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| | 98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
SB3365 Introduced 2/14/2014, by Sen. William E. Brady SYNOPSIS AS INTRODUCED:
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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 | |
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| 1 | | AN ACT concerning criminal law.
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| 2 | | Be it enacted by the People of the State of Illinois,
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| 3 | | represented in the General Assembly:
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| 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:
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| 7 | | (720 ILCS 5/24-1.1) (from Ch. 38, par. 24-1.1)
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| 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.
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| 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.
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| 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.
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| 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.
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| 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
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| 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.
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| 18 | | (Source: P.A. 97-237, eff. 1-1-12.)
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| 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
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| 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.
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| 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.)
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| 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
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| 3 | | criminal if he or she receives, sells, possesses, or transfers
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| 4 | | any firearm after having been convicted a total of 2 or more
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| 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;
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| 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
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| 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.
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| 23 | | (Source: P.A. 96-1551, eff. 7-1-11.)
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| 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.
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| 9 | | (Source: P.A. 96-829, eff. 12-3-09.)
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| 10 | | (720 ILCS 5/24-3) (from Ch. 38, par. 24-3)
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| 11 | | Sec. 24-3. Unlawful sale or delivery of firearms.
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| 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:
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| 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.
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| 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.
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| 21 | | (c) Sells or gives any firearm to any narcotic addict.
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| 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.
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| 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.
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| 14 | | (f) Sells or gives any firearms to any person who is |
| 15 | | intellectually disabled.
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| 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
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| 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
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| 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.
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| 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)
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| 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.
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| 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.
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| 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):
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| 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
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| 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.
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| 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.
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| 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 of
a 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 Section does 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 |
| 20 | | imprisonment or
conditional discharge shall not be imposed |
| 21 | | for the following offenses.
The court shall sentence the |
| 22 | | offender to not less than the minimum term
of imprisonment |
| 23 | | set forth in this Code for the following offenses, and
may |
| 24 | | order a fine or restitution or both in conjunction with |
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| 1 | | such term of
imprisonment:
|
| 2 | | (A) First degree murder where the death penalty is |
| 3 | | not imposed.
|
| 4 | | (B) Attempted first degree murder.
|
| 5 | | (C) A Class X felony.
|
| 6 | | (D) A violation of Section 401.1 or 407 of the
|
| 7 | | Illinois Controlled Substances Act, or a violation of |
| 8 | | subdivision (c)(1.5) or
(c)(2) of
Section 401 of that |
| 9 | | Act which relates to more than 5 grams of a substance
|
| 10 | | containing cocaine, fentanyl, or an analog thereof.
|
| 11 | | (D-5) A violation of subdivision (c)(1) of
Section |
| 12 | | 401 of the Illinois Controlled Substances Act which |
| 13 | | relates to 3 or more grams of a substance
containing |
| 14 | | heroin or an analog thereof.
|
| 15 | | (E) A violation of Section 5.1 or 9 of the Cannabis |
| 16 | | Control
Act.
|
| 17 | | (F) A Class 2 or greater felony if the offender had |
| 18 | | been convicted
of a Class 2 or greater felony, |
| 19 | | including any state or federal conviction for an |
| 20 | | offense that contained, at the time it was committed, |
| 21 | | the same elements as an offense now (the date of the |
| 22 | | offense committed after the prior Class 2 or greater |
| 23 | | felony) classified as a Class 2 or greater felony, |
| 24 | | within 10 years of the date on which the
offender
|
| 25 | | committed the offense for which he or she is being |
| 26 | | sentenced, except as
otherwise provided in Section |
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| 1 | | 40-10 of the Alcoholism and Other Drug Abuse and
|
| 2 | | Dependency Act.
|
| 3 | | (F-5) A violation of Section 24-1, 24-1.1, or |
| 4 | | 24-1.6 of the Criminal Code of 1961 or the Criminal |
| 5 | | Code of 2012 for which imprisonment is prescribed in |
| 6 | | those Sections.
|
| 7 | | (G) Residential burglary, except as otherwise |
| 8 | | provided in Section 40-10
of the Alcoholism and Other |
| 9 | | Drug Abuse and Dependency Act.
|
| 10 | | (H) Criminal sexual assault.
|
| 11 | | (I) Aggravated battery of a senior citizen as |
| 12 | | described in Section 12-4.6 or subdivision (a)(4) of |
| 13 | | Section 12-3.05 of the Criminal Code of 1961 or the |
| 14 | | Criminal Code of 2012.
|
| 15 | | (J) A forcible felony if the offense was related to |
| 16 | | the activities of an
organized gang.
|
| 17 | | Before July 1, 1994, for the purposes of this |
| 18 | | paragraph, "organized
gang" means an association of 5 |
| 19 | | or more persons, with an established hierarchy,
that |
| 20 | | encourages members of the association to perpetrate |
| 21 | | crimes or provides
support to the members of the |
| 22 | | association who do commit crimes.
|
| 23 | | Beginning July 1, 1994, for the purposes of this |
| 24 | | paragraph,
"organized gang" has the meaning ascribed |
| 25 | | to it in Section 10 of the Illinois
Streetgang |
| 26 | | Terrorism Omnibus Prevention Act.
