Bill Text: IL SB3551 | 2019-2020 | 101st General Assembly | Introduced

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Bill Title: Amends the Criminal Code of 2012. Enhances the penalties for certain violations of the statutes concerning unlawful use or possession of weapons by felons, aggravated unlawful use of a weapon, unlawful possession of a firearm by a street gang member, vehicular hijacking, and aggravated vehicular hijacking. Amends the Unified Code of Corrections. Provides that a prisoner serving a sentence for unlawful use or possession of a weapon by felons or unlawful possession of a firearm by a street gang member shall receive no more than 4.5 days of sentence credit for each month of his or her sentence of imprisonment. Provides that a prisoner serving a sentence for aggravated unlawful use of a weapon, except for a first offense or a first offense in which the offender is at least 18 years of age and illegally carries or possesses a firearm without being issued a currently valid Firearm Owner's Identification Card, shall receive no more than 4.5 days of sentence credit for each month of his or her sentence of imprisonment. Provides that a person convicted of unlawful use or possession of weapons by felons, or persons in the custody of the Department of Corrections facilities, aggravated unlawful use of a weapon by a person who has been previously convicted of a felony in this State or another jurisdiction, or unlawful possession of a firearm by a street gang member is ineligible for the county impact incarceration program.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2021-01-13 - Session Sine Die [SB3551 Detail]

Download: Illinois-2019-SB3551-Introduced.html

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101ST GENERAL ASSEMBLY State of Illinois 2019 and 2020 SB3551 Introduced 2/13/2020, by Sen. John F. Curran SYNOPSIS AS INTRODUCED:
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Amends the Criminal Code of 2012. Enhances the penalties for certain violations of the statutes concerning unlawful use or possession of weapons by felons, aggravated unlawful use of a weapon, unlawful possession of a firearm by a street gang member, vehicular hijacking, and aggravated vehicular hijacking. Amends the Unified Code of Corrections. Provides that a prisoner serving a sentence for unlawful use or possession of a weapon by felons or unlawful possession of a firearm by a street gang member shall receive no more than 4.5 days of sentence credit for each month of his or her sentence of imprisonment. Provides that a prisoner serving a sentence for aggravated unlawful use of a weapon, except for a first offense or a first offense in which the offender is at least 18 years of age and illegally carries or possesses a firearm without being issued a currently valid Firearm Owner's Identification Card, shall receive no more than 4.5 days of sentence credit for each month of his or her sentence of imprisonment. Provides that a person convicted of unlawful use or possession of weapons by felons, or persons in the custody of the Department of Corrections facilities, aggravated unlawful use of a weapon by a person who has been previously convicted of a felony in this State or another jurisdiction, or unlawful possession of a firearm by a street gang member is ineligible for the county impact incarceration program.
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CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY
A BILL FOR
SB3551 LRB101 19869 RLC 69389 b
AN ACT concerning criminal law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Criminal Code of 2012 is amended by changing
Sections 18-3, 18-4, 24-1.1, 24-1.6, and 24-1.8 as follows:
(720 ILCS 5/18-3)
Sec. 18-3. Vehicular hijacking.
(a) A person commits vehicular hijacking when he or she
knowingly takes a motor vehicle from the person or the
immediate presence of another by the use of force or by
threatening the imminent use of force.
(b) Sentence. Vehicular hijacking is a Class 1 felony for
which a term of imprisonment of not less than 5 years shall be
imposed.
(Source: P.A. 97-1108, eff. 1-1-13.)
(720 ILCS 5/18-4)
Sec. 18-4. Aggravated vehicular hijacking.
(a) A person commits aggravated vehicular hijacking when he
or she violates Section 18-3; and
(1) the person from whose immediate presence the motor
vehicle is taken is a person with a physical disability or
a person 60 years of age or over; or

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(2) a person under 16 years of age is a passenger in
the motor vehicle at the time of the offense; or
(3) he or she carries on or about his or her person, or
is otherwise armed with a dangerous weapon, other than a
firearm; or
(4) he or she carries on or about his or her person or
is otherwise armed with a firearm; or
(5) he or she, during the commission of the offense,
personally discharges a firearm; or
(6) he or she, during the commission of the offense,
personally discharges a firearm that proximately causes
great bodily harm, permanent disability, permanent
disfigurement, or death to another person.
(b) Sentence. Aggravated vehicular hijacking in violation
of subsections (a)(1) or (a)(2) is a Class X felony for which a
term of imprisonment of not less than 7 years shall be imposed.
A violation of subsection (a)(3) is a Class X felony for which
a term of imprisonment of not less than 10 7 years shall be
imposed. A violation of subsection (a)(4) is a Class X felony
for which 20 15 years shall be added to the term of
imprisonment imposed by the court. A violation of subsection
(a)(5) is a Class X felony for which 25 20 years shall be added
to the term of imprisonment imposed by the court. A violation
of subsection (a)(6) is a Class X felony for which 30 25 years
or up to a term of natural life shall be added to the term of
imprisonment imposed by the court.

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(Source: P.A. 99-143, eff. 7-27-15.)
(720 ILCS 5/24-1.1) (from Ch. 38, par. 24-1.1)
Sec. 24-1.1. Unlawful use or possession of weapons by
felons or persons in the custody of the Department of
Corrections facilities.
(a) It is unlawful for a person to knowingly possess on or
about his person or on his land or in his own abode or fixed
place of business any weapon prohibited under Section 24-1 of
this Act or any firearm or any firearm ammunition if the person
has been convicted of a felony under the laws of this State or
any other jurisdiction. This Section shall not apply if the
person has been granted relief by the Director of the
Department of State Police under Section 10 of the Firearm
Owners Identification Card Act.
(b) It is unlawful for any person confined in a penal
institution, which is a facility of the Illinois Department of
Corrections, to possess any weapon prohibited under Section
24-1 of this Code or any firearm or firearm ammunition,
regardless of the intent with which he possesses it.
(c) It shall be an affirmative defense to a violation of
subsection (b), that such possession was specifically
authorized by rule, regulation, or directive of the Illinois
Department of Corrections or order issued pursuant thereto.
(d) The defense of necessity is not available to a person
who is charged with a violation of subsection (b) of this

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Section.
(e) Sentence. Violation of this Section by a person not
confined in a penal institution shall be a Class 3 felony for
which the person shall be sentenced to no less than 3 2 years
and no more than 10 years. A second or subsequent violation of
this Section shall be a Class 2 felony for which the person
shall be sentenced to a term of imprisonment of not less than 4
3 years and not more than 14 years, except as provided for in
Section 5-4.5-110 of the Unified Code of Corrections. Violation
of this Section by a person not confined in a penal institution
who has been convicted of a forcible felony, a felony violation
of Article 24 of this Code or of the Firearm Owners
Identification Card Act, stalking or aggravated stalking, or a
Class 2 or greater felony under the Illinois Controlled
Substances Act, the Cannabis Control Act, or the
Methamphetamine Control and Community Protection Act is a Class
2 felony for which the person shall be sentenced to not less
than 4 3 years and not more than 14 years, except as provided
for in Section 5-4.5-110 of the Unified Code of Corrections.
Violation of this Section by a person who is on parole or
mandatory supervised release is a Class 2 felony for which the
person shall be sentenced to not less than 4 3 years and not
more than 14 years, except as provided for in Section 5-4.5-110
of the Unified Code of Corrections. Violation of this Section
by a person not confined in a penal institution is a Class X
felony when the firearm possessed is a machine gun. Any person

