Bill Text: IL HB3120 | 2019-2020 | 101st General Assembly | Introduced

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Bill Title: Creates the Employee Targeted Tax Credit Act. Provides provisions regarding: powers of the Department of Employment Security; a pilot program; a certificate of eligibility for tax credit; the tax credit, which shall not be less than $10,000 and shall not exceed $15,000; the determination of the amount of the credit; the maximum amount of credits allowed; the application for award of tax credit and a tax credit certificate; submission of tax credit certificate to the Department of Revenue; noncompliance; rules; the elimination of mandatory minimums in sentencing; and applicability. Defines terms. Amends the Unified Code of Corrections. Makes changes regarding: appropriate dispositions; terms for Class X, Class 1, Class 2, Class 3, and Class 4 felonies; felony fines; misdemeanor sentences; and habitual criminals. Effective immediately.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2019-03-29 - Rule 19(a) / Re-referred to Rules Committee [HB3120 Detail]

Download: Illinois-2019-HB3120-Introduced.html

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101ST GENERAL ASSEMBLY State of Illinois 2019 and 2020 HB3120 Introduced , by Rep. Lamont J. Robinson, Jr. SYNOPSIS AS INTRODUCED:
New Act
730 ILCS 5/5-4.5-15
730 ILCS 5/5-4.5-25
730 ILCS 5/5-4.5-30
730 ILCS 5/5-4.5-35
730 ILCS 5/5-4.5-40
730 ILCS 5/5-4.5-45
730 ILCS 5/5-4.5-50
730 ILCS 5/5-4.5-85
730 ILCS 5/5-4.5-95
Creates the Employee Targeted Tax Credit Act. Provides provisions regarding: powers of the Department of Employment Security; a pilot program; a certificate of eligibility for tax credit; the tax credit, which shall not be less than $10,000 and shall not exceed $15,000; the determination of the amount of the credit; the maximum amount of credits allowed; the application for award of tax credit and a tax credit certificate; submission of tax credit certificate to the Department of Revenue; noncompliance; rules; the elimination of mandatory minimums in sentencing; and applicability. Defines terms. Amends the Unified Code of Corrections. Makes changes regarding: appropriate dispositions; terms for Class X, Class 1, Class 2, Class 3, and Class 4 felonies; felony fines; misdemeanor sentences; and habitual criminals. Effective immediately.
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FISCAL NOTE ACT MAY APPLY
A BILL FOR
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AN ACT concerning revenue.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 1. Short title. This Act may be cited as the
Employee Targeted Tax Credit Pilot Program Act.
Section 5. Findings and purpose. In order to reverse the
trend of high unemployment and to help spur the economy to
recovery, it is necessary to assist individuals in accessing
family supporting, full-time work.
Section 10. Definitions. In this Act:
"Applicant" means a person that is operating a business
located within this State that:
(1) is engaged in interstate or intrastate commerce;
and
(2) hires a participant for a position under union
contract or for a position that offers a basic wage and
benefits package as compensation.
In the case of any person that is a member of a unitary
business group within the meaning of paragraph (27) in
subsection (a) of Section 1501 of the Illinois Income Tax Act,
"applicant" refers to the unitary business group.
"Basic wage" means a minimum annual salary of $30,000 as

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compensation
"Benefits package" means the new full-time employee's
benefits outside of the employee's basic wage including:
(1) a minimum of 5 days of earned sick time;
(2) a minimum of 5 days of paid vacation;
(3) eligibility for health insurance; and
(4) eligibility for a 401K.
"Benefits package" means the participant's benefits
outside of the participant's basic wage including earned sick
time, paid vacation, health insurance, and a 401K.
"Certificate" means the tax credit certificate issued by
the Department under Section 45 of this Act.
"Certificate of eligibility" means the certificate issued
by the Department under Section 25 of this Act.
"Credit" means the amount awarded by the Department to an
applicant by issuance of a certificate under Section 30 of this
Act for each participant hired.
"Department" means the Department of Employment Security.
"Director" means the Director of Employment Security.
"Full-time employee" means a individual who has a position
under union contract or is employed for a basic wage for at
least 35 hours each week and receives a benefits package as
compensation.
"Incentive period" means the period from July 1, 2019
through June 30, 2024.
"Noncompliance date" means, in the case of an applicant

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that is not complying with the requirements of the provisions
of this Act, the day following the last date upon which the
taxpayer was in compliance with the requirements of the
provisions of this Act, as determined by the Director, pursuant
to Section 55 of this Act.
"Participant" means a full-time employee who:
(1) was unemployed or making less than the basic wage
referred to in this Section before being hired by an
applicant;
(2) was formerly incarcerated between January 1, 2009
and December 31, 2019;
(3) is registered for the pilot program described in
Section 20; and
(4) is subsequently hired during the incentive period
by an applicant for a position under union contract or for
a position that offers a basic wage and benefits package as
compensation.
The term "participant" does not include a person who was
previously employed in this State by the applicant prior to the
onset of the incentive period if:
(1) the position was under union contract;
(2) the position provided a basic wage and benefits
package as compensation; or
(3) the participant is a related member of the
applicant that has more than 50 total employees.
"Professional Employer Organization" (PEO) shall have the

