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Public Act 094-0398
Public Act 0398 94TH GENERAL ASSEMBLY
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Public Act 094-0398
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| HB1039 Enrolled |
LRB094 03415 RLC 33417 b |
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| AN ACT concerning criminal law.
| Be it enacted by the People of the State of Illinois,
| represented in the General Assembly:
| Section 5. The Criminal Code of 1961 is amended by adding | Section 24-1.7 as follows:
| (720 ILCS 5/24-1.7 new) | Sec. 24-1.7. Armed habitual criminal. | (a) A person commits the offense of 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 use of a weapon by a felon; aggravated | unlawful use of a weapon; aggravated discharge of a | firearm; vehicular hijacking; aggravated vehicular | hijacking; aggravated battery of a child;
intimidation; | aggravated intimidation; gunrunning; home invasion; or | aggravated battery with a firearm; 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. Being an armed habitual criminal is a Class X
| felony.
| Section 10. The Unified Code of Corrections is amended by | changing Section 3-6-3 as follows:
| (730 ILCS 5/3-6-3) (from Ch. 38, par. 1003-6-3)
| Sec. 3-6-3. Rules and Regulations for Early Release.
| (a) (1) The Department of Corrections shall prescribe | rules
and regulations for the early release on account of |
| good
conduct of persons committed to the Department which | shall
be subject to review by the Prisoner Review Board.
| (2) The rules and regulations on early release shall | provide, with
respect to offenses committed on or after | June 19, 1998 or with respect to the offense of being an | armed habitual criminal committed on or after the effective | date of this amendatory Act of the 94th General Assembly, | 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 good conduct
credit and | shall serve the entire
sentence imposed by the court;
| (ii) that a prisoner serving a sentence for 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, heinous battery, | being an armed habitual criminal, aggravated
battery | of a senior citizen, or aggravated battery of a child | shall receive no
more than 4.5 days of good conduct | credit for each month of his or her sentence
of | imprisonment; and
| (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 good | conduct credit for each month of his or her sentence of | imprisonment.
| (2.1) For all offenses, other than those enumerated in |
| subdivision (a)(2)
committed on or after June 19, 1998, and | other than the offense of reckless
homicide as defined in | subsection (e) of Section 9-3 of the Criminal Code of
1961 | committed on or after January 1, 1999,
or 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,
the rules and regulations shall
| provide that a prisoner who is serving a term of
| imprisonment shall receive one day of good conduct credit | for each day of
his or her sentence of imprisonment or | recommitment under Section 3-3-9.
Each day of good conduct | 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 or a
prisoner who has been sentenced to death | shall receive no good conduct
credit.
| (2.3) The rules and regulations on early release shall | provide that
a prisoner who is serving a sentence for | reckless homicide as defined in
subsection (e) of Section | 9-3 of the Criminal Code of 1961 committed on or
after | January 1, 1999, or 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 good conduct credit for each month | of his or her sentence of
imprisonment.
| (2.4) The rules and regulations on early release 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)
this
amendatory Act of 1999,
that a prisoner | serving a sentence for any of these offenses shall receive | no
more than 4.5 days of good conduct credit for each month | of his or her sentence
of imprisonment.
| (2.5) The rules and regulations on early release 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)
this
amendatory Act of | the 92nd 93rd General Assembly shall receive no more than
| 4.5 days of good conduct credit for each month of his or | her sentence of
imprisonment.
| (3) The rules and regulations shall also provide that
| the Director may award up to 180 days additional good | conduct
credit for meritorious service in specific | instances as the
Director deems proper; except that no more | than 90 days
of good conduct credit for meritorious service
| shall be awarded to any prisoner who is serving a sentence | for
conviction of first degree murder, reckless homicide | while under the
influence of alcohol or any other drug,
or | 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, aggravated kidnapping, kidnapping,
| predatory criminal sexual assault of a child,
aggravated | criminal sexual assault, criminal sexual assault, deviate | sexual
assault, aggravated criminal sexual abuse, | aggravated indecent liberties
with a child, indecent | liberties with a child, child pornography, heinous
| battery, aggravated battery of a spouse, aggravated | battery of a spouse
with a firearm, stalking, aggravated | stalking, aggravated battery of a child,
endangering the | life or health of a child, cruelty to a child, or narcotic
| racketeering. Notwithstanding the foregoing, good conduct | credit for
meritorious service shall not be awarded on a
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| sentence of imprisonment imposed for conviction of: (i) one | of the offenses
enumerated in subdivision (a)(2) when the | offense is committed on or after
June 19, 1998, (ii) | reckless homicide as
defined in subsection (e) of Section | 9-3 of the Criminal Code of 1961 when
the offense is | committed on or after January 1, 1999,
or 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, (iii) one of the offenses enumerated | in subdivision
(a)(2.4) when the offense is committed on or | after
July 15, 1999 (the effective date of Public Act | 91-121)
this
amendatory Act of 1999,
or (iv) aggravated | arson when the offense is committed
on or after July 27, | 2001 (the effective date of Public Act 92-176)
this | amendatory Act of the 92nd 93rd General Assembly.
| (4) The rules and regulations shall also provide that | the good conduct
credit accumulated and retained under | paragraph (2.1) of subsection (a) of
this Section by any | inmate during specific periods of time in which such
inmate | is engaged full-time in substance abuse programs, | correctional
industry assignments, or educational programs | provided by the Department
under this paragraph (4) and | satisfactorily completes the assigned program as
| determined by the standards of the Department, shall be | multiplied by a factor
of 1.25 for program participation | before August 11, 1993
and 1.50 for program participation | on or after that date.
