102ND GENERAL ASSEMBLY State of Illinois 2021 and 2022 SB2925

Introduced 10/13/2021, by Sen. Chapin Rose, Donald P. DeWitte and Terri Bryant

SYNOPSIS AS INTRODUCED:

`720 ILCS 5/24-3`	`from Ch. 38, par. 24-3`
`730 ILCS 5/5-5-3`

Amends the Criminal Code of 2012. Provides that a person who sells or

gives any firearm to any person who has been convicted of a
felony under

the laws of Illinois or any other jurisdiction is guilty of a Class X felony for which he or she shall be sentenced to a term of imprisonment of not less than 10 years and not more than 30 years (rather than a Class 3 felony). Amends the Unified Code of Corrections. Provides that a period of

probation, a term of periodic imprisonment, or
conditional discharge shall

not be imposed for the offense.

LRB102 20125 RLC 28977 b

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

5 changing Section 24-3 as follows:

6 (720 ILCS 5/24-3) (from Ch. 38, par. 24-3)

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

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

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

10 following:

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

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

13 age.

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

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

16 than a traffic offense or adjudged delinquent.

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

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

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

20 other jurisdiction.

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

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

23 years. In this subsection (e):

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1 "Mental institution" means any hospital,

2 institution, clinic, evaluation facility, mental

3 health center, or part thereof, which is used

4 primarily for the care or treatment of persons with

5 mental illness.

6 "Patient in a mental institution" means the person

7 was admitted, either voluntarily or involuntarily, to

8 a mental institution for mental health treatment,

9 unless the treatment was voluntary and solely for an

10 alcohol abuse disorder and no other secondary

11 substance abuse disorder or mental illness.

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

13 person with an intellectual disability.

14 (g) Delivers any firearm, incidental to a sale,

15 without withholding delivery of the firearm for at least

16 72 hours after application for its purchase has been made,

17 or delivers a stun gun or taser, incidental to a sale,

18 without withholding delivery of the stun gun or taser for

19 at least 24 hours after application for its purchase has

20 been made. However, this paragraph (g) does not apply to:

21 (1) the sale of a firearm to a law enforcement officer if

22 the seller of the firearm knows that the person to whom he

23 or she is selling the firearm is a law enforcement officer

24 or the sale of a firearm to a person who desires to

25 purchase a firearm for use in promoting the public

26 interest incident to his or her employment as a bank

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1 guard, armed truck guard, or other similar employment; (2)

2 a mail order sale of a firearm from a federally licensed

3 firearms dealer to a nonresident of Illinois under which

4 the firearm is mailed to a federally licensed firearms

5 dealer outside the boundaries of Illinois; (3) (blank);

6 (4) the sale of a firearm to a dealer licensed as a federal

7 firearms dealer under Section 923 of the federal Gun

8 Control Act of 1968 (18 U.S.C. 923); or (5) the transfer or

9 sale of any rifle, shotgun, or other long gun to a resident

10 registered competitor or attendee or non-resident

11 registered competitor or attendee by any dealer licensed

12 as a federal firearms dealer under Section 923 of the

13 federal Gun Control Act of 1968 at competitive shooting

14 events held at the World Shooting Complex sanctioned by a

15 national governing body. For purposes of transfers or

16 sales under subparagraph (5) of this paragraph (g), the

17 Department of Natural Resources shall give notice to the

18 Department of State Police at least 30 calendar days prior

19 to any competitive shooting events at the World Shooting

20 Complex sanctioned by a national governing body. The

21 notification shall be made on a form prescribed by the

22 Department of State Police. The sanctioning body shall

23 provide a list of all registered competitors and attendees

24 at least 24 hours before the events to the Department of

25 State Police. Any changes to the list of registered

26 competitors and attendees shall be forwarded to the

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1 Department of State Police as soon as practicable. The

2 Department of State Police must destroy the list of

3 registered competitors and attendees no later than 30 days

4 after the date of the event. Nothing in this paragraph (g)

5 relieves a federally licensed firearm dealer from the

6 requirements of conducting a NICS background check through

7 the Illinois Point of Contact under 18 U.S.C. 922(t). For

8 purposes of this paragraph (g), "application" means when

9 the buyer and seller reach an agreement to purchase a

10 firearm. For purposes of this paragraph (g), "national

11 governing body" means a group of persons who adopt rules

12 and formulate policy on behalf of a national firearm

13 sporting organization.