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same meaning as defined in Section 5-5 of the Economic
Development for a Growing Economy Tax Credit Act. As used in
this Section, "Professional Employer Organization" does not
include a day and temporary labor service agency regulated
under the Day and Temporary Labor Services Act.
Section 15. Powers of the Department. The Department, in
addition to those powers granted under the Civil Administrative
Code of Illinois, is granted and shall have all the powers
necessary or convenient to carry out and effectuate the
purposes and provisions of this Act, including, but not limited
to, power and authority to:
(1) promulgate procedures, rules, or regulations
deemed necessary and appropriate for the administration of
this Act; establish forms for applications, notifications,
contracts, or any other agreements; and accept
applications at any time during the year and require that
all applications be submitted via the Internet. The
Department shall require that applications be submitted in
electronic form;
(2) provide guidance and assistance to an applicant
pursuant to the provisions of this Act, and cooperate with
applicants to promote, foster, and support job creation
within the State;
(3) enter into agreements and memoranda of
understanding for participation of and engage in

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cooperation with agencies of the federal government, units
of local government, universities, research foundations or
institutions, regional economic development corporations,
or other organizations for the purposes of this Act;
(4) gather information and conduct inquiries, in the
manner and by the methods it deems desirable, including,
but not limited to, gathering information with respect to
applicants for the purpose of making any designations or
certifications necessary or desirable or to gather
information in furtherance of the purposes of this Act;
(5) establish, negotiate, and effectuate any term,
agreement, or other document with any person necessary or
appropriate to accomplish the purposes of this Act; and
consent, subject to the provisions of any agreement with
another party, to the modification or restructuring of any
agreement to which the Department is a party;
(6) provide for sufficient personnel to permit
administration, staffing, operation, and related support
required to adequately discharge its duties and
responsibilities described in this Act from funds made
available through charges to applicants or from funds as
may be appropriated by the General Assembly for the
administration of this Act;
(7) require applicants, upon written request, to issue
any necessary authorization to the appropriate federal,
State, or local authority or any other person for the

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release to the Department of information requested by the
Department, with the information requested to include, but
not limited to, financial reports, returns, or records
relating to the applicant or to the amount of credit
allowable under this Act;
(8) require that an applicant shall, at all times, keep
proper books of record and account in accordance with
generally accepted accounting principles consistently
applied with the books, records, or papers related to the
agreement in the custody or control of the applicant open
for reasonable Department inspection and audits, and
including, but not limited to, the making of copies of the
books, records, or papers; and
(9) take whatever actions are necessary or appropriate
to protect the State's interest in the event of bankruptcy,
default, foreclosure, or noncompliance with the terms and
conditions of financial assistance or participation
required under this Act, including the power to sell,
dispose of, lease, or rent, upon terms and conditions
determined by the Director to be appropriate, real or
personal property that the Department may recover as a
result of these actions.
Section 20. Pilot Program.
(a) The tax credit shall only apply to up to 20,000
participants for the duration of the incentive period.

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A maximum of 10,000 participants shall be newly
released from prison.
A maximum of 10,000 participants shall be released from
prison between January 1, 2009 and December 31, 2019.
(b) The Department shall maintain a database of all
participants for the duration of the incentive period.
(1) Eligible individuals shall register as
participants with the Department by May 31, 2020.
(2) The Department shall verify individuals'
eligibility to participate in the program by checking the
employment and incarceration history.
(3) The Department shall mail a written letter
containing a denial or confirmation of the individual's
eligibility to participate in the program to the primary
address of the individual.
(A) The denial letter shall state the reason why
the individual is being denied.
(B) The confirmation letter shall state the
identifying number assigned to the individual.
(c) The Department shall maintain a record of the
participants and the corresponding applicant.
(1) Each applicant shall, on a quarterly basis starting
from receipt of the certificate of eligibility for the tax
credit, submit an annual report of employment of
participants to remain in good standing to receive the tax
credit.

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(2) The reports shall be submitted in the form and
manner required by the Department.
Section 25. Certificate of eligibility for tax credit.
(a) An applicant that has hired a participant during the
incentive period may apply for a certificate of eligibility for
the credit with respect to that position on or after the date
of hire of the participant. The date of hire shall be the first
day on which the participant begins providing services under a
union contract or for a basic wage and benefits package as
compensation.
(b) An applicant may apply for a certificate of eligibility
for the credit for more than one participant on or after the
date of hire of each qualifying participant.
(c) After receipt of an application under this Section, the
Department shall issue a certificate of eligibility to the
applicant, stating:
(1) the date and time on which the application was
received by the Department and an identifying number
assigned to the applicant by the Department;
(2) the maximum amount of the credit the applicant
could potentially receive under this Act with respect to
the new employees listed on the application; and
(3) the maximum amount of the credit potentially
allowable on certificates of eligibility issued for
applications received prior to the application for which

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the certificate of eligibility is issued.
(d) After the initial certificate of eligibility, the
applicant must submit a quarterly report of employment of all
participants to the Department. The Department shall review the
report and issue an annual certificate of eligibility by April
15 of each taxable year to the applicant.
Section 30. Tax credit.
(a) Subject to the conditions set forth in this Act, an
applicant is entitled to a credit against payment of taxes
withheld under Section 704A of the Illinois Income Tax Act for
participants as described in Section 20.
(b) The credit shall be allowed as a credit to an applicant
for each participant hired during the incentive period that
results in a net increase in full-time Illinois employees,
where the net increase in the employer's full-time Illinois
employees is maintained for at least 24 months.
(c) The Department shall make credit awards under this Act
to further job creation.
(d) The credit shall be claimed for the second calendar
year ending on or after the date on which the certificate is
issued by the Department and each year thereafter during the
incentive period as long as the participant's employment with
the applicant is maintained.
(e) The credit shall not be less than $10,000 and shall not
exceed $15,000 each year per participant hired.

