103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4500

Introduced , by Rep. Kam Buckner

SYNOPSIS AS INTRODUCED:

See Index

Amends the Criminal Code of 2012. Changes the names of the offenses of unlawful use of weapons, unlawful use of weapons by felons or persons in the custody of the Department of Corrections facilities, aggravated unlawful use of a weapon, being an armed habitual criminal, unlawful use of firearm projectiles, and unlawful use of a firearm in the shape of a wireless telephone to unlawful possession of weapons, unlawful possession of weapons by felons or persons in the custody of the Department of Corrections facilities, aggravated unlawful possession of a weapon, persistent unlawful possession of a weapon, unlawful possession of firearm projectiles, and unlawful possession of a firearm in the shape of a wireless telephone. Provides that if any person before the effective date of the amendatory Act has been arrested, charged, prosecuted, convicted, or sentenced for unlawful use of weapons, unlawful use or possession of weapons by felons or persons in the custody of the Department of Corrections facilities, aggravated unlawful use of a weapon, being an armed habitual criminal, unlawful use of firearm projectiles, or unlawful use of a firearm in the shape of a wireless telephone, the changes of the names and the defendants to unlawful possession of weapons, unlawful possession of weapons by felons or persons in the custody of the Department of Corrections facilities, aggravated unlawful possession of a weapon, persistent unlawful possession of a weapon, unlawful possession of firearm projectiles, and unlawful possession of a firearm in the shape of a wireless telephone, shall retroactively be made in any criminal background records maintained by the Illinois State Police, law enforcement agencies, clerks of the circuit court, and any other State agencies providing criminal background information to the public under specified timelines. Amends various Acts to make conforming changes. Effective January 1, 2025.

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A BILL FOR

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1 AN ACT concerning criminal law.

2 Be it enacted by the People of the State of Illinois,

3 represented in the General Assembly:

4 Section 5. The Child Care Act of 1969 is amended by

5 changing Section 4.2 as follows:

6 (225 ILCS 10/4.2) (from Ch. 23, par. 2214.2)

7 Sec. 4.2. (a) No applicant may receive a license from the

8 Department and no person may be employed by a licensed child

9 care facility who refuses to authorize an investigation as

10 required by Section 4.1.

11 (b) In addition to the other provisions of this Section,

12 no applicant may receive a license from the Department and no

13 person may be employed by a child care facility licensed by the

14 Department who has been declared a sexually dangerous person

15 under the Sexually Dangerous Persons Act, or convicted of

16 committing or attempting to commit any of the following

17 offenses stipulated under the Criminal Code of 1961 or the

18 Criminal Code of 2012:

19 (1) murder;

20 (1.1) solicitation of murder;

21 (1.2) solicitation of murder for hire;

22 (1.3) intentional homicide of an unborn child;

23 (1.4) voluntary manslaughter of an unborn child;

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1 (1.5) involuntary manslaughter;

2 (1.6) reckless homicide;

3 (1.7) concealment of a homicidal death;

4 (1.8) involuntary manslaughter of an unborn child;

5 (1.9) reckless homicide of an unborn child;

6 (1.10) drug-induced homicide;

7 (2) a sex offense under Article 11, except offenses

8 described in Sections 11-7, 11-8, 11-12, 11-13, 11-35,

9 11-40, and 11-45;

10 (3) kidnapping;

11 (3.1) aggravated unlawful restraint;

12 (3.2) forcible detention;

13 (3.3) harboring a runaway;

14 (3.4) aiding and abetting child abduction;

15 (4) aggravated kidnapping;

16 (5) child abduction;

17 (6) aggravated battery of a child as described in

18 Section 12-4.3 or subdivision (b)(1) of Section 12-3.05;

19 (7) criminal sexual assault;

20 (8) aggravated criminal sexual assault;

21 (8.1) predatory criminal sexual assault of a child;

22 (9) criminal sexual abuse;

23 (10) aggravated sexual abuse;

24 (11) heinous battery as described in Section 12-4.1 or

25 subdivision (a)(2) of Section 12-3.05;

26 (12) aggravated battery with a firearm as described in

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1 Section 12-4.2 or subdivision (e)(1), (e)(2), (e)(3), or

2 (e)(4) of Section 12-3.05;

3 (13) tampering with food, drugs, or cosmetics;

4 (14) drug induced infliction of great bodily harm as

5 described in Section 12-4.7 or subdivision (g)(1) of

6 Section 12-3.05;

7 (15) hate crime;

8 (16) stalking;

9 (17) aggravated stalking;

10 (18) threatening public officials;

11 (19) home invasion;

12 (20) vehicular invasion;

13 (21) criminal transmission of HIV;

14 (22) criminal abuse or neglect of an elderly person or

15 person with a disability as described in Section 12-21 or

16 subsection (e) of Section 12-4.4a;

17 (23) child abandonment;

18 (24) endangering the life or health of a child;

19 (25) ritual mutilation;

20 (26) ritualized abuse of a child;

21 (27) an offense in any other jurisdiction the elements

22 of which are similar and bear a substantial relationship

23 to any of the foregoing offenses.

24 (b-1) In addition to the other provisions of this Section,

25 beginning January 1, 2004, no new applicant and, on the date of

26 licensure renewal, no current licensee may operate or receive

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1 a license from the Department to operate, no person may be

2 employed by, and no adult person may reside in a child care

3 facility licensed by the Department who has been convicted of

4 committing or attempting to commit any of the following

5 offenses or an offense in any other jurisdiction the elements

6 of which are similar and bear a substantial relationship to

7 any of the following offenses:

8 (I) BODILY HARM

9 (1) Felony aggravated assault.

10 (2) Vehicular endangerment.

11 (3) Felony domestic battery.

12 (4) Aggravated battery.

13 (5) Heinous battery.

14 (6) Aggravated battery with a firearm.

15 (7) Aggravated battery of an unborn child.

16 (8) Aggravated battery of a senior citizen.

17 (9) Intimidation.

18 (10) Compelling organization membership of persons.

19 (11) Abuse and criminal neglect of a long term care

20 facility resident.

21 (12) Felony violation of an order of protection.

22 (II) OFFENSES AFFECTING PUBLIC HEALTH, SAFETY, AND DECENCY

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1 (1) Felony unlawful possession ~~use~~ of weapons.

2 (2) Aggravated discharge of a firearm.

3 (3) Reckless discharge of a firearm.

4 (4) Unlawful use of metal piercing bullets.

5 (5) Unlawful sale or delivery of firearms on the

6 premises of any school.

7 (6) Disarming a police officer.

8 (7) Obstructing justice.

9 (8) Concealing or aiding a fugitive.

10 (9) Armed violence.

11 (10) Felony contributing to the criminal delinquency

12 of a juvenile.

13 (III) DRUG OFFENSES

14 (1) Possession of more than 30 grams of cannabis.

15 (2) Manufacture of more than 10 grams of cannabis.

16 (3) Cannabis trafficking.

17 (4) Delivery of cannabis on school grounds.

18 (5) Unauthorized production of more than 5 cannabis

19 sativa plants.

20 (6) Calculated criminal cannabis conspiracy.

21 (7) Unauthorized manufacture or delivery of controlled

22 substances.

23 (8) Controlled substance trafficking.

24 (9) Manufacture, distribution, or advertisement of

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1 look-alike substances.

2 (10) Calculated criminal drug conspiracy.

3 (11) Street gang criminal drug conspiracy.

4 (12) Permitting unlawful use of a building.

5 (13) Delivery of controlled, counterfeit, or

6 look-alike substances to persons under age 18, or at truck

7 stops, rest stops, or safety rest areas, or on school

8 property.

9 (14) Using, engaging, or employing persons under 18 to

10 deliver controlled, counterfeit, or look-alike substances.

11 (15) Delivery of controlled substances.

12 (16) Sale or delivery of drug paraphernalia.

13 (17) Felony possession, sale, or exchange of

14 instruments adapted for use of a controlled substance,

15 methamphetamine, or cannabis by subcutaneous injection.

16 (18) Felony possession of a controlled substance.

17 (19) Any violation of the Methamphetamine Control and

18 Community Protection Act.

19 (b-1.5) In addition to any other provision of this

20 Section, for applicants with access to confidential financial

21 information or who submit documentation to support billing,

22 the Department may, in its discretion, deny or refuse to renew

23 a license to an applicant who has been convicted of committing

24 or attempting to commit any of the following felony offenses:

25 (1) financial institution fraud under Section 17-10.6

26 of the Criminal Code of 1961 or the Criminal Code of 2012;

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1 (2) identity theft under Section 16-30 of the Criminal

2 Code of 1961 or the Criminal Code of 2012;

3 (3) financial exploitation of an elderly person or a

4 person with a disability under Section 17-56 of the

5 Criminal Code of 1961 or the Criminal Code of 2012;

6 (4) computer tampering under Section 17-51 of the

7 Criminal Code of 1961 or the Criminal Code of 2012;

8 (5) aggravated computer tampering under Section 17-52

9 of the Criminal Code of 1961 or the Criminal Code of 2012;

10 (6) computer fraud under Section 17-50 of the Criminal

11 Code of 1961 or the Criminal Code of 2012;

12 (7) deceptive practices under Section 17-1 of the

13 Criminal Code of 1961 or the Criminal Code of 2012;

14 (8) forgery under Section 17-3 of the Criminal Code of

15 1961 or the Criminal Code of 2012;

16 (9) State benefits fraud under Section 17-6 of the

17 Criminal Code of 1961 or the Criminal Code of 2012;

18 (10) mail fraud and wire fraud under Section 17-24 of

19 the Criminal Code of 1961 or the Criminal Code of 2012;

20 (11) theft under paragraphs (1.1) through (11) of

21 subsection (b) of Section 16-1 of the Criminal Code of

22 1961 or the Criminal Code of 2012.

23 (b-2) Notwithstanding subsection (b-1), the Department may

24 make an exception and, for child care facilities other than

25 foster family homes, issue a new child care facility license

26 to or renew the existing child care facility license of an

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1 applicant, a person employed by a child care facility, or an

2 applicant who has an adult residing in a home child care

3 facility who was convicted of an offense described in

4 subsection (b-1), provided that all of the following

5 requirements are met:

6 (1) The relevant criminal offense occurred more than 5

7 years prior to the date of application or renewal, except

8 for drug offenses. The relevant drug offense must have

9 occurred more than 10 years prior to the date of

10 application or renewal, unless the applicant passed a drug

11 test, arranged and paid for by the child care facility, no

12 less than 5 years after the offense.

13 (2) The Department must conduct a background check and

14 assess all convictions and recommendations of the child

15 care facility to determine if hiring or licensing the

16 applicant is in accordance with Department administrative

17 rules and procedures.

18 (3) The applicant meets all other requirements and

19 qualifications to be licensed as the pertinent type of

20 child care facility under this Act and the Department's

21 administrative rules.

22 (c) In addition to the other provisions of this Section,

23 no applicant may receive a license from the Department to

24 operate a foster family home, and no adult person may reside in

25 a foster family home licensed by the Department, who has been

26 convicted of committing or attempting to commit any of the

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1 following offenses stipulated under the Criminal Code of 1961,

2 the Criminal Code of 2012, the Cannabis Control Act, the

3 Methamphetamine Control and Community Protection Act, and the

4 Illinois Controlled Substances Act:

5 (I) OFFENSES DIRECTED AGAINST THE PERSON

6 (A) KIDNAPPING AND RELATED OFFENSES

7 (1) Unlawful restraint.

8 (B) BODILY HARM

9 (2) Felony aggravated assault.

10 (3) Vehicular endangerment.

11 (4) Felony domestic battery.

12 (5) Aggravated battery.

13 (6) Heinous battery.

14 (7) Aggravated battery with a firearm.

15 (8) Aggravated battery of an unborn child.

16 (9) Aggravated battery of a senior citizen.

17 (10) Intimidation.

18 (11) Compelling organization membership of persons.

19 (12) Abuse and criminal neglect of a long term care

20 facility resident.

21 (13) Felony violation of an order of protection.

22 (II) OFFENSES DIRECTED AGAINST PROPERTY

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1 (14) Felony theft.

2 (15) Robbery.

3 (16) Armed robbery.

4 (17) Aggravated robbery.

5 (18) Vehicular hijacking.

6 (19) Aggravated vehicular hijacking.

7 (20) Burglary.

8 (21) Possession of burglary tools.

9 (22) Residential burglary.

10 (23) Criminal fortification of a residence or

11 building.

12 (24) Arson.

13 (25) Aggravated arson.

14 (26) Possession of explosive or explosive incendiary

15 devices.

16 (III) OFFENSES AFFECTING PUBLIC HEALTH, SAFETY, AND DECENCY

17 (27) Felony unlawful possession ~~use~~ of weapons.

18 (28) Aggravated discharge of a firearm.

19 (29) Reckless discharge of a firearm.

20 (30) Unlawful use of metal piercing bullets.

21 (31) Unlawful sale or delivery of firearms on the

22 premises of any school.

23 (32) Disarming a police officer.

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1 (33) Obstructing justice.

2 (34) Concealing or aiding a fugitive.

3 (35) Armed violence.

4 (36) Felony contributing to the criminal delinquency

5 of a juvenile.

6 (IV) DRUG OFFENSES

7 (37) Possession of more than 30 grams of cannabis.

8 (38) Manufacture of more than 10 grams of cannabis.

9 (39) Cannabis trafficking.

10 (40) Delivery of cannabis on school grounds.

11 (41) Unauthorized production of more than 5 cannabis

12 sativa plants.

13 (42) Calculated criminal cannabis conspiracy.

14 (43) Unauthorized manufacture or delivery of

15 controlled substances.

16 (44) Controlled substance trafficking.

17 (45) Manufacture, distribution, or advertisement of

18 look-alike substances.

19 (46) Calculated criminal drug conspiracy.

20 (46.5) Streetgang criminal drug conspiracy.

21 (47) Permitting unlawful use of a building.

22 (48) Delivery of controlled, counterfeit, or

23 look-alike substances to persons under age 18, or at truck

24 stops, rest stops, or safety rest areas, or on school

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1 property.

2 (49) Using, engaging, or employing persons under 18 to

3 deliver controlled, counterfeit, or look-alike substances.

4 (50) Delivery of controlled substances.

5 (51) Sale or delivery of drug paraphernalia.

6 (52) Felony possession, sale, or exchange of

7 instruments adapted for use of a controlled substance,

8 methamphetamine, or cannabis by subcutaneous injection.

9 (53) Any violation of the Methamphetamine Control and

10 Community Protection Act.

11 (d) Notwithstanding subsection (c), the Department may

12 make an exception and issue a new foster family home license or

13 may renew an existing foster family home license of an

14 applicant who was convicted of an offense described in

15 subsection (c), provided all of the following requirements are

16 met:

17 (1) The relevant criminal offense or offenses occurred

18 more than 10 years prior to the date of application or

19 renewal.

20 (2) The applicant had previously disclosed the

21 conviction or convictions to the Department for purposes

22 of a background check.

23 (3) After the disclosure, the Department either placed

24 a child in the home or the foster family home license was

25 issued.

26 (4) During the background check, the Department had

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1 assessed and waived the conviction in compliance with the

2 existing statutes and rules in effect at the time of the

3 hire or licensure.

4 (5) The applicant meets all other requirements and

5 qualifications to be licensed as a foster family home

6 under this Act and the Department's administrative rules.

7 (6) The applicant has a history of providing a safe,

8 stable home environment and appears able to continue to

9 provide a safe, stable home environment.

10 (e) In evaluating the exception pursuant to subsections

11 (b-2) and (d), the Department must carefully review any

12 relevant documents to determine whether the applicant, despite

13 the disqualifying convictions, poses a substantial risk to

14 State resources or clients. In making such a determination,

15 the following guidelines shall be used:

16 (1) the age of the applicant when the offense was

17 committed;

18 (2) the circumstances surrounding the offense;

19 (3) the length of time since the conviction;

20 (4) the specific duties and responsibilities

21 necessarily related to the license being applied for and

22 the bearing, if any, that the applicant's conviction

23 history may have on the applicant's fitness to perform

24 these duties and responsibilities;

25 (5) the applicant's employment references;

26 (6) the applicant's character references and any

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1 certificates of achievement;

2 (7) an academic transcript showing educational

3 attainment since the disqualifying conviction;

4 (8) a Certificate of Relief from Disabilities or

5 Certificate of Good Conduct; and

6 (9) anything else that speaks to the applicant's

7 character.

8 (Source: P.A. 103-22, eff. 8-8-23.)

9 Section 10. The Illinois Vehicle Code is amended by

10 changing Section 6-206 as follows:

11 (625 ILCS 5/6-206)

12 Sec. 6-206. Discretionary authority to suspend or revoke

13 license or permit; right to a hearing.

14 (a) The Secretary of State is authorized to suspend or

15 revoke the driving privileges of any person without

16 preliminary hearing upon a showing of the person's records or

17 other sufficient evidence that the person:

18 1. Has committed an offense for which mandatory

19 revocation of a driver's license or permit is required

20 upon conviction;

21 2. Has been convicted of not less than 3 offenses

22 against traffic regulations governing the movement of

23 vehicles committed within any 12-month period. No

24 revocation or suspension shall be entered more than 6

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1 months after the date of last conviction;

2 3. Has been repeatedly involved as a driver in motor

3 vehicle collisions or has been repeatedly convicted of

4 offenses against laws and ordinances regulating the

5 movement of traffic, to a degree that indicates lack of

6 ability to exercise ordinary and reasonable care in the

7 safe operation of a motor vehicle or disrespect for the

8 traffic laws and the safety of other persons upon the

9 highway;

10 4. Has by the unlawful operation of a motor vehicle

11 caused or contributed to a crash resulting in injury

12 requiring immediate professional treatment in a medical

13 facility or doctor's office to any person, except that any

14 suspension or revocation imposed by the Secretary of State

15 under the provisions of this subsection shall start no

16 later than 6 months after being convicted of violating a

17 law or ordinance regulating the movement of traffic, which

18 violation is related to the crash, or shall start not more

19 than one year after the date of the crash, whichever date

20 occurs later;

21 5. Has permitted an unlawful or fraudulent use of a

22 driver's license, identification card, or permit;

23 6. Has been lawfully convicted of an offense or

24 offenses in another state, including the authorization

25 contained in Section 6-203.1, which if committed within

26 this State would be grounds for suspension or revocation;

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1 7. Has refused or failed to submit to an examination

2 provided for by Section 6-207 or has failed to pass the

3 examination;

4 8. Is ineligible for a driver's license or permit

5 under the provisions of Section 6-103;

6 9. Has made a false statement or knowingly concealed a

7 material fact or has used false information or

8 identification in any application for a license,

9 identification card, or permit;

10 10. Has possessed, displayed, or attempted to

11 fraudulently use any license, identification card, or

12 permit not issued to the person;

13 11. Has operated a motor vehicle upon a highway of

14 this State when the person's driving privilege or

15 privilege to obtain a driver's license or permit was

16 revoked or suspended unless the operation was authorized

17 by a monitoring device driving permit, judicial driving

18 permit issued prior to January 1, 2009, probationary

19 license to drive, or restricted driving permit issued

20 under this Code;

21 12. Has submitted to any portion of the application

22 process for another person or has obtained the services of

23 another person to submit to any portion of the application

24 process for the purpose of obtaining a license,

25 identification card, or permit for some other person;

26 13. Has operated a motor vehicle upon a highway of

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1 this State when the person's driver's license or permit

2 was invalid under the provisions of Sections 6-107.1 and

3 6-110;

4 14. Has committed a violation of Section 6-301,

5 6-301.1, or 6-301.2 of this Code, or Section 14, 14A, or

6 14B of the Illinois Identification Card Act or a similar

7 offense in another state if, at the time of the offense,

8 the person held an Illinois driver's license or

9 identification card;

10 15. Has been convicted of violating Section 21-2 of

11 the Criminal Code of 1961 or the Criminal Code of 2012

12 relating to criminal trespass to vehicles if the person

13 exercised actual physical control over the vehicle during

14 the commission of the offense, in which case the

15 suspension shall be for one year;

16 16. Has been convicted of violating Section 11-204 of

17 this Code relating to fleeing from a peace officer;

18 17. Has refused to submit to a test, or tests, as

19 required under Section 11-501.1 of this Code and the

20 person has not sought a hearing as provided for in Section

21 11-501.1;

22 18. (Blank);

23 19. Has committed a violation of paragraph (a) or (b)

24 of Section 6-101 relating to driving without a driver's

25 license;

26 20. Has been convicted of violating Section 6-104

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1 relating to classification of driver's license;

2 21. Has been convicted of violating Section 11-402 of

3 this Code relating to leaving the scene of a crash

4 resulting in damage to a vehicle in excess of $1,000, in

5 which case the suspension shall be for one year;

6 22. Has used a motor vehicle in violating paragraph

7 (3), (4), (7), or (9) of subsection (a) of Section 24-1 of

8 the Criminal Code of 1961 or the Criminal Code of 2012

9 relating to unlawful possession ~~use~~ of weapons, in which

10 case the suspension shall be for one year;

11 23. Has, as a driver, been convicted of committing a

12 violation of paragraph (a) of Section 11-502 of this Code

13 for a second or subsequent time within one year of a

14 similar violation;

15 24. Has been convicted by a court-martial or punished

16 by non-judicial punishment by military authorities of the

17 United States at a military installation in Illinois or in

18 another state of or for a traffic-related offense that is

19 the same as or similar to an offense specified under

20 Section 6-205 or 6-206 of this Code;

21 25. Has permitted any form of identification to be

22 used by another in the application process in order to

23 obtain or attempt to obtain a license, identification

24 card, or permit;

25 26. Has altered or attempted to alter a license or has

26 possessed an altered license, identification card, or

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1 permit;

2 27. (Blank);

3 28. Has been convicted for a first time of the illegal

4 possession, while operating or in actual physical control,

5 as a driver, of a motor vehicle, of any controlled

6 substance prohibited under the Illinois Controlled

7 Substances Act, any cannabis prohibited under the Cannabis

8 Control Act, or any methamphetamine prohibited under the

9 Methamphetamine Control and Community Protection Act, in

10 which case the person's driving privileges shall be

11 suspended for one year. Any defendant found guilty of this

12 offense while operating a motor vehicle shall have an

13 entry made in the court record by the presiding judge that

14 this offense did occur while the defendant was operating a

15 motor vehicle and order the clerk of the court to report

16 the violation to the Secretary of State;