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who violates this Section while confined in a penal
institution, which is a facility of the Illinois Department of
Corrections, is guilty of a Class 1 felony, if he possesses any
weapon prohibited under Section 24-1 of this Code regardless of
the intent with which he possesses it, a Class X felony if he
possesses any firearm, firearm ammunition or explosive, and a
Class X felony for which the offender shall be sentenced to not
less than 12 years and not more than 50 years when the firearm
possessed is a machine gun. A violation of this Section while
wearing or in possession of body armor as defined in Section
33F-1 is a Class X felony punishable by a term of imprisonment
of not less than 10 years and not more than 40 years. The
possession of each firearm or firearm ammunition in violation
of this Section constitutes a single and separate violation. A
sentence of county impact incarceration under Section 5-8-1.2
of the Unified Code of Corrections is not authorized for a
violation of this Section.
(Source: P.A. 100-3, eff. 1-1-18.)
(720 ILCS 5/24-1.6)
Sec. 24-1.6. Aggravated unlawful use of a weapon.
(a) A person commits the offense of aggravated unlawful use
of a weapon when he or she knowingly:
(1) Carries on or about his or her person or in any
vehicle or concealed on or about his or her person except
when on his or her land or in his or her abode, legal

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dwelling, or fixed place of business, or on the land or in
the legal dwelling of another person as an invitee with
that person's permission, any pistol, revolver, stun gun or
taser or other firearm; or
(2) Carries or possesses on or about his or her person,
upon any public street, alley, or other public lands within
the corporate limits of a city, village or incorporated
town, except when an invitee thereon or therein, for the
purpose of the display of such weapon or the lawful
commerce in weapons, or except when on his or her own land
or in his or her own abode, legal dwelling, or fixed place
of business, or on the land or in the legal dwelling of
another person as an invitee with that person's permission,
any pistol, revolver, stun gun or taser or other firearm;
and
(3) One of the following factors is present:
(A) the firearm, other than a pistol, revolver, or
handgun, possessed was uncased, loaded, and
immediately accessible at the time of the offense; or
(A-5) the pistol, revolver, or handgun possessed
was uncased, loaded, and immediately accessible at the
time of the offense and the person possessing the
pistol, revolver, or handgun has not been issued a
currently valid license under the Firearm Concealed
Carry Act; or
(B) the firearm, other than a pistol, revolver, or

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handgun, possessed was uncased, unloaded, and the
ammunition for the weapon was immediately accessible
at the time of the offense; or
(B-5) the pistol, revolver, or handgun possessed
was uncased, unloaded, and the ammunition for the
weapon was immediately accessible at the time of the
offense and the person possessing the pistol,
revolver, or handgun has not been issued a currently
valid license under the Firearm Concealed Carry Act; or
(C) the person possessing the firearm has not been
issued a currently valid Firearm Owner's
Identification Card; or
(D) the person possessing the weapon was
previously adjudicated a delinquent minor under the
Juvenile Court Act of 1987 for an act that if committed
by an adult would be a felony; or
(E) the person possessing the weapon was engaged in
a misdemeanor violation of the Cannabis Control Act, in
a misdemeanor violation of the Illinois Controlled
Substances Act, or in a misdemeanor violation of the
Methamphetamine Control and Community Protection Act;
or
(F) (blank); or
(G) the person possessing the weapon had an order
of protection issued against him or her within the
previous 2 years; or

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(H) the person possessing the weapon was engaged in
the commission or attempted commission of a
misdemeanor involving the use or threat of violence
against the person or property of another; or
(I) the person possessing the weapon was under 21
years of age and in possession of a handgun, unless the
person under 21 is engaged in lawful activities under
the Wildlife Code or described in subsection
24-2(b)(1), (b)(3), or 24-2(f).
(a-5) "Handgun" as used in this Section has the meaning
given to it in Section 5 of the Firearm Concealed Carry Act.
(b) "Stun gun or taser" as used in this Section has the
same definition given to it in Section 24-1 of this Code.
(c) This Section does not apply to or affect the
transportation or possession of weapons that:
(i) are broken down in a non-functioning state; or
(ii) are not immediately accessible; or
(iii) are unloaded and enclosed in a case, firearm
carrying box, shipping box, or other container by a person
who has been issued a currently valid Firearm Owner's
Identification Card.
(d) Sentence.
(1) Aggravated unlawful use of a weapon is a Class 4
felony; a second or subsequent offense is a Class 2 felony
for which the person shall be sentenced to a term of
imprisonment of not less than 4 3 years and not more than

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10 7 years, except as provided for in Section 5-4.5-110 of
the Unified Code of Corrections.
(2) Except as otherwise provided in paragraphs (3) and
(4) of this subsection (d), a first offense of aggravated
unlawful use of a weapon committed with a firearm by a
person 18 years of age or older where the factors listed in
both items (A) and (C) or both items (A-5) and (C) of
paragraph (3) of subsection (a) are present is a Class 4
felony, for which the person shall be sentenced to a term
of imprisonment of not less than one year and not more than
3 years.
(3) Aggravated unlawful use of a weapon by a person who
has been previously convicted of a felony in this State or
another jurisdiction is a Class 2 felony for which the
person shall be sentenced to a term of imprisonment of not
less than 4 3 years and not more than 10 7 years, except as
provided for in Section 5-4.5-110 of the Unified Code of
Corrections. A sentence of county impact incarceration
under Section 5-8-1.2 of the Unified Code of Corrections is
not authorized for a violation of this paragraph (3).
(4) Aggravated unlawful use of a weapon while wearing
or in possession of body armor as defined in Section 33F-1
by a person who has not been issued a valid Firearms
Owner's Identification Card in accordance with Section 5 of
the Firearm Owners Identification Card Act is a Class X
felony.

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(e) The possession of each firearm in violation of this
Section constitutes a single and separate violation.
(Source: P.A. 100-3, eff. 1-1-18; 100-201, eff. 8-18-17.)
(720 ILCS 5/24-1.8)
Sec. 24-1.8. Unlawful possession of a firearm by a street
gang member.
(a) A person commits unlawful possession of a firearm by a
street gang member when he or she knowingly:
(1) possesses, carries, or conceals on or about his or
her person a firearm and firearm ammunition while on any
street, road, alley, gangway, sidewalk, or any other lands,
except when inside his or her own abode or inside his or
her fixed place of business, and has not been issued a
currently valid Firearm Owner's Identification Card and is
a member of a street gang; or
(2) possesses or carries in any vehicle a firearm and
firearm ammunition which are both immediately accessible
at the time of the offense while on any street, road,
alley, or any other lands, except when inside his or her
own abode or garage, and has not been issued a currently
valid Firearm Owner's Identification Card and is a member
of a street gang.
(b) Unlawful possession of a firearm by a street gang
member is a Class 2 felony for which the person, if sentenced
to a term of imprisonment, shall be sentenced to no less than 4

