Sen. Antonio Muņoz

Filed: 3/3/2017

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1
AMENDMENT TO SENATE BILL 1722
2 AMENDMENT NO. ______. Amend Senate Bill 1722 by replacing
3everything after the enacting clause with the following:
4 "Section 1. This Act may be referred to as the Safe
5Neighborhoods Reform Act.
6 Section 5. The Criminal Identification Act is amended by
7changing Section 2.1 as follows:
8 (20 ILCS 2630/2.1) (from Ch. 38, par. 206-2.1)
9 Sec. 2.1. For the purpose of maintaining complete and
10accurate criminal records of the Department of State Police, it
11is necessary for all policing bodies of this State, the clerk
12of the circuit court, the Illinois Department of Corrections,
13the sheriff of each county, and State's Attorney of each county
14to submit certain criminal arrest, charge, and disposition
15information to the Department for filing at the earliest time

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1possible. Unless otherwise noted herein, it shall be the duty
2of all policing bodies of this State, the clerk of the circuit
3court, the Illinois Department of Corrections, the sheriff of
4each county, and the State's Attorney of each county to report
5such information as provided in this Section, both in the form
6and manner required by the Department and within 30 days of the
7criminal history event. Specifically:
8 (a) Arrest Information. All agencies making arrests for
9offenses which are required by statute to be collected,
10maintained or disseminated by the Department of State Police
11shall be responsible for furnishing daily to the Department
12fingerprints, charges and descriptions of all persons who are
13arrested for such offenses. All such agencies shall also notify
14the Department of all decisions by the arresting agency not to
15refer such arrests for prosecution. With approval of the
16Department, an agency making such arrests may enter into
17arrangements with other agencies for the purpose of furnishing
18daily such fingerprints, charges and descriptions to the
19Department upon its behalf.
20 (b) Charge Information. The State's Attorney of each county
21shall notify the Department of all charges filed and all
22petitions filed alleging that a minor is delinquent, including
23all those added subsequent to the filing of a case, and whether
24charges were not filed in cases for which the Department has
25received information required to be reported pursuant to
26paragraph (a) of this Section. With approval of the Department,

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1the State's Attorney may enter into arrangements with other
2agencies for the purpose of furnishing the information required
3by this subsection (b) to the Department upon the State's
4Attorney's behalf.
5 (c) Disposition Information. The clerk of the circuit court
6of each county shall furnish the Department, in the form and
7manner required by the Supreme Court, with all final
8dispositions of cases for which the Department has received
9information required to be reported pursuant to paragraph (a)
10or (d) of this Section. Such information shall include, for
11each charge, all (1) judgments of not guilty, judgments of
12guilty including the sentence pronounced by the court with
13statutory citations to the relevant sentencing provision,
14findings that a minor is delinquent and any sentence made based
15on those findings, discharges and dismissals in the court; (2)
16reviewing court orders filed with the clerk of the circuit
17court which reverse or remand a reported conviction or findings
18that a minor is delinquent or that vacate or modify a sentence
19or sentence made following a trial that a minor is delinquent;
20(3) continuances to a date certain in furtherance of an order
21of supervision granted under Section 5-6-1 of the Unified Code
22of Corrections or an order of probation granted under Section
2310 of the Cannabis Control Act, Section 410 of the Illinois
24Controlled Substances Act, Section 70 of the Methamphetamine
25Control and Community Protection Act, Section 12-4.3 or
26subdivision (b)(1) of Section 12-3.05 of the Criminal Code of

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11961 or the Criminal Code of 2012, Section 10-102 of the
2Illinois Alcoholism and Other Drug Dependency Act, Section
340-10 of the Alcoholism and Other Drug Abuse and Dependency
4Act, Section 10 of the Steroid Control Act, or Section 5-615 of
5the Juvenile Court Act of 1987; and (4) judgments or court
6orders terminating or revoking a sentence to or juvenile
7disposition of probation, supervision or conditional discharge
8and any resentencing or new court orders entered by a juvenile
9court relating to the disposition of a minor's case involving
10delinquency after such revocation.
11 (d) Fingerprints After Sentencing.
12 (1) After the court pronounces sentence, sentences a
13 minor following a trial in which a minor was found to be
14 delinquent or issues an order of supervision or an order of
15 probation granted under Section 10 of the Cannabis Control
16 Act, Section 410 of the Illinois Controlled Substances Act,
17 Section 70 of the Methamphetamine Control and Community
18 Protection Act, Section 12-4.3 or subdivision (b)(1) of
19 Section 12-3.05 of the Criminal Code of 1961 or the
20 Criminal Code of 2012, Section 10-102 of the Illinois
21 Alcoholism and Other Drug Dependency Act, Section 40-10 of
22 the Alcoholism and Other Drug Abuse and Dependency Act,
23 Section 10 of the Steroid Control Act, or Section 5-615 of
24 the Juvenile Court Act of 1987 for any offense which is
25 required by statute to be collected, maintained, or
26 disseminated by the Department of State Police, the State's

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1 Attorney of each county shall ask the court to order a law
2 enforcement agency to fingerprint immediately all persons
3 appearing before the court who have not previously been
4 fingerprinted for the same case. The court shall so order
5 the requested fingerprinting, if it determines that any
6 such person has not previously been fingerprinted for the
7 same case. The law enforcement agency shall submit such
8 fingerprints to the Department daily.
9 (2) After the court pronounces sentence or makes a
10 disposition of a case following a finding of delinquency
11 for any offense which is not required by statute to be
12 collected, maintained, or disseminated by the Department
13 of State Police, the prosecuting attorney may ask the court
14 to order a law enforcement agency to fingerprint
15 immediately all persons appearing before the court who have
16 not previously been fingerprinted for the same case. The
17 court may so order the requested fingerprinting, if it
18 determines that any so sentenced person has not previously
19 been fingerprinted for the same case. The law enforcement
20 agency may retain such fingerprints in its files.
21 (e) Corrections Information. The Illinois Department of
22Corrections and the sheriff of each county shall furnish the
23Department with all information concerning the receipt,
24escape, execution, death, release, pardon, parole, commutation
25of sentence, granting of executive clemency or discharge of an
26individual who has been sentenced or committed to the agency's

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1custody for any offenses which are mandated by statute to be
2collected, maintained or disseminated by the Department of
3State Police. For an individual who has been charged with any
4such offense and who escapes from custody or dies while in
5custody, all information concerning the receipt and escape or
6death, whichever is appropriate, shall also be so furnished to
7the Department.
8(Source: P.A. 96-1551, eff. 7-1-11; 97-1150, eff. 1-25-13.)
9 Section 10. The Clerks of Courts Act is amended by changing
10Section 14 as follows:
11 (705 ILCS 105/14) (from Ch. 25, par. 14)
12 Sec. 14. The clerks shall enter of record all judgments and
13orders of their respective courts, as soon after the rendition
14or making thereof as practicable.
15 Immediately after a judgment of dissolution of marriage or
16declaration of invalidity of marriage is granted in this State,
17the clerk of the court which granted the judgment of
18dissolution of marriage or declaration of invalidity of
19marriage shall complete and sign the form furnished by the
20Department of Public Health, and forward such form to the
21Department of Public Health within 45 days after the close of
22the month in which the judgment is rendered.
23 The clerk of the circuit court of each county shall, on a
24monthly basis, provide electronic copies of sentencing orders

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1of persons sentenced under Section 5-4.5-110 of the Unified
2Code of Corrections to the Sentencing Policy Advisory Council
3for the purposes of analysis and reporting.
4(Source: P.A. 83-346.)
5 Section 15. The Criminal Code of 2012 is amended by
6changing Sections 19-1, 24-1.1, and 24-1.6 as follows:
7 (720 ILCS 5/19-1) (from Ch. 38, par. 19-1)
8 Sec. 19-1. Burglary.
9 (a) A person commits burglary when without authority he or
10she knowingly enters or without authority remains within a
11building, housetrailer, watercraft, aircraft, motor vehicle,
12railroad car, or any part thereof, with intent to commit
13therein a felony or theft. This offense shall not include the
14offenses set out in Section 4-102 of the Illinois Vehicle Code.
15 (b) Sentence.
16 Burglary committed in, and without causing damage to, a
17watercraft, aircraft, motor vehicle, railroad car, or any part
18thereof is a Class 3 felony. Burglary committed in a building,
19housetrailer, or any part thereof or while causing damage to a
20watercraft, aircraft, motor vehicle, railroad car, or any part
21thereof is a Class 2 felony. A burglary committed in a school,
22day care center, day care home, group day care home, or part
23day child care facility, or place of worship is a Class 1
24felony, except that this provision does not apply to a day care

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1center, day care home, group day care home, or part day child
2care facility operated in a private residence used as a
3dwelling.
4 (c) Regarding penalties prescribed in subsection (b) for
5violations committed in a day care center, day care home, group
6day care home, or part day child care facility, the time of
7day, time of year, and whether children under 18 years of age
8were present in the day care center, day care home, group day
9care home, or part day child care facility are irrelevant.
10(Source: P.A. 96-556, eff. 1-1-10; 97-1108, eff. 1-1-13.)
11 (720 ILCS 5/24-1.1) (from Ch. 38, par. 24-1.1)
12 Sec. 24-1.1. Unlawful Use or Possession of Weapons by
13Felons or Persons in the Custody of the Department of
14Corrections Facilities.
15 (a) It is unlawful for a person to knowingly possess on or
16about his person or on his land or in his own abode or fixed
17place of business any weapon prohibited under Section 24-1 of
18this Act or any firearm or any firearm ammunition if the person
19has been convicted of a felony under the laws of this State or
20any other jurisdiction. This Section shall not apply if the
21person has been granted relief by the Director of the
22Department of State Police under Section 10 of the Firearm
23Owners Identification Card Act.
24 (b) It is unlawful for any person confined in a penal
25institution, which is a facility of the Illinois Department of

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1Corrections, to possess any weapon prohibited under Section
224-1 of this Code or any firearm or firearm ammunition,
3regardless of the intent with which he possesses it.
4 (c) It shall be an affirmative defense to a violation of
5subsection (b), that such possession was specifically
6authorized by rule, regulation, or directive of the Illinois
7Department of Corrections or order issued pursuant thereto.
8 (d) The defense of necessity is not available to a person
9who is charged with a violation of subsection (b) of this
10Section.
11 (e) Sentence. Violation of this Section by a person not
12confined in a penal institution shall be a Class 3 felony for
13which the person shall be sentenced to no less than 2 years and
14no more than 10 years. A and any second or subsequent violation
15of this Section shall be a Class 2 felony for which the person
16shall be sentenced to a term of imprisonment of not less than 3
17years and not more than 14 years, except as provided for in
18Section 5-4.5-110 of the Unified Code of Corrections. Violation
19of this Section by a person not confined in a penal institution
20who has been convicted of a forcible felony, a felony violation
21of Article 24 of this Code or of the Firearm Owners
22Identification Card Act, stalking or aggravated stalking, or a
23Class 2 or greater felony under the Illinois Controlled
24Substances Act, the Cannabis Control Act, or the
25Methamphetamine Control and Community Protection Act is a Class
262 felony for which the person shall be sentenced to not less

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1than 3 years and not more than 14 years, except as provided for
2in Section 5-4.5-110 of the Unified Code of Corrections.
3Violation of this Section by a person who is on parole or
4mandatory supervised release is a Class 2 felony for which the
5person shall be sentenced to not less than 3 years and not more
6than 14 years, except as provided for in Section 5-4.5-110 of
7the Unified Code of Corrections. Violation of this Section by a
8person not confined in a penal institution is a Class X felony
9when the firearm possessed is a machine gun. Any person who
10violates this Section while confined in a penal institution,
11which is a facility of the Illinois Department of Corrections,
12is guilty of a Class 1 felony, if he possesses any weapon
13prohibited under Section 24-1 of this Code regardless of the
14intent with which he possesses it, a Class X felony if he
15possesses any firearm, firearm ammunition or explosive, and a
16Class X felony for which the offender shall be sentenced to not
17less than 12 years and not more than 50 years when the firearm
18possessed is a machine gun. A violation of this Section while
19wearing or in possession of body armor as defined in Section
2033F-1 is a Class X felony punishable by a term of imprisonment
21of not less than 10 years and not more than 40 years. The
22possession of each firearm or firearm ammunition in violation
23of this Section constitutes a single and separate violation.
24(Source: P.A. 97-237, eff. 1-1-12.)
25 (720 ILCS 5/24-1.6)

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1 Sec. 24-1.6. Aggravated unlawful use of a weapon.
2 (a) A person commits the offense of aggravated unlawful use
3of a weapon when he or she knowingly:
4 (1) Carries on or about his or her person or in any
5 vehicle or concealed on or about his or her person except
6 when on his or her land or in his or her abode, legal
7 dwelling, or fixed place of business, or on the land or in
8 the legal dwelling of another person as an invitee with
9 that person's permission, any pistol, revolver, stun gun or
10 taser or other firearm; or
11 (2) Carries or possesses on or about his or her person,
12 upon any public street, alley, or other public lands within
13 the corporate limits of a city, village or incorporated
14 town, except when an invitee thereon or therein, for the
15 purpose of the display of such weapon or the lawful
16 commerce in weapons, or except when on his or her own land
17 or in his or her own abode, legal dwelling, or fixed place
18 of business, or on the land or in the legal dwelling of
19 another person as an invitee with that person's permission,
20 any pistol, revolver, stun gun or taser or other firearm;
21 and
22 (3) One of the following factors is present:
23 (A) the firearm, other than a pistol, revolver, or
24 handgun, possessed was uncased, loaded, and
25 immediately accessible at the time of the offense; or
26 (A-5) the pistol, revolver, or handgun possessed

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1 was uncased, loaded, and immediately accessible at the
2 time of the offense and the person possessing the
3 pistol, revolver, or handgun has not been issued a
4 currently valid license under the Firearm Concealed
5 Carry Act; or
6 (B) the firearm, other than a pistol, revolver, or
7 handgun, possessed was uncased, unloaded, and the
8 ammunition for the weapon was immediately accessible
9 at the time of the offense; or
10 (B-5) the pistol, revolver, or handgun possessed
11 was uncased, unloaded, and the ammunition for the
12 weapon was immediately accessible at the time of the
13 offense and the person possessing the pistol,
14 revolver, or handgun has not been issued a currently
15 valid license under the Firearm Concealed Carry Act; or
16 (C) the person possessing the firearm has not been
17 issued a currently valid Firearm Owner's
18 Identification Card; or
19 (D) the person possessing the weapon was
20 previously adjudicated a delinquent minor under the
21 Juvenile Court Act of 1987 for an act that if committed
22 by an adult would be a felony; or
23 (E) the person possessing the weapon was engaged in
24 a misdemeanor violation of the Cannabis Control Act, in
25 a misdemeanor violation of the Illinois Controlled
26 Substances Act, or in a misdemeanor violation of the

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1 Methamphetamine Control and Community Protection Act;
2 or
3 (F) (blank); or
4 (G) the person possessing the weapon had an a order
5 of protection issued against him or her within the
6 previous 2 years; or
7 (H) the person possessing the weapon was engaged in
8 the commission or attempted commission of a
9 misdemeanor involving the use or threat of violence
10 against the person or property of another; or
11 (I) the person possessing the weapon was under 21
12 years of age and in possession of a handgun, unless the
13 person under 21 is engaged in lawful activities under
14 the Wildlife Code or described in subsection
15 24-2(b)(1), (b)(3), or 24-2(f).
16 (a-5) "Handgun" as used in this Section has the meaning
17given to it in Section 5 of the Firearm Concealed Carry Act.
18 (b) "Stun gun or taser" as used in this Section has the
19same definition given to it in Section 24-1 of this Code.
20 (c) This Section does not apply to or affect the
21transportation or possession of weapons that:
22 (i) are broken down in a non-functioning state; or
23 (ii) are not immediately accessible; or
24 (iii) are unloaded and enclosed in a case, firearm
25 carrying box, shipping box, or other container by a person
26 who has been issued a currently valid Firearm Owner's

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1 Identification Card.
2 (d) Sentence.
3 (1) Aggravated unlawful use of a weapon is a Class 4
4 felony; a second or subsequent offense is a Class 2 felony
5 for which the person shall be sentenced to a term of
6 imprisonment of not less than 3 years and not more than 7
7 years, except as provided for in Section 5-4.5-110 of the
8 Unified Code of Corrections.
9 (2) Except as otherwise provided in paragraphs (3) and
10 (4) of this subsection (d), a first offense of aggravated
11 unlawful use of a weapon committed with a firearm by a
12 person 18 years of age or older where the factors listed in
13 both items (A) and (C) or both items (A-5) and (C) of
14 paragraph (3) of subsection (a) are present is a Class 4
15 felony, for which the person shall be sentenced to a term
16 of imprisonment of not less than one year and not more than
17 3 years.
18 (3) Aggravated unlawful use of a weapon by a person who
19 has been previously convicted of a felony in this State or
20 another jurisdiction is a Class 2 felony for which the
21 person shall be sentenced to a term of imprisonment of not
22 less than 3 years and not more than 7 years, except as
23 provided for in Section 5-4.5-110 of the Unified Code of
24 Corrections.
25 (4) Aggravated unlawful use of a weapon while wearing
26 or in possession of body armor as defined in Section 33F-1

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1 by a person who has not been issued a valid Firearms
2 Owner's Identification Card in accordance with Section 5 of
3 the Firearm Owners Identification Card Act is a Class X
4 felony.
5 (e) The possession of each firearm in violation of this
6Section constitutes a single and separate violation.
7(Source: P.A. 98-63, eff. 7-9-13; revised 10-6-16.)
8 Section 20. The Cannabis Control Act is amended by changing
9Sections 5.2 and 10 as follows:
10 (720 ILCS 550/5.2) (from Ch. 56 1/2, par. 705.2)
11 Sec. 5.2. Delivery of cannabis on school grounds.
12 (a) Any person who violates subsection (e) of Section 5 in
13any school, on the real property comprising any school, or any
14conveyance owned, leased or contracted by a school to transport
15students to or from school or a school related activity, or on
16any public way within 500 1,000 feet of the real property
17comprising any school, or in any conveyance owned, leased or
18contracted by a school to transport students to or from school
19or a school related activity, and at the time of the violation
20persons under the age of 18 are present, the offense is
21committed during school hours, or the offense is committed at
22times when persons under the age of 18 are reasonably expected
23to be present in the school, in the conveyance, on the real
24property, or on the public way, such as when after-school

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1activities are occurring, is guilty of a Class 1 felony, the
2fine for which shall not exceed $200,000;
3 (b) Any person who violates subsection (d) of Section 5 in
4any school, on the real property comprising any school, or any
5conveyance owned, leased or contracted by a school to transport
6students to or from school or a school related activity, or on
7any public way within 500 1,000 feet of the real property
8comprising any school, or in any conveyance owned, leased or
9contracted by a school to transport students to or from school
10or a school related activity, and at the time of the violation
11persons under the age of 18 are present, the offense is
12committed during school hours, or the offense is committed at
13times when persons under the age of 18 are reasonably expected
14to be present in the school, in the conveyance, on the real
15property, or on the public way, such as when after-school
16activities are occurring, is guilty of a Class 2 felony, the
17fine for which shall not exceed $100,000;
18 (c) Any person who violates subsection (c) of Section 5 in
19any school, on the real property comprising any school, or any
20conveyance owned, leased or contracted by a school to transport
21students to or from school or a school related activity, or on
22any public way within 500 1,000 feet of the real property
23comprising any school, or in any conveyance owned, leased or
24contracted by a school to transport students to or from school
25or a school related activity, and at the time of the violation
26persons under the age of 18 are present, the offense is

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1committed during school hours, or the offense is committed at
2times when persons under the age of 18 are reasonably expected
3to be present in the school, in the conveyance, on the real
4property, or on the public way, such as when after-school
5activities are occurring, is guilty of a Class 3 felony, the
6fine for which shall not exceed $50,000;
7 (d) Any person who violates subsection (b) of Section 5 in
8any school, on the real property comprising any school, or any
9conveyance owned, leased or contracted by a school to transport
10students to or from school or a school related activity, or on
11any public way within 500 1,000 feet of the real property
12comprising any school, or in any conveyance owned, leased or
13contracted by a school to transport students to or from school
14or a school related activity, and at the time of the violation
15persons under the age of 18 are present, the offense is
16committed during school hours, or the offense is committed at
17times when persons under the age of 18 are reasonably expected
18to be present in the school, in the conveyance, on the real
19property, or on the public way, such as when after-school
20activities are occurring, is guilty of a Class 4 felony, the
21fine for which shall not exceed $25,000;
22 (e) Any person who violates subsection (a) of Section 5 in
23any school, on the real property comprising any school, or in
24any conveyance owned, leased or contracted by a school to
25transport students to or from school or a school related
26activity, on any public way within 500 1,000 feet of the real

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1property comprising any school, or any conveyance owned, leased
2or contracted by a school to transport students to or from
3school or a school related activity, and at the time of the
4violation persons under the age of 18 are present, the offense
5is committed during school hours, or the offense is committed
6at times when persons under the age of 18 are reasonably
7expected to be present in the school, in the conveyance, on the
8real property, or on the public way, such as when after-school
9activities are occurring, is guilty of a Class A misdemeanor.
10(Source: P.A. 87-544.)
11 (720 ILCS 550/10) (from Ch. 56 1/2, par. 710)
12 Sec. 10. (a) Whenever any person who has not previously
13been convicted of, or placed on probation or court supervision
14for, any felony offense under this Act or any law of the United
15States or of any State relating to cannabis, or controlled
16substances as defined in the Illinois Controlled Substances
17Act, pleads guilty to or is found guilty of violating Sections
184(a), 4(b), 4(c), 5(a), 5(b), 5(c) or 8 of this Act, the court
19may, without entering a judgment and with the consent of such
20person, sentence him to probation.
21 (b) When a person is placed on probation, the court shall
22enter an order specifying a period of probation of 24 months,
23and shall defer further proceedings in the case until the
24conclusion of the period or until the filing of a petition
25alleging violation of a term or condition of probation.

