Bill Text: IL SB1971 | 2019-2020 | 101st General Assembly | Introduced

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Bill Title: Amends the Counties Code. Provides that in a county exceeding a population of 3,000,000, if the court determines that the appointment of a special prosecutor is required because the State's Attorney is sick, absent, or unable to fulfill his or her duties or has a conflict of interest, the court shall request the Office of the State's Attorneys Appellate Prosecutor to serve as the special prosecutor where the cause or proceeding is an officer-involved death. Amends the Criminal Code of 2012. Increases the threshold amount of theft not from the person and retail theft that enhances the offense from a misdemeanor to a felony to $2,000. Amends the Cannabis Control Act, the Illinois Controlled Substances Act, the Drug Paraphernalia Control Act, the Methamphetamine Control and Community Protection Act, and the Unified Code of Corrections. Lowers penalties for the manufacture, delivery, possession with intent to manufacture or deliver, and trafficking and possession of cannabis, controlled substances, and methamphetamine. Amends the Unified Code of Corrections. Makes changes in eligibility for the Offender Initiative Program and the Second Chance Probation Program. Increases the maximum amount of sentence credit that a prisoner may receive for various offenses from 4.5 to 8.5 (from 7.5 to 10.5 for gunrunning, drug-induced homicide, or aggravated methamphetamine-related child endangerment) days of sentence credit for each month of his or her sentence of imprisonment. Reduces the mandatory supervised release term for Class X, 1, and 2 felonies other than certain sex offenses to 18 months. Makes other changes.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2021-01-13 - Session Sine Die [SB1971 Detail]

Download: Illinois-2019-SB1971-Introduced.html

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101ST GENERAL ASSEMBLY State of Illinois 2019 and 2020 SB1971 Introduced 2/15/2019, by Sen. Elgie R. Sims, Jr. SYNOPSIS AS INTRODUCED:
See Index
Amends the Counties Code. Provides that in a county exceeding a population of 3,000,000, if the court determines that the appointment of a special prosecutor is required because the State's Attorney is sick, absent, or unable to fulfill his or her duties or has a conflict of interest, the court shall request the Office of the State's Attorneys Appellate Prosecutor to serve as the special prosecutor where the cause or proceeding is an officer-involved death. Amends the Criminal Code of 2012. Increases the threshold amount of theft not from the person and retail theft that enhances the offense from a misdemeanor to a felony to $2,000. Amends the Cannabis Control Act, the Illinois Controlled Substances Act, the Drug Paraphernalia Control Act, the Methamphetamine Control and Community Protection Act, and the Unified Code of Corrections. Lowers penalties for the manufacture, delivery, possession with intent to manufacture or deliver, and trafficking and possession of cannabis, controlled substances, and methamphetamine. Amends the Unified Code of Corrections. Makes changes in eligibility for the Offender Initiative Program and the Second Chance Probation Program. Increases the maximum amount of sentence credit that a prisoner may receive for various offenses from 4.5 to 8.5 (from 7.5 to 10.5 for gunrunning, drug-induced homicide, or aggravated methamphetamine-related child endangerment) days of sentence credit for each month of his or her sentence of imprisonment. Reduces the mandatory supervised release term for Class X, 1, and 2 felonies other than certain sex offenses to 18 months. Makes other changes.
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CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY
A BILL FOR
SB1971 LRB101 08001 SLF 53058 b
AN ACT concerning criminal law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 3. The Counties Code is amended by changing Section
3-9008 as follows:
(55 ILCS 5/3-9008) (from Ch. 34, par. 3-9008)
Sec. 3-9008. Appointment of attorney to perform duties.
(a) (Blank).
(a-5) The court on its own motion, or an interested person
in a cause or proceeding, civil or criminal, may file a
petition alleging that the State's Attorney is sick, absent, or
unable to fulfill his or her duties. The court shall consider
the petition, any documents filed in response, and if
necessary, grant a hearing to determine whether the State's
Attorney is sick, absent, or otherwise unable to fulfill his or
her duties. If the court finds that the State's Attorney is
sick, absent, or otherwise unable to fulfill his or her duties,
the court may appoint some competent attorney to prosecute or
defend the cause or proceeding.
(a-10) The court on its own motion, or an interested person
in a cause or proceeding, civil or criminal, may file a
petition alleging that the State's Attorney has an actual
conflict of interest in the cause or proceeding. The court

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shall consider the petition, any documents filed in response,
and if necessary, grant a hearing to determine whether the
State's Attorney has an actual conflict of interest in the
cause or proceeding. If the court finds that the petitioner has
proven by sufficient facts and evidence that the State's
Attorney has an actual conflict of interest in a specific case,
the court may appoint some competent attorney to prosecute or
defend the cause or proceeding.
(a-15) Notwithstanding subsections (a-5) and (a-10) of
this Section, the State's Attorney may file a petition to
recuse himself or herself from a cause or proceeding for any
other reason he or she deems appropriate and the court shall
appoint a special prosecutor as provided in this Section.
(a-17) In a county exceeding a population of 3,000,000, if
the court determines that the appointment of a special
prosecutor is required under subsection (a-10) or (a-15), the
court shall request the Office of the State's Attorneys
Appellate Prosecutor to serve as the special prosecutor where
the cause or proceeding is an officer-involved death, as that
term is defined in Section 1-5 of the Police and Community
Relations Improvement Act. If the Office of the State's
Attorneys Appellate Prosecutor accepts the request, the Office
of the State's Attorneys Appellate Prosecutor shall be
appointed by the court and shall have the same power and
authority in relation to the cause or proceeding as the State's
Attorney would have had if present and attending to the cause

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or proceedings.
(a-20) Except as provided in subsection (a-17), prior Prior
to appointing a private attorney under this Section, the court
shall contact public agencies, including, but not limited to,
the Office of Attorney General, Office of the State's Attorneys
Appellate Prosecutor, or local State's Attorney's Offices
throughout the State, to determine a public prosecutor's
availability to serve as a special prosecutor at no cost to the
county and shall appoint a public agency if they are able and
willing to accept the appointment. An attorney so appointed
shall have the same power and authority in relation to the
cause or proceeding as the State's Attorney would have if
present and attending to the cause or proceedings.
(b) In case of a vacancy of more than one year occurring in
any county in the office of State's attorney, by death,
resignation or otherwise, and it becomes necessary for the
transaction of the public business, that some competent
attorney act as State's attorney in and for such county during
the period between the time of the occurrence of such vacancy
and the election and qualification of a State's attorney, as
provided by law, the vacancy shall be filled upon the written
request of a majority of the circuit judges of the circuit in
which is located the county where such vacancy exists, by
appointment as provided in The Election Code of some competent
attorney to perform and discharge all the duties of a State's
attorney in the said county, such appointment and all authority

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thereunder to cease upon the election and qualification of a
State's attorney, as provided by law. Any attorney appointed
for any reason under this Section shall possess all the powers
and discharge all the duties of a regularly elected State's
attorney under the laws of the State to the extent necessary to
fulfill the purpose of such appointment, and shall be paid by
the county he serves not to exceed in any one period of 12
months, for the reasonable amount of time actually expended in
carrying out the purpose of such appointment, the same
compensation as provided by law for the State's attorney of the
county, apportioned, in the case of lesser amounts of
compensation, as to the time of service reasonably and actually
expended. The county shall participate in all agreements on the
rate of compensation of a special prosecutor.
(c) An order granting authority to a special prosecutor
must be construed strictly and narrowly by the court. The power
and authority of a special prosecutor shall not be expanded
without prior notice to the county. In the case of the proposed
expansion of a special prosecutor's power and authority, a
county may provide the court with information on the financial
impact of an expansion on the county. Prior to the signing of
an order requiring a county to pay for attorney's fees or
litigation expenses, the county shall be provided with a
detailed copy of the invoice describing the fees, and the
invoice shall include all activities performed in relation to
the case and the amount of time spent on each activity.

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(Source: P.A. 99-352, eff. 1-1-16.)
Section 5. The Criminal Code of 2012 is amended by changing
Sections 16-1 and 16-25 as follows:
(720 ILCS 5/16-1) (from Ch. 38, par. 16-1)
Sec. 16-1. Theft.
(a) A person commits theft when he or she knowingly:
(1) Obtains or exerts unauthorized control over
property of the owner; or
(2) Obtains by deception control over property of the
owner; or
(3) Obtains by threat control over property of the
owner; or
(4) Obtains control over stolen property knowing the
property to have been stolen or under such circumstances as
would reasonably induce him or her to believe that the
property was stolen; or
(5) Obtains or exerts control over property in the
custody of any law enforcement agency which any law
enforcement officer or any individual acting in behalf of a
law enforcement agency explicitly represents to the person
as being stolen or represents to the person such
circumstances as would reasonably induce the person to
believe that the property was stolen, and
(A) Intends to deprive the owner permanently of the

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use or benefit of the property; or
(B) Knowingly uses, conceals or abandons the
property in such manner as to deprive the owner
permanently of such use or benefit; or
(C) Uses, conceals, or abandons the property
knowing such use, concealment or abandonment probably
will deprive the owner permanently of such use or
benefit.
(b) Sentence.
(1) Theft of property not from the person and not
exceeding $2,000 $500 in value is a Class A misdemeanor.
(1.1) Theft of property not from the person and not
exceeding $2,000 $500 in value is a Class 4 felony if the
theft was committed in a school or place of worship or if
the theft was of governmental property.
(2) A person who has been convicted of theft of
property not from the person and not exceeding $2,000 $500
in value who has been previously convicted of felony any
type of theft, robbery, armed robbery, burglary,
residential burglary, possession of burglary tools, home
invasion, forgery, a violation of Section 4-103, 4-103.1,
4-103.2, or 4-103.3 of the Illinois Vehicle Code relating
to the possession of a stolen or converted motor vehicle,
or a violation of Section 17-36 of the Criminal Code of
1961 or the Criminal Code of 2012, or Section 8 of the
Illinois Credit Card and Debit Card Act is guilty of a

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Class 4 felony.
(3) (Blank).
(4) Theft of property from the person not exceeding
$500 in value, or theft of property exceeding $2,000 $500
and not exceeding $10,000 in value, is a Class 3 felony.
(4.1) Theft of property from the person not exceeding
$500 in value, or theft of property exceeding $2,000 $500
and not exceeding $10,000 in value, is a Class 2 felony if
the theft was committed in a school or place of worship or
if the theft was of governmental property.
(5) Theft of property exceeding $10,000 and not
exceeding $100,000 in value is a Class 2 felony.
(5.1) Theft of property exceeding $10,000 and not
exceeding $100,000 in value is a Class 1 felony if the
theft was committed in a school or place of worship or if
the theft was of governmental property.
(6) Theft of property exceeding $100,000 and not
exceeding $500,000 in value is a Class 1 felony.
(6.1) Theft of property exceeding $100,000 in value is
a Class X felony if the theft was committed in a school or
place of worship or if the theft was of governmental
property.
(6.2) Theft of property exceeding $500,000 and not
exceeding $1,000,000 in value is a Class 1
non-probationable felony.
(6.3) Theft of property exceeding $1,000,000 in value

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is a Class X felony.
(7) Theft by deception, as described by paragraph (2)
of subsection (a) of this Section, in which the offender
obtained money or property valued at $5,000 or more from a
victim 60 years of age or older is a Class 2 felony.
(8) Theft by deception, as described by paragraph (2)
of subsection (a) of this Section, in which the offender
falsely poses as a landlord or agent or employee of the
landlord and obtains a rent payment or a security deposit
from a tenant is a Class 3 felony if the rent payment or
security deposit obtained does not exceed $500.
(9) Theft by deception, as described by paragraph (2)
of subsection (a) of this Section, in which the offender
falsely poses as a landlord or agent or employee of the
landlord and obtains a rent payment or a security deposit
from a tenant is a Class 2 felony if the rent payment or
security deposit obtained exceeds $500 and does not exceed
$10,000.
(10) Theft by deception, as described by paragraph (2)
of subsection (a) of this Section, in which the offender
falsely poses as a landlord or agent or employee of the
landlord and obtains a rent payment or a security deposit
from a tenant is a Class 1 felony if the rent payment or
security deposit obtained exceeds $10,000 and does not
exceed $100,000.
(11) Theft by deception, as described by paragraph (2)

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of subsection (a) of this Section, in which the offender
falsely poses as a landlord or agent or employee of the
landlord and obtains a rent payment or a security deposit
from a tenant is a Class X felony if the rent payment or
security deposit obtained exceeds $100,000.
(c) When a charge of theft of property exceeding a
specified value is brought, the value of the property involved
is an element of the offense to be resolved by the trier of
fact as either exceeding or not exceeding the specified value.
(d) Theft by lessee; permissive inference. The trier of
fact may infer evidence that a person intends to deprive the
owner permanently of the use or benefit of the property (1) if
a lessee of the personal property of another fails to return it
to the owner within 10 days after written demand from the owner
for its return or (2) if a lessee of the personal property of
another fails to return it to the owner within 24 hours after
written demand from the owner for its return and the lessee had
presented identification to the owner that contained a
materially fictitious name, address, or telephone number. A
notice in writing, given after the expiration of the leasing
agreement, addressed and mailed, by registered mail, to the
lessee at the address given by him and shown on the leasing
agreement shall constitute proper demand.
(e) Permissive inference; evidence of intent that a person
obtains by deception control over property. The trier of fact
may infer that a person "knowingly obtains by deception control

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over property of the owner" when he or she fails to return,
within 45 days after written demand from the owner, the
downpayment and any additional payments accepted under a
promise, oral or in writing, to perform services for the owner
for consideration of $3,000 or more, and the promisor knowingly
without good cause failed to substantially perform pursuant to
the agreement after taking a down payment of 10% or more of the
agreed upon consideration. This provision shall not apply where
the owner initiated the suspension of performance under the
agreement, or where the promisor responds to the notice within
the 45-day notice period. A notice in writing, addressed and
mailed, by registered mail, to the promisor at the last known
address of the promisor, shall constitute proper demand.
(f) Offender's interest in the property.
(1) It is no defense to a charge of theft of property
that the offender has an interest therein, when the owner
also has an interest to which the offender is not entitled.
(2) Where the property involved is that of the
offender's spouse, no prosecution for theft may be
maintained unless the parties were not living together as
man and wife and were living in separate abodes at the time
of the alleged theft.
(Source: P.A. 96-496, eff. 1-1-10; 96-534, eff. 8-14-09;
96-1000, eff. 7-2-10; 96-1301, eff. 1-1-11; 96-1532, eff.
1-1-12; 96-1551, eff. 7-1-11; 97-597, eff. 1-1-12; 97-1150,
eff. 1-25-13.)

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(720 ILCS 5/16-25)
Sec. 16-25. Retail theft.
(a) A person commits retail theft when he or she knowingly:
(1) Takes possession of, carries away, transfers or
causes to be carried away or transferred any merchandise
displayed, held, stored or offered for sale in a retail
mercantile establishment with the intention of retaining
such merchandise or with the intention of depriving the
merchant permanently of the possession, use or benefit of
such merchandise without paying the full retail value of
such merchandise; or
(2) Alters, transfers, or removes any label, price tag,
marking, indicia of value or any other markings which aid
in determining value affixed to any merchandise displayed,
held, stored or offered for sale in a retail mercantile
establishment and attempts to purchase such merchandise at
less than the full retail value with the intention of
depriving the merchant of the full retail value of such
merchandise; or
(3) Transfers any merchandise displayed, held, stored
or offered for sale in a retail mercantile establishment
from the container in or on which such merchandise is
displayed to any other container with the intention of
depriving the merchant of the full retail value of such
merchandise; or

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(4) Under-rings with the intention of depriving the
merchant of the full retail value of the merchandise; or
(5) Removes a shopping cart from the premises of a
retail mercantile establishment without the consent of the
merchant given at the time of such removal with the
intention of depriving the merchant permanently of the
possession, use or benefit of such cart; or
(6) Represents to a merchant that he, she, or another
is the lawful owner of property, knowing that such
representation is false, and conveys or attempts to convey
that property to a merchant who is the owner of the
property in exchange for money, merchandise credit or other
property of the merchant; or
(7) Uses or possesses any theft detection shielding
device or theft detection device remover with the intention
of using such device to deprive the merchant permanently of
the possession, use or benefit of any merchandise
displayed, held, stored or offered for sale in a retail
mercantile establishment without paying the full retail
value of such merchandise; or
(8) Obtains or exerts unauthorized control over
property of the owner and thereby intends to deprive the
owner permanently of the use or benefit of the property
when a lessee of the personal property of another fails to
return it to the owner, or if the lessee fails to pay the
full retail value of such property to the lessor in

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satisfaction of any contractual provision requiring such,
within 10 days after written demand from the owner for its
return. A notice in writing, given after the expiration of
the leasing agreement, by registered mail, to the lessee at
the address given by the lessee and shown on the leasing
agreement shall constitute proper demand.
(b) Theft by emergency exit. A person commits theft by
emergency exit when he or she commits a retail theft as defined
in subdivisions (a)(1) through (a)(8) of this Section and to
facilitate the theft he or she leaves the retail mercantile
establishment by use of a designated emergency exit.
(c) Permissive inference. If any person:
(1) conceals upon his or her person or among his or her
belongings unpurchased merchandise displayed, held, stored
or offered for sale in a retail mercantile establishment;
and
(2) removes that merchandise beyond the last known
station for receiving payments for that merchandise in that
retail mercantile establishment,
then the trier of fact may infer that the person possessed,
carried away or transferred such merchandise with the intention
of retaining it or with the intention of depriving the merchant
permanently of the possession, use or benefit of such
merchandise without paying the full retail value of such
merchandise.
To "conceal" merchandise means that, although there may be

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some notice of its presence, that merchandise is not visible
through ordinary observation.
(d) Venue. Multiple thefts committed by the same person as
part of a continuing course of conduct in different
jurisdictions that have been aggregated in one jurisdiction may
be prosecuted in any jurisdiction in which one or more of the
thefts occurred.
(e) For the purposes of this Section, "theft detection
shielding device" means any laminated or coated bag or device
designed and intended to shield merchandise from detection by
an electronic or magnetic theft alarm sensor.
(f) Sentence.
(1) A violation of any of subdivisions (a)(1) through
(a)(6) and (a)(8) of this Section, the full retail value of
which does not exceed $2,000 $300 for property other than
motor fuel or $150 for motor fuel, is a Class A
misdemeanor. A violation of subdivision (a)(7) of this
Section is a Class A misdemeanor for a first offense and a
Class 4 felony for a second or subsequent offense. Theft by
emergency exit of property, the full retail value of which
does not exceed $2,000 $300, is a Class 4 felony.
(2) A person who has been convicted of retail theft of
property under any of subdivisions (a)(1) through (a)(6)
and (a)(8) of this Section, the full retail value of which
does not exceed $2,000 $300 for property other than motor
fuel or $150 for motor fuel, and who has been previously

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convicted of any type of theft, robbery, armed robbery,
burglary, residential burglary, possession of burglary
tools, home invasion, unlawful use of a credit card, or
forgery is guilty of a Class 4 felony. A person who has
been convicted of theft by emergency exit of property, the
full retail value of which does not exceed $2,000 $300, and
who has been previously convicted of felony any type of
theft, robbery, armed robbery, burglary, residential
burglary, possession of burglary tools, home invasion,
unlawful use of a credit card, or forgery is guilty of a
Class 3 felony.
(3) Any retail theft of property under any of
subdivisions (a)(1) through (a)(6) and (a)(8) of this
Section, the full retail value of which exceeds $2,000 $300
for property other than motor fuel or $150 for motor fuel
in a single transaction, or in separate transactions
committed by the same person as part of a continuing course
of conduct from one or more mercantile establishments over
a period of one year, is a Class 3 felony. Theft by
emergency exit of property, the full retail value of which
exceeds $2,000 $300 in a single transaction, or in separate
transactions committed by the same person as part of a
continuing course of conduct from one or more mercantile
establishments over a period of one year, is a Class 2
felony. When a charge of retail theft of property or theft
by emergency exit of property, the full value of which

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exceeds $2,000 $300, is brought, the value of the property
involved is an element of the offense to be resolved by the
trier of fact as either exceeding or not exceeding $2,000
$300.
(Source: P.A. 97-597, eff. 1-1-12.)
Section 10. The Cannabis Control Act is amended by changing
Sections 4, 5, 5.1, 5.2, 7, 8, and 10 as follows:
(720 ILCS 550/4) (from Ch. 56 1/2, par. 704)
Sec. 4. It is unlawful for any person knowingly to possess
cannabis. Any person who violates this section with respect to:
(a) not more than 30 10 grams of any substance
containing cannabis is guilty of a civil law violation
punishable by a minimum fine not to exceed $125 of $100 and
a maximum fine of $200. The proceeds of the fine shall be
payable to the clerk of the circuit court. Within 30 days
after the deposit of the fine, the clerk shall distribute
the proceeds of the fine as follows:
(1) $10 of the fine to the circuit clerk and $10 of
the fine to the law enforcement agency that issued the
citation; the proceeds of each $10 fine distributed to
the circuit clerk and each $10 fine distributed to the
law enforcement agency that issued the citation for the
violation shall be used to defer the cost of automatic
expungements under paragraph (2.5) of subsection (a)

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of Section 5.2 of the Criminal Identification Act;
(2) $15 to the county to fund drug addiction
services;
(3) $10 to the Office of the State's Attorneys
Appellate Prosecutor for use in training programs;
(4) $10 to the State's Attorney; and
(5) any remainder of the fine to the law
enforcement agency that issued the citation for the
violation.
With respect to funds designated for the Department of
State Police, the moneys shall be remitted by the circuit
court clerk to the Department of State Police within one
month after receipt for deposit into the State Police
Operations Assistance Fund. With respect to funds
designated for the Department of Natural Resources, the
Department of Natural Resources shall deposit the moneys
into the Conservation Police Operations Assistance Fund;
(b) (blank); more than 10 grams but not more than 30
grams of any substance containing cannabis is guilty of a
Class B misdemeanor;
(c) more than 30 grams but not more than 500 100 grams
of any substance containing cannabis is guilty of a Class A
misdemeanor; provided, that if any offense under this
subsection (c) is a subsequent offense, the offender shall
be guilty of a Class 4 felony;
(d) (blank); more than 100 grams but not more than 500

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grams of any substance containing cannabis is guilty of a
Class 4 felony; provided that if any offense under this
subsection (d) is a subsequent offense, the offender shall
be guilty of a Class 3 felony;
(e) more than 500 grams but not more than 2,000 grams
of any substance containing cannabis is guilty of a Class 4
3 felony;
(f) more than 2,000 grams but not more than 5,000 grams
of any substance containing cannabis is guilty of a Class 3
2 felony;
(g) more than 5,000 grams of any substance containing
cannabis is guilty of a Class 2 1 felony.
(Source: P.A. 99-697, eff. 7-29-16.)
(720 ILCS 550/5) (from Ch. 56 1/2, par. 705)
Sec. 5. It is unlawful for any person knowingly to
manufacture, deliver, or possess with intent to deliver, or
manufacture, cannabis. Any person who violates this section
with respect to:
(a) not more than 10 2.5 grams of any substance containing
cannabis is guilty of a Class B misdemeanor;
(b) (blank) more than 2.5 grams but not more than 10 grams
of any substance containing cannabis is guilty of a Class A
misdemeanor;
(c) more than 10 grams but not more than 30 grams of any
substance containing cannabis is guilty of a Class A

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misdemeanor 4 felony;
(d) more than 30 grams but not more than 500 grams of any
substance containing cannabis is guilty of a Class 4 3 felony
for which a fine not to exceed $50,000 may be imposed;
(e) more than 500 grams but not more than 2,000 grams of
any substance containing cannabis is guilty of a Class 3 2
felony for which a fine not to exceed $100,000 may be imposed;
(f) more than 2,000 grams but not more than 5,000 grams of
any substance containing cannabis is guilty of a Class 2 1
felony for which a fine not to exceed $150,000 may be imposed;
(g) (blank). more than 5,000 grams of any substance
containing cannabis is guilty of a Class X felony for which a
fine not to exceed $200,000 may be imposed.
(Source: P.A. 90-397, eff. 8-15-97.)
(720 ILCS 550/5.1) (from Ch. 56 1/2, par. 705.1)
Sec. 5.1. Cannabis Trafficking.
(a) Except for purposes authorized by this Act, any person
who knowingly brings or causes to be brought into this State
for the purpose of manufacture or delivery or with the intent
to manufacture or deliver 2,500 grams or more of cannabis in
this State or any other state or country is guilty of cannabis
trafficking.
(a-5) A person convicted of cannabis trafficking shall be
sentenced as authorized by Section 5, based upon the amount of
the cannabis brought or caused to be brought into this State,

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if the person at sentencing proves by a preponderance of the
evidence that he or she:
(1) received little or no compensation from the illegal
transport of the cannabis into this State and had minimal
knowledge of the scope and structure of the enterprise to
manufacture or deliver the cannabis transported; or
(2) was not involved in the organization or planning of
the enterprise to manufacture or deliver the cannabis
transported.
(b) Except as otherwise provided in subsection (a-5), a A
person convicted of cannabis trafficking is guilty of a Class 1
felony shall be sentenced to a term of imprisonment not less
than twice the minimum term and fined an amount as authorized
by subsection (f) or (g) of Section 5 of this Act, based upon
the amount of cannabis brought or caused to be brought into
this State, and not more than twice the maximum term of
imprisonment and fined twice the amount as authorized by
subsection (f) or (g) of Section 5 of this Act, based upon the
amount of cannabis brought or caused to be brought into this
State.
(Source: P.A. 90-397, eff. 8-15-97.)
(720 ILCS 550/5.2) (from Ch. 56 1/2, par. 705.2)
Sec. 5.2. Delivery of cannabis on school grounds.
(a.01) Any person who violates subsection (f) of Section 5
in any school, on the real property comprising any school, or

SB1971 - 21 - LRB101 08001 SLF 53058 b
any conveyance owned, leased or contracted by a school to
transport students to or from school or a school-related
activity, or on any public way within 500 feet of the real
property comprising any school, or any conveyance owned, leased
or contracted by a school to transport students to or from
school or a school-related activity, is guilty of a Class 1
felony;
(a) Any person who violates subsection (e) of Section 5 in
any school, on the real property comprising any school, or any
conveyance owned, leased or contracted by a school to transport
students to or from school or a school-related school related
activity, or on any public way within 500 feet of the real
property comprising any school, or in any conveyance owned,
leased or contracted by a school to transport students to or
from school or a school-related school related activity, and at
the time of the violation persons under the age of 18 are
present, the offense is committed during school hours, or the
offense is committed at times when persons under the age of 18
are reasonably expected to be present in the school, in the
conveyance, on the real property, or on the public way, such as
when after-school activities are occurring, is guilty of a
Class 2 1 felony, the fine for which shall not exceed $200,000;
(b) Any person who violates subsection (d) of Section 5 in
any school, on the real property comprising any school, or any
conveyance owned, leased or contracted by a school to transport
students to or from school or a school-related school related

SB1971 - 22 - LRB101 08001 SLF 53058 b
activity, or on any public way within 500 feet of the real
property comprising any school, or in any conveyance owned,
leased or contracted by a school to transport students to or
from school or a school-related school related activity, and at
the time of the violation persons under the age of 18 are
present, the offense is committed during school hours, or the
offense is committed at times when persons under the age of 18
are reasonably expected to be present in the school, in the
conveyance, on the real property, or on the public way, such as
when after-school activities are occurring, is guilty of a
Class 3 2 felony, the fine for which shall not exceed $100,000;
(c) Any person who violates subsection (c) of Section 5
with respect to more than 15 grams of any substance containing
cannabis in any school, on the real property comprising any
school, or any conveyance owned, leased or contracted by a
school to transport students to or from school or a
school-related school related activity, or on any public way
within 500 feet of the real property comprising any school, or
in any conveyance owned, leased or contracted by a school to
transport students to or from school or a school-related school
related activity, and at the time of the violation persons
under the age of 18 are present, the offense is committed
during school hours, or the offense is committed at times when
persons under the age of 18 are reasonably expected to be
present in the school, in the conveyance, on the real property,
or on the public way, such as when after-school activities are

SB1971 - 23 - LRB101 08001 SLF 53058 b
occurring, is guilty of a Class 4 3 felony, the fine for which
shall not exceed $50,000;
(d) (Blank) Any person who violates subsection (b) of
Section 5 in any school, on the real property comprising any
school, or any conveyance owned, leased or contracted by a
school to transport students to or from school or a school
related activity, or on any public way within 500 feet of the
real property comprising any school, or in any conveyance
owned, leased or contracted by a school to transport students
to or from school or a school related activity, and at the time
of the violation persons under the age of 18 are present, the
offense is committed during school hours, or the offense is
committed at times when persons under the age of 18 are
reasonably expected to be present in the school, in the
conveyance, on the real property, or on the public way, such as
when after-school activities are occurring, is guilty of a
Class 4 felony, the fine for which shall not exceed $25,000;
(e) (Blank) Any person who violates subsection (a) of
Section 5 in any school, on the real property comprising any
school, or in any conveyance owned, leased or contracted by a
school to transport students to or from school or a school
related activity, on any public way within 500 feet of the real
property comprising any school, or any conveyance owned, leased
or contracted by a school to transport students to or from
school or a school related activity, and at the time of the
violation persons under the age of 18 are present, the offense

SB1971 - 24 - LRB101 08001 SLF 53058 b
is committed during school hours, or the offense is committed
at times when persons under the age of 18 are reasonably
expected to be present in the school, in the conveyance, on the
real property, or on the public way, such as when after-school
activities are occurring, is guilty of a Class A misdemeanor.
(Source: P.A. 100-3, eff. 1-1-18.)
(720 ILCS 550/7) (from Ch. 56 1/2, par. 707)
Sec. 7. Delivery of cannabis by a person at least 18 years
of age to a person under 18 years of age who is at least 3 years
his or her junior.
(a) Any person who is at least 18 years of age who violates
subsection (f) of Section 5 of this Act by delivering cannabis
to a person under 18 years of age who is at least 3 years his
junior may, at the discretion of the court, be sentenced to a
maximum term of imprisonment that is equal to the maximum term
of imprisonment for the underlying offense plus the minimum
term of imprisonment for the underlying offense.
may be sentenced to imprisonment for a term up to twice the
maximum term otherwise authorized by Section 5.
(b) Any person under 18 years of age who violates Section 4
or 5 of this Act may be treated by the court in accordance with
the Juvenile Court Act of 1987.
(Source: P.A. 85-1209.)
(720 ILCS 550/8) (from Ch. 56 1/2, par. 708)

SB1971 - 25 - LRB101 08001 SLF 53058 b
Sec. 8. It is unlawful for any person knowingly to produce
the cannabis sativa plant or to possess such plants unless
production or possession has been authorized pursuant to the
provisions of Section 11 or 15.2 of the Act. Any person who
violates this Section with respect to production or possession
of:
(a) Not more than 5 plants is guilty of a Class B A
misdemeanor.
(b) More than 5, but not more than 20 plants, is guilty of
a Class A misdemeanor 4 felony.
(c) More than 20, but not more than 50 plants, is guilty of
a Class 4 3 felony.
(d) More than 50, but not more than 200 plants, is guilty
of a Class 3 2 felony for which a fine not to exceed $100,000
may be imposed and for which liability for the cost of
conducting the investigation and eradicating such plants may be
assessed. Compensation for expenses incurred in the
enforcement of this provision shall be transmitted to and
deposited in the treasurer's office at the level of government
represented by the Illinois law enforcement agency whose
officers or employees conducted the investigation or caused the
arrest or arrests leading to the prosecution, to be
subsequently made available to that law enforcement agency as
expendable receipts for use in the enforcement of laws
regulating controlled substances and cannabis. If such seizure
was made by a combination of law enforcement personnel

