presently
26 serving a sentence of probation, conditional discharge or

HB3762- 105 -LRB103 29450 RLC 55842 b
1 periodic imprisonment as a result of such conviction;
2 (3.5) convicted or found guilty of any offense
3 classified as a felony under Illinois law or found guilty
4 or given supervision for such an offense under the
5 Juvenile Court Act of 1987 on or after August 22, 2002;
6 (4) presently institutionalized as a sexually
7 dangerous person or presently institutionalized as a
8 person found guilty but mentally ill of a sexual offense
9 or attempt to commit a sexual offense; or
10 (4.5) ordered committed as a sexually violent person
11 on or after the effective date of the Sexually Violent
12 Persons Commitment Act.
13 (a-1) Any person incarcerated in a facility of the
14Illinois Department of Corrections or the Illinois Department
15of Juvenile Justice on or after August 22, 2002, whether for a
16term of years or , natural life, or a sentence of death, who
17has not yet submitted a specimen of blood, saliva, or tissue
18shall be required to submit a specimen of blood, saliva, or
19tissue prior to his or her final discharge, or release on
20parole, aftercare release, or mandatory supervised release, as
21a condition of his or her parole, aftercare release, or
22mandatory supervised release, or within 6 months from August
2313, 2009 (the effective date of Public Act 96-426), whichever
24is sooner. A person incarcerated on or after August 13, 2009
25(the effective date of Public Act 96-426) shall be required to
26submit a specimen within 45 days of incarceration, or prior to

HB3762- 106 -LRB103 29450 RLC 55842 b
1his or her final discharge, or release on parole, aftercare
2release, or mandatory supervised release, as a condition of
3his or her parole, aftercare release, or mandatory supervised
4release, whichever is sooner. These specimens shall be placed
5into the State or national DNA database, to be used in
6accordance with other provisions of this Section, by the
7Illinois State Police.
8 (a-2) Any person sentenced to life imprisonment in a
9facility of the Illinois Department of Corrections after the
10effective date of this amendatory Act of the 94th General
11Assembly or sentenced to death after the effective date of
12this amendatory Act of the 94th General Assembly shall be
13required to provide a specimen of blood, saliva, or tissue
14within 45 days after sentencing or disposition at a collection
15site designated by the Illinois State Police. Any person
16serving a sentence of life imprisonment in a facility of the
17Illinois Department of Corrections on the effective date of
18this amendatory Act of the 94th General Assembly or any person
19who is under a sentence of death on the effective date of this
20amendatory Act of the 94th General Assembly shall be required
21to provide a specimen of blood, saliva, or tissue upon request
22at a collection site designated by the Illinois State Police.
23 (a-3) Any person seeking transfer to or residency in
24Illinois under Sections 3-3-11.05 through 3-3-11.5 of this
25Code, the Interstate Compact for Adult Offender Supervision,
26or the Interstate Agreements on Sexually Dangerous Persons Act

HB3762- 107 -LRB103 29450 RLC 55842 b
1shall be required to provide a specimen of blood, saliva, or
2tissue within 45 days after transfer to or residency in
3Illinois at a collection site designated by the Illinois State
4Police.
5 (a-3.1) Any person required by an order of the court to
6submit a DNA specimen shall be required to provide a specimen
7of blood, saliva, or tissue within 45 days after the court
8order at a collection site designated by the Illinois State
9Police.
10 (a-3.2) On or after January 1, 2012 (the effective date of
11Public Act 97-383), any person arrested for any of the
12following offenses, after an indictment has been returned by a
13grand jury, or following a hearing pursuant to Section 109-3
14of the Code of Criminal Procedure of 1963 and a judge finds
15there is probable cause to believe the arrestee has committed
16one of the designated offenses, or an arrestee has waived a
17preliminary hearing shall be required to provide a specimen of
18blood, saliva, or tissue within 14 days after such indictment
19or hearing at a collection site designated by the Illinois
20State Police:
21 (A) first degree murder;
22 (B) home invasion;
23 (C) predatory criminal sexual assault of a child;
24 (D) aggravated criminal sexual assault; or
25 (E) criminal sexual assault.
26 (a-3.3) Any person required to register as a sex offender

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1under the Sex Offender Registration Act, regardless of the
2date of conviction as set forth in subsection (c-5.2) shall be
3required to provide a specimen of blood, saliva, or tissue
4within the time period prescribed in subsection (c-5.2) at a
5collection site designated by the Illinois State Police.
6 (a-5) Any person who was otherwise convicted of or
7received a disposition of court supervision for any other
8offense under the Criminal Code of 1961 or the Criminal Code of
92012 or who was found guilty or given supervision for such a
10violation under the Juvenile Court Act of 1987, may,
11regardless of the sentence imposed, be required by an order of
12the court to submit specimens of blood, saliva, or tissue to
13the Illinois State Police in accordance with the provisions of
14this Section.
15 (b) Any person required by paragraphs (a)(1), (a)(1.5),
16(a)(2), (a)(3.5), and (a-5) to provide specimens of blood,
17saliva, or tissue shall provide specimens of blood, saliva, or
18tissue within 45 days after sentencing or disposition at a
19collection site designated by the Illinois State Police.
20 (c) Any person required by paragraphs (a)(3), (a)(4), and
21(a)(4.5) to provide specimens of blood, saliva, or tissue
22shall be required to provide such specimens prior to final
23discharge or within 6 months from August 13, 2009 (the
24effective date of Public Act 96-426), whichever is sooner.
25These specimens shall be placed into the State or national DNA
26database, to be used in accordance with other provisions of

HB3762- 109 -LRB103 29450 RLC 55842 b
1this Act, by the Illinois State Police.
2 (c-5) Any person required by paragraph (a-3) to provide
3specimens of blood, saliva, or tissue shall, where feasible,
4be required to provide the specimens before being accepted for
5conditioned residency in Illinois under the interstate compact
6or agreement, but no later than 45 days after arrival in this
7State.
8 (c-5.2) Unless it is determined that a registered sex
9offender has previously submitted a specimen of blood, saliva,
10or tissue that has been placed into the State DNA database, a
11person registering as a sex offender shall be required to
12submit a specimen at the time of his or her initial
13registration pursuant to the Sex Offender Registration Act or,
14for a person registered as a sex offender on or prior to
15January 1, 2012 (the effective date of Public Act 97-383),
16within one year of January 1, 2012 (the effective date of
17Public Act 97-383) or at the time of his or her next required
18registration.
19 (c-6) The Illinois State Police may determine which type
20of specimen or specimens, blood, saliva, or tissue, is
21acceptable for submission to the Division of Forensic Services
22for analysis. The Illinois State Police may require the
23submission of fingerprints from anyone required to give a
24specimen under this Act.
25 (d) The Illinois State Police shall provide all equipment
26and instructions necessary for the collection of blood

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1specimens. The collection of specimens shall be performed in a
2medically approved manner. Only a physician authorized to
3practice medicine, a registered nurse or other qualified
4person trained in venipuncture may withdraw blood for the
5purposes of this Act. The specimens shall thereafter be
6forwarded to the Illinois State Police, Division of Forensic
7Services, for analysis and categorizing into genetic marker
8groupings.
9 (d-1) The Illinois State Police shall provide all
10equipment and instructions necessary for the collection of
11saliva specimens. The collection of saliva specimens shall be
12performed in a medically approved manner. Only a person
13trained in the instructions promulgated by the Illinois State
14Police on collecting saliva may collect saliva for the
15purposes of this Section. The specimens shall thereafter be
16forwarded to the Illinois State Police, Division of Forensic
17Services, for analysis and categorizing into genetic marker
18groupings.
19 (d-2) The Illinois State Police shall provide all
20equipment and instructions necessary for the collection of
21tissue specimens. The collection of tissue specimens shall be
22performed in a medically approved manner. Only a person
23trained in the instructions promulgated by the Illinois State
24Police on collecting tissue may collect tissue for the
25purposes of this Section. The specimens shall thereafter be
26forwarded to the Illinois State Police, Division of Forensic