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| 1 | | (K) Vehicular hijacking.
|
| 2 | | (L) A second or subsequent conviction for the |
| 3 | | offense of hate crime
when the underlying offense upon |
| 4 | | which the hate crime is based is felony
aggravated
|
| 5 | | assault or felony mob action.
|
| 6 | | (M) A second or subsequent conviction for the |
| 7 | | offense of institutional
vandalism if the damage to the |
| 8 | | property exceeds $300.
|
| 9 | | (N) A Class 3 felony violation of paragraph (1) of |
| 10 | | subsection (a) of
Section 2 of the Firearm Owners |
| 11 | | Identification Card Act.
|
| 12 | | (O) A violation of Section 12-6.1 or 12-6.5 of the |
| 13 | | Criminal Code of 1961 or the Criminal Code of 2012.
|
| 14 | | (P) A violation of paragraph (1), (2), (3), (4), |
| 15 | | (5), or (7) of
subsection (a)
of Section 11-20.1 of the |
| 16 | | Criminal Code of 1961 or the Criminal Code of 2012.
|
| 17 | | (Q) A violation of subsection (b) or (b-5) of |
| 18 | | Section 20-1, Section 20-1.2, or Section 20-1.3 of the |
| 19 | | Criminal Code of
1961 or the Criminal Code of 2012.
|
| 20 | | (R) A violation of Section 24-3A of the Criminal |
| 21 | | Code of
1961 or the Criminal Code of 2012.
|
| 22 | | (S) (Blank).
|
| 23 | | (T) A second or subsequent violation of the |
| 24 | | Methamphetamine Control and Community Protection Act.
|
| 25 | | (U) A second or subsequent violation of Section |
| 26 | | 6-303 of the Illinois Vehicle Code committed while his |
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| 1 | | or her driver's license, permit, or privilege was |
| 2 | | revoked because of a violation of Section 9-3 of the |
| 3 | | Criminal Code of 1961 or the Criminal Code of 2012, |
| 4 | | relating to the offense of reckless homicide, or a |
| 5 | | similar provision of a law of another state.
|
| 6 | | (V)
A violation of paragraph (4) of subsection (c) |
| 7 | | of Section 11-20.1B or paragraph (4) of subsection (c) |
| 8 | | of Section 11-20.3 of the Criminal Code of 1961, or |
| 9 | | paragraph (6) of subsection (a) of Section 11-20.1 of |
| 10 | | the Criminal Code of 2012 when the victim is under 13 |
| 11 | | years of age and the defendant has previously been |
| 12 | | convicted under the laws of this State or any other |
| 13 | | state of the offense of child pornography, aggravated |
| 14 | | child pornography, aggravated criminal sexual abuse, |
| 15 | | aggravated criminal sexual assault, predatory criminal |
| 16 | | sexual assault of a child, or any of the offenses |
| 17 | | formerly known as rape, deviate sexual assault, |
| 18 | | indecent liberties with a child, or aggravated |
| 19 | | indecent liberties with a child where the victim was |
| 20 | | under the age of 18 years or an offense that is |
| 21 | | substantially equivalent to those offenses. |
| 22 | | (W) A violation of Section 24-3.5 of the Criminal |
| 23 | | Code of 1961 or the Criminal Code of 2012.
|
| 24 | | (X) A violation of subsection (a) of Section 31-1a |
| 25 | | of the Criminal Code of 1961 or the Criminal Code of |
| 26 | | 2012. |
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| 1 | | (Y) A conviction for unlawful possession of a |
| 2 | | firearm by a street gang member when the firearm was |
| 3 | | loaded or contained firearm ammunition. |
| 4 | | (Z) A Class 1 felony committed while he or she was |
| 5 | | serving a term of probation or conditional discharge |
| 6 | | for a felony. |
| 7 | | (AA) Theft of property exceeding $500,000 and not |
| 8 | | exceeding $1,000,000 in value. |
| 9 | | (BB) Laundering of criminally derived property of |
| 10 | | a value exceeding
$500,000. |
| 11 | | (CC) Knowingly selling, offering for sale, holding |
| 12 | | for sale, or using 2,000 or more counterfeit items or |
| 13 | | counterfeit items having a retail value in the |
| 14 | | aggregate of $500,000 or more. |
| 15 | | (DD) A conviction for aggravated assault under |
| 16 | | paragraph (6) of subsection (c) of Section 12-2 of the |
| 17 | | Criminal Code of 1961 or the Criminal Code of 2012 if |
| 18 | | the firearm is aimed toward the person against whom the |
| 19 | | firearm is being used. |
| 20 | | (EE) A conviction of Section 24-3.3 of the Criminal |
| 21 | | Code of
2012. |
| 22 | | (FF) A conviction for use of a stolen firearm in |
| 23 | | the commission of a forcible felony under subsection |
| 24 | | (a-5) of Section 24-3.7 of the Criminal Code of 2012.
