102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB4190

Introduced , by Rep. Dan Caulkins

SYNOPSIS AS INTRODUCED:
See Index

Creates the Firearm Crime Charging and Sentencing Accountability and Transparency Act. Provides that in a criminal case, if a defendant is charged with an offense involving the illegal use or possession of a firearm and subsequently enters into a plea agreement in which in the charge will be reduced to a lesser offense or a non-weapons offense in exchange for a plea of guilty, at or before the time of sentencing, the State's Attorney shall file with the court a written statement of his or her reasons in support of the plea agreement, which shall specifically state why the offense or offenses of conviction resulting from the plea agreement do not include the originally charged weapons offense. Provides that in a criminal case in which the original charge is or was for an offense involving the illegal use or possession of a firearm, if a defendant pleads guilty or is found guilty of the original charge or lesser offense or a non-weapons offense, in imposing sentence, the judge shall set forth in a written sentencing order his or her reasons for imposing the sentence or accepting the plea agreement. Amends the Juvenile Court Act of 1987. Provides for adult prosecution of a minor who was at least 16 years of age at the time of the offense who is charged with armed robbery or aggravated vehicular hijacking while armed with a firearm. Amends the Criminal Code of 2012 to provide for enhanced penalties for committing various offenses with a firearm. Makes other changes concerning criminal procedure and law enforcement. Amends various other Acts to make conforming changes. Effective immediately as to specified provisions.
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CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY
FISCAL NOTE ACT MAY APPLY

A BILL FOR

HB4190LRB102 21018 RLC 30103 b
1 AN ACT concerning criminal law.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 1. Short title. This Act may be cited as the
5Firearm Crime Charging and Sentencing Accountability and
6Transparency Act.
7 Section 5. Plea agreement; State's Attorney. In a criminal
8case, if a defendant is charged with an offense involving the
9illegal use or possession of a firearm and subsequently enters
10into a plea agreement in which in the charge will be reduced to
11a lesser offense or a non-weapons offense in exchange for a
12plea of guilty, at or before the time of sentencing, the
13State's Attorney shall file with the court a written statement
14of his or her reasons in support of the plea agreement, which
15shall specifically state why the offense or offenses of
16conviction resulting from the plea agreement do not include
17the originally charged weapons offense. The written statement
18shall be part of the court record in the case and a copy shall
19be provided to any person upon request.
20 Section 10. Sentencing; judge. In a criminal case in which
21the original charge is or was for an offense involving the
22illegal use or possession of a firearm, if a defendant pleads

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1guilty or is found guilty of the original charge or lesser
2offense or a non-weapons offense, in imposing sentence, the
3judge shall set forth in a written sentencing order his or her
4reasons for imposing the sentence or accepting the plea
5agreement. A copy of the written sentencing order shall be
6provided to any person upon request.
7 Section 90. The Illinois Criminal Justice Information Act
8is amended by adding Section 7.10 as follows:
9 (20 ILCS 3930/7.10 new)
10 Sec. 7.10. Crimes concerning the use of a firearm.
11 (a) The Authority shall perform an analysis of criminal
12justice data to track crimes concerning the use of a firearm as
13it relates to those criminal acts committed by a convicted
14felon and the sentences imposed. The analysis shall track
15crimes concerning the use of a firearm over the past 5 years
16prior to the effective date of this amendatory Act of the 102nd
17General Assembly. The Authority shall report, on or before
18January 1, 2024, the following information in a report to the
19General Assembly:
20 (1) the number of the people who were arrested for a
21 firearm crime and how many of those people were convicted
22 felons; and
23 (2) the disposition of those cases.
24 (b) This Section is repealed January 1, 2025.

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1 Section 95. The Illinois Police Training Act is amended
2by changing Section 10.22 as follows:
3 (50 ILCS 705/10.22)
4 (Text of Section before amendment by P.A. 101-652)
5 Sec. 10.22. School resource officers.
6 (a) The Board shall develop or approve a course for school
7resource officers as defined in Section 10-20.68 of the School
8Code.
9 (b) The school resource officer course shall be developed
10within one year after January 1, 2019 (the effective date of
11Public Act 100-984) and shall be created in consultation with
12organizations demonstrating expertise and or experience in the
13areas of youth and adolescent developmental issues,
14educational administrative issues, prevention of child abuse
15and exploitation, youth mental health treatment, and juvenile
16advocacy.
17 (c) The Board shall develop a process allowing law
18enforcement agencies to request a waiver of this training
19requirement for any specific individual assigned as a school
20resource officer. Applications for these waivers may be
21submitted by a local law enforcement agency chief
22administrator for any officer whose prior training and
23experience may qualify for a waiver of the training
24requirement of this subsection (c). The Board may issue a

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1waiver at its discretion, based solely on the prior training
2and experience of an officer.
3 (d) Upon completion, the employing agency shall be issued
4a certificate attesting to a specific officer's completion of
5the school resource officer training. Additionally, a letter
6of approval shall be issued to the employing agency for any
7officer who is approved for a training waiver under this
8subsection (d).
9 (e) The Board may offer the school resource officer course
10developed under this Section to a qualified retired law
11enforcement officer, as defined under the federal Law
12Enforcement Officers Safety Act of 2004, for the purpose of
13employment at a school or school district and may issue, for
14such purpose, a certificate or waiver in the same manner as
15provided under this Section for any other officer.
16 (f) Notwithstanding any other provision of law to the
17contrary, nothing in this Section prohibits a school resource
18officer or qualified retired law enforcement officer from
19carrying a firearm.
20(Source: P.A. 100-984, eff. 1-1-19; 101-81, eff. 7-12-19.)
21 (Text of Section after amendment by P.A. 101-652)
22 Sec. 10.22. School resource officers.
23 (a) The Board shall develop or approve a course for school
24resource officers as defined in Section 10-20.68 of the School
25Code.

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1 (b) The school resource officer course shall be developed
2within one year after January 1, 2019 (the effective date of
3Public Act 100-984) and shall be created in consultation with
4organizations demonstrating expertise and or experience in the
5areas of youth and adolescent developmental issues,
6educational administrative issues, prevention of child abuse
7and exploitation, youth mental health treatment, and juvenile
8advocacy.
9 (c) The Board shall develop a process allowing law
10enforcement agencies to request a waiver of this training
11requirement for any specific individual assigned as a school
12resource officer. Applications for these waivers may be
13submitted by a local governmental agency chief administrator
14for any officer whose prior training and experience may
15qualify for a waiver of the training requirement of this
16subsection (c). The Board may issue a waiver at its
17discretion, based solely on the prior training and experience
18of an officer.
19 (d) Upon completion, the employing agency shall be issued
20a certificate attesting to a specific officer's completion of
21the school resource officer training. Additionally, a letter
22of approval shall be issued to the employing agency for any
23officer who is approved for a training waiver under this
24subsection (d).
25 (e) The Board may offer the school resource officer course
26developed under this Section to a qualified retired law

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1enforcement officer, as defined under the federal Law
2Enforcement Officers Safety Act of 2004, for the purpose of
3employment at a school or school district and may issue, for
4such purpose, a certificate or waiver in the same manner as
5provided under this Section for any other officer.
6 (f) Notwithstanding any other provision of law to the
7contrary, nothing in this Section prohibits a school resource
8officer or qualified retired law enforcement officer from
9carrying a firearm.
10(Source: P.A. 100-984, eff. 1-1-19; 101-81, eff. 7-12-19;
11101-652, eff. 1-1-22.)
12 Section 100. The School Code is amended by changing
13Section 10-20.68 as follows:
14 (105 ILCS 5/10-20.68)
15 Sec. 10-20.68. School resource officer.
16 (a) In this Section, "school resource officer" means a law
17enforcement officer who has been primarily assigned to a
18school or school district under an agreement with a local law
19enforcement agency.
20 (b) Beginning January 1, 2021, any law enforcement agency
21that provides a school resource officer under this Section
22shall provide to the school district a certificate of
23completion, or approved waiver, issued by the Illinois Law
24Enforcement Training Standards Board under Section 10.22 of

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1the Illinois Police Training Act indicating that the subject
2officer has completed the requisite course of instruction in
3the applicable subject areas within one year of assignment, or
4has prior experience and training which satisfies this
5requirement.
6 (c) In an effort to defray the related costs, any law
7enforcement agency that provides a school resource officer
8should apply for grant funding through the federal Community
9Oriented Policing Services grant program.
10 (d) Beginning January 1, 2023, a school or school district
11may employ a qualified retired law enforcement officer, as
12defined under the federal Law Enforcement Officers Safety Act
13of 2004, who obtains a certificate of completion or approved
14waiver under Section 10.22 of the Illinois Police Training Act
15to carry out the duties of a school resource officer.
16 (e) Notwithstanding any other provision of law to the
17contrary, nothing in this Section prohibits a school resource
18officer or qualified retired law enforcement officer from
19carrying a firearm.
20(Source: P.A. 100-984, eff. 1-1-19; 101-81, eff. 7-12-19.)
21 Section 105. The Juvenile Court Act of 1987 is amended by
22changing Sections 5-130, 5-410, and 5-750 as follows:
23 (705 ILCS 405/5-130)
24 Sec. 5-130. Excluded jurisdiction.

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1 (1)(a) The definition of delinquent minor under Section
25-120 of this Article shall not apply to any minor who at the
3time of an offense was at least 16 years of age and who is
4charged with: (i) first degree murder, (ii) aggravated
5criminal sexual assault, or (iii) aggravated battery with a
6firearm as described in Section 12-4.2 or subdivision (e)(1),
7(e)(2), (e)(3), or (e)(4) of Section 12-3.05 where the minor
8personally discharged a firearm as defined in Section 2-15.5
9of the Criminal Code of 1961 or the Criminal Code of 2012, (iv)
10aggravated vehicular hijacking under paragraph (4), (5), or
11(6) of subsection (a) of Section 18-4 of the Criminal Code of
122012, or (v) armed robbery under paragraph (2), (3), or (4) of
13subsection (a) of Section 18-2 of the Criminal Code of 2012.
14 These charges and all other charges arising out of the
15same incident shall be prosecuted under the criminal laws of
16this State.
17 (b)(i) If before trial or plea an information or
18indictment is filed that does not charge an offense specified
19in paragraph (a) of this subsection (1) the State's Attorney
20may proceed on any lesser charge or charges, but only in
21Juvenile Court under the provisions of this Article. The
22State's Attorney may proceed on a lesser charge if before
23trial the minor defendant knowingly and with advice of counsel
24waives, in writing, his or her right to have the matter proceed
25in Juvenile Court.
26 (ii) If before trial or plea an information or indictment

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1is filed that includes one or more charges specified in
2paragraph (a) of this subsection (1) and additional charges
3that are not specified in that paragraph, all of the charges
4arising out of the same incident shall be prosecuted under the
5Criminal Code of 1961 or the Criminal Code of 2012.
6 (c)(i) If after trial or plea the minor is convicted of any
7offense covered by paragraph (a) of this subsection (1), then,
8in sentencing the minor, the court shall sentence the minor
9under Section 5-4.5-105 of the Unified Code of Corrections.
10 (ii) If after trial or plea the court finds that the minor
11committed an offense not covered by paragraph (a) of this
12subsection (1), that finding shall not invalidate the verdict
13or the prosecution of the minor under the criminal laws of the
14State; however, unless the State requests a hearing for the
15purpose of sentencing the minor under Chapter V of the Unified
16Code of Corrections, the Court must proceed under Sections
175-705 and 5-710 of this Article. To request a hearing, the
18State must file a written motion within 10 days following the
19entry of a finding or the return of a verdict. Reasonable
20notice of the motion shall be given to the minor or his or her
21counsel. If the motion is made by the State, the court shall
22conduct a hearing to determine if the minor should be
23sentenced under Chapter V of the Unified Code of Corrections.
24In making its determination, the court shall consider among
25other matters: (a) whether there is evidence that the offense
26was committed in an aggressive and premeditated manner; (b)

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1the age of the minor; (c) the previous history of the minor;
2(d) whether there are facilities particularly available to the
3Juvenile Court or the Department of Juvenile Justice for the
4treatment and rehabilitation of the minor; (e) whether the
5security of the public requires sentencing under Chapter V of
6the Unified Code of Corrections; and (f) whether the minor
7possessed a deadly weapon when committing the offense. The
8rules of evidence shall be the same as if at trial. If after
9the hearing the court finds that the minor should be sentenced
10under Chapter V of the Unified Code of Corrections, then the
11court shall sentence the minor under Section 5-4.5-105 of the
12Unified Code of Corrections.
13 (2) (Blank).
14 (3) (Blank).
15 (4) (Blank).
16 (5) (Blank).
17 (6) (Blank).
18 (7) The procedures set out in this Article for the
19investigation, arrest and prosecution of juvenile offenders
20shall not apply to minors who are excluded from jurisdiction
21of the Juvenile Court, except that minors under 18 years of age
22shall be kept separate from confined adults.
23 (8) Nothing in this Act prohibits or limits the
24prosecution of any minor for an offense committed on or after
25his or her 18th birthday even though he or she is at the time
26of the offense a ward of the court.

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1 (9) If an original petition for adjudication of wardship
2alleges the commission by a minor 13 years of age or over of an
3act that constitutes a crime under the laws of this State, the
4minor, with the consent of his or her counsel, may, at any time
5before commencement of the adjudicatory hearing, file with the
6court a motion that criminal prosecution be ordered and that
7the petition be dismissed insofar as the act or acts involved
8in the criminal proceedings are concerned. If such a motion is
9filed as herein provided, the court shall enter its order
10accordingly.
11 (10) If, prior to August 12, 2005 (the effective date of
12Public Act 94-574), a minor is charged with a violation of
13Section 401 of the Illinois Controlled Substances Act under
14the criminal laws of this State, other than a minor charged
15with a Class X felony violation of the Illinois Controlled
16Substances Act or the Methamphetamine Control and Community
17Protection Act, any party including the minor or the court sua
18sponte may, before trial, move for a hearing for the purpose of
19trying and sentencing the minor as a delinquent minor. To
20request a hearing, the party must file a motion prior to trial.
21Reasonable notice of the motion shall be given to all parties.
22On its own motion or upon the filing of a motion by one of the
23parties including the minor, the court shall conduct a hearing
24to determine whether the minor should be tried and sentenced
25as a delinquent minor under this Article. In making its
26determination, the court shall consider among other matters:

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1 (a) The age of the minor;
2 (b) Any previous delinquent or criminal history of the
3 minor;
4 (c) Any previous abuse or neglect history of the
5 minor;
6 (d) Any mental health or educational history of the
7 minor, or both; and
8 (e) Whether there is probable cause to support the
9 charge, whether the minor is charged through
10 accountability, and whether there is evidence the minor
11 possessed a deadly weapon or caused serious bodily harm
12 during the offense.
13 Any material that is relevant and reliable shall be
14admissible at the hearing. In all cases, the judge shall enter
15an order permitting prosecution under the criminal laws of
16Illinois unless the judge makes a finding based on a
17preponderance of the evidence that the minor would be amenable
18to the care, treatment, and training programs available
19through the facilities of the juvenile court based on an
20evaluation of the factors listed in this subsection (10).
21 (11) The changes made to this Section by Public Act 98-61
22apply to a minor who has been arrested or taken into custody on
23or after January 1, 2014 (the effective date of Public Act
2498-61).
25(Source: P.A. 98-61, eff. 1-1-14; 98-756, eff. 7-16-14;
2699-258, eff. 1-1-16.)