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1 (c) The conditions of probation shall be that the person:
2(1) not violate any criminal statute of any jurisdiction; (2)
3refrain from possession of a firearm or other dangerous weapon;
4(3) submit to periodic drug testing at a time and in a manner
5as ordered by the court, but no less than 3 times during the
6period of the probation, with the cost of the testing to be
7paid by the probationer; and (4) perform no less than 30 hours
8of community service, provided community service is available
9in the jurisdiction and is funded and approved by the county
10board.
11 (d) The court may, in addition to other conditions, require
12that the person:
13 (1) make a report to and appear in person before or
14 participate with the court or such courts, person, or
15 social service agency as directed by the court in the order
16 of probation;
17 (2) pay a fine and costs;
18 (3) work or pursue a course of study or vocational
19 training;
20 (4) undergo medical or psychiatric treatment; or
21 treatment for drug addiction or alcoholism;
22 (5) attend or reside in a facility established for the
23 instruction or residence of defendants on probation;
24 (6) support his dependents;
25 (7) refrain from possessing a firearm or other
26 dangerous weapon;

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1 (7-5) refrain from having in his or her body the
2 presence of any illicit drug prohibited by the Cannabis
3 Control Act, the Illinois Controlled Substances Act, or the
4 Methamphetamine Control and Community Protection Act,
5 unless prescribed by a physician, and submit samples of his
6 or her blood or urine or both for tests to determine the
7 presence of any illicit drug;
8 (8) and in addition, if a minor:
9 (i) reside with his parents or in a foster home;
10 (ii) attend school;
11 (iii) attend a non-residential program for youth;
12 (iv) contribute to his own support at home or in a
13 foster home.
14 (e) Upon violation of a term or condition of probation, the
15court may enter a judgment on its original finding of guilt and
16proceed as otherwise provided.
17 (f) Upon fulfillment of the terms and conditions of
18probation, the court shall discharge such person and dismiss
19the proceedings against him.
20 (g) A disposition of probation is considered to be a
21conviction for the purposes of imposing the conditions of
22probation and for appeal, however, discharge and dismissal
23under this Section is not a conviction for purposes of
24disqualification or disabilities imposed by law upon
25conviction of a crime (including the additional penalty imposed
26for subsequent offenses under Section 4(c), 4(d), 5(c) or 5(d)

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1of this Act).
2 (h) A person may not have more than one discharge Discharge
3and dismissal under this Section within a 4-year period ,
4Section 410 of the Illinois Controlled Substances Act, Section
570 of the Methamphetamine Control and Community Protection Act,
6Section 5-6-3.3 or 5-6-3.4 of the Unified Code of Corrections,
7or subsection (c) of Section 11-14 of the Criminal Code of 1961
8or the Criminal Code of 2012 may occur only once with respect
9to any person.
10 (i) If a person is convicted of an offense under this Act,
11the Illinois Controlled Substances Act, or the Methamphetamine
12Control and Community Protection Act within 5 years subsequent
13to a discharge and dismissal under this Section, the discharge
14and dismissal under this Section shall be admissible in the
15sentencing proceeding for that conviction as a factor in
16aggravation.
17 (j) Notwithstanding subsection (a), before a person is
18sentenced to probation under this Section, the court may refer
19the person to the drug court established in that judicial
20circuit pursuant to Section 15 of the Drug Court Treatment Act.
21The drug court team shall evaluate the person's likelihood of
22successfully completing a sentence of probation under this
23Section and shall report the results of its evaluation to the
24court. If the drug court team finds that the person suffers
25from a substance abuse problem that makes him or her
26substantially unlikely to successfully complete a sentence of

10000SB1722sam001- 22 -LRB100 11347 RLC 23026 a
1probation under this Section, then the drug court shall set
2forth its findings in the form of a written order, and the
3person shall not be sentenced to probation under this Section,
4but shall may be considered for the drug court program.
5(Source: P.A. 98-164, eff. 1-1-14; 99-480, eff. 9-9-15.)
6 Section 25. The Illinois Controlled Substances Act is
7amended by changing Sections 401, 402, 407, and 410 as follows:
8 (720 ILCS 570/401) (from Ch. 56 1/2, par. 1401)
9 Sec. 401. Manufacture or delivery, or possession with
10intent to manufacture or deliver, a controlled substance, a
11counterfeit substance, or controlled substance analog. Except
12as authorized by this Act, it is unlawful for any person
13knowingly to manufacture or deliver, or possess with intent to
14manufacture or deliver, a controlled substance other than
15methamphetamine and other than bath salts as defined in the
16Bath Salts Prohibition Act sold or offered for sale in a retail
17mercantile establishment as defined in Section 16-0.1 of the
18Criminal Code of 2012, a counterfeit substance, or a controlled
19substance analog. A violation of this Act with respect to each
20of the controlled substances listed herein constitutes a single
21and separate violation of this Act. For purposes of this
22Section, "controlled substance analog" or "analog" means a
23substance, other than a controlled substance, that has a
24chemical structure substantially similar to that of a

10000SB1722sam001- 23 -LRB100 11347 RLC 23026 a
1controlled substance in Schedule I or II, or that was
2specifically designed to produce an effect substantially
3similar to that of a controlled substance in Schedule I or II.
4Examples of chemical classes in which controlled substance
5analogs are found include, but are not limited to, the
6following: phenethylamines, N-substituted piperidines,
7morphinans, ecgonines, quinazolinones, substituted indoles,
8and arylcycloalkylamines. For purposes of this Act, a
9controlled substance analog shall be treated in the same manner
10as the controlled substance to which it is substantially
11similar.
12 (a) Any person who violates this Section with respect to
13the following amounts of controlled or counterfeit substances
14or controlled substance analogs, notwithstanding any of the
15provisions of subsections (c), (d), (e), (f), (g) or (h) to the
16contrary, is guilty of a Class X felony and shall be sentenced
17to a term of imprisonment as provided in this subsection (a)
18and fined as provided in subsection (b):
19 (1) (A) not less than 6 years and not more than 30
20 years with respect to 15 grams or more but less than
21 400 100 grams of a substance containing heroin, or an
22 analog thereof;
23 (B) not less than 6 9 years and not more than 40
24 years with respect to 400 100 grams or more but less
25 than 900 400 grams of a substance containing heroin, or
26 an analog thereof;

10000SB1722sam001- 24 -LRB100 11347 RLC 23026 a
1 (C) not less than 6 12 years and not more than 50
2 years with respect to 900 400 grams or more but less
3 than 900 grams of a substance containing heroin, or an
4 analog thereof;
5 (D) (blank); not less than 15 years and not more
6 than 60 years with respect to 900 grams or more of any
7 substance containing heroin, or an analog thereof;
8 (1.5) (A) not less than 6 years and not more than 30
9 years with respect to 15 grams or more but less than
10 400 100 grams of a substance containing fentanyl, or an
11 analog thereof;
12 (B) not less than 6 9 years and not more than 40
13 years with respect to 400 100 grams or more but less
14 than 900 400 grams of a substance containing fentanyl,
15 or an analog thereof;
16 (C) not less than 6 12 years and not more than 50
17 years with respect to 900 400 grams or more but less
18 than 900 grams of a substance containing fentanyl, or
19 an analog thereof;
20 (D) (blank); not less than 15 years and not more
21 than 60 years with respect to 900 grams or more of a
22 substance containing fentanyl, or an analog thereof;
23 (2) (A) not less than 6 years and not more than 30
24 years with respect to 15 grams or more but less than
25 400 100 grams of a substance containing cocaine, or an
26 analog thereof;

10000SB1722sam001- 25 -LRB100 11347 RLC 23026 a
1 (B) not less than 6 9 years and not more than 40
2 years with respect to 400 100 grams or more but less
3 than 900 400 grams of a substance containing cocaine,
4 or an analog thereof;
5 (C) not less than 6 12 years and not more than 50
6 years with respect to 900 400 grams or more but less
7 than 900 grams of a substance containing cocaine, or an
8 analog thereof;
9 (D) (blank); not less than 15 years and not more
10 than 60 years with respect to 900 grams or more of any
11 substance containing cocaine, or an analog thereof;
12 (3) (A) not less than 6 years and not more than 30
13 years with respect to 15 grams or more but less than
14 400 100 grams of a substance containing morphine, or an
15 analog thereof;
16 (B) not less than 6 9 years and not more than 40
17 years with respect to 400 100 grams or more but less
18 than 900 400 grams of a substance containing morphine,
19 or an analog thereof;
20 (C) not less than 6 12 years and not more than 50
21 years with respect to 900 400 grams or more but less
22 than 900 grams of a substance containing morphine, or
23 an analog thereof;
24 (D) (blank); not less than 15 years and not more
25 than 60 years with respect to 900 grams or more of a
26 substance containing morphine, or an analog thereof;

10000SB1722sam001- 26 -LRB100 11347 RLC 23026 a
1 (4) 200 grams or more of any substance containing
2 peyote, or an analog thereof;
3 (5) 200 grams or more of any substance containing a
4 derivative of barbituric acid or any of the salts of a
5 derivative of barbituric acid, or an analog thereof;
6 (6) 200 grams or more of any substance containing
7 amphetamine or any salt of an optical isomer of
8 amphetamine, or an analog thereof;
9 (6.5) (blank);
10 (6.6) (blank);
11 (7) (A) not less than 6 years and not more than 30
12 years with respect to: (i) 15 grams or more but less
13 than 400 100 grams of a substance containing lysergic
14 acid diethylamide (LSD), or an analog thereof, or (ii)
15 15 or more objects or 15 or more segregated parts of an
16 object or objects but less than 800 200 objects or 800
17 200 segregated parts of an object or objects containing
18 in them or having upon them any amounts of any
19 substance containing lysergic acid diethylamide (LSD),
20 or an analog thereof;
21 (B) not less than 6 9 years and not more than 40
22 years with respect to: (i) 400 100 grams or more but
23 less than 900 400 grams of a substance containing
24 lysergic acid diethylamide (LSD), or an analog
25 thereof, or (ii) 800 200 or more objects or 800 200 or
26 more segregated parts of an object or objects but less

10000SB1722sam001- 27 -LRB100 11347 RLC 23026 a
1 than 2400 600 objects or less than 2400 600 segregated
2 parts of an object or objects containing in them or
3 having upon them any amount of any substance containing
4 lysergic acid diethylamide (LSD), or an analog
5 thereof;
6 (C) not less than 6 12 years and not more than 50
7 years with respect to: (i) 900 400 grams or more but
8 less than 900 grams of a substance containing lysergic
9 acid diethylamide (LSD), or an analog thereof, or (ii)
10 2400 600 or more objects or 2400 600 or more segregated
11 parts of an object or objects but less than 1500
12 objects or 1500 segregated parts of an object or
13 objects containing in them or having upon them any
14 amount of any substance containing lysergic acid
15 diethylamide (LSD), or an analog thereof;
16 (D) (blank); not less than 15 years and not more
17 than 60 years with respect to: (i) 900 grams or more of
18 any substance containing lysergic acid diethylamide
19 (LSD), or an analog thereof, or (ii) 1500 or more
20 objects or 1500 or more segregated parts of an object
21 or objects containing in them or having upon them any
22 amount of a substance containing lysergic acid
23 diethylamide (LSD), or an analog thereof;
24 (7.5) (A) not less than 6 years and not more than 30
25 years with respect to: (i) 15 grams or more but less
26 than 400 100 grams of a substance listed in paragraph

10000SB1722sam001- 28 -LRB100 11347 RLC 23026 a
1 (1), (2), (2.1), (2.2), (3), (14.1), (19), (20),
2 (20.1), (21), (25), or (26) of subsection (d) of
3 Section 204, or an analog or derivative thereof, or
4 (ii) 15 or more pills, tablets, caplets, capsules, or
5 objects but less than 800 200 pills, tablets, caplets,
6 capsules, or objects containing in them or having upon
7 them any amounts of any substance listed in paragraph
8 (1), (2), (2.1), (2.2), (3), (14.1), (19), (20),
9 (20.1), (21), (25), or (26) of subsection (d) of
10 Section 204, or an analog or derivative thereof;
11 (B) not less than 6 9 years and not more than 40
12 years with respect to: (i) 400 100 grams or more but
13 less than 900 400 grams of a substance listed in
14 paragraph (1), (2), (2.1), (2.2), (3), (14.1), (19),
15 (20), (20.1), (21), (25), or (26) of subsection (d) of
16 Section 204, or an analog or derivative thereof, or
17 (ii) 800 200 or more pills, tablets, caplets, capsules,
18 or objects but less than 2400 600 pills, tablets,
19 caplets, capsules, or objects containing in them or
20 having upon them any amount of any substance listed in
21 paragraph (1), (2), (2.1), (2.2), (3), (14.1), (19),
22 (20), (20.1), (21), (25), or (26) of subsection (d) of
23 Section 204, or an analog or derivative thereof;
24 (C) not less than 6 12 years and not more than 50
25 years with respect to: (i) 900 400 grams or more but
26 less than 900 grams of a substance listed in paragraph

10000SB1722sam001- 29 -LRB100 11347 RLC 23026 a
1 (1), (2), (2.1), (2.2), (3), (14.1), (19), (20),
2 (20.1), (21), (25), or (26) of subsection (d) of
3 Section 204, or an analog or derivative thereof, or
4 (ii) 2400 600 or more pills, tablets, caplets,
5 capsules, or objects but less than 1,500 pills,
6 tablets, caplets, capsules, or objects containing in
7 them or having upon them any amount of any substance
8 listed in paragraph (1), (2), (2.1), (2.2), (3),
9 (14.1), (19), (20), (20.1), (21), (25), or (26) of
10 subsection (d) of Section 204, or an analog or
11 derivative thereof;
12 (D) (blank); not less than 15 years and not more
13 than 60 years with respect to: (i) 900 grams or more of
14 any substance listed in paragraph (1), (2), (2.1),
15 (2.2), (3), (14.1), (19), (20), (20.1), (21), (25), or
16 (26) of subsection (d) of Section 204, or an analog or
17 derivative thereof, or (ii) 1,500 or more pills,
18 tablets, caplets, capsules, or objects containing in
19 them or having upon them any amount of a substance
20 listed in paragraph (1), (2), (2.1), (2.2), (3),
21 (14.1), (19), (20), (20.1), (21), (25), or (26) of
22 subsection (d) of Section 204, or an analog or
23 derivative thereof;
24 (8) 30 grams or more of any substance containing
25 pentazocine or any of the salts, isomers and salts of
26 isomers of pentazocine, or an analog thereof;

10000SB1722sam001- 30 -LRB100 11347 RLC 23026 a
1 (9) 30 grams or more of any substance containing
2 methaqualone or any of the salts, isomers and salts of
3 isomers of methaqualone, or an analog thereof;
4 (10) 30 grams or more of any substance containing
5 phencyclidine or any of the salts, isomers and salts of
6 isomers of phencyclidine (PCP), or an analog thereof;
7 (10.5) 30 grams or more of any substance containing
8 ketamine or any of the salts, isomers and salts of isomers
9 of ketamine, or an analog thereof;
10 (10.6) 100 grams or more of any substance containing
11 hydrocodone, or any of the salts, isomers and salts of
12 isomers of hydrocodone, or an analog thereof;
13 (10.7) 100 grams or more of any substance containing
14 dihydrocodeinone, or any of the salts, isomers and salts of
15 isomers of dihydrocodeinone, or an analog thereof;
16 (10.8) 100 grams or more of any substance containing
17 dihydrocodeine, or any of the salts, isomers and salts of
18 isomers of dihydrocodeine, or an analog thereof;
19 (10.9) 100 grams or more of any substance containing
20 oxycodone, or any of the salts, isomers and salts of
21 isomers of oxycodone, or an analog thereof;
22 (11) 200 grams or more of any substance containing any
23 other controlled substance classified in Schedules I or II,
24 or an analog thereof, which is not otherwise included in
25 this subsection.
26 (b) Any person sentenced with respect to violations of

10000SB1722sam001- 31 -LRB100 11347 RLC 23026 a
1paragraph (1), (2), (3), (7), or (7.5) of subsection (a)
2involving 100 grams or more of the controlled substance named
3therein, may in addition to the penalties provided therein, be
4fined an amount not more than $500,000 or the full street value
5of the controlled or counterfeit substance or controlled
6substance analog, whichever is greater. The term "street value"
7shall have the meaning ascribed in Section 110-5 of the Code of
8Criminal Procedure of 1963. Any person sentenced with respect
9to any other provision of subsection (a), may in addition to
10the penalties provided therein, be fined an amount not to
11exceed $500,000.
12 (b-1) Excluding violations of this Act when the controlled
13substance is fentanyl, any person sentenced to a term of
14imprisonment with respect to violations of Section 401, 401.1,
15405, 405.1, 405.2, or 407, when the substance containing the
16controlled substance contains any amount of fentanyl, 3 years
17shall be added to the term of imprisonment imposed by the
18court, and the maximum sentence for the offense shall be
19increased by 3 years.
20 (c) Any person who violates this Section with regard to the
21following amounts of controlled or counterfeit substances or
22controlled substance analogs, notwithstanding any of the
23provisions of subsections (a), (b), (d), (e), (f), (g) or (h)
24to the contrary, is guilty of a Class 1 felony. The fine for
25violation of this subsection (c) shall not be more than
26$250,000:

10000SB1722sam001- 32 -LRB100 11347 RLC 23026 a
1 (1) 1 gram or more but less than 15 grams of any
2 substance containing heroin, or an analog thereof;
3 (1.5) 1 gram or more but less than 15 grams of any
4 substance containing fentanyl, or an analog thereof;
5 (2) 1 gram or more but less than 15 grams of any
6 substance containing cocaine, or an analog thereof;
7 (3) 10 grams or more but less than 15 grams of any
8 substance containing morphine, or an analog thereof;
9 (4) 50 grams or more but less than 200 grams of any
10 substance containing peyote, or an analog thereof;
11 (5) 50 grams or more but less than 200 grams of any
12 substance containing a derivative of barbituric acid or any
13 of the salts of a derivative of barbituric acid, or an
14 analog thereof;
15 (6) 50 grams or more but less than 200 grams of any
16 substance containing amphetamine or any salt of an optical
17 isomer of amphetamine, or an analog thereof;
18 (6.5) (blank);
19 (7) (i) 5 grams or more but less than 15 grams of any
20 substance containing lysergic acid diethylamide (LSD), or
21 an analog thereof, or (ii) more than 10 objects or more
22 than 10 segregated parts of an object or objects but less
23 than 15 objects or less than 15 segregated parts of an
24 object containing in them or having upon them any amount of
25 any substance containing lysergic acid diethylamide (LSD),
26 or an analog thereof;

10000SB1722sam001- 33 -LRB100 11347 RLC 23026 a
1 (7.5) (i) 5 grams or more but less than 15 grams of any
2 substance listed in paragraph (1), (2), (2.1), (2.2), (3),
3 (14.1), (19), (20), (20.1), (21), (25), or (26) of
4 subsection (d) of Section 204, or an analog or derivative
5 thereof, or (ii) more than 10 pills, tablets, caplets,
6 capsules, or objects but less than 15 pills, tablets,
7 caplets, capsules, or objects containing in them or having
8 upon them any amount of any substance listed in paragraph
9 (1), (2), (2.1), (2.2), (3), (14.1), (19), (20), (20.1),
10 (21), (25), or (26) of subsection (d) of Section 204, or an
11 analog or derivative thereof;
12 (8) 10 grams or more but less than 30 grams of any
13 substance containing pentazocine or any of the salts,
14 isomers and salts of isomers of pentazocine, or an analog
15 thereof;
16 (9) 10 grams or more but less than 30 grams of any
17 substance containing methaqualone or any of the salts,
18 isomers and salts of isomers of methaqualone, or an analog
19 thereof;
20 (10) 10 grams or more but less than 30 grams of any
21 substance containing phencyclidine or any of the salts,
22 isomers and salts of isomers of phencyclidine (PCP), or an
23 analog thereof;
24 (10.5) 10 grams or more but less than 30 grams of any
25 substance containing ketamine or any of the salts, isomers
26 and salts of isomers of ketamine, or an analog thereof;

10000SB1722sam001- 34 -LRB100 11347 RLC 23026 a
1 (10.6) 50 grams or more but less than 100 grams of any
2 substance containing hydrocodone, or any of the salts,
3 isomers and salts of isomers of hydrocodone, or an analog
4 thereof;
5 (10.7) 50 grams or more but less than 100 grams of any
6 substance containing dihydrocodeinone, or any of the
7 salts, isomers and salts of isomers of dihydrocodeinone, or
8 an analog thereof;
9 (10.8) 50 grams or more but less than 100 grams of any
10 substance containing dihydrocodeine, or any of the salts,
11 isomers and salts of isomers of dihydrocodeine, or an
12 analog thereof;
13 (10.9) 50 grams or more but less than 100 grams of any
14 substance containing oxycodone, or any of the salts,
15 isomers and salts of isomers of oxycodone, or an analog
16 thereof;
17 (11) 50 grams or more but less than 200 grams of any
18 substance containing a substance classified in Schedules I
19 or II, or an analog thereof, which is not otherwise
20 included in this subsection.
21 (c-5) (Blank).
22 (d) Any person who violates this Section with regard to any
23other amount of a controlled or counterfeit substance
24containing dihydrocodeinone or dihydrocodeine or classified in
25Schedules I or II, or an analog thereof, which is (i) a
26narcotic drug, (ii) lysergic acid diethylamide (LSD) or an

10000SB1722sam001- 35 -LRB100 11347 RLC 23026 a
1analog thereof, (iii) any substance containing amphetamine or
2fentanyl or any salt or optical isomer of amphetamine or
3fentanyl, or an analog thereof, or (iv) any substance
4containing N-Benzylpiperazine (BZP) or any salt or optical
5isomer of N-Benzylpiperazine (BZP), or an analog thereof, is
6guilty of a Class 2 felony. The fine for violation of this
7subsection (d) shall not be more than $200,000.
8 (d-5) (Blank).
9 (e) Any person who violates this Section with regard to any
10other amount of a controlled substance other than
11methamphetamine or counterfeit substance classified in
12Schedule I or II, or an analog thereof, which substance is not
13included under subsection (d) of this Section, is guilty of a
14Class 3 felony. The fine for violation of this subsection (e)
15shall not be more than $150,000.
16 (f) Any person who violates this Section with regard to any
17other amount of a controlled or counterfeit substance
18classified in Schedule III is guilty of a Class 3 felony. The
19fine for violation of this subsection (f) shall not be more
20than $125,000.
21 (g) Any person who violates this Section with regard to any
22other amount of a controlled or counterfeit substance
23classified in Schedule IV is guilty of a Class 3 felony. The
24fine for violation of this subsection (g) shall not be more
25than $100,000.
26 (h) Any person who violates this Section with regard to any

10000SB1722sam001- 36 -LRB100 11347 RLC 23026 a
1other amount of a controlled or counterfeit substance
2classified in Schedule V is guilty of a Class 3 felony. The
3fine for violation of this subsection (h) shall not be more
4than $75,000.
5 (i) This Section does not apply to the manufacture,
6possession or distribution of a substance in conformance with
7the provisions of an approved new drug application or an
8exemption for investigational use within the meaning of Section
9505 of the Federal Food, Drug and Cosmetic Act.
10 (j) (Blank).
11(Source: P.A. 99-371, eff. 1-1-16; 99-585, eff. 1-1-17.)
12 (720 ILCS 570/402) (from Ch. 56 1/2, par. 1402)
13 Sec. 402. Except as otherwise authorized by this Act, it is
14unlawful for any person knowingly to possess a controlled or
15counterfeit substance or controlled substance analog. A
16violation of this Act with respect to each of the controlled
17substances listed herein constitutes a single and separate
18violation of this Act. For purposes of this Section,
19"controlled substance analog" or "analog" means a substance,
20other than a controlled substance, that has a chemical
21structure substantially similar to that of a controlled
22substance in Schedule I or II, or that was specifically
23designed to produce an effect substantially similar to that of
24a controlled substance in Schedule I or II. Examples of
25chemical classes in which controlled substance analogs are

10000SB1722sam001- 37 -LRB100 11347 RLC 23026 a
1found include, but are not limited to, the following:
2phenethylamines, N-substituted piperidines, morphinans,
3ecgonines, quinazolinones, substituted indoles, and
4arylcycloalkylamines. For purposes of this Act, a controlled
5substance analog shall be treated in the same manner as the
6controlled substance to which it is substantially similar.
7 (a) Any person who violates this Section with respect to
8the following controlled or counterfeit substances and
9amounts, notwithstanding any of the provisions of subsections
10(c) and (d) to the contrary, is guilty of a Class 1 felony and
11shall, if sentenced to a term of imprisonment, shall be
12sentenced as provided in this subsection (a) and fined as
13provided in subsection (b):
14 (1) (A) a person in possession of not less than 4 years
15 and not more than 15 years with respect to 15 grams or
16 more but less than 50 100 grams of a substance
17 containing heroin is guilty of a Class 3 felony;
18 (B) a person in possession of 50 not less than 6
19 years and not more than 30 years with respect to 100
20 grams or more but less than 100 400 grams of a
21 substance containing heroin is guilty of a Class 2
22 felony;
23 (C) a person in possession of more than 100 not
24 less than 8 years and not more than 40 years with
25 respect to 400 grams or more but less than 900 grams of
26 any substance containing heroin is guilty of a Class 1

10000SB1722sam001- 38 -LRB100 11347 RLC 23026 a
1 felony;
2 (D) (blank); not less than 10 years and not more
3 than 50 years with respect to 900 grams or more of any
4 substance containing heroin;
5 (2) (A) a person in possession of not less than 4 years
6 and not more than 15 years with respect to 15 grams or
7 more but less than 50 100 grams of any substance
8 containing cocaine is guilty of a Class 3 felony;
9 (B) a person in possession of 50 not less than 6
10 years and not more than 30 years with respect to 100
11 grams or more but less than 100 400 grams of any
12 substance containing cocaine is guilty of a Class 2
13 felony;
14 (C) a person in possession of more than 100 not
15 less than 8 years and not more than 40 years with
16 respect to 400 grams or more but less than 900 grams of
17 any substance containing cocaine is guilty of a Class 1
18 felony;
19 (D) (blank); not less than 10 years and not more
20 than 50 years with respect to 900 grams or more of any
21 substance containing cocaine;
22 (3) (A) a person in possession of not less than 4 years
23 and not more than 15 years with respect to 15 grams or
24 more but less than 50 100 grams of any substance
25 containing morphine is guilty of a Class 3 felony;
26 (B) a person in possession of 50 not less than 6

