Rep. Michael J. Zalewski
Filed: 3/12/2013
 
 


 




09800HB2265ham001LRB098 10588 RLC 42564 a



1
AMENDMENT TO HOUSE BILL 2265 




2 AMENDMENT NO. ______. Amend House Bill 2265 by replacing 
3everything after the enacting clause with the following:


4 "Section 5. The Criminal Code of 2012 is amended by 
5changing Sections 24-1, 24-1.1, 24-1.6, and 24-1.8 and by 
6adding Section 24-11 as follows:




7 (720 ILCS 5/24-1) (from Ch. 38, par. 24-1)


8 Sec. 24-1. Unlawful Use of Weapons. 

9 (a) A person commits the offense of unlawful use of weapons 
10when
he knowingly:


11  (1) Sells, manufactures, purchases, possesses or 
12 carries any bludgeon,
black-jack, slung-shot, sand-club, 
13 sand-bag, metal knuckles or other knuckle weapon 
14 regardless of its composition, throwing star,
or any knife, 
15 commonly referred to as a switchblade knife, which has a

16 blade that opens automatically by hand pressure applied to 
 
 
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1 a button,
spring or other device in the handle of the 
2 knife, or a ballistic knife,
which is a device that propels 
3 a knifelike blade as a projectile by means
of a coil 
4 spring, elastic material or compressed gas; or


5  (2) Carries or possesses with intent to use the same 
6 unlawfully
against another, a dagger, dirk, billy, 
7 dangerous knife, razor,
stiletto, broken bottle or other 
8 piece of glass, stun gun or taser or
any other dangerous or 
9 deadly weapon or instrument of like character; or


10  (3) Carries on or about his person or in any vehicle, a 
11 tear gas gun
projector or bomb or any object containing 
12 noxious liquid gas or
substance, other than an object 
13 containing a non-lethal noxious liquid gas
or substance 
14 designed solely for personal defense carried by a person 18

15 years of age or older; or


16  (4) Carries or possesses in any vehicle or concealed on 
17 or about his
person except when on his land or in his own 
18 abode, legal dwelling, or fixed place of
business, or on 
19 the land or in the legal dwelling of another person as an 
20 invitee with that person's permission, any pistol, 
21 revolver, stun gun or taser or other firearm, except
that

22 this subsection (a) (4) does not apply to or affect 
23 transportation of weapons
that meet one of the following 
24 conditions:


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 
3 person who has been issued a currently
valid Firearm 
4 Owner's
Identification Card; or


5  (5) Sets a spring gun; or


6  (6) Possesses any device or attachment of any kind 
7 designed, used or
intended for use in silencing the report 
8 of any firearm; or


9  (7) Sells, manufactures, purchases, possesses or 
10 carries:


11   (i) a machine gun, which shall be defined for the 
12 purposes of this
subsection as any weapon,
which 
13 shoots, is designed to shoot, or can be readily 
14 restored to shoot,
automatically more than one shot 
15 without manually reloading by a single
function of the 
16 trigger, including the frame or receiver
of any such 
17 weapon, or sells, manufactures, purchases, possesses, 
18 or
carries any combination of parts designed or 
19 intended for
use in converting any weapon into a 
20 machine gun, or any combination or
parts from which a 
21 machine gun can be assembled if such parts are in the

22 possession or under the control of a person;


23   (ii) any rifle having one or
more barrels less than 
24 16 inches in length or a shotgun having one or more

25 barrels less than 18 inches in length or any weapon 
26 made from a rifle or
shotgun, whether by alteration, 
 
 
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1 modification, or otherwise, if such a weapon
as 
2 modified has an overall length of less than 26 inches; 
3 or


4   (iii) any
bomb, bomb-shell, grenade, bottle or 
5 other container containing an
explosive substance of 
6 over one-quarter ounce for like purposes, such
as, but 
7 not limited to, black powder bombs and Molotov 
8 cocktails or
artillery projectiles; or


9  (8) Carries or possesses any firearm, stun gun or taser 
10 or other
deadly weapon in any place which is licensed to 
11 sell intoxicating
beverages, or at any public gathering 
12 held pursuant to a license issued
by any governmental body 
13 or any public gathering at which an admission
is charged, 
14 excluding a place where a showing, demonstration or lecture

15 involving the exhibition of unloaded firearms is 
16 conducted.


17  This subsection (a)(8) does not apply to any auction or 
18 raffle of a firearm
held pursuant to
a license or permit 
19 issued by a governmental body, nor does it apply to persons

20 engaged
in firearm safety training courses; or


21  (9) Carries or possesses in a vehicle or on or about 
22 his person any
pistol, revolver, stun gun or taser or 
23 firearm or ballistic knife, when
he is hooded, robed or 
24 masked in such manner as to conceal his identity; or


25  (10) Carries or possesses on or about his person, upon 
26 any public street,
alley, or other public lands within the 
 
 
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1 corporate limits of a city, village
or incorporated town, 
2 except when an invitee thereon or therein, for the
purpose 
3 of the display of such weapon or the lawful commerce in 
4 weapons, or
except when on his land or in his own abode, 
5 legal dwelling, or fixed place of business, or on the land 
6 or in the legal dwelling of another person as an invitee 
7 with that person's permission, any
pistol, revolver, stun 
8 gun or taser or other firearm, except that this
subsection 
9 (a) (10) does not apply to or affect transportation of 
10 weapons that
meet one of the following conditions:


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


12   (ii) are not immediately accessible; or


13   (iii) are unloaded and enclosed in a case, firearm 
14 carrying box,
shipping box, or other container by a 
15 person who has been issued a currently
valid Firearm 
16 Owner's
Identification Card.


17  A "stun gun or taser", as used in this paragraph (a) 
18 means (i) any device
which is powered by electrical 
19 charging units, such as, batteries, and
which fires one or 
20 several barbs attached to a length of wire and
which, upon 
21 hitting a human, can send out a current capable of 
22 disrupting
the person's nervous system in such a manner as 
23 to render him incapable of
normal functioning or (ii) any 
24 device which is powered by electrical
charging units, such 
25 as batteries, and which, upon contact with a human or

26 clothing worn by a human, can send out current capable of 
 
 
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1 disrupting
the person's nervous system in such a manner as 
2 to render him incapable
of normal functioning; or


3  (11) Sells, manufactures or purchases any explosive 
4 bullet. For purposes
of this paragraph (a) "explosive 
5 bullet" means the projectile portion of
an ammunition 
6 cartridge which contains or carries an explosive charge 
7 which
will explode upon contact with the flesh of a human 
8 or an animal.
"Cartridge" means a tubular metal case having 
9 a projectile affixed at the
front thereof and a cap or 
10 primer at the rear end thereof, with the
propellant 
11 contained in such tube between the projectile and the cap; 
12 or


13  (12) (Blank); or

14  (13) Carries or possesses on or about his or her person 
15 while in a building occupied by a unit of government, a 
16 billy club, other weapon of like character, or other 
17 instrument of like character intended for use as a weapon. 
18 For the purposes of this Section, "billy club" means a 
19 short stick or club commonly carried by police officers 
20 which is either telescopic or constructed of a solid piece 
21 of wood or other man-made material. 
22 (b) Sentence. A person convicted of a violation of 
23subsection 24-1(a)(1)
through (5), subsection 24-1(a)(10),

24subsection 24-1(a)(11), or subsection 24-1(a)(13) commits a 
25Class A
misdemeanor.
A person convicted of a violation of 
26subsection
24-1(a)(8) or 24-1(a)(9) commits a
Class 4 felony; a 
 
 
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1person
convicted of a violation of subsection 24-1(a)(6) or 
224-1(a)(7)(ii) or (iii)
commits a Class 3 felony. A person 
3convicted of a violation of subsection
24-1(a)(7)(i) commits a 
4Class 2 felony and shall be sentenced to a term of imprisonment 
5of not less than 3 years and not more than 7 years, unless the 
6weapon is possessed in the
passenger compartment of a motor 
7vehicle as defined in Section 1-146 of the
Illinois Vehicle 
8Code, or on the person, while the weapon is loaded, in which

9case it shall be a Class X felony. A person convicted of a

10second or subsequent violation of subsection 24-1(a)(4), 
1124-1(a)(8) or ,
24-1(a)(9), or
24-1(a)(10) commits a Class 3 
12felony. A person convicted of a
second or subsequent violation 
13of subsection 24-1(a)(4) or 24-1(a)(10) commits a Class 3 
14felony and shall be sentenced to a term of imprisonment of not 
15less than 3 years and not more than 10 years. The possession of 
16each weapon in violation of this Section constitutes a single 
17and 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 real 
25 property comprising any school,
regardless of the
time of 
26 day or the time of year, on residential property owned, 
 
 
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1 operated
or
managed by a public housing agency
or leased by 
2 a public housing agency as part of a scattered site or

3 mixed-income development,
on the real property comprising 
4 any
public park, on the real property comprising any 
5 courthouse, in any conveyance
owned, leased or contracted 
6 by a school to
transport students to or from school or a 
7 school related activity, in any conveyance
owned, leased, 
8 or contracted by a public transportation agency, or on any

9 public way within 1,000 feet of the real property 
10 comprising any school,
public park, courthouse, public 
11 transportation facility, or residential property owned, 
12 operated, or managed
by a public housing agency
or leased 
13 by a public housing agency as part of a scattered site or

14 mixed-income development
commits a Class 2 felony and shall 
15 be sentenced to a term of imprisonment of not less than 3 
16 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 the 
19 time of day or the time of year,
in residential property 
20 owned, operated, or managed by a public
housing
agency
or 
21 leased by a public housing agency as part of a scattered 
22 site or
mixed-income development,
in
a public
park, in a 
23 courthouse, on the real property comprising any school, 
24 regardless
of the time of day or the time of year, on 
25 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,
on 
2 the real property
comprising any public park, on the real 
3 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, in 
6 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 public 
23 housing agency
or leased by a public housing agency as part 
24 of a scattered site or
mixed-income development,
on the 
25 real property
comprising any public park, on the real 
26 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, in 
3 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 of

12 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 security 
15 officers of such school, college, or
university or to 
16 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 school, 
24 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 
8omnibus of any
weapon, instrument or substance referred to in 
9subsection (a)(7) is
prima facie evidence that it is in the 
10possession of, and is being
carried by, all persons occupying 
11such automobile at the time such
weapon, instrument or 
12substance is found, except under the following
circumstances: 
13(i) if such weapon, instrument or instrumentality is
found upon 
14the person of one of the occupants therein; or (ii) if such

15weapon, instrument or substance is found in an automobile 
16operated for
hire by a duly licensed driver in the due, lawful 
17and proper pursuit of
his trade, then such presumption shall 
18not apply to the driver.