17 29. Has been convicted of the following offenses that

18 were committed while the person was operating or in actual

19 physical control, as a driver, of a motor vehicle:

20 criminal sexual assault, predatory criminal sexual assault

21 of a child, aggravated criminal sexual assault, criminal

22 sexual abuse, aggravated criminal sexual abuse, juvenile

23 pimping, soliciting for a juvenile prostitute, promoting

24 juvenile prostitution as described in subdivision (a)(1),

25 (a)(2), or (a)(3) of Section 11-14.4 of the Criminal Code

26 of 1961 or the Criminal Code of 2012, and the manufacture,

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1 sale or delivery of controlled substances or instruments

2 used for illegal drug use or abuse in which case the

3 driver's driving privileges shall be suspended for one

4 year;

5 30. Has been convicted a second or subsequent time for

6 any combination of the offenses named in paragraph 29 of

7 this subsection, in which case the person's driving

8 privileges shall be suspended for 5 years;

9 31. Has refused to submit to a test as required by

10 Section 11-501.6 of this Code or Section 5-16c of the Boat

11 Registration and Safety Act or has submitted to a test

12 resulting in an alcohol concentration of 0.08 or more or

13 any amount of a drug, substance, or compound resulting

14 from the unlawful use or consumption of cannabis as listed

15 in the Cannabis Control Act, a controlled substance as

16 listed in the Illinois Controlled Substances Act, an

17 intoxicating compound as listed in the Use of Intoxicating

18 Compounds Act, or methamphetamine as listed in the

19 Methamphetamine Control and Community Protection Act, in

20 which case the penalty shall be as prescribed in Section

21 6-208.1;

22 32. Has been convicted of Section 24-1.2 of the

23 Criminal Code of 1961 or the Criminal Code of 2012

24 relating to the aggravated discharge of a firearm if the

25 offender was located in a motor vehicle at the time the

26 firearm was discharged, in which case the suspension shall

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1 be for 3 years;

2 33. Has as a driver, who was less than 21 years of age

3 on the date of the offense, been convicted a first time of

4 a violation of paragraph (a) of Section 11-502 of this

5 Code or a similar provision of a local ordinance;

6 34. Has committed a violation of Section 11-1301.5 of

7 this Code or a similar provision of a local ordinance;

8 35. Has committed a violation of Section 11-1301.6 of

9 this Code or a similar provision of a local ordinance;

10 36. Is under the age of 21 years at the time of arrest

11 and has been convicted of not less than 2 offenses against

12 traffic regulations governing the movement of vehicles

13 committed within any 24-month period. No revocation or

14 suspension shall be entered more than 6 months after the

15 date of last conviction;

16 37. Has committed a violation of subsection (c) of

17 Section 11-907 of this Code that resulted in damage to the

18 property of another or the death or injury of another;

19 38. Has been convicted of a violation of Section 6-20

20 of the Liquor Control Act of 1934 or a similar provision of

21 a local ordinance and the person was an occupant of a motor

22 vehicle at the time of the violation;

23 39. Has committed a second or subsequent violation of

24 Section 11-1201 of this Code;

25 40. Has committed a violation of subsection (a-1) of

26 Section 11-908 of this Code;

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1 41. Has committed a second or subsequent violation of

2 Section 11-605.1 of this Code, a similar provision of a

3 local ordinance, or a similar violation in any other state

4 within 2 years of the date of the previous violation, in

5 which case the suspension shall be for 90 days;

6 42. Has committed a violation of subsection (a-1) of

7 Section 11-1301.3 of this Code or a similar provision of a

8 local ordinance;

9 43. Has received a disposition of court supervision

10 for a violation of subsection (a), (d), or (e) of Section

11 6-20 of the Liquor Control Act of 1934 or a similar

12 provision of a local ordinance and the person was an

13 occupant of a motor vehicle at the time of the violation,

14 in which case the suspension shall be for a period of 3

15 months;

16 44. Is under the age of 21 years at the time of arrest

17 and has been convicted of an offense against traffic

18 regulations governing the movement of vehicles after

19 having previously had his or her driving privileges

20 suspended or revoked pursuant to subparagraph 36 of this

21 Section;

22 45. Has, in connection with or during the course of a

23 formal hearing conducted under Section 2-118 of this Code:

24 (i) committed perjury; (ii) submitted fraudulent or

25 falsified documents; (iii) submitted documents that have

26 been materially altered; or (iv) submitted, as his or her

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1 own, documents that were in fact prepared or composed for

2 another person;

3 46. Has committed a violation of subsection (j) of

4 Section 3-413 of this Code;

5 47. Has committed a violation of subsection (a) of

6 Section 11-502.1 of this Code;

7 48. Has submitted a falsified or altered medical

8 examiner's certificate to the Secretary of State or

9 provided false information to obtain a medical examiner's

10 certificate;

11 49. Has been convicted of a violation of Section

12 11-1002 or 11-1002.5 that resulted in a Type A injury to

13 another, in which case the driving privileges of the

14 person shall be suspended for 12 months;

15 50. Has committed a violation of subsection (b-5) of

16 Section 12-610.2 that resulted in great bodily harm,

17 permanent disability, or disfigurement, in which case the

18 driving privileges of the person shall be suspended for 12

19 months;

20 51. Has committed a violation of Section 10-15 Of the

21 Cannabis Regulation and Tax Act or a similar provision of

22 a local ordinance while in a motor vehicle; or

23 52. Has committed a violation of subsection (b) of

24 Section 10-20 of the Cannabis Regulation and Tax Act or a

25 similar provision of a local ordinance.

26 For purposes of paragraphs 5, 9, 10, 12, 14, 19, 25, 26,

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1 and 27 of this subsection, license means any driver's license,

2 any traffic ticket issued when the person's driver's license

3 is deposited in lieu of bail, a suspension notice issued by the

4 Secretary of State, a duplicate or corrected driver's license,

5 a probationary driver's license, or a temporary driver's

6 license.

7 (b) If any conviction forming the basis of a suspension or

8 revocation authorized under this Section is appealed, the

9 Secretary of State may rescind or withhold the entry of the

10 order of suspension or revocation, as the case may be,

11 provided that a certified copy of a stay order of a court is

12 filed with the Secretary of State. If the conviction is

13 affirmed on appeal, the date of the conviction shall relate

14 back to the time the original judgment of conviction was

15 entered and the 6-month limitation prescribed shall not apply.

16 (c) 1. Upon suspending or revoking the driver's license or

17 permit of any person as authorized in this Section, the

18 Secretary of State shall immediately notify the person in

19 writing of the revocation or suspension. The notice to be

20 deposited in the United States mail, postage prepaid, to the

21 last known address of the person.

22 2. If the Secretary of State suspends the driver's license

23 of a person under subsection 2 of paragraph (a) of this

24 Section, a person's privilege to operate a vehicle as an

25 occupation shall not be suspended, provided an affidavit is

26 properly completed, the appropriate fee received, and a permit

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1 issued prior to the effective date of the suspension, unless 5

2 offenses were committed, at least 2 of which occurred while

3 operating a commercial vehicle in connection with the driver's

4 regular occupation. All other driving privileges shall be

5 suspended by the Secretary of State. Any driver prior to

6 operating a vehicle for occupational purposes only must submit

7 the affidavit on forms to be provided by the Secretary of State

8 setting forth the facts of the person's occupation. The

9 affidavit shall also state the number of offenses committed

10 while operating a vehicle in connection with the driver's

11 regular occupation. The affidavit shall be accompanied by the

12 driver's license. Upon receipt of a properly completed

13 affidavit, the Secretary of State shall issue the driver a

14 permit to operate a vehicle in connection with the driver's

15 regular occupation only. Unless the permit is issued by the

16 Secretary of State prior to the date of suspension, the

17 privilege to drive any motor vehicle shall be suspended as set

18 forth in the notice that was mailed under this Section. If an

19 affidavit is received subsequent to the effective date of this

20 suspension, a permit may be issued for the remainder of the

21 suspension period.

22 The provisions of this subparagraph shall not apply to any

23 driver required to possess a CDL for the purpose of operating a

24 commercial motor vehicle.

25 Any person who falsely states any fact in the affidavit

26 required herein shall be guilty of perjury under Section 6-302

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1 and upon conviction thereof shall have all driving privileges

2 revoked without further rights.

3 3. At the conclusion of a hearing under Section 2-118 of

4 this Code, the Secretary of State shall either rescind or

5 continue an order of revocation or shall substitute an order

6 of suspension; or, good cause appearing therefor, rescind,

7 continue, change, or extend the order of suspension. If the

8 Secretary of State does not rescind the order, the Secretary

9 may upon application, to relieve undue hardship (as defined by

10 the rules of the Secretary of State), issue a restricted

11 driving permit granting the privilege of driving a motor

12 vehicle between the petitioner's residence and petitioner's

13 place of employment or within the scope of the petitioner's

14 employment-related duties, or to allow the petitioner to

15 transport himself or herself, or a family member of the

16 petitioner's household to a medical facility, to receive

17 necessary medical care, to allow the petitioner to transport

18 himself or herself to and from alcohol or drug remedial or

19 rehabilitative activity recommended by a licensed service

20 provider, or to allow the petitioner to transport himself or

21 herself or a family member of the petitioner's household to

22 classes, as a student, at an accredited educational

23 institution, or to allow the petitioner to transport children,

24 elderly persons, or persons with disabilities who do not hold

25 driving privileges and are living in the petitioner's

26 household to and from daycare. The petitioner must demonstrate

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1 that no alternative means of transportation is reasonably

2 available and that the petitioner will not endanger the public

3 safety or welfare.

4 (A) If a person's license or permit is revoked or

5 suspended due to 2 or more convictions of violating

6 Section 11-501 of this Code or a similar provision of a

7 local ordinance or a similar out-of-state offense, or

8 Section 9-3 of the Criminal Code of 1961 or the Criminal

9 Code of 2012, where the use of alcohol or other drugs is

10 recited as an element of the offense, or a similar

11 out-of-state offense, or a combination of these offenses,

12 arising out of separate occurrences, that person, if

13 issued a restricted driving permit, may not operate a

14 vehicle unless it has been equipped with an ignition

15 interlock device as defined in Section 1-129.1.

16 (B) If a person's license or permit is revoked or

17 suspended 2 or more times due to any combination of:

18 (i) a single conviction of violating Section

19 11-501 of this Code or a similar provision of a local

20 ordinance or a similar out-of-state offense or Section

21 9-3 of the Criminal Code of 1961 or the Criminal Code

22 of 2012, where the use of alcohol or other drugs is

23 recited as an element of the offense, or a similar

24 out-of-state offense; or

25 (ii) a statutory summary suspension or revocation

26 under Section 11-501.1; or

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1 (iii) a suspension under Section 6-203.1;

2 arising out of separate occurrences; that person, if

3 issued a restricted driving permit, may not operate a

4 vehicle unless it has been equipped with an ignition

5 interlock device as defined in Section 1-129.1.

6 (B-5) If a person's license or permit is revoked or

7 suspended due to a conviction for a violation of

8 subparagraph (C) or (F) of paragraph (1) of subsection (d)

9 of Section 11-501 of this Code, or a similar provision of a

10 local ordinance or similar out-of-state offense, that

11 person, if issued a restricted driving permit, may not

12 operate a vehicle unless it has been equipped with an

13 ignition interlock device as defined in Section 1-129.1.

14 (C) The person issued a permit conditioned upon the

15 use of an ignition interlock device must pay to the

16 Secretary of State DUI Administration Fund an amount not

17 to exceed $30 per month. The Secretary shall establish by

18 rule the amount and the procedures, terms, and conditions

19 relating to these fees.

20 (D) If the restricted driving permit is issued for

21 employment purposes, then the prohibition against

22 operating a motor vehicle that is not equipped with an

23 ignition interlock device does not apply to the operation

24 of an occupational vehicle owned or leased by that

25 person's employer when used solely for employment

26 purposes. For any person who, within a 5-year period, is

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1 convicted of a second or subsequent offense under Section

2 11-501 of this Code, or a similar provision of a local

3 ordinance or similar out-of-state offense, this employment

4 exemption does not apply until either a one-year period

5 has elapsed during which that person had his or her

6 driving privileges revoked or a one-year period has

7 elapsed during which that person had a restricted driving

8 permit which required the use of an ignition interlock

9 device on every motor vehicle owned or operated by that

10 person.

11 (E) In each case the Secretary may issue a restricted

12 driving permit for a period deemed appropriate, except

13 that all permits shall expire no later than 2 years from

14 the date of issuance. A restricted driving permit issued

15 under this Section shall be subject to cancellation,

16 revocation, and suspension by the Secretary of State in

17 like manner and for like cause as a driver's license

18 issued under this Code may be cancelled, revoked, or

19 suspended; except that a conviction upon one or more

20 offenses against laws or ordinances regulating the

21 movement of traffic shall be deemed sufficient cause for

22 the revocation, suspension, or cancellation of a

23 restricted driving permit. The Secretary of State may, as

24 a condition to the issuance of a restricted driving

25 permit, require the applicant to participate in a

26 designated driver remedial or rehabilitative program. The

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1 Secretary of State is authorized to cancel a restricted

2 driving permit if the permit holder does not successfully

3 complete the program.

4 (F) A person subject to the provisions of paragraph 4

5 of subsection (b) of Section 6-208 of this Code may make

6 application for a restricted driving permit at a hearing

7 conducted under Section 2-118 of this Code after the

8 expiration of 5 years from the effective date of the most

9 recent revocation or after 5 years from the date of

10 release from a period of imprisonment resulting from a

11 conviction of the most recent offense, whichever is later,

12 provided the person, in addition to all other requirements

13 of the Secretary, shows by clear and convincing evidence:

14 (i) a minimum of 3 years of uninterrupted

15 abstinence from alcohol and the unlawful use or

16 consumption of cannabis under the Cannabis Control

17 Act, a controlled substance under the Illinois

18 Controlled Substances Act, an intoxicating compound

19 under the Use of Intoxicating Compounds Act, or

20 methamphetamine under the Methamphetamine Control and

21 Community Protection Act; and

22 (ii) the successful completion of any

23 rehabilitative treatment and involvement in any

24 ongoing rehabilitative activity that may be

25 recommended by a properly licensed service provider

26 according to an assessment of the person's alcohol or

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1 drug use under Section 11-501.01 of this Code.

2 In determining whether an applicant is eligible for a

3 restricted driving permit under this subparagraph (F), the

4 Secretary may consider any relevant evidence, including,

5 but not limited to, testimony, affidavits, records, and

6 the results of regular alcohol or drug tests. Persons

7 subject to the provisions of paragraph 4 of subsection (b)

8 of Section 6-208 of this Code and who have been convicted

9 of more than one violation of paragraph (3), paragraph

10 (4), or paragraph (5) of subsection (a) of Section 11-501

11 of this Code shall not be eligible to apply for a

12 restricted driving permit under this subparagraph (F).

13 A restricted driving permit issued under this

14 subparagraph (F) shall provide that the holder may only

15 operate motor vehicles equipped with an ignition interlock

16 device as required under paragraph (2) of subsection (c)

17 of Section 6-205 of this Code and subparagraph (A) of

18 paragraph 3 of subsection (c) of this Section. The

19 Secretary may revoke a restricted driving permit or amend

20 the conditions of a restricted driving permit issued under

21 this subparagraph (F) if the holder operates a vehicle

22 that is not equipped with an ignition interlock device, or

23 for any other reason authorized under this Code.

24 A restricted driving permit issued under this

25 subparagraph (F) shall be revoked, and the holder barred

26 from applying for or being issued a restricted driving

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1 permit in the future, if the holder is convicted of a

2 violation of Section 11-501 of this Code, a similar

3 provision of a local ordinance, or a similar offense in

4 another state.

5 (c-3) In the case of a suspension under paragraph 43 of

6 subsection (a), reports received by the Secretary of State

7 under this Section shall, except during the actual time the

8 suspension is in effect, be privileged information and for use

9 only by the courts, police officers, prosecuting authorities,

10 the driver licensing administrator of any other state, the

11 Secretary of State, or the parent or legal guardian of a driver

12 under the age of 18. However, beginning January 1, 2008, if the

13 person is a CDL holder, the suspension shall also be made

14 available to the driver licensing administrator of any other

15 state, the U.S. Department of Transportation, and the affected

16 driver or motor carrier or prospective motor carrier upon

17 request.

18 (c-4) In the case of a suspension under paragraph 43 of

19 subsection (a), the Secretary of State shall notify the person

20 by mail that his or her driving privileges and driver's

21 license will be suspended one month after the date of the

22 mailing of the notice.

23 (c-5) The Secretary of State may, as a condition of the

24 reissuance of a driver's license or permit to an applicant

25 whose driver's license or permit has been suspended before he

26 or she reached the age of 21 years pursuant to any of the

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1 provisions of this Section, require the applicant to

2 participate in a driver remedial education course and be

3 retested under Section 6-109 of this Code.

4 (d) This Section is subject to the provisions of the

5 Driver License Compact.

6 (e) The Secretary of State shall not issue a restricted

7 driving permit to a person under the age of 16 years whose

8 driving privileges have been suspended or revoked under any

9 provisions of this Code.

10 (f) In accordance with 49 CFR 384, the Secretary of State

11 may not issue a restricted driving permit for the operation of

12 a commercial motor vehicle to a person holding a CDL whose

13 driving privileges have been suspended, revoked, cancelled, or

14 disqualified under any provisions of this Code.

15 (Source: P.A. 102-299, eff. 8-6-21; 102-558, eff. 8-20-21;

16 102-749, eff. 1-1-23; 102-813, eff. 5-13-22; 102-982, eff.

17 7-1-23; 103-154, eff. 6-30-23.)

18 Section 15. The Juvenile Court Act of 1987 is amended by

19 changing Section 1-7 as follows:

20 (705 ILCS 405/1-7)

21 Sec. 1-7. Confidentiality of juvenile law enforcement and

22 municipal ordinance violation records.

23 (A) All juvenile law enforcement records which have not

24 been expunged are confidential and may never be disclosed to

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1 the general public or otherwise made widely available.

2 Juvenile law enforcement records may be obtained only under

3 this Section and Section 1-8 and Part 9 of Article V of this

4 Act, when their use is needed for good cause and with an order

5 from the juvenile court, as required by those not authorized

6 to retain them. Inspection, copying, and disclosure of

7 juvenile law enforcement records maintained by law enforcement

8 agencies or records of municipal ordinance violations

9 maintained by any State, local, or municipal agency that

10 relate to a minor who has been investigated, arrested, or

11 taken into custody before the minor's 18th birthday shall be

12 restricted to the following:

13 (0.05) The minor who is the subject of the juvenile

14 law enforcement record, the minor's parents, guardian, and

15 counsel.

16 (0.10) Judges of the circuit court and members of the

17 staff of the court designated by the judge.

18 (0.15) An administrative adjudication hearing officer

19 or members of the staff designated to assist in the

20 administrative adjudication process.

21 (1) Any local, State, or federal law enforcement

22 officers or designated law enforcement staff of any

23 jurisdiction or agency when necessary for the discharge of

24 their official duties during the investigation or

25 prosecution of a crime or relating to a minor who has been

26 adjudicated delinquent and there has been a previous

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1 finding that the act which constitutes the previous

2 offense was committed in furtherance of criminal

3 activities by a criminal street gang, or, when necessary

4 for the discharge of its official duties in connection

5 with a particular investigation of the conduct of a law

6 enforcement officer, an independent agency or its staff

7 created by ordinance and charged by a unit of local

8 government with the duty of investigating the conduct of

9 law enforcement officers. For purposes of this Section,

10 "criminal street gang" has the meaning ascribed to it in

11 Section 10 of the Illinois Streetgang Terrorism Omnibus

12 Prevention Act.

13 (2) Prosecutors, public defenders, probation officers,

14 social workers, or other individuals assigned by the court

15 to conduct a pre-adjudication or pre-disposition

16 investigation, and individuals responsible for supervising

17 or providing temporary or permanent care and custody for

18 minors under the order of the juvenile court, when

19 essential to performing their responsibilities.

20 (3) Federal, State, or local prosecutors, public

21 defenders, probation officers, and designated staff:

22 (a) in the course of a trial when institution of

23 criminal proceedings has been permitted or required

24 under Section 5-805;

25 (b) when institution of criminal proceedings has

26 been permitted or required under Section 5-805 and the

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1 minor is the subject of a proceeding to determine the

2 conditions of pretrial release;

3 (c) when criminal proceedings have been permitted

4 or required under Section 5-805 and the minor is the

5 subject of a pre-trial investigation, pre-sentence

6 investigation, fitness hearing, or proceedings on an

7 application for probation; or

8 (d) in the course of prosecution or administrative

9 adjudication of a violation of a traffic, boating, or

10 fish and game law, or a county or municipal ordinance.

11 (4) Adult and Juvenile Prisoner Review Board.

12 (5) Authorized military personnel.

13 (5.5) Employees of the federal government authorized

14 by law.

15 (6) Persons engaged in bona fide research, with the

16 permission of the Presiding Judge and the chief executive

17 of the respective law enforcement agency; provided that

18 publication of such research results in no disclosure of a

19 minor's identity and protects the confidentiality of the

20 minor's record.

21 (7) Department of Children and Family Services child

22 protection investigators acting in their official

23 capacity.

24 (8) The appropriate school official only if the agency

25 or officer believes that there is an imminent threat of

26 physical harm to students, school personnel, or others.

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1 (A) Inspection and copying shall be limited to

2 juvenile law enforcement records transmitted to the

3 appropriate school official or officials whom the

4 school has determined to have a legitimate educational

5 or safety interest by a local law enforcement agency

6 under a reciprocal reporting system established and

7 maintained between the school district and the local

8 law enforcement agency under Section 10-20.14 of the

9 School Code concerning a minor enrolled in a school

10 within the school district who has been arrested or

11 taken into custody for any of the following offenses:

12 (i) any violation of Article 24 of the

13 Criminal Code of 1961 or the Criminal Code of

14 2012;

15 (ii) a violation of the Illinois Controlled

16 Substances Act;

17 (iii) a violation of the Cannabis Control Act;

18 (iv) a forcible felony as defined in Section

19 2-8 of the Criminal Code of 1961 or the Criminal

20 Code of 2012;

21 (v) a violation of the Methamphetamine Control

22 and Community Protection Act;

23 (vi) a violation of Section 1-2 of the

24 Harassing and Obscene Communications Act;

25 (vii) a violation of the Hazing Act; or

26 (viii) a violation of Section 12-1, 12-2,

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1 12-3, 12-3.05, 12-3.1, 12-3.2, 12-3.4, 12-3.5,

2 12-5, 12-7.3, 12-7.4, 12-7.5, 25-1, or 25-5 of the

3 Criminal Code of 1961 or the Criminal Code of

4 2012.

