Bill Amendment: IL HB0184 | 2017-2018 | 100th General Assembly

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: CRIMINAL LAW-TECH

Status: 2019-01-08 - Session Sine Die [HB0184 Detail]

Download: Illinois-2017-HB0184-House_Amendment_001.html

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Rep. Jehan Gordon-Booth

Filed: 10/20/2017

10000HB0184ham001 LRB100 03302 RLC 30130 a
AMENDMENT TO HOUSE BILL 184
AMENDMENT NO. ______. Amend House Bill 184 by replacing
everything after the enacting clause with the following:
"Section 5. The Illinois Criminal Justice Information Act
is amended by changing Section 7 as follows:
(20 ILCS 3930/7) (from Ch. 38, par. 210-7)
(Text of Section before amendment by P.A. 99-938)
Sec. 7. Powers and Duties. The Authority shall have the
following powers, duties and responsibilities:
(a) To develop and operate comprehensive information
systems for the improvement and coordination of all aspects
of law enforcement, prosecution and corrections;
(b) To define, develop, evaluate and correlate State
and local programs and projects associated with the
improvement of law enforcement and the administration of
criminal justice;

10000HB0184ham001 - 2 - LRB100 03302 RLC 30130 a
(c) To act as a central repository and clearing house
for federal, state and local research studies, plans,
projects, proposals and other information relating to all
aspects of criminal justice system improvement and to
encourage educational programs for citizen support of
State and local efforts to make such improvements;
(d) To undertake research studies to aid in
accomplishing its purposes;
(e) To monitor the operation of existing criminal
justice information systems in order to protect the
constitutional rights and privacy of individuals about
whom criminal history record information has been
collected;
(f) To provide an effective administrative forum for
the protection of the rights of individuals concerning
criminal history record information;
(g) To issue regulations, guidelines and procedures
which ensure the privacy and security of criminal history
record information consistent with State and federal laws;
(h) To act as the sole administrative appeal body in
the State of Illinois to conduct hearings and make final
determinations concerning individual challenges to the
completeness and accuracy of criminal history record
information;
(i) To act as the sole, official, criminal justice body
in the State of Illinois to conduct annual and periodic

10000HB0184ham001 - 3 - LRB100 03302 RLC 30130 a
audits of the procedures, policies, and practices of the
State central repositories for criminal history record
information to verify compliance with federal and state
laws and regulations governing such information;
(j) To advise the Authority's Statistical Analysis
Center;
(k) To apply for, receive, establish priorities for,
allocate, disburse and spend grants of funds that are made
available by and received on or after January 1, 1983 from
private sources or from the United States pursuant to the
federal Crime Control Act of 1973, as amended, and similar
federal legislation, and to enter into agreements with the
United States government to further the purposes of this
Act, or as may be required as a condition of obtaining
federal funds;
(l) To receive, expend and account for such funds of
the State of Illinois as may be made available to further
the purposes of this Act;
(m) To enter into contracts and to cooperate with units
of general local government or combinations of such units,
State agencies, and criminal justice system agencies of
other states for the purpose of carrying out the duties of
the Authority imposed by this Act or by the federal Crime
Control Act of 1973, as amended;
(n) To enter into contracts and cooperate with units of
general local government outside of Illinois, other

10000HB0184ham001 - 4 - LRB100 03302 RLC 30130 a
states' agencies, and private organizations outside of
Illinois to provide computer software or design that has
been developed for the Illinois criminal justice system, or
to participate in the cooperative development or design of
new software or systems to be used by the Illinois criminal
justice system. Revenues received as a result of such
arrangements shall be deposited in the Criminal Justice
Information Systems Trust Fund.
(o) To establish general policies concerning criminal
justice information systems and to promulgate such rules,
regulations and procedures as are necessary to the
operation of the Authority and to the uniform consideration
of appeals and audits;
(p) To advise and to make recommendations to the
Governor and the General Assembly on policies relating to
criminal justice information systems;
(q) To direct all other agencies under the jurisdiction
of the Governor to provide whatever assistance and
information the Authority may lawfully require to carry out
its functions;
(r) To exercise any other powers that are reasonable
and necessary to fulfill the responsibilities of the
Authority under this Act and to comply with the
requirements of applicable federal law or regulation;
(s) To exercise the rights, powers and duties which
have been vested in the Authority by the "Illinois Uniform

10000HB0184ham001 - 5 - LRB100 03302 RLC 30130 a
Conviction Information Act", enacted by the 85th General
Assembly, as hereafter amended;
(t) To exercise the rights, powers and duties which
have been vested in the Authority by the Illinois Motor
Vehicle Theft Prevention Act;
(u) To exercise the rights, powers, and duties vested
in the Authority by the Illinois Public Safety Agency
Network Act; and
(v) To provide technical assistance in the form of
training to local governmental entities within Illinois
requesting such assistance for the purposes of procuring
grants for gang intervention and gang prevention programs
or other criminal justice programs from the United States
Department of Justice.
The requirement for reporting to the General Assembly shall
be satisfied by filing copies of the report with the Speaker,
the Minority Leader and the Clerk of the House of
Representatives and the President, the Minority Leader and the
Secretary of the Senate and the Legislative Research Unit, as
required by Section 3.1 of "An Act to revise the law in
relation to the General Assembly", approved February 25, 1874,
as amended, and filing such additional copies with the State
Government Report Distribution Center for the General Assembly
as is required under paragraph (t) of Section 7 of the State
Library Act.
(Source: P.A. 97-435, eff. 1-1-12.)

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(Text of Section after amendment by P.A. 99-938)
Sec. 7. Powers and Duties. The Authority shall have the
following powers, duties and responsibilities:
(a) To develop and operate comprehensive information
systems for the improvement and coordination of all aspects
of law enforcement, prosecution and corrections;
(b) To define, develop, evaluate and correlate State
and local programs and projects associated with the
improvement of law enforcement and the administration of
criminal justice;
(c) To act as a central repository and clearing house
for federal, state and local research studies, plans,
projects, proposals and other information relating to all
aspects of criminal justice system improvement and to
encourage educational programs for citizen support of
State and local efforts to make such improvements;
(d) To undertake research studies to aid in
accomplishing its purposes;
(e) To monitor the operation of existing criminal
justice information systems in order to protect the
constitutional rights and privacy of individuals about
whom criminal history record information has been
collected;
(f) To provide an effective administrative forum for
the protection of the rights of individuals concerning

10000HB0184ham001 - 7 - LRB100 03302 RLC 30130 a
criminal history record information;
(g) To issue regulations, guidelines and procedures
which ensure the privacy and security of criminal history
record information consistent with State and federal laws;
(h) To act as the sole administrative appeal body in
the State of Illinois to conduct hearings and make final
determinations concerning individual challenges to the
completeness and accuracy of criminal history record
information;
(i) To act as the sole, official, criminal justice body
in the State of Illinois to conduct annual and periodic
audits of the procedures, policies, and practices of the
State central repositories for criminal history record
information to verify compliance with federal and state
laws and regulations governing such information;
(j) To advise the Authority's Statistical Analysis
Center;
(k) To apply for, receive, establish priorities for,
allocate, disburse and spend grants of funds that are made
available by and received on or after January 1, 1983 from
private sources or from the United States pursuant to the
federal Crime Control Act of 1973, as amended, and similar
federal legislation, and to enter into agreements with the
United States government to further the purposes of this
Act, or as may be required as a condition of obtaining
federal funds;

10000HB0184ham001 - 8 - LRB100 03302 RLC 30130 a
(l) To receive, expend and account for such funds of
the State of Illinois as may be made available to further
the purposes of this Act;
(m) To enter into contracts and to cooperate with units
of general local government or combinations of such units,
State agencies, and criminal justice system agencies of
other states for the purpose of carrying out the duties of
the Authority imposed by this Act or by the federal Crime
Control Act of 1973, as amended;
(n) To enter into contracts and cooperate with units of
general local government outside of Illinois, other
states' agencies, and private organizations outside of
Illinois to provide computer software or design that has
been developed for the Illinois criminal justice system, or
to participate in the cooperative development or design of
new software or systems to be used by the Illinois criminal
justice system. Revenues received as a result of such
arrangements shall be deposited in the Criminal Justice
Information Systems Trust Fund;
(o) To establish general policies concerning criminal
justice information systems and to promulgate such rules,
regulations and procedures as are necessary to the
operation of the Authority and to the uniform consideration
of appeals and audits;
(p) To advise and to make recommendations to the
Governor and the General Assembly on policies relating to

10000HB0184ham001 - 9 - LRB100 03302 RLC 30130 a
criminal justice information systems;
(q) To direct all other agencies under the jurisdiction
of the Governor to provide whatever assistance and
information the Authority may lawfully require to carry out
its functions;
(r) To exercise any other powers that are reasonable
and necessary to fulfill the responsibilities of the
Authority under this Act and to comply with the
requirements of applicable federal law or regulation;
(s) To exercise the rights, powers and duties which
have been vested in the Authority by the "Illinois Uniform
Conviction Information Act", enacted by the 85th General
Assembly, as hereafter amended;
(t) To exercise the rights, powers and duties which
have been vested in the Authority by the Illinois Motor
Vehicle Theft Prevention Act;
(u) To exercise the rights, powers, and duties vested
in the Authority by the Illinois Public Safety Agency
Network Act;
(v) To provide technical assistance in the form of
training to local governmental entities within Illinois
requesting such assistance for the purposes of procuring
grants for gang intervention and gang prevention programs
or other criminal justice programs from the United States
Department of Justice; and
(w) To conduct strategic planning and provide

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technical assistance to implement comprehensive trauma
recovery services for violent crime victims in underserved
communities with high levels of violent crime, with the
goal of providing a safe, community-based, culturally
competent environment in which to access services
necessary to facilitate recovery from the effects of
chronic and repeat exposure to trauma. Services may
include, but are not limited to, behavioral health
treatment, financial recovery, family support and
relocation assistance, and support in navigating the legal
system; and .
(x) To coordinate statewide violence prevention
efforts and assist in the implementation of trauma recovery
centers and analyze trauma recovery services. The
Authority shall develop, publish, and facilitate the
implementation of a 4-year statewide violence prevention
plan, which shall incorporate public health, public
safety, victim services, and trauma recovery centers and
services.
The requirement for reporting to the General Assembly shall
be satisfied by filing copies of the report with the Speaker,
the Minority Leader and the Clerk of the House of
Representatives and the President, the Minority Leader and the
Secretary of the Senate and the Legislative Research Unit, as
required by Section 3.1 of "An Act to revise the law in
relation to the General Assembly", approved February 25, 1874,

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as amended, and filing such additional copies with the State
Government Report Distribution Center for the General Assembly
as is required under paragraph (t) of Section 7 of the State
Library Act.
(Source: P.A. 99-938, eff. 1-1-18.)
Section 10. The Illinois Vehicle Code is amended by
changing Section 6-303 as follows:
(625 ILCS 5/6-303) (from Ch. 95 1/2, par. 6-303)
(Text of Section before amendment by P.A. 100-149)
Sec. 6-303. Driving while driver's license, permit or
privilege to operate a motor vehicle is suspended or revoked.
(a) Except as otherwise provided in subsection (a-5), any
person who drives or is in actual physical control of a motor
vehicle on any highway of this State at a time when such
person's driver's license, permit or privilege to do so or the
privilege to obtain a driver's license or permit is revoked or
suspended as provided by this Code or the law of another state,
except as may be specifically allowed by a judicial driving
permit issued prior to January 1, 2009, monitoring device
driving permit, family financial responsibility driving
permit, probationary license to drive, or a restricted driving
permit issued pursuant to this Code or under the law of another
state, shall be guilty of a Class A misdemeanor.
(a-3) A second or subsequent violation of subsection (a) of

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this Section is a Class 4 felony if committed by a person whose
driving or operation of a motor vehicle is the proximate cause
of a motor vehicle accident that causes personal injury or
death to another. For purposes of this subsection, a personal
injury includes any Type A injury as indicated on the traffic
accident report completed by a law enforcement officer that
requires immediate professional attention in either a doctor's
office or a medical facility. A Type A injury includes severe
bleeding wounds, distorted extremities, and injuries that
require the injured party to be carried from the scene.
(a-5) Any person who violates this Section as provided in
subsection (a) while his or her driver's license, permit or
privilege is revoked because of a violation of Section 9-3 of
the Criminal Code of 1961 or the Criminal Code of 2012,
relating to the offense of reckless homicide or a similar
provision of a law of another state, is guilty of a Class 4
felony. The person shall be required to undergo a professional
evaluation, as provided in Section 11-501 of this Code, to
determine if an alcohol, drug, or intoxicating compound problem
exists and the extent of the problem, and to undergo the
imposition of treatment as appropriate.
(a-10) A person's driver's license, permit, or privilege to
obtain a driver's license or permit may be subject to multiple
revocations, multiple suspensions, or any combination of both
simultaneously. No revocation or suspension shall serve to
negate, invalidate, cancel, postpone, or in any way lessen the

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effect of any other revocation or suspension entered prior or
subsequent to any other revocation or suspension.
(b) (Blank).
(b-1) Upon receiving a report of the conviction of any
violation indicating a person was operating a motor vehicle
during the time when the person's driver's license, permit or
privilege was suspended by the Secretary of State or the
driver's licensing administrator of another state, except as
specifically allowed by a probationary license, judicial
driving permit, restricted driving permit or monitoring device
driving permit the Secretary shall extend the suspension for
the same period of time as the originally imposed suspension
unless the suspension has already expired, in which case the
Secretary shall be authorized to suspend the person's driving
privileges for the same period of time as the originally
imposed suspension.
(b-2) Except as provided in subsection (b-6), upon
receiving a report of the conviction of any violation
indicating a person was operating a motor vehicle when the
person's driver's license, permit or privilege was revoked by
the Secretary of State or the driver's license administrator of
any other state, except as specifically allowed by a restricted
driving permit issued pursuant to this Code or the law of
another state, the Secretary shall not issue a driver's license
for an additional period of one year from the date of such
conviction indicating such person was operating a vehicle

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during such period of revocation.
(b-3) (Blank).
(b-4) When the Secretary of State receives a report of a
conviction of any violation indicating a person was operating a
motor vehicle that was not equipped with an ignition interlock
device during a time when the person was prohibited from
operating a motor vehicle not equipped with such a device, the
Secretary shall not issue a driver's license to that person for
an additional period of one year from the date of the
conviction.
(b-5) Any person convicted of violating this Section shall
serve a minimum term of imprisonment of 30 consecutive days or
300 hours of community service when the person's driving
privilege was revoked or suspended as a result of a violation
of Section 9-3 of the Criminal Code of 1961 or the Criminal
Code of 2012, relating to the offense of reckless homicide, or
a similar provision of a law of another state. The court may
give credit toward the fulfillment of community service hours
for participation in activities and treatment as determined by
court services.
(b-6) Upon receiving a report of a first conviction of
operating a motor vehicle while the person's driver's license,
permit or privilege was revoked where the revocation was for a
violation of Section 9-3 of the Criminal Code of 1961 or the
Criminal Code of 2012 relating to the offense of reckless
homicide or a similar out-of-state offense, the Secretary shall

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not issue a driver's license for an additional period of three
years from the date of such conviction.
(c) Except as provided in subsections (c-3) and (c-4), any
person convicted of violating this Section shall serve a
minimum term of imprisonment of 10 consecutive days or 30 days
of community service when the person's driving privilege was
revoked or suspended as a result of:
(1) a violation of Section 11-501 of this Code or a
similar provision of a local ordinance relating to the
offense of operating or being in physical control of a
vehicle while under the influence of alcohol, any other
drug or any combination thereof; or
(2) a violation of paragraph (b) of Section 11-401 of
this Code or a similar provision of a local ordinance
relating to the offense of leaving the scene of a motor
vehicle accident involving personal injury or death; or
(3) a statutory summary suspension or revocation under
Section 11-501.1 of this Code.
Such sentence of imprisonment or community service shall
not be subject to suspension in order to reduce such sentence.
(c-1) Except as provided in subsections (c-5) and (d), any
person convicted of a second violation of this Section shall be
ordered by the court to serve a minimum of 100 hours of
community service. The court may give credit toward the
fulfillment of community service hours for participation in
activities and treatment as determined by court services.

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(c-2) In addition to other penalties imposed under this
Section, the court may impose on any person convicted a fourth
time of violating this Section any of the following:
(1) Seizure of the license plates of the person's
vehicle.
(2) Immobilization of the person's vehicle for a period
of time to be determined by the court.
(c-3) Any person convicted of a violation of this Section
during a period of summary suspension imposed pursuant to
Section 11-501.1 when the person was eligible for a MDDP shall
be guilty of a Class 4 felony and shall serve a minimum term of
imprisonment of 30 days.
(c-4) Any person who has been issued a MDDP or a restricted
driving permit which requires the person to operate only motor
vehicles equipped with an ignition interlock device and who is
convicted of a violation of this Section as a result of
operating or being in actual physical control of a motor
vehicle not equipped with an ignition interlock device at the
time of the offense shall be guilty of a Class 4 felony and
shall serve a minimum term of imprisonment of 30 days.
(c-5) Any person convicted of a second violation of this
Section is guilty of a Class 2 felony, is not eligible for
probation or conditional discharge, and shall serve a mandatory
term of imprisonment, if:
(1) the current violation occurred when the person's
driver's license was suspended or revoked for a violation

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of Section 9-3 of the Criminal Code of 1961 or the Criminal
Code of 2012, relating to the offense of reckless homicide,
or a similar out-of-state offense; and
(2) the prior conviction under this Section occurred
while the person's driver's license was suspended or
revoked for a violation of Section 9-3 of the Criminal Code
of 1961 or the Criminal Code of 2012 relating to the
offense of reckless homicide, or a similar out-of-state
offense, or was suspended or revoked for a violation of
Section 11-401 or 11-501 of this Code, a similar
out-of-state offense, a similar provision of a local
ordinance, or a statutory summary suspension or revocation
under Section 11-501.1 of this Code.
(d) Any person convicted of a second violation of this
Section shall be guilty of a Class 4 felony and shall serve a
minimum term of imprisonment of 30 days or 300 hours of
community service, as determined by the court, if:
(1) the current violation occurred when the person's
driver's license was suspended or revoked for a violation
of Section 11-401 or 11-501 of this Code, a similar
out-of-state offense, a similar provision of a local
ordinance, or a statutory summary suspension or revocation
under Section 11-501.1 of this Code; and
(2) the prior conviction under this Section occurred
while the person's driver's license was suspended or
revoked for a violation of Section 11-401 or 11-501 of this

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Code, a similar out-of-state offense, a similar provision
of a local ordinance, or a statutory summary suspension or
revocation under Section 11-501.1 of this Code, or for a
violation of Section 9-3 of the Criminal Code of 1961 or
the Criminal Code of 2012, relating to the offense of
reckless homicide, or a similar out-of-state offense.
(3) The court may give credit toward the fulfillment of
community service hours for participation in activities
and treatment as determined by court services.
(d-1) Except as provided in subsections (d-2), (d-2.5), and
(d-3), any person convicted of a third or subsequent violation
of this Section shall serve a minimum term of imprisonment of
30 days or 300 hours of community service, as determined by the
court. The court may give credit toward the fulfillment of
community service hours for participation in activities and
treatment as determined by court services.
(d-2) Any person convicted of a third violation of this
Section is guilty of a Class 4 felony and must serve a minimum
term of imprisonment of 30 days, if:
(1) the current violation occurred when the person's
driver's license was suspended or revoked for a violation
of Section 11-401 or 11-501 of this Code, or a similar
out-of-state offense, or a similar provision of a local
ordinance, or a statutory summary suspension or revocation
under Section 11-501.1 of this Code; and
(2) the prior convictions under this Section occurred

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while the person's driver's license was suspended or
revoked for a violation of Section 11-401 or 11-501 of this
Code, a similar out-of-state offense, a similar provision
of a local ordinance, or a statutory summary suspension or
revocation under Section 11-501.1 of this Code, or for a
violation of Section 9-3 of the Criminal Code of 1961 or
the Criminal Code of 2012, relating to the offense of
reckless homicide, or a similar out-of-state offense.
(d-2.5) Any person convicted of a third violation of this
Section is guilty of a Class 1 felony, is not eligible for
probation or conditional discharge, and must serve a mandatory
term of imprisonment, if:
(1) the current violation occurred while the person's
driver's license was suspended or revoked for a violation
of Section 9-3 of the Criminal Code of 1961 or the Criminal
Code of 2012, relating to the offense of reckless homicide,
or a similar out-of-state offense. The person's driving
privileges shall be revoked for the remainder of the
person's life; and
(2) the prior convictions under this Section occurred
while the person's driver's license was suspended or
revoked for a violation of Section 9-3 of the Criminal Code
of 1961 or the Criminal Code of 2012, relating to the
offense of reckless homicide, or a similar out-of-state
offense, or was suspended or revoked for a violation of
Section 11-401 or 11-501 of this Code, a similar

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out-of-state offense, a similar provision of a local
ordinance, or a statutory summary suspension or revocation
under Section 11-501.1 of this Code.
(d-3) Any person convicted of a fourth, fifth, sixth,
seventh, eighth, or ninth violation of this Section is guilty
of a Class 4 felony and must serve a minimum term of
imprisonment of 180 days, if:
(1) the current violation occurred when the person's
driver's license was suspended or revoked for a violation
of Section 11-401 or 11-501 of this Code, a similar
out-of-state offense, a similar provision of a local
ordinance, or a statutory summary suspension or revocation
under Section 11-501.1 of this Code; and
(2) the prior convictions under this Section occurred
while the person's driver's license was suspended or
revoked for a violation of Section 11-401 or 11-501 of this
Code, a similar out-of-state offense, a similar provision
of a local ordinance, or a statutory summary suspension or
revocation under Section 11-501.1 of this Code, or for a
violation of Section 9-3 of the Criminal Code of 1961 or
the Criminal Code of 2012, relating to the offense of
reckless homicide, or a similar out-of-state offense.
(d-3.5) Any person convicted of a fourth or subsequent
violation of this Section is guilty of a Class 1 felony, is not
eligible for probation or conditional discharge, and must serve
a mandatory term of imprisonment, and is eligible for an

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extended term, if:
(1) the current violation occurred when the person's
driver's license was suspended or revoked for a violation
of Section 9-3 of the Criminal Code of 1961 or the Criminal
Code of 2012, relating to the offense of reckless homicide,
or a similar out-of-state offense; and
(2) the prior convictions under this Section occurred
while the person's driver's license was suspended or
revoked for a violation of Section 9-3 of the Criminal Code
of 1961 or the Criminal Code of 2012, relating to the
offense of reckless homicide, or a similar out-of-state
offense, or was suspended or revoked for a violation of
Section 11-401 or 11-501 of this Code, a similar
out-of-state offense, a similar provision of a local
ordinance, or a statutory summary suspension or revocation
under Section 11-501.1 of this Code.
(d-4) Any person convicted of a tenth, eleventh, twelfth,
thirteenth, or fourteenth violation of this Section is guilty
of a Class 3 felony, and is not eligible for probation or
conditional discharge, if:
(1) the current violation occurred when the person's
driver's license was suspended or revoked for a violation
of Section 11-401 or 11-501 of this Code, or a similar
out-of-state offense, or a similar provision of a local
ordinance, or a statutory summary suspension or revocation
under Section 11-501.1 of this Code; and

10000HB0184ham001 - 22 - LRB100 03302 RLC 30130 a
(2) the prior convictions under this Section occurred
while the person's driver's license was suspended or
revoked for a violation of Section 11-401 or 11-501 of this
Code, a similar out-of-state offense, a similar provision
of a local ordinance, or a statutory suspension or
revocation under Section 11-501.1 of this Code, or for a
violation of Section 9-3 of the Criminal Code of 1961 or
the Criminal Code of 2012, relating to the offense of
reckless homicide, or a similar out-of-state offense.
(d-5) Any person convicted of a fifteenth or subsequent
violation of this Section is guilty of a Class 2 felony, and is
not eligible for probation or conditional discharge, if:
(1) the current violation occurred when the person's
driver's license was suspended or revoked for a violation
of Section 11-401 or 11-501 of this Code, or a similar
out-of-state offense, or a similar provision of a local
ordinance, or a statutory summary suspension or revocation
under Section 11-501.1 of this Code; and
(2) the prior convictions under this Section occurred
while the person's driver's license was suspended or
revoked for a violation of Section 11-401 or 11-501 of this
Code, a similar out-of-state offense, a similar provision
of a local ordinance, or a statutory summary suspension or
revocation under Section 11-501.1 of this Code, or for a
violation of Section 9-3 of the Criminal Code of 1961 or
the Criminal Code of 2012, relating to the offense of

10000HB0184ham001 - 23 - LRB100 03302 RLC 30130 a
reckless homicide, or a similar out-of-state offense.
(e) Any person in violation of this Section who is also in
violation of Section 7-601 of this Code relating to mandatory
insurance requirements, in addition to other penalties imposed
under this Section, shall have his or her motor vehicle
immediately impounded by the arresting law enforcement
officer. The motor vehicle may be released to any licensed
driver upon a showing of proof of insurance for the vehicle
that was impounded and the notarized written consent for the
release by the vehicle owner.
(f) For any prosecution under this Section, a certified
copy of the driving abstract of the defendant shall be admitted
as proof of any prior conviction.
(g) The motor vehicle used in a violation of this Section
is subject to seizure and forfeiture as provided in Sections
36-1 and 36-2 of the Criminal Code of 2012 if the person's
driving privilege was revoked or suspended as a result of:
(1) a violation of Section 11-501 of this Code, a
similar provision of a local ordinance, or a similar
provision of a law of another state;
(2) a violation of paragraph (b) of Section 11-401 of
this Code, a similar provision of a local ordinance, or a
similar provision of a law of another state;
(3) a statutory summary suspension or revocation under
Section 11-501.1 of this Code or a similar provision of a
law of another state; or

10000HB0184ham001 - 24 - LRB100 03302 RLC 30130 a
(4) a violation of Section 9-3 of the Criminal Code of
1961 or the Criminal Code of 2012 relating to the offense
of reckless homicide, or a similar provision of a law of
another state.
(Source: P.A. 98-285, eff. 1-1-14; 98-418, eff. 8-16-13;
98-573, eff. 8-27-13; 98-756, eff. 7-16-14; 99-290, eff.
1-1-16.)
(Text of Section after amendment by P.A. 100-149)
Sec. 6-303. Driving while driver's license, permit or
privilege to operate a motor vehicle is suspended or revoked.
(a) Except as otherwise provided in subsection (a-5), any
person who drives or is in actual physical control of a motor
vehicle on any highway of this State at a time when such
person's driver's license, permit or privilege to do so or the
privilege to obtain a driver's license or permit is revoked or
suspended as provided by this Code or the law of another state,
except as may be specifically allowed by a judicial driving
permit issued prior to January 1, 2009, monitoring device
driving permit, family financial responsibility driving
permit, probationary license to drive, or a restricted driving
permit issued pursuant to this Code or under the law of another
state, shall be guilty of a Class A misdemeanor.
(a-3) A second or subsequent violation of subsection (a) of
this Section is a Class 4 felony if committed by a person whose
driving or operation of a motor vehicle is the proximate cause

10000HB0184ham001 - 25 - LRB100 03302 RLC 30130 a
of a motor vehicle accident that causes personal injury or
death to another. For purposes of this subsection, a personal
injury includes any Type A injury as indicated on the traffic
accident report completed by a law enforcement officer that
requires immediate professional attention in either a doctor's
office or a medical facility. A Type A injury includes severe
bleeding wounds, distorted extremities, and injuries that
require the injured party to be carried from the scene.
(a-5) Any person who violates this Section as provided in
subsection (a) while his or her driver's license, permit or
privilege is revoked because of a violation of Section 9-3 of
the Criminal Code of 1961 or the Criminal Code of 2012,
relating to the offense of reckless homicide, or a violation of
subparagraph (F) of paragraph (1) of subsection (d) of Section
11-501 of this Code, relating to the offense of aggravated
driving under the influence of alcohol, other drug or drugs, or
intoxicating compound or compounds, or any combination thereof
when the violation was a proximate cause of a death, or a
similar provision of a law of another state, is guilty of a
Class 4 felony. The person shall be required to undergo a
professional evaluation, as provided in Section 11-501 of this
Code, to determine if an alcohol, drug, or intoxicating
compound problem exists and the extent of the problem, and to
undergo the imposition of treatment as appropriate.
(a-10) A person's driver's license, permit, or privilege to
obtain a driver's license or permit may be subject to multiple