|
| 25 | | (3) (Blank).
|
| 26 | | (4) A minimum term of imprisonment of not less than 10
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| 1 | | consecutive days or 30 days of community service shall be |
| 2 | | imposed for a
violation of paragraph (c) of Section 6-303 |
| 3 | | of the Illinois Vehicle Code.
|
| 4 | | (4.1) (Blank).
|
| 5 | | (4.2) Except as provided in paragraphs (4.3) and (4.8) |
| 6 | | of this subsection (c), a
minimum of
100 hours of community |
| 7 | | service shall be imposed for a second violation of
Section |
| 8 | | 6-303
of the Illinois Vehicle Code.
|
| 9 | | (4.3) A minimum term of imprisonment of 30 days or 300 |
| 10 | | hours of community
service, as determined by the court, |
| 11 | | shall
be imposed for a second violation of subsection (c) |
| 12 | | of Section 6-303 of the
Illinois Vehicle Code.
|
| 13 | | (4.4) Except as provided in paragraphs
(4.5), (4.6), |
| 14 | | and (4.9) of this
subsection (c), a
minimum term of |
| 15 | | imprisonment of 30 days or 300 hours of community service, |
| 16 | | as
determined by the court, shall
be imposed
for a third or |
| 17 | | subsequent violation of Section 6-303 of the Illinois |
| 18 | | Vehicle
Code.
|
| 19 | | (4.5) A minimum term of imprisonment of 30 days
shall |
| 20 | | be imposed for a third violation of subsection (c) of
|
| 21 | | Section 6-303 of the Illinois Vehicle Code.
|
| 22 | | (4.6) Except as provided in paragraph (4.10) of this |
| 23 | | subsection (c), a minimum term of imprisonment of 180 days |
| 24 | | shall be imposed for a
fourth or subsequent violation of |
| 25 | | subsection (c) of Section 6-303 of the
Illinois Vehicle |
| 26 | | Code.
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| 1 | | (4.7) A minimum term of imprisonment of not less than |
| 2 | | 30 consecutive days, or 300 hours of community service, |
| 3 | | shall be imposed for a violation of subsection (a-5) of |
| 4 | | Section 6-303 of the Illinois Vehicle Code, as provided in |
| 5 | | subsection (b-5) of that Section.
|
| 6 | | (4.8) A mandatory prison sentence shall be imposed for |
| 7 | | a second violation of subsection (a-5) of Section 6-303 of |
| 8 | | the Illinois Vehicle Code, as provided in subsection (c-5) |
| 9 | | of that Section. The person's driving privileges shall be |
| 10 | | revoked for a period of not less than 5 years from the date |
| 11 | | of his or her release from prison.
|
| 12 | | (4.9) A mandatory prison sentence of not less than 4 |
| 13 | | and not more than 15 years shall be imposed for a third |
| 14 | | violation of subsection (a-5) of Section 6-303 of the |
| 15 | | Illinois Vehicle Code, as provided in subsection (d-2.5) of |
| 16 | | that Section. The person's driving privileges shall be |
| 17 | | revoked for the remainder of his or her life.
|
| 18 | | (4.10) A mandatory prison sentence for a Class 1 felony |
| 19 | | shall be imposed, and the person shall be eligible for an |
| 20 | | extended term sentence, for a fourth or subsequent |
| 21 | | violation of subsection (a-5) of Section 6-303 of the |
| 22 | | Illinois Vehicle Code, as provided in subsection (d-3.5) of |
| 23 | | that Section. The person's driving privileges shall be |
| 24 | | revoked for the remainder of his or her life.
|
| 25 | | (5) The court may sentence a corporation or |
| 26 | | unincorporated
association convicted of any offense to:
|
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| | SB3365 | - 31 - | LRB098 14312 RLC 48930 b |
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| 1 | | (A) a period of conditional discharge;
|
| 2 | | (B) a fine;
|
| 3 | | (C) make restitution to the victim under Section |
| 4 | | 5-5-6 of this Code.