5 The information derived from the juvenile law

6 enforcement records shall be kept separate from and

7 shall not become a part of the official school record

8 of that child and shall not be a public record. The

9 information shall be used solely by the appropriate

10 school official or officials whom the school has

11 determined to have a legitimate educational or safety

12 interest to aid in the proper rehabilitation of the

13 child and to protect the safety of students and

14 employees in the school. If the designated law

15 enforcement and school officials deem it to be in the

16 best interest of the minor, the student may be

17 referred to in-school or community-based social

18 services if those services are available.

19 "Rehabilitation services" may include interventions by

20 school support personnel, evaluation for eligibility

21 for special education, referrals to community-based

22 agencies such as youth services, behavioral healthcare

23 service providers, drug and alcohol prevention or

24 treatment programs, and other interventions as deemed

25 appropriate for the student.

26 (B) Any information provided to appropriate school

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1 officials whom the school has determined to have a

2 legitimate educational or safety interest by local law

3 enforcement officials about a minor who is the subject

4 of a current police investigation that is directly

5 related to school safety shall consist of oral

6 information only, and not written juvenile law

7 enforcement records, and shall be used solely by the

8 appropriate school official or officials to protect

9 the safety of students and employees in the school and

10 aid in the proper rehabilitation of the child. The

11 information derived orally from the local law

12 enforcement officials shall be kept separate from and

13 shall not become a part of the official school record

14 of the child and shall not be a public record. This

15 limitation on the use of information about a minor who

16 is the subject of a current police investigation shall

17 in no way limit the use of this information by

18 prosecutors in pursuing criminal charges arising out

19 of the information disclosed during a police

20 investigation of the minor. For purposes of this

21 paragraph, "investigation" means an official

22 systematic inquiry by a law enforcement agency into

23 actual or suspected criminal activity.

24 (9) Mental health professionals on behalf of the

25 Department of Corrections or the Department of Human

26 Services or prosecutors who are evaluating, prosecuting,

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1 or investigating a potential or actual petition brought

2 under the Sexually Violent Persons Commitment Act relating

3 to a person who is the subject of juvenile law enforcement

4 records or the respondent to a petition brought under the

5 Sexually Violent Persons Commitment Act who is the subject

6 of the juvenile law enforcement records sought. Any

7 juvenile law enforcement records and any information

8 obtained from those juvenile law enforcement records under

9 this paragraph (9) may be used only in sexually violent

10 persons commitment proceedings.

11 (10) The president of a park district. Inspection and

12 copying shall be limited to juvenile law enforcement

13 records transmitted to the president of the park district

14 by the Illinois State Police under Section 8-23 of the

15 Park District Code or Section 16a-5 of the Chicago Park

16 District Act concerning a person who is seeking employment

17 with that park district and who has been adjudicated a

18 juvenile delinquent for any of the offenses listed in

19 subsection (c) of Section 8-23 of the Park District Code

20 or subsection (c) of Section 16a-5 of the Chicago Park

21 District Act.

22 (11) Persons managing and designated to participate in

23 a court diversion program as designated in subsection (6)

24 of Section 5-105.

25 (12) The Public Access Counselor of the Office of the

26 Attorney General, when reviewing juvenile law enforcement

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1 records under its powers and duties under the Freedom of

2 Information Act.

3 (13) Collection agencies, contracted or otherwise

4 engaged by a governmental entity, to collect any debts due

5 and owing to the governmental entity.

6 (B)(1) Except as provided in paragraph (2), no law

7 enforcement officer or other person or agency may knowingly

8 transmit to the Department of Corrections, the Illinois State

9 Police, or the Federal Bureau of Investigation any fingerprint

10 or photograph relating to a minor who has been arrested or

11 taken into custody before the minor's 18th birthday, unless

12 the court in proceedings under this Act authorizes the

13 transmission or enters an order under Section 5-805 permitting

14 or requiring the institution of criminal proceedings.

15 (2) Law enforcement officers or other persons or agencies

16 shall transmit to the Illinois State Police copies of

17 fingerprints and descriptions of all minors who have been

18 arrested or taken into custody before their 18th birthday for

19 the offense of unlawful possession ~~use~~ of weapons under

20 Article 24 of the Criminal Code of 1961 or the Criminal Code of

21 2012, a Class X or Class 1 felony, a forcible felony as defined

22 in Section 2-8 of the Criminal Code of 1961 or the Criminal

23 Code of 2012, or a Class 2 or greater felony under the Cannabis

24 Control Act, the Illinois Controlled Substances Act, the

25 Methamphetamine Control and Community Protection Act, or

26 Chapter 4 of the Illinois Vehicle Code, pursuant to Section 5

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1 of the Criminal Identification Act. Information reported to

2 the Department pursuant to this Section may be maintained with

3 records that the Department files pursuant to Section 2.1 of

4 the Criminal Identification Act. Nothing in this Act prohibits

5 a law enforcement agency from fingerprinting a minor taken

6 into custody or arrested before the minor's 18th birthday for

7 an offense other than those listed in this paragraph (2).

8 (C) The records of law enforcement officers, or of an

9 independent agency created by ordinance and charged by a unit

10 of local government with the duty of investigating the conduct

11 of law enforcement officers, concerning all minors under 18

12 years of age must be maintained separate from the records of

13 arrests and may not be open to public inspection or their

14 contents disclosed to the public. For purposes of obtaining

15 documents under this Section, a civil subpoena is not an order

16 of the court.

17 (1) In cases where the law enforcement, or independent

18 agency, records concern a pending juvenile court case, the

19 party seeking to inspect the records shall provide actual

20 notice to the attorney or guardian ad litem of the minor

21 whose records are sought.

22 (2) In cases where the records concern a juvenile

23 court case that is no longer pending, the party seeking to

24 inspect the records shall provide actual notice to the

25 minor or the minor's parent or legal guardian, and the

26 matter shall be referred to the chief judge presiding over

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1 matters pursuant to this Act.

2 (3) In determining whether the records should be

3 available for inspection, the court shall consider the

4 minor's interest in confidentiality and rehabilitation

5 over the moving party's interest in obtaining the

6 information. Any records obtained in violation of this

7 subsection (C) shall not be admissible in any criminal or

8 civil proceeding, or operate to disqualify a minor from

9 subsequently holding public office or securing employment,

10 or operate as a forfeiture of any public benefit, right,

11 privilege, or right to receive any license granted by

12 public authority.

13 (D) Nothing contained in subsection (C) of this Section

14 shall prohibit the inspection or disclosure to victims and

15 witnesses of photographs contained in the records of law

16 enforcement agencies when the inspection and disclosure is

17 conducted in the presence of a law enforcement officer for the

18 purpose of the identification or apprehension of any person

19 subject to the provisions of this Act or for the investigation

20 or prosecution of any crime.

21 (E) Law enforcement officers, and personnel of an

22 independent agency created by ordinance and charged by a unit

23 of local government with the duty of investigating the conduct

24 of law enforcement officers, may not disclose the identity of

25 any minor in releasing information to the general public as to

26 the arrest, investigation or disposition of any case involving

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1 a minor.

2 (F) Nothing contained in this Section shall prohibit law

3 enforcement agencies from communicating with each other by

4 letter, memorandum, teletype, or intelligence alert bulletin

5 or other means the identity or other relevant information

6 pertaining to a person under 18 years of age if there are

7 reasonable grounds to believe that the person poses a real and

8 present danger to the safety of the public or law enforcement

9 officers. The information provided under this subsection (F)

10 shall remain confidential and shall not be publicly disclosed,

11 except as otherwise allowed by law.

12 (G) Nothing in this Section shall prohibit the right of a

13 Civil Service Commission or appointing authority of any

14 federal government, state, county or municipality examining

15 the character and fitness of an applicant for employment with

16 a law enforcement agency, correctional institution, or fire

17 department from obtaining and examining the records of any law

18 enforcement agency relating to any record of the applicant

19 having been arrested or taken into custody before the

20 applicant's 18th birthday.

21 (G-5) Information identifying victims and alleged victims

22 of sex offenses shall not be disclosed or open to the public

23 under any circumstances. Nothing in this Section shall

24 prohibit the victim or alleged victim of any sex offense from

25 voluntarily disclosing this identity.

26 (H) The changes made to this Section by Public Act 98-61

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1 apply to law enforcement records of a minor who has been

2 arrested or taken into custody on or after January 1, 2014 (the

3 effective date of Public Act 98-61).

4 (H-5) Nothing in this Section shall require any court or

5 adjudicative proceeding for traffic, boating, fish and game

6 law, or municipal and county ordinance violations to be closed

7 to the public.

8 (I) Willful violation of this Section is a Class C

9 misdemeanor and each violation is subject to a fine of $1,000.

10 This subsection (I) shall not apply to the person who is the

11 subject of the record.

12 (J) A person convicted of violating this Section is liable

13 for damages in the amount of $1,000 or actual damages,

14 whichever is greater.

15 (Source: P.A. 102-538, eff. 8-20-21; 102-752, eff. 1-1-23;

16 102-813, eff. 5-13-22; 103-22, eff. 8-8-23.)

17 Section 20. The Criminal Code of 2012 is amended by

18 changing Sections 2-13, 8-2, 24-1, 24-1.1, 24-1.6, 24-1.7,

19 24-2.1, 24-3.6, and 36-1 and by adding Section 24-11 as

20 follows:

21 (720 ILCS 5/2-13) (from Ch. 38, par. 2-13)

22 Sec. 2-13. "Peace officer". "Peace officer" means (i) any

23 person who by virtue of his office or public employment is

24 vested by law with a duty to maintain public order or to make

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1 arrests for offenses, whether that duty extends to all

2 offenses or is limited to specific offenses, or (ii) any

3 person who, by statute, is granted and authorized to exercise

4 powers similar to those conferred upon any peace officer

5 employed by a law enforcement agency of this State.

6 For purposes of Sections concerning unlawful possession

7 ~~use~~ of weapons, for the purposes of assisting an Illinois

8 peace officer in an arrest, or when the commission of any

9 offense under Illinois law is directly observed by the person,

10 and statutes involving the false personation of a peace

11 officer, false personation of a peace officer while carrying a

12 deadly weapon, false personation of a peace officer in

13 attempting or committing a felony, and false personation of a

14 peace officer in attempting or committing a forcible felony,

15 then officers, agents, or employees of the federal government

16 commissioned by federal statute to make arrests for violations

17 of federal criminal laws shall be considered "peace officers"

18 under this Code, including, but not limited to, all criminal

19 investigators of:

20 (1) the United States Department of Justice, the

21 Federal Bureau of Investigation, and the Drug Enforcement

22 Administration and all United States Marshals or Deputy

23 United States Marshals whose duties involve the

24 enforcement of federal criminal laws;

25 (1.5) the United States Department of Homeland

26 Security, United States Citizenship and Immigration

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1 Services, United States Coast Guard, United States Customs

2 and Border Protection, and United States Immigration and

3 Customs Enforcement;

4 (2) the United States Department of the Treasury, the

5 Alcohol and Tobacco Tax and Trade Bureau, and the United

6 States Secret Service;

7 (3) the United States Internal Revenue Service;

8 (4) the United States General Services Administration;

9 (5) the United States Postal Service;

10 (6) (blank); and

11 (7) the United States Department of Defense.

12 (Source: P.A. 102-558, eff. 8-20-21.)

13 (720 ILCS 5/8-2) (from Ch. 38, par. 8-2)

14 Sec. 8-2. Conspiracy.

15 (a) Elements of the offense. A person commits the offense

16 of conspiracy when, with intent that an offense be committed,

17 he or she agrees with another to the commission of that

18 offense. No person may be convicted of conspiracy to commit an

19 offense unless an act in furtherance of that agreement is

20 alleged and proved to have been committed by him or her or by a

21 co-conspirator.

22 (b) Co-conspirators. It is not a defense to conspiracy

23 that the person or persons with whom the accused is alleged to

24 have conspired:

25 (1) have not been prosecuted or convicted,

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1 (2) have been convicted of a different offense,

2 (3) are not amenable to justice,

3 (4) have been acquitted, or

4 (5) lacked the capacity to commit an offense.

5 (c) Sentence.

6 (1) Except as otherwise provided in this subsection or

7 Code, a person convicted of conspiracy to commit:

8 (A) a Class X felony shall be sentenced for a Class

9 1 felony;

10 (B) a Class 1 felony shall be sentenced for a Class

11 2 felony;

12 (C) a Class 2 felony shall be sentenced for a Class

13 3 felony;

14 (D) a Class 3 felony shall be sentenced for a Class

15 4 felony;

16 (E) a Class 4 felony shall be sentenced for a Class

17 4 felony; and

18 (F) a misdemeanor may be fined or imprisoned or

19 both not to exceed the maximum provided for the

20 offense that is the object of the conspiracy.

21 (2) A person convicted of conspiracy to commit any of

22 the following offenses shall be sentenced for a Class X

23 felony:

24 (A) aggravated insurance fraud conspiracy when the

25 person is an organizer of the conspiracy (720 ILCS

26 5/46-4); or

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1 (B) aggravated governmental entity insurance fraud

2 conspiracy when the person is an organizer of the

3 conspiracy (720 ILCS 5/46-4).

4 (3) A person convicted of conspiracy to commit any of

5 the following offenses shall be sentenced for a Class 1

6 felony:

7 (A) first degree murder (720 ILCS 5/9-1); or

8 (B) aggravated insurance fraud (720 ILCS 5/46-3)

9 or aggravated governmental insurance fraud (720 ILCS

10 5/46-3).

11 (4) A person convicted of conspiracy to commit

12 insurance fraud (720 ILCS 5/46-3) or governmental entity

13 insurance fraud (720 ILCS 5/46-3) shall be sentenced for a

14 Class 2 felony.

15 (5) A person convicted of conspiracy to commit any of

16 the following offenses shall be sentenced for a Class 3

17 felony:

18 (A) soliciting for a prostitute (720 ILCS

19 5/11-14.3(a)(1));

20 (B) pandering (720 ILCS 5/11-14.3(a)(2)(A) or

21 5/11-14.3(a)(2)(B));

22 (C) keeping a place of prostitution (720 ILCS

23 5/11-14.3(a)(1));

24 (D) pimping (720 ILCS 5/11-14.3(a)(2)(C));

25 (E) unlawful possession ~~use~~ of weapons under

26 Section 24-1(a)(1) (720 ILCS 5/24-1(a)(1));

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1 (F) unlawful possession ~~use~~ of weapons under

2 Section 24-1(a)(7) (720 ILCS 5/24-1(a)(7));

3 (G) gambling (720 ILCS 5/28-1);

4 (H) keeping a gambling place (720 ILCS 5/28-3);

5 (I) registration of federal gambling stamps

6 violation (720 ILCS 5/28-4);

7 (J) look-alike substances violation (720 ILCS

8 570/404);

9 (K) miscellaneous controlled substance violation

10 under Section 406(b) (720 ILCS 570/406(b)); or

11 (L) an inchoate offense related to any of the

12 principal offenses set forth in this item (5).

13 (Source: P.A. 96-710, eff. 1-1-10; 96-1551, eff. 7-1-11.)

14 (720 ILCS 5/24-1) (from Ch. 38, par. 24-1)

15 Sec. 24-1. Unlawful possession ~~use~~ of weapons.

16 (a) A person commits the offense of unlawful possession

17 ~~use~~ of weapons when he knowingly:

18 (1) Sells, manufactures, purchases, possesses or

19 carries any bludgeon, black-jack, slung-shot, sand-club,

20 sand-bag, metal knuckles or other knuckle weapon

21 regardless of its composition, throwing star, or any

22 knife, commonly referred to as a switchblade knife, which

23 has a blade that opens automatically by hand pressure

24 applied to a button, spring or other device in the handle

25 of the knife, or a ballistic knife, which is a device that

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1 propels a knifelike blade as a projectile by means of a

2 coil spring, elastic material or compressed gas; or

3 (2) Carries or possesses with intent to use the same

4 unlawfully against another, a dagger, dirk, billy,

5 dangerous knife, razor, stiletto, broken bottle or other

6 piece of glass, stun gun or taser or any other dangerous or

7 deadly weapon or instrument of like character; or

8 (2.5) Carries or possesses with intent to use the same

9 unlawfully against another, any firearm in a church,

10 synagogue, mosque, or other building, structure, or place

11 used for religious worship; or

12 (3) Carries on or about his person or in any vehicle, a

13 tear gas gun projector or bomb or any object containing

14 noxious liquid gas or substance, other than an object

15 containing a non-lethal noxious liquid gas or substance

16 designed solely for personal defense carried by a person

17 18 years of age or older; or

18 (4) Carries or possesses in any vehicle or concealed

19 on or about his person except when on his land or in his

20 own abode, legal dwelling, or fixed place of business, or

21 on the land or in the legal dwelling of another person as

22 an invitee with that person's permission, any pistol,

23 revolver, stun gun or taser or other firearm, except that

24 this subsection (a)(4) does not apply to or affect

25 transportation of weapons that meet one of the following

26 conditions:

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1 (i) are broken down in a non-functioning state; or

2 (ii) are not immediately accessible; or

3 (iii) are unloaded and enclosed in a case, firearm

4 carrying box, shipping box, or other container by a

5 person who has been issued a currently valid Firearm

6 Owner's Identification Card; or

7 (iv) are carried or possessed in accordance with

8 the Firearm Concealed Carry Act by a person who has

9 been issued a currently valid license under the

10 Firearm Concealed Carry Act; or

11 (5) Sets a spring gun; or

12 (6) Possesses any device or attachment of any kind

13 designed, used or intended for use in silencing the report

14 of any firearm; or

15 (7) Sells, manufactures, purchases, possesses or

16 carries:

17 (i) a machine gun, which shall be defined for the

18 purposes of this subsection as any weapon, which

19 shoots, is designed to shoot, or can be readily

20 restored to shoot, automatically more than one shot

21 without manually reloading by a single function of the

22 trigger, including the frame or receiver of any such

23 weapon, or sells, manufactures, purchases, possesses,

24 or carries any combination of parts designed or

25 intended for use in converting any weapon into a

26 machine gun, or any combination or parts from which a

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1 machine gun can be assembled if such parts are in the

2 possession or under the control of a person;

3 (ii) any rifle having one or more barrels less

4 than 16 inches in length or a shotgun having one or

5 more barrels less than 18 inches in length or any

6 weapon made from a rifle or shotgun, whether by

7 alteration, modification, or otherwise, if such a

8 weapon as modified has an overall length of less than

9 26 inches; or

10 (iii) any bomb, bomb-shell, grenade, bottle or

11 other container containing an explosive substance of

12 over one-quarter ounce for like purposes, such as, but

13 not limited to, black powder bombs and Molotov

14 cocktails or artillery projectiles; or

15 (8) Carries or possesses any firearm, stun gun or

16 taser or other deadly weapon in any place which is

17 licensed to sell intoxicating beverages, or at any public

18 gathering held pursuant to a license issued by any

19 governmental body or any public gathering at which an

20 admission is charged, excluding a place where a showing,

21 demonstration or lecture involving the exhibition of

22 unloaded firearms is conducted.

23 This subsection (a)(8) does not apply to any auction

24 or raffle of a firearm held pursuant to a license or permit

25 issued by a governmental body, nor does it apply to

26 persons engaged in firearm safety training courses; or

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1 (9) Carries or possesses in a vehicle or on or about

2 his or her person any pistol, revolver, stun gun or taser

3 or firearm or ballistic knife, when he or she is hooded,

4 robed or masked in such manner as to conceal his or her

5 identity; or

6 (10) Carries or possesses on or about his or her

7 person, upon any public street, alley, or other public

8 lands within the corporate limits of a city, village, or

9 incorporated town, except when an invitee thereon or

10 therein, for the purpose of the display of such weapon or

11 the lawful commerce in weapons, or except when on his land

12 or in his or her own abode, legal dwelling, or fixed place

13 of business, or on the land or in the legal dwelling of

14 another person as an invitee with that person's

15 permission, any pistol, revolver, stun gun, or taser or

16 other firearm, except that this subsection (a)(10) does

17 not apply to or affect transportation of weapons that meet

18 one of the following conditions:

19 (i) are broken down in a non-functioning state; or

20 (ii) are not immediately accessible; or

21 (iii) are unloaded and enclosed in a case, firearm

22 carrying box, shipping box, or other container by a

23 person who has been issued a currently valid Firearm

24 Owner's Identification Card; or

25 (iv) are carried or possessed in accordance with

26 the Firearm Concealed Carry Act by a person who has

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1 been issued a currently valid license under the

2 Firearm Concealed Carry Act.

3 A "stun gun or taser", as used in this paragraph (a)

4 means (i) any device which is powered by electrical

5 charging units, such as, batteries, and which fires one or

6 several barbs attached to a length of wire and which, upon

7 hitting a human, can send out a current capable of

8 disrupting the person's nervous system in such a manner as

9 to render him incapable of normal functioning or (ii) any

10 device which is powered by electrical charging units, such

11 as batteries, and which, upon contact with a human or

12 clothing worn by a human, can send out current capable of

13 disrupting the person's nervous system in such a manner as

14 to render him incapable of normal functioning; or

15 (11) Sells, manufactures, delivers, imports,

16 possesses, or purchases any assault weapon attachment or

17 .50 caliber cartridge in violation of Section 24-1.9 or

18 any explosive bullet. For purposes of this paragraph (a)

19 "explosive bullet" means the projectile portion of an

20 ammunition cartridge which contains or carries an

21 explosive charge which will explode upon contact with the

22 flesh of a human or an animal. "Cartridge" means a tubular

23 metal case having a projectile affixed at the front

24 thereof and a cap or primer at the rear end thereof, with

25 the propellant contained in such tube between the

26 projectile and the cap; or

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1 (12) (Blank); or

2 (13) Carries or possesses on or about his or her

3 person while in a building occupied by a unit of

4 government, a billy club, other weapon of like character,

5 or other instrument of like character intended for use as

6 a weapon. For the purposes of this Section, "billy club"

7 means a short stick or club commonly carried by police

8 officers which is either telescopic or constructed of a

9 solid piece of wood or other man-made material; or

10 (14) Manufactures, possesses, sells, or offers to

11 sell, purchase, manufacture, import, transfer, or use any

12 device, part, kit, tool, accessory, or combination of

13 parts that is designed to and functions to increase the

14 rate of fire of a semiautomatic firearm above the standard

15 rate of fire for semiautomatic firearms that is not

16 equipped with that device, part, or combination of parts;

17 or

18 (15) Carries or possesses any assault weapon or .50

19 caliber rifle in violation of Section 24-1.9; or

20 (16) Manufactures, sells, delivers, imports, or

21 purchases any assault weapon or .50 caliber rifle in

22 violation of Section 24-1.9.