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revocations, multiple suspensions, or any combination of both
simultaneously. No revocation or suspension shall serve to
negate, invalidate, cancel, postpone, or in any way lessen the
effect of any other revocation or suspension entered prior or
subsequent to any other revocation or suspension.
(b) (Blank).
(b-1) Upon receiving a report of the conviction of any
violation indicating a person was operating a motor vehicle
during the time when the person's driver's license, permit or
privilege was suspended by the Secretary of State or the
driver's licensing administrator of another state, except as
specifically allowed by a probationary license, judicial
driving permit, restricted driving permit or monitoring device
driving permit the Secretary shall extend the suspension for
the same period of time as the originally imposed suspension
unless the suspension has already expired, in which case the
Secretary shall be authorized to suspend the person's driving
privileges for the same period of time as the originally
imposed suspension.
(b-2) Except as provided in subsection (b-6), upon
receiving a report of the conviction of any violation
indicating a person was operating a motor vehicle when the
person's driver's license, permit or privilege was revoked by
the Secretary of State or the driver's license administrator of
any other state, except as specifically allowed by a restricted
driving permit issued pursuant to this Code or the law of

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another state, the Secretary shall not issue a driver's license
for an additional period of one year from the date of such
conviction indicating such person was operating a vehicle
during such period of revocation.
(b-3) (Blank).
(b-4) When the Secretary of State receives a report of a
conviction of any violation indicating a person was operating a
motor vehicle that was not equipped with an ignition interlock
device during a time when the person was prohibited from
operating a motor vehicle not equipped with such a device, the
Secretary shall not issue a driver's license to that person for
an additional period of one year from the date of the
conviction.
(b-5) Any person convicted of violating this Section shall
serve a minimum term of imprisonment of 30 consecutive days or
300 hours of community service when the person's driving
privilege was revoked or suspended as a result of a violation
of Section 9-3 of the Criminal Code of 1961 or the Criminal
Code of 2012, relating to the offense of reckless homicide, or
a violation of subparagraph (F) of paragraph (1) of subsection
(d) of Section 11-501 of this Code, relating to the offense of
aggravated driving under the influence of alcohol, other drug
or drugs, or intoxicating compound or compounds, or any
combination thereof when the violation was a proximate cause of
a death, or a similar provision of a law of another state. The
court may give credit toward the fulfillment of community

10000HB0184ham001 - 28 - LRB100 03302 RLC 30130 a
service hours for participation in activities and treatment as
determined by court services.
(b-6) Upon receiving a report of a first conviction of
operating a motor vehicle while the person's driver's license,
permit or privilege was revoked where the revocation was for a
violation of Section 9-3 of the Criminal Code of 1961 or the
Criminal Code of 2012 relating to the offense of reckless
homicide, or a violation of subparagraph (F) of paragraph (1)
of subsection (d) of Section 11-501 of this Code, relating to
the offense of aggravated driving under the influence of
alcohol, other drug or drugs, or intoxicating compound or
compounds, or any combination thereof when the violation was a
proximate cause of a death, or a similar out-of-state offense,
the Secretary shall not issue a driver's license for an
additional period of three years from the date of such
conviction.
(c) Except as provided in subsections (c-3) and (c-4), any
person convicted of violating this Section shall serve a
minimum term of imprisonment of 10 consecutive days or 30 days
of community service when the person's driving privilege was
revoked or suspended as a result of:
(1) a violation of Section 11-501 of this Code or a
similar provision of a local ordinance relating to the
offense of operating or being in physical control of a
vehicle while under the influence of alcohol, any other
drug or any combination thereof; or

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(2) a violation of paragraph (b) of Section 11-401 of
this Code or a similar provision of a local ordinance
relating to the offense of leaving the scene of a motor
vehicle accident involving personal injury or death; or
(3) a statutory summary suspension or revocation under
Section 11-501.1 of this Code.
Such sentence of imprisonment or community service shall
not be subject to suspension in order to reduce such sentence.
(c-1) Except as provided in subsections (c-5) and (d), any
person convicted of a second violation of this Section shall be
ordered by the court to serve a minimum of 100 hours of
community service. The court may give credit toward the
fulfillment of community service hours for participation in
activities and treatment as determined by court services.
(c-2) In addition to other penalties imposed under this
Section, the court may impose on any person convicted a fourth
time of violating this Section any of the following:
(1) Seizure of the license plates of the person's
vehicle.
(2) Immobilization of the person's vehicle for a period
of time to be determined by the court.
(c-3) Any person convicted of a violation of this Section
during a period of summary suspension imposed pursuant to
Section 11-501.1 when the person was eligible for a MDDP shall
be guilty of a Class 4 felony and shall serve a minimum term of
imprisonment of 30 days.

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(c-4) Any person who has been issued a MDDP or a restricted
driving permit which requires the person to operate only motor
vehicles equipped with an ignition interlock device and who is
convicted of a violation of this Section as a result of
operating or being in actual physical control of a motor
vehicle not equipped with an ignition interlock device at the
time of the offense shall be guilty of a Class 4 felony and
shall serve a minimum term of imprisonment of 30 days.
(c-5) Any person convicted of a second violation of this
Section is guilty of a Class 2 felony, is not eligible for
probation or conditional discharge, and shall serve a mandatory
term of imprisonment, if:
(1) the current violation occurred when the person's
driver's license was suspended or revoked for a violation
of Section 9-3 of the Criminal Code of 1961 or the Criminal
Code of 2012, relating to the offense of reckless homicide,
or a violation of subparagraph (F) of paragraph (1) of
subsection (d) of Section 11-501 of this Code, relating to
the offense of aggravated driving under the influence of
alcohol, other drug or drugs, or intoxicating compound or
compounds, or any combination thereof when the violation
was a proximate cause of a death, or a similar out-of-state
offense; and
(2) the prior conviction under this Section occurred
while the person's driver's license was suspended or
revoked for a violation of Section 9-3 of the Criminal Code

10000HB0184ham001 - 31 - LRB100 03302 RLC 30130 a
of 1961 or the Criminal Code of 2012 relating to the
offense of reckless homicide, or a violation of
subparagraph (F) of paragraph (1) of subsection (d) of
Section 11-501 of this Code, relating to the offense of
aggravated driving under the influence of alcohol, other
drug or drugs, or intoxicating compound or compounds, or
any combination thereof when the violation was a proximate
cause of a death, or a similar out-of-state offense, or was
suspended or revoked for a violation of Section 11-401 or
11-501 of this Code, a similar out-of-state offense, a
similar provision of a local ordinance, or a statutory
summary suspension or revocation under Section 11-501.1 of
this Code.
(d) Any person convicted of a second violation of this
Section shall be guilty of a Class 4 felony and shall serve a
minimum term of imprisonment of 30 days or 300 hours of
community service, as determined by the court, if:
(1) the current violation occurred when the person's
driver's license was suspended or revoked for a violation
of Section 11-401 or 11-501 of this Code, a similar
out-of-state offense, a similar provision of a local
ordinance, or a statutory summary suspension or revocation
under Section 11-501.1 of this Code; and
(2) the prior conviction under this Section occurred
while the person's driver's license was suspended or
revoked for a violation of Section 11-401 or 11-501 of this

10000HB0184ham001 - 32 - LRB100 03302 RLC 30130 a
Code, a similar out-of-state offense, a similar provision
of a local ordinance, or a statutory summary suspension or
revocation under Section 11-501.1 of this Code, or for a
violation of Section 9-3 of the Criminal Code of 1961 or
the Criminal Code of 2012, relating to the offense of
reckless homicide, or a violation of subparagraph (F) of
paragraph (1) of subsection (d) of Section 11-501 of this
Code, relating to the offense of aggravated driving under
the influence of alcohol, other drug or drugs, or
intoxicating compound or compounds, or any combination
thereof when the violation was a proximate cause of a
death, or a similar out-of-state offense.
(3) The court may give credit toward the fulfillment of
community service hours for participation in activities
and treatment as determined by court services.
(d-1) Except as provided in subsections (d-2), (d-2.5), and
(d-3), any person convicted of a third or subsequent violation
of this Section shall serve a minimum term of imprisonment of
30 days or 300 hours of community service, as determined by the
court. The court may give credit toward the fulfillment of
community service hours for participation in activities and
treatment as determined by court services.
(d-2) Any person convicted of a third violation of this
Section is guilty of a Class 4 felony and must serve a minimum
term of imprisonment of 30 days, if:
(1) the current violation occurred when the person's

10000HB0184ham001 - 33 - LRB100 03302 RLC 30130 a
driver's license was suspended or revoked for a violation
of Section 11-401 or 11-501 of this Code, or a similar
out-of-state offense, or a similar provision of a local
ordinance, or a statutory summary suspension or revocation
under Section 11-501.1 of this Code; and
(2) the prior convictions under this Section occurred
while the person's driver's license was suspended or
revoked for a violation of Section 11-401 or 11-501 of this
Code, a similar out-of-state offense, a similar provision
of a local ordinance, or a statutory summary suspension or
revocation under Section 11-501.1 of this Code, or for a
violation of Section 9-3 of the Criminal Code of 1961 or
the Criminal Code of 2012, relating to the offense of
reckless homicide, or a violation of subparagraph (F) of
paragraph (1) of subsection (d) of Section 11-501 of this
Code, relating to the offense of aggravated driving under
the influence of alcohol, other drug or drugs, or
intoxicating compound or compounds, or any combination
thereof when the violation was a proximate cause of a
death, or a similar out-of-state offense.
(d-2.5) Any person convicted of a third violation of this
Section is guilty of a Class 1 felony, is not eligible for
probation or conditional discharge, and must serve a mandatory
term of imprisonment, if:
(1) the current violation occurred while the person's
driver's license was suspended or revoked for a violation

10000HB0184ham001 - 34 - LRB100 03302 RLC 30130 a
of Section 9-3 of the Criminal Code of 1961 or the Criminal
Code of 2012, relating to the offense of reckless homicide,
or a violation of subparagraph (F) of paragraph (1) of
subsection (d) of Section 11-501 of this Code, relating to
the offense of aggravated driving under the influence of
alcohol, other drug or drugs, or intoxicating compound or
compounds, or any combination thereof when the violation
was a proximate cause of a death, or a similar out-of-state
offense. The person's driving privileges shall be revoked
for the remainder of the person's life; and
(2) the prior convictions under this Section occurred
while the person's driver's license was suspended or
revoked for a violation of Section 9-3 of the Criminal Code
of 1961 or the Criminal Code of 2012, relating to the
offense of reckless homicide, or a violation of
subparagraph (F) of paragraph (1) of subsection (d) of
Section 11-501 of this Code, relating to the offense of
aggravated driving under the influence of alcohol, other
drug or drugs, or intoxicating compound or compounds, or
any combination thereof when the violation was a proximate
cause of a death, or a similar out-of-state offense, or was
suspended or revoked for a violation of Section 11-401 or
11-501 of this Code, a similar out-of-state offense, a
similar provision of a local ordinance, or a statutory
summary suspension or revocation under Section 11-501.1 of
this Code.

10000HB0184ham001 - 35 - LRB100 03302 RLC 30130 a
(d-3) Any person convicted of a fourth, fifth, sixth,
seventh, eighth, or ninth violation of this Section is guilty
of a Class 4 felony and must serve a minimum term of
imprisonment of 180 days, if:
(1) the current violation occurred when the person's
driver's license was suspended or revoked for a violation
of Section 11-401 or 11-501 of this Code, a similar
out-of-state offense, a similar provision of a local
ordinance, or a statutory summary suspension or revocation
under Section 11-501.1 of this Code; and
(2) the prior convictions under this Section occurred
while the person's driver's license was suspended or
revoked for a violation of Section 11-401 or 11-501 of this
Code, a similar out-of-state offense, a similar provision
of a local ordinance, or a statutory summary suspension or
revocation under Section 11-501.1 of this Code, or for a
violation of Section 9-3 of the Criminal Code of 1961 or
the Criminal Code of 2012, relating to the offense of
reckless homicide, or a violation of subparagraph (F) of
paragraph (1) of subsection (d) of Section 11-501 of this
Code, relating to the offense of aggravated driving under
the influence of alcohol, other drug or drugs, or
intoxicating compound or compounds, or any combination
thereof when the violation was a proximate cause of a
death, or a similar out-of-state offense.
(d-3.5) Any person convicted of a fourth or subsequent

10000HB0184ham001 - 36 - LRB100 03302 RLC 30130 a
violation of this Section is guilty of a Class 1 felony, is not
eligible for probation or conditional discharge, and must serve
a mandatory term of imprisonment, and is eligible for an
extended term, if:
(1) the current violation occurred when the person's
driver's license was suspended or revoked for a violation
of Section 9-3 of the Criminal Code of 1961 or the Criminal
Code of 2012, relating to the offense of reckless homicide,
or a violation of subparagraph (F) of paragraph (1) of
subsection (d) of Section 11-501 of this Code, relating to
the offense of aggravated driving under the influence of
alcohol, other drug or drugs, or intoxicating compound or
compounds, or any combination thereof when the violation
was a proximate cause of a death, or a similar out-of-state
offense; and
(2) the prior convictions under this Section occurred
while the person's driver's license was suspended or
revoked for a violation of Section 9-3 of the Criminal Code
of 1961 or the Criminal Code of 2012, relating to the
offense of reckless homicide, or a violation of
subparagraph (F) of paragraph (1) of subsection (d) of
Section 11-501 of this Code, relating to the offense of
aggravated driving under the influence of alcohol, other
drug or drugs, or intoxicating compound or compounds, or
any combination thereof when the violation was a proximate
cause of a death, or a similar out-of-state offense, or was

10000HB0184ham001 - 37 - LRB100 03302 RLC 30130 a
suspended or revoked for a violation of Section 11-401 or
11-501 of this Code, a similar out-of-state offense, a
similar provision of a local ordinance, or a statutory
summary suspension or revocation under Section 11-501.1 of
this Code.
(d-4) Any person convicted of a tenth, eleventh, twelfth,
thirteenth, or fourteenth violation of this Section is guilty
of a Class 3 felony, and is not eligible for probation or
conditional discharge, if:
(1) the current violation occurred when the person's
driver's license was suspended or revoked for a violation
of Section 11-401 or 11-501 of this Code, or a similar
out-of-state offense, or a similar provision of a local
ordinance, or a statutory summary suspension or revocation
under Section 11-501.1 of this Code; and
(2) the prior convictions under this Section occurred
while the person's driver's license was suspended or
revoked for a violation of Section 11-401 or 11-501 of this
Code, a similar out-of-state offense, a similar provision
of a local ordinance, or a statutory suspension or
revocation under Section 11-501.1 of this Code, or for a
violation of Section 9-3 of the Criminal Code of 1961 or
the Criminal Code of 2012, relating to the offense of
reckless homicide, or a violation of subparagraph (F) of
paragraph (1) of subsection (d) of Section 11-501 of this
Code, relating to the offense of aggravated driving under

10000HB0184ham001 - 38 - LRB100 03302 RLC 30130 a
the influence of alcohol, other drug or drugs, or
intoxicating compound or compounds, or any combination
thereof when the violation was a proximate cause of a
death, or a similar out-of-state offense.
(d-5) Any person convicted of a fifteenth or subsequent
violation of this Section is guilty of a Class 2 felony, and is
not eligible for probation or conditional discharge, if:
(1) the current violation occurred when the person's
driver's license was suspended or revoked for a violation
of Section 11-401 or 11-501 of this Code, or a similar
out-of-state offense, or a similar provision of a local
ordinance, or a statutory summary suspension or revocation
under Section 11-501.1 of this Code; and
(2) the prior convictions under this Section occurred
while the person's driver's license was suspended or
revoked for a violation of Section 11-401 or 11-501 of this
Code, a similar out-of-state offense, a similar provision
of a local ordinance, or a statutory summary suspension or
revocation under Section 11-501.1 of this Code, or for a
violation of Section 9-3 of the Criminal Code of 1961 or
the Criminal Code of 2012, relating to the offense of
reckless homicide, or a violation of subparagraph (F) of
paragraph (1) of subsection (d) of Section 11-501 of this
Code, relating to the offense of aggravated driving under
the influence of alcohol, other drug or drugs, or
intoxicating compound or compounds, or any combination

10000HB0184ham001 - 39 - LRB100 03302 RLC 30130 a
thereof when the violation was a proximate cause of a
death, or a similar out-of-state offense.
(e) Any person in violation of this Section who is also in
violation of Section 7-601 of this Code relating to mandatory
insurance requirements, in addition to other penalties imposed
under this Section, shall have his or her motor vehicle
immediately impounded by the arresting law enforcement
officer. The motor vehicle may be released to any licensed
driver upon a showing of proof of insurance for the vehicle
that was impounded and the notarized written consent for the
release by the vehicle owner.
(f) For any prosecution under this Section, a certified
copy of the driving abstract of the defendant shall be admitted
as proof of any prior conviction.
(g) The motor vehicle used in a violation of this Section
is subject to seizure and forfeiture as provided in Sections
36-1 and 36-2 of the Criminal Code of 2012 if the person's
driving privilege was revoked or suspended as a result of:
(1) a violation of Section 11-501 of this Code, a
similar provision of a local ordinance, or a similar
provision of a law of another state;
(2) a violation of paragraph (b) of Section 11-401 of
this Code, a similar provision of a local ordinance, or a
similar provision of a law of another state;
(3) a statutory summary suspension or revocation under
Section 11-501.1 of this Code or a similar provision of a

10000HB0184ham001 - 40 - LRB100 03302 RLC 30130 a
law of another state; or
(4) a violation of Section 9-3 of the Criminal Code of
1961 or the Criminal Code of 2012 relating to the offense
of reckless homicide, or a violation of subparagraph (F) of
paragraph (1) of subsection (d) of Section 11-501 of this
Code, relating to the offense of aggravated driving under
the influence of alcohol, other drug or drugs, or
intoxicating compound or compounds, or any combination
thereof when the violation was a proximate cause of a
death, or a similar provision of a law of another state.
(Source: P.A. 99-290, eff. 1-1-16; 100-149, eff. 1-1-18.)
Section 15. The Cannabis Control Act is amended by changing
Section 10 as follows:
(720 ILCS 550/10) (from Ch. 56 1/2, par. 710)
(Text of Section before amendment by P.A. 100-3)
Sec. 10. (a) Whenever any person who has not previously
been convicted of, or placed on probation or court supervision
for, any offense under this Act or any law of the United States
or of any State relating to cannabis, or controlled substances
as defined in the Illinois Controlled Substances Act, pleads
guilty to or is found guilty of violating Sections 4(a), 4(b),
4(c), 5(a), 5(b), 5(c) or 8 of this Act, the court may, without
entering a judgment and with the consent of such person,
sentence him to probation.

10000HB0184ham001 - 41 - LRB100 03302 RLC 30130 a
(b) When a person is placed on probation, the court shall
enter an order specifying a period of probation of 24 months,
and shall defer further proceedings in the case until the
conclusion of the period or until the filing of a petition
alleging violation of a term or condition of probation.
(c) The conditions of probation shall be that the person:
(1) not violate any criminal statute of any jurisdiction; (2)
refrain from possession of a firearm or other dangerous weapon;
(3) submit to periodic drug testing at a time and in a manner
as ordered by the court, but no less than 3 times during the
period of the probation, with the cost of the testing to be
paid by the probationer; and (4) perform no less than 30 hours
of community service, provided community service is available
in the jurisdiction and is funded and approved by the county
board. The court may give credit toward the fulfillment of
community service hours for participation in activities and
treatment as determined by court services.
(d) The court may, in addition to other conditions, require
that the person:
(1) make a report to and appear in person before or
participate with the court or such courts, person, or
social service agency as directed by the court in the order
of probation;
(2) pay a fine and costs;
(3) work or pursue a course of study or vocational
training;

10000HB0184ham001 - 42 - LRB100 03302 RLC 30130 a
(4) undergo medical or psychiatric treatment; or
treatment for drug addiction or alcoholism;
(5) attend or reside in a facility established for the
instruction or residence of defendants on probation;
(6) support his dependents;
(7) refrain from possessing a firearm or other
dangerous weapon;
(7-5) refrain from having in his or her body the
presence of any illicit drug prohibited by the Cannabis
Control Act, the Illinois Controlled Substances Act, or the
Methamphetamine Control and Community Protection Act,
unless prescribed by a physician, and submit samples of his
or her blood or urine or both for tests to determine the
presence of any illicit drug;
(8) and in addition, if a minor:
(i) reside with his parents or in a foster home;
(ii) attend school;
(iii) attend a non-residential program for youth;
(iv) contribute to his own support at home or in a
foster home.
(e) Upon violation of a term or condition of probation, the
court may enter a judgment on its original finding of guilt and
proceed as otherwise provided.
(f) Upon fulfillment of the terms and conditions of
probation, the court shall discharge such person and dismiss
the proceedings against him.

10000HB0184ham001 - 43 - LRB100 03302 RLC 30130 a
(g) A disposition of probation is considered to be a
conviction for the purposes of imposing the conditions of
probation and for appeal, however, discharge and dismissal
under this Section is not a conviction for purposes of
disqualification or disabilities imposed by law upon
conviction of a crime (including the additional penalty imposed
for subsequent offenses under Section 4(c), 4(d), 5(c) or 5(d)
of this Act).
(h) Discharge and dismissal under this Section, Section 410
of the Illinois Controlled Substances Act, Section 70 of the
Methamphetamine Control and Community Protection Act, Section
5-6-3.3 or 5-6-3.4 of the Unified Code of Corrections, or
subsection (c) of Section 11-14 of the Criminal Code of 1961 or
the Criminal Code of 2012 may occur only once with respect to
any person.
(i) If a person is convicted of an offense under this Act,
the Illinois Controlled Substances Act, or the Methamphetamine
Control and Community Protection Act within 5 years subsequent
to a discharge and dismissal under this Section, the discharge
and dismissal under this Section shall be admissible in the
sentencing proceeding for that conviction as a factor in
aggravation.
(j) Notwithstanding subsection (a), before a person is
sentenced to probation under this Section, the court may refer
the person to the drug court established in that judicial
circuit pursuant to Section 15 of the Drug Court Treatment Act.

10000HB0184ham001 - 44 - LRB100 03302 RLC 30130 a
The drug court team shall evaluate the person's likelihood of
successfully completing a sentence of probation under this
Section and shall report the results of its evaluation to the
court. If the drug court team finds that the person suffers
from a substance abuse problem that makes him or her
substantially unlikely to successfully complete a sentence of
probation under this Section, then the drug court shall set
forth its findings in the form of a written order, and the
person shall not be sentenced to probation under this Section,
but may be considered for the drug court program.
(Source: P.A. 98-164, eff. 1-1-14; 99-480, eff. 9-9-15.)
(Text of Section after amendment by P.A. 100-3)
Sec. 10. (a) Whenever any person who has not previously
been convicted of any felony offense under this Act or any law
of the United States or of any State relating to cannabis, or
controlled substances as defined in the Illinois Controlled
Substances Act, pleads guilty to or is found guilty of
violating Sections 4(a), 4(b), 4(c), 5(a), 5(b), 5(c) or 8 of
this Act, the court may, without entering a judgment and with
the consent of such person, sentence him to probation.
(b) When a person is placed on probation, the court shall
enter an order specifying a period of probation of 24 months,
and shall defer further proceedings in the case until the
conclusion of the period or until the filing of a petition
alleging violation of a term or condition of probation.

10000HB0184ham001 - 45 - LRB100 03302 RLC 30130 a
(c) The conditions of probation shall be that the person:
(1) not violate any criminal statute of any jurisdiction; (2)
refrain from possession of a firearm or other dangerous weapon;
(3) submit to periodic drug testing at a time and in a manner
as ordered by the court, but no less than 3 times during the
period of the probation, with the cost of the testing to be
paid by the probationer; and (4) perform no less than 30 hours
of community service, provided community service is available
in the jurisdiction and is funded and approved by the county
board. The court may give credit toward the fulfillment of
community service hours for participation in activities and
treatment as determined by court services.
(d) The court may, in addition to other conditions, require
that the person:
(1) make a report to and appear in person before or
participate with the court or such courts, person, or
social service agency as directed by the court in the order
of probation;
(2) pay a fine and costs;
(3) work or pursue a course of study or vocational
training;
(4) undergo medical or psychiatric treatment; or
treatment for drug addiction or alcoholism;
(5) attend or reside in a facility established for the
instruction or residence of defendants on probation;
(6) support his dependents;

10000HB0184ham001 - 46 - LRB100 03302 RLC 30130 a
(7) refrain from possessing a firearm or other
dangerous weapon;
(7-5) refrain from having in his or her body the
presence of any illicit drug prohibited by the Cannabis
Control Act, the Illinois Controlled Substances Act, or the
Methamphetamine Control and Community Protection Act,
unless prescribed by a physician, and submit samples of his
or her blood or urine or both for tests to determine the
presence of any illicit drug;
(8) and in addition, if a minor:
(i) reside with his parents or in a foster home;
(ii) attend school;
(iii) attend a non-residential program for youth;
(iv) contribute to his own support at home or in a
foster home.
(e) Upon violation of a term or condition of probation, the
court may enter a judgment on its original finding of guilt and
proceed as otherwise provided.
(f) Upon fulfillment of the terms and conditions of
probation, the court shall discharge such person and dismiss
the proceedings against him.
(g) A disposition of probation is considered to be a
conviction for the purposes of imposing the conditions of
probation and for appeal, however, discharge and dismissal
under this Section is not a conviction for purposes of
disqualification or disabilities imposed by law upon

10000HB0184ham001 - 47 - LRB100 03302 RLC 30130 a
conviction of a crime (including the additional penalty imposed
for subsequent offenses under Section 4(c), 4(d), 5(c) or 5(d)
of this Act).
(h) A person may not have more than one discharge and
dismissal under this Section within a 4-year period.
(i) If a person is convicted of an offense under this Act,
the Illinois Controlled Substances Act, or the Methamphetamine
Control and Community Protection Act within 5 years subsequent
to a discharge and dismissal under this Section, the discharge
and dismissal under this Section shall be admissible in the
sentencing proceeding for that conviction as a factor in
aggravation.
(j) Notwithstanding subsection (a), before a person is
sentenced to probation under this Section, the court may refer
the person to the drug court established in that judicial
circuit pursuant to Section 15 of the Drug Court Treatment Act.
The drug court team shall evaluate the person's likelihood of
successfully completing a sentence of probation under this
Section and shall report the results of its evaluation to the
court. If the drug court team finds that the person suffers
from a substance abuse problem that makes him or her
substantially unlikely to successfully complete a sentence of
probation under this Section, then the drug court shall set
forth its findings in the form of a written order, and the
person shall not be sentenced to probation under this Section,
but shall be considered for the drug court program.

