Bill Text: IL HB2578 | 2023-2024 | 103rd General Assembly | Introduced

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Bill Title: Amends the Criminal Code of 2012. Increases penalties for unlawful use or possession of weapons by felons or persons in the custody of the Department of Corrections facilities. Provides that a person commits unlawful sale or delivery of firearms when he or she knowingly: (1) sells or gives a firearm to a person who has been convicted of a felony or who is a streetgang member or (2) sells or gives a firearm that has been purchased or acquired out of state to a person who has been convicted of a felony or is a streetgang member. Provides that a violation is a Class 1 felony. Provides that a second or subsequent violation is non-probationable. Amends the Unified Code of Corrections. Deletes a provision that the first offense had to be committed when the person was 21 years of age or older to be adjudged a habitual criminal. Provides that a person who attained the age of 18 at the time of the third offense may be adjudged a habitual criminal. In the Class X sentencing provision for a defendant over 21 years of age who is convicted of a Class 1 or Class 2 felony after twice being convicted of a Class 1 or Class 2 felony, deletes a provision that the first offense had to be committed when the person was 21 years of age or older and deletes a provision that the offenses had to be forcible felonies. Exempts theft from this calculation.

Spectrum: Partisan Bill (Republican 24-0)

Status: (Introduced) 2023-03-23 - Added Co-Sponsor Rep. Wayne A Rosenthal [HB2578 Detail]

Download: Illinois-2023-HB2578-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2578 Introduced , by Rep. John M. Cabello SYNOPSIS AS INTRODUCED:
720 ILCS 5/24-1.1 from Ch. 38, par. 24-1.1
720 ILCS 5/24-3 from Ch. 38, par. 24-3
730 ILCS 5/5-4.5-95
730 ILCS 5/5-5-3
Amends the Criminal Code of 2012. Increases penalties for unlawful use or possession of weapons by felons or persons in the custody of the Department of Corrections facilities. Provides that a person commits unlawful sale or delivery of firearms when he or she knowingly: (1) sells or gives a firearm to a person who has been convicted of a felony or who is a streetgang member or (2) sells or gives a firearm that has been purchased or acquired out of state to a person who has been convicted of a felony or is a streetgang member. Provides that a violation is a Class 1 felony. Provides that a second or subsequent violation is non-probationable. Amends the Unified Code of Corrections. Deletes a provision that the first offense had to be committed when the person was 21 years of age or older to be adjudged a habitual criminal. Provides that a person who attained the age of 18 at the time of the third offense may be adjudged a habitual criminal. In the Class X sentencing provision for a defendant over 21 years of age who is convicted of a Class 1 or Class 2 felony after twice being convicted of a Class 1 or Class 2 felony, deletes a provision that the first offense had to be committed when the person was 21 years of age or older and deletes a provision that the offenses had to be forcible felonies. Exempts theft from this calculation.
LRB103 29579 RLC 55974 b
A BILL FOR
HB2578 LRB103 29579 RLC 55974 b
AN ACT concerning criminal law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Criminal Code of 2012 is amended by
changing Sections 24-1.1 and 24-3 as follows:
(720 ILCS 5/24-1.1) (from Ch. 38, par. 24-1.1)
Sec. 24-1.1. Unlawful use or possession of weapons by
felons or persons in the custody of the Department of
Corrections facilities.
(a) It is unlawful for a person to knowingly possess on or
about his person or on his land or in his own abode or fixed
place of business any weapon prohibited under Section 24-1 of
this Act or any firearm or any firearm ammunition if the person
has been convicted of a felony under the laws of this State or
any other jurisdiction. This Section shall not apply if the
person has been granted relief by the Director of the Illinois
State Police under Section 10 of the Firearm Owners
Identification Card Act.
(b) It is unlawful for any person confined in a penal
institution, which is a facility of the Illinois Department of
Corrections, to possess any weapon prohibited under Section
24-1 of this Code or any firearm or firearm ammunition,
regardless of the intent with which he possesses it.

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(c) It shall be an affirmative defense to a violation of
subsection (b), that such possession was specifically
authorized by rule, regulation, or directive of the Illinois
Department of Corrections or order issued pursuant thereto.
(d) The defense of necessity is not available to a person
who is charged with a violation of subsection (b) of this
Section.
(e) Sentence. Violation of this Section by a person not
confined in a penal institution shall be a Class 1 3 felony for
which the person shall be sentenced to no less than 4 2 years
and no more than 15 10 years. A second or subsequent violation
of this Section shall be a Class X 2 felony for which the
person shall be sentenced to a term of imprisonment of not less
than 6 3 years and not more than 30 14 years, except as
provided for in Section 5-4.5-110 of the Unified Code of
Corrections. Violation of this Section by a person not
confined in a penal institution who has been convicted of a
forcible felony, a felony violation of Article 24 of this Code
or of the Firearm Owners Identification Card Act, stalking or
aggravated stalking, or a Class 2 or greater felony under the
Illinois Controlled Substances Act, the Cannabis Control Act,
or the Methamphetamine Control and Community Protection Act is
a Class X 2 felony for which the person shall be sentenced to
not less than 6 3 years and not more than 30 14 years, except
as provided for in Section 5-4.5-110 of the Unified Code of
Corrections. Violation of this Section by a person who is on

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parole or mandatory supervised release is a Class X 2 felony
for which the person shall be sentenced to not less than 6 3
years and not more than 30 14 years, except as provided for in
Section 5-4.5-110 of the Unified Code of Corrections.
Violation of this Section by a person not confined in a penal
institution is a Class X felony when the firearm possessed is a
machine gun for which the person shall be sentenced to no less
than 10 years and no more than 60 years. Any person who
violates this Section while confined in a penal institution,
which is a facility of the Illinois Department of Corrections,
is guilty of a Class 1 felony, if he possesses any weapon
prohibited under Section 24-1 of this Code regardless of the
intent with which he possesses it, a Class X felony if he
possesses any firearm, firearm ammunition or explosive, and a
Class X felony for which the offender shall be sentenced to not
less than 12 years and not more than 50 years when the firearm
possessed is a machine gun. A violation of this Section while
wearing or in possession of body armor as defined in Section
33F-1 is a Class X felony punishable by a term of imprisonment
of not less than 10 years and not more than 60 40 years. The
possession of each firearm or firearm ammunition in violation
of this Section constitutes a single and separate violation.
(Source: P.A. 102-538, eff. 8-20-21.)
(720 ILCS 5/24-3) (from Ch. 38, par. 24-3)
Sec. 24-3. Unlawful sale or delivery of firearms.

