Illinois-2021-HB3591-Introduced

102ND GENERAL ASSEMBLY State of Illinois 2021 and 2022 HB3591

Introduced , by Rep. Marcus C. Evans, Jr.

SYNOPSIS AS INTRODUCED:

`730 ILCS 5/5-4-1`	`from Ch. 38, par. 1005-4-1`
`730 ILCS 5/5-5-3`

Amends the Unified Code of Corrections. In provisions that specify offenses for which a period of probation, a term of periodic imprisonment,

or
conditional discharge shall not be imposed, provides exceptions for

certain offenses in cases where the offender is under the age of 26 at the time of the offense. Provides that, at a sentencing hearing, the court shall consider the developmental appropriateness of the sentence and apply great weight to factors of youthfulness such as the diminished culpability of youth and young adults as compared to adults and capacity for growth and maturity.

LRB102 15234 KMF 20589 b

A BILL FOR

HB3591

LRB102 15234 KMF 20589 b

1 AN ACT concerning criminal law.

2 Be it enacted by the People of the State of Illinois,

3 represented in the General Assembly:

4 Section 5. The Unified Code of Corrections is amended by

5 changing Sections 5-4-1 and 5-5-3 as follows:

6 (730 ILCS 5/5-4-1) (from Ch. 38, par. 1005-4-1)

7 Sec. 5-4-1. Sentencing hearing.

8 (a) Except when the death penalty is sought under hearing

9 procedures otherwise specified, after a determination of

10 guilt, a hearing shall be held to impose the sentence.

11 However, prior to the imposition of sentence on an individual

12 being sentenced for an offense based upon a charge for a

13 violation of Section 11-501 of the Illinois Vehicle Code or a

14 similar provision of a local ordinance, the individual must

15 undergo a professional evaluation to determine if an alcohol

16 or other drug abuse problem exists and the extent of such a

17 problem. Programs conducting these evaluations shall be

18 licensed by the Department of Human Services. However, if the

19 individual is not a resident of Illinois, the court may, in its

20 discretion, accept an evaluation from a program in the state

21 of such individual's residence. The court shall make a

22 specific finding about whether the defendant is eligible for

23 participation in a Department impact incarceration program as

HB3591

- 2 -

LRB102 15234 KMF 20589 b

1 provided in Section 5-8-1.1 or 5-8-1.3, and if not, provide an

2 explanation as to why a sentence to impact incarceration is

3 not an appropriate sentence. The court may in its sentencing

4 order recommend a defendant for placement in a Department of

5 Corrections substance abuse treatment program as provided in

6 paragraph (a) of subsection (1) of Section 3-2-2 conditioned

7 upon the defendant being accepted in a program by the

8 Department of Corrections. At the hearing,the court shall:

9 (1) consider the evidence, if any, received upon the

10 trial;

11 (2) consider any presentence reports;

12 (3) consider the financial impact of incarceration

13 based on the financial impact statement filed with the

14 clerk of the court by the Department of Corrections;

15 (4) consider evidence and information offered by the

16 parties in aggravation and mitigation;

17 (4.5) consider substance abuse treatment, eligibility

18 screening, and an assessment, if any, of the defendant by

19 an agent designated by the State of Illinois to provide

20 assessment services for the Illinois courts;

21 (5) hear arguments as to sentencing alternatives;

22 (6) afford the defendant the opportunity to make a

23 statement in his own behalf;

24 (7) afford the victim of a violent crime or a

25 violation of Section 11-501 of the Illinois Vehicle Code,

26 or a similar provision of a local ordinance, the

HB3591

- 3 -

LRB102 15234 KMF 20589 b

1 opportunity to present an oral or written statement, as

2 guaranteed by Article I, Section 8.1 of the Illinois

3 Constitution and provided in Section 6 of the Rights of

4 Crime Victims and Witnesses Act. The court shall allow a

5 victim to make an oral statement if the victim is present

6 in the courtroom and requests to make an oral or written

7 statement. An oral or written statement includes the

8 victim or a representative of the victim reading the

9 written statement. The court may allow persons impacted by

10 the crime who are not victims under subsection (a) of

11 Section 3 of the Rights of Crime Victims and Witnesses Act

12 to present an oral or written statement. A victim and any

13 person making an oral statement shall not be put under

14 oath or subject to cross-examination. All statements

15 offered under this paragraph (7) shall become part of the

16 record of the court. In this paragraph (7), "victim of a

17 violent crime" means a person who is a victim of a violent

18 crime for which the defendant has been convicted after a

19 bench or jury trial or a person who is the victim of a

20 violent crime with which the defendant was charged and the

21 defendant has been convicted under a plea agreement of a

22 crime that is not a violent crime as defined in subsection

23 (c) of 3 of the Rights of Crime Victims and Witnesses Act;

24 (7.5) afford a qualified person affected by: (i) a

25 violation of Section 405, 405.1, 405.2, or 407 of the

26 Illinois Controlled Substances Act or a violation of

HB3591

- 4 -

LRB102 15234 KMF 20589 b

1 Section 55 or Section 65 of the Methamphetamine Control

2 and Community Protection Act; or (ii) a Class 4 felony

3 violation of Section 11-14, 11-14.3 except as described in

4 subdivisions (a)(2)(A) and (a)(2)(B), 11-15, 11-17, 11-18,

5 11-18.1, or 11-19 of the Criminal Code of 1961 or the

6 Criminal Code of 2012, committed by the defendant the

7 opportunity to make a statement concerning the impact on

8 the qualified person and to offer evidence in aggravation

9 or mitigation; provided that the statement and evidence

10 offered in aggravation or mitigation shall first be

11 prepared in writing in conjunction with the State's

12 Attorney before it may be presented orally at the hearing.

13 Sworn testimony offered by the qualified person is subject

14 to the defendant's right to cross-examine. All statements

15 and evidence offered under this paragraph (7.5) shall

16 become part of the record of the court. In this paragraph

17 (7.5), "qualified person" means any person who: (i) lived

18 or worked within the territorial jurisdiction where the

19 offense took place when the offense took place; or (ii) is

20 familiar with various public places within the territorial

21 jurisdiction where the offense took place when the offense

22 took place. "Qualified person" includes any peace officer

23 or any member of any duly organized State, county, or

24 municipal peace officer unit assigned to the territorial

25 jurisdiction where the offense took place when the offense

26 took place;