10000HB0184ham001 - 48 - LRB100 03302 RLC 30130 a
(Source: P.A. 99-480, eff. 9-9-15; 100-3, eff. 1-1-18.)
Section 20. The Illinois Controlled Substances Act is
amended by changing Section 410 as follows:
(720 ILCS 570/410) (from Ch. 56 1/2, par. 1410)
(Text of Section before amendment by P.A. 100-3)
Sec. 410. (a) Whenever any person who has not previously
been convicted of, or placed on probation or court supervision
for any offense under this Act or any law of the United States
or of any State relating to cannabis or controlled substances,
pleads guilty to or is found guilty of possession of a
controlled or counterfeit substance under subsection (c) of
Section 402 or of unauthorized possession of prescription form
under Section 406.2, the court, without entering a judgment and
with the consent of such person, may sentence him or her to
probation.
(b) When a person is placed on probation, the court shall
enter an order specifying a period of probation of 24 months
and shall defer further proceedings in the case until the
conclusion of the period or until the filing of a petition
alleging violation of a term or condition of probation.
(c) The conditions of probation shall be that the person:
(1) not violate any criminal statute of any jurisdiction; (2)
refrain from possessing a firearm or other dangerous weapon;
(3) submit to periodic drug testing at a time and in a manner

10000HB0184ham001 - 49 - LRB100 03302 RLC 30130 a
as ordered by the court, but no less than 3 times during the
period of the probation, with the cost of the testing to be
paid by the probationer; and (4) perform no less than 30 hours
of community service, provided community service is available
in the jurisdiction and is funded and approved by the county
board. The court may give credit toward the fulfillment of
community service hours for participation in activities and
treatment as determined by court services.
(d) The court may, in addition to other conditions, require
that the person:
(1) make a report to and appear in person before or
participate with the court or such courts, person, or
social service agency as directed by the court in the order
of probation;
(2) pay a fine and costs;
(3) work or pursue a course of study or vocational
training;
(4) undergo medical or psychiatric treatment; or
treatment or rehabilitation approved by the Illinois
Department of Human Services;
(5) attend or reside in a facility established for the
instruction or residence of defendants on probation;
(6) support his or her dependents;
(6-5) refrain from having in his or her body the
presence of any illicit drug prohibited by the Cannabis
Control Act, the Illinois Controlled Substances Act, or the

10000HB0184ham001 - 50 - LRB100 03302 RLC 30130 a
Methamphetamine Control and Community Protection Act,
unless prescribed by a physician, and submit samples of his
or her blood or urine or both for tests to determine the
presence of any illicit drug;
(7) and in addition, if a minor:
(i) reside with his or her parents or in a foster
home;
(ii) attend school;
(iii) attend a non-residential program for youth;
(iv) contribute to his or her own support at home
or in a foster home.
(e) Upon violation of a term or condition of probation, the
court may enter a judgment on its original finding of guilt and
proceed as otherwise provided.
(f) Upon fulfillment of the terms and conditions of
probation, the court shall discharge the person and dismiss the
proceedings against him or her.
(g) A disposition of probation is considered to be a
conviction for the purposes of imposing the conditions of
probation and for appeal, however, discharge and dismissal
under this Section is not a conviction for purposes of this Act
or for purposes of disqualifications or disabilities imposed by
law upon conviction of a crime.
(h) There may be only one discharge and dismissal under
this Section, Section 10 of the Cannabis Control Act, Section
70 of the Methamphetamine Control and Community Protection Act,

10000HB0184ham001 - 51 - LRB100 03302 RLC 30130 a
Section 5-6-3.3 or 5-6-3.4 of the Unified Code of Corrections,
or subsection (c) of Section 11-14 of the Criminal Code of 1961
or the Criminal Code of 2012 with respect to any person.
(i) If a person is convicted of an offense under this Act,
the Cannabis Control Act, or the Methamphetamine Control and
Community Protection Act within 5 years subsequent to a
discharge and dismissal under this Section, the discharge and
dismissal under this Section shall be admissible in the
sentencing proceeding for that conviction as evidence in
aggravation.
(j) Notwithstanding subsection (a), before a person is
sentenced to probation under this Section, the court may refer
the person to the drug court established in that judicial
circuit pursuant to Section 15 of the Drug Court Treatment Act.
The drug court team shall evaluate the person's likelihood of
successfully completing a sentence of probation under this
Section and shall report the results of its evaluation to the
court. If the drug court team finds that the person suffers
from a substance abuse problem that makes him or her
substantially unlikely to successfully complete a sentence of
probation under this Section, then the drug court shall set
forth its findings in the form of a written order, and the
person shall not be sentenced to probation under this Section,
but may be considered for the drug court program.
(Source: P.A. 98-164, eff. 1-1-14; 99-480, eff. 9-9-15.)

10000HB0184ham001 - 52 - LRB100 03302 RLC 30130 a
(Text of Section after amendment by P.A. 100-3)
Sec. 410. (a) Whenever any person who has not previously
been convicted of any felony offense under this Act or any law
of the United States or of any State relating to cannabis or
controlled substances, pleads guilty to or is found guilty of
possession of a controlled or counterfeit substance under
subsection (c) of Section 402 or of unauthorized possession of
prescription form under Section 406.2, the court, without
entering a judgment and with the consent of such person, may
sentence him or her to probation.
(b) When a person is placed on probation, the court shall
enter an order specifying a period of probation of 24 months
and shall defer further proceedings in the case until the
conclusion of the period or until the filing of a petition
alleging violation of a term or condition of probation.
(c) The conditions of probation shall be that the person:
(1) not violate any criminal statute of any jurisdiction; (2)
refrain from possessing a firearm or other dangerous weapon;
(3) submit to periodic drug testing at a time and in a manner
as ordered by the court, but no less than 3 times during the
period of the probation, with the cost of the testing to be
paid by the probationer; and (4) perform no less than 30 hours
of community service, provided community service is available
in the jurisdiction and is funded and approved by the county
board. The court may give credit toward the fulfillment of
community service hours for participation in activities and

10000HB0184ham001 - 53 - LRB100 03302 RLC 30130 a
treatment as determined by court services.
(d) The court may, in addition to other conditions, require
that the person:
(1) make a report to and appear in person before or
participate with the court or such courts, person, or
social service agency as directed by the court in the order
of probation;
(2) pay a fine and costs;
(3) work or pursue a course of study or vocational
training;
(4) undergo medical or psychiatric treatment; or
treatment or rehabilitation approved by the Illinois
Department of Human Services;
(5) attend or reside in a facility established for the
instruction or residence of defendants on probation;
(6) support his or her dependents;
(6-5) refrain from having in his or her body the
presence of any illicit drug prohibited by the Cannabis
Control Act, the Illinois Controlled Substances Act, or the
Methamphetamine Control and Community Protection Act,
unless prescribed by a physician, and submit samples of his
or her blood or urine or both for tests to determine the
presence of any illicit drug;
(7) and in addition, if a minor:
(i) reside with his or her parents or in a foster
home;

10000HB0184ham001 - 54 - LRB100 03302 RLC 30130 a
(ii) attend school;
(iii) attend a non-residential program for youth;
(iv) contribute to his or her own support at home
or in a foster home.
(e) Upon violation of a term or condition of probation, the
court may enter a judgment on its original finding of guilt and
proceed as otherwise provided.
(f) Upon fulfillment of the terms and conditions of
probation, the court shall discharge the person and dismiss the
proceedings against him or her.
(g) A disposition of probation is considered to be a
conviction for the purposes of imposing the conditions of
probation and for appeal, however, discharge and dismissal
under this Section is not a conviction for purposes of this Act
or for purposes of disqualifications or disabilities imposed by
law upon conviction of a crime.
(h) A person may not have more than one discharge and
dismissal under this Section within a 4-year period.
(i) If a person is convicted of an offense under this Act,
the Cannabis Control Act, or the Methamphetamine Control and
Community Protection Act within 5 years subsequent to a
discharge and dismissal under this Section, the discharge and
dismissal under this Section shall be admissible in the
sentencing proceeding for that conviction as evidence in
aggravation.
(j) Notwithstanding subsection (a), before a person is

10000HB0184ham001 - 55 - LRB100 03302 RLC 30130 a
sentenced to probation under this Section, the court may refer
the person to the drug court established in that judicial
circuit pursuant to Section 15 of the Drug Court Treatment Act.
The drug court team shall evaluate the person's likelihood of
successfully completing a sentence of probation under this
Section and shall report the results of its evaluation to the
court. If the drug court team finds that the person suffers
from a substance abuse problem that makes him or her
substantially unlikely to successfully complete a sentence of
probation under this Section, then the drug court shall set
forth its findings in the form of a written order, and the
person shall not be sentenced to probation under this Section,
but shall be considered for the drug court program.
(Source: P.A. 99-480, eff. 9-9-15; 100-3, eff. 1-1-18.)
Section 25. The Methamphetamine Control and Community
Protection Act is amended by changing Section 70 as follows:
(720 ILCS 646/70)
(Text of Section before amendment by P.A. 100-3)
Sec. 70. Probation.
(a) Whenever any person who has not previously been
convicted of, or placed on probation or court supervision for
any offense under this Act, the Illinois Controlled Substances
Act, the Cannabis Control Act, or any law of the United States
or of any state relating to cannabis or controlled substances,

10000HB0184ham001 - 56 - LRB100 03302 RLC 30130 a
pleads guilty to or is found guilty of possession of less than
15 grams of methamphetamine under paragraph (1) or (2) of
subsection (b) of Section 60 of this Act, the court, without
entering a judgment and with the consent of the person, may
sentence him or her to probation.
(b) When a person is placed on probation, the court shall
enter an order specifying a period of probation of 24 months
and shall defer further proceedings in the case until the
conclusion of the period or until the filing of a petition
alleging violation of a term or condition of probation.
(c) The conditions of probation shall be that the person:
(1) not violate any criminal statute of any
jurisdiction;
(2) refrain from possessing a firearm or other
dangerous weapon;
(3) submit to periodic drug testing at a time and in a
manner as ordered by the court, but no less than 3 times
during the period of the probation, with the cost of the
testing to be paid by the probationer; and
(4) perform no less than 30 hours of community service,
if community service is available in the jurisdiction and
is funded and approved by the county board. The court may
give credit toward the fulfillment of community service
hours for participation in activities and treatment as
determined by court services.
(d) The court may, in addition to other conditions, require

10000HB0184ham001 - 57 - LRB100 03302 RLC 30130 a
that the person take one or more of the following actions:
(1) make a report to and appear in person before or
participate with the court or such courts, person, or
social service agency as directed by the court in the order
of probation;
(2) pay a fine and costs;
(3) work or pursue a course of study or vocational
training;
(4) undergo medical or psychiatric treatment; or
treatment or rehabilitation approved by the Illinois
Department of Human Services;
(5) attend or reside in a facility established for the
instruction or residence of defendants on probation;
(6) support his or her dependents;
(7) refrain from having in his or her body the presence
of any illicit drug prohibited by this Act, the Cannabis
Control Act, or the Illinois Controlled Substances Act,
unless prescribed by a physician, and submit samples of his
or her blood or urine or both for tests to determine the
presence of any illicit drug; or
(8) if a minor:
(i) reside with his or her parents or in a foster
home;
(ii) attend school;
(iii) attend a non-residential program for youth;
or

10000HB0184ham001 - 58 - LRB100 03302 RLC 30130 a
(iv) contribute to his or her own support at home
or in a foster home.
(e) Upon violation of a term or condition of probation, the
court may enter a judgment on its original finding of guilt and
proceed as otherwise provided.
(f) Upon fulfillment of the terms and conditions of
probation, the court shall discharge the person and dismiss the
proceedings against the person.
(g) A disposition of probation is considered to be a
conviction for the purposes of imposing the conditions of
probation and for appeal, however, discharge and dismissal
under this Section is not a conviction for purposes of this Act
or for purposes of disqualifications or disabilities imposed by
law upon conviction of a crime.
(h) There may be only one discharge and dismissal under
this Section, Section 410 of the Illinois Controlled Substances
Act, Section 10 of the Cannabis Control Act, Section 5-6-3.3 or
5-6-3.4 of the Unified Code of Corrections, or subsection (c)
of Section 11-14 of the Criminal Code of 1961 or the Criminal
Code of 2012 with respect to any person.
(i) If a person is convicted of an offense under this Act,
the Cannabis Control Act, or the Illinois Controlled Substances
Act within 5 years subsequent to a discharge and dismissal
under this Section, the discharge and dismissal under this
Section are admissible in the sentencing proceeding for that
conviction as evidence in aggravation.

10000HB0184ham001 - 59 - LRB100 03302 RLC 30130 a
(j) Notwithstanding subsection (a), before a person is
sentenced to probation under this Section, the court may refer
the person to the drug court established in that judicial
circuit pursuant to Section 15 of the Drug Court Treatment Act.
The drug court team shall evaluate the person's likelihood of
successfully completing a sentence of probation under this
Section and shall report the results of its evaluation to the
court. If the drug court team finds that the person suffers
from a substance abuse problem that makes him or her
substantially unlikely to successfully complete a sentence of
probation under this Section, then the drug court shall set
forth its findings in the form of a written order, and the
person shall not be sentenced to probation under this Section,
but may be considered for the drug court program.
(Source: P.A. 98-164, eff. 1-1-14; 99-480, eff. 9-9-15.)
(Text of Section after amendment by P.A. 100-3)
Sec. 70. Probation.
(a) Whenever any person who has not previously been
convicted of any felony offense under this Act, the Illinois
Controlled Substances Act, the Cannabis Control Act, or any law
of the United States or of any state relating to cannabis or
controlled substances, pleads guilty to or is found guilty of
possession of less than 15 grams of methamphetamine under
paragraph (1) or (2) of subsection (b) of Section 60 of this
Act, the court, without entering a judgment and with the

10000HB0184ham001 - 60 - LRB100 03302 RLC 30130 a
consent of the person, may sentence him or her to probation.
(b) When a person is placed on probation, the court shall
enter an order specifying a period of probation of 24 months
and shall defer further proceedings in the case until the
conclusion of the period or until the filing of a petition
alleging violation of a term or condition of probation.
(c) The conditions of probation shall be that the person:
(1) not violate any criminal statute of any
jurisdiction;
(2) refrain from possessing a firearm or other
dangerous weapon;
(3) submit to periodic drug testing at a time and in a
manner as ordered by the court, but no less than 3 times
during the period of the probation, with the cost of the
testing to be paid by the probationer; and
(4) perform no less than 30 hours of community service,
if community service is available in the jurisdiction and
is funded and approved by the county board. The court may
give credit toward the fulfillment of community service
hours for participation in activities and treatment as
determined by court services.
(d) The court may, in addition to other conditions, require
that the person take one or more of the following actions:
(1) make a report to and appear in person before or
participate with the court or such courts, person, or
social service agency as directed by the court in the order

10000HB0184ham001 - 61 - LRB100 03302 RLC 30130 a
of probation;
(2) pay a fine and costs;
(3) work or pursue a course of study or vocational
training;
(4) undergo medical or psychiatric treatment; or
treatment or rehabilitation approved by the Illinois
Department of Human Services;
(5) attend or reside in a facility established for the
instruction or residence of defendants on probation;
(6) support his or her dependents;
(7) refrain from having in his or her body the presence
of any illicit drug prohibited by this Act, the Cannabis
Control Act, or the Illinois Controlled Substances Act,
unless prescribed by a physician, and submit samples of his
or her blood or urine or both for tests to determine the
presence of any illicit drug; or
(8) if a minor:
(i) reside with his or her parents or in a foster
home;
(ii) attend school;
(iii) attend a non-residential program for youth;
or
(iv) contribute to his or her own support at home
or in a foster home.
(e) Upon violation of a term or condition of probation, the
court may enter a judgment on its original finding of guilt and

10000HB0184ham001 - 62 - LRB100 03302 RLC 30130 a
proceed as otherwise provided.
(f) Upon fulfillment of the terms and conditions of
probation, the court shall discharge the person and dismiss the
proceedings against the person.
(g) A disposition of probation is considered to be a
conviction for the purposes of imposing the conditions of
probation and for appeal, however, discharge and dismissal
under this Section is not a conviction for purposes of this Act
or for purposes of disqualifications or disabilities imposed by
law upon conviction of a crime.
(h) A person may not have more than one discharge and
dismissal under this Section within a 4-year period.
(i) If a person is convicted of an offense under this Act,
the Cannabis Control Act, or the Illinois Controlled Substances
Act within 5 years subsequent to a discharge and dismissal
under this Section, the discharge and dismissal under this
Section are admissible in the sentencing proceeding for that
conviction as evidence in aggravation.
(j) Notwithstanding subsection (a), before a person is
sentenced to probation under this Section, the court may refer
the person to the drug court established in that judicial
circuit pursuant to Section 15 of the Drug Court Treatment Act.
The drug court team shall evaluate the person's likelihood of
successfully completing a sentence of probation under this
Section and shall report the results of its evaluation to the
court. If the drug court team finds that the person suffers

10000HB0184ham001 - 63 - LRB100 03302 RLC 30130 a
from a substance abuse problem that makes him or her
substantially unlikely to successfully complete a sentence of
probation under this Section, then the drug court shall set
forth its findings in the form of a written order, and the
person shall not be sentenced to probation under this Section,
but shall be considered for the drug court program.
(Source: P.A. 99-480, eff. 9-9-15; 100-3, eff. 1-1-18.)
Section 30. The Unified Code of Corrections is amended by
changing Sections 3-6-3, 3-14-2, 5-5-3, 5-6-3, 5-6-3.3,
5-6-3.4, and 5-8A-3 and by adding Section 5-8A-4.2 as follows:
(730 ILCS 5/3-6-3) (from Ch. 38, par. 1003-6-3)
(Text of Section from P.A. 99-642)
Sec. 3-6-3. Rules and regulations for sentence credit.
(a)(1) The Department of Corrections shall prescribe rules
and regulations for awarding and revoking sentence credit for
persons committed to the Department which shall be subject to
review by the Prisoner Review Board.
(1.5) As otherwise provided by law, sentence credit may be
awarded for the following:
(A) successful completion of programming while in
custody of the Department or while in custody prior to
sentencing;
(B) compliance with the rules and regulations of the
Department; or

10000HB0184ham001 - 64 - LRB100 03302 RLC 30130 a
(C) service to the institution, service to a community,
or service to the State.
(2) The rules and regulations on sentence credit shall
provide, with respect to offenses listed in clause (i), (ii),
or (iii) of this paragraph (2) committed on or after June 19,
1998 or with respect to the offense listed in clause (iv) of
this paragraph (2) committed on or after June 23, 2005 (the
effective date of Public Act 94-71) or with respect to offense
listed in clause (vi) committed on or after June 1, 2008 (the
effective date of Public Act 95-625) or with respect to the
offense of being an armed habitual criminal committed on or
after August 2, 2005 (the effective date of Public Act 94-398)
or with respect to the offenses listed in clause (v) of this
paragraph (2) committed on or after August 13, 2007 (the
effective date of Public Act 95-134) or with respect to the
offense of aggravated domestic battery committed on or after
July 23, 2010 (the effective date of Public Act 96-1224) or
with respect to the offense of attempt to commit terrorism
committed on or after January 1, 2013 (the effective date of
Public Act 97-990), the following:
(i) that a prisoner who is serving a term of
imprisonment for first degree murder or for the offense of
terrorism shall receive no sentence credit and shall serve
the entire sentence imposed by the court;
(ii) that a prisoner serving a sentence for attempt to
commit terrorism, attempt to commit first degree murder,

10000HB0184ham001 - 65 - LRB100 03302 RLC 30130 a
solicitation of murder, solicitation of murder for hire,
intentional homicide of an unborn child, predatory
criminal sexual assault of a child, aggravated criminal
sexual assault, criminal sexual assault, aggravated
kidnapping, aggravated battery with a firearm as described
in Section 12-4.2 or subdivision (e)(1), (e)(2), (e)(3), or
(e)(4) of Section 12-3.05, heinous battery as described in
Section 12-4.1 or subdivision (a)(2) of Section 12-3.05,
being an armed habitual criminal, aggravated battery of a
senior citizen as described in Section 12-4.6 or
subdivision (a)(4) of Section 12-3.05, or aggravated
battery of a child as described in Section 12-4.3 or
subdivision (b)(1) of Section 12-3.05 shall receive no more
than 4.5 days of sentence credit for each month of his or
her sentence of imprisonment;
(iii) that a prisoner serving a sentence for home
invasion, armed robbery, aggravated vehicular hijacking,
aggravated discharge of a firearm, or armed violence with a
category I weapon or category II weapon, when the court has
made and entered a finding, pursuant to subsection (c-1) of
Section 5-4-1 of this Code, that the conduct leading to
conviction for the enumerated offense resulted in great
bodily harm to a victim, shall receive no more than 4.5
days of sentence credit for each month of his or her
sentence of imprisonment;
(iv) that a prisoner serving a sentence for aggravated

10000HB0184ham001 - 66 - LRB100 03302 RLC 30130 a
discharge of a firearm, whether or not the conduct leading
to conviction for the offense resulted in great bodily harm
to the victim, shall receive no more than 4.5 days of
sentence credit for each month of his or her sentence of
imprisonment;
(v) that a person serving a sentence for gunrunning,
narcotics racketeering, controlled substance trafficking,
methamphetamine trafficking, drug-induced homicide,
aggravated methamphetamine-related child endangerment,
money laundering pursuant to clause (c) (4) or (5) of
Section 29B-1 of the Criminal Code of 1961 or the Criminal
Code of 2012, or a Class X felony conviction for delivery
of a controlled substance, possession of a controlled
substance with intent to manufacture or deliver,
calculated criminal drug conspiracy, criminal drug
conspiracy, street gang criminal drug conspiracy,
participation in methamphetamine manufacturing, aggravated
participation in methamphetamine manufacturing, delivery
of methamphetamine, possession with intent to deliver
methamphetamine, aggravated delivery of methamphetamine,
aggravated possession with intent to deliver
methamphetamine, methamphetamine conspiracy when the
substance containing the controlled substance or
methamphetamine is 100 grams or more shall receive no more
than 7.5 days sentence credit for each month of his or her
sentence of imprisonment;

10000HB0184ham001 - 67 - LRB100 03302 RLC 30130 a
(vi) that a prisoner serving a sentence for a second or
subsequent offense of luring a minor shall receive no more
than 4.5 days of sentence credit for each month of his or
her sentence of imprisonment; and
(vii) that a prisoner serving a sentence for aggravated
domestic battery shall receive no more than 4.5 days of
sentence credit for each month of his or her sentence of
imprisonment.
(2.1) For all offenses, other than those enumerated in
subdivision (a)(2)(i), (ii), or (iii) committed on or after
June 19, 1998 or subdivision (a)(2)(iv) committed on or after
June 23, 2005 (the effective date of Public Act 94-71) or
subdivision (a)(2)(v) committed on or after August 13, 2007
(the effective date of Public Act 95-134) or subdivision
(a)(2)(vi) committed on or after June 1, 2008 (the effective
date of Public Act 95-625) or subdivision (a)(2)(vii) committed
on or after July 23, 2010 (the effective date of Public Act
96-1224), and other than the offense of aggravated driving
under the influence of alcohol, other drug or drugs, or
intoxicating compound or compounds, or any combination thereof
as defined in subparagraph (F) of paragraph (1) of subsection
(d) of Section 11-501 of the Illinois Vehicle Code, and other
than the offense of aggravated driving under the influence of
alcohol, other drug or drugs, or intoxicating compound or
compounds, or any combination thereof as defined in
subparagraph (C) of paragraph (1) of subsection (d) of Section

10000HB0184ham001 - 68 - LRB100 03302 RLC 30130 a
11-501 of the Illinois Vehicle Code committed on or after
January 1, 2011 (the effective date of Public Act 96-1230), the
rules and regulations shall provide that a prisoner who is
serving a term of imprisonment shall receive one day of
sentence credit for each day of his or her sentence of
imprisonment or recommitment under Section 3-3-9. Each day of
sentence credit shall reduce by one day the prisoner's period
of imprisonment or recommitment under Section 3-3-9.
(2.2) A prisoner serving a term of natural life
imprisonment or a prisoner who has been sentenced to death
shall receive no sentence credit.
(2.3) The rules and regulations on sentence credit shall
provide that a prisoner who is serving a sentence for
aggravated driving under the influence of alcohol, other drug
or drugs, or intoxicating compound or compounds, or any
combination thereof as defined in subparagraph (F) of paragraph
(1) of subsection (d) of Section 11-501 of the Illinois Vehicle
Code, shall receive no more than 4.5 days of sentence credit
for each month of his or her sentence of imprisonment.
(2.4) The rules and regulations on sentence credit shall
provide with respect to the offenses of aggravated battery with
a machine gun or a firearm equipped with any device or
attachment designed or used for silencing the report of a
firearm or aggravated discharge of a machine gun or a firearm
equipped with any device or attachment designed or used for
silencing the report of a firearm, committed on or after July

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15, 1999 (the effective date of Public Act 91-121), that a
prisoner serving a sentence for any of these offenses shall
receive no more than 4.5 days of sentence credit for each month
of his or her sentence of imprisonment.
(2.5) The rules and regulations on sentence credit shall
provide that a prisoner who is serving a sentence for
aggravated arson committed on or after July 27, 2001 (the
effective date of Public Act 92-176) shall receive no more than
4.5 days of sentence credit for each month of his or her
sentence of imprisonment.
(2.6) The rules and regulations on sentence credit shall
provide that a prisoner who is serving a sentence for
aggravated driving under the influence of alcohol, other drug
or drugs, or intoxicating compound or compounds or any
combination thereof as defined in subparagraph (C) of paragraph
(1) of subsection (d) of Section 11-501 of the Illinois Vehicle
Code committed on or after January 1, 2011 (the effective date
of Public Act 96-1230) shall receive no more than 4.5 days of
sentence credit for each month of his or her sentence of
imprisonment.
(3) The rules and regulations shall also provide that the
Director may award up to 180 days additional sentence credit
for good conduct in specific instances as the Director deems
proper. The good conduct may include, but is not limited to,
compliance with the rules and regulations of the Department,
service to the Department, service to a community, or service

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to the State. However, the Director shall not award more than
90 days of sentence credit for good conduct to any prisoner who
is serving a sentence for conviction of first degree murder,
reckless homicide while under the influence of alcohol or any
other drug, or aggravated driving under the influence of
alcohol, other drug or drugs, or intoxicating compound or
compounds, or any combination thereof as defined in
subparagraph (F) of paragraph (1) of subsection (d) of Section
11-501 of the Illinois Vehicle Code, aggravated kidnapping,
kidnapping, predatory criminal sexual assault of a child,
aggravated criminal sexual assault, criminal sexual assault,
deviate sexual assault, aggravated criminal sexual abuse,
aggravated indecent liberties with a child, indecent liberties
with a child, child pornography, heinous battery as described
in Section 12-4.1 or subdivision (a)(2) of Section 12-3.05,
aggravated battery of a spouse, aggravated battery of a spouse
with a firearm, stalking, aggravated stalking, aggravated
battery of a child as described in Section 12-4.3 or
subdivision (b)(1) of Section 12-3.05, endangering the life or
health of a child, or cruelty to a child. Notwithstanding the
foregoing, sentence credit for good conduct shall not be
awarded on a sentence of imprisonment imposed for conviction
of: (i) one of the offenses enumerated in subdivision
(a)(2)(i), (ii), or (iii) when the offense is committed on or
after June 19, 1998 or subdivision (a)(2)(iv) when the offense
is committed on or after June 23, 2005 (the effective date of

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Public Act 94-71) or subdivision (a)(2)(v) when the offense is
committed on or after August 13, 2007 (the effective date of
Public Act 95-134) or subdivision (a)(2)(vi) when the offense
is committed on or after June 1, 2008 (the effective date of
Public Act 95-625) or subdivision (a)(2)(vii) when the offense
is committed on or after July 23, 2010 (the effective date of
Public Act 96-1224), (ii) aggravated driving under the
influence of alcohol, other drug or drugs, or intoxicating
compound or compounds, or any combination thereof as defined in
subparagraph (F) of paragraph (1) of subsection (d) of Section
11-501 of the Illinois Vehicle Code, (iii) one of the offenses
enumerated in subdivision (a)(2.4) when the offense is
committed on or after July 15, 1999 (the effective date of
Public Act 91-121), (iv) aggravated arson when the offense is
committed on or after July 27, 2001 (the effective date of
Public Act 92-176), (v) offenses that may subject the offender
to commitment under the Sexually Violent Persons Commitment
Act, or (vi) aggravated driving under the influence of alcohol,
other drug or drugs, or intoxicating compound or compounds or
any combination thereof as defined in subparagraph (C) of
paragraph (1) of subsection (d) of Section 11-501 of the
Illinois Vehicle Code committed on or after January 1, 2011
(the effective date of Public Act 96-1230).
Eligible inmates for an award of sentence credit under this
paragraph (3) may be selected to receive the credit at the
Director's or his or her designee's sole discretion.

