Bill Text: IL HB4453 | 2023-2024 | 103rd General Assembly | Introduced

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Bill Title: Amends the Juvenile Court Act of 1987. Provides that if the minor (1) has previously been placed on probation for an offense that involves the possession or discharge of a firearm not causing any injury; and (2) is convicted of a subsequent offense involving the possession or discharge of a firearm not causing any injury, then the court shall require the minor to participate in social service programs offered through juvenile probation and comply with referral recommendations for no less than 3 months. Provides that if the minor does not complete the referral recommendations, the court shall commit the minor to the Department of Juvenile Justice to complete the recommended services. Provides that a minor convicted of a subsequent offense involving the use of a firearm causing serious injury, great bodily harm, or death shall be committed to the Department of Juvenile Justice with the Department providing services, including, but not limited to, education, mental health services, drug treatment, and mentoring. Amends the Unified Code of Corrections. Reenacts the provisions of the Code that were repealed on January 1, 2024 concerning sentencing guidelines for individuals with prior felony firearm-related or other specified convictions. Deletes the repeal of those provisions. Amends the Criminal Code of 2012 to make conforming changes. Effective immediately.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-04-05 - Rule 19(a) / Re-referred to Rules Committee [HB4453 Detail]

Download: Illinois-2023-HB4453-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4453 Introduced , by Rep. Anthony DeLuca SYNOPSIS AS INTRODUCED:
705 ILCS 405/5-715
705 ILCS 405/5-750
720 ILCS 5/24-1.1 from Ch. 38, par. 24-1.1
720 ILCS 5/24-1.6
730 ILCS 5/5-4.5-110.1 new
730 ILCS 5/5-8-8
Amends the Juvenile Court Act of 1987. Provides that if the minor (1) has previously been placed on probation for an offense that involves the possession or discharge of a firearm not causing any injury; and (2) is convicted of a subsequent offense involving the possession or discharge of a firearm not causing any injury, then the court shall require the minor to participate in social service programs offered through juvenile probation and comply with referral recommendations for no less than 3 months. Provides that if the minor does not complete the referral recommendations, the court shall commit the minor to the Department of Juvenile Justice to complete the recommended services. Provides that a minor convicted of a subsequent offense involving the use of a firearm causing serious injury, great bodily harm, or death shall be committed to the Department of Juvenile Justice with the Department providing services, including, but not limited to, education, mental health services, drug treatment, and mentoring. Amends the Unified Code of Corrections. Reenacts the provisions of the Code that were repealed on January 1, 2024 concerning sentencing guidelines for individuals with prior felony firearm-related or other specified convictions. Deletes the repeal of those provisions. Amends the Criminal Code of 2012 to make conforming changes. Effective immediately.
LRB103 35384 RLC 65449 b
A BILL FOR
HB4453 LRB103 35384 RLC 65449 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 Juvenile Court Act of 1987 is amended by
changing Sections 5-715 and 5-750 as follows:
(705 ILCS 405/5-715)
Sec. 5-715. Probation.
(1) The period of probation or conditional discharge shall
not exceed 5 years or until the minor has attained the age of
21 years, whichever is less, except as provided in this
Section for a minor who is found to be guilty for an offense
which is first degree murder. The juvenile court may terminate
probation or conditional discharge and discharge the minor at
any time if warranted by the conduct of the minor and the ends
of justice; provided, however, that the period of probation
for a minor who is found to be guilty for an offense which is
first degree murder shall be at least 5 years.
(1.5) The period of probation for a minor who is found
guilty of aggravated criminal sexual assault, criminal sexual
assault, or aggravated battery with a firearm shall be at
least 36 months. The period of probation for a minor who is
found to be guilty of any other Class X felony shall be at
least 24 months. The period of probation for a Class 1 or Class

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2 forcible felony shall be at least 18 months. Regardless of
the length of probation ordered by the court, for all offenses
under this subsection paragraph (1.5), the court shall
schedule hearings to determine whether it is in the best
interest of the minor and public safety to terminate probation
after the minimum period of probation has been served. In such
a hearing, there shall be a rebuttable presumption that it is
in the best interest of the minor and public safety to
terminate probation.
(2) The court may as a condition of probation or of
conditional discharge require that the minor:
(a) not violate any criminal statute of any
jurisdiction;
(b) make a report to and appear in person before any
person or agency as directed by the court;
(c) work or pursue a course of study or vocational
training;
(d) undergo medical or psychiatric treatment, rendered
by a psychiatrist or psychological treatment rendered by a
clinical psychologist or social work services rendered by
a clinical social worker, or treatment for drug addiction
or alcoholism;
(e) attend or reside in a facility established for the
instruction or residence of persons on probation;
(f) support the minor's dependents, if any;
(g) refrain from possessing a firearm or other

