Public Act 0822 103RD GENERAL ASSEMBLY
 

 
Public Act 103-0822
 
HB4500 EnrolledLRB103 36506 RLC 66612 b

    AN ACT concerning criminal law.
 
    Be it enacted by the People of the State of Illinois, 
represented in the General Assembly:
 
    Section 5. The Child Care Act of 1969 is amended by 
changing Section 4.2 as follows:
 
    (225 ILCS 10/4.2)  (from Ch. 23, par. 2214.2)
    Sec. 4.2. (a) No applicant may receive a license from the 
Department and no person may be employed by a licensed child 
care facility who refuses to authorize an investigation as 
required by Section 4.1.
    (b) In addition to the other provisions of this Section, 
no applicant may receive a license from the Department and no 
person may be employed by a child care facility licensed by the 
Department who has been declared a sexually dangerous person 
under the Sexually Dangerous Persons Act, or convicted of 
committing or attempting to commit any of the following 
offenses stipulated under the Criminal Code of 1961 or the 
Criminal Code of 2012:
        (1) murder;
        (1.1) solicitation of murder;
        (1.2) solicitation of murder for hire;
        (1.3) intentional homicide of an unborn child;
        (1.4) voluntary manslaughter of an unborn child;
        (1.5) involuntary manslaughter;
        (1.6) reckless homicide;
        (1.7) concealment of a homicidal death;
        (1.8) involuntary manslaughter of an unborn child;
        (1.9) reckless homicide of an unborn child;
        (1.10) drug-induced homicide;
        (2) a sex offense under Article 11, except offenses 
    described in Sections 11-7, 11-8, 11-12, 11-13, 11-35, 
    11-40, and 11-45;
        (3) kidnapping;
        (3.1) aggravated unlawful restraint;
        (3.2) forcible detention;
        (3.3) harboring a runaway;
        (3.4) aiding and abetting child abduction;
        (4) aggravated kidnapping;
        (5) child abduction;
        (6) aggravated battery of a child as described in 
    Section 12-4.3 or subdivision (b)(1) of Section 12-3.05;
        (7) criminal sexual assault;
        (8) aggravated criminal sexual assault;
        (8.1) predatory criminal sexual assault of a child;
        (9) criminal sexual abuse;
        (10) aggravated sexual abuse;
        (11) heinous battery as described in Section 12-4.1 or 
    subdivision (a)(2) of Section 12-3.05;
        (12) aggravated battery with a firearm as described in 
    Section 12-4.2 or subdivision (e)(1), (e)(2), (e)(3), or 
    (e)(4) of Section 12-3.05;
        (13) tampering with food, drugs, or cosmetics;
        (14) drug induced infliction of great bodily harm as 
    described in Section 12-4.7 or subdivision (g)(1) of 
    Section 12-3.05;
        (15) hate crime;
        (16) stalking;
        (17) aggravated stalking;
        (18) threatening public officials;
        (19) home invasion;
        (20) vehicular invasion;
        (21) criminal transmission of HIV;
        (22) criminal abuse or neglect of an elderly person or 
    person with a disability as described in Section 12-21 or 
    subsection (e) of Section 12-4.4a;
        (23) child abandonment;
        (24) endangering the life or health of a child;
        (25) ritual mutilation;
        (26) ritualized abuse of a child;
        (27) an offense in any other jurisdiction the elements 
    of which are similar and bear a substantial relationship 
    to any of the foregoing offenses.
    (b-1) In addition to the other provisions of this Section, 
beginning January 1, 2004, no new applicant and, on the date of 
licensure renewal, no current licensee may operate or receive 
a license from the Department to operate, no person may be 
employed by, and no adult person may reside in a child care 
facility licensed by the Department who has been convicted of 
committing or attempting to commit any of the following 
offenses or an offense in any other jurisdiction the elements 
of which are similar and bear a substantial relationship to 
any of the following offenses:
 
(I) BODILY HARM

 
        (1) Felony aggravated assault.
        (2) Vehicular endangerment.
        (3) Felony domestic battery.
        (4) Aggravated battery.
        (5) Heinous battery.
        (6) Aggravated battery with a firearm.
        (7) Aggravated battery of an unborn child.
        (8) Aggravated battery of a senior citizen.
        (9) Intimidation.
        (10) Compelling organization membership of persons.
        (11) Abuse and criminal neglect of a long term care 
    facility resident.
        (12) Felony violation of an order of protection.
 
(II) OFFENSES AFFECTING PUBLIC HEALTH, SAFETY, AND DECENCY

 
        (1) Felony unlawful possession use of weapons.
        (2) Aggravated discharge of a firearm.
        (3) Reckless discharge of a firearm.
        (4) Unlawful use of metal piercing bullets.
        (5) Unlawful sale or delivery of firearms on the 
    premises of any school.
        (6) Disarming a police officer.
        (7) Obstructing justice.
        (8) Concealing or aiding a fugitive.
        (9) Armed violence.
        (10) Felony contributing to the criminal delinquency 
    of a juvenile.
 
(III) DRUG OFFENSES

 
        (1) Possession of more than 30 grams of cannabis.
        (2) Manufacture of more than 10 grams of cannabis.
        (3) Cannabis trafficking.
        (4) Delivery of cannabis on school grounds.
        (5) Unauthorized production of more than 5 cannabis 
    sativa plants.
        (6) Calculated criminal cannabis conspiracy.
        (7) Unauthorized manufacture or delivery of controlled 
    substances.
        (8) Controlled substance trafficking.
        (9) Manufacture, distribution, or advertisement of 
    look-alike substances.
        (10) Calculated criminal drug conspiracy.
        (11) Street gang criminal drug conspiracy.
        (12) Permitting unlawful use of a building.
        (13) Delivery of controlled, counterfeit, or 
    look-alike substances to persons under age 18, or at truck 
    stops, rest stops, or safety rest areas, or on school 
    property.
        (14) Using, engaging, or employing persons under 18 to 
    deliver controlled, counterfeit, or look-alike substances.
        (15) Delivery of controlled substances.
        (16) Sale or delivery of drug paraphernalia.
        (17) Felony possession, sale, or exchange of 
    instruments adapted for use of a controlled substance, 
    methamphetamine, or cannabis by subcutaneous injection.
        (18) Felony possession of a controlled substance.
        (19) Any violation of the Methamphetamine Control and 
    Community Protection Act. 
    (b-1.5) In addition to any other provision of this 
Section, for applicants with access to confidential financial 
information or who submit documentation to support billing, 
the Department may, in its discretion, deny or refuse to renew 
a license to an applicant who has been convicted of committing 
or attempting to commit any of the following felony offenses:
        (1) financial institution fraud under Section 17-10.6 
    of the Criminal Code of 1961 or the Criminal Code of 2012;
        (2) identity theft under Section 16-30 of the Criminal 
    Code of 1961 or the Criminal Code of 2012;
        (3) financial exploitation of an elderly person or a 
    person with a disability under Section 17-56 of the 
    Criminal Code of 1961 or the Criminal Code of 2012;
        (4) computer tampering under Section 17-51 of the 
    Criminal Code of 1961 or the Criminal Code of 2012;
        (5) aggravated computer tampering under Section 17-52 
    of the Criminal Code of 1961 or the Criminal Code of 2012;
        (6) computer fraud under Section 17-50 of the Criminal 
    Code of 1961 or the Criminal Code of 2012;
        (7) deceptive practices under Section 17-1 of the 
    Criminal Code of 1961 or the Criminal Code of 2012;
        (8) forgery under Section 17-3 of the Criminal Code of 
    1961 or the Criminal Code of 2012;
        (9) State benefits fraud under Section 17-6 of the 
    Criminal Code of 1961 or the Criminal Code of 2012;
        (10) mail fraud and wire fraud under Section 17-24 of 
    the Criminal Code of 1961 or the Criminal Code of 2012;
        (11) theft under paragraphs (1.1) through (11) of 
    subsection (b) of Section 16-1 of the Criminal Code of 
    1961 or the Criminal Code of 2012. 
    (b-2) Notwithstanding subsection (b-1), the Department may 
make an exception and, for child care facilities other than 
foster family homes, issue a new child care facility license 
to or renew the existing child care facility license of an 
applicant, a person employed by a child care facility, or an 
applicant who has an adult residing in a home child care 
facility who was convicted of an offense described in 
subsection (b-1), provided that all of the following 
requirements are met:
        (1) The relevant criminal offense occurred more than 5 
    years prior to the date of application or renewal, except 
    for drug offenses. The relevant drug offense must have 
    occurred more than 10 years prior to the date of 
    application or renewal, unless the applicant passed a drug 
    test, arranged and paid for by the child care facility, no 
    less than 5 years after the offense.
        (2) The Department must conduct a background check and 
    assess all convictions and recommendations of the child 
    care facility to determine if hiring or licensing the 
    applicant is in accordance with Department administrative 
    rules and procedures.
        (3) The applicant meets all other requirements and 
    qualifications to be licensed as the pertinent type of 
    child care facility under this Act and the Department's 
    administrative rules.
    (c) In addition to the other provisions of this Section, 
no applicant may receive a license from the Department to 
operate a foster family home, and no adult person may reside in 
a foster family home licensed by the Department, who has been 
convicted of committing or attempting to commit any of the 
following offenses stipulated under the Criminal Code of 1961, 
the Criminal Code of 2012, the Cannabis Control Act, the 
Methamphetamine Control and Community Protection Act, and the 
Illinois Controlled Substances Act:
 
(I) OFFENSES DIRECTED AGAINST THE PERSON

  
    (A) KIDNAPPING AND RELATED OFFENSES
        (1) Unlawful restraint.
  
    (B) BODILY HARM
        (2) Felony aggravated assault.
        (3) Vehicular endangerment.
        (4) Felony domestic battery.
        (5) Aggravated battery.
        (6) Heinous battery.
        (7) Aggravated battery with a firearm.
        (8) Aggravated battery of an unborn child.
        (9) Aggravated battery of a senior citizen.
        (10) Intimidation.
        (11) Compelling organization membership of persons.
        (12) Abuse and criminal neglect of a long term care 
    facility resident.
        (13) Felony violation of an order of protection.
 
(II) OFFENSES DIRECTED AGAINST PROPERTY

 
        (14) Felony theft.
        (15) Robbery.
        (16) Armed robbery.
        (17) Aggravated robbery.
        (18) Vehicular hijacking.
        (19) Aggravated vehicular hijacking.
        (20) Burglary.
        (21) Possession of burglary tools.
        (22) Residential burglary.
        (23) Criminal fortification of a residence or 
    building.
        (24) Arson.
        (25) Aggravated arson.
        (26) Possession of explosive or explosive incendiary 
    devices.
 
(III) OFFENSES AFFECTING PUBLIC HEALTH, SAFETY, AND DECENCY

 
        (27) Felony unlawful possession use of weapons.
        (28) Aggravated discharge of a firearm.
        (29) Reckless discharge of a firearm.
        (30) Unlawful use of metal piercing bullets.
        (31) Unlawful sale or delivery of firearms on the 
    premises of any school.
        (32) Disarming a police officer.
        (33) Obstructing justice.
        (34) Concealing or aiding a fugitive.
        (35) Armed violence.
        (36) Felony contributing to the criminal delinquency 
    of a juvenile.
 
(IV) DRUG OFFENSES

 
        (37) Possession of more than 30 grams of cannabis.
        (38) Manufacture of more than 10 grams of cannabis.
        (39) Cannabis trafficking.
        (40) Delivery of cannabis on school grounds.
        (41) Unauthorized production of more than 5 cannabis 
    sativa plants.
        (42) Calculated criminal cannabis conspiracy.
        (43) Unauthorized manufacture or delivery of 
    controlled substances.
        (44) Controlled substance trafficking.
        (45) Manufacture, distribution, or advertisement of 
    look-alike substances.
        (46) Calculated criminal drug conspiracy.
        (46.5) Streetgang criminal drug conspiracy.
        (47) Permitting unlawful use of a building.
        (48) Delivery of controlled, counterfeit, or 
    look-alike substances to persons under age 18, or at truck 
    stops, rest stops, or safety rest areas, or on school 
    property.
        (49) Using, engaging, or employing persons under 18 to 
    deliver controlled, counterfeit, or look-alike substances.
        (50) Delivery of controlled substances.
        (51) Sale or delivery of drug paraphernalia.
        (52) Felony possession, sale, or exchange of 
    instruments adapted for use of a controlled substance, 
    methamphetamine, or cannabis by subcutaneous injection.
        (53) Any violation of the Methamphetamine Control and 
    Community Protection Act. 
    (d) Notwithstanding subsection (c), the Department may 
make an exception and issue a new foster family home license or 
may renew an existing foster family home license of an 
applicant who was convicted of an offense described in 
subsection (c), provided all of the following requirements are 
met:
        (1) The relevant criminal offense or offenses occurred 
    more than 10 years prior to the date of application or 
    renewal.
        (2) The applicant had previously disclosed the 
    conviction or convictions to the Department for purposes 
    of a background check.
        (3) After the disclosure, the Department either placed 
    a child in the home or the foster family home license was 
    issued.
        (4) During the background check, the Department had 
    assessed and waived the conviction in compliance with the 
    existing statutes and rules in effect at the time of the 
    hire or licensure.
        (5) The applicant meets all other requirements and 
    qualifications to be licensed as a foster family home 
    under this Act and the Department's administrative rules.
        (6) The applicant has a history of providing a safe, 
    stable home environment and appears able to continue to 
    provide a safe, stable home environment.
    (e) In evaluating the exception pursuant to subsections 
(b-2) and (d), the Department must carefully review any 
relevant documents to determine whether the applicant, despite 
the disqualifying convictions, poses a substantial risk to 
State resources or clients. In making such a determination, 
the following guidelines shall be used:
        (1) the age of the applicant when the offense was 
    committed;
        (2) the circumstances surrounding the offense;
        (3) the length of time since the conviction;
        (4) the specific duties and responsibilities 
    necessarily related to the license being applied for and 
    the bearing, if any, that the applicant's conviction 
    history may have on the applicant's fitness to perform 
    these duties and responsibilities;
        (5) the applicant's employment references;
        (6) the applicant's character references and any 
    certificates of achievement;
        (7) an academic transcript showing educational 
    attainment since the disqualifying conviction;
        (8) a Certificate of Relief from Disabilities or 
    Certificate of Good Conduct; and
        (9) anything else that speaks to the applicant's 
    character. 
(Source: P.A. 103-22, eff. 8-8-23.)
 
    Section 10. The Illinois Vehicle Code is amended by 
changing Section 6-206 as follows:
 