23 (b) Sentence. A person convicted of a violation of

24 subsection 24-1(a)(1) through (5), subsection 24-1(a)(10),

25 subsection 24-1(a)(11), subsection 24-1(a)(13), or 24-1(a)(15)

26 commits a Class A misdemeanor. A person convicted of a

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1 violation of subsection 24-1(a)(8) or 24-1(a)(9) commits a

2 Class 4 felony; a person convicted of a violation of

3 subsection 24-1(a)(6), 24-1(a)(7)(ii), 24-1(a)(7)(iii), or

4 24-1(a)(16) commits a Class 3 felony. A person convicted of a

5 violation of subsection 24-1(a)(7)(i) commits a Class 2 felony

6 and shall be sentenced to a term of imprisonment of not less

7 than 3 years and not more than 7 years, unless the weapon is

8 possessed in the passenger compartment of a motor vehicle as

9 defined in Section 1-146 of the Illinois Vehicle Code, or on

10 the person, while the weapon is loaded, in which case it shall

11 be a Class X felony. A person convicted of a second or

12 subsequent violation of subsection 24-1(a)(4), 24-1(a)(8),

13 24-1(a)(9), 24-1(a)(10), or 24-1(a)(15) commits a Class 3

14 felony. A person convicted of a violation of subsection

15 24-1(a)(2.5) or 24-1(a)(14) commits a Class 2 felony. The

16 possession of each weapon or device in violation of this

17 Section constitutes a single and separate violation.

18 (c) Violations in specific places.

19 (1) A person who violates subsection 24-1(a)(6) or

20 24-1(a)(7) in any school, regardless of the time of day or

21 the time of year, in residential property owned, operated

22 or managed by a public housing agency or leased by a public

23 housing agency as part of a scattered site or mixed-income

24 development, in a public park, in a courthouse, on the

25 real property comprising any school, regardless of the

26 time of day or the time of year, on residential property

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1 owned, operated or managed by a public housing agency or

2 leased by a public housing agency as part of a scattered

3 site or mixed-income development, on the real property

4 comprising any public park, on the real property

5 comprising any courthouse, in any conveyance owned, leased

6 or contracted by a school to transport students to or from

7 school or a school related activity, in any conveyance

8 owned, leased, or contracted by a public transportation

9 agency, or on any public way within 1,000 feet of the real

10 property comprising any school, public park, courthouse,

11 public transportation facility, or residential property

12 owned, operated, or managed by a public housing agency or

13 leased by a public housing agency as part of a scattered

14 site or mixed-income development commits a Class 2 felony

15 and shall be sentenced to a term of imprisonment of not

16 less than 3 years and not more than 7 years.

17 (1.5) A person who violates subsection 24-1(a)(4),

18 24-1(a)(9), or 24-1(a)(10) in any school, regardless of

19 the time of day or the time of year, in residential

20 property owned, operated, or managed by a public housing

21 agency or leased by a public housing agency as part of a

22 scattered site or mixed-income development, in a public

23 park, in a courthouse, on the real property comprising any

24 school, regardless of the time of day or the time of year,

25 on residential property owned, operated, or managed by a

26 public housing agency or leased by a public housing agency

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1 as part of a scattered site or mixed-income development,

2 on the real property comprising any public park, on the

3 real property comprising any courthouse, in any conveyance

4 owned, leased, or contracted by a school to transport

5 students to or from school or a school related activity,

6 in any conveyance owned, leased, or contracted by a public

7 transportation agency, or on any public way within 1,000

8 feet of the real property comprising any school, public

9 park, courthouse, public transportation facility, or

10 residential property owned, operated, or managed by a

11 public housing agency or leased by a public housing agency

12 as part of a scattered site or mixed-income development

13 commits a Class 3 felony.

14 (2) A person who violates subsection 24-1(a)(1),

15 24-1(a)(2), or 24-1(a)(3) in any school, regardless of the

16 time of day or the time of year, in residential property

17 owned, operated or managed by a public housing agency or

18 leased by a public housing agency as part of a scattered

19 site or mixed-income development, in a public park, in a

20 courthouse, on the real property comprising any school,

21 regardless of the time of day or the time of year, on

22 residential property owned, operated or managed by a

23 public housing agency or leased by a public housing agency

24 as part of a scattered site or mixed-income development,

25 on the real property comprising any public park, on the

26 real property comprising any courthouse, in any conveyance

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1 owned, leased or contracted by a school to transport

2 students to or from school or a school related activity,

3 in any conveyance owned, leased, or contracted by a public

4 transportation agency, or on any public way within 1,000

5 feet of the real property comprising any school, public

6 park, courthouse, public transportation facility, or

7 residential property owned, operated, or managed by a

8 public housing agency or leased by a public housing agency

9 as part of a scattered site or mixed-income development

10 commits a Class 4 felony. "Courthouse" means any building

11 that is used by the Circuit, Appellate, or Supreme Court

12 of this State for the conduct of official business.

13 (3) Paragraphs (1), (1.5), and (2) of this subsection

14 (c) shall not apply to law enforcement officers or

15 security officers of such school, college, or university

16 or to students carrying or possessing firearms for use in

17 training courses, parades, hunting, target shooting on

18 school ranges, or otherwise with the consent of school

19 authorities and which firearms are transported unloaded

20 enclosed in a suitable case, box, or transportation

21 package.

22 (4) For the purposes of this subsection (c), "school"

23 means any public or private elementary or secondary

24 school, community college, college, or university.

25 (5) For the purposes of this subsection (c), "public

26 transportation agency" means a public or private agency

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1 that provides for the transportation or conveyance of

2 persons by means available to the general public, except

3 for transportation by automobiles not used for conveyance

4 of the general public as passengers; and "public

5 transportation facility" means a terminal or other place

6 where one may obtain public transportation.

7 (d) The presence in an automobile other than a public

8 omnibus of any weapon, instrument or substance referred to in

9 subsection (a)(7) is prima facie evidence that it is in the

10 possession of, and is being carried by, all persons occupying

11 such automobile at the time such weapon, instrument or

12 substance is found, except under the following circumstances:

13 (i) if such weapon, instrument or instrumentality is found

14 upon the person of one of the occupants therein; or (ii) if

15 such weapon, instrument or substance is found in an automobile

16 operated for hire by a duly licensed driver in the due, lawful

17 and proper pursuit of his or her trade, then such presumption

18 shall not apply to the driver.

19 (e) Exemptions.

20 (1) Crossbows, Common or Compound bows and Underwater

21 Spearguns are exempted from the definition of ballistic

22 knife as defined in paragraph (1) of subsection (a) of

23 this Section.

24 (2) The provision of paragraph (1) of subsection (a)

25 of this Section prohibiting the sale, manufacture,

26 purchase, possession, or carrying of any knife, commonly

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1 referred to as a switchblade knife, which has a blade that

2 opens automatically by hand pressure applied to a button,

3 spring or other device in the handle of the knife, does not

4 apply to a person who possesses a currently valid Firearm

5 Owner's Identification Card previously issued in his or

6 her name by the Illinois State Police or to a person or an

7 entity engaged in the business of selling or manufacturing

8 switchblade knives.

9 (Source: P.A. 101-223, eff. 1-1-20; 102-538, eff. 8-20-21;

10 102-1116, eff. 1-10-23.)

11 (720 ILCS 5/24-1.1) (from Ch. 38, par. 24-1.1)

12 Sec. 24-1.1. Unlawful ~~use or~~ possession of weapons by

13 felons or persons in the custody of the Department of

14 Corrections facilities.

15 (a) It is unlawful for a person to knowingly possess on or

16 about his person or on his land or in his own abode or fixed

17 place of business any weapon prohibited under Section 24-1 of

18 this Act or any firearm or any firearm ammunition if the person

19 has been convicted of a felony under the laws of this State or

20 any other jurisdiction. This Section shall not apply if the

21 person has been granted relief by the Director of the Illinois

22 State Police under Section 10 of the Firearm Owners

23 Identification Card Act.

24 (b) It is unlawful for any person confined in a penal

25 institution, which is a facility of the Illinois Department of

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1 Corrections, to possess any weapon prohibited under Section

2 24-1 of this Code or any firearm or firearm ammunition,

3 regardless of the intent with which he possesses it.

4 (c) It shall be an affirmative defense to a violation of

5 subsection (b), that such possession was specifically

6 authorized by rule, regulation, or directive of the Illinois

7 Department of Corrections or order issued pursuant thereto.

8 (d) The defense of necessity is not available to a person

9 who is charged with a violation of subsection (b) of this

10 Section.

11 (e) Sentence. Violation of this Section by a person not

12 confined in a penal institution shall be a Class 3 felony for

13 which the person shall be sentenced to no less than 2 years and

14 no more than 10 years. A second or subsequent violation of this

15 Section shall be a Class 2 felony for which the person shall be

16 sentenced to a term of imprisonment of not less than 3 years

17 and not more than 14 years, except as provided for in Section

18 5-4.5-110 of the Unified Code of Corrections. Violation of

19 this Section by a person not confined in a penal institution

20 who has been convicted of a forcible felony, a felony

21 violation of Article 24 of this Code or of the Firearm Owners

22 Identification Card Act, stalking or aggravated stalking, or a

23 Class 2 or greater felony under the Illinois Controlled

24 Substances Act, the Cannabis Control Act, or the

25 Methamphetamine Control and Community Protection Act is a

26 Class 2 felony for which the person shall be sentenced to not

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1 less than 3 years and not more than 14 years, except as

2 provided for in Section 5-4.5-110 of the Unified Code of

3 Corrections. Violation of this Section by a person who is on

4 parole or mandatory supervised release is a Class 2 felony for

5 which the person shall be sentenced to not less than 3 years

6 and not more than 14 years, except as provided for in Section

7 5-4.5-110 of the Unified Code of Corrections. Violation of

8 this Section by a person not confined in a penal institution is

9 a Class X felony when the firearm possessed is a machine gun.

10 Any person who violates this Section while confined in a penal

11 institution, which is a facility of the Illinois Department of

12 Corrections, is guilty of a Class 1 felony, if he possesses any

13 weapon prohibited under Section 24-1 of this Code regardless

14 of the intent with which he possesses it, a Class X felony if

15 he possesses any firearm, firearm ammunition or explosive, and

16 a Class X felony for which the offender shall be sentenced to

17 not less than 12 years and not more than 50 years when the

18 firearm possessed is a machine gun. A violation of this

19 Section while wearing or in possession of body armor as

20 defined in Section 33F-1 is a Class X felony punishable by a

21 term of imprisonment of not less than 10 years and not more

22 than 40 years. The possession of each firearm or firearm

23 ammunition in violation of this Section constitutes a single

24 and separate violation.

25 (Source: P.A. 102-538, eff. 8-20-21.)

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1 (720 ILCS 5/24-1.6)

2 Sec. 24-1.6. Aggravated unlawful possession ~~use~~ of a

3 weapon.

4 (a) A person commits the offense of aggravated unlawful

5 possession ~~use~~ of a weapon when he or she knowingly:

6 (1) Carries on or about his or her person or in any

7 vehicle or concealed on or about his or her person except

8 when on his or her land or in his or her abode, legal

9 dwelling, or fixed place of business, or on the land or in

10 the legal dwelling of another person as an invitee with

11 that person's permission, any pistol, revolver, stun gun

12 or taser or other firearm; or

13 (2) Carries or possesses on or about his or her

14 person, upon any public street, alley, or other public

15 lands within the corporate limits of a city, village or

16 incorporated town, except when an invitee thereon or

17 therein, for the purpose of the display of such weapon or

18 the lawful commerce in weapons, or except when on his or

19 her own land or in his or her own abode, legal dwelling, or

20 fixed place of business, or on the land or in the legal

21 dwelling of another person as an invitee with that

22 person's permission, any pistol, revolver, stun gun or

23 taser or other firearm; and

24 (3) One of the following factors is present:

25 (A) the firearm, other than a pistol, revolver, or

26 handgun, possessed was uncased, loaded, and

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1 immediately accessible at the time of the offense; or

2 (A-5) the pistol, revolver, or handgun possessed

3 was uncased, loaded, and immediately accessible at the

4 time of the offense and the person possessing the

5 pistol, revolver, or handgun has not been issued a

6 currently valid license under the Firearm Concealed

7 Carry Act; or

8 (B) the firearm, other than a pistol, revolver, or

9 handgun, possessed was uncased, unloaded, and the

10 ammunition for the weapon was immediately accessible

11 at the time of the offense; or

12 (B-5) the pistol, revolver, or handgun possessed

13 was uncased, unloaded, and the ammunition for the

14 weapon was immediately accessible at the time of the

15 offense and the person possessing the pistol,

16 revolver, or handgun has not been issued a currently

17 valid license under the Firearm Concealed Carry Act;

18 or

19 (C) the person possessing the firearm has not been

20 issued a currently valid Firearm Owner's

21 Identification Card; or

22 (D) the person possessing the weapon was

23 previously adjudicated a delinquent minor under the

24 Juvenile Court Act of 1987 for an act that if committed

25 by an adult would be a felony; or

26 (E) the person possessing the weapon was engaged

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1 in a misdemeanor violation of the Cannabis Control

2 Act, in a misdemeanor violation of the Illinois

3 Controlled Substances Act, or in a misdemeanor

4 violation of the Methamphetamine Control and Community

5 Protection Act; or

6 (F) (blank); or

7 (G) the person possessing the weapon had an order

8 of protection issued against him or her within the

9 previous 2 years; or

10 (H) the person possessing the weapon was engaged

11 in the commission or attempted commission of a

12 misdemeanor involving the use or threat of violence

13 against the person or property of another; or

14 (I) the person possessing the weapon was under 21

15 years of age and in possession of a handgun, unless the

16 person under 21 is engaged in lawful activities under

17 the Wildlife Code or described in subsection

18 24-2(b)(1), (b)(3), or 24-2(f).

19 (a-5) "Handgun" as used in this Section has the meaning

20 given to it in Section 5 of the Firearm Concealed Carry Act.

21 (b) "Stun gun or taser" as used in this Section has the

22 same definition given to it in Section 24-1 of this Code.

23 (c) This Section does not apply to or affect the

24 transportation or possession of weapons that:

25 (i) are broken down in a non-functioning state; or

26 (ii) are not immediately accessible; or

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1 (iii) are unloaded and enclosed in a case, firearm

2 carrying box, shipping box, or other container by a person

3 who has been issued a currently valid Firearm Owner's

4 Identification Card.

5 (d) Sentence.

6 (1) Aggravated unlawful possession ~~use~~ of a weapon is

7 a Class 4 felony; a second or subsequent offense is a Class

8 2 felony for which the person shall be sentenced to a term

9 of imprisonment of not less than 3 years and not more than

10 7 years, except as provided for in Section 5-4.5-110 of

11 the Unified Code of Corrections.

12 (2) Except as otherwise provided in paragraphs (3) and

13 (4) of this subsection (d), a first offense of aggravated

14 unlawful possession ~~use~~ of a weapon committed with a

15 firearm by a person 18 years of age or older where the

16 factors listed in both items (A) and (C) or both items

17 (A-5) and (C) of paragraph (3) of subsection (a) are

18 present is a Class 4 felony, for which the person shall be

19 sentenced to a term of imprisonment of not less than one

20 year and not more than 3 years.

21 (3) Aggravated unlawful possession ~~use~~ of a weapon by

22 a person who has been previously convicted of a felony in

23 this State or another jurisdiction is a Class 2 felony for

24 which the person shall be sentenced to a term of

25 imprisonment of not less than 3 years and not more than 7

26 years, except as provided for in Section 5-4.5-110 of the

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1 Unified Code of Corrections.

2 (4) Aggravated unlawful possession ~~use~~ of a weapon

3 while wearing or in possession of body armor as defined in

4 Section 33F-1 by a person who has not been issued a valid

5 Firearms Owner's Identification Card in accordance with

6 Section 5 of the Firearm Owners Identification Card Act is

7 a Class X felony.

8 (e) The possession of each firearm in violation of this

9 Section constitutes a single and separate violation.

10 (Source: P.A. 100-3, eff. 1-1-18; 100-201, eff. 8-18-17.)

11 (720 ILCS 5/24-1.7)

12 Sec. 24-1.7. Persistent unlawful possession of a weapon

13 ~~Armed habitual criminal~~.

14 (a) A person commits the offense of persistent unlawful

15 possession of a weapon ~~being an armed habitual criminal~~ if he

16 or she receives, sells, possesses, or transfers any firearm

17 after having been convicted a total of 2 or more times of any

18 combination of the following offenses:

19 (1) a forcible felony as defined in Section 2-8 of

20 this Code;

21 (2) unlawful possession ~~use~~ of a weapon by a felon;

22 aggravated unlawful possession ~~use~~ of a weapon; aggravated

23 discharge of a firearm; vehicular hijacking; aggravated

24 vehicular hijacking; aggravated battery of a child as

25 described in Section 12-4.3 or subdivision (b)(1) of

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1 Section 12-3.05; intimidation; aggravated intimidation;

2 gunrunning; home invasion; or aggravated battery with a

3 firearm as described in Section 12-4.2 or subdivision

4 (e)(1), (e)(2), (e)(3), or (e)(4) of Section 12-3.05; or

5 (3) any violation of the Illinois Controlled

6 Substances Act or the Cannabis Control Act that is

7 punishable as a Class 3 felony or higher.

8 (b) Sentence. Persistent unlawful possession of a weapon

9 ~~Being an armed habitual criminal~~ is a Class X felony.

10 (Source: P.A. 96-1551, eff. 7-1-11.)

11 (720 ILCS 5/24-2.1) (from Ch. 38, par. 24-2.1)

12 Sec. 24-2.1. Unlawful possession ~~use~~ of firearm

13 projectiles.

14 (a) A person commits the offense of unlawful possession

15 ~~use~~ of firearm projectiles when he or she knowingly

16 manufactures, sells, purchases, possesses, or carries any

17 armor piercing bullet, dragon's breath shotgun shell, bolo

18 shell, or flechette shell.

19 For the purposes of this Section:

20 "Armor piercing bullet" means any handgun bullet or

21 handgun ammunition with projectiles or projectile cores

22 constructed entirely (excluding the presence of traces of

23 other substances) from tungsten alloys, steel, iron, brass,

24 bronze, beryllium copper or depleted uranium, or fully

25 jacketed bullets larger than 22 caliber designed and intended

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1 for use in a handgun and whose jacket has a weight of more than

2 25% of the total weight of the projectile, and excluding those

3 handgun projectiles whose cores are composed of soft materials

4 such as lead or lead alloys, zinc or zinc alloys, frangible

5 projectiles designed primarily for sporting purposes, and any

6 other projectiles or projectile cores that the U. S. Secretary

7 of the Treasury finds to be primarily intended to be used for

8 sporting purposes or industrial purposes or that otherwise

9 does not constitute "armor piercing ammunition" as that term

10 is defined by federal law.

11 The definition contained herein shall not be construed to

12 include shotgun shells.

13 "Dragon's breath shotgun shell" means any shotgun shell

14 that contains exothermic pyrophoric mesh metal as the

15 projectile and is designed for the purpose of throwing or

16 spewing a flame or fireball to simulate a flame-thrower.

17 "Bolo shell" means any shell that can be fired in a firearm

18 and expels as projectiles 2 or more metal balls connected by

19 solid metal wire.

20 "Flechette shell" means any shell that can be fired in a

21 firearm and expels 2 or more pieces of fin-stabilized solid

22 metal wire or 2 or more solid dart-type projectiles.

23 (b) Exemptions. This Section does not apply to or affect

24 any of the following:

25 (1) Peace officers.

26 (2) Wardens, superintendents and keepers of prisons,

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1 penitentiaries, jails and other institutions for the

2 detention of persons accused or convicted of an offense.

3 (3) Members of the Armed Services or Reserve Forces of

4 the United States or the Illinois National Guard while in

5 the performance of their official duties.

6 (4) Federal officials required to carry firearms,

7 while engaged in the performance of their official duties.

8 (5) United States Marshals, while engaged in the

9 performance of their official duties.

10 (6) Persons licensed under federal law to manufacture,

11 import, or sell firearms and firearm ammunition, and

12 actually engaged in any such business, but only with

13 respect to activities which are within the lawful scope of

14 such business, such as the manufacture, transportation, or

15 testing of such bullets or ammunition.

16 This exemption does not authorize the general private

17 possession of any armor piercing bullet, dragon's breath

18 shotgun shell, bolo shell, or flechette shell, but only

19 such possession and activities which are within the lawful

20 scope of a licensed business described in this paragraph.

21 (7) Laboratories having a department of forensic

22 ballistics or specializing in the development of

23 ammunition or explosive ordnance.

24 (8) Manufacture, transportation, or sale of armor

25 piercing bullets, dragon's breath shotgun shells, bolo

26 shells, or flechette shells to persons specifically

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1 authorized under paragraphs (1) through (7) of this

2 subsection to possess such bullets or shells.

3 (c) An information or indictment based upon a violation of

4 this Section need not negate any exemption herein contained.

5 The defendant shall have the burden of proving such an

6 exemption.

7 (d) Sentence. A person convicted of unlawful possession

8 ~~use~~ of armor piercing bullets shall be guilty of a Class 3

9 felony.

10 (Source: P.A. 92-423, eff. 1-1-02.)

11 (720 ILCS 5/24-3.6)

12 Sec. 24-3.6. Unlawful possession ~~use~~ of a firearm in the

13 shape of a wireless telephone.

14 (a) For the purposes of this Section, "wireless telephone"

15 means a device that is capable of transmitting or receiving

16 telephonic communications without a wire connecting the device

17 to the telephone network.