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(A) A person commits the offense of unlawful sale or
delivery of firearms when he or she knowingly does any of the
following:
(a) Sells or gives any firearm of a size which may be
concealed upon the person to any person under 18 years of
age.
(b) Sells or gives any firearm to a person under 21
years of age who has been convicted of a misdemeanor other
than a traffic offense or adjudged delinquent.
(c) Sells or gives any firearm to any narcotic addict.
(d) Sells or gives any firearm to any person who has
been convicted of a felony under the laws of this or any
other jurisdiction.
(e) Sells or gives any firearm to any person who has
been a patient in a mental institution within the past 5
years. In this subsection (e):
"Mental institution" means any hospital,
institution, clinic, evaluation facility, mental
health center, or part thereof, which is used
primarily for the care or treatment of persons with
mental illness.
"Patient in a mental institution" means the person
was admitted, either voluntarily or involuntarily, to
a mental institution for mental health treatment,
unless the treatment was voluntary and solely for an
alcohol abuse disorder and no other secondary

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substance abuse disorder or mental illness.
(f) Sells or gives any firearms to any person who is a
person with an intellectual disability.
(g) Delivers any firearm, incidental to a sale,
without withholding delivery of the firearm for at least
72 hours after application for its purchase has been made,
or delivers a stun gun or taser, incidental to a sale,
without withholding delivery of the stun gun or taser for
at least 24 hours after application for its purchase has
been made. However, this paragraph (g) does not apply to:
(1) the sale of a firearm to a law enforcement officer if
the seller of the firearm knows that the person to whom he
or she is selling the firearm is a law enforcement officer
or the sale of a firearm to a person who desires to
purchase a firearm for use in promoting the public
interest incident to his or her employment as a bank
guard, armed truck guard, or other similar employment; (2)
a mail order sale of a firearm from a federally licensed
firearms dealer to a nonresident of Illinois under which
the firearm is mailed to a federally licensed firearms
dealer outside the boundaries of Illinois; (3) (blank);
(4) the sale of a firearm to a dealer licensed as a federal
firearms dealer under Section 923 of the federal Gun
Control Act of 1968 (18 U.S.C. 923); or (5) the transfer or
sale of any rifle, shotgun, or other long gun to a resident
registered competitor or attendee or non-resident

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registered competitor or attendee by any dealer licensed
as a federal firearms dealer under Section 923 of the
federal Gun Control Act of 1968 at competitive shooting
events held at the World Shooting Complex sanctioned by a
national governing body. For purposes of transfers or
sales under subparagraph (5) of this paragraph (g), the
Department of Natural Resources shall give notice to the
Illinois State Police at least 30 calendar days prior to
any competitive shooting events at the World Shooting
Complex sanctioned by a national governing body. The
notification shall be made on a form prescribed by the
Illinois State Police. The sanctioning body shall provide
a list of all registered competitors and attendees at
least 24 hours before the events to the Illinois State
Police. Any changes to the list of registered competitors
and attendees shall be forwarded to the Illinois State
Police as soon as practicable. The Illinois State Police
must destroy the list of registered competitors and
attendees no later than 30 days after the date of the
event. Nothing in this paragraph (g) relieves a federally
licensed firearm dealer from the requirements of
conducting a NICS background check through the Illinois
Point of Contact under 18 U.S.C. 922(t). For purposes of
this paragraph (g), "application" means when the buyer and
seller reach an agreement to purchase a firearm. For
purposes of this paragraph (g), "national governing body"

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means a group of persons who adopt rules and formulate
policy on behalf of a national firearm sporting
organization.
(h) While holding any license as a dealer, importer,
manufacturer or pawnbroker under the federal Gun Control
Act of 1968, manufactures, sells or delivers to any
unlicensed person a handgun having a barrel, slide, frame
or receiver which is a die casting of zinc alloy or any
other nonhomogeneous metal which will melt or deform at a
temperature of less than 800 degrees Fahrenheit. For
purposes of this paragraph, (1) "firearm" is defined as in
the Firearm Owners Identification Card Act; and (2)
"handgun" is defined as a firearm designed to be held and
fired by the use of a single hand, and includes a
combination of parts from which such a firearm can be
assembled.
(i) Sells or gives a firearm of any size to any person
under 18 years of age who does not possess a valid Firearm
Owner's Identification Card.
(j) Sells or gives a firearm while engaged in the
business of selling firearms at wholesale or retail
without being licensed as a federal firearms dealer under
Section 923 of the federal Gun Control Act of 1968 (18
U.S.C. 923). In this paragraph (j):
A person "engaged in the business" means a person who
devotes time, attention, and labor to engaging in the

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activity as a regular course of trade or business with the
principal objective of livelihood and profit, but does not
include a person who makes occasional repairs of firearms
or who occasionally fits special barrels, stocks, or
trigger mechanisms to firearms.
"With the principal objective of livelihood and
profit" means that the intent underlying the sale or
disposition of firearms is predominantly one of obtaining
livelihood and pecuniary gain, as opposed to other
intents, such as improving or liquidating a personal
firearms collection; however, proof of profit shall not be
required as to a person who engages in the regular and
repetitive purchase and disposition of firearms for
criminal purposes or terrorism.
(k) Sells or transfers ownership of a firearm to a
person who does not display to the seller or transferor of
the firearm either: (1) a currently valid Firearm Owner's
Identification Card that has previously been issued in the
transferee's name by the Illinois State Police under the
provisions of the Firearm Owners Identification Card Act;
or (2) a currently valid license to carry a concealed
firearm that has previously been issued in the
transferee's name by the Illinois State Police under the
Firearm Concealed Carry Act. This paragraph (k) does not
apply to the transfer of a firearm to a person who is
exempt from the requirement of possessing a Firearm