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dangerous weapon, or an automobile;
(h) permit the probation officer to visit the minor at
the minor's home or elsewhere;
(i) reside with the minor's parents or in a foster
home;
(j) attend school;
(j-5) with the consent of the superintendent of the
facility, attend an educational program at a facility
other than the school in which the offense was committed
if the minor committed a crime of violence as defined in
Section 2 of the Crime Victims Compensation Act in a
school, on the real property comprising a school, or
within 1,000 feet of the real property comprising a
school;
(k) attend a non-residential program for youth;
(l) make restitution under the terms of subsection (4)
of Section 5-710;
(m) provide nonfinancial contributions to the minor's
own support at home or in a foster home;
(n) perform some reasonable public or community
service that does not interfere with school hours,
school-related activities, or work commitments of the
minor or the minor's parent, guardian, or legal custodian;
(o) participate with community corrections programs
including unified delinquency intervention services
administered by the Department of Human Services subject

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to Section 5 of the Children and Family Services Act;
(p) (blank);
(q) serve a term of home confinement. In addition to
any other applicable condition of probation or conditional
discharge, the conditions of home confinement shall be
that the minor:
(i) remain within the interior premises of the
place designated for the minor's confinement during
the hours designated by the court;
(ii) admit any person or agent designated by the
court into the minor's place of confinement at any
time for purposes of verifying the minor's compliance
with the conditions of the minor's confinement; and
(iii) use an approved electronic monitoring device
if ordered by the court subject to Article 8A of
Chapter V of the Unified Code of Corrections;
(r) refrain from entering into a designated geographic
area except upon terms as the court finds appropriate. The
terms may include consideration of the purpose of the
entry, the time of day, other persons accompanying the
minor, and advance approval by a probation officer, if the
minor has been placed on probation, or advance approval by
the court, if the minor has been placed on conditional
discharge;
(s) refrain from having any contact, directly or
indirectly, with certain specified persons or particular

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types of persons, including, but not limited to, members
of street gangs and drug users or dealers;
(s-5) undergo a medical or other procedure to have a
tattoo symbolizing allegiance to a street gang removed
from the minor's body;
(t) refrain from having in the minor's body the
presence of any illicit drug prohibited by the Cannabis
Control Act, the Illinois Controlled Substances Act, or
the Methamphetamine Control and Community Protection Act,
unless prescribed by a physician, and shall submit samples
of the minor's blood or urine or both for tests to
determine the presence of any illicit drug; or
(u) comply with other conditions as may be ordered by
the court.
(3) The court may as a condition of probation or of
conditional discharge require that a minor found guilty on any
alcohol, cannabis, methamphetamine, or controlled substance
violation, refrain from acquiring a driver's license during
the period of probation or conditional discharge. If the minor
is in possession of a permit or license, the court may require
that the minor refrain from driving or operating any motor
vehicle during the period of probation or conditional
discharge, except as may be necessary in the course of the
minor's lawful employment.
(3.5) The court shall, as a condition of probation or of
conditional discharge, require that a minor found to be guilty

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and placed on probation for reasons that include a violation
of Section 3.02 or Section 3.03 of the Humane Care for Animals
Act or paragraph (4) of subsection (a) of Section 21-1 of the
Criminal Code of 2012 undergo medical or psychiatric treatment
rendered by a psychiatrist or psychological treatment rendered
by a clinical psychologist. The condition may be in addition
to any other condition.
(3.10) The court shall order that a minor placed on
probation or conditional discharge for a sex offense as
defined in the Sex Offender Management Board Act undergo and
successfully complete sex offender treatment. The treatment
shall be in conformance with the standards developed under the
Sex Offender Management Board Act and conducted by a treatment
provider approved by the Board.
(4) A minor on probation or conditional discharge shall be
given a certificate setting forth the conditions upon which
the minor is being released.
(5) (Blank).
(5.5) Jurisdiction over an offender may be transferred
from the sentencing court to the court of another circuit with
the concurrence of both courts. Further transfers or
retransfers of jurisdiction are also authorized in the same
manner. The court to which jurisdiction has been transferred
shall have the same powers as the sentencing court.
If the transfer case originated in another state and has
been transferred under the Interstate Compact for Juveniles to

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the jurisdiction of an Illinois circuit court for supervision
by an Illinois probation department, probation fees may be
imposed only if permitted by the Interstate Commission for
Juveniles.
(6) The General Assembly finds that in order to protect
the public, the juvenile justice system must compel compliance
with the conditions of probation by responding to violations
with swift, certain, and fair punishments and intermediate
sanctions. The Chief Judge of each circuit shall adopt a
system of structured, intermediate sanctions for violations of
the terms and conditions of a sentence of supervision,
probation, or conditional discharge, under this Act.
The court shall provide as a condition of a disposition of
probation, conditional discharge, or supervision, that the
probation agency may invoke any sanction from the list of
intermediate sanctions adopted by the chief judge of the
circuit court for violations of the terms and conditions of
the sentence of probation, conditional discharge, or
supervision, subject to the provisions of Section 5-720 of
this Act.
(6.5) The court shall require a minor to participate in
social service programs offered through juvenile probation and
comply with referral recommendations for no less than 3 months
if the minor:
(i) has previously been placed on probation for an
offense that involves the possession or discharge of a

