Public Act 103-0051

HB3762 Enrolled LRB103 29450 RLC 55842 b

AN ACT concerning criminal law.

Be it enacted by the People of the State of Illinois,

represented in the General Assembly:

Section 5. The Counties Code is amended by changing

Section 3-4011 as follows:

(55 ILCS 5/3-4011) (from Ch. 34, par. 3-4011)

Sec. 3-4011. Expenses and legal services for indigent

defendants in felony cases. It shall be the duty of the county

board in counties containing fewer than 500,000 inhabitants to

appropriate a sufficient sum for the purpose of paying for the

legal services necessarily rendered for the defense of

indigent persons in felony cases, and for costs, expenses and

legal services necessary in the prosecution of an appeal when

the sentence is death, which is to be paid upon the orders of a

court of competent jurisdiction. It shall likewise be the duty

of the county board in counties containing fewer than 500,000

inhabitants to appropriate a sufficient sum for the payment of

out of pocket expenses necessarily incurred by appointed

counsel in the prosecution of an appeal on behalf of an

indigent incarcerated defendant in felony cases. In such cases

payment shall be made upon the order of the reviewing court.

(Source: P.A. 86-962.)

Section 10. The School Code is amended by changing Section

21B-85 as follows:

(105 ILCS 5/21B-85)

Sec. 21B-85. Conviction of felony.

(a) Whenever the holder of any license issued under this

Article is employed by the school board of a school district,

including a special charter district or a school district

organized under Article 34 of this Code, and is convicted,

either after a bench trial, trial by jury, or plea of guilty,

of any offense for which a sentence to death or a term of

imprisonment in a penitentiary for one year or more is

provided, the school board shall promptly notify the State

Superintendent of Education, in writing, of the name of the

license holder, the fact of the conviction, and the name and

location of the court in which the conviction occurred.

(b) Whenever the school board of a school district,

including a special charter district or a school district

organized under Article 34 of this Code, learns that any

person who is a teacher, as that term is defined in Section

16-106 of the Illinois Pension Code, has been convicted,

either after a bench trial, trial by jury, or plea of guilty,

of any offense for which a sentence to death or a term of

imprisonment in a penitentiary for one year or more is

provided, the school board shall promptly notify, in writing,

the board of trustees of the Teachers' Retirement System of

the State of Illinois and the board of trustees of the Public

School Teachers' Pension and Retirement Fund of the City of

Chicago of the name of the license holder, the fact of the

conviction, the name and location of the court in which the

conviction occurred, and the number assigned in that court to

the case in which the conviction occurred.

(Source: P.A. 102-552, eff. 1-1-22.)

Section 15. The Illinois Public Aid Code is amended by

changing Section 1-8 as follows:

(305 ILCS 5/1-8)

Sec. 1-8. Fugitives ineligible.

(a) The following persons are not eligible for aid under

this Code, or federal food stamps or federal food stamp

benefits:

(1) A person who has fled from the jurisdiction of any

court of record of this or any other state or of the United

States to avoid prosecution for a felony or to avoid

giving testimony in any criminal proceeding involving the

alleged commission of a felony.

(2) A person who has fled to avoid imprisonment in a

correctional facility of this or any other state or the

United States for having committed a felony.

(3) A person who has escaped from a correctional

facility of this or any other state or the United States if

the person was incarcerated for having committed a felony.

(4) A person who is violating a condition of probation

or parole imposed under federal or State law.

In this Section, "felony" means a violation of a penal

statute of this or any other state or the United States for

which a sentence to death or to a term of imprisonment in a

penitentiary for one year or more is provided or in which the

death penalty may be imposed in another state.

To implement this Section, the Illinois Department may

exchange necessary information with an appropriate law

enforcement agency of this or any other state, a political

subdivision of this or any other state, or the United States.

(b) (Blank).

(Source: P.A. 92-111, eff. 1-1-02.)

Section 20. The Criminal Code of 2012 is amended by

changing Sections 2-7, 8-4, 9-1, 9-1.2, 12-3.05, and 30-1 as

follows:

(720 ILCS 5/2-7) (from Ch. 38, par. 2-7)

Sec. 2-7. "Felony".

"Felony" means an offense for which a sentence to death or

to a term of imprisonment in a penitentiary for one year or

more is provided.

(Source: P.A. 77-2638.)

(720 ILCS 5/8-4) (from Ch. 38, par. 8-4)

Sec. 8-4. Attempt.

(a) Elements of the offense.

A person commits the offense of attempt when, with intent

to commit a specific offense, he or she does any act that

constitutes a substantial step toward the commission of that

offense.

(b) Impossibility.

It is not a defense to a charge of attempt that because of

a misapprehension of the circumstances it would have been

impossible for the accused to commit the offense attempted.

(c) Sentence.

A person convicted of attempt may be fined or imprisoned

or both not to exceed the maximum provided for the offense

attempted but, except for an attempt to commit the offense

defined in Section 33A-2 of this Code:

(1) the sentence for attempt to commit first degree

murder is the sentence for a Class X felony, except that

(A) an attempt to commit first degree murder when

at least one of the aggravating factors specified in

clauses (iii), (iv), and (v) of subsection (a)(1)(c)

of Section 5-8-1 of the Unified Code of Corrections

paragraphs (1), (2), and (12) of subsection (b) of

Section 9-1 is present is a Class X felony for which

the sentence shall be a term of imprisonment of not

less than 20 years and not more than 80 years;

(B) an attempt to commit first degree murder while

armed with a firearm is a Class X felony for which 15

years shall be added to the term of imprisonment

imposed by the court;

(C) an attempt to commit first degree murder

during which the person personally discharged a

firearm is a Class X felony for which 20 years shall be

added to the term of imprisonment imposed by the

court;

(D) an attempt to commit first degree murder

during which the person personally discharged a

firearm that proximately caused great bodily harm,

permanent disability, permanent disfigurement, or

death to another person is a Class X felony for which

25 years or up to a term of natural life shall be added

to the term of imprisonment imposed by the court; and

(E) if the defendant proves by a preponderance of

the evidence at sentencing that, at the time of the

attempted murder, he or she was acting under a sudden

and intense passion resulting from serious provocation

by the individual whom the defendant endeavored to

kill, or another, and, had the individual the

defendant endeavored to kill died, the defendant would

have negligently or accidentally caused that death,

then the sentence for the attempted murder is the

sentence for a Class 1 felony;

(2) the sentence for attempt to commit a Class X

felony is the sentence for a Class 1 felony;

(3) the sentence for attempt to commit a Class 1

felony is the sentence for a Class 2 felony;

(4) the sentence for attempt to commit a Class 2

felony is the sentence for a Class 3 felony; and

(5) the sentence for attempt to commit any felony

other than those specified in items (1), (2), (3), and (4)

of this subsection (c) is the sentence for a Class A

misdemeanor.

(Source: P.A. 96-710, eff. 1-1-10.)

(720 ILCS 5/9-1) (from Ch. 38, par. 9-1)

Sec. 9-1. First degree murder; death penalties;

exceptions; separate hearings; proof; findings; appellate

procedures; reversals.

(a) A person who kills an individual without lawful

justification commits first degree murder if, in performing

the acts which cause the death:

(1) he or she either intends to kill or do great bodily

harm to that individual or another, or knows that such

acts will cause death to that individual or another; or

(2) he or she knows that such acts create a strong

probability of death or great bodily harm to that

individual or another; or

(3) he or she, acting alone or with one or more

participants, commits or attempts to commit a forcible

felony other than second degree murder, and in the course

of or in furtherance of such crime or flight therefrom, he

or she or another participant causes the death of a

person.

(b) (Blank). Aggravating Factors. A defendant who at the

time of the commission of the offense has attained the age of

18 or more and who has been found guilty of first degree murder

may be sentenced to death if:

(1) the murdered individual was a peace officer or

fireman killed in the course of performing his official

duties, to prevent the performance of his or her official

duties, or in retaliation for performing his or her

official duties, and the defendant knew or should have

known that the murdered individual was a peace officer or

fireman; or

(2) the murdered individual was an employee of an

institution or facility of the Department of Corrections,

or any similar local correctional agency, killed in the

course of performing his or her official duties, to

prevent the performance of his or her official duties, or

in retaliation for performing his or her official duties,

or the murdered individual was an inmate at such

institution or facility and was killed on the grounds

thereof, or the murdered individual was otherwise present

in such institution or facility with the knowledge and

approval of the chief administrative officer thereof; or

(3) the defendant has been convicted of murdering two

or more individuals under subsection (a) of this Section

or under any law of the United States or of any state which

is substantially similar to subsection (a) of this Section

regardless of whether the deaths occurred as the result of

the same act or of several related or unrelated acts so

long as the deaths were the result of either an intent to

kill more than one person or of separate acts which the

defendant knew would cause death or create a strong

probability of death or great bodily harm to the murdered

individual or another; or

(4) the murdered individual was killed as a result of

the hijacking of an airplane, train, ship, bus, or other

public conveyance; or

(5) the defendant committed the murder pursuant to a

contract, agreement, or understanding by which he or she

was to receive money or anything of value in return for

committing the murder or procured another to commit the

murder for money or anything of value; or

(6) the murdered individual was killed in the course

of another felony if:

(a) the murdered individual:

(i) was actually killed by the defendant, or

(ii) received physical injuries personally

inflicted by the defendant substantially

contemporaneously with physical injuries caused by

one or more persons for whose conduct the

defendant is legally accountable under Section 5-2

of this Code, and the physical injuries inflicted

by either the defendant or the other person or

persons for whose conduct he is legally

accountable caused the death of the murdered

individual; and

(b) in performing the acts which caused the death

of the murdered individual or which resulted in

physical injuries personally inflicted by the

defendant on the murdered individual under the

circumstances of subdivision (ii) of subparagraph (a)

of paragraph (6) of subsection (b) of this Section,

the defendant acted with the intent to kill the

murdered individual or with the knowledge that his

acts created a strong probability of death or great

bodily harm to the murdered individual or another; and

(c) the other felony was an inherently violent

crime or the attempt to commit an inherently violent

crime. In this subparagraph (c), "inherently violent

crime" includes, but is not limited to, armed robbery,

robbery, predatory criminal sexual assault of a child,

aggravated criminal sexual assault, aggravated

kidnapping, aggravated vehicular hijacking, aggravated

arson, aggravated stalking, residential burglary, and

home invasion; or

(7) the murdered individual was under 12 years of age

and the death resulted from exceptionally brutal or

heinous behavior indicative of wanton cruelty; or

(8) the defendant committed the murder with intent to

prevent the murdered individual from testifying or

participating in any criminal investigation or prosecution

or giving material assistance to the State in any

investigation or prosecution, either against the defendant

or another; or the defendant committed the murder because

the murdered individual was a witness in any prosecution

or gave material assistance to the State in any

investigation or prosecution, either against the defendant

or another; for purposes of this paragraph (8),

"participating in any criminal investigation or

prosecution" is intended to include those appearing in the

proceedings in any capacity such as trial judges,

prosecutors, defense attorneys, investigators, witnesses,

or jurors; or

(9) the defendant, while committing an offense

punishable under Sections 401, 401.1, 401.2, 405, 405.2,

407 or 407.1 or subsection (b) of Section 404 of the

Illinois Controlled Substances Act, or while engaged in a

conspiracy or solicitation to commit such offense,

intentionally killed an individual or counseled,

commanded, induced, procured or caused the intentional

killing of the murdered individual; or

(10) the defendant was incarcerated in an institution

or facility of the Department of Corrections at the time

of the murder, and while committing an offense punishable

as a felony under Illinois law, or while engaged in a

conspiracy or solicitation to commit such offense,

intentionally killed an individual or counseled,

commanded, induced, procured or caused the intentional

killing of the murdered individual; or

(11) the murder was committed in a cold, calculated

and premeditated manner pursuant to a preconceived plan,

scheme or design to take a human life by unlawful means,

and the conduct of the defendant created a reasonable

expectation that the death of a human being would result

therefrom; or

(12) the murdered individual was an emergency medical

technician - ambulance, emergency medical technician -

intermediate, emergency medical technician - paramedic,

ambulance driver, or other medical assistance or first aid

personnel, employed by a municipality or other

governmental unit, killed in the course of performing his

official duties, to prevent the performance of his

official duties, or in retaliation for performing his

official duties, and the defendant knew or should have

known that the murdered individual was an emergency

medical technician - ambulance, emergency medical

technician - intermediate, emergency medical technician -

paramedic, ambulance driver, or other medical assistance

or first aid personnel; or

(13) the defendant was a principal administrator,

organizer, or leader of a calculated criminal drug

conspiracy consisting of a hierarchical position of

authority superior to that of all other members of the

conspiracy, and the defendant counseled, commanded,

induced, procured, or caused the intentional killing of

the murdered person; or

(14) the murder was intentional and involved the

infliction of torture. For the purpose of this Section

torture means the infliction of or subjection to extreme

physical pain, motivated by an intent to increase or

prolong the pain, suffering or agony of the victim; or

(15) the murder was committed as a result of the

intentional discharge of a firearm by the defendant from a

motor vehicle and the victim was not present within the

motor vehicle; or

(16) the murdered individual was 60 years of age or

older and the death resulted from exceptionally brutal or

heinous behavior indicative of wanton cruelty; or

(17) the murdered individual was a person with a

disability and the defendant knew or should have known

that the murdered individual was a person with a

disability. For purposes of this paragraph (17), "person

with a disability" means a person who suffers from a

permanent physical or mental impairment resulting from

disease, an injury, a functional disorder, or a congenital

condition that renders the person incapable of adequately

providing for his or her own health or personal care; or

(18) the murder was committed by reason of any

person's activity as a community policing volunteer or to

prevent any person from engaging in activity as a

community policing volunteer; or

(19) the murdered individual was subject to an order

of protection and the murder was committed by a person

against whom the same order of protection was issued under

the Illinois Domestic Violence Act of 1986; or

(20) the murdered individual was known by the

defendant to be a teacher or other person employed in any

school and the teacher or other employee is upon the

grounds of a school or grounds adjacent to a school, or is

in any part of a building used for school purposes; or

(21) the murder was committed by the defendant in

connection with or as a result of the offense of terrorism

as defined in Section 29D-14.9 of this Code; or

(22) the murdered individual was a member of a

congregation engaged in prayer or other religious

activities at a church, synagogue, mosque, or other

building, structure, or place used for religious worship.

(b-5) (Blank). Aggravating Factor; Natural Life

Imprisonment. A defendant who has been found guilty of first

degree murder and who at the time of the commission of the

offense had attained the age of 18 years or more may be

sentenced to natural life imprisonment if (i) the murdered

individual was a physician, physician assistant, psychologist,

nurse, or advanced practice registered nurse, (ii) the

defendant knew or should have known that the murdered

individual was a physician, physician assistant, psychologist,

nurse, or advanced practice registered nurse, and (iii) the

murdered individual was killed in the course of acting in his

or her capacity as a physician, physician assistant,

psychologist, nurse, or advanced practice registered nurse, or

to prevent him or her from acting in that capacity, or in

retaliation for his or her acting in that capacity.

(c) (Blank). Consideration of factors in Aggravation and

Mitigation.

The court shall consider, or shall instruct the jury to

consider any aggravating and any mitigating factors which are

relevant to the imposition of the death penalty. Aggravating

factors may include but need not be limited to those factors

set forth in subsection (b). Mitigating factors may include

but need not be limited to the following:

(1) the defendant has no significant history of prior

criminal activity;

(2) the murder was committed while the defendant was

under the influence of extreme mental or emotional

disturbance, although not such as to constitute a defense

to prosecution;

(3) the murdered individual was a participant in the

defendant's homicidal conduct or consented to the

homicidal act;

(4) the defendant acted under the compulsion of threat

or menace of the imminent infliction of death or great

bodily harm;

(5) the defendant was not personally present during

commission of the act or acts causing death;

(6) the defendant's background includes a history of

extreme emotional or physical abuse;

(7) the defendant suffers from a reduced mental

capacity.

Provided, however, that an action that does not otherwise

mitigate first degree murder cannot qualify as a mitigating

factor for first degree murder because of the discovery,

knowledge, or disclosure of the victim's sexual orientation as

defined in Section 1-103 of the Illinois Human Rights Act.

(d) (Blank). Separate sentencing hearing.

Where requested by the State, the court shall conduct a

separate sentencing proceeding to determine the existence of

factors set forth in subsection (b) and to consider any

aggravating or mitigating factors as indicated in subsection

(c). The proceeding shall be conducted:

(1) before the jury that determined the defendant's

guilt; or

(2) before a jury impanelled for the purpose of the

proceeding if:

A. the defendant was convicted upon a plea of

guilty; or

B. the defendant was convicted after a trial

before the court sitting without a jury; or

C. the court for good cause shown discharges the

jury that determined the defendant's guilt; or

(3) before the court alone if the defendant waives a

jury for the separate proceeding.

(e) (Blank). Evidence and Argument.

During the proceeding any information relevant to any of

the factors set forth in subsection (b) may be presented by

either the State or the defendant under the rules governing

the admission of evidence at criminal trials. Any information

relevant to any additional aggravating factors or any

mitigating factors indicated in subsection (c) may be

presented by the State or defendant regardless of its

admissibility under the rules governing the admission of

evidence at criminal trials. The State and the defendant shall

be given fair opportunity to rebut any information received at

the hearing.

(f) (Blank). Proof.

The burden of proof of establishing the existence of any

of the factors set forth in subsection (b) is on the State and

shall not be satisfied unless established beyond a reasonable

doubt.

(g) (Blank). Procedure - Jury.

If at the separate sentencing proceeding the jury finds

that none of the factors set forth in subsection (b) exists,

the court shall sentence the defendant to a term of

imprisonment under Chapter V of the Unified Code of

Corrections. If there is a unanimous finding by the jury that

one or more of the factors set forth in subsection (b) exist,

the jury shall consider aggravating and mitigating factors as

instructed by the court and shall determine whether the

sentence of death shall be imposed. If the jury determines

unanimously, after weighing the factors in aggravation and

mitigation, that death is the appropriate sentence, the court

shall sentence the defendant to death. If the court does not

concur with the jury determination that death is the

appropriate sentence, the court shall set forth reasons in

writing including what facts or circumstances the court relied

upon, along with any relevant documents, that compelled the

court to non-concur with the sentence. This document and any

attachments shall be part of the record for appellate review.

The court shall be bound by the jury's sentencing

determination.

If after weighing the factors in aggravation and

mitigation, one or more jurors determines that death is not

the appropriate sentence, the court shall sentence the

defendant to a term of imprisonment under Chapter V of the

Unified Code of Corrections.

(h) (Blank). Procedure - No Jury.

In a proceeding before the court alone, if the court finds

that none of the factors found in subsection (b) exists, the

court shall sentence the defendant to a term of imprisonment

under Chapter V of the Unified Code of Corrections.

If the Court determines that one or more of the factors set

forth in subsection (b) exists, the Court shall consider any

aggravating and mitigating factors as indicated in subsection

(c). If the Court determines, after weighing the factors in

aggravation and mitigation, that death is the appropriate

sentence, the Court shall sentence the defendant to death.

If the court finds that death is not the appropriate

sentence, the court shall sentence the defendant to a term of

imprisonment under Chapter V of the Unified Code of

Corrections.

(h-5) (Blank). Decertification as a capital case.

In a case in which the defendant has been found guilty of

first degree murder by a judge or jury, or a case on remand for

resentencing, and the State seeks the death penalty as an

appropriate sentence, on the court's own motion or the written

motion of the defendant, the court may decertify the case as a

death penalty case if the court finds that the only evidence

supporting the defendant's conviction is the uncorroborated

testimony of an informant witness, as defined in Section

115-21 of the Code of Criminal Procedure of 1963, concerning

the confession or admission of the defendant or that the sole

evidence against the defendant is a single eyewitness or

single accomplice without any other corroborating evidence. If

the court decertifies the case as a capital case under either

of the grounds set forth above, the court shall issue a written

finding. The State may pursue its right to appeal the

decertification pursuant to Supreme Court Rule 604(a)(1). If

the court does not decertify the case as a capital case, the

matter shall proceed to the eligibility phase of the

sentencing hearing.

(i) (Blank). Appellate Procedure.

The conviction and sentence of death shall be subject to

automatic review by the Supreme Court. Such review shall be in

accordance with rules promulgated by the Supreme Court. The

Illinois Supreme Court may overturn the death sentence, and

order the imposition of imprisonment under Chapter V of the

Unified Code of Corrections if the court finds that the death

sentence is fundamentally unjust as applied to the particular

case. If the Illinois Supreme Court finds that the death

sentence is fundamentally unjust as applied to the particular

case, independent of any procedural grounds for relief, the

Illinois Supreme Court shall issue a written opinion

explaining this finding.

(j) (Blank). Disposition of reversed death sentence.

In the event that the death penalty in this Act is held to

be unconstitutional by the Supreme Court of the United States

or of the State of Illinois, any person convicted of first

degree murder shall be sentenced by the court to a term of

imprisonment under Chapter V of the Unified Code of

Corrections.

In the event that any death sentence pursuant to the

sentencing provisions of this Section is declared

unconstitutional by the Supreme Court of the United States or

of the State of Illinois, the court having jurisdiction over a

person previously sentenced to death shall cause the defendant

to be brought before the court, and the court shall sentence

the defendant to a term of imprisonment under Chapter V of the

Unified Code of Corrections.