    (625 ILCS 5/6-206)
    Sec. 6-206. Discretionary authority to suspend or revoke 
license or permit; right to a hearing.
    (a) The Secretary of State is authorized to suspend or 
revoke the driving privileges of any person without 
preliminary hearing upon a showing of the person's records or 
other sufficient evidence that the person:
        1. Has committed an offense for which mandatory 
    revocation of a driver's license or permit is required 
    upon conviction;
        2. Has been convicted of not less than 3 offenses 
    against traffic regulations governing the movement of 
    vehicles committed within any 12-month period. No 
    revocation or suspension shall be entered more than 6 
    months after the date of last conviction;
        3. Has been repeatedly involved as a driver in motor 
    vehicle collisions or has been repeatedly convicted of 
    offenses against laws and ordinances regulating the 
    movement of traffic, to a degree that indicates lack of 
    ability to exercise ordinary and reasonable care in the 
    safe operation of a motor vehicle or disrespect for the 
    traffic laws and the safety of other persons upon the 
    highway;
        4. Has by the unlawful operation of a motor vehicle 
    caused or contributed to a crash resulting in injury 
    requiring immediate professional treatment in a medical 
    facility or doctor's office to any person, except that any 
    suspension or revocation imposed by the Secretary of State 
    under the provisions of this subsection shall start no 
    later than 6 months after being convicted of violating a 
    law or ordinance regulating the movement of traffic, which 
    violation is related to the crash, or shall start not more 
    than one year after the date of the crash, whichever date 
    occurs later;
        5. Has permitted an unlawful or fraudulent use of a 
    driver's license, identification card, or permit;
        6. Has been lawfully convicted of an offense or 
    offenses in another state, including the authorization 
    contained in Section 6-203.1, which if committed within 
    this State would be grounds for suspension or revocation;
        7. Has refused or failed to submit to an examination 
    provided for by Section 6-207 or has failed to pass the 
    examination;
        8. Is ineligible for a driver's license or permit 
    under the provisions of Section 6-103;
        9. Has made a false statement or knowingly concealed a 
    material fact or has used false information or 
    identification in any application for a license, 
    identification card, or permit;
        10. Has possessed, displayed, or attempted to 
    fraudulently use any license, identification card, or 
    permit not issued to the person;
        11. Has operated a motor vehicle upon a highway of 
    this State when the person's driving privilege or 
    privilege to obtain a driver's license or permit was 
    revoked or suspended unless the operation was authorized 
    by a monitoring device driving permit, judicial driving 
    permit issued prior to January 1, 2009, probationary 
    license to drive, or restricted driving permit issued 
    under this Code;
        12. Has submitted to any portion of the application 
    process for another person or has obtained the services of 
    another person to submit to any portion of the application 
    process for the purpose of obtaining a license, 
    identification card, or permit for some other person;
        13. Has operated a motor vehicle upon a highway of 
    this State when the person's driver's license or permit 
    was invalid under the provisions of Sections 6-107.1 and 
    6-110;
        14. Has committed a violation of Section 6-301, 
    6-301.1, or 6-301.2 of this Code, or Section 14, 14A, or 
    14B of the Illinois Identification Card Act or a similar 
    offense in another state if, at the time of the offense, 
    the person held an Illinois driver's license or 
    identification card;
        15. Has been convicted of violating Section 21-2 of 
    the Criminal Code of 1961 or the Criminal Code of 2012 
    relating to criminal trespass to vehicles if the person 
    exercised actual physical control over the vehicle during 
    the commission of the offense, in which case the 
    suspension shall be for one year;
        16. Has been convicted of violating Section 11-204 of 
    this Code relating to fleeing from a peace officer;
        17. Has refused to submit to a test, or tests, as 
    required under Section 11-501.1 of this Code and the 
    person has not sought a hearing as provided for in Section 
    11-501.1;
        18. (Blank);
        19. Has committed a violation of paragraph (a) or (b) 
    of Section 6-101 relating to driving without a driver's 
    license;
        20. Has been convicted of violating Section 6-104 
    relating to classification of driver's license;
        21. Has been convicted of violating Section 11-402 of 
    this Code relating to leaving the scene of a crash 
    resulting in damage to a vehicle in excess of $1,000, in 
    which case the suspension shall be for one year;
        22. Has used a motor vehicle in violating paragraph 
    (3), (4), (7), or (9) of subsection (a) of Section 24-1 of 
    the Criminal Code of 1961 or the Criminal Code of 2012 
    relating to unlawful possession use of weapons, in which 
    case the suspension shall be for one year;
        23. Has, as a driver, been convicted of committing a 
    violation of paragraph (a) of Section 11-502 of this Code 
    for a second or subsequent time within one year of a 
    similar violation;
        24. Has been convicted by a court-martial or punished 
    by non-judicial punishment by military authorities of the 
    United States at a military installation in Illinois or in 
    another state of or for a traffic-related offense that is 
    the same as or similar to an offense specified under 
    Section 6-205 or 6-206 of this Code;
        25. Has permitted any form of identification to be 
    used by another in the application process in order to 
    obtain or attempt to obtain a license, identification 
    card, or permit;
        26. Has altered or attempted to alter a license or has 
    possessed an altered license, identification card, or 
    permit;
        27. (Blank);
        28. Has been convicted for a first time of the illegal 
    possession, while operating or in actual physical control, 
    as a driver, of a motor vehicle, of any controlled 
    substance prohibited under the Illinois Controlled 
    Substances Act, any cannabis prohibited under the Cannabis 
    Control Act, or any methamphetamine prohibited under the 
    Methamphetamine Control and Community Protection Act, in 
    which case the person's driving privileges shall be 
    suspended for one year. Any defendant found guilty of this 
    offense while operating a motor vehicle shall have an 
    entry made in the court record by the presiding judge that 
    this offense did occur while the defendant was operating a 
    motor vehicle and order the clerk of the court to report 
    the violation to the Secretary of State;
        29. Has been convicted of the following offenses that 
    were committed while the person was operating or in actual 
    physical control, as a driver, of a motor vehicle: 
    criminal sexual assault, predatory criminal sexual assault 
    of a child, aggravated criminal sexual assault, criminal 
    sexual abuse, aggravated criminal sexual abuse, juvenile 
    pimping, soliciting for a juvenile prostitute, promoting 
    juvenile prostitution as described in subdivision (a)(1), 
    (a)(2), or (a)(3) of Section 11-14.4 of the Criminal Code 
    of 1961 or the Criminal Code of 2012, and the manufacture, 
    sale or delivery of controlled substances or instruments 
    used for illegal drug use or abuse in which case the 
    driver's driving privileges shall be suspended for one 
    year;
        30. Has been convicted a second or subsequent time for 
    any combination of the offenses named in paragraph 29 of 
    this subsection, in which case the person's driving 
    privileges shall be suspended for 5 years;
        31. Has refused to submit to a test as required by 
    Section 11-501.6 of this Code or Section 5-16c of the Boat 
    Registration and Safety Act or has submitted to a test 
    resulting in an alcohol concentration of 0.08 or more or 
    any amount of a drug, substance, or compound resulting 
    from the unlawful use or consumption of cannabis as listed 
    in the Cannabis Control Act, a controlled substance as 
    listed in the Illinois Controlled Substances Act, an 
    intoxicating compound as listed in the Use of Intoxicating 
    Compounds Act, or methamphetamine as listed in the 
    Methamphetamine Control and Community Protection Act, in 
    which case the penalty shall be as prescribed in Section 
    6-208.1;
        32. Has been convicted of Section 24-1.2 of the 
    Criminal Code of 1961 or the Criminal Code of 2012 
    relating to the aggravated discharge of a firearm if the 
    offender was located in a motor vehicle at the time the 
    firearm was discharged, in which case the suspension shall 
    be for 3 years;
        33. Has as a driver, who was less than 21 years of age 
    on the date of the offense, been convicted a first time of 
    a violation of paragraph (a) of Section 11-502 of this 
    Code or a similar provision of a local ordinance;
        34. Has committed a violation of Section 11-1301.5 of 
    this Code or a similar provision of a local ordinance;
        35. Has committed a violation of Section 11-1301.6 of 
    this Code or a similar provision of a local ordinance;
        36. Is under the age of 21 years at the time of arrest 
    and has been convicted of not less than 2 offenses against 
    traffic regulations governing the movement of vehicles 
    committed within any 24-month period. No revocation or 
    suspension shall be entered more than 6 months after the 
    date of last conviction;
        37. Has committed a violation of subsection (c) of 
    Section 11-907 of this Code that resulted in damage to the 
    property of another or the death or injury of another;
        38. Has been convicted of a violation of Section 6-20 
    of the Liquor Control Act of 1934 or a similar provision of 
    a local ordinance and the person was an occupant of a motor 
    vehicle at the time of the violation;
        39. Has committed a second or subsequent violation of 
    Section 11-1201 of this Code;
        40. Has committed a violation of subsection (a-1) of 
    Section 11-908 of this Code;
        41. Has committed a second or subsequent violation of 
    Section 11-605.1 of this Code, a similar provision of a 
    local ordinance, or a similar violation in any other state 
    within 2 years of the date of the previous violation, in 
    which case the suspension shall be for 90 days;
        42. Has committed a violation of subsection (a-1) of 
    Section 11-1301.3 of this Code or a similar provision of a 
    local ordinance; 
        43. Has received a disposition of court supervision 
    for a violation of subsection (a), (d), or (e) of Section 
    6-20 of the Liquor Control Act of 1934 or a similar 
    provision of a local ordinance and the person was an 
    occupant of a motor vehicle at the time of the violation, 
    in which case the suspension shall be for a period of 3 
    months; 
        44. Is under the age of 21 years at the time of arrest 
    and has been convicted of an offense against traffic 
    regulations governing the movement of vehicles after 
    having previously had his or her driving privileges 
    suspended or revoked pursuant to subparagraph 36 of this 
    Section;
        45. Has, in connection with or during the course of a 
    formal hearing conducted under Section 2-118 of this Code: 
    (i) committed perjury; (ii) submitted fraudulent or 
    falsified documents; (iii) submitted documents that have 
    been materially altered; or (iv) submitted, as his or her 
    own, documents that were in fact prepared or composed for 
    another person;
        46. Has committed a violation of subsection (j) of 
    Section 3-413 of this Code;
        47. Has committed a violation of subsection (a) of 
    Section 11-502.1 of this Code; 
        48. Has submitted a falsified or altered medical 
    examiner's certificate to the Secretary of State or 
    provided false information to obtain a medical examiner's 
    certificate; 
        49. Has been convicted of a violation of Section 
    11-1002 or 11-1002.5 that resulted in a Type A injury to 
    another, in which case the driving privileges of the 
    person shall be suspended for 12 months; 
        50. Has committed a violation of subsection (b-5) of 
    Section 12-610.2 that resulted in great bodily harm, 
    permanent disability, or disfigurement, in which case the 
    driving privileges of the person shall be suspended for 12 
    months;
        51. Has committed a violation of Section 10-15 Of the 
    Cannabis Regulation and Tax Act or a similar provision of 
    a local ordinance while in a motor vehicle; or
        52. Has committed a violation of subsection (b) of 
    Section 10-20 of the Cannabis Regulation and Tax Act or a 
    similar provision of a local ordinance.
    For purposes of paragraphs 5, 9, 10, 12, 14, 19, 25, 26, 
and 27 of this subsection, license means any driver's license, 
any traffic ticket issued when the person's driver's license 
is deposited in lieu of bail, a suspension notice issued by the 
Secretary of State, a duplicate or corrected driver's license, 
a probationary driver's license, or a temporary driver's 
license.
    (b) If any conviction forming the basis of a suspension or 
revocation authorized under this Section is appealed, the 
Secretary of State may rescind or withhold the entry of the 
order of suspension or revocation, as the case may be, 
provided that a certified copy of a stay order of a court is 
filed with the Secretary of State. If the conviction is 
affirmed on appeal, the date of the conviction shall relate 
back to the time the original judgment of conviction was 
entered and the 6-month limitation prescribed shall not apply. 
    (c) 1. Upon suspending or revoking the driver's license or 
permit of any person as authorized in this Section, the 
Secretary of State shall immediately notify the person in 
writing of the revocation or suspension. The notice to be 
deposited in the United States mail, postage prepaid, to the 
last known address of the person.
    2. If the Secretary of State suspends the driver's license 
of a person under subsection 2 of paragraph (a) of this 
Section, a person's privilege to operate a vehicle as an 
occupation shall not be suspended, provided an affidavit is 
properly completed, the appropriate fee received, and a permit 
issued prior to the effective date of the suspension, unless 5 
offenses were committed, at least 2 of which occurred while 
operating a commercial vehicle in connection with the driver's 
regular occupation. All other driving privileges shall be 
suspended by the Secretary of State. Any driver prior to 
operating a vehicle for occupational purposes only must submit 
the affidavit on forms to be provided by the Secretary of State 
setting forth the facts of the person's occupation. The 
affidavit shall also state the number of offenses committed 
while operating a vehicle in connection with the driver's 
regular occupation. The affidavit shall be accompanied by the 
driver's license. Upon receipt of a properly completed 
affidavit, the Secretary of State shall issue the driver a 
permit to operate a vehicle in connection with the driver's 
regular occupation only. Unless the permit is issued by the 
Secretary of State prior to the date of suspension, the 
privilege to drive any motor vehicle shall be suspended as set 
forth in the notice that was mailed under this Section. If an 
affidavit is received subsequent to the effective date of this 
suspension, a permit may be issued for the remainder of the 
suspension period.
    The provisions of this subparagraph shall not apply to any 
driver required to possess a CDL for the purpose of operating a 
commercial motor vehicle.
    Any person who falsely states any fact in the affidavit 
required herein shall be guilty of perjury under Section 6-302 
and upon conviction thereof shall have all driving privileges 
revoked without further rights.
    3. At the conclusion of a hearing under Section 2-118 of 
this Code, the Secretary of State shall either rescind or 
continue an order of revocation or shall substitute an order 
of suspension; or, good cause appearing therefor, rescind, 
continue, change, or extend the order of suspension. If the 
Secretary of State does not rescind the order, the Secretary 
may upon application, to relieve undue hardship (as defined by 
the rules of the Secretary of State), issue a restricted 
driving permit granting the privilege of driving a motor 
vehicle between the petitioner's residence and petitioner's 
place of employment or within the scope of the petitioner's 
employment-related duties, or to allow the petitioner to 
transport himself or herself, or a family member of the 
petitioner's household to a medical facility, to receive 
necessary medical care, to allow the petitioner to transport 
himself or herself to and from alcohol or drug remedial or 
rehabilitative activity recommended by a licensed service 
provider, or to allow the petitioner to transport himself or 
herself or a family member of the petitioner's household to 
classes, as a student, at an accredited educational 
institution, or to allow the petitioner to transport children, 
elderly persons, or persons with disabilities who do not hold 
driving privileges and are living in the petitioner's 
household to and from daycare. The petitioner must demonstrate 
that no alternative means of transportation is reasonably 
available and that the petitioner will not endanger the public 
safety or welfare.
        (A) If a person's license or permit is revoked or 
    suspended due to 2 or more convictions of violating 
    Section 11-501 of this Code or a similar provision of a 
    local ordinance or a similar out-of-state offense, or 
    Section 9-3 of the Criminal Code of 1961 or the Criminal 
    Code of 2012, where the use of alcohol or other drugs is 
    recited as an element of the offense, or a similar 
    out-of-state offense, or a combination of these offenses, 
    arising out of separate occurrences, that person, if 
    issued a restricted driving permit, may not operate a 
    vehicle unless it has been equipped with an ignition 
    interlock device as defined in Section 1-129.1.
        (B) If a person's license or permit is revoked or 
    suspended 2 or more times due to any combination of:
            (i) a single conviction of violating Section 
        11-501 of this Code or a similar provision of a local 
        ordinance or a similar out-of-state offense or Section 
        9-3 of the Criminal Code of 1961 or the Criminal Code 
        of 2012, where the use of alcohol or other drugs is 
        recited as an element of the offense, or a similar 
        out-of-state offense; or
            (ii) a statutory summary suspension or revocation 
        under Section 11-501.1; or
            (iii) a suspension under Section 6-203.1; 
    arising out of separate occurrences; that person, if 
    issued a restricted driving permit, may not operate a 
    vehicle unless it has been equipped with an ignition 
    interlock device as defined in Section 1-129.1.
        (B-5) If a person's license or permit is revoked or 
    suspended due to a conviction for a violation of 
    subparagraph (C) or (F) of paragraph (1) of subsection (d) 
    of Section 11-501 of this Code, or a similar provision of a 
    local ordinance or similar out-of-state offense, that 
    person, if issued a restricted driving permit, may not 
    operate a vehicle unless it has been equipped with an 
    ignition interlock device as defined in Section 1-129.1. 
        (C) The person issued a permit conditioned upon the 
    use of an ignition interlock device must pay to the 
    Secretary of State DUI Administration Fund an amount not 
    to exceed $30 per month. The Secretary shall establish by 
    rule the amount and the procedures, terms, and conditions 
    relating to these fees.
        (D) If the restricted driving permit is issued for 
    employment purposes, then the prohibition against 
    operating a motor vehicle that is not equipped with an 
    ignition interlock device does not apply to the operation 
    of an occupational vehicle owned or leased by that 
    person's employer when used solely for employment 
    purposes. For any person who, within a 5-year period, is 
    convicted of a second or subsequent offense under Section 
    11-501 of this Code, or a similar provision of a local 
    ordinance or similar out-of-state offense, this employment 
    exemption does not apply until either a one-year period 
    has elapsed during which that person had his or her 
    driving privileges revoked or a one-year period has 
    elapsed during which that person had a restricted driving 
    permit which required the use of an ignition interlock 
    device on every motor vehicle owned or operated by that 
    person.
        (E) In each case the Secretary may issue a restricted 
    driving permit for a period deemed appropriate, except 
    that all permits shall expire no later than 2 years from 
    the date of issuance. A restricted driving permit issued 
    under this Section shall be subject to cancellation, 
    revocation, and suspension by the Secretary of State in 
    like manner and for like cause as a driver's license 
    issued under this Code may be cancelled, revoked, or 
    suspended; except that a conviction upon one or more 
    offenses against laws or ordinances regulating the 
    movement of traffic shall be deemed sufficient cause for 
    the revocation, suspension, or cancellation of a 
    restricted driving permit. The Secretary of State may, as 
    a condition to the issuance of a restricted driving 
    permit, require the applicant to participate in a 
    designated driver remedial or rehabilitative program. The 
    Secretary of State is authorized to cancel a restricted 
    driving permit if the permit holder does not successfully 
    complete the program.
        (F) A person subject to the provisions of paragraph 4 
    of subsection (b) of Section 6-208 of this Code may make 
    application for a restricted driving permit at a hearing 
    conducted under Section 2-118 of this Code after the 
    expiration of 5 years from the effective date of the most 
    recent revocation or after 5 years from the date of 
    release from a period of imprisonment resulting from a 
    conviction of the most recent offense, whichever is later, 
    provided the person, in addition to all other requirements 
    of the Secretary, shows by clear and convincing evidence: 
            (i) a minimum of 3 years of uninterrupted 
        abstinence from alcohol and the unlawful use or 
        consumption of cannabis under the Cannabis Control 
        Act, a controlled substance under the Illinois 
        Controlled Substances Act, an intoxicating compound 
        under the Use of Intoxicating Compounds Act, or 
        methamphetamine under the Methamphetamine Control and 
        Community Protection Act; and
            (ii) the successful completion of any 
        rehabilitative treatment and involvement in any 
        ongoing rehabilitative activity that may be 
        recommended by a properly licensed service provider 
        according to an assessment of the person's alcohol or 
        drug use under Section 11-501.01 of this Code. 
        In determining whether an applicant is eligible for a 
    restricted driving permit under this subparagraph (F), the 
    Secretary may consider any relevant evidence, including, 
    but not limited to, testimony, affidavits, records, and 
    the results of regular alcohol or drug tests. Persons 
    subject to the provisions of paragraph 4 of subsection (b) 
    of Section 6-208 of this Code and who have been convicted 
    of more than one violation of paragraph (3), paragraph 
    (4), or paragraph (5) of subsection (a) of Section 11-501 
    of this Code shall not be eligible to apply for a 
    restricted driving permit under this subparagraph (F). 
        A restricted driving permit issued under this 
    subparagraph (F) shall provide that the holder may only 
    operate motor vehicles equipped with an ignition interlock 
    device as required under paragraph (2) of subsection (c) 
    of Section 6-205 of this Code and subparagraph (A) of 
    paragraph 3 of subsection (c) of this Section. The 
    Secretary may revoke a restricted driving permit or amend 
    the conditions of a restricted driving permit issued under 
    this subparagraph (F) if the holder operates a vehicle 
    that is not equipped with an ignition interlock device, or 
    for any other reason authorized under this Code. 
        A restricted driving permit issued under this 
    subparagraph (F) shall be revoked, and the holder barred 
    from applying for or being issued a restricted driving 
    permit in the future, if the holder is convicted of a 
    violation of Section 11-501 of this Code, a similar 
    provision of a local ordinance, or a similar offense in 
    another state. 
    (c-3) In the case of a suspension under paragraph 43 of 
subsection (a), reports received by the Secretary of State 
under this Section shall, except during the actual time the 
suspension is in effect, be privileged information and for use 
only by the courts, police officers, prosecuting authorities, 
the driver licensing administrator of any other state, the 
Secretary of State, or the parent or legal guardian of a driver 
under the age of 18. However, beginning January 1, 2008, if the 
person is a CDL holder, the suspension shall also be made 
available to the driver licensing administrator of any other 
state, the U.S. Department of Transportation, and the affected 
driver or motor carrier or prospective motor carrier upon 
request. 
    (c-4) In the case of a suspension under paragraph 43 of 
subsection (a), the Secretary of State shall notify the person 
by mail that his or her driving privileges and driver's 
license will be suspended one month after the date of the 
mailing of the notice. 
    (c-5) The Secretary of State may, as a condition of the 
reissuance of a driver's license or permit to an applicant 
whose driver's license or permit has been suspended before he 
or she reached the age of 21 years pursuant to any of the 
provisions of this Section, require the applicant to 
participate in a driver remedial education course and be 
retested under Section 6-109 of this Code.
    (d) This Section is subject to the provisions of the 
Driver License Compact.
    (e) The Secretary of State shall not issue a restricted 
driving permit to a person under the age of 16 years whose 
driving privileges have been suspended or revoked under any 
provisions of this Code.
    (f) In accordance with 49 CFR 384, the Secretary of State 
may not issue a restricted driving permit for the operation of 
a commercial motor vehicle to a person holding a CDL whose 
driving privileges have been suspended, revoked, cancelled, or 
disqualified under any provisions of this Code.
(Source: P.A. 102-299, eff. 8-6-21; 102-558, eff. 8-20-21; 
102-749, eff. 1-1-23; 102-813, eff. 5-13-22; 102-982, eff. 
7-1-23; 103-154, eff. 6-30-23.)
 
    Section 15. The Juvenile Court Act of 1987 is amended by 
changing Section 1-7 as follows:
 
