Sen. Antonio Muņoz
Filed: 4/12/2013
 
 


 




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1
AMENDMENT TO SENATE BILL 1003




2 AMENDMENT NO. ______. Amend Senate Bill 1003 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-1) For the purposes of this Section, a currently valid 
25Firearm Owner's Identification Card includes any card which has 
26not been revoked by the Department of State Police and expired 
 
 
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1not more than 90 days before the commission of the act of 
2carrying or possessing the firearm. 
3 (c-5) Affirmative defense. It is an affirmative defense to 
4the offense
under item (C) of paragraph (3) of subsection (a) 
5of this Section that the defendant has, prior to the commission 
6of the offense, submitted a Firearm Owner's Identification Card 
7renewal application to the Department of State Police and the 
8defendant is otherwise eligible for a Firearm Owner's 
9Identification Card. 
10 (d) Sentence.
11   (1) Aggravated unlawful use of a weapon is a Class 4 
12 felony;
a second or subsequent offense is a Class 2 felony 
13 for which the person shall be sentenced to a term of 
14 imprisonment of not less than 4 3 years and not more than 
15 10 7 years. 
16  (2) Except as otherwise provided in paragraphs (3) and 
17 (4) of this subsection (d), a first offense of aggravated 
18 unlawful use of a weapon committed with a firearm by a 
19 person 18 years of age or older where the factors listed in 
20 either both items (A) or (B) and (C) of paragraph (3) of 
21 subsection (a) are present is a Class 3 4 felony, for which 
22 the person shall be sentenced to a term of imprisonment of 
23 not less than one year and not more than 3 years and not 
24 more than 7 years.
25  (3) Aggravated unlawful use of
a weapon by a person who 
26 has been previously
convicted of a felony in this State or 
 
 
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1 another jurisdiction is a Class 2
felony for which the 
2 person shall be sentenced to a term of imprisonment of not 
3 less than 5 3 years and not more than 10 7 years. 
4  (4) Aggravated unlawful use of a weapon while wearing 
5 or in possession of body armor as defined in Section 33F-1 
6 by a person who has not been issued a valid Firearms 
7 Owner's Identification Card in accordance with Section 5 of 
8 the Firearm Owners Identification Card Act is a Class X 
9 felony.

10 (e) The possession of each firearm in violation of this 
11Section constitutes a single and separate violation.
12(Source: P.A. 95-331, eff. 8-21-07; 96-742, eff. 8-25-09; 
1396-829, eff. 12-3-09; 96-1107, eff. 1-1-11.)

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

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

 
 
09800SB1003sam002- 20 -LRB098 05245 RLC 44423 a


1 (720 ILCS 5/24-11 new)
2 Sec. 24-11. Deadly weapons dispositions; report. Each 
3circuit court shall transmit to every local law enforcement 
4agency located within the circuit, on a quarterly basis, the 
5disposition of all cases involving violations of this Article 
624 within the previous quarter.

7 Section 10. The Unified Code of Corrections is amended by 
8changing Sections 3-6-3 and 5-5-3 as follows:



9 (730 ILCS 5/3-6-3) (from Ch. 38, par. 1003-6-3)


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


11  (a) (1) The Department of Corrections shall prescribe 
12 rules
and regulations for awarding and revoking sentence 
13 credit for persons committed to the Department which shall

14 be subject to review by the Prisoner Review Board.

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

24  (2) The rules and regulations on sentence credit shall 
 
 
09800SB1003sam002- 21 -LRB098 05245 RLC 44423 a


1 provide, with
respect to offenses listed in clause (i), 
2 (ii), or (iii) of this paragraph (2) committed on or after 
3 June 19, 1998 or with respect to the offense listed in 
4 clause (iv) of this paragraph (2) committed on or after 
5 June 23, 2005 (the effective date of Public Act 94-71) or 
6 with
respect to offense listed in clause (vi)
committed on 
7 or after June 1, 2008 (the effective date of Public Act 
8 95-625)
or with respect to the offense of being an armed 
9 habitual criminal committed on or after August 2, 2005 (the 
10 effective date of Public Act 94-398) or with respect to the 
11 offenses listed in clause (v) of this paragraph (2) 
12 committed on or after August 13, 2007 (the effective date 
13 of Public Act 95-134) or with respect to the offense of 
14 aggravated domestic battery committed on or after July 23, 
15 2010 (the effective date of Public Act 96-1224) or with 
16 respect to the offense of attempt to commit terrorism 
17 committed on or after January 1, 2013 (the effective date 
18 of Public Act 97-990) or with
respect to offenses listed in 
19 clause (viii)
committed on or after the effective date of 
20 this amendatory Act of the 98th General Assembly, the 
21 following:


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


26   (ii) that a prisoner serving a sentence for attempt 
 
 
09800SB1003sam002- 22 -LRB098 05245 RLC 44423 a


1 to commit terrorism, attempt to commit first
degree 
2 murder, solicitation of murder, solicitation of murder 
3 for hire,
intentional homicide of an unborn child, 
4 predatory criminal sexual assault of a
child, 
5 aggravated criminal sexual assault, criminal sexual 
6 assault, aggravated
kidnapping, aggravated battery 
7 with a firearm as described in Section 12-4.2 or 
8 subdivision (e)(1), (e)(2), (e)(3), or (e)(4) of 
9 Section 12-3.05, heinous battery as described in 
10 Section 12-4.1 or subdivision (a)(2) of Section 
11 12-3.05, being an armed habitual criminal, aggravated

12 battery of a senior citizen as described in Section 
13 12-4.6 or subdivision (a)(4) of Section 12-3.05, or 
14 aggravated battery of a child as described in Section 
15 12-4.3 or subdivision (b)(1) of Section 12-3.05 shall 
16 receive no
more than 4.5 days of sentence credit for 
17 each month of his or her sentence
of imprisonment;


18   (iii) that a prisoner serving a sentence
for home 
19 invasion, armed robbery, aggravated vehicular 
20 hijacking,
aggravated discharge of a firearm, or armed 
21 violence with a category I weapon
or category II 
22 weapon, when the court
has made and entered a finding, 
23 pursuant to subsection (c-1) of Section 5-4-1
of this 
24 Code, that the conduct leading to conviction for the 
25 enumerated offense
resulted in great bodily harm to a 
26 victim, shall receive no more than 4.5 days
of sentence 
 
 
09800SB1003sam002- 23 -LRB098 05245 RLC 44423 a


1 credit for each month of his or her sentence of 
2 imprisonment;