18 (b) A person commits the offense of unlawful possession

19 ~~use~~ of a firearm in the shape of a wireless telephone when he

20 or she manufactures, sells, transfers, purchases, possesses,

21 or carries a firearm shaped or designed to appear as a wireless

22 telephone.

23 (c) This Section does not apply to or affect the sale to or

24 possession of a firearm in the shape of a wireless telephone by

25 a peace officer.

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1 (d) Sentence. Unlawful possession ~~use~~ of a firearm in the

2 shape of a wireless telephone is a Class 4 felony.

3 (Source: P.A. 92-155, eff. 1-1-02.)

4 (720 ILCS 5/24-11 new)

5 Sec. 24-11. Unlawful possession of weapons retroactive

6 name change. If any person before the effective date of this

7 amendatory Act of the 103rd General Assembly has been

8 arrested, charged, prosecuted, convicted, or sentenced for

9 unlawful use of weapons, unlawful use or possession of weapons

10 by felons or persons in the custody of the Department of

11 Corrections facilities, aggravated unlawful use of a weapon,

12 being an armed habitual criminal, unlawful use of firearm

13 projectiles, or unlawful use of a firearm in the shape of a

14 wireless telephone, the changes of the names and the

15 defendants to unlawful possession of weapons, unlawful

16 possession of weapons by felons or persons in the custody of

17 the Department of Corrections facilities, aggravated unlawful

18 possession of a weapon, persistent unlawful possession of a

19 weapon, unlawful possession of firearm projectiles, and

20 unlawful possession of a firearm in the shape of a wireless

21 telephone, shall retroactively be made in any criminal

22 background records maintained by the Illinois State Police,

23 law enforcement agencies, clerks of the circuit court, and any

24 other State agencies providing criminal background information

25 to the public under the following timelines:

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1 (1) records created prior to January 1, 2025, but on

2 or after January 1, 2018, shall be changed prior to

3 January 1, 2026;

4 (2) records created prior to January 1, 2018, but on

5 or after January 1, 2005, shall be changed prior to

6 January 1, 2027; and

7 (3) records created prior to January 1, 2005 shall be

8 changed prior to January 1, 2028.

9 (720 ILCS 5/36-1) (from Ch. 38, par. 36-1)

10 Sec. 36-1. Property subject to forfeiture.

11 (a) Any vessel or watercraft, vehicle, or aircraft is

12 subject to forfeiture under this Article if the vessel or

13 watercraft, vehicle, or aircraft is used with the knowledge

14 and consent of the owner in the commission of or in the attempt

15 to commit as defined in Section 8-4 of this Code:

16 (1) an offense prohibited by Section 9-1 (first degree

17 murder), Section 9-3 (involuntary manslaughter and

18 reckless homicide), Section 10-2 (aggravated kidnaping),

19 Section 11-1.20 (criminal sexual assault), Section 11-1.30

20 (aggravated criminal sexual assault), Section 11-1.40

21 (predatory criminal sexual assault of a child), subsection

22 (a) of Section 11-1.50 (criminal sexual abuse), subsection

23 (a), (c), or (d) of Section 11-1.60 (aggravated criminal

24 sexual abuse), Section 11-6 (indecent solicitation of a

25 child), Section 11-14.4 (promoting juvenile prostitution

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1 except for keeping a place of juvenile prostitution),

2 Section 11-20.1 (child pornography), paragraph (a)(1),

3 (a)(2), (a)(4), (b)(1), (b)(2), (e)(1), (e)(2), (e)(3),

4 (e)(4), (e)(5), (e)(6), or (e)(7) of Section 12-3.05

5 (aggravated battery), Section 12-7.3 (stalking), Section

6 12-7.4 (aggravated stalking), Section 16-1 (theft if the

7 theft is of precious metal or of scrap metal), subdivision

8 (f)(2) or (f)(3) of Section 16-25 (retail theft), Section

9 18-2 (armed robbery), Section 19-1 (burglary), Section

10 19-2 (possession of burglary tools), Section 19-3

11 (residential burglary), Section 20-1 (arson; residential

12 arson; place of worship arson), Section 20-2 (possession

13 of explosives or explosive or incendiary devices),

14 subdivision (a)(6) or (a)(7) of Section 24-1 (unlawful

15 possession ~~use~~ of weapons), Section 24-1.2 (aggravated

16 discharge of a firearm), Section 24-1.2-5 (aggravated

17 discharge of a machine gun or a firearm equipped with a

18 device designed or used for silencing the report of a

19 firearm), Section 24-1.5 (reckless discharge of a

20 firearm), Section 28-1 (gambling), or Section 29D-15.2

21 (possession of a deadly substance) of this Code;

22 (2) an offense prohibited by Section 21, 22, 23, 24 or

23 26 of the Cigarette Tax Act if the vessel or watercraft,

24 vehicle, or aircraft contains more than 10 cartons of such

25 cigarettes;

26 (3) an offense prohibited by Section 28, 29, or 30 of

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1 the Cigarette Use Tax Act if the vessel or watercraft,

2 vehicle, or aircraft contains more than 10 cartons of such

3 cigarettes;

4 (4) an offense prohibited by Section 44 of the

5 Environmental Protection Act;

6 (5) an offense prohibited by Section 11-204.1 of the

7 Illinois Vehicle Code (aggravated fleeing or attempting to

8 elude a peace officer);

9 (6) an offense prohibited by Section 11-501 of the

10 Illinois Vehicle Code (driving while under the influence

11 of alcohol or other drug or drugs, intoxicating compound

12 or compounds or any combination thereof) or a similar

13 provision of a local ordinance, and:

14 (A) during a period in which his or her driving

15 privileges are revoked or suspended if the revocation

16 or suspension was for:

17 (i) Section 11-501 (driving under the

18 influence of alcohol or other drug or drugs,

19 intoxicating compound or compounds or any

20 combination thereof),

21 (ii) Section 11-501.1 (statutory summary

22 suspension or revocation),

23 (iii) paragraph (b) of Section 11-401 (motor

24 vehicle crashes involving death or personal

25 injuries), or

26 (iv) reckless homicide as defined in Section

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1 9-3 of this Code;

2 (B) has been previously convicted of reckless

3 homicide or a similar provision of a law of another

4 state relating to reckless homicide in which the

5 person was determined to have been under the influence

6 of alcohol, other drug or drugs, or intoxicating

7 compound or compounds as an element of the offense or

8 the person has previously been convicted of committing

9 a violation of driving under the influence of alcohol

10 or other drug or drugs, intoxicating compound or

11 compounds or any combination thereof and was involved

12 in a motor vehicle crash that resulted in death, great

13 bodily harm, or permanent disability or disfigurement

14 to another, when the violation was a proximate cause

15 of the death or injuries;

16 (C) the person committed a violation of driving

17 under the influence of alcohol or other drug or drugs,

18 intoxicating compound or compounds or any combination

19 thereof under Section 11-501 of the Illinois Vehicle

20 Code or a similar provision for the third or

21 subsequent time;

22 (D) he or she did not possess a valid driver's

23 license or permit or a valid restricted driving permit

24 or a valid judicial driving permit or a valid

25 monitoring device driving permit; or

26 (E) he or she knew or should have known that the

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1 vehicle he or she was driving was not covered by a

2 liability insurance policy;

3 (7) an offense described in subsection (g) of Section

4 6-303 of the Illinois Vehicle Code;

5 (8) an offense described in subsection (e) of Section

6 6-101 of the Illinois Vehicle Code; or

7 (9)(A) operating a watercraft under the influence of

8 alcohol, other drug or drugs, intoxicating compound or

9 compounds, or combination thereof under Section 5-16 of

10 the Boat Registration and Safety Act during a period in

11 which his or her privileges to operate a watercraft are

12 revoked or suspended and the revocation or suspension was

13 for operating a watercraft under the influence of alcohol,

14 other drug or drugs, intoxicating compound or compounds,

15 or combination thereof; (B) operating a watercraft under

16 the influence of alcohol, other drug or drugs,

17 intoxicating compound or compounds, or combination thereof

18 and has been previously convicted of reckless homicide or

19 a similar provision of a law in another state relating to

20 reckless homicide in which the person was determined to

21 have been under the influence of alcohol, other drug or

22 drugs, intoxicating compound or compounds, or combination

23 thereof as an element of the offense or the person has

24 previously been convicted of committing a violation of

25 operating a watercraft under the influence of alcohol,

26 other drug or drugs, intoxicating compound or compounds,

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1 or combination thereof and was involved in an accident

2 that resulted in death, great bodily harm, or permanent

3 disability or disfigurement to another, when the violation

4 was a proximate cause of the death or injuries; or (C) the

5 person committed a violation of operating a watercraft

6 under the influence of alcohol, other drug or drugs,

7 intoxicating compound or compounds, or combination thereof

8 under Section 5-16 of the Boat Registration and Safety Act

9 or a similar provision for the third or subsequent time.

10 (b) In addition, any mobile or portable equipment used in

11 the commission of an act which is in violation of Section 7g of

12 the Metropolitan Water Reclamation District Act shall be

13 subject to seizure and forfeiture under the same procedures

14 provided in this Article for the seizure and forfeiture of

15 vessels or watercraft, vehicles, and aircraft, and any such

16 equipment shall be deemed a vessel or watercraft, vehicle, or

17 aircraft for purposes of this Article.

18 (c) In addition, when a person discharges a firearm at

19 another individual from a vehicle with the knowledge and

20 consent of the owner of the vehicle and with the intent to

21 cause death or great bodily harm to that individual and as a

22 result causes death or great bodily harm to that individual,

23 the vehicle shall be subject to seizure and forfeiture under

24 the same procedures provided in this Article for the seizure

25 and forfeiture of vehicles used in violations of clauses (1),

26 (2), (3), or (4) of subsection (a) of this Section.

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1 (d) If the spouse of the owner of a vehicle seized for an

2 offense described in subsection (g) of Section 6-303 of the

3 Illinois Vehicle Code, a violation of subdivision (d)(1)(A),

4 (d)(1)(D), (d)(1)(G), (d)(1)(H), or (d)(1)(I) of Section

5 11-501 of the Illinois Vehicle Code, or Section 9-3 of this

6 Code makes a showing that the seized vehicle is the only source

7 of transportation and it is determined that the financial

8 hardship to the family as a result of the seizure outweighs the

9 benefit to the State from the seizure, the vehicle may be

10 forfeited to the spouse or family member and the title to the

11 vehicle shall be transferred to the spouse or family member

12 who is properly licensed and who requires the use of the

13 vehicle for employment or family transportation purposes. A

14 written declaration of forfeiture of a vehicle under this

15 Section shall be sufficient cause for the title to be

16 transferred to the spouse or family member. The provisions of

17 this paragraph shall apply only to one forfeiture per vehicle.

18 If the vehicle is the subject of a subsequent forfeiture

19 proceeding by virtue of a subsequent conviction of either

20 spouse or the family member, the spouse or family member to

21 whom the vehicle was forfeited under the first forfeiture

22 proceeding may not utilize the provisions of this paragraph in

23 another forfeiture proceeding. If the owner of the vehicle

24 seized owns more than one vehicle, the procedure set out in

25 this paragraph may be used for only one vehicle.

26 (e) In addition, property subject to forfeiture under

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1 Section 40 of the Illinois Streetgang Terrorism Omnibus

2 Prevention Act may be seized and forfeited under this Article.

3 (Source: P.A. 102-982, eff. 7-1-23.)

4 Section 25. The Code of Criminal Procedure of 1963 is

5 amended by changing Section 110-6.1 as follows:

6 (725 ILCS 5/110-6.1) (from Ch. 38, par. 110-6.1)

7 Sec. 110-6.1. Denial of pretrial release.

8 (a) Upon verified petition by the State, the court shall

9 hold a hearing and may deny a defendant pretrial release only

10 if:

11 (1) the defendant is charged with a felony offense

12 other than a forcible felony for which, based on the

13 charge or the defendant's criminal history, a sentence of

14 imprisonment, without probation, periodic imprisonment or

15 conditional discharge, is required by law upon conviction,

16 and it is alleged that the defendant's pretrial release

17 poses a real and present threat to the safety of any person

18 or persons or the community, based on the specific

19 articulable facts of the case;

20 (1.5) the defendant's pretrial release poses a real

21 and present threat to the safety of any person or persons

22 or the community, based on the specific articulable facts

23 of the case, and the defendant is charged with a forcible

24 felony, which as used in this Section, means treason,

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1 first degree murder, second degree murder, predatory

2 criminal sexual assault of a child, aggravated criminal

3 sexual assault, criminal sexual assault, armed robbery,

4 aggravated robbery, robbery, burglary where there is use

5 of force against another person, residential burglary,

6 home invasion, vehicular invasion, aggravated arson,

7 arson, aggravated kidnaping, kidnaping, aggravated battery

8 resulting in great bodily harm or permanent disability or

9 disfigurement or any other felony which involves the

10 threat of or infliction of great bodily harm or permanent

11 disability or disfigurement;

12 (2) the defendant is charged with stalking or

13 aggravated stalking, and it is alleged that the

14 defendant's pre-trial release poses a real and present

15 threat to the safety of a victim of the alleged offense,

16 and denial of release is necessary to prevent fulfillment

17 of the threat upon which the charge is based;

18 (3) the defendant is charged with a violation of an

19 order of protection issued under Section 112A-14 of this

20 Code or Section 214 of the Illinois Domestic Violence Act

21 of 1986, a stalking no contact order under Section 80 of

22 the Stalking No Contact Order Act, or of a civil no contact

23 order under Section 213 of the Civil No Contact Order Act,

24 and it is alleged that the defendant's pretrial release

25 poses a real and present threat to the safety of any person

26 or persons or the community, based on the specific

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1 articulable facts of the case;

2 (4) the defendant is charged with domestic battery or

3 aggravated domestic battery under Section 12-3.2 or 12-3.3

4 of the Criminal Code of 2012 and it is alleged that the

5 defendant's pretrial release poses a real and present

6 threat to the safety of any person or persons or the

7 community, based on the specific articulable facts of the

8 case;

9 (5) the defendant is charged with any offense under

10 Article 11 of the Criminal Code of 2012, except for

11 Sections 11-14, 11-14.1, 11-18, 11-20, 11-30, 11-35,

12 11-40, and 11-45 of the Criminal Code of 2012, or similar

13 provisions of the Criminal Code of 1961 and it is alleged

14 that the defendant's pretrial release poses a real and

15 present threat to the safety of any person or persons or

16 the community, based on the specific articulable facts of

17 the case;

18 (6) the defendant is charged with any of the following

19 offenses under the Criminal Code of 2012, and it is

20 alleged that the defendant's pretrial release poses a real

21 and present threat to the safety of any person or persons

22 or the community, based on the specific articulable facts

23 of the case:

24 (A) Section 24-1.2 (aggravated discharge of a

25 firearm);

26 (B) Section 24-2.5 (aggravated discharge of a

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1 machine gun or a firearm equipped with a device

2 designed or use for silencing the report of a

3 firearm);

4 (C) Section 24-1.5 (reckless discharge of a

5 firearm);

6 (D) Section 24-1.7 (persistent unlawful possession

7 of a weapon ~~armed habitual criminal~~);

8 (E) Section 24-2.2 (manufacture, sale or transfer

9 of bullets or shells represented to be armor piercing

10 bullets, dragon's breath shotgun shells, bolo shells,

11 or flechette shells);

12 (F) Section 24-3 (unlawful sale or delivery of

13 firearms);

14 (G) Section 24-3.3 (unlawful sale or delivery of

15 firearms on the premises of any school);

16 (H) Section 24-34 (unlawful sale of firearms by

17 liquor license);

18 (I) Section 24-3.5 (unlawful purchase of a

19 firearm);

20 (J) Section 24-3A (gunrunning);

21 (K) Section 24-3B (firearms trafficking);

22 (L) Section 10-9 (b) (involuntary servitude);

23 (M) Section 10-9 (c) (involuntary sexual servitude

24 of a minor);

25 (N) Section 10-9(d) (trafficking in persons);

26 (O) Non-probationable violations: (i) unlawful ~~use~~

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1 ~~or~~ possession of weapons by felons or persons in the

2 Custody of the Department of Corrections facilities

3 (Section 24-1.1), (ii) aggravated unlawful possession

4 ~~use~~ of a weapon (Section 24-1.6), or (iii) aggravated

5 possession of a stolen firearm (Section 24-3.9);

6 (P) Section 9-3 (reckless homicide and involuntary

7 manslaughter);

8 (Q) Section 19-3 (residential burglary);

9 (R) Section 10-5 (child abduction);

10 (S) Felony violations of Section 12C-5 (child

11 endangerment);

12 (T) Section 12-7.1 (hate crime);

13 (U) Section 10-3.1 (aggravated unlawful

14 restraint);

15 (V) Section 12-9 (threatening a public official);

16 (W) Subdivision (f)(1) of Section 12-3.05

17 (aggravated battery with a deadly weapon other than by

18 discharge of a firearm);

19 (6.5) the defendant is charged with any of the

20 following offenses, and it is alleged that the defendant's

21 pretrial release poses a real and present threat to the

22 safety of any person or persons or the community, based on

23 the specific articulable facts of the case:

24 (A) Felony violations of Sections 3.01, 3.02, or

25 3.03 of the Humane Care for Animals Act (cruel

26 treatment, aggravated cruelty, and animal torture);

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1 (B) Subdivision (d)(1)(B) of Section 11-501 of the

2 Illinois Vehicle Code (aggravated driving under the

3 influence while operating a school bus with

4 passengers);

5 (C) Subdivision (d)(1)(C) of Section 11-501 of the

6 Illinois Vehicle Code (aggravated driving under the

7 influence causing great bodily harm);

8 (D) Subdivision (d)(1)(D) of Section 11-501 of the

9 Illinois Vehicle Code (aggravated driving under the

10 influence after a previous reckless homicide

11 conviction);

12 (E) Subdivision (d)(1)(F) of Section 11-501 of the

13 Illinois Vehicle Code (aggravated driving under the

14 influence leading to death); or

15 (F) Subdivision (d)(1)(J) of Section 11-501 of the

16 Illinois Vehicle Code (aggravated driving under the

17 influence that resulted in bodily harm to a child

18 under the age of 16);

19 (7) the defendant is charged with an attempt to commit

20 any charge listed in paragraphs (1) through (6.5), and it

21 is alleged that the defendant's pretrial release poses a

22 real and present threat to the safety of any person or

23 persons or the community, based on the specific

24 articulable facts of the case; or

25 (8) the person has a high likelihood of willful flight

26 to avoid prosecution and is charged with:

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1 (A) Any felony described in subdivisions (a)(1)

2 through (a)(7) of this Section; or

3 (B) A felony offense other than a Class 4 offense.

4 (b) If the charged offense is a felony, as part of the

5 detention hearing, the court shall determine whether there is

6 probable cause the defendant has committed an offense, unless

7 a hearing pursuant to Section 109-3 of this Code has already

8 been held or a grand jury has returned a true bill of

9 indictment against the defendant. If there is a finding of no

10 probable cause, the defendant shall be released. No such

11 finding is necessary if the defendant is charged with a

12 misdemeanor.

13 (c) Timing of petition.

14 (1) A petition may be filed without prior notice to

15 the defendant at the first appearance before a judge, or

16 within the 21 calendar days, except as provided in Section

17 110-6, after arrest and release of the defendant upon

18 reasonable notice to defendant; provided that while such

19 petition is pending before the court, the defendant if

20 previously released shall not be detained.

21 (2) Upon filing, the court shall immediately hold a

22 hearing on the petition unless a continuance is requested.

23 If a continuance is requested and granted, the hearing

24 shall be held within 48 hours of the defendant's first

25 appearance if the defendant is charged with first degree

26 murder or a Class X, Class 1, Class 2, or Class 3 felony,

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1 and within 24 hours if the defendant is charged with a

2 Class 4 or misdemeanor offense. The Court may deny or

3 grant the request for continuance. If the court decides to

4 grant the continuance, the Court retains the discretion to

5 detain or release the defendant in the time between the

6 filing of the petition and the hearing.

7 (d) Contents of petition.

8 (1) The petition shall be verified by the State and

9 shall state the grounds upon which it contends the

10 defendant should be denied pretrial release, including the

11 real and present threat to the safety of any person or

12 persons or the community, based on the specific

13 articulable facts or flight risk, as appropriate.

14 (2) If the State seeks to file a second or subsequent

15 petition under this Section, the State shall be required

16 to present a verified application setting forth in detail

17 any new facts not known or obtainable at the time of the

18 filing of the previous petition.

19 (e) Eligibility: All defendants shall be presumed eligible

20 for pretrial release, and the State shall bear the burden of

21 proving by clear and convincing evidence that:

22 (1) the proof is evident or the presumption great that

23 the defendant has committed an offense listed in

24 subsection (a), and

25 (2) for offenses listed in paragraphs (1) through (7)

26 of subsection (a), the defendant poses a real and present

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1 threat to the safety of any person or persons or the

2 community, based on the specific articulable facts of the

3 case, by conduct which may include, but is not limited to,

4 a forcible felony, the obstruction of justice,

5 intimidation, injury, or abuse as defined by paragraph (1)

6 of Section 103 of the Illinois Domestic Violence Act of

7 1986, and

8 (3) no condition or combination of conditions set

9 forth in subsection (b) of Section 110-10 of this Article

10 can mitigate (i) the real and present threat to the safety

11 of any person or persons or the community, based on the

12 specific articulable facts of the case, for offenses

13 listed in paragraphs (1) through (7) of subsection (a), or

14 (ii) the defendant's willful flight for offenses listed in

15 paragraph (8) of subsection (a), and

16 (4) for offenses under subsection (b) of Section 407

17 of the Illinois Controlled Substances Act that are subject

18 to paragraph (1) of subsection (a), no condition or

19 combination of conditions set forth in subsection (b) of

20 Section 110-10 of this Article can mitigate the real and

21 present threat to the safety of any person or persons or

22 the community, based on the specific articulable facts of

23 the case, and the defendant poses a serious risk to not

24 appear in court as required.

25 (f) Conduct of the hearings.

26 (1) Prior to the hearing, the State shall tender to

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1 the defendant copies of the defendant's criminal history

2 available, any written or recorded statements, and the

3 substance of any oral statements made by any person, if

4 relied upon by the State in its petition, and any police

5 reports in the prosecutor's possession at the time of the

6 hearing.

