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| | 103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB4332 Introduced , by Rep. John M. Cabello SYNOPSIS AS INTRODUCED:
| | 720 ILCS 5/24-1.1 | from Ch. 38, par. 24-1.1 | 720 ILCS 5/24-3 | from Ch. 38, par. 24-3 | 730 ILCS 5/5-4.5-95 | | 730 ILCS 5/5-5-3 | |
| Amends the Criminal Code of 2012. Increases penalties for unlawful use or possession of weapons by felons or persons in the custody of the Department of Corrections facilities. Provides that a person commits unlawful sale or delivery of firearms when he or she knowingly: (1) sells or gives a firearm to a person who has been convicted of a felony or who is a streetgang member or (2) sells or gives a firearm that has been purchased or acquired out of state to a person who has been convicted of a felony or is a streetgang member. Provides that a violation is a Class 1 felony. Provides that a second or subsequent violation is non-probationable. Amends the Unified Code of Corrections. Deletes a provision that the first offense had to be committed when the person was 21 years of age or older to be adjudged a habitual criminal. Provides that a person who attained the age of 18 at the time of the third offense may be adjudged a habitual criminal. In the Class X sentencing provision for a defendant over 21 years of age who is convicted of a Class 1 or Class 2 felony after twice being convicted of a Class 1 or Class 2 felony, deletes a provision that the first offense had to be committed when the person was 21 years of age or older and deletes a provision that the offenses had to be forcible felonies. Exempts theft from this calculation. | |
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| | A BILL FOR |
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| 1 | | AN ACT concerning criminal law.
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| 2 | | Be it enacted by the People of the State of Illinois, |
| 3 | | represented in the General Assembly:
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| 4 | | Section 5. The Criminal Code of 2012 is amended by |
| 5 | | changing Sections 24-1.1 and 24-3 as follows:
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| 6 | | (720 ILCS 5/24-1.1) (from Ch. 38, par. 24-1.1) |
| 7 | | Sec. 24-1.1. Unlawful use or possession of weapons by |
| 8 | | felons or persons in the custody of the Department of |
| 9 | | Corrections facilities. |
| 10 | | (a) It is unlawful for a person to knowingly possess on or |
| 11 | | about his person or on his land or in his own abode or fixed |
| 12 | | place of business any weapon prohibited under Section 24-1 of |
| 13 | | this Act or any firearm or any firearm ammunition if the person |
| 14 | | has been convicted of a felony under the laws of this State or |
| 15 | | any other jurisdiction. This Section shall not apply if the |
| 16 | | person has been granted relief by the Director of the Illinois |
| 17 | | State Police under Section 10 of the Firearm Owners |
| 18 | | Identification Card Act. |
| 19 | | (b) It is unlawful for any person confined in a penal |
| 20 | | institution, which is a facility of the Illinois Department of |
| 21 | | Corrections, to possess any weapon prohibited under Section |
| 22 | | 24-1 of this Code or any firearm or firearm ammunition, |
| 23 | | regardless of the intent with which he possesses it. |
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| 1 | | (c) It shall be an affirmative defense to a violation of |
| 2 | | subsection (b), that such possession was specifically |
| 3 | | authorized by rule, regulation, or directive of the Illinois |
| 4 | | Department of Corrections or order issued pursuant thereto. |
| 5 | | (d) The defense of necessity is not available to a person |
| 6 | | who is charged with a violation of subsection (b) of this |
| 7 | | Section. |
| 8 | | (e) Sentence. Violation of this Section by a person not |
| 9 | | confined in a penal institution shall be a Class 1 3 felony for |
| 10 | | which the person shall be sentenced to no less than 4 2 years |
| 11 | | and no more than 15 10 years. A second or subsequent violation |
| 12 | | of this Section shall be a Class X 2 felony for which the |
| 13 | | person shall be sentenced to a term of imprisonment of not less |
| 14 | | than 6 3 years and not more than 30 14 years, except as |
| 15 | | provided for in Section 5-4.5-110 of the Unified Code of |
| 16 | | Corrections. Violation of this Section by a person not |
| 17 | | confined in a penal institution who has been convicted of a |
| 18 | | forcible felony, a felony violation of Article 24 of this Code |
| 19 | | or of the Firearm Owners Identification Card Act, stalking or |
| 20 | | aggravated stalking, or a Class 2 or greater felony under the |
| 21 | | Illinois Controlled Substances Act, the Cannabis Control Act, |
| 22 | | or the Methamphetamine Control and Community Protection Act is |
| 23 | | a Class X 2 felony for which the person shall be sentenced to |
| 24 | | not less than 6 3 years and not more than 30 14 years, except |
| 25 | | as provided for in Section 5-4.5-110 of the Unified Code of |
| 26 | | Corrections. Violation of this Section by a person who is on |
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| 1 | | parole or mandatory supervised release is a Class X 2 felony |
| 2 | | for which the person shall be sentenced to not less than 6 3 |
| 3 | | years and not more than 30 14 years, except as provided for in |
| 4 | | Section 5-4.5-110 of the Unified Code of Corrections. |
| 5 | | Violation of this Section by a person not confined in a penal |
| 6 | | institution is a Class X felony when the firearm possessed is a |
| 7 | | machine gun for which the person shall be sentenced to no less |
| 8 | | than 10 years and no more than 60 years. Any person who |
| 9 | | violates this Section while confined in a penal institution, |
| 10 | | which is a facility of the Illinois Department of Corrections, |
| 11 | | is guilty of a Class 1 felony, if he possesses any weapon |
| 12 | | prohibited under Section 24-1 of this Code regardless of the |
| 13 | | intent with which he possesses it, a Class X felony if he |
| 14 | | possesses any firearm, firearm ammunition or explosive, and a |
| 15 | | Class X felony for which the offender shall be sentenced to not |
| 16 | | less than 12 years and not more than 50 years when the firearm |
| 17 | | possessed is a machine gun. A violation of this Section while |
| 18 | | wearing or in possession of body armor as defined in Section |
| 19 | | 33F-1 is a Class X felony punishable by a term of imprisonment |
| 20 | | of not less than 10 years and not more than 60 40 years. The |
| 21 | | possession of each firearm or firearm ammunition in violation |
| 22 | | of this Section constitutes a single and separate violation. |
| 23 | | (Source: P.A. 102-538, eff. 8-20-21.)
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| 24 | | (720 ILCS 5/24-3) (from Ch. 38, par. 24-3) |
| 25 | | Sec. 24-3. Unlawful sale or delivery of firearms. |
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| 1 | | (A) A person commits the offense of unlawful sale or |
| 2 | | delivery of firearms when he or she knowingly does any of the |
| 3 | | following: |
| 4 | | (a) Sells or gives any firearm of a size which may be |
| 5 | | concealed upon the person to any person under 18 years of |
| 6 | | age. |
| 7 | | (b) Sells or gives any firearm to a person under 21 |
| 8 | | years of age who has been convicted of a misdemeanor other |
| 9 | | than a traffic offense or adjudged delinquent. |
| 10 | | (c) Sells or gives any firearm to any narcotic addict. |
| 11 | | (d) Sells or gives any firearm to any person who has |
| 12 | | been convicted of a felony under the laws of this or any |
| 13 | | other jurisdiction. |
| 14 | | (e) Sells or gives any firearm to any person who has |
| 15 | | been a patient in a mental institution within the past 5 |
| 16 | | years. In this subsection (e): |
| 17 | | "Mental institution" means any hospital, |
| 18 | | institution, clinic, evaluation facility, mental |
| 19 | | health center, or part thereof, which is used |
| 20 | | primarily for the care or treatment of persons with |
| 21 | | mental illness. |
| 22 | | "Patient in a mental institution" means the person |
| 23 | | was admitted, either voluntarily or involuntarily, to |
| 24 | | a mental institution for mental health treatment, |
| 25 | | unless the treatment was voluntary and solely for an |
| 26 | | alcohol abuse disorder and no other secondary |
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| 1 | | substance abuse disorder or mental illness. |
| 2 | | (f) Sells or gives any firearms to any person who is a |
| 3 | | person with an intellectual disability. |
| 4 | | (g) Delivers any firearm, incidental to a sale, |
| 5 | | without withholding delivery of the firearm for at least |
| 6 | | 72 hours after application for its purchase has been made, |
| 7 | | or delivers a stun gun or taser, incidental to a sale, |
| 8 | | without withholding delivery of the stun gun or taser for |
| 9 | | at least 24 hours after application for its purchase has |
| 10 | | been made. However, this paragraph (g) does not apply to: |
| 11 | | (1) the sale of a firearm to a law enforcement officer if |
| 12 | | the seller of the firearm knows that the person to whom he |
| 13 | | or she is selling the firearm is a law enforcement officer |
| 14 | | or the sale of a firearm to a person who desires to |
| 15 | | purchase a firearm for use in promoting the public |
| 16 | | interest incident to his or her employment as a bank |
| 17 | | guard, armed truck guard, or other similar employment; (2) |
| 18 | | a mail order sale of a firearm from a federally licensed |
| 19 | | firearms dealer to a nonresident of Illinois under which |
| 20 | | the firearm is mailed to a federally licensed firearms |
| 21 | | dealer outside the boundaries of Illinois; (3) (blank); |
| 22 | | (4) the sale of a firearm to a dealer licensed as a federal |
| 23 | | firearms dealer under Section 923 of the federal Gun |
| 24 | | Control Act of 1968 (18 U.S.C. 923); or (5) the transfer or |
| 25 | | sale of any rifle, shotgun, or other long gun to a resident |
| 26 | | registered competitor or attendee or non-resident |
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| 1 | | registered competitor or attendee by any dealer licensed |
| 2 | | as a federal firearms dealer under Section 923 of the |
| 3 | | federal Gun Control Act of 1968 at competitive shooting |
| 4 | | events held at the World Shooting Complex sanctioned by a |
| 5 | | national governing body. For purposes of transfers or |
| 6 | | sales under subparagraph (5) of this paragraph (g), the |
| 7 | | Department of Natural Resources shall give notice to the |
| 8 | | Illinois State Police at least 30 calendar days prior to |
| 9 | | any competitive shooting events at the World Shooting |
| 10 | | Complex sanctioned by a national governing body. The |
| 11 | | notification shall be made on a form prescribed by the |
| 12 | | Illinois State Police. The sanctioning body shall provide |
| 13 | | a list of all registered competitors and attendees at |
| 14 | | least 24 hours before the events to the Illinois State |
| 15 | | Police. Any changes to the list of registered competitors |
| 16 | | and attendees shall be forwarded to the Illinois State |
| 17 | | Police as soon as practicable. The Illinois State Police |
| 18 | | must destroy the list of registered competitors and |
| 19 | | attendees no later than 30 days after the date of the |
| 20 | | event. Nothing in this paragraph (g) relieves a federally |
| 21 | | licensed firearm dealer from the requirements of |
| 22 | | conducting a NICS background check through the Illinois |
| 23 | | Point of Contact under 18 U.S.C. 922(t). For purposes of |
| 24 | | this paragraph (g), "application" means when the buyer and |
| 25 | | seller reach an agreement to purchase a firearm. For |
| 26 | | purposes of this paragraph (g), "national governing body" |
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| 1 | | means a group of persons who adopt rules and formulate |
| 2 | | policy on behalf of a national firearm sporting |
| 3 | | organization. |
| 4 | | (h) While holding any license as a dealer, importer, |
| 5 | | manufacturer or pawnbroker under the federal Gun Control |
| 6 | | Act of 1968, manufactures, sells or delivers to any |
| 7 | | unlicensed person a handgun having a barrel, slide, frame |
| 8 | | or receiver which is a die casting of zinc alloy or any |
| 9 | | other nonhomogeneous metal which will melt or deform at a |
| 10 | | temperature of less than 800 degrees Fahrenheit. For |
| 11 | | purposes of this paragraph, (1) "firearm" is defined as in |
| 12 | | the Firearm Owners Identification Card Act; and (2) |
| 13 | | "handgun" is defined as a firearm designed to be held and |
| 14 | | fired by the use of a single hand, and includes a |
| 15 | | combination of parts from which such a firearm can be |
| 16 | | assembled. |
| 17 | | (i) Sells or gives a firearm of any size to any person |