10000SB1722sam001- 39 -LRB100 11347 RLC 23026 a
1 years and not more than 30 years with respect to 100
2 grams or more but less than 100 400 grams of any
3 substance containing morphine is guilty of a Class 2
4 felony;
5 (C) a person in possession of more than 100 not
6 less than 6 years and not more than 40 years with
7 respect to 400 grams or more but less than 900 grams of
8 any substance containing morphine is guilty of a Class
9 1 felony;
10 (D) (blank); not less than 10 years and not more
11 than 50 years with respect to 900 grams or more of any
12 substance containing morphine;
13 (4) a person in possession of 200 grams or more of any
14 substance containing peyote is guilty of a Class 1 felony;
15 (5) a person in possession of 200 grams or more of any
16 substance containing a derivative of barbituric acid or any
17 of the salts of a derivative of barbituric acid is guilty
18 of a Class 1 felony;
19 (6) a person in possession of 200 grams or more of any
20 substance containing amphetamine or any salt of an optical
21 isomer of amphetamine is guilty of a Class 1 felony;
22 (6.5) (blank);
23 (7) (A) a person is guilty of a Class 3 felony if he or
24 she in possession of: not less than 4 years and not
25 more than 15 years with respect to: (i) 15 grams or
26 more but less than 50 100 grams of any substance

10000SB1722sam001- 40 -LRB100 11347 RLC 23026 a
1 containing lysergic acid diethylamide (LSD), or an
2 analog thereof, or (ii) 15 or more objects or 15 or
3 more segregated parts of an object or objects but less
4 than 100 200 objects or 100 200 segregated parts of an
5 object or objects containing in them or having upon
6 them any amount of any substance containing lysergic
7 acid diethylamide (LSD), or an analog thereof;
8 (B) a person is guilty of a Class 2 felony if he or
9 she is in possession of: not less than 6 years and not
10 more than 30 years with respect to: (i) 50 100 grams or
11 more but less than 100 400 grams of any substance
12 containing lysergic acid diethylamide (LSD), or an
13 analog thereof, or (ii) 100 200 or more objects or 100
14 200 or more segregated parts of an object or objects
15 but less than 300 600 objects or less than 300 600
16 segregated parts of an object or objects containing in
17 them or having upon them any amount of any substance
18 containing lysergic acid diethylamide (LSD), or an
19 analog thereof;
20 (C) a person is guilty of a Class 1 felony if he or
21 she is in possession of: not less than 8 years and not
22 more than 40 years with respect to: (i) 100 400 grams
23 or more but less than 900 grams of any substance
24 containing lysergic acid diethylamide (LSD), or an
25 analog thereof, or (ii) 300 600 or more objects or 300
26 600 or more segregated parts of an object or objects

10000SB1722sam001- 41 -LRB100 11347 RLC 23026 a
1 but less than 1500 objects or 1500 segregated parts of
2 an object or objects containing in them or having upon
3 them any amount of any substance containing lysergic
4 acid diethylamide (LSD), or an analog thereof;
5 (D) (blank); not less than 10 years and not more
6 than 50 years with respect to: (i) 900 grams or more of
7 any substance containing lysergic acid diethylamide
8 (LSD), or an analog thereof, or (ii) 1500 or more
9 objects or 1500 or more segregated parts of an object
10 or objects containing in them or having upon them any
11 amount of a substance containing lysergic acid
12 diethylamide (LSD), or an analog thereof;
13 (7.5) (A) a person is guilty of a Class 3 felony if he
14 or she is in possession of: not less than 4 years and
15 not more than 15 years with respect to: (i) 15 grams or
16 more but less than 50 100 grams of any substance listed
17 in paragraph (1), (2), (2.1), (2.2), (3), (14.1), (19),
18 (20), (20.1), (21), (25), or (26) of subsection (d) of
19 Section 204, or an analog or derivative thereof, or
20 (ii) 15 or more pills, tablets, caplets, capsules, or
21 objects but less than 100 200 pills, tablets, caplets,
22 capsules, or objects containing in them or having upon
23 them any amount of any substance listed in paragraph
24 (1), (2), (2.1), (2.2), (3), (14.1), (19), (20),
25 (20.1), (21), (25), or (26) of subsection (d) of
26 Section 204, or an analog or derivative thereof;

10000SB1722sam001- 42 -LRB100 11347 RLC 23026 a
1 (B) a person is guilty of a Class 2 felony if he or
2 she is in possession of: not less than 6 years and not
3 more than 30 years with respect to: (i) 50 100 grams or
4 more but less than 100 400 grams of any substance
5 listed in paragraph (1), (2), (2.1), (2.2), (3),
6 (14.1), (19), (20), (20.1), (21), (25), or (26) of
7 subsection (d) of Section 204, or an analog or
8 derivative thereof, or (ii) 100 200 or more pills,
9 tablets, caplets, capsules, or objects but less than
10 300 600 pills, tablets, caplets, capsules, or objects
11 containing in them or having upon them any amount of
12 any substance listed in paragraph (1), (2), (2.1),
13 (2.2), (3), (14.1), (19), (20), (20.1), (21), (25), or
14 (26) of subsection (d) of Section 204, or an analog or
15 derivative thereof;
16 (C) a person is guilty of a Class 1 felony if he or
17 she is in possession of: not less than 8 years and not
18 more than 40 years with respect to: (i) 100 400 grams
19 or more but less than 900 grams of any substance listed
20 in paragraph (1), (2), (2.1), (2.2), (3), (14.1), (19),
21 (20), (20.1), (21), (25), or (26) of subsection (d) of
22 Section 204, or an analog or derivative thereof, or
23 (ii) 300 600 or more pills, tablets, caplets, capsules,
24 or objects but less than 1,500 pills, tablets, caplets,
25 capsules, or objects containing in them or having upon
26 them any amount of any substance listed in paragraph

10000SB1722sam001- 43 -LRB100 11347 RLC 23026 a
1 (1), (2), (2.1), (2.2), (3), (14.1), (19), (20),
2 (20.1), (21), (25), or (26) of subsection (d) of
3 Section 204, or an analog or derivative thereof;
4 (D) (blank); not less than 10 years and not more
5 than 50 years with respect to: (i) 900 grams or more of
6 any substance listed in paragraph (1), (2), (2.1),
7 (2.2), (3), (14.1), (19), (20), (20.1), (21), (25), or
8 (26) of subsection (d) of Section 204, or an analog or
9 derivative thereof, or (ii) 1,500 or more pills,
10 tablets, caplets, capsules, or objects containing in
11 them or having upon them any amount of a substance
12 listed in paragraph (1), (2), (2.1), (2.2), (3),
13 (14.1), (19), (20), (20.1), (21), (25), or (26) of
14 subsection (d) of Section 204, or an analog or
15 derivative thereof;
16 (8) a person in possession of 30 grams or more of any
17 substance containing pentazocine or any of the salts,
18 isomers and salts of isomers of pentazocine, or an analog
19 thereof is guilty of a Class 1 felony;
20 (9) a person in possession of 30 grams or more of any
21 substance containing methaqualone or any of the salts,
22 isomers and salts of isomers of methaqualone is guilty of a
23 Class 1 felony;
24 (10) a person in possession of 30 grams or more of any
25 substance containing phencyclidine or any of the salts,
26 isomers and salts of isomers of phencyclidine (PCP)is

10000SB1722sam001- 44 -LRB100 11347 RLC 23026 a
1 guilty of a Class 1 felony;
2 (10.5) a person in possession of 30 grams or more of
3 any substance containing ketamine or any of the salts,
4 isomers and salts of isomers of ketamine is guilty of a
5 Class 1 felony;
6 (11) a person in possession of 200 grams or more of any
7 substance containing any substance classified as a
8 narcotic drug in Schedules I or II, or an analog thereof,
9 which is not otherwise included in this subsection is
10 guilty of a Class 1 felony.
11 (b) Any person sentenced with respect to violations of
12paragraph (1), (2), (3), (7), or (7.5) of subsection (a)
13involving 100 grams or more of the controlled substance named
14therein, may in addition to the penalties provided therein, be
15fined an amount not to exceed $200,000 or the full street value
16of the controlled or counterfeit substances, whichever is
17greater. The term "street value" shall have the meaning
18ascribed in Section 110-5 of the Code of Criminal Procedure of
191963. Any person sentenced with respect to any other provision
20of subsection (a), may in addition to the penalties provided
21therein, be fined an amount not to exceed $200,000.
22 (c) Any person who violates this Section with regard to an
23amount of a controlled substance other than methamphetamine or
24counterfeit substance not set forth in subsection (a) or (d) is
25guilty of a Class 4 felony. The fine for a violation punishable
26under this subsection (c) shall not be more than $25,000.

10000SB1722sam001- 45 -LRB100 11347 RLC 23026 a
1 (d) Any person who violates this Section with regard to any
2amount of anabolic steroid is guilty of a Class C misdemeanor
3for the first offense and a Class B misdemeanor for a
4subsequent offense committed within 2 years of a prior
5conviction.
6(Source: P.A. 99-371, eff. 1-1-16.)
7 (720 ILCS 570/407) (from Ch. 56 1/2, par. 1407)
8 Sec. 407. (a) (1)(A) Any person 18 years of age or over who
9violates any subsection of Section 401 or subsection (b) of
10Section 404 by delivering a controlled, counterfeit or
11look-alike substance to a person under 18 years of age may be
12sentenced to imprisonment for a term up to twice the maximum
13term and fined an amount up to twice that amount otherwise
14authorized by the pertinent subsection of Section 401 and
15Subsection (b) of Section 404.
16 (B) (Blank).
17 (2) Except as provided in paragraph (3) of this subsection,
18any person who violates:
19 (A) subsection (c) of Section 401 by delivering or
20 possessing with intent to deliver a controlled,
21 counterfeit, or look-alike substance in or on, or within
22 500 1,000 feet of, a truck stop or safety rest area, is
23 guilty of a Class 1 felony, the fine for which shall not
24 exceed $250,000;
25 (B) subsection (d) of Section 401 by delivering or

10000SB1722sam001- 46 -LRB100 11347 RLC 23026 a
1 possessing with intent to deliver a controlled,
2 counterfeit, or look-alike substance in or on, or within
3 500 1,000 feet of, a truck stop or safety rest area, is
4 guilty of a Class 2 felony, the fine for which shall not
5 exceed $200,000;
6 (C) subsection (e) of Section 401 or subsection (b) of
7 Section 404 by delivering or possessing with intent to
8 deliver a controlled, counterfeit, or look-alike substance
9 in or on, or within 500 1,000 feet of, a truck stop or
10 safety rest area, is guilty of a Class 3 felony, the fine
11 for which shall not exceed $150,000;
12 (D) subsection (f) of Section 401 by delivering or
13 possessing with intent to deliver a controlled,
14 counterfeit, or look-alike substance in or on, or within
15 500 1,000 feet of, a truck stop or safety rest area, is
16 guilty of a Class 3 felony, the fine for which shall not
17 exceed $125,000;
18 (E) subsection (g) of Section 401 by delivering or
19 possessing with intent to deliver a controlled,
20 counterfeit, or look-alike substance in or on, or within
21 500 1,000 feet of, a truck stop or safety rest area, is
22 guilty of a Class 3 felony, the fine for which shall not
23 exceed $100,000;
24 (F) subsection (h) of Section 401 by delivering or
25 possessing with intent to deliver a controlled,
26 counterfeit, or look-alike substance in or on, or within

10000SB1722sam001- 47 -LRB100 11347 RLC 23026 a
1 500 1,000 feet of, a truck stop or safety rest area, is
2 guilty of a Class 3 felony, the fine for which shall not
3 exceed $75,000;
4 (3) Any person who violates paragraph (2) of this
5subsection (a) by delivering or possessing with intent to
6deliver a controlled, counterfeit, or look-alike substance in
7or on, or within 500 1,000 feet of a truck stop or a safety rest
8area, following a prior conviction or convictions of paragraph
9(2) of this subsection (a) may be sentenced to a term of
10imprisonment up to 2 times the maximum term and fined an amount
11up to 2 times the amount otherwise authorized by Section 401.
12 (4) For the purposes of this subsection (a):
13 (A) "Safety rest area" means a roadside facility
14 removed from the roadway with parking and facilities
15 designed for motorists' rest, comfort, and information
16 needs; and
17 (B) "Truck stop" means any facility (and its parking
18 areas) used to provide fuel or service, or both, to any
19 commercial motor vehicle as defined in Section 18b-101 of
20 the Illinois Vehicle Code.
21 (b) Any person who violates:
22 (1) subsection (c) of Section 401 in any school, on or
23 within 500 feet of the real property comprising any school,
24 or in any conveyance owned, leased or contracted by a
25 school to transport students to or from school or a school
26 related activity, and at the time of the violation persons

10000SB1722sam001- 48 -LRB100 11347 RLC 23026 a
1 under the age of 18 are present, the offense is committed
2 during school hours, or the offense is committed at times
3 when persons under the age of 18 are reasonably expected to
4 be present in the school, in the conveyance, or on the real
5 property, such as when after-school activities are
6 occurring or residential property owned, operated or
7 managed by a public housing agency or leased by a public
8 housing agency as part of a scattered site or mixed-income
9 development, or in any public park or , on or within 500
10 feet of the real property comprising any school or
11 residential property owned, operated or managed by a public
12 housing agency or leased by a public housing agency as part
13 of a scattered site or mixed-income development, or public
14 park or within 1,000 feet of the real property comprising
15 any school or residential property owned, operated or
16 managed by a public housing agency or leased by a public
17 housing agency as part of a scattered site or mixed-income
18 development, or public park, on the real property
19 comprising any church, synagogue, or other building,
20 structure, or place used primarily for religious worship,
21 or within 500 1,000 feet of the real property comprising
22 any church, synagogue, or other building, structure, or
23 place used primarily for religious worship, on the real
24 property comprising any of the following places,
25 buildings, or structures used primarily for housing or
26 providing space for activities for senior citizens:

10000SB1722sam001- 49 -LRB100 11347 RLC 23026 a
1 nursing homes, assisted-living centers, senior citizen
2 housing complexes, or senior centers oriented toward
3 daytime activities, or within 500 1,000 feet of the real
4 property comprising any of the following places,
5 buildings, or structures used primarily for housing or
6 providing space for activities for senior citizens:
7 nursing homes, assisted-living centers, senior citizen
8 housing complexes, or senior centers oriented toward
9 daytime activities and at the time of the violation persons
10 are present or reasonably expected to be present in the
11 church, synagogue, or other building, structure, or place
12 used primarily for religious worship during worship
13 services, or in buildings or structures used primarily for
14 housing or providing space for activities for senior
15 citizens: nursing homes, assisted-living centers, senior
16 citizen housing complexes, or senior centers oriented
17 toward daytime activities during the hours those places,
18 buildings, or structures are open for those activities, or
19 on the real property is guilty of a Class X felony, the
20 fine for which shall not exceed $500,000;
21 (2) subsection (d) of Section 401 in any school, on or
22 within 500 feet of the real property comprising any school,
23 or in any conveyance owned, leased or contracted by a
24 school to transport students to or from school or a school
25 related activity, and at the time of the violation persons
26 under the age of 18 are present, the offense is committed

10000SB1722sam001- 50 -LRB100 11347 RLC 23026 a
1 during school hours, or the offense is committed at times
2 when persons under the age of 18 are reasonably expected to
3 be present in the school, in the conveyance, or on the real
4 property, such as when after-school activities are
5 occurring or residential property owned, operated or
6 managed by a public housing agency or leased by a public
7 housing agency as part of a scattered site or mixed-income
8 development, or in any public park or , on or within 500
9 feet of the real property comprising any school or
10 residential property owned, operated or managed by a public
11 housing agency or leased by a public housing agency as part
12 of a scattered site or mixed-income development, or public
13 park or within 1,000 feet of the real property comprising
14 any school or residential property owned, operated or
15 managed by a public housing agency or leased by a public
16 housing agency as part of a scattered site or mixed-income
17 development, or public park, on the real property
18 comprising any church, synagogue, or other building,
19 structure, or place used primarily for religious worship,
20 or within 500 1,000 feet of the real property comprising
21 any church, synagogue, or other building, structure, or
22 place used primarily for religious worship, on the real
23 property comprising any of the following places,
24 buildings, or structures used primarily for housing or
25 providing space for activities for senior citizens:
26 nursing homes, assisted-living centers, senior citizen

10000SB1722sam001- 51 -LRB100 11347 RLC 23026 a
1 housing complexes, or senior centers oriented toward
2 daytime activities, or within 500 1,000 feet of the real
3 property comprising any of the following places,
4 buildings, or structures used primarily for housing or
5 providing space for activities for senior citizens:
6 nursing homes, assisted-living centers, senior citizen
7 housing complexes, or senior centers oriented toward
8 daytime activities and at the time of the violation persons
9 are present or reasonably expected to be present in the
10 church, synagogue, or other building, structure, or place
11 used primarily for religious worship during worship
12 services, or in buildings or structures used primarily for
13 housing or providing space for activities for senior
14 citizens: nursing homes, assisted-living centers, senior
15 citizen housing complexes, or senior centers oriented
16 toward daytime activities during the hours those places,
17 buildings, or structures are open for those activities, or
18 on the real property is guilty of a Class 1 felony, the
19 fine for which shall not exceed $250,000;
20 (3) subsection (e) of Section 401 or Subsection (b) of
21 Section 404 in any school, on or within 500 feet of the
22 real property comprising any school, or in any conveyance
23 owned, leased or contracted by a school to transport
24 students to or from school or a school related activity,
25 and at the time of the violation persons under the age of
26 18 are present, the offense is committed during school

10000SB1722sam001- 52 -LRB100 11347 RLC 23026 a
1 hours, or the offense is committed at times when persons
2 under the age of 18 are reasonably expected to be present
3 in the school, in the conveyance, or on the real property,
4 such as when after-school activities are occurring or
5 residential property owned, operated or managed by a public
6 housing agency or leased by a public housing agency as part
7 of a scattered site or mixed-income development, or in any
8 public park or , on or within 500 feet of the real property
9 comprising any school or residential property owned,
10 operated or managed by a public housing agency or leased by
11 a public housing agency as part of a scattered site or
12 mixed-income development, or public park or within 1,000
13 feet of the real property comprising any school or
14 residential property owned, operated or managed by a public
15 housing agency or leased by a public housing agency as part
16 of a scattered site or mixed-income development, or public
17 park, on the real property comprising any church,
18 synagogue, or other building, structure, or place used
19 primarily for religious worship, or within 500 1,000 feet
20 of the real property comprising any church, synagogue, or
21 other building, structure, or place used primarily for
22 religious worship, on the real property comprising any of
23 the following places, buildings, or structures used
24 primarily for housing or providing space for activities for
25 senior citizens: nursing homes, assisted-living centers,
26 senior citizen housing complexes, or senior centers

10000SB1722sam001- 53 -LRB100 11347 RLC 23026 a
1 oriented toward daytime activities, or within 500 1,000
2 feet of the real property comprising any of the following
3 places, buildings, or structures used primarily for
4 housing or providing space for activities for senior
5 citizens: nursing homes, assisted-living centers, senior
6 citizen housing complexes, or senior centers oriented
7 toward daytime activities and at the time of the violation
8 persons are present or reasonably expected to be present in
9 the church, synagogue, or other building, structure, or
10 place used primarily for religious worship during worship
11 services, or in buildings or structures used primarily for
12 housing or providing space for activities for senior
13 citizens: nursing homes, assisted-living centers, senior
14 citizen housing complexes, or senior centers oriented
15 toward daytime activities during the hours those places,
16 buildings, or structures are open for those activities, or
17 on the real property is guilty of a Class 2 felony, the
18 fine for which shall not exceed $200,000;
19 (4) subsection (f) of Section 401 in any school, on or
20 within 500 feet of the real property comprising any school,
21 or in any conveyance owned, leased or contracted by a
22 school to transport students to or from school or a school
23 related activity, and at the time of the violation persons
24 under the age of 18 are present, the offense is committed
25 during school hours, or the offense is committed at times
26 when persons under the age of 18 are reasonably expected to

10000SB1722sam001- 54 -LRB100 11347 RLC 23026 a
1 be present in the school, in the conveyance, or on the real
2 property, such as when after-school activities are
3 occurring or residential property owned, operated or
4 managed by a public housing agency or leased by a public
5 housing agency as part of a scattered site or mixed-income
6 development, or in any public park or , on or within 500
7 feet of the real property comprising any school or
8 residential property owned, operated or managed by a public
9 housing agency or leased by a public housing agency as part
10 of a scattered site or mixed-income development, or public
11 park or within 1,000 feet of the real property comprising
12 any school or residential property owned, operated or
13 managed by a public housing agency or leased by a public
14 housing agency as part of a scattered site or mixed-income
15 development, or public park, on the real property
16 comprising any church, synagogue, or other building,
17 structure, or place used primarily for religious worship,
18 or within 500 1,000 feet of the real property comprising
19 any church, synagogue, or other building, structure, or
20 place used primarily for religious worship, on the real
21 property comprising any of the following places,
22 buildings, or structures used primarily for housing or
23 providing space for activities for senior citizens:
24 nursing homes, assisted-living centers, senior citizen
25 housing complexes, or senior centers oriented toward
26 daytime activities, or within 500 1,000 feet of the real

10000SB1722sam001- 55 -LRB100 11347 RLC 23026 a
1 property comprising any of the following places,
2 buildings, or structures used primarily for housing or
3 providing space for activities for senior citizens:
4 nursing homes, assisted-living centers, senior citizen
5 housing complexes, or senior centers oriented toward
6 daytime activities and at the time of the violation persons
7 are present or reasonably expected to be present in the
8 church, synagogue, or other building, structure, or place
9 used primarily for religious worship during worship
10 services, or in buildings or structures used primarily for
11 housing or providing space for activities for senior
12 citizens: nursing homes, assisted-living centers, senior
13 citizen housing complexes, or senior centers oriented
14 toward daytime activities during the hours those places,
15 buildings, or structures are open for those activities, or
16 on the real property is guilty of a Class 2 felony, the
17 fine for which shall not exceed $150,000;
18 (5) subsection (g) of Section 401 in any school, on or
19 within 500 feet of the real property comprising any school,
20 or in any conveyance owned, leased or contracted by a
21 school to transport students to or from school or a school
22 related activity, and at the time of the violation persons
23 under the age of 18 are present, the offense is committed
24 during school hours, or the offense is committed at times
25 when persons under the age of 18 are reasonably expected to
26 be present in the school, in the conveyance, or on the real

10000SB1722sam001- 56 -LRB100 11347 RLC 23026 a
1 property, such as when after-school activities are
2 occurring or residential property owned, operated or
3 managed by a public housing agency or leased by a public
4 housing agency as part of a scattered site or mixed-income
5 development, or in any public park or , on or within 500
6 feet of the real property comprising any school or
7 residential property owned, operated or managed by a public
8 housing agency or leased by a public housing agency as part
9 of a scattered site or mixed-income development, or public
10 park or within 1,000 feet of the real property comprising
11 any school or residential property owned, operated or
12 managed by a public housing agency or leased by a public
13 housing agency as part of a scattered site or mixed-income
14 development, or public park, on the real property
15 comprising any church, synagogue, or other building,
16 structure, or place used primarily for religious worship,
17 or within 500 1,000 feet of the real property comprising
18 any church, synagogue, or other building, structure, or
19 place used primarily for religious worship, on the real
20 property comprising any of the following places,
21 buildings, or structures used primarily for housing or
22 providing space for activities for senior citizens:
23 nursing homes, assisted-living centers, senior citizen
24 housing complexes, or senior centers oriented toward
25 daytime activities, or within 500 1,000 feet of the real
26 property comprising any of the following places,

10000SB1722sam001- 57 -LRB100 11347 RLC 23026 a
1 buildings, or structures used primarily for housing or
2 providing space for activities for senior citizens:
3 nursing homes, assisted-living centers, senior citizen
4 housing complexes, or senior centers oriented toward
5 daytime activities and at the time of the violation persons
6 are present or reasonably expected to be present in the
7 church, synagogue, or other building, structure, or place
8 used primarily for religious worship during worship
9 services, or in buildings or structures used primarily for
10 housing or providing space for activities for senior
11 citizens: nursing homes, assisted-living centers, senior
12 citizen housing complexes, or senior centers oriented
13 toward daytime activities during the hours those places,
14 buildings, or structures are open for those activities, or
15 on the real property is guilty of a Class 2 felony, the
16 fine for which shall not exceed $125,000;
17 (6) subsection (h) of Section 401 in any school, on or
18 within 500 feet of the real property comprising any school,
19 or in any conveyance owned, leased or contracted by a
20 school to transport students to or from school or a school
21 related activity, and at the time of the violation persons
22 under the age of 18 are present, the offense is committed
23 during school hours, or the offense is committed at times
24 when persons under the age of 18 are reasonably expected to
25 be present in the school, in the conveyance, or on the real
26 property, such as when after-school activities are

