99TH GENERAL ASSEMBLY State of Illinois 2015 and 2016 SB1563

Introduced 2/20/2015, by Sen. William E. Brady

SYNOPSIS AS INTRODUCED:

See Index

Amends the Criminal Code of 2012. Enhances the penalties for certain violations of the statutes concerning unlawful use or possession of weapons by felons, aggravated unlawful use of a weapon, and unlawful possession of a firearm by a street gang member. Changes the minimum term of imprisonment for being an armed habitual criminal from 6 years to 10 years, and the maximum term of imprisonment from 30 years to 45 years. Makes unlawful sale

or delivery of firearms on the premises of
any school, school conveyance,

or public housing residential property a nonprobationable Class 3 felony for which a mandatory term of imprisonment of not less than 2 years and not more than 5 years shall be imposed (rather than a probationable Class 3 felony). Makes use of a stolen firearm in the commission of a forcible felony a nonprobationable Class 2 felony for which a mandatory term of imprisonment of not less than 3 years and not more than 7 years shall be imposed (rather than a probationable Class 2 felony). Provides that the maximum term of imprisonment for unlawful sale or delivery of firearms to a felon or for possession of a stolen firearm is 10 years. Amends the Unified Code of Corrections to make a conforming changes.

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CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

A BILL FOR

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1 AN ACT concerning criminal law.

2 Be it enacted by the People of the State of Illinois,

3 represented in the General Assembly:

4 Section 5. The Criminal Code of 2012 is amended by changing

5 Sections 24-1.1, 24-1.6, 24-1.7, 24-1.8, 24-3, 24-3.3, 24-3.7,

6 and 24-3.8 as follows:

7 (720 ILCS 5/24-1.1) (from Ch. 38, par. 24-1.1)

8 Sec. 24-1.1. Unlawful Use or Possession of Weapons by

9 Felons or Persons in the Custody of the Department of

10 Corrections Facilities.

11 (a) It is unlawful for a person to knowingly possess on or

12 about his person or on his land or in his own abode or fixed

13 place of business any weapon prohibited under Section 24-1 of

14 this Act or any firearm or any firearm ammunition if the person

15 has been convicted of a felony under the laws of this State or

16 any other jurisdiction. This Section shall not apply if the

17 person has been granted relief by the Director of the

18 Department of State Police under Section 10 of the Firearm

19 Owners Identification Card Act.

20 (b) It is unlawful for any person confined in a penal

21 institution, which is a facility of the Illinois Department of

22 Corrections, to possess any weapon prohibited under Section

23 24-1 of this Code or any firearm or firearm ammunition,

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1 regardless of the intent with which he possesses it.

2 (c) It shall be an affirmative defense to a violation of

3 subsection (b), that such possession was specifically

4 authorized by rule, regulation, or directive of the Illinois

5 Department of Corrections or order issued pursuant thereto.

6 (d) The defense of necessity is not available to a person

7 who is charged with a violation of subsection (b) of this

8 Section.

9 (e) Sentence. Violation of this Section by a person not

10 confined in a penal institution shall be a Class 3 felony for

11 which the person shall be sentenced to no less than 4 ~~2~~ years

12 and no more than 10 years and any second or subsequent

13 violation shall be a Class 2 felony for which the person shall

14 be sentenced to a term of imprisonment of not less than 5 ~~3~~

15 years and not more than 14 years. Violation of this Section by

16 a person not confined in a penal institution who has been

17 convicted of a forcible felony, a felony violation of Article

18 24 of this Code or of the Firearm Owners Identification Card

19 Act, stalking or aggravated stalking, or a Class 2 or greater

20 felony under the Illinois Controlled Substances Act, the

21 Cannabis Control Act, or the Methamphetamine Control and

22 Community Protection Act is a Class 2 felony for which the

23 person shall be sentenced to not less than 3 years and not more

24 than 14 years. Violation of this Section by a person who is on

25 parole or mandatory supervised release is a Class 2 felony for

26 which the person shall be sentenced to not less than 5 ~~3~~ years

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1 and not more than 14 years. Violation of this Section by a

2 person not confined in a penal institution is a Class X felony

3 when the firearm possessed is a machine gun. Any person who

4 violates this Section while confined in a penal institution,

5 which is a facility of the Illinois Department of Corrections,

6 is guilty of a Class 1 felony, if he possesses any weapon

7 prohibited under Section 24-1 of this Code regardless of the

8 intent with which he possesses it, a Class X felony if he

9 possesses any firearm, firearm ammunition or explosive, and a

10 Class X felony for which the offender shall be sentenced to not

11 less than 12 years and not more than 50 years when the firearm

12 possessed is a machine gun. A violation of this Section while

13 wearing or in possession of body armor as defined in Section

14 33F-1 is a Class X felony punishable by a term of imprisonment

15 of not less than 10 years and not more than 40 years. The

16 possession of each firearm or firearm ammunition in violation

17 of this Section constitutes a single and separate violation.

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

19 (720 ILCS 5/24-1.6)

20 Sec. 24-1.6. Aggravated unlawful use of a weapon.

21 (a) A person commits the offense of aggravated unlawful use

22 of a weapon when he or she knowingly:

23 (1) Carries on or about his or her person or in any

24 vehicle or concealed on or about his or her person except

25 when on his or her land or in his or her abode, legal

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1 dwelling, or fixed place of business, or on the land or in

2 the legal dwelling of another person as an invitee with

3 that person's permission, any pistol, revolver, stun gun or

4 taser or other firearm; or

5 (2) Carries or possesses on or about his or her person,

6 upon any public street, alley, or other public lands within

7 the corporate limits of a city, village or incorporated

8 town, except when an invitee thereon or therein, for the

9 purpose of the display of such weapon or the lawful

10 commerce in weapons, or except when on his or her own land

11 or in his or her own abode, legal dwelling, or fixed place

12 of business, or on the land or in the legal dwelling of

13 another person as an invitee with that person's permission,

14 any pistol, revolver, stun gun or taser or other firearm;

15 and

16 (3) One of the following factors is present:

17 (A) the firearm, other than a pistol, revolver, or

18 handgun, possessed was uncased, loaded, and

19 immediately accessible at the time of the offense; or

20 (A-5) the pistol, revolver, or handgun possessed

21 was uncased, loaded, and immediately accessible at the

22 time of the offense and the person possessing the

23 pistol, revolver, or handgun has not been issued a

24 currently valid license under the Firearm Concealed

25 Carry Act; or

26 (B) the firearm, other than a pistol, revolver, or

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1 handgun, possessed was uncased, unloaded, and the

2 ammunition for the weapon was immediately accessible

3 at the time of the offense; or

4 (B-5) the pistol, revolver, or handgun possessed

5 was uncased, unloaded, and the ammunition for the

6 weapon was immediately accessible at the time of the

7 offense and the person possessing the pistol,

8 revolver, or handgun has not been issued a currently

9 valid license under the Firearm Concealed Carry Act; or

10 (C) the person possessing the firearm has not been

11 issued a currently valid Firearm Owner's

12 Identification Card; or

13 (D) the person possessing the weapon was

14 previously adjudicated a delinquent minor under the

15 Juvenile Court Act of 1987 for an act that if committed

16 by an adult would be a felony; or

17 (E) the person possessing the weapon was engaged in

18 a misdemeanor violation of the Cannabis Control Act, in

19 a misdemeanor violation of the Illinois Controlled

20 Substances Act, or in a misdemeanor violation of the

21 Methamphetamine Control and Community Protection Act;

22 or

23 (F) (blank); or

24 (G) the person possessing the weapon had a order of

25 protection issued against him or her within the

26 previous 2 years; or

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1 (H) the person possessing the weapon was engaged in

2 the commission or attempted commission of a

3 misdemeanor involving the use or threat of violence

4 against the person or property of another; or

5 (I) the person possessing the weapon was under 21

6 years of age and in possession of a handgun, unless the

7 person under 21 is engaged in lawful activities under

8 the Wildlife Code or described in subsection

9 24-2(b)(1), (b)(3), or 24-2(f).