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(f) The net increase in full-time Illinois employees,
measured on an annual full-time equivalent basis, shall be the
total number of full-time Illinois employees of the applicant
on the final day of the incentive period, minus the number of
full-time Illinois employees employed by the employer on the
first day of that same incentive period. For purposes of the
calculation, an employer that begins doing business in this
State during the incentive period, as determined by the
Director, shall be treated as having zero Illinois employees on
the first day of the incentive period.
(g) The net increase in the number of full-time Illinois
employees of the applicant under subsection (e) must be
sustained continuously for at least 24 months, starting with
the date of hire of a participant during the incentive period.
(h) The Department shall promulgate rules to enable an
applicant for which a PEO has been contracted to issue W-2s and
make payment of taxes withheld under Section 704A of the
Illinois Income Tax Act for new employees to retain the benefit
of tax credits to which the applicant is otherwise entitled
under this Act.
Section 35. Determination of Amount of the Credit. In
determining the amount of the credit that should be awarded,
the Department shall take into consideration the following
factors:
(1) the type of service provided;

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(2) the skill-level, education and expertise required
to provide the service;
(3) the benefits package offered by the applicant;
(4) the amount of training provided by the applicant;
and
(5) opportunities for wage increases and promotions.
Section 40. Maximum amount of credits allowed. To the
extent authorized by Section 30 of this Act, for taxable years
beginning on or after January 1, 2020 through December 31,
2025, the Department shall limit the monetary amount of credits
awarded under this Act to no more than $1,500,000,000. If
applications for a greater amount are received, credits shall
be allowed on a first-come-first-served basis, based on the
date on which each properly completed application for a
certificate of eligibility is received by the Department. If
more than one certificate of eligibility is received on the
same day, the credits will be awarded based on the time of
submission for that particular day.
Section 45. Application for award of tax credit; tax credit
certificate.
(a) On or after the conclusion of the 24-month period after
a participant has been hired, an applicant shall file with the
Department an application for award of a credit. The
application shall include the following:

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(1) the names, social security numbers, job
descriptions, salary or wage rates, and dates of hire of
the participants with respect to whom the credit is being
requested, and whether each participant is registered in
the pilot program described in Section 20;
(2) a certification that each participant listed has
been retained on the job for 24 months from the date of
hire;
(3) the number of participants hired by the applicant
during the incentive period;
(4) the net increase in the number of full-time
Illinois employees of the applicant, including the
participants listed in the request, between the beginning
of the incentive period and the dates on which the
participants listed in the request were hired;
(5) an agreement that the Director is authorized to
verify with the appropriate State agencies the information
contained in the request before issuing a certificate to
the applicant; and
(6) any other information the Department determines to
be appropriate.
(b) Although an application may be filed at any time after
the conclusion of the 24-month period, an application filed
more than 90 days after the earliest date on which it could
have been filed shall not be awarded any credit if, prior to
the date it is filed, the Department has received applications

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under this Section for credits totaling more than
$1,500,000,000.
(c) The Department shall issue a certificate to each
applicant awarded a credit under this Act. The certificate
shall include the following:
(1) the name and taxpayer identification number of the
applicant;
(2) the date on which the certificate is issued;
(3) the credit amount that will be allowed; and
(4) any other information the Department determines to
be appropriate.
Section 50. Submission of tax credit certificate to
Department of Revenue. An applicant claiming a credit under
this Act shall submit to the Department of Revenue a copy of
each certificate issued under Section 45 of this Act with the
first return for which the credit shown on the certificate is
claimed. Failure to submit a copy of the certificate with the
applicant's return shall not invalidate a claim for a credit.
Section 55. Noncompliance. If the Director determines that
an applicant who has received a credit under this Act is not
complying with the requirements of the provisions of this Act,
the Director shall provide notice to the applicant of the
alleged noncompliance, and allow the taxpayer a hearing under
the provisions of the Illinois Administrative Procedure Act.

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If, after such notice and any hearing, the Director determines
that noncompliance exists, the Director shall issue to the
Department of Revenue notice to that effect stating the
noncompliance date.
Section 60. Rules. The Department may adopt rules necessary
to implement this Act. The rules may provide for recipients of
credits under this Act to be charged fees to cover
administrative costs of the tax credit program.
Section 65. Elimination of mandatory minimums in
sentencing. The cost savings from this Section shall be
directly applied to fund the pilot program described in Section
25.
Section 70. Applicability. This Act applies to offenses
committed before the effective date of this Act, and to
offenses committed on or after the effective date.
A person currently serving a sentence for a conviction,
whether by trial or plea, of a felony or felonies who would
have been guilty of a misdemeanor or lesser felony
classification under this Act had the Act been in effect at the
time of the offense may petition the trial court that entered
the judgment of conviction in his or her case to request
resentencing in accordance with this Act. A person who is
resentenced shall be given credit for time served. Under no

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circumstances may resentencing result in the imposition of a
term longer than the original sentence.
Section 75. Repeal. This Act is repealed December 31, 2027.
Section 905. The Unified Code of Corrections is amended by
changing Sections 5-4.5-15, 5-4.5-25, 5-4.5-30, 5-4.5-35,
5-4.5-40, 5-4.5-45, 5-4.5-50, 5-4.5-85, and 5-4.5-95 as
follows:
(730 ILCS 5/5-4.5-15)
Sec. 5-4.5-15. DISPOSITIONS.
(a) APPROPRIATE DISPOSITIONS. The following are
appropriate dispositions, alone or in combination, for all
felonies and misdemeanors other than as provided in Section
5-5-3 (730 ILCS 5/5-5-3) or as specifically provided in the
statute defining the offense or elsewhere:
(1) A period of probation.
(2) A term of periodic imprisonment.
(3) A term of conditional discharge.
(4) A term of imprisonment.
(5) A fine.
(6) Restitution to the victim.
(7) Participation in an impact incarceration program.
(8) A term of imprisonment in combination with a term
of probation when the offender has been admitted into a