7 (2) The State or defendant may present evidence at the

8 hearing by way of proffer based upon reliable information.

9 (3) The defendant has the right to be represented by

10 counsel, and if he or she is indigent, to have counsel

11 appointed for him or her. The defendant shall have the

12 opportunity to testify, to present witnesses on his or her

13 own behalf, and to cross-examine any witnesses that are

14 called by the State. Defense counsel shall be given

15 adequate opportunity to confer with the defendant before

16 any hearing at which conditions of release or the

17 detention of the defendant are to be considered, with an

18 accommodation for a physical condition made to facilitate

19 attorney/client consultation. If defense counsel needs to

20 confer or consult with the defendant during any hearing

21 conducted via a two-way audio-visual communication system,

22 such consultation shall not be recorded and shall be

23 undertaken consistent with constitutional protections.

24 (3.5) A hearing at which pretrial release may be

25 denied must be conducted in person (and not by way of

26 two-way audio visual communication) unless the accused

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1 waives the right to be present physically in court, the

2 court determines that the physical health and safety of

3 any person necessary to the proceedings would be

4 endangered by appearing in court, or the chief judge of

5 the circuit orders use of that system due to operational

6 challenges in conducting the hearing in person. Such

7 operational challenges must be documented and approved by

8 the chief judge of the circuit, and a plan to address the

9 challenges through reasonable efforts must be presented

10 and approved by the Administrative Office of the Illinois

11 Courts every 6 months.

12 (4) If the defense seeks to compel the complaining

13 witness to testify as a witness in its favor, it shall

14 petition the court for permission. When the ends of

15 justice so require, the court may exercise its discretion

16 and compel the appearance of a complaining witness. The

17 court shall state on the record reasons for granting a

18 defense request to compel the presence of a complaining

19 witness only on the issue of the defendant's pretrial

20 detention. In making a determination under this Section,

21 the court shall state on the record the reason for

22 granting a defense request to compel the presence of a

23 complaining witness, and only grant the request if the

24 court finds by clear and convincing evidence that the

25 defendant will be materially prejudiced if the complaining

26 witness does not appear. Cross-examination of a

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1 complaining witness at the pretrial detention hearing for

2 the purpose of impeaching the witness' credibility is

3 insufficient reason to compel the presence of the witness.

4 In deciding whether to compel the appearance of a

5 complaining witness, the court shall be considerate of the

6 emotional and physical well-being of the witness. The

7 pre-trial detention hearing is not to be used for purposes

8 of discovery, and the post arraignment rules of discovery

9 do not apply. The State shall tender to the defendant,

10 prior to the hearing, copies, if any, of the defendant's

11 criminal history, if available, and any written or

12 recorded statements and the substance of any oral

13 statements made by any person, if in the State's

14 Attorney's possession at the time of the hearing.

15 (5) The rules concerning the admissibility of evidence

16 in criminal trials do not apply to the presentation and

17 consideration of information at the hearing. At the trial

18 concerning the offense for which the hearing was conducted

19 neither the finding of the court nor any transcript or

20 other record of the hearing shall be admissible in the

21 State's case-in-chief, but shall be admissible for

22 impeachment, or as provided in Section 115-10.1 of this

23 Code, or in a perjury proceeding.

24 (6) The defendant may not move to suppress evidence or

25 a confession, however, evidence that proof of the charged

26 crime may have been the result of an unlawful search or

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1 seizure, or both, or through improper interrogation, is

2 relevant in assessing the weight of the evidence against

3 the defendant.

4 (7) Decisions regarding release, conditions of

5 release, and detention prior to trial must be

6 individualized, and no single factor or standard may be

7 used exclusively to order detention. Risk assessment tools

8 may not be used as the sole basis to deny pretrial release.

9 (g) Factors to be considered in making a determination of

10 dangerousness. The court may, in determining whether the

11 defendant poses a real and present threat to the safety of any

12 person or persons or the community, based on the specific

13 articulable facts of the case, consider, but shall not be

14 limited to, evidence or testimony concerning:

15 (1) The nature and circumstances of any offense

16 charged, including whether the offense is a crime of

17 violence, involving a weapon, or a sex offense.

18 (2) The history and characteristics of the defendant

19 including:

20 (A) Any evidence of the defendant's prior criminal

21 history indicative of violent, abusive or assaultive

22 behavior, or lack of such behavior. Such evidence may

23 include testimony or documents received in juvenile

24 proceedings, criminal, quasi-criminal, civil

25 commitment, domestic relations, or other proceedings.

26 (B) Any evidence of the defendant's psychological,

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1 psychiatric or other similar social history which

2 tends to indicate a violent, abusive, or assaultive

3 nature, or lack of any such history.

4 (3) The identity of any person or persons to whose

5 safety the defendant is believed to pose a threat, and the

6 nature of the threat.

7 (4) Any statements made by, or attributed to the

8 defendant, together with the circumstances surrounding

9 them.

10 (5) The age and physical condition of the defendant.

11 (6) The age and physical condition of any victim or

12 complaining witness.

13 (7) Whether the defendant is known to possess or have

14 access to any weapon or weapons.

15 (8) Whether, at the time of the current offense or any

16 other offense or arrest, the defendant was on probation,

17 parole, aftercare release, mandatory supervised release or

18 other release from custody pending trial, sentencing,

19 appeal or completion of sentence for an offense under

20 federal or state law.

21 (9) Any other factors, including those listed in

22 Section 110-5 of this Article deemed by the court to have a

23 reasonable bearing upon the defendant's propensity or

24 reputation for violent, abusive, or assaultive behavior,

25 or lack of such behavior.

26 (h) Detention order. The court shall, in any order for

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1 detention:

2 (1) make a written finding summarizing the court's

3 reasons for concluding that the defendant should be denied

4 pretrial release, including why less restrictive

5 conditions would not avoid a real and present threat to

6 the safety of any person or persons or the community,

7 based on the specific articulable facts of the case, or

8 prevent the defendant's willful flight from prosecution;

9 (2) direct that the defendant be committed to the

10 custody of the sheriff for confinement in the county jail

11 pending trial;

12 (3) direct that the defendant be given a reasonable

13 opportunity for private consultation with counsel, and for

14 communication with others of his or her choice by

15 visitation, mail and telephone; and

16 (4) direct that the sheriff deliver the defendant as

17 required for appearances in connection with court

18 proceedings.

19 (i) Detention. If the court enters an order for the

20 detention of the defendant pursuant to subsection (e) of this

21 Section, the defendant shall be brought to trial on the

22 offense for which he is detained within 90 days after the date

23 on which the order for detention was entered. If the defendant

24 is not brought to trial within the 90-day period required by

25 the preceding sentence, he shall not be denied pretrial

26 release. In computing the 90-day period, the court shall omit

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1 any period of delay resulting from a continuance granted at

2 the request of the defendant and any period of delay resulting

3 from a continuance granted at the request of the State with

4 good cause shown pursuant to Section 103-5.

5 (i-5) At each subsequent appearance of the defendant

6 before the court, the judge must find that continued detention

7 is necessary to avoid a real and present threat to the safety

8 of any person or persons or the community, based on the

9 specific articulable facts of the case, or to prevent the

10 defendant's willful flight from prosecution.

11 (j) Rights of the defendant. The defendant shall be

12 entitled to appeal any order entered under this Section

13 denying his or her pretrial release.

14 (k) Appeal. The State may appeal any order entered under

15 this Section denying any motion for denial of pretrial

16 release.

17 (l) Presumption of innocence. Nothing in this Section

18 shall be construed as modifying or limiting in any way the

19 defendant's presumption of innocence in further criminal

20 proceedings.

21 (m) Interest of victims.

22 (1) Crime victims shall be given notice by the State's

23 Attorney's office of this hearing as required in paragraph (1)

24 of subsection (b) of Section 4.5 of the Rights of Crime Victims

25 and Witnesses Act and shall be informed of their opportunity

26 at this hearing to obtain a protective order.

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1 (2) If the defendant is denied pretrial release, the court

2 may impose a no contact provision with the victim or other

3 interested party that shall be enforced while the defendant

4 remains in custody.

5 (Source: P.A. 101-652, eff. 1-1-23; 102-1104, eff. 1-1-23.)

6 Section 30. The Unified Code of Corrections is amended by

7 changing Sections 3-6-3, 5-5-3.2, and 5-6-3.6 as follows:

8 (730 ILCS 5/3-6-3)

9 Sec. 3-6-3. Rules and regulations for sentence credit.

10 (a)(1) The Department of Corrections shall prescribe rules

11 and regulations for awarding and revoking sentence credit for

12 persons committed to the Department of Corrections and the

13 Department of Juvenile Justice shall prescribe rules and

14 regulations for awarding and revoking sentence credit for

15 persons committed to the Department of Juvenile Justice under

16 Section 5-8-6 of the Unified Code of Corrections, which shall

17 be subject to review by the Prisoner Review Board.

18 (1.5) As otherwise provided by law, sentence credit may be

19 awarded for the following:

20 (A) successful completion of programming while in

21 custody of the Department of Corrections or the Department

22 of Juvenile Justice or while in custody prior to

23 sentencing;

24 (B) compliance with the rules and regulations of the

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1 Department; or

2 (C) service to the institution, service to a

3 community, or service to the State.

4 (2) Except as provided in paragraph (4.7) of this

5 subsection (a), the rules and regulations on sentence credit

6 shall provide, with respect to offenses listed in clause (i),

7 (ii), or (iii) of this paragraph (2) committed on or after June

8 19, 1998 or with respect to the offense listed in clause (iv)

9 of this paragraph (2) committed on or after June 23, 2005 (the

10 effective date of Public Act 94-71) or with respect to offense

11 listed in clause (vi) committed on or after June 1, 2008 (the

12 effective date of Public Act 95-625) or with respect to the

13 offense of persistent unlawful possession of a weapon ~~being an~~

14 ~~armed habitual criminal~~ committed on or after August 2, 2005

15 (the effective date of Public Act 94-398) or with respect to

16 the offenses listed in clause (v) of this paragraph (2)

17 committed on or after August 13, 2007 (the effective date of

18 Public Act 95-134) or with respect to the offense of

19 aggravated domestic battery committed on or after July 23,

20 2010 (the effective date of Public Act 96-1224) or with

21 respect to the offense of attempt to commit terrorism

22 committed on or after January 1, 2013 (the effective date of

23 Public Act 97-990), the following:

24 (i) that a prisoner who is serving a term of

25 imprisonment for first degree murder or for the offense of

26 terrorism shall receive no sentence credit and shall serve

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1 the entire sentence imposed by the court;

2 (ii) that a prisoner serving a sentence for attempt to

3 commit terrorism, attempt to commit first degree murder,

4 solicitation of murder, solicitation of murder for hire,

5 intentional homicide of an unborn child, predatory

6 criminal sexual assault of a child, aggravated criminal

7 sexual assault, criminal sexual assault, aggravated

8 kidnapping, aggravated battery with a firearm as described

9 in Section 12-4.2 or subdivision (e)(1), (e)(2), (e)(3),

10 or (e)(4) of Section 12-3.05, heinous battery as described

11 in Section 12-4.1 or subdivision (a)(2) of Section

12 12-3.05, persistent unlawful possession of a weapon ~~being~~

13 ~~an armed habitual criminal~~, aggravated battery of a senior

14 citizen as described in Section 12-4.6 or subdivision

15 (a)(4) of Section 12-3.05, or aggravated battery of a

16 child as described in Section 12-4.3 or subdivision (b)(1)

17 of Section 12-3.05 shall receive no more than 4.5 days of

18 sentence credit for each month of his or her sentence of

19 imprisonment;

20 (iii) that a prisoner serving a sentence for home

21 invasion, armed robbery, aggravated vehicular hijacking,

22 aggravated discharge of a firearm, or armed violence with

23 a category I weapon or category II weapon, when the court

24 has made and entered a finding, pursuant to subsection

25 (c-1) of Section 5-4-1 of this Code, that the conduct

26 leading to conviction for the enumerated offense resulted

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1 in great bodily harm to a victim, shall receive no more

2 than 4.5 days of sentence credit for each month of his or

3 her sentence of imprisonment;

4 (iv) that a prisoner serving a sentence for aggravated

5 discharge of a firearm, whether or not the conduct leading

6 to conviction for the offense resulted in great bodily

7 harm to the victim, shall receive no more than 4.5 days of

8 sentence credit for each month of his or her sentence of

9 imprisonment;

10 (v) that a person serving a sentence for gunrunning,

11 narcotics racketeering, controlled substance trafficking,

12 methamphetamine trafficking, drug-induced homicide,

13 aggravated methamphetamine-related child endangerment,

14 money laundering pursuant to clause (c) (4) or (5) of

15 Section 29B-1 of the Criminal Code of 1961 or the Criminal

16 Code of 2012, or a Class X felony conviction for delivery

17 of a controlled substance, possession of a controlled

18 substance with intent to manufacture or deliver,

19 calculated criminal drug conspiracy, criminal drug

20 conspiracy, street gang criminal drug conspiracy,

21 participation in methamphetamine manufacturing,

22 aggravated participation in methamphetamine

23 manufacturing, delivery of methamphetamine, possession

24 with intent to deliver methamphetamine, aggravated

25 delivery of methamphetamine, aggravated possession with

26 intent to deliver methamphetamine, methamphetamine

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1 conspiracy when the substance containing the controlled

2 substance or methamphetamine is 100 grams or more shall

3 receive no more than 7.5 days sentence credit for each

4 month of his or her sentence of imprisonment;

5 (vi) that a prisoner serving a sentence for a second

6 or subsequent offense of luring a minor shall receive no

7 more than 4.5 days of sentence credit for each month of his

8 or her sentence of imprisonment; and

9 (vii) that a prisoner serving a sentence for

10 aggravated domestic battery shall receive no more than 4.5

11 days of sentence credit for each month of his or her

12 sentence of imprisonment.

13 (2.1) For all offenses, other than those enumerated in

14 subdivision (a)(2)(i), (ii), or (iii) committed on or after

15 June 19, 1998 or subdivision (a)(2)(iv) committed on or after

16 June 23, 2005 (the effective date of Public Act 94-71) or

17 subdivision (a)(2)(v) committed on or after August 13, 2007

18 (the effective date of Public Act 95-134) or subdivision

19 (a)(2)(vi) committed on or after June 1, 2008 (the effective

20 date of Public Act 95-625) or subdivision (a)(2)(vii)

21 committed on or after July 23, 2010 (the effective date of

22 Public Act 96-1224), and other than the offense of aggravated

23 driving under the influence of alcohol, other drug or drugs,

24 or intoxicating compound or compounds, or any combination

25 thereof as defined in subparagraph (F) of paragraph (1) of

26 subsection (d) of Section 11-501 of the Illinois Vehicle Code,

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1 and other than the offense of aggravated driving under the

2 influence of alcohol, other drug or drugs, or intoxicating

3 compound or compounds, or any combination thereof as defined

4 in subparagraph (C) of paragraph (1) of subsection (d) of

5 Section 11-501 of the Illinois Vehicle Code committed on or

6 after January 1, 2011 (the effective date of Public Act

7 96-1230), the rules and regulations shall provide that a

8 prisoner who is serving a term of imprisonment shall receive

9 one day of sentence credit for each day of his or her sentence

10 of imprisonment or recommitment under Section 3-3-9. Each day

11 of sentence credit shall reduce by one day the prisoner's

12 period of imprisonment or recommitment under Section 3-3-9.

13 (2.2) A prisoner serving a term of natural life

14 imprisonment shall receive no sentence credit.

15 (2.3) Except as provided in paragraph (4.7) of this

16 subsection (a), the rules and regulations on sentence credit

17 shall provide that a prisoner who is serving a sentence for

18 aggravated driving under the influence of alcohol, other drug

19 or drugs, or intoxicating compound or compounds, or any

20 combination thereof as defined in subparagraph (F) of

21 paragraph (1) of subsection (d) of Section 11-501 of the

22 Illinois Vehicle Code, shall receive no more than 4.5 days of

23 sentence credit for each month of his or her sentence of

24 imprisonment.

25 (2.4) Except as provided in paragraph (4.7) of this

26 subsection (a), the rules and regulations on sentence credit

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1 shall provide with respect to the offenses of aggravated

2 battery with a machine gun or a firearm equipped with any

3 device or attachment designed or used for silencing the report

4 of a firearm or aggravated discharge of a machine gun or a

5 firearm equipped with any device or attachment designed or

6 used for silencing the report of a firearm, committed on or

7 after July 15, 1999 (the effective date of Public Act 91-121),

8 that a prisoner serving a sentence for any of these offenses

9 shall receive no more than 4.5 days of sentence credit for each

10 month of his or her sentence of imprisonment.

11 (2.5) Except as provided in paragraph (4.7) of this

12 subsection (a), the rules and regulations on sentence credit

13 shall provide that a prisoner who is serving a sentence for

14 aggravated arson committed on or after July 27, 2001 (the

15 effective date of Public Act 92-176) shall receive no more

16 than 4.5 days of sentence credit for each month of his or her

17 sentence of imprisonment.

18 (2.6) Except as provided in paragraph (4.7) of this

19 subsection (a), the rules and regulations on sentence credit

20 shall provide that a prisoner who is serving a sentence for

21 aggravated driving under the influence of alcohol, other drug

22 or drugs, or intoxicating compound or compounds or any

23 combination thereof as defined in subparagraph (C) of

24 paragraph (1) of subsection (d) of Section 11-501 of the

25 Illinois Vehicle Code committed on or after January 1, 2011

26 (the effective date of Public Act 96-1230) shall receive no

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1 more than 4.5 days of sentence credit for each month of his or

2 her sentence of imprisonment.

3 (3) In addition to the sentence credits earned under

4 paragraphs (2.1), (4), (4.1), (4.2), and (4.7) of this

5 subsection (a), the rules and regulations shall also provide

6 that the Director of Corrections or the Director of Juvenile

7 Justice may award up to 180 days of earned sentence credit for

8 prisoners serving a sentence of incarceration of less than 5

9 years, and up to 365 days of earned sentence credit for

10 prisoners serving a sentence of 5 years or longer. The

11 Director may grant this credit for good conduct in specific

12 instances as either Director deems proper for eligible persons

13 in the custody of each Director's respective Department. The

14 good conduct may include, but is not limited to, compliance

15 with the rules and regulations of the Department, service to

16 the Department, service to a community, or service to the

17 State.

18 Eligible inmates for an award of earned sentence credit

19 under this paragraph (3) may be selected to receive the credit

20 at either Director's or his or her designee's sole discretion.

21 Eligibility for the additional earned sentence credit under

22 this paragraph (3) may be based on, but is not limited to,

23 participation in programming offered by the Department as

24 appropriate for the prisoner based on the results of any

25 available risk/needs assessment or other relevant assessments

26 or evaluations administered by the Department using a

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1 validated instrument, the circumstances of the crime,

2 demonstrated commitment to rehabilitation by a prisoner with a

3 history of conviction for a forcible felony enumerated in

4 Section 2-8 of the Criminal Code of 2012, the inmate's

5 behavior and improvements in disciplinary history while

6 incarcerated, and the inmate's commitment to rehabilitation,

7 including participation in programming offered by the

8 Department.

9 The Director of Corrections or the Director of Juvenile

10 Justice shall not award sentence credit under this paragraph

11 (3) to an inmate unless the inmate has served a minimum of 60

12 days of the sentence, including time served in a county jail;

13 except nothing in this paragraph shall be construed to permit

14 either Director to extend an inmate's sentence beyond that

15 which was imposed by the court. Prior to awarding credit under

16 this paragraph (3), each Director shall make a written

17 determination that the inmate:

18 (A) is eligible for the earned sentence credit;

19 (B) has served a minimum of 60 days, or as close to 60

20 days as the sentence will allow;

21 (B-1) has received a risk/needs assessment or other

22 relevant evaluation or assessment administered by the

23 Department using a validated instrument; and

24 (C) has met the eligibility criteria established by

25 rule for earned sentence credit.

26 The Director of Corrections or the Director of Juvenile

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1 Justice shall determine the form and content of the written

2 determination required in this subsection.

3 (3.5) The Department shall provide annual written reports

4 to the Governor and the General Assembly on the award of earned

5 sentence credit no later than February 1 of each year. The

6 Department must publish both reports on its website within 48

7 hours of transmitting the reports to the Governor and the

8 General Assembly. The reports must include:

9 (A) the number of inmates awarded earned sentence

10 credit;

11 (B) the average amount of earned sentence credit

12 awarded;

13 (C) the holding offenses of inmates awarded earned

14 sentence credit; and

15 (D) the number of earned sentence credit revocations.

16 (4)(A) Except as provided in paragraph (4.7) of this

17 subsection (a), the rules and regulations shall also provide

18 that any prisoner who is engaged full-time in substance abuse

19 programs, correctional industry assignments, educational

20 programs, work-release programs or activities in accordance

21 with Article 13 of Chapter III of this Code, behavior

22 modification programs, life skills courses, or re-entry

23 planning provided by the Department under this paragraph (4)

24 and satisfactorily completes the assigned program as

25 determined by the standards of the Department, shall receive

26 one day of sentence credit for each day in which that prisoner

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1 is engaged in the activities described in this paragraph. The

2 rules and regulations shall also provide that sentence credit

3 may be provided to an inmate who was held in pre-trial

4 detention prior to his or her current commitment to the

5 Department of Corrections and successfully completed a

6 full-time, 60-day or longer substance abuse program,

7 educational program, behavior modification program, life

8 skills course, or re-entry planning provided by the county

9 department of corrections or county jail. Calculation of this

10 county program credit shall be done at sentencing as provided

11 in Section 5-4.5-100 of this Code and shall be included in the

12 sentencing order. The rules and regulations shall also provide

13 that sentence credit may be provided to an inmate who is in

14 compliance with programming requirements in an adult

15 transition center.