(k) (Blank). Guidelines for seeking the death penalty.

The Attorney General and State's Attorneys Association

shall consult on voluntary guidelines for procedures governing

whether or not to seek the death penalty. The guidelines do not

have the force of law and are only advisory in nature.

(Source: P.A. 100-460, eff. 1-1-18; 100-513, eff. 1-1-18;

100-863, eff. 8-14-18; 101-223, eff. 1-1-20; 101-652, eff.

7-1-21.)

(720 ILCS 5/9-1.2) (from Ch. 38, par. 9-1.2)

Sec. 9-1.2. Intentional homicide of an unborn child.

(a) A person commits the offense of intentional homicide

of an unborn child if, in performing acts which cause the death

of an unborn child, he without lawful justification:

(1) either intended to cause the death of or do great

bodily harm to the pregnant individual or unborn child or

knew that such acts would cause death or great bodily harm

to the pregnant individual or unborn child; or

(2) knew that his acts created a strong probability of

death or great bodily harm to the pregnant individual or

unborn child; and

(3) knew that the individual was pregnant.

(b) For purposes of this Section, (1) "unborn child" shall

mean any individual of the human species from the implantation

of an embryo until birth, and (2) "person" shall not include

the pregnant woman whose unborn child is killed.

(c) This Section shall not apply to acts which cause the

death of an unborn child if those acts were committed during

any abortion, as defined in Section 1-10 of the Reproductive

Health Act, to which the pregnant individual has consented.

This Section shall not apply to acts which were committed

pursuant to usual and customary standards of medical practice

during diagnostic testing or therapeutic treatment.

(d) Penalty. The sentence for intentional homicide of an

unborn child shall be the same as for first degree murder,

except that:

(1) (blank) the death penalty may not be imposed;

(2) if the person committed the offense while armed

with a firearm, 15 years shall be added to the term of

imprisonment imposed by the court;

(3) if, during the commission of the offense, the

person personally discharged a firearm, 20 years shall be

added to the term of imprisonment imposed by the court;

(4) if, during the commission of the offense, the

person personally discharged a firearm that proximately

caused great bodily harm, permanent disability, permanent

disfigurement, or death to another person, 25 years or up

to a term of natural life shall be added to the term of

imprisonment imposed by the court.

(e) The provisions of this Act shall not be construed to

prohibit the prosecution of any person under any other

provision of law.

(Source: P.A. 101-13, eff. 6-12-19.)

(720 ILCS 5/12-3.05) (was 720 ILCS 5/12-4)

Sec. 12-3.05. Aggravated battery.

(a) Offense based on injury. A person commits aggravated

battery when, in committing a battery, other than by the

discharge of a firearm, he or she knowingly does any of the

following:

(1) Causes great bodily harm or permanent disability

or disfigurement.

(2) Causes severe and permanent disability, great

bodily harm, or disfigurement by means of a caustic or

flammable substance, a poisonous gas, a deadly biological

or chemical contaminant or agent, a radioactive substance,

or a bomb or explosive compound.

(3) Causes great bodily harm or permanent disability

or disfigurement to an individual whom the person knows to

be a peace officer, community policing volunteer, fireman,

private security officer, correctional institution

employee, or Department of Human Services employee

supervising or controlling sexually dangerous persons or

sexually violent persons:

(i) performing his or her official duties;

(ii) battered to prevent performance of his or her

official duties; or

(iii) battered in retaliation for performing his

or her official duties.

(4) Causes great bodily harm or permanent disability

or disfigurement to an individual 60 years of age or

older.

(5) Strangles another individual.

(b) Offense based on injury to a child or person with an

intellectual disability. A person who is at least 18 years of

age commits aggravated battery when, in committing a battery,

he or she knowingly and without legal justification by any

means:

(1) causes great bodily harm or permanent disability

or disfigurement to any child under the age of 13 years, or

to any person with a severe or profound intellectual

disability; or

(2) causes bodily harm or disability or disfigurement

to any child under the age of 13 years or to any person

with a severe or profound intellectual disability.

(c) Offense based on location of conduct. A person commits

aggravated battery when, in committing a battery, other than

by the discharge of a firearm, he or she is or the person

battered is on or about a public way, public property, a public

place of accommodation or amusement, a sports venue, or a

domestic violence shelter, or in a church, synagogue, mosque,

or other building, structure, or place used for religious

worship.

(d) Offense based on status of victim. A person commits

aggravated battery when, in committing a battery, other than

by discharge of a firearm, he or she knows the individual

battered to be any of the following:

(1) A person 60 years of age or older.

(2) A person who is pregnant or has a physical

disability.

(3) A teacher or school employee upon school grounds

or grounds adjacent to a school or in any part of a

building used for school purposes.

(4) A peace officer, community policing volunteer,

fireman, private security officer, correctional

institution employee, or Department of Human Services

employee supervising or controlling sexually dangerous

persons or sexually violent persons:

(i) performing his or her official duties;

(ii) battered to prevent performance of his or her

official duties; or

(iii) battered in retaliation for performing his

or her official duties.

(5) A judge, emergency management worker, emergency

medical services personnel, or utility worker:

(i) performing his or her official duties;

(ii) battered to prevent performance of his or her

official duties; or

(iii) battered in retaliation for performing his

or her official duties.

(6) An officer or employee of the State of Illinois, a

unit of local government, or a school district, while

performing his or her official duties.

(7) A transit employee performing his or her official

duties, or a transit passenger.

(8) A taxi driver on duty.

(9) A merchant who detains the person for an alleged

commission of retail theft under Section 16-26 of this

Code and the person without legal justification by any

means causes bodily harm to the merchant.

(10) A person authorized to serve process under

Section 2-202 of the Code of Civil Procedure or a special

process server appointed by the circuit court while that

individual is in the performance of his or her duties as a

process server.

(11) A nurse while in the performance of his or her

duties as a nurse.

(12) A merchant: (i) while performing his or her

duties, including, but not limited to, relaying directions

for healthcare or safety from his or her supervisor or

employer or relaying health or safety guidelines,

recommendations, regulations, or rules from a federal,

State, or local public health agency; and (ii) during a

disaster declared by the Governor, or a state of emergency

declared by the mayor of the municipality in which the

merchant is located, due to a public health emergency and

for a period of 6 months after such declaration.

(e) Offense based on use of a firearm. A person commits

aggravated battery when, in committing a battery, he or she

knowingly does any of the following:

(1) Discharges a firearm, other than a machine gun or

a firearm equipped with a silencer, and causes any injury

to another person.

(2) Discharges a firearm, other than a machine gun or

a firearm equipped with a silencer, and causes any injury

to a person he or she knows to be a peace officer,

community policing volunteer, person summoned by a police

officer, fireman, private security officer, correctional

institution employee, or emergency management worker:

(i) performing his or her official duties;

(ii) battered to prevent performance of his or her

official duties; or

(iii) battered in retaliation for performing his

or her official duties.

(3) Discharges a firearm, other than a machine gun or

a firearm equipped with a silencer, and causes any injury

to a person he or she knows to be emergency medical

services personnel:

(i) performing his or her official duties;

(ii) battered to prevent performance of his or her

official duties; or

(iii) battered in retaliation for performing his

or her official duties.

(4) Discharges a firearm and causes any injury to a

person he or she knows to be a teacher, a student in a

school, or a school employee, and the teacher, student, or

employee is upon school grounds or grounds adjacent to a

school or in any part of a building used for school

purposes.

(5) Discharges a machine gun or a firearm equipped

with a silencer, and causes any injury to another person.

(6) Discharges a machine gun or a firearm equipped

with a silencer, and causes any injury to a person he or

she knows to be a peace officer, community policing

volunteer, person summoned by a police officer, fireman,

private security officer, correctional institution

employee or emergency management worker:

(i) performing his or her official duties;

(ii) battered to prevent performance of his or her

official duties; or

(iii) battered in retaliation for performing his

or her official duties.

(7) Discharges a machine gun or a firearm equipped

with a silencer, and causes any injury to a person he or

she knows to be emergency medical services personnel:

(i) performing his or her official duties;

(ii) battered to prevent performance of his or her

official duties; or

(iii) battered in retaliation for performing his

or her official duties.

(8) Discharges a machine gun or a firearm equipped

with a silencer, and causes any injury to a person he or

she knows to be a teacher, or a student in a school, or a

school employee, and the teacher, student, or employee is

upon school grounds or grounds adjacent to a school or in

any part of a building used for school purposes.

(f) Offense based on use of a weapon or device. A person

commits aggravated battery when, in committing a battery, he

or she does any of the following:

(1) Uses a deadly weapon other than by discharge of a

firearm, or uses an air rifle as defined in Section

24.8-0.1 of this Code.

(2) Wears a hood, robe, or mask to conceal his or her

identity.

(3) Knowingly and without lawful justification shines

or flashes a laser gunsight or other laser device attached

to a firearm, or used in concert with a firearm, so that

the laser beam strikes upon or against the person of

another.

(4) Knowingly video or audio records the offense with

the intent to disseminate the recording.

(g) Offense based on certain conduct. A person commits

aggravated battery when, other than by discharge of a firearm,

he or she does any of the following:

(1) Violates Section 401 of the Illinois Controlled

Substances Act by unlawfully delivering a controlled

substance to another and any user experiences great bodily

harm or permanent disability as a result of the injection,

inhalation, or ingestion of any amount of the controlled

substance.

(2) Knowingly administers to an individual or causes

him or her to take, without his or her consent or by threat

or deception, and for other than medical purposes, any

intoxicating, poisonous, stupefying, narcotic,

anesthetic, or controlled substance, or gives to another

person any food containing any substance or object

intended to cause physical injury if eaten.

(3) Knowingly causes or attempts to cause a

correctional institution employee or Department of Human

Services employee to come into contact with blood, seminal

fluid, urine, or feces by throwing, tossing, or expelling

the fluid or material, and the person is an inmate of a

penal institution or is a sexually dangerous person or

sexually violent person in the custody of the Department

of Human Services.

(h) Sentence. Unless otherwise provided, aggravated

battery is a Class 3 felony.

Aggravated battery as defined in subdivision (a)(4),

(d)(4), or (g)(3) is a Class 2 felony.

Aggravated battery as defined in subdivision (a)(3) or

(g)(1) is a Class 1 felony.

Aggravated battery as defined in subdivision (a)(1) is a

Class 1 felony when the aggravated battery was intentional and

involved the infliction of torture, as defined in paragraph

(10) (14) of subsection (b-5) (b) of Section 5-8-1 of the

Unified Code of Corrections Section 9-1 of this Code, as the

infliction of or subjection to extreme physical pain,

motivated by an intent to increase or prolong the pain,

suffering, or agony of the victim.

Aggravated battery as defined in subdivision (a)(1) is a

Class 2 felony when the person causes great bodily harm or

permanent disability to an individual whom the person knows to

be a member of a congregation engaged in prayer or other

religious activities at a church, synagogue, mosque, or other

building, structure, or place used for religious worship.

Aggravated battery under subdivision (a)(5) is a Class 1

felony if:

(A) the person used or attempted to use a dangerous

instrument while committing the offense;

(B) the person caused great bodily harm or permanent

disability or disfigurement to the other person while

committing the offense; or

(C) the person has been previously convicted of a

violation of subdivision (a)(5) under the laws of this

State or laws similar to subdivision (a)(5) of any other

state.

Aggravated battery as defined in subdivision (e)(1) is a

Class X felony.

Aggravated battery as defined in subdivision (a)(2) is a

Class X felony for which a person shall be sentenced to a term

of imprisonment of a minimum of 6 years and a maximum of 45

years.

Aggravated battery as defined in subdivision (e)(5) is a

Class X felony for which a person shall be sentenced to a term

of imprisonment of a minimum of 12 years and a maximum of 45

years.

Aggravated battery as defined in subdivision (e)(2),

(e)(3), or (e)(4) is a Class X felony for which a person shall

be sentenced to a term of imprisonment of a minimum of 15 years

and a maximum of 60 years.

Aggravated battery as defined in subdivision (e)(6),

(e)(7), or (e)(8) is a Class X felony for which a person shall

be sentenced to a term of imprisonment of a minimum of 20 years

and a maximum of 60 years.

Aggravated battery as defined in subdivision (b)(1) is a

Class X felony, except that:

(1) if the person committed the offense while armed

with a firearm, 15 years shall be added to the term of

imprisonment imposed by the court;

(2) if, during the commission of the offense, the

person personally discharged a firearm, 20 years shall be

added to the term of imprisonment imposed by the court;

(3) if, during the commission of the offense, the

person personally discharged a firearm that proximately

caused great bodily harm, permanent disability, permanent

disfigurement, or death to another person, 25 years or up

to a term of natural life shall be added to the term of

imprisonment imposed by the court.

(i) Definitions. In this Section:

"Building or other structure used to provide shelter" has

the meaning ascribed to "shelter" in Section 1 of the Domestic

Violence Shelters Act.

"Domestic violence" has the meaning ascribed to it in

Section 103 of the Illinois Domestic Violence Act of 1986.

"Domestic violence shelter" means any building or other

structure used to provide shelter or other services to victims

or to the dependent children of victims of domestic violence

pursuant to the Illinois Domestic Violence Act of 1986 or the

Domestic Violence Shelters Act, or any place within 500 feet

of such a building or other structure in the case of a person

who is going to or from such a building or other structure.

"Firearm" has the meaning provided under Section 1.1 of

the Firearm Owners Identification Card Act, and does not

include an air rifle as defined by Section 24.8-0.1 of this

Code.

"Machine gun" has the meaning ascribed to it in Section

24-1 of this Code.

"Merchant" has the meaning ascribed to it in Section

16-0.1 of this Code.

"Strangle" means intentionally impeding the normal

breathing or circulation of the blood of an individual by

applying pressure on the throat or neck of that individual or

by blocking the nose or mouth of that individual.

(Source: P.A. 101-223, eff. 1-1-20; 101-651, eff. 8-7-20.)

(720 ILCS 5/30-1) (from Ch. 38, par. 30-1)

Sec. 30-1. Treason.

(a) A person owing allegiance to this State commits

treason when he or she knowingly:

(1) levies war against this State; or

(2) adheres to the enemies of this State, giving them

aid or comfort.

(b) No person may be convicted of treason except on the

testimony of 2 witnesses to the same overt act, or on his

confession in open court.

(c) Sentence. Treason is a Class X felony for which an

offender may be sentenced to death under Section 5-5-3 of the

Unified Code of Corrections.

(Source: P.A. 80-1099.)

Section 25. The Cannabis Control Act is amended by

changing Section 9 as follows:

(720 ILCS 550/9) (from Ch. 56 1/2, par. 709)

Sec. 9. (a) Any person who engages in a calculated

criminal cannabis conspiracy, as defined in subsection (b), is

guilty of a Class 3 felony, and fined not more than $200,000

and shall be subject to the forfeitures prescribed in

subsection (c); except that, if any person engages in such

offense after one or more prior convictions under this

Section, Section 4 (d), Section 5 (d), Section 8 (d) or any law

of the United States or of any State relating to cannabis, or

controlled substances as defined in the Illinois Controlled

Substances Act, in addition to the fine and forfeiture

authorized above, he shall be guilty of a Class 1 felony for

which an offender may not be sentenced to death.

(b) For purposes of this section, a person engages in a

calculated criminal cannabis conspiracy when:

(1) he violates Section 4 (d), 4 (e), 5 (d), 5 (e), 8 (c)

or 8 (d) of this Act; and

(2) such violation is a part of a conspiracy undertaken or

carried on with 2 or more other persons; and

(3) he obtains anything of value greater than $500 from,

or organizes, directs or finances such violation or

conspiracy.

(c) Any person who is convicted under this Section of

engaging in a calculated criminal cannabis conspiracy shall

forfeit to the State of Illinois:

(1) the receipts obtained by him in such conspiracy; and

(2) any of his interests in, claims against, receipts

from, or property or rights of any kind affording a source of

influence over, such conspiracy.

(d) The circuit court may enter such injunctions,

restraining orders, directions, or prohibitions, or take such

other actions, including the acceptance of satisfactory

performance bonds, in connection with any property, claim,

receipt, right or other interest subject to forfeiture under

this Section, as it deems proper.

(Source: P.A. 84-1233.)

Section 30. The Code of Criminal Procedure of 1963 is

amended by changing Sections 104-26, 111-3, 116-4, 121-13,

122-1, 122-2.1, 122-2.2, and 122-4 as follows:

(725 ILCS 5/104-26) (from Ch. 38, par. 104-26)

Sec. 104-26. Disposition of Defendants suffering

disabilities.

(a) A defendant convicted following a trial conducted

under the provisions of Section 104-22 shall not be sentenced

before a written presentence report of investigation is

presented to and considered by the court. The presentence

report shall be prepared pursuant to Sections 5-3-2, 5-3-3 and

5-3-4 of the Unified Code of Corrections, as now or hereafter

amended, and shall include a physical and mental examination

unless the court finds that the reports of prior physical and

mental examinations conducted pursuant to this Article are

adequate and recent enough so that additional examinations

would be unnecessary.

(b) (Blank). A defendant convicted following a trial under

Section 104-22 shall not be subject to the death penalty.

(c) A defendant convicted following a trial under Section

104-22 shall be sentenced according to the procedures and

dispositions authorized under the Unified Code of Corrections,

as now or hereafter amended, subject to the following

provisions:

(1) The court shall not impose a sentence of

imprisonment upon the offender if the court believes that

because of his disability a sentence of imprisonment would

not serve the ends of justice and the interests of society

and the offender or that because of his disability a

sentence of imprisonment would subject the offender to

excessive hardship. In addition to any other conditions of

a sentence of conditional discharge or probation the court

may require that the offender undergo treatment

appropriate to his mental or physical condition.

(2) After imposing a sentence of imprisonment upon an

offender who has a mental disability, the court may remand

him to the custody of the Department of Human Services and

order a hearing to be conducted pursuant to the provisions

of the Mental Health and Developmental Disabilities Code,

as now or hereafter amended. If the offender is committed

following such hearing, he shall be treated in the same

manner as any other civilly committed patient for all

purposes except as provided in this Section. If the

defendant is not committed pursuant to such hearing, he

shall be remanded to the sentencing court for disposition

according to the sentence imposed.

(3) If the court imposes a sentence of imprisonment

upon an offender who has a mental disability but does not

proceed under subparagraph (2) of paragraph (c) of this

Section, it shall order the Department of Corrections to

proceed pursuant to Section 3-8-5 of the Unified Code of

Corrections, as now or hereafter amended.

(3.5) If the court imposes a sentence of imprisonment

upon an offender who has a mental disability, the court

shall direct the circuit court clerk to immediately notify

the Illinois State Police, Firearm Owner's Identification

(FOID) Office, in a form and manner prescribed by the

Illinois State Police and shall forward a copy of the

court order to the Department.

(4) If the court imposes a sentence of imprisonment

upon an offender who has a physical disability, it may

authorize the Department of Corrections to place the

offender in a public or private facility which is able to

provide care or treatment for the offender's disability

and which agrees to do so.

(5) When an offender is placed with the Department of

Human Services or another facility pursuant to

subparagraph (2) or (4) of this paragraph (c), the

Department or private facility shall not discharge or

allow the offender to be at large in the community without

prior approval of the court. If the defendant is placed in

the custody of the Department of Human Services, the

defendant shall be placed in a secure setting unless the

court determines that there are compelling reasons why

such placement is not necessary. The offender shall accrue

good time and shall be eligible for parole in the same

manner as if he were serving his sentence within the

Department of Corrections. When the offender no longer

requires hospitalization, care, or treatment, the

Department of Human Services or the facility shall

transfer him, if his sentence has not expired, to the

Department of Corrections. If an offender is transferred

to the Department of Corrections, the Department of Human

Services shall transfer to the Department of Corrections

all related records pertaining to length of custody and

treatment services provided during the time the offender

was held.

(6) The Department of Corrections shall notify the

Department of Human Services or a facility in which an

offender has been placed pursuant to subparagraph (2) or

(4) of paragraph (c) of this Section of the expiration of

his sentence. Thereafter, an offender in the Department of

Human Services shall continue to be treated pursuant to

his commitment order and shall be considered a civilly

committed patient for all purposes including discharge. An

offender who is in a facility pursuant to subparagraph (4)

of paragraph (c) of this Section shall be informed by the

facility of the expiration of his sentence, and shall

either consent to the continuation of his care or

treatment by the facility or shall be discharged.

(Source: P.A. 102-538, eff. 8-20-21.)

(725 ILCS 5/111-3) (from Ch. 38, par. 111-3)

Sec. 111-3. Form of charge.

(a) A charge shall be in writing and allege the commission

of an offense by:

(1) Stating the name of the offense;

(2) Citing the statutory provision alleged to have

been violated;

(3) Setting forth the nature and elements of the

offense charged;

(4) Stating the date and county of the offense as

definitely as can be done; and

(5) Stating the name of the accused, if known, and if

not known, designate the accused by any name or

description by which he can be identified with reasonable

certainty.

(a-5) If the victim is alleged to have been subjected to an

offense involving an illegal sexual act including, but not

limited to, a sexual offense defined in Article 11 or Section

10-9 of the Criminal Code of 2012, the charge shall state the

identity of the victim by name, initials, or description.