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

15 manufacturer or pawnbroker under the federal Gun Control

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

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

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

19 other nonhomogeneous metal which will melt or deform at a

20 temperature of less than 800 degrees Fahrenheit. For

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

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

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

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

25 combination of parts from which such a firearm can be

26 assembled.

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

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

3 Owner's Identification Card.

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

5 business of selling firearms at wholesale or retail

6 without being licensed as a federal firearms dealer under

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

8 U.S.C. 923). In this paragraph (j):

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

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

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

12 principal objective of livelihood and profit, but does not

13 include a person who makes occasional repairs of firearms

14 or who occasionally fits special barrels, stocks, or

15 trigger mechanisms to firearms.

16 "With the principal objective of livelihood and

17 profit" means that the intent underlying the sale or

18 disposition of firearms is predominantly one of obtaining

19 livelihood and pecuniary gain, as opposed to other

20 intents, such as improving or liquidating a personal

21 firearms collection; however, proof of profit shall not be

22 required as to a person who engages in the regular and

23 repetitive purchase and disposition of firearms for

24 criminal purposes or terrorism.

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

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

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1 the firearm either: (1) a currently valid Firearm Owner's

2 Identification Card that has previously been issued in the

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

4 the provisions of the Firearm Owners Identification Card

5 Act; or (2) a currently valid license to carry a concealed

6 firearm that has previously been issued in the

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

8 the Firearm Concealed Carry Act. This paragraph (k) does

9 not apply to the transfer of a firearm to a person who is

10 exempt from the requirement of possessing a Firearm

11 Owner's Identification Card under Section 2 of the Firearm

12 Owners Identification Card Act. For the purposes of this

13 Section, a currently valid Firearm Owner's Identification

14 Card means (i) a Firearm Owner's Identification Card that

15 has not expired or (ii) an approval number issued in

16 accordance with subsection (a-10) of subsection 3 or

17 Section 3.1 of the Firearm Owners Identification Card Act

18 shall be proof that the Firearm Owner's Identification

19 Card was valid.

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

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

22 licensed firearms dealers must also have complied with

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

24 Identification Card Act by determining the validity of

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

26 (2) All sellers or transferors who have complied

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1 with the requirements of subparagraph (1) of this

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

3 civil action arising from the use or misuse by the

4 transferee of the firearm transferred, except for

5 willful or wanton misconduct on the part of the seller

6 or transferor.

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

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

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

10 a firearm with knowledge that its serial number has been

11 removed or altered has knowledge that the firearm is

12 stolen or converted.

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

14 firearms sold within 6 months after enactment of Public Act

15 78-355 (approved August 21, 1973, effective October 1, 1973),

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

17 purchased by any citizen within 6 months after the enactment

18 of Public Act 78-355 subject to confiscation or seizure under

19 the provisions of that Public Act. Nothing in Public Act

20 78-355 shall be construed to prohibit the gift or trade of any

21 firearm if that firearm was legally held or acquired within 6

22 months after the enactment of that Public Act.

23 (C) Sentence.

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

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

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

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

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

3 subsection (A) commits a Class 3 felony.

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

5 of firearms in violation of paragraph (a) of subsection

6 (A) commits a Class 2 felony.

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

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

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

10 comprising a school, within 1,000 feet of the real

11 property comprising a school, at a school related

12 activity, or on or within 1,000 feet of any conveyance

13 owned, leased, or contracted by a school or school

14 district to transport students to or from school or a

15 school related activity, regardless of the time of day or

16 time of year at which the offense was committed, commits a

17 Class 1 felony. Any person convicted of a second or

18 subsequent violation of unlawful sale or delivery of

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

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

21 comprising a school, within 1,000 feet of the real

22 property comprising a school, at a school related

23 activity, or on or within 1,000 feet of any conveyance

24 owned, leased, or contracted by a school or school

25 district to transport students to or from school or a

26 school related activity, regardless of the time of day or

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1 time of year at which the offense was committed, commits a

2 Class 1 felony for which the sentence shall be a term of

3 imprisonment of no less than 5 years and no more than 15

4 years.