3   (iv) that a prisoner serving a sentence for 
4 aggravated discharge of a firearm, whether or not the 
5 conduct leading to conviction for the offense resulted 
6 in great bodily harm to the victim, shall receive no 
7 more than 4.5 days of sentence credit for each month of 
8 his or her sentence of imprisonment;

9   (v) that a person serving a sentence for 
10 gunrunning, narcotics racketeering, controlled 
11 substance trafficking, methamphetamine trafficking, 
12 drug-induced homicide, aggravated 
13 methamphetamine-related child endangerment, money 
14 laundering pursuant to clause (c) (4) or (5) of Section 
15 29B-1 of the Criminal Code of 1961 or the Criminal Code 
16 of 2012, or a Class X felony conviction for delivery of 
17 a controlled substance, possession of a controlled 
18 substance with intent to manufacture or deliver, 
19 calculated criminal drug conspiracy, criminal drug 
20 conspiracy, street gang criminal drug conspiracy, 
21 participation in methamphetamine manufacturing, 
22 aggravated participation in methamphetamine 
23 manufacturing, delivery of methamphetamine, possession 
24 with intent to deliver methamphetamine, aggravated 
25 delivery of methamphetamine, aggravated possession 
26 with intent to deliver methamphetamine, 
 
 
09800SB1003sam002- 24 -LRB098 05245 RLC 44423 a


1 methamphetamine conspiracy when the substance 
2 containing the controlled substance or methamphetamine 
3 is 100 grams or more shall receive no more than 7.5 
4 days sentence credit for each month of his or her 
5 sentence of imprisonment;

6   (vi)
that a prisoner serving a sentence for a 
7 second or subsequent offense of luring a minor shall 
8 receive no more than 4.5 days of sentence credit for 
9 each month of his or her sentence of imprisonment; and

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

20  (2.1) For all offenses, other than those enumerated in 
21 subdivision (a)(2)(i), (ii), or (iii)
committed on or after 
22 June 19, 1998 or subdivision (a)(2)(iv) committed on or 
23 after June 23, 2005 (the effective date of Public Act 
24 94-71) or subdivision (a)(2)(v) committed on or after 
25 August 13, 2007 (the effective date of Public Act 95-134)

26 or subdivision (a)(2)(vi) committed on or after June 1, 
 
 
09800SB1003sam002- 25 -LRB098 05245 RLC 44423 a


1 2008 (the effective date of Public Act 95-625) or 
2 subdivision (a)(2)(vii) committed on or after July 23, 2010 
3 (the effective date of Public Act 96-1224), 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 (F) of paragraph (1) of subsection (d) of 
8 Section 11-501 of the
Illinois Vehicle Code, and other than 
9 the offense of aggravated driving under the influence of 
10 alcohol,
other drug or drugs, or intoxicating compound or 
11 compounds, or any combination
thereof as defined in 
12 subparagraph (C) of paragraph (1) of subsection (d) of

13 Section 11-501 of the Illinois Vehicle Code committed on or 
14 after January 1, 2011 (the effective date of Public Act 
15 96-1230),
the rules and regulations shall
provide that a 
16 prisoner who is serving a term of
imprisonment shall 
17 receive one day of sentence credit for each day of
his or 
18 her sentence of imprisonment or recommitment under Section 
19 3-3-9.
Each day of sentence credit shall reduce by one day 
20 the prisoner's period
of imprisonment or recommitment 
21 under Section 3-3-9.


22  (2.2) A prisoner serving a term of natural life 
23 imprisonment or a
prisoner who has been sentenced to death 
24 shall receive no sentence
credit.


25  (2.3) The rules and regulations on sentence credit 
26 shall provide that
a prisoner who is serving a sentence for 
 
 
09800SB1003sam002- 26 -LRB098 05245 RLC 44423 a


1 aggravated driving under the influence of alcohol,
other 
2 drug or drugs, or intoxicating compound or compounds, or 
3 any combination
thereof as defined in subparagraph (F) of 
4 paragraph (1) of subsection (d) of
Section 11-501 of the 
5 Illinois Vehicle Code, shall receive no more than 4.5
days 
6 of sentence credit for each month of his or her sentence of

7 imprisonment.


8  (2.4) The rules and regulations on sentence credit 
9 shall provide with
respect to the offenses of aggravated 
10 battery with a machine gun or a firearm
equipped with any 
11 device or attachment designed or used for silencing the

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


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

26  (2.6) The rules and regulations on sentence credit 
 
 
09800SB1003sam002- 27 -LRB098 05245 RLC 44423 a


1 shall provide that a
prisoner who is serving a sentence for 
2 aggravated driving under the influence of alcohol,
other 
3 drug or drugs, or intoxicating compound or compounds or any 
4 combination
thereof as defined in subparagraph (C) of 
5 paragraph (1) of subsection (d) of
Section 11-501 of the 
6 Illinois Vehicle Code committed on or after January 1, 2011 
7 (the effective date of Public Act 96-1230) shall receive no 
8 more than 4.5
days of sentence credit for each month of his 
9 or her sentence of
imprisonment.

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

11 the Director may award up to 180 days additional sentence

12 credit for good conduct in specific instances as the

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

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

25 Illinois Vehicle Code, aggravated kidnapping, kidnapping,

26 predatory criminal sexual assault of a child,
aggravated 
 
 
09800SB1003sam002- 28 -LRB098 05245 RLC 44423 a


1 criminal sexual assault, criminal sexual assault, deviate 
2 sexual
assault, aggravated criminal sexual abuse, 
3 aggravated indecent liberties
with a child, indecent 
4 liberties with a child, child pornography, heinous
battery 
5 as described in Section 12-4.1 or subdivision (a)(2) of 
6 Section 12-3.05, aggravated battery of a spouse, 
7 aggravated battery of a spouse
with a firearm, stalking, 
8 aggravated stalking, aggravated battery of a child as 
9 described in Section 12-4.3 or subdivision (b)(1) of 
10 Section 12-3.05,
endangering the life or health of a child, 
11 or cruelty to a child. Notwithstanding the foregoing, 
12 sentence credit for
good conduct shall not be awarded on a

13 sentence of imprisonment imposed for conviction of: (i) one 
14 of the offenses
enumerated in subdivision (a)(2)(i), (ii), 
15 or (iii) when the offense is committed on or after
June 19, 
16 1998 or subdivision (a)(2)(iv) when the offense is 
17 committed on or after June 23, 2005 (the effective date of 
18 Public Act 94-71) or subdivision (a)(2)(v) when the offense 
19 is committed on or after August 13, 2007 (the effective 
20 date of Public Act 95-134)
or subdivision (a)(2)(vi) when 
21 the offense is committed on or after June 1, 2008 (the 
22 effective date of Public Act 95-625) or subdivision 
23 (a)(2)(vii) when the offense is committed on or after July 
24 23, 2010 (the effective date of Public Act 96-1224), (ii) 
25 aggravated driving under the influence of alcohol, other 
26 drug or drugs, or
intoxicating compound or compounds, or 
 