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Consideration may be based on, but not limited to, any
available risk assessment analysis on the inmate, any history
of conviction for violent crimes as defined by the Rights of
Crime Victims and Witnesses Act, facts and circumstances of the
inmate's holding offense or offenses, and the potential for
rehabilitation.
The Director shall not award sentence credit under this
paragraph (3) to an inmate unless the inmate has served a
minimum of 60 days of the sentence; except nothing in this
paragraph shall be construed to permit the Director to extend
an inmate's sentence beyond that which was imposed by the
court. Prior to awarding credit under this paragraph (3), the
Director shall make a written determination that the inmate:
(A) is eligible for the sentence credit;
(B) has served a minimum of 60 days, or as close to 60
days as the sentence will allow; and
(C) has met the eligibility criteria established by
rule.
The Director shall determine the form and content of the
written determination required in this subsection.
(3.5) The Department shall provide annual written reports
to the Governor and the General Assembly on the award of
sentence credit for good conduct, with the first report due
January 1, 2014. The Department must publish both reports on
its website within 48 hours of transmitting the reports to the
Governor and the General Assembly. The reports must include:

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(A) the number of inmates awarded sentence credit for
good conduct;
(B) the average amount of sentence credit for good
conduct awarded;
(C) the holding offenses of inmates awarded sentence
credit for good conduct; and
(D) the number of sentence credit for good conduct
revocations.
(4) The rules and regulations shall also provide that the
sentence credit accumulated and retained under paragraph (2.1)
of subsection (a) of this Section by any inmate during specific
periods of time in which such inmate is engaged full-time in
substance abuse programs, correctional industry assignments,
educational programs, behavior modification programs, life
skills courses, or re-entry planning provided by the Department
under this paragraph (4) and satisfactorily completes the
assigned program as determined by the standards of the
Department, shall be multiplied by a factor of 1.25 for program
participation before August 11, 1993 and 1.50 for program
participation on or after that date. The rules and regulations
shall also provide that sentence credit, subject to the same
offense limits and multiplier provided in this paragraph, may
be provided to an inmate who was held in pre-trial detention
prior to his or her current commitment to the Department of
Corrections and successfully completed a full-time, 60-day or
longer substance abuse program, educational program, behavior

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modification program, life skills course, or re-entry planning
provided by the county department of corrections or county
jail. Calculation of this county program credit shall be done
at sentencing as provided in Section 5-4.5-100 of this Code and
shall be included in the sentencing order. However, no inmate
shall be eligible for the additional sentence credit under this
paragraph (4) or (4.1) of this subsection (a) while assigned to
a boot camp or electronic detention, or if convicted of an
offense enumerated in subdivision (a)(2)(i), (ii), or (iii) of
this Section that is committed on or after June 19, 1998 or
subdivision (a)(2)(iv) of this Section that is committed on or
after June 23, 2005 (the effective date of Public Act 94-71) or
subdivision (a)(2)(v) of this Section that is committed on or
after August 13, 2007 (the effective date of Public Act 95-134)
or subdivision (a)(2)(vi) when the offense is committed on or
after June 1, 2008 (the effective date of Public Act 95-625) or
subdivision (a)(2)(vii) when the offense is committed on or
after July 23, 2010 (the effective date of Public Act 96-1224),
or if convicted of aggravated driving under the influence of
alcohol, other drug or drugs, or intoxicating compound or
compounds or any combination thereof as defined in subparagraph
(F) of paragraph (1) of subsection (d) of Section 11-501 of the
Illinois Vehicle Code, or if convicted of aggravated driving
under the influence of alcohol, other drug or drugs, or
intoxicating compound or compounds or any combination thereof
as defined in subparagraph (C) of paragraph (1) of subsection

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(d) of Section 11-501 of the Illinois Vehicle Code committed on
or after January 1, 2011 (the effective date of Public Act
96-1230), or if convicted of an offense enumerated in paragraph
(a)(2.4) of this Section that is committed on or after July 15,
1999 (the effective date of Public Act 91-121), or first degree
murder, a Class X felony, criminal sexual assault, felony
criminal sexual abuse, aggravated criminal sexual abuse,
aggravated battery with a firearm as described in Section
12-4.2 or subdivision (e)(1), (e)(2), (e)(3), or (e)(4) of
Section 12-3.05, or any predecessor or successor offenses with
the same or substantially the same elements, or any inchoate
offenses relating to the foregoing offenses. No inmate shall be
eligible for the additional good conduct credit under this
paragraph (4) who (i) has previously received increased good
conduct credit under this paragraph (4) and has subsequently
been convicted of a felony, or (ii) has previously served more
than one prior sentence of imprisonment for a felony in an
adult correctional facility.
Educational, vocational, substance abuse, behavior
modification programs, life skills courses, re-entry planning,
and correctional industry programs under which sentence credit
may be increased under this paragraph (4) and paragraph (4.1)
of this subsection (a) shall be evaluated by the Department on
the basis of documented standards. The Department shall report
the results of these evaluations to the Governor and the
General Assembly by September 30th of each year. The reports

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shall include data relating to the recidivism rate among
program participants.
Availability of these programs shall be subject to the
limits of fiscal resources appropriated by the General Assembly
for these purposes. Eligible inmates who are denied immediate
admission shall be placed on a waiting list under criteria
established by the Department. The inability of any inmate to
become engaged in any such programs by reason of insufficient
program resources or for any other reason established under the
rules and regulations of the Department shall not be deemed a
cause of action under which the Department or any employee or
agent of the Department shall be liable for damages to the
inmate.
(4.1) The rules and regulations shall also provide that an
additional 90 days of sentence credit shall be awarded to any
prisoner who passes high school equivalency testing while the
prisoner is committed to the Department of Corrections. The
sentence credit awarded under this paragraph (4.1) shall be in
addition to, and shall not affect, the award of sentence credit
under any other paragraph of this Section, but shall also be
pursuant to the guidelines and restrictions set forth in
paragraph (4) of subsection (a) of this Section. The sentence
credit provided for in this paragraph shall be available only
to those prisoners who have not previously earned a high school
diploma or a high school equivalency certificate. If, after an
award of the high school equivalency testing sentence credit

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has been made, the Department determines that the prisoner was
not eligible, then the award shall be revoked. The Department
may also award 90 days of sentence credit to any committed
person who passed high school equivalency testing while he or
she was held in pre-trial detention prior to the current
commitment to the Department of Corrections.
(4.5) The rules and regulations on sentence credit shall
also provide that when the court's sentencing order recommends
a prisoner for substance abuse treatment and the crime was
committed on or after September 1, 2003 (the effective date of
Public Act 93-354), the prisoner shall receive no sentence
credit awarded under clause (3) of this subsection (a) unless
he or she participates in and completes a substance abuse
treatment program. The Director may waive the requirement to
participate in or complete a substance abuse treatment program
and award the sentence credit in specific instances if the
prisoner is not a good candidate for a substance abuse
treatment program for medical, programming, or operational
reasons. Availability of substance abuse treatment shall be
subject to the limits of fiscal resources appropriated by the
General Assembly for these purposes. If treatment is not
available and the requirement to participate and complete the
treatment has not been waived by the Director, the prisoner
shall be placed on a waiting list under criteria established by
the Department. The Director may allow a prisoner placed on a
waiting list to participate in and complete a substance abuse

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education class or attend substance abuse self-help meetings in
lieu of a substance abuse treatment program. A prisoner on a
waiting list who is not placed in a substance abuse program
prior to release may be eligible for a waiver and receive
sentence credit under clause (3) of this subsection (a) at the
discretion of the Director.
(4.6) The rules and regulations on sentence credit shall
also provide that a prisoner who has been convicted of a sex
offense as defined in Section 2 of the Sex Offender
Registration Act shall receive no sentence credit unless he or
she either has successfully completed or is participating in
sex offender treatment as defined by the Sex Offender
Management Board. However, prisoners who are waiting to receive
treatment, but who are unable to do so due solely to the lack
of resources on the part of the Department, may, at the
Director's sole discretion, be awarded sentence credit at a
rate as the Director shall determine.
(5) Whenever the Department is to release any inmate
earlier than it otherwise would because of a grant of sentence
credit for good conduct under paragraph (3) of subsection (a)
of this Section given at any time during the term, the
Department shall give reasonable notice of the impending
release not less than 14 days prior to the date of the release
to the State's Attorney of the county where the prosecution of
the inmate took place, and if applicable, the State's Attorney
of the county into which the inmate will be released. The

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Department must also make identification information and a
recent photo of the inmate being released accessible on the
Internet by means of a hyperlink labeled "Community
Notification of Inmate Early Release" on the Department's World
Wide Web homepage. The identification information shall
include the inmate's: name, any known alias, date of birth,
physical characteristics, commitment offense and county where
conviction was imposed. The identification information shall
be placed on the website within 3 days of the inmate's release
and the information may not be removed until either: completion
of the first year of mandatory supervised release or return of
the inmate to custody of the Department.
(b) Whenever a person is or has been committed under
several convictions, with separate sentences, the sentences
shall be construed under Section 5-8-4 in granting and
forfeiting of sentence credit.
(c) The Department shall prescribe rules and regulations
for revoking sentence credit, including revoking sentence
credit awarded for good conduct under paragraph (3) of
subsection (a) of this Section. The Department shall prescribe
rules and regulations for suspending or reducing the rate of
accumulation of sentence credit for specific rule violations,
during imprisonment. These rules and regulations shall provide
that no inmate may be penalized more than one year of sentence
credit for any one infraction.
When the Department seeks to revoke, suspend or reduce the

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rate of accumulation of any sentence credits for an alleged
infraction of its rules, it shall bring charges therefor
against the prisoner sought to be so deprived of sentence
credits before the Prisoner Review Board as provided in
subparagraph (a)(4) of Section 3-3-2 of this Code, if the
amount of credit at issue exceeds 30 days or when during any 12
month period, the cumulative amount of credit revoked exceeds
30 days except where the infraction is committed or discovered
within 60 days of scheduled release. In those cases, the
Department of Corrections may revoke up to 30 days of sentence
credit. The Board may subsequently approve the revocation of
additional sentence credit, if the Department seeks to revoke
sentence credit in excess of 30 days. However, the Board shall
not be empowered to review the Department's decision with
respect to the loss of 30 days of sentence credit within any
calendar year for any prisoner or to increase any penalty
beyond the length requested by the Department.
The Director of the Department of Corrections, in
appropriate cases, may restore up to 30 days of sentence
credits which have been revoked, suspended or reduced. Any
restoration of sentence credits in excess of 30 days shall be
subject to review by the Prisoner Review Board. However, the
Board may not restore sentence credit in excess of the amount
requested by the Director.
Nothing contained in this Section shall prohibit the
Prisoner Review Board from ordering, pursuant to Section

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3-3-9(a)(3)(i)(B), that a prisoner serve up to one year of the
sentence imposed by the court that was not served due to the
accumulation of sentence credit.
(d) If a lawsuit is filed by a prisoner in an Illinois or
federal court against the State, the Department of Corrections,
or the Prisoner Review Board, or against any of their officers
or employees, and the court makes a specific finding that a
pleading, motion, or other paper filed by the prisoner is
frivolous, the Department of Corrections shall conduct a
hearing to revoke up to 180 days of sentence credit by bringing
charges against the prisoner sought to be deprived of the
sentence credits before the Prisoner Review Board as provided
in subparagraph (a)(8) of Section 3-3-2 of this Code. If the
prisoner has not accumulated 180 days of sentence credit at the
time of the finding, then the Prisoner Review Board may revoke
all sentence credit accumulated by the prisoner.
For purposes of this subsection (d):
(1) "Frivolous" means that a pleading, motion, or other
filing which purports to be a legal document filed by a
prisoner in his or her lawsuit meets any or all of the
following criteria:
(A) it lacks an arguable basis either in law or in
fact;
(B) it is being presented for any improper purpose,
such as to harass or to cause unnecessary delay or
needless increase in the cost of litigation;

10000HB0184ham001 - 82 - LRB100 03302 RLC 30130 a
(C) the claims, defenses, and other legal
contentions therein are not warranted by existing law
or by a nonfrivolous argument for the extension,
modification, or reversal of existing law or the
establishment of new law;
(D) the allegations and other factual contentions
do not have evidentiary support or, if specifically so
identified, are not likely to have evidentiary support
after a reasonable opportunity for further
investigation or discovery; or
(E) the denials of factual contentions are not
warranted on the evidence, or if specifically so
identified, are not reasonably based on a lack of
information or belief.
(2) "Lawsuit" means a motion pursuant to Section 116-3
of the Code of Criminal Procedure of 1963, a habeas corpus
action under Article X of the Code of Civil Procedure or
under federal law (28 U.S.C. 2254), a petition for claim
under the Court of Claims Act, an action under the federal
Civil Rights Act (42 U.S.C. 1983), or a second or
subsequent petition for post-conviction relief under
Article 122 of the Code of Criminal Procedure of 1963
whether filed with or without leave of court or a second or
subsequent petition for relief from judgment under Section
2-1401 of the Code of Civil Procedure.
(e) Nothing in Public Act 90-592 or 90-593 affects the

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validity of Public Act 89-404.
(f) Whenever the Department is to release any inmate who
has been convicted of a violation of an order of protection
under Section 12-3.4 or 12-30 of the Criminal Code of 1961 or
the Criminal Code of 2012, earlier than it otherwise would
because of a grant of sentence credit, the Department, as a
condition of release, shall require that the person, upon
release, be placed under electronic surveillance as provided in
Section 5-8A-7 of this Code.
(Source: P.A. 99-241, eff. 1-1-16; 99-275, eff. 1-1-16; 99-642,
eff. 7-28-16; 100-3, eff. 1-1-18.)
(Text of Section from P.A. 99-938 and 100-3)
Sec. 3-6-3. Rules and regulations for sentence credit.
(a)(1) The Department of Corrections shall prescribe rules
and regulations for awarding and revoking sentence credit for
persons committed to the Department which shall be subject to
review by the Prisoner Review Board.
(1.5) As otherwise provided by law, sentence credit may be
awarded for the following:
(A) successful completion of programming while in
custody of the Department or while in custody prior to
sentencing;
(B) compliance with the rules and regulations of the
Department; or
(C) service to the institution, service to a community,

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or service to the State.
(2) Except as provided in paragraph (4.7) of this
subsection (a), the rules and regulations on sentence credit
shall provide, with respect to offenses listed in clause (i),
(ii), or (iii) of this paragraph (2) committed on or after June
19, 1998 or with respect to the offense listed in clause (iv)
of this paragraph (2) committed on or after June 23, 2005 (the
effective date of Public Act 94-71) or with respect to offense
listed in clause (vi) committed on or after June 1, 2008 (the
effective date of Public Act 95-625) or with respect to the
offense of being an armed habitual criminal committed on or
after August 2, 2005 (the effective date of Public Act 94-398)
or with respect to the offenses listed in clause (v) of this
paragraph (2) committed on or after August 13, 2007 (the
effective date of Public Act 95-134) or with respect to the
offense of aggravated domestic battery committed on or after
July 23, 2010 (the effective date of Public Act 96-1224) or
with respect to the offense of attempt to commit terrorism
committed on or after January 1, 2013 (the effective date of
Public Act 97-990), the following:
(i) that a prisoner who is serving a term of
imprisonment for first degree murder or for the offense of
terrorism shall receive no sentence credit and shall serve
the entire sentence imposed by the court;
(ii) that a prisoner serving a sentence for attempt to
commit terrorism, attempt to commit first degree murder,

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solicitation of murder, solicitation of murder for hire,
intentional homicide of an unborn child, predatory
criminal sexual assault of a child, aggravated criminal
sexual assault, criminal sexual assault, aggravated
kidnapping, aggravated battery with a firearm as described
in Section 12-4.2 or subdivision (e)(1), (e)(2), (e)(3), or
(e)(4) of Section 12-3.05, heinous battery as described in
Section 12-4.1 or subdivision (a)(2) of Section 12-3.05,
being an armed habitual criminal, aggravated battery of a
senior citizen as described in Section 12-4.6 or
subdivision (a)(4) of Section 12-3.05, or aggravated
battery of a child as described in Section 12-4.3 or
subdivision (b)(1) of Section 12-3.05 shall receive no more
than 4.5 days of sentence credit for each month of his or
her sentence of imprisonment;
(iii) that a prisoner serving a sentence for home
invasion, armed robbery, aggravated vehicular hijacking,
aggravated discharge of a firearm, or armed violence with a
category I weapon or category II weapon, when the court has
made and entered a finding, pursuant to subsection (c-1) of
Section 5-4-1 of this Code, that the conduct leading to
conviction for the enumerated offense resulted in great
bodily harm to a victim, shall receive no more than 4.5
days of sentence credit for each month of his or her
sentence of imprisonment;
(iv) that a prisoner serving a sentence for aggravated

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discharge of a firearm, whether or not the conduct leading
to conviction for the offense resulted in great bodily harm
to the victim, shall receive no more than 4.5 days of
sentence credit for each month of his or her sentence of
imprisonment;
(v) that a person serving a sentence for gunrunning,
narcotics racketeering, controlled substance trafficking,
methamphetamine trafficking, drug-induced homicide,
aggravated methamphetamine-related child endangerment,
money laundering pursuant to clause (c) (4) or (5) of
Section 29B-1 of the Criminal Code of 1961 or the Criminal
Code of 2012, or a Class X felony conviction for delivery
of a controlled substance, possession of a controlled
substance with intent to manufacture or deliver,
calculated criminal drug conspiracy, criminal drug
conspiracy, street gang criminal drug conspiracy,
participation in methamphetamine manufacturing, aggravated
participation in methamphetamine manufacturing, delivery
of methamphetamine, possession with intent to deliver
methamphetamine, aggravated delivery of methamphetamine,
aggravated possession with intent to deliver
methamphetamine, methamphetamine conspiracy when the
substance containing the controlled substance or
methamphetamine is 100 grams or more shall receive no more
than 7.5 days sentence credit for each month of his or her
sentence of imprisonment;

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(vi) that a prisoner serving a sentence for a second or
subsequent offense of luring a minor shall receive no more
than 4.5 days of sentence credit for each month of his or
her sentence of imprisonment; and
(vii) that a prisoner serving a sentence for aggravated
domestic battery shall receive no more than 4.5 days of
sentence credit for each month of his or her sentence of
imprisonment.
(2.1) For all offenses, other than those enumerated in
subdivision (a)(2)(i), (ii), or (iii) committed on or after
June 19, 1998 or subdivision (a)(2)(iv) committed on or after
June 23, 2005 (the effective date of Public Act 94-71) or
subdivision (a)(2)(v) committed on or after August 13, 2007
(the effective date of Public Act 95-134) or subdivision
(a)(2)(vi) committed on or after June 1, 2008 (the effective
date of Public Act 95-625) or subdivision (a)(2)(vii) committed
on or after July 23, 2010 (the effective date of Public Act
96-1224), and other than the offense of aggravated driving
under the influence of alcohol, other drug or drugs, or
intoxicating compound or compounds, or any combination thereof
as defined in subparagraph (F) of paragraph (1) of subsection
(d) of Section 11-501 of the Illinois Vehicle Code, and other
than the offense of aggravated driving under the influence of
alcohol, other drug or drugs, or intoxicating compound or
compounds, or any combination thereof as defined in
subparagraph (C) of paragraph (1) of subsection (d) of Section

10000HB0184ham001 - 88 - LRB100 03302 RLC 30130 a
11-501 of the Illinois Vehicle Code committed on or after
January 1, 2011 (the effective date of Public Act 96-1230), the
rules and regulations shall provide that a prisoner who is
serving a term of imprisonment shall receive one day of
sentence credit for each day of his or her sentence of
imprisonment or recommitment under Section 3-3-9. Each day of
sentence credit shall reduce by one day the prisoner's period
of imprisonment or recommitment under Section 3-3-9.
(2.2) A prisoner serving a term of natural life
imprisonment or a prisoner who has been sentenced to death
shall receive no sentence credit.
(2.3) Except as provided in paragraph (4.7) of this
subsection (a), the rules and regulations on sentence credit
shall provide that a prisoner who is serving a sentence for
aggravated driving under the influence of alcohol, other drug
or drugs, or intoxicating compound or compounds, or any
combination thereof as defined in subparagraph (F) of paragraph
(1) of subsection (d) of Section 11-501 of the Illinois Vehicle
Code, shall receive no more than 4.5 days of sentence credit
for each month of his or her sentence of imprisonment.
(2.4) Except as provided in paragraph (4.7) of this
subsection (a), the rules and regulations on sentence credit
shall provide with respect to the offenses of aggravated
battery with a machine gun or a firearm equipped with any
device or attachment designed or used for silencing the report
of a firearm or aggravated discharge of a machine gun or a

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firearm equipped with any device or attachment designed or used
for silencing the report of a firearm, committed on or after
July 15, 1999 (the effective date of Public Act 91-121), that a
prisoner serving a sentence for any of these offenses shall
receive no more than 4.5 days of sentence credit for each month
of his or her sentence of imprisonment.
(2.5) Except as provided in paragraph (4.7) of this
subsection (a), the rules and regulations on sentence credit
shall provide that a prisoner who is serving a sentence for
aggravated arson committed on or after July 27, 2001 (the
effective date of Public Act 92-176) shall receive no more than
4.5 days of sentence credit for each month of his or her
sentence of imprisonment.
(2.6) Except as provided in paragraph (4.7) of this
subsection (a), the rules and regulations on sentence credit
shall provide that a prisoner who is serving a sentence for
aggravated driving under the influence of alcohol, other drug
or drugs, or intoxicating compound or compounds or any
combination thereof as defined in subparagraph (C) of paragraph
(1) of subsection (d) of Section 11-501 of the Illinois Vehicle
Code committed on or after January 1, 2011 (the effective date
of Public Act 96-1230) shall receive no more than 4.5 days of
sentence credit for each month of his or her sentence of
imprisonment.
(3) Except as provided in paragraph (4.7) of this
subsection (a), the rules and regulations shall also provide

10000HB0184ham001 - 90 - LRB100 03302 RLC 30130 a
that the Director may award up to 180 days of earned sentence
credit for good conduct in specific instances as the Director
deems proper. The good conduct may include, but is not limited
to, compliance with the rules and regulations of the
Department, service to the Department, service to a community,
or service to the State.
Eligible inmates for an award of earned sentence credit
under this paragraph (3) may be selected to receive the credit
at the Director's or his or her designee's sole discretion.
Eligibility for the additional earned sentence credit under
this paragraph (3) shall be based on, but is not limited to,
the results of any available risk/needs assessment or other
relevant assessments or evaluations administered by the
Department using a validated instrument, the circumstances of
the crime, any history of conviction for a forcible felony
enumerated in Section 2-8 of the Criminal Code of 2012, the
inmate's behavior and disciplinary history while incarcerated,
and the inmate's commitment to rehabilitation, including
participation in programming offered by the Department.
The Director shall not award sentence credit under this
paragraph (3) to an inmate unless the inmate has served a
minimum of 60 days of the sentence; except nothing in this
paragraph shall be construed to permit the Director to extend
an inmate's sentence beyond that which was imposed by the
court. Prior to awarding credit under this paragraph (3), the
Director shall make a written determination that the inmate:

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(A) is eligible for the earned sentence credit;
(B) has served a minimum of 60 days, or as close to 60
days as the sentence will allow;
(B-1) has received a risk/needs assessment or other
relevant evaluation or assessment administered by the
Department using a validated instrument; and
(C) has met the eligibility criteria established under
paragraph (4) of this subsection (a) and by rule for earned
sentence credit.
The Director shall determine the form and content of the
written determination required in this subsection.
(3.5) The Department shall provide annual written reports
to the Governor and the General Assembly on the award of earned
sentence credit no later than February 1 of each year. The
Department must publish both reports on its website within 48
hours of transmitting the reports to the Governor and the
General Assembly. The reports must include:
(A) the number of inmates awarded earned sentence
credit;
(B) the average amount of earned sentence credit
awarded;
(C) the holding offenses of inmates awarded earned
sentence credit; and
(D) the number of earned sentence credit revocations.
(4) Except as provided in paragraph (4.7) of this
subsection (a), the rules and regulations shall also provide

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that in addition to the sentence credit accumulated and
retained under paragraphs paragraph (2.1) and (3) of subsection
(a) of this Section by any inmate during specific periods of
time in which such inmate is engaged full-time in substance
abuse programs, correctional industry assignments, educational
programs, behavior modification programs, life skills courses,
or re-entry planning provided by the Department under this
paragraph (4) and satisfactorily completes the assigned
program as determined by the standards of the Department, shall
be multiplied by a factor of 1.25 for program participation
before August 11, 1993 and 1.50 for program participation on or
after that date. The rules and regulations shall also provide
that sentence credit, subject to the same offense limits and
multiplier provided in this paragraph, may be provided to an
inmate who was held in pre-trial detention prior to his or her
current commitment to the Department of Corrections and
successfully completed a full-time, 60-day or longer substance
abuse program, educational program, behavior modification
program, life skills course, or re-entry planning provided by
the county department of corrections or county jail.
Calculation of this county program credit shall be done at
sentencing as provided in Section 5-4.5-100 of this Code and
shall be included in the sentencing order. However, no inmate
shall be eligible for the additional sentence credit under this
paragraph (4) or (4.1) of this subsection (a) while assigned to
a boot camp or electronic detention.

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Educational, vocational, substance abuse, behavior
modification programs, life skills courses, re-entry planning,
and correctional industry programs under which sentence credit
may be increased under this paragraph (4) and paragraph (4.1)
of this subsection (a) shall be evaluated by the Department on
the basis of documented standards. The Department shall report
the results of these evaluations to the Governor and the
General Assembly by September 30th of each year. The reports
shall include data relating to the recidivism rate among
program participants.
Availability of these programs shall be subject to the
limits of fiscal resources appropriated by the General Assembly
for these purposes. Eligible inmates who are denied immediate
admission shall be placed on a waiting list under criteria
established by the Department. The inability of any inmate to
become engaged in any such programs by reason of insufficient
program resources or for any other reason established under the
rules and regulations of the Department shall not be deemed a
cause of action under which the Department or any employee or
agent of the Department shall be liable for damages to the
inmate.
(4.1) Except as provided in paragraph (4.7) of this
subsection (a), the rules and regulations shall also provide
that an additional 90 days of sentence credit shall be awarded
to any prisoner who passes high school equivalency testing
while the prisoner is committed to the Department of

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Corrections. The sentence credit awarded under this paragraph
(4.1) shall be in addition to, and shall not affect, the award
of sentence credit under any other paragraph of this Section,
but shall also be pursuant to the guidelines and restrictions
set forth in paragraph (4) of subsection (a) of this Section.
The sentence credit provided for in this paragraph shall be
available only to those prisoners who have not previously
earned a high school diploma or a high school equivalency
certificate. If, after an award of the high school equivalency
testing sentence credit has been made, the Department
determines that the prisoner was not eligible, then the award
shall be revoked. The Department may also award 90 days of
sentence credit to any committed person who passed high school
equivalency testing while he or she was held in pre-trial
detention prior to the current commitment to the Department of
Corrections.
(4.5) The rules and regulations on sentence credit shall
also provide that when the court's sentencing order recommends
a prisoner for substance abuse treatment and the crime was
committed on or after September 1, 2003 (the effective date of
Public Act 93-354), the prisoner shall receive no sentence
credit awarded under clause (3) of this subsection (a) unless
he or she participates in and completes a substance abuse
treatment program. The Director may waive the requirement to
participate in or complete a substance abuse treatment program
in specific instances if the prisoner is not a good candidate

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for a substance abuse treatment program for medical,
programming, or operational reasons. Availability of substance
abuse treatment shall be subject to the limits of fiscal
resources appropriated by the General Assembly for these
purposes. If treatment is not available and the requirement to
participate and complete the treatment has not been waived by
the Director, the prisoner shall be placed on a waiting list
under criteria established by the Department. The Director may
allow a prisoner placed on a waiting list to participate in and
complete a substance abuse education class or attend substance
abuse self-help meetings in lieu of a substance abuse treatment
program. A prisoner on a waiting list who is not placed in a
substance abuse program prior to release may be eligible for a
waiver and receive sentence credit under clause (3) of this
subsection (a) at the discretion of the Director.
(4.6) The rules and regulations on sentence credit shall
also provide that a prisoner who has been convicted of a sex
offense as defined in Section 2 of the Sex Offender
Registration Act shall receive no sentence credit unless he or
she either has successfully completed or is participating in
sex offender treatment as defined by the Sex Offender
Management Board. However, prisoners who are waiting to receive
treatment, but who are unable to do so due solely to the lack
of resources on the part of the Department, may, at the
Director's sole discretion, be awarded sentence credit at a
rate as the Director shall determine.

10000HB0184ham001 - 96 - LRB100 03302 RLC 30130 a
(4.7) On or after the effective date of this amendatory Act
of the 100th General Assembly, sentence credit under paragraph
(3), (4), or (4.1) of this subsection (a) may be awarded to a
prisoner who is serving a sentence for an offense described in
paragraph (2), (2.3), (2.4), (2.5), or (2.6) for credit earned
on or after the effective date of this amendatory Act of the
100th General Assembly; provided, the award of the credits
under this paragraph (4.7) shall not reduce the sentence of the
prisoner to less than the following amounts:
(i) 85% of his or her sentence if the prisoner is
required to serve 85% of his or her sentence; or
(ii) 60% of his or her sentence if the prisoner is
required to serve 75% of his or her sentence, except if the
prisoner is serving a sentence for gunrunning his or her
sentence shall not be reduced to less than 75%.
This paragraph (4.7) shall not apply to a prisoner serving
a sentence for an offense described in subparagraph (i) of
paragraph (2) of this subsection (a).
(5) Whenever the Department is to release any inmate
earlier than it otherwise would because of a grant of earned
sentence credit under paragraph (3) of subsection (a) of this
Section given at any time during the term, the Department shall
give reasonable notice of the impending release not less than
14 days prior to the date of the release to the State's
Attorney of the county where the prosecution of the inmate took
place, and if applicable, the State's Attorney of the county

10000HB0184ham001 - 97 - LRB100 03302 RLC 30130 a
into which the inmate will be released. The Department must
also make identification information and a recent photo of the
inmate being released accessible on the Internet by means of a
hyperlink labeled "Community Notification of Inmate Early
Release" on the Department's World Wide Web homepage. The
identification information shall include the inmate's: name,
any known alias, date of birth, physical characteristics,
commitment offense and county where conviction was imposed. The
identification information shall be placed on the website
within 3 days of the inmate's release and the information may
not be removed until either: completion of the first year of
mandatory supervised release or return of the inmate to custody
of the Department.
(b) Whenever a person is or has been committed under
several convictions, with separate sentences, the sentences
shall be construed under Section 5-8-4 in granting and
forfeiting of sentence credit.
(c) The Department shall prescribe rules and regulations
for revoking sentence credit, including revoking sentence
credit awarded under paragraph (3) of subsection (a) of this
Section. The Department shall prescribe rules and regulations
for suspending or reducing the rate of accumulation of sentence
credit for specific rule violations, during imprisonment.
These rules and regulations shall provide that no inmate may be
penalized more than one year of sentence credit for any one
infraction.