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drug court program.
(9) If the defendant is convicted of arson, aggravated
arson, residential arson, or place of worship arson, an
order directing the offender to reimburse the local
emergency response department for the costs of responding
to the fire that the offender was convicted of setting in
accordance with the Emergency Services Response
Reimbursement for Criminal Convictions Act.
(b) FINE; RESTITUTION; NOT SOLE DISPOSITION. A Neither a
fine nor restitution may shall be the sole disposition for a
Class 4 felony, and either or both may be imposed only in
conjunction with another disposition.
(c) PAROLE; MANDATORY SUPERVISED RELEASE. Except when a
term of natural life is imposed, every sentence includes a term
in addition to the term of imprisonment. For those sentenced
under the law in effect before February 1, 1978, that term is a
parole term. For those sentenced on or after February 1, 1978,
that term is a mandatory supervised release term.
(Source: P.A. 95-1052, eff. 7-1-09; incorporates P.A. 96-400,
eff. 8-13-09; 96-1000, eff. 7-2-10.)
(730 ILCS 5/5-4.5-25)
Sec. 5-4.5-25. CLASS X FELONIES; SENTENCE. For a Class X
felony:
(a) TERM. The sentence of imprisonment shall be a
determinate sentence of not less than 6 years and not more than

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30 years. The sentence of imprisonment for an extended term
Class X felony, as provided in Section 5-8-2 (730 ILCS
5/5-8-2), shall be not less than 30 years and not more than 60
years.
(b) PERIODIC IMPRISONMENT. A term of periodic imprisonment
shall not be imposed.
(c) IMPACT INCARCERATION. The impact incarceration program
or the county impact incarceration program is not an authorized
disposition.
(d) PROBATION; CONDITIONAL DISCHARGE. A period of
probation or conditional discharge shall not be imposed.
(e) FINE. Fines may be imposed as provided in Section
5-4.5-50(b) (730 ILCS 5/5-4.5-50(b)).
(f) RESTITUTION. See Section 5-5-6 (730 ILCS 5/5-5-6)
concerning restitution.
(g) CONCURRENT OR CONSECUTIVE SENTENCE. The sentence shall
be concurrent or consecutive as provided in Section 5-8-4 (730
ILCS 5/5-8-4) and Section 5-4.5-50 (730 ILCS 5/5-4.5-50).
(h) DRUG COURT. See Section 20 of the Drug Court Treatment
Act (730 ILCS 166/20) concerning eligibility for a drug court
program.
(i) CREDIT FOR HOME DETENTION. See Section 5-4.5-100 (730
ILCS 5/5-4.5-100) concerning no credit for time spent in home
detention prior to judgment.
(j) SENTENCE CREDIT. See Section 3-6-3 (730 ILCS 5/3-6-3)
for rules and regulations for sentence credit.

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(k) ELECTRONIC MONITORING AND HOME DETENTION. See Section
5-8A-3 (730 ILCS 5/5-8A-3) concerning eligibility for
electronic monitoring and home detention.
(l) PAROLE; MANDATORY SUPERVISED RELEASE. Except as
provided in Section 3-3-8 or 5-8-1 (730 ILCS 5/3-3-8 or
5/5-8-1), the parole or mandatory supervised release term shall
be 3 years upon release from imprisonment.
(Source: P.A. 100-431, eff. 8-25-17.)
(730 ILCS 5/5-4.5-30)
Sec. 5-4.5-30. CLASS 1 FELONIES; SENTENCE. For a Class 1
felony:
(a) TERM. The sentence of imprisonment, other than for
second degree murder, shall be a determinate sentence of not
less than 4 years and not more than 15 years. The sentence of
imprisonment for second degree murder shall be a determinate
sentence of not less than 4 years and not more than 20 years.
The sentence of imprisonment for an extended term Class 1
felony, as provided in Section 5-8-2 (730 ILCS 5/5-8-2), shall
be a term not less than 15 years and not more than 30 years.
(b) PERIODIC IMPRISONMENT. A sentence of periodic
imprisonment shall be for a definite term of from 3 to 4 years,
except as otherwise provided in Section 5-5-3 or 5-7-1 (730
ILCS 5/5-5-3 or 5/5-7-1).
(c) IMPACT INCARCERATION. See Sections 5-8-1.1 and 5-8-1.2
(730 ILCS 5/5-8-1.1 and 5/5-8-1.2) concerning eligibility for

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the impact incarceration program or the county impact
incarceration program.
(d) PROBATION; CONDITIONAL DISCHARGE. Except as provided
in Section 5-5-3 or 5-6-2 (730 ILCS 5/5-5-3 or 5/5-6-2), the
period of probation or conditional discharge shall not exceed 4
years. The court shall specify the conditions of probation or
conditional discharge as set forth in Section 5-6-3 (730 ILCS
5/5-6-3). In no case shall an offender be eligible for a
disposition of probation or conditional discharge for a Class 1
felony committed while he or she was serving a term of
probation or conditional discharge for a felony.
(e) FINE. Fines may be imposed as provided in Section
5-4.5-50(b) (730 ILCS 5/5-4.5-50(b)).
(f) RESTITUTION. See Section 5-5-6 (730 ILCS 5/5-5-6)
concerning restitution.
(g) CONCURRENT OR CONSECUTIVE SENTENCE. The sentence shall
be concurrent or consecutive as provided in Section 5-8-4 (730
ILCS 5/5-8-4) and Section 5-4.5-50 (730 ILCS 5/5-4.5-50).
(h) DRUG COURT. See Section 20 of the Drug Court Treatment
Act (730 ILCS 166/20) concerning eligibility for a drug court
program.
(i) CREDIT FOR HOME DETENTION. See Section 5-4.5-100 (730
ILCS 5/5-4.5-100) concerning credit for time spent in home
detention prior to judgment.
(j) SENTENCE CREDIT. See Section 3-6-3 of this Code (730
ILCS 5/3-6-3) or the County Jail Good Behavior Allowance Act