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

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

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

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

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

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

11 residential property owned, operated, or managed by a

12 public housing agency or leased by a public housing agency

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

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

15 real property comprising any courthouse, or on any public

16 way within 1,000 feet of the real property comprising any

17 public park, courthouse, or residential property owned,

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

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

20 mixed-income development commits a Class 2 felony.

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

22 of firearms in violation of paragraph (j) of subsection

23 (A) commits a Class A misdemeanor. A second or subsequent

24 violation is a Class 4 felony.

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

26 of firearms in violation of paragraph (k) of subsection

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1 (A) commits a Class 4 felony, except that a violation of

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

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

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

5 subsection (A) is a Class 1 felony.

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

7 unlawful sale or delivery of firearms in violation of

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

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

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

11 forcible felony, shall be fined or imprisoned, or both,

12 not to exceed the maximum provided for the most serious

13 forcible felony so committed or attempted by the person

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

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

16 of firearms in violation of paragraph (d) of subsection

17 (A) commits a Class X felony for which he or she shall be

18 sentenced to a term of imprisonment of not less than 10

19 years and not more than 30 years ~~3 felony~~.

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

21 of firearms in violation of paragraph (l) of subsection

22 (A) commits a Class 2 felony if the delivery is of one

23 firearm. Any person convicted of unlawful sale or delivery

24 of firearms in violation of paragraph (l) of subsection

25 (A) commits a Class 1 felony if the delivery is of not less

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

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

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

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

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

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

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

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

8 person convicted of unlawful sale or delivery of firearms

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

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

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

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

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

14 year period. Any person convicted of unlawful sale or

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

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

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

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

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

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

21 of unlawful sale or delivery of firearms in violation of

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

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

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

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

26 time or within a 5 year period.

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1 (D) For purposes of this Section:

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

3 school, community college, college, or university.

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

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

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

7 in part by a school or school district.

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

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

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

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

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

13 after the commission of the offense defined in the particular

14 paragraph.

15 (Source: P.A. 99-29, eff. 7-10-15; 99-143, eff. 7-27-15;

16 99-642, eff. 7-28-16; 100-606, eff. 1-1-19.)

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

18 changing Section 5-5-3 as follows:

19 (730 ILCS 5/5-5-3)

20 Sec. 5-5-3. Disposition.

21 (a) (Blank).

22 (b) (Blank).

23 (c) (1) (Blank).

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

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1 or conditional discharge shall not be imposed for the

2 following offenses. The court shall sentence the offender to

3 not less than the minimum term of imprisonment set forth in

4 this Code for the following offenses, and may order a fine or

5 restitution or both in conjunction with such term of

6 imprisonment:

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

8 imposed.

9 (B) Attempted first degree murder.

10 (C) A Class X felony.

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

12 Illinois Controlled Substances Act, or a violation of

13 subdivision (c)(1.5) of Section 401 of that Act which

14 relates to more than 5 grams of a substance containing

15 fentanyl or an analog thereof.

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

17 of the Illinois Controlled Substances Act which relates to

18 3 or more grams of a substance containing heroin or an

19 analog thereof.

20 (E) (Blank).

21 (F) A Class 1 or greater felony if the offender had

22 been convicted of a Class 1 or greater felony, including

23 any state or federal conviction for an offense that

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

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

26 the prior Class 1 or greater felony) classified as a Class

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1 1 or greater felony, within 10 years of the date on which

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

3 being sentenced, except as otherwise provided in Section

4 40-10 of the Substance Use Disorder Act.