HB3591

- 5 -

LRB102 15234 KMF 20589 b

1 (8) in cases of reckless homicide afford the victim's

2 spouse, guardians, parents or other immediate family

3 members an opportunity to make oral statements;

4 (9) in cases involving a felony sex offense as defined

5 under the Sex Offender Management Board Act, consider the

6 results of the sex offender evaluation conducted pursuant

7 to Section 5-3-2 of this Act; ~~and~~

8 (10) make a finding of whether a motor vehicle was

9 used in the commission of the offense for which the

10 defendant is being sentenced; and ~~.~~

11 (11) consider the developmental appropriateness of the

12 sentence and apply great weight to factors of youthfulness

13 such as the diminished culpability of youth and young

14 adults as compared to adults and capacity for growth and

15 maturity.

16 (b) All sentences shall be imposed by the judge based upon

17 his independent assessment of the elements specified above and

18 any agreement as to sentence reached by the parties. The judge

19 who presided at the trial or the judge who accepted the plea of

20 guilty shall impose the sentence unless he is no longer

21 sitting as a judge in that court. Where the judge does not

22 impose sentence at the same time on all defendants who are

23 convicted as a result of being involved in the same offense,

24 the defendant or the State's Attorney may advise the

25 sentencing court of the disposition of any other defendants

26 who have been sentenced.

HB3591

- 6 -

LRB102 15234 KMF 20589 b

1 (b-1) In imposing a sentence of imprisonment or periodic

2 imprisonment for a Class 3 or Class 4 felony for which a

3 sentence of probation or conditional discharge is an available

4 sentence, if the defendant has no prior sentence of probation

5 or conditional discharge and no prior conviction for a violent

6 crime, the defendant shall not be sentenced to imprisonment

7 before review and consideration of a presentence report and

8 determination and explanation of why the particular evidence,

9 information, factor in aggravation, factual finding, or other

10 reasons support a sentencing determination that one or more of

11 the factors under subsection (a) of Section 5-6-1 of this Code

12 apply and that probation or conditional discharge is not an

13 appropriate sentence.

14 (c) In imposing a sentence for a violent crime or for an

15 offense of operating or being in physical control of a vehicle

16 while under the influence of alcohol, any other drug or any

17 combination thereof, or a similar provision of a local

18 ordinance, when such offense resulted in the personal injury

19 to someone other than the defendant, the trial judge shall

20 specify on the record the particular evidence, information,

21 factors in mitigation and aggravation or other reasons that

22 led to his sentencing determination. The full verbatim record

23 of the sentencing hearing shall be filed with the clerk of the

24 court and shall be a public record.

25 (c-1) In imposing a sentence for the offense of aggravated

26 kidnapping for ransom, home invasion, armed robbery,

HB3591

- 7 -

LRB102 15234 KMF 20589 b

1 aggravated vehicular hijacking, aggravated discharge of a

2 firearm, or armed violence with a category I weapon or

3 category II weapon, the trial judge shall make a finding as to

4 whether the conduct leading to conviction for the offense

5 resulted in great bodily harm to a victim, and shall enter that

6 finding and the basis for that finding in the record.

7 (c-2) If the defendant is sentenced to prison, other than

8 when a sentence of natural life imprisonment or a sentence of

9 death is imposed, at the time the sentence is imposed the judge

10 shall state on the record in open court the approximate period

11 of time the defendant will serve in custody according to the

12 then current statutory rules and regulations for sentence

13 credit found in Section 3-6-3 and other related provisions of

14 this Code. This statement is intended solely to inform the

15 public, has no legal effect on the defendant's actual release,

16 and may not be relied on by the defendant on appeal.

17 The judge's statement, to be given after pronouncing the

18 sentence, other than when the sentence is imposed for one of

19 the offenses enumerated in paragraph (a)(4) of Section 3-6-3,

20 shall include the following:

21 "The purpose of this statement is to inform the public of

22 the actual period of time this defendant is likely to spend in

23 prison as a result of this sentence. The actual period of

24 prison time served is determined by the statutes of Illinois

25 as applied to this sentence by the Illinois Department of

26 Corrections and the Illinois Prisoner Review Board. In this

HB3591

- 8 -

LRB102 15234 KMF 20589 b

1 case, assuming the defendant receives all of his or her

2 sentence credit, the period of estimated actual custody is ...

3 years and ... months, less up to 180 days additional earned

4 sentence credit. If the defendant, because of his or her own

5 misconduct or failure to comply with the institutional

6 regulations, does not receive those credits, the actual time

7 served in prison will be longer. The defendant may also

8 receive an additional one-half day sentence credit for each

9 day of participation in vocational, industry, substance abuse,

10 and educational programs as provided for by Illinois statute."

11 When the sentence is imposed for one of the offenses

12 enumerated in paragraph (a)(2) of Section 3-6-3, other than

13 first degree murder, and the offense was committed on or after

14 June 19, 1998, and when the sentence is imposed for reckless

15 homicide as defined in subsection (e) of Section 9-3 of the

16 Criminal Code of 1961 or the Criminal Code of 2012 if the

17 offense was committed on or after January 1, 1999, and when the

18 sentence is imposed for aggravated driving under the influence

19 of alcohol, other drug or drugs, or intoxicating compound or

20 compounds, or any combination thereof as defined in

21 subparagraph (F) of paragraph (1) of subsection (d) of Section

22 11-501 of the Illinois Vehicle Code, and when the sentence is

23 imposed for aggravated arson if the offense was committed on

24 or after July 27, 2001 (the effective date of Public Act

25 92-176), and when the sentence is imposed for aggravated

26 driving under the influence of alcohol, other drug or drugs,

HB3591

- 9 -

LRB102 15234 KMF 20589 b

1 or intoxicating compound or compounds, or any combination

2 thereof as defined in subparagraph (C) of paragraph (1) of

3 subsection (d) of Section 11-501 of the Illinois Vehicle Code

4 committed on or after January 1, 2011 (the effective date of

5 Public Act 96-1230), the judge's statement, to be given after

6 pronouncing the sentence, shall include the following:

7 "The purpose of this statement is to inform the public of

8 the actual period of time this defendant is likely to spend in

9 prison as a result of this sentence. The actual period of

10 prison time served is determined by the statutes of Illinois

11 as applied to this sentence by the Illinois Department of

12 Corrections and the Illinois Prisoner Review Board. In this

13 case, the defendant is entitled to no more than 4 1/2 days of

14 sentence credit for each month of his or her sentence of

15 imprisonment. Therefore, this defendant will serve at least

16 85% of his or her sentence. Assuming the defendant receives 4

17 1/2 days credit for each month of his or her sentence, the

18 period of estimated actual custody is ... years and ...

19 months. If the defendant, because of his or her own misconduct

20 or failure to comply with the institutional regulations

21 receives lesser credit, the actual time served in prison will

22 be longer."

23 When a sentence of imprisonment is imposed for first

24 degree murder and the offense was committed on or after June

25 19, 1998, the judge's statement, to be given after pronouncing

26 the sentence, shall include the following:

HB3591

- 10 -

LRB102 15234 KMF 20589 b

1 "The purpose of this statement is to inform the public of

2 the actual period of time this defendant is likely to spend in

3 prison as a result of this sentence. The actual period of

4 prison time served is determined by the statutes of Illinois

5 as applied to this sentence by the Illinois Department of

6 Corrections and the Illinois Prisoner Review Board. In this

7 case, the defendant is not entitled to sentence credit.

8 Therefore, this defendant will serve 100% of his or her

9 sentence."

10 When the sentencing order recommends placement in a

11 substance abuse program for any offense that results in

12 incarceration in a Department of Corrections facility and the

13 crime was committed on or after September 1, 2003 (the

14 effective date of Public Act 93-354), the judge's statement,

15 in addition to any other judge's statement required under this

16 Section, to be given after pronouncing the sentence, shall

17 include the following:

18 "The purpose of this statement is to inform the public of

19 the actual period of time this defendant is likely to spend in

20 prison as a result of this sentence. The actual period of

21 prison time served is determined by the statutes of Illinois

22 as applied to this sentence by the Illinois Department of

23 Corrections and the Illinois Prisoner Review Board. In this

24 case, the defendant shall receive no earned sentence credit

25 under clause (3) of subsection (a) of Section 3-6-3 until he or

26 she participates in and completes a substance abuse treatment

HB3591

- 11 -

LRB102 15234 KMF 20589 b

1 program or receives a waiver from the Director of Corrections

2 pursuant to clause (4.5) of subsection (a) of Section 3-6-3."

3 (c-4) Before the sentencing hearing and as part of the

4 presentence investigation under Section 5-3-1, the court shall

5 inquire of the defendant whether the defendant is currently

6 serving in or is a veteran of the Armed Forces of the United

7 States. If the defendant is currently serving in the Armed

8 Forces of the United States or is a veteran of the Armed Forces

9 of the United States and has been diagnosed as having a mental

10 illness by a qualified psychiatrist or clinical psychologist

11 or physician, the court may:

12 (1) order that the officer preparing the presentence

13 report consult with the United States Department of

14 Veterans Affairs, Illinois Department of Veterans'

15 Affairs, or another agency or person with suitable

16 knowledge or experience for the purpose of providing the

17 court with information regarding treatment options

18 available to the defendant, including federal, State, and

19 local programming; and

20 (2) consider the treatment recommendations of any

21 diagnosing or treating mental health professionals

22 together with the treatment options available to the

23 defendant in imposing sentence.

24 For the purposes of this subsection (c-4), "qualified

25 psychiatrist" means a reputable physician licensed in Illinois

26 to practice medicine in all its branches, who has specialized

HB3591

- 12 -

LRB102 15234 KMF 20589 b

1 in the diagnosis and treatment of mental and nervous disorders

2 for a period of not less than 5 years.

3 (c-6) In imposing a sentence, the trial judge shall

4 specify, on the record, the particular evidence and other

5 reasons which led to his or her determination that a motor

6 vehicle was used in the commission of the offense.

7 (d) When the defendant is committed to the Department of

8 Corrections, the State's Attorney shall and counsel for the

9 defendant may file a statement with the clerk of the court to

10 be transmitted to the department, agency or institution to

11 which the defendant is committed to furnish such department,

12 agency or institution with the facts and circumstances of the

13 offense for which the person was committed together with all

14 other factual information accessible to them in regard to the

15 person prior to his commitment relative to his habits,

16 associates, disposition and reputation and any other facts and

17 circumstances which may aid such department, agency or

18 institution during its custody of such person. The clerk shall

19 within 10 days after receiving any such statements transmit a

20 copy to such department, agency or institution and a copy to

21 the other party, provided, however, that this shall not be

22 cause for delay in conveying the person to the department,

23 agency or institution to which he has been committed.

24 (e) The clerk of the court shall transmit to the

25 department, agency or institution, if any, to which the

26 defendant is committed, the following:

HB3591

- 13 -

LRB102 15234 KMF 20589 b

1 (1) the sentence imposed;

2 (2) any statement by the court of the basis for

3 imposing the sentence;

4 (3) any presentence reports;

5 (3.5) any sex offender evaluations;

6 (3.6) any substance abuse treatment eligibility

7 screening and assessment of the defendant by an agent

8 designated by the State of Illinois to provide assessment

9 services for the Illinois courts;

10 (4) the number of days, if any, which the defendant

11 has been in custody and for which he is entitled to credit

12 against the sentence, which information shall be provided

13 to the clerk by the sheriff;

14 (4.1) any finding of great bodily harm made by the

15 court with respect to an offense enumerated in subsection

16 (c-1);

17 (5) all statements filed under subsection (d) of this

18 Section;

19 (6) any medical or mental health records or summaries

20 of the defendant;

21 (7) the municipality where the arrest of the offender

22 or the commission of the offense has occurred, where such

23 municipality has a population of more than 25,000 persons;

24 (8) all statements made and evidence offered under

25 paragraph (7) of subsection (a) of this Section; and

26 (9) all additional matters which the court directs the

HB3591

- 14 -

LRB102 15234 KMF 20589 b

1 clerk to transmit.