16 (B) The Department shall award sentence credit under this

17 paragraph (4) accumulated prior to January 1, 2020 (the

18 effective date of Public Act 101-440) in an amount specified

19 in subparagraph (C) of this paragraph (4) to an inmate serving

20 a sentence for an offense committed prior to June 19, 1998, if

21 the Department determines that the inmate is entitled to this

22 sentence credit, based upon:

23 (i) documentation provided by the Department that the

24 inmate engaged in any full-time substance abuse programs,

25 correctional industry assignments, educational programs,

26 behavior modification programs, life skills courses, or

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1 re-entry planning provided by the Department under this

2 paragraph (4) and satisfactorily completed the assigned

3 program as determined by the standards of the Department

4 during the inmate's current term of incarceration; or

5 (ii) the inmate's own testimony in the form of an

6 affidavit or documentation, or a third party's

7 documentation or testimony in the form of an affidavit

8 that the inmate likely engaged in any full-time substance

9 abuse programs, correctional industry assignments,

10 educational programs, behavior modification programs, life

11 skills courses, or re-entry planning provided by the

12 Department under paragraph (4) and satisfactorily

13 completed the assigned program as determined by the

14 standards of the Department during the inmate's current

15 term of incarceration.

16 (C) If the inmate can provide documentation that he or she

17 is entitled to sentence credit under subparagraph (B) in

18 excess of 45 days of participation in those programs, the

19 inmate shall receive 90 days of sentence credit. If the inmate

20 cannot provide documentation of more than 45 days of

21 participation in those programs, the inmate shall receive 45

22 days of sentence credit. In the event of a disagreement

23 between the Department and the inmate as to the amount of

24 credit accumulated under subparagraph (B), if the Department

25 provides documented proof of a lesser amount of days of

26 participation in those programs, that proof shall control. If

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1 the Department provides no documentary proof, the inmate's

2 proof as set forth in clause (ii) of subparagraph (B) shall

3 control as to the amount of sentence credit provided.

4 (D) If the inmate has been convicted of a sex offense as

5 defined in Section 2 of the Sex Offender Registration Act,

6 sentencing credits under subparagraph (B) of this paragraph

7 (4) shall be awarded by the Department only if the conditions

8 set forth in paragraph (4.6) of subsection (a) are satisfied.

9 No inmate serving a term of natural life imprisonment shall

10 receive sentence credit under subparagraph (B) of this

11 paragraph (4).

12 (E) The rules and regulations shall provide for the

13 recalculation of program credits awarded pursuant to this

14 paragraph (4) prior to July 1, 2021 (the effective date of

15 Public Act 101-652) at the rate set for such credits on and

16 after July 1, 2021.

17 Educational, vocational, substance abuse, behavior

18 modification programs, life skills courses, re-entry planning,

19 and correctional industry programs under which sentence credit

20 may be earned under this paragraph (4) and paragraph (4.1) of

21 this subsection (a) shall be evaluated by the Department on

22 the basis of documented standards. The Department shall report

23 the results of these evaluations to the Governor and the

24 General Assembly by September 30th of each year. The reports

25 shall include data relating to the recidivism rate among

26 program participants.

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1 Availability of these programs shall be subject to the

2 limits of fiscal resources appropriated by the General

3 Assembly for these purposes. Eligible inmates who are denied

4 immediate admission shall be placed on a waiting list under

5 criteria established by the Department. The rules and

6 regulations shall provide that a prisoner who has been placed

7 on a waiting list but is transferred for non-disciplinary

8 reasons before beginning a program shall receive priority

9 placement on the waitlist for appropriate programs at the new

10 facility. The inability of any inmate to become engaged in any

11 such programs by reason of insufficient program resources or

12 for any other reason established under the rules and

13 regulations of the Department shall not be deemed a cause of

14 action under which the Department or any employee or agent of

15 the Department shall be liable for damages to the inmate. The

16 rules and regulations shall provide that a prisoner who begins

17 an educational, vocational, substance abuse, work-release

18 programs or activities in accordance with Article 13 of

19 Chapter III of this Code, behavior modification program, life

20 skills course, re-entry planning, or correctional industry

21 programs but is unable to complete the program due to illness,

22 disability, transfer, lockdown, or another reason outside of

23 the prisoner's control shall receive prorated sentence credits

24 for the days in which the prisoner did participate.

25 (4.1) Except as provided in paragraph (4.7) of this

26 subsection (a), the rules and regulations shall also provide

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1 that an additional 90 days of sentence credit shall be awarded

2 to any prisoner who passes high school equivalency testing

3 while the prisoner is committed to the Department of

4 Corrections. The sentence credit awarded under this paragraph

5 (4.1) shall be in addition to, and shall not affect, the award

6 of sentence credit under any other paragraph of this Section,

7 but shall also be pursuant to the guidelines and restrictions

8 set forth in paragraph (4) of subsection (a) of this Section.

9 The sentence credit provided for in this paragraph shall be

10 available only to those prisoners who have not previously

11 earned a high school diploma or a State of Illinois High School

12 Diploma. If, after an award of the high school equivalency

13 testing sentence credit has been made, the Department

14 determines that the prisoner was not eligible, then the award

15 shall be revoked. The Department may also award 90 days of

16 sentence credit to any committed person who passed high school

17 equivalency testing while he or she was held in pre-trial

18 detention prior to the current commitment to the Department of

19 Corrections. Except as provided in paragraph (4.7) of this

20 subsection (a), the rules and regulations shall provide that

21 an additional 120 days of sentence credit shall be awarded to

22 any prisoner who obtains an associate degree while the

23 prisoner is committed to the Department of Corrections,

24 regardless of the date that the associate degree was obtained,

25 including if prior to July 1, 2021 (the effective date of

26 Public Act 101-652). The sentence credit awarded under this

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1 paragraph (4.1) shall be in addition to, and shall not affect,

2 the award of sentence credit under any other paragraph of this

3 Section, but shall also be under the guidelines and

4 restrictions set forth in paragraph (4) of subsection (a) of

5 this Section. The sentence credit provided for in this

6 paragraph (4.1) shall be available only to those prisoners who

7 have not previously earned an associate degree prior to the

8 current commitment to the Department of Corrections. If, after

9 an award of the associate degree sentence credit has been made

10 and the Department determines that the prisoner was not

11 eligible, then the award shall be revoked. The Department may

12 also award 120 days of sentence credit to any committed person

13 who earned an associate degree while he or she was held in

14 pre-trial detention prior to the current commitment to the

15 Department of Corrections.

16 Except as provided in paragraph (4.7) of this subsection

17 (a), the rules and regulations shall provide that an

18 additional 180 days of sentence credit shall be awarded to any

19 prisoner who obtains a bachelor's degree while the prisoner is

20 committed to the Department of Corrections. The sentence

21 credit awarded under this paragraph (4.1) shall be in addition

22 to, and shall not affect, the award of sentence credit under

23 any other paragraph of this Section, but shall also be under

24 the guidelines and restrictions set forth in paragraph (4) of

25 this subsection (a). The sentence credit provided for in this

26 paragraph shall be available only to those prisoners who have

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1 not earned a bachelor's degree prior to the current commitment

2 to the Department of Corrections. If, after an award of the

3 bachelor's degree sentence credit has been made, the

4 Department determines that the prisoner was not eligible, then

5 the award shall be revoked. The Department may also award 180

6 days of sentence credit to any committed person who earned a

7 bachelor's degree while he or she was held in pre-trial

8 detention prior to the current commitment to the Department of

9 Corrections.

10 Except as provided in paragraph (4.7) of this subsection

11 (a), the rules and regulations shall provide that an

12 additional 180 days of sentence credit shall be awarded to any

13 prisoner who obtains a master's or professional degree while

14 the prisoner is committed to the Department of Corrections.

15 The sentence credit awarded under this paragraph (4.1) shall

16 be in addition to, and shall not affect, the award of sentence

17 credit under any other paragraph of this Section, but shall

18 also be under the guidelines and restrictions set forth in

19 paragraph (4) of this subsection (a). The sentence credit

20 provided for in this paragraph shall be available only to

21 those prisoners who have not previously earned a master's or

22 professional degree prior to the current commitment to the

23 Department of Corrections. If, after an award of the master's

24 or professional degree sentence credit has been made, the

25 Department determines that the prisoner was not eligible, then

26 the award shall be revoked. The Department may also award 180

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1 days of sentence credit to any committed person who earned a

2 master's or professional degree while he or she was held in

3 pre-trial detention prior to the current commitment to the

4 Department of Corrections.

5 (4.2)(A) The rules and regulations shall also provide that

6 any prisoner engaged in self-improvement programs, volunteer

7 work, or work assignments that are not otherwise eligible

8 activities under paragraph (4), shall receive up to 0.5 days

9 of sentence credit for each day in which the prisoner is

10 engaged in activities described in this paragraph.

11 (B) The rules and regulations shall provide for the award

12 of sentence credit under this paragraph (4.2) for qualifying

13 days of engagement in eligible activities occurring prior to

14 July 1, 2021 (the effective date of Public Act 101-652).

15 (4.5) The rules and regulations on sentence credit shall

16 also provide that when the court's sentencing order recommends

17 a prisoner for substance abuse treatment and the crime was

18 committed on or after September 1, 2003 (the effective date of

19 Public Act 93-354), the prisoner shall receive no sentence

20 credit awarded under clause (3) of this subsection (a) unless

21 he or she participates in and completes a substance abuse

22 treatment program. The Director of Corrections may waive the

23 requirement to participate in or complete a substance abuse

24 treatment program in specific instances if the prisoner is not

25 a good candidate for a substance abuse treatment program for

26 medical, programming, or operational reasons. Availability of

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1 substance abuse treatment shall be subject to the limits of

2 fiscal resources appropriated by the General Assembly for

3 these purposes. If treatment is not available and the

4 requirement to participate and complete the treatment has not

5 been waived by the Director, the prisoner shall be placed on a

6 waiting list under criteria established by the Department. The

7 Director may allow a prisoner placed on a waiting list to

8 participate in and complete a substance abuse education class

9 or attend substance abuse self-help meetings in lieu of a

10 substance abuse treatment program. A prisoner on a waiting

11 list who is not placed in a substance abuse program prior to

12 release may be eligible for a waiver and receive sentence

13 credit under clause (3) of this subsection (a) at the

14 discretion of the Director.

15 (4.6) The rules and regulations on sentence credit shall

16 also provide that a prisoner who has been convicted of a sex

17 offense as defined in Section 2 of the Sex Offender

18 Registration Act shall receive no sentence credit unless he or

19 she either has successfully completed or is participating in

20 sex offender treatment as defined by the Sex Offender

21 Management Board. However, prisoners who are waiting to

22 receive treatment, but who are unable to do so due solely to

23 the lack of resources on the part of the Department, may, at

24 either Director's sole discretion, be awarded sentence credit

25 at a rate as the Director shall determine.

26 (4.7) On or after January 1, 2018 (the effective date of

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1 Public Act 100-3), sentence credit under paragraph (3), (4),

2 or (4.1) of this subsection (a) may be awarded to a prisoner

3 who is serving a sentence for an offense described in

4 paragraph (2), (2.3), (2.4), (2.5), or (2.6) for credit earned

5 on or after January 1, 2018 (the effective date of Public Act

6 100-3); provided, the award of the credits under this

7 paragraph (4.7) shall not reduce the sentence of the prisoner

8 to less than the following amounts:

9 (i) 85% of his or her sentence if the prisoner is

10 required to serve 85% of his or her sentence; or

11 (ii) 60% of his or her sentence if the prisoner is

12 required to serve 75% of his or her sentence, except if the

13 prisoner is serving a sentence for gunrunning his or her

14 sentence shall not be reduced to less than 75%.

15 (iii) 100% of his or her sentence if the prisoner is

16 required to serve 100% of his or her sentence.

17 (5) Whenever the Department is to release any inmate

18 earlier than it otherwise would because of a grant of earned

19 sentence credit under paragraph (3) of subsection (a) of this

20 Section given at any time during the term, the Department

21 shall give reasonable notice of the impending release not less

22 than 14 days prior to the date of the release to the State's

23 Attorney of the county where the prosecution of the inmate

24 took place, and if applicable, the State's Attorney of the

25 county into which the inmate will be released. The Department

26 must also make identification information and a recent photo

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1 of the inmate being released accessible on the Internet by

2 means of a hyperlink labeled "Community Notification of Inmate

3 Early Release" on the Department's World Wide Web homepage.

4 The identification information shall include the inmate's:

5 name, any known alias, date of birth, physical

6 characteristics, commitment offense, and county where

7 conviction was imposed. The identification information shall

8 be placed on the website within 3 days of the inmate's release

9 and the information may not be removed until either:

10 completion of the first year of mandatory supervised release

11 or return of the inmate to custody of the Department.

12 (b) Whenever a person is or has been committed under

13 several convictions, with separate sentences, the sentences

14 shall be construed under Section 5-8-4 in granting and

15 forfeiting of sentence credit.

16 (c) (1) The Department shall prescribe rules and

17 regulations for revoking sentence credit, including revoking

18 sentence credit awarded under paragraph (3) of subsection (a)

19 of this Section. The Department shall prescribe rules and

20 regulations establishing and requiring the use of a sanctions

21 matrix for revoking sentence credit. The Department shall

22 prescribe rules and regulations for suspending or reducing the

23 rate of accumulation of sentence credit for specific rule

24 violations, during imprisonment. These rules and regulations

25 shall provide that no inmate may be penalized more than one

26 year of sentence credit for any one infraction.

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1 (2) When the Department seeks to revoke, suspend, or

2 reduce the rate of accumulation of any sentence credits for an

3 alleged infraction of its rules, it shall bring charges

4 therefor against the prisoner sought to be so deprived of

5 sentence credits before the Prisoner Review Board as provided

6 in subparagraph (a)(4) of Section 3-3-2 of this Code, if the

7 amount of credit at issue exceeds 30 days, whether from one

8 infraction or cumulatively from multiple infractions arising

9 out of a single event, or when, during any 12-month period, the

10 cumulative amount of credit revoked exceeds 30 days except

11 where the infraction is committed or discovered within 60 days

12 of scheduled release. In those cases, the Department of

13 Corrections may revoke up to 30 days of sentence credit. The

14 Board may subsequently approve the revocation of additional

15 sentence credit, if the Department seeks to revoke sentence

16 credit in excess of 30 days. However, the Board shall not be

17 empowered to review the Department's decision with respect to

18 the loss of 30 days of sentence credit within any calendar year

19 for any prisoner or to increase any penalty beyond the length

20 requested by the Department.

21 (3) The Director of Corrections or the Director of

22 Juvenile Justice, in appropriate cases, may restore sentence

23 credits which have been revoked, suspended, or reduced. The

24 Department shall prescribe rules and regulations governing the

25 restoration of sentence credits. These rules and regulations

26 shall provide for the automatic restoration of sentence

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1 credits following a period in which the prisoner maintains a

2 record without a disciplinary violation.

3 Nothing contained in this Section shall prohibit the

4 Prisoner Review Board from ordering, pursuant to Section

5 3-3-9(a)(3)(i)(B), that a prisoner serve up to one year of the

6 sentence imposed by the court that was not served due to the

7 accumulation of sentence credit.

8 (d) If a lawsuit is filed by a prisoner in an Illinois or

9 federal court against the State, the Department of

10 Corrections, or the Prisoner Review Board, or against any of

11 their officers or employees, and the court makes a specific

12 finding that a pleading, motion, or other paper filed by the

13 prisoner is frivolous, the Department of Corrections shall

14 conduct a hearing to revoke up to 180 days of sentence credit

15 by bringing charges against the prisoner sought to be deprived

16 of the sentence credits before the Prisoner Review Board as

17 provided in subparagraph (a)(8) of Section 3-3-2 of this Code.

18 If the prisoner has not accumulated 180 days of sentence

19 credit at the time of the finding, then the Prisoner Review

20 Board may revoke all sentence credit accumulated by the

21 prisoner.

22 For purposes of this subsection (d):

23 (1) "Frivolous" means that a pleading, motion, or

24 other filing which purports to be a legal document filed

25 by a prisoner in his or her lawsuit meets any or all of the

26 following criteria:

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1 (A) it lacks an arguable basis either in law or in

2 fact;

3 (B) it is being presented for any improper

4 purpose, such as to harass or to cause unnecessary

5 delay or needless increase in the cost of litigation;

6 (C) the claims, defenses, and other legal

7 contentions therein are not warranted by existing law

8 or by a nonfrivolous argument for the extension,

9 modification, or reversal of existing law or the

10 establishment of new law;

11 (D) the allegations and other factual contentions

12 do not have evidentiary support or, if specifically so

13 identified, are not likely to have evidentiary support

14 after a reasonable opportunity for further

15 investigation or discovery; or

16 (E) the denials of factual contentions are not

17 warranted on the evidence, or if specifically so

18 identified, are not reasonably based on a lack of

19 information or belief.

20 (2) "Lawsuit" means a motion pursuant to Section 116-3

21 of the Code of Criminal Procedure of 1963, a habeas corpus

22 action under Article X of the Code of Civil Procedure or

23 under federal law (28 U.S.C. 2254), a petition for claim

24 under the Court of Claims Act, an action under the federal

25 Civil Rights Act (42 U.S.C. 1983), or a second or

26 subsequent petition for post-conviction relief under

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1 Article 122 of the Code of Criminal Procedure of 1963

2 whether filed with or without leave of court or a second or

3 subsequent petition for relief from judgment under Section

4 2-1401 of the Code of Civil Procedure.

5 (e) Nothing in Public Act 90-592 or 90-593 affects the

6 validity of Public Act 89-404.

7 (f) Whenever the Department is to release any inmate who

8 has been convicted of a violation of an order of protection

9 under Section 12-3.4 or 12-30 of the Criminal Code of 1961 or

10 the Criminal Code of 2012, earlier than it otherwise would

11 because of a grant of sentence credit, the Department, as a

12 condition of release, shall require that the person, upon

13 release, be placed under electronic surveillance as provided

14 in Section 5-8A-7 of this Code.

15 (Source: P.A. 102-28, eff. 6-25-21; 102-558, eff. 8-20-21;

16 102-784, eff. 5-13-22; 102-1100, eff. 1-1-23; 103-51, eff.

17 1-1-24; 103-154, eff. 6-30-23; 103-330, eff. 1-1-24; revised

18 12-15-23.)

19 (730 ILCS 5/5-5-3.2)

20 Sec. 5-5-3.2. Factors in aggravation and extended-term

21 sentencing.

22 (a) The following factors shall be accorded weight in

23 favor of imposing a term of imprisonment or may be considered

24 by the court as reasons to impose a more severe sentence under

25 Section 5-8-1 or Article 4.5 of Chapter V:

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1 (1) the defendant's conduct caused or threatened

2 serious harm;

3 (2) the defendant received compensation for committing

4 the offense;

5 (3) the defendant has a history of prior delinquency

6 or criminal activity;

7 (4) the defendant, by the duties of his office or by

8 his position, was obliged to prevent the particular

9 offense committed or to bring the offenders committing it

10 to justice;

11 (5) the defendant held public office at the time of

12 the offense, and the offense related to the conduct of

13 that office;

14 (6) the defendant utilized his professional reputation

15 or position in the community to commit the offense, or to

16 afford him an easier means of committing it;

17 (7) the sentence is necessary to deter others from

18 committing the same crime;

19 (8) the defendant committed the offense against a

20 person 60 years of age or older or such person's property;

21 (9) the defendant committed the offense against a

22 person who has a physical disability or such person's

23 property;

24 (10) by reason of another individual's actual or

25 perceived race, color, creed, religion, ancestry, gender,

26 sexual orientation, physical or mental disability, or

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1 national origin, the defendant committed the offense

2 against (i) the person or property of that individual;

3 (ii) the person or property of a person who has an

4 association with, is married to, or has a friendship with

5 the other individual; or (iii) the person or property of a

6 relative (by blood or marriage) of a person described in

7 clause (i) or (ii). For the purposes of this Section,

8 "sexual orientation" has the meaning ascribed to it in

9 paragraph (O-1) of Section 1-103 of the Illinois Human

10 Rights Act;

11 (11) the offense took place in a place of worship or on

12 the grounds of a place of worship, immediately prior to,

13 during or immediately following worship services. For

14 purposes of this subparagraph, "place of worship" shall

15 mean any church, synagogue or other building, structure or

16 place used primarily for religious worship;

17 (12) the defendant was convicted of a felony committed

18 while he was on pretrial release or his own recognizance

19 pending trial for a prior felony and was convicted of such

20 prior felony, or the defendant was convicted of a felony

21 committed while he was serving a period of probation,

22 conditional discharge, or mandatory supervised release

23 under subsection (d) of Section 5-8-1 for a prior felony;

24 (13) the defendant committed or attempted to commit a

25 felony while he was wearing a bulletproof vest. For the

26 purposes of this paragraph (13), a bulletproof vest is any

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1 device which is designed for the purpose of protecting the

2 wearer from bullets, shot or other lethal projectiles;

3 (14) the defendant held a position of trust or

4 supervision such as, but not limited to, family member as

5 defined in Section 11-0.1 of the Criminal Code of 2012,

6 teacher, scout leader, baby sitter, or day care worker, in

7 relation to a victim under 18 years of age, and the

8 defendant committed an offense in violation of Section

9 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-11,

10 11-14.4 except for an offense that involves keeping a

11 place of juvenile prostitution, 11-15.1, 11-19.1, 11-19.2,

12 11-20.1, 11-20.1B, 11-20.3, 12-13, 12-14, 12-14.1, 12-15

13 or 12-16 of the Criminal Code of 1961 or the Criminal Code

14 of 2012 against that victim;

15 (15) the defendant committed an offense related to the

16 activities of an organized gang. For the purposes of this

17 factor, "organized gang" has the meaning ascribed to it in

18 Section 10 of the Streetgang Terrorism Omnibus Prevention

19 Act;

20 (16) the defendant committed an offense in violation

21 of one of the following Sections while in a school,

22 regardless of the time of day or time of year; on any

23 conveyance owned, leased, or contracted by a school to

24 transport students to or from school or a school related

25 activity; on the real property of a school; or on a public

26 way within 1,000 feet of the real property comprising any

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1 school: Section 10-1, 10-2, 10-5, 11-1.20, 11-1.30,

2 11-1.40, 11-1.50, 11-1.60, 11-14.4, 11-15.1, 11-17.1,

3 11-18.1, 11-19.1, 11-19.2, 12-2, 12-4, 12-4.1, 12-4.2,

4 12-4.3, 12-6, 12-6.1, 12-6.5, 12-13, 12-14, 12-14.1,

5 12-15, 12-16, 18-2, or 33A-2, or Section 12-3.05 except

6 for subdivision (a)(4) or (g)(1), of the Criminal Code of

7 1961 or the Criminal Code of 2012;

8 (16.5) the defendant committed an offense in violation

9 of one of the following Sections while in a day care

10 center, regardless of the time of day or time of year; on

11 the real property of a day care center, regardless of the

12 time of day or time of year; or on a public way within

13 1,000 feet of the real property comprising any day care

14 center, regardless of the time of day or time of year:

15 Section 10-1, 10-2, 10-5, 11-1.20, 11-1.30, 11-1.40,

16 11-1.50, 11-1.60, 11-14.4, 11-15.1, 11-17.1, 11-18.1,

17 11-19.1, 11-19.2, 12-2, 12-4, 12-4.1, 12-4.2, 12-4.3,

18 12-6, 12-6.1, 12-6.5, 12-13, 12-14, 12-14.1, 12-15, 12-16,

19 18-2, or 33A-2, or Section 12-3.05 except for subdivision

20 (a)(4) or (g)(1), of the Criminal Code of 1961 or the

21 Criminal Code of 2012;

22 (17) the defendant committed the offense by reason of

23 any person's activity as a community policing volunteer or

24 to prevent any person from engaging in activity as a

25 community policing volunteer. For the purpose of this

26 Section, "community policing volunteer" has the meaning

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1 ascribed to it in Section 2-3.5 of the Criminal Code of

2 2012;

3 (18) the defendant committed the offense in a nursing

4 home or on the real property comprising a nursing home.