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When the Department seeks to revoke, suspend or reduce the
rate of accumulation of any sentence credits for an alleged
infraction of its rules, it shall bring charges therefor
against the prisoner sought to be so deprived of sentence
credits before the Prisoner Review Board as provided in
subparagraph (a)(4) of Section 3-3-2 of this Code, if the
amount of credit at issue exceeds 30 days or when during any 12
month period, the cumulative amount of credit revoked exceeds
30 days except where the infraction is committed or discovered
within 60 days of scheduled release. In those cases, the
Department of Corrections may revoke up to 30 days of sentence
credit. The Board may subsequently approve the revocation of
additional sentence credit, if the Department seeks to revoke
sentence credit in excess of 30 days. However, the Board shall
not be empowered to review the Department's decision with
respect to the loss of 30 days of sentence credit within any
calendar year for any prisoner or to increase any penalty
beyond the length requested by the Department.
The Director of the Department of Corrections, in
appropriate cases, may restore up to 30 days of sentence
credits which have been revoked, suspended or reduced. Any
restoration of sentence credits in excess of 30 days shall be
subject to review by the Prisoner Review Board. However, the
Board may not restore sentence credit in excess of the amount
requested by the Director.
Nothing contained in this Section shall prohibit the

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Prisoner Review Board from ordering, pursuant to Section
3-3-9(a)(3)(i)(B), that a prisoner serve up to one year of the
sentence imposed by the court that was not served due to the
accumulation of sentence credit.
(d) If a lawsuit is filed by a prisoner in an Illinois or
federal court against the State, the Department of Corrections,
or the Prisoner Review Board, or against any of their officers
or employees, and the court makes a specific finding that a
pleading, motion, or other paper filed by the prisoner is
frivolous, the Department of Corrections shall conduct a
hearing to revoke up to 180 days of sentence credit by bringing
charges against the prisoner sought to be deprived of the
sentence credits before the Prisoner Review Board as provided
in subparagraph (a)(8) of Section 3-3-2 of this Code. If the
prisoner has not accumulated 180 days of sentence credit at the
time of the finding, then the Prisoner Review Board may revoke
all sentence credit accumulated by the prisoner.
For purposes of this subsection (d):
(1) "Frivolous" means that a pleading, motion, or other
filing which purports to be a legal document filed by a
prisoner in his or her lawsuit meets any or all of the
following criteria:
(A) it lacks an arguable basis either in law or in
fact;
(B) it is being presented for any improper purpose,
such as to harass or to cause unnecessary delay or

10000HB0184ham001 - 100 - LRB100 03302 RLC 30130 a
needless increase in the cost of litigation;
(C) the claims, defenses, and other legal
contentions therein are not warranted by existing law
or by a nonfrivolous argument for the extension,
modification, or reversal of existing law or the
establishment of new law;
(D) the allegations and other factual contentions
do not have evidentiary support or, if specifically so
identified, are not likely to have evidentiary support
after a reasonable opportunity for further
investigation or discovery; or
(E) the denials of factual contentions are not
warranted on the evidence, or if specifically so
identified, are not reasonably based on a lack of
information or belief.
(2) "Lawsuit" means a motion pursuant to Section 116-3
of the Code of Criminal Procedure of 1963, a habeas corpus
action under Article X of the Code of Civil Procedure or
under federal law (28 U.S.C. 2254), a petition for claim
under the Court of Claims Act, an action under the federal
Civil Rights Act (42 U.S.C. 1983), or a second or
subsequent petition for post-conviction relief under
Article 122 of the Code of Criminal Procedure of 1963
whether filed with or without leave of court or a second or
subsequent petition for relief from judgment under Section
2-1401 of the Code of Civil Procedure.

10000HB0184ham001 - 101 - LRB100 03302 RLC 30130 a
(e) Nothing in Public Act 90-592 or 90-593 affects the
validity of Public Act 89-404.
(f) Whenever the Department is to release any inmate who
has been convicted of a violation of an order of protection
under Section 12-3.4 or 12-30 of the Criminal Code of 1961 or
the Criminal Code of 2012, earlier than it otherwise would
because of a grant of sentence credit, the Department, as a
condition of release, shall require that the person, upon
release, be placed under electronic surveillance as provided in
Section 5-8A-7 of this Code.
(Source: P.A. 99-241, eff. 1-1-16; 99-275, eff. 1-1-16; 99-642,
eff. 7-28-16; 99-938, eff. 1-1-18; 100-3, eff. 1-1-18.)
(730 ILCS 5/3-14-2) (from Ch. 38, par. 1003-14-2)
Sec. 3-14-2. Supervision on Parole, Mandatory Supervised
Release and Release by Statute.
(a) The Department shall retain custody of all persons
placed on parole or mandatory supervised release or released
pursuant to Section 3-3-10 of this Code and shall supervise
such persons during their parole or release period in accord
with the conditions set by the Prisoner Review Board. Such
conditions shall include referral to an alcohol or drug abuse
treatment program, as appropriate, if such person has
previously been identified as having an alcohol or drug abuse
problem. Such conditions may include that the person use an
approved electronic monitoring device subject to Article 8A of

10000HB0184ham001 - 102 - LRB100 03302 RLC 30130 a
Chapter V.
(b) The Department shall assign personnel to assist persons
eligible for parole in preparing a parole plan. Such Department
personnel shall make a report of their efforts and findings to
the Prisoner Review Board prior to its consideration of the
case of such eligible person.
(c) A copy of the conditions of his parole or release shall
be signed by the parolee or releasee and given to him and to
his supervising officer who shall report on his progress under
the rules and regulations of the Prisoner Review Board. The
supervising officer shall report violations to the Prisoner
Review Board and shall have the full power of peace officers in
the arrest and retaking of any parolees or releasees or the
officer may request the Department to issue a warrant for the
arrest of any parolee or releasee who has allegedly violated
his parole or release conditions.
(c-1) The supervising officer shall request the Department
to issue a parole violation warrant, and the Department shall
issue a parole violation warrant, under the following
circumstances:
(1) if the parolee or releasee commits an act that
constitutes a felony using a firearm or knife,
(2) if applicable, fails to comply with the
requirements of the Sex Offender Registration Act,
(3) if the parolee or releasee is charged with:
(A) a felony offense of domestic battery under

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Section 12-3.2 of the Criminal Code of 1961 or the
Criminal Code of 2012,
(B) aggravated domestic battery under Section
12-3.3 of the Criminal Code of 1961 or the Criminal
Code of 2012,
(C) stalking under Section 12-7.3 of the Criminal
Code of 1961 or the Criminal Code of 2012,
(D) aggravated stalking under Section 12-7.4 of
the Criminal Code of 1961 or the Criminal Code of 2012,
(E) violation of an order of protection under
Section 12-3.4 or 12-30 of the Criminal Code of 1961 or
the Criminal Code of 2012, or
(F) any offense that would require registration as
a sex offender under the Sex Offender Registration Act,
or
(4) if the parolee or releasee is on parole or
mandatory supervised release for a murder, a Class X felony
or a Class 1 felony violation of the Criminal Code of 1961
or the Criminal Code of 2012, or any felony that requires
registration as a sex offender under the Sex Offender
Registration Act and commits an act that constitutes first
degree murder, a Class X felony, a Class 1 felony, a Class
2 felony, or a Class 3 felony.
A sheriff or other peace officer may detain an alleged
parole or release violator until a warrant for his return to
the Department can be issued. The parolee or releasee may be

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delivered to any secure place until he can be transported to
the Department. The officer or the Department shall file a
violation report with notice of charges with the Prisoner
Review Board.
(d) Except for parolees and releasees on parole or
mandatory supervised release for first degree murder, a Class X
felony, or a Class 1 felony violation of the Criminal Code of
1961 or the Criminal Code of 2012, or any felony that requires
registration as a sex offender under the Sex Offender
Registration Act, parolees or releasees determined by the
Department to be low risk to recidivate based on a validated
risk assessment prior to release shall be subject to low level
supervision and required to check in with the supervising
officer via phone or other electronic means and shall not be
subject to additional conditions imposed by the Prisoner Review
Board except those otherwise required in statute.
(d-5) Parolees or releasees determined by the Department
prior to release to be moderate or high risk to recidivate
based on a validated risk assessment shall be subject to high
level supervision. The Department shall define high level
supervision based upon evidence-based and research-based
practices. The supervising officer shall regularly advise and
consult with the parolee or releasee, assist him in adjusting
to community life, inform him of the restoration of his rights
on successful completion of sentence under Section 5-5-5. If
the parolee or releasee has been convicted of a sex offense as

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defined in the Sex Offender Management Board Act, the
supervising officer shall periodically, but not less than once
a month, verify that the parolee or releasee is in compliance
with paragraph (7.6) of subsection (a) of Section 3-3-7.
(e) Supervising officers shall receive specialized
training in the special needs of female releasees or parolees
including the family reunification process.
(f) The supervising officer shall keep such records as the
Prisoner Review Board or Department may require. All records
shall be entered in the master file of the individual.
(Source: P.A. 96-282, eff. 1-1-10; 96-1447, eff. 8-20-10;
97-389, eff. 8-15-11; 97-1150, eff. 1-25-13.)
(730 ILCS 5/5-5-3) (from Ch. 38, par. 1005-5-3)
(Text of Section before amendment by P.A. 99-938)
Sec. 5-5-3. Disposition.
(a) (Blank).
(b) (Blank).
(c) (1) (Blank).
(2) A period of probation, a term of periodic imprisonment
or conditional discharge shall not be imposed for the following
offenses. The court shall sentence the offender to not less
than the minimum term of imprisonment set forth in this Code
for the following offenses, and may order a fine or restitution
or both in conjunction with such term of imprisonment:

10000HB0184ham001 - 106 - LRB100 03302 RLC 30130 a
(A) First degree murder where the death penalty is not
imposed.
(B) Attempted first degree murder.
(C) A Class X felony.
(D) A violation of Section 401.1 or 407 of the Illinois
Controlled Substances Act, or a violation of subdivision
(c)(1.5) or (c)(2) of Section 401 of that Act which relates
to more than 5 grams of a substance containing cocaine,
fentanyl, or an analog thereof.
(D-5) A violation of subdivision (c)(1) of Section 401
of the Illinois Controlled Substances Act which relates to
3 or more grams of a substance containing heroin or an
analog thereof.
(E) A violation of Section 5.1 or 9 of the Cannabis
Control Act.
(F) A Class 2 or greater felony if the offender had
been convicted of a Class 2 or greater felony, including
any state or federal conviction for an offense that
contained, at the time it was committed, the same elements
as an offense now (the date of the offense committed after
the prior Class 2 or greater felony) classified as a Class
2 or greater felony, within 10 years of the date on which
the offender committed the offense for which he or she is
being sentenced, except as otherwise provided in Section
40-10 of the Alcoholism and Other Drug Abuse and Dependency
Act.

10000HB0184ham001 - 107 - LRB100 03302 RLC 30130 a
(F-5) A violation of Section 24-1, 24-1.1, or 24-1.6 of
the Criminal Code of 1961 or the Criminal Code of 2012 for
which imprisonment is prescribed in those Sections.
(G) Residential burglary, except as otherwise provided
in Section 40-10 of the Alcoholism and Other Drug Abuse and
Dependency Act.
(H) Criminal sexual assault.
(I) Aggravated battery of a senior citizen as described
in Section 12-4.6 or subdivision (a)(4) of Section 12-3.05
of the Criminal Code of 1961 or the Criminal Code of 2012.
(J) A forcible felony if the offense was related to the
activities of an organized gang.
Before July 1, 1994, for the purposes of this
paragraph, "organized gang" means an association of 5 or
more persons, with an established hierarchy, that
encourages members of the association to perpetrate crimes
or provides support to the members of the association who
do commit crimes.
Beginning July 1, 1994, for the purposes of this
paragraph, "organized gang" has the meaning ascribed to it
in Section 10 of the Illinois Streetgang Terrorism Omnibus
Prevention Act.
(K) Vehicular hijacking.
(L) A second or subsequent conviction for the offense
of hate crime when the underlying offense upon which the
hate crime is based is felony aggravated assault or felony

10000HB0184ham001 - 108 - LRB100 03302 RLC 30130 a
mob action.
(M) A second or subsequent conviction for the offense
of institutional vandalism if the damage to the property
exceeds $300.
(N) A Class 3 felony violation of paragraph (1) of
subsection (a) of Section 2 of the Firearm Owners
Identification Card Act.
(O) A violation of Section 12-6.1 or 12-6.5 of the
Criminal Code of 1961 or the Criminal Code of 2012.
(P) A violation of paragraph (1), (2), (3), (4), (5),
or (7) of subsection (a) of Section 11-20.1 of the Criminal
Code of 1961 or the Criminal Code of 2012.
(Q) A violation of subsection (b) or (b-5) of Section
20-1, Section 20-1.2, or Section 20-1.3 of the Criminal
Code of 1961 or the Criminal Code of 2012.
(R) A violation of Section 24-3A of the Criminal Code
of 1961 or the Criminal Code of 2012.
(S) (Blank).
(T) A second or subsequent violation of the
Methamphetamine Control and Community Protection Act.
(U) A second or subsequent violation of Section 6-303
of the Illinois Vehicle Code committed while his or her
driver's license, permit, or privilege was revoked because
of a violation of Section 9-3 of the Criminal Code of 1961
or the Criminal Code of 2012, relating to the offense of
reckless homicide, or a similar provision of a law of

10000HB0184ham001 - 109 - LRB100 03302 RLC 30130 a
another state.
(V) A violation of paragraph (4) of subsection (c) of
Section 11-20.1B or paragraph (4) of subsection (c) of
Section 11-20.3 of the Criminal Code of 1961, or paragraph
(6) of subsection (a) of Section 11-20.1 of the Criminal
Code of 2012 when the victim is under 13 years of age and
the defendant has previously been convicted under the laws
of this State or any other state of the offense of child
pornography, aggravated child pornography, aggravated
criminal sexual abuse, aggravated criminal sexual assault,
predatory criminal sexual assault of a child, or any of the
offenses formerly known as rape, deviate sexual assault,
indecent liberties with a child, or aggravated indecent
liberties with a child where the victim was under the age
of 18 years or an offense that is substantially equivalent
to those offenses.
(W) A violation of Section 24-3.5 of the Criminal Code
of 1961 or the Criminal Code of 2012.
(X) A violation of subsection (a) of Section 31-1a of
the Criminal Code of 1961 or the Criminal Code of 2012.
(Y) A conviction for unlawful possession of a firearm
by a street gang member when the firearm was loaded or
contained firearm ammunition.
(Z) A Class 1 felony committed while he or she was
serving a term of probation or conditional discharge for a
felony.

10000HB0184ham001 - 110 - LRB100 03302 RLC 30130 a
(AA) Theft of property exceeding $500,000 and not
exceeding $1,000,000 in value.
(BB) Laundering of criminally derived property of a
value exceeding $500,000.
(CC) Knowingly selling, offering for sale, holding for
sale, or using 2,000 or more counterfeit items or
counterfeit items having a retail value in the aggregate of
$500,000 or more.
(DD) A conviction for aggravated assault under
paragraph (6) of subsection (c) of Section 12-2 of the
Criminal Code of 1961 or the Criminal Code of 2012 if the
firearm is aimed toward the person against whom the firearm
is being used.
(EE) A conviction for a violation of paragraph (2) of
subsection (a) of Section 24-3B of the Criminal Code of
2012.
(3) (Blank).
(4) A minimum term of imprisonment of not less than 10
consecutive days or 30 days of community service shall be
imposed for a violation of paragraph (c) of Section 6-303 of
the Illinois Vehicle Code.
(4.1) (Blank).
(4.2) Except as provided in paragraphs (4.3) and (4.8) of
this subsection (c), a minimum of 100 hours of community
service shall be imposed for a second violation of Section
6-303 of the Illinois Vehicle Code.

10000HB0184ham001 - 111 - LRB100 03302 RLC 30130 a
(4.3) A minimum term of imprisonment of 30 days or 300
hours of community service, as determined by the court, shall
be imposed for a second violation of subsection (c) of Section
6-303 of the Illinois Vehicle Code.
(4.4) Except as provided in paragraphs (4.5), (4.6), and
(4.9) of this subsection (c), a minimum term of imprisonment of
30 days or 300 hours of community service, as determined by the
court, shall be imposed for a third or subsequent violation of
Section 6-303 of the Illinois Vehicle Code. The court may give
credit toward the fulfillment of community service hours for
participation in activities and treatment as determined by
court services.
(4.5) A minimum term of imprisonment of 30 days shall be
imposed for a third violation of subsection (c) of Section
6-303 of the Illinois Vehicle Code.
(4.6) Except as provided in paragraph (4.10) of this
subsection (c), a minimum term of imprisonment of 180 days
shall be imposed for a fourth or subsequent violation of
subsection (c) of Section 6-303 of the Illinois Vehicle Code.
(4.7) A minimum term of imprisonment of not less than 30
consecutive days, or 300 hours of community service, shall be
imposed for a violation of subsection (a-5) of Section 6-303 of
the Illinois Vehicle Code, as provided in subsection (b-5) of
that Section.
(4.8) A mandatory prison sentence shall be imposed for a
second violation of subsection (a-5) of Section 6-303 of the

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Illinois Vehicle Code, as provided in subsection (c-5) of that
Section. The person's driving privileges shall be revoked for a
period of not less than 5 years from the date of his or her
release from prison.
(4.9) A mandatory prison sentence of not less than 4 and
not more than 15 years shall be imposed for a third violation
of subsection (a-5) of Section 6-303 of the Illinois Vehicle
Code, as provided in subsection (d-2.5) of that Section. The
person's driving privileges shall be revoked for the remainder
of his or her life.
(4.10) A mandatory prison sentence for a Class 1 felony
shall be imposed, and the person shall be eligible for an
extended term sentence, for a fourth or subsequent violation of
subsection (a-5) of Section 6-303 of the Illinois Vehicle Code,
as provided in subsection (d-3.5) of that Section. The person's
driving privileges shall be revoked for the remainder of his or
her life.
(5) The court may sentence a corporation or unincorporated
association convicted of any offense to:
(A) a period of conditional discharge;
(B) a fine;
(C) make restitution to the victim under Section 5-5-6
of this Code.
(5.1) In addition to any other penalties imposed, and
except as provided in paragraph (5.2) or (5.3), a person
convicted of violating subsection (c) of Section 11-907 of the

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Illinois Vehicle Code shall have his or her driver's license,
permit, or privileges suspended for at least 90 days but not
more than one year, if the violation resulted in damage to the
property of another person.
(5.2) In addition to any other penalties imposed, and
except as provided in paragraph (5.3), a person convicted of
violating subsection (c) of Section 11-907 of the Illinois
Vehicle Code shall have his or her driver's license, permit, or
privileges suspended for at least 180 days but not more than 2
years, if the violation resulted in injury to another person.
(5.3) In addition to any other penalties imposed, a person
convicted of violating subsection (c) of Section 11-907 of the
Illinois Vehicle Code shall have his or her driver's license,
permit, or privileges suspended for 2 years, if the violation
resulted in the death of another person.
(5.4) In addition to any other penalties imposed, a person
convicted of violating Section 3-707 of the Illinois Vehicle
Code shall have his or her driver's license, permit, or
privileges suspended for 3 months and until he or she has paid
a reinstatement fee of $100.
(5.5) In addition to any other penalties imposed, a person
convicted of violating Section 3-707 of the Illinois Vehicle
Code during a period in which his or her driver's license,
permit, or privileges were suspended for a previous violation
of that Section shall have his or her driver's license, permit,
or privileges suspended for an additional 6 months after the

10000HB0184ham001 - 114 - LRB100 03302 RLC 30130 a
expiration of the original 3-month suspension and until he or
she has paid a reinstatement fee of $100.
(6) (Blank).
(7) (Blank).
(8) (Blank).
(9) A defendant convicted of a second or subsequent offense
of ritualized abuse of a child may be sentenced to a term of
natural life imprisonment.
(10) (Blank).
(11) The court shall impose a minimum fine of $1,000 for a
first offense and $2,000 for a second or subsequent offense
upon a person convicted of or placed on supervision for battery
when the individual harmed was a sports official or coach at
any level of competition and the act causing harm to the sports
official or coach occurred within an athletic facility or
within the immediate vicinity of the athletic facility at which
the sports official or coach was an active participant of the
athletic contest held at the athletic facility. For the
purposes of this paragraph (11), "sports official" means a
person at an athletic contest who enforces the rules of the
contest, such as an umpire or referee; "athletic facility"
means an indoor or outdoor playing field or recreational area
where sports activities are conducted; and "coach" means a
person recognized as a coach by the sanctioning authority that
conducted the sporting event.
(12) A person may not receive a disposition of court

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supervision for a violation of Section 5-16 of the Boat
Registration and Safety Act if that person has previously
received a disposition of court supervision for a violation of
that Section.
(13) A person convicted of or placed on court supervision
for an assault or aggravated assault when the victim and the
offender are family or household members as defined in Section
103 of the Illinois Domestic Violence Act of 1986 or convicted
of domestic battery or aggravated domestic battery may be
required to attend a Partner Abuse Intervention Program under
protocols set forth by the Illinois Department of Human
Services under such terms and conditions imposed by the court.
The costs of such classes shall be paid by the offender.
(d) In any case in which a sentence originally imposed is
vacated, the case shall be remanded to the trial court. The
trial court shall hold a hearing under Section 5-4-1 of the
Unified Code of Corrections which may include evidence of the
defendant's life, moral character and occupation during the
time since the original sentence was passed. The trial court
shall then impose sentence upon the defendant. The trial court
may impose any sentence which could have been imposed at the
original trial subject to Section 5-5-4 of the Unified Code of
Corrections. If a sentence is vacated on appeal or on
collateral attack due to the failure of the trier of fact at
trial to determine beyond a reasonable doubt the existence of a
fact (other than a prior conviction) necessary to increase the

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punishment for the offense beyond the statutory maximum
otherwise applicable, either the defendant may be re-sentenced
to a term within the range otherwise provided or, if the State
files notice of its intention to again seek the extended
sentence, the defendant shall be afforded a new trial.
(e) In cases where prosecution for aggravated criminal
sexual abuse under Section 11-1.60 or 12-16 of the Criminal
Code of 1961 or the Criminal Code of 2012 results in conviction
of a defendant who was a family member of the victim at the
time of the commission of the offense, the court shall consider
the safety and welfare of the victim and may impose a sentence
of probation only where:
(1) the court finds (A) or (B) or both are appropriate:
(A) the defendant is willing to undergo a court
approved counseling program for a minimum duration of 2
years; or
(B) the defendant is willing to participate in a
court approved plan including but not limited to the
defendant's:
(i) removal from the household;
(ii) restricted contact with the victim;
(iii) continued financial support of the
family;
(iv) restitution for harm done to the victim;
and
(v) compliance with any other measures that

10000HB0184ham001 - 117 - LRB100 03302 RLC 30130 a
the court may deem appropriate; and
(2) the court orders the defendant to pay for the
victim's counseling services, to the extent that the court
finds, after considering the defendant's income and
assets, that the defendant is financially capable of paying
for such services, if the victim was under 18 years of age
at the time the offense was committed and requires
counseling as a result of the offense.
Probation may be revoked or modified pursuant to Section
5-6-4; except where the court determines at the hearing that
the defendant violated a condition of his or her probation
restricting contact with the victim or other family members or
commits another offense with the victim or other family
members, the court shall revoke the defendant's probation and
impose a term of imprisonment.
For the purposes of this Section, "family member" and
"victim" shall have the meanings ascribed to them in Section
11-0.1 of the Criminal Code of 2012.
(f) (Blank).
(g) Whenever a defendant is convicted of an offense under
Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-14,
11-14.3, 11-14.4 except for an offense that involves keeping a
place of juvenile prostitution, 11-15, 11-15.1, 11-16, 11-17,
11-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 12-13, 12-14,
12-14.1, 12-15 or 12-16 of the Criminal Code of 1961 or the
Criminal Code of 2012, the defendant shall undergo medical

10000HB0184ham001 - 118 - LRB100 03302 RLC 30130 a
testing to determine whether the defendant has any sexually
transmissible disease, including a test for infection with
human immunodeficiency virus (HIV) or any other identified
causative agent of acquired immunodeficiency syndrome (AIDS).
Any such medical test shall be performed only by appropriately
licensed medical practitioners and may include an analysis of
any bodily fluids as well as an examination of the defendant's
person. Except as otherwise provided by law, the results of
such test shall be kept strictly confidential by all medical
personnel involved in the testing and must be personally
delivered in a sealed envelope to the judge of the court in
which the conviction was entered for the judge's inspection in
camera. Acting in accordance with the best interests of the
victim and the public, the judge shall have the discretion to
determine to whom, if anyone, the results of the testing may be
revealed. The court shall notify the defendant of the test
results. The court shall also notify the victim if requested by
the victim, and if the victim is under the age of 15 and if
requested by the victim's parents or legal guardian, the court
shall notify the victim's parents or legal guardian of the test
results. The court shall provide information on the
availability of HIV testing and counseling at Department of
Public Health facilities to all parties to whom the results of
the testing are revealed and shall direct the State's Attorney
to provide the information to the victim when possible. A
State's Attorney may petition the court to obtain the results

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of any HIV test administered under this Section, and the court
shall grant the disclosure if the State's Attorney shows it is
relevant in order to prosecute a charge of criminal
transmission of HIV under Section 12-5.01 or 12-16.2 of the
Criminal Code of 1961 or the Criminal Code of 2012 against the
defendant. The court shall order that the cost of any such test
shall be paid by the county and may be taxed as costs against
the convicted defendant.
(g-5) When an inmate is tested for an airborne communicable
disease, as determined by the Illinois Department of Public
Health including but not limited to tuberculosis, the results
of the test shall be personally delivered by the warden or his
or her designee in a sealed envelope to the judge of the court
in which the inmate must appear for the judge's inspection in
camera if requested by the judge. Acting in accordance with the
best interests of those in the courtroom, the judge shall have
the discretion to determine what if any precautions need to be
taken to prevent transmission of the disease in the courtroom.
(h) Whenever a defendant is convicted of an offense under
Section 1 or 2 of the Hypodermic Syringes and Needles Act, the
defendant shall undergo medical testing to determine whether
the defendant has been exposed to human immunodeficiency virus
(HIV) or any other identified causative agent of acquired
immunodeficiency syndrome (AIDS). Except as otherwise provided
by law, the results of such test shall be kept strictly
confidential by all medical personnel involved in the testing

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and must be personally delivered in a sealed envelope to the
judge of the court in which the conviction was entered for the
judge's inspection in camera. Acting in accordance with the
best interests of the public, the judge shall have the
discretion to determine to whom, if anyone, the results of the
testing may be revealed. The court shall notify the defendant
of a positive test showing an infection with the human
immunodeficiency virus (HIV). The court shall provide
information on the availability of HIV testing and counseling
at Department of Public Health facilities to all parties to
whom the results of the testing are revealed and shall direct
the State's Attorney to provide the information to the victim
when possible. A State's Attorney may petition the court to
obtain the results of any HIV test administered under this
Section, and the court shall grant the disclosure if the
State's Attorney shows it is relevant in order to prosecute a
charge of criminal transmission of HIV under Section 12-5.01 or
12-16.2 of the Criminal Code of 1961 or the Criminal Code of
2012 against the defendant. The court shall order that the cost
of any such test shall be paid by the county and may be taxed as
costs against the convicted defendant.
(i) All fines and penalties imposed under this Section for
any violation of Chapters 3, 4, 6, and 11 of the Illinois
Vehicle Code, or a similar provision of a local ordinance, and
any violation of the Child Passenger Protection Act, or a
similar provision of a local ordinance, shall be collected and

10000HB0184ham001 - 121 - LRB100 03302 RLC 30130 a
disbursed by the circuit clerk as provided under Section 27.5
of the Clerks of Courts Act.
(j) In cases when prosecution for any violation of Section
11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-8, 11-9,
11-11, 11-14, 11-14.3, 11-14.4, 11-15, 11-15.1, 11-16, 11-17,
11-17.1, 11-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 11-20.1,
11-20.1B, 11-20.3, 11-21, 11-30, 11-40, 12-13, 12-14, 12-14.1,
12-15, or 12-16 of the Criminal Code of 1961 or the Criminal
Code of 2012, any violation of the Illinois Controlled
Substances Act, any violation of the Cannabis Control Act, or
any violation of the Methamphetamine Control and Community
Protection Act results in conviction, a disposition of court
supervision, or an order of probation granted under Section 10
of the Cannabis Control Act, Section 410 of the Illinois
Controlled Substances Act, or Section 70 of the Methamphetamine
Control and Community Protection Act of a defendant, the court
shall determine whether the defendant is employed by a facility
or center as defined under the Child Care Act of 1969, a public
or private elementary or secondary school, or otherwise works
with children under 18 years of age on a daily basis. When a
defendant is so employed, the court shall order the Clerk of
the Court to send a copy of the judgment of conviction or order
of supervision or probation to the defendant's employer by
certified mail. If the employer of the defendant is a school,
the Clerk of the Court shall direct the mailing of a copy of
the judgment of conviction or order of supervision or probation

10000HB0184ham001 - 122 - LRB100 03302 RLC 30130 a
to the appropriate regional superintendent of schools. The
regional superintendent of schools shall notify the State Board
of Education of any notification under this subsection.
(j-5) A defendant at least 17 years of age who is convicted
of a felony and who has not been previously convicted of a
misdemeanor or felony and who is sentenced to a term of
imprisonment in the Illinois Department of Corrections shall as
a condition of his or her sentence be required by the court to
attend educational courses designed to prepare the defendant
for a high school diploma and to work toward a high school
diploma or to work toward passing high school equivalency
testing or to work toward completing a vocational training
program offered by the Department of Corrections. If a
defendant fails to complete the educational training required
by his or her sentence during the term of incarceration, the
Prisoner Review Board shall, as a condition of mandatory
supervised release, require the defendant, at his or her own
expense, to pursue a course of study toward a high school
diploma or passage of high school equivalency testing. The
Prisoner Review Board shall revoke the mandatory supervised
release of a defendant who wilfully fails to comply with this
subsection (j-5) upon his or her release from confinement in a
penal institution while serving a mandatory supervised release
term; however, the inability of the defendant after making a
good faith effort to obtain financial aid or pay for the
educational training shall not be deemed a wilful failure to

10000HB0184ham001 - 123 - LRB100 03302 RLC 30130 a
comply. The Prisoner Review Board shall recommit the defendant
whose mandatory supervised release term has been revoked under
this subsection (j-5) as provided in Section 3-3-9. This
subsection (j-5) does not apply to a defendant who has a high
school diploma or has successfully passed high school
equivalency testing. This subsection (j-5) does not apply to a
defendant who is determined by the court to be a person with a
developmental disability or otherwise mentally incapable of
completing the educational or vocational program.
(k) (Blank).
(l) (A) Except as provided in paragraph (C) of subsection
(l), whenever a defendant, who is an alien as defined by the
Immigration and Nationality Act, is convicted of any felony or
misdemeanor offense, the court after sentencing the defendant
may, upon motion of the State's Attorney, hold sentence in
abeyance and remand the defendant to the custody of the
Attorney General of the United States or his or her designated
agent to be deported when:
(1) a final order of deportation has been issued
against the defendant pursuant to proceedings under the
Immigration and Nationality Act, and
(2) the deportation of the defendant would not
deprecate the seriousness of the defendant's conduct and
would not be inconsistent with the ends of justice.
Otherwise, the defendant shall be sentenced as provided in
this Chapter V.

