Bill Text: IL HB0262 | 2009-2010 | 96th General Assembly | Introduced
Bill Title: Amends various Acts to abolish the death penalty. Provides that on or after the effective date of this amendatory Act no person may be executed. Requires resentencing of those already sentenced to death. Effective immediately.
Spectrum: Partisan Bill (Democrat 22-0)
Status: (Introduced - Dead) 2009-10-29 - Added Co-Sponsor Rep. Greg Harris [HB0262 Detail]
Download: Illinois-2009-HB0262-Introduced.html
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1 | AN ACT to abolish the death penalty.
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2 | Be it enacted by the People of the State of Illinois, | |||||||||||||||||||
3 | represented in the General Assembly:
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4 | Section 5. The Freedom of Information Act is amended by | |||||||||||||||||||
5 | changing Section 7 as follows:
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6 | (5 ILCS 140/7) (from Ch. 116, par. 207) | |||||||||||||||||||
7 | (Text of Section before amendment by P.A. 95-988 ) | |||||||||||||||||||
8 | Sec. 7. Exemptions.
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9 | (1) The following shall be exempt from inspection and | |||||||||||||||||||
10 | copying:
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11 | (a) Information specifically prohibited from | |||||||||||||||||||
12 | disclosure by federal or
State law or rules and regulations | |||||||||||||||||||
13 | adopted under federal or State law.
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14 | (b) Information that, if disclosed, would constitute a | |||||||||||||||||||
15 | clearly
unwarranted invasion of personal privacy, unless | |||||||||||||||||||
16 | the disclosure is
consented to in writing by the individual | |||||||||||||||||||
17 | subjects of the information. The
disclosure of information | |||||||||||||||||||
18 | that bears on the public duties of public
employees and | |||||||||||||||||||
19 | officials shall not be considered an invasion of personal
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20 | privacy. Information exempted under this subsection (b) | |||||||||||||||||||
21 | shall include but
is not limited to:
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22 | (i) files and personal information maintained with | |||||||||||||||||||
23 | respect to
clients, patients, residents, students or |
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1 | other individuals receiving
social, medical, | ||||||
2 | educational, vocational, financial, supervisory or
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3 | custodial care or services directly or indirectly from | ||||||
4 | federal agencies
or public bodies;
| ||||||
5 | (ii) personnel files and personal information | ||||||
6 | maintained with
respect to employees, appointees or | ||||||
7 | elected officials of any public body or
applicants for | ||||||
8 | those positions;
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9 | (iii) files and personal information maintained | ||||||
10 | with respect to any
applicant, registrant or licensee | ||||||
11 | by any public body cooperating with or
engaged in | ||||||
12 | professional or occupational registration, licensure | ||||||
13 | or discipline;
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14 | (iv) information required of any taxpayer in | ||||||
15 | connection with the
assessment or collection of any tax | ||||||
16 | unless disclosure is otherwise required
by State | ||||||
17 | statute;
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18 | (v) information revealing the identity of persons | ||||||
19 | who file complaints
with or provide information to | ||||||
20 | administrative, investigative, law enforcement
or | ||||||
21 | penal agencies; provided, however, that identification | ||||||
22 | of witnesses to
traffic accidents, traffic accident | ||||||
23 | reports, and rescue reports may be provided
by agencies | ||||||
24 | of local government, except in a case for which a | ||||||
25 | criminal
investigation is ongoing, without | ||||||
26 | constituting a clearly unwarranted per se
invasion of |
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1 | personal privacy under this subsection; and
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2 | (vi) the names, addresses, or other personal | ||||||
3 | information of
participants and registrants in park | ||||||
4 | district, forest preserve district, and
conservation | ||||||
5 | district programs.
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6 | (c) Records compiled by any public body for | ||||||
7 | administrative enforcement
proceedings and any law | ||||||
8 | enforcement or correctional agency for
law enforcement | ||||||
9 | purposes or for internal matters of a public body,
but only | ||||||
10 | to the extent that disclosure would:
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11 | (i) interfere with pending or actually and | ||||||
12 | reasonably contemplated
law enforcement proceedings | ||||||
13 | conducted by any law enforcement or correctional
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14 | agency;
| ||||||
15 | (ii) interfere with pending administrative | ||||||
16 | enforcement proceedings
conducted by any public body;
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17 | (iii) deprive a person of a fair trial or an | ||||||
18 | impartial hearing;
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19 | (iv) unavoidably disclose the identity of a | ||||||
20 | confidential source or
confidential information | ||||||
21 | furnished only by the confidential source;
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22 | (v) disclose unique or specialized investigative | ||||||
23 | techniques other than
those generally used and known or | ||||||
24 | disclose internal documents of
correctional agencies | ||||||
25 | related to detection, observation or investigation of
| ||||||
26 | incidents of crime or misconduct;
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1 | (vi) constitute an invasion of personal privacy | ||||||
2 | under subsection (b) of
this Section;
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3 | (vii) endanger the life or physical safety of law | ||||||
4 | enforcement personnel
or any other person; or
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5 | (viii) obstruct an ongoing criminal investigation.
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6 | (d) Criminal history record information maintained by | ||||||
7 | State or local
criminal justice agencies, except the | ||||||
8 | following which shall be open for
public inspection and | ||||||
9 | copying:
| ||||||
10 | (i) chronologically maintained arrest information, | ||||||
11 | such as traditional
arrest logs or blotters;
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12 | (ii) the name of a person in the custody of a law | ||||||
13 | enforcement agency and
the charges for which that | ||||||
14 | person is being held;
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15 | (iii) court records that are public;
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16 | (iv) records that are otherwise available under | ||||||
17 | State or local law; or
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18 | (v) records in which the requesting party is the | ||||||
19 | individual
identified, except as provided under part | ||||||
20 | (vii) of
paragraph (c) of subsection (1) of this | ||||||
21 | Section.
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22 | "Criminal history record information" means data | ||||||
23 | identifiable to an
individual and consisting of | ||||||
24 | descriptions or notations of arrests,
detentions, | ||||||
25 | indictments, informations, pre-trial proceedings, trials, | ||||||
26 | or
other formal events in the criminal justice system or |
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1 | descriptions or
notations of criminal charges (including | ||||||
2 | criminal violations of local
municipal ordinances) and the | ||||||
3 | nature of any disposition arising therefrom,
including | ||||||
4 | sentencing, court or correctional supervision, | ||||||
5 | rehabilitation and
release. The term does not apply to | ||||||
6 | statistical records and reports in
which individuals are | ||||||
7 | not identified and from which
their identities are not | ||||||
8 | ascertainable, or to information that is for
criminal | ||||||
9 | investigative or intelligence purposes.
| ||||||
10 | (e) Records that relate to or affect the security of | ||||||
11 | correctional
institutions and detention facilities.
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12 | (f) Preliminary drafts, notes, recommendations, | ||||||
13 | memoranda and other
records in which opinions are | ||||||
14 | expressed, or policies or actions are
formulated, except | ||||||
15 | that a specific record or relevant portion of a
record | ||||||
16 | shall not be exempt when the record is publicly cited
and | ||||||
17 | identified by the head of the public body. The exemption | ||||||
18 | provided in
this paragraph (f) extends to all those records | ||||||
19 | of officers and agencies
of the General Assembly that | ||||||
20 | pertain to the preparation of legislative
documents.
| ||||||
21 | (g) Trade secrets and commercial or financial | ||||||
22 | information obtained from
a person or business where the | ||||||
23 | trade secrets or information are
proprietary, privileged | ||||||
24 | or confidential, or where disclosure of the trade
secrets | ||||||
25 | or information may cause competitive harm, including: | ||||||
26 | (i) All
information determined to be confidential |
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1 | under Section 4002 of the
Technology Advancement and | ||||||
2 | Development Act. | ||||||
3 | (ii) All trade secrets and commercial or financial | ||||||
4 | information obtained by a public body, including a | ||||||
5 | public pension fund, from a private equity fund or a | ||||||
6 | privately held company within the investment portfolio | ||||||
7 | of a private equity fund as a result of either | ||||||
8 | investing or evaluating a potential investment of | ||||||
9 | public funds in a private equity fund. The exemption | ||||||
10 | contained in this item does not apply to the aggregate | ||||||
11 | financial performance information of a private equity | ||||||
12 | fund, nor to the identity of the fund's managers or | ||||||
13 | general partners. The exemption contained in this item | ||||||
14 | does not apply to the identity of a privately held | ||||||
15 | company within the investment portfolio of a private | ||||||
16 | equity fund, unless the disclosure of the identity of a | ||||||
17 | privately held company may cause competitive harm.
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18 | Nothing contained in this
paragraph (g) shall be construed | ||||||
19 | to prevent a person or business from
consenting to disclosure.
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20 | (h) Proposals and bids for any contract, grant, or | ||||||
21 | agreement, including
information which if it were | ||||||
22 | disclosed would frustrate procurement or give
an advantage | ||||||
23 | to any person proposing to enter into a contractor | ||||||
24 | agreement
with the body, until an award or final selection | ||||||
25 | is made. Information
prepared by or for the body in | ||||||
26 | preparation of a bid solicitation shall be
exempt until an |
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1 | award or final selection is made.
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2 | (i) Valuable formulae,
computer geographic systems,
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3 | designs, drawings and research data obtained or
produced by | ||||||
4 | any public body when disclosure could reasonably be | ||||||
5 | expected to
produce private gain or public loss.
The | ||||||
6 | exemption for "computer geographic systems" provided in | ||||||
7 | this paragraph
(i) does not extend to requests made by news | ||||||
8 | media as defined in Section 2 of
this Act when the | ||||||
9 | requested information is not otherwise exempt and the only
| ||||||
10 | purpose of the request is to access and disseminate | ||||||
11 | information regarding the
health, safety, welfare, or | ||||||
12 | legal rights of the general public.
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13 | (j) Test questions, scoring keys and other examination | ||||||
14 | data used to
administer an academic examination or | ||||||
15 | determined the qualifications of an
applicant for a license | ||||||
16 | or employment.
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17 | (k) Architects' plans, engineers' technical | ||||||
18 | submissions, and
other
construction related technical | ||||||
19 | documents for
projects not constructed or developed in | ||||||
20 | whole or in part with public funds
and the same for | ||||||
21 | projects constructed or developed with public funds, but
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22 | only to the extent
that disclosure would compromise | ||||||
23 | security, including but not limited to water
treatment | ||||||
24 | facilities, airport facilities, sport stadiums, convention | ||||||
25 | centers,
and all government owned, operated, or occupied | ||||||
26 | buildings.
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1 | (l) Library circulation and order records identifying | ||||||
2 | library users with
specific materials.
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3 | (m) Minutes of meetings of public bodies closed to the
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4 | public as provided in the Open Meetings Act until the | ||||||
5 | public body
makes the minutes available to the public under | ||||||
6 | Section 2.06 of the Open
Meetings Act.
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7 | (n) Communications between a public body and an | ||||||
8 | attorney or auditor
representing the public body that would | ||||||
9 | not be subject to discovery in
litigation, and materials | ||||||
10 | prepared or compiled by or for a public body in
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11 | anticipation of a criminal, civil or administrative | ||||||
12 | proceeding upon the
request of an attorney advising the | ||||||
13 | public body, and materials prepared or
compiled with | ||||||
14 | respect to internal audits of public bodies.
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15 | (o) Information received by a primary or secondary | ||||||
16 | school, college or
university under its procedures for the | ||||||
17 | evaluation of faculty members by
their academic peers.
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18 | (p) Administrative or technical information associated | ||||||
19 | with automated
data processing operations, including but | ||||||
20 | not limited to software,
operating protocols, computer | ||||||
21 | program abstracts, file layouts, source
listings, object | ||||||
22 | modules, load modules, user guides, documentation
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23 | pertaining to all logical and physical design of | ||||||
24 | computerized systems,
employee manuals, and any other | ||||||
25 | information that, if disclosed, would
jeopardize the | ||||||
26 | security of the system or its data or the security of
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1 | materials exempt under this Section.
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2 | (q) Documents or materials relating to collective | ||||||
3 | negotiating matters
between public bodies and their | ||||||
4 | employees or representatives, except that
any final | ||||||
5 | contract or agreement shall be subject to inspection and | ||||||
6 | copying.
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7 | (r) Drafts, notes, recommendations and memoranda | ||||||
8 | pertaining to the
financing and marketing transactions of | ||||||
9 | the public body. The records of
ownership, registration, | ||||||
10 | transfer, and exchange of municipal debt
obligations, and | ||||||
11 | of persons to whom payment with respect to these | ||||||
12 | obligations
is made.
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13 | (s) The records, documents and information relating to | ||||||
14 | real estate
purchase negotiations until those negotiations | ||||||
15 | have been completed or
otherwise terminated. With regard to | ||||||
16 | a parcel involved in a pending or
actually and reasonably | ||||||
17 | contemplated eminent domain proceeding under the Eminent | ||||||
18 | Domain Act, records, documents and
information relating to | ||||||
19 | that parcel shall be exempt except as may be
allowed under | ||||||
20 | discovery rules adopted by the Illinois Supreme Court. The
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21 | records, documents and information relating to a real | ||||||
22 | estate sale shall be
exempt until a sale is consummated.
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23 | (t) Any and all proprietary information and records | ||||||
24 | related to the
operation of an intergovernmental risk | ||||||
25 | management association or
self-insurance pool or jointly | ||||||
26 | self-administered health and accident
cooperative or pool.
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1 | (u) Information concerning a university's adjudication | ||||||
2 | of student or
employee grievance or disciplinary cases, to | ||||||
3 | the extent that disclosure
would reveal the identity of the | ||||||
4 | student or employee and information
concerning any public | ||||||
5 | body's adjudication of student or employee grievances
or | ||||||
6 | disciplinary cases, except for the final outcome of the | ||||||
7 | cases.
| ||||||
8 | (v) Course materials or research materials used by | ||||||
9 | faculty members.
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10 | (w) Information related solely to the internal | ||||||
11 | personnel rules and
practices of a public body.
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12 | (x) Information contained in or related to | ||||||
13 | examination, operating, or
condition reports prepared by, | ||||||
14 | on behalf of, or for the use of a public
body responsible | ||||||
15 | for the regulation or supervision of financial
| ||||||
16 | institutions or insurance companies, unless disclosure is | ||||||
17 | otherwise
required by State law.
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18 | (y) Information the disclosure of which is restricted | ||||||
19 | under Section
5-108 of the Public Utilities Act.
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20 | (z) Manuals or instruction to staff that relate to | ||||||
21 | establishment or
collection of liability for any State tax | ||||||
22 | or that relate to investigations
by a public body to | ||||||
23 | determine violation of any criminal law.
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24 | (aa) Applications, related documents, and medical | ||||||
25 | records received by
the Experimental Organ Transplantation | ||||||
26 | Procedures Board and any and all
documents or other records |
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1 | prepared by the Experimental Organ
Transplantation | ||||||
2 | Procedures Board or its staff relating to applications
it | ||||||
3 | has received.
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4 | (bb) Insurance or self insurance (including any | ||||||
5 | intergovernmental risk
management association or self | ||||||
6 | insurance pool) claims, loss or risk
management | ||||||
7 | information, records, data, advice or communications.
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8 | (cc) Information and records held by the Department of | ||||||
9 | Public Health and
its authorized representatives relating | ||||||
10 | to known or suspected cases of
sexually transmissible | ||||||
11 | disease or any information the disclosure of which
is | ||||||
12 | restricted under the Illinois Sexually Transmissible | ||||||
13 | Disease Control Act.
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14 | (dd) Information the disclosure of which is exempted | ||||||
15 | under Section 30
of the Radon Industry Licensing Act.
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16 | (ee) Firm performance evaluations under Section 55 of | ||||||
17 | the
Architectural, Engineering, and Land Surveying | ||||||
18 | Qualifications Based
Selection Act.
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19 | (ff) Security portions of system safety program plans, | ||||||
20 | investigation
reports, surveys, schedules, lists, data, or | ||||||
21 | information compiled, collected,
or prepared by or for the | ||||||
22 | Regional Transportation Authority under Section 2.11
of | ||||||
23 | the Regional Transportation Authority Act or the St. Clair | ||||||
24 | County Transit
District under the
Bi-State Transit Safety | ||||||
25 | Act.
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26 | (gg) Information the disclosure of which is restricted |
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1 | and
exempted under Section 50 of the Illinois Prepaid | ||||||
2 | Tuition Act.
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3 | (hh) Information the disclosure of which is
exempted | ||||||
4 | under the State Officials and Employees Ethics Act.
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5 | (ii) Beginning July 1, 1999, information that would | ||||||
6 | disclose
or might lead to the disclosure of
secret or | ||||||
7 | confidential information, codes, algorithms, programs, or | ||||||
8 | private
keys intended to be used to create electronic or | ||||||
9 | digital signatures under the
Electronic Commerce Security | ||||||
10 | Act.
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11 | (jj) Information contained in a local emergency energy | ||||||
12 | plan submitted to
a municipality in accordance with a local | ||||||
13 | emergency energy plan ordinance that
is adopted under | ||||||
14 | Section 11-21.5-5 of the Illinois Municipal Code.
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15 | (kk) Information and data concerning the distribution | ||||||
16 | of
surcharge moneys collected and remitted by wireless | ||||||
17 | carriers under the Wireless
Emergency Telephone Safety | ||||||
18 | Act.
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19 | (ll) Vulnerability assessments, security measures, and | ||||||
20 | response policies
or plans that are designed to identify, | ||||||
21 | prevent, or respond to potential
attacks upon a community's | ||||||
22 | population or systems, facilities, or installations,
the | ||||||
23 | destruction or contamination of which would constitute a | ||||||
24 | clear and present
danger to the health or safety of the | ||||||
25 | community, but only to the extent that
disclosure could | ||||||
26 | reasonably be expected to jeopardize the effectiveness of |
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1 | the
measures or the safety of the personnel who implement | ||||||
2 | them or the public.
Information exempt under this item may | ||||||
3 | include such things as details
pertaining to the | ||||||
4 | mobilization or deployment of personnel or equipment, to | ||||||
5 | the
operation of communication systems or protocols, or to | ||||||
6 | tactical operations.
| ||||||
7 | (mm) Maps and other records regarding the location or | ||||||
8 | security of generation, transmission, distribution, | ||||||
9 | storage, gathering,
treatment, or switching facilities | ||||||
10 | owned by a utility or by the Illinois Power Agency.
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11 | (nn) Law enforcement officer identification | ||||||
12 | information or
driver
identification
information compiled | ||||||
13 | by a law enforcement agency or the Department of
| ||||||
14 | Transportation
under Section 11-212 of the Illinois | ||||||
15 | Vehicle Code.
| ||||||
16 | (oo) Records and information provided to a residential
| ||||||
17 | health care
facility resident sexual assault
and death | ||||||
18 | review team or the Executive Council under the Abuse | ||||||
19 | Prevention Review Team Act.
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20 | (pp) Information provided to the predatory lending | ||||||
21 | database created pursuant to Article 3 of the Residential | ||||||
22 | Real Property Disclosure Act, except to the extent | ||||||
23 | authorized under that Article.
| ||||||
24 | (qq) Defense budgets and petitions for certification | ||||||
25 | of compensation and expenses for court appointed trial | ||||||
26 | counsel as provided under Sections 10 and 15 of the Capital |
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| |||||||
1 | Crimes Litigation Act if those budgets and petitions were | ||||||
2 | for compensation and expenses incurred before the | ||||||
3 | effective date of this amendatory Act of the 96th General | ||||||
4 | Assembly . This subsection (qq) shall apply until the | ||||||
5 | conclusion of the trial of the case, even if the | ||||||
6 | prosecution chose chooses not to pursue the death penalty | ||||||
7 | prior to trial or sentencing and before the effective date | ||||||
8 | of this amendatory Act of the 96th General Assembly .
| ||||||
9 | (rr) Information contained in or related to proposals, | ||||||
10 | bids, or negotiations related to electric power | ||||||
11 | procurement under Section 1-75 of the Illinois Power Agency | ||||||
12 | Act and Section 16-111.5 of the Public Utilities Act that | ||||||
13 | is determined to be confidential and proprietary by the | ||||||
14 | Illinois Power Agency or by the Illinois Commerce | ||||||
15 | Commission.
| ||||||
16 | (ss) Information that is prohibited from being | ||||||
17 | disclosed under Section 4 of the Illinois Health and | ||||||
18 | Hazardous Substances Registry Act. | ||||||
19 | (2) This Section does not authorize withholding of | ||||||
20 | information or limit the
availability of records to the public, | ||||||
21 | except as stated in this Section or
otherwise provided in this | ||||||
22 | Act.
| ||||||
23 | (Source: P.A. 94-280, eff. 1-1-06; 94-508, eff. 1-1-06; 94-664, | ||||||
24 | eff. 1-1-06; 94-931, eff. 6-26-06; 94-953, eff. 6-27-06; | ||||||
25 | 94-1055, eff. 1-1-07; 95-331, eff. 8-21-07; 95-481, eff. | ||||||
26 | 8-28-07; 95-941, eff. 8-29-08.)
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1 | (Text of Section after amendment by P.A. 95-988 ) | ||||||
2 | Sec. 7. Exemptions.
| ||||||
3 | (1) The following shall be exempt from inspection and | ||||||
4 | copying:
| ||||||
5 | (a) Information specifically prohibited from | ||||||
6 | disclosure by federal or
State law or rules and regulations | ||||||
7 | adopted under federal or State law.
| ||||||
8 | (b) Information that, if disclosed, would constitute a | ||||||
9 | clearly
unwarranted invasion of personal privacy, unless | ||||||
10 | the disclosure is
consented to in writing by the individual | ||||||
11 | subjects of the information. The
disclosure of information | ||||||
12 | that bears on the public duties of public
employees and | ||||||
13 | officials shall not be considered an invasion of personal
| ||||||
14 | privacy. Information exempted under this subsection (b) | ||||||
15 | shall include but
is not limited to:
| ||||||
16 | (i) files and personal information maintained with | ||||||
17 | respect to
clients, patients, residents, students or | ||||||
18 | other individuals receiving
social, medical, | ||||||
19 | educational, vocational, financial, supervisory or
| ||||||
20 | custodial care or services directly or indirectly from | ||||||
21 | federal agencies
or public bodies;
| ||||||
22 | (ii) personnel files and personal information | ||||||
23 | maintained with
respect to employees, appointees or | ||||||
24 | elected officials of any public body or
applicants for | ||||||
25 | those positions;
|
| |||||||
| |||||||
1 | (iii) files and personal information maintained | ||||||
2 | with respect to any
applicant, registrant or licensee | ||||||
3 | by any public body cooperating with or
engaged in | ||||||
4 | professional or occupational registration, licensure | ||||||
5 | or discipline;
| ||||||
6 | (iv) information required of any taxpayer in | ||||||
7 | connection with the
assessment or collection of any tax | ||||||
8 | unless disclosure is otherwise required
by State | ||||||
9 | statute;
| ||||||
10 | (v) information revealing the identity of persons | ||||||
11 | who file complaints
with or provide information to | ||||||
12 | administrative, investigative, law enforcement
or | ||||||
13 | penal agencies; provided, however, that identification | ||||||
14 | of witnesses to
traffic accidents, traffic accident | ||||||
15 | reports, and rescue reports may be provided
by agencies | ||||||
16 | of local government, except in a case for which a | ||||||
17 | criminal
investigation is ongoing, without | ||||||
18 | constituting a clearly unwarranted per se
invasion of | ||||||
19 | personal privacy under this subsection;
| ||||||
20 | (vi) the names, addresses, or other personal | ||||||
21 | information of
participants and registrants in park | ||||||
22 | district, forest preserve district, and
conservation | ||||||
23 | district programs; and
| ||||||
24 | (vii) the Notarial Record or other medium | ||||||
25 | containing the thumbprint or fingerprint required by | ||||||
26 | Section 3-102(c)(6) of the Illinois Notary Public Act. |
| |||||||
| |||||||
1 | (c) Records compiled by any public body for | ||||||
2 | administrative enforcement
proceedings and any law | ||||||
3 | enforcement or correctional agency for
law enforcement | ||||||
4 | purposes or for internal matters of a public body,
but only | ||||||
5 | to the extent that disclosure would:
| ||||||
6 | (i) interfere with pending or actually and | ||||||
7 | reasonably contemplated
law enforcement proceedings | ||||||
8 | conducted by any law enforcement or correctional
| ||||||
9 | agency;
| ||||||
10 | (ii) interfere with pending administrative | ||||||
11 | enforcement proceedings
conducted by any public body;
| ||||||
12 | (iii) deprive a person of a fair trial or an | ||||||
13 | impartial hearing;
| ||||||
14 | (iv) unavoidably disclose the identity of a | ||||||
15 | confidential source or
confidential information | ||||||
16 | furnished only by the confidential source;
| ||||||
17 | (v) disclose unique or specialized investigative | ||||||
18 | techniques other than
those generally used and known or | ||||||
19 | disclose internal documents of
correctional agencies | ||||||
20 | related to detection, observation or investigation of
| ||||||
21 | incidents of crime or misconduct;
| ||||||
22 | (vi) constitute an invasion of personal privacy | ||||||
23 | under subsection (b) of
this Section;
| ||||||
24 | (vii) endanger the life or physical safety of law | ||||||
25 | enforcement personnel
or any other person; or
| ||||||
26 | (viii) obstruct an ongoing criminal investigation.
|
| |||||||
| |||||||
1 | (d) Criminal history record information maintained by | ||||||
2 | State or local
criminal justice agencies, except the | ||||||
3 | following which shall be open for
public inspection and | ||||||
4 | copying:
| ||||||
5 | (i) chronologically maintained arrest information, | ||||||
6 | such as traditional
arrest logs or blotters;
| ||||||
7 | (ii) the name of a person in the custody of a law | ||||||
8 | enforcement agency and
the charges for which that | ||||||
9 | person is being held;
| ||||||
10 | (iii) court records that are public;
| ||||||
11 | (iv) records that are otherwise available under | ||||||
12 | State or local law; or
| ||||||
13 | (v) records in which the requesting party is the | ||||||
14 | individual
identified, except as provided under part | ||||||
15 | (vii) of
paragraph (c) of subsection (1) of this | ||||||
16 | Section.
| ||||||
17 | "Criminal history record information" means data | ||||||
18 | identifiable to an
individual and consisting of | ||||||
19 | descriptions or notations of arrests,
detentions, | ||||||
20 | indictments, informations, pre-trial proceedings, trials, | ||||||
21 | or
other formal events in the criminal justice system or | ||||||
22 | descriptions or
notations of criminal charges (including | ||||||
23 | criminal violations of local
municipal ordinances) and the | ||||||
24 | nature of any disposition arising therefrom,
including | ||||||
25 | sentencing, court or correctional supervision, | ||||||
26 | rehabilitation and
release. The term does not apply to |
| |||||||
| |||||||
1 | statistical records and reports in
which individuals are | ||||||
2 | not identified and from which
their identities are not | ||||||
3 | ascertainable, or to information that is for
criminal | ||||||
4 | investigative or intelligence purposes.
| ||||||
5 | (e) Records that relate to or affect the security of | ||||||
6 | correctional
institutions and detention facilities.
| ||||||
7 | (f) Preliminary drafts, notes, recommendations, | ||||||
8 | memoranda and other
records in which opinions are | ||||||
9 | expressed, or policies or actions are
formulated, except | ||||||
10 | that a specific record or relevant portion of a
record | ||||||
11 | shall not be exempt when the record is publicly cited
and | ||||||
12 | identified by the head of the public body. The exemption | ||||||
13 | provided in
this paragraph (f) extends to all those records | ||||||
14 | of officers and agencies
of the General Assembly that | ||||||
15 | pertain to the preparation of legislative
documents.
| ||||||
16 | (g) Trade secrets and commercial or financial | ||||||
17 | information obtained from
a person or business where the | ||||||
18 | trade secrets or information are
proprietary, privileged | ||||||
19 | or confidential, or where disclosure of the trade
secrets | ||||||
20 | or information may cause competitive harm, including: | ||||||
21 | (i) All
information determined to be confidential | ||||||
22 | under Section 4002 of the
Technology Advancement and | ||||||
23 | Development Act. | ||||||
24 | (ii) All trade secrets and commercial or financial | ||||||
25 | information obtained by a public body, including a | ||||||
26 | public pension fund, from a private equity fund or a |
| |||||||
| |||||||
1 | privately held company within the investment portfolio | ||||||
2 | of a private equity fund as a result of either | ||||||
3 | investing or evaluating a potential investment of | ||||||
4 | public funds in a private equity fund. The exemption | ||||||
5 | contained in this item does not apply to the aggregate | ||||||
6 | financial performance information of a private equity | ||||||
7 | fund, nor to the identity of the fund's managers or | ||||||
8 | general partners. The exemption contained in this item | ||||||
9 | does not apply to the identity of a privately held | ||||||
10 | company within the investment portfolio of a private | ||||||
11 | equity fund, unless the disclosure of the identity of a | ||||||
12 | privately held company may cause competitive harm.
| ||||||
13 | Nothing contained in this
paragraph (g) shall be construed | ||||||
14 | to prevent a person or business from
consenting to disclosure.
| ||||||
15 | (h) Proposals and bids for any contract, grant, or | ||||||
16 | agreement, including
information which if it were | ||||||
17 | disclosed would frustrate procurement or give
an advantage | ||||||
18 | to any person proposing to enter into a contractor | ||||||
19 | agreement
with the body, until an award or final selection | ||||||
20 | is made. Information
prepared by or for the body in | ||||||
21 | preparation of a bid solicitation shall be
exempt until an | ||||||
22 | award or final selection is made.
| ||||||
23 | (i) Valuable formulae,
computer geographic systems,
| ||||||
24 | designs, drawings and research data obtained or
produced by | ||||||
25 | any public body when disclosure could reasonably be | ||||||
26 | expected to
produce private gain or public loss.
The |
| |||||||
| |||||||
1 | exemption for "computer geographic systems" provided in | ||||||
2 | this paragraph
(i) does not extend to requests made by news | ||||||
3 | media as defined in Section 2 of
this Act when the | ||||||
4 | requested information is not otherwise exempt and the only
| ||||||
5 | purpose of the request is to access and disseminate | ||||||
6 | information regarding the
health, safety, welfare, or | ||||||
7 | legal rights of the general public.
| ||||||
8 | (j) Test questions, scoring keys and other examination | ||||||
9 | data used to
administer an academic examination or | ||||||
10 | determined the qualifications of an
applicant for a license | ||||||
11 | or employment.
| ||||||
12 | (k) Architects' plans, engineers' technical | ||||||
13 | submissions, and
other
construction related technical | ||||||
14 | documents for
projects not constructed or developed in | ||||||
15 | whole or in part with public funds
and the same for | ||||||
16 | projects constructed or developed with public funds, but
| ||||||
17 | only to the extent
that disclosure would compromise | ||||||
18 | security, including but not limited to water
treatment | ||||||
19 | facilities, airport facilities, sport stadiums, convention | ||||||
20 | centers,
and all government owned, operated, or occupied | ||||||
21 | buildings.
| ||||||
22 | (l) Library circulation and order records identifying | ||||||
23 | library users with
specific materials.
| ||||||
24 | (m) Minutes of meetings of public bodies closed to the
| ||||||
25 | public as provided in the Open Meetings Act until the | ||||||
26 | public body
makes the minutes available to the public under |
| |||||||
| |||||||
1 | Section 2.06 of the Open
Meetings Act.
| ||||||
2 | (n) Communications between a public body and an | ||||||
3 | attorney or auditor
representing the public body that would | ||||||
4 | not be subject to discovery in
litigation, and materials | ||||||
5 | prepared or compiled by or for a public body in
| ||||||
6 | anticipation of a criminal, civil or administrative | ||||||
7 | proceeding upon the
request of an attorney advising the | ||||||
8 | public body, and materials prepared or
compiled with | ||||||
9 | respect to internal audits of public bodies.
| ||||||
10 | (o) Information received by a primary or secondary | ||||||
11 | school, college or
university under its procedures for the | ||||||
12 | evaluation of faculty members by
their academic peers.
| ||||||
13 | (p) Administrative or technical information associated | ||||||
14 | with automated
data processing operations, including but | ||||||
15 | not limited to software,
operating protocols, computer | ||||||
16 | program abstracts, file layouts, source
listings, object | ||||||
17 | modules, load modules, user guides, documentation
| ||||||
18 | pertaining to all logical and physical design of | ||||||
19 | computerized systems,
employee manuals, and any other | ||||||
20 | information that, if disclosed, would
jeopardize the | ||||||
21 | security of the system or its data or the security of
| ||||||
22 | materials exempt under this Section.
| ||||||
23 | (q) Documents or materials relating to collective | ||||||
24 | negotiating matters
between public bodies and their | ||||||
25 | employees or representatives, except that
any final | ||||||
26 | contract or agreement shall be subject to inspection and |
| |||||||
| |||||||
1 | copying.
| ||||||
2 | (r) Drafts, notes, recommendations and memoranda | ||||||
3 | pertaining to the
financing and marketing transactions of | ||||||
4 | the public body. The records of
ownership, registration, | ||||||
5 | transfer, and exchange of municipal debt
obligations, and | ||||||
6 | of persons to whom payment with respect to these | ||||||
7 | obligations
is made.
| ||||||
8 | (s) The records, documents and information relating to | ||||||
9 | real estate
purchase negotiations until those negotiations | ||||||
10 | have been completed or
otherwise terminated. With regard to | ||||||
11 | a parcel involved in a pending or
actually and reasonably | ||||||
12 | contemplated eminent domain proceeding under the Eminent | ||||||
13 | Domain Act, records, documents and
information relating to | ||||||
14 | that parcel shall be exempt except as may be
allowed under | ||||||
15 | discovery rules adopted by the Illinois Supreme Court. The
| ||||||
16 | records, documents and information relating to a real | ||||||
17 | estate sale shall be
exempt until a sale is consummated.
| ||||||
18 | (t) Any and all proprietary information and records | ||||||
19 | related to the
operation of an intergovernmental risk | ||||||
20 | management association or
self-insurance pool or jointly | ||||||
21 | self-administered health and accident
cooperative or pool.
| ||||||
22 | (u) Information concerning a university's adjudication | ||||||
23 | of student or
employee grievance or disciplinary cases, to | ||||||
24 | the extent that disclosure
would reveal the identity of the | ||||||
25 | student or employee and information
concerning any public | ||||||
26 | body's adjudication of student or employee grievances
or |
| |||||||
| |||||||
1 | disciplinary cases, except for the final outcome of the | ||||||
2 | cases.
| ||||||
3 | (v) Course materials or research materials used by | ||||||
4 | faculty members.
| ||||||
5 | (w) Information related solely to the internal | ||||||
6 | personnel rules and
practices of a public body.
| ||||||
7 | (x) Information contained in or related to | ||||||
8 | examination, operating, or
condition reports prepared by, | ||||||
9 | on behalf of, or for the use of a public
body responsible | ||||||
10 | for the regulation or supervision of financial
| ||||||
11 | institutions or insurance companies, unless disclosure is | ||||||
12 | otherwise
required by State law.
| ||||||
13 | (y) Information the disclosure of which is restricted | ||||||
14 | under Section
5-108 of the Public Utilities Act.
| ||||||
15 | (z) Manuals or instruction to staff that relate to | ||||||
16 | establishment or
collection of liability for any State tax | ||||||
17 | or that relate to investigations
by a public body to | ||||||
18 | determine violation of any criminal law.
| ||||||
19 | (aa) Applications, related documents, and medical | ||||||
20 | records received by
the Experimental Organ Transplantation | ||||||
21 | Procedures Board and any and all
documents or other records | ||||||
22 | prepared by the Experimental Organ
Transplantation | ||||||
23 | Procedures Board or its staff relating to applications
it | ||||||
24 | has received.
| ||||||
25 | (bb) Insurance or self insurance (including any | ||||||
26 | intergovernmental risk
management association or self |
| |||||||
| |||||||
1 | insurance pool) claims, loss or risk
management | ||||||
2 | information, records, data, advice or communications.
| ||||||
3 | (cc) Information and records held by the Department of | ||||||
4 | Public Health and
its authorized representatives relating | ||||||
5 | to known or suspected cases of
sexually transmissible | ||||||
6 | disease or any information the disclosure of which
is | ||||||
7 | restricted under the Illinois Sexually Transmissible | ||||||
8 | Disease Control Act.
| ||||||
9 | (dd) Information the disclosure of which is exempted | ||||||
10 | under Section 30
of the Radon Industry Licensing Act.
| ||||||
11 | (ee) Firm performance evaluations under Section 55 of | ||||||
12 | the
Architectural, Engineering, and Land Surveying | ||||||
13 | Qualifications Based
Selection Act.
| ||||||
14 | (ff) Security portions of system safety program plans, | ||||||
15 | investigation
reports, surveys, schedules, lists, data, or | ||||||
16 | information compiled, collected,
or prepared by or for the | ||||||
17 | Regional Transportation Authority under Section 2.11
of | ||||||
18 | the Regional Transportation Authority Act or the St. Clair | ||||||
19 | County Transit
District under the
Bi-State Transit Safety | ||||||
20 | Act.
| ||||||
21 | (gg) Information the disclosure of which is restricted | ||||||
22 | and
exempted under Section 50 of the Illinois Prepaid | ||||||
23 | Tuition Act.
| ||||||
24 | (hh) Information the disclosure of which is
exempted | ||||||
25 | under the State Officials and Employees Ethics Act.
| ||||||
26 | (ii) Beginning July 1, 1999, information that would |
| |||||||
| |||||||
1 | disclose
or might lead to the disclosure of
secret or | ||||||
2 | confidential information, codes, algorithms, programs, or | ||||||
3 | private
keys intended to be used to create electronic or | ||||||
4 | digital signatures under the
Electronic Commerce Security | ||||||
5 | Act.
| ||||||
6 | (jj) Information contained in a local emergency energy | ||||||
7 | plan submitted to
a municipality in accordance with a local | ||||||
8 | emergency energy plan ordinance that
is adopted under | ||||||
9 | Section 11-21.5-5 of the Illinois Municipal Code.
| ||||||
10 | (kk) Information and data concerning the distribution | ||||||
11 | of
surcharge moneys collected and remitted by wireless | ||||||
12 | carriers under the Wireless
Emergency Telephone Safety | ||||||
13 | Act.
| ||||||
14 | (ll) Vulnerability assessments, security measures, and | ||||||
15 | response policies
or plans that are designed to identify, | ||||||
16 | prevent, or respond to potential
attacks upon a community's | ||||||
17 | population or systems, facilities, or installations,
the | ||||||
18 | destruction or contamination of which would constitute a | ||||||
19 | clear and present
danger to the health or safety of the | ||||||
20 | community, but only to the extent that
disclosure could | ||||||
21 | reasonably be expected to jeopardize the effectiveness of | ||||||
22 | the
measures or the safety of the personnel who implement | ||||||
23 | them or the public.