19 (e) Exemptions. Crossbows, Common or Compound bows and 
20Underwater
Spearguns are exempted from the definition of 
21ballistic knife as defined in
paragraph (1) of subsection (a) 
22of this Section.

23(Source: P.A. 95-331, eff. 8-21-07; 95-809, eff. 1-1-09; 
2495-885, eff. 1-1-09; 96-41, eff. 1-1-10; 96-328, eff. 8-11-09; 
2596-742, eff. 8-25-09; 96-1000, eff. 7-2-10.)





 
 
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1 (720 ILCS 5/24-1.1) (from Ch. 38, par. 24-1.1)


2 Sec. 24-1.1. Unlawful Use or Possession of Weapons by 
3Felons or
Persons in the Custody of the
Department of 
4Corrections Facilities.
5 (a) It is unlawful
for a person to knowingly possess on or 
6about his person or on his land or
in his own abode or fixed 
7place of business any weapon prohibited under
Section 24-1 of 
8this Act or any firearm or any firearm ammunition if the
person 
9has been convicted of a felony under the laws of this State or 
10any
other jurisdiction. This Section shall not apply if the 
11person has been
granted relief by the Director of the 
12Department of State Police
under Section 10 of the Firearm 
13Owners Identification
Card Act.

14 (b) It is unlawful for any person confined in a penal 
15institution,
which is a facility of the Illinois Department of 
16Corrections, to possess
any weapon prohibited under Section 
1724-1 of this Code or any firearm or
firearm ammunition, 
18regardless of the intent with which he possesses it.

19 (c) It shall be an affirmative defense to a violation of 
20subsection (b), that such possession was specifically 
21authorized by rule,
regulation, or directive of the Illinois 
22Department of Corrections or order
issued pursuant thereto.

23 (d) The defense of necessity is not available to a person 
24who is charged
with a violation of subsection (b) of this 
25Section.

26 (e) Sentence. Violation of this Section by a person not 
 
 
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1confined
in a penal institution shall be a Class 3 felony
for 
2which the person shall be sentenced to no less than 4 2 years 
3and no
more than 10 years and any second or subsequent 
4violation shall be a Class 2 felony for which the person shall 
5be sentenced to a term of imprisonment of not less than 5 3 
6years and not more than 14 years. Violation of this Section by 
7a person not confined in a
penal institution who has been 
8convicted of a forcible felony, a felony
violation of Article 
924 of this Code or of the Firearm Owners Identification
Card 
10Act, stalking or aggravated stalking, or a Class 2 or greater 
11felony
under the Illinois Controlled Substances Act, the 
12Cannabis Control Act, or the Methamphetamine Control and 
13Community Protection Act is a
Class 2 felony for which the 
14person
shall be sentenced to not less than 3 years and not more 
15than 14 years.
Violation of this Section by a person who is on 
16parole or mandatory supervised
release is a Class 2 felony for 
17which the person shall be sentenced to not less than 5 3 years 
18and not more than 14
years. Violation of this Section by a 
19person not confined in a penal
institution is a Class X felony 
20when the firearm possessed is a machine gun.
Any person who 
21violates this Section while confined in a penal
institution, 
22which is a facility of the Illinois Department of
Corrections, 
23is guilty of a Class 1
felony, if he possesses any weapon 
24prohibited under Section 24-1 of this
Code regardless of the 
25intent with which he possesses it, a Class X
felony if he 
26possesses any firearm, firearm ammunition or explosive, and a

 
 
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1Class X felony for which the offender shall be sentenced to not 
2less than 12
years and not more than 50 years when the firearm 
3possessed is a machine
gun. A violation of this Section while 
4wearing or in possession of body armor as defined in Section 
533F-1 is a Class X felony punishable by a term of imprisonment 
6of not less than 10 years and not more than 40 years.
The 
7possession of each firearm or firearm ammunition in violation 
8of this Section constitutes a single and separate violation.

9(Source: P.A. 97-237, eff. 1-1-12.)


10 (720 ILCS 5/24-1.6)
11 Sec. 24-1.6. Aggravated unlawful use of a weapon. 
12 (a) A person commits the offense of aggravated unlawful use 
13of a weapon when
he or she knowingly:
14  (1) Carries on or about his or her person or in any 
15 vehicle or concealed
on or about his or her person except 
16 when on his or her land or in his or her
abode, legal 
17 dwelling, or fixed place of business, or on the land or in 
18 the legal dwelling of another person as an invitee with 
19 that person's permission, any pistol, revolver, stun gun or 
20 taser or
other firearm; or
21  (2) Carries or possesses on or about his or her person, 
22 upon any public
street, alley, or other public lands within 
23 the corporate limits of a city,
village or incorporated 
24 town, except when an invitee thereon or therein, for
the 
25 purpose of the display of such weapon or the lawful 
 
 
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1 commerce in weapons, or
except when on his or her own land 
2 or in his or her own abode, legal dwelling, or fixed place 
3 of
business, or on the land or in the legal dwelling of 
4 another person as an invitee with that person's permission, 
5 any pistol, revolver, stun gun or taser or other firearm; 
6 and
7  (3) One of the following factors is present:
8   (A) the firearm possessed was uncased, loaded and 
9 immediately accessible
at the time of the offense; or
10   (B) the firearm possessed was uncased, unloaded 
11 and the ammunition for
the weapon was immediately 
12 accessible at the time of the offense; or
13   (C) the person possessing the firearm has not been 
14 issued a currently
valid Firearm Owner's 
15 Identification Card; or
16   (D) the person possessing the weapon was 
17 previously adjudicated
a delinquent minor under the 
18 Juvenile Court Act of 1987 for an act that if
committed 
19 by an adult would be a felony; or
20   (E) the person possessing the weapon was engaged in 
21 a misdemeanor
violation of the Cannabis
Control Act, in 
22 a misdemeanor violation of the Illinois Controlled 
23 Substances
Act, or in a misdemeanor violation of the 
24 Methamphetamine Control and Community Protection Act; 
25 or
26   (F) (blank); or
 
 
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1   (G) the person possessing the weapon had a order of 
2 protection issued
against him or her within the 
3 previous 2 years; or
4   (H) the person possessing the weapon was engaged in 
5 the commission or
attempted commission of
a 
6 misdemeanor involving the use or threat of violence 
7 against
the person or property of another; or
8   (I) the person possessing the weapon was under 21 
9 years of age and in
possession of a handgun as defined 
10 in Section 24-3, unless the person under 21
is engaged 
11 in lawful activities under the Wildlife Code or 
12 described in
subsection 24-2(b)(1), (b)(3), or 
13 24-2(f).
14 (b) "Stun gun or taser" as used in this Section has the 
15same definition
given to it in Section 24-1 of this Code.
16 (c) This Section does not apply to or affect the 
17transportation or
possession
of weapons that:
18   (i) are broken down in a non-functioning state; or
19   (ii) are not immediately accessible; or
20   (iii) are unloaded and enclosed in a case, firearm 
21 carrying box,
shipping box, or other container by a 
22 person who has been issued a currently
valid Firearm 
23 Owner's
Identification Card.
24 (c-5) Affirmative defense. It is an affirmative defense to 
25the offense
under item (C) of paragraph (3) of subsection (a) 
26of this Section that the defendant has, prior to the commission 
 
 
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1of the offense, submitted a Firearm Owner's Identification Card 
2renewal application to the Department of State Police and the 
3defendant is otherwise eligible for a Firearm Owner's 
4Identification Card. 
5 (d) Sentence.
6   (1) Aggravated unlawful use of a weapon is a Class 4 
7 felony;
a second or subsequent offense is a Class 2 felony 
8 for which the person shall be sentenced to a term of 
9 imprisonment of not less than 4 3 years and not more than 
10 10 7 years. 
11  (2) Except as otherwise provided in paragraphs (3) and 
12 (4) of this subsection (d), a first offense of aggravated 
13 unlawful use of a weapon committed with a firearm by a 
14 person 18 years of age or older where the factors listed in 
15 either both items (A) or (B) and (C) of paragraph (3) of 
16 subsection (a) are present is a Class 3 4 felony, for which 
17 the person shall be sentenced to a term of imprisonment of 
18 not less than one year and not more than 3 years and not 
19 more than 7 years.
20  (3) Aggravated unlawful use of
a weapon by a person who 
21 has been previously
convicted of a felony in this State or 
22 another jurisdiction is a Class 2
felony for which the 
23 person shall be sentenced to a term of imprisonment of not 
24 less than 5 3 years and not more than 10 7 years. 
25  (4) Aggravated unlawful use of a weapon while wearing 
26 or in possession of body armor as defined in Section 33F-1 
 
 
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1 by a person who has not been issued a valid Firearms 
2 Owner's Identification Card in accordance with Section 5 of 
3 the Firearm Owners Identification Card Act is a Class X 
4 felony.

5 (e) The possession of each firearm in violation of this 
6Section constitutes a single and separate violation.
7(Source: P.A. 95-331, eff. 8-21-07; 96-742, eff. 8-25-09; 
896-829, eff. 12-3-09; 96-1107, eff. 1-1-11.)

9 (720 ILCS 5/24-1.8)
10 Sec. 24-1.8. Unlawful possession of a firearm by a street 
11gang member.
12 (a) A person
commits unlawful possession of a firearm by a 
13street gang member when he or she knowingly:
14  (1) possesses, carries, or conceals on or about his or 
15 her person a firearm and firearm ammunition while on any 
16 street, road, alley, gangway, sidewalk, or any other lands, 
17 except when inside his or her own abode or inside his or 
18 her fixed place of business, and has not been issued a 
19 currently valid Firearm Owner's Identification Card and is 
20 a member of a street gang; or
21  (2) possesses or carries in any vehicle a firearm and 
22 firearm ammunition which are both immediately accessible 
23 at the time of the offense while on any street, road, 
24 alley, or any other lands, except when inside his or her 
25 own abode or garage, and has not been issued a currently 
 
 
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1 valid Firearm Owner's Identification Card and is a member 
2 of a street gang.
3 (b) Unlawful possession of a firearm by a street gang 
4member is a Class 2 felony for which the person, if sentenced 
5to a term of imprisonment, shall be sentenced to no less than 4 
63 years and no more than 10 years. A period of probation, a 
7term of periodic imprisonment or conditional discharge shall 
8not be imposed for the offense of unlawful possession of a 
9firearm by a street gang member when the firearm was loaded or 
10contained firearm ammunition and the court shall sentence the 
11offender to not less than the minimum term of imprisonment 
12authorized for the Class 2 felony.
13 (c) For purposes of this Section:
14  "Street gang" or "gang" has the meaning ascribed to it 
15 in Section 10 of the Illinois Streetgang Terrorism Omnibus 
16 Prevention Act.
17  "Street gang member" or "gang member" has the meaning 
18 ascribed to it in Section 10 of the Illinois Streetgang 
19 Terrorism Omnibus Prevention Act.