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1Services, for analysis and categorizing into genetic marker
2groupings.
3 (d-5) To the extent that funds are available, the Illinois
4State Police shall contract with qualified personnel and
5certified laboratories for the collection, analysis, and
6categorization of known specimens, except as provided in
7subsection (n) of this Section.
8 (d-6) Agencies designated by the Illinois State Police and
9the Illinois State Police may contract with third parties to
10provide for the collection or analysis of DNA, or both, of an
11offender's blood, saliva, and tissue specimens, except as
12provided in subsection (n) of this Section.
13 (e) The genetic marker groupings shall be maintained by
14the Illinois State Police, Division of Forensic Services.
15 (f) The genetic marker grouping analysis information
16obtained pursuant to this Act shall be confidential and shall
17be released only to peace officers of the United States, of
18other states or territories, of the insular possessions of the
19United States, of foreign countries duly authorized to receive
20the same, to all peace officers of the State of Illinois and to
21all prosecutorial agencies, and to defense counsel as provided
22by Section 116-5 of the Code of Criminal Procedure of 1963. The
23genetic marker grouping analysis information obtained pursuant
24to this Act shall be used only for (i) valid law enforcement
25identification purposes and as required by the Federal Bureau
26of Investigation for participation in the National DNA

HB3762- 112 -LRB103 29450 RLC 55842 b
1database, (ii) technology validation purposes, (iii) a
2population statistics database, (iv) quality assurance
3purposes if personally identifying information is removed, (v)
4assisting in the defense of the criminally accused pursuant to
5Section 116-5 of the Code of Criminal Procedure of 1963, or
6(vi) identifying and assisting in the prosecution of a person
7who is suspected of committing a sexual assault as defined in
8Section 1a of the Sexual Assault Survivors Emergency Treatment
9Act. Notwithstanding any other statutory provision to the
10contrary, all information obtained under this Section shall be
11maintained in a single State data base, which may be uploaded
12into a national database, and which information may be subject
13to expungement only as set forth in subsection (f-1).
14 (f-1) Upon receipt of notification of a reversal of a
15conviction based on actual innocence, or of the granting of a
16pardon pursuant to Section 12 of Article V of the Illinois
17Constitution, if that pardon document specifically states that
18the reason for the pardon is the actual innocence of an
19individual whose DNA record has been stored in the State or
20national DNA identification index in accordance with this
21Section by the Illinois State Police, the DNA record shall be
22expunged from the DNA identification index, and the Department
23shall by rule prescribe procedures to ensure that the record
24and any specimens, analyses, or other documents relating to
25such record, whether in the possession of the Department or
26any law enforcement or police agency, or any forensic DNA

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1laboratory, including any duplicates or copies thereof, are
2destroyed and a letter is sent to the court verifying the
3expungement is completed. For specimens required to be
4collected prior to conviction, unless the individual has other
5charges or convictions that require submission of a specimen,
6the DNA record for an individual shall be expunged from the DNA
7identification databases and the specimen destroyed upon
8receipt of a certified copy of a final court order for each
9charge against an individual in which the charge has been
10dismissed, resulted in acquittal, or that the charge was not
11filed within the applicable time period. The Department shall
12by rule prescribe procedures to ensure that the record and any
13specimens in the possession or control of the Department are
14destroyed and a letter is sent to the court verifying the
15expungement is completed.
16 (f-5) Any person who intentionally uses genetic marker
17grouping analysis information, or any other information
18derived from a DNA specimen, beyond the authorized uses as
19provided under this Section, or any other Illinois law, is
20guilty of a Class 4 felony, and shall be subject to a fine of
21not less than $5,000.
22 (f-6) The Illinois State Police may contract with third
23parties for the purposes of implementing this amendatory Act
24of the 93rd General Assembly, except as provided in subsection
25(n) of this Section. Any other party contracting to carry out
26the functions of this Section shall be subject to the same

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1restrictions and requirements of this Section insofar as
2applicable, as the Illinois State Police, and to any
3additional restrictions imposed by the Illinois State Police.
4 (g) For the purposes of this Section, "qualifying offense"
5means any of the following:
6 (1) any violation or inchoate violation of Section
7 11-1.50, 11-1.60, 11-6, 11-9.1, 11-11, 11-18.1, 12-15, or
8 12-16 of the Criminal Code of 1961 or the Criminal Code of
9 2012;
10 (1.1) any violation or inchoate violation of Section
11 9-1, 9-2, 10-1, 10-2, 12-11, 12-11.1, 18-1, 18-2, 18-3,
12 18-4, 18-6, 19-1, 19-2, or 19-6 of the Criminal Code of
13 1961 or the Criminal Code of 2012 for which persons are
14 convicted on or after July 1, 2001;
15 (2) any former statute of this State which defined a
16 felony sexual offense;
17 (3) (blank);
18 (4) any inchoate violation of Section 9-3.1, 9-3.4,
19 11-9.3, 12-7.3, or 12-7.4 of the Criminal Code of 1961 or
20 the Criminal Code of 2012; or
21 (5) any violation or inchoate violation of Article 29D
22 of the Criminal Code of 1961 or the Criminal Code of 2012.
23 (g-5) (Blank).
24 (h) The Illinois State Police shall be the State central
25repository for all genetic marker grouping analysis
26information obtained pursuant to this Act. The Illinois State

HB3762- 115 -LRB103 29450 RLC 55842 b
1Police may promulgate rules for the form and manner of the
2collection of blood, saliva, or tissue specimens and other
3procedures for the operation of this Act. The provisions of
4the Administrative Review Law shall apply to all actions taken
5under the rules so promulgated.
6 (i)(1) A person required to provide a blood, saliva, or
7tissue specimen shall cooperate with the collection of the
8specimen and any deliberate act by that person intended to
9impede, delay or stop the collection of the blood, saliva, or
10tissue specimen is a Class 4 felony.
11 (2) In the event that a person's DNA specimen is not
12adequate for any reason, the person shall provide another DNA
13specimen for analysis. Duly authorized law enforcement and
14corrections personnel may employ reasonable force in cases in
15which an individual refuses to provide a DNA specimen required
16under this Act.
17 (j) (Blank).
18 (k) All analysis and categorization assessments provided
19under the Criminal and Traffic Assessments Act to the State
20Crime Laboratory Fund shall be regulated as follows:
21 (1) (Blank).
22 (2) (Blank).
23 (3) Moneys deposited into the State Crime Laboratory
24 Fund shall be used by Illinois State Police crime
25 laboratories as designated by the Director of the Illinois
26 State Police. These funds shall be in addition to any

HB3762- 116 -LRB103 29450 RLC 55842 b
1 allocations made pursuant to existing laws and shall be
2 designated for the exclusive use of State crime
3 laboratories. These uses may include, but are not limited
4 to, the following:
5 (A) Costs incurred in providing analysis and
6 genetic marker categorization as required by
7 subsection (d).
8 (B) Costs incurred in maintaining genetic marker
9 groupings as required by subsection (e).
10 (C) Costs incurred in the purchase and maintenance
11 of equipment for use in performing analyses.
12 (D) Costs incurred in continuing research and
13 development of new techniques for analysis and genetic
14 marker categorization.
15 (E) Costs incurred in continuing education,
16 training, and professional development of forensic
17 scientists regularly employed by these laboratories.
18 (l) The failure of a person to provide a specimen, or of
19any person or agency to collect a specimen, shall in no way
20alter the obligation of the person to submit such specimen, or
21the authority of the Illinois State Police or persons
22designated by the Illinois State Police to collect the
23specimen, or the authority of the Illinois State Police to
24accept, analyze and maintain the specimen or to maintain or
25upload results of genetic marker grouping analysis information
26into a State or national database.

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1 (m) If any provision of this amendatory Act of the 93rd
2General Assembly is held unconstitutional or otherwise
3invalid, the remainder of this amendatory Act of the 93rd
4General Assembly is not affected.
5 (n) Neither the Illinois State Police, the Division of
6Forensic Services, nor any laboratory of the Division of
7Forensic Services may contract out forensic testing for the
8purpose of an active investigation or a matter pending before
9a court of competent jurisdiction without the written consent
10of the prosecuting agency. For the purposes of this subsection
11(n), "forensic testing" includes the analysis of physical
12evidence in an investigation or other proceeding for the
13prosecution of a violation of the Criminal Code of 1961 or the
14Criminal Code of 2012 or for matters adjudicated under the
15Juvenile Court Act of 1987, and includes the use of forensic
16databases and databanks, including DNA, firearm, and
17fingerprint databases, and expert testimony.
18 (o) Mistake does not invalidate a database match. The
19detention, arrest, or conviction of a person based upon a
20database match or database information is not invalidated if
21it is determined that the specimen was obtained or placed in
22the database by mistake.
23 (p) This Section may be referred to as the Illinois DNA
24Database Law of 2011.
25(Source: P.A. 102-505, eff. 8-20-21; 102-538, eff. 8-20-21.)