10 (a-5) "Handgun" as used in this Section has the meaning

11 given to it in Section 5 of the Firearm Concealed Carry Act.

12 (b) "Stun gun or taser" as used in this Section has the

13 same definition given to it in Section 24-1 of this Code.

14 (c) This Section does not apply to or affect the

15 transportation or possession of weapons that:

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

17 (ii) are not immediately accessible; or

18 (iii) are unloaded and enclosed in a case, firearm

19 carrying box, shipping box, or other container by a person

20 who has been issued a currently valid Firearm Owner's

21 Identification Card.

22 (d) Sentence.

23 (1) Aggravated unlawful use of a weapon is a Class 4

24 felony; a second or subsequent offense is a Class 2 felony

25 for which the person shall be sentenced to a term of

26 imprisonment of not less than 5 ~~3~~ years and not more than

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1 10 ~~7~~ years.

2 (2) Except as otherwise provided in paragraphs (3) and

3 (4) of this subsection (d), a first offense of aggravated

4 unlawful use of a weapon committed with a firearm by a

5 person 18 years of age or older where the factors listed in

6 both items (A) and (C) or both items (A-5) and (C) of

7 paragraph (3) of subsection (a) are present is a Class 4

8 felony, for which the person shall be sentenced to a term

9 of imprisonment of not less than one year and not more than

10 3 years.

11 (3) Aggravated unlawful use of a weapon by a person who

12 has been previously convicted of a felony in this State or

13 another jurisdiction is a Class 2 felony for which the

14 person shall be sentenced to a term of imprisonment of not

15 less than 3 years and not more than 7 years.

16 (4) Aggravated unlawful use of a weapon while wearing

17 or in possession of body armor as defined in Section 33F-1

18 by a person who has not been issued a valid Firearms

19 Owner's Identification Card in accordance with Section 5 of

20 the Firearm Owners Identification Card Act is a Class X

21 felony.

22 (e) The possession of each firearm in violation of this

23 Section constitutes a single and separate violation.

24 (Source: P.A. 98-63, eff. 7-9-13.)

25 (720 ILCS 5/24-1.7)

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1 Sec. 24-1.7. Armed habitual criminal.

2 (a) A person commits ~~the offense of~~being an armed habitual

3 criminal if he or she receives, sells, possesses, or transfers

4 any firearm after having been convicted a total of 2 or more

5 times of any combination of the following offenses:

6 (1) a forcible felony as defined in Section 2-8 of this

7 Code;

8 (2) unlawful use of a weapon by a felon; aggravated

9 unlawful use of a weapon; aggravated discharge of a

10 firearm; vehicular hijacking; aggravated vehicular

11 hijacking; aggravated battery of a child as described in

12 Section 12-4.3 or subdivision (b)(1) of Section 12-3.05;

13 intimidation; aggravated intimidation; gunrunning; home

14 invasion; or aggravated battery with a firearm as described

15 in Section 12-4.2 or subdivision (e)(1), (e)(2), (e)(3), or

16 (e)(4) of Section 12-3.05; or

17 (3) any violation of the Illinois Controlled

18 Substances Act or the Cannabis Control Act that is

19 punishable as a Class 3 felony or higher.

20 (b) Sentence. Being an armed habitual criminal is a Class X

21 felony for which the sentence shall be a term of imprisonment

22 of not less than 10 years and not more than 45 years.

23 (Source: P.A. 96-1551, eff. 7-1-11.)

24 (720 ILCS 5/24-1.8)

25 Sec. 24-1.8. Unlawful possession of a firearm by a street

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1 gang member.

2 (a) A person commits unlawful possession of a firearm by a

3 street gang member when he or she knowingly:

4 (1) possesses, carries, or conceals on or about his or

5 her person a firearm and firearm ammunition while on any

6 street, road, alley, gangway, sidewalk, or any other lands,

7 except when inside his or her own abode or inside his or

8 her fixed place of business, and has not been issued a

9 currently valid Firearm Owner's Identification Card and is

10 a member of a street gang; or

11 (2) possesses or carries in any vehicle a firearm and

12 firearm ammunition which are both immediately accessible

13 at the time of the offense while on any street, road,

14 alley, or any other lands, except when inside his or her

15 own abode or garage, and has not been issued a currently

16 valid Firearm Owner's Identification Card and is a member

17 of a street gang.

18 (b) Unlawful possession of a firearm by a street gang

19 member is a Class 2 felony for which the person, if sentenced

20 to a term of imprisonment, shall be sentenced to no less than 4

21 ~~3~~ years and no more than 10 years. A period of probation, a

22 term of periodic imprisonment or conditional discharge shall

23 not be imposed for the offense of unlawful possession of a

24 firearm by a street gang member when the firearm was loaded or

25 contained firearm ammunition and the court shall sentence the

26 offender to not less than the minimum term of imprisonment

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1 authorized for the Class 2 felony.

2 (c) For purposes of this Section:

3 "Street gang" or "gang" has the meaning ascribed to it

4 in Section 10 of the Illinois Streetgang Terrorism Omnibus

5 Prevention Act.

6 "Street gang member" or "gang member" has the meaning

7 ascribed to it in Section 10 of the Illinois Streetgang

8 Terrorism Omnibus Prevention Act.

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

10 (720 ILCS 5/24-3) (from Ch. 38, par. 24-3)

11 Sec. 24-3. Unlawful sale or delivery of firearms.

12 (A) A person commits the offense of unlawful sale or

13 delivery of firearms when he or she knowingly does any of the

14 following:

15 (a) Sells or gives any firearm of a size which may be

16 concealed upon the person to any person under 18 years of

17 age.

18 (b) Sells or gives any firearm to a person under 21

19 years of age who has been convicted of a misdemeanor other

20 than a traffic offense or adjudged delinquent.

21 (c) Sells or gives any firearm to any narcotic addict.

22 (d) Sells or gives any firearm to any person who has

23 been convicted of a felony under the laws of this or any

24 other jurisdiction.

25 (e) Sells or gives any firearm to any person who has

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1 been a patient in a mental institution within the past 5

2 years. In this subsection (e):

3 "Mental institution" means any hospital,

4 institution, clinic, evaluation facility, mental

5 health center, or part thereof, which is used primarily

6 for the care or treatment of persons with mental

7 illness.

8 "Patient in a mental institution" means the person

9 was admitted, either voluntarily or involuntarily, to

10 a mental institution for mental health treatment,

11 unless the treatment was voluntary and solely for an

12 alcohol abuse disorder and no other secondary

13 substance abuse disorder or mental illness.