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firearm not causing any injury; and
(ii) is convicted of a subsequent offense involving
the possession or discharge of a firearm not causing any
injury.
If the minor does not complete the referral
recommendations, the court shall commit the minor to the
Department of Juvenile Justice to complete the recommended
services.
(7) Fines and assessments, including any fee or
administrative cost authorized under Section 5-4.5-105,
5-5-10, 5-6-3, 5-6-3.1, 5-7-6, 5-9-1.4, or 5-9-1.9 of the
Unified Code of Corrections, shall not be ordered or imposed
on a minor or the minor's parent, guardian, or legal custodian
as a condition of probation, conditional discharge, or
supervision. If the minor or the minor's parent, guardian, or
legal custodian is unable to cover the cost of a condition
under this subsection, the court shall not preclude the minor
from receiving probation, conditional discharge, or
supervision based on the inability to pay. Inability to pay
shall not be grounds to object to the minor's placement on
probation, conditional discharge, or supervision.
(Source: P.A. 103-22, eff. 8-8-23; 103-379, eff. 7-28-23;
revised 9-25-23.)
(705 ILCS 405/5-750)
Sec. 5-750. Commitment to the Department of Juvenile

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Justice.
(1) Except as provided in subsection (2) of this Section,
when any delinquent has been adjudged a ward of the court under
this Act, the court may commit the minor to the Department of
Juvenile Justice, if it finds that (a) the minor's parents,
guardian or legal custodian are unfit or are unable, for some
reason other than financial circumstances alone, to care for,
protect, train or discipline the minor, or are unwilling to do
so, and the best interests of the minor and the public will not
be served by placement under Section 5-740, or it is necessary
to ensure the protection of the public from the consequences
of criminal activity of the delinquent; and (b) commitment to
the Department of Juvenile Justice is the least restrictive
alternative based on evidence that efforts were made to locate
less restrictive alternatives to secure confinement and the
reasons why efforts were unsuccessful in locating a less
restrictive alternative to secure confinement. Before the
court commits a minor to the Department of Juvenile Justice,
it shall make a finding that secure confinement is necessary,
following a review of the following individualized factors:
(A) Age of the minor.
(B) Criminal background of the minor.
(C) Review of results of any assessments of the minor,
including child centered assessments such as the CANS.
(D) Educational background of the minor, indicating
whether the minor has ever been assessed for a learning

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disability, and if so what services were provided as well
as any disciplinary incidents at school.
(E) Physical, mental and emotional health of the
minor, indicating whether the minor has ever been
diagnosed with a health issue and if so what services were
provided and whether the minor was compliant with
services.
(F) Community based services that have been provided
to the minor, and whether the minor was compliant with the
services, and the reason the services were unsuccessful.
(G) Services within the Department of Juvenile Justice
that will meet the individualized needs of the minor.
(1.5) Before the court commits a minor to the Department
of Juvenile Justice, the court must find reasonable efforts
have been made to prevent or eliminate the need for the minor
to be removed from the home, or reasonable efforts cannot, at
this time, for good cause, prevent or eliminate the need for
removal, and removal from home is in the best interests of the
minor, the minor's family, and the public.
(2) When a minor of the age of at least 13 years is
adjudged delinquent for the offense of first degree murder,
the court shall declare the minor a ward of the court and order
the minor committed to the Department of Juvenile Justice
until the minor's 21st birthday, without the possibility of
aftercare release, furlough, or non-emergency authorized
absence for a period of 5 years from the date the minor was

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committed to the Department of Juvenile Justice, except that
the time that a minor spent in custody for the instant offense
before being committed to the Department of Juvenile Justice
shall be considered as time credited towards that 5 year
period. Upon release from a Department facility, a minor
adjudged delinquent for first degree murder shall be placed on
aftercare release until the age of 21, unless sooner
discharged from aftercare release or custodianship is
otherwise terminated in accordance with this Act or as
otherwise provided for by law. Nothing in this subsection (2)
shall preclude the State's Attorney from seeking to prosecute
a minor as an adult as an alternative to proceeding under this
Act.
(2.5) A minor convicted of a subsequent offense involving
the use or possession of a firearm causing serious injury,
great bodily harm, or death shall be confined to the
Department of Juvenile Justice with the Department providing
services, including, but not limited to, education, mental
health services, drug treatment, and mentoring.
(3) Except as provided in subsections subsection (2) and
(2.5), the commitment of a delinquent to the Department of
Juvenile Justice shall be for an indeterminate term which
shall automatically terminate upon the delinquent attaining
the age of 21 years or upon completion of that period for which
an adult could be committed for the same act, whichever occurs
sooner, unless the delinquent is sooner discharged from

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aftercare release or custodianship is otherwise terminated in
accordance with this Act or as otherwise provided for by law.
(3.5) Every delinquent minor committed to the Department
of Juvenile Justice under this Act shall be eligible for
aftercare release without regard to the length of time the
minor has been confined or whether the minor has served any
minimum term imposed. Aftercare release shall be administered
by the Department of Juvenile Justice, under the direction of
the Director. Unless sooner discharged, the Department of
Juvenile Justice shall discharge a minor from aftercare
release upon completion of the following aftercare release
terms:
(a) One and a half years from the date a minor is
released from a Department facility, if the minor was
committed for a Class X felony;
(b) One year from the date a minor is released from a
Department facility, if the minor was committed for a
Class 1 or 2 felony; and
(c) Six months from the date a minor is released from a
Department facility, if the minor was committed for a
Class 3 felony or lesser offense.
(4) When the court commits a minor to the Department of
Juvenile Justice, it shall order the minor conveyed forthwith
to the appropriate reception station or other place designated
by the Department of Juvenile Justice, and shall appoint the
Director of Juvenile Justice legal custodian of the minor. The