2 (f) In cases in which the court finds that a motor vehicle

3 was used in the commission of the offense for which the

4 defendant is being sentenced, the clerk of the court shall,

5 within 5 days thereafter, forward a report of such conviction

6 to the Secretary of State.

7 (Source: P.A. 100-961, eff. 1-1-19; 101-81, eff. 7-12-19;

8 101-105, eff. 1-1-20.)

9 (730 ILCS 5/5-5-3)

10 Sec. 5-5-3. Disposition.

11 (a) (Blank).

12 (b) (Blank).

13 (c) (1) (Blank).

14 (2) A period of probation, a term of periodic imprisonment

15 or conditional discharge shall not be imposed for the

16 following offenses. The court shall sentence the offender to

17 not less than the minimum term of imprisonment set forth in

18 this Code for the following offenses, and may order a fine or

19 restitution or both in conjunction with such term of

20 imprisonment:

21 (A) First degree murder where the death penalty is not

22 imposed.

23 (B) Attempted first degree murder.

24 (C) A Class X felony.

25 (D) Except in cases where the offender is under the

HB3591

- 15 -

LRB102 15234 KMF 20589 b

1 age of 26 at the time of the offense, a ~~A~~ violation of

2 Section 401.1 or 407 of the Illinois Controlled Substances

3 Act, or a violation of subdivision (c)(1.5) of Section 401

4 of that Act which relates to more than 5 grams of a

5 substance containing fentanyl or an analog thereof.

6 (D-5) Except in cases where the offender is under the

7 age of 26 at the time of the offense, a ~~A~~ violation of

8 subdivision (c)(1) of Section 401 of the Illinois

9 Controlled Substances Act which relates to 3 or more grams

10 of a substance containing heroin or an analog thereof.

11 (E) (Blank).

12 (F) A Class 1 or greater felony if the offender had

13 been convicted of a Class 1 or greater felony, including

14 any state or federal conviction for an offense that

15 contained, at the time it was committed, the same elements

16 as an offense now (the date of the offense committed after

17 the prior Class 1 or greater felony) classified as a Class

18 1 or greater felony, within 10 years of the date on which

19 the offender committed the offense for which he or she is

20 being sentenced, except as otherwise provided in Section

21 40-10 of the Substance Use Disorder Act.

22 (F-3) A Class 2 or greater felony sex offense or

23 felony firearm offense if the offender had been convicted

24 of a Class 2 or greater felony, including any state or

25 federal conviction for an offense that contained, at the

26 time it was committed, the same elements as an offense now

HB3591

- 16 -

LRB102 15234 KMF 20589 b

1 (the date of the offense committed after the prior Class 2

2 or greater felony) classified as a Class 2 or greater

3 felony, within 10 years of the date on which the offender

4 committed the offense for which he or she is being

5 sentenced, except as otherwise provided in Section 40-10

6 of the Substance Use Disorder Act.

7 (F-5) A violation of Section 24-1, 24-1.1, or 24-1.6

8 of the Criminal Code of 1961 or the Criminal Code of 2012

9 for which imprisonment is prescribed in those Sections.

10 (G) Except in cases where the offender is under the

11 age of 26 at the time of the offense, residential

12 ~~Residential~~ burglary, except as otherwise provided in

13 Section 40-10 of the Substance Use Disorder Act.

14 (H) Criminal sexual assault.

15 (I) Aggravated battery of a senior citizen as

16 described in Section 12-4.6 or subdivision (a)(4) of

17 Section 12-3.05 of the Criminal Code of 1961 or the

18 Criminal Code of 2012.

19 (J) A forcible felony if the offense was related to

20 the activities of an organized gang.

21 Before July 1, 1994, for the purposes of this

22 paragraph, "organized gang" means an association of 5 or

23 more persons, with an established hierarchy, that

24 encourages members of the association to perpetrate crimes

25 or provides support to the members of the association who

26 do commit crimes.

HB3591

- 17 -

LRB102 15234 KMF 20589 b

1 Beginning July 1, 1994, for the purposes of this

2 paragraph, "organized gang" has the meaning ascribed to it

3 in Section 10 of the Illinois Streetgang Terrorism Omnibus

4 Prevention Act.

5 (K) Vehicular hijacking.

6 (L) A second or subsequent conviction for the offense

7 of hate crime when the underlying offense upon which the

8 hate crime is based is felony aggravated assault or felony

9 mob action.

10 (M) A second or subsequent conviction for the offense

11 of institutional vandalism if the damage to the property

12 exceeds $300.

13 (N) Except in cases where the offender is under the

14 age of 26 at the time of the offense, a ~~A~~ Class 3 felony

15 violation of paragraph (1) of subsection (a) of Section 2

16 of the Firearm Owners Identification Card Act.

17 (O) A violation of Section 12-6.1 or 12-6.5 of the

18 Criminal Code of 1961 or the Criminal Code of 2012.

19 (P) A violation of paragraph (1), (2), (3), (4), (5),

20 or (7) of subsection (a) of Section 11-20.1 of the

21 Criminal Code of 1961 or the Criminal Code of 2012.

22 (Q) A violation of subsection (b) or (b-5) of Section

23 20-1, Section 20-1.2, or Section 20-1.3 of the Criminal

24 Code of 1961 or the Criminal Code of 2012.

25 (R) A violation of Section 24-3A of the Criminal Code

26 of 1961 or the Criminal Code of 2012.

HB3591

- 18 -

LRB102 15234 KMF 20589 b

1 (S) (Blank).

2 (T) (Blank).