Information exempt under this item may | ||||||
24 | include such things as details
pertaining to the | ||||||
25 | mobilization or deployment of personnel or equipment, to | ||||||
26 | the
operation of communication systems or protocols, or to |
| |||||||
| |||||||
1 | tactical operations.
| ||||||
2 | (mm) Maps and other records regarding the location or | ||||||
3 | security of generation, transmission, distribution, | ||||||
4 | storage, gathering,
treatment, or switching facilities | ||||||
5 | owned by a utility or by the Illinois Power Agency.
| ||||||
6 | (nn) Law enforcement officer identification | ||||||
7 | information or
driver
identification
information compiled | ||||||
8 | by a law enforcement agency or the Department of
| ||||||
9 | Transportation
under Section 11-212 of the Illinois | ||||||
10 | Vehicle Code.
| ||||||
11 | (oo) Records and information provided to a residential
| ||||||
12 | health care
facility resident sexual assault
and death | ||||||
13 | review team or the Executive Council under the Abuse | ||||||
14 | Prevention Review Team Act.
| ||||||
15 | (pp) Information provided to the predatory lending | ||||||
16 | database created pursuant to Article 3 of the Residential | ||||||
17 | Real Property Disclosure Act, except to the extent | ||||||
18 | authorized under that Article.
| ||||||
19 | (qq) Defense budgets and petitions for certification | ||||||
20 | of compensation and expenses for court appointed trial | ||||||
21 | counsel as provided under Sections 10 and 15 of the Capital | ||||||
22 | Crimes Litigation Act if those budgets and petitions were | ||||||
23 | for compensation and expenses incurred before the | ||||||
24 | effective date of this amendatory Act of the 96th General | ||||||
25 | Assembly . This subsection (qq) shall apply until the | ||||||
26 | conclusion of the trial of the case, even if the |
| |||||||
| |||||||
1 | prosecution chose chooses not to pursue the death penalty | ||||||
2 | prior to trial or sentencing and before the effective date | ||||||
3 | of this amendatory Act of the 96th General Assembly .
| ||||||
4 | (rr) Information contained in or related to proposals, | ||||||
5 | bids, or negotiations related to electric power | ||||||
6 | procurement under Section 1-75 of the Illinois Power Agency | ||||||
7 | Act and Section 16-111.5 of the Public Utilities Act that | ||||||
8 | is determined to be confidential and proprietary by the | ||||||
9 | Illinois Power Agency or by the Illinois Commerce | ||||||
10 | Commission.
| ||||||
11 | (ss) Information that is prohibited from being | ||||||
12 | disclosed under Section 4 of the Illinois Health and | ||||||
13 | Hazardous Substances Registry Act. | ||||||
14 | (2) This Section does not authorize withholding of | ||||||
15 | information or limit the
availability of records to the public, | ||||||
16 | except as stated in this Section or
otherwise provided in this | ||||||
17 | Act.
| ||||||
18 | (Source: P.A. 94-280, eff. 1-1-06; 94-508, eff. 1-1-06; 94-664, | ||||||
19 | eff. 1-1-06; 94-931, eff. 6-26-06; 94-953, eff. 6-27-06; | ||||||
20 | 94-1055, eff. 1-1-07; 95-331, eff. 8-21-07; 95-481, eff. | ||||||
21 | 8-28-07; 95-941, eff. 8-29-08; 95-988, eff. 6-1-09; revised | ||||||
22 | 10-20-08.)
| ||||||
23 | Section 10. The Department of State Police Law of the
Civil | ||||||
24 | Administrative Code of Illinois is amended by changing Section | ||||||
25 | 2605-40 as
follows:
|
| |||||||
| |||||||
1 | (20 ILCS 2605/2605-40) (was 20 ILCS 2605/55a-4)
| ||||||
2 | Sec. 2605-40. Division of Forensic Services. The Division | ||||||
3 | of
Forensic Services shall exercise the following functions:
| ||||||
4 | (1) Exercise the rights, powers, and duties vested by
| ||||||
5 | law in the Department by the Criminal Identification Act.
| ||||||
6 | (2) Exercise the rights, powers, and duties vested by
| ||||||
7 | law in the Department by Section 2605-300 of this Law.
| ||||||
8 | (3) Provide assistance to local law enforcement | ||||||
9 | agencies
through training, management, and consultant | ||||||
10 | services.
| ||||||
11 | (4) (Blank).
| ||||||
12 | (5) Exercise other duties that may be assigned by the | ||||||
13 | Director in
order to fulfill the responsibilities and | ||||||
14 | achieve the purposes of the
Department.
| ||||||
15 | (6) Establish and operate a forensic science | ||||||
16 | laboratory system,
including a forensic toxicological | ||||||
17 | laboratory service, for the purpose of
testing specimens | ||||||
18 | submitted by coroners and other law enforcement officers
in | ||||||
19 | their efforts to determine whether alcohol, drugs, or | ||||||
20 | poisonous or other
toxic substances have been involved in | ||||||
21 | deaths, accidents, or illness.
Forensic toxicological | ||||||
22 | laboratories shall be established in Springfield,
Chicago, | ||||||
23 | and elsewhere in the State as needed.
| ||||||
24 | (7) (Blank).
Subject to specific appropriations made | ||||||
25 | for these
purposes,
establish
and coordinate a system for |
| |||||||
| |||||||
1 | providing accurate and expedited
forensic science and | ||||||
2 | other investigative and laboratory services to local law
| ||||||
3 | enforcement agencies and local State's Attorneys in aid of | ||||||
4 | the investigation
and trial of capital cases.
| ||||||
5 | (Source: P.A. 90-130, eff. 1-1-98; 91-239, eff. 1-1-00; 91-589, | ||||||
6 | eff. 1-1-00;
91-760, eff. 1-1-01.)
| ||||||
7 | Section 15. The Criminal Identification Act is amended by | ||||||
8 | changing Section
2.1 as follows:
| ||||||
9 | (20 ILCS 2630/2.1) (from Ch. 38, par. 206-2.1)
| ||||||
10 | Sec. 2.1. For the purpose of maintaining complete and | ||||||
11 | accurate
criminal records of the Department of State Police, it | ||||||
12 | is necessary for all
policing bodies of this State, the clerk | ||||||
13 | of the circuit court, the Illinois
Department of Corrections, | ||||||
14 | the sheriff of each county, and State's Attorney
of each county | ||||||
15 | to submit certain criminal arrest, charge, and disposition
| ||||||
16 | information to the Department for filing at the earliest time | ||||||
17 | possible.
Unless otherwise noted herein, it shall be the duty | ||||||
18 | of all policing bodies
of this State, the clerk of the circuit | ||||||
19 | court, the Illinois Department of
Corrections, the sheriff of | ||||||
20 | each county, and the State's Attorney of each
county to report | ||||||
21 | such information as provided in this Section, both in the
form | ||||||
22 | and manner required by the Department and within 30 days of the
| ||||||
23 | criminal history event. Specifically:
| ||||||
24 | (a) Arrest Information. All agencies making arrests for |
| |||||||
| |||||||
1 | offenses which
are required by statute to be collected, | ||||||
2 | maintained or disseminated by the
Department of State Police | ||||||
3 | shall be responsible
for furnishing daily to the Department | ||||||
4 | fingerprints, charges and
descriptions of all persons who are | ||||||
5 | arrested for such offenses. All such
agencies shall also notify | ||||||
6 | the Department of all decisions by the arresting
agency not to | ||||||
7 | refer
such arrests for prosecution. With approval of the | ||||||
8 | Department, an agency
making such arrests may enter into
| ||||||
9 | arrangements with other agencies for the purpose of furnishing | ||||||
10 | daily such
fingerprints, charges and descriptions to the | ||||||
11 | Department upon its behalf.
| ||||||
12 | (b) Charge Information. The State's Attorney of each county | ||||||
13 | shall notify
the Department of all charges filed and all | ||||||
14 | petitions filed alleging that a
minor is delinquent, including | ||||||
15 | all those added subsequent
to the filing of a case, and whether | ||||||
16 | charges were not filed
in cases for which the Department has | ||||||
17 | received information
required to be reported pursuant to | ||||||
18 | paragraph (a) of this Section.
With approval of the Department, | ||||||
19 | the State's Attorney may enter into
arrangements with other | ||||||
20 | agencies for the
purpose of furnishing the information required | ||||||
21 | by this subsection (b) to the
Department upon the State's | ||||||
22 | Attorney's behalf.
| ||||||
23 | (c) Disposition Information. The clerk of the circuit court | ||||||
24 | of each county
shall furnish the Department, in the form and | ||||||
25 | manner required by the Supreme
Court, with all final | ||||||
26 | dispositions of cases for which the Department
has received |
| |||||||
| |||||||
1 | information required to be reported pursuant to paragraph (a)
| ||||||
2 | or (d) of this Section. Such information shall include, for | ||||||
3 | each charge,
all (1) judgments of not guilty, judgments of | ||||||
4 | guilty including the sentence
pronounced by the court,
findings | ||||||
5 | that a minor is delinquent
and any sentence made based on those | ||||||
6 | findings,
discharges and dismissals in the court; (2)
reviewing | ||||||
7 | court orders filed with the clerk of the circuit court which
| ||||||
8 | reverse or remand a reported conviction
or findings that a | ||||||
9 | minor is delinquent
or that vacate or modify a sentence
or | ||||||
10 | sentence made following a trial that a minor is
delinquent;
(3)
| ||||||
11 | continuances to a date certain in furtherance of an order of | ||||||
12 | supervision
granted under Section 5-6-1 of the Unified Code of | ||||||
13 | Corrections or an order
of probation granted under Section 10 | ||||||
14 | of the Cannabis Control Act, Section
410 of the Illinois | ||||||
15 | Controlled Substances Act, Section 70 of the Methamphetamine | ||||||
16 | Control and Community Protection Act, Section 12-4.3 of the
| ||||||
17 | Criminal Code of 1961, Section 10-102 of the Illinois | ||||||
18 | Alcoholism and
Other Drug Dependency Act, Section 40-10 of the | ||||||
19 | Alcoholism and Other Drug
Abuse and Dependency Act, Section 10 | ||||||
20 | of the Steroid Control Act, or
Section 5-615 of the Juvenile | ||||||
21 | Court Act of 1987; and
(4) judgments or court orders | ||||||
22 | terminating or revoking a sentence
to or juvenile disposition | ||||||
23 | of probation, supervision or conditional
discharge and any | ||||||
24 | resentencing
or new court orders entered by a juvenile court | ||||||
25 | relating to the disposition
of a minor's case involving | ||||||
26 | delinquency
after such revocation.
|
| |||||||
| |||||||
1 | (d) Fingerprints After Sentencing.
| ||||||
2 | (1) After the court pronounces sentence,
sentences a | ||||||
3 | minor following a trial in which a minor was found to be
| ||||||
4 | delinquent
or issues an order of supervision or an order of | ||||||
5 | probation granted under
Section 10 of the Cannabis Control | ||||||
6 | Act, Section 410 of the Illinois
Controlled Substances Act, | ||||||
7 | Section 70 of the Methamphetamine Control and Community | ||||||
8 | Protection Act, Section 12-4.3 of the Criminal Code of
| ||||||
9 | 1961, Section 10-102 of the Illinois Alcoholism and Other | ||||||
10 | Drug Dependency
Act, Section 40-10 of the Alcoholism and | ||||||
11 | Other Drug Abuse and Dependency
Act, Section 10 of the | ||||||
12 | Steroid Control Act, or Section
5-615 of
the Juvenile Court | ||||||
13 | Act of 1987 for any offense which
is required by statute to | ||||||
14 | be collected,
maintained, or disseminated by the | ||||||
15 | Department of State Police, the State's
Attorney of each | ||||||
16 | county shall ask the court to order a law enforcement
| ||||||
17 | agency to fingerprint immediately all persons appearing | ||||||
18 | before the court
who have not previously been fingerprinted | ||||||
19 | for the same case. The court
shall so order the requested | ||||||
20 | fingerprinting, if it determines that any such
person has | ||||||
21 | not previously been fingerprinted for the same case. The | ||||||
22 | law
enforcement agency shall submit such fingerprints to | ||||||
23 | the Department daily.
| ||||||
24 | (2) After the court pronounces sentence or makes a | ||||||
25 | disposition of a case
following a finding of delinquency | ||||||
26 | for any offense which is not
required by statute to be |
| |||||||
| |||||||
1 | collected, maintained, or disseminated by the
Department | ||||||
2 | of State Police, the prosecuting attorney may ask the court | ||||||
3 | to
order a law enforcement agency to fingerprint | ||||||
4 | immediately all persons
appearing before the court who have | ||||||
5 | not previously been fingerprinted for
the same case. The | ||||||
6 | court may so order the requested fingerprinting, if it
| ||||||
7 | determines that any so sentenced person has not previously | ||||||
8 | been
fingerprinted for the same case. The law enforcement | ||||||
9 | agency may retain
such fingerprints in its files.
| ||||||
10 | (e) Corrections Information. The Illinois Department of | ||||||
11 | Corrections and
the sheriff of each county shall furnish the | ||||||
12 | Department with all information
concerning the receipt, | ||||||
13 | escape, execution before the effective date of this
amendatory | ||||||
14 | Act of the 96th General Assembly , death, release, pardon, | ||||||
15 | parole,
commutation of sentence, granting of executive | ||||||
16 | clemency or discharge of
an individual who has been sentenced | ||||||
17 | or committed to the agency's custody
for any offenses
which are | ||||||
18 | mandated by statute to be collected, maintained or disseminated
| ||||||
19 | by the Department of State Police. For an individual who has | ||||||
20 | been charged
with any such offense and who escapes from custody | ||||||
21 | or dies while in
custody, all information concerning the | ||||||
22 | receipt and escape or death,
whichever is appropriate, shall | ||||||
23 | also be so furnished to the Department.
| ||||||
24 | (Source: P.A. 94-556, eff. 9-11-05.)
| ||||||
25 | (20 ILCS 3929/Act rep.)
|
| |||||||
| |||||||
1 | Section 20. The Capital Punishment Reform Study Committee | ||||||
2 | Act is repealed.
| ||||||
3 | (30 ILCS 105/5.518 rep.)
| ||||||
4 | Section 25. The State Finance Act is amended by repealing | ||||||
5 | Section 5.518
on July 1, 2007.
| ||||||
6 | Section 30. The Counties Code is amended by changing | ||||||
7 | Sections 3-4011 and 3-9005 as follows:
| ||||||
8 | (55 ILCS 5/3-4011) (from Ch. 34, par. 3-4011)
| ||||||
9 | Sec. 3-4011. Expenses and legal services for indigent | ||||||
10 | defendants
in felony cases. It shall be the duty of the county | ||||||
11 | board in counties
containing fewer than 500,000 inhabitants to | ||||||
12 | appropriate a sufficient sum
for the purpose of paying for the | ||||||
13 | legal services necessarily rendered for
the defense of indigent | ||||||
14 | persons in felony cases, and for costs, expenses
and legal | ||||||
15 | services necessary in the prosecution of an appeal when the
| ||||||
16 | sentence is death and the sentence was imposed before the | ||||||
17 | effective date of
this amendatory Act of the 96th General | ||||||
18 | Assembly , which is to be paid upon
the orders of a court of
| ||||||
19 | competent jurisdiction. It shall likewise be the duty of the | ||||||
20 | county board
in counties containing fewer than 500,000 | ||||||
21 | inhabitants to appropriate a
sufficient sum for the payment of | ||||||
22 | out of pocket expenses necessarily
incurred by appointed | ||||||
23 | counsel in the prosecution of an appeal on behalf of
an |
| |||||||
| |||||||
1 | indigent incarcerated defendant in felony cases. In such cases | ||||||
2 | payment
shall be made upon the order of the reviewing court.
| ||||||
3 | (Source: P.A. 86-962.)
| ||||||
4 | (55 ILCS 5/3-9005) (from Ch. 34, par. 3-9005)
| ||||||
5 | Sec. 3-9005. Powers and duties of State's attorney.
| ||||||
6 | (a) The duty of each State's attorney shall be:
| ||||||
7 | (1) To commence and prosecute all actions, suits, | ||||||
8 | indictments and
prosecutions, civil and criminal, in the | ||||||
9 | circuit court for his county,
in which the people of the | ||||||
10 | State or county may be concerned.
| ||||||
11 | (2) To prosecute all forfeited bonds and | ||||||
12 | recognizances, and all
actions and proceedings for the | ||||||
13 | recovery of debts, revenues, moneys,
fines, penalties and | ||||||
14 | forfeitures accruing to the State or his county, or
to any | ||||||
15 | school district or road district in his county; also, to
| ||||||
16 | prosecute all suits in his county against railroad or | ||||||
17 | transportation
companies, which may be prosecuted in the | ||||||
18 | name of the People of the
State of Illinois.
| ||||||
19 | (3) To commence and prosecute all actions and | ||||||
20 | proceedings brought by
any county officer in his official | ||||||
21 | capacity.
| ||||||
22 | (4) To defend all actions and proceedings brought | ||||||
23 | against his
county, or against any county or State officer, | ||||||
24 | in his official
capacity, within his county.
| ||||||
25 | (5) To attend the examination of all persons brought |
| |||||||
| |||||||
1 | before any judge
on habeas corpus, when the prosecution is | ||||||
2 | in his county.
| ||||||
3 | (6) To attend before judges and prosecute charges of | ||||||
4 | felony or
misdemeanor, for which the offender is required | ||||||
5 | to be recognized to appear
before the circuit court, when | ||||||
6 | in his power so to do.
| ||||||
7 | (7) To give his opinion, without fee or reward, to any | ||||||
8 | county officer
in his county, upon any question or law | ||||||
9 | relating to any criminal or other
matter, in which the | ||||||
10 | people or the county may be concerned.
| ||||||
11 | (8) To assist the attorney general whenever it may be | ||||||
12 | necessary, and in
cases of appeal from his county to the | ||||||
13 | Supreme Court, to which it is the
duty of the attorney | ||||||
14 | general to attend, he shall furnish the attorney general
at | ||||||
15 | least 10 days before such is due to be filed, a manuscript | ||||||
16 | of a proposed
statement, brief and argument to be printed | ||||||
17 | and filed on behalf of the people,
prepared in accordance | ||||||
18 | with the rules of the Supreme Court. However, if
such | ||||||
19 | brief, argument or other document is due to be filed by law | ||||||
20 | or order
of court within this 10 day period, then the | ||||||
21 | State's attorney shall furnish
such as soon as may be | ||||||
22 | reasonable.
| ||||||
23 | (9) To pay all moneys received by him in trust, without | ||||||
24 | delay, to the
officer who by law is entitled to the custody | ||||||
25 | thereof.
| ||||||
26 | (10) To notify, by first class mail, complaining |
| |||||||
| |||||||
1 | witnesses of the ultimate
disposition of the cases arising | ||||||
2 | from an indictment or an information.
| ||||||
3 | (11) To perform such other and further duties as may, | ||||||
4 | from time to time,
be enjoined on him by law.
| ||||||
5 | (12) To appear in all proceedings by collectors of | ||||||
6 | taxes against
delinquent taxpayers for judgments to sell | ||||||
7 | real estate, and see that all the
necessary preliminary | ||||||
8 | steps have been legally taken to make the judgment legal
| ||||||
9 | and binding.
| ||||||
10 | (b) The State's Attorney of each county shall have | ||||||
11 | authority to
appoint one or more special investigators to serve | ||||||
12 | subpoenas, make return
of process and conduct investigations | ||||||
13 | which assist the State's Attorney in
the performance of his | ||||||
14 | duties. A special investigator shall not carry
firearms except | ||||||
15 | with permission of the State's Attorney and only while
carrying | ||||||
16 | appropriate identification indicating his employment and in | ||||||
17 | the
performance of his assigned duties.
| ||||||
18 | Subject to the qualifications set forth in this subsection, | ||||||
19 | special
investigators shall be peace officers and shall have | ||||||
20 | all the powers possessed
by investigators under the State's | ||||||
21 | Attorneys Appellate Prosecutor's Act.
| ||||||
22 | No special investigator employed by the State's Attorney | ||||||
23 | shall have peace
officer status or exercise police powers | ||||||
24 | unless he or she successfully
completes the basic police | ||||||
25 | training course mandated and approved by the
Illinois Law | ||||||
26 | Enforcement Training Standards Board or such
board waives the |
| |||||||
| |||||||
1 | training requirement by reason of the special
investigator's | ||||||
2 | prior law enforcement experience or training or both. Any
| ||||||
3 | State's Attorney appointing a special investigator shall | ||||||
4 | consult with all
affected local police agencies, to the extent | ||||||
5 | consistent with the public
interest, if the special | ||||||
6 | investigator is assigned to areas within that
agency's | ||||||
7 | jurisdiction.
| ||||||
8 | Before a person is appointed as a special investigator, his
| ||||||
9 | fingerprints shall be taken and transmitted to the Department | ||||||
10 | of State
Police. The Department shall examine its records and | ||||||
11 | submit to the State's
Attorney of the county in which the | ||||||
12 | investigator seeks appointment any
conviction information | ||||||
13 | concerning the person on file with the Department.
No person | ||||||
14 | shall be appointed as a special investigator if he has been
| ||||||
15 | convicted of a felony or other offense involving moral | ||||||
16 | turpitude. A
special investigator shall be paid a salary and be | ||||||
17 | reimbursed for actual
expenses incurred in performing his | ||||||
18 | assigned duties. The county board
shall approve the salary and | ||||||
19 | actual expenses and appropriate the salary
and expenses in the | ||||||
20 | manner prescribed by law or ordinance.
| ||||||
21 | (c) The State's
Attorney may request and receive from | ||||||
22 | employers, labor unions, telephone
companies, and utility | ||||||
23 | companies
location information concerning putative fathers and | ||||||
24 | noncustodial parents for
the purpose of establishing a child's | ||||||
25 | paternity or establishing, enforcing, or
modifying a child | ||||||
26 | support obligation. In this subsection, "location
information"
|
| |||||||
| |||||||
1 | means information about (i) the physical whereabouts of a | ||||||
2 | putative father or
noncustodial parent, (ii) the putative | ||||||
3 | father or noncustodial parent's
employer, or
(iii) the salary, | ||||||
4 | wages, and other
compensation paid and the health insurance | ||||||
5 | coverage provided to the putative
father or noncustodial parent | ||||||
6 | by the employer of the putative father or
noncustodial parent
| ||||||
7 | or by a labor union of which the putative father or | ||||||
8 | noncustodial parent is a
member.
| ||||||
9 | (d) (Blank)
For each State fiscal year, the
State's | ||||||
10 | Attorney of Cook County shall appear before the General | ||||||
11 | Assembly and
request appropriations to be made from the Capital | ||||||
12 | Litigation Trust Fund to the
State Treasurer for the purpose of | ||||||
13 | providing assistance in the prosecution of
capital cases in | ||||||
14 | Cook County and for the purpose of providing assistance to the | ||||||
15 | State in post-conviction proceedings in capital cases under | ||||||
16 | Article 122 of the Code of Criminal Procedure of 1963 and in | ||||||
17 | relation to petitions filed under Section 2-1401 of the Code of | ||||||
18 | Civil Procedure in relation to capital cases. The State's | ||||||
19 | Attorney may appear before the
General Assembly at other times | ||||||
20 | during the State's fiscal year to request
supplemental | ||||||
21 | appropriations from the Trust Fund to the State Treasurer .
| ||||||
22 | (e) The State's Attorney shall have the authority to enter | ||||||
23 | into a written
agreement with the Department of Revenue for | ||||||
24 | pursuit of civil
liability under Section 17-1a of the Criminal | ||||||
25 | Code of 1961 against persons who
have issued to the Department | ||||||
26 | checks or other orders in violation of the
provisions of |
| |||||||
| |||||||
1 | paragraph (d) of subsection (B) of Section 17-1 of the Criminal
| ||||||
2 | Code of 1961, with the Department to retain the amount owing | ||||||
3 | upon the
dishonored check or order along with the dishonored | ||||||
4 | check fee imposed under the
Uniform Penalty and Interest Act, | ||||||
5 | with the balance of damages, fees, and costs
collected under | ||||||
6 | Section 17-1a of the Criminal Code of 1961 to be retained by
| ||||||
7 | the State's Attorney. The agreement shall not affect the | ||||||
8 | allocation of fines
and costs imposed in any criminal | ||||||
9 | prosecution.
| ||||||
10 | (Source: P.A. 92-492, eff. 1-1-02; 93-972, eff. 8-20-04.)
| ||||||
11 | (55 ILCS 5/3-4006.1 rep.)
| ||||||
12 | Section 35. The Counties Code is amended by repealing | ||||||
13 | Section 3-4006.1.
| ||||||
14 | Section 40. The School Code is amended by changing Section | ||||||
15 | 21-23b as
follows:
| ||||||
16 | (105 ILCS 5/21-23b) (from Ch. 122, par. 21-23b)
| ||||||
17 | Sec. 21-23b. Conviction of felony.
| ||||||
18 | (a) Whenever the holder of any certificate issued under | ||||||
19 | this Article is
employed by the school board of any school | ||||||
20 | district, including a special
charter district or school | ||||||
21 | district organized under Article 34, and is
convicted, either | ||||||
22 | after a bench trial, trial by jury, or plea of guilty, of
any | ||||||
23 | offense for which a sentence to death or a term of imprisonment |
| |||||||
| |||||||
1 | in a
penitentiary for one year or more is provided, the school | ||||||
2 | board shall
promptly notify the State Board of Education in | ||||||
3 | writing of the name of the
certificate holder, the fact of the | ||||||
4 | conviction, and the name and location
of the court in which the | ||||||
5 | conviction occurred.
| ||||||
6 | (b) Whenever the State Board of Education receives notice | ||||||
7 | of a
conviction under subsection (a) or otherwise learns that | ||||||
8 | any person who is
a "teacher" as that term is defined in | ||||||
9 | Section 16-106 of the Illinois
Pension Code has been convicted, | ||||||
10 | either after a bench trial, trial by jury,
or plea of guilty, | ||||||
11 | of any offense for which a sentence to death or a term
of | ||||||
12 | imprisonment in a penitentiary for one year or more is | ||||||
13 | provided, the
State Board of Education shall promptly notify in | ||||||
14 | writing the board of
trustees of the Teachers' Retirement | ||||||
15 | System of the State of Illinois and
the board of trustees of | ||||||
16 | the Public School Teachers' Pension and Retirement
Fund of the | ||||||
17 | City of Chicago of the name of the certificate holder or
| ||||||
18 | teacher, the fact of the conviction, the name and location of | ||||||
19 | the court in
which the conviction occurred, and the number | ||||||
20 | assigned in that court to the
case in which the conviction | ||||||
21 | occurred.
| ||||||
22 | (Source: P.A. 87-1001.)
| ||||||
23 | Section 45. The Illinois Public Aid Code is amended by | ||||||
24 | changing Section 1-8
as follows:
|
| |||||||
| |||||||
1 | (305 ILCS 5/1-8)
| ||||||
2 | Sec. 1-8. Fugitives ineligible.
| ||||||
3 | (a) The following persons are not eligible for aid under | ||||||
4 | this Code, or
federal food stamps or federal food stamp | ||||||
5 | benefits:
| ||||||
6 | (1) A person who has fled from the jurisdiction of any | ||||||
7 | court of record of
this or any other state or of the United | ||||||
8 | States to avoid prosecution for
a felony or to avoid giving | ||||||
9 | testimony in any criminal proceeding involving the
alleged | ||||||
10 | commission of a felony.
| ||||||
11 | (2) A person who has fled to avoid imprisonment in a | ||||||
12 | correctional facility
of this or any other state
or the | ||||||
13 | United States for having committed a felony.
| ||||||
14 | (3) A person who has escaped from a correctional | ||||||
15 | facility of this or any
other state or the United
States if | ||||||
16 | the person was incarcerated for having committed a felony.
| ||||||
17 | (4) A person who is violating a condition of probation | ||||||
18 | or parole imposed
under federal or State law.
| ||||||
19 | In this Section, "felony" means a violation of a penal | ||||||
20 | statute of this
State for which a sentence to a term of | ||||||
21 | imprisonment in a penitentiary for
one year or more is provided | ||||||
22 | or a violation of a penal statute of
or any
other state or the | ||||||
23 | United States for which a sentence to death or to a term of
| ||||||
24 | imprisonment in a penitentiary for one year or more is | ||||||
25 | provided.
| ||||||
26 | To implement this Section, the Illinois Department may |
| |||||||
| |||||||
1 | exchange necessary
information with an appropriate law | ||||||
2 | enforcement agency of this or any other
state, a political | ||||||
3 | subdivision of this or any other state, or the United
States.
| ||||||
4 | (b) (Blank).
| ||||||
5 | (Source: P.A. 92-111, eff. 1-1-02.)
| ||||||
6 | Section 50. The Criminal Code of 1961 is amended by | ||||||
7 | changing Sections 2-7,
7-10, 9-1, 9-1.2, 29D-30, 30-1, and | ||||||
8 | 33B-1 as follows:
| ||||||
9 | (720 ILCS 5/2-7) (from Ch. 38, par. 2-7)
| ||||||
10 | Sec. 2-7. "Felony".
| ||||||
11 | "Felony" means an offense for which a sentence to death or | ||||||
12 | to a term of
imprisonment in a penitentiary for one year or | ||||||
13 | more is provided.
| ||||||
14 | (Source: P.A. 77-2638.)
| ||||||
15 | (720 ILCS 5/7-10) (from Ch. 38, par. 7-10)
| ||||||
16 | Sec. 7-10.
Execution of death sentence.
| ||||||
17 | A public officer who, in the exercise of his official duty, | ||||||
18 | puts a
person to death pursuant to a sentence of a court of | ||||||
19 | competent
jurisdiction made before the effective date of this | ||||||
20 | amendatory Act of the
96th General Assembly , is justified if he | ||||||
21 | acts in accordance with the
sentence
pronounced and the law | ||||||
22 | prescribing the procedure for execution of a death
sentence.
| ||||||
23 | (Source: Laws 1961, p. 1983.)
|
| |||||||
| |||||||
1 | (720 ILCS 5/9-1) (from Ch. 38, par. 9-1) | ||||||
2 | Sec. 9-1. First degree Murder - Death penalties - | ||||||
3 | Exceptions - Separate
Hearings - Proof - Findings - Appellate | ||||||
4 | procedures - Reversals .
| ||||||
5 | (a) A person who kills an individual without lawful | ||||||
6 | justification commits
first degree murder if, in performing the | ||||||
7 | acts which cause the
death:
| ||||||
8 | (1) he either intends to kill or do great bodily harm | ||||||
9 | to that
individual or another, or knows that such acts will | ||||||
10 | cause death to that
individual or another; or
| ||||||
11 | (2) he knows that such acts create a strong probability | ||||||
12 | of death or
great bodily harm to that individual or | ||||||
13 | another; or
| ||||||
14 | (3) he is attempting or committing a forcible felony | ||||||
15 | other than
second degree murder.
| ||||||
16 | (b) Aggravating Factors. A defendant who at the time of the
| ||||||
17 | commission of the offense has attained the age of 18 or more | ||||||
18 | and who has
been found guilty of first degree murder may be | ||||||
19 | sentenced to a term of natural life imprisonment
death if:
| ||||||
20 | (1) the murdered individual was a peace officer or | ||||||
21 | fireman killed in
the course of performing his official | ||||||
22 | duties, to prevent the performance
of his official duties, | ||||||
23 | or in retaliation for performing his official
duties, and | ||||||
24 | the defendant knew or
should have known that the murdered | ||||||
25 | individual was a peace officer or
fireman; or
|
| |||||||
| |||||||
1 | (2) the murdered individual was an employee of an | ||||||
2 | institution or
facility of the Department of Corrections, | ||||||
3 | or any similar local
correctional agency, killed in the | ||||||
4 | course of performing his official
duties, to prevent the | ||||||
5 | performance of his official duties, or in
retaliation for | ||||||
6 | performing his official duties, or the murdered
individual | ||||||
7 | was an inmate at such institution or facility and was | ||||||
8 | killed on the
grounds thereof, or the murdered individual | ||||||
9 | was otherwise present in such
institution or facility with | ||||||
10 | the knowledge and approval of the chief
administrative | ||||||
11 | officer thereof; or
| ||||||
12 | (3) the defendant has been convicted of murdering two | ||||||
13 | or more
individuals under subsection (a) of this Section or | ||||||
14 | under any law of the
United States or of any state which is | ||||||
15 | substantially similar to
subsection (a) of this Section | ||||||
16 | regardless of whether the deaths
occurred as the result of | ||||||
17 | the same act or of several related or
unrelated acts so | ||||||
18 | long as the deaths were the result of either an intent
to | ||||||
19 | kill more than one person or of separate acts which
the | ||||||
20 | defendant knew would cause death or create a strong | ||||||
21 | probability of
death or great bodily harm to the murdered | ||||||
22 | individual or another; or
| ||||||
23 | (4) the murdered individual was killed as a result of | ||||||
24 | the
hijacking of an airplane, train, ship, bus or other | ||||||
25 | public conveyance; or
| ||||||
26 | (5) the defendant committed the murder pursuant to a |
| |||||||
| |||||||
1 | contract,
agreement or understanding by which he was to | ||||||
2 | receive money or anything
of value in return for committing | ||||||
3 | the murder or procured another to
commit the murder for | ||||||
4 | money or anything of value; or
| ||||||
5 | (6) the murdered individual was killed in the course of | ||||||
6 | another felony if:
| ||||||
7 | (a) the murdered individual:
| ||||||
8 | (i) was actually killed by the defendant, or
| ||||||
9 | (ii) received physical injuries personally | ||||||
10 | inflicted by the defendant
substantially | ||||||
11 | contemporaneously with physical injuries caused by | ||||||
12 | one or
more persons for whose conduct the defendant | ||||||
13 | is legally accountable under
Section 5-2 of this | ||||||
14 | Code, and the physical injuries inflicted by | ||||||
15 | either
the defendant or the other person or persons | ||||||
16 | for whose conduct he is legally
accountable caused | ||||||
17 | the death of the murdered individual; and
| ||||||
18 | (b) in performing the acts which caused the death | ||||||
19 | of the murdered
individual or which resulted in | ||||||
20 | physical injuries personally inflicted by
the | ||||||
21 | defendant on the murdered individual under the | ||||||
22 | circumstances of
subdivision (ii) of subparagraph (a) | ||||||
23 | of paragraph (6) of subsection (b) of
this Section, the | ||||||
24 | defendant acted with the intent to kill the murdered
| ||||||
25 | individual or with the knowledge that his acts created | ||||||
26 | a strong probability
of death or great bodily harm to |
| |||||||
| |||||||
1 | the murdered individual or another; and
| ||||||
2 | (c) the other felony was an inherently violent | ||||||
3 | crime
or the attempt to commit an inherently
violent | ||||||
4 | crime.
In this subparagraph (c), "inherently violent | ||||||
5 | crime" includes, but is not
limited to, armed robbery, | ||||||
6 | robbery, predatory criminal sexual assault of a
child,
| ||||||
7 | aggravated criminal sexual assault, aggravated | ||||||
8 | kidnapping, aggravated vehicular
hijacking,
aggravated | ||||||
9 | arson, aggravated stalking, residential burglary, and | ||||||
10 | home
invasion; or
| ||||||
11 | (7) the murdered individual was under 12 years of age | ||||||
12 | and the
death resulted from exceptionally brutal or heinous | ||||||
13 | behavior indicative of
wanton cruelty; or
| ||||||
14 | (8) the defendant committed the murder with intent to
| ||||||
15 | prevent the murdered individual from testifying or | ||||||
16 | participating in any
criminal investigation or prosecution
| ||||||
17 | or giving material assistance to the State in any | ||||||
18 | investigation or
prosecution, either against the defendant | ||||||
19 | or another; or the defendant
committed the murder because | ||||||
20 | the murdered individual was a witness in any
prosecution or | ||||||
21 | gave material assistance to the State in any investigation
| ||||||
22 | or prosecution, either against the defendant or another;
| ||||||
23 | for purposes of this paragraph (8), "participating in any | ||||||
24 | criminal
investigation
or prosecution" is intended to | ||||||
25 | include those appearing in the proceedings in
any capacity | ||||||
26 | such as trial judges, prosecutors, defense attorneys,
|
| |||||||
| |||||||
1 | investigators, witnesses, or jurors; or
| ||||||
2 | (9) the defendant, while committing an offense | ||||||
3 | punishable under
Sections 401, 401.1, 401.2, 405, 405.2, | ||||||
4 | 407 or 407.1 or subsection (b) of
Section
404 of the | ||||||
5 | Illinois Controlled Substances Act, or while engaged in a
| ||||||
6 | conspiracy or solicitation to commit such offense, | ||||||
7 | intentionally killed an
individual or counseled, | ||||||
8 | commanded, induced, procured or caused the
intentional | ||||||
9 | killing of the murdered individual; or
| ||||||
10 | (10) the defendant was incarcerated in an institution | ||||||
11 | or facility of
the Department of Corrections at the time of | ||||||
12 | the murder, and while
committing an offense punishable as a | ||||||
13 | felony under Illinois law, or while
engaged in a conspiracy | ||||||
14 | or solicitation to commit such offense,
intentionally | ||||||
15 | killed an individual or counseled, commanded, induced,
| ||||||
16 | procured or caused the intentional killing of the murdered | ||||||
17 | individual; or
| ||||||
18 | (11) the murder was committed in a cold, calculated and | ||||||
19 | premeditated
manner pursuant to a preconceived plan, | ||||||
20 | scheme or design to take a human
life by unlawful means, | ||||||
21 | and the conduct of the defendant created a
reasonable | ||||||
22 | expectation that the death of a human being would result
| ||||||
23 | therefrom; or
| ||||||
24 | (12) the murdered individual was an emergency medical | ||||||
25 | technician -
ambulance, emergency medical technician - | ||||||
26 | intermediate, emergency medical
technician - paramedic, |
| |||||||
| |||||||
1 | ambulance driver, or
other medical assistance or first aid | ||||||
2 | personnel, employed by a municipality
or other | ||||||
3 | governmental unit, killed in the course of performing his | ||||||
4 | official
duties, to prevent the performance of his official | ||||||
5 | duties, or in retaliation
for performing his official | ||||||
6 | duties, and the defendant knew or should have
known that | ||||||
7 | the murdered individual was an emergency medical | ||||||
8 | technician -
ambulance, emergency medical technician - | ||||||
9 | intermediate, emergency medical
technician - paramedic, | ||||||
10 | ambulance driver, or
other medical assistance or first aid | ||||||
11 | personnel; or
| ||||||
12 | (13) the defendant was a principal administrator, | ||||||
13 | organizer, or leader
of a calculated criminal drug | ||||||
14 | conspiracy consisting of a hierarchical position
of | ||||||
15 | authority superior to that of all other members of the | ||||||
16 | conspiracy, and the
defendant counseled, commanded, | ||||||
17 | induced, procured, or caused the intentional
killing of the | ||||||
18 | murdered person;
or
| ||||||
19 | (14) the murder was intentional and involved the | ||||||
20 | infliction of torture.
For
the purpose of this Section | ||||||
21 | torture means the infliction of or subjection to
extreme | ||||||
22 | physical pain, motivated by an intent to increase or | ||||||
23 | prolong the pain,
suffering or agony of the victim; or
| ||||||
24 | (15) the murder was committed as a result of the | ||||||
25 | intentional discharge
of a firearm by the defendant from a | ||||||
26 | motor vehicle and the victim was not
present within the |
| |||||||
| |||||||
1 | motor vehicle; or
| ||||||
2 | (16) the murdered individual was 60 years of age or | ||||||
3 | older and the death
resulted
from exceptionally brutal or | ||||||
4 | heinous behavior indicative of wanton cruelty; or
| ||||||
5 | (17) the murdered individual was a disabled person and | ||||||
6 | the defendant knew
or
should have known that the murdered | ||||||
7 | individual was disabled. For purposes of
this paragraph | ||||||
8 | (17), "disabled person" means a person who suffers from a
| ||||||
9 | permanent physical or mental impairment resulting from | ||||||
10 | disease, an injury,
a functional disorder, or a congenital | ||||||
11 | condition that renders the person
incapable of
adequately | ||||||
12 | providing for his or her own health or personal care; or
| ||||||
13 | (18) the murder was committed by reason of any person's | ||||||
14 | activity as a
community policing volunteer or to prevent | ||||||
15 | any person from engaging in activity
as a community | ||||||
16 | policing volunteer; or
| ||||||
17 | (19) the murdered individual was subject to an order of | ||||||
18 | protection and the
murder was committed by a person against | ||||||
19 | whom the same order of protection was
issued under the | ||||||
20 | Illinois Domestic Violence Act of 1986; or
| ||||||
21 | (20) the murdered individual was known by the defendant | ||||||
22 | to be a teacher or
other person employed in any school and | ||||||
23 | the teacher or other employee is upon
the grounds of a | ||||||
24 | school or grounds adjacent to a school, or is in any part | ||||||
25 | of a
building used for school purposes; or
| ||||||
26 | (21) the murder was committed by the defendant in |
| |||||||
| |||||||
1 | connection with or as
a
result of the offense of terrorism | ||||||
2 | as defined in Section 29D-30 of this
Code.
| ||||||
3 | (c) (Blank).