HB3762- 118 -LRB103 29450 RLC 55842 b
1 (730 ILCS 5/5-4.5-20)
2 Sec. 5-4.5-20. FIRST DEGREE MURDER; SENTENCE. For first
3degree murder:
4 (a) TERM. The defendant shall be sentenced to imprisonment
5or, if appropriate, death under Section 9-1 of the Criminal
6Code of 1961 or the Criminal Code of 2012 (720 ILCS 5/9-1).
7Imprisonment shall be for a determinate term, subject to
8Section 5-4.5-115 of this Code, of (1) not less than 20 years
9and not more than 60 years; (2) not less than 60 years and not
10more than 100 years when an extended term is imposed under
11Section 5-8-2 (730 ILCS 5/5-8-2); or (3) natural life as
12provided in Section 5-8-1 (730 ILCS 5/5-8-1).
13 (b) PERIODIC IMPRISONMENT. A term of periodic imprisonment
14shall not be imposed.
15 (c) IMPACT INCARCERATION. The impact incarceration program
16or the county impact incarceration program is not an
17authorized disposition.
18 (d) PROBATION; CONDITIONAL DISCHARGE. A period of
19probation or conditional discharge shall not be imposed.
20 (e) FINE. Fines may be imposed as provided in Section
215-4.5-50(b) (730 ILCS 5/5-4.5-50(b)).
22 (f) RESTITUTION. See Section 5-5-6 (730 ILCS 5/5-5-6)
23concerning restitution.
24 (g) CONCURRENT OR CONSECUTIVE SENTENCE. The sentence shall
25be concurrent or consecutive as provided in Section 5-8-4 (730
26ILCS 5/5-8-4) and Section 5-4.5-50 (730 ILCS 5/5-4.5-50).

HB3762- 119 -LRB103 29450 RLC 55842 b
1 (h) DRUG COURT. Drug court is not an authorized
2disposition.
3 (i) CREDIT FOR HOME DETENTION. See Section 5-4.5-100 (730
4ILCS 5/5-4.5-100) concerning no credit for time spent in home
5detention prior to judgment.
6 (j) SENTENCE CREDIT. See Section 3-6-3 (730 ILCS 5/3-6-3)
7for rules and regulations for sentence credit.
8 (k) ELECTRONIC MONITORING AND HOME DETENTION. Electronic
9monitoring and home detention are not authorized dispositions,
10except in limited circumstances as provided in Section 5-8A-3
11(730 ILCS 5/5-8A-3).
12 (l) PAROLE; MANDATORY SUPERVISED RELEASE. Except as
13provided in Section 3-3-8 (730 ILCS 5/3-3-8), the parole or
14mandatory supervised release term shall be 3 years upon
15release from imprisonment.
16(Source: P.A. 100-431, eff. 8-25-17; 100-1182, eff. 6-1-19;
17101-288, eff. 1-1-20.)
18 (730 ILCS 5/5-5-3)
19 Sec. 5-5-3. Disposition.
20 (a) (Blank).
21 (b) (Blank).
22 (c) (1) (Blank).
23 (2) A period of probation, a term of periodic imprisonment
24or conditional discharge shall not be imposed for the
25following offenses. The court shall sentence the offender to

HB3762- 120 -LRB103 29450 RLC 55842 b
1not less than the minimum term of imprisonment set forth in
2this Code for the following offenses, and may order a fine or
3restitution or both in conjunction with such term of
4imprisonment:
5 (A) First degree murder where the death penalty is not
6 imposed.
7 (B) Attempted first degree murder.
8 (C) A Class X felony.
9 (D) A violation of Section 401.1 or 407 of the
10 Illinois Controlled Substances Act, or a violation of
11 subdivision (c)(1.5) of Section 401 of that Act which
12 relates to more than 5 grams of a substance containing
13 fentanyl or an analog thereof.
14 (D-5) A violation of subdivision (c)(1) of Section 401
15 of the Illinois Controlled Substances Act which relates to
16 3 or more grams of a substance containing heroin or an
17 analog thereof.
18 (E) (Blank).
19 (F) A Class 1 or greater felony if the offender had
20 been convicted of a Class 1 or greater felony, including
21 any state or federal conviction for an offense that
22 contained, at the time it was committed, the same elements
23 as an offense now (the date of the offense committed after
24 the prior Class 1 or greater felony) classified as a Class
25 1 or greater felony, within 10 years of the date on which
26 the offender committed the offense for which he or she is

HB3762- 121 -LRB103 29450 RLC 55842 b
1 being sentenced, except as otherwise provided in Section
2 40-10 of the Substance Use Disorder Act.
3 (F-3) A Class 2 or greater felony sex offense or
4 felony firearm offense if the offender had been convicted
5 of a Class 2 or greater felony, including any state or
6 federal conviction for an offense that contained, at the
7 time it was committed, the same elements as an offense now
8 (the date of the offense committed after the prior Class 2
9 or greater felony) classified as a Class 2 or greater
10 felony, within 10 years of the date on which the offender
11 committed the offense for which he or she is being
12 sentenced, except as otherwise provided in Section 40-10
13 of the Substance Use Disorder Act.
14 (F-5) A violation of Section 24-1, 24-1.1, or 24-1.6
15 of the Criminal Code of 1961 or the Criminal Code of 2012
16 for which imprisonment is prescribed in those Sections.
17 (G) Residential burglary, except as otherwise provided
18 in Section 40-10 of the Substance Use Disorder Act.
19 (H) Criminal sexual assault.
20 (I) Aggravated battery of a senior citizen as
21 described in Section 12-4.6 or subdivision (a)(4) of
22 Section 12-3.05 of the Criminal Code of 1961 or the
23 Criminal Code of 2012.
24 (J) A forcible felony if the offense was related to
25 the activities of an organized gang.
26 Before July 1, 1994, for the purposes of this

HB3762- 122 -LRB103 29450 RLC 55842 b
1 paragraph, "organized gang" means an association of 5 or
2 more persons, with an established hierarchy, that
3 encourages members of the association to perpetrate crimes
4 or provides support to the members of the association who
5 do commit crimes.
6 Beginning July 1, 1994, for the purposes of this
7 paragraph, "organized gang" has the meaning ascribed to it
8 in Section 10 of the Illinois Streetgang Terrorism Omnibus
9 Prevention Act.
10 (K) Vehicular hijacking.
11 (L) A second or subsequent conviction for the offense
12 of hate crime when the underlying offense upon which the
13 hate crime is based is felony aggravated assault or felony
14 mob action.
15 (M) A second or subsequent conviction for the offense
16 of institutional vandalism if the damage to the property
17 exceeds $300.
18 (N) A Class 3 felony violation of paragraph (1) of
19 subsection (a) of Section 2 of the Firearm Owners
20 Identification Card Act.
21 (O) A violation of Section 12-6.1 or 12-6.5 of the
22 Criminal Code of 1961 or the Criminal Code of 2012.
23 (P) A violation of paragraph (1), (2), (3), (4), (5),
24 or (7) of subsection (a) of Section 11-20.1 of the
25 Criminal Code of 1961 or the Criminal Code of 2012.
26 (P-5) A violation of paragraph (6) of subsection (a)

HB3762- 123 -LRB103 29450 RLC 55842 b
1 of Section 11-20.1 of the Criminal Code of 1961 or the
2 Criminal Code of 2012 if the victim is a household or
3 family member of the defendant.
4 (Q) A violation of subsection (b) or (b-5) of Section
5 20-1, Section 20-1.2, or Section 20-1.3 of the Criminal
6 Code of 1961 or the Criminal Code of 2012.
7 (R) A violation of Section 24-3A of the Criminal Code
8 of 1961 or the Criminal Code of 2012.
9 (S) (Blank).
10 (T) (Blank).
11 (U) A second or subsequent violation of Section 6-303
12 of the Illinois Vehicle Code committed while his or her
13 driver's license, permit, or privilege was revoked because
14 of a violation of Section 9-3 of the Criminal Code of 1961
15 or the Criminal Code of 2012, relating to the offense of
16 reckless homicide, or a similar provision of a law of
17 another state.
18 (V) A violation of paragraph (4) of subsection (c) of
19 Section 11-20.1B or paragraph (4) of subsection (c) of
20 Section 11-20.3 of the Criminal Code of 1961, or paragraph
21 (6) of subsection (a) of Section 11-20.1 of the Criminal
22 Code of 2012 when the victim is under 13 years of age and
23 the defendant has previously been convicted under the laws
24 of this State or any other state of the offense of child
25 pornography, aggravated child pornography, aggravated
26 criminal sexual abuse, aggravated criminal sexual assault,

