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91_SB1112enr SB1112 Enrolled LRB9104147LDmbD 1 AN ACT in relation to criminal penalties, amending named 2 Acts. 3 Be it enacted by the People of the State of Illinois, 4 represented in the General Assembly: 5 Section 5. The Criminal Code of 1961 is amended by 6 changing Sections 8-4, 9-1.2, 10-2, 12-4.3, 12-11, 12-14, 7 12-14.1, 18-2, 18-4, 33A-1, 33A-2, and adding Sections 2-3.6, 8 2-7.5, and 2-15.5 as follows: 9 (720 ILCS 5/2-3.6 new) 10 Sec. 2-3.6. "Armed with a firearm". Except as otherwise 11 provided in a specific Section, a person is considered "armed 12 with a firearm" when he or she carries on or about his or her 13 person or is otherwise armed with a firearm. 14 (720 ILCS 5/2-7.5 new) 15 Sec. 5/2-7.5. "Firearm". Except as otherwise provided 16 in a specific Section, "firearm" has the meaning ascribed to 17 it in Section 1.1 of the Firearm Owners Identification Card 18 Act. 19 (720 ILCS 5/2-15.5 new) 20 Sec. 2-15.5. "Personally discharged a firearm". A 21 person is considered to have "personally discharged a 22 firearm" when he or she, while armed with a firearm, 23 knowingly and intentionally fires a firearm causing the 24 ammunition projectile to be forcefully expelled from the 25 firearm. 26 (720 ILCS 5/8-4) (from Ch. 38, par. 8-4) 27 Sec. 8-4. Attempt. 28 (a) Elements of the Offense. SB1112 Enrolled -2- LRB9104147LDmbD 1 A person commits an attempt when, with intent to commit a 2 specific offense, he does any act which constitutes a 3 substantial step toward the commission of that offense. 4 (b) Impossibility. 5 It shall not be a defense to a charge of attempt that 6 because of a misapprehension of the circumstances it would 7 have been impossible for the accused to commit the offense 8 attempted. 9 (c) Sentence. 10 A person convicted of an attempt may be fined or 11 imprisoned or both not to exceed the maximum provided for the 12 offense attempted but, except for an attempt to commit the 13 offense defined in Section 33A-2 of this Act, 14 (1) the sentence for attempt to commit first degree 15 murder is the sentence for a Class X felony, except that 16 (A) an attempt to commit first degree murder 17 when at least one of the aggravating factors 18 specified in paragraphs (1), (2) and (12) of 19 subsection (b) of Section 9-1 is present is a Class 20 X felony for which the sentence shall be a term of 21 imprisonment of not less than 20 years and not more 22 than 80 years; 23 (B) an attempt to commit first degree murder 24 while armed with a firearm is a Class X felony for 25 which 15 years shall be added to the term of 26 imprisonment imposed by the court; 27 (C) an attempt to commit first degree murder 28 during which the person personally discharged a 29 firearm is a Class X felony for which 20 years shall 30 be added to the term of imprisonment imposed by the 31 court; 32 (D) an attempt to commit first degree murder 33 during which the person personally discharged a 34 firearm that proximately caused great bodily harm, SB1112 Enrolled -3- LRB9104147LDmbD 1 permanent disability, permanent disfigurement, or 2 death to another person, is a Class X felony for 3 which 25 years or up to a term of natural life shall 4 be added to the term of imprisonment imposed by the 5 court. 6 (2) the sentence for attempt to commit a Class X 7 felony is the sentence for a Class 1 felony; 8 (3) the sentence for attempt to commit a Class 1 9 felony is the sentence for a Class 2 felony; 10 (4) the sentence for attempt to commit a Class 2 11 felony is the sentence for a Class 3 felony; and 12 (5) the sentence for attempt to commit any felony 13 other than those specified in Subsections (1), (2), (3) 14 and (4) hereof is the sentence for a Class A misdemeanor. 15 (Source: P.A. 87-921; 88-680, eff. 1-1-95.) 16 (720 ILCS 5/9-1.2) (from Ch. 38, par. 9-1.2) 17 Sec. 9-1.2. Intentional Homicide of an Unborn Child. (a) 18 A person commits the offense of intentional homicide of an 19 unborn child if, in performing acts which cause the death of 20 an unborn child, he without lawful justification: 21 (1) either intended to cause the death of or do great 22 bodily harm to the pregnant woman or her unborn child or knew 23 that such acts would cause death or great bodily harm to the 24 pregnant woman or her unborn child; or 25 (2) he knew that his acts created a strong probability 26 of death or great bodily harm to the pregnant woman or her 27 unborn child; and 28 (3) he knew that the woman was pregnant. 29 (b) For purposes of this Section, (1) "unborn child" 30 shall mean any individual of the human species from 31 fertilization until birth, and (2) "person" shall not include 32 the pregnant woman whose unborn child is killed. 33 (c) This Section shall not apply to acts which cause the SB1112 Enrolled -4- LRB9104147LDmbD 1 death of an unborn child if those acts were committed during 2 any abortion, as defined in Section 2 of the Illinois 3 Abortion Law of 1975, as amended, to which the pregnant woman 4 has consented. This Section shall not apply to acts which 5 were committed pursuant to usual and customary standards of 6 medical practice during diagnostic testing or therapeutic 7 treatment. 8 (d) Penalty. The sentence for intentional homicide of 9 an unborn child shall be the same as for first degree murder, 10 except that: 11 (1) the death penalty may not be imposed; 12 (2) if the person committed the offense while armed 13 with a firearm, 15 years shall be added to the term of 14 imprisonment imposed by the court; 15 (3) if, during the commission of the offense, the 16 person personally discharged a firearm, 20 years shall be 17 added to the term of imprisonment imposed by the court; 18 (4) if, during the commission of the offense, the 19 person personally discharged a firearm that proximately 20 caused great bodily harm, permanent disability, permanent 21 disfigurement, or death to another person, 25 years or up 22 to a term of natural life shall be added to the term of 23 imprisonment imposed by the court. 24 (e) The provisions of this Act shall not be construed to 25 prohibit the prosecution of any person under any other 26 provision of law. 27 (Source: P.A. 85-293.) 28 (720 ILCS 5/10-2) (from Ch. 38, par. 10-2) 29 Sec. 10-2. Aggravated kidnaping. 30 (a) A kidnaper within the definition of paragraph (a) of 31 Section 10-1 is guilty of the offense of aggravated 32 kidnaping when he: 33 (1) Kidnaps for the purpose of obtaining ransom SB1112 Enrolled -5- LRB9104147LDmbD 1 from the person kidnaped or from any other person, or 2 (2) Takes as his victim a child under the age of 13 3 years, or an institutionalized severely or profoundly 4 mentally retarded person, or 5 (3) Inflicts great bodily harm, other than by the 6 discharge of a firearm, or commits another felony upon 7 his victim, or 8 (4) Wears a hood, robe or mask or conceals his 9 identity, or 10 (5) Commits the offense of kidnaping while armed 11 with a dangerous weapon, other than a firearm, as defined 12 in Section 33A-1 of the "Criminal Code of 1961", or 13 (6) Commits the offense of kidnaping while armed 14 with a firearm, or 15 (7) During the commission of the offense of 16 kidnaping, personally discharged a firearm, or 17 (8) During the commission of the offense of 18 kidnaping, personally discharged a firearm that 19 proximately caused great bodily harm, permanent 20 disability, permanent disfigurement, or death to another 21 person. 22 As used in this Section, "ransom" includes money, benefit 23 or other valuable thing or concession. 24 (b) Sentence. Aggravated kidnaping in violation of 25 paragraph (1), (2), (3), (4), or (5) of subsection (a) is a 26 Class X felony. A violation of subsection (a)(6) is a Class X 27 felony for which 15 years shall be added to the term of 28 imprisonment imposed by the court. A violation of subsection 29 (a)(7) is a Class X felony for which 20 years shall be added 30 to the term of imprisonment imposed by the court. A violation 31 of subsection (a)(8) is a Class X felony for which 25 years 32 or up to a term of natural life shall be added to the term of 33 imprisonment imposed by the court. 34 A person who is convicted of a second or subsequent SB1112 Enrolled -6- LRB9104147LDmbD 1 offense of aggravated kidnaping shall be sentenced to a term 2 of natural life imprisonment; provided, however, that a 3 sentence of natural life imprisonment shall not be imposed 4 under this Section unless the second or subsequent offense 5 was committed after conviction on the first offense. 6 (Source: P.A. 89-707, eff. 6-1-97.) 7 (720 ILCS 5/12-4.3) (from Ch. 38, par. 12-4.3) 8 Sec. 12-4.3. Aggravated battery of a child. 9 (a) Any person of the age 18 years and upwards who 10 intentionally or knowingly, and without legal justification 11 and by any means, causes great bodily harm or permanent 12 disability or disfigurement to any child under the age of 13 13 years or to any institutionalized severely or profoundly 14 mentally retarded person, commits the offense of aggravated 15 battery of a child. 16 (b) Aggravated battery of a child is a Class X felony, 17 except that: 18 (1) if the person committed the offense while armed 19 with a firearm, 15 years shall be added to the term of 20 imprisonment imposed by the court; 21 (2) if, during the commission of the offense, the 22 person personally discharged a firearm, 20 years shall be 23 added to the term of imprisonment imposed by the court; 24 (3) if, during the commission of the offense, the 25 person personally discharged a firearm that proximately 26 caused great bodily harm, permanent disability, permanent 27 disfigurement, or death to another person, 25 years or up 28 to a term of natural life shall be added to the term of 29 imprisonment imposed by the court. 30 (Source: P.A. 89-313, eff. 1-1-96.) 