Bill Text: IL HB5010 | 2019-2020 | 101st General Assembly | Introduced
Bill Title: Amends the Unified Code of Corrections. Eliminates extended term sentences. Amends the Illinois Vehicle Code and the Criminal Code of 2012 to make conforming changes. Effective immediately.
Spectrum: Partisan Bill (Democrat 6-0)
Status: (Introduced - Dead) 2020-08-12 - Added Co-Sponsor Rep. Anne Stava-Murray [HB5010 Detail]
Download: Illinois-2019-HB5010-Introduced.html
| ||||||||||||||||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||||||||||||||
1 | AN ACT concerning criminal law.
| |||||||||||||||||||||||||||||||||||||||||||||
2 | Be it enacted by the People of the State of Illinois,
| |||||||||||||||||||||||||||||||||||||||||||||
3 | represented in the General Assembly:
| |||||||||||||||||||||||||||||||||||||||||||||
4 | Section 5. The Illinois Vehicle Code is amended by changing | |||||||||||||||||||||||||||||||||||||||||||||
5 | Section 6-303 as follows:
| |||||||||||||||||||||||||||||||||||||||||||||
6 | (625 ILCS 5/6-303) (from Ch. 95 1/2, par. 6-303)
| |||||||||||||||||||||||||||||||||||||||||||||
7 | Sec. 6-303. Driving while driver's license, permit, or | |||||||||||||||||||||||||||||||||||||||||||||
8 | privilege to
operate a motor vehicle is suspended or revoked.
| |||||||||||||||||||||||||||||||||||||||||||||
9 | (a) Except as otherwise provided in subsection (a-5) or | |||||||||||||||||||||||||||||||||||||||||||||
10 | (a-7), any person who drives or is in actual physical control | |||||||||||||||||||||||||||||||||||||||||||||
11 | of a motor
vehicle on any highway of this State at a time when | |||||||||||||||||||||||||||||||||||||||||||||
12 | such person's driver's
license, permit, or privilege to do so | |||||||||||||||||||||||||||||||||||||||||||||
13 | or the privilege to obtain a driver's
license or permit is | |||||||||||||||||||||||||||||||||||||||||||||
14 | revoked or suspended as provided by this Code or the law
of | |||||||||||||||||||||||||||||||||||||||||||||
15 | another state, except as may be specifically allowed by a | |||||||||||||||||||||||||||||||||||||||||||||
16 | judicial driving
permit issued prior to January 1, 2009, | |||||||||||||||||||||||||||||||||||||||||||||
17 | monitoring device driving permit, family financial | |||||||||||||||||||||||||||||||||||||||||||||
18 | responsibility driving permit, probationary
license to drive, | |||||||||||||||||||||||||||||||||||||||||||||
19 | or a restricted driving permit issued pursuant to this Code
or | |||||||||||||||||||||||||||||||||||||||||||||
20 | under the law of another state, shall be guilty of a Class A | |||||||||||||||||||||||||||||||||||||||||||||
21 | misdemeanor.
| |||||||||||||||||||||||||||||||||||||||||||||
22 | (a-3) A second or subsequent violation of subsection (a) of | |||||||||||||||||||||||||||||||||||||||||||||
23 | this Section is a Class 4 felony if committed by a person whose |
| |||||||
| |||||||
1 | driving or operation of a motor vehicle is the proximate cause | ||||||
2 | of a motor vehicle accident that causes personal injury or | ||||||
3 | death to another. For purposes of this subsection, a personal | ||||||
4 | injury includes any Type A injury as indicated on the traffic | ||||||
5 | accident report completed by a law enforcement officer that | ||||||
6 | requires immediate professional attention in either a doctor's | ||||||
7 | office or a medical facility. A Type A injury includes severe | ||||||
8 | bleeding wounds, distorted extremities, and injuries that | ||||||
9 | require the injured party to be carried from the scene. | ||||||
10 | (a-5) Any person who violates this Section as provided in | ||||||
11 | subsection (a) while his or her driver's license, permit, or | ||||||
12 | privilege is revoked because of a violation of Section 9-3 of | ||||||
13 | the Criminal Code of 1961 or the Criminal Code of 2012, | ||||||
14 | relating to the offense of reckless homicide, or a violation of | ||||||
15 | subparagraph (F) of paragraph (1) of subsection (d) of Section | ||||||
16 | 11-501 of this Code, relating to the offense of aggravated | ||||||
17 | driving under the influence of alcohol, other drug or drugs, or | ||||||
18 | intoxicating compound or compounds, or any combination thereof | ||||||
19 | when the violation was a proximate cause of a death, or a | ||||||
20 | similar provision of a law of another state, is guilty of a | ||||||
21 | Class 4 felony. The person shall be required to undergo a | ||||||
22 | professional evaluation, as provided in Section 11-501 of this | ||||||
23 | Code, to determine if an alcohol, drug, or intoxicating | ||||||
24 | compound problem exists and the extent of the problem, and to | ||||||
25 | undergo the imposition of treatment as appropriate.
| ||||||
26 | (a-7) Any person who violates this Section as provided in |
| |||||||
| |||||||
1 | subsection (a) while his or her driver's license or privilege | ||||||
2 | to drive is suspended under Section 6-306.5 or 7-702 of this | ||||||
3 | Code shall receive a Uniform Traffic Citation from the law | ||||||
4 | enforcement officer. A person who receives 3 or more Uniform | ||||||
5 | Traffic Citations under this subsection (a-7) without paying | ||||||
6 | any fees associated with the citations shall be guilty of a | ||||||
7 | Class A misdemeanor. | ||||||
8 | (a-10) A person's driver's license, permit, or privilege to | ||||||
9 | obtain a driver's license or permit may be subject to multiple | ||||||
10 | revocations, multiple suspensions, or any combination of both | ||||||
11 | simultaneously. No revocation or suspension shall serve to | ||||||
12 | negate, invalidate, cancel, postpone, or in any way lessen the | ||||||
13 | effect of any other revocation or suspension entered prior or | ||||||
14 | subsequent to any other revocation or suspension. | ||||||
15 | (b) (Blank). | ||||||
16 | (b-1) Except for a person under subsection (a-7) of this | ||||||
17 | Section, upon receiving a report of the conviction of any | ||||||
18 | violation indicating a person was operating a motor vehicle | ||||||
19 | during the time when the person's driver's license, permit, or | ||||||
20 | privilege was suspended by the Secretary of State or the | ||||||
21 | driver's licensing administrator of another state, except as | ||||||
22 | specifically allowed by a probationary license, judicial | ||||||
23 | driving permit, restricted driving permit, or monitoring | ||||||
24 | device driving permit, the Secretary shall extend the | ||||||
25 | suspension for the same period of time as the originally | ||||||
26 | imposed suspension unless the suspension has already expired, |
| |||||||
| |||||||
1 | in which case the Secretary shall be authorized to suspend the | ||||||
2 | person's driving privileges for the same period of time as the | ||||||
3 | originally imposed suspension. | ||||||
4 | (b-2) Except as provided in subsection (b-6) or (a-7), upon | ||||||
5 | receiving a report of the conviction of any violation | ||||||
6 | indicating a person was operating a motor vehicle when the | ||||||
7 | person's driver's license, permit, or privilege was revoked by | ||||||
8 | the Secretary of State or the driver's license administrator of | ||||||
9 | any other state, except as specifically allowed by a restricted | ||||||
10 | driving permit issued pursuant to this Code or the law of | ||||||
11 | another state, the Secretary shall not issue a driver's license | ||||||
12 | for an additional period of one year from the date of such | ||||||
13 | conviction indicating such person was operating a vehicle | ||||||
14 | during such period of revocation. | ||||||
15 | (b-3) (Blank).
| ||||||
16 | (b-4) When the Secretary of State receives a report of a | ||||||
17 | conviction of any violation indicating a person was operating a | ||||||
18 | motor vehicle that was not equipped with an ignition interlock | ||||||
19 | device during a time when the person was prohibited from | ||||||
20 | operating a motor vehicle not equipped with such a device, the | ||||||
21 | Secretary shall not issue a driver's license to that person for | ||||||
22 | an additional period of one year from the date of the | ||||||
23 | conviction.
| ||||||
24 | (b-5) Any person convicted of violating this Section shall | ||||||
25 | serve a minimum
term of imprisonment of 30 consecutive days or | ||||||
26 | 300
hours of community service
when the person's driving |
| |||||||
| |||||||
1 | privilege was revoked or suspended as a result of a violation | ||||||
2 | of Section 9-3 of the Criminal Code of 1961 or the Criminal | ||||||
3 | Code of 2012,
relating to the offense of reckless homicide, or | ||||||
4 | a violation of subparagraph (F) of paragraph (1) of subsection | ||||||
5 | (d) of Section 11-501 of this Code, relating to the offense of | ||||||
6 | aggravated driving under the influence of alcohol, other drug | ||||||
7 | or drugs, or intoxicating compound or compounds, or any | ||||||
8 | combination thereof when the violation was a proximate cause of | ||||||
9 | a death, or a similar provision of a law of another state.
The | ||||||
10 | court may give credit toward the fulfillment of community | ||||||
11 | service hours for participation in activities and treatment as | ||||||
12 | determined by court services. | ||||||
13 | (b-6) Upon receiving a report of a first conviction of | ||||||
14 | operating a motor vehicle while the person's driver's license, | ||||||
15 | permit, or privilege was revoked where the revocation was for a | ||||||
16 | violation of Section 9-3 of the Criminal Code of 1961 or the | ||||||
17 | Criminal Code of 2012 relating to the offense of reckless | ||||||
18 | homicide, or a violation of subparagraph (F) of paragraph (1) | ||||||
19 | of subsection (d) of Section 11-501 of this Code, relating to | ||||||
20 | the offense of aggravated driving under the influence of | ||||||
21 | alcohol, other drug or drugs, or intoxicating compound or | ||||||
22 | compounds, or any combination thereof when the violation was a | ||||||
23 | proximate cause of a death, or a similar out-of-state offense, | ||||||
24 | the Secretary shall not issue a driver's license for an | ||||||
25 | additional period of 3 years from the date of such conviction. | ||||||
26 | (c) Except as provided in subsections (c-3) and (c-4), any |
| |||||||
| |||||||
1 | person convicted of violating this Section shall serve a | ||||||
2 | minimum
term of imprisonment of 10 consecutive days or 30
days | ||||||
3 | of community service
when the person's driving privilege was | ||||||
4 | revoked or suspended as a result of:
| ||||||
5 | (1) a violation of Section 11-501 of this Code or a | ||||||
6 | similar provision
of a local ordinance relating to the | ||||||
7 | offense of operating or being in physical
control of a | ||||||
8 | vehicle while under the influence of alcohol, any other | ||||||
9 | drug
or any combination thereof; or
| ||||||
10 | (2) a violation of paragraph (b) of Section 11-401 of | ||||||
11 | this Code or a
similar provision of a local ordinance | ||||||
12 | relating to the offense of leaving the
scene of a motor | ||||||
13 | vehicle accident involving personal injury or death; or
| ||||||
14 | (3)
a statutory summary suspension or revocation under | ||||||
15 | Section 11-501.1 of this
Code.
| ||||||
16 | Such sentence of imprisonment or community service shall | ||||||
17 | not be subject
to suspension in order to reduce such sentence.
| ||||||
18 | (c-1) Except as provided in subsections (a-7), (c-5), and | ||||||
19 | (d), any person convicted of a
second violation of this Section | ||||||
20 | shall be ordered by the court to serve a
minimum
of 100 hours | ||||||
21 | of community service. The court may give credit toward the | ||||||
22 | fulfillment of community service hours for participation in | ||||||
23 | activities and treatment as determined by court services.
| ||||||
24 | (c-2) In addition to other penalties imposed under this | ||||||
25 | Section, the
court may impose on any person convicted a fourth | ||||||
26 | time of violating this
Section any of
the following:
|
| |||||||
| |||||||
1 | (1) Seizure of the license plates of the person's | ||||||
2 | vehicle.
| ||||||
3 | (2) Immobilization of the person's vehicle for a period | ||||||
4 | of time
to be determined by the court.
| ||||||
5 | (c-3) Any person convicted of a violation of this Section | ||||||
6 | during a period of summary suspension imposed pursuant to | ||||||
7 | Section 11-501.1 when the person was eligible for a monitoring | ||||||
8 | device driving permit shall be guilty of a Class 4 felony and | ||||||
9 | shall serve a minimum term of imprisonment of 30 days. | ||||||
10 | (c-4) Any person who has been issued a monitoring device | ||||||
11 | driving permit or a restricted driving permit which requires | ||||||
12 | the person to operate only motor vehicles equipped with an | ||||||
13 | ignition interlock device and who is convicted of a violation | ||||||
14 | of this Section as a result of operating or being in actual | ||||||
15 | physical control of a motor vehicle not equipped with an | ||||||
16 | ignition interlock device at the time of the offense shall be | ||||||
17 | guilty of a Class 4 felony and shall serve a minimum term of | ||||||
18 | imprisonment of 30 days.
| ||||||
19 | (c-5) Any person convicted of a second violation of this
| ||||||
20 | Section is guilty of a Class 2 felony, is not eligible for | ||||||
21 | probation or conditional discharge, and shall serve a mandatory | ||||||
22 | term of
imprisonment, if: | ||||||
23 | (1) the current violation occurred when the person's | ||||||
24 | driver's license was suspended or revoked for a violation | ||||||
25 | of Section 9-3 of the Criminal Code of 1961 or the Criminal | ||||||
26 | Code of 2012, relating
to the offense of reckless homicide, |
| |||||||
| |||||||
1 | or a violation of subparagraph (F) of paragraph (1) of | ||||||
2 | subsection (d) of Section 11-501 of this Code, relating to | ||||||
3 | the offense of aggravated driving under the influence of | ||||||
4 | alcohol, other drug or drugs, or intoxicating compound or | ||||||
5 | compounds, or any combination thereof when the violation | ||||||
6 | was a proximate cause of a death, or a similar out-of-state | ||||||
7 | offense; and | ||||||
8 | (2) the prior conviction under this Section occurred | ||||||
9 | while the person's driver's license was suspended or | ||||||
10 | revoked for a violation of Section 9-3 of the Criminal Code | ||||||
11 | of 1961 or the Criminal Code of 2012 relating to the | ||||||
12 | offense of reckless homicide, or a violation of | ||||||
13 | subparagraph (F) of paragraph (1) of subsection (d) of | ||||||
14 | Section 11-501 of this Code, relating to the offense of | ||||||
15 | aggravated driving under the influence of alcohol, other | ||||||
16 | drug or drugs, or intoxicating compound or compounds, or | ||||||
17 | any combination thereof when the violation was a proximate | ||||||
18 | cause of a death, or a similar out-of-state offense, or was | ||||||
19 | suspended or revoked for a violation of Section 11-401 or | ||||||
20 | 11-501 of this Code, a similar out-of-state offense, a | ||||||
21 | similar provision of a local ordinance, or a statutory | ||||||
22 | summary suspension or revocation under Section 11-501.1 of | ||||||
23 | this Code.
| ||||||
24 | (d) Any person convicted of a second violation of this
| ||||||
25 | Section shall be guilty of a Class 4 felony and shall serve a | ||||||
26 | minimum term of
imprisonment of 30 days or 300 hours of |
| |||||||
| |||||||
1 | community service, as determined by the
court, if: | ||||||
2 | (1) the current violation occurred when the person's | ||||||
3 | driver's license was suspended or revoked for a violation | ||||||
4 | of Section 11-401 or 11-501 of this Code,
a similar | ||||||
5 | out-of-state offense, a similar provision of a local
| ||||||
6 | ordinance, or a
statutory summary suspension or revocation | ||||||
7 | under Section 11-501.1 of this Code; and | ||||||
8 | (2) the prior conviction under this Section occurred | ||||||
9 | while the person's driver's license was suspended or | ||||||
10 | revoked for a violation of Section 11-401 or 11-501 of this | ||||||
11 | Code, a similar out-of-state offense, a similar provision | ||||||
12 | of a local ordinance, or a statutory summary suspension or | ||||||
13 | revocation under Section 11-501.1 of this Code, or for a | ||||||
14 | violation of Section 9-3 of the Criminal Code of 1961 or | ||||||
15 | the Criminal Code of 2012, relating to the offense of | ||||||
16 | reckless homicide, or a violation of subparagraph (F) of | ||||||
17 | paragraph (1) of subsection (d) of Section 11-501 of this | ||||||
18 | Code, relating to the offense of aggravated driving under | ||||||
19 | the influence of alcohol, other drug or drugs, or | ||||||
20 | intoxicating compound or compounds, or any combination | ||||||
21 | thereof when the violation was a proximate cause of a | ||||||
22 | death, or a similar out-of-state offense.
| ||||||
23 | The court may give credit toward the fulfillment of | ||||||
24 | community service hours for participation in activities and | ||||||
25 | treatment as determined by court services. | ||||||
26 | (d-1) Except as provided in subsections (a-7), (d-2), |
| |||||||
| |||||||
1 | (d-2.5), and (d-3), any
person convicted of
a third or | ||||||
2 | subsequent violation of this Section shall serve a minimum term | ||||||
3 | of
imprisonment of 30 days or 300 hours of community service, | ||||||
4 | as determined by the
court. The court may give credit toward | ||||||
5 | the fulfillment of community service hours for participation in | ||||||
6 | activities and treatment as determined by court services.