 
09800SB1003sam002- 29 -LRB098 05245 RLC 44423 a


1 any combination thereof as defined in
subparagraph (F) of 
2 paragraph (1) of subsection (d) of Section 11-501 of the

3 Illinois Vehicle Code, (iii) one of the offenses enumerated 
4 in subdivision
(a)(2.4) when the offense is committed on or 
5 after
July 15, 1999 (the effective date of Public Act 
6 91-121),
(iv) aggravated arson when the offense is 
7 committed
on or after July 27, 2001 (the effective date of 
8 Public Act 92-176), (v) offenses that may subject the 
9 offender to commitment under the Sexually Violent Persons 
10 Commitment Act, or (vi) aggravated driving under the 
11 influence of alcohol,
other drug or drugs, or intoxicating 
12 compound or compounds or any combination
thereof as defined 
13 in subparagraph (C) of paragraph (1) of subsection (d) of

14 Section 11-501 of the Illinois Vehicle Code committed on or 
15 after January 1, 2011 (the effective date of Public Act 
16 96-1230).

17 Eligible inmates for an award of sentence credit under
this 
18paragraph (3) may be selected to receive the credit at
the 
19Director's or his or her designee's sole discretion.

20Consideration may be based on, but not limited to, any

21available risk assessment analysis on the inmate, any history 
22of conviction for violent crimes as defined by the Rights of 
23Crime Victims and Witnesses Act, facts and circumstances of the 
24inmate's holding offense or offenses, and the potential for 
25rehabilitation. 
26 The Director shall not award sentence credit under this 
 
 
09800SB1003sam002- 30 -LRB098 05245 RLC 44423 a


1paragraph (3) to an inmate unless the inmate has served a 
2minimum of 60 days of the sentence; except nothing in this 
3paragraph shall be construed to permit the Director to extend 
4an inmate's sentence beyond that which was imposed by the 
5court. Prior to awarding credit under this paragraph (3), the 
6Director shall make a written determination that the inmate:
7   (A) is eligible for the sentence credit;
8   (B) has served a minimum of 60 days, or as close to 
9 60 days as the sentence will allow; and
10   (C) has met the eligibility criteria established 
11 by rule.
12  The Director shall determine the form and content of 
13 the written determination required in this subsection.
14  (3.5) The Department shall provide annual written 
15 reports to the Governor and the General Assembly on the 
16 award of sentence credit for good conduct, with the first 
17 report due January 1, 2014. The Department must publish 
18 both reports on its website within 48 hours of transmitting 
19 the reports to the Governor and the General Assembly. The 
20 reports must include:
21   (A) the number of inmates awarded sentence credit 
22 for good conduct;
23   (B) the average amount of sentence credit for good 
24 conduct awarded;
25   (C) the holding offenses of inmates awarded 
26 sentence credit for good conduct; and
 
 
09800SB1003sam002- 31 -LRB098 05245 RLC 44423 a


1   (D) the number of sentence credit for good conduct 
2 revocations. 

3  (4) The rules and regulations shall also provide that 
4 the sentence
credit accumulated and retained under 
5 paragraph (2.1) of subsection (a) of
this Section by any 
6 inmate during specific periods of time in which such
inmate 
7 is engaged full-time in substance abuse programs, 
8 correctional
industry assignments, educational programs, 
9 behavior modification programs, life skills courses, or 
10 re-entry planning provided by the Department
under this 
11 paragraph (4) and satisfactorily completes the assigned 
12 program as
determined by the standards of the Department, 
13 shall be multiplied by a factor
of 1.25 for program 
14 participation before August 11, 1993
and 1.50 for program 
15 participation on or after that date.
The rules and 
16 regulations shall also provide that sentence credit, 
17 subject to the same offense limits and multiplier provided 
18 in this paragraph, may be provided to an inmate who was 
19 held in pre-trial detention prior to his or her current 
20 commitment to the Department of Corrections and 
21 successfully completed a full-time, 60-day or longer 
22 substance abuse program, educational program, behavior 
23 modification program, life skills course, or re-entry 
24 planning provided by the county department of corrections 
25 or county jail. Calculation of this county program credit 
26 shall be done at sentencing as provided in Section 
 
 
09800SB1003sam002- 32 -LRB098 05245 RLC 44423 a


1 5-4.5-100 of this Code and shall be included in the 
2 sentencing order. However, no inmate shall be eligible for 
3 the additional sentence credit
under this paragraph (4) or 
4 (4.1) of this subsection (a) while assigned to a boot camp

5 or electronic detention, or if convicted of an offense 
6 enumerated in
subdivision (a)(2)(i), (ii), or (iii) of this 
7 Section that is committed on or after June 19,
1998 or 
8 subdivision (a)(2)(iv) of this Section that is committed on 
9 or after June 23, 2005 (the effective date of Public Act 
10 94-71) or subdivision (a)(2)(v) of this Section that is 
11 committed on or after August 13, 2007 (the effective date 
12 of Public Act 95-134)
or subdivision (a)(2)(vi) when the 
13 offense is committed on or after June 1, 2008 (the 
14 effective date of Public Act 95-625) or subdivision 
15 (a)(2)(vii) when the offense is committed on or after July 
16 23, 2010 (the effective date of Public Act 96-1224), 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 (F) of paragraph (1) of subsection (d) of 
21 Section 11-501 of the
Illinois Vehicle Code, or if 
22 convicted of aggravated driving under the influence of 
23 alcohol,
other drug or drugs, or intoxicating compound or 
24 compounds or any combination
thereof as defined in 
25 subparagraph (C) of paragraph (1) of subsection (d) of

26 Section 11-501 of the Illinois Vehicle Code committed on or 
 
 
09800SB1003sam002- 33 -LRB098 05245 RLC 44423 a


1 after January 1, 2011 (the effective date of Public Act 
2 96-1230), or if convicted of an offense enumerated in 
3 paragraph
(a)(2.4) of this Section that is committed on or 
4 after
July 15, 1999 (the effective date of Public Act 
5 91-121),
or first degree murder, a Class X felony, criminal 
6 sexual
assault, felony criminal sexual abuse, aggravated 
7 criminal sexual abuse,
aggravated battery with a firearm as 
8 described in Section 12-4.2 or subdivision (e)(1), (e)(2), 
9 (e)(3), or (e)(4) of Section 12-3.05, or any predecessor or 
10 successor offenses
with the same or substantially the same 
11 elements, or any inchoate offenses
relating to the 
12 foregoing offenses. No inmate shall be eligible for the

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


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

26 evaluations to the Governor and the General Assembly by 
 
 
09800SB1003sam002- 34 -LRB098 05245 RLC 44423 a


1 September 30th of each
year. The reports shall include data 
2 relating to the recidivism rate among
program 
3 participants.