31 (720 ILCS 5/12-11) (from Ch. 38, par. 12-11) 32 Sec. 12-11. Home Invasion. SB1112 Enrolled -7- LRB9104147LDmbD 1 (a) A person who is not a peace officer acting in the 2 line of duty commits home invasion when without authority he 3 or she knowingly enters the dwelling place of another when he 4 or she knows or has reason to know that one or more persons 5 is present or he or she knowingly enters the dwelling place 6 of another and remains in such dwelling place until he or she 7 knows or has reason to know that one or more persons is 8 present and 9 (1) While armed with a dangerous weapon, other than 10 a firearm, uses force or threatens the imminent use of 11 force upon any person or persons within such dwelling 12 place whether or not injury occurs, or 13 (2) Intentionally causes any injury, except as 14 provided in subsection (a)(5), to any person or persons 15 within such dwelling place, or 16 (3) While armed with a firearm uses force or 17 threatens the imminent use of force upon any person or 18 persons within such dwelling place whether or not injury 19 occurs, or 20 (4) Uses force or threatens the imminent use of 21 force upon any person or persons within such dwelling 22 place whether or not injury occurs and during the 23 commission of the offense personally discharges a 24 firearm, or 25 (5) Personally discharges a firearm that 26 proximately causes great bodily harm, permanent 27 disability, permanent disfigurement, or death to another 28 person within such dwelling place. 29 (b) It is an affirmative defense to a charge of home 30 invasion that the accused who knowingly enters the dwelling 31 place of another and remains in such dwelling place until he 32 or she knows or has reason to know that one or more persons 33 is present either immediately leaves such premises or 34 surrenders to the person or persons lawfully present therein SB1112 Enrolled -8- LRB9104147LDmbD 1 without either attempting to cause or causing serious bodily 2 injury to any person present therein. 3 (c) Sentence. Home invasion in violation of subsection 4 (a)(1) or (a)(2) is a Class X felony. A violation of 5 subsection (a)(3) is a Class X felony for which 15 years 6 shall be added to the term of imprisonment imposed by the 7 court. A violation of subsection (a)(4) is a Class X felony 8 for which 20 years shall be added to the term of imprisonment 9 imposed by the court. A violation of subsection (a)(5) is a 10 Class X felony for which 25 years or up to a term of natural 11 life shall be added to the term of imprisonment imposed by 12 the court. 13 (d) For purposes of this Section, "dwelling place of 14 another" includes a dwelling place where the defendant 15 maintains a tenancy interest but from which the defendant has 16 been barred by a divorce decree, judgment of dissolution of 17 marriage, order of protection, or other court order. 18 (Source: P.A. 90-787, eff. 8-14-98.) 19 (720 ILCS 5/12-14) (from Ch. 38, par. 12-14) 20 Sec. 12-14. Aggravated Criminal Sexual Assault. 21 (a) The accused commits aggravated criminal sexual 22 assault if he or she commits criminal sexual assault and any 23 of the following aggravating circumstances existed during, or 24 for the purposes of paragraph (7) of this subsection (a) as 25 part of the same course of conduct as, the commission of the 26 offense: 27 (1) the accused displayed, threatened to use, or 28 used a dangerous weapon, other than a firearm, or any 29 object fashioned or utilized in such a manner as to lead 30 the victim under the circumstances reasonably to believe 31 it to be a dangerous weapon; or 32 (2) the accused caused bodily harm, except as 33 provided in subsection (a)(10), to the victim; or SB1112 Enrolled -9- LRB9104147LDmbD 1 (3) the accused acted in such a manner as to 2 threaten or endanger the life of the victim or any other 3 person; or 4 (4) the criminal sexual assault was perpetrated 5 during the course of the commission or attempted 6 commission of any other felony by the accused; or 7 (5) the victim was 60 years of age or over when the 8 offense was committed; or 9 (6) the victim was a physically handicapped person; 10 or 11 (7) the accused delivered (by injection, 12 inhalation, ingestion, transfer of possession, or any 13 other means) to the victim without his or her consent, or 14 by threat or deception, and for other than medical 15 purposes, any controlled substance; or.16 (8) the accused was armed with a firearm; or 17 (9) the accused personally discharged a firearm 18 during the commission of the offense; or 19 (10) the accused, during the commission of the 20 offense, personally discharged a firearm that proximately 21 caused great bodily harm, permanent disability, permanent 22 disfigurement, or death to another person. 23 (b) The accused commits aggravated criminal sexual 24 assault if the accused was under 17 years of age and (i) 25 commits an act of sexual penetration with a victim who was 26 under 9 years of age when the act was committed; or (ii) 27 commits an act of sexual penetration with a victim who was at 28 least 9 years of age but under 13 years of age when the act 29 was committed and the accused used force or threat of force 30 to commit the act. 31 (c) The accused commits aggravated criminal sexual 32 assault if he or she commits an act of sexual penetration 33 with a victim who was an institutionalized severely or 34 profoundly mentally retarded person at the time the act was SB1112 Enrolled -10- LRB9104147LDmbD 1 committed. 2 (d) Sentence. 3 (1) Aggravated criminal sexual assault in violation 4 of paragraph (1), (2), (3), (4), (5), (6), or (7) of 5 subsection (a) is a Class X felony. A violation of 6 subsection (a)(8) is a Class X felony for which 15 years 7 shall be added to the term of imprisonment imposed by the 8 court. A violation of subsection (a)(9) is a Class X 9 felony for which 20 years shall be added to the term of 10 imprisonment imposed by the court. A violation of 11 subsection (a)(10) is a Class X felony for which 25 years 12 or up to a term of natural life imprisonment shall be 13 added to the term of imprisonment imposed by the court. 14 (2) A person who is convicted of a second or 15 subsequent offense of aggravated criminal sexual assault, 16 or who is convicted of the offense of aggravated criminal 17 sexual assault after having previously been convicted of 18 the offense of criminal sexual assault or the offense of 19 predatory criminal sexual assault of a child, or who is 20 convicted of the offense of aggravated criminal sexual 21 assault after having previously been convicted under the 22 laws of this or any other state of an offense that is 23 substantially equivalent to the offense of criminal 24 sexual assault, the offense of aggravated criminal sexual 25 assault or the offense of predatory criminal sexual 26 assault of a child, shall be sentenced to a term of 27 natural life imprisonment. The commission of the second 28 or subsequent offense is required to have been after the 29 initial conviction for this paragraph (2) to apply. 30 (Source: P.A. 89-428, eff. 12-13-95; 89-462, eff. 5-29-96; 31 90-396, eff. 1-1-98; 90-735, eff. 8-11-98.) 32 (720 ILCS 5/12-14.1) 33 Sec. 12-14.1. Predatory criminal sexual assault of a SB1112 Enrolled -11- LRB9104147LDmbD 1 child. 2 (a) The accused commits predatory criminal sexual 3 assault of a child if: 4 (1) the accused was 17 years of age or over and 5 commits an act of sexual penetration with a victim who 6 was under 13 years of age when the act was committed; or 7 (1.1) the accused was 17 years of age or over and, 8 while armed with a firearm, commits an act of sexual 9 penetration with a victim who was under 13 years of age 10 when the act was committed; or 11 (1.2) the accused was 17 years of age or over and 12 commits an act of sexual penetration with a victim who 13 was under 13 years of age when the act was committed and, 14 during the commission of the offense, the accused 15 personally discharged a firearm; or 16 (2) the accused was 17 years of age or over and 17 commits an act of sexual penetration with a victim who 18 was under 13 years of age when the act was committed and 19 the accused caused great bodily harm to the victim that: 20 (A) resulted in permanent disability; or 21 (B) was life threatening; or 22 (3) the accused was 17 years of age or over and 23 commits an act of sexual penetration with a victim who 24 was under 13 years of age when the act was committed and 25 the accused delivered (by injection, inhalation, 26 ingestion, transfer of possession, or any other means) to 27 the victim without his or her consent, or by threat or 28 deception, and for other than medical purposes, any 29 controlled substance. 30 (b) Sentence. 31 (1) A person convicted of a violation of subsection 32 (a)(1) commits a Class X felony. A person convicted of a 33 violation of subsection (a)(1.1) commits a Class X felony 34 for which 15 years shall be added to the term of SB1112 Enrolled -12- LRB9104147LDmbD 1 imprisonment imposed by the court. A person convicted of 2 a violation of subsection (a)(1.2) commits a Class X 3 felony for which 20 years shall be added to the term of 4 imprisonment imposed by the court. A person convicted of 5 a violation of subsection (a)(2) commits a Class X felony 6 for which the person shall be sentenced to a term of 7 imprisonment of not less than 50 years or up to a term of 8 natural life imprisonment. A person convicted of a 9 violation of subsection(a)(2) or(a) (3) commits a Class 10 X felony for which the person shall be sentenced to a 11 term of imprisonment of not less than 50 years and not 12 more than 60 years. 