14 (f) Sells or gives any firearms to any person who is

15 intellectually disabled.

16 (g) Delivers any firearm of a size which may be

17 concealed upon the person, incidental to a sale, without

18 withholding delivery of such firearm for at least 72 hours

19 after application for its purchase has been made, or

20 delivers any rifle, shotgun or other long gun, or a stun

21 gun or taser, incidental to a sale, without withholding

22 delivery of such rifle, shotgun or other long gun, or a

23 stun gun or taser for at least 24 hours after application

24 for its purchase has been made. However, this paragraph (g)

25 does not apply to: (1) the sale of a firearm to a law

26 enforcement officer if the seller of the firearm knows that

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1 the person to whom he or she is selling the firearm is a

2 law enforcement officer or the sale of a firearm to a

3 person who desires to purchase a firearm for use in

4 promoting the public interest incident to his or her

5 employment as a bank guard, armed truck guard, or other

6 similar employment; (2) a mail order sale of a firearm to a

7 nonresident of Illinois under which the firearm is mailed

8 to a point outside the boundaries of Illinois; (3) the sale

9 of a firearm to a nonresident of Illinois while at a

10 firearm showing or display recognized by the Illinois

11 Department of State Police; or (4) the sale of a firearm to

12 a dealer licensed as a federal firearms dealer under

13 Section 923 of the federal Gun Control Act of 1968 (18

14 U.S.C. 923). For purposes of this paragraph (g),

15 "application" means when the buyer and seller reach an

16 agreement to purchase a firearm.

17 (h) While holding any license as a dealer, importer,

18 manufacturer or pawnbroker under the federal Gun Control

19 Act of 1968, manufactures, sells or delivers to any

20 unlicensed person a handgun having a barrel, slide, frame

21 or receiver which is a die casting of zinc alloy or any

22 other nonhomogeneous metal which will melt or deform at a

23 temperature of less than 800 degrees Fahrenheit. For

24 purposes of this paragraph, (1) "firearm" is defined as in

25 the Firearm Owners Identification Card Act; and (2)

26 "handgun" is defined as a firearm designed to be held and

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1 fired by the use of a single hand, and includes a

2 combination of parts from which such a firearm can be

3 assembled.

4 (i) Sells or gives a firearm of any size to any person

5 under 18 years of age who does not possess a valid Firearm

6 Owner's Identification Card.

7 (j) Sells or gives a firearm while engaged in the

8 business of selling firearms at wholesale or retail without

9 being licensed as a federal firearms dealer under Section

10 923 of the federal Gun Control Act of 1968 (18 U.S.C. 923).

11 In this paragraph (j):

12 A person "engaged in the business" means a person who

13 devotes time, attention, and labor to engaging in the

14 activity as a regular course of trade or business with the

15 principal objective of livelihood and profit, but does not

16 include a person who makes occasional repairs of firearms

17 or who occasionally fits special barrels, stocks, or

18 trigger mechanisms to firearms.

19 "With the principal objective of livelihood and

20 profit" means that the intent underlying the sale or

21 disposition of firearms is predominantly one of obtaining

22 livelihood and pecuniary gain, as opposed to other intents,

23 such as improving or liquidating a personal firearms

24 collection; however, proof of profit shall not be required

25 as to a person who engages in the regular and repetitive

26 purchase and disposition of firearms for criminal purposes

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1 or terrorism.

2 (k) Sells or transfers ownership of a firearm to a

3 person who does not display to the seller or transferor of

4 the firearm a currently valid Firearm Owner's

5 Identification Card that has previously been issued in the

6 transferee's name by the Department of State Police under

7 the provisions of the Firearm Owners Identification Card

8 Act. This paragraph (k) does not apply to the transfer of a

9 firearm to a person who is exempt from the requirement of

10 possessing a Firearm Owner's Identification Card under

11 Section 2 of the Firearm Owners Identification Card Act.

12 For the purposes of this Section, a currently valid Firearm

13 Owner's Identification Card means (i) a Firearm Owner's

14 Identification Card that has not expired or (ii) an

15 approval number issued in accordance with subsection

16 (a-10) of subsection 3 or Section 3.1 of the Firearm Owners

17 Identification Card Act shall be proof that the Firearm

18 Owner's Identification Card was valid.

19 (1) In addition to the other requirements of this

20 paragraph (k), all persons who are not federally

21 licensed firearms dealers must also have complied with

22 subsection (a-10) of Section 3 of the Firearm Owners

23 Identification Card Act by determining the validity of

24 a purchaser's Firearm Owner's Identification Card.

25 (2) All sellers or transferors who have complied

26 with the requirements of subparagraph (1) of this

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1 paragraph (k) shall not be liable for damages in any

2 civil action arising from the use or misuse by the

3 transferee of the firearm transferred, except for

4 willful or wanton misconduct on the part of the seller

5 or transferor.

6 (l) Not being entitled to the possession of a firearm,

7 delivers the firearm, knowing it to have been stolen or

8 converted. It may be inferred that a person who possesses a

9 firearm with knowledge that its serial number has been

10 removed or altered has knowledge that the firearm is stolen

11 or converted.

12 (B) Paragraph (h) of subsection (A) does not include

13 firearms sold within 6 months after enactment of Public Act

14 78-355 (approved August 21, 1973, effective October 1, 1973),

15 nor is any firearm legally owned or possessed by any citizen or

16 purchased by any citizen within 6 months after the enactment of

17 Public Act 78-355 subject to confiscation or seizure under the

18 provisions of that Public Act. Nothing in Public Act 78-355

19 shall be construed to prohibit the gift or trade of any firearm

20 if that firearm was legally held or acquired within 6 months

21 after the enactment of that Public Act.

22 (C) Sentence.

23 (1) Any person convicted of unlawful sale or delivery

24 of firearms in violation of paragraph (c), (e), (f), (g),

25 or (h) of subsection (A) commits a Class 4 felony.

26 (2) Any person convicted of unlawful sale or delivery

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1 of firearms in violation of paragraph (b) or (i) of

2 subsection (A) commits a Class 3 felony.

3 (3) Any person convicted of unlawful sale or delivery

4 of firearms in violation of paragraph (a) of subsection (A)

5 commits a Class 2 felony.

6 (4) Any person convicted of unlawful sale or delivery

7 of firearms in violation of paragraph (a), (b), or (i) of

8 subsection (A) in any school, on the real property

9 comprising a school, within 1,000 feet of the real property

10 comprising a school, at a school related activity, or on or

11 within 1,000 feet of any conveyance owned, leased, or

12 contracted by a school or school district to transport

13 students to or from school or a school related activity,

14 regardless of the time of day or time of year at which the

15 offense was committed, commits a Class 1 felony. Any person

16 convicted of a second or subsequent violation of unlawful

17 sale or delivery of firearms in violation of paragraph (a),

18 (b), or (i) of subsection (A) in any school, on the real

19 property comprising a school, within 1,000 feet of the real

20 property comprising a school, at a school related activity,

21 or on or within 1,000 feet of any conveyance owned, leased,

22 or contracted by a school or school district to transport

23 students to or from school or a school related activity,

24 regardless of the time of day or time of year at which the

25 offense was committed, commits a Class 1 felony for which

26 the sentence shall be a term of imprisonment of no less

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1 than 5 years and no more than 15 years.