SB1971 - 26 - LRB101 08001 SLF 53058 b
representing different levels of government, the court levying
the assessment shall determine the allocation of such
assessment. The proceeds of assessment awarded to the State
treasury shall be deposited in a special fund known as the Drug
Traffic Prevention Fund.
(e) More than 200 plants is guilty of a Class 2 1 felony
for which a fine not to exceed $100,000 may be imposed and for
which liability for the cost of conducting the investigation
and eradicating such plants may be assessed. Compensation for
expenses incurred in the enforcement of this provision shall be
transmitted to and deposited in the treasurer's office at the
level of government represented by the Illinois law enforcement
agency whose officers or employees conducted the investigation
or caused the arrest or arrests leading to the prosecution, to
be subsequently made available to that law enforcement agency
as expendable receipts for use in the enforcement of laws
regulating controlled substances and cannabis. If such seizure
was made by a combination of law enforcement personnel
representing different levels of government, the court levying
the assessment shall determine the allocation of such
assessment. The proceeds of assessment awarded to the State
treasury shall be deposited in a special fund known as the Drug
Traffic Prevention Fund.
(Source: P.A. 98-1072, eff. 1-1-15.)
(720 ILCS 550/10) (from Ch. 56 1/2, par. 710)

SB1971 - 27 - LRB101 08001 SLF 53058 b
Sec. 10. (a) Whenever any person who has not previously
been convicted of any felony offense under this Act or any law
of the United States or of any State relating to cannabis, or
controlled substances as defined in the Illinois Controlled
Substances Act, pleads guilty to or is found guilty of
violating Sections 4(a), 4(b), 4(c), 5(a), 5(b), 5(c) or 8 of
this Act, the court may, without entering a judgment and with
the consent of such person, sentence him to probation.
(b) When a person is placed on probation, the court shall
enter an order specifying a period of probation of 24 months,
and shall defer further proceedings in the case until the
conclusion of the period or until the filing of a petition
alleging violation of a term or condition of probation.
(c) The conditions of probation shall be that the person:
(1) not violate any criminal statute of any jurisdiction; (2)
refrain from possession of a firearm or other dangerous weapon;
(3) submit to periodic drug testing at a time and in a manner
as ordered by the court, but no less than 3 times during the
period of the probation, with the cost of the testing to be
paid by the probationer; and (4) perform no less than 30 hours
of community service, provided community service is available
in the jurisdiction and is funded and approved by the county
board. The court may give credit toward the fulfillment of
community service hours for participation in activities and
treatment as determined by court services.
(d) The court may, in addition to other conditions, require

SB1971 - 28 - LRB101 08001 SLF 53058 b
that the person:
(1) make a report to and appear in person before or
participate with the court or such courts, person, or
social service agency as directed by the court in the order
of probation;
(2) pay a fine and costs;
(3) work or pursue a course of study or vocational
training;
(4) undergo medical or psychiatric treatment; or
treatment for drug addiction or alcoholism;
(5) attend or reside in a facility established for the
instruction or residence of defendants on probation;
(6) support his dependents;
(7) refrain from possessing a firearm or other
dangerous weapon;
(7-5) refrain from having in his or her body the
presence of any illicit drug prohibited by the Cannabis
Control Act, the Illinois Controlled Substances Act, or the
Methamphetamine Control and Community Protection Act,
unless prescribed by a physician, and submit samples of his
or her blood or urine or both for tests to determine the
presence of any illicit drug;
(8) and in addition, if a minor:
(i) reside with his parents or in a foster home;
(ii) attend school;
(iii) attend a non-residential program for youth;

SB1971 - 29 - LRB101 08001 SLF 53058 b
(iv) contribute to his own support at home or in a
foster home.
(e) Upon violation of a term or condition of probation, the
court may enter a judgment on its original finding of guilt and
proceed as otherwise provided.
(f) Upon fulfillment of the terms and conditions of
probation, the court shall discharge such person and dismiss
the proceedings against him.
(g) A disposition of probation is considered to be a
conviction for the purposes of imposing the conditions of
probation and for appeal, however, discharge and dismissal
under this Section is not a conviction for purposes of
disqualification or disabilities imposed by law upon
conviction of a crime (including the additional penalty imposed
for subsequent offenses under Section 4(c), 4(d), 5(c) or 5(d)
of this Act).
(h) (Blank). A person may not have more than one discharge
and dismissal under this Section within a 4-year period.
(i) If a person is convicted of an offense under this Act,
the Illinois Controlled Substances Act, or the Methamphetamine
Control and Community Protection Act within 5 years subsequent
to a discharge and dismissal under this Section, the discharge
and dismissal under this Section shall be admissible in the
sentencing proceeding for that conviction as a factor in
aggravation.
(j) Notwithstanding subsection (a), before a person is

SB1971 - 30 - LRB101 08001 SLF 53058 b
sentenced to probation under this Section, the court may refer
the person to the drug court established in that judicial
circuit pursuant to Section 15 of the Drug Court Treatment Act.
The drug court team shall evaluate the person's likelihood of
successfully completing a sentence of probation under this
Section and shall report the results of its evaluation to the
court. If the drug court team finds that the person suffers
from a substance abuse problem that makes him or her
substantially unlikely to successfully complete a sentence of
probation under this Section, then the drug court shall set
forth its findings in the form of a written order, and the
person shall not be sentenced to probation under this Section,
but shall be considered for the drug court program.
(Source: P.A. 99-480, eff. 9-9-15; 100-3, eff. 1-1-18; 100-575,
eff. 1-8-18.)
(720 ILCS 550/9 rep.)
Section 15. The Cannabis Control Act is amended by
repealing Section 9.
Section 20. The Illinois Controlled Substances Act is
amended by changing Sections 401, 401.1, 402, 404, 405.2, 407,
407.1, 407.2, and 410 as follows:
(720 ILCS 570/401) (from Ch. 56 1/2, par. 1401)
Sec. 401. Manufacture or delivery, or possession with

SB1971 - 31 - LRB101 08001 SLF 53058 b
intent to manufacture or deliver, a controlled substance, a
counterfeit substance, or controlled substance analog. Except
as authorized by this Act, it is unlawful for any person
knowingly to manufacture or deliver, or possess with intent to
manufacture or deliver, a controlled substance other than
methamphetamine and other than bath salts as defined in the
Bath Salts Prohibition Act sold or offered for sale in a retail
mercantile establishment as defined in Section 16-0.1 of the
Criminal Code of 2012, a counterfeit substance, or a controlled
substance analog. A violation of this Act with respect to each
of the controlled substances listed herein constitutes a single
and separate violation of this Act. For purposes of this
Section, "controlled substance analog" or "analog" means a
substance, other than a controlled substance, which is not
approved by the United States Food and Drug Administration or,
if approved, is not dispensed or possessed in accordance with
State or federal law, and that has a chemical structure
substantially similar to that of a controlled substance in
Schedule I or II, or that was specifically designed to produce
an effect substantially similar to that of a controlled
substance in Schedule I or II. Examples of chemical classes in
which controlled substance analogs are found include, but are
not limited to, the following: phenethylamines, N-substituted
piperidines, morphinans, ecgonines, quinazolinones,
substituted indoles, and arylcycloalkylamines. For purposes of
this Act, a controlled substance analog shall be treated in the

SB1971 - 32 - LRB101 08001 SLF 53058 b
same manner as the controlled substance to which it is
substantially similar.
(a) Any person who violates this Section with respect to
the following amounts of controlled or counterfeit substances
or controlled substance analogs, notwithstanding any of the
provisions of subsections (c), (d), (e), (f), (g) or (h) to the
contrary, is guilty of a Class X felony and shall be sentenced
for the class of offense to a term of imprisonment as provided
in this subsection (a) and fined as provided in subsection (b):
(1)(A) a Class 2 felony not less than 6 years and not
more than 30 years with respect to 15 grams or more but
less than 100 grams of a substance containing heroin, or an
analog thereof;
(B) a Class 1 felony not less than 9 years and not more
than 40 years with respect to 100 grams or more but less
than 900 400 grams of a substance containing heroin, or an
analog thereof;
(C) (blank); not less than 12 years and not more than
50 years with respect to 400 grams or more but less than
900 grams of a substance containing heroin, or an analog
thereof;
(D) a Class 1 felony for which the person, if sentenced
to a term of imprisonment, shall be sentenced to not less
than 6 15 years and not more than 30 60 years with respect
to 900 grams or more of any substance containing heroin, or
an analog thereof;

SB1971 - 33 - LRB101 08001 SLF 53058 b
(1.5)(A) a Class 2 felony not less than 6 years and not
more than 30 years with respect to 15 grams or more but
less than 100 grams of a substance containing fentanyl, or
an analog thereof;
(B) a Class 1 felony not less than 9 years and not more
than 40 years with respect to 900 100 grams or more but
less than 400 grams of a substance containing fentanyl, or
an analog thereof;
(C) (blank); not less than 12 years and not more than
50 years with respect to 400 grams or more but less than
900 grams of a substance containing fentanyl, or an analog
thereof;
(D) a Class 1 felony for which the person, if sentenced
to a term of imprisonment, shall be sentenced to not less
than 6 15 years and not more than 30 60 years with respect
to 900 grams or more of a substance containing fentanyl, or
an analog thereof;
(2)(A) a Class 2 felony not less than 6 years and not
more than 30 years with respect to 15 grams or more but
less than 100 grams of a substance containing cocaine, or
an analog thereof;
(B) a Class 1 felony not less than 9 years and not more
than 40 years with respect to 100 grams or more but less
than 900 400 grams of a substance containing cocaine, or an
analog thereof;
(C) (blank); not less than 12 years and not more than

SB1971 - 34 - LRB101 08001 SLF 53058 b
50 years with respect to 400 grams or more but less than
900 grams of a substance containing cocaine, or an analog
thereof;
(D) a Class 1 felony for which the person, if sentenced
to a term of imprisonment, shall be sentenced to not less
than 6 15 years and not more than 30 60 years with respect
to 900 grams or more of any substance containing cocaine,
or an analog thereof;
(3)(A) a Class 2 felony not less than 6 years and not
more than 30 years with respect to 15 grams or more but
less than 100 grams of a substance containing morphine, or
an analog thereof;
(B) a Class 1 felony not less than 9 years and not more
than 40 years with respect to 100 grams or more but less
than 900 400 grams of a substance containing morphine, or
an analog thereof;
(C) (blank); not less than 12 years and not more than
50 years with respect to 400 grams or more but less than
900 grams of a substance containing morphine, or an analog
thereof;
(D) a Class 1 felony for which the person, if sentenced
to a term of imprisonment, shall be sentenced to not less
than 6 15 years and not more than 30 60 years with respect
to 900 grams or more of a substance containing morphine, or
an analog thereof;
(4) a Class 1 felony with respect to 200 grams or more

SB1971 - 35 - LRB101 08001 SLF 53058 b
of any substance containing peyote, or an analog thereof;
(5) a Class 1 felony with respect to 200 grams or more
of any substance containing a derivative of barbituric acid
or any of the salts of a derivative of barbituric acid, or
an analog thereof;
(6) a Class 1 felony with respect to 200 grams or more
of any substance containing amphetamine or any salt of an
optical isomer of amphetamine, or an analog thereof;
(6.5) (blank);
(6.6) (blank);
(7)(A) a Class 2 felony not less than 6 years and not
more than 30 years with respect to: (i) 15 grams or more
but less than 100 grams of a substance containing lysergic
acid diethylamide (LSD), or an analog thereof, or (ii) 15
or more objects or 15 or more segregated parts of an object
or objects but less than 200 objects or 200 segregated
parts of an object or objects containing in them or having
upon them any amounts of any substance containing lysergic
acid diethylamide (LSD), or an analog thereof;
(B) a Class 1 felony not less than 9 years and not more
than 40 years with respect to: (i) 100 grams or more but
less than 900 400 grams of a substance containing lysergic
acid diethylamide (LSD), or an analog thereof, or (ii) 200
or more objects or 200 or more segregated parts of an
object or objects but less than 1500 600 objects or less
than 1500 600 segregated parts of an object or objects

SB1971 - 36 - LRB101 08001 SLF 53058 b
containing in them or having upon them any amount of any
substance containing lysergic acid diethylamide (LSD), or
an analog thereof;
(C) (blank); not less than 12 years and not more than
50 years with respect to: (i) 400 grams or more but less
than 900 grams of a substance containing lysergic acid
diethylamide (LSD), or an analog thereof, or (ii) 600 or
more objects or 600 or more segregated parts of an object
or objects but less than 1500 objects or 1500 segregated
parts of an object or objects containing in them or having
upon them any amount of any substance containing lysergic
acid diethylamide (LSD), or an analog thereof;
(D) a Class 1 felony for which the person, if sentenced
to a term of imprisonment, shall be sentenced to not less
than 6 15 years and not more than 30 60 years with respect
to: (i) 900 grams or more of any substance containing
lysergic acid diethylamide (LSD), or an analog thereof, or
(ii) 1500 or more objects or 1500 or more segregated parts
of an object or objects containing in them or having upon
them any amount of a substance containing lysergic acid
diethylamide (LSD), or an analog thereof;
(7.5)(A) a Class 2 felony not less than 6 years and not
more than 30 years with respect to: (i) 15 grams or more
but less than 100 grams of a substance listed in paragraph
(1), (2), (2.1), (2.2), (3), (14.1), (19), (20), (20.1),
(21), (25), or (26) of subsection (d) of Section 204, or an

SB1971 - 37 - LRB101 08001 SLF 53058 b
analog or derivative thereof, or (ii) 15 or more pills,
tablets, caplets, capsules, or objects but less than 200
pills, tablets, caplets, capsules, or objects containing
in them or having upon them any amounts of any substance
listed in paragraph (1), (2), (2.1), (2.2), (3), (14.1),
(19), (20), (20.1), (21), (25), or (26) of subsection (d)
of Section 204, or an analog or derivative thereof;
(B) a Class 1 felony not less than 9 years and not more
than 40 years with respect to: (i) 100 grams or more but
less than 400 grams of a substance listed in paragraph (1),
(2), (2.1), (2.2), (3), (14.1), (19), (20), (20.1), (21),
(25), or (26) of subsection (d) of Section 204, or an
analog or derivative thereof, or (ii) 200 or more pills,
tablets, caplets, capsules, or objects but less than 600
pills, tablets, caplets, capsules, or objects containing
in them or having upon them any amount of any substance
listed in paragraph (1), (2), (2.1), (2.2), (3), (14.1),
(19), (20), (20.1), (21), (25), or (26) of subsection (d)
of Section 204, or an analog or derivative thereof;
(C) a Class 1 felony for which the person, if sentenced
to a term of imprisonment, shall be sentenced to not less
than 6 12 years and not more than 30 50 years with respect
to: (i) 400 grams or more but less than 900 grams of a
substance listed in paragraph (1), (2), (2.1), (2.2), (3),
(14.1), (19), (20), (20.1), (21), (25), or (26) of
subsection (d) of Section 204, or an analog or derivative

SB1971 - 38 - LRB101 08001 SLF 53058 b
thereof, or (ii) 600 or more pills, tablets, caplets,
capsules, or objects but less than 1,500 pills, tablets,
caplets, capsules, or objects containing in them or having
upon them any amount of any substance listed in paragraph
(1), (2), (2.1), (2.2), (3), (14.1), (19), (20), (20.1),
(21), (25), or (26) of subsection (d) of Section 204, or an
analog or derivative thereof;
(D) (blank); not less than 15 years and not more than
60 years with respect to: (i) 900 grams or more of any
substance listed in paragraph (1), (2), (2.1), (2.2), (3),
(14.1), (19), (20), (20.1), (21), (25), or (26) of
subsection (d) of Section 204, or an analog or derivative
thereof, or (ii) 1,500 or more pills, tablets, caplets,
capsules, or objects containing in them or having upon them
any amount of a substance listed in paragraph (1), (2),
(2.1), (2.2), (3), (14.1), (19), (20), (20.1), (21), (25),
or (26) of subsection (d) of Section 204, or an analog or
derivative thereof;
(8) a Class 1 felony with respect to 30 grams or more
of any substance containing pentazocine or any of the
salts, isomers and salts of isomers of pentazocine, or an
analog thereof;
(9) a Class 1 felony with respect to 30 grams or more
of any substance containing methaqualone or any of the
salts, isomers and salts of isomers of methaqualone, or an
analog thereof;

SB1971 - 39 - LRB101 08001 SLF 53058 b
(10) a Class 1 felony with respect to 30 grams or more
of any substance containing phencyclidine or any of the
salts, isomers and salts of isomers of phencyclidine (PCP),
or an analog thereof;
(10.5) a Class 1 felony with respect to 30 grams or
more of any substance containing ketamine or any of the
salts, isomers and salts of isomers of ketamine, or an
analog thereof;
(10.6) a Class 1 felony with respect to 100 grams or
more of any substance containing hydrocodone, or any of the
salts, isomers and salts of isomers of hydrocodone, or an
analog thereof;
(10.7) (blank);
(10.8) a Class 1 felony with respect to 100 grams or
more of any substance containing dihydrocodeine, or any of
the salts, isomers and salts of isomers of dihydrocodeine,
or an analog thereof;
(10.9) a Class 1 felony with respect to 100 grams or
more of any substance containing oxycodone, or any of the
salts, isomers and salts of isomers of oxycodone, or an
analog thereof;
(11) a Class 1 felony with respect to 200 grams or more
of any substance containing any other controlled substance
classified in Schedules I or II, or an analog thereof,
which is not otherwise included in this subsection.
(b) Any person sentenced with respect to violations of

SB1971 - 40 - LRB101 08001 SLF 53058 b
paragraph (1), (2), (3), (7), or (7.5) of subsection (a)
involving 100 grams or more of the controlled substance named
therein, may in addition to the penalties provided therein, be
fined an amount not more than $500,000 or the full street value
of the controlled or counterfeit substance or controlled
substance analog, whichever is greater. The term "street value"
shall have the meaning ascribed in Section 110-5 of the Code of
Criminal Procedure of 1963. Any person sentenced with respect
to any other provision of subsection (a), may in addition to
the penalties provided therein, be fined an amount not to
exceed $500,000.
(b-1) Excluding violations of this Act when the controlled
substance is fentanyl, any person sentenced to a term of
imprisonment with respect to violations of Section 401, 401.1,
405, 405.1, 405.2, or 407, when it is proven that the person
knew or should have known that the substance containing the
controlled substance contained contains any amount of
fentanyl, a term of imprisonment not to exceed 3 years may, at
the discretion of the court, shall be added to the term of
imprisonment imposed by the court, and the maximum sentence for
the offense, if the additional term is imposed, shall be
increased by that period of time not to exceed 3 years.
(c) Any person who violates this Section with regard to the
following amounts of controlled or counterfeit substances or
controlled substance analogs, notwithstanding any of the
provisions of subsections (a), (b), (d), (e), (f), (g) or (h)

SB1971 - 41 - LRB101 08001 SLF 53058 b
to the contrary, shall be sentenced for the class of offense as
provided in this subsection (c) is guilty of a Class 1 felony.
The fine for violation of this subsection (c) shall not be more
than $250,000:
(1) a Class 3 felony with respect to 1 gram or more but
less than 15 grams of any substance containing heroin, or
an analog thereof;
(1.5) a Class 3 felony with respect to 1 gram or more
but less than 15 grams of any substance containing
fentanyl, or an analog thereof;
(2) a Class 3 felony with respect to 1 gram or more but
less than 15 grams of any substance containing cocaine, or
an analog thereof;
(3) a Class 3 felony with respect to 10 grams or more
but less than 15 grams of any substance containing
morphine, or an analog thereof;
(4) a Class 2 felony with respect to 50 grams or more
but less than 200 grams of any substance containing peyote,
or an analog thereof;
(4.5) a Class 3 felony with respect to 10 grams or more
but less than 50 grams of any substance containing peyote,
or an analog thereof;
(5) a Class 2 felony with respect to 50 grams or more
but less than 200 grams of any substance containing a
derivative of barbituric acid or any of the salts of a
derivative of barbituric acid, or an analog thereof;

SB1971 - 42 - LRB101 08001 SLF 53058 b
(5.5) a Class 3 felony with respect to 10 grams or more
but less than 50 grams of any substance containing a
derivative of barbituric acid or any of the salts of a
derivative of barbituric acid, or an analog thereof;
(6) a Class 2 felony with respect to 50 grams or more
but less than 200 grams of any substance containing
amphetamine or any salt of an optical isomer of
amphetamine, or an analog thereof;
(6.1) a Class 3 felony with respect to 10 grams or more
but less than 50 grams of any substance containing
amphetamine or any salt of an optical isomer of
amphetamine, or an analog thereof;
(6.5) (blank);
(7) a Class 3 felony with respect to (i) 5 grams or
more but less than 15 grams of any substance containing
lysergic acid diethylamide (LSD), or an analog thereof, or
(ii) more than 10 objects or more than 10 segregated parts
of an object or objects but less than 15 objects or less
than 15 segregated parts of an object containing in them or
having upon them any amount of any substance containing
lysergic acid diethylamide (LSD), or an analog thereof;
(7.5) a Class 3 felony with respect to (i) 5 grams or
more but less than 15 grams of any substance listed in
paragraph (1), (2), (2.1), (2.2), (3), (14.1), (19), (20),
(20.1), (21), (25), or (26) of subsection (d) of Section
204, or an analog or derivative thereof, or (ii) more than

SB1971 - 43 - LRB101 08001 SLF 53058 b
10 pills, tablets, caplets, capsules, or objects but less
than 15 pills, tablets, caplets, capsules, or objects
containing in them or having upon them any amount of any
substance listed in paragraph (1), (2), (2.1), (2.2), (3),
(14.1), (19), (20), (20.1), (21), (25), or (26) of
subsection (d) of Section 204, or an analog or derivative
thereof;
(8) a Class 2 felony with respect to 10 grams or more
but less than 30 grams of any substance containing
pentazocine or any of the salts, isomers and salts of
isomers of pentazocine, or an analog thereof;
(8.5) a Class 3 felony with respect to 5 grams or more
but less than 10 grams of pentazocine, or an analog
thereof;
(9) a Class 2 felony with respect to 10 grams or more
but less than 30 grams of any substance containing
methaqualone or any of the salts, isomers and salts of
isomers of methaqualone, or an analog thereof;
(9.5) a Class 3 felony with respect to 5 grams or more
but less than 10 grams of any substance containing
methaqualone or any of the salts, isomers and salts of
isomers of methaqualone, or an analog thereof;
(10) a Class 2 felony with respect to 10 grams or more
but less than 30 grams of any substance containing
phencyclidine or any of the salts, isomers and salts of
isomers of phencyclidine (PCP), or an analog thereof;

SB1971 - 44 - LRB101 08001 SLF 53058 b
(10.1) a Class 3 felony with respect to 5 grams or more
but less than 10 grams of any substance containing
phencyclidine or any of the salts, isomers and salts of
isomers of phencyclidine (PCP), or an analog thereof;
(10.5) a Class 2 felony with respect to 10 grams or
more but less than 30 grams of any substance containing
ketamine or any of the salts, isomers and salts of isomers
of ketamine, or an analog thereof;
(10.5-1) a Class 3 felony with respect to 5 grams or
more but less than 10 grams of any substance containing
ketamine or any of the salts, isomers and salts of isomers
of ketamine, or an analog thereof;
(10.6) a Class 2 felony with respect to 50 grams or
more but less than 100 grams of any substance containing
hydrocodone, or any of the salts, isomers and salts of
isomers of hydrocodone, or an analog thereof;
(10.6-1) a Class 3 felony with respect to 10 grams or
more but less than 50 grams of any substance containing
hydrocodone, or any of the salts, isomers and salts of
isomers of hydrocodone, or an analog thereof;
(10.7) (blank);
(10.7-1) a Class 3 felony with respect to 10 grams or
more but less than 50 grams of any substance containing
dihydrocodeinone, or any of the salts, isomers and salts of
isomers of dihydrocodeinone, or an analog thereof;
(10.8) a Class 2 felony with respect to 50 grams or

SB1971 - 45 - LRB101 08001 SLF 53058 b
more but less than 100 grams of any substance containing
dihydrocodeine, or any of the salts, isomers and salts of
isomers of dihydrocodeine, or an analog thereof;
(10.8-1) a Class 3 felony with respect to 10 grams or
more but less than 50 grams of any substance containing
dihydrocodeine, or any of the salts, isomers and salts of
isomers of dihydrocodeine, or an analog thereof;
(10.9) a Class 2 felony with respect to 50 grams or
more but less than 100 grams of any substance containing
oxycodone, or any of the salts, isomers and salts of
isomers of oxycodone, or an analog thereof;
(10.9-1) a Class 3 felony with respect to 10 grams or
more but less than 50 grams of any substance containing
oxycodone, or any of the salts, isomers and salts of
isomers of oxycodone, or an analog thereof;
(11) a Class 2 felony with respect to 50 grams or more
but less than 200 grams of any substance containing a
substance classified in Schedules I or II, or an analog
thereof, which is not otherwise included in this subsection
(c).
(11.1) a Class 3 felony with respect to 10 grams or
more but less than 50 grams grams of any substance
containing a substance classified in Schedules I or II, or
an analog thereof, which is not otherwise included in this
subsection (c);
(c-5) (Blank).

SB1971 - 46 - LRB101 08001 SLF 53058 b
(d) Any person who violates this Section with regard to any
other amount of a controlled or counterfeit substance
containing dihydrocodeine or classified in Schedules I or II,
or an analog thereof, which is not otherwise included in
subsection (a), (b), or (c), which is (i) a narcotic drug, (ii)
lysergic acid diethylamide (LSD) or an analog thereof, (iii)
any substance containing amphetamine or fentanyl or any salt or
optical isomer of amphetamine or fentanyl, or an analog
thereof, or (iv) any substance containing N-Benzylpiperazine
(BZP) or any salt or optical isomer of N-Benzylpiperazine
(BZP), or an analog thereof, is guilty of a Class 4 2 felony.
The fine for violation of this subsection (d) shall not be more
than $200,000.
(d-5) (Blank).
(e) (Blank). Any person who violates this Section with
regard to any other amount of a controlled substance other than
methamphetamine or counterfeit substance classified in
Schedule I or II, or an analog thereof, which substance is not
included under subsection (d) of this Section, is guilty of a
Class 3 felony. The fine for violation of this subsection (e)
shall not be more than $150,000.
(f) Any person who violates this Section with regard to 10
grams or more any other amount of a controlled or counterfeit
substance classified in Schedule III , which is not otherwise
included in subsection (a), (b), or (c), is guilty of a Class 3
felony. The fine for violation of this subsection (f) shall not

SB1971 - 47 - LRB101 08001 SLF 53058 b
be more than $125,000.
(f-1) Any person who violates this Section with regard to
any other amount of a controlled or counterfeit substance
classified in Schedule III which is not otherwise included in
subsection (a), (b), or (c), is guilty of a Class 4 felony.
(g) Any person who violates this Section with regard to 10
grams or more any other amount of a controlled or counterfeit
substance classified in Schedule IV is guilty of a Class 3
felony. The fine for violation of this subsection (g) shall not
be more than $100,000.
(g-1) Any person who violates this Section with regard to
any other amount of a controlled or counterfeit substance
classified in Schedule IV which is not otherwise included in
subsection (a), (b), or (c), is guilty of a Class 4 felony.
(h) Any person who violates this Section with regard to 10
grams or more any other amount of a controlled or counterfeit
substance classified in Schedule V, which is not otherwise
included in subsection (a), (b), or (c), is guilty of a Class 3
felony. The fine for violation of this subsection (h) shall not
be more than $75,000.
(h-1) Any person who violates this Section with regard to
any other amount of a controlled or counterfeit substance
classified in Schedule V, which is not otherwise included in
subsection (a), (b), or (c), is guilty of a Class 4 felony.
(i) This Section does not apply to the manufacture,
possession or distribution of a substance in conformance with

SB1971 - 48 - LRB101 08001 SLF 53058 b
the provisions of an approved new drug application or an
exemption for investigational use within the meaning of Section
505 of the Federal Food, Drug and Cosmetic Act.
(j) (Blank).
(Source: P.A. 99-371, eff. 1-1-16; 99-585, eff. 1-1-17;
100-368, eff. 1-1-18.)
(720 ILCS 570/401.1) (from Ch. 56 1/2, par. 1401.1)
Sec. 401.1. Controlled Substance Trafficking.
(a) Except for purposes as authorized by this Act, any
person who knowingly brings or causes to be brought into this
State 400 grams or more of a controlled substance or 600 or
more objects or 600 or more segregated parts of an object or
objects containing in them or having upon them any amounts of
any substance containing lysergic acid diethylamide (LSD), or
an analog thereof or 600 or more pills, tablets, caplets,
capsules, or objects containing in them or having upon them any
amount of any substance listed in paragraph (1), (2), (2.1),
(2.2), (3), (14.1), (19), (20), (20.1), (21), (25), or (26) of
subsection (d) of Section 204, or an analog or derivative
thereof for the purpose of manufacture or delivery or with the
intent to manufacture or deliver a controlled substance other
than methamphetamine or counterfeit substance in this or any
other state or country is guilty of controlled substance
trafficking.
(b) Except as otherwise provided in subsection (b-5), a A

SB1971 - 49 - LRB101 08001 SLF 53058 b
person convicted of controlled substance trafficking shall be
sentenced for the class of an offense that is one class higher
than the amount authorized by Section 401 of this Act for the
manufacture or delivery, or possession with intent to
manufacture or deliver, based upon the amount of controlled or
counterfeit substance brought or caused to be brought into this
State. If the sentence for the underlying offense under Section
401 of this Act is a Class 1 felony for which the offender may
be sentenced to a term of imprisonment of not less than 6 years
and not more than 30 years, the penalty for controlled
substance trafficking is a Class 1 felony for which the person
may be sentenced to a term of imprisonment of not less 9 years
and not more than 40 years to a term of imprisonment not less
than twice the minimum term and fined an amount as authorized
by Section 401 of this Act, based upon the amount of controlled
or counterfeit substance brought or caused to be brought into
this State, and not more than twice the maximum term of
imprisonment and fined twice the amount as authorized by
Section 401 of this Act, based upon the amount of controlled or
counterfeit substance brought or caused to be brought into this
State.
(b-5) A person convicted of controlled substance
trafficking shall be sentenced as authorized by Section 401,
based upon the amount of the controlled or counterfeit
substance brought or caused to be brought into this State, if
the person at sentencing proves by a preponderance of the

SB1971 - 50 - LRB101 08001 SLF 53058 b
evidence that he or she:
(1) received little or no compensation from the illegal
transport of the substance into this State and had minimal
knowledge of the scope and structure of the enterprise to
manufacture or deliver the illegal substance transported;
or
(2) was not involved in the organization or planning of
the enterprise to manufacture or deliver the illegal
substance transported.
(c) (Blank) It shall be a Class 2 felony for which a fine
not to exceed $100,000 may be imposed for any person to
knowingly use a cellular radio telecommunication device in the
furtherance of controlled substance trafficking. This penalty
shall be in addition to any other penalties imposed by law.
(Source: P.A. 94-556, eff. 9-11-05.)
(720 ILCS 570/402) (from Ch. 56 1/2, par. 1402)
Sec. 402. Except as otherwise authorized by this Act, it is
unlawful for any person knowingly to possess a controlled or
counterfeit substance or controlled substance analog. A
violation of this Act with respect to each of the controlled
substances listed herein constitutes a single and separate
violation of this Act. For purposes of this Section,
"controlled substance analog" or "analog" means a substance,
other than a controlled substance, which is not approved by the
United States Food and Drug Administration or, if approved, is

SB1971 - 51 - LRB101 08001 SLF 53058 b
not dispensed or possessed in accordance with State or federal
law, and that has a chemical structure substantially similar to
that of a controlled substance in Schedule I or II, or that was
specifically designed to produce an effect substantially
similar to that of a controlled substance in Schedule I or II.
Examples of chemical classes in which controlled substance
analogs are found include, but are not limited to, the
following: phenethylamines, N-substituted piperidines,
morphinans, ecgonines, quinazolinones, substituted indoles,
and arylcycloalkylamines. For purposes of this Act, a
controlled substance analog shall be treated in the same manner
as the controlled substance to which it is substantially
similar.
(a) Any person who violates this Section with respect to
the following controlled or counterfeit substances and
amounts, notwithstanding any of the provisions of subsections
(c) and (d) to the contrary, is guilty of a Class 1 felony and
shall, if sentenced to a term of imprisonment, be sentenced for
the class of offense as provided in this subsection (a) and
fined as provided in subsection (b):
(1) (A) a Class 3 felony not less than 4 years and not
more than 15 years with respect to 15 grams or more but
less than 100 grams of a substance containing heroin;
(B) a Class 2 felony not less than 6 years and not
more than 30 years with respect to 100 grams or more
but less than 400 grams of a substance containing