13 (2) A person who is convicted of a second or 14 subsequent offense of predatory criminal sexual assault 15 of a child, or who is convicted of the offense of 16 predatory criminal sexual assault of a child after having 17 previously been convicted of the offense of criminal 18 sexual assault or the offense of aggravated criminal 19 sexual assault, or who is convicted of the offense of 20 predatory criminal sexual assault of a child after having 21 previously been convicted under the laws of this State or 22 any other state of an offense that is substantially 23 equivalent to the offense of predatory criminal sexual 24 assault of a child, the offense of aggravated criminal 25 sexual assault or the offense of criminal sexual assault, 26 shall be sentenced to a term of natural life 27 imprisonment. The commission of the second or subsequent 28 offense is required to have been after the initial 29 conviction for this paragraph (2) to apply. 30 (Source: P.A. 89-428, eff. 12-13-95; 89-462, eff. 5-29-96; 31 90-396, eff. 1-1-98; 90-735, eff. 8-11-98.) 32 (720 ILCS 5/18-2) (from Ch. 38, par. 18-2) 33 Sec. 18-2. Armed robbery. SB1112 Enrolled -13- LRB9104147LDmbD 1 (a) A person commits armed robbery when he or she 2 violates Section 18-1; and 3 (1)whilehe or she carries on or about his or her 4 person,or is otherwise armed with a dangerous weapon 5 other than a firearm; or 6 (2) he or she carries on or about his or her person 7 or is otherwise armed with a firearm; or 8 (3) he or she, during the commission of the 9 offense, personally discharges a firearm; or 10 (4) he or she, during the commission of the 11 offense, personally discharges a firearm that proximately 12 causes great bodily harm, permanent disability, permanent 13 disfigurement, or death to another person. 14 (b) Sentence. 15 Armed robbery in violation of subsection (a)(1) is a 16 Class X felony. A violation of subsection (a)(2) is a Class X 17 felony for which 15 years shall be added to the term of 18 imprisonment imposed by the court. A violation of subsection 19 (a)(3) is a Class X felony for which 20 years shall be added 20 to the term of imprisonment imposed by the court. A violation 21 of subsection (a)(4) is a Class X felony for which 25 years 22 or up to a term of natural life shall be added to the term of 23 imprisonment imposed by the court. 24 (Source: P.A. 80-1099.) 25 (720 ILCS 5/18-4) 26 Sec. 18-4. Aggravated vehicular hijacking. 27 (a) A person commits aggravated vehicular hijacking when 28 he or she violates Section 18-3; and 29 (1) the person from whose immediate presence the 30 motor vehicle is taken is a physically handicapped person 31 or a person 60 years of age or over; or 32 (2) a person under 16 years of age is a passenger 33 in the motor vehicle at the time of the offense; or SB1112 Enrolled -14- LRB9104147LDmbD 1 (3) he or she carries on or about his or her 2 person, or is otherwise armed with a dangerous weapon, 3 other than a firearm; or 4 (4) he or she carries on or about his or her person 5 or is otherwise armed with a firearm; or 6 (5) he or she, during the commission of the 7 offense, personally discharges a firearm; or 8 (6) he or she, during the commission of the 9 offense, personally discharges a firearm that proximately 10 causes great bodily harm, permanent disability, permanent 11 disfigurement, or death to another person. 12 (b) Sentence. Aggravated vehicular hijacking in 13 violation of subsections (a)(1) or (a)(2) is a Class X 14 felony. Aggravated vehicular hijacking in violation of 15 subsection (a)(3) is a Class X felony for which a term of 16 imprisonment of not less than 7 years shall be imposed. 17 Aggravated vehicular hijacking in violation of subsection 18 (a)(4) is a Class X felony for which 15 years shall be added 19 to the term of imprisonment imposed by the court. Aggravated 20 vehicular hijacking in violation of subsection (a)(5) is a 21 Class X felony for which 20 years shall be added to the term 22 of imprisonment imposed by the court. Aggravated vehicular 23 hijacking in violation of subsection (a)(6) is a Class X 24 felony for which 25 years or up to a term of natural life 25 shall be added to the term of imprisonment imposed by the 26 court. 27 (Source: P.A. 88-351.) 28 (720 ILCS 5/33A-1) (from Ch. 38, par. 33A-1) 29 Sec. 33A-1. Legislative intent and definitions. 30 (a) Legislative findings. The legislature finds and 31 declares the following: 32 (1) The use of a dangerous weapon in the commission 33 of a felony offense poses a much greater threat to the SB1112 Enrolled -15- LRB9104147LDmbD 1 public health, safety, and general welfare, than when a 2 weapon is not used in the commission of the offense. 3 (2) Further, the use of a firearm greatly 4 facilitates the commission of a criminal offense because 5 of the more lethal nature of a firearm and the greater 6 perceived threat produced in those confronted by a person 7 wielding a firearm. Unlike other dangerous weapons such 8 as knives and clubs, the use of a firearm in the 9 commission of a criminal felony offense significantly 10 escalates the threat and the potential for bodily harm, 11 and the greater range of the firearm increases the 12 potential for harm to more persons. Not only are the 13 victims and bystanders at greater risk when a firearm is 14 used, but also the law enforcement officers whose duty 15 is to confront and apprehend the armed suspect. 16 (3) Current law does contain offenses involving the 17 use or discharge of a gun toward or against a person, 18 such as aggravated battery with a firearm, aggravated 19 discharge of a firearm, and reckless discharge of a 20 firearm; however, the General Assembly has legislated 21 greater penalties for the commission of a felony while in 22 possession of a firearm because it deems such acts as 23 more serious. 24 (b) Legislative intent. 25 (1) In order to deter the use of firearms in the 26 commission of a felony offense, the General Assembly 27 deems it appropriate for a greater penalty to be imposed 28 when a firearm is used or discharged in the commission of 29 an offense than the penalty imposed for using other types 30 of weapons and for the penalty to increase on more 31 serious offenses. 32 (2) With the additional elements of the discharge 33 of a firearm and great bodily harm inflicted by a firearm 34 being added to armed violence and other serious felony SB1112 Enrolled -16- LRB9104147LDmbD 1 offenses, it is the intent of the General Assembly to 2 punish those elements more severely during commission of 3 a felony offense than when those elements stand alone as 4 the act of the offender. 5 (3) It is the intent of the 91st General Assembly 6 that should Public Act 88-680 be declared 7 unconstitutional for a violation of Article 4, Section 8 8 of the 1970 Constitution of the State of Illinois, the 9 amendatory changes made by Public Act 88-680 to Article 10 33A of the Criminal Code of 1961 and which are set forth 11 as law in this amendatory Act of the 91st General 12 Assembly are hereby reenacted by this amendatory Act of 13 the 91st General Assembly. 14 (c) Definitions. 15 (1)(a)"Armed with a dangerous weapon". A person 16 is considered armed with a dangerous weapon for purposes 17 of this Article, when he or she carries on or about his 18 or her person or is otherwise armed with a Category I, 19 Category II, or Category III weapon. 20 (2)(b)A Category I weapon is a handgun, sawed-off 21 shotgun, sawed-off rifle, any other firearm small enough 22 to be concealed upon the person, semiautomatic firearm, 23 or machine gun. A Category II weapon is any other rifle, 24 shotgun, spring gun, other firearm, stun gun or taser as 25 defined in paragraph (a) of Section 24-1 of this Code, 26 knife with a blade of at least 3 inches in length, 27 dagger, dirk, switchblade knife, stiletto, axe, hatchet, 28 or other deadly or dangerous weapon or instrument of like 29 character. As used in this subsection (b) "semiautomatic 30 firearm" means a repeating firearm that utilizes a 31 portion of the energy of a firing cartridge to extract 32 the fired cartridge case and chamber the next round and 33 that requires a separate pull of the trigger to fire each 34 cartridge. SB1112 Enrolled -17- LRB9104147LDmbD 1 (3)(c)A Category III weapon is a bludgeon, 2 black-jack, slungshot, sand-bag, sand-club, metal 3 knuckles, billy, or other dangerous weapon of like 4 character. 5 (Source: P.A. 88-680, eff. 1-1-95.) 6 (720 ILCS 5/33A-2) (from Ch. 38, par. 33A-2) 7 Sec. 33A-2. Armed violence-Elements of the offense. 8 (a) A person commits armed violence when, while armed 9 with a dangerous weapon, he commits any felony defined by 10 Illinois Law, except first degree murder, attempted first 11 degree murder, intentional homicide of an unborn child, 12 predatory criminal sexual assault of a child, aggravated 13 criminal sexual assault, aggravated kidnaping, aggravated 14 battery of a child, home invasion, armed robbery, or 15 aggravated vehicular hijacking. 16 (b) A person commits armed violence when he or she 17 personally discharges a firearm that is a Category I or 18 Category II weapon while committing any felony defined by 19 Illinois law, except first degree murder, attempted first 20 degree murder, intentional homicide of an unborn child, 21 predatory criminal sexual assault of a child, aggravated 22 criminal sexual assault, aggravated kidnaping, aggravated 23 battery of a child, home invasion, armed robbery, or 24 aggravated vehicular hijacking. 25 (c) A person commits armed violence when he or she 26 personally discharges a firearm that is a Category I or 27 Category II weapon that proximately causes great bodily harm, 28 permanent disability, or permanent disfigurement or death to 29 another person while committing any felony defined by 30 Illinois law, except first degree murder, attempted first 31 degree murder, intentional homicide of an unborn child, 32 predatory criminal sexual assault of a child, aggravated 33 criminal sexual assault, aggravated kidnaping, aggravated SB1112 Enrolled -18- LRB9104147LDmbD 1 battery of a child, home invasion, armed robbery, or 2 aggravated vehicular hijacking. 