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3 years and no more than 10 years. A period of probation, a
term of periodic imprisonment or conditional discharge shall
not be imposed for the offense of unlawful possession of a
firearm by a street gang member when the firearm was loaded or
contained firearm ammunition and the court shall sentence the
offender to not less than the minimum term of imprisonment
authorized for the Class 2 felony. A sentence of county impact
incarceration under Section 5-8-1.2 of the Unified Code of
Corrections is not authorized for a violation of this Section.
(c) For purposes of this Section:
"Street gang" or "gang" has the meaning ascribed to it
in Section 10 of the Illinois Streetgang Terrorism Omnibus
Prevention Act.
"Street gang member" or "gang member" has the meaning
ascribed to it in Section 10 of the Illinois Streetgang
Terrorism Omnibus Prevention Act.
(Source: P.A. 96-829, eff. 12-3-09.)
Section 10. The Unified Code of Corrections is amended by
changing Sections 3-6-3, 5-5-3, and 5-8-1.2 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

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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
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

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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) or with respect to offenses listed in clause
(viii) committed on or after the effective date of this
amendatory Act of the 101st General Assembly, the following:
(i) that a prisoner who is serving a term of
imprisonment for first degree murder or for the offense of
terrorism shall receive no sentence credit and shall serve
the entire sentence imposed by the court;
(ii) that a prisoner serving a sentence for attempt to
commit terrorism, attempt to commit first degree murder,
solicitation of murder, solicitation of murder for hire,
intentional homicide of an unborn child, predatory
criminal sexual assault of a child, aggravated criminal
sexual assault, criminal sexual assault, aggravated
kidnapping, aggravated battery with a firearm as described
in Section 12-4.2 or subdivision (e)(1), (e)(2), (e)(3), or
(e)(4) of Section 12-3.05, heinous battery as described in
Section 12-4.1 or subdivision (a)(2) of Section 12-3.05,
being an armed habitual criminal, aggravated battery of a
senior citizen as described in Section 12-4.6 or
subdivision (a)(4) of Section 12-3.05, or aggravated
battery of a child as described in Section 12-4.3 or
subdivision (b)(1) of Section 12-3.05 shall receive no more
than 4.5 days of sentence credit for each month of his or
her sentence of imprisonment;

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(iii) that a prisoner serving a sentence for home
invasion, armed robbery, aggravated vehicular hijacking,
aggravated discharge of a firearm, or armed violence with a
category I weapon or category II weapon, when the court has
made and entered a finding, pursuant to subsection (c-1) of
Section 5-4-1 of this Code, that the conduct leading to
conviction for the enumerated offense resulted in great
bodily harm to a victim, shall receive no more than 4.5
days of sentence credit for each month of his or her
sentence of imprisonment;
(iv) that a prisoner serving a sentence for aggravated
discharge of a firearm, whether or not the conduct leading
to conviction for the offense resulted in great bodily harm
to the victim, shall receive no more than 4.5 days of
sentence credit for each month of his or her sentence of
imprisonment;
(v) that a person serving a sentence for gunrunning,
narcotics racketeering, controlled substance trafficking,
methamphetamine trafficking, drug-induced homicide,
aggravated methamphetamine-related child endangerment,
money laundering pursuant to clause (c) (4) or (5) of
Section 29B-1 of the Criminal Code of 1961 or the Criminal
Code of 2012, or a Class X felony conviction for delivery
of a controlled substance, possession of a controlled
substance with intent to manufacture or deliver,
calculated criminal drug conspiracy, criminal drug

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conspiracy, street gang criminal drug conspiracy,
participation in methamphetamine manufacturing, aggravated
participation in methamphetamine manufacturing, delivery
of methamphetamine, possession with intent to deliver
methamphetamine, aggravated delivery of methamphetamine,
aggravated possession with intent to deliver
methamphetamine, methamphetamine conspiracy when the
substance containing the controlled substance or
methamphetamine is 100 grams or more shall receive no more
than 7.5 days sentence credit for each month of his or her
sentence of imprisonment;
(vi) that a prisoner serving a sentence for a second or
subsequent offense of luring a minor shall receive no more
than 4.5 days of sentence credit for each month of his or
her sentence of imprisonment; and
(vii) that a prisoner serving a sentence for aggravated
domestic battery shall receive no more than 4.5 days of
sentence credit for each month of his or her sentence of
imprisonment; and .
(viii) that a prisoner serving a sentence for a
violation of Section 24-1.1, 24-1.6, except for a sentence
for a first offense under paragraph (1) of subsection (d)
of Section 24-1.6 or a sentence under paragraph (2) of
subsection (d) of Section 24-1.6, or 24-1.8 of the Criminal
Code of 2012 shall receive no more than 4.5 days of
sentence credit for each month of his or her sentence of

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

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

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subsection (a), the rules and regulations on sentence credit
shall provide that a prisoner who is serving a sentence for
aggravated arson committed on or after July 27, 2001 (the
effective date of Public Act 92-176) shall receive no more than
4.5 days of sentence credit for each month of his or her
sentence of imprisonment.
(2.6) Except as provided in paragraph (4.7) of this
subsection (a), the rules and regulations on sentence credit
shall provide that a prisoner who is serving a sentence for
aggravated driving under the influence of alcohol, other drug
or drugs, or intoxicating compound or compounds or any
combination thereof as defined in subparagraph (C) of paragraph
(1) of subsection (d) of Section 11-501 of the Illinois Vehicle
Code committed on or after January 1, 2011 (the effective date
of Public Act 96-1230) shall receive no more than 4.5 days of
sentence credit for each month of his or her sentence of
imprisonment.
(3) In addition to the sentence credits earned under
paragraphs (2.1), (4), (4.1), 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
State.

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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
Department using a validated instrument; and

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(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)(A) 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
the Department under this paragraph (4) and satisfactorily

SB3551 - 21 - LRB101 19869 RLC 69389 b
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.
(B) The Department shall award sentence credit under this
paragraph (4) accumulated prior to the effective date of this
amendatory Act of the 101st General Assembly in an amount
specified in subparagraph (C) of this paragraph (4) to an
inmate serving a sentence for an offense committed prior to
June 19, 1998, if the Department determines that the inmate is
entitled to this sentence credit, based upon:

SB3551 - 22 - LRB101 19869 RLC 69389 b
(i) documentation provided by the Department that the
inmate engaged in any full-time substance abuse programs,
correctional industry assignments, educational programs,
behavior modification programs, life skills courses, or
re-entry planning provided by the Department under this
paragraph (4) and satisfactorily completed the assigned
program as determined by the standards of the Department
during the inmate's current term of incarceration; or
(ii) the inmate's own testimony in the form of an
affidavit or documentation, or a third party's
documentation or testimony in the form of an affidavit that
the inmate likely engaged in any full-time substance abuse
programs, correctional industry assignments, educational
programs, behavior modification programs, life skills
courses, or re-entry planning provided by the Department
under paragraph (4) and satisfactorily completed the
assigned program as determined by the standards of the
Department during the inmate's current term of
incarceration.
(C) If the inmate can provide documentation that he or she
is entitled to sentence credit under subparagraph (B) in excess
of 45 days of participation in those programs, the inmate shall
receive 90 days of sentence credit. If the inmate cannot
provide documentation of more than 45 days of participation
those programs, the inmate shall receive 45 days of sentence
credit. In the event of a disagreement between the Department