SB1971 - 52 - LRB101 08001 SLF 53058 b
heroin;
(C) a Class 1 felony not less than 8 years and not
more than 40 years with respect to 400 grams or more
but less than 900 grams of any substance containing
heroin;
(D) (blank) not less than 10 years and not more
than 50 years with respect to 900 grams or more of any
substance containing heroin;
(1.5)(A) a Class 3 felony with respect to 15 grams or
more but less than 100 grams of a substance containing
fentanyl;
(B) a Class 2 felony with respect to 100 grams or
more but less than 400 grams of a substance containing
fentanyl;
(C) a Class 1 felony with respect to 400 grams or
more of a substance containing fentanyl;
(2) (A) a Class 3 felony not less than 4 years and not
more than 15 years with respect to 15 grams or more but
less than 100 grams of any substance containing
cocaine;
(B) a Class 2 felony not less than 6 years and not
more than 30 years with respect to 100 grams or more
but less than 400 grams of any substance containing
cocaine;
(C) a Class 1 felony not less than 8 years and not
more than 40 years with respect to 400 grams or more

SB1971 - 53 - LRB101 08001 SLF 53058 b
but less than 900 grams of any substance containing
cocaine;
(D) (blank) not less than 10 years and not more
than 50 years with respect to 900 grams or more of any
substance containing cocaine;
(3) (A) a Class 3 felony not less than 4 years and not
more than 15 years with respect to 15 grams or more but
less than 100 grams of any substance containing
morphine;
(B) a Class 2 felony not less than 6 years and not
more than 30 years with respect to 100 grams or more
but less than 400 grams of any substance containing
morphine;
(C) a Class 1 felony not less than 6 years and not
more than 40 years with respect to 400 grams or more
but less than 900 grams of any substance containing
morphine;
(D) (blank) not less than 10 years and not more
than 50 years with respect to 900 grams or more of any
substance containing morphine;
(4) a Class 2 felony with respect to 200 grams or more
of any substance containing peyote;
(4.5) a Class 4 felony with respect to 15 grams or more
but less than 200 grams of a substance containing peyote;
(5) a Class 2 felony with respect to 200 grams or more
of any substance containing a derivative of barbituric acid

SB1971 - 54 - LRB101 08001 SLF 53058 b
or any of the salts of a derivative of barbituric acid;
(5.5) a Class 4 felony with respect to 15 grams or more
but less than 200 grams of a substance containing a
derivative of barbituric acid or any of the salts of a
derivative of barbituric acid;
(6) a Class 2 felony with respect to 200 grams or more
of any substance containing amphetamine or any salt of an
optical isomer of amphetamine;
(6.1) a Class 4 felony with respect to 15 grams or more
but less than 200 grams of a substance containing
amphetamine or any salt of an optical isomer of
amphetamine;
(6.5) (blank);
(7) (A) a Class 3 felony not less than 4 years and not
more than 15 years with respect to: (i) 15 grams or
more but less than 100 grams of any substance
containing lysergic acid diethylamide (LSD), or an
analog thereof, or (ii) 15 or more objects or 15 or
more segregated parts of an object or objects but less
than 200 objects or 200 segregated parts of an object
or objects containing in them or having upon them any
amount of any substance containing lysergic acid
diethylamide (LSD), or an analog thereof;
(B) a Class 2 felony not less than 6 years and not
more than 30 years with respect to: (i) 100 grams or
more but less than 400 grams of any substance

SB1971 - 55 - LRB101 08001 SLF 53058 b
containing lysergic acid diethylamide (LSD), or an
analog thereof, or (ii) 200 or more objects or 200 or
more segregated parts of an object or objects but less
than 600 objects or less than 600 segregated parts of
an object or objects containing in them or having upon
them any amount of any substance containing lysergic
acid diethylamide (LSD), or an analog thereof;
(C) a Class 1 felony not less than 8 years and not
more than 40 years with respect to: (i) 400 grams or
more but less than 900 grams of any substance
containing lysergic acid diethylamide (LSD), or an
analog thereof, or (ii) 600 or more objects or 600 or
more segregated parts of an object or objects but less
than 1500 objects or 1500 segregated parts of an object
or objects containing in them or having upon them any
amount of any substance containing lysergic acid
diethylamide (LSD), or an analog thereof;
(D) (blank) not less than 10 years and not more
than 50 years with respect to: (i) 900 grams or more of
any substance containing lysergic acid diethylamide
(LSD), or an analog thereof, or (ii) 1500 or more
objects or 1500 or more segregated parts of an object
or objects containing in them or having upon them any
amount of a substance containing lysergic acid
diethylamide (LSD), or an analog thereof;
(7.5) (A) a Class 3 felony not less than 4 years and

SB1971 - 56 - LRB101 08001 SLF 53058 b
not more than 15 years with respect to: (i) 15 grams or
more but less than 100 grams of any substance listed in
paragraph (1), (2), (2.1), (2.2), (3), (14.1), (19),
(20), (20.1), (21), (25), or (26) of subsection (d) of
Section 204, or an analog or derivative thereof, or
(ii) 15 or more pills, tablets, caplets, capsules, or
objects but less than 200 pills, tablets, caplets,
capsules, or objects containing in them or having upon
them any amount of any substance listed in paragraph
(1), (2), (2.1), (2.2), (3), (14.1), (19), (20),
(20.1), (21), (25), or (26) of subsection (d) of
Section 204, or an analog or derivative thereof;
(B) a Class 2 felony not less than 6 years and not
more than 30 years with respect to: (i) 100 grams or
more but less than 400 grams of any substance listed in
paragraph (1), (2), (2.1), (2.2), (3), (14.1), (19),
(20), (20.1), (21), (25), or (26) of subsection (d) of
Section 204, or an analog or derivative thereof, or
(ii) 200 or more pills, tablets, caplets, capsules, or
objects but less than 600 pills, tablets, caplets,
capsules, or objects containing in them or having upon
them any amount of any substance listed in paragraph
(1), (2), (2.1), (2.2), (3), (14.1), (19), (20),
(20.1), (21), (25), or (26) of subsection (d) of
Section 204, or an analog or derivative thereof;
(C) a Class 1 felony not less than 8 years and not

SB1971 - 57 - LRB101 08001 SLF 53058 b
more than 40 years with respect to: (i) 400 grams or
more but less than 900 grams of any substance listed in
paragraph (1), (2), (2.1), (2.2), (3), (14.1), (19),
(20), (20.1), (21), (25), or (26) of subsection (d) of
Section 204, or an analog or derivative thereof, or
(ii) 600 or more pills, tablets, caplets, capsules, or
objects but less than 1,500 pills, tablets, caplets,
capsules, or objects containing in them or having upon
them any amount of any substance listed in paragraph
(1), (2), (2.1), (2.2), (3), (14.1), (19), (20),
(20.1), (21), (25), or (26) of subsection (d) of
Section 204, or an analog or derivative thereof;
(D) (blank) not less than 10 years and not more
than 50 years with respect to: (i) 900 grams or more of
any substance listed in paragraph (1), (2), (2.1),
(2.2), (3), (14.1), (19), (20), (20.1), (21), (25), or
(26) of subsection (d) of Section 204, or an analog or
derivative thereof, or (ii) 1,500 or more pills,
tablets, caplets, capsules, or objects containing in
them or having upon them any amount of a substance
listed in paragraph (1), (2), (2.1), (2.2), (3),
(14.1), (19), (20), (20.1), (21), (25), or (26) of
subsection (d) of Section 204, or an analog or
derivative thereof;
(8) a Class 2 felony with respect to 30 grams or more
of any substance containing pentazocine or any of the

SB1971 - 58 - LRB101 08001 SLF 53058 b
salts, isomers and salts of isomers of pentazocine, or an
analog thereof;
(8.5) a Class 4 felony with respect to 15 grams or more
but less than 30 grams of a substance containing
pentazocine or any of the salts, isomers and salts of
isomers of pentazocine, or an analog thereof;
(9) a Class 2 felony with respect to 30 grams or more
of any substance containing methaqualone or any of the
salts, isomers and salts of isomers of methaqualone;
(9.5) a Class 4 felony with respect to 15 grams or more
but less than 30 grams of a substance containing
methaqualone or any of the salts, isomers and salts of
isomers of methaqualone;
(10) a Class 2 felony with respect to 30 grams or more
of any substance containing phencyclidine or any of the
salts, isomers and salts of isomers of phencyclidine (PCP);
(10.1) a Class 4 felony with respect to 15 grams or
more but less than 30 grams of a substance containing
phencyclidine or any of the salts, isomers and salts of
isomers of phencyclidine (PCP);
(10.5) a Class 2 felony with respect to 30 grams or
more of any substance containing ketamine or any of the
salts, isomers and salts of isomers of ketamine;
(10.6) a Class 4 felony with respect to 15 grams or
more but less than 30 grams of any substance containing
ketamine or any of the salts, isomers and salts of isomers

SB1971 - 59 - LRB101 08001 SLF 53058 b
of ketamine;
(11) a Class 2 felony with respect to 200 grams or more
of any substance containing any substance classified as a
narcotic drug in Schedules I or II, or an analog thereof,
which is not otherwise included in this subsection; .
(12) a Class 3 felony with respect to 15 grams or more
but less than 200 grams of any substance containing any
substance classified as a narcotic drug in Schedules I or
II, or an analog thereof, which is not otherwise included
in this subsection.
(b) Any person sentenced with respect to violations of
paragraph (1), (2), (3), (7), or (7.5) of subsection (a)
involving 100 grams or more of the controlled substance named
therein, may in addition to the penalties provided therein, be
fined an amount not to exceed $200,000 or the full street value
of the controlled or counterfeit substances, whichever is
greater. The term "street value" shall have the meaning
ascribed in Section 110-5 of the Code of Criminal Procedure of
1963. Any person sentenced with respect to any other provision
of subsection (a), may in addition to the penalties provided
therein, be fined an amount not to exceed $200,000.
(c) Any person who violates this Section with regard to an
amount of a controlled substance other than methamphetamine or
counterfeit substance not set forth in subsection (a) or (d) is
guilty of a Class A misdemeanor 4 felony. The fine for a
violation punishable under this subsection (c) shall not be

SB1971 - 60 - LRB101 08001 SLF 53058 b
more than $2,500 $25,000.
(d) Any person who violates this Section with regard to any
amount of anabolic steroid is guilty of a Class C misdemeanor
for the first offense and a Class B misdemeanor for a
subsequent offense committed within 2 years of a prior
conviction.
(Source: P.A. 99-371, eff. 1-1-16; 100-368, eff. 1-1-18.)
(720 ILCS 570/404) (from Ch. 56 1/2, par. 1404)
Sec. 404. (a) For the purposes of this Section:
(1) "Advertise" means the attempt, by publication,
dissemination, solicitation or circulation, to induce
directly or indirectly any person to acquire, or enter into
an obligation to acquire, any substance within the scope of
this Section.
(2) "Distribute" has the meaning ascribed to it in
subsection (s) of Section 102 of this Act but as relates to
look-alike substances.
(3) "Manufacture" means the producing, preparing,
compounding, processing, encapsulating, packaging,
repackaging, labeling or relabeling of a look-alike
substance.
(b) It is unlawful for any person knowingly to manufacture,
distribute, advertise, or possess with intent to manufacture or
distribute a look-alike substance. Any person who violates this
subsection (b) shall be guilty of a Class 4 3 felony, the fine

SB1971 - 61 - LRB101 08001 SLF 53058 b
for which shall not exceed $150,000.
(c) (Blank) It is unlawful for any person knowingly to
possess a look-alike substance. Any person who violates this
subsection (c) is guilty of a petty offense. Any person
convicted of a subsequent offense under this subsection (c)
shall be guilty of a Class C misdemeanor.
(d) In any prosecution brought under this Section, it is
not a defense to a violation of this Section that the defendant
believed the look-alike substance actually to be a controlled
substance.
(e) Nothing in this Section applies to:
(1) The manufacture, processing, packaging,
distribution or sale of noncontrolled substances to
licensed medical practitioners for use as placebos in
professional practice or research.
(2) Persons acting in the course and legitimate scope
of their employment as law enforcement officers.
(3) The retention of production samples of
noncontrolled substances produced prior to the effective
date of this amendatory Act of 1982, where such samples are
required by federal law.
(f) Nothing in this Section or in this Act applies to the
lawful manufacture, processing, packaging, advertising or
distribution of a drug or drugs by any person registered
pursuant to Section 510 of the Federal Food, Drug, and Cosmetic
Act (21 U.S.C. 360).

SB1971 - 62 - LRB101 08001 SLF 53058 b
(Source: P.A. 83-1362.)
(720 ILCS 570/405.2)
Sec. 405.2. Streetgang criminal drug conspiracy.
(a) Any person who engages in a streetgang criminal drug
conspiracy, as defined in this Section, is guilty of an offense
that is one class higher than the underlying offense under
subsection (a) or (c) of Section 401 of this Act or under the
Methamphetamine Control and Community Protection Act except
Section 60 of that Act. If the sentence for the underlying
offense is a term of imprisonment of not less than 6 years and
not more than 30 years, the penalty for streetgang criminal
drug conspiracy is a Class 1 felony for which the person may be
sentenced to a term of imprisonment of not less 9 years and not
more than 40 years. a Class X felony for which the offender
shall be sentenced to a term of imprisonment as follows:
(1) (blank) not less than 15 years and not more than 60
years for a violation of subsection (a) of Section 401;
(2) (blank) not less than 10 years and not more than 30
years for a violation of subsection (c) of Section 401.
For the purposes of this Section, a person engages in a
streetgang criminal drug conspiracy when:
(i) he or she violates any of the provisions of
subsection (a) or (c) of Section 401 of this Act or any
provision of the Methamphetamine Control and Community
Protection Act except Section 60 of that Act; and

SB1971 - 63 - LRB101 08001 SLF 53058 b
(ii) such violation is part of a conspiracy undertaken
or carried out with 2 or more other persons; and
(iii) such conspiracy is in furtherance of the
activities of an organized gang as defined in the Illinois
Streetgang Terrorism Omnibus Prevention Act; and
(iv) he or she occupies a position of organizer, a
supervising person, or any other position of management
with those persons identified in clause (ii) of this
subsection (a).
The fine for a violation of this Section shall not be more
than $500,000, and the offender shall be subject to the
forfeitures prescribed in subsection (b).
(b) Subject to the provisions of Section 8 of the Drug
Asset Forfeiture Procedure Act, any person who is convicted
under this Section of engaging in a streetgang criminal drug
conspiracy shall forfeit to the State of Illinois:
(1) the receipts obtained by him or her in such
conspiracy; and
(2) any of his or her interests in, claims against,
receipts from, or property or rights of any kind affording
a source of influence over, such conspiracy.
(c) The circuit court may enter such injunctions,
restraining orders, directions or prohibitions, or may take
such other actions, including the acceptance of satisfactory
performance bonds, in connection with any property, claim,
receipt, right or other interest subject to forfeiture under

SB1971 - 64 - LRB101 08001 SLF 53058 b
this Section, as it deems proper.
(Source: P.A. 94-556, eff. 9-11-05.)
(720 ILCS 570/407) (from Ch. 56 1/2, par. 1407)
Sec. 407. (a)(1)(A) Any person 18 years of age or over who
violates any subsection of Section 401 or subsection (b) of
Section 404 by delivering a controlled, counterfeit or
look-alike substance to a person under 18 years of age may, at
the discretion of the court, be sentenced to a maximum term of
imprisonment that is equal to the maximum term of imprisonment
for the underlying offense plus the minimum term of
imprisonment for the underlying offense may be sentenced to
imprisonment for a term up to twice the maximum term and fined
an amount up to twice that amount otherwise authorized by the
pertinent subsection of Section 401 and Subsection (b) of
Section 404.
(B) (Blank).
(2) (Blank). Except as provided in paragraph (3) of this
subsection, any person who violates:
(A) subsection (c) of Section 401 by delivering or
possessing with intent to deliver a controlled,
counterfeit, or look-alike substance in or on, or within
500 feet of, a truck stop or safety rest area, is guilty of
a Class 1 felony, the fine for which shall not exceed
$250,000;
(B) subsection (d) of Section 401 by delivering or

SB1971 - 65 - LRB101 08001 SLF 53058 b
possessing with intent to deliver a controlled,
counterfeit, or look-alike substance in or on, or within
500 feet of, a truck stop or safety rest area, is guilty of
a Class 2 felony, the fine for which shall not exceed
$200,000;
(C) subsection (e) of Section 401 or subsection (b) of
Section 404 by delivering or possessing with intent to
deliver a controlled, counterfeit, or look-alike substance
in or on, or within 500 feet of, a truck stop or safety
rest area, is guilty of a Class 3 felony, the fine for
which shall not exceed $150,000;
(D) subsection (f) of Section 401 by delivering or
possessing with intent to deliver a controlled,
counterfeit, or look-alike substance in or on, or within
500 feet of, a truck stop or safety rest area, is guilty of
a Class 3 felony, the fine for which shall not exceed
$125,000;
(E) subsection (g) of Section 401 by delivering or
possessing with intent to deliver a controlled,
counterfeit, or look-alike substance in or on, or within
500 feet of, a truck stop or safety rest area, is guilty of
a Class 3 felony, the fine for which shall not exceed
$100,000;
(F) subsection (h) of Section 401 by delivering or
possessing with intent to deliver a controlled,
counterfeit, or look-alike substance in or on, or within

SB1971 - 66 - LRB101 08001 SLF 53058 b
500 feet of, a truck stop or safety rest area, is guilty of
a Class 3 felony, the fine for which shall not exceed
$75,000;
(3) (Blank). Any person who violates paragraph (2) of this
subsection (a) by delivering or possessing with intent to
deliver a controlled, counterfeit, or look-alike substance in
or on, or within 500 feet of a truck stop or a safety rest area,
following a prior conviction or convictions of paragraph (2) of
this subsection (a) may be sentenced to a term of imprisonment
up to 2 times the maximum term and fined an amount up to 2 times
the amount otherwise authorized by Section 401.
(4) (Blank). For the purposes of this subsection (a):
(A) "Safety rest area" means a roadside facility
removed from the roadway with parking and facilities
designed for motorists' rest, comfort, and information
needs; and
(B) "Truck stop" means any facility (and its parking
areas) used to provide fuel or service, or both, to any
commercial motor vehicle as defined in Section 18b-101 of
the Illinois Vehicle Code.
(b) Any person who violates any subsection of Section 401
or subsection (b) of Section 404 in any school, or any
conveyance owned, leased or contracted by a school to transport
students to or from school or a school-related activity, or
public park, on the real property comprising any school, or
within 500 feet of the real property comprising any school,

SB1971 - 67 - LRB101 08001 SLF 53058 b
while persons under 18 years of age are present, during school
hours, or at times when persons under 18 years of age are
reasonably expected to be present, shall be sentenced to a
class of offense that is one class higher than the sentence
otherwise authorized by the pertinent subsection of Section 401
or subsection (b) of Section 404. If the sentence otherwise
authorized by the pertinent subsection of Section 401 or
subsection (b) of Section 404 is a Class 1 felony for which the
person may be sentenced to a term of imprisonment of not less
than 4 years and not more than 15 years, the penalty for an
offense under this Section is a Class 1 felony for which the
person may be sentenced to a term of imprisonment of not less
than 6 years and not more than 30 years. If the sentence
otherwise authorized by the pertinent subsection of Section 401
or subsection (b) of Section 404 is a Class 1 felony for which
the person may be sentenced to a term of imprisonment of not
less than 6 years and not more than 30 years, the penalty for
an offense under this Section is a Class 1 felony for which the
person may be sentenced to a term of imprisonment of not less
than 9 years and not more than 40 years. :
(1) subsection (c) of Section 401 in any school, on or
within 500 feet of the real property comprising any school,
or in any conveyance owned, leased or contracted by a
school to transport students to or from school or a school
related activity, and at the time of the violation persons
under the age of 18 are present, the offense is committed

SB1971 - 68 - LRB101 08001 SLF 53058 b
during school hours, or the offense is committed at times
when persons under the age of 18 are reasonably expected to
be present in the school, in the conveyance, or on the real
property, such as when after-school activities are
occurring, or in any public park or on or within 500 feet
of the real property comprising any public park, on the
real property comprising any church, synagogue, or other
building, structure, or place used primarily for religious
worship, or within 500 feet of the real property comprising
any church, synagogue, or other building, structure, or
place used primarily for religious worship, on the real
property comprising any of the following places,
buildings, or structures used primarily for housing or
providing space for activities for senior citizens:
nursing homes, assisted-living centers, senior citizen
housing complexes, or senior centers oriented toward
daytime activities, or within 500 feet of the real property
comprising any of the following places, buildings, or
structures used primarily for housing or providing space
for activities for senior citizens: nursing homes,
assisted-living centers, senior citizen housing complexes,
or senior centers oriented toward daytime activities and at
the time of the violation persons are present or reasonably
expected to be present in the church, synagogue, or other
building, structure, or place used primarily for religious
worship during worship services, or in buildings or

SB1971 - 69 - LRB101 08001 SLF 53058 b
structures used primarily for housing or providing space
for activities for senior citizens: nursing homes,
assisted-living centers, senior citizen housing complexes,
or senior centers oriented toward daytime activities
during the hours those places, buildings, or structures are
open for those activities, or on the real property is
guilty of a Class X felony, the fine for which shall not
exceed $500,000;
(2) subsection (d) of Section 401 in any school, on or
within 500 feet of the real property comprising any school,
or in any conveyance owned, leased or contracted by a
school to transport students to or from school or a school
related activity, and at the time of the violation persons
under the age of 18 are present, the offense is committed
during school hours, or the offense is committed at times
when persons under the age of 18 are reasonably expected to
be present in the school, in the conveyance, or on the real
property, such as when after-school activities are
occurring, or in any public park or on or within 500 feet
of the real property comprising any public park, on the
real property comprising any church, synagogue, or other
building, structure, or place used primarily for religious
worship, or within 500 feet of the real property comprising
any church, synagogue, or other building, structure, or
place used primarily for religious worship, on the real
property comprising any of the following places,

SB1971 - 70 - LRB101 08001 SLF 53058 b
buildings, or structures used primarily for housing or
providing space for activities for senior citizens:
nursing homes, assisted-living centers, senior citizen
housing complexes, or senior centers oriented toward
daytime activities, or within 500 feet of the real property
comprising any of the following places, buildings, or
structures used primarily for housing or providing space
for activities for senior citizens: nursing homes,
assisted-living centers, senior citizen housing complexes,
or senior centers oriented toward daytime activities and at
the time of the violation persons are present or reasonably
expected to be present in the church, synagogue, or other
building, structure, or place used primarily for religious
worship during worship services, or in buildings or
structures used primarily for housing or providing space
for activities for senior citizens: nursing homes,
assisted-living centers, senior citizen housing complexes,
or senior centers oriented toward daytime activities
during the hours those places, buildings, or structures are
open for those activities, or on the real property is
guilty of a Class 1 felony, the fine for which shall not
exceed $250,000;
(3) subsection (e) of Section 401 or Subsection (b) of
Section 404 in any school, on or within 500 feet of the
real property comprising any school, or in any conveyance
owned, leased or contracted by a school to transport

SB1971 - 71 - LRB101 08001 SLF 53058 b
students to or from school or a school related activity,
and at the time of the violation persons under the age of
18 are present, the offense is committed during school
hours, or the offense is committed at times when persons
under the age of 18 are reasonably expected to be present
in the school, in the conveyance, or on the real property,
such as when after-school activities are occurring, or in
any public park or on or within 500 feet of the real
property comprising any public park, on the real property
comprising any church, synagogue, or other building,
structure, or place used primarily for religious worship,
or within 500 feet of the real property comprising any
church, synagogue, or other building, structure, or place
used primarily for religious worship, on the real property
comprising any of the following places, buildings, or
structures used primarily for housing or providing space
for activities for senior citizens: nursing homes,
assisted-living centers, senior citizen housing complexes,
or senior centers oriented toward daytime activities, or
within 500 feet of the real property comprising any of the
following places, buildings, or structures used primarily
for housing or providing space for activities for senior
citizens: nursing homes, assisted-living centers, senior
citizen housing complexes, or senior centers oriented
toward daytime activities and at the time of the violation
persons are present or reasonably expected to be present in

SB1971 - 72 - LRB101 08001 SLF 53058 b
the church, synagogue, or other building, structure, or
place used primarily for religious worship during worship
services, or in buildings or structures used primarily for
housing or providing space for activities for senior
citizens: nursing homes, assisted-living centers, senior
citizen housing complexes, or senior centers oriented
toward daytime activities during the hours those places,
buildings, or structures are open for those activities, or
on the real property is guilty of a Class 2 felony, the
fine for which shall not exceed $200,000;
(4) subsection (f) of Section 401 in any school, on or
within 500 feet of the real property comprising any school,
or in any conveyance owned, leased or contracted by a
school to transport students to or from school or a school
related activity, and at the time of the violation persons
under the age of 18 are present, the offense is committed
during school hours, or the offense is committed at times
when persons under the age of 18 are reasonably expected to
be present in the school, in the conveyance, or on the real
property, such as when after-school activities are
occurring, or in any public park or on or within 500 feet
of the real property comprising any public park, on the
real property comprising any church, synagogue, or other
building, structure, or place used primarily for religious
worship, or within 500 feet of the real property comprising
any church, synagogue, or other building, structure, or

SB1971 - 73 - LRB101 08001 SLF 53058 b
place used primarily for religious worship, on the real
property comprising any of the following places,
buildings, or structures used primarily for housing or
providing space for activities for senior citizens:
nursing homes, assisted-living centers, senior citizen
housing complexes, or senior centers oriented toward
daytime activities, or within 500 feet of the real property
comprising any of the following places, buildings, or
structures used primarily for housing or providing space
for activities for senior citizens: nursing homes,
assisted-living centers, senior citizen housing complexes,
or senior centers oriented toward daytime activities and at
the time of the violation persons are present or reasonably
expected to be present in the church, synagogue, or other
building, structure, or place used primarily for religious
worship during worship services, or in buildings or
structures used primarily for housing or providing space
for activities for senior citizens: nursing homes,
assisted-living centers, senior citizen housing complexes,
or senior centers oriented toward daytime activities
during the hours those places, buildings, or structures are
open for those activities, or on the real property is
guilty of a Class 2 felony, the fine for which shall not
exceed $150,000;
(5) subsection (g) of Section 401 in any school, on or
within 500 feet of the real property comprising any school,

SB1971 - 74 - LRB101 08001 SLF 53058 b
or in any conveyance owned, leased or contracted by a
school to transport students to or from school or a school
related activity, and at the time of the violation persons
under the age of 18 are present, the offense is committed
during school hours, or the offense is committed at times
when persons under the age of 18 are reasonably expected to
be present in the school, in the conveyance, or on the real
property, such as when after-school activities are
occurring, or in any public park or on or within 500 feet
of the real property comprising any public park, on the
real property comprising any church, synagogue, or other
building, structure, or place used primarily for religious
worship, or within 500 feet of the real property comprising
any church, synagogue, or other building, structure, or
place used primarily for religious worship, on the real
property comprising any of the following places,
buildings, or structures used primarily for housing or
providing space for activities for senior citizens:
nursing homes, assisted-living centers, senior citizen
housing complexes, or senior centers oriented toward
daytime activities, or within 500 feet of the real property
comprising any of the following places, buildings, or
structures used primarily for housing or providing space
for activities for senior citizens: nursing homes,
assisted-living centers, senior citizen housing complexes,
or senior centers oriented toward daytime activities and at

SB1971 - 75 - LRB101 08001 SLF 53058 b
the time of the violation persons are present or reasonably
expected to be present in the church, synagogue, or other
building, structure, or place used primarily for religious
worship during worship services, or in buildings or
structures used primarily for housing or providing space
for activities for senior citizens: nursing homes,
assisted-living centers, senior citizen housing complexes,
or senior centers oriented toward daytime activities
during the hours those places, buildings, or structures are
open for those activities, or on the real property is
guilty of a Class 2 felony, the fine for which shall not
exceed $125,000;
(6) subsection (h) of Section 401 in any school, on or
within 500 feet of the real property comprising any school,
or in any conveyance owned, leased or contracted by a
school to transport students to or from school or a school
related activity, and at the time of the violation persons
under the age of 18 are present, the offense is committed
during school hours, or the offense is committed at times
when persons under the age of 18 are reasonably expected to
be present in the school, in the conveyance, or on the real
property, such as when after-school activities are
occurring, or in any public park or on or within 500 feet
of the real property comprising any public park, on the
real property comprising any church, synagogue, or other
building, structure, or place used primarily for religious

SB1971 - 76 - LRB101 08001 SLF 53058 b
worship, or within 500 feet of the real property comprising
any church, synagogue, or other building, structure, or
place used primarily for religious worship, on the real
property comprising any of the following places,
buildings, or structures used primarily for housing or
providing space for activities for senior citizens:
nursing homes, assisted-living centers, senior citizen
housing complexes, or senior centers oriented toward
daytime activities, or within 500 feet of the real property
comprising any of the following places, buildings, or
structures used primarily for housing or providing space
for activities for senior citizens: nursing homes,
assisted-living centers, senior citizen housing complexes,
or senior centers oriented toward daytime activities and at
the time of the violation persons are present or reasonably
expected to be present in the church, synagogue, or other
building, structure, or place used primarily for religious
worship during worship services, or in buildings or
structures used primarily for housing or providing space
for activities for senior citizens: nursing homes,
assisted-living centers, senior citizen housing complexes,
or senior centers oriented toward daytime activities
during the hours those places, buildings, or structures are
open for those activities, or on the real property is
guilty of a Class 2 felony, the fine for which shall not
exceed $100,000.

SB1971 - 77 - LRB101 08001 SLF 53058 b
(c) (Blank). Regarding penalties prescribed in subsection
(b) for violations committed in a school or on or within 500
feet of school property, the time of day and time of year at
the time of the offense is irrelevant.
(Source: P.A. 100-3, eff. 1-1-18.)
(720 ILCS 570/407.1) (from Ch. 56 1/2, par. 1407.1)
Sec. 407.1. Any person 18 years of age or over who violates
any subsection of Section 401 or , Section 404 or Section 405
by using, engaging or employing a person under 18 years of age
to deliver a controlled, counterfeit or look-alike substance
may, at the discretion of the court, be sentenced to a maximum
term of imprisonment that is equal to the maximum term of
imprisonment for the underlying offense plus the minimum term
of imprisonment for the underlying offense for a term up to
three times the maximum amount authorized by the pertinent
subsection of Section 401, Section 404 or Section 405.
(Source: P.A. 91-297, eff. 1-1-00.)
(720 ILCS 570/407.2) (from Ch. 56 1/2, par. 1407.2)
Sec. 407.2. Delivery of a controlled substance to a
pregnant woman.
(a) Any person who violates any subsection (a) of Section
401 of this Act by delivering a controlled substance to a woman
he knows to be pregnant may, at the discretion of the court, be
sentenced to a maximum term of imprisonment that is equal to

SB1971 - 78 - LRB101 08001 SLF 53058 b
the maximum term of imprisonment for the underlying offense
plus the minimum term of imprisonment for the underlying
offense a term twice the maximum amount authorized by Section
401 of this Act.
(b) (Blank). Any person who delivers an amount of a
controlled substance set forth in subsections (c) and (d) of
Section 401 of this Act to a woman he knows to be pregnant
commits a Class 1 felony. The fine for a violation of this
subsection (b) shall not be more than $250,000.
(Source: P.A. 86-1459; 87-754.)
(720 ILCS 570/410) (from Ch. 56 1/2, par. 1410)
Sec. 410. (a) Whenever any person who has not previously
been convicted of any felony offense under this Act or any law
of the United States or of any State relating to cannabis or
controlled substances, pleads guilty to or is found guilty of
possession of a controlled or counterfeit substance under
subsection (c) of Section 402 or of unauthorized possession of
prescription form under Section 406.2, the court, without
entering a judgment and with the consent of such person, may
sentence him or her to probation.
(b) When a person is placed on probation, the court shall
enter an order specifying a period of probation of 24 months
and shall defer further proceedings in the case until the
conclusion of the period or until the filing of a petition
alleging violation of a term or condition of probation.