Consideration of factors in Aggravation and | ||||||
4 | Mitigation.
| ||||||
5 | The court shall consider, or shall instruct the jury to | ||||||
6 | consider any
aggravating and any mitigating factors which are | ||||||
7 | relevant to the
imposition of the death penalty. Aggravating | ||||||
8 | factors may include but
need not be limited to those factors | ||||||
9 | set forth in subsection (b).
Mitigating factors may include but | ||||||
10 | need not be limited to the following:
| ||||||
11 | (1) the defendant has no significant history of prior | ||||||
12 | criminal
activity;
| ||||||
13 | (2) the murder was committed while the defendant was | ||||||
14 | under
the influence of extreme mental or emotional | ||||||
15 | disturbance, although not such
as to constitute a defense | ||||||
16 | to prosecution;
| ||||||
17 | (3) the murdered individual was a participant in the
| ||||||
18 | defendant's homicidal conduct or consented to the | ||||||
19 | homicidal act;
| ||||||
20 | (4) the defendant acted under the compulsion of threat | ||||||
21 | or
menace of the imminent infliction of death or great | ||||||
22 | bodily harm;
| ||||||
23 | (5) the defendant was not personally present during
| ||||||
24 | commission of the act or acts causing death;
| ||||||
25 | (6) the defendant's background includes a history of | ||||||
26 | extreme emotional
or physical abuse;
|
| |||||||
| |||||||
1 | (7) the defendant suffers from a reduced mental | ||||||
2 | capacity.
| ||||||
3 | (d) (Blank).
Separate sentencing hearing.
| ||||||
4 | Where requested by the State, the court shall conduct a | ||||||
5 | separate
sentencing proceeding to determine the existence of | ||||||
6 | factors set forth in
subsection (b) and to consider any | ||||||
7 | aggravating or mitigating factors as
indicated in subsection | ||||||
8 | (c). The proceeding shall be conducted:
| ||||||
9 | (1) before the jury that determined the defendant's | ||||||
10 | guilt; or
| ||||||
11 | (2) before a jury impanelled for the purpose of the | ||||||
12 | proceeding if:
| ||||||
13 | A. the defendant was convicted upon a plea of | ||||||
14 | guilty; or
| ||||||
15 | B. the defendant was convicted after a trial before | ||||||
16 | the court
sitting without a jury; or
| ||||||
17 | C. the court for good cause shown discharges the | ||||||
18 | jury that
determined the defendant's guilt; or
| ||||||
19 | (3) before the court alone if the defendant waives a | ||||||
20 | jury
for the separate proceeding.
| ||||||
21 | (e) (Blank).
Evidence and Argument.
| ||||||
22 | During the proceeding any information relevant to any of | ||||||
23 | the factors
set forth in subsection (b) may be presented by | ||||||
24 | either the State or the
defendant under the rules governing the | ||||||
25 | admission of evidence at
criminal trials. Any information | ||||||
26 | relevant to any additional aggravating
factors or any |
| |||||||
| |||||||
1 | mitigating factors indicated in subsection (c) may be
presented | ||||||
2 | by the State or defendant regardless of its admissibility
under | ||||||
3 | the rules governing the admission of evidence at criminal | ||||||
4 | trials.
The State and the defendant shall be given fair | ||||||
5 | opportunity to rebut any
information received at the hearing.
| ||||||
6 | (f) (Blank).
Proof.
| ||||||
7 | The burden of proof of establishing the existence of any of | ||||||
8 | the
factors set forth in subsection (b) is on the State and | ||||||
9 | shall not be
satisfied unless established beyond a reasonable | ||||||
10 | doubt.
| ||||||
11 | (g) (Blank).
Procedure - Jury.
| ||||||
12 | If at the separate sentencing proceeding the jury finds | ||||||
13 | that none of
the factors set forth in subsection (b) exists, | ||||||
14 | the court shall sentence
the defendant to a term of | ||||||
15 | imprisonment under Chapter V of the Unified
Code of | ||||||
16 | Corrections. If there is a unanimous finding by the jury that
| ||||||
17 | one or more of the factors set forth in subsection (b) exist, | ||||||
18 | the jury
shall consider aggravating and mitigating factors as | ||||||
19 | instructed by the
court and shall determine whether the | ||||||
20 | sentence of death shall be
imposed. If the jury determines | ||||||
21 | unanimously, after weighing the factors in
aggravation and | ||||||
22 | mitigation, that death is the appropriate sentence, the court | ||||||
23 | shall sentence the defendant to death.
If the court does not | ||||||
24 | concur with the jury determination that death is the
| ||||||
25 | appropriate sentence, the court shall set forth reasons in | ||||||
26 | writing
including what facts or circumstances the court relied |
| |||||||
| |||||||
1 | upon,
along with any relevant
documents, that compelled the | ||||||
2 | court to non-concur with the sentence. This
document and any | ||||||
3 | attachments shall be part of the record for appellate
review. | ||||||
4 | The court shall be bound by the jury's sentencing | ||||||
5 | determination.
| ||||||
6 | If after weighing the factors in aggravation and | ||||||
7 | mitigation, one or more
jurors determines that death is not the | ||||||
8 | appropriate sentence,
the
court shall sentence the defendant to | ||||||
9 | a term of imprisonment under
Chapter V of the Unified Code of | ||||||
10 | Corrections.
| ||||||
11 | (h) (Blank).
Procedure - No Jury.
| ||||||
12 | In a proceeding before the court alone, if the court finds | ||||||
13 | that none
of the factors found in subsection (b) exists, the | ||||||
14 | court shall sentence
the defendant to a term of imprisonment | ||||||
15 | under Chapter V of the Unified
Code of Corrections.
| ||||||
16 | If the Court determines that one or more of the factors set | ||||||
17 | forth in
subsection (b) exists, the Court shall consider any | ||||||
18 | aggravating and
mitigating factors as indicated in subsection | ||||||
19 | (c). If the Court
determines, after weighing the factors in | ||||||
20 | aggravation and mitigation, that
death is the appropriate | ||||||
21 | sentence, the Court shall sentence the
defendant to death.
| ||||||
22 | If
the court finds that death is not the
appropriate | ||||||
23 | sentence, the
court shall sentence the defendant to a term of | ||||||
24 | imprisonment under
Chapter V of the Unified Code of | ||||||
25 | Corrections.
| ||||||
26 | (h-5) (Blank).
Decertification as a capital case.
|
| |||||||
| |||||||
1 | In a case in which the defendant has been found guilty of | ||||||
2 | first degree murder
by a judge or jury, or a case on remand for | ||||||
3 | resentencing, and the State seeks
the death penalty as an | ||||||
4 | appropriate
sentence,
on the court's own motion or the written | ||||||
5 | motion of the defendant, the court
may decertify the case as a | ||||||
6 | death penalty case if the court finds that the only
evidence | ||||||
7 | supporting the defendant's conviction is the uncorroborated | ||||||
8 | testimony
of an informant witness, as defined in Section 115-21 | ||||||
9 | of the Code of Criminal
Procedure of 1963, concerning the | ||||||
10 | confession or admission of the defendant or
that the sole | ||||||
11 | evidence against the defendant is a single eyewitness or single
| ||||||
12 | accomplice without any other corroborating evidence.
If the | ||||||
13 | court decertifies the case as a capital case
under either of | ||||||
14 | the grounds set forth above, the court shall issue a
written | ||||||
15 | finding. The State may pursue its right to appeal the | ||||||
16 | decertification
pursuant to Supreme Court Rule 604(a)(1). If | ||||||
17 | the court does not
decertify the case as a capital case, the | ||||||
18 | matter shall proceed to the
eligibility phase of the sentencing | ||||||
19 | hearing.
| ||||||
20 | (i) (Blank).
Appellate Procedure.
| ||||||
21 | The conviction and sentence of death shall be subject to | ||||||
22 | automatic
review by the Supreme Court. Such review shall be in | ||||||
23 | accordance with
rules promulgated by the Supreme Court.
The | ||||||
24 | Illinois Supreme Court may overturn the death sentence, and | ||||||
25 | order the
imposition of imprisonment under Chapter V of the | ||||||
26 | Unified Code of
Corrections if the court finds that the death |
| |||||||
| |||||||
1 | sentence is fundamentally
unjust as applied to the particular | ||||||
2 | case.
If the Illinois Supreme Court finds that the
death | ||||||
3 | sentence is fundamentally unjust as applied to the particular | ||||||
4 | case,
independent of any procedural grounds for relief, the | ||||||
5 | Illinois Supreme Court
shall issue a written opinion explaining | ||||||
6 | this finding.
| ||||||
7 | (j) (Blank).
Disposition of reversed death sentence.
| ||||||
8 | In the event that the death penalty in this Act is held to | ||||||
9 | be
unconstitutional by the Supreme Court of the United States | ||||||
10 | or of the
State of Illinois, any person convicted of first | ||||||
11 | degree murder shall be
sentenced by the court to a term of | ||||||
12 | imprisonment under Chapter V of the
Unified Code of | ||||||
13 | Corrections.
| ||||||
14 | In the event that any death sentence pursuant to the | ||||||
15 | sentencing
provisions of this Section is declared | ||||||
16 | unconstitutional by the Supreme
Court of the United States or | ||||||
17 | of the State of Illinois, the court having
jurisdiction over a | ||||||
18 | person previously sentenced to death shall cause the
defendant | ||||||
19 | to be brought before the court, and the court shall sentence
| ||||||
20 | the defendant to a term of imprisonment under Chapter V of the
| ||||||
21 | Unified Code of Corrections.
| ||||||
22 | (k) (Blank).
Guidelines for seeking the death penalty.
| ||||||
23 | The Attorney General and
State's Attorneys Association | ||||||
24 | shall consult on voluntary guidelines for
procedures governing | ||||||
25 | whether or not to seek the death penalty. The guidelines
do not
| ||||||
26 | have the force of law and are only advisory in nature.
|
| |||||||
| |||||||
1 | (Source: P.A. 92-854, eff. 12-5-02; 93-605, eff. 11-19-03 .)
| ||||||
2 | (720 ILCS 5/9-1.2) (from Ch. 38, par. 9-1.2)
| ||||||
3 | Sec. 9-1.2. Intentional Homicide of an Unborn Child.
| ||||||
4 | (a) A person
commits the offense of intentional homicide of | ||||||
5 | an unborn child if, in
performing acts which cause the death of | ||||||
6 | an unborn child, he without lawful
justification:
| ||||||
7 | (1) either intended to cause the death of or do great | ||||||
8 | bodily harm to the
pregnant woman or her unborn child or | ||||||
9 | knew that such acts would cause death
or great bodily harm | ||||||
10 | to the pregnant woman or her unborn child; or
| ||||||
11 | (2) he knew that his acts created a strong probability | ||||||
12 | of death or great
bodily harm to the pregnant woman or her | ||||||
13 | unborn child; and
| ||||||
14 | (3) he knew that the woman was pregnant.
| ||||||
15 | (b) For purposes of this Section, (1) "unborn child" shall | ||||||
16 | mean any
individual of the human species from fertilization | ||||||
17 | until birth, and (2)
"person" shall not include the pregnant | ||||||
18 | woman whose unborn child is killed.
| ||||||
19 | (c) This Section shall not apply to acts which cause the | ||||||
20 | death of an
unborn child if those acts were committed during | ||||||
21 | any abortion, as defined
in Section 2 of the Illinois Abortion | ||||||
22 | Law of 1975, as amended, to which the
pregnant woman has | ||||||
23 | consented. This Section shall not apply to acts which
were | ||||||
24 | committed pursuant to usual and customary standards of medical
| ||||||
25 | practice during diagnostic testing or therapeutic treatment.
|
| |||||||
| |||||||
1 | (d) Penalty. The sentence for intentional homicide of an | ||||||
2 | unborn child
shall be the same as for first degree murder, | ||||||
3 | except that:
| ||||||
4 | (1) (Blank);
the death penalty may not be imposed;
| ||||||
5 | (2) if the person committed the offense while armed | ||||||
6 | with a firearm, 15
years shall be added to the term of | ||||||
7 | imprisonment imposed by the court;
| ||||||
8 | (3) if, during the commission of the offense, the | ||||||
9 | person personally
discharged a firearm, 20 years shall be | ||||||
10 | added to the term of imprisonment
imposed by the court;
| ||||||
11 | (4) if, during the commission of the offense, the | ||||||
12 | person personally
discharged a firearm that proximately | ||||||
13 | caused great bodily harm, permanent
disability, permanent | ||||||
14 | disfigurement, or death to another person, 25 years or up
| ||||||
15 | to a term of natural life shall be added to the term of | ||||||
16 | imprisonment imposed by
the court.
| ||||||
17 | (e) The provisions of this Act shall not be construed to | ||||||
18 | prohibit the
prosecution of any person under any other | ||||||
19 | provision of law.
| ||||||
20 | (Source: P.A. 91-404, eff. 1-1-00.)
| ||||||
21 | (720 ILCS 5/29D-30)
| ||||||
22 | Sec. 29D-30. Terrorism.
| ||||||
23 | (a) A person is guilty of terrorism when, with the intent | ||||||
24 | to
intimidate or coerce a significant portion of a civilian | ||||||
25 | population:
|
| |||||||
| |||||||
1 | (1) he or she knowingly commits a terrorist act as | ||||||
2 | defined in Section
29D-10(1) of this Code within this
| ||||||
3 | State; or
| ||||||
4 | (2) he or she, while outside this State, knowingly | ||||||
5 | commits a terrorist
act as defined in Section 29D-10(1) of | ||||||
6 | this Code that takes effect within this
State or produces | ||||||
7 | substantial
detrimental effects within this State.
| ||||||
8 | (b) Sentence. Terrorism is a Class X felony. If no deaths | ||||||
9 | are caused by the
terrorist act, the sentence
shall be a term | ||||||
10 | of 20 years to natural life imprisonment; however,
if the | ||||||
11 | terrorist act caused the death of one or more persons, a | ||||||
12 | mandatory term
of natural life imprisonment shall be the | ||||||
13 | sentence in the event the death
penalty is not imposed .
| ||||||
14 | (Source: P.A. 92-854, eff. 12-5-02.)
| ||||||
15 | (720 ILCS 5/30-1) (from Ch. 38, par. 30-1)
| ||||||
16 | Sec. 30-1. Treason. (a) A person owing allegiance to this
| ||||||
17 | State commits treason when he or she knowingly:
| ||||||
18 | (1) Levies war against this State; or
| ||||||
19 | (2) Adheres to the enemies of this State, giving them
| ||||||
20 | aid or comfort.
| ||||||
21 | (b) No person may be convicted of treason except on the
| ||||||
22 | testimony of 2 witnesses to the same overt act, or on his
| ||||||
23 | confession in open court.
| ||||||
24 | (c) Sentence. Treason is a Class X felony for which an
| ||||||
25 | offender may be sentenced to death under Section 5-5-3 of
the |
| |||||||
| |||||||
1 | Unified Code of Corrections .
| ||||||
2 | (Source: P.A. 80-1099.)
| ||||||
3 | (720 ILCS 5/33B-1) (from Ch. 38, par. 33B-1)
| ||||||
4 | Sec. 33B-1. (a) Every person who has been twice convicted | ||||||
5 | in any state
or federal court of an offense that contains the | ||||||
6 | same elements as an offense
now classified in Illinois as a | ||||||
7 | Class X felony, criminal sexual assault,
aggravated kidnapping
| ||||||
8 | or first degree murder, and is thereafter convicted of a Class | ||||||
9 | X felony,
criminal sexual assault or first degree murder, | ||||||
10 | committed after the 2 prior
convictions, shall be adjudged an | ||||||
11 | habitual criminal.
| ||||||
12 | (b) The 2 prior convictions need not have been for the same | ||||||
13 | offense.
| ||||||
14 | (c) Any convictions which result from or are connected with | ||||||
15 | the
same transaction, or result from offenses committed at the | ||||||
16 | same time,
shall be counted for the purposes of this Section as | ||||||
17 | one conviction.
| ||||||
18 | (d) This Article shall not apply unless each of the | ||||||
19 | following requirements
are satisfied:
| ||||||
20 | (1) the third offense was committed after the effective | ||||||
21 | date of this Act;
| ||||||
22 | (2) the third offense was committed within 20 years of | ||||||
23 | the date that
judgment was entered on the first conviction, | ||||||
24 | provided, however, that time
spent in custody shall not be | ||||||
25 | counted;
|
| |||||||
| |||||||
1 | (3) the third offense was committed after conviction on | ||||||
2 | the second
offense;
| ||||||
3 | (4) the second offense was committed after conviction | ||||||
4 | on the first
offense.
| ||||||
5 | (e) Except when the death penalty is imposed, Anyone | ||||||
6 | adjudged an
habitual
criminal shall be sentenced to life | ||||||
7 | imprisonment.
| ||||||
8 | (Source: P.A. 88-677, eff. 12-15-94.)
| ||||||
9 | Section 55. The Cannabis Control Act is amended by changing | ||||||
10 | Section 9 as
follows:
| ||||||
11 | (720 ILCS 550/9) (from Ch. 56 1/2, par. 709)
| ||||||
12 | Sec. 9. (a) Any person who engages in a calculated criminal
| ||||||
13 | cannabis conspiracy, as defined in subsection (b), is guilty of | ||||||
14 | a Class
3 felony, and fined not more than $200,000 and shall be | ||||||
15 | subject to the
forfeitures prescribed in subsection (c); except | ||||||
16 | that, if any person
engages in such offense after one or more | ||||||
17 | prior convictions under this
Section, Section 4 (d), Section 5 | ||||||
18 | (d), Section 8 (d) or any law of the United
States
or of any | ||||||
19 | State relating to cannabis, or controlled substances as
defined | ||||||
20 | in the Illinois Controlled Substances Act, in addition to the
| ||||||
21 | fine and forfeiture authorized above, he shall be guilty of a | ||||||
22 | Class 1
felony for which an offender may not be sentenced to | ||||||
23 | death .
| ||||||
24 | (b) For purposes of this section, a person engages in a |
| |||||||
| |||||||
1 | calculated
criminal cannabis conspiracy when:
| ||||||
2 | (1) he violates Section 4 (d), 4 (e), 5 (d), 5 (e), 8 (c)
or | ||||||
3 | 8 (d) of this Act; and
| ||||||
4 | (2) such violation is a part of a conspiracy undertaken or | ||||||
5 | carried
on with 2 or more other persons; and
| ||||||
6 | (3) he obtains anything of value greater than $500 from, or
| ||||||
7 | organizes, directs or finances such violation or conspiracy.
| ||||||
8 | (c) Any person who is convicted under this Section of | ||||||
9 | engaging in a
calculated criminal cannabis conspiracy shall | ||||||
10 | forfeit to the State of
Illinois:
| ||||||
11 | (1) the receipts obtained by him in such conspiracy; and
| ||||||
12 | (2) any of his interests in, claims against, receipts from, | ||||||
13 | or
property or rights of any kind affording a source of | ||||||
14 | influence over,
such conspiracy.
| ||||||
15 | (d) The circuit court may enter such injunctions, | ||||||
16 | restraining
orders, directions, or prohibitions, or take such | ||||||
17 | other actions,
including the acceptance of satisfactory | ||||||
18 | performance bonds, in
connection with any property, claim, | ||||||
19 | receipt, right or other interest
subject to forfeiture under | ||||||
20 | this Section, as it deems proper.
| ||||||
21 | (Source: P.A. 84-1233.)
| ||||||
22 | Section 60. The Code of Criminal Procedure of 1963 is | ||||||
23 | amended by changing
Sections 104-26, 111-3, 113-3, 114-5, | ||||||
24 | 115-4, 115-4.1, 116-4, 119-5, 121-13, 122-1, 122-2.1, and 122-4 | ||||||
25 | as
follows:
|
| |||||||
| |||||||
1 | (725 ILCS 5/104-26) (from Ch. 38, par. 104-26)
| ||||||
2 | Sec. 104-26. Disposition of Defendants suffering | ||||||
3 | disabilities.
| ||||||
4 | (a) A defendant convicted following a trial conducted under | ||||||
5 | the provisions
of Section 104-22 shall not be sentenced before | ||||||
6 | a written presentence report of
investigation is presented to | ||||||
7 | and considered by the court. The presentence
report shall be | ||||||
8 | prepared pursuant to Sections 5-3-2, 5-3-3 and 5-3-4 of
the | ||||||
9 | Unified Code of Corrections, as now or hereafter amended, and | ||||||
10 | shall
include a physical and mental examination unless the | ||||||
11 | court finds that the
reports of prior physical and mental | ||||||
12 | examinations conducted pursuant to
this Article are adequate | ||||||
13 | and recent enough so that additional examinations
would be | ||||||
14 | unnecessary.
| ||||||
15 | (b) (Blank).
A defendant convicted following a trial under | ||||||
16 | Section
104-22 shall
not be subject to the death penalty.
| ||||||
17 | (c) A defendant convicted following a trial under Section | ||||||
18 | 104-22 shall
be sentenced according to
the procedures and | ||||||
19 | dispositions authorized under the Unified Code of
Corrections,
| ||||||
20 | as now or hereafter amended, subject to the following | ||||||
21 | provisions:
| ||||||
22 | (1) The court shall not impose a sentence of | ||||||
23 | imprisonment upon the
offender
if the court believes that | ||||||
24 | because of his disability a sentence of imprisonment
would | ||||||
25 | not serve the ends of justice and the interests of society |
| |||||||
| |||||||
1 | and the
offender or that because of his disability a | ||||||
2 | sentence of imprisonment would
subject the offender to | ||||||
3 | excessive hardship. In addition to any other
conditions of | ||||||
4 | a sentence of conditional discharge or probation the court | ||||||
5 | may
require
that the offender undergo treatment | ||||||
6 | appropriate to his mental or physical
condition.
| ||||||
7 | (2) After imposing a sentence of imprisonment upon an | ||||||
8 | offender who has
a mental disability, the court may remand | ||||||
9 | him to the custody of the Department
of Human Services and
| ||||||
10 | order a hearing to be
conducted pursuant to the provisions | ||||||
11 | of the Mental Health and Developmental
Disabilities Code, | ||||||
12 | as now or hereafter amended. If the offender is committed
| ||||||
13 | following such hearing, he shall be treated in the same | ||||||
14 | manner as any other
civilly committed patient for all | ||||||
15 | purposes except as provided in this Section.
If the | ||||||
16 | defendant is not committed pursuant to such hearing, he | ||||||
17 | shall be
remanded to the sentencing court for disposition | ||||||
18 | according to the sentence
imposed.
| ||||||
19 | (3) If the court imposes a sentence of imprisonment | ||||||
20 | upon an offender who
has a mental disability but does not | ||||||
21 | proceed under subparagraph (2) of
paragraph
(c) of this | ||||||
22 | Section, it shall order the Department of Corrections
to | ||||||
23 | proceed pursuant to Section 3-8-5 of the Unified Code of | ||||||
24 | Corrections,
as now or hereafter amended.
| ||||||
25 | (4) If the court imposes a sentence of imprisonment | ||||||
26 | upon an offender
who has a physical disability, it may |
| |||||||
| |||||||
1 | authorize the Department of Corrections
to place the | ||||||
2 | offender in a public or private facility which is able to | ||||||
3 | provide
care or treatment for the offender's disability and | ||||||
4 | which agrees to do so.
| ||||||
5 | (5) When an offender is placed with the Department of | ||||||
6 | Human Services or
another facility pursuant
to | ||||||
7 | subparagraph (2) or (4) of this paragraph (c), the | ||||||
8 | Department or private
facility shall
not discharge or allow | ||||||
9 | the offender to be at large in the community without
prior | ||||||
10 | approval of the court. If the defendant is placed in the | ||||||
11 | custody
of the Department of Human Services, the defendant
| ||||||
12 | shall be placed in a secure setting unless the court | ||||||
13 | determines that there
are compelling reasons why such | ||||||
14 | placement is not necessary. The offender
shall accrue good | ||||||
15 | time and shall be eligible for parole in the same manner
as | ||||||
16 | if he were serving his sentence within the Department of | ||||||
17 | Corrections.
When the offender no longer requires | ||||||
18 | hospitalization, care, or treatment,
the Department of | ||||||
19 | Human Services or the facility shall transfer him,
if his | ||||||
20 | sentence has not expired, to the Department of Corrections. | ||||||
21 | If an
offender is transferred to the Department of | ||||||
22 | Corrections, the Department of
Human Services shall
| ||||||
23 | transfer to the Department of Corrections all related | ||||||
24 | records pertaining to
length of custody and treatment | ||||||
25 | services provided during the time the offender
was held.
| ||||||
26 | (6) The Department of Corrections shall notify the |
| |||||||
| |||||||
1 | Department of
Human
Services or a facility in
which an | ||||||
2 | offender
has been placed pursuant to subparagraph (2) or | ||||||
3 | (4) of paragraph (c) of
this Section of the expiration of | ||||||
4 | his sentence. Thereafter, an offender
in the Department of | ||||||
5 | Human Services shall
continue to be treated pursuant to his | ||||||
6 | commitment order and shall be considered
a civilly | ||||||
7 | committed patient for all purposes including discharge. An | ||||||
8 | offender
who is in a facility pursuant to subparagraph (4)
| ||||||
9 | of paragraph (c) of this Section shall be informed by the | ||||||
10 | facility of the
expiration of his sentence, and shall | ||||||
11 | either consent to the continuation of
his care or treatment | ||||||
12 | by the facility or shall be discharged.
| ||||||
13 | (Source: P.A. 89-507, eff. 7-1-97.)
| ||||||
14 | (725 ILCS 5/111-3) (from Ch. 38, par. 111-3)
| ||||||
15 | Sec. 111-3. Form of charge.
| ||||||
16 | (a) A charge shall be in writing and allege the commission | ||||||
17 | of an
offense by:
| ||||||
18 | (1) Stating the name of the offense;
| ||||||
19 | (2) Citing the statutory provision alleged to have been | ||||||
20 | violated;
| ||||||
21 | (3) Setting forth the nature and elements of the | ||||||
22 | offense charged;
| ||||||
23 | (4) Stating the date and county of the offense as | ||||||
24 | definitely as can be
done; and
| ||||||
25 | (5) Stating the name of the accused, if known, and if |
| |||||||
| |||||||
1 | not known,
designate the accused by any name or description | ||||||
2 | by which he can be
identified with reasonable certainty.
| ||||||
3 | (b) An indictment shall be signed by the foreman of the | ||||||
4 | Grand Jury and
an information shall be signed by the State's | ||||||
5 | Attorney and sworn to by him
or another. A complaint shall be | ||||||
6 | sworn to and signed by the complainant;
Provided, however, that | ||||||
7 | when a citation is issued on a Uniform Traffic
Ticket or | ||||||
8 | Uniform Conservation Ticket (in a form prescribed by the
| ||||||
9 | Conference of Chief Circuit Judges and filed with the Supreme | ||||||
10 | Court), the
copy of such Uniform Ticket which is filed with the | ||||||
11 | circuit court
constitutes a complaint to which the defendant | ||||||
12 | may plead, unless he
specifically requests that a verified | ||||||
13 | complaint be filed.
| ||||||
14 | (c) When the State seeks an enhanced sentence because of a | ||||||
15 | prior
conviction, the charge shall also state the intention to | ||||||
16 | seek an enhanced
sentence and shall state such prior conviction | ||||||
17 | so as to give notice to the
defendant. However, the fact of | ||||||
18 | such prior conviction and the State's
intention to seek an | ||||||
19 | enhanced sentence are not elements of the offense and
may not | ||||||
20 | be disclosed to the jury during trial unless otherwise | ||||||
21 | permitted by
issues properly raised during such trial.
For the | ||||||
22 | purposes of this Section, "enhanced sentence" means a sentence
| ||||||
23 | which is increased by a prior conviction from one | ||||||
24 | classification of offense
to another higher level | ||||||
25 | classification of offense set forth in Section
5-5-1 of the | ||||||
26 | "Unified Code of Corrections", approved July 26, 1972, as
|
| |||||||
| |||||||
1 | amended; it does not include an increase in the sentence | ||||||
2 | applied within the
same level of classification of offense.
| ||||||
3 | (c-5) Notwithstanding any other provision of law, in all | ||||||
4 | cases in which
the
imposition of the death penalty is not a | ||||||
5 | possibility, if an alleged fact (other
than the fact of a prior | ||||||
6 | conviction) is not an element of an offense but is
sought to be | ||||||
7 | used to increase the range of penalties for the offense beyond | ||||||
8 | the
statutory maximum that could otherwise be imposed for the | ||||||
9 | offense, the alleged
fact must be included in the charging | ||||||
10 | instrument or otherwise provided to the
defendant through a | ||||||
11 | written notification before trial, submitted to a trier
of fact | ||||||
12 | as an aggravating factor, and proved beyond a reasonable doubt.
| ||||||
13 | Failure to prove the fact beyond a reasonable doubt is not a | ||||||
14 | bar to a
conviction
for commission of the offense, but is a bar | ||||||
15 | to increasing, based on that fact,
the range of penalties for | ||||||
16 | the offense beyond the statutory maximum that could
otherwise | ||||||
17 | be imposed for that offense. Nothing in this subsection (c-5)
| ||||||
18 | requires the
imposition of a sentence that increases the range | ||||||
19 | of penalties for the offense
beyond the statutory maximum that | ||||||
20 | could otherwise be imposed for the offense if
the imposition of | ||||||
21 | that sentence is not required by law.
| ||||||
22 | (d) At any time prior to trial, the State on motion shall | ||||||
23 | be permitted
to amend the charge, whether brought by | ||||||
24 | indictment, information or
complaint, to make the charge comply | ||||||
25 | with subsection (c) or (c-5) of this
Section. Nothing in | ||||||
26 | Section 103-5 of this Code precludes such an
amendment or a |
| |||||||
| |||||||
1 | written notification made in accordance with subsection (c-5) | ||||||
2 | of
this Section.
| ||||||
3 | (e) The provisions of Article 33B of the Criminal Code of | ||||||
4 | 1961,
as amended, shall not be affected by this Section.
| ||||||
5 | (Source: P.A. 91-953, eff. 2-23-01.)
| ||||||
6 | (725 ILCS 5/113-3) (from Ch. 38, par. 113-3)
| ||||||
7 | Sec. 113-3. (a) Every person charged with an offense shall | ||||||
8 | be
allowed counsel before pleading to the charge. If the | ||||||
9 | defendant desires
counsel and has been unable to obtain same | ||||||
10 | before arraignment the court
shall recess court or continue the | ||||||
11 | cause for a reasonable time to permit
defendant to obtain | ||||||
12 | counsel and consult with him before pleading to the
charge. If | ||||||
13 | the accused is a dissolved corporation, and is not represented
| ||||||
14 | by counsel, the court may, in the interest of justice, appoint | ||||||
15 | as counsel a
licensed attorney of this State.
| ||||||
16 | (b) In all cases, except where
the penalty is a fine only, | ||||||
17 | if the
court determines that the defendant is indigent and | ||||||
18 | desires counsel, the
Public Defender shall be appointed as | ||||||
19 | counsel. If there is no Public
Defender in the county or if the | ||||||
20 | defendant requests counsel other than
the Public Defender and | ||||||
21 | the court finds that the rights of the defendant
will be | ||||||
22 | prejudiced by the appointment of the Public Defender, the court
| ||||||
23 | shall appoint as counsel a licensed attorney at law of this | ||||||
24 | State,
except that in a county having a population of 2,000,000
| ||||||
25 | 1,000,000 or
more the
Public Defender shall be appointed as |
| |||||||
| |||||||
1 | counsel in all misdemeanor cases
where the defendant is | ||||||
2 | indigent and desires counsel unless the case
involves multiple | ||||||
3 | defendants, in which case the court may appoint
counsel other | ||||||
4 | than the Public Defender for the additional defendants.
The | ||||||
5 | court shall require an affidavit signed by any defendant who
| ||||||
6 | requests court-appointed counsel. Such affidavit shall be in | ||||||
7 | the form
established by the Supreme Court containing
sufficient | ||||||
8 | information to ascertain the assets and liabilities of that
| ||||||
9 | defendant. The Court may direct the Clerk of the Circuit Court | ||||||
10 | to
assist the defendant in the completion of the affidavit. Any | ||||||
11 | person who
knowingly files such affidavit containing false | ||||||
12 | information concerning
his assets and liabilities shall be | ||||||
13 | liable to the county where the
case, in which such false | ||||||
14 | affidavit is filed, is pending for the
reasonable value of the | ||||||
15 | services rendered by the public defender or
other | ||||||
16 | court-appointed counsel in the case to the extent that such
| ||||||
17 | services were unjustly or falsely procured.
| ||||||
18 | (c) Upon the filing with the court of a verified statement | ||||||
19 | of
services rendered the court shall order the county treasurer | ||||||
20 | of the
county of trial to pay counsel other than the Public | ||||||
21 | Defender a reasonable fee.
The court shall consider all | ||||||
22 | relevant circumstances, including but not limited
to the time | ||||||
23 | spent while court is in session, other time spent in | ||||||
24 | representing
the defendant, and expenses reasonably incurred | ||||||
25 | by counsel. In counties
with a population greater than | ||||||
26 | 2,000,000,
the court shall order the county
treasurer of the |
| |||||||
| |||||||
1 | county of trial to pay counsel other than the Public Defender
a | ||||||
2 | reasonable fee stated in the order and based upon a rate of | ||||||
3 | compensation
of not more than $40 for each hour spent while | ||||||
4 | court is in session and
not more than $30 for each hour | ||||||
5 | otherwise spent representing a
defendant, and such | ||||||
6 | compensation shall not exceed $150 for each
defendant | ||||||
7 | represented in misdemeanor cases and $1250 in felony cases, in
| ||||||
8 | addition to expenses reasonably incurred as hereinafter in this | ||||||
9 | Section
provided, except that, in extraordinary circumstances, | ||||||
10 | payment in excess
of the limits herein stated may be made if | ||||||
11 | the trial court certifies
that such payment is necessary to | ||||||
12 | provide fair compensation for
protracted representation. A | ||||||
13 | trial court may entertain the filing of this
verified statement | ||||||
14 | before the termination of the cause, and may order the
| ||||||
15 | provisional payment of sums during the pendency of the cause.
| ||||||
16 | (d) (Blank).
In capital cases, in addition to counsel, if | ||||||
17 | the court
determines that the defendant is indigent the court | ||||||
18 | may, upon the filing
with the court of a verified statement of | ||||||
19 | services rendered, order the
county Treasurer of the county of | ||||||
20 | trial to pay necessary expert
witnesses for defendant | ||||||
21 | reasonable compensation stated in the order not
to exceed $250 | ||||||
22 | for each defendant.
| ||||||
23 | (e) If the court in any county having a population greater | ||||||
24 | than
2,000,000
1,000,000 determines that the defendant is | ||||||
25 | indigent the court
may, upon the filing with the court of a | ||||||
26 | verified statement of such expenses,
order the county treasurer |
| |||||||
| |||||||
1 | of the county of trial, in such counties
having a population | ||||||
2 | greater than 2,000,000
1,000,000 to pay the general
expenses of | ||||||
3 | the trial incurred by the defendant not to exceed $50 for each
| ||||||
4 | defendant.
| ||||||
5 | (f) (Blank).
The provisions of this Section relating to | ||||||
6 | appointment
of counsel,
compensation of counsel, and payment of | ||||||
7 | expenses
in capital cases apply except when the compensation | ||||||
8 | and expenses are being
provided under the Capital Crimes | ||||||
9 | Litigation Act.
| ||||||
10 | (Source: P.A. 91-589, eff. 1-1-00.)
| ||||||
11 | (725 ILCS 5/114-5) (from Ch. 38, par. 114-5)
| ||||||
12 | Sec. 114-5. Substitution of judge.
| ||||||
13 | (a) Within 10 days after a cause involving only one | ||||||
14 | defendant has
been placed on the trial call of a judge the | ||||||
15 | defendant may move the
court in writing for a substitution of | ||||||
16 | that judge on the
ground that such judge is so prejudiced | ||||||
17 | against him that he
cannot receive a fair trial. Upon the | ||||||
18 | filing of such a motion the court
shall proceed no further in | ||||||
19 | the cause but shall transfer it to another judge
not named in | ||||||
20 | the motion. The defendant may name only one judge as | ||||||
21 | prejudiced,
pursuant to this subsection; provided, however,
| ||||||
22 | that in a case in which the offense charged is a Class X felony | ||||||
23 | or may be
punished by death or life imprisonment, the defendant | ||||||
24 | may name two judges
as
prejudiced.
| ||||||
25 | (b) Within 24 hours after a motion is made for substitution |
| |||||||
| |||||||
1 | of judge
in a cause with multiple defendants each defendant | ||||||
2 | shall have the right
to move in accordance with subsection (a) | ||||||
3 | of this Section for a
substitution of one judge. The total | ||||||
4 | number of judges named as
prejudiced by all defendants shall | ||||||
5 | not exceed the total number of
defendants. The first motion for | ||||||
6 | substitution of judge in a cause with
multiple defendants shall | ||||||
7 | be made within 10 days after the cause has
been placed on the | ||||||
8 | trial call of a judge.
| ||||||
9 | (c) Within 10 days after a cause has been placed on the | ||||||
10 | trial call of
a judge the State may move the court in writing | ||||||
11 | for a substitution of that
judge on the ground that such judge | ||||||
12 | is prejudiced against the State. Upon
the filing of such a | ||||||
13 | motion the court shall proceed no further in the cause
but | ||||||
14 | shall transfer it to another judge not named in the motion. The | ||||||
15 | State
may name only one judge as prejudiced, pursuant to this | ||||||
16 | subsection.
| ||||||
17 | (d) In addition to the provisions of subsections (a), (b) | ||||||
18 | and (c) of this
Section the State or any defendant may move at | ||||||
19 | any time for substitution of
judge for
cause, supported by | ||||||
20 | affidavit. Upon the filing of such motion
a hearing shall be | ||||||
21 | conducted as soon as possible after its filing by a judge
not | ||||||
22 | named in the motion; provided, however, that the judge named in
| ||||||
23 | the motion need not testify, but may submit an affidavit if the | ||||||
24 | judge wishes.
If the motion is allowed, the case shall be | ||||||
25 | assigned to a judge not named
in the motion. If the motion is | ||||||
26 | denied the case shall be assigned back
to the judge named in |
| |||||||
| |||||||
1 | the motion.
| ||||||
2 | (Source: P.A. 84-1428.)
| ||||||
3 | (725 ILCS 5/115-4) (from Ch. 38, par. 115-4)
| ||||||
4 | Sec. 115-4. Trial by Court and Jury.) (a) Questions of law | ||||||
5 | shall be
decided by the court and questions of fact by the | ||||||
6 | jury.
| ||||||
7 | (b) The jury shall consist of 12 members.
| ||||||
8 | (c) Upon request the parties shall be furnished with a list | ||||||
9 | of
prospective jurors with their addresses if known.
| ||||||
10 | (d) Each party may challenge jurors for cause.