| 18 | | under 18 years of age who does not possess a valid Firearm |
| 19 | | Owner's Identification Card. |
| 20 | | (j) Sells or gives a firearm while engaged in the |
| 21 | | business of selling firearms at wholesale or retail |
| 22 | | without being licensed as a federal firearms dealer under |
| 23 | | Section 923 of the federal Gun Control Act of 1968 (18 |
| 24 | | U.S.C. 923). In this paragraph (j): |
| 25 | | A person "engaged in the business" means a person who |
| 26 | | devotes time, attention, and labor to engaging in the |
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| 1 | | activity as a regular course of trade or business with the |
| 2 | | principal objective of livelihood and profit, but does not |
| 3 | | include a person who makes occasional repairs of firearms |
| 4 | | or who occasionally fits special barrels, stocks, or |
| 5 | | trigger mechanisms to firearms. |
| 6 | | "With the principal objective of livelihood and |
| 7 | | profit" means that the intent underlying the sale or |
| 8 | | disposition of firearms is predominantly one of obtaining |
| 9 | | livelihood and pecuniary gain, as opposed to other |
| 10 | | intents, such as improving or liquidating a personal |
| 11 | | firearms collection; however, proof of profit shall not be |
| 12 | | required as to a person who engages in the regular and |
| 13 | | repetitive purchase and disposition of firearms for |
| 14 | | criminal purposes or terrorism. |
| 15 | | (k) Sells or transfers ownership of a firearm to a |
| 16 | | person who does not display to the seller or transferor of |
| 17 | | the firearm either: (1) a currently valid Firearm Owner's |
| 18 | | Identification Card that has previously been issued in the |
| 19 | | transferee's name by the Illinois State Police under the |
| 20 | | provisions of the Firearm Owners Identification Card Act; |
| 21 | | or (2) a currently valid license to carry a concealed |
| 22 | | firearm that has previously been issued in the |
| 23 | | transferee's name by the Illinois State Police under the |
| 24 | | Firearm Concealed Carry Act. This paragraph (k) does not |
| 25 | | apply to the transfer of a firearm to a person who is |
| 26 | | exempt from the requirement of possessing a Firearm |
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| 1 | | Owner's Identification Card under Section 2 of the Firearm |
| 2 | | Owners Identification Card Act. For the purposes of this |
| 3 | | Section, a currently valid Firearm Owner's Identification |
| 4 | | Card or license to carry a concealed firearm means receipt |
| 5 | | of an approval number issued in accordance with subsection |
| 6 | | (a-10) of Section 3 or Section 3.1 of the Firearm Owners |
| 7 | | Identification Card Act. |
| 8 | | (1) In addition to the other requirements of this |
| 9 | | paragraph (k), all persons who are not federally |
| 10 | | licensed firearms dealers must also have complied with |
| 11 | | subsection (a-10) of Section 3 of the Firearm Owners |
| 12 | | Identification Card Act by determining the validity of |
| 13 | | a purchaser's Firearm Owner's Identification Card. |
| 14 | | (2) All sellers or transferors who have complied |
| 15 | | with the requirements of subparagraph (1) of this |
| 16 | | paragraph (k) shall not be liable for damages in any |
| 17 | | civil action arising from the use or misuse by the |
| 18 | | transferee of the firearm transferred, except for |
| 19 | | willful or wanton misconduct on the part of the seller |
| 20 | | or transferor. |
| 21 | | (l) Not being entitled to the possession of a firearm, |
| 22 | | delivers the firearm, knowing it to have been stolen or |
| 23 | | converted. It may be inferred that a person who possesses |
| 24 | | a firearm with knowledge that its serial number has been |
| 25 | | removed or altered has knowledge that the firearm is |
| 26 | | stolen or converted. |
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| 1 | | (m) Sells or gives a firearm to a person who has been |
| 2 | | convicted of a felony or who is a streetgang member. |
| 3 | | (n) Sells or gives a firearm that has been purchased |
| 4 | | or acquired out of state to a person who has been convicted |
| 5 | | of a felony or who is a streetgang member. |
| 6 | | (B) Paragraph (h) of subsection (A) does not include |
| 7 | | firearms sold within 6 months after enactment of Public Act |
| 8 | | 78-355 (approved August 21, 1973, effective October 1, 1973), |
| 9 | | nor is any firearm legally owned or possessed by any citizen or |
| 10 | | purchased by any citizen within 6 months after the enactment |
| 11 | | of Public Act 78-355 subject to confiscation or seizure under |
| 12 | | the provisions of that Public Act. Nothing in Public Act |
| 13 | | 78-355 shall be construed to prohibit the gift or trade of any |
| 14 | | firearm if that firearm was legally held or acquired within 6 |
| 15 | | months after the enactment of that Public Act. |
| 16 | | (C) Sentence. |
| 17 | | (1) Any person convicted of unlawful sale or delivery |
| 18 | | of firearms in violation of paragraph (c), (e), (f), (g), |
| 19 | | or (h) of subsection (A) commits a Class 4 felony. |
| 20 | | (2) Any person convicted of unlawful sale or delivery |
| 21 | | of firearms in violation of paragraph (b) or (i) of |
| 22 | | subsection (A) commits a Class 3 felony. |
| 23 | | (3) Any person convicted of unlawful sale or delivery |
| 24 | | of firearms in violation of paragraph (a) of subsection |
| 25 | | (A) commits a Class 2 felony. |
| 26 | | (4) Any person convicted of unlawful sale or delivery |
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| 1 | | of firearms in violation of paragraph (a), (b), or (i) of |
| 2 | | subsection (A) in any school, on the real property |
| 3 | | comprising a school, within 1,000 feet of the real |
| 4 | | property comprising a school, at a school related |
| 5 | | activity, or on or within 1,000 feet of any conveyance |
| 6 | | owned, leased, or contracted by a school or school |
| 7 | | district to transport students to or from school or a |
| 8 | | school related activity, regardless of the time of day or |
| 9 | | time of year at which the offense was committed, commits a |
| 10 | | Class 1 felony. Any person convicted of a second or |
| 11 | | subsequent violation of unlawful sale or delivery of |
| 12 | | firearms in violation of paragraph (a), (b), or (i) of |
| 13 | | subsection (A) in any school, on the real property |
| 14 | | comprising a school, within 1,000 feet of the real |
| 15 | | property comprising a school, at a school related |
| 16 | | activity, or on or within 1,000 feet of any conveyance |
| 17 | | owned, leased, or contracted by a school or school |
| 18 | | district to transport students to or from school or a |
| 19 | | school related activity, regardless of the time of day or |
| 20 | | time of year at which the offense was committed, commits a |
| 21 | | Class 1 felony for which the sentence shall be a term of |
| 22 | | imprisonment of no less than 5 years and no more than 15 |
| 23 | | years. |
| 24 | | (5) Any person convicted of unlawful sale or delivery |
| 25 | | of firearms in violation of paragraph (a) or (i) of |
| 26 | | subsection (A) in residential property owned, operated, or |
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| 1 | | managed by a public housing agency or leased by a public |
| 2 | | housing agency as part of a scattered site or mixed-income |
| 3 | | development, in a public park, in a courthouse, on |
| 4 | | residential property owned, operated, or managed by a |
| 5 | | public housing agency or leased by a public housing agency |
| 6 | | as part of a scattered site or mixed-income development, |
| 7 | | on the real property comprising any public park, on the |
| 8 | | real property comprising any courthouse, or on any public |
| 9 | | way within 1,000 feet of the real property comprising any |
| 10 | | public park, courthouse, or residential property owned, |
| 11 | | operated, or managed by a public housing agency or leased |
| 12 | | by a public housing agency as part of a scattered site or |
| 13 | | mixed-income development commits a Class 2 felony. |
| 14 | | (6) Any person convicted of unlawful sale or delivery |
| 15 | | of firearms in violation of paragraph (j) of subsection |
| 16 | | (A) commits a Class A misdemeanor. A second or subsequent |
| 17 | | violation is a Class 4 felony. |
| 18 | | (7) Any person convicted of unlawful sale or delivery |
| 19 | | of firearms in violation of paragraph (k) of subsection |
| 20 | | (A) commits a Class 4 felony, except that a violation of |
| 21 | | subparagraph (1) of paragraph (k) of subsection (A) shall |
| 22 | | not be punishable as a crime or petty offense. A third or |
| 23 | | subsequent conviction for a violation of paragraph (k) of |
| 24 | | subsection (A) is a Class 1 felony. |
| 25 | | (8) A person 18 years of age or older convicted of |
| 26 | | unlawful sale or delivery of firearms in violation of |
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| 1 | | paragraph (a) or (i) of subsection (A), when the firearm |
| 2 | | that was sold or given to another person under 18 years of |
| 3 | | age was used in the commission of or attempt to commit a |
| 4 | | forcible felony, shall be fined or imprisoned, or both, |
| 5 | | not to exceed the maximum provided for the most serious |
| 6 | | forcible felony so committed or attempted by the person |
| 7 | | under 18 years of age who was sold or given the firearm. |
| 8 | | (9) Any person convicted of unlawful sale or delivery |
| 9 | | of firearms in violation of paragraph (d) of subsection |
| 10 | | (A) commits a Class 3 felony. |
| 11 | | (10) Any person convicted of unlawful sale or delivery |
| 12 | | of firearms in violation of paragraph (l) of subsection |
| 13 | | (A) commits a Class 2 felony if the delivery is of one |
| 14 | | firearm. Any person convicted of unlawful sale or delivery |
| 15 | | of firearms in violation of paragraph (l) of subsection |
| 16 | | (A) commits a Class 1 felony if the delivery is of not less |
| 17 | | than 2 and not more than 5 firearms at the same time or |
| 18 | | within a one-year period. Any person convicted of unlawful |
| 19 | | sale or delivery of firearms in violation of paragraph (l) |
| 20 | | of subsection (A) commits a Class X felony for which he or |
| 21 | | she shall be sentenced to a term of imprisonment of not |
| 22 | | less than 6 years and not more than 30 years if the |
| 23 | | delivery is of not less than 6 and not more than 10 |
| 24 | | firearms at the same time or within a 2-year period. Any |
| 25 | | person convicted of unlawful sale or delivery of firearms |
| 26 | | in violation of paragraph (l) of subsection (A) commits a |
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| 1 | | Class X felony for which he or she shall be sentenced to a |
| 2 | | term of imprisonment of not less than 6 years and not more |
| 3 | | than 40 years if the delivery is of not less than 11 and |
| 4 | | not more than 20 firearms at the same time or within a |
| 5 | | 3-year period. Any person convicted of unlawful sale or |
| 6 | | delivery of firearms in violation of paragraph (l) of |
| 7 | | subsection (A) commits a Class X felony for which he or she |
| 8 | | shall be sentenced to a term of imprisonment of not less |
| 9 | | than 6 years and not more than 50 years if the delivery is |
| 10 | | of not less than 21 and not more than 30 firearms at the |
| 11 | | same time or within a 4-year period. Any person convicted |
| 12 | | of unlawful sale or delivery of firearms in violation of |
| 13 | | paragraph (l) of subsection (A) commits a Class X felony |
| 14 | | for which he or she shall be sentenced to a term of |
| 15 | | imprisonment of not less than 6 years and not more than 60 |
| 16 | | years if the delivery is of 31 or more firearms at the same |
| 17 | | time or within a 5-year period. |
| 18 | | (11) Any person convicted of unlawful sale or delivery |
| 19 | | of firearms in violation of paragraph (m) or (n) of |
| 20 | | subsection (A) commits a Class 1 felony. |
| 21 | | (D) For purposes of this Section: |
| 22 | | "School" means a public or private elementary or secondary |
| 23 | | school, community college, college, or university. |
| 24 | | "School related activity" means any sporting, social, |
| 25 | | academic, or other activity for which students' attendance or |
| 26 | | participation is sponsored, organized, or funded in whole or |
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| 1 | | in part by a school or school district. |
| 2 | | (E) A prosecution for a violation of paragraph (k) of |
| 3 | | subsection (A) of this Section may be commenced within 6 years |
| 4 | | after the commission of the offense. A prosecution for a |
| 5 | | violation of this Section other than paragraph (g) of |
| 6 | | subsection (A) of this Section may be commenced within 5 years |
| 7 | | after the commission of the offense defined in the particular |
| 8 | | paragraph. |
| 9 | | (Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21; |
| 10 | | 102-813, eff. 5-13-22.)