    (705 ILCS 405/1-7)
    Sec. 1-7. Confidentiality of juvenile law enforcement and 
municipal ordinance violation records. 
    (A) All juvenile law enforcement records which have not 
been expunged are confidential and may never be disclosed to 
the general public or otherwise made widely available. 
Juvenile law enforcement records may be obtained only under 
this Section and Section 1-8 and Part 9 of Article V of this 
Act, when their use is needed for good cause and with an order 
from the juvenile court, as required by those not authorized 
to retain them. Inspection, copying, and disclosure of 
juvenile law enforcement records maintained by law enforcement 
agencies or records of municipal ordinance violations 
maintained by any State, local, or municipal agency that 
relate to a minor who has been investigated, arrested, or 
taken into custody before the minor's 18th birthday shall be 
restricted to the following:
        (0.05) The minor who is the subject of the juvenile 
    law enforcement record, the minor's parents, guardian, and 
    counsel. 
        (0.10) Judges of the circuit court and members of the 
    staff of the court designated by the judge. 
        (0.15) An administrative adjudication hearing officer 
    or members of the staff designated to assist in the 
    administrative adjudication process. 
        (1) Any local, State, or federal law enforcement 
    officers or designated law enforcement staff of any 
    jurisdiction or agency when necessary for the discharge of 
    their official duties during the investigation or 
    prosecution of a crime or relating to a minor who has been 
    adjudicated delinquent and there has been a previous 
    finding that the act which constitutes the previous 
    offense was committed in furtherance of criminal 
    activities by a criminal street gang, or, when necessary 
    for the discharge of its official duties in connection 
    with a particular investigation of the conduct of a law 
    enforcement officer, an independent agency or its staff 
    created by ordinance and charged by a unit of local 
    government with the duty of investigating the conduct of 
    law enforcement officers. For purposes of this Section, 
    "criminal street gang" has the meaning ascribed to it in 
    Section 10 of the Illinois Streetgang Terrorism Omnibus 
    Prevention Act.
        (2) Prosecutors, public defenders, probation officers, 
    social workers, or other individuals assigned by the court 
    to conduct a pre-adjudication or pre-disposition 
    investigation, and individuals responsible for supervising 
    or providing temporary or permanent care and custody for 
    minors under the order of the juvenile court, when 
    essential to performing their responsibilities.
        (3) Federal, State, or local prosecutors, public 
    defenders, probation officers, and designated staff:
            (a) in the course of a trial when institution of 
        criminal proceedings has been permitted or required 
        under Section 5-805;
            (b) when institution of criminal proceedings has 
        been permitted or required under Section 5-805 and the 
        minor is the subject of a proceeding to determine the 
        conditions of pretrial release;
            (c) when criminal proceedings have been permitted 
        or required under Section 5-805 and the minor is the 
        subject of a pre-trial investigation, pre-sentence 
        investigation, fitness hearing, or proceedings on an 
        application for probation; or
            (d) in the course of prosecution or administrative 
        adjudication of a violation of a traffic, boating, or 
        fish and game law, or a county or municipal ordinance. 
        (4) Adult and Juvenile Prisoner Review Board.
        (5) Authorized military personnel.
        (5.5) Employees of the federal government authorized 
    by law. 
        (6) Persons engaged in bona fide research, with the 
    permission of the Presiding Judge and the chief executive 
    of the respective law enforcement agency; provided that 
    publication of such research results in no disclosure of a 
    minor's identity and protects the confidentiality of the 
    minor's record.
        (7) Department of Children and Family Services child 
    protection investigators acting in their official 
    capacity.
        (8) The appropriate school official only if the agency 
    or officer believes that there is an imminent threat of 
    physical harm to students, school personnel, or others.
            (A) Inspection and copying shall be limited to 
        juvenile law enforcement records transmitted to the 
        appropriate school official or officials whom the 
        school has determined to have a legitimate educational 
        or safety interest by a local law enforcement agency 
        under a reciprocal reporting system established and 
        maintained between the school district and the local 
        law enforcement agency under Section 10-20.14 of the 
        School Code concerning a minor enrolled in a school 
        within the school district who has been arrested or 
        taken into custody for any of the following offenses:
                (i) any violation of Article 24 of the 
            Criminal Code of 1961 or the Criminal Code of 
            2012;
                (ii) a violation of the Illinois Controlled 
            Substances Act;
                (iii) a violation of the Cannabis Control Act;
                (iv) a forcible felony as defined in Section 
            2-8 of the Criminal Code of 1961 or the Criminal 
            Code of 2012;
                (v) a violation of the Methamphetamine Control 
            and Community Protection Act; 
                (vi) a violation of Section 1-2 of the 
            Harassing and Obscene Communications Act; 
                (vii) a violation of the Hazing Act; or 
                (viii) a violation of Section 12-1, 12-2, 
            12-3, 12-3.05, 12-3.1, 12-3.2, 12-3.4, 12-3.5, 
            12-5, 12-7.3, 12-7.4, 12-7.5, 25-1, or 25-5 of the 
            Criminal Code of 1961 or the Criminal Code of 
            2012. 
            The information derived from the juvenile law 
        enforcement records shall be kept separate from and 
        shall not become a part of the official school record 
        of that child and shall not be a public record. The 
        information shall be used solely by the appropriate 
        school official or officials whom the school has 
        determined to have a legitimate educational or safety 
        interest to aid in the proper rehabilitation of the 
        child and to protect the safety of students and 
        employees in the school. If the designated law 
        enforcement and school officials deem it to be in the 
        best interest of the minor, the student may be 
        referred to in-school or community-based social 
        services if those services are available. 
        "Rehabilitation services" may include interventions by 
        school support personnel, evaluation for eligibility 
        for special education, referrals to community-based 
        agencies such as youth services, behavioral healthcare 
        service providers, drug and alcohol prevention or 
        treatment programs, and other interventions as deemed 
        appropriate for the student. 
            (B) Any information provided to appropriate school 
        officials whom the school has determined to have a 
        legitimate educational or safety interest by local law 
        enforcement officials about a minor who is the subject 
        of a current police investigation that is directly 
        related to school safety shall consist of oral 
        information only, and not written juvenile law 
        enforcement records, and shall be used solely by the 
        appropriate school official or officials to protect 
        the safety of students and employees in the school and 
        aid in the proper rehabilitation of the child. The 
        information derived orally from the local law 
        enforcement officials shall be kept separate from and 
        shall not become a part of the official school record 
        of the child and shall not be a public record. This 
        limitation on the use of information about a minor who 
        is the subject of a current police investigation shall 
        in no way limit the use of this information by 
        prosecutors in pursuing criminal charges arising out 
        of the information disclosed during a police 
        investigation of the minor. For purposes of this 
        paragraph, "investigation" means an official 
        systematic inquiry by a law enforcement agency into 
        actual or suspected criminal activity. 
        (9) Mental health professionals on behalf of the 
    Department of Corrections or the Department of Human 
    Services or prosecutors who are evaluating, prosecuting, 
    or investigating a potential or actual petition brought 
    under the Sexually Violent Persons Commitment Act relating 
    to a person who is the subject of juvenile law enforcement 
    records or the respondent to a petition brought under the 
    Sexually Violent Persons Commitment Act who is the subject 
    of the juvenile law enforcement records sought. Any 
    juvenile law enforcement records and any information 
    obtained from those juvenile law enforcement records under 
    this paragraph (9) may be used only in sexually violent 
    persons commitment proceedings.
        (10) The president of a park district. Inspection and 
    copying shall be limited to juvenile law enforcement 
    records transmitted to the president of the park district 
    by the Illinois State Police under Section 8-23 of the 
    Park District Code or Section 16a-5 of the Chicago Park 
    District Act concerning a person who is seeking employment 
    with that park district and who has been adjudicated a 
    juvenile delinquent for any of the offenses listed in 
    subsection (c) of Section 8-23 of the Park District Code 
    or subsection (c) of Section 16a-5 of the Chicago Park 
    District Act. 
        (11) Persons managing and designated to participate in 
    a court diversion program as designated in subsection (6) 
    of Section 5-105. 
        (12) The Public Access Counselor of the Office of the 
    Attorney General, when reviewing juvenile law enforcement 
    records under its powers and duties under the Freedom of 
    Information Act. 
        (13) Collection agencies, contracted or otherwise 
    engaged by a governmental entity, to collect any debts due 
    and owing to the governmental entity. 
    (B)(1) Except as provided in paragraph (2), no law 
enforcement officer or other person or agency may knowingly 
transmit to the Department of Corrections, the Illinois State 
Police, or the Federal Bureau of Investigation any fingerprint 
or photograph relating to a minor who has been arrested or 
taken into custody before the minor's 18th birthday, unless 
the court in proceedings under this Act authorizes the 
transmission or enters an order under Section 5-805 permitting 
or requiring the institution of criminal proceedings.
    (2) Law enforcement officers or other persons or agencies 
shall transmit to the Illinois State Police copies of 
fingerprints and descriptions of all minors who have been 
arrested or taken into custody before their 18th birthday for 
the offense of unlawful possession use of weapons under 
Article 24 of the Criminal Code of 1961 or the Criminal Code of 
2012, a Class X or Class 1 felony, a forcible felony as defined 
in Section 2-8 of the Criminal Code of 1961 or the Criminal 
Code of 2012, or a Class 2 or greater felony under the Cannabis 
Control Act, the Illinois Controlled Substances Act, the 
Methamphetamine Control and Community Protection Act, or 
Chapter 4 of the Illinois Vehicle Code, pursuant to Section 5 
of the Criminal Identification Act. Information reported to 
the Department pursuant to this Section may be maintained with 
records that the Department files pursuant to Section 2.1 of 
the Criminal Identification Act. Nothing in this Act prohibits 
a law enforcement agency from fingerprinting a minor taken 
into custody or arrested before the minor's 18th birthday for 
an offense other than those listed in this paragraph (2).
    (C) The records of law enforcement officers, or of an 
independent agency created by ordinance and charged by a unit 
of local government with the duty of investigating the conduct 
of law enforcement officers, concerning all minors under 18 
years of age must be maintained separate from the records of 
arrests and may not be open to public inspection or their 
contents disclosed to the public. For purposes of obtaining 
documents under this Section, a civil subpoena is not an order 
of the court.
        (1) In cases where the law enforcement, or independent 
    agency, records concern a pending juvenile court case, the 
    party seeking to inspect the records shall provide actual 
    notice to the attorney or guardian ad litem of the minor 
    whose records are sought.
        (2) In cases where the records concern a juvenile 
    court case that is no longer pending, the party seeking to 
    inspect the records shall provide actual notice to the 
    minor or the minor's parent or legal guardian, and the 
    matter shall be referred to the chief judge presiding over 
    matters pursuant to this Act.
        (3) In determining whether the records should be 
    available for inspection, the court shall consider the 
    minor's interest in confidentiality and rehabilitation 
    over the moving party's interest in obtaining the 
    information. Any records obtained in violation of this 
    subsection (C) shall not be admissible in any criminal or 
    civil proceeding, or operate to disqualify a minor from 
    subsequently holding public office or securing employment, 
    or operate as a forfeiture of any public benefit, right, 
    privilege, or right to receive any license granted by 
    public authority. 
    (D) Nothing contained in subsection (C) of this Section 
shall prohibit the inspection or disclosure to victims and 
witnesses of photographs contained in the records of law 
enforcement agencies when the inspection and disclosure is 
conducted in the presence of a law enforcement officer for the 
purpose of the identification or apprehension of any person 
subject to the provisions of this Act or for the investigation 
or prosecution of any crime.
    (E) Law enforcement officers, and personnel of an 
independent agency created by ordinance and charged by a unit 
of local government with the duty of investigating the conduct 
of law enforcement officers, may not disclose the identity of 
any minor in releasing information to the general public as to 
the arrest, investigation or disposition of any case involving 
a minor.
    (F) Nothing contained in this Section shall prohibit law 
enforcement agencies from communicating with each other by 
letter, memorandum, teletype, or intelligence alert bulletin 
or other means the identity or other relevant information 
pertaining to a person under 18 years of age if there are 
reasonable grounds to believe that the person poses a real and 
present danger to the safety of the public or law enforcement 
officers. The information provided under this subsection (F) 
shall remain confidential and shall not be publicly disclosed, 
except as otherwise allowed by law.
    (G) Nothing in this Section shall prohibit the right of a 
Civil Service Commission or appointing authority of any 
federal government, state, county or municipality examining 
the character and fitness of an applicant for employment with 
a law enforcement agency, correctional institution, or fire 
department from obtaining and examining the records of any law 
enforcement agency relating to any record of the applicant 
having been arrested or taken into custody before the 
applicant's 18th birthday.
    (G-5) Information identifying victims and alleged victims 
of sex offenses shall not be disclosed or open to the public 
under any circumstances. Nothing in this Section shall 
prohibit the victim or alleged victim of any sex offense from 
voluntarily disclosing this identity. 
    (H) The changes made to this Section by Public Act 98-61 
apply to law enforcement records of a minor who has been 
arrested or taken into custody on or after January 1, 2014 (the 
effective date of Public Act 98-61). 
    (H-5) Nothing in this Section shall require any court or 
adjudicative proceeding for traffic, boating, fish and game 
law, or municipal and county ordinance violations to be closed 
to the public. 
    (I) Willful violation of this Section is a Class C 
misdemeanor and each violation is subject to a fine of $1,000. 
This subsection (I) shall not apply to the person who is the 
subject of the record.
    (J) A person convicted of violating this Section is liable 
for damages in the amount of $1,000 or actual damages, 
whichever is greater. 
(Source: P.A. 102-538, eff. 8-20-21; 102-752, eff. 1-1-23; 
102-813, eff. 5-13-22; 103-22, eff. 8-8-23.)
 
    Section 20. The Criminal Code of 2012 is amended by 
changing Sections 2-13, 8-2, 24-1, 24-1.1, 24-1.6, 24-1.7, 
24-2.1, 24-3.6, and 36-1 as follows:
 
    (720 ILCS 5/2-13)  (from Ch. 38, par. 2-13)
    Sec. 2-13. "Peace officer". "Peace officer" means (i) any 
person who by virtue of his office or public employment is 
vested by law with a duty to maintain public order or to make 
arrests for offenses, whether that duty extends to all 
offenses or is limited to specific offenses, or (ii) any 
person who, by statute, is granted and authorized to exercise 
powers similar to those conferred upon any peace officer 
employed by a law enforcement agency of this State.
    For purposes of Sections concerning unlawful possession 
use of weapons, for the purposes of assisting an Illinois 
peace officer in an arrest, or when the commission of any 
offense under Illinois law is directly observed by the person, 
and statutes involving the false personation of a peace 
officer, false personation of a peace officer while carrying a 
deadly weapon, false personation of a peace officer in 
attempting or committing a felony, and false personation of a 
peace officer in attempting or committing a forcible felony, 
then officers, agents, or employees of the federal government 
commissioned by federal statute to make arrests for violations 
of federal criminal laws shall be considered "peace officers" 
under this Code, including, but not limited to, all criminal 
investigators of:
        (1) the United States Department of Justice, the 
    Federal Bureau of Investigation, and the Drug Enforcement 
    Administration and all United States Marshals or Deputy 
    United States Marshals whose duties involve the 
    enforcement of federal criminal laws;
        (1.5) the United States Department of Homeland 
    Security, United States Citizenship and Immigration 
    Services, United States Coast Guard, United States Customs 
    and Border Protection, and United States Immigration and 
    Customs Enforcement; 
        (2) the United States Department of the Treasury, the 
    Alcohol and Tobacco Tax and Trade Bureau, and the United 
    States Secret Service;
        (3) the United States Internal Revenue Service;
        (4) the United States General Services Administration;
        (5) the United States Postal Service;
        (6) (blank); and
        (7) the United States Department of Defense. 
(Source: P.A. 102-558, eff. 8-20-21.)
 
    (720 ILCS 5/8-2)  (from Ch. 38, par. 8-2)
    Sec. 8-2. Conspiracy. 
    (a) Elements of the offense. A person commits the offense 
of conspiracy when, with intent that an offense be committed, 
he or she agrees with another to the commission of that 
offense. No person may be convicted of conspiracy to commit an 
offense unless an act in furtherance of that agreement is 
alleged and proved to have been committed by him or her or by a 
co-conspirator.
    (b) Co-conspirators. It is not a defense to conspiracy 
that the person or persons with whom the accused is alleged to 
have conspired:
        (1) have not been prosecuted or convicted,
        (2) have been convicted of a different offense,
        (3) are not amenable to justice,
        (4) have been acquitted, or
        (5) lacked the capacity to commit an offense.