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(730 ILCS 130/) for rules and regulations for sentence credit.
(k) ELECTRONIC MONITORING AND HOME DETENTION. See Section
5-8A-3 (730 ILCS 5/5-8A-3) concerning eligibility for
electronic monitoring and home detention.
(l) PAROLE; MANDATORY SUPERVISED RELEASE. Except as
provided in Section 3-3-8 or 5-8-1 (730 ILCS 5/3-3-8 or
5/5-8-1), the parole or mandatory supervised release term shall
be 2 years upon release from imprisonment.
(Source: P.A. 100-431, eff. 8-25-17.)
(730 ILCS 5/5-4.5-35)
Sec. 5-4.5-35. CLASS 2 FELONIES; SENTENCE. For a Class 2
felony:
(a) TERM. The sentence of imprisonment shall be a
determinate sentence of not less than 3 years and not more than
7 years. The sentence of imprisonment for an extended term
Class 2 felony, as provided in Section 5-8-2 (730 ILCS
5/5-8-2), shall be a term not less than 7 years and not more
than 14 years.
(b) PERIODIC IMPRISONMENT. A sentence of periodic
imprisonment shall be for a definite term of from 18 to 30
months, except as otherwise provided in Section 5-5-3 or 5-7-1
(730 ILCS 5/5-5-3 or 5/5-7-1).
(c) IMPACT INCARCERATION. See Sections 5-8-1.1 and 5-8-1.2
(730 ILCS 5/5-8-1.1 and 5/5-8-1.2) concerning eligibility for
the impact incarceration program or the county impact

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incarceration program.
(d) PROBATION; CONDITIONAL DISCHARGE. Except as provided
in Section 5-5-3 or 5-6-2 (730 ILCS 5/5-5-3 or 5/5-6-2), the
period of probation or conditional discharge shall not exceed 4
years. The court shall specify the conditions of probation or
conditional discharge as set forth in Section 5-6-3 (730 ILCS
5/5-6-3).
(e) FINE. Fines may be imposed as provided in Section
5-4.5-50(b) (730 ILCS 5/5-4.5-50(b)).
(f) RESTITUTION. See Section 5-5-6 (730 ILCS 5/5-5-6)
concerning restitution.
(g) CONCURRENT OR CONSECUTIVE SENTENCE. The sentence shall
be concurrent or consecutive as provided in Section 5-8-4 (730
ILCS 5/5-8-4) and Section 5-4.5-50 (730 ILCS 5/5-4.5-50).
(h) DRUG COURT. See Section 20 of the Drug Court Treatment
Act (730 ILCS 166/20) concerning eligibility for a drug court
program.
(i) CREDIT FOR HOME DETENTION. See Section 5-4.5-100 (730
ILCS 5/5-4.5-100) concerning credit for time spent in home
detention prior to judgment.
(j) SENTENCE CREDIT. See Section 3-6-3 of this Code (730
ILCS 5/3-6-3) or the County Jail Good Behavior Allowance Act
(730 ILCS 130/) for rules and regulations for sentence credit.
(k) ELECTRONIC MONITORING AND HOME DETENTION. See Section
5-8A-3 (730 ILCS 5/5-8A-3) concerning eligibility for
electronic monitoring and home detention.

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(l) PAROLE; MANDATORY SUPERVISED RELEASE. Except as
provided in Section 3-3-8 or 5-8-1 (730 ILCS 5/3-3-8 or
5/5-8-1), the parole or mandatory supervised release term shall
be 2 years upon release from imprisonment.
(Source: P.A. 100-431, eff. 8-25-17.)
(730 ILCS 5/5-4.5-40)
Sec. 5-4.5-40. CLASS 3 FELONIES; SENTENCE. For a Class 3
felony:
(a) TERM. The sentence of imprisonment shall be a
determinate sentence of not less than 2 years and not more than
5 years. The sentence of imprisonment for an extended term
Class 3 felony, as provided in Section 5-8-2 (730 ILCS
5/5-8-2), shall be a term not less than 5 years and not more
than 10 years.
(b) PERIODIC IMPRISONMENT. A sentence of periodic
imprisonment shall be for a definite term of up to 18 months,
except as otherwise provided in Section 5-5-3 or 5-7-1 (730
ILCS 5/5-5-3 or 5/5-7-1).
(c) IMPACT INCARCERATION. See Sections 5-8-1.1 and 5-8-1.2
(730 ILCS 5/5-8-1.1 and 5/5-8-1.2) concerning eligibility for
the impact incarceration program or the county impact
incarceration program.
(d) PROBATION; CONDITIONAL DISCHARGE. Except as provided
in Section 5-5-3 or 5-6-2 (730 ILCS 5/5-5-3 or 5/5-6-2), the
period of probation or conditional discharge shall not exceed