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| 11 | | Section 10. The Unified Code of Corrections is amended by |
| 12 | | changing Sections 5-4.5-95 and 5-5-3 as follows:
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| 13 | | (730 ILCS 5/5-4.5-95) |
| 14 | | Sec. 5-4.5-95. GENERAL RECIDIVISM PROVISIONS. |
| 15 | | (a) HABITUAL CRIMINALS. |
| 16 | | (1) Every person who has been twice convicted in any |
| 17 | | state or federal court of an offense that contains the |
| 18 | | same elements as an offense now (the date of the offense |
| 19 | | committed after the 2 prior convictions) classified in |
| 20 | | Illinois as a Class X felony, criminal sexual assault, |
| 21 | | aggravated kidnapping, or first degree murder, and who is |
| 22 | | thereafter convicted of a Class X felony, criminal sexual |
| 23 | | assault, or first degree murder, committed after the 2 |
| 24 | | prior convictions, shall be adjudged an habitual criminal. |
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| 1 | | (2) The 2 prior convictions need not have been for the |
| 2 | | same offense. |
| 3 | | (3) Any convictions that result from or are connected |
| 4 | | with the same transaction, or result from offenses |
| 5 | | committed at the same time, shall be counted for the |
| 6 | | purposes of this Section as one conviction. |
| 7 | | (4) This Section does not apply unless each of the |
| 8 | | following requirements are satisfied: |
| 9 | | (A) The third offense was committed after July 3, |
| 10 | | 1980. |
| 11 | | (B) The third offense was committed within 20 |
| 12 | | years of the date that judgment was entered on the |
| 13 | | first conviction; provided, however, that time spent |
| 14 | | in custody shall not be counted. |
| 15 | | (C) The third offense was committed after |
| 16 | | conviction on the second offense. |
| 17 | | (D) The second offense was committed after |
| 18 | | conviction on the first offense. |
| 19 | | (E) (Blank). The first offense was committed when |
| 20 | | the person was 21 years of age or older. |
| 21 | | (5) Anyone who, having attained the age of 18 at the |
| 22 | | time of the third offense, is adjudged an habitual |
| 23 | | criminal shall be sentenced to a term of natural life |
| 24 | | imprisonment. |
| 25 | | (6) A prior conviction shall not be alleged in the |
| 26 | | indictment, and no evidence or other disclosure of that |
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| 1 | | conviction shall be presented to the court or the jury |
| 2 | | during the trial of an offense set forth in this Section |
| 3 | | unless otherwise permitted by the issues properly raised |
| 4 | | in that trial. After a plea or verdict or finding of guilty |
| 5 | | and before sentence is imposed, the prosecutor may file |
| 6 | | with the court a verified written statement signed by the |
| 7 | | State's Attorney concerning any former conviction of an |
| 8 | | offense set forth in this Section rendered against the |
| 9 | | defendant. The court shall then cause the defendant to be |
| 10 | | brought before it; shall inform the defendant of the |
| 11 | | allegations of the statement so filed, and of his or her |
| 12 | | right to a hearing before the court on the issue of that |
| 13 | | former conviction and of his or her right to counsel at |
| 14 | | that hearing; and unless the defendant admits such |
| 15 | | conviction, shall hear and determine the issue, and shall |
| 16 | | make a written finding thereon. If a sentence has |
| 17 | | previously been imposed, the court may vacate that |
| 18 | | sentence and impose a new sentence in accordance with this |
| 19 | | Section. |
| 20 | | (7) A duly authenticated copy of the record of any |
| 21 | | alleged former conviction of an offense set forth in this |
| 22 | | Section shall be prima facie evidence of that former |
| 23 | | conviction; and a duly authenticated copy of the record of |
| 24 | | the defendant's final release or discharge from probation |
| 25 | | granted, or from sentence and parole supervision (if any) |
| 26 | | imposed pursuant to that former conviction, shall be prima |
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| 1 | | facie evidence of that release or discharge. |
| 2 | | (8) Any claim that a previous conviction offered by |
| 3 | | the prosecution is not a former conviction of an offense |
| 4 | | set forth in this Section because of the existence of any |
| 5 | | exceptions described in this Section, is waived unless |
| 6 | | duly raised at the hearing on that conviction, or unless |
| 7 | | the prosecution's proof shows the existence of the |
| 8 | | exceptions described in this Section. |
| 9 | | (9) If the person so convicted shows to the |
| 10 | | satisfaction of the court before whom that conviction was |
| 11 | | had that he or she was released from imprisonment, upon |
| 12 | | either of the sentences upon a pardon granted for the |
| 13 | | reason that he or she was innocent, that conviction and |
| 14 | | sentence shall not be considered under this Section. |
| 15 | | (b) When a defendant, over the age of 21 years, is |
| 16 | | convicted of a Class 1 or Class 2 forcible felony, except for |
| 17 | | an offense listed in subsection (d) of this Section, after |
| 18 | | having twice been convicted in any state or federal court of an |
| 19 | | offense that contains the same elements as an offense now (the |
| 20 | | date the Class 1 or Class 2 forcible felony was committed) |
| 21 | | classified in Illinois as a Class 2 or greater Class forcible |
| 22 | | felony, except for an offense listed in subsection (d) of this |
| 23 | | Section, and those charges are separately brought and tried |
| 24 | | and arise out of different series of acts, that defendant |
| 25 | | shall be sentenced as a Class X offender. This subsection does |
| 26 | | not apply unless: |
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| 1 | | (1) the first forcible felony was committed after |
| 2 | | February 1, 1978 (the effective date of Public Act |
| 3 | | 80-1099); |
| 4 | | (2) the second forcible felony was committed after |
| 5 | | conviction on the first; |
| 6 | | (3) the third forcible felony was committed after |
| 7 | | conviction on the second; and |
| 8 | | (4) (blank). the first offense was committed when the |
| 9 | | person was 21 years of age or older. |
| 10 | | (c) (Blank). |
| 11 | | (d) Subsection (b) of this Section does not apply to Class |
| 12 | | 1 or Class 2 felony convictions for a violation of Section 16-1 |
| 13 | | of the Criminal Code of 2012. |
| 14 | | A person sentenced as a Class X offender under this |
| 15 | | subsection (b) is not eligible to apply for treatment as a |
| 16 | | condition of probation as provided by Section 40-10 of the |
| 17 | | Substance Use Disorder Act (20 ILCS 301/40-10). |
| 18 | | (Source: P.A. 100-3, eff. 1-1-18; 100-759, eff. 1-1-19; |
| 19 | | 101-652, eff. 7-1-21.)
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| 20 | | (730 ILCS 5/5-5-3) |
| 21 | | (Text of Section before amendment by P.A. 103-51) |
| 22 | | Sec. 5-5-3. Disposition. |
| 23 | | (a) (Blank). |
| 24 | | (b) (Blank). |
| 25 | | (c)(1) (Blank). |
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| 1 | | (2) A period of probation, a term of periodic imprisonment |
| 2 | | or conditional discharge shall not be imposed for the |
| 3 | | following offenses. The court shall sentence the offender to |
| 4 | | not less than the minimum term of imprisonment set forth in |
| 5 | | this Code for the following offenses, and may order a fine or |
| 6 | | restitution or both in conjunction with such term of |
| 7 | | imprisonment: |
| 8 | | (A) First degree murder where the death penalty is not |
| 9 | | imposed. |
| 10 | | (B) Attempted first degree murder. |
| 11 | | (C) A Class X felony. |
| 12 | | (D) A violation of Section 401.1 or 407 of the |
| 13 | | Illinois Controlled Substances Act, or a violation of |
| 14 | | subdivision (c)(1.5) of Section 401 of that Act which |
| 15 | | relates to more than 5 grams of a substance containing |
| 16 | | fentanyl or an analog thereof. |
| 17 | | (D-5) A violation of subdivision (c)(1) of Section 401 |
| 18 | | of the Illinois Controlled Substances Act which relates to |
| 19 | | 3 or more grams of a substance containing heroin or an |
| 20 | | analog thereof. |
| 21 | | (E) (Blank). |
| 22 | | (F) A Class 1 or greater felony if the offender had |
| 23 | | been convicted of a Class 1 or greater felony, including |
| 24 | | any state or federal conviction for an offense that |
| 25 | | contained, at the time it was committed, the same elements |
| 26 | | as an offense now (the date of the offense committed after |
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| 1 | | the prior Class 1 or greater felony) classified as a Class |
| 2 | | 1 or greater felony, within 10 years of the date on which |
| 3 | | the offender committed the offense for which he or she is |
| 4 | | being sentenced, except as otherwise provided in Section |
| 5 | | 40-10 of the Substance Use Disorder Act. |
| 6 | | (F-3) A Class 2 or greater felony sex offense or |
| 7 | | felony firearm offense if the offender had been convicted |
| 8 | | of a Class 2 or greater felony, including any state or |
| 9 | | federal conviction for an offense that contained, at the |
| 10 | | time it was committed, the same elements as an offense now |
| 11 | | (the date of the offense committed after the prior Class 2 |
| 12 | | or greater felony) classified as a Class 2 or greater |
| 13 | | felony, within 10 years of the date on which the offender |
| 14 | | committed the offense for which he or she is being |
| 15 | | sentenced, except as otherwise provided in Section 40-10 |
| 16 | | of the Substance Use Disorder Act. |
| 17 | | (F-5) A violation of Section 24-1, 24-1.1, or 24-1.6 |
| 18 | | of the Criminal Code of 1961 or the Criminal Code of 2012 |
| 19 | | for which imprisonment is prescribed in those Sections. |
| 20 | | (G) Residential burglary, except as otherwise provided |
| 21 | | in Section 40-10 of the Substance Use Disorder Act. |
| 22 | | (H) Criminal sexual assault. |
| 23 | | (I) Aggravated battery of a senior citizen as |
| 24 | | described in Section 12-4.6 or subdivision (a)(4) of |
| 25 | | Section 12-3.05 of the Criminal Code of 1961 or the |
| 26 | | Criminal Code of 2012. |
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| 1 | | (J) A forcible felony if the offense was related to |
| 2 | | the activities of an organized gang. |
| 3 | | Before July 1, 1994, for the purposes of this |
| 4 | | paragraph, "organized gang" means an association of 5 or |
| 5 | | more persons, with an established hierarchy, that |
| 6 | | encourages members of the association to perpetrate crimes |
| 7 | | or provides support to the members of the association who |
| 8 | | do commit crimes. |
| 9 | | Beginning July 1, 1994, for the purposes of this |
| 10 | | paragraph, "organized gang" has the meaning ascribed to it |
| 11 | | in Section 10 of the Illinois Streetgang Terrorism Omnibus |
| 12 | | Prevention Act. |
| 13 | | (K) Vehicular hijacking. |
| 14 | | (L) A second or subsequent conviction for the offense |
| 15 | | of hate crime when the underlying offense upon which the |
| 16 | | hate crime is based is felony aggravated assault or felony |
| 17 | | mob action. |
| 18 | | (M) A second or subsequent conviction for the offense |
| 19 | | of institutional vandalism if the damage to the property |
| 20 | | exceeds $300. |
| 21 | | (N) A Class 3 felony violation of paragraph (1) of |
| 22 | | subsection (a) of Section 2 of the Firearm Owners |
| 23 | | Identification Card Act. |
| 24 | | (O) A violation of Section 12-6.1 or 12-6.5 of the |
| 25 | | Criminal Code of 1961 or the Criminal Code of 2012. |
| 26 | | (P) A violation of paragraph (1), (2), (3), (4), (5), |
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| 1 | | or (7) of subsection (a) of Section 11-20.1 of the |
| 2 | | Criminal Code of 1961 or the Criminal Code of 2012. |
| 3 | | (P-5) A violation of paragraph (6) of subsection (a) |
| 4 | | of Section 11-20.1 of the Criminal Code of 1961 or the |
| 5 | | Criminal Code of 2012 if the victim is a household or |
| 6 | | family member of the defendant. |
| 7 | | (Q) A violation of subsection (b) or (b-5) of Section |
| 8 | | 20-1, Section 20-1.2, or Section 20-1.3 of the Criminal |
| 9 | | Code of 1961 or the Criminal Code of 2012. |
| 10 | | (R) A violation of Section 24-3A of the Criminal Code |
| 11 | | of 1961 or the Criminal Code of 2012. |
| 12 | | (S) (Blank). |
| 13 | | (T) (Blank). |
| 14 | | (U) A second or subsequent violation of Section 6-303 |
| 15 | | of the Illinois Vehicle Code committed while his or her |
| 16 | | driver's license, permit, or privilege was revoked because |
| 17 | | of a violation of Section 9-3 of the Criminal Code of 1961 |
| 18 | | or the Criminal Code of 2012, relating to the offense of |
| 19 | | reckless homicide, or a similar provision of a law of |
| 20 | | another state. |
| 21 | | (V) A violation of paragraph (4) of subsection (c) of |
| 22 | | Section 11-20.1B or paragraph (4) of subsection (c) of |
| 23 | | Section 11-20.3 of the Criminal Code of 1961, or paragraph |
| 24 | | (6) of subsection (a) of Section 11-20.1 of the Criminal |
| 25 | | Code of 2012 when the victim is under 13 years of age and |
| 26 | | the defendant has previously been convicted under the laws |
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| 1 | | of this State or any other state of the offense of child |
| 2 | | pornography, aggravated child pornography, aggravated |
| 3 | | criminal sexual abuse, aggravated criminal sexual assault, |
| 4 | | predatory criminal sexual assault of a child, or any of |
| 5 | | the offenses formerly known as rape, deviate sexual |