2 (5) Any person convicted of unlawful sale or delivery

3 of firearms in violation of paragraph (a) or (i) of

4 subsection (A) in residential property owned, operated, or

5 managed by a public housing agency or leased by a public

6 housing agency as part of a scattered site or mixed-income

7 development, in a public park, in a courthouse, on

8 residential property owned, operated, or managed by a

9 public housing agency or leased by a public housing agency

10 as part of a scattered site or mixed-income development, on

11 the real property comprising any public park, on the real

12 property comprising any courthouse, or on any public way

13 within 1,000 feet of the real property comprising any

14 public park, courthouse, or residential property owned,

15 operated, or managed by a public housing agency or leased

16 by a public housing agency as part of a scattered site or

17 mixed-income development commits a Class 2 felony.

18 (6) Any person convicted of unlawful sale or delivery

19 of firearms in violation of paragraph (j) of subsection (A)

20 commits a Class A misdemeanor. A second or subsequent

21 violation is a Class 4 felony.

22 (7) Any person convicted of unlawful sale or delivery

23 of firearms in violation of paragraph (k) of subsection (A)

24 commits a Class 4 felony, except that a violation of

25 subparagraph (1) of paragraph (k) of subsection (A) shall

26 not be punishable as a crime or petty offense. A third or

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1 subsequent conviction for a violation of paragraph (k) of

2 subsection (A) is a Class 1 felony.

3 (8) A person 18 years of age or older convicted of

4 unlawful sale or delivery of firearms in violation of

5 paragraph (a) or (i) of subsection (A), when the firearm

6 that was sold or given to another person under 18 years of

7 age was used in the commission of or attempt to commit a

8 forcible felony, shall be fined or imprisoned, or both, not

9 to exceed the maximum provided for the most serious

10 forcible felony so committed or attempted by the person

11 under 18 years of age who was sold or given the firearm.

12 (9) Any person convicted of unlawful sale or delivery

13 of firearms in violation of paragraph (d) of subsection (A)

14 commits a Class 3 felony for which the person, if sentenced

15 to a term of imprisonment, shall be sentenced to a term of

16 imprisonment of no less than 2 years and no more than 10

17 years.

18 (10) Any person convicted of unlawful sale or delivery

19 of firearms in violation of paragraph (l) of subsection (A)

20 commits a Class 2 felony if the delivery is of one firearm.

21 Any person convicted of unlawful sale or delivery of

22 firearms in violation of paragraph (l) of subsection (A)

23 commits a Class 1 felony if the delivery is of not less

24 than 2 and not more than 5 firearms at the same time or

25 within a one year period. Any person convicted of unlawful

26 sale or delivery of firearms in violation of paragraph (l)

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1 of subsection (A) commits a Class X felony for which he or

2 she shall be sentenced to a term of imprisonment of not

3 less than 6 years and not more than 30 years if the

4 delivery is of not less than 6 and not more than 10

5 firearms at the same time or within a 2 year period. Any

6 person convicted of unlawful sale or delivery of firearms

7 in violation of paragraph (l) of subsection (A) commits a

8 Class X felony for which he or she shall be sentenced to a

9 term of imprisonment of not less than 6 years and not more

10 than 40 years if the delivery is of not less than 11 and

11 not more than 20 firearms at the same time or within a 3

12 year period. Any person convicted of unlawful sale or

13 delivery of firearms in violation of paragraph (l) of

14 subsection (A) commits a Class X felony for which he or she

15 shall be sentenced to a term of imprisonment of not less

16 than 6 years and not more than 50 years if the delivery is

17 of not less than 21 and not more than 30 firearms at the

18 same time or within a 4 year period. Any person convicted

19 of unlawful sale or delivery of firearms in violation of

20 paragraph (l) of subsection (A) commits a Class X felony

21 for which he or she shall be sentenced to a term of

22 imprisonment of not less than 6 years and not more than 60

23 years if the delivery is of 31 or more firearms at the same

24 time or within a 5 year period.

25 (D) For purposes of this Section:

26 "School" means a public or private elementary or secondary

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1 school, community college, college, or university.

2 "School related activity" means any sporting, social,

3 academic, or other activity for which students' attendance or

4 participation is sponsored, organized, or funded in whole or in

5 part by a school or school district.

6 (E) A prosecution for a violation of paragraph (k) of

7 subsection (A) of this Section may be commenced within 6 years

8 after the commission of the offense. A prosecution for a

9 violation of this Section other than paragraph (g) of

10 subsection (A) of this Section may be commenced within 5 years

11 after the commission of the offense defined in the particular

12 paragraph.

13 (Source: P.A. 97-227, eff. 1-1-12; 97-347, eff. 1-1-12; 97-813,

14 eff. 7-13-12; 97-1167, eff. 6-1-13; 98-508, eff. 8-19-13.)

15 (720 ILCS 5/24-3.3) (from Ch. 38, par. 24-3.3)

16 Sec. 24-3.3. Unlawful Sale or Delivery of Firearms on the

17 Premises ofa ~~Any~~ School, School Conveyance, or Public Housing

18 Residential Property ~~, regardless of the time of day or the time~~

19 ~~of year, or any conveyance owned, leased or contracted by a~~

20 ~~school to transport students to or from school or a school~~

21 ~~related activity, or residential property owned, operated or~~

22 ~~managed by a public housing agency~~.

23 (a) Any person 18 years of age or older commits unlawful

24 sale or delivery of firearms on the premises of a school,

25 school conveyance, or public housing residential property when

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1 he or she ~~who~~sells, gives or delivers any firearm to any

2 person under 18 years of age in any school, on the real

3 property comprising any school, ~~regardless of the time of day~~

4 ~~or the time of year~~ in any conveyance owned, leased, or

5 contracted by a school to transport students to or from school

6 or a school related activity,or residential property owned,

7 operated or managed by a public housing agency or leased by a

8 public housing agency as part of a scattered site or

9 mixed-income development~~, on the real property comprising any~~

10 ~~school, regardless of the time of day or the time of year or~~

11 ~~residential property owned, operated or managed by a public~~

12 ~~housing agency or leased by a public housing agency as part of~~

13 ~~a scattered site or mixed-income development commits a Class 3~~

14 ~~felony~~.

15 (b) For the purposes of this Section, "school" means ~~School~~

16 ~~is defined, for the purposes of this Section, as~~ any public or

17 private elementary or secondary school, community college,

18 college or university, regardless of the time of day or the

19 time of year.

20 (c) This Sectiondoes not apply to peace officers or to

21 students carrying or possessing firearms for use in school

22 training courses, parades, target shooting on school ranges, or

23 otherwise with the consent of school authorities and which

24 firearms are transported unloaded and enclosed in a suitable

25 case, box or transportation package.

26 (d) Sentence. A violation of this Section is a Class 3

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1 felony for which the sentence shall be a term of imprisonment

2 of not less than 2 years and not more than 5 years.

3 (Source: P.A. 91-673, eff. 12-22-99.)

4 (720 ILCS 5/24-3.7)

5 Sec. 24-3.7. Use of a stolen firearm in the commission of

6 an offense or forcible felony.