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Owner's Identification Card under Section 2 of the Firearm
Owners Identification Card Act. For the purposes of this
Section, a currently valid Firearm Owner's Identification
Card or license to carry a concealed firearm means receipt
of an approval number issued in accordance with subsection
(a-10) of Section 3 or Section 3.1 of the Firearm Owners
Identification Card Act.
(1) In addition to the other requirements of this
paragraph (k), all persons who are not federally
licensed firearms dealers must also have complied with
subsection (a-10) of Section 3 of the Firearm Owners
Identification Card Act by determining the validity of
a purchaser's Firearm Owner's Identification Card.
(2) All sellers or transferors who have complied
with the requirements of subparagraph (1) of this
paragraph (k) shall not be liable for damages in any
civil action arising from the use or misuse by the
transferee of the firearm transferred, except for
willful or wanton misconduct on the part of the seller
or transferor.
(l) Not being entitled to the possession of a firearm,
delivers the firearm, knowing it to have been stolen or
converted. It may be inferred that a person who possesses
a firearm with knowledge that its serial number has been
removed or altered has knowledge that the firearm is
stolen or converted.

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(m) Sells or gives a firearm to a person who has been
convicted of a felony or who is a streetgang member.
(n) Sells or gives a firearm that has been purchased
or acquired out of state to a person who has been convicted
of a felony or who is a streetgang member.
(B) Paragraph (h) of subsection (A) does not include
firearms sold within 6 months after enactment of Public Act
78-355 (approved August 21, 1973, effective October 1, 1973),
nor is any firearm legally owned or possessed by any citizen or
purchased by any citizen within 6 months after the enactment
of Public Act 78-355 subject to confiscation or seizure under
the provisions of that Public Act. Nothing in Public Act
78-355 shall be construed to prohibit the gift or trade of any
firearm if that firearm was legally held or acquired within 6
months after the enactment of that Public Act.
(C) Sentence.
(1) Any person convicted of unlawful sale or delivery
of firearms in violation of paragraph (c), (e), (f), (g),
or (h) of subsection (A) commits a Class 4 felony.
(2) Any person convicted of unlawful sale or delivery
of firearms in violation of paragraph (b) or (i) of
subsection (A) commits a Class 3 felony.
(3) Any person convicted of unlawful sale or delivery
of firearms in violation of paragraph (a) of subsection
(A) commits a Class 2 felony.
(4) Any person convicted of unlawful sale or delivery

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of firearms in violation of paragraph (a), (b), or (i) of
subsection (A) in any school, on the real property
comprising a school, within 1,000 feet of the real
property comprising a school, at a school related
activity, or on or within 1,000 feet of any conveyance
owned, leased, or contracted by a school or school
district to transport students to or from school or a
school related activity, regardless of the time of day or
time of year at which the offense was committed, commits a
Class 1 felony. Any person convicted of a second or
subsequent violation of unlawful sale or delivery of
firearms in violation of paragraph (a), (b), or (i) of
subsection (A) in any school, on the real property
comprising a school, within 1,000 feet of the real
property comprising a school, at a school related
activity, or on or within 1,000 feet of any conveyance
owned, leased, or contracted by a school or school
district to transport students to or from school or a
school related activity, regardless of the time of day or
time of year at which the offense was committed, commits a
Class 1 felony for which the sentence shall be a term of
imprisonment of no less than 5 years and no more than 15
years.
(5) Any person convicted of unlawful sale or delivery
of firearms in violation of paragraph (a) or (i) of
subsection (A) in residential property owned, operated, or

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managed by a public housing agency or leased by a public
housing agency as part of a scattered site or mixed-income
development, in a public park, in a courthouse, on
residential property owned, operated, or managed by a
public housing agency or leased by a public housing agency
as part of a scattered site or mixed-income development,
on the real property comprising any public park, on the
real property comprising any courthouse, or on any public
way within 1,000 feet of the real property comprising any
public park, courthouse, or residential property owned,
operated, or managed by a public housing agency or leased
by a public housing agency as part of a scattered site or
mixed-income development commits a Class 2 felony.
(6) Any person convicted of unlawful sale or delivery
of firearms in violation of paragraph (j) of subsection
(A) commits a Class A misdemeanor. A second or subsequent
violation is a Class 4 felony.
(7) Any person convicted of unlawful sale or delivery
of firearms in violation of paragraph (k) of subsection
(A) commits a Class 4 felony, except that a violation of
subparagraph (1) of paragraph (k) of subsection (A) shall
not be punishable as a crime or petty offense. A third or
subsequent conviction for a violation of paragraph (k) of
subsection (A) is a Class 1 felony.
(8) A person 18 years of age or older convicted of
unlawful sale or delivery of firearms in violation of

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paragraph (a) or (i) of subsection (A), when the firearm
that was sold or given to another person under 18 years of
age was used in the commission of or attempt to commit a
forcible felony, shall be fined or imprisoned, or both,
not to exceed the maximum provided for the most serious
forcible felony so committed or attempted by the person
under 18 years of age who was sold or given the firearm.
(9) Any person convicted of unlawful sale or delivery
of firearms in violation of paragraph (d) of subsection
(A) commits a Class 3 felony.
(10) Any person convicted of unlawful sale or delivery
of firearms in violation of paragraph (l) of subsection
(A) commits a Class 2 felony if the delivery is of one
firearm. Any person convicted of unlawful sale or delivery
of firearms in violation of paragraph (l) of subsection
(A) commits a Class 1 felony if the delivery is of not less
than 2 and not more than 5 firearms at the same time or
within a one-year period. Any person convicted of unlawful
sale or delivery of firearms in violation of paragraph (l)
of subsection (A) commits a Class X felony for which he or
she shall be sentenced to a term of imprisonment of not
less than 6 years and not more than 30 years if the
delivery is of not less than 6 and not more than 10
firearms at the same time or within a 2-year period. Any
person convicted of unlawful sale or delivery of firearms
in violation of paragraph (l) of subsection (A) commits a