If a | ||||||
11 | prospective juror has a physical impairment, the court shall | ||||||
12 | consider
such prospective juror's ability to perceive and | ||||||
13 | appreciate the evidence
when considering a challenge for cause.
| ||||||
14 | (e) A defendant tried alone shall be allowed 20 peremptory
| ||||||
15 | challenges in a capital case, 10 peremptory challenges in a | ||||||
16 | case in which
the punishment may
be imprisonment in the | ||||||
17 | penitentiary , and 5 in all other cases; except
that, in a | ||||||
18 | single trial of more than one defendant, each defendant shall
| ||||||
19 | be allowed 12 peremptory challenges in a capital case, 6 | ||||||
20 | peremptory
challenges in a case in
which the punishment may be | ||||||
21 | imprisonment in the penitentiary , and 3 in
all other cases. If | ||||||
22 | several charges against a defendant or defendants
are | ||||||
23 | consolidated for trial, each defendant shall be allowed | ||||||
24 | peremptory
challenges upon one charge only, which single charge | ||||||
25 | shall be the charge
against that defendant authorizing the |
| |||||||
| |||||||
1 | greatest maximum penalty. The
State shall be allowed the same | ||||||
2 | number of peremptory challenges as all
of the defendants.
| ||||||
3 | (f) After examination by the court the jurors may be | ||||||
4 | examined,
passed upon, accepted and tendered by opposing | ||||||
5 | counsel as provided by
Supreme Court rules.
| ||||||
6 | (g) After the jury is impaneled and sworn the court may | ||||||
7 | direct the
selection of 2 alternate jurors who shall take the | ||||||
8 | same oath as the
regular jurors. Each party shall have one | ||||||
9 | additional peremptory
challenge for each alternate juror. If | ||||||
10 | before the final submission of a
cause a member of the jury | ||||||
11 | dies or is discharged he shall be replaced by
an alternate | ||||||
12 | juror in the order of selection.
| ||||||
13 | (h) A trial by the court and jury shall be conducted in the | ||||||
14 | presence
of the defendant unless he waives the right to be | ||||||
15 | present.
| ||||||
16 | (i) After arguments of counsel the court shall instruct the | ||||||
17 | jury as
to the law.
| ||||||
18 | (j) Unless the affirmative defense of insanity has been | ||||||
19 | presented
during the trial, the jury shall return a general | ||||||
20 | verdict as to each
offense charged. When the affirmative | ||||||
21 | defense of insanity has been
presented during the trial, the | ||||||
22 | court shall provide the jury not only
with general verdict | ||||||
23 | forms but also with a special verdict form of not
guilty by | ||||||
24 | reason of insanity, as to each offense charged, and in such
| ||||||
25 | event the court shall separately instruct the jury that a | ||||||
26 | special verdict
of not guilty by reason of insanity may be |
| |||||||
| |||||||
1 | returned instead of a general
verdict but such special verdict | ||||||
2 | requires a unanimous finding by the jury
that the defendant | ||||||
3 | committed the acts charged but at the time of the
commission of | ||||||
4 | those acts the defendant was insane. In the event of a
verdict | ||||||
5 | of not guilty by reason of insanity, a hearing shall be held
| ||||||
6 | pursuant to the Mental Health and Developmental Disabilities | ||||||
7 | Code to
determine whether the defendant is subject to | ||||||
8 | involuntary admission.
When the affirmative defense of | ||||||
9 | insanity has been presented during the trial,
the court, where | ||||||
10 | warranted by the evidence, shall also provide the jury
with a | ||||||
11 | special verdict form of guilty but mentally ill, as to each | ||||||
12 | offense
charged and shall separately instruct the jury that a | ||||||
13 | special verdict of
guilty but mentally ill may be returned | ||||||
14 | instead of a general verdict, but
that such special verdict | ||||||
15 | requires a unanimous finding by the jury that:
(1) the State | ||||||
16 | has proven beyond a reasonable doubt that the defendant is
| ||||||
17 | guilty of the offense charged; and (2) the defendant has failed | ||||||
18 | to prove
his insanity as required in subsection (b) of Section | ||||||
19 | 3-2 of the Criminal
Code of 1961, as amended, and subsections | ||||||
20 | (a), (b) and (e) of Section 6-2
of the Criminal Code of 1961, | ||||||
21 | as amended; and (3) the defendant has proven
by a preponderance | ||||||
22 | of the evidence that he was mentally ill, as defined in
| ||||||
23 | subsections (c) and (d) of Section 6-2 of the Criminal Code of | ||||||
24 | 1961, as
amended, at the time of the offense.
| ||||||
25 | (k) When, at the close of the State's evidence or at the | ||||||
26 | close of
all of the evidence, the evidence is insufficient to |
| |||||||
| |||||||
1 | support a finding
or verdict of guilty the court may and on | ||||||
2 | motion of the defendant shall
make a finding or direct the jury | ||||||
3 | to return a verdict of not guilty,
enter a judgment of | ||||||
4 | acquittal and discharge the defendant.
| ||||||
5 | (l) When the jury retires to consider its verdict an | ||||||
6 | officer of the
court shall be appointed to keep them together | ||||||
7 | and to prevent
conversation between the jurors and others; | ||||||
8 | however, if any juror is deaf,
the jury may be accompanied by | ||||||
9 | and may communicate with a court-appointed
interpreter during | ||||||
10 | its deliberations. Upon agreement between the
State and | ||||||
11 | defendant or his counsel the jury may seal and deliver its
| ||||||
12 | verdict to the clerk of the court, separate, and then return | ||||||
13 | such
verdict in open court at its next session.
| ||||||
14 | (m) In the trial of an
a capital or other offense, any | ||||||
15 | juror who is
a
member of a panel or jury which has been | ||||||
16 | impaneled and sworn as a panel
or as a jury shall be permitted | ||||||
17 | to separate from other such jurors
during every period of | ||||||
18 | adjournment to a later day, until final
submission of the cause | ||||||
19 | to the jury for determination, except that no
such separation | ||||||
20 | shall be permitted in any trial after the court, upon
motion by | ||||||
21 | the defendant or the State or upon its own motion, finds a
| ||||||
22 | probability that prejudice to the defendant or to the State | ||||||
23 | will result
from such separation.
| ||||||
24 | (n) The members of the jury shall be entitled to take notes | ||||||
25 | during the
trial, and the sheriff of the county in which the | ||||||
26 | jury is sitting shall
provide them with writing materials for |
| |||||||
| |||||||
1 | this purpose. Such notes shall
remain confidential, and shall | ||||||
2 | be destroyed by the sheriff after the verdict
has been returned | ||||||
3 | or a mistrial declared.
| ||||||
4 | (o) A defendant tried by the court and jury shall only be | ||||||
5 | found guilty,
guilty but mentally ill, not guilty or not guilty | ||||||
6 | by reason of insanity,
upon the unanimous verdict of the jury.
| ||||||
7 | (Source: P.A. 86-392.)
| ||||||
8 | (725 ILCS 5/115-4.1) (from Ch. 38, par. 115-4.1)
| ||||||
9 | Sec. 115-4.1. Absence of defendant.
| ||||||
10 | (a) When a defendant after arrest
and an initial court | ||||||
11 | appearance for a non-capital felony or a misdemeanor,
fails to | ||||||
12 | appear for trial, at the request of the State and after the | ||||||
13 | State
has affirmatively proven through substantial evidence | ||||||
14 | that the defendant
is willfully avoiding trial, the court may | ||||||
15 | commence trial in the absence
of the defendant. Absence of a | ||||||
16 | defendant as specified in this Section
shall not be a bar to | ||||||
17 | indictment of a defendant, return of information
against a | ||||||
18 | defendant, or arraignment of a defendant for the charge for | ||||||
19 | which
bail has been granted. If a defendant fails
to appear at | ||||||
20 | arraignment, the court may enter a plea of "not guilty" on his
| ||||||
21 | behalf. If a defendant absents himself before trial on a | ||||||
22 | capital felony,
trial may proceed as specified in this Section | ||||||
23 | provided that the State
certifies that it will not seek a death | ||||||
24 | sentence following conviction.
Trial in the defendant's | ||||||
25 | absence shall be by jury unless
the defendant had previously |
| |||||||
| |||||||
1 | waived trial by jury. The absent defendant
must be represented | ||||||
2 | by retained or appointed counsel.
The court, at the conclusion | ||||||
3 | of all of the proceedings, may order the clerk
of the circuit | ||||||
4 | court to pay counsel such sum as the court deems reasonable,
| ||||||
5 | from any bond monies which were posted by the defendant with | ||||||
6 | the clerk,
after the clerk has first deducted all court costs. | ||||||
7 | If trial had previously
commenced in the presence of the | ||||||
8 | defendant and the defendant willfully absents
himself for two | ||||||
9 | successive court days, the court shall proceed to trial. All
| ||||||
10 | procedural rights guaranteed by the United States | ||||||
11 | Constitution, Constitution
of the State of Illinois, statutes | ||||||
12 | of the State of Illinois, and rules of court
shall apply to the | ||||||
13 | proceedings the same as if the defendant were present
in court | ||||||
14 | and had not either forfeited his bail bond or escaped
from | ||||||
15 | custody. The court may set the case for a trial which may be | ||||||
16 | conducted
under this Section despite the failure of the | ||||||
17 | defendant to appear at the
hearing at which the trial date is | ||||||
18 | set. When such trial date is set the
clerk shall send to the | ||||||
19 | defendant, by certified mail at his last known address
| ||||||
20 | indicated on his bond slip, notice of the new date which has | ||||||
21 | been set for
trial. Such notification shall be required when | ||||||
22 | the defendant was not
personally present in open court at the | ||||||
23 | time when the case was set for trial.
| ||||||
24 | (b) The absence of a defendant from a trial conducted | ||||||
25 | pursuant to this
Section does not operate as a bar to | ||||||
26 | concluding the trial, to a judgment
of conviction resulting |
| |||||||
| |||||||
1 | therefrom, or to a final disposition of the trial
in favor of | ||||||
2 | the defendant.
| ||||||
3 | (c) Upon a verdict of not guilty, the court shall enter | ||||||
4 | judgment for the
defendant. Upon a verdict of guilty, the court | ||||||
5 | shall set a date for the
hearing of post-trial motions and | ||||||
6 | shall hear such motion in the absence
of the defendant. If | ||||||
7 | post-trial motions are denied, the court shall proceed
to | ||||||
8 | conduct a sentencing hearing and to impose a sentence upon the | ||||||
9 | defendant.
| ||||||
10 | (d) A defendant who is absent for part of the proceedings | ||||||
11 | of trial,
post-trial motions, or sentencing, does not thereby | ||||||
12 | forfeit his right to be
present at all remaining proceedings.
| ||||||
13 | (e) When a defendant who in his absence has been either | ||||||
14 | convicted or
sentenced or both convicted and sentenced appears | ||||||
15 | before the court, he must
be granted a new trial or new | ||||||
16 | sentencing hearing if the defendant can
establish that his | ||||||
17 | failure to appear in court was both without his fault
and due | ||||||
18 | to circumstances beyond his control. A hearing with notice to | ||||||
19 | the
State's Attorney on the defendant's request for a new trial | ||||||
20 | or a new
sentencing hearing must be held before any such | ||||||
21 | request may be granted. At
any such hearing both the defendant | ||||||
22 | and the State may present evidence.
| ||||||
23 | (f) If the court grants only the defendant's request for a | ||||||
24 | new sentencing
hearing, then a new sentencing hearing shall be | ||||||
25 | held in accordance with
the provisions of the Unified Code of | ||||||
26 | Corrections. At any such hearing,
both the defendant and the |
| |||||||
| |||||||
1 | State may offer evidence of the defendant's conduct
during his | ||||||
2 | period of absence from the court. The court may impose any | ||||||
3 | sentence
authorized by the Unified Code of Corrections and is | ||||||
4 | not in any way limited
or restricted by any sentence previously | ||||||
5 | imposed.
| ||||||
6 | (g) A defendant whose motion under paragraph (e) for a new | ||||||
7 | trial or new
sentencing hearing has been denied may file a | ||||||
8 | notice of appeal therefrom.
Such notice may also include a | ||||||
9 | request for review of the judgment and sentence
not vacated by | ||||||
10 | the trial court.
| ||||||
11 | (Source: P.A. 90-787, eff. 8-14-98.)
| ||||||
12 | (725 ILCS 5/116-4)
| ||||||
13 | Sec. 116-4. Preservation of evidence for forensic testing.
| ||||||
14 | (a) Before or after the trial in a prosecution for a | ||||||
15 | violation of
Section 12-13, 12-14, 12-14.1,
12-15, or 12-16 of | ||||||
16 | the
Criminal Code of 1961 or in a prosecution for an offense | ||||||
17 | defined in Article 9
of
that Code,
or in a prosecution for an | ||||||
18 | attempt in violation of Section 8-4 of that Code
of any of the | ||||||
19 | above-enumerated
offenses, unless otherwise provided herein | ||||||
20 | under subsection (b) or (c), a law
enforcement agency
or an | ||||||
21 | agent acting on behalf of the law enforcement agency shall
| ||||||
22 | preserve, subject to a continuous chain of
custody, any
| ||||||
23 | physical evidence
in their possession or control that is | ||||||
24 | reasonably likely to contain forensic
evidence,
including, but | ||||||
25 | not limited to, fingerprints or biological material
secured in |
| |||||||
| |||||||
1 | relation to a trial and with sufficient
documentation to locate
| ||||||
2 | that evidence.
| ||||||
3 | (b) After a judgment of conviction is entered,
the evidence | ||||||
4 | shall
either be impounded
with the Clerk of the Circuit Court | ||||||
5 | or shall be securely retained by a law
enforcement agency.
| ||||||
6 | Retention shall be
permanent in cases where a sentence of | ||||||
7 | natural life imprisonment
death is imposed. Retention shall be
| ||||||
8 | until the
completion of the sentence, including the period of | ||||||
9 | mandatory supervised
release for the
offense, or January 1, | ||||||
10 | 2006, whichever is later, for any conviction for an
offense or | ||||||
11 | an attempt of an offense defined
in Article 9 of the Criminal | ||||||
12 | Code of 1961 or in Section 12-13, 12-14, 12-14.1,
12-15, or
| ||||||
13 | 12-16 of the Criminal Code of 1961 or for 7 years following any | ||||||
14 | conviction for any other felony for which
the
defendant's
| ||||||
15 | genetic profile may be taken by a law enforcement agency and | ||||||
16 | submitted for
comparison in a forensic DNA database for | ||||||
17 | unsolved offenses.
| ||||||
18 | (c) After a judgment of conviction is entered, the
law
| ||||||
19 | enforcement agency
required to retain evidence described in | ||||||
20 | subsection
(a) may petition the court
with notice to the
| ||||||
21 | defendant or, in cases where the defendant has died, his | ||||||
22 | estate, his attorney
of record, or an attorney appointed for | ||||||
23 | that purpose by the court
for entry
of an order allowing it to | ||||||
24 | dispose of evidence if, after a
hearing, the court
determines | ||||||
25 | by a preponderance of the evidence that:
| ||||||
26 | (1) it has no significant value for forensic science |
| |||||||
| |||||||
1 | analysis and
should
be
returned to its rightful owner, | ||||||
2 | destroyed, used for training purposes, or as
otherwise | ||||||
3 | provided by law; or
| ||||||
4 | (2) it has no significant value for forensic science | ||||||
5 | analysis and is of
a size,
bulk, or physical character not | ||||||
6 | usually retained by the law enforcement
agency and cannot | ||||||
7 | practicably be retained by the law enforcement
agency; or
| ||||||
8 | (3) there no longer exists a reasonable basis to | ||||||
9 | require the
preservation of the
evidence because of the | ||||||
10 | death of the defendant ; however, this paragraph (3)
does | ||||||
11 | not
apply if a sentence of death was imposed .
| ||||||
12 | (d) The court may order the disposition of the evidence if | ||||||
13 | the
defendant is allowed
the opportunity to take reasonable | ||||||
14 | measures to remove or preserve portions of
the evidence in
| ||||||
15 | question for future testing.
| ||||||
16 | (d-5) Any order allowing the disposition of evidence | ||||||
17 | pursuant to
subsection (c)
or (d)
shall be a final and | ||||||
18 | appealable order. No evidence shall be disposed of until
30 | ||||||
19 | days after
the order is entered, and if a notice of appeal is | ||||||
20 | filed, no evidence shall be
disposed of
until the mandate has | ||||||
21 | been received by the circuit court from the appellate
court.
| ||||||
22 | (d-10) All records documenting the possession,
control, | ||||||
23 | storage, and destruction of evidence and all police reports, | ||||||
24 | evidence
control or inventory records, and other reports cited | ||||||
25 | in this Section,
including computer records, must be
retained | ||||||
26 | for as
long as the evidence exists and may not be disposed of |
| |||||||
| |||||||
1 | without the approval of
the Local
Records Commission.
| ||||||
2 | (e) In this Section, "law enforcement agency"
includes any | ||||||
3 | of the following or an agent acting on behalf of any of the
| ||||||
4 | following:
a municipal police department, county sheriff's | ||||||
5 | office, any prosecuting
authority,
the Department of State | ||||||
6 | Police, or any other State, university, county,
federal, or
| ||||||
7 | municipal police
unit or police force.
| ||||||
8 | "Biological material" includes, but is not limited to, any | ||||||
9 | blood, hair,
saliva, or semen from which
genetic marker | ||||||
10 | groupings may be obtained.
| ||||||
11 | (Source: P.A. 91-871, eff. 1-1-01; 92-459, eff. 8-22-01.)
| ||||||
12 | (725 ILCS 5/119-5) (from Ch. 38, par. 119-5)
| ||||||
13 | Sec. 119-5. Execution of Death sentence abolished
| ||||||
14 | Sentence . On or after the effective date of this amendatory Act | ||||||
15 | of the
96th General Assembly no person may be executed in this | ||||||
16 | State.
| ||||||
17 | (a)(1) A defendant sentenced to death shall be executed by | ||||||
18 | an
intravenous administration of a lethal quantity of an | ||||||
19 | ultrashort-acting
barbiturate in combination with a | ||||||
20 | chemical paralytic agent and potassium
chloride or other | ||||||
21 | equally effective substances sufficient to cause death
| ||||||
22 | until death is pronounced by a coroner who is not a | ||||||
23 | licensed physician.
| ||||||
24 | (2) If the execution of the sentence of death as | ||||||
25 | provided in paragraph
(1) is held illegal or |
| |||||||
| |||||||
1 | unconstitutional by a reviewing court of competent
| ||||||
2 | jurisdiction, the sentence of death shall be carried out by | ||||||
3 | electrocution.
| ||||||
4 | (b) In pronouncing the sentence of death the court shall | ||||||
5 | set the date of
the execution which shall be not less than 60 | ||||||
6 | nor more than 90 days from
the date sentence is pronounced.
| ||||||
7 | (c) A sentence of death shall be executed at a Department | ||||||
8 | of
Corrections facility.
| ||||||
9 | (d) The warden of the penitentiary shall supervise such | ||||||
10 | execution,
which shall be conducted in the presence of 6 | ||||||
11 | witnesses who shall certify the
execution of the sentence. The | ||||||
12 | certification shall be filed with the clerk of
the court that | ||||||
13 | imposed the sentence.
| ||||||
14 | (d-5) The Department of Corrections shall not request, | ||||||
15 | require, or allow a
health care practitioner licensed in | ||||||
16 | Illinois,
including but not limited to physicians and nurses, | ||||||
17 | regardless of employment,
to participate in an execution.
| ||||||
18 | (e) Except as otherwise provided in this subsection (e), | ||||||
19 | the identity of
executioners and other persons who participate | ||||||
20 | or
perform ancillary functions in an execution and information | ||||||
21 | contained in
records that would identify those persons shall | ||||||
22 | remain confidential,
shall not be subject to disclosure, and | ||||||
23 | shall not be admissible as evidence
or be discoverable in any | ||||||
24 | action of any kind in any court or before any
tribunal, board, | ||||||
25 | agency, or person. In order to protect the confidentiality
of | ||||||
26 | persons participating in an execution, the Director of |
| |||||||
| |||||||
1 | Corrections may
direct that the Department make payments in | ||||||
2 | cash for such services.
In confidential investigations by the | ||||||
3 | Department of Professional Regulation,
the Department of | ||||||
4 | Corrections shall disclose the
names and license numbers of | ||||||
5 | health care practitioners participating or
performing | ||||||
6 | ancillary functions in an execution to the
Department of | ||||||
7 | Professional Regulation and the Department of Professional
| ||||||
8 | Regulation shall forward those names and license
numbers to the | ||||||
9 | appropriate disciplinary boards.
| ||||||
10 | (f) The amendatory changes to this Section made by this | ||||||
11 | amendatory Act
of 1991 are severable under Section 1.31 of the | ||||||
12 | Statute on Statutes.
| ||||||
13 | (g) (Blank).
| ||||||
14 | (h) Notwithstanding any other provision of law, any
| ||||||
15 | pharmaceutical supplier is authorized to dispense
drugs to the | ||||||
16 | Director of Corrections or his or her designee, without
| ||||||
17 | prescription, in order to carry out the provisions of this | ||||||
18 | Section.
| ||||||
19 | (i) The amendatory changes to this Section made by this | ||||||
20 | amendatory Act of
the 93rd General Assembly are severable
under | ||||||
21 | Section 1.31 of the Statute on Statutes.
| ||||||
22 | (Source: P.A. 93-379, eff. 7-24-03.)
| ||||||
23 | (725 ILCS 5/121-13) (from Ch. 38, par. 121-13)
| ||||||
24 | Sec. 121-13. Pauper Appeals.
| ||||||
25 | (a) In any case wherein the defendant was
convicted of a |
| |||||||
| |||||||
1 | felony, if the court determines that the defendant desires
| ||||||
2 | counsel on appeal but is indigent the Public Defender or the | ||||||
3 | State
Appellate Defender shall be appointed as counsel, unless | ||||||
4 | with the consent
of the defendant and for good cause shown, the | ||||||
5 | court may appoint counsel
other than the Public Defender or the | ||||||
6 | State Appellate Defender.
| ||||||
7 | (b) In any case wherein the defendant
was convicted of a | ||||||
8 | felony and a sentence of death was not imposed in the
trial | ||||||
9 | court the reviewing court, upon petition of the defendant's
| ||||||
10 | counsel made not more frequently than every 60 days after | ||||||
11 | appointment,
shall determine a reasonable amount to be allowed | ||||||
12 | an indigent
defendant's counsel other than the Public Defender | ||||||
13 | or the State
Appellate Defender for compensation and | ||||||
14 | reimbursement of expenditures
necessarily incurred in the | ||||||
15 | prosecution of the appeal or review
proceedings. The | ||||||
16 | compensation shall not exceed $1500 in each case,
except that, | ||||||
17 | in extraordinary circumstances, payment in excess of the
limits | ||||||
18 | herein stated may be made if the reviewing court certifies that
| ||||||
19 | the payment is necessary to provide fair compensation for | ||||||
20 | protracted
representation. The reviewing court shall enter an | ||||||
21 | order directing the
county treasurer of the county where the | ||||||
22 | case was tried to pay the
amount allowed by the court. The | ||||||
23 | reviewing court may order the
provisional payment of sums | ||||||
24 | during the pendency of the cause.
| ||||||
25 | (c) In any case in which a sentence of death was imposed in | ||||||
26 | the
trial court before the effective date of this amendatory |
| |||||||
| |||||||
1 | Act of the 96th
General Assembly, the Supreme Court, upon | ||||||
2 | written petition of the defendant's
counsel made not more than | ||||||
3 | every 60 days after appointment, shall
determine reasonable | ||||||
4 | compensation for an indigent defendant's attorneys
on appeal. | ||||||
5 | The compensation shall not exceed $2,000 in each case,
except | ||||||
6 | that, in extraordinary circumstances, payment in excess of the
| ||||||
7 | limits herein stated may be made if the reviewing court | ||||||
8 | certifies that
the payment is necessary to provide fair | ||||||
9 | compensation for protracted
representation. The Supreme Court | ||||||
10 | shall enter an order directing the
county treasurer of the | ||||||
11 | county where the case was
tried to pay compensation and | ||||||
12 | reimburse expenditures necessarily incurred
in the prosecution | ||||||
13 | of the appeal or review proceedings. The Supreme Court
may | ||||||
14 | order the provisional payment of sums during the pendency of | ||||||
15 | the cause.
| ||||||
16 | (Source: P.A. 86-318; 87-580.)
| ||||||
17 | (725 ILCS 5/122-1) (from Ch. 38, par. 122-1)
| ||||||
18 | Sec. 122-1. Petition in the trial court.
| ||||||
19 | (a) Any person imprisoned in the penitentiary may institute | ||||||
20 | a proceeding under this Article if the person asserts that: | ||||||
21 | (1) in the
proceedings which resulted in his or her | ||||||
22 | conviction there was a substantial
denial of his or her | ||||||
23 | rights under the Constitution of the United States or
of | ||||||
24 | the State of Illinois or both; or
| ||||||
25 | (2) the death penalty was imposed before the effective |
| |||||||
| |||||||
1 | date of this amendatory Act of the 96th General Assembly
| ||||||
2 | and there is
newly discovered evidence not available to the | ||||||
3 | person at
the time of the proceeding that resulted in his | ||||||
4 | or her
conviction that establishes a substantial basis to | ||||||
5 | believe that the defendant
is actually innocent by clear | ||||||
6 | and convincing evidence.
| ||||||
7 | (a-5) A proceeding under paragraph (2) of subsection (a)
| ||||||
8 | may be commenced within a reasonable period of time after the | ||||||
9 | person's
conviction
notwithstanding any other provisions of
| ||||||
10 | this Article. In such a proceeding regarding
actual innocence, | ||||||
11 | if the court determines the petition is
frivolous or is | ||||||
12 | patently without merit, it shall dismiss the
petition in a | ||||||
13 | written order, specifying the findings of fact
and conclusions | ||||||
14 | of law it made in reaching its decision.
Such order of | ||||||
15 | dismissal is a final judgment and shall be
served upon the | ||||||
16 | petitioner by certified mail within 10 days
of its entry.
| ||||||
17 | (b) The proceeding shall be commenced by filing with the | ||||||
18 | clerk of the court
in which the conviction took place a | ||||||
19 | petition (together with a copy thereof)
verified by affidavit. | ||||||
20 | Petitioner shall also serve another copy upon the
State's | ||||||
21 | Attorney by any of the methods provided in Rule 7 of the | ||||||
22 | Supreme
Court. The clerk shall docket the petition for | ||||||
23 | consideration by the court
pursuant to Section 122-2.1 upon his | ||||||
24 | or her receipt thereof and bring the same
promptly to the | ||||||
25 | attention of the court.
| ||||||
26 | (c) Except as otherwise provided in subsection (a-5), if
|
| |||||||
| |||||||
1 | the petitioner is under sentence of death before the effective | ||||||
2 | date of this amendatory Act of the 96th General Assembly and a | ||||||
3 | petition for writ of certiorari is filed,
no proceedings under | ||||||
4 | this Article shall be commenced more than 6 months after
the | ||||||
5 | conclusion of proceedings in the United States Supreme Court, | ||||||
6 | unless the petitioner alleges facts showing that the delay
was
| ||||||
7 | not due to his or her culpable negligence. If a petition for | ||||||
8 | certiorari is not filed, no proceedings under this Article | ||||||
9 | shall be commenced more than 6 months from the date for filing | ||||||
10 | a certiorari petition, unless the petitioner alleges facts | ||||||
11 | showing that the delay was not due to his or her culpable | ||||||
12 | negligence.
| ||||||
13 | When a defendant has a sentence other than death, no | ||||||
14 | proceedings under this
Article shall be commenced more than 6 | ||||||
15 | months after the conclusion of proceedings in the United States | ||||||
16 | Supreme Court, unless the petitioner
alleges facts showing that | ||||||
17 | the delay was not due to his or her culpable
negligence.
If a | ||||||
18 | petition for certiorari is not filed, no proceedings under this | ||||||
19 | Article shall be commenced more than 6 months from the date for | ||||||
20 | filing a certiorari petition, unless the petitioner alleges | ||||||
21 | facts showing that the delay was not due to his or her culpable | ||||||
22 | negligence. If a defendant does not file a direct appeal, the | ||||||
23 | post-conviction petition shall be filed no later than 3 years | ||||||
24 | from the date of conviction, unless the petitioner alleges | ||||||
25 | facts showing that the delay was not due to his or her culpable | ||||||
26 | negligence.
|
| |||||||
| |||||||
1 | This limitation does not apply to a petition advancing a | ||||||
2 | claim of actual
innocence. | ||||||
3 | (d) A person seeking relief by filing a petition under this | ||||||
4 | Section must
specify in the petition or its heading that it is | ||||||
5 | filed under this Section.
A trial court that has received a | ||||||
6 | petition complaining of a conviction or
sentence that fails to | ||||||
7 | specify in the petition or its heading that it is
filed under | ||||||
8 | this Section need not evaluate the petition to determine
| ||||||
9 | whether it could otherwise have stated some grounds for relief | ||||||
10 | under
this Article.
| ||||||
11 | (e) (Blank).
A proceeding under this Article may not be | ||||||
12 | commenced on behalf of a
defendant who has been sentenced to | ||||||
13 | death without the written consent of the
defendant, unless the | ||||||
14 | defendant, because of a mental or physical condition, is
| ||||||
15 | incapable of asserting his or her own claim.
| ||||||
16 | (f) Only one petition may be filed by a petitioner under | ||||||
17 | this Article
without leave of the court.
Leave of court may be | ||||||
18 | granted only if a petitioner demonstrates
cause for his or her | ||||||
19 | failure to bring the claim in his or her initial
| ||||||
20 | post-conviction proceedings and prejudice results from that | ||||||
21 | failure. For
purposes
of this subsection (f): (1) a prisoner | ||||||
22 | shows cause by identifying an objective
factor that impeded his | ||||||
23 | or her ability to raise a specific claim during his or
her | ||||||
24 | initial post-conviction proceedings; and (2) a prisoner shows | ||||||
25 | prejudice by
demonstrating that the claim not raised during his | ||||||
26 | or her initial
post-conviction proceedings so infected the |
| |||||||
| |||||||
1 | trial that the resulting conviction
or
sentence violated due | ||||||
2 | process.
| ||||||
3 | (Source: P.A. 93-493, eff. 1-1-04; 93-605, eff. 11-19-03; | ||||||
4 | 93-972, eff. 8-20-04.)
| ||||||
5 | (725 ILCS 5/122-2.1) (from Ch. 38, par. 122-2.1) | ||||||
6 | Sec. 122-2.1. (a) Within 90 days after the filing and | ||||||
7 | docketing of each
petition, the court shall examine such | ||||||
8 | petition and enter an order thereon
pursuant to this Section.
| ||||||
9 | (1) If the petitioner is under sentence of death | ||||||
10 | imposed before the
effective date of this amendatory Act of | ||||||
11 | the 96th General Assembly and is without
counsel and | ||||||
12 | alleges that he is without means to procure counsel, he | ||||||
13 | shall
state whether or not he wishes counsel to be | ||||||
14 | appointed to represent him.
If appointment of counsel is so | ||||||
15 | requested, the court shall appoint counsel
if satisfied | ||||||
16 | that the petitioner has no means to procure counsel.
| ||||||
17 | (2) If the petitioner is sentenced to imprisonment and | ||||||
18 | the court
determines the petition is frivolous or is | ||||||
19 | patently without merit, it shall
dismiss the petition in a | ||||||
20 | written order, specifying the findings of fact and
| ||||||
21 | conclusions of law it made in reaching its decision. Such | ||||||
22 | order of
dismissal is a final judgment and shall be served | ||||||
23 | upon the petitioner by
certified mail within 10 days of its | ||||||
24 | entry.
| ||||||
25 | (b) If the petition is not dismissed pursuant to this |
| |||||||
| |||||||
1 | Section, the court
shall order the petition to be docketed for | ||||||
2 | further consideration in accordance
with Sections 122-4 | ||||||
3 | through 122-6.
If the petitioner is under sentence of death | ||||||
4 | imposed before the
effective date of this amendatory Act of the | ||||||
5 | 96th General Assembly , the court shall order the
petition to be | ||||||
6 | docketed for further consideration and hearing within one year
| ||||||
7 | of the filing of the petition. Continuances may be granted as | ||||||
8 | the court deems
appropriate.
| ||||||
9 | (c) In considering a petition pursuant to this Section, the | ||||||
10 | court may
examine the court file of the proceeding in which the | ||||||
11 | petitioner was convicted,
any action taken by an appellate | ||||||
12 | court in such proceeding and any transcripts
of such | ||||||
13 | proceeding.
| ||||||
14 | (Source: P.A. 93-605, eff. 11-19-03.)
| ||||||
15 | (725 ILCS 5/122-4) (from Ch. 38, par. 122-4)
| ||||||
16 | Sec. 122-4. Pauper Petitions. If the petition is not | ||||||
17 | dismissed pursuant
to Section 122-2.1, and alleges that the | ||||||
18 | petitioner is unable to pay the costs
of the proceeding, the | ||||||
19 | court may order that the petitioner be permitted to
proceed as | ||||||
20 | a poor person and order a transcript of the proceedings
| ||||||
21 | delivered to petitioner in accordance with Rule of the Supreme | ||||||
22 | Court. If
the petitioner is without counsel and alleges that he | ||||||
23 | is without means to
procure counsel, he shall state whether or | ||||||
24 | not he wishes counsel to be
appointed to represent him. If | ||||||
25 | appointment of counsel is so requested, and
the petition is not |
| |||||||
| |||||||
1 | dismissed pursuant to Section 122-2.1, the
court shall appoint | ||||||
2 | counsel if satisfied that the petitioner has no means
to | ||||||
3 | procure counsel.
A petitioner who is a prisoner in an Illinois | ||||||
4 | Department of Corrections
facility who files a pleading, | ||||||
5 | motion, or other filing that purports to be a
legal document | ||||||
6 | seeking post-conviction
relief under this Article against the | ||||||
7 | State, the Illinois Department of
Corrections, the Prisoner | ||||||
8 | Review Board, or any of their officers or employees
in which | ||||||
9 | the court makes a specific
finding that the pleading, motion, | ||||||
10 | or other filing that purports to be a legal
document is | ||||||
11 | frivolous shall not
proceed as a poor person and shall be | ||||||
12 | liable for the full payment of filing
fees and actual
court | ||||||
13 | costs as provided in Article XXII of the Code of Civil | ||||||
14 | Procedure.
| ||||||
15 | A Circuit Court or the Illinois Supreme Court may appoint | ||||||
16 | the State
Appellate Defender to provide post-conviction | ||||||
17 | representation in a case
in which the defendant was
is
| ||||||
18 | sentenced to death before the effective
date of this amendatory | ||||||
19 | Act of the 96th General Assembly . Any attorney
assigned by the
| ||||||
20 | Office of the State Appellate Defender to provide | ||||||
21 | post-conviction
representation for indigent defendants in | ||||||
22 | cases in which a sentence of death
was imposed in the trial | ||||||
23 | court before the effective
date of this amendatory Act of the | ||||||
24 | 96th General Assembly may, from time to time submit bills and | ||||||
25 | time
sheets to the Office of the State Appellate Defender for | ||||||
26 | payment of
services rendered and the Office of the State |
| |||||||
| |||||||
1 | Appellate Defender shall pay
bills from funds appropriated for | ||||||
2 | this purpose in accordance with rules
promulgated by the State | ||||||
3 | Appellate Defender.
| ||||||
4 | The court, at the conclusion of the proceedings upon | ||||||
5 | receipt of a
petition by the appointed counsel, shall determine | ||||||
6 | a reasonable amount to
be allowed an indigent defendant's | ||||||
7 | counsel other than the Public Defender
or the State Appellate | ||||||
8 | Defender for compensation and reimbursement of
expenditures | ||||||
9 | necessarily incurred in the proceedings. The compensation
| ||||||
10 | shall not exceed $500 in each case, except that, in | ||||||
11 | extraordinary
circumstances, payment in excess of the limits | ||||||
12 | herein stated may be made if
the trial court certifies that the | ||||||
13 | payment is necessary to provide fair
compensation for | ||||||
14 | protracted representation, and the amount is approved by the
| ||||||
15 | chief judge of the circuit. The court shall enter an order | ||||||
16 | directing the
county treasurer of the county where the case was | ||||||
17 | tried to pay the amount
thereby allowed by the court. The court | ||||||
18 | may order the provisional payment
of sums during the pendency | ||||||
19 | of the cause.
| ||||||
20 | (Source: P.A. 90-505, eff. 8-19-97.)
| ||||||
21 | (725 ILCS 5/114-15 rep.) | ||||||
22 | (725 ILCS 5/115-21 rep.) | ||||||
23 | (725 ILCS 5/122-2.2 rep.)
| ||||||
24 | Section 65. The Code of Criminal Procedure of 1963 is | ||||||
25 | amended by repealing Sections 114-15, 115-21, and 122-2.2.
|
| |||||||
| |||||||
1 | Section 70. The State Appellate Defender Act is amended by | ||||||
2 | changing Sections
10 and 10.5 as follows:
| ||||||
3 | (725 ILCS 105/10) (from Ch. 38, par. 208-10)
| ||||||
4 | Sec. 10. Powers and duties of State Appellate Defender.
| ||||||
5 | (a) The State Appellate Defender shall represent indigent | ||||||
6 | persons on
appeal in criminal and delinquent minor proceedings, | ||||||
7 | when appointed to do so by
a court under a Supreme Court Rule | ||||||
8 | or law of this State.
| ||||||
9 | (b) The State Appellate Defender shall submit a budget for | ||||||
10 | the
approval of the State Appellate Defender Commission.
| ||||||
11 | (c) The State Appellate Defender may:
| ||||||
12 | (1) maintain a panel of private attorneys available to | ||||||
13 | serve as
counsel on a case basis;
| ||||||
14 | (2) establish programs, alone or in conjunction with | ||||||
15 | law schools,
for the purpose of utilizing volunteer law | ||||||
16 | students as legal assistants;
| ||||||
17 | (3) cooperate and consult with state agencies, | ||||||
18 | professional
associations, and other groups concerning the | ||||||
19 | causes of criminal
conduct, the rehabilitation and | ||||||
20 | correction of persons charged with and
convicted of crime, | ||||||
21 | the administration of criminal justice, and, in
counties of | ||||||
22 | less than 1,000,000 population, study, design, develop and
| ||||||
23 | implement model systems for the delivery of trial level | ||||||
24 | defender
services, and make an annual report to the General |
| |||||||
| |||||||
1 | Assembly;
| ||||||
2 | (4) hire investigators to provide investigative | ||||||
3 | services to appointed counsel and county
public defenders;
| ||||||
4 | (5) (blank); in cases in which a death sentence is an | ||||||
5 | authorized disposition,
provide trial counsel with legal | ||||||
6 | advice and the assistance of expert witnesses, | ||||||
7 | investigators,
and mitigation specialists from funds | ||||||
8 | appropriated to the State Appellate
Defender specifically | ||||||
9 | for that
purpose by the General Assembly. The Office of | ||||||
10 | State Appellate Defender shall
not be appointed to serve as | ||||||
11 | trial counsel in capital cases;
| ||||||
12 | (6) develop a Juvenile Defender Resource Center to:
(i) | ||||||
13 | study, design, develop, and implement model systems for the | ||||||
14 | delivery of trial level defender services for juveniles in | ||||||
15 | the justice system; (ii) in cases in which a sentence of | ||||||
16 | incarceration or an adult sentence, or both, is an | ||||||
17 | authorized disposition, provide trial counsel with legal | ||||||
18 | advice and the assistance of expert witnesses and | ||||||
19 | investigators from funds appropriated to the Office of the | ||||||
20 | State Appellate Defender by the General Assembly | ||||||
21 | specifically for that purpose; (iii) develop and provide | ||||||
22 | training to public defenders on juvenile justice issues, | ||||||
23 | utilizing resources including the State and local bar | ||||||
24 | associations, the Illinois Public Defender Association, | ||||||
25 | law schools, the Midwest Juvenile Defender Center, and pro | ||||||
26 | bono efforts by law firms; and
(iv) make an annual report |
| |||||||
| |||||||
1 | to the General Assembly.
| ||||||
2 | Investigators employed by the Death Penalty Trial | ||||||
3 | Assistance and Capital
Litigation Division of the State | ||||||
4 | Appellate Defender before the effective
date of this amendatory | ||||||
5 | Act of the 96th General Assembly shall be authorized to
inquire
| ||||||
6 | through the Illinois State Police or local law enforcement with | ||||||
7 | the Law
Enforcement
Agencies Data System (LEADS) under Section | ||||||
8 | 2605-375 of the Civil Administrative
Code of Illinois to | ||||||
9 | ascertain whether their potential witnesses have a criminal
| ||||||
10 | background, including: (i) warrants; (ii) arrests; (iii) | ||||||
11 | convictions; and (iv)
officer
safety information. This | ||||||
12 | authorization applies only to information held on the
State
| ||||||
13 | level and shall be used only to protect the personal safety of | ||||||
14 | the
investigators. Any
information that is obtained through | ||||||
15 | this inquiry may not be disclosed by the
investigators.
| ||||||
16 | (d) (Blank). For each State fiscal year, the
State | ||||||
17 | Appellate Defender shall appear before the General Assembly and | ||||||
18 | request
appropriations to be made from the Capital Litigation | ||||||
19 | Trust Fund to the State
Treasurer for the purpose of providing | ||||||
20 | defense assistance in capital cases
outside of Cook County and | ||||||
21 | for expenses incurred by the State Appellate Defender in | ||||||
22 | representing petitioners in capital cases in post-conviction | ||||||
23 | proceedings under Article 122 of the Code of Criminal Procedure | ||||||
24 | of 1963 and in relation to petitions filed under Section 2-1401 | ||||||
25 | of the Code of Civil Procedure in relation to capital cases and | ||||||
26 | for the representation of those petitioners by attorneys |
| |||||||
| |||||||
1 | approved by or contracted with the State Appellate Defender. | ||||||
2 | The State Appellate Defender may appear before the
General | ||||||
3 | Assembly at other times during the State's fiscal year to | ||||||
4 | request
supplemental appropriations from the Trust Fund to the | ||||||
5 | State Treasurer.
| ||||||
6 | (e) The requirement for reporting to the General Assembly | ||||||
7 | shall be
satisfied
by filing copies of the report with the | ||||||
8 | Speaker, the Minority Leader and
the Clerk of the House of | ||||||
9 | Representatives and the President, the Minority
Leader and the | ||||||
10 | Secretary of the Senate and the Legislative Research
Unit, as | ||||||
11 | required by Section 3.1 of the General Assembly Organization
| ||||||
12 | Act and filing such additional copies with the State Government | ||||||
13 | Report
Distribution Center for
the General Assembly as is | ||||||
14 | required under paragraph (t) of Section 7 of the
State Library | ||||||
15 | Act.
| ||||||
16 | (Source: P.A. 94-340, eff. 1-1-06; 95-376, eff. 1-1-08.)
| ||||||
17 | (725 ILCS 105/10.5)
| ||||||
18 | Sec. 10.5. Competitive bidding for appellate services.
| ||||||
19 | (a) The State Appellate Defender may, to
the extent | ||||||
20 | necessary to dispose of its backlog of indigent criminal | ||||||
21 | appeals,
institute a competitive bidding program under which | ||||||
22 | contracts for the services
of attorneys in non-death penalty
| ||||||
23 | criminal appeals are
awarded to the lowest responsible bidder.
| ||||||
24 | (b) The State Appellate Defender, before letting out bids | ||||||
25 | for contracts for
the services of attorneys to represent |
| |||||||
| |||||||
1 | indigent defendants on appeal in
criminal cases, shall | ||||||
2 | advertise the letting of the bids in a publication or
| ||||||
3 | publications of the Illinois State Bar Association, the Chicago | ||||||
4 | Daily Law
Bulletin, and the Chicago Lawyer. The State Appellate | ||||||
5 | Defender shall also
advertise the letting of the bids in | ||||||
6 | newspapers of general circulation in major
municipalities to be | ||||||
7 | determined by the State Appellate Defender. The State
Appellate | ||||||
8 | Defender shall mail notices of the letting of the bids to | ||||||
9 | county and
local bar associations.
| ||||||
10 | (c) Bids may be let in packages of one to 5, appeals. | ||||||
11 | Additional cases may be assigned, in the discretion of the
| ||||||
12 | State Appellate Defender, after a successful bidder completes | ||||||
13 | work on existing
packages.
| ||||||
14 | (d) A bid for services of an attorney under this Section | ||||||
15 | shall be let only
to an attorney licensed to practice law in | ||||||
16 | Illinois who has prior criminal
appellate
experience or to an | ||||||
17 | attorney who is a member or employee of a law firm which
has at | ||||||
18 | least one member with that experience.