SB1971 - 79 - LRB101 08001 SLF 53058 b
(c) The conditions of probation shall be that the person:
(1) not violate any criminal statute of any jurisdiction; (2)
refrain from possessing a firearm or other dangerous weapon;
(3) submit to periodic drug testing at a time and in a manner
as ordered by the court, but no less than 3 times during the
period of the probation, with the cost of the testing to be
paid by the probationer; and (4) perform no less than 30 hours
of community service, provided community service is available
in the jurisdiction and is funded and approved by the county
board. The court may give credit toward the fulfillment of
community service hours for participation in activities and
treatment as determined by court services.
(d) The court may, in addition to other conditions, require
that the person:
(1) make a report to and appear in person before or
participate with the court or such courts, person, or
social service agency as directed by the court in the order
of probation;
(2) pay a fine and costs;
(3) work or pursue a course of study or vocational
training;
(4) undergo medical or psychiatric treatment; or
treatment or rehabilitation approved by the Illinois
Department of Human Services;
(5) attend or reside in a facility established for the
instruction or residence of defendants on probation;

SB1971 - 80 - LRB101 08001 SLF 53058 b
(6) support his or her dependents;
(6-5) refrain from having in his or her body the
presence of any illicit drug prohibited by the Cannabis
Control Act, the Illinois Controlled Substances Act, or the
Methamphetamine Control and Community Protection Act,
unless prescribed by a physician, and submit samples of his
or her blood or urine or both for tests to determine the
presence of any illicit drug;
(7) and in addition, if a minor:
(i) reside with his or her parents or in a foster
home;
(ii) attend school;
(iii) attend a non-residential program for youth;
(iv) contribute to his or her own support at home
or in a foster home.
(e) Upon violation of a term or condition of probation, the
court may enter a judgment on its original finding of guilt and
proceed as otherwise provided.
(f) Upon fulfillment of the terms and conditions of
probation, the court shall discharge the person and dismiss the
proceedings against him or her.
(g) A disposition of probation is considered to be a
conviction for the purposes of imposing the conditions of
probation and for appeal, however, discharge and dismissal
under this Section is not a conviction for purposes of this Act
or for purposes of disqualifications or disabilities imposed by

SB1971 - 81 - LRB101 08001 SLF 53058 b
law upon conviction of a crime.
(h) (Blank). A person may not have more than one discharge
and dismissal under this Section within a 4-year period.
(i) If a person is convicted of an offense under this Act,
the Cannabis Control Act, or the Methamphetamine Control and
Community Protection Act within 5 years subsequent to a
discharge and dismissal under this Section, the discharge and
dismissal under this Section shall be admissible in the
sentencing proceeding for that conviction as evidence in
aggravation.
(j) Notwithstanding subsection (a), before a person is
sentenced to probation under this Section, the court may refer
the person to the drug court established in that judicial
circuit pursuant to Section 15 of the Drug Court Treatment Act.
The drug court team shall evaluate the person's likelihood of
successfully completing a sentence of probation under this
Section and shall report the results of its evaluation to the
court. If the drug court team finds that the person suffers
from a substance abuse problem that makes him or her
substantially unlikely to successfully complete a sentence of
probation under this Section, then the drug court shall set
forth its findings in the form of a written order, and the
person shall not be sentenced to probation under this Section,
but shall be considered for the drug court program.
(Source: P.A. 99-480, eff. 9-9-15; 100-3, eff. 1-1-18; 100-575,
eff. 1-8-18.)

SB1971 - 82 - LRB101 08001 SLF 53058 b
(720 ILCS 570/405 rep.)
(720 ILCS 570/405.1 rep.)
(720 ILCS 570/408 rep.)
Section 25. The Illinois Controlled Substances Act is
amended by repealing Sections 405, 405.1, and 408.
Section 30. The Drug Paraphernalia Control Act is amended
by changing Section 3.5 as follows:
(720 ILCS 600/3.5)
Sec. 3.5. Possession of drug paraphernalia.
(a) A person who knowingly possesses an item of drug
paraphernalia with the intent to use it in ingesting, inhaling,
or otherwise introducing cannabis or a controlled substance
into the human body, or in preparing cannabis or a controlled
substance for that use, is guilty of a Class A misdemeanor for
which the court shall impose a minimum fine of $750 in addition
to any other penalty prescribed for a Class A misdemeanor. This
subsection (a) does not apply to a person who is legally
authorized to possess hypodermic syringes or needles under the
Hypodermic Syringes and Needles Act.
(b) In determining intent under subsection (a), the trier
of fact may take into consideration the proximity of the
cannabis or controlled substances to drug paraphernalia or the
presence of cannabis or a controlled substance on the drug

SB1971 - 83 - LRB101 08001 SLF 53058 b
paraphernalia.
(c) If a person violates subsection (a) of Section 4 of the
Cannabis Control Act, the penalty for possession of any drug
paraphernalia seized during the violation for that offense
shall be a civil law violation punishable by a minimum fine not
to exceed $125 of $100 and a maximum fine of $200. The proceeds
of the fine shall be payable to the clerk of the circuit court.
Within 30 days after the deposit of the fine, the clerk shall
distribute the proceeds of the fine as follows:
(1) $10 of the fine to the circuit clerk and $10 of the
fine to the law enforcement agency that issued the
citation; the proceeds of each $10 fine distributed to the
circuit clerk and each $10 fine distributed to the law
enforcement agency that issued the citation for the
violation shall be used to defer the cost of automatic
expungements under paragraph (2.5) of subsection (a) of
Section 5.2 of the Criminal Identification Act;
(2) $15 to the county to fund drug addiction services;
(3) $10 to the Office of the State's Attorneys
Appellate Prosecutor for use in training programs;
(4) $10 to the State's Attorney; and
(5) any remainder of the fine to the law enforcement
agency that issued the citation for the violation.
With respect to funds designated for the Department of
State Police, the moneys shall be remitted by the circuit court
clerk to the Department of State Police within one month after

SB1971 - 84 - LRB101 08001 SLF 53058 b
receipt for deposit into the State Police Operations Assistance
Fund. With respect to funds designated for the Department of
Natural Resources, the Department of Natural Resources shall
deposit the moneys into the Conservation Police Operations
Assistance Fund.
(Source: P.A. 99-697, eff. 7-29-16.)
Section 35. The Methamphetamine Control and Community
Protection Act is amended by changing Sections 15, 20, 25, 30,
35, 40, 45, 50, 55, 56, 60, and 70 and by adding Sections 55.1,
55.2, 55.3, 55.4, and 55.5 as follows:
(720 ILCS 646/15)
Sec. 15. Participation in methamphetamine manufacturing.
(a) Participation in methamphetamine manufacturing.
(1) It is unlawful to knowingly participate in the
manufacture of methamphetamine with the intent that
methamphetamine or a substance containing methamphetamine
be produced.
(2) A person who violates paragraph (1) of this
subsection (a) is subject to the following penalties:
(A) A person who participates in the manufacture of
less than 15 grams of methamphetamine or a substance
containing methamphetamine is guilty of a Class 2 1
felony.
(B) A person who participates in the manufacture of

SB1971 - 85 - LRB101 08001 SLF 53058 b
15 or more grams but less than 100 grams of
methamphetamine or a substance containing
methamphetamine is guilty of a Class 1 X felony,
subject to a term of imprisonment of not less than 6
years and not more than 30 years, and subject to a fine
not to exceed $100,000 or the street value of the
methamphetamine manufactured, whichever is greater.
(C) A person who participates in the manufacture of
100 or more grams but less than 400 grams of
methamphetamine or a substance containing
methamphetamine is guilty of a Class 1 X felony, for
which the person may be sentenced subject to a term of
imprisonment of not less than 6 9 years and not more
than 30 40 years, and subject to a fine not to exceed
$200,000 or the street value of the methamphetamine
manufactured, whichever is greater.
(D) A person who participates in the manufacture of
400 or more grams but less than 900 grams of
methamphetamine or a substance containing
methamphetamine is guilty of a Class 1 X felony, for
which the person may be sentenced subject to a term of
imprisonment of not less than 6 12 years and not more
than 30 50 years, and subject to a fine not to exceed
$300,000 or the street value of the methamphetamine
manufactured, whichever is greater.
(E) A person who participates in the manufacture of

SB1971 - 86 - LRB101 08001 SLF 53058 b
900 grams or more of methamphetamine or a substance
containing methamphetamine is guilty of a Class 1 X
felony, for which the person may be sentenced subject
to a term of imprisonment of not less than 6 15 years
and not more than 30 60 years, and subject to a fine
not to exceed $400,000 or the street value of the
methamphetamine, whichever is greater.
(b) Aggravated participation in methamphetamine
manufacturing.
(1) It is unlawful to engage in aggravated
participation in the manufacture of methamphetamine. A
person engages in aggravated participation in the
manufacture of methamphetamine when the person violates
paragraph (1) of subsection (a) and:
(A) the person knowingly does so in a multi-unit
dwelling;
(B) the person knowingly does so in a structure or
vehicle where a child under the age of 18, a person
with a disability, or a person 60 years of age or older
who is incapable of adequately providing for his or her
own health and personal care resides, is present, or is
endangered by the manufacture of methamphetamine;
(C) the person does so in a structure or vehicle
where a woman the person knows to be pregnant
(including but not limited to the person herself)
resides, is present, or is endangered by the

SB1971 - 87 - LRB101 08001 SLF 53058 b
methamphetamine manufacture;
(D) the person knowingly does so in a structure or
vehicle protected by one or more firearms, explosive
devices, booby traps, alarm systems, surveillance
systems, guard dogs, or dangerous animals;
(E) the methamphetamine manufacturing in which the
person participates is a contributing cause of the
death, serious bodily injury, disability, or
disfigurement of another person, including but not
limited to an emergency service provider;
(F) the methamphetamine manufacturing in which the
person participates is a contributing cause of a fire
or explosion that damages property belonging to
another person;
(G) the person knowingly organizes, directs, or
finances the methamphetamine manufacturing or
activities carried out in support of the
methamphetamine manufacturing; or
(H) the methamphetamine manufacturing occurs
within 500 feet of a place of worship or parsonage, or
within 500 feet of the real property comprising any
school at a time when children, clergy, patrons, staff,
or other persons are present or any activity sanctioned
by the place of worship or parsonage or school is
taking place.
(2) A person who violates paragraph (1) of this

SB1971 - 88 - LRB101 08001 SLF 53058 b
subsection (b) is subject to the following penalties:
(A) A person who participates in the manufacture of
less than 15 grams of methamphetamine or a substance
containing methamphetamine is guilty of a Class 1 X
felony, subject to a term of imprisonment of not less
than 6 years and not more than 30 years, and subject to
a fine not to exceed $100,000 or the street value of
the methamphetamine, whichever is greater.
(B) A person who participates in the manufacture of
15 or more grams but less than 100 grams of
methamphetamine or a substance containing
methamphetamine is guilty of a Class 1 X felony, for
which the person may be sentenced subject to a term of
imprisonment of not less than 6 9 years and not more
than 30 40 years, and subject to a fine not to exceed
$200,000 or the street value of the methamphetamine,
whichever is greater.
(C) A person who participates in the manufacture of
100 or more grams but less than 400 grams of
methamphetamine or a substance containing
methamphetamine is guilty of a Class 1 X felony, for
which the person may be sentenced subject to a term of
imprisonment of not less than 6 12 years and not more
than 30 50 years, and subject to a fine not to exceed
$300,000 or the street value of the methamphetamine,
whichever is greater.

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(D) A person who participates in the manufacture of
400 grams or more of methamphetamine or a substance
containing methamphetamine is guilty of a Class 1 X
felony, for which the person may be sentenced subject
to a term of imprisonment of not less than 6 15 years
and not more than 30 60 years, and subject to a fine
not to exceed $400,000 or the street value of the
methamphetamine, whichever is greater.
(Source: P.A. 100-3, eff. 1-1-18.)
(720 ILCS 646/20)
Sec. 20. Methamphetamine precursor.
(a) Methamphetamine precursor or substance containing any
methamphetamine precursor in standard dosage form.
(1) It is unlawful to knowingly possess, procure,
transport, store, or deliver any methamphetamine precursor
or substance containing any methamphetamine precursor in
standard dosage form with the intent that it be used to
manufacture methamphetamine or a substance containing
methamphetamine.
(2) A person who violates paragraph (1) of this
subsection (a) is subject to the following penalties:
(A) A person who possesses, procures, transports,
stores, or delivers less than 15 grams of
methamphetamine precursor or substance containing any
methamphetamine precursor is guilty of a Class 4 2

SB1971 - 90 - LRB101 08001 SLF 53058 b
felony.
(B) A person who possesses, procures, transports,
stores, or delivers 15 or more grams but less than 30
grams of methamphetamine precursor or substance
containing any methamphetamine precursor is guilty of
a Class 3 1 felony.
(C) A person who possesses, procures, transports,
stores, or delivers 30 or more grams but less than 150
grams of methamphetamine precursor or substance
containing any methamphetamine precursor is guilty of
a Class 2 X felony, subject to a term of imprisonment
of not less than 6 years and not more than 30 years,
and subject to a fine not to exceed $100,000.
(D) A person who possesses, procures, transports,
stores, or delivers 150 or more grams but less than 500
grams of methamphetamine precursor or substance
containing any methamphetamine precursor is guilty of
a Class 1 X felony, subject to a term of imprisonment
of not less than 8 years and not more than 40 years,
and subject to a fine not to exceed $200,000.
(E) A person who possesses, procures, transports,
stores, or delivers 500 or more grams of
methamphetamine precursor or substance containing any
methamphetamine precursor is guilty of a Class 1 X
felony, for which the person may be sentenced subject
to a term of imprisonment of not less than 6 10 years

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and not more than 30 50 years, and subject to a fine
not to exceed $300,000.
(b) (Blank). Methamphetamine precursor or substance
containing any methamphetamine precursor in any form other than
a standard dosage form.
(1) It is unlawful to knowingly possess, procure,
transport, store, or deliver any methamphetamine precursor
or substance containing any methamphetamine precursor in
any form other than a standard dosage form with the intent
that it be used to manufacture methamphetamine or a
substance containing methamphetamine.
(2) A person who violates paragraph (1) of this
subsection (b) is subject to the following penalties:
(A) A person who violates paragraph (1) of this
subsection (b) with the intent that less than 10 grams
of methamphetamine or a substance containing
methamphetamine be manufactured is guilty of a Class 2
felony.
(B) A person who violates paragraph (1) of this
subsection (b) with the intent that 10 or more grams
but less than 20 grams of methamphetamine or a
substance containing methamphetamine be manufactured
is guilty of a Class 1 felony.
(C) A person who violates paragraph (1) of this
subsection (b) with the intent that 20 or more grams
but less than 100 grams of methamphetamine or a

SB1971 - 92 - LRB101 08001 SLF 53058 b
substance containing methamphetamine be manufactured
is guilty of a Class X felony, subject to a term of
imprisonment of not less than 6 years and not more than
30 years, and subject to a fine not to exceed $100,000.
(D) A person who violates paragraph (1) of this
subsection (b) with the intent that 100 or more grams
but less than 350 grams of methamphetamine or a
substance containing methamphetamine be manufactured
is guilty of a Class X felony, subject to a term of
imprisonment of not less than 8 years and not more than
40 years, and subject to a fine not to exceed $200,000.
(E) A person who violates paragraph (1) of this
subsection (b) with the intent that 350 or more grams
of methamphetamine or a substance containing
methamphetamine be manufactured is guilty of a Class X
felony, subject to a term of imprisonment of not less
than 10 years and not more than 50 years, and subject
to a fine not to exceed $300,000.
(c) Rule of evidence. The presence of any methamphetamine
precursor in a sealed, factory imprinted container, including,
but not limited to, a bottle, box, package, or blister pack, at
the time of seizure by law enforcement, is prima facie evidence
that the methamphetamine precursor located within the
container is in fact the material so described and in the
amount listed on the container. The factory imprinted container
is admissible for a violation of this Act for purposes of

SB1971 - 93 - LRB101 08001 SLF 53058 b
proving the contents of the container.
(Source: P.A. 94-556, eff. 9-11-05; 94-830, eff. 6-5-06.)
(720 ILCS 646/25)
Sec. 25. Anhydrous ammonia.
(a) Possession, procurement, transportation, storage, or
delivery of anhydrous ammonia with the intent that it be used
to manufacture methamphetamine.
(1) It is unlawful to knowingly engage in the
possession, procurement, transportation, storage, or
delivery of anhydrous ammonia or to attempt to engage in
any of these activities or to assist another in engaging in
any of these activities with the intent that the anhydrous
ammonia be used to manufacture methamphetamine.
(2) A person who violates paragraph (1) of this
subsection (a) is guilty of a Class 2 1 felony.
(b) Aggravated possession, procurement, transportation,
storage, or delivery of anhydrous ammonia with the intent that
it be used to manufacture methamphetamine.
(1) It is unlawful to knowingly engage in the
aggravated possession, procurement, transportation,
storage, or delivery of anhydrous ammonia with the intent
that it be used to manufacture methamphetamine. A person
commits this offense when the person engages in the
possession, procurement, transportation, storage, or
delivery of anhydrous ammonia or attempts to engage in any

SB1971 - 94 - LRB101 08001 SLF 53058 b
of these activities or assists another in engaging in any
of these activities with the intent that the anhydrous
ammonia be used to manufacture methamphetamine and:
(A) the person knowingly does so in a multi-unit
dwelling;
(B) the person knowingly does so in a structure or
vehicle where a child under the age of 18, or a person
with a disability, or a person who is 60 years of age
or older who is incapable of adequately providing for
his or her own health and personal care resides, is
present, or is endangered by the anhydrous ammonia;
(C) the person's possession, procurement,
transportation, storage, or delivery of anhydrous
ammonia is a contributing cause of the death, serious
bodily injury, disability, or disfigurement of another
person; or
(D) the person's possession, procurement,
transportation, storage, or delivery of anhydrous
ammonia is a contributing cause of a fire or explosion
that damages property belonging to another person.
(2) A person who violates paragraph (1) of this
subsection (b) is guilty of a Class 1 X felony, subject to
a term of imprisonment of not less than 6 years and not
more than 30 years, and subject to a fine not to exceed
$100,000.
(c) Possession, procurement, transportation, storage, or

SB1971 - 95 - LRB101 08001 SLF 53058 b
delivery of anhydrous ammonia in an unauthorized container.
(1) It is unlawful to knowingly possess, procure,
transport, store, or deliver anhydrous ammonia in an
unauthorized container.
(1.5) (Blank) It is unlawful to attempt to possess,
procure, transport, store, or deliver anhydrous ammonia in
an unauthorized container.
(2) A person who violates paragraph (1) of this
subsection (c) is guilty of a Class 4 3 felony. A person
who violates paragraph (1.5) of this subsection (c) is
guilty of a Class 4 felony.
(3) Affirmative defense. It is an affirmative defense
that the person charged possessed, procured, transported,
stored, or delivered anhydrous ammonia in a manner that
substantially complied with the rules governing anhydrous
ammonia equipment found in 8 Illinois Administrative Code
Section 215, in 92 Illinois Administrative Code Sections
171 through 180, or in any provision of the Code of Federal
Regulations incorporated by reference into these Sections
of the Illinois Administrative Code.
(d) Tampering with anhydrous ammonia equipment.
(1) It is unlawful to knowingly tamper with anhydrous
ammonia equipment. A person tampers with anhydrous ammonia
equipment when, without authorization from the lawful
owner, the person:
(A) removes or attempts to remove anhydrous

SB1971 - 96 - LRB101 08001 SLF 53058 b
ammonia from the anhydrous ammonia equipment used by
the lawful owner;
(B) damages or attempts to damage the anhydrous
ammonia equipment used by the lawful owner; or
(C) vents or attempts to vent anhydrous ammonia
into the environment.
(2) A person who violates paragraph (1) of this
subsection (d) is guilty of a Class 3 felony.
(Source: P.A. 94-556, eff. 9-11-05; 94-830, eff. 6-5-06;
95-690, eff. 1-1-08.)
(720 ILCS 646/30)
Sec. 30. Methamphetamine manufacturing material.
(a) It is unlawful to knowingly engage in the possession,
procurement, transportation, storage, or delivery of any
methamphetamine manufacturing material, other than a
methamphetamine precursor, substance containing a
methamphetamine precursor, or anhydrous ammonia, with the
intent that it be used to manufacture methamphetamine.
(b) A person who violates subsection (a) of this Section is
guilty of a Class 3 2 felony.
(Source: P.A. 94-556, eff. 9-11-05; 94-830, eff. 6-5-06.)
(720 ILCS 646/35)
Sec. 35. Use of property.
(a) It is unlawful for a person knowingly to use or allow

SB1971 - 97 - LRB101 08001 SLF 53058 b
the use of a vehicle, a structure, real property, or personal
property within the person's control to help bring about a
violation of this Act.
(b) A person who violates subsection (a) of this Section is
guilty of a Class 3 2 felony.
(Source: P.A. 94-556, eff. 9-11-05.)
(720 ILCS 646/40)
Sec. 40. Protection of methamphetamine manufacturing.
(a) It is unlawful to engage in the protection of
methamphetamine manufacturing. A person engages in the
protection of methamphetamine manufacturing when:
(1) the person knows that others have been
participating, are participating, or will be participating
in the manufacture of methamphetamine; and
(2) with the intent to help prevent detection of or
interference with the methamphetamine manufacturing, the
person serves as a lookout for or guard of the
methamphetamine manufacturing.
(b) A person who violates subsection (a) of this Section is
guilty of a Class 3 2 felony.
(Source: P.A. 94-556, eff. 9-11-05.)
(720 ILCS 646/45)
Sec. 45. Methamphetamine manufacturing waste.
(a) It is unlawful to knowingly burn, place in a trash

SB1971 - 98 - LRB101 08001 SLF 53058 b
receptacle, or dispose of methamphetamine manufacturing waste,
knowing that the waste was used in the manufacturing of
methamphetamine.
(b) A person who violates subsection (a) of this Section is
guilty of a Class 3 2 felony.
(Source: P.A. 94-556, eff. 9-11-05; 94-830, eff. 6-5-06.)
(720 ILCS 646/50)
Sec. 50. Methamphetamine-related child endangerment.
(a) Methamphetamine-related child endangerment.
(1) It is unlawful to engage in
methamphetamine-related child endangerment. A person
engages in methamphetamine-related child endangerment when
the person knowingly endangers the life and health of a
child by exposing or allowing exposure of the child to a
methamphetamine manufacturing environment.
(2) A person who violates paragraph (1) of this
subsection (a) is guilty of a Class 2 felony.
(b) Aggravated methamphetamine-related child endangerment.
(1) It is unlawful to engage in aggravated
methamphetamine-related child endangerment. A person
engages in aggravated methamphetamine-related child
endangerment when the person violates paragraph (1) of this
subsection (a) of this Section and the child experiences
death, great bodily harm, disability, or disfigurement as a
result of the methamphetamine-related child endangerment.

SB1971 - 99 - LRB101 08001 SLF 53058 b
(2) A person who violates paragraph (1) of this
subsection (b) is guilty of a Class 1 X felony, subject to
a term of imprisonment of not less than 6 years and not
more than 30 years, and subject to a fine not to exceed
$100,000.
(Source: P.A. 94-556, eff. 9-11-05.)
(720 ILCS 646/55)
Sec. 55. Methamphetamine delivery.
(a) Delivery or possession with intent to deliver
methamphetamine or a substance containing methamphetamine.
(1) It is unlawful knowingly to engage in the delivery
or possession with intent to deliver methamphetamine or a
substance containing methamphetamine.
(2) A person who violates paragraph (1) of this
subsection (a) is subject to the following penalties:
(A) A person who delivers or possesses with intent
to deliver less than one gram 5 grams of
methamphetamine or a substance containing
methamphetamine is guilty of a Class 4 2 felony.
(B) A person who delivers or possesses with intent
to deliver one 5 or more grams but less than 15 grams
of methamphetamine or a substance containing
methamphetamine is guilty of a Class 3 1 felony.
(C) A person who delivers or possesses with intent
to deliver 15 or more grams but less than 100 grams of

SB1971 - 100 - LRB101 08001 SLF 53058 b
methamphetamine or a substance containing
methamphetamine is guilty of a Class 2 X felony,
subject to a term of imprisonment of not less than 6
years and not more than 30 years, and subject to a fine
not to exceed $100,000 or the street value of the
methamphetamine, whichever is greater.
(D) A person who delivers or possesses with intent
to deliver 100 or more grams but less than 400 grams of
methamphetamine or a substance containing
methamphetamine is guilty of a Class 1 X felony,
subject to a term of imprisonment of not less than 9
years and not more than 40 years, and subject to a fine
not to exceed $200,000 or the street value of the
methamphetamine, whichever is greater.
(E) A person who delivers or possesses with intent
to deliver 400 or more grams but less than 900 grams of
methamphetamine or a substance containing
methamphetamine is guilty of a Class 1 X felony,
subject to a term of imprisonment of not less than 12
years and not more than 50 years, and subject to a fine
not to exceed $300,000 or the street value of the
methamphetamine, whichever is greater.
(F) A person who delivers or possesses with intent
to deliver 900 or more grams of methamphetamine or a
substance containing methamphetamine is guilty of a
Class 1 X felony, for which the person may be sentenced

SB1971 - 101 - LRB101 08001 SLF 53058 b
subject to a term of imprisonment of not less than 6 15
years and not more than 30 60 years, and subject to a
fine not to exceed $400,000 or the street value of the
methamphetamine, whichever is greater.
(b) (Blank). Aggravated delivery or possession with intent
to deliver methamphetamine or a substance containing
methamphetamine.
(1) It is unlawful to engage in the aggravated delivery
or possession with intent to deliver methamphetamine or a
substance containing methamphetamine. A person engages in
the aggravated delivery or possession with intent to
deliver methamphetamine or a substance containing
methamphetamine when the person violates paragraph (1) of
subsection (a) of this Section and:
(A) the person is at least 18 years of age and
knowingly delivers or possesses with intent to deliver
the methamphetamine or substance containing
methamphetamine to a person under 18 years of age;
(B) the person is at least 18 years of age and
knowingly uses, engages, employs, or causes another
person to use, engage, or employ a person under 18
years of age to deliver the methamphetamine or
substance containing methamphetamine;
(C) the person knowingly delivers or possesses
with intent to deliver the methamphetamine or
substance containing methamphetamine in any structure

SB1971 - 102 - LRB101 08001 SLF 53058 b
or vehicle protected by one or more firearms, explosive
devices, booby traps, alarm systems, surveillance
systems, guard dogs, or dangerous animals;
(D) the person knowingly delivers or possesses
with intent to deliver the methamphetamine or
substance containing methamphetamine in any school, on
any real property comprising any school, or in any
conveyance owned, leased, or contracted by a school to
transport students to or from school or a
school-related activity and at the time of the
violation persons under the age of 18 are present, the
offense is committed during school hours, or the
offense is committed at times when persons under the
age of 18 are reasonably expected to be present in the
school, in the conveyance, or on the real property,
such as when after-school activities are occurring;
(E) the person delivers or causes another person to
deliver the methamphetamine or substance containing
methamphetamine to a woman that the person knows to be
pregnant; or
(F) (blank).
(2) A person who violates paragraph (1) of this
subsection (b) is subject to the following penalties:
(A) A person who delivers or possesses with intent
to deliver less than 5 grams of methamphetamine or a
substance containing methamphetamine is guilty of a

SB1971 - 103 - LRB101 08001 SLF 53058 b
Class 1 felony.
(B) A person who delivers or possesses with intent
to deliver 5 or more grams but less than 15 grams of
methamphetamine or a substance containing
methamphetamine is guilty of a Class X felony, subject
to a term of imprisonment of not less than 6 years and
not more than 30 years, and subject to a fine not to
exceed $100,000 or the street value of the
methamphetamine, whichever is greater.
(C) A person who delivers or possesses with intent
to deliver 15 or more grams but less than 100 grams of
methamphetamine or a substance containing
methamphetamine is guilty of a Class X felony, subject
to a term of imprisonment of not less than 8 years and
not more than 40 years, and subject to a fine not to
exceed $200,000 or the street value of the
methamphetamine, whichever is greater.
(D) A person who delivers or possesses with intent
to deliver 100 or more grams of methamphetamine or a
substance containing methamphetamine is guilty of a
Class X felony, subject to a term of imprisonment of
not less than 10 years and not more than 50 years, and
subject to a fine not to exceed $300,000 or the street
value of the methamphetamine, whichever is greater.
(Source: P.A. 100-3, eff. 1-1-18.)

SB1971 - 104 - LRB101 08001 SLF 53058 b
(720 ILCS 646/55.1 new)
Sec. 55.1. Methamphetamine delivery by a person at least 18
years of age to a person under 18 years of age. Any person who
is at least 18 years of age who violates any subsection of
Section 55 by delivering methamphetamine or substance
containing methamphetamine to a person under 18 years of age
may, at the discretion of the court, be sentenced to a maximum
term of imprisonment that is equal to the maximum term of
imprisonment for the underlying offense plus the minimum term
of imprisonment for the underlying offense.
(720 ILCS 646/55.2 new)
Sec. 55.2. Employing person under 18 years of age to
deliver methamphetamine. Any person who is at least 18 years of
age who violates any subsection of Section 55 by using,
engaging, or employing, or causing another person to use,
engage, or employ a person under 18 years of age to deliver
methamphetamine or substance containing methamphetamine may,
at the discretion of the court, be sentenced to a maximum term
of imprisonment that is equal to the maximum term of
imprisonment for the underlying offense plus the minimum term
of imprisonment for the underlying offense.
(720 ILCS 646/55.3 new)
Sec. 55.3. Delivery of methamphetamine or possession with
intent to deliver methamphetamine—protected structure or

SB1971 - 105 - LRB101 08001 SLF 53058 b
vehicle. Any person who violates any subsection of Section 55
by knowingly delivering or possessing with intent to deliver
methamphetamine or substance containing methamphetamine in any
structure or vehicle protected by one or more explosive
devices, booby traps, or dangerous animals may, at the
discretion of the court, be sentenced to a maximum term of
imprisonment that is equal to the maximum term of imprisonment
for the underlying offense plus the minimum term of
imprisonment for the underlying offense.
(720 ILCS 646/55.4 new)
Sec. 55.4. Methamphetamine delivery or possession with
intent to deliver methamphetamine on school grounds. Any person
who violates any subsection of Section 55 by delivering or
possessing with intent to deliver methamphetamine or substance
containing methamphetamine in any school, on any real property
comprising any school, or in any conveyance owned, leased, or
contracted by a school to transport students to or from school
or a school-related activity shall be sentenced to a class of
offense that is one class higher than the sentence otherwise
authorized by the pertinent subsection of Section 55. If the
sentence otherwise authorized by the pertinent subsection of
Section 55 is a Class 1 felony for which the person may be
sentenced to a term of imprisonment of not less than 4 years
and not more than 15 years, the penalty for an offense under
this Section is a Class 1 felony for which the person may be

SB1971 - 106 - LRB101 08001 SLF 53058 b
sentenced to a term of imprisonment of not less than 6 years
and not more than 30 years. If the sentence otherwise
authorized by the pertinent subsection of Section 55 is a Class
1 felony for which the person may be sentenced to a term of
imprisonment of not less than 6 years and not more than 30
years, the penalty for an offense under this Section is a Class
1 felony for which the person may be sentenced to a term of
imprisonment of not less than 9 years and not more than 40
years.
(720 ILCS 646/55.5 new)
Sec. 55.5. Methamphetamine delivery to pregnant woman. Any
person who violates any subsection of Section 55 by delivering
or causing to be delivered methamphetamine or substance
containing methamphetamine to a woman that the person knows to
be pregnant may, at the discretion of the court, be sentenced
to a maximum term of imprisonment that is equal to the maximum
term of imprisonment for the underlying offense plus the
minimum term of imprisonment for the underlying offense.
(720 ILCS 646/56)
Sec. 56. Methamphetamine trafficking.
(a) Except for purposes as authorized by this Act, any
person who knowingly brings, or causes to be brought, into this
State 400 grams or more of methamphetamine or 500 grams or more
of , anhydrous ammonia, or a methamphetamine precursor or any

SB1971 - 107 - LRB101 08001 SLF 53058 b
amount of anhydrous ammonia for the purpose of manufacture or
delivery of methamphetamine or with the intent to manufacture
or deliver methamphetamine is guilty of methamphetamine
trafficking.
(a-5) A person convicted of methamphetamine trafficking
shall be sentenced as authorized by Section 55 of this Act,
based upon the amount of the methamphetamine brought or caused
to be brought into this State, if the person at sentencing
proves by a preponderance of the evidence that he or she:
(1) received little or no compensation from the illegal
transport of the methamphetamine into this State and had
minimal knowledge of the scope and structure of the
enterprise to manufacture or deliver the methamphetamine
transported; or
(2) was not involved in the organization or planning of
the enterprise to manufacture or deliver the
methamphetamine transported.
(b) Except as otherwise provided in subsection (a-5), a A
person convicted of methamphetamine trafficking shall be
sentenced to a term of imprisonment of not less than twice the
minimum term and not more than twice the maximum term of
imprisonment based upon the amount of methamphetamine brought
or caused to be brought into this State, as provided in
subsection (a) of Section 55 of this Act that is one class
higher than the underlying offense. If the underlying offense
is a Class 1 felony for which the offender may be sentenced to

SB1971 - 108 - LRB101 08001 SLF 53058 b
a term of imprisonment of not less than 6 years and not more
than 30 years, the penalty for methamphetamine trafficking is a
Class 1 felony for which the person may be sentenced to a term
of imprisonment of not less 9 years and not more than 40 years.
(c) (Blank) A person convicted of methamphetamine
trafficking based upon a methamphetamine precursor shall be
sentenced to a term of imprisonment of not less than twice the
minimum term and not more than twice the maximum term of
imprisonment based upon the amount of methamphetamine
precursor provided in subsection (a) or (b) of Section 20 of
this Act brought or caused to be brought into this State.
(d) A person convicted of methamphetamine trafficking
based upon anhydrous ammonia under paragraph (1) of subsection
(a) of Section 25 of this Act is guilty of a Class 1 felony
shall be sentenced to a term of imprisonment of not less than
twice the minimum term and not more than twice the maximum term
of imprisonment provided in paragraph (1) of subsection (a) of
Section 25 of this Act.
(Source: P.A. 94-830, eff. 6-5-06.)
(720 ILCS 646/60)
Sec. 60. Methamphetamine possession.
(a) It is unlawful knowingly to possess methamphetamine or
a substance containing methamphetamine.
(b) A person who violates subsection (a) is subject to the
following penalties:

SB1971 - 109 - LRB101 08001 SLF 53058 b
(1) A person who possesses less than 15 5 grams of
methamphetamine or a substance containing methamphetamine
is guilty of a Class A misdemeanor 3 felony.
(2) (Blank). A person who possesses 5 or more grams but
less than 15 grams of methamphetamine or a substance
containing methamphetamine is guilty of a Class 2 felony.
(3) A person who possesses 15 or more grams but less
than 100 grams of methamphetamine or a substance containing
methamphetamine is guilty of a Class 3 1 felony.
(4) A person who possesses 100 or more grams but less
than 400 grams of methamphetamine or a substance containing
methamphetamine is guilty of a Class 2 X felony, subject to
a term of imprisonment of not less than 6 years and not
more than 30 years, and subject to a fine not to exceed
$100,000.
(5) A person who possesses 400 or more grams but less
than 900 grams of methamphetamine or a substance containing
methamphetamine is guilty of a Class 1 X felony, subject to
a term of imprisonment of not less than 8 years and not
more than 40 years, and subject to a fine not to exceed
$200,000.
(6) A person who possesses 900 or more grams of
methamphetamine or a substance containing methamphetamine
is guilty of a Class 1 X felony, subject to a term of
imprisonment of not less than 10 years and not more than 50
years, and subject to a fine not to exceed $300,000.