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Class X felony for which he or she shall be sentenced to a
term of imprisonment of not less than 6 years and not more
than 40 years if the delivery is of not less than 11 and
not more than 20 firearms at the same time or within a
3-year period. Any person convicted of unlawful sale or
delivery of firearms in violation of paragraph (l) of
subsection (A) commits a Class X felony for which he or she
shall be sentenced to a term of imprisonment of not less
than 6 years and not more than 50 years if the delivery is
of not less than 21 and not more than 30 firearms at the
same time or within a 4-year period. Any person convicted
of unlawful sale or delivery of firearms in violation of
paragraph (l) of subsection (A) commits a Class X felony
for which he or she shall be sentenced to a term of
imprisonment of not less than 6 years and not more than 60
years if the delivery is of 31 or more firearms at the same
time or within a 5-year period.
(11) Any person convicted of unlawful sale or delivery
of firearms in violation of paragraph (m) or (n) of
subsection (A) commits a Class 1 felony.
(D) For purposes of this Section:
"School" means a public or private elementary or secondary
school, community college, college, or university.
"School related activity" means any sporting, social,
academic, or other activity for which students' attendance or
participation is sponsored, organized, or funded in whole or

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in part by a school or school district.
(E) A prosecution for a violation of paragraph (k) of
subsection (A) of this Section may be commenced within 6 years
after the commission of the offense. A prosecution for a
violation of this Section other than paragraph (g) of
subsection (A) of this Section may be commenced within 5 years
after the commission of the offense defined in the particular
paragraph.
(Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21;
102-813, eff. 5-13-22.)
Section 10. The Unified Code of Corrections is amended by
changing Sections 5-4.5-95 and 5-5-3 as follows:
(730 ILCS 5/5-4.5-95)
Sec. 5-4.5-95. GENERAL RECIDIVISM PROVISIONS.
(a) HABITUAL CRIMINALS.
(1) Every person who has been twice convicted in any
state or federal court of an offense that contains the
same elements as an offense now (the date of the offense
committed after the 2 prior convictions) classified in
Illinois as a Class X felony, criminal sexual assault,
aggravated kidnapping, or first degree murder, and who is
thereafter convicted of a Class X felony, criminal sexual
assault, or first degree murder, committed after the 2
prior convictions, shall be adjudged an habitual criminal.

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(2) The 2 prior convictions need not have been for the
same offense.
(3) Any convictions that result from or are connected
with the same transaction, or result from offenses
committed at the same time, shall be counted for the
purposes of this Section as one conviction.
(4) This Section does not apply unless each of the
following requirements are satisfied:
(A) The third offense was committed after July 3,
1980.
(B) The third offense was committed within 20
years of the date that judgment was entered on the
first conviction; provided, however, that time spent
in custody shall not be counted.
(C) The third offense was committed after
conviction on the second offense.
(D) The second offense was committed after
conviction on the first offense.
(E) (Blank). The first offense was committed when
the person was 21 years of age or older.
(5) Anyone who, having attained the age of 18 at the
time of the third offense, is adjudged an habitual
criminal shall be sentenced to a term of natural life
imprisonment.
(6) A prior conviction shall not be alleged in the
indictment, and no evidence or other disclosure of that

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conviction shall be presented to the court or the jury
during the trial of an offense set forth in this Section
unless otherwise permitted by the issues properly raised
in that trial. After a plea or verdict or finding of guilty
and before sentence is imposed, the prosecutor may file
with the court a verified written statement signed by the
State's Attorney concerning any former conviction of an
offense set forth in this Section rendered against the
defendant. The court shall then cause the defendant to be
brought before it; shall inform the defendant of the
allegations of the statement so filed, and of his or her
right to a hearing before the court on the issue of that
former conviction and of his or her right to counsel at
that hearing; and unless the defendant admits such
conviction, shall hear and determine the issue, and shall
make a written finding thereon. If a sentence has
previously been imposed, the court may vacate that
sentence and impose a new sentence in accordance with this
Section.
(7) A duly authenticated copy of the record of any
alleged former conviction of an offense set forth in this
Section shall be prima facie evidence of that former
conviction; and a duly authenticated copy of the record of
the defendant's final release or discharge from probation
granted, or from sentence and parole supervision (if any)
imposed pursuant to that former conviction, shall be prima

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facie evidence of that release or discharge.
(8) Any claim that a previous conviction offered by
the prosecution is not a former conviction of an offense
set forth in this Section because of the existence of any
exceptions described in this Section, is waived unless
duly raised at the hearing on that conviction, or unless
the prosecution's proof shows the existence of the
exceptions described in this Section.
(9) If the person so convicted shows to the
satisfaction of the court before whom that conviction was
had that he or she was released from imprisonment, upon
either of the sentences upon a pardon granted for the
reason that he or she was innocent, that conviction and
sentence shall not be considered under this Section.
(b) When a defendant, over the age of 21 years, is
convicted of a Class 1 or Class 2 forcible felony, except for
an offense listed in subsection (d) of this Section, after
having twice been convicted in any state or federal court of an
offense that contains the same elements as an offense now (the
date the Class 1 or Class 2 forcible felony was committed)
classified in Illinois as a Class 2 or greater Class forcible
felony, except for an offense listed in subsection (d) of this
Section, and those charges are separately brought and tried
and arise out of different series of acts, that defendant
shall be sentenced as a Class X offender. This subsection does
not apply unless:

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(1) the first forcible felony was committed after
February 1, 1978 (the effective date of Public Act
80-1099);
(2) the second forcible felony was committed after
conviction on the first;
(3) the third forcible felony was committed after
conviction on the second; and
(4) (blank). the first offense was committed when the
person was 21 years of age or older.
(c) (Blank).
(d) Subsection (b) of this Section does not apply to Class
1 or Class 2 felony convictions for a violation of Section 16-1
of the Criminal Code of 2012.
A person sentenced as a Class X offender under this
subsection (b) is not eligible to apply for treatment as a
condition of probation as provided by Section 40-10 of the
Substance Use Disorder Act (20 ILCS 301/40-10).
(Source: P.A. 100-3, eff. 1-1-18; 100-759, eff. 1-1-19;
101-652, eff. 7-1-21.)
(730 ILCS 5/5-5-3)
Sec. 5-5-3. Disposition.
(a) (Blank).
(b) (Blank).
(c) (1) (Blank).
(2) A period of probation, a term of periodic imprisonment