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1 (705 ILCS 405/5-410)
2 Sec. 5-410. Non-secure custody or detention.
3 (1) Any minor arrested or taken into custody pursuant to
4this Act who requires care away from his or her home but who
5does not require physical restriction shall be given temporary
6care in a foster family home or other shelter facility
7designated by the court.
8 (2) (a) Any minor 10 years of age or older arrested
9pursuant to this Act where there is probable cause to believe
10that the minor is a delinquent minor and that (i) secure
11custody is a matter of immediate and urgent necessity for the
12protection of the minor or of the person or property of
13another, (ii) the minor is likely to flee the jurisdiction of
14the court, or (iii) the minor was taken into custody under a
15warrant, may be kept or detained in an authorized detention
16facility. A minor under 13 years of age shall not be admitted,
17kept, or detained in a detention facility unless a local youth
18service provider, including a provider through the
19Comprehensive Community Based Youth Services network, has been
20contacted and has not been able to accept the minor. No minor
21under 12 years of age shall be detained in a county jail or a
22municipal lockup for more than 6 hours.
23 (a-5) For a minor arrested or taken into custody for
24vehicular hijacking or aggravated vehicular hijacking, a
25previous finding of delinquency for vehicular hijacking or

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1aggravated vehicular hijacking shall be given greater weight
2in determining whether secured custody of a minor is a matter
3of immediate and urgent necessity for the protection of the
4minor or of the person or property of another.
5 (b) The written authorization of the probation officer or
6detention officer (or other public officer designated by the
7court in a county having 3,000,000 or more inhabitants)
8constitutes authority for the superintendent of any juvenile
9detention home to detain and keep a minor for up to 40 hours,
10excluding Saturdays, Sundays, and court-designated holidays.
11These records shall be available to the same persons and
12pursuant to the same conditions as are law enforcement records
13as provided in Section 5-905.
14 (b-4) The consultation required by paragraph (b-5) shall
15not be applicable if the probation officer or detention
16officer (or other public officer designated by the court in a
17county having 3,000,000 or more inhabitants) utilizes a
18scorable detention screening instrument, which has been
19developed with input by the State's Attorney, to determine
20whether a minor should be detained, however, paragraph (b-5)
21shall still be applicable where no such screening instrument
22is used or where the probation officer, detention officer (or
23other public officer designated by the court in a county
24having 3,000,000 or more inhabitants) deviates from the
25screening instrument.
26 (b-5) Subject to the provisions of paragraph (b-4), if a

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1probation officer or detention officer (or other public
2officer designated by the court in a county having 3,000,000
3or more inhabitants) does not intend to detain a minor for an
4offense which constitutes one of the following offenses he or
5she shall consult with the State's Attorney's Office prior to
6the release of the minor: first degree murder, second degree
7murder, involuntary manslaughter, criminal sexual assault,
8aggravated criminal sexual assault, aggravated battery with a
9firearm as described in Section 12-4.2 or subdivision (e)(1),
10(e)(2), (e)(3), or (e)(4) of Section 12-3.05, aggravated or
11heinous battery involving permanent disability or
12disfigurement or great bodily harm, robbery, aggravated
13robbery, armed robbery, vehicular hijacking, aggravated
14vehicular hijacking, vehicular invasion, arson, aggravated
15arson, kidnapping, aggravated kidnapping, home invasion,
16burglary, or residential burglary. Any minor 10 years of age
17or older arrested or taken into custody under this Act for
18vehicular hijacking or aggravated vehicular hijacking shall be
19detained in an authorized detention facility until a detention
20or shelter care hearing is held to determine if there is
21probable cause to believe that the minor is a delinquent minor
22and that: (1) secure custody is a matter of immediate and
23urgent necessity for the protection of the minor or of the
24person or property of another; (2) the minor is likely to flee
25the jurisdiction of the court; or (3) the minor was taken into
26custody under a warrant. If the court makes that

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1determination, the minor shall continue to be held until the
2disposition of an adjudicatory hearing under this Article.
3 (c) Except as otherwise provided in paragraph (a), (d), or
4(e), no minor shall be detained in a county jail or municipal
5lockup for more than 12 hours, unless the offense is a crime of
6violence in which case the minor may be detained up to 24
7hours. For the purpose of this paragraph, "crime of violence"
8has the meaning ascribed to it in Section 1-10 of the
9Alcoholism and Other Drug Abuse and Dependency Act.
10 (i) The period of detention is deemed to have begun
11 once the minor has been placed in a locked room or cell or
12 handcuffed to a stationary object in a building housing a
13 county jail or municipal lockup. Time spent transporting a
14 minor is not considered to be time in detention or secure
15 custody.
16 (ii) Any minor so confined shall be under periodic
17 supervision and shall not be permitted to come into or
18 remain in contact with adults in custody in the building.
19 (iii) Upon placement in secure custody in a jail or
20 lockup, the minor shall be informed of the purpose of the
21 detention, the time it is expected to last and the fact
22 that it cannot exceed the time specified under this Act.
23 (iv) A log shall be kept which shows the offense which
24 is the basis for the detention, the reasons and
25 circumstances for the decision to detain, and the length
26 of time the minor was in detention.

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1 (v) Violation of the time limit on detention in a
2 county jail or municipal lockup shall not, in and of
3 itself, render inadmissible evidence obtained as a result
4 of the violation of this time limit. Minors under 18 years
5 of age shall be kept separate from confined adults and may
6 not at any time be kept in the same cell, room, or yard
7 with adults confined pursuant to criminal law. Persons 18
8 years of age and older who have a petition of delinquency
9 filed against them may be confined in an adult detention
10 facility. In making a determination whether to confine a
11 person 18 years of age or older who has a petition of
12 delinquency filed against the person, these factors, among
13 other matters, shall be considered:
14 (A) the age of the person;
15 (B) any previous delinquent or criminal history of
16 the person;
17 (C) any previous abuse or neglect history of the
18 person; and
19 (D) any mental health or educational history of
20 the person, or both.
21 (d) (i) If a minor 12 years of age or older is confined in
22a county jail in a county with a population below 3,000,000
23inhabitants, then the minor's confinement shall be implemented
24in such a manner that there will be no contact by sight, sound,
25or otherwise between the minor and adult prisoners. Minors 12
26years of age or older must be kept separate from confined

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1adults and may not at any time be kept in the same cell, room,
2or yard with confined adults. This paragraph (d)(i) shall only
3apply to confinement pending an adjudicatory hearing and shall
4not exceed 40 hours, excluding Saturdays, Sundays, and
5court-designated holidays. To accept or hold minors during
6this time period, county jails shall comply with all
7monitoring standards adopted by the Department of Corrections
8and training standards approved by the Illinois Law
9Enforcement Training Standards Board.
10 (ii) To accept or hold minors, 12 years of age or older,
11after the time period prescribed in paragraph (d)(i) of this
12subsection (2) of this Section but not exceeding 7 days
13including Saturdays, Sundays, and holidays pending an
14adjudicatory hearing, county jails shall comply with all
15temporary detention standards adopted by the Department of
16Corrections and training standards approved by the Illinois
17Law Enforcement Training Standards Board.
18 (iii) To accept or hold minors 12 years of age or older,
19after the time period prescribed in paragraphs (d)(i) and
20(d)(ii) of this subsection (2) of this Section, county jails
21shall comply with all county juvenile detention standards
22adopted by the Department of Juvenile Justice.
23 (e) When a minor who is at least 15 years of age is
24prosecuted under the criminal laws of this State, the court
25may enter an order directing that the juvenile be confined in
26the county jail. However, any juvenile confined in the county

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1jail under this provision shall be separated from adults who
2are confined in the county jail in such a manner that there
3will be no contact by sight, sound or otherwise between the
4juvenile and adult prisoners.
5 (f) For purposes of appearing in a physical lineup, the
6minor may be taken to a county jail or municipal lockup under
7the direct and constant supervision of a juvenile police
8officer. During such time as is necessary to conduct a lineup,
9and while supervised by a juvenile police officer, the sight
10and sound separation provisions shall not apply.
11 (g) For purposes of processing a minor, the minor may be
12taken to a county jail or municipal lockup under the direct and
13constant supervision of a law enforcement officer or
14correctional officer. During such time as is necessary to
15process the minor, and while supervised by a law enforcement
16officer or correctional officer, the sight and sound
17separation provisions shall not apply.
18 (3) If the probation officer or State's Attorney (or such
19other public officer designated by the court in a county
20having 3,000,000 or more inhabitants) determines that the
21minor may be a delinquent minor as described in subsection (3)
22of Section 5-105, and should be retained in custody but does
23not require physical restriction, the minor may be placed in
24non-secure custody for up to 40 hours pending a detention
25hearing.
26 (4) Any minor taken into temporary custody, not requiring

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1secure detention, may, however, be detained in the home of his
2or her parent or guardian subject to such conditions as the
3court may impose.
4 (5) The changes made to this Section by Public Act 98-61
5apply to a minor who has been arrested or taken into custody on
6or after January 1, 2014 (the effective date of Public Act
798-61).
8(Source: P.A. 100-745, eff. 8-10-18; 101-81, eff. 7-12-19.)
9 (705 ILCS 405/5-750)
10 Sec. 5-750. Commitment to the Department of Juvenile
11Justice.
12 (1) Except as provided in subsection (2) of this Section,
13when any delinquent has been adjudged a ward of the court under
14this Act, the court may commit him or her to the Department of
15Juvenile Justice, if it finds that (a) his or her parents,
16guardian or legal custodian are unfit or are unable, for some
17reason other than financial circumstances alone, to care for,
18protect, train or discipline the minor, or are unwilling to do
19so, and the best interests of the minor and the public will not
20be served by placement under Section 5-740, or it is necessary
21to ensure the protection of the public from the consequences
22of criminal activity of the delinquent; and (b) commitment to
23the Department of Juvenile Justice is the least restrictive
24alternative based on evidence that efforts were made to locate
25less restrictive alternatives to secure confinement and the

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1reasons why efforts were unsuccessful in locating a less
2restrictive alternative to secure confinement. Before the
3court commits a minor to the Department of Juvenile Justice,
4it shall make a finding that secure confinement is necessary,
5following a review of the following individualized factors:
6 (A) Age of the minor.
7 (B) Criminal background of the minor.
8 (C) Review of results of any assessments of the minor,
9 including child centered assessments such as the CANS.
10 (D) Educational background of the minor, indicating
11 whether the minor has ever been assessed for a learning
12 disability, and if so what services were provided as well
13 as any disciplinary incidents at school.
14 (E) Physical, mental and emotional health of the
15 minor, indicating whether the minor has ever been
16 diagnosed with a health issue and if so what services were
17 provided and whether the minor was compliant with
18 services.
19 (F) Community based services that have been provided
20 to the minor, and whether the minor was compliant with the
21 services, and the reason the services were unsuccessful.
22 (G) Services within the Department of Juvenile Justice
23 that will meet the individualized needs of the minor.
24 (1.5) Before the court commits a minor to the Department
25of Juvenile Justice, the court must find reasonable efforts
26have been made to prevent or eliminate the need for the minor

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1to be removed from the home, or reasonable efforts cannot, at
2this time, for good cause, prevent or eliminate the need for
3removal, and removal from home is in the best interests of the
4minor, the minor's family, and the public.
5 (2) When a minor of the age of at least 13 years is
6adjudged delinquent for the offense of: (i) first degree
7murder; (ii) attempted first degree murder; or (iii) any
8offense involving the use or discharge of a firearm upon
9school grounds or any part of a building or grounds used for
10school purposes, including any conveyance owned, leased, or
11contracted by a school to transport students to or from school
12or a school related activity that results in bodily injury or
13death to any person, the court shall declare the minor a ward
14of the court and order the minor committed to the Department of
15Juvenile Justice until the minor's 21st birthday, without the
16possibility of aftercare release, furlough, or non-emergency
17authorized absence for a period of 5 years from the date the
18minor was committed to the Department of Juvenile Justice,
19except that the time that a minor spent in custody for the
20instant offense before being committed to the Department of
21Juvenile Justice shall be considered as time credited towards
22that 5 year period. Upon release from a Department facility, a
23minor adjudged delinquent for first degree murder shall be
24placed on aftercare release until the age of 21, unless sooner
25discharged from aftercare release or custodianship is
26otherwise terminated in accordance with this Act or as

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1otherwise provided for by law. Nothing in this subsection (2)
2shall preclude the State's Attorney from seeking to prosecute
3a minor as an adult as an alternative to proceeding under this
4Act.
5 (3) Except as provided in subsection (2), the commitment
6of a delinquent to the Department of Juvenile Justice shall be
7for an indeterminate term which shall automatically terminate
8upon the delinquent attaining the age of 21 years or upon
9completion of that period for which an adult could be
10committed for the same act, whichever occurs sooner, unless
11the delinquent is sooner discharged from aftercare release or
12custodianship is otherwise terminated in accordance with this
13Act or as otherwise provided for by law.
14 (3.5) Every delinquent minor committed to the Department
15of Juvenile Justice under this Act shall be eligible for
16aftercare release without regard to the length of time the
17minor has been confined or whether the minor has served any
18minimum term imposed. Aftercare release shall be administered
19by the Department of Juvenile Justice, under the direction of
20the Director. Unless sooner discharged, the Department of
21Juvenile Justice shall discharge a minor from aftercare
22release upon completion of the following aftercare release
23terms:
24 (a) One and a half years from the date a minor is
25 released from a Department facility, if the minor was
26 committed for a Class X felony;

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1 (b) One year from the date a minor is released from a
2 Department facility, if the minor was committed for a
3 Class 1 or 2 felony; and
4 (c) Six months from the date a minor is released from a
5 Department facility, if the minor was committed for a
6 Class 3 felony or lesser offense.
7 (4) When the court commits a minor to the Department of
8Juvenile Justice, it shall order him or her conveyed forthwith
9to the appropriate reception station or other place designated
10by the Department of Juvenile Justice, and shall appoint the
11Director of Juvenile Justice legal custodian of the minor. The
12clerk of the court shall issue to the Director of Juvenile
13Justice a certified copy of the order, which constitutes proof
14of the Director's authority. No other process need issue to
15warrant the keeping of the minor.
16 (5) If a minor is committed to the Department of Juvenile
17Justice, the clerk of the court shall forward to the
18Department:
19 (a) the sentencing order and copies of committing
20 petition;
21 (b) all reports;
22 (c) the court's statement of the basis for ordering
23 the disposition;
24 (d) any sex offender evaluations;
25 (e) any risk assessment or substance abuse treatment
26 eligibility screening and assessment of the minor by an

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1 agent designated by the State to provide assessment
2 services for the courts;
3 (f) the number of days, if any, which the minor has
4 been in custody and for which he or she is entitled to
5 credit against the sentence, which information shall be
6 provided to the clerk by the sheriff;
7 (g) any medical or mental health records or summaries
8 of the minor;
9 (h) the municipality where the arrest of the minor
10 occurred, the commission of the offense occurred, and the
11 minor resided at the time of commission;
12 (h-5) a report detailing the minor's criminal history
13 in a manner and form prescribed by the Department of
14 Juvenile Justice;
15 (i) all additional matters which the court directs the
16 clerk to transmit; and
17 (j) all police reports for sex offenses as defined by
18 the Sex Offender Management Board Act.
19 (6) Whenever the Department of Juvenile Justice lawfully
20discharges from its custody and control a minor committed to
21it, the Director of Juvenile Justice shall petition the court
22for an order terminating his or her custodianship. The
23custodianship shall terminate automatically 30 days after
24receipt of the petition unless the court orders otherwise.
25 (7) If, while on aftercare release, a minor committed to
26the Department of Juvenile Justice who resides in this State

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1is charged under the criminal laws of this State, the criminal
2laws of any other state, or federal law with an offense that
3could result in a sentence of imprisonment within the
4Department of Corrections, the penal system of any state, or
5the federal Bureau of Prisons, the commitment to the
6Department of Juvenile Justice and all rights and duties
7created by that commitment are automatically suspended pending
8final disposition of the criminal charge. If the minor is
9found guilty of the criminal charge and sentenced to a term of
10imprisonment in the penitentiary system of the Department of
11Corrections, the penal system of any state, or the federal
12Bureau of Prisons, the commitment to the Department of
13Juvenile Justice shall be automatically terminated. If the
14criminal charge is dismissed, the minor is found not guilty,
15or the minor completes a criminal sentence other than
16imprisonment within the Department of Corrections, the penal
17system of any state, or the federal Bureau of Prisons, the
18previously imposed commitment to the Department of Juvenile
19Justice and the full aftercare release term shall be
20automatically reinstated unless custodianship is sooner
21terminated. Nothing in this subsection (7) shall preclude the
22court from ordering another sentence under Section 5-710 of
23this Act or from terminating the Department's custodianship
24while the commitment to the Department is suspended.
25(Source: P.A. 101-159, eff. 1-1-20; 102-350, eff. 8-13-21.)

HB4190- 27 -LRB102 21018 RLC 30103 b
1 Section 110. The Criminal Code of 2012 is amended by
2changing Sections 18-4, 24-1.1, 24-1.2, 24-1.7, 24-3, and
324-3.7 as follows:
4 (720 ILCS 5/18-4)
5 Sec. 18-4. Aggravated vehicular hijacking.
6 (a) A person commits aggravated vehicular hijacking when
7he or she violates Section 18-3; and
8 (1) the person from whose immediate presence the motor
9 vehicle is taken is a person with a physical disability or
10 a person 60 years of age or over; or
11 (2) a person under 16 years of age is a passenger in
12 the motor vehicle at the time of the offense; or
13 (3) he or she carries on or about his or her person, or
14 is otherwise armed with a dangerous weapon, other than a
15 firearm; or
16 (4) he or she carries on or about his or her person or
17 is otherwise armed with a firearm; or
18 (5) he or she, during the commission of the offense,
19 personally discharges a firearm; or
20 (6) he or she, during the commission of the offense,
21 personally discharges a firearm that proximately causes
22 great bodily harm, permanent disability, permanent
23 disfigurement, or death to another person.
24 (b) Sentence. Aggravated vehicular hijacking is a Class X
25felony for a first offense for which a term of imprisonment of

HB4190- 28 -LRB102 21018 RLC 30103 b
1not less than 10 years and not more than 60 years shall be
2imposed. A second or subsequent offense is a Class X felony for
3which a term of natural life imprisonment shall be imposed in
4violation of subsections (a)(1) or (a)(2) is a Class X felony.
5A violation of subsection (a)(3) is a Class X felony for which
6a term of imprisonment of not less than 7 years shall be
7imposed. A violation of subsection (a)(4) is a Class X felony
8for which 15 years shall be added to the term of imprisonment
9imposed by the court. A violation of subsection (a)(5) is a
10Class X felony for which 20 years shall be added to the term of
11imprisonment imposed by the court. A violation of subsection
12(a)(6) is a Class X felony for which 25 years or up to a term
13of natural life shall be added to the term of imprisonment
14imposed by the court.
15(Source: P.A. 99-143, eff. 7-27-15.)
16 (720 ILCS 5/24-1.1) (from Ch. 38, par. 24-1.1)
17 Sec. 24-1.1. Unlawful use or possession of weapons by
18felons or persons in the custody of the Department of
19Corrections facilities.
20 (a) It is unlawful for a person to knowingly possess on or
21about his person or on his land or in his own abode or fixed
22place of business any weapon prohibited under Section 24-1 of
23this Act or any firearm or any firearm ammunition if the person
24has been convicted of a felony under the laws of this State or
25any other jurisdiction. This Section shall not apply if the