| 6 | | assault, indecent liberties with a child, or aggravated |
| 7 | | indecent liberties with a child where the victim was under |
| 8 | | the age of 18 years or an offense that is substantially |
| 9 | | equivalent to those offenses. |
| 10 | | (W) A violation of Section 24-3.5 of the Criminal Code |
| 11 | | of 1961 or the Criminal Code of 2012. |
| 12 | | (X) A violation of subsection (a) of Section 31-1a of |
| 13 | | the Criminal Code of 1961 or the Criminal Code of 2012. |
| 14 | | (Y) A conviction for unlawful possession of a firearm |
| 15 | | by a street gang member when the firearm was loaded or |
| 16 | | contained firearm ammunition. |
| 17 | | (Z) A Class 1 felony committed while he or she was |
| 18 | | serving a term of probation or conditional discharge for a |
| 19 | | felony. |
| 20 | | (AA) Theft of property exceeding $500,000 and not |
| 21 | | exceeding $1,000,000 in value. |
| 22 | | (BB) Laundering of criminally derived property of a |
| 23 | | value exceeding $500,000. |
| 24 | | (CC) Knowingly selling, offering for sale, holding for |
| 25 | | sale, or using 2,000 or more counterfeit items or |
| 26 | | counterfeit items having a retail value in the aggregate |
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| 1 | | of $500,000 or more. |
| 2 | | (DD) A conviction for aggravated assault under |
| 3 | | paragraph (6) of subsection (c) of Section 12-2 of the |
| 4 | | Criminal Code of 1961 or the Criminal Code of 2012 if the |
| 5 | | firearm is aimed toward the person against whom the |
| 6 | | firearm is being used. |
| 7 | | (EE) A conviction for a violation of paragraph (2) of |
| 8 | | subsection (a) of Section 24-3B of the Criminal Code of |
| 9 | | 2012. |
| 10 | | (3) (Blank). |
| 11 | | (4) A minimum term of imprisonment of not less than 10 |
| 12 | | consecutive days or 30 days of community service shall be |
| 13 | | imposed for a violation of paragraph (c) of Section 6-303 of |
| 14 | | the Illinois Vehicle Code. |
| 15 | | (4.1) (Blank). |
| 16 | | (4.2) Except as provided in paragraphs (4.3) and (4.8) of |
| 17 | | this subsection (c), a minimum of 100 hours of community |
| 18 | | service shall be imposed for a second violation of Section |
| 19 | | 6-303 of the Illinois Vehicle Code. |
| 20 | | (4.3) A minimum term of imprisonment of 30 days or 300 |
| 21 | | hours of community service, as determined by the court, shall |
| 22 | | be imposed for a second violation of subsection (c) of Section |
| 23 | | 6-303 of the Illinois Vehicle Code. |
| 24 | | (4.4) Except as provided in paragraphs (4.5), (4.6), and |
| 25 | | (4.9) of this subsection (c), a minimum term of imprisonment |
| 26 | | of 30 days or 300 hours of community service, as determined by |
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| 1 | | the court, shall be imposed for a third or subsequent |
| 2 | | violation of Section 6-303 of the Illinois Vehicle Code. The |
| 3 | | court may give credit toward the fulfillment of community |
| 4 | | service hours for participation in activities and treatment as |
| 5 | | determined by court services. |
| 6 | | (4.5) A minimum term of imprisonment of 30 days shall be |
| 7 | | imposed for a third violation of subsection (c) of Section |
| 8 | | 6-303 of the Illinois Vehicle Code. |
| 9 | | (4.6) Except as provided in paragraph (4.10) of this |
| 10 | | subsection (c), a minimum term of imprisonment of 180 days |
| 11 | | shall be imposed for a fourth or subsequent violation of |
| 12 | | subsection (c) of Section 6-303 of the Illinois Vehicle Code. |
| 13 | | (4.7) A minimum term of imprisonment of not less than 30 |
| 14 | | consecutive days, or 300 hours of community service, shall be |
| 15 | | imposed for a violation of subsection (a-5) of Section 6-303 |
| 16 | | of the Illinois Vehicle Code, as provided in subsection (b-5) |
| 17 | | of that Section. |
| 18 | | (4.8) A mandatory prison sentence shall be imposed for a |
| 19 | | second violation of subsection (a-5) of Section 6-303 of the |
| 20 | | Illinois Vehicle Code, as provided in subsection (c-5) of that |
| 21 | | Section. The person's driving privileges shall be revoked for |
| 22 | | a period of not less than 5 years from the date of his or her |
| 23 | | release from prison. |
| 24 | | (4.9) A mandatory prison sentence of not less than 4 and |
| 25 | | not more than 15 years shall be imposed for a third violation |
| 26 | | of subsection (a-5) of Section 6-303 of the Illinois Vehicle |
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| 1 | | Code, as provided in subsection (d-2.5) of that Section. The |
| 2 | | person's driving privileges shall be revoked for the remainder |
| 3 | | of his or her life. |
| 4 | | (4.10) A mandatory prison sentence for a Class 1 felony |
| 5 | | shall be imposed, and the person shall be eligible for an |
| 6 | | extended term sentence, for a fourth or subsequent violation |
| 7 | | of subsection (a-5) of Section 6-303 of the Illinois Vehicle |
| 8 | | Code, as provided in subsection (d-3.5) of that Section. The |
| 9 | | person's driving privileges shall be revoked for the remainder |
| 10 | | of his or her life. |
| 11 | | (5) The court may sentence a corporation or unincorporated |
| 12 | | association convicted of any offense to: |
| 13 | | (A) a period of conditional discharge; |
| 14 | | (B) a fine; |
| 15 | | (C) make restitution to the victim under Section 5-5-6 |
| 16 | | of this Code. |
| 17 | | (5.1) In addition to any other penalties imposed, and |
| 18 | | except as provided in paragraph (5.2) or (5.3), a person |
| 19 | | convicted of violating subsection (c) of Section 11-907 of the |
| 20 | | Illinois Vehicle Code shall have his or her driver's license, |
| 21 | | permit, or privileges suspended for at least 90 days but not |
| 22 | | more than one year, if the violation resulted in damage to the |
| 23 | | property of another person. |
| 24 | | (5.2) In addition to any other penalties imposed, and |
| 25 | | except as provided in paragraph (5.3), a person convicted of |
| 26 | | violating subsection (c) of Section 11-907 of the Illinois |
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| 1 | | Vehicle Code shall have his or her driver's license, permit, |
| 2 | | or privileges suspended for at least 180 days but not more than |
| 3 | | 2 years, if the violation resulted in injury to another |
| 4 | | person. |
| 5 | | (5.3) In addition to any other penalties imposed, a person |
| 6 | | convicted of violating subsection (c) of Section 11-907 of the |
| 7 | | Illinois Vehicle Code shall have his or her driver's license, |
| 8 | | permit, or privileges suspended for 2 years, if the violation |
| 9 | | resulted in the death of another person. |
| 10 | | (5.4) In addition to any other penalties imposed, a person |
| 11 | | convicted of violating Section 3-707 of the Illinois Vehicle |
| 12 | | Code shall have his or her driver's license, permit, or |
| 13 | | privileges suspended for 3 months and until he or she has paid |
| 14 | | a reinstatement fee of $100. |
| 15 | | (5.5) In addition to any other penalties imposed, a person |
| 16 | | convicted of violating Section 3-707 of the Illinois Vehicle |
| 17 | | Code during a period in which his or her driver's license, |
| 18 | | permit, or privileges were suspended for a previous violation |
| 19 | | of that Section shall have his or her driver's license, |
| 20 | | permit, or privileges suspended for an additional 6 months |
| 21 | | after the expiration of the original 3-month suspension and |
| 22 | | until he or she has paid a reinstatement fee of $100. |
| 23 | | (6) (Blank). |
| 24 | | (7) (Blank). |
| 25 | | (8) (Blank). |
| 26 | | (9) A defendant convicted of a second or subsequent |
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| 1 | | offense of ritualized abuse of a child may be sentenced to a |
| 2 | | term of natural life imprisonment. |
| 3 | | (10) (Blank). |
| 4 | | (11) The court shall impose a minimum fine of $1,000 for a |
| 5 | | first offense and $2,000 for a second or subsequent offense |
| 6 | | upon a person convicted of or placed on supervision for |
| 7 | | battery when the individual harmed was a sports official or |
| 8 | | coach at any level of competition and the act causing harm to |
| 9 | | the sports official or coach occurred within an athletic |
| 10 | | facility or within the immediate vicinity of the athletic |
| 11 | | facility at which the sports official or coach was an active |
| 12 | | participant of the athletic contest held at the athletic |
| 13 | | facility. For the purposes of this paragraph (11), "sports |
| 14 | | official" means a person at an athletic contest who enforces |
| 15 | | the rules of the contest, such as an umpire or referee; |
| 16 | | "athletic facility" means an indoor or outdoor playing field |
| 17 | | or recreational area where sports activities are conducted; |
| 18 | | and "coach" means a person recognized as a coach by the |
| 19 | | sanctioning authority that conducted the sporting event. |
| 20 | | (12) A person may not receive a disposition of court |
| 21 | | supervision for a violation of Section 5-16 of the Boat |
| 22 | | Registration and Safety Act if that person has previously |
| 23 | | received a disposition of court supervision for a violation of |
| 24 | | that Section. |
| 25 | | (13) A person convicted of or placed on court supervision |
| 26 | | for an assault or aggravated assault when the victim and the |
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| 1 | | offender are family or household members as defined in Section |
| 2 | | 103 of the Illinois Domestic Violence Act of 1986 or convicted |
| 3 | | of domestic battery or aggravated domestic battery may be |
| 4 | | required to attend a Partner Abuse Intervention Program under |
| 5 | | protocols set forth by the Illinois Department of Human |
| 6 | | Services under such terms and conditions imposed by the court. |
| 7 | | The costs of such classes shall be paid by the offender. |
| 8 | | (d) In any case in which a sentence originally imposed is |
| 9 | | vacated, the case shall be remanded to the trial court. The |
| 10 | | trial court shall hold a hearing under Section 5-4-1 of this |
| 11 | | Code which may include evidence of the defendant's life, moral |
| 12 | | character and occupation during the time since the original |
| 13 | | sentence was passed. The trial court shall then impose |
| 14 | | sentence upon the defendant. The trial court may impose any |
| 15 | | sentence which could have been imposed at the original trial |
| 16 | | subject to Section 5-5-4 of this Code. If a sentence is vacated |
| 17 | | on appeal or on collateral attack due to the failure of the |
| 18 | | trier of fact at trial to determine beyond a reasonable doubt |
| 19 | | the existence of a fact (other than a prior conviction) |
| 20 | | necessary to increase the punishment for the offense beyond |
| 21 | | the statutory maximum otherwise applicable, either the |
| 22 | | defendant may be re-sentenced to a term within the range |
| 23 | | otherwise provided or, if the State files notice of its |
| 24 | | intention to again seek the extended sentence, the defendant |
| 25 | | shall be afforded a new trial. |
| 26 | | (e) In cases where prosecution for aggravated criminal |
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| 1 | | sexual abuse under Section 11-1.60 or 12-16 of the Criminal |
| 2 | | Code of 1961 or the Criminal Code of 2012 results in conviction |
| 3 | | of a defendant who was a family member of the victim at the |
| 4 | | time of the commission of the offense, the court shall |
| 5 | | consider the safety and welfare of the victim and may impose a |
| 6 | | sentence of probation only where: |
| 7 | | (1) the court finds (A) or (B) or both are |
| 8 | | appropriate: |
| 9 | | (A) the defendant is willing to undergo a court |
| 10 | | approved counseling program for a minimum duration of |
| 11 | | 2 years; or |
| 12 | | (B) the defendant is willing to participate in a |
| 13 | | court approved plan, including, but not limited to, |
| 14 | | the defendant's: |
| 15 | | (i) removal from the household; |
| 16 | | (ii) restricted contact with the victim; |
| 17 | | (iii) continued financial support of the |
| 18 | | family; |
| 19 | | (iv) restitution for harm done to the victim; |
| 20 | | and |
| 21 | | (v) compliance with any other measures that |
| 22 | | the court may deem appropriate; and |
| 23 | | (2) the court orders the defendant to pay for the |
| 24 | | victim's counseling services, to the extent that the court |
| 25 | | finds, after considering the defendant's income and |
| 26 | | assets, that the defendant is financially capable of |
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| 1 | | paying for such services, if the victim was under 18 years |
| 2 | | of age at the time the offense was committed and requires |
| 3 | | counseling as a result of the offense. |
| 4 | | Probation may be revoked or modified pursuant to Section |
| 5 | | 5-6-4; except where the court determines at the hearing that |
| 6 | | the defendant violated a condition of his or her probation |
| 7 | | restricting contact with the victim or other family members or |
| 8 | | commits another offense with the victim or other family |
| 9 | | members, the court shall revoke the defendant's probation and |
| 10 | | impose a term of imprisonment. |
| 11 | | For the purposes of this Section, "family member" and |
| 12 | | "victim" shall have the meanings ascribed to them in Section |
| 13 | | 11-0.1 of the Criminal Code of 2012. |
| 14 | | (f) (Blank). |
| 15 | | (g) Whenever a defendant is convicted of an offense under |
| 16 | | Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-14, |
| 17 | | 11-14.3, 11-14.4 except for an offense that involves keeping a |
| 18 | | place of juvenile prostitution, 11-15, 11-15.1, 11-16, 11-17, |