10000SB1722sam001- 58 -LRB100 11347 RLC 23026 a
1 occurring or residential property owned, operated or
2 managed by a public housing agency or leased by a public
3 housing agency as part of a scattered site or mixed-income
4 development, or in any public park or , on or within 500
5 feet of the real property comprising any school or
6 residential property owned, operated or managed by a public
7 housing agency or leased by a public housing agency as part
8 of a scattered site or mixed-income development, or public
9 park or within 1,000 feet of the real property comprising
10 any school or residential property owned, operated or
11 managed by a public housing agency or leased by a public
12 housing agency as part of a scattered site or mixed-income
13 development, or public park, on the real property
14 comprising any church, synagogue, or other building,
15 structure, or place used primarily for religious worship,
16 or within 500 1,000 feet of the real property comprising
17 any church, synagogue, or other building, structure, or
18 place used primarily for religious worship, on the real
19 property comprising any of the following places,
20 buildings, or structures used primarily for housing or
21 providing space for activities for senior citizens:
22 nursing homes, assisted-living centers, senior citizen
23 housing complexes, or senior centers oriented toward
24 daytime activities, or within 500 1,000 feet of the real
25 property comprising any of the following places,
26 buildings, or structures used primarily for housing or

10000SB1722sam001- 59 -LRB100 11347 RLC 23026 a
1 providing space for activities for senior citizens:
2 nursing homes, assisted-living centers, senior citizen
3 housing complexes, or senior centers oriented toward
4 daytime activities and at the time of the violation persons
5 are present or reasonably expected to be present in the
6 church, synagogue, or other building, structure, or place
7 used primarily for religious worship during worship
8 services, or in buildings or structures used primarily for
9 housing or providing space for activities for senior
10 citizens: nursing homes, assisted-living centers, senior
11 citizen housing complexes, or senior centers oriented
12 toward daytime activities during the hours those places,
13 buildings, or structures are open for those activities, or
14 on the real property is guilty of a Class 2 felony, the
15 fine for which shall not exceed $100,000.
16 (c) Regarding penalties prescribed in subsection (b) for
17violations committed in a school or on or within 500 1,000 feet
18of school property, the time of day and , time of year and
19whether classes were currently in session at the time of the
20offense is irrelevant.
21(Source: P.A. 93-223, eff. 1-1-04; 94-556, eff. 9-11-05.)
22 (720 ILCS 570/410) (from Ch. 56 1/2, par. 1410)
23 Sec. 410. (a) Whenever any person who has not previously
24been convicted of, or placed on probation or court supervision
25for any felony offense under this Act or any law of the United

10000SB1722sam001- 60 -LRB100 11347 RLC 23026 a
1States or of any State relating to cannabis or controlled
2substances, pleads guilty to or is found guilty of possession
3of a controlled or counterfeit substance under subsection (c)
4of Section 402 or of unauthorized possession of prescription
5form under Section 406.2, the court, without entering a
6judgment and with the consent of such person, may sentence him
7or her to probation.
8 (b) When a person is placed on probation, the court shall
9enter an order specifying a period of probation of 24 months
10and shall defer further proceedings in the case until the
11conclusion of the period or until the filing of a petition
12alleging violation of a term or condition of probation.
13 (c) The conditions of probation shall be that the person:
14(1) not violate any criminal statute of any jurisdiction; (2)
15refrain from possessing a firearm or other dangerous weapon;
16(3) submit to periodic drug testing at a time and in a manner
17as ordered by the court, but no less than 3 times during the
18period of the probation, with the cost of the testing to be
19paid by the probationer; and (4) perform no less than 30 hours
20of community service, provided community service is available
21in the jurisdiction and is funded and approved by the county
22board.
23 (d) The court may, in addition to other conditions, require
24that the person:
25 (1) make a report to and appear in person before or
26 participate with the court or such courts, person, or

10000SB1722sam001- 61 -LRB100 11347 RLC 23026 a
1 social service agency as directed by the court in the order
2 of probation;
3 (2) pay a fine and costs;
4 (3) work or pursue a course of study or vocational
5 training;
6 (4) undergo medical or psychiatric treatment; or
7 treatment or rehabilitation approved by the Illinois
8 Department of Human Services;
9 (5) attend or reside in a facility established for the
10 instruction or residence of defendants on probation;
11 (6) support his or her dependents;
12 (6-5) refrain from having in his or her body the
13 presence of any illicit drug prohibited by the Cannabis
14 Control Act, the Illinois Controlled Substances Act, or the
15 Methamphetamine Control and Community Protection Act,
16 unless prescribed by a physician, and submit samples of his
17 or her blood or urine or both for tests to determine the
18 presence of any illicit drug;
19 (7) and in addition, if a minor:
20 (i) reside with his or her parents or in a foster
21 home;
22 (ii) attend school;
23 (iii) attend a non-residential program for youth;
24 (iv) contribute to his or her own support at home
25 or in a foster home.
26 (e) Upon violation of a term or condition of probation, the

10000SB1722sam001- 62 -LRB100 11347 RLC 23026 a
1court may enter a judgment on its original finding of guilt and
2proceed as otherwise provided.
3 (f) Upon fulfillment of the terms and conditions of
4probation, the court shall discharge the person and dismiss the
5proceedings against him or her.
6 (g) A disposition of probation is considered to be a
7conviction for the purposes of imposing the conditions of
8probation and for appeal, however, discharge and dismissal
9under this Section is not a conviction for purposes of this Act
10or for purposes of disqualifications or disabilities imposed by
11law upon conviction of a crime.
12 (h) A person may not have more than There may be only one
13discharge and dismissal under this Section within a 4-year
14period , Section 10 of the Cannabis Control Act, Section 70 of
15the Methamphetamine Control and Community Protection Act,
16Section 5-6-3.3 or 5-6-3.4 of the Unified Code of Corrections,
17or subsection (c) of Section 11-14 of the Criminal Code of 1961
18or the Criminal Code of 2012 with respect to any person.
19 (i) If a person is convicted of an offense under this Act,
20the Cannabis Control Act, or the Methamphetamine Control and
21Community Protection Act within 5 years subsequent to a
22discharge and dismissal under this Section, the discharge and
23dismissal under this Section shall be admissible in the
24sentencing proceeding for that conviction as evidence in
25aggravation.
26 (j) Notwithstanding subsection (a), before a person is

10000SB1722sam001- 63 -LRB100 11347 RLC 23026 a
1sentenced to probation under this Section, the court may refer
2the person to the drug court established in that judicial
3circuit pursuant to Section 15 of the Drug Court Treatment Act.
4The drug court team shall evaluate the person's likelihood of
5successfully completing a sentence of probation under this
6Section and shall report the results of its evaluation to the
7court. If the drug court team finds that the person suffers
8from a substance abuse problem that makes him or her
9substantially unlikely to successfully complete a sentence of
10probation under this Section, then the drug court shall set
11forth its findings in the form of a written order, and the
12person shall not be sentenced to probation under this Section,
13but shall may be considered for the drug court program.
14(Source: P.A. 98-164, eff. 1-1-14; 99-480, eff. 9-9-15.)
15 Section 30. The Methamphetamine Control and Community
16Protection Act is amended by changing Sections 15, 55, and 70
17as follows:
18 (720 ILCS 646/15)
19 Sec. 15. Participation in methamphetamine manufacturing.
20 (a) Participation in methamphetamine manufacturing.
21 (1) It is unlawful to knowingly participate in the
22 manufacture of methamphetamine with the intent that
23 methamphetamine or a substance containing methamphetamine
24 be produced.

10000SB1722sam001- 64 -LRB100 11347 RLC 23026 a
1 (2) A person who violates paragraph (1) of this
2 subsection (a) is subject to the following penalties:
3 (A) A person who participates in the manufacture of
4 less than 15 grams of methamphetamine or a substance
5 containing methamphetamine is guilty of a Class 1
6 felony.
7 (B) A person who participates in the manufacture of
8 15 or more grams but less than 100 grams of
9 methamphetamine or a substance containing
10 methamphetamine is guilty of a Class X felony, subject
11 to a term of imprisonment of not less than 6 years and
12 not more than 30 years, and subject to a fine not to
13 exceed $100,000 or the street value of the
14 methamphetamine manufactured, whichever is greater.
15 (C) A person who participates in the manufacture of
16 100 or more grams but less than 400 grams of
17 methamphetamine or a substance containing
18 methamphetamine is guilty of a Class X felony, subject
19 to a term of imprisonment of not less than 9 years and
20 not more than 40 years, and subject to a fine not to
21 exceed $200,000 or the street value of the
22 methamphetamine manufactured, whichever is greater.
23 (D) A person who participates in the manufacture of
24 400 or more grams but less than 900 grams of
25 methamphetamine or a substance containing
26 methamphetamine is guilty of a Class X felony, subject

10000SB1722sam001- 65 -LRB100 11347 RLC 23026 a
1 to a term of imprisonment of not less than 12 years and
2 not more than 50 years, and subject to a fine not to
3 exceed $300,000 or the street value of the
4 methamphetamine manufactured, whichever is greater.
5 (E) A person who participates in the manufacture of
6 900 grams or more of methamphetamine or a substance
7 containing methamphetamine is guilty of a Class X
8 felony, subject to a term of imprisonment of not less
9 than 15 years and not more than 60 years, and subject
10 to a fine not to exceed $400,000 or the street value of
11 the methamphetamine, whichever is greater.
12 (b) Aggravated participation in methamphetamine
13manufacturing.
14 (1) It is unlawful to engage in aggravated
15 participation in the manufacture of methamphetamine. A
16 person engages in aggravated participation in the
17 manufacture of methamphetamine when the person violates
18 paragraph (1) of subsection (a) and:
19 (A) the person knowingly does so in a multi-unit
20 dwelling;
21 (B) the person knowingly does so in a structure or
22 vehicle where a child under the age of 18, a person
23 with a disability, or a person 60 years of age or older
24 who is incapable of adequately providing for his or her
25 own health and personal care resides, is present, or is
26 endangered by the manufacture of methamphetamine;

10000SB1722sam001- 66 -LRB100 11347 RLC 23026 a
1 (C) the person does so in a structure or vehicle
2 where a woman the person knows to be pregnant
3 (including but not limited to the person herself)
4 resides, is present, or is endangered by the
5 methamphetamine manufacture;
6 (D) the person knowingly does so in a structure or
7 vehicle protected by one or more firearms, explosive
8 devices, booby traps, alarm systems, surveillance
9 systems, guard dogs, or dangerous animals;
10 (E) the methamphetamine manufacturing in which the
11 person participates is a contributing cause of the
12 death, serious bodily injury, disability, or
13 disfigurement of another person, including but not
14 limited to an emergency service provider;
15 (F) the methamphetamine manufacturing in which the
16 person participates is a contributing cause of a fire
17 or explosion that damages property belonging to
18 another person;
19 (G) the person knowingly organizes, directs, or
20 finances the methamphetamine manufacturing or
21 activities carried out in support of the
22 methamphetamine manufacturing; or
23 (H) the methamphetamine manufacturing occurs
24 within 500 1,000 feet of a place of worship or
25 parsonage, or within 500 1,000 feet of the real
26 property comprising any school at a time when children,

10000SB1722sam001- 67 -LRB100 11347 RLC 23026 a
1 clergy, patrons, staff, or other persons are present or
2 any activity sanctioned by the place of worship or
3 parsonage or school is taking place.
4 (2) A person who violates paragraph (1) of this
5 subsection (b) is subject to the following penalties:
6 (A) A person who participates in the manufacture of
7 less than 15 grams of methamphetamine or a substance
8 containing methamphetamine is guilty of a Class X
9 felony, subject to a term of imprisonment of not less
10 than 6 years and not more than 30 years, and subject to
11 a fine not to exceed $100,000 or the street value of
12 the methamphetamine, whichever is greater.
13 (B) A person who participates in the manufacture of
14 15 or more grams but less than 100 grams of
15 methamphetamine or a substance containing
16 methamphetamine is guilty of a Class X felony, subject
17 to a term of imprisonment of not less than 9 years and
18 not more than 40 years, and subject to a fine not to
19 exceed $200,000 or the street value of the
20 methamphetamine, whichever is greater.
21 (C) A person who participates in the manufacture of
22 100 or more grams but less than 400 grams of
23 methamphetamine or a substance containing
24 methamphetamine is guilty of a Class X felony, subject
25 to a term of imprisonment of not less than 12 years and
26 not more than 50 years, and subject to a fine not to

10000SB1722sam001- 68 -LRB100 11347 RLC 23026 a
1 exceed $300,000 or the street value of the
2 methamphetamine, whichever is greater.
3 (D) A person who participates in the manufacture of
4 400 grams or more of methamphetamine or a substance
5 containing methamphetamine is guilty of a Class X
6 felony, subject to a term of imprisonment of not less
7 than 15 years and not more than 60 years, and subject
8 to a fine not to exceed $400,000 or the street value of
9 the methamphetamine, whichever is greater.
10(Source: P.A. 98-980, eff. 1-1-15.)
11 (720 ILCS 646/55)
12 Sec. 55. Methamphetamine delivery.
13 (a) Delivery or possession with intent to deliver
14methamphetamine or a substance containing methamphetamine.
15 (1) It is unlawful knowingly to engage in the delivery
16 or possession with intent to deliver methamphetamine or a
17 substance containing methamphetamine.
18 (2) A person who violates paragraph (1) of this
19 subsection (a) is subject to the following penalties:
20 (A) A person who delivers or possesses with intent
21 to deliver less than 5 grams of methamphetamine or a
22 substance containing methamphetamine is guilty of a
23 Class 2 felony.
24 (B) A person who delivers or possesses with intent
25 to deliver 5 or more grams but less than 15 grams of

10000SB1722sam001- 69 -LRB100 11347 RLC 23026 a
1 methamphetamine or a substance containing
2 methamphetamine is guilty of a Class 1 felony.
3 (C) A person who delivers or possesses with intent
4 to deliver 15 or more grams but less than 100 grams of
5 methamphetamine or a substance containing
6 methamphetamine is guilty of a Class X felony, subject
7 to a term of imprisonment of not less than 6 years and
8 not more than 30 years, and subject to a fine not to
9 exceed $100,000 or the street value of the
10 methamphetamine, whichever is greater.
11 (D) A person who delivers or possesses with intent
12 to deliver 100 or more grams but less than 400 grams of
13 methamphetamine or a substance containing
14 methamphetamine is guilty of a Class X felony, subject
15 to a term of imprisonment of not less than 9 years and
16 not more than 40 years, and subject to a fine not to
17 exceed $200,000 or the street value of the
18 methamphetamine, whichever is greater.
19 (E) A person who delivers or possesses with intent
20 to deliver 400 or more grams but less than 900 grams of
21 methamphetamine or a substance containing
22 methamphetamine is guilty of a Class X felony, subject
23 to a term of imprisonment of not less than 12 years and
24 not more than 50 years, and subject to a fine not to
25 exceed $300,000 or the street value of the
26 methamphetamine, whichever is greater.

10000SB1722sam001- 70 -LRB100 11347 RLC 23026 a
1 (F) A person who delivers or possesses with intent
2 to deliver 900 or more grams of methamphetamine or a
3 substance containing methamphetamine is guilty of a
4 Class X felony, subject to a term of imprisonment of
5 not less than 15 years and not more than 60 years, and
6 subject to a fine not to exceed $400,000 or the street
7 value of the methamphetamine, whichever is greater.
8 (b) Aggravated delivery or possession with intent to
9deliver methamphetamine or a substance containing
10methamphetamine.
11 (1) It is unlawful to engage in the aggravated delivery
12 or possession with intent to deliver methamphetamine or a
13 substance containing methamphetamine. A person engages in
14 the aggravated delivery or possession with intent to
15 deliver methamphetamine or a substance containing
16 methamphetamine when the person violates paragraph (1) of
17 subsection (a) of this Section and:
18 (A) the person is at least 18 years of age and
19 knowingly delivers or possesses with intent to deliver
20 the methamphetamine or substance containing
21 methamphetamine to a person under 18 years of age;
22 (B) the person is at least 18 years of age and
23 knowingly uses, engages, employs, or causes another
24 person to use, engage, or employ a person under 18
25 years of age to deliver the methamphetamine or
26 substance containing methamphetamine;

10000SB1722sam001- 71 -LRB100 11347 RLC 23026 a
1 (C) the person knowingly delivers or possesses
2 with intent to deliver the methamphetamine or
3 substance containing methamphetamine in any structure
4 or vehicle protected by one or more firearms, explosive
5 devices, booby traps, alarm systems, surveillance
6 systems, guard dogs, or dangerous animals;
7 (D) the person knowingly delivers or possesses
8 with intent to deliver the methamphetamine or
9 substance containing methamphetamine in any school, on
10 any real property comprising any school, or in any
11 conveyance owned, leased, or contracted by a school to
12 transport students to or from school or a
13 school-related activity and at the time of the
14 violation persons under the age of 18 are present, the
15 offense is committed during school hours, or the
16 offense is committed at times when persons under the
17 age of 18 are reasonably expected to be present in the
18 school, in the conveyance, or on the real property,
19 such as when after-school activities are occurring;
20 (E) the person delivers or causes another person to
21 deliver the methamphetamine or substance containing
22 methamphetamine to a woman that the person knows to be
23 pregnant; or
24 (F) (blank).
25 (2) A person who violates paragraph (1) of this
26 subsection (b) is subject to the following penalties:

10000SB1722sam001- 72 -LRB100 11347 RLC 23026 a
1 (A) A person who delivers or possesses with intent
2 to deliver less than 5 grams of methamphetamine or a
3 substance containing methamphetamine is guilty of a
4 Class 1 felony.
5 (B) A person who delivers or possesses with intent
6 to deliver 5 or more grams but less than 15 grams of
7 methamphetamine or a substance containing
8 methamphetamine is guilty of a Class X felony, subject
9 to a term of imprisonment of not less than 6 years and
10 not more than 30 years, and subject to a fine not to
11 exceed $100,000 or the street value of the
12 methamphetamine, whichever is greater.
13 (C) A person who delivers or possesses with intent
14 to deliver 15 or more grams but less than 100 grams of
15 methamphetamine or a substance containing
16 methamphetamine is guilty of a Class X felony, subject
17 to a term of imprisonment of not less than 8 years and
18 not more than 40 years, and subject to a fine not to
19 exceed $200,000 or the street value of the
20 methamphetamine, whichever is greater.
21 (D) A person who delivers or possesses with intent
22 to deliver 100 or more grams of methamphetamine or a
23 substance containing methamphetamine is guilty of a
24 Class X felony, subject to a term of imprisonment of
25 not less than 10 years and not more than 50 years, and
26 subject to a fine not to exceed $300,000 or the street

10000SB1722sam001- 73 -LRB100 11347 RLC 23026 a
1 value of the methamphetamine, whichever is greater.
2(Source: P.A. 94-556, eff. 9-11-05; 94-830, eff. 6-5-06.)
3 (720 ILCS 646/70)
4 Sec. 70. Probation.
5 (a) Whenever any person who has not previously been
6convicted of, or placed on probation or court supervision for
7any felony offense under this Act, the Illinois Controlled
8Substances Act, the Cannabis Control Act, or any law of the
9United States or of any state relating to cannabis or
10controlled substances, pleads guilty to or is found guilty of
11possession of less than 15 grams of methamphetamine under
12paragraph (1) or (2) of subsection (b) of Section 60 of this
13Act, the court, without entering a judgment and with the
14consent of the person, may sentence him or her to probation.
15 (b) When a person is placed on probation, the court shall
16enter an order specifying a period of probation of 24 months
17and shall defer further proceedings in the case until the
18conclusion of the period or until the filing of a petition
19alleging violation of a term or condition of probation.
20 (c) The conditions of probation shall be that the person:
21 (1) not violate any criminal statute of any
22 jurisdiction;
23 (2) refrain from possessing a firearm or other
24 dangerous weapon;
25 (3) submit to periodic drug testing at a time and in a

10000SB1722sam001- 74 -LRB100 11347 RLC 23026 a
1 manner as ordered by the court, but no less than 3 times
2 during the period of the probation, with the cost of the
3 testing to be paid by the probationer; and
4 (4) perform no less than 30 hours of community service,
5 if community service is available in the jurisdiction and
6 is funded and approved by the county board.
7 (d) The court may, in addition to other conditions, require
8that the person take one or more of the following actions:
9 (1) make a report to and appear in person before or
10 participate with the court or such courts, person, or
11 social service agency as directed by the court in the order
12 of probation;
13 (2) pay a fine and costs;
14 (3) work or pursue a course of study or vocational
15 training;
16 (4) undergo medical or psychiatric treatment; or
17 treatment or rehabilitation approved by the Illinois
18 Department of Human Services;
19 (5) attend or reside in a facility established for the
20 instruction or residence of defendants on probation;
21 (6) support his or her dependents;
22 (7) refrain from having in his or her body the presence
23 of any illicit drug prohibited by this Act, the Cannabis
24 Control Act, or the Illinois Controlled Substances Act,
25 unless prescribed by a physician, and submit samples of his
26 or her blood or urine or both for tests to determine the

10000SB1722sam001- 75 -LRB100 11347 RLC 23026 a
1 presence of any illicit drug; or
2 (8) if a minor:
3 (i) reside with his or her parents or in a foster
4 home;
5 (ii) attend school;
6 (iii) attend a non-residential program for youth;
7 or
8 (iv) contribute to his or her own support at home
9 or in a foster home.
10 (e) Upon violation of a term or condition of probation, the
11court may enter a judgment on its original finding of guilt and
12proceed as otherwise provided.
13 (f) Upon fulfillment of the terms and conditions of
14probation, the court shall discharge the person and dismiss the
15proceedings against the person.
16 (g) A disposition of probation is considered to be a
17conviction for the purposes of imposing the conditions of
18probation and for appeal, however, discharge and dismissal
19under this Section is not a conviction for purposes of this Act
20or for purposes of disqualifications or disabilities imposed by
21law upon conviction of a crime.
22 (h) A person may not have more than There may be only one
23discharge and dismissal under this Section within a 4-year
24period , Section 410 of the Illinois Controlled Substances Act,
25Section 10 of the Cannabis Control Act, Section 5-6-3.3 or
265-6-3.4 of the Unified Code of Corrections, or subsection (c)

10000SB1722sam001- 76 -LRB100 11347 RLC 23026 a
1of Section 11-14 of the Criminal Code of 1961 or the Criminal
2Code of 2012 with respect to any person.
3 (i) If a person is convicted of an offense under this Act,
4the Cannabis Control Act, or the Illinois Controlled Substances
5Act within 5 years subsequent to a discharge and dismissal
6under this Section, the discharge and dismissal under this
7Section are admissible in the sentencing proceeding for that
8conviction as evidence in aggravation.
9 (j) Notwithstanding subsection (a), before a person is
10sentenced to probation under this Section, the court may refer
11the person to the drug court established in that judicial
12circuit pursuant to Section 15 of the Drug Court Treatment Act.
13The drug court team shall evaluate the person's likelihood of
14successfully completing a sentence of probation under this
15Section and shall report the results of its evaluation to the
16court. If the drug court team finds that the person suffers
17from a substance abuse problem that makes him or her
18substantially unlikely to successfully complete a sentence of
19probation under this Section, then the drug court shall set
20forth its findings in the form of a written order, and the
21person shall not be sentenced to probation under this Section,
22but shall may be considered for the drug court program.
23(Source: P.A. 98-164, eff. 1-1-14; 99-480, eff. 9-9-15.)
24 Section 35. The Unified Code of Corrections is amended by
25changing Sections 3-3-8, 3-6-3, 5-4-1, 5-4.5-25, 5-4.5-30,

10000SB1722sam001- 77 -LRB100 11347 RLC 23026 a
15-4.5-35, 5-4.5-95, 5-6-3.3, 5-6-3.4, 5-8-1, and 5-8-8 and by
2adding Section 5-4.5-110 as follows:
3 (730 ILCS 5/3-3-8) (from Ch. 38, par. 1003-3-8)
4 Sec. 3-3-8. Length of parole and mandatory supervised
5release; discharge.
6 (a) The length of parole for a person sentenced under the
7law in effect prior to the effective date of this amendatory
8Act of 1977 and the length of mandatory supervised release for
9those sentenced under the law in effect on and after such
10effective date shall be as set out in Section 5-8-1 unless
11sooner terminated under paragraph (b) of this Section.
12 (b) The Prisoner Review Board may enter an order releasing
13and discharging one from parole or mandatory supervised
14release, and his or her commitment to the Department, when it
15determines that he or she is likely to remain at liberty
16without committing another offense.
17 (b-1) Provided that the subject is in compliance with the
18terms and conditions of his or her parole or mandatory
19supervised release, the Prisoner Review Board may reduce the
20period of a parolee or releasee's parole or mandatory
21supervised release by 90 days upon the parolee or releasee
22receiving a high school diploma or upon passage of high school
23equivalency testing during the period of his or her parole or
24mandatory supervised release. This reduction in the period of a
25subject's term of parole or mandatory supervised release shall