20(Source: P.A. 96-829, eff. 12-3-09.)

21 (720 ILCS 5/24-11 new)
22 Sec. 24-11. Deadly weapons dispositions; report. Each 
23circuit court shall transmit to every local law enforcement 
24agency located within the circuit, on a quarterly basis, the 
25disposition of all cases involving violations of this Article 
 
 
09800HB2265ham001- 20 -LRB098 10588 RLC 42564 a


124 within the previous quarter.

2 Section 10. The Unified Code of Corrections is amended by 
3changing Sections 3-6-3 and 5-5-3 as follows:



4 (730 ILCS 5/3-6-3) (from Ch. 38, par. 1003-6-3)


5 Sec. 3-6-3. Rules and Regulations for Sentence Credit. 


6  (a) (1) The Department of Corrections shall prescribe 
7 rules
and regulations for awarding and revoking sentence 
8 credit for persons committed to the Department which shall

9 be subject to review by the Prisoner Review Board.

10  (1.5) As otherwise provided by law, sentence credit may 
11 be awarded for the following: 
12   (A) successful completion of programming while in 
13 custody of the Department or while in custody prior to 
14 sentencing; 
15   (B) compliance with the rules and regulations of 
16 the Department; or 
17   (C) service to the institution, service to a 
18 community, or service to the State. 

19  (2) The rules and regulations on sentence credit shall 
20 provide, with
respect to offenses listed in clause (i), 
21 (ii), or (iii) of this paragraph (2) committed on or after 
22 June 19, 1998 or with respect to the offense listed in 
23 clause (iv) of this paragraph (2) committed on or after 
24 June 23, 2005 (the effective date of Public Act 94-71) or 
 
 
09800HB2265ham001- 21 -LRB098 10588 RLC 42564 a


1 with
respect to offense listed in clause (vi)
committed on 
2 or after June 1, 2008 (the effective date of Public Act 
3 95-625)
or with respect to the offense of being an armed 
4 habitual criminal committed on or after August 2, 2005 (the 
5 effective date of Public Act 94-398) or with respect to the 
6 offenses listed in clause (v) of this paragraph (2) 
7 committed on or after August 13, 2007 (the effective date 
8 of Public Act 95-134) or with respect to the offense of 
9 aggravated domestic battery committed on or after July 23, 
10 2010 (the effective date of Public Act 96-1224) or with 
11 respect to the offense of attempt to commit terrorism 
12 committed on or after January 1, 2013 (the effective date 
13 of Public Act 97-990) or with
respect to offenses listed in 
14 clause (viii)
committed on or after the effective date of 
15 this amendatory Act of the 98th General Assembly, the 
16 following:


17   (i) that a prisoner who is serving a term of 
18 imprisonment for first
degree murder or for the offense 
19 of terrorism shall receive no sentence
credit and shall 
20 serve the entire
sentence imposed by the court;


21   (ii) that a prisoner serving a sentence for attempt 
22 to commit terrorism, attempt to commit first
degree 
23 murder, solicitation of murder, solicitation of murder 
24 for hire,
intentional homicide of an unborn child, 
25 predatory criminal sexual assault of a
child, 
26 aggravated criminal sexual assault, criminal sexual 
 
 
09800HB2265ham001- 22 -LRB098 10588 RLC 42564 a


1 assault, aggravated
kidnapping, aggravated battery 
2 with a firearm as described in Section 12-4.2 or 
3 subdivision (e)(1), (e)(2), (e)(3), or (e)(4) of 
4 Section 12-3.05, heinous battery as described in 
5 Section 12-4.1 or subdivision (a)(2) of Section 
6 12-3.05, being an armed habitual criminal, aggravated

7 battery of a senior citizen as described in Section 
8 12-4.6 or subdivision (a)(4) of Section 12-3.05, or 
9 aggravated battery of a child as described in Section 
10 12-4.3 or subdivision (b)(1) of Section 12-3.05 shall 
11 receive no
more than 4.5 days of sentence credit for 
12 each month of his or her sentence
of imprisonment;


13   (iii) that a prisoner serving a sentence
for home 
14 invasion, armed robbery, aggravated vehicular 
15 hijacking,
aggravated discharge of a firearm, or armed 
16 violence with a category I weapon
or category II 
17 weapon, when the court
has made and entered a finding, 
18 pursuant to subsection (c-1) of Section 5-4-1
of this 
19 Code, that the conduct leading to conviction for the 
20 enumerated offense
resulted in great bodily harm to a 
21 victim, shall receive no more than 4.5 days
of sentence 
22 credit for each month of his or her sentence of 
23 imprisonment;

24   (iv) that a prisoner serving a sentence for 
25 aggravated discharge of a firearm, whether or not the 
26 conduct leading to conviction for the offense resulted 
 
 
09800HB2265ham001- 23 -LRB098 10588 RLC 42564 a


1 in great bodily harm to the victim, shall receive no 
2 more than 4.5 days of sentence credit for each month of 
3 his or her sentence of imprisonment;

4   (v) that a person serving a sentence for 
5 gunrunning, narcotics racketeering, controlled 
6 substance trafficking, methamphetamine trafficking, 
7 drug-induced homicide, aggravated 
8 methamphetamine-related child endangerment, money 
9 laundering pursuant to clause (c) (4) or (5) of Section 
10 29B-1 of the Criminal Code of 1961 or the Criminal Code 
11 of 2012, or a Class X felony conviction for delivery of 
12 a controlled substance, possession of a controlled 
13 substance with intent to manufacture or deliver, 
14 calculated criminal drug conspiracy, criminal drug 
15 conspiracy, street gang criminal drug conspiracy, 
16 participation in methamphetamine manufacturing, 
17 aggravated participation in methamphetamine 
18 manufacturing, delivery of methamphetamine, possession 
19 with intent to deliver methamphetamine, aggravated 
20 delivery of methamphetamine, aggravated possession 
21 with intent to deliver methamphetamine, 
22 methamphetamine conspiracy when the substance 
23 containing the controlled substance or methamphetamine 
24 is 100 grams or more shall receive no more than 7.5 
25 days sentence credit for each month of his or her 
26 sentence of imprisonment;

 
 
09800HB2265ham001- 24 -LRB098 10588 RLC 42564 a


1   (vi)
that a prisoner serving a sentence for a 
2 second or subsequent offense of luring a minor shall 
3 receive no more than 4.5 days of sentence credit for 
4 each month of his or her sentence of imprisonment; and

5   (vii) that a prisoner serving a sentence for 
6 aggravated domestic battery shall receive no more than 
7 4.5 days of sentence credit for each month of his or 
8 her sentence of imprisonment; and
9   (viii) that a prisoner serving a sentence for a 
10 violation of Section 24-1.1, 24-1.6, or 24-1.8 or 
11 subsection 24-1(a)(4) or 24-1(a)(10) of the Criminal 
12 Code of 2012 shall receive no more than 4.5 days of 
13 sentence credit for each month of his or her sentence 
14 of imprisonment. 

15  (2.1) For all offenses, other than those enumerated in 
16 subdivision (a)(2)(i), (ii), or (iii)
committed on or after 
17 June 19, 1998 or subdivision (a)(2)(iv) committed on or 
18 after June 23, 2005 (the effective date of Public Act 
19 94-71) or subdivision (a)(2)(v) committed on or after 
20 August 13, 2007 (the effective date of Public Act 95-134)

21 or subdivision (a)(2)(vi) committed on or after June 1, 
22 2008 (the effective date of Public Act 95-625) or 
23 subdivision (a)(2)(vii) committed on or after July 23, 2010 
24 (the effective date of Public Act 96-1224), and other than 
25 the offense of aggravated driving under the influence of 
26 alcohol, other drug or drugs, or
intoxicating compound or 
 
 
09800HB2265ham001- 25 -LRB098 10588 RLC 42564 a


1 compounds, or any combination thereof as defined in

2 subparagraph (F) of paragraph (1) of subsection (d) of 
3 Section 11-501 of the
Illinois Vehicle Code, and other than 
4 the offense of aggravated driving under the influence of 
5 alcohol,
other drug or drugs, or intoxicating compound or 
6 compounds, or any combination
thereof as defined in 
7 subparagraph (C) of paragraph (1) of subsection (d) of

8 Section 11-501 of the Illinois Vehicle Code committed on or 
9 after January 1, 2011 (the effective date of Public Act 
10 96-1230),
the rules and regulations shall
provide that a 
11 prisoner who is serving a term of
imprisonment shall 
12 receive one day of sentence credit for each day of
his or 
13 her sentence of imprisonment or recommitment under Section 
14 3-3-9.
Each day of sentence credit shall reduce by one day 
15 the prisoner's period
of imprisonment or recommitment 
16 under Section 3-3-9.


17  (2.2) A prisoner serving a term of natural life 
18 imprisonment or a
prisoner who has been sentenced to death 
19 shall receive no sentence
credit.


20  (2.3) The rules and regulations on sentence credit 
21 shall provide that
a prisoner who is serving a sentence for 
22 aggravated driving under the influence of alcohol,
other 
23 drug or drugs, or intoxicating compound or compounds, or 
24 any combination
thereof as defined in subparagraph (F) of 
25 paragraph (1) of subsection (d) of
Section 11-501 of the 
26 Illinois Vehicle Code, shall receive no more than 4.5
days 
 
 
09800HB2265ham001- 26 -LRB098 10588 RLC 42564 a


1 of sentence credit for each month of his or her sentence of

2 imprisonment.


3  (2.4) The rules and regulations on sentence credit 
4 shall provide with
respect to the offenses of aggravated 
5 battery with a machine gun or a firearm
equipped with any 
6 device or attachment designed or used for silencing the

7 report of a firearm or aggravated discharge of a machine 
8 gun or a firearm
equipped with any device or attachment 
9 designed or used for silencing the
report of a firearm, 
10 committed on or after
July 15, 1999 (the effective date of 
11 Public Act 91-121),
that a prisoner serving a sentence for 
12 any of these offenses shall receive no
more than 4.5 days 
13 of sentence credit for each month of his or her sentence
of 
14 imprisonment.