HB4190- 29 -LRB102 21018 RLC 30103 b
1person has been granted relief by the Director of the Illinois
2State Police under Section 10 of the Firearm Owners
3Identification Card Act.
4 (b) It is unlawful for any person confined in a penal
5institution, which is a facility of the Illinois Department of
6Corrections, to possess any weapon prohibited under Section
724-1 of this Code or any firearm or firearm ammunition,
8regardless of the intent with which he possesses it.
9 (c) It shall be an affirmative defense to a violation of
10subsection (b), that such possession was specifically
11authorized by rule, regulation, or directive of the Illinois
12Department of Corrections or order issued pursuant thereto.
13 (d) The defense of necessity is not available to a person
14who is charged with a violation of subsection (b) of this
15Section.
16 (e) Sentence. Violation of this Section is a Class X
17felony for a first offense for which a term of imprisonment of
18not less than 10 years shall be imposed. A second or subsequent
19offense is a Class X felony for which a term of natural life
20imprisonment shall be imposed by a person not confined in a
21penal institution shall be a Class 3 felony for which the
22person shall be sentenced to no less than 2 years and no more
23than 10 years. A second or subsequent violation of this
24Section shall be a Class 2 felony for which the person shall be
25sentenced to a term of imprisonment of not less than 3 years
26and not more than 14 years, except as provided for in Section

HB4190- 30 -LRB102 21018 RLC 30103 b
15-4.5-110 of the Unified Code of Corrections. Violation of
2this Section by a person not confined in a penal institution
3who has been convicted of a forcible felony, a felony
4violation of Article 24 of this Code or of the Firearm Owners
5Identification Card Act, stalking or aggravated stalking, or a
6Class 2 or greater felony under the Illinois Controlled
7Substances Act, the Cannabis Control Act, or the
8Methamphetamine Control and Community Protection Act is a
9Class 2 felony for which the person shall be sentenced to not
10less than 3 years and not more than 14 years, except as
11provided for in Section 5-4.5-110 of the Unified Code of
12Corrections. Violation of this Section by a person who is on
13parole or mandatory supervised release is a Class 2 felony for
14which the person shall be sentenced to not less than 3 years
15and not more than 14 years, except as provided for in Section
165-4.5-110 of the Unified Code of Corrections. Violation of
17this Section by a person not confined in a penal institution is
18a Class X felony when the firearm possessed is a machine gun.
19Any person who violates this Section while confined in a penal
20institution, which is a facility of the Illinois Department of
21Corrections, is guilty of a Class 1 felony, if he possesses any
22weapon prohibited under Section 24-1 of this Code regardless
23of the intent with which he possesses it, a Class X felony if
24he possesses any firearm, firearm ammunition or explosive, and
25a Class X felony for which the offender shall be sentenced to
26not less than 12 years and not more than 50 years when the

HB4190- 31 -LRB102 21018 RLC 30103 b
1firearm possessed is a machine gun. A violation of this
2Section while wearing or in possession of body armor as
3defined in Section 33F-1 is a Class X felony punishable by a
4term of imprisonment of not less than 10 years and not more
5than 40 years. The possession of each firearm or firearm
6ammunition in violation of this Section constitutes a single
7and separate violation.
8(Source: P.A. 102-538, eff. 8-20-21.)
9 (720 ILCS 5/24-1.2) (from Ch. 38, par. 24-1.2)
10 Sec. 24-1.2. Aggravated discharge of a firearm.
11 (a) A person commits aggravated discharge of a firearm
12when he or she knowingly or intentionally:
13 (1) Discharges a firearm at or into a building he or
14 she knows or reasonably should know to be occupied and the
15 firearm is discharged from a place or position outside
16 that building;
17 (2) Discharges a firearm in the direction of another
18 person or in the direction of a vehicle he or she knows or
19 reasonably should know to be occupied by a person;
20 (3) Discharges a firearm in the direction of a person
21 he or she knows to be a peace officer, a community policing
22 volunteer, a correctional institution employee, or a
23 fireman while the officer, volunteer, employee or fireman
24 is engaged in the execution of any of his or her official
25 duties, or to prevent the officer, volunteer, employee or

HB4190- 32 -LRB102 21018 RLC 30103 b
1 fireman from performing his or her official duties, or in
2 retaliation for the officer, volunteer, employee or
3 fireman performing his or her official duties;
4 (4) Discharges a firearm in the direction of a vehicle
5 he or she knows to be occupied by a peace officer, a person
6 summoned or directed by a peace officer, a correctional
7 institution employee or a fireman while the officer,
8 employee or fireman is engaged in the execution of any of
9 his or her official duties, or to prevent the officer,
10 employee or fireman from performing his or her official
11 duties, or in retaliation for the officer, employee or
12 fireman performing his or her official duties;
13 (5) Discharges a firearm in the direction of a person
14 he or she knows to be emergency medical services personnel
15 who is engaged in the execution of any of his or her
16 official duties, or to prevent the emergency medical
17 services personnel from performing his or her official
18 duties, or in retaliation for the emergency medical
19 services personnel performing his or her official duties;
20 (6) Discharges a firearm in the direction of a vehicle
21 he or she knows to be occupied by emergency medical
22 services personnel while the emergency medical services
23 personnel is engaged in the execution of any of his or her
24 official duties, or to prevent the emergency medical
25 services personnel from performing his or her official
26 duties, or in retaliation for the emergency medical

HB4190- 33 -LRB102 21018 RLC 30103 b
1 services personnel performing his or her official duties;
2 (7) Discharges a firearm in the direction of a person
3 he or she knows to be a teacher or other person employed in
4 any school and the teacher or other employee is upon the
5 grounds of a school or grounds adjacent to a school, or is
6 in any part of a building used for school purposes;
7 (8) Discharges a firearm in the direction of a person
8 he or she knows to be an emergency management worker while
9 the emergency management worker is engaged in the
10 execution of any of his or her official duties, or to
11 prevent the emergency management worker from performing
12 his or her official duties, or in retaliation for the
13 emergency management worker performing his or her official
14 duties; or
15 (9) Discharges a firearm in the direction of a vehicle
16 he or she knows to be occupied by an emergency management
17 worker while the emergency management worker is engaged in
18 the execution of any of his or her official duties, or to
19 prevent the emergency management worker from performing
20 his or her official duties, or in retaliation for the
21 emergency management worker performing his or her official
22 duties; .
23 (10) discharges a firearm in the direction of a person
24 he or she knows to be a person under 18 years old;
25 (11) discharges a firearm in the direction of a person
26 he or she knows to be a veteran;

HB4190- 34 -LRB102 21018 RLC 30103 b
1 (12) discharges a firearm in the direction of a person
2 he or she knows to be 60 years of age or older;
3 (13) discharges a firearm in the direction of a person
4 he or she knows to be pregnant or has a physical
5 disability;
6 (14) discharges a firearm in the direction of a person
7 he or she knows to be gathering for worship;
8 (15) discharges a firearm in the direction of a person
9 he or she knows to be boarding or riding public transit;
10 (16) discharges a firearm in the direction of a person
11 he or she knows to be a student at an institution of higher
12 education;
13 (17) discharges a firearm in the direction of a person
14 who is in a public roadway, park, public housing, school,
15 building under the control of the State or a unit of local
16 government, church, hospital, nursing home, or any bus,
17 train, or form of transportation paid for in whole or in
18 part with public funds, or any building, real property, or
19 parking area under the control of a public transportation
20 facility paid for in whole or in part with public funds; or
21 (18) discharges a firearm during the commission or
22 attempted commission of vehicular hijacking.
23 (b) A violation of subsection (a)(1) or subsection (a)(2)
24of this Section is a Class 1 felony. A violation of subsection
25(a)(1) or (a)(2) of this Section committed in a school, on the
26real property comprising a school, within 1,000 feet of the

HB4190- 35 -LRB102 21018 RLC 30103 b
1real property comprising a school, at a school related
2activity or on or within 1,000 feet of any conveyance owned,
3leased, or contracted by a school to transport students to or
4from school or a school related activity, regardless of the
5time of day or time of year that the offense was committed is a
6Class X felony. A violation of subsection (a)(3), (a)(4),
7(a)(5), (a)(6), (a)(7), (a)(8), or (a)(9), (a)(10), (a)(11),
8(a)(12), (a)(13), (a)(14), (a)(15), (a)(16), (a)(17), or
9(a)(18) of this Section is a Class X felony for which the
10sentence shall be a term of imprisonment of no less than 10
11years and not more than 45 years.
12 (c) For purposes of this Section:
13 "Emergency medical services personnel" has the meaning
14specified in Section 3.5 of the Emergency Medical Services
15(EMS) Systems Act and shall include all ambulance crew
16members, including drivers or pilots.
17 "School" means a public or private elementary or secondary
18school, community college, college, or university.
19 "School related activity" means any sporting, social,
20academic, or other activity for which students' attendance or
21participation is sponsored, organized, or funded in whole or
22in part by a school or school district.
23(Source: P.A. 99-816, eff. 8-15-16.)
24 (720 ILCS 5/24-1.7)
25 Sec. 24-1.7. Armed habitual criminal.

HB4190- 36 -LRB102 21018 RLC 30103 b
1 (a) A person commits the offense of being an armed
2habitual criminal if he or she receives, sells, possesses, or
3transfers any firearm after having been convicted a total of 2
4or more times of any combination of the following offenses:
5 (1) a forcible felony as defined in Section 2-8 of
6 this Code;
7 (2) unlawful use of a weapon by a felon; aggravated
8 unlawful use of a weapon; aggravated discharge of a
9 firearm; vehicular hijacking; aggravated vehicular
10 hijacking; aggravated battery of a child as described in
11 Section 12-4.3 or subdivision (b)(1) of Section 12-3.05;
12 intimidation; aggravated intimidation; gunrunning; home
13 invasion; or aggravated battery with a firearm as
14 described in Section 12-4.2 or subdivision (e)(1), (e)(2),
15 (e)(3), or (e)(4) of Section 12-3.05; or
16 (3) any violation of the Illinois Controlled
17 Substances Act or the Cannabis Control Act that is
18 punishable as a Class 3 felony or higher.
19 (b) Sentence. Being an armed habitual criminal is a Class
20X felony for a first offense for which a term of imprisonment
21of not less than 10 years and not more than 30 years shall be
22imposed. A second or subsequent offense is a Class X felony for
23which a term of natural life imprisonment shall be imposed.
24(Source: P.A. 96-1551, eff. 7-1-11.)
25 (720 ILCS 5/24-3) (from Ch. 38, par. 24-3)

HB4190- 37 -LRB102 21018 RLC 30103 b
1 Sec. 24-3. Unlawful sale or delivery of firearms.
2 (A) A person commits the offense of unlawful sale or
3delivery of firearms when he or she knowingly does any of the
4following:
5 (a) Sells or gives any firearm of a size which may be
6 concealed upon the person to any person under 18 years of
7 age.
8 (b) Sells or gives any firearm to a person under 21
9 years of age who has been convicted of a misdemeanor other
10 than a traffic offense or adjudged delinquent.
11 (c) Sells or gives any firearm to any narcotic addict.
12 (d) Sells or gives any firearm to any person who has
13 been convicted of a felony under the laws of this or any
14 other jurisdiction.
15 (e) Sells or gives any firearm to any person who has
16 been a patient in a mental institution within the past 5
17 years. In this subsection (e):
18 "Mental institution" means any hospital,
19 institution, clinic, evaluation facility, mental
20 health center, or part thereof, which is used
21 primarily for the care or treatment of persons with
22 mental illness.
23 "Patient in a mental institution" means the person
24 was admitted, either voluntarily or involuntarily, to
25 a mental institution for mental health treatment,
26 unless the treatment was voluntary and solely for an

HB4190- 38 -LRB102 21018 RLC 30103 b
1 alcohol abuse disorder and no other secondary
2 substance abuse disorder or mental illness.
3 (f) Sells or gives any firearms to any person who is a
4 person with an intellectual disability.
5 (g) Delivers any firearm, incidental to a sale,
6 without withholding delivery of the firearm for at least
7 72 hours after application for its purchase has been made,
8 or delivers a stun gun or taser, incidental to a sale,
9 without withholding delivery of the stun gun or taser for
10 at least 24 hours after application for its purchase has
11 been made. However, this paragraph (g) does not apply to:
12 (1) the sale of a firearm to a law enforcement officer if
13 the seller of the firearm knows that the person to whom he
14 or she is selling the firearm is a law enforcement officer
15 or the sale of a firearm to a person who desires to
16 purchase a firearm for use in promoting the public
17 interest incident to his or her employment as a bank
18 guard, armed truck guard, or other similar employment; (2)
19 a mail order sale of a firearm from a federally licensed
20 firearms dealer to a nonresident of Illinois under which
21 the firearm is mailed to a federally licensed firearms
22 dealer outside the boundaries of Illinois; (3) (blank);
23 (4) the sale of a firearm to a dealer licensed as a federal
24 firearms dealer under Section 923 of the federal Gun
25 Control Act of 1968 (18 U.S.C. 923); or (5) the transfer or
26 sale of any rifle, shotgun, or other long gun to a resident

HB4190- 39 -LRB102 21018 RLC 30103 b
1 registered competitor or attendee or non-resident
2 registered competitor or attendee by any dealer licensed
3 as a federal firearms dealer under Section 923 of the
4 federal Gun Control Act of 1968 at competitive shooting
5 events held at the World Shooting Complex sanctioned by a
6 national governing body. For purposes of transfers or
7 sales under subparagraph (5) of this paragraph (g), the
8 Department of Natural Resources shall give notice to the
9 Department of State Police at least 30 calendar days prior
10 to any competitive shooting events at the World Shooting
11 Complex sanctioned by a national governing body. The
12 notification shall be made on a form prescribed by the
13 Department of State Police. The sanctioning body shall
14 provide a list of all registered competitors and attendees
15 at least 24 hours before the events to the Department of
16 State Police. Any changes to the list of registered
17 competitors and attendees shall be forwarded to the
18 Department of State Police as soon as practicable. The
19 Department of State Police must destroy the list of
20 registered competitors and attendees no later than 30 days
21 after the date of the event. Nothing in this paragraph (g)
22 relieves a federally licensed firearm dealer from the
23 requirements of conducting a NICS background check through
24 the Illinois Point of Contact under 18 U.S.C. 922(t). For
25 purposes of this paragraph (g), "application" means when
26 the buyer and seller reach an agreement to purchase a

HB4190- 40 -LRB102 21018 RLC 30103 b
1 firearm. For purposes of this paragraph (g), "national
2 governing body" means a group of persons who adopt rules
3 and formulate policy on behalf of a national firearm
4 sporting organization.
5 (h) While holding any license as a dealer, importer,
6 manufacturer or pawnbroker under the federal Gun Control
7 Act of 1968, manufactures, sells or delivers to any
8 unlicensed person a handgun having a barrel, slide, frame
9 or receiver which is a die casting of zinc alloy or any
10 other nonhomogeneous metal which will melt or deform at a
11 temperature of less than 800 degrees Fahrenheit. For
12 purposes of this paragraph, (1) "firearm" is defined as in
13 the Firearm Owners Identification Card Act; and (2)
14 "handgun" is defined as a firearm designed to be held and
15 fired by the use of a single hand, and includes a
16 combination of parts from which such a firearm can be
17 assembled.
18 (i) Sells or gives a firearm of any size to any person
19 under 18 years of age who does not possess a valid Firearm
20 Owner's Identification Card.
21 (j) Sells or gives a firearm while engaged in the
22 business of selling firearms at wholesale or retail
23 without being licensed as a federal firearms dealer under
24 Section 923 of the federal Gun Control Act of 1968 (18
25 U.S.C. 923). In this paragraph (j):
26 A person "engaged in the business" means a person who

HB4190- 41 -LRB102 21018 RLC 30103 b
1 devotes time, attention, and labor to engaging in the
2 activity as a regular course of trade or business with the
3 principal objective of livelihood and profit, but does not
4 include a person who makes occasional repairs of firearms
5 or who occasionally fits special barrels, stocks, or
6 trigger mechanisms to firearms.
7 "With the principal objective of livelihood and
8 profit" means that the intent underlying the sale or
9 disposition of firearms is predominantly one of obtaining
10 livelihood and pecuniary gain, as opposed to other
11 intents, such as improving or liquidating a personal
12 firearms collection; however, proof of profit shall not be
13 required as to a person who engages in the regular and
14 repetitive purchase and disposition of firearms for
15 criminal purposes or terrorism.
16 (k) Sells or transfers ownership of a firearm to a
17 person who does not display to the seller or transferor of
18 the firearm either: (1) a currently valid Firearm Owner's
19 Identification Card that has previously been issued in the
20 transferee's name by the Department of State Police under
21 the provisions of the Firearm Owners Identification Card
22 Act; or (2) a currently valid license to carry a concealed
23 firearm that has previously been issued in the
24 transferee's name by the Department of State Police under
25 the Firearm Concealed Carry Act. This paragraph (k) does
26 not apply to the transfer of a firearm to a person who is

HB4190- 42 -LRB102 21018 RLC 30103 b
1 exempt from the requirement of possessing a Firearm
2 Owner's Identification Card under Section 2 of the Firearm
3 Owners Identification Card Act. For the purposes of this
4 Section, a currently valid Firearm Owner's Identification
5 Card means (i) a Firearm Owner's Identification Card that
6 has not expired or (ii) an approval number issued in
7 accordance with subsection (a-10) of subsection 3 or
8 Section 3.1 of the Firearm Owners Identification Card Act
9 shall be proof that the Firearm Owner's Identification
10 Card was valid.
11 (1) In addition to the other requirements of this
12 paragraph (k), all persons who are not federally
13 licensed firearms dealers must also have complied with
14 subsection (a-10) of Section 3 of the Firearm Owners
15 Identification Card Act by determining the validity of
16 a purchaser's Firearm Owner's Identification Card.
17 (2) All sellers or transferors who have complied
18 with the requirements of subparagraph (1) of this
19 paragraph (k) shall not be liable for damages in any
20 civil action arising from the use or misuse by the
21 transferee of the firearm transferred, except for
22 willful or wanton misconduct on the part of the seller
23 or transferor.
24 (l) Not being entitled to the possession of a firearm,
25 delivers the firearm, knowing it to have been stolen or
26 converted. It may be inferred that a person who possesses