5 (F-3) A Class 2 or greater felony sex offense or

6 felony firearm offense if the offender had been convicted

7 of a Class 2 or greater felony, including any state or

8 federal conviction for an offense that contained, at the

9 time it was committed, the same elements as an offense now

10 (the date of the offense committed after the prior Class 2

11 or greater felony) classified as a Class 2 or greater

12 felony, within 10 years of the date on which the offender

13 committed the offense for which he or she is being

14 sentenced, except as otherwise provided in Section 40-10

15 of the Substance Use Disorder Act.

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

17 or paragraph (d) of subsection (A) of Section 24-3 of the

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

19 which imprisonment is prescribed in those Sections.

20 (G) Residential burglary, except as otherwise provided

21 in Section 40-10 of the Substance Use Disorder Act.

22 (H) Criminal sexual assault.

23 (I) Aggravated battery of a senior citizen as

24 described in Section 12-4.6 or subdivision (a)(4) of

25 Section 12-3.05 of the Criminal Code of 1961 or the

26 Criminal Code of 2012.

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

2 the activities of an organized gang.

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

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

5 more persons, with an established hierarchy, that

6 encourages members of the association to perpetrate crimes

7 or provides support to the members of the association who

8 do commit crimes.

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

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

11 in Section 10 of the Illinois Streetgang Terrorism Omnibus

12 Prevention Act.

13 (K) Vehicular hijacking.

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

15 of hate crime when the underlying offense upon which the

16 hate crime is based is felony aggravated assault or felony

17 mob action.

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

19 of institutional vandalism if the damage to the property

20 exceeds $300.

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

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

23 Identification Card Act.

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

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

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

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

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

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

4 20-1, Section 20-1.2, or Section 20-1.3 of the Criminal

5 Code of 1961 or the Criminal Code of 2012.

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

7 of 1961 or the Criminal Code of 2012.

8 (S) (Blank).

9 (T) (Blank).

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

11 of the Illinois Vehicle Code committed while his or her

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

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

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

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

16 another state.

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

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

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

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

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

22 the defendant has previously been convicted under the laws

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

24 pornography, aggravated child pornography, aggravated

25 criminal sexual abuse, aggravated criminal sexual assault,

26 predatory criminal sexual assault of a child, or any of

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1 the offenses formerly known as rape, deviate sexual

2 assault, indecent liberties with a child, or aggravated

3 indecent liberties with a child where the victim was under

4 the age of 18 years or an offense that is substantially

5 equivalent to those offenses.

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

7 of 1961 or the Criminal Code of 2012.

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

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

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

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

12 contained firearm ammunition.

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

14 serving a term of probation or conditional discharge for a

15 felony.

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

17 exceeding $1,000,000 in value.

18 (BB) Laundering of criminally derived property of a

19 value exceeding $500,000.

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

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

22 counterfeit items having a retail value in the aggregate

23 of $500,000 or more.

24 (DD) A conviction for aggravated assault under

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

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

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1 firearm is aimed toward the person against whom the

2 firearm is being used.

3 (EE) A conviction for a violation of paragraph (2) of

4 subsection (a) of Section 24-3B of the Criminal Code of

5 2012.

6 (3) (Blank).

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

8 consecutive days or 30 days of community service shall be

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

10 the Illinois Vehicle Code.

11 (4.1) (Blank).

12 (4.2) Except as provided in paragraphs (4.3) and (4.8) of

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

14 service shall be imposed for a second violation of Section

15 6-303 of the Illinois Vehicle Code.

16 (4.3) A minimum term of imprisonment of 30 days or 300

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

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

19 6-303 of the Illinois Vehicle Code.

20 (4.4) Except as provided in paragraphs (4.5), (4.6), and

21 (4.9) of this subsection (c), a minimum term of imprisonment

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

23 the court, shall be imposed for a third or subsequent

24 violation of Section 6-303 of the Illinois Vehicle Code. The

25 court may give credit toward the fulfillment of community

26 service hours for participation in activities and treatment as

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1 determined by court services.

2 (4.5) A minimum term of imprisonment of 30 days shall be

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

4 6-303 of the Illinois Vehicle Code.