15  (2.5) The rules and regulations on sentence credit 
16 shall provide that a
prisoner who is serving a sentence for 
17 aggravated arson committed on or after
July 27, 2001 (the 
18 effective date of Public Act 92-176) shall receive no more 
19 than
4.5 days of sentence credit for each month of his or 
20 her sentence of
imprisonment.

21  (2.6) The rules and regulations on sentence credit 
22 shall provide that a
prisoner who is serving a sentence for 
23 aggravated driving under the influence of alcohol,
other 
24 drug or drugs, or intoxicating compound or compounds or any 
25 combination
thereof as defined in subparagraph (C) of 
26 paragraph (1) of subsection (d) of
Section 11-501 of the 
 
 
09800HB2265ham001- 27 -LRB098 10588 RLC 42564 a


1 Illinois Vehicle Code committed on or after January 1, 2011 
2 (the effective date of Public Act 96-1230) shall receive no 
3 more than 4.5
days of sentence credit for each month of his 
4 or her sentence of
imprisonment.

5  (3) The rules and regulations shall also provide that

6 the Director may award up to 180 days additional sentence

7 credit for good conduct in specific instances as the

8 Director deems proper. The good conduct may include, but is 
9 not limited to, compliance with the rules and regulations 
10 of the Department, service to the Department, service to a 
11 community, or service to the State. However, the Director 
12 shall not award more than 90 days
of sentence credit for 
13 good conduct to any prisoner who is serving a sentence for

14 conviction of first degree murder, reckless homicide while 
15 under the
influence of alcohol or any other drug,
or 
16 aggravated driving under the influence of alcohol, other 
17 drug or drugs, or
intoxicating compound or compounds, or 
18 any combination thereof as defined in
subparagraph (F) of 
19 paragraph (1) of subsection (d) of Section 11-501 of the

20 Illinois Vehicle Code, aggravated kidnapping, kidnapping,

21 predatory criminal sexual assault of a child,
aggravated 
22 criminal sexual assault, criminal sexual assault, deviate 
23 sexual
assault, aggravated criminal sexual abuse, 
24 aggravated indecent liberties
with a child, indecent 
25 liberties with a child, child pornography, heinous
battery 
26 as described in Section 12-4.1 or subdivision (a)(2) of 
 
 
09800HB2265ham001- 28 -LRB098 10588 RLC 42564 a


1 Section 12-3.05, aggravated battery of a spouse, 
2 aggravated battery of a spouse
with a firearm, stalking, 
3 aggravated stalking, aggravated battery of a child as 
4 described in Section 12-4.3 or subdivision (b)(1) of 
5 Section 12-3.05,
endangering the life or health of a child, 
6 or cruelty to a child. Notwithstanding the foregoing, 
7 sentence credit for
good conduct shall not be awarded on a

8 sentence of imprisonment imposed for conviction of: (i) one 
9 of the offenses
enumerated in subdivision (a)(2)(i), (ii), 
10 or (iii) when the offense is committed on or after
June 19, 
11 1998 or subdivision (a)(2)(iv) when the offense is 
12 committed on or after June 23, 2005 (the effective date of 
13 Public Act 94-71) or subdivision (a)(2)(v) when the offense 
14 is committed on or after August 13, 2007 (the effective 
15 date of Public Act 95-134)
or subdivision (a)(2)(vi) when 
16 the offense is committed on or after June 1, 2008 (the 
17 effective date of Public Act 95-625) or subdivision 
18 (a)(2)(vii) when the offense is committed on or after July 
19 23, 2010 (the effective date of Public Act 96-1224), (ii) 
20 aggravated driving under the influence of alcohol, other 
21 drug or drugs, or
intoxicating compound or compounds, or 
22 any combination thereof as defined in
subparagraph (F) of 
23 paragraph (1) of subsection (d) of Section 11-501 of the

24 Illinois Vehicle Code, (iii) one of the offenses enumerated 
25 in subdivision
(a)(2.4) when the offense is committed on or 
26 after
July 15, 1999 (the effective date of Public Act 
 
 
09800HB2265ham001- 29 -LRB098 10588 RLC 42564 a


1 91-121),
(iv) aggravated arson when the offense is 
2 committed
on or after July 27, 2001 (the effective date of 
3 Public Act 92-176), (v) offenses that may subject the 
4 offender to commitment under the Sexually Violent Persons 
5 Commitment Act, or (vi) aggravated driving under the 
6 influence of alcohol,
other drug or drugs, or intoxicating 
7 compound or compounds or any combination
thereof as defined 
8 in subparagraph (C) of paragraph (1) of subsection (d) of

9 Section 11-501 of the Illinois Vehicle Code committed on or 
10 after January 1, 2011 (the effective date of Public Act 
11 96-1230).

12 Eligible inmates for an award of sentence credit under
this 
13paragraph (3) may be selected to receive the credit at
the 
14Director's or his or her designee's sole discretion.

15Consideration may be based on, but not limited to, any

16available risk assessment analysis on the inmate, any history 
17of conviction for violent crimes as defined by the Rights of 
18Crime Victims and Witnesses Act, facts and circumstances of the 
19inmate's holding offense or offenses, and the potential for 
20rehabilitation. 
21 The Director shall not award sentence credit under this 
22paragraph (3) to an inmate unless the inmate has served a 
23minimum of 60 days of the sentence; except nothing in this 
24paragraph shall be construed to permit the Director to extend 
25an inmate's sentence beyond that which was imposed by the 
26court. Prior to awarding credit under this paragraph (3), the 
 
 
09800HB2265ham001- 30 -LRB098 10588 RLC 42564 a


1Director shall make a written determination that the inmate:
2   (A) is eligible for the sentence credit;
3   (B) has served a minimum of 60 days, or as close to 
4 60 days as the sentence will allow; and
5   (C) has met the eligibility criteria established 
6 by rule.
7  The Director shall determine the form and content of 
8 the written determination required in this subsection.
9  (3.5) The Department shall provide annual written 
10 reports to the Governor and the General Assembly on the 
11 award of sentence credit for good conduct, with the first 
12 report due January 1, 2014. The Department must publish 
13 both reports on its website within 48 hours of transmitting 
14 the reports to the Governor and the General Assembly. The 
15 reports must include:
16   (A) the number of inmates awarded sentence credit 
17 for good conduct;
18   (B) the average amount of sentence credit for good 
19 conduct awarded;
20   (C) the holding offenses of inmates awarded 
21 sentence credit for good conduct; and
22   (D) the number of sentence credit for good conduct 
23 revocations. 

24  (4) The rules and regulations shall also provide that 
25 the sentence
credit accumulated and retained under 
26 paragraph (2.1) of subsection (a) of
this Section by any 
 
 
09800HB2265ham001- 31 -LRB098 10588 RLC 42564 a


1 inmate during specific periods of time in which such
inmate 
2 is engaged full-time in substance abuse programs, 
3 correctional
industry assignments, educational programs, 
4 behavior modification programs, life skills courses, or 
5 re-entry planning provided by the Department
under this 
6 paragraph (4) and satisfactorily completes the assigned 
7 program as
determined by the standards of the Department, 
8 shall be multiplied by a factor
of 1.25 for program 
9 participation before August 11, 1993
and 1.50 for program 
10 participation on or after that date.
The rules and 
11 regulations shall also provide that sentence credit, 
12 subject to the same offense limits and multiplier provided 
13 in this paragraph, may be provided to an inmate who was 
14 held in pre-trial detention prior to his or her current 
15 commitment to the Department of Corrections and 
16 successfully completed a full-time, 60-day or longer 
17 substance abuse program, educational program, behavior 
18 modification program, life skills course, or re-entry 
19 planning provided by the county department of corrections 
20 or county jail. Calculation of this county program credit 
21 shall be done at sentencing as provided in Section 
22 5-4.5-100 of this Code and shall be included in the 
23 sentencing order. However, no inmate shall be eligible for 
24 the additional sentence credit
under this paragraph (4) or 
25 (4.1) of this subsection (a) while assigned to a boot camp

26 or electronic detention, or if convicted of an offense 
 
 
09800HB2265ham001- 32 -LRB098 10588 RLC 42564 a


1 enumerated in
subdivision (a)(2)(i), (ii), or (iii) of this 
2 Section that is committed on or after June 19,
1998 or 
3 subdivision (a)(2)(iv) of this Section that is committed on 
4 or after June 23, 2005 (the effective date of Public Act 
5 94-71) or subdivision (a)(2)(v) of this Section that is 
6 committed on or after August 13, 2007 (the effective date 
7 of Public Act 95-134)
or subdivision (a)(2)(vi) when the 
8 offense is committed on or after June 1, 2008 (the 
9 effective date of Public Act 95-625) or subdivision 
10 (a)(2)(vii) when the offense is committed on or after July 
11 23, 2010 (the effective date of Public Act 96-1224), or if 
12 convicted of aggravated driving under the influence of 
13 alcohol, other drug or drugs, or
intoxicating compound or 
14 compounds or any combination thereof as defined in

15 subparagraph (F) of paragraph (1) of subsection (d) of 
16 Section 11-501 of the
Illinois Vehicle Code, or if 
17 convicted of aggravated driving under the influence of 
18 alcohol,
other drug or drugs, or intoxicating compound or 
19 compounds or any combination
thereof as defined in 
20 subparagraph (C) of paragraph (1) of subsection (d) of

21 Section 11-501 of the Illinois Vehicle Code committed on or 
22 after January 1, 2011 (the effective date of Public Act 
23 96-1230), or if convicted of an offense enumerated in 
24 paragraph
(a)(2.4) of this Section that is committed on or 
25 after
July 15, 1999 (the effective date of Public Act 
26 91-121),
or first degree murder, a Class X felony, criminal 
 
 
09800HB2265ham001- 33 -LRB098 10588 RLC 42564 a


1 sexual
assault, felony criminal sexual abuse, aggravated 
2 criminal sexual abuse,
aggravated battery with a firearm as 
3 described in Section 12-4.2 or subdivision (e)(1), (e)(2), 
4 (e)(3), or (e)(4) of Section 12-3.05, or any predecessor or 
5 successor offenses
with the same or substantially the same 
6 elements, or any inchoate offenses
relating to the 
7 foregoing offenses. No inmate shall be eligible for the

8 additional good conduct credit under this paragraph (4) who 
9 (i) has previously
received increased good conduct credit 
10 under this paragraph (4) and has
subsequently been 
11 convicted of a
felony, or (ii) has previously served more 
12 than one prior sentence of
imprisonment for a felony in an 
13 adult correctional facility.