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30 months. The court shall specify the conditions of probation
or conditional discharge as set forth in Section 5-6-3 (730
ILCS 5/5-6-3).
(e) FINE. Fines may be imposed as provided in Section
5-4.5-50(b) (730 ILCS 5/5-4.5-50(b)).
(f) RESTITUTION. See Section 5-5-6 (730 ILCS 5/5-5-6)
concerning restitution.
(g) CONCURRENT OR CONSECUTIVE SENTENCE. The sentence shall
be concurrent or consecutive as provided in Section 5-8-4 (730
ILCS 5/5-8-4) and Section 5-4.5-50 (730 ILCS 5/5-4.5-50).
(h) DRUG COURT. See Section 20 of the Drug Court Treatment
Act (730 ILCS 166/20) concerning eligibility for a drug court
program.
(i) CREDIT FOR HOME DETENTION. See Section 5-4.5-100 (730
ILCS 5/5-4.5-100) concerning credit for time spent in home
detention prior to judgment.
(j) SENTENCE CREDIT. See Section 3-6-3 of this Code (730
ILCS 5/3-6-3) or the County Jail Good Behavior Allowance Act
(730 ILCS 130/) for rules and regulations for sentence credit.
(k) ELECTRONIC MONITORING AND HOME DETENTION. See Section
5-8A-3 (730 ILCS 5/5-8A-3) concerning eligibility for
electronic monitoring and home detention.
(l) PAROLE; MANDATORY SUPERVISED RELEASE. Except as
provided in Section 3-3-8 or 5-8-1 (730 ILCS 5/3-3-8 or
5/5-8-1), the parole or mandatory supervised release term shall
be one year upon release from imprisonment.

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(Source: P.A. 100-431, eff. 8-25-17.)
(730 ILCS 5/5-4.5-45)
Sec. 5-4.5-45. CLASS 4 FELONIES; SENTENCE. For a Class 4
felony:
(a) TERM. The sentence of imprisonment shall be a
determinate sentence of not less than one year and not more
than 3 years. The sentence of imprisonment for an extended term
Class 4 felony, as provided in Section 5-8-2 (730 ILCS
5/5-8-2), shall be a term not less than 3 years and not more
than 6 years.
(b) PERIODIC IMPRISONMENT. A sentence of periodic
imprisonment shall be for a definite term of up to 18 months,
except as otherwise provided in Section 5-5-3 or 5-7-1 (730
ILCS 5/5-5-3 or 5/5-7-1).
(c) IMPACT INCARCERATION. See Sections 5-8-1.1 and 5-8-1.2
(730 ILCS 5/5-8-1.1 and 5/5-8-1.2) concerning eligibility for
the impact incarceration program or the county impact
incarceration program.
(d) PROBATION; CONDITIONAL DISCHARGE. Except as provided
in Section 5-5-3 or 5-6-2 (730 ILCS 5/5-5-3 or 5/5-6-2), the
period of probation or conditional discharge shall not exceed
30 months. The court shall specify the conditions of probation
or conditional discharge as set forth in Section 5-6-3 (730
ILCS 5/5-6-3).
(e) FINE. Fines may be imposed as provided in Section

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5-4.5-50(b) (730 ILCS 5/5-4.5-50(b)).
(f) RESTITUTION. See Section 5-5-6 (730 ILCS 5/5-5-6)
concerning restitution.
(g) CONCURRENT OR CONSECUTIVE SENTENCE. The sentence shall
be concurrent or consecutive as provided in Section 5-8-4 (730
ILCS 5/5-8-4) and Section 5-4.5-50 (730 ILCS 5/5-4.5-50).
(h) DRUG COURT. See Section 20 of the Drug Court Treatment
Act (730 ILCS 166/20) concerning eligibility for a drug court
program.
(i) CREDIT FOR HOME DETENTION. See Section 5-4.5-100 (730
ILCS 5/5-4.5-100) concerning credit for time spent in home
detention prior to judgment.
(j) SENTENCE CREDIT. See Section 3-6-3 of this Code (730
ILCS 5/3-6-3) or the County Jail Good Behavior Allowance Act
(730 ILCS 130/) for rules and regulations for sentence credit.
(k) ELECTRONIC MONITORING AND HOME DETENTION. See Section
5-8A-3 (730 ILCS 5/5-8A-3) concerning eligibility for
electronic monitoring and home detention.
(l) PAROLE; MANDATORY SUPERVISED RELEASE. Except as
provided in Section 3-3-8 or 5-8-1 (730 ILCS 5/3-3-8 or
5/5-8-1), the parole or mandatory supervised release term shall
be one year upon release from imprisonment.
(Source: P.A. 100-431, eff. 8-25-17.)
(730 ILCS 5/5-4.5-50)
(Text of Section before amendment by P.A. 100-987 and

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100-1161)
Sec. 5-4.5-50. SENTENCE PROVISIONS; ALL FELONIES. Except
as otherwise provided, for all felonies:
(a) NO SUPERVISION. The court, upon a plea of guilty or a
stipulation by the defendant of the facts supporting the charge
or a finding of guilt, may not defer further proceedings and
the imposition of a sentence and may not enter an order for
supervision of the defendant.
(b) FELONY FINES. An offender may be sentenced to pay a
fine not to exceed, for each offense, $25,000 or the amount
specified in the offense, whichever is greater, or if the
offender is a corporation, $50,000 or the amount specified in
the offense, whichever is greater. A fine may be imposed in
addition to a sentence of conditional discharge, probation,
periodic imprisonment, or imprisonment. See Article 9 of
Chapter V (730 ILCS 5/Ch. V, Art. 9) for imposition of
additional amounts and determination of amounts and payment.
The court shall consider the offender's financial
circumstances and ability to pay before and after imprisonment
before assessing any fine.
(c) REASONS FOR SENTENCE STATED. The sentencing judge in
each felony conviction shall set forth his or her reasons for
imposing the particular sentence entered in the case, as
provided in Section 5-4-1 (730 ILCS 5/5-4-1). Those reasons may
include any mitigating or aggravating factors specified in this
Code, or the lack of any such factors, as well as any other