10000HB0184ham001 - 124 - LRB100 03302 RLC 30130 a
(B) If the defendant has already been sentenced for a
felony or misdemeanor offense, or has been placed on probation
under Section 10 of the Cannabis Control Act, Section 410 of
the Illinois Controlled Substances Act, or Section 70 of the
Methamphetamine Control and Community Protection Act, the
court may, upon motion of the State's Attorney to suspend the
sentence imposed, commit the defendant to the custody of the
Attorney General of the United States or his or her designated
agent when:
(1) a final order of deportation has been issued
against the defendant pursuant to proceedings under the
Immigration and Nationality Act, and
(2) the deportation of the defendant would not
deprecate the seriousness of the defendant's conduct and
would not be inconsistent with the ends of justice.
(C) This subsection (l) does not apply to offenders who are
subject to the provisions of paragraph (2) of subsection (a) of
Section 3-6-3.
(D) Upon motion of the State's Attorney, if a defendant
sentenced under this Section returns to the jurisdiction of the
United States, the defendant shall be recommitted to the
custody of the county from which he or she was sentenced.
Thereafter, the defendant shall be brought before the
sentencing court, which may impose any sentence that was
available under Section 5-5-3 at the time of initial
sentencing. In addition, the defendant shall not be eligible

10000HB0184ham001 - 125 - LRB100 03302 RLC 30130 a
for additional sentence credit for good conduct as provided
under Section 3-6-3.
(m) A person convicted of criminal defacement of property
under Section 21-1.3 of the Criminal Code of 1961 or the
Criminal Code of 2012, in which the property damage exceeds
$300 and the property damaged is a school building, shall be
ordered to perform community service that may include cleanup,
removal, or painting over the defacement.
(n) The court may sentence a person convicted of a
violation of Section 12-19, 12-21, 16-1.3, or 17-56, or
subsection (a) or (b) of Section 12-4.4a, of the Criminal Code
of 1961 or the Criminal Code of 2012 (i) to an impact
incarceration program if the person is otherwise eligible for
that program under Section 5-8-1.1, (ii) to community service,
or (iii) if the person is an addict or alcoholic, as defined in
the Alcoholism and Other Drug Abuse and Dependency Act, to a
substance or alcohol abuse program licensed under that Act.
(o) Whenever a person is convicted of a sex offense as
defined in Section 2 of the Sex Offender Registration Act, the
defendant's driver's license or permit shall be subject to
renewal on an annual basis in accordance with the provisions of
license renewal established by the Secretary of State.
(Source: P.A. 98-718, eff. 1-1-15; 98-756, eff. 7-16-14;
99-143, eff. 7-27-15; 99-885, eff. 8-23-16.)
(Text of Section after amendment by P.A. 99-938)

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Sec. 5-5-3. Disposition.
(a) (Blank).
(b) (Blank).
(c) (1) (Blank).
(2) A period of probation, a term of periodic imprisonment
or conditional discharge shall not be imposed for the following
offenses. The court shall sentence the offender to not less
than the minimum term of imprisonment set forth in this Code
for the following offenses, and may order a fine or restitution
or both in conjunction with such term of imprisonment:
(A) First degree murder where the death penalty is not
imposed.
(B) Attempted first degree murder.
(C) A Class X felony.
(D) A violation of Section 401.1 or 407 of the Illinois
Controlled Substances Act, or a violation of subdivision
(c)(1.5) of Section 401 of that Act which relates to more
than 5 grams of a substance containing fentanyl or an
analog thereof.
(D-5) A violation of subdivision (c)(1) of Section 401
of the Illinois Controlled Substances Act which relates to
3 or more grams of a substance containing heroin or an
analog thereof.
(E) (Blank).
(F) A Class 1 or greater felony if the offender had
been convicted of a Class 1 or greater felony, including

10000HB0184ham001 - 127 - LRB100 03302 RLC 30130 a
any state or federal conviction for an offense that
contained, at the time it was committed, the same elements
as an offense now (the date of the offense committed after
the prior Class 1 or greater felony) classified as a Class
1 or greater felony, within 10 years of the date on which
the offender committed the offense for which he or she is
being sentenced, except as otherwise provided in Section
40-10 of the Alcoholism and Other Drug Abuse and Dependency
Act.
(F-3) A Class 2 or greater felony sex offense or felony
firearm offense if the offender had been convicted of a
Class 2 or greater felony, including any state or federal
conviction for an offense that contained, at the time it
was committed, the same elements as an offense now (the
date of the offense committed after the prior Class 2 or
greater felony) classified as a Class 2 or greater felony,
within 10 years of the date on which the offender committed
the offense for which he or she is being sentenced, except
as otherwise provided in Section 40-10 of the Alcoholism
and Other Drug Abuse and Dependency Act.
(F-5) A violation of Section 24-1, 24-1.1, or 24-1.6 of
the Criminal Code of 1961 or the Criminal Code of 2012 for
which imprisonment is prescribed in those Sections.
(G) Residential burglary, except as otherwise provided
in Section 40-10 of the Alcoholism and Other Drug Abuse and
Dependency Act.

10000HB0184ham001 - 128 - LRB100 03302 RLC 30130 a
(H) Criminal sexual assault.
(I) Aggravated battery of a senior citizen as described
in Section 12-4.6 or subdivision (a)(4) of Section 12-3.05
of the Criminal Code of 1961 or the Criminal Code of 2012.
(J) A forcible felony if the offense was related to the
activities of an organized gang.
Before July 1, 1994, for the purposes of this
paragraph, "organized gang" means an association of 5 or
more persons, with an established hierarchy, that
encourages members of the association to perpetrate crimes
or provides support to the members of the association who
do commit crimes.
Beginning July 1, 1994, for the purposes of this
paragraph, "organized gang" has the meaning ascribed to it
in Section 10 of the Illinois Streetgang Terrorism Omnibus
Prevention Act.
(K) Vehicular hijacking.
(L) A second or subsequent conviction for the offense
of hate crime when the underlying offense upon which the
hate crime is based is felony aggravated assault or felony
mob action.
(M) A second or subsequent conviction for the offense
of institutional vandalism if the damage to the property
exceeds $300.
(N) A Class 3 felony violation of paragraph (1) of
subsection (a) of Section 2 of the Firearm Owners

10000HB0184ham001 - 129 - LRB100 03302 RLC 30130 a
Identification Card Act.
(O) A violation of Section 12-6.1 or 12-6.5 of the
Criminal Code of 1961 or the Criminal Code of 2012.
(P) A violation of paragraph (1), (2), (3), (4), (5),
or (7) of subsection (a) of Section 11-20.1 of the Criminal
Code of 1961 or the Criminal Code of 2012.
(Q) A violation of subsection (b) or (b-5) of Section
20-1, Section 20-1.2, or Section 20-1.3 of the Criminal
Code of 1961 or the Criminal Code of 2012.
(R) A violation of Section 24-3A of the Criminal Code
of 1961 or the Criminal Code of 2012.
(S) (Blank).
(T) (Blank).
(U) A second or subsequent violation of Section 6-303
of the Illinois Vehicle Code committed while his or her
driver's license, permit, or privilege was revoked because
of a violation of Section 9-3 of the Criminal Code of 1961
or the Criminal Code of 2012, relating to the offense of
reckless homicide, or a similar provision of a law of
another state.
(V) A violation of paragraph (4) of subsection (c) of
Section 11-20.1B or paragraph (4) of subsection (c) of
Section 11-20.3 of the Criminal Code of 1961, or paragraph
(6) of subsection (a) of Section 11-20.1 of the Criminal
Code of 2012 when the victim is under 13 years of age and
the defendant has previously been convicted under the laws

10000HB0184ham001 - 130 - LRB100 03302 RLC 30130 a
of this State or any other state of the offense of child
pornography, aggravated child pornography, aggravated
criminal sexual abuse, aggravated criminal sexual assault,
predatory criminal sexual assault of a child, or any of the
offenses formerly known as rape, deviate sexual assault,
indecent liberties with a child, or aggravated indecent
liberties with a child where the victim was under the age
of 18 years or an offense that is substantially equivalent
to those offenses.
(W) A violation of Section 24-3.5 of the Criminal Code
of 1961 or the Criminal Code of 2012.
(X) A violation of subsection (a) of Section 31-1a of
the Criminal Code of 1961 or the Criminal Code of 2012.
(Y) A conviction for unlawful possession of a firearm
by a street gang member when the firearm was loaded or
contained firearm ammunition.
(Z) A Class 1 felony committed while he or she was
serving a term of probation or conditional discharge for a
felony.
(AA) Theft of property exceeding $500,000 and not
exceeding $1,000,000 in value.
(BB) Laundering of criminally derived property of a
value exceeding $500,000.
(CC) Knowingly selling, offering for sale, holding for
sale, or using 2,000 or more counterfeit items or
counterfeit items having a retail value in the aggregate of

10000HB0184ham001 - 131 - LRB100 03302 RLC 30130 a
$500,000 or more.
(DD) A conviction for aggravated assault under
paragraph (6) of subsection (c) of Section 12-2 of the
Criminal Code of 1961 or the Criminal Code of 2012 if the
firearm is aimed toward the person against whom the firearm
is being used.
(EE) A conviction for a violation of paragraph (2) of
subsection (a) of Section 24-3B of the Criminal Code of
2012.
(3) (Blank).
(4) A minimum term of imprisonment of not less than 10
consecutive days or 30 days of community service shall be
imposed for a violation of paragraph (c) of Section 6-303 of
the Illinois Vehicle Code.
(4.1) (Blank).
(4.2) Except as provided in paragraphs (4.3) and (4.8) of
this subsection (c), a minimum of 100 hours of community
service shall be imposed for a second violation of Section
6-303 of the Illinois Vehicle Code.
(4.3) A minimum term of imprisonment of 30 days or 300
hours of community service, as determined by the court, shall
be imposed for a second violation of subsection (c) of Section
6-303 of the Illinois Vehicle Code.
(4.4) Except as provided in paragraphs (4.5), (4.6), and
(4.9) of this subsection (c), a minimum term of imprisonment of
30 days or 300 hours of community service, as determined by the

10000HB0184ham001 - 132 - LRB100 03302 RLC 30130 a
court, shall be imposed for a third or subsequent violation of
Section 6-303 of the Illinois Vehicle Code. The court may give
credit toward the fulfillment of community service hours for
participation in activities and treatment as determined by
court services.
(4.5) A minimum term of imprisonment of 30 days shall be
imposed for a third violation of subsection (c) of Section
6-303 of the Illinois Vehicle Code.
(4.6) Except as provided in paragraph (4.10) of this
subsection (c), a minimum term of imprisonment of 180 days
shall be imposed for a fourth or subsequent violation of
subsection (c) of Section 6-303 of the Illinois Vehicle Code.
(4.7) A minimum term of imprisonment of not less than 30
consecutive days, or 300 hours of community service, shall be
imposed for a violation of subsection (a-5) of Section 6-303 of
the Illinois Vehicle Code, as provided in subsection (b-5) of
that Section.
(4.8) A mandatory prison sentence shall be imposed for a
second violation of subsection (a-5) of Section 6-303 of the
Illinois Vehicle Code, as provided in subsection (c-5) of that
Section. The person's driving privileges shall be revoked for a
period of not less than 5 years from the date of his or her
release from prison.
(4.9) A mandatory prison sentence of not less than 4 and
not more than 15 years shall be imposed for a third violation
of subsection (a-5) of Section 6-303 of the Illinois Vehicle

10000HB0184ham001 - 133 - LRB100 03302 RLC 30130 a
Code, as provided in subsection (d-2.5) of that Section. The
person's driving privileges shall be revoked for the remainder
of his or her life.
(4.10) A mandatory prison sentence for a Class 1 felony
shall be imposed, and the person shall be eligible for an
extended term sentence, for a fourth or subsequent violation of
subsection (a-5) of Section 6-303 of the Illinois Vehicle Code,
as provided in subsection (d-3.5) of that Section. The person's
driving privileges shall be revoked for the remainder of his or
her life.
(5) The court may sentence a corporation or unincorporated
association convicted of any offense to:
(A) a period of conditional discharge;
(B) a fine;
(C) make restitution to the victim under Section 5-5-6
of this Code.
(5.1) In addition to any other penalties imposed, and
except as provided in paragraph (5.2) or (5.3), a person
convicted of violating subsection (c) of Section 11-907 of the
Illinois Vehicle Code shall have his or her driver's license,
permit, or privileges suspended for at least 90 days but not
more than one year, if the violation resulted in damage to the
property of another person.
(5.2) In addition to any other penalties imposed, and
except as provided in paragraph (5.3), a person convicted of
violating subsection (c) of Section 11-907 of the Illinois

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Vehicle Code shall have his or her driver's license, permit, or
privileges suspended for at least 180 days but not more than 2
years, if the violation resulted in injury to another person.
(5.3) In addition to any other penalties imposed, a person
convicted of violating subsection (c) of Section 11-907 of the
Illinois Vehicle Code shall have his or her driver's license,
permit, or privileges suspended for 2 years, if the violation
resulted in the death of another person.
(5.4) In addition to any other penalties imposed, a person
convicted of violating Section 3-707 of the Illinois Vehicle
Code shall have his or her driver's license, permit, or
privileges suspended for 3 months and until he or she has paid
a reinstatement fee of $100.
(5.5) In addition to any other penalties imposed, a person
convicted of violating Section 3-707 of the Illinois Vehicle
Code during a period in which his or her driver's license,
permit, or privileges were suspended for a previous violation
of that Section shall have his or her driver's license, permit,
or privileges suspended for an additional 6 months after the
expiration of the original 3-month suspension and until he or
she has paid a reinstatement fee of $100.
(6) (Blank).
(7) (Blank).
(8) (Blank).
(9) A defendant convicted of a second or subsequent offense
of ritualized abuse of a child may be sentenced to a term of

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natural life imprisonment.
(10) (Blank).
(11) The court shall impose a minimum fine of $1,000 for a
first offense and $2,000 for a second or subsequent offense
upon a person convicted of or placed on supervision for battery
when the individual harmed was a sports official or coach at
any level of competition and the act causing harm to the sports
official or coach occurred within an athletic facility or
within the immediate vicinity of the athletic facility at which
the sports official or coach was an active participant of the
athletic contest held at the athletic facility. For the
purposes of this paragraph (11), "sports official" means a
person at an athletic contest who enforces the rules of the
contest, such as an umpire or referee; "athletic facility"
means an indoor or outdoor playing field or recreational area
where sports activities are conducted; and "coach" means a
person recognized as a coach by the sanctioning authority that
conducted the sporting event.
(12) A person may not receive a disposition of court
supervision for a violation of Section 5-16 of the Boat
Registration and Safety Act if that person has previously
received a disposition of court supervision for a violation of
that Section.
(13) A person convicted of or placed on court supervision
for an assault or aggravated assault when the victim and the
offender are family or household members as defined in Section

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103 of the Illinois Domestic Violence Act of 1986 or convicted
of domestic battery or aggravated domestic battery may be
required to attend a Partner Abuse Intervention Program under
protocols set forth by the Illinois Department of Human
Services under such terms and conditions imposed by the court.
The costs of such classes shall be paid by the offender.
(d) In any case in which a sentence originally imposed is
vacated, the case shall be remanded to the trial court. The
trial court shall hold a hearing under Section 5-4-1 of the
Unified Code of Corrections which may include evidence of the
defendant's life, moral character and occupation during the
time since the original sentence was passed. The trial court
shall then impose sentence upon the defendant. The trial court
may impose any sentence which could have been imposed at the
original trial subject to Section 5-5-4 of the Unified Code of
Corrections. If a sentence is vacated on appeal or on
collateral attack due to the failure of the trier of fact at
trial to determine beyond a reasonable doubt the existence of a
fact (other than a prior conviction) necessary to increase the
punishment for the offense beyond the statutory maximum
otherwise applicable, either the defendant may be re-sentenced
to a term within the range otherwise provided or, if the State
files notice of its intention to again seek the extended
sentence, the defendant shall be afforded a new trial.
(e) In cases where prosecution for aggravated criminal
sexual abuse under Section 11-1.60 or 12-16 of the Criminal

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Code of 1961 or the Criminal Code of 2012 results in conviction
of a defendant who was a family member of the victim at the
time of the commission of the offense, the court shall consider
the safety and welfare of the victim and may impose a sentence
of probation only where:
(1) the court finds (A) or (B) or both are appropriate:
(A) the defendant is willing to undergo a court
approved counseling program for a minimum duration of 2
years; or
(B) the defendant is willing to participate in a
court approved plan including but not limited to the
defendant's:
(i) removal from the household;
(ii) restricted contact with the victim;
(iii) continued financial support of the
family;
(iv) restitution for harm done to the victim;
and
(v) compliance with any other measures that
the court may deem appropriate; and
(2) the court orders the defendant to pay for the
victim's counseling services, to the extent that the court
finds, after considering the defendant's income and
assets, that the defendant is financially capable of paying
for such services, if the victim was under 18 years of age
at the time the offense was committed and requires

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counseling as a result of the offense.
Probation may be revoked or modified pursuant to Section
5-6-4; except where the court determines at the hearing that
the defendant violated a condition of his or her probation
restricting contact with the victim or other family members or
commits another offense with the victim or other family
members, the court shall revoke the defendant's probation and
impose a term of imprisonment.
For the purposes of this Section, "family member" and
"victim" shall have the meanings ascribed to them in Section
11-0.1 of the Criminal Code of 2012.
(f) (Blank).
(g) Whenever a defendant is convicted of an offense under
Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-14,
11-14.3, 11-14.4 except for an offense that involves keeping a
place of juvenile prostitution, 11-15, 11-15.1, 11-16, 11-17,
11-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 12-13, 12-14,
12-14.1, 12-15 or 12-16 of the Criminal Code of 1961 or the
Criminal Code of 2012, the defendant shall undergo medical
testing to determine whether the defendant has any sexually
transmissible disease, including a test for infection with
human immunodeficiency virus (HIV) or any other identified
causative agent of acquired immunodeficiency syndrome (AIDS).
Any such medical test shall be performed only by appropriately
licensed medical practitioners and may include an analysis of
any bodily fluids as well as an examination of the defendant's

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person. Except as otherwise provided by law, the results of
such test shall be kept strictly confidential by all medical
personnel involved in the testing and must be personally
delivered in a sealed envelope to the judge of the court in
which the conviction was entered for the judge's inspection in
camera. Acting in accordance with the best interests of the
victim and the public, the judge shall have the discretion to
determine to whom, if anyone, the results of the testing may be
revealed. The court shall notify the defendant of the test
results. The court shall also notify the victim if requested by
the victim, and if the victim is under the age of 15 and if
requested by the victim's parents or legal guardian, the court
shall notify the victim's parents or legal guardian of the test
results. The court shall provide information on the
availability of HIV testing and counseling at Department of
Public Health facilities to all parties to whom the results of
the testing are revealed and shall direct the State's Attorney
to provide the information to the victim when possible. A
State's Attorney may petition the court to obtain the results
of any HIV test administered under this Section, and the court
shall grant the disclosure if the State's Attorney shows it is
relevant in order to prosecute a charge of criminal
transmission of HIV under Section 12-5.01 or 12-16.2 of the
Criminal Code of 1961 or the Criminal Code of 2012 against the
defendant. The court shall order that the cost of any such test
shall be paid by the county and may be taxed as costs against

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the convicted defendant.
(g-5) When an inmate is tested for an airborne communicable
disease, as determined by the Illinois Department of Public
Health including but not limited to tuberculosis, the results
of the test shall be personally delivered by the warden or his
or her designee in a sealed envelope to the judge of the court
in which the inmate must appear for the judge's inspection in
camera if requested by the judge. Acting in accordance with the
best interests of those in the courtroom, the judge shall have
the discretion to determine what if any precautions need to be
taken to prevent transmission of the disease in the courtroom.
(h) Whenever a defendant is convicted of an offense under
Section 1 or 2 of the Hypodermic Syringes and Needles Act, the
defendant shall undergo medical testing to determine whether
the defendant has been exposed to human immunodeficiency virus
(HIV) or any other identified causative agent of acquired
immunodeficiency syndrome (AIDS). Except as otherwise provided
by law, the results of such test shall be kept strictly
confidential by all medical personnel involved in the testing
and must be personally delivered in a sealed envelope to the
judge of the court in which the conviction was entered for the
judge's inspection in camera. Acting in accordance with the
best interests of the public, the judge shall have the
discretion to determine to whom, if anyone, the results of the
testing may be revealed. The court shall notify the defendant
of a positive test showing an infection with the human

10000HB0184ham001 - 141 - LRB100 03302 RLC 30130 a
immunodeficiency virus (HIV). The court shall provide
information on the availability of HIV testing and counseling
at Department of Public Health facilities to all parties to
whom the results of the testing are revealed and shall direct
the State's Attorney to provide the information to the victim
when possible. A State's Attorney may petition the court to
obtain the results of any HIV test administered under this
Section, and the court shall grant the disclosure if the
State's Attorney shows it is relevant in order to prosecute a
charge of criminal transmission of HIV under Section 12-5.01 or
12-16.2 of the Criminal Code of 1961 or the Criminal Code of
2012 against the defendant. The court shall order that the cost
of any such test shall be paid by the county and may be taxed as
costs against the convicted defendant.
(i) All fines and penalties imposed under this Section for
any violation of Chapters 3, 4, 6, and 11 of the Illinois
Vehicle Code, or a similar provision of a local ordinance, and
any violation of the Child Passenger Protection Act, or a
similar provision of a local ordinance, shall be collected and
disbursed by the circuit clerk as provided under Section 27.5
of the Clerks of Courts Act.
(j) In cases when prosecution for any violation of Section
11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-8, 11-9,
11-11, 11-14, 11-14.3, 11-14.4, 11-15, 11-15.1, 11-16, 11-17,
11-17.1, 11-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 11-20.1,
11-20.1B, 11-20.3, 11-21, 11-30, 11-40, 12-13, 12-14, 12-14.1,

10000HB0184ham001 - 142 - LRB100 03302 RLC 30130 a
12-15, or 12-16 of the Criminal Code of 1961 or the Criminal
Code of 2012, any violation of the Illinois Controlled
Substances Act, any violation of the Cannabis Control Act, or
any violation of the Methamphetamine Control and Community
Protection Act results in conviction, a disposition of court
supervision, or an order of probation granted under Section 10
of the Cannabis Control Act, Section 410 of the Illinois
Controlled Substances Act, or Section 70 of the Methamphetamine
Control and Community Protection Act of a defendant, the court
shall determine whether the defendant is employed by a facility
or center as defined under the Child Care Act of 1969, a public
or private elementary or secondary school, or otherwise works
with children under 18 years of age on a daily basis. When a
defendant is so employed, the court shall order the Clerk of
the Court to send a copy of the judgment of conviction or order
of supervision or probation to the defendant's employer by
certified mail. If the employer of the defendant is a school,
the Clerk of the Court shall direct the mailing of a copy of
the judgment of conviction or order of supervision or probation
to the appropriate regional superintendent of schools. The
regional superintendent of schools shall notify the State Board
of Education of any notification under this subsection.
(j-5) A defendant at least 17 years of age who is convicted
of a felony and who has not been previously convicted of a
misdemeanor or felony and who is sentenced to a term of
imprisonment in the Illinois Department of Corrections shall as

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a condition of his or her sentence be required by the court to
attend educational courses designed to prepare the defendant
for a high school diploma and to work toward a high school
diploma or to work toward passing high school equivalency
testing or to work toward completing a vocational training
program offered by the Department of Corrections. If a
defendant fails to complete the educational training required
by his or her sentence during the term of incarceration, the
Prisoner Review Board shall, as a condition of mandatory
supervised release, require the defendant, at his or her own
expense, to pursue a course of study toward a high school
diploma or passage of high school equivalency testing. The
Prisoner Review Board shall revoke the mandatory supervised
release of a defendant who wilfully fails to comply with this
subsection (j-5) upon his or her release from confinement in a
penal institution while serving a mandatory supervised release
term; however, the inability of the defendant after making a
good faith effort to obtain financial aid or pay for the
educational training shall not be deemed a wilful failure to
comply. The Prisoner Review Board shall recommit the defendant
whose mandatory supervised release term has been revoked under
this subsection (j-5) as provided in Section 3-3-9. This
subsection (j-5) does not apply to a defendant who has a high
school diploma or has successfully passed high school
equivalency testing. This subsection (j-5) does not apply to a
defendant who is determined by the court to be a person with a

10000HB0184ham001 - 144 - LRB100 03302 RLC 30130 a
developmental disability or otherwise mentally incapable of
completing the educational or vocational program.
(k) (Blank).
(l) (A) Except as provided in paragraph (C) of subsection
(l), whenever a defendant, who is an alien as defined by the
Immigration and Nationality Act, is convicted of any felony or
misdemeanor offense, the court after sentencing the defendant
may, upon motion of the State's Attorney, hold sentence in
abeyance and remand the defendant to the custody of the
Attorney General of the United States or his or her designated
agent to be deported when:
(1) a final order of deportation has been issued
against the defendant pursuant to proceedings under the
Immigration and Nationality Act, and
(2) the deportation of the defendant would not
deprecate the seriousness of the defendant's conduct and
would not be inconsistent with the ends of justice.
Otherwise, the defendant shall be sentenced as provided in
this Chapter V.
(B) If the defendant has already been sentenced for a
felony or misdemeanor offense, or has been placed on probation
under Section 10 of the Cannabis Control Act, Section 410 of
the Illinois Controlled Substances Act, or Section 70 of the
Methamphetamine Control and Community Protection Act, the
court may, upon motion of the State's Attorney to suspend the
sentence imposed, commit the defendant to the custody of the