Prospective bidders must | ||||||
19 | furnish legal writing samples that are deemed
acceptable to the | ||||||
20 | State Appellate Defender.
| ||||||
21 | (e) An attorney who is awarded a contract under this | ||||||
22 | Section
shall communicate with each of his or her clients and | ||||||
23 | shall file each initial
brief before the due date established | ||||||
24 | by Supreme Court Rule or by the Appellate
Court. The State | ||||||
25 | Appellate Defender may rescind the contract for attorney
| ||||||
26 | services and may require the return of the record on appeal if |
| |||||||
| |||||||
1 | the contracted
attorney fails to make satisfactory progress, in | ||||||
2 | the opinion of the State
Appellate Defender, toward filing a | ||||||
3 | brief.
| ||||||
4 | (f) Gross compensation for completing of a case shall be | ||||||
5 | $40 per hour but
shall not exceed $2,000 per case. The contract | ||||||
6 | shall specify the manner of
payment.
| ||||||
7 | (g) (Blank).
| ||||||
8 | (h) (Blank).
| ||||||
9 | (Source: P.A. 89-689, eff. 12-31-96; 90-505, eff. 8-19-97.)
| ||||||
10 | (725 ILCS 124/Act rep.)
| ||||||
11 | Section 75. The Capital Crimes Litigation Act is repealed | ||||||
12 | on July 1, 2003.
| ||||||
13 | Section 80. The Uniform Rendition of Prisoners as Witnesses | ||||||
14 | in Criminal Proceedings Act is amended by changing
Section 5 as | ||||||
15 | follows:
| ||||||
16 | (725 ILCS 235/5) (from Ch. 38, par. 157-5)
| ||||||
17 | Sec. 5.
Exceptions.
| ||||||
18 | This act does not apply to any person in this State | ||||||
19 | confined as mentally
ill or , in need of mental treatment , or | ||||||
20 | under sentence of death .
| ||||||
21 | (Source: Laws 1963, p. 2171.)
| ||||||
22 | Section 85. The Unified Code of Corrections is amended by |
| |||||||
| |||||||
1 | changing Sections
3-3-13, 3-6-3, 3-8-10, 5-1-9, 5-4-1, 5-4-3, | ||||||
2 | 5-5-3, 5-8-1, 5-8-4, and 5-8-5 as follows:
| ||||||
3 | (730 ILCS 5/3-3-13) (from Ch. 38, par. 1003-3-13)
| ||||||
4 | Sec. 3-3-13. Procedure for Executive Clemency.
| ||||||
5 | (a) Petitions seeking pardon, commutation, or reprieve | ||||||
6 | shall be
addressed to the Governor and filed with the Prisoner | ||||||
7 | Review
Board. The petition shall be in writing and signed by | ||||||
8 | the
person under conviction or by a person on his behalf. It | ||||||
9 | shall
contain a brief history of the case, the reasons for | ||||||
10 | seeking
executive clemency, and other relevant information the | ||||||
11 | Board may require.
| ||||||
12 | (a-5) After a petition has been denied by the Governor, the | ||||||
13 | Board may not
accept a repeat petition for executive clemency | ||||||
14 | for the same person until one
full year has elapsed from the | ||||||
15 | date of the denial. The Chairman of the Board
may waive the | ||||||
16 | one-year requirement if the petitioner offers in writing
new | ||||||
17 | information that was unavailable to the petitioner at the time
| ||||||
18 | of the filing of the prior petition and which the Chairman | ||||||
19 | determines to be
significant. The Chairman also may waive the | ||||||
20 | one-year
waiting period if the petitioner can show that a | ||||||
21 | change in circumstances of a
compelling humanitarian nature has | ||||||
22 | arisen since the denial of the prior
petition.
| ||||||
23 | (b) Notice of the proposed application shall be given by
| ||||||
24 | the Board to the committing court and the state's attorney of
| ||||||
25 | the county where the conviction was had.
|
| |||||||
| |||||||
1 | (c) The Board shall, if requested and upon due notice,
give | ||||||
2 | a hearing to each application, allowing representation by
| ||||||
3 | counsel, if desired, after which it shall confidentially
advise | ||||||
4 | the Governor by a written report of its recommendations
which | ||||||
5 | shall be determined by majority vote. The Board shall
meet to | ||||||
6 | consider such petitions no less than 4 times each
year.
| ||||||
7 | Application for executive clemency under this Section may | ||||||
8 | not be commenced
on behalf of a person who has been sentenced | ||||||
9 | to death without the written
consent of the defendant, unless | ||||||
10 | the defendant, because of a mental or
physical condition, is | ||||||
11 | incapable of asserting his or her own claim.
| ||||||
12 | (d) The Governor shall decide each application and
| ||||||
13 | communicate his decision to the Board which shall notify the
| ||||||
14 | petitioner.
| ||||||
15 | In the event a petitioner who has been convicted of a Class | ||||||
16 | X felony is
granted a release, after the Governor has | ||||||
17 | communicated such decision to
the Board, the Board shall give | ||||||
18 | written notice to the Sheriff of the county
from which the | ||||||
19 | offender was sentenced if such sheriff has requested that
such | ||||||
20 | notice be given on a continuing basis. In cases where arrest of | ||||||
21 | the
offender or the commission of the offense took place in any | ||||||
22 | municipality
with a population of more than 10,000 persons, the | ||||||
23 | Board shall also give
written notice to the proper law | ||||||
24 | enforcement agency for said municipality
which has requested | ||||||
25 | notice on a continuing basis.
| ||||||
26 | (e) Nothing in this Section shall be construed to limit the |
| |||||||
| |||||||
1 | power of the
Governor under the constitution to grant a | ||||||
2 | reprieve, commutation of sentence,
or pardon.
| ||||||
3 | (Source: P.A. 89-112, eff. 7-7-95; 89-684, eff. 6-1-97.)
| ||||||
4 | (730 ILCS 5/3-6-3) (from Ch. 38, par. 1003-6-3)
| ||||||
5 | Sec. 3-6-3. Rules and Regulations for Early Release.
| ||||||
6 | (a) (1) The Department of Corrections shall prescribe | ||||||
7 | rules
and regulations for the early release on account of | ||||||
8 | good
conduct of persons committed to the Department which | ||||||
9 | shall
be subject to review by the Prisoner Review Board.
| ||||||
10 | (2) The rules and regulations on early release shall | ||||||
11 | provide, with
respect to offenses listed in clause (i), | ||||||
12 | (ii), or (iii) of this paragraph (2) committed on or after | ||||||
13 | June 19, 1998 or with respect to the offense listed in | ||||||
14 | clause (iv) of this paragraph (2) committed on or after | ||||||
15 | June 23, 2005 (the effective date of Public Act 94-71) or | ||||||
16 | with
respect to offense listed in clause (vi)
committed on | ||||||
17 | or after June 1, 2008 (the effective date of Public Act | ||||||
18 | 95-625)
or with respect to the offense of being an armed | ||||||
19 | habitual criminal committed on or after August 2, 2005 (the | ||||||
20 | effective date of Public Act 94-398) or with respect to the | ||||||
21 | offenses listed in clause (v) of this paragraph (2) | ||||||
22 | committed on or after August 13, 2007 (the effective date | ||||||
23 | of Public Act 95-134), the following:
| ||||||
24 | (i) that a prisoner who is serving a term of | ||||||
25 | imprisonment for first
degree murder or for the offense |
| |||||||
| |||||||
1 | of terrorism shall receive no good conduct
credit and | ||||||
2 | shall serve the entire
sentence imposed by the court;
| ||||||
3 | (ii) that a prisoner serving a sentence for attempt | ||||||
4 | to commit first
degree murder, solicitation of murder, | ||||||
5 | solicitation of murder for hire,
intentional homicide | ||||||
6 | of an unborn child, predatory criminal sexual assault | ||||||
7 | of a
child, aggravated criminal sexual assault, | ||||||
8 | criminal sexual assault, aggravated
kidnapping, | ||||||
9 | aggravated battery with a firearm, heinous battery, | ||||||
10 | being an armed habitual criminal, aggravated
battery | ||||||
11 | of a senior citizen, or aggravated battery of a child | ||||||
12 | shall receive no
more than 4.5 days of good conduct | ||||||
13 | credit for each month of his or her sentence
of | ||||||
14 | imprisonment;
| ||||||
15 | (iii) that a prisoner serving a sentence
for home | ||||||
16 | invasion, armed robbery, aggravated vehicular | ||||||
17 | hijacking,
aggravated discharge of a firearm, or armed | ||||||
18 | violence with a category I weapon
or category II | ||||||
19 | weapon, when the court
has made and entered a finding, | ||||||
20 | pursuant to subsection (c-1) of Section 5-4-1
of this | ||||||
21 | Code, that the conduct leading to conviction for the | ||||||
22 | enumerated offense
resulted in great bodily harm to a | ||||||
23 | victim, shall receive no more than 4.5 days
of good | ||||||
24 | conduct credit for each month of his or her sentence of | ||||||
25 | imprisonment;
| ||||||
26 | (iv) that a prisoner serving a sentence for |
| |||||||
| |||||||
1 | aggravated discharge of a firearm, whether or not the | ||||||
2 | conduct leading to conviction for the offense resulted | ||||||
3 | in great bodily harm to the victim, shall receive no | ||||||
4 | more than 4.5 days of good conduct credit for each | ||||||
5 | month of his or her sentence of imprisonment;
| ||||||
6 | (v) that a person serving a sentence for | ||||||
7 | gunrunning, narcotics racketeering, controlled | ||||||
8 | substance trafficking, methamphetamine trafficking, | ||||||
9 | drug-induced homicide, aggravated | ||||||
10 | methamphetamine-related child endangerment, money | ||||||
11 | laundering pursuant to clause (c) (4) or (5) of Section | ||||||
12 | 29B-1 of the Criminal Code of 1961, or a Class X felony | ||||||
13 | conviction for delivery of a controlled substance, | ||||||
14 | possession of a controlled substance with intent to | ||||||
15 | manufacture or deliver, calculated criminal drug | ||||||
16 | conspiracy, criminal drug conspiracy, street gang | ||||||
17 | criminal drug conspiracy, participation in | ||||||
18 | methamphetamine manufacturing, aggravated | ||||||
19 | participation in methamphetamine manufacturing, | ||||||
20 | delivery of methamphetamine, possession with intent to | ||||||
21 | deliver methamphetamine, aggravated delivery of | ||||||
22 | methamphetamine, aggravated possession with intent to | ||||||
23 | deliver methamphetamine, methamphetamine conspiracy | ||||||
24 | when the substance containing the controlled substance | ||||||
25 | or methamphetamine is 100 grams or more shall receive | ||||||
26 | no more than 7.5 days good conduct credit for each |
| |||||||
| |||||||
1 | month of his or her sentence of imprisonment; and
| ||||||
2 | (vi)
that a prisoner serving a sentence for a | ||||||
3 | second or subsequent offense of luring a minor shall | ||||||
4 | receive no more than 4.5 days of good conduct credit | ||||||
5 | for each month of his or her sentence of imprisonment.
| ||||||
6 | (2.1) For all offenses, other than those enumerated in | ||||||
7 | subdivision (a)(2)(i), (ii), or (iii)
committed on or after | ||||||
8 | June 19, 1998 or subdivision (a)(2)(iv) committed on or | ||||||
9 | after June 23, 2005 (the effective date of Public Act | ||||||
10 | 94-71) or subdivision (a)(2)(v) committed on or after | ||||||
11 | August 13, 2007 (the effective date of Public Act 95-134)
| ||||||
12 | or subdivision (a)(2)(vi) committed on or after June 1, | ||||||
13 | 2008 (the effective date of Public Act 95-625), and other | ||||||
14 | than the offense of reckless
homicide as defined in | ||||||
15 | subsection (e) of Section 9-3 of the Criminal Code of
1961 | ||||||
16 | committed on or after January 1, 1999,
or aggravated | ||||||
17 | driving under the influence of alcohol, other drug or | ||||||
18 | drugs, or
intoxicating compound or compounds, or any | ||||||
19 | combination thereof as defined in
subparagraph (F) of | ||||||
20 | paragraph (1) of subsection (d) of Section 11-501 of the
| ||||||
21 | Illinois Vehicle Code,
the rules and regulations shall
| ||||||
22 | provide that a prisoner who is serving a term of
| ||||||
23 | imprisonment shall receive one day of good conduct credit | ||||||
24 | for each day of
his or her sentence of imprisonment or | ||||||
25 | recommitment under Section 3-3-9.
Each day of good conduct | ||||||
26 | credit shall reduce by one day the prisoner's period
of |
| |||||||
| |||||||
1 | imprisonment or recommitment under Section 3-3-9.
| ||||||
2 | (2.2) A prisoner serving a term of natural life | ||||||
3 | imprisonment or a
prisoner who has been sentenced to death | ||||||
4 | shall receive no good conduct
credit.
| ||||||
5 | (2.3) The rules and regulations on early release shall | ||||||
6 | provide that
a prisoner who is serving a sentence for | ||||||
7 | reckless homicide as defined in
subsection (e) of Section | ||||||
8 | 9-3 of the Criminal Code of 1961 committed on or
after | ||||||
9 | January 1, 1999, or aggravated driving under the influence | ||||||
10 | of alcohol,
other drug or drugs, or intoxicating compound | ||||||
11 | or compounds, or any combination
thereof as defined in | ||||||
12 | subparagraph (F) of paragraph (1) of subsection (d) of
| ||||||
13 | Section 11-501 of the Illinois Vehicle Code, shall receive | ||||||
14 | no more than 4.5
days of good conduct credit for each month | ||||||
15 | of his or her sentence of
imprisonment.
| ||||||
16 | (2.4) The rules and regulations on early release shall | ||||||
17 | provide with
respect to the offenses of aggravated battery | ||||||
18 | with a machine gun or a firearm
equipped with any device or | ||||||
19 | attachment designed or used for silencing the
report of a | ||||||
20 | firearm or aggravated discharge of a machine gun or a | ||||||
21 | firearm
equipped with any device or attachment designed or | ||||||
22 | used for silencing the
report of a firearm, committed on or | ||||||
23 | after
July 15, 1999 (the effective date of Public Act | ||||||
24 | 91-121),
that a prisoner serving a sentence for any of | ||||||
25 | these offenses shall receive no
more than 4.5 days of good | ||||||
26 | conduct credit for each month of his or her sentence
of |
| |||||||
| |||||||
1 | imprisonment.
| ||||||
2 | (2.5) The rules and regulations on early release shall | ||||||
3 | provide that a
prisoner who is serving a sentence for | ||||||
4 | aggravated arson committed on or after
July 27, 2001 (the | ||||||
5 | effective date of Public Act 92-176) shall receive no more | ||||||
6 | than
4.5 days of good conduct credit for each month of his | ||||||
7 | or her sentence of
imprisonment.
| ||||||
8 | (3) The rules and regulations shall also provide that
| ||||||
9 | the Director may award up to 180 days additional good | ||||||
10 | conduct
credit for meritorious service in specific | ||||||
11 | instances as the
Director deems proper; except that no more | ||||||
12 | than 90 days
of good conduct credit for meritorious service
| ||||||
13 | shall be awarded to any prisoner who is serving a sentence | ||||||
14 | for
conviction of first degree murder, reckless homicide | ||||||
15 | while under the
influence of alcohol or any other drug,
or | ||||||
16 | aggravated driving under the influence of alcohol, other | ||||||
17 | drug or drugs, or
intoxicating compound or compounds, or | ||||||
18 | any combination thereof as defined in
subparagraph (F) of | ||||||
19 | paragraph (1) of subsection (d) of Section 11-501 of the
| ||||||
20 | Illinois Vehicle Code, aggravated kidnapping, kidnapping,
| ||||||
21 | predatory criminal sexual assault of a child,
aggravated | ||||||
22 | criminal sexual assault, criminal sexual assault, deviate | ||||||
23 | sexual
assault, aggravated criminal sexual abuse, | ||||||
24 | aggravated indecent liberties
with a child, indecent | ||||||
25 | liberties with a child, child pornography, heinous
| ||||||
26 | battery, aggravated battery of a spouse, aggravated |
| |||||||
| |||||||
1 | battery of a spouse
with a firearm, stalking, aggravated | ||||||
2 | stalking, aggravated battery of a child,
endangering the | ||||||
3 | life or health of a child, or cruelty to a child. | ||||||
4 | Notwithstanding the foregoing, good conduct credit for
| ||||||
5 | meritorious service shall not be awarded on a
sentence of | ||||||
6 | imprisonment imposed for conviction of: (i) one of the | ||||||
7 | offenses
enumerated in subdivision (a)(2)(i), (ii), or | ||||||
8 | (iii) when the offense is committed on or after
June 19, | ||||||
9 | 1998 or subdivision (a)(2)(iv) when the offense is | ||||||
10 | committed on or after June 23, 2005 (the effective date of | ||||||
11 | Public Act 94-71) or subdivision (a)(2)(v) when the offense | ||||||
12 | is committed on or after August 13, 2007 (the effective | ||||||
13 | date of Public Act 95-134)
or subdivision (a)(2)(vi) when | ||||||
14 | the offense is committed on or after June 1, 2008 (the | ||||||
15 | effective date of Public Act 95-625), (ii) reckless | ||||||
16 | homicide as
defined in subsection (e) of Section 9-3 of the | ||||||
17 | Criminal Code of 1961 when
the offense is committed on or | ||||||
18 | after January 1, 1999,
or aggravated driving under the | ||||||
19 | influence of alcohol, other drug or drugs, or
intoxicating | ||||||
20 | compound or compounds, or any combination thereof as | ||||||
21 | defined in
subparagraph (F) of paragraph (1) of subsection | ||||||
22 | (d) of Section 11-501 of the
Illinois Vehicle Code, (iii) | ||||||
23 | one of the offenses enumerated in subdivision
(a)(2.4) when | ||||||
24 | the offense is committed on or after
July 15, 1999 (the | ||||||
25 | effective date of Public Act 91-121),
or (iv) aggravated | ||||||
26 | arson when the offense is committed
on or after July 27, |
| |||||||
| |||||||
1 | 2001 (the effective date of Public Act 92-176).
| ||||||
2 | (4) The rules and regulations shall also provide that | ||||||
3 | the good conduct
credit accumulated and retained under | ||||||
4 | paragraph (2.1) of subsection (a) of
this Section by any | ||||||
5 | inmate during specific periods of time in which such
inmate | ||||||
6 | is engaged full-time in substance abuse programs, | ||||||
7 | correctional
industry assignments, or educational programs | ||||||
8 | provided by the Department
under this paragraph (4) and | ||||||
9 | satisfactorily completes the assigned program as
| ||||||
10 | determined by the standards of the Department, shall be | ||||||
11 | multiplied by a factor
of 1.25 for program participation | ||||||
12 | before August 11, 1993
and 1.50 for program participation | ||||||
13 | on or after that date.
However, no inmate shall be eligible | ||||||
14 | for the additional good conduct credit
under this paragraph | ||||||
15 | (4) or (4.1) of this subsection (a) while assigned to a | ||||||
16 | boot camp
or electronic detention, or if convicted of an | ||||||
17 | offense enumerated in
subdivision (a)(2)(i), (ii), or | ||||||
18 | (iii) of this Section that is committed on or after June | ||||||
19 | 19,
1998 or subdivision (a)(2)(iv) of this Section that is | ||||||
20 | committed on or after June 23, 2005 (the effective date of | ||||||
21 | Public Act 94-71) or subdivision (a)(2)(v) of this Section | ||||||
22 | that is committed on or after August 13, 2007 (the | ||||||
23 | effective date of Public Act 95-134)
or subdivision | ||||||
24 | (a)(2)(vi) when the offense is committed on or after June | ||||||
25 | 1, 2008 (the effective date of Public Act 95-625), or if | ||||||
26 | convicted of reckless homicide as defined in subsection (e) |
| |||||||
| |||||||
1 | of
Section 9-3 of the Criminal Code of 1961 if the offense | ||||||
2 | is committed on or
after January 1, 1999,
or aggravated | ||||||
3 | driving under the influence of alcohol, other drug or | ||||||
4 | drugs, or
intoxicating compound or compounds, or any | ||||||
5 | combination thereof as defined in
subparagraph (F) of | ||||||
6 | paragraph (1) of subsection (d) of Section 11-501 of the
| ||||||
7 | Illinois Vehicle Code, or if convicted of an offense | ||||||
8 | enumerated in paragraph
(a)(2.4) of this Section that is | ||||||
9 | committed on or after
July 15, 1999 (the effective date of | ||||||
10 | Public Act 91-121),
or first degree murder, a Class X | ||||||
11 | felony, criminal sexual
assault, felony criminal sexual | ||||||
12 | abuse, aggravated criminal sexual abuse,
aggravated | ||||||
13 | battery with a firearm, or any predecessor or successor | ||||||
14 | offenses
with the same or substantially the same elements, | ||||||
15 | or any inchoate offenses
relating to the foregoing | ||||||
16 | offenses. No inmate shall be eligible for the
additional | ||||||
17 | good conduct credit under this paragraph (4) who (i) has | ||||||
18 | previously
received increased good conduct credit under | ||||||
19 | this paragraph (4) and has
subsequently been convicted of a
| ||||||
20 | felony, or (ii) has previously served more than one prior | ||||||
21 | sentence of
imprisonment for a felony in an adult | ||||||
22 | correctional facility.
| ||||||
23 | Educational, vocational, substance abuse and | ||||||
24 | correctional
industry programs under which good conduct | ||||||
25 | credit may be increased under
this paragraph (4) and | ||||||
26 | paragraph (4.1) of this subsection (a) shall be evaluated |
| |||||||
| |||||||
1 | by the Department on the basis of
documented standards. The | ||||||
2 | Department shall report the results of these
evaluations to | ||||||
3 | the Governor and the General Assembly by September 30th of | ||||||
4 | each
year. The reports shall include data relating to the | ||||||
5 | recidivism rate among
program participants.
| ||||||
6 | Availability of these programs shall be subject to the
| ||||||
7 | limits of fiscal resources appropriated by the General | ||||||
8 | Assembly for these
purposes. Eligible inmates who are | ||||||
9 | denied immediate admission shall be
placed on a waiting | ||||||
10 | list under criteria established by the Department.
The | ||||||
11 | inability of any inmate to become engaged in any such | ||||||
12 | programs
by reason of insufficient program resources or for | ||||||
13 | any other reason
established under the rules and | ||||||
14 | regulations of the Department shall not be
deemed a cause | ||||||
15 | of action under which the Department or any employee or
| ||||||
16 | agent of the Department shall be liable for damages to the | ||||||
17 | inmate.
| ||||||
18 | (4.1) The rules and regulations shall also provide that | ||||||
19 | an additional 60 days of good conduct credit shall be | ||||||
20 | awarded to any prisoner who passes the high school level | ||||||
21 | Test of General Educational Development (GED) while the | ||||||
22 | prisoner is incarcerated. The good conduct credit awarded | ||||||
23 | under this paragraph (4.1) shall be in addition to, and | ||||||
24 | shall not affect, the award of good conduct under any other | ||||||
25 | paragraph of this Section, but shall also be pursuant to | ||||||
26 | the guidelines and restrictions set forth in paragraph (4) |
| |||||||
| |||||||
1 | of subsection (a) of this Section.
The good conduct credit | ||||||
2 | provided for in this paragraph shall be available only to | ||||||
3 | those prisoners who have not previously earned a high | ||||||
4 | school diploma or a GED. If, after an award of the GED good | ||||||
5 | conduct credit has been made and the Department determines | ||||||
6 | that the prisoner was not eligible, then the award shall be | ||||||
7 | revoked.
| ||||||
8 | (4.5) The rules and regulations on early release shall | ||||||
9 | also provide that
when the court's sentencing order | ||||||
10 | recommends a prisoner for substance abuse treatment and the
| ||||||
11 | crime was committed on or after September 1, 2003 (the | ||||||
12 | effective date of
Public Act 93-354), the prisoner shall | ||||||
13 | receive no good conduct credit awarded under clause (3) of | ||||||
14 | this subsection (a) unless he or she participates in and
| ||||||
15 | completes a substance abuse treatment program. The | ||||||
16 | Director may waive the requirement to participate in or | ||||||
17 | complete a substance abuse treatment program and award the | ||||||
18 | good conduct credit in specific instances if the prisoner | ||||||
19 | is not a good candidate for a substance abuse treatment | ||||||
20 | program for medical, programming, or operational reasons. | ||||||
21 | Availability of
substance abuse treatment shall be subject | ||||||
22 | to the limits of fiscal resources
appropriated by the | ||||||
23 | General Assembly for these purposes. If treatment is not
| ||||||
24 | available and the requirement to participate and complete | ||||||
25 | the treatment has not been waived by the Director, the | ||||||
26 | prisoner shall be placed on a waiting list under criteria
|
| |||||||
| |||||||
1 | established by the Department. The Director may allow a | ||||||
2 | prisoner placed on
a waiting list to participate in and | ||||||
3 | complete a substance abuse education class or attend | ||||||
4 | substance
abuse self-help meetings in lieu of a substance | ||||||
5 | abuse treatment program. A prisoner on a waiting list who | ||||||
6 | is not placed in a substance abuse program prior to release | ||||||
7 | may be eligible for a waiver and receive good conduct | ||||||
8 | credit under clause (3) of this subsection (a) at the | ||||||
9 | discretion of the Director.
| ||||||
10 | (4.6) The rules and regulations on early release shall | ||||||
11 | also provide that a prisoner who has been convicted of a | ||||||
12 | sex offense as defined in Section 2 of the Sex Offender | ||||||
13 | Registration Act shall receive no good conduct credit | ||||||
14 | unless he or she either has successfully completed or is | ||||||
15 | participating in sex offender treatment as defined by the | ||||||
16 | Sex Offender Management Board. However, prisoners who are | ||||||
17 | waiting to receive such treatment, but who are unable to do | ||||||
18 | so due solely to the lack of resources on the part of the | ||||||
19 | Department, may, at the Director's sole discretion, be | ||||||
20 | awarded good conduct credit at such rate as the Director | ||||||
21 | shall determine.
| ||||||
22 | (5) Whenever the Department is to release any inmate | ||||||
23 | earlier than it
otherwise would because of a grant of good | ||||||
24 | conduct credit for meritorious
service given at any time | ||||||
25 | during the term, the Department shall give
reasonable | ||||||
26 | advance notice of the impending release to the State's
|
| |||||||
| |||||||
1 | Attorney of the county where the prosecution of the inmate | ||||||
2 | took place.
| ||||||
3 | (b) Whenever a person is or has been committed under
| ||||||
4 | several convictions, with separate sentences, the sentences
| ||||||
5 | shall be construed under Section 5-8-4 in granting and
| ||||||
6 | forfeiting of good time.
| ||||||
7 | (c) The Department shall prescribe rules and regulations
| ||||||
8 | for revoking good conduct credit, or suspending or reducing
the | ||||||
9 | rate of accumulation of good conduct credit for specific
rule | ||||||
10 | violations, during imprisonment. These rules and regulations
| ||||||
11 | shall provide that no inmate may be penalized more than one
| ||||||
12 | year of good conduct credit for any one infraction.
| ||||||
13 | When the Department seeks to revoke, suspend or reduce
the | ||||||
14 | rate of accumulation of any good conduct credits for
an alleged | ||||||
15 | infraction of its rules, it shall bring charges
therefor | ||||||
16 | against the prisoner sought to be so deprived of
good conduct | ||||||
17 | credits before the Prisoner Review Board as
provided in | ||||||
18 | subparagraph (a)(4) of Section 3-3-2 of this
Code, if the | ||||||
19 | amount of credit at issue exceeds 30 days or
when during any 12 | ||||||
20 | month period, the cumulative amount of
credit revoked exceeds | ||||||
21 | 30 days except where the infraction is committed
or discovered | ||||||
22 | within 60 days of scheduled release. In those cases,
the | ||||||
23 | Department of Corrections may revoke up to 30 days of good | ||||||
24 | conduct credit.
The Board may subsequently approve the | ||||||
25 | revocation of additional good
conduct credit, if the Department | ||||||
26 | seeks to revoke good conduct credit in
excess of 30 days. |
| |||||||
| |||||||
1 | However, the Board shall not be empowered to review the
| ||||||
2 | Department's decision with respect to the loss of 30 days of | ||||||
3 | good conduct
credit within any calendar year for any prisoner | ||||||
4 | or to increase any penalty
beyond the length requested by the | ||||||
5 | Department.
| ||||||
6 | The Director of the Department of Corrections, in | ||||||
7 | appropriate cases, may
restore up to 30 days good conduct | ||||||
8 | credits which have been revoked, suspended
or reduced. Any | ||||||
9 | restoration of good conduct credits in excess of 30 days shall
| ||||||
10 | be subject to review by the Prisoner Review Board. However, the | ||||||
11 | Board may not
restore good conduct credit in excess of the | ||||||
12 | amount requested by the Director.
| ||||||
13 | Nothing contained in this Section shall prohibit the | ||||||
14 | Prisoner Review Board
from ordering, pursuant to Section | ||||||
15 | 3-3-9(a)(3)(i)(B), that a prisoner serve up
to one year of the | ||||||
16 | sentence imposed by the court that was not served due to the
| ||||||
17 | accumulation of good conduct credit.
| ||||||
18 | (d) If a lawsuit is filed by a prisoner in an Illinois or | ||||||
19 | federal court
against the State, the Department of Corrections, | ||||||
20 | or the Prisoner Review Board,
or against any of
their officers | ||||||
21 | or employees, and the court makes a specific finding that a
| ||||||
22 | pleading, motion, or other paper filed by the prisoner is | ||||||
23 | frivolous, the
Department of Corrections shall conduct a | ||||||
24 | hearing to revoke up to
180 days of good conduct credit by | ||||||
25 | bringing charges against the prisoner
sought to be deprived of | ||||||
26 | the good conduct credits before the Prisoner Review
Board as |
| |||||||
| |||||||
1 | provided in subparagraph (a)(8) of Section 3-3-2 of this Code.
| ||||||
2 | If the prisoner has not accumulated 180 days of good conduct | ||||||
3 | credit at the
time of the finding, then the Prisoner Review | ||||||
4 | Board may revoke all
good conduct credit accumulated by the | ||||||
5 | prisoner.
| ||||||
6 | For purposes of this subsection (d):
| ||||||
7 | (1) "Frivolous" means that a pleading, motion, or other | ||||||
8 | filing which
purports to be a legal document filed by a | ||||||
9 | prisoner in his or her lawsuit meets
any or all of the | ||||||
10 | following criteria:
| ||||||
11 | (A) it lacks an arguable basis either in law or in | ||||||
12 | fact;
| ||||||
13 | (B) it is being presented for any improper purpose, | ||||||
14 | such as to harass or
to cause unnecessary delay or | ||||||
15 | needless increase in the cost of litigation;
| ||||||
16 | (C) the claims, defenses, and other legal | ||||||
17 | contentions therein are not
warranted by existing law | ||||||
18 | or by a nonfrivolous argument for the extension,
| ||||||
19 | modification, or reversal of existing law or the | ||||||
20 | establishment of new law;
| ||||||
21 | (D) the allegations and other factual contentions | ||||||
22 | do not have
evidentiary
support or, if specifically so | ||||||
23 | identified, are not likely to have evidentiary
support | ||||||
24 | after a reasonable opportunity for further | ||||||
25 | investigation or discovery;
or
| ||||||
26 | (E) the denials of factual contentions are not |
| |||||||
| |||||||
1 | warranted on the
evidence, or if specifically so | ||||||
2 | identified, are not reasonably based on a lack
of | ||||||
3 | information or belief.
| ||||||
4 | (2) "Lawsuit" means a motion pursuant to Section
116-3 | ||||||
5 | of the Code of Criminal Procedure of 1963, a habeas corpus | ||||||
6 | action under
Article X of the Code of Civil Procedure or | ||||||
7 | under federal law (28 U.S.C. 2254),
a petition for claim | ||||||
8 | under the Court of Claims Act, an action under the
federal | ||||||
9 | Civil Rights Act (42 U.S.C. 1983), or a second or | ||||||
10 | subsequent petition for post-conviction relief under | ||||||
11 | Article 122 of the Code of Criminal Procedure of 1963 | ||||||
12 | whether filed with or without leave of court or a second or | ||||||
13 | subsequent petition for relief from judgment under Section | ||||||
14 | 2-1401 of the Code of Civil Procedure.
| ||||||
15 | (e) Nothing in Public Act 90-592 or 90-593 affects the | ||||||
16 | validity of Public Act 89-404.
| ||||||
17 | (f) Whenever the Department is to release any inmate who | ||||||
18 | has been convicted of a violation of an order of protection | ||||||
19 | under Section 12-30 of the Criminal Code of 1961, earlier than | ||||||
20 | it
otherwise would because of a grant of good conduct credit, | ||||||
21 | the Department, as a condition of such early release, shall | ||||||
22 | require that the person, upon release, be placed under | ||||||
23 | electronic surveillance as provided in Section 5-8A-7 of this | ||||||
24 | Code. | ||||||
25 | (Source: P.A. 94-71, eff. 6-23-05; 94-128, eff. 7-7-05; 94-156, | ||||||
26 | eff. 7-8-05; 94-398, eff. 8-2-05; 94-491, eff. 8-8-05; 94-744, |
| |||||||
| |||||||
1 | eff. 5-8-06; 95-134, eff. 8-13-07; 95-585, eff. 6-1-08; 95-625, | ||||||
2 | eff. 6-1-08; 95-640, eff. 6-1-08; 95-773, eff. 1-1-09; 95-876, | ||||||
3 | eff. 8-21-08.)
| ||||||
4 | (730 ILCS 5/3-8-10) (from Ch. 38, par. 1003-8-10)
| ||||||
5 | Sec. 3-8-10. Intrastate Detainers.
Except for persons | ||||||
6 | sentenced to death, Subsection (b), (c) and (e) of
Section | ||||||
7 | 103-5 of the Code of Criminal Procedure of 1963 shall also | ||||||
8 | apply to
persons committed to any institution or facility or | ||||||
9 | program of the Illinois
Department of Corrections who have | ||||||
10 | untried complaints, charges or
indictments pending in any | ||||||
11 | county of this State, and such person shall
include in the | ||||||
12 | demand under subsection (b), a statement of the place of
| ||||||
13 | present commitment, the term, and length of the remaining term, | ||||||
14 | the charges
pending against him or her to be tried and the | ||||||
15 | county of the
charges, and the
demand shall be addressed to the | ||||||
16 | state's attorney of the county where he or she
is
charged with | ||||||
17 | a copy to the clerk of that court and a copy to the chief
| ||||||
18 | administrative officer of the Department of Corrections | ||||||
19 | institution or
facility to which he or she is committed. The | ||||||
20 | state's attorney shall then
procure
the presence of the | ||||||
21 | defendant for trial in his county by habeas
corpus. Additional | ||||||
22 | time may be granted by the court for the process of
bringing | ||||||
23 | and serving an order of habeas
corpus ad prosequendum. In
the | ||||||
24 | event that the person is not brought to trial within the | ||||||
25 | allotted
time, then the charge for which he or she has |
| |||||||
| |||||||
1 | requested a speedy trial shall be
dismissed.
| ||||||
2 | (Source: P.A. 83-346.)
| ||||||
3 | (730 ILCS 5/5-1-9) (from Ch. 38, par. 1005-1-9)
| ||||||
4 | Sec. 5-1-9.