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clerk of the court shall issue to the Director of Juvenile
Justice a certified copy of the order, which constitutes proof
of the Director's authority. No other process need issue to
warrant the keeping of the minor.
(5) If a minor is committed to the Department of Juvenile
Justice, the clerk of the court shall forward to the
Department:
(a) the sentencing order and copies of committing
petition;
(b) all reports;
(c) the court's statement of the basis for ordering
the disposition;
(d) any sex offender evaluations;
(e) any risk assessment or substance abuse treatment
eligibility screening and assessment of the minor by an
agent designated by the State to provide assessment
services for the courts;
(f) the number of days, if any, which the minor has
been in custody and for which the minor is entitled to
credit against the sentence, which information shall be
provided to the clerk by the sheriff;
(g) any medical or mental health records or summaries
of the minor;
(h) the municipality where the arrest of the minor
occurred, the commission of the offense occurred, and the
minor resided at the time of commission;

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(h-5) a report detailing the minor's criminal history
in a manner and form prescribed by the Department of
Juvenile Justice;
(i) all additional matters which the court directs the
clerk to transmit; and
(j) all police reports for sex offenses as defined by
the Sex Offender Management Board Act.
(6) Whenever the Department of Juvenile Justice lawfully
discharges from its custody and control a minor committed to
it, the Director of Juvenile Justice shall petition the court
for an order terminating the minor's custodianship. The
custodianship shall terminate automatically 30 days after
receipt of the petition unless the court orders otherwise.
(7) If, while on aftercare release, a minor committed to
the Department of Juvenile Justice who resides in this State
is charged under the criminal laws of this State, the criminal
laws of any other state, or federal law with an offense that
could result in a sentence of imprisonment within the
Department of Corrections, the penal system of any state, or
the federal Bureau of Prisons, the commitment to the
Department of Juvenile Justice and all rights and duties
created by that commitment are automatically suspended pending
final disposition of the criminal charge. If the minor is
found guilty of the criminal charge and sentenced to a term of
imprisonment in the penitentiary system of the Department of
Corrections, the penal system of any state, or the federal

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Bureau of Prisons, the commitment to the Department of
Juvenile Justice shall be automatically terminated. If the
criminal charge is dismissed, the minor is found not guilty,
or the minor completes a criminal sentence other than
imprisonment within the Department of Corrections, the penal
system of any state, or the federal Bureau of Prisons, the
previously imposed commitment to the Department of Juvenile
Justice and the full aftercare release term shall be
automatically reinstated unless custodianship is sooner
terminated. Nothing in this subsection (7) shall preclude the
court from ordering another sentence under Section 5-710 of
this Act or from terminating the Department's custodianship
while the commitment to the Department is suspended.
(Source: P.A. 102-350, eff. 8-13-21; 103-22, eff. 8-8-23.)
Section 10. The Criminal Code of 2012 is amended by
changing Sections 24-1.1 and 24-1.6 as follows:
(720 ILCS 5/24-1.1) (from Ch. 38, par. 24-1.1)
Sec. 24-1.1. Unlawful use or possession of weapons by
felons or persons in the custody of the Department of
Corrections facilities.
(a) It is unlawful for a person to knowingly possess on or
about his person or on his land or in his own abode or fixed
place of business any weapon prohibited under Section 24-1 of
this Act or any firearm or any firearm ammunition if the person

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has been convicted of a felony under the laws of this State or
any other jurisdiction. This Section shall not apply if the
person has been granted relief by the Director of the Illinois
State Police under Section 10 of the Firearm Owners
Identification Card Act.
(b) It is unlawful for any person confined in a penal
institution, which is a facility of the Illinois Department of
Corrections, to possess any weapon prohibited under Section
24-1 of this Code or any firearm or firearm ammunition,
regardless of the intent with which he possesses it.
(c) It shall be an affirmative defense to a violation of
subsection (b), that such possession was specifically
authorized by rule, regulation, or directive of the Illinois
Department of Corrections or order issued pursuant thereto.
(d) The defense of necessity is not available to a person
who is charged with a violation of subsection (b) of this
Section.
(e) Sentence. Violation of this Section by a person not
confined in a penal institution shall be a Class 3 felony for
which the person shall be sentenced to no less than 2 years and
no more than 10 years. A second or subsequent violation of this
Section shall be a Class 2 felony for which the person shall be
sentenced to a term of imprisonment of not less than 3 years
and not more than 14 years, except as provided for in Section
5-4.5-110.1 5-4.5-110 of the Unified Code of Corrections.
Violation of this Section by a person not confined in a penal