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1 a firearm with knowledge that its serial number has been
2 removed or altered has knowledge that the firearm is
3 stolen or converted.
4 (B) Paragraph (h) of subsection (A) does not include
5firearms sold within 6 months after enactment of Public Act
678-355 (approved August 21, 1973, effective October 1, 1973),
7nor is any firearm legally owned or possessed by any citizen or
8purchased by any citizen within 6 months after the enactment
9of Public Act 78-355 subject to confiscation or seizure under
10the provisions of that Public Act. Nothing in Public Act
1178-355 shall be construed to prohibit the gift or trade of any
12firearm if that firearm was legally held or acquired within 6
13months after the enactment of that Public Act.
14 (C) Sentence.
15 (1) Any person convicted of unlawful sale or delivery
16 of firearms in violation of paragraph (c), (e), (f), (g),
17 or (h) of subsection (A) commits a Class 4 felony.
18 (2) Any person convicted of unlawful sale or delivery
19 of firearms in violation of paragraph (b) or (i) of
20 subsection (A) commits a Class 3 felony.
21 (3) Any person convicted of unlawful sale or delivery
22 of firearms in violation of paragraph (a) of subsection
23 (A) commits a Class 2 felony.
24 (4) Any person convicted of unlawful sale or delivery
25 of firearms in violation of paragraph (a), (b), or (i) of
26 subsection (A) in any school, on the real property

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1 comprising a school, within 1,000 feet of the real
2 property comprising a school, at a school related
3 activity, or on or within 1,000 feet of any conveyance
4 owned, leased, or contracted by a school or school
5 district to transport students to or from school or a
6 school related activity, regardless of the time of day or
7 time of year at which the offense was committed, commits a
8 Class 1 felony. Any person convicted of a second or
9 subsequent violation of unlawful sale or delivery of
10 firearms in violation of paragraph (a), (b), or (i) of
11 subsection (A) in any school, on the real property
12 comprising a school, within 1,000 feet of the real
13 property comprising a school, at a school related
14 activity, or on or within 1,000 feet of any conveyance
15 owned, leased, or contracted by a school or school
16 district to transport students to or from school or a
17 school related activity, regardless of the time of day or
18 time of year at which the offense was committed, commits a
19 Class 1 felony for which the sentence shall be a term of
20 imprisonment of no less than 5 years and no more than 15
21 years.
22 (5) Any person convicted of unlawful sale or delivery
23 of firearms in violation of paragraph (a) or (i) of
24 subsection (A) in residential property owned, operated, or
25 managed by a public housing agency or leased by a public
26 housing agency as part of a scattered site or mixed-income

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1 development, in a public park, in a courthouse, on
2 residential property owned, operated, or managed by a
3 public housing agency or leased by a public housing agency
4 as part of a scattered site or mixed-income development,
5 on the real property comprising any public park, on the
6 real property comprising any courthouse, or on any public
7 way within 1,000 feet of the real property comprising any
8 public park, courthouse, or residential property owned,
9 operated, or managed by a public housing agency or leased
10 by a public housing agency as part of a scattered site or
11 mixed-income development commits a Class 2 felony.
12 (6) Any person convicted of unlawful sale or delivery
13 of firearms in violation of paragraph (j) of subsection
14 (A) commits a Class A misdemeanor. A second or subsequent
15 violation is a Class 4 felony.
16 (7) Any person convicted of unlawful sale or delivery
17 of firearms in violation of paragraph (k) of subsection
18 (A) commits a Class 4 felony, except that a violation of
19 subparagraph (1) of paragraph (k) of subsection (A) shall
20 not be punishable as a crime or petty offense. A third or
21 subsequent conviction for a violation of paragraph (k) of
22 subsection (A) is a Class 1 felony.
23 (8) A person 18 years of age or older convicted of
24 unlawful sale or delivery of firearms in violation of
25 paragraph (a) or (i) of subsection (A), when the firearm
26 that was sold or given to another person under 18 years of

HB4190- 46 -LRB102 21018 RLC 30103 b
1 age was used in the commission of or attempt to commit a
2 forcible felony, shall be fined or imprisoned, or both,
3 not to exceed the maximum provided for the most serious
4 forcible felony so committed or attempted by the person
5 under 18 years of age who was sold or given the firearm.
6 (9) Any person convicted of unlawful sale or delivery
7 of firearms in violation of paragraph (d) of subsection
8 (A) commits a Class X felony for which he or she shall be
9 sentenced to a term of imprisonment of not less than 10
10 years and not more than 30 years 3 felony.
11 (10) Any person convicted of unlawful sale or delivery
12 of firearms in violation of paragraph (l) of subsection
13 (A) commits a Class 2 felony if the delivery is of one
14 firearm. Any person convicted of unlawful sale or delivery
15 of firearms in violation of paragraph (l) of subsection
16 (A) commits a Class 1 felony if the delivery is of not less
17 than 2 and not more than 5 firearms at the same time or
18 within a one year period. Any person convicted of unlawful
19 sale or delivery of firearms in violation of paragraph (l)
20 of subsection (A) commits a Class X felony for which he or
21 she shall be sentenced to a term of imprisonment of not
22 less than 6 years and not more than 30 years if the
23 delivery is of not less than 6 and not more than 10
24 firearms at the same time or within a 2 year period. Any
25 person convicted of unlawful sale or delivery of firearms
26 in violation of paragraph (l) of subsection (A) commits a

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1 Class X felony for which he or she shall be sentenced to a
2 term of imprisonment of not less than 6 years and not more
3 than 40 years if the delivery is of not less than 11 and
4 not more than 20 firearms at the same time or within a 3
5 year period. Any person convicted of unlawful sale or
6 delivery of firearms in violation of paragraph (l) of
7 subsection (A) commits a Class X felony for which he or she
8 shall be sentenced to a term of imprisonment of not less
9 than 6 years and not more than 50 years if the delivery is
10 of not less than 21 and not more than 30 firearms at the
11 same time or within a 4 year period. Any person convicted
12 of unlawful sale or delivery of firearms in violation of
13 paragraph (l) of subsection (A) commits a Class X felony
14 for which he or she shall be sentenced to a term of
15 imprisonment of not less than 6 years and not more than 60
16 years if the delivery is of 31 or more firearms at the same
17 time or within a 5 year period.
18 (D) For purposes of this Section:
19 "School" means a public or private elementary or secondary
20school, community college, college, or university.
21 "School related activity" means any sporting, social,
22academic, or other activity for which students' attendance or
23participation is sponsored, organized, or funded in whole or
24in part by a school or school district.
25 (E) A prosecution for a violation of paragraph (k) of
26subsection (A) of this Section may be commenced within 6 years

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1after the commission of the offense. A prosecution for a
2violation of this Section other than paragraph (g) of
3subsection (A) of this Section may be commenced within 5 years
4after the commission of the offense defined in the particular
5paragraph.
6(Source: P.A. 99-29, eff. 7-10-15; 99-143, eff. 7-27-15;
799-642, eff. 7-28-16; 100-606, eff. 1-1-19.)
8 (720 ILCS 5/24-3.7)
9 Sec. 24-3.7. Use of a stolen or illegally acquired firearm
10in the commission of an offense.
11 (a) A person commits the offense of use of a stolen or
12illegally acquired firearm in the commission of an offense
13when he or she knowingly uses a stolen or illegally acquired
14firearm in the commission of any offense and the person knows
15that the firearm was stolen or illegally acquired.
16 (b) Sentence. Use of a stolen or illegally acquired
17firearm in the commission of an offense is a Class X felony for
18a first offense for which a term of imprisonment of not less
19than 10 years shall be imposed. A second or subsequent offense
20is a Class X felony for which a term of natural life
21imprisonment shall be imposed 2 felony.
22 (c) "Illegally acquired firearm" means a firearm acquired
23in violation of Section 24-3.
24(Source: P.A. 96-190, eff. 1-1-10.)

HB4190- 49 -LRB102 21018 RLC 30103 b
1 Section 115. The Code of Criminal Procedure of 1963 is
2amended by changing Sections 102-7.1 and 110-19 and by adding
3Section 110-4.5 as follows:
4 (725 ILCS 5/102-7.1)
5 Sec. 102-7.1. "Category A offense". "Category A offense"
6means a Class 1 felony, Class 2 felony, Class X felony, first
7degree murder, a violation of Section 11-204 or 11-204.1 of
8the Illinois Vehicle Code, a second or subsequent violation of
9Section 11-501 of the Illinois Vehicle Code, a violation of
10subsection (d) of Section 11-501 of the Illinois Vehicle Code,
11a violation of Section 11-401 of the Illinois Vehicle Code if
12the accident results in injury and the person failed to report
13the accident within 30 minutes, a violation of Section 9-3,
149-3.4, 10-3, 10-3.1, 10-5, 11-6, 11-9.2, 11-20.1, 11-23.5,
1511-25, 12-2, 12-3, 12-3.05, 12-3.2, 12-3.4, 12-4.4a, 12-5,
1612-6, 12-7.1, 12-7.3, 12-7.4, 12-7.5, 12C-5, 24-1.1, 24-1.5,
1724-3, 25-1, 26.5-2, 31-6, 32-10, or 48-1 of the Criminal Code
18of 2012, a second or subsequent violation of 12-3.2 or 12-3.4
19of the Criminal Code of 2012, a violation of paragraph (5) or
20(6) of subsection (b) of Section 10-9 of the Criminal Code of
212012, a violation of subsection (b) or (c) or paragraph (1) or
22(2) of subsection (a) of Section 11-1.50 of the Criminal Code
23of 2012, a violation of Section 12-7 of the Criminal Code of
242012 if the defendant inflicts bodily harm on the victim to
25obtain a confession, statement, or information, a violation of

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1Section 12-7.5 of the Criminal Code of 2012 if the action
2results in bodily harm, a violation of paragraph (3) of
3subsection (b) of Section 17-2 of the Criminal Code of 2012, a
4violation of subdivision (a)(7)(ii) of Section 24-1 of the
5Criminal Code of 2012, a violation of paragraph (6) of
6subsection (a) of Section 24-1 of the Criminal Code of 2012, a
7first violation of Section 24-1.6 of the Criminal Code of 2012
8by a person 18 years of age or older where the factors listed
9in both items (A) and (C) or both items (A-5) and (C) of
10paragraph (3) of subsection (a) of Section 24-1.6 of the
11Criminal Code of 2012 are present, a Class 3 felony violation
12of paragraph (1) of subsection (a) of Section 2 of the Firearm
13Owners Identification Card Act, or a violation of Section 10
14of the Sex Offender Registration Act.
15(Source: P.A. 100-1, eff. 1-1-18; 100-929, eff. 1-1-19.)
16 (725 ILCS 5/110-4.5 new)
17 Sec. 110-4.5. Denial of bail and pretrial release; firearm
18offenses. Notwithstanding any other provision of this Code to
19the contrary, the denial of bail or pretrial release is
20required if the person is a felon who is charged with a firearm
21offense.
22 (725 ILCS 5/110-19 new)
23 Sec. 110-19. Bail reform opt out. Notwithstanding any
24other provision of law to the contrary, a county with a

HB4190- 51 -LRB102 21018 RLC 30103 b
1population of less than 3,000,000 does not have to comply with
2the changes made by Public Act 100-1 and the changes made to
3Article 110 of this Code by Public Acts 101-652 and 102-28 if
4the county board adopts a resolution for that purpose on or
5after the effective date of this amendatory Act of the 102nd
6General Assembly.
7 Section 120. The Unified Code of Corrections is amended by
8changing Sections 3-6-3, 5-4.5-110, 5-5-3, and 5-8-4 as
9follows:
10 (730 ILCS 5/3-6-3) (from Ch. 38, par. 1003-6-3)
11 Sec. 3-6-3. Rules and regulations for sentence credit.
12 (a)(1) The Department of Corrections shall prescribe rules
13and regulations for awarding and revoking sentence credit for
14persons committed to the Department which shall be subject to
15review by the Prisoner Review Board.
16 (1.5) As otherwise provided by law, sentence credit may be
17awarded for the following:
18 (A) successful completion of programming while in
19 custody of the Department or while in custody prior to
20 sentencing;
21 (B) compliance with the rules and regulations of the
22 Department; or
23 (C) service to the institution, service to a
24 community, or service to the State.

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1 (2) Except as provided in paragraph (4.7) of this
2subsection (a), the rules and regulations on sentence credit
3shall provide, with respect to offenses listed in clause (i),
4(ii), or (iii) of this paragraph (2) committed on or after June
519, 1998 or with respect to the offense listed in clause (iv)
6of this paragraph (2) committed on or after June 23, 2005 (the
7effective date of Public Act 94-71) or with respect to offense
8listed in clause (vi) committed on or after June 1, 2008 (the
9effective date of Public Act 95-625) or with respect to the
10offense of being an armed habitual criminal committed on or
11after August 2, 2005 (the effective date of Public Act 94-398)
12or with respect to the offenses listed in clause (v) of this
13paragraph (2) committed on or after August 13, 2007 (the
14effective date of Public Act 95-134) or with respect to the
15offense of aggravated domestic battery committed on or after
16July 23, 2010 (the effective date of Public Act 96-1224) or
17with respect to the offense of attempt to commit terrorism
18committed on or after January 1, 2013 (the effective date of
19Public Act 97-990) or with respect to the offense of
20aggravated battery under paragraph (4) of subsection (d) of
21Section 12-3.05 of the Criminal Code of 2012 in which the
22victim was a peace officer committed on or after the effective
23date of this amendatory Act of the 102nd General Assembly or
24with respect to the offense of bringing contraband into a
25penal institution as described in subsection (a) of Section
2631A-1.1 of the Criminal Code of 2012 committed on or after the

HB4190- 53 -LRB102 21018 RLC 30103 b
1effective date of this amendatory Act of the 102nd General
2Assembly, the following:
3 (i) that a prisoner who is serving a term of
4 imprisonment for first degree murder or for the offense of
5 terrorism shall receive no sentence credit and shall serve
6 the entire sentence imposed by the court;
7 (ii) that a prisoner serving a sentence for attempt to
8 commit terrorism, attempt to commit first degree murder,
9 solicitation of murder, solicitation of murder for hire,
10 intentional homicide of an unborn child, predatory
11 criminal sexual assault of a child, aggravated criminal
12 sexual assault, criminal sexual assault, aggravated
13 kidnapping, aggravated battery with a firearm as described
14 in Section 12-4.2 or subdivision (e)(1), (e)(2), (e)(3),
15 or (e)(4) of Section 12-3.05, heinous battery as described
16 in Section 12-4.1 or subdivision (a)(2) of Section
17 12-3.05, being an armed habitual criminal, aggravated
18 battery of a senior citizen as described in Section 12-4.6
19 or subdivision (a)(4) of Section 12-3.05, or aggravated
20 battery of a child as described in Section 12-4.3 or
21 subdivision (b)(1) of Section 12-3.05 shall receive no
22 more than 4.5 days of sentence credit for each month of his
23 or her sentence of imprisonment;
24 (iii) that a prisoner serving a sentence for home
25 invasion, armed robbery, aggravated vehicular hijacking,
26 aggravated discharge of a firearm, or armed violence with

HB4190- 54 -LRB102 21018 RLC 30103 b
1 a category I weapon or category II weapon, when the court
2 has made and entered a finding, pursuant to subsection
3 (c-1) of Section 5-4-1 of this Code, that the conduct
4 leading to conviction for the enumerated offense resulted
5 in great bodily harm to a victim, shall receive no more
6 than 4.5 days of sentence credit for each month of his or
7 her sentence of imprisonment;
8 (iv) that a prisoner serving a sentence for aggravated
9 discharge of a firearm, whether or not the conduct leading
10 to conviction for the offense resulted in great bodily
11 harm to the victim, shall receive no more than 4.5 days of
12 sentence credit for each month of his or her sentence of
13 imprisonment;
14 (v) that a person serving a sentence for gunrunning,
15 narcotics racketeering, controlled substance trafficking,
16 methamphetamine trafficking, drug-induced homicide,
17 aggravated methamphetamine-related child endangerment,
18 money laundering pursuant to clause (c) (4) or (5) of
19 Section 29B-1 of the Criminal Code of 1961 or the Criminal
20 Code of 2012, or a Class X felony conviction for delivery
21 of a controlled substance, possession of a controlled
22 substance with intent to manufacture or deliver,
23 calculated criminal drug conspiracy, criminal drug
24 conspiracy, street gang criminal drug conspiracy,
25 participation in methamphetamine manufacturing,
26 aggravated participation in methamphetamine

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1 manufacturing, delivery of methamphetamine, possession
2 with intent to deliver methamphetamine, aggravated
3 delivery of methamphetamine, aggravated possession with
4 intent to deliver methamphetamine, methamphetamine
5 conspiracy when the substance containing the controlled
6 substance or methamphetamine is 100 grams or more shall
7 receive no more than 7.5 days sentence credit for each
8 month of his or her sentence of imprisonment;
9 (vi) that a prisoner serving a sentence for a second
10 or subsequent offense of luring a minor shall receive no
11 more than 4.5 days of sentence credit for each month of his
12 or her sentence of imprisonment; and
13 (vii) that a prisoner serving a sentence for
14 aggravated domestic battery shall receive no more than 4.5
15 days of sentence credit for each month of his or her
16 sentence of imprisonment; .
17 (viii) that a prisoner serving a sentence for
18 aggravated battery under paragraph (4) of subsection (d)
19 of Section 12-3.05 of the Criminal Code of 2012 in which
20 the victim was a peace officer shall receive no more than
21 4.5 days of sentence credit for each month of his or her
22 sentence of imprisonment; and
23 (ix) that a prisoner serving a sentence for bringing
24 contraband into a penal institution as described in
25 subsection (a) of Section 31A-1.1 of the Criminal Code of
26 2012 committed on or after the effective date of this