7 (a) A person commits ~~the offense of~~ use of a stolen firearm

8 in the commission of an offense when he or she knowingly uses a

9 stolen firearm in the commission of an ~~any~~ offense, other than

10 a forcible felony as defined in Section 2-8 of this Code, and

11 the person knows that the firearm was stolen.

12 (a-5) A person commits use of a stolen firearm in the

13 commission of a forcible felony as defined in Section 2-8 of

14 this Code and the person knows that the firearm was stolen.

15 (b) Sentence. Use of a stolen firearm in the commission of

16 an offense is a Class 2 felony. Use of a stolen firearm in the

17 commission of a forcible felony is a Class 2 felony for which

18 the sentence shall be a term of imprisonment of not less than 3

19 years and not more than 7 years.

20 (Source: P.A. 96-190, eff. 1-1-10.)

21 (720 ILCS 5/24-3.8)

22 Sec. 24-3.8. Possession of a stolen firearm.

23 (a) A person commits possession of a stolen firearm when he

24 or she, not being entitled to the possession of a firearm,

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1 possesses the firearm, knowing it to have been stolen or

2 converted. The trier of fact may infer that a person who

3 possesses a firearm with knowledge that its serial number has

4 been removed or altered has knowledge that the firearm is

5 stolen or converted.

6 (b) Possession of a stolen firearm is a Class 2 felony for

7 which the person, if sentenced to a term of imprisonment, shall

8 be sentenced to a term of imprisonment of not less than 3 years

9 and not more than 10 years.

10 (Source: P.A. 97-597, eff. 1-1-12; incorporates 97-347, eff.

11 1-1-12; 97-1109, eff. 1-1-13.)

12 Section 10. The Unified Code of Corrections is amended by

13 changing Section 5-5-3 as follows:

14 (730 ILCS 5/5-5-3) (from Ch. 38, par. 1005-5-3)

15 Sec. 5-5-3. Disposition.

16 (a) (Blank).

17 (b) (Blank).

18 (c) (1) (Blank).

19 (2) A period of probation, a term of periodic imprisonment

20 or conditional discharge shall not be imposed for the following

21 offenses. The court shall sentence the offender to not less

22 than the minimum term of imprisonment set forth in this Code

23 for the following offenses, and may order a fine or restitution

24 or both in conjunction with such term of imprisonment:

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1 (A) First degree murder where the death penalty is not

2 imposed.

3 (B) Attempted first degree murder.

4 (C) A Class X felony.

5 (D) A violation of Section 401.1 or 407 of the Illinois

6 Controlled Substances Act, or a violation of subdivision

7 (c)(1.5) or (c)(2) of Section 401 of that Act which relates

8 to more than 5 grams of a substance containing cocaine,

9 fentanyl, or an analog thereof.

10 (D-5) A violation of subdivision (c)(1) of Section 401

11 of the Illinois Controlled Substances Act which relates to

12 3 or more grams of a substance containing heroin or an

13 analog thereof.

14 (E) A violation of Section 5.1 or 9 of the Cannabis

15 Control Act.

16 (F) A Class 2 or greater felony if the offender had

17 been convicted of a Class 2 or greater felony, including

18 any state or federal conviction for an offense that

19 contained, at the time it was committed, the same elements

20 as an offense now (the date of the offense committed after

21 the prior Class 2 or greater felony) classified as a Class

22 2 or greater felony, within 10 years of the date on which

23 the offender committed the offense for which he or she is

24 being sentenced, except as otherwise provided in Section

25 40-10 of the Alcoholism and Other Drug Abuse and Dependency

26 Act.

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1 (F-5) A violation of Section 24-1, 24-1.1, or 24-1.6 of

2 the Criminal Code of 1961 or the Criminal Code of 2012 for

3 which imprisonment is prescribed in those Sections.

4 (G) Residential burglary, except as otherwise provided

5 in Section 40-10 of the Alcoholism and Other Drug Abuse and

6 Dependency Act.

7 (H) Criminal sexual assault.

8 (I) Aggravated battery of a senior citizen as described

9 in Section 12-4.6 or subdivision (a)(4) of Section 12-3.05

10 of the Criminal Code of 1961 or the Criminal Code of 2012.

11 (J) A forcible felony if the offense was related to the

12 activities of an organized gang.

13 Before July 1, 1994, for the purposes of this

14 paragraph, "organized gang" means an association of 5 or

15 more persons, with an established hierarchy, that

16 encourages members of the association to perpetrate crimes

17 or provides support to the members of the association who

18 do commit crimes.

19 Beginning July 1, 1994, for the purposes of this

20 paragraph, "organized gang" has the meaning ascribed to it

21 in Section 10 of the Illinois Streetgang Terrorism Omnibus

22 Prevention Act.

23 (K) Vehicular hijacking.

24 (L) A second or subsequent conviction for the offense

25 of hate crime when the underlying offense upon which the

26 hate crime is based is felony aggravated assault or felony

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1 mob action.

2 (M) A second or subsequent conviction for the offense

3 of institutional vandalism if the damage to the property

4 exceeds $300.

5 (N) A Class 3 felony violation of paragraph (1) of

6 subsection (a) of Section 2 of the Firearm Owners

7 Identification Card Act.

8 (O) A violation of Section 12-6.1 or 12-6.5 of the

9 Criminal Code of 1961 or the Criminal Code of 2012.

10 (P) A violation of paragraph (1), (2), (3), (4), (5),

11 or (7) of subsection (a) of Section 11-20.1 of the Criminal

12 Code of 1961 or the Criminal Code of 2012.

13 (Q) A violation of subsection (b) or (b-5) of Section

14 20-1, Section 20-1.2, or Section 20-1.3 of the Criminal

15 Code of 1961 or the Criminal Code of 2012.

16 (R) A violation of Section 24-3A of the Criminal Code

17 of 1961 or the Criminal Code of 2012.

18 (S) (Blank).

19 (T) A second or subsequent violation of the

20 Methamphetamine Control and Community Protection Act.

21 (U) A second or subsequent violation of Section 6-303

22 of the Illinois Vehicle Code committed while his or her

23 driver's license, permit, or privilege was revoked because

24 of a violation of Section 9-3 of the Criminal Code of 1961

25 or the Criminal Code of 2012, relating to the offense of

26 reckless homicide, or a similar provision of a law of

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1 another state.

2 (V) A violation of paragraph (4) of subsection (c) of

3 Section 11-20.1B or paragraph (4) of subsection (c) of

4 Section 11-20.3 of the Criminal Code of 1961, or paragraph

5 (6) of subsection (a) of Section 11-20.1 of the Criminal

6 Code of 2012 when the victim is under 13 years of age and

7 the defendant has previously been convicted under the laws

8 of this State or any other state of the offense of child

9 pornography, aggravated child pornography, aggravated

10 criminal sexual abuse, aggravated criminal sexual assault,

11 predatory criminal sexual assault of a child, or any of the

12 offenses formerly known as rape, deviate sexual assault,

13 indecent liberties with a child, or aggravated indecent

14 liberties with a child where the victim was under the age

15 of 18 years or an offense that is substantially equivalent

16 to those offenses.

17 (W) A violation of Section 24-3.5 of the Criminal Code

18 of 1961 or the Criminal Code of 2012.