    (c) Sentence.
        (1) Except as otherwise provided in this subsection or 
    Code, a person convicted of conspiracy to commit:
            (A) a Class X felony shall be sentenced for a Class 
        1 felony;
            (B) a Class 1 felony shall be sentenced for a Class 
        2 felony;
            (C) a Class 2 felony shall be sentenced for a Class 
        3 felony;
            (D) a Class 3 felony shall be sentenced for a Class 
        4 felony;
            (E) a Class 4 felony shall be sentenced for a Class 
        4 felony; and 
            (F) a misdemeanor may be fined or imprisoned or 
        both not to exceed the maximum provided for the 
        offense that is the object of the conspiracy.
        (2) A person convicted of conspiracy to commit any of 
    the following offenses shall be sentenced for a Class X 
    felony:
            (A) aggravated insurance fraud conspiracy when the 
        person is an organizer of the conspiracy (720 ILCS 
        5/46-4); or
            (B) aggravated governmental entity insurance fraud 
        conspiracy when the person is an organizer of the 
        conspiracy (720 ILCS 5/46-4).
        (3) A person convicted of conspiracy to commit any of 
    the following offenses shall be sentenced for a Class 1 
    felony:
            (A) first degree murder (720 ILCS 5/9-1); or
            (B) aggravated insurance fraud (720 ILCS 5/46-3) 
        or aggravated governmental insurance fraud (720 ILCS 
        5/46-3).
        (4) A person convicted of conspiracy to commit 
    insurance fraud (720 ILCS 5/46-3) or governmental entity 
    insurance fraud (720 ILCS 5/46-3) shall be sentenced for a 
    Class 2 felony.
        (5) A person convicted of conspiracy to commit any of 
    the following offenses shall be sentenced for a Class 3 
    felony:
            (A) soliciting for a prostitute (720 ILCS 
        5/11-14.3(a)(1));
            (B) pandering (720 ILCS 5/11-14.3(a)(2)(A) or 
        5/11-14.3(a)(2)(B));
            (C) keeping a place of prostitution (720 ILCS 
        5/11-14.3(a)(1));
            (D) pimping (720 ILCS 5/11-14.3(a)(2)(C));
            (E) unlawful possession use of weapons under 
        Section 24-1(a)(1) (720 ILCS 5/24-1(a)(1));
            (F) unlawful possession use of weapons under 
        Section 24-1(a)(7) (720 ILCS 5/24-1(a)(7));
            (G) gambling (720 ILCS 5/28-1);
            (H) keeping a gambling place (720 ILCS 5/28-3);
            (I) registration of federal gambling stamps 
        violation (720 ILCS 5/28-4);
            (J) look-alike substances violation (720 ILCS 
        570/404);
            (K) miscellaneous controlled substance violation 
        under Section 406(b) (720 ILCS 570/406(b)); or
            (L) an inchoate offense related to any of the 
        principal offenses set forth in this item (5). 
(Source: P.A. 96-710, eff. 1-1-10; 96-1551, eff. 7-1-11.)
 
    (720 ILCS 5/24-1)  (from Ch. 38, par. 24-1)
    Sec. 24-1. Unlawful possession use of weapons. 
    (a) A person commits the offense of unlawful possession 
use of weapons when he knowingly:
        (1) Sells, manufactures, purchases, possesses or 
    carries any bludgeon, black-jack, slung-shot, sand-club, 
    sand-bag, metal knuckles or other knuckle weapon 
    regardless of its composition, throwing star, or any 
    knife, commonly referred to as a switchblade knife, which 
    has a blade that opens automatically by hand pressure 
    applied to a button, spring or other device in the handle 
    of the knife, or a ballistic knife, which is a device that 
    propels a knifelike blade as a projectile by means of a 
    coil spring, elastic material or compressed gas; or
        (2) Carries or possesses with intent to use the same 
    unlawfully against another, a dagger, dirk, billy, 
    dangerous knife, razor, stiletto, broken bottle or other 
    piece of glass, stun gun or taser or any other dangerous or 
    deadly weapon or instrument of like character; or
        (2.5) Carries or possesses with intent to use the same 
    unlawfully against another, any firearm in a church, 
    synagogue, mosque, or other building, structure, or place 
    used for religious worship; or 
        (3) Carries on or about his person or in any vehicle, a 
    tear gas gun projector or bomb or any object containing 
    noxious liquid gas or substance, other than an object 
    containing a non-lethal noxious liquid gas or substance 
    designed solely for personal defense carried by a person 
    18 years of age or older; or
        (4) Carries or possesses in any vehicle or concealed 
    on or about his person except when on his land or in his 
    own abode, legal dwelling, or fixed place of business, or 
    on the land or in the legal dwelling of another person as 
    an invitee with that person's permission, any pistol, 
    revolver, stun gun or taser or other firearm, except that 
    this subsection (a)(4) does not apply to or affect 
    transportation of weapons that meet one of the following 
    conditions:
            (i) are broken down in a non-functioning state; or
            (ii) are not immediately accessible; or
            (iii) are unloaded and enclosed in a case, firearm 
        carrying box, shipping box, or other container by a 
        person who has been issued a currently valid Firearm 
        Owner's Identification Card; or
            (iv) are carried or possessed in accordance with 
        the Firearm Concealed Carry Act by a person who has 
        been issued a currently valid license under the 
        Firearm Concealed Carry Act; or 
        (5) Sets a spring gun; or
        (6) Possesses any device or attachment of any kind 
    designed, used or intended for use in silencing the report 
    of any firearm; or
        (7) Sells, manufactures, purchases, possesses or 
    carries:
            (i) a machine gun, which shall be defined for the 
        purposes of this subsection as any weapon, which 
        shoots, is designed to shoot, or can be readily 
        restored to shoot, automatically more than one shot 
        without manually reloading by a single function of the 
        trigger, including the frame or receiver of any such 
        weapon, or sells, manufactures, purchases, possesses, 
        or carries any combination of parts designed or 
        intended for use in converting any weapon into a 
        machine gun, or any combination or parts from which a 
        machine gun can be assembled if such parts are in the 
        possession or under the control of a person;
            (ii) any rifle having one or more barrels less 
        than 16 inches in length or a shotgun having one or 
        more barrels less than 18 inches in length or any 
        weapon made from a rifle or shotgun, whether by 
        alteration, modification, or otherwise, if such a 
        weapon as modified has an overall length of less than 
        26 inches; or
            (iii) any bomb, bomb-shell, grenade, bottle or 
        other container containing an explosive substance of 
        over one-quarter ounce for like purposes, such as, but 
        not limited to, black powder bombs and Molotov 
        cocktails or artillery projectiles; or
        (8) Carries or possesses any firearm, stun gun or 
    taser or other deadly weapon in any place which is 
    licensed to sell intoxicating beverages, or at any public 
    gathering held pursuant to a license issued by any 
    governmental body or any public gathering at which an 
    admission is charged, excluding a place where a showing, 
    demonstration or lecture involving the exhibition of 
    unloaded firearms is conducted.
        This subsection (a)(8) does not apply to any auction 
    or raffle of a firearm held pursuant to a license or permit 
    issued by a governmental body, nor does it apply to 
    persons engaged in firearm safety training courses; or
        (9) Carries or possesses in a vehicle or on or about 
    his or her person any pistol, revolver, stun gun or taser 
    or firearm or ballistic knife, when he or she is hooded, 
    robed or masked in such manner as to conceal his or her 
    identity; or
        (10) Carries or possesses on or about his or her 
    person, upon any public street, alley, or other public 
    lands within the corporate limits of a city, village, or 
    incorporated town, except when an invitee thereon or 
    therein, for the purpose of the display of such weapon or 
    the lawful commerce in weapons, or except when on his land 
    or in his or her own abode, legal dwelling, or fixed place 
    of business, or on the land or in the legal dwelling of 
    another person as an invitee with that person's 
    permission, any pistol, revolver, stun gun, or taser or 
    other firearm, except that this subsection (a)(10) does 
    not apply to or affect transportation of weapons that meet 
    one of the following conditions:
            (i) are broken down in a non-functioning state; or
            (ii) are not immediately accessible; or
            (iii) are unloaded and enclosed in a case, firearm 
        carrying box, shipping box, or other container by a 
        person who has been issued a currently valid Firearm 
        Owner's Identification Card; or
            (iv) are carried or possessed in accordance with 
        the Firearm Concealed Carry Act by a person who has 
        been issued a currently valid license under the 
        Firearm Concealed Carry Act. 
        A "stun gun or taser", as used in this paragraph (a) 
    means (i) any device which is powered by electrical 
    charging units, such as, batteries, and which fires one or 
    several barbs attached to a length of wire and which, upon 
    hitting a human, can send out a current capable of 
    disrupting the person's nervous system in such a manner as 
    to render him incapable of normal functioning or (ii) any 
    device which is powered by electrical charging units, such 
    as batteries, and which, upon contact with a human or 
    clothing worn by a human, can send out current capable of 
    disrupting the person's nervous system in such a manner as 
    to render him incapable of normal functioning; or
        (11) Sells, manufactures, delivers, imports, 
    possesses, or purchases any assault weapon attachment or 
    .50 caliber cartridge in violation of Section 24-1.9 or 
    any explosive bullet. For purposes of this paragraph (a) 
    "explosive bullet" means the projectile portion of an 
    ammunition cartridge which contains or carries an 
    explosive charge which will explode upon contact with the 
    flesh of a human or an animal. "Cartridge" means a tubular 
    metal case having a projectile affixed at the front 
    thereof and a cap or primer at the rear end thereof, with 
    the propellant contained in such tube between the 
    projectile and the cap; or
        (12) (Blank); or
        (13) Carries or possesses on or about his or her 
    person while in a building occupied by a unit of 
    government, a billy club, other weapon of like character, 
    or other instrument of like character intended for use as 
    a weapon. For the purposes of this Section, "billy club" 
    means a short stick or club commonly carried by police 
    officers which is either telescopic or constructed of a 
    solid piece of wood or other man-made material; or
        (14) Manufactures, possesses, sells, or offers to 
    sell, purchase, manufacture, import, transfer, or use any 
    device, part, kit, tool, accessory, or combination of 
    parts that is designed to and functions to increase the 
    rate of fire of a semiautomatic firearm above the standard 
    rate of fire for semiautomatic firearms that is not 
    equipped with that device, part, or combination of parts; 
    or
        (15) Carries or possesses any assault weapon or .50 
    caliber rifle in violation of Section 24-1.9; or
        (16) Manufactures, sells, delivers, imports, or 
    purchases any assault weapon or .50 caliber rifle in 
    violation of Section 24-1.9. 
    (b) Sentence. A person convicted of a violation of 
subsection 24-1(a)(1) through (5), subsection 24-1(a)(10), 
subsection 24-1(a)(11), subsection 24-1(a)(13), or 24-1(a)(15) 
commits a Class A misdemeanor. A person convicted of a 
violation of subsection 24-1(a)(8) or 24-1(a)(9) commits a 
Class 4 felony; a person convicted of a violation of 
subsection 24-1(a)(6), 24-1(a)(7)(ii), 24-1(a)(7)(iii), or 
24-1(a)(16) commits a Class 3 felony. A person convicted of a 
violation of subsection 24-1(a)(7)(i) commits a Class 2 felony 
and shall be sentenced to a term of imprisonment of not less 
than 3 years and not more than 7 years, unless the weapon is 
possessed in the passenger compartment of a motor vehicle as 
defined in Section 1-146 of the Illinois Vehicle Code, or on 
the person, while the weapon is loaded, in which case it shall 
be a Class X felony. A person convicted of a second or 
subsequent violation of subsection 24-1(a)(4), 24-1(a)(8), 
24-1(a)(9), 24-1(a)(10), or 24-1(a)(15) commits a Class 3 
felony. A person convicted of a violation of subsection 
24-1(a)(2.5) or 24-1(a)(14) commits a Class 2 felony. The 
possession of each weapon or device in violation of this 
Section constitutes a single and separate violation.
    (c) Violations in specific places.
        (1) A person who violates subsection 24-1(a)(6) or 
    24-1(a)(7) in any school, regardless of the time of day or 
    the time of year, in residential property owned, operated 
    or managed by a public housing agency or leased by a public 
    housing agency as part of a scattered site or mixed-income 
    development, in a public park, in a courthouse, on the 
    real property comprising any school, regardless of the 
    time of day or the time of year, on residential property 
    owned, operated or managed by a public housing agency or 
    leased by a public housing agency as part of a scattered 
    site or mixed-income development, on the real property 
    comprising any public park, on the real property 
    comprising any courthouse, in any conveyance owned, leased 
    or contracted by a school to transport students to or from 
    school or a school related activity, in any conveyance 
    owned, leased, or contracted by a public transportation 
    agency, or on any public way within 1,000 feet of the real 
    property comprising any school, public park, courthouse, 
    public transportation facility, or residential property 
    owned, operated, or managed by a public housing agency or 
    leased by a public housing agency as part of a scattered 
    site or mixed-income development commits a Class 2 felony 
    and shall be sentenced to a term of imprisonment of not 
    less than 3 years and not more than 7 years.
        (1.5) A person who violates subsection 24-1(a)(4), 
    24-1(a)(9), or 24-1(a)(10) in any school, regardless of 
    the time of day or the time of year, in residential 
    property owned, operated, or managed by a public housing 
    agency or leased by a public housing agency as part of a 
    scattered site or mixed-income development, in a public 
    park, in a courthouse, on the real property comprising any 
    school, regardless of the time of day or the time of year, 
    on residential property owned, operated, or managed by a 
    public housing agency or leased by a public housing agency 
    as part of a scattered site or mixed-income development, 
    on the real property comprising any public park, on the 
    real property comprising any courthouse, in any conveyance 
    owned, leased, or contracted by a school to transport 
    students to or from school or a school related activity, 
    in any conveyance owned, leased, or contracted by a public 
    transportation agency, or on any public way within 1,000 
    feet of the real property comprising any school, public 
    park, courthouse, public transportation facility, or 
    residential property owned, operated, or managed by a 
    public housing agency or leased by a public housing agency 
    as part of a scattered site or mixed-income development 
    commits a Class 3 felony.
        (2) A person who violates subsection 24-1(a)(1), 
    24-1(a)(2), or 24-1(a)(3) in any school, regardless of the 
    time of day or the time of year, in residential property 
    owned, operated or managed by a public housing agency or 
    leased by a public housing agency as part of a scattered 
    site or mixed-income development, in a public park, in a 
    courthouse, on the real property comprising any school, 
    regardless of the time of day or the time of year, on 
    residential property owned, operated or managed by a 
    public housing agency or leased by a public housing agency 
    as part of a scattered site or mixed-income development, 
    on the real property comprising any public park, on the 
    real property comprising any courthouse, in any conveyance 
    owned, leased or contracted by a school to transport 
    students to or from school or a school related activity, 
    in any conveyance owned, leased, or contracted by a public 
    transportation agency, or on any public way within 1,000 
    feet of the real property comprising any school, public 
    park, courthouse, public transportation facility, or 
    residential property owned, operated, or managed by a 
    public housing agency or leased by a public housing agency 
    as part of a scattered site or mixed-income development 
    commits a Class 4 felony. "Courthouse" means any building 
    that is used by the Circuit, Appellate, or Supreme Court 
    of this State for the conduct of official business.
        (3) Paragraphs (1), (1.5), and (2) of this subsection 
    (c) shall not apply to law enforcement officers or 
    security officers of such school, college, or university 
    or to students carrying or possessing firearms for use in 
    training courses, parades, hunting, target shooting on 
    school ranges, or otherwise with the consent of school 
    authorities and which firearms are transported unloaded 
    enclosed in a suitable case, box, or transportation 
    package.
        (4) For the purposes of this subsection (c), "school" 
    means any public or private elementary or secondary 
    school, community college, college, or university.
        (5) For the purposes of this subsection (c), "public 
    transportation agency" means a public or private agency 
    that provides for the transportation or conveyance of 
    persons by means available to the general public, except 
    for transportation by automobiles not used for conveyance 
    of the general public as passengers; and "public 
    transportation facility" means a terminal or other place 
    where one may obtain public transportation. 
    (d) The presence in an automobile other than a public 
omnibus of any weapon, instrument or substance referred to in 
subsection (a)(7) is prima facie evidence that it is in the 
possession of, and is being carried by, all persons occupying 
such automobile at the time such weapon, instrument or 
substance is found, except under the following circumstances: 
(i) if such weapon, instrument or instrumentality is found 
upon the person of one of the occupants therein; or (ii) if 
such weapon, instrument or substance is found in an automobile 
operated for hire by a duly licensed driver in the due, lawful 
and proper pursuit of his or her trade, then such presumption 
shall not apply to the driver.
    (e) Exemptions.
        (1) Crossbows, Common or Compound bows and Underwater 
    Spearguns are exempted from the definition of ballistic 
    knife as defined in paragraph (1) of subsection (a) of 
    this Section.
        (2) The provision of paragraph (1) of subsection (a) 
    of this Section prohibiting the sale, manufacture, 
    purchase, possession, or carrying of any knife, commonly 
    referred to as a switchblade knife, which has a blade that 
    opens automatically by hand pressure applied to a button, 
    spring or other device in the handle of the knife, does not 
    apply to a person who possesses a currently valid Firearm 
    Owner's Identification Card previously issued in his or 
    her name by the Illinois State Police or to a person or an 
    entity engaged in the business of selling or manufacturing 
    switchblade knives. 
(Source: P.A. 101-223, eff. 1-1-20; 102-538, eff. 8-20-21; 
102-1116, eff. 1-10-23.)
 