SB3551 - 23 - LRB101 19869 RLC 69389 b
and the inmate as to the amount of credit accumulated under
subparagraph (B), if the Department provides documented proof
of a lesser amount of days of participation in those programs,
that proof shall control. If the Department provides no
documentary proof, the inmate's proof as set forth in clause
(ii) of subparagraph (B) shall control as to the amount of
sentence credit provided.
(D) If the inmate has been convicted of a sex offense as
defined in Section 2 of the Sex Offender Registration Act,
sentencing credits under subparagraph (B) of this paragraph (4)
shall be awarded by the Department only if the conditions set
forth in paragraph (4.6) of subsection (a) are satisfied. No
inmate serving a term of natural life imprisonment shall
receive sentence credit under subparagraph (B) of this
paragraph (4).
Educational, vocational, substance abuse, behavior
modification programs, life skills courses, re-entry planning,
and correctional industry programs under which sentence credit
may be 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
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

SB3551 - 24 - LRB101 19869 RLC 69389 b
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
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

SB3551 - 25 - LRB101 19869 RLC 69389 b
shall be revoked. The Department may also award 90 days of
sentence credit to any committed person who passed high school
equivalency testing while he or she was held in pre-trial
detention prior to the current commitment to the Department of
Corrections.
Except as provided in paragraph (4.7) of this subsection
(a), the rules and regulations shall provide that an additional
180 days of sentence credit shall be awarded to any prisoner
who obtains a bachelor's degree while the prisoner is committed
to the Department of Corrections. The sentence credit awarded
under this paragraph (4.1) shall be in addition to, and shall
not affect, the award of sentence credit under any other
paragraph of this Section, but shall also be under the
guidelines and restrictions set forth in paragraph (4) of this
subsection (a). The sentence credit provided for in this
paragraph shall be available only to those prisoners who have
not earned a bachelor's degree prior to the current commitment
to the Department of Corrections. If, after an award of the
bachelor's degree sentence credit has been made, the Department
determines that the prisoner was not eligible, then the award
shall be revoked. The Department may also award 180 days of
sentence credit to any committed person who earned a bachelor's
degree while he or she was held in pre-trial detention prior to
the current commitment to the Department of Corrections.
Except as provided in paragraph (4.7) of this subsection
(a), the rules and regulations shall provide that an additional

SB3551 - 26 - LRB101 19869 RLC 69389 b
180 days of sentence credit shall be awarded to any prisoner
who obtains a master's or professional degree while the
prisoner is committed to the Department of Corrections. The
sentence credit awarded under this paragraph (4.1) shall be in
addition to, and shall not affect, the award of sentence credit
under any other paragraph of this Section, but shall also be
under the guidelines and restrictions set forth in paragraph
(4) of this subsection (a). The sentence credit provided for in
this paragraph shall be available only to those prisoners who
have not previously earned a master's or professional degree
prior to the current commitment to the Department of
Corrections. If, after an award of the master's or professional
degree sentence credit has been made, the Department determines
that the prisoner was not eligible, then the award shall be
revoked. The Department may also award 180 days of sentence
credit to any committed person who earned a master's or
professional degree while he or she was held in pre-trial
detention prior to the current commitment to the Department of
Corrections.
(4.5) 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

SB3551 - 27 - LRB101 19869 RLC 69389 b
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
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

SB3551 - 28 - LRB101 19869 RLC 69389 b
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
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%.
(iii) 100% of his or her sentence if the prisoner is
required to serve 100% of his or her sentence.
(5) Whenever the Department is to release any inmate
earlier than it otherwise would because of a grant of earned
sentence credit under paragraph (3) of subsection (a) of this
Section given at any time during the term, the Department shall
give reasonable notice of the impending release not less than
14 days prior to the date of the release to the State's

SB3551 - 29 - LRB101 19869 RLC 69389 b
Attorney of the county where the prosecution of the inmate took
place, and if applicable, the State's Attorney of the county
into which the inmate will be released. The Department must
also make identification information and a recent photo of the
inmate being released accessible on the Internet by means of a
hyperlink labeled "Community Notification of Inmate Early
Release" on the Department's World Wide Web homepage. The
identification information shall include the inmate's: name,
any known alias, date of birth, physical characteristics,
commitment offense and county where conviction was imposed. The
identification information shall be placed on the website
within 3 days of the inmate's release and the information may
not be removed until either: completion of the first year of
mandatory supervised release or return of the inmate to custody
of the Department.
(b) Whenever a person is or has been committed under
several convictions, with separate sentences, the sentences
shall be construed under Section 5-8-4 in granting and
forfeiting of sentence credit.
(c) 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

SB3551 - 30 - LRB101 19869 RLC 69389 b
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
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

SB3551 - 31 - LRB101 19869 RLC 69389 b
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,
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;

SB3551 - 32 - LRB101 19869 RLC 69389 b
(B) it is being presented for any improper purpose,
such as to harass or to cause unnecessary delay or
needless increase in the cost of litigation;
(C) the claims, defenses, and other legal
contentions therein are not warranted by existing law
or by a nonfrivolous argument for the extension,
modification, or reversal of existing law or the
establishment of new law;
(D) the allegations and other factual contentions
do not have evidentiary support or, if specifically so
identified, are not likely to have evidentiary support
after a reasonable opportunity for further
investigation or discovery; or
(E) the denials of factual contentions are not
warranted on the evidence, or if specifically so
identified, are not reasonably based on a lack of
information or belief.
(2) "Lawsuit" means a motion pursuant to Section 116-3
of the Code of Criminal Procedure of 1963, a habeas corpus
action under Article X of the Code of Civil Procedure or
under federal law (28 U.S.C. 2254), a petition for claim
under the Court of Claims Act, an action under the federal
Civil Rights Act (42 U.S.C. 1983), or a second or
subsequent petition for post-conviction relief under
Article 122 of the Code of Criminal Procedure of 1963
whether filed with or without leave of court or a second or

SB3551 - 33 - LRB101 19869 RLC 69389 b
subsequent petition for relief from judgment under Section
2-1401 of the Code of Civil Procedure.
(e) Nothing in Public Act 90-592 or 90-593 affects the
validity of Public Act 89-404.
(f) Whenever the Department is to release any inmate who
has been convicted of a violation of an order of protection
under Section 12-3.4 or 12-30 of the Criminal Code of 1961 or
the Criminal Code of 2012, earlier than it otherwise would
because of a grant of sentence credit, the Department, as a
condition of release, shall require that the person, upon
release, be placed under electronic surveillance as provided in
Section 5-8A-7 of this Code.
(Source: P.A. 100-3, eff. 1-1-18; 100-575, eff. 1-8-18;
101-440, eff. 1-1-20.)
(730 ILCS 5/5-5-3)
Sec. 5-5-3. Disposition.
(a) (Blank).
(b) (Blank).
(c) (1) (Blank).
(2) A period of probation, a term of periodic imprisonment
or conditional discharge shall not be imposed for the following
offenses. The court shall sentence the offender to not less
than the minimum term of imprisonment set forth in this Code
for the following offenses, and may order a fine or restitution
or both in conjunction with such term of imprisonment:

SB3551 - 34 - LRB101 19869 RLC 69389 b
(A) First degree murder where the death penalty is not
imposed.
(B) Attempted first degree murder.
(C) A Class X felony.
(D) A violation of Section 401.1 or 407 of the Illinois
Controlled Substances Act, or a violation of subdivision
(c)(1.5) of Section 401 of that Act which relates to more
than 5 grams of a substance containing fentanyl or an
analog thereof.
(D-5) A violation of subdivision (c)(1) of Section 401
of the Illinois Controlled Substances Act which relates to
3 or more grams of a substance containing heroin or an
analog thereof.
(E) (Blank).
(F) A Class 1 or greater felony if the offender had
been convicted of a Class 1 or greater felony, including
any state or federal conviction for an offense that
contained, at the time it was committed, the same elements
as an offense now (the date of the offense committed after
the prior Class 1 or greater felony) classified as a Class
1 or greater felony, within 10 years of the date on which
the offender committed the offense for which he or she is
being sentenced, except as otherwise provided in Section
40-10 of the Substance Use Disorder Act.
(F-3) A Class 2 or greater felony sex offense or felony
firearm offense if the offender had been convicted of a

SB3551 - 35 - LRB101 19869 RLC 69389 b
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,
or 24-1.8 of the Criminal Code of 1961 or the Criminal Code
of 2012 for which imprisonment is prescribed in those
Sections.
(G) Residential burglary, except as otherwise provided
in Section 40-10 of the Substance Use Disorder Act.
(H) Criminal sexual assault.
(I) Aggravated battery of a senior citizen as described
in Section 12-4.6 or subdivision (a)(4) of Section 12-3.05
of the Criminal Code of 1961 or the Criminal Code of 2012.
(J) A forcible felony if the offense was related to the
activities of an organized gang.
Before July 1, 1994, for the purposes of this
paragraph, "organized gang" means an association of 5 or
more persons, with an established hierarchy, that
encourages members of the association to perpetrate crimes
or provides support to the members of the association who

SB3551 - 36 - LRB101 19869 RLC 69389 b
do commit crimes.
Beginning July 1, 1994, for the purposes of this
paragraph, "organized gang" has the meaning ascribed to it
in Section 10 of the Illinois Streetgang Terrorism Omnibus
Prevention Act.
(K) Vehicular hijacking.
(L) A second or subsequent conviction for the offense
of hate crime when the underlying offense upon which the
hate crime is based is felony aggravated assault or felony
mob action.
(M) A second or subsequent conviction for the offense
of institutional vandalism if the damage to the property
exceeds $300.
(N) A Class 3 felony violation of paragraph (1) of
subsection (a) of Section 2 of the Firearm Owners
Identification Card Act.
(O) A violation of Section 12-6.1 or 12-6.5 of the
Criminal Code of 1961 or the Criminal Code of 2012.
(P) A violation of paragraph (1), (2), (3), (4), (5),
or (7) of subsection (a) of Section 11-20.1 of the Criminal
Code of 1961 or the Criminal Code of 2012.
(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.

SB3551 - 37 - LRB101 19869 RLC 69389 b
(S) (Blank).
(T) (Blank).
(U) A second or subsequent violation of Section 6-303
of the Illinois Vehicle Code committed while his or her
driver's license, permit, or privilege was revoked because
of a violation of Section 9-3 of the Criminal Code of 1961
or the Criminal Code of 2012, relating to the offense of
reckless homicide, or a similar provision of a law of
another state.
(V) A violation of paragraph (4) of subsection (c) of
Section 11-20.1B or paragraph (4) of subsection (c) of
Section 11-20.3 of the Criminal Code of 1961, or paragraph
(6) of subsection (a) of Section 11-20.1 of the Criminal
Code of 2012 when the victim is under 13 years of age and
the defendant has previously been convicted under the laws
of this State or any other state of the offense of child
pornography, aggravated child pornography, aggravated
criminal sexual abuse, aggravated criminal sexual assault,
predatory criminal sexual assault of a child, or any of the
offenses formerly known as rape, deviate sexual assault,
indecent liberties with a child, or aggravated indecent
liberties with a child where the victim was under the age
of 18 years or an offense that is substantially equivalent
to those offenses.
(W) A violation of Section 24-3.5 of the Criminal Code
of 1961 or the Criminal Code of 2012.

SB3551 - 38 - LRB101 19869 RLC 69389 b
(X) A violation of subsection (a) of Section 31-1a of
the Criminal Code of 1961 or the Criminal Code of 2012.
(Y) A conviction for unlawful possession of a firearm
by a street gang member when the firearm was loaded or
contained firearm ammunition.
(Z) A Class 1 felony committed while he or she was
serving a term of probation or conditional discharge for a
felony.
(AA) Theft of property exceeding $500,000 and not
exceeding $1,000,000 in value.
(BB) Laundering of criminally derived property of a
value exceeding $500,000.
(CC) Knowingly selling, offering for sale, holding for
sale, or using 2,000 or more counterfeit items or
counterfeit items having a retail value in the aggregate of
$500,000 or more.
(DD) A conviction for aggravated assault under
paragraph (6) of subsection (c) of Section 12-2 of the
Criminal Code of 1961 or the Criminal Code of 2012 if the
firearm is aimed toward the person against whom the firearm
is being used.
(EE) A conviction for a violation of paragraph (2) of
subsection (a) of Section 24-3B of the Criminal Code of
2012.
(3) (Blank).
(4) A minimum term of imprisonment of not less than 10

SB3551 - 39 - LRB101 19869 RLC 69389 b
consecutive days or 30 days of community service shall be
imposed for a violation of paragraph (c) of Section 6-303 of
the Illinois Vehicle Code.
(4.1) (Blank).
(4.2) Except as provided in paragraphs (4.3) and (4.8) of
this subsection (c), a minimum of 100 hours of community
service shall be imposed for a second violation of Section
6-303 of the Illinois Vehicle Code.
(4.3) A minimum term of imprisonment of 30 days or 300
hours of community service, as determined by the court, shall
be imposed for a second violation of subsection (c) of Section
6-303 of the Illinois Vehicle Code.
(4.4) Except as provided in paragraphs (4.5), (4.6), and
(4.9) of this subsection (c), a minimum term of imprisonment of
30 days or 300 hours of community service, as determined by the
court, shall be imposed for a third or subsequent violation of
Section 6-303 of the Illinois Vehicle Code. The court may give
credit toward the fulfillment of community service hours for
participation in activities and treatment as determined by
court services.
(4.5) A minimum term of imprisonment of 30 days shall be
imposed for a third violation of subsection (c) of Section
6-303 of the Illinois Vehicle Code.
(4.6) Except as provided in paragraph (4.10) of this
subsection (c), a minimum term of imprisonment of 180 days
shall be imposed for a fourth or subsequent violation of

SB3551 - 40 - LRB101 19869 RLC 69389 b
subsection (c) of Section 6-303 of the Illinois Vehicle Code.
(4.7) A minimum term of imprisonment of not less than 30
consecutive days, or 300 hours of community service, shall be
imposed for a violation of subsection (a-5) of Section 6-303 of
the Illinois Vehicle Code, as provided in subsection (b-5) of
that Section.
(4.8) A mandatory prison sentence shall be imposed for a
second violation of subsection (a-5) of Section 6-303 of the
Illinois Vehicle Code, as provided in subsection (c-5) of that
Section. The person's driving privileges shall be revoked for a
period of not less than 5 years from the date of his or her
release from prison.
(4.9) A mandatory prison sentence of not less than 4 and
not more than 15 years shall be imposed for a third violation
of subsection (a-5) of Section 6-303 of the Illinois Vehicle
Code, as provided in subsection (d-2.5) of that Section. The
person's driving privileges shall be revoked for the remainder
of his or her life.
(4.10) A mandatory prison sentence for a Class 1 felony
shall be imposed, and the person shall be eligible for an
extended term sentence, for a fourth or subsequent violation of
subsection (a-5) of Section 6-303 of the Illinois Vehicle Code,
as provided in subsection (d-3.5) of that Section. The person's
driving privileges shall be revoked for the remainder of his or
her life.
(5) The court may sentence a corporation or unincorporated