3 (d) This Section does not apply to violations of the 4 Fish and Aquatic Life Code or the Wildlife Code. 5 (Source: P.A. 80-1099.) 6 (720 ILCS 5/33A-3) (from Ch. 38, par. 33A-3) 7 Sec. 33A-3. Sentence. 8 (a) Violation of Section 33A-2(a)33A-2with a Category 9 I weapon is a Class X felony for which the defendant shall be 10 sentenced to a minimum term of imprisonment of 15 years. 11 (a-5) Violation of Section 33A-2(a)33A-2with a 12 Category II weapon is a Class X felony for which the 13 defendant shall be sentenced to a minimum term of 14 imprisonment of 10 years. 15 (b) Violation of Section 33A-2(a)33A-2with a Category 16 III weapon is a Class 2 felony or the felony classification 17 provided for the same act while unarmed, whichever permits 18 the greater penalty. A second or subsequent violation of 19 Section 33A-2(a)33A-2with a Category III weapon is a Class 20 1 felony or the felony classification provided for the same 21 act while unarmed, whichever permits the greater penalty. 22 (b-5) Violation of Section 33A-2(b) with a firearm that 23 is a Category I or Category II weapon is a Class X felony for 24 which the defendant shall be sentenced to a minimum term of 25 imprisonment of 20 years. 26 (b-10) Violation of Section 33A-2(c) with a firearm that 27 is a Category I or Category II weapon is a Class X felony for 28 which the defendant shall be sentenced to a term of 29 imprisonment of not less than 25 years nor more than 40 30 years. 31 (c) Unless sentencing under Section 33B-1 is applicable, 32 any person who violates subsection (a) or (b) of Section 33 33A-2 with a firearm, when that person has been convicted in SB1112 Enrolled -19- LRB9104147LDmbD 1 any state or federal court of 3 or more of the following 2 offenses: treason, first degree murder, second degree murder, 3 predatory criminal sexual assault of a child, aggravated 4 criminal sexual assault, criminal sexual assault, robbery, 5 burglary, arson, kidnaping, aggravated battery resulting in 6 great bodily harm or permanent disability or disfigurement, 7 or a violation of Section 401(a) of the Illinois Controlled 8 Substances Act, when the third offense was committed after 9 conviction on the second, the second offense was committed 10 after conviction on the first, and the violation of Section 11 33A-2 was committed after conviction on the third, shall be 12 sentenced to a term of imprisonment of not less than 25 years 13 nor more than 50 years. 14 (c-5) Except as otherwise provided in paragraph (b-10) 15 or (c) of this Section, a person who violates Section 16 33A-2(a) with a firearm that is a Category I weapon or 17 Section 33A-2(b) in any school, in any conveyance owned, 18 leased, or contracted by a school to transport students to or 19 from school or a school related activity, or on the real 20 property comprising any school or public park, and where the 21 offense was related to the activities of an organized gang, 22 shall be sentenced to a term of imprisonment of not less than 23 the term set forth in subsection (a) or (b-5) of this 24 Section, whichever is applicable, and not more than 30 years. 25 For the purposes of this subsection (c-5), "organized gang" 26 has the meaning ascribed to it in Section 10 of the Illinois 27 Streetgang Terrorism Omnibus Prevention Act. 28 (d) For armed violence based upon a predicate offense 29 listed in this subsection (d) the court shall enter the 30 sentence for armed violence to run consecutively to the 31 sentence imposed for the predicate offense. The offenses 32 covered by this provision are: 33 (i) solicitation of murder, 34 (ii) solicitation of murder for hire, SB1112 Enrolled -20- LRB9104147LDmbD 1 (iii) heinous battery, 2 (iv) aggravated battery of a senior citizen, 3 (v) criminal sexual assault, 4 (vi) a violation of subsection (g) of Section 5 of 5 the Cannabis Control Act, 6 (vii) cannabis trafficking, 7 (viii) a violation of subsection (a) of Section 401 8 of the Illinois Controlled Substances Act, 9 (ix) controlled substance trafficking involving a 10 Class X felony amount of controlled substance under 11 Section 401 of the Illinois Controlled Substances Act, 12 (x) calculated criminal drug conspiracy, or 13 (xi) streetgang criminal drug conspiracy. 14 (Source: P.A. 88-467; 88-680, eff. 1-1-95; 89-428, eff. 15 12-13-95; 89-462, eff. 5-29-96.) 16 Section 10. The Unified Code of Corrections is amended 17 by changing Sections 5-5-3, 5-8-1, and 5-8-4 as follows: 18 (730 ILCS 5/5-5-3) (from Ch. 38, par. 1005-5-3) 19 Sec. 5-5-3. Disposition. 20 (a) Every person convicted of an offense shall be 21 sentenced as provided in this Section. 22 (b) The following options shall be appropriate 23 dispositions, alone or in combination, for all felonies and 24 misdemeanors other than those identified in subsection (c) of 25 this Section: 26 (1) A period of probation. 27 (2) A term of periodic imprisonment. 28 (3) A term of conditional discharge. 29 (4) A term of imprisonment. 30 (5) An order directing the offender to clean up and 31 repair the damage, if the offender was convicted under 32 paragraph (h) of Section 21-1 of the Criminal Code of SB1112 Enrolled -21- LRB9104147LDmbD 1 1961. 2 (6) A fine. 3 (7) An order directing the offender to make 4 restitution to the victim under Section 5-5-6 of this 5 Code. 6 (8) A sentence of participation in a county impact 7 incarceration program under Section 5-8-1.2 of this Code. 8 Whenever an individual is sentenced for an offense based 9 upon an arrest for a violation of Section 11-501 of the 10 Illinois Vehicle Code, or a similar provision of a local 11 ordinance, and the professional evaluation recommends 12 remedial or rehabilitative treatment or education, neither 13 the treatment nor the education shall be the sole disposition 14 and either or both may be imposed only in conjunction with 15 another disposition. The court shall monitor compliance with 16 any remedial education or treatment recommendations contained 17 in the professional evaluation. Programs conducting alcohol 18 or other drug evaluation or remedial education must be 19 licensed by the Department of Human Services. However, if 20 the individual is not a resident of Illinois, the court may 21 accept an alcohol or other drug evaluation or remedial 22 education program in the state of such individual's 23 residence. Programs providing treatment must be licensed 24 under existing applicable alcoholism and drug treatment 25 licensure standards. 26 In addition to any other fine or penalty required by law, 27 any individual convicted of a violation of Section 11-501 of 28 the Illinois Vehicle Code or a similar provision of local 29 ordinance, whose operation of a motor vehicle while in 30 violation of Section 11-501 or such ordinance proximately 31 caused an incident resulting in an appropriate emergency 32 response, shall be required to make restitution to a public 33 agency for the costs of that emergency response. Such 34 restitution shall not exceed $500 per public agency for each SB1112 Enrolled -22- LRB9104147LDmbD 1 such emergency response. For the purpose of this paragraph, 2 emergency response shall mean any incident requiring a 3 response by: a police officer as defined under Section 1-162 4 of the Illinois Vehicle Code; a fireman carried on the rolls 5 of a regularly constituted fire department; and an ambulance 6 as defined under Section 4.05 of the Emergency Medical 7 Services (EMS) Systems Act. 8 Neither a fine nor restitution shall be the sole 9 disposition for a felony and either or both may be imposed 10 only in conjunction with another disposition. 11 (c) (1) When a defendant is found guilty of first degree 12 murder the State may either seek a sentence of 13 imprisonment under Section 5-8-1 of this Code, or where 14 appropriate seek a sentence of death under Section 9-1 of 15 the Criminal Code of 1961. 16 (2) A period of probation, a term of periodic 17 imprisonment or conditional discharge shall not be 18 imposed for the following offenses. The court shall 19 sentence the offender to not less than the minimum term 20 of imprisonment set forth in this Code for the following 21 offenses, and may order a fine or restitution or both in 22 conjunction with such term of imprisonment: 23 (A) First degree murder where the death 24 penalty is not imposed. 25 (B) Attempted first degree murder. 26 (C) A Class X felony. 27 (D) A violation of Section 401.1 or 407 of the 28 Illinois Controlled Substances Act, or a violation 29 of subdivision (c)(2) of Section 401 of that Act 30 which relates to more than 5 grams of a substance 31 containing cocaine or an analog thereof. 32 (E) A violation of Section 5.1 or 9 of the 33 Cannabis Control Act. 34 (F) A Class 2 or greater felony if the SB1112 Enrolled -23- LRB9104147LDmbD 1 offender had been convicted of a Class 2 or greater 2 felony within 10 years of the date on which he 3 committed the offense for which he is being 4 sentenced. 5 (G) Residential burglary. 6 (H) Criminal sexual assault, except as 7 otherwise provided in subsection (e) of this 8 Section. 9 (I) Aggravated battery of a senior citizen. 10 (J) A forcible felony if the offense was 11 related to the activities of an organized gang. 12 Before July 1, 1994, for the purposes of this 13 paragraph, "organized gang" means an association of 14 5 or more persons, with an established hierarchy, 15 that encourages members of the association to 16 perpetrate crimes or provides support to the members 17 of the association who do commit crimes. 18 Beginning July 1, 1994, for the purposes of 19 this paragraph, "organized gang" has the meaning 20 ascribed to it in Section 10 of the Illinois 21 Streetgang Terrorism Omnibus Prevention Act. 22 (K) Vehicular hijacking. 23 (L) A second or subsequent conviction for the 24 offense of hate crime when the underlying offense 25 upon which the hate crime is based is felony 26 aggravated assault or felony mob action. 