Felony.
| ||||||
5 | "Felony" means an offense for which a sentence to death or | ||||||
6 | to a term of
imprisonment in a penitentiary for one year or | ||||||
7 | more is provided.
| ||||||
8 | (Source: P.A. 77-2097.)
| ||||||
9 | (730 ILCS 5/5-4-1) (from Ch. 38, par. 1005-4-1)
| ||||||
10 | Sec. 5-4-1. Sentencing Hearing.
| ||||||
11 | (a) After Except when the death penalty is
sought under | ||||||
12 | hearing procedures otherwise specified, after a
determination | ||||||
13 | of guilt, a hearing shall be held to impose the sentence.
| ||||||
14 | However, prior to the imposition of sentence on an individual | ||||||
15 | being
sentenced for an offense based upon a charge for a | ||||||
16 | violation of Section
11-501 of the Illinois Vehicle Code or a | ||||||
17 | similar provision of a local
ordinance, the individual must | ||||||
18 | undergo a professional evaluation to
determine if an alcohol or | ||||||
19 | other drug abuse problem exists and the extent
of such a | ||||||
20 | problem. Programs conducting these evaluations shall be
| ||||||
21 | licensed by the Department of Human Services. However, if the | ||||||
22 | individual is
not a resident of Illinois, the court
may, in its | ||||||
23 | discretion, accept an evaluation from a program in the state of
| ||||||
24 | such individual's residence. The court may in its sentencing |
| |||||||
| |||||||
1 | order approve an
eligible defendant for placement in a | ||||||
2 | Department of Corrections impact
incarceration program as | ||||||
3 | provided in Section 5-8-1.1 or 5-8-1.3. The court may in its | ||||||
4 | sentencing order recommend a defendant for placement in a | ||||||
5 | Department of Corrections substance abuse treatment program as | ||||||
6 | provided in paragraph (a) of subsection (1) of Section 3-2-2 | ||||||
7 | conditioned upon the defendant being accepted in a program by | ||||||
8 | the Department of Corrections. At the
hearing the court
shall:
| ||||||
9 | (1) consider the evidence, if any, received upon the | ||||||
10 | trial;
| ||||||
11 | (2) consider any presentence reports;
| ||||||
12 | (3) consider the financial impact of incarceration | ||||||
13 | based on the
financial impact statement filed with the | ||||||
14 | clerk of the court by the
Department of Corrections;
| ||||||
15 | (4) consider evidence and information offered by the | ||||||
16 | parties in
aggravation and mitigation; | ||||||
17 | (4.5) consider substance abuse treatment, eligibility | ||||||
18 | screening, and an assessment, if any, of the defendant by | ||||||
19 | an agent designated by the State of Illinois to provide | ||||||
20 | assessment services for the Illinois courts;
| ||||||
21 | (5) hear arguments as to sentencing alternatives;
| ||||||
22 | (6) afford the defendant the opportunity to make a | ||||||
23 | statement in his
own behalf;
| ||||||
24 | (7) afford the victim of a violent crime or a violation | ||||||
25 | of Section
11-501 of the Illinois Vehicle Code, or a | ||||||
26 | similar provision of a local
ordinance, or a qualified |
| |||||||
| |||||||
1 | individual affected by: (i) a violation of Section
405, | ||||||
2 | 405.1, 405.2, or 407 of the Illinois Controlled Substances | ||||||
3 | Act or a violation of Section 55 or Section 65 of the | ||||||
4 | Methamphetamine Control and Community Protection Act,
or | ||||||
5 | (ii) a Class 4 felony violation of Section 11-14, 11-15, | ||||||
6 | 11-17, 11-18,
11-18.1, or 11-19 of the Criminal Code of | ||||||
7 | 1961,
committed by the defendant the opportunity to make a | ||||||
8 | statement
concerning the impact on the victim and to offer | ||||||
9 | evidence in aggravation or
mitigation; provided that the | ||||||
10 | statement and evidence offered in aggravation
or | ||||||
11 | mitigation must first be prepared in writing in conjunction | ||||||
12 | with the
State's Attorney before it may be presented orally | ||||||
13 | at the hearing. Any
sworn testimony offered by the victim | ||||||
14 | is subject to the defendant's right
to cross-examine. All | ||||||
15 | statements and evidence offered under this paragraph
(7) | ||||||
16 | shall become part of the record of the court. For the | ||||||
17 | purpose of this
paragraph (7), "qualified individual" | ||||||
18 | means any person who (i) lived or worked
within the | ||||||
19 | territorial jurisdiction where the offense took place when | ||||||
20 | the
offense took place;
and (ii) is familiar with various | ||||||
21 | public places within the territorial
jurisdiction where
| ||||||
22 | the offense took place when the offense took place. For the | ||||||
23 | purposes of
this paragraph (7), "qualified individual" | ||||||
24 | includes any peace officer,
or any member of any duly | ||||||
25 | organized State, county, or municipal peace unit
assigned | ||||||
26 | to the territorial jurisdiction where the offense took |
| |||||||
| |||||||
1 | place when the
offense took
place;
| ||||||
2 | (8) in cases of reckless homicide afford the victim's | ||||||
3 | spouse,
guardians, parents or other immediate family | ||||||
4 | members an opportunity to make
oral statements; and
| ||||||
5 | (9) in cases involving a felony sex offense as defined | ||||||
6 | under the Sex
Offender
Management Board Act, consider the | ||||||
7 | results of the sex offender evaluation
conducted pursuant | ||||||
8 | to Section 5-3-2 of this Act.
| ||||||
9 | (b) All sentences shall be imposed by the judge based upon | ||||||
10 | his
independent assessment of the elements specified above and | ||||||
11 | any agreement
as to sentence reached by the parties. The judge | ||||||
12 | who presided at the
trial or the judge who accepted the plea of | ||||||
13 | guilty shall impose the
sentence unless he is no longer sitting | ||||||
14 | as a judge in that court. Where
the judge does not impose | ||||||
15 | sentence at the same time on all defendants
who are convicted | ||||||
16 | as a result of being involved in the same offense, the
| ||||||
17 | defendant or the State's Attorney may advise the sentencing | ||||||
18 | court of the
disposition of any other defendants who have been | ||||||
19 | sentenced.
| ||||||
20 | (c) In imposing a sentence for a violent crime or for an | ||||||
21 | offense of
operating or being in physical control of a vehicle | ||||||
22 | while under the
influence of alcohol, any other drug or any | ||||||
23 | combination thereof, or a
similar provision of a local | ||||||
24 | ordinance, when such offense resulted in the
personal injury to | ||||||
25 | someone other than the defendant, the trial judge shall
specify | ||||||
26 | on the record the particular evidence, information, factors in
|
| |||||||
| |||||||
1 | mitigation and aggravation or other reasons that led to his | ||||||
2 | sentencing
determination. The full verbatim record of the | ||||||
3 | sentencing hearing shall be
filed with the clerk of the court | ||||||
4 | and shall be a public record.
| ||||||
5 | (c-1) In imposing a sentence for the offense of aggravated | ||||||
6 | kidnapping for
ransom, home invasion, armed robbery, | ||||||
7 | aggravated vehicular hijacking,
aggravated discharge of a | ||||||
8 | firearm, or armed violence with a category I weapon
or category | ||||||
9 | II weapon,
the trial judge shall make a finding as to whether | ||||||
10 | the conduct leading to
conviction for the offense resulted in | ||||||
11 | great bodily harm to a victim, and
shall enter that finding and | ||||||
12 | the basis for that finding in the record.
| ||||||
13 | (c-2) If the defendant is sentenced to prison, other than | ||||||
14 | when a sentence of
natural life imprisonment or a sentence of | ||||||
15 | death is imposed, at the time
the sentence is imposed the judge | ||||||
16 | shall
state on the record in open court the approximate period | ||||||
17 | of time the defendant
will serve in custody according to the | ||||||
18 | then current statutory rules and
regulations for early release | ||||||
19 | found in Section 3-6-3 and other related
provisions of this | ||||||
20 | Code. This statement is intended solely to inform the
public, | ||||||
21 | has no legal effect on the defendant's actual release, and may | ||||||
22 | not be
relied on by the defendant on appeal.
| ||||||
23 | The judge's statement, to be given after pronouncing the | ||||||
24 | sentence, other than
when the sentence is imposed for one of | ||||||
25 | the offenses enumerated in paragraph
(a)(3) of Section 3-6-3, | ||||||
26 | shall include the following:
|
| |||||||
| |||||||
1 | "The purpose of this statement is to inform the public of | ||||||
2 | the actual period
of time this defendant is likely to spend in | ||||||
3 | prison as a result of this
sentence. The actual period of | ||||||
4 | prison time served is determined by the
statutes of Illinois as | ||||||
5 | applied to this sentence by the Illinois Department of
| ||||||
6 | Corrections and
the Illinois Prisoner Review Board. In this | ||||||
7 | case, assuming the defendant
receives all of his or her good | ||||||
8 | conduct credit, the period of estimated actual
custody is ... | ||||||
9 | years and ... months, less up to 180 days additional good
| ||||||
10 | conduct credit for meritorious service. If the defendant, | ||||||
11 | because of his or
her own misconduct or failure to comply with | ||||||
12 | the institutional regulations,
does not receive those credits, | ||||||
13 | the actual time served in prison will be
longer. The defendant | ||||||
14 | may also receive an additional one-half day good conduct
credit | ||||||
15 | for each day of participation in vocational, industry, | ||||||
16 | substance abuse,
and educational programs as provided for by | ||||||
17 | Illinois statute."
| ||||||
18 | When the sentence is imposed for one of the offenses | ||||||
19 | enumerated in paragraph
(a)(3) of Section 3-6-3, other than | ||||||
20 | when the sentence is imposed for one of the
offenses enumerated | ||||||
21 | in paragraph (a)(2) of Section 3-6-3 committed on or after
June | ||||||
22 | 19, 1998, and other than when the sentence is imposed for
| ||||||
23 | reckless homicide as defined in subsection (e) of Section 9-3 | ||||||
24 | of the Criminal
Code of 1961 if the offense was committed on or | ||||||
25 | after January 1, 1999, and
other than when the sentence is | ||||||
26 | imposed for aggravated arson if the offense was
committed on or |
| |||||||
| |||||||
1 | after July 27, 2001 (the effective date of Public Act
92-176), | ||||||
2 | the
judge's statement, to be given after pronouncing the | ||||||
3 | sentence, shall include
the following:
| ||||||
4 | "The purpose of this statement is to inform the public of | ||||||
5 | the actual period
of time this defendant is likely to spend in | ||||||
6 | prison as a result of this
sentence. The actual period of | ||||||
7 | prison time served is determined by the
statutes of Illinois as | ||||||
8 | applied to this sentence by the Illinois Department of
| ||||||
9 | Corrections and the Illinois Prisoner Review Board. In this | ||||||
10 | case,
assuming the defendant
receives all of his or her good | ||||||
11 | conduct credit, the period of estimated actual
custody is ... | ||||||
12 | years and ... months, less up to 90 days additional good
| ||||||
13 | conduct credit for meritorious service. If the defendant, | ||||||
14 | because of his or
her own misconduct or failure to comply with | ||||||
15 | the institutional regulations,
does not receive those credits, | ||||||
16 | the actual time served in prison will be
longer. The defendant | ||||||
17 | may also receive an additional one-half day good conduct
credit | ||||||
18 | for each day of participation in vocational, industry, | ||||||
19 | substance abuse,
and educational programs as provided for by | ||||||
20 | Illinois statute."
| ||||||
21 | When the sentence is imposed for one of the offenses | ||||||
22 | enumerated in paragraph
(a)(2) of Section 3-6-3, other than | ||||||
23 | first degree murder, and the offense was
committed on or after | ||||||
24 | June 19, 1998, and when the sentence is imposed for
reckless | ||||||
25 | homicide as defined in subsection (e) of Section 9-3 of the | ||||||
26 | Criminal
Code of 1961 if the offense was committed on or after |
| |||||||
| |||||||
1 | January 1, 1999,
and when the sentence is imposed for | ||||||
2 | aggravated driving under the influence
of alcohol, other drug | ||||||
3 | or drugs, or intoxicating compound or compounds, or
any | ||||||
4 | combination thereof as defined in subparagraph (F) of paragraph | ||||||
5 | (1) of
subsection (d) of Section 11-501 of the Illinois Vehicle | ||||||
6 | Code, and when
the sentence is imposed for aggravated arson if | ||||||
7 | the offense was committed
on or after July 27, 2001 (the | ||||||
8 | effective date of Public Act 92-176), the judge's
statement, to | ||||||
9 | be given after pronouncing the sentence, shall include the
| ||||||
10 | following:
| ||||||
11 | "The purpose of this statement is to inform the public of | ||||||
12 | the actual period
of time this defendant is likely to spend in | ||||||
13 | prison as a result of this
sentence. The actual period of | ||||||
14 | prison time served is determined by the
statutes of Illinois as | ||||||
15 | applied to this sentence by the Illinois Department of
| ||||||
16 | Corrections and
the Illinois Prisoner Review Board. In this | ||||||
17 | case,
the defendant is entitled to no more than 4 1/2 days of | ||||||
18 | good conduct credit for
each month of his or her sentence of | ||||||
19 | imprisonment. Therefore, this defendant
will serve at least 85% | ||||||
20 | of his or her sentence. Assuming the defendant
receives 4 1/2 | ||||||
21 | days credit for each month of his or her sentence, the period
| ||||||
22 | of estimated actual custody is ... years and ... months. If the | ||||||
23 | defendant,
because of his or her own misconduct or failure to | ||||||
24 | comply with the
institutional regulations receives lesser | ||||||
25 | credit, the actual time served in
prison will be longer."
| ||||||
26 | When a sentence of imprisonment is imposed for first degree |
| |||||||
| |||||||
1 | murder and
the offense was committed on or after June 19, 1998, | ||||||
2 | the judge's statement,
to be given after pronouncing the | ||||||
3 | sentence, shall include the following:
| ||||||
4 | "The purpose of this statement is to inform the public of | ||||||
5 | the actual period
of time this defendant is likely to spend in | ||||||
6 | prison as a result of this
sentence. The actual period of | ||||||
7 | prison time served is determined by the
statutes of Illinois as | ||||||
8 | applied to this sentence by the Illinois Department
of | ||||||
9 | Corrections and the Illinois Prisoner Review Board. In this | ||||||
10 | case, the
defendant is not entitled to good conduct credit. | ||||||
11 | Therefore, this defendant
will serve 100% of his or her | ||||||
12 | sentence."
| ||||||
13 | When the sentencing order recommends placement in a | ||||||
14 | substance abuse program for any offense that results in | ||||||
15 | incarceration
in a Department of Corrections facility and the | ||||||
16 | crime was
committed on or after September 1, 2003 (the | ||||||
17 | effective date of Public Act
93-354), the judge's
statement, in | ||||||
18 | addition to any other judge's statement required under this
| ||||||
19 | Section, to be given after pronouncing the sentence, shall | ||||||
20 | include the
following:
| ||||||
21 | "The purpose of this statement is to inform the public of
| ||||||
22 | the actual period of time this defendant is likely to spend in
| ||||||
23 | prison as a result of this sentence. The actual period of
| ||||||
24 | prison time served is determined by the statutes of Illinois as
| ||||||
25 | applied to this sentence by the Illinois Department of
| ||||||
26 | Corrections and the Illinois Prisoner Review Board. In this
|
| |||||||
| |||||||
1 | case, the defendant shall receive no good conduct credit under | ||||||
2 | clause (3) of subsection (a) of Section 3-6-3 until he or
she | ||||||
3 | participates in and completes a substance abuse treatment | ||||||
4 | program or receives a waiver from the Director of Corrections | ||||||
5 | pursuant to clause (4.5) of subsection (a) of Section 3-6-3."
| ||||||
6 | (d) When the defendant is committed to the Department of
| ||||||
7 | Corrections, the State's Attorney shall and counsel for the | ||||||
8 | defendant
may file a statement with the clerk of the court to | ||||||
9 | be transmitted to
the department, agency or institution to | ||||||
10 | which the defendant is
committed to furnish such department, | ||||||
11 | agency or institution with the
facts and circumstances of the | ||||||
12 | offense for which the person was
committed together with all | ||||||
13 | other factual information accessible to them
in regard to the | ||||||
14 | person prior to his commitment relative to his habits,
| ||||||
15 | associates, disposition and reputation and any other facts and
| ||||||
16 | circumstances which may aid such department, agency or | ||||||
17 | institution
during its custody of such person. The clerk shall | ||||||
18 | within 10 days after
receiving any such statements transmit a | ||||||
19 | copy to such department, agency
or institution and a copy to | ||||||
20 | the other party, provided, however, that
this shall not be | ||||||
21 | cause for delay in conveying the person to the
department, | ||||||
22 | agency or institution to which he has been committed.
| ||||||
23 | (e) The clerk of the court shall transmit to the | ||||||
24 | department,
agency or institution, if any, to which the | ||||||
25 | defendant is committed, the
following:
| ||||||
26 | (1) the sentence imposed;
|
| |||||||
| |||||||
1 | (2) any statement by the court of the basis for | ||||||
2 | imposing the sentence;
| ||||||
3 | (3) any presentence reports;
| ||||||
4 | (3.5) any sex offender evaluations;
| ||||||
5 | (3.6) any substance abuse treatment eligibility | ||||||
6 | screening and assessment of the defendant by an agent | ||||||
7 | designated by the State of Illinois to provide assessment | ||||||
8 | services for the Illinois courts;
| ||||||
9 | (4) the number of days, if any, which the defendant has | ||||||
10 | been in
custody and for which he is entitled to credit | ||||||
11 | against the sentence,
which information shall be provided | ||||||
12 | to the clerk by the sheriff;
| ||||||
13 | (4.1) any finding of great bodily harm made by the | ||||||
14 | court with respect
to an offense enumerated in subsection | ||||||
15 | (c-1);
| ||||||
16 | (5) all statements filed under subsection (d) of this | ||||||
17 | Section;
| ||||||
18 | (6) any medical or mental health records or summaries | ||||||
19 | of the defendant;
| ||||||
20 | (7) the municipality where the arrest of the offender | ||||||
21 | or the commission
of the offense has occurred, where such | ||||||
22 | municipality has a population of
more than 25,000 persons;
| ||||||
23 | (8) all statements made and evidence offered under | ||||||
24 | paragraph (7) of
subsection (a) of this Section; and
| ||||||
25 | (9) all additional matters which the court directs the | ||||||
26 | clerk to
transmit.
|
| |||||||
| |||||||
1 | (Source: P.A. 94-156, eff. 7-8-05; 94-556, eff. 9-11-05; | ||||||
2 | 95-331, eff. 8-21-07.)
| ||||||
3 | (730 ILCS 5/5-4-3) (from Ch. 38, par. 1005-4-3)
| ||||||
4 | Sec. 5-4-3. Persons convicted of, or found delinquent for, | ||||||
5 | certain
offenses or institutionalized as sexually dangerous; | ||||||
6 | specimens;
genetic marker groups. | ||||||
7 | (a) Any person convicted of, found guilty under the | ||||||
8 | Juvenile Court Act of
1987 for, or who received a disposition | ||||||
9 | of court supervision for, a qualifying
offense or attempt of a | ||||||
10 | qualifying offense, convicted or found guilty of any
offense | ||||||
11 | classified as a felony under Illinois law, convicted or found | ||||||
12 | guilty of any offense requiring registration under the Sex | ||||||
13 | Offender Registration Act, found guilty or given
supervision | ||||||
14 | for any offense classified as a felony under the Juvenile Court | ||||||
15 | Act
of 1987, convicted or found guilty of, under the Juvenile | ||||||
16 | Court Act of 1987, any offense requiring registration under the | ||||||
17 | Sex Offender Registration Act, or institutionalized as a | ||||||
18 | sexually dangerous person under the Sexually
Dangerous Persons | ||||||
19 | Act, or committed as a sexually violent person under the
| ||||||
20 | Sexually Violent Persons Commitment Act shall, regardless of | ||||||
21 | the sentence or
disposition imposed, be required to submit | ||||||
22 | specimens of blood, saliva, or
tissue to the Illinois | ||||||
23 | Department of State Police in accordance with the
provisions of | ||||||
24 | this Section, provided such person is:
| ||||||
25 | (1) convicted of a qualifying offense or attempt of a |
| |||||||
| |||||||
1 | qualifying offense
on or after July 1, 1990 and sentenced | ||||||
2 | to a term of imprisonment, periodic imprisonment, fine,
| ||||||
3 | probation, conditional discharge or any other form of | ||||||
4 | sentence, or given a
disposition of court supervision for | ||||||
5 | the offense;
| ||||||
6 | (1.5) found guilty or given supervision under the | ||||||
7 | Juvenile Court Act of
1987 for a qualifying offense or | ||||||
8 | attempt of a qualifying offense on or after
January 1, | ||||||
9 | 1997;
| ||||||
10 | (2) ordered institutionalized as a sexually dangerous | ||||||
11 | person on or after
July 1, 1990;
| ||||||
12 | (3) convicted of a qualifying offense or attempt of a | ||||||
13 | qualifying offense
before July 1, 1990
and is presently | ||||||
14 | confined as a result of such conviction in any State
| ||||||
15 | correctional facility or county jail or is presently | ||||||
16 | serving a sentence of
probation, conditional discharge or | ||||||
17 | periodic imprisonment as a result of such
conviction;
| ||||||
18 | (3.5) convicted or found guilty of any offense | ||||||
19 | classified as a felony
under Illinois law or found guilty | ||||||
20 | or given supervision for such an offense
under the Juvenile | ||||||
21 | Court Act of 1987 on or after August 22, 2002;
| ||||||
22 | (4) presently institutionalized as a sexually | ||||||
23 | dangerous person or
presently institutionalized as a | ||||||
24 | person found guilty but mentally ill of a
sexual offense or | ||||||
25 | attempt to commit a sexual offense;
| ||||||
26 | (4.5) ordered committed as a sexually violent person on |
| |||||||
| |||||||
1 | or after the
effective date of the Sexually Violent Persons | ||||||
2 | Commitment Act; or
| ||||||
3 | (5) seeking transfer to or residency in Illinois under | ||||||
4 | Sections 3-3-11.05
through 3-3-11.5 of the Unified Code of | ||||||
5 | Corrections and the Interstate Compact
for Adult Offender | ||||||
6 | Supervision or the Interstate Agreements on Sexually
| ||||||
7 | Dangerous Persons Act.
| ||||||
8 | Notwithstanding other provisions of this Section, any | ||||||
9 | person incarcerated in
a facility of the Illinois Department of | ||||||
10 | Corrections on or after August 22,
2002 shall be required to | ||||||
11 | submit a specimen of blood, saliva, or tissue
prior to his or | ||||||
12 | her final discharge or release on parole or mandatory
| ||||||
13 | supervised release, as a
condition of his or her parole or | ||||||
14 | mandatory supervised release.
| ||||||
15 | Notwithstanding other provisions of this Section, any | ||||||
16 | person sentenced to life imprisonment in a facility of the | ||||||
17 | Illinois Department of Corrections after the effective date of | ||||||
18 | this amendatory Act of the 94th General Assembly or sentenced | ||||||
19 | to death after the effective date of this amendatory Act of the | ||||||
20 | 94th General Assembly and before the effective date of this | ||||||
21 | amendatory Act of the 96th General Assembly shall be required | ||||||
22 | to provide a specimen of blood, saliva, or tissue within 45 | ||||||
23 | days after sentencing or disposition at a collection site | ||||||
24 | designated by the Illinois Department of State Police. Any | ||||||
25 | person serving a sentence of life imprisonment in a facility of | ||||||
26 | the Illinois Department of Corrections on the effective date of |
| |||||||
| |||||||
1 | this amendatory Act of the 94th General Assembly or any person | ||||||
2 | who is under a sentence of death on the effective date of this | ||||||
3 | amendatory Act of the 94th General Assembly and before the | ||||||
4 | effective date of this amendatory Act of the 96th General | ||||||
5 | Assembly shall be required to provide a specimen of blood, | ||||||
6 | saliva, or tissue upon request at a collection site designated | ||||||
7 | by the Illinois Department of State Police.
| ||||||
8 | (a-5) Any person who was otherwise convicted of or received | ||||||
9 | a disposition
of court supervision for any other offense under | ||||||
10 | the Criminal Code of 1961 or
who was found guilty or given | ||||||
11 | supervision for such a violation under the
Juvenile Court Act | ||||||
12 | of 1987, may, regardless of the sentence imposed, be
required | ||||||
13 | by an order of the court to submit specimens of blood, saliva, | ||||||
14 | or
tissue to the Illinois Department of State Police in | ||||||
15 | accordance with the
provisions of this Section.
| ||||||
16 | (b) Any person required by paragraphs (a)(1), (a)(1.5), | ||||||
17 | (a)(2), (a)(3.5),
and (a-5) to provide specimens of blood, | ||||||
18 | saliva, or tissue shall provide
specimens of blood, saliva, or | ||||||
19 | tissue within 45 days after sentencing or
disposition at a | ||||||
20 | collection site designated by the Illinois Department of
State | ||||||
21 | Police.
| ||||||
22 | (c) Any person required by paragraphs (a)(3), (a)(4), and | ||||||
23 | (a)(4.5) to
provide specimens of blood, saliva, or tissue shall | ||||||
24 | be required to provide
such samples prior to final discharge, | ||||||
25 | parole, or release at a collection
site designated by the | ||||||
26 | Illinois Department of State Police.
|
| |||||||
| |||||||
1 | (c-5) Any person required by paragraph (a)(5) to provide | ||||||
2 | specimens of
blood, saliva, or tissue shall, where feasible, be | ||||||
3 | required to provide the
specimens before being accepted for | ||||||
4 | conditioned residency in Illinois under
the interstate compact | ||||||
5 | or agreement, but no later than 45 days after arrival
in this | ||||||
6 | State.
| ||||||
7 | (c-6) The Illinois Department of State Police may determine | ||||||
8 | which type of
specimen or specimens, blood, saliva, or tissue, | ||||||
9 | is acceptable for submission
to the Division of Forensic | ||||||
10 | Services for analysis.
| ||||||
11 | (d) The Illinois Department of State Police shall provide | ||||||
12 | all equipment
and instructions necessary for the collection of | ||||||
13 | blood samples.
The collection of samples shall be performed in | ||||||
14 | a medically approved
manner. Only a physician authorized to | ||||||
15 | practice medicine, a registered
nurse or other qualified person | ||||||
16 | trained in venipuncture may withdraw blood
for the purposes of | ||||||
17 | this Act. The samples
shall thereafter be forwarded to the | ||||||
18 | Illinois Department of State Police,
Division of Forensic | ||||||
19 | Services, for analysis and
categorizing into genetic marker | ||||||
20 | groupings.
| ||||||
21 | (d-1) The Illinois Department of State Police shall provide | ||||||
22 | all equipment
and instructions necessary for the collection of | ||||||
23 | saliva samples. The
collection of saliva samples shall be | ||||||
24 | performed in a medically approved manner.
Only a person trained | ||||||
25 | in the instructions promulgated by the Illinois State
Police on | ||||||
26 | collecting saliva may collect saliva for the purposes of this
|
| |||||||
| |||||||
1 | Section. The samples shall thereafter be forwarded to the | ||||||
2 | Illinois Department
of State Police, Division of Forensic | ||||||
3 | Services, for analysis and categorizing
into genetic marker | ||||||
4 | groupings.
| ||||||
5 | (d-2) The Illinois Department of State Police shall provide | ||||||
6 | all equipment
and instructions necessary for the collection of | ||||||
7 | tissue samples. The
collection of tissue samples shall be | ||||||
8 | performed in a medically approved
manner. Only a person trained | ||||||
9 | in the instructions promulgated by the Illinois
State Police on | ||||||
10 | collecting tissue may collect tissue for the purposes of this
| ||||||
11 | Section. The samples shall thereafter be forwarded to the | ||||||
12 | Illinois Department
of State Police, Division of Forensic | ||||||
13 | Services, for analysis and categorizing
into genetic marker | ||||||
14 | groupings.
| ||||||
15 | (d-5) To the extent that funds are available, the Illinois | ||||||
16 | Department of
State Police shall contract with qualified | ||||||
17 | personnel and certified laboratories
for the collection, | ||||||
18 | analysis, and categorization of known samples.
| ||||||
19 | (d-6) Agencies designated by the Illinois Department of | ||||||
20 | State Police and
the Illinois Department of State Police may | ||||||
21 | contract with third parties to
provide for the collection or | ||||||
22 | analysis of DNA, or both, of an offender's blood,
saliva, and | ||||||
23 | tissue samples.
| ||||||
24 | (e) The genetic marker groupings shall be maintained by the | ||||||
25 | Illinois
Department of State Police, Division of Forensic | ||||||
26 | Services.
|
| |||||||
| |||||||
1 | (f) The genetic marker grouping analysis information | ||||||
2 | obtained pursuant
to this Act shall be confidential and shall | ||||||
3 | be released only to peace
officers of the United States, of | ||||||
4 | other states or territories, of the
insular possessions of the | ||||||
5 | United States, of foreign countries duly
authorized to receive | ||||||
6 | the same, to all peace officers of the State of
Illinois and to | ||||||
7 | all prosecutorial agencies, and to defense counsel as
provided | ||||||
8 | by Section 116-5 of the Code of Criminal Procedure of 1963.
The | ||||||
9 | genetic marker grouping analysis information obtained pursuant | ||||||
10 | to
this Act shall be used only for (i) valid law enforcement | ||||||
11 | identification
purposes and as required by the Federal Bureau | ||||||
12 | of Investigation for
participation in the National DNA | ||||||
13 | database, (ii) technology
validation
purposes, (iii) a | ||||||
14 | population statistics database, (iv) quality
assurance
| ||||||
15 | purposes if personally identifying information is removed,
(v) | ||||||
16 | assisting in the defense of the criminally accused pursuant
to
| ||||||
17 | Section 116-5 of the Code of Criminal Procedure of 1963, or | ||||||
18 | (vi) identifying and assisting in the prosecution of a person | ||||||
19 | who is suspected of committing a sexual assault as defined in | ||||||
20 | Section 1a of the Sexual Assault Survivors Emergency Treatment | ||||||
21 | Act. Notwithstanding
any other statutory provision to the | ||||||
22 | contrary,
all information obtained under this Section shall be | ||||||
23 | maintained in a single
State data base, which may be uploaded | ||||||
24 | into a national database, and which
information may be subject | ||||||
25 | to expungement only as set forth in subsection
(f-1).
| ||||||
26 | (f-1) Upon receipt of notification of a reversal of a |
| |||||||
| |||||||
1 | conviction based on
actual innocence, or of the granting of a | ||||||
2 | pardon pursuant to Section 12 of
Article V of the Illinois | ||||||
3 | Constitution, if that pardon document specifically
states that | ||||||
4 | the reason for the pardon is the actual innocence of an | ||||||
5 | individual
whose DNA record has been stored in the State or | ||||||
6 | national DNA identification
index in accordance with this | ||||||
7 | Section by the Illinois Department of State
Police, the DNA | ||||||
8 | record shall be expunged from the DNA identification index, and
| ||||||
9 | the Department shall by rule prescribe procedures to ensure | ||||||
10 | that the record and
any samples, analyses, or other documents | ||||||
11 | relating to such record, whether in
the possession of the | ||||||
12 | Department or any law enforcement or police agency, or
any | ||||||
13 | forensic DNA laboratory, including any duplicates or copies | ||||||
14 | thereof, are
destroyed and a letter is sent to the court | ||||||
15 | verifying the expungement is
completed.
| ||||||
16 | (f-5) Any person who intentionally uses genetic marker | ||||||
17 | grouping analysis
information, or any other information | ||||||
18 | derived from a DNA sample, beyond the
authorized uses as | ||||||
19 | provided under this Section, or any other Illinois law, is
| ||||||
20 | guilty of a Class 4 felony, and shall be subject to a fine of | ||||||
21 | not less than
$5,000.
| ||||||
22 | (f-6) The Illinois Department of State Police may contract | ||||||
23 | with third
parties for the purposes of implementing this | ||||||
24 | amendatory Act of the 93rd
General Assembly. Any other party | ||||||
25 | contracting to carry out the functions of
this Section shall be | ||||||
26 | subject to the same restrictions and requirements of this
|
| |||||||
| |||||||
1 | Section insofar as applicable, as the Illinois Department of | ||||||
2 | State Police, and
to any additional restrictions imposed by the | ||||||
3 | Illinois Department of State
Police.
| ||||||
4 | (g) For the purposes of this Section, "qualifying offense" | ||||||
5 | means any of
the following:
| ||||||
6 | (1) any violation or inchoate violation of Section | ||||||
7 | 11-6, 11-9.1, 11-11,
11-18.1, 12-15, or 12-16 of the | ||||||
8 | Criminal Code of 1961;
| ||||||
9 | (1.1) any violation or inchoate violation of Section | ||||||
10 | 9-1, 9-2, 10-1,
10-2, 12-11, 12-11.1, 18-1, 18-2, 18-3, | ||||||
11 | 18-4, 19-1, or 19-2 of the Criminal
Code of 1961 for which | ||||||
12 | persons are convicted on or after July 1, 2001;
| ||||||
13 | (2) any former statute of this State which defined a | ||||||
14 | felony sexual
offense;
| ||||||
15 | (3) (blank);
| ||||||
16 | (4) any inchoate violation of Section 9-3.1, 11-9.3, | ||||||
17 | 12-7.3, or 12-7.4 of
the Criminal Code of 1961; or
| ||||||
18 | (5) any violation or inchoate violation of Article 29D | ||||||
19 | of the Criminal
Code of 1961.
| ||||||
20 | (g-5) (Blank).
| ||||||
21 | (h) The Illinois Department of State Police shall be the | ||||||
22 | State central
repository for all genetic marker grouping | ||||||
23 | analysis information obtained
pursuant to this Act. The | ||||||
24 | Illinois Department of State Police may
promulgate rules for | ||||||
25 | the form and manner of the collection of blood, saliva,
or | ||||||
26 | tissue samples and other procedures for the operation of this |
| |||||||
| |||||||
1 | Act. The
provisions of the Administrative Review Law shall | ||||||
2 | apply to all actions taken
under the rules so promulgated.
| ||||||
3 | (i) (1) A person required to provide a blood, saliva, or | ||||||
4 | tissue specimen
shall
cooperate with the collection of the | ||||||
5 | specimen and any deliberate act by
that person intended to | ||||||
6 | impede, delay or stop the collection of the blood,
saliva, | ||||||
7 | or tissue specimen is a Class A misdemeanor.
| ||||||
8 | (2) In the event that a person's DNA sample is not | ||||||
9 | adequate for any
reason, the person shall provide another | ||||||
10 | DNA sample for analysis. Duly
authorized law
enforcement | ||||||
11 | and corrections personnel may employ reasonable force in | ||||||
12 | cases in
which an individual refuses to provide a DNA | ||||||
13 | sample required under this
Act.
| ||||||
14 | (j) Any person required by subsection (a) to submit | ||||||
15 | specimens of blood,
saliva, or tissue to
the Illinois | ||||||
16 | Department of State Police for analysis and categorization into
| ||||||
17 | genetic marker grouping, in addition to any other disposition, | ||||||
18 | penalty, or
fine imposed, shall pay an analysis fee of $200. If | ||||||
19 | the analysis fee is not
paid at the time of sentencing, the | ||||||
20 | court shall establish a fee schedule by
which the entire amount | ||||||
21 | of the analysis fee shall be paid in full, such
schedule not to | ||||||
22 | exceed 24 months from the time of conviction. The inability to
| ||||||
23 | pay this analysis fee shall not be the sole ground to | ||||||
24 | incarcerate the person.
| ||||||
25 | (k) All analysis and categorization fees provided for by | ||||||
26 | subsection (j)
shall be regulated as follows:
|
| |||||||
| |||||||
1 | (1) The State Offender DNA Identification System Fund | ||||||
2 | is hereby created as
a special fund in the State Treasury.
| ||||||
3 | (2) All fees shall be collected by the clerk of the | ||||||
4 | court and forwarded to
the State Offender DNA | ||||||
5 | Identification System Fund for deposit. The
clerk of the | ||||||
6 | circuit court may retain the amount of $10 from each | ||||||
7 | collected
analysis fee to offset administrative costs | ||||||
8 | incurred in carrying out the
clerk's responsibilities | ||||||
9 | under this Section.
| ||||||
10 | (3) Fees deposited into the State Offender DNA | ||||||
11 | Identification System Fund
shall be used by Illinois State | ||||||
12 | Police crime laboratories as designated by the
Director of | ||||||
13 | State Police. These funds shall be in addition to any | ||||||
14 | allocations
made pursuant to existing laws and shall be | ||||||
15 | designated for the exclusive use of
State crime | ||||||
16 | laboratories. These uses may include, but are not limited | ||||||
17 | to, the
following:
| ||||||
18 | (A) Costs incurred in providing analysis and | ||||||
19 | genetic marker
categorization as required by | ||||||
20 | subsection (d).
| ||||||
21 | (B) Costs incurred in maintaining genetic marker | ||||||
22 | groupings as required
by subsection (e).
| ||||||
23 | (C) Costs incurred in the purchase and maintenance | ||||||
24 | of equipment for use
in performing analyses.
| ||||||
25 | (D) Costs incurred in continuing research and | ||||||
26 | development of new
techniques for analysis and genetic |
| |||||||
| |||||||
1 | marker categorization.
| ||||||
2 | (E) Costs incurred in continuing education, | ||||||
3 | training, and professional
development of forensic | ||||||
4 | scientists regularly employed by these laboratories.
| ||||||
5 | (l) The failure of a person to provide a specimen, or of | ||||||
6 | any person or
agency to collect a specimen, within the 45 day | ||||||
7 | period shall in no way alter
the obligation of the person to | ||||||
8 | submit such specimen, or the authority of the
Illinois | ||||||
9 | Department of State Police or persons designated by the | ||||||
10 | Department to
collect the specimen, or the authority of the | ||||||
11 | Illinois Department of State
Police to accept, analyze and | ||||||
12 | maintain the specimen or to maintain or upload
results of | ||||||
13 | genetic marker grouping analysis information into a State or
| ||||||
14 | national database.
| ||||||
15 | (m) If any provision of this amendatory Act of the 93rd | ||||||
16 | General Assembly
is
held unconstitutional or otherwise | ||||||
17 | invalid, the remainder of this amendatory
Act
of the 93rd | ||||||
18 | General Assembly is not affected.
| ||||||
19 | (Source: P.A. 93-216, eff. 1-1-04; 93-605, eff. 11-19-03; | ||||||
20 | 93-781, eff. 1-1-05; 94-16, eff. 6-13-05; 94-1018, eff. | ||||||
21 | 1-1-07.)
| ||||||
22 | (730 ILCS 5/5-5-3) (from Ch. 38, par. 1005-5-3)
| ||||||
23 | Sec. 5-5-3. Disposition.
| ||||||
24 | (a) Except as provided in Section 11-501 of the Illinois | ||||||
25 | Vehicle Code, every person convicted of an offense shall be |
| |||||||
| |||||||
1 | sentenced as provided
in this Section.
| ||||||
2 | (b) The following options shall be appropriate | ||||||
3 | dispositions, alone
or in combination, for all felonies and | ||||||
4 | misdemeanors other than those
identified in subsection (c) of | ||||||
5 | this Section:
| ||||||
6 | (1) A period of probation.
| ||||||
7 | (2) A term of periodic imprisonment.
| ||||||
8 | (3) A term of conditional discharge.
| ||||||
9 | (4) A term of imprisonment.
| ||||||
10 | (5) An order directing the offender to clean up and | ||||||
11 | repair the
damage, if the offender was convicted under | ||||||
12 | paragraph (h) of Section
21-1 of the Criminal Code of 1961 | ||||||
13 | (now repealed).
| ||||||
14 | (6) A fine.
| ||||||
15 | (7) An order directing the offender to make restitution | ||||||
16 | to the
victim under Section 5-5-6 of this Code.
| ||||||
17 | (8) A sentence of participation in a county impact | ||||||
18 | incarceration
program under Section 5-8-1.2 of this Code. | ||||||
19 | (9) A term of imprisonment in combination with a term | ||||||
20 | of probation when the offender has been admitted into a | ||||||
21 | drug court program under Section 20 of the Drug Court | ||||||
22 | Treatment Act.
| ||||||
23 | Neither a fine nor restitution shall be the sole | ||||||
24 | disposition
for a felony and either or both may be imposed only | ||||||
25 | in conjunction with
another disposition.
| ||||||
26 | (c) (1) When a defendant is found guilty of first degree |
| |||||||
| |||||||
1 | murder the defendant shall be sentenced to a term of
State | ||||||
2 | may either seek a sentence of imprisonment under Section | ||||||
3 | 5-8-1 of
this Code , or where appropriate seek a sentence of | ||||||
4 | death under Section 9-1
of the Criminal Code of 1961 .
| ||||||
5 | (2) A period of probation, a term of periodic | ||||||
6 | imprisonment or
conditional discharge shall not be imposed | ||||||
7 | for the following offenses.