(b) An indictment shall be signed by the foreman of the

Grand Jury and an information shall be signed by the State's

Attorney and sworn to by him or another. A complaint shall be

sworn to and signed by the complainant; provided, that when a

peace officer observes the commission of a misdemeanor and is

the complaining witness, the signing of the complaint by the

peace officer is sufficient to charge the defendant with the

commission of the offense, and the complaint need not be sworn

to if the officer signing the complaint certifies that the

statements set forth in the complaint are true and correct and

are subject to the penalties provided by law for false

certification under Section 1-109 of the Code of Civil

Procedure and perjury under Section 32-2 of the Criminal Code

of 2012; and further provided, however, that when a citation

is issued on a Uniform Traffic Ticket or Uniform Conservation

Ticket (in a form prescribed by the Conference of Chief

Circuit Judges and filed with the Supreme Court), the copy of

such Uniform Ticket which is filed with the circuit court

constitutes a complaint to which the defendant may plead,

unless he specifically requests that a verified complaint be

filed.

(c) When the State seeks an enhanced sentence because of a

prior conviction, the charge shall also state the intention to

seek an enhanced sentence and shall state such prior

conviction so as to give notice to the defendant. However, the

fact of such prior conviction and the State's intention to

seek an enhanced sentence are not elements of the offense and

may not be disclosed to the jury during trial unless otherwise

permitted by issues properly raised during such trial. For the

purposes of this Section, "enhanced sentence" means a sentence

which is increased by a prior conviction from one

classification of offense to another higher level

classification of offense set forth in Section 5-4.5-10 of the

Unified Code of Corrections (730 ILCS 5/5-4.5-10); it does not

include an increase in the sentence applied within the same

level of classification of offense.

(c-5) Notwithstanding any other provision of law, in all

cases in which the imposition of the death penalty is not a

possibility, if an alleged fact (other than the fact of a prior

conviction) is not an element of an offense but is sought to be

used to increase the range of penalties for the offense beyond

the statutory maximum that could otherwise be imposed for the

offense, the alleged fact must be included in the charging

instrument or otherwise provided to the defendant through a

written notification before trial, submitted to a trier of

fact as an aggravating factor, and proved beyond a reasonable

doubt. Failure to prove the fact beyond a reasonable doubt is

not a bar to a conviction for commission of the offense, but is

a bar to increasing, based on that fact, the range of penalties

for the offense beyond the statutory maximum that could

otherwise be imposed for that offense. Nothing in this

subsection (c-5) requires the imposition of a sentence that

increases the range of penalties for the offense beyond the

statutory maximum that could otherwise be imposed for the

offense if the imposition of that sentence is not required by

law.

(d) At any time prior to trial, the State on motion shall

be permitted to amend the charge, whether brought by

indictment, information or complaint, to make the charge

comply with subsection (c) or (c-5) of this Section. Nothing

in Section 103-5 of this Code precludes such an amendment or a

written notification made in accordance with subsection (c-5)

of this Section.

(e) The provisions of subsection (a) of Section 5-4.5-95

of the Unified Code of Corrections (730 ILCS 5/5-4.5-95) shall

not be affected by this Section.

(Source: P.A. 97-1150, eff. 1-25-13; 98-416, eff. 1-1-14.)

(725 ILCS 5/116-4)

Sec. 116-4. Preservation of evidence for forensic testing.

(a) Before or after the trial in a prosecution for a

violation of Section 11-1.20, 11-1.30, 11-1.40, 11-1.50,

11-1.60, 12-13, 12-14, 12-14.1, 12-15, or 12-16 of the

Criminal Code of 1961 or the Criminal Code of 2012 or in a

prosecution for an offense defined in Article 9 of that Code,

or in a prosecution for an attempt in violation of Section 8-4

of that Code of any of the above-enumerated offenses, unless

otherwise provided herein under subsection (b) or (c), a law

enforcement agency or an agent acting on behalf of the law

enforcement agency shall preserve, subject to a continuous

chain of custody, any physical evidence in their possession or

control that is reasonably likely to contain forensic

evidence, including, but not limited to, fingerprints or

biological material secured in relation to a trial and with

sufficient documentation to locate that evidence.

(b) After a judgment of conviction is entered, the

evidence shall either be impounded with the Clerk of the

Circuit Court or shall be securely retained by a law

enforcement agency. Retention shall be permanent in cases

where a sentence of death is imposed. Retention shall be until

the completion of the sentence, including the period of

mandatory supervised release for the offense, or January 1,

2006, whichever is later, for any conviction for an offense or

an attempt of an offense defined in Article 9 of the Criminal

Code of 1961 or the Criminal Code of 2012 or in Section

11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-13, 12-14,

12-14.1, 12-15, or 12-16 of the Criminal Code of 1961 or the

Criminal Code of 2012 or for 7 years following any conviction

for any other felony for which the defendant's genetic profile

may be taken by a law enforcement agency and submitted for

comparison in a forensic DNA database for unsolved offenses.

(c) After a judgment of conviction is entered, the law

enforcement agency required to retain evidence described in

subsection (a) may petition the court with notice to the

defendant or, in cases where the defendant has died, his

estate, his attorney of record, or an attorney appointed for

that purpose by the court for entry of an order allowing it to

dispose of evidence if, after a hearing, the court determines

by a preponderance of the evidence that:

(1) it has no significant value for forensic science

analysis and should be returned to its rightful owner,

destroyed, used for training purposes, or as otherwise

provided by law; or

(2) it has no significant value for forensic science

analysis and is of a size, bulk, or physical character not

usually retained by the law enforcement agency and cannot

practicably be retained by the law enforcement agency; or

(3) there no longer exists a reasonable basis to

require the preservation of the evidence because of the

death of the defendant; however, this paragraph (3) does

not apply if a sentence of death was imposed.

(d) The court may order the disposition of the evidence if

the defendant is allowed the opportunity to take reasonable

measures to remove or preserve portions of the evidence in

question for future testing.

(d-5) Any order allowing the disposition of evidence

pursuant to subsection (c) or (d) shall be a final and

appealable order. No evidence shall be disposed of until 30

days after the order is entered, and if a notice of appeal is

filed, no evidence shall be disposed of until the mandate has

been received by the circuit court from the appellate court.

(d-10) All records documenting the possession, control,

storage, and destruction of evidence and all police reports,

evidence control or inventory records, and other reports cited

in this Section, including computer records, must be retained

for as long as the evidence exists and may not be disposed of

without the approval of the Local Records Commission.

(e) In this Section, "law enforcement agency" includes any

of the following or an agent acting on behalf of any of the

following: a municipal police department, county sheriff's

office, any prosecuting authority, the Illinois State Police,

or any other State, university, county, federal, or municipal

police unit or police force.

"Biological material" includes, but is not limited to, any

blood, hair, saliva, or semen from which genetic marker

groupings may be obtained.

(Source: P.A. 102-538, eff. 8-20-21.)

(725 ILCS 5/121-13) (from Ch. 38, par. 121-13)

Sec. 121-13. Pauper Appeals.

(a) In any case wherein the defendant was convicted of a

felony, if the court determines that the defendant desires

counsel on appeal but is indigent the Public Defender or the

State Appellate Defender shall be appointed as counsel, unless

with the consent of the defendant and for good cause shown, the

court may appoint counsel other than the Public Defender or

the State Appellate Defender.

(b) In any case wherein the defendant was convicted of a

felony and a sentence of death was not imposed in the trial

court the reviewing court, upon petition of the defendant's

counsel made not more frequently than every 60 days after

appointment, shall determine a reasonable amount to be allowed

an indigent defendant's counsel other than the Public Defender

or the State Appellate Defender for compensation and

reimbursement of expenditures necessarily incurred in the

prosecution of the appeal or review proceedings. The

compensation shall not exceed $1500 in each case, except that,

in extraordinary circumstances, payment in excess of the

limits herein stated may be made if the reviewing court

certifies that the payment is necessary to provide fair

compensation for protracted representation. The reviewing

court shall enter an order directing the county treasurer of

the county where the case was tried to pay the amount allowed

by the court. The reviewing court may order the provisional

payment of sums during the pendency of the cause.

(c) (blank). In any case in which a sentence of death was

imposed in the trial court, the Supreme Court, upon written

petition of the defendant's counsel made not more than every

60 days after appointment, shall determine reasonable

compensation for an indigent defendant's attorneys on appeal.

The compensation shall not exceed $2,000 in each case, except

that, in extraordinary circumstances, payment in excess of the

limits herein stated may be made if the reviewing court

certifies that the payment is necessary to provide fair

compensation for protracted representation. The Supreme Court

shall enter an order directing the county treasurer of the

county where the case was tried to pay compensation and

reimburse expenditures necessarily incurred in the prosecution

of the appeal or review proceedings. The Supreme Court may

order the provisional payment of sums during the pendency of

the cause.

(Source: P.A. 86-318; 87-580.)

(725 ILCS 5/122-1) (from Ch. 38, par. 122-1)

Sec. 122-1. Petition in the trial court.

(a) Any person imprisoned in the penitentiary may

institute a proceeding under this Article if the person

asserts that:

(1) in the proceedings which resulted in his or her

conviction there was a substantial denial of his or her

rights under the Constitution of the United States or of

the State of Illinois or both;

(2) (blank) the death penalty was imposed and there is

newly discovered evidence not available to the person at

the time of the proceeding that resulted in his or her

conviction that establishes a substantial basis to believe

that the defendant is actually innocent by clear and

convincing evidence; or

(3) (blank).

(a-5) A proceeding under paragraph (2) of subsection (a)

may be commenced within a reasonable period of time after the

person's conviction notwithstanding any other provisions of

this Article. In such a proceeding regarding actual innocence,

if the court determines the petition is frivolous or is

patently without merit, it shall dismiss the petition in a

written order, specifying the findings of fact and conclusions

of law it made in reaching its decision. Such order of

dismissal is a final judgment and shall be served upon the

petitioner by certified mail within 10 days of its entry.

(b) The proceeding shall be commenced by filing with the

clerk of the court in which the conviction took place a

petition (together with a copy thereof) verified by affidavit.

Petitioner shall also serve another copy upon the State's

Attorney by any of the methods provided in Rule 7 of the

Supreme Court. The clerk shall docket the petition for

consideration by the court pursuant to Section 122-2.1 upon

his or her receipt thereof and bring the same promptly to the

attention of the court.

(c) Except as otherwise provided in subsection (a-5), if

the petitioner is under sentence of death and a petition for

writ of certiorari is filed, no proceedings under this Article

shall be commenced more than 6 months after the conclusion of

proceedings in the United States Supreme Court, unless the

petitioner alleges facts showing that the delay was not due to

his or her culpable negligence. If a petition for certiorari

is not filed, no proceedings under this Article shall be

commenced more than 6 months from the date for filing a

certiorari petition, unless the petitioner alleges facts

showing that the delay was not due to his or her culpable

negligence.

No When a defendant has a sentence other than death, no

proceedings under this Article shall be commenced more than 6

months after the conclusion of proceedings in the United

States Supreme Court, unless the petitioner alleges facts

showing that the delay was not due to his or her culpable

negligence. If a petition for certiorari is not filed, no

proceedings under this Article shall be commenced more than 6

months from the date for filing a certiorari petition, unless

the petitioner alleges facts showing that the delay was not

due to his or her culpable negligence. If a defendant does not

file a direct appeal, the post-conviction petition shall be

filed no later than 3 years from the date of conviction, unless

the petitioner alleges facts showing that the delay was not

due to his or her culpable negligence.

This limitation does not apply to a petition advancing a

claim of actual innocence.

(d) A person seeking relief by filing a petition under

this Section must specify in the petition or its heading that

it is filed under this Section. A trial court that has received

a petition complaining of a conviction or sentence that fails

to specify in the petition or its heading that it is filed

under this Section need not evaluate the petition to determine

whether it could otherwise have stated some grounds for relief

under this Article.

(e) (Blank). A proceeding under this Article may not be

commenced on behalf of a defendant who has been sentenced to

death without the written consent of the defendant, unless the

defendant, because of a mental or physical condition, is

incapable of asserting his or her own claim.

(f) Only one petition may be filed by a petitioner under

this Article without leave of the court. Leave of court may be

granted only if a petitioner demonstrates cause for his or her

failure to bring the claim in his or her initial

post-conviction proceedings and prejudice results from that

failure. For purposes of this subsection (f): (1) a prisoner

shows cause by identifying an objective factor that impeded

his or her ability to raise a specific claim during his or her

initial post-conviction proceedings; and (2) a prisoner shows

prejudice by demonstrating that the claim not raised during

his or her initial post-conviction proceedings so infected the

trial that the resulting conviction or sentence violated due

process.

(Source: P.A. 101-411, eff. 8-16-19; 102-639, eff. 8-27-21.)

(725 ILCS 5/122-2.1) (from Ch. 38, par. 122-2.1)

Sec. 122-2.1. (a) Within 90 days after the filing and

docketing of each petition, the court shall examine such

petition and enter an order thereon pursuant to this Section.

(1) (Blank). If the petitioner is under sentence of

death and is without counsel and alleges that he is

without means to procure counsel, he shall state whether

or not he wishes counsel to be appointed to represent him.

If appointment of counsel is so requested, the court shall

appoint counsel if satisfied that the petitioner has no

means to procure counsel.

(2) If the petitioner is sentenced to imprisonment and

the court determines the petition is frivolous or is

patently without merit, it shall dismiss the petition in a

written order, specifying the findings of fact and

conclusions of law it made in reaching its decision. Such

order of dismissal is a final judgment and shall be served

upon the petitioner by certified mail within 10 days of

its entry.

(b) If the petition is not dismissed pursuant to this

Section, the court shall order the petition to be docketed for

further consideration in accordance with Sections 122-4

through 122-6. If the petitioner is under sentence of death,

the court shall order the petition to be docketed for further

consideration and hearing within one year of the filing of the

petition. Continuances may be granted as the court deems

appropriate.

(c) In considering a petition pursuant to this Section,

the court may examine the court file of the proceeding in which

the petitioner was convicted, any action taken by an appellate

court in such proceeding and any transcripts of such

proceeding.

(Source: P.A. 93-605, eff. 11-19-03.)

(725 ILCS 5/122-2.2)

Sec. 122-2.2. Intellectual disability and post-conviction

relief.

(a) (Blank). In cases where no determination of an

intellectual disability was made and a defendant has been

convicted of first-degree murder, sentenced to death, and is

in custody pending execution of the sentence of death, the

following procedures shall apply:

(1) Notwithstanding any other provision of law or rule

of court, a defendant may seek relief from the death

sentence through a petition for post-conviction relief

under this Article alleging that the defendant was a

person with an intellectual disability as defined in

Section 114-15 at the time the offense was alleged to have

been committed.

(2) The petition must be filed within 180 days of the

effective date of this amendatory Act of the 93rd General

Assembly or within 180 days of the issuance of the mandate

by the Illinois Supreme Court setting the date of

execution, whichever is later.

(b) All other provisions of this Article governing

petitions for post-conviction relief shall apply to a petition

for post-conviction relief alleging an intellectual

disability.

(Source: P.A. 99-78, eff. 7-20-15; 99-143, eff. 7-27-15.)

(725 ILCS 5/122-4) (from Ch. 38, par. 122-4)

Sec. 122-4. Pauper Petitions. If the petition is not

dismissed pursuant to Section 122-2.1, and alleges that the

petitioner is unable to pay the costs of the proceeding, the

court may order that the petitioner be permitted to proceed as

a poor person and order a transcript of the proceedings

delivered to petitioner in accordance with Rule of the Supreme

Court. If the petitioner is without counsel and alleges that

he is without means to procure counsel, he shall state whether

or not he wishes counsel to be appointed to represent him. If

appointment of counsel is so requested, and the petition is

not dismissed pursuant to Section 122-2.1, the court shall

appoint counsel if satisfied that the petitioner has no means

to procure counsel. A petitioner who is a prisoner in an

Illinois Department of Corrections facility who files a

pleading, motion, or other filing that purports to be a legal

document seeking post-conviction relief under this Article

against the State, the Illinois Department of Corrections, the

Prisoner Review Board, or any of their officers or employees

in which the court makes a specific finding that the pleading,

motion, or other filing that purports to be a legal document is

frivolous shall not proceed as a poor person and shall be

liable for the full payment of filing fees and actual court

costs as provided in Article XXII of the Code of Civil

Procedure.

A Circuit Court or the Illinois Supreme Court may appoint

the State Appellate Defender to provide post-conviction

representation in a case in which the defendant is sentenced

to death. Any attorney assigned by the Office of the State

Appellate Defender to provide post-conviction representation

for indigent defendants in cases in which a sentence of death

was imposed in the trial court may, from time to time submit

bills and time sheets to the Office of the State Appellate

Defender for payment of services rendered and the Office of

the State Appellate Defender shall pay bills from funds

appropriated for this purpose in accordance with rules

promulgated by the State Appellate Defender.

The court, at the conclusion of the proceedings upon

receipt of a petition by the appointed counsel, shall

determine a reasonable amount to be allowed an indigent

defendant's counsel other than the Public Defender or the

State Appellate Defender for compensation and reimbursement of

expenditures necessarily incurred in the proceedings. The

compensation shall not exceed $500 in each case, except that,

in extraordinary circumstances, payment in excess of the

limits herein stated may be made if the trial court certifies

that the payment is necessary to provide fair compensation for

protracted representation, and the amount is approved by the

chief judge of the circuit. The court shall enter an order

directing the county treasurer of the county where the case

was tried to pay the amount thereby allowed by the court. The

court may order the provisional payment of sums during the

pendency of the cause.

(Source: P.A. 90-505, eff. 8-19-97.)

(725 ILCS 5/114-15 rep.)

(725 ILCS 5/119-5 rep.)

Section 35. The Code of Criminal Procedure of 1963 is

amended by repealing Sections 114-15 and 119-5.

Section 40. The State Appellate Defender Act is amended by

changing Section 10.5 as follows:

(725 ILCS 105/10.5)

Sec. 10.5. Competitive bidding for appellate services.

(a) The State Appellate Defender may, to the extent

necessary to dispose of its backlog of indigent criminal

appeals, institute a competitive bidding program under which

contracts for the services of attorneys in non-death penalty

criminal appeals are awarded to the lowest responsible bidder.

(b) The State Appellate Defender, before letting out bids

for contracts for the services of attorneys to represent

indigent defendants on appeal in criminal cases, shall

advertise the letting of the bids in a publication or

publications of the Illinois State Bar Association, the

Chicago Daily Law Bulletin, and the Chicago Lawyer. The State

Appellate Defender shall also advertise the letting of the

bids in newspapers of general circulation in major

municipalities to be determined by the State Appellate

Defender. The State Appellate Defender shall mail notices of

the letting of the bids to county and local bar associations.

(c) Bids may be let in packages of one to 5, appeals.

Additional cases may be assigned, in the discretion of the

State Appellate Defender, after a successful bidder completes

work on existing packages.

(d) A bid for services of an attorney under this Section

shall be let only to an attorney licensed to practice law in

Illinois who has prior criminal appellate experience or to an

attorney who is a member or employee of a law firm which has at

least one member with that experience. Prospective bidders

must furnish legal writing samples that are deemed acceptable

to the State Appellate Defender.

(e) An attorney who is awarded a contract under this

Section shall communicate with each of his or her clients and

shall file each initial brief before the due date established

by Supreme Court Rule or by the Appellate Court. The State

Appellate Defender may rescind the contract for attorney

services and may require the return of the record on appeal if

the contracted attorney fails to make satisfactory progress,

in the opinion of the State Appellate Defender, toward filing

a brief.

(f) Gross compensation for completing of a case shall be

$40 per hour but shall not exceed $2,000 per case. The contract

shall specify the manner of payment.

(g) (Blank).

(h) (Blank).

(Source: P.A. 89-689, eff. 12-31-96; 90-505, eff. 8-19-97.)

Section 45. The Uniform Rendition of Prisoners as

Witnesses in Criminal Proceedings Act is amended by changing

Section 5 as follows:

(725 ILCS 235/5) (from Ch. 38, par. 157-5)

Sec. 5. Exceptions.

This act does not apply to any person in this State

confined as mentally ill or , in need of mental treatment, or

under sentence of death.

(Source: Laws 1963, p. 2171.)

Section 50. The Unified Code of Corrections is amended by

changing Sections 3-3-13, 3-6-3, 3-8-10, 5-1-9, 5-4-1, 5-4-3,

5-4.5-20, 5-5-3, and 5-8-1 as follows:

(730 ILCS 5/3-3-13) (from Ch. 38, par. 1003-3-13)

Sec. 3-3-13. Procedure for executive clemency.

(a) Petitions seeking pardon, commutation, or reprieve

shall be addressed to the Governor and filed with the Prisoner

Review Board. The petition shall be in writing and signed by

the person under conviction or by a person on his behalf. It

shall contain a brief history of the case, the reasons for

seeking executive clemency, and other relevant information the

Board may require.

(a-5) After a petition has been denied by the Governor,

the Board may not accept a repeat petition for executive

clemency for the same person until one full year has elapsed

from the date of the denial. The Chairman of the Board may

waive the one-year requirement if the petitioner offers in

writing new information that was unavailable to the petitioner

at the time of the filing of the prior petition and which the

Chairman determines to be significant. The Chairman also may

waive the one-year waiting period if the petitioner can show

that a change in circumstances of a compelling humanitarian

nature has arisen since the denial of the prior petition.

(b) Notice of the proposed application shall be given by

the Board to the committing court and the state's attorney of

the county where the conviction was had.