SB1971 - 110 - LRB101 08001 SLF 53058 b
(Source: P.A. 94-556, eff. 9-11-05.)
(720 ILCS 646/70)
Sec. 70. Probation.
(a) Whenever any person who has not previously been
convicted of any felony offense under this Act, the Illinois
Controlled Substances Act, the Cannabis Control Act, or any law
of the United States or of any state relating to cannabis or
controlled substances, pleads guilty to or is found guilty of
possession of less than 15 grams of methamphetamine under
paragraph (1) or (2) of subsection (b) of Section 60 of this
Act, the court, without entering a judgment and with the
consent of the person, may sentence him or her to probation.
(b) When a person is placed on probation, the court shall
enter an order specifying a period of probation of 24 months
and shall defer further proceedings in the case until the
conclusion of the period or until the filing of a petition
alleging violation of a term or condition of probation.
(c) The conditions of probation shall be that the person:
(1) not violate any criminal statute of any
jurisdiction;
(2) refrain from possessing a firearm or other
dangerous weapon;
(3) submit to periodic drug testing at a time and in a
manner as ordered by the court, but no less than 3 times
during the period of the probation, with the cost of the

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testing to be paid by the probationer; and
(4) perform no less than 30 hours of community service,
if community service is available in the jurisdiction and
is funded and approved by the county board. The court may
give credit toward the fulfillment of community service
hours for participation in activities and treatment as
determined by court services.
(d) The court may, in addition to other conditions, require
that the person take one or more of the following actions:
(1) make a report to and appear in person before or
participate with the court or such courts, person, or
social service agency as directed by the court in the order
of probation;
(2) pay a fine and costs;
(3) work or pursue a course of study or vocational
training;
(4) undergo medical or psychiatric treatment; or
treatment or rehabilitation approved by the Illinois
Department of Human Services;
(5) attend or reside in a facility established for the
instruction or residence of defendants on probation;
(6) support his or her dependents;
(7) refrain from having in his or her body the presence
of any illicit drug prohibited by this Act, the Cannabis
Control Act, or the Illinois Controlled Substances Act,
unless prescribed by a physician, and submit samples of his

SB1971 - 112 - LRB101 08001 SLF 53058 b
or her blood or urine or both for tests to determine the
presence of any illicit drug; or
(8) if a minor:
(i) reside with his or her parents or in a foster
home;
(ii) attend school;
(iii) attend a non-residential program for youth;
or
(iv) contribute to his or her own support at home
or in a foster home.
(e) Upon violation of a term or condition of probation, the
court may enter a judgment on its original finding of guilt and
proceed as otherwise provided.
(f) Upon fulfillment of the terms and conditions of
probation, the court shall discharge the person and dismiss the
proceedings against the person.
(g) A disposition of probation is considered to be a
conviction for the purposes of imposing the conditions of
probation and for appeal, however, discharge and dismissal
under this Section is not a conviction for purposes of this Act
or for purposes of disqualifications or disabilities imposed by
law upon conviction of a crime.
(h) (Blank). A person may not have more than one discharge
and dismissal under this Section within a 4-year period.
(i) If a person is convicted of an offense under this Act,
the Cannabis Control Act, or the Illinois Controlled Substances

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Act within 5 years subsequent to a discharge and dismissal
under this Section, the discharge and dismissal under this
Section are admissible in the sentencing proceeding for that
conviction as evidence in aggravation.
(j) Notwithstanding subsection (a), before a person is
sentenced to probation under this Section, the court may refer
the person to the drug court established in that judicial
circuit pursuant to Section 15 of the Drug Court Treatment Act.
The drug court team shall evaluate the person's likelihood of
successfully completing a sentence of probation under this
Section and shall report the results of its evaluation to the
court. If the drug court team finds that the person suffers
from a substance abuse problem that makes him or her
substantially unlikely to successfully complete a sentence of
probation under this Section, then the drug court shall set
forth its findings in the form of a written order, and the
person shall not be sentenced to probation under this Section,
but shall be considered for the drug court program.
(Source: P.A. 99-480, eff. 9-9-15; 100-3, eff. 1-1-18; 100-575,
eff. 1-8-18.)
(720 ILCS 646/65 rep.)
(720 ILCS 646/100 rep.)
Section 40. The Methamphetamine Control and Community
Protection Act is amended by repealing Sections 65 and 100.

SB1971 - 114 - LRB101 08001 SLF 53058 b
Section 43. The State's Attorneys Appellate Prosecutor's
Act is amended by changing Section 4.01 as follows:
(725 ILCS 210/4.01) (from Ch. 14, par. 204.01)
Sec. 4.01. (a) The Office and all attorneys employed
thereby may represent the People of the State of Illinois on
appeal in all cases which emanate from a county containing less
than 3,000,000 inhabitants, when requested to do so and at the
direction of the State's Attorney, otherwise responsible for
prosecuting the appeal, and may, with the advice and consent of
the State's Attorney prepare, file and argue such appellate
briefs in the Illinois Appellate Court and, when requested and
authorized to do so by the Attorney General, in the Illinois
Supreme Court.
(b) Notwithstanding the population restriction contained
in subsection (a), the Office may also assist County State's
Attorneys in the discharge of their duties under the Illinois
Controlled Substances Act, the Cannabis Control Act, the
Methamphetamine Control and Community Protection Act, the Drug
Asset Forfeiture Procedure Act, the Narcotics Profit
Forfeiture Act, and the Illinois Public Labor Relations Act,
including negotiations conducted on behalf of a county or
pursuant to an intergovernmental agreement as well as in the
trial and appeal of said cases and of tax objections, and the
counties which use services relating to labor relations shall
reimburse the Office on pro-rated shares as determined by the

SB1971 - 115 - LRB101 08001 SLF 53058 b
board based upon the population and number of labor relations
cases of the participating counties. In addition, the Office
and all attorneys employed by the Office may also assist
State's Attorneys in the discharge of their duties in the
prosecution, trial, or hearing on post-conviction of other
cases when requested to do so by, and at the direction of, the
State's Attorney otherwise responsible for the case. In
addition, the Office and all attorneys employed by the Office
may act as Special Prosecutor if duly appointed to do so by a
court having jurisdiction. Except when the appointment of a
Special Prosecutor is made pursuant to subsection (a-17) of
Section 3-9008 of the Counties Code, to To be effective, the
order appointing the Office or its attorneys as Special
Prosecutor must (i) identify the case and its subject matter
and (ii) state that the Special Prosecutor serves at the
pleasure of the Attorney General, who may substitute himself or
herself as the Special Prosecutor when, in his or her judgment,
the interest of the people of the State so requires. Within 5
days after receiving a copy of an order from the court
appointing the Office or any of its attorneys as a Special
Prosecutor, the Office must forward a copy of the order to the
Springfield office of the Attorney General.
(Source: P.A. 100-319, eff. 8-24-17.)
Section 45. The Unified Code of Corrections is amended by
changing Sections 3-6-3, 5-4-1, 5-4.5-95, 5-5-3, 5-6-3.3,

SB1971 - 116 - LRB101 08001 SLF 53058 b
5-6-3.4, 5-8-1, 5-8-2, and 5-8-6 as follows:
(730 ILCS 5/3-6-3) (from Ch. 38, par. 1003-6-3)
Sec. 3-6-3. Rules and regulations for sentence credit.
(a)(1) The Department of Corrections shall prescribe rules
and regulations for awarding and revoking sentence credit for
persons committed to the Department which shall be subject to
review by the Prisoner Review Board.
(1.5) As otherwise provided by law, sentence credit may be
awarded for the following:
(A) successful completion of programming while in
custody of the Department or while in custody prior to
sentencing;
(B) compliance with the rules and regulations of the
Department; or
(C) service to the institution, service to a community,
or service to the State.
(2) Except as provided in paragraph (4.7) of this
subsection (a), the rules and regulations on sentence credit
shall provide, with respect to offenses listed in clause (i),
(ii), or (iii) of this paragraph (2) committed on or after June
19, 1998 or with respect to the offense listed in clause (iv)
of this paragraph (2) committed on or after June 23, 2005 (the
effective date of Public Act 94-71) or with respect to offense
listed in clause (vi) committed on or after June 1, 2008 (the
effective date of Public Act 95-625) or with respect to the

SB1971 - 117 - LRB101 08001 SLF 53058 b
offense of being an armed habitual criminal committed on or
after August 2, 2005 (the effective date of Public Act 94-398)
or with respect to the offenses listed in clause (v) of this
paragraph (2) committed on or after August 13, 2007 (the
effective date of Public Act 95-134) or with respect to the
offense of aggravated domestic battery committed on or after
July 23, 2010 (the effective date of Public Act 96-1224) or
with respect to the offense of attempt to commit terrorism
committed on or after January 1, 2013 (the effective date of
Public Act 97-990), the following:
(i) that a prisoner who is serving a term of
imprisonment for first degree murder or for the offense of
terrorism shall receive no sentence credit and shall serve
the entire sentence imposed by the court;
(i-5) that a prisoner who is serving a term of
imprisonment for first degree murder shall receive no more
than 7.5 days of sentence credit for each month of his or
her sentence of imprisonment;
(ii) that a prisoner serving a sentence for attempt to
commit terrorism, attempt to commit first degree murder,
solicitation of murder, solicitation of murder for hire,
intentional homicide of an unborn child, predatory
criminal sexual assault of a child, aggravated criminal
sexual assault, criminal sexual assault, aggravated
kidnapping, aggravated battery with a firearm as described
in Section 12-4.2 or subdivision (e)(1), (e)(2), (e)(3), or

SB1971 - 118 - LRB101 08001 SLF 53058 b
(e)(4) of Section 12-3.05, heinous battery as described in
Section 12-4.1 or subdivision (a)(2) of Section 12-3.05,
being an armed habitual criminal, aggravated battery of a
senior citizen as described in Section 12-4.6 or
subdivision (a)(4) of Section 12-3.05, or aggravated
battery of a child as described in Section 12-4.3 or
subdivision (b)(1) of Section 12-3.05 shall receive no more
than 8.5 4.5 days of sentence credit for each month of his
or her sentence of imprisonment;
(iii) that a prisoner serving a sentence for home
invasion, armed robbery, aggravated vehicular hijacking,
aggravated discharge of a firearm, or armed violence with a
category I weapon or category II weapon, when the court has
made and entered a finding, pursuant to subsection (c-1) of
Section 5-4-1 of this Code, that the conduct leading to
conviction for the enumerated offense resulted in great
bodily harm to a victim, shall receive no more than 8.5 4.5
days of sentence credit for each month of his or her
sentence of imprisonment;
(iv) that a prisoner serving a sentence for aggravated
discharge of a firearm, whether or not the conduct leading
to conviction for the offense resulted in great bodily harm
to the victim, shall receive no more than 8.5 4.5 days of
sentence credit for each month of his or her sentence of
imprisonment;
(v) that a person serving a sentence for gunrunning,

SB1971 - 119 - LRB101 08001 SLF 53058 b
narcotics racketeering, controlled substance trafficking,
methamphetamine trafficking, drug-induced homicide, or
aggravated methamphetamine-related child endangerment,
money laundering pursuant to clause (c) (4) or (5) of
Section 29B-1 of the Criminal Code of 1961 or the Criminal
Code of 2012, or a Class X felony conviction for delivery
of a controlled substance, possession of a controlled
substance with intent to manufacture or deliver,
calculated criminal drug conspiracy, criminal drug
conspiracy, street gang criminal drug conspiracy,
participation in methamphetamine manufacturing, aggravated
participation in methamphetamine manufacturing, delivery
of methamphetamine, possession with intent to deliver
methamphetamine, aggravated delivery of methamphetamine,
aggravated possession with intent to deliver
methamphetamine, methamphetamine conspiracy when the
substance containing the controlled substance or
methamphetamine is 100 grams or more shall receive no more
than 10.5 7.5 days sentence credit for each month of his or
her sentence of imprisonment;
(vi) that a prisoner serving a sentence for a second or
subsequent offense of luring a minor shall receive no more
than 8.5 4.5 days of sentence credit for each month of his
or her sentence of imprisonment; and
(vii) that a prisoner serving a sentence for aggravated
domestic battery shall receive no more than 8.5 4.5 days of

SB1971 - 120 - LRB101 08001 SLF 53058 b
sentence credit for each month of his or her sentence of
imprisonment.
(2.1) For all offenses, other than those enumerated in
subdivision (a)(2)(i), (i-5), (ii), or (iii) committed on or
after June 19, 1998 or subdivision (a)(2)(iv) committed on or
after June 23, 2005 (the effective date of Public Act 94-71) or
subdivision (a)(2)(v) committed on or after August 13, 2007
(the effective date of Public Act 95-134) or subdivision
(a)(2)(vi) committed on or after June 1, 2008 (the effective
date of Public Act 95-625) or subdivision (a)(2)(vii) committed
on or after July 23, 2010 (the effective date of Public Act
96-1224), and other than the offense of aggravated driving
under the influence of alcohol, other drug or drugs, or
intoxicating compound or compounds, or any combination thereof
as defined in subparagraph (F) of paragraph (1) of subsection
(d) of Section 11-501 of the Illinois Vehicle Code, and other
than the offense of aggravated driving under the influence of
alcohol, other drug or drugs, or intoxicating compound or
compounds, or any combination thereof as defined in
subparagraph (C) of paragraph (1) of subsection (d) of Section
11-501 of the Illinois Vehicle Code committed on or after
January 1, 2011 (the effective date of Public Act 96-1230), the
rules and regulations shall provide that a prisoner who is
serving a term of imprisonment shall receive one day of
sentence credit for each day of his or her sentence of
imprisonment or recommitment under Section 3-3-9. Each day of

SB1971 - 121 - LRB101 08001 SLF 53058 b
sentence credit shall reduce by one day the prisoner's period
of imprisonment or recommitment under Section 3-3-9.
(2.2) A prisoner serving a term of natural life
imprisonment or a prisoner who has been sentenced to death
shall receive no sentence credit.
(2.3) Except as provided in paragraph (4.7) of this
subsection (a), the rules and regulations on sentence credit
shall provide that a prisoner who is serving a sentence for
aggravated driving under the influence of alcohol, other drug
or drugs, or intoxicating compound or compounds, or any
combination thereof as defined in subparagraph (F) of paragraph
(1) of subsection (d) of Section 11-501 of the Illinois Vehicle
Code, shall receive no more than 8.5 4.5 days of sentence
credit for each month of his or her sentence of imprisonment.
(2.4) Except as provided in paragraph (4.7) of this
subsection (a), the rules and regulations on sentence credit
shall provide with respect to the offenses of aggravated
battery with a machine gun or a firearm equipped with any
device or attachment designed or used for silencing the report
of a firearm or aggravated discharge of a machine gun or a
firearm equipped with any device or attachment designed or used
for silencing the report of a firearm, committed on or after
July 15, 1999 (the effective date of Public Act 91-121), that a
prisoner serving a sentence for any of these offenses shall
receive no more than 8.5 4.5 days of sentence credit for each
month of his or her sentence of imprisonment.

SB1971 - 122 - LRB101 08001 SLF 53058 b
(2.5) Except as provided in paragraph (4.7) of this
subsection (a), the rules and regulations on sentence credit
shall provide that a prisoner who is serving a sentence for
aggravated arson committed on or after July 27, 2001 (the
effective date of Public Act 92-176) shall receive no more than
8.5 4.5 days of sentence credit for each month of his or her
sentence of imprisonment.
(2.6) Except as provided in paragraph (4.7) of this
subsection (a), the rules and regulations on sentence credit
shall provide that a prisoner who is serving a sentence for
aggravated driving under the influence of alcohol, other drug
or drugs, or intoxicating compound or compounds or any
combination thereof as defined in subparagraph (C) of paragraph
(1) of subsection (d) of Section 11-501 of the Illinois Vehicle
Code committed on or after January 1, 2011 (the effective date
of Public Act 96-1230) shall receive no more than 8.5 4.5 days
of sentence credit for each month of his or her sentence of
imprisonment.
(3) In addition to the sentence credits earned under
paragraphs (2.1), (4), (4.1), and (4.7) of this subsection (a),
the rules and regulations shall also provide that the Director
may award up to 180 days of earned sentence credit for good
conduct in specific instances as the Director deems proper. The
good conduct may include, but is not limited to, compliance
with the rules and regulations of the Department, service to
the Department, service to a community, or service to the

SB1971 - 123 - LRB101 08001 SLF 53058 b
State.
Eligible inmates for an award of earned sentence credit
under this paragraph (3) may be selected to receive the credit
at the Director's or his or her designee's sole discretion.
Eligibility for the additional earned sentence credit under
this paragraph (3) shall be based on, but is not limited to,
the results of any available risk/needs assessment or other
relevant assessments or evaluations administered by the
Department using a validated instrument, the circumstances of
the crime, any history of conviction for a forcible felony
enumerated in Section 2-8 of the Criminal Code of 2012, the
inmate's behavior and disciplinary history while incarcerated,
and the inmate's commitment to rehabilitation, including
participation in programming offered by the Department.
The Director shall not award sentence credit under this
paragraph (3) to an inmate unless the inmate has served a
minimum of 60 days of the sentence; except nothing in this
paragraph shall be construed to permit the Director to extend
an inmate's sentence beyond that which was imposed by the
court. Prior to awarding credit under this paragraph (3), the
Director shall make a written determination that the inmate:
(A) is eligible for the earned sentence credit;
(B) has served a minimum of 60 days, or as close to 60
days as the sentence will allow;
(B-1) has received a risk/needs assessment or other
relevant evaluation or assessment administered by the

SB1971 - 124 - LRB101 08001 SLF 53058 b
Department using a validated instrument; and
(C) has met the eligibility criteria established by
rule for earned sentence credit.
The Director shall determine the form and content of the
written determination required in this subsection.
(3.5) The Department shall provide annual written reports
to the Governor and the General Assembly on the award of earned
sentence credit no later than February 1 of each year. The
Department must publish both reports on its website within 48
hours of transmitting the reports to the Governor and the
General Assembly. The reports must include:
(A) the number of inmates awarded earned sentence
credit;
(B) the average amount of earned sentence credit
awarded;
(C) the holding offenses of inmates awarded earned
sentence credit; and
(D) the number of earned sentence credit revocations.
(4) Except as provided in paragraph (4.7) of this
subsection (a), the rules and regulations shall also provide
that the sentence credit accumulated and retained under
paragraph (2.1) of subsection (a) of this Section by any inmate
during specific periods of time in which such inmate is engaged
full-time in substance abuse programs, correctional industry
assignments, educational programs, behavior modification
programs, life skills courses, or re-entry planning provided by

SB1971 - 125 - LRB101 08001 SLF 53058 b
the Department under this paragraph (4) and satisfactorily
completes the assigned program as determined by the standards
of the Department, shall be multiplied by a factor of 1.25 for
program participation before August 11, 1993 and 1.50 for
program participation on or after that date. The rules and
regulations shall also provide that sentence credit, subject to
the same offense limits and multiplier provided in this
paragraph, may be provided to an inmate who was held in
pre-trial detention prior to his or her current commitment to
the Department of Corrections and successfully completed a
full-time, 60-day or longer substance abuse program,
educational program, behavior modification program, life
skills course, or re-entry planning provided by the county
department of corrections or county jail. Calculation of this
county program credit shall be done at sentencing as provided
in Section 5-4.5-100 of this Code and shall be included in the
sentencing order. However, no inmate shall be eligible for the
additional sentence credit under this paragraph (4) or (4.1) of
this subsection (a) while assigned to a boot camp or electronic
detention.
Educational, vocational, substance abuse, behavior
modification programs, life skills courses, re-entry planning,
and correctional industry programs under which sentence credit
may be increased under this paragraph (4) and paragraph (4.1)
of this subsection (a) shall be evaluated by the Department on
the basis of documented standards. The Department shall report

SB1971 - 126 - LRB101 08001 SLF 53058 b
the results of these evaluations to the Governor and the
General Assembly by September 30th of each year. The reports
shall include data relating to the recidivism rate among
program participants.
Availability of these programs shall be subject to the
limits of fiscal resources appropriated by the General Assembly
for these purposes. Eligible inmates who are denied immediate
admission shall be placed on a waiting list under criteria
established by the Department. The inability of any inmate to
become engaged in any such programs by reason of insufficient
program resources or for any other reason established under the
rules and regulations of the Department shall not be deemed a
cause of action under which the Department or any employee or
agent of the Department shall be liable for damages to the
inmate.
(4.1) Except as provided in paragraph (4.7) of this
subsection (a), the rules and regulations shall also provide
that an additional 90 days of sentence credit shall be awarded
to any prisoner who passes high school equivalency testing
while the prisoner is committed to the Department of
Corrections. The sentence credit awarded under this paragraph
(4.1) shall be in addition to, and shall not affect, the award
of sentence credit under any other paragraph of this Section,
but shall also be pursuant to the guidelines and restrictions
set forth in paragraph (4) of subsection (a) of this Section.
The sentence credit provided for in this paragraph shall be

SB1971 - 127 - LRB101 08001 SLF 53058 b
available only to those prisoners who have not previously
earned a high school diploma or a high school equivalency
certificate. If, after an award of the high school equivalency
testing sentence credit has been made, the Department
determines that the prisoner was not eligible, then the award
shall be revoked. The Department may also award 90 days of
sentence credit to any committed person who passed high school
equivalency testing while he or she was held in pre-trial
detention prior to the current commitment to the Department of
Corrections.
(4.5) The rules and regulations on sentence credit shall
also provide that when the court's sentencing order recommends
a prisoner for substance abuse treatment and the crime was
committed on or after September 1, 2003 (the effective date of
Public Act 93-354), the prisoner shall receive no sentence
credit awarded under clause (3) of this subsection (a) unless
he or she participates in and completes a substance abuse
treatment program. The Director may waive the requirement to
participate in or complete a substance abuse treatment program
in specific instances if the prisoner is not a good candidate
for a substance abuse treatment program for medical,
programming, or operational reasons. Availability of substance
abuse treatment shall be subject to the limits of fiscal
resources appropriated by the General Assembly for these
purposes. If treatment is not available and the requirement to
participate and complete the treatment has not been waived by

SB1971 - 128 - LRB101 08001 SLF 53058 b
the Director, the prisoner shall be placed on a waiting list
under criteria established by the Department. The Director may
allow a prisoner placed on a waiting list to participate in and
complete a substance abuse education class or attend substance
abuse self-help meetings in lieu of a substance abuse treatment
program. A prisoner on a waiting list who is not placed in a
substance abuse program prior to release may be eligible for a
waiver and receive sentence credit under clause (3) of this
subsection (a) at the discretion of the Director.
(4.6) The rules and regulations on sentence credit shall
also provide that a prisoner who has been convicted of a sex
offense as defined in Section 2 of the Sex Offender
Registration Act shall receive no sentence credit unless he or
she either has successfully completed or is participating in
sex offender treatment as defined by the Sex Offender
Management Board. However, prisoners who are waiting to receive
treatment, but who are unable to do so due solely to the lack
of resources on the part of the Department, may, at the
Director's sole discretion, be awarded sentence credit at a
rate as the Director shall determine.
(4.7) On or after the effective date of this amendatory Act
of the 100th General Assembly, sentence credit under paragraph
(3), (4), or (4.1) of this subsection (a) may be awarded to a
prisoner who is serving a sentence for an offense described in
paragraph (2), (2.3), (2.4), (2.5), or (2.6) for credit earned
on or after the effective date of this amendatory Act of the

SB1971 - 129 - LRB101 08001 SLF 53058 b
100th General Assembly; provided, the award of the credits
under this paragraph (4.7) shall not reduce the sentence of the
prisoner to less than the following amounts:
(i) 85% of his or her sentence if the prisoner is
required to serve 85% of his or her sentence; or
(ii) 60% of his or her sentence if the prisoner is
required to serve 75% of his or her sentence, except if the
prisoner is serving a sentence for gunrunning his or her
sentence shall not be reduced to less than 75%.
This paragraph (4.7) shall not apply to a prisoner serving
a sentence for an offense described in subparagraph (i) of
paragraph (2) of this subsection (a).
(5) Whenever the Department is to release any inmate
earlier than it otherwise would because of a grant of earned
sentence credit under paragraph (3) of subsection (a) of this
Section given at any time during the term, the Department shall
give reasonable notice of the impending release not less than
14 days prior to the date of the release to the State's
Attorney of the county where the prosecution of the inmate took
place, and if applicable, the State's Attorney of the county
into which the inmate will be released. The Department must
also make identification information and a recent photo of the
inmate being released accessible on the Internet by means of a
hyperlink labeled "Community Notification of Inmate Early
Release" on the Department's World Wide Web homepage. The
identification information shall include the inmate's: name,

SB1971 - 130 - LRB101 08001 SLF 53058 b
any known alias, date of birth, physical characteristics,
commitment offense and county where conviction was imposed. The
identification information shall be placed on the website
within 3 days of the inmate's release and the information may
not be removed until either: completion of the first year of
mandatory supervised release or return of the inmate to custody
of the Department.
(b) Whenever a person is or has been committed under
several convictions, with separate sentences, the sentences
shall be construed under Section 5-8-4 in granting and
forfeiting of sentence credit.
(c) The Department shall prescribe rules and regulations
for revoking sentence credit, including revoking sentence
credit awarded under paragraph (3) of subsection (a) of this
Section. The Department shall prescribe rules and regulations
for suspending or reducing the rate of accumulation of sentence
credit for specific rule violations, during imprisonment.
These rules and regulations shall provide that no inmate may be
penalized more than one year of sentence credit for any one
infraction.
When the Department seeks to revoke, suspend or reduce the
rate of accumulation of any sentence credits for an alleged
infraction of its rules, it shall bring charges therefor
against the prisoner sought to be so deprived of sentence
credits before the Prisoner Review Board as provided in
subparagraph (a)(4) of Section 3-3-2 of this Code, if the

SB1971 - 131 - LRB101 08001 SLF 53058 b
amount of credit at issue exceeds 30 days or when during any 12
month period, the cumulative amount of credit revoked exceeds
30 days except where the infraction is committed or discovered
within 60 days of scheduled release. In those cases, the
Department of Corrections may revoke up to 30 days of sentence
credit. The Board may subsequently approve the revocation of
additional sentence credit, if the Department seeks to revoke
sentence credit in excess of 30 days. However, the Board shall
not be empowered to review the Department's decision with
respect to the loss of 30 days of sentence credit within any
calendar year for any prisoner or to increase any penalty
beyond the length requested by the Department.
The Director of the Department of Corrections, in
appropriate cases, may restore up to 30 days of sentence
credits which have been revoked, suspended or reduced. Any
restoration of sentence credits in excess of 30 days shall be
subject to review by the Prisoner Review Board. However, the
Board may not restore sentence credit in excess of the amount
requested by the Director.
Nothing contained in this Section shall prohibit the
Prisoner Review Board from ordering, pursuant to Section
3-3-9(a)(3)(i)(B), that a prisoner serve up to one year of the
sentence imposed by the court that was not served due to the
accumulation of sentence credit.
(d) If a lawsuit is filed by a prisoner in an Illinois or
federal court against the State, the Department of Corrections,

SB1971 - 132 - LRB101 08001 SLF 53058 b
or the Prisoner Review Board, or against any of their officers
or employees, and the court makes a specific finding that a
pleading, motion, or other paper filed by the prisoner is
frivolous, the Department of Corrections shall conduct a
hearing to revoke up to 180 days of sentence credit by bringing
charges against the prisoner sought to be deprived of the
sentence credits before the Prisoner Review Board as provided
in subparagraph (a)(8) of Section 3-3-2 of this Code. If the
prisoner has not accumulated 180 days of sentence credit at the
time of the finding, then the Prisoner Review Board may revoke
all sentence credit accumulated by the prisoner.
For purposes of this subsection (d):
(1) "Frivolous" means that a pleading, motion, or other
filing which purports to be a legal document filed by a
prisoner in his or her lawsuit meets any or all of the
following criteria:
(A) it lacks an arguable basis either in law or in
fact;
(B) it is being presented for any improper purpose,
such as to harass or to cause unnecessary delay or
needless increase in the cost of litigation;
(C) the claims, defenses, and other legal
contentions therein are not warranted by existing law
or by a nonfrivolous argument for the extension,
modification, or reversal of existing law or the
establishment of new law;

SB1971 - 133 - LRB101 08001 SLF 53058 b
(D) the allegations and other factual contentions
do not have evidentiary support or, if specifically so
identified, are not likely to have evidentiary support
after a reasonable opportunity for further
investigation or discovery; or
(E) the denials of factual contentions are not
warranted on the evidence, or if specifically so
identified, are not reasonably based on a lack of
information or belief.
(2) "Lawsuit" means a motion pursuant to Section 116-3
of the Code of Criminal Procedure of 1963, a habeas corpus
action under Article X of the Code of Civil Procedure or
under federal law (28 U.S.C. 2254), a petition for claim
under the Court of Claims Act, an action under the federal
Civil Rights Act (42 U.S.C. 1983), or a second or
subsequent petition for post-conviction relief under
Article 122 of the Code of Criminal Procedure of 1963
whether filed with or without leave of court or a second or
subsequent petition for relief from judgment under Section
2-1401 of the Code of Civil Procedure.
(e) Nothing in Public Act 90-592 or 90-593 affects the
validity of Public Act 89-404.
(f) Whenever the Department is to release any inmate who
has been convicted of a violation of an order of protection
under Section 12-3.4 or 12-30 of the Criminal Code of 1961 or
the Criminal Code of 2012, earlier than it otherwise would