27 (M) A second or subsequent conviction for the 28 offense of institutional vandalism if the damage to 29 the property exceeds $300. 30 (N) A Class 3 felony violation of paragraph 31 (1) of subsection (a) of Section 2 of the Firearm 32 Owners Identification Card Act. 33 (O) A violation of Section 12-6.1 of the 34 Criminal Code of 1961. SB1112 Enrolled -24- LRB9104147LDmbD 1 (P) A violation of paragraph (1), (2), (3), 2 (4), (5), or (7) of subsection (a) of Section 3 11-20.1 of the Criminal Code of 1961. 4 (Q) A violation of Section 20-1.2 of the 5 Criminal Code of 1961. 6 (R)(Q)A violation of Section 24-3A of the 7 Criminal Code of 1961. 8 (3) A minimum term of imprisonment of not less than 9 48 consecutive hours or 100 hours of community service as 10 may be determined by the court shall be imposed for a 11 second or subsequent violation committed within 5 years 12 of a previous violation of Section 11-501 of the Illinois 13 Vehicle Code or a similar provision of a local ordinance. 14 (4) A minimum term of imprisonment of not less than 15 7 consecutive days or 30 days of community service shall 16 be imposed for a violation of paragraph (c) of Section 17 6-303 of the Illinois Vehicle Code. 18 (4.1) A minimum term of 30 consecutive days of 19 imprisonment, 40 days of 24 hour periodic imprisonment or 20 720 hours of community service, as may be determined by 21 the court, shall be imposed for a violation of Section 22 11-501 of the Illinois Vehicle Code during a period in 23 which the defendant's driving privileges are revoked or 24 suspended, where the revocation or suspension was for a 25 violation of Section 11-501 or Section 11-501.1 of that 26 Code. 27 (5) The court may sentence an offender convicted of 28 a business offense or a petty offense or a corporation or 29 unincorporated association convicted of any offense to: 30 (A) a period of conditional discharge; 31 (B) a fine; 32 (C) make restitution to the victim under 33 Section 5-5-6 of this Code. 34 (6) In no case shall an offender be eligible for a SB1112 Enrolled -25- LRB9104147LDmbD 1 disposition of probation or conditional discharge for a 2 Class 1 felony committed while he was serving a term of 3 probation or conditional discharge for a felony. 4 (7) When a defendant is adjudged a habitual 5 criminal under Article 33B of the Criminal Code of 1961, 6 the court shall sentence the defendant to a term of 7 natural life imprisonment. 8 (8) When a defendant, over the age of 21 years, is 9 convicted of a Class 1 or Class 2 felony, after having 10 twice been convicted of any Class 2 or greater Class 11 felonies in Illinois, and such charges are separately 12 brought and tried and arise out of different series of 13 acts, such defendant shall be sentenced as a Class X 14 offender. This paragraph shall not apply unless (1) the 15 first felony was committed after the effective date of 16 this amendatory Act of 1977; and (2) the second felony 17 was committed after conviction on the first; and (3) the 18 third felony was committed after conviction on the 19 second. 20 (9) A defendant convicted of a second or subsequent 21 offense of ritualized abuse of a child may be sentenced 22 to a term of natural life imprisonment. 23(10) Beginning July 1, 1994, unless sentencing24under Section 33B-1 is applicable, a term of imprisonment25of not less than 15 years nor more than 50 years shall be26imposed on a defendant who violates Section 33A-2 of the27Criminal Code of 1961 with a firearm, when that person28has been convicted in any state or federal court of 3 or29more of the following offenses: treason, first degree30murder, second degree murder, aggravated criminal sexual31assault, criminal sexual assault, robbery, burglary,32arson, kidnaping, aggravated battery resulting in great33bodily harm or permanent disability or disfigurement, or34a violation of Section 401(a) of the Illinois ControlledSB1112 Enrolled -26- LRB9104147LDmbD 1Substances Act, when the third offense was committed2after conviction on the second, the second offense was3committed after conviction on the first, and the4violation of Section 33A-2 of the Criminal Code of 19615was committed after conviction on the third.6(11) Beginning July 1, 1994, a term of imprisonment7of not less than 10 years and not more than 30 years8shall be imposed on a defendant who violates Section933A-2 with a Category I weapon where the offense was10committed in any school, or any conveyance owned, leased,11or contracted by a school to transport students to or12from school or a school related activity, on the real13property comprising any school or public park, and where14the offense was related to the activities of an organized15gang. For the purposes of this paragraph (11),16"organized gang" has the meaning ascribed to it in17Section 10 of the Illinois Streetgang Terrorism Omnibus18Prevention Act.19 (d) In any case in which a sentence originally imposed 20 is vacated, the case shall be remanded to the trial court. 21 The trial court shall hold a hearing under Section 5-4-1 of 22 the Unified Code of Corrections which may include evidence of 23 the defendant's life, moral character and occupation during 24 the time since the original sentence was passed. The trial 25 court shall then impose sentence upon the defendant. The 26 trial court may impose any sentence which could have been 27 imposed at the original trial subject to Section 5-5-4 of the 28 Unified Code of Corrections. 29 (e) In cases where prosecution for criminal sexual 30 assault or aggravated criminal sexual abuse under Section 31 12-13 or 12-16 of the Criminal Code of 1961 results in 32 conviction of a defendant who was a family member of the 33 victim at the time of the commission of the offense, the 34 court shall consider the safety and welfare of the victim and SB1112 Enrolled -27- LRB9104147LDmbD 1 may impose a sentence of probation only where: 2 (1) the court finds (A) or (B) or both are 3 appropriate: 4 (A) the defendant is willing to undergo a 5 court approved counseling program for a minimum 6 duration of 2 years; or 7 (B) the defendant is willing to participate in 8 a court approved plan including but not limited to 9 the defendant's: 10 (i) removal from the household; 11 (ii) restricted contact with the victim; 12 (iii) continued financial support of the 13 family; 14 (iv) restitution for harm done to the 15 victim; and 16 (v) compliance with any other measures 17 that the court may deem appropriate; and 18 (2) the court orders the defendant to pay for the 19 victim's counseling services, to the extent that the 20 court finds, after considering the defendant's income and 21 assets, that the defendant is financially capable of 22 paying for such services, if the victim was under 18 23 years of age at the time the offense was committed and 24 requires counseling as a result of the offense. 25 Probation may be revoked or modified pursuant to Section 26 5-6-4; except where the court determines at the hearing that 27 the defendant violated a condition of his or her probation 28 restricting contact with the victim or other family members 29 or commits another offense with the victim or other family 30 members, the court shall revoke the defendant's probation and 31 impose a term of imprisonment. 32 For the purposes of this Section, "family member" and 33 "victim" shall have the meanings ascribed to them in Section 34 12-12 of the Criminal Code of 1961. SB1112 Enrolled -28- LRB9104147LDmbD 1 (f) This Article shall not deprive a court in other 2 proceedings to order a forfeiture of property, to suspend or 3 cancel a license, to remove a person from office, or to 4 impose any other civil penalty. 5 (g) Whenever a defendant is convicted of an offense 6 under Sections 11-14, 11-15, 11-15.1, 11-16, 11-17, 11-18, 7 11-18.1, 11-19, 11-19.1, 11-19.2, 12-13, 12-14, 12-14.1, 8 12-15 or 12-16 of the Criminal Code of 1961, the defendant 9 shall undergo medical testing to determine whether the 10 defendant has any sexually transmissible disease, including a 11 test for infection with human immunodeficiency virus (HIV) or 12 any other identified causative agent of acquired 13 immunodeficiency syndrome (AIDS). Any such medical test 14 shall be performed only by appropriately licensed medical 15 practitioners and may include an analysis of any bodily 16 fluids as well as an examination of the defendant's person. 17 Except as otherwise provided by law, the results of such test 18 shall be kept strictly confidential by all medical personnel 19 involved in the testing and must be personally delivered in a 20 sealed envelope to the judge of the court in which the 21 conviction was entered for the judge's inspection in camera. 22 Acting in accordance with the best interests of the victim 23 and the public, the judge shall have the discretion to 24 determine to whom, if anyone, the results of the testing may 25 be revealed. The court shall notify the defendant of the test 26 results. The court shall also notify the victim if requested 27 by the victim, and if the victim is under the age of 15 and 28 if requested by the victim's parents or legal guardian, the 29 court shall notify the victim's parents or legal guardian of 30 the test results. The court shall provide information on the 31 availability of HIV testing and counseling at Department of 32 Public Health facilities to all parties to whom the results 33 of the testing are revealed and shall direct the State's 34 Attorney to provide the information to the victim when SB1112 Enrolled -29- LRB9104147LDmbD 1 possible. A State's Attorney may petition the court to obtain 2 the results of any HIV test administered under this Section, 3 and the court shall grant the disclosure if the State's 4 Attorney shows it is relevant in order to prosecute a charge 5 of criminal transmission of HIV under Section 12-16.2 of the 6 Criminal Code of 1961 against the defendant. The court shall 7 order that the cost of any such test shall be paid by the 8 county and may be taxed as costs against the convicted 9 defendant. 