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or conditional discharge shall not be imposed for the
following offenses. The court shall sentence the offender to
not less than the minimum term of imprisonment set forth in
this Code for the following offenses, and may order a fine or
restitution or both in conjunction with such term of
imprisonment:
(A) First degree murder where the death penalty is not
imposed.
(B) Attempted first degree murder.
(C) A Class X felony.
(D) A violation of Section 401.1 or 407 of the
Illinois Controlled Substances Act, or a violation of
subdivision (c)(1.5) of Section 401 of that Act which
relates to more than 5 grams of a substance containing
fentanyl or an analog thereof.
(D-5) A violation of subdivision (c)(1) of Section 401
of the Illinois Controlled Substances Act which relates to
3 or more grams of a substance containing heroin or an
analog thereof.
(E) (Blank).
(F) A Class 1 or greater felony if the offender had
been convicted of a Class 1 or greater felony, including
any state or federal conviction for an offense that
contained, at the time it was committed, the same elements
as an offense now (the date of the offense committed after
the prior Class 1 or greater felony) classified as a Class

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1 or greater felony, within 10 years of the date on which
the offender committed the offense for which he or she is
being sentenced, except as otherwise provided in Section
40-10 of the Substance Use Disorder Act.
(F-3) A Class 2 or greater felony sex offense or
felony firearm offense if the offender had been convicted
of a Class 2 or greater felony, including any state or
federal conviction for an offense that contained, at the
time it was committed, the same elements as an offense now
(the date of the offense committed after the prior Class 2
or greater felony) classified as a Class 2 or greater
felony, within 10 years of the date on which the offender
committed the offense for which he or she is being
sentenced, except as otherwise provided in Section 40-10
of the Substance Use Disorder Act.
(F-5) A violation of Section 24-1, 24-1.1, or 24-1.6
of the Criminal Code of 1961 or the Criminal Code of 2012
for which imprisonment is prescribed in those Sections.
(G) Residential burglary, except as otherwise provided
in Section 40-10 of the Substance Use Disorder Act.
(H) Criminal sexual assault.
(I) Aggravated battery of a senior citizen as
described in Section 12-4.6 or subdivision (a)(4) of
Section 12-3.05 of the Criminal Code of 1961 or the
Criminal Code of 2012.
(J) A forcible felony if the offense was related to

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the activities of an organized gang.
Before July 1, 1994, for the purposes of this
paragraph, "organized gang" means an association of 5 or
more persons, with an established hierarchy, that
encourages members of the association to perpetrate crimes
or provides support to the members of the association who
do commit crimes.
Beginning July 1, 1994, for the purposes of this
paragraph, "organized gang" has the meaning ascribed to it
in Section 10 of the Illinois Streetgang Terrorism Omnibus
Prevention Act.
(K) Vehicular hijacking.
(L) A second or subsequent conviction for the offense
of hate crime when the underlying offense upon which the
hate crime is based is felony aggravated assault or felony
mob action.
(M) A second or subsequent conviction for the offense
of institutional vandalism if the damage to the property
exceeds $300.
(N) A Class 3 felony violation of paragraph (1) of
subsection (a) of Section 2 of the Firearm Owners
Identification Card Act.
(O) A violation of Section 12-6.1 or 12-6.5 of the
Criminal Code of 1961 or the Criminal Code of 2012.
(P) A violation of paragraph (1), (2), (3), (4), (5),
or (7) of subsection (a) of Section 11-20.1 of the

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Criminal Code of 1961 or the Criminal Code of 2012.
(P-5) A violation of paragraph (6) of subsection (a)
of Section 11-20.1 of the Criminal Code of 1961 or the
Criminal Code of 2012 if the victim is a household or
family member of the defendant.
(Q) A violation of subsection (b) or (b-5) of Section
20-1, Section 20-1.2, or Section 20-1.3 of the Criminal
Code of 1961 or the Criminal Code of 2012.
(R) A violation of Section 24-3A of the Criminal Code
of 1961 or the Criminal Code of 2012.
(S) (Blank).
(T) (Blank).
(U) A second or subsequent violation of Section 6-303
of the Illinois Vehicle Code committed while his or her
driver's license, permit, or privilege was revoked because
of a violation of Section 9-3 of the Criminal Code of 1961
or the Criminal Code of 2012, relating to the offense of
reckless homicide, or a similar provision of a law of
another state.
(V) A violation of paragraph (4) of subsection (c) of
Section 11-20.1B or paragraph (4) of subsection (c) of
Section 11-20.3 of the Criminal Code of 1961, or paragraph
(6) of subsection (a) of Section 11-20.1 of the Criminal
Code of 2012 when the victim is under 13 years of age and
the defendant has previously been convicted under the laws
of this State or any other state of the offense of child

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

HB2578 - 25 - LRB103 29579 RLC 55974 b
(DD) A conviction for aggravated assault under
paragraph (6) of subsection (c) of Section 12-2 of the
Criminal Code of 1961 or the Criminal Code of 2012 if the
firearm is aimed toward the person against whom the
firearm is being used.
(EE) A conviction for a violation of paragraph (2) of
subsection (a) of Section 24-3B of the Criminal Code of
2012.
(FF) A second or subsequent conviction for a violation
of paragraph (m) or (n) of subsection (A) of Section 24-3
of the Criminal Code of 2012.
(3) (Blank).
(4) A minimum term of imprisonment of not less than 10
consecutive days or 30 days of community service shall be
imposed for a violation of paragraph (c) of Section 6-303 of
the Illinois Vehicle Code.
(4.1) (Blank).
(4.2) Except as provided in paragraphs (4.3) and (4.8) of
this subsection (c), a minimum of 100 hours of community
service shall be imposed for a second violation of Section
6-303 of the Illinois Vehicle Code.
(4.3) A minimum term of imprisonment of 30 days or 300
hours of community service, as determined by the court, shall
be imposed for a second violation of subsection (c) of Section
6-303 of the Illinois Vehicle Code.
(4.4) Except as provided in paragraphs (4.5), (4.6), and