SB1971 - 134 - LRB101 08001 SLF 53058 b
because of a grant of sentence credit, the Department, as a
condition of release, shall require that the person, upon
release, be placed under electronic surveillance as provided in
Section 5-8A-7 of this Code.
(g) The changes made to this Section by this amendatory Act
of the 101st General Assembly apply to prisoners sentenced
before the effective date of this amendatory Act of the 101st
General Assembly for their serving sentences of imprisonment on
or after the effective date of this amendatory Act of the 101st
General Assembly and to prisoners sentenced on or after the
effective date of this amendatory Act of the 101st General
Assembly. Nothing in this amendatory Act of the 101st General
Assembly shall be construed to permit the award of any
additional sentence credit provided in this amendatory Act of
the 101st General Assembly for any service of imprisonment
before the effective date of this amendatory Act of the 101st
General Assembly.
(Source: P.A. 99-241, eff. 1-1-16; 99-275, eff. 1-1-16; 99-642,
eff. 7-28-16; 99-938, eff. 1-1-18; 100-3, eff. 1-1-18; 100-575,
eff. 1-8-18.)
(730 ILCS 5/5-4-1) (from Ch. 38, par. 1005-4-1)
Sec. 5-4-1. Sentencing hearing.
(a) Except when the death penalty is sought under hearing
procedures otherwise specified, after a determination of
guilt, a hearing shall be held to impose the sentence. However,

SB1971 - 135 - LRB101 08001 SLF 53058 b
prior to the imposition of sentence on an individual being
sentenced for an offense based upon a charge for a violation of
Section 11-501 of the Illinois Vehicle Code or a similar
provision of a local ordinance, the individual must undergo a
professional evaluation to determine if an alcohol or other
drug abuse problem exists and the extent of such a problem.
Programs conducting these evaluations shall be licensed by the
Department of Human Services. However, if the individual is not
a resident of Illinois, the court may, in its discretion,
accept an evaluation from a program in the state of such
individual's residence. The court may in its sentencing order
approve an eligible defendant for placement in a Department of
Corrections impact incarceration program as provided in
Section 5-8-1.1 or 5-8-1.3. The court may in its sentencing
order recommend a defendant for placement in a Department of
Corrections substance abuse treatment program as provided in
paragraph (a) of subsection (1) of Section 3-2-2 conditioned
upon the defendant being accepted in a program by the
Department of Corrections. At the hearing the court shall:
(1) consider the evidence, if any, received upon the
trial;
(2) consider any presentence reports;
(3) consider the financial impact of incarceration
based on the financial impact statement filed with the
clerk of the court by the Department of Corrections;
(4) consider evidence and information offered by the

SB1971 - 136 - LRB101 08001 SLF 53058 b
parties in aggravation and mitigation;
(4.5) consider substance abuse treatment, eligibility
screening, and an assessment, if any, of the defendant by
an agent designated by the State of Illinois to provide
assessment services for the Illinois courts;
(5) hear arguments as to sentencing alternatives;
(6) afford the defendant the opportunity to make a
statement in his own behalf;
(7) afford the victim of a violent crime or a violation
of Section 11-501 of the Illinois Vehicle Code, or a
similar provision of a local ordinance, the opportunity to
present an oral or written statement, as guaranteed by
Article I, Section 8.1 of the Illinois Constitution and
provided in Section 6 of the Rights of Crime Victims and
Witnesses Act. The court shall allow a victim to make an
oral statement if the victim is present in the courtroom
and requests to make an oral or written statement. An oral
or written statement includes the victim or a
representative of the victim reading the written
statement. The court may allow persons impacted by the
crime who are not victims under subsection (a) of Section 3
of the Rights of Crime Victims and Witnesses Act to present
an oral or written statement. A victim and any person
making an oral statement shall not be put under oath or
subject to cross-examination. All statements offered under
this paragraph (7) shall become part of the record of the

SB1971 - 137 - LRB101 08001 SLF 53058 b
court. In this paragraph (7), "victim of a violent crime"
means a person who is a victim of a violent crime for which
the defendant has been convicted after a bench or jury
trial or a person who is the victim of a violent crime with
which the defendant was charged and the defendant has been
convicted under a plea agreement of a crime that is not a
violent crime as defined in subsection (c) of 3 of the
Rights of Crime Victims and Witnesses Act;
(7.5) afford a qualified person affected by: (i) a
violation of Section 405, 405.1, 405.2, or 407 of the
Illinois Controlled Substances Act or a violation of
Section 55 or Section 65 of the Methamphetamine Control and
Community Protection Act; or (ii) a Class 4 felony
violation of Section 11-14, 11-14.3 except as described in
subdivisions (a)(2)(A) and (a)(2)(B), 11-15, 11-17, 11-18,
11-18.1, or 11-19 of the Criminal Code of 1961 or the
Criminal Code of 2012, committed by the defendant the
opportunity to make a statement concerning the impact on
the qualified person and to offer evidence in aggravation
or mitigation; provided that the statement and evidence
offered in aggravation or mitigation shall first be
prepared in writing in conjunction with the State's
Attorney before it may be presented orally at the hearing.
Sworn testimony offered by the qualified person is subject
to the defendant's right to cross-examine. All statements
and evidence offered under this paragraph (7.5) shall

SB1971 - 138 - LRB101 08001 SLF 53058 b
become part of the record of the court. In this paragraph
(7.5), "qualified person" means any person who: (i) lived
or worked within the territorial jurisdiction where the
offense took place when the offense took place; or (ii) is
familiar with various public places within the territorial
jurisdiction where the offense took place when the offense
took place. "Qualified person" includes any peace officer
or any member of any duly organized State, county, or
municipal peace officer unit assigned to the territorial
jurisdiction where the offense took place when the offense
took place;
(8) in cases of reckless homicide afford the victim's
spouse, guardians, parents or other immediate family
members an opportunity to make oral statements;
(9) in cases involving a felony sex offense as defined
under the Sex Offender Management Board Act, consider the
results of the sex offender evaluation conducted pursuant
to Section 5-3-2 of this Act; and
(10) make a finding of whether a motor vehicle was used
in the commission of the offense for which the defendant is
being sentenced.
(b) All sentences shall be imposed by the judge based upon
his independent assessment of the elements specified above and
any agreement as to sentence reached by the parties. The judge
who presided at the trial or the judge who accepted the plea of
guilty shall impose the sentence unless he is no longer sitting

SB1971 - 139 - LRB101 08001 SLF 53058 b
as a judge in that court. Where the judge does not impose
sentence at the same time on all defendants who are convicted
as a result of being involved in the same offense, the
defendant or the State's Attorney may advise the sentencing
court of the disposition of any other defendants who have been
sentenced.
(b-1) In imposing a sentence of imprisonment or periodic
imprisonment for a Class 3 or Class 4 felony for which a
sentence of probation or conditional discharge is an available
sentence, if the defendant has no prior sentence of probation
or conditional discharge and no prior conviction for a violent
crime, the defendant shall not be sentenced to imprisonment
before review and consideration of a presentence report and
determination and explanation of why the particular evidence,
information, factor in aggravation, factual finding, or other
reasons support a sentencing determination that one or more of
the factors under subsection (a) of Section 5-6-1 of this Code
apply and that probation or conditional discharge is not an
appropriate sentence.
(c) In imposing a sentence for a violent crime or for an
offense of operating or being in physical control of a vehicle
while under the influence of alcohol, any other drug or any
combination thereof, or a similar provision of a local
ordinance, when such offense resulted in the personal injury to
someone other than the defendant, the trial judge shall specify
on the record the particular evidence, information, factors in

SB1971 - 140 - LRB101 08001 SLF 53058 b
mitigation and aggravation or other reasons that led to his
sentencing determination. The full verbatim record of the
sentencing hearing shall be filed with the clerk of the court
and shall be a public record.
(c-1) In imposing a sentence for the offense of aggravated
kidnapping for ransom, home invasion, armed robbery,
aggravated vehicular hijacking, aggravated discharge of a
firearm, or armed violence with a category I weapon or category
II weapon, the trial judge shall make a finding as to whether
the conduct leading to conviction for the offense resulted in
great bodily harm to a victim, and shall enter that finding and
the basis for that finding in the record.
(c-2) If the defendant is sentenced to prison, other than
when a sentence of natural life imprisonment or a sentence of
death is imposed, at the time the sentence is imposed the judge
shall state on the record in open court the approximate period
of time the defendant will serve in custody according to the
then current statutory rules and regulations for sentence
credit found in Section 3-6-3 and other related provisions of
this Code. This statement is intended solely to inform the
public, has no legal effect on the defendant's actual release,
and may not be relied on by the defendant on appeal.
The judge's statement, to be given after pronouncing the
sentence, other than when the sentence is imposed for one of
the offenses enumerated in paragraph (a)(4) of Section 3-6-3,
shall include the following:

SB1971 - 141 - LRB101 08001 SLF 53058 b
"The purpose of this statement is to inform the public of
the actual period of time this defendant is likely to spend in
prison as a result of this sentence. The actual period of
prison time served is determined by the statutes of Illinois as
applied to this sentence by the Illinois Department of
Corrections and the Illinois Prisoner Review Board. In this
case, assuming the defendant receives all of his or her
sentence credit, the period of estimated actual custody is ...
years and ... months, less up to 180 days additional earned
sentence credit. If the defendant, because of his or her own
misconduct or failure to comply with the institutional
regulations, does not receive those credits, the actual time
served in prison will be longer. The defendant may also receive
an additional one-half day sentence credit for each day of
participation in vocational, industry, substance abuse, and
educational programs as provided for by Illinois statute."
When the sentence is imposed for one of the offenses
enumerated in paragraph (a)(2) of Section 3-6-3, other than
first degree murder, and the offense was committed on or after
June 19, 1998, and when the sentence is imposed for reckless
homicide as defined in subsection (e) of Section 9-3 of the
Criminal Code of 1961 or the Criminal Code of 2012 if the
offense was committed on or after January 1, 1999, and when the
sentence is imposed for aggravated driving under the influence
of alcohol, other drug or drugs, or intoxicating compound or
compounds, or any combination thereof as defined in

SB1971 - 142 - LRB101 08001 SLF 53058 b
subparagraph (F) of paragraph (1) of subsection (d) of Section
11-501 of the Illinois Vehicle Code, and when the sentence is
imposed for aggravated arson if the offense was committed on or
after July 27, 2001 (the effective date of Public Act 92-176),
and when the sentence is imposed for aggravated driving under
the influence of alcohol, other drug or drugs, or intoxicating
compound or compounds, or any combination thereof as defined in
subparagraph (C) of paragraph (1) of subsection (d) of Section
11-501 of the Illinois Vehicle Code committed on or after
January 1, 2011 (the effective date of Public Act 96-1230), the
judge's statement, to be given after pronouncing the sentence,
shall include the following:
"The purpose of this statement is to inform the public of
the actual period of time this defendant is likely to spend in
prison as a result of this sentence. The actual period of
prison time served is determined by the statutes of Illinois as
applied to this sentence by the Illinois Department of
Corrections and the Illinois Prisoner Review Board. In this
case, the defendant is entitled to no more than 4 1/2 days of
sentence credit for each month of his or her sentence of
imprisonment. Therefore, this defendant will serve at least 85%
of his or her sentence. Assuming the defendant receives 4 1/2
days credit for each month of his or her sentence, the period
of estimated actual custody is ... years and ... months. If the
defendant, because of his or her own misconduct or failure to
comply with the institutional regulations receives lesser

SB1971 - 143 - LRB101 08001 SLF 53058 b
credit, the actual time served in prison will be longer."
When a sentence of imprisonment is imposed for first degree
murder and the offense was committed on or after June 19, 1998,
the judge's statement, to be given after pronouncing the
sentence, shall include the following:
"The purpose of this statement is to inform the public of
the actual period of time this defendant is likely to spend in
prison as a result of this sentence. The actual period of
prison time served is determined by the statutes of Illinois as
applied to this sentence by the Illinois Department of
Corrections and the Illinois Prisoner Review Board. In this
case, the defendant is not entitled to sentence credit.
Therefore, this defendant will serve 100% of his or her
sentence."
When the sentencing order recommends placement in a
substance abuse program for any offense that results in
incarceration in a Department of Corrections facility and the
crime was committed on or after September 1, 2003 (the
effective date of Public Act 93-354), the judge's statement, in
addition to any other judge's statement required under this
Section, to be given after pronouncing the sentence, shall
include the following:
"The purpose of this statement is to inform the public of
the actual period of time this defendant is likely to spend in
prison as a result of this sentence. The actual period of
prison time served is determined by the statutes of Illinois as

SB1971 - 144 - LRB101 08001 SLF 53058 b
applied to this sentence by the Illinois Department of
Corrections and the Illinois Prisoner Review Board. In this
case, the defendant shall receive no earned sentence credit
under clause (3) of subsection (a) of Section 3-6-3 until he or
she participates in and completes a substance abuse treatment
program or receives a waiver from the Director of Corrections
pursuant to clause (4.5) of subsection (a) of Section 3-6-3."
(c-4) Before the sentencing hearing and as part of the
presentence investigation under Section 5-3-1, the court shall
inquire of the defendant whether the defendant is currently
serving in or is a veteran of the Armed Forces of the United
States. If the defendant is currently serving in the Armed
Forces of the United States or is a veteran of the Armed Forces
of the United States and has been diagnosed as having a mental
illness by a qualified psychiatrist or clinical psychologist or
physician, the court may:
(1) order that the officer preparing the presentence
report consult with the United States Department of
Veterans Affairs, Illinois Department of Veterans'
Affairs, or another agency or person with suitable
knowledge or experience for the purpose of providing the
court with information regarding treatment options
available to the defendant, including federal, State, and
local programming; and
(2) consider the treatment recommendations of any
diagnosing or treating mental health professionals

SB1971 - 145 - LRB101 08001 SLF 53058 b
together with the treatment options available to the
defendant in imposing sentence.
For the purposes of this subsection (c-4), "qualified
psychiatrist" means a reputable physician licensed in Illinois
to practice medicine in all its branches, who has specialized
in the diagnosis and treatment of mental and nervous disorders
for a period of not less than 5 years.
(c-6) In imposing a sentence, the trial judge shall
specify, on the record, the particular evidence and other
reasons which led to his or her determination that a motor
vehicle was used in the commission of the offense.
(c-7) In imposing a sentence for a Class 3 or 4 felony,
other than a violent crime as defined in Section 3 of the
Rights of Crime Victims and Witnesses Act, the court shall
determine and indicate in the sentencing order whether the
defendant has 4 or more or fewer than 4 months remaining on his
or her sentence accounting for time served.
(d) When the defendant is committed to the Department of
Corrections, the State's Attorney shall and counsel for the
defendant may file a statement with the clerk of the court to
be transmitted to the department, agency or institution to
which the defendant is committed to furnish such department,
agency or institution with the facts and circumstances of the
offense for which the person was committed together with all
other factual information accessible to them in regard to the
person prior to his commitment relative to his habits,

SB1971 - 146 - LRB101 08001 SLF 53058 b
associates, disposition and reputation and any other facts and
circumstances which may aid such department, agency or
institution during its custody of such person. The clerk shall
within 10 days after receiving any such statements transmit a
copy to such department, agency or institution and a copy to
the other party, provided, however, that this shall not be
cause for delay in conveying the person to the department,
agency or institution to which he has been committed.
(e) The clerk of the court shall transmit to the
department, agency or institution, if any, to which the
defendant is committed, the following:
(1) the sentence imposed;
(2) any statement by the court of the basis for
imposing the sentence;
(3) any presentence reports;
(3.5) any sex offender evaluations;
(3.6) any substance abuse treatment eligibility
screening and assessment of the defendant by an agent
designated by the State of Illinois to provide assessment
services for the Illinois courts;
(4) the number of days, if any, which the defendant has
been in custody and for which he is entitled to credit
against the sentence, which information shall be provided
to the clerk by the sheriff;
(4.1) any finding of great bodily harm made by the
court with respect to an offense enumerated in subsection

SB1971 - 147 - LRB101 08001 SLF 53058 b
(c-1);
(5) all statements filed under subsection (d) of this
Section;
(6) any medical or mental health records or summaries
of the defendant;
(7) the municipality where the arrest of the offender
or the commission of the offense has occurred, where such
municipality has a population of more than 25,000 persons;
(8) all statements made and evidence offered under
paragraph (7) of subsection (a) of this Section; and
(9) all additional matters which the court directs the
clerk to transmit.
(f) In cases in which the court finds that a motor vehicle
was used in the commission of the offense for which the
defendant is being sentenced, the clerk of the court shall,
within 5 days thereafter, forward a report of such conviction
to the Secretary of State.
(Source: P.A. 99-861, eff. 1-1-17; 99-938, eff. 1-1-18;
100-961, eff. 1-1-19; revised 10-3-18.)
(730 ILCS 5/5-4.5-95)
Sec. 5-4.5-95. GENERAL RECIDIVISM PROVISIONS.
(a) HABITUAL CRIMINALS.
(1) Every person who has been twice convicted in any
state or federal court of an offense that contains the same
elements as an offense now (the date of the offense

SB1971 - 148 - LRB101 08001 SLF 53058 b
committed after the 2 prior convictions) classified in
Illinois as a Class X felony, criminal sexual assault,
aggravated kidnapping, or first degree murder, and who is
thereafter convicted of a Class X felony, criminal sexual
assault, or first degree murder, committed after the 2
prior convictions, shall be adjudged an habitual criminal.
(2) The 2 prior convictions need not have been for the
same offense.
(3) Any convictions that result from or are connected
with the same transaction, or result from offenses
committed at the same time, shall be counted for the
purposes of this Section as one conviction.
(4) This Section does not apply unless each of the
following requirements are satisfied:
(A) The third offense was committed after July 3,
1980.
(B) The third offense was committed within 20 years
of the date that judgment was entered on the first
conviction; provided, however, that time spent in
custody shall not be counted.
(C) The third offense was committed after
conviction on the second offense.
(D) The second offense was committed after
conviction on the first offense.
(5) Anyone who, having attained the age of 18 at the
time of the third offense, is adjudged an habitual criminal

SB1971 - 149 - LRB101 08001 SLF 53058 b
shall be sentenced to a term of natural life imprisonment.
(6) A prior conviction shall not be alleged in the
indictment, and no evidence or other disclosure of that
conviction shall be presented to the court or the jury
during the trial of an offense set forth in this Section
unless otherwise permitted by the issues properly raised in
that trial. After a plea or verdict or finding of guilty
and before sentence is imposed, the prosecutor may file
with the court a verified written statement signed by the
State's Attorney concerning any former conviction of an
offense set forth in this Section rendered against the
defendant. The court shall then cause the defendant to be
brought before it; shall inform the defendant of the
allegations of the statement so filed, and of his or her
right to a hearing before the court on the issue of that
former conviction and of his or her right to counsel at
that hearing; and unless the defendant admits such
conviction, shall hear and determine the issue, and shall
make a written finding thereon. If a sentence has
previously been imposed, the court may vacate that sentence
and impose a new sentence in accordance with this Section.
(7) A duly authenticated copy of the record of any
alleged former conviction of an offense set forth in this
Section shall be prima facie evidence of that former
conviction; and a duly authenticated copy of the record of
the defendant's final release or discharge from probation

SB1971 - 150 - LRB101 08001 SLF 53058 b
granted, or from sentence and parole supervision (if any)
imposed pursuant to that former conviction, shall be prima
facie evidence of that release or discharge.
(8) Any claim that a previous conviction offered by the
prosecution is not a former conviction of an offense set
forth in this Section because of the existence of any
exceptions described in this Section, is waived unless duly
raised at the hearing on that conviction, or unless the
prosecution's proof shows the existence of the exceptions
described in this Section.
(9) If the person so convicted shows to the
satisfaction of the court before whom that conviction was
had that he or she was released from imprisonment, upon
either of the sentences upon a pardon granted for the
reason that he or she was innocent, that conviction and
sentence shall not be considered under this Section.
(10) This subsection (a) does not apply to a violation
of the Cannabis Control Act, the Illinois Controlled
Substances Act, or the Methamphetamine Control and
Community Protection Act.
(b) When a defendant, over the age of 21 years, is
convicted of a Class 1 or Class 2 felony that is a forcible
felony as defined in Section 2-8 of the Criminal Code of 2012,
except for an offense listed in subsection (c) of this Section,
after having twice been convicted in any state or federal court
of an offense that contains the same elements as an offense now

SB1971 - 151 - LRB101 08001 SLF 53058 b
(the date the Class 1 or Class 2 forcible felony was committed)
classified in Illinois as a Class 2 or greater Class felony
that is a forcible felony as defined in Section 2-8 of the
Criminal Code of 2012, except for an offense listed in
subsection (c) of this Section, and those charges are
separately brought and tried and arise out of different series
of acts, that defendant shall be sentenced as a Class X
offender. This subsection does not apply unless:
(1) the first felony was committed after February 1,
1978 (the effective date of Public Act 80-1099);
(2) the second felony was committed after conviction on
the first; and
(3) the third felony was committed after conviction on
the second.
This subsection (b) does not apply to a violation of the
Cannabis Control Act, the Illinois Controlled Substances Act,
or the Methamphetamine Control and Community Protection Act.
(c) Subsection (b) of this Section does not apply to Class
1 or Class 2 felony convictions for a violation of Section 16-1
of the Criminal Code of 2012.
A person sentenced as a Class X offender under this
subsection (b) is not eligible to apply for treatment as a
condition of probation as provided by Section 40-10 of the
Substance Use Disorder Act (20 ILCS 301/40-10).
(Source: P.A. 99-69, eff. 1-1-16; 100-3, eff. 1-1-18; 100-759,
eff. 1-1-19.)

SB1971 - 152 - LRB101 08001 SLF 53058 b
(730 ILCS 5/5-5-3)
(Text of Section before amendment by P.A. 100-987)
Sec. 5-5-3. Disposition.
(a) (Blank).
(b) (Blank).
(c) (1) (Blank).
(2) A period of probation, a term of periodic imprisonment
or conditional discharge shall not be imposed for the following
offenses. The court shall sentence the offender to not less
than the minimum term of imprisonment set forth in this Code
for the following offenses, and may order a fine or restitution
or both in conjunction with such term of imprisonment:
(A) First degree murder where the death penalty is not
imposed.
(B) Attempted first degree murder.
(C) A Class X felony.
(D) A violation of Section 401.1 or 407 of the Illinois
Controlled Substances Act, or a violation of subdivision
(c)(1.5) of Section 401 of that Act which relates to more
than 5 grams of a substance containing fentanyl or an
analog thereof.
(D-5) A violation of subdivision (c)(1) of Section 401
of the Illinois Controlled Substances Act which relates to
3 or more grams of a substance containing heroin or an
analog thereof.

SB1971 - 153 - LRB101 08001 SLF 53058 b
(E) (Blank).
(F) A Class 1 or greater felony if the offender had
been convicted of a Class 1 or greater felony, including
any state or federal conviction for an offense that
contained, at the time it was committed, the same elements
as an offense now (the date of the offense committed after
the prior Class 1 or greater felony) classified as a Class
1 or greater felony, within 10 years of the date on which
the offender committed the offense for which he or she is
being sentenced, except as otherwise provided in Section
40-10 of the Substance Use Disorder Act.
(F-3) A Class 2 or greater felony sex offense or felony
firearm offense if the offender had been convicted of a
Class 2 or greater felony, including any state or federal
conviction for an offense that contained, at the time it
was committed, the same elements as an offense now (the
date of the offense committed after the prior Class 2 or
greater felony) classified as a Class 2 or greater felony,
within 10 years of the date on which the offender committed
the offense for which he or she is being sentenced, except
as otherwise provided in Section 40-10 of the Substance Use
Disorder Act.
(F-5) A violation of Section 24-1, 24-1.1, or 24-1.6 of
the Criminal Code of 1961 or the Criminal Code of 2012 for
which imprisonment is prescribed in those Sections.
(G) Residential burglary, except as otherwise provided

SB1971 - 154 - LRB101 08001 SLF 53058 b
in Section 40-10 of the Substance Use Disorder Act.
(H) Criminal sexual assault.
(I) Aggravated battery of a senior citizen as described
in Section 12-4.6 or subdivision (a)(4) of Section 12-3.05
of the Criminal Code of 1961 or the Criminal Code of 2012.
(J) A forcible felony if the offense was related to the
activities of an organized gang.
Before July 1, 1994, for the purposes of this
paragraph, "organized gang" means an association of 5 or
more persons, with an established hierarchy, that
encourages members of the association to perpetrate crimes
or provides support to the members of the association who
do commit crimes.
Beginning July 1, 1994, for the purposes of this
paragraph, "organized gang" has the meaning ascribed to it
in Section 10 of the Illinois Streetgang Terrorism Omnibus
Prevention Act.
(K) Vehicular hijacking.
(L) A second or subsequent conviction for the offense
of hate crime when the underlying offense upon which the
hate crime is based is felony aggravated assault or felony
mob action.
(M) A second or subsequent conviction for the offense
of institutional vandalism if the damage to the property
exceeds $300.
(N) A Class 3 felony violation of paragraph (1) of

SB1971 - 155 - LRB101 08001 SLF 53058 b
subsection (a) of Section 2 of the Firearm Owners
Identification Card Act.
(O) A violation of Section 12-6.1 or 12-6.5 of the
Criminal Code of 1961 or the Criminal Code of 2012.
(P) A violation of paragraph (1), (2), (3), (4), (5),
or (7) of subsection (a) of Section 11-20.1 of the Criminal
Code of 1961 or the Criminal Code of 2012.
(Q) A violation of subsection (b) or (b-5) of Section
20-1, Section 20-1.2, or Section 20-1.3 of the Criminal
Code of 1961 or the Criminal Code of 2012.
(R) A violation of Section 24-3A of the Criminal Code
of 1961 or the Criminal Code of 2012.
(S) (Blank).
(T) (Blank).
(U) A second or subsequent violation of Section 6-303
of the Illinois Vehicle Code committed while his or her
driver's license, permit, or privilege was revoked because
of a violation of Section 9-3 of the Criminal Code of 1961
or the Criminal Code of 2012, relating to the offense of
reckless homicide, or a similar provision of a law of
another state.
(V) A violation of paragraph (4) of subsection (c) of
Section 11-20.1B or paragraph (4) of subsection (c) of
Section 11-20.3 of the Criminal Code of 1961, or paragraph
(6) of subsection (a) of Section 11-20.1 of the Criminal
Code of 2012 when the victim is under 13 years of age and

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the defendant has previously been convicted under the laws
of this State or any other state of the offense of child
pornography, aggravated child pornography, aggravated
criminal sexual abuse, aggravated criminal sexual assault,
predatory criminal sexual assault of a child, or any of the
offenses formerly known as rape, deviate sexual assault,
indecent liberties with a child, or aggravated indecent
liberties with a child where the victim was under the age
of 18 years or an offense that is substantially equivalent
to those offenses.
(W) A violation of Section 24-3.5 of the Criminal Code
of 1961 or the Criminal Code of 2012.
(X) A violation of subsection (a) of Section 31-1a of
the Criminal Code of 1961 or the Criminal Code of 2012.
(Y) A conviction for unlawful possession of a firearm
by a street gang member when the firearm was loaded or
contained firearm ammunition.
(Z) A Class 1 felony committed while he or she was
serving a term of probation or conditional discharge for a
felony.
(AA) Theft of property exceeding $500,000 and not
exceeding $1,000,000 in value.
(BB) Laundering of criminally derived property of a
value exceeding $500,000.
(CC) Knowingly selling, offering for sale, holding for
sale, or using 2,000 or more counterfeit items or

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counterfeit items having a retail value in the aggregate of
$500,000 or more.
(DD) A conviction for aggravated assault under
paragraph (6) of subsection (c) of Section 12-2 of the
Criminal Code of 1961 or the Criminal Code of 2012 if the
firearm is aimed toward the person against whom the firearm
is being used.
(EE) A conviction for a violation of paragraph (2) of
subsection (a) of Section 24-3B of the Criminal Code of
2012.
(3) (Blank).
(4) A minimum term of imprisonment of not less than 10
consecutive days or 30 days of community service shall be
imposed for a violation of paragraph (c) of Section 6-303 of
the Illinois Vehicle Code.
(4.1) (Blank).
(4.2) Except as provided in paragraphs (4.3) and (4.8) of
this subsection (c), a minimum of 100 hours of community
service shall be imposed for a second violation of Section
6-303 of the Illinois Vehicle Code.
(4.3) A minimum term of imprisonment of 30 days or 300
hours of community service, as determined by the court, shall
be imposed for a second violation of subsection (c) of Section
6-303 of the Illinois Vehicle Code.
(4.4) Except as provided in paragraphs (4.5), (4.6), and
(4.9) of this subsection (c), a minimum term of imprisonment of

SB1971 - 158 - LRB101 08001 SLF 53058 b
30 days or 300 hours of community service, as determined by the
court, shall be imposed for a third or subsequent violation of
Section 6-303 of the Illinois Vehicle Code. The court may give
credit toward the fulfillment of community service hours for
participation in activities and treatment as determined by
court services.
(4.5) A minimum term of imprisonment of 30 days shall be
imposed for a third violation of subsection (c) of Section
6-303 of the Illinois Vehicle Code.
(4.6) Except as provided in paragraph (4.10) of this
subsection (c), a minimum term of imprisonment of 180 days
shall be imposed for a fourth or subsequent violation of
subsection (c) of Section 6-303 of the Illinois Vehicle Code.
(4.7) A minimum term of imprisonment of not less than 30
consecutive days, or 300 hours of community service, shall be
imposed for a violation of subsection (a-5) of Section 6-303 of
the Illinois Vehicle Code, as provided in subsection (b-5) of
that Section.
(4.8) A mandatory prison sentence shall be imposed for a
second violation of subsection (a-5) of Section 6-303 of the
Illinois Vehicle Code, as provided in subsection (c-5) of that
Section. The person's driving privileges shall be revoked for a
period of not less than 5 years from the date of his or her
release from prison.
(4.9) A mandatory prison sentence of not less than 4 and
not more than 15 years shall be imposed for a third violation

SB1971 - 159 - LRB101 08001 SLF 53058 b
of subsection (a-5) of Section 6-303 of the Illinois Vehicle
Code, as provided in subsection (d-2.5) of that Section. The
person's driving privileges shall be revoked for the remainder
of his or her life.
(4.10) A mandatory prison sentence for a Class 1 felony
shall be imposed, and the person shall be eligible for an
extended term sentence, for a fourth or subsequent violation of
subsection (a-5) of Section 6-303 of the Illinois Vehicle Code,
as provided in subsection (d-3.5) of that Section. The person's
driving privileges shall be revoked for the remainder of his or
her life.
(5) The court may sentence a corporation or unincorporated
association convicted of any offense to:
(A) a period of conditional discharge;
(B) a fine;
(C) make restitution to the victim under Section 5-5-6
of this Code.
(5.1) In addition to any other penalties imposed, and
except as provided in paragraph (5.2) or (5.3), a person
convicted of violating subsection (c) of Section 11-907 of the
Illinois Vehicle Code shall have his or her driver's license,
permit, or privileges suspended for at least 90 days but not
more than one year, if the violation resulted in damage to the
property of another person.
(5.2) In addition to any other penalties imposed, and
except as provided in paragraph (5.3), a person convicted of