4  Availability of these programs shall be subject to the

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

14 agent of the Department shall be liable for damages to the 
15 inmate.

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

26 The sentence credit provided for in this paragraph shall be 
 
 
09800SB1003sam002- 35 -LRB098 05245 RLC 44423 a


1 available only to those prisoners who have not previously 
2 earned a high school diploma or a GED. If, after an award 
3 of the GED sentence credit has been made and the Department 
4 determines that the prisoner was not eligible, then the 
5 award shall be revoked.
The Department may also award 60 
6 days of sentence credit to any committed person who passed 
7 the high school level Test of General Educational 
8 Development (GED) while he or she was held in pre-trial 
9 detention prior to the current commitment to the Department 
10 of Corrections. 

11  (4.5) The rules and regulations on sentence credit 
12 shall also provide that
when the court's sentencing order 
13 recommends a prisoner for substance abuse treatment and the

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

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

 
 
09800SB1003sam002- 36 -LRB098 05245 RLC 44423 a


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

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

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

25  (5) Whenever the Department is to release any inmate 
26 earlier than it
otherwise would because of a grant of 
 
 
09800SB1003sam002- 37 -LRB098 05245 RLC 44423 a


1 sentence credit for good conduct under paragraph (3) of 
2 subsection (a) of this Section given at any time during the 
3 term, the Department shall give
reasonable notice of the 
4 impending release not less than 14 days prior to the date 
5 of the release to the State's
Attorney of the county where 
6 the prosecution of the inmate took place, and if 
7 applicable, the State's Attorney of the county into which 
8 the inmate will be released. The Department must also make 
9 identification information and a recent photo of the inmate 
10 being released accessible on the Internet by means of a 
11 hyperlink labeled "Community Notification of Inmate Early 
12 Release" on the Department's World Wide Web homepage.
The 
13 identification information shall include the inmate's: 
14 name, any known alias, date of birth, physical 
15 characteristics, residence address, commitment offense and 
16 county where conviction was imposed. The identification 
17 information shall be placed on the website within 3 days of 
18 the inmate's release and the information may not be removed 
19 until either: completion of the first year of mandatory 
20 supervised release or return of the inmate to custody of 
21 the Department.

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

23several convictions, with separate sentences, the sentences

24shall be construed under Section 5-8-4 in granting and

25forfeiting of sentence credit.

26 (c) The Department shall prescribe rules and regulations

 
 
09800SB1003sam002- 38 -LRB098 05245 RLC 44423 a


1for revoking sentence credit, including revoking sentence 
2credit awarded for good conduct under paragraph (3) of 
3subsection (a) of this Section. The Department shall prescribe 
4rules and regulations for suspending or reducing
the rate of 
5accumulation of sentence credit for specific
rule violations, 
6during imprisonment. These rules and regulations
shall provide 
7that no inmate may be penalized more than one
year of sentence 
8credit for any one infraction.

9 When the Department seeks to revoke, suspend or reduce
the 
10rate of accumulation of any sentence credits for
an alleged 
11infraction of its rules, it shall bring charges
therefor 
12against the prisoner sought to be so deprived of
sentence 
13credits before the Prisoner Review Board as
provided in 
14subparagraph (a)(4) of Section 3-3-2 of this
Code, if the 
15amount of credit at issue exceeds 30 days or
when during any 12 
16month period, the cumulative amount of
credit revoked exceeds 
1730 days except where the infraction is committed
or discovered 
18within 60 days of scheduled release. In those cases,
the 
19Department of Corrections may revoke up to 30 days of sentence 
20credit.
The Board may subsequently approve the revocation of 
21additional sentence credit, if the Department seeks to revoke 
22sentence credit in
excess of 30 days. However, the Board shall 
23not be empowered to review the
Department's decision with 
24respect to the loss of 30 days of sentence
credit within any 
25calendar year for any prisoner or to increase any penalty

26beyond the length requested by the Department.

 
 
09800SB1003sam002- 39 -LRB098 05245 RLC 44423 a


1 The Director of the Department of Corrections, in 
2appropriate cases, may
restore up to 30 days of sentence 
3credits which have been revoked, suspended
or reduced. Any 
4restoration of sentence credits in excess of 30 days shall
be 
5subject to review by the Prisoner Review Board. However, the 
6Board may not
restore sentence credit in excess of the amount 
7requested by the Director.

8 Nothing contained in this Section shall prohibit the 
9Prisoner Review Board
from ordering, pursuant to Section 
103-3-9(a)(3)(i)(B), that a prisoner serve up
to one year of the 
11sentence imposed by the court that was not served due to the

12accumulation of sentence credit.

13 (d) If a lawsuit is filed by a prisoner in an Illinois or 
14federal court
against the State, the Department of Corrections, 
15or the Prisoner Review Board,
or against any of
their officers 
16or employees, and the court makes a specific finding that a

17pleading, motion, or other paper filed by the prisoner is 
18frivolous, the
Department of Corrections shall conduct a 
19hearing to revoke up to
180 days of sentence credit by bringing 
20charges against the prisoner
sought to be deprived of the 
21sentence credits before the Prisoner Review
Board as provided 
22in subparagraph (a)(8) of Section 3-3-2 of this Code.
If the 
23prisoner has not accumulated 180 days of sentence credit at the

24time of the finding, then the Prisoner Review Board may revoke 
25all
sentence credit accumulated by the prisoner.

26 For purposes of this subsection (d):


 
 
09800SB1003sam002- 40 -LRB098 05245 RLC 44423 a


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


5   (A) it lacks an arguable basis either in law or in 
6 fact;


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


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

13 modification, or reversal of existing law or the 
14 establishment of new law;


15   (D) the allegations and other factual contentions 
16 do not have
evidentiary
support or, if specifically so 
17 identified, are not likely to have evidentiary
support 
18 after a reasonable opportunity for further 
19 investigation or discovery;
or


20   (E) the denials of factual contentions are not 
21 warranted on the
evidence, or if specifically so 
22 identified, are not reasonably based on a lack
of 
23 information or belief.