5 For the purposes of this paragraph (18), "nursing home"

6 means a skilled nursing or intermediate long term care

7 facility that is subject to license by the Illinois

8 Department of Public Health under the Nursing Home Care

9 Act, the Specialized Mental Health Rehabilitation Act of

10 2013, the ID/DD Community Care Act, or the MC/DD Act;

11 (19) the defendant was a federally licensed firearm

12 dealer and was previously convicted of a violation of

13 subsection (a) of Section 3 of the Firearm Owners

14 Identification Card Act and has now committed either a

15 felony violation of the Firearm Owners Identification Card

16 Act or an act of armed violence while armed with a firearm;

17 (20) the defendant (i) committed the offense of

18 reckless homicide under Section 9-3 of the Criminal Code

19 of 1961 or the Criminal Code of 2012 or the offense of

20 driving under the influence of alcohol, other drug or

21 drugs, intoxicating compound or compounds or any

22 combination thereof under Section 11-501 of the Illinois

23 Vehicle Code or a similar provision of a local ordinance

24 and (ii) was operating a motor vehicle in excess of 20

25 miles per hour over the posted speed limit as provided in

26 Article VI of Chapter 11 of the Illinois Vehicle Code;

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1 (21) the defendant (i) committed the offense of

2 reckless driving or aggravated reckless driving under

3 Section 11-503 of the Illinois Vehicle Code and (ii) was

4 operating a motor vehicle in excess of 20 miles per hour

5 over the posted speed limit as provided in Article VI of

6 Chapter 11 of the Illinois Vehicle Code;

7 (22) the defendant committed the offense against a

8 person that the defendant knew, or reasonably should have

9 known, was a member of the Armed Forces of the United

10 States serving on active duty. For purposes of this clause

11 (22), the term "Armed Forces" means any of the Armed

12 Forces of the United States, including a member of any

13 reserve component thereof or National Guard unit called to

14 active duty;

15 (23) the defendant committed the offense against a

16 person who was elderly or infirm or who was a person with a

17 disability by taking advantage of a family or fiduciary

18 relationship with the elderly or infirm person or person

19 with a disability;

20 (24) the defendant committed any offense under Section

21 11-20.1 of the Criminal Code of 1961 or the Criminal Code

22 of 2012 and possessed 100 or more images;

23 (25) the defendant committed the offense while the

24 defendant or the victim was in a train, bus, or other

25 vehicle used for public transportation;

26 (26) the defendant committed the offense of child

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1 pornography or aggravated child pornography, specifically

2 including paragraph (1), (2), (3), (4), (5), or (7) of

3 subsection (a) of Section 11-20.1 of the Criminal Code of

4 1961 or the Criminal Code of 2012 where a child engaged in,

5 solicited for, depicted in, or posed in any act of sexual

6 penetration or bound, fettered, or subject to sadistic,

7 masochistic, or sadomasochistic abuse in a sexual context

8 and specifically including paragraph (1), (2), (3), (4),

9 (5), or (7) of subsection (a) of Section 11-20.1B or

10 Section 11-20.3 of the Criminal Code of 1961 where a child

11 engaged in, solicited for, depicted in, or posed in any

12 act of sexual penetration or bound, fettered, or subject

13 to sadistic, masochistic, or sadomasochistic abuse in a

14 sexual context;

15 (27) the defendant committed the offense of first

16 degree murder, assault, aggravated assault, battery,

17 aggravated battery, robbery, armed robbery, or aggravated

18 robbery against a person who was a veteran and the

19 defendant knew, or reasonably should have known, that the

20 person was a veteran performing duties as a representative

21 of a veterans' organization. For the purposes of this

22 paragraph (27), "veteran" means an Illinois resident who

23 has served as a member of the United States Armed Forces, a

24 member of the Illinois National Guard, or a member of the

25 United States Reserve Forces; and "veterans' organization"

26 means an organization comprised of members of which

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1 substantially all are individuals who are veterans or

2 spouses, widows, or widowers of veterans, the primary

3 purpose of which is to promote the welfare of its members

4 and to provide assistance to the general public in such a

5 way as to confer a public benefit;

6 (28) the defendant committed the offense of assault,

7 aggravated assault, battery, aggravated battery, robbery,

8 armed robbery, or aggravated robbery against a person that

9 the defendant knew or reasonably should have known was a

10 letter carrier or postal worker while that person was

11 performing his or her duties delivering mail for the

12 United States Postal Service;

13 (29) the defendant committed the offense of criminal

14 sexual assault, aggravated criminal sexual assault,

15 criminal sexual abuse, or aggravated criminal sexual abuse

16 against a victim with an intellectual disability, and the

17 defendant holds a position of trust, authority, or

18 supervision in relation to the victim;

19 (30) the defendant committed the offense of promoting

20 juvenile prostitution, patronizing a prostitute, or

21 patronizing a minor engaged in prostitution and at the

22 time of the commission of the offense knew that the

23 prostitute or minor engaged in prostitution was in the

24 custody or guardianship of the Department of Children and

25 Family Services;

26 (31) the defendant (i) committed the offense of

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1 driving while under the influence of alcohol, other drug

2 or drugs, intoxicating compound or compounds or any

3 combination thereof in violation of Section 11-501 of the

4 Illinois Vehicle Code or a similar provision of a local

5 ordinance and (ii) the defendant during the commission of

6 the offense was driving his or her vehicle upon a roadway

7 designated for one-way traffic in the opposite direction

8 of the direction indicated by official traffic control

9 devices;

10 (32) the defendant committed the offense of reckless

11 homicide while committing a violation of Section 11-907 of

12 the Illinois Vehicle Code;

13 (33) the defendant was found guilty of an

14 administrative infraction related to an act or acts of

15 public indecency or sexual misconduct in the penal

16 institution. In this paragraph (33), "penal institution"

17 has the same meaning as in Section 2-14 of the Criminal

18 Code of 2012; or

19 (34) the defendant committed the offense of leaving

20 the scene of a crash in violation of subsection (b) of

21 Section 11-401 of the Illinois Vehicle Code and the crash

22 resulted in the death of a person and at the time of the

23 offense, the defendant was: (i) driving under the

24 influence of alcohol, other drug or drugs, intoxicating

25 compound or compounds or any combination thereof as

26 defined by Section 11-501 of the Illinois Vehicle Code; or

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1 (ii) operating the motor vehicle while using an electronic

2 communication device as defined in Section 12-610.2 of the

3 Illinois Vehicle Code.

4 For the purposes of this Section:

5 "School" is defined as a public or private elementary or

6 secondary school, community college, college, or university.

7 "Day care center" means a public or private State

8 certified and licensed day care center as defined in Section

9 2.09 of the Child Care Act of 1969 that displays a sign in

10 plain view stating that the property is a day care center.

11 "Intellectual disability" means significantly subaverage

12 intellectual functioning which exists concurrently with

13 impairment in adaptive behavior.

14 "Public transportation" means the transportation or

15 conveyance of persons by means available to the general

16 public, and includes paratransit services.

17 "Traffic control devices" means all signs, signals,

18 markings, and devices that conform to the Illinois Manual on

19 Uniform Traffic Control Devices, placed or erected by

20 authority of a public body or official having jurisdiction,

21 for the purpose of regulating, warning, or guiding traffic.

22 (b) The following factors, related to all felonies, may be

23 considered by the court as reasons to impose an extended term

24 sentence under Section 5-8-2 upon any offender:

25 (1) When a defendant is convicted of any felony, after

26 having been previously convicted in Illinois or any other

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1 jurisdiction of the same or similar class felony or

2 greater class felony, when such conviction has occurred

3 within 10 years after the previous conviction, excluding

4 time spent in custody, and such charges are separately

5 brought and tried and arise out of different series of

6 acts; or

7 (2) When a defendant is convicted of any felony and

8 the court finds that the offense was accompanied by

9 exceptionally brutal or heinous behavior indicative of

10 wanton cruelty; or

11 (3) When a defendant is convicted of any felony

12 committed against:

13 (i) a person under 12 years of age at the time of

14 the offense or such person's property;

15 (ii) a person 60 years of age or older at the time

16 of the offense or such person's property; or

17 (iii) a person who had a physical disability at

18 the time of the offense or such person's property; or

19 (4) When a defendant is convicted of any felony and

20 the offense involved any of the following types of

21 specific misconduct committed as part of a ceremony, rite,

22 initiation, observance, performance, practice or activity

23 of any actual or ostensible religious, fraternal, or

24 social group:

25 (i) the brutalizing or torturing of humans or

26 animals;

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1 (ii) the theft of human corpses;

2 (iii) the kidnapping of humans;

3 (iv) the desecration of any cemetery, religious,

4 fraternal, business, governmental, educational, or

5 other building or property; or

6 (v) ritualized abuse of a child; or

7 (5) When a defendant is convicted of a felony other

8 than conspiracy and the court finds that the felony was

9 committed under an agreement with 2 or more other persons

10 to commit that offense and the defendant, with respect to

11 the other individuals, occupied a position of organizer,

12 supervisor, financier, or any other position of management

13 or leadership, and the court further finds that the felony

14 committed was related to or in furtherance of the criminal

15 activities of an organized gang or was motivated by the

16 defendant's leadership in an organized gang; or

17 (6) When a defendant is convicted of an offense

18 committed while using a firearm with a laser sight

19 attached to it. For purposes of this paragraph, "laser

20 sight" has the meaning ascribed to it in Section 26-7 of

21 the Criminal Code of 2012; or

22 (7) When a defendant who was at least 17 years of age

23 at the time of the commission of the offense is convicted

24 of a felony and has been previously adjudicated a

25 delinquent minor under the Juvenile Court Act of 1987 for

26 an act that if committed by an adult would be a Class X or

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1 Class 1 felony when the conviction has occurred within 10

2 years after the previous adjudication, excluding time

3 spent in custody; or

4 (8) When a defendant commits any felony and the

5 defendant used, possessed, exercised control over, or

6 otherwise directed an animal to assault a law enforcement

7 officer engaged in the execution of his or her official

8 duties or in furtherance of the criminal activities of an

9 organized gang in which the defendant is engaged; or

10 (9) When a defendant commits any felony and the

11 defendant knowingly video or audio records the offense

12 with the intent to disseminate the recording.

13 (c) The following factors may be considered by the court

14 as reasons to impose an extended term sentence under Section

15 5-8-2 (730 ILCS 5/5-8-2) upon any offender for the listed

16 offenses:

17 (1) When a defendant is convicted of first degree

18 murder, after having been previously convicted in Illinois

19 of any offense listed under paragraph (c)(2) of Section

20 5-5-3 (730 ILCS 5/5-5-3), when that conviction has

21 occurred within 10 years after the previous conviction,

22 excluding time spent in custody, and the charges are

23 separately brought and tried and arise out of different

24 series of acts.

25 (1.5) When a defendant is convicted of first degree

26 murder, after having been previously convicted of domestic

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1 battery (720 ILCS 5/12-3.2) or aggravated domestic battery

2 (720 ILCS 5/12-3.3) committed on the same victim or after

3 having been previously convicted of violation of an order

4 of protection (720 ILCS 5/12-30) in which the same victim

5 was the protected person.

6 (2) When a defendant is convicted of voluntary

7 manslaughter, second degree murder, involuntary

8 manslaughter, or reckless homicide in which the defendant

9 has been convicted of causing the death of more than one

10 individual.

11 (3) When a defendant is convicted of aggravated

12 criminal sexual assault or criminal sexual assault, when

13 there is a finding that aggravated criminal sexual assault

14 or criminal sexual assault was also committed on the same

15 victim by one or more other individuals, and the defendant

16 voluntarily participated in the crime with the knowledge

17 of the participation of the others in the crime, and the

18 commission of the crime was part of a single course of

19 conduct during which there was no substantial change in

20 the nature of the criminal objective.

21 (4) If the victim was under 18 years of age at the time

22 of the commission of the offense, when a defendant is

23 convicted of aggravated criminal sexual assault or

24 predatory criminal sexual assault of a child under

25 subsection (a)(1) of Section 11-1.40 or subsection (a)(1)

26 of Section 12-14.1 of the Criminal Code of 1961 or the

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1 Criminal Code of 2012 (720 ILCS 5/11-1.40 or 5/12-14.1).

2 (5) When a defendant is convicted of a felony

3 violation of Section 24-1 of the Criminal Code of 1961 or

4 the Criminal Code of 2012 (720 ILCS 5/24-1) and there is a

5 finding that the defendant is a member of an organized

6 gang.

7 (6) When a defendant was convicted of unlawful

8 possession ~~use~~ of weapons under Section 24-1 of the

9 Criminal Code of 1961 or the Criminal Code of 2012 (720

10 ILCS 5/24-1) for possessing a weapon that is not readily

11 distinguishable as one of the weapons enumerated in

12 Section 24-1 of the Criminal Code of 1961 or the Criminal

13 Code of 2012 (720 ILCS 5/24-1).

14 (7) When a defendant is convicted of an offense

15 involving the illegal manufacture of a controlled

16 substance under Section 401 of the Illinois Controlled

17 Substances Act (720 ILCS 570/401), the illegal manufacture

18 of methamphetamine under Section 25 of the Methamphetamine

19 Control and Community Protection Act (720 ILCS 646/25), or

20 the illegal possession of explosives and an emergency

21 response officer in the performance of his or her duties

22 is killed or injured at the scene of the offense while

23 responding to the emergency caused by the commission of

24 the offense. In this paragraph, "emergency" means a

25 situation in which a person's life, health, or safety is

26 in jeopardy; and "emergency response officer" means a

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1 peace officer, community policing volunteer, fireman,

2 emergency medical technician-ambulance, emergency medical

3 technician-intermediate, emergency medical

4 technician-paramedic, ambulance driver, other medical

5 assistance or first aid personnel, or hospital emergency

6 room personnel.

7 (8) When the defendant is convicted of attempted mob

8 action, solicitation to commit mob action, or conspiracy

9 to commit mob action under Section 8-1, 8-2, or 8-4 of the

10 Criminal Code of 2012, where the criminal object is a

11 violation of Section 25-1 of the Criminal Code of 2012,

12 and an electronic communication is used in the commission

13 of the offense. For the purposes of this paragraph (8),

14 "electronic communication" shall have the meaning provided

15 in Section 26.5-0.1 of the Criminal Code of 2012.

16 (d) For the purposes of this Section, "organized gang" has

17 the meaning ascribed to it in Section 10 of the Illinois

18 Streetgang Terrorism Omnibus Prevention Act.

19 (e) The court may impose an extended term sentence under

20 Article 4.5 of Chapter V upon an offender who has been

21 convicted of a felony violation of Section 11-1.20, 11-1.30,

22 11-1.40, 11-1.50, 11-1.60, 12-13, 12-14, 12-14.1, 12-15, or

23 12-16 of the Criminal Code of 1961 or the Criminal Code of 2012

24 when the victim of the offense is under 18 years of age at the

25 time of the commission of the offense and, during the

26 commission of the offense, the victim was under the influence

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1 of alcohol, regardless of whether or not the alcohol was

2 supplied by the offender; and the offender, at the time of the

3 commission of the offense, knew or should have known that the

4 victim had consumed alcohol.

5 (Source: P.A. 101-173, eff. 1-1-20; 101-401, eff. 1-1-20;

6 101-417, eff. 1-1-20; 101-652, eff. 1-1-23; 102-558, eff.

7 8-20-21; 102-982, eff. 7-1-23.)

8 (730 ILCS 5/5-6-3.6)

9 Sec. 5-6-3.6. First Time Weapon Offense Program.

10 (a) The General Assembly has sought to promote public

11 safety, reduce recidivism, and conserve valuable resources of

12 the criminal justice system through the creation of diversion

13 programs for non-violent offenders. This amendatory Act of the

14 103rd General Assembly establishes a program for first-time,

15 non-violent offenders charged with certain weapons possession

16 offenses. The General Assembly recognizes some persons,

17 particularly in areas of high crime or poverty, may have

18 experienced trauma that contributes to poor decision making

19 skills, and the creation of a diversionary program poses a

20 greater benefit to the community and the person than

21 incarceration. Under this program, a court, with the consent

22 of the defendant and the State's Attorney, may sentence a

23 defendant charged with an unlawful possession ~~use~~ of weapons

24 offense under Section 24-1 of the Criminal Code of 2012 or

25 aggravated unlawful possession ~~use~~ of a weapon offense under

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1 Section 24-1.6 of the Criminal Code of 2012, if punishable as a

2 Class 4 felony or lower, to a First Time Weapon Offense

3 Program.

4 (b) A defendant is not eligible for this Program if:

5 (1) the offense was committed during the commission of

6 a violent offense as defined in subsection (h) of this

7 Section;

8 (2) he or she has previously been convicted or placed

9 on probation or conditional discharge for any violent

10 offense under the laws of this State, the laws of any other

11 state, or the laws of the United States;

12 (3) he or she had a prior successful completion of the

13 First Time Weapon Offense Program under this Section;

14 (4) he or she has previously been adjudicated a

15 delinquent minor for the commission of a violent offense;

16 (5) (blank); or

17 (6) he or she has an existing order of protection

18 issued against him or her.

19 (b-5) In considering whether a defendant shall be

20 sentenced to the First Time Weapon Offense Program, the court

21 shall consider the following:

22 (1) the age, immaturity, or limited mental capacity of

23 the defendant;

24 (2) the nature and circumstances of the offense;

25 (3) whether participation in the Program is in the

26 interest of the defendant's rehabilitation, including any

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1 employment or involvement in community, educational,

2 training, or vocational programs;

3 (4) whether the defendant suffers from trauma, as

4 supported by documentation or evaluation by a licensed

5 professional; and

6 (5) the potential risk to public safety.

7 (c) For an offense committed on or after January 1, 2018

8 (the effective date of Public Act 100-3) whenever an

eligible

9 person pleads guilty to an unlawful possession ~~use~~

of weapons

10 offense under Section 24-1 of the Criminal Code of 2012 or

11 aggravated unlawful possession ~~use~~ of a weapon offense under

12 Section 24-1.6 of the Criminal Code of 2012, which is

13 punishable as a Class 4 felony or lower, the court, with the

14 consent of the defendant and the State's Attorney, may,

15 without entering a judgment, sentence the defendant to

16 complete the First Time Weapon Offense Program. When a

17 defendant is placed in the Program, the court shall defer

18 further proceedings in the case until the conclusion of the

19 period or until the filing of a petition alleging violation of

20 a term or condition of the Program. Upon violation of a term or

21 condition of the Program, the court may enter a judgment on its

22 original finding of guilt and proceed as otherwise provided by

23 law. Upon fulfillment of the terms and conditions of the

24 Program, the court shall discharge the person and dismiss the

25 proceedings against the person.

26 (d) The Program shall be at least 6 months and not to

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1 exceed 24 months, as determined by the court at the

2 recommendation of the Program administrator and the State's

3 Attorney. The Program administrator may be appointed by the

4 Chief Judge of each Judicial Circuit.

5 (e) The conditions of the Program shall be that the

6 defendant:

7 (1) not violate any criminal statute of this State or

8 any other jurisdiction;

9 (2) refrain from possessing a firearm or other

10 dangerous weapon;

11 (3) (blank);

12 (4) (blank);

13 (5) (blank);

14 (6) (blank);

15 (7) attend and participate in any Program activities

16 deemed required by the Program administrator, such as:

17 counseling sessions, in-person and over the phone

18 check-ins, and educational classes; and

19 (8) (blank).

20 (f) The Program may, in addition to other conditions,

21 require that the defendant:

22 (1) obtain or attempt to obtain employment;

23 (2) attend educational courses designed to prepare the

24 defendant for obtaining a high school diploma or to work

25 toward passing high school equivalency testing or to work

26 toward completing a vocational training program;

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1 (3) refrain from having in his or her body the

2 presence of any illicit drug prohibited by the

3 Methamphetamine Control and Community Protection Act or

4 the Illinois Controlled Substances Act, unless prescribed

5 by a physician, and submit samples of his or her blood or

6 urine or both for tests to determine the presence of any

7 illicit drug;

8 (4) perform community service;

9 (5) pay all fines, assessments, fees, and costs; and

10 (6) comply with such other reasonable conditions as

11 the court may impose.

12 (g) There may be only one discharge and dismissal under

13 this Section. If a person is convicted of any offense which

14 occurred within 5 years subsequent to a discharge and

15 dismissal under this Section, the discharge and dismissal

16 under this Section shall be admissible in the sentencing

17 proceeding for that conviction as evidence in aggravation.

18 (h) For purposes of this Section, "violent offense" means

19 any offense in which bodily harm was inflicted or force was

20 used against any person or threatened against any person; any

21 offense involving the possession of a firearm or dangerous

22 weapon; any offense involving sexual conduct, sexual

23 penetration, or sexual exploitation; violation of an order of

24 protection, stalking, hate crime, domestic battery, or any

25 offense of domestic violence.

26 (i) (Blank).

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1 (Source: P.A. 102-245, eff. 8-3-21; 102-1109, eff. 12-21-22;

2 103-370, eff. 7-28-23.)

3 Section 99. Effective date. This Act takes effect January

4 1, 2025.

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INDEX

Statutes amended in order of appearance