SB1971 - 160 - LRB101 08001 SLF 53058 b
violating subsection (c) of Section 11-907 of the Illinois
Vehicle Code shall have his or her driver's license, permit, or
privileges suspended for at least 180 days but not more than 2
years, if the violation resulted in injury to another person.
(5.3) In addition to any other penalties imposed, a person
convicted of violating subsection (c) of Section 11-907 of the
Illinois Vehicle Code shall have his or her driver's license,
permit, or privileges suspended for 2 years, if the violation
resulted in the death of another person.
(5.4) In addition to any other penalties imposed, a person
convicted of violating Section 3-707 of the Illinois Vehicle
Code shall have his or her driver's license, permit, or
privileges suspended for 3 months and until he or she has paid
a reinstatement fee of $100.
(5.5) In addition to any other penalties imposed, a person
convicted of violating Section 3-707 of the Illinois Vehicle
Code during a period in which his or her driver's license,
permit, or privileges were suspended for a previous violation
of that Section shall have his or her driver's license, permit,
or privileges suspended for an additional 6 months after the
expiration of the original 3-month suspension and until he or
she has paid a reinstatement fee of $100.
(6) (Blank).
(7) (Blank).
(8) (Blank).
(9) A defendant convicted of a second or subsequent offense

SB1971 - 161 - LRB101 08001 SLF 53058 b
of ritualized abuse of a child may be sentenced to a term of
natural life imprisonment.
(10) (Blank).
(11) The court shall impose a minimum fine of $1,000 for a
first offense and $2,000 for a second or subsequent offense
upon a person convicted of or placed on supervision for battery
when the individual harmed was a sports official or coach at
any level of competition and the act causing harm to the sports
official or coach occurred within an athletic facility or
within the immediate vicinity of the athletic facility at which
the sports official or coach was an active participant of the
athletic contest held at the athletic facility. For the
purposes of this paragraph (11), "sports official" means a
person at an athletic contest who enforces the rules of the
contest, such as an umpire or referee; "athletic facility"
means an indoor or outdoor playing field or recreational area
where sports activities are conducted; and "coach" means a
person recognized as a coach by the sanctioning authority that
conducted the sporting event.
(12) A person may not receive a disposition of court
supervision for a violation of Section 5-16 of the Boat
Registration and Safety Act if that person has previously
received a disposition of court supervision for a violation of
that Section.
(13) A person convicted of or placed on court supervision
for an assault or aggravated assault when the victim and the

SB1971 - 162 - LRB101 08001 SLF 53058 b
offender are family or household members as defined in Section
103 of the Illinois Domestic Violence Act of 1986 or convicted
of domestic battery or aggravated domestic battery may be
required to attend a Partner Abuse Intervention Program under
protocols set forth by the Illinois Department of Human
Services under such terms and conditions imposed by the court.
The costs of such classes shall be paid by the offender.
(d) In any case in which a sentence originally imposed is
vacated, the case shall be remanded to the trial court. The
trial court shall hold a hearing under Section 5-4-1 of this
the Unified Code of Corrections which may include evidence of
the defendant's life, moral character and occupation during the
time since the original sentence was passed. The trial court
shall then impose sentence upon the defendant. The trial court
may impose any sentence which could have been imposed at the
original trial subject to Section 5-5-4 of this the Unified
Code of Corrections. If a sentence is vacated on appeal or on
collateral attack due to the failure of the trier of fact at
trial to determine beyond a reasonable doubt the existence of a
fact (other than a prior conviction) necessary to increase the
punishment for the offense beyond the statutory maximum
otherwise applicable, either the defendant may be re-sentenced
to a term within the range otherwise provided or, if the State
files notice of its intention to again seek the extended
sentence, the defendant shall be afforded a new trial.
(e) In cases where prosecution for aggravated criminal

SB1971 - 163 - LRB101 08001 SLF 53058 b
sexual abuse under Section 11-1.60 or 12-16 of the Criminal
Code of 1961 or the Criminal Code of 2012 results in conviction
of a defendant who was a family member of the victim at the
time of the commission of the offense, the court shall consider
the safety and welfare of the victim and may impose a sentence
of probation only where:
(1) the court finds (A) or (B) or both are appropriate:
(A) the defendant is willing to undergo a court
approved counseling program for a minimum duration of 2
years; or
(B) the defendant is willing to participate in a
court approved plan including but not limited to the
defendant's:
(i) removal from the household;
(ii) restricted contact with the victim;
(iii) continued financial support of the
family;
(iv) restitution for harm done to the victim;
and
(v) compliance with any other measures that
the court may deem appropriate; and
(2) the court orders the defendant to pay for the
victim's counseling services, to the extent that the court
finds, after considering the defendant's income and
assets, that the defendant is financially capable of paying
for such services, if the victim was under 18 years of age

SB1971 - 164 - LRB101 08001 SLF 53058 b
at the time the offense was committed and requires
counseling as a result of the offense.
Probation may be revoked or modified pursuant to Section
5-6-4; except where the court determines at the hearing that
the defendant violated a condition of his or her probation
restricting contact with the victim or other family members or
commits another offense with the victim or other family
members, the court shall revoke the defendant's probation and
impose a term of imprisonment.
For the purposes of this Section, "family member" and
"victim" shall have the meanings ascribed to them in Section
11-0.1 of the Criminal Code of 2012.
(f) (Blank).
(g) Whenever a defendant is convicted of an offense under
Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-14,
11-14.3, 11-14.4 except for an offense that involves keeping a
place of juvenile prostitution, 11-15, 11-15.1, 11-16, 11-17,
11-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 12-13, 12-14,
12-14.1, 12-15 or 12-16 of the Criminal Code of 1961 or the
Criminal Code of 2012, the defendant shall undergo medical
testing to determine whether the defendant has any sexually
transmissible disease, including a test for infection with
human immunodeficiency virus (HIV) or any other identified
causative agent of acquired immunodeficiency syndrome (AIDS).
Any such medical test shall be performed only by appropriately
licensed medical practitioners and may include an analysis of

SB1971 - 165 - LRB101 08001 SLF 53058 b
any bodily fluids as well as an examination of the defendant's
person. Except as otherwise provided by law, the results of
such test shall be kept strictly confidential by all medical
personnel involved in the testing and must be personally
delivered in a sealed envelope to the judge of the court in
which the conviction was entered for the judge's inspection in
camera. Acting in accordance with the best interests of the
victim and the public, the judge shall have the discretion to
determine to whom, if anyone, the results of the testing may be
revealed. The court shall notify the defendant of the test
results. The court shall also notify the victim if requested by
the victim, and if the victim is under the age of 15 and if
requested by the victim's parents or legal guardian, the court
shall notify the victim's parents or legal guardian of the test
results. The court shall provide information on the
availability of HIV testing and counseling at Department of
Public Health facilities to all parties to whom the results of
the testing are revealed and shall direct the State's Attorney
to provide the information to the victim when possible. A
State's Attorney may petition the court to obtain the results
of any HIV test administered under this Section, and the court
shall grant the disclosure if the State's Attorney shows it is
relevant in order to prosecute a charge of criminal
transmission of HIV under Section 12-5.01 or 12-16.2 of the
Criminal Code of 1961 or the Criminal Code of 2012 against the
defendant. The court shall order that the cost of any such test

SB1971 - 166 - LRB101 08001 SLF 53058 b
shall be paid by the county and may be taxed as costs against
the convicted defendant.
(g-5) When an inmate is tested for an airborne communicable
disease, as determined by the Illinois Department of Public
Health including but not limited to tuberculosis, the results
of the test shall be personally delivered by the warden or his
or her designee in a sealed envelope to the judge of the court
in which the inmate must appear for the judge's inspection in
camera if requested by the judge. Acting in accordance with the
best interests of those in the courtroom, the judge shall have
the discretion to determine what if any precautions need to be
taken to prevent transmission of the disease in the courtroom.
(h) Whenever a defendant is convicted of an offense under
Section 1 or 2 of the Hypodermic Syringes and Needles Act, the
defendant shall undergo medical testing to determine whether
the defendant has been exposed to human immunodeficiency virus
(HIV) or any other identified causative agent of acquired
immunodeficiency syndrome (AIDS). Except as otherwise provided
by law, the results of such test shall be kept strictly
confidential by all medical personnel involved in the testing
and must be personally delivered in a sealed envelope to the
judge of the court in which the conviction was entered for the
judge's inspection in camera. Acting in accordance with the
best interests of the public, the judge shall have the
discretion to determine to whom, if anyone, the results of the
testing may be revealed. The court shall notify the defendant

SB1971 - 167 - LRB101 08001 SLF 53058 b
of a positive test showing an infection with the human
immunodeficiency virus (HIV). The court shall provide
information on the availability of HIV testing and counseling
at Department of Public Health facilities to all parties to
whom the results of the testing are revealed and shall direct
the State's Attorney to provide the information to the victim
when possible. A State's Attorney may petition the court to
obtain the results of any HIV test administered under this
Section, and the court shall grant the disclosure if the
State's Attorney shows it is relevant in order to prosecute a
charge of criminal transmission of HIV under Section 12-5.01 or
12-16.2 of the Criminal Code of 1961 or the Criminal Code of
2012 against the defendant. The court shall order that the cost
of any such test shall be paid by the county and may be taxed as
costs against the convicted defendant.
(i) All fines and penalties imposed under this Section for
any violation of Chapters 3, 4, 6, and 11 of the Illinois
Vehicle Code, or a similar provision of a local ordinance, and
any violation of the Child Passenger Protection Act, or a
similar provision of a local ordinance, shall be collected and
disbursed by the circuit clerk as provided under Section 27.5
of the Clerks of Courts Act.
(j) In cases when prosecution for any violation of Section
11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-8, 11-9,
11-11, 11-14, 11-14.3, 11-14.4, 11-15, 11-15.1, 11-16, 11-17,
11-17.1, 11-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 11-20.1,

SB1971 - 168 - LRB101 08001 SLF 53058 b
11-20.1B, 11-20.3, 11-21, 11-30, 11-40, 12-13, 12-14, 12-14.1,
12-15, or 12-16 of the Criminal Code of 1961 or the Criminal
Code of 2012, any violation of the Illinois Controlled
Substances Act, any violation of the Cannabis Control Act, or
any violation of the Methamphetamine Control and Community
Protection Act results in conviction, a disposition of court
supervision, or an order of probation granted under Section 10
of the Cannabis Control Act, Section 410 of the Illinois
Controlled Substances Act, or Section 70 of the Methamphetamine
Control and Community Protection Act of a defendant, the court
shall determine whether the defendant is employed by a facility
or center as defined under the Child Care Act of 1969, a public
or private elementary or secondary school, or otherwise works
with children under 18 years of age on a daily basis. When a
defendant is so employed, the court shall order the Clerk of
the Court to send a copy of the judgment of conviction or order
of supervision or probation to the defendant's employer by
certified mail. If the employer of the defendant is a school,
the Clerk of the Court shall direct the mailing of a copy of
the judgment of conviction or order of supervision or probation
to the appropriate regional superintendent of schools. The
regional superintendent of schools shall notify the State Board
of Education of any notification under this subsection.
(j-5) A defendant at least 17 years of age who is convicted
of a felony and who has not been previously convicted of a
misdemeanor or felony and who is sentenced to a term of

SB1971 - 169 - LRB101 08001 SLF 53058 b
imprisonment in the Illinois Department of Corrections shall as
a condition of his or her sentence be required by the court to
attend educational courses designed to prepare the defendant
for a high school diploma and to work toward a high school
diploma or to work toward passing high school equivalency
testing or to work toward completing a vocational training
program offered by the Department of Corrections. If a
defendant fails to complete the educational training required
by his or her sentence during the term of incarceration, the
Prisoner Review Board shall, as a condition of mandatory
supervised release, require the defendant, at his or her own
expense, to pursue a course of study toward a high school
diploma or passage of high school equivalency testing. The
Prisoner Review Board shall revoke the mandatory supervised
release of a defendant who wilfully fails to comply with this
subsection (j-5) upon his or her release from confinement in a
penal institution while serving a mandatory supervised release
term; however, the inability of the defendant after making a
good faith effort to obtain financial aid or pay for the
educational training shall not be deemed a wilful failure to
comply. The Prisoner Review Board shall recommit the defendant
whose mandatory supervised release term has been revoked under
this subsection (j-5) as provided in Section 3-3-9. This
subsection (j-5) does not apply to a defendant who has a high
school diploma or has successfully passed high school
equivalency testing. This subsection (j-5) does not apply to a

SB1971 - 170 - LRB101 08001 SLF 53058 b
defendant who is determined by the court to be a person with a
developmental disability or otherwise mentally incapable of
completing the educational or vocational program.
(k) (Blank).
(l) (A) Except as provided in paragraph (C) of subsection
(l), whenever a defendant, who is an alien as defined by the
Immigration and Nationality Act, is convicted of any felony or
misdemeanor offense, the court after sentencing the defendant
may, upon motion of the State's Attorney, hold sentence in
abeyance and remand the defendant to the custody of the
Attorney General of the United States or his or her designated
agent to be deported when:
(1) a final order of deportation has been issued
against the defendant pursuant to proceedings under the
Immigration and Nationality Act, and
(2) the deportation of the defendant would not
deprecate the seriousness of the defendant's conduct and
would not be inconsistent with the ends of justice.
Otherwise, the defendant shall be sentenced as provided in
this Chapter V.
(B) If the defendant has already been sentenced for a
felony or misdemeanor offense, or has been placed on probation
under Section 10 of the Cannabis Control Act, Section 410 of
the Illinois Controlled Substances Act, or Section 70 of the
Methamphetamine Control and Community Protection Act, the
court may, upon motion of the State's Attorney to suspend the

SB1971 - 171 - LRB101 08001 SLF 53058 b
sentence imposed, commit the defendant to the custody of the
Attorney General of the United States or his or her designated
agent when:
(1) a final order of deportation has been issued
against the defendant pursuant to proceedings under the
Immigration and Nationality Act, and
(2) the deportation of the defendant would not
deprecate the seriousness of the defendant's conduct and
would not be inconsistent with the ends of justice.
(C) This subsection (l) does not apply to offenders who are
subject to the provisions of paragraph (2) of subsection (a) of
Section 3-6-3.
(D) Upon motion of the State's Attorney, if a defendant
sentenced under this Section returns to the jurisdiction of the
United States, the defendant shall be recommitted to the
custody of the county from which he or she was sentenced.
Thereafter, the defendant shall be brought before the
sentencing court, which may impose any sentence that was
available under Section 5-5-3 at the time of initial
sentencing. In addition, the defendant shall not be eligible
for additional earned sentence credit as provided under Section
3-6-3.
(m) A person convicted of criminal defacement of property
under Section 21-1.3 of the Criminal Code of 1961 or the
Criminal Code of 2012, in which the property damage exceeds
$300 and the property damaged is a school building, shall be

SB1971 - 172 - LRB101 08001 SLF 53058 b
ordered to perform community service that may include cleanup,
removal, or painting over the defacement.
(n) The court may sentence a person convicted of a
violation of Section 12-19, 12-21, 16-1.3, or 17-56, or
subsection (a) or (b) of Section 12-4.4a, of the Criminal Code
of 1961 or the Criminal Code of 2012 (i) to an impact
incarceration program if the person is otherwise eligible for
that program under Section 5-8-1.1, (ii) to community service,
or (iii) if the person has a substance use disorder, as defined
in the Substance Use Disorder Act, to a treatment program
licensed under that Act.
(o) Whenever a person is convicted of a sex offense as
defined in Section 2 of the Sex Offender Registration Act, the
defendant's driver's license or permit shall be subject to
renewal on an annual basis in accordance with the provisions of
license renewal established by the Secretary of State.
(Source: P.A. 99-143, eff. 7-27-15; 99-885, eff. 8-23-16;
99-938, eff. 1-1-18; 100-575, eff. 1-8-18; 100-759, eff.
1-1-19; revised 10-12-18.)
(Text of Section after amendment by P.A. 100-987)
Sec. 5-5-3. Disposition.
(a) (Blank).
(b) (Blank).
(c) (1) (Blank).
(2) A period of probation, a term of periodic imprisonment

SB1971 - 173 - LRB101 08001 SLF 53058 b
or conditional discharge shall not be imposed for the following
offenses. The court shall sentence the offender to not less
than the minimum term of imprisonment set forth in this Code
for the following offenses, and may order a fine or restitution
or both in conjunction with such term of imprisonment:
(A) First degree murder where the death penalty is not
imposed.
(B) Attempted first degree murder.
(C) A Class X felony.
(D) (Blank). A violation of Section 401.1 or 407 of the
Illinois Controlled Substances Act, or a violation of
subdivision (c)(1.5) of Section 401 of that Act which
relates to more than 5 grams of a substance containing
fentanyl or an analog thereof.
(D-5) (Blank). A violation of subdivision (c)(1) of
Section 401 of the Illinois Controlled Substances Act which
relates to 3 or more grams of a substance containing heroin
or an analog thereof.
(E) (Blank).
(F) A Class 1 or greater felony if the offender had
been convicted of a Class 1 or greater felony, including
any state or federal conviction for an offense that
contained, at the time it was committed, the same elements
as an offense now (the date of the offense committed after
the prior Class 1 or greater felony) classified as a Class
1 or greater felony, within 10 years of the date on which

SB1971 - 174 - LRB101 08001 SLF 53058 b
the offender committed the offense for which he or she is
being sentenced, except as otherwise provided in Section
40-10 of the Substance Use Disorder Act. This subparagraph
(F) does not apply to a violation of the Cannabis Control
Act, the Illinois Controlled Substances Act, or the
Methamphetamine Control and Community Protection Act.
(F-3) A Class 2 or greater felony sex offense or felony
firearm offense if the offender had been convicted of a
Class 2 or greater felony, including any state or federal
conviction for an offense that contained, at the time it
was committed, the same elements as an offense now (the
date of the offense committed after the prior Class 2 or
greater felony) classified as a Class 2 or greater felony,
within 10 years of the date on which the offender committed
the offense for which he or she is being sentenced, except
as otherwise provided in Section 40-10 of the Substance Use
Disorder Act.
(F-5) A violation of Section 24-1, 24-1.1, or 24-1.6 of
the Criminal Code of 1961 or the Criminal Code of 2012 for
which imprisonment is prescribed in those Sections.
(G) (Blank). Residential burglary, except as otherwise
provided in Section 40-10 of the Substance Use Disorder
Act.
(H) Criminal sexual assault.
(I) Aggravated battery of a senior citizen as described
in Section 12-4.6 or subdivision (a)(4) of Section 12-3.05

SB1971 - 175 - LRB101 08001 SLF 53058 b
of the Criminal Code of 1961 or the Criminal Code of 2012.
(J) A forcible felony if the offense was related to the
activities of an organized gang.
Before July 1, 1994, for the purposes of this
paragraph, "organized gang" means an association of 5 or
more persons, with an established hierarchy, that
encourages members of the association to perpetrate crimes
or provides support to the members of the association who
do commit crimes.
Beginning July 1, 1994, for the purposes of this
paragraph, "organized gang" has the meaning ascribed to it
in Section 10 of the Illinois Streetgang Terrorism Omnibus
Prevention Act.
(K) Vehicular hijacking.
(L) A second or subsequent conviction for the offense
of hate crime when the underlying offense upon which the
hate crime is based is felony aggravated assault or felony
mob action.
(M) A second or subsequent conviction for the offense
of institutional vandalism if the damage to the property
exceeds $300.
(N) A Class 3 felony violation of paragraph (1) of
subsection (a) of Section 2 of the Firearm Owners
Identification Card Act.
(O) A violation of Section 12-6.1 or 12-6.5 of the
Criminal Code of 1961 or the Criminal Code of 2012.

SB1971 - 176 - LRB101 08001 SLF 53058 b
(P) A violation of paragraph (1), (2), (3), (4), (5),
or (7) of subsection (a) of Section 11-20.1 of the Criminal
Code of 1961 or the Criminal Code of 2012.
(Q) A violation of subsection (b) or (b-5) of Section
20-1, Section 20-1.2, or Section 20-1.3 of the Criminal
Code of 1961 or the Criminal Code of 2012.
(R) A violation of Section 24-3A of the Criminal Code
of 1961 or the Criminal Code of 2012.
(S) (Blank).
(T) (Blank).
(U) A second or subsequent violation of Section 6-303
of the Illinois Vehicle Code committed while his or her
driver's license, permit, or privilege was revoked because
of a violation of Section 9-3 of the Criminal Code of 1961
or the Criminal Code of 2012, relating to the offense of
reckless homicide, or a similar provision of a law of
another state.
(V) A violation of paragraph (4) of subsection (c) of
Section 11-20.1B or paragraph (4) of subsection (c) of
Section 11-20.3 of the Criminal Code of 1961, or paragraph
(6) of subsection (a) of Section 11-20.1 of the Criminal
Code of 2012 when the victim is under 13 years of age and
the defendant has previously been convicted under the laws
of this State or any other state of the offense of child
pornography, aggravated child pornography, aggravated
criminal sexual abuse, aggravated criminal sexual assault,

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

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Criminal Code of 1961 or the Criminal Code of 2012 if the
firearm is aimed toward the person against whom the firearm
is being used.
(EE) A conviction for a violation of paragraph (2) of
subsection (a) of Section 24-3B of the Criminal Code of
2012.
(3) (Blank).
(4) A minimum term of imprisonment of not less than 10
consecutive days or 30 days of community service shall be
imposed for a violation of paragraph (c) of Section 6-303 of
the Illinois Vehicle Code.
(4.1) (Blank).
(4.2) Except as provided in paragraphs (4.3) and (4.8) of
this subsection (c), a minimum of 100 hours of community
service shall be imposed for a second violation of Section
6-303 of the Illinois Vehicle Code.
(4.3) A minimum term of imprisonment of 30 days or 300
hours of community service, as determined by the court, shall
be imposed for a second violation of subsection (c) of Section
6-303 of the Illinois Vehicle Code.
(4.4) Except as provided in paragraphs (4.5), (4.6), and
(4.9) of this subsection (c), a minimum term of imprisonment of
30 days or 300 hours of community service, as determined by the
court, shall be imposed for a third or subsequent violation of
Section 6-303 of the Illinois Vehicle Code. The court may give
credit toward the fulfillment of community service hours for

SB1971 - 179 - LRB101 08001 SLF 53058 b
participation in activities and treatment as determined by
court services.
(4.5) A minimum term of imprisonment of 30 days shall be
imposed for a third violation of subsection (c) of Section
6-303 of the Illinois Vehicle Code.
(4.6) Except as provided in paragraph (4.10) of this
subsection (c), a minimum term of imprisonment of 180 days
shall be imposed for a fourth or subsequent violation of
subsection (c) of Section 6-303 of the Illinois Vehicle Code.
(4.7) A minimum term of imprisonment of not less than 30
consecutive days, or 300 hours of community service, shall be
imposed for a violation of subsection (a-5) of Section 6-303 of
the Illinois Vehicle Code, as provided in subsection (b-5) of
that Section.
(4.8) A mandatory prison sentence shall be imposed for a
second violation of subsection (a-5) of Section 6-303 of the
Illinois Vehicle Code, as provided in subsection (c-5) of that
Section. The person's driving privileges shall be revoked for a
period of not less than 5 years from the date of his or her
release from prison.
(4.9) A mandatory prison sentence of not less than 4 and
not more than 15 years shall be imposed for a third violation
of subsection (a-5) of Section 6-303 of the Illinois Vehicle
Code, as provided in subsection (d-2.5) of that Section. The
person's driving privileges shall be revoked for the remainder
of his or her life.

SB1971 - 180 - LRB101 08001 SLF 53058 b
(4.10) A mandatory prison sentence for a Class 1 felony
shall be imposed, and the person shall be eligible for an
extended term sentence, for a fourth or subsequent violation of
subsection (a-5) of Section 6-303 of the Illinois Vehicle Code,
as provided in subsection (d-3.5) of that Section. The person's
driving privileges shall be revoked for the remainder of his or
her life.
(5) The court may sentence a corporation or unincorporated
association convicted of any offense to:
(A) a period of conditional discharge;
(B) a fine;
(C) make restitution to the victim under Section 5-5-6
of this Code.
(5.1) In addition to any other penalties imposed, and
except as provided in paragraph (5.2) or (5.3), a person
convicted of violating subsection (c) of Section 11-907 of the
Illinois Vehicle Code shall have his or her driver's license,
permit, or privileges suspended for at least 90 days but not
more than one year, if the violation resulted in damage to the
property of another person.
(5.2) In addition to any other penalties imposed, and
except as provided in paragraph (5.3), a person convicted of
violating subsection (c) of Section 11-907 of the Illinois
Vehicle Code shall have his or her driver's license, permit, or
privileges suspended for at least 180 days but not more than 2
years, if the violation resulted in injury to another person.

SB1971 - 181 - LRB101 08001 SLF 53058 b
(5.3) In addition to any other penalties imposed, a person
convicted of violating subsection (c) of Section 11-907 of the
Illinois Vehicle Code shall have his or her driver's license,
permit, or privileges suspended for 2 years, if the violation
resulted in the death of another person.
(5.4) In addition to any other penalties imposed, a person
convicted of violating Section 3-707 of the Illinois Vehicle
Code shall have his or her driver's license, permit, or
privileges suspended for 3 months and until he or she has paid
a reinstatement fee of $100.
(5.5) In addition to any other penalties imposed, a person
convicted of violating Section 3-707 of the Illinois Vehicle
Code during a period in which his or her driver's license,
permit, or privileges were suspended for a previous violation
of that Section shall have his or her driver's license, permit,
or privileges suspended for an additional 6 months after the
expiration of the original 3-month suspension and until he or
she has paid a reinstatement fee of $100.
(6) (Blank).
(7) (Blank).
(8) (Blank).
(9) A defendant convicted of a second or subsequent offense
of ritualized abuse of a child may be sentenced to a term of
natural life imprisonment.
(10) (Blank).
(11) The court shall impose a minimum fine of $1,000 for a

SB1971 - 182 - LRB101 08001 SLF 53058 b
first offense and $2,000 for a second or subsequent offense
upon a person convicted of or placed on supervision for battery
when the individual harmed was a sports official or coach at
any level of competition and the act causing harm to the sports
official or coach occurred within an athletic facility or
within the immediate vicinity of the athletic facility at which
the sports official or coach was an active participant of the
athletic contest held at the athletic facility. For the
purposes of this paragraph (11), "sports official" means a
person at an athletic contest who enforces the rules of the
contest, such as an umpire or referee; "athletic facility"
means an indoor or outdoor playing field or recreational area
where sports activities are conducted; and "coach" means a
person recognized as a coach by the sanctioning authority that
conducted the sporting event.
(12) A person may not receive a disposition of court
supervision for a violation of Section 5-16 of the Boat
Registration and Safety Act if that person has previously
received a disposition of court supervision for a violation of
that Section.
(13) A person convicted of or placed on court supervision
for an assault or aggravated assault when the victim and the
offender are family or household members as defined in Section
103 of the Illinois Domestic Violence Act of 1986 or convicted
of domestic battery or aggravated domestic battery may be
required to attend a Partner Abuse Intervention Program under

SB1971 - 183 - LRB101 08001 SLF 53058 b
protocols set forth by the Illinois Department of Human
Services under such terms and conditions imposed by the court.
The costs of such classes shall be paid by the offender.
(d) In any case in which a sentence originally imposed is
vacated, the case shall be remanded to the trial court. The
trial court shall hold a hearing under Section 5-4-1 of this
the Unified Code of Corrections which may include evidence of
the defendant's life, moral character and occupation during the
time since the original sentence was passed. The trial court
shall then impose sentence upon the defendant. The trial court
may impose any sentence which could have been imposed at the
original trial subject to Section 5-5-4 of this the Unified
Code of Corrections. If a sentence is vacated on appeal or on
collateral attack due to the failure of the trier of fact at
trial to determine beyond a reasonable doubt the existence of a
fact (other than a prior conviction) necessary to increase the
punishment for the offense beyond the statutory maximum
otherwise applicable, either the defendant may be re-sentenced
to a term within the range otherwise provided or, if the State
files notice of its intention to again seek the extended
sentence, the defendant shall be afforded a new trial.
(e) In cases where prosecution for aggravated criminal
sexual abuse under Section 11-1.60 or 12-16 of the Criminal
Code of 1961 or the Criminal Code of 2012 results in conviction
of a defendant who was a family member of the victim at the
time of the commission of the offense, the court shall consider

SB1971 - 184 - LRB101 08001 SLF 53058 b
the safety and welfare of the victim and may impose a sentence
of probation only where:
(1) the court finds (A) or (B) or both are appropriate:
(A) the defendant is willing to undergo a court
approved counseling program for a minimum duration of 2
years; or
(B) the defendant is willing to participate in a
court approved plan including but not limited to the
defendant's:
(i) removal from the household;
(ii) restricted contact with the victim;
(iii) continued financial support of the
family;
(iv) restitution for harm done to the victim;
and
(v) compliance with any other measures that
the court may deem appropriate; and
(2) the court orders the defendant to pay for the
victim's counseling services, to the extent that the court
finds, after considering the defendant's income and
assets, that the defendant is financially capable of paying
for such services, if the victim was under 18 years of age
at the time the offense was committed and requires
counseling as a result of the offense.
Probation may be revoked or modified pursuant to Section
5-6-4; except where the court determines at the hearing that

SB1971 - 185 - LRB101 08001 SLF 53058 b
the defendant violated a condition of his or her probation
restricting contact with the victim or other family members or
commits another offense with the victim or other family
members, the court shall revoke the defendant's probation and
impose a term of imprisonment.
For the purposes of this Section, "family member" and
"victim" shall have the meanings ascribed to them in Section
11-0.1 of the Criminal Code of 2012.
(f) (Blank).
(g) Whenever a defendant is convicted of an offense under
Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-14,
11-14.3, 11-14.4 except for an offense that involves keeping a
place of juvenile prostitution, 11-15, 11-15.1, 11-16, 11-17,
11-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 12-13, 12-14,
12-14.1, 12-15 or 12-16 of the Criminal Code of 1961 or the
Criminal Code of 2012, the defendant shall undergo medical
testing to determine whether the defendant has any sexually
transmissible disease, including a test for infection with
human immunodeficiency virus (HIV) or any other identified
causative agent of acquired immunodeficiency syndrome (AIDS).
Any such medical test shall be performed only by appropriately
licensed medical practitioners and may include an analysis of
any bodily fluids as well as an examination of the defendant's
person. Except as otherwise provided by law, the results of
such test shall be kept strictly confidential by all medical
personnel involved in the testing and must be personally

SB1971 - 186 - LRB101 08001 SLF 53058 b
delivered in a sealed envelope to the judge of the court in
which the conviction was entered for the judge's inspection in
camera. Acting in accordance with the best interests of the
victim and the public, the judge shall have the discretion to
determine to whom, if anyone, the results of the testing may be
revealed. The court shall notify the defendant of the test
results. The court shall also notify the victim if requested by
the victim, and if the victim is under the age of 15 and if
requested by the victim's parents or legal guardian, the court
shall notify the victim's parents or legal guardian of the test
results. The court shall provide information on the
availability of HIV testing and counseling at Department of
Public Health facilities to all parties to whom the results of
the testing are revealed and shall direct the State's Attorney
to provide the information to the victim when possible. A
State's Attorney may petition the court to obtain the results
of any HIV test administered under this Section, and the court
shall grant the disclosure if the State's Attorney shows it is
relevant in order to prosecute a charge of criminal
transmission of HIV under Section 12-5.01 or 12-16.2 of the
Criminal Code of 1961 or the Criminal Code of 2012 against the
defendant. The court shall order that the cost of any such test
shall be paid by the county and may be taxed as costs against
the convicted defendant.
(g-5) When an inmate is tested for an airborne communicable
disease, as determined by the Illinois Department of Public

SB1971 - 187 - LRB101 08001 SLF 53058 b
Health including but not limited to tuberculosis, the results
of the test shall be personally delivered by the warden or his
or her designee in a sealed envelope to the judge of the court
in which the inmate must appear for the judge's inspection in
camera if requested by the judge. Acting in accordance with the
best interests of those in the courtroom, the judge shall have
the discretion to determine what if any precautions need to be
taken to prevent transmission of the disease in the courtroom.
(h) Whenever a defendant is convicted of an offense under
Section 1 or 2 of the Hypodermic Syringes and Needles Act, the
defendant shall undergo medical testing to determine whether
the defendant has been exposed to human immunodeficiency virus
(HIV) or any other identified causative agent of acquired
immunodeficiency syndrome (AIDS). Except as otherwise provided
by law, the results of such test shall be kept strictly
confidential by all medical personnel involved in the testing
and must be personally delivered in a sealed envelope to the
judge of the court in which the conviction was entered for the
judge's inspection in camera. Acting in accordance with the
best interests of the public, the judge shall have the
discretion to determine to whom, if anyone, the results of the
testing may be revealed. The court shall notify the defendant
of a positive test showing an infection with the human
immunodeficiency virus (HIV). The court shall provide
information on the availability of HIV testing and counseling
at Department of Public Health facilities to all parties to

SB1971 - 188 - LRB101 08001 SLF 53058 b
whom the results of the testing are revealed and shall direct
the State's Attorney to provide the information to the victim
when possible. A State's Attorney may petition the court to
obtain the results of any HIV test administered under this
Section, and the court shall grant the disclosure if the
State's Attorney shows it is relevant in order to prosecute a
charge of criminal transmission of HIV under Section 12-5.01 or
12-16.2 of the Criminal Code of 1961 or the Criminal Code of
2012 against the defendant. The court shall order that the cost
of any such test shall be paid by the county and may be taxed as
costs against the convicted defendant.
(i) All fines and penalties imposed under this Section for
any violation of Chapters 3, 4, 6, and 11 of the Illinois
Vehicle Code, or a similar provision of a local ordinance, and
any violation of the Child Passenger Protection Act, or a
similar provision of a local ordinance, shall be collected and
disbursed by the circuit clerk as provided under the Criminal
and Traffic Assessment Act.
(j) In cases when prosecution for any violation of Section
11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-8, 11-9,
11-11, 11-14, 11-14.3, 11-14.4, 11-15, 11-15.1, 11-16, 11-17,
11-17.1, 11-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 11-20.1,
11-20.1B, 11-20.3, 11-21, 11-30, 11-40, 12-13, 12-14, 12-14.1,
12-15, or 12-16 of the Criminal Code of 1961 or the Criminal
Code of 2012, any violation of the Illinois Controlled
Substances Act, any violation of the Cannabis Control Act, or

SB1971 - 189 - LRB101 08001 SLF 53058 b
any violation of the Methamphetamine Control and Community
Protection Act results in conviction, a disposition of court
supervision, or an order of probation granted under Section 10
of the Cannabis Control Act, Section 410 of the Illinois
Controlled Substances Act, or Section 70 of the Methamphetamine
Control and Community Protection Act of a defendant, the court
shall determine whether the defendant is employed by a facility
or center as defined under the Child Care Act of 1969, a public
or private elementary or secondary school, or otherwise works
with children under 18 years of age on a daily basis. When a
defendant is so employed, the court shall order the Clerk of
the Court to send a copy of the judgment of conviction or order
of supervision or probation to the defendant's employer by
certified mail. If the employer of the defendant is a school,
the Clerk of the Court shall direct the mailing of a copy of
the judgment of conviction or order of supervision or probation
to the appropriate regional superintendent of schools. The
regional superintendent of schools shall notify the State Board
of Education of any notification under this subsection.
(j-5) A defendant at least 17 years of age who is convicted
of a felony and who has not been previously convicted of a
misdemeanor or felony and who is sentenced to a term of
imprisonment in the Illinois Department of Corrections shall as
a condition of his or her sentence be required by the court to
attend educational courses designed to prepare the defendant
for a high school diploma and to work toward a high school

SB1971 - 190 - LRB101 08001 SLF 53058 b
diploma or to work toward passing high school equivalency
testing or to work toward completing a vocational training
program offered by the Department of Corrections. If a
defendant fails to complete the educational training required
by his or her sentence during the term of incarceration, the
Prisoner Review Board shall, as a condition of mandatory
supervised release, require the defendant, at his or her own
expense, to pursue a course of study toward a high school
diploma or passage of high school equivalency testing. The
Prisoner Review Board shall revoke the mandatory supervised
release of a defendant who wilfully fails to comply with this
subsection (j-5) upon his or her release from confinement in a
penal institution while serving a mandatory supervised release
term; however, the inability of the defendant after making a
good faith effort to obtain financial aid or pay for the
educational training shall not be deemed a wilful failure to
comply. The Prisoner Review Board shall recommit the defendant
whose mandatory supervised release term has been revoked under
this subsection (j-5) as provided in Section 3-3-9. This
subsection (j-5) does not apply to a defendant who has a high
school diploma or has successfully passed high school
equivalency testing. This subsection (j-5) does not apply to a
defendant who is determined by the court to be a person with a
developmental disability or otherwise mentally incapable of
completing the educational or vocational program.
(k) (Blank).