The court shall sentence the | ||||||
8 | offender to not less than the minimum term
of imprisonment | ||||||
9 | set forth in this Code for the following offenses, and
may | ||||||
10 | order a fine or restitution or both in conjunction with | ||||||
11 | such term of
imprisonment:
| ||||||
12 | (A) First degree murder where the death penalty is | ||||||
13 | not imposed .
| ||||||
14 | (B) Attempted first degree murder.
| ||||||
15 | (C) A Class X felony.
| ||||||
16 | (D) A violation of Section 401.1 or 407 of the
| ||||||
17 | Illinois Controlled Substances Act, or a violation of | ||||||
18 | subdivision (c)(1), (c)(1.5), or
(c)(2) of
Section 401 | ||||||
19 | of that Act which relates to more than 5 grams of a | ||||||
20 | substance
containing heroin, cocaine, fentanyl, or an | ||||||
21 | analog thereof.
| ||||||
22 | (E) A violation of Section 5.1 or 9 of the Cannabis | ||||||
23 | Control
Act.
| ||||||
24 | (F) A Class 2 or greater felony if the offender had | ||||||
25 | been convicted
of a Class 2 or greater felony within 10 | ||||||
26 | years of the date on which the
offender
committed the |
| |||||||
| |||||||
1 | offense for which he or she is being sentenced, except | ||||||
2 | as
otherwise provided in Section 40-10 of the | ||||||
3 | Alcoholism and Other Drug Abuse and
Dependency Act.
| ||||||
4 | (F-5) A violation of Section 24-1, 24-1.1, or | ||||||
5 | 24-1.6 of the Criminal Code of 1961 for which | ||||||
6 | imprisonment is prescribed in those Sections.
| ||||||
7 | (G) Residential burglary, except as otherwise | ||||||
8 | provided in Section 40-10
of the Alcoholism and Other | ||||||
9 | Drug Abuse and Dependency Act.
| ||||||
10 | (H) Criminal sexual assault.
| ||||||
11 | (I) Aggravated battery of a senior citizen.
| ||||||
12 | (J) A forcible felony if the offense was related to | ||||||
13 | the activities of an
organized gang.
| ||||||
14 | Before July 1, 1994, for the purposes of this | ||||||
15 | paragraph, "organized
gang" means an association of 5 | ||||||
16 | or more persons, with an established hierarchy,
that | ||||||
17 | encourages members of the association to perpetrate | ||||||
18 | crimes or provides
support to the members of the | ||||||
19 | association who do commit crimes.
| ||||||
20 | Beginning July 1, 1994, for the purposes of this | ||||||
21 | paragraph,
"organized gang" has the meaning ascribed | ||||||
22 | to it in Section 10 of the Illinois
Streetgang | ||||||
23 | Terrorism Omnibus Prevention Act.
| ||||||
24 | (K) Vehicular hijacking.
| ||||||
25 | (L) A second or subsequent conviction for the | ||||||
26 | offense of hate crime
when the underlying offense upon |
| |||||||
| |||||||
1 | which the hate crime is based is felony
aggravated
| ||||||
2 | assault or felony mob action.
| ||||||
3 | (M) A second or subsequent conviction for the | ||||||
4 | offense of institutional
vandalism if the damage to the | ||||||
5 | property exceeds $300.
| ||||||
6 | (N) A Class 3 felony violation of paragraph (1) of | ||||||
7 | subsection (a) of
Section 2 of the Firearm Owners | ||||||
8 | Identification Card Act.
| ||||||
9 | (O) A violation of Section 12-6.1 of the Criminal | ||||||
10 | Code of 1961.
| ||||||
11 | (P) A violation of paragraph (1), (2), (3), (4), | ||||||
12 | (5), or (7) of
subsection (a)
of Section 11-20.1 of the | ||||||
13 | Criminal Code of 1961.
| ||||||
14 | (Q) A violation of Section 20-1.2 or 20-1.3 of the | ||||||
15 | Criminal Code of
1961.
| ||||||
16 | (R) A violation of Section 24-3A of the Criminal | ||||||
17 | Code of
1961.
| ||||||
18 | (S) (Blank).
| ||||||
19 | (T) A second or subsequent violation of the | ||||||
20 | Methamphetamine Control and Community Protection Act.
| ||||||
21 | (U) A second or subsequent violation of Section | ||||||
22 | 6-303 of the Illinois Vehicle Code committed while his | ||||||
23 | or her driver's license, permit, or privilege was | ||||||
24 | revoked because of a violation of Section 9-3 of the | ||||||
25 | Criminal Code of 1961, relating to the offense of | ||||||
26 | reckless homicide, or a similar provision of a law of |
| |||||||
| |||||||
1 | another state.
| ||||||
2 | (V)
A violation of paragraph (4) of subsection (c) | ||||||
3 | of Section 11-20.3 of the Criminal Code of 1961. | ||||||
4 | (W) A violation of Section 24-3.5 of the Criminal | ||||||
5 | Code of 1961.
| ||||||
6 | (3) (Blank).
| ||||||
7 | (4) A minimum term of imprisonment of not less than 10
| ||||||
8 | consecutive days or 30 days of community service shall be | ||||||
9 | imposed for a
violation of paragraph (c) of Section 6-303 | ||||||
10 | of the Illinois Vehicle Code.
| ||||||
11 | (4.1) (Blank).
| ||||||
12 | (4.2) Except as provided in paragraphs (4.3) and (4.8) | ||||||
13 | of this subsection (c), a
minimum of
100 hours of community | ||||||
14 | service shall be imposed for a second violation of
Section | ||||||
15 | 6-303
of the Illinois Vehicle Code.
| ||||||
16 | (4.3) A minimum term of imprisonment of 30 days or 300 | ||||||
17 | hours of community
service, as determined by the court, | ||||||
18 | shall
be imposed for a second violation of subsection (c) | ||||||
19 | of Section 6-303 of the
Illinois Vehicle Code.
| ||||||
20 | (4.4) Except as provided in paragraphs
(4.5), (4.6), | ||||||
21 | and (4.9) of this
subsection (c), a
minimum term of | ||||||
22 | imprisonment of 30 days or 300 hours of community service, | ||||||
23 | as
determined by the court, shall
be imposed
for a third or | ||||||
24 | subsequent violation of Section 6-303 of the Illinois | ||||||
25 | Vehicle
Code.
| ||||||
26 | (4.5) A minimum term of imprisonment of 30 days
shall |
| |||||||
| |||||||
1 | be imposed for a third violation of subsection (c) of
| ||||||
2 | Section 6-303 of the Illinois Vehicle Code.
| ||||||
3 | (4.6) Except as provided in paragraph (4.10) of this | ||||||
4 | subsection (c), a minimum term of imprisonment of 180 days | ||||||
5 | shall be imposed for a
fourth or subsequent violation of | ||||||
6 | subsection (c) of Section 6-303 of the
Illinois Vehicle | ||||||
7 | Code.
| ||||||
8 | (4.7) A minimum term of imprisonment of not less than | ||||||
9 | 30 consecutive days, or 300 hours of community service, | ||||||
10 | shall be imposed for a violation of subsection (a-5) of | ||||||
11 | Section 6-303 of the Illinois Vehicle Code, as provided in | ||||||
12 | subsection (b-5) of that Section.
| ||||||
13 | (4.8) A mandatory prison sentence shall be imposed for | ||||||
14 | a second violation of subsection (a-5) of Section 6-303 of | ||||||
15 | the Illinois Vehicle Code, as provided in subsection (c-5) | ||||||
16 | of that Section. The person's driving privileges shall be | ||||||
17 | revoked for a period of not less than 5 years from the date | ||||||
18 | of his or her release from prison.
| ||||||
19 | (4.9) A mandatory prison sentence of not less than 4 | ||||||
20 | and not more than 15 years shall be imposed for a third | ||||||
21 | violation of subsection (a-5) of Section 6-303 of the | ||||||
22 | Illinois Vehicle Code, as provided in subsection (d-2.5) of | ||||||
23 | that Section. The person's driving privileges shall be | ||||||
24 | revoked for the remainder of his or her life.
| ||||||
25 | (4.10) A mandatory prison sentence for a Class 1 felony | ||||||
26 | shall be imposed, and the person shall be eligible for an |
| |||||||
| |||||||
1 | extended term sentence, for a fourth or subsequent | ||||||
2 | violation of subsection (a-5) of Section 6-303 of the | ||||||
3 | Illinois Vehicle Code, as provided in subsection (d-3.5) of | ||||||
4 | that Section. The person's driving privileges shall be | ||||||
5 | revoked for the remainder of his or her life.
| ||||||
6 | (5) The court may sentence an offender convicted of a | ||||||
7 | business
offense or a petty offense or a corporation or | ||||||
8 | unincorporated
association convicted of any offense to:
| ||||||
9 | (A) a period of conditional discharge;
| ||||||
10 | (B) a fine;
| ||||||
11 | (C) make restitution to the victim under Section | ||||||
12 | 5-5-6 of this Code.
| ||||||
13 | (5.1) In addition to any penalties imposed under | ||||||
14 | paragraph (5) of this
subsection (c), and except as | ||||||
15 | provided in paragraph (5.2) or (5.3), a person
convicted of | ||||||
16 | violating subsection (c) of Section 11-907 of the Illinois
| ||||||
17 | Vehicle Code shall have his or her driver's license, | ||||||
18 | permit, or privileges
suspended for at least 90 days but | ||||||
19 | not more than one year, if the violation
resulted in damage | ||||||
20 | to the property of another person.
| ||||||
21 | (5.2) In addition to any penalties imposed under | ||||||
22 | paragraph (5) of this
subsection (c), and except as | ||||||
23 | provided in paragraph (5.3), a person convicted
of | ||||||
24 | violating subsection (c) of Section 11-907 of the Illinois | ||||||
25 | Vehicle Code
shall have his or her driver's license, | ||||||
26 | permit, or privileges suspended for at
least 180 days but |
| |||||||
| |||||||
1 | not more than 2 years, if the violation resulted in injury
| ||||||
2 | to
another person.
| ||||||
3 | (5.3) In addition to any penalties imposed under | ||||||
4 | paragraph (5) of
this
subsection (c), a person convicted of | ||||||
5 | violating subsection (c) of Section
11-907 of the Illinois | ||||||
6 | Vehicle Code shall have his or her driver's license,
| ||||||
7 | permit, or privileges suspended for 2 years, if the | ||||||
8 | violation resulted in the
death of another person.
| ||||||
9 | (5.4) In addition to any penalties imposed under | ||||||
10 | paragraph (5) of this subsection (c), a person convicted of | ||||||
11 | violating Section 3-707 of the Illinois Vehicle Code shall | ||||||
12 | have his or her driver's license, permit, or privileges | ||||||
13 | suspended for 3 months and until he or she has paid a | ||||||
14 | reinstatement fee of $100. | ||||||
15 | (5.5) In addition to any penalties imposed under | ||||||
16 | paragraph (5) of this subsection (c), a person convicted of | ||||||
17 | violating Section 3-707 of the Illinois Vehicle Code during | ||||||
18 | a period in which his or her driver's license, permit, or | ||||||
19 | privileges were suspended for a previous violation of that | ||||||
20 | Section shall have his or her driver's license, permit, or | ||||||
21 | privileges suspended for an additional 6 months after the | ||||||
22 | expiration of the original 3-month suspension and until he | ||||||
23 | or she has paid a reinstatement fee of $100.
| ||||||
24 | (6) In no case shall an offender be eligible for a | ||||||
25 | disposition of
probation or conditional discharge for a | ||||||
26 | Class 1 felony committed while
he was serving a term of |
| |||||||
| |||||||
1 | probation or conditional discharge for a felony.
| ||||||
2 | (7) When a defendant is adjudged a habitual criminal | ||||||
3 | under Article
33B of the Criminal Code of 1961, the court | ||||||
4 | shall sentence
the defendant to a term of natural life | ||||||
5 | imprisonment.
| ||||||
6 | (8) When a defendant, over the age of 21 years, is | ||||||
7 | convicted of a
Class 1 or Class 2 felony, after having | ||||||
8 | twice been convicted
in any state or
federal court of an | ||||||
9 | offense that contains the same elements as an offense now
| ||||||
10 | classified in Illinois as a Class 2 or greater Class felony
| ||||||
11 | and such charges are
separately brought and tried and arise | ||||||
12 | out of different series of acts,
such defendant shall be | ||||||
13 | sentenced as a Class X offender. This paragraph
shall not | ||||||
14 | apply unless (1) the first felony was committed after the
| ||||||
15 | effective date of this amendatory Act of 1977; and (2) the | ||||||
16 | second felony
was committed after conviction on the first; | ||||||
17 | and (3) the third felony
was committed after conviction on | ||||||
18 | the second.
A person sentenced as a Class X offender under | ||||||
19 | this paragraph is not
eligible to apply for treatment as a | ||||||
20 | condition of probation as provided by
Section 40-10 of the | ||||||
21 | Alcoholism and Other Drug Abuse and Dependency Act.
| ||||||
22 | (9) A defendant convicted of a second or subsequent | ||||||
23 | offense of ritualized
abuse of a child may be sentenced to | ||||||
24 | a term of natural life imprisonment.
| ||||||
25 | (10) (Blank).
| ||||||
26 | (11) The court shall impose a minimum fine of $1,000 |
| |||||||
| |||||||
1 | for a first offense
and $2,000 for a second or subsequent | ||||||
2 | offense upon a person convicted of or
placed on supervision | ||||||
3 | for battery when the individual harmed was a sports
| ||||||
4 | official or coach at any level of competition and the act | ||||||
5 | causing harm to the
sports
official or coach occurred | ||||||
6 | within an athletic facility or within the immediate | ||||||
7 | vicinity
of the athletic facility at which the sports | ||||||
8 | official or coach was an active
participant
of the athletic | ||||||
9 | contest held at the athletic facility. For the purposes of
| ||||||
10 | this paragraph (11), "sports official" means a person at an | ||||||
11 | athletic contest
who enforces the rules of the contest, | ||||||
12 | such as an umpire or referee; "athletic facility" means an | ||||||
13 | indoor or outdoor playing field or recreational area where | ||||||
14 | sports activities are conducted;
and "coach" means a person | ||||||
15 | recognized as a coach by the sanctioning
authority that | ||||||
16 | conducted the sporting event. | ||||||
17 | (12) A person may not receive a disposition of court | ||||||
18 | supervision for a
violation of Section 5-16 of the Boat | ||||||
19 | Registration and Safety Act if that
person has previously | ||||||
20 | received a disposition of court supervision for a
violation | ||||||
21 | of that Section.
| ||||||
22 | (13) A person convicted of or placed on court | ||||||
23 | supervision for an assault or aggravated assault when the | ||||||
24 | victim and the offender are family or household members as | ||||||
25 | defined in Section 103 of the Illinois Domestic Violence | ||||||
26 | Act of 1986 or convicted of domestic battery or aggravated |
| |||||||
| |||||||
1 | domestic battery may be required to attend a Partner Abuse | ||||||
2 | Intervention Program under protocols set forth by the | ||||||
3 | Illinois Department of Human Services under such terms and | ||||||
4 | conditions imposed by the court. The costs of such classes | ||||||
5 | shall be paid by the offender.
| ||||||
6 | (d) In any case in which a sentence originally imposed is | ||||||
7 | vacated,
the case shall be remanded to the trial court. The | ||||||
8 | trial court shall
hold a hearing under Section 5-4-1 of the | ||||||
9 | Unified Code of Corrections
which may include evidence of the | ||||||
10 | defendant's life, moral character and
occupation during the | ||||||
11 | time since the original sentence was passed. The
trial court | ||||||
12 | shall then impose sentence upon the defendant. The trial
court | ||||||
13 | may impose any sentence which could have been imposed at the
| ||||||
14 | original trial subject to Section 5-5-4 of the Unified Code of | ||||||
15 | Corrections.
If a sentence is vacated on appeal or on | ||||||
16 | collateral attack due to the
failure of the trier of fact at | ||||||
17 | trial to determine beyond a reasonable doubt
the
existence of a | ||||||
18 | fact (other than a prior conviction) necessary to increase the
| ||||||
19 | punishment for the offense beyond the statutory maximum | ||||||
20 | otherwise applicable,
either the defendant may be re-sentenced | ||||||
21 | to a term within the range otherwise
provided or, if the State | ||||||
22 | files notice of its intention to again seek the
extended | ||||||
23 | sentence, the defendant shall be afforded a new trial.
| ||||||
24 | (e) In cases where prosecution for
aggravated criminal | ||||||
25 | sexual abuse under Section 12-16 of the
Criminal Code of 1961 | ||||||
26 | results in conviction of a defendant
who was a family member of |
| |||||||
| |||||||
1 | the victim at the time of the commission of the
offense, the | ||||||
2 | court shall consider the safety and welfare of the victim and
| ||||||
3 | may impose a sentence of probation only where:
| ||||||
4 | (1) the court finds (A) or (B) or both are appropriate:
| ||||||
5 | (A) the defendant is willing to undergo a court | ||||||
6 | approved counseling
program for a minimum duration of 2 | ||||||
7 | years; or
| ||||||
8 | (B) the defendant is willing to participate in a | ||||||
9 | court approved plan
including but not limited to the | ||||||
10 | defendant's:
| ||||||
11 | (i) removal from the household;
| ||||||
12 | (ii) restricted contact with the victim;
| ||||||
13 | (iii) continued financial support of the | ||||||
14 | family;
| ||||||
15 | (iv) restitution for harm done to the victim; | ||||||
16 | and
| ||||||
17 | (v) compliance with any other measures that | ||||||
18 | the court may
deem appropriate; and
| ||||||
19 | (2) the court orders the defendant to pay for the | ||||||
20 | victim's counseling
services, to the extent that the court | ||||||
21 | finds, after considering the
defendant's income and | ||||||
22 | assets, that the defendant is financially capable of
paying | ||||||
23 | for such services, if the victim was under 18 years of age | ||||||
24 | at the
time the offense was committed and requires | ||||||
25 | counseling as a result of the
offense.
| ||||||
26 | Probation may be revoked or modified pursuant to Section |
| |||||||
| |||||||
1 | 5-6-4; except
where the court determines at the hearing that | ||||||
2 | the defendant violated a
condition of his or her probation | ||||||
3 | restricting contact with the victim or
other family members or | ||||||
4 | commits another offense with the victim or other
family | ||||||
5 | members, the court shall revoke the defendant's probation and
| ||||||
6 | impose a term of imprisonment.
| ||||||
7 | For the purposes of this Section, "family member" and | ||||||
8 | "victim" shall have
the meanings ascribed to them in Section | ||||||
9 | 12-12 of the Criminal Code of
1961.
| ||||||
10 | (f) This Article shall not deprive a court in other | ||||||
11 | proceedings to
order a forfeiture of property, to suspend or | ||||||
12 | cancel a license, to
remove a person from office, or to impose | ||||||
13 | any other civil penalty.
| ||||||
14 | (g) Whenever a defendant is convicted of an offense under | ||||||
15 | Sections
11-14, 11-15, 11-15.1, 11-16, 11-17, 11-18, 11-18.1, | ||||||
16 | 11-19, 11-19.1, 11-19.2,
12-13, 12-14, 12-14.1, 12-15 or 12-16 | ||||||
17 | of the Criminal Code of 1961,
the defendant shall undergo | ||||||
18 | medical testing to
determine whether the defendant has any | ||||||
19 | sexually transmissible disease,
including a test for infection | ||||||
20 | with human immunodeficiency virus (HIV) or
any other identified | ||||||
21 | causative agent of acquired immunodeficiency syndrome
(AIDS). | ||||||
22 | Any such medical test shall be performed only by appropriately
| ||||||
23 | licensed medical practitioners and may include an analysis of | ||||||
24 | any bodily
fluids as well as an examination of the defendant's | ||||||
25 | person.
Except as otherwise provided by law, the results of | ||||||
26 | such test shall be kept
strictly confidential by all medical |
| |||||||
| |||||||
1 | personnel involved in the testing and must
be personally | ||||||
2 | delivered in a sealed envelope to the judge of the court in | ||||||
3 | which
the conviction was entered for the judge's inspection in | ||||||
4 | camera. Acting in
accordance with the best interests of the | ||||||
5 | victim and the public, the judge
shall have the discretion to | ||||||
6 | determine to whom, if anyone, the results of the
testing may be | ||||||
7 | revealed. The court shall notify the defendant
of the test | ||||||
8 | results. The court shall
also notify the victim if requested by | ||||||
9 | the victim, and if the victim is under
the age of 15 and if | ||||||
10 | requested by the victim's parents or legal guardian, the
court | ||||||
11 | shall notify the victim's parents or legal guardian of the test
| ||||||
12 | results.
The court shall provide information on the | ||||||
13 | availability of HIV testing
and counseling at Department of | ||||||
14 | Public Health facilities to all parties to
whom the results of | ||||||
15 | the testing are revealed and shall direct the State's
Attorney | ||||||
16 | to provide the information to the victim when possible.
A | ||||||
17 | State's Attorney may petition the court to obtain the results | ||||||
18 | of any HIV test
administered under this Section, and the court | ||||||
19 | shall grant the disclosure if
the State's Attorney shows it is | ||||||
20 | relevant in order to prosecute a charge of
criminal | ||||||
21 | transmission of HIV under Section 12-16.2 of the Criminal Code | ||||||
22 | of 1961
against the defendant. The court shall order that the | ||||||
23 | cost of any such test
shall be paid by the county and may be | ||||||
24 | taxed as costs against the convicted
defendant.
| ||||||
25 | (g-5) When an inmate is tested for an airborne communicable | ||||||
26 | disease, as
determined by the Illinois Department of Public |
| |||||||
| |||||||
1 | Health including but not
limited to tuberculosis, the results | ||||||
2 | of the test shall be
personally delivered by the warden or his | ||||||
3 | or her designee in a sealed envelope
to the judge of the court | ||||||
4 | in which the inmate must appear for the judge's
inspection in | ||||||
5 | camera if requested by the judge. Acting in accordance with the
| ||||||
6 | best interests of those in the courtroom, the judge shall have | ||||||
7 | the discretion
to determine what if any precautions need to be | ||||||
8 | taken to prevent transmission
of the disease in the courtroom.
| ||||||
9 | (h) Whenever a defendant is convicted of an offense under | ||||||
10 | Section 1 or 2
of the Hypodermic Syringes and Needles Act, the | ||||||
11 | defendant shall undergo
medical testing to determine whether | ||||||
12 | the defendant has been exposed to human
immunodeficiency virus | ||||||
13 | (HIV) or any other identified causative agent of
acquired | ||||||
14 | immunodeficiency syndrome (AIDS). Except as otherwise provided | ||||||
15 | by
law, the results of such test shall be kept strictly | ||||||
16 | confidential by all
medical personnel involved in the testing | ||||||
17 | and must be personally delivered in a
sealed envelope to the | ||||||
18 | judge of the court in which the conviction was entered
for the | ||||||
19 | judge's inspection in camera. Acting in accordance with the | ||||||
20 | best
interests of the public, the judge shall have the | ||||||
21 | discretion to determine to
whom, if anyone, the results of the | ||||||
22 | testing may be revealed. The court shall
notify the defendant | ||||||
23 | of a positive test showing an infection with the human
| ||||||
24 | immunodeficiency virus (HIV). The court shall provide | ||||||
25 | information on the
availability of HIV testing and counseling | ||||||
26 | at Department of Public Health
facilities to all parties to |
| |||||||
| |||||||
1 | whom the results of the testing are revealed and
shall direct | ||||||
2 | the State's Attorney to provide the information to the victim | ||||||
3 | when
possible. A State's Attorney may petition the court to | ||||||
4 | obtain the results of
any HIV test administered under this | ||||||
5 | Section, and the court shall grant the
disclosure if the | ||||||
6 | State's Attorney shows it is relevant in order to prosecute a
| ||||||
7 | charge of criminal transmission of HIV under Section 12-16.2 of | ||||||
8 | the Criminal
Code of 1961 against the defendant. The court | ||||||
9 | shall order that the cost of any
such test shall be paid by the | ||||||
10 | county and may be taxed as costs against the
convicted | ||||||
11 | defendant.
| ||||||
12 | (i) All fines and penalties imposed under this Section for | ||||||
13 | any violation
of Chapters 3, 4, 6, and 11 of the Illinois | ||||||
14 | Vehicle Code, or a similar
provision of a local ordinance, and | ||||||
15 | any violation
of the Child Passenger Protection Act, or a | ||||||
16 | similar provision of a local
ordinance, shall be collected and | ||||||
17 | disbursed by the circuit
clerk as provided under Section 27.5 | ||||||
18 | of the Clerks of Courts Act.
| ||||||
19 | (j) In cases when prosecution for any violation of Section | ||||||
20 | 11-6, 11-8,
11-9, 11-11, 11-14, 11-15, 11-15.1, 11-16, 11-17, | ||||||
21 | 11-17.1, 11-18, 11-18.1,
11-19, 11-19.1, 11-19.2, 11-20.1, | ||||||
22 | 11-21, 12-13, 12-14, 12-14.1, 12-15, or
12-16 of the
Criminal | ||||||
23 | Code of 1961, any violation of the Illinois Controlled | ||||||
24 | Substances Act,
any violation of the Cannabis Control Act, or | ||||||
25 | any violation of the Methamphetamine Control and Community | ||||||
26 | Protection Act results in conviction, a
disposition of court |
| |||||||
| |||||||
1 | supervision, or an order of probation granted under
Section 10 | ||||||
2 | of the Cannabis Control Act, Section 410 of the Illinois
| ||||||
3 | Controlled Substance Act, or Section 70 of the Methamphetamine | ||||||
4 | Control and Community Protection Act of a defendant, the court | ||||||
5 | shall determine whether the
defendant is employed by a facility | ||||||
6 | or center as defined under the Child Care
Act of 1969, a public | ||||||
7 | or private elementary or secondary school, or otherwise
works | ||||||
8 | with children under 18 years of age on a daily basis. When a | ||||||
9 | defendant
is so employed, the court shall order the Clerk of | ||||||
10 | the Court to send a copy of
the judgment of conviction or order | ||||||
11 | of supervision or probation to the
defendant's employer by | ||||||
12 | certified mail.
If the employer of the defendant is a school, | ||||||
13 | the Clerk of the Court shall
direct the mailing of a copy of | ||||||
14 | the judgment of conviction or order of
supervision or probation | ||||||
15 | to the appropriate regional superintendent of schools.
The | ||||||
16 | regional superintendent of schools shall notify the State Board | ||||||
17 | of
Education of any notification under this subsection.
| ||||||
18 | (j-5) A defendant at least 17 years of age who is convicted | ||||||
19 | of a felony and
who has not been previously convicted of a | ||||||
20 | misdemeanor or felony and who is
sentenced to a term of | ||||||
21 | imprisonment in the Illinois Department of Corrections
shall as | ||||||
22 | a condition of his or her sentence be required by the court to | ||||||
23 | attend
educational courses designed to prepare the defendant | ||||||
24 | for a high school diploma
and to work toward a high school | ||||||
25 | diploma or to work toward passing the high
school level Test of | ||||||
26 | General Educational Development (GED) or to work toward
|
| |||||||
| |||||||
1 | completing a vocational training program offered by the | ||||||
2 | Department of
Corrections. If a defendant fails to complete the | ||||||
3 | educational training
required by his or her sentence during the | ||||||
4 | term of incarceration, the Prisoner
Review Board shall, as a | ||||||
5 | condition of mandatory supervised release, require the
| ||||||
6 | defendant, at his or her own expense, to pursue a course of | ||||||
7 | study toward a high
school diploma or passage of the GED test. | ||||||
8 | The Prisoner Review Board shall
revoke the mandatory supervised | ||||||
9 | release of a defendant who wilfully fails to
comply with this | ||||||
10 | subsection (j-5) upon his or her release from confinement in a
| ||||||
11 | penal institution while serving a mandatory supervised release | ||||||
12 | term; however,
the inability of the defendant after making a | ||||||
13 | good faith effort to obtain
financial aid or pay for the | ||||||
14 | educational training shall not be deemed a wilful
failure to | ||||||
15 | comply. The Prisoner Review Board shall recommit the defendant
| ||||||
16 | whose mandatory supervised release term has been revoked under | ||||||
17 | this subsection
(j-5) as provided in Section 3-3-9. This | ||||||
18 | subsection (j-5) does not apply to a
defendant who has a high | ||||||
19 | school diploma or has successfully passed the GED
test. This | ||||||
20 | subsection (j-5) does not apply to a defendant who is | ||||||
21 | determined by
the court to be developmentally disabled or | ||||||
22 | otherwise mentally incapable of
completing the educational or | ||||||
23 | vocational program.
| ||||||
24 | (k) A court may not impose a sentence or disposition for a
| ||||||
25 | felony or misdemeanor that requires the defendant to be | ||||||
26 | implanted or injected
with or to use any form of birth control.
|
| |||||||
| |||||||
1 | (l) (A) Except as provided
in paragraph (C) of subsection | ||||||
2 | (l), whenever a defendant,
who is an alien as defined by | ||||||
3 | the Immigration and Nationality Act, is convicted
of any | ||||||
4 | felony or misdemeanor offense, the court after sentencing | ||||||
5 | the defendant
may, upon motion of the State's Attorney, | ||||||
6 | hold sentence in abeyance and remand
the defendant to the | ||||||
7 | custody of the Attorney General of
the United States or his | ||||||
8 | or her designated agent to be deported when:
| ||||||
9 | (1) a final order of deportation has been issued | ||||||
10 | against the defendant
pursuant to proceedings under | ||||||
11 | the Immigration and Nationality Act, and
| ||||||
12 | (2) the deportation of the defendant would not | ||||||
13 | deprecate the seriousness
of the defendant's conduct | ||||||
14 | and would not be inconsistent with the ends of
justice.
| ||||||
15 | Otherwise, the defendant shall be sentenced as | ||||||
16 | provided in this Chapter V.
| ||||||
17 | (B) If the defendant has already been sentenced for a | ||||||
18 | felony or
misdemeanor
offense, or has been placed on | ||||||
19 | probation under Section 10 of the Cannabis
Control Act,
| ||||||
20 | Section 410 of the Illinois Controlled Substances Act, or | ||||||
21 | Section 70 of the Methamphetamine Control and Community | ||||||
22 | Protection Act, the court
may, upon motion of the State's | ||||||
23 | Attorney to suspend the
sentence imposed, commit the | ||||||
24 | defendant to the custody of the Attorney General
of the | ||||||
25 | United States or his or her designated agent when:
| ||||||
26 | (1) a final order of deportation has been issued |
| |||||||
| |||||||
1 | against the defendant
pursuant to proceedings under | ||||||
2 | the Immigration and Nationality Act, and
| ||||||
3 | (2) the deportation of the defendant would not | ||||||
4 | deprecate the seriousness
of the defendant's conduct | ||||||
5 | and would not be inconsistent with the ends of
justice.
| ||||||
6 | (C) This subsection (l) does not apply to offenders who | ||||||
7 | are subject to the
provisions of paragraph (2) of | ||||||
8 | subsection (a) of Section 3-6-3.
| ||||||
9 | (D) Upon motion of the State's Attorney, if a defendant | ||||||
10 | sentenced under
this Section returns to the jurisdiction of | ||||||
11 | the United States, the defendant
shall be recommitted to | ||||||
12 | the custody of the county from which he or she was
| ||||||
13 | sentenced.
Thereafter, the defendant shall be brought | ||||||
14 | before the sentencing court, which
may impose any sentence | ||||||
15 | that was available under Section 5-5-3 at the time of
| ||||||
16 | initial sentencing. In addition, the defendant shall not be | ||||||
17 | eligible for
additional good conduct credit for | ||||||
18 | meritorious service as provided under
Section 3-6-6.
| ||||||
19 | (m) A person convicted of criminal defacement of property | ||||||
20 | under Section
21-1.3 of the Criminal Code of 1961, in which the | ||||||
21 | property damage exceeds $300
and the property damaged is a | ||||||
22 | school building, shall be ordered to perform
community service | ||||||
23 | that may include cleanup, removal, or painting over the
| ||||||
24 | defacement.
| ||||||
25 | (n) The court may sentence a person convicted of a | ||||||
26 | violation of Section
12-19, 12-21, or 16-1.3 of the Criminal |
| |||||||
| |||||||
1 | Code of 1961 (i) to an impact
incarceration program if the | ||||||
2 | person is otherwise eligible for that program
under Section | ||||||
3 | 5-8-1.1, (ii) to community service, or (iii) if the person is | ||||||
4 | an
addict or alcoholic, as defined in the Alcoholism and Other | ||||||
5 | Drug Abuse and
Dependency Act, to a substance or alcohol abuse | ||||||
6 | program licensed under that
Act. | ||||||
7 | (o) Whenever a person is convicted of a sex offense as | ||||||
8 | defined in Section 2 of the Sex Offender Registration Act, the | ||||||
9 | defendant's driver's license or permit shall be subject to | ||||||
10 | renewal on an annual basis in accordance with the provisions of | ||||||
11 | license renewal established by the Secretary of State.
| ||||||
12 | (Source: P.A. 94-72, eff. 1-1-06; 94-556, eff. 9-11-05; 94-993, | ||||||
13 | eff. 1-1-07; 94-1035, eff. 7-1-07; 95-188, eff. 8-16-07; | ||||||
14 | 95-259, eff. 8-17-07; 95-331, eff. 8-21-07; 95-377, eff. | ||||||
15 | 1-1-08; 95-579, eff. 6-1-08; 95-876, eff. 8-21-08; 95-882, eff. | ||||||
16 | 1-1-09.)
| ||||||
17 | (730 ILCS 5/5-8-1) (from Ch. 38, par. 1005-8-1)
| ||||||
18 | (Text of Section before amendment by P.A. 95-983 )
| ||||||
19 | Sec. 5-8-1. Sentence of Imprisonment for Felony.
| ||||||
20 | (a) Except as otherwise provided in the statute defining | ||||||
21 | the offense, a
sentence of imprisonment for a felony shall be a | ||||||
22 | determinate sentence set by
the court under this Section, | ||||||
23 | according to the following limitations:
| ||||||
24 | (1) for first degree murder,
| ||||||
25 | (a) a term shall be not less than 20 years
and not |
| |||||||
| |||||||
1 | more than 60 years, or
| ||||||
2 | (b) if a trier of fact finds beyond a reasonable
| ||||||
3 | doubt that the murder was accompanied by exceptionally
| ||||||
4 | brutal or heinous behavior indicative of wanton | ||||||
5 | cruelty or, except as set forth
in subsection (a)(1)(c) | ||||||
6 | of this Section, that any of the aggravating factors
| ||||||
7 | listed in subsection (b) of Section 9-1 of the Criminal | ||||||
8 | Code of 1961 are
present, the court may sentence the | ||||||
9 | defendant to a term of natural life
imprisonment, or
| ||||||
10 | (b-5) a defendant who has been sentenced to death | ||||||
11 | before the effective date of this amendatory Act of the | ||||||
12 | 96th General Assembly shall be sentenced as provided in | ||||||
13 | this Chapter V, or
| ||||||
14 | (c) the court shall sentence the defendant to a | ||||||
15 | term of natural life
imprisonment when the death | ||||||
16 | penalty is not imposed if the defendant,
| ||||||
17 | (i) has previously been convicted of first | ||||||
18 | degree murder under
any state or federal law, or
| ||||||
19 | (ii) is a person who, at the time of the | ||||||
20 | commission of the murder,
had attained the age of | ||||||
21 | 17 or more and is found guilty of murdering an
| ||||||
22 | individual under 12 years of age; or, irrespective | ||||||
23 | of the defendant's age at
the time of the | ||||||
24 | commission of the offense, is found guilty of | ||||||
25 | murdering more
than one victim, or
| ||||||
26 | (iii) is found guilty of murdering a peace |
| |||||||
| |||||||
1 | officer, fireman, or emergency management worker | ||||||
2 | when
the peace officer, fireman, or emergency | ||||||
3 | management worker was killed in the course of | ||||||
4 | performing his
official duties, or to prevent the | ||||||
5 | peace officer or fireman from
performing his | ||||||
6 | official duties, or in retaliation for the peace | ||||||
7 | officer,
fireman, or emergency management worker | ||||||
8 | from performing his official duties, and the | ||||||
9 | defendant knew or should
have known that the | ||||||
10 | murdered individual was a peace officer, fireman, | ||||||
11 | or emergency management worker, or
| ||||||
12 | (iv) is found guilty of murdering an employee | ||||||
13 | of an institution or
facility of the Department of | ||||||
14 | Corrections, or any similar local
correctional | ||||||
15 | agency, when the employee was killed in the course | ||||||
16 | of
performing his official duties, or to prevent | ||||||
17 | the employee from performing
his official duties, | ||||||
18 | or in retaliation for the employee performing his
| ||||||
19 | official duties, or
| ||||||
20 | (v) is found guilty of murdering an emergency | ||||||
21 | medical
technician - ambulance, emergency medical | ||||||
22 | technician - intermediate, emergency
medical | ||||||
23 | technician - paramedic, ambulance driver or other | ||||||
24 | medical assistance or
first aid person while | ||||||
25 | employed by a municipality or other governmental | ||||||
26 | unit
when the person was killed in the course of |
| |||||||
| |||||||
1 | performing official duties or
to prevent the | ||||||
2 | person from performing official duties or in | ||||||
3 | retaliation
for performing official duties and the | ||||||
4 | defendant knew or should have known
that the | ||||||
5 | murdered individual was an emergency medical | ||||||
6 | technician - ambulance,
emergency medical | ||||||
7 | technician - intermediate, emergency medical
| ||||||
8 | technician - paramedic, ambulance driver, or other | ||||||
9 | medical
assistant or first aid personnel, or
| ||||||
10 | (vi) is a person who, at the time of the | ||||||
11 | commission of the murder,
had not attained the age | ||||||
12 | of 17, and is found guilty of murdering a person | ||||||
13 | under
12 years of age and the murder is committed | ||||||
14 | during the course of aggravated
criminal sexual | ||||||
15 | assault, criminal sexual assault, or aggravated | ||||||
16 | kidnaping,
or
| ||||||
17 | (vii) is found guilty of first degree murder | ||||||
18 | and the murder was
committed by reason of any | ||||||
19 | person's activity as a community policing | ||||||
20 | volunteer
or to prevent any person from engaging in | ||||||
21 | activity as a community policing
volunteer. For | ||||||
22 | the purpose of this Section, "community policing | ||||||
23 | volunteer"
has the meaning ascribed to it in | ||||||
24 | Section 2-3.5 of the Criminal Code of 1961.
| ||||||
25 | For purposes of clause (v), "emergency medical | ||||||
26 | technician - ambulance",
"emergency medical technician - |
| |||||||
| |||||||
1 | intermediate", "emergency medical technician -
| ||||||
2 | paramedic", have the meanings ascribed to them in the | ||||||
3 | Emergency Medical
Services (EMS) Systems Act.
| ||||||
4 | (d) (i) if the person committed the offense while | ||||||
5 | armed with a
firearm, 15 years shall be added to | ||||||
6 | the term of imprisonment imposed by the
court;
| ||||||
7 | (ii) if, during the commission of the offense, | ||||||
8 | the person
personally discharged a firearm, 20 | ||||||
9 | years shall be added to the term of
imprisonment | ||||||
10 | imposed by the court;
| ||||||
11 | (iii) if, during the commission of the | ||||||
12 | offense, the person
personally discharged a | ||||||
13 | firearm that proximately caused great bodily harm,
| ||||||
14 | permanent disability, permanent disfigurement, or | ||||||
15 | death to another person, 25
years or up to a term | ||||||
16 | of natural life shall be added to the term of
| ||||||
17 | imprisonment imposed by the court.
| ||||||
18 | (1.5) for second degree murder, a term shall be not | ||||||
19 | less than 4 years
and not more than 20 years;
| ||||||
20 | (2) for a person adjudged a habitual criminal under | ||||||
21 | Article 33B of
the Criminal Code of 1961, as amended, the | ||||||
22 | sentence shall be a term of
natural life imprisonment;
| ||||||
23 | (2.5) for a person convicted under the circumstances | ||||||
24 | described in
paragraph (3) of subsection (b) of Section | ||||||
25 | 12-13, paragraph (2) of subsection
(d) of Section 12-14, | ||||||
26 | paragraph (1.2) of subsection (b) of
Section 12-14.1, or |
| |||||||
| |||||||
1 | paragraph (2) of subsection (b) of Section 12-14.1
of the | ||||||
2 | Criminal Code of 1961, the sentence shall be a term of | ||||||
3 | natural life
imprisonment;
| ||||||
4 | (3) except as otherwise provided in the statute | ||||||
5 | defining the
offense, for a Class X felony, the sentence | ||||||
6 | shall be not less than 6
years and not more than 30 years;
| ||||||
7 | (4) for a Class 1 felony, other than second degree | ||||||
8 | murder, the sentence
shall be not less than 4 years and not | ||||||
9 | more than 15 years;
| ||||||
10 | (5) for a Class 2 felony, the sentence shall be not | ||||||
11 | less than 3
years and not more than 7 years;
| ||||||
12 | (6) for a Class 3 felony, the sentence shall be not | ||||||
13 | less than 2
years and not more than 5 years;
| ||||||
14 | (7) for a Class 4 felony, the sentence shall be not | ||||||
15 | less than 1 year
and not more than 3 years.
| ||||||
16 | (b) The sentencing judge in each felony conviction shall | ||||||
17 | set forth
his reasons for imposing the particular sentence he | ||||||
18 | enters in the case,
as provided in Section 5-4-1 of this Code. | ||||||
19 | Those reasons may include
any mitigating or aggravating factors | ||||||
20 | specified in this Code, or the
lack of any such circumstances, | ||||||
21 | as well as any other such factors as the
judge shall set forth | ||||||
22 | on the record that are consistent with the
purposes and | ||||||
23 | principles of sentencing set out in this Code.
| ||||||
24 | (c) A motion to reduce a sentence may be made, or the court | ||||||
25 | may reduce
a sentence without motion, within 30 days after the | ||||||
26 | sentence is imposed.