5 (4.6) Except as provided in paragraph (4.10) of this

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

7 shall be imposed for a fourth or subsequent violation of

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

9 (4.7) A minimum term of imprisonment of not less than 30

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

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

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

13 of that Section.

14 (4.8) A mandatory prison sentence shall be imposed for a

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

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

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

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

19 release from prison.

20 (4.9) A mandatory prison sentence of not less than 4 and

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

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

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

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

25 of his or her life.

26 (4.10) A mandatory prison sentence for a Class 1 felony

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

2 extended term sentence, for a fourth or subsequent violation

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

4 Code, as provided in subsection (d-3.5) of that Section. The

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

6 of his or her life.

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

8 association convicted of any offense to:

9 (A) a period of conditional discharge;

10 (B) a fine;

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

12 of this Code.

13 (5.1) In addition to any other penalties imposed, and

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

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

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

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

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

19 property of another person.

20 (5.2) In addition to any other penalties imposed, and

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

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

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

24 or privileges suspended for at least 180 days but not more than

25 2 years, if the violation resulted in injury to another

26 person.

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1 (5.3) In addition to any other penalties imposed, a person

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

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

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

5 resulted in the death of another person.

6 (5.4) In addition to any other penalties imposed, a person

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

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

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

10 a reinstatement fee of $100.

11 (5.5) In addition to any other penalties imposed, a person

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

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

14 permit, or privileges were suspended for a previous violation

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

16 permit, or privileges suspended for an additional 6 months

17 after the expiration of the original 3-month suspension and

18 until he or she has paid a reinstatement fee of $100.

19 (6) (Blank).

20 (7) (Blank).

21 (8) (Blank).

22 (9) A defendant convicted of a second or subsequent

23 offense of ritualized abuse of a child may be sentenced to a

24 term of natural life imprisonment.

25 (10) (Blank).

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

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

2 upon a person convicted of or placed on supervision for

3 battery when the individual harmed was a sports official or

4 coach at any level of competition and the act causing harm to

5 the sports official or coach occurred within an athletic

6 facility or within the immediate vicinity of the athletic

7 facility at which the sports official or coach was an active

8 participant of the athletic contest held at the athletic

9 facility. For the purposes of this paragraph (11), "sports

10 official" means a person at an athletic contest who enforces

11 the rules of the contest, such as an umpire or referee;

12 "athletic facility" means an indoor or outdoor playing field

13 or recreational area where sports activities are conducted;

14 and "coach" means a person recognized as a coach by the

15 sanctioning authority that conducted the sporting event.

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

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

18 Registration and Safety Act if that person has previously

19 received a disposition of court supervision for a violation of

20 that Section.

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

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

23 offender are family or household members as defined in Section

24 103 of the Illinois Domestic Violence Act of 1986 or convicted

25 of domestic battery or aggravated domestic battery may be

26 required to attend a Partner Abuse Intervention Program under

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1 protocols set forth by the Illinois Department of Human

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

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

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

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

6 trial court shall hold a hearing under Section 5-4-1 of this

7 Code which may include evidence of the defendant's life, moral

8 character and occupation during the time since the original

9 sentence was passed. The trial court shall then impose

10 sentence upon the defendant. The trial court may impose any

11 sentence which could have been imposed at the original trial

12 subject to Section 5-5-4 of this Code. If a sentence is vacated

13 on appeal or on collateral attack due to the failure of the

14 trier of fact at trial to determine beyond a reasonable doubt

15 the existence of a fact (other than a prior conviction)

16 necessary to increase the punishment for the offense beyond

17 the statutory maximum otherwise applicable, either the

18 defendant may be re-sentenced to a term within the range

19 otherwise provided or, if the State files notice of its

20 intention to again seek the extended sentence, the defendant

21 shall be afforded a new trial.