3 (U) A second or subsequent violation of Section 6-303

4 of the Illinois Vehicle Code committed while his or her

5 driver's license, permit, or privilege was revoked because

6 of a violation of Section 9-3 of the Criminal Code of 1961

7 or the Criminal Code of 2012, relating to the offense of

8 reckless homicide, or a similar provision of a law of

9 another state.

10 (V) A violation of paragraph (4) of subsection (c) of

11 Section 11-20.1B or paragraph (4) of subsection (c) of

12 Section 11-20.3 of the Criminal Code of 1961, or paragraph

13 (6) of subsection (a) of Section 11-20.1 of the Criminal

14 Code of 2012 when the victim is under 13 years of age and

15 the defendant has previously been convicted under the laws

16 of this State or any other state of the offense of child

17 pornography, aggravated child pornography, aggravated

18 criminal sexual abuse, aggravated criminal sexual assault,

19 predatory criminal sexual assault of a child, or any of

20 the offenses formerly known as rape, deviate sexual

21 assault, indecent liberties with a child, or aggravated

22 indecent liberties with a child where the victim was under

23 the age of 18 years or an offense that is substantially

24 equivalent to those offenses.

25 (W) A violation of Section 24-3.5 of the Criminal Code

26 of 1961 or the Criminal Code of 2012.

HB3591

- 19 -

LRB102 15234 KMF 20589 b

1 (X) A violation of subsection (a) of Section 31-1a of

2 the Criminal Code of 1961 or the Criminal Code of 2012.

3 (Y) A conviction for unlawful possession of a firearm

4 by a street gang member when the firearm was loaded or

5 contained firearm ammunition.

6 (Z) Except in cases where the offender is under the

7 age of 26 at the time of the offense, a ~~A~~ Class 1 felony

8 committed while he or she was serving a term of probation

9 or conditional discharge for a felony.

10 (AA) Theft of property exceeding $500,000 and not

11 exceeding $1,000,000 in value.

12 (BB) Laundering of criminally derived property of a

13 value exceeding $500,000.

14 (CC) Knowingly selling, offering for sale, holding for

15 sale, or using 2,000 or more counterfeit items or

16 counterfeit items having a retail value in the aggregate

17 of $500,000 or more.

18 (DD) A conviction for aggravated assault under

19 paragraph (6) of subsection (c) of Section 12-2 of the

20 Criminal Code of 1961 or the Criminal Code of 2012 if the

21 firearm is aimed toward the person against whom the

22 firearm is being used.

23 (EE) A conviction for a violation of paragraph (2) of

24 subsection (a) of Section 24-3B of the Criminal Code of

25 2012.

26 (3) (Blank).

HB3591

- 20 -

LRB102 15234 KMF 20589 b

1 (4) A minimum term of imprisonment of not less than 10

2 consecutive days or 30 days of community service shall be

3 imposed for a violation of paragraph (c) of Section 6-303 of

4 the Illinois Vehicle Code.

5 (4.1) (Blank).

6 (4.2) Except as provided in paragraphs (4.3) and (4.8) of

7 this subsection (c), a minimum of 100 hours of community

8 service shall be imposed for a second violation of Section

9 6-303 of the Illinois Vehicle Code.

10 (4.3) A minimum term of imprisonment of 30 days or 300

11 hours of community service, as determined by the court, shall

12 be imposed for a second violation of subsection (c) of Section

13 6-303 of the Illinois Vehicle Code.

14 (4.4) Except as provided in paragraphs (4.5), (4.6), and

15 (4.9) of this subsection (c), a minimum term of imprisonment

16 of 30 days or 300 hours of community service, as determined by

17 the court, shall be imposed for a third or subsequent

18 violation of Section 6-303 of the Illinois Vehicle Code. The

19 court may give credit toward the fulfillment of community

20 service hours for participation in activities and treatment as

21 determined by court services.

22 (4.5) A minimum term of imprisonment of 30 days shall be

23 imposed for a third violation of subsection (c) of Section

24 6-303 of the Illinois Vehicle Code.

25 (4.6) Except as provided in paragraph (4.10) of this

26 subsection (c), a minimum term of imprisonment of 180 days

HB3591

- 21 -

LRB102 15234 KMF 20589 b

1 shall be imposed for a fourth or subsequent violation of

2 subsection (c) of Section 6-303 of the Illinois Vehicle Code.

3 (4.7) A minimum term of imprisonment of not less than 30

4 consecutive days, or 300 hours of community service, shall be

5 imposed for a violation of subsection (a-5) of Section 6-303

6 of the Illinois Vehicle Code, as provided in subsection (b-5)

7 of that Section.

8 (4.8) A mandatory prison sentence shall be imposed for a

9 second violation of subsection (a-5) of Section 6-303 of the

10 Illinois Vehicle Code, as provided in subsection (c-5) of that

11 Section. The person's driving privileges shall be revoked for

12 a period of not less than 5 years from the date of his or her

13 release from prison.

14 (4.9) A mandatory prison sentence of not less than 4 and

15 not more than 15 years shall be imposed for a third violation

16 of subsection (a-5) of Section 6-303 of the Illinois Vehicle

17 Code, as provided in subsection (d-2.5) of that Section. The

18 person's driving privileges shall be revoked for the remainder

19 of his or her life.

20 (4.10) A mandatory prison sentence for a Class 1 felony

21 shall be imposed, and the person shall be eligible for an

22 extended term sentence, for a fourth or subsequent violation

23 of subsection (a-5) of Section 6-303 of the Illinois Vehicle

24 Code, as provided in subsection (d-3.5) of that Section. The

25 person's driving privileges shall be revoked for the remainder

26 of his or her life.

HB3591

- 22 -

LRB102 15234 KMF 20589 b

1 (5) The court may sentence a corporation or unincorporated

2 association convicted of any offense to:

3 (A) a period of conditional discharge;

4 (B) a fine;

5 (C) make restitution to the victim under Section 5-5-6

6 of this Code.

7 (5.1) In addition to any other penalties imposed, and

8 except as provided in paragraph (5.2) or (5.3), a person

9 convicted of violating subsection (c) of Section 11-907 of the

10 Illinois Vehicle Code shall have his or her driver's license,

11 permit, or privileges suspended for at least 90 days but not

12 more than one year, if the violation resulted in damage to the

13 property of another person.