(b-5) Victims registered with the Board shall receive

reasonable written notice not less than 30 days prior to the

executive clemency hearing date. The victim has the right to

submit a victim statement to the Prisoner Review Board for

consideration at an executive clemency hearing as provided in

subsection (c) of this Section. Victim statements provided to

the Board shall be confidential and privileged, including any

statements received prior to the effective date of this

amendatory Act of the 101st General Assembly, except if the

statement was an oral statement made by the victim at a hearing

open to the public.

(c) The Board shall, upon due notice, give a hearing to

each application, allowing representation by counsel, if

desired, after which it shall confidentially advise the

Governor by a written report of its recommendations which

shall be determined by majority vote. The written report to

the Governor shall be confidential and privileged, including

any reports made prior to the effective date of this

amendatory Act of the 101st General Assembly. The Board shall

meet to consider such petitions no less than 4 times each year.

Application for executive clemency under this Section may

not be commenced on behalf of a person who has been sentenced

to death without the written consent of the defendant, unless

the defendant, because of a mental or physical condition, is

incapable of asserting his or her own claim.

(d) The Governor shall decide each application and

communicate his decision to the Board which shall notify the

petitioner.

In the event a petitioner who has been convicted of a Class

X felony is granted a release, after the Governor has

communicated such decision to the Board, the Board shall give

written notice to the Sheriff of the county from which the

offender was sentenced if such sheriff has requested that such

notice be given on a continuing basis. In cases where arrest of

the offender or the commission of the offense took place in any

municipality with a population of more than 10,000 persons,

the Board shall also give written notice to the proper law

enforcement agency for said municipality which has requested

notice on a continuing basis.

(e) Nothing in this Section shall be construed to limit

the power of the Governor under the constitution to grant a

reprieve, commutation of sentence, or pardon.

(Source: P.A. 101-288, eff. 1-1-20.)

(730 ILCS 5/3-6-3) (from Ch. 38, par. 1003-6-3)

Sec. 3-6-3. Rules and regulations for sentence credit.

(a)(1) The Department of Corrections shall prescribe rules

and regulations for awarding and revoking sentence credit for

persons committed to the Department of Corrections and the

Department of Juvenile Justice shall prescribe rules and

regulations for awarding and revoking sentence credit for

persons committed to the Department of Juvenile Justice under

Section 5-8-6 of the Unified Code of Corrections, which shall

be subject to review by the Prisoner Review Board.

(1.5) As otherwise provided by law, sentence credit may be

awarded for the following:

(A) successful completion of programming while in

custody of the Department of Corrections or the Department

of Juvenile Justice or while in custody prior to

sentencing;

(B) compliance with the rules and regulations of the

Department; or

(C) service to the institution, service to a

community, or service to the State.

(2) Except as provided in paragraph (4.7) of this

subsection (a), the rules and regulations on sentence credit

shall provide, with respect to offenses listed in clause (i),

(ii), or (iii) of this paragraph (2) committed on or after June

19, 1998 or with respect to the offense listed in clause (iv)

of this paragraph (2) committed on or after June 23, 2005 (the

effective date of Public Act 94-71) or with respect to offense

listed in clause (vi) committed on or after June 1, 2008 (the

effective date of Public Act 95-625) or with respect to the

offense of being an armed habitual criminal committed on or

after August 2, 2005 (the effective date of Public Act 94-398)

or with respect to the offenses listed in clause (v) of this

paragraph (2) committed on or after August 13, 2007 (the

effective date of Public Act 95-134) or with respect to the

offense of aggravated domestic battery committed on or after

July 23, 2010 (the effective date of Public Act 96-1224) or

with respect to the offense of attempt to commit terrorism

committed on or after January 1, 2013 (the effective date of

Public Act 97-990), the following:

(i) that a prisoner who is serving a term of

imprisonment for first degree murder or for the offense of

terrorism shall receive no sentence credit and shall serve

the entire sentence imposed by the court;

(ii) that a prisoner serving a sentence for attempt to

commit terrorism, attempt to commit first degree murder,

solicitation of murder, solicitation of murder for hire,

intentional homicide of an unborn child, predatory

criminal sexual assault of a child, aggravated criminal

sexual assault, criminal sexual assault, aggravated

kidnapping, aggravated battery with a firearm as described

in Section 12-4.2 or subdivision (e)(1), (e)(2), (e)(3),

or (e)(4) of Section 12-3.05, heinous battery as described

in Section 12-4.1 or subdivision (a)(2) of Section

12-3.05, being an armed habitual criminal, aggravated

battery of a senior citizen as described in Section 12-4.6

or subdivision (a)(4) of Section 12-3.05, or aggravated

battery of a child as described in Section 12-4.3 or

subdivision (b)(1) of Section 12-3.05 shall receive no

more than 4.5 days of sentence credit for each month of his

or her sentence of imprisonment;

(iii) that a prisoner serving a sentence for home

invasion, armed robbery, aggravated vehicular hijacking,

aggravated discharge of a firearm, or armed violence with

a category I weapon or category II weapon, when the court

has made and entered a finding, pursuant to subsection

(c-1) of Section 5-4-1 of this Code, that the conduct

leading to conviction for the enumerated offense resulted

in great bodily harm to a victim, shall receive no more

than 4.5 days of sentence credit for each month of his or

her sentence of imprisonment;

(iv) that a prisoner serving a sentence for aggravated

discharge of a firearm, whether or not the conduct leading

to conviction for the offense resulted in great bodily

harm to the victim, shall receive no more than 4.5 days of

sentence credit for each month of his or her sentence of

imprisonment;

(v) that a person serving a sentence for gunrunning,

narcotics racketeering, controlled substance trafficking,

methamphetamine trafficking, drug-induced homicide,

aggravated methamphetamine-related child endangerment,

money laundering pursuant to clause (c) (4) or (5) of

Section 29B-1 of the Criminal Code of 1961 or the Criminal

Code of 2012, or a Class X felony conviction for delivery

of a controlled substance, possession of a controlled

substance with intent to manufacture or deliver,

calculated criminal drug conspiracy, criminal drug

conspiracy, street gang criminal drug conspiracy,

participation in methamphetamine manufacturing,

aggravated participation in methamphetamine

manufacturing, delivery of methamphetamine, possession

with intent to deliver methamphetamine, aggravated

delivery of methamphetamine, aggravated possession with

intent to deliver methamphetamine, methamphetamine

conspiracy when the substance containing the controlled

substance or methamphetamine is 100 grams or more shall

receive no more than 7.5 days sentence credit for each

month of his or her sentence of imprisonment;

(vi) that a prisoner serving a sentence for a second

or subsequent offense of luring a minor shall receive no

more than 4.5 days of sentence credit for each month of his

or her sentence of imprisonment; and

(vii) that a prisoner serving a sentence for

aggravated domestic battery shall receive no more than 4.5

days of sentence credit for each month of his or her

sentence of imprisonment.

(2.1) For all offenses, other than those enumerated in

subdivision (a)(2)(i), (ii), or (iii) committed on or after

June 19, 1998 or subdivision (a)(2)(iv) committed on or after

June 23, 2005 (the effective date of Public Act 94-71) or

subdivision (a)(2)(v) committed on or after August 13, 2007

(the effective date of Public Act 95-134) or subdivision

(a)(2)(vi) committed on or after June 1, 2008 (the effective

date of Public Act 95-625) or subdivision (a)(2)(vii)

committed on or after July 23, 2010 (the effective date of

Public Act 96-1224), and other than the offense of aggravated

driving under the influence of alcohol, other drug or drugs,

or intoxicating compound or compounds, or any combination

thereof as defined in subparagraph (F) of paragraph (1) of

subsection (d) of Section 11-501 of the Illinois Vehicle Code,

and other than the offense of aggravated driving under the

influence of alcohol, other drug or drugs, or intoxicating

compound or compounds, or any combination thereof as defined

in subparagraph (C) of paragraph (1) of subsection (d) of

Section 11-501 of the Illinois Vehicle Code committed on or

after January 1, 2011 (the effective date of Public Act

96-1230), the rules and regulations shall provide that a

prisoner who is serving a term of imprisonment shall receive

one day of sentence credit for each day of his or her sentence

of imprisonment or recommitment under Section 3-3-9. Each day

of sentence credit shall reduce by one day the prisoner's

period of imprisonment or recommitment under Section 3-3-9.

(2.2) A prisoner serving a term of natural life

imprisonment or a prisoner who has been sentenced to death

shall receive no sentence credit.

(2.3) Except as provided in paragraph (4.7) of this

subsection (a), the rules and regulations on sentence credit

shall provide that a prisoner who is serving a sentence for

aggravated driving under the influence of alcohol, other drug

or drugs, or intoxicating compound or compounds, or any

combination thereof as defined in subparagraph (F) of

paragraph (1) of subsection (d) of Section 11-501 of the

Illinois Vehicle Code, shall receive no more than 4.5 days of

sentence credit for each month of his or her sentence of

imprisonment.

(2.4) Except as provided in paragraph (4.7) of this

subsection (a), the rules and regulations on sentence credit

shall provide with respect to the offenses of aggravated

battery with a machine gun or a firearm equipped with any

device or attachment designed or used for silencing the report

of a firearm or aggravated discharge of a machine gun or a

firearm equipped with any device or attachment designed or

used for silencing the report of a firearm, committed on or

after July 15, 1999 (the effective date of Public Act 91-121),

that a prisoner serving a sentence for any of these offenses

shall receive no more than 4.5 days of sentence credit for each

month of his or her sentence of imprisonment.

(2.5) Except as provided in paragraph (4.7) of this

subsection (a), the rules and regulations on sentence credit

shall provide that a prisoner who is serving a sentence for

aggravated arson committed on or after July 27, 2001 (the

effective date of Public Act 92-176) shall receive no more

than 4.5 days of sentence credit for each month of his or her

sentence of imprisonment.

(2.6) Except as provided in paragraph (4.7) of this

subsection (a), the rules and regulations on sentence credit

shall provide that a prisoner who is serving a sentence for

aggravated driving under the influence of alcohol, other drug

or drugs, or intoxicating compound or compounds or any

combination thereof as defined in subparagraph (C) of

paragraph (1) of subsection (d) of Section 11-501 of the

Illinois Vehicle Code committed on or after January 1, 2011

(the effective date of Public Act 96-1230) shall receive no

more than 4.5 days of sentence credit for each month of his or

her sentence of imprisonment.

(3) In addition to the sentence credits earned under

paragraphs (2.1), (4), (4.1), (4.2), and (4.7) of this

subsection (a), the rules and regulations shall also provide

that the Director of Corrections or the Director of Juvenile

Justice may award up to 180 days of earned sentence credit for

prisoners serving a sentence of incarceration of less than 5

years, and up to 365 days of earned sentence credit for

prisoners serving a sentence of 5 years or longer. The

Director may grant this credit for good conduct in specific

instances as either Director deems proper for eligible persons

in the custody of each Director's respective Department. The

good conduct may include, but is not limited to, compliance

with the rules and regulations of the Department, service to

the Department, service to a community, or service to the

State.

Eligible inmates for an award of earned sentence credit

under this paragraph (3) may be selected to receive the credit

at either Director's or his or her designee's sole discretion.

Eligibility for the additional earned sentence credit under

this paragraph (3) may be based on, but is not limited to,

participation in programming offered by the Department as

appropriate for the prisoner based on the results of any

available risk/needs assessment or other relevant assessments

or evaluations administered by the Department using a

validated instrument, the circumstances of the crime,

demonstrated commitment to rehabilitation by a prisoner with a

history of conviction for a forcible felony enumerated in

Section 2-8 of the Criminal Code of 2012, the inmate's

behavior and improvements in disciplinary history while

incarcerated, and the inmate's commitment to rehabilitation,

including participation in programming offered by the

Department.

The Director of Corrections or the Director of Juvenile

Justice shall not award sentence credit under this paragraph

(3) to an inmate unless the inmate has served a minimum of 60

days of the sentence; except nothing in this paragraph shall

be construed to permit either Director to extend an inmate's

sentence beyond that which was imposed by the court. Prior to

awarding credit under this paragraph (3), each Director shall

make a written determination that the inmate:

(A) is eligible for the earned sentence credit;

(B) has served a minimum of 60 days, or as close to 60

days as the sentence will allow;

(B-1) has received a risk/needs assessment or other

relevant evaluation or assessment administered by the

Department using a validated instrument; and

(C) has met the eligibility criteria established by

rule for earned sentence credit.

The Director of Corrections or the Director of Juvenile

Justice shall determine the form and content of the written

determination required in this subsection.

(3.5) The Department shall provide annual written reports

to the Governor and the General Assembly on the award of earned

sentence credit no later than February 1 of each year. The

Department must publish both reports on its website within 48

hours of transmitting the reports to the Governor and the

General Assembly. The reports must include:

(A) the number of inmates awarded earned sentence

credit;

(B) the average amount of earned sentence credit

awarded;

(C) the holding offenses of inmates awarded earned

sentence credit; and

(D) the number of earned sentence credit revocations.

(4)(A) Except as provided in paragraph (4.7) of this

subsection (a), the rules and regulations shall also provide

that any prisoner who is engaged full-time in substance abuse

programs, correctional industry assignments, educational

programs, work-release programs or activities in accordance

with Article 13 of Chapter III of this Code, behavior

modification programs, life skills courses, or re-entry

planning provided by the Department under this paragraph (4)

and satisfactorily completes the assigned program as

determined by the standards of the Department, shall receive

one day of sentence credit for each day in which that prisoner

is engaged in the activities described in this paragraph. The

rules and regulations shall also provide that sentence credit

may be provided to an inmate who was held in pre-trial

detention prior to his or her current commitment to the

Department of Corrections and successfully completed a

full-time, 60-day or longer substance abuse program,

educational program, behavior modification program, life

skills course, or re-entry planning provided by the county

department of corrections or county jail. Calculation of this

county program credit shall be done at sentencing as provided

in Section 5-4.5-100 of this Code and shall be included in the

sentencing order. The rules and regulations shall also provide

that sentence credit may be provided to an inmate who is in

compliance with programming requirements in an adult

transition center.

(B) The Department shall award sentence credit under this

paragraph (4) accumulated prior to January 1, 2020 (the

effective date of Public Act 101-440) in an amount specified

in subparagraph (C) of this paragraph (4) to an inmate serving

a sentence for an offense committed prior to June 19, 1998, if

the Department determines that the inmate is entitled to this

sentence credit, based upon:

(i) documentation provided by the Department that the

inmate engaged in any full-time substance abuse programs,

correctional industry assignments, educational programs,

behavior modification programs, life skills courses, or

re-entry planning provided by the Department under this

paragraph (4) and satisfactorily completed the assigned

program as determined by the standards of the Department

during the inmate's current term of incarceration; or

(ii) the inmate's own testimony in the form of an

affidavit or documentation, or a third party's

documentation or testimony in the form of an affidavit

that the inmate likely engaged in any full-time substance

abuse programs, correctional industry assignments,

educational programs, behavior modification programs, life

skills courses, or re-entry planning provided by the

Department under paragraph (4) and satisfactorily

completed the assigned program as determined by the

standards of the Department during the inmate's current

term of incarceration.

(C) If the inmate can provide documentation that he or she

is entitled to sentence credit under subparagraph (B) in

excess of 45 days of participation in those programs, the

inmate shall receive 90 days of sentence credit. If the inmate

cannot provide documentation of more than 45 days of

participation in those programs, the inmate shall receive 45

days of sentence credit. In the event of a disagreement

between the Department and the inmate as to the amount of

credit accumulated under subparagraph (B), if the Department

provides documented proof of a lesser amount of days of

participation in those programs, that proof shall control. If

the Department provides no documentary proof, the inmate's

proof as set forth in clause (ii) of subparagraph (B) shall

control as to the amount of sentence credit provided.

(D) If the inmate has been convicted of a sex offense as

defined in Section 2 of the Sex Offender Registration Act,

sentencing credits under subparagraph (B) of this paragraph

(4) shall be awarded by the Department only if the conditions

set forth in paragraph (4.6) of subsection (a) are satisfied.

No inmate serving a term of natural life imprisonment shall

receive sentence credit under subparagraph (B) of this

paragraph (4).

Educational, vocational, substance abuse, behavior

modification programs, life skills courses, re-entry planning,

and correctional industry programs under which sentence credit

may be earned under this paragraph (4) and paragraph (4.1) of

this subsection (a) shall be evaluated by the Department on

the basis of documented standards. The Department shall report

the results of these evaluations to the Governor and the

General Assembly by September 30th of each year. The reports

shall include data relating to the recidivism rate among

program participants.

Availability of these programs shall be subject to the

limits of fiscal resources appropriated by the General

Assembly for these purposes. Eligible inmates who are denied

immediate admission shall be placed on a waiting list under

criteria established by the Department. The rules and

regulations shall provide that a prisoner who has been placed

on a waiting list but is transferred for non-disciplinary

reasons before beginning a program shall receive priority

placement on the waitlist for appropriate programs at the new

facility. The inability of any inmate to become engaged in any

such programs by reason of insufficient program resources or

for any other reason established under the rules and

regulations of the Department shall not be deemed a cause of

action under which the Department or any employee or agent of

the Department shall be liable for damages to the inmate. The

rules and regulations shall provide that a prisoner who begins

an educational, vocational, substance abuse, work-release

programs or activities in accordance with Article 13 of

Chapter III of this Code, behavior modification program, life

skills course, re-entry planning, or correctional industry

programs but is unable to complete the program due to illness,

disability, transfer, lockdown, or another reason outside of

the prisoner's control shall receive prorated sentence credits

for the days in which the prisoner did participate.

(4.1) Except as provided in paragraph (4.7) of this

subsection (a), the rules and regulations shall also provide

that an additional 90 days of sentence credit shall be awarded

to any prisoner who passes high school equivalency testing

while the prisoner is committed to the Department of

Corrections. The sentence credit awarded under this paragraph

(4.1) shall be in addition to, and shall not affect, the award

of sentence credit under any other paragraph of this Section,

but shall also be pursuant to the guidelines and restrictions

set forth in paragraph (4) of subsection (a) of this Section.

The sentence credit provided for in this paragraph shall be

available only to those prisoners who have not previously

earned a high school diploma or a State of Illinois High School

Diploma. If, after an award of the high school equivalency

testing sentence credit has been made, the Department

determines that the prisoner was not eligible, then the award

shall be revoked. The Department may also award 90 days of

sentence credit to any committed person who passed high school

equivalency testing while he or she was held in pre-trial

detention prior to the current commitment to the Department of

Corrections. Except as provided in paragraph (4.7) of this

subsection (a), the rules and regulations shall provide that

an additional 120 days of sentence credit shall be awarded to

any prisoner who obtains an associate degree while the

prisoner is committed to the Department of Corrections,

regardless of the date that the associate degree was obtained,

including if prior to July 1, 2021 (the effective date of

Public Act 101-652). The sentence credit awarded under this

paragraph (4.1) shall be in addition to, and shall not affect,

the award of sentence credit under any other paragraph of this

Section, but shall also be under the guidelines and

restrictions set forth in paragraph (4) of subsection (a) of

this Section. The sentence credit provided for in this

paragraph (4.1) shall be available only to those prisoners who

have not previously earned an associate degree prior to the

current commitment to the Department of Corrections. If, after

an award of the associate degree sentence credit has been made

and the Department determines that the prisoner was not

eligible, then the award shall be revoked. The Department may

also award 120 days of sentence credit to any committed person

who earned an associate degree while he or she was held in

pre-trial detention prior to the current commitment to the

Department of Corrections.

Except as provided in paragraph (4.7) of this subsection

(a), the rules and regulations shall provide that an

additional 180 days of sentence credit shall be awarded to any

prisoner who obtains a bachelor's degree while the prisoner is

committed to the Department of Corrections. The sentence

credit awarded under this paragraph (4.1) shall be in addition

to, and shall not affect, the award of sentence credit under

any other paragraph of this Section, but shall also be under

the guidelines and restrictions set forth in paragraph (4) of

this subsection (a). The sentence credit provided for in this

paragraph shall be available only to those prisoners who have

not earned a bachelor's degree prior to the current commitment

to the Department of Corrections. If, after an award of the

bachelor's degree sentence credit has been made, the

Department determines that the prisoner was not eligible, then

the award shall be revoked. The Department may also award 180

days of sentence credit to any committed person who earned a

bachelor's degree while he or she was held in pre-trial

detention prior to the current commitment to the Department of

Corrections.

Except as provided in paragraph (4.7) of this subsection

(a), the rules and regulations shall provide that an

additional 180 days of sentence credit shall be awarded to any

prisoner who obtains a master's or professional degree while

the prisoner is committed to the Department of Corrections.

The sentence credit awarded under this paragraph (4.1) shall

be in addition to, and shall not affect, the award of sentence

credit under any other paragraph of this Section, but shall

also be under the guidelines and restrictions set forth in

paragraph (4) of this subsection (a). The sentence credit

provided for in this paragraph shall be available only to

those prisoners who have not previously earned a master's or

professional degree prior to the current commitment to the

Department of Corrections. If, after an award of the master's

or professional degree sentence credit has been made, the

Department determines that the prisoner was not eligible, then

the award shall be revoked. The Department may also award 180

days of sentence credit to any committed person who earned a

master's or professional degree while he or she was held in

pre-trial detention prior to the current commitment to the

Department of Corrections.