10000HB0184ham001 - 145 - LRB100 03302 RLC 30130 a
Attorney General of the United States or his or her designated
agent when:
(1) a final order of deportation has been issued
against the defendant pursuant to proceedings under the
Immigration and Nationality Act, and
(2) the deportation of the defendant would not
deprecate the seriousness of the defendant's conduct and
would not be inconsistent with the ends of justice.
(C) This subsection (l) does not apply to offenders who are
subject to the provisions of paragraph (2) of subsection (a) of
Section 3-6-3.
(D) Upon motion of the State's Attorney, if a defendant
sentenced under this Section returns to the jurisdiction of the
United States, the defendant shall be recommitted to the
custody of the county from which he or she was sentenced.
Thereafter, the defendant shall be brought before the
sentencing court, which may impose any sentence that was
available under Section 5-5-3 at the time of initial
sentencing. In addition, the defendant shall not be eligible
for additional earned sentence credit as provided under Section
3-6-3.
(m) A person convicted of criminal defacement of property
under Section 21-1.3 of the Criminal Code of 1961 or the
Criminal Code of 2012, in which the property damage exceeds
$300 and the property damaged is a school building, shall be
ordered to perform community service that may include cleanup,

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removal, or painting over the defacement.
(n) The court may sentence a person convicted of a
violation of Section 12-19, 12-21, 16-1.3, or 17-56, or
subsection (a) or (b) of Section 12-4.4a, of the Criminal Code
of 1961 or the Criminal Code of 2012 (i) to an impact
incarceration program if the person is otherwise eligible for
that program under Section 5-8-1.1, (ii) to community service,
or (iii) if the person is an addict or alcoholic, as defined in
the Alcoholism and Other Drug Abuse and Dependency Act, to a
substance or alcohol abuse program licensed under that Act.
(o) Whenever a person is convicted of a sex offense as
defined in Section 2 of the Sex Offender Registration Act, the
defendant's driver's license or permit shall be subject to
renewal on an annual basis in accordance with the provisions of
license renewal established by the Secretary of State.
(Source: P.A. 98-718, eff. 1-1-15; 98-756, eff. 7-16-14;
99-143, eff. 7-27-15; 99-885, eff. 8-23-16; 99-938, eff.
1-1-18.)
(730 ILCS 5/5-6-3) (from Ch. 38, par. 1005-6-3)
Sec. 5-6-3. Conditions of Probation and of Conditional
Discharge.
(a) The conditions of probation and of conditional
discharge shall be that the person:
(1) not violate any criminal statute of any
jurisdiction;

10000HB0184ham001 - 147 - LRB100 03302 RLC 30130 a
(2) report to or appear in person before such person or
agency as directed by the court;
(3) refrain from possessing a firearm or other
dangerous weapon where the offense is a felony or, if a
misdemeanor, the offense involved the intentional or
knowing infliction of bodily harm or threat of bodily harm;
(4) not leave the State without the consent of the
court or, in circumstances in which the reason for the
absence is of such an emergency nature that prior consent
by the court is not possible, without the prior
notification and approval of the person's probation
officer. Transfer of a person's probation or conditional
discharge supervision to another state is subject to
acceptance by the other state pursuant to the Interstate
Compact for Adult Offender Supervision;
(5) permit the probation officer to visit him at his
home or elsewhere to the extent necessary to discharge his
duties;
(6) perform no less than 30 hours of community service
and not more than 120 hours of community service, if
community service is available in the jurisdiction and is
funded and approved by the county board where the offense
was committed, where the offense was related to or in
furtherance of the criminal activities of an organized gang
and was motivated by the offender's membership in or
allegiance to an organized gang. The community service

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shall include, but not be limited to, the cleanup and
repair of any damage caused by a violation of Section
21-1.3 of the Criminal Code of 1961 or the Criminal Code of
2012 and similar damage to property located within the
municipality or county in which the violation occurred.
When possible and reasonable, the community service should
be performed in the offender's neighborhood. For purposes
of this Section, "organized gang" has the meaning ascribed
to it in Section 10 of the Illinois Streetgang Terrorism
Omnibus Prevention Act. The court may give credit toward
the fulfillment of community service hours for
participation in activities and treatment as determined by
court services;
(7) if he or she is at least 17 years of age and has
been sentenced to probation or conditional discharge for a
misdemeanor or felony in a county of 3,000,000 or more
inhabitants and has not been previously convicted of a
misdemeanor or felony, may be required by the sentencing
court to attend educational courses designed to prepare the
defendant for a high school diploma and to work toward a
high school diploma or to work toward passing high school
equivalency testing or to work toward completing a
vocational training program approved by the court. The
person on probation or conditional discharge must attend a
public institution of education to obtain the educational
or vocational training required by this clause (7). The

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court shall revoke the probation or conditional discharge
of a person who wilfully fails to comply with this clause
(7). The person on probation or conditional discharge shall
be required to pay for the cost of the educational courses
or high school equivalency testing if a fee is charged for
those courses or testing. The court shall resentence the
offender whose probation or conditional discharge has been
revoked as provided in Section 5-6-4. This clause (7) does
not apply to a person who has a high school diploma or has
successfully passed high school equivalency testing. This
clause (7) does not apply to a person who is determined by
the court to be a person with a developmental disability or
otherwise mentally incapable of completing the educational
or vocational program;
(8) if convicted of possession of a substance
prohibited by the Cannabis Control Act, the Illinois
Controlled Substances Act, or the Methamphetamine Control
and Community Protection Act after a previous conviction or
disposition of supervision for possession of a substance
prohibited by the Cannabis Control Act or Illinois
Controlled Substances Act or after a sentence of probation
under Section 10 of the Cannabis Control Act, Section 410
of the Illinois Controlled Substances Act, or Section 70 of
the Methamphetamine Control and Community Protection Act
and upon a finding by the court that the person is
addicted, undergo treatment at a substance abuse program

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approved by the court;
(8.5) if convicted of a felony sex offense as defined
in the Sex Offender Management Board Act, the person shall
undergo and successfully complete sex offender treatment
by a treatment provider approved by the Board and conducted
in conformance with the standards developed under the Sex
Offender Management Board Act;
(8.6) if convicted of a sex offense as defined in the
Sex Offender Management Board Act, refrain from residing at
the same address or in the same condominium unit or
apartment unit or in the same condominium complex or
apartment complex with another person he or she knows or
reasonably should know is a convicted sex offender or has
been placed on supervision for a sex offense; the
provisions of this paragraph do not apply to a person
convicted of a sex offense who is placed in a Department of
Corrections licensed transitional housing facility for sex
offenders;
(8.7) if convicted for an offense committed on or after
June 1, 2008 (the effective date of Public Act 95-464) that
would qualify the accused as a child sex offender as
defined in Section 11-9.3 or 11-9.4 of the Criminal Code of
1961 or the Criminal Code of 2012, refrain from
communicating with or contacting, by means of the Internet,
a person who is not related to the accused and whom the
accused reasonably believes to be under 18 years of age;

10000HB0184ham001 - 151 - LRB100 03302 RLC 30130 a
for purposes of this paragraph (8.7), "Internet" has the
meaning ascribed to it in Section 16-0.1 of the Criminal
Code of 2012; and a person is not related to the accused if
the person is not: (i) the spouse, brother, or sister of
the accused; (ii) a descendant of the accused; (iii) a
first or second cousin of the accused; or (iv) a step-child
or adopted child of the accused;
(8.8) if convicted for an offense under Section 11-6,
11-9.1, 11-14.4 that involves soliciting for a juvenile
prostitute, 11-15.1, 11-20.1, 11-20.1B, 11-20.3, or 11-21
of the Criminal Code of 1961 or the Criminal Code of 2012,
or any attempt to commit any of these offenses, committed
on or after June 1, 2009 (the effective date of Public Act
95-983):
(i) not access or use a computer or any other
device with Internet capability without the prior
written approval of the offender's probation officer,
except in connection with the offender's employment or
search for employment with the prior approval of the
offender's probation officer;
(ii) submit to periodic unannounced examinations
of the offender's computer or any other device with
Internet capability by the offender's probation
officer, a law enforcement officer, or assigned
computer or information technology specialist,
including the retrieval and copying of all data from

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the computer or device and any internal or external
peripherals and removal of such information,
equipment, or device to conduct a more thorough
inspection;
(iii) submit to the installation on the offender's
computer or device with Internet capability, at the
offender's expense, of one or more hardware or software
systems to monitor the Internet use; and
(iv) submit to any other appropriate restrictions
concerning the offender's use of or access to a
computer or any other device with Internet capability
imposed by the offender's probation officer;
(8.9) if convicted of a sex offense as defined in the
Sex Offender Registration Act committed on or after January
1, 2010 (the effective date of Public Act 96-262), refrain
from accessing or using a social networking website as
defined in Section 17-0.5 of the Criminal Code of 2012;
(9) if convicted of a felony or of any misdemeanor
violation of Section 12-1, 12-2, 12-3, 12-3.2, 12-3.4, or
12-3.5 of the Criminal Code of 1961 or the Criminal Code of
2012 that was determined, pursuant to Section 112A-11.1 of
the Code of Criminal Procedure of 1963, to trigger the
prohibitions of 18 U.S.C. 922(g)(9), physically surrender
at a time and place designated by the court, his or her
Firearm Owner's Identification Card and any and all
firearms in his or her possession. The Court shall return

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to the Department of State Police Firearm Owner's
Identification Card Office the person's Firearm Owner's
Identification Card;
(10) if convicted of a sex offense as defined in
subsection (a-5) of Section 3-1-2 of this Code, unless the
offender is a parent or guardian of the person under 18
years of age present in the home and no non-familial minors
are present, not participate in a holiday event involving
children under 18 years of age, such as distributing candy
or other items to children on Halloween, wearing a Santa
Claus costume on or preceding Christmas, being employed as
a department store Santa Claus, or wearing an Easter Bunny
costume on or preceding Easter;
(11) if convicted of a sex offense as defined in
Section 2 of the Sex Offender Registration Act committed on
or after January 1, 2010 (the effective date of Public Act
96-362) that requires the person to register as a sex
offender under that Act, may not knowingly use any computer
scrub software on any computer that the sex offender uses;
and
(12) if convicted of a violation of the Methamphetamine
Control and Community Protection Act, the Methamphetamine
Precursor Control Act, or a methamphetamine related
offense:
(A) prohibited from purchasing, possessing, or
having under his or her control any product containing

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pseudoephedrine unless prescribed by a physician; and
(B) prohibited from purchasing, possessing, or
having under his or her control any product containing
ammonium nitrate.
(b) The Court may in addition to other reasonable
conditions relating to the nature of the offense or the
rehabilitation of the defendant as determined for each
defendant in the proper discretion of the Court require that
the person:
(1) serve a term of periodic imprisonment under Article
7 for a period not to exceed that specified in paragraph
(d) of Section 5-7-1;
(2) pay a fine and costs;
(3) work or pursue a course of study or vocational
training;
(4) undergo medical, psychological or psychiatric
treatment; or treatment for drug addiction or alcoholism;
(5) attend or reside in a facility established for the
instruction or residence of defendants on probation;
(6) support his dependents;
(7) and in addition, if a minor:
(i) reside with his parents or in a foster home;
(ii) attend school;
(iii) attend a non-residential program for youth;
(iv) contribute to his own support at home or in a
foster home;

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(v) with the consent of the superintendent of the
facility, attend an educational program at a facility
other than the school in which the offense was
committed if he or she is convicted of a crime of
violence as defined in Section 2 of the Crime Victims
Compensation Act committed in a school, on the real
property comprising a school, or within 1,000 feet of
the real property comprising a school;
(8) make restitution as provided in Section 5-5-6 of
this Code;
(9) perform some reasonable public or community
service;
(10) serve a term of home confinement. In addition to
any other applicable condition of probation or conditional
discharge, the conditions of home confinement shall be that
the offender:
(i) remain within the interior premises of the
place designated for his confinement during the hours
designated by the court;
(ii) admit any person or agent designated by the
court into the offender's place of confinement at any
time for purposes of verifying the offender's
compliance with the conditions of his confinement; and
(iii) if further deemed necessary by the court or
the Probation or Court Services Department, be placed
on an approved electronic monitoring device, subject

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to Article 8A of Chapter V;
(iv) for persons convicted of any alcohol,
cannabis or controlled substance violation who are
placed on an approved monitoring device as a condition
of probation or conditional discharge, the court shall
impose a reasonable fee for each day of the use of the
device, as established by the county board in
subsection (g) of this Section, unless after
determining the inability of the offender to pay the
fee, the court assesses a lesser fee or no fee as the
case may be. This fee shall be imposed in addition to
the fees imposed under subsections (g) and (i) of this
Section. The fee shall be collected by the clerk of the
circuit court, except as provided in an administrative
order of the Chief Judge of the circuit court. The
clerk of the circuit court shall pay all monies
collected from this fee to the county treasurer for
deposit in the substance abuse services fund under
Section 5-1086.1 of the Counties Code, except as
provided in an administrative order of the Chief Judge
of the circuit court.
The Chief Judge of the circuit court of the county
may by administrative order establish a program for
electronic monitoring of offenders, in which a vendor
supplies and monitors the operation of the electronic
monitoring device, and collects the fees on behalf of

10000HB0184ham001 - 157 - LRB100 03302 RLC 30130 a
the county. The program shall include provisions for
indigent offenders and the collection of unpaid fees.
The program shall not unduly burden the offender and
shall be subject to review by the Chief Judge.
The Chief Judge of the circuit court may suspend
any additional charges or fees for late payment,
interest, or damage to any device; and
(v) for persons convicted of offenses other than
those referenced in clause (iv) above and who are
placed on an approved monitoring device as a condition
of probation or conditional discharge, the court shall
impose a reasonable fee for each day of the use of the
device, as established by the county board in
subsection (g) of this Section, unless after
determining the inability of the defendant to pay the
fee, the court assesses a lesser fee or no fee as the
case may be. This fee shall be imposed in addition to
the fees imposed under subsections (g) and (i) of this
Section. The fee shall be collected by the clerk of the
circuit court, except as provided in an administrative
order of the Chief Judge of the circuit court. The
clerk of the circuit court shall pay all monies
collected from this fee to the county treasurer who
shall use the monies collected to defray the costs of
corrections. The county treasurer shall deposit the
fee collected in the probation and court services fund.

10000HB0184ham001 - 158 - LRB100 03302 RLC 30130 a
The Chief Judge of the circuit court of the county may
by administrative order establish a program for
electronic monitoring of offenders, in which a vendor
supplies and monitors the operation of the electronic
monitoring device, and collects the fees on behalf of
the county. The program shall include provisions for
indigent offenders and the collection of unpaid fees.
The program shall not unduly burden the offender and
shall be subject to review by the Chief Judge.
The Chief Judge of the circuit court may suspend
any additional charges or fees for late payment,
interest, or damage to any device.
(11) comply with the terms and conditions of an order
of protection issued by the court pursuant to the Illinois
Domestic Violence Act of 1986, as now or hereafter amended,
or an order of protection issued by the court of another
state, tribe, or United States territory. A copy of the
order of protection shall be transmitted to the probation
officer or agency having responsibility for the case;
(12) reimburse any "local anti-crime program" as
defined in Section 7 of the Anti-Crime Advisory Council Act
for any reasonable expenses incurred by the program on the
offender's case, not to exceed the maximum amount of the
fine authorized for the offense for which the defendant was
sentenced;
(13) contribute a reasonable sum of money, not to

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exceed the maximum amount of the fine authorized for the
offense for which the defendant was sentenced, (i) to a
"local anti-crime program", as defined in Section 7 of the
Anti-Crime Advisory Council Act, or (ii) for offenses under
the jurisdiction of the Department of Natural Resources, to
the fund established by the Department of Natural Resources
for the purchase of evidence for investigation purposes and
to conduct investigations as outlined in Section 805-105 of
the Department of Natural Resources (Conservation) Law;
(14) refrain from entering into a designated
geographic area except upon such terms as the court finds
appropriate. Such terms may include consideration of the
purpose of the entry, the time of day, other persons
accompanying the defendant, and advance approval by a
probation officer, if the defendant has been placed on
probation or advance approval by the court, if the
defendant was placed on conditional discharge;
(15) refrain from having any contact, directly or
indirectly, with certain specified persons or particular
types of persons, including but not limited to members of
street gangs and drug users or dealers;
(16) refrain from having in his or her body the
presence of any illicit drug prohibited by the Cannabis
Control Act, the Illinois Controlled Substances Act, or the
Methamphetamine Control and Community Protection Act,
unless prescribed by a physician, and submit samples of his

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or her blood or urine or both for tests to determine the
presence of any illicit drug;
(17) if convicted for an offense committed on or after
June 1, 2008 (the effective date of Public Act 95-464) that
would qualify the accused as a child sex offender as
defined in Section 11-9.3 or 11-9.4 of the Criminal Code of
1961 or the Criminal Code of 2012, refrain from
communicating with or contacting, by means of the Internet,
a person who is related to the accused and whom the accused
reasonably believes to be under 18 years of age; for
purposes of this paragraph (17), "Internet" has the meaning
ascribed to it in Section 16-0.1 of the Criminal Code of
2012; and a person is related to the accused if the person
is: (i) the spouse, brother, or sister of the accused; (ii)
a descendant of the accused; (iii) a first or second cousin
of the accused; or (iv) a step-child or adopted child of
the accused;
(18) if convicted for an offense committed on or after
June 1, 2009 (the effective date of Public Act 95-983) that
would qualify as a sex offense as defined in the Sex
Offender Registration Act:
(i) not access or use a computer or any other
device with Internet capability without the prior
written approval of the offender's probation officer,
except in connection with the offender's employment or
search for employment with the prior approval of the

10000HB0184ham001 - 161 - LRB100 03302 RLC 30130 a
offender's probation officer;
(ii) submit to periodic unannounced examinations
of the offender's computer or any other device with
Internet capability by the offender's probation
officer, a law enforcement officer, or assigned
computer or information technology specialist,
including the retrieval and copying of all data from
the computer or device and any internal or external
peripherals and removal of such information,
equipment, or device to conduct a more thorough
inspection;
(iii) submit to the installation on the offender's
computer or device with Internet capability, at the
subject's expense, of one or more hardware or software
systems to monitor the Internet use; and
(iv) submit to any other appropriate restrictions
concerning the offender's use of or access to a
computer or any other device with Internet capability
imposed by the offender's probation officer; and
(19) refrain from possessing a firearm or other
dangerous weapon where the offense is a misdemeanor that
did not involve the intentional or knowing infliction of
bodily harm or threat of bodily harm.
(c) The court may as a condition of probation or of
conditional discharge require that a person under 18 years of
age found guilty of any alcohol, cannabis or controlled

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substance violation, refrain from acquiring a driver's license
during the period of probation or conditional discharge. If
such person is in possession of a permit or license, the court
may require that the minor refrain from driving or operating
any motor vehicle during the period of probation or conditional
discharge, except as may be necessary in the course of the
minor's lawful employment.
(d) An offender sentenced to probation or to conditional
discharge shall be given a certificate setting forth the
conditions thereof.
(e) Except where the offender has committed a fourth or
subsequent violation of subsection (c) of Section 6-303 of the
Illinois Vehicle Code, the court shall not require as a
condition of the sentence of probation or conditional discharge
that the offender be committed to a period of imprisonment in
excess of 6 months. This 6 month limit shall not include
periods of confinement given pursuant to a sentence of county
impact incarceration under Section 5-8-1.2.
Persons committed to imprisonment as a condition of
probation or conditional discharge shall not be committed to
the Department of Corrections.
(f) The court may combine a sentence of periodic
imprisonment under Article 7 or a sentence to a county impact
incarceration program under Article 8 with a sentence of
probation or conditional discharge.
(g) An offender sentenced to probation or to conditional

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discharge and who during the term of either undergoes mandatory
drug or alcohol testing, or both, or is assigned to be placed
on an approved electronic monitoring device, shall be ordered
to pay all costs incidental to such mandatory drug or alcohol
testing, or both, and all costs incidental to such approved
electronic monitoring in accordance with the defendant's
ability to pay those costs. The county board with the
concurrence of the Chief Judge of the judicial circuit in which
the county is located shall establish reasonable fees for the
cost of maintenance, testing, and incidental expenses related
to the mandatory drug or alcohol testing, or both, and all
costs incidental to approved electronic monitoring, involved
in a successful probation program for the county. The
concurrence of the Chief Judge shall be in the form of an
administrative order. The fees shall be collected by the clerk
of the circuit court, except as provided in an administrative
order of the Chief Judge of the circuit court. The clerk of the
circuit court shall pay all moneys collected from these fees to
the county treasurer who shall use the moneys collected to
defray the costs of drug testing, alcohol testing, and
electronic monitoring. The county treasurer shall deposit the
fees collected in the county working cash fund under Section
6-27001 or Section 6-29002 of the Counties Code, as the case
may be. The Chief Judge of the circuit court of the county may
by administrative order establish a program for electronic
monitoring of offenders, in which a vendor supplies and

10000HB0184ham001 - 164 - LRB100 03302 RLC 30130 a
monitors the operation of the electronic monitoring device, and
collects the fees on behalf of the county. The program shall
include provisions for indigent offenders and the collection of
unpaid fees. The program shall not unduly burden the offender
and shall be subject to review by the Chief Judge.
The Chief Judge of the circuit court may suspend any
additional charges or fees for late payment, interest, or
damage to any device.
(h) Jurisdiction over an offender may be transferred from
the sentencing court to the court of another circuit with the
concurrence of both courts. Further transfers or retransfers of
jurisdiction are also authorized in the same manner. The court
to which jurisdiction has been transferred shall have the same
powers as the sentencing court. The probation department within
the circuit to which jurisdiction has been transferred, or
which has agreed to provide supervision, may impose probation
fees upon receiving the transferred offender, as provided in
subsection (i). For all transfer cases, as defined in Section
9b of the Probation and Probation Officers Act, the probation
department from the original sentencing court shall retain all
probation fees collected prior to the transfer. After the
transfer all probation fees shall be paid to the probation
department within the circuit to which jurisdiction has been
transferred.
(i) The court shall impose upon an offender sentenced to
probation after January 1, 1989 or to conditional discharge

10000HB0184ham001 - 165 - LRB100 03302 RLC 30130 a
after January 1, 1992 or to community service under the
supervision of a probation or court services department after
January 1, 2004, as a condition of such probation or
conditional discharge or supervised community service, a fee of
$50 for each month of probation or conditional discharge
supervision or supervised community service ordered by the
court, unless after determining the inability of the person
sentenced to probation or conditional discharge or supervised
community service to pay the fee, the court assesses a lesser
fee. The court may not impose the fee on a minor who is made a
ward of the State under the Juvenile Court Act of 1987 while
the minor is in placement. The fee shall be imposed only upon
an offender who is actively supervised by the probation and
court services department. The fee shall be collected by the
clerk of the circuit court. The clerk of the circuit court
shall pay all monies collected from this fee to the county
treasurer for deposit in the probation and court services fund
under Section 15.1 of the Probation and Probation Officers Act.
A circuit court may not impose a probation fee under this
subsection (i) in excess of $25 per month unless the circuit
court has adopted, by administrative order issued by the chief
judge, a standard probation fee guide determining an offender's
ability to pay Of the amount collected as a probation fee, up
to $5 of that fee collected per month may be used to provide
services to crime victims and their families.
The Court may only waive probation fees based on an

10000HB0184ham001 - 166 - LRB100 03302 RLC 30130 a
offender's ability to pay. The probation department may
re-evaluate an offender's ability to pay every 6 months, and,
with the approval of the Director of Court Services or the
Chief Probation Officer, adjust the monthly fee amount. An
offender may elect to pay probation fees due in a lump sum. Any
offender that has been assigned to the supervision of a
probation department, or has been transferred either under
subsection (h) of this Section or under any interstate compact,
shall be required to pay probation fees to the department
supervising the offender, based on the offender's ability to
pay.
This amendatory Act of the 93rd General Assembly deletes
the $10 increase in the fee under this subsection that was
imposed by Public Act 93-616. This deletion is intended to
control over any other Act of the 93rd General Assembly that
retains or incorporates that fee increase.
(i-5) In addition to the fees imposed under subsection (i)
of this Section, in the case of an offender convicted of a
felony sex offense (as defined in the Sex Offender Management
Board Act) or an offense that the court or probation department
has determined to be sexually motivated (as defined in the Sex
Offender Management Board Act), the court or the probation
department shall assess additional fees to pay for all costs of
treatment, assessment, evaluation for risk and treatment, and
monitoring the offender, based on that offender's ability to
pay those costs either as they occur or under a payment plan.

10000HB0184ham001 - 167 - LRB100 03302 RLC 30130 a
(j) All fines and costs imposed under this Section for any
violation of Chapters 3, 4, 6, and 11 of the Illinois Vehicle
Code, or a similar provision of a local ordinance, and any
violation of the Child Passenger Protection Act, or a similar
provision of a local ordinance, shall be collected and
disbursed by the circuit clerk as provided under Section 27.5
of the Clerks of Courts Act.
(k) Any offender who is sentenced to probation or
conditional discharge for a felony sex offense as defined in
the Sex Offender Management Board Act or any offense that the
court or probation department has determined to be sexually
motivated as defined in the Sex Offender Management Board Act
shall be required to refrain from any contact, directly or
indirectly, with any persons specified by the court and shall
be available for all evaluations and treatment programs
required by the court or the probation department.
(l) The court may order an offender who is sentenced to
probation or conditional discharge for a violation of an order
of protection be placed under electronic surveillance as
provided in Section 5-8A-7 of this Code.
(Source: P.A. 98-575, eff. 1-1-14; 98-718, eff. 1-1-15; 99-143,
eff. 7-27-15; 99-797, eff. 8-12-16.)
(730 ILCS 5/5-6-3.3)
(Text of Section before amendment by P.A. 100-3)
Sec. 5-6-3.3. Offender Initiative Program.