10 (g-5) When an inmate is tested for an airborne 11 communicable disease, as determined by the Illinois 12 Department of Public Health including but not limited to 13 tuberculosis, the results of the test shall be personally 14 delivered by the warden or his or her designee in a sealed 15 envelope to the judge of the court in which the inmate must 16 appear for the judge's inspection in camera if requested by 17 the judge. Acting in accordance with the best interests of 18 those in the courtroom, the judge shall have the discretion 19 to determine what if any precautions need to be taken to 20 prevent transmission of the disease in the courtroom. 21 (h) Whenever a defendant is convicted of an offense 22 under Section 1 or 2 of the Hypodermic Syringes and Needles 23 Act, the defendant shall undergo medical testing to determine 24 whether the defendant has been exposed to human 25 immunodeficiency virus (HIV) or any other identified 26 causative agent of acquired immunodeficiency syndrome (AIDS). 27 Except as otherwise provided by law, the results of such test 28 shall be kept strictly confidential by all medical personnel 29 involved in the testing and must be personally delivered in a 30 sealed envelope to the judge of the court in which the 31 conviction was entered for the judge's inspection in camera. 32 Acting in accordance with the best interests of the public, 33 the judge shall have the discretion to determine to whom, if 34 anyone, the results of the testing may be revealed. The court SB1112 Enrolled -30- LRB9104147LDmbD 1 shall notify the defendant of a positive test showing an 2 infection with the human immunodeficiency virus (HIV). The 3 court shall provide information on the availability of HIV 4 testing and counseling at Department of Public Health 5 facilities to all parties to whom the results of the testing 6 are revealed and shall direct the State's Attorney to provide 7 the information to the victim when possible. A State's 8 Attorney may petition the court to obtain the results of any 9 HIV test administered under this Section, and the court 10 shall grant the disclosure if the State's Attorney shows it 11 is relevant in order to prosecute a charge of criminal 12 transmission of HIV under Section 12-16.2 of the Criminal 13 Code of 1961 against the defendant. The court shall order 14 that the cost of any such test shall be paid by the county 15 and may be taxed as costs against the convicted defendant. 16 (i) All fines and penalties imposed under this Section 17 for any violation of Chapters 3, 4, 6, and 11 of the Illinois 18 Vehicle Code, or a similar provision of a local ordinance, 19 and any violation of the Child Passenger Protection Act, or a 20 similar provision of a local ordinance, shall be collected 21 and disbursed by the circuit clerk as provided under Section 22 27.5 of the Clerks of Courts Act. 23 (j) In cases when prosecution for any violation of 24 Section 11-6, 11-8, 11-9, 11-11, 11-14, 11-15, 11-15.1, 25 11-16, 11-17, 11-17.1, 11-18, 11-18.1, 11-19, 11-19.1, 26 11-19.2, 11-20.1, 11-21, 12-13, 12-14, 12-14.1, 12-15, or 27 12-16 of the Criminal Code of 1961, any violation of the 28 Illinois Controlled Substances Act, or any violation of the 29 Cannabis Control Act results in conviction, a disposition of 30 court supervision, or an order of probation granted under 31 Section 10 of the Cannabis Control Act or Section 410 of the 32 Illinois Controlled Substance Act of a defendant, the court 33 shall determine whether the defendant is employed by a 34 facility or center as defined under the Child Care Act of SB1112 Enrolled -31- LRB9104147LDmbD 1 1969, a public or private elementary or secondary school, or 2 otherwise works with children under 18 years of age on a 3 daily basis. When a defendant is so employed, the court 4 shall order the Clerk of the Court to send a copy of the 5 judgment of conviction or order of supervision or probation 6 to the defendant's employer by certified mail. If the 7 employer of the defendant is a school, the Clerk of the Court 8 shall direct the mailing of a copy of the judgment of 9 conviction or order of supervision or probation to the 10 appropriate regional superintendent of schools. The regional 11 superintendent of schools shall notify the State Board of 12 Education of any notification under this subsection. 13 (j-5) A defendant at least 17 years of age who is 14 convicted of a felony and who has not been previously 15 convicted of a misdemeanor or felony and who is sentenced to 16 a term of imprisonment in the Illinois Department of 17 Corrections shall as a condition of his or her sentence be 18 required by the court to attend educational courses designed 19 to prepare the defendant for a high school diploma and to 20 work toward a high school diploma or to work toward passing 21 the high school level Test of General Educational Development 22 (GED) or to work toward completing a vocational training 23 program offered by the Department of Corrections. If a 24 defendant fails to complete the educational training required 25 by his or her sentence during the term of incarceration, the 26 Prisoner Review Board shall, as a condition of mandatory 27 supervised release, require the defendant, at his or her own 28 expense, to pursue a course of study toward a high school 29 diploma or passage of the GED test. The Prisoner Review 30 Board shall revoke the mandatory supervised release of a 31 defendant who wilfully fails to comply with this subsection 32 (j-5) upon his or her release from confinement in a penal 33 institution while serving a mandatory supervised release 34 term; however, the inability of the defendant after making a SB1112 Enrolled -32- LRB9104147LDmbD 1 good faith effort to obtain financial aid or pay for the 2 educational training shall not be deemed a wilful failure to 3 comply. The Prisoner Review Board shall recommit the 4 defendant whose mandatory supervised release term has been 5 revoked under this subsection (j-5) as provided in Section 6 3-3-9. This subsection (j-5) does not apply to a defendant 7 who has a high school diploma or has successfully passed the 8 GED test. This subsection (j-5) does not apply to a defendant 9 who is determined by the court to be developmentally disabled 10 or otherwise mentally incapable of completing the educational 11 or vocational program. 12 (k) A court may not impose a sentence or disposition for 13 a felony or misdemeanor that requires the defendant to be 14 implanted or injected with or to use any form of birth 15 control. 16 (l) (A) Except as provided in paragraph (C) of 17 subsection (l), whenever a defendant, who is an alien as 18 defined by the Immigration and Nationality Act, is 19 convicted of any felony or misdemeanor offense, the court 20 after sentencing the defendant may, upon motion of the 21 State's Attorney, hold sentence in abeyance and remand 22 the defendant to the custody of the Attorney General of 23 the United States or his or her designated agent to be 24 deported when: 25 (1) a final order of deportation has been 26 issued against the defendant pursuant to proceedings 27 under the Immigration and Nationality Act, and 28 (2) the deportation of the defendant would not 29 deprecate the seriousness of the defendant's conduct 30 and would not be inconsistent with the ends of 31 justice. 32 Otherwise, the defendant shall be sentenced as 33 provided in this Chapter V. 34 (B) If the defendant has already been sentenced for SB1112 Enrolled -33- LRB9104147LDmbD 1 a felony or misdemeanor offense, or has been placed on 2 probation under Section 10 of the Cannabis Control Act or 3 Section 410 of the Illinois Controlled Substances Act, 4 the court may, upon motion of the State's Attorney to 5 suspend the sentence imposed, commit the defendant to the 6 custody of the Attorney General of the United States or 7 his or her designated agent when: 8 (1) a final order of deportation has been 9 issued against the defendant pursuant to proceedings 10 under the Immigration and Nationality Act, and 11 (2) the deportation of the defendant would not 12 deprecate the seriousness of the defendant's conduct 13 and would not be inconsistent with the ends of 14 justice. 15 (C) This subsection (l) does not apply to offenders 16 who are subject to the provisions of paragraph (2) of 17 subsection (a) of Section 3-6-3. 18 (D) Upon motion of the State's Attorney, if a 19 defendant sentenced under this Section returns to the 20 jurisdiction of the United States, the defendant shall be 21 recommitted to the custody of the county from which he or 22 she was sentenced. Thereafter, the defendant shall be 23 brought before the sentencing court, which may impose any 24 sentence that was available under Section 5-5-3 at the 25 time of initial sentencing. In addition, the defendant 26 shall not be eligible for additional good conduct credit 27 for meritorious service as provided under Section 3-6-6. 28 (m) A person convicted of criminal defacement of 29 property under Section 21-1.3 of the Criminal Code of 1961, 30 in which the property damage exceeds $300 and the property 31 damaged is a school building, shall be ordered to perform 32 community service that may include cleanup, removal, or 33 painting over the defacement. 34 (Source: P.A. 89-8, eff. 3-21-95; 89-314, eff. 1-1-96; SB1112 Enrolled -34- LRB9104147LDmbD 1 89-428, eff. 12-13-95; 89-462, eff. 5-29-96; 89-477, eff. 2 6-18-96; 89-507, eff. 7-1-97; 89-545, eff. 7-25-96; 89-587, 3 eff. 7-31-96; 89-627, eff. 1-1-97; 89-688, eff. 6-1-97; 4 90-14, eff. 7-1-97; 90-68, eff. 7-8-97; 90-680, eff. 1-1-99; 5 90-685, eff. 1-1-99; 90-787, eff. 8-14-98; revised 9-16-98.) 