HB2578 - 26 - LRB103 29579 RLC 55974 b
(4.9) of this subsection (c), a minimum term of imprisonment
of 30 days or 300 hours of community service, as determined by
the court, shall be imposed for a third or subsequent
violation of Section 6-303 of the Illinois Vehicle Code. The
court may give credit toward the fulfillment of community
service hours for participation in activities and treatment as
determined by court services.
(4.5) A minimum term of imprisonment of 30 days shall be
imposed for a third violation of subsection (c) of Section
6-303 of the Illinois Vehicle Code.
(4.6) Except as provided in paragraph (4.10) of this
subsection (c), a minimum term of imprisonment of 180 days
shall be imposed for a fourth or subsequent violation of
subsection (c) of Section 6-303 of the Illinois Vehicle Code.
(4.7) A minimum term of imprisonment of not less than 30
consecutive days, or 300 hours of community service, shall be
imposed for a violation of subsection (a-5) of Section 6-303
of the Illinois Vehicle Code, as provided in subsection (b-5)
of that Section.
(4.8) A mandatory prison sentence shall be imposed for a
second violation of subsection (a-5) of Section 6-303 of the
Illinois Vehicle Code, as provided in subsection (c-5) of that
Section. The person's driving privileges shall be revoked for
a period of not less than 5 years from the date of his or her
release from prison.
(4.9) A mandatory prison sentence of not less than 4 and

HB2578 - 27 - LRB103 29579 RLC 55974 b
not more than 15 years shall be imposed for a third violation
of subsection (a-5) of Section 6-303 of the Illinois Vehicle
Code, as provided in subsection (d-2.5) of that Section. The
person's driving privileges shall be revoked for the remainder
of his or her life.
(4.10) A mandatory prison sentence for a Class 1 felony
shall be imposed, and the person shall be eligible for an
extended term sentence, for a fourth or subsequent violation
of subsection (a-5) of Section 6-303 of the Illinois Vehicle
Code, as provided in subsection (d-3.5) of that Section. The
person's driving privileges shall be revoked for the remainder
of his or her life.
(5) The court may sentence a corporation or unincorporated
association convicted of any offense to:
(A) a period of conditional discharge;
(B) a fine;
(C) make restitution to the victim under Section 5-5-6
of this Code.
(5.1) In addition to any other penalties imposed, and
except as provided in paragraph (5.2) or (5.3), a person
convicted of violating subsection (c) of Section 11-907 of the
Illinois Vehicle Code shall have his or her driver's license,
permit, or privileges suspended for at least 90 days but not
more than one year, if the violation resulted in damage to the
property of another person.
(5.2) In addition to any other penalties imposed, and

HB2578 - 28 - LRB103 29579 RLC 55974 b
except as provided in paragraph (5.3), a person convicted of
violating subsection (c) of Section 11-907 of the Illinois
Vehicle Code shall have his or her driver's license, permit,
or privileges suspended for at least 180 days but not more than
2 years, if the violation resulted in injury to another
person.
(5.3) In addition to any other penalties imposed, a person
convicted of violating subsection (c) of Section 11-907 of the
Illinois Vehicle Code shall have his or her driver's license,
permit, or privileges suspended for 2 years, if the violation
resulted in the death of another person.
(5.4) In addition to any other penalties imposed, a person
convicted of violating Section 3-707 of the Illinois Vehicle
Code shall have his or her driver's license, permit, or
privileges suspended for 3 months and until he or she has paid
a reinstatement fee of $100.
(5.5) In addition to any other penalties imposed, a person
convicted of violating Section 3-707 of the Illinois Vehicle
Code during a period in which his or her driver's license,
permit, or privileges were suspended for a previous violation
of that Section shall have his or her driver's license,
permit, or privileges suspended for an additional 6 months
after the expiration of the original 3-month suspension and
until he or she has paid a reinstatement fee of $100.
(6) (Blank).
(7) (Blank).

HB2578 - 29 - LRB103 29579 RLC 55974 b
(8) (Blank).
(9) A defendant convicted of a second or subsequent
offense of ritualized abuse of a child may be sentenced to a
term of natural life imprisonment.
(10) (Blank).
(11) The court shall impose a minimum fine of $1,000 for a
first offense and $2,000 for a second or subsequent offense
upon a person convicted of or placed on supervision for
battery when the individual harmed was a sports official or
coach at any level of competition and the act causing harm to
the sports official or coach occurred within an athletic
facility or within the immediate vicinity of the athletic
facility at which the sports official or coach was an active
participant of the athletic contest held at the athletic
facility. For the purposes of this paragraph (11), "sports
official" means a person at an athletic contest who enforces
the rules of the contest, such as an umpire or referee;
"athletic facility" means an indoor or outdoor playing field
or recreational area where sports activities are conducted;
and "coach" means a person recognized as a coach by the
sanctioning authority that conducted the sporting event.
(12) A person may not receive a disposition of court
supervision for a violation of Section 5-16 of the Boat
Registration and Safety Act if that person has previously
received a disposition of court supervision for a violation of
that Section.

HB2578 - 30 - LRB103 29579 RLC 55974 b
(13) A person convicted of or placed on court supervision
for an assault or aggravated assault when the victim and the
offender are family or household members as defined in Section
103 of the Illinois Domestic Violence Act of 1986 or convicted
of domestic battery or aggravated domestic battery may be
required to attend a Partner Abuse Intervention Program under
protocols set forth by the Illinois Department of Human
Services under such terms and conditions imposed by the court.
The costs of such classes shall be paid by the offender.
(d) In any case in which a sentence originally imposed is
vacated, the case shall be remanded to the trial court. The
trial court shall hold a hearing under Section 5-4-1 of this
Code which may include evidence of the defendant's life, moral
character and occupation during the time since the original
sentence was passed. The trial court shall then impose
sentence upon the defendant. The trial court may impose any
sentence which could have been imposed at the original trial
subject to Section 5-5-4 of this Code. If a sentence is vacated
on appeal or on collateral attack due to the failure of the
trier of fact at trial to determine beyond a reasonable doubt
the existence of a fact (other than a prior conviction)
necessary to increase the punishment for the offense beyond
the statutory maximum otherwise applicable, either the
defendant may be re-sentenced to a term within the range
otherwise provided or, if the State files notice of its
intention to again seek the extended sentence, the defendant