10000HB0184ham001 - 168 - LRB100 03302 RLC 30130 a
(a) Statement of purpose. The General Assembly seeks to
continue other successful programs that promote public safety,
conserve valuable resources, and reduce recidivism by
defendants who can lead productive lives by creating the
Offender Initiative Program.
(a-1) Whenever any person who has not previously been
convicted of, or placed on probation or conditional discharge
for, any felony offense under the laws of this State, the laws
of any other state, or the laws of the United States, is
arrested for and charged with a probationable felony offense of
theft, retail theft, forgery, possession of a stolen motor
vehicle, burglary, possession of burglary tools, possession of
cannabis, possession of a controlled substance, or possession
of methamphetamine, the court, with the consent of the
defendant and the State's Attorney, may continue this matter to
allow a defendant to participate and complete the Offender
Initiative Program.
(a-2) Exemptions. A defendant shall not be eligible for
this Program if the offense he or she has been arrested for and
charged with is a violent offense. For purposes of this
Program, a "violent offense" is any offense where bodily harm
was inflicted or where force was used against any person or
threatened against any person, any offense involving sexual
conduct, sexual penetration, or sexual exploitation, any
offense of domestic violence, domestic battery, violation of an
order of protection, stalking, hate crime, driving under the

10000HB0184ham001 - 169 - LRB100 03302 RLC 30130 a
influence of drugs or alcohol, and any offense involving the
possession of a firearm or dangerous weapon. A defendant shall
not be eligible for this Program if he or she has previously
been adjudicated a delinquent minor for the commission of a
violent offense as defined in this subsection.
(b) When a defendant is placed in the Program, after both
the defendant and State's Attorney waive preliminary hearing
pursuant to Section 109-3 of the Code of Criminal Procedure of
1963, the court shall enter an order specifying that the
proceedings shall be suspended while the defendant is
participating in a Program of not less 12 months.
(c) The conditions of the Program shall be that the
defendant:
(1) not violate any criminal statute of this State or
any other jurisdiction;
(2) refrain from possessing a firearm or other
dangerous weapon;
(3) make full restitution to the victim or property
owner pursuant to Section 5-5-6 of this Code;
(4) obtain employment or perform not less than 30 hours
of community service, provided community service is
available in the county and is funded and approved by the
county board; and
(5) attend educational courses designed to prepare the
defendant for obtaining a high school diploma or to work
toward passing high school equivalency testing or to work

10000HB0184ham001 - 170 - LRB100 03302 RLC 30130 a
toward completing a vocational training program.
(c-1) The court may give credit toward the fulfillment of
community service hours for participation in activities and
treatment as determined by court services.
(d) The court may, in addition to other conditions, require
that the defendant:
(1) undergo medical or psychiatric treatment, or
treatment or rehabilitation approved by the Illinois
Department of Human Services;
(2) refrain from having in his or her body the presence
of any illicit drug prohibited by the Methamphetamine
Control and Community Protection Act, the Cannabis Control
Act or the Illinois Controlled Substances Act, unless
prescribed by a physician, and submit samples of his or her
blood or urine or both for tests to determine the presence
of any illicit drug;
(3) submit to periodic drug testing at a time, manner,
and frequency as ordered by the court;
(4) pay fines, fees and costs; and
(5) in addition, if a minor:
(i) reside with his or her parents or in a foster
home;
(ii) attend school;
(iii) attend a non-residential program for youth;
or
(iv) contribute to his or her own support at home

10000HB0184ham001 - 171 - LRB100 03302 RLC 30130 a
or in a foster home.
(e) When the State's Attorney makes a factually specific
offer of proof that the defendant has failed to successfully
complete the Program or has violated any of the conditions of
the Program, the court shall enter an order that the defendant
has not successfully completed the Program and continue the
case for arraignment pursuant to Section 113-1 of the Code of
Criminal Procedure of 1963 for further proceedings as if the
defendant had not participated in the Program.
(f) Upon fulfillment of the terms and conditions of the
Program, the State's Attorney shall dismiss the case or the
court shall discharge the person and dismiss the proceedings
against the person.
(g) There may be only one discharge and dismissal under
this Section with respect to any person.
(h) Notwithstanding subsection (a-1), if the court finds
that the defendant suffers from a substance abuse problem, then
before the person participates in the Program under this
Section, the court may refer the person to the drug court
established in that judicial circuit pursuant to Section 15 of
the Drug Court Treatment Act. The drug court team shall
evaluate the person's likelihood of successfully fulfilling
the terms and conditions of the Program under this Section and
shall report the results of its evaluation to the court. If the
drug court team finds that the person suffers from a substance
abuse problem that makes him or her substantially unlikely to

10000HB0184ham001 - 172 - LRB100 03302 RLC 30130 a
successfully fulfill the terms and conditions of the Program,
then the drug court shall set forth its findings in the form of
a written order, and the person shall be ineligible to
participate in the Program under this Section, but may be
considered for the drug court program.
(Source: P.A. 98-718, eff. 1-1-15; 99-480, eff. 9-9-15.)
(Text of Section after amendment by P.A. 100-3)
Sec. 5-6-3.3. Offender Initiative Program.
(a) Statement of purpose. The General Assembly seeks to
continue other successful programs that promote public safety,
conserve valuable resources, and reduce recidivism by
defendants who can lead productive lives by creating the
Offender Initiative Program.
(a-1) Whenever any person who has not previously been
convicted of any felony offense under the laws of this State,
the laws of any other state, or the laws of the United States,
is arrested for and charged with a probationable felony offense
of theft, retail theft, forgery, possession of a stolen motor
vehicle, burglary, possession of burglary tools, deceptive
practices, disorderly conduct, criminal damage or trespass to
property under Article 21 of the Criminal Code of 2012,
criminal trespass to a residence, obstructing justice, or an
offense involving fraudulent identification, or possession of
cannabis, possession of a controlled substance, or possession
of methamphetamine, the court, with the consent of the

10000HB0184ham001 - 173 - LRB100 03302 RLC 30130 a
defendant and the State's Attorney, may continue this matter to
allow a defendant to participate and complete the Offender
Initiative Program.
(a-2) Exemptions. A defendant shall not be eligible for
this Program if the offense he or she has been arrested for and
charged with is a violent offense. For purposes of this
Program, a "violent offense" is any offense where bodily harm
was inflicted or where force was used against any person or
threatened against any person, any offense involving sexual
conduct, sexual penetration, or sexual exploitation, any
offense of domestic violence, domestic battery, violation of an
order of protection, stalking, hate crime, and any offense
involving the possession of a firearm or dangerous weapon. A
defendant shall not be eligible for this Program if he or she
has previously been adjudicated a delinquent minor for the
commission of a violent offense as defined in this subsection.
(b) When a defendant is placed in the Program, after both
the defendant and State's Attorney waive preliminary hearing
pursuant to Section 109-3 of the Code of Criminal Procedure of
1963, the court shall enter an order specifying that the
proceedings shall be suspended while the defendant is
participating in a Program of not less 12 months.
(c) The conditions of the Program shall be that the
defendant:
(1) not violate any criminal statute of this State or
any other jurisdiction;

10000HB0184ham001 - 174 - LRB100 03302 RLC 30130 a
(2) refrain from possessing a firearm or other
dangerous weapon;
(3) make full restitution to the victim or property
owner pursuant to Section 5-5-6 of this Code;
(4) obtain employment or perform not less than 30 hours
of community service, provided community service is
available in the county and is funded and approved by the
county board; and
(5) attend educational courses designed to prepare the
defendant for obtaining a high school diploma or to work
toward passing high school equivalency testing or to work
toward completing a vocational training program.
(c-1) The court may give credit toward the fulfillment of
community service hours for participation in activities and
treatment as determined by court services.
(d) The court may, in addition to other conditions, require
that the defendant:
(1) undergo medical or psychiatric treatment, or
treatment or rehabilitation approved by the Illinois
Department of Human Services;
(2) refrain from having in his or her body the presence
of any illicit drug prohibited by the Methamphetamine
Control and Community Protection Act, the Cannabis Control
Act or the Illinois Controlled Substances Act, unless
prescribed by a physician, and submit samples of his or her
blood or urine or both for tests to determine the presence

10000HB0184ham001 - 175 - LRB100 03302 RLC 30130 a
of any illicit drug;
(3) submit to periodic drug testing at a time, manner,
and frequency as ordered by the court;
(4) pay fines, fees and costs; and
(5) in addition, if a minor:
(i) reside with his or her parents or in a foster
home;
(ii) attend school;
(iii) attend a non-residential program for youth;
or
(iv) contribute to his or her own support at home
or in a foster home.
(e) When the State's Attorney makes a factually specific
offer of proof that the defendant has failed to successfully
complete the Program or has violated any of the conditions of
the Program, the court shall enter an order that the defendant
has not successfully completed the Program and continue the
case for arraignment pursuant to Section 113-1 of the Code of
Criminal Procedure of 1963 for further proceedings as if the
defendant had not participated in the Program.
(f) Upon fulfillment of the terms and conditions of the
Program, the State's Attorney shall dismiss the case or the
court shall discharge the person and dismiss the proceedings
against the person.
(g) A person may only have one discharge and dismissal
under this Section within a 4-year period.

10000HB0184ham001 - 176 - LRB100 03302 RLC 30130 a
(h) Notwithstanding subsection (a-1), if the court finds
that the defendant suffers from a substance abuse problem, then
before the person participates in the Program under this
Section, the court may refer the person to the drug court
established in that judicial circuit pursuant to Section 15 of
the Drug Court Treatment Act. The drug court team shall
evaluate the person's likelihood of successfully fulfilling
the terms and conditions of the Program under this Section and
shall report the results of its evaluation to the court. If the
drug court team finds that the person suffers from a substance
abuse problem that makes him or her substantially unlikely to
successfully fulfill the terms and conditions of the Program,
then the drug court shall set forth its findings in the form of
a written order, and the person shall be ineligible to
participate in the Program under this Section, but shall be
considered for the drug court program.
(Source: P.A. 99-480, eff. 9-9-15; 100-3, eff. 1-1-18.)
(730 ILCS 5/5-6-3.4)
(Text of Section before amendment by P.A. 100-3)
Sec. 5-6-3.4. Second Chance Probation.
(a) Whenever any person who has not previously been
convicted of, or placed on probation or conditional discharge
for, any felony offense under the laws of this State, the laws
of any other state, or the laws of the United States, including
probation under Section 410 of the Illinois Controlled

10000HB0184ham001 - 177 - LRB100 03302 RLC 30130 a
Substances Act, Section 70 of the Methamphetamine Control and
Community Protection Act, Section 10 of the Cannabis Control
Act, subsection (c) of Section 11-14 of the Criminal Code of
2012, Treatment Alternatives for Criminal Justice Clients
(TASC) under Article 40 of the Alcoholism and Other Drug Abuse
and Dependency Act, or prior successful completion of the
Offender Initiative Program under Section 5-6-3.3 of this Code,
and pleads guilty to, or is found guilty of, a probationable
felony offense of possession of a controlled substance that is
punishable as a Class 4 felony; possession of methamphetamine
that is punishable as a Class 4 felony; theft that is
punishable as a Class 3 felony based on the value of the
property or punishable as a Class 4 felony if the theft was
committed in a school or place of worship or if the theft was
of governmental property; retail theft that is punishable as a
Class 3 felony based on the value of the property; criminal
damage to property that is punishable as a Class 4 felony;
criminal damage to government supported property that is
punishable as a Class 4 felony; or possession of cannabis which
is punishable as a Class 4 felony, the court, with the consent
of the defendant and the State's Attorney, may, without
entering a judgment, sentence the defendant to probation under
this Section.
(a-1) Exemptions. A defendant is not eligible for this
probation if the offense he or she pleads guilty to, or is
found guilty of, is a violent offense, or he or she has

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previously been convicted of a violent offense. For purposes of
this probation, a "violent offense" is any offense where bodily
harm was inflicted or where force was used against any person
or threatened against any person, any offense involving sexual
conduct, sexual penetration, or sexual exploitation, any
offense of domestic violence, domestic battery, violation of an
order of protection, stalking, hate crime, driving under the
influence of drugs or alcohol, and any offense involving the
possession of a firearm or dangerous weapon. A defendant shall
not be eligible for this probation if he or she has previously
been adjudicated a delinquent minor for the commission of a
violent offense as defined in this subsection.
(b) When a defendant is placed on probation, the court
shall enter an order specifying a period of probation of not
less than 24 months and shall defer further proceedings in the
case until the conclusion of the period or until the filing of
a petition alleging violation of a term or condition of
probation.
(c) The conditions of probation shall be that the
defendant:
(1) not violate any criminal statute of this State or
any other jurisdiction;
(2) refrain from possessing a firearm or other
dangerous weapon;
(3) make full restitution to the victim or property
owner under Section 5-5-6 of this Code;

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(4) obtain or attempt to obtain employment;
(5) pay fines and costs;
(6) attend educational courses designed to prepare the
defendant for obtaining a high school diploma or to work
toward passing high school equivalency testing or to work
toward completing a vocational training program;
(7) submit to periodic drug testing at a time and in a
manner as ordered by the court, but no less than 3 times
during the period of probation, with the cost of the
testing to be paid by the defendant; and
(8) perform a minimum of 30 hours of community service.
The court may give credit toward the fulfillment of
community service hours for participation in activities
and treatment as determined by court services.
(d) The court may, in addition to other conditions, require
that the defendant:
(1) make a report to and appear in person before or
participate with the court or such courts, person, or
social service agency as directed by the court in the order
of probation;
(2) undergo medical or psychiatric treatment, or
treatment or rehabilitation approved by the Illinois
Department of Human Services;
(3) attend or reside in a facility established for the
instruction or residence of defendants on probation;
(4) support his or her dependents; or

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(5) refrain from having in his or her body the presence
of any illicit drug prohibited by the Methamphetamine
Control and Community Protection Act, the Cannabis Control
Act, or the Illinois Controlled Substances Act, unless
prescribed by a physician, and submit samples of his or her
blood or urine or both for tests to determine the presence
of any illicit drug.
(e) Upon violation of a term or condition of probation, the
court may enter a judgment on its original finding of guilt and
proceed as otherwise provided by law.
(f) Upon fulfillment of the terms and conditions of
probation, the court shall discharge the person and dismiss the
proceedings against the person.
(g) A disposition of probation is considered to be a
conviction for the purposes of imposing the conditions of
probation and for appeal; however, a discharge and dismissal
under this Section is not a conviction for purposes of this
Code or for purposes of disqualifications or disabilities
imposed by law upon conviction of a crime.
(h) There may be only one discharge and dismissal under
this Section, Section 410 of the Illinois Controlled Substances
Act, Section 70 of the Methamphetamine Control and Community
Protection Act, Section 10 of the Cannabis Control Act,
Treatment Alternatives for Criminal Justice Clients (TASC)
under Article 40 of the Alcoholism and Other Drug Abuse and
Dependency Act, the Offender Initiative Program under Section

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5-6-3.3 of this Code, and subsection (c) of Section 11-14 of
the Criminal Code of 2012 with respect to any person.
(i) If a person is convicted of any offense which occurred
within 5 years subsequent to a discharge and dismissal under
this Section, the discharge and dismissal under this Section
shall be admissible in the sentencing proceeding for that
conviction as evidence in aggravation.
(j) Notwithstanding subsection (a), if the court finds that
the defendant suffers from a substance abuse problem, then
before the person is placed on probation under this Section,
the court may refer the person to the drug court established in
that judicial circuit pursuant to Section 15 of the Drug Court
Treatment Act. The drug court team shall evaluate the person's
likelihood of successfully fulfilling the terms and conditions
of probation under this Section and shall report the results of
its evaluation to the court. If the drug court team finds that
the person suffers from a substance abuse problem that makes
him or her substantially unlikely to successfully fulfill the
terms and conditions of probation under this Section, then the
drug court shall set forth its findings in the form of a
written order, and the person shall be ineligible to be placed
on probation under this Section, but may be considered for the
drug court program.
(Source: P.A. 98-164, eff. 1-1-14; 98-718, eff. 1-1-15; 99-480,
eff. 9-9-15.)

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(Text of Section after amendment by P.A. 100-3)
Sec. 5-6-3.4. Second Chance Probation.
(a) Whenever any person who has not previously been
convicted of any felony offense under the laws of this State,
the laws of any other state, or the laws of the United States,
and pleads guilty to, or is found guilty of, possession of less
than 15 grams of a controlled substance; possession of less
than 15 grams of methamphetamine; or a probationable felony
offense of possession of cannabis, theft, retail theft,
forgery, deceptive practices, possession of a stolen motor
vehicle, burglary, possession of burglary tools, disorderly
conduct, criminal damage or trespass to property under Article
21 of the Criminal Code of 2012, criminal trespass to a
residence, an offense involving fraudulent identification, or
obstructing justice; or possession of cannabis, the court, with
the consent of the defendant and the State's Attorney, may,
without entering a judgment, sentence the defendant to
probation under this Section.
(a-1) Exemptions. A defendant is not eligible for this
probation if the offense he or she pleads guilty to, or is
found guilty of, is a violent offense, or he or she has
previously been convicted of a violent offense. For purposes of
this probation, a "violent offense" is any offense where bodily
harm was inflicted or where force was used against any person
or threatened against any person, any offense involving sexual
conduct, sexual penetration, or sexual exploitation, any

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offense of domestic violence, domestic battery, violation of an
order of protection, stalking, hate crime, and any offense
involving the possession of a firearm or dangerous weapon. A
defendant shall not be eligible for this probation if he or she
has previously been adjudicated a delinquent minor for the
commission of a violent offense as defined in this subsection.
(b) When a defendant is placed on probation, the court
shall enter an order specifying a period of probation of not
less than 24 months and shall defer further proceedings in the
case until the conclusion of the period or until the filing of
a petition alleging violation of a term or condition of
probation.
(c) The conditions of probation shall be that the
defendant:
(1) not violate any criminal statute of this State or
any other jurisdiction;
(2) refrain from possessing a firearm or other
dangerous weapon;
(3) make full restitution to the victim or property
owner under Section 5-5-6 of this Code;
(4) obtain or attempt to obtain employment;
(5) pay fines and costs;
(6) attend educational courses designed to prepare the
defendant for obtaining a high school diploma or to work
toward passing high school equivalency testing or to work
toward completing a vocational training program;

10000HB0184ham001 - 184 - LRB100 03302 RLC 30130 a
(7) submit to periodic drug testing at a time and in a
manner as ordered by the court, but no less than 3 times
during the period of probation, with the cost of the
testing to be paid by the defendant; and
(8) perform a minimum of 30 hours of community service.
The court may give credit toward the fulfillment of
community service hours for participation in activities
and treatment as determined by court services.
(d) The court may, in addition to other conditions, require
that the defendant:
(1) make a report to and appear in person before or
participate with the court or such courts, person, or
social service agency as directed by the court in the order
of probation;
(2) undergo medical or psychiatric treatment, or
treatment or rehabilitation approved by the Illinois
Department of Human Services;
(3) attend or reside in a facility established for the
instruction or residence of defendants on probation;
(4) support his or her dependents; or
(5) refrain from having in his or her body the presence
of any illicit drug prohibited by the Methamphetamine
Control and Community Protection Act, the Cannabis Control
Act, or the Illinois Controlled Substances Act, unless
prescribed by a physician, and submit samples of his or her
blood or urine or both for tests to determine the presence

10000HB0184ham001 - 185 - LRB100 03302 RLC 30130 a
of any illicit drug.
(e) Upon violation of a term or condition of probation, the
court may enter a judgment on its original finding of guilt and
proceed as otherwise provided by law.
(f) Upon fulfillment of the terms and conditions of
probation, the court shall discharge the person and dismiss the
proceedings against the person.
(g) A disposition of probation is considered to be a
conviction for the purposes of imposing the conditions of
probation and for appeal; however, a discharge and dismissal
under this Section is not a conviction for purposes of this
Code or for purposes of disqualifications or disabilities
imposed by law upon conviction of a crime.
(h) A person may only have one discharge and dismissal
under this Section within a 4-year period.
(i) If a person is convicted of any offense which occurred
within 5 years subsequent to a discharge and dismissal under
this Section, the discharge and dismissal under this Section
shall be admissible in the sentencing proceeding for that
conviction as evidence in aggravation.
(j) Notwithstanding subsection (a), if the court finds that
the defendant suffers from a substance abuse problem, then
before the person is placed on probation under this Section,
the court may refer the person to the drug court established in
that judicial circuit pursuant to Section 15 of the Drug Court
Treatment Act. The drug court team shall evaluate the person's

10000HB0184ham001 - 186 - LRB100 03302 RLC 30130 a
likelihood of successfully fulfilling the terms and conditions
of probation under this Section and shall report the results of
its evaluation to the court. If the drug court team finds that
the person suffers from a substance abuse problem that makes
him or her substantially unlikely to successfully fulfill the
terms and conditions of probation under this Section, then the
drug court shall set forth its findings in the form of a
written order, and the person shall be ineligible to be placed
on probation under this Section, but shall be considered for
the drug court program.
(Source: P.A. 99-480, eff. 9-9-15; 100-3, eff. 1-1-18.)
(730 ILCS 5/5-8A-3) (from Ch. 38, par. 1005-8A-3)
Sec. 5-8A-3. Application.
(a) Except as provided in subsection (d), a person charged
with or convicted of an excluded offense may not be placed in
an electronic monitoring or home detention program, except for
bond pending trial or appeal or while on parole, aftercare
release, or mandatory supervised release.
(b) A person serving a sentence for a conviction of a Class
1 felony, other than an excluded offense, may be placed in an
electronic monitoring or home detention program for a period
not to exceed the last 90 days of incarceration.
(c) A person serving a sentence for a conviction of a Class
X felony, other than an excluded offense, may be placed in an
electronic monitoring or home detention program for a period

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not to exceed the last 90 days of incarceration, provided that
the person was sentenced on or after August 11, 1993 (the
effective date of Public Act 88-311) and provided that the
court has not prohibited the program for the person in the
sentencing order.
(d) A person serving a sentence for conviction of an
offense other than for predatory criminal sexual assault of a
child, aggravated criminal sexual assault, criminal sexual
assault, aggravated criminal sexual abuse, or felony criminal
sexual abuse, may be placed in an electronic monitoring or home
detention program for a period not to exceed the last 12 months
of incarceration, provided that (i) the person is 55 years of
age or older; (ii) the person is serving a determinate
sentence; (iii) the person has served at least 25% of the
sentenced prison term; and (iv) placement in an electronic
monitoring or home detention program is approved by the
Prisoner Review Board or the Department of Juvenile Justice.
(e) A person serving a sentence for conviction of a Class
2, 3, or 4 felony offense which is not an excluded offense may
be placed in an electronic monitoring or home detention program
pursuant to Department administrative directives. These
directives shall encourage inmates to apply for electronic
detention to incentivize positive behavior and program
participation prior to and following their return to the
community, consistent with Section 5-8A-4.2 of this Code. These
directives shall not prohibit application solely for prior

10000HB0184ham001 - 188 - LRB100 03302 RLC 30130 a
mandatory supervised release violation history, outstanding
municipal warrants, current security classification, and prior
criminal history, though these factors may be considered when
reviewing individual applications in conjunction with
additional factors, such as the applicant's institution
behavior, program participation, and reentry plan.
(f) Applications for electronic monitoring or home
detention may include the following:
(1) pretrial or pre-adjudicatory detention;
(2) probation;
(3) conditional discharge;
(4) periodic imprisonment;
(5) parole, aftercare release, or mandatory supervised
release;
(6) work release;
(7) furlough; or
(8) post-trial incarceration.
(g) A person convicted of an offense described in clause
(4) or (5) of subsection (d) of Section 5-8-1 of this Code
shall be placed in an electronic monitoring or home detention
program for at least the first 2 years of the person's
mandatory supervised release term.
(Source: P.A. 99-628, eff. 1-1-17; 99-797, eff. 8-12-16;
100-201, eff. 8-18-17; 100-431, eff. 8-25-17.)

10000HB0184ham001 - 189 - LRB100 03302 RLC 30130 a
(730 ILCS 5/5-8A-4.2 new)
Sec. 5-8A-4.2. Successful transition to the community.
(a) The Department shall engage in reentry planning to
include individualized case planning for persons preparing to
be released to the community. This planning shall begin at
intake and be supported throughout the term of incarceration,
with a focused emphasis in the year prior to the inmate's
mandatory statutory release date. All inmates within one year
of their mandatory statutory release data shall be deemed to be
in reentry status. The Department shall develop administrative
directives to define reentry status based on the requirements
of this Section.
(b) The Department shall develop incentives to increase
program and treatment participation, positive behavior, and
readiness to change.
(c) The Department shall coordinate with, and provide
access for, community partners and State and local government
agencies to support successful transitions through assistance
in planning and by providing appropriate programs to inmates in
reentry status. The Department shall work with community
partners and appropriate state agencies to support the
successful transitions through assistance in planning and by
providing appropriate programs to persons prior to release.
Release planning shall include, but is not limited to:
(1) necessary documentation to include birth
certificate, social security card, and identification

10000HB0184ham001 - 190 - LRB100 03302 RLC 30130 a
card;
(2) vocational or educational short-term and long-term
goals;
(3) financial literacy and planning to include
payments of fines, fees, restitution, child support, and
other debt;
(4) access to healthcare, mental healthcare, and
chemical dependency treatment;
(5) living and transportation arrangements; and
(6) family reunification, if appropriate, and
pro-social support networks.
(d) The Department shall expand the use of electronic
detention to support more successful transitions through a more
graduated reintegration into the community. The Department
shall transition 150 persons through electronic detention by
fiscal year 2019 and 300 during fiscal year 2020. The General
Assembly shall assess these transitions in fiscal year 2021 and
set additional benchmarks as appropriate.
(e) The Illinois Housing Development Authority shall
create a Frequent Users Systems Engagement (FUSE) Re-Entry
rental subsidy supportive housing program for the most
vulnerable persons exiting the Department of Corrections. The
Re-Entry rental subsidy supportive housing program shall be
targeted to persons with disabilities who have a history of
incarcerations, hospitalizations, and homelessness. The
Illinois Housing Development Authority, the Department of

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Human Services Statewide Housing Coordinator, stakeholders,
and the Department of Corrections shall adopt policies and
procedures for the FUSE Re-Entry rental subsidy supportive
housing program including eligibility criteria, geographic
distribution, and documentation requirements which are similar
to the Rental Housing Support Program. The funding formula for
this program shall be developed by calculating the number of
prison bed days saved through the timely releases that would
not be possible but for the Re-Entry rental subsidy supportive
housing program. Funding shall include administrative costs
for the Illinois Housing Development Authority to operate the
program.
(f) The Department shall report to the General Assembly on
or before January 1, 2019, and annually thereafter, on these
activities to support successful transitions to the community.
This report shall include the following information regarding
persons released from the Department:
(1) the total number of persons released each year
listed by county;
(2) the number of persons assessed as having a high or
moderate criminogenic need who have completed programming
addressing that criminogenic need prior to release listed
by program and county;
(3) the number of persons released in the reporting
year who have engaged in pre-release planning prior to
their release listed by county;

10000HB0184ham001 - 192 - LRB100 03302 RLC 30130 a
(4) the number of persons who have been released to
electronic detention prior to their mandatory supervised
release date;
(5) the number of persons who have been released after
their mandatory supervised release date, average time past
mandatory supervised release date, and reasons held past
mandatory supervised release date; and
(6) when implemented, the number of Frequent Users
Systems Engagement (FUSE) Re-Entry rental subsidy
supportive housing program participants and average prison
bed days saved.
Section 35. The Crime Victims Compensation Act is amended
by changing Section 6.1 as follows:
(740 ILCS 45/6.1) (from Ch. 70, par. 76.1)
Sec. 6.1. Right to compensation. A person is entitled to
compensation under this Act if:
(a) Within 2 years of the occurrence of the crime, or
within one year after a criminal charge of a person for an
offense, upon which the claim is based, he files an
application, under oath, with the Court of Claims and on a
form prescribed in accordance with Section 7.1 furnished by
the Attorney General. If the person entitled to
compensation is under 18 years of age or under other legal
disability at the time of the occurrence or is determined

10000HB0184ham001 - 193 - LRB100 03302 RLC 30130 a
by a court to be under a legal disability as a result of
the occurrence, he may file the application required by
this subsection within 2 years after he attains the age of
18 years or the disability is removed, as the case may be.
Legal disability includes a diagnosis of posttraumatic
stress disorder.
(b) For all crimes of violence, except those listed in
subsection (b-1) of this Section, the appropriate law
enforcement officials were notified within 72 hours of the
perpetration of the crime allegedly causing the death or
injury to the victim or, in the event such notification was
made more than 72 hours after the perpetration of the
crime, the applicant establishes that such notice was
timely under the circumstances.
(b-1) For victims of offenses defined in Sections
11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-13, 12-14,
12-14.1, 12-15, and 12-16 of the Criminal Code of 1961 or
the Criminal Code of 2012, the appropriate law enforcement
officials were notified within 7 days of the perpetration
of the crime allegedly causing death or injury to the
victim or, in the event that the notification was made more
than 7 days after the perpetration of the crime, the
applicant establishes that the notice was timely under the
circumstances. If the applicant or victim has obtained an
order of protection, a civil no contact order, or a
stalking no contact order, or has presented himself or

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herself to a hospital for sexual assault evidence
collection and medical care, such action shall constitute
appropriate notification under this subsection (b-1) or
subsection (b) of this Section.
(c) The applicant has cooperated with law enforcement
officials in the apprehension and prosecution of the
assailant, except an applicant who was under 18 years of
age at the time of the commission of the crime of violence
and who suffers emotional or psychological injury, the
proximate cause of which was the crime of violence, and who
is not eligible for reimbursement of the costs of
outpatient mental health counseling under this Act, shall
be eligible for reimbursement under this subsection (c), by
submitting to the provider, on a form prescribed by the
Attorney General, information in support of reimbursement
of the costs of outpatient mental health counseling, which
the provider shall submit to the Court of Claims. If the
applicant or victim has obtained an order of protection, a
civil no contact order, or a stalking no contact order or
has presented himself or herself to a hospital for sexual
assault evidence collection and medical care, such action
shall constitute cooperation under this subsection (c).
(d) The applicant is not the offender or an accomplice
of the offender and the award would not unjustly benefit
the offender or his accomplice.
(e) The injury to or death of the victim was not

10000HB0184ham001 - 195 - LRB100 03302 RLC 30130 a
substantially attributable to his own wrongful act and was
not substantially provoked by the victim.
(f) For victims of offenses defined in Section 10-9 of
the Criminal Code of 2012, the victim submits a statement
under oath on a form prescribed by the Attorney General
attesting that the removed tattoo was applied in connection
with the commission of the offense.
(Source: P.A. 98-435, eff. 1-1-14; 99-143, eff. 7-27-15.)
Section 95. No acceleration or delay. Where this Act makes
changes in a statute that is represented in this Act by text
that is not yet or no longer in effect (for example, a Section
represented by multiple versions), the use of that text does
not accelerate or delay the taking effect of (i) the changes
made by this Act or (ii) provisions derived from any other
Public Act.
Section 99. Effective date. This Act takes effect upon
becoming law.".