However, no inmate shall be eligible | for the additional good conduct credit
under this paragraph | (4) while assigned to a boot camp, mental health unit,
or | electronic detention, or if convicted of an offense | enumerated in
paragraph (a)(2) of this Section that is | committed on or after June 19,
1998, or if convicted of | reckless homicide as defined in subsection (e) of
Section | 9-3 of the Criminal Code of 1961 if the offense is |
| committed on or
after January 1, 1999,
or 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, or if convicted of an offense | enumerated in paragraph
(a)(2.4) of this Section that is | committed on or after
July 15, 1999 (the effective date of | Public Act 91-121)
this
amendatory Act of 1999,
or first | degree murder, a Class X felony, criminal sexual
assault, | felony criminal sexual abuse, aggravated criminal sexual | abuse,
aggravated battery with a firearm, or any | predecessor or successor offenses
with the same or | substantially the same elements, or any inchoate offenses
| relating to the foregoing offenses. No inmate shall be | eligible for the
additional good conduct credit under this | paragraph (4) who (i) has previously
received increased | good conduct credit under this paragraph (4) and has
| subsequently been convicted of a
felony, or (ii) has | previously served more than one prior sentence of
| imprisonment for a felony in an adult correctional | facility.
| Educational, vocational, substance abuse and | correctional
industry programs under which good conduct | credit may be increased under
this paragraph (4) 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 |
| 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.
| (4.5) The rules and regulations on early release shall | also provide that
a prisoner who is serving a sentence for | a crime committed as a result of the
use of, abuse of, or | addiction to alcohol or a controlled substance and the
| crime was committed on or after September 1, 2003 (the | effective date of
Public Act 93-354)
this Amendatory Act of | the 93rd General Assembly
shall receive no good conduct | credit until he or she participates in and
completes a | substance abuse treatment program. Good conduct credit | awarded
under clauses (2), (3), and (4) of this subsection | (a) for crimes committed on
or after September 1, 2003
the | effective date of this amendatory Act of
the 93rd General | Assembly is subject to the provisions of this clause (4.5).
| If the prisoner completes a substance abuse treatment | program, the Department
may award good conduct credit for | the time spent in treatment. 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, the prisoner shall | be placed on a waiting list under criteria
established by | the Department. The Department may require a prisoner | placed on
a waiting list to attend a substance abuse | education class or attend substance
abuse self-help | meetings. A prisoner may not lose good conduct credit as a
| result of being placed on a waiting list. A prisoner placed | on a waiting list
remains eligible for increased good | conduct credit for participation in an
educational, | vocational, or correctional industry program under clause | (4) of
subsection (a) of this Section.
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| (5) Whenever the Department is to release any inmate | earlier than it
otherwise would because of a grant of good | conduct credit for meritorious
service given at any time | during the term, the Department shall give
reasonable | advance notice of the impending release to the State's
| Attorney of the county where the prosecution of the inmate | took place.
| (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 good time.
| (c) The Department shall prescribe rules and regulations
| for revoking good conduct credit, or suspending or reducing
the | rate of accumulation of good conduct credit for specific
rule | violations, during imprisonment. These rules and regulations
| shall provide that no inmate may be penalized more than one
| year of good conduct credit for any one infraction.
| When the Department seeks to revoke, suspend or reduce
the | rate of accumulation of any good conduct credits for
an alleged | infraction of its rules, it shall bring charges
therefor | against the prisoner sought to be so deprived of
good conduct | 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 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 good | conduct credit.
The Board may subsequently approve the | revocation of additional good
conduct credit, if the Department | seeks to revoke good conduct 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 | good conduct
credit within any calendar year for any prisoner | or to increase any penalty
beyond the length requested by the | Department.
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| The Director of the Department of Corrections, in | appropriate cases, may
restore up to 30 days good conduct | credits which have been revoked, suspended
or reduced. Any | restoration of good conduct credits in excess of 30 days shall
| be subject to review by the Prisoner Review Board. However, the | Board may not
restore good conduct credit in excess of the | amount requested by the Director.
| 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 good conduct 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 good conduct credit by | bringing charges against the prisoner
sought to be deprived of | the good conduct 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 good conduct | credit at the
time of the finding, then the Prisoner Review | Board may revoke all
good conduct 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;
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| (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 petition for post-conviction | relief under Article
122 of the Code of Criminal Procedure | of 1963, 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 or an action under the
federal Civil Rights | Act (42 U.S.C. 1983).
| (e) Nothing in Public Act 90-592 or 90-593
this amendatory | Act of
1998 affects the validity of Public Act 89-404.
| (Source: P.A. 92-176, eff. 7-27-01; 92-854, eff. 12-5-02; | 93-213, eff.
7-18-03; 93-354, eff. 9-1-03; revised 10-15-03.)
| Section 99. Effective date. This Act takes effect upon | becoming law.
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Effective Date: 8/2/2005
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