|
| 5 | | (5.1) In addition to any other penalties imposed, and |
| 6 | | except as provided in paragraph (5.2) or (5.3), a person
|
| 7 | | convicted of violating subsection (c) of Section 11-907 of |
| 8 | | the Illinois
Vehicle Code shall have his or her driver's |
| 9 | | license, permit, or privileges
suspended for at least 90 |
| 10 | | days but not more than one year, if the violation
resulted |
| 11 | | in damage to the property of another person.
|
| 12 | | (5.2) In addition to any other penalties imposed, and |
| 13 | | except as provided in paragraph (5.3), a person convicted
|
| 14 | | of violating subsection (c) of Section 11-907 of the |
| 15 | | Illinois Vehicle Code
shall have his or her driver's |
| 16 | | license, permit, or privileges suspended for at
least 180 |
| 17 | | days but not more than 2 years, if the violation resulted |
| 18 | | in injury
to
another person.
|
| 19 | | (5.3) In addition to any other penalties imposed, a |
| 20 | | person convicted of violating subsection (c) of Section
|
| 21 | | 11-907 of the Illinois Vehicle Code shall have his or her |
| 22 | | driver's license,
permit, or privileges suspended for 2 |
| 23 | | years, if the violation resulted in the
death of another |
| 24 | | person.
|
| 25 | | (5.4) In addition to any other penalties imposed, a |
| 26 | | person convicted of violating Section 3-707 of the Illinois |
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| 1 | | Vehicle Code shall have his or her driver's license, |
| 2 | | permit, or privileges suspended for 3 months and until he |
| 3 | | or she has paid a reinstatement fee of $100. |
| 4 | | (5.5) In addition to any other penalties imposed, a |
| 5 | | person convicted of violating Section 3-707 of the Illinois |
| 6 | | Vehicle Code during a period in which his or her driver's |
| 7 | | license, permit, or privileges were suspended for a |
| 8 | | previous violation of that Section shall have his or her |
| 9 | | driver's license, permit, or privileges suspended for an |
| 10 | | additional 6 months after the expiration of the original |
| 11 | | 3-month suspension and until he or she has paid a |
| 12 | | reinstatement fee of $100.
|
| 13 | | (6) (Blank).
|
| 14 | | (7) (Blank).
|
| 15 | | (8) (Blank).
|
| 16 | | (9) A defendant convicted of a second or subsequent |
| 17 | | offense of ritualized
abuse of a child may be sentenced to |
| 18 | | a term of natural life imprisonment.
|
| 19 | | (10) (Blank).
|
| 20 | | (11) The court shall impose a minimum fine of $1,000 |
| 21 | | for a first offense
and $2,000 for a second or subsequent |
| 22 | | offense upon a person convicted of or
placed on supervision |
| 23 | | for battery when the individual harmed was a sports
|
| 24 | | official or coach at any level of competition and the act |
| 25 | | causing harm to the
sports
official or coach occurred |
| 26 | | within an athletic facility or within the immediate |
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| 1 | | vicinity
of the athletic facility at which the sports |
| 2 | | official or coach was an active
participant
of the athletic |
| 3 | | contest held at the athletic facility. For the purposes of
|
| 4 | | this paragraph (11), "sports official" means a person at an |
| 5 | | athletic contest
who enforces the rules of the contest, |
| 6 | | such as an umpire or referee; "athletic facility" means an |
| 7 | | indoor or outdoor playing field or recreational area where |
| 8 | | sports activities are conducted;
and "coach" means a person |
| 9 | | recognized as a coach by the sanctioning
authority that |
| 10 | | conducted the sporting event. |
| 11 | | (12) A person may not receive a disposition of court |
| 12 | | supervision for a
violation of Section 5-16 of the Boat |
| 13 | | Registration and Safety Act if that
person has previously |
| 14 | | received a disposition of court supervision for a
violation |
| 15 | | of that Section.
|
| 16 | | (13) A person convicted of or placed on court |
| 17 | | supervision for an assault or aggravated assault when the |
| 18 | | victim and the offender are family or household members as |
| 19 | | defined in Section 103 of the Illinois Domestic Violence |
| 20 | | Act of 1986 or convicted of domestic battery or aggravated |
| 21 | | domestic battery may be required to attend a Partner Abuse |
| 22 | | Intervention Program under protocols set forth by the |
| 23 | | Illinois Department of Human Services under such terms and |
| 24 | | conditions imposed by the court. The costs of such classes |
| 25 | | shall be paid by the offender.
|
| 26 | | (d) In any case in which a sentence originally imposed is |
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| 1 | | vacated,
the case shall be remanded to the trial court. The |
| 2 | | trial court shall
hold a hearing under Section 5-4-1 of the |
| 3 | | Unified Code of Corrections
which may include evidence of the |
| 4 | | defendant's life, moral character and
occupation during the |
| 5 | | time since the original sentence was passed. The
trial court |
| 6 | | shall then impose sentence upon the defendant. The trial
court |
| 7 | | may impose any sentence which could have been imposed at the
|
| 8 | | original trial subject to Section 5-5-4 of the Unified Code of |
| 9 | | Corrections.