HB3762- 124 -LRB103 29450 RLC 55842 b
1 predatory criminal sexual assault of a child, or any of
2 the offenses formerly known as rape, deviate sexual
3 assault, indecent liberties with a child, or aggravated
4 indecent liberties with a child where the victim was under
5 the age of 18 years or an offense that is substantially
6 equivalent to those offenses.
7 (W) A violation of Section 24-3.5 of the Criminal Code
8 of 1961 or the Criminal Code of 2012.
9 (X) A violation of subsection (a) of Section 31-1a of
10 the Criminal Code of 1961 or the Criminal Code of 2012.
11 (Y) A conviction for unlawful possession of a firearm
12 by a street gang member when the firearm was loaded or
13 contained firearm ammunition.
14 (Z) A Class 1 felony committed while he or she was
15 serving a term of probation or conditional discharge for a
16 felony.
17 (AA) Theft of property exceeding $500,000 and not
18 exceeding $1,000,000 in value.
19 (BB) Laundering of criminally derived property of a
20 value exceeding $500,000.
21 (CC) Knowingly selling, offering for sale, holding for
22 sale, or using 2,000 or more counterfeit items or
23 counterfeit items having a retail value in the aggregate
24 of $500,000 or more.
25 (DD) A conviction for aggravated assault under
26 paragraph (6) of subsection (c) of Section 12-2 of the

HB3762- 125 -LRB103 29450 RLC 55842 b
1 Criminal Code of 1961 or the Criminal Code of 2012 if the
2 firearm is aimed toward the person against whom the
3 firearm is being used.
4 (EE) A conviction for a violation of paragraph (2) of
5 subsection (a) of Section 24-3B of the Criminal Code of
6 2012.
7 (3) (Blank).
8 (4) A minimum term of imprisonment of not less than 10
9consecutive days or 30 days of community service shall be
10imposed for a violation of paragraph (c) of Section 6-303 of
11the Illinois Vehicle Code.
12 (4.1) (Blank).
13 (4.2) Except as provided in paragraphs (4.3) and (4.8) of
14this subsection (c), a minimum of 100 hours of community
15service shall be imposed for a second violation of Section
166-303 of the Illinois Vehicle Code.
17 (4.3) A minimum term of imprisonment of 30 days or 300
18hours of community service, as determined by the court, shall
19be imposed for a second violation of subsection (c) of Section
206-303 of the Illinois Vehicle Code.
21 (4.4) Except as provided in paragraphs (4.5), (4.6), and
22(4.9) of this subsection (c), a minimum term of imprisonment
23of 30 days or 300 hours of community service, as determined by
24the court, shall be imposed for a third or subsequent
25violation of Section 6-303 of the Illinois Vehicle Code. The
26court may give credit toward the fulfillment of community

HB3762- 126 -LRB103 29450 RLC 55842 b
1service hours for participation in activities and treatment as
2determined by court services.
3 (4.5) A minimum term of imprisonment of 30 days shall be
4imposed for a third violation of subsection (c) of Section
56-303 of the Illinois Vehicle Code.
6 (4.6) Except as provided in paragraph (4.10) of this
7subsection (c), a minimum term of imprisonment of 180 days
8shall be imposed for a fourth or subsequent violation of
9subsection (c) of Section 6-303 of the Illinois Vehicle Code.
10 (4.7) A minimum term of imprisonment of not less than 30
11consecutive days, or 300 hours of community service, shall be
12imposed for a violation of subsection (a-5) of Section 6-303
13of the Illinois Vehicle Code, as provided in subsection (b-5)
14of that Section.
15 (4.8) A mandatory prison sentence shall be imposed for a
16second violation of subsection (a-5) of Section 6-303 of the
17Illinois Vehicle Code, as provided in subsection (c-5) of that
18Section. The person's driving privileges shall be revoked for
19a period of not less than 5 years from the date of his or her
20release from prison.
21 (4.9) A mandatory prison sentence of not less than 4 and
22not more than 15 years shall be imposed for a third violation
23of subsection (a-5) of Section 6-303 of the Illinois Vehicle
24Code, as provided in subsection (d-2.5) of that Section. The
25person's driving privileges shall be revoked for the remainder
26of his or her life.

HB3762- 127 -LRB103 29450 RLC 55842 b
1 (4.10) A mandatory prison sentence for a Class 1 felony
2shall be imposed, and the person shall be eligible for an
3extended term sentence, for a fourth or subsequent violation
4of subsection (a-5) of Section 6-303 of the Illinois Vehicle
5Code, as provided in subsection (d-3.5) of that Section. The
6person's driving privileges shall be revoked for the remainder
7of his or her life.
8 (5) The court may sentence a corporation or unincorporated
9association convicted of any offense to:
10 (A) a period of conditional discharge;
11 (B) a fine;
12 (C) make restitution to the victim under Section 5-5-6
13 of this Code.
14 (5.1) In addition to any other penalties imposed, and
15except as provided in paragraph (5.2) or (5.3), a person
16convicted of violating subsection (c) of Section 11-907 of the
17Illinois Vehicle Code shall have his or her driver's license,
18permit, or privileges suspended for at least 90 days but not
19more than one year, if the violation resulted in damage to the
20property of another person.
21 (5.2) In addition to any other penalties imposed, and
22except as provided in paragraph (5.3), a person convicted of
23violating subsection (c) of Section 11-907 of the Illinois
24Vehicle Code shall have his or her driver's license, permit,
25or privileges suspended for at least 180 days but not more than
262 years, if the violation resulted in injury to another

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1person.
2 (5.3) In addition to any other penalties imposed, a person
3convicted of violating subsection (c) of Section 11-907 of the
4Illinois Vehicle Code shall have his or her driver's license,
5permit, or privileges suspended for 2 years, if the violation
6resulted in the death of another person.
7 (5.4) In addition to any other penalties imposed, a person
8convicted of violating Section 3-707 of the Illinois Vehicle
9Code shall have his or her driver's license, permit, or
10privileges suspended for 3 months and until he or she has paid
11a reinstatement fee of $100.
12 (5.5) In addition to any other penalties imposed, a person
13convicted of violating Section 3-707 of the Illinois Vehicle
14Code during a period in which his or her driver's license,
15permit, or privileges were suspended for a previous violation
16of that Section shall have his or her driver's license,
17permit, or privileges suspended for an additional 6 months
18after the expiration of the original 3-month suspension and
19until he or she has paid a reinstatement fee of $100.
20 (6) (Blank).
21 (7) (Blank).
22 (8) (Blank).
23 (9) A defendant convicted of a second or subsequent
24offense of ritualized abuse of a child may be sentenced to a
25term of natural life imprisonment.
26 (10) (Blank).

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1 (11) The court shall impose a minimum fine of $1,000 for a
2first offense and $2,000 for a second or subsequent offense
3upon a person convicted of or placed on supervision for
4battery when the individual harmed was a sports official or
5coach at any level of competition and the act causing harm to
6the sports official or coach occurred within an athletic
7facility or within the immediate vicinity of the athletic
8facility at which the sports official or coach was an active
9participant of the athletic contest held at the athletic
10facility. For the purposes of this paragraph (11), "sports
11official" means a person at an athletic contest who enforces
12the rules of the contest, such as an umpire or referee;
13"athletic facility" means an indoor or outdoor playing field
14or recreational area where sports activities are conducted;
15and "coach" means a person recognized as a coach by the
16sanctioning authority that conducted the sporting event.
17 (12) A person may not receive a disposition of court
18supervision for a violation of Section 5-16 of the Boat
19Registration and Safety Act if that person has previously
20received a disposition of court supervision for a violation of
21that Section.
22 (13) A person convicted of or placed on court supervision
23for an assault or aggravated assault when the victim and the
24offender are family or household members as defined in Section
25103 of the Illinois Domestic Violence Act of 1986 or convicted
26of domestic battery or aggravated domestic battery may be