14  Educational, vocational, substance abuse, behavior 
15 modification programs, life skills courses, re-entry 
16 planning, and correctional
industry programs under which 
17 sentence credit may be increased under
this paragraph (4) 
18 and paragraph (4.1) of this subsection (a) shall be 
19 evaluated by the Department on the basis of
documented 
20 standards. The Department shall report the results of these

21 evaluations to the Governor and the General Assembly by 
22 September 30th of each
year. The reports shall include data 
23 relating to the recidivism rate among
program 
24 participants.


25  Availability of these programs shall be subject to the

26 limits of fiscal resources appropriated by the General 
 
 
09800HB2265ham001- 34 -LRB098 10588 RLC 42564 a


1 Assembly for these
purposes. Eligible inmates who are 
2 denied immediate admission shall be
placed on a waiting 
3 list under criteria established by the Department.
The 
4 inability of any inmate to become engaged in any such 
5 programs
by reason of insufficient program resources or for 
6 any other reason
established under the rules and 
7 regulations of the Department shall not be
deemed a cause 
8 of action under which the Department or any employee or

9 agent of the Department shall be liable for damages to the 
10 inmate.

11  (4.1) The rules and regulations shall also provide that 
12 an additional 60 days of sentence credit shall be awarded 
13 to any prisoner who passes the high school level Test of 
14 General Educational Development (GED) while the prisoner 
15 is committed to the Department of Corrections. The sentence 
16 credit awarded under this paragraph (4.1) shall be in 
17 addition to, and shall not affect, the award of sentence 
18 credit under any other paragraph of this Section, but shall 
19 also be pursuant to the guidelines and restrictions set 
20 forth in paragraph (4) of subsection (a) of this Section.

21 The sentence credit provided for in this paragraph shall be 
22 available only to those prisoners who have not previously 
23 earned a high school diploma or a GED. If, after an award 
24 of the GED sentence credit has been made and the Department 
25 determines that the prisoner was not eligible, then the 
26 award shall be revoked.
The Department may also award 60 
 
 
09800HB2265ham001- 35 -LRB098 10588 RLC 42564 a


1 days of sentence credit to any committed person who passed 
2 the high school level Test of General Educational 
3 Development (GED) while he or she was held in pre-trial 
4 detention prior to the current commitment to the Department 
5 of Corrections. 

6  (4.5) The rules and regulations on sentence credit 
7 shall also provide that
when the court's sentencing order 
8 recommends a prisoner for substance abuse treatment and the

9 crime was committed on or after September 1, 2003 (the 
10 effective date of
Public Act 93-354), the prisoner shall 
11 receive no sentence credit awarded under clause (3) of this 
12 subsection (a) unless he or she participates in and

13 completes a substance abuse treatment program. The 
14 Director may waive the requirement to participate in or 
15 complete a substance abuse treatment program and award the 
16 sentence credit in specific instances if the prisoner is 
17 not a good candidate for a substance abuse treatment 
18 program for medical, programming, or operational reasons. 
19 Availability of
substance abuse treatment shall be subject 
20 to the limits of fiscal resources
appropriated by the 
21 General Assembly for these purposes. If treatment is not

22 available and the requirement to participate and complete 
23 the treatment has not been waived by the Director, the 
24 prisoner shall be placed on a waiting list under criteria

25 established by the Department. The Director may allow a 
26 prisoner placed on
a waiting list to participate in and 
 
 
09800HB2265ham001- 36 -LRB098 10588 RLC 42564 a


1 complete a substance abuse education class or attend 
2 substance
abuse self-help meetings in lieu of a substance 
3 abuse treatment program. A prisoner on a waiting list who 
4 is not placed in a substance abuse program prior to release 
5 may be eligible for a waiver and receive sentence credit 
6 under clause (3) of this subsection (a) at the discretion 
7 of the Director.

8  (4.6) The rules and regulations on sentence credit 
9 shall also provide that a prisoner who has been convicted 
10 of a sex offense as defined in Section 2 of the Sex 
11 Offender Registration Act shall receive no sentence credit 
12 unless he or she either has successfully completed or is 
13 participating in sex offender treatment as defined by the 
14 Sex Offender Management Board. However, prisoners who are 
15 waiting to receive treatment, but who are unable to do so 
16 due solely to the lack of resources on the part of the 
17 Department, may, at the Director's sole discretion, be 
18 awarded sentence credit at a rate as the Director shall 
19 determine.

20  (5) Whenever the Department is to release any inmate 
21 earlier than it
otherwise would because of a grant of 
22 sentence credit for good conduct under paragraph (3) of 
23 subsection (a) of this Section given at any time during the 
24 term, the Department shall give
reasonable notice of the 
25 impending release not less than 14 days prior to the date 
26 of the release to the State's
Attorney of the county where 
 
 
09800HB2265ham001- 37 -LRB098 10588 RLC 42564 a


1 the prosecution of the inmate took place, and if 
2 applicable, the State's Attorney of the county into which 
3 the inmate will be released. The Department must also make 
4 identification information and a recent photo of the inmate 
5 being released accessible on the Internet by means of a 
6 hyperlink labeled "Community Notification of Inmate Early 
7 Release" on the Department's World Wide Web homepage.
The 
8 identification information shall include the inmate's: 
9 name, any known alias, date of birth, physical 
10 characteristics, residence address, commitment offense and 
11 county where conviction was imposed. The identification 
12 information shall be placed on the website within 3 days of 
13 the inmate's release and the information may not be removed 
14 until either: completion of the first year of mandatory 
15 supervised release or return of the inmate to custody of 
16 the Department.

17 (b) Whenever a person is or has been committed under

18several convictions, with separate sentences, the sentences

19shall be construed under Section 5-8-4 in granting and

20forfeiting of sentence credit.

21 (c) The Department shall prescribe rules and regulations

22for revoking sentence credit, including revoking sentence 
23credit awarded for good conduct under paragraph (3) of 
24subsection (a) of this Section. The Department shall prescribe 
25rules and regulations for suspending or reducing
the rate of 
26accumulation of sentence credit for specific
rule violations, 
 
 
09800HB2265ham001- 38 -LRB098 10588 RLC 42564 a


1during imprisonment. These rules and regulations
shall provide 
2that no inmate may be penalized more than one
year of sentence 
3credit for any one infraction.

4 When the Department seeks to revoke, suspend or reduce
the 
5rate of accumulation of any sentence credits for
an alleged 
6infraction of its rules, it shall bring charges
therefor 
7against the prisoner sought to be so deprived of
sentence 
8credits before the Prisoner Review Board as
provided in 
9subparagraph (a)(4) of Section 3-3-2 of this
Code, if the 
10amount of credit at issue exceeds 30 days or
when during any 12 
11month period, the cumulative amount of
credit revoked exceeds 
1230 days except where the infraction is committed
or discovered 
13within 60 days of scheduled release. In those cases,
the 
14Department of Corrections may revoke up to 30 days of sentence 
15credit.
The Board may subsequently approve the revocation of 
16additional sentence credit, if the Department seeks to revoke 
17sentence credit in
excess of 30 days. However, the Board shall 
18not be empowered to review the
Department's decision with 
19respect to the loss of 30 days of sentence
credit within any 
20calendar year for any prisoner or to increase any penalty

21beyond the length requested by the Department.

22 The Director of the Department of Corrections, in 
23appropriate cases, may
restore up to 30 days of sentence 
24credits which have been revoked, suspended
or reduced. Any 
25restoration of sentence credits in excess of 30 days shall
be 
26subject to review by the Prisoner Review Board. However, the 
 
 
09800HB2265ham001- 39 -LRB098 10588 RLC 42564 a


1Board may not
restore sentence credit in excess of the amount 
2requested by the Director.

3 Nothing contained in this Section shall prohibit the 
4Prisoner Review Board
from ordering, pursuant to Section 
53-3-9(a)(3)(i)(B), that a prisoner serve up
to one year of the 
6sentence imposed by the court that was not served due to the

7accumulation of sentence credit.

8 (d) If a lawsuit is filed by a prisoner in an Illinois or 
9federal court
against the State, the Department of Corrections, 
10or the Prisoner Review Board,
or against any of
their officers 
11or employees, and the court makes a specific finding that a

12pleading, motion, or other paper filed by the prisoner is 
13frivolous, the
Department of Corrections shall conduct a 
14hearing to revoke up to
180 days of sentence credit by bringing 
15charges against the prisoner
sought to be deprived of the 
16sentence credits before the Prisoner Review
Board as provided 
17in subparagraph (a)(8) of Section 3-3-2 of this Code.
If the 
18prisoner has not accumulated 180 days of sentence credit at the

19time of the finding, then the Prisoner Review Board may revoke 
20all
sentence credit accumulated by the prisoner.

21 For purposes of this subsection (d):


22  (1) "Frivolous" means that a pleading, motion, or other 
23 filing which
purports to be a legal document filed by a 
24 prisoner in his or her lawsuit meets
any or all of the 
25 following criteria:


26   (A) it lacks an arguable basis either in law or in 
 
 
09800HB2265ham001- 40 -LRB098 10588 RLC 42564 a


1 fact;


2   (B) it is being presented for any improper purpose, 
3 such as to harass or
to cause unnecessary delay or 
4 needless increase in the cost of litigation;


5   (C) the claims, defenses, and other legal 
6 contentions therein are not
warranted by existing law 
7 or by a nonfrivolous argument for the extension,

8 modification, or reversal of existing law or the 
9 establishment of new law;


10   (D) the allegations and other factual contentions 
11 do not have
evidentiary
support or, if specifically so 
12 identified, are not likely to have evidentiary
support 
13 after a reasonable opportunity for further 
14 investigation or discovery;
or


15   (E) the denials of factual contentions are not 
16 warranted on the
evidence, or if specifically so 
17 identified, are not reasonably based on a lack
of 
18 information or belief.


19  (2) "Lawsuit" means a motion pursuant to Section
116-3 
20 of the Code of Criminal Procedure of 1963, a habeas corpus 
21 action under
Article X of the Code of Civil Procedure or 
22 under federal law (28 U.S.C. 2254),
a petition for claim 
23 under the Court of Claims Act, an action under the
federal 
24 Civil Rights Act (42 U.S.C. 1983), or a second or 
25 subsequent petition for post-conviction relief under 
26 Article 122 of the Code of Criminal Procedure of 1963 
 
 
09800HB2265ham001- 41 -LRB098 10588 RLC 42564 a


1 whether filed with or without leave of court or a second or 
2 subsequent petition for relief from judgment under Section 
3 2-1401 of the Code of Civil Procedure.