If a sentence is vacated on appeal or on |
| 10 | | collateral attack due to the
failure of the trier of fact at |
| 11 | | trial to determine beyond a reasonable doubt
the
existence of a |
| 12 | | fact (other than a prior conviction) necessary to increase the
|
| 13 | | punishment for the offense beyond the statutory maximum |
| 14 | | otherwise applicable,
either the defendant may be re-sentenced |
| 15 | | to a term within the range otherwise
provided or, if the State |
| 16 | | files notice of its intention to again seek the
extended |
| 17 | | sentence, the defendant shall be afforded a new trial.
|
| 18 | | (e) In cases where prosecution for
aggravated criminal |
| 19 | | sexual abuse under Section 11-1.60 or 12-16 of the
Criminal |
| 20 | | Code of 1961 or the Criminal Code of 2012 results in conviction |
| 21 | | of a defendant
who was a family member of the victim at the |
| 22 | | time of the commission of the
offense, the court shall consider |
| 23 | | the safety and welfare of the victim and
may impose a sentence |
| 24 | | of probation only where:
|
| 25 | | (1) the court finds (A) or (B) or both are appropriate:
|
| 26 | | (A) the defendant is willing to undergo a court |
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| 1 | | approved counseling
program for a minimum duration of 2 |
| 2 | | years; or
|
| 3 | | (B) the defendant is willing to participate in a |
| 4 | | court approved plan
including but not limited to the |
| 5 | | defendant's:
|
| 6 | | (i) removal from the household;
|
| 7 | | (ii) restricted contact with the victim;
|
| 8 | | (iii) continued financial support of the |
| 9 | | family;
|
| 10 | | (iv) restitution for harm done to the victim; |
| 11 | | and
|
| 12 | | (v) compliance with any other measures that |
| 13 | | the court may
deem appropriate; and
|
| 14 | | (2) the court orders the defendant to pay for the |
| 15 | | victim's counseling
services, to the extent that the court |
| 16 | | finds, after considering the
defendant's income and |
| 17 | | assets, that the defendant is financially capable of
paying |
| 18 | | for such services, if the victim was under 18 years of age |
| 19 | | at the
time the offense was committed and requires |
| 20 | | counseling as a result of the
offense.
|
| 21 | | Probation may be revoked or modified pursuant to Section |
| 22 | | 5-6-4; except
where the court determines at the hearing that |
| 23 | | the defendant violated a
condition of his or her probation |
| 24 | | restricting contact with the victim or
other family members or |
| 25 | | commits another offense with the victim or other
family |
| 26 | | members, the court shall revoke the defendant's probation and
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| 1 | | impose a term of imprisonment.
|
| 2 | | For the purposes of this Section, "family member" and |
| 3 | | "victim" shall have
the meanings ascribed to them in Section |
| 4 | | 11-0.1 of the Criminal Code of
2012.
|
| 5 | | (f) (Blank).
|
| 6 | | (g) Whenever a defendant is convicted of an offense under |
| 7 | | Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60,
11-14, |
| 8 | | 11-14.3, 11-14.4 except for an offense that involves keeping a |
| 9 | | place of juvenile prostitution, 11-15, 11-15.1, 11-16, 11-17, |
| 10 | | 11-18, 11-18.1, 11-19, 11-19.1, 11-19.2,
12-13, 12-14, |
| 11 | | 12-14.1, 12-15 or 12-16 of the Criminal Code of 1961 or the |
| 12 | | Criminal Code of 2012,
the defendant shall undergo medical |
| 13 | | testing to
determine whether the defendant has any sexually |
| 14 | | transmissible disease,
including a test for infection with |
| 15 | | human immunodeficiency virus (HIV) or
any other identified |
| 16 | | causative agent of acquired immunodeficiency syndrome
(AIDS). |
| 17 | | Any such medical test shall be performed only by appropriately
|
| 18 | | licensed medical practitioners and may include an analysis of |
| 19 | | any bodily
fluids as well as an examination of the defendant's |
| 20 | | person.