HB4190- 56 -LRB102 21018 RLC 30103 b
1 amendatory Act of the 102nd General Assembly shall receive
2 no more than 4.5 days of sentence credit for each month of
3 his or her sentence of imprisonment.
4 (2.1) For all offenses, other than those enumerated in
5subdivision (a)(2)(i), (ii), or (iii) committed on or after
6June 19, 1998 or subdivision (a)(2)(iv) committed on or after
7June 23, 2005 (the effective date of Public Act 94-71) or
8subdivision (a)(2)(v) committed on or after August 13, 2007
9(the effective date of Public Act 95-134) or subdivision
10(a)(2)(vi) committed on or after June 1, 2008 (the effective
11date of Public Act 95-625) or subdivision (a)(2)(vii)
12committed on or after July 23, 2010 (the effective date of
13Public Act 96-1224)or subdivision (a)(2)(viii) committed on or
14after the effective date of this amendatory Act of the 102nd
15General Assembly or subdivision (a)(2)(ix) committed on or
16after the effective date of this amendatory Act of the 102nd
17General Assembly, and other than the offense of aggravated
18driving under the influence of alcohol, other drug or drugs,
19or intoxicating compound or compounds, or any combination
20thereof as defined in subparagraph (F) of paragraph (1) of
21subsection (d) of Section 11-501 of the Illinois Vehicle Code,
22and other than the offense of aggravated driving under the
23influence of alcohol, other drug or drugs, or intoxicating
24compound or compounds, or any combination thereof as defined
25in subparagraph (C) of paragraph (1) of subsection (d) of
26Section 11-501 of the Illinois Vehicle Code committed on or

HB4190- 57 -LRB102 21018 RLC 30103 b
1after January 1, 2011 (the effective date of Public Act
296-1230), the rules and regulations shall provide that a
3prisoner who is serving a term of imprisonment shall receive
4one day of sentence credit for each day of his or her sentence
5of imprisonment or recommitment under Section 3-3-9. Each day
6of sentence credit shall reduce by one day the prisoner's
7period of imprisonment or recommitment under Section 3-3-9.
8 (2.2) A prisoner serving a term of natural life
9imprisonment or a prisoner who has been sentenced to death
10shall receive no sentence credit.
11 (2.3) Except as provided in paragraph (4.7) of this
12subsection (a), the rules and regulations on sentence credit
13shall provide that a prisoner who is serving a sentence for
14aggravated driving under the influence of alcohol, other drug
15or drugs, or intoxicating compound or compounds, or any
16combination thereof as defined in subparagraph (F) of
17paragraph (1) of subsection (d) of Section 11-501 of the
18Illinois Vehicle Code, shall receive no more than 4.5 days of
19sentence credit for each month of his or her sentence of
20imprisonment.
21 (2.4) Except as provided in paragraph (4.7) of this
22subsection (a), the rules and regulations on sentence credit
23shall provide with respect to the offenses of aggravated
24battery with a machine gun or a firearm equipped with any
25device or attachment designed or used for silencing the report
26of a firearm or aggravated discharge of a machine gun or a

HB4190- 58 -LRB102 21018 RLC 30103 b
1firearm equipped with any device or attachment designed or
2used for silencing the report of a firearm, committed on or
3after July 15, 1999 (the effective date of Public Act 91-121),
4that a prisoner serving a sentence for any of these offenses
5shall receive no more than 4.5 days of sentence credit for each
6month of his or her sentence of imprisonment.
7 (2.5) Except as provided in paragraph (4.7) of this
8subsection (a), the rules and regulations on sentence credit
9shall provide that a prisoner who is serving a sentence for
10aggravated arson committed on or after July 27, 2001 (the
11effective date of Public Act 92-176) shall receive no more
12than 4.5 days of sentence credit for each month of his or her
13sentence of imprisonment.
14 (2.6) Except as provided in paragraph (4.7) of this
15subsection (a), the rules and regulations on sentence credit
16shall provide that a prisoner who is serving a sentence for
17aggravated driving under the influence of alcohol, other drug
18or drugs, or intoxicating compound or compounds or any
19combination thereof as defined in subparagraph (C) of
20paragraph (1) of subsection (d) of Section 11-501 of the
21Illinois Vehicle Code committed on or after January 1, 2011
22(the effective date of Public Act 96-1230) shall receive no
23more than 4.5 days of sentence credit for each month of his or
24her sentence of imprisonment.
25 (3) In addition to the sentence credits earned under
26paragraphs (2.1), (4), (4.1), (4.2), and (4.7) of this

HB4190- 59 -LRB102 21018 RLC 30103 b
1subsection (a), the rules and regulations shall also provide
2that the Director may award up to 180 days of earned sentence
3credit for prisoners serving a sentence of incarceration of
4less than 5 years, and up to 365 days of earned sentence credit
5for prisoners serving a sentence of 5 years or longer. The
6Director may grant this credit for good conduct in specific
7instances as the Director deems proper. The good conduct may
8include, but is not limited to, compliance with the rules and
9regulations of the Department, service to the Department,
10service to a community, or service to the State.
11 Eligible inmates for an award of earned sentence credit
12under this paragraph (3) may be selected to receive the credit
13at the Director's or his or her designee's sole discretion.
14Eligibility for the additional earned sentence credit under
15this paragraph (3) may be based on, but is not limited to,
16participation in programming offered by the Department as
17appropriate for the prisoner based on the results of any
18available risk/needs assessment or other relevant assessments
19or evaluations administered by the Department using a
20validated instrument, the circumstances of the crime,
21demonstrated commitment to rehabilitation by a prisoner with a
22history of conviction for a forcible felony enumerated in
23Section 2-8 of the Criminal Code of 2012, the inmate's
24behavior and improvements in disciplinary history while
25incarcerated, and the inmate's commitment to rehabilitation,
26including participation in programming offered by the

HB4190- 60 -LRB102 21018 RLC 30103 b
1Department.
2 The Director shall not award sentence credit under this
3paragraph (3) to an inmate unless the inmate has served a
4minimum of 60 days of the sentence; except nothing in this
5paragraph shall be construed to permit the Director to extend
6an inmate's sentence beyond that which was imposed by the
7court. Prior to awarding credit under this paragraph (3), the
8Director shall make a written determination that the inmate:
9 (A) is eligible for the earned sentence credit;
10 (B) has served a minimum of 60 days, or as close to 60
11 days as the sentence will allow;
12 (B-1) has received a risk/needs assessment or other
13 relevant evaluation or assessment administered by the
14 Department using a validated instrument; and
15 (C) has met the eligibility criteria established by
16 rule for earned sentence credit.
17 The Director shall determine the form and content of the
18written determination required in this subsection.
19 (3.5) The Department shall provide annual written reports
20to the Governor and the General Assembly on the award of earned
21sentence credit no later than February 1 of each year. The
22Department must publish both reports on its website within 48
23hours of transmitting the reports to the Governor and the
24General Assembly. The reports must include:
25 (A) the number of inmates awarded earned sentence
26 credit;

HB4190- 61 -LRB102 21018 RLC 30103 b
1 (B) the average amount of earned sentence credit
2 awarded;
3 (C) the holding offenses of inmates awarded earned
4 sentence credit; and
5 (D) the number of earned sentence credit revocations.
6 (4)(A) Except as provided in paragraph (4.7) of this
7subsection (a), the rules and regulations shall also provide
8that any prisoner who is engaged full-time in substance abuse
9programs, correctional industry assignments, educational
10programs, work-release programs or activities in accordance
11with Article 13 of Chapter III of this Code, behavior
12modification programs, life skills courses, or re-entry
13planning provided by the Department under this paragraph (4)
14and satisfactorily completes the assigned program as
15determined by the standards of the Department, shall receive
16one day of sentence credit for each day in which that prisoner
17is engaged in the activities described in this paragraph. The
18rules and regulations shall also provide that sentence credit
19may be provided to an inmate who was held in pre-trial
20detention prior to his or her current commitment to the
21Department of Corrections and successfully completed a
22full-time, 60-day or longer substance abuse program,
23educational program, behavior modification program, life
24skills course, or re-entry planning provided by the county
25department of corrections or county jail. Calculation of this
26county program credit shall be done at sentencing as provided

HB4190- 62 -LRB102 21018 RLC 30103 b
1in Section 5-4.5-100 of this Code and shall be included in the
2sentencing order. The rules and regulations shall also provide
3that sentence credit may be provided to an inmate who is in
4compliance with programming requirements in an adult
5transition center.
6 (B) The Department shall award sentence credit under this
7paragraph (4) accumulated prior to January 1, 2020 (the
8effective date of Public Act 101-440) in an amount specified
9in subparagraph (C) of this paragraph (4) to an inmate serving
10a sentence for an offense committed prior to June 19, 1998, if
11the Department determines that the inmate is entitled to this
12sentence credit, based upon:
13 (i) documentation provided by the Department that the
14 inmate engaged in any full-time substance abuse programs,
15 correctional industry assignments, educational programs,
16 behavior modification programs, life skills courses, or
17 re-entry planning provided by the Department under this
18 paragraph (4) and satisfactorily completed the assigned
19 program as determined by the standards of the Department
20 during the inmate's current term of incarceration; or
21 (ii) the inmate's own testimony in the form of an
22 affidavit or documentation, or a third party's
23 documentation or testimony in the form of an affidavit
24 that the inmate likely engaged in any full-time substance
25 abuse programs, correctional industry assignments,
26 educational programs, behavior modification programs, life

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1 skills courses, or re-entry planning provided by the
2 Department under paragraph (4) and satisfactorily
3 completed the assigned program as determined by the
4 standards of the Department during the inmate's current
5 term of incarceration.
6 (C) If the inmate can provide documentation that he or she
7is entitled to sentence credit under subparagraph (B) in
8excess of 45 days of participation in those programs, the
9inmate shall receive 90 days of sentence credit. If the inmate
10cannot provide documentation of more than 45 days of
11participation in those programs, the inmate shall receive 45
12days of sentence credit. In the event of a disagreement
13between the Department and the inmate as to the amount of
14credit accumulated under subparagraph (B), if the Department
15provides documented proof of a lesser amount of days of
16participation in those programs, that proof shall control. If
17the Department provides no documentary proof, the inmate's
18proof as set forth in clause (ii) of subparagraph (B) shall
19control as to the amount of sentence credit provided.
20 (D) If the inmate has been convicted of a sex offense as
21defined in Section 2 of the Sex Offender Registration Act,
22sentencing credits under subparagraph (B) of this paragraph
23(4) shall be awarded by the Department only if the conditions
24set forth in paragraph (4.6) of subsection (a) are satisfied.
25No inmate serving a term of natural life imprisonment shall
26receive sentence credit under subparagraph (B) of this

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1paragraph (4).
2 Educational, vocational, substance abuse, behavior
3modification programs, life skills courses, re-entry planning,
4and correctional industry programs under which sentence credit
5may be earned under this paragraph (4) and paragraph (4.1) of
6this subsection (a) shall be evaluated by the Department on
7the basis of documented standards. The Department shall report
8the results of these evaluations to the Governor and the
9General Assembly by September 30th of each year. The reports
10shall include data relating to the recidivism rate among
11program participants.
12 Availability of these programs shall be subject to the
13limits of fiscal resources appropriated by the General
14Assembly for these purposes. Eligible inmates who are denied
15immediate admission shall be placed on a waiting list under
16criteria established by the Department. The rules and
17regulations shall provide that a prisoner who has been placed
18on a waiting list but is transferred for non-disciplinary
19reasons before beginning a program shall receive priority
20placement on the waitlist for appropriate programs at the new
21facility. The inability of any inmate to become engaged in any
22such programs by reason of insufficient program resources or
23for any other reason established under the rules and
24regulations of the Department shall not be deemed a cause of
25action under which the Department or any employee or agent of
26the Department shall be liable for damages to the inmate. The

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1rules and regulations shall provide that a prisoner who begins
2an educational, vocational, substance abuse, work-release
3programs or activities in accordance with Article 13 of
4Chapter III of this Code, behavior modification program, life
5skills course, re-entry planning, or correctional industry
6programs but is unable to complete the program due to illness,
7disability, transfer, lockdown, or another reason outside of
8the prisoner's control shall receive prorated sentence credits
9for the days in which the prisoner did participate.
10 (4.1) Except as provided in paragraph (4.7) of this
11subsection (a), the rules and regulations shall also provide
12that an additional 90 days of sentence credit shall be awarded
13to any prisoner who passes high school equivalency testing
14while the prisoner is committed to the Department of
15Corrections. The sentence credit awarded under this paragraph
16(4.1) shall be in addition to, and shall not affect, the award
17of sentence credit under any other paragraph of this Section,
18but shall also be pursuant to the guidelines and restrictions
19set forth in paragraph (4) of subsection (a) of this Section.
20The sentence credit provided for in this paragraph shall be
21available only to those prisoners who have not previously
22earned a high school diploma or a high school equivalency
23certificate. If, after an award of the high school equivalency
24testing sentence credit has been made, the Department
25determines that the prisoner was not eligible, then the award
26shall be revoked. The Department may also award 90 days of

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1sentence credit to any committed person who passed high school
2equivalency testing while he or she was held in pre-trial
3detention prior to the current commitment to the Department of
4Corrections. Except as provided in paragraph (4.7) of this
5subsection (a), the rules and regulations shall provide that
6an additional 120 days of sentence credit shall be awarded to
7any prisoner who obtains an associate degree while the
8prisoner is committed to the Department of Corrections,
9regardless of the date that the associate degree was obtained,
10including if prior to July 1, 2021 (the effective date of
11Public Act 101-652). The sentence credit awarded under this
12paragraph (4.1) shall be in addition to, and shall not affect,
13the award of sentence credit under any other paragraph of this
14Section, but shall also be under the guidelines and
15restrictions set forth in paragraph (4) of subsection (a) of
16this Section. The sentence credit provided for in this
17paragraph (4.1) shall be available only to those prisoners who
18have not previously earned an associate degree prior to the
19current commitment to the Department of Corrections. If, after
20an award of the associate degree sentence credit has been made
21and the Department determines that the prisoner was not
22eligible, then the award shall be revoked. The Department may
23also award 120 days of sentence credit to any committed person
24who earned an associate degree while he or she was held in
25pre-trial detention prior to the current commitment to the
26Department of Corrections.

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1 Except as provided in paragraph (4.7) of this subsection
2(a), the rules and regulations shall provide that an
3additional 180 days of sentence credit shall be awarded to any
4prisoner who obtains a bachelor's degree while the prisoner is
5committed to the Department of Corrections. The sentence
6credit awarded under this paragraph (4.1) shall be in addition
7to, and shall not affect, the award of sentence credit under
8any other paragraph of this Section, but shall also be under
9the guidelines and restrictions set forth in paragraph (4) of
10this subsection (a). The sentence credit provided for in this
11paragraph shall be available only to those prisoners who have
12not earned a bachelor's degree prior to the current commitment
13to the Department of Corrections. If, after an award of the
14bachelor's degree sentence credit has been made, the
15Department determines that the prisoner was not eligible, then
16the award shall be revoked. The Department may also award 180
17days of sentence credit to any committed person who earned a
18bachelor's degree while he or she was held in pre-trial
19detention prior to the current commitment to the Department of
20Corrections.
21 Except as provided in paragraph (4.7) of this subsection
22(a), the rules and regulations shall provide that an
23additional 180 days of sentence credit shall be awarded to any
24prisoner who obtains a master's or professional degree while
25the prisoner is committed to the Department of Corrections.
26The sentence credit awarded under this paragraph (4.1) shall

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1be in addition to, and shall not affect, the award of sentence
2credit under any other paragraph of this Section, but shall
3also be under the guidelines and restrictions set forth in
4paragraph (4) of this subsection (a). The sentence credit
5provided for in this paragraph shall be available only to
6those prisoners who have not previously earned a master's or
7professional degree prior to the current commitment to the
8Department of Corrections. If, after an award of the master's
9or professional degree sentence credit has been made, the
10Department determines that the prisoner was not eligible, then
11the award shall be revoked. The Department may also award 180
12days of sentence credit to any committed person who earned a
13master's or professional degree while he or she was held in
14pre-trial detention prior to the current commitment to the
15Department of Corrections.
16 (4.2) The rules and regulations shall also provide that
17any prisoner engaged in self-improvement programs, volunteer
18work, or work assignments that are not otherwise eligible
19activities under paragraph (4), shall receive up to 0.5 days
20of sentence credit for each day in which the prisoner is
21engaged in activities described in this paragraph.
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

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

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1Management Board. However, prisoners who are waiting to
2receive treatment, but who are unable to do so due solely to
3the lack of resources on the part of the Department, may, at
4the Director's sole discretion, be awarded sentence credit at
5a rate as the Director shall determine.
6 (4.7) On or after January 1, 2018 (the effective date of
7Public Act 100-3), sentence credit under paragraph (3), (4),
8or (4.1) of this subsection (a) may be awarded to a prisoner
9who is serving a sentence for an offense described in
10paragraph (2), (2.3), (2.4), (2.5), or (2.6) for credit earned
11on or after January 1, 2018 (the effective date of Public Act
12100-3); provided, the award of the credits under this
13paragraph (4.7) shall not reduce the sentence of the prisoner
14to less than the following amounts:
15 (i) 85% of his or her sentence if the prisoner is
16 required to serve 85% of his or her sentence; or
17 (ii) 60% of his or her sentence if the prisoner is
18 required to serve 75% of his or her sentence, except if the
19 prisoner is serving a sentence for gunrunning his or her
20 sentence shall not be reduced to less than 75%.
21 (iii) 100% of his or her sentence if the prisoner is
22 required to serve 100% of his or her sentence.
23 (4.8) On or after the effective date of this amendatory
24Act of the 102nd General Assembly, sentence credit under
25paragraph (3), (4), (4.1), (4.2), or (4.7) of this subsection
26(a) may not be awarded to a prisoner who is serving a sentence