14 (5.2) In addition to any other penalties imposed, and

15 except as provided in paragraph (5.3), a person convicted of

16 violating subsection (c) of Section 11-907 of the Illinois

17 Vehicle Code shall have his or her driver's license, permit,

18 or privileges suspended for at least 180 days but not more than

19 2 years, if the violation resulted in injury to another

20 person.

21 (5.3) In addition to any other penalties imposed, a person

22 convicted of violating subsection (c) of Section 11-907 of the

23 Illinois Vehicle Code shall have his or her driver's license,

24 permit, or privileges suspended for 2 years, if the violation

25 resulted in the death of another person.

26 (5.4) In addition to any other penalties imposed, a person

HB3591

- 23 -

LRB102 15234 KMF 20589 b

1 convicted of violating Section 3-707 of the Illinois Vehicle

2 Code shall have his or her driver's license, permit, or

3 privileges suspended for 3 months and until he or she has paid

4 a reinstatement fee of $100.

5 (5.5) In addition to any other penalties imposed, a person

6 convicted of violating Section 3-707 of the Illinois Vehicle

7 Code during a period in which his or her driver's license,

8 permit, or privileges were suspended for a previous violation

9 of that Section shall have his or her driver's license,

10 permit, or privileges suspended for an additional 6 months

11 after the expiration of the original 3-month suspension and

12 until he or she has paid a reinstatement fee of $100.

13 (6) (Blank).

14 (7) (Blank).

15 (8) (Blank).

16 (9) A defendant convicted of a second or subsequent

17 offense of ritualized abuse of a child may be sentenced to a

18 term of natural life imprisonment.

19 (10) (Blank).

20 (11) The court shall impose a minimum fine of $1,000 for a

21 first offense and $2,000 for a second or subsequent offense

22 upon a person convicted of or placed on supervision for

23 battery when the individual harmed was a sports official or

24 coach at any level of competition and the act causing harm to

25 the sports official or coach occurred within an athletic

26 facility or within the immediate vicinity of the athletic

HB3591

- 24 -

LRB102 15234 KMF 20589 b

1 facility at which the sports official or coach was an active

2 participant of the athletic contest held at the athletic

3 facility. For the purposes of this paragraph (11), "sports

4 official" means a person at an athletic contest who enforces

5 the rules of the contest, such as an umpire or referee;

6 "athletic facility" means an indoor or outdoor playing field

7 or recreational area where sports activities are conducted;

8 and "coach" means a person recognized as a coach by the

9 sanctioning authority that conducted the sporting event.

10 (12) A person may not receive a disposition of court

11 supervision for a violation of Section 5-16 of the Boat

12 Registration and Safety Act if that person has previously

13 received a disposition of court supervision for a violation of

14 that Section.

15 (13) A person convicted of or placed on court supervision

16 for an assault or aggravated assault when the victim and the

17 offender are family or household members as defined in Section

18 103 of the Illinois Domestic Violence Act of 1986 or convicted

19 of domestic battery or aggravated domestic battery may be

20 required to attend a Partner Abuse Intervention Program under

21 protocols set forth by the Illinois Department of Human

22 Services under such terms and conditions imposed by the court.

23 The costs of such classes shall be paid by the offender.

24 (d) In any case in which a sentence originally imposed is

25 vacated, the case shall be remanded to the trial court. The

26 trial court shall hold a hearing under Section 5-4-1 of this

HB3591

- 25 -

LRB102 15234 KMF 20589 b

1 Code which may include evidence of the defendant's life, moral

2 character and occupation during the time since the original

3 sentence was passed. The trial court shall then impose

4 sentence upon the defendant. The trial court may impose any

5 sentence which could have been imposed at the original trial

6 subject to Section 5-5-4 of this Code. If a sentence is vacated

7 on appeal or on collateral attack due to the failure of the

8 trier of fact at trial to determine beyond a reasonable doubt

9 the existence of a fact (other than a prior conviction)

10 necessary to increase the punishment for the offense beyond

11 the statutory maximum otherwise applicable, either the

12 defendant may be re-sentenced to a term within the range

13 otherwise provided or, if the State files notice of its

14 intention to again seek the extended sentence, the defendant

15 shall be afforded a new trial.

16 (e) In cases where prosecution for aggravated criminal

17 sexual abuse under Section 11-1.60 or 12-16 of the Criminal

18 Code of 1961 or the Criminal Code of 2012 results in conviction

19 of a defendant who was a family member of the victim at the

20 time of the commission of the offense, the court shall

21 consider the safety and welfare of the victim and may impose a

22 sentence of probation only where:

23 (1) the court finds (A) or (B) or both are

24 appropriate:

25 (A) the defendant is willing to undergo a court

26 approved counseling program for a minimum duration of

HB3591

- 26 -

LRB102 15234 KMF 20589 b

1 2 years; or

2 (B) the defendant is willing to participate in a

3 court approved plan including but not limited to the

4 defendant's:

5 (i) removal from the household;

6 (ii) restricted contact with the victim;

7 (iii) continued financial support of the

8 family;

9 (iv) restitution for harm done to the victim;

10 and

11 (v) compliance with any other measures that

12 the court may deem appropriate; and

13 (2) the court orders the defendant to pay for the

14 victim's counseling services, to the extent that the court

15 finds, after considering the defendant's income and

16 assets, that the defendant is financially capable of

17 paying for such services, if the victim was under 18 years

18 of age at the time the offense was committed and requires

19 counseling as a result of the offense.

20 Probation may be revoked or modified pursuant to Section

21 5-6-4; except where the court determines at the hearing that

22 the defendant violated a condition of his or her probation

23 restricting contact with the victim or other family members or

24 commits another offense with the victim or other family

25 members, the court shall revoke the defendant's probation and

26 impose a term of imprisonment.