4 (e) Nothing in Public Act 90-592 or 90-593 affects the 
5validity of Public Act 89-404.

6 (f) Whenever the Department is to release any inmate who 
7has been convicted of a violation of an order of protection 
8under Section 12-3.4 or 12-30 of the Criminal Code of 1961 or 
9the Criminal Code of 2012, earlier than it
otherwise would 
10because of a grant of sentence credit, the Department, as a 
11condition of release, shall require that the person, upon 
12release, be placed under electronic surveillance as provided in 
13Section 5-8A-7 of this Code. 
14(Source: P.A. 96-860, eff. 1-15-10; 96-1110, eff. 7-19-10; 
1596-1128, eff. 1-1-11; 96-1200, eff. 7-22-10; 96-1224, eff. 
167-23-10; 96-1230, eff. 1-1-11; 96-1551, eff. 7-1-11; 97-333, 
17eff. 8-12-11; 97-697, eff. 6-22-12; 97-990, eff. 1-1-13; 
1897-1150, eff. 1-25-13.)




19 (730 ILCS 5/5-5-3) (from Ch. 38, par. 1005-5-3)


20 Sec. 5-5-3. Disposition. 

21 (a) (Blank).

22 (b) (Blank). 


23 (c) (1) (Blank).


24  (2) A period of probation, a term of periodic 
25 imprisonment or
conditional discharge shall not be imposed 
 
 
09800HB2265ham001- 42 -LRB098 10588 RLC 42564 a


1 for the following offenses.
The court shall sentence the 
2 offender to not less than the minimum term
of imprisonment 
3 set forth in this Code for the following offenses, and
may 
4 order a fine or restitution or both in conjunction with 
5 such term of
imprisonment:


6   (A) First degree murder where the death penalty is 
7 not imposed.


8   (B) Attempted first degree murder.


9   (C) A Class X felony.


10   (D) A violation of Section 401.1 or 407 of the

11 Illinois Controlled Substances Act, or a violation of 
12 subdivision (c)(1.5) or
(c)(2) of
Section 401 of that 
13 Act which relates to more than 5 grams of a substance

14 containing cocaine, fentanyl, or an analog thereof.

15   (D-5) A violation of subdivision (c)(1) of
Section 
16 401 of the Illinois Controlled Substances Act which 
17 relates to 3 or more grams of a substance
containing 
18 heroin or an analog thereof. 

19   (E) A violation of Section 5.1 or 9 of the Cannabis 
20 Control
Act.


21   (F) A Class 2 or greater felony if the offender had 
22 been convicted
of a Class 2 or greater felony, 
23 including any state or federal conviction for an 
24 offense that contained, at the time it was committed, 
25 the same elements as an offense now (the date of the 
26 offense committed after the prior Class 2 or greater 
 
 
09800HB2265ham001- 43 -LRB098 10588 RLC 42564 a


1 felony) classified as a Class 2 or greater felony, 
2 within 10 years of the date on which the
offender

3 committed the offense for which he or she is being 
4 sentenced, except as
otherwise provided in Section 
5 40-10 of the Alcoholism and Other Drug Abuse and

6 Dependency Act.

7   (F-5) A violation of Section 24-1, 24-1.1, or 
8 24-1.6, or 24-1.8 of the Criminal Code of 1961 or the 
9 Criminal Code of 2012 for which imprisonment is 
10 prescribed in those Sections.

11   (G) Residential burglary, except as otherwise 
12 provided in Section 40-10
of the Alcoholism and Other 
13 Drug Abuse and Dependency Act.


14   (H) Criminal sexual assault.


15   (I) Aggravated battery of a senior citizen as 
16 described in Section 12-4.6 or subdivision (a)(4) of 
17 Section 12-3.05 of the Criminal Code of 1961 or the 
18 Criminal Code of 2012.


19   (J) A forcible felony if the offense was related to 
20 the activities of an
organized gang.


21   Before July 1, 1994, for the purposes of this 
22 paragraph, "organized
gang" means an association of 5 
23 or more persons, with an established hierarchy,
that 
24 encourages members of the association to perpetrate 
25 crimes or provides
support to the members of the 
26 association who do commit crimes.


 
 
09800HB2265ham001- 44 -LRB098 10588 RLC 42564 a


1   Beginning July 1, 1994, for the purposes of this 
2 paragraph,
"organized gang" has the meaning ascribed 
3 to it in Section 10 of the Illinois
Streetgang 
4 Terrorism Omnibus Prevention Act.


5   (K) Vehicular hijacking.


6   (L) A second or subsequent conviction for the 
7 offense of hate crime
when the underlying offense upon 
8 which the hate crime is based is felony
aggravated

9 assault or felony mob action.


10   (M) A second or subsequent conviction for the 
11 offense of institutional
vandalism if the damage to the 
12 property exceeds $300.


13   (N) A Class 3 felony violation of paragraph (1) of 
14 subsection (a) of
Section 2 of the Firearm Owners 
15 Identification Card Act.


16   (O) A violation of Section 12-6.1 or 12-6.5 of the 
17 Criminal Code of 1961 or the Criminal Code of 2012.


18   (P) A violation of paragraph (1), (2), (3), (4), 
19 (5), or (7) of
subsection (a)
of Section 11-20.1 of the 
20 Criminal Code of 1961 or the Criminal Code of 2012.


21   (Q) A violation of subsection (b) or (b-5) of 
22 Section 20-1, Section 20-1.2, or Section 20-1.3 of the 
23 Criminal Code of
1961 or the Criminal Code of 2012.


24   (R) A violation of Section 24-3A of the Criminal 
25 Code of
1961 or the Criminal Code of 2012.


26   (S) (Blank).


 
 
09800HB2265ham001- 45 -LRB098 10588 RLC 42564 a


1   (T) A second or subsequent violation of the 
2 Methamphetamine Control and Community Protection Act.
 
3   (U) A second or subsequent violation of Section 
4 6-303 of the Illinois Vehicle Code committed while his 
5 or her driver's license, permit, or privilege was 
6 revoked because of a violation of Section 9-3 of the 
7 Criminal Code of 1961 or the Criminal Code of 2012, 
8 relating to the offense of reckless homicide, or a 
9 similar provision of a law of another state.
 
10   (V)
A violation of paragraph (4) of subsection (c) 
11 of Section 11-20.1B or paragraph (4) of subsection (c) 
12 of Section 11-20.3 of the Criminal Code of 1961, or 
13 paragraph (6) of subsection (a) of Section 11-20.1 of 
14 the Criminal Code of 2012 when the victim is under 13 
15 years of age and the defendant has previously been 
16 convicted under the laws of this State or any other 
17 state of the offense of child pornography, aggravated 
18 child pornography, aggravated criminal sexual abuse, 
19 aggravated criminal sexual assault, predatory criminal 
20 sexual assault of a child, or any of the offenses 
21 formerly known as rape, deviate sexual assault, 
22 indecent liberties with a child, or aggravated 
23 indecent liberties with a child where the victim was 
24 under the age of 18 years or an offense that is 
25 substantially equivalent to those offenses. 
26   (W) A violation of Section 24-3.5 of the Criminal 
 
 
09800HB2265ham001- 46 -LRB098 10588 RLC 42564 a


1 Code of 1961 or the Criminal Code of 2012.
 
2   (X) A violation of subsection (a) of Section 31-1a 
3 of the Criminal Code of 1961 or the Criminal Code of 
4 2012.
5   (Y) A conviction for unlawful possession of a 
6 firearm by a street gang member when the firearm was 
7 loaded or contained firearm ammunition. 
8   (Z) A Class 1 felony committed while he or she was 
9 serving a term of probation or conditional discharge 
10 for a felony.
11   (AA) Theft of property exceeding $500,000 and not 
12 exceeding $1,000,000 in value.
13   (BB) Laundering of criminally derived property of 
14 a value exceeding
$500,000.
15   (CC) Knowingly selling, offering for sale, holding 
16 for sale, or using 2,000 or more counterfeit items or 
17 counterfeit items having a retail value in the 
18 aggregate of $500,000 or more. 
19   (DD) A conviction for aggravated assault under 
20 paragraph (6) of subsection (c) of Section 12-2 of the 
21 Criminal Code of 1961 or the Criminal Code of 2012 if 
22 the firearm is aimed toward the person against whom the 
23 firearm is being used. 

24  (3) (Blank).


25  (4) A minimum term of imprisonment of not less than 10

26 consecutive days or 30 days of community service shall be 
 
 
09800HB2265ham001- 47 -LRB098 10588 RLC 42564 a


1 imposed for a
violation of paragraph (c) of Section 6-303 
2 of the Illinois Vehicle Code.


3  (4.1) (Blank).


4  (4.2) Except as provided in paragraphs (4.3) and (4.8) 
5 of this subsection (c), a
minimum of
100 hours of community 
6 service shall be imposed for a second violation of
Section 
7 6-303
of the Illinois Vehicle Code.


8  (4.3) A minimum term of imprisonment of 30 days or 300 
9 hours of community
service, as determined by the court, 
10 shall
be imposed for a second violation of subsection (c) 
11 of Section 6-303 of the
Illinois Vehicle Code.


12  (4.4) Except as provided in paragraphs
(4.5), (4.6), 
13 and (4.9) of this
subsection (c), a
minimum term of 
14 imprisonment of 30 days or 300 hours of community service, 
15 as
determined by the court, shall
be imposed
for a third or 
16 subsequent violation of Section 6-303 of the Illinois 
17 Vehicle
Code.


18  (4.5) A minimum term of imprisonment of 30 days
shall 
19 be imposed for a third violation of subsection (c) of

20 Section 6-303 of the Illinois Vehicle Code.


21  (4.6) Except as provided in paragraph (4.10) of this 
22 subsection (c), a minimum term of imprisonment of 180 days 
23 shall be imposed for a
fourth or subsequent violation of 
24 subsection (c) of Section 6-303 of the
Illinois Vehicle 
25 Code.

26  (4.7) A minimum term of imprisonment of not less than 
 
 
09800HB2265ham001- 48 -LRB098 10588 RLC 42564 a


1 30 consecutive days, or 300 hours of community service, 
2 shall be imposed for a violation of subsection (a-5) of 
3 Section 6-303 of the Illinois Vehicle Code, as provided in 
4 subsection (b-5) of that Section.