(4.2) The rules and regulations shall also provide that

any prisoner engaged in self-improvement programs, volunteer

work, or work assignments that are not otherwise eligible

activities under paragraph (4), shall receive up to 0.5 days

of sentence credit for each day in which the prisoner is

engaged in activities described in this paragraph.

(4.5) The rules and regulations on sentence credit shall

also provide that when the court's sentencing order recommends

a prisoner for substance abuse treatment and the crime was

committed on or after September 1, 2003 (the effective date of

Public Act 93-354), the prisoner shall receive no sentence

credit awarded under clause (3) of this subsection (a) unless

he or she participates in and completes a substance abuse

treatment program. The Director of Corrections may waive the

requirement to participate in or complete a substance abuse

treatment program in specific instances if the prisoner is not

a good candidate for a substance abuse treatment program for

medical, programming, or operational reasons. Availability of

substance abuse treatment shall be subject to the limits of

fiscal resources appropriated by the General Assembly for

these purposes. If treatment is not available and the

requirement to participate and complete the treatment has not

been waived by the Director, the prisoner shall be placed on a

waiting list under criteria established by the Department. The

Director may allow a prisoner placed on a waiting list to

participate in and complete a substance abuse education class

or attend substance abuse self-help meetings in lieu of a

substance abuse treatment program. A prisoner on a waiting

list who is not placed in a substance abuse program prior to

release may be eligible for a waiver and receive sentence

credit under clause (3) of this subsection (a) at the

discretion of the Director.

(4.6) The rules and regulations on sentence credit shall

also provide that a prisoner who has been convicted of a sex

offense as defined in Section 2 of the Sex Offender

Registration Act shall receive no sentence credit unless he or

she either has successfully completed or is participating in

sex offender treatment as defined by the Sex Offender

Management Board. However, prisoners who are waiting to

receive treatment, but who are unable to do so due solely to

the lack of resources on the part of the Department, may, at

either Director's sole discretion, be awarded sentence credit

at a rate as the Director shall determine.

(4.7) On or after January 1, 2018 (the effective date of

Public Act 100-3), sentence credit under paragraph (3), (4),

or (4.1) of this subsection (a) may be awarded to a prisoner

who is serving a sentence for an offense described in

paragraph (2), (2.3), (2.4), (2.5), or (2.6) for credit earned

on or after January 1, 2018 (the effective date of Public Act

100-3); provided, the award of the credits under this

paragraph (4.7) shall not reduce the sentence of the prisoner

to less than the following amounts:

(i) 85% of his or her sentence if the prisoner is

required to serve 85% of his or her sentence; or

(ii) 60% of his or her sentence if the prisoner is

required to serve 75% of his or her sentence, except if the

prisoner is serving a sentence for gunrunning his or her

sentence shall not be reduced to less than 75%.

(iii) 100% of his or her sentence if the prisoner is

required to serve 100% of his or her sentence.

(5) Whenever the Department is to release any inmate

earlier than it otherwise would because of a grant of earned

sentence credit under paragraph (3) of subsection (a) of this

Section given at any time during the term, the Department

shall give reasonable notice of the impending release not less

than 14 days prior to the date of the release to the State's

Attorney of the county where the prosecution of the inmate

took place, and if applicable, the State's Attorney of the

county into which the inmate will be released. The Department

must also make identification information and a recent photo

of the inmate being released accessible on the Internet by

means of a hyperlink labeled "Community Notification of Inmate

Early Release" on the Department's World Wide Web homepage.

The identification information shall include the inmate's:

name, any known alias, date of birth, physical

characteristics, commitment offense, and county where

conviction was imposed. The identification information shall

be placed on the website within 3 days of the inmate's release

and the information may not be removed until either:

completion of the first year of mandatory supervised release

or return of the inmate to custody of the Department.

(b) Whenever a person is or has been committed under

several convictions, with separate sentences, the sentences

shall be construed under Section 5-8-4 in granting and

forfeiting of sentence credit.

(c) (1) The Department shall prescribe rules and

regulations for revoking sentence credit, including revoking

sentence credit awarded under paragraph (3) of subsection (a)

of this Section. The Department shall prescribe rules and

regulations establishing and requiring the use of a sanctions

matrix for revoking sentence credit. The Department shall

prescribe rules and regulations for suspending or reducing the

rate of accumulation of sentence credit for specific rule

violations, during imprisonment. These rules and regulations

shall provide that no inmate may be penalized more than one

year of sentence credit for any one infraction.

(2) When the Department seeks to revoke, suspend, or

reduce the rate of accumulation of any sentence credits for an

alleged infraction of its rules, it shall bring charges

therefor against the prisoner sought to be so deprived of

sentence credits before the Prisoner Review Board as provided

in subparagraph (a)(4) of Section 3-3-2 of this Code, if the

amount of credit at issue exceeds 30 days, whether from one

infraction or cumulatively from multiple infractions arising

out of a single event, or when, during any 12-month period, the

cumulative amount of credit revoked exceeds 30 days except

where the infraction is committed or discovered within 60 days

of scheduled release. In those cases, the Department of

Corrections may revoke up to 30 days of sentence credit. The

Board may subsequently approve the revocation of additional

sentence credit, if the Department seeks to revoke sentence

credit in excess of 30 days. However, the Board shall not be

empowered to review the Department's decision with respect to

the loss of 30 days of sentence credit within any calendar year

for any prisoner or to increase any penalty beyond the length

requested by the Department.

(3) The Director of Corrections or the Director of

Juvenile Justice, in appropriate cases, may restore sentence

credits which have been revoked, suspended, or reduced. The

Department shall prescribe rules and regulations governing the

restoration of sentence credits. These rules and regulations

shall provide for the automatic restoration of sentence

credits following a period in which the prisoner maintains a

record without a disciplinary violation.

Nothing contained in this Section shall prohibit the

Prisoner Review Board from ordering, pursuant to Section

3-3-9(a)(3)(i)(B), that a prisoner serve up to one year of the

sentence imposed by the court that was not served due to the

accumulation of sentence credit.

(d) If a lawsuit is filed by a prisoner in an Illinois or

federal court against the State, the Department of

Corrections, or the Prisoner Review Board, or against any of

their officers or employees, and the court makes a specific

finding that a pleading, motion, or other paper filed by the

prisoner is frivolous, the Department of Corrections shall

conduct a hearing to revoke up to 180 days of sentence credit

by bringing charges against the prisoner sought to be deprived

of the sentence credits before the Prisoner Review Board as

provided in subparagraph (a)(8) of Section 3-3-2 of this Code.

If the prisoner has not accumulated 180 days of sentence

credit at the time of the finding, then the Prisoner Review

Board may revoke all sentence credit accumulated by the

prisoner.

For purposes of this subsection (d):

(1) "Frivolous" means that a pleading, motion, or

other filing which purports to be a legal document filed

by a prisoner in his or her lawsuit meets any or all of the

following criteria:

(A) it lacks an arguable basis either in law or in

fact;

(B) it is being presented for any improper

purpose, such as to harass or to cause unnecessary

delay or needless increase in the cost of litigation;

(C) the claims, defenses, and other legal

contentions therein are not warranted by existing law

or by a nonfrivolous argument for the extension,

modification, or reversal of existing law or the

establishment of new law;

(D) the allegations and other factual contentions

do not have evidentiary support or, if specifically so

identified, are not likely to have evidentiary support

after a reasonable opportunity for further

investigation or discovery; or

(E) the denials of factual contentions are not

warranted on the evidence, or if specifically so

identified, are not reasonably based on a lack of

information or belief.

(2) "Lawsuit" means a motion pursuant to Section 116-3

of the Code of Criminal Procedure of 1963, a habeas corpus

action under Article X of the Code of Civil Procedure or

under federal law (28 U.S.C. 2254), a petition for claim

under the Court of Claims Act, an action under the federal

Civil Rights Act (42 U.S.C. 1983), or a second or

subsequent petition for post-conviction relief under

Article 122 of the Code of Criminal Procedure of 1963

whether filed with or without leave of court or a second or

subsequent petition for relief from judgment under Section

2-1401 of the Code of Civil Procedure.

(e) Nothing in Public Act 90-592 or 90-593 affects the

validity of Public Act 89-404.

(f) Whenever the Department is to release any inmate who

has been convicted of a violation of an order of protection

under Section 12-3.4 or 12-30 of the Criminal Code of 1961 or

the Criminal Code of 2012, earlier than it otherwise would

because of a grant of sentence credit, the Department, as a

condition of release, shall require that the person, upon

release, be placed under electronic surveillance as provided

in Section 5-8A-7 of this Code.

(Source: P.A. 101-440, eff. 1-1-20; 101-652, eff. 7-1-21;

102-28, eff. 6-25-21; 102-558, eff. 8-20-21; 102-784, eff.

5-13-22; 102-1100, eff. 1-1-23; revised 12-14-22.)

(730 ILCS 5/3-8-10) (from Ch. 38, par. 1003-8-10)

Sec. 3-8-10. Intrastate Detainers. Subsection Except for

persons sentenced to death, subsection (b), (c) and (e) of

Section 103-5 of the Code of Criminal Procedure of 1963 shall

also apply to persons committed to any institution or facility

or program of the Illinois Department of Corrections who have

untried complaints, charges or indictments pending in any

county of this State, and such person shall include in the

demand under subsection (b), a statement of the place of

present commitment, the term, and length of the remaining

term, the charges pending against him or her to be tried and

the county of the charges, and the demand shall be addressed to

the state's attorney of the county where he or she is charged

with a copy to the clerk of that court and a copy to the chief

administrative officer of the Department of Corrections

institution or facility to which he or she is committed. The

state's attorney shall then procure the presence of the

defendant for trial in his county by habeas corpus. Additional

time may be granted by the court for the process of bringing

and serving an order of habeas corpus ad prosequendum. In the

event that the person is not brought to trial within the

allotted time, then the charge for which he or she has

requested a speedy trial shall be dismissed. The provisions of

this Section do not apply to persons no longer committed to a

facility or program of the Illinois Department of Corrections.

A person serving a period of parole or mandatory supervised

release under the supervision of the Department of

Corrections, for the purpose of this Section, shall not be

deemed to be committed to the Department.

(Source: P.A. 96-642, eff. 8-24-09.)

(730 ILCS 5/5-1-9) (from Ch. 38, par. 1005-1-9)

Sec. 5-1-9. Felony.

"Felony" means an offense for which a sentence to death or

to a term of imprisonment in a penitentiary for one year or

more is provided.

(Source: P.A. 77-2097.)

(730 ILCS 5/5-4-1) (from Ch. 38, par. 1005-4-1)

Sec. 5-4-1. Sentencing hearing.

(a) After Except when the death penalty is sought under

hearing procedures otherwise specified, after a determination

of guilt, a hearing shall be held to impose the sentence.

However, prior to the imposition of sentence on an individual

being sentenced for an offense based upon a charge for a

violation of Section 11-501 of the Illinois Vehicle Code or a

similar provision of a local ordinance, the individual must

undergo a professional evaluation to determine if an alcohol

or other drug abuse problem exists and the extent of such a

problem. Programs conducting these evaluations shall be

licensed by the Department of Human Services. However, if the

individual is not a resident of Illinois, the court may, in its

discretion, accept an evaluation from a program in the state

of such individual's residence. The court shall make a

specific finding about whether the defendant is eligible for

participation in a Department impact incarceration program as

provided in Section 5-8-1.1 or 5-8-1.3, and if not, provide an

explanation as to why a sentence to impact incarceration is

not an appropriate sentence. The court may in its sentencing

order recommend a defendant for placement in a Department of

Corrections substance abuse treatment program as provided in

paragraph (a) of subsection (1) of Section 3-2-2 conditioned

upon the defendant being accepted in a program by the

Department of Corrections. At the hearing the court shall:

(1) consider the evidence, if any, received upon the

trial;

(2) consider any presentence reports;

(3) consider the financial impact of incarceration

based on the financial impact statement filed with the

clerk of the court by the Department of Corrections;

(4) consider evidence and information offered by the

parties in aggravation and mitigation;

(4.5) consider substance abuse treatment, eligibility

screening, and an assessment, if any, of the defendant by

an agent designated by the State of Illinois to provide

assessment services for the Illinois courts;

(5) hear arguments as to sentencing alternatives;

(6) afford the defendant the opportunity to make a

statement in his own behalf;

(7) afford the victim of a violent crime or a

violation of Section 11-501 of the Illinois Vehicle Code,

or a similar provision of a local ordinance, the

opportunity to present an oral or written statement, as

guaranteed by Article I, Section 8.1 of the Illinois

Constitution and provided in Section 6 of the Rights of

Crime Victims and Witnesses Act. The court shall allow a

victim to make an oral statement if the victim is present

in the courtroom and requests to make an oral or written

statement. An oral or written statement includes the

victim or a representative of the victim reading the

written statement. The court may allow persons impacted by

the crime who are not victims under subsection (a) of

Section 3 of the Rights of Crime Victims and Witnesses Act

to present an oral or written statement. A victim and any

person making an oral statement shall not be put under

oath or subject to cross-examination. All statements

offered under this paragraph (7) shall become part of the

record of the court. In this paragraph (7), "victim of a

violent crime" means a person who is a victim of a violent

crime for which the defendant has been convicted after a

bench or jury trial or a person who is the victim of a

violent crime with which the defendant was charged and the

defendant has been convicted under a plea agreement of a

crime that is not a violent crime as defined in subsection

(c) of 3 of the Rights of Crime Victims and Witnesses Act;

(7.5) afford a qualified person affected by: (i) a

violation of Section 405, 405.1, 405.2, or 407 of the

Illinois Controlled Substances Act or a violation of

Section 55 or Section 65 of the Methamphetamine Control

and Community Protection Act; or (ii) a Class 4 felony

violation of Section 11-14, 11-14.3 except as described in

subdivisions (a)(2)(A) and (a)(2)(B), 11-15, 11-17, 11-18,

11-18.1, or 11-19 of the Criminal Code of 1961 or the

Criminal Code of 2012, committed by the defendant the

opportunity to make a statement concerning the impact on

the qualified person and to offer evidence in aggravation

or mitigation; provided that the statement and evidence

offered in aggravation or mitigation shall first be

prepared in writing in conjunction with the State's

Attorney before it may be presented orally at the hearing.

Sworn testimony offered by the qualified person is subject

to the defendant's right to cross-examine. All statements

and evidence offered under this paragraph (7.5) shall

become part of the record of the court. In this paragraph

(7.5), "qualified person" means any person who: (i) lived

or worked within the territorial jurisdiction where the

offense took place when the offense took place; or (ii) is

familiar with various public places within the territorial

jurisdiction where the offense took place when the offense

took place. "Qualified person" includes any peace officer

or any member of any duly organized State, county, or

municipal peace officer unit assigned to the territorial

jurisdiction where the offense took place when the offense

took place;

(8) in cases of reckless homicide afford the victim's

spouse, guardians, parents or other immediate family

members an opportunity to make oral statements;

(9) in cases involving a felony sex offense as defined

under the Sex Offender Management Board Act, consider the

results of the sex offender evaluation conducted pursuant

to Section 5-3-2 of this Act; and

(10) make a finding of whether a motor vehicle was

used in the commission of the offense for which the

defendant is being sentenced.

(b) All sentences shall be imposed by the judge based upon

his independent assessment of the elements specified above and

any agreement as to sentence reached by the parties. The judge

who presided at the trial or the judge who accepted the plea of

guilty shall impose the sentence unless he is no longer

sitting as a judge in that court. Where the judge does not

impose sentence at the same time on all defendants who are

convicted as a result of being involved in the same offense,

the defendant or the State's Attorney may advise the

sentencing court of the disposition of any other defendants

who have been sentenced.

(b-1) In imposing a sentence of imprisonment or periodic

imprisonment for a Class 3 or Class 4 felony for which a

sentence of probation or conditional discharge is an available

sentence, if the defendant has no prior sentence of probation

or conditional discharge and no prior conviction for a violent

crime, the defendant shall not be sentenced to imprisonment

before review and consideration of a presentence report and

determination and explanation of why the particular evidence,

information, factor in aggravation, factual finding, or other

reasons support a sentencing determination that one or more of

the factors under subsection (a) of Section 5-6-1 of this Code

apply and that probation or conditional discharge is not an

appropriate sentence.

(c) In imposing a sentence for a violent crime or for an

offense of operating or being in physical control of a vehicle

while under the influence of alcohol, any other drug or any

combination thereof, or a similar provision of a local

ordinance, when such offense resulted in the personal injury

to someone other than the defendant, the trial judge shall

specify on the record the particular evidence, information,

factors in mitigation and aggravation or other reasons that

led to his sentencing determination. The full verbatim record

of the sentencing hearing shall be filed with the clerk of the

court and shall be a public record.

(c-1) In imposing a sentence for the offense of aggravated

kidnapping for ransom, home invasion, armed robbery,

aggravated vehicular hijacking, aggravated discharge of a

firearm, or armed violence with a category I weapon or

category II weapon, the trial judge shall make a finding as to

whether the conduct leading to conviction for the offense

resulted in great bodily harm to a victim, and shall enter that

finding and the basis for that finding in the record.

(c-1.5) Notwithstanding any other provision of law to the

contrary, in imposing a sentence for an offense that requires

a mandatory minimum sentence of imprisonment, the court may

instead sentence the offender to probation, conditional

discharge, or a lesser term of imprisonment it deems

appropriate if: (1) the offense involves the use or possession

of drugs, retail theft, or driving on a revoked license due to

unpaid financial obligations; (2) the court finds that the

defendant does not pose a risk to public safety; and (3) the

interest of justice requires imposing a term of probation,

conditional discharge, or a lesser term of imprisonment. The

court must state on the record its reasons for imposing

probation, conditional discharge, or a lesser term of

imprisonment.

(c-2) If the defendant is sentenced to prison, other than

when a sentence of natural life imprisonment or a sentence of

death is imposed, at the time the sentence is imposed the judge

shall state on the record in open court the approximate period

of time the defendant will serve in custody according to the

then current statutory rules and regulations for sentence

credit found in Section 3-6-3 and other related provisions of

this Code. This statement is intended solely to inform the

public, has no legal effect on the defendant's actual release,

and may not be relied on by the defendant on appeal.

The judge's statement, to be given after pronouncing the

sentence, other than when the sentence is imposed for one of

the offenses enumerated in paragraph (a)(4) of Section 3-6-3,

shall include the following:

"The purpose of this statement is to inform the public of

the actual period of time this defendant is likely to spend in

prison as a result of this sentence. The actual period of

prison time served is determined by the statutes of Illinois

as applied to this sentence by the Illinois Department of

Corrections and the Illinois Prisoner Review Board. In this

case, assuming the defendant receives all of his or her

sentence credit, the period of estimated actual custody is ...

years and ... months, less up to 180 days additional earned

sentence credit. If the defendant, because of his or her own

misconduct or failure to comply with the institutional

regulations, does not receive those credits, the actual time

served in prison will be longer. The defendant may also

receive an additional one-half day sentence credit for each

day of participation in vocational, industry, substance abuse,

and educational programs as provided for by Illinois statute."

When the sentence is imposed for one of the offenses

enumerated in paragraph (a)(2) of Section 3-6-3, other than

first degree murder, and the offense was committed on or after

June 19, 1998, and when the sentence is imposed for reckless

homicide as defined in subsection (e) of Section 9-3 of the

Criminal Code of 1961 or the Criminal Code of 2012 if the

offense was committed on or after January 1, 1999, and when the

sentence is imposed for aggravated driving under the influence

of alcohol, other drug or drugs, or intoxicating compound or

compounds, or any combination thereof as defined in

subparagraph (F) of paragraph (1) of subsection (d) of Section

11-501 of the Illinois Vehicle Code, and when the sentence is

imposed for aggravated arson if the offense was committed on

or after July 27, 2001 (the effective date of Public Act

92-176), and when the sentence is imposed for aggravated

driving under the influence of alcohol, other drug or drugs,

or intoxicating compound or compounds, or any combination

thereof as defined in subparagraph (C) of paragraph (1) of

subsection (d) of Section 11-501 of the Illinois Vehicle Code

committed on or after January 1, 2011 (the effective date of

Public Act 96-1230), the judge's statement, to be given after

pronouncing the sentence, shall include the following:

"The purpose of this statement is to inform the public of

the actual period of time this defendant is likely to spend in

prison as a result of this sentence. The actual period of

prison time served is determined by the statutes of Illinois

as applied to this sentence by the Illinois Department of

Corrections and the Illinois Prisoner Review Board. In this

case, the defendant is entitled to no more than 4 1/2 days of

sentence credit for each month of his or her sentence of

imprisonment. Therefore, this defendant will serve at least

85% of his or her sentence. Assuming the defendant receives 4

1/2 days credit for each month of his or her sentence, the

period of estimated actual custody is ... years and ...

months. If the defendant, because of his or her own misconduct

or failure to comply with the institutional regulations

receives lesser credit, the actual time served in prison will

be longer."

When a sentence of imprisonment is imposed for first

degree murder and the offense was committed on or after June

19, 1998, the judge's statement, to be given after pronouncing

the sentence, shall include the following:

"The purpose of this statement is to inform the public of

the actual period of time this defendant is likely to spend in

prison as a result of this sentence. The actual period of

prison time served is determined by the statutes of Illinois

as applied to this sentence by the Illinois Department of

Corrections and the Illinois Prisoner Review Board. In this

case, the defendant is not entitled to sentence credit.