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1required to attend a Partner Abuse Intervention Program under
2protocols set forth by the Illinois Department of Human
3Services under such terms and conditions imposed by the court.
4The costs of such classes shall be paid by the offender.
5 (d) In any case in which a sentence originally imposed is
6vacated, the case shall be remanded to the trial court. The
7trial court shall hold a hearing under Section 5-4-1 of this
8Code which may include evidence of the defendant's life, moral
9character and occupation during the time since the original
10sentence was passed. The trial court shall then impose
11sentence upon the defendant. The trial court may impose any
12sentence which could have been imposed at the original trial
13subject to Section 5-5-4 of this Code. If a sentence is vacated
14on appeal or on collateral attack due to the failure of the
15trier of fact at trial to determine beyond a reasonable doubt
16the existence of a fact (other than a prior conviction)
17necessary to increase the punishment for the offense beyond
18the statutory maximum otherwise applicable, either the
19defendant may be re-sentenced to a term within the range
20otherwise provided or, if the State files notice of its
21intention to again seek the extended sentence, the defendant
22shall be afforded a new trial.
23 (e) In cases where prosecution for aggravated criminal
24sexual abuse under Section 11-1.60 or 12-16 of the Criminal
25Code of 1961 or the Criminal Code of 2012 results in conviction
26of a defendant who was a family member of the victim at the

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1time of the commission of the offense, the court shall
2consider the safety and welfare of the victim and may impose a
3sentence of probation only where:
4 (1) the court finds (A) or (B) or both are
5 appropriate:
6 (A) the defendant is willing to undergo a court
7 approved counseling program for a minimum duration of
8 2 years; or
9 (B) the defendant is willing to participate in a
10 court approved plan, including, but not limited to,
11 the defendant's:
12 (i) removal from the household;
13 (ii) restricted contact with the victim;
14 (iii) continued financial support of the
15 family;
16 (iv) restitution for harm done to the victim;
17 and
18 (v) compliance with any other measures that
19 the court may deem appropriate; and
20 (2) the court orders the defendant to pay for the
21 victim's counseling services, to the extent that the court
22 finds, after considering the defendant's income and
23 assets, that the defendant is financially capable of
24 paying for such services, if the victim was under 18 years
25 of age at the time the offense was committed and requires
26 counseling as a result of the offense.

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1 Probation may be revoked or modified pursuant to Section
25-6-4; except where the court determines at the hearing that
3the defendant violated a condition of his or her probation
4restricting contact with the victim or other family members or
5commits another offense with the victim or other family
6members, the court shall revoke the defendant's probation and
7impose a term of imprisonment.
8 For the purposes of this Section, "family member" and
9"victim" shall have the meanings ascribed to them in Section
1011-0.1 of the Criminal Code of 2012.
11 (f) (Blank).
12 (g) Whenever a defendant is convicted of an offense under
13Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-14,
1411-14.3, 11-14.4 except for an offense that involves keeping a
15place of juvenile prostitution, 11-15, 11-15.1, 11-16, 11-17,
1611-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 12-13, 12-14,
1712-14.1, 12-15, or 12-16 of the Criminal Code of 1961 or the
18Criminal Code of 2012, the defendant shall undergo medical
19testing to determine whether the defendant has any sexually
20transmissible disease, including a test for infection with
21human immunodeficiency virus (HIV) or any other identified
22causative agent of acquired immunodeficiency syndrome (AIDS).
23Any such medical test shall be performed only by appropriately
24licensed medical practitioners and may include an analysis of
25any bodily fluids as well as an examination of the defendant's
26person. Except as otherwise provided by law, the results of

HB3762- 133 -LRB103 29450 RLC 55842 b
1such test shall be kept strictly confidential by all medical
2personnel involved in the testing and must be personally
3delivered in a sealed envelope to the judge of the court in
4which the conviction was entered for the judge's inspection in
5camera. Acting in accordance with the best interests of the
6victim and the public, the judge shall have the discretion to
7determine to whom, if anyone, the results of the testing may be
8revealed. The court shall notify the defendant of the test
9results. The court shall also notify the victim if requested
10by the victim, and if the victim is under the age of 15 and if
11requested by the victim's parents or legal guardian, the court
12shall notify the victim's parents or legal guardian of the
13test results. The court shall provide information on the
14availability of HIV testing and counseling at Department of
15Public Health facilities to all parties to whom the results of
16the testing are revealed and shall direct the State's Attorney
17to provide the information to the victim when possible. The
18court shall order that the cost of any such test shall be paid
19by the county and may be taxed as costs against the convicted
20defendant.
21 (g-5) When an inmate is tested for an airborne
22communicable disease, as determined by the Illinois Department
23of Public Health, including, but not limited to, tuberculosis,
24the results of the test shall be personally delivered by the
25warden or his or her designee in a sealed envelope to the judge
26of the court in which the inmate must appear for the judge's

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1inspection in camera if requested by the judge. Acting in
2accordance with the best interests of those in the courtroom,
3the judge shall have the discretion to determine what if any
4precautions need to be taken to prevent transmission of the
5disease in the courtroom.
6 (h) Whenever a defendant is convicted of an offense under
7Section 1 or 2 of the Hypodermic Syringes and Needles Act, the
8defendant shall undergo medical testing to determine whether
9the defendant has been exposed to human immunodeficiency virus
10(HIV) or any other identified causative agent of acquired
11immunodeficiency syndrome (AIDS). Except as otherwise provided
12by law, the results of such test shall be kept strictly
13confidential by all medical personnel involved in the testing
14and must be personally delivered in a sealed envelope to the
15judge of the court in which the conviction was entered for the
16judge's inspection in camera. Acting in accordance with the
17best interests of the public, the judge shall have the
18discretion to determine to whom, if anyone, the results of the
19testing may be revealed. The court shall notify the defendant
20of a positive test showing an infection with the human
21immunodeficiency virus (HIV). The court shall provide
22information on the availability of HIV testing and counseling
23at Department of Public Health facilities to all parties to
24whom the results of the testing are revealed and shall direct
25the State's Attorney to provide the information to the victim
26when possible. The court shall order that the cost of any such

HB3762- 135 -LRB103 29450 RLC 55842 b
1test shall be paid by the county and may be taxed as costs
2against the convicted defendant.
3 (i) All fines and penalties imposed under this Section for
4any violation of Chapters 3, 4, 6, and 11 of the Illinois
5Vehicle Code, or a similar provision of a local ordinance, and
6any violation of the Child Passenger Protection Act, or a
7similar provision of a local ordinance, shall be collected and
8disbursed by the circuit clerk as provided under the Criminal
9and Traffic Assessment Act.
10 (j) In cases when prosecution for any violation of Section
1111-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-8, 11-9,
1211-11, 11-14, 11-14.3, 11-14.4, 11-15, 11-15.1, 11-16, 11-17,
1311-17.1, 11-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 11-20.1,
1411-20.1B, 11-20.3, 11-21, 11-30, 11-40, 12-13, 12-14, 12-14.1,
1512-15, or 12-16 of the Criminal Code of 1961 or the Criminal
16Code of 2012, any violation of the Illinois Controlled
17Substances Act, any violation of the Cannabis Control Act, or
18any violation of the Methamphetamine Control and Community
19Protection Act results in conviction, a disposition of court
20supervision, or an order of probation granted under Section 10
21of the Cannabis Control Act, Section 410 of the Illinois
22Controlled Substances Act, or Section 70 of the
23Methamphetamine Control and Community Protection Act of a
24defendant, the court shall determine whether the defendant is
25employed by a facility or center as defined under the Child
26Care Act of 1969, a public or private elementary or secondary

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1school, or otherwise works with children under 18 years of age
2on a daily basis. When a defendant is so employed, the court
3shall order the Clerk of the Court to send a copy of the
4judgment of conviction or order of supervision or probation to
5the defendant's employer by certified mail. If the employer of
6the defendant is a school, the Clerk of the Court shall direct
7the mailing of a copy of the judgment of conviction or order of
8supervision or probation to the appropriate regional
9superintendent of schools. The regional superintendent of
10schools shall notify the State Board of Education of any
11notification under this subsection.
12 (j-5) A defendant at least 17 years of age who is convicted
13of a felony and who has not been previously convicted of a
14misdemeanor or felony and who is sentenced to a term of
15imprisonment in the Illinois Department of Corrections shall
16as a condition of his or her sentence be required by the court
17to attend educational courses designed to prepare the
18defendant for a high school diploma and to work toward a high
19school diploma or to work toward passing high school
20equivalency testing or to work toward completing a vocational
21training program offered by the Department of Corrections. If
22a defendant fails to complete the educational training
23required by his or her sentence during the term of
24incarceration, the Prisoner Review Board shall, as a condition
25of mandatory supervised release, require the defendant, at his
26or her own expense, to pursue a course of study toward a high