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institution who has been convicted of a forcible felony, a
felony violation of Article 24 of this Code or of the Firearm
Owners Identification Card Act, stalking or aggravated
stalking, or a Class 2 or greater felony under the Illinois
Controlled Substances Act, the Cannabis Control Act, or the
Methamphetamine Control and Community Protection Act is a
Class 2 felony for which the person shall be sentenced to not
less than 3 years and not more than 14 years, except as
provided for in Section 5-4.5-110.1 5-4.5-110 of the Unified
Code of Corrections. Violation of this Section by a person who
is on parole or mandatory supervised release is a Class 2
felony for which the person shall be sentenced to not less than
3 years and not more than 14 years, except as provided for in
Section 5-4.5-110.1 5-4.5-110 of the Unified Code of
Corrections. Violation of this Section by a person not
confined in a penal institution is a Class X felony when the
firearm possessed is a machine gun. Any person who violates
this Section while confined in a penal institution, which is a
facility of the Illinois Department of Corrections, is guilty
of a Class 1 felony, if he possesses any weapon prohibited
under Section 24-1 of this Code regardless of the intent with
which he possesses it, a Class X felony if he possesses any
firearm, firearm ammunition or explosive, and a Class X felony
for which the offender shall be sentenced to not less than 12
years and not more than 50 years when the firearm possessed is
a machine gun. A violation of this Section while wearing or in

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possession of body armor as defined in Section 33F-1 is a Class
X felony punishable by a term of imprisonment of not less than
10 years and not more than 40 years. The possession of each
firearm or firearm ammunition in violation of this Section
constitutes a single and separate violation.
(Source: P.A. 102-538, eff. 8-20-21.)
(720 ILCS 5/24-1.6)
Sec. 24-1.6. Aggravated unlawful use of a weapon.
(a) A person commits the offense of aggravated unlawful
use of a weapon when he or she knowingly:
(1) Carries on or about his or her person or in any
vehicle or concealed on or about his or her person except
when on his or her land or in his or her abode, legal
dwelling, or fixed place of business, or on the land or in
the legal dwelling of another person as an invitee with
that person's permission, any pistol, revolver, stun gun
or taser or other firearm; or
(2) Carries or possesses on or about his or her
person, upon any public street, alley, or other public
lands within the corporate limits of a city, village or
incorporated town, except when an invitee thereon or
therein, for the purpose of the display of such weapon or
the lawful commerce in weapons, or except when on his or
her own land or in his or her own abode, legal dwelling, or
fixed place of business, or on the land or in the legal

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dwelling of another person as an invitee with that
person's permission, any pistol, revolver, stun gun or
taser or other firearm; and
(3) One of the following factors is present:
(A) the firearm, other than a pistol, revolver, or
handgun, possessed was uncased, loaded, and
immediately accessible at the time of the offense; or
(A-5) the pistol, revolver, or handgun possessed
was uncased, loaded, and immediately accessible at the
time of the offense and the person possessing the
pistol, revolver, or handgun has not been issued a
currently valid license under the Firearm Concealed
Carry Act; or
(B) the firearm, other than a pistol, revolver, or
handgun, possessed was uncased, unloaded, and the
ammunition for the weapon was immediately accessible
at the time of the offense; or
(B-5) the pistol, revolver, or handgun possessed
was uncased, unloaded, and the ammunition for the
weapon was immediately accessible at the time of the
offense and the person possessing the pistol,
revolver, or handgun has not been issued a currently
valid license under the Firearm Concealed Carry Act;
or
(C) the person possessing the firearm has not been
issued a currently valid Firearm Owner's

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Identification Card; or
(D) the person possessing the weapon was
previously adjudicated a delinquent minor under the
Juvenile Court Act of 1987 for an act that if committed
by an adult would be a felony; or
(E) the person possessing the weapon was engaged
in a misdemeanor violation of the Cannabis Control
Act, in a misdemeanor violation of the Illinois
Controlled Substances Act, or in a misdemeanor
violation of the Methamphetamine Control and Community
Protection Act; or
(F) (blank); or
(G) the person possessing the weapon had an order
of protection issued against him or her within the
previous 2 years; or
(H) the person possessing the weapon was engaged
in the commission or attempted commission of a
misdemeanor involving the use or threat of violence
against the person or property of another; or
(I) the person possessing the weapon was under 21
years of age and in possession of a handgun, unless the
person under 21 is engaged in lawful activities under
the Wildlife Code or described in subsection
24-2(b)(1), (b)(3), or 24-2(f).
(a-5) "Handgun" as used in this Section has the meaning
given to it in Section 5 of the Firearm Concealed Carry Act.