HB3591

- 27 -

LRB102 15234 KMF 20589 b

1 For the purposes of this Section, "family member" and

2 "victim" shall have the meanings ascribed to them in Section

3 11-0.1 of the Criminal Code of 2012.

4 (f) (Blank).

5 (g) Whenever a defendant is convicted of an offense under

6 Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-14,

7 11-14.3, 11-14.4 except for an offense that involves keeping a

8 place of juvenile prostitution, 11-15, 11-15.1, 11-16, 11-17,

9 11-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 12-13, 12-14,

10 12-14.1, 12-15 or 12-16 of the Criminal Code of 1961 or the

11 Criminal Code of 2012, the defendant shall undergo medical

12 testing to determine whether the defendant has any sexually

13 transmissible disease, including a test for infection with

14 human immunodeficiency virus (HIV) or any other identified

15 causative agent of acquired immunodeficiency syndrome (AIDS).

16 Any such medical test shall be performed only by appropriately

17 licensed medical practitioners and may include an analysis of

18 any bodily fluids as well as an examination of the defendant's

19 person. Except as otherwise provided by law, the results of

20 such test shall be kept strictly confidential by all medical

21 personnel involved in the testing and must be personally

22 delivered in a sealed envelope to the judge of the court in

23 which the conviction was entered for the judge's inspection in

24 camera. Acting in accordance with the best interests of the

25 victim and the public, the judge shall have the discretion to

26 determine to whom, if anyone, the results of the testing may be

HB3591

- 28 -

LRB102 15234 KMF 20589 b

1 revealed. The court shall notify the defendant of the test

2 results. The court shall also notify the victim if requested

3 by the victim, and if the victim is under the age of 15 and if

4 requested by the victim's parents or legal guardian, the court

5 shall notify the victim's parents or legal guardian of the

6 test results. The court shall provide information on the

7 availability of HIV testing and counseling at Department of

8 Public Health facilities to all parties to whom the results of

9 the testing are revealed and shall direct the State's Attorney

10 to provide the information to the victim when possible. A

11 State's Attorney may petition the court to obtain the results

12 of any HIV test administered under this Section, and the court

13 shall grant the disclosure if the State's Attorney shows it is

14 relevant in order to prosecute a charge of criminal

15 transmission of HIV under Section 12-5.01 or 12-16.2 of the

16 Criminal Code of 1961 or the Criminal Code of 2012 against the

17 defendant. The court shall order that the cost of any such test

18 shall be paid by the county and may be taxed as costs against

19 the convicted defendant.

20 (g-5) When an inmate is tested for an airborne

21 communicable disease, as determined by the Illinois Department

22 of Public Health including but not limited to tuberculosis,

23 the results of the test shall be personally delivered by the

24 warden or his or her designee in a sealed envelope to the judge

25 of the court in which the inmate must appear for the judge's

26 inspection in camera if requested by the judge. Acting in

HB3591

- 29 -

LRB102 15234 KMF 20589 b

1 accordance with the best interests of those in the courtroom,

2 the judge shall have the discretion to determine what if any

3 precautions need to be taken to prevent transmission of the

4 disease in the courtroom.

5 (h) Whenever a defendant is convicted of an offense under

6 Section 1 or 2 of the Hypodermic Syringes and Needles Act, the

7 defendant shall undergo medical testing to determine whether

8 the defendant has been exposed to human immunodeficiency virus

9 (HIV) or any other identified causative agent of acquired

10 immunodeficiency syndrome (AIDS). Except as otherwise provided

11 by law, the results of such test shall be kept strictly

12 confidential by all medical personnel involved in the testing

13 and must be personally delivered in a sealed envelope to the

14 judge of the court in which the conviction was entered for the

15 judge's inspection in camera. Acting in accordance with the

16 best interests of the public, the judge shall have the

17 discretion to determine to whom, if anyone, the results of the

18 testing may be revealed. The court shall notify the defendant

19 of a positive test showing an infection with the human

20 immunodeficiency virus (HIV). The court shall provide

21 information on the availability of HIV testing and counseling

22 at Department of Public Health facilities to all parties to

23 whom the results of the testing are revealed and shall direct

24 the State's Attorney to provide the information to the victim

25 when possible. A State's Attorney may petition the court to

26 obtain the results of any HIV test administered under this

HB3591

- 30 -

LRB102 15234 KMF 20589 b

1 Section, and the court shall grant the disclosure if the

2 State's Attorney shows it is relevant in order to prosecute a

3 charge of criminal transmission of HIV under Section 12-5.01

4 or 12-16.2 of the Criminal Code of 1961 or the Criminal Code of

5 2012 against the defendant. The court shall order that the

6 cost of any such test shall be paid by the county and may be

7 taxed as costs against the convicted defendant.

8 (i) All fines and penalties imposed under this Section for

9 any violation of Chapters 3, 4, 6, and 11 of the Illinois

10 Vehicle Code, or a similar provision of a local ordinance, and

11 any violation of the Child Passenger Protection Act, or a

12 similar provision of a local ordinance, shall be collected and

13 disbursed by the circuit clerk as provided under the Criminal

14 and Traffic Assessment Act.

15 (j) In cases when prosecution for any violation of Section

16 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-8, 11-9,

17 11-11, 11-14, 11-14.3, 11-14.4, 11-15, 11-15.1, 11-16, 11-17,

18 11-17.1, 11-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 11-20.1,

19 11-20.1B, 11-20.3, 11-21, 11-30, 11-40, 12-13, 12-14, 12-14.1,

20 12-15, or 12-16 of the Criminal Code of 1961 or the Criminal

21 Code of 2012, any violation of the Illinois Controlled

22 Substances Act, any violation of the Cannabis Control Act, or

23 any violation of the Methamphetamine Control and Community

24 Protection Act results in conviction, a disposition of court

25 supervision, or an order of probation granted under Section 10

26 of the Cannabis Control Act, Section 410 of the Illinois

HB3591

- 31 -

LRB102 15234 KMF 20589 b

1 Controlled Substances Act, or Section 70 of the

2 Methamphetamine Control and Community Protection Act of a

3 defendant, the court shall determine whether the defendant is

4 employed by a facility or center as defined under the Child

5 Care Act of 1969, a public or private elementary or secondary

6 school, or otherwise works with children under 18 years of age

7 on a daily basis. When a defendant is so employed, the court

8 shall order the Clerk of the Court to send a copy of the

9 judgment of conviction or order of supervision or probation to

10 the defendant's employer by certified mail. If the employer of

11 the defendant is a school, the Clerk of the Court shall direct

12 the mailing of a copy of the judgment of conviction or order of

13 supervision or probation to the appropriate regional

14 superintendent of schools. The regional superintendent of

15 schools shall notify the State Board of Education of any

16 notification under this subsection.