    (720 ILCS 5/24-1.1)  (from Ch. 38, par. 24-1.1)
    Sec. 24-1.1. Unlawful use or possession of weapons by 
felons or persons in the custody of the Department of 
Corrections facilities.
    (a) It is unlawful for a person to knowingly possess on or 
about his person or on his land or in his own abode or fixed 
place of business any weapon prohibited under Section 24-1 of 
this Act or any firearm or any firearm ammunition if the person 
has been convicted of a felony under the laws of this State or 
any other jurisdiction. This Section shall not apply if the 
person has been granted relief by the Director of the Illinois 
State Police under Section 10 of the Firearm Owners 
Identification Card Act.
    (b) It is unlawful for any person confined in a penal 
institution, which is a facility of the Illinois Department of 
Corrections, to possess any weapon prohibited under Section 
24-1 of this Code or any firearm or firearm ammunition, 
regardless of the intent with which he possesses it.
    (c) It shall be an affirmative defense to a violation of 
subsection (b), that such possession was specifically 
authorized by rule, regulation, or directive of the Illinois 
Department of Corrections or order issued pursuant thereto.
    (d) The defense of necessity is not available to a person 
who is charged with a violation of subsection (b) of this 
Section.
    (e) Sentence. Violation of this Section by a person not 
confined in a penal institution shall be a Class 3 felony for 
which the person shall be sentenced to no less than 2 years and 
no more than 10 years. A second or subsequent violation of this 
Section shall be a Class 2 felony for which the person shall be 
sentenced to a term of imprisonment of not less than 3 years 
and not more than 14 years, except as provided for in Section 
5-4.5-110 of the Unified Code of Corrections. Violation of 
this Section by a person not confined in a penal institution 
who has been convicted of a forcible felony, a felony 
violation of Article 24 of this Code or of the Firearm Owners 
Identification Card Act, stalking or aggravated stalking, or a 
Class 2 or greater felony under the Illinois Controlled 
Substances Act, the Cannabis Control Act, or the 
Methamphetamine Control and Community Protection Act is a 
Class 2 felony for which the person shall be sentenced to not 
less than 3 years and not more than 14 years, except as 
provided for in Section 5-4.5-110 of the Unified Code of 
Corrections. Violation of this Section by a person who is on 
parole or mandatory supervised release is a Class 2 felony for 
which the person shall be sentenced to not less than 3 years 
and not more than 14 years, except as provided for in Section 
5-4.5-110 of the Unified Code of Corrections. Violation of 
this Section by a person not confined in a penal institution is 
a Class X felony when the firearm possessed is a machine gun. 
Any person who violates this Section while confined in a penal 
institution, which is a facility of the Illinois Department of 
Corrections, is guilty of a Class 1 felony, if he possesses any 
weapon prohibited under Section 24-1 of this Code regardless 
of the intent with which he possesses it, a Class X felony if 
he possesses any firearm, firearm ammunition or explosive, and 
a Class X felony for which the offender shall be sentenced to 
not less than 12 years and not more than 50 years when the 
firearm possessed is a machine gun. A violation of this 
Section while wearing or in possession of body armor as 
defined in Section 33F-1 is a Class X felony punishable by a 
term of imprisonment of not less than 10 years and not more 
than 40 years. The possession of each firearm or firearm 
ammunition in violation of this Section constitutes a single 
and separate violation.
(Source: P.A. 102-538, eff. 8-20-21.)
 
    (720 ILCS 5/24-1.6)
    Sec. 24-1.6. Aggravated unlawful possession use of a 
weapon. 
    (a) A person commits the offense of aggravated unlawful 
possession use of a weapon when he or she knowingly:
        (1) Carries on or about his or her person or in any 
    vehicle or concealed on or about his or her person except 
    when on his or her land or in his or her abode, legal 
    dwelling, or fixed place of business, or on the land or in 
    the legal dwelling of another person as an invitee with 
    that person's permission, any pistol, revolver, stun gun 
    or taser or other firearm; or
        (2) Carries or possesses on or about his or her 
    person, upon any public street, alley, or other public 
    lands within the corporate limits of a city, village or 
    incorporated town, except when an invitee thereon or 
    therein, for the purpose of the display of such weapon or 
    the lawful commerce in weapons, or except when on his or 
    her own land or in his or her own abode, legal dwelling, or 
    fixed place of business, or on the land or in the legal 
    dwelling of another person as an invitee with that 
    person's permission, any pistol, revolver, stun gun or 
    taser or other firearm; and
        (3) One of the following factors is present:
            (A) the firearm, other than a pistol, revolver, or 
        handgun, possessed was uncased, loaded, and 
        immediately accessible at the time of the offense; or
            (A-5) the pistol, revolver, or handgun possessed 
        was uncased, loaded, and immediately accessible at the 
        time of the offense and the person possessing the 
        pistol, revolver, or handgun has not been issued a 
        currently valid license under the Firearm Concealed 
        Carry Act; or 
            (B) the firearm, other than a pistol, revolver, or 
        handgun, possessed was uncased, unloaded, and the 
        ammunition for the weapon was immediately accessible 
        at the time of the offense; or
            (B-5) the pistol, revolver, or handgun possessed 
        was uncased, unloaded, and the ammunition for the 
        weapon was immediately accessible at the time of the 
        offense and the person possessing the pistol, 
        revolver, or handgun has not been issued a currently 
        valid license under the Firearm Concealed Carry Act; 
        or 
            (C) the person possessing the firearm has not been 
        issued a currently valid Firearm Owner's 
        Identification Card; or
            (D) the person possessing the weapon was 
        previously adjudicated a delinquent minor under the 
        Juvenile Court Act of 1987 for an act that if committed 
        by an adult would be a felony; or
            (E) the person possessing the weapon was engaged 
        in a misdemeanor violation of the Cannabis Control 
        Act, in a misdemeanor violation of the Illinois 
        Controlled Substances Act, or in a misdemeanor 
        violation of the Methamphetamine Control and Community 
        Protection Act; or
            (F) (blank); or
            (G) the person possessing the weapon had an order 
        of protection issued against him or her within the 
        previous 2 years; or
            (H) the person possessing the weapon was engaged 
        in the commission or attempted commission of a 
        misdemeanor involving the use or threat of violence 
        against the person or property of another; or
            (I) the person possessing the weapon was under 21 
        years of age and in possession of a handgun, unless the 
        person under 21 is engaged in lawful activities under 
        the Wildlife Code or described in subsection 
        24-2(b)(1), (b)(3), or 24-2(f).
    (a-5) "Handgun" as used in this Section has the meaning 
given to it in Section 5 of the Firearm Concealed Carry Act. 
    (b) "Stun gun or taser" as used in this Section has the 
same definition given to it in Section 24-1 of this Code.
    (c) This Section does not apply to or affect the 
transportation or possession of weapons that:
        (i) are broken down in a non-functioning state; or
        (ii) are not immediately accessible; or
        (iii) are unloaded and enclosed in a case, firearm 
    carrying box, shipping box, or other container by a person 
    who has been issued a currently valid Firearm Owner's 
    Identification Card.
    (d) Sentence.
        (1) Aggravated unlawful possession use of a weapon is 
    a Class 4 felony; a second or subsequent offense is a Class 
    2 felony for which the person shall be sentenced to a term 
    of imprisonment of not less than 3 years and not more than 
    7 years, except as provided for in Section 5-4.5-110 of 
    the Unified Code of Corrections. 
        (2) Except as otherwise provided in paragraphs (3) and 
    (4) of this subsection (d), a first offense of aggravated 
    unlawful possession use of a weapon committed with a 
    firearm by a person 18 years of age or older where the 
    factors listed in both items (A) and (C) or both items 
    (A-5) and (C) of paragraph (3) of subsection (a) are 
    present is a Class 4 felony, for which the person shall be 
    sentenced to a term of imprisonment of not less than one 
    year and not more than 3 years.
        (3) Aggravated unlawful possession use of a weapon by 
    a person who has been previously convicted of a felony in 
    this State or another jurisdiction is a Class 2 felony for 
    which the person shall be sentenced to a term of 
    imprisonment of not less than 3 years and not more than 7 
    years, except as provided for in Section 5-4.5-110 of the 
    Unified Code of Corrections. 
        (4) Aggravated unlawful possession use of a weapon 
    while wearing or in possession of body armor as defined in 
    Section 33F-1 by a person who has not been issued a valid 
    Firearms Owner's Identification Card in accordance with 
    Section 5 of the Firearm Owners Identification Card Act is 
    a Class X felony. 
    (e) The possession of each firearm in violation of this 
Section constitutes a single and separate violation.
(Source: P.A. 100-3, eff. 1-1-18; 100-201, eff. 8-18-17.)
 
    (720 ILCS 5/24-1.7)
    Sec. 24-1.7. Unlawful possession of a firearm by a repeat 
felony offender Armed habitual criminal.
    (a) A person commits the offense of unlawful possession of 
a firearm by a repeat felony offender being an armed habitual 
criminal if he or she receives, sells, possesses, or transfers 
any firearm after having been convicted a total of 2 or more 
times of any combination of the following offenses:
        (1) a forcible felony as defined in Section 2-8 of 
    this Code;
        (2) unlawful possession use of a weapon by a felon; 
    aggravated unlawful possession use of a weapon; aggravated 
    discharge of a firearm; vehicular hijacking; aggravated 
    vehicular hijacking; aggravated battery of a child as 
    described in Section 12-4.3 or subdivision (b)(1) of 
    Section 12-3.05; intimidation; aggravated intimidation; 
    gunrunning; home invasion; or aggravated battery with a 
    firearm as described in Section 12-4.2 or subdivision 
    (e)(1), (e)(2), (e)(3), or (e)(4) of Section 12-3.05; or
        (3) any violation of the Illinois Controlled 
    Substances Act or the Cannabis Control Act that is 
    punishable as a Class 3 felony or higher.
    (b) Sentence. Unlawful possession of a firearm by a repeat 
felony offender Being an armed habitual criminal is a Class X 
felony.
(Source: P.A. 96-1551, eff. 7-1-11.)
 
    (720 ILCS 5/24-2.1)  (from Ch. 38, par. 24-2.1)
    Sec. 24-2.1. Unlawful possession use of firearm 
projectiles. 
    (a) A person commits the offense of unlawful possession 
use of firearm projectiles when he or she knowingly 
manufactures, sells, purchases, possesses, or carries any 
armor piercing bullet, dragon's breath shotgun shell, bolo 
shell, or flechette shell.
    For the purposes of this Section:
    "Armor piercing bullet" means any handgun bullet or 
handgun ammunition with projectiles or projectile cores 
constructed entirely (excluding the presence of traces of 
other substances) from tungsten alloys, steel, iron, brass, 
bronze, beryllium copper or depleted uranium, or fully 
jacketed bullets larger than 22 caliber designed and intended 
for use in a handgun and whose jacket has a weight of more than 
25% of the total weight of the projectile, and excluding those 
handgun projectiles whose cores are composed of soft materials 
such as lead or lead alloys, zinc or zinc alloys, frangible 
projectiles designed primarily for sporting purposes, and any 
other projectiles or projectile cores that the U. S. Secretary 
of the Treasury finds to be primarily intended to be used for 
sporting purposes or industrial purposes or that otherwise 
does not constitute "armor piercing ammunition" as that term 
is defined by federal law.
    The definition contained herein shall not be construed to 
include shotgun shells.
    "Dragon's breath shotgun shell" means any shotgun shell 
that contains exothermic pyrophoric mesh metal as the 
projectile and is designed for the purpose of throwing or 
spewing a flame or fireball to simulate a flame-thrower.
    "Bolo shell" means any shell that can be fired in a firearm 
and expels as projectiles 2 or more metal balls connected by 
solid metal wire.
    "Flechette shell" means any shell that can be fired in a 
firearm and expels 2 or more pieces of fin-stabilized solid 
metal wire or 2 or more solid dart-type projectiles.
    (b) Exemptions. This Section does not apply to or affect 
any of the following: 
        (1) Peace officers. 
        (2) Wardens, superintendents and keepers of prisons, 
    penitentiaries, jails and other institutions for the 
    detention of persons accused or convicted of an offense. 
        (3) Members of the Armed Services or Reserve Forces of 
    the United States or the Illinois National Guard while in 
    the performance of their official duties. 
        (4) Federal officials required to carry firearms, 
    while engaged in the performance of their official duties. 
        (5) United States Marshals, while engaged in the 
    performance of their official duties. 
        (6) Persons licensed under federal law to manufacture, 
    import, or sell firearms and firearm ammunition, and 
    actually engaged in any such business, but only with 
    respect to activities which are within the lawful scope of 
    such business, such as the manufacture, transportation, or 
    testing of such bullets or ammunition. 
        This exemption does not authorize the general private 
    possession of any armor piercing bullet, dragon's breath 
    shotgun shell, bolo shell, or flechette shell, but only 
    such possession and activities which are within the lawful 
    scope of a licensed business described in this paragraph. 
        (7) Laboratories having a department of forensic 
    ballistics or specializing in the development of 
    ammunition or explosive ordnance. 
        (8) Manufacture, transportation, or sale of armor 
    piercing bullets, dragon's breath shotgun shells, bolo 
    shells, or flechette shells to persons specifically 
    authorized under paragraphs (1) through (7) of this 
    subsection to possess such bullets or shells.
    (c) An information or indictment based upon a violation of 
this Section need not negate any exemption herein contained. 
The defendant shall have the burden of proving such an 
exemption.
    (d) Sentence. A person convicted of unlawful possession 
use of armor piercing bullets shall be guilty of a Class 3 
felony.
(Source: P.A. 92-423, eff. 1-1-02.)
 
    (720 ILCS 5/24-3.6)
    Sec. 24-3.6. Unlawful possession use of a firearm in the 
shape of a wireless telephone. 
    (a) For the purposes of this Section, "wireless telephone" 
means a device that is capable of transmitting or receiving 
telephonic communications without a wire connecting the device 
to the telephone network.
    (b) A person commits the offense of unlawful possession 
use of a firearm in the shape of a wireless telephone when he 
or she manufactures, sells, transfers, purchases, possesses, 
or carries a firearm shaped or designed to appear as a wireless 
telephone.
    (c) This Section does not apply to or affect the sale to or 
possession of a firearm in the shape of a wireless telephone by 
a peace officer.
    (d) Sentence. Unlawful possession use of a firearm in the 
shape of a wireless telephone is a Class 4 felony.
(Source: P.A. 92-155, eff. 1-1-02.)
 