| 19 | | 11-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 12-13, 12-14, |
| 20 | | 12-14.1, 12-15, or 12-16 of the Criminal Code of 1961 or the |
| 21 | | Criminal Code of 2012, the defendant shall undergo medical |
| 22 | | testing to determine whether the defendant has any sexually |
| 23 | | transmissible disease, including a test for infection with |
| 24 | | human immunodeficiency virus (HIV) or any other identified |
| 25 | | causative agent of acquired immunodeficiency syndrome (AIDS). |
| 26 | | Any such medical test shall be performed only by appropriately |
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| 1 | | licensed medical practitioners and may include an analysis of |
| 2 | | any bodily fluids as well as an examination of the defendant's |
| 3 | | person. Except as otherwise provided by law, the results of |
| 4 | | such test shall be kept strictly confidential by all medical |
| 5 | | personnel involved in the testing and must be personally |
| 6 | | delivered in a sealed envelope to the judge of the court in |
| 7 | | which the conviction was entered for the judge's inspection in |
| 8 | | camera. Acting in accordance with the best interests of the |
| 9 | | victim and the public, the judge shall have the discretion to |
| 10 | | determine to whom, if anyone, the results of the testing may be |
| 11 | | revealed. The court shall notify the defendant of the test |
| 12 | | results. The court shall also notify the victim if requested |
| 13 | | by the victim, and if the victim is under the age of 15 and if |
| 14 | | requested by the victim's parents or legal guardian, the court |
| 15 | | shall notify the victim's parents or legal guardian of the |
| 16 | | test results. The court shall provide information on the |
| 17 | | availability of HIV testing and counseling at Department of |
| 18 | | Public Health facilities to all parties to whom the results of |
| 19 | | the testing are revealed and shall direct the State's Attorney |
| 20 | | to provide the information to the victim when possible. The |
| 21 | | court shall order that the cost of any such test shall be paid |
| 22 | | by the county and may be taxed as costs against the convicted |
| 23 | | defendant. |
| 24 | | (g-5) When an inmate is tested for an airborne |
| 25 | | communicable disease, as determined by the Illinois Department |
| 26 | | of Public Health, including, but not limited to, tuberculosis, |
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| 1 | | the results of the test shall be personally delivered by the |
| 2 | | warden or his or her designee in a sealed envelope to the judge |
| 3 | | of the court in which the inmate must appear for the judge's |
| 4 | | inspection in camera if requested by the judge. Acting in |
| 5 | | accordance with the best interests of those in the courtroom, |
| 6 | | the judge shall have the discretion to determine what if any |
| 7 | | precautions need to be taken to prevent transmission of the |
| 8 | | disease in the courtroom. |
| 9 | | (h) Whenever a defendant is convicted of an offense under |
| 10 | | Section 1 or 2 of the Hypodermic Syringes and Needles Act, the |
| 11 | | defendant shall undergo medical testing to determine whether |
| 12 | | the defendant has been exposed to human immunodeficiency virus |
| 13 | | (HIV) or any other identified causative agent of acquired |
| 14 | | immunodeficiency syndrome (AIDS). Except as otherwise provided |
| 15 | | by law, the results of such test shall be kept strictly |
| 16 | | confidential by all medical personnel involved in the testing |
| 17 | | and must be personally delivered in a sealed envelope to the |
| 18 | | judge of the court in which the conviction was entered for the |
| 19 | | judge's inspection in camera. Acting in accordance with the |
| 20 | | best interests of the public, the judge shall have the |
| 21 | | discretion to determine to whom, if anyone, the results of the |
| 22 | | testing may be revealed. The court shall notify the defendant |
| 23 | | of a positive test showing an infection with the human |
| 24 | | immunodeficiency virus (HIV). The court shall provide |
| 25 | | information on the availability of HIV testing and counseling |
| 26 | | at Department of Public Health facilities to all parties to |
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| 1 | | whom the results of the testing are revealed and shall direct |
| 2 | | the State's Attorney to provide the information to the victim |
| 3 | | when possible. The court shall order that the cost of any such |
| 4 | | test shall be paid by the county and may be taxed as costs |
| 5 | | against the convicted defendant. |
| 6 | | (i) All fines and penalties imposed under this Section for |
| 7 | | any violation of Chapters 3, 4, 6, and 11 of the Illinois |
| 8 | | Vehicle Code, or a similar provision of a local ordinance, and |
| 9 | | any violation of the Child Passenger Protection Act, or a |
| 10 | | similar provision of a local ordinance, shall be collected and |
| 11 | | disbursed by the circuit clerk as provided under the Criminal |
| 12 | | and Traffic Assessment Act. |
| 13 | | (j) In cases when prosecution for any violation of Section |
| 14 | | 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-8, 11-9, |
| 15 | | 11-11, 11-14, 11-14.3, 11-14.4, 11-15, 11-15.1, 11-16, 11-17, |
| 16 | | 11-17.1, 11-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 11-20.1, |
| 17 | | 11-20.1B, 11-20.3, 11-21, 11-30, 11-40, 12-13, 12-14, 12-14.1, |
| 18 | | 12-15, or 12-16 of the Criminal Code of 1961 or the Criminal |
| 19 | | Code of 2012, any violation of the Illinois Controlled |
| 20 | | Substances Act, any violation of the Cannabis Control Act, or |
| 21 | | any violation of the Methamphetamine Control and Community |
| 22 | | Protection Act results in conviction, a disposition of court |
| 23 | | supervision, or an order of probation granted under Section 10 |
| 24 | | of the Cannabis Control Act, Section 410 of the Illinois |
| 25 | | Controlled Substances Act, or Section 70 of the |
| 26 | | Methamphetamine Control and Community Protection Act of a |
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| 1 | | defendant, the court shall determine whether the defendant is |
| 2 | | employed by a facility or center as defined under the Child |
| 3 | | Care Act of 1969, a public or private elementary or secondary |
| 4 | | school, or otherwise works with children under 18 years of age |
| 5 | | on a daily basis. When a defendant is so employed, the court |
| 6 | | shall order the Clerk of the Court to send a copy of the |
| 7 | | judgment of conviction or order of supervision or probation to |
| 8 | | the defendant's employer by certified mail. If the employer of |
| 9 | | the defendant is a school, the Clerk of the Court shall direct |
| 10 | | the mailing of a copy of the judgment of conviction or order of |
| 11 | | supervision or probation to the appropriate regional |
| 12 | | superintendent of schools. The regional superintendent of |
| 13 | | schools shall notify the State Board of Education of any |
| 14 | | notification under this subsection. |
| 15 | | (j-5) A defendant at least 17 years of age who is convicted |
| 16 | | of a felony and who has not been previously convicted of a |
| 17 | | misdemeanor or felony and who is sentenced to a term of |
| 18 | | imprisonment in the Illinois Department of Corrections shall |
| 19 | | as a condition of his or her sentence be required by the court |
| 20 | | to attend educational courses designed to prepare the |
| 21 | | defendant for a high school diploma and to work toward a high |
| 22 | | school diploma or to work toward passing high school |
| 23 | | equivalency testing or to work toward completing a vocational |
| 24 | | training program offered by the Department of Corrections. If |
| 25 | | a defendant fails to complete the educational training |
| 26 | | required by his or her sentence during the term of |
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| 1 | | incarceration, the Prisoner Review Board shall, as a condition |
| 2 | | of mandatory supervised release, require the defendant, at his |
| 3 | | or her own expense, to pursue a course of study toward a high |
| 4 | | school diploma or passage of high school equivalency testing. |
| 5 | | The Prisoner Review Board shall revoke the mandatory |
| 6 | | supervised release of a defendant who wilfully fails to comply |
| 7 | | with this subsection (j-5) upon his or her release from |
| 8 | | confinement in a penal institution while serving a mandatory |
| 9 | | supervised release term; however, the inability of the |
| 10 | | defendant after making a good faith effort to obtain financial |
| 11 | | aid or pay for the educational training shall not be deemed a |
| 12 | | wilful failure to comply. The Prisoner Review Board shall |
| 13 | | recommit the defendant whose mandatory supervised release term |
| 14 | | has been revoked under this subsection (j-5) as provided in |
| 15 | | Section 3-3-9. This subsection (j-5) does not apply to a |
| 16 | | defendant who has a high school diploma or has successfully |
| 17 | | passed high school equivalency testing. This subsection (j-5) |
| 18 | | does not apply to a defendant who is determined by the court to |
| 19 | | be a person with a developmental disability or otherwise |
| 20 | | mentally incapable of completing the educational or vocational |
| 21 | | program. |
| 22 | | (k) (Blank). |
| 23 | | (l)(A) Except as provided in paragraph (C) of subsection |
| 24 | | (l), whenever a defendant, who is not a citizen or national of |
| 25 | | the United States, is convicted of any felony or misdemeanor |
| 26 | | offense, the court after sentencing the defendant may, upon |
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| 1 | | motion of the State's Attorney, hold sentence in abeyance and |
| 2 | | remand the defendant to the custody of the Attorney General of |
| 3 | | the United States or his or her designated agent to be deported |
| 4 | | when: |
| 5 | | (1) a final order of deportation has been issued |
| 6 | | against the defendant pursuant to proceedings under the |
| 7 | | Immigration and Nationality Act, and |
| 8 | | (2) the deportation of the defendant would not |
| 9 | | deprecate the seriousness of the defendant's conduct and |
| 10 | | would not be inconsistent with the ends of justice. |
| 11 | | Otherwise, the defendant shall be sentenced as provided in |
| 12 | | this Chapter V. |
| 13 | | (B) If the defendant has already been sentenced for a |
| 14 | | felony or misdemeanor offense, or has been placed on probation |
| 15 | | under Section 10 of the Cannabis Control Act, Section 410 of |
| 16 | | the Illinois Controlled Substances Act, or Section 70 of the |
| 17 | | Methamphetamine Control and Community Protection Act, the |
| 18 | | court may, upon motion of the State's Attorney to suspend the |
| 19 | | sentence imposed, commit the defendant to the custody of the |
| 20 | | Attorney General of the United States or his or her designated |
| 21 | | agent when: |
| 22 | | (1) a final order of deportation has been issued |
| 23 | | against the defendant pursuant to proceedings under the |
| 24 | | Immigration and Nationality Act, and |
| 25 | | (2) the deportation of the defendant would not |
| 26 | | deprecate the seriousness of the defendant's conduct and |
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| 1 | | would not be inconsistent with the ends of justice. |
| 2 | | (C) This subsection (l) does not apply to offenders who |
| 3 | | are subject to the provisions of paragraph (2) of subsection |
| 4 | | (a) of Section 3-6-3. |
| 5 | | (D) Upon motion of the State's Attorney, if a defendant |
| 6 | | sentenced under this Section returns to the jurisdiction of |
| 7 | | the United States, the defendant shall be recommitted to the |
| 8 | | custody of the county from which he or she was sentenced. |
| 9 | | Thereafter, the defendant shall be brought before the |
| 10 | | sentencing court, which may impose any sentence that was |
| 11 | | available under Section 5-5-3 at the time of initial |
| 12 | | sentencing. In addition, the defendant shall not be eligible |
| 13 | | for additional earned sentence credit as provided under |
| 14 | | Section 3-6-3. |
| 15 | | (m) A person convicted of criminal defacement of property |
| 16 | | under Section 21-1.3 of the Criminal Code of 1961 or the |
| 17 | | Criminal Code of 2012, in which the property damage exceeds |
| 18 | | $300 and the property damaged is a school building, shall be |
| 19 | | ordered to perform community service that may include cleanup, |
| 20 | | removal, or painting over the defacement. |
| 21 | | (n) The court may sentence a person convicted of a |
| 22 | | violation of Section 12-19, 12-21, 16-1.3, or 17-56, or |
| 23 | | subsection (a) or (b) of Section 12-4.4a, of the Criminal Code |
| 24 | | of 1961 or the Criminal Code of 2012 (i) to an impact |
| 25 | | incarceration program if the person is otherwise eligible for |
| 26 | | that program under Section 5-8-1.1, (ii) to community service, |
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| 1 | | or (iii) if the person has a substance use disorder, as defined |
| 2 | | in the Substance Use Disorder Act, to a treatment program |
| 3 | | licensed under that Act. |
| 4 | | (o) Whenever a person is convicted of a sex offense as |
| 5 | | defined in Section 2 of the Sex Offender Registration Act, the |
| 6 | | defendant's driver's license or permit shall be subject to |
| 7 | | renewal on an annual basis in accordance with the provisions |
| 8 | | of license renewal established by the Secretary of State. |
| 9 | | (Source: P.A. 101-81, eff. 7-12-19; 102-168, eff. 7-27-21; |
| 10 | | 102-531, eff. 1-1-22; 102-813, eff. 5-13-22; 102-1030, eff. |
| 11 | | 5-27-22.)