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1for bringing contraband into a penal institution as described
2in subsection (a) of Section 31A-1.1 of the Criminal Code of
32012.
4 (5) Whenever the Department is to release any inmate
5earlier than it otherwise would because of a grant of earned
6sentence credit under paragraph (3) of subsection (a) of this
7Section given at any time during the term, the Department
8shall give reasonable notice of the impending release not less
9than 14 days prior to the date of the release to the State's
10Attorney of the county where the prosecution of the inmate
11took place, and if applicable, the State's Attorney of the
12county into which the inmate will be released. The Department
13must also make identification information and a recent photo
14of the inmate being released accessible on the Internet by
15means of a hyperlink labeled "Community Notification of Inmate
16Early Release" on the Department's World Wide Web homepage.
17The identification information shall include the inmate's:
18name, any known alias, date of birth, physical
19characteristics, commitment offense, and county where
20conviction was imposed. The identification information shall
21be placed on the website within 3 days of the inmate's release
22and the information may not be removed until either:
23completion of the first year of mandatory supervised release
24or return of the inmate to custody of the Department.
25 (b) Whenever a person is or has been committed under
26several convictions, with separate sentences, the sentences

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1shall be construed under Section 5-8-4 in granting and
2forfeiting of sentence credit.
3 (c) (1) The Department shall prescribe rules and
4regulations for revoking sentence credit, including revoking
5sentence credit awarded under paragraph (3) of subsection (a)
6of this Section. The Department shall prescribe rules and
7regulations establishing and requiring the use of a sanctions
8matrix for revoking sentence credit. The Department shall
9prescribe rules and regulations for suspending or reducing the
10rate of accumulation of sentence credit for specific rule
11violations, during imprisonment. These rules and regulations
12shall provide that no inmate may be penalized more than one
13year of sentence credit for any one infraction.
14 (2) When the Department seeks to revoke, suspend, or
15reduce the rate of accumulation of any sentence credits for an
16alleged infraction of its rules, it shall bring charges
17therefor against the prisoner sought to be so deprived of
18sentence credits before the Prisoner Review Board as provided
19in subparagraph (a)(4) of Section 3-3-2 of this Code, if the
20amount of credit at issue exceeds 30 days, whether from one
21infraction or cumulatively from multiple infractions arising
22out of a single event, or when, during any 12-month period, the
23cumulative amount of credit revoked exceeds 30 days except
24where the infraction is committed or discovered within 60 days
25of scheduled release. In those cases, the Department of
26Corrections may revoke up to 30 days of sentence credit. The

HB4190- 73 -LRB102 21018 RLC 30103 b
1Board may subsequently approve the revocation of additional
2sentence credit, if the Department seeks to revoke sentence
3credit in excess of 30 days. However, the Board shall not be
4empowered to review the Department's decision with respect to
5the loss of 30 days of sentence credit within any calendar year
6for any prisoner or to increase any penalty beyond the length
7requested by the Department.
8 (3) The Director of the Department of Corrections, in
9appropriate cases, may restore sentence credits which have
10been revoked, suspended, or reduced. The Department shall
11prescribe rules and regulations governing the restoration of
12sentence credits. These rules and regulations shall provide
13for the automatic restoration of sentence credits following a
14period in which the prisoner maintains a record without a
15disciplinary violation.
16 Nothing contained in this Section shall prohibit the
17Prisoner Review Board from ordering, pursuant to Section
183-3-9(a)(3)(i)(B), that a prisoner serve up to one year of the
19sentence imposed by the court that was not served due to the
20accumulation of sentence credit.
21 (d) If a lawsuit is filed by a prisoner in an Illinois or
22federal court against the State, the Department of
23Corrections, or the Prisoner Review Board, or against any of
24their officers or employees, and the court makes a specific
25finding that a pleading, motion, or other paper filed by the
26prisoner is frivolous, the Department of Corrections shall

HB4190- 74 -LRB102 21018 RLC 30103 b
1conduct a hearing to revoke up to 180 days of sentence credit
2by bringing charges against the prisoner sought to be deprived
3of the sentence credits before the Prisoner Review Board as
4provided in subparagraph (a)(8) of Section 3-3-2 of this Code.
5If the prisoner has not accumulated 180 days of sentence
6credit at the time of the finding, then the Prisoner Review
7Board may revoke all sentence credit accumulated by the
8prisoner.
9 For purposes of this subsection (d):
10 (1) "Frivolous" means that a pleading, motion, or
11 other filing which purports to be a legal document filed
12 by a prisoner in his or her lawsuit meets any or all of the
13 following criteria:
14 (A) it lacks an arguable basis either in law or in
15 fact;
16 (B) it is being presented for any improper
17 purpose, such as to harass or to cause unnecessary
18 delay or needless increase in the cost of litigation;
19 (C) the claims, defenses, and other legal
20 contentions therein are not warranted by existing law
21 or by a nonfrivolous argument for the extension,
22 modification, or reversal of existing law or the
23 establishment of new law;
24 (D) the allegations and other factual contentions
25 do not have evidentiary support or, if specifically so
26 identified, are not likely to have evidentiary support

HB4190- 75 -LRB102 21018 RLC 30103 b
1 after a reasonable opportunity for further
2 investigation or discovery; or
3 (E) the denials of factual contentions are not
4 warranted on the evidence, or if specifically so
5 identified, are not reasonably based on a lack of
6 information or belief.
7 (2) "Lawsuit" means a motion pursuant to Section 116-3
8 of the Code of Criminal Procedure of 1963, a habeas corpus
9 action under Article X of the Code of Civil Procedure or
10 under federal law (28 U.S.C. 2254), a petition for claim
11 under the Court of Claims Act, an action under the federal
12 Civil Rights Act (42 U.S.C. 1983), or a second or
13 subsequent petition for post-conviction relief under
14 Article 122 of the Code of Criminal Procedure of 1963
15 whether filed with or without leave of court or a second or
16 subsequent petition for relief from judgment under Section
17 2-1401 of the Code of Civil Procedure.
18 (e) Nothing in Public Act 90-592 or 90-593 affects the
19validity of Public Act 89-404.
20 (f) Whenever the Department is to release any inmate who
21has been convicted of a violation of an order of protection
22under Section 12-3.4 or 12-30 of the Criminal Code of 1961 or
23the Criminal Code of 2012, earlier than it otherwise would
24because of a grant of sentence credit, the Department, as a
25condition of release, shall require that the person, upon
26release, be placed under electronic surveillance as provided

HB4190- 76 -LRB102 21018 RLC 30103 b
1in Section 5-8A-7 of this Code.
2(Source: P.A. 101-440, eff. 1-1-20; 101-652, eff. 7-1-21;
3102-28, eff. 6-25-21; 102-558, eff. 8-20-21.)
4 (730 ILCS 5/5-4.5-110)
5 (Section scheduled to be repealed on January 1, 2023)
6 Sec. 5-4.5-110. SENTENCING GUIDELINES FOR INDIVIDUALS WITH
7PRIOR FELONY FIREARM-RELATED OR OTHER SPECIFIED CONVICTIONS.
8 (a) DEFINITIONS. For the purposes of this Section:
9 "Firearm" has the meaning ascribed to it in Section
10 1.1 of the Firearm Owners Identification Card Act.
11 "Qualifying predicate offense" means the following
12 offenses under the Criminal Code of 2012:
13 (A) aggravated unlawful use of a weapon under
14 Section 24-1.6 or similar offense under the Criminal
15 Code of 1961, when the weapon is a firearm;
16 (B) unlawful use or possession of a weapon by a
17 felon under Section 24-1.1 or similar offense under
18 the Criminal Code of 1961, when the weapon is a
19 firearm;
20 (C) first degree murder under Section 9-1 or
21 similar offense under the Criminal Code of 1961;
22 (D) attempted first degree murder with a firearm
23 or similar offense under the Criminal Code of 1961;
24 (E) aggravated kidnapping with a firearm under
25 paragraph (6) or (7) of subsection (a) of Section 10-2

HB4190- 77 -LRB102 21018 RLC 30103 b
1 or similar offense under the Criminal Code of 1961;
2 (F) aggravated battery with a firearm under
3 subsection (e) of Section 12-3.05 or similar offense
4 under the Criminal Code of 1961;
5 (G) aggravated criminal sexual assault under
6 Section 11-1.30 or similar offense under the Criminal
7 Code of 1961;
8 (H) predatory criminal sexual assault of a child
9 under Section 11-1.40 or similar offense under the
10 Criminal Code of 1961;
11 (I) armed robbery under Section 18-2 or similar
12 offense under the Criminal Code of 1961;
13 (J) vehicular hijacking under Section 18-3 or
14 similar offense under the Criminal Code of 1961;
15 (K) aggravated vehicular hijacking under Section
16 18-4 or similar offense under the Criminal Code of
17 1961;
18 (L) home invasion with a firearm under paragraph
19 (3), (4), or (5) of subsection (a) of Section 19-6 or
20 similar offense under the Criminal Code of 1961;
21 (M) aggravated discharge of a firearm under
22 Section 24-1.2 or similar offense under the Criminal
23 Code of 1961;
24 (N) aggravated discharge of a machine gun or a
25 firearm equipped with a device designed or used for
26 silencing the report of a firearm under Section

HB4190- 78 -LRB102 21018 RLC 30103 b
1 24-1.2-5 or similar offense under the Criminal Code of
2 1961;
3 (0) unlawful use of firearm projectiles under
4 Section 24-2.1 or similar offense under the Criminal
5 Code of 1961;
6 (P) manufacture, sale, or transfer of bullets or
7 shells represented to be armor piercing bullets,
8 dragon's breath shotgun shells, bolo shells, or
9 flechette shells under Section 24-2.2 or similar
10 offense under the Criminal Code of 1961;
11 (Q) unlawful sale or delivery of firearms under
12 Section 24-3 or similar offense under the Criminal
13 Code of 1961;
14 (R) unlawful discharge of firearm projectiles
15 under Section 24-3.2 or similar offense under the
16 Criminal Code of 1961;
17 (S) unlawful sale or delivery of firearms on
18 school premises of any school under Section 24-3.3 or
19 similar offense under the Criminal Code of 1961;
20 (T) unlawful purchase of a firearm under Section
21 24-3.5 or similar offense under the Criminal Code of
22 1961;
23 (U) use of a stolen or illegally acquired firearm
24 in the commission of an offense under Section 24-3.7
25 or similar offense under the Criminal Code of 1961;
26 (V) possession of a stolen firearm under Section

HB4190- 79 -LRB102 21018 RLC 30103 b
1 24-3.8 or similar offense under the Criminal Code of
2 1961;
3 (W) aggravated possession of a stolen firearm
4 under Section 24-3.9 or similar offense under the
5 Criminal Code of 1961;
6 (X) gunrunning under Section 24-3A or similar
7 offense under the Criminal Code of 1961;
8 (Y) defacing identification marks of firearms
9 under Section 24-5 or similar offense under the
10 Criminal Code of 1961; and
11 (Z) armed violence under Section 33A-2 or similar
12 offense under the Criminal Code of 1961.
13 (b) APPLICABILITY. For an offense committed on or after
14the effective date of this amendatory Act of the 100th General
15Assembly and before January 1, 2023, when a person is
16convicted of unlawful use or possession of a weapon by a felon,
17when the weapon is a firearm, or aggravated unlawful use of a
18weapon, when the weapon is a firearm, after being previously
19convicted of a qualifying predicate offense the person shall
20be subject to the sentencing guidelines under this Section.
21 (c) SENTENCING GUIDELINES.
22 (1) When a person is convicted of unlawful use or
23 possession of a weapon by a felon, when the weapon is a
24 firearm, and that person has been previously convicted of
25 a qualifying predicate offense, the person shall be
26 sentenced to a term of imprisonment within the sentencing

HB4190- 80 -LRB102 21018 RLC 30103 b
1 range of not less than 7 years and not more than 14 years,
2 unless the court finds that a departure from the
3 sentencing guidelines under this paragraph is warranted
4 under subsection (d) of this Section.
5 (2) When a person is convicted of aggravated unlawful
6 use of a weapon, when the weapon is a firearm, and that
7 person has been previously convicted of a qualifying
8 predicate offense, the person shall be sentenced to a term
9 of imprisonment within the sentencing range of not less
10 than 6 years and not more than 7 years, unless the court
11 finds that a departure from the sentencing guidelines
12 under this paragraph is warranted under subsection (d) of
13 this Section.
14 (3) The sentencing guidelines in paragraphs (1) and
15 (2) of this subsection (c) apply only to offenses
16 committed on and after the effective date of this
17 amendatory Act of the 100th General Assembly and before
18 January 1, 2023.
19 (d) DEPARTURE FROM SENTENCING GUIDELINES.
20 (1) At the sentencing hearing conducted under Section
21 5-4-1 of this Code, the court may depart from the
22 sentencing guidelines provided in subsection (c) of this
23 Section and impose a sentence otherwise authorized by law
24 for the offense if the court, after considering any factor
25 under paragraph (2) of this subsection (d) relevant to the
26 nature and circumstances of the crime and to the history

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1 and character of the defendant, finds on the record
2 substantial and compelling justification that the sentence
3 within the sentencing guidelines would be unduly harsh and
4 that a sentence otherwise authorized by law would be
5 consistent with public safety and does not deprecate the
6 seriousness of the offense.
7 (2) In deciding whether to depart from the sentencing
8 guidelines under this paragraph, the court shall consider:
9 (A) the age, immaturity, or limited mental
10 capacity of the defendant at the time of commission of
11 the qualifying predicate or current offense, including
12 whether the defendant was suffering from a mental or
13 physical condition insufficient to constitute a
14 defense but significantly reduced the defendant's
15 culpability;
16 (B) the nature and circumstances of the qualifying
17 predicate offense;
18 (C) the time elapsed since the qualifying
19 predicate offense;
20 (D) the nature and circumstances of the current
21 offense;
22 (E) the defendant's prior criminal history;
23 (F) whether the defendant committed the qualifying
24 predicate or current offense under specific and
25 credible duress, coercion, threat, or compulsion;
26 (G) whether the defendant aided in the

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1 apprehension of another felon or testified truthfully
2 on behalf of another prosecution of a felony; and
3 (H) whether departure is in the interest of the
4 person's rehabilitation, including employment or
5 educational or vocational training, after taking into
6 account any past rehabilitation efforts or
7 dispositions of probation or supervision, and the
8 defendant's cooperation or response to rehabilitation.
9 (3) When departing from the sentencing guidelines
10 under this Section, the court shall specify on the record,
11 the particular evidence, information, factor or factors,
12 or other reasons which led to the departure from the
13 sentencing guidelines. When departing from the sentencing
14 range in accordance with this subsection (d), the court
15 shall indicate on the sentencing order which departure
16 factor or factors outlined in paragraph (2) of this
17 subsection (d) led to the sentence imposed. The sentencing
18 order shall be filed with the clerk of the court and shall
19 be a public record.
20 (e) This Section is repealed on January 1, 2023.
21(Source: P.A. 100-3, eff. 1-1-18.)
22 (730 ILCS 5/5-5-3)
23 Sec. 5-5-3. Disposition.
24 (a) (Blank).
25 (b) (Blank).

HB4190- 83 -LRB102 21018 RLC 30103 b
1 (c) (1) (Blank).
2 (2) A period of probation, a term of periodic imprisonment
3or conditional discharge shall not be imposed for the
4following offenses. The court shall sentence the offender to
5not less than the minimum term of imprisonment set forth in
6this Code for the following offenses, and may order a fine or
7restitution or both in conjunction with such term of
8imprisonment:
9 (A) First degree murder where the death penalty is not
10 imposed.
11 (B) Attempted first degree murder.
12 (C) A Class X felony.
13 (D) A violation of Section 401.1 or 407 of the
14 Illinois Controlled Substances Act, or a violation of
15 subdivision (c)(1.5) of Section 401 of that Act which
16 relates to more than 5 grams of a substance containing
17 fentanyl or an analog thereof.
18 (D-5) A violation of subdivision (c)(1) of Section 401
19 of the Illinois Controlled Substances Act which relates to
20 3 or more grams of a substance containing heroin or an
21 analog thereof.
22 (E) (Blank).
23 (F) A Class 1 or greater felony if the offender had
24 been convicted of a Class 1 or greater felony, including
25 any state or federal conviction for an offense that
26 contained, at the time it was committed, the same elements

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1 as an offense now (the date of the offense committed after
2 the prior Class 1 or greater felony) classified as a Class
3 1 or greater felony, within 10 years of the date on which
4 the offender committed the offense for which he or she is
5 being sentenced, except as otherwise provided in Section
6 40-10 of the Substance Use Disorder Act.
7 (F-3) A Class 2 or greater felony sex offense or
8 felony firearm offense if the offender had been convicted
9 of a Class 2 or greater felony, including any state or
10 federal conviction for an offense that contained, at the
11 time it was committed, the same elements as an offense now
12 (the date of the offense committed after the prior Class 2
13 or greater felony) classified as a Class 2 or greater
14 felony, within 10 years of the date on which the offender
15 committed the offense for which he or she is being
16 sentenced, except as otherwise provided in Section 40-10
17 of the Substance Use Disorder Act.
18 (F-5) A violation of Section 18-4, 24-1, 24-1.1,
19 24-1.2, or 24-1.6, 24-1.7, 24-1.8, or 24-3.7 or paragraph
20 (d) of subsection (A) of Section 24-3 of the Criminal Code
21 of 1961 or the Criminal Code of 2012 for which
22 imprisonment is prescribed in those Sections.
23 (G) Residential burglary, except as otherwise provided
24 in Section 40-10 of the Substance Use Disorder Act.
25 (H) Criminal sexual assault.
26 (I) Aggravated battery of a senior citizen as

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1 described in Section 12-4.6 or subdivision (a)(4) of
2 Section 12-3.05 of the Criminal Code of 1961 or the
3 Criminal Code of 2012.
4 (J) A forcible felony if the offense was related to
5 the activities of an organized gang.
6 Before July 1, 1994, for the purposes of this
7 paragraph, "organized gang" means an association of 5 or
8 more persons, with an established hierarchy, that
9 encourages members of the association to perpetrate crimes
10 or provides support to the members of the association who
11 do commit crimes.
12 Beginning July 1, 1994, for the purposes of this
13 paragraph, "organized gang" has the meaning ascribed to it
14 in Section 10 of the Illinois Streetgang Terrorism Omnibus
15 Prevention Act.
16 (K) Vehicular hijacking.
17 (L) A second or subsequent conviction for the offense
18 of hate crime when the underlying offense upon which the
19 hate crime is based is felony aggravated assault or felony
20 mob action.
21 (M) A second or subsequent conviction for the offense
22 of institutional vandalism if the damage to the property
23 exceeds $300.
24 (N) A Class 3 felony violation of paragraph (1) of
25 subsection (a) of Section 2 of the Firearm Owners
26 Identification Card Act.