Except as otherwise provided by law, the results of |
| 21 | | such test shall be kept
strictly confidential by all medical |
| 22 | | personnel involved in the testing and must
be personally |
| 23 | | delivered in a sealed envelope to the judge of the court in |
| 24 | | which
the conviction was entered for the judge's inspection in |
| 25 | | camera. Acting in
accordance with the best interests of the |
| 26 | | victim and the public, the judge
shall have the discretion to |
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| 1 | | determine to whom, if anyone, the results of the
testing may be |
| 2 | | revealed. The court shall notify the defendant
of the test |
| 3 | | results. The court shall
also notify the victim if requested by |
| 4 | | the victim, and if the victim is under
the age of 15 and if |
| 5 | | requested by the victim's parents or legal guardian, the
court |
| 6 | | shall notify the victim's parents or legal guardian of the test
|
| 7 | | results.
The court shall provide information on the |
| 8 | | availability of HIV testing
and counseling at Department of |
| 9 | | Public Health facilities to all parties to
whom the results of |
| 10 | | the testing are revealed and shall direct the State's
Attorney |
| 11 | | to provide the information to the victim when possible.
A |
| 12 | | State's Attorney may petition the court to obtain the results |
| 13 | | of any HIV test
administered under this Section, and the court |
| 14 | | shall grant the disclosure if
the State's Attorney shows it is |
| 15 | | relevant in order to prosecute a charge of
criminal |
| 16 | | transmission of HIV under Section 12-5.01 or 12-16.2 of the |
| 17 | | Criminal Code of 1961 or the Criminal Code of 2012
against the |
| 18 | | defendant. The court shall order that the cost of any such test
|
| 19 | | shall be paid by the county and may be taxed as costs against |
| 20 | | the convicted
defendant.
|
| 21 | | (g-5) When an inmate is tested for an airborne communicable |
| 22 | | disease, as
determined by the Illinois Department of Public |
| 23 | | Health including but not
limited to tuberculosis, the results |
| 24 | | of the test shall be
personally delivered by the warden or his |
| 25 | | or her designee in a sealed envelope
to the judge of the court |
| 26 | | in which the inmate must appear for the judge's
inspection in |
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| 1 | | camera if requested by the judge. Acting in accordance with the
|
| 2 | | best interests of those in the courtroom, the judge shall have |
| 3 | | the discretion
to determine what if any precautions need to be |
| 4 | | taken to prevent transmission
of the disease in the courtroom.
|
| 5 | | (h) Whenever a defendant is convicted of an offense under |
| 6 | | Section 1 or 2
of the Hypodermic Syringes and Needles Act, the |
| 7 | | defendant shall undergo
medical testing to determine whether |
| 8 | | the defendant has been exposed to human
immunodeficiency virus |
| 9 | | (HIV) or any other identified causative agent of
acquired |
| 10 | | immunodeficiency syndrome (AIDS). Except as otherwise provided |
| 11 | | by
law, the results of such test shall be kept strictly |
| 12 | | confidential by all
medical personnel involved in the testing |
| 13 | | and must be personally delivered in a
sealed envelope to the |
| 14 | | judge of the court in which the conviction was entered
for the |
| 15 | | judge's inspection in camera. Acting in accordance with the |
| 16 | | best
interests of the public, the judge shall have the |
| 17 | | discretion to determine to
whom, if anyone, the results of the |
| 18 | | testing may be revealed. The court shall
notify the defendant |
| 19 | | of a positive test showing an infection with the human
|
| 20 | | immunodeficiency virus (HIV). The court shall provide |
| 21 | | information on the
availability of HIV testing and counseling |
| 22 | | at Department of Public Health
facilities to all parties to |
| 23 | | whom the results of the testing are revealed and
shall direct |
| 24 | | the State's Attorney to provide the information to the victim |
| 25 | | when
possible. A State's Attorney may petition the court to |
| 26 | | obtain the results of
any HIV test administered under this |
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| 1 | | Section, and the court shall grant the
disclosure if the |
| 2 | | State's Attorney shows it is relevant in order to prosecute a
|
| 3 | | charge of criminal transmission of HIV under Section 12-5.01 or |
| 4 | | 12-16.2 of the Criminal
Code of 1961 or the Criminal Code of |
| 5 | | 2012 against the defendant. The court shall order that the cost |
| 6 | | of any
such test shall be paid by the county and may be taxed as |
| 7 | | costs against the
convicted defendant.
|
| 8 | | (i) All fines and penalties imposed under this Section for |
| 9 | | any violation
of Chapters 3, 4, 6, and 11 of the Illinois |
| 10 | | Vehicle Code, or a similar
provision of a local ordinance, and |
| 11 | | any violation
of the Child Passenger Protection Act, or a |
| 12 | | similar provision of a local
ordinance, shall be collected and |
| 13 | | disbursed by the circuit
clerk as provided under Section 27.5 |
| 14 | | of the Clerks of Courts Act.