HB3120 - 27 - LRB101 08963 HLH 54054 b
mitigating or aggravating factors that the judge sets forth on
the record that are consistent with the purposes and principles
of sentencing set out in this Code.
(d) MOTION TO REDUCE SENTENCE. A motion to reduce a
sentence may be made, or the court may reduce a sentence
without motion, within 30 days after the sentence is imposed. A
defendant's challenge to the correctness of a sentence or to
any aspect of the sentencing hearing shall be made by a written
motion filed with the circuit court clerk within 30 days
following the imposition of sentence. A motion not filed within
that 30-day period is not timely. The court may not increase a
sentence once it is imposed. A notice of motion must be filed
with the motion. The notice of motion shall set the motion on
the court's calendar on a date certain within a reasonable time
after the date of filing.
If a motion filed pursuant to this subsection is timely
filed, the proponent of the motion shall exercise due diligence
in seeking a determination on the motion and the court shall
thereafter decide the motion within a reasonable time.
If a motion filed pursuant to this subsection is timely
filed, then for purposes of perfecting an appeal, a final
judgment is not considered to have been entered until the
motion to reduce the sentence has been decided by order entered
by the trial court.
(e) CONCURRENT SENTENCE; PREVIOUS UNEXPIRED FEDERAL OR
OTHER-STATE SENTENCE. A defendant who has a previous and

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unexpired sentence of imprisonment imposed by another state or
by any district court of the United States and who, after
sentence for a crime in Illinois, must return to serve the
unexpired prior sentence may have his or her sentence by the
Illinois court ordered to be concurrent with the prior
other-state or federal sentence. The court may order that any
time served on the unexpired portion of the other-state or
federal sentence, prior to his or her return to Illinois, shall
be credited on his or her Illinois sentence. The appropriate
official of the other state or the United States shall be
furnished with a copy of the order imposing sentence, which
shall provide that, when the offender is released from
other-state or federal confinement, whether by parole or by
termination of sentence, the offender shall be transferred by
the Sheriff of the committing Illinois county to the Illinois
Department of Corrections. The court shall cause the Department
of Corrections to be notified of the sentence at the time of
commitment and to be provided with copies of all records
regarding the sentence.
(f) REDUCTION; PREVIOUS UNEXPIRED ILLINOIS SENTENCE. A
defendant who has a previous and unexpired sentence of
imprisonment imposed by an Illinois circuit court for a crime
in this State and who is subsequently sentenced to a term of
imprisonment by another state or by any district court of the
United States and who has served a term of imprisonment imposed
by the other state or district court of the United States, and

HB3120 - 29 - LRB101 08963 HLH 54054 b
must return to serve the unexpired prior sentence imposed by
the Illinois circuit court, may apply to the Illinois circuit
court that imposed sentence to have his or her sentence
reduced.
The circuit court may order that any time served on the
sentence imposed by the other state or district court of the
United States be credited on his or her Illinois sentence. The
application for reduction of a sentence under this subsection
shall be made within 30 days after the defendant has completed
the sentence imposed by the other state or district court of
the United States.
(g) NO REQUIRED BIRTH CONTROL. A court may not impose a
sentence or disposition that requires the defendant to be
implanted or injected with or to use any form of birth control.
(Source: P.A. 95-1052, eff. 7-1-09.)
(Text of Section after amendment by P.A. 100-987 and
100-1161)
Sec. 5-4.5-50. SENTENCE PROVISIONS; ALL FELONIES. Except
as otherwise provided, for all felonies:
(a) NO SUPERVISION. The court, upon a plea of guilty or a
stipulation by the defendant of the facts supporting the charge
or a finding of guilt, may not defer further proceedings and
the imposition of a sentence and may not enter an order for
supervision of the defendant.
(b) FELONY FINES. Unless otherwise specified by law, the

HB3120 - 30 - LRB101 08963 HLH 54054 b
minimum fine is $75. An offender may be sentenced to pay a fine
not to exceed, for each offense, $25,000 or the amount
specified in the offense, whichever is greater, or if the
offender is a corporation, $50,000 or the amount specified in
the offense, whichever is greater. A fine may be imposed in
addition to a sentence of conditional discharge, probation,
periodic imprisonment, or imprisonment. See Article 9 of
Chapter V (730 ILCS 5/Ch. V, Art. 9) for imposition of
additional amounts and determination of amounts and payment.
The court shall consider the offender's financial
circumstances and ability to pay before and after imprisonment
before assessing any fine. If the court finds that the fine
would impose an undue burden on the victim, the court may
reduce or waive the fine.
(c) REASONS FOR SENTENCE STATED. The sentencing judge in
each felony conviction shall set forth his or her reasons for
imposing the particular sentence entered in the case, as
provided in Section 5-4-1 (730 ILCS 5/5-4-1). Those reasons may
include any mitigating or aggravating factors specified in this
Code, or the lack of any such factors, as well as any other
mitigating or aggravating factors that the judge sets forth on
the record that are consistent with the purposes and principles
of sentencing set out in this Code.
(d) MOTION TO REDUCE SENTENCE. A motion to reduce a
sentence may be made, or the court may reduce a sentence
without motion, within 30 days after the sentence is imposed. A