17 (j-5) A defendant at least 17 years of age who is convicted

18 of a felony and who has not been previously convicted of a

19 misdemeanor or felony and who is sentenced to a term of

20 imprisonment in the Illinois Department of Corrections shall

21 as a condition of his or her sentence be required by the court

22 to attend educational courses designed to prepare the

23 defendant for a high school diploma and to work toward a high

24 school diploma or to work toward passing high school

25 equivalency testing or to work toward completing a vocational

26 training program offered by the Department of Corrections. If

HB3591

- 32 -

LRB102 15234 KMF 20589 b

1 a defendant fails to complete the educational training

2 required by his or her sentence during the term of

3 incarceration, the Prisoner Review Board shall, as a condition

4 of mandatory supervised release, require the defendant, at his

5 or her own expense, to pursue a course of study toward a high

6 school diploma or passage of high school equivalency testing.

7 The Prisoner Review Board shall revoke the mandatory

8 supervised release of a defendant who wilfully fails to comply

9 with this subsection (j-5) upon his or her release from

10 confinement in a penal institution while serving a mandatory

11 supervised release term; however, the inability of the

12 defendant after making a good faith effort to obtain financial

13 aid or pay for the educational training shall not be deemed a

14 wilful failure to comply. The Prisoner Review Board shall

15 recommit the defendant whose mandatory supervised release term

16 has been revoked under this subsection (j-5) as provided in

17 Section 3-3-9. This subsection (j-5) does not apply to a

18 defendant who has a high school diploma or has successfully

19 passed high school equivalency testing. This subsection (j-5)

20 does not apply to a defendant who is determined by the court to

21 be a person with a developmental disability or otherwise

22 mentally incapable of completing the educational or vocational

23 program.

24 (k) (Blank).

25 (l) (A) Except as provided in paragraph (C) of subsection

26 (l), whenever a defendant, who is an alien as defined by the

HB3591

- 33 -

LRB102 15234 KMF 20589 b

1 Immigration and Nationality Act, is convicted of any felony or

2 misdemeanor offense, the court after sentencing the defendant

3 may, upon motion of the State's Attorney, hold sentence in

4 abeyance and remand the defendant to the custody of the

5 Attorney General of the United States or his or her designated

6 agent to be deported when:

7 (1) a final order of deportation has been issued

8 against the defendant pursuant to proceedings under the

9 Immigration and Nationality Act, and

10 (2) the deportation of the defendant would not

11 deprecate the seriousness of the defendant's conduct and

12 would not be inconsistent with the ends of justice.

13 Otherwise, the defendant shall be sentenced as provided in

14 this Chapter V.

15 (B) If the defendant has already been sentenced for a

16 felony or misdemeanor offense, or has been placed on probation

17 under Section 10 of the Cannabis Control Act, Section 410 of

18 the Illinois Controlled Substances Act, or Section 70 of the

19 Methamphetamine Control and Community Protection Act, the

20 court may, upon motion of the State's Attorney to suspend the

21 sentence imposed, commit the defendant to the custody of the

22 Attorney General of the United States or his or her designated

23 agent when:

24 (1) a final order of deportation has been issued

25 against the defendant pursuant to proceedings under the

26 Immigration and Nationality Act, and

HB3591

- 34 -

LRB102 15234 KMF 20589 b

1 (2) the deportation of the defendant would not

2 deprecate the seriousness of the defendant's conduct and

3 would not be inconsistent with the ends of justice.

4 (C) This subsection (l) does not apply to offenders who

5 are subject to the provisions of paragraph (2) of subsection

6 (a) of Section 3-6-3.

7 (D) Upon motion of the State's Attorney, if a defendant

8 sentenced under this Section returns to the jurisdiction of

9 the United States, the defendant shall be recommitted to the

10 custody of the county from which he or she was sentenced.

11 Thereafter, the defendant shall be brought before the

12 sentencing court, which may impose any sentence that was

13 available under Section 5-5-3 at the time of initial

14 sentencing. In addition, the defendant shall not be eligible

15 for additional earned sentence credit as provided under

16 Section 3-6-3.

17 (m) A person convicted of criminal defacement of property

18 under Section 21-1.3 of the Criminal Code of 1961 or the

19 Criminal Code of 2012, in which the property damage exceeds

20 $300 and the property damaged is a school building, shall be

21 ordered to perform community service that may include cleanup,

22 removal, or painting over the defacement.

23 (n) The court may sentence a person convicted of a

24 violation of Section 12-19, 12-21, 16-1.3, or 17-56, or

25 subsection (a) or (b) of Section 12-4.4a, of the Criminal Code

26 of 1961 or the Criminal Code of 2012 (i) to an impact

HB3591

- 35 -

LRB102 15234 KMF 20589 b

1 incarceration program if the person is otherwise eligible for

2 that program under Section 5-8-1.1, (ii) to community service,

3 or (iii) if the person has a substance use disorder, as defined

4 in the Substance Use Disorder Act, to a treatment program

5 licensed under that Act.

6 (o) Whenever a person is convicted of a sex offense as

7 defined in Section 2 of the Sex Offender Registration Act, the

8 defendant's driver's license or permit shall be subject to

9 renewal on an annual basis in accordance with the provisions

10 of license renewal established by the Secretary of State.

11 (Source: P.A. 100-575, eff. 1-8-18; 100-759, eff. 1-1-19;

12 100-987, eff. 7-1-19; 101-81, eff. 7-12-19.)