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(b) "Stun gun or taser" as used in this Section has the
same definition given to it in Section 24-1 of this Code.
(c) This Section does not apply to or affect the
transportation or possession of weapons that:
(i) are broken down in a non-functioning state; or
(ii) are not immediately accessible; or
(iii) are unloaded and enclosed in a case, firearm
carrying box, shipping box, or other container by a person
who has been issued a currently valid Firearm Owner's
Identification Card.
(d) Sentence.
(1) Aggravated unlawful use of a weapon is a Class 4
felony; a second or subsequent offense is a Class 2 felony
for which the person shall be sentenced to a term of
imprisonment of not less than 3 years and not more than 7
years, except as provided for in Section 5-4.5-110.1
5-4.5-110 of the Unified Code of Corrections.
(2) Except as otherwise provided in paragraphs (3) and
(4) of this subsection (d), a first offense of aggravated
unlawful use of a weapon committed with a firearm by a
person 18 years of age or older where the factors listed in
both items (A) and (C) or both items (A-5) and (C) of
paragraph (3) of subsection (a) are present is a Class 4
felony, for which the person shall be sentenced to a term
of imprisonment of not less than one year and not more than
3 years.

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(3) Aggravated unlawful use of a weapon by a person
who has been previously convicted of a felony in this
State or another jurisdiction is a Class 2 felony for
which the person shall be sentenced to a term of
imprisonment of not less than 3 years and not more than 7
years, except as provided for in Section 5-4.5-110.1
5-4.5-110 of the Unified Code of Corrections.
(4) Aggravated unlawful use of a weapon while wearing
or in possession of body armor as defined in Section 33F-1
by a person who has not been issued a valid Firearms
Owner's Identification Card in accordance with Section 5
of the Firearm Owners Identification Card Act is a Class X
felony.
(e) The possession of each firearm in violation of this
Section constitutes a single and separate violation.
(Source: P.A. 100-3, eff. 1-1-18; 100-201, eff. 8-18-17.)
Section 15. The Unified Code of Corrections is amended by
changing Section 5-8-8 and by adding Section 5-4.5-110.1 as
follows:
(730 ILCS 5/5-4.5-110.1 new)
Sec. 5-4.5-110.1. SENTENCING GUIDELINES FOR INDIVIDUALS
WITH PRIOR FELONY FIREARM-RELATED OR OTHER SPECIFIED
CONVICTIONS.
(a) DEFINITIONS. For the purposes of this Section:

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"Firearm" has the meaning ascribed to it in Section
1.1 of the Firearm Owners Identification Card Act.
"Qualifying predicate offense" means the following
offenses under the Criminal Code of 2012:
(A) aggravated unlawful use of a weapon under
Section 24-1.6 or similar offense under the Criminal
Code of 1961, when the weapon is a firearm;
(B) unlawful use or possession of a weapon by a
felon under Section 24-1.1 or similar offense under
the Criminal Code of 1961, when the weapon is a
firearm;
(C) first degree murder under Section 9-1 or
similar offense under the Criminal Code of 1961;
(D) attempted first degree murder with a firearm
or similar offense under the Criminal Code of 1961;
(E) aggravated kidnapping with a firearm under
paragraph (6) or (7) of subsection (a) of Section 10-2
or similar offense under the Criminal Code of 1961;
(F) aggravated battery with a firearm under
subsection (e) of Section 12-3.05 or similar offense
under the Criminal Code of 1961;
(G) aggravated criminal sexual assault under
Section 11-1.30 or similar offense under the Criminal
Code of 1961;
(H) predatory criminal sexual assault of a child
under Section 11-1.40 or similar offense under the

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Criminal Code of 1961;
(I) armed robbery under Section 18-2 or similar
offense under the Criminal Code of 1961;
(J) vehicular hijacking under Section 18-3 or
similar offense under the Criminal Code of 1961;
(K) aggravated vehicular hijacking under Section
18-4 or similar offense under the Criminal Code of
1961;
(L) home invasion with a firearm under paragraph
(3), (4), or (5) of subsection (a) of Section 19-6 or
similar offense under the Criminal Code of 1961;
(M) aggravated discharge of a firearm under
Section 24-1.2 or similar offense under the Criminal
Code of 1961;
(N) aggravated discharge of a machine gun or a
firearm equipped with a device designed or used for
silencing the report of a firearm under Section
24-1.2-5 or similar offense under the Criminal Code of
1961;
(0) unlawful use of firearm projectiles under
Section 24-2.1 or similar offense under the Criminal
Code of 1961;
(P) manufacture, sale, or transfer of bullets or
shells represented to be armor piercing bullets,
dragon's breath shotgun shells, bolo shells, or
flechette shells under Section 24-2.2 or similar

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offense under the Criminal Code of 1961;
(Q) unlawful sale or delivery of firearms under
Section 24-3 or similar offense under the Criminal
Code of 1961;
(R) unlawful discharge of firearm projectiles
under Section 24-3.2 or similar offense under the
Criminal Code of 1961;
(S) unlawful sale or delivery of firearms on
school premises of any school under Section 24-3.3 or
similar offense under the Criminal Code of 1961;
(T) unlawful purchase of a firearm under Section
24-3.5 or similar offense under the Criminal Code of
1961;
(U) use of a stolen firearm in the commission of an
offense under Section 24-3.7 or similar offense under
the Criminal Code of 1961;
(V) possession of a stolen firearm under Section
24-3.8 or similar offense under the Criminal Code of
1961;
(W) aggravated possession of a stolen firearm
under Section 24-3.9 or similar offense under the
Criminal Code of 1961;
(X) gunrunning under Section 24-3A or similar
offense under the Criminal Code of 1961;
(Y) defacing identification marks of firearms
under Section 24-5 or similar offense under the