6 (730 ILCS 5/5-8-1) (from Ch. 38, par. 1005-8-1) 7 Sec. 5-8-1. Sentence of Imprisonment for Felony. 8 (a) Except as otherwise provided in the statute defining 9 the offense, a sentence of imprisonment for a felony shall be 10 a determinate sentence set by the court under this Section, 11 according to the following limitations: 12 (1) for first degree murder, 13 (a) a term shall be not less than 20 years and 14 not more than 60 years, or 15 (b) if the court finds that the murder was 16 accompanied by exceptionally brutal or heinous 17 behavior indicative of wanton cruelty or, except as 18 set forth in subsection (a)(1)(c) of this Section, 19 that any of the aggravating factors listed in 20 subsection (b) of Section 9-1 of the Criminal Code 21 of 1961 are present, the court may sentence the 22 defendant to a term of natural life imprisonment, or 23 (c) the court shall sentence the defendant to 24 a term of natural life imprisonment when the death 25 penalty is not imposed if the defendant, 26 (i) has previously been convicted of 27 first degree murder under any state or federal 28 law, or 29 (ii) is a person who, at the time of the 30 commission of the murder, had attained the age 31 of 17 or more and is found guilty of murdering 32 an individual under 12 years of age; or, 33 irrespective of the defendant's age at the time SB1112 Enrolled -35- LRB9104147LDmbD 1 of the commission of the offense, is found 2 guilty of murdering more than one victim, or 3 (iii) is found guilty of murdering a 4 peace officer or fireman when the peace officer 5 or fireman was killed in the course of 6 performing his official duties, or to prevent 7 the peace officer or fireman from performing 8 his official duties, or in retaliation for the 9 peace officer or fireman performing his 10 official duties, and the defendant knew or 11 should have known that the murdered individual 12 was a peace officer or fireman, or 13 (iv) is found guilty of murdering an 14 employee of an institution or facility of the 15 Department of Corrections, or any similar local 16 correctional agency, when the employee was 17 killed in the course of performing his official 18 duties, or to prevent the employee from 19 performing his official duties, or in 20 retaliation for the employee performing his 21 official duties, or 22 (v) is found guilty of murdering an 23 emergency medical technician - ambulance, 24 emergency medical technician - intermediate, 25 emergency medical technician - paramedic, 26 ambulance driver or other medical assistance or 27 first aid person while employed by a 28 municipality or other governmental unit when 29 the person was killed in the course of 30 performing official duties or to prevent the 31 person from performing official duties or in 32 retaliation for performing official duties and 33 the defendant knew or should have known that 34 the murdered individual was an emergency SB1112 Enrolled -36- LRB9104147LDmbD 1 medical technician - ambulance, emergency 2 medical technician - intermediate, emergency 3 medical technician - paramedic, ambulance 4 driver, or other medical assistant or first aid 5 personnel, or 6 (vi) is a person who, at the time of the 7 commission of the murder, had not attained the 8 age of 17, and is found guilty of murdering a 9 person under 12 years of age and the murder is 10 committed during the course of aggravated 11 criminal sexual assault, criminal sexual 12 assault, or aggravated kidnaping, or 13 (vii) is found guilty of first degree 14 murder and the murder was committed by reason 15 of any person's activity as a community 16 policing volunteer or to prevent any person 17 from engaging in activity as a community 18 policing volunteer. For the purpose of this 19 Section, "community policing volunteer" has the 20 meaning ascribed to it in Section 2-3.5 of the 21 Criminal Code of 1961. 22 For purposes of clause (v), "emergency medical 23 technician - ambulance", "emergency medical 24 technician - intermediate", "emergency medical 25 technician - paramedic", have the meanings ascribed 26 to them in the Emergency Medical Services (EMS) 27 Systems Act. 28 (d) (i) if the person committed the offense 29 while armed with a firearm, 15 years shall be 30 added to the term of imprisonment imposed by 31 the court; 32 (ii) if, during the commission of the 33 offense, the person personally discharged a 34 firearm, 20 years shall be added to the term of SB1112 Enrolled -37- LRB9104147LDmbD 1 imprisonment imposed by the court; 2 (iii) if, during the commission of the 3 offense, the person personally discharged a 4 firearm that proximately caused great bodily 5 harm, permanent disability, permanent 6 disfigurement, or death to another person, 25 7 years or up to a term of natural life shall be 8 added to the term of imprisonment imposed by 9 the court. 10 (1.5) for second degree murder, a term shall be not 11 less than 4 years and not more than 20 years; 12 (2) for a person adjudged a habitual criminal under 13 Article 33B of the Criminal Code of 1961, as amended, the 14 sentence shall be a term of natural life imprisonment; 15 (2.5) for a person convicted under the 16 circumstances described in paragraph (3) of subsection 17 (b) of Section 12-13, paragraph (2) of subsection (d) of 18 Section 12-14, or paragraph (2) of subsection (b) of 19 Section 12-14.1 of the Criminal Code of 1961, the 20 sentence shall be a term of natural life imprisonment; 21 (3) except as otherwise provided in the statute 22 defining the offense, for a Class X felony, the sentence 23 shall be not less than 6 years and not more than 30 24 years; 25 (4) for a Class 1 felony, other than second degree 26 murder, the sentence shall be not less than 4 years and 27 not more than 15 years; 28 (5) for a Class 2 felony, the sentence shall be not 29 less than 3 years and not more than 7 years; 30 (6) for a Class 3 felony, the sentence shall be not 31 less than 2 years and not more than 5 years; 32 (7) for a Class 4 felony, the sentence shall be not 33 less than 1 year and not more than 3 years. 34 (b) The sentencing judge in each felony conviction shall SB1112 Enrolled -38- LRB9104147LDmbD 1 set forth his reasons for imposing the particular sentence he 2 enters in the case, as provided in Section 5-4-1 of this 3 Code. Those reasons may include any mitigating or 4 aggravating factors specified in this Code, or the lack of 5 any such circumstances, as well as any other such factors as 6 the judge shall set forth on the record that are consistent 7 with the purposes and principles of sentencing set out in 8 this Code. 9 (c) A motion to reduce a sentence may be made, or the 10 court may reduce a sentence without motion, within 30 days 11 after the sentence is imposed. A defendant's challenge to 12 the correctness of a sentence or to any aspect of the 13 sentencing hearing shall be made by a written motion filed 14 within 30 days following the imposition of sentence. 15 However, the court may not increase a sentence once it is 16 imposed. 17 If a motion filed pursuant to this subsection is timely 18 filed within 30 days after the sentence is imposed, the 19 proponent of the motion shall exercise due diligence in 20 seeking a determination on the motion and the court shall 21 thereafter decide such motion within a reasonable time. 22 If a motion filed pursuant to this subsection is timely 23 filed within 30 days after the sentence is imposed, then for 24 purposes of perfecting an appeal, a final judgment shall not 25 be considered to have been entered until the motion to reduce 26 a sentence has been decided by order entered by the trial 27 court. 28 A motion filed pursuant to this subsection shall not be 29 considered to have been timely filed unless it is filed with 30 the circuit court clerk within 30 days after the sentence is 31 imposed together with a notice of motion, which notice of 32 motion shall set the motion on the court's calendar on a date 33 certain within a reasonable time after the date of filing. 34 (d) Except where a term of natural life is imposed, SB1112 Enrolled -39- LRB9104147LDmbD 1 every sentence shall include as though written therein a term 2 in addition to the term of imprisonment. For those sentenced 3 under the law in effect prior to February 1, 1978, such term 4 shall be identified as a parole term. For those sentenced on 5 or after February 1, 1978, such term shall be identified as a 6 mandatory supervised release term. Subject to earlier 7 termination under Section 3-3-8, the parole or mandatory 8 supervised release term shall be as follows: 9 (1) for first degree murder or a Class X felony, 3 10 years; 11 (2) for a Class 1 felony or a Class 2 felony, 2 12 years; 13 (3) for a Class 3 felony or a Class 4 felony, 1 14 year. 15 (e) A defendant who has a previous and unexpired 16 sentence of imprisonment imposed by another state or by any 17 district court of the United States and who, after sentence 18 for a crime in Illinois, must return to serve the unexpired 19 prior sentence may have his sentence by the Illinois court 20 ordered to be concurrent with the prior sentence in the other 21 state. The court may order that any time served on the 22 unexpired portion of the sentence in the other state, prior 23 to his return to Illinois, shall be credited on his Illinois 24 sentence. The other state shall be furnished with a copy of 25 the order imposing sentence which shall provide that, when 26 the offender is released from confinement of the other state, 27 whether by parole or by termination of sentence, the offender 28 shall be transferred by the Sheriff of the committing county 29 to the Illinois Department of Corrections. The court shall 30 cause the Department of Corrections to be notified of such 31 sentence at the time of commitment and to be provided with 32 copies of all records regarding the sentence. 