| ||||||
7 | (d-2) Any person convicted of a third violation of this
| ||||||
8 | Section is guilty of a Class 4 felony and must serve a minimum | ||||||
9 | term of
imprisonment of 30 days, if: | ||||||
10 | (1) the current violation occurred when the person's | ||||||
11 | driver's license was suspended or revoked for a violation | ||||||
12 | of Section 11-401 or 11-501 of this Code,
or a similar | ||||||
13 | out-of-state offense, or a similar provision of a local
| ||||||
14 | ordinance, or a
statutory summary suspension or revocation | ||||||
15 | under Section 11-501.1 of this Code; and | ||||||
16 | (2) the prior convictions under this Section occurred | ||||||
17 | while the person's driver's license was suspended or | ||||||
18 | revoked for a violation of Section 11-401 or 11-501 of this | ||||||
19 | Code, a similar out-of-state offense, a similar provision | ||||||
20 | of a local ordinance, or a statutory summary suspension or | ||||||
21 | revocation under Section 11-501.1 of this Code, or for a | ||||||
22 | violation of Section 9-3 of the Criminal Code of 1961 or | ||||||
23 | the Criminal Code of 2012, relating to the offense of | ||||||
24 | reckless homicide, or a violation of subparagraph (F) of | ||||||
25 | paragraph (1) of subsection (d) of Section 11-501 of this | ||||||
26 | Code, relating to the offense of aggravated driving under |
| |||||||
| |||||||
1 | the influence of alcohol, other drug or drugs, or | ||||||
2 | intoxicating compound or compounds, or any combination | ||||||
3 | thereof when the violation was a proximate cause of a | ||||||
4 | death, or a similar out-of-state offense.
| ||||||
5 | (d-2.5) Any person convicted of a third violation of this
| ||||||
6 | Section is guilty of a Class 1 felony, is not eligible for | ||||||
7 | probation or conditional discharge, and must serve a mandatory | ||||||
8 | term of
imprisonment, if: | ||||||
9 | (1) the current violation occurred while the person's | ||||||
10 | driver's license was suspended or revoked for a violation | ||||||
11 | of Section 9-3 of the Criminal Code of 1961 or the Criminal | ||||||
12 | Code of 2012, relating to the offense of reckless homicide, | ||||||
13 | or a violation of subparagraph (F) of paragraph (1) of | ||||||
14 | subsection (d) of Section 11-501 of this Code, relating to | ||||||
15 | the offense of aggravated driving under the influence of | ||||||
16 | alcohol, other drug or drugs, or intoxicating compound or | ||||||
17 | compounds, or any combination thereof when the violation | ||||||
18 | was a proximate cause of a death, or a similar out-of-state | ||||||
19 | offense.
The person's driving privileges shall be revoked | ||||||
20 | for the remainder of the person's life; and | ||||||
21 | (2) the prior convictions under this Section occurred | ||||||
22 | while the person's driver's license was suspended or | ||||||
23 | revoked for a violation of Section 9-3 of the Criminal Code | ||||||
24 | of 1961 or the Criminal Code of 2012, relating to the | ||||||
25 | offense of reckless homicide, or a violation of | ||||||
26 | subparagraph (F) of paragraph (1) of subsection (d) of |
| |||||||
| |||||||
1 | Section 11-501 of this Code, relating to the offense of | ||||||
2 | aggravated driving under the influence of alcohol, other | ||||||
3 | drug or drugs, or intoxicating compound or compounds, or | ||||||
4 | any combination thereof when the violation was a proximate | ||||||
5 | cause of a death, or a similar out-of-state offense, or was | ||||||
6 | suspended or revoked for a violation of Section 11-401 or | ||||||
7 | 11-501 of this Code, a similar out-of-state offense, a | ||||||
8 | similar provision of a local ordinance, or a statutory | ||||||
9 | summary suspension or revocation under Section 11-501.1 of | ||||||
10 | this Code. | ||||||
11 | (d-3) Any person convicted of a fourth, fifth, sixth, | ||||||
12 | seventh, eighth, or ninth violation of this
Section is guilty | ||||||
13 | of a Class 4 felony and must serve a minimum term of
| ||||||
14 | imprisonment of 180 days, if: | ||||||
15 | (1) the current violation occurred when the person's | ||||||
16 | driver's license was suspended or revoked for a
violation | ||||||
17 | of Section 11-401 or 11-501 of this Code, a similar | ||||||
18 | out-of-state
offense, a similar provision of a local | ||||||
19 | ordinance, or a statutory
summary suspension or revocation | ||||||
20 | under Section 11-501.1 of this Code; and | ||||||
21 | (2) the prior convictions under this Section occurred | ||||||
22 | while the person's driver's license was suspended or | ||||||
23 | revoked for a violation of Section 11-401 or 11-501 of this | ||||||
24 | Code, a similar out-of-state offense, a similar provision | ||||||
25 | of a local ordinance, or a statutory summary suspension or | ||||||
26 | revocation under Section 11-501.1 of this Code, or for a |
| |||||||
| |||||||
1 | violation of Section 9-3 of the Criminal Code of 1961 or | ||||||
2 | the Criminal Code of 2012, relating to the offense of | ||||||
3 | reckless homicide, or a violation of subparagraph (F) of | ||||||
4 | paragraph (1) of subsection (d) of Section 11-501 of this | ||||||
5 | Code, relating to the offense of aggravated driving under | ||||||
6 | the influence of alcohol, other drug or drugs, or | ||||||
7 | intoxicating compound or compounds, or any combination | ||||||
8 | thereof when the violation was a proximate cause of a | ||||||
9 | death, or a similar out-of-state offense.
| ||||||
10 | (d-3.5) Any person convicted of a fourth or subsequent | ||||||
11 | violation of this
Section is guilty of a Class 1 felony, is not | ||||||
12 | eligible for probation or conditional discharge, must serve a | ||||||
13 | mandatory term of
imprisonment , and is eligible for an extended | ||||||
14 | term, if: | ||||||
15 | (1) the current violation occurred when the person's | ||||||
16 | driver's license was suspended or revoked for a
violation | ||||||
17 | of Section 9-3 of the Criminal Code of 1961 or the Criminal | ||||||
18 | Code of 2012, relating to the offense of reckless homicide, | ||||||
19 | or a violation of subparagraph (F) of paragraph (1) of | ||||||
20 | subsection (d) of Section 11-501 of this Code, relating to | ||||||
21 | the offense of aggravated driving under the influence of | ||||||
22 | alcohol, other drug or drugs, or intoxicating compound or | ||||||
23 | compounds, or any combination thereof when the violation | ||||||
24 | was a proximate cause of a death, or a similar out-of-state | ||||||
25 | offense; and | ||||||
26 | (2) the prior convictions under this Section occurred |
| |||||||
| |||||||
1 | while the person's driver's license was suspended or | ||||||
2 | revoked for a violation of Section 9-3 of the Criminal Code | ||||||
3 | of 1961 or the Criminal Code of 2012, relating to the | ||||||
4 | offense of reckless homicide, or a violation of | ||||||
5 | subparagraph (F) of paragraph (1) of subsection (d) of | ||||||
6 | Section 11-501 of this Code, relating to the offense of | ||||||
7 | aggravated driving under the influence of alcohol, other | ||||||
8 | drug or drugs, or intoxicating compound or compounds, or | ||||||
9 | any combination thereof when the violation was a proximate | ||||||
10 | cause of a death, or a similar out-of-state offense, or was | ||||||
11 | suspended or revoked for a violation of Section 11-401 or | ||||||
12 | 11-501 of this Code, a similar out-of-state offense, a | ||||||
13 | similar provision of a local ordinance, or a statutory | ||||||
14 | summary suspension or revocation under Section 11-501.1 of | ||||||
15 | this Code.
| ||||||
16 | (d-4) Any person convicted of a tenth, eleventh, twelfth, | ||||||
17 | thirteenth, or fourteenth violation of this Section is guilty | ||||||
18 | of a Class 3 felony, and is not eligible for probation or | ||||||
19 | conditional discharge, if: | ||||||
20 | (1) the current violation occurred when the person's | ||||||
21 | driver's license was suspended or revoked for a violation | ||||||
22 | of Section 11-401 or 11-501 of this Code, or a similar | ||||||
23 | out-of-state offense, or a similar provision of a local | ||||||
24 | ordinance, or a statutory summary suspension or revocation | ||||||
25 | under Section 11-501.1 of this Code; and | ||||||
26 | (2) the prior convictions under this Section occurred |
| |||||||
| |||||||
1 | while the person's driver's license was suspended or | ||||||
2 | revoked for a violation of Section 11-401 or 11-501 of this | ||||||
3 | Code, a similar out-of-state offense, a similar provision | ||||||
4 | of a local ordinance, or a statutory suspension or | ||||||
5 | revocation under Section 11-501.1 of this Code, or for a | ||||||
6 | violation of Section 9-3 of the Criminal Code of 1961 or | ||||||
7 | the Criminal Code of 2012, relating to the offense of | ||||||
8 | reckless homicide, or a violation of subparagraph (F) of | ||||||
9 | paragraph (1) of subsection (d) of Section 11-501 of this | ||||||
10 | Code, relating to the offense of aggravated driving under | ||||||
11 | the influence of alcohol, other drug or drugs, or | ||||||
12 | intoxicating compound or compounds, or any combination | ||||||
13 | thereof when the violation was a proximate cause of a | ||||||
14 | death, or a similar out-of-state offense. | ||||||
15 | (d-5) Any person convicted of a fifteenth or subsequent | ||||||
16 | violation of this Section is guilty of a Class 2 felony, and is | ||||||
17 | not eligible for probation or conditional discharge, if: | ||||||
18 | (1) the current violation occurred when the person's | ||||||
19 | driver's license was suspended or revoked for a violation | ||||||
20 | of Section 11-401 or 11-501 of this Code, or a similar | ||||||
21 | out-of-state offense, or a similar provision of a local | ||||||
22 | ordinance, or a statutory summary suspension or revocation | ||||||
23 | under Section 11-501.1 of this Code; and | ||||||
24 | (2) the prior convictions under this Section occurred | ||||||
25 | while the person's driver's license was suspended or | ||||||
26 | revoked for a violation of Section 11-401 or 11-501 of this |
| |||||||
| |||||||
1 | Code, a similar out-of-state offense, a similar provision | ||||||
2 | of a local ordinance, or a statutory summary suspension or | ||||||
3 | revocation under Section 11-501.1 of this Code, or for a | ||||||
4 | violation of Section 9-3 of the Criminal Code of 1961 or | ||||||
5 | the Criminal Code of 2012, relating to the offense of | ||||||
6 | reckless homicide, or a violation of subparagraph (F) of | ||||||
7 | paragraph (1) of subsection (d) of Section 11-501 of this | ||||||
8 | Code, relating to the offense of aggravated driving under | ||||||
9 | the influence of alcohol, other drug or drugs, or | ||||||
10 | intoxicating compound or compounds, or any combination | ||||||
11 | thereof when the violation was a proximate cause of a | ||||||
12 | death, or a similar out-of-state offense.
| ||||||
13 | (e) Any person in violation of this Section who is also in | ||||||
14 | violation of
Section 7-601 of this Code relating to mandatory | ||||||
15 | insurance requirements, in
addition to other penalties imposed | ||||||
16 | under this Section, shall have his or her
motor vehicle | ||||||
17 | immediately impounded by the arresting law enforcement | ||||||
18 | officer.
The motor vehicle may be released to any licensed | ||||||
19 | driver upon a showing of
proof of insurance for the vehicle | ||||||
20 | that was impounded and the notarized written
consent for the | ||||||
21 | release by the vehicle owner.
| ||||||
22 | (f) For any prosecution under this Section, a certified | ||||||
23 | copy of the
driving abstract of the defendant shall be admitted | ||||||
24 | as proof of any prior
conviction.
| ||||||
25 | (g) The motor vehicle used in a violation of this Section | ||||||
26 | is subject
to seizure and forfeiture as provided in Sections |
| |||||||
| |||||||
1 | 36-1 and 36-2 of the
Criminal Code of 2012 if the person's | ||||||
2 | driving privilege was revoked
or suspended as a result of: | ||||||
3 | (1) a violation of Section 11-501 of this Code, a | ||||||
4 | similar provision
of a local ordinance, or a similar | ||||||
5 | provision of a law of another state; | ||||||
6 | (2) a violation of paragraph (b) of Section 11-401 of | ||||||
7 | this Code, a
similar provision of a local ordinance, or a | ||||||
8 | similar provision of a law of another state; | ||||||
9 | (3) a statutory summary suspension or revocation under | ||||||
10 | Section 11-501.1 of this
Code or a similar provision of a | ||||||
11 | law of another state; or | ||||||
12 | (4) a violation of Section 9-3 of the Criminal Code of | ||||||
13 | 1961 or the Criminal Code of 2012 relating to the offense | ||||||
14 | of reckless homicide, or a violation of subparagraph (F) of | ||||||
15 | paragraph (1) of subsection (d) of Section 11-501 of this | ||||||
16 | Code, relating to the offense of aggravated driving under | ||||||
17 | the influence of alcohol, other drug or drugs, or | ||||||
18 | intoxicating compound or compounds, or any combination | ||||||
19 | thereof when the violation was a proximate cause of a | ||||||
20 | death, or a similar provision of a law of another state.
| ||||||
21 | (Source: P.A. 100-149, eff. 1-1-18; 100-575, eff. 1-8-18; | ||||||
22 | 100-1004, eff. 1-1-19; 101-81, eff. 7-12-19.)
| ||||||
23 | Section 10. The Criminal Code of 2012 is amended by | ||||||
24 | changing Sections 9-3.3, 10-9, and 12-3.3 as follows:
|
| |||||||
| |||||||
1 | (720 ILCS 5/9-3.3) (from Ch. 38, par. 9-3.3)
| ||||||
2 | Sec. 9-3.3. Drug-induced homicide.
| ||||||
3 | (a) A person commits drug-induced homicide when he or she | ||||||
4 | violates Section
401 of
the Illinois Controlled Substances Act | ||||||
5 | or Section 55 of the Methamphetamine Control and Community | ||||||
6 | Protection Act by unlawfully delivering a controlled
substance | ||||||
7 | to another, and any person's death is caused by the injection,
| ||||||
8 | inhalation, absorption, or ingestion of any amount of that | ||||||
9 | controlled substance.
| ||||||
10 | (a-5) A person commits drug-induced homicide when he or she | ||||||
11 | violates the law of another jurisdiction, which if the | ||||||
12 | violation had been committed in this State could be charged | ||||||
13 | under Section 401 of the Illinois Controlled Substances Act or | ||||||
14 | Section 55 of the Methamphetamine Control and Community | ||||||
15 | Protection Act, by unlawfully delivering a controlled | ||||||
16 | substance to another, and any person's death is caused in this | ||||||
17 | State by the injection, inhalation, absorption, or ingestion of | ||||||
18 | any amount of that controlled substance. | ||||||
19 | (b) Sentence. Drug-induced homicide is a Class X felony, | ||||||
20 | except:
| ||||||
21 | (1) A person who commits drug-induced homicide by | ||||||
22 | violating subsection (a)
or subsection (c) of Section 401 | ||||||
23 | of the Illinois Controlled Substances Act or Section 55 of | ||||||
24 | the Methamphetamine Control and Community Protection Act
| ||||||
25 | commits a Class X felony for which the
defendant shall in | ||||||
26 | addition to a sentence authorized by law, be sentenced
to a |
| |||||||
| |||||||
1 | term of imprisonment of not less than 15 years and not more | ||||||
2 | than 30
years or an extended term of not less than 30 years | ||||||
3 | and not more than 60 years .
| ||||||
4 | (2) A person who commits drug-induced homicide by | ||||||
5 | violating the law of another jurisdiction, which if the | ||||||
6 | violation had been committed in this State could be charged | ||||||
7 | under subsection (a) or subsection (c) of Section 401 of | ||||||
8 | the Illinois Controlled Substances Act or Section 55 of the | ||||||
9 | Methamphetamine Control and Community Protection Act, | ||||||
10 | commits a Class X felony for which the defendant shall, in | ||||||
11 | addition to a sentence authorized by law, be sentenced to a | ||||||
12 | term of imprisonment of not less than 15 years and not more | ||||||
13 | than 30 years or an extended term of not less than 30 years | ||||||
14 | and not more than 60 years . | ||||||
15 | (Source: P.A. 100-404, eff. 1-1-18 .)
| ||||||
16 | (720 ILCS 5/10-9) | ||||||
17 | Sec. 10-9. Trafficking in persons, involuntary servitude, | ||||||
18 | and related offenses. | ||||||
19 | (a) Definitions. In this Section: | ||||||
20 | (1) "Intimidation" has the meaning prescribed in Section | ||||||
21 | 12-6. | ||||||
22 | (2) "Commercial sexual activity" means any sex act on | ||||||
23 | account of which anything of value is given, promised to, or | ||||||
24 | received by any person.