SB3551 - 41 - LRB101 19869 RLC 69389 b
association convicted of any offense to:
(A) a period of conditional discharge;
(B) a fine;
(C) make restitution to the victim under Section 5-5-6
of this Code.
(5.1) In addition to any other penalties imposed, and
except as provided in paragraph (5.2) or (5.3), a person
convicted of violating subsection (c) of Section 11-907 of the
Illinois Vehicle Code shall have his or her driver's license,
permit, or privileges suspended for at least 90 days but not
more than one year, if the violation resulted in damage to the
property of another person.
(5.2) In addition to any other penalties imposed, and
except as provided in paragraph (5.3), a person convicted of
violating subsection (c) of Section 11-907 of the Illinois
Vehicle Code shall have his or her driver's license, permit, or
privileges suspended for at least 180 days but not more than 2
years, if the violation resulted in injury to another person.
(5.3) In addition to any other penalties imposed, a person
convicted of violating subsection (c) of Section 11-907 of the
Illinois Vehicle Code shall have his or her driver's license,
permit, or privileges suspended for 2 years, if the violation
resulted in the death of another person.
(5.4) In addition to any other penalties imposed, a person
convicted of violating Section 3-707 of the Illinois Vehicle
Code shall have his or her driver's license, permit, or

SB3551 - 42 - LRB101 19869 RLC 69389 b
privileges suspended for 3 months and until he or she has paid
a reinstatement fee of $100.
(5.5) In addition to any other penalties imposed, a person
convicted of violating Section 3-707 of the Illinois Vehicle
Code during a period in which his or her driver's license,
permit, or privileges were suspended for a previous violation
of that Section shall have his or her driver's license, permit,
or privileges suspended for an additional 6 months after the
expiration of the original 3-month suspension and until he or
she has paid a reinstatement fee of $100.
(6) (Blank).
(7) (Blank).
(8) (Blank).
(9) A defendant convicted of a second or subsequent offense
of ritualized abuse of a child may be sentenced to a term of
natural life imprisonment.
(10) (Blank).
(11) The court shall impose a minimum fine of $1,000 for a
first offense and $2,000 for a second or subsequent offense
upon a person convicted of or placed on supervision for battery
when the individual harmed was a sports official or coach at
any level of competition and the act causing harm to the sports
official or coach occurred within an athletic facility or
within the immediate vicinity of the athletic facility at which
the sports official or coach was an active participant of the
athletic contest held at the athletic facility. For the

SB3551 - 43 - LRB101 19869 RLC 69389 b
purposes of this paragraph (11), "sports official" means a
person at an athletic contest who enforces the rules of the
contest, such as an umpire or referee; "athletic facility"
means an indoor or outdoor playing field or recreational area
where sports activities are conducted; and "coach" means a
person recognized as a coach by the sanctioning authority that
conducted the sporting event.
(12) A person may not receive a disposition of court
supervision for a violation of Section 5-16 of the Boat
Registration and Safety Act if that person has previously
received a disposition of court supervision for a violation of
that Section.
(13) A person convicted of or placed on court supervision
for an assault or aggravated assault when the victim and the
offender are family or household members as defined in Section
103 of the Illinois Domestic Violence Act of 1986 or convicted
of domestic battery or aggravated domestic battery may be
required to attend a Partner Abuse Intervention Program under
protocols set forth by the Illinois Department of Human
Services under such terms and conditions imposed by the court.
The costs of such classes shall be paid by the offender.
(d) In any case in which a sentence originally imposed is
vacated, the case shall be remanded to the trial court. The
trial court shall hold a hearing under Section 5-4-1 of this
Code which may include evidence of the defendant's life, moral
character and occupation during the time since the original

SB3551 - 44 - LRB101 19869 RLC 69389 b
sentence was passed. The trial court shall then impose sentence
upon the defendant. The trial court may impose any sentence
which could have been imposed at the original trial subject to
Section 5-5-4 of this Code. If a sentence is vacated on appeal
or on collateral attack due to the failure of the trier of fact
at trial to determine beyond a reasonable doubt the existence
of a fact (other than a prior conviction) necessary to increase
the punishment for the offense beyond the statutory maximum
otherwise applicable, either the defendant may be re-sentenced
to a term within the range otherwise provided or, if the State
files notice of its intention to again seek the extended
sentence, the defendant shall be afforded a new trial.
(e) In cases where prosecution for aggravated criminal
sexual abuse under Section 11-1.60 or 12-16 of the Criminal
Code of 1961 or the Criminal Code of 2012 results in conviction
of a defendant who was a family member of the victim at the
time of the commission of the offense, the court shall consider
the safety and welfare of the victim and may impose a sentence
of probation only where:
(1) the court finds (A) or (B) or both are appropriate:
(A) the defendant is willing to undergo a court
approved counseling program for a minimum duration of 2
years; or
(B) the defendant is willing to participate in a
court approved plan including but not limited to the
defendant's:

SB3551 - 45 - LRB101 19869 RLC 69389 b
(i) removal from the household;
(ii) restricted contact with the victim;
(iii) continued financial support of the
family;
(iv) restitution for harm done to the victim;
and
(v) compliance with any other measures that
the court may deem appropriate; and
(2) the court orders the defendant to pay for the
victim's counseling services, to the extent that the court
finds, after considering the defendant's income and
assets, that the defendant is financially capable of paying
for such services, if the victim was under 18 years of age
at the time the offense was committed and requires
counseling as a result of the offense.
Probation may be revoked or modified pursuant to Section
5-6-4; except where the court determines at the hearing that
the defendant violated a condition of his or her probation
restricting contact with the victim or other family members or
commits another offense with the victim or other family
members, the court shall revoke the defendant's probation and
impose a term of imprisonment.
For the purposes of this Section, "family member" and
"victim" shall have the meanings ascribed to them in Section
11-0.1 of the Criminal Code of 2012.
(f) (Blank).