10000SB1722sam001- 78 -LRB100 11347 RLC 23026 a
1be available only to subjects who have not previously earned a
2high school diploma or who have not previously passed high
3school equivalency testing.
4 (b-2) The Prisoner Review Board shall release a low-risk
5and need subject person from mandatory supervised release as
6determined by an appropriate evidence-based risk and need
7assessment.
8 (c) The order of discharge shall become effective upon
9entry of the order of the Board. The Board shall notify the
10clerk of the committing court of the order. Upon receipt of
11such copy, the clerk shall make an entry on the record judgment
12that the sentence or commitment has been satisfied pursuant to
13the order.
14 (d) Rights of the person discharged under this Section
15shall be restored under Section 5-5-5.
16(Source: P.A. 98-558, eff. 1-1-14; 98-718, eff. 1-1-15; 99-268,
17eff. 1-1-16; 99-628, eff. 1-1-17.)
18 (730 ILCS 5/3-6-3) (from Ch. 38, par. 1003-6-3)
19 Sec. 3-6-3. Rules and regulations for sentence credit.
20 (a)(1) The Department of Corrections shall prescribe rules
21and regulations for awarding and revoking sentence credit for
22persons committed to the Department which shall be subject to
23review by the Prisoner Review Board.
24 (1.5) As otherwise provided by law, sentence credit may be
25awarded for the following:

10000SB1722sam001- 79 -LRB100 11347 RLC 23026 a
1 (A) successful completion of programming while in
2 custody of the Department or while in custody prior to
3 sentencing;
4 (B) compliance with the rules and regulations of the
5 Department; or
6 (C) service to the institution, service to a community,
7 or service to the State.
8 (2) Except as provided in paragraph (4.7) of this
9subsection (a), the The rules and regulations on sentence
10credit shall provide, with respect to offenses listed in clause
11(i), (ii), or (iii) of this paragraph (2) committed on or after
12June 19, 1998 or with respect to the offense listed in clause
13(iv) of this paragraph (2) committed on or after June 23, 2005
14(the effective date of Public Act 94-71) or with respect to
15offense listed in clause (vi) committed on or after June 1,
162008 (the effective date of Public Act 95-625) or with respect
17to the offense of being an armed habitual criminal committed on
18or after August 2, 2005 (the effective date of Public Act
1994-398) or with respect to the offenses listed in clause (v) of
20this paragraph (2) committed on or after August 13, 2007 (the
21effective date of Public Act 95-134) or with respect to the
22offense of aggravated domestic battery committed on or after
23July 23, 2010 (the effective date of Public Act 96-1224) or
24with respect to the offense of attempt to commit terrorism
25committed on or after January 1, 2013 (the effective date of
26Public Act 97-990), the following:

10000SB1722sam001- 80 -LRB100 11347 RLC 23026 a
1 (i) that a prisoner who is serving a term of
2 imprisonment for first degree murder or for the offense of
3 terrorism shall receive no sentence credit and shall serve
4 the entire sentence imposed by the court;
5 (ii) that a prisoner serving a sentence for attempt to
6 commit terrorism, attempt to commit first degree murder,
7 solicitation of murder, solicitation of murder for hire,
8 intentional homicide of an unborn child, predatory
9 criminal sexual assault of a child, aggravated criminal
10 sexual assault, criminal sexual assault, aggravated
11 kidnapping, aggravated battery with a firearm as described
12 in Section 12-4.2 or subdivision (e)(1), (e)(2), (e)(3), or
13 (e)(4) of Section 12-3.05, heinous battery as described in
14 Section 12-4.1 or subdivision (a)(2) of Section 12-3.05,
15 being an armed habitual criminal, aggravated battery of a
16 senior citizen as described in Section 12-4.6 or
17 subdivision (a)(4) of Section 12-3.05, or aggravated
18 battery of a child as described in Section 12-4.3 or
19 subdivision (b)(1) of Section 12-3.05 shall receive no more
20 than 4.5 days of sentence credit for each month of his or
21 her sentence of imprisonment;
22 (iii) that a prisoner serving a sentence for home
23 invasion, armed robbery, aggravated vehicular hijacking,
24 aggravated discharge of a firearm, or armed violence with a
25 category I weapon or category II weapon, when the court has
26 made and entered a finding, pursuant to subsection (c-1) of

10000SB1722sam001- 81 -LRB100 11347 RLC 23026 a
1 Section 5-4-1 of this Code, that the conduct leading to
2 conviction for the enumerated offense resulted in great
3 bodily harm to a victim, shall receive no more than 4.5
4 days of sentence credit for each month of his or her
5 sentence of imprisonment;
6 (iv) that a prisoner serving a sentence for aggravated
7 discharge of a firearm, whether or not the conduct leading
8 to conviction for the offense resulted in great bodily harm
9 to the victim, shall receive no more than 4.5 days of
10 sentence credit for each month of his or her sentence of
11 imprisonment;
12 (v) that a person serving a sentence for gunrunning,
13 narcotics racketeering, controlled substance trafficking,
14 methamphetamine trafficking, drug-induced homicide,
15 aggravated methamphetamine-related child endangerment,
16 money laundering pursuant to clause (c) (4) or (5) of
17 Section 29B-1 of the Criminal Code of 1961 or the Criminal
18 Code of 2012, or a Class X felony conviction for delivery
19 of a controlled substance, possession of a controlled
20 substance with intent to manufacture or deliver,
21 calculated criminal drug conspiracy, criminal drug
22 conspiracy, street gang criminal drug conspiracy,
23 participation in methamphetamine manufacturing, aggravated
24 participation in methamphetamine manufacturing, delivery
25 of methamphetamine, possession with intent to deliver
26 methamphetamine, aggravated delivery of methamphetamine,

10000SB1722sam001- 82 -LRB100 11347 RLC 23026 a
1 aggravated possession with intent to deliver
2 methamphetamine, methamphetamine conspiracy when the
3 substance containing the controlled substance or
4 methamphetamine is 100 grams or more shall receive no more
5 than 7.5 days sentence credit for each month of his or her
6 sentence of imprisonment;
7 (vi) that a prisoner serving a sentence for a second or
8 subsequent offense of luring a minor shall receive no more
9 than 4.5 days of sentence credit for each month of his or
10 her sentence of imprisonment; and
11 (vii) that a prisoner serving a sentence for aggravated
12 domestic battery shall receive no more than 4.5 days of
13 sentence credit for each month of his or her sentence of
14 imprisonment.
15 (2.1) For all offenses, other than those enumerated in
16subdivision (a)(2)(i), (ii), or (iii) committed on or after
17June 19, 1998 or subdivision (a)(2)(iv) committed on or after
18June 23, 2005 (the effective date of Public Act 94-71) or
19subdivision (a)(2)(v) committed on or after August 13, 2007
20(the effective date of Public Act 95-134) or subdivision
21(a)(2)(vi) committed on or after June 1, 2008 (the effective
22date of Public Act 95-625) or subdivision (a)(2)(vii) committed
23on or after July 23, 2010 (the effective date of Public Act
2496-1224), and other than the offense of aggravated driving
25under the influence of alcohol, other drug or drugs, or
26intoxicating compound or compounds, or any combination thereof

10000SB1722sam001- 83 -LRB100 11347 RLC 23026 a
1as defined in subparagraph (F) of paragraph (1) of subsection
2(d) of Section 11-501 of the Illinois Vehicle Code, and other
3than the offense of aggravated driving under the influence of
4alcohol, other drug or drugs, or intoxicating compound or
5compounds, or any combination thereof as defined in
6subparagraph (C) of paragraph (1) of subsection (d) of Section
711-501 of the Illinois Vehicle Code committed on or after
8January 1, 2011 (the effective date of Public Act 96-1230), the
9rules and regulations shall provide that a prisoner who is
10serving a term of imprisonment shall receive one day of
11sentence credit for each day of his or her sentence of
12imprisonment or recommitment under Section 3-3-9. Each day of
13sentence credit shall reduce by one day the prisoner's period
14of imprisonment or recommitment under Section 3-3-9.
15 (2.2) A prisoner serving a term of natural life
16imprisonment or a prisoner who has been sentenced to death
17shall receive no sentence credit.
18 (2.3) Except as provided in paragraph (4.7) of this
19subsection (a), the The rules and regulations on sentence
20credit shall provide that a prisoner who is serving a sentence
21for aggravated driving under the influence of alcohol, other
22drug or drugs, or intoxicating compound or compounds, or any
23combination thereof as defined in subparagraph (F) of paragraph
24(1) of subsection (d) of Section 11-501 of the Illinois Vehicle
25Code, shall receive no more than 4.5 days of sentence credit
26for each month of his or her sentence of imprisonment.

10000SB1722sam001- 84 -LRB100 11347 RLC 23026 a
1 (2.4) Except as provided in paragraph (4.7) of this
2subsection (a), the The rules and regulations on sentence
3credit shall provide with respect to the offenses of aggravated
4battery with a machine gun or a firearm equipped with any
5device or attachment designed or used for silencing the report
6of a firearm or aggravated discharge of a machine gun or a
7firearm equipped with any device or attachment designed or used
8for silencing the report of a firearm, committed on or after
9July 15, 1999 (the effective date of Public Act 91-121), that a
10prisoner serving a sentence for any of these offenses shall
11receive no more than 4.5 days of sentence credit for each month
12of his or her sentence of imprisonment.
13 (2.5) Except as provided in paragraph (4.7) of this
14subsection (a), the The rules and regulations on sentence
15credit shall provide that a prisoner who is serving a sentence
16for aggravated arson committed on or after July 27, 2001 (the
17effective date of Public Act 92-176) shall receive no more than
184.5 days of sentence credit for each month of his or her
19sentence of imprisonment.
20 (2.6) Except as provided in paragraph (4.7) of this
21subsection (a), the The rules and regulations on sentence
22credit shall provide that a prisoner who is serving a sentence
23for aggravated driving under the influence of alcohol, other
24drug or drugs, or intoxicating compound or compounds or any
25combination thereof as defined in subparagraph (C) of paragraph
26(1) of subsection (d) of Section 11-501 of the Illinois Vehicle

10000SB1722sam001- 85 -LRB100 11347 RLC 23026 a
1Code committed on or after January 1, 2011 (the effective date
2of Public Act 96-1230) shall receive no more than 4.5 days of
3sentence credit for each month of his or her sentence of
4imprisonment.
5 (3) Except as provided in paragraph (4.7) of this
6subsection (a), the The rules and regulations shall also
7provide that the Director may award up to 180 days additional
8sentence credit for good conduct in specific instances as the
9Director deems proper. The good conduct may include, but is not
10limited to, compliance with the rules and regulations of the
11Department, service to the Department, service to a community,
12or service to the State. However, the Director shall not award
13more than 90 days of sentence credit for good conduct to any
14prisoner who is serving a sentence for conviction of first
15degree murder, reckless homicide while under the influence of
16alcohol or any other drug, or aggravated driving under the
17influence of alcohol, other drug or drugs, or intoxicating
18compound or compounds, or any combination thereof as defined in
19subparagraph (F) of paragraph (1) of subsection (d) of Section
2011-501 of the Illinois Vehicle Code, aggravated kidnapping,
21kidnapping, predatory criminal sexual assault of a child,
22aggravated criminal sexual assault, criminal sexual assault,
23deviate sexual assault, aggravated criminal sexual abuse,
24aggravated indecent liberties with a child, indecent liberties
25with a child, child pornography, heinous battery as described
26in Section 12-4.1 or subdivision (a)(2) of Section 12-3.05,

10000SB1722sam001- 86 -LRB100 11347 RLC 23026 a
1aggravated battery of a spouse, aggravated battery of a spouse
2with a firearm, stalking, aggravated stalking, aggravated
3battery of a child as described in Section 12-4.3 or
4subdivision (b)(1) of Section 12-3.05, endangering the life or
5health of a child, or cruelty to a child. Notwithstanding the
6foregoing, sentence credit for good conduct shall not be
7awarded on a sentence of imprisonment imposed for conviction
8of: (i) one of the offenses enumerated in subdivision
9(a)(2)(i), (ii), or (iii) when the offense is committed on or
10after June 19, 1998 or subdivision (a)(2)(iv) when the offense
11is committed on or after June 23, 2005 (the effective date of
12Public Act 94-71) or subdivision (a)(2)(v) when the offense is
13committed on or after August 13, 2007 (the effective date of
14Public Act 95-134) or subdivision (a)(2)(vi) when the offense
15is committed on or after June 1, 2008 (the effective date of
16Public Act 95-625) or subdivision (a)(2)(vii) when the offense
17is committed on or after July 23, 2010 (the effective date of
18Public Act 96-1224), (ii) aggravated driving under the
19influence of alcohol, other drug or drugs, or intoxicating
20compound or compounds, or any combination thereof as defined in
21subparagraph (F) of paragraph (1) of subsection (d) of Section
2211-501 of the Illinois Vehicle Code, (iii) one of the offenses
23enumerated in subdivision (a)(2.4) when the offense is
24committed on or after July 15, 1999 (the effective date of
25Public Act 91-121), (iv) aggravated arson when the offense is
26committed on or after July 27, 2001 (the effective date of

10000SB1722sam001- 87 -LRB100 11347 RLC 23026 a
1Public Act 92-176), (v) offenses that may subject the offender
2to commitment under the Sexually Violent Persons Commitment
3Act, or (vi) aggravated driving under the influence of alcohol,
4other drug or drugs, or intoxicating compound or compounds or
5any combination thereof as defined in subparagraph (C) of
6paragraph (1) of subsection (d) of Section 11-501 of the
7Illinois Vehicle Code committed on or after January 1, 2011
8(the effective date of Public Act 96-1230).
9 Eligible inmates for an award of sentence credit under this
10paragraph (3) may be selected to receive the credit at the
11Director's or his or her designee's sole discretion.
12Consideration may be based on, but not limited to, any
13available risk assessment analysis on the inmate, any history
14of conviction for violent crimes as defined by the Rights of
15Crime Victims and Witnesses Act, facts and circumstances of the
16inmate's holding offense or offenses, and the potential for
17rehabilitation.
18 The Director shall not award sentence credit under this
19paragraph (3) to an inmate unless the inmate has served a
20minimum of 60 days of the sentence; except nothing in this
21paragraph shall be construed to permit the Director to extend
22an inmate's sentence beyond that which was imposed by the
23court. Prior to awarding credit under this paragraph (3), the
24Director shall make a written determination that the inmate:
25 (A) is eligible for the sentence credit;
26 (B) has served a minimum of 60 days, or as close to 60

10000SB1722sam001- 88 -LRB100 11347 RLC 23026 a
1 days as the sentence will allow; and
2 (C) has met the eligibility criteria established by
3 rule.
4 The Director shall determine the form and content of the
5written determination required in this subsection.
6 (3.5) The Department shall provide annual written reports
7to the Governor and the General Assembly on the award of
8sentence credit for good conduct, with the first report due
9January 1, 2014. The Department must publish both reports on
10its website within 48 hours of transmitting the reports to the
11Governor and the General Assembly. The reports must include:
12 (A) the number of inmates awarded sentence credit for
13 good conduct;
14 (B) the average amount of sentence credit for good
15 conduct awarded;
16 (C) the holding offenses of inmates awarded sentence
17 credit for good conduct; and
18 (D) the number of sentence credit for good conduct
19 revocations.
20 (4) Except as provided in paragraph (4.7) of this
21subsection (a), the The rules and regulations shall also
22provide that the sentence credit accumulated and retained under
23paragraph (2.1) of subsection (a) of this Section by any inmate
24during specific periods of time in which such inmate is engaged
25full-time in substance abuse programs, correctional industry
26assignments, educational programs, behavior modification

10000SB1722sam001- 89 -LRB100 11347 RLC 23026 a
1programs, life skills courses, or re-entry planning provided by
2the Department under this paragraph (4) and satisfactorily
3completes the assigned program as determined by the standards
4of the Department, shall be multiplied by a factor of 1.25 for
5program participation before August 11, 1993 and 1.50 for
6program participation on or after that date. The rules and
7regulations shall also provide that sentence credit, subject to
8the same offense limits and multiplier provided in this
9paragraph, may be provided to an inmate who was held in
10pre-trial detention prior to his or her current commitment to
11the Department of Corrections and successfully completed a
12full-time, 60-day or longer substance abuse program,
13educational program, behavior modification program, life
14skills course, or re-entry planning provided by the county
15department of corrections or county jail. Calculation of this
16county program credit shall be done at sentencing as provided
17in Section 5-4.5-100 of this Code and shall be included in the
18sentencing order. However, no inmate shall be eligible for the
19additional sentence credit under this paragraph (4) or (4.1) of
20this subsection (a) while assigned to a boot camp or electronic
21detention, or if convicted of an offense enumerated in
22subdivision (a)(2)(i), (ii), or (iii) of this Section that is
23committed on or after June 19, 1998 or subdivision (a)(2)(iv)
24of this Section that is committed on or after June 23, 2005
25(the effective date of Public Act 94-71) or subdivision
26(a)(2)(v) of this Section that is committed on or after August

10000SB1722sam001- 90 -LRB100 11347 RLC 23026 a
113, 2007 (the effective date of Public Act 95-134) or
2subdivision (a)(2)(vi) when the offense is committed on or
3after June 1, 2008 (the effective date of Public Act 95-625) or
4subdivision (a)(2)(vii) when the offense is committed on or
5after July 23, 2010 (the effective date of Public Act 96-1224),
6or if convicted of aggravated driving under the influence of
7alcohol, other drug or drugs, or intoxicating compound or
8compounds or any combination thereof as defined in subparagraph
9(F) of paragraph (1) of subsection (d) of Section 11-501 of the
10Illinois Vehicle Code, or if convicted of aggravated driving
11under the influence of alcohol, other drug or drugs, or
12intoxicating compound or compounds or any combination thereof
13as defined in subparagraph (C) of paragraph (1) of subsection
14(d) of Section 11-501 of the Illinois Vehicle Code committed on
15or after January 1, 2011 (the effective date of Public Act
1696-1230), or if convicted of an offense enumerated in paragraph
17(a)(2.4) of this Section that is committed on or after July 15,
181999 (the effective date of Public Act 91-121), or first degree
19murder, a Class X felony, criminal sexual assault, felony
20criminal sexual abuse, aggravated criminal sexual abuse,
21aggravated battery with a firearm as described in Section
2212-4.2 or subdivision (e)(1), (e)(2), (e)(3), or (e)(4) of
23Section 12-3.05, or any predecessor or successor offenses with
24the same or substantially the same elements , or any inchoate
25offenses relating to the foregoing offenses. No inmate shall be
26eligible for the additional good conduct credit under this

10000SB1722sam001- 91 -LRB100 11347 RLC 23026 a
1paragraph (4) who (i) has previously received increased good
2conduct credit under this paragraph (4) and has subsequently
3been convicted of a felony, or (ii) has previously served more
4than one prior sentence of imprisonment for a felony in an
5adult correctional facility.
6 Educational, vocational, substance abuse, behavior
7modification programs, life skills courses, re-entry planning,
8and correctional industry programs under which sentence credit
9may be increased under this paragraph (4) and paragraph (4.1)
10of this subsection (a) shall be evaluated by the Department on
11the basis of documented standards. The Department shall report
12the results of these evaluations to the Governor and the
13General Assembly by September 30th of each year. The reports
14shall include data relating to the recidivism rate among
15program participants.
16 Availability of these programs shall be subject to the
17limits of fiscal resources appropriated by the General Assembly
18for these purposes. Eligible inmates who are denied immediate
19admission shall be placed on a waiting list under criteria
20established by the Department. The inability of any inmate to
21become engaged in any such programs by reason of insufficient
22program resources or for any other reason established under the
23rules and regulations of the Department shall not be deemed a
24cause of action under which the Department or any employee or
25agent of the Department shall be liable for damages to the
26inmate.

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1 (4.1) Except as provided in paragraph (4.7) of this
2subsection (a), the The rules and regulations shall also
3provide that an additional 90 days of sentence credit shall be
4awarded to any prisoner who passes high school equivalency
5testing while the prisoner is committed to the Department of
6Corrections. The sentence credit awarded under this paragraph
7(4.1) shall be in addition to, and shall not affect, the award
8of sentence credit under any other paragraph of this Section,
9but shall also be pursuant to the guidelines and restrictions
10set forth in paragraph (4) of subsection (a) of this Section.
11The sentence credit provided for in this paragraph shall be
12available only to those prisoners who have not previously
13earned a high school diploma or a high school equivalency
14certificate. If, after an award of the high school equivalency
15testing sentence credit has been made, the Department
16determines that the prisoner was not eligible, then the award
17shall be revoked. The Department may also award 90 days of
18sentence credit to any committed person who passed high school
19equivalency testing while he or she was held in pre-trial
20detention prior to the current commitment to the Department of
21Corrections.
22 (4.5) The rules and regulations on sentence credit shall
23also provide that when the court's sentencing order recommends
24a prisoner for substance abuse treatment and the crime was
25committed on or after September 1, 2003 (the effective date of
26Public Act 93-354), the prisoner shall receive no sentence

10000SB1722sam001- 93 -LRB100 11347 RLC 23026 a
1credit awarded under clause (3) of this subsection (a) unless
2he or she participates in and completes a substance abuse
3treatment program. The Director may waive the requirement to
4participate in or complete a substance abuse treatment program
5and award the sentence credit in specific instances if the
6prisoner is not a good candidate for a substance abuse
7treatment program for medical, programming, or operational
8reasons. Availability of substance abuse treatment shall be
9subject to the limits of fiscal resources appropriated by the
10General Assembly for these purposes. If treatment is not
11available and the requirement to participate and complete the
12treatment has not been waived by the Director, the prisoner
13shall be placed on a waiting list under criteria established by
14the Department. The Director may allow a prisoner placed on a
15waiting list to participate in and complete a substance abuse
16education class or attend substance abuse self-help meetings in
17lieu of a substance abuse treatment program. A prisoner on a
18waiting list who is not placed in a substance abuse program
19prior to release may be eligible for a waiver and receive
20sentence credit under clause (3) of this subsection (a) at the
21discretion of the Director.
22 (4.6) The rules and regulations on sentence credit shall
23also provide that a prisoner who has been convicted of a sex
24offense as defined in Section 2 of the Sex Offender
25Registration Act shall receive no sentence credit unless he or
26she either has successfully completed or is participating in

10000SB1722sam001- 94 -LRB100 11347 RLC 23026 a
1sex offender treatment as defined by the Sex Offender
2Management Board. However, prisoners who are waiting to receive
3treatment, but who are unable to do so due solely to the lack
4of resources on the part of the Department, may, at the
5Director's sole discretion, be awarded sentence credit at a
6rate as the Director shall determine.
7 (4.7) On or after the effective date of this amendatory Act
8of the 100th General Assembly, sentence credit under paragraph
9(3), (4), or (4.1) of this subsection (a) may be awarded to a
10prisoner who is serving a sentence for an offense described in
11paragraph (2), (2.3), (2.4), (2.5), or (2.6) for credit earned
12on or after the effective date of this amendatory Act of the
13100th General Assembly; provided, the award of the credits
14under this paragraph (4.7) shall not reduce the sentence of the
15prisoner to less than the following amounts:
16 (i) 85% of his or her sentence if the prisoner is
17 required to serve 85% of his or her sentence; or
18 (ii) 60% of his or her sentence if the prisoner is
19 required to serve 75% of his or her sentence.
20 This paragraph (4.7) shall not apply to a prisoner serving
21a sentence for an offense described in subparagraph (i) of
22paragraph (2) of this subsection (a).
23 (5) Whenever the Department is to release any inmate
24earlier than it otherwise would because of a grant of sentence
25credit for good conduct under paragraph (3) of subsection (a)
26of this Section given at any time during the term, the

10000SB1722sam001- 95 -LRB100 11347 RLC 23026 a
1Department shall give reasonable notice of the impending
2release not less than 14 days prior to the date of the release
3to the State's Attorney of the county where the prosecution of
4the inmate took place, and if applicable, the State's Attorney
5of the county into which the inmate will be released. The
6Department must also make identification information and a
7recent photo of the inmate being released accessible on the
8Internet by means of a hyperlink labeled "Community
9Notification of Inmate Early Release" on the Department's World
10Wide Web homepage. The identification information shall
11include the inmate's: name, any known alias, date of birth,
12physical characteristics, commitment offense and county where
13conviction was imposed. The identification information shall
14be placed on the website within 3 days of the inmate's release
15and the information may not be removed until either: completion
16of the first year of mandatory supervised release or return of
17the inmate to custody of the Department.
18 (b) Whenever a person is or has been committed under
19several convictions, with separate sentences, the sentences
20shall be construed under Section 5-8-4 in granting and
21forfeiting of sentence credit.
22 (c) The Department shall prescribe rules and regulations
23for revoking sentence credit, including revoking sentence
24credit awarded for good conduct under paragraph (3) of
25subsection (a) of this Section. The Department shall prescribe
26rules and regulations for suspending or reducing the rate of