33 (f) A defendant who has a previous and unexpired 34 sentence of imprisonment imposed by an Illinois circuit court SB1112 Enrolled -40- LRB9104147LDmbD 1 for a crime in this State and who is subsequently sentenced 2 to a term of imprisonment by another state or by any district 3 court of the United States and who has served a term of 4 imprisonment imposed by the other state or district court of 5 the United States, and must return to serve the unexpired 6 prior sentence imposed by the Illinois Circuit Court may 7 apply to the court which imposed sentence to have his 8 sentence reduced. 9 The circuit court may order that any time served on the 10 sentence imposed by the other state or district court of the 11 United States be credited on his Illinois sentence. Such 12 application for reduction of a sentence under this 13 subsection (f) shall be made within 30 days after the 14 defendant has completed the sentence imposed by the other 15 state or district court of the United States. 16 (Source: P.A. 89-203, eff. 7-21-95; 89-428, eff. 12-13-95; 17 89-462, eff. 5-29-96; 90-396, eff. 1-1-98; 90-651, eff. 18 1-1-99.) 19 (730 ILCS 5/5-8-4) (from Ch. 38, par. 1005-8-4) 20 Sec. 5-8-4. Concurrent and Consecutive Terms of 21 Imprisonment. 22 (a) When multiple sentences of imprisonment are imposed 23 on a defendant at the same time, or when a term of 24 imprisonment is imposed on a defendant who is already subject 25 to sentence in this State or in another state, or for a 26 sentence imposed by any district court of the United States, 27 the sentences shall run concurrently or consecutively as 28 determined by the court. When a term of imprisonment is 29 imposed on a defendant by an Illinois circuit court and the 30 defendant is subsequently sentenced to a term of imprisonment 31 by another state or by a district court of the United States, 32 the Illinois circuit court which imposed the sentence may 33 order that the Illinois sentence be made concurrent with the SB1112 Enrolled -41- LRB9104147LDmbD 1 sentence imposed by the other state or district court of the 2 United States. The defendant must apply to the circuit court 3 within 30 days after the defendant's sentence imposed by the 4 other state or district of the United States is finalized. 5 The court shall not impose consecutive sentences for offenses 6 which were committed as part of a single course of conduct 7 during which there was no substantial change in the nature of 8 the criminal objective, unless: 9 (i),one of the offenses for which defendant was 10 convicted was a Class X or Class 1 felony and the 11 defendant inflicted severe bodily injury, or 12 (ii)wherethe defendant was convicted of a 13 violation of Section 12-13, 12-14, or 12-14.1 of the 14 Criminal Code of 1961, or 15 (iii) the defendant was convicted of armed violence 16 based upon the predicate offense of solicitation of 17 murder, solicitation of murder for hire, heinous battery, 18 aggravated battery of a senior citizen, criminal sexual 19 assault, a violation of subsection (g) of Section 5 of 20 the Cannabis Control Act, cannabis trafficking, a 21 violation of subsection (a) of Section 401 of the 22 Illinois Controlled Substances Act, controlled substance 23 trafficking involving a Class X felony amount of 24 controlled substance under Section 401 of the Illinois 25 Controlled Substances Act, calculated criminal drug 26 conspiracy, or streetgang criminal drug conspiracy, 27 in which event the court shall enter sentences to run 28 consecutively. Sentences shall run concurrently unless 29 otherwise specified by the court. 30 (b) The court shall not impose a consecutive sentence 31 except as provided for in subsection (a) unless, having 32 regard to the nature and circumstances of the offense and the 33 history and character of the defendant, it is of the opinion 34 that such a term is required to protect the public from SB1112 Enrolled -42- LRB9104147LDmbD 1 further criminal conduct by the defendant, the basis for 2 which the court shall set forth in the record; except that no 3 such finding or opinion is required when multiple sentences 4 of imprisonment are imposed on a defendant for offenses that 5 were not committed as part of a single course of conduct 6 during which there was no substantial change in the nature of 7 the criminal objective, and one of the offenses for which the 8 defendant was convicted was a Class X or Class 1 felony and 9 the defendant inflicted severe bodily injury, or when the 10 defendant was convicted of a violation of Section 12-13, 11 12-14, or 12-14.1 of the Criminal Code of 1961, or where the 12 defendant was convicted of armed violence based upon the 13 predicate offense of solicitation of murder, solicitation of 14 murder for hire, heinous battery, aggravated battery of a 15 senior citizen, criminal sexual assault, a violation of 16 subsection (g) of Section 5 of the Cannabis Control Act, 17 cannabis trafficking, a violation of subsection (a) of 18 Section 401 of the Illinois Controlled Substances Act, 19 controlled substance trafficking involving a Class X felony 20 amount of controlled substance under Section 401 of the 21 Illinois Controlled Substances Act, calculated criminal drug 22 conspiracy, or streetgang criminal drug conspiracy, in which 23 event the Court shall enter sentences to run consecutively. 24 (c) (1) For sentences imposed under law in effect prior 25 to February 1, 1978 the aggregate maximum of consecutive 26 sentences shall not exceed the maximum term authorized 27 under Section 5-8-1 for the 2 most serious felonies 28 involved. The aggregate minimum period of consecutive 29 sentences shall not exceed the highest minimum term 30 authorized under Section 5-8-1 for the 2 most serious 31 felonies involved. When sentenced only for misdemeanors, 32 a defendant shall not be consecutively sentenced to more 33 than the maximum for one Class A misdemeanor. 34 (2) For sentences imposed under the law in effect SB1112 Enrolled -43- LRB9104147LDmbD 1 on or after February 1, 1978, the aggregate of 2 consecutive sentences for offenses that were committed as 3 part of a single course of conduct during which there was 4 no substantial change in the nature of the criminal 5 objective shall not exceed the sum of the maximum terms 6 authorized under Section 5-8-2 for the 2 most serious 7 felonies involved, but no such limitation shall apply for 8 offenses that were not committed as part of a single 9 course of conduct during which there was no substantial 10 change in the nature of the criminal objective. When 11 sentenced only for misdemeanors, a defendant shall not be 12 consecutively sentenced to more than the maximum for one 13 Class A misdemeanor. 14 (d) An offender serving a sentence for a misdemeanor who 15 is convicted of a felony and sentenced to imprisonment shall 16 be transferred to the Department of Corrections, and the 17 misdemeanor sentence shall be merged in and run concurrently 18 with the felony sentence. 19 (e) In determining the manner in which consecutive 20 sentences of imprisonment, one or more of which is for a 21 felony, will be served, the Department of Corrections shall 22 treat the offender as though he had been committed for a 23 single term with the following incidents: 24 (1) the maximum period of a term of imprisonment 25 shall consist of the aggregate of the maximums of the 26 imposed indeterminate terms, if any, plus the aggregate 27 of the imposed determinate sentences for felonies plus 28 the aggregate of the imposed determinate sentences for 29 misdemeanors subject to paragraph (c) of this Section; 30 (2) the parole or mandatory supervised release term 31 shall be as provided in paragraph (e) of Section 5-8-1 of 32 this Code for the most serious of the offenses involved; 33 (3) the minimum period of imprisonment shall be the 34 aggregate of the minimum and determinate periods of SB1112 Enrolled -44- LRB9104147LDmbD 1 imprisonment imposed by the court, subject to paragraph 2 (c) of this Section; and 3 (4) the offender shall be awarded credit against 4 the aggregate maximum term and the aggregate minimum term 5 of imprisonment for all time served in an institution 6 since the commission of the offense or offenses and as a 7 consequence thereof at the rate specified in Section 8 3-6-3 of this Code. 9 (f) A sentence of an offender committed to the 10 Department of Corrections at the time of the commission of 11 the offense shall be served consecutive to the sentence under 12 which he is held by the Department of Corrections. However, 13 in case such offender shall be sentenced to punishment by 14 death, the sentence shall be executed at such time as the 15 court may fix without regard to the sentence under which such 16 offender may be held by the Department. 17 (g) A sentence under Section 3-6-4 for escape or 18 attempted escape shall be served consecutive to the terms 19 under which the offender is held by the Department of 20 Corrections. 21 (h) If a person charged with a felony commits a separate 22 felony while on pre-trial release or in pretrial detention in 23 a county jail facility or county detention facility, the 24 sentences imposed upon conviction of these felonies shall be 25 served consecutively regardless of the order in which the 26 judgments of conviction are entered. 27 (i) If a person admitted to bail following conviction of 28 a felony commits a separate felony while free on bond or if a 29 person detained in a county jail facility or county detention 30 facility following conviction of a felony commits a separate 31 felony while in detention, any sentence following conviction 32 of the separate felony shall be consecutive to that of the 33 original sentence for which the defendant was on bond or 34 detained. SB1112 Enrolled -45- LRB9104147LDmbD 1 (Source: P.A. 89-428, eff. 12-13-95; 89-462, eff. 5-29-96; 2 90-128, eff. 7-22-97.)