HB3120 - 31 - LRB101 08963 HLH 54054 b
defendant's challenge to the correctness of a sentence or to
any aspect of the sentencing hearing shall be made by a written
motion filed with the circuit court clerk within 30 days
following the imposition of sentence. A motion not filed within
that 30-day period is not timely. The court may not increase a
sentence once it is imposed. A notice of motion must be filed
with the motion. The notice of motion shall set the motion on
the court's calendar on a date certain within a reasonable time
after the date of filing.
If a motion filed pursuant to this subsection is timely
filed, the proponent of the motion shall exercise due diligence
in seeking a determination on the motion and the court shall
thereafter decide the motion within a reasonable time.
If a motion filed pursuant to this subsection is timely
filed, then for purposes of perfecting an appeal, a final
judgment is not considered to have been entered until the
motion to reduce the sentence has been decided by order entered
by the trial court.
(e) CONCURRENT SENTENCE; PREVIOUS UNEXPIRED FEDERAL OR
OTHER-STATE SENTENCE. A defendant who has a previous and
unexpired sentence of imprisonment imposed by another state or
by any district court of the United States and who, after
sentence for a crime in Illinois, must return to serve the
unexpired prior sentence may have his or her sentence by the
Illinois court ordered to be concurrent with the prior
other-state or federal sentence. The court may order that any

HB3120 - 32 - LRB101 08963 HLH 54054 b
time served on the unexpired portion of the other-state or
federal sentence, prior to his or her return to Illinois, shall
be credited on his or her Illinois sentence. The appropriate
official of the other state or the United States shall be
furnished with a copy of the order imposing sentence, which
shall provide that, when the offender is released from
other-state or federal confinement, whether by parole or by
termination of sentence, the offender shall be transferred by
the Sheriff of the committing Illinois county to the Illinois
Department of Corrections. The court shall cause the Department
of Corrections to be notified of the sentence at the time of
commitment and to be provided with copies of all records
regarding the sentence.
(f) REDUCTION; PREVIOUS UNEXPIRED ILLINOIS SENTENCE. A
defendant who has a previous and unexpired sentence of
imprisonment imposed by an Illinois circuit court for a crime
in this State and who is subsequently sentenced to a term of
imprisonment by another state or by any district court of the
United States and who has served a term of imprisonment imposed
by the other state or district court of the United States, and
must return to serve the unexpired prior sentence imposed by
the Illinois circuit court, may apply to the Illinois circuit
court that imposed sentence to have his or her sentence
reduced.
The circuit court may order that any time served on the
sentence imposed by the other state or district court of the

HB3120 - 33 - LRB101 08963 HLH 54054 b
United States be credited on his or her Illinois sentence. The
application for reduction of a sentence under this subsection
shall be made within 30 days after the defendant has completed
the sentence imposed by the other state or district court of
the United States.
(g) NO REQUIRED BIRTH CONTROL. A court may not impose a
sentence or disposition that requires the defendant to be
implanted or injected with or to use any form of birth control.
(Source: P.A. 100-987, eff. 7-1-19; 100-1161, eff. 7-1-19.)
(730 ILCS 5/5-4.5-85)
Sec. 5-4.5-85. UNCLASSIFIED OFFENSES; SENTENCE.
(a) FELONY. The particular classification of each felony is
specified in the law defining the felony. Any unclassified
offense that is declared by law to be a felony or that provides
a sentence to a term of imprisonment for one year or more is a
Class 4 felony.
(b) MISDEMEANOR. The particular classification of each
misdemeanor is specified in the law or ordinance defining the
misdemeanor.
(1) Any offense not so classified that provides a
sentence to a term of imprisonment of less than one year
but in excess of 6 months is a Class A misdemeanor.
(2) Any offense not so classified that provides a
sentence to a term of imprisonment of 6 months or less but
in excess of 30 days is a Class B misdemeanor.

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(3) Any offense not so classified that provides a
sentence to a term of imprisonment of 30 days or less is a
Class C misdemeanor.
(c) PETTY OR BUSINESS OFFENSE. Any unclassified offense
that does not provide for a sentence of imprisonment is a petty
offense or a business offense.
(Source: P.A. 95-1052, eff. 7-1-09.)
(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.
(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.

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(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.
(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
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

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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
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

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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) (Blank). When a defendant, over the age of 21 years, is
convicted of a Class 1 or Class 2 felony, except for an offense
listed in subsection (c) 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 felony was committed) classified in Illinois
as a Class 2 or greater Class felony, except for an offense
listed in subsection (c) 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:
(1) the first felony was committed after February 1,
1978 (the effective date of Public Act 80-1099);
(2) the second felony was committed after conviction on
the first; and
(3) the third felony was committed after conviction on
the second.
(c) (Blank). 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

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condition of probation as provided by Section 40-10 of the
Substance Use Disorder Act (20 ILCS 301/40-10).
(Source: P.A. 99-69, eff. 1-1-16; 100-3, eff. 1-1-18; 100-759,
eff. 1-1-19.)
Section 995. No acceleration or delay. Where this Act makes
changes in a statute that is represented in this Act by text
that is not yet or no longer in effect (for example, a Section
represented by multiple versions), the use of that text does
not accelerate or delay the taking effect of (i) the changes
made by this Act or (ii) provisions derived from any other
Public Act.
Section 999. Effective date. This Act takes effect upon
becoming law.