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| 12 | | (Text of Section after amendment by P.A. 103-51) |
| 13 | | Sec. 5-5-3. Disposition. |
| 14 | | (a) (Blank). |
| 15 | | (b) (Blank). |
| 16 | | (c)(1) (Blank). |
| 17 | | (2) A period of probation, a term of periodic imprisonment |
| 18 | | or conditional discharge shall not be imposed for the |
| 19 | | following offenses. The court shall sentence the offender to |
| 20 | | not less than the minimum term of imprisonment set forth in |
| 21 | | this Code for the following offenses, and may order a fine or |
| 22 | | restitution or both in conjunction with such term of |
| 23 | | imprisonment: |
| 24 | | (A) First degree murder. |
| 25 | | (B) Attempted first degree murder. |
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| 1 | | (C) A Class X felony. |
| 2 | | (D) A violation of Section 401.1 or 407 of the |
| 3 | | Illinois Controlled Substances Act, or a violation of |
| 4 | | subdivision (c)(1.5) of Section 401 of that Act which |
| 5 | | relates to more than 5 grams of a substance containing |
| 6 | | fentanyl or an analog thereof. |
| 7 | | (D-5) A violation of subdivision (c)(1) of Section 401 |
| 8 | | of the Illinois Controlled Substances Act which relates to |
| 9 | | 3 or more grams of a substance containing heroin or an |
| 10 | | analog thereof. |
| 11 | | (E) (Blank). |
| 12 | | (F) A Class 1 or greater felony if the offender had |
| 13 | | been convicted of a Class 1 or greater felony, including |
| 14 | | any state or federal conviction for an offense that |
| 15 | | contained, at the time it was committed, the same elements |
| 16 | | as an offense now (the date of the offense committed after |
| 17 | | the prior Class 1 or greater felony) classified as a Class |
| 18 | | 1 or greater felony, within 10 years of the date on which |
| 19 | | the offender committed the offense for which he or she is |
| 20 | | being sentenced, except as otherwise provided in Section |
| 21 | | 40-10 of the Substance Use Disorder Act. |
| 22 | | (F-3) A Class 2 or greater felony sex offense or |
| 23 | | felony firearm offense if the offender had been convicted |
| 24 | | of a Class 2 or greater felony, including any state or |
| 25 | | federal conviction for an offense that contained, at the |
| 26 | | time it was committed, the same elements as an offense now |
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| 1 | | (the date of the offense committed after the prior Class 2 |
| 2 | | or greater felony) classified as a Class 2 or greater |
| 3 | | felony, within 10 years of the date on which the offender |
| 4 | | committed the offense for which he or she is being |
| 5 | | sentenced, except as otherwise provided in Section 40-10 |
| 6 | | of the Substance Use Disorder Act. |
| 7 | | (F-5) A violation of Section 24-1, 24-1.1, or 24-1.6 |
| 8 | | of the Criminal Code of 1961 or the Criminal Code of 2012 |
| 9 | | for which imprisonment is prescribed in those Sections. |
| 10 | | (G) Residential burglary, except as otherwise provided |
| 11 | | in Section 40-10 of the Substance Use Disorder Act. |
| 12 | | (H) Criminal sexual assault. |
| 13 | | (I) Aggravated battery of a senior citizen as |
| 14 | | described in Section 12-4.6 or subdivision (a)(4) of |
| 15 | | Section 12-3.05 of the Criminal Code of 1961 or the |
| 16 | | Criminal Code of 2012. |
| 17 | | (J) A forcible felony if the offense was related to |
| 18 | | the activities of an organized gang. |
| 19 | | Before July 1, 1994, for the purposes of this |
| 20 | | paragraph, "organized gang" means an association of 5 or |
| 21 | | more persons, with an established hierarchy, that |
| 22 | | encourages members of the association to perpetrate crimes |
| 23 | | or provides support to the members of the association who |
| 24 | | do commit crimes. |
| 25 | | Beginning July 1, 1994, for the purposes of this |
| 26 | | paragraph, "organized gang" has the meaning ascribed to it |
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| 1 | | in Section 10 of the Illinois Streetgang Terrorism Omnibus |
| 2 | | Prevention Act. |
| 3 | | (K) Vehicular hijacking. |
| 4 | | (L) A second or subsequent conviction for the offense |
| 5 | | of hate crime when the underlying offense upon which the |
| 6 | | hate crime is based is felony aggravated assault or felony |
| 7 | | mob action. |
| 8 | | (M) A second or subsequent conviction for the offense |
| 9 | | of institutional vandalism if the damage to the property |
| 10 | | exceeds $300. |
| 11 | | (N) A Class 3 felony violation of paragraph (1) of |
| 12 | | subsection (a) of Section 2 of the Firearm Owners |
| 13 | | Identification Card Act. |
| 14 | | (O) A violation of Section 12-6.1 or 12-6.5 of the |
| 15 | | Criminal Code of 1961 or the Criminal Code of 2012. |
| 16 | | (P) A violation of paragraph (1), (2), (3), (4), (5), |
| 17 | | or (7) of subsection (a) of Section 11-20.1 of the |
| 18 | | Criminal Code of 1961 or the Criminal Code of 2012. |
| 19 | | (P-5) A violation of paragraph (6) of subsection (a) |
| 20 | | of Section 11-20.1 of the Criminal Code of 1961 or the |
| 21 | | Criminal Code of 2012 if the victim is a household or |
| 22 | | family member of the defendant. |
| 23 | | (Q) A violation of subsection (b) or (b-5) of Section |
| 24 | | 20-1, Section 20-1.2, or Section 20-1.3 of the Criminal |
| 25 | | Code of 1961 or the Criminal Code of 2012. |
| 26 | | (R) A violation of Section 24-3A of the Criminal Code |
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| 1 | | of 1961 or the Criminal Code of 2012. |
| 2 | | (S) (Blank). |
| 3 | | (T) (Blank). |
| 4 | | (U) A second or subsequent violation of Section 6-303 |
| 5 | | of the Illinois Vehicle Code committed while his or her |
| 6 | | driver's license, permit, or privilege was revoked because |
| 7 | | of a violation of Section 9-3 of the Criminal Code of 1961 |
| 8 | | or the Criminal Code of 2012, relating to the offense of |
| 9 | | reckless homicide, or a similar provision of a law of |
| 10 | | another state. |
| 11 | | (V) A violation of paragraph (4) of subsection (c) of |
| 12 | | Section 11-20.1B or paragraph (4) of subsection (c) of |
| 13 | | Section 11-20.3 of the Criminal Code of 1961, or paragraph |
| 14 | | (6) of subsection (a) of Section 11-20.1 of the Criminal |
| 15 | | Code of 2012 when the victim is under 13 years of age and |
| 16 | | the defendant has previously been convicted under the laws |
| 17 | | of this State or any other state of the offense of child |
| 18 | | pornography, aggravated child pornography, aggravated |
| 19 | | criminal sexual abuse, aggravated criminal sexual assault, |
| 20 | | predatory criminal sexual assault of a child, or any of |
| 21 | | the offenses formerly known as rape, deviate sexual |
| 22 | | assault, indecent liberties with a child, or aggravated |
| 23 | | indecent liberties with a child where the victim was under |
| 24 | | the age of 18 years or an offense that is substantially |
| 25 | | equivalent to those offenses. |
| 26 | | (W) A violation of Section 24-3.5 of the Criminal Code |
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| 1 | | of 1961 or the Criminal Code of 2012. |
| 2 | | (X) A violation of subsection (a) of Section 31-1a of |
| 3 | | the Criminal Code of 1961 or the Criminal Code of 2012. |
| 4 | | (Y) A conviction for unlawful possession of a firearm |
| 5 | | by a street gang member when the firearm was loaded or |
| 6 | | contained firearm ammunition. |
| 7 | | (Z) A Class 1 felony committed while he or she was |
| 8 | | serving a term of probation or conditional discharge for a |
| 9 | | felony. |
| 10 | | (AA) Theft of property exceeding $500,000 and not |
| 11 | | exceeding $1,000,000 in value. |
| 12 | | (BB) Laundering of criminally derived property of a |
| 13 | | value exceeding $500,000. |
| 14 | | (CC) Knowingly selling, offering for sale, holding for |
| 15 | | sale, or using 2,000 or more counterfeit items or |
| 16 | | counterfeit items having a retail value in the aggregate |
| 17 | | of $500,000 or more. |
| 18 | | (DD) A conviction for aggravated assault under |
| 19 | | paragraph (6) of subsection (c) of Section 12-2 of the |
| 20 | | Criminal Code of 1961 or the Criminal Code of 2012 if the |
| 21 | | firearm is aimed toward the person against whom the |
| 22 | | firearm is being used. |
| 23 | | (EE) A conviction for a violation of paragraph (2) of |
| 24 | | subsection (a) of Section 24-3B of the Criminal Code of |
| 25 | | 2012. |
| 26 | | (FF) A second or subsequent conviction for a violation |
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| 1 | | of paragraph (m) or (n) of subsection (A) of Section 24-3 |
| 2 | | of the Criminal Code of 2012. |
| 3 | | (3) (Blank). |
| 4 | | (4) A minimum term of imprisonment of not less than 10 |
| 5 | | consecutive days or 30 days of community service shall be |
| 6 | | imposed for a violation of paragraph (c) of Section 6-303 of |
| 7 | | the Illinois Vehicle Code. |
| 8 | | (4.1) (Blank). |
| 9 | | (4.2) Except as provided in paragraphs (4.3) and (4.8) of |
| 10 | | this subsection (c), a minimum of 100 hours of community |
| 11 | | service shall be imposed for a second violation of Section |
| 12 | | 6-303 of the Illinois Vehicle Code. |
| 13 | | (4.3) A minimum term of imprisonment of 30 days or 300 |
| 14 | | hours of community service, as determined by the court, shall |
| 15 | | be imposed for a second violation of subsection (c) of Section |
| 16 | | 6-303 of the Illinois Vehicle Code. |
| 17 | | (4.4) Except as provided in paragraphs (4.5), (4.6), and |
| 18 | | (4.9) of this subsection (c), a minimum term of imprisonment |
| 19 | | of 30 days or 300 hours of community service, as determined by |
| 20 | | the court, shall be imposed for a third or subsequent |
| 21 | | violation of Section 6-303 of the Illinois Vehicle Code. The |
| 22 | | court may give credit toward the fulfillment of community |
| 23 | | service hours for participation in activities and treatment as |
| 24 | | determined by court services. |
| 25 | | (4.5) A minimum term of imprisonment of 30 days shall be |
| 26 | | imposed for a third violation of subsection (c) of Section |
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| 1 | | 6-303 of the Illinois Vehicle Code. |
| 2 | | (4.6) Except as provided in paragraph (4.10) of this |
| 3 | | subsection (c), a minimum term of imprisonment of 180 days |
| 4 | | shall be imposed for a fourth or subsequent violation of |
| 5 | | subsection (c) of Section 6-303 of the Illinois Vehicle Code. |
| 6 | | (4.7) A minimum term of imprisonment of not less than 30 |
| 7 | | consecutive days, or 300 hours of community service, shall be |
| 8 | | imposed for a violation of subsection (a-5) of Section 6-303 |
| 9 | | of the Illinois Vehicle Code, as provided in subsection (b-5) |
| 10 | | of that Section. |
| 11 | | (4.8) A mandatory prison sentence shall be imposed for a |
| 12 | | second violation of subsection (a-5) of Section 6-303 of the |
| 13 | | Illinois Vehicle Code, as provided in subsection (c-5) of that |
| 14 | | Section. The person's driving privileges shall be revoked for |
| 15 | | a period of not less than 5 years from the date of his or her |
| 16 | | release from prison. |
| 17 | | (4.9) A mandatory prison sentence of not less than 4 and |
| 18 | | not more than 15 years shall be imposed for a third violation |
| 19 | | of subsection (a-5) of Section 6-303 of the Illinois Vehicle |