    (720 ILCS 5/36-1)  (from Ch. 38, par. 36-1)
    Sec. 36-1. Property subject to forfeiture. 
    (a) Any vessel or watercraft, vehicle, or aircraft is 
subject to forfeiture under this Article if the vessel or 
watercraft, vehicle, or aircraft is used with the knowledge 
and consent of the owner in the commission of or in the attempt 
to commit as defined in Section 8-4 of this Code: 
        (1) an offense prohibited by Section 9-1 (first degree 
    murder), Section 9-3 (involuntary manslaughter and 
    reckless homicide), Section 10-2 (aggravated kidnaping), 
    Section 11-1.20 (criminal sexual assault), Section 11-1.30 
    (aggravated criminal sexual assault), Section 11-1.40 
    (predatory criminal sexual assault of a child), subsection 
    (a) of Section 11-1.50 (criminal sexual abuse), subsection 
    (a), (c), or (d) of Section 11-1.60 (aggravated criminal 
    sexual abuse), Section 11-6 (indecent solicitation of a 
    child), Section 11-14.4 (promoting juvenile prostitution 
    except for keeping a place of juvenile prostitution), 
    Section 11-20.1 (child pornography), paragraph (a)(1), 
    (a)(2), (a)(4), (b)(1), (b)(2), (e)(1), (e)(2), (e)(3), 
    (e)(4), (e)(5), (e)(6), or (e)(7) of Section 12-3.05 
    (aggravated battery), Section 12-7.3 (stalking), Section 
    12-7.4 (aggravated stalking), Section 16-1 (theft if the 
    theft is of precious metal or of scrap metal), subdivision 
    (f)(2) or (f)(3) of Section 16-25 (retail theft), Section 
    18-2 (armed robbery), Section 19-1 (burglary), Section 
    19-2 (possession of burglary tools), Section 19-3 
    (residential burglary), Section 20-1 (arson; residential 
    arson; place of worship arson), Section 20-2 (possession 
    of explosives or explosive or incendiary devices), 
    subdivision (a)(6) or (a)(7) of Section 24-1 (unlawful 
    possession use of weapons), Section 24-1.2 (aggravated 
    discharge of a firearm), Section 24-1.2-5 (aggravated 
    discharge of a machine gun or a firearm equipped with a 
    device designed or used for silencing the report of a 
    firearm), Section 24-1.5 (reckless discharge of a 
    firearm), Section 28-1 (gambling), or Section 29D-15.2 
    (possession of a deadly substance) of this Code;
        (2) an offense prohibited by Section 21, 22, 23, 24 or 
    26 of the Cigarette Tax Act if the vessel or watercraft, 
    vehicle, or aircraft contains more than 10 cartons of such 
    cigarettes;
        (3) an offense prohibited by Section 28, 29, or 30 of 
    the Cigarette Use Tax Act if the vessel or watercraft, 
    vehicle, or aircraft contains more than 10 cartons of such 
    cigarettes;
        (4) an offense prohibited by Section 44 of the 
    Environmental Protection Act;
        (5) an offense prohibited by Section 11-204.1 of the 
    Illinois Vehicle Code (aggravated fleeing or attempting to 
    elude a peace officer);
        (6) an offense prohibited by Section 11-501 of the 
    Illinois Vehicle Code (driving while under the influence 
    of alcohol or other drug or drugs, intoxicating compound 
    or compounds or any combination thereof) or a similar 
    provision of a local ordinance, and:
            (A) during a period in which his or her driving 
        privileges are revoked or suspended if the revocation 
        or suspension was for:
                (i) Section 11-501 (driving under the 
            influence of alcohol or other drug or drugs, 
            intoxicating compound or compounds or any 
            combination thereof), 
                (ii) Section 11-501.1 (statutory summary 
            suspension or revocation),
                (iii) paragraph (b) of Section 11-401 (motor 
            vehicle crashes involving death or personal 
            injuries), or
                (iv) reckless homicide as defined in Section 
            9-3 of this Code;
            (B) has been previously convicted of reckless 
        homicide or a similar provision of a law of another 
        state relating to reckless homicide in which the 
        person was determined to have been under the influence 
        of alcohol, other drug or drugs, or intoxicating 
        compound or compounds as an element of the offense or 
        the person has previously been convicted of committing 
        a violation of driving under the influence of alcohol 
        or other drug or drugs, intoxicating compound or 
        compounds or any combination thereof and was involved 
        in a motor vehicle crash that resulted in death, great 
        bodily harm, or permanent disability or disfigurement 
        to another, when the violation was a proximate cause 
        of the death or injuries;
            (C) the person committed a violation of driving 
        under the influence of alcohol or other drug or drugs, 
        intoxicating compound or compounds or any combination 
        thereof under Section 11-501 of the Illinois Vehicle 
        Code or a similar provision for the third or 
        subsequent time;
            (D) he or she did not possess a valid driver's 
        license or permit or a valid restricted driving permit 
        or a valid judicial driving permit or a valid 
        monitoring device driving permit; or
            (E) he or she knew or should have known that the 
        vehicle he or she was driving was not covered by a 
        liability insurance policy;
        (7) an offense described in subsection (g) of Section 
    6-303 of the Illinois Vehicle Code;
        (8) an offense described in subsection (e) of Section 
    6-101 of the Illinois Vehicle Code; or
        (9)(A) operating a watercraft under the influence of 
    alcohol, other drug or drugs, intoxicating compound or 
    compounds, or combination thereof under Section 5-16 of 
    the Boat Registration and Safety Act during a period in 
    which his or her privileges to operate a watercraft are 
    revoked or suspended and the revocation or suspension was 
    for operating a watercraft under the influence of alcohol, 
    other drug or drugs, intoxicating compound or compounds, 
    or combination thereof; (B) operating a watercraft under 
    the influence of alcohol, other drug or drugs, 
    intoxicating compound or compounds, or combination thereof 
    and has been previously convicted of reckless homicide or 
    a similar provision of a law in another state relating to 
    reckless homicide in which the person was determined to 
    have been under the influence of alcohol, other drug or 
    drugs, intoxicating compound or compounds, or combination 
    thereof as an element of the offense or the person has 
    previously been convicted of committing a violation of 
    operating a watercraft under the influence of alcohol, 
    other drug or drugs, intoxicating compound or compounds, 
    or combination thereof and was involved in an accident 
    that resulted in death, great bodily harm, or permanent 
    disability or disfigurement to another, when the violation 
    was a proximate cause of the death or injuries; or (C) the 
    person committed a violation of operating a watercraft 
    under the influence of alcohol, other drug or drugs, 
    intoxicating compound or compounds, or combination thereof 
    under Section 5-16 of the Boat Registration and Safety Act 
    or a similar provision for the third or subsequent time.
    (b) In addition, any mobile or portable equipment used in 
the commission of an act which is in violation of Section 7g of 
the Metropolitan Water Reclamation District Act shall be 
subject to seizure and forfeiture under the same procedures 
provided in this Article for the seizure and forfeiture of 
vessels or watercraft, vehicles, and aircraft, and any such 
equipment shall be deemed a vessel or watercraft, vehicle, or 
aircraft for purposes of this Article.
    (c) In addition, when a person discharges a firearm at 
another individual from a vehicle with the knowledge and 
consent of the owner of the vehicle and with the intent to 
cause death or great bodily harm to that individual and as a 
result causes death or great bodily harm to that individual, 
the vehicle shall be subject to seizure and forfeiture under 
the same procedures provided in this Article for the seizure 
and forfeiture of vehicles used in violations of clauses (1), 
(2), (3), or (4) of subsection (a) of this Section.
    (d) If the spouse of the owner of a vehicle seized for an 
offense described in subsection (g) of Section 6-303 of the 
Illinois Vehicle Code, a violation of subdivision (d)(1)(A), 
(d)(1)(D), (d)(1)(G), (d)(1)(H), or (d)(1)(I) of Section 
11-501 of the Illinois Vehicle Code, or Section 9-3 of this 
Code makes a showing that the seized vehicle is the only source 
of transportation and it is determined that the financial 
hardship to the family as a result of the seizure outweighs the 
benefit to the State from the seizure, the vehicle may be 
forfeited to the spouse or family member and the title to the 
vehicle shall be transferred to the spouse or family member 
who is properly licensed and who requires the use of the 
vehicle for employment or family transportation purposes. A 
written declaration of forfeiture of a vehicle under this 
Section shall be sufficient cause for the title to be 
transferred to the spouse or family member. The provisions of 
this paragraph shall apply only to one forfeiture per vehicle. 
If the vehicle is the subject of a subsequent forfeiture 
proceeding by virtue of a subsequent conviction of either 
spouse or the family member, the spouse or family member to 
whom the vehicle was forfeited under the first forfeiture 
proceeding may not utilize the provisions of this paragraph in 
another forfeiture proceeding. If the owner of the vehicle 
seized owns more than one vehicle, the procedure set out in 
this paragraph may be used for only one vehicle.
    (e) In addition, property subject to forfeiture under 
Section 40 of the Illinois Streetgang Terrorism Omnibus 
Prevention Act may be seized and forfeited under this Article.
(Source: P.A. 102-982, eff. 7-1-23.)
 
    Section 25. The Code of Criminal Procedure of 1963 is 
amended by changing Section 110-6.1 as follows:
 
    (725 ILCS 5/110-6.1)  (from Ch. 38, par. 110-6.1)
    Sec. 110-6.1. Denial of pretrial release. 
    (a) Upon verified petition by the State, the court shall 
hold a hearing and may deny a defendant pretrial release only 
if:
        (1) the defendant is charged with a felony offense 
    other than a forcible felony for which, based on the 
    charge or the defendant's criminal history, a sentence of 
    imprisonment, without probation, periodic imprisonment or 
    conditional discharge, is required by law upon conviction, 
    and it is alleged that the defendant's pretrial release 
    poses a real and present threat to the safety of any person 
    or persons or the community, based on the specific 
    articulable facts of the case;
        (1.5) the defendant's pretrial release poses a real 
    and present threat to the safety of any person or persons 
    or the community, based on the specific articulable facts 
    of the case, and the defendant is charged with a forcible 
    felony, which as used in this Section, means treason, 
    first degree murder, second degree murder, predatory 
    criminal sexual assault of a child, aggravated criminal 
    sexual assault, criminal sexual assault, armed robbery, 
    aggravated robbery, robbery, burglary where there is use 
    of force against another person, residential burglary, 
    home invasion, vehicular invasion, aggravated arson, 
    arson, aggravated kidnaping, kidnaping, aggravated battery 
    resulting in great bodily harm or permanent disability or 
    disfigurement or any other felony which involves the 
    threat of or infliction of great bodily harm or permanent 
    disability or disfigurement; 
        (2) the defendant is charged with stalking or 
    aggravated stalking, and it is alleged that the 
    defendant's pre-trial release poses a real and present 
    threat to the safety of a victim of the alleged offense, 
    and denial of release is necessary to prevent fulfillment 
    of the threat upon which the charge is based;
        (3) the defendant is charged with a violation of an 
    order of protection issued under Section 112A-14 of this 
    Code or Section 214 of the Illinois Domestic Violence Act 
    of 1986, a stalking no contact order under Section 80 of 
    the Stalking No Contact Order Act, or of a civil no contact 
    order under Section 213 of the Civil No Contact Order Act, 
    and it is alleged that the defendant's pretrial release 
    poses a real and present threat to the safety of any person 
    or persons or the community, based on the specific 
    articulable facts of the case;
        (4) the defendant is charged with domestic battery or 
    aggravated domestic battery under Section 12-3.2 or 12-3.3 
    of the Criminal Code of 2012 and it is alleged that the 
    defendant's pretrial release poses a real and present 
    threat to the safety of any person or persons or the 
    community, based on the specific articulable facts of the 
    case;
        (5) the defendant is charged with any offense under 
    Article 11 of the Criminal Code of 2012, except for 
    Sections 11-14, 11-14.1, 11-18, 11-20, 11-30, 11-35, 
    11-40, and 11-45 of the Criminal Code of 2012, or similar 
    provisions of the Criminal Code of 1961 and it is alleged 
    that the defendant's pretrial release poses a real and 
    present threat to the safety of any person or persons or 
    the community, based on the specific articulable facts of 
    the case; 
        (6) the defendant is charged with any of the following 
    offenses under the Criminal Code of 2012, and it is 
    alleged that the defendant's pretrial release poses a real 
    and present threat to the safety of any person or persons 
    or the community, based on the specific articulable facts 
    of the case:
            (A) Section 24-1.2 (aggravated discharge of a 
        firearm);
            (B) Section 24-2.5 (aggravated discharge of a 
        machine gun or a firearm equipped with a device 
        designed or use for silencing the report of a 
        firearm);
            (C) Section 24-1.5 (reckless discharge of a 
        firearm);
            (D) Section 24-1.7 (unlawful possession of a 
        firearm by a repeat felony offender armed habitual 
        criminal);
            (E) Section 24-2.2 (manufacture, sale or transfer 
        of bullets or shells represented to be armor piercing 
        bullets, dragon's breath shotgun shells, bolo shells, 
        or flechette shells);
            (F) Section 24-3 (unlawful sale or delivery of 
        firearms);
            (G) Section 24-3.3 (unlawful sale or delivery of 
        firearms on the premises of any school);
            (H) Section 24-34 (unlawful sale of firearms by 
        liquor license);
            (I) Section 24-3.5 (unlawful purchase of a 
        firearm);
            (J) Section 24-3A (gunrunning);
            (K) Section 24-3B (firearms trafficking);
            (L) Section 10-9 (b) (involuntary servitude);
            (M) Section 10-9 (c) (involuntary sexual servitude 
        of a minor);
            (N) Section 10-9(d) (trafficking in persons);
            (O) Non-probationable violations: (i) unlawful use 
        or possession of weapons by felons or persons in the 
        Custody of the Department of Corrections facilities 
        (Section 24-1.1), (ii) aggravated unlawful possession 
        use of a weapon (Section 24-1.6), or (iii) aggravated 
        possession of a stolen firearm (Section 24-3.9); 
            (P) Section 9-3 (reckless homicide and involuntary 
        manslaughter);
            (Q) Section 19-3 (residential burglary);
            (R) Section 10-5 (child abduction);
            (S) Felony violations of Section 12C-5 (child 
        endangerment);
            (T) Section 12-7.1 (hate crime); 
            (U) Section 10-3.1 (aggravated unlawful 
        restraint); 
            (V) Section 12-9 (threatening a public official); 
            (W) Subdivision (f)(1) of Section 12-3.05 
        (aggravated battery with a deadly weapon other than by 
        discharge of a firearm); 
        (6.5) the defendant is charged with any of the 
    following offenses, and it is alleged that the defendant's 
    pretrial release poses a real and present threat to the 
    safety of any person or persons or the community, based on 
    the specific articulable facts of the case: 
            (A) Felony violations of Sections 3.01, 3.02, or 
        3.03 of the Humane Care for Animals Act (cruel 
        treatment, aggravated cruelty, and animal torture);
            (B) Subdivision (d)(1)(B) of Section 11-501 of the 
        Illinois Vehicle Code (aggravated driving under the 
        influence while operating a school bus with 
        passengers);
            (C) Subdivision (d)(1)(C) of Section 11-501 of the 
        Illinois Vehicle Code (aggravated driving under the 
        influence causing great bodily harm);
            (D) Subdivision (d)(1)(D) of Section 11-501 of the 
        Illinois Vehicle Code (aggravated driving under the 
        influence after a previous reckless homicide 
        conviction);
            (E) Subdivision (d)(1)(F) of Section 11-501 of the 
        Illinois Vehicle Code (aggravated driving under the 
        influence leading to death); or
            (F) Subdivision (d)(1)(J) of Section 11-501 of the 
        Illinois Vehicle Code (aggravated driving under the 
        influence that resulted in bodily harm to a child 
        under the age of 16);
        (7) the defendant is charged with an attempt to commit 
    any charge listed in paragraphs (1) through (6.5), and it 
    is alleged that the defendant's pretrial release poses a 
    real and present threat to the safety of any person or 
    persons or the community, based on the specific 
    articulable facts of the case; or 
        (8) the person has a high likelihood of willful flight 
    to avoid prosecution and is charged with:
            (A) Any felony described in subdivisions (a)(1) 
        through (a)(7) of this Section; or
            (B) A felony offense other than a Class 4 offense. 
    (b) If the charged offense is a felony, as part of the 
detention hearing, the court shall determine whether there is 
probable cause the defendant has committed an offense, unless 
a hearing pursuant to Section 109-3 of this Code has already 
been held or a grand jury has returned a true bill of 
indictment against the defendant. If there is a finding of no 
probable cause, the defendant shall be released. No such 
finding is necessary if the defendant is charged with a 
misdemeanor.
    (c) Timing of petition. 
        (1) A petition may be filed without prior notice to 
    the defendant at the first appearance before a judge, or 
    within the 21 calendar days, except as provided in Section 
    110-6, after arrest and release of the defendant upon 
    reasonable notice to defendant; provided that while such 
    petition is pending before the court, the defendant if 
    previously released shall not be detained.
        (2) Upon filing, the court shall immediately hold a 
    hearing on the petition unless a continuance is requested. 
    If a continuance is requested and granted, the hearing 
    shall be held within 48 hours of the defendant's first 
    appearance if the defendant is charged with first degree 
    murder or a Class X, Class 1, Class 2, or Class 3 felony, 
    and within 24 hours if the defendant is charged with a 
    Class 4 or misdemeanor offense. The Court may deny or 
    grant the request for continuance. If the court decides to 
    grant the continuance, the Court retains the discretion to 
    detain or release the defendant in the time between the 
    filing of the petition and the hearing.
    (d) Contents of petition.
        (1) The petition shall be verified by the State and 
    shall state the grounds upon which it contends the 
    defendant should be denied pretrial release, including the 
    real and present threat to the safety of any person or 
    persons or the community, based on the specific 
    articulable facts or flight risk, as appropriate.
        (2) If the State seeks to file a second or subsequent 
    petition under this Section, the State shall be required 
    to present a verified application setting forth in detail 
    any new facts not known or obtainable at the time of the 
    filing of the previous petition.
    (e) Eligibility: All defendants shall be presumed eligible 
for pretrial release, and the State shall bear the burden of 
proving by clear and convincing evidence that:
        (1) the proof is evident or the presumption great that 
    the defendant has committed an offense listed in 
    subsection (a), and
        (2) for offenses listed in paragraphs (1) through (7) 
    of subsection (a), the defendant poses a real and present 
    threat to the safety of any person or persons or the 
    community, based on the specific articulable facts of the 
    case, by conduct which may include, but is not limited to, 
    a forcible felony, the obstruction of justice, 
    intimidation, injury, or abuse as defined by paragraph (1) 
    of Section 103 of the Illinois Domestic Violence Act of 
    1986, and
        (3) no condition or combination of conditions set 
    forth in subsection (b) of Section 110-10 of this Article 
    can mitigate (i) the real and present threat to the safety 
    of any person or persons or the community, based on the 
    specific articulable facts of the case, for offenses 
    listed in paragraphs (1) through (7) of subsection (a), or 
    (ii) the defendant's willful flight for offenses listed in 
    paragraph (8) of subsection (a), and
        (4) for offenses under subsection (b) of Section 407 
    of the Illinois Controlled Substances Act that are subject 
    to paragraph (1) of subsection (a), no condition or 
    combination of conditions set forth in subsection (b) of 
    Section 110-10 of this Article can mitigate the real and 
    present threat to the safety of any person or persons or 
    the community, based on the specific articulable facts of 
    the case, and the defendant poses a serious risk to not 
    appear in court as required.
    (f) Conduct of the hearings.
        (1) Prior to the hearing, the State shall tender to 
    the defendant copies of the defendant's criminal history 
    available, any written or recorded statements, and the 
    substance of any oral statements made by any person, if 
    relied upon by the State in its petition, and any police 
    reports in the prosecutor's possession at the time of the 
    hearing.
        (2) The State or defendant may present evidence at the 
    hearing by way of proffer based upon reliable information.
        (3) The defendant has the right to be represented by 
    counsel, and if he or she is indigent, to have counsel 
    appointed for him or her. The defendant shall have the 
    opportunity to testify, to present witnesses on his or her 
    own behalf, and to cross-examine any witnesses that are 
    called by the State. Defense counsel shall be given 
    adequate opportunity to confer with the defendant before 
    any hearing at which conditions of release or the 
    detention of the defendant are to be considered, with an 
    accommodation for a physical condition made to facilitate 
    attorney/client consultation. If defense counsel needs to 
    confer or consult with the defendant during any hearing 
    conducted via a two-way audio-visual communication system, 
    such consultation shall not be recorded and shall be 
    undertaken consistent with constitutional protections. 
        (3.5) A hearing at which pretrial release may be 
    denied must be conducted in person (and not by way of 
    two-way audio visual communication) unless the accused 
    waives the right to be present physically in court, the 
    court determines that the physical health and safety of 
    any person necessary to the proceedings would be 
    endangered by appearing in court, or the chief judge of 
    the circuit orders use of that system due to operational 
    challenges in conducting the hearing in person. Such 
    operational challenges must be documented and approved by 
    the chief judge of the circuit, and a plan to address the 
    challenges through reasonable efforts must be presented 
    and approved by the Administrative Office of the Illinois 
    Courts every 6 months. 
        (4) If the defense seeks to compel the complaining 
    witness to testify as a witness in its favor, it shall 
    petition the court for permission. When the ends of 
    justice so require, the court may exercise its discretion 
    and compel the appearance of a complaining witness. The 
    court shall state on the record reasons for granting a 
    defense request to compel the presence of a complaining 
    witness only on the issue of the defendant's pretrial 
    detention. In making a determination under this Section, 
    the court shall state on the record the reason for 
    granting a defense request to compel the presence of a 
    complaining witness, and only grant the request if the 
    court finds by clear and convincing evidence that the 
    defendant will be materially prejudiced if the complaining 
    witness does not appear. Cross-examination of a 
    complaining witness at the pretrial detention hearing for 
    the purpose of impeaching the witness' credibility is 
    insufficient reason to compel the presence of the witness. 
    In deciding whether to compel the appearance of a 
    complaining witness, the court shall be considerate of the 
    emotional and physical well-being of the witness. The 
    pre-trial detention hearing is not to be used for purposes 
    of discovery, and the post arraignment rules of discovery 
    do not apply. The State shall tender to the defendant, 
    prior to the hearing, copies, if any, of the defendant's 
    criminal history, if available, and any written or 
    recorded statements and the substance of any oral 
    statements made by any person, if in the State's 
    Attorney's possession at the time of the hearing. 
        (5) The rules concerning the admissibility of evidence 
    in criminal trials do not apply to the presentation and 
    consideration of information at the hearing. At the trial 
    concerning the offense for which the hearing was conducted 
    neither the finding of the court nor any transcript or 
    other record of the hearing shall be admissible in the 
    State's case-in-chief, but shall be admissible for 
    impeachment, or as provided in Section 115-10.1 of this 
    Code, or in a perjury proceeding.
        (6) The defendant may not move to suppress evidence or 
    a confession, however, evidence that proof of the charged 
    crime may have been the result of an unlawful search or 
    seizure, or both, or through improper interrogation, is 
    relevant in assessing the weight of the evidence against 
    the defendant.
        (7) Decisions regarding release, conditions of 
    release, and detention prior to trial must be 
    individualized, and no single factor or standard may be 
    used exclusively to order detention. Risk assessment tools 
    may not be used as the sole basis to deny pretrial release. 
    (g) Factors to be considered in making a determination of 
dangerousness. The court may, in determining whether the 
defendant poses a real and present threat to the safety of any 
person or persons or the community, based on the specific 
articulable facts of the case, consider, but shall not be 
limited to, evidence or testimony concerning:
        (1) The nature and circumstances of any offense 
    charged, including whether the offense is a crime of 
    violence, involving a weapon, or a sex offense.
        (2) The history and characteristics of the defendant 
    including:
            (A) Any evidence of the defendant's prior criminal 
        history indicative of violent, abusive or assaultive 
        behavior, or lack of such behavior. Such evidence may 
        include testimony or documents received in juvenile 
        proceedings, criminal, quasi-criminal, civil 
        commitment, domestic relations, or other proceedings. 
            (B) Any evidence of the defendant's psychological, 
        psychiatric or other similar social history which 
        tends to indicate a violent, abusive, or assaultive 
        nature, or lack of any such history.
        (3) The identity of any person or persons to whose 
    safety the defendant is believed to pose a threat, and the 
    nature of the threat.
        (4) Any statements made by, or attributed to the 
    defendant, together with the circumstances surrounding 
    them.
        (5) The age and physical condition of the defendant.
        (6) The age and physical condition of any victim or 
    complaining witness. 
        (7) Whether the defendant is known to possess or have 
    access to any weapon or weapons.
        (8) Whether, at the time of the current offense or any 
    other offense or arrest, the defendant was on probation, 
    parole, aftercare release, mandatory supervised release or 
    other release from custody pending trial, sentencing, 
    appeal or completion of sentence for an offense under 
    federal or state law.
        (9) Any other factors, including those listed in 
    Section 110-5 of this Article deemed by the court to have a 
    reasonable bearing upon the defendant's propensity or 
    reputation for violent, abusive, or assaultive behavior, 
    or lack of such behavior.
    (h) Detention order. The court shall, in any order for 
detention:
        (1) make a written finding summarizing the court's 
    reasons for concluding that the defendant should be denied 
    pretrial release, including why less restrictive 
    conditions would not avoid a real and present threat to 
    the safety of any person or persons or the community, 
    based on the specific articulable facts of the case, or 
    prevent the defendant's willful flight from prosecution;
        (2) direct that the defendant be committed to the 
    custody of the sheriff for confinement in the county jail 
    pending trial;
        (3) direct that the defendant be given a reasonable 
    opportunity for private consultation with counsel, and for 
    communication with others of his or her choice by 
    visitation, mail and telephone; and
        (4) direct that the sheriff deliver the defendant as 
    required for appearances in connection with court 
    proceedings.
    (i) Detention. If the court enters an order for the 
detention of the defendant pursuant to subsection (e) of this 
Section, the defendant shall be brought to trial on the 
offense for which he is detained within 90 days after the date 
on which the order for detention was entered. If the defendant 
is not brought to trial within the 90-day period required by 
the preceding sentence, he shall not be denied pretrial 
release. In computing the 90-day period, the court shall omit 
any period of delay resulting from a continuance granted at 
the request of the defendant and any period of delay resulting 
from a continuance granted at the request of the State with 
good cause shown pursuant to Section 103-5.
    (i-5) At each subsequent appearance of the defendant 
before the court, the judge must find that continued detention 
is necessary to avoid a real and present threat to the safety 
of any person or persons or the community, based on the 
specific articulable facts of the case, or to prevent the 
defendant's willful flight from prosecution. 
    (j) Rights of the defendant. The defendant shall be 
entitled to appeal any order entered under this Section 
denying his or her pretrial release.
    (k) Appeal. The State may appeal any order entered under 
this Section denying any motion for denial of pretrial 
release.
    (l) Presumption of innocence. Nothing in this Section 
shall be construed as modifying or limiting in any way the 
defendant's presumption of innocence in further criminal 
proceedings.
    (m) Interest of victims. 
    (1) Crime victims shall be given notice by the State's 
Attorney's office of this hearing as required in paragraph (1) 
of subsection (b) of Section 4.5 of the Rights of Crime Victims 
and Witnesses Act and shall be informed of their opportunity 
at this hearing to obtain a protective order. 
    (2) If the defendant is denied pretrial release, the court 
may impose a no contact provision with the victim or other 
interested party that shall be enforced while the defendant 
remains in custody. 
(Source: P.A. 101-652, eff. 1-1-23; 102-1104, eff. 1-1-23.)
 