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(g) Whenever a defendant is convicted of an offense under
Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-14,
11-14.3, 11-14.4 except for an offense that involves keeping a
place of juvenile prostitution, 11-15, 11-15.1, 11-16, 11-17,
11-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 12-13, 12-14,
12-14.1, 12-15 or 12-16 of the Criminal Code of 1961 or the
Criminal Code of 2012, the defendant shall undergo medical
testing to determine whether the defendant has any sexually
transmissible disease, including a test for infection with
human immunodeficiency virus (HIV) or any other identified
causative agent of acquired immunodeficiency syndrome (AIDS).
Any such medical test shall be performed only by appropriately
licensed medical practitioners and may include an analysis of
any bodily fluids as well as an examination of the defendant's
person. Except as otherwise provided by law, the results of
such test shall be kept strictly confidential by all medical
personnel involved in the testing and must be personally
delivered in a sealed envelope to the judge of the court in
which the conviction was entered for the judge's inspection in
camera. Acting in accordance with the best interests of the
victim and the public, the judge shall have the discretion to
determine to whom, if anyone, the results of the testing may be
revealed. The court shall notify the defendant of the test
results. The court shall also notify the victim if requested by
the victim, and if the victim is under the age of 15 and if
requested by the victim's parents or legal guardian, the court

SB3551 - 47 - LRB101 19869 RLC 69389 b
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
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

SB3551 - 48 - LRB101 19869 RLC 69389 b
Section 1 or 2 of the Hypodermic Syringes and Needles Act, the
defendant shall undergo medical testing to determine whether
the defendant has been exposed to human immunodeficiency virus
(HIV) or any other identified causative agent of acquired
immunodeficiency syndrome (AIDS). Except as otherwise provided
by law, the results of such test shall be kept strictly
confidential by all medical personnel involved in the testing
and must be personally delivered in a sealed envelope to the
judge of the court in which the conviction was entered for the
judge's inspection in camera. Acting in accordance with the
best interests of the public, the judge shall have the
discretion to determine to whom, if anyone, the results of the
testing may be revealed. The court shall notify the defendant
of a positive test showing an infection with the human
immunodeficiency virus (HIV). The court shall provide
information on the availability of HIV testing and counseling
at Department of Public Health facilities to all parties to
whom the results of the testing are revealed and shall direct
the State's Attorney to provide the information to the victim
when possible. 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

SB3551 - 49 - LRB101 19869 RLC 69389 b
of any such test shall be paid by the county and may be taxed as
costs against the convicted defendant.
(i) All fines and penalties imposed under this Section for
any violation of Chapters 3, 4, 6, and 11 of the Illinois
Vehicle Code, or a similar provision of a local ordinance, and
any violation of the Child Passenger Protection Act, or a
similar provision of a local ordinance, shall be collected and
disbursed by the circuit clerk as provided under the Criminal
and Traffic Assessment Act.
(j) In cases when prosecution for any violation of Section
11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-8, 11-9,
11-11, 11-14, 11-14.3, 11-14.4, 11-15, 11-15.1, 11-16, 11-17,
11-17.1, 11-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 11-20.1,
11-20.1B, 11-20.3, 11-21, 11-30, 11-40, 12-13, 12-14, 12-14.1,
12-15, or 12-16 of the Criminal Code of 1961 or the Criminal
Code of 2012, any violation of the Illinois Controlled
Substances Act, any violation of the Cannabis Control Act, or
any violation of the Methamphetamine Control and Community
Protection Act results in conviction, a disposition of court
supervision, or an order of probation granted under Section 10
of the Cannabis Control Act, Section 410 of the Illinois
Controlled Substances Act, or Section 70 of the Methamphetamine
Control and Community Protection Act of a defendant, the court
shall determine whether the defendant is employed by a facility
or center as defined under the Child Care Act of 1969, a public
or private elementary or secondary school, or otherwise works

SB3551 - 50 - LRB101 19869 RLC 69389 b
with children under 18 years of age on a daily basis. When a
defendant is so employed, the court shall order the Clerk of
the Court to send a copy of the judgment of conviction or order
of supervision or probation to the defendant's employer by
certified mail. If the employer of the defendant is a school,
the Clerk of the Court shall direct the mailing of a copy of
the judgment of conviction or order of supervision or probation
to the appropriate regional superintendent of schools. The
regional superintendent of schools shall notify the State Board
of Education of any notification under this subsection.
(j-5) A defendant at least 17 years of age who is convicted
of a felony and who has not been previously convicted of a
misdemeanor or felony and who is sentenced to a term of
imprisonment in the Illinois Department of Corrections shall as
a condition of his or her sentence be required by the court to
attend educational courses designed to prepare the defendant
for a high school diploma and to work toward a high school
diploma or to work toward passing high school equivalency
testing or to work toward completing a vocational training
program offered by the Department of Corrections. If a
defendant fails to complete the educational training required
by his or her sentence during the term of incarceration, the
Prisoner Review Board shall, as a condition of mandatory
supervised release, require the defendant, at his or her own
expense, to pursue a course of study toward a high school
diploma or passage of high school equivalency testing. The

SB3551 - 51 - LRB101 19869 RLC 69389 b
Prisoner Review Board shall revoke the mandatory supervised
release of a defendant who wilfully fails to comply with this
subsection (j-5) upon his or her release from confinement in a
penal institution while serving a mandatory supervised release
term; however, the inability of the defendant after making a
good faith effort to obtain financial aid or pay for the
educational training shall not be deemed a wilful failure to
comply. The Prisoner Review Board shall recommit the defendant
whose mandatory supervised release term has been revoked under
this subsection (j-5) as provided in Section 3-3-9. This
subsection (j-5) does not apply to a defendant who has a high
school diploma or has successfully passed high school
equivalency testing. This subsection (j-5) does not apply to a
defendant who is determined by the court to be a person with a
developmental disability or otherwise mentally incapable of
completing the educational or vocational program.
(k) (Blank).
(l) (A) Except as provided in paragraph (C) of subsection
(l), whenever a defendant, who is 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

SB3551 - 52 - LRB101 19869 RLC 69389 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.
Otherwise, the defendant shall be sentenced as provided in
this Chapter V.
(B) If the defendant has already been sentenced for a
felony or misdemeanor offense, or has been placed on probation
under Section 10 of the Cannabis Control Act, Section 410 of
the Illinois Controlled Substances Act, or Section 70 of the
Methamphetamine Control and Community Protection Act, the
court may, upon motion of the State's Attorney to suspend the
sentence imposed, commit the defendant to the custody of the
Attorney General of the United States or his or her designated
agent when:
(1) a final order of deportation has been issued
against the defendant pursuant to proceedings under the
Immigration and Nationality Act, and
(2) the deportation of the defendant would not
deprecate the seriousness of the defendant's conduct and
would not be inconsistent with the ends of justice.
(C) This subsection (l) does not apply to offenders who are
subject to the provisions of paragraph (2) of subsection (a) of
Section 3-6-3.
(D) Upon motion of the State's Attorney, if a defendant

SB3551 - 53 - LRB101 19869 RLC 69389 b
sentenced under this Section returns to the jurisdiction of the
United States, the defendant shall be recommitted to the
custody of the county from which he or she was sentenced.
Thereafter, the defendant shall be brought before the
sentencing court, which may impose any sentence that was
available under Section 5-5-3 at the time of initial
sentencing. In addition, the defendant shall not be eligible
for additional earned sentence credit as provided under Section
3-6-3.
(m) A person convicted of criminal defacement of property
under Section 21-1.3 of the Criminal Code of 1961 or the
Criminal Code of 2012, in which the property damage exceeds
$300 and the property damaged is a school building, shall be
ordered to perform community service that may include cleanup,
removal, or painting over the defacement.
(n) The court may sentence a person convicted of a
violation of Section 12-19, 12-21, 16-1.3, or 17-56, or
subsection (a) or (b) of Section 12-4.4a, of the Criminal Code
of 1961 or the Criminal Code of 2012 (i) to an impact
incarceration program if the person is otherwise eligible for
that program under Section 5-8-1.1, (ii) to community service,
or (iii) if the person has a substance use disorder, as defined
in the Substance Use Disorder Act, to a treatment program
licensed under that Act.
(o) Whenever a person is convicted of a sex offense as
defined in Section 2 of the Sex Offender Registration Act, the