10000SB1722sam001- 96 -LRB100 11347 RLC 23026 a
1accumulation of sentence credit for specific rule violations,
2during imprisonment. These rules and regulations shall provide
3that no inmate may be penalized more than one year of sentence
4credit for any one infraction.
5 When the Department seeks to revoke, suspend or reduce the
6rate of accumulation of any sentence credits for an alleged
7infraction of its rules, it shall bring charges therefor
8against the prisoner sought to be so deprived of sentence
9credits before the Prisoner Review Board as provided in
10subparagraph (a)(4) of Section 3-3-2 of this Code, if the
11amount of credit at issue exceeds 30 days or when during any 12
12month period, the cumulative amount of credit revoked exceeds
1330 days except where the infraction is committed or discovered
14within 60 days of scheduled release. In those cases, the
15Department of Corrections may revoke up to 30 days of sentence
16credit. The Board may subsequently approve the revocation of
17additional sentence credit, if the Department seeks to revoke
18sentence credit in excess of 30 days. However, the Board shall
19not be empowered to review the Department's decision with
20respect to the loss of 30 days of sentence credit within any
21calendar year for any prisoner or to increase any penalty
22beyond the length requested by the Department.
23 The Director of the Department of Corrections, in
24appropriate cases, may restore up to 30 days of sentence
25credits which have been revoked, suspended or reduced. Any
26restoration of sentence credits in excess of 30 days shall be

10000SB1722sam001- 97 -LRB100 11347 RLC 23026 a
1subject to review by the Prisoner Review Board. However, the
2Board may not restore sentence credit in excess of the amount
3requested by the Director.
4 Nothing contained in this Section shall prohibit the
5Prisoner Review Board from ordering, pursuant to Section
63-3-9(a)(3)(i)(B), that a prisoner serve up to one year of the
7sentence imposed by the court that was not served due to the
8accumulation of sentence credit.
9 (d) If a lawsuit is filed by a prisoner in an Illinois or
10federal court against the State, the Department of Corrections,
11or the Prisoner Review Board, or against any of their officers
12or employees, and the court makes a specific finding that a
13pleading, motion, or other paper filed by the prisoner is
14frivolous, the Department of Corrections shall conduct a
15hearing to revoke up to 180 days of sentence credit by bringing
16charges against the prisoner sought to be deprived of the
17sentence credits before the Prisoner Review Board as provided
18in subparagraph (a)(8) of Section 3-3-2 of this Code. If the
19prisoner has not accumulated 180 days of sentence credit at the
20time of the finding, then the Prisoner Review Board may revoke
21all sentence credit accumulated by the prisoner.
22 For purposes of this subsection (d):
23 (1) "Frivolous" means that a pleading, motion, or other
24 filing which purports to be a legal document filed by a
25 prisoner in his or her lawsuit meets any or all of the
26 following criteria:

10000SB1722sam001- 98 -LRB100 11347 RLC 23026 a
1 (A) it lacks an arguable basis either in law or in
2 fact;
3 (B) it is being presented for any improper purpose,
4 such as to harass or to cause unnecessary delay or
5 needless increase in the cost of litigation;
6 (C) the claims, defenses, and other legal
7 contentions therein are not warranted by existing law
8 or by a nonfrivolous argument for the extension,
9 modification, or reversal of existing law or the
10 establishment of new law;
11 (D) the allegations and other factual contentions
12 do not have evidentiary support or, if specifically so
13 identified, are not likely to have evidentiary support
14 after a reasonable opportunity for further
15 investigation or discovery; or
16 (E) the denials of factual contentions are not
17 warranted on the evidence, or if specifically so
18 identified, are not reasonably based on a lack of
19 information or belief.
20 (2) "Lawsuit" means a motion pursuant to Section 116-3
21 of the Code of Criminal Procedure of 1963, a habeas corpus
22 action under Article X of the Code of Civil Procedure or
23 under federal law (28 U.S.C. 2254), a petition for claim
24 under the Court of Claims Act, an action under the federal
25 Civil Rights Act (42 U.S.C. 1983), or a second or
26 subsequent petition for post-conviction relief under

10000SB1722sam001- 99 -LRB100 11347 RLC 23026 a
1 Article 122 of the Code of Criminal Procedure of 1963
2 whether filed with or without leave of court or a second or
3 subsequent petition for relief from judgment under Section
4 2-1401 of the Code of Civil Procedure.
5 (e) Nothing in Public Act 90-592 or 90-593 affects the
6validity of Public Act 89-404.
7 (f) Whenever the Department is to release any inmate who
8has been convicted of a violation of an order of protection
9under Section 12-3.4 or 12-30 of the Criminal Code of 1961 or
10the Criminal Code of 2012, earlier than it otherwise would
11because of a grant of sentence credit, the Department, as a
12condition of release, shall require that the person, upon
13release, be placed under electronic surveillance as provided in
14Section 5-8A-7 of this Code.
15(Source: P.A. 98-718, eff. 1-1-15; 99-241, eff. 1-1-16; 99-275,
16eff. 1-1-16; 99-642, eff. 7-28-16.)
17 (730 ILCS 5/5-4-1) (from Ch. 38, par. 1005-4-1)
18 Sec. 5-4-1. Sentencing Hearing.
19 (a) Except when the death penalty is sought under hearing
20procedures otherwise specified, after a determination of
21guilt, a hearing shall be held to impose the sentence. However,
22prior to the imposition of sentence on an individual being
23sentenced for an offense based upon a charge for a violation of
24Section 11-501 of the Illinois Vehicle Code or a similar
25provision of a local ordinance, the individual must undergo a

10000SB1722sam001- 100 -LRB100 11347 RLC 23026 a
1professional evaluation to determine if an alcohol or other
2drug abuse problem exists and the extent of such a problem.
3Programs conducting these evaluations shall be licensed by the
4Department of Human Services. However, if the individual is not
5a resident of Illinois, the court may, in its discretion,
6accept an evaluation from a program in the state of such
7individual's residence. The court may in its sentencing order
8approve an eligible defendant for placement in a Department of
9Corrections impact incarceration program as provided in
10Section 5-8-1.1 or 5-8-1.3. The court may in its sentencing
11order recommend a defendant for placement in a Department of
12Corrections substance abuse treatment program as provided in
13paragraph (a) of subsection (1) of Section 3-2-2 conditioned
14upon the defendant being accepted in a program by the
15Department of Corrections. At the hearing the court shall:
16 (1) consider the evidence, if any, received upon the
17 trial;
18 (2) consider any presentence reports;
19 (3) consider the financial impact of incarceration
20 based on the financial impact statement filed with the
21 clerk of the court by the Department of Corrections;
22 (4) consider evidence and information offered by the
23 parties in aggravation and mitigation;
24 (4.5) consider substance abuse treatment, eligibility
25 screening, and an assessment, if any, of the defendant by
26 an agent designated by the State of Illinois to provide

10000SB1722sam001- 101 -LRB100 11347 RLC 23026 a
1 assessment services for the Illinois courts;
2 (5) hear arguments as to sentencing alternatives;
3 (6) afford the defendant the opportunity to make a
4 statement in his own behalf;
5 (7) afford the victim of a violent crime or a violation
6 of Section 11-501 of the Illinois Vehicle Code, or a
7 similar provision of a local ordinance, or a qualified
8 individual affected by: (i) a violation of Section 405,
9 405.1, 405.2, or 407 of the Illinois Controlled Substances
10 Act or a violation of Section 55 or Section 65 of the
11 Methamphetamine Control and Community Protection Act, or
12 (ii) a Class 4 felony violation of Section 11-14, 11-14.3
13 except as described in subdivisions (a)(2)(A) and
14 (a)(2)(B), 11-15, 11-17, 11-18, 11-18.1, or 11-19 of the
15 Criminal Code of 1961 or the Criminal Code of 2012,
16 committed by the defendant the opportunity to make a
17 statement concerning the impact on the victim and to offer
18 evidence in aggravation or mitigation; provided that the
19 statement and evidence offered in aggravation or
20 mitigation must first be prepared in writing in conjunction
21 with the State's Attorney before it may be presented orally
22 at the hearing. Any sworn testimony offered by the victim
23 is subject to the defendant's right to cross-examine. All
24 statements and evidence offered under this paragraph (7)
25 shall become part of the record of the court. For the
26 purpose of this paragraph (7), "qualified individual"

10000SB1722sam001- 102 -LRB100 11347 RLC 23026 a
1 means any person who (i) lived or worked within the
2 territorial jurisdiction where the offense took place when
3 the offense took place; and (ii) is familiar with various
4 public places within the territorial jurisdiction where
5 the offense took place when the offense took place. For the
6 purposes of this paragraph (7), "qualified individual"
7 includes any peace officer, or any member of any duly
8 organized State, county, or municipal peace unit assigned
9 to the territorial jurisdiction where the offense took
10 place when the offense took place;
11 (8) in cases of reckless homicide afford the victim's
12 spouse, guardians, parents or other immediate family
13 members an opportunity to make oral statements;
14 (9) in cases involving a felony sex offense as defined
15 under the Sex Offender Management Board Act, consider the
16 results of the sex offender evaluation conducted pursuant
17 to Section 5-3-2 of this Act; and
18 (10) make a finding of whether a motor vehicle was used
19 in the commission of the offense for which the defendant is
20 being sentenced.
21 (b) All sentences shall be imposed by the judge based upon
22his independent assessment of the elements specified above and
23any agreement as to sentence reached by the parties. The judge
24who presided at the trial or the judge who accepted the plea of
25guilty shall impose the sentence unless he is no longer sitting
26as a judge in that court. Where the judge does not impose

10000SB1722sam001- 103 -LRB100 11347 RLC 23026 a
1sentence at the same time on all defendants who are convicted
2as a result of being involved in the same offense, the
3defendant or the State's Attorney may advise the sentencing
4court of the disposition of any other defendants who have been
5sentenced.
6 (b-1) In imposing a sentence of imprisonment or periodic
7imprisonment for a Class 3 or Class 4 felony for which a
8sentence of probation or conditional discharge is an available
9sentence, if the defendant has no prior sentence of probation
10or conditional discharge and no prior conviction for a violent
11crime, the defendant shall not be sentenced to imprisonment
12before review and consideration of a presentence report and
13determination and explanation of why the particular evidence,
14information, factor in aggravation, factual finding, or other
15reasons support a sentencing determination that one or more of
16the factors under subsection (a) of Section 5-6-1 of this Code
17apply and that probation or conditional discharge is not an
18appropriate sentence.
19 (c) In imposing a sentence for a violent crime or for an
20offense of operating or being in physical control of a vehicle
21while under the influence of alcohol, any other drug or any
22combination thereof, or a similar provision of a local
23ordinance, when such offense resulted in the personal injury to
24someone other than the defendant, the trial judge shall specify
25on the record the particular evidence, information, factors in
26mitigation and aggravation or other reasons that led to his

10000SB1722sam001- 104 -LRB100 11347 RLC 23026 a
1sentencing determination. The full verbatim record of the
2sentencing hearing shall be filed with the clerk of the court
3and shall be a public record.
4 (c-1) In imposing a sentence for the offense of aggravated
5kidnapping for ransom, home invasion, armed robbery,
6aggravated vehicular hijacking, aggravated discharge of a
7firearm, or armed violence with a category I weapon or category
8II weapon, the trial judge shall make a finding as to whether
9the conduct leading to conviction for the offense resulted in
10great bodily harm to a victim, and shall enter that finding and
11the basis for that finding in the record.
12 (c-2) If the defendant is sentenced to prison, other than
13when a sentence of natural life imprisonment or a sentence of
14death is imposed, at the time the sentence is imposed the judge
15shall state on the record in open court the approximate period
16of time the defendant will serve in custody according to the
17then current statutory rules and regulations for sentence
18credit found in Section 3-6-3 and other related provisions of
19this Code. This statement is intended solely to inform the
20public, has no legal effect on the defendant's actual release,
21and may not be relied on by the defendant on appeal.
22 The judge's statement, to be given after pronouncing the
23sentence, other than when the sentence is imposed for one of
24the offenses enumerated in paragraph (a)(3) of Section 3-6-3,
25shall include the following:
26 "The purpose of this statement is to inform the public of

10000SB1722sam001- 105 -LRB100 11347 RLC 23026 a
1the actual period of time this defendant is likely to spend in
2prison as a result of this sentence. The actual period of
3prison time served is determined by the statutes of Illinois as
4applied to this sentence by the Illinois Department of
5Corrections and the Illinois Prisoner Review Board. In this
6case, assuming the defendant receives all of his or her
7sentence credit, the period of estimated actual custody is ...
8years and ... months, less up to 180 days additional sentence
9credit for good conduct. If the defendant, because of his or
10her own misconduct or failure to comply with the institutional
11regulations, does not receive those credits, the actual time
12served in prison will be longer. The defendant may also receive
13an additional one-half day sentence credit for each day of
14participation in vocational, industry, substance abuse, and
15educational programs as provided for by Illinois statute."
16 When the sentence is imposed for one of the offenses
17enumerated in paragraph (a)(3) of Section 3-6-3, other than
18when the sentence is imposed for one of the offenses enumerated
19in paragraph (a)(2) of Section 3-6-3 committed on or after June
2019, 1998, and other than when the sentence is imposed for
21reckless homicide as defined in subsection (e) of Section 9-3
22of the Criminal Code of 1961 or the Criminal Code of 2012 if
23the offense was committed on or after January 1, 1999, and
24other than when the sentence is imposed for aggravated arson if
25the offense was committed on or after July 27, 2001 (the
26effective date of Public Act 92-176), and other than when the

10000SB1722sam001- 106 -LRB100 11347 RLC 23026 a
1sentence is imposed for aggravated driving under the influence
2of alcohol, other drug or drugs, or intoxicating compound or
3compounds, or any combination thereof as defined in
4subparagraph (C) of paragraph (1) of subsection (d) of Section
511-501 of the Illinois Vehicle Code committed on or after
6January 1, 2011 (the effective date of Public Act 96-1230), the
7judge's statement, to be given after pronouncing the sentence,
8shall include the following:
9 "The purpose of this statement is to inform the public of
10the actual period of time this defendant is likely to spend in
11prison as a result of this sentence. The actual period of
12prison time served is determined by the statutes of Illinois as
13applied to this sentence by the Illinois Department of
14Corrections and the Illinois Prisoner Review Board. In this
15case, assuming the defendant receives all of his or her
16sentence credit, the period of estimated actual custody is ...
17years and ... months, less up to 90 days additional sentence
18credit for good conduct. If the defendant, because of his or
19her own misconduct or failure to comply with the institutional
20regulations, does not receive those credits, the actual time
21served in prison will be longer. The defendant may also receive
22an additional one-half day sentence credit for each day of
23participation in vocational, industry, substance abuse, and
24educational programs as provided for by Illinois statute."
25 When the sentence is imposed for one of the offenses
26enumerated in paragraph (a)(2) of Section 3-6-3, other than

10000SB1722sam001- 107 -LRB100 11347 RLC 23026 a
1first degree murder, and the offense was committed on or after
2June 19, 1998, and when the sentence is imposed for reckless
3homicide as defined in subsection (e) of Section 9-3 of the
4Criminal Code of 1961 or the Criminal Code of 2012 if the
5offense was committed on or after January 1, 1999, and when the
6sentence is imposed for aggravated driving under the influence
7of alcohol, other drug or drugs, or intoxicating compound or
8compounds, or any combination thereof as defined in
9subparagraph (F) of paragraph (1) of subsection (d) of Section
1011-501 of the Illinois Vehicle Code, and when the sentence is
11imposed for aggravated arson if the offense was committed on or
12after July 27, 2001 (the effective date of Public Act 92-176),
13and when the sentence is imposed for aggravated driving under
14the influence of alcohol, other drug or drugs, or intoxicating
15compound or compounds, or any combination thereof as defined in
16subparagraph (C) of paragraph (1) of subsection (d) of Section
1711-501 of the Illinois Vehicle Code committed on or after
18January 1, 2011 (the effective date of Public Act 96-1230), the
19judge's statement, to be given after pronouncing the sentence,
20shall include the following:
21 "The purpose of this statement is to inform the public of
22the actual period of time this defendant is likely to spend in
23prison as a result of this sentence. The actual period of
24prison time served is determined by the statutes of Illinois as
25applied to this sentence by the Illinois Department of
26Corrections and the Illinois Prisoner Review Board. In this

10000SB1722sam001- 108 -LRB100 11347 RLC 23026 a
1case, the defendant is entitled to no more than 4 1/2 days of
2sentence credit for each month of his or her sentence of
3imprisonment. Therefore, this defendant will serve at least 85%
4of his or her sentence. Assuming the defendant receives 4 1/2
5days credit for each month of his or her sentence, the period
6of estimated actual custody is ... years and ... months, less
7up to 180 days additional sentence credit for good conduct. The
8defendant may also receive an additional one-half day sentence
9credit for each day of participation in vocational, industry,
10substance abuse, and educational programs earned on or after
11January 1, 2019 as provided for by Illinois statute and subject
12to the limitations of Illinois statute. Assuming the defendant
13receives the credit, the period of estimated actual custody
14would be reduced by the credit. However, the credit may not
15reduce time served to less than the amount set forth in
16paragraph (4.7) of subsection (a) of Section 3-6-3. If the
17defendant, because of his or her own misconduct or failure to
18comply with the institutional regulations receives lesser
19credit, the actual time served in prison will be longer."
20 When a sentence of imprisonment is imposed for first degree
21murder and the offense was committed on or after June 19, 1998,
22the judge's statement, to be given after pronouncing the
23sentence, shall include the following:
24 "The purpose of this statement is to inform the public of
25the actual period of time this defendant is likely to spend in
26prison as a result of this sentence. The actual period of

10000SB1722sam001- 109 -LRB100 11347 RLC 23026 a
1prison time served is determined by the statutes of Illinois as
2applied to this sentence by the Illinois Department of
3Corrections and the Illinois Prisoner Review Board. In this
4case, the defendant is not entitled to sentence credit earned
5before January 1, 2019. The defendant is entitled to earn 10%
6sentence credit for credits earned on or after January 1, 2019
7and up to 180 days of additional sentence credit for good
8conduct. If the defendant, because of his or her own misconduct
9or failure to comply with the institutional regulations
10receives lesser credit, the actual time served in prison will
11be longer. Therefore, this defendant will serve at least 90% of
12his or her sentence. However, the credit may not reduce time
13served to less than the amount set forth in paragraph (4.7) of
14subsection (a) of Section 3-6-3 Therefore, this defendant will
15serve 100% of his or her sentence."
16 When the sentencing order recommends placement in a
17substance abuse program for any offense that results in
18incarceration in a Department of Corrections facility and the
19crime was committed on or after September 1, 2003 (the
20effective date of Public Act 93-354), the judge's statement, in
21addition to any other judge's statement required under this
22Section, to be given after pronouncing the sentence, shall
23include the following:
24 "The purpose of this statement is to inform the public of
25the actual period of time this defendant is likely to spend in
26prison as a result of this sentence. The actual period of

10000SB1722sam001- 110 -LRB100 11347 RLC 23026 a
1prison time served is determined by the statutes of Illinois as
2applied to this sentence by the Illinois Department of
3Corrections and the Illinois Prisoner Review Board. In this
4case, the defendant shall receive no sentence credit for good
5conduct under clause (3) of subsection (a) of Section 3-6-3
6until he or she participates in and completes a substance abuse
7treatment program or receives a waiver from the Director of
8Corrections pursuant to clause (4.5) of subsection (a) of
9Section 3-6-3."
10 (c-4) Before the sentencing hearing and as part of the
11presentence investigation under Section 5-3-1, the court shall
12inquire of the defendant whether the defendant is currently
13serving in or is a veteran of the Armed Forces of the United
14States. If the defendant is currently serving in the Armed
15Forces of the United States or is a veteran of the Armed Forces
16of the United States and has been diagnosed as having a mental
17illness by a qualified psychiatrist or clinical psychologist or
18physician, the court may:
19 (1) order that the officer preparing the presentence
20 report consult with the United States Department of
21 Veterans Affairs, Illinois Department of Veterans'
22 Affairs, or another agency or person with suitable
23 knowledge or experience for the purpose of providing the
24 court with information regarding treatment options
25 available to the defendant, including federal, State, and
26 local programming; and

10000SB1722sam001- 111 -LRB100 11347 RLC 23026 a
1 (2) consider the treatment recommendations of any
2 diagnosing or treating mental health professionals
3 together with the treatment options available to the
4 defendant in imposing sentence.
5 For the purposes of this subsection (c-4), "qualified
6psychiatrist" means a reputable physician licensed in Illinois
7to practice medicine in all its branches, who has specialized
8in the diagnosis and treatment of mental and nervous disorders
9for a period of not less than 5 years.
10 (c-6) In imposing a sentence, the trial judge shall
11specify, on the record, the particular evidence and other
12reasons which led to his or her determination that a motor
13vehicle was used in the commission of the offense.
14 (d) When the defendant is committed to the Department of
15Corrections, the State's Attorney shall and counsel for the
16defendant may file a statement with the clerk of the court to
17be transmitted to the department, agency or institution to
18which the defendant is committed to furnish such department,
19agency or institution with the facts and circumstances of the
20offense for which the person was committed together with all
21other factual information accessible to them in regard to the
22person prior to his commitment relative to his habits,
23associates, disposition and reputation and any other facts and
24circumstances which may aid such department, agency or
25institution during its custody of such person. The clerk shall
26within 10 days after receiving any such statements transmit a

10000SB1722sam001- 112 -LRB100 11347 RLC 23026 a
1copy to such department, agency or institution and a copy to
2the other party, provided, however, that this shall not be
3cause for delay in conveying the person to the department,
4agency or institution to which he has been committed.
5 (e) The clerk of the court shall transmit to the
6department, agency or institution, if any, to which the
7defendant is committed, the following:
8 (1) the sentence imposed;
9 (2) any statement by the court of the basis for
10 imposing the sentence;
11 (3) any presentence reports;
12 (3.5) any sex offender evaluations;
13 (3.6) any substance abuse treatment eligibility
14 screening and assessment of the defendant by an agent
15 designated by the State of Illinois to provide assessment
16 services for the Illinois courts;
17 (4) the number of days, if any, which the defendant has
18 been in custody and for which he is entitled to credit
19 against the sentence, which information shall be provided
20 to the clerk by the sheriff;
21 (4.1) any finding of great bodily harm made by the
22 court with respect to an offense enumerated in subsection
23 (c-1);
24 (5) all statements filed under subsection (d) of this
25 Section;
26 (6) any medical or mental health records or summaries

10000SB1722sam001- 113 -LRB100 11347 RLC 23026 a
1 of the defendant;
2 (7) the municipality where the arrest of the offender
3 or the commission of the offense has occurred, where such
4 municipality has a population of more than 25,000 persons;
5 (8) all statements made and evidence offered under
6 paragraph (7) of subsection (a) of this Section; and
7 (9) all additional matters which the court directs the
8 clerk to transmit.
9 (f) In cases in which the court finds that a motor vehicle
10was used in the commission of the offense for which the
11defendant is being sentenced, the clerk of the court shall,
12within 5 days thereafter, forward a report of such conviction
13to the Secretary of State.
14(Source: P.A. 99-861, eff. 1-1-17.)
15 (730 ILCS 5/5-4.5-25)
16 Sec. 5-4.5-25. CLASS X FELONIES; SENTENCE. For a Class X
17felony:
18 (a) TERM. The sentence of imprisonment shall be a
19determinate sentence of not less than 6 years and not more than
2030 years. The sentence of imprisonment for an extended term
21Class X felony, as provided in Section 5-8-2 (730 ILCS
225/5-8-2), shall be not less than 30 years and not more than 60
23years.
24 (b) PERIODIC IMPRISONMENT. A term of periodic imprisonment
25shall not be imposed.