    Section 30. The Unified Code of Corrections is amended by 
changing Sections 3-6-3, 5-5-3.2, and 5-6-3.6 as follows:
 
    (730 ILCS 5/3-6-3)
    Sec. 3-6-3. Rules and regulations for sentence credit. 
    (a)(1) The Department of Corrections shall prescribe rules 
and regulations for awarding and revoking sentence credit for 
persons committed to the Department of Corrections and the 
Department of Juvenile Justice shall prescribe rules and 
regulations for awarding and revoking sentence credit for 
persons committed to the Department of Juvenile Justice under 
Section 5-8-6 of the Unified Code of Corrections, which shall 
be subject to review by the Prisoner Review Board.
    (1.5) As otherwise provided by law, sentence credit may be 
awarded for the following: 
        (A) successful completion of programming while in 
    custody of the Department of Corrections or the Department 
    of Juvenile Justice or while in custody prior to 
    sentencing; 
        (B) compliance with the rules and regulations of the 
    Department; or 
        (C) service to the institution, service to a 
    community, or service to the State. 
    (2) Except as provided in paragraph (4.7) of this 
subsection (a), the rules and regulations on sentence credit 
shall provide, with respect to offenses listed in clause (i), 
(ii), or (iii) of this paragraph (2) committed on or after June 
19, 1998 or with respect to the offense listed in clause (iv) 
of this paragraph (2) committed on or after June 23, 2005 (the 
effective date of Public Act 94-71) or with respect to offense 
listed in clause (vi) committed on or after June 1, 2008 (the 
effective date of Public Act 95-625) or with respect to the 
offense of unlawful possession of a firearm by a repeat felony 
offender being an armed habitual criminal committed on or 
after August 2, 2005 (the effective date of Public Act 94-398) 
or with respect to the offenses listed in clause (v) of this 
paragraph (2) committed on or after August 13, 2007 (the 
effective date of Public Act 95-134) or with respect to the 
offense of aggravated domestic battery committed on or after 
July 23, 2010 (the effective date of Public Act 96-1224) or 
with respect to the offense of attempt to commit terrorism 
committed on or after January 1, 2013 (the effective date of 
Public Act 97-990), the following:
        (i) that a prisoner who is serving a term of 
    imprisonment for first degree murder or for the offense of 
    terrorism shall receive no sentence credit and shall serve 
    the entire sentence imposed by the court;
        (ii) that a prisoner serving a sentence for attempt to 
    commit terrorism, attempt to commit first degree murder, 
    solicitation of murder, solicitation of murder for hire, 
    intentional homicide of an unborn child, predatory 
    criminal sexual assault of a child, aggravated criminal 
    sexual assault, criminal sexual assault, aggravated 
    kidnapping, aggravated battery with a firearm as described 
    in Section 12-4.2 or subdivision (e)(1), (e)(2), (e)(3), 
    or (e)(4) of Section 12-3.05, heinous battery as described 
    in Section 12-4.1 or subdivision (a)(2) of Section 
    12-3.05, u
    nlawful possession of a firearm by a repeat 
    felony offender being an armed habitual criminal, 
    aggravated battery of a senior citizen as described in 
    Section 12-4.6 or subdivision (a)(4) of Section 12-3.05, 
    or aggravated battery of a child as described in Section 
    12-4.3 or subdivision (b)(1) of Section 12-3.05 shall 
    receive no more than 4.5 days of sentence credit for each 
    month of his or her sentence of imprisonment;
        (iii) that a prisoner serving a sentence for home 
    invasion, armed robbery, aggravated vehicular hijacking, 
    aggravated discharge of a firearm, or armed violence with 
    a category I weapon or category II weapon, when the court 
    has made and entered a finding, pursuant to subsection 
    (c-1) of Section 5-4-1 of this Code, that the conduct 
    leading to conviction for the enumerated offense resulted 
    in great bodily harm to a victim, shall receive no more 
    than 4.5 days of sentence credit for each month of his or 
    her sentence of imprisonment;
        (iv) that a prisoner serving a sentence for aggravated 
    discharge of a firearm, whether or not the conduct leading 
    to conviction for the offense resulted in great bodily 
    harm to the victim, shall receive no more than 4.5 days of 
    sentence credit for each month of his or her sentence of 
    imprisonment; 
        (v) that a person serving a sentence for gunrunning, 
    narcotics racketeering, controlled substance trafficking, 
    methamphetamine trafficking, drug-induced homicide, 
    aggravated methamphetamine-related child endangerment, 
    money laundering pursuant to clause (c) (4) or (5) of 
    Section 29B-1 of the Criminal Code of 1961 or the Criminal 
    Code of 2012, or a Class X felony conviction for delivery 
    of a controlled substance, possession of a controlled 
    substance with intent to manufacture or deliver, 
    calculated criminal drug conspiracy, criminal drug 
    conspiracy, street gang criminal drug conspiracy, 
    participation in methamphetamine manufacturing, 
    aggravated participation in methamphetamine 
    manufacturing, delivery of methamphetamine, possession 
    with intent to deliver methamphetamine, aggravated 
    delivery of methamphetamine, aggravated possession with 
    intent to deliver methamphetamine, methamphetamine 
    conspiracy when the substance containing the controlled 
    substance or methamphetamine is 100 grams or more shall 
    receive no more than 7.5 days sentence credit for each 
    month of his or her sentence of imprisonment; 
        (vi) that a prisoner serving a sentence for a second 
    or subsequent offense of luring a minor shall receive no 
    more than 4.5 days of sentence credit for each month of his 
    or her sentence of imprisonment; and 
        (vii) that a prisoner serving a sentence for 
    aggravated domestic battery shall receive no more than 4.5 
    days of sentence credit for each month of his or her 
    sentence of imprisonment. 
    (2.1) For all offenses, other than those enumerated in 
subdivision (a)(2)(i), (ii), or (iii) committed on or after 
June 19, 1998 or subdivision (a)(2)(iv) committed on or after 
June 23, 2005 (the effective date of Public Act 94-71) or 
subdivision (a)(2)(v) committed on or after August 13, 2007 
(the effective date of Public Act 95-134) or subdivision 
(a)(2)(vi) committed on or after June 1, 2008 (the effective 
date of Public Act 95-625) or subdivision (a)(2)(vii) 
committed on or after July 23, 2010 (the effective date of 
Public Act 96-1224), and other than the offense of aggravated 
driving under the influence of alcohol, other drug or drugs, 
or intoxicating compound or compounds, or any combination 
thereof as defined in subparagraph (F) of paragraph (1) of 
subsection (d) of Section 11-501 of the Illinois Vehicle Code, 
and other than the offense of aggravated driving under the 
influence of alcohol, other drug or drugs, or intoxicating 
compound or compounds, or any combination thereof as defined 
in subparagraph (C) of paragraph (1) of subsection (d) of 
Section 11-501 of the Illinois Vehicle Code committed on or 
after January 1, 2011 (the effective date of Public Act 
96-1230), the rules and regulations shall provide that a 
prisoner who is serving a term of imprisonment shall receive 
one day of sentence credit for each day of his or her sentence 
of imprisonment or recommitment under Section 3-3-9. Each day 
of sentence credit shall reduce by one day the prisoner's 
period of imprisonment or recommitment under Section 3-3-9.
    (2.2) A prisoner serving a term of natural life 
imprisonment shall receive no sentence credit.
    (2.3) Except as provided in paragraph (4.7) of this 
subsection (a), the rules and regulations on sentence credit 
shall provide that a prisoner who is serving a sentence for 
aggravated driving under the influence of alcohol, other drug 
or drugs, or intoxicating compound or compounds, or any 
combination thereof as defined in subparagraph (F) of 
paragraph (1) of subsection (d) of Section 11-501 of the 
Illinois Vehicle Code, shall receive no more than 4.5 days of 
sentence credit for each month of his or her sentence of 
imprisonment.
    (2.4) Except as provided in paragraph (4.7) of this 
subsection (a), the rules and regulations on sentence credit 
shall provide with respect to the offenses of aggravated 
battery with a machine gun or a firearm equipped with any 
device or attachment designed or used for silencing the report 
of a firearm or aggravated discharge of a machine gun or a 
firearm equipped with any device or attachment designed or 
used for silencing the report of a firearm, committed on or 
after July 15, 1999 (the effective date of Public Act 91-121), 
that a prisoner serving a sentence for any of these offenses 
shall receive no more than 4.5 days of sentence credit for each 
month of his or her sentence of imprisonment.
    (2.5) Except as provided in paragraph (4.7) of this 
subsection (a), the rules and regulations on sentence credit 
shall provide that a prisoner who is serving a sentence for 
aggravated arson committed on or after July 27, 2001 (the 
effective date of Public Act 92-176) shall receive no more 
than 4.5 days of sentence credit for each month of his or her 
sentence of imprisonment.
    (2.6) Except as provided in paragraph (4.7) of this 
subsection (a), the rules and regulations on sentence credit 
shall provide that a prisoner who is serving a sentence for 
aggravated driving under the influence of alcohol, other drug 
or drugs, or intoxicating compound or compounds or any 
combination thereof as defined in subparagraph (C) of 
paragraph (1) of subsection (d) of Section 11-501 of the 
Illinois Vehicle Code committed on or after January 1, 2011 
(the effective date of Public Act 96-1230) shall receive no 
more than 4.5 days of sentence credit for each month of his or 
her sentence of imprisonment.
    (3) In addition to the sentence credits earned under 
paragraphs (2.1), (4), (4.1), (4.2), and (4.7) of this 
subsection (a), the rules and regulations shall also provide 
that the Director of Corrections or the Director of Juvenile 
Justice may award up to 180 days of earned sentence credit for 
prisoners serving a sentence of incarceration of less than 5 
years, and up to 365 days of earned sentence credit for 
prisoners serving a sentence of 5 years or longer. The 
Director may grant this credit for good conduct in specific 
instances as either Director deems proper for eligible persons 
in the custody of each Director's respective Department. The 
good conduct may include, but is not limited to, compliance 
with the rules and regulations of the Department, service to 
the Department, service to a community, or service to the 
State.
    Eligible inmates for an award of earned sentence credit 
under this paragraph (3) may be selected to receive the credit 
at either Director's or his or her designee's sole discretion. 
Eligibility for the additional earned sentence credit under 
this paragraph (3) may be based on, but is not limited to, 
participation in programming offered by the Department as 
appropriate for the prisoner based on the results of any 
available risk/needs assessment or other relevant assessments 
or evaluations administered by the Department using a 
validated instrument, the circumstances of the crime, 
demonstrated commitment to rehabilitation by a prisoner with a 
history of conviction for a forcible felony enumerated in 
Section 2-8 of the Criminal Code of 2012, the inmate's 
behavior and improvements in disciplinary history while 
incarcerated, and the inmate's commitment to rehabilitation, 
including participation in programming offered by the 
Department. 
    The Director of Corrections or the Director of Juvenile 
Justice shall not award sentence credit under this paragraph 
(3) to an inmate unless the inmate has served a minimum of 60 
days of the sentence, including time served in a county jail; 
except nothing in this paragraph shall be construed to permit 
either Director to extend an inmate's sentence beyond that 
which was imposed by the court. Prior to awarding credit under 
this paragraph (3), each Director shall make a written 
determination that the inmate:
        (A) is eligible for the earned sentence credit;
        (B) has served a minimum of 60 days, or as close to 60 
    days as the sentence will allow;
        (B-1) has received a risk/needs assessment or other 
    relevant evaluation or assessment administered by the 
    Department using a validated instrument; and
        (C) has met the eligibility criteria established by 
    rule for earned sentence credit.
    The Director of Corrections or the Director of Juvenile 
Justice shall determine the form and content of the written 
determination required in this subsection.
    (3.5) The Department shall provide annual written reports 
to the Governor and the General Assembly on the award of earned 
sentence credit no later than February 1 of each year. The 
Department must publish both reports on its website within 48 
hours of transmitting the reports to the Governor and the 
General Assembly. The reports must include:
        (A) the number of inmates awarded earned sentence 
    credit;
        (B) the average amount of earned sentence credit 
    awarded;
        (C) the holding offenses of inmates awarded earned 
    sentence credit; and
        (D) the number of earned sentence credit revocations. 
    (4)(A) Except as provided in paragraph (4.7) of this 
subsection (a), the rules and regulations shall also provide 
that any prisoner who is engaged full-time in substance abuse 
programs, correctional industry assignments, educational 
programs, work-release programs or activities in accordance 
with Article 13 of Chapter III of this Code, behavior 
modification programs, life skills courses, or re-entry 
planning provided by the Department under this paragraph (4) 
and satisfactorily completes the assigned program as 
determined by the standards of the Department, shall receive 
one day of sentence credit for each day in which that prisoner 
is engaged in the activities described in this paragraph. The 
rules and regulations shall also provide that sentence credit 
may be provided to an inmate who was held in pre-trial 
detention prior to his or her current commitment to the 
Department of Corrections and successfully completed a 
full-time, 60-day or longer substance abuse program, 
educational program, behavior modification program, life 
skills course, or re-entry planning provided by the county 
department of corrections or county jail. Calculation of this 
county program credit shall be done at sentencing as provided 
in Section 5-4.5-100 of this Code and shall be included in the 
sentencing order. The rules and regulations shall also provide 
that sentence credit may be provided to an inmate who is in 
compliance with programming requirements in an adult 
transition center.
    (B) The Department shall award sentence credit under this 
paragraph (4) accumulated prior to January 1, 2020 (the 
effective date of Public Act 101-440) in an amount specified 
in subparagraph (C) of this paragraph (4) to an inmate serving 
a sentence for an offense committed prior to June 19, 1998, if 
the Department determines that the inmate is entitled to this 
sentence credit, based upon:
        (i) documentation provided by the Department that the 
    inmate engaged in any full-time substance abuse programs, 
    correctional industry assignments, educational programs, 
    behavior modification programs, life skills courses, or 
    re-entry planning provided by the Department under this 
    paragraph (4) and satisfactorily completed the assigned 
    program as determined by the standards of the Department 
    during the inmate's current term of incarceration; or
        (ii) the inmate's own testimony in the form of an 
    affidavit or documentation, or a third party's 
    documentation or testimony in the form of an affidavit 
    that the inmate likely engaged in any full-time substance 
    abuse programs, correctional industry assignments, 
    educational programs, behavior modification programs, life 
    skills courses, or re-entry planning provided by the 
    Department under paragraph (4) and satisfactorily 
    completed the assigned program as determined by the 
    standards of the Department during the inmate's current 
    term of incarceration.
    (C) If the inmate can provide documentation that he or she 
is entitled to sentence credit under subparagraph (B) in 
excess of 45 days of participation in those programs, the 
inmate shall receive 90 days of sentence credit. If the inmate 
cannot provide documentation of more than 45 days of 
participation in those programs, the inmate shall receive 45 
days of sentence credit. In the event of a disagreement 
between the Department and the inmate as to the amount of 
credit accumulated under subparagraph (B), if the Department 
provides documented proof of a lesser amount of days of 
participation in those programs, that proof shall control. If 
the Department provides no documentary proof, the inmate's 
proof as set forth in clause (ii) of subparagraph (B) shall 
control as to the amount of sentence credit provided.
    (D) If the inmate has been convicted of a sex offense as 
defined in Section 2 of the Sex Offender Registration Act, 
sentencing credits under subparagraph (B) of this paragraph 
(4) shall be awarded by the Department only if the conditions 
set forth in paragraph (4.6) of subsection (a) are satisfied. 
No inmate serving a term of natural life imprisonment shall 
receive sentence credit under subparagraph (B) of this 
paragraph (4).
    (E) The rules and regulations shall provide for the 
recalculation of program credits awarded pursuant to this 
paragraph (4) prior to July 1, 2021 (the effective date of 
Public Act 101-652) at the rate set for such credits on and 
after July 1, 2021. 
    Educational, vocational, substance abuse, behavior 
modification programs, life skills courses, re-entry planning, 
and correctional industry programs under which sentence credit 
may be earned under this paragraph (4) and paragraph (4.1) of 
this subsection (a) shall be evaluated by the Department on 
the basis of documented standards. The Department shall report 
the results of these evaluations to the Governor and the 
General Assembly by September 30th of each year. The reports 
shall include data relating to the recidivism rate among 
program participants.
    Availability of these programs shall be subject to the 
limits of fiscal resources appropriated by the General 
Assembly for these purposes. Eligible inmates who are denied 
immediate admission shall be placed on a waiting list under 
criteria established by the Department. The rules and 
regulations shall provide that a prisoner who has been placed 
on a waiting list but is transferred for non-disciplinary 
reasons before beginning a program shall receive priority 
placement on the waitlist for appropriate programs at the new 
facility. The inability of any inmate to become engaged in any 
such programs by reason of insufficient program resources or 
for any other reason established under the rules and 
regulations of the Department shall not be deemed a cause of 
action under which the Department or any employee or agent of 
the Department shall be liable for damages to the inmate. The 
rules and regulations shall provide that a prisoner who begins 
an educational, vocational, substance abuse, work-release 
programs or activities in accordance with Article 13 of 
Chapter III of this Code, behavior modification program, life 
skills course, re-entry planning, or correctional industry 
programs but is unable to complete the program due to illness, 
disability, transfer, lockdown, or another reason outside of 
the prisoner's control shall receive prorated sentence credits 
for the days in which the prisoner did participate. 
    (4.1) Except as provided in paragraph (4.7) of this 
subsection (a), the rules and regulations shall also provide 
that an additional 90 days of sentence credit shall be awarded 
to any prisoner who passes high school equivalency testing 
while the prisoner is committed to the Department of 
Corrections. The sentence credit awarded under this paragraph 
(4.1) shall be in addition to, and shall not affect, the award 
of sentence credit under any other paragraph of this Section, 
but shall also be pursuant to the guidelines and restrictions 
set forth in paragraph (4) of subsection (a) of this Section. 
The sentence credit provided for in this paragraph shall be 
available only to those prisoners who have not previously 
earned a high school diploma or a State of Illinois High School 
Diploma. If, after an award of the high school equivalency 
testing sentence credit has been made, the Department 
determines that the prisoner was not eligible, then the award 
shall be revoked. The Department may also award 90 days of 
sentence credit to any committed person who passed high school 
equivalency testing while he or she was held in pre-trial 
detention prior to the current commitment to the Department of 
Corrections. Except as provided in paragraph (4.7) of this 
subsection (a), the rules and regulations shall provide that 
an additional 120 days of sentence credit shall be awarded to 
any prisoner who obtains an associate degree while the 
prisoner is committed to the Department of Corrections, 
regardless of the date that the associate degree was obtained, 
including if prior to July 1, 2021 (the effective date of 
Public Act 101-652). The sentence credit awarded under this 
paragraph (4.1) shall be in addition to, and shall not affect, 
the award of sentence credit under any other paragraph of this 
Section, but shall also be under the guidelines and 
restrictions set forth in paragraph (4) of subsection (a) of 
this Section. The sentence credit provided for in this 
paragraph (4.1) shall be available only to those prisoners who 
have not previously earned an associate degree prior to the 
current commitment to the Department of Corrections. If, after 
an award of the associate degree sentence credit has been made 
and the Department determines that the prisoner was not 
eligible, then the award shall be revoked. The Department may 
also award 120 days of sentence credit to any committed person 
who earned an associate degree while he or she was held in 
pre-trial detention prior to the current commitment to the 
Department of Corrections. 
    Except as provided in paragraph (4.7) of this subsection 
(a), the rules and regulations shall provide that an 
additional 180 days of sentence credit shall be awarded to any 
prisoner who obtains a bachelor's degree while the prisoner is 
committed to the Department of Corrections. The sentence 
credit awarded under this paragraph (4.1) shall be in addition 
to, and shall not affect, the award of sentence credit under 
any other paragraph of this Section, but shall also be under 
the guidelines and restrictions set forth in paragraph (4) of 
this subsection (a). The sentence credit provided for in this 
paragraph shall be available only to those prisoners who have 
not earned a bachelor's degree prior to the current commitment 
to the Department of Corrections. If, after an award of the 
bachelor's degree sentence credit has been made, the 
Department determines that the prisoner was not eligible, then 
the award shall be revoked. The Department may also award 180 
days of sentence credit to any committed person who earned a 
bachelor's degree while he or she was held in pre-trial 
detention prior to the current commitment to the Department of 
Corrections.
    Except as provided in paragraph (4.7) of this subsection 
(a), the rules and regulations shall provide that an 
additional 180 days of sentence credit shall be awarded to any 
prisoner who obtains a master's or professional degree while 
the prisoner is committed to the Department of Corrections. 
The sentence credit awarded under this paragraph (4.1) shall 
be in addition to, and shall not affect, the award of sentence 
credit under any other paragraph of this Section, but shall 
also be under the guidelines and restrictions set forth in 
paragraph (4) of this subsection (a). The sentence credit 
provided for in this paragraph shall be available only to 
those prisoners who have not previously earned a master's or 
professional degree prior to the current commitment to the 
Department of Corrections. If, after an award of the master's 
or professional degree sentence credit has been made, the 
Department determines that the prisoner was not eligible, then 
the award shall be revoked. The Department may also award 180 
days of sentence credit to any committed person who earned a 
master's or professional degree while he or she was held in 
pre-trial detention prior to the current commitment to the 
Department of Corrections.
    (4.2)(A) The rules and regulations shall also provide that 
any prisoner engaged in self-improvement programs, volunteer 
work, or work assignments that are not otherwise eligible 
activities under paragraph (4), shall receive up to 0.5 days 
of sentence credit for each day in which the prisoner is 
engaged in activities described in this paragraph. 
    (B) The rules and regulations shall provide for the award 
of sentence credit under this paragraph (4.2) for qualifying 
days of engagement in eligible activities occurring prior to 
July 1, 2021 (the effective date of Public Act 101-652). 
    (4.5) The rules and regulations on sentence credit shall 
also provide that when the court's sentencing order recommends 
a prisoner for substance abuse treatment and the crime was 
committed on or after September 1, 2003 (the effective date of 
Public Act 93-354), the prisoner shall receive no sentence 
credit awarded under clause (3) of this subsection (a) unless 
he or she participates in and completes a substance abuse 
treatment program. The Director of Corrections may waive the 
requirement to participate in or complete a substance abuse 
treatment program in specific instances if the prisoner is not 
a good candidate for a substance abuse treatment program for 
medical, programming, or operational reasons. Availability of 
substance abuse treatment shall be subject to the limits of 
fiscal resources appropriated by the General Assembly for 
these purposes. If treatment is not available and the 
requirement to participate and complete the treatment has not 
been waived by the Director, the prisoner shall be placed on a 
waiting list under criteria established by the Department. The 
Director may allow a prisoner placed on a waiting list to 
participate in and complete a substance abuse education class 
or attend substance abuse self-help meetings in lieu of a 
substance abuse treatment program. A prisoner on a waiting 
list who is not placed in a substance abuse program prior to 
release may be eligible for a waiver and receive sentence 
credit under clause (3) of this subsection (a) at the 
discretion of the Director.
    (4.6) The rules and regulations on sentence credit shall 
also provide that a prisoner who has been convicted of a sex 
offense as defined in Section 2 of the Sex Offender 
Registration Act shall receive no sentence credit unless he or 
she either has successfully completed or is participating in 
sex offender treatment as defined by the Sex Offender 
Management Board. However, prisoners who are waiting to 
receive treatment, but who are unable to do so due solely to 
the lack of resources on the part of the Department, may, at 
either Director's sole discretion, be awarded sentence credit 
at a rate as the Director shall determine.
    (4.7) On or after January 1, 2018 (the effective date of 
Public Act 100-3), sentence credit under paragraph (3), (4), 
or (4.1) of this subsection (a) may be awarded to a prisoner 
who is serving a sentence for an offense described in 
paragraph (2), (2.3), (2.4), (2.5), or (2.6) for credit earned 
on or after January 1, 2018 (the effective date of Public Act 
100-3); provided, the award of the credits under this 
paragraph (4.7) shall not reduce the sentence of the prisoner 
to less than the following amounts:
        (i) 85% of his or her sentence if the prisoner is 
    required to serve 85% of his or her sentence; or 
        (ii) 60% of his or her sentence if the prisoner is 
    required to serve 75% of his or her sentence, except if the 
    prisoner is serving a sentence for gunrunning his or her 
    sentence shall not be reduced to less than 75%.
        (iii) 100% of his or her sentence if the prisoner is 
    required to serve 100% of his or her sentence.
    (5) Whenever the Department is to release any inmate 
earlier than it otherwise would because of a grant of earned 
sentence credit under paragraph (3) of subsection (a) of this 
Section given at any time during the term, the Department 
shall give reasonable notice of the impending release not less 
than 14 days prior to the date of the release to the State's 
Attorney of the county where the prosecution of the inmate 
took place, and if applicable, the State's Attorney of the 
county into which the inmate will be released. The Department 
must also make identification information and a recent photo 
of the inmate being released accessible on the Internet by 
means of a hyperlink labeled "Community Notification of Inmate 
Early Release" on the Department's World Wide Web homepage. 
The identification information shall include the inmate's: 
name, any known alias, date of birth, physical 
characteristics, commitment offense, and county where 
conviction was imposed. The identification information shall 
be placed on the website within 3 days of the inmate's release 
and the information may not be removed until either: 
completion of the first year of mandatory supervised release 
or return of the inmate to custody of the Department.
    (b) Whenever a person is or has been committed under 
several convictions, with separate sentences, the sentences 
shall be construed under Section 5-8-4 in granting and 
forfeiting of sentence credit.
    (c) (1) The Department shall prescribe rules and 
regulations for revoking sentence credit, including revoking 
sentence credit awarded under paragraph (3) of subsection (a) 
of this Section. The Department shall prescribe rules and 
regulations establishing and requiring the use of a sanctions 
matrix for revoking sentence credit. The Department shall 
prescribe rules and regulations for suspending or reducing the 
rate of accumulation of sentence credit for specific rule 
violations, during imprisonment. These rules and regulations 
shall provide that no inmate may be penalized more than one 
year of sentence credit for any one infraction.
    (2) When the Department seeks to revoke, suspend, or 
reduce the rate of accumulation of any sentence credits for an 
alleged infraction of its rules, it shall bring charges 
therefor against the prisoner sought to be so deprived of 
sentence credits before the Prisoner Review Board as provided 
in subparagraph (a)(4) of Section 3-3-2 of this Code, if the 
amount of credit at issue exceeds 30 days, whether from one 
infraction or cumulatively from multiple infractions arising 
out of a single event, or when, during any 12-month period, the 
cumulative amount of credit revoked exceeds 30 days except 
where the infraction is committed or discovered within 60 days 
of scheduled release. In those cases, the Department of 
Corrections may revoke up to 30 days of sentence credit. The 
Board may subsequently approve the revocation of additional 
sentence credit, if the Department seeks to revoke sentence 
credit in excess of 30 days. However, the Board shall not be 
empowered to review the Department's decision with respect to 
the loss of 30 days of sentence credit within any calendar year 
for any prisoner or to increase any penalty beyond the length 
requested by the Department.
    (3) The Director of Corrections or the Director of 
Juvenile Justice, in appropriate cases, may restore sentence 
credits which have been revoked, suspended, or reduced. The 
Department shall prescribe rules and regulations governing the 
restoration of sentence credits. These rules and regulations 
shall provide for the automatic restoration of sentence 
credits following a period in which the prisoner maintains a 
record without a disciplinary violation.
    Nothing contained in this Section shall prohibit the 
Prisoner Review Board from ordering, pursuant to Section 
3-3-9(a)(3)(i)(B), that a prisoner serve up to one year of the 
sentence imposed by the court that was not served due to the 
accumulation of sentence credit.
    (d) If a lawsuit is filed by a prisoner in an Illinois or 
federal court against the State, the Department of 
Corrections, or the Prisoner Review Board, or against any of 
their officers or employees, and the court makes a specific 
finding that a pleading, motion, or other paper filed by the 
prisoner is frivolous, the Department of Corrections shall 
conduct a hearing to revoke up to 180 days of sentence credit 
by bringing charges against the prisoner sought to be deprived 
of the sentence credits before the Prisoner Review Board as 
provided in subparagraph (a)(8) of Section 3-3-2 of this Code. 
If the prisoner has not accumulated 180 days of sentence 
credit at the time of the finding, then the Prisoner Review 
Board may revoke all sentence credit accumulated by the 
prisoner.
    For purposes of this subsection (d):
        (1) "Frivolous" means that a pleading, motion, or 
    other filing which purports to be a legal document filed 
    by a prisoner in his or her lawsuit meets any or all of the 
    following criteria:
            (A) it lacks an arguable basis either in law or in 
        fact;
            (B) it is being presented for any improper 
        purpose, such as to harass or to cause unnecessary 
        delay or needless increase in the cost of litigation;
            (C) the claims, defenses, and other legal 
        contentions therein are not warranted by existing law 
        or by a nonfrivolous argument for the extension, 
        modification, or reversal of existing law or the 
        establishment of new law;
            (D) the allegations and other factual contentions 
        do not have evidentiary support or, if specifically so 
        identified, are not likely to have evidentiary support 
        after a reasonable opportunity for further 
        investigation or discovery; or
            (E) the denials of factual contentions are not 
        warranted on the evidence, or if specifically so 
        identified, are not reasonably based on a lack of 
        information or belief.
        (2) "Lawsuit" means a motion pursuant to Section 116-3 
    of the Code of Criminal Procedure of 1963, a habeas corpus 
    action under Article X of the Code of Civil Procedure or 
    under federal law (28 U.S.C. 2254), a petition for claim 
    under the Court of Claims Act, an action under the federal 
    Civil Rights Act (42 U.S.C. 1983), or a second or 
    subsequent petition for post-conviction relief under 
    Article 122 of the Code of Criminal Procedure of 1963 
    whether filed with or without leave of court or a second or 
    subsequent petition for relief from judgment under Section 
    2-1401 of the Code of Civil Procedure.
    (e) Nothing in Public Act 90-592 or 90-593 affects the 
validity of Public Act 89-404.
    (f) Whenever the Department is to release any inmate who 
has been convicted of a violation of an order of protection 
under Section 12-3.4 or 12-30 of the Criminal Code of 1961 or 
the Criminal Code of 2012, earlier than it otherwise would 
because of a grant of sentence credit, the Department, as a 
condition of release, shall require that the person, upon 
release, be placed under electronic surveillance as provided 
in Section 5-8A-7 of this Code. 
(Source: P.A. 102-28, eff. 6-25-21; 102-558, eff. 8-20-21; 
102-784, eff. 5-13-22; 102-1100, eff. 1-1-23; 103-51, eff. 
1-1-24; 103-154, eff. 6-30-23; 103-330, eff. 1-1-24; revised 
12-15-23.)
 