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Criminal Code of 1961; and
(Z) armed violence under Section 33A-2 or similar
offense under the Criminal Code of 1961.
(b) APPLICABILITY. For an offense committed on or after
the effective date of this amendatory Act of the 103rd General
Assembly, when a person is convicted of unlawful use or
possession of a weapon by a felon, when the weapon is a
firearm, or aggravated unlawful use of a weapon, when the
weapon is a firearm, after being previously convicted of a
qualifying predicate offense the person shall be subject to
the sentencing guidelines under this Section.
(c) SENTENCING GUIDELINES.
(1) When a person is convicted of unlawful use or
possession of a weapon by a felon, when the weapon is a
firearm, and that person has been previously convicted of
a qualifying predicate offense, the person shall be
sentenced to a term of imprisonment within the sentencing
range of not less than 7 years and not more than 14 years,
unless the court finds that a departure from the
sentencing guidelines under this paragraph is warranted
under subsection (d) of this Section.
(2) When a person is convicted of aggravated unlawful
use of a weapon, when the weapon is a firearm, and that
person has been previously convicted of a qualifying
predicate offense, the person shall be sentenced to a term
of imprisonment within the sentencing range of not less

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than 6 years and not more than 7 years, unless the court
finds that a departure from the sentencing guidelines
under this paragraph is warranted under subsection (d) of
this Section.
(3) The sentencing guidelines in paragraphs (1) and
(2) of this subsection (c) apply only to offenses
committed on and after the effective date of this
amendatory Act of the 103rd General Assembly.
(d) DEPARTURE FROM SENTENCING GUIDELINES.
(1) At the sentencing hearing conducted under Section
5-4-1 of this Code, the court may depart from the
sentencing guidelines provided in subsection (c) of this
Section and impose a sentence otherwise authorized by law
for the offense if the court, after considering any factor
under paragraph (2) of this subsection (d) relevant to the
nature and circumstances of the crime and to the history
and character of the defendant, finds on the record
substantial and compelling justification that the sentence
within the sentencing guidelines would be unduly harsh and
that a sentence otherwise authorized by law would be
consistent with public safety and does not deprecate the
seriousness of the offense.
(2) In deciding whether to depart from the sentencing
guidelines under this paragraph, the court shall consider:
(A) the age, immaturity, or limited mental
capacity of the defendant at the time of commission of

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the qualifying predicate or current offense, including
whether the defendant was suffering from a mental or
physical condition insufficient to constitute a
defense but significantly reduced the defendant's
culpability;
(B) the nature and circumstances of the qualifying
predicate offense;
(C) the time elapsed since the qualifying
predicate offense;
(D) the nature and circumstances of the current
offense;
(E) the defendant's prior criminal history;
(F) whether the defendant committed the qualifying
predicate or current offense under specific and
credible duress, coercion, threat, or compulsion;
(G) whether the defendant aided in the
apprehension of another felon or testified truthfully
on behalf of another prosecution of a felony; and
(H) whether departure is in the interest of the
person's rehabilitation, including employment or
educational or vocational training, after taking into
account any past rehabilitation efforts or
dispositions of probation or supervision, and the
defendant's cooperation or response to rehabilitation.
(3) When departing from the sentencing guidelines
under this Section, the court shall specify on the record,

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the particular evidence, information, factor or factors,
or other reasons which led to the departure from the
sentencing guidelines. When departing from the sentencing
range in accordance with this subsection (d), the court
shall indicate on the sentencing order which departure
factor or factors outlined in paragraph (2) of this
subsection (d) led to the sentence imposed. The sentencing
order shall be filed with the clerk of the court and shall
be a public record.
(730 ILCS 5/5-8-8)
Sec. 5-8-8. Illinois Sentencing Policy Advisory Council.
(a) Creation. There is created under the jurisdiction of
the Governor the Illinois Sentencing Policy Advisory Council,
hereinafter referred to as the Council.
(b) Purposes and goals. The purpose of the Council is to
review sentencing policies and practices and examine how these
policies and practices impact the criminal justice system as a
whole in the State of Illinois. In carrying out its duties, the
Council shall be mindful of and aim to achieve the purposes of
sentencing in Illinois, which are set out in Section 1-1-2 of
this Code:
(1) prescribe sanctions proportionate to the
seriousness of the offenses and permit the recognition of
differences in rehabilitation possibilities among
individual offenders;

HB4453 - 30 - LRB103 35384 RLC 65449 b
(2) forbid and prevent the commission of offenses;
(3) prevent arbitrary or oppressive treatment of
persons adjudicated offenders or delinquents; and
(4) restore offenders to useful citizenship.
(c) Council composition.
(1) The Council shall consist of the following
members:
(A) the President of the Senate, or his or her
designee;
(B) the Minority Leader of the Senate, or his or
her designee;
(C) the Speaker of the House, or his or her
designee;
(D) the Minority Leader of the House, or his or her
designee;
(E) the Governor, or his or her designee;
(F) the Attorney General, or his or her designee;
(G) two retired judges, who may have been circuit,
appellate, or supreme court judges; retired judges
shall be selected by the members of the Council
designated in clauses (c)(1)(A) through (L);
(G-5) (blank);
(H) the Cook County State's Attorney, or his or
her designee;
(I) the Cook County Public Defender, or his or her
designee;