24  (2) "Lawsuit" means a motion pursuant to Section
116-3 
25 of the Code of Criminal Procedure of 1963, a habeas corpus 
26 action under
Article X of the Code of Civil Procedure or 
 
 
09800SB1003sam002- 41 -LRB098 05245 RLC 44423 a


1 under federal law (28 U.S.C. 2254),
a petition for claim 
2 under the Court of Claims Act, an action under the
federal 
3 Civil Rights Act (42 U.S.C. 1983), or a second or 
4 subsequent petition for post-conviction relief under 
5 Article 122 of the Code of Criminal Procedure of 1963 
6 whether filed with or without leave of court or a second or 
7 subsequent petition for relief from judgment under Section 
8 2-1401 of the Code of Civil Procedure.

9 (e) Nothing in Public Act 90-592 or 90-593 affects the 
10validity of Public Act 89-404.

11 (f) Whenever the Department is to release any inmate who 
12has been convicted of a violation of an order of protection 
13under Section 12-3.4 or 12-30 of the Criminal Code of 1961 or 
14the Criminal Code of 2012, earlier than it
otherwise would 
15because of a grant of sentence credit, the Department, as a 
16condition of release, shall require that the person, upon 
17release, be placed under electronic surveillance as provided in 
18Section 5-8A-7 of this Code. 
19(Source: P.A. 96-860, eff. 1-15-10; 96-1110, eff. 7-19-10; 
2096-1128, eff. 1-1-11; 96-1200, eff. 7-22-10; 96-1224, eff. 
217-23-10; 96-1230, eff. 1-1-11; 96-1551, eff. 7-1-11; 97-333, 
22eff. 8-12-11; 97-697, eff. 6-22-12; 97-990, eff. 1-1-13; 
2397-1150, eff. 1-25-13.)




24 (730 ILCS 5/5-5-3) (from Ch. 38, par. 1005-5-3)


25 Sec. 5-5-3. Disposition. 

 
 
09800SB1003sam002- 42 -LRB098 05245 RLC 44423 a


1 (a) (Blank).

2 (b) (Blank). 


3 (c) (1) (Blank).


4  (2) A period of probation, a term of periodic 
5 imprisonment or
conditional discharge shall not be imposed 
6 for the following offenses.
The court shall sentence the 
7 offender to not less than the minimum term
of imprisonment 
8 set forth in this Code for the following offenses, and
may 
9 order a fine or restitution or both in conjunction with 
10 such term of
imprisonment:


11   (A) First degree murder where the death penalty is 
12 not imposed.


13   (B) Attempted first degree murder.


14   (C) A Class X felony.


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

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

19 containing cocaine, fentanyl, or an analog thereof.

20   (D-5) A violation of subdivision (c)(1) of
Section 
21 401 of the Illinois Controlled Substances Act which 
22 relates to 3 or more grams of a substance
containing 
23 heroin or an analog thereof. 

24   (E) A violation of Section 5.1 or 9 of the Cannabis 
25 Control
Act.


26   (F) A Class 2 or greater felony if the offender had 
 
 
09800SB1003sam002- 43 -LRB098 05245 RLC 44423 a


1 been convicted
of a Class 2 or greater felony, 
2 including any state or federal conviction for an 
3 offense that contained, at the time it was committed, 
4 the same elements as an offense now (the date of the 
5 offense committed after the prior Class 2 or greater 
6 felony) classified as a Class 2 or greater felony, 
7 within 10 years of the date on which the
offender

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

11 Dependency Act.

12   (F-5) A violation of Section 24-1, 24-1.1, or 
13 24-1.6, or 24-1.8 of the Criminal Code of 1961 or the 
14 Criminal Code of 2012 for which imprisonment is 
15 prescribed in those Sections.

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


19   (H) Criminal sexual assault.


20   (I) Aggravated battery of a senior citizen as 
21 described in Section 12-4.6 or subdivision (a)(4) of 
22 Section 12-3.05 of the Criminal Code of 1961 or the 
23 Criminal Code of 2012.


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


26   Before July 1, 1994, for the purposes of this 
 
 
09800SB1003sam002- 44 -LRB098 05245 RLC 44423 a


1 paragraph, "organized
gang" means an association of 5 
2 or more persons, with an established hierarchy,
that 
3 encourages members of the association to perpetrate 
4 crimes or provides
support to the members of the 
5 association who do commit crimes.


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


10   (K) Vehicular hijacking.


11   (L) A second or subsequent conviction for the 
12 offense of hate crime
when the underlying offense upon 
13 which the hate crime is based is felony
aggravated

14 assault or felony mob action.


15   (M) A second or subsequent conviction for the 
16 offense of institutional
vandalism if the damage to the 
17 property exceeds $300.


18   (N) A Class 3 felony violation of paragraph (1) of 
19 subsection (a) of
Section 2 of the Firearm Owners 
20 Identification Card Act.


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


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


26   (Q) A violation of subsection (b) or (b-5) of 
 
 
09800SB1003sam002- 45 -LRB098 05245 RLC 44423 a


1 Section 20-1, Section 20-1.2, or Section 20-1.3 of the 
2 Criminal Code of
1961 or the Criminal Code of 2012.


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


5   (S) (Blank).


6   (T) A second or subsequent violation of the 
7 Methamphetamine Control and Community Protection Act.
 
8   (U) A second or subsequent violation of Section 
9 6-303 of the Illinois Vehicle Code committed while his 
10 or her driver's license, permit, or privilege was 
11 revoked because of a violation of Section 9-3 of the 
12 Criminal Code of 1961 or the Criminal Code of 2012, 
13 relating to the offense of reckless homicide, or a 
14 similar provision of a law of another state.
 
15   (V)
A violation of paragraph (4) of subsection (c) 
16 of Section 11-20.1B or paragraph (4) of subsection (c) 
17 of Section 11-20.3 of the Criminal Code of 1961, or 
18 paragraph (6) of subsection (a) of Section 11-20.1 of 
19 the Criminal Code of 2012 when the victim is under 13 
20 years of age and the defendant has previously been 
21 convicted under the laws of this State or any other 
22 state of the offense of child pornography, aggravated 
23 child pornography, aggravated criminal sexual abuse, 
24 aggravated criminal sexual assault, predatory criminal 
25 sexual assault of a child, or any of the offenses 
26 formerly known as rape, deviate sexual assault, 
 
 
09800SB1003sam002- 46 -LRB098 05245 RLC 44423 a


1 indecent liberties with a child, or aggravated 
2 indecent liberties with a child where the victim was 
3 under the age of 18 years or an offense that is 
4 substantially equivalent to those offenses. 
5   (W) A violation of Section 24-3.5 of the Criminal 
6 Code of 1961 or the Criminal Code of 2012.
 