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1school diploma or passage of high school equivalency testing.
2The Prisoner Review Board shall revoke the mandatory
3supervised release of a defendant who wilfully fails to comply
4with this subsection (j-5) upon his or her release from
5confinement in a penal institution while serving a mandatory
6supervised release term; however, the inability of the
7defendant after making a good faith effort to obtain financial
8aid or pay for the educational training shall not be deemed a
9wilful failure to comply. The Prisoner Review Board shall
10recommit the defendant whose mandatory supervised release term
11has been revoked under this subsection (j-5) as provided in
12Section 3-3-9. This subsection (j-5) does not apply to a
13defendant who has a high school diploma or has successfully
14passed high school equivalency testing. This subsection (j-5)
15does not apply to a defendant who is determined by the court to
16be a person with a developmental disability or otherwise
17mentally incapable of completing the educational or vocational
18program.
19 (k) (Blank).
20 (l) (A) Except as provided in paragraph (C) of subsection
21(l), whenever a defendant, who is not a citizen or national of
22the United States, is convicted of any felony or misdemeanor
23offense, the court after sentencing the defendant may, upon
24motion of the State's Attorney, hold sentence in abeyance and
25remand the defendant to the custody of the Attorney General of
26the United States or his or her designated agent to be deported

HB3762- 138 -LRB103 29450 RLC 55842 b
1when:
2 (1) a final order of deportation has been issued
3 against the defendant pursuant to proceedings under the
4 Immigration and Nationality Act, and
5 (2) the deportation of the defendant would not
6 deprecate the seriousness of the defendant's conduct and
7 would not be inconsistent with the ends of justice.
8 Otherwise, the defendant shall be sentenced as provided in
9this Chapter V.
10 (B) If the defendant has already been sentenced for a
11felony or misdemeanor offense, or has been placed on probation
12under Section 10 of the Cannabis Control Act, Section 410 of
13the Illinois Controlled Substances Act, or Section 70 of the
14Methamphetamine Control and Community Protection Act, the
15court may, upon motion of the State's Attorney to suspend the
16sentence imposed, commit the defendant to the custody of the
17Attorney General of the United States or his or her designated
18agent when:
19 (1) a final order of deportation has been issued
20 against the defendant pursuant to proceedings under the
21 Immigration and Nationality Act, and
22 (2) the deportation of the defendant would not
23 deprecate the seriousness of the defendant's conduct and
24 would not be inconsistent with the ends of justice.
25 (C) This subsection (l) does not apply to offenders who
26are subject to the provisions of paragraph (2) of subsection

HB3762- 139 -LRB103 29450 RLC 55842 b
1(a) of Section 3-6-3.
2 (D) Upon motion of the State's Attorney, if a defendant
3sentenced under this Section returns to the jurisdiction of
4the United States, the defendant shall be recommitted to the
5custody of the county from which he or she was sentenced.
6Thereafter, the defendant shall be brought before the
7sentencing court, which may impose any sentence that was
8available under Section 5-5-3 at the time of initial
9sentencing. In addition, the defendant shall not be eligible
10for additional earned sentence credit as provided under
11Section 3-6-3.
12 (m) A person convicted of criminal defacement of property
13under Section 21-1.3 of the Criminal Code of 1961 or the
14Criminal Code of 2012, in which the property damage exceeds
15$300 and the property damaged is a school building, shall be
16ordered to perform community service that may include cleanup,
17removal, or painting over the defacement.
18 (n) The court may sentence a person convicted of a
19violation of Section 12-19, 12-21, 16-1.3, or 17-56, or
20subsection (a) or (b) of Section 12-4.4a, of the Criminal Code
21of 1961 or the Criminal Code of 2012 (i) to an impact
22incarceration program if the person is otherwise eligible for
23that program under Section 5-8-1.1, (ii) to community service,
24or (iii) if the person has a substance use disorder, as defined
25in the Substance Use Disorder Act, to a treatment program
26licensed under that Act.

HB3762- 140 -LRB103 29450 RLC 55842 b
1 (o) Whenever a person is convicted of a sex offense as
2defined in Section 2 of the Sex Offender Registration Act, the
3defendant's driver's license or permit shall be subject to
4renewal on an annual basis in accordance with the provisions
5of license renewal established by the Secretary of State.
6(Source: P.A. 101-81, eff. 7-12-19; 102-168, eff. 7-27-21;
7102-531, eff. 1-1-22; 102-813, eff. 5-13-22; 102-1030, eff.
85-27-22.)
9 (730 ILCS 5/5-8-1) (from Ch. 38, par. 1005-8-1)
10 Sec. 5-8-1. Natural life imprisonment; enhancements for
11use of a firearm; mandatory supervised release terms.
12 (a) Except as otherwise provided in the statute defining
13the offense or in Article 4.5 of Chapter V, a sentence of
14imprisonment for a felony shall be a determinate sentence set
15by the court under this Section, subject to Section 5-4.5-115
16of this Code, according to the following limitations:
17 (1) for first degree murder,
18 (a) (blank),
19 (b) if a trier of fact finds beyond a reasonable
20 doubt that the murder was accompanied by exceptionally
21 brutal or heinous behavior indicative of wanton
22 cruelty or, except as set forth in subsection
23 (a)(1)(c) of this Section, that any of the aggravating
24 factors listed in subparagraph (b-5) subsection (b) or
25 (b-5) of Section 9-1 of the Criminal Code of 1961 or

HB3762- 141 -LRB103 29450 RLC 55842 b
1 the Criminal Code of 2012 are present, the court may
2 sentence the defendant, subject to Section 5-4.5-105,
3 to a term of natural life imprisonment, or
4 (b-5) A defendant who at the time of the
5 commission of the offense has attained the age of 18 or
6 more and who has been found guilty of first degree
7 murder may be sentenced to a term of natural life
8 imprisonment if:
9 (1) the murdered individual was an inmate at
10 an institution or facility of the Department of
11 Corrections, or any similar local correctional
12 agency and was killed on the grounds thereof, or
13 the murdered individual was otherwise present in
14 such institution or facility with the knowledge
15 and approval of the chief administrative officer
16 thereof;
17 (2) the murdered individual was killed as a
18 result of the hijacking of an airplane, train,
19 ship, bus, or other public conveyance;
20 (3) the defendant committed the murder
21 pursuant to a contract, agreement, or
22 understanding by which he or she was to receive
23 money or anything of value in return for
24 committing the murder or procured another to
25 commit the murder for money or anything of value;
26 (4) the murdered individual was killed in the

HB3762- 142 -LRB103 29450 RLC 55842 b
1 course of another felony if:
2 (A) the murdered individual:
3 (i) was actually killed by the
4 defendant, or
5 (ii) received physical injuries
6 personally inflicted by the defendant
7 substantially contemporaneously with
8 physical injuries caused by one or more
9 persons for whose conduct the defendant is
10 legally accountable under Section 5-2 of
11 this Code, and the physical injuries
12 inflicted by either the defendant or the
13 other person or persons for whose conduct
14 he is legally accountable caused the death
15 of the murdered individual; and (B) in
16 performing the acts which caused the death
17 of the murdered individual or which
18 resulted in physical injuries personally
19 inflicted by the defendant on the murdered
20 individual under the circumstances of
21 subdivision (ii) of clause (A) of this
22 clause (4), the defendant acted with the
23 intent to kill the murdered individual or
24 with the knowledge that his or her acts
25 created a strong probability of death or
26 great bodily harm to the murdered

HB3762- 143 -LRB103 29450 RLC 55842 b
1 individual or another; and
2 (B) in performing the acts which caused
3 the death of the murdered individual or which
4 resulted in physical injuries personally
5 inflicted by the defendant on the murdered
6 individual under the circumstances of
7 subdivision (ii) of clause (A) of this clause
8 (4), the defendant acted with the intent to
9 kill the murdered individual or with the
10 knowledge that his or her acts created a
11 strong probability of death or great bodily
12 harm to the murdered individual or another;
13 and
14 (C) the other felony was an inherently
15 violent crime or the attempt to commit an
16 inherently violent crime. In this clause (C),
17 "inherently violent crime" includes, but is
18 not limited to, armed robbery, robbery,
19 predatory criminal sexual assault of a child,
20 aggravated criminal sexual assault, aggravated
21 kidnapping, aggravated vehicular hijacking,
22 aggravated arson, aggravated stalking,
23 residential burglary, and home invasion;
24 (5) the defendant committed the murder with
25 intent to prevent the murdered individual from
26 testifying or participating in any criminal