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(J) a State's Attorney not from Cook County,
appointed by the State's Attorney's Appellate
Prosecutor;
(K) the State Appellate Defender, or his or her
designee;
(L) the Director of the Administrative Office of
the Illinois Courts, or his or her designee;
(M) a victim of a violent felony or a
representative of a crime victims' organization,
selected by the members of the Council designated in
clauses (c)(1)(A) through (L);
(N) a representative of a community-based
organization, selected by the members of the Council
designated in clauses (c)(1)(A) through (L);
(O) a criminal justice academic researcher, to be
selected by the members of the Council designated in
clauses (c)(1)(A) through (L);
(P) a representative of law enforcement from a
unit of local government to be selected by the members
of the Council designated in clauses (c)(1)(A) through
(L);
(Q) a sheriff outside of Cook County selected by
the members of the Council designated in clauses
(c)(1)(A) through (L); and
(R) ex-officio members shall include:
(i) the Director of Corrections, or his or her

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designee;
(ii) the Chair of the Prisoner Review Board,
or his or her designee;
(iii) the Director of the Illinois State
Police, or his or her designee;
(iv) the Director of the Illinois Criminal
Justice Information Authority, or his or her
designee; and
(v) the Cook County Sheriff, or his or her
designee.
(1.5) The Chair and Vice Chair shall be elected from
among its members by a majority of the members of the
Council.
(2) Members of the Council who serve because of their
public office or position, or those who are designated as
members by such officials, shall serve only as long as
they hold such office or position.
(3) Council members shall serve without compensation
but shall be reimbursed for travel and per diem expenses
incurred in their work for the Council.
(4) The Council may exercise any power, perform any
function, take any action, or do anything in furtherance
of its purposes and goals upon the appointment of a quorum
of its members. The term of office of each member of the
Council ends on the date of repeal of this amendatory Act
of the 96th General Assembly.

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(5) The Council shall determine the qualifications for
and hire the Executive Director.
(d) Duties. The Council shall perform, as resources
permit, duties including:
(1) Collect and analyze information including
sentencing data, crime trends, and existing correctional
resources to support legislative and executive action
affecting the use of correctional resources on the State
and local levels.
(2) Prepare criminal justice population projections
annually, including correctional and community-based
supervision populations.
(3) Analyze data relevant to proposed sentencing
legislation and its effect on current policies or
practices, and provide information to support
evidence-based sentencing.
(4) Ensure that adequate resources and facilities are
available for carrying out sentences imposed on offenders
and that rational priorities are established for the use
of those resources. To do so, the Council shall prepare
criminal justice resource statements, identifying the
fiscal and practical effects of proposed criminal
sentencing legislation, including, but not limited to, the
correctional population, court processes, and county or
local government resources.
(4.5) Study and conduct a thorough analysis of

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sentencing under Section 5-4.5-110.1 5-4.5-110 of this
Code. The Sentencing Policy Advisory Council shall provide
annual reports to the Governor and General Assembly,
including the total number of persons sentenced under
Section 5-4.5-110.1 5-4.5-110 of this Code, the total
number of departures from sentences under Section
5-4.5-110.1 5-4.5-110 of this Code, and an analysis of
trends in sentencing and departures. On or before December
31, 2022, the Sentencing Policy Advisory Council shall
provide a report to the Governor and General Assembly on
the effectiveness of sentencing under Section 5-4.5-110 of
this Code, including recommendations on whether sentencing
under Section 5-4.5-110 of this Code should be adjusted or
continued.
(5) Perform such other studies or tasks pertaining to
sentencing policies as may be requested by the Governor or
the Illinois General Assembly.
(6) Perform such other functions as may be required by
law or as are necessary to carry out the purposes and goals
of the Council prescribed in subsection (b).
(7) Publish a report on the trends in sentencing for
offenders described in subsection (b-1) of Section 5-4-1
of this Code, the impact of the trends on the prison and
probation populations, and any changes in the racial
composition of the prison and probation populations that
can be attributed to the changes made by adding subsection

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(b-1) of Section 5-4-1 to this Code by Public Act 99-861.
(e) Authority.
(1) The Council shall have the power to perform the
functions necessary to carry out its duties, purposes and
goals under this Act. In so doing, the Council shall
utilize information and analysis developed by the Illinois
Criminal Justice Information Authority, the Administrative
Office of the Illinois Courts, and the Illinois Department
of Corrections.
(2) Upon request from the Council, each executive
agency and department of State and local government shall
provide information and records to the Council in the
execution of its duties.
(f) Report. The Council shall report in writing annually
to the General Assembly, the Illinois Supreme Court, and the
Governor.
(g) (Blank).
(Source: P.A. 100-3, eff. 1-1-18; 100-201, eff. 8-18-17;
101-279, eff. 8-9-19.)