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1 (O) A violation of Section 12-6.1 or 12-6.5 of the
2 Criminal Code of 1961 or the Criminal Code of 2012.
3 (P) A violation of paragraph (1), (2), (3), (4), (5),
4 or (7) of subsection (a) of Section 11-20.1 of the
5 Criminal Code of 1961 or the Criminal Code of 2012.
6 (Q) A violation of subsection (b) or (b-5) of Section
7 20-1, Section 20-1.2, or Section 20-1.3 of the Criminal
8 Code of 1961 or the Criminal Code of 2012.
9 (R) A violation of Section 24-3A of the Criminal Code
10 of 1961 or the Criminal Code of 2012.
11 (S) (Blank).
12 (T) (Blank).
13 (U) A second or subsequent violation of Section 6-303
14 of the Illinois Vehicle Code committed while his or her
15 driver's license, permit, or privilege was revoked because
16 of a violation of Section 9-3 of the Criminal Code of 1961
17 or the Criminal Code of 2012, relating to the offense of
18 reckless homicide, or a similar provision of a law of
19 another state.
20 (V) A violation of paragraph (4) of subsection (c) of
21 Section 11-20.1B or paragraph (4) of subsection (c) of
22 Section 11-20.3 of the Criminal Code of 1961, or paragraph
23 (6) of subsection (a) of Section 11-20.1 of the Criminal
24 Code of 2012 when the victim is under 13 years of age and
25 the defendant has previously been convicted under the laws
26 of this State or any other state of the offense of child

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

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1 (DD) A conviction for aggravated assault under
2 paragraph (6) of subsection (c) of Section 12-2 of the
3 Criminal Code of 1961 or the Criminal Code of 2012 if the
4 firearm is aimed toward the person against whom the
5 firearm is being used.
6 (EE) A conviction for a violation of paragraph (2) of
7 subsection (a) of Section 24-3B of the Criminal Code of
8 2012.
9 (3) (Blank).
10 (4) A minimum term of imprisonment of not less than 10
11consecutive days or 30 days of community service shall be
12imposed for a violation of paragraph (c) of Section 6-303 of
13the Illinois Vehicle Code.
14 (4.1) (Blank).
15 (4.2) Except as provided in paragraphs (4.3) and (4.8) of
16this subsection (c), a minimum of 100 hours of community
17service shall be imposed for a second violation of Section
186-303 of the Illinois Vehicle Code.
19 (4.3) A minimum term of imprisonment of 30 days or 300
20hours of community service, as determined by the court, shall
21be imposed for a second violation of subsection (c) of Section
226-303 of the Illinois Vehicle Code.
23 (4.4) Except as provided in paragraphs (4.5), (4.6), and
24(4.9) of this subsection (c), a minimum term of imprisonment
25of 30 days or 300 hours of community service, as determined by
26the court, shall be imposed for a third or subsequent

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1violation of Section 6-303 of the Illinois Vehicle Code. The
2court may give credit toward the fulfillment of community
3service hours for participation in activities and treatment as
4determined by court services.
5 (4.5) A minimum term of imprisonment of 30 days shall be
6imposed for a third violation of subsection (c) of Section
76-303 of the Illinois Vehicle Code.
8 (4.6) Except as provided in paragraph (4.10) of this
9subsection (c), a minimum term of imprisonment of 180 days
10shall be imposed for a fourth or subsequent violation of
11subsection (c) of Section 6-303 of the Illinois Vehicle Code.
12 (4.7) A minimum term of imprisonment of not less than 30
13consecutive days, or 300 hours of community service, shall be
14imposed for a violation of subsection (a-5) of Section 6-303
15of the Illinois Vehicle Code, as provided in subsection (b-5)
16of that Section.
17 (4.8) A mandatory prison sentence shall be imposed for a
18second violation of subsection (a-5) of Section 6-303 of the
19Illinois Vehicle Code, as provided in subsection (c-5) of that
20Section. The person's driving privileges shall be revoked for
21a period of not less than 5 years from the date of his or her
22release from prison.
23 (4.9) A mandatory prison sentence of not less than 4 and
24not more than 15 years shall be imposed for a third violation
25of subsection (a-5) of Section 6-303 of the Illinois Vehicle
26Code, as provided in subsection (d-2.5) of that Section. The

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1person's driving privileges shall be revoked for the remainder
2of his or her life.
3 (4.10) A mandatory prison sentence for a Class 1 felony
4shall be imposed, and the person shall be eligible for an
5extended term sentence, for a fourth or subsequent violation
6of subsection (a-5) of Section 6-303 of the Illinois Vehicle
7Code, as provided in subsection (d-3.5) of that Section. The
8person's driving privileges shall be revoked for the remainder
9of his or her life.
10 (5) The court may sentence a corporation or unincorporated
11association convicted of any offense to:
12 (A) a period of conditional discharge;
13 (B) a fine;
14 (C) make restitution to the victim under Section 5-5-6
15 of this Code.
16 (5.1) In addition to any other penalties imposed, and
17except as provided in paragraph (5.2) or (5.3), a person
18convicted of violating subsection (c) of Section 11-907 of the
19Illinois Vehicle Code shall have his or her driver's license,
20permit, or privileges suspended for at least 90 days but not
21more than one year, if the violation resulted in damage to the
22property of another person.
23 (5.2) In addition to any other penalties imposed, and
24except as provided in paragraph (5.3), a person convicted of
25violating subsection (c) of Section 11-907 of the Illinois
26Vehicle Code shall have his or her driver's license, permit,

HB4190- 91 -LRB102 21018 RLC 30103 b
1or privileges suspended for at least 180 days but not more than
22 years, if the violation resulted in injury to another
3person.
4 (5.3) In addition to any other penalties imposed, a person
5convicted of violating subsection (c) of Section 11-907 of the
6Illinois Vehicle Code shall have his or her driver's license,
7permit, or privileges suspended for 2 years, if the violation
8resulted in the death of another person.
9 (5.4) In addition to any other penalties imposed, a person
10convicted of violating Section 3-707 of the Illinois Vehicle
11Code shall have his or her driver's license, permit, or
12privileges suspended for 3 months and until he or she has paid
13a reinstatement fee of $100.
14 (5.5) In addition to any other penalties imposed, a person
15convicted of violating Section 3-707 of the Illinois Vehicle
16Code during a period in which his or her driver's license,
17permit, or privileges were suspended for a previous violation
18of that Section shall have his or her driver's license,
19permit, or privileges suspended for an additional 6 months
20after the expiration of the original 3-month suspension and
21until he or she has paid a reinstatement fee of $100.
22 (6) (Blank).
23 (7) (Blank).
24 (8) (Blank).
25 (9) A defendant convicted of a second or subsequent
26offense of ritualized abuse of a child may be sentenced to a

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1term of natural life imprisonment.
2 (10) (Blank).
3 (11) The court shall impose a minimum fine of $1,000 for a
4first offense and $2,000 for a second or subsequent offense
5upon a person convicted of or placed on supervision for
6battery when the individual harmed was a sports official or
7coach at any level of competition and the act causing harm to
8the sports official or coach occurred within an athletic
9facility or within the immediate vicinity of the athletic
10facility at which the sports official or coach was an active
11participant of the athletic contest held at the athletic
12facility. For the purposes of this paragraph (11), "sports
13official" means a person at an athletic contest who enforces
14the rules of the contest, such as an umpire or referee;
15"athletic facility" means an indoor or outdoor playing field
16or recreational area where sports activities are conducted;
17and "coach" means a person recognized as a coach by the
18sanctioning authority that conducted the sporting event.
19 (12) A person may not receive a disposition of court
20supervision for a violation of Section 5-16 of the Boat
21Registration and Safety Act if that person has previously
22received a disposition of court supervision for a violation of
23that Section.
24 (13) A person convicted of or placed on court supervision
25for an assault or aggravated assault when the victim and the
26offender are family or household members as defined in Section

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1103 of the Illinois Domestic Violence Act of 1986 or convicted
2of domestic battery or aggravated domestic battery may be
3required to attend a Partner Abuse Intervention Program under
4protocols set forth by the Illinois Department of Human
5Services under such terms and conditions imposed by the court.
6The costs of such classes shall be paid by the offender.
7 (d) In any case in which a sentence originally imposed is
8vacated, the case shall be remanded to the trial court. The
9trial court shall hold a hearing under Section 5-4-1 of this
10Code which may include evidence of the defendant's life, moral
11character and occupation during the time since the original
12sentence was passed. The trial court shall then impose
13sentence upon the defendant. The trial court may impose any
14sentence which could have been imposed at the original trial
15subject to Section 5-5-4 of this Code. If a sentence is vacated
16on appeal or on collateral attack due to the failure of the
17trier of fact at trial to determine beyond a reasonable doubt
18the existence of a fact (other than a prior conviction)
19necessary to increase the punishment for the offense beyond
20the statutory maximum otherwise applicable, either the
21defendant may be re-sentenced to a term within the range
22otherwise provided or, if the State files notice of its
23intention to again seek the extended sentence, the defendant
24shall be afforded a new trial.
25 (e) In cases where prosecution for aggravated criminal
26sexual abuse under Section 11-1.60 or 12-16 of the Criminal

HB4190- 94 -LRB102 21018 RLC 30103 b
1Code of 1961 or the Criminal Code of 2012 results in conviction
2of a defendant who was a family member of the victim at the
3time of the commission of the offense, the court shall
4consider the safety and welfare of the victim and may impose a
5sentence of probation only where:
6 (1) the court finds (A) or (B) or both are
7 appropriate:
8 (A) the defendant is willing to undergo a court
9 approved counseling program for a minimum duration of
10 2 years; or
11 (B) the defendant is willing to participate in a
12 court approved plan including but not limited to the
13 defendant's:
14 (i) removal from the household;
15 (ii) restricted contact with the victim;
16 (iii) continued financial support of the
17 family;
18 (iv) restitution for harm done to the victim;
19 and
20 (v) compliance with any other measures that
21 the court may deem appropriate; and
22 (2) the court orders the defendant to pay for the
23 victim's counseling services, to the extent that the court
24 finds, after considering the defendant's income and
25 assets, that the defendant is financially capable of
26 paying for such services, if the victim was under 18 years

HB4190- 95 -LRB102 21018 RLC 30103 b
1 of age at the time the offense was committed and requires
2 counseling as a result of the offense.
3 Probation may be revoked or modified pursuant to Section
45-6-4; except where the court determines at the hearing that
5the defendant violated a condition of his or her probation
6restricting contact with the victim or other family members or
7commits another offense with the victim or other family
8members, the court shall revoke the defendant's probation and
9impose a term of imprisonment.
10 For the purposes of this Section, "family member" and
11"victim" shall have the meanings ascribed to them in Section
1211-0.1 of the Criminal Code of 2012.
13 (f) (Blank).
14 (g) Whenever a defendant is convicted of an offense under
15Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-14,
1611-14.3, 11-14.4 except for an offense that involves keeping a
17place of juvenile prostitution, 11-15, 11-15.1, 11-16, 11-17,
1811-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 12-13, 12-14,
1912-14.1, 12-15 or 12-16 of the Criminal Code of 1961 or the
20Criminal Code of 2012, the defendant shall undergo medical
21testing to determine whether the defendant has any sexually
22transmissible disease, including a test for infection with
23human immunodeficiency virus (HIV) or any other identified
24causative agent of acquired immunodeficiency syndrome (AIDS).
25Any such medical test shall be performed only by appropriately
26licensed medical practitioners and may include an analysis of

HB4190- 96 -LRB102 21018 RLC 30103 b
1any bodily fluids as well as an examination of the defendant's
2person. Except as otherwise provided by law, the results of
3such test shall be kept strictly confidential by all medical
4personnel involved in the testing and must be personally
5delivered in a sealed envelope to the judge of the court in
6which the conviction was entered for the judge's inspection in
7camera. Acting in accordance with the best interests of the
8victim and the public, the judge shall have the discretion to
9determine to whom, if anyone, the results of the testing may be
10revealed. The court shall notify the defendant of the test
11results. The court shall also notify the victim if requested
12by the victim, and if the victim is under the age of 15 and if
13requested by the victim's parents or legal guardian, the court
14shall notify the victim's parents or legal guardian of the
15test results. The court shall provide information on the
16availability of HIV testing and counseling at Department of
17Public Health facilities to all parties to whom the results of
18the testing are revealed and shall direct the State's Attorney
19to provide the information to the victim when possible. A
20State's Attorney may petition the court to obtain the results
21of any HIV test administered under this Section, and the court
22shall grant the disclosure if the State's Attorney shows it is
23relevant in order to prosecute a charge of criminal
24transmission of HIV under Section 12-5.01 or 12-16.2 of the
25Criminal Code of 1961 or the Criminal Code of 2012 against the
26defendant. The court shall order that the cost of any such test

HB4190- 97 -LRB102 21018 RLC 30103 b
1shall be paid by the county and may be taxed as costs against
2the convicted defendant.
3 (g-5) When an inmate is tested for an airborne
4communicable disease, as determined by the Illinois Department
5of Public Health including but not limited to tuberculosis,
6the results of the test shall be personally delivered by the
7warden or his or her designee in a sealed envelope to the judge
8of the court in which the inmate must appear for the judge's
9inspection in camera if requested by the judge. Acting in
10accordance with the best interests of those in the courtroom,
11the judge shall have the discretion to determine what if any
12precautions need to be taken to prevent transmission of the
13disease in the courtroom.
14 (h) Whenever a defendant is convicted of an offense under
15Section 1 or 2 of the Hypodermic Syringes and Needles Act, the
16defendant shall undergo medical testing to determine whether
17the defendant has been exposed to human immunodeficiency virus
18(HIV) or any other identified causative agent of acquired
19immunodeficiency syndrome (AIDS). Except as otherwise provided
20by law, the results of such test shall be kept strictly
21confidential by all medical personnel involved in the testing
22and must be personally delivered in a sealed envelope to the
23judge of the court in which the conviction was entered for the
24judge's inspection in camera. Acting in accordance with the
25best interests of the public, the judge shall have the
26discretion to determine to whom, if anyone, the results of the

HB4190- 98 -LRB102 21018 RLC 30103 b
1testing may be revealed. The court shall notify the defendant
2of a positive test showing an infection with the human
3immunodeficiency virus (HIV). The court shall provide
4information on the availability of HIV testing and counseling
5at Department of Public Health facilities to all parties to
6whom the results of the testing are revealed and shall direct
7the State's Attorney to provide the information to the victim
8when possible. A State's Attorney may petition the court to
9obtain the results of any HIV test administered under this
10Section, and the court shall grant the disclosure if the
11State's Attorney shows it is relevant in order to prosecute a
12charge of criminal transmission of HIV under Section 12-5.01
13or 12-16.2 of the Criminal Code of 1961 or the Criminal Code of
142012 against the defendant. The court shall order that the
15cost of any such test shall be paid by the county and may be
16taxed as costs against the convicted defendant.
17 (i) All fines and penalties imposed under this Section for
18any violation of Chapters 3, 4, 6, and 11 of the Illinois
19Vehicle Code, or a similar provision of a local ordinance, and
20any violation of the Child Passenger Protection Act, or a
21similar provision of a local ordinance, shall be collected and
22disbursed by the circuit clerk as provided under the Criminal
23and Traffic Assessment Act.
24 (j) In cases when prosecution for any violation of Section
2511-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-8, 11-9,
2611-11, 11-14, 11-14.3, 11-14.4, 11-15, 11-15.1, 11-16, 11-17,

HB4190- 99 -LRB102 21018 RLC 30103 b
111-17.1, 11-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 11-20.1,
211-20.1B, 11-20.3, 11-21, 11-30, 11-40, 12-13, 12-14, 12-14.1,
312-15, or 12-16 of the Criminal Code of 1961 or the Criminal
4Code of 2012, any violation of the Illinois Controlled
5Substances Act, any violation of the Cannabis Control Act, or
6any violation of the Methamphetamine Control and Community
7Protection Act results in conviction, a disposition of court
8supervision, or an order of probation granted under Section 10
9of the Cannabis Control Act, Section 410 of the Illinois
10Controlled Substances Act, or Section 70 of the
11Methamphetamine Control and Community Protection Act of a
12defendant, the court shall determine whether the defendant is
13employed by a facility or center as defined under the Child
14Care Act of 1969, a public or private elementary or secondary
15school, or otherwise works with children under 18 years of age
16on a daily basis. When a defendant is so employed, the court
17shall order the Clerk of the Court to send a copy of the
18judgment of conviction or order of supervision or probation to
19the defendant's employer by certified mail. If the employer of
20the defendant is a school, the Clerk of the Court shall direct
21the mailing of a copy of the judgment of conviction or order of
22supervision or probation to the appropriate regional
23superintendent of schools. The regional superintendent of
24schools shall notify the State Board of Education of any
25notification under this subsection.
26 (j-5) A defendant at least 17 years of age who is convicted