10000SB1722sam001- 114 -LRB100 11347 RLC 23026 a
1 (c) IMPACT INCARCERATION. The impact incarceration program
2or the county impact incarceration program is not an authorized
3disposition.
4 (d) PROBATION; CONDITIONAL DISCHARGE. A period of
5probation or conditional discharge shall not be imposed.
6 (e) FINE. Fines may be imposed as provided in Section
75-4.5-50(b) (730 ILCS 5/5-4.5-50(b)).
8 (f) RESTITUTION. See Section 5-5-6 (730 ILCS 5/5-5-6)
9concerning restitution.
10 (g) CONCURRENT OR CONSECUTIVE SENTENCE. The sentence shall
11be concurrent or consecutive as provided in Section 5-8-4 (730
12ILCS 5/5-8-4) and Section 5-4.5-50 (730 ILCS 5/5-4.5-50).
13 (h) DRUG COURT. See Section 20 of the Drug Court Treatment
14Act (730 ILCS 166/20) concerning eligibility for a drug court
15program.
16 (i) CREDIT FOR HOME DETENTION. See Section 5-4.5-100 (730
17ILCS 5/5-4.5-100) concerning no credit for time spent in home
18detention prior to judgment.
19 (j) SENTENCE CREDIT. See Section 3-6-3 (730 ILCS 5/3-6-3)
20for rules and regulations for sentence credit.
21 (k) ELECTRONIC HOME DETENTION. See Section 5-8A-3 (730 ILCS
225/5-8A-3) concerning eligibility for electronic home
23detention.
24 (l) PAROLE; MANDATORY SUPERVISED RELEASE. Except as
25provided in Section 3-3-8 or 5-8-1 (730 ILCS 5/3-3-8 or
265/5-8-1), the parole or mandatory supervised release term shall

10000SB1722sam001- 115 -LRB100 11347 RLC 23026 a
1be 18 months 3 years upon release from imprisonment.
2(Source: P.A. 97-697, eff. 6-22-12.)
3 (730 ILCS 5/5-4.5-30)
4 Sec. 5-4.5-30. CLASS 1 FELONIES; SENTENCE. For a Class 1
5felony:
6 (a) TERM. The sentence of imprisonment, other than for
7second degree murder, shall be a determinate sentence of not
8less than 4 years and not more than 15 years. The sentence of
9imprisonment for second degree murder shall be a determinate
10sentence of not less than 4 years and not more than 20 years.
11The sentence of imprisonment for an extended term Class 1
12felony, as provided in Section 5-8-2 (730 ILCS 5/5-8-2), shall
13be a term not less than 15 years and not more than 30 years.
14 (b) PERIODIC IMPRISONMENT. A sentence of periodic
15imprisonment shall be for a definite term of from 3 to 4 years,
16except as otherwise provided in Section 5-5-3 or 5-7-1 (730
17ILCS 5/5-5-3 or 5/5-7-1).
18 (c) IMPACT INCARCERATION. See Sections 5-8-1.1 and 5-8-1.2
19(730 ILCS 5/5-8-1.1 and 5/5-8-1.2) concerning eligibility for
20the impact incarceration program or the county impact
21incarceration program.
22 (d) PROBATION; CONDITIONAL DISCHARGE. Except as provided
23in Section 5-5-3 or 5-6-2 (730 ILCS 5/5-5-3 or 5/5-6-2), the
24period of probation or conditional discharge shall not exceed 4
25years. The court shall specify the conditions of probation or

10000SB1722sam001- 116 -LRB100 11347 RLC 23026 a
1conditional discharge as set forth in Section 5-6-3 (730 ILCS
25/5-6-3). In no case shall an offender be eligible for a
3disposition of probation or conditional discharge for a Class 1
4felony committed while he or she was serving a term of
5probation or conditional discharge for a felony.
6 (e) FINE. Fines may be imposed as provided in Section
75-4.5-50(b) (730 ILCS 5/5-4.5-50(b)).
8 (f) RESTITUTION. See Section 5-5-6 (730 ILCS 5/5-5-6)
9concerning restitution.
10 (g) CONCURRENT OR CONSECUTIVE SENTENCE. The sentence shall
11be concurrent or consecutive as provided in Section 5-8-4 (730
12ILCS 5/5-8-4) and Section 5-4.5-50 (730 ILCS 5/5-4.5-50).
13 (h) DRUG COURT. See Section 20 of the Drug Court Treatment
14Act (730 ILCS 166/20) concerning eligibility for a drug court
15program.
16 (i) CREDIT FOR HOME DETENTION. See Section 5-4.5-100 (730
17ILCS 5/5-4.5-100) concerning credit for time spent in home
18detention prior to judgment.
19 (j) SENTENCE CREDIT. See Section 3-6-3 of this Code (730
20ILCS 5/3-6-3) or the County Jail Good Behavior Allowance Act
21(730 ILCS 130/) for rules and regulations for sentence credit.
22 (k) ELECTRONIC HOME DETENTION. See Section 5-8A-3 (730 ILCS
235/5-8A-3) concerning eligibility for electronic home
24detention.
25 (l) PAROLE; MANDATORY SUPERVISED RELEASE. Except as
26provided in Section 3-3-8 or 5-8-1 (730 ILCS 5/3-3-8 or

10000SB1722sam001- 117 -LRB100 11347 RLC 23026 a
15/5-8-1), the parole or mandatory supervised release term shall
2be 18 months 2 years upon release from imprisonment.
3(Source: P.A. 97-697, eff. 6-22-12.)
4 (730 ILCS 5/5-4.5-35)
5 Sec. 5-4.5-35. CLASS 2 FELONIES; SENTENCE. For a Class 2
6felony:
7 (a) TERM. The sentence of imprisonment shall be a
8determinate sentence of not less than 3 years and not more than
97 years. The sentence of imprisonment for an extended term
10Class 2 felony, as provided in Section 5-8-2 (730 ILCS
115/5-8-2), shall be a term not less than 7 years and not more
12than 14 years.
13 (b) PERIODIC IMPRISONMENT. A sentence of periodic
14imprisonment shall be for a definite term of from 18 to 30
15months, except as otherwise provided in Section 5-5-3 or 5-7-1
16(730 ILCS 5/5-5-3 or 5/5-7-1).
17 (c) IMPACT INCARCERATION. See Sections 5-8-1.1 and 5-8-1.2
18(730 ILCS 5/5-8-1.1 and 5/5-8-1.2) concerning eligibility for
19the impact incarceration program or the county impact
20incarceration program.
21 (d) PROBATION; CONDITIONAL DISCHARGE. Except as provided
22in Section 5-5-3 or 5-6-2 (730 ILCS 5/5-5-3 or 5/5-6-2), the
23period of probation or conditional discharge shall not exceed 4
24years. The court shall specify the conditions of probation or
25conditional discharge as set forth in Section 5-6-3 (730 ILCS

10000SB1722sam001- 118 -LRB100 11347 RLC 23026 a
15/5-6-3).
2 (e) FINE. Fines may be imposed as provided in Section
35-4.5-50(b) (730 ILCS 5/5-4.5-50(b)).
4 (f) RESTITUTION. See Section 5-5-6 (730 ILCS 5/5-5-6)
5concerning restitution.
6 (g) CONCURRENT OR CONSECUTIVE SENTENCE. The sentence shall
7be concurrent or consecutive as provided in Section 5-8-4 (730
8ILCS 5/5-8-4) and Section 5-4.5-50 (730 ILCS 5/5-4.5-50).
9 (h) DRUG COURT. See Section 20 of the Drug Court Treatment
10Act (730 ILCS 166/20) concerning eligibility for a drug court
11program.
12 (i) CREDIT FOR HOME DETENTION. See Section 5-4.5-100 (730
13ILCS 5/5-4.5-100) concerning credit for time spent in home
14detention prior to judgment.
15 (j) SENTENCE CREDIT. See Section 3-6-3 of this Code (730
16ILCS 5/3-6-3) or the County Jail Good Behavior Allowance Act
17(730 ILCS 130/) for rules and regulations for sentence credit.
18 (k) ELECTRONIC HOME DETENTION. See Section 5-8A-3 (730 ILCS
195/5-8A-3) concerning eligibility for electronic home
20detention.
21 (l) PAROLE; MANDATORY SUPERVISED RELEASE. Except as
22provided in Section 3-3-8 or 5-8-1 (730 ILCS 5/3-3-8 or
235/5-8-1), the parole or mandatory supervised release term shall
24be 18 months 2 years upon release from imprisonment.
25(Source: P.A. 97-697, eff. 6-22-12.)

10000SB1722sam001- 119 -LRB100 11347 RLC 23026 a
1 (730 ILCS 5/5-4.5-95)
2 Sec. 5-4.5-95. GENERAL RECIDIVISM PROVISIONS.
3 (a) HABITUAL CRIMINALS.
4 (1) Every person who has been twice convicted in any
5 state or federal court of an offense that contains the same
6 elements as an offense now (the date of the offense
7 committed after the 2 prior convictions) classified in
8 Illinois as a Class X felony, criminal sexual assault,
9 aggravated kidnapping, or first degree murder, and who is
10 thereafter convicted of a Class X felony, criminal sexual
11 assault, or first degree murder, committed after the 2
12 prior convictions, shall be adjudged an habitual criminal.
13 (2) The 2 prior convictions need not have been for the
14 same offense.
15 (3) Any convictions that result from or are connected
16 with the same transaction, or result from offenses
17 committed at the same time, shall be counted for the
18 purposes of this Section as one conviction.
19 (4) This Section does not apply unless each of the
20 following requirements are satisfied:
21 (A) The third offense was committed after July 3,
22 1980.
23 (B) The third offense was committed within 20 years
24 of the date that judgment was entered on the first
25 conviction; provided, however, that time spent in
26 custody shall not be counted.

10000SB1722sam001- 120 -LRB100 11347 RLC 23026 a
1 (C) The third offense was committed after
2 conviction on the second offense.
3 (D) The second offense was committed after
4 conviction on the first offense.
5 (5) Anyone who, having attained the age of 18 at the
6 time of the third offense, is adjudged an habitual criminal
7 shall be sentenced to a term of natural life imprisonment.
8 (6) A prior conviction shall not be alleged in the
9 indictment, and no evidence or other disclosure of that
10 conviction shall be presented to the court or the jury
11 during the trial of an offense set forth in this Section
12 unless otherwise permitted by the issues properly raised in
13 that trial. After a plea or verdict or finding of guilty
14 and before sentence is imposed, the prosecutor may file
15 with the court a verified written statement signed by the
16 State's Attorney concerning any former conviction of an
17 offense set forth in this Section rendered against the
18 defendant. The court shall then cause the defendant to be
19 brought before it; shall inform the defendant of the
20 allegations of the statement so filed, and of his or her
21 right to a hearing before the court on the issue of that
22 former conviction and of his or her right to counsel at
23 that hearing; and unless the defendant admits such
24 conviction, shall hear and determine the issue, and shall
25 make a written finding thereon. If a sentence has
26 previously been imposed, the court may vacate that sentence

10000SB1722sam001- 121 -LRB100 11347 RLC 23026 a
1 and impose a new sentence in accordance with this Section.
2 (7) A duly authenticated copy of the record of any
3 alleged former conviction of an offense set forth in this
4 Section shall be prima facie evidence of that former
5 conviction; and a duly authenticated copy of the record of
6 the defendant's final release or discharge from probation
7 granted, or from sentence and parole supervision (if any)
8 imposed pursuant to that former conviction, shall be prima
9 facie evidence of that release or discharge.
10 (8) Any claim that a previous conviction offered by the
11 prosecution is not a former conviction of an offense set
12 forth in this Section because of the existence of any
13 exceptions described in this Section, is waived unless duly
14 raised at the hearing on that conviction, or unless the
15 prosecution's proof shows the existence of the exceptions
16 described in this Section.
17 (9) If the person so convicted shows to the
18 satisfaction of the court before whom that conviction was
19 had that he or she was released from imprisonment, upon
20 either of the sentences upon a pardon granted for the
21 reason that he or she was innocent, that conviction and
22 sentence shall not be considered under this Section.
23 (b) When a defendant, over the age of 21 years, is
24convicted of a Class 1 or Class 2 felony, except for an offense
25listed in subsection (c) of this Section, after having twice
26been convicted in any state or federal court of an offense that

10000SB1722sam001- 122 -LRB100 11347 RLC 23026 a
1contains the same elements as an offense now (the date the
2Class 1 or Class 2 felony was committed) classified in Illinois
3as a Class 2 or greater Class felony, except for an offense
4listed in subsection (c) of this Section, and those charges are
5separately brought and tried and arise out of different series
6of acts, that defendant shall be sentenced as a Class X
7offender. This subsection does not apply unless:
8 (1) the first felony was committed after February 1,
9 1978 (the effective date of Public Act 80-1099);
10 (2) the second felony was committed after conviction on
11 the first; and
12 (3) the third felony was committed after conviction on
13 the second.
14 (c) Subsection (b) of this Section does not apply to Class
151 or Class 2 felony convictions for a violation of:
16 (1) subsections (c) or (d) of Section 401, or
17 subsection (a) of Section 402 of the Illinois Controlled
18 Substances Act;
19 (2) Section 4 or Section 5 of the Cannabis Control Act;
20 (3) Section 16-1 of the Criminal Code of 2012.
21 A person sentenced as a Class X offender under this
22subsection (b) is not eligible to apply for treatment as a
23condition of probation as provided by Section 40-10 of the
24Alcoholism and Other Drug Abuse and Dependency Act (20 ILCS
25301/40-10).
26(Source: P.A. 99-69, eff. 1-1-16.)

10000SB1722sam001- 123 -LRB100 11347 RLC 23026 a
1 (730 ILCS 5/5-4.5-110 new)
2 Sec. 5-4.5-110. SENTENCING GUIDELINES FOR INDIVIDUALS WITH
3PRIOR FELONY FIREARM-RELATED OR OTHER SPECIFIED CONVICTIONS.
4 (a) DEFINITIONS. For the purposes of this Section:
5 "Firearm" has the meaning ascribed to it in Section 1.1
6 of the Firearm Owners Identification Card Act.
7 "Qualifying predicate offense" means the following
8 offenses under the Criminal Code of 2012:
9 (A) aggravated unlawful use of a weapon under
10 Section 24-1.6 or similar offense under the Criminal
11 Code of 1961, when the weapon is a firearm;
12 (B) unlawful use or possession of a weapon by a
13 felon under 24-1.1 or similar offense under the
14 Criminal Code of 1961, when the weapon is a firearm;
15 (C) first degree murder under Section 9-1 or
16 similar offense under the Criminal Code of 1961;
17 (D) attempted first degree murder with a firearm or
18 similar offense under the Criminal Code of 1961;
19 (E) aggravated kidnapping with a firearm under
20 paragraph (6) or (7) of subsection (a) of Section 10-2
21 or similar offense under the Criminal Code of 1961;
22 (F) aggravated battery with a firearm under
23 subsection (e) of Section 12-3.05 or similar offense
24 under the Criminal Code of 1961;
25 (G) aggravated criminal sexual assault under

10000SB1722sam001- 124 -LRB100 11347 RLC 23026 a
1 Section 11-1.30 or similar offense under the Criminal
2 Code of 1961;
3 (H) predatory criminal sexual assault of a child
4 under Section 11-1.40 or similar offense under the
5 Criminal Code of 1961;
6 (I) armed robbery under Section 18-2 or similar
7 offense under the Criminal Code of 1961;
8 (J) vehicular hijacking under Section 18-3 or
9 similar offense under the Criminal Code of 1961;
10 (K) aggravated vehicular hijacking under Section
11 18-4 or similar offense under the Criminal Code of
12 1961;
13 (L) home invasion with a firearm under paragraph
14 (3), (4), or (5) of subsection (a) of Section 19-6 or
15 similar offense under the Criminal Code of 1961;
16 (M) aggravated discharge of a firearm under
17 Section 24-1.2 or similar offense under the Criminal
18 Code of 1961;
19 (N) aggravated discharge of a machine gun or a
20 firearm equipped with a device designed or used for
21 silencing the report of a firearm under Section
22 24-1.2-5 or similar offense under the Criminal Code of
23 1961;
24 (0) unlawful use of firearm projectiles under
25 Section 24-2.1 or similar offense under the Criminal
26 Code of 1961;

10000SB1722sam001- 125 -LRB100 11347 RLC 23026 a
1 (P) manufacture, sale, or transfer of bullets or
2 shells represented to be armor piercing bullets,
3 dragon's breath shotgun shells, bolo shells, or
4 flechette shells under Section 24-2.2 or similar
5 offense under the Criminal Code of 1961;
6 (Q) unlawful sale or delivery of firearms under
7 Section 24-3 or similar offense under the Criminal Code
8 of 1961;
9 (R) unlawful discharge of firearm projectiles
10 under Section 24-3.2 or similar offense under the
11 Criminal Code of 1961;
12 (S) unlawful sale or delivery of firearms on school
13 premises of any school under Section 24-3.3 or similar
14 offense under the Criminal Code of 1961;
15 (T) unlawful purchase of a firearm under Section
16 24-3.5 or similar offense under the Criminal Code of
17 1961;
18 (U) use of a stolen firearm in the commission of an
19 offense under Section 24-3.7 or similar offense under
20 the Criminal Code of 1961;
21 (V) possession of a stolen firearm under Section
22 24-3.8 or similar offense under the Criminal Code of
23 1961;
24 (W) aggravated possession of a stolen firearm
25 under Section 24-3.9 or similar offense under the
26 Criminal Code of 1961;

10000SB1722sam001- 126 -LRB100 11347 RLC 23026 a
1 (X) gunrunning under Section 24-3A or similar
2 offense under the Criminal Code of 1961;
3 (Y) defacing identification marks of firearms
4 under Section 24-5 or similar offense under the
5 Criminal Code of 1961; and
6 (Z) armed violence under Section 33A-2 or similar
7 offense under the Criminal Code of 1961.
8 (b) APPLICABILITY. On or after the effective date of this
9amendatory Act of the 100th General Assembly, when a person is
10convicted of unlawful use or possession of a weapon by a felon,
11when the weapon is a firearm, or aggravated unlawful use of a
12weapon, when the weapon is a firearm, after being previously
13convicted of a qualifying predicate offense the person shall be
14subject to the sentencing guidelines under this Section.
15 (c) SENTENCING GUIDELINES.
16 (1) When a person is convicted of unlawful use or
17 possession of a weapon by a felon, when the weapon is a
18 firearm, and that person has been previously convicted of a
19 qualifying predicate offense, the person shall be
20 sentenced to a term of imprisonment within the sentencing
21 range of not less than 7 years and not more than 14 years,
22 unless the court finds that a departure from the sentencing
23 guidelines under this paragraph is warranted under
24 subsection (d) of this Section.
25 (2) When a person is convicted of aggravated unlawful
26 use of a weapon, when the weapon is a firearm, and that

10000SB1722sam001- 127 -LRB100 11347 RLC 23026 a
1 person has been previously convicted of a qualifying
2 predicate offense, the person shall be sentenced to a term
3 of imprisonment within the sentencing range of not less
4 than 6 years and not more than 7 years, unless the court
5 finds that a departure from the sentencing guidelines under
6 this paragraph is warranted under subsection (d) of this
7 Section.
8 (d) DEPARTURE FROM SENTENCING GUIDELINES.
9 (1) At the sentencing hearing conducted under Section
10 5-4-1 of this Code, the court may depart from the
11 sentencing guidelines provided in subsection (c) of this
12 Section and impose a sentence otherwise authorized by law
13 for the offense if the court, after considering any factor
14 under paragraph (2) of this subsection (d) relevant to the
15 nature and circumstances of the crime and to the history
16 and character of the defendant, finds on the record
17 substantial and compelling justification that the sentence
18 within the sentencing guidelines would be unduly harsh and
19 that a sentence otherwise authorized by law would be
20 consistent with public safety and does not deprecate the
21 seriousness of the offense.
22 (2) In deciding whether to depart from the sentencing
23 guidelines under this paragraph, the court shall consider:
24 (A) the age, immaturity, or limited mental
25 capacity of the defendant at the time of commission of
26 the qualifying predicate or current offense, including

10000SB1722sam001- 128 -LRB100 11347 RLC 23026 a
1 whether the defendant was suffering from a mental or
2 physical condition insufficient to constitute a
3 defense but significantly reduced the defendant's
4 culpability;
5 (B) the nature and circumstances of the qualifying
6 predicate offense;
7 (C) the time elapsed since the qualifying
8 predicate offense;
9 (D) the nature and circumstances of the current
10 offense;
11 (E) the defendant's prior criminal history;
12 (F) whether the defendant committed the qualifying
13 predicate or current offense under specific and
14 credible duress, coercion, threat, or compulsion;
15 (G) whether the defendant aided in the
16 apprehension of another felon or testified truthfully
17 on behalf of another prosecution of a felony;
18 (H) whether departure is in the interest of the
19 person's rehabilitation, including employment or
20 educational or vocational training, after taking into
21 account any past rehabilitation efforts or
22 dispositions of probation or supervision, and the
23 defendant's cooperation or response to rehabilitation;
24 and
25 (I) whether departure is in the interest of public
26 safety.

10000SB1722sam001- 129 -LRB100 11347 RLC 23026 a
1 (3) When departing from the sentencing guidelines
2 under this Section, the court shall specify on the record,
3 the particular evidence, information, factor or factors,
4 or other reasons which led to the departure from the
5 sentencing guidelines. When departing from the sentencing
6 range in accordance with this subsection (d), the court
7 shall indicate on the sentencing order which departure
8 factor or factors outlined in paragraph (2) of this
9 subsection (d) led to the sentence imposed. The sentencing
10 order shall be filed with the clerk of the court and shall
11 be a public record.
12 (730 ILCS 5/5-6-3.3)
13 Sec. 5-6-3.3. Offender Initiative Program.
14 (a) Statement of purpose. The General Assembly seeks to
15continue other successful programs that promote public safety,
16conserve valuable resources, and reduce recidivism by
17defendants who can lead productive lives by creating the
18Offender Initiative Program.
19 (a-1) Whenever any person who has not previously been
20convicted of, or placed on probation or conditional discharge
21for, any felony offense under the laws of this State, the laws
22of any other state, or the laws of the United States, is
23arrested for and charged with a probationable felony offense of
24theft, retail theft, forgery, possession of a stolen motor
25vehicle, burglary, possession of burglary tools, deceptive

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1practices, disorderly conduct, criminal damage or trespass to
2property under Article 21 of the Criminal Code of 2012,
3criminal trespass to a residence, obstructing justice, or an
4offense involving fraudulent identification, or possession of
5cannabis, possession of a controlled substance, or possession
6of methamphetamine, the court, with the consent of the
7defendant and the State's Attorney, may continue this matter to
8allow a defendant to participate and complete the Offender
9Initiative Program.
10 (a-2) Exemptions. A defendant shall not be eligible for
11this Program if the offense he or she has been arrested for and
12charged with is a violent offense. For purposes of this
13Program, a "violent offense" is any offense where bodily harm
14was inflicted or where force was used against any person or
15threatened against any person, any offense involving sexual
16conduct, sexual penetration, or sexual exploitation, any
17offense of domestic violence, domestic battery, violation of an
18order of protection, stalking, hate crime, driving under the
19influence of drugs or alcohol, and any offense involving the
20possession of a firearm or dangerous weapon. A defendant shall
21not be eligible for this Program if he or she has previously
22been adjudicated a delinquent minor for the commission of a
23violent offense as defined in this subsection.
24 (b) When a defendant is placed in the Program, after both
25the defendant and State's Attorney waive preliminary hearing
26pursuant to Section 109-3 of the Code of Criminal Procedure of

10000SB1722sam001- 131 -LRB100 11347 RLC 23026 a
11963, the court shall enter an order specifying that the
2proceedings shall be suspended while the defendant is
3participating in a Program of not less 12 months.
4 (c) The conditions of the Program shall be that the
5defendant:
6 (1) not violate any criminal statute of this State or
7 any other jurisdiction;
8 (2) refrain from possessing a firearm or other
9 dangerous weapon;
10 (3) make full restitution to the victim or property
11 owner pursuant to Section 5-5-6 of this Code;
12 (4) obtain employment or perform not less than 30 hours
13 of community service, provided community service is
14 available in the county and is funded and approved by the
15 county board; and
16 (5) attend educational courses designed to prepare the
17 defendant for obtaining a high school diploma or to work
18 toward passing high school equivalency testing or to work
19 toward completing a vocational training program.
20 (d) The court may, in addition to other conditions, require
21that the defendant:
22 (1) undergo medical or psychiatric treatment, or
23 treatment or rehabilitation approved by the Illinois
24 Department of Human Services;
25 (2) refrain from having in his or her body the presence
26 of any illicit drug prohibited by the Methamphetamine