22 (e) In cases where prosecution for aggravated criminal

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

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

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

26 time of the commission of the offense, the court shall

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1 consider the safety and welfare of the victim and may impose a

2 sentence of probation only where:

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

4 appropriate:

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

6 approved counseling program for a minimum duration of

7 2 years; or

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

9 court approved plan including but not limited to the

10 defendant's:

11 (i) removal from the household;

12 (ii) restricted contact with the victim;

13 (iii) continued financial support of the

14 family;

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

16 and

17 (v) compliance with any other measures that

18 the court may deem appropriate; and

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

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

21 finds, after considering the defendant's income and

22 assets, that the defendant is financially capable of

23 paying for such services, if the victim was under 18 years

24 of age at the time the offense was committed and requires

25 counseling as a result of the offense.

26 Probation may be revoked or modified pursuant to Section

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1 5-6-4; except where the court determines at the hearing that

2 the defendant violated a condition of his or her probation

3 restricting contact with the victim or other family members or

4 commits another offense with the victim or other family

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

6 impose a term of imprisonment.

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

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

9 11-0.1 of the Criminal Code of 2012.

10 (f) (Blank).

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

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

13 11-14.3, 11-14.4 except for an offense that involves keeping a

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

15 11-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 12-13, 12-14,

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

17 Criminal Code of 2012, the defendant shall undergo medical

18 testing to determine whether the defendant has any sexually

19 transmissible disease, including a test for infection with

20 human immunodeficiency virus (HIV) or any other identified

21 causative agent of acquired immunodeficiency syndrome (AIDS).

22 Any such medical test shall be performed only by appropriately

23 licensed medical practitioners and may include an analysis of

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

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

26 such test shall be kept strictly confidential by all medical

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1 personnel involved in the testing and must be personally

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

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

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

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

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

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

8 results. The court shall also notify the victim if requested

9 by the victim, and if the victim is under the age of 15 and if

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

11 shall notify the victim's parents or legal guardian of the

12 test results. The court shall provide information on the

13 availability of HIV testing and counseling at Department of

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

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

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

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

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

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

20 relevant in order to prosecute a charge of criminal

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

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

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

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

25 the convicted defendant.

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

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1 communicable disease, as determined by the Illinois Department

2 of Public Health including but not limited to tuberculosis,

3 the results of the test shall be personally delivered by the

4 warden or his or her designee in a sealed envelope to the judge

5 of the court in which the inmate must appear for the judge's

6 inspection in camera if requested by the judge. Acting in

7 accordance with the best interests of those in the courtroom,

8 the judge shall have the discretion to determine what if any

9 precautions need to be taken to prevent transmission of the

10 disease in the courtroom.

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

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

13 defendant shall undergo medical testing to determine whether

14 the defendant has been exposed to human immunodeficiency virus

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

16 immunodeficiency syndrome (AIDS). Except as otherwise provided

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

18 confidential by all medical personnel involved in the testing

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

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

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

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

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

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

25 of a positive test showing an infection with the human

26 immunodeficiency virus (HIV). The court shall provide

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1 information on the availability of HIV testing and counseling

2 at Department of Public Health facilities to all parties to

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

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

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

6 obtain the results of any HIV test administered under this

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

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

9 charge of criminal transmission of HIV under Section 12-5.01

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

11 2012 against the defendant. The court shall order that the

12 cost of any such test shall be paid by the county and may be

13 taxed as costs against the convicted defendant.

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

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

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

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

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

19 disbursed by the circuit clerk as provided under the Criminal

20 and Traffic Assessment Act.

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

22 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-8, 11-9,

23 11-11, 11-14, 11-14.3, 11-14.4, 11-15, 11-15.1, 11-16, 11-17,

24 11-17.1, 11-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 11-20.1,

25 11-20.1B, 11-20.3, 11-21, 11-30, 11-40, 12-13, 12-14, 12-14.1,

26 12-15, or 12-16 of the Criminal Code of 1961 or the Criminal

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1 Code of 2012, any violation of the Illinois Controlled

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

3 any violation of the Methamphetamine Control and Community

4 Protection Act results in conviction, a disposition of court

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

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

7 Controlled Substances Act, or Section 70 of the

8 Methamphetamine Control and Community Protection Act of a

9 defendant, the court shall determine whether the defendant is

10 employed by a facility or center as defined under the Child

11 Care Act of 1969, a public or private elementary or secondary

12 school, or otherwise works with children under 18 years of age

13 on a daily basis. When a defendant is so employed, the court

14 shall order the Clerk of the Court to send a copy of the

15 judgment of conviction or order of supervision or probation to

16 the defendant's employer by certified mail. If the employer of

17 the defendant is a school, the Clerk of the Court shall direct

18 the mailing of a copy of the judgment of conviction or order of

19 supervision or probation to the appropriate regional

20 superintendent of schools. The regional superintendent of

21 schools shall notify the State Board of Education of any

22 notification under this subsection.