5  (4.8) A mandatory prison sentence shall be imposed for 
6 a second violation of subsection (a-5) of Section 6-303 of 
7 the Illinois Vehicle Code, as provided in subsection (c-5) 
8 of that Section. The person's driving privileges shall be 
9 revoked for a period of not less than 5 years from the date 
10 of his or her release from prison.

11  (4.9) A mandatory prison sentence of not less than 4 
12 and not more than 15 years shall be imposed for a third 
13 violation of subsection (a-5) of Section 6-303 of the 
14 Illinois Vehicle Code, as provided in subsection (d-2.5) of 
15 that Section. The person's driving privileges shall be 
16 revoked for the remainder of his or her life.

17  (4.10) A mandatory prison sentence for a Class 1 felony 
18 shall be imposed, and the person shall be eligible for an 
19 extended term sentence, for a fourth or subsequent 
20 violation of subsection (a-5) of Section 6-303 of the 
21 Illinois Vehicle Code, as provided in subsection (d-3.5) of 
22 that Section. The person's driving privileges shall be 
23 revoked for the remainder of his or her life.


24  (5) The court may sentence a corporation or 
25 unincorporated
association convicted of any offense to:


26   (A) a period of conditional discharge;


 
 
09800HB2265ham001- 49 -LRB098 10588 RLC 42564 a


1   (B) a fine;


2   (C) make restitution to the victim under Section 
3 5-5-6 of this Code.


4  (5.1) In addition to any other penalties imposed, and 
5 except as provided in paragraph (5.2) or (5.3), a person

6 convicted of violating subsection (c) of Section 11-907 of 
7 the Illinois
Vehicle Code shall have his or her driver's 
8 license, permit, or privileges
suspended for at least 90 
9 days but not more than one year, if the violation
resulted 
10 in damage to the property of another person.


11  (5.2) In addition to any other penalties imposed, and 
12 except as provided in paragraph (5.3), a person convicted

13 of violating subsection (c) of Section 11-907 of the 
14 Illinois Vehicle Code
shall have his or her driver's 
15 license, permit, or privileges suspended for at
least 180 
16 days but not more than 2 years, if the violation resulted 
17 in injury
to
another person.


18  (5.3) In addition to any other penalties imposed, a 
19 person convicted of violating subsection (c) of Section

20 11-907 of the Illinois Vehicle Code shall have his or her 
21 driver's license,
permit, or privileges suspended for 2 
22 years, if the violation resulted in the
death of another 
23 person.

24  (5.4) In addition to any other penalties imposed, a 
25 person convicted of violating Section 3-707 of the Illinois 
26 Vehicle Code shall have his or her driver's license, 
 
 
09800HB2265ham001- 50 -LRB098 10588 RLC 42564 a


1 permit, or privileges suspended for 3 months and until he 
2 or she has paid a reinstatement fee of $100.
3  (5.5) In addition to any other penalties imposed, a 
4 person convicted of violating Section 3-707 of the Illinois 
5 Vehicle Code during a period in which his or her driver's 
6 license, permit, or privileges were suspended for a 
7 previous violation of that Section shall have his or her 
8 driver's license, permit, or privileges suspended for an 
9 additional 6 months after the expiration of the original 
10 3-month suspension and until he or she has paid a 
11 reinstatement fee of $100.


12  (6) (Blank).


13  (7) (Blank).


14  (8) (Blank).


15  (9) A defendant convicted of a second or subsequent 
16 offense of ritualized
abuse of a child may be sentenced to 
17 a term of natural life imprisonment.


18  (10) (Blank).

19  (11) The court shall impose a minimum fine of $1,000 
20 for a first offense
and $2,000 for a second or subsequent 
21 offense upon a person convicted of or
placed on supervision 
22 for battery when the individual harmed was a sports

23 official or coach at any level of competition and the act 
24 causing harm to the
sports
official or coach occurred 
25 within an athletic facility or within the immediate 
26 vicinity
of the athletic facility at which the sports 
 
 
09800HB2265ham001- 51 -LRB098 10588 RLC 42564 a


1 official or coach was an active
participant
of the athletic 
2 contest held at the athletic facility. For the purposes of

3 this paragraph (11), "sports official" means a person at an 
4 athletic contest
who enforces the rules of the contest, 
5 such as an umpire or referee; "athletic facility" means an 
6 indoor or outdoor playing field or recreational area where 
7 sports activities are conducted;
and "coach" means a person 
8 recognized as a coach by the sanctioning
authority that 
9 conducted the sporting event.
10  (12) A person may not receive a disposition of court 
11 supervision for a
violation of Section 5-16 of the Boat 
12 Registration and Safety Act if that
person has previously 
13 received a disposition of court supervision for a
violation 
14 of that Section.

15  (13) A person convicted of or placed on court 
16 supervision for an assault or aggravated assault when the 
17 victim and the offender are family or household members as 
18 defined in Section 103 of the Illinois Domestic Violence 
19 Act of 1986 or convicted of domestic battery or aggravated 
20 domestic battery may be required to attend a Partner Abuse 
21 Intervention Program under protocols set forth by the 
22 Illinois Department of Human Services under such terms and 
23 conditions imposed by the court. The costs of such classes 
24 shall be paid by the offender.

25 (d) In any case in which a sentence originally imposed is 
26vacated,
the case shall be remanded to the trial court. The 
 
 
09800HB2265ham001- 52 -LRB098 10588 RLC 42564 a


1trial court shall
hold a hearing under Section 5-4-1 of the 
2Unified Code of Corrections
which may include evidence of the 
3defendant's life, moral character and
occupation during the 
4time since the original sentence was passed. The
trial court 
5shall then impose sentence upon the defendant. The trial
court 
6may impose any sentence which could have been imposed at the

7original trial subject to Section 5-5-4 of the Unified Code of 
8Corrections.
If a sentence is vacated on appeal or on 
9collateral attack due to the
failure of the trier of fact at 
10trial to determine beyond a reasonable doubt
the
existence of a 
11fact (other than a prior conviction) necessary to increase the

12punishment for the offense beyond the statutory maximum 
13otherwise applicable,
either the defendant may be re-sentenced 
14to a term within the range otherwise
provided or, if the State 
15files notice of its intention to again seek the
extended 
16sentence, the defendant shall be afforded a new trial.

17 (e) In cases where prosecution for
aggravated criminal 
18sexual abuse under Section 11-1.60 or 12-16 of the
Criminal 
19Code of 1961 or the Criminal Code of 2012 results in conviction 
20of a defendant
who was a family member of the victim at the 
21time of the commission of the
offense, the court shall consider 
22the safety and welfare of the victim and
may impose a sentence 
23of probation only where:


24  (1) the court finds (A) or (B) or both are appropriate:


25   (A) the defendant is willing to undergo a court 
26 approved counseling
program for a minimum duration of 2 
 
 
09800HB2265ham001- 53 -LRB098 10588 RLC 42564 a


1 years; or


2   (B) the defendant is willing to participate in a 
3 court approved plan
including but not limited to the 
4 defendant's:


5    (i) removal from the household;


6    (ii) restricted contact with the victim;


7    (iii) continued financial support of the 
8 family;


9    (iv) restitution for harm done to the victim; 
10 and


11    (v) compliance with any other measures that 
12 the court may
deem appropriate; and


13  (2) the court orders the defendant to pay for the 
14 victim's counseling
services, to the extent that the court 
15 finds, after considering the
defendant's income and 
16 assets, that the defendant is financially capable of
paying 
17 for such services, if the victim was under 18 years of age 
18 at the
time the offense was committed and requires 
19 counseling as a result of the
offense.

20 Probation may be revoked or modified pursuant to Section 
215-6-4; except
where the court determines at the hearing that 
22the defendant violated a
condition of his or her probation 
23restricting contact with the victim or
other family members or 
24commits another offense with the victim or other
family 
25members, the court shall revoke the defendant's probation and

26impose a term of imprisonment.

 
 
09800HB2265ham001- 54 -LRB098 10588 RLC 42564 a


1 For the purposes of this Section, "family member" and 
2"victim" shall have
the meanings ascribed to them in Section 
311-0.1 of the Criminal Code of
2012.

4 (f) (Blank).

5 (g) Whenever a defendant is convicted of an offense under 
6Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60,
11-14, 
711-14.3, 11-14.4 except for an offense that involves keeping a 
8place of juvenile prostitution, 11-15, 11-15.1, 11-16, 11-17, 
911-18, 11-18.1, 11-19, 11-19.1, 11-19.2,
12-13, 12-14, 
1012-14.1, 12-15 or 12-16 of the Criminal Code of 1961 or the 
11Criminal Code of 2012,
the defendant shall undergo medical 
12testing to
determine whether the defendant has any sexually 
13transmissible disease,
including a test for infection with 
14human immunodeficiency virus (HIV) or
any other identified 
15causative agent of acquired immunodeficiency syndrome
(AIDS). 
16Any such medical test shall be performed only by appropriately

17licensed medical practitioners and may include an analysis of 
18any bodily
fluids as well as an examination of the defendant's 
19person.
Except as otherwise provided by law, the results of 
20such test shall be kept
strictly confidential by all medical 
21personnel involved in the testing and must
be personally 
22delivered in a sealed envelope to the judge of the court in 
23which
the conviction was entered for the judge's inspection in 
24camera. Acting in
accordance with the best interests of the 
25victim and the public, the judge
shall have the discretion to 
26determine to whom, if anyone, the results of the
testing may be 
 
 
09800HB2265ham001- 55 -LRB098 10588 RLC 42564 a


1revealed. The court shall notify the defendant
of the test 
2results. The court shall
also notify the victim if requested by 
3the victim, and if the victim is under
the age of 15 and if 
4requested by the victim's parents or legal guardian, the
court 
5shall notify the victim's parents or legal guardian of the test

6results.
The court shall provide information on the 
7availability of HIV testing
and counseling at Department of 
8Public Health facilities to all parties to
whom the results of 
9the testing are revealed and shall direct the State's
Attorney 
10to provide the information to the victim when possible.
A 
11State's Attorney may petition the court to obtain the results 
12of any HIV test
administered under this Section, and the court 
13shall grant the disclosure if
the State's Attorney shows it is 
14relevant in order to prosecute a charge of
criminal 
15transmission of HIV under Section 12-5.01 or 12-16.2 of the 
16Criminal Code of 1961 or the Criminal Code of 2012
against the 
17defendant. The court shall order that the cost of any such test

18shall be paid by the county and may be taxed as costs against 
19the convicted
defendant.