HB2578 - 31 - LRB103 29579 RLC 55974 b
shall be afforded a new trial.
(e) In cases where prosecution for aggravated criminal
sexual abuse under Section 11-1.60 or 12-16 of the Criminal
Code of 1961 or the Criminal Code of 2012 results in conviction
of a defendant who was a family member of the victim at the
time of the commission of the offense, the court shall
consider the safety and welfare of the victim and may impose a
sentence of probation only where:
(1) the court finds (A) or (B) or both are
appropriate:
(A) the defendant is willing to undergo a court
approved counseling program for a minimum duration of
2 years; or
(B) the defendant is willing to participate in a
court approved plan, including, but not limited to,
the defendant's:
(i) removal from the household;
(ii) restricted contact with the victim;
(iii) continued financial support of the
family;
(iv) restitution for harm done to the victim;
and
(v) compliance with any other measures that
the court may deem appropriate; and
(2) the court orders the defendant to pay for the
victim's counseling services, to the extent that the court

HB2578 - 32 - LRB103 29579 RLC 55974 b
finds, after considering the defendant's income and
assets, that the defendant is financially capable of
paying for such services, if the victim was under 18 years
of age at the time the offense was committed and requires
counseling as a result of the offense.
Probation may be revoked or modified pursuant to Section
5-6-4; except where the court determines at the hearing that
the defendant violated a condition of his or her probation
restricting contact with the victim or other family members or
commits another offense with the victim or other family
members, the court shall revoke the defendant's probation and
impose a term of imprisonment.
For the purposes of this Section, "family member" and
"victim" shall have the meanings ascribed to them in Section
11-0.1 of the Criminal Code of 2012.
(f) (Blank).
(g) Whenever a defendant is convicted of an offense under
Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-14,
11-14.3, 11-14.4 except for an offense that involves keeping a
place of juvenile prostitution, 11-15, 11-15.1, 11-16, 11-17,
11-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 12-13, 12-14,
12-14.1, 12-15, or 12-16 of the Criminal Code of 1961 or the
Criminal Code of 2012, the defendant shall undergo medical
testing to determine whether the defendant has any sexually
transmissible disease, including a test for infection with
human immunodeficiency virus (HIV) or any other identified

HB2578 - 33 - LRB103 29579 RLC 55974 b
causative agent of acquired immunodeficiency syndrome (AIDS).
Any such medical test shall be performed only by appropriately
licensed medical practitioners and may include an analysis of
any bodily fluids as well as an examination of the defendant's
person. Except as otherwise provided by law, the results of
such test shall be kept strictly confidential by all medical
personnel involved in the testing and must be personally
delivered in a sealed envelope to the judge of the court in
which the conviction was entered for the judge's inspection in
camera. Acting in accordance with the best interests of the
victim and the public, the judge shall have the discretion to
determine to whom, if anyone, the results of the testing may be
revealed. The court shall notify the defendant of the test
results. The court shall also notify the victim if requested
by the victim, and if the victim is under the age of 15 and if
requested by the victim's parents or legal guardian, the court
shall notify the victim's parents or legal guardian of the
test results. The court shall provide information on the
availability of HIV testing and counseling at Department of
Public Health facilities to all parties to whom the results of
the testing are revealed and shall direct the State's Attorney
to provide the information to the victim when possible. The
court shall order that the cost of any such test shall be paid
by the county and may be taxed as costs against the convicted
defendant.
(g-5) When an inmate is tested for an airborne

HB2578 - 34 - LRB103 29579 RLC 55974 b
communicable disease, as determined by the Illinois Department
of Public Health, including, but not limited to, tuberculosis,
the results of the test shall be personally delivered by the
warden or his or her designee in a sealed envelope to the judge
of the court in which the inmate must appear for the judge's
inspection in camera if requested by the judge. Acting in
accordance with the best interests of those in the courtroom,
the judge shall have the discretion to determine what if any
precautions need to be taken to prevent transmission of the
disease in the courtroom.
(h) Whenever a defendant is convicted of an offense under
Section 1 or 2 of the Hypodermic Syringes and Needles Act, the
defendant shall undergo medical testing to determine whether
the defendant has been exposed to human immunodeficiency virus
(HIV) or any other identified causative agent of acquired
immunodeficiency syndrome (AIDS). Except as otherwise provided
by law, the results of such test shall be kept strictly
confidential by all medical personnel involved in the testing
and must be personally delivered in a sealed envelope to the
judge of the court in which the conviction was entered for the
judge's inspection in camera. Acting in accordance with the
best interests of the public, the judge shall have the
discretion to determine to whom, if anyone, the results of the
testing may be revealed. The court shall notify the defendant
of a positive test showing an infection with the human
immunodeficiency virus (HIV). The court shall provide

HB2578 - 35 - LRB103 29579 RLC 55974 b
information on the availability of HIV testing and counseling
at Department of Public Health facilities to all parties to
whom the results of the testing are revealed and shall direct
the State's Attorney to provide the information to the victim
when possible. The court shall order that the cost of any such
test shall be paid by the county and may be taxed as costs
against the convicted defendant.
(i) All fines and penalties imposed under this Section for
any violation of Chapters 3, 4, 6, and 11 of the Illinois
Vehicle Code, or a similar provision of a local ordinance, and
any violation of the Child Passenger Protection Act, or a
similar provision of a local ordinance, shall be collected and
disbursed by the circuit clerk as provided under the Criminal
and Traffic Assessment Act.
(j) In cases when prosecution for any violation of Section
11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-8, 11-9,
11-11, 11-14, 11-14.3, 11-14.4, 11-15, 11-15.1, 11-16, 11-17,
11-17.1, 11-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 11-20.1,
11-20.1B, 11-20.3, 11-21, 11-30, 11-40, 12-13, 12-14, 12-14.1,
12-15, or 12-16 of the Criminal Code of 1961 or the Criminal
Code of 2012, any violation of the Illinois Controlled
Substances Act, any violation of the Cannabis Control Act, or
any violation of the Methamphetamine Control and Community
Protection Act results in conviction, a disposition of court
supervision, or an order of probation granted under Section 10
of the Cannabis Control Act, Section 410 of the Illinois