HB3762- 144 -LRB103 29450 RLC 55842 b
1 investigation or prosecution or giving material
2 assistance to the State in any investigation or
3 prosecution, either against the defendant or
4 another; or the defendant committed the murder
5 because the murdered individual was a witness in
6 any prosecution or gave material assistance to the
7 State in any investigation or prosecution, either
8 against the defendant or another; for purposes of
9 this clause (5), "participating in any criminal
10 investigation or prosecution" is intended to
11 include those appearing in the proceedings in any
12 capacity such as trial judges, prosecutors,
13 defense attorneys, investigators, witnesses, or
14 jurors;
15 (6) the defendant, while committing an offense
16 punishable under Section 401, 401.1, 401.2, 405,
17 405.2, 407 or 407.1 or subsection (b) of Section
18 404 of the Illinois Controlled Substances Act, or
19 while engaged in a conspiracy or solicitation to
20 commit such offense, intentionally killed an
21 individual or counseled, commanded, induced,
22 procured or caused the intentional killing of the
23 murdered individual;
24 (7) the defendant was incarcerated in an
25 institution or facility of the Department of
26 Corrections at the time of the murder, and while

HB3762- 145 -LRB103 29450 RLC 55842 b
1 committing an offense punishable as a felony under
2 Illinois law, or while engaged in a conspiracy or
3 solicitation to commit such offense, intentionally
4 killed an individual or counseled, commanded,
5 induced, procured or caused the intentional
6 killing of the murdered individual;
7 (8) the murder was committed in a cold,
8 calculated and premeditated manner pursuant to a
9 preconceived plan, scheme or design to take a
10 human life by unlawful means, and the conduct of
11 the defendant created a reasonable expectation
12 that the death of a human being would result
13 therefrom;
14 (9) the defendant was a principal
15 administrator, organizer, or leader of a
16 calculated criminal drug conspiracy consisting of
17 a hierarchical position of authority superior to
18 that of all other members of the conspiracy, and
19 the defendant counseled, commanded, induced,
20 procured, or caused the intentional killing of the
21 murdered person;
22 (10) the murder was intentional and involved
23 the infliction of torture. For the purpose of this
24 clause (10), torture means the infliction of or
25 subjection to extreme physical pain, motivated by
26 an intent to increase or prolong the pain,

HB3762- 146 -LRB103 29450 RLC 55842 b
1 suffering or agony of the victim;
2 (11) the murder was committed as a result of
3 the intentional discharge of a firearm by the
4 defendant from a motor vehicle and the victim was
5 not present within the motor vehicle;
6 (12) the murdered individual was a person with
7 a disability and the defendant knew or should have
8 known that the murdered individual was a person
9 with a disability. For purposes of this clause
10 (12), "person with a disability" means a person
11 who suffers from a permanent physical or mental
12 impairment resulting from disease, an injury, a
13 functional disorder, or a congenital condition
14 that renders the person incapable of adequately
15 providing for his or her own health or personal
16 care;
17 (13) the murdered individual was subject to an
18 order of protection and the murder was committed
19 by a person against whom the same order of
20 protection was issued under the Illinois Domestic
21 Violence Act of 1986;
22 (14) the murdered individual was known by the
23 defendant to be a teacher or other person employed
24 in any school and the teacher or other employee is
25 upon the grounds of a school or grounds adjacent
26 to a school, or is in any part of a building used

HB3762- 147 -LRB103 29450 RLC 55842 b
1 for school purposes;
2 (15) the murder was committed by the defendant
3 in connection with or as a result of the offense of
4 terrorism as defined in Section 29D-14.9 of this
5 Code;
6 (16) the murdered individual was a member of a
7 congregation engaged in prayer or other religious
8 activities at a church, synagogue, mosque, or
9 other building, structure, or place used for
10 religious worship; or
11 (17)(i) the murdered individual was a
12 physician, physician assistant, psychologist,
13 nurse, or advanced practice registered nurse;
14 (ii) the defendant knew or should have known
15 that the murdered individual was a physician,
16 physician assistant, psychologist, nurse, or
17 advanced practice registered nurse; and
18 (iii) the murdered individual was killed in
19 the course of acting in his or her capacity as a
20 physician, physician assistant, psychologist,
21 nurse, or advanced practice registered nurse, or
22 to prevent him or her from acting in that
23 capacity, or in retaliation for his or her acting
24 in that capacity.
25 (c) the court shall sentence the defendant to a
26 term of natural life imprisonment if the defendant, at

HB3762- 148 -LRB103 29450 RLC 55842 b
1 the time of the commission of the murder, had attained
2 the age of 18, and:
3 (i) has previously been convicted of first
4 degree murder under any state or federal law, or
5 (ii) is found guilty of murdering more than
6 one victim, or
7 (iii) is found guilty of murdering a peace
8 officer, fireman, or emergency management worker
9 when the peace officer, fireman, or emergency
10 management worker was killed in the course of
11 performing his official duties, or to prevent the
12 peace officer or fireman from performing his
13 official duties, or in retaliation for the peace
14 officer, fireman, or emergency management worker
15 from performing his official duties, and the
16 defendant knew or should have known that the
17 murdered individual was a peace officer, fireman,
18 or emergency management worker, or
19 (iv) is found guilty of murdering an employee
20 of an institution or facility of the Department of
21 Corrections, or any similar local correctional
22 agency, when the employee was killed in the course
23 of performing his official duties, or to prevent
24 the employee from performing his official duties,
25 or in retaliation for the employee performing his
26 official duties, or

HB3762- 149 -LRB103 29450 RLC 55842 b
1 (v) is found guilty of murdering an emergency
2 medical technician - ambulance, emergency medical
3 technician - intermediate, emergency medical
4 technician - paramedic, ambulance driver or other
5 medical assistance or first aid person while
6 employed by a municipality or other governmental
7 unit when the person was killed in the course of
8 performing official duties or to prevent the
9 person from performing official duties or in
10 retaliation for performing official duties and the
11 defendant knew or should have known that the
12 murdered individual was an emergency medical
13 technician - ambulance, emergency medical
14 technician - intermediate, emergency medical
15 technician - paramedic, ambulance driver, or other
16 medical assistant or first aid personnel, or
17 (vi) (blank), or
18 (vii) is found guilty of first degree murder
19 and the murder was committed by reason of any
20 person's activity as a community policing
21 volunteer or to prevent any person from engaging
22 in activity as a community policing volunteer. For
23 the purpose of this Section, "community policing
24 volunteer" has the meaning ascribed to it in
25 Section 2-3.5 of the Criminal Code of 2012.
26 For purposes of clause (v), "emergency medical

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1 technician - ambulance", "emergency medical technician -
2 intermediate", "emergency medical technician -
3 paramedic", have the meanings ascribed to them in the
4 Emergency Medical Services (EMS) Systems Act.
5 (d)(i) if the person committed the offense while
6 armed with a firearm, 15 years shall be added to
7 the term of imprisonment imposed by the court;
8 (ii) if, during the commission of the offense, the
9 person personally discharged a firearm, 20 years shall
10 be added to the term of imprisonment imposed by the
11 court;
12 (iii) if, during the commission of the offense,
13 the person personally discharged a firearm that
14 proximately caused great bodily harm, permanent
15 disability, permanent disfigurement, or death to
16 another person, 25 years or up to a term of natural
17 life shall be added to the term of imprisonment
18 imposed by the court.
19 (2) (blank);
20 (2.5) for a person who has attained the age of 18 years
21 at the time of the commission of the offense and who is
22 convicted under the circumstances described in subdivision
23 (b)(1)(B) of Section 11-1.20 or paragraph (3) of
24 subsection (b) of Section 12-13, subdivision (d)(2) of
25 Section 11-1.30 or paragraph (2) of subsection (d) of
26 Section 12-14, subdivision (b)(1.2) of Section 11-1.40 or