|
| 15 | | (j) In cases when prosecution for any violation of Section |
| 16 | | 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-8,
11-9, |
| 17 | | 11-11, 11-14, 11-14.3, 11-14.4, 11-15, 11-15.1, 11-16, 11-17, |
| 18 | | 11-17.1, 11-18, 11-18.1,
11-19, 11-19.1, 11-19.2, 11-20.1, |
| 19 | | 11-20.1B, 11-20.3, 11-21, 11-30, 11-40, 12-13, 12-14, 12-14.1, |
| 20 | | 12-15, or
12-16 of the
Criminal Code of 1961 or the Criminal |
| 21 | | Code of 2012, any violation of the Illinois Controlled |
| 22 | | Substances Act,
any violation of the Cannabis Control Act, or |
| 23 | | any violation of the Methamphetamine Control and Community |
| 24 | | Protection Act results in conviction, a
disposition of court |
| 25 | | supervision, or an order of probation granted under
Section 10 |
| 26 | | of the Cannabis Control Act, Section 410 of the Illinois
|
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| 1 | | Controlled Substance Act, or Section 70 of the Methamphetamine |
| 2 | | Control and Community Protection Act of a defendant, the court |
| 3 | | shall determine whether the
defendant is employed by a facility |
| 4 | | or center as defined under the Child Care
Act of 1969, a public |
| 5 | | or private elementary or secondary school, or otherwise
works |
| 6 | | with children under 18 years of age on a daily basis. When a |
| 7 | | defendant
is so employed, the court shall order the Clerk of |
| 8 | | the Court to send a copy of
the judgment of conviction or order |
| 9 | | of supervision or probation to the
defendant's employer by |
| 10 | | certified mail.
If the employer of the defendant is a school, |
| 11 | | the Clerk of the Court shall
direct the mailing of a copy of |
| 12 | | the judgment of conviction or order of
supervision or probation |
| 13 | | to the appropriate regional superintendent of schools.
The |
| 14 | | regional superintendent of schools shall notify the State Board |
| 15 | | of
Education of any notification under this subsection.
|
| 16 | | (j-5) A defendant at least 17 years of age who is convicted |
| 17 | | of a felony and
who has not been previously convicted of a |
| 18 | | misdemeanor or felony and who is
sentenced to a term of |
| 19 | | imprisonment in the Illinois Department of Corrections
shall as |
| 20 | | a condition of his or her sentence be required by the court to |
| 21 | | attend
educational courses designed to prepare the defendant |
| 22 | | for a high school diploma
and to work toward a high school |
| 23 | | diploma or to work toward passing the high
school level Test of |
| 24 | | General Educational Development (GED) or to work toward
|
| 25 | | completing a vocational training program offered by the |
| 26 | | Department of
Corrections. If a defendant fails to complete the |
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| 1 | | educational training
required by his or her sentence during the |
| 2 | | term of incarceration, the Prisoner
Review Board shall, as a |
| 3 | | condition of mandatory supervised release, require the
|
| 4 | | defendant, at his or her own expense, to pursue a course of |
| 5 | | study toward a high
school diploma or passage of the GED test. |
| 6 | | The Prisoner Review Board shall
revoke the mandatory supervised |
| 7 | | release of a defendant who wilfully fails to
comply with this |
| 8 | | subsection (j-5) upon his or her release from confinement in a
|
| 9 | | penal institution while serving a mandatory supervised release |
| 10 | | term; however,
the inability of the defendant after making a |
| 11 | | good faith effort to obtain
financial aid or pay for the |
| 12 | | educational training shall not be deemed a wilful
failure to |
| 13 | | comply. The Prisoner Review Board shall recommit the defendant
|
| 14 | | whose mandatory supervised release term has been revoked under |
| 15 | | this subsection
(j-5) as provided in Section 3-3-9. This |
| 16 | | subsection (j-5) does not apply to a
defendant who has a high |
| 17 | | school diploma or has successfully passed the GED
test. This |
| 18 | | subsection (j-5) does not apply to a defendant who is |
| 19 | | determined by
the court to be developmentally disabled or |
| 20 | | otherwise mentally incapable of
completing the educational or |
| 21 | | vocational program.
|
| 22 | | (k) (Blank).
|
| 23 | | (l) (A) Except as provided
in paragraph (C) of subsection |
| 24 | | (l), whenever a defendant,
who is an alien as defined by |
| 25 | | the Immigration and Nationality Act, is convicted
of any |
| 26 | | felony or misdemeanor offense, the court after sentencing |
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| 1 | | the defendant
may, upon motion of the State's Attorney, |
| 2 | | hold sentence in abeyance and remand
the defendant to the |
| 3 | | custody of the Attorney General of
the United States or his |
| 4 | | or her designated agent to be deported when:
|
| 5 | | (1) a final order of deportation has been issued |
| 6 | | against the defendant
pursuant to proceedings under |
| 7 | | the Immigration and Nationality Act, and
|
| 8 | | (2) the deportation of the defendant would not |
| 9 | | deprecate the seriousness
of the defendant's conduct |
| 10 | | and would not be inconsistent with the ends of
justice.