10000SB1722sam001- 132 -LRB100 11347 RLC 23026 a
1 Control and Community Protection Act, the Cannabis Control
2 Act or the Illinois Controlled Substances Act, unless
3 prescribed by a physician, and submit samples of his or her
4 blood or urine or both for tests to determine the presence
5 of any illicit drug;
6 (3) submit to periodic drug testing at a time, manner,
7 and frequency as ordered by the court;
8 (4) pay fines, fees and costs; and
9 (5) in addition, if a minor:
10 (i) reside with his or her parents or in a foster
11 home;
12 (ii) attend school;
13 (iii) attend a non-residential program for youth;
14 or
15 (iv) contribute to his or her own support at home
16 or in a foster home.
17 (e) When the State's Attorney makes a factually specific
18offer of proof that the defendant has failed to successfully
19complete the Program or has violated any of the conditions of
20the Program, the court shall enter an order that the defendant
21has not successfully completed the Program and continue the
22case for arraignment pursuant to Section 113-1 of the Code of
23Criminal Procedure of 1963 for further proceedings as if the
24defendant had not participated in the Program.
25 (f) Upon fulfillment of the terms and conditions of the
26Program, the State's Attorney shall dismiss the case or the

10000SB1722sam001- 133 -LRB100 11347 RLC 23026 a
1court shall discharge the person and dismiss the proceedings
2against the person.
3 (g) A person may only have There may be only one discharge
4and dismissal under this Section within a 4-year period with
5respect to any person.
6 (h) Notwithstanding subsection (a-1), if the court finds
7that the defendant suffers from a substance abuse problem, then
8before the person participates in the Program under this
9Section, the court may refer the person to the drug court
10established in that judicial circuit pursuant to Section 15 of
11the Drug Court Treatment Act. The drug court team shall
12evaluate the person's likelihood of successfully fulfilling
13the terms and conditions of the Program under this Section and
14shall report the results of its evaluation to the court. If the
15drug court team finds that the person suffers from a substance
16abuse problem that makes him or her substantially unlikely to
17successfully fulfill the terms and conditions of the Program,
18then the drug court shall set forth its findings in the form of
19a written order, and the person shall be ineligible to
20participate in the Program under this Section, but shall may be
21considered for the drug court program.
22(Source: P.A. 98-718, eff. 1-1-15; 99-480, eff. 9-9-15.)
23 (730 ILCS 5/5-6-3.4)
24 Sec. 5-6-3.4. Second Chance Probation.
25 (a) Whenever any person who has not previously been

10000SB1722sam001- 134 -LRB100 11347 RLC 23026 a
1convicted of, or placed on probation or conditional discharge
2for, any felony offense under the laws of this State, the laws
3of any other state, or the laws of the United States, including
4probation under Section 410 of the Illinois Controlled
5Substances Act, Section 70 of the Methamphetamine Control and
6Community Protection Act, Section 10 of the Cannabis Control
7Act, subsection (c) of Section 11-14 of the Criminal Code of
82012, Treatment Alternatives for Criminal Justice Clients
9(TASC) under Article 40 of the Alcoholism and Other Drug Abuse
10and Dependency Act, or prior successful completion of the
11Offender Initiative Program under Section 5-6-3.3 of this Code,
12and pleads guilty to, or is found guilty of, a probationable
13felony offense of possession of less than 15 grams of a
14controlled substance that is punishable as a Class 4 felony;
15possession of less than 15 grams of methamphetamine that is
16punishable as a Class 4 felony; or a probationable felony
17offense of possession of cannabis, theft, retail theft,
18forgery, deceptive practices, possession of a stolen motor
19vehicle, burglary, possession of burglary tools, disorderly
20conduct, criminal damage or trespass to property under Article
2121 of the Criminal Code of 2012, criminal trespass to a
22residence, an offense involving fraudulent identification, or
23obstructing justice; theft that is punishable as a Class 3
24felony based on the value of the property or punishable as a
25Class 4 felony if the theft was committed in a school or place
26of worship or if the theft was of governmental property; retail

10000SB1722sam001- 135 -LRB100 11347 RLC 23026 a
1theft that is punishable as a Class 3 felony based on the value
2of the property; criminal damage to property that is punishable
3as a Class 4 felony; criminal damage to government supported
4property that is punishable as a Class 4 felony; or possession
5of cannabis which is punishable as a Class 4 felony, the court,
6with the consent of the defendant and the State's Attorney,
7may, without entering a judgment, sentence the defendant to
8probation under this Section.
9 (a-1) Exemptions. A defendant is not eligible for this
10probation if the offense he or she pleads guilty to, or is
11found guilty of, is a violent offense, or he or she has
12previously been convicted of a violent offense. For purposes of
13this probation, a "violent offense" is any offense where bodily
14harm was inflicted or where force was used against any person
15or threatened against any person, any offense involving sexual
16conduct, sexual penetration, or sexual exploitation, any
17offense of domestic violence, domestic battery, violation of an
18order of protection, stalking, hate crime, driving under the
19influence of drugs or alcohol, and any offense involving the
20possession of a firearm or dangerous weapon. A defendant shall
21not be eligible for this probation if he or she has previously
22been adjudicated a delinquent minor for the commission of a
23violent offense as defined in this subsection.
24 (b) When a defendant is placed on probation, the court
25shall enter an order specifying a period of probation of not
26less than 24 months and shall defer further proceedings in the

10000SB1722sam001- 136 -LRB100 11347 RLC 23026 a
1case until the conclusion of the period or until the filing of
2a petition alleging violation of a term or condition of
3probation.
4 (c) The conditions of probation shall be that the
5defendant:
6 (1) not violate any criminal statute of this State or
7 any other jurisdiction;
8 (2) refrain from possessing a firearm or other
9 dangerous weapon;
10 (3) make full restitution to the victim or property
11 owner under Section 5-5-6 of this Code;
12 (4) obtain or attempt to obtain employment;
13 (5) pay fines and costs;
14 (6) attend educational courses designed to prepare the
15 defendant for obtaining a high school diploma or to work
16 toward passing high school equivalency testing or to work
17 toward completing a vocational training program;
18 (7) submit to periodic drug testing at a time and in a
19 manner as ordered by the court, but no less than 3 times
20 during the period of probation, with the cost of the
21 testing to be paid by the defendant; and
22 (8) perform a minimum of 30 hours of community service.
23 (d) The court may, in addition to other conditions, require
24that the defendant:
25 (1) make a report to and appear in person before or
26 participate with the court or such courts, person, or

10000SB1722sam001- 137 -LRB100 11347 RLC 23026 a
1 social service agency as directed by the court in the order
2 of probation;
3 (2) undergo medical or psychiatric treatment, or
4 treatment or rehabilitation approved by the Illinois
5 Department of Human Services;
6 (3) attend or reside in a facility established for the
7 instruction or residence of defendants on probation;
8 (4) support his or her dependents; or
9 (5) refrain from having in his or her body the presence
10 of any illicit drug prohibited by the Methamphetamine
11 Control and Community Protection Act, the Cannabis Control
12 Act, or the Illinois Controlled Substances Act, unless
13 prescribed by a physician, and submit samples of his or her
14 blood or urine or both for tests to determine the presence
15 of any illicit drug.
16 (e) Upon violation of a term or condition of probation, the
17court may enter a judgment on its original finding of guilt and
18proceed as otherwise provided by law.
19 (f) Upon fulfillment of the terms and conditions of
20probation, the court shall discharge the person and dismiss the
21proceedings against the person.
22 (g) A disposition of probation is considered to be a
23conviction for the purposes of imposing the conditions of
24probation and for appeal; however, a discharge and dismissal
25under this Section is not a conviction for purposes of this
26Code or for purposes of disqualifications or disabilities

10000SB1722sam001- 138 -LRB100 11347 RLC 23026 a
1imposed by law upon conviction of a crime.
2 (h) A person may only have There may be only one discharge
3and dismissal under this Section within a 4-year period ,
4Section 410 of the Illinois Controlled Substances Act, Section
570 of the Methamphetamine Control and Community Protection Act,
6Section 10 of the Cannabis Control Act, Treatment Alternatives
7for Criminal Justice Clients (TASC) under Article 40 of the
8Alcoholism and Other Drug Abuse and Dependency Act, the
9Offender Initiative Program under Section 5-6-3.3 of this Code,
10and subsection (c) of Section 11-14 of the Criminal Code of
112012 with respect to any person.
12 (i) If a person is convicted of any offense which occurred
13within 5 years subsequent to a discharge and dismissal under
14this Section, the discharge and dismissal under this Section
15shall be admissible in the sentencing proceeding for that
16conviction as evidence in aggravation.
17 (j) Notwithstanding subsection (a), if the court finds that
18the defendant suffers from a substance abuse problem, then
19before the person is placed on probation under this Section,
20the court may refer the person to the drug court established in
21that judicial circuit pursuant to Section 15 of the Drug Court
22Treatment Act. The drug court team shall evaluate the person's
23likelihood of successfully fulfilling the terms and conditions
24of probation under this Section and shall report the results of
25its evaluation to the court. If the drug court team finds that
26the person suffers from a substance abuse problem that makes

10000SB1722sam001- 139 -LRB100 11347 RLC 23026 a
1him or her substantially unlikely to successfully fulfill the
2terms and conditions of probation under this Section, then the
3drug court shall set forth its findings in the form of a
4written order, and the person shall be ineligible to be placed
5on probation under this Section, but shall may be considered
6for the drug court program.
7(Source: P.A. 98-164, eff. 1-1-14; 98-718, eff. 1-1-15; 99-480,
8eff. 9-9-15.)
9 (730 ILCS 5/5-8-1) (from Ch. 38, par. 1005-8-1)
10 Sec. 5-8-1. Natural life imprisonment; enhancements for
11use of a firearm; mandatory supervised release terms.
12 (a) Except as otherwise provided in the statute defining
13the offense or in Article 4.5 of Chapter V, a sentence of
14imprisonment for a felony shall be a determinate sentence set
15by the court under this Section, according to the following
16limitations:
17 (1) for first degree murder,
18 (a) (blank),
19 (b) if a trier of fact finds beyond a reasonable
20 doubt that the murder was accompanied by exceptionally
21 brutal or heinous behavior indicative of wanton
22 cruelty or, except as set forth in subsection (a)(1)(c)
23 of this Section, that any of the aggravating factors
24 listed in subsection (b) or (b-5) of Section 9-1 of the
25 Criminal Code of 1961 or the Criminal Code of 2012 are

10000SB1722sam001- 140 -LRB100 11347 RLC 23026 a
1 present, the court may sentence the defendant, subject
2 to Section 5-4.5-105, to a term of natural life
3 imprisonment, or
4 (c) the court shall sentence the defendant to a
5 term of natural life imprisonment if the defendant, at
6 the time of the commission of the murder, had attained
7 the age of 18, and
8 (i) has previously been convicted of first
9 degree murder under any state or federal law, or
10 (ii) is found guilty of murdering more than one
11 victim, or
12 (iii) is found guilty of murdering a peace
13 officer, fireman, or emergency management worker
14 when the peace officer, fireman, or emergency
15 management worker was killed in the course of
16 performing his official duties, or to prevent the
17 peace officer or fireman from performing his
18 official duties, or in retaliation for the peace
19 officer, fireman, or emergency management worker
20 from performing his official duties, and the
21 defendant knew or should have known that the
22 murdered individual was a peace officer, fireman,
23 or emergency management worker, or
24 (iv) is found guilty of murdering an employee
25 of an institution or facility of the Department of
26 Corrections, or any similar local correctional

10000SB1722sam001- 141 -LRB100 11347 RLC 23026 a
1 agency, when the employee was killed in the course
2 of performing his official duties, or to prevent
3 the employee from performing his official duties,
4 or in retaliation for the employee performing his
5 official duties, or
6 (v) is found guilty of murdering an emergency
7 medical technician - ambulance, emergency medical
8 technician - intermediate, emergency medical
9 technician - paramedic, ambulance driver or other
10 medical assistance or first aid person while
11 employed by a municipality or other governmental
12 unit when the person was killed in the course of
13 performing official duties or to prevent the
14 person from performing official duties or in
15 retaliation for performing official duties and the
16 defendant knew or should have known that the
17 murdered individual was an emergency medical
18 technician - ambulance, emergency medical
19 technician - intermediate, emergency medical
20 technician - paramedic, ambulance driver, or other
21 medical assistant or first aid personnel, or
22 (vi) (blank), or
23 (vii) is found guilty of first degree murder
24 and the murder was committed by reason of any
25 person's activity as a community policing
26 volunteer or to prevent any person from engaging in

10000SB1722sam001- 142 -LRB100 11347 RLC 23026 a
1 activity as a community policing volunteer. For
2 the purpose of this Section, "community policing
3 volunteer" has the meaning ascribed to it in
4 Section 2-3.5 of the Criminal Code of 2012.
5 For purposes of clause (v), "emergency medical
6 technician - ambulance", "emergency medical technician -
7 intermediate", "emergency medical technician -
8 paramedic", have the meanings ascribed to them in the
9 Emergency Medical Services (EMS) Systems Act.
10 (d) (i) if the person committed the offense while
11 armed with a firearm, 15 years shall be added to
12 the term of imprisonment imposed by the court;
13 (ii) if, during the commission of the offense,
14 the person personally discharged a firearm, 20
15 years shall be added to the term of imprisonment
16 imposed by the court;
17 (iii) if, during the commission of the
18 offense, the person personally discharged a
19 firearm that proximately caused great bodily harm,
20 permanent disability, permanent disfigurement, or
21 death to another person, 25 years or up to a term
22 of natural life shall be added to the term of
23 imprisonment imposed by the court.
24 (2) (blank);
25 (2.5) for a person who has attained the age of 18 years
26 at the time of the commission of the offense and who is

10000SB1722sam001- 143 -LRB100 11347 RLC 23026 a
1 convicted under the circumstances described in subdivision
2 (b)(1)(B) of Section 11-1.20 or paragraph (3) of subsection
3 (b) of Section 12-13, subdivision (d)(2) of Section 11-1.30
4 or paragraph (2) of subsection (d) of Section 12-14,
5 subdivision (b)(1.2) of Section 11-1.40 or paragraph (1.2)
6 of subsection (b) of Section 12-14.1, subdivision (b)(2) of
7 Section 11-1.40 or paragraph (2) of subsection (b) of
8 Section 12-14.1 of the Criminal Code of 1961 or the
9 Criminal Code of 2012, the sentence shall be a term of
10 natural life imprisonment.
11 (b) (Blank).
12 (c) (Blank).
13 (d) Subject to earlier termination under Section 3-3-8, the
14parole or mandatory supervised release term shall be written as
15part of the sentencing order and shall be as follows:
16 (1) for first degree murder or a Class X felony except
17 for the offenses of predatory criminal sexual assault of a
18 child, aggravated criminal sexual assault, and criminal
19 sexual assault if committed on or after the effective date
20 of this amendatory Act of the 94th General Assembly and
21 except for the offense of aggravated child pornography
22 under Section 11-20.1B, 11-20.3, or 11-20.1 with
23 sentencing under subsection (c-5) of Section 11-20.1 of the
24 Criminal Code of 1961 or the Criminal Code of 2012, if
25 committed on or after January 1, 2009, 3 years;
26 (1.5) for a Class X felony except for the offenses of

10000SB1722sam001- 144 -LRB100 11347 RLC 23026 a
1 predatory criminal sexual assault of a child, aggravated
2 criminal sexual assault, and criminal sexual assault if
3 committed on or after December 13, 2005 (the effective date
4 of Public Act 94-715) and except for the offense of
5 aggravated child pornography under Section 11-20.1B,
6 11-20.3, or 11-20.1 with sentencing under subsection (c-5)
7 of Section 11-20.1 of the Criminal Code of 1961 or the
8 Criminal Code of 2012, if committed on or after January 1,
9 2009, 18 months;
10 (2) for a Class 1 felony or a Class 2 felony except for
11 the offense of criminal sexual assault if committed on or
12 after December 13, 2005 (the effective date of Public Act
13 94-715) this amendatory Act of the 94th General Assembly
14 and except for the offenses of manufacture and
15 dissemination of child pornography under clauses (a)(1)
16 and (a)(2) of Section 11-20.1 of the Criminal Code of 1961
17 or the Criminal Code of 2012, if committed on or after
18 January 1, 2009, 18 months; 2 years;
19 (3) for a Class 3 felony or a Class 4 felony, 1 year;
20 (4) for defendants who commit the offense of predatory
21 criminal sexual assault of a child, aggravated criminal
22 sexual assault, or criminal sexual assault, on or after
23 December 13, 2005 (the effective date of Public Act 94-715)
24 this amendatory Act of the 94th General Assembly, or who
25 commit the offense of aggravated child pornography under
26 Section 11-20.1B, 11-20.3, or 11-20.1 with sentencing

10000SB1722sam001- 145 -LRB100 11347 RLC 23026 a
1 under subsection (c-5) of Section 11-20.1 of the Criminal
2 Code of 1961 or the Criminal Code of 2012, manufacture of
3 child pornography, or dissemination of child pornography
4 after January 1, 2009, the term of mandatory supervised
5 release shall range from a minimum of 3 years to a maximum
6 of the natural life of the defendant;
7 (5) if the victim is under 18 years of age, for a
8 second or subsequent offense of aggravated criminal sexual
9 abuse or felony criminal sexual abuse, 4 years, at least
10 the first 2 years of which the defendant shall serve in an
11 electronic home detention program under Article 8A of
12 Chapter V of this Code;
13 (6) for a felony domestic battery, aggravated domestic
14 battery, stalking, aggravated stalking, and a felony
15 violation of an order of protection, 4 years.
16 (e) (Blank).
17 (f) (Blank).
18(Source: P.A. 99-69, eff. 1-1-16; 99-875, eff. 1-1-17.)
19 (730 ILCS 5/5-8-8)
20 (Section scheduled to be repealed on December 31, 2020)
21 Sec. 5-8-8. Illinois Sentencing Policy Advisory Council.
22 (a) Creation. There is created under the jurisdiction of
23the Governor the Illinois Sentencing Policy Advisory Council,
24hereinafter referred to as the Council.
25 (b) Purposes and goals. The purpose of the Council is to

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1review sentencing policies and practices and examine how these
2policies and practices impact the criminal justice system as a
3whole in the State of Illinois. In carrying out its duties, the
4Council shall be mindful of and aim to achieve the purposes of
5sentencing in Illinois, which are set out in Section 1-1-2 of
6this Code:
7 (1) prescribe sanctions proportionate to the
8 seriousness of the offenses and permit the recognition of
9 differences in rehabilitation possibilities among
10 individual offenders;
11 (2) forbid and prevent the commission of offenses;
12 (3) prevent arbitrary or oppressive treatment of
13 persons adjudicated offenders or delinquents; and
14 (4) restore offenders to useful citizenship.
15 (c) Council composition.
16 (1) The Council shall consist of the following members:
17 (A) the President of the Senate, or his or her
18 designee;
19 (B) the Minority Leader of the Senate, or his or
20 her designee;
21 (C) the Speaker of the House, or his or her
22 designee;
23 (D) the Minority Leader of the House, or his or her
24 designee;
25 (E) the Governor, or his or her designee;
26 (F) the Attorney General, or his or her designee;

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1 (G) two retired judges, who may have been circuit,
2 appellate, or supreme court judges; retired judges
3 shall be selected by the members of the Council
4 designated in clauses (c)(1)(A) through (L);
5 (G-5) (blank);
6 (H) the Cook County State's Attorney, or his or her
7 designee;
8 (I) the Cook County Public Defender, or his or her
9 designee;
10 (J) a State's Attorney not from Cook County,
11 appointed by the State's Attorney's Appellate
12 Prosecutor;
13 (K) the State Appellate Defender, or his or her
14 designee;
15 (L) the Director of the Administrative Office of
16 the Illinois Courts, or his or her designee;
17 (M) a victim of a violent felony or a
18 representative of a crime victims' organization,
19 selected by the members of the Council designated in
20 clauses (c)(1)(A) through (L);
21 (N) a representative of a community-based
22 organization, selected by the members of the Council
23 designated in clauses (c)(1)(A) through (L);
24 (O) a criminal justice academic researcher, to be
25 selected by the members of the Council designated in
26 clauses (c)(1)(A) through (L);

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1 (P) a representative of law enforcement from a unit
2 of local government to be selected by the members of
3 the Council designated in clauses (c)(1)(A) through
4 (L);
5 (Q) a sheriff selected by the members of the
6 Council designated in clauses (c)(1)(A) through (L);
7 and
8 (R) ex-officio members shall include:
9 (i) the Director of Corrections, or his or her
10 designee;
11 (ii) the Chair of the Prisoner Review Board, or
12 his or her designee;
13 (iii) the Director of the Illinois State
14 Police, or his or her designee; and
15 (iv) the Director of the Illinois Criminal
16 Justice Information Authority, or his or her
17 designee.
18 (1.5) The Chair and Vice Chair shall be elected from
19 among its members by a majority of the members of the
20 Council.
21 (2) Members of the Council who serve because of their
22 public office or position, or those who are designated as
23 members by such officials, shall serve only as long as they
24 hold such office or position.
25 (3) Council members shall serve without compensation
26 but shall be reimbursed for travel and per diem expenses

10000SB1722sam001- 149 -LRB100 11347 RLC 23026 a
1 incurred in their work for the Council.
2 (4) The Council may exercise any power, perform any
3 function, take any action, or do anything in furtherance of
4 its purposes and goals upon the appointment of a quorum of
5 its members. The term of office of each member of the
6 Council ends on the date of repeal of this amendatory Act
7 of the 96th General Assembly.
8 (d) Duties. The Council shall perform, as resources permit,
9duties including:
10 (1) Collect and analyze information including
11 sentencing data, crime trends, and existing correctional
12 resources to support legislative and executive action
13 affecting the use of correctional resources on the State
14 and local levels.
15 (2) Prepare criminal justice population projections
16 annually, including correctional and community-based
17 supervision populations.
18 (3) Analyze data relevant to proposed sentencing
19 legislation and its effect on current policies or
20 practices, and provide information to support
21 evidence-based sentencing.
22 (4) Ensure that adequate resources and facilities are
23 available for carrying out sentences imposed on offenders
24 and that rational priorities are established for the use of
25 those resources. To do so, the Council shall prepare
26 criminal justice resource statements, identifying the

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1 fiscal and practical effects of proposed criminal
2 sentencing legislation, including, but not limited to, the
3 correctional population, court processes, and county or
4 local government resources.
5 (4.5) Study and conduct a thorough analysis of
6 sentencing under Section 5-4.5-110 of this Code. The
7 Sentencing Policy Advisory Council shall provide annual
8 reports to the Governor and General Assembly, including the
9 total number of persons sentenced under Section 5-4.5-110
10 of this Code, the total number of departures from sentences
11 under Section 5-4.5-110 of this Code, and an analysis of
12 trends in sentencing and departures. On or before December
13 31, 2022, the Sentencing Policy Advisory Council shall
14 provide a report to the Governor and General Assembly on
15 the effectiveness of sentencing under Section 5-4.5-110 of
16 this Code, including recommendations on whether sentencing
17 under Section 5-4.5-110 of this Code should be adjusted or
18 continued.
19 (5) Perform such other studies or tasks pertaining to
20 sentencing policies as may be requested by the Governor or
21 the Illinois General Assembly.
22 (6) Perform such other functions as may be required by
23 law or as are necessary to carry out the purposes and goals
24 of the Council prescribed in subsection (b).
25 (7) Publish a report on the trends in sentencing for
26 offenders described in subsection (b-1) of Section 5-4-1 of

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1 this Code, the impact of the trends on the prison and
2 probation populations, and any changes in the racial
3 composition of the prison and probation populations that
4 can be attributed to the changes made by adding subsection
5 (b-1) of Section 5-4-1 to this Code by Public Act 99-861
6 this amendatory Act of the 99th General Assembly.
7 (e) Authority.
8 (1) The Council shall have the power to perform the
9 functions necessary to carry out its duties, purposes and
10 goals under this Act. In so doing, the Council shall
11 utilize information and analysis developed by the Illinois
12 Criminal Justice Information Authority, the Administrative
13 Office of the Illinois Courts, and the Illinois Department
14 of Corrections.
15 (2) Upon request from the Council, each executive
16 agency and department of State and local government shall
17 provide information and records to the Council in the
18 execution of its duties.
19 (f) Report. The Council shall report in writing annually to
20the General Assembly, the Illinois Supreme Court, and the
21Governor.
22 (g) This Section is repealed on December 31, 2020.
23(Source: P.A. 98-65, eff. 7-15-13; 99-101, eff. 7-22-15;
2499-533, eff. 7-8-16; 99-861, eff. 1-1-17; revised 9-6-16.)".