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1 paragraph (1.2) of subsection (b) of Section 12-14.1,
2 subdivision (b)(2) of Section 11-1.40 or paragraph (2) of
3 subsection (b) of Section 12-14.1 of the Criminal Code of
4 1961 or the Criminal Code of 2012, the sentence shall be a
5 term of natural life imprisonment.
6 (b) (Blank).
7 (c) (Blank).
8 (d) Subject to earlier termination under Section 3-3-8,
9the parole or mandatory supervised release term shall be
10written as part of the sentencing order and shall be as
11follows:
12 (1) for first degree murder or for the offenses of
13 predatory criminal sexual assault of a child, aggravated
14 criminal sexual assault, and criminal sexual assault if
15 committed on or before December 12, 2005, 3 years;
16 (1.5) except as provided in paragraph (7) of this
17 subsection (d), for a Class X felony except for the
18 offenses of predatory criminal sexual assault of a child,
19 aggravated criminal sexual assault, and criminal sexual
20 assault if committed on or after December 13, 2005 (the
21 effective date of Public Act 94-715) and except for the
22 offense of aggravated child pornography under Section
23 11-20.1B, 11-20.3, or 11-20.1 with sentencing under
24 subsection (c-5) of Section 11-20.1 of the Criminal Code
25 of 1961 or the Criminal Code of 2012, if committed on or
26 after January 1, 2009, 18 months;

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1 (2) except as provided in paragraph (7) of this
2 subsection (d), for a Class 1 felony or a Class 2 felony
3 except for the offense of criminal sexual assault if
4 committed on or after December 13, 2005 (the effective
5 date of Public Act 94-715) and except for the offenses of
6 manufacture and dissemination of child pornography under
7 clauses (a)(1) and (a)(2) of Section 11-20.1 of the
8 Criminal Code of 1961 or the Criminal Code of 2012, if
9 committed on or after January 1, 2009, 12 months;
10 (3) except as provided in paragraph (4), (6), or (7)
11 of this subsection (d), for a Class 3 felony or a Class 4
12 felony, 6 months; no later than 45 days after the onset of
13 the term of mandatory supervised release, the Prisoner
14 Review Board shall conduct a discretionary discharge
15 review pursuant to the provisions of Section 3-3-8, which
16 shall include the results of a standardized risk and needs
17 assessment tool administered by the Department of
18 Corrections; the changes to this paragraph (3) made by
19 this amendatory Act of the 102nd General Assembly apply to
20 all individuals released on mandatory supervised release
21 on or after the effective date of this amendatory Act of
22 the 102nd General Assembly, including those individuals
23 whose sentences were imposed prior to the effective date
24 of this amendatory Act of the 102nd General Assembly;
25 (4) for defendants who commit the offense of predatory
26 criminal sexual assault of a child, aggravated criminal

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1 sexual assault, or criminal sexual assault, on or after
2 December 13, 2005 (the effective date of Public Act
3 94-715), or who commit the offense of aggravated child
4 pornography under Section 11-20.1B, 11-20.3, or 11-20.1
5 with sentencing under subsection (c-5) of Section 11-20.1
6 of the Criminal Code of 1961 or the Criminal Code of 2012,
7 manufacture of child pornography, or dissemination of
8 child pornography after January 1, 2009, the term of
9 mandatory supervised release shall range from a minimum of
10 3 years to a maximum of the natural life of the defendant;
11 (5) if the victim is under 18 years of age, for a
12 second or subsequent offense of aggravated criminal sexual
13 abuse or felony criminal sexual abuse, 4 years, at least
14 the first 2 years of which the defendant shall serve in an
15 electronic monitoring or home detention program under
16 Article 8A of Chapter V of this Code;
17 (6) for a felony domestic battery, aggravated domestic
18 battery, stalking, aggravated stalking, and a felony
19 violation of an order of protection, 4 years;
20 (7) for any felony described in paragraph (a)(2)(ii),
21 (a)(2)(iii), (a)(2)(iv), (a)(2)(vi), (a)(2.1), (a)(2.3),
22 (a)(2.4), (a)(2.5), or (a)(2.6) of Article 5, Section
23 3-6-3 of the Unified Code of Corrections requiring an
24 inmate to serve a minimum of 85% of their court-imposed
25 sentence, except for the offenses of predatory criminal
26 sexual assault of a child, aggravated criminal sexual

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1 assault, and criminal sexual assault if committed on or
2 after December 13, 2005 (the effective date of Public Act
3 94-715) and except for the offense of aggravated child
4 pornography under Section 11-20.1B, 11-20.3, or 11-20.1
5 with sentencing under subsection (c-5) of Section 11-20.1
6 of the Criminal Code of 1961 or the Criminal Code of 2012,
7 if committed on or after January 1, 2009 and except as
8 provided in paragraph (4) or paragraph (6) of this
9 subsection (d), the term of mandatory supervised release
10 shall be as follows:
11 (A) Class X felony, 3 years;
12 (B) Class 1 or Class 2 felonies, 2 years;
13 (C) Class 3 or Class 4 felonies, 1 year.
14 (e) (Blank).
15 (f) (Blank).
16 (g) Notwithstanding any other provisions of this Act and
17of Public Act 101-652: (i) the provisions of paragraph (3) of
18subsection (d) are effective on July 1, 2022 and shall apply to
19all individuals convicted on or after the effective date of
20paragraph (3) of subsection (d); and (ii) the provisions of
21paragraphs (1.5) and (2) of subsection (d) are effective on
22July 1, 2021 and shall apply to all individuals convicted on or
23after the effective date of paragraphs (1.5) and (2) of
24subsection (d).
25(Source: P.A. 101-288, eff. 1-1-20; 101-652, eff. 7-1-21;
26102-28, eff. 6-25-21; 102-687, eff. 12-17-21; 102-694, eff.

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11-7-22; 102-1104, eff. 12-6-22.)
2 Section 55. The County Jail Act is amended by changing
3Section 13 as follows:
4 (730 ILCS 125/13) (from Ch. 75, par. 113)
5 Sec. 13. Whenever the Warden of any jail shall have in his
6custody any person charged with a capital offense or other
7high crime, and there is no jail in his county, or the jail is
8insufficient, he may, with the advice of the judge of the
9circuit court of such county, employ a sufficient guard, not
10exceeding 3 persons, for the guarding and safe keeping of such
11prisoner in his own county. The expense of such guard shall be
12audited and paid as other county expenses.
13(Source: P.A. 83-1073.)
14 Section 60. The Code of Civil Procedure is amended by
15changing Section 10-103 as follows:
16 (735 ILCS 5/10-103) (from Ch. 110, par. 10-103)
17 Sec. 10-103. Application. Application for the relief shall
18be made to the Supreme Court or to the circuit court of the
19county in which the person in whose behalf the application is
20made, is imprisoned or restrained, or to the circuit court of
21the county from which such person was sentenced or committed.
22Application shall be made by complaint signed by the person

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1for whose relief it is intended, or by some person in his or
2her behalf, and verified by affidavit. Application for relief
3under this Article may not be commenced on behalf of a person
4who has been sentenced to death without the written consent of
5that person, unless the person, because of a mental or
6physical condition, is incapable of asserting his or her own
7claim.
8(Source: P.A. 89-684, eff. 6-1-97.)

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1 INDEX
2 Statutes amended in order of appearance
3 55 ILCS 5/3-4011from Ch. 34, par. 3-4011
4 105 ILCS 5/21B-85
5 305 ILCS 5/1-8
6 720 ILCS 5/2-7from Ch. 38, par. 2-7
7 720 ILCS 5/8-4from Ch. 38, par. 8-4
8 720 ILCS 5/9-1from Ch. 38, par. 9-1
9 720 ILCS 5/9-1.2from Ch. 38, par. 9-1.2
10 720 ILCS 5/12-3.05was 720 ILCS 5/12-4
11 720 ILCS 5/30-1from Ch. 38, par. 30-1
12 720 ILCS 550/9from Ch. 56 1/2, par. 709
13 725 ILCS 5/104-26from Ch. 38, par. 104-26
14 725 ILCS 5/111-3from Ch. 38, par. 111-3
15 725 ILCS 5/114-15
16 725 ILCS 5/116-4
17 725 ILCS 5/121-13from Ch. 38, par. 121-13
18 725 ILCS 5/122-1from Ch. 38, par. 122-1
19 725 ILCS 5/122-2.1from Ch. 38, par. 122-2.1
20 725 ILCS 5/122-2.2
21 725 ILCS 5/122-4from Ch. 38, par. 122-4
22 725 ILCS 5/119-5 rep.
23 725 ILCS 105/10.5
24 725 ILCS 235/5from Ch. 38, par. 157-5
25 730 ILCS 5/3-3-13from Ch. 38, par. 1003-3-13

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