7   (X) A violation of subsection (a) of Section 31-1a 
8 of the Criminal Code of 1961 or the Criminal Code of 
9 2012.
10   (Y) A conviction for unlawful possession of a 
11 firearm by a street gang member when the firearm was 
12 loaded or contained firearm ammunition. 
13   (Z) A Class 1 felony committed while he or she was 
14 serving a term of probation or conditional discharge 
15 for a felony.
16   (AA) Theft of property exceeding $500,000 and not 
17 exceeding $1,000,000 in value.
18   (BB) Laundering of criminally derived property of 
19 a value exceeding
$500,000.
20   (CC) Knowingly selling, offering for sale, holding 
21 for sale, or using 2,000 or more counterfeit items or 
22 counterfeit items having a retail value in the 
23 aggregate of $500,000 or more. 
24   (DD) A conviction for aggravated assault under 
25 paragraph (6) of subsection (c) of Section 12-2 of the 
26 Criminal Code of 1961 or the Criminal Code of 2012 if 
 
 
09800SB1003sam002- 47 -LRB098 05245 RLC 44423 a


1 the firearm is aimed toward the person against whom the 
2 firearm is being used. 

3  (3) (Blank).


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

5 consecutive days or 30 days of community service shall be 
6 imposed for a
violation of paragraph (c) of Section 6-303 
7 of the Illinois Vehicle Code.


8  (4.1) (Blank).


9  (4.2) Except as provided in paragraphs (4.3) and (4.8) 
10 of this subsection (c), a
minimum of
100 hours of community 
11 service shall be imposed for a second violation of
Section 
12 6-303
of the Illinois Vehicle Code.


13  (4.3) A minimum term of imprisonment of 30 days or 300 
14 hours of community
service, as determined by the court, 
15 shall
be imposed for a second violation of subsection (c) 
16 of Section 6-303 of the
Illinois Vehicle Code.


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


23  (4.5) A minimum term of imprisonment of 30 days
shall 
24 be imposed for a third violation of subsection (c) of

25 Section 6-303 of the Illinois Vehicle Code.


26  (4.6) Except as provided in paragraph (4.10) of this 
 
 
09800SB1003sam002- 48 -LRB098 05245 RLC 44423 a


1 subsection (c), a minimum term of imprisonment of 180 days 
2 shall be imposed for a
fourth or subsequent violation of 
3 subsection (c) of Section 6-303 of the
Illinois Vehicle 
4 Code.

5  (4.7) A minimum term of imprisonment of not less than 
6 30 consecutive days, or 300 hours of community service, 
7 shall be imposed for a violation of subsection (a-5) of 
8 Section 6-303 of the Illinois Vehicle Code, as provided in 
9 subsection (b-5) of that Section.

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

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

22  (4.10) A mandatory prison sentence for a Class 1 felony 
23 shall be imposed, and the person shall be eligible for an 
24 extended term sentence, for a fourth or subsequent 
25 violation of subsection (a-5) of Section 6-303 of the 
26 Illinois Vehicle Code, as provided in subsection (d-3.5) of 
 
 
09800SB1003sam002- 49 -LRB098 05245 RLC 44423 a


1 that Section. The person's driving privileges shall be 
2 revoked for the remainder of his or her life.


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


5   (A) a period of conditional discharge;


6   (B) a fine;


7   (C) make restitution to the victim under Section 
8 5-5-6 of this Code.


9  (5.1) In addition to any other penalties imposed, and 
10 except as provided in paragraph (5.2) or (5.3), a person

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


16  (5.2) In addition to any other penalties imposed, and 
17 except as provided in paragraph (5.3), a person convicted

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


23  (5.3) In addition to any other penalties imposed, a 
24 person convicted of violating subsection (c) of Section

25 11-907 of the Illinois Vehicle Code shall have his or her 
26 driver's license,
permit, or privileges suspended for 2 
 
 
09800SB1003sam002- 50 -LRB098 05245 RLC 44423 a


1 years, if the violation resulted in the
death of another 
2 person.

3  (5.4) In addition to any other penalties imposed, a 
4 person convicted of violating Section 3-707 of the Illinois 
5 Vehicle Code shall have his or her driver's license, 
6 permit, or privileges suspended for 3 months and until he 
7 or she has paid a reinstatement fee of $100.
8  (5.5) In addition to any other penalties imposed, a 
9 person convicted of violating Section 3-707 of the Illinois 
10 Vehicle Code during a period in which his or her driver's 
11 license, permit, or privileges were suspended for a 
12 previous violation of that Section shall have his or her 
13 driver's license, permit, or privileges suspended for an 
14 additional 6 months after the expiration of the original 
15 3-month suspension and until he or she has paid a 
16 reinstatement fee of $100.


17  (6) (Blank).


18  (7) (Blank).


19  (8) (Blank).


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


23  (10) (Blank).

24  (11) The court shall impose a minimum fine of $1,000 
25 for a first offense
and $2,000 for a second or subsequent 
26 offense upon a person convicted of or
placed on supervision 
 
 
09800SB1003sam002- 51 -LRB098 05245 RLC 44423 a


1 for battery when the individual harmed was a sports

2 official or coach at any level of competition and the act 
3 causing harm to the
sports
official or coach occurred 
4 within an athletic facility or within the immediate 
5 vicinity
of the athletic facility at which the sports 
6 official or coach was an active
participant
of the athletic 
7 contest held at the athletic facility. For the purposes of

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

20  (13) A person convicted of or placed on court 
21 supervision for an assault or aggravated assault when the 
22 victim and the offender are family or household members as 
23 defined in Section 103 of the Illinois Domestic Violence 
24 Act of 1986 or convicted of domestic battery or aggravated 
25 domestic battery may be required to attend a Partner Abuse 
26 Intervention Program under protocols set forth by the 
 
 
09800SB1003sam002- 52 -LRB098 05245 RLC 44423 a


1 Illinois Department of Human Services under such terms and 
2 conditions imposed by the court. The costs of such classes 
3 shall be paid by the offender.

4 (d) In any case in which a sentence originally imposed is 
5vacated,
the case shall be remanded to the trial court. The 
6trial court shall
hold a hearing under Section 5-4-1 of the 
7Unified Code of Corrections
which may include evidence of the 
8defendant's life, moral character and
occupation during the 
9time since the original sentence was passed. The
trial court 
10shall then impose sentence upon the defendant. The trial
court 
11may impose any sentence which could have been imposed at the

12original trial subject to Section 5-5-4 of the Unified Code of 
13Corrections.
If a sentence is vacated on appeal or on 
14collateral attack due to the
failure of the trier of fact at 
15trial to determine beyond a reasonable doubt
the
existence of a 
16fact (other than a prior conviction) necessary to increase the

17punishment for the offense beyond the statutory maximum 
18otherwise applicable,
either the defendant may be re-sentenced 
19to a term within the range otherwise
provided or, if the State 
20files notice of its intention to again seek the
extended 
21sentence, the defendant shall be afforded a new trial.