A defendant's challenge to the correctness |
| |||||||
| |||||||
1 | of a sentence or to any aspect of
the sentencing hearing shall | ||||||
2 | be made by a written motion filed within 30 days
following the | ||||||
3 | imposition of sentence. However, the court may not increase a
| ||||||
4 | sentence once it is imposed.
| ||||||
5 | If a motion filed pursuant to this subsection is timely | ||||||
6 | filed within 30 days
after the sentence is imposed, the | ||||||
7 | proponent of the motion shall exercise due
diligence in seeking | ||||||
8 | a determination on the motion and the court shall
thereafter | ||||||
9 | decide such motion within a reasonable time.
| ||||||
10 | If a motion filed pursuant to this subsection is timely | ||||||
11 | filed within 30 days
after the sentence is imposed, then for | ||||||
12 | purposes of perfecting an appeal, a
final judgment shall not be | ||||||
13 | considered to have been entered until the motion to
reduce a | ||||||
14 | sentence has been decided by order entered by the trial court.
| ||||||
15 | A motion filed pursuant to this subsection shall not be | ||||||
16 | considered to have
been timely
filed unless it is filed with | ||||||
17 | the circuit court clerk within 30 days after
the sentence is | ||||||
18 | imposed together with a notice of motion, which notice of
| ||||||
19 | motion shall set the motion on the court's calendar on a date | ||||||
20 | certain within
a reasonable time after the date of filing.
| ||||||
21 | (d) Except where a term of natural life is imposed, every | ||||||
22 | sentence
shall include as though written therein a term in | ||||||
23 | addition to the term
of imprisonment. For those sentenced under | ||||||
24 | the law in effect prior to
February 1, 1978, such term shall be | ||||||
25 | identified as a parole
term. For those sentenced on or after | ||||||
26 | February 1, 1978, such term
shall be identified as a mandatory |
| |||||||
| |||||||
1 | supervised release term. Subject to
earlier termination under | ||||||
2 | Section 3-3-8, the parole or mandatory
supervised release term | ||||||
3 | shall be as follows:
| ||||||
4 | (1) for first degree murder or a Class X felony except | ||||||
5 | for the offenses of predatory criminal sexual assault of a | ||||||
6 | child, aggravated criminal sexual assault, and criminal | ||||||
7 | sexual assault if committed on or after the effective date | ||||||
8 | of this amendatory Act of the 94th General Assembly, 3 | ||||||
9 | years;
| ||||||
10 | (2) for a Class 1 felony or a Class 2 felony except for | ||||||
11 | the offense of criminal sexual assault if committed on or | ||||||
12 | after the effective date of this amendatory Act of the 94th | ||||||
13 | General Assembly, 2 years;
| ||||||
14 | (3) for a Class 3 felony or a Class 4 felony, 1 year;
| ||||||
15 | (4) for defendants who commit the offense of predatory | ||||||
16 | criminal sexual assault of a child, aggravated criminal | ||||||
17 | sexual assault, or criminal sexual assault, on or after the | ||||||
18 | effective date of this amendatory Act of the 94th General | ||||||
19 | Assembly, the term of mandatory supervised release shall | ||||||
20 | range from a minimum of 3 years to a maximum of the natural | ||||||
21 | life of the defendant;
| ||||||
22 | (5) if the victim is under 18 years of age, for a | ||||||
23 | second or subsequent
offense of aggravated criminal sexual | ||||||
24 | abuse or felony criminal sexual abuse,
4 years, at least | ||||||
25 | the first 2 years of which the defendant shall serve in an
| ||||||
26 | electronic home detention program under Article 8A of |
| |||||||
| |||||||
1 | Chapter V of this Code.
| ||||||
2 | (e) A defendant who has a previous and unexpired sentence | ||||||
3 | of
imprisonment imposed by another state or by any district | ||||||
4 | court of the
United States and who, after sentence for a
crime | ||||||
5 | in Illinois, must return to serve the unexpired prior sentence | ||||||
6 | may
have his sentence by the Illinois court ordered to be | ||||||
7 | concurrent with
the prior sentence in the other state. The | ||||||
8 | court may order that any time
served on the unexpired portion | ||||||
9 | of the sentence in the other state,
prior to his return to | ||||||
10 | Illinois, shall be credited on his Illinois
sentence. The other | ||||||
11 | state shall be furnished with a copy of the order
imposing | ||||||
12 | sentence which shall provide that, when the offender is
| ||||||
13 | released from confinement of the other state, whether by parole | ||||||
14 | or by
termination of sentence, the offender shall be | ||||||
15 | transferred by the
Sheriff of the committing county to the | ||||||
16 | Illinois Department of
Corrections. The court shall cause the | ||||||
17 | Department of Corrections to be
notified of such sentence at | ||||||
18 | the time of commitment and to be provided
with copies of all | ||||||
19 | records regarding the sentence.
| ||||||
20 | (f) A defendant who has a previous and unexpired sentence | ||||||
21 | of imprisonment
imposed by an Illinois circuit court for a | ||||||
22 | crime in this State and who is
subsequently sentenced to a term | ||||||
23 | of imprisonment by another state or by
any district court of | ||||||
24 | the United States and who has served a term of
imprisonment | ||||||
25 | imposed by the other state or district court of the United
| ||||||
26 | States, and must return to serve the unexpired prior sentence |
| |||||||
| |||||||
1 | imposed by
the Illinois Circuit Court may apply to the court | ||||||
2 | which imposed sentence to
have his sentence reduced.
| ||||||
3 | The circuit court may order that any time served on the | ||||||
4 | sentence imposed
by the other state or district court of the | ||||||
5 | United States be credited on
his Illinois sentence. Such | ||||||
6 | application for reduction of a sentence under
this subsection | ||||||
7 | (f) shall be made within 30 days after the defendant has
| ||||||
8 | completed the sentence imposed by the other state or district | ||||||
9 | court of the
United States.
| ||||||
10 | (Source: P.A. 94-165, eff. 7-11-05; 94-243, eff. 1-1-06; | ||||||
11 | 94-715, eff. 12-13-05.)
| ||||||
12 | (Text of Section after amendment by P.A. 95-983 )
| ||||||
13 | Sec. 5-8-1. Sentence of Imprisonment for Felony.
| ||||||
14 | (a) Except as otherwise provided in the statute defining | ||||||
15 | the offense, a
sentence of imprisonment for a felony shall be a | ||||||
16 | determinate sentence set by
the court under this Section, | ||||||
17 | according to the following limitations:
| ||||||
18 | (1) for first degree murder,
| ||||||
19 | (a) a term shall be not less than 20 years
and not | ||||||
20 | more than 60 years, or
| ||||||
21 | (b) if a trier of fact finds beyond a reasonable
| ||||||
22 | doubt that the murder was accompanied by exceptionally
| ||||||
23 | brutal or heinous behavior indicative of wanton | ||||||
24 | cruelty or, except as set forth
in subsection (a)(1)(c) | ||||||
25 | of this Section, that any of the aggravating factors
|
| |||||||
| |||||||
1 | listed in subsection (b) of Section 9-1 of the Criminal | ||||||
2 | Code of 1961 are
present, the court may sentence the | ||||||
3 | defendant to a term of natural life
imprisonment, or
| ||||||
4 | (b-5) a defendant who has been sentenced to death | ||||||
5 | before the effective date of this amendatory Act of the | ||||||
6 | 96th General Assembly shall be sentenced as provided in | ||||||
7 | this Chapter V, or
| ||||||
8 | (c) the court shall sentence the defendant to a | ||||||
9 | term of natural life
imprisonment when the death | ||||||
10 | penalty is not imposed if the defendant,
| ||||||
11 | (i) has previously been convicted of first | ||||||
12 | degree murder under
any state or federal law, or
| ||||||
13 | (ii) is a person who, at the time of the | ||||||
14 | commission of the murder,
had attained the age of | ||||||
15 | 17 or more and is found guilty of murdering an
| ||||||
16 | individual under 12 years of age; or, irrespective | ||||||
17 | of the defendant's age at
the time of the | ||||||
18 | commission of the offense, is found guilty of | ||||||
19 | murdering more
than one victim, or
| ||||||
20 | (iii) is found guilty of murdering a peace | ||||||
21 | officer, fireman, or emergency management worker | ||||||
22 | when
the peace officer, fireman, or emergency | ||||||
23 | management worker was killed in the course of | ||||||
24 | performing his
official duties, or to prevent the | ||||||
25 | peace officer or fireman from
performing his | ||||||
26 | official duties, or in retaliation for the peace |
| |||||||
| |||||||
1 | officer,
fireman, or emergency management worker | ||||||
2 | from performing his official duties, and the | ||||||
3 | defendant knew or should
have known that the | ||||||
4 | murdered individual was a peace officer, fireman, | ||||||
5 | or emergency management worker, or
| ||||||
6 | (iv) is found guilty of murdering an employee | ||||||
7 | of an institution or
facility of the Department of | ||||||
8 | Corrections, or any similar local
correctional | ||||||
9 | agency, when the employee was killed in the course | ||||||
10 | of
performing his official duties, or to prevent | ||||||
11 | the employee from performing
his official duties, | ||||||
12 | or in retaliation for the employee performing his
| ||||||
13 | official duties, or
| ||||||
14 | (v) is found guilty of murdering an emergency | ||||||
15 | medical
technician - ambulance, emergency medical | ||||||
16 | technician - intermediate, emergency
medical | ||||||
17 | technician - paramedic, ambulance driver or other | ||||||
18 | medical assistance or
first aid person while | ||||||
19 | employed by a municipality or other governmental | ||||||
20 | unit
when the person was killed in the course of | ||||||
21 | performing official duties or
to prevent the | ||||||
22 | person from performing official duties or in | ||||||
23 | retaliation
for performing official duties and the | ||||||
24 | defendant knew or should have known
that the | ||||||
25 | murdered individual was an emergency medical | ||||||
26 | technician - ambulance,
emergency medical |
| |||||||
| |||||||
1 | technician - intermediate, emergency medical
| ||||||
2 | technician - paramedic, ambulance driver, or other | ||||||
3 | medical
assistant or first aid personnel, or
| ||||||
4 | (vi) is a person who, at the time of the | ||||||
5 | commission of the murder,
had not attained the age | ||||||
6 | of 17, and is found guilty of murdering a person | ||||||
7 | under
12 years of age and the murder is committed | ||||||
8 | during the course of aggravated
criminal sexual | ||||||
9 | assault, criminal sexual assault, or aggravated | ||||||
10 | kidnaping,
or
| ||||||
11 | (vii) is found guilty of first degree murder | ||||||
12 | and the murder was
committed by reason of any | ||||||
13 | person's activity as a community policing | ||||||
14 | volunteer
or to prevent any person from engaging in | ||||||
15 | activity as a community policing
volunteer. For | ||||||
16 | the purpose of this Section, "community policing | ||||||
17 | volunteer"
has the meaning ascribed to it in | ||||||
18 | Section 2-3.5 of the Criminal Code of 1961.
| ||||||
19 | For purposes of clause (v), "emergency medical | ||||||
20 | technician - ambulance",
"emergency medical technician - | ||||||
21 | intermediate", "emergency medical technician -
| ||||||
22 | paramedic", have the meanings ascribed to them in the | ||||||
23 | Emergency Medical
Services (EMS) Systems Act.
| ||||||
24 | (d) (i) if the person committed the offense while | ||||||
25 | armed with a
firearm, 15 years shall be added to | ||||||
26 | the term of imprisonment imposed by the
court;
|
| |||||||
| |||||||
1 | (ii) if, during the commission of the offense, | ||||||
2 | the person
personally discharged a firearm, 20 | ||||||
3 | years shall be added to the term of
imprisonment | ||||||
4 | imposed by the court;
| ||||||
5 | (iii) if, during the commission of the | ||||||
6 | offense, the person
personally discharged a | ||||||
7 | firearm that proximately caused great bodily harm,
| ||||||
8 | permanent disability, permanent disfigurement, or | ||||||
9 | death to another person, 25
years or up to a term | ||||||
10 | of natural life shall be added to the term of
| ||||||
11 | imprisonment imposed by the court.
| ||||||
12 | (1.5) for second degree murder, a term shall be not | ||||||
13 | less than 4 years
and not more than 20 years;
| ||||||
14 | (2) for a person adjudged a habitual criminal under | ||||||
15 | Article 33B of
the Criminal Code of 1961, as amended, the | ||||||
16 | sentence shall be a term of
natural life imprisonment;
| ||||||
17 | (2.5) for a person convicted under the circumstances | ||||||
18 | described in
paragraph (3) of subsection (b) of Section | ||||||
19 | 12-13, paragraph (2) of subsection
(d) of Section 12-14, | ||||||
20 | paragraph (1.2) of subsection (b) of
Section 12-14.1, or | ||||||
21 | paragraph (2) of subsection (b) of Section 12-14.1
of the | ||||||
22 | Criminal Code of 1961, the sentence shall be a term of | ||||||
23 | natural life
imprisonment;
| ||||||
24 | (3) except as otherwise provided in the statute | ||||||
25 | defining the
offense, for a Class X felony, the sentence | ||||||
26 | shall be not less than 6
years and not more than 30 years;
|
| |||||||
| |||||||
1 | (4) for a Class 1 felony, other than second degree | ||||||
2 | murder, the sentence
shall be not less than 4 years and not | ||||||
3 | more than 15 years;
| ||||||
4 | (5) for a Class 2 felony, the sentence shall be not | ||||||
5 | less than 3
years and not more than 7 years;
| ||||||
6 | (6) for a Class 3 felony, the sentence shall be not | ||||||
7 | less than 2
years and not more than 5 years;
| ||||||
8 | (7) for a Class 4 felony, the sentence shall be not | ||||||
9 | less than 1 year
and not more than 3 years.
| ||||||
10 | (b) The sentencing judge in each felony conviction shall | ||||||
11 | set forth
his reasons for imposing the particular sentence he | ||||||
12 | enters in the case,
as provided in Section 5-4-1 of this Code. | ||||||
13 | Those reasons may include
any mitigating or aggravating factors | ||||||
14 | specified in this Code, or the
lack of any such circumstances, | ||||||
15 | as well as any other such factors as the
judge shall set forth | ||||||
16 | on the record that are consistent with the
purposes and | ||||||
17 | principles of sentencing set out in this Code.
| ||||||
18 | (c) A motion to reduce a sentence may be made, or the court | ||||||
19 | may reduce
a sentence without motion, within 30 days after the | ||||||
20 | sentence is imposed.
A defendant's challenge to the correctness | ||||||
21 | of a sentence or to any aspect of
the sentencing hearing shall | ||||||
22 | be made by a written motion filed within 30 days
following the | ||||||
23 | imposition of sentence. However, the court may not increase a
| ||||||
24 | sentence once it is imposed.
| ||||||
25 | If a motion filed pursuant to this subsection is timely | ||||||
26 | filed within 30 days
after the sentence is imposed, the |
| |||||||
| |||||||
1 | proponent of the motion shall exercise due
diligence in seeking | ||||||
2 | a determination on the motion and the court shall
thereafter | ||||||
3 | decide such motion within a reasonable time.
| ||||||
4 | If a motion filed pursuant to this subsection is timely | ||||||
5 | filed within 30 days
after the sentence is imposed, then for | ||||||
6 | purposes of perfecting an appeal, a
final judgment shall not be | ||||||
7 | considered to have been entered until the motion to
reduce a | ||||||
8 | sentence has been decided by order entered by the trial court.
| ||||||
9 | A motion filed pursuant to this subsection shall not be | ||||||
10 | considered to have
been timely
filed unless it is filed with | ||||||
11 | the circuit court clerk within 30 days after
the sentence is | ||||||
12 | imposed together with a notice of motion, which notice of
| ||||||
13 | motion shall set the motion on the court's calendar on a date | ||||||
14 | certain within
a reasonable time after the date of filing.
| ||||||
15 | (d) Except where a term of natural life is imposed, every | ||||||
16 | sentence
shall include as though written therein a term in | ||||||
17 | addition to the term
of imprisonment. For those sentenced under | ||||||
18 | the law in effect prior to
February 1, 1978, such term shall be | ||||||
19 | identified as a parole
term. For those sentenced on or after | ||||||
20 | February 1, 1978, such term
shall be identified as a mandatory | ||||||
21 | supervised release term. Subject to
earlier termination under | ||||||
22 | Section 3-3-8, the parole or mandatory
supervised release term | ||||||
23 | shall be as follows:
| ||||||
24 | (1) for first degree murder or a Class X felony except | ||||||
25 | for the offenses of predatory criminal sexual assault of a | ||||||
26 | child, aggravated criminal sexual assault, and criminal |
| |||||||
| |||||||
1 | sexual assault if committed on or after the effective date | ||||||
2 | of this amendatory Act of the 94th General Assembly and | ||||||
3 | except for the offense of aggravated child pornography | ||||||
4 | under Section 11-20.3 of the Criminal Code of 1961, if | ||||||
5 | committed on or after January 1, 2009, 3 years;
| ||||||
6 | (2) for a Class 1 felony or a Class 2 felony except for | ||||||
7 | the offense of criminal sexual assault if committed on or | ||||||
8 | after the effective date of this amendatory Act of the 94th | ||||||
9 | General Assembly and except for the offenses of manufacture | ||||||
10 | and dissemination of child pornography under clauses | ||||||
11 | (a)(1) and (a)(2) of Section 11-20.1 of the Criminal Code | ||||||
12 | of 1961, if committed on or after January 1, 2009, 2 years;
| ||||||
13 | (3) for a Class 3 felony or a Class 4 felony, 1 year;
| ||||||
14 | (4) for defendants who commit the offense of predatory | ||||||
15 | criminal sexual assault of a child, aggravated criminal | ||||||
16 | sexual assault, or criminal sexual assault, on or after the | ||||||
17 | effective date of this amendatory Act of the 94th General | ||||||
18 | Assembly, or who commit the offense of aggravated child | ||||||
19 | pornography, manufacture of child pornography, or | ||||||
20 | dissemination of child pornography after January 1, 2009, | ||||||
21 | the term of mandatory supervised release shall range from a | ||||||
22 | minimum of 3 years to a maximum of the natural life of the | ||||||
23 | defendant;
| ||||||
24 | (5) if the victim is under 18 years of age, for a | ||||||
25 | second or subsequent
offense of aggravated criminal sexual | ||||||
26 | abuse or felony criminal sexual abuse,
4 years, at least |
| |||||||
| |||||||
1 | the first 2 years of which the defendant shall serve in an
| ||||||
2 | electronic home detention program under Article 8A of | ||||||
3 | Chapter V of this Code.
| ||||||
4 | (e) A defendant who has a previous and unexpired sentence | ||||||
5 | of
imprisonment imposed by another state or by any district | ||||||
6 | court of the
United States and who, after sentence for a
crime | ||||||
7 | in Illinois, must return to serve the unexpired prior sentence | ||||||
8 | may
have his sentence by the Illinois court ordered to be | ||||||
9 | concurrent with
the prior sentence in the other state. The | ||||||
10 | court may order that any time
served on the unexpired portion | ||||||
11 | of the sentence in the other state,
prior to his return to | ||||||
12 | Illinois, shall be credited on his Illinois
sentence. The other | ||||||
13 | state shall be furnished with a copy of the order
imposing | ||||||
14 | sentence which shall provide that, when the offender is
| ||||||
15 | released from confinement of the other state, whether by parole | ||||||
16 | or by
termination of sentence, the offender shall be | ||||||
17 | transferred by the
Sheriff of the committing county to the | ||||||
18 | Illinois Department of
Corrections. The court shall cause the | ||||||
19 | Department of Corrections to be
notified of such sentence at | ||||||
20 | the time of commitment and to be provided
with copies of all | ||||||
21 | records regarding the sentence.
| ||||||
22 | (f) A defendant who has a previous and unexpired sentence | ||||||
23 | of imprisonment
imposed by an Illinois circuit court for a | ||||||
24 | crime in this State and who is
subsequently sentenced to a term | ||||||
25 | of imprisonment by another state or by
any district court of | ||||||
26 | the United States and who has served a term of
imprisonment |
| |||||||
| |||||||
1 | imposed by the other state or district court of the United
| ||||||
2 | States, and must return to serve the unexpired prior sentence | ||||||
3 | imposed by
the Illinois Circuit Court may apply to the court | ||||||
4 | which imposed sentence to
have his sentence reduced.
| ||||||
5 | The circuit court may order that any time served on the | ||||||
6 | sentence imposed
by the other state or district court of the | ||||||
7 | United States be credited on
his Illinois sentence. Such | ||||||
8 | application for reduction of a sentence under
this subsection | ||||||
9 | (f) shall be made within 30 days after the defendant has
| ||||||
10 | completed the sentence imposed by the other state or district | ||||||
11 | court of the
United States.
| ||||||
12 | (Source: P.A. 94-165, eff. 7-11-05; 94-243, eff. 1-1-06; | ||||||
13 | 94-715, eff. 12-13-05; 95-983, eff. 6-1-09.)
| ||||||
14 | (730 ILCS 5/5-8-4) (from Ch. 38, par. 1005-8-4)
| ||||||
15 | Sec. 5-8-4. Concurrent and Consecutive Terms of | ||||||
16 | Imprisonment.
| ||||||
17 | (a) When multiple sentences of imprisonment are imposed on | ||||||
18 | a
defendant at the same time, or when a term of imprisonment is
| ||||||
19 | imposed on a defendant who is already subject to sentence in
| ||||||
20 | this State or in another state, or for a sentence imposed by
| ||||||
21 | any district court of the United States, the sentences shall
| ||||||
22 | run concurrently or consecutively as determined by the court.
| ||||||
23 | When one of the offenses for which a defendant was
convicted | ||||||
24 | was a violation of Section 32-5.2 of the Criminal
Code of 1961 | ||||||
25 | and the offense was committed in attempting or
committing a |
| |||||||
| |||||||
1 | forcible felony,
the court may impose consecutive sentences. | ||||||
2 | When a term of imprisonment is imposed on a defendant by an | ||||||
3 | Illinois circuit
court and the defendant is subsequently | ||||||
4 | sentenced to a term of imprisonment
by another state or by a | ||||||
5 | district court of the United States, the Illinois
circuit court | ||||||
6 | which imposed the sentence may order that the Illinois sentence
| ||||||
7 | be made concurrent with the sentence imposed by the other state | ||||||
8 | or district
court of the United States. The defendant must | ||||||
9 | apply to the circuit court
within 30 days after the defendant's | ||||||
10 | sentence imposed by the other state
or district of the United | ||||||
11 | States is finalized.
The court shall impose consecutive | ||||||
12 | sentences if:
| ||||||
13 | (i) one of the offenses for which
defendant was | ||||||
14 | convicted was first degree murder or a Class X or Class 1 | ||||||
15 | felony
and the
defendant inflicted severe bodily injury, or
| ||||||
16 | (ii) the defendant was
convicted of a violation of | ||||||
17 | Section 12-13, 12-14, or 12-14.1 of
the Criminal Code of
| ||||||
18 | 1961, or
| ||||||
19 | (iii) the defendant was convicted of armed violence | ||||||
20 | based upon
the predicate offense of solicitation of murder, | ||||||
21 | solicitation of murder for
hire, heinous battery, | ||||||
22 | aggravated battery of a senior citizen, criminal sexual
| ||||||
23 | assault, a violation of subsection (g) of Section 5 of the | ||||||
24 | Cannabis Control
Act, cannabis trafficking, a violation of | ||||||
25 | subsection (a) of Section 401 of
the Illinois Controlled | ||||||
26 | Substances Act, controlled substance trafficking
involving |
| |||||||
| |||||||
1 | a Class X felony amount of controlled substance under | ||||||
2 | Section 401 of
the Illinois Controlled Substances Act, a | ||||||
3 | violation of the Methamphetamine Control and Community | ||||||
4 | Protection Act,
calculated criminal drug conspiracy, or | ||||||
5 | streetgang criminal drug
conspiracy, or
| ||||||
6 | (iv) the defendant was convicted of the offense of | ||||||
7 | leaving the
scene of a motor vehicle accident involving | ||||||
8 | death or personal
injuries under Section 11-401 and either: | ||||||
9 | (A) aggravated driving under the
influence of alcohol, | ||||||
10 | other drug or drugs, or intoxicating compound
or compounds, | ||||||
11 | or any combination thereof under Section 11-501 of
the | ||||||
12 | Illinois Vehicle Code, or (B) reckless homicide under | ||||||
13 | Section 9-3 of
the Criminal Code of 1961, or both an | ||||||
14 | offense described in subdivision (A) and
an offense | ||||||
15 | described in subdivision (B), or | ||||||
16 | (v) the defendant was convicted of a violation of | ||||||
17 | Section 9-3.1 (concealment of homicidal death) or Section | ||||||
18 | 12-20.5 (dismembering a human body) of the Criminal Code of | ||||||
19 | 1961,
| ||||||
20 | in which event the
court shall enter sentences to run | ||||||
21 | consecutively. Sentences shall
run concurrently unless | ||||||
22 | otherwise specified by the court.
| ||||||
23 | (b) Except in cases where consecutive sentences are | ||||||
24 | mandated, the court
shall impose concurrent sentences unless,
| ||||||
25 | having regard to the nature and circumstances of the offense
| ||||||
26 | and the history and character of the defendant, it is of the
|
| |||||||
| |||||||
1 | opinion that consecutive sentences are required to
protect the | ||||||
2 | public
from further criminal conduct by the defendant, the | ||||||
3 | basis for
which the court shall set forth in the record.
| ||||||
4 | (c) (1) For sentences imposed under law in effect prior to
| ||||||
5 | February 1, 1978 the aggregate
maximum of consecutive | ||||||
6 | sentences shall not exceed the maximum
term authorized | ||||||
7 | under Section 5-8-1 for the 2 most serious
felonies | ||||||
8 | involved. The aggregate minimum period of consecutive
| ||||||
9 | sentences shall not exceed the highest minimum term | ||||||
10 | authorized
under Section 5-8-1 for the 2 most serious | ||||||
11 | felonies involved.
When sentenced only for misdemeanors, a | ||||||
12 | defendant shall not
be consecutively sentenced to more than | ||||||
13 | the maximum for one
Class A misdemeanor.
| ||||||
14 | (2) For sentences imposed under the law
in effect on or | ||||||
15 | after February 1, 1978, the aggregate
of consecutive | ||||||
16 | sentences for offenses that were committed as part of a | ||||||
17 | single
course of conduct during which there was no | ||||||
18 | substantial change in the nature of
the criminal objective | ||||||
19 | shall not exceed the sum of the
maximum terms authorized | ||||||
20 | under Section 5-8-2 for the 2 most
serious felonies | ||||||
21 | involved, but no such limitation shall apply for offenses
| ||||||
22 | that were not committed as part of a single course of | ||||||
23 | conduct during which
there was no substantial change in the | ||||||
24 | nature of the criminal objective.
When sentenced only for | ||||||
25 | misdemeanors,
a defendant shall not be consecutively | ||||||
26 | sentenced to more than
the maximum for one Class A |
| |||||||
| |||||||
1 | misdemeanor.
| ||||||
2 | (d) An offender serving a sentence for a misdemeanor who is
| ||||||
3 | convicted of a felony and sentenced to imprisonment shall be
| ||||||
4 | transferred to the Department of Corrections, and the
| ||||||
5 | misdemeanor sentence shall be merged in and run concurrently
| ||||||
6 | with the felony sentence.
| ||||||
7 | (e) In determining the manner in which consecutive | ||||||
8 | sentences
of imprisonment, one or more of which is for a | ||||||
9 | felony, will be
served, the Department of Corrections shall | ||||||
10 | treat the offender
as though he had been committed for a single | ||||||
11 | term with the
following incidents:
| ||||||
12 | (1) the maximum period of a term of imprisonment shall
| ||||||
13 | consist of the aggregate of the maximums of the imposed
| ||||||
14 | indeterminate terms, if any, plus the aggregate of the
| ||||||
15 | imposed determinate sentences for felonies plus
the | ||||||
16 | aggregate of the imposed determinate sentences for | ||||||
17 | misdemeanors
subject to paragraph (c) of this Section;
| ||||||
18 | (2) the parole or mandatory supervised release term | ||||||
19 | shall be
as provided in paragraph (e) of Section 5-8-1 of | ||||||
20 | this Code for
the most serious of the offenses involved;
| ||||||
21 | (3) the minimum period of imprisonment shall be the
| ||||||
22 | aggregate of the minimum and determinate periods of | ||||||
23 | imprisonment
imposed by the court, subject to paragraph (c) | ||||||
24 | of this Section; and
| ||||||
25 | (4) the offender shall be awarded credit against the
| ||||||
26 | aggregate maximum term and the aggregate minimum term of
|
| |||||||
| |||||||
1 | imprisonment for all time served in an institution since | ||||||
2 | the
commission of the offense or offenses and as a | ||||||
3 | consequence
thereof at the rate specified in Section 3-6-3 | ||||||
4 | of this Code.
| ||||||
5 | (f) A sentence of an offender committed to the Department | ||||||
6 | of
Corrections at the time of the commission of the offense | ||||||
7 | shall be served
consecutive to the sentence under which he is | ||||||
8 | held by the Department of
Corrections. However, in case such | ||||||
9 | offender shall be sentenced to
punishment by death, the | ||||||
10 | sentence shall be executed at such time as the
court may fix | ||||||
11 | without regard to the sentence under which such offender
may be | ||||||
12 | held by the Department.
| ||||||
13 | (g) A sentence under Section 3-6-4 for escape or attempted | ||||||
14 | escape
shall be served consecutive to the terms under which the | ||||||
15 | offender is
held by the Department of Corrections.
| ||||||
16 | (h) If a person charged with a felony commits a separate | ||||||
17 | felony while
on pre-trial release or in pretrial detention in a | ||||||
18 | county jail facility
or county detention facility, the | ||||||
19 | sentences imposed upon conviction of these
felonies shall be | ||||||
20 | served consecutively regardless of the order in which the
| ||||||
21 | judgments of conviction are entered.
| ||||||
22 | (h-1) If a person commits a battery against a county | ||||||
23 | correctional officer or sheriff's employee while serving a | ||||||
24 | sentence or in pretrial detention in a county jail facility, | ||||||
25 | then the sentence imposed upon conviction of the battery shall | ||||||
26 | be served consecutively with the sentence imposed upon |
| |||||||
| |||||||
1 | conviction of the earlier misdemeanor or felony, regardless of | ||||||
2 | the order in which the
judgments of conviction are entered.
| ||||||
3 | (i) If a person admitted to bail following conviction of a | ||||||
4 | felony
commits a separate felony while free on bond or if a | ||||||
5 | person detained in a
county jail facility or county detention | ||||||
6 | facility following conviction of a
felony commits a separate | ||||||
7 | felony while in detention, any sentence following
conviction of | ||||||
8 | the separate felony shall be consecutive to that of the
| ||||||
9 | original sentence for which the defendant was on bond or | ||||||
10 | detained.
| ||||||
11 | (j) If a person is found to be in possession of an item of | ||||||
12 | contraband, as defined in clause (c)(2) of Section 31A-1.1 of | ||||||
13 | the Criminal Code of 1961, while serving a sentence in a penal | ||||||
14 | institution or while in pre-trial detention in a county jail, | ||||||
15 | the sentence imposed upon conviction for the offense of | ||||||
16 | possessing contraband in a penal institution shall be served | ||||||
17 | consecutively to the sentence imposed for the offense in which | ||||||
18 | the person is serving sentence in the county jail or serving | ||||||
19 | pretrial detention, regardless of the order in which the | ||||||
20 | judgments of conviction are entered. | ||||||
21 | (Source: P.A. 94-556, eff. 9-11-05; 94-985, eff. 1-1-07; | ||||||
22 | 95-379, eff. 8-23-07; 95-766, eff. 1-1-09.)
| ||||||
23 | (730 ILCS 5/5-8-5) (from Ch. 38, par. 1005-8-5)
| ||||||
24 | Sec. 5-8-5. Commitment of the Offender.
Upon rendition of | ||||||
25 | judgment after pronouncement of a sentence of periodic
|
| |||||||
| |||||||
1 | imprisonment or , imprisonment, or death, the court shall commit | ||||||
2 | the
offender
to the custody of the sheriff or to the Department | ||||||
3 | of Corrections. A
sheriff in executing an order for commitment | ||||||
4 | to the Department
of Corrections shall convey such offender to | ||||||
5 | the nearest receiving station
designated by the Department of | ||||||
6 | Corrections. The court may commit the
offender to the custody | ||||||
7 | of the Attorney General of the United States under
Section | ||||||
8 | 5-8-6 when a sentence for a State offense provides that such
| ||||||
9 | sentence is to run concurrently with a previous and unexpired | ||||||
10 | federal
sentence. The expense of conveying a person committed | ||||||
11 | by the juvenile court
or an offender convicted of a felony | ||||||
12 | shall be paid by the State. The expenses
in all other cases | ||||||
13 | shall be paid by the county of the committing court.
| ||||||
14 | (Source: P.A. 84-551.)
| ||||||
15 | Section 90. The Code of Civil Procedure is amended by | ||||||
16 | changing Sections
10-103 and 10-136 as follows:
| ||||||
17 | (735 ILCS 5/10-103) (from Ch. 110, par. 10-103)
| ||||||
18 | Sec. 10-103. Application. Application for the relief shall | ||||||
19 | be made to
the Supreme Court or to the
circuit court of the | ||||||
20 | county in which the person in whose behalf the
application is | ||||||
21 | made, is imprisoned or restrained, or to the circuit
court of | ||||||
22 | the county from which such person was sentenced or committed.
| ||||||
23 | Application shall be made by complaint signed by the person for | ||||||
24 | whose
relief it is intended, or by some person in his or her |
| |||||||
| |||||||
1 | behalf, and verified by
affidavit. Application for relief under | ||||||
2 | this Article may not be commenced on
behalf of a person who has | ||||||
3 | been sentenced to death without the written consent
of that | ||||||
4 | person, unless the person, because of a mental or physical | ||||||
5 | condition,
is incapable of asserting his or her own claim.
| ||||||
6 | (Source: P.A. 89-684, eff. 6-1-97.)
| ||||||
7 | (735 ILCS 5/10-136) (from Ch. 110, par. 10-136)
| ||||||
8 | Sec. 10-136. Prisoner remanded or punished. After a | ||||||
9 | prisoner has given
his or her testimony, or been
surrendered, | ||||||
10 | or his or her bail discharged, or he or she has been tried
for | ||||||
11 | the crime with which he or she is charged, he or she shall be | ||||||
12 | returned
to the jail or other place of confinement from which | ||||||
13 | he or she was taken
for that purpose.
If such prisoner is | ||||||
14 | convicted of a crime punishable with death
or imprisonment in | ||||||
15 | the penitentiary, he or she may be punished accordingly;
but
in | ||||||
16 | any case where the prisoner has been taken from the
| ||||||
17 | penitentiary, and his or her punishment is by imprisonment, the | ||||||
18 | time of such
imprisonment shall not commence to run until the | ||||||
19 | expiration of the time
of service under any former sentence.
| ||||||
20 | (Source: P.A. 82-280.)
| ||||||
21 | Section 95. No acceleration or delay. Where this Act makes | ||||||
22 | changes in a statute that is represented in this Act by text | ||||||
23 | that is not yet or no longer in effect (for example, a Section | ||||||
24 | represented by multiple versions), the use of that text does |
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1 | not accelerate or delay the taking effect of (i) the changes | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
2 | made by this Act or (ii) provisions derived from any other | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
3 | Public Act.
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4 | Section 100. Death sentences carried out before abolition | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
5 | of the death penalty. A public officer or employee is not | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
6 | criminally or civilly liable for his or her act or omission in | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
7 | the execution or enforcement of a sentence of death that was | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
8 | lawful and carried out before the effective date of this Act | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
9 | unless such act or omission constituted willful and wanton | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
10 | conduct.
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
11 | Section 105. Capital Litigation Trust Fund expenditures | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
12 | validated. Expenditures of moneys from the Capital Litigation | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
13 | Trust Fund for expenses authorized under the Capital Crimes | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
14 | Litigation Act before its repeal by this Act are not | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
15 | invalidated by the repeal of the Capital Crimes Litigation Act.
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
16 | Section 999. Effective date. This Act takes effect upon | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
17 | becoming law.
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