| ||||||
25 | (2.5) "Company" means any sole proprietorship, |
| |||||||
| |||||||
1 | organization, association, corporation, partnership, joint | ||||||
2 | venture, limited partnership, limited liability partnership, | ||||||
3 | limited liability limited partnership, limited liability | ||||||
4 | company, or other entity or business association, including all | ||||||
5 | wholly owned subsidiaries, majority-owned subsidiaries, parent | ||||||
6 | companies, or affiliates of those entities or business | ||||||
7 | associations, that exist for the purpose of making profit. | ||||||
8 | (3) "Financial harm" includes intimidation that brings | ||||||
9 | about financial loss, criminal usury, or employment contracts | ||||||
10 | that violate the Frauds Act. | ||||||
11 | (4) (Blank). | ||||||
12 | (5) "Labor" means work of economic or financial value. | ||||||
13 | (6) "Maintain" means, in relation to labor or services, to | ||||||
14 | secure continued performance thereof, regardless of any | ||||||
15 | initial agreement on the part of the victim to perform that | ||||||
16 | type of service. | ||||||
17 | (7) "Obtain" means, in relation to labor or services, to | ||||||
18 | secure performance thereof. | ||||||
19 | (7.5) "Serious harm" means any harm, whether physical or | ||||||
20 | nonphysical, including psychological, financial, or | ||||||
21 | reputational harm, that is sufficiently serious, under all the | ||||||
22 | surrounding circumstances, to compel a reasonable person of the | ||||||
23 | same background and in the same circumstances to perform or to | ||||||
24 | continue performing labor or services in order to avoid | ||||||
25 | incurring that harm. | ||||||
26 | (8) "Services" means activities resulting from a |
| |||||||
| |||||||
1 | relationship between a person and the actor in which the person | ||||||
2 | performs activities under the supervision of or for the benefit | ||||||
3 | of the actor. Commercial sexual activity and sexually-explicit | ||||||
4 | performances are forms of activities that are "services" under | ||||||
5 | this Section. Nothing in this definition may be construed to | ||||||
6 | legitimize or legalize prostitution. | ||||||
7 | (9) "Sexually-explicit performance" means a live, | ||||||
8 | recorded, broadcast (including over the Internet), or public | ||||||
9 | act or show intended to arouse or satisfy the sexual desires or | ||||||
10 | appeal to the prurient interests of patrons. | ||||||
11 | (10) "Trafficking victim" means a person subjected to the | ||||||
12 | practices set forth in subsection (b), (c), or (d). | ||||||
13 | (b) Involuntary servitude. A person commits involuntary | ||||||
14 | servitude when he or she knowingly subjects, attempts to | ||||||
15 | subject, or engages in a conspiracy to subject another person | ||||||
16 | to labor or services obtained or maintained through any of the | ||||||
17 | following means, or any combination of these means: | ||||||
18 | (1) causes or threatens to cause physical harm to any | ||||||
19 | person; | ||||||
20 | (2) physically restrains or threatens to physically | ||||||
21 | restrain another person; | ||||||
22 | (3) abuses or threatens to abuse the law or legal | ||||||
23 | process; | ||||||
24 | (4) knowingly destroys, conceals, removes, | ||||||
25 | confiscates, or possesses any actual or purported passport | ||||||
26 | or other immigration document, or any other actual or |
| |||||||
| |||||||
1 | purported government identification document, of another | ||||||
2 | person; | ||||||
3 | (5) uses intimidation, or exerts financial control | ||||||
4 | over any person; or | ||||||
5 | (6) uses any scheme, plan, or pattern intended to cause | ||||||
6 | the person to believe that, if the person did not perform | ||||||
7 | the labor or services, that person or another person would | ||||||
8 | suffer serious harm or physical restraint. | ||||||
9 | Sentence. Except as otherwise provided in subsection (e) or | ||||||
10 | (f), a violation of subsection (b)(1) is a Class X felony, | ||||||
11 | (b)(2) is a Class 1 felony, (b)(3) is a Class 2 felony, (b)(4) | ||||||
12 | is a Class 3 felony, (b)(5) and (b)(6) is a Class 4 felony. | ||||||
13 | (c) Involuntary sexual servitude of a minor. A person | ||||||
14 | commits involuntary sexual servitude of a minor when he or she | ||||||
15 | knowingly recruits, entices, harbors, transports, provides, or | ||||||
16 | obtains by any means, or attempts to recruit, entice, harbor, | ||||||
17 | provide, or obtain by any means, another person under 18 years | ||||||
18 | of age, knowing that the minor will engage in commercial sexual | ||||||
19 | activity, a sexually-explicit performance, or the production | ||||||
20 | of pornography, or causes or attempts to cause a minor to | ||||||
21 | engage in one or more of those activities and: | ||||||
22 | (1) there is no overt force or threat and the minor is | ||||||
23 | between the ages of 17 and 18 years; | ||||||
24 | (2) there is no overt force or threat and the minor is | ||||||
25 | under the age of 17 years; or | ||||||
26 | (3) there is overt force or threat. |
| |||||||
| |||||||
1 | Sentence. Except as otherwise provided in subsection (e) or | ||||||
2 | (f), a violation of subsection (c)(1) is a Class 1 felony, | ||||||
3 | (c)(2) is a Class X felony, and (c)(3) is a Class X felony. | ||||||
4 | (d) Trafficking in persons. A person commits trafficking in | ||||||
5 | persons when he or she knowingly: (1) recruits, entices, | ||||||
6 | harbors, transports, provides, or obtains by any means, or | ||||||
7 | attempts to recruit, entice, harbor, transport, provide, or | ||||||
8 | obtain by any means, another person, intending or knowing that | ||||||
9 | the person will be subjected to involuntary servitude; or (2) | ||||||
10 | benefits, financially or by receiving anything of value, from | ||||||
11 | participation in a venture that has engaged in an act of | ||||||
12 | involuntary servitude or involuntary sexual servitude of a | ||||||
13 | minor. A company commits trafficking in persons when the | ||||||
14 | company knowingly benefits, financially or by receiving | ||||||
15 | anything of value, from participation in a venture that has | ||||||
16 | engaged in an act of involuntary servitude or involuntary | ||||||
17 | sexual servitude of a minor. | ||||||
18 | Sentence. Except as otherwise provided in subsection (e) or | ||||||
19 | (f), a violation of this subsection by a person is a Class 1 | ||||||
20 | felony. A violation of this subsection by a company is a | ||||||
21 | business offense for which a fine of up to $100,000 may be | ||||||
22 | imposed. | ||||||
23 | (e) Aggravating factors. A violation of this Section | ||||||
24 | involving kidnapping or an attempt to kidnap, aggravated | ||||||
25 | criminal sexual assault or an attempt to commit aggravated | ||||||
26 | criminal sexual assault, or an attempt to commit first degree |
| |||||||
| |||||||
1 | murder is a Class X felony. | ||||||
2 | (f) Sentencing considerations. | ||||||
3 | (1) Bodily injury. If, pursuant to a violation of this | ||||||
4 | Section, a victim
suffered bodily injury, the defendant may | ||||||
5 | be sentenced to an extended-term sentence under Section | ||||||
6 | 5-8-2 of the Unified Code of Corrections. The sentencing | ||||||
7 | court must take into account the time in which the victim | ||||||
8 | was held in servitude, with increased penalties for cases | ||||||
9 | in which the victim was held for between 180 days and one | ||||||
10 | year, and increased penalties for cases in which the victim | ||||||
11 | was held for more than one year. | ||||||
12 | (2) Number of victims. In determining sentences within | ||||||
13 | statutory maximums, the sentencing court should take into | ||||||
14 | account the number of victims, and may provide for | ||||||
15 | substantially increased sentences in cases involving more | ||||||
16 | than 10 victims. | ||||||
17 | (g) Restitution. Restitution is mandatory under this | ||||||
18 | Section. In addition to any other amount of loss identified, | ||||||
19 | the court shall order restitution including the greater of (1) | ||||||
20 | the gross income or value to the defendant of the victim's | ||||||
21 | labor or services or (2) the value of the victim's labor as | ||||||
22 | guaranteed under the Minimum Wage Law and overtime provisions | ||||||
23 | of the Fair Labor Standards Act (FLSA) or the Minimum Wage Law, | ||||||
24 | whichever is greater. | ||||||
25 | (g-5) Fine distribution. If the court imposes a fine under | ||||||
26 | subsection (b), (c), or (d) of this Section, it shall be |
| |||||||
| |||||||
1 | collected and distributed to the Specialized Services for | ||||||
2 | Survivors of Human Trafficking Fund in accordance with Section | ||||||
3 | 5-9-1.21 of the Unified Code of Corrections. | ||||||
4 | (h) Trafficking victim services. Subject to the | ||||||
5 | availability of funds, the Department of Human Services may | ||||||
6 | provide or fund emergency services and assistance to | ||||||
7 | individuals who are victims of one or more offenses defined in | ||||||
8 | this Section.
| ||||||
9 | (i) Certification. The Attorney General, a State's | ||||||
10 | Attorney, or any law enforcement official shall certify in | ||||||
11 | writing to the United States Department of Justice or other | ||||||
12 | federal agency, such as the United States Department of | ||||||
13 | Homeland Security, that an investigation or prosecution under | ||||||
14 | this Section has begun and the individual who is a likely | ||||||
15 | victim of a crime described in this Section is willing to | ||||||
16 | cooperate or is cooperating with the investigation to enable | ||||||
17 | the individual, if eligible under federal law, to qualify for | ||||||
18 | an appropriate special immigrant visa and to access available | ||||||
19 | federal benefits. Cooperation with law enforcement shall not be | ||||||
20 | required of victims of a crime described in this Section who | ||||||
21 | are under 18 years of age. This certification shall be made | ||||||
22 | available to the victim and his or her designated legal | ||||||
23 | representative. | ||||||
24 | (j) A person who commits involuntary servitude, | ||||||
25 | involuntary sexual servitude of a minor, or trafficking in | ||||||
26 | persons under subsection (b), (c), or (d) of this Section is |
| |||||||
| |||||||
1 | subject to the property forfeiture provisions set forth in | ||||||
2 | Article 124B of the Code of Criminal Procedure of 1963.
| ||||||
3 | (Source: P.A. 101-18, eff. 1-1-20 .)
| ||||||
4 | (720 ILCS 5/12-3.3)
| ||||||
5 | Sec. 12-3.3. Aggravated domestic battery.
| ||||||
6 | (a) A person who, in committing a domestic battery,
| ||||||
7 | knowingly causes great bodily harm, or permanent disability or | ||||||
8 | disfigurement
commits aggravated domestic battery.
| ||||||
9 | (a-5) A person who, in committing a domestic battery, | ||||||
10 | strangles another individual commits aggravated domestic | ||||||
11 | battery. For the purposes of this subsection (a-5), "strangle" | ||||||
12 | means intentionally impeding the normal breathing or | ||||||
13 | circulation of the blood of an individual by applying pressure | ||||||
14 | on the throat or neck of that individual or by blocking the | ||||||
15 | nose or mouth of that individual. | ||||||
16 | (b) Sentence. Aggravated domestic battery is a Class 2 | ||||||
17 | felony. Any order
of probation or conditional discharge entered | ||||||
18 | following a conviction for an
offense under this Section must | ||||||
19 | include, in addition to any other condition of
probation or | ||||||
20 | conditional discharge, a condition that the offender serve a
| ||||||
21 | mandatory term of imprisonment of not less than 60 consecutive | ||||||
22 | days. A person
convicted of a second or subsequent violation of | ||||||
23 | this Section must be
sentenced to a mandatory term of | ||||||
24 | imprisonment of not less than 3 years and not
more than 7 years | ||||||
25 | or an extended term of imprisonment of not less than 7 years
|
| |||||||
| |||||||
1 | and not more than 14 years .
| ||||||
2 | (c) Upon conviction of aggravated domestic battery, the | ||||||
3 | court shall advise the defendant orally or in writing, | ||||||
4 | substantially as follows: "An individual convicted of | ||||||
5 | aggravated domestic battery may be subject to federal criminal | ||||||
6 | penalties for possessing, transporting, shipping, or receiving | ||||||
7 | any firearm or ammunition in violation of the federal Gun | ||||||
8 | Control Act of 1968 (18 U.S.C. 922(g)(8) and (9))." A notation | ||||||
9 | shall be made in the court file that the admonition was given. | ||||||
10 | (Source: P.A. 96-287, eff. 8-11-09; 96-363, eff. 8-13-09; | ||||||
11 | 96-1000, eff. 7-2-10; 96-1551, eff. 7-1-11 .)
| ||||||
12 | Section 15. The Unified Code of Corrections is amended by | ||||||
13 | changing Sections 5-4.5-20, 5-4.5-25, 5-4.5-30, 5-4.5-35, | ||||||
14 | 5-4.5-40, 5-4.5-45, 5-5-3, 5-5-3.2, and 5-5-4 as follows:
| ||||||
15 | (730 ILCS 5/5-4.5-20) | ||||||
16 | Sec. 5-4.5-20. FIRST DEGREE MURDER; SENTENCE. For first | ||||||
17 | degree murder: | ||||||
18 | (a) TERM. The defendant shall be sentenced to imprisonment | ||||||
19 | or, if appropriate, death under Section 9-1 of the Criminal | ||||||
20 | Code of 1961 or the Criminal Code of 2012 (720 ILCS 5/9-1) . | ||||||
21 | Imprisonment shall be for a determinate term, subject to | ||||||
22 | Section 5-4.5-115 of this Code, of (1) not less than 20 years | ||||||
23 | and not more than 60 years; (2) (blank) not less than 60 years | ||||||
24 | and not more than 100 years when an extended term is imposed |
| |||||||
| |||||||
1 | under Section 5-8-2 (730 ILCS 5/5-8-2) ; or (3) natural life as | ||||||
2 | provided in Section 5-8-1 (730 ILCS 5/5-8-1) .
| ||||||
3 | (b) PERIODIC IMPRISONMENT. A term of periodic imprisonment | ||||||
4 | shall not be imposed.
| ||||||
5 | (c) IMPACT INCARCERATION. The impact incarceration program | ||||||
6 | or the county impact incarceration program is not an authorized | ||||||
7 | disposition.
| ||||||
8 | (d) PROBATION; CONDITIONAL DISCHARGE. A period of | ||||||
9 | probation or conditional discharge shall not be imposed.
| ||||||
10 | (e) FINE. Fines may be imposed as provided in Section | ||||||
11 | 5-4.5-50(b) (730 ILCS 5/5-4.5-50(b)) .
| ||||||
12 | (f) RESTITUTION. See Section 5-5-6 (730 ILCS 5/5-5-6) | ||||||
13 | concerning restitution.
| ||||||
14 | (g) CONCURRENT OR CONSECUTIVE SENTENCE. The sentence shall | ||||||
15 | be concurrent or consecutive as provided in Section 5-8-4 (730 | ||||||
16 | ILCS 5/5-8-4) and Section 5-4.5-50 (730 ILCS 5/5-4.5-50) .
| ||||||
17 | (h) DRUG COURT. Drug court is not an authorized | ||||||
18 | disposition.
| ||||||
19 | (i) CREDIT FOR HOME DETENTION. See Section 5-4.5-100 (730 | ||||||
20 | ILCS 5/5-4.5-100 ) concerning no credit for time spent in home | ||||||
21 | detention prior to judgment.
| ||||||
22 | (j) SENTENCE CREDIT. See Section 3-6-3 (730 ILCS 5/3-6-3) | ||||||
23 | for rules and regulations for sentence credit.
| ||||||
24 | (k) ELECTRONIC MONITORING AND HOME DETENTION. Electronic | ||||||
25 | monitoring and home detention are not authorized dispositions, | ||||||
26 | except in limited circumstances as provided in Section 5-8A-3 |
| |||||||
| |||||||
1 | (730 ILCS 5/5-8A-3) .
| ||||||
2 | (l) PAROLE; MANDATORY SUPERVISED RELEASE. Except as | ||||||
3 | provided in Section 3-3-8 (730 ILCS 5/3-3-8) , the parole or | ||||||
4 | mandatory supervised release term shall be 3 years upon release | ||||||
5 | from imprisonment.
| ||||||
6 | (Source: P.A. 100-431, eff. 8-25-17; 100-1182, eff. 6-1-19; | ||||||
7 | 101-288, eff. 1-1-20 .)
| ||||||
8 | (730 ILCS 5/5-4.5-25) | ||||||
9 | Sec. 5-4.5-25. CLASS X FELONIES; SENTENCE. For a Class X | ||||||
10 | felony: | ||||||
11 | (a) TERM. The sentence of imprisonment shall be a | ||||||
12 | determinate sentence, subject to Section 5-4.5-115 of this | ||||||
13 | Code, of not less than 6 years and not more than 30 years. The | ||||||
14 | sentence of imprisonment for an extended term Class X felony, | ||||||
15 | as provided in Section 5-8-2 (730 ILCS 5/5-8-2), subject to | ||||||
16 | Section 5-4.5-115 of this Code, shall be not less than 30 years | ||||||
17 | and not more than 60 years.
| ||||||
18 | (b) PERIODIC IMPRISONMENT. A term of periodic imprisonment | ||||||
19 | shall not be imposed.
| ||||||
20 | (c) IMPACT INCARCERATION. The impact incarceration program | ||||||
21 | or the county impact incarceration program is not an authorized | ||||||
22 | disposition.
| ||||||
23 | (d) PROBATION; CONDITIONAL DISCHARGE. A period of | ||||||
24 | probation or conditional discharge shall not be imposed.
| ||||||
25 | (e) FINE. Fines may be imposed as provided in Section |
| |||||||
| |||||||
1 | 5-4.5-50(b) (730 ILCS 5/5-4.5-50(b)) .