Therefore, this defendant will serve 100% of his or her

sentence."

When the sentencing order recommends placement in a

substance abuse program for any offense that results in

incarceration in a Department of Corrections facility and the

crime was committed on or after September 1, 2003 (the

effective date of Public Act 93-354), the judge's statement,

in addition to any other judge's statement required under this

Section, to be given after pronouncing the sentence, shall

include the following:

"The purpose of this statement is to inform the public of

the actual period of time this defendant is likely to spend in

prison as a result of this sentence. The actual period of

prison time served is determined by the statutes of Illinois

as applied to this sentence by the Illinois Department of

Corrections and the Illinois Prisoner Review Board. In this

case, the defendant shall receive no earned sentence credit

under clause (3) of subsection (a) of Section 3-6-3 until he or

she participates in and completes a substance abuse treatment

program or receives a waiver from the Director of Corrections

pursuant to clause (4.5) of subsection (a) of Section 3-6-3."

(c-4) Before the sentencing hearing and as part of the

presentence investigation under Section 5-3-1, the court shall

inquire of the defendant whether the defendant is currently

serving in or is a veteran of the Armed Forces of the United

States. If the defendant is currently serving in the Armed

Forces of the United States or is a veteran of the Armed Forces

of the United States and has been diagnosed as having a mental

illness by a qualified psychiatrist or clinical psychologist

or physician, the court may:

(1) order that the officer preparing the presentence

report consult with the United States Department of

Veterans Affairs, Illinois Department of Veterans'

Affairs, or another agency or person with suitable

knowledge or experience for the purpose of providing the

court with information regarding treatment options

available to the defendant, including federal, State, and

local programming; and

(2) consider the treatment recommendations of any

diagnosing or treating mental health professionals

together with the treatment options available to the

defendant in imposing sentence.

For the purposes of this subsection (c-4), "qualified

psychiatrist" means a reputable physician licensed in Illinois

to practice medicine in all its branches, who has specialized

in the diagnosis and treatment of mental and nervous disorders

for a period of not less than 5 years.

(c-6) In imposing a sentence, the trial judge shall

specify, on the record, the particular evidence and other

reasons which led to his or her determination that a motor

vehicle was used in the commission of the offense.

(c-7) In imposing a sentence for a Class 3 or 4 felony,

other than a violent crime as defined in Section 3 of the

Rights of Crime Victims and Witnesses Act, the court shall

determine and indicate in the sentencing order whether the

defendant has 4 or more or fewer than 4 months remaining on his

or her sentence accounting for time served.

(d) When the defendant is committed to the Department of

Corrections, the State's Attorney shall and counsel for the

defendant may file a statement with the clerk of the court to

be transmitted to the department, agency or institution to

which the defendant is committed to furnish such department,

agency or institution with the facts and circumstances of the

offense for which the person was committed together with all

other factual information accessible to them in regard to the

person prior to his commitment relative to his habits,

associates, disposition and reputation and any other facts and

circumstances which may aid such department, agency or

institution during its custody of such person. The clerk shall

within 10 days after receiving any such statements transmit a

copy to such department, agency or institution and a copy to

the other party, provided, however, that this shall not be

cause for delay in conveying the person to the department,

agency or institution to which he has been committed.

(e) The clerk of the court shall transmit to the

department, agency or institution, if any, to which the

defendant is committed, the following:

(1) the sentence imposed;

(2) any statement by the court of the basis for

imposing the sentence;

(3) any presentence reports;

(3.5) any sex offender evaluations;

(3.6) any substance abuse treatment eligibility

screening and assessment of the defendant by an agent

designated by the State of Illinois to provide assessment

services for the Illinois courts;

(4) the number of days, if any, which the defendant

has been in custody and for which he is entitled to credit

against the sentence, which information shall be provided

to the clerk by the sheriff;

(4.1) any finding of great bodily harm made by the

court with respect to an offense enumerated in subsection

(c-1);

(5) all statements filed under subsection (d) of this

Section;

(6) any medical or mental health records or summaries

of the defendant;

(7) the municipality where the arrest of the offender

or the commission of the offense has occurred, where such

municipality has a population of more than 25,000 persons;

(8) all statements made and evidence offered under

paragraph (7) of subsection (a) of this Section; and

(9) all additional matters which the court directs the

clerk to transmit.

(f) In cases in which the court finds that a motor vehicle

was used in the commission of the offense for which the

defendant is being sentenced, the clerk of the court shall,

within 5 days thereafter, forward a report of such conviction

to the Secretary of State.

(Source: P.A. 101-81, eff. 7-12-19; 101-105, eff. 1-1-20;

101-652, Article 10, Section 10-281, eff. 7-1-21; 101-652,

Article 20, Section 20-5, eff. 7-1-21; 102-813, eff. 5-13-22.)

(730 ILCS 5/5-4-3) (from Ch. 38, par. 1005-4-3)

Sec. 5-4-3. Specimens; genetic marker groups.

(a) Any person convicted of, found guilty under the

Juvenile Court Act of 1987 for, or who received a disposition

of court supervision for, a qualifying offense or attempt of a

qualifying offense, convicted or found guilty of any offense

classified as a felony under Illinois law, convicted or found

guilty of any offense requiring registration under the Sex

Offender Registration Act, found guilty or given supervision

for any offense classified as a felony under the Juvenile

Court Act of 1987, convicted or found guilty of, under the

Juvenile Court Act of 1987, any offense requiring registration

under the Sex Offender Registration Act, or institutionalized

as a sexually dangerous person under the Sexually Dangerous

Persons Act, or committed as a sexually violent person under

the Sexually Violent Persons Commitment Act shall, regardless

of the sentence or disposition imposed, be required to submit

specimens of blood, saliva, or tissue to the Illinois State

Police in accordance with the provisions of this Section,

provided such person is:

(1) convicted of a qualifying offense or attempt of a

qualifying offense on or after July 1, 1990 and sentenced

to a term of imprisonment, periodic imprisonment, fine,

probation, conditional discharge or any other form of

sentence, or given a disposition of court supervision for

the offense;

(1.5) found guilty or given supervision under the

Juvenile Court Act of 1987 for a qualifying offense or

attempt of a qualifying offense on or after January 1,

1997;

(2) ordered institutionalized as a sexually dangerous

person on or after July 1, 1990;

(3) convicted of a qualifying offense or attempt of a

qualifying offense before July 1, 1990 and is presently

confined as a result of such conviction in any State

correctional facility or county jail or is presently

serving a sentence of probation, conditional discharge or

periodic imprisonment as a result of such conviction;

(3.5) convicted or found guilty of any offense

classified as a felony under Illinois law or found guilty

or given supervision for such an offense under the

Juvenile Court Act of 1987 on or after August 22, 2002;

(4) presently institutionalized as a sexually

dangerous person or presently institutionalized as a

person found guilty but mentally ill of a sexual offense

or attempt to commit a sexual offense; or

(4.5) ordered committed as a sexually violent person

on or after the effective date of the Sexually Violent

Persons Commitment Act.

(a-1) Any person incarcerated in a facility of the

Illinois Department of Corrections or the Illinois Department

of Juvenile Justice on or after August 22, 2002, whether for a

term of years or , natural life, or a sentence of death, who

has not yet submitted a specimen of blood, saliva, or tissue

shall be required to submit a specimen of blood, saliva, or

tissue prior to his or her final discharge, or release on

parole, aftercare release, or mandatory supervised release, as

a condition of his or her parole, aftercare release, or

mandatory supervised release, or within 6 months from August

13, 2009 (the effective date of Public Act 96-426), whichever

is sooner. A person incarcerated on or after August 13, 2009

(the effective date of Public Act 96-426) shall be required to

submit a specimen within 45 days of incarceration, or prior to

his or her final discharge, or release on parole, aftercare

release, or mandatory supervised release, as a condition of

his or her parole, aftercare release, or mandatory supervised

release, whichever is sooner. These specimens shall be placed

into the State or national DNA database, to be used in

accordance with other provisions of this Section, by the

Illinois State Police.

(a-2) Any person sentenced to life imprisonment in a

facility of the Illinois Department of Corrections after the

effective date of this amendatory Act of the 94th General

Assembly or sentenced to death after the effective date of

this amendatory Act of the 94th General Assembly shall be

required to provide a specimen of blood, saliva, or tissue

within 45 days after sentencing or disposition at a collection

site designated by the Illinois State Police. Any person

serving a sentence of life imprisonment in a facility of the

Illinois Department of Corrections on the effective date of

this amendatory Act of the 94th General Assembly or any person

who is under a sentence of death on the effective date of this

amendatory Act of the 94th General Assembly shall be required

to provide a specimen of blood, saliva, or tissue upon request

at a collection site designated by the Illinois State Police.

(a-3) Any person seeking transfer to or residency in

Illinois under Sections 3-3-11.05 through 3-3-11.5 of this

Code, the Interstate Compact for Adult Offender Supervision,

or the Interstate Agreements on Sexually Dangerous Persons Act

shall be required to provide a specimen of blood, saliva, or

tissue within 45 days after transfer to or residency in

Illinois at a collection site designated by the Illinois State

Police.

(a-3.1) Any person required by an order of the court to

submit a DNA specimen shall be required to provide a specimen

of blood, saliva, or tissue within 45 days after the court

order at a collection site designated by the Illinois State

Police.

(a-3.2) On or after January 1, 2012 (the effective date of

Public Act 97-383), any person arrested for any of the

following offenses, after an indictment has been returned by a

grand jury, or following a hearing pursuant to Section 109-3

of the Code of Criminal Procedure of 1963 and a judge finds

there is probable cause to believe the arrestee has committed

one of the designated offenses, or an arrestee has waived a

preliminary hearing shall be required to provide a specimen of

blood, saliva, or tissue within 14 days after such indictment

or hearing at a collection site designated by the Illinois

State Police:

(A) first degree murder;

(B) home invasion;

(C) predatory criminal sexual assault of a child;

(D) aggravated criminal sexual assault; or

(E) criminal sexual assault.

(a-3.3) Any person required to register as a sex offender

under the Sex Offender Registration Act, regardless of the

date of conviction as set forth in subsection (c-5.2) shall be

required to provide a specimen of blood, saliva, or tissue

within the time period prescribed in subsection (c-5.2) at a

collection site designated by the Illinois State Police.

(a-5) Any person who was otherwise convicted of or

received a disposition of court supervision for any other

offense under the Criminal Code of 1961 or the Criminal Code of

2012 or who was found guilty or given supervision for such a

violation under the Juvenile Court Act of 1987, may,

regardless of the sentence imposed, be required by an order of

the court to submit specimens of blood, saliva, or tissue to

the Illinois State Police in accordance with the provisions of

this Section.

(b) Any person required by paragraphs (a)(1), (a)(1.5),

(a)(2), (a)(3.5), and (a-5) to provide specimens of blood,

saliva, or tissue shall provide specimens of blood, saliva, or

tissue within 45 days after sentencing or disposition at a

collection site designated by the Illinois State Police.

(c) Any person required by paragraphs (a)(3), (a)(4), and

(a)(4.5) to provide specimens of blood, saliva, or tissue

shall be required to provide such specimens prior to final

discharge or within 6 months from August 13, 2009 (the

effective date of Public Act 96-426), whichever is sooner.

These specimens shall be placed into the State or national DNA

database, to be used in accordance with other provisions of

this Act, by the Illinois State Police.

(c-5) Any person required by paragraph (a-3) to provide

specimens of blood, saliva, or tissue shall, where feasible,

be required to provide the specimens before being accepted for

conditioned residency in Illinois under the interstate compact

or agreement, but no later than 45 days after arrival in this

State.

(c-5.2) Unless it is determined that a registered sex

offender has previously submitted a specimen of blood, saliva,

or tissue that has been placed into the State DNA database, a

person registering as a sex offender shall be required to

submit a specimen at the time of his or her initial

registration pursuant to the Sex Offender Registration Act or,

for a person registered as a sex offender on or prior to

January 1, 2012 (the effective date of Public Act 97-383),

within one year of January 1, 2012 (the effective date of

Public Act 97-383) or at the time of his or her next required

registration.

(c-6) The Illinois State Police may determine which type

of specimen or specimens, blood, saliva, or tissue, is

acceptable for submission to the Division of Forensic Services

for analysis. The Illinois State Police may require the

submission of fingerprints from anyone required to give a

specimen under this Act.

(d) The Illinois State Police shall provide all equipment

and instructions necessary for the collection of blood

specimens. The collection of specimens shall be performed in a

medically approved manner. Only a physician authorized to

practice medicine, a registered nurse or other qualified

person trained in venipuncture may withdraw blood for the

purposes of this Act. The specimens shall thereafter be

forwarded to the Illinois State Police, Division of Forensic

Services, for analysis and categorizing into genetic marker

groupings.

(d-1) The Illinois State Police shall provide all

equipment and instructions necessary for the collection of

saliva specimens. The collection of saliva specimens shall be

performed in a medically approved manner. Only a person

trained in the instructions promulgated by the Illinois State

Police on collecting saliva may collect saliva for the

purposes of this Section. The specimens shall thereafter be

forwarded to the Illinois State Police, Division of Forensic

Services, for analysis and categorizing into genetic marker

groupings.

(d-2) The Illinois State Police shall provide all

equipment and instructions necessary for the collection of

tissue specimens. The collection of tissue specimens shall be

performed in a medically approved manner. Only a person

trained in the instructions promulgated by the Illinois State

Police on collecting tissue may collect tissue for the

purposes of this Section. The specimens shall thereafter be

forwarded to the Illinois State Police, Division of Forensic

Services, for analysis and categorizing into genetic marker

groupings.

(d-5) To the extent that funds are available, the Illinois

State Police shall contract with qualified personnel and

certified laboratories for the collection, analysis, and

categorization of known specimens, except as provided in

subsection (n) of this Section.

(d-6) Agencies designated by the Illinois State Police and

the Illinois State Police may contract with third parties to

provide for the collection or analysis of DNA, or both, of an

offender's blood, saliva, and tissue specimens, except as

provided in subsection (n) of this Section.

(e) The genetic marker groupings shall be maintained by

the Illinois State Police, Division of Forensic Services.

(f) The genetic marker grouping analysis information

obtained pursuant to this Act shall be confidential and shall

be released only to peace officers of the United States, of

other states or territories, of the insular possessions of the

United States, of foreign countries duly authorized to receive

the same, to all peace officers of the State of Illinois and to

all prosecutorial agencies, and to defense counsel as provided

by Section 116-5 of the Code of Criminal Procedure of 1963. The

genetic marker grouping analysis information obtained pursuant

to this Act shall be used only for (i) valid law enforcement

identification purposes and as required by the Federal Bureau

of Investigation for participation in the National DNA

database, (ii) technology validation purposes, (iii) a

population statistics database, (iv) quality assurance

purposes if personally identifying information is removed, (v)

assisting in the defense of the criminally accused pursuant to

Section 116-5 of the Code of Criminal Procedure of 1963, or

(vi) identifying and assisting in the prosecution of a person

who is suspected of committing a sexual assault as defined in

Section 1a of the Sexual Assault Survivors Emergency Treatment

Act. Notwithstanding any other statutory provision to the

contrary, all information obtained under this Section shall be

maintained in a single State data base, which may be uploaded

into a national database, and which information may be subject

to expungement only as set forth in subsection (f-1).

(f-1) Upon receipt of notification of a reversal of a

conviction based on actual innocence, or of the granting of a

pardon pursuant to Section 12 of Article V of the Illinois

Constitution, if that pardon document specifically states that

the reason for the pardon is the actual innocence of an

individual whose DNA record has been stored in the State or

national DNA identification index in accordance with this

Section by the Illinois State Police, the DNA record shall be

expunged from the DNA identification index, and the Department

shall by rule prescribe procedures to ensure that the record

and any specimens, analyses, or other documents relating to

such record, whether in the possession of the Department or

any law enforcement or police agency, or any forensic DNA

laboratory, including any duplicates or copies thereof, are

destroyed and a letter is sent to the court verifying the

expungement is completed. For specimens required to be

collected prior to conviction, unless the individual has other

charges or convictions that require submission of a specimen,

the DNA record for an individual shall be expunged from the DNA

identification databases and the specimen destroyed upon

receipt of a certified copy of a final court order for each

charge against an individual in which the charge has been

dismissed, resulted in acquittal, or that the charge was not

filed within the applicable time period. The Department shall

by rule prescribe procedures to ensure that the record and any

specimens in the possession or control of the Department are

destroyed and a letter is sent to the court verifying the

expungement is completed.

(f-5) Any person who intentionally uses genetic marker

grouping analysis information, or any other information

derived from a DNA specimen, beyond the authorized uses as

provided under this Section, or any other Illinois law, is

guilty of a Class 4 felony, and shall be subject to a fine of

not less than $5,000.

(f-6) The Illinois State Police may contract with third

parties for the purposes of implementing this amendatory Act

of the 93rd General Assembly, except as provided in subsection

(n) of this Section. Any other party contracting to carry out

the functions of this Section shall be subject to the same

restrictions and requirements of this Section insofar as

applicable, as the Illinois State Police, and to any

additional restrictions imposed by the Illinois State Police.

(g) For the purposes of this Section, "qualifying offense"

means any of the following:

(1) any violation or inchoate violation of Section

11-1.50, 11-1.60, 11-6, 11-9.1, 11-11, 11-18.1, 12-15, or

12-16 of the Criminal Code of 1961 or the Criminal Code of

2012;

(1.1) any violation or inchoate violation of Section

9-1, 9-2, 10-1, 10-2, 12-11, 12-11.1, 18-1, 18-2, 18-3,

18-4, 18-6, 19-1, 19-2, or 19-6 of the Criminal Code of

1961 or the Criminal Code of 2012 for which persons are

convicted on or after July 1, 2001;

(2) any former statute of this State which defined a

felony sexual offense;

(3) (blank);

(4) any inchoate violation of Section 9-3.1, 9-3.4,

11-9.3, 12-7.3, or 12-7.4 of the Criminal Code of 1961 or

the Criminal Code of 2012; or

(5) any violation or inchoate violation of Article 29D

of the Criminal Code of 1961 or the Criminal Code of 2012.

(g-5) (Blank).

(h) The Illinois State Police shall be the State central

repository for all genetic marker grouping analysis

information obtained pursuant to this Act. The Illinois State

Police may promulgate rules for the form and manner of the

collection of blood, saliva, or tissue specimens and other

procedures for the operation of this Act. The provisions of

the Administrative Review Law shall apply to all actions taken

under the rules so promulgated.

(i)(1) A person required to provide a blood, saliva, or

tissue specimen shall cooperate with the collection of the

specimen and any deliberate act by that person intended to

impede, delay or stop the collection of the blood, saliva, or

tissue specimen is a Class 4 felony.

(2) In the event that a person's DNA specimen is not

adequate for any reason, the person shall provide another DNA

specimen for analysis. Duly authorized law enforcement and

corrections personnel may employ reasonable force in cases in

which an individual refuses to provide a DNA specimen required

under this Act.

(j) (Blank).

(k) All analysis and categorization assessments provided

under the Criminal and Traffic Assessments Act to the State

Crime Laboratory Fund shall be regulated as follows:

(1) (Blank).

(2) (Blank).

(3) Moneys deposited into the State Crime Laboratory

Fund shall be used by Illinois State Police crime

laboratories as designated by the Director of the Illinois

State Police. These funds shall be in addition to any

allocations made pursuant to existing laws and shall be

designated for the exclusive use of State crime

laboratories. These uses may include, but are not limited

to, the following:

(A) Costs incurred in providing analysis and

genetic marker categorization as required by

subsection (d).

(B) Costs incurred in maintaining genetic marker

groupings as required by subsection (e).

(C) Costs incurred in the purchase and maintenance

of equipment for use in performing analyses.

(D) Costs incurred in continuing research and

development of new techniques for analysis and genetic

marker categorization.

(E) Costs incurred in continuing education,

training, and professional development of forensic

scientists regularly employed by these laboratories.

(l) The failure of a person to provide a specimen, or of

any person or agency to collect a specimen, shall in no way

alter the obligation of the person to submit such specimen, or

the authority of the Illinois State Police or persons

designated by the Illinois State Police to collect the

specimen, or the authority of the Illinois State Police to

accept, analyze and maintain the specimen or to maintain or

upload results of genetic marker grouping analysis information

into a State or national database.

(m) If any provision of this amendatory Act of the 93rd

General Assembly is held unconstitutional or otherwise

invalid, the remainder of this amendatory Act of the 93rd

General Assembly is not affected.

(n) Neither the Illinois State Police, the Division of

Forensic Services, nor any laboratory of the Division of

Forensic Services may contract out forensic testing for the

purpose of an active investigation or a matter pending before

a court of competent jurisdiction without the written consent

of the prosecuting agency. For the purposes of this subsection

(n), "forensic testing" includes the analysis of physical

evidence in an investigation or other proceeding for the

prosecution of a violation of the Criminal Code of 1961 or the

Criminal Code of 2012 or for matters adjudicated under the

Juvenile Court Act of 1987, and includes the use of forensic

databases and databanks, including DNA, firearm, and

fingerprint databases, and expert testimony.

(o) Mistake does not invalidate a database match. The

detention, arrest, or conviction of a person based upon a

database match or database information is not invalidated if

it is determined that the specimen was obtained or placed in

the database by mistake.

(p) This Section may be referred to as the Illinois DNA

Database Law of 2011.