HB2578 - 36 - LRB103 29579 RLC 55974 b
Controlled Substances Act, or Section 70 of the
Methamphetamine Control and Community Protection Act of a
defendant, the court shall determine whether the defendant is
employed by a facility or center as defined under the Child
Care Act of 1969, a public or private elementary or secondary
school, or otherwise works with children under 18 years of age
on a daily basis. When a defendant is so employed, the court
shall order the Clerk of the Court to send a copy of the
judgment of conviction or order of supervision or probation to
the defendant's employer by certified mail. If the employer of
the defendant is a school, the Clerk of the Court shall direct
the mailing of a copy of the judgment of conviction or order of
supervision or probation to the appropriate regional
superintendent of schools. The regional superintendent of
schools shall notify the State Board of Education of any
notification under this subsection.
(j-5) A defendant at least 17 years of age who is convicted
of a felony and who has not been previously convicted of a
misdemeanor or felony and who is sentenced to a term of
imprisonment in the Illinois Department of Corrections shall
as a condition of his or her sentence be required by the court
to attend educational courses designed to prepare the
defendant for a high school diploma and to work toward a high
school diploma or to work toward passing high school
equivalency testing or to work toward completing a vocational
training program offered by the Department of Corrections. If

HB2578 - 37 - LRB103 29579 RLC 55974 b
a defendant fails to complete the educational training
required by his or her sentence during the term of
incarceration, the Prisoner Review Board shall, as a condition
of mandatory supervised release, require the defendant, at his
or her own expense, to pursue a course of study toward a high
school diploma or passage of high school equivalency testing.
The Prisoner Review Board shall revoke the mandatory
supervised release of a defendant who wilfully fails to comply
with this subsection (j-5) upon his or her release from
confinement in a penal institution while serving a mandatory
supervised release term; however, the inability of the
defendant after making a good faith effort to obtain financial
aid or pay for the educational training shall not be deemed a
wilful failure to comply. The Prisoner Review Board shall
recommit the defendant whose mandatory supervised release term
has been revoked under this subsection (j-5) as provided in
Section 3-3-9. This subsection (j-5) does not apply to a
defendant who has a high school diploma or has successfully
passed high school equivalency testing. This subsection (j-5)
does not apply to a defendant who is determined by the court to
be a person with a developmental disability or otherwise
mentally incapable of completing the educational or vocational
program.
(k) (Blank).
(l) (A) Except as provided in paragraph (C) of subsection
(l), whenever a defendant, who is not a citizen or national of

HB2578 - 38 - LRB103 29579 RLC 55974 b
the United States, is convicted of any felony or misdemeanor
offense, the court after sentencing the defendant may, upon
motion of the State's Attorney, hold sentence in abeyance and
remand the defendant to the custody of the Attorney General of
the United States or his or her designated agent to be deported
when:
(1) a final order of deportation has been issued
against the defendant pursuant to proceedings under the
Immigration and Nationality Act, and
(2) the deportation of the defendant would not
deprecate the seriousness of the defendant's conduct and
would not be inconsistent with the ends of justice.
Otherwise, the defendant shall be sentenced as provided in
this Chapter V.
(B) If the defendant has already been sentenced for a
felony or misdemeanor offense, or has been placed on probation
under Section 10 of the Cannabis Control Act, Section 410 of
the Illinois Controlled Substances Act, or Section 70 of the
Methamphetamine Control and Community Protection Act, the
court may, upon motion of the State's Attorney to suspend the
sentence imposed, commit the defendant to the custody of the
Attorney General of the United States or his or her designated
agent when:
(1) a final order of deportation has been issued
against the defendant pursuant to proceedings under the
Immigration and Nationality Act, and

HB2578 - 39 - LRB103 29579 RLC 55974 b
(2) the deportation of the defendant would not
deprecate the seriousness of the defendant's conduct and
would not be inconsistent with the ends of justice.
(C) This subsection (l) does not apply to offenders who
are subject to the provisions of paragraph (2) of subsection
(a) of Section 3-6-3.
(D) Upon motion of the State's Attorney, if a defendant
sentenced under this Section returns to the jurisdiction of
the United States, the defendant shall be recommitted to the
custody of the county from which he or she was sentenced.
Thereafter, the defendant shall be brought before the
sentencing court, which may impose any sentence that was
available under Section 5-5-3 at the time of initial
sentencing. In addition, the defendant shall not be eligible
for additional earned sentence credit as provided under
Section 3-6-3.
(m) A person convicted of criminal defacement of property
under Section 21-1.3 of the Criminal Code of 1961 or the
Criminal Code of 2012, in which the property damage exceeds
$300 and the property damaged is a school building, shall be
ordered to perform community service that may include cleanup,
removal, or painting over the defacement.
(n) The court may sentence a person convicted of a
violation of Section 12-19, 12-21, 16-1.3, or 17-56, or
subsection (a) or (b) of Section 12-4.4a, of the Criminal Code
of 1961 or the Criminal Code of 2012 (i) to an impact

HB2578 - 40 - LRB103 29579 RLC 55974 b
incarceration program if the person is otherwise eligible for
that program under Section 5-8-1.1, (ii) to community service,
or (iii) if the person has a substance use disorder, as defined
in the Substance Use Disorder Act, to a treatment program
licensed under that Act.
(o) Whenever a person is convicted of a sex offense as
defined in Section 2 of the Sex Offender Registration Act, the
defendant's driver's license or permit shall be subject to
renewal on an annual basis in accordance with the provisions
of license renewal established by the Secretary of State.
(Source: P.A. 101-81, eff. 7-12-19; 102-168, eff. 7-27-21;
102-531, eff. 1-1-22; 102-813, eff. 5-13-22; 102-1030, eff.
5-27-22.)