    (730 ILCS 5/5-5-3.2)
    Sec. 5-5-3.2. Factors in aggravation and extended-term 
sentencing. 
    (a) The following factors shall be accorded weight in 
favor of imposing a term of imprisonment or may be considered 
by the court as reasons to impose a more severe sentence under 
Section 5-8-1 or Article 4.5 of Chapter V:
        (1) the defendant's conduct caused or threatened 
    serious harm;
        (2) the defendant received compensation for committing 
    the offense;
        (3) the defendant has a history of prior delinquency 
    or criminal activity;
        (4) the defendant, by the duties of his office or by 
    his position, was obliged to prevent the particular 
    offense committed or to bring the offenders committing it 
    to justice;
        (5) the defendant held public office at the time of 
    the offense, and the offense related to the conduct of 
    that office;
        (6) the defendant utilized his professional reputation 
    or position in the community to commit the offense, or to 
    afford him an easier means of committing it;
        (7) the sentence is necessary to deter others from 
    committing the same crime;
        (8) the defendant committed the offense against a 
    person 60 years of age or older or such person's property;
        (9) the defendant committed the offense against a 
    person who has a physical disability or such person's 
    property;
        (10) by reason of another individual's actual or 
    perceived race, color, creed, religion, ancestry, gender, 
    sexual orientation, physical or mental disability, or 
    national origin, the defendant committed the offense 
    against (i) the person or property of that individual; 
    (ii) the person or property of a person who has an 
    association with, is married to, or has a friendship with 
    the other individual; or (iii) the person or property of a 
    relative (by blood or marriage) of a person described in 
    clause (i) or (ii). For the purposes of this Section, 
    "sexual orientation" has the meaning ascribed to it in 
    paragraph (O-1) of Section 1-103 of the Illinois Human 
    Rights Act;
        (11) the offense took place in a place of worship or on 
    the grounds of a place of worship, immediately prior to, 
    during or immediately following worship services. For 
    purposes of this subparagraph, "place of worship" shall 
    mean any church, synagogue or other building, structure or 
    place used primarily for religious worship;
        (12) the defendant was convicted of a felony committed 
    while he was on pretrial release or his own recognizance 
    pending trial for a prior felony and was convicted of such 
    prior felony, or the defendant was convicted of a felony 
    committed while he was serving a period of probation, 
    conditional discharge, or mandatory supervised release 
    under subsection (d) of Section 5-8-1 for a prior felony;
        (13) the defendant committed or attempted to commit a 
    felony while he was wearing a bulletproof vest. For the 
    purposes of this paragraph (13), a bulletproof vest is any 
    device which is designed for the purpose of protecting the 
    wearer from bullets, shot or other lethal projectiles;
        (14) the defendant held a position of trust or 
    supervision such as, but not limited to, family member as 
    defined in Section 11-0.1 of the Criminal Code of 2012, 
    teacher, scout leader, baby sitter, or day care worker, in 
    relation to a victim under 18 years of age, and the 
    defendant committed an offense in violation of Section 
    11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-11, 
    11-14.4 except for an offense that involves keeping a 
    place of juvenile prostitution, 11-15.1, 11-19.1, 11-19.2, 
    11-20.1, 11-20.1B, 11-20.3, 12-13, 12-14, 12-14.1, 12-15 
    or 12-16 of the Criminal Code of 1961 or the Criminal Code 
    of 2012 against that victim;
        (15) the defendant committed an offense related to the 
    activities of an organized gang. For the purposes of this 
    factor, "organized gang" has the meaning ascribed to it in 
    Section 10 of the Streetgang Terrorism Omnibus Prevention 
    Act;
        (16) the defendant committed an offense in violation 
    of one of the following Sections while in a school, 
    regardless of the time of day or time of year; on any 
    conveyance owned, leased, or contracted by a school to 
    transport students to or from school or a school related 
    activity; on the real property of a school; or on a public 
    way within 1,000 feet of the real property comprising any 
    school: Section 10-1, 10-2, 10-5, 11-1.20, 11-1.30, 
    11-1.40, 11-1.50, 11-1.60, 11-14.4, 11-15.1, 11-17.1, 
    11-18.1, 11-19.1, 11-19.2, 12-2, 12-4, 12-4.1, 12-4.2, 
    12-4.3, 12-6, 12-6.1, 12-6.5, 12-13, 12-14, 12-14.1, 
    12-15, 12-16, 18-2, or 33A-2, or Section 12-3.05 except 
    for subdivision (a)(4) or (g)(1), of the Criminal Code of 
    1961 or the Criminal Code of 2012;
        (16.5) the defendant committed an offense in violation 
    of one of the following Sections while in a day care 
    center, regardless of the time of day or time of year; on 
    the real property of a day care center, regardless of the 
    time of day or time of year; or on a public way within 
    1,000 feet of the real property comprising any day care 
    center, regardless of the time of day or time of year: 
    Section 10-1, 10-2, 10-5, 11-1.20, 11-1.30, 11-1.40, 
    11-1.50, 11-1.60, 11-14.4, 11-15.1, 11-17.1, 11-18.1, 
    11-19.1, 11-19.2, 12-2, 12-4, 12-4.1, 12-4.2, 12-4.3, 
    12-6, 12-6.1, 12-6.5, 12-13, 12-14, 12-14.1, 12-15, 12-16, 
    18-2, or 33A-2, or Section 12-3.05 except for subdivision 
    (a)(4) or (g)(1), of the Criminal Code of 1961 or the 
    Criminal Code of 2012;
        (17) the defendant committed the offense by reason of 
    any person's activity as a community policing volunteer or 
    to prevent any person from engaging in activity as a 
    community policing volunteer. For the purpose of this 
    Section, "community policing volunteer" has the meaning 
    ascribed to it in Section 2-3.5 of the Criminal Code of 
    2012;
        (18) the defendant committed the offense in a nursing 
    home or on the real property comprising a nursing home. 
    For the purposes of this paragraph (18), "nursing home" 
    means a skilled nursing or intermediate long term care 
    facility that is subject to license by the Illinois 
    Department of Public Health under the Nursing Home Care 
    Act, the Specialized Mental Health Rehabilitation Act of 
    2013, the ID/DD Community Care Act, or the MC/DD Act;
        (19) the defendant was a federally licensed firearm 
    dealer and was previously convicted of a violation of 
    subsection (a) of Section 3 of the Firearm Owners 
    Identification Card Act and has now committed either a 
    felony violation of the Firearm Owners Identification Card 
    Act or an act of armed violence while armed with a firearm;
        (20) the defendant (i) committed the offense of 
    reckless homicide under Section 9-3 of the Criminal Code 
    of 1961 or the Criminal Code of 2012 or the offense of 
    driving under the influence of alcohol, other drug or 
    drugs, intoxicating compound or compounds or any 
    combination thereof under Section 11-501 of the Illinois 
    Vehicle Code or a similar provision of a local ordinance 
    and (ii) was operating a motor vehicle in excess of 20 
    miles per hour over the posted speed limit as provided in 
    Article VI of Chapter 11 of the Illinois Vehicle Code; 
        (21) the defendant (i) committed the offense of 
    reckless driving or aggravated reckless driving under 
    Section 11-503 of the Illinois Vehicle Code and (ii) was 
    operating a motor vehicle in excess of 20 miles per hour 
    over the posted speed limit as provided in Article VI of 
    Chapter 11 of the Illinois Vehicle Code;
        (22) the defendant committed the offense against a 
    person that the defendant knew, or reasonably should have 
    known, was a member of the Armed Forces of the United 
    States serving on active duty. For purposes of this clause 
    (22), the term "Armed Forces" means any of the Armed 
    Forces of the United States, including a member of any 
    reserve component thereof or National Guard unit called to 
    active duty; 
        (23) the defendant committed the offense against a 
    person who was elderly or infirm or who was a person with a 
    disability by taking advantage of a family or fiduciary 
    relationship with the elderly or infirm person or person 
    with a disability; 
        (24) the defendant committed any offense under Section 
    11-20.1 of the Criminal Code of 1961 or the Criminal Code 
    of 2012 and possessed 100 or more images; 
        (25) the defendant committed the offense while the 
    defendant or the victim was in a train, bus, or other 
    vehicle used for public transportation;
        (26) the defendant committed the offense of child 
    pornography or aggravated child pornography, specifically 
    including paragraph (1), (2), (3), (4), (5), or (7) of 
    subsection (a) of Section 11-20.1 of the Criminal Code of 
    1961 or the Criminal Code of 2012 where a child engaged in, 
    solicited for, depicted in, or posed in any act of sexual 
    penetration or bound, fettered, or subject to sadistic, 
    masochistic, or sadomasochistic abuse in a sexual context 
    and specifically including paragraph (1), (2), (3), (4), 
    (5), or (7) of subsection (a) of Section 11-20.1B or 
    Section 11-20.3 of the Criminal Code of 1961 where a child 
    engaged in, solicited for, depicted in, or posed in any 
    act of sexual penetration or bound, fettered, or subject 
    to sadistic, masochistic, or sadomasochistic abuse in a 
    sexual context;
        (27) the defendant committed the offense of first 
    degree murder, assault, aggravated assault, battery, 
    aggravated battery, robbery, armed robbery, or aggravated 
    robbery against a person who was a veteran and the 
    defendant knew, or reasonably should have known, that the 
    person was a veteran performing duties as a representative 
    of a veterans' organization. For the purposes of this 
    paragraph (27), "veteran" means an Illinois resident who 
    has served as a member of the United States Armed Forces, a 
    member of the Illinois National Guard, or a member of the 
    United States Reserve Forces; and "veterans' organization" 
    means an organization comprised of members of which 
    substantially all are individuals who are veterans or 
    spouses, widows, or widowers of veterans, the primary 
    purpose of which is to promote the welfare of its members 
    and to provide assistance to the general public in such a 
    way as to confer a public benefit; 
        (28) the defendant committed the offense of assault, 
    aggravated assault, battery, aggravated battery, robbery, 
    armed robbery, or aggravated robbery against a person that 
    the defendant knew or reasonably should have known was a 
    letter carrier or postal worker while that person was 
    performing his or her duties delivering mail for the 
    United States Postal Service;
        (29) the defendant committed the offense of criminal 
    sexual assault, aggravated criminal sexual assault, 
    criminal sexual abuse, or aggravated criminal sexual abuse 
    against a victim with an intellectual disability, and the 
    defendant holds a position of trust, authority, or 
    supervision in relation to the victim;
        (30) the defendant committed the offense of promoting 
    juvenile prostitution, patronizing a prostitute, or 
    patronizing a minor engaged in prostitution and at the 
    time of the commission of the offense knew that the 
    prostitute or minor engaged in prostitution was in the 
    custody or guardianship of the Department of Children and 
    Family Services;
        (31) the defendant (i) committed the offense of 
    driving while under the influence of alcohol, other drug 
    or drugs, intoxicating compound or compounds or any 
    combination thereof in violation of Section 11-501 of the 
    Illinois Vehicle Code or a similar provision of a local 
    ordinance and (ii) the defendant during the commission of 
    the offense was driving his or her vehicle upon a roadway 
    designated for one-way traffic in the opposite direction 
    of the direction indicated by official traffic control 
    devices; 
        (32) the defendant committed the offense of reckless 
    homicide while committing a violation of Section 11-907 of 
    the Illinois Vehicle Code; 
        (33) the defendant was found guilty of an 
    administrative infraction related to an act or acts of 
    public indecency or sexual misconduct in the penal 
    institution. In this paragraph (33), "penal institution" 
    has the same meaning as in Section 2-14 of the Criminal 
    Code of 2012; or
        (34) the defendant committed the offense of leaving 
    the scene of a crash in violation of subsection (b) of 
    Section 11-401 of the Illinois Vehicle Code and the crash 
    resulted in the death of a person and at the time of the 
    offense, the defendant was: (i) driving under the 
    influence of alcohol, other drug or drugs, intoxicating 
    compound or compounds or any combination thereof as 
    defined by Section 11-501 of the Illinois Vehicle Code; or 
    (ii) operating the motor vehicle while using an electronic 
    communication device as defined in Section 12-610.2 of the 
    Illinois Vehicle Code. 
    For the purposes of this Section:
    "School" is defined as a public or private elementary or 
secondary school, community college, college, or university.
    "Day care center" means a public or private State 
certified and licensed day care center as defined in Section 
2.09 of the Child Care Act of 1969 that displays a sign in 
plain view stating that the property is a day care center.
    "Intellectual disability" means significantly subaverage 
intellectual functioning which exists concurrently with 
impairment in adaptive behavior. 
    "Public transportation" means the transportation or 
conveyance of persons by means available to the general 
public, and includes paratransit services.
    "Traffic control devices" means all signs, signals, 
markings, and devices that conform to the Illinois Manual on 
Uniform Traffic Control Devices, placed or erected by 
authority of a public body or official having jurisdiction, 
for the purpose of regulating, warning, or guiding traffic. 
    (b) The following factors, related to all felonies, may be 
considered by the court as reasons to impose an extended term 
sentence under Section 5-8-2 upon any offender:
        (1) When a defendant is convicted of any felony, after 
    having been previously convicted in Illinois or any other 
    jurisdiction of the same or similar class felony or 
    greater class felony, when such conviction has occurred 
    within 10 years after the previous conviction, excluding 
    time spent in custody, and such charges are separately 
    brought and tried and arise out of different series of 
    acts; or
        (2) When a defendant is convicted of any felony and 
    the court finds that the offense was accompanied by 
    exceptionally brutal or heinous behavior indicative of 
    wanton cruelty; or
        (3) When a defendant is convicted of any felony 
    committed against:
            (i) a person under 12 years of age at the time of 
        the offense or such person's property;
            (ii) a person 60 years of age or older at the time 
        of the offense or such person's property; or
            (iii) a person who had a physical disability at 
        the time of the offense or such person's property; or
        (4) When a defendant is convicted of any felony and 
    the offense involved any of the following types of 
    specific misconduct committed as part of a ceremony, rite, 
    initiation, observance, performance, practice or activity 
    of any actual or ostensible religious, fraternal, or 
    social group:
            (i) the brutalizing or torturing of humans or 
        animals;
            (ii) the theft of human corpses;
            (iii) the kidnapping of humans;
            (iv) the desecration of any cemetery, religious, 
        fraternal, business, governmental, educational, or 
        other building or property; or
            (v) ritualized abuse of a child; or
        (5) When a defendant is convicted of a felony other 
    than conspiracy and the court finds that the felony was 
    committed under an agreement with 2 or more other persons 
    to commit that offense and the defendant, with respect to 
    the other individuals, occupied a position of organizer, 
    supervisor, financier, or any other position of management 
    or leadership, and the court further finds that the felony 
    committed was related to or in furtherance of the criminal 
    activities of an organized gang or was motivated by the 
    defendant's leadership in an organized gang; or
        (6) When a defendant is convicted of an offense 
    committed while using a firearm with a laser sight 
    attached to it. For purposes of this paragraph, "laser 
    sight" has the meaning ascribed to it in Section 26-7 of 
    the Criminal Code of 2012; or
        (7) When a defendant who was at least 17 years of age 
    at the time of the commission of the offense is convicted 
    of a felony and has been previously adjudicated a 
    delinquent minor under the Juvenile Court Act of 1987 for 
    an act that if committed by an adult would be a Class X or 
    Class 1 felony when the conviction has occurred within 10 
    years after the previous adjudication, excluding time 
    spent in custody; or
        (8) When a defendant commits any felony and the 
    defendant used, possessed, exercised control over, or 
    otherwise directed an animal to assault a law enforcement 
    officer engaged in the execution of his or her official 
    duties or in furtherance of the criminal activities of an 
    organized gang in which the defendant is engaged; or 
        (9) When a defendant commits any felony and the 
    defendant knowingly video or audio records the offense 
    with the intent to disseminate the recording. 
    (c) The following factors may be considered by the court 
as reasons to impose an extended term sentence under Section 
5-8-2 (730 ILCS 5/5-8-2) upon any offender for the listed 
offenses:
        (1) When a defendant is convicted of first degree 
    murder, after having been previously convicted in Illinois 
    of any offense listed under paragraph (c)(2) of Section 
    5-5-3 (730 ILCS 5/5-5-3), when that conviction has 
    occurred within 10 years after the previous conviction, 
    excluding time spent in custody, and the charges are 
    separately brought and tried and arise out of different 
    series of acts.
        (1.5) When a defendant is convicted of first degree 
    murder, after having been previously convicted of domestic 
    battery (720 ILCS 5/12-3.2) or aggravated domestic battery 
    (720 ILCS 5/12-3.3) committed on the same victim or after 
    having been previously convicted of violation of an order 
    of protection (720 ILCS 5/12-30) in which the same victim 
    was the protected person. 
        (2) When a defendant is convicted of voluntary 
    manslaughter, second degree murder, involuntary 
    manslaughter, or reckless homicide in which the defendant 
    has been convicted of causing the death of more than one 
    individual.
        (3) When a defendant is convicted of aggravated 
    criminal sexual assault or criminal sexual assault, when 
    there is a finding that aggravated criminal sexual assault 
    or criminal sexual assault was also committed on the same 
    victim by one or more other individuals, and the defendant 
    voluntarily participated in the crime with the knowledge 
    of the participation of the others in the crime, and the 
    commission of the crime was part of a single course of 
    conduct during which there was no substantial change in 
    the nature of the criminal objective.
        (4) If the victim was under 18 years of age at the time 
    of the commission of the offense, when a defendant is 
    convicted of aggravated criminal sexual assault or 
    predatory criminal sexual assault of a child under 
    subsection (a)(1) of Section 11-1.40 or subsection (a)(1) 
    of Section 12-14.1 of the Criminal Code of 1961 or the 
    Criminal Code of 2012 (720 ILCS 5/11-1.40 or 5/12-14.1).
        (5) When a defendant is convicted of a felony 
    violation of Section 24-1 of the Criminal Code of 1961 or 
    the Criminal Code of 2012 (720 ILCS 5/24-1) and there is a 
    finding that the defendant is a member of an organized 
    gang.
        (6) When a defendant was convicted of unlawful 
    possession use of weapons under Section 24-1 of the 
    Criminal Code of 1961 or the Criminal Code of 2012 (720 
    ILCS 5/24-1) for possessing a weapon that is not readily 
    distinguishable as one of the weapons enumerated in 
    Section 24-1 of the Criminal Code of 1961 or the Criminal 
    Code of 2012 (720 ILCS 5/24-1).
        (7) When a defendant is convicted of an offense 
    involving the illegal manufacture of a controlled 
    substance under Section 401 of the Illinois Controlled 
    Substances Act (720 ILCS 570/401), the illegal manufacture 
    of methamphetamine under Section 25 of the Methamphetamine 
    Control and Community Protection Act (720 ILCS 646/25), or 
    the illegal possession of explosives and an emergency 
    response officer in the performance of his or her duties 
    is killed or injured at the scene of the offense while 
    responding to the emergency caused by the commission of 
    the offense. In this paragraph, "emergency" means a 
    situation in which a person's life, health, or safety is 
    in jeopardy; and "emergency response officer" means a 
    peace officer, community policing volunteer, fireman, 
    emergency medical technician-ambulance, emergency medical 
    technician-intermediate, emergency medical 
    technician-paramedic, ambulance driver, other medical 
    assistance or first aid personnel, or hospital emergency 
    room personnel. 
        (8) When the defendant is convicted of attempted mob 
    action, solicitation to commit mob action, or conspiracy 
    to commit mob action under Section 8-1, 8-2, or 8-4 of the 
    Criminal Code of 2012, where the criminal object is a 
    violation of Section 25-1 of the Criminal Code of 2012, 
    and an electronic communication is used in the commission 
    of the offense. For the purposes of this paragraph (8), 
    "electronic communication" shall have the meaning provided 
    in Section 26.5-0.1 of the Criminal Code of 2012. 
    (d) For the purposes of this Section, "organized gang" has 
the meaning ascribed to it in Section 10 of the Illinois 
Streetgang Terrorism Omnibus Prevention Act.
    (e) The court may impose an extended term sentence under 
Article 4.5 of Chapter V upon an offender who has been 
convicted of a felony violation of Section 11-1.20, 11-1.30, 
11-1.40, 11-1.50, 11-1.60, 12-13, 12-14, 12-14.1, 12-15, or 
12-16 of the Criminal Code of 1961 or the Criminal Code of 2012 
when the victim of the offense is under 18 years of age at the 
time of the commission of the offense and, during the 
commission of the offense, the victim was under the influence 
of alcohol, regardless of whether or not the alcohol was 
supplied by the offender; and the offender, at the time of the 
commission of the offense, knew or should have known that the 
victim had consumed alcohol. 
(Source: P.A. 101-173, eff. 1-1-20; 101-401, eff. 1-1-20; 
101-417, eff. 1-1-20; 101-652, eff. 1-1-23; 102-558, eff. 
8-20-21; 102-982, eff. 7-1-23.)
 
    (730 ILCS 5/5-6-3.6)
    Sec. 5-6-3.6. First Time Weapon Offense Program.
    (a) The General Assembly has sought to promote public 
safety, reduce recidivism, and conserve valuable resources of 
the criminal justice system through the creation of diversion 
programs for non-violent offenders. This amendatory Act of the 
103rd General Assembly establishes a program for first-time, 
non-violent offenders charged with certain weapons possession 
offenses. The General Assembly recognizes some persons, 
particularly in areas of high crime or poverty, may have 
experienced trauma that contributes to poor decision making 
skills, and the creation of a diversionary program poses a 
greater benefit to the community and the person than 
incarceration. Under this program, a court, with the consent 
of the defendant and the State's Attorney, may sentence a 
defendant charged with an unlawful possession use of weapons 
offense under Section 24-1 of the Criminal Code of 2012 or 
aggravated unlawful possession use of a weapon offense under 
Section 24-1.6 of the Criminal Code of 2012, if punishable as a 
Class 4 felony or lower, to a First Time Weapon Offense 
Program.
    (b) A defendant is not eligible for this Program if:
        (1) the offense was committed during the commission of 
    a violent offense as defined in subsection (h) of this 
    Section;
        (2) he or she has previously been convicted or placed 
    on probation or conditional discharge for any violent 
    offense under the laws of this State, the laws of any other 
    state, or the laws of the United States;
        (3) he or she had a prior successful completion of the 
    First Time Weapon Offense Program under this Section;
        (4) he or she has previously been adjudicated a 
    delinquent minor for the commission of a violent offense;
        (5) (blank); or
        (6) he or she has an existing order of protection 
    issued against him or her.
    (b-5) In considering whether a defendant shall be 
sentenced to the First Time Weapon Offense Program, the court 
shall consider the following:
        (1) the age, immaturity, or limited mental capacity of 
    the defendant;
        (2) the nature and circumstances of the offense;
        (3) whether participation in the Program is in the 
    interest of the defendant's rehabilitation, including any 
    employment or involvement in community, educational, 
    training, or vocational programs;
        (4) whether the defendant suffers from trauma, as 
    supported by documentation or evaluation by a licensed 
    professional; and
        (5) the potential risk to public safety. 
    (c) For an offense committed on or after January 1, 2018 
(the effective date of Public Act 100-3) whenever an
 eligible 
person pleads guilty to an unlawful possession use
 of weapons 
offense under Section 24-1 of the Criminal Code of 2012 or 
aggravated unlawful possession use of a weapon offense under 
Section 24-1.6 of the Criminal Code of 2012, which is 
punishable as a Class 4 felony or lower, the court, with the 
consent of the defendant and the State's Attorney, may, 
without entering a judgment, sentence the defendant to 
complete the First Time Weapon Offense Program. When a 
defendant is placed in the Program, the court shall defer 
further proceedings in the case until the conclusion of the 
period or until the filing of a petition alleging violation of 
a term or condition of the Program. Upon violation of a term or 
condition of the Program, the court may enter a judgment on its 
original finding of guilt and proceed as otherwise provided by 
law. Upon fulfillment of the terms and conditions of the 
Program, the court shall discharge the person and dismiss the 
proceedings against the person.
    (d) The Program shall be at least 6 months and not to 
exceed 24 months, as determined by the court at the 
recommendation of the Program administrator and the State's 
Attorney. The Program administrator may be appointed by the 
Chief Judge of each Judicial Circuit. 
    (e) The conditions of the Program shall be that the 
defendant:
        (1) not violate any criminal statute of this State or 
    any other jurisdiction;
        (2) refrain from possessing a firearm or other 
    dangerous weapon;
        (3) (blank);
        (4) (blank);
        (5) (blank);
        (6) (blank);
        (7) attend and participate in any Program activities 
    deemed required by the Program administrator, such as: 
    counseling sessions, in-person and over the phone 
    check-ins, and educational classes; and
        (8) (blank).
    (f) The Program may, in addition to other conditions, 
require that the defendant:
        (1) obtain or attempt to obtain employment;
        (2) attend educational courses designed to prepare the 
    defendant for obtaining a high school diploma or to work 
    toward passing high school equivalency testing or to work 
    toward completing a vocational training program;
        (3) refrain from having in his or her body the 
    presence of any illicit drug prohibited by the 
    Methamphetamine Control and Community Protection Act or 
    the Illinois Controlled Substances Act, unless prescribed 
    by a physician, and submit samples of his or her blood or 
    urine or both for tests to determine the presence of any 
    illicit drug; 
        (4) perform community service;
        (5) pay all fines, assessments, fees, and costs; and
        (6) comply with such other reasonable conditions as 
    the court may impose. 
    (g) There may be only one discharge and dismissal under 
this Section. If a person is convicted of any offense which 
occurred within 5 years subsequent to a discharge and 
dismissal under this Section, the discharge and dismissal 
under this Section shall be admissible in the sentencing 
proceeding for that conviction as evidence in aggravation.
    (h) For purposes of this Section, "violent offense" means 
any offense in which bodily harm was inflicted or force was 
used against any person or threatened against any person; any 
offense involving the possession of a firearm or dangerous 
weapon; any offense involving sexual conduct, sexual 
penetration, or sexual exploitation; violation of an order of 
protection, stalking, hate crime, domestic battery, or any 
offense of domestic violence.
    (i) (Blank). 
(Source: P.A. 102-245, eff. 8-3-21; 102-1109, eff. 12-21-22; 
103-370, eff. 7-28-23.)
 
    Section 99. Effective date. This Act takes effect January 
1, 2025.

									INDEX
								

									Statutes amended in order of appearance
								
    225 ILCS 10/4.2from Ch. 23, par. 2214.2
    625 ILCS 5/6-206
    705 ILCS 405/1-7
    720 ILCS 5/2-13from Ch. 38, par. 2-13
    720 ILCS 5/8-2from Ch. 38, par. 8-2
    720 ILCS 5/24-1from Ch. 38, par. 24-1
    720 ILCS 5/24-1.1from Ch. 38, par. 24-1.1
    720 ILCS 5/24-1.6
    720 ILCS 5/24-1.7
    720 ILCS 5/24-2.1from Ch. 38, par. 24-2.1
    720 ILCS 5/24-3.6
    720 ILCS 5/24-11 new
    720 ILCS 5/36-1from Ch. 38, par. 36-1
    725 ILCS 5/110-6.1from Ch. 38, par. 110-6.1
    730 ILCS 5/3-6-3
    730 ILCS 5/5-5-3.2
    730 ILCS 5/5-6-3.6