SB1971 - 191 - LRB101 08001 SLF 53058 b
(l) (A) Except as provided in paragraph (C) of subsection
(l), whenever a defendant, who is an alien as defined by the
Immigration and Nationality Act, is convicted of any felony or
misdemeanor offense, the court after sentencing the defendant
may, upon motion of the State's Attorney, hold sentence in
abeyance and remand the defendant to the custody of the
Attorney General of the United States or his or her designated
agent to be deported when:
(1) a final order of deportation has been issued
against the defendant pursuant to proceedings under the
Immigration and Nationality Act, and
(2) the deportation of the defendant would not
deprecate the seriousness of the defendant's conduct and
would not be inconsistent with the ends of justice.
Otherwise, the defendant shall be sentenced as provided in
this Chapter V.
(B) If the defendant has already been sentenced for a
felony or misdemeanor offense, or has been placed on probation
under Section 10 of the Cannabis Control Act, Section 410 of
the Illinois Controlled Substances Act, or Section 70 of the
Methamphetamine Control and Community Protection Act, the
court may, upon motion of the State's Attorney to suspend the
sentence imposed, commit the defendant to the custody of the
Attorney General of the United States or his or her designated
agent when:
(1) a final order of deportation has been issued

SB1971 - 192 - LRB101 08001 SLF 53058 b
against the defendant pursuant to proceedings under the
Immigration and Nationality Act, and
(2) the deportation of the defendant would not
deprecate the seriousness of the defendant's conduct and
would not be inconsistent with the ends of justice.
(C) This subsection (l) does not apply to offenders who are
subject to the provisions of paragraph (2) of subsection (a) of
Section 3-6-3.
(D) Upon motion of the State's Attorney, if a defendant
sentenced under this Section returns to the jurisdiction of the
United States, the defendant shall be recommitted to the
custody of the county from which he or she was sentenced.
Thereafter, the defendant shall be brought before the
sentencing court, which may impose any sentence that was
available under Section 5-5-3 at the time of initial
sentencing. In addition, the defendant shall not be eligible
for additional earned sentence credit as provided under Section
3-6-3.
(m) A person convicted of criminal defacement of property
under Section 21-1.3 of the Criminal Code of 1961 or the
Criminal Code of 2012, in which the property damage exceeds
$300 and the property damaged is a school building, shall be
ordered to perform community service that may include cleanup,
removal, or painting over the defacement.
(n) The court may sentence a person convicted of a
violation of Section 12-19, 12-21, 16-1.3, or 17-56, or

SB1971 - 193 - LRB101 08001 SLF 53058 b
subsection (a) or (b) of Section 12-4.4a, of the Criminal Code
of 1961 or the Criminal Code of 2012 (i) to an impact
incarceration program if the person is otherwise eligible for
that program under Section 5-8-1.1, (ii) to community service,
or (iii) if the person has a substance use disorder, as defined
in the Substance Use Disorder Act, to a treatment program
licensed under that Act.
(o) Whenever a person is convicted of a sex offense as
defined in Section 2 of the Sex Offender Registration Act, the
defendant's driver's license or permit shall be subject to
renewal on an annual basis in accordance with the provisions of
license renewal established by the Secretary of State.
(Source: P.A. 99-143, eff. 7-27-15; 99-885, eff. 8-23-16;
99-938, eff. 1-1-18; 100-575, eff. 1-8-18; 100-759, eff.
1-1-19; 100-987, eff. 7-1-19; revised 10-12-18.)
(730 ILCS 5/5-6-3.3)
Sec. 5-6-3.3. Offender Initiative Program.
(a) Statement of purpose. The General Assembly seeks to
continue other successful programs that promote public safety,
conserve valuable resources, and reduce recidivism by
defendants who can lead productive lives by creating the
Offender Initiative Program.
(a-1) Whenever any person who has not previously been
convicted of any felony offense under the laws of this State,
the laws of any other state, or the laws of the United States,

SB1971 - 194 - LRB101 08001 SLF 53058 b
is arrested for and charged with a probationable felony offense
of theft, retail theft, forgery, possession of a stolen motor
vehicle, burglary, possession of burglary tools, deceptive
practices, disorderly conduct, criminal damage or trespass to
property under Article 21 of the Criminal Code of 2012,
criminal trespass to a residence, obstructing justice, or an
offense involving fraudulent identification, or possession of
cannabis, possession of a controlled substance, or possession
of methamphetamine, the court, with the consent of the
defendant and the State's Attorney, may continue this matter to
allow a defendant to participate and complete the Offender
Initiative Program.
(a-2) Exemptions. A defendant shall not be eligible for
this Program if the offense he or she has been arrested for and
charged with is a violent offense. For purposes of this
Program, a "violent offense" is any offense where bodily harm
was inflicted or where force was used against any person or
threatened against any person, any offense involving sexual
conduct, sexual penetration, or sexual exploitation, any
offense of domestic violence, domestic battery, violation of an
order of protection, stalking, hate crime, and any offense
involving the possession of a firearm or dangerous weapon. A
defendant shall not be eligible for this Program if he or she
has previously been adjudicated a delinquent minor for the
commission of a violent offense as defined in this subsection.
(b) When a defendant is placed in the Program, after both

SB1971 - 195 - LRB101 08001 SLF 53058 b
the defendant and State's Attorney waive preliminary hearing
pursuant to Section 109-3 of the Code of Criminal Procedure of
1963, the court shall enter an order specifying that the
proceedings shall be suspended while the defendant is
participating in a Program of not less 12 months.
(c) The conditions of the Program shall be that the
defendant:
(1) not violate any criminal statute of this State or
any other jurisdiction;
(2) refrain from possessing a firearm or other
dangerous weapon;
(3) make full restitution to the victim or property
owner pursuant to Section 5-5-6 of this Code;
(4) obtain employment or perform not less than 30 hours
of community service, provided community service is
available in the county and is funded and approved by the
county board; and
(5) attend educational courses designed to prepare the
defendant for obtaining a high school diploma or to work
toward passing high school equivalency testing or to work
toward completing a vocational training program.
(c-1) The court may give credit toward the fulfillment of
community service hours for participation in activities and
treatment as determined by court services.
(d) The court may, in addition to other conditions, require
that the defendant:

SB1971 - 196 - LRB101 08001 SLF 53058 b
(1) undergo medical or psychiatric treatment, or
treatment or rehabilitation approved by the Illinois
Department of Human Services;
(2) refrain from having in his or her body the presence
of any illicit drug prohibited by the Methamphetamine
Control and Community Protection Act, the Cannabis Control
Act or the Illinois Controlled Substances Act, unless
prescribed by a physician, and submit samples of his or her
blood or urine or both for tests to determine the presence
of any illicit drug;
(3) submit to periodic drug testing at a time, manner,
and frequency as ordered by the court;
(4) pay fines, fees and costs; and
(5) in addition, if a minor:
(i) reside with his or her parents or in a foster
home;
(ii) attend school;
(iii) attend a non-residential program for youth;
or
(iv) contribute to his or her own support at home
or in a foster home.
(e) When the State's Attorney makes a factually specific
offer of proof that the defendant has failed to successfully
complete the Program or has violated any of the conditions of
the Program, the court shall enter an order that the defendant
has not successfully completed the Program and continue the

SB1971 - 197 - LRB101 08001 SLF 53058 b
case for arraignment pursuant to Section 113-1 of the Code of
Criminal Procedure of 1963 for further proceedings as if the
defendant had not participated in the Program.
(f) Upon fulfillment of the terms and conditions of the
Program, the State's Attorney shall dismiss the case or the
court shall discharge the person and dismiss the proceedings
against the person.
(g) (Blank). A person may only have one discharge and
dismissal under this Section within a 4-year period.
(h) Notwithstanding subsection (a-1), if the court finds
that the defendant suffers from a substance abuse problem, then
before the person participates in the Program under this
Section, the court may refer the person to the drug court
established in that judicial circuit pursuant to Section 15 of
the Drug Court Treatment Act. The drug court team shall
evaluate the person's likelihood of successfully fulfilling
the terms and conditions of the Program under this Section and
shall report the results of its evaluation to the court. If the
drug court team finds that the person suffers from a substance
abuse problem that makes him or her substantially unlikely to
successfully fulfill the terms and conditions of the Program,
then the drug court shall set forth its findings in the form of
a written order, and the person shall be ineligible to
participate in the Program under this Section, but shall be
considered for the drug court program.
(Source: P.A. 99-480, eff. 9-9-15; 100-3, eff. 1-1-18; 100-575,

SB1971 - 198 - LRB101 08001 SLF 53058 b
eff. 1-8-18.)
(730 ILCS 5/5-6-3.4)
Sec. 5-6-3.4. Second Chance Probation.
(a) Whenever any person who has not previously been
convicted of any felony offense under the laws of this State,
the laws of any other state, or the laws of the United States,
and pleads guilty to, or is found guilty of, possession of less
than 15 grams of a controlled substance; possession of less
than 15 grams of methamphetamine; or a probationable felony
offense of possession of cannabis, theft, retail theft,
forgery, deceptive practices, possession of a stolen motor
vehicle, burglary, possession of burglary tools, disorderly
conduct, criminal damage or trespass to property under Article
21 of the Criminal Code of 2012, criminal trespass to a
residence, an offense involving fraudulent identification, or
obstructing justice; or possession of cannabis, the court, with
the consent of the defendant and the State's Attorney, may,
without entering a judgment, sentence the defendant to
probation under this Section.
(a-1) Exemptions. A defendant is not eligible for this
probation if the offense he or she pleads guilty to, or is
found guilty of, is a violent offense, or he or she has
previously been convicted of a violent offense. For purposes of
this probation, a "violent offense" is any offense where bodily
harm was inflicted or where force was used against any person

SB1971 - 199 - LRB101 08001 SLF 53058 b
or threatened against any person, any offense involving sexual
conduct, sexual penetration, or sexual exploitation, any
offense of domestic violence, domestic battery, violation of an
order of protection, stalking, hate crime, and any offense
involving the possession of a firearm or dangerous weapon. A
defendant shall not be eligible for this probation if he or she
has previously been adjudicated a delinquent minor for the
commission of a violent offense as defined in this subsection.
(b) When a defendant is placed on probation, the court
shall enter an order specifying a period of probation of not
less than 24 months and shall defer further proceedings in the
case until the conclusion of the period or until the filing of
a petition alleging violation of a term or condition of
probation.
(c) The conditions of probation shall be that the
defendant:
(1) not violate any criminal statute of this State or
any other jurisdiction;
(2) refrain from possessing a firearm or other
dangerous weapon;
(3) make full restitution to the victim or property
owner under Section 5-5-6 of this Code;
(4) obtain or attempt to obtain employment;
(5) pay fines and costs;
(6) attend educational courses designed to prepare the
defendant for obtaining a high school diploma or to work

SB1971 - 200 - LRB101 08001 SLF 53058 b
toward passing high school equivalency testing or to work
toward completing a vocational training program;
(7) submit to periodic drug testing at a time and in a
manner as ordered by the court, but no less than 3 times
during the period of probation, with the cost of the
testing to be paid by the defendant; and
(8) perform a minimum of 30 hours of community service.
The court may give credit toward the fulfillment of
community service hours for participation in activities
and treatment as determined by court services.
(d) The court may, in addition to other conditions, require
that the defendant:
(1) make a report to and appear in person before or
participate with the court or such courts, person, or
social service agency as directed by the court in the order
of probation;
(2) undergo medical or psychiatric treatment, or
treatment or rehabilitation approved by the Illinois
Department of Human Services;
(3) attend or reside in a facility established for the
instruction or residence of defendants on probation;
(4) support his or her dependents; or
(5) refrain from having in his or her body the presence
of any illicit drug prohibited by the Methamphetamine
Control and Community Protection Act, the Cannabis Control
Act, or the Illinois Controlled Substances Act, unless

SB1971 - 201 - LRB101 08001 SLF 53058 b
prescribed by a physician, and submit samples of his or her
blood or urine or both for tests to determine the presence
of any illicit drug.
(e) Upon violation of a term or condition of probation, the
court may enter a judgment on its original finding of guilt and
proceed as otherwise provided by law.
(f) Upon fulfillment of the terms and conditions of
probation, the court shall discharge the person and dismiss the
proceedings against the person.
(g) A disposition of probation is considered to be a
conviction for the purposes of imposing the conditions of
probation and for appeal; however, a discharge and dismissal
under this Section is not a conviction for purposes of this
Code or for purposes of disqualifications or disabilities
imposed by law upon conviction of a crime.
(h) (Blank). A person may only have one discharge and
dismissal under this Section within a 4-year period.
(i) If a person is convicted of any offense which occurred
within 5 years subsequent to a discharge and dismissal under
this Section, the discharge and dismissal under this Section
shall be admissible in the sentencing proceeding for that
conviction as evidence in aggravation.
(j) Notwithstanding subsection (a), if the court finds that
the defendant suffers from a substance abuse problem, then
before the person is placed on probation under this Section,
the court may refer the person to the drug court established in

SB1971 - 202 - LRB101 08001 SLF 53058 b
that judicial circuit pursuant to Section 15 of the Drug Court
Treatment Act. The drug court team shall evaluate the person's
likelihood of successfully fulfilling the terms and conditions
of probation under this Section and shall report the results of
its evaluation to the court. If the drug court team finds that
the person suffers from a substance abuse problem that makes
him or her substantially unlikely to successfully fulfill the
terms and conditions of probation under this Section, then the
drug court shall set forth its findings in the form of a
written order, and the person shall be ineligible to be placed
on probation under this Section, but shall be considered for
the drug court program.
(Source: P.A. 99-480, eff. 9-9-15; 100-3, eff. 1-1-18; 100-575,
eff. 1-8-18.)
(730 ILCS 5/5-8-1) (from Ch. 38, par. 1005-8-1)
Sec. 5-8-1. Natural life imprisonment; enhancements for
use of a firearm; mandatory supervised release terms.
(a) Except as otherwise provided in the statute defining
the offense or in Article 4.5 of Chapter V, a sentence of
imprisonment for a felony shall be a determinate sentence set
by the court under this Section, according to the following
limitations:
(1) for first degree murder,
(a) (blank),
(b) if a trier of fact finds beyond a reasonable

SB1971 - 203 - LRB101 08001 SLF 53058 b
doubt that the murder was accompanied by exceptionally
brutal or heinous behavior indicative of wanton
cruelty or, except as set forth in subsection (a)(1)(c)
of this Section, that any of the aggravating factors
listed in subsection (b) or (b-5) of Section 9-1 of the
Criminal Code of 1961 or the Criminal Code of 2012 are
present, the court may sentence the defendant, subject
to Section 5-4.5-105, to a term of natural life
imprisonment, or
(c) the court shall sentence the defendant to a
term of natural life imprisonment if the defendant, at
the time of the commission of the murder, had attained
the age of 18, and
(i) has previously been convicted of first
degree murder under any state or federal law, or
(ii) is found guilty of murdering more than one
victim, or
(iii) is found guilty of murdering a peace
officer, fireman, or emergency management worker
when the peace officer, fireman, or emergency
management worker was killed in the course of
performing his official duties, or to prevent the
peace officer or fireman from performing his
official duties, or in retaliation for the peace
officer, fireman, or emergency management worker
from performing his official duties, and the

SB1971 - 204 - LRB101 08001 SLF 53058 b
defendant knew or should have known that the
murdered individual was a peace officer, fireman,
or emergency management worker, or
(iv) is found guilty of murdering an employee
of an institution or facility of the Department of
Corrections, or any similar local correctional
agency, when the employee was killed in the course
of performing his official duties, or to prevent
the employee from performing his official duties,
or in retaliation for the employee performing his
official duties, or
(v) is found guilty of murdering an emergency
medical technician - ambulance, emergency medical
technician - intermediate, emergency medical
technician - paramedic, ambulance driver or other
medical assistance or first aid person while
employed by a municipality or other governmental
unit when the person was killed in the course of
performing official duties or to prevent the
person from performing official duties or in
retaliation for performing official duties and the
defendant knew or should have known that the
murdered individual was an emergency medical
technician - ambulance, emergency medical
technician - intermediate, emergency medical
technician - paramedic, ambulance driver, or other

SB1971 - 205 - LRB101 08001 SLF 53058 b
medical assistant or first aid personnel, or
(vi) (blank), or
(vii) is found guilty of first degree murder
and the murder was committed by reason of any
person's activity as a community policing
volunteer or to prevent any person from engaging in
activity as a community policing volunteer. For
the purpose of this Section, "community policing
volunteer" has the meaning ascribed to it in
Section 2-3.5 of the Criminal Code of 2012.
For purposes of clause (v), "emergency medical
technician - ambulance", "emergency medical technician -
intermediate", "emergency medical technician -
paramedic", have the meanings ascribed to them in the
Emergency Medical Services (EMS) Systems Act.
(d) (i) if the person committed the offense while
armed with a firearm, 15 years shall be added to
the term of imprisonment imposed by the court;
(ii) if, during the commission of the offense,
the person personally discharged a firearm, 20
years shall be added to the term of imprisonment
imposed by the court;
(iii) if, during the commission of the
offense, the person personally discharged a
firearm that proximately caused great bodily harm,
permanent disability, permanent disfigurement, or

SB1971 - 206 - LRB101 08001 SLF 53058 b
death to another person, 25 years or up to a term
of natural life shall be added to the term of
imprisonment imposed by the court.
(2) (blank);
(2.5) for a person who has attained the age of 18 years
at the time of the commission of the offense and who is
convicted under the circumstances described in subdivision
(b)(1)(B) of Section 11-1.20 or paragraph (3) of subsection
(b) of Section 12-13, subdivision (d)(2) of Section 11-1.30
or paragraph (2) of subsection (d) of Section 12-14,
subdivision (b)(1.2) of Section 11-1.40 or paragraph (1.2)
of subsection (b) of Section 12-14.1, subdivision (b)(2) of
Section 11-1.40 or paragraph (2) of subsection (b) of
Section 12-14.1 of the Criminal Code of 1961 or the
Criminal Code of 2012, the sentence shall be a term of
natural life imprisonment.
(b) (Blank).
(c) (Blank).
(d) Subject to earlier termination under Section 3-3-8, the
parole or mandatory supervised release term shall be written as
part of the sentencing order and shall be as follows:
(1) for first degree murder or a Class X felony except
for the offenses of predatory criminal sexual assault of a
child, aggravated criminal sexual assault, and criminal
sexual assault if committed on or after the effective date
of this amendatory Act of the 94th General Assembly and

SB1971 - 207 - LRB101 08001 SLF 53058 b
except for the offense of aggravated child pornography
under Section 11-20.1B, 11-20.3, or 11-20.1 with
sentencing under subsection (c-5) of Section 11-20.1 of the
Criminal Code of 1961 or the Criminal Code of 2012, if
committed on or after January 1, 2009, 3 years;
(1.5) for a Class X felony except for the offenses of
predatory criminal sexual assault of a child, aggravated
criminal sexual assault, and criminal sexual assault if
committed on or after December 13, 2005 (the effective date
of Public Act 94-715) and except for the offense of
aggravated child pornography under Section 11-20.1B.
11-20.3, or 11-20.1 with sentencing under subsection (c-5)
of Section 11-20.1 of the Criminal Code of 1961 or the
Criminal Code of 2012, if committed on or after January 1,
2009, 18 months;
(2) for a Class 1 felony or a Class 2 felony except for
the offense of criminal sexual assault if committed on or
after December 13, 2005 (the effective date of Public Act
94-715) this amendatory Act of the 94th General Assembly
and except for the offenses of manufacture and
dissemination of child pornography under clauses (a)(1)
and (a)(2) of Section 11-20.1 of the Criminal Code of 1961
or the Criminal Code of 2012, if committed on or after
January 1, 2009, 18 months 2 years;
(3) for a Class 3 felony or a Class 4 felony, 1 year;
(4) for defendants who commit the offense of predatory

SB1971 - 208 - LRB101 08001 SLF 53058 b
criminal sexual assault of a child, aggravated criminal
sexual assault, or criminal sexual assault, on or after the
effective date of this amendatory Act of the 94th General
Assembly, or who commit the offense of aggravated child
pornography under Section 11-20.1B, 11-20.3, or 11-20.1
with sentencing under subsection (c-5) of Section 11-20.1
of the Criminal Code of 1961 or the Criminal Code of 2012,
manufacture of child pornography, or dissemination of
child pornography after January 1, 2009, the term of
mandatory supervised release shall range from a minimum of
3 years to a maximum of the natural life of the defendant;
(5) if the victim is under 18 years of age, for a
second or subsequent offense of aggravated criminal sexual
abuse or felony criminal sexual abuse, 4 years, at least
the first 2 years of which the defendant shall serve in an
electronic monitoring or home detention program under
Article 8A of Chapter V of this Code;
(6) for a felony domestic battery, aggravated domestic
battery, stalking, aggravated stalking, and a felony
violation of an order of protection, 4 years.
(e) (Blank).
(f) (Blank).
(Source: P.A. 99-69, eff. 1-1-16; 99-875, eff. 1-1-17; 100-431,
eff. 8-25-17.)
(730 ILCS 5/5-8-2) (from Ch. 38, par. 1005-8-2)

SB1971 - 209 - LRB101 08001 SLF 53058 b
Sec. 5-8-2. Extended Term.
(a) A judge shall not sentence an offender to a term of
imprisonment in excess of the maximum sentence authorized by
Article 4.5 of Chapter V for an offense or offenses within the
class of the most serious offense of which the offender was
convicted unless the factors in aggravation set forth in
Section 5-5-3.2 or clause (a)(1)(b) of Section 5-8-1 were found
to be present. If the pre-trial and trial proceedings were
conducted in compliance with subsection (c-5) of Section 111-3
of the Code of Criminal Procedure of 1963, the judge may
sentence an offender to an extended term as provided in Article
4.5 of Chapter V (730 ILCS 5/Ch. V, Art. 4.5).
(b) If the conviction was by plea, it shall appear on the
record that the plea was entered with the defendant's knowledge
that a sentence under this Section was a possibility. If it
does not so appear on the record, the defendant shall not be
subject to such a sentence unless he is first given an
opportunity to withdraw his plea without prejudice.
(c) An extended term as provided in Article 4.5 of Chapter
V may not be imposed for a violation of the Cannabis Control
Act, the Illinois Controlled Substances Act, or the
Methamphetamine Control and Community Protection Act.
(Source: P.A. 95-1052, eff. 7-1-09; 96-1200, eff. 7-22-10.)
(730 ILCS 5/5-8-6) (from Ch. 38, par. 1005-8-6)
Sec. 5-8-6. Place of confinement.

SB1971 - 210 - LRB101 08001 SLF 53058 b
(a) Except as otherwise provided in this subsection (a),
offenders Offenders sentenced to a term of imprisonment for a
felony shall be committed to the penitentiary system of the
Department of Corrections. However, such sentence shall not
limit the powers of the Department of Children and Family
Services in relation to any child under the age of one year in
the sole custody of a person so sentenced, nor in relation to
any child delivered by a female so sentenced while she is so
confined as a consequence of such sentence. Except as otherwise
provided in this subsection (a), a A person sentenced for a
felony may be assigned by the Department of Corrections to any
of its institutions, facilities or programs. An offender
sentenced to a term of imprisonment for a Class 3 or 4 felony,
other than a violent crime as defined in Section 3 of the
Rights of Crime Victims and Witnesses Act, in which the
sentencing order indicates that the offender has less than 4
months remaining on his or her sentence accounting for time
served may not be confined in the penitentiary system of the
Department of Corrections but may be assigned to electronic
home detention under Article 8A of this Chapter V, an adult
transition center, or another facility or program within the
Department of Corrections.
(b) Offenders sentenced to a term of imprisonment for less
than one year shall be committed to the custody of the sheriff.
A person committed to the Department of Corrections, prior to
July 14, 1983, for less than one year may be assigned by the

SB1971 - 211 - LRB101 08001 SLF 53058 b
Department to any of its institutions, facilities or programs.
(c) All offenders under 18 years of age when sentenced to
imprisonment shall be committed to the Department of Juvenile
Justice and the court in its order of commitment shall set a
definite term. The provisions of Section 3-3-3 shall be a part
of such commitment as fully as though written in the order of
commitment. The place of confinement for sentences imposed
before the effective date of this amendatory Act of the 99th
General Assembly are not affected or abated by this amendatory
Act of the 99th General Assembly.
(d) No defendant shall be committed to the Department of
Corrections for the recovery of a fine or costs.
(e) When a court sentences a defendant to a term of
imprisonment concurrent with a previous and unexpired sentence
of imprisonment imposed by any district court of the United
States, it may commit the offender to the custody of the
Attorney General of the United States. The Attorney General of
the United States, or the authorized representative of the
Attorney General of the United States, shall be furnished with
the warrant of commitment from the court imposing sentence,
which warrant of commitment shall provide that, when the
offender is released from federal confinement, whether by
parole or by termination of sentence, the offender shall be
transferred by the Sheriff of the committing county to the
Department of Corrections. The court shall cause the Department
to be notified of such sentence at the time of commitment and

SB1971 - 212 - LRB101 08001 SLF 53058 b
to be provided with copies of all records regarding the
sentence.
(Source: P.A. 99-628, eff. 1-1-17.)
Section 95. No acceleration or delay. Where this Act makes
changes in a statute that is represented in this Act by text
that is not yet or no longer in effect (for example, a Section
represented by multiple versions), the use of that text does
not accelerate or delay the taking effect of (i) the changes
made by this Act or (ii) provisions derived from any other
Public Act.
SB1971 - 213 - LRB101 08001 SLF 53058 b
INDEX
Statutes amended in order of appearance
55 ILCS 5/3-9008 from Ch. 34, par. 3-9008
720 ILCS 5/16-1 from Ch. 38, par. 16-1
720 ILCS 5/16-25
720 ILCS 550/4 from Ch. 56 1/2, par. 704
720 ILCS 550/5 from Ch. 56 1/2, par. 705
720 ILCS 550/5.1 from Ch. 56 1/2, par. 705.1
720 ILCS 550/5.2 from Ch. 56 1/2, par. 705.2
720 ILCS 550/7 from Ch. 56 1/2, par. 707
720 ILCS 550/8 from Ch. 56 1/2, par. 708
720 ILCS 550/10 from Ch. 56 1/2, par. 710
720 ILCS 550/9 rep.
720 ILCS 570/401 from Ch. 56 1/2, par. 1401
720 ILCS 570/401.1 from Ch. 56 1/2, par. 1401.1
720 ILCS 570/402 from Ch. 56 1/2, par. 1402
720 ILCS 570/404 from Ch. 56 1/2, par. 1404
720 ILCS 570/405.2
720 ILCS 570/407 from Ch. 56 1/2, par. 1407
720 ILCS 570/407.1 from Ch. 56 1/2, par. 1407.1
720 ILCS 570/407.2 from Ch. 56 1/2, par. 1407.2
720 ILCS 570/410 from Ch. 56 1/2, par. 1410
720 ILCS 570/405 rep.
720 ILCS 570/405.1 rep.
720 ILCS 570/408 rep.
SB1971 - 214 - LRB101 08001 SLF 53058 b
720 ILCS 600/3.5
720 ILCS 646/15
720 ILCS 646/20
720 ILCS 646/25
720 ILCS 646/30
720 ILCS 646/35
720 ILCS 646/40
720 ILCS 646/45
720 ILCS 646/50
720 ILCS 646/55
720 ILCS 646/55.1 new
720 ILCS 646/55.2 new
720 ILCS 646/55.3 new
720 ILCS 646/55.4 new
720 ILCS 646/55.5 new
720 ILCS 646/56
720 ILCS 646/60
720 ILCS 646/70
720 ILCS 646/65 rep.
720 ILCS 646/100 rep.
725 ILCS 210/4.01 from Ch. 14, par. 204.01
730 ILCS 5/3-6-3 from Ch. 38, par. 1003-6-3
730 ILCS 5/5-4-1 from Ch. 38, par. 1005-4-1
730 ILCS 5/5-4.5-95
730 ILCS 5/5-5-3
730 ILCS 5/5-6-3.3
SB1971 - 215 - LRB101 08001 SLF 53058 b