| 20 | | Code, as provided in subsection (d-2.5) of that Section. The |
| 21 | | person's driving privileges shall be revoked for the remainder |
| 22 | | of his or her life. |
| 23 | | (4.10) A mandatory prison sentence for a Class 1 felony |
| 24 | | shall be imposed, and the person shall be eligible for an |
| 25 | | extended term sentence, for a fourth or subsequent violation |
| 26 | | of subsection (a-5) of Section 6-303 of the Illinois Vehicle |
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| 1 | | Code, as provided in subsection (d-3.5) of that Section. The |
| 2 | | person's driving privileges shall be revoked for the remainder |
| 3 | | of his or her life. |
| 4 | | (5) The court may sentence a corporation or unincorporated |
| 5 | | association convicted of any offense to: |
| 6 | | (A) a period of conditional discharge; |
| 7 | | (B) a fine; |
| 8 | | (C) make restitution to the victim under Section 5-5-6 |
| 9 | | of this Code. |
| 10 | | (5.1) In addition to any other penalties imposed, and |
| 11 | | except as provided in paragraph (5.2) or (5.3), a person |
| 12 | | convicted of violating subsection (c) of Section 11-907 of the |
| 13 | | Illinois Vehicle Code shall have his or her driver's license, |
| 14 | | permit, or privileges suspended for at least 90 days but not |
| 15 | | more than one year, if the violation resulted in damage to the |
| 16 | | property of another person. |
| 17 | | (5.2) In addition to any other penalties imposed, and |
| 18 | | except as provided in paragraph (5.3), a person convicted of |
| 19 | | violating subsection (c) of Section 11-907 of the Illinois |
| 20 | | Vehicle Code shall have his or her driver's license, permit, |
| 21 | | or privileges suspended for at least 180 days but not more than |
| 22 | | 2 years, if the violation resulted in injury to another |
| 23 | | person. |
| 24 | | (5.3) In addition to any other penalties imposed, a person |
| 25 | | convicted of violating subsection (c) of Section 11-907 of the |
| 26 | | Illinois Vehicle Code shall have his or her driver's license, |
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| 1 | | permit, or privileges suspended for 2 years, if the violation |
| 2 | | resulted in the death of another person. |
| 3 | | (5.4) In addition to any other penalties imposed, a person |
| 4 | | convicted of violating Section 3-707 of the Illinois Vehicle |
| 5 | | Code shall have his or her driver's license, permit, or |
| 6 | | privileges suspended for 3 months and until he or she has paid |
| 7 | | a reinstatement fee of $100. |
| 8 | | (5.5) In addition to any other penalties imposed, a person |
| 9 | | convicted of violating Section 3-707 of the Illinois Vehicle |
| 10 | | Code during a period in which his or her driver's license, |
| 11 | | permit, or privileges were suspended for a previous violation |
| 12 | | of that Section shall have his or her driver's license, |
| 13 | | permit, or privileges suspended for an additional 6 months |
| 14 | | after the expiration of the original 3-month suspension and |
| 15 | | until he or she has paid a reinstatement fee of $100. |
| 16 | | (6) (Blank). |
| 17 | | (7) (Blank). |
| 18 | | (8) (Blank). |
| 19 | | (9) A defendant convicted of a second or subsequent |
| 20 | | offense of ritualized abuse of a child may be sentenced to a |
| 21 | | term of natural life imprisonment. |
| 22 | | (10) (Blank). |
| 23 | | (11) The court shall impose a minimum fine of $1,000 for a |
| 24 | | first offense and $2,000 for a second or subsequent offense |
| 25 | | upon a person convicted of or placed on supervision for |
| 26 | | battery when the individual harmed was a sports official or |
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| 1 | | coach at any level of competition and the act causing harm to |
| 2 | | the sports official or coach occurred within an athletic |
| 3 | | facility or within the immediate vicinity of the athletic |
| 4 | | facility at which the sports official or coach was an active |
| 5 | | participant of the athletic contest held at the athletic |
| 6 | | facility. For the purposes of this paragraph (11), "sports |
| 7 | | official" means a person at an athletic contest who enforces |
| 8 | | the rules of the contest, such as an umpire or referee; |
| 9 | | "athletic facility" means an indoor or outdoor playing field |
| 10 | | or recreational area where sports activities are conducted; |
| 11 | | and "coach" means a person recognized as a coach by the |
| 12 | | sanctioning authority that conducted the sporting event. |
| 13 | | (12) A person may not receive a disposition of court |
| 14 | | supervision for a violation of Section 5-16 of the Boat |
| 15 | | Registration and Safety Act if that person has previously |
| 16 | | received a disposition of court supervision for a violation of |
| 17 | | that Section. |
| 18 | | (13) A person convicted of or placed on court supervision |
| 19 | | for an assault or aggravated assault when the victim and the |
| 20 | | offender are family or household members as defined in Section |
| 21 | | 103 of the Illinois Domestic Violence Act of 1986 or convicted |
| 22 | | of domestic battery or aggravated domestic battery may be |
| 23 | | required to attend a Partner Abuse Intervention Program under |
| 24 | | protocols set forth by the Illinois Department of Human |
| 25 | | Services under such terms and conditions imposed by the court. |
| 26 | | The costs of such classes shall be paid by the offender. |
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| 1 | | (d) In any case in which a sentence originally imposed is |
| 2 | | vacated, the case shall be remanded to the trial court. The |
| 3 | | trial court shall hold a hearing under Section 5-4-1 of this |
| 4 | | Code which may include evidence of the defendant's life, moral |
| 5 | | character and occupation during the time since the original |
| 6 | | sentence was passed. The trial court shall then impose |
| 7 | | sentence upon the defendant. The trial court may impose any |
| 8 | | sentence which could have been imposed at the original trial |
| 9 | | subject to Section 5-5-4 of this Code. If a sentence is vacated |
| 10 | | on appeal or on collateral attack due to the failure of the |
| 11 | | trier of fact at trial to determine beyond a reasonable doubt |
| 12 | | the existence of a fact (other than a prior conviction) |
| 13 | | necessary to increase the punishment for the offense beyond |
| 14 | | the statutory maximum otherwise applicable, either the |
| 15 | | defendant may be re-sentenced to a term within the range |
| 16 | | otherwise provided or, if the State files notice of its |
| 17 | | intention to again seek the extended sentence, the defendant |
| 18 | | shall be afforded a new trial. |
| 19 | | (e) In cases where prosecution for aggravated criminal |
| 20 | | sexual abuse under Section 11-1.60 or 12-16 of the Criminal |
| 21 | | Code of 1961 or the Criminal Code of 2012 results in conviction |
| 22 | | of a defendant who was a family member of the victim at the |
| 23 | | time of the commission of the offense, the court shall |
| 24 | | consider the safety and welfare of the victim and may impose a |
| 25 | | sentence of probation only where: |
| 26 | | (1) the court finds (A) or (B) or both are |
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| 1 | | appropriate: |
| 2 | | (A) the defendant is willing to undergo a court |
| 3 | | approved counseling program for a minimum duration of |
| 4 | | 2 years; or |
| 5 | | (B) the defendant is willing to participate in a |
| 6 | | court approved plan, including, but not limited to, |
| 7 | | the defendant's: |
| 8 | | (i) removal from the household; |
| 9 | | (ii) restricted contact with the victim; |
| 10 | | (iii) continued financial support of the |
| 11 | | family; |
| 12 | | (iv) restitution for harm done to the victim; |
| 13 | | and |
| 14 | | (v) compliance with any other measures that |
| 15 | | the court may deem appropriate; and |
| 16 | | (2) the court orders the defendant to pay for the |
| 17 | | victim's counseling services, to the extent that the court |
| 18 | | finds, after considering the defendant's income and |
| 19 | | assets, that the defendant is financially capable of |
| 20 | | paying for such services, if the victim was under 18 years |
| 21 | | of age at the time the offense was committed and requires |
| 22 | | counseling as a result of the offense. |
| 23 | | Probation may be revoked or modified pursuant to Section |
| 24 | | 5-6-4; except where the court determines at the hearing that |
| 25 | | the defendant violated a condition of his or her probation |
| 26 | | restricting contact with the victim or other family members or |
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| 1 | | commits another offense with the victim or other family |
| 2 | | members, the court shall revoke the defendant's probation and |
| 3 | | impose a term of imprisonment. |
| 4 | | For the purposes of this Section, "family member" and |
| 5 | | "victim" shall have the meanings ascribed to them in Section |
| 6 | | 11-0.1 of the Criminal Code of 2012. |
| 7 | | (f) (Blank). |
| 8 | | (g) Whenever a defendant is convicted of an offense under |
| 9 | | Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-14, |
| 10 | | 11-14.3, 11-14.4 except for an offense that involves keeping a |
| 11 | | place of juvenile prostitution, 11-15, 11-15.1, 11-16, 11-17, |
| 12 | | 11-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 12-13, 12-14, |
| 13 | | 12-14.1, 12-15, or 12-16 of the Criminal Code of 1961 or the |
| 14 | | Criminal Code of 2012, the defendant shall undergo medical |
| 15 | | testing to determine whether the defendant has any sexually |
| 16 | | transmissible disease, including a test for infection with |
| 17 | | human immunodeficiency virus (HIV) or any other identified |
| 18 | | causative agent of acquired immunodeficiency syndrome (AIDS). |
| 19 | | Any such medical test shall be performed only by appropriately |
| 20 | | licensed medical practitioners and may include an analysis of |
| 21 | | any bodily fluids as well as an examination of the defendant's |
| 22 | | person. Except as otherwise provided by law, the results of |
| 23 | | such test shall be kept strictly confidential by all medical |
| 24 | | personnel involved in the testing and must be personally |
| 25 | | delivered in a sealed envelope to the judge of the court in |
| 26 | | which the conviction was entered for the judge's inspection in |
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| 1 | | camera. Acting in accordance with the best interests of the |
| 2 | | victim and the public, the judge shall have the discretion to |
| 3 | | determine to whom, if anyone, the results of the testing may be |
| 4 | | revealed. The court shall notify the defendant of the test |
| 5 | | results. The court shall also notify the victim if requested |
| 6 | | by the victim, and if the victim is under the age of 15 and if |
| 7 | | requested by the victim's parents or legal guardian, the court |
| 8 | | shall notify the victim's parents or legal guardian of the |
| 9 | | test results. The court shall provide information on the |
| 10 | | availability of HIV testing and counseling at Department of |
| 11 | | Public Health facilities to all parties to whom the results of |
| 12 | | the testing are revealed and shall direct the State's Attorney |
| 13 | | to provide the information to the victim when possible. The |