(Source: P.A. 102-505, eff. 8-20-21; 102-538, eff. 8-20-21.)

(730 ILCS 5/5-4.5-20)

Sec. 5-4.5-20. FIRST DEGREE MURDER; SENTENCE. For first

degree murder:

(a) TERM. The defendant shall be sentenced to imprisonment

or, if appropriate, death under Section 9-1 of the Criminal

Code of 1961 or the Criminal Code of 2012 (720 ILCS 5/9-1).

Imprisonment shall be for a determinate term, subject to

Section 5-4.5-115 of this Code, of (1) not less than 20 years

and not more than 60 years; (2) not less than 60 years and not

more than 100 years when an extended term is imposed under

Section 5-8-2 (730 ILCS 5/5-8-2); or (3) natural life as

provided in Section 5-8-1 (730 ILCS 5/5-8-1).

(b) PERIODIC IMPRISONMENT. A term of periodic imprisonment

shall not be imposed.

(c) IMPACT INCARCERATION. The impact incarceration program

or the county impact incarceration program is not an

authorized disposition.

(d) PROBATION; CONDITIONAL DISCHARGE. A period of

probation or conditional discharge shall not be imposed.

(e) FINE. Fines may be imposed as provided in Section

5-4.5-50(b) (730 ILCS 5/5-4.5-50(b)).

(f) RESTITUTION. See Section 5-5-6 (730 ILCS 5/5-5-6)

concerning restitution.

(g) CONCURRENT OR CONSECUTIVE SENTENCE. The sentence shall

be concurrent or consecutive as provided in Section 5-8-4 (730

ILCS 5/5-8-4) and Section 5-4.5-50 (730 ILCS 5/5-4.5-50).

(h) DRUG COURT. Drug court is not an authorized

disposition.

(i) CREDIT FOR HOME DETENTION. See Section 5-4.5-100 (730

ILCS 5/5-4.5-100) concerning no credit for time spent in home

detention prior to judgment.

(j) SENTENCE CREDIT. See Section 3-6-3 (730 ILCS 5/3-6-3)

for rules and regulations for sentence credit.

(k) ELECTRONIC MONITORING AND HOME DETENTION. Electronic

monitoring and home detention are not authorized dispositions,

except in limited circumstances as provided in Section 5-8A-3

(730 ILCS 5/5-8A-3).

(l) PAROLE; MANDATORY SUPERVISED RELEASE. Except as

provided in Section 3-3-8 (730 ILCS 5/3-3-8), the parole or

mandatory supervised release term shall be 3 years upon

release from imprisonment.

(Source: P.A. 100-431, eff. 8-25-17; 100-1182, eff. 6-1-19;

101-288, eff. 1-1-20.)

(730 ILCS 5/5-5-3)

Sec. 5-5-3. Disposition.

(a) (Blank).

(b) (Blank).

(c) (1) (Blank).

(2) A period of probation, a term of periodic imprisonment

or conditional discharge shall not be imposed for the

following offenses. The court shall sentence the offender to

not less than the minimum term of imprisonment set forth in

this Code for the following offenses, and may order a fine or

restitution or both in conjunction with such term of

imprisonment:

(A) First degree murder where the death penalty is not

imposed.

(B) Attempted first degree murder.

(C) A Class X felony.

(D) A violation of Section 401.1 or 407 of the

Illinois Controlled Substances Act, or a violation of

subdivision (c)(1.5) of Section 401 of that Act which

relates to more than 5 grams of a substance containing

fentanyl or an analog thereof.

(D-5) A violation of subdivision (c)(1) of Section 401

of the Illinois Controlled Substances Act which relates to

3 or more grams of a substance containing heroin or an

analog thereof.

(E) (Blank).

(F) A Class 1 or greater felony if the offender had

been convicted of a Class 1 or greater felony, including

any state or federal conviction for an offense that

contained, at the time it was committed, the same elements

as an offense now (the date of the offense committed after

the prior Class 1 or greater felony) classified as a Class

1 or greater felony, within 10 years of the date on which

the offender committed the offense for which he or she is

being sentenced, except as otherwise provided in Section

40-10 of the Substance Use Disorder Act.

(F-3) A Class 2 or greater felony sex offense or

felony firearm offense if the offender had been convicted

of a Class 2 or greater felony, including any state or

federal conviction for an offense that contained, at the

time it was committed, the same elements as an offense now

(the date of the offense committed after the prior Class 2

or greater felony) classified as a Class 2 or greater

felony, within 10 years of the date on which the offender

committed the offense for which he or she is being

sentenced, except as otherwise provided in Section 40-10

of the Substance Use Disorder Act.

(F-5) A violation of Section 24-1, 24-1.1, or 24-1.6

of the Criminal Code of 1961 or the Criminal Code of 2012

for which imprisonment is prescribed in those Sections.

(G) Residential burglary, except as otherwise provided

in Section 40-10 of the Substance Use Disorder Act.

(H) Criminal sexual assault.

(I) Aggravated battery of a senior citizen as

described in Section 12-4.6 or subdivision (a)(4) of

Section 12-3.05 of the Criminal Code of 1961 or the

Criminal Code of 2012.

(J) A forcible felony if the offense was related to

the activities of an organized gang.

Before July 1, 1994, for the purposes of this

paragraph, "organized gang" means an association of 5 or

more persons, with an established hierarchy, that

encourages members of the association to perpetrate crimes

or provides support to the members of the association who

do commit crimes.

Beginning July 1, 1994, for the purposes of this

paragraph, "organized gang" has the meaning ascribed to it

in Section 10 of the Illinois Streetgang Terrorism Omnibus

Prevention Act.

(K) Vehicular hijacking.

(L) A second or subsequent conviction for the offense

of hate crime when the underlying offense upon which the

hate crime is based is felony aggravated assault or felony

mob action.

(M) A second or subsequent conviction for the offense

of institutional vandalism if the damage to the property

exceeds $300.

(N) A Class 3 felony violation of paragraph (1) of

subsection (a) of Section 2 of the Firearm Owners

Identification Card Act.

(O) A violation of Section 12-6.1 or 12-6.5 of the

Criminal Code of 1961 or the Criminal Code of 2012.

(P) A violation of paragraph (1), (2), (3), (4), (5),

or (7) of subsection (a) of Section 11-20.1 of the

Criminal Code of 1961 or the Criminal Code of 2012.

(P-5) A violation of paragraph (6) of subsection (a)

of Section 11-20.1 of the Criminal Code of 1961 or the

Criminal Code of 2012 if the victim is a household or

family member of the defendant.

(Q) A violation of subsection (b) or (b-5) of Section

20-1, Section 20-1.2, or Section 20-1.3 of the Criminal

Code of 1961 or the Criminal Code of 2012.

(R) A violation of Section 24-3A of the Criminal Code

of 1961 or the Criminal Code of 2012.

(S) (Blank).

(T) (Blank).

(U) A second or subsequent violation of Section 6-303

of the Illinois Vehicle Code committed while his or her

driver's license, permit, or privilege was revoked because

of a violation of Section 9-3 of the Criminal Code of 1961

or the Criminal Code of 2012, relating to the offense of

reckless homicide, or a similar provision of a law of

another state.

(V) A violation of paragraph (4) of subsection (c) of

Section 11-20.1B or paragraph (4) of subsection (c) of

Section 11-20.3 of the Criminal Code of 1961, or paragraph

(6) of subsection (a) of Section 11-20.1 of the Criminal

Code of 2012 when the victim is under 13 years of age and

the defendant has previously been convicted under the laws

of this State or any other state of the offense of child

pornography, aggravated child pornography, aggravated

criminal sexual abuse, aggravated criminal sexual assault,

predatory criminal sexual assault of a child, or any of

the offenses formerly known as rape, deviate sexual

assault, indecent liberties with a child, or aggravated

indecent liberties with a child where the victim was under

the age of 18 years or an offense that is substantially

equivalent to those offenses.

(W) A violation of Section 24-3.5 of the Criminal Code

of 1961 or the Criminal Code of 2012.

(X) A violation of subsection (a) of Section 31-1a of

the Criminal Code of 1961 or the Criminal Code of 2012.

(Y) A conviction for unlawful possession of a firearm

by a street gang member when the firearm was loaded or

contained firearm ammunition.

(Z) A Class 1 felony committed while he or she was

serving a term of probation or conditional discharge for a

felony.

(AA) Theft of property exceeding $500,000 and not

exceeding $1,000,000 in value.

(BB) Laundering of criminally derived property of a

value exceeding $500,000.

(CC) Knowingly selling, offering for sale, holding for

sale, or using 2,000 or more counterfeit items or

counterfeit items having a retail value in the aggregate

of $500,000 or more.

(DD) A conviction for aggravated assault under

paragraph (6) of subsection (c) of Section 12-2 of the

Criminal Code of 1961 or the Criminal Code of 2012 if the

firearm is aimed toward the person against whom the

firearm is being used.

(EE) A conviction for a violation of paragraph (2) of

subsection (a) of Section 24-3B of the Criminal Code of

2012.

(3) (Blank).

(4) A minimum term of imprisonment of not less than 10

consecutive days or 30 days of community service shall be

imposed for a violation of paragraph (c) of Section 6-303 of

the Illinois Vehicle Code.

(4.1) (Blank).

(4.2) Except as provided in paragraphs (4.3) and (4.8) of

this subsection (c), a minimum of 100 hours of community

service shall be imposed for a second violation of Section

6-303 of the Illinois Vehicle Code.

(4.3) A minimum term of imprisonment of 30 days or 300

hours of community service, as determined by the court, shall

be imposed for a second violation of subsection (c) of Section

6-303 of the Illinois Vehicle Code.

(4.4) Except as provided in paragraphs (4.5), (4.6), and

(4.9) of this subsection (c), a minimum term of imprisonment

of 30 days or 300 hours of community service, as determined by

the court, shall be imposed for a third or subsequent

violation of Section 6-303 of the Illinois Vehicle Code. The

court may give credit toward the fulfillment of community

service hours for participation in activities and treatment as

determined by court services.

(4.5) A minimum term of imprisonment of 30 days shall be

imposed for a third violation of subsection (c) of Section

6-303 of the Illinois Vehicle Code.

(4.6) Except as provided in paragraph (4.10) of this

subsection (c), a minimum term of imprisonment of 180 days

shall be imposed for a fourth or subsequent violation of

subsection (c) of Section 6-303 of the Illinois Vehicle Code.

(4.7) A minimum term of imprisonment of not less than 30

consecutive days, or 300 hours of community service, shall be

imposed for a violation of subsection (a-5) of Section 6-303

of the Illinois Vehicle Code, as provided in subsection (b-5)

of that Section.

(4.8) A mandatory prison sentence shall be imposed for a

second violation of subsection (a-5) of Section 6-303 of the

Illinois Vehicle Code, as provided in subsection (c-5) of that

Section. The person's driving privileges shall be revoked for

a period of not less than 5 years from the date of his or her

release from prison.

(4.9) A mandatory prison sentence of not less than 4 and

not more than 15 years shall be imposed for a third violation

of subsection (a-5) of Section 6-303 of the Illinois Vehicle

Code, as provided in subsection (d-2.5) of that Section. The

person's driving privileges shall be revoked for the remainder

of his or her life.

(4.10) A mandatory prison sentence for a Class 1 felony

shall be imposed, and the person shall be eligible for an

extended term sentence, for a fourth or subsequent violation

of subsection (a-5) of Section 6-303 of the Illinois Vehicle

Code, as provided in subsection (d-3.5) of that Section. The

person's driving privileges shall be revoked for the remainder

of his or her life.

(5) The court may sentence a corporation or unincorporated

association convicted of any offense to:

(A) a period of conditional discharge;

(B) a fine;

(C) make restitution to the victim under Section 5-5-6

of this Code.

(5.1) In addition to any other penalties imposed, and

except as provided in paragraph (5.2) or (5.3), a person

convicted of violating subsection (c) of Section 11-907 of the

Illinois Vehicle Code shall have his or her driver's license,

permit, or privileges suspended for at least 90 days but not

more than one year, if the violation resulted in damage to the

property of another person.

(5.2) In addition to any other penalties imposed, and

except as provided in paragraph (5.3), a person convicted of

violating subsection (c) of Section 11-907 of the Illinois

Vehicle Code shall have his or her driver's license, permit,

or privileges suspended for at least 180 days but not more than

2 years, if the violation resulted in injury to another

person.

(5.3) In addition to any other penalties imposed, a person

convicted of violating subsection (c) of Section 11-907 of the

Illinois Vehicle Code shall have his or her driver's license,

permit, or privileges suspended for 2 years, if the violation

resulted in the death of another person.

(5.4) In addition to any other penalties imposed, a person

convicted of violating Section 3-707 of the Illinois Vehicle

Code shall have his or her driver's license, permit, or

privileges suspended for 3 months and until he or she has paid

a reinstatement fee of $100.

(5.5) In addition to any other penalties imposed, a person

convicted of violating Section 3-707 of the Illinois Vehicle

Code during a period in which his or her driver's license,

permit, or privileges were suspended for a previous violation

of that Section shall have his or her driver's license,

permit, or privileges suspended for an additional 6 months

after the expiration of the original 3-month suspension and

until he or she has paid a reinstatement fee of $100.

(6) (Blank).

(7) (Blank).

(8) (Blank).

(9) A defendant convicted of a second or subsequent

offense of ritualized abuse of a child may be sentenced to a

term of natural life imprisonment.

(10) (Blank).

(11) The court shall impose a minimum fine of $1,000 for a

first offense and $2,000 for a second or subsequent offense

upon a person convicted of or placed on supervision for

battery when the individual harmed was a sports official or

coach at any level of competition and the act causing harm to

the sports official or coach occurred within an athletic

facility or within the immediate vicinity of the athletic

facility at which the sports official or coach was an active

participant of the athletic contest held at the athletic

facility. For the purposes of this paragraph (11), "sports

official" means a person at an athletic contest who enforces

the rules of the contest, such as an umpire or referee;

"athletic facility" means an indoor or outdoor playing field

or recreational area where sports activities are conducted;

and "coach" means a person recognized as a coach by the

sanctioning authority that conducted the sporting event.

(12) A person may not receive a disposition of court

supervision for a violation of Section 5-16 of the Boat

Registration and Safety Act if that person has previously

received a disposition of court supervision for a violation of

that Section.

(13) A person convicted of or placed on court supervision

for an assault or aggravated assault when the victim and the

offender are family or household members as defined in Section

103 of the Illinois Domestic Violence Act of 1986 or convicted

of domestic battery or aggravated domestic battery may be

required to attend a Partner Abuse Intervention Program under

protocols set forth by the Illinois Department of Human

Services under such terms and conditions imposed by the court.

The costs of such classes shall be paid by the offender.

(d) In any case in which a sentence originally imposed is

vacated, the case shall be remanded to the trial court. The

trial court shall hold a hearing under Section 5-4-1 of this

Code which may include evidence of the defendant's life, moral

character and occupation during the time since the original

sentence was passed. The trial court shall then impose

sentence upon the defendant. The trial court may impose any

sentence which could have been imposed at the original trial

subject to Section 5-5-4 of this Code. If a sentence is vacated

on appeal or on collateral attack due to the failure of the

trier of fact at trial to determine beyond a reasonable doubt

the existence of a fact (other than a prior conviction)

necessary to increase the punishment for the offense beyond

the statutory maximum otherwise applicable, either the

defendant may be re-sentenced to a term within the range

otherwise provided or, if the State files notice of its

intention to again seek the extended sentence, the defendant

shall be afforded a new trial.

(e) In cases where prosecution for aggravated criminal

sexual abuse under Section 11-1.60 or 12-16 of the Criminal

Code of 1961 or the Criminal Code of 2012 results in conviction

of a defendant who was a family member of the victim at the

time of the commission of the offense, the court shall

consider the safety and welfare of the victim and may impose a

sentence of probation only where:

(1) the court finds (A) or (B) or both are

appropriate:

(A) the defendant is willing to undergo a court

approved counseling program for a minimum duration of

2 years; or

(B) the defendant is willing to participate in a

court approved plan, including, but not limited to,

the defendant's:

(i) removal from the household;

(ii) restricted contact with the victim;

(iii) continued financial support of the

family;

(iv) restitution for harm done to the victim;

and

(v) compliance with any other measures that

the court may deem appropriate; and

(2) the court orders the defendant to pay for the

victim's counseling services, to the extent that the court

finds, after considering the defendant's income and

assets, that the defendant is financially capable of

paying for such services, if the victim was under 18 years

of age at the time the offense was committed and requires

counseling as a result of the offense.

Probation may be revoked or modified pursuant to Section

5-6-4; except where the court determines at the hearing that

the defendant violated a condition of his or her probation

restricting contact with the victim or other family members or

commits another offense with the victim or other family

members, the court shall revoke the defendant's probation and

impose a term of imprisonment.

For the purposes of this Section, "family member" and

"victim" shall have the meanings ascribed to them in Section

11-0.1 of the Criminal Code of 2012.

(f) (Blank).

(g) Whenever a defendant is convicted of an offense under

Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-14,

11-14.3, 11-14.4 except for an offense that involves keeping a

place of juvenile prostitution, 11-15, 11-15.1, 11-16, 11-17,

11-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 12-13, 12-14,

12-14.1, 12-15, or 12-16 of the Criminal Code of 1961 or the

Criminal Code of 2012, the defendant shall undergo medical

testing to determine whether the defendant has any sexually

transmissible disease, including a test for infection with

human immunodeficiency virus (HIV) or any other identified

causative agent of acquired immunodeficiency syndrome (AIDS).

Any such medical test shall be performed only by appropriately

licensed medical practitioners and may include an analysis of

any bodily fluids as well as an examination of the defendant's

person. Except as otherwise provided by law, the results of

such test shall be kept strictly confidential by all medical

personnel involved in the testing and must be personally

delivered in a sealed envelope to the judge of the court in

which the conviction was entered for the judge's inspection in

camera. Acting in accordance with the best interests of the

victim and the public, the judge shall have the discretion to

determine to whom, if anyone, the results of the testing may be

revealed. The court shall notify the defendant of the test

results. The court shall also notify the victim if requested

by the victim, and if the victim is under the age of 15 and if

requested by the victim's parents or legal guardian, the court

shall notify the victim's parents or legal guardian of the

test results. The court shall provide information on the

availability of HIV testing and counseling at Department of

Public Health facilities to all parties to whom the results of

the testing are revealed and shall direct the State's Attorney

to provide the information to the victim when possible. The

court shall order that the cost of any such test shall be paid

by the county and may be taxed as costs against the convicted

defendant.

(g-5) When an inmate is tested for an airborne

communicable disease, as determined by the Illinois Department

of Public Health, including, but not limited to, tuberculosis,

the results of the test shall be personally delivered by the

warden or his or her designee in a sealed envelope to the judge

of the court in which the inmate must appear for the judge's

inspection in camera if requested by the judge. Acting in

accordance with the best interests of those in the courtroom,

the judge shall have the discretion to determine what if any

precautions need to be taken to prevent transmission of the

disease in the courtroom.

(h) Whenever a defendant is convicted of an offense under

Section 1 or 2 of the Hypodermic Syringes and Needles Act, the

defendant shall undergo medical testing to determine whether

the defendant has been exposed to human immunodeficiency virus

(HIV) or any other identified causative agent of acquired

immunodeficiency syndrome (AIDS). Except as otherwise provided

by law, the results of such test shall be kept strictly

confidential by all medical personnel involved in the testing

and must be personally delivered in a sealed envelope to the

judge of the court in which the conviction was entered for the

judge's inspection in camera. Acting in accordance with the

best interests of the public, the judge shall have the

discretion to determine to whom, if anyone, the results of the

testing may be revealed. The court shall notify the defendant

of a positive test showing an infection with the human

immunodeficiency virus (HIV). The court shall provide

information on the availability of HIV testing and counseling

at Department of Public Health facilities to all parties to

whom the results of the testing are revealed and shall direct

the State's Attorney to provide the information to the victim

when possible. The court shall order that the cost of any such

test shall be paid by the county and may be taxed as costs

against the convicted defendant.

(i) All fines and penalties imposed under this Section for

any violation of Chapters 3, 4, 6, and 11 of the Illinois

Vehicle Code, or a similar provision of a local ordinance, and

any violation of the Child Passenger Protection Act, or a

similar provision of a local ordinance, shall be collected and

disbursed by the circuit clerk as provided under the Criminal

and Traffic Assessment Act.

(j) In cases when prosecution for any violation of Section

11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-8, 11-9,

11-11, 11-14, 11-14.3, 11-14.4, 11-15, 11-15.1, 11-16, 11-17,

11-17.1, 11-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 11-20.1,

11-20.1B, 11-20.3, 11-21, 11-30, 11-40, 12-13, 12-14, 12-14.1,

12-15, or 12-16 of the Criminal Code of 1961 or the Criminal

Code of 2012, any violation of the Illinois Controlled

Substances Act, any violation of the Cannabis Control Act, or

any violation of the Methamphetamine Control and Community

Protection Act results in conviction, a disposition of court

supervision, or an order of probation granted under Section 10

of the Cannabis Control Act, Section 410 of the Illinois

Controlled Substances Act, or Section 70 of the

Methamphetamine Control and Community Protection Act of a

defendant, the court shall determine whether the defendant is

employed by a facility or center as defined under the Child

Care Act of 1969, a public or private elementary or secondary

school, or otherwise works with children under 18 years of age

on a daily basis. When a defendant is so employed, the court

shall order the Clerk of the Court to send a copy of the

judgment of conviction or order of supervision or probation to

the defendant's employer by certified mail. If the employer of

the defendant is a school, the Clerk of the Court shall direct

the mailing of a copy of the judgment of conviction or order of

supervision or probation to the appropriate regional

superintendent of schools. The regional superintendent of

schools shall notify the State Board of Education of any

notification under this subsection.