HB4190- 100 -LRB102 21018 RLC 30103 b
1of a felony and who has not been previously convicted of a
2misdemeanor or felony and who is sentenced to a term of
3imprisonment in the Illinois Department of Corrections shall
4as a condition of his or her sentence be required by the court
5to attend educational courses designed to prepare the
6defendant for a high school diploma and to work toward a high
7school diploma or to work toward passing high school
8equivalency testing or to work toward completing a vocational
9training program offered by the Department of Corrections. If
10a defendant fails to complete the educational training
11required by his or her sentence during the term of
12incarceration, the Prisoner Review Board shall, as a condition
13of mandatory supervised release, require the defendant, at his
14or her own expense, to pursue a course of study toward a high
15school diploma or passage of high school equivalency testing.
16The Prisoner Review Board shall revoke the mandatory
17supervised release of a defendant who wilfully fails to comply
18with this subsection (j-5) upon his or her release from
19confinement in a penal institution while serving a mandatory
20supervised release term; however, the inability of the
21defendant after making a good faith effort to obtain financial
22aid or pay for the educational training shall not be deemed a
23wilful failure to comply. The Prisoner Review Board shall
24recommit the defendant whose mandatory supervised release term
25has been revoked under this subsection (j-5) as provided in
26Section 3-3-9. This subsection (j-5) does not apply to a

HB4190- 101 -LRB102 21018 RLC 30103 b
1defendant who has a high school diploma or has successfully
2passed high school equivalency testing. This subsection (j-5)
3does not apply to a defendant who is determined by the court to
4be a person with a developmental disability or otherwise
5mentally incapable of completing the educational or vocational
6program.
7 (k) (Blank).
8 (l) (A) Except as provided in paragraph (C) of subsection
9(l), whenever a defendant, who is an alien as defined by the
10Immigration and Nationality Act, is convicted of any felony or
11misdemeanor offense, the court after sentencing the defendant
12may, upon motion of the State's Attorney, hold sentence in
13abeyance and remand the defendant to the custody of the
14Attorney General of the United States or his or her designated
15agent to be deported when:
16 (1) a final order of deportation has been issued
17 against the defendant pursuant to proceedings under the
18 Immigration and Nationality Act, and
19 (2) the deportation of the defendant would not
20 deprecate the seriousness of the defendant's conduct and
21 would not be inconsistent with the ends of justice.
22 Otherwise, the defendant shall be sentenced as provided in
23this Chapter V.
24 (B) If the defendant has already been sentenced for a
25felony or misdemeanor offense, or has been placed on probation
26under Section 10 of the Cannabis Control Act, Section 410 of

HB4190- 102 -LRB102 21018 RLC 30103 b
1the Illinois Controlled Substances Act, or Section 70 of the
2Methamphetamine Control and Community Protection Act, the
3court may, upon motion of the State's Attorney to suspend the
4sentence imposed, commit the defendant to the custody of the
5Attorney General of the United States or his or her designated
6agent when:
7 (1) a final order of deportation has been issued
8 against the defendant pursuant to proceedings under the
9 Immigration and Nationality Act, and
10 (2) the deportation of the defendant would not
11 deprecate the seriousness of the defendant's conduct and
12 would not be inconsistent with the ends of justice.
13 (C) This subsection (l) does not apply to offenders who
14are subject to the provisions of paragraph (2) of subsection
15(a) of Section 3-6-3.
16 (D) Upon motion of the State's Attorney, if a defendant
17sentenced under this Section returns to the jurisdiction of
18the United States, the defendant shall be recommitted to the
19custody of the county from which he or she was sentenced.
20Thereafter, the defendant shall be brought before the
21sentencing court, which may impose any sentence that was
22available under Section 5-5-3 at the time of initial
23sentencing. In addition, the defendant shall not be eligible
24for additional earned sentence credit as provided under
25Section 3-6-3.
26 (m) A person convicted of criminal defacement of property

HB4190- 103 -LRB102 21018 RLC 30103 b
1under Section 21-1.3 of the Criminal Code of 1961 or the
2Criminal Code of 2012, in which the property damage exceeds
3$300 and the property damaged is a school building, shall be
4ordered to perform community service that may include cleanup,
5removal, or painting over the defacement.
6 (n) The court may sentence a person convicted of a
7violation of Section 12-19, 12-21, 16-1.3, or 17-56, or
8subsection (a) or (b) of Section 12-4.4a, of the Criminal Code
9of 1961 or the Criminal Code of 2012 (i) to an impact
10incarceration program if the person is otherwise eligible for
11that program under Section 5-8-1.1, (ii) to community service,
12or (iii) if the person has a substance use disorder, as defined
13in the Substance Use Disorder Act, to a treatment program
14licensed under that Act.
15 (o) Whenever a person is convicted of a sex offense as
16defined in Section 2 of the Sex Offender Registration Act, the
17defendant's driver's license or permit shall be subject to
18renewal on an annual basis in accordance with the provisions
19of license renewal established by the Secretary of State.
20(Source: P.A. 100-575, eff. 1-8-18; 100-759, eff. 1-1-19;
21100-987, eff. 7-1-19; 101-81, eff. 7-12-19.)
22 (730 ILCS 5/5-8-4) (from Ch. 38, par. 1005-8-4)
23 Sec. 5-8-4. Concurrent and consecutive terms of
24imprisonment.
25 (a) Concurrent terms; multiple or additional sentences.

HB4190- 104 -LRB102 21018 RLC 30103 b
1When an Illinois court (i) imposes multiple sentences of
2imprisonment on a defendant at the same time or (ii) imposes a
3sentence of imprisonment on a defendant who is already subject
4to a sentence of imprisonment imposed by an Illinois court, a
5court of another state, or a federal court, then the sentences
6shall run concurrently unless otherwise determined by the
7Illinois court under this Section.
8 (b) Concurrent terms; misdemeanor and felony. A defendant
9serving a sentence for a misdemeanor who is convicted of a
10felony and sentenced to imprisonment shall be transferred to
11the Department of Corrections, and the misdemeanor sentence
12shall be merged in and run concurrently with the felony
13sentence.
14 (c) Consecutive terms; permissive. The court may impose
15consecutive sentences in any of the following circumstances:
16 (1) If, having regard to the nature and circumstances
17 of the offense and the history and character of the
18 defendant, it is the opinion of the court that consecutive
19 sentences are required to protect the public from further
20 criminal conduct by the defendant, the basis for which the
21 court shall set forth in the record.
22 (2) If one of the offenses for which a defendant was
23 convicted was a violation of Section 32-5.2 (aggravated
24 false personation of a peace officer) of the Criminal Code
25 of 1961 (720 ILCS 5/32-5.2) or a violation of subdivision
26 (b)(5) or (b)(6) of Section 17-2 of the Criminal Code of

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1 1961 or the Criminal Code of 2012 (720 ILCS 5/17-2) and the
2 offense was committed in attempting or committing a
3 forcible felony.
4 (d) Consecutive terms; mandatory. The court shall impose
5consecutive sentences in each of the following circumstances:
6 (1) One of the offenses for which the defendant was
7 convicted was first degree murder or a Class X or Class 1
8 felony and the defendant inflicted severe bodily injury.
9 (2) The defendant was convicted of a violation of
10 Section 11-1.20 or 12-13 (criminal sexual assault),
11 11-1.30 or 12-14 (aggravated criminal sexual assault), or
12 11-1.40 or 12-14.1 (predatory criminal sexual assault of a
13 child) of the Criminal Code of 1961 or the Criminal Code of
14 2012 (720 ILCS 5/11-20.1, 5/11-20.1B, 5/11-20.3,
15 5/11-1.20, 5/12-13, 5/11-1.30, 5/12-14, 5/11-1.40, or
16 5/12-14.1).
17 (2.5) The defendant was convicted of a violation of
18 paragraph (1), (2), (3), (4), (5), or (7) of subsection
19 (a) of Section 11-20.1 (child pornography) or of paragraph
20 (1), (2), (3), (4), (5), or (7) of subsection (a) of
21 Section 11-20.1B or 11-20.3 (aggravated child pornography)
22 of the Criminal Code of 1961 or the Criminal Code of 2012;
23 or the defendant was convicted of a violation of paragraph
24 (6) of subsection (a) of Section 11-20.1 (child
25 pornography) or of paragraph (6) of subsection (a) of
26 Section 11-20.1B or 11-20.3 (aggravated child pornography)

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1 of the Criminal Code of 1961 or the Criminal Code of 2012,
2 when the child depicted is under the age of 13.
3 (3) The defendant was convicted of armed violence
4 based upon the predicate offense of any of the following:
5 solicitation of murder, solicitation of murder for hire,
6 heinous battery as described in Section 12-4.1 or
7 subdivision (a)(2) of Section 12-3.05, aggravated battery
8 of a senior citizen as described in Section 12-4.6 or
9 subdivision (a)(4) of Section 12-3.05, criminal sexual
10 assault, a violation of subsection (g) of Section 5 of the
11 Cannabis Control Act (720 ILCS 550/5), cannabis
12 trafficking, a violation of subsection (a) of Section 401
13 of the Illinois Controlled Substances Act (720 ILCS
14 570/401), controlled substance trafficking involving a
15 Class X felony amount of controlled substance under
16 Section 401 of the Illinois Controlled Substances Act (720
17 ILCS 570/401), a violation of the Methamphetamine Control
18 and Community Protection Act (720 ILCS 646/), calculated
19 criminal drug conspiracy, or streetgang criminal drug
20 conspiracy.
21 (4) The defendant was convicted of the offense of
22 leaving the scene of a motor vehicle accident involving
23 death or personal injuries under Section 11-401 of the
24 Illinois Vehicle Code (625 ILCS 5/11-401) and either: (A)
25 aggravated driving under the influence of alcohol, other
26 drug or drugs, or intoxicating compound or compounds, or

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1 any combination thereof under Section 11-501 of the
2 Illinois Vehicle Code (625 ILCS 5/11-501), (B) reckless
3 homicide under Section 9-3 of the Criminal Code of 1961 or
4 the Criminal Code of 2012 (720 ILCS 5/9-3), or (C) both an
5 offense described in item (A) and an offense described in
6 item (B).
7 (5) The defendant was convicted of a violation of
8 Section 9-3.1 or Section 9-3.4 (concealment of homicidal
9 death) or Section 12-20.5 (dismembering a human body) of
10 the Criminal Code of 1961 or the Criminal Code of 2012 (720
11 ILCS 5/9-3.1 or 5/12-20.5).
12 (5.5) The defendant was convicted of a violation of
13 Section 24-3.7 (use of a stolen or illegally acquired
14 firearm in the commission of an offense) of the Criminal
15 Code of 1961 or the Criminal Code of 2012.
16 (6) If the defendant was in the custody of the
17 Department of Corrections at the time of the commission of
18 the offense, the sentence shall be served consecutive to
19 the sentence under which the defendant is held by the
20 Department of Corrections. If, however, the defendant is
21 sentenced to punishment by death, the sentence shall be
22 executed at such time as the court may fix without regard
23 to the sentence under which the defendant may be held by
24 the Department.
25 (7) A sentence under Section 3-6-4 (730 ILCS 5/3-6-4)
26 for escape or attempted escape shall be served consecutive

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1 to the terms under which the offender is held by the
2 Department of Corrections.
3 (8) If a person charged with a felony commits a
4 separate felony while on pretrial release or in pretrial
5 detention in a county jail facility or county detention
6 facility, then the sentences imposed upon conviction of
7 these felonies shall be served consecutively regardless of
8 the order in which the judgments of conviction are
9 entered.
10 (8.5) If a person commits a battery against a county
11 correctional officer or sheriff's employee while serving a
12 sentence or in pretrial detention in a county jail
13 facility, then the sentence imposed upon conviction of the
14 battery shall be served consecutively with the sentence
15 imposed upon conviction of the earlier misdemeanor or
16 felony, regardless of the order in which the judgments of
17 conviction are entered.
18 (9) If a person admitted to bail following conviction
19 of a felony commits a separate felony while free on bond or
20 if a person detained in a county jail facility or county
21 detention facility following conviction of a felony
22 commits a separate felony while in detention, then any
23 sentence following conviction of the separate felony shall
24 be consecutive to that of the original sentence for which
25 the defendant was on bond or detained.
26 (10) If a person is found to be in possession of an

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1 item of contraband, as defined in Section 31A-0.1 of the
2 Criminal Code of 2012, while serving a sentence in a
3 county jail or while in pre-trial detention in a county
4 jail, the sentence imposed upon conviction for the offense
5 of possessing contraband in a penal institution shall be
6 served consecutively to the sentence imposed for the
7 offense in which the person is serving sentence in the
8 county jail or serving pretrial detention, regardless of
9 the order in which the judgments of conviction are
10 entered.
11 (11) If a person is sentenced for a violation of bail
12 bond under Section 32-10 of the Criminal Code of 1961 or
13 the Criminal Code of 2012, any sentence imposed for that
14 violation shall be served consecutive to the sentence
15 imposed for the charge for which bail had been granted and
16 with respect to which the defendant has been convicted.
17 (e) Consecutive terms; subsequent non-Illinois term. If an
18Illinois court has imposed a sentence of imprisonment on a
19defendant and the defendant is subsequently sentenced to a
20term of imprisonment by a court of another state or a federal
21court, then the Illinois sentence shall run consecutively to
22the sentence imposed by the court of the other state or the
23federal court. That same Illinois court, however, may order
24that the Illinois sentence run concurrently with the sentence
25imposed by the court of the other state or the federal court,
26but only if the defendant applies to that same Illinois court

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1within 30 days after the sentence imposed by the court of the
2other state or the federal court is finalized.
3 (f) Consecutive terms; aggregate maximums and minimums.
4The aggregate maximum and aggregate minimum of consecutive
5sentences shall be determined as follows:
6 (1) For sentences imposed under law in effect prior to
7 February 1, 1978, the aggregate maximum of consecutive
8 sentences shall not exceed the maximum term authorized
9 under Section 5-8-1 (730 ILCS 5/5-8-1) or Article 4.5 of
10 Chapter V for the 2 most serious felonies involved. The
11 aggregate minimum period of consecutive sentences shall
12 not exceed the highest minimum term authorized under
13 Section 5-8-1 (730 ILCS 5/5-8-1) or Article 4.5 of Chapter
14 V for the 2 most serious felonies involved. When sentenced
15 only for misdemeanors, a defendant shall not be
16 consecutively sentenced to more than the maximum for one
17 Class A misdemeanor.
18 (2) For sentences imposed under the law in effect on
19 or after February 1, 1978, the aggregate of consecutive
20 sentences for offenses that were committed as part of a
21 single course of conduct during which there was no
22 substantial change in the nature of the criminal objective
23 shall not exceed the sum of the maximum terms authorized
24 under Article 4.5 of Chapter V for the 2 most serious
25 felonies involved, but no such limitation shall apply for
26 offenses that were not committed as part of a single

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1 course of conduct during which there was no substantial
2 change in the nature of the criminal objective. When
3 sentenced only for misdemeanors, a defendant shall not be
4 consecutively sentenced to more than the maximum for one
5 Class A misdemeanor.
6 (g) Consecutive terms; manner served. In determining the
7manner in which consecutive sentences of imprisonment, one or
8more of which is for a felony, will be served, the Department
9of Corrections shall treat the defendant as though he or she
10had been committed for a single term subject to each of the
11following:
12 (1) The maximum period of a term of imprisonment shall
13 consist of the aggregate of the maximums of the imposed
14 indeterminate terms, if any, plus the aggregate of the
15 imposed determinate sentences for felonies, plus the
16 aggregate of the imposed determinate sentences for
17 misdemeanors, subject to subsection (f) of this Section.
18 (2) The parole or mandatory supervised release term
19 shall be as provided in paragraph (e) of Section 5-4.5-50
20 (730 ILCS 5/5-4.5-50) for the most serious of the offenses
21 involved.
22 (3) The minimum period of imprisonment shall be the
23 aggregate of the minimum and determinate periods of
24 imprisonment imposed by the court, subject to subsection
25 (f) of this Section.
26 (4) The defendant shall be awarded credit against the

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1 aggregate maximum term and the aggregate minimum term of
2 imprisonment for all time served in an institution since
3 the commission of the offense or offenses and as a
4 consequence thereof at the rate specified in Section 3-6-3
5 (730 ILCS 5/3-6-3).
6 (h) Notwithstanding any other provisions of this Section,
7all sentences imposed by an Illinois court under this Code
8shall run concurrent to any and all sentences imposed under
9the Juvenile Court Act of 1987.
10(Source: P.A. 102-350, eff. 8-13-21.)
11 Section 995. No acceleration or delay. Where this Act
12makes changes in a statute that is represented in this Act by
13text that is not yet or no longer in effect (for example, a
14Section represented by multiple versions), the use of that
15text does not accelerate or delay the taking effect of (i) the
16changes made by this Act or (ii) provisions derived from any
17other Public Act.
18 Section 999. Effective date. This Section and Sections 95
19and 100 take effect upon becoming law.

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1 INDEX
2 Statutes amended in order of appearance