| ||||||
2 | (f) RESTITUTION. See Section 5-5-6 (730 ILCS 5/5-5-6) | ||||||
3 | concerning restitution.
| ||||||
4 | (g) CONCURRENT OR CONSECUTIVE SENTENCE. The sentence shall | ||||||
5 | be concurrent or consecutive as provided in Section 5-8-4 (730 | ||||||
6 | ILCS 5/5-8-4) and Section 5-4.5-50 (730 ILCS 5/5-4.5-50) .
| ||||||
7 | (h) DRUG COURT. See Section 20 of the Drug Court Treatment | ||||||
8 | Act (730 ILCS 166/20) concerning eligibility for a drug court | ||||||
9 | program.
| ||||||
10 | (i) CREDIT FOR HOME DETENTION. See Section 5-4.5-100 (730 | ||||||
11 | ILCS 5/5-4.5-100) concerning no credit for time spent in home | ||||||
12 | detention prior to judgment.
| ||||||
13 | (j) SENTENCE CREDIT. See Section 3-6-3 (730 ILCS 5/3-6-3) | ||||||
14 | for rules and regulations for sentence credit.
| ||||||
15 | (k) ELECTRONIC MONITORING AND HOME DETENTION. See Section | ||||||
16 | 5-8A-3 (730 ILCS 5/5-8A-3) concerning eligibility for | ||||||
17 | electronic monitoring and home detention.
| ||||||
18 | (l) PAROLE; MANDATORY SUPERVISED RELEASE. Except as | ||||||
19 | provided in Section 3-3-8 or 5-8-1 (730 ILCS 5/3-3-8 or | ||||||
20 | 5/5-8-1) , the parole or mandatory supervised release term shall | ||||||
21 | be 3 years upon release from imprisonment.
| ||||||
22 | (Source: P.A. 100-431, eff. 8-25-17; 100-1182, eff. 6-1-19; | ||||||
23 | 101-288, eff. 1-1-20 .)
| ||||||
24 | (730 ILCS 5/5-4.5-30) | ||||||
25 | Sec. 5-4.5-30. CLASS 1 FELONIES; SENTENCE. For a Class 1 |
| |||||||
| |||||||
1 | felony: | ||||||
2 | (a) TERM. The sentence of imprisonment, other than for | ||||||
3 | second degree murder, shall be a determinate sentence of not | ||||||
4 | less than 4 years and not more than 15 years, subject to | ||||||
5 | Section 5-4.5-115 of this Code. The sentence of imprisonment | ||||||
6 | for second degree murder shall be a determinate sentence of not | ||||||
7 | less than 4 years and not more than 20 years, subject to | ||||||
8 | Section 5-4.5-115 of this Code. The sentence of imprisonment | ||||||
9 | for an extended term Class 1 felony, as provided in Section | ||||||
10 | 5-8-2 (730 ILCS 5/5-8-2), subject to Section 5-4.5-115 of this | ||||||
11 | Code, shall be a term not less than 15 years and not more than | ||||||
12 | 30 years.
| ||||||
13 | (b) PERIODIC IMPRISONMENT. A sentence of periodic | ||||||
14 | imprisonment shall be for a definite term of from 3 to 4 years, | ||||||
15 | except as otherwise provided in Section 5-5-3 or 5-7-1 (730 | ||||||
16 | ILCS 5/5-5-3 or 5/5-7-1) .
| ||||||
17 | (c) IMPACT INCARCERATION. See Sections 5-8-1.1 and 5-8-1.2 | ||||||
18 | (730 ILCS 5/5-8-1.1 and 5/5-8-1.2) concerning eligibility for | ||||||
19 | the impact incarceration program or the county impact | ||||||
20 | incarceration program.
| ||||||
21 | (d) PROBATION; CONDITIONAL DISCHARGE. Except as provided | ||||||
22 | in Section 5-5-3 or 5-6-2 (730 ILCS 5/5-5-3 or 5/5-6-2) , the | ||||||
23 | period of probation or conditional discharge shall not exceed 4 | ||||||
24 | years. The court shall specify the conditions of probation or | ||||||
25 | conditional discharge as set forth in Section 5-6-3 (730 ILCS | ||||||
26 | 5/5-6-3) . In no case shall an offender be eligible for a |
| |||||||
| |||||||
1 | disposition of probation or conditional discharge for a Class 1 | ||||||
2 | felony committed while he or she was serving a term of | ||||||
3 | probation or conditional discharge for a felony.
| ||||||
4 | (e) FINE. Fines may be imposed as provided in Section | ||||||
5 | 5-4.5-50(b) (730 ILCS 5/5-4.5-50(b)) .
| ||||||
6 | (f) RESTITUTION. See Section 5-5-6 (730 ILCS 5/5-5-6) | ||||||
7 | concerning restitution.
| ||||||
8 | (g) CONCURRENT OR CONSECUTIVE SENTENCE. The sentence shall | ||||||
9 | be concurrent or consecutive as provided in Section 5-8-4 (730 | ||||||
10 | ILCS 5/5-8-4) and Section 5-4.5-50 (730 ILCS 5/5-4.5-50) .
| ||||||
11 | (h) DRUG COURT. See Section 20 of the Drug Court Treatment | ||||||
12 | Act (730 ILCS 166/20) concerning eligibility for a drug court | ||||||
13 | program.
| ||||||
14 | (i) CREDIT FOR HOME DETENTION. See Section 5-4.5-100 (730 | ||||||
15 | ILCS 5/5-4.5-100) concerning credit for time spent in home | ||||||
16 | detention prior to judgment.
| ||||||
17 | (j) SENTENCE CREDIT. See Section 3-6-3 of this Code (730 | ||||||
18 | ILCS 5/3-6-3) or the County Jail Good Behavior Allowance Act | ||||||
19 | (730 ILCS 130/) for rules and regulations for sentence credit.
| ||||||
20 | (k) ELECTRONIC MONITORING AND HOME DETENTION. See Section | ||||||
21 | 5-8A-3 (730 ILCS 5/5-8A-3) concerning eligibility for | ||||||
22 | electronic monitoring and home detention.
| ||||||
23 | (l) PAROLE; MANDATORY SUPERVISED RELEASE. Except as | ||||||
24 | provided in Section 3-3-8 or 5-8-1 (730 ILCS 5/3-3-8 or | ||||||
25 | 5/5-8-1) , the parole or mandatory supervised release term shall | ||||||
26 | be 2 years upon release from imprisonment.
|
| |||||||
| |||||||
1 | (Source: P.A. 100-431, eff. 8-25-17; 100-1182, eff. 6-1-19; | ||||||
2 | 101-288, eff. 1-1-20 .)
| ||||||
3 | (730 ILCS 5/5-4.5-35) | ||||||
4 | Sec. 5-4.5-35. CLASS 2 FELONIES; SENTENCE. For a Class 2 | ||||||
5 | felony: | ||||||
6 | (a) TERM. The sentence of imprisonment shall be a | ||||||
7 | determinate sentence of not less than 3 years and not more than | ||||||
8 | 7 years. The sentence of imprisonment for an extended term | ||||||
9 | Class 2 felony, as provided in Section 5-8-2 (730 ILCS | ||||||
10 | 5/5-8-2), shall be a term not less than 7 years and not more | ||||||
11 | than 14 years.
| ||||||
12 | (b) PERIODIC IMPRISONMENT. A sentence of periodic | ||||||
13 | imprisonment shall be for a definite term of from 18 to 30 | ||||||
14 | months, except as otherwise provided in Section 5-5-3 or 5-7-1 | ||||||
15 | (730 ILCS 5/5-5-3 or 5/5-7-1) .
| ||||||
16 | (c) IMPACT INCARCERATION. See Sections 5-8-1.1 and 5-8-1.2 | ||||||
17 | (730 ILCS 5/5-8-1.1 and 5/5-8-1.2) concerning eligibility for | ||||||
18 | the impact incarceration program or the county impact | ||||||
19 | incarceration program.
| ||||||
20 | (d) PROBATION; CONDITIONAL DISCHARGE. Except as provided | ||||||
21 | in Section 5-5-3 or 5-6-2 (730 ILCS 5/5-5-3 or 5/5-6-2) , the | ||||||
22 | period of probation or conditional discharge shall not exceed 4 | ||||||
23 | years. The court shall specify the conditions of probation or | ||||||
24 | conditional discharge as set forth in Section 5-6-3 (730 ILCS | ||||||
25 | 5/5-6-3) .
|
| |||||||
| |||||||
1 | (e) FINE. Fines may be imposed as provided in Section | ||||||
2 | 5-4.5-50(b) (730 ILCS 5/5-4.5-50(b)) .
| ||||||
3 | (f) RESTITUTION. See Section 5-5-6 (730 ILCS 5/5-5-6) | ||||||
4 | concerning restitution.
| ||||||
5 | (g) CONCURRENT OR CONSECUTIVE SENTENCE. The sentence shall | ||||||
6 | be concurrent or consecutive as provided in Section 5-8-4 (730 | ||||||
7 | ILCS 5/5-8-4) and Section 5-4.5-50 (730 ILCS 5/5-4.5-50) .
| ||||||
8 | (h) DRUG COURT. See Section 20 of the Drug Court Treatment | ||||||
9 | Act (730 ILCS 166/20) concerning eligibility for a drug court | ||||||
10 | program.
| ||||||
11 | (i) CREDIT FOR HOME DETENTION. See Section 5-4.5-100 (730 | ||||||
12 | ILCS 5/5-4.5-100) concerning credit for time spent in home | ||||||
13 | detention prior to judgment.
| ||||||
14 | (j) SENTENCE CREDIT. See Section 3-6-3 of this Code (730 | ||||||
15 | ILCS 5/3-6-3) or the County Jail Good Behavior Allowance Act | ||||||
16 | (730 ILCS 130/) for rules and regulations for sentence credit.
| ||||||
17 | (k) ELECTRONIC MONITORING AND HOME DETENTION. See Section | ||||||
18 | 5-8A-3 (730 ILCS 5/5-8A-3) concerning eligibility for | ||||||
19 | electronic monitoring and home detention.
| ||||||
20 | (l) PAROLE; MANDATORY SUPERVISED RELEASE. Except as | ||||||
21 | provided in Section 3-3-8 or 5-8-1 (730 ILCS 5/3-3-8 or | ||||||
22 | 5/5-8-1) , the parole or mandatory supervised release term shall | ||||||
23 | be 2 years upon release from imprisonment.
| ||||||
24 | (Source: P.A. 100-431, eff. 8-25-17.)
| ||||||
25 | (730 ILCS 5/5-4.5-40) |
| |||||||
| |||||||
1 | Sec. 5-4.5-40. CLASS 3 FELONIES; SENTENCE. For a Class 3 | ||||||
2 | felony: | ||||||
3 | (a) TERM. The sentence of imprisonment shall be a | ||||||
4 | determinate sentence of not less than 2 years and not more than | ||||||
5 | 5 years. The sentence of imprisonment for an extended term | ||||||
6 | Class 3 felony, as provided in Section 5-8-2 (730 ILCS | ||||||
7 | 5/5-8-2), shall be a term not less than 5 years and not more | ||||||
8 | than 10 years.
| ||||||
9 | (b) PERIODIC IMPRISONMENT. A sentence of periodic | ||||||
10 | imprisonment shall be for a definite term of up to 18 months, | ||||||
11 | except as otherwise provided in Section 5-5-3 or 5-7-1 (730 | ||||||
12 | ILCS 5/5-5-3 or 5/5-7-1) .
| ||||||
13 | (c) IMPACT INCARCERATION. See Sections 5-8-1.1 and 5-8-1.2 | ||||||
14 | (730 ILCS 5/5-8-1.1 and 5/5-8-1.2) concerning eligibility for | ||||||
15 | the impact incarceration program or the county impact | ||||||
16 | incarceration program.
| ||||||
17 | (d) PROBATION; CONDITIONAL DISCHARGE. Except as provided | ||||||
18 | in Section 5-5-3 or 5-6-2 (730 ILCS 5/5-5-3 or 5/5-6-2) , the | ||||||
19 | period of probation or conditional discharge shall not exceed | ||||||
20 | 30 months. The court shall specify the conditions of probation | ||||||
21 | or conditional discharge as set forth in Section 5-6-3 (730 | ||||||
22 | ILCS 5/5-6-3) .
| ||||||
23 | (e) FINE. Fines may be imposed as provided in Section | ||||||
24 | 5-4.5-50(b) (730 ILCS 5/5-4.5-50(b)) .
| ||||||
25 | (f) RESTITUTION. See Section 5-5-6 (730 ILCS 5/5-5-6) | ||||||
26 | concerning restitution.
|
| |||||||
| |||||||
1 | (g) CONCURRENT OR CONSECUTIVE SENTENCE. The sentence shall | ||||||
2 | be concurrent or consecutive as provided in Section 5-8-4 (730 | ||||||
3 | ILCS 5/5-8-4) and Section 5-4.5-50 (730 ILCS 5/5-4.5-50 ).
| ||||||
4 | (h) DRUG COURT. See Section 20 of the Drug Court Treatment | ||||||
5 | Act (730 ILCS 166/20) concerning eligibility for a drug court | ||||||
6 | program.
| ||||||
7 | (i) CREDIT FOR HOME DETENTION. See Section 5-4.5-100 (730 | ||||||
8 | ILCS 5/5-4.5-100) concerning credit for time spent in home | ||||||
9 | detention prior to judgment.
| ||||||
10 | (j) SENTENCE CREDIT. See Section 3-6-3 of this Code (730 | ||||||
11 | ILCS 5/3-6-3) or the County Jail Good Behavior Allowance Act | ||||||
12 | (730 ILCS 130/) for rules and regulations for sentence credit.
| ||||||
13 | (k) ELECTRONIC MONITORING AND HOME DETENTION. See Section | ||||||
14 | 5-8A-3 (730 ILCS 5/5-8A-3) concerning eligibility for | ||||||
15 | electronic monitoring and home detention.
| ||||||
16 | (l) PAROLE; MANDATORY SUPERVISED RELEASE. Except as | ||||||
17 | provided in Section 3-3-8 or 5-8-1 (730 ILCS 5/3-3-8 or | ||||||
18 | 5/5-8-1) , the parole or mandatory supervised release term shall | ||||||
19 | be one year upon release from imprisonment.
| ||||||
20 | (Source: P.A. 100-431, eff. 8-25-17.)
| ||||||
21 | (730 ILCS 5/5-4.5-45) | ||||||
22 | Sec. 5-4.5-45. CLASS 4 FELONIES; SENTENCE. For a Class 4 | ||||||
23 | felony: | ||||||
24 | (a) TERM. The sentence of imprisonment shall be a | ||||||
25 | determinate sentence of not less than one year and not more |
| |||||||
| |||||||
1 | than 3 years. The sentence of imprisonment for an extended term | ||||||
2 | Class 4 felony, as provided in Section 5-8-2 (730 ILCS | ||||||
3 | 5/5-8-2), shall be a term not less than 3 years and not more | ||||||
4 | than 6 years.
| ||||||
5 | (b) PERIODIC IMPRISONMENT. A sentence of periodic | ||||||
6 | imprisonment shall be for a definite term of up to 18 months, | ||||||
7 | except as otherwise provided in Section 5-5-3 or 5-7-1 (730 | ||||||
8 | ILCS 5/5-5-3 or 5/5-7-1) .
| ||||||
9 | (c) IMPACT INCARCERATION. See Sections 5-8-1.1 and 5-8-1.2 | ||||||
10 | (730 ILCS 5/5-8-1.1 and 5/5-8-1.2) concerning eligibility for | ||||||
11 | the impact incarceration program or the county impact | ||||||
12 | incarceration program.
| ||||||
13 | (d) PROBATION; CONDITIONAL DISCHARGE. Except as provided | ||||||
14 | in Section 5-5-3 or 5-6-2 (730 ILCS 5/5-5-3 or 5/5-6-2) , the | ||||||
15 | period of probation or conditional discharge shall not exceed | ||||||
16 | 30 months. The court shall specify the conditions of probation | ||||||
17 | or conditional discharge as set forth in Section 5-6-3 (730 | ||||||
18 | ILCS 5/5-6-3) .
| ||||||
19 | (e) FINE. Fines may be imposed as provided in Section | ||||||
20 | 5-4.5-50(b) (730 ILCS 5/5-4.5-50(b)) .
| ||||||
21 | (f) RESTITUTION. See Section 5-5-6 (730 ILCS 5/5-5-6) | ||||||
22 | concerning restitution.
| ||||||
23 | (g) CONCURRENT OR CONSECUTIVE SENTENCE. The sentence shall | ||||||
24 | be concurrent or consecutive as provided in Section 5-8-4 (730 | ||||||
25 | ILCS 5/5-8-4) and Section 5-4.5-50 (730 ILCS 5/5-4.5-50) .
| ||||||
26 | (h) DRUG COURT. See Section 20 of the Drug Court Treatment |
| |||||||
| |||||||
1 | Act (730 ILCS 166/20) concerning eligibility for a drug court | ||||||
2 | program.
| ||||||
3 | (i) CREDIT FOR HOME DETENTION. See Section 5-4.5-100 (730 | ||||||
4 | ILCS 5/5-4.5-100) concerning credit for time spent in home | ||||||
5 | detention prior to judgment.
| ||||||
6 | (j) SENTENCE CREDIT. See Section 3-6-3 of this Code (730 | ||||||
7 | ILCS 5/3-6-3) or the County Jail Good Behavior Allowance Act | ||||||
8 | (730 ILCS 130/) for rules and regulations for sentence credit.
| ||||||
9 | (k) ELECTRONIC MONITORING AND HOME DETENTION. See Section | ||||||
10 | 5-8A-3 (730 ILCS 5/5-8A-3) concerning eligibility for | ||||||
11 | electronic monitoring and home detention.
| ||||||
12 | (l) PAROLE; MANDATORY SUPERVISED RELEASE. Except as | ||||||
13 | provided in Section 3-3-8 or 5-8-1 (730 ILCS 5/3-3-8 or | ||||||
14 | 5/5-8-1) , the parole or mandatory supervised release term shall | ||||||
15 | be one year upon release from imprisonment.
| ||||||
16 | (Source: P.A. 100-431, eff. 8-25-17.)
| ||||||
17 | (730 ILCS 5/5-5-3)
| ||||||
18 | Sec. 5-5-3. Disposition.
| ||||||
19 | (a) (Blank).
| ||||||
20 | (b) (Blank).
| ||||||
21 | (c) (1) (Blank).
| ||||||
22 | (2) A period of probation, a term of periodic imprisonment | ||||||
23 | or
conditional discharge shall not be imposed for the following | ||||||
24 | offenses.
The court shall sentence the offender to not less | ||||||
25 | than the minimum term
of imprisonment set forth in this Code |
| |||||||
| |||||||
1 | for the following offenses, and
may order a fine or restitution | ||||||
2 | or both in conjunction with such term of
imprisonment:
| ||||||
3 | (A) First degree murder where the death penalty is not | ||||||
4 | imposed.
| ||||||
5 | (B) Attempted first degree murder.
| ||||||
6 | (C) A Class X felony.
| ||||||
7 | (D) A violation of Section 401.1 or 407 of the
Illinois | ||||||
8 | Controlled Substances Act, or a violation of subdivision | ||||||
9 | (c)(1.5) of
Section 401 of that Act which relates to more | ||||||
10 | than 5 grams of a substance
containing fentanyl or an | ||||||
11 | analog thereof.
| ||||||
12 | (D-5) A violation of subdivision (c)(1) of
Section 401 | ||||||
13 | of the Illinois Controlled Substances Act which relates to | ||||||
14 | 3 or more grams of a substance
containing heroin or an | ||||||
15 | analog thereof. | ||||||
16 | (E) (Blank).
| ||||||
17 | (F) A Class 1 or greater felony if the offender had | ||||||
18 | been convicted
of a Class 1 or greater felony, including | ||||||
19 | any state or federal conviction for an offense that | ||||||
20 | contained, at the time it was committed, the same elements | ||||||
21 | as an offense now (the date of the offense committed after | ||||||
22 | the prior Class 1 or greater felony) classified as a Class | ||||||
23 | 1 or greater felony, within 10 years of the date on which | ||||||
24 | the
offender
committed the offense for which he or she is | ||||||
25 | being sentenced, except as
otherwise provided in Section | ||||||
26 | 40-10 of the Substance Use Disorder Act.
|
| |||||||
| |||||||
1 | (F-3) A Class 2 or greater felony sex offense or felony | ||||||
2 | firearm offense if the offender had been convicted of a | ||||||
3 | Class 2 or greater felony, including any state or federal | ||||||
4 | conviction for an offense that contained, at the time it | ||||||
5 | was committed, the same elements as an offense now (the | ||||||
6 | date of the offense committed after the prior Class 2 or | ||||||
7 | greater felony) classified as a Class 2 or greater felony, | ||||||
8 | within 10 years of the date on which the offender committed | ||||||
9 | the offense for which he or she is being sentenced, except | ||||||
10 | as otherwise provided in Section 40-10 of the Substance Use | ||||||
11 | Disorder Act. | ||||||
12 | (F-5) A violation of Section 24-1, 24-1.1, or 24-1.6 of | ||||||
13 | the Criminal Code of 1961 or the Criminal Code of 2012 for | ||||||
14 | which imprisonment is prescribed in those Sections. | ||||||
15 | (G) Residential burglary, except as otherwise provided | ||||||
16 | in Section 40-10
of the Substance Use Disorder Act.
| ||||||
17 | (H) Criminal sexual assault.
| ||||||
18 | (I) Aggravated battery of a senior citizen as described | ||||||
19 | in Section 12-4.6 or subdivision (a)(4) of Section 12-3.05 | ||||||
20 | of the Criminal Code of 1961 or the Criminal Code of 2012.
| ||||||
21 | (J) A forcible felony if the offense was related to the | ||||||
22 | activities of an
organized gang.
| ||||||
23 | Before July 1, 1994, for the purposes of this | ||||||
24 | paragraph, "organized
gang" means an association of 5 or | ||||||
25 | more persons, with an established hierarchy,
that | ||||||
26 | encourages members of the association to perpetrate crimes |
| |||||||
| |||||||
1 | or provides
support to the members of the association who | ||||||
2 | do commit crimes.
| ||||||
3 | Beginning July 1, 1994, for the purposes of this | ||||||
4 | paragraph,
"organized gang" has the meaning ascribed to it | ||||||
5 | in Section 10 of the Illinois
Streetgang Terrorism Omnibus | ||||||
6 | Prevention Act.
| ||||||
7 | (K) Vehicular hijacking.
| ||||||
8 | (L) A second or subsequent conviction for the offense | ||||||
9 | of hate crime
when the underlying offense upon which the | ||||||
10 | hate crime is based is felony
aggravated
assault or felony | ||||||
11 | mob action.
| ||||||
12 | (M) A second or subsequent conviction for the offense | ||||||
13 | of institutional
vandalism if the damage to the property | ||||||
14 | exceeds $300.
| ||||||
15 | (N) A Class 3 felony violation of paragraph (1) of | ||||||
16 | subsection (a) of
Section 2 of the Firearm Owners | ||||||
17 | Identification Card Act.
| ||||||
18 | (O) A violation of Section 12-6.1 or 12-6.5 of the | ||||||
19 | Criminal Code of 1961 or the Criminal Code of 2012.
| ||||||
20 | (P) A violation of paragraph (1), (2), (3), (4), (5), | ||||||
21 | or (7) of
subsection (a)
of Section 11-20.1 of the Criminal | ||||||
22 | Code of 1961 or the Criminal Code of 2012.
| ||||||
23 | (Q) A violation of subsection (b) or (b-5) of Section | ||||||
24 | 20-1, Section 20-1.2, or Section 20-1.3 of the Criminal | ||||||
25 | Code of
1961 or the Criminal Code of 2012.
| ||||||
26 | (R) A violation of Section 24-3A of the Criminal Code |
| |||||||
| |||||||
1 | of
1961 or the Criminal Code of 2012.
| ||||||
2 | (S) (Blank).
| ||||||
3 | (T) (Blank).
| ||||||
4 | (U) A second or subsequent violation of Section 6-303 | ||||||
5 | of the Illinois Vehicle Code committed while his or her | ||||||
6 | driver's license, permit, or privilege was revoked because | ||||||
7 | of a violation of Section 9-3 of the Criminal Code of 1961 | ||||||
8 | or the Criminal Code of 2012, relating to the offense of | ||||||
9 | reckless homicide, or a similar provision of a law of | ||||||
10 | another state.
| ||||||
11 | (V)
A violation of paragraph (4) of subsection (c) of | ||||||
12 | Section 11-20.1B or paragraph (4) of subsection (c) of | ||||||
13 | Section 11-20.3 of the Criminal Code of 1961, or paragraph | ||||||
14 | (6) of subsection (a) of Section 11-20.1 of the Criminal | ||||||
15 | Code of 2012 when the victim is under 13 years of age and | ||||||
16 | the defendant has previously been convicted under the laws | ||||||
17 | of this State or any other state of the offense of child | ||||||
18 | pornography, aggravated child pornography, aggravated | ||||||
19 | criminal sexual abuse, aggravated criminal sexual assault, | ||||||
20 | predatory criminal sexual assault of a child, or any of the | ||||||
21 | offenses formerly known as rape, deviate sexual assault, | ||||||
22 | indecent liberties with a child, or aggravated indecent | ||||||
23 | liberties with a child where the victim was under the age | ||||||
24 | of 18 years or an offense that is substantially equivalent | ||||||
25 | to those offenses. | ||||||
26 | (W) A violation of Section 24-3.5 of the Criminal Code |
| |||||||
| |||||||
1 | of 1961 or the Criminal Code of 2012.
| ||||||
2 | (X) A violation of subsection (a) of Section 31-1a of | ||||||
3 | the Criminal Code of 1961 or the Criminal Code of 2012. | ||||||
4 | (Y) A conviction for unlawful possession of a firearm | ||||||
5 | by a street gang member when the firearm was loaded or | ||||||
6 | contained firearm ammunition. | ||||||
7 | (Z) A Class 1 felony committed while he or she was | ||||||
8 | serving a term of probation or conditional discharge for a | ||||||
9 | felony. | ||||||
10 | (AA) Theft of property exceeding $500,000 and not | ||||||
11 | exceeding $1,000,000 in value. | ||||||
12 | (BB) Laundering of criminally derived property of a | ||||||
13 | value exceeding
$500,000. | ||||||
14 | (CC) Knowingly selling, offering for sale, holding for | ||||||
15 | sale, or using 2,000 or more counterfeit items or | ||||||
16 | counterfeit items having a retail value in the aggregate of | ||||||
17 | $500,000 or more. | ||||||
18 | (DD) A conviction for aggravated assault under | ||||||
19 | paragraph (6) of subsection (c) of Section 12-2 of the | ||||||
20 | Criminal Code of 1961 or the Criminal Code of 2012 if the | ||||||
21 | firearm is aimed toward the person against whom the firearm | ||||||
22 | is being used. | ||||||
23 | (EE) A conviction for a violation of paragraph (2) of | ||||||
24 | subsection (a) of Section 24-3B of the Criminal Code of | ||||||
25 | 2012. | ||||||
26 | (3) (Blank).
|
| |||||||
| |||||||
1 | (4) A minimum term of imprisonment of not less than 10
| ||||||
2 | consecutive days or 30 days of community service shall be | ||||||
3 | imposed for a
violation of paragraph (c) of Section 6-303 of | ||||||
4 | the Illinois Vehicle Code.
| ||||||
5 | (4.1) (Blank).
| ||||||
6 | (4.2) Except as provided in paragraphs (4.3) and (4.8) of | ||||||
7 | this subsection (c), a
minimum of
100 hours of community | ||||||
8 | service shall be imposed for a second violation of
Section | ||||||
9 | 6-303
of the Illinois Vehicle Code.
| ||||||
10 | (4.3) A minimum term of imprisonment of 30 days or 300 | ||||||
11 | hours of community
service, as determined by the court, shall
| ||||||
12 | be imposed for a second violation of subsection (c) of Section | ||||||
13 | 6-303 of the
Illinois Vehicle Code.
| ||||||
14 | (4.4) Except as provided in paragraphs
(4.5), (4.6), and | ||||||
15 | (4.9) of this
subsection (c), a
minimum term of imprisonment of | ||||||
16 | 30 days or 300 hours of community service, as
determined by the | ||||||
17 | court, shall
be imposed
for a third or subsequent violation of | ||||||
18 | Section 6-303 of the Illinois Vehicle
Code. The court may give | ||||||
19 | credit toward the fulfillment of community service hours for | ||||||
20 | participation in activities and treatment as determined by | ||||||
21 | court services.
| ||||||
22 | (4.5) A minimum term of imprisonment of 30 days
shall be | ||||||
23 | imposed for a third violation of subsection (c) of
Section | ||||||
24 | 6-303 of the Illinois Vehicle Code.
| ||||||
25 | (4.6) Except as provided in paragraph (4.10) of this | ||||||
26 | subsection (c), a minimum term of imprisonment of 180 days |
| |||||||
| |||||||
1 | shall be imposed for a
fourth or subsequent violation of | ||||||
2 | subsection (c) of Section 6-303 of the
Illinois Vehicle Code.
| ||||||
3 | (4.7) A minimum term of imprisonment of not less than 30 | ||||||
4 | consecutive days, or 300 hours of community service, shall be | ||||||
5 | imposed for a violation of subsection (a-5) of Section 6-303 of | ||||||
6 | the Illinois Vehicle Code, as provided in subsection (b-5) of | ||||||
7 | that Section.
| ||||||
8 | (4.8) A mandatory prison sentence shall be imposed for a | ||||||
9 | second violation of subsection (a-5) of Section 6-303 of the | ||||||
10 | Illinois Vehicle Code, as provided in subsection (c-5) of that | ||||||
11 | Section. The person's driving privileges shall be revoked for a | ||||||
12 | period of not less than 5 years from the date of his or her | ||||||
13 | release from prison.
| ||||||
14 | (4.9) A mandatory prison sentence of not less than 4 and | ||||||
15 | not more than 15 years shall be imposed for a third violation | ||||||
16 | of subsection (a-5) of Section 6-303 of the Illinois Vehicle | ||||||
17 | Code, as provided in subsection (d-2.5) of that Section. The | ||||||
18 | person's driving privileges shall be revoked for the remainder | ||||||
19 | of his or her life.
| ||||||
20 | (4.10) A mandatory prison sentence for a Class 1 felony | ||||||
21 | shall be imposed , and the person shall be eligible for an | ||||||
22 | extended term sentence, for a fourth or subsequent violation of | ||||||
23 | subsection (a-5) of Section 6-303 of the Illinois Vehicle Code, | ||||||
24 | as provided in subsection (d-3.5) of that Section. The person's | ||||||
25 | driving privileges shall be revoked for the remainder of his or | ||||||
26 | her life.
|
| |||||||
| |||||||
1 | (5) The court may sentence a corporation or unincorporated
| ||||||
2 | association convicted of any offense to:
| ||||||
3 | (A) a period of conditional discharge;
| ||||||
4 | (B) a fine;
| ||||||
5 | (C) make restitution to the victim under Section 5-5-6 | ||||||
6 | of this Code.
| ||||||
7 | (5.1) In addition to any other penalties imposed, and | ||||||
8 | except as provided in paragraph (5.2) or (5.3), a person
| ||||||
9 | convicted of violating subsection (c) of Section 11-907 of the | ||||||
10 | Illinois
Vehicle Code shall have his or her driver's license, | ||||||
11 | permit, or privileges
suspended for at least 90 days but not | ||||||
12 | more than one year, if the violation
resulted in damage to the | ||||||
13 | property of another person.
| ||||||
14 | (5.2) In addition to any other penalties imposed, and | ||||||
15 | except as provided in paragraph (5.3), a person convicted
of | ||||||
16 | violating subsection (c) of Section 11-907 of the Illinois | ||||||
17 | Vehicle Code
shall have his or her driver's license, permit, or | ||||||
18 | privileges suspended for at
least 180 days but not more than 2 | ||||||
19 | years, if the violation resulted in injury
to
another person.
| ||||||
20 | (5.3) In addition to any other penalties imposed, a person | ||||||
21 | convicted of violating subsection (c) of Section
11-907 of the | ||||||
22 | Illinois Vehicle Code shall have his or her driver's license,
| ||||||
23 | permit, or privileges suspended for 2 years, if the violation | ||||||
24 | resulted in the
death of another person.
| ||||||
25 | (5.4) In addition to any other penalties imposed, a person | ||||||
26 | convicted of violating Section 3-707 of the Illinois Vehicle |
| |||||||
| |||||||
1 | Code shall have his or her driver's license, permit, or | ||||||
2 | privileges suspended for 3 months and until he or she has paid | ||||||
3 | a reinstatement fee of $100. | ||||||
4 | (5.5) In addition to any other penalties imposed, a person | ||||||
5 | convicted of violating Section 3-707 of the Illinois Vehicle | ||||||
6 | Code during a period in which his or her driver's license, | ||||||
7 | permit, or privileges were suspended for a previous violation | ||||||
8 | of that Section shall have his or her driver's license, permit, | ||||||
9 | or privileges suspended for an additional 6 months after the | ||||||
10 | expiration of the original 3-month suspension and until he or | ||||||
11 | she has paid a reinstatement fee of $100.
| ||||||
12 | (6) (Blank).
| ||||||
13 | (7) (Blank).
| ||||||
14 | (8) (Blank).
| ||||||
15 | (9) A defendant convicted of a second or subsequent offense | ||||||
16 | of ritualized
abuse of a child may be sentenced to a term of | ||||||
17 | natural life imprisonment.
| ||||||
18 | (10) (Blank).
| ||||||
19 | (11) The court shall impose a minimum fine of $1,000 for a | ||||||
20 | first offense
and $2,000 for a second or subsequent offense | ||||||
21 | upon a person convicted of or
placed on supervision for battery | ||||||
22 | when the individual harmed was a sports
official or coach at | ||||||
23 | any level of competition and the act causing harm to the
sports
| ||||||
24 | official or coach occurred within an athletic facility or | ||||||
25 | within the immediate vicinity
of the athletic facility at which | ||||||
26 | the sports official or coach was an active
participant
of the |
| |||||||
| |||||||
1 | athletic contest held at the athletic facility. For the | ||||||
2 | purposes of
this paragraph (11), "sports official" means a | ||||||
3 | person at an athletic contest
who enforces the rules of the | ||||||
4 | contest, such as an umpire or referee; "athletic facility" | ||||||
5 | means an indoor or outdoor playing field or recreational area | ||||||
6 | where sports activities are conducted;
and "coach" means a | ||||||
7 | person recognized as a coach by the sanctioning
authority that | ||||||
8 | conducted the sporting event. | ||||||
9 | (12) A person may not receive a disposition of court | ||||||
10 | supervision for a
violation of Section 5-16 of the Boat | ||||||
11 | Registration and Safety Act if that
person has previously | ||||||
12 | received a disposition of court supervision for a
violation of | ||||||
13 | that Section.
| ||||||
14 | (13) A person convicted of or placed on court supervision | ||||||
15 | for an assault or aggravated assault when the victim and the | ||||||
16 | offender are family or household members as defined in Section | ||||||
17 | 103 of the Illinois Domestic Violence Act of 1986 or convicted | ||||||
18 | of domestic battery or aggravated domestic battery may be | ||||||
19 | required to attend a Partner Abuse Intervention Program under | ||||||
20 | protocols set forth by the Illinois Department of Human | ||||||
21 | Services under such terms and conditions imposed by the court. | ||||||
22 | The costs of such classes shall be paid by the offender.
| ||||||
23 | (d) In any case in which a sentence originally imposed is | ||||||
24 | vacated,
the case shall be remanded to the trial court. The | ||||||
25 | trial court shall
hold a hearing under Section 5-4-1 of this | ||||||
26 | Code
which may include evidence of the defendant's life, moral |
| |||||||
| |||||||
1 | character and
occupation during the time since the original | ||||||
2 | sentence was passed. The
trial court shall then impose sentence | ||||||
3 | upon the defendant. The trial
court may impose any sentence | ||||||
4 | which could have been imposed at the
original trial subject to | ||||||
5 | Section 5-5-4 of this Code.
If a sentence is vacated on appeal | ||||||
6 | or on collateral attack due to the
failure of the trier of fact | ||||||
7 | at trial to determine beyond a reasonable doubt
the
existence | ||||||
8 | of a fact (other than a prior conviction) necessary to increase | ||||||
9 | the
punishment for the offense beyond the statutory maximum | ||||||
10 | otherwise applicable,
either the defendant may be re-sentenced | ||||||
11 | to a term within the range otherwise
provided or , if the State | ||||||
12 | files notice of its intention to again seek the
extended | ||||||
13 | sentence, the defendant shall be afforded a new trial.
| ||||||
14 | (e) In cases where prosecution for
aggravated criminal | ||||||
15 | sexual abuse under Section 11-1.60 or 12-16 of the
Criminal | ||||||
16 | Code of 1961 or the Criminal Code of 2012 results in conviction | ||||||
17 | of a defendant
who was a family member of the victim at the | ||||||
18 | time of the commission of the
offense, the court shall consider | ||||||
19 | the safety and welfare of the victim and
may impose a sentence | ||||||
20 | of probation only where:
| ||||||
21 | (1) the court finds (A) or (B) or both are appropriate:
| ||||||
22 | (A) the defendant is willing to undergo a court | ||||||
23 | approved counseling
program for a minimum duration of 2 | ||||||
24 | years; or
| ||||||
25 | (B) the defendant is willing to participate in a | ||||||
26 | court approved plan
including but not limited to the |
| |||||||
| |||||||
1 | defendant's:
| ||||||
2 | (i) removal from the household;
| ||||||
3 | (ii) restricted contact with the victim;
| ||||||
4 | (iii) continued financial support of the | ||||||
5 | family;
| ||||||
6 | (iv) restitution for harm done to the victim; | ||||||
7 | and
| ||||||
8 | (v) compliance with any other measures that | ||||||
9 | the court may
deem appropriate; and
| ||||||
10 | (2) the court orders the defendant to pay for the | ||||||
11 | victim's counseling
services, to the extent that the court | ||||||
12 | finds, after considering the
defendant's income and | ||||||
13 | assets, that the defendant is financially capable of
paying | ||||||
14 | for such services, if the victim was under 18 years of age | ||||||
15 | at the
time the offense was committed and requires | ||||||
16 | counseling as a result of the
offense.
| ||||||
17 | Probation may be revoked or modified pursuant to Section | ||||||
18 | 5-6-4; except
where the court determines at the hearing that | ||||||
19 | the defendant violated a
condition of his or her probation | ||||||
20 | restricting contact with the victim or
other family members or | ||||||
21 | commits another offense with the victim or other
family | ||||||
22 | members, the court shall revoke the defendant's probation and
| ||||||
23 | impose a term of imprisonment.
| ||||||
24 | For the purposes of this Section, "family member" and | ||||||
25 | "victim" shall have
the meanings ascribed to them in Section | ||||||
26 | 11-0.1 of the Criminal Code of
2012.
|
| |||||||
| |||||||
1 | (f) (Blank).
| ||||||
2 | (g) Whenever a defendant is convicted of an offense under | ||||||
3 | Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60,
11-14, | ||||||
4 | 11-14.3, 11-14.4 except for an offense that involves keeping a | ||||||
5 | place of juvenile prostitution, 11-15, 11-15.1, 11-16, 11-17, | ||||||
6 | 11-18, 11-18.1, 11-19, 11-19.1, 11-19.2,
12-13, 12-14, | ||||||
7 | 12-14.1, 12-15 or 12-16 of the Criminal Code of 1961 or the | ||||||
8 | Criminal Code of 2012,
the defendant shall undergo medical | ||||||
9 | testing to
determine whether the defendant has any sexually | ||||||
10 | transmissible disease,
including a test for infection with | ||||||
11 | human immunodeficiency virus (HIV) or
any other identified | ||||||
12 | causative agent of acquired immunodeficiency syndrome
(AIDS). | ||||||
13 | Any such medical test shall be performed only by appropriately
| ||||||
14 | licensed medical practitioners and may include an analysis of | ||||||
15 | any bodily
fluids as well as an examination of the defendant's | ||||||
16 | person.
Except as otherwise provided by law, the results of | ||||||
17 | such test shall be kept
strictly confidential by all medical | ||||||
18 | personnel involved in the testing and must
be personally | ||||||
19 | delivered in a sealed envelope to the judge of the court in | ||||||
20 | which
the conviction was entered for the judge's inspection in | ||||||
21 | camera. Acting in
accordance with the best interests of the | ||||||
22 | victim and the public, the judge
shall have the discretion to | ||||||
23 | determine to whom, if anyone, the results of the
testing may be | ||||||
24 | revealed. The court shall notify the defendant
of the test | ||||||
25 | results. The court shall
also notify the victim if requested by | ||||||
26 | the victim, and if the victim is under
the age of 15 and if |
| |||||||
| |||||||
1 | requested by the victim's parents or legal guardian, the
court | ||||||
2 | shall notify the victim's parents or legal guardian of the test
| ||||||
3 | results.
The court shall provide information on the | ||||||
4 | availability of HIV testing
and counseling at Department of | ||||||
5 | Public Health facilities to all parties to
whom the results of | ||||||
6 | the testing are revealed and shall direct the State's
Attorney | ||||||
7 | to provide the information to the victim when possible.
A | ||||||
8 | State's Attorney may petition the court to obtain the results | ||||||
9 | of any HIV test
administered under this Section, and the court | ||||||
10 | shall grant the disclosure if
the State's Attorney shows it is | ||||||
11 | relevant in order to prosecute a charge of
criminal | ||||||
12 | transmission of HIV under Section 12-5.01 or 12-16.2 of the | ||||||
13 | Criminal Code of 1961 or the Criminal Code of 2012
against the | ||||||
14 | defendant. The court shall order that the cost of any such test
| ||||||
15 | shall be paid by the county and may be taxed as costs against | ||||||
16 | the convicted
defendant.
| ||||||
17 | (g-5) When an inmate is tested for an airborne communicable | ||||||
18 | disease, as
determined by the Illinois Department of Public | ||||||
19 | Health including but not
limited to tuberculosis, the results | ||||||
20 | of the test shall be
personally delivered by the warden or his | ||||||
21 | or her designee in a sealed envelope
to the judge of the court | ||||||
22 | in which the inmate must appear for the judge's
inspection in | ||||||
23 | camera if requested by the judge. Acting in accordance with the
| ||||||
24 | best interests of those in the courtroom, the judge shall have | ||||||
25 | the discretion
to determine what if any precautions need to be | ||||||
26 | taken to prevent transmission
of the disease in the courtroom.
|
| |||||||
| |||||||
1 | (h) Whenever a defendant is convicted of an offense under | ||||||
2 | Section 1 or 2
of the Hypodermic Syringes and Needles Act, the | ||||||
3 | defendant shall undergo
medical testing to determine whether | ||||||
4 | the defendant has been exposed to human
immunodeficiency virus | ||||||
5 | (HIV) or any other identified causative agent of
acquired | ||||||
6 | immunodeficiency syndrome (AIDS). Except as otherwise provided | ||||||
7 | by
law, the results of such test shall be kept strictly | ||||||
8 | confidential by all
medical personnel involved in the testing | ||||||
9 | and must be personally delivered in a
sealed envelope to the | ||||||
10 | judge of the court in which the conviction was entered
for the | ||||||
11 | judge's inspection in camera. Acting in accordance with the | ||||||
12 | best
interests of the public, the judge shall have the | ||||||
13 | discretion to determine to
whom, if anyone, the results of the | ||||||
14 | testing may be revealed. The court shall
notify the defendant | ||||||
15 | of a positive test showing an infection with the human
| ||||||
16 | immunodeficiency virus (HIV). The court shall provide | ||||||
17 | information on the
availability of HIV testing and counseling | ||||||
18 | at Department of Public Health
facilities to all parties to | ||||||
19 | whom the results of the testing are revealed and
shall direct | ||||||
20 | the State's Attorney to provide the information to the victim | ||||||
21 | when
possible. A State's Attorney may petition the court to | ||||||
22 | obtain the results of
any HIV test administered under this | ||||||
23 | Section, and the court shall grant the
disclosure if the | ||||||
24 | State's Attorney shows it is relevant in order to prosecute a
| ||||||
25 | charge of criminal transmission of HIV under Section 12-5.01 or | ||||||
26 | 12-16.2 of the Criminal
Code of 1961 or the Criminal Code of |
| |||||||
| |||||||
1 | 2012 against the defendant. The court shall order that the cost | ||||||
2 | of any
such test shall be paid by the county and may be taxed as | ||||||
3 | costs against the
convicted defendant.
| ||||||
4 | (i) All fines and penalties imposed under this Section for | ||||||
5 | any violation
of Chapters 3, 4, 6, and 11 of the Illinois | ||||||
6 | Vehicle Code, or a similar
provision of a local ordinance, and | ||||||
7 | any violation
of the Child Passenger Protection Act, or a | ||||||
8 | similar provision of a local
ordinance, shall be collected and | ||||||
9 | disbursed by the circuit
clerk as provided under the Criminal | ||||||
10 | and Traffic Assessment Act.
| ||||||
11 | (j) In cases when prosecution for any violation of Section | ||||||
12 | 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-8,
11-9, | ||||||
13 | 11-11, 11-14, 11-14.3, 11-14.4, 11-15, 11-15.1, 11-16, 11-17, | ||||||
14 | 11-17.1, 11-18, 11-18.1,
11-19, 11-19.1, 11-19.2, 11-20.1, | ||||||
15 | 11-20.1B, 11-20.3, 11-21, 11-30, 11-40, 12-13, 12-14, 12-14.1, | ||||||
16 | 12-15, or
12-16 of the
Criminal Code of 1961 or the Criminal | ||||||
17 | Code of 2012, any violation of the Illinois Controlled | ||||||
18 | Substances Act,
any violation of the Cannabis Control Act, or | ||||||
19 | any violation of the Methamphetamine Control and Community | ||||||
20 | Protection Act results in conviction, a
disposition of court | ||||||
21 | supervision, or an order of probation granted under
Section 10 | ||||||
22 | of the Cannabis Control Act, Section 410 of the Illinois
| ||||||
23 | Controlled Substances Act, or Section 70 of the Methamphetamine | ||||||
24 | Control and Community Protection Act of a defendant, the court | ||||||
25 | shall determine whether the
defendant is employed by a facility | ||||||
26 | or center as defined under the Child Care
Act of 1969, a public |
| |||||||
| |||||||
1 | or private elementary or secondary school, or otherwise
works | ||||||
2 | with children under 18 years of age on a daily basis. When a | ||||||
3 | defendant
is so employed, the court shall order the Clerk of | ||||||
4 | the Court to send a copy of
the judgment of conviction or order | ||||||
5 | of supervision or probation to the
defendant's employer by | ||||||
6 | certified mail.
If the employer of the defendant is a school, | ||||||
7 | the Clerk of the Court shall
direct the mailing of a copy of | ||||||
8 | the judgment of conviction or order of
supervision or probation | ||||||
9 | to the appropriate regional superintendent of schools.
The | ||||||
10 | regional superintendent of schools shall notify the State Board | ||||||
11 | of
Education of any notification under this subsection.
| ||||||
12 | (j-5) A defendant at least 17 years of age who is convicted | ||||||
13 | of a felony and
who has not been previously convicted of a | ||||||
14 | misdemeanor or felony and who is
sentenced to a term of | ||||||
15 | imprisonment in the Illinois Department of Corrections
shall as | ||||||
16 | a condition of his or her sentence be required by the court to | ||||||
17 | attend
educational courses designed to prepare the defendant | ||||||
18 | for a high school diploma
and to work toward a high school | ||||||
19 | diploma or to work toward passing high school equivalency | ||||||
20 | testing or to work toward
completing a vocational training | ||||||
21 | program offered by the Department of
Corrections. If a | ||||||
22 | defendant fails to complete the educational training
required | ||||||
23 | by his or her sentence during the term of incarceration, the | ||||||
24 | Prisoner
Review Board shall, as a condition of mandatory | ||||||
25 | supervised release, require the
defendant, at his or her own | ||||||
26 | expense, to pursue a course of study toward a high
school |
| |||||||
| |||||||
1 | diploma or passage of high school equivalency testing. The | ||||||
2 | Prisoner Review Board shall
revoke the mandatory supervised | ||||||
3 | release of a defendant who wilfully fails to
comply with this | ||||||
4 | subsection (j-5) upon his or her release from confinement in a
| ||||||
5 | penal institution while serving a mandatory supervised release | ||||||
6 | term; however,
the inability of the defendant after making a | ||||||
7 | good faith effort to obtain
financial aid or pay for the | ||||||
8 | educational training shall not be deemed a wilful
failure to | ||||||
9 | comply. The Prisoner Review Board shall recommit the defendant
| ||||||
10 | whose mandatory supervised release term has been revoked under | ||||||
11 | this subsection
(j-5) as provided in Section 3-3-9. This | ||||||
12 | subsection (j-5) does not apply to a
defendant who has a high | ||||||
13 | school diploma or has successfully passed high school | ||||||
14 | equivalency testing. This subsection (j-5) does not apply to a | ||||||
15 | defendant who is determined by
the court to be a person with a | ||||||
16 | developmental disability or otherwise mentally incapable of
| ||||||
17 | completing the educational or vocational program.
| ||||||
18 | (k) (Blank).
| ||||||
19 | (l) (A) Except as provided
in paragraph (C) of subsection | ||||||
20 | (l), whenever a defendant,
who is an alien as defined by the | ||||||
21 | Immigration and Nationality Act, is convicted
of any felony or | ||||||
22 | misdemeanor offense, the court after sentencing the defendant
| ||||||
23 | may, upon motion of the State's Attorney, hold sentence in | ||||||
24 | abeyance and remand
the defendant to the custody of the | ||||||
25 | Attorney General of
the United States or his or her designated | ||||||
26 | agent to be deported when:
|
| |||||||
| |||||||
1 | (1) a final order of deportation has been issued | ||||||
2 | against the defendant
pursuant to proceedings under the | ||||||
3 | Immigration and Nationality Act, and
| ||||||
4 | (2) the deportation of the defendant would not | ||||||
5 | deprecate the seriousness
of the defendant's conduct and | ||||||
6 | would not be inconsistent with the ends of
justice.
| ||||||
7 | Otherwise, the defendant shall be sentenced as provided in | ||||||
8 | this Chapter V.
| ||||||
9 | (B) If the defendant has already been sentenced for a | ||||||
10 | felony or
misdemeanor
offense, or has been placed on probation | ||||||
11 | under Section 10 of the Cannabis
Control Act,
Section 410 of | ||||||
12 | the Illinois Controlled Substances Act, or Section 70 of the | ||||||
13 | Methamphetamine Control and Community Protection Act, the | ||||||
14 | court
may, upon motion of the State's Attorney to suspend the
| ||||||
15 | sentence imposed, commit the defendant to the custody of the | ||||||
16 | Attorney General
of the United States or his or her designated | ||||||
17 | agent when:
| ||||||
18 | (1) a final order of deportation has been issued | ||||||
19 | against the defendant
pursuant to proceedings under the | ||||||
20 | Immigration and Nationality Act, and
| ||||||
21 | (2) the deportation of the defendant would not | ||||||
22 | deprecate the seriousness
of the defendant's conduct and | ||||||
23 | would not be inconsistent with the ends of
justice.
| ||||||
24 | (C) This subsection (l) does not apply to offenders who are | ||||||
25 | subject to the
provisions of paragraph (2) of subsection (a) of | ||||||
26 | Section 3-6-3.
|
| |||||||
| |||||||
1 | (D) Upon motion of the State's Attorney, if a defendant | ||||||
2 | sentenced under
this Section returns to the jurisdiction of the | ||||||
3 | United States, the defendant
shall be recommitted to the | ||||||
4 | custody of the county from which he or she was
sentenced.
| ||||||
5 | Thereafter, the defendant shall be brought before the | ||||||
6 | sentencing court, which
may impose any sentence that was | ||||||
7 | available under Section 5-5-3 at the time of
initial | ||||||
8 | sentencing. In addition, the defendant shall not be eligible | ||||||
9 | for
additional earned sentence credit as provided under
Section | ||||||
10 | 3-6-3.
| ||||||
11 | (m) A person convicted of criminal defacement of property | ||||||
12 | under Section
21-1.3 of the Criminal Code of 1961 or the | ||||||
13 | Criminal Code of 2012, in which the property damage exceeds | ||||||
14 | $300
and the property damaged is a school building, shall be | ||||||
15 | ordered to perform
community service that may include cleanup, | ||||||
16 | removal, or painting over the
defacement.
| ||||||
17 | (n) The court may sentence a person convicted of a | ||||||
18 | violation of Section
12-19, 12-21, 16-1.3, or 17-56, or | ||||||
19 | subsection (a) or (b) of Section 12-4.4a, of the Criminal Code | ||||||
20 | of 1961 or the Criminal Code of 2012 (i) to an impact
| ||||||
21 | incarceration program if the person is otherwise eligible for | ||||||
22 | that program
under Section 5-8-1.1, (ii) to community service, | ||||||
23 | or (iii) if the person has a substance use disorder, as defined
| ||||||
24 | in the Substance Use Disorder Act, to a treatment program
| ||||||
25 | licensed under that Act. | ||||||
26 | (o) Whenever a person is convicted of a sex offense as |
| |||||||
| |||||||
1 | defined in Section 2 of the Sex Offender Registration Act, the | ||||||
2 | defendant's driver's license or permit shall be subject to | ||||||
3 | renewal on an annual basis in accordance with the provisions of | ||||||
4 | license renewal established by the Secretary of State.
| ||||||
5 | (Source: P.A. 100-575, eff. 1-8-18; 100-759, eff. 1-1-19; | ||||||
6 | 100-987, eff. 7-1-19; 101-81, eff. 7-12-19.)
| ||||||
7 | (730 ILCS 5/5-5-3.2)
| ||||||
8 | Sec. 5-5-3.2. Factors in aggravation and extended-term | ||||||
9 | sentencing.
| ||||||
10 | (a) The following factors shall be accorded weight in favor | ||||||
11 | of
imposing a term of imprisonment or may be considered by the | ||||||
12 | court as reasons
to impose a more severe sentence under Section | ||||||
13 | 5-8-1 or Article 4.5 of Chapter V:
| ||||||
14 | (1) the defendant's conduct caused or threatened | ||||||
15 | serious harm;
| ||||||
16 | (2) the defendant received compensation for committing | ||||||
17 | the offense;
| ||||||
18 | (3) the defendant has a history of prior delinquency or | ||||||
19 | criminal activity;
| ||||||
20 | (4) the defendant, by the duties of his office or by | ||||||
21 | his position,
was obliged to prevent the particular offense | ||||||
22 | committed or to bring
the offenders committing it to | ||||||
23 | justice;
| ||||||
24 | (5) the defendant held public office at the time of the | ||||||
25 | offense,
and the offense related to the conduct of that |
| |||||||
| |||||||
1 | office;
| ||||||
2 | (6) the defendant utilized his professional reputation | ||||||
3 | or
position in the community to commit the offense, or to | ||||||
4 | afford
him an easier means of committing it;
| ||||||
5 | (7) the sentence is necessary to deter others from | ||||||
6 | committing
the same crime;
| ||||||
7 | (8) the defendant committed the offense against a | ||||||
8 | person 60 years of age
or older or such person's property;
| ||||||
9 | (9) the defendant committed the offense against a | ||||||
10 | person who has a physical disability or such person's | ||||||
11 | property;
| ||||||
12 | (10) by reason of another individual's actual or | ||||||
13 | perceived race, color,
creed, religion, ancestry, gender, | ||||||
14 | sexual orientation, physical or mental
disability, or | ||||||
15 | national origin, the defendant committed the offense | ||||||
16 | against (i)
the person or property
of that individual; (ii) | ||||||
17 | the person or property of a person who has an
association | ||||||
18 | with, is married to, or has a friendship with the other | ||||||
19 | individual;
or (iii) the person or property of a relative | ||||||
20 | (by blood or marriage) of a
person described in clause (i) | ||||||
21 | or (ii). For the purposes of this Section,
"sexual | ||||||
22 | orientation" has the meaning ascribed to it in paragraph | ||||||
23 | (O-1) of Section 1-103 of the Illinois Human Rights Act;
| ||||||
24 | (11) the offense took place in a place of worship or on | ||||||
25 | the
grounds of a place of worship, immediately prior to, | ||||||
26 | during or immediately
following worship services. For |
| |||||||
| |||||||
1 | purposes of this subparagraph, "place of
worship" shall | ||||||
2 | mean any church, synagogue or other building, structure or
| ||||||
3 | place used primarily for religious worship;
| ||||||
4 | (12) the defendant was convicted of a felony committed | ||||||
5 | while he was
released on bail or his own recognizance | ||||||
6 | pending trial for a prior felony
and was convicted of such | ||||||
7 | prior felony, or the defendant was convicted of a
felony | ||||||
8 | committed while he was serving a period of probation,
| ||||||
9 | conditional discharge, or mandatory supervised release | ||||||
10 | under subsection (d)
of Section 5-8-1
for a prior felony;
| ||||||
11 | (13) the defendant committed or attempted to commit a | ||||||
12 | felony while he
was wearing a bulletproof vest. For the | ||||||
13 | purposes of this paragraph (13), a
bulletproof vest is any | ||||||
14 | device which is designed for the purpose of
protecting the | ||||||
15 | wearer from bullets, shot or other lethal projectiles;
| ||||||
16 | (14) the defendant held a position of trust or | ||||||
17 | supervision such as, but
not limited to, family member as | ||||||
18 | defined in Section 11-0.1 of the Criminal Code
of 2012, | ||||||
19 | teacher, scout leader, baby sitter, or day care worker, in
| ||||||
20 | relation to a victim under 18 years of age, and the | ||||||
21 | defendant committed an
offense in violation of Section | ||||||
22 | 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-11, | ||||||
23 | 11-14.4 except for an offense that involves keeping a place | ||||||
24 | of juvenile prostitution, 11-15.1, 11-19.1, 11-19.2,
| ||||||
25 | 11-20.1, 11-20.1B, 11-20.3, 12-13, 12-14, 12-14.1, 12-15 | ||||||
26 | or 12-16 of the Criminal Code of 1961 or the Criminal Code |
| |||||||
| |||||||
1 | of 2012
against
that victim;
| ||||||
2 | (15) the defendant committed an offense related to the | ||||||
3 | activities of an
organized gang. For the purposes of this | ||||||
4 | factor, "organized gang" has the
meaning ascribed to it in | ||||||
5 | Section 10 of the Streetgang Terrorism Omnibus
Prevention | ||||||
6 | Act;
| ||||||
7 | (16) the defendant committed an offense in violation of | ||||||
8 | one of the
following Sections while in a school, regardless | ||||||
9 | of the time of day or time of
year; on any conveyance | ||||||
10 | owned, leased, or contracted by a school to transport
| ||||||
11 | students to or from school or a school related activity; on | ||||||
12 | the real property
of a school; or on a public way within | ||||||
13 | 1,000 feet of the real property
comprising any school: | ||||||
14 | Section 10-1, 10-2, 10-5, 11-1.20, 11-1.30, 11-1.40, | ||||||
15 | 11-1.50, 11-1.60, 11-14.4, 11-15.1, 11-17.1, 11-18.1,
| ||||||
16 | 11-19.1, 11-19.2, 12-2, 12-4, 12-4.1, 12-4.2, 12-4.3, | ||||||
17 | 12-6, 12-6.1, 12-6.5, 12-13,
12-14, 12-14.1, 12-15, 12-16, | ||||||
18 | 18-2, or 33A-2, or Section 12-3.05 except for subdivision | ||||||
19 | (a)(4) or (g)(1), of the Criminal Code of
1961 or the | ||||||
20 | Criminal Code of 2012;
| ||||||
21 | (16.5) the defendant committed an offense in violation | ||||||
22 | of one of the
following Sections while in a day care | ||||||
23 | center, regardless of the time of day or
time of year; on | ||||||
24 | the real property of a day care center, regardless of the | ||||||
25 | time
of day or time of year; or on a public
way within | ||||||
26 | 1,000 feet of the real property comprising any day care |
| |||||||
| |||||||
1 | center,
regardless of the time of day or time of year:
| ||||||
2 | Section 10-1, 10-2, 10-5, 11-1.20, 11-1.30, 11-1.40, | ||||||
3 | 11-1.50, 11-1.60, 11-14.4, 11-15.1, 11-17.1, 11-18.1, | ||||||
4 | 11-19.1, 11-19.2, 12-2,
12-4, 12-4.1, 12-4.2, 12-4.3, | ||||||
5 | 12-6,
12-6.1, 12-6.5, 12-13, 12-14, 12-14.1, 12-15, 12-16, | ||||||
6 | 18-2, or 33A-2, or Section 12-3.05 except for subdivision | ||||||
7 | (a)(4) or (g)(1), of the Criminal
Code of 1961 or the | ||||||
8 | Criminal Code of 2012;
| ||||||
9 | (17) the defendant committed the offense by reason of | ||||||
10 | any person's
activity as a community policing volunteer or | ||||||
11 | to prevent any person from
engaging in activity as a | ||||||
12 | community policing volunteer. For the purpose of
this | ||||||
13 | Section, "community policing volunteer" has the meaning | ||||||
14 | ascribed to it in
Section 2-3.5 of the Criminal Code of | ||||||
15 | 2012;
| ||||||
16 | (18) the defendant committed the offense in a nursing | ||||||
17 | home or on the
real
property comprising a nursing home. For | ||||||
18 | the purposes of this paragraph (18),
"nursing home" means a | ||||||
19 | skilled nursing
or intermediate long term care facility | ||||||
20 | that is subject to license by the
Illinois Department of | ||||||
21 | Public Health under the Nursing Home Care
Act, the | ||||||
22 | Specialized Mental Health Rehabilitation Act of 2013, the | ||||||
23 | ID/DD Community Care Act, or the MC/DD Act;
| ||||||
24 | (19) the defendant was a federally licensed firearm | ||||||
25 | dealer
and
was
previously convicted of a violation of | ||||||
26 | subsection (a) of Section 3 of the
Firearm Owners |
| |||||||
| |||||||
1 | Identification Card Act and has now committed either a | ||||||
2 | felony
violation
of the Firearm Owners Identification Card | ||||||
3 | Act or an act of armed violence while
armed
with a firearm; | ||||||
4 | (20) the defendant (i) committed the offense of | ||||||
5 | reckless homicide under Section 9-3 of the Criminal Code of | ||||||
6 | 1961 or the Criminal Code of 2012 or the offense of driving | ||||||
7 | under the influence of alcohol, other drug or
drugs, | ||||||
8 | intoxicating compound or compounds or any combination | ||||||
9 | thereof under Section 11-501 of the Illinois Vehicle Code | ||||||
10 | or a similar provision of a local ordinance and (ii) was | ||||||
11 | operating a motor vehicle in excess of 20 miles per hour | ||||||
12 | over the posted speed limit as provided in Article VI of | ||||||
13 | Chapter 11 of the Illinois Vehicle Code;
| ||||||
14 | (21) the defendant (i) committed the offense of | ||||||
15 | reckless driving or aggravated reckless driving under | ||||||
16 | Section 11-503 of the Illinois Vehicle Code and (ii) was | ||||||
17 | operating a motor vehicle in excess of 20 miles per hour | ||||||
18 | over the posted speed limit as provided in Article VI of | ||||||
19 | Chapter 11 of the Illinois Vehicle Code; | ||||||
20 | (22) the defendant committed the offense against a | ||||||
21 | person that the defendant knew, or reasonably should have | ||||||
22 | known, was a member of the Armed Forces of the United | ||||||
23 | States serving on active duty. For purposes of this clause | ||||||
24 | (22), the term "Armed Forces" means any of the Armed Forces | ||||||
25 | of the United States, including a member of any reserve | ||||||
26 | component thereof or National Guard unit called to active |
| |||||||
| |||||||
1 | duty;
| ||||||
2 | (23)
the defendant committed the offense against a | ||||||
3 | person who was elderly or infirm or who was a person with a | ||||||
4 | disability by taking advantage of a family or fiduciary | ||||||
5 | relationship with the elderly or infirm person or person | ||||||
6 | with a disability;
| ||||||
7 | (24)
the defendant committed any offense under Section | ||||||
8 | 11-20.1 of the Criminal Code of 1961 or the Criminal Code | ||||||
9 | of 2012 and possessed 100 or more images;
| ||||||
10 | (25) the defendant committed the offense while the | ||||||
11 | defendant or the victim was in a train, bus, or other | ||||||
12 | vehicle used for public transportation; | ||||||
13 | (26) the defendant committed the offense of child | ||||||
14 | pornography or aggravated child pornography, specifically | ||||||
15 | including paragraph (1), (2), (3), (4), (5), or (7) of | ||||||
16 | subsection (a) of Section 11-20.1 of the Criminal Code of | ||||||
17 | 1961 or the Criminal Code of 2012 where a child engaged in, | ||||||
18 | solicited for, depicted in, or posed in any act of sexual | ||||||
19 | penetration or bound, fettered, or subject to sadistic, | ||||||
20 | masochistic, or sadomasochistic abuse in a sexual context | ||||||
21 | and specifically including paragraph (1), (2), (3), (4), | ||||||
22 | (5), or (7) of subsection (a) of Section 11-20.1B or | ||||||
23 | Section 11-20.3 of the Criminal Code of 1961 where a child | ||||||
24 | engaged in, solicited for, depicted in, or posed in any act | ||||||
25 | of sexual penetration or bound, fettered, or subject to | ||||||
26 | sadistic, masochistic, or sadomasochistic abuse in a |
| |||||||
| |||||||
1 | sexual context; | ||||||
2 | (27) the defendant committed the offense of first | ||||||
3 | degree murder, assault, aggravated assault, battery, | ||||||
4 | aggravated battery, robbery, armed robbery, or aggravated | ||||||
5 | robbery against a person who was a veteran and the | ||||||
6 | defendant knew, or reasonably should have known, that the | ||||||
7 | person was a veteran performing duties as a representative | ||||||
8 | of a veterans' organization. For the purposes of this | ||||||
9 | paragraph (27), "veteran" means an Illinois resident who | ||||||
10 | has served as a member of the United States Armed Forces, a | ||||||
11 | member of the Illinois National Guard, or a member of the | ||||||
12 | United States Reserve Forces; and "veterans' organization" | ||||||
13 | means an organization comprised of members of
which | ||||||
14 | substantially all are individuals who are veterans or | ||||||
15 | spouses,
widows, or widowers of veterans, the primary | ||||||
16 | purpose of which is to
promote the welfare of its members | ||||||
17 | and to provide assistance to the general
public in such a | ||||||
18 | way as to confer a public benefit; | ||||||
19 | (28) the defendant committed the offense of assault, | ||||||
20 | aggravated assault, battery, aggravated battery, robbery, | ||||||
21 | armed robbery, or aggravated robbery against a person that | ||||||
22 | the defendant knew or reasonably should have known was a | ||||||
23 | letter carrier or postal worker while that person was | ||||||
24 | performing his or her duties delivering mail for the United | ||||||
25 | States Postal Service; | ||||||
26 | (29) the defendant committed the offense of criminal |
| |||||||
| |||||||
1 | sexual assault, aggravated criminal sexual assault, | ||||||
2 | criminal sexual abuse, or aggravated criminal sexual abuse | ||||||
3 | against a victim with an intellectual disability, and the | ||||||
4 | defendant holds a position of trust, authority, or | ||||||
5 | supervision in relation to the victim; | ||||||
6 | (30) the defendant committed the offense of promoting | ||||||
7 | juvenile prostitution, patronizing a prostitute, or | ||||||
8 | patronizing a minor engaged in prostitution and at the time | ||||||
9 | of the commission of the offense knew that the prostitute | ||||||
10 | or minor engaged in prostitution was in the custody or | ||||||
11 | guardianship of the Department of Children and Family | ||||||
12 | Services; | ||||||
13 | (31) the defendant (i) committed the offense of driving | ||||||
14 | while under the influence of alcohol, other drug or drugs, | ||||||
15 | intoxicating compound or compounds or any combination | ||||||
16 | thereof in violation of Section 11-501 of the Illinois | ||||||
17 | Vehicle Code or a similar provision of a local ordinance | ||||||
18 | and (ii) the defendant during the commission of the offense | ||||||
19 | was driving his or her vehicle upon a roadway designated | ||||||
20 | for one-way traffic in the opposite direction of the | ||||||
21 | direction indicated by official traffic control devices; | ||||||
22 | or | ||||||
23 | (32) the defendant committed the offense of reckless | ||||||
24 | homicide while committing a violation of Section 11-907 of | ||||||
25 | the Illinois Vehicle Code ; . | ||||||
26 | (33) (32) the defendant was found guilty of an |
| |||||||
| |||||||
1 | administrative infraction related to an act or acts of | ||||||
2 | public indecency or sexual misconduct in the penal | ||||||
3 | institution. In this paragraph (33) (32) , "penal | ||||||
4 | institution" has the same meaning as in Section 2-14 of the | ||||||
5 | Criminal Code of 2012 ; or . | ||||||
6 | (34) (32) the defendant committed the offense of | ||||||
7 | leaving the scene of an accident in violation of subsection | ||||||
8 | (b) of Section 11-401 of the Illinois Vehicle Code and the | ||||||
9 | accident resulted in the death of a person and at the time | ||||||
10 | of the offense, the defendant was: (i) driving under the | ||||||
11 | influence of alcohol, other drug or drugs, intoxicating | ||||||
12 | compound or compounds or any combination thereof as defined | ||||||
13 | by Section 11-501 of the Illinois Vehicle Code; or (ii) | ||||||
14 | operating the motor vehicle while using an electronic | ||||||
15 | communication device as defined in Section 12-610.2 of the | ||||||
16 | Illinois Vehicle Code. | ||||||
17 | For the purposes of this Section:
| ||||||
18 | "School" is defined as a public or private
elementary or | ||||||
19 | secondary school, community college, college, or university.
| ||||||
20 | "Day care center" means a public or private State certified | ||||||
21 | and
licensed day care center as defined in Section 2.09 of the | ||||||
22 | Child Care Act of
1969 that displays a sign in plain view | ||||||
23 | stating that the
property is a day care center.
| ||||||
24 | "Intellectual disability" means significantly subaverage | ||||||
25 | intellectual functioning which exists concurrently
with | ||||||
26 | impairment in adaptive behavior. |
| |||||||
| |||||||
1 | "Public transportation" means the transportation
or | ||||||
2 | conveyance of persons by means available to the general public, | ||||||
3 | and includes paratransit services. | ||||||
4 | "Traffic control devices" means all signs, signals, | ||||||
5 | markings, and devices that conform to the Illinois Manual on | ||||||
6 | Uniform Traffic Control Devices, placed or erected by authority | ||||||
7 | of a public body or official having jurisdiction, for the | ||||||
8 | purpose of regulating, warning, or guiding traffic. | ||||||
9 | (b) (Blank). The following factors, related to all | ||||||
10 | felonies, may be considered by the court as
reasons to impose | ||||||
11 | an extended term sentence under Section 5-8-2
upon any | ||||||
12 | offender:
| ||||||
13 | (1) When a defendant is convicted of any felony, after | ||||||
14 | having
been previously convicted in Illinois or any other | ||||||
15 | jurisdiction of the
same or similar class felony or greater | ||||||
16 | class felony, when such conviction
has occurred within 10 | ||||||
17 | years after the
previous conviction, excluding time spent | ||||||
18 | in custody, and such charges are
separately brought and | ||||||
19 | tried and arise out of different series of acts; or
| ||||||
20 | (2) When a defendant is convicted of any felony and the | ||||||
21 | court
finds that the offense was accompanied by | ||||||
22 | exceptionally brutal
or heinous behavior indicative of | ||||||
23 | wanton cruelty; or
| ||||||
24 | (3) When a defendant is convicted of any felony | ||||||
25 | committed against:
| ||||||
26 | (i) a person under 12 years of age at the time of |
| |||||||
| |||||||
1 | the offense or such
person's property;
| ||||||
2 | (ii) a person 60 years of age or older at the time | ||||||
3 | of the offense or
such person's property; or
| ||||||
4 | (iii) a person who had a physical disability at the | ||||||
5 | time of the offense or
such person's property; or
| ||||||
6 | (4) When a defendant is convicted of any felony and the | ||||||
7 | offense
involved any of the following types of specific | ||||||
8 | misconduct committed as
part of a ceremony, rite, | ||||||
9 | initiation, observance, performance, practice or
activity | ||||||
10 | of any actual or ostensible religious, fraternal, or social | ||||||
11 | group:
| ||||||
12 | (i) the brutalizing or torturing of humans or | ||||||
13 | animals;
| ||||||
14 | (ii) the theft of human corpses;
| ||||||
15 | (iii) the kidnapping of humans;
| ||||||
16 | (iv) the desecration of any cemetery, religious, | ||||||
17 | fraternal, business,
governmental, educational, or | ||||||
18 | other building or property; or
| ||||||
19 | (v) ritualized abuse of a child; or
| ||||||
20 | (5) When a defendant is convicted of a felony other | ||||||
21 | than conspiracy and
the court finds that
the felony was | ||||||
22 | committed under an agreement with 2 or more other persons
| ||||||
23 | to commit that offense and the defendant, with respect to | ||||||
24 | the other
individuals, occupied a position of organizer, | ||||||
25 | supervisor, financier, or any
other position of management | ||||||
26 | or leadership, and the court further finds that
the felony |
| |||||||
| |||||||
1 | committed was related to or in furtherance of the criminal
| ||||||
2 | activities of an organized gang or was motivated by the | ||||||
3 | defendant's leadership
in an organized gang; or
| ||||||
4 | (6) When a defendant is convicted of an offense | ||||||
5 | committed while using a firearm with a
laser sight attached | ||||||
6 | to it. For purposes of this paragraph, "laser sight"
has | ||||||
7 | the meaning ascribed to it in Section 26-7 of the Criminal | ||||||
8 | Code of
2012; or
| ||||||
9 | (7) When a defendant who was at least 17 years of age | ||||||
10 | at the
time of
the commission of the offense is convicted | ||||||
11 | of a felony and has been previously
adjudicated a | ||||||
12 | delinquent minor under the Juvenile Court Act of 1987 for | ||||||
13 | an act
that if committed by an adult would be a Class X or | ||||||
14 | Class 1 felony when the
conviction has occurred within 10 | ||||||
15 | years after the previous adjudication,
excluding time | ||||||
16 | spent in custody; or
| ||||||
17 | (8) When a defendant commits any felony and the | ||||||
18 | defendant used, possessed, exercised control over, or | ||||||
19 | otherwise directed an animal to assault a law enforcement | ||||||
20 | officer engaged in the execution of his or her official | ||||||
21 | duties or in furtherance of the criminal activities of an | ||||||
22 | organized gang in which the defendant is engaged; or
| ||||||
23 | (9) When a defendant commits any felony and the | ||||||
24 | defendant knowingly video or audio records the offense with | ||||||
25 | the intent to disseminate the recording. | ||||||
26 | (c) (Blank). The following factors may be considered by the |
| |||||||
| |||||||
1 | court as reasons to impose an extended term sentence under | ||||||
2 | Section 5-8-2 (730 ILCS 5/5-8-2) upon any offender for the | ||||||
3 | listed offenses: | ||||||
4 | (1) When a defendant is convicted of first degree | ||||||
5 | murder, after having been previously convicted in Illinois | ||||||
6 | of any offense listed under paragraph (c)(2) of Section | ||||||
7 | 5-5-3 (730 ILCS 5/5-5-3), when that conviction has occurred | ||||||
8 | within 10 years after the previous conviction, excluding | ||||||
9 | time spent in custody, and the charges are separately | ||||||
10 | brought and tried and arise out of different series of | ||||||
11 | acts. | ||||||
12 | (1.5) When a defendant is convicted of first degree | ||||||
13 | murder, after having been previously convicted of domestic | ||||||
14 | battery (720 ILCS 5/12-3.2) or aggravated domestic battery | ||||||
15 | (720 ILCS 5/12-3.3) committed on the same victim or after | ||||||
16 | having been previously convicted of violation of an order | ||||||
17 | of protection (720 ILCS 5/12-30) in which the same victim | ||||||
18 | was the protected person. | ||||||
19 | (2) When a defendant is convicted of voluntary | ||||||
20 | manslaughter, second degree murder, involuntary | ||||||
21 | manslaughter, or reckless homicide in which the defendant | ||||||
22 | has been convicted of causing the death of more than one | ||||||
23 | individual. | ||||||
24 | (3) When a defendant is convicted of aggravated | ||||||
25 | criminal sexual assault or criminal sexual assault, when | ||||||
26 | there is a finding that aggravated criminal sexual assault |
| |||||||
| |||||||
1 | or criminal sexual assault was also committed on the same | ||||||
2 | victim by one or more other individuals, and the defendant | ||||||
3 | voluntarily participated in the crime with the knowledge of | ||||||
4 | the participation of the others in the crime, and the | ||||||
5 | commission of the crime was part of a single course of | ||||||
6 | conduct during which there was no substantial change in the | ||||||
7 | nature of the criminal objective. | ||||||
8 | (4) If the victim was under 18 years of age at the time | ||||||
9 | of the commission of the offense, when a defendant is | ||||||
10 | convicted of aggravated criminal sexual assault or | ||||||
11 | predatory criminal sexual assault of a child under | ||||||
12 | subsection (a)(1) of Section 11-1.40 or subsection (a)(1) | ||||||
13 | of Section 12-14.1 of the Criminal Code of 1961 or the | ||||||
14 | Criminal Code of 2012 (720 ILCS 5/11-1.40 or 5/12-14.1). | ||||||
15 | (5) When a defendant is convicted of a felony violation | ||||||
16 | of Section 24-1 of the Criminal Code of 1961 or the | ||||||
17 | Criminal Code of 2012 (720 ILCS 5/24-1) and there is a | ||||||
18 | finding that the defendant is a member of an organized | ||||||
19 | gang. | ||||||
20 | (6) When a defendant was convicted of unlawful use of | ||||||
21 | weapons under Section 24-1 of the Criminal Code of 1961 or | ||||||
22 | the Criminal Code of 2012 (720 ILCS 5/24-1) for possessing | ||||||
23 | a weapon that is not readily distinguishable as one of the | ||||||
24 | weapons enumerated in Section 24-1 of the Criminal Code of | ||||||
25 | 1961 or the Criminal Code of 2012 (720 ILCS 5/24-1). | ||||||
26 | (7) When a defendant is convicted of an offense |
| |||||||
| |||||||
1 | involving the illegal manufacture of a controlled | ||||||
2 | substance under Section 401 of the Illinois Controlled | ||||||
3 | Substances Act (720 ILCS 570/401), the illegal manufacture | ||||||
4 | of methamphetamine under Section 25 of the Methamphetamine | ||||||
5 | Control and Community Protection Act (720 ILCS 646/25), or | ||||||
6 | the illegal possession of explosives and an emergency | ||||||
7 | response officer in the performance of his or her duties is | ||||||
8 | killed or injured at the scene of the offense while | ||||||
9 | responding to the emergency caused by the commission of the | ||||||
10 | offense. In this paragraph, "emergency" means a situation | ||||||
11 | in which a person's life, health, or safety is in jeopardy; | ||||||
12 | and "emergency response officer" means a peace officer, | ||||||
13 | community policing volunteer, fireman, emergency medical | ||||||
14 | technician-ambulance, emergency medical | ||||||
15 | technician-intermediate, emergency medical | ||||||
16 | technician-paramedic, ambulance driver, other medical | ||||||
17 | assistance or first aid personnel, or hospital emergency | ||||||
18 | room personnel.
| ||||||
19 | (8) When the defendant is convicted of attempted mob | ||||||
20 | action, solicitation to commit mob action, or conspiracy to | ||||||
21 | commit mob action under Section 8-1, 8-2, or 8-4 of the | ||||||
22 | Criminal Code of 2012, where the criminal object is a | ||||||
23 | violation of Section 25-1 of the Criminal Code of 2012, and | ||||||
24 | an electronic communication is used in the commission of | ||||||
25 | the offense. For the purposes of this paragraph (8), | ||||||
26 | "electronic communication" shall have the meaning provided |
| |||||||
| |||||||
1 | in Section 26.5-0.1 of the Criminal Code of 2012. | ||||||
2 | (d) (Blank). For the purposes of this Section, "organized | ||||||
3 | gang" has the meaning
ascribed to it in Section 10 of the | ||||||
4 | Illinois Streetgang Terrorism Omnibus
Prevention Act.
| ||||||
5 | (e) (Blank). The court may impose an extended term sentence | ||||||
6 | under Article 4.5 of Chapter V upon an offender who has been | ||||||
7 | convicted of a felony violation of Section 11-1.20, 11-1.30, | ||||||
8 | 11-1.40, 11-1.50, 11-1.60, 12-13, 12-14, 12-14.1, 12-15, or | ||||||
9 | 12-16 of the Criminal Code of 1961 or the Criminal Code of 2012 | ||||||
10 | when the victim of the offense is under 18 years of age at the | ||||||
11 | time of the commission of the offense and, during the | ||||||
12 | commission of the offense, the victim was under the influence | ||||||
13 | of alcohol, regardless of whether or not the alcohol was | ||||||
14 | supplied by the offender; and the offender, at the time of the | ||||||
15 | commission of the offense, knew or should have known that the | ||||||
16 | victim had consumed alcohol. | ||||||
17 | (Source: P.A. 100-1053, eff. 1-1-19; 101-173, eff. 1-1-20; | ||||||
18 | 101-401, eff. 1-1-20; 101-417, eff. 1-1-20; revised 9-18-19.)
| ||||||
19 | (730 ILCS 5/5-5-4) (from Ch. 38, par. 1005-5-4)
| ||||||
20 | Sec. 5-5-4. Resentences.
| ||||||
21 | (a) Where a conviction or sentence has been set aside on | ||||||
22 | direct review
or on collateral attack, the court shall not | ||||||
23 | impose a new sentence for the same
offense or for a different | ||||||
24 | offense based on the same conduct which is more
severe than the | ||||||
25 | prior sentence less the portion of the prior sentence
|
| |||||||
| |||||||
1 | previously satisfied unless the more severe sentence is based | ||||||
2 | upon conduct
on the part of the defendant occurring after the | ||||||
3 | original sentencing.
If a sentence is vacated on appeal or on | ||||||
4 | collateral attack due to the
failure of the trier of fact at | ||||||
5 | trial to determine beyond a reasonable doubt
the existence of a | ||||||
6 | fact (other than a prior conviction) necessary to increase
the
| ||||||
7 | punishment for the offense beyond the statutory maximum | ||||||
8 | otherwise applicable,
either the defendant may be re-sentenced | ||||||
9 | to a term within the range otherwise
provided or, if the State | ||||||
10 | files notice of its intention to again seek the
extended | ||||||
11 | sentence, the defendant shall be afforded a new trial.
| ||||||
12 | (b) If a conviction or sentence has been set aside on | ||||||
13 | direct review or on
collateral attack and
the court determines | ||||||
14 | by clear and convincing evidence that the defendant was
| ||||||
15 | factually innocent of the
charge, the court shall enter an | ||||||
16 | order expunging the record of arrest from the
official records | ||||||
17 | of the
arresting authority and order that the records of the | ||||||
18 | clerk of the circuit
court and Department of
State Police be | ||||||
19 | sealed until further order of the court upon good cause shown
| ||||||
20 | or as otherwise provided
herein, and the name of the defendant | ||||||
21 | obliterated from the official index
requested to be kept by the
| ||||||
22 | circuit court clerk under Section 16 of the Clerks of Courts | ||||||
23 | Act in connection
with the arrest and
conviction for the | ||||||
24 | offense but the order shall not affect any index issued by
the | ||||||
25 | circuit court clerk before the entry of the order. The court | ||||||
26 | shall enter the expungement order regardless of whether the |
| |||||||
| |||||||
1 | defendant has prior criminal convictions.
| ||||||
2 | All records sealed by the Department of State Police may be
| ||||||
3 | disseminated by the Department only as required by law or to | ||||||
4 | the arresting
authority, the State's Attorney, the court upon a | ||||||
5 | later arrest for the same or
similar offense, or for the | ||||||
6 | purpose of sentencing for any subsequent felony.
Upon | ||||||
7 | conviction for any subsequent offense, the Department of | ||||||
8 | Corrections shall
have access to all sealed records of the | ||||||
9 | Department
pertaining to that individual.
| ||||||
10 | Upon entry of the order of expungement, the clerk of the | ||||||
11 | circuit court shall
promptly mail a copy of the order to the | ||||||
12 | person whose records were expunged and
sealed. | ||||||
13 | (c) If a conviction has been vacated as a result of a claim | ||||||
14 | of actual innocence based on newly discovered evidence made | ||||||
15 | under Section 122-1 of the Code of Criminal Procedure of 1963 | ||||||
16 | or Section 2-1401 of the Code of Civil Procedure, and the | ||||||
17 | provisions of paragraphs (1) and (2) of subsection (g) of | ||||||
18 | Section 2-702 of the Code of Civil Procedure are otherwise | ||||||
19 | satisfied, the court shall enter an order for a certificate of | ||||||
20 | innocence and an order expunging the conviction for which the | ||||||
21 | petitioner has been determined to be innocent as provided in | ||||||
22 | subsection (h) of Section 2-702 of the Code of Civil Procedure.
| ||||||
23 | (Source: P.A. 98-133, eff. 1-1-14.)
| ||||||
24 | (730 ILCS 5/5-8-2 rep.)
| ||||||
25 | Section 20. The Unified Code of Corrections is amended by |
| |||||||
| |||||||
1 | repealing Section 5-8-2.
| ||||||
2 | Section 99. Effective date. This Act takes effect upon | ||||||
3 | becoming law.
|