22 (e) In cases where prosecution for
aggravated criminal 
23sexual abuse under Section 11-1.60 or 12-16 of the
Criminal 
24Code of 1961 or the Criminal Code of 2012 results in conviction 
25of a defendant
who was a family member of the victim at the 
26time of the commission of the
offense, the court shall consider 
 
 
09800SB1003sam002- 53 -LRB098 05245 RLC 44423 a


1the safety and welfare of the victim and
may impose a sentence 
2of probation only where:


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


4   (A) the defendant is willing to undergo a court 
5 approved counseling
program for a minimum duration of 2 
6 years; or


7   (B) the defendant is willing to participate in a 
8 court approved plan
including but not limited to the 
9 defendant's:


10    (i) removal from the household;


11    (ii) restricted contact with the victim;


12    (iii) continued financial support of the 
13 family;


14    (iv) restitution for harm done to the victim; 
15 and


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


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

25 Probation may be revoked or modified pursuant to Section 
265-6-4; except
where the court determines at the hearing that 
 
 
09800SB1003sam002- 54 -LRB098 05245 RLC 44423 a


1the defendant violated a
condition of his or her probation 
2restricting contact with the victim or
other family members or 
3commits another offense with the victim or other
family 
4members, the court shall revoke the defendant's probation and

5impose a term of imprisonment.

6 For the purposes of this Section, "family member" and 
7"victim" shall have
the meanings ascribed to them in Section 
811-0.1 of the Criminal Code of
2012.

9 (f) (Blank).

10 (g) Whenever a defendant is convicted of an offense under 
11Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60,
11-14, 
1211-14.3, 11-14.4 except for an offense that involves keeping a 
13place of juvenile prostitution, 11-15, 11-15.1, 11-16, 11-17, 
1411-18, 11-18.1, 11-19, 11-19.1, 11-19.2,
12-13, 12-14, 
1512-14.1, 12-15 or 12-16 of the Criminal Code of 1961 or the 
16Criminal Code of 2012,
the defendant shall undergo medical 
17testing to
determine whether the defendant has any sexually 
18transmissible disease,
including a test for infection with 
19human immunodeficiency virus (HIV) or
any other identified 
20causative agent of acquired immunodeficiency syndrome
(AIDS). 
21Any such medical test shall be performed only by appropriately

22licensed medical practitioners and may include an analysis of 
23any bodily
fluids as well as an examination of the defendant's 
24person.
Except as otherwise provided by law, the results of 
25such test shall be kept
strictly confidential by all medical 
26personnel involved in the testing and must
be personally 
 
 
09800SB1003sam002- 55 -LRB098 05245 RLC 44423 a


1delivered in a sealed envelope to the judge of the court in 
2which
the conviction was entered for the judge's inspection in 
3camera. Acting in
accordance with the best interests of the 
4victim and the public, the judge
shall have the discretion to 
5determine to whom, if anyone, the results of the
testing may be 
6revealed. The court shall notify the defendant
of the test 
7results. The court shall
also notify the victim if requested by 
8the victim, and if the victim is under
the age of 15 and if 
9requested by the victim's parents or legal guardian, the
court 
10shall notify the victim's parents or legal guardian of the test

11results.
The court shall provide information on the 
12availability of HIV testing
and counseling at Department of 
13Public Health facilities to all parties to
whom the results of 
14the testing are revealed and shall direct the State's
Attorney 
15to provide the information to the victim when possible.
A 
16State's Attorney may petition the court to obtain the results 
17of any HIV test
administered under this Section, and the court 
18shall grant the disclosure if
the State's Attorney shows it is 
19relevant in order to prosecute a charge of
criminal 
20transmission of HIV under Section 12-5.01 or 12-16.2 of the 
21Criminal Code of 1961 or the Criminal Code of 2012
against the 
22defendant. The court shall order that the cost of any such test

23shall be paid by the county and may be taxed as costs against 
24the convicted
defendant.

25 (g-5) When an inmate is tested for an airborne communicable 
26disease, as
determined by the Illinois Department of Public 
 
 
09800SB1003sam002- 56 -LRB098 05245 RLC 44423 a


1Health including but not
limited to tuberculosis, the results 
2of the test shall be
personally delivered by the warden or his 
3or her designee in a sealed envelope
to the judge of the court 
4in which the inmate must appear for the judge's
inspection in 
5camera if requested by the judge. Acting in accordance with the

6best interests of those in the courtroom, the judge shall have 
7the discretion
to determine what if any precautions need to be 
8taken to prevent transmission
of the disease in the courtroom.

9 (h) Whenever a defendant is convicted of an offense under 
10Section 1 or 2
of the Hypodermic Syringes and Needles Act, the 
11defendant shall undergo
medical testing to determine whether 
12the defendant has been exposed to human
immunodeficiency virus 
13(HIV) or any other identified causative agent of
acquired 
14immunodeficiency syndrome (AIDS). Except as otherwise provided 
15by
law, the results of such test shall be kept strictly 
16confidential by all
medical personnel involved in the testing 
17and must be personally delivered in a
sealed envelope to the 
18judge of the court in which the conviction was entered
for the 
19judge's inspection in camera. Acting in accordance with the 
20best
interests of the public, the judge shall have the 
21discretion to determine to
whom, if anyone, the results of the 
22testing may be revealed. The court shall
notify the defendant 
23of a positive test showing an infection with the human

24immunodeficiency virus (HIV). The court shall provide 
25information on the
availability of HIV testing and counseling 
26at Department of Public Health
facilities to all parties to 
 
 
09800SB1003sam002- 57 -LRB098 05245 RLC 44423 a


1whom the results of the testing are revealed and
shall direct 
2the State's Attorney to provide the information to the victim 
3when
possible. A State's Attorney may petition the court to 
4obtain the results of
any HIV test administered under this 
5Section, and the court shall grant the
disclosure if the 
6State's Attorney shows it is relevant in order to prosecute a

7charge of criminal transmission of HIV under Section 12-5.01 or 
812-16.2 of the Criminal
Code of 1961 or the Criminal Code of 
92012 against the defendant. The court shall order that the cost 
10of any
such test shall be paid by the county and may be taxed as 
11costs against the
convicted defendant.