(j-5) A defendant at least 17 years of age who is convicted

of a felony and who has not been previously convicted of a

misdemeanor or felony and who is sentenced to a term of

imprisonment in the Illinois Department of Corrections shall

as a condition of his or her sentence be required by the court

to attend educational courses designed to prepare the

defendant for a high school diploma and to work toward a high

school diploma or to work toward passing high school

equivalency testing or to work toward completing a vocational

training program offered by the Department of Corrections. If

a defendant fails to complete the educational training

required by his or her sentence during the term of

incarceration, the Prisoner Review Board shall, as a condition

of mandatory supervised release, require the defendant, at his

or her own expense, to pursue a course of study toward a high

school diploma or passage of high school equivalency testing.

The Prisoner Review Board shall revoke the mandatory

supervised release of a defendant who wilfully fails to comply

with this subsection (j-5) upon his or her release from

confinement in a penal institution while serving a mandatory

supervised release term; however, the inability of the

defendant after making a good faith effort to obtain financial

aid or pay for the educational training shall not be deemed a

wilful failure to comply. The Prisoner Review Board shall

recommit the defendant whose mandatory supervised release term

has been revoked under this subsection (j-5) as provided in

Section 3-3-9. This subsection (j-5) does not apply to a

defendant who has a high school diploma or has successfully

passed high school equivalency testing. This subsection (j-5)

does not apply to a defendant who is determined by the court to

be a person with a developmental disability or otherwise

mentally incapable of completing the educational or vocational

program.

(k) (Blank).

(l) (A) Except as provided in paragraph (C) of subsection

(l), whenever a defendant, who is not a citizen or national of

the United States, is convicted of any felony or misdemeanor

offense, the court after sentencing the defendant may, upon

motion of the State's Attorney, hold sentence in abeyance and

remand the defendant to the custody of the Attorney General of

the United States or his or her designated agent to be deported

when:

(1) a final order of deportation has been issued

against the defendant pursuant to proceedings under the

Immigration and Nationality Act, and

(2) the deportation of the defendant would not

deprecate the seriousness of the defendant's conduct and

would not be inconsistent with the ends of justice.

Otherwise, the defendant shall be sentenced as provided in

this Chapter V.

(B) If the defendant has already been sentenced for a

felony or misdemeanor offense, or has been placed on probation

under Section 10 of the Cannabis Control Act, Section 410 of

the Illinois Controlled Substances Act, or Section 70 of the

Methamphetamine Control and Community Protection Act, the

court may, upon motion of the State's Attorney to suspend the

sentence imposed, commit the defendant to the custody of the

Attorney General of the United States or his or her designated

agent when:

(1) a final order of deportation has been issued

against the defendant pursuant to proceedings under the

Immigration and Nationality Act, and

(2) the deportation of the defendant would not

deprecate the seriousness of the defendant's conduct and

would not be inconsistent with the ends of justice.

(C) This subsection (l) does not apply to offenders who

are subject to the provisions of paragraph (2) of subsection

(a) of Section 3-6-3.

(D) Upon motion of the State's Attorney, if a defendant

sentenced under this Section returns to the jurisdiction of

the United States, the defendant shall be recommitted to the

custody of the county from which he or she was sentenced.

Thereafter, the defendant shall be brought before the

sentencing court, which may impose any sentence that was

available under Section 5-5-3 at the time of initial

sentencing. In addition, the defendant shall not be eligible

for additional earned sentence credit as provided under

Section 3-6-3.

(m) A person convicted of criminal defacement of property

under Section 21-1.3 of the Criminal Code of 1961 or the

Criminal Code of 2012, in which the property damage exceeds

$300 and the property damaged is a school building, shall be

ordered to perform community service that may include cleanup,

removal, or painting over the defacement.

(n) The court may sentence a person convicted of a

violation of Section 12-19, 12-21, 16-1.3, or 17-56, or

subsection (a) or (b) of Section 12-4.4a, of the Criminal Code

of 1961 or the Criminal Code of 2012 (i) to an impact

incarceration program if the person is otherwise eligible for

that program under Section 5-8-1.1, (ii) to community service,

or (iii) if the person has a substance use disorder, as defined

in the Substance Use Disorder Act, to a treatment program

licensed under that Act.

(o) Whenever a person is convicted of a sex offense as

defined in Section 2 of the Sex Offender Registration Act, the

defendant's driver's license or permit shall be subject to

renewal on an annual basis in accordance with the provisions

of license renewal established by the Secretary of State.

(Source: P.A. 101-81, eff. 7-12-19; 102-168, eff. 7-27-21;

102-531, eff. 1-1-22; 102-813, eff. 5-13-22; 102-1030, eff.

5-27-22.)

(730 ILCS 5/5-8-1) (from Ch. 38, par. 1005-8-1)

Sec. 5-8-1. Natural life imprisonment; enhancements for

use of a firearm; mandatory supervised release terms.

(a) Except as otherwise provided in the statute defining

the offense or in Article 4.5 of Chapter V, a sentence of

imprisonment for a felony shall be a determinate sentence set

by the court under this Section, subject to Section 5-4.5-115

of this Code, according to the following limitations:

(1) for first degree murder,

(a) (blank),

(b) if a trier of fact finds beyond a reasonable

doubt that the murder was accompanied by exceptionally

brutal or heinous behavior indicative of wanton

cruelty or, except as set forth in subsection

(a)(1)(c) of this Section, that any of the aggravating

factors listed in subparagraph (b-5) subsection (b) or

(b-5) of Section 9-1 of the Criminal Code of 1961 or

the Criminal Code of 2012 are present, the court may

sentence the defendant, subject to Section 5-4.5-105,

to a term of natural life imprisonment, or

(b-5) A defendant who at the time of the

commission of the offense has attained the age of 18 or

more and who has been found guilty of first degree

murder may be sentenced to a term of natural life

imprisonment if:

(1) the murdered individual was an inmate at

an institution or facility of the Department of

Corrections, or any similar local correctional

agency and was killed on the grounds thereof, or

the murdered individual was otherwise present in

such institution or facility with the knowledge

and approval of the chief administrative officer

thereof;

(2) the murdered individual was killed as a

result of the hijacking of an airplane, train,

ship, bus, or other public conveyance;

(3) the defendant committed the murder

pursuant to a contract, agreement, or

understanding by which he or she was to receive

money or anything of value in return for

committing the murder or procured another to

commit the murder for money or anything of value;

(4) the murdered individual was killed in the

course of another felony if:

(A) the murdered individual:

(i) was actually killed by the

defendant, or

(ii) received physical injuries

personally inflicted by the defendant

substantially contemporaneously with

physical injuries caused by one or more

persons for whose conduct the defendant is

legally accountable under Section 5-2 of

this Code, and the physical injuries

inflicted by either the defendant or the

other person or persons for whose conduct

he is legally accountable caused the death

of the murdered individual; and (B) in

performing the acts which caused the death

of the murdered individual or which

resulted in physical injuries personally

inflicted by the defendant on the murdered

individual under the circumstances of

subdivision (ii) of clause (A) of this

clause (4), the defendant acted with the

intent to kill the murdered individual or

with the knowledge that his or her acts

created a strong probability of death or

great bodily harm to the murdered

individual or another; and

(B) in performing the acts which caused

the death of the murdered individual or which

resulted in physical injuries personally

inflicted by the defendant on the murdered

individual under the circumstances of

subdivision (ii) of clause (A) of this clause

(4), the defendant acted with the intent to

kill the murdered individual or with the

knowledge that his or her acts created a

strong probability of death or great bodily

harm to the murdered individual or another;

and

(C) the other felony was an inherently

violent crime or the attempt to commit an

inherently violent crime. In this clause (C),

"inherently violent crime" includes, but is

not limited to, armed robbery, robbery,

predatory criminal sexual assault of a child,

aggravated criminal sexual assault, aggravated

kidnapping, aggravated vehicular hijacking,

aggravated arson, aggravated stalking,

residential burglary, and home invasion;

(5) the defendant committed the murder with

intent to prevent the murdered individual from

testifying or participating in any criminal

investigation or prosecution or giving material

assistance to the State in any investigation or

prosecution, either against the defendant or

another; or the defendant committed the murder

because the murdered individual was a witness in

any prosecution or gave material assistance to the

State in any investigation or prosecution, either

against the defendant or another; for purposes of

this clause (5), "participating in any criminal

investigation or prosecution" is intended to

include those appearing in the proceedings in any

capacity such as trial judges, prosecutors,

defense attorneys, investigators, witnesses, or

jurors;

(6) the defendant, while committing an offense

punishable under Section 401, 401.1, 401.2, 405,

405.2, 407 or 407.1 or subsection (b) of Section

404 of the Illinois Controlled Substances Act, or

while engaged in a conspiracy or solicitation to

commit such offense, intentionally killed an

individual or counseled, commanded, induced,

procured or caused the intentional killing of the

murdered individual;

(7) the defendant was incarcerated in an

institution or facility of the Department of

Corrections at the time of the murder, and while

committing an offense punishable as a felony under

Illinois law, or while engaged in a conspiracy or

solicitation to commit such offense, intentionally

killed an individual or counseled, commanded,

induced, procured or caused the intentional

killing of the murdered individual;

(8) the murder was committed in a cold,

calculated and premeditated manner pursuant to a

preconceived plan, scheme or design to take a

human life by unlawful means, and the conduct of

the defendant created a reasonable expectation

that the death of a human being would result

therefrom;

(9) the defendant was a principal

administrator, organizer, or leader of a

calculated criminal drug conspiracy consisting of

a hierarchical position of authority superior to

that of all other members of the conspiracy, and

the defendant counseled, commanded, induced,

procured, or caused the intentional killing of the

murdered person;

(10) the murder was intentional and involved

the infliction of torture. For the purpose of this

clause (10), torture means the infliction of or

subjection to extreme physical pain, motivated by

an intent to increase or prolong the pain,

suffering or agony of the victim;

(11) the murder was committed as a result of

the intentional discharge of a firearm by the

defendant from a motor vehicle and the victim was

not present within the motor vehicle;

(12) the murdered individual was a person with

a disability and the defendant knew or should have

known that the murdered individual was a person

with a disability. For purposes of this clause

(12), "person with a disability" means a person

who suffers from a permanent physical or mental

impairment resulting from disease, an injury, a

functional disorder, or a congenital condition

that renders the person incapable of adequately

providing for his or her own health or personal

care;

(13) the murdered individual was subject to an

order of protection and the murder was committed

by a person against whom the same order of

protection was issued under the Illinois Domestic

Violence Act of 1986;

(14) the murdered individual was known by the

defendant to be a teacher or other person employed

in any school and the teacher or other employee is

upon the grounds of a school or grounds adjacent

to a school, or is in any part of a building used

for school purposes;

(15) the murder was committed by the defendant

in connection with or as a result of the offense of

terrorism as defined in Section 29D-14.9 of this

Code;

(16) the murdered individual was a member of a

congregation engaged in prayer or other religious

activities at a church, synagogue, mosque, or

other building, structure, or place used for

religious worship; or

(17)(i) the murdered individual was a

physician, physician assistant, psychologist,

nurse, or advanced practice registered nurse;

(ii) the defendant knew or should have known

that the murdered individual was a physician,

physician assistant, psychologist, nurse, or

advanced practice registered nurse; and

(iii) the murdered individual was killed in

the course of acting in his or her capacity as a

physician, physician assistant, psychologist,

nurse, or advanced practice registered nurse, or

to prevent him or her from acting in that

capacity, or in retaliation for his or her acting

in that capacity.

(c) the court shall sentence the defendant to a

term of natural life imprisonment if the defendant, at

the time of the commission of the murder, had attained

the age of 18, and:

(i) has previously been convicted of first

degree murder under any state or federal law, or

(ii) is found guilty of murdering more than

one victim, or

(iii) is found guilty of murdering a peace

officer, fireman, or emergency management worker

when the peace officer, fireman, or emergency

management worker was killed in the course of

performing his official duties, or to prevent the

peace officer or fireman from performing his

official duties, or in retaliation for the peace

officer, fireman, or emergency management worker

from performing his official duties, and the

defendant knew or should have known that the

murdered individual was a peace officer, fireman,

or emergency management worker, or

(iv) is found guilty of murdering an employee

of an institution or facility of the Department of

Corrections, or any similar local correctional

agency, when the employee was killed in the course

of performing his official duties, or to prevent

the employee from performing his official duties,

or in retaliation for the employee performing his

official duties, or

(v) is found guilty of murdering an emergency

medical technician - ambulance, emergency medical

technician - intermediate, emergency medical

technician - paramedic, ambulance driver or other

medical assistance or first aid person while

employed by a municipality or other governmental

unit when the person was killed in the course of

performing official duties or to prevent the

person from performing official duties or in

retaliation for performing official duties and the

defendant knew or should have known that the

murdered individual was an emergency medical

technician - ambulance, emergency medical

technician - intermediate, emergency medical

technician - paramedic, ambulance driver, or other

medical assistant or first aid personnel, or

(vi) (blank), or

(vii) is found guilty of first degree murder

and the murder was committed by reason of any

person's activity as a community policing

volunteer or to prevent any person from engaging

in activity as a community policing volunteer. For

the purpose of this Section, "community policing

volunteer" has the meaning ascribed to it in

Section 2-3.5 of the Criminal Code of 2012.

For purposes of clause (v), "emergency medical

technician - ambulance", "emergency medical technician -

intermediate", "emergency medical technician -

paramedic", have the meanings ascribed to them in the

Emergency Medical Services (EMS) Systems Act.

(d)(i) if the person committed the offense while

armed with a firearm, 15 years shall be added to

the term of imprisonment imposed by the court;

(ii) if, during the commission of the offense, the

person personally discharged a firearm, 20 years shall

be added to the term of imprisonment imposed by the

court;

(iii) if, during the commission of the offense,

the person personally discharged a firearm that

proximately caused great bodily harm, permanent

disability, permanent disfigurement, or death to

another person, 25 years or up to a term of natural

life shall be added to the term of imprisonment

imposed by the court.

(2) (blank);

(2.5) for a person who has attained the age of 18 years

at the time of the commission of the offense and who is

convicted under the circumstances described in subdivision

(b)(1)(B) of Section 11-1.20 or paragraph (3) of

subsection (b) of Section 12-13, subdivision (d)(2) of

Section 11-1.30 or paragraph (2) of subsection (d) of

Section 12-14, subdivision (b)(1.2) of Section 11-1.40 or

paragraph (1.2) of subsection (b) of Section 12-14.1,

subdivision (b)(2) of Section 11-1.40 or paragraph (2) of

subsection (b) of Section 12-14.1 of the Criminal Code of

1961 or the Criminal Code of 2012, the sentence shall be a

term of natural life imprisonment.

(b) (Blank).

(c) (Blank).

(d) Subject to earlier termination under Section 3-3-8,

the parole or mandatory supervised release term shall be

written as part of the sentencing order and shall be as

follows:

(1) for first degree murder or for the offenses of

predatory criminal sexual assault of a child, aggravated

criminal sexual assault, and criminal sexual assault if

committed on or before December 12, 2005, 3 years;

(1.5) except as provided in paragraph (7) of this

subsection (d), for a Class X felony except for the

offenses of predatory criminal sexual assault of a child,

aggravated criminal sexual assault, and criminal sexual

assault if committed on or after December 13, 2005 (the

effective date of Public Act 94-715) and except for the

offense of aggravated child pornography under Section

11-20.1B, 11-20.3, or 11-20.1 with sentencing under

subsection (c-5) of Section 11-20.1 of the Criminal Code

of 1961 or the Criminal Code of 2012, if committed on or

after January 1, 2009, 18 months;

(2) except as provided in paragraph (7) of this

subsection (d), for a Class 1 felony or a Class 2 felony

except for the offense of criminal sexual assault if

committed on or after December 13, 2005 (the effective

date of Public Act 94-715) and except for the offenses of

manufacture and dissemination of child pornography under

clauses (a)(1) and (a)(2) of Section 11-20.1 of the

Criminal Code of 1961 or the Criminal Code of 2012, if

committed on or after January 1, 2009, 12 months;

(3) except as provided in paragraph (4), (6), or (7)

of this subsection (d), for a Class 3 felony or a Class 4

felony, 6 months; no later than 45 days after the onset of

the term of mandatory supervised release, the Prisoner

Review Board shall conduct a discretionary discharge

review pursuant to the provisions of Section 3-3-8, which

shall include the results of a standardized risk and needs

assessment tool administered by the Department of

Corrections; the changes to this paragraph (3) made by

this amendatory Act of the 102nd General Assembly apply to

all individuals released on mandatory supervised release

on or after the effective date of this amendatory Act of

the 102nd General Assembly, including those individuals

whose sentences were imposed prior to the effective date

of this amendatory Act of the 102nd General Assembly;

(4) for defendants who commit the offense of predatory

criminal sexual assault of a child, aggravated criminal

sexual assault, or criminal sexual assault, on or after

December 13, 2005 (the effective date of Public Act

94-715), or who commit the offense of aggravated child

pornography under Section 11-20.1B, 11-20.3, or 11-20.1

with sentencing under subsection (c-5) of Section 11-20.1

of the Criminal Code of 1961 or the Criminal Code of 2012,

manufacture of child pornography, or dissemination of

child pornography after January 1, 2009, the term of

mandatory supervised release shall range from a minimum of

3 years to a maximum of the natural life of the defendant;

(5) if the victim is under 18 years of age, for a

second or subsequent offense of aggravated criminal sexual

abuse or felony criminal sexual abuse, 4 years, at least

the first 2 years of which the defendant shall serve in an

electronic monitoring or home detention program under

Article 8A of Chapter V of this Code;

(6) for a felony domestic battery, aggravated domestic

battery, stalking, aggravated stalking, and a felony

violation of an order of protection, 4 years;

(7) for any felony described in paragraph (a)(2)(ii),

(a)(2)(iii), (a)(2)(iv), (a)(2)(vi), (a)(2.1), (a)(2.3),

(a)(2.4), (a)(2.5), or (a)(2.6) of Article 5, Section

3-6-3 of the Unified Code of Corrections requiring an

inmate to serve a minimum of 85% of their court-imposed

sentence, except for the offenses of predatory criminal

sexual assault of a child, aggravated criminal sexual

assault, and criminal sexual assault if committed on or

after December 13, 2005 (the effective date of Public Act

94-715) and except for the offense of aggravated child

pornography under Section 11-20.1B, 11-20.3, or 11-20.1

with sentencing under subsection (c-5) of Section 11-20.1

of the Criminal Code of 1961 or the Criminal Code of 2012,

if committed on or after January 1, 2009 and except as

provided in paragraph (4) or paragraph (6) of this

subsection (d), the term of mandatory supervised release

shall be as follows:

(A) Class X felony, 3 years;

(B) Class 1 or Class 2 felonies, 2 years;

(C) Class 3 or Class 4 felonies, 1 year.

(e) (Blank).

(f) (Blank).

(g) Notwithstanding any other provisions of this Act and

of Public Act 101-652: (i) the provisions of paragraph (3) of

subsection (d) are effective on July 1, 2022 and shall apply to

all individuals convicted on or after the effective date of

paragraph (3) of subsection (d); and (ii) the provisions of

paragraphs (1.5) and (2) of subsection (d) are effective on

July 1, 2021 and shall apply to all individuals convicted on or

after the effective date of paragraphs (1.5) and (2) of

subsection (d).

(Source: P.A. 101-288, eff. 1-1-20; 101-652, eff. 7-1-21;

102-28, eff. 6-25-21; 102-687, eff. 12-17-21; 102-694, eff.

1-7-22; 102-1104, eff. 12-6-22.)

Section 55. The County Jail Act is amended by changing

Section 13 as follows:

(730 ILCS 125/13) (from Ch. 75, par. 113)

Sec. 13. Whenever the Warden of any jail shall have in his

custody any person charged with a capital offense or other

high crime, and there is no jail in his county, or the jail is

insufficient, he may, with the advice of the judge of the

circuit court of such county, employ a sufficient guard, not

exceeding 3 persons, for the guarding and safe keeping of such

prisoner in his own county. The expense of such guard shall be

audited and paid as other county expenses.

(Source: P.A. 83-1073.)

Section 60. The Code of Civil Procedure is amended by

changing Section 10-103 as follows:

(735 ILCS 5/10-103) (from Ch. 110, par. 10-103)

Sec. 10-103. Application. Application for the relief shall

be made to the Supreme Court or to the circuit court of the

county in which the person in whose behalf the application is

made, is imprisoned or restrained, or to the circuit court of

the county from which such person was sentenced or committed.

Application shall be made by complaint signed by the person

for whose relief it is intended, or by some person in his or

her behalf, and verified by affidavit. Application for relief

under this Article may not be commenced on behalf of a person

who has been sentenced to death without the written consent of

that person, unless the person, because of a mental or

physical condition, is incapable of asserting his or her own

claim.

(Source: P.A. 89-684, eff. 6-1-97.)

INDEX Statutes amended in order of appearance