|
| 11 | | Otherwise, the defendant shall be sentenced as |
| 12 | | provided in this Chapter V.
|
| 13 | | (B) If the defendant has already been sentenced for a |
| 14 | | felony or
misdemeanor
offense, or has been placed on |
| 15 | | probation under Section 10 of the Cannabis
Control Act,
|
| 16 | | Section 410 of the Illinois Controlled Substances Act, or |
| 17 | | Section 70 of the Methamphetamine Control and Community |
| 18 | | Protection Act, the court
may, upon motion of the State's |
| 19 | | Attorney to suspend the
sentence imposed, commit the |
| 20 | | defendant to the custody of the Attorney General
of the |
| 21 | | United States or his or her designated agent when:
|
| 22 | | (1) a final order of deportation has been issued |
| 23 | | against the defendant
pursuant to proceedings under |
| 24 | | the Immigration and Nationality Act, and
|
| 25 | | (2) the deportation of the defendant would not |
| 26 | | deprecate the seriousness
of the defendant's conduct |
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| 1 | | and would not be inconsistent with the ends of
justice.
|
| 2 | | (C) This subsection (l) does not apply to offenders who |
| 3 | | are subject to the
provisions of paragraph (2) of |
| 4 | | subsection (a) of Section 3-6-3.
|
| 5 | | (D) Upon motion of the State's Attorney, if a defendant |
| 6 | | sentenced under
this Section returns to the jurisdiction of |
| 7 | | the United States, the defendant
shall be recommitted to |
| 8 | | the custody of the county from which he or she was
|
| 9 | | sentenced.
Thereafter, the defendant shall be brought |
| 10 | | before the sentencing court, which
may impose any sentence |
| 11 | | that was available under Section 5-5-3 at the time of
|
| 12 | | initial sentencing. In addition, the defendant shall not be |
| 13 | | eligible for
additional sentence credit for good conduct as |
| 14 | | provided under
Section 3-6-3.
|
| 15 | | (m) A person convicted of criminal defacement of property |
| 16 | | under Section
21-1.3 of the Criminal Code of 1961 or the |
| 17 | | Criminal Code of 2012, in which the property damage exceeds |
| 18 | | $300
and the property damaged is a school building, shall be |
| 19 | | ordered to perform
community service that may include cleanup, |
| 20 | | removal, or painting over the
defacement.
|
| 21 | | (n) The court may sentence a person convicted of a |
| 22 | | violation of Section
12-19, 12-21, 16-1.3, or 17-56, or |
| 23 | | subsection (a) or (b) of Section 12-4.4a, of the Criminal Code |
| 24 | | of 1961 or the Criminal Code of 2012 (i) to an impact
|
| 25 | | incarceration program if the person is otherwise eligible for |
| 26 | | that program
under Section 5-8-1.1, (ii) to community service, |
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| 1 | | or (iii) if the person is an
addict or alcoholic, as defined in |
| 2 | | the Alcoholism and Other Drug Abuse and
Dependency Act, to a |
| 3 | | substance or alcohol abuse program licensed under that
Act. |
| 4 | | (o) Whenever a person is convicted of a sex offense as |
| 5 | | defined in Section 2 of the Sex Offender Registration Act, the |
| 6 | | defendant's driver's license or permit shall be subject to |
| 7 | | renewal on an annual basis in accordance with the provisions of |
| 8 | | license renewal established by the Secretary of State.
|
| 9 | | (Source: P.A. 96-348, eff. 8-12-09; 96-400, eff. 8-13-09; |
| 10 | | 96-829, eff. 12-3-09; 96-1200, eff. 7-22-10; 96-1551, Article |
| 11 | | 1, Section 970, eff. 7-1-11; 96-1551, Article 2, Section 1065, |
| 12 | | eff. 7-1-11; 96-1551, Article 10, Section 10-150, eff. 7-1-11; |
| 13 | | 97-159, eff. 7-21-11; 97-697, eff. 6-22-12; 97-917, eff. |
| 14 | | 8-9-12; 97-1108, eff. 1-1-13; 97-1109, eff. 1-1-13; 97-1150, |
| 15 | | eff. 1-25-13.)
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| | | SB3365 | - 45 - | LRB098 14312 RLC 48930 b |
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| | 1 | |
INDEX
| | 2 | |
Statutes amended in order of appearance
|
|