Bill Text: IL SB3090 | 2009-2010 | 96th General Assembly | Enrolled

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Bill Title: Amends the Unified Code of Corrections. Changes various headings and cross references to offenses whose Section numbers have changed. Incorporates in the Section concerning non-probationable offenses those offenses that are non-probationable not mentioned in that Section. Effective immediately.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2010-07-22 - Public Act . . . . . . . . . 96-1200 [SB3090 Detail]

Download: Illinois-2009-SB3090-Enrolled.html

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AN ACT concerning criminal law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 2. The Code of Criminal Procedure of 1963 is
amended by changing Section 110-6.2 as follows:
(725 ILCS 5/110-6.2) (from Ch. 38, par. 110-6.2)
Sec. 110-6.2. Post-conviction Detention. (a) The court may
shall order that a person who has been found guilty of an
offense and who is waiting imposition or execution of sentence
be held without bond unless the court finds by clear and
convincing evidence that the person is not likely to flee or
pose a danger to any other person or the community if released
under Sections 110-5 and 110-10 of this Act.
(b) The court may shall order that person who has been
found guilty of an offense and sentenced to a term of
imprisonment shall be held without bond unless the court finds
by clear and convincing evidence that:
(1) the person is not likely to flee or pose a danger to
the safety of any other person or the community if released on
bond pending appeal; and
(2) that the appeal is not for purpose of delay and raises
a substantial question of law or fact likely to result in
reversal or an order for a new trial.

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(Source: P.A. 86-984.)
(725 ILCS 5/122-8 rep.)
Section 3. The Code of Criminal Procedure of 1963 is
amended by repealing Section 122-8.
Section 5. The Unified Code of Corrections is amended by
changing Sections 3-6-3, 5-5-3, 5-5-3.2, 5-6-4, 5-8-1, 5-8-2,
5-8-4, and 5-9-1.3 as follows:
(730 ILCS 5/3-6-3) (from Ch. 38, par. 1003-6-3)
Sec. 3-6-3. Rules and Regulations for Early Release.
(a) (1) The Department of Corrections shall prescribe
rules and regulations for the early release on account of
good conduct of persons committed to the Department which
shall be subject to review by the Prisoner Review Board.
(2) The rules and regulations on early release shall
provide, with respect to offenses listed in clause (i),
(ii), or (iii) of this paragraph (2) committed on or after
June 19, 1998 or with respect to the offense listed in
clause (iv) of this paragraph (2) committed on or after
June 23, 2005 (the effective date of Public Act 94-71) or
with respect to offense listed in clause (vi) committed on
or after June 1, 2008 (the effective date of Public Act
95-625) or with respect to the offense of being an armed
habitual criminal committed on or after August 2, 2005 (the

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effective date of Public Act 94-398) or with respect to the
offenses listed in clause (v) of this paragraph (2)
committed on or after August 13, 2007 (the effective date
of Public Act 95-134), the following:
(i) that a prisoner who is serving a term of
imprisonment for first degree murder or for the offense
of terrorism shall receive no good conduct credit and
shall serve the entire sentence imposed by the court;
(ii) that a prisoner serving a sentence for attempt
to commit first degree murder, solicitation of murder,
solicitation of murder for hire, intentional homicide
of an unborn child, predatory criminal sexual assault
of a child, aggravated criminal sexual assault,
criminal sexual assault, aggravated kidnapping,
aggravated battery with a firearm, heinous battery,
being an armed habitual criminal, aggravated battery
of a senior citizen, or aggravated battery of a child
shall receive no more than 4.5 days of good conduct
credit for each month of his or her sentence of
imprisonment;
(iii) that a prisoner serving a sentence for home
invasion, armed robbery, aggravated vehicular
hijacking, aggravated discharge of a firearm, or armed
violence with a category I weapon or category II
weapon, when the court has made and entered a finding,
pursuant to subsection (c-1) of Section 5-4-1 of this

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

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deliver methamphetamine, aggravated delivery of
methamphetamine, aggravated possession with intent to
deliver methamphetamine, methamphetamine conspiracy
when the substance containing the controlled substance
or methamphetamine is 100 grams or more shall receive
no more than 7.5 days good conduct credit for each
month of his or her sentence of imprisonment; and
(vi) that a prisoner serving a sentence for a
second or subsequent offense of luring a minor shall
receive no more than 4.5 days of good conduct credit
for each month of his or her sentence of imprisonment.
(2.1) For all offenses, other than those enumerated in
subdivision (a)(2)(i), (ii), or (iii) committed on or after
June 19, 1998 or subdivision (a)(2)(iv) committed on or
after June 23, 2005 (the effective date of Public Act
94-71) or subdivision (a)(2)(v) committed on or after
August 13, 2007 (the effective date of Public Act 95-134)
or subdivision (a)(2)(vi) committed on or after June 1,
2008 (the effective date of Public Act 95-625), and other
than the offense of reckless homicide as defined in
subsection (e) of Section 9-3 of the Criminal Code of 1961
committed on or after January 1, 1999, or aggravated
driving under the influence of alcohol, other drug or
drugs, or intoxicating compound or compounds, or any
combination thereof as defined in subparagraph (F) of
paragraph (1) of subsection (d) of Section 11-501 of the

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Illinois Vehicle Code, the rules and regulations shall
provide that a prisoner who is serving a term of
imprisonment shall receive one day of good conduct credit
for each day of his or her sentence of imprisonment or
recommitment under Section 3-3-9. Each day of good conduct
credit shall reduce by one day the prisoner's period of
imprisonment or recommitment under Section 3-3-9.
(2.2) A prisoner serving a term of natural life
imprisonment or a prisoner who has been sentenced to death
shall receive no good conduct credit.
(2.3) The rules and regulations on early release shall
provide that a prisoner who is serving a sentence for
reckless homicide as defined in subsection (e) of Section
9-3 of the Criminal Code of 1961 committed on or after
January 1, 1999, or aggravated driving under the influence
of alcohol, other drug or drugs, or intoxicating compound
or compounds, or any combination thereof as defined in
subparagraph (F) of paragraph (1) of subsection (d) of
Section 11-501 of the Illinois Vehicle Code, shall receive
no more than 4.5 days of good conduct credit for each month
of his or her sentence of imprisonment.
(2.4) The rules and regulations on early release shall
provide with respect to the offenses of aggravated battery
with a machine gun or a firearm equipped with any device or
attachment designed or used for silencing the report of a
firearm or aggravated discharge of a machine gun or a

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firearm equipped with any device or attachment designed or
used for silencing the report of a firearm, committed on or
after July 15, 1999 (the effective date of Public Act
91-121), that a prisoner serving a sentence for any of
these offenses shall receive no more than 4.5 days of good
conduct credit for each month of his or her sentence of
imprisonment.
(2.5) The rules and regulations on early release shall
provide that a prisoner who is serving a sentence for
aggravated arson committed on or after July 27, 2001 (the
effective date of Public Act 92-176) shall receive no more
than 4.5 days of good conduct credit for each month of his
or her sentence of imprisonment.
(3) The rules and regulations shall also provide that
the Director may award up to 180 days additional good
conduct credit for meritorious service in specific
instances as the Director deems proper; except that no more
than 90 days of good conduct credit for meritorious service
shall be awarded to any prisoner who is serving a sentence
for conviction of first degree murder, reckless homicide
while under the influence of alcohol or any other drug, or
aggravated driving under the influence of alcohol, other
drug or drugs, or intoxicating compound or compounds, or
any