19 (X) A violation of subsection (a) of Section 31-1a of

20 the Criminal Code of 1961 or the Criminal Code of 2012.

21 (Y) A conviction for unlawful possession of a firearm

22 by a street gang member when the firearm was loaded or

23 contained firearm ammunition.

24 (Z) A Class 1 felony committed while he or she was

25 serving a term of probation or conditional discharge for a

26 felony.

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1 (AA) Theft of property exceeding $500,000 and not

2 exceeding $1,000,000 in value.

3 (BB) Laundering of criminally derived property of a

4 value exceeding $500,000.

5 (CC) Knowingly selling, offering for sale, holding for

6 sale, or using 2,000 or more counterfeit items or

7 counterfeit items having a retail value in the aggregate of

8 $500,000 or more.

9 (DD) A conviction for aggravated assault under

10 paragraph (6) of subsection (c) of Section 12-2 of the

11 Criminal Code of 1961 or the Criminal Code of 2012 if the

12 firearm is aimed toward the person against whom the firearm

13 is being used.

14 (EE) A conviction of Section 24-3.3 of the Criminal

15 Code of 2012.

16 (FF) A conviction for use of a stolen firearm in the

17 commission of a forcible felony under subsection (a-5) of

18 Section 24-3.7 of the Criminal Code of 2012.

19 (3) (Blank).

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

21 consecutive days or 30 days of community service shall be

22 imposed for a violation of paragraph (c) of Section 6-303 of

23 the Illinois Vehicle Code.

24 (4.1) (Blank).

25 (4.2) Except as provided in paragraphs (4.3) and (4.8) of

26 this subsection (c), a minimum of 100 hours of community

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1 service shall be imposed for a second violation of Section

2 6-303 of the Illinois Vehicle Code.

3 (4.3) A minimum term of imprisonment of 30 days or 300

4 hours of community service, as determined by the court, shall

5 be imposed for a second violation of subsection (c) of Section

6 6-303 of the Illinois Vehicle Code.

7 (4.4) Except as provided in paragraphs (4.5), (4.6), and

8 (4.9) of this subsection (c), a minimum term of imprisonment of

9 30 days or 300 hours of community service, as determined by the

10 court, shall be imposed for a third or subsequent violation of

11 Section 6-303 of the Illinois Vehicle Code.

12 (4.5) A minimum term of imprisonment of 30 days shall be

13 imposed for a third violation of subsection (c) of Section

14 6-303 of the Illinois Vehicle Code.

15 (4.6) Except as provided in paragraph (4.10) of this

16 subsection (c), a minimum term of imprisonment of 180 days

17 shall be imposed for a fourth or subsequent violation of

18 subsection (c) of Section 6-303 of the Illinois Vehicle Code.

19 (4.7) A minimum term of imprisonment of not less than 30

20 consecutive days, or 300 hours of community service, shall be

21 imposed for a violation of subsection (a-5) of Section 6-303 of

22 the Illinois Vehicle Code, as provided in subsection (b-5) of

23 that Section.

24 (4.8) A mandatory prison sentence shall be imposed for a

25 second violation of subsection (a-5) of Section 6-303 of the

26 Illinois Vehicle Code, as provided in subsection (c-5) of that

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1 Section. The person's driving privileges shall be revoked for a

2 period of not less than 5 years from the date of his or her

3 release from prison.

4 (4.9) A mandatory prison sentence of not less than 4 and

5 not more than 15 years shall be imposed for a third violation

6 of subsection (a-5) of Section 6-303 of the Illinois Vehicle

7 Code, as provided in subsection (d-2.5) of that Section. The

8 person's driving privileges shall be revoked for the remainder

9 of his or her life.

10 (4.10) A mandatory prison sentence for a Class 1 felony

11 shall be imposed, and the person shall be eligible for an

12 extended term sentence, for a fourth or subsequent violation of

13 subsection (a-5) of Section 6-303 of the Illinois Vehicle Code,

14 as provided in subsection (d-3.5) of that Section. The person's

15 driving privileges shall be revoked for the remainder of his or

16 her life.

17 (5) The court may sentence a corporation or unincorporated

18 association convicted of any offense to:

19 (A) a period of conditional discharge;

20 (B) a fine;

21 (C) make restitution to the victim under Section 5-5-6

22 of this Code.

23 (5.1) In addition to any other penalties imposed, and

24 except as provided in paragraph (5.2) or (5.3), a person

25 convicted of violating subsection (c) of Section 11-907 of the

26 Illinois Vehicle Code shall have his or her driver's license,

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1 permit, or privileges suspended for at least 90 days but not

2 more than one year, if the violation resulted in damage to the

3 property of another person.

4 (5.2) In addition to any other penalties imposed, and

5 except as provided in paragraph (5.3), a person convicted of

6 violating subsection (c) of Section 11-907 of the Illinois

7 Vehicle Code shall have his or her driver's license, permit, or

8 privileges suspended for at least 180 days but not more than 2

9 years, if the violation resulted in injury to another person.

10 (5.3) In addition to any other penalties imposed, a person

11 convicted of violating subsection (c) of Section 11-907 of the

12 Illinois Vehicle Code shall have his or her driver's license,

13 permit, or privileges suspended for 2 years, if the violation

14 resulted in the death of another person.

15 (5.4) In addition to any other penalties imposed, a person

16 convicted of violating Section 3-707 of the Illinois Vehicle

17 Code shall have his or her driver's license, permit, or

18 privileges suspended for 3 months and until he or she has paid

19 a reinstatement fee of $100.

20 (5.5) In addition to any other penalties imposed, a person

21 convicted of violating Section 3-707 of the Illinois Vehicle

22 Code during a period in which his or her driver's license,

23 permit, or privileges were suspended for a previous violation

24 of that Section shall have his or her driver's license, permit,

25 or privileges suspended for an additional 6 months after the

26 expiration of the original 3-month suspension and until he or

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1 she has paid a reinstatement fee of $100.

2 (6) (Blank).

3 (7) (Blank).

4 (8) (Blank).

5 (9) A defendant convicted of a second or subsequent offense

6 of ritualized abuse of a child may be sentenced to a term of

7 natural life imprisonment.

8 (10) (Blank).

9 (11) The court shall impose a minimum fine of $1,000 for a

10 first offense and $2,000 for a second or subsequent offense

11 upon a person convicted of or placed on supervision for battery

12 when the individual harmed was a sports official or coach at

13 any level of competition and the act causing harm to the sports

14 official or coach occurred within an athletic facility or

15 within the immediate vicinity of the athletic facility at which

16 the sports official or coach was an active participant of the

17 athletic contest held at the athletic facility. For the

18 purposes of this paragraph (11), "sports official" means a

19 person at an athletic contest who enforces the rules of the

20 contest, such as an umpire or referee; "athletic facility"

21 means an indoor or outdoor playing field or recreational area

22 where sports activities are conducted; and "coach" means a

23 person recognized as a coach by the sanctioning authority that

24 conducted the sporting event.

25 (12) A person may not receive a disposition of court

26 supervision for a violation of Section 5-16 of the Boat

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1 Registration and Safety Act if that person has previously

2 received a disposition of court supervision for a violation of

3 that Section.