SB3551 - 54 - LRB101 19869 RLC 69389 b
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. 100-575, eff. 1-8-18; 100-759, eff. 1-1-19;
100-987, eff. 7-1-19; 101-81, eff. 7-12-19.)
(730 ILCS 5/5-8-1.2)
Sec. 5-8-1.2. County impact incarceration.
(a) Legislative intent. It is the finding of the General
Assembly that certain non-violent offenders eligible for
sentences of incarceration may benefit from the rehabilitative
aspects of a county impact incarceration program. It is the
intent of the General Assembly that such programs be
implemented as provided by this Section. This Section shall not
be construed to allow violent offenders to participate in a
county impact incarceration program.
(b) Under the direction of the Sheriff and with the
approval of the County Board of Commissioners, the Sheriff, in
any county with more than 3,000,000 inhabitants, may establish
and operate a county impact incarceration program for eligible
offenders. If the court finds under Section 5-4-1 that an
offender convicted of a felony meets the eligibility
requirements of the Sheriff's county impact incarceration
program, the court may sentence the offender to the county
impact incarceration program. The Sheriff shall be responsible
for monitoring all offenders who are sentenced to the county

SB3551 - 55 - LRB101 19869 RLC 69389 b
impact incarceration program, including the mandatory period
of monitored release following the 120 to 180 days of impact
incarceration. Offenders assigned to the county impact
incarceration program under an intergovernmental agreement
between the county and the Illinois Department of Corrections
are exempt from the provisions of this mandatory period of
monitored release. In the event the offender is not accepted
for placement in the county impact incarceration program, the
court shall proceed to sentence the offender to any other
disposition authorized by this Code. If the offender does not
successfully complete the program, the offender's failure to do
so shall constitute a violation of the sentence to the county
impact incarceration program.
(c) In order to be eligible to be sentenced to a county
impact incarceration program by the court, the person shall
meet all of the following requirements:
(1) The person must be not less than 17 years of age
nor more than 35 years of age.
(2) The person has not previously participated in the
impact incarceration program and has not previously served
more than one prior sentence of imprisonment for a felony
in an adult correctional facility.
(3) The person has not been convicted of a Class X
felony, first or second degree murder, armed violence,
aggravated kidnapping, criminal sexual assault, aggravated
criminal sexual abuse or a subsequent conviction for

SB3551 - 56 - LRB101 19869 RLC 69389 b
criminal sexual abuse, forcible detention, or arson,
unlawful use or possession of weapons by felons or persons
in the custody of the Department of Corrections facilities,
aggravated unlawful use of a weapon by a person who has
been previously convicted of a felony in this State or
another jurisdiction, or unlawful possession of a firearm
by a street gang member and has not been convicted
previously of any of those offenses.
(4) The person has been found in violation of probation
for an offense that is a Class 2, 3, or 4 felony that is not
a forcible felony as defined in Section 2-8 of the Criminal
Code of 2012 or a violent crime as defined in subsection
(c) of Section 3 of the Rights of Crime Victims and
Witnesses Act who otherwise could be sentenced to a term of
incarceration; or the person is convicted of an offense
that is a Class 2, 3, or 4 felony that is not a forcible
felony as defined in Section 2-8 of the Criminal Code of
2012 or a violent crime as defined in subsection (c) of
Section 3 of the Rights of Crime Victims and Witnesses Act
who has previously served a sentence of probation for any
felony offense and who otherwise could be sentenced to a
term of incarceration.
(5) The person must be physically able to participate
in strenuous physical activities or labor.
(6) The person must not have any mental disorder or
disability that would prevent participation in a county

SB3551 - 57 - LRB101 19869 RLC 69389 b
impact incarceration program.
(7) The person was recommended and approved for
placement in the county impact incarceration program by the
Sheriff and consented in writing to participation in the
county impact incarceration program and to the terms and
conditions of the program. The Sheriff may consider, among
other matters, whether the person has any outstanding
detainers or warrants, whether the person has a history of
escaping or absconding, whether participation in the
county impact incarceration program may pose a risk to the
safety or security of any person and whether space is
available.
(c-5) The county impact incarceration program shall
include, among other matters, mandatory physical training and
labor, military formation and drills, regimented activities,
uniformity of dress and appearance, education and counseling,
including drug counseling where appropriate.
(d) Privileges including visitation, commissary, receipt
and retention of property and publications and access to
television, radio, and a library may be suspended or
restricted, notwithstanding provisions to the contrary in this
Code.
(e) The Sheriff shall issue written rules and requirements
for the program. Persons shall be informed of rules of behavior
and conduct. Persons participating in the county impact
incarceration program shall adhere to all rules and all

SB3551 - 58 - LRB101 19869 RLC 69389 b
requirements of the program.
(f) Participation in the county impact incarceration
program shall be for a period of 120 to 180 days followed by a
mandatory term of monitored release for at least 8 months and
no more than 12 months supervised by the Sheriff. The period of
time a person shall serve in the impact incarceration program
shall not be reduced by the accumulation of good time. The
court may also sentence the person to a period of probation to
commence at the successful completion of the county impact
incarceration program.
(g) If the person successfully completes the county impact
incarceration program, the Sheriff shall certify the person's
successful completion of the program to the court and to the
county's State's Attorney. Upon successful completion of the
county impact incarceration program and mandatory term of
monitored release and if there is an additional period of
probation given, the person shall at that time begin his or her
probationary sentence under the supervision of the Adult
Probation Department.
(h) A person may be removed from the county impact
incarceration program for a violation of the terms or
conditions of the program or in the event he or she is for any
reason unable to participate. The failure to complete the
program for any reason, including the 8 to 12 month monitored
release period, shall be deemed a violation of the county
impact incarceration sentence. The Sheriff shall give notice to

SB3551 - 59 - LRB101 19869 RLC 69389 b
the State's Attorney of the person's failure to complete the
program. The Sheriff shall file a petition for violation of the
county impact incarceration sentence with the court and the
State's Attorney may proceed on the petition under Section
5-6-4 of this Code. The Sheriff shall promulgate rules and
regulations governing conduct which could result in removal
from the program or in a determination that the person has not
successfully completed the program.
The mandatory conditions of every county impact
incarceration sentence shall include that the person either
while in the program or during the period of monitored release:
(1) not violate any criminal statute of any
jurisdiction;
(2) report or appear in person before any such person
or agency as directed by the court or the Sheriff;
(3) refrain from possessing a firearm or other
dangerous weapon;
(4) not leave the State without the consent of the
court or, in circumstances in which the reason for the
absence is of such an emergency nature that prior consent
by the court is not possible, without the prior
notification and approval of the Sheriff; and
(5) permit representatives of the Sheriff to visit at
the person's home or elsewhere to the extent necessary for
the Sheriff to monitor compliance with the program. Persons
shall have access to such rules, which shall provide that a

SB3551 - 60 - LRB101 19869 RLC 69389 b
person shall receive notice of any such violation.
(i) The Sheriff may terminate the county impact
incarceration program at any time.
(j) The Sheriff shall report to the county board on or
before September 30th of each year on the county impact
incarceration program, including the composition of the
program by the offenders, by county of commitment, sentence,
age, offense, and race.
(Source: P.A. 100-201, eff. 8-18-17.)
SB3551 - 61 - LRB101 19869 RLC 69389 b
INDEX
Statutes amended in order of appearance