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

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

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

26 imprisonment in the Illinois Department of Corrections shall

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1 as a condition of his or her sentence be required by the court

2 to attend educational courses designed to prepare the

3 defendant for a high school diploma and to work toward a high

4 school diploma or to work toward passing high school

5 equivalency testing or to work toward completing a vocational

6 training program offered by the Department of Corrections. If

7 a defendant fails to complete the educational training

8 required by his or her sentence during the term of

9 incarceration, the Prisoner Review Board shall, as a condition

10 of mandatory supervised release, require the defendant, at his

11 or her own expense, to pursue a course of study toward a high

12 school diploma or passage of high school equivalency testing.

13 The Prisoner Review Board shall revoke the mandatory

14 supervised release of a defendant who wilfully fails to comply

15 with this subsection (j-5) upon his or her release from

16 confinement in a penal institution while serving a mandatory

17 supervised release term; however, the inability of the

18 defendant after making a good faith effort to obtain financial

19 aid or pay for the educational training shall not be deemed a

20 wilful failure to comply. The Prisoner Review Board shall

21 recommit the defendant whose mandatory supervised release term

22 has been revoked under this subsection (j-5) as provided in

23 Section 3-3-9. This subsection (j-5) does not apply to a

24 defendant who has a high school diploma or has successfully

25 passed high school equivalency testing. This subsection (j-5)

26 does not apply to a defendant who is determined by the court to

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1 be a person with a developmental disability or otherwise

2 mentally incapable of completing the educational or vocational

3 program.

4 (k) (Blank).

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

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

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

8 misdemeanor offense, the court after sentencing the defendant

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

10 abeyance and remand the defendant to the custody of the

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

12 agent to be deported when:

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

14 against the defendant pursuant to proceedings under the

15 Immigration and Nationality Act, and

16 (2) the deportation of the defendant would not

17 deprecate the seriousness of the defendant's conduct and

18 would not be inconsistent with the ends of justice.

19 Otherwise, the defendant shall be sentenced as provided in

20 this Chapter V.

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

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

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

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

25 Methamphetamine Control and Community Protection Act, the

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

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

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

3 agent when:

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

5 against the defendant pursuant to proceedings under the

6 Immigration and Nationality Act, and

7 (2) the deportation of the defendant would not

8 deprecate the seriousness of the defendant's conduct and

9 would not be inconsistent with the ends of justice.

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

11 are subject to the provisions of paragraph (2) of subsection

12 (a) of Section 3-6-3.

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

14 sentenced under this Section returns to the jurisdiction of

15 the United States, the defendant shall be recommitted to the

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

17 Thereafter, the defendant shall be brought before the

18 sentencing court, which may impose any sentence that was

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

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

21 for additional earned sentence credit as provided under

22 Section 3-6-3.

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

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

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

26 $300 and the property damaged is a school building, shall be

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1 ordered to perform community service that may include cleanup,

2 removal, or painting over the defacement.

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

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

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

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

7 incarceration program if the person is otherwise eligible for

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

9 or (iii) if the person has a substance use disorder, as defined

10 in the Substance Use Disorder Act, to a treatment program

11 licensed under that Act.

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

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

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

15 renewal on an annual basis in accordance with the provisions

16 of license renewal established by the Secretary of State.

17 (Source: P.A. 100-575, eff. 1-8-18; 100-759, eff. 1-1-19;

18 100-987, eff. 7-1-19; 101-81, eff. 7-12-19.)