12 (i) All fines and penalties imposed under this Section for 
13any violation
of Chapters 3, 4, 6, and 11 of the Illinois 
14Vehicle Code, or a similar
provision of a local ordinance, and 
15any violation
of the Child Passenger Protection Act, or a 
16similar provision of a local
ordinance, shall be collected and 
17disbursed by the circuit
clerk as provided under Section 27.5 
18of the Clerks of Courts Act.

19 (j) In cases when prosecution for any violation of Section 
2011-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-8,
11-9, 
2111-11, 11-14, 11-14.3, 11-14.4, 11-15, 11-15.1, 11-16, 11-17, 
2211-17.1, 11-18, 11-18.1,
11-19, 11-19.1, 11-19.2, 11-20.1, 
2311-20.1B, 11-20.3, 11-21, 11-30, 11-40, 12-13, 12-14, 12-14.1, 
2412-15, or
12-16 of the
Criminal Code of 1961 or the Criminal 
25Code of 2012, any violation of the Illinois Controlled 
26Substances Act,
any violation of the Cannabis Control Act, or 
 
 
09800SB1003sam002- 58 -LRB098 05245 RLC 44423 a


1any violation of the Methamphetamine Control and Community 
2Protection Act results in conviction, a
disposition of court 
3supervision, or an order of probation granted under
Section 10 
4of the Cannabis Control Act, Section 410 of the Illinois

5Controlled Substance Act, or Section 70 of the Methamphetamine 
6Control and Community Protection Act of a defendant, the court 
7shall determine whether the
defendant is employed by a facility 
8or center as defined under the Child Care
Act of 1969, a public 
9or private elementary or secondary school, or otherwise
works 
10with children under 18 years of age on a daily basis. When a 
11defendant
is so employed, the court shall order the Clerk of 
12the Court to send a copy of
the judgment of conviction or order 
13of supervision or probation to the
defendant's employer by 
14certified mail.
If the employer of the defendant is a school, 
15the Clerk of the Court shall
direct the mailing of a copy of 
16the judgment of conviction or order of
supervision or probation 
17to the appropriate regional superintendent of schools.
The 
18regional superintendent of schools shall notify the State Board 
19of
Education of any notification under this subsection.

20 (j-5) A defendant at least 17 years of age who is convicted 
21of a felony and
who has not been previously convicted of a 
22misdemeanor or felony and who is
sentenced to a term of 
23imprisonment in the Illinois Department of Corrections
shall as 
24a condition of his or her sentence be required by the court to 
25attend
educational courses designed to prepare the defendant 
26for a high school diploma
and to work toward a high school 
 
 
09800SB1003sam002- 59 -LRB098 05245 RLC 44423 a


1diploma or to work toward passing the high
school level Test of 
2General Educational Development (GED) or to work toward

3completing a vocational training program offered by the 
4Department of
Corrections. If a defendant fails to complete the 
5educational training
required by his or her sentence during the 
6term of incarceration, the Prisoner
Review Board shall, as a 
7condition of mandatory supervised release, require the

8defendant, at his or her own expense, to pursue a course of 
9study toward a high
school diploma or passage of the GED test. 
10The Prisoner Review Board shall
revoke the mandatory supervised 
11release of a defendant who wilfully fails to
comply with this 
12subsection (j-5) upon his or her release from confinement in a

13penal institution while serving a mandatory supervised release 
14term; however,
the inability of the defendant after making a 
15good faith effort to obtain
financial aid or pay for the 
16educational training shall not be deemed a wilful
failure to 
17comply. The Prisoner Review Board shall recommit the defendant

18whose mandatory supervised release term has been revoked under 
19this subsection
(j-5) as provided in Section 3-3-9. This 
20subsection (j-5) does not apply to a
defendant who has a high 
21school diploma or has successfully passed the GED
test. This 
22subsection (j-5) does not apply to a defendant who is 
23determined by
the court to be developmentally disabled or 
24otherwise mentally incapable of
completing the educational or 
25vocational program.

26 (k) (Blank).


 
 
09800SB1003sam002- 60 -LRB098 05245 RLC 44423 a


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


9   (1) a final order of deportation has been issued 
10 against the defendant
pursuant to proceedings under 
11 the Immigration and Nationality Act, and


12   (2) the deportation of the defendant would not 
13 deprecate the seriousness
of the defendant's conduct 
14 and would not be inconsistent with the ends of
justice.


15  Otherwise, the defendant shall be sentenced as 
16 provided in this Chapter V.


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

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


26   (1) a final order of deportation has been issued 
 
 
09800SB1003sam002- 61 -LRB098 05245 RLC 44423 a


1 against the defendant
pursuant to proceedings under 
2 the Immigration and Nationality Act, and


3   (2) the deportation of the defendant would not 
4 deprecate the seriousness
of the defendant's conduct 
5 and would not be inconsistent with the ends of
justice.


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


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

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

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

19 (m) A person convicted of criminal defacement of property 
20under Section
21-1.3 of the Criminal Code of 1961 or the 
21Criminal Code of 2012, in which the property damage exceeds 
22$300
and the property damaged is a school building, shall be 
23ordered to perform
community service that may include cleanup, 
24removal, or painting over the
defacement.

25 (n) The court may sentence a person convicted of a 
26violation of Section
12-19, 12-21, 16-1.3, or 17-56, or 
 
 
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1subsection (a) or (b) of Section 12-4.4a, of the Criminal Code 
2of 1961 or the Criminal Code of 2012 (i) to an impact

3incarceration program if the person is otherwise eligible for 
4that program
under Section 5-8-1.1, (ii) to community service, 
5or (iii) if the person is an
addict or alcoholic, as defined in 
6the Alcoholism and Other Drug Abuse and
Dependency Act, to a 
7substance or alcohol abuse program licensed under that
Act.
8 (o) Whenever a person is convicted of a sex offense as 
9defined in Section 2 of the Sex Offender Registration Act, the 
10defendant's driver's license or permit shall be subject to 
11renewal on an annual basis in accordance with the provisions of 
12license renewal established by the Secretary of State.


13(Source: P.A. 96-348, eff. 8-12-09; 96-400, eff. 8-13-09; 
1496-829, eff. 12-3-09; 96-1200, eff. 7-22-10; 96-1551, Article 
151, Section 970, eff. 7-1-11; 96-1551, Article 2, Section 1065, 
16eff. 7-1-11; 96-1551, Article 10, Section 10-150, eff. 7-1-11; 
1797-159, eff. 7-21-11; 97-697, eff. 6-22-12; 97-917, eff. 
188-9-12; 97-1108, eff. 1-1-13; 97-1109, eff. 1-1-13; 97-1150, 
19eff. 1-25-13.)".