4 (13) A person convicted of or placed on court supervision

5 for an assault or aggravated assault when the victim and the

6 offender are family or household members as defined in Section

7 103 of the Illinois Domestic Violence Act of 1986 or convicted

8 of domestic battery or aggravated domestic battery may be

9 required to attend a Partner Abuse Intervention Program under

10 protocols set forth by the Illinois Department of Human

11 Services under such terms and conditions imposed by the court.

12 The costs of such classes shall be paid by the offender.

13 (d) In any case in which a sentence originally imposed is

14 vacated, the case shall be remanded to the trial court. The

15 trial court shall hold a hearing under Section 5-4-1 of the

16 Unified Code of Corrections which may include evidence of the

17 defendant's life, moral character and occupation during the

18 time since the original sentence was passed. The trial court

19 shall then impose sentence upon the defendant. The trial court

20 may impose any sentence which could have been imposed at the

21 original trial subject to Section 5-5-4 of the Unified Code of

22 Corrections. If a sentence is vacated on appeal or on

23 collateral attack due to the failure of the trier of fact at

24 trial to determine beyond a reasonable doubt the existence of a

25 fact (other than a prior conviction) necessary to increase the

26 punishment for the offense beyond the statutory maximum

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1 otherwise applicable, either the defendant may be re-sentenced

2 to a term within the range otherwise provided or, if the State

3 files notice of its intention to again seek the extended

4 sentence, the defendant shall be afforded a new trial.

5 (e) In cases where prosecution for aggravated criminal

6 sexual abuse under Section 11-1.60 or 12-16 of the Criminal

7 Code of 1961 or the Criminal Code of 2012 results in conviction

8 of a defendant who was a family member of the victim at the

9 time of the commission of the offense, the court shall consider

10 the safety and welfare of the victim and may impose a sentence

11 of probation only where:

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

13 (A) the defendant is willing to undergo a court

14 approved counseling program for a minimum duration of 2

15 years; or

16 (B) the defendant is willing to participate in a

17 court approved plan including but not limited to the

18 defendant's:

19 (i) removal from the household;

20 (ii) restricted contact with the victim;

21 (iii) continued financial support of the

22 family;

23 (iv) restitution for harm done to the victim;

24 and

25 (v) compliance with any other measures that

26 the court may deem appropriate; and

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1 (2) the court orders the defendant to pay for the

2 victim's counseling services, to the extent that the court

3 finds, after considering the defendant's income and

4 assets, that the defendant is financially capable of paying

5 for such services, if the victim was under 18 years of age

6 at the time the offense was committed and requires

7 counseling as a result of the offense.

8 Probation may be revoked or modified pursuant to Section

9 5-6-4; except where the court determines at the hearing that

10 the defendant violated a condition of his or her probation

11 restricting contact with the victim or other family members or

12 commits another offense with the victim or other family

13 members, the court shall revoke the defendant's probation and

14 impose a term of imprisonment.

15 For the purposes of this Section, "family member" and

16 "victim" shall have the meanings ascribed to them in Section

17 11-0.1 of the Criminal Code of 2012.

18 (f) (Blank).

19 (g) Whenever a defendant is convicted of an offense under

20 Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-14,

21 11-14.3, 11-14.4 except for an offense that involves keeping a

22 place of juvenile prostitution, 11-15, 11-15.1, 11-16, 11-17,

23 11-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 12-13, 12-14,

24 12-14.1, 12-15 or 12-16 of the Criminal Code of 1961 or the

25 Criminal Code of 2012, the defendant shall undergo medical

26 testing to determine whether the defendant has any sexually

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1 transmissible disease, including a test for infection with

2 human immunodeficiency virus (HIV) or any other identified

3 causative agent of acquired immunodeficiency syndrome (AIDS).

4 Any such medical test shall be performed only by appropriately

5 licensed medical practitioners and may include an analysis of

6 any bodily fluids as well as an examination of the defendant's

7 person. Except as otherwise provided by law, the results of

8 such test shall be kept strictly confidential by all medical

9 personnel involved in the testing and must be personally

10 delivered in a sealed envelope to the judge of the court in

11 which the conviction was entered for the judge's inspection in

12 camera. Acting in accordance with the best interests of the

13 victim and the public, the judge shall have the discretion to

14 determine to whom, if anyone, the results of the testing may be

15 revealed. The court shall notify the defendant of the test

16 results. The court shall also notify the victim if requested by

17 the victim, and if the victim is under the age of 15 and if

18 requested by the victim's parents or legal guardian, the court

19 shall notify the victim's parents or legal guardian of the test

20 results. The court shall provide information on the

21 availability of HIV testing and counseling at Department of

22 Public Health facilities to all parties to whom the results of

23 the testing are revealed and shall direct the State's Attorney

24 to provide the information to the victim when possible. A

25 State's Attorney may petition the court to obtain the results

26 of any HIV test administered under this Section, and the court

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1 shall grant the disclosure if the State's Attorney shows it is

2 relevant in order to prosecute a charge of criminal

3 transmission of HIV under Section 12-5.01 or 12-16.2 of the

4 Criminal Code of 1961 or the Criminal Code of 2012 against the

5 defendant. The court shall order that the cost of any such test

6 shall be paid by the county and may be taxed as costs against

7 the convicted defendant.

8 (g-5) When an inmate is tested for an airborne communicable

9 disease, as determined by the Illinois Department of Public

10 Health including but not limited to tuberculosis, the results

11 of the test shall be personally delivered by the warden or his

12 or her designee in a sealed envelope to the judge of the court

13 in which the inmate must appear for the judge's inspection in

14 camera if requested by the judge. Acting in accordance with the

15 best interests of those in the courtroom, the judge shall have

16 the discretion to determine what if any precautions need to be

17 taken to prevent transmission of the disease in the courtroom.

18 (h) Whenever a defendant is convicted of an offense under

19 Section 1 or 2 of the Hypodermic Syringes and Needles Act, the

20 defendant shall undergo medical testing to determine whether

21 the defendant has been exposed to human immunodeficiency virus

22 (HIV) or any other identified causative agent of acquired

23 immunodeficiency syndrome (AIDS). Except as otherwise provided

24 by law, the results of such test shall be kept strictly

25 confidential by all medical personnel involved in the testing

26 and must be personally delivered in a sealed envelope to the

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1 judge of the court in which the conviction was entered for the

2 judge's inspection in camera. Acting in accordance with the

3 best interests of the public, the judge shall have the

4 discretion to determine to whom, if anyone, the results of the

5 testing may be revealed. The court shall notify the defendant

6 of a positive test showing an infection with the human

7 immunodeficiency virus (HIV). The court shall provide

8 information on the availability of HIV testing and counseling

9 at Department of Public Health facilities to all parties to

10 whom the results of the testing are revealed and shall direct

11 the State's Attorney to provide the information to the victim

12 when possible. A State's Attorney may petition the court to

13 obtain the results of any HIV test administered under this

14 Section, and the court shall grant the disclosure if the

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

16 charge of criminal transmission of HIV under Section 12-5.01 or

17 12-16.2 of the Criminal Code of 1961 or the Criminal Code of

18 2012 against the defendant. The court shall order that the cost

19 of any such test shall be paid by the county and may be taxed as

20 costs against the convicted defendant.