| 14 | | court shall order that the cost of any such test shall be paid |
| 15 | | by the county and may be taxed as costs against the convicted |
| 16 | | defendant. |
| 17 | | (g-5) When an inmate is tested for an airborne |
| 18 | | communicable disease, as determined by the Illinois Department |
| 19 | | of Public Health, including, but not limited to, tuberculosis, |
| 20 | | the results of the test shall be personally delivered by the |
| 21 | | warden or his or her designee in a sealed envelope to the judge |
| 22 | | of the court in which the inmate must appear for the judge's |
| 23 | | inspection in camera if requested by the judge. Acting in |
| 24 | | accordance with the best interests of those in the courtroom, |
| 25 | | the judge shall have the discretion to determine what if any |
| 26 | | precautions need to be taken to prevent transmission of the |
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| 1 | | disease in the courtroom. |
| 2 | | (h) Whenever a defendant is convicted of an offense under |
| 3 | | Section 1 or 2 of the Hypodermic Syringes and Needles Act, the |
| 4 | | defendant shall undergo medical testing to determine whether |
| 5 | | the defendant has been exposed to human immunodeficiency virus |
| 6 | | (HIV) or any other identified causative agent of acquired |
| 7 | | immunodeficiency syndrome (AIDS). Except as otherwise provided |
| 8 | | by law, the results of such test shall be kept strictly |
| 9 | | confidential by all medical personnel involved in the testing |
| 10 | | and must be personally delivered in a sealed envelope to the |
| 11 | | judge of the court in which the conviction was entered for the |
| 12 | | judge's inspection in camera. Acting in accordance with the |
| 13 | | best interests of the public, the judge shall have the |
| 14 | | discretion to determine to whom, if anyone, the results of the |
| 15 | | testing may be revealed. The court shall notify the defendant |
| 16 | | of a positive test showing an infection with the human |
| 17 | | immunodeficiency virus (HIV). The court shall provide |
| 18 | | information on the availability of HIV testing and counseling |
| 19 | | at Department of Public Health facilities to all parties to |
| 20 | | whom the results of the testing are revealed and shall direct |
| 21 | | the State's Attorney to provide the information to the victim |
| 22 | | when possible. The court shall order that the cost of any such |
| 23 | | test shall be paid by the county and may be taxed as costs |
| 24 | | against the convicted defendant. |
| 25 | | (i) All fines and penalties imposed under this Section for |
| 26 | | any violation of Chapters 3, 4, 6, and 11 of the Illinois |
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| 1 | | Vehicle Code, or a similar provision of a local ordinance, and |
| 2 | | any violation of the Child Passenger Protection Act, or a |
| 3 | | similar provision of a local ordinance, shall be collected and |
| 4 | | disbursed by the circuit clerk as provided under the Criminal |
| 5 | | and Traffic Assessment Act. |
| 6 | | (j) In cases when prosecution for any violation of Section |
| 7 | | 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-8, 11-9, |
| 8 | | 11-11, 11-14, 11-14.3, 11-14.4, 11-15, 11-15.1, 11-16, 11-17, |
| 9 | | 11-17.1, 11-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 11-20.1, |
| 10 | | 11-20.1B, 11-20.3, 11-21, 11-30, 11-40, 12-13, 12-14, 12-14.1, |
| 11 | | 12-15, or 12-16 of the Criminal Code of 1961 or the Criminal |
| 12 | | Code of 2012, any violation of the Illinois Controlled |
| 13 | | Substances Act, any violation of the Cannabis Control Act, or |
| 14 | | any violation of the Methamphetamine Control and Community |
| 15 | | Protection Act results in conviction, a disposition of court |
| 16 | | supervision, or an order of probation granted under Section 10 |
| 17 | | of the Cannabis Control Act, Section 410 of the Illinois |
| 18 | | Controlled Substances Act, or Section 70 of the |
| 19 | | Methamphetamine Control and Community Protection Act of a |
| 20 | | defendant, the court shall determine whether the defendant is |
| 21 | | employed by a facility or center as defined under the Child |
| 22 | | Care Act of 1969, a public or private elementary or secondary |
| 23 | | school, or otherwise works with children under 18 years of age |
| 24 | | on a daily basis. When a defendant is so employed, the court |
| 25 | | shall order the Clerk of the Court to send a copy of the |
| 26 | | judgment of conviction or order of supervision or probation to |
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| 1 | | the defendant's employer by certified mail. If the employer of |
| 2 | | the defendant is a school, the Clerk of the Court shall direct |
| 3 | | the mailing of a copy of the judgment of conviction or order of |
| 4 | | supervision or probation to the appropriate regional |
| 5 | | superintendent of schools. The regional superintendent of |
| 6 | | schools shall notify the State Board of Education of any |
| 7 | | notification under this subsection. |
| 8 | | (j-5) A defendant at least 17 years of age who is convicted |
| 9 | | of a felony and who has not been previously convicted of a |
| 10 | | misdemeanor or felony and who is sentenced to a term of |
| 11 | | imprisonment in the Illinois Department of Corrections shall |
| 12 | | as a condition of his or her sentence be required by the court |
| 13 | | to attend educational courses designed to prepare the |
| 14 | | defendant for a high school diploma and to work toward a high |
| 15 | | school diploma or to work toward passing high school |
| 16 | | equivalency testing or to work toward completing a vocational |
| 17 | | training program offered by the Department of Corrections. If |
| 18 | | a defendant fails to complete the educational training |
| 19 | | required by his or her sentence during the term of |
| 20 | | incarceration, the Prisoner Review Board shall, as a condition |
| 21 | | of mandatory supervised release, require the defendant, at his |
| 22 | | or her own expense, to pursue a course of study toward a high |
| 23 | | school diploma or passage of high school equivalency testing. |
| 24 | | The Prisoner Review Board shall revoke the mandatory |
| 25 | | supervised release of a defendant who wilfully fails to comply |
| 26 | | with this subsection (j-5) upon his or her release from |
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| 1 | | confinement in a penal institution while serving a mandatory |
| 2 | | supervised release term; however, the inability of the |
| 3 | | defendant after making a good faith effort to obtain financial |
| 4 | | aid or pay for the educational training shall not be deemed a |
| 5 | | wilful failure to comply. The Prisoner Review Board shall |
| 6 | | recommit the defendant whose mandatory supervised release term |
| 7 | | has been revoked under this subsection (j-5) as provided in |
| 8 | | Section 3-3-9. This subsection (j-5) does not apply to a |
| 9 | | defendant who has a high school diploma or has successfully |
| 10 | | passed high school equivalency testing. This subsection (j-5) |
| 11 | | does not apply to a defendant who is determined by the court to |
| 12 | | be a person with a developmental disability or otherwise |
| 13 | | mentally incapable of completing the educational or vocational |
| 14 | | program. |
| 15 | | (k) (Blank). |
| 16 | | (l)(A) Except as provided in paragraph (C) of subsection |
| 17 | | (l), whenever a defendant, who is not a citizen or national of |
| 18 | | the United States, is convicted of any felony or misdemeanor |
| 19 | | offense, the court after sentencing the defendant may, upon |
| 20 | | motion of the State's Attorney, hold sentence in abeyance and |
| 21 | | remand the defendant to the custody of the Attorney General of |
| 22 | | the United States or his or her designated agent to be deported |
| 23 | | when: |
| 24 | | (1) a final order of deportation has been issued |
| 25 | | against the defendant pursuant to proceedings under the |
| 26 | | Immigration and Nationality Act, and |
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| 1 | | (2) the deportation of the defendant would not |
| 2 | | deprecate the seriousness of the defendant's conduct and |
| 3 | | would not be inconsistent with the ends of justice. |
| 4 | | Otherwise, the defendant shall be sentenced as provided in |
| 5 | | this Chapter V. |
| 6 | | (B) If the defendant has already been sentenced for a |
| 7 | | felony or misdemeanor offense, or has been placed on probation |
| 8 | | under Section 10 of the Cannabis Control Act, Section 410 of |
| 9 | | the Illinois Controlled Substances Act, or Section 70 of the |
| 10 | | Methamphetamine Control and Community Protection Act, the |
| 11 | | court may, upon motion of the State's Attorney to suspend the |
| 12 | | sentence imposed, commit the defendant to the custody of the |
| 13 | | Attorney General of the United States or his or her designated |
| 14 | | agent when: |
| 15 | | (1) a final order of deportation has been issued |
| 16 | | against the defendant pursuant to proceedings under the |
| 17 | | Immigration and Nationality Act, and |
| 18 | | (2) the deportation of the defendant would not |
| 19 | | deprecate the seriousness of the defendant's conduct and |
| 20 | | would not be inconsistent with the ends of justice. |
| 21 | | (C) This subsection (l) does not apply to offenders who |
| 22 | | are subject to the provisions of paragraph (2) of subsection |
| 23 | | (a) of Section 3-6-3. |
| 24 | | (D) Upon motion of the State's Attorney, if a defendant |
| 25 | | sentenced under this Section returns to the jurisdiction of |
| 26 | | the United States, the defendant shall be recommitted to the |
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| 1 | | custody of the county from which he or she was sentenced. |
| 2 | | Thereafter, the defendant shall be brought before the |
| 3 | | sentencing court, which may impose any sentence that was |
| 4 | | available under Section 5-5-3 at the time of initial |
| 5 | | sentencing. In addition, the defendant shall not be eligible |
| 6 | | for additional earned sentence credit as provided under |
| 7 | | Section 3-6-3. |
| 8 | | (m) A person convicted of criminal defacement of property |
| 9 | | under Section 21-1.3 of the Criminal Code of 1961 or the |
| 10 | | Criminal Code of 2012, in which the property damage exceeds |
| 11 | | $300 and the property damaged is a school building, shall be |
| 12 | | ordered to perform community service that may include cleanup, |
| 13 | | removal, or painting over the defacement. |
| 14 | | (n) The court may sentence a person convicted of a |
| 15 | | violation of Section 12-19, 12-21, 16-1.3, or 17-56, or |
| 16 | | subsection (a) or (b) of Section 12-4.4a, of the Criminal Code |
| 17 | | of 1961 or the Criminal Code of 2012 (i) to an impact |
| 18 | | incarceration program if the person is otherwise eligible for |
| 19 | | that program under Section 5-8-1.1, (ii) to community service, |
| 20 | | or (iii) if the person has a substance use disorder, as defined |
| 21 | | in the Substance Use Disorder Act, to a treatment program |
| 22 | | licensed under that Act. |
| 23 | | (o) Whenever a person is convicted of a sex offense as |
| 24 | | defined in Section 2 of the Sex Offender Registration Act, the |
| 25 | | defendant's driver's license or permit shall be subject to |
| 26 | | renewal on an annual basis in accordance with the provisions |