20 (g-5) When an inmate is tested for an airborne communicable 
21disease, as
determined by the Illinois Department of Public 
22Health including but not
limited to tuberculosis, the results 
23of the test shall be
personally delivered by the warden or his 
24or her designee in a sealed envelope
to the judge of the court 
25in which the inmate must appear for the judge's
inspection in 
26camera if requested by the judge. Acting in accordance with the

 
 
09800HB2265ham001- 56 -LRB098 10588 RLC 42564 a


1best interests of those in the courtroom, the judge shall have 
2the discretion
to determine what if any precautions need to be 
3taken to prevent transmission
of the disease in the courtroom.

4 (h) Whenever a defendant is convicted of an offense under 
5Section 1 or 2
of the Hypodermic Syringes and Needles Act, the 
6defendant shall undergo
medical testing to determine whether 
7the defendant has been exposed to human
immunodeficiency virus 
8(HIV) or any other identified causative agent of
acquired 
9immunodeficiency syndrome (AIDS). Except as otherwise provided 
10by
law, the results of such test shall be kept strictly 
11confidential by all
medical personnel involved in the testing 
12and must be personally delivered in a
sealed envelope to the 
13judge of the court in which the conviction was entered
for the 
14judge's inspection in camera. Acting in accordance with the 
15best
interests of the public, the judge shall have the 
16discretion to determine to
whom, if anyone, the results of the 
17testing may be revealed. The court shall
notify the defendant 
18of a positive test showing an infection with the human

19immunodeficiency virus (HIV). The court shall provide 
20information on the
availability of HIV testing and counseling 
21at Department of Public Health
facilities to all parties to 
22whom the results of the testing are revealed and
shall direct 
23the State's Attorney to provide the information to the victim 
24when
possible. A State's Attorney may petition the court to 
25obtain the results of
any HIV test administered under this 
26Section, and the court shall grant the
disclosure if the 
 
 
09800HB2265ham001- 57 -LRB098 10588 RLC 42564 a


1State's Attorney shows it is relevant in order to prosecute a

2charge of criminal transmission of HIV under Section 12-5.01 or 
312-16.2 of the Criminal
Code of 1961 or the Criminal Code of 
42012 against the defendant. The court shall order that the cost 
5of any
such test shall be paid by the county and may be taxed as 
6costs against the
convicted defendant.

7 (i) All fines and penalties imposed under this Section for 
8any violation
of Chapters 3, 4, 6, and 11 of the Illinois 
9Vehicle Code, or a similar
provision of a local ordinance, and 
10any violation
of the Child Passenger Protection Act, or a 
11similar provision of a local
ordinance, shall be collected and 
12disbursed by the circuit
clerk as provided under Section 27.5 
13of the Clerks of Courts Act.

14 (j) In cases when prosecution for any violation of Section 
1511-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-8,
11-9, 
1611-11, 11-14, 11-14.3, 11-14.4, 11-15, 11-15.1, 11-16, 11-17, 
1711-17.1, 11-18, 11-18.1,
11-19, 11-19.1, 11-19.2, 11-20.1, 
1811-20.1B, 11-20.3, 11-21, 11-30, 11-40, 12-13, 12-14, 12-14.1, 
1912-15, or
12-16 of the
Criminal Code of 1961 or the Criminal 
20Code of 2012, any violation of the Illinois Controlled 
21Substances Act,
any violation of the Cannabis Control Act, or 
22any violation of the Methamphetamine Control and Community 
23Protection Act results in conviction, a
disposition of court 
24supervision, or an order of probation granted under
Section 10 
25of the Cannabis Control Act, Section 410 of the Illinois

26Controlled Substance Act, or Section 70 of the Methamphetamine 
 
 
09800HB2265ham001- 58 -LRB098 10588 RLC 42564 a


1Control and Community Protection Act of a defendant, the court 
2shall determine whether the
defendant is employed by a facility 
3or center as defined under the Child Care
Act of 1969, a public 
4or private elementary or secondary school, or otherwise
works 
5with children under 18 years of age on a daily basis. When a 
6defendant
is so employed, the court shall order the Clerk of 
7the Court to send a copy of
the judgment of conviction or order 
8of supervision or probation to the
defendant's employer by 
9certified mail.
If the employer of the defendant is a school, 
10the Clerk of the Court shall
direct the mailing of a copy of 
11the judgment of conviction or order of
supervision or probation 
12to the appropriate regional superintendent of schools.
The 
13regional superintendent of schools shall notify the State Board 
14of
Education of any notification under this subsection.

15 (j-5) A defendant at least 17 years of age who is convicted 
16of a felony and
who has not been previously convicted of a 
17misdemeanor or felony and who is
sentenced to a term of 
18imprisonment in the Illinois Department of Corrections
shall as 
19a condition of his or her sentence be required by the court to 
20attend
educational courses designed to prepare the defendant 
21for a high school diploma
and to work toward a high school 
22diploma or to work toward passing the high
school level Test of 
23General Educational Development (GED) or to work toward

24completing a vocational training program offered by the 
25Department of
Corrections. If a defendant fails to complete the 
26educational training
required by his or her sentence during the 
 
 
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1term of incarceration, the Prisoner
Review Board shall, as a 
2condition of mandatory supervised release, require the

3defendant, at his or her own expense, to pursue a course of 
4study toward a high
school diploma or passage of the GED test. 
5The Prisoner Review Board shall
revoke the mandatory supervised 
6release of a defendant who wilfully fails to
comply with this 
7subsection (j-5) upon his or her release from confinement in a

8penal institution while serving a mandatory supervised release 
9term; however,
the inability of the defendant after making a 
10good faith effort to obtain
financial aid or pay for the 
11educational training shall not be deemed a wilful
failure to 
12comply. The Prisoner Review Board shall recommit the defendant

13whose mandatory supervised release term has been revoked under 
14this subsection
(j-5) as provided in Section 3-3-9. This 
15subsection (j-5) does not apply to a
defendant who has a high 
16school diploma or has successfully passed the GED
test. This 
17subsection (j-5) does not apply to a defendant who is 
18determined by
the court to be developmentally disabled or 
19otherwise mentally incapable of
completing the educational or 
20vocational program.

21 (k) (Blank).


22 (l) (A) Except as provided
in paragraph (C) of subsection 
23 (l), whenever a defendant,
who is an alien as defined by 
24 the Immigration and Nationality Act, is convicted
of any 
25 felony or misdemeanor offense, the court after sentencing 
26 the defendant
may, upon motion of the State's Attorney, 
 
 
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1 hold sentence in abeyance and remand
the defendant to the 
2 custody of the Attorney General of
the United States or his 
3 or her designated agent to be deported when:


4   (1) a final order of deportation has been issued 
5 against the defendant
pursuant to proceedings under 
6 the Immigration and Nationality Act, and


7   (2) the deportation of the defendant would not 
8 deprecate the seriousness
of the defendant's conduct 
9 and would not be inconsistent with the ends of
justice.


10  Otherwise, the defendant shall be sentenced as 
11 provided in this Chapter V.


12  (B) If the defendant has already been sentenced for a 
13 felony or
misdemeanor
offense, or has been placed on 
14 probation under Section 10 of the Cannabis
Control Act,

15 Section 410 of the Illinois Controlled Substances Act, or 
16 Section 70 of the Methamphetamine Control and Community 
17 Protection Act, the court
may, upon motion of the State's 
18 Attorney to suspend the
sentence imposed, commit the 
19 defendant to the custody of the Attorney General
of the 
20 United States or his or her designated agent when:


21   (1) a final order of deportation has been issued 
22 against the defendant
pursuant to proceedings under 
23 the Immigration and Nationality Act, and


24   (2) the deportation of the defendant would not 
25 deprecate the seriousness
of the defendant's conduct 
26 and would not be inconsistent with the ends of
justice.


 
 
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1  (C) This subsection (l) does not apply to offenders who 
2 are subject to the
provisions of paragraph (2) of 
3 subsection (a) of Section 3-6-3.


4  (D) Upon motion of the State's Attorney, if a defendant 
5 sentenced under
this Section returns to the jurisdiction of 
6 the United States, the defendant
shall be recommitted to 
7 the custody of the county from which he or she was

8 sentenced.
Thereafter, the defendant shall be brought 
9 before the sentencing court, which
may impose any sentence 
10 that was available under Section 5-5-3 at the time of

11 initial sentencing. In addition, the defendant shall not be 
12 eligible for
additional sentence credit for good conduct as 
13 provided under
Section 3-6-3.

14 (m) A person convicted of criminal defacement of property 
15under Section
21-1.3 of the Criminal Code of 1961 or the 
16Criminal Code of 2012, in which the property damage exceeds 
17$300
and the property damaged is a school building, shall be 
18ordered to perform
community service that may include cleanup, 
19removal, or painting over the
defacement.

20 (n) The court may sentence a person convicted of a 
21violation of Section
12-19, 12-21, 16-1.3, or 17-56, or 
22subsection (a) or (b) of Section 12-4.4a, of the Criminal Code 
23of 1961 or the Criminal Code of 2012 (i) to an impact

24incarceration program if the person is otherwise eligible for 
25that program
under Section 5-8-1.1, (ii) to community service, 
26or (iii) if the person is an
addict or alcoholic, as defined in 
 
 
09800HB2265ham001- 62 -LRB098 10588 RLC 42564 a


1the Alcoholism and Other Drug Abuse and
Dependency Act, to a 
2substance or alcohol abuse program licensed under that
Act.
3 (o) Whenever a person is convicted of a sex offense as 
4defined in Section 2 of the Sex Offender Registration Act, the 
5defendant's driver's license or permit shall be subject to 
6renewal on an annual basis in accordance with the provisions of 
7license renewal established by the Secretary of State.


8(Source: P.A. 96-348, eff. 8-12-09; 96-400, eff. 8-13-09; 
996-829, eff. 12-3-09; 96-1200, eff. 7-22-10; 96-1551, Article 
101, Section 970, eff. 7-1-11; 96-1551, Article 2, Section 1065, 
11eff. 7-1-11; 96-1551, Article 10, Section 10-150, eff. 7-1-11; 
1297-159, eff. 7-21-11; 97-697, eff. 6-22-12; 97-917, eff. 
138-9-12; 97-1108, eff. 1-1-13; 97-1109, eff. 1-1-13; 97-1150, 
14eff. 1-25-13.)



15 Section 99. Effective date. This Act takes effect upon 
16becoming law.".