21 (i) All fines and penalties imposed under this Section for

22 any violation of Chapters 3, 4, 6, and 11 of the Illinois

23 Vehicle Code, or a similar provision of a local ordinance, and

24 any violation of the Child Passenger Protection Act, or a

25 similar provision of a local ordinance, shall be collected and

26 disbursed by the circuit clerk as provided under Section 27.5

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1 of the Clerks of Courts Act.

2 (j) In cases when prosecution for any violation of Section

3 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-8, 11-9,

4 11-11, 11-14, 11-14.3, 11-14.4, 11-15, 11-15.1, 11-16, 11-17,

5 11-17.1, 11-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 11-20.1,

6 11-20.1B, 11-20.3, 11-21, 11-30, 11-40, 12-13, 12-14, 12-14.1,

7 12-15, or 12-16 of the Criminal Code of 1961 or the Criminal

8 Code of 2012, any violation of the Illinois Controlled

9 Substances Act, any violation of the Cannabis Control Act, or

10 any violation of the Methamphetamine Control and Community

11 Protection Act results in conviction, a disposition of court

12 supervision, or an order of probation granted under Section 10

13 of the Cannabis Control Act, Section 410 of the Illinois

14 Controlled Substances Act, or Section 70 of the Methamphetamine

15 Control and Community Protection Act of a defendant, the court

16 shall determine whether the defendant is employed by a facility

17 or center as defined under the Child Care Act of 1969, a public

18 or private elementary or secondary school, or otherwise works

19 with children under 18 years of age on a daily basis. When a

20 defendant is so employed, the court shall order the Clerk of

21 the Court to send a copy of the judgment of conviction or order

22 of supervision or probation to the defendant's employer by

23 certified mail. If the employer of the defendant is a school,

24 the Clerk of the Court shall direct the mailing of a copy of

25 the judgment of conviction or order of supervision or probation

26 to the appropriate regional superintendent of schools. The

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1 regional superintendent of schools shall notify the State Board

2 of Education of any notification under this subsection.

3 (j-5) A defendant at least 17 years of age who is convicted

4 of a felony and who has not been previously convicted of a

5 misdemeanor or felony and who is sentenced to a term of

6 imprisonment in the Illinois Department of Corrections shall as

7 a condition of his or her sentence be required by the court to

8 attend educational courses designed to prepare the defendant

9 for a high school diploma and to work toward a high school

10 diploma or to work toward passing high school equivalency

11 testing or to work toward completing a vocational training

12 program offered by the Department of Corrections. If a

13 defendant fails to complete the educational training required

14 by his or her sentence during the term of incarceration, the

15 Prisoner Review Board shall, as a condition of mandatory

16 supervised release, require the defendant, at his or her own

17 expense, to pursue a course of study toward a high school

18 diploma or passage of high school equivalency testing. The

19 Prisoner Review Board shall revoke the mandatory supervised

20 release of a defendant who wilfully fails to comply with this

21 subsection (j-5) upon his or her release from confinement in a

22 penal institution while serving a mandatory supervised release

23 term; however, the inability of the defendant after making a

24 good faith effort to obtain financial aid or pay for the

25 educational training shall not be deemed a wilful failure to

26 comply. The Prisoner Review Board shall recommit the defendant

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1 whose mandatory supervised release term has been revoked under

2 this subsection (j-5) as provided in Section 3-3-9. This

3 subsection (j-5) does not apply to a defendant who has a high

4 school diploma or has successfully passed high school

5 equivalency testing. This subsection (j-5) does not apply to a

6 defendant who is determined by the court to be developmentally

7 disabled or otherwise mentally incapable of completing the

8 educational or vocational program.

9 (k) (Blank).

10 (l) (A) Except as provided in paragraph (C) of subsection

11 (l), whenever a defendant, who is an alien as defined by the

12 Immigration and Nationality Act, is convicted of any felony or

13 misdemeanor offense, the court after sentencing the defendant

14 may, upon motion of the State's Attorney, hold sentence in

15 abeyance and remand the defendant to the custody of the

16 Attorney General of the United States or his or her designated

17 agent to be deported when:

18 (1) a final order of deportation has been issued

19 against the defendant pursuant to proceedings under the

20 Immigration and Nationality Act, and

21 (2) the deportation of the defendant would not

22 deprecate the seriousness of the defendant's conduct and

23 would not be inconsistent with the ends of justice.

24 Otherwise, the defendant shall be sentenced as provided in

25 this Chapter V.

26 (B) If the defendant has already been sentenced for a

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1 felony or misdemeanor offense, or has been placed on probation

2 under Section 10 of the Cannabis Control Act, Section 410 of

3 the Illinois Controlled Substances Act, or Section 70 of the

4 Methamphetamine Control and Community Protection Act, the

5 court may, upon motion of the State's Attorney to suspend the

6 sentence imposed, commit the defendant to the custody of the

7 Attorney General of the United States or his or her designated

8 agent when:

9 (1) a final order of deportation has been issued

10 against the defendant pursuant to proceedings under the

11 Immigration and Nationality Act, and

12 (2) the deportation of the defendant would not

13 deprecate the seriousness of the defendant's conduct and

14 would not be inconsistent with the ends of justice.

15 (C) This subsection (l) does not apply to offenders who are

16 subject to the provisions of paragraph (2) of subsection (a) of

17 Section 3-6-3.

18 (D) Upon motion of the State's Attorney, if a defendant

19 sentenced under this Section returns to the jurisdiction of the

20 United States, the defendant shall be recommitted to the

21 custody of the county from which he or she was sentenced.

22 Thereafter, the defendant shall be brought before the

23 sentencing court, which may impose any sentence that was

24 available under Section 5-5-3 at the time of initial

25 sentencing. In addition, the defendant shall not be eligible

26 for additional sentence credit for good conduct as provided

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1 under Section 3-6-3.

2 (m) A person convicted of criminal defacement of property

3 under Section 21-1.3 of the Criminal Code of 1961 or the

4 Criminal Code of 2012, in which the property damage exceeds

5 $300 and the property damaged is a school building, shall be

6 ordered to perform community service that may include cleanup,

7 removal, or painting over the defacement.

8 (n) The court may sentence a person convicted of a

9 violation of Section 12-19, 12-21, 16-1.3, or 17-56, or

10 subsection (a) or (b) of Section 12-4.4a, of the Criminal Code

11 of 1961 or the Criminal Code of 2012 (i) to an impact

12 incarceration program if the person is otherwise eligible for

13 that program under Section 5-8-1.1, (ii) to community service,

14 or (iii) if the person is an addict or alcoholic, as defined in

15 the Alcoholism and Other Drug Abuse and Dependency Act, to a

16 substance or alcohol abuse program licensed under that Act.

17 (o) Whenever a person is convicted of a sex offense as

18 defined in Section 2 of the Sex Offender Registration Act, the

19 defendant's driver's license or permit shall be subject to

20 renewal on an annual basis in accordance with the provisions of

21 license renewal established by the Secretary of State.

22 (Source: P.A. 97-159, eff. 7-21-11; 97-697, eff. 6-22-12;

23 97-917, eff. 8-9-12; 97-1108, eff. 1-1-13; 97-1109, eff.

24 1-1-13; 97-1150, eff. 1-25-13; 98-718, eff. 1-1-15; 98-756,

25 eff. 7-16-14.)

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INDEX

Statutes amended in order of appearance