Illinois-2019-HB5010-Introduced

101ST GENERAL ASSEMBLY State of Illinois 2019 and 2020 HB5010

Introduced , by Rep. Kelly M. Cassidy

SYNOPSIS AS INTRODUCED:

`625 ILCS 5/6-303`	`from Ch. 95 1/2, par. 6-303`
`720 ILCS 5/9-3.3`	`from Ch. 38, par. 9-3.3`
`720 ILCS 5/10-9`
`720 ILCS 5/12-3.3`
`730 ILCS 5/5-4.5-20`
`730 ILCS 5/5-4.5-25`
`730 ILCS 5/5-4.5-30`
`730 ILCS 5/5-4.5-35`
`730 ILCS 5/5-4.5-40`
`730 ILCS 5/5-4.5-45`
`730 ILCS 5/5-5-3`
`730 ILCS 5/5-5-3.2`
`730 ILCS 5/5-5-4`	`from Ch. 38, par. 1005-5-4`
`730 ILCS 5/5-8-2 rep.`

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.

LRB101 17238 RLC 66642 b

A BILL FOR

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LRB101 17238 RLC 66642 b

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

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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

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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,

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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

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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

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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:

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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,

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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

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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),

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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

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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

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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

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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

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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

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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

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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

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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:

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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

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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,

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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

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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

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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.

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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

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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

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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

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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~~

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LRB101 17238 RLC 66642 b

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~~

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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

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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

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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

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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

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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.

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LRB101 17238 RLC 66642 b

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)~~.

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LRB101 17238 RLC 66642 b

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)

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LRB101 17238 RLC 66642 b

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.

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LRB101 17238 RLC 66642 b

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

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LRB101 17238 RLC 66642 b

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

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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

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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.

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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

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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

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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

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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).

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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

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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.

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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

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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

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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

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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

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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.

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LRB101 17238 RLC 66642 b

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

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LRB101 17238 RLC 66642 b

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.

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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

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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

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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

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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:

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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.

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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.

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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~~

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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~~

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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~~

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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~~

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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~~

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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~~

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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

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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

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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

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1 repealing Section 5-8-2.

2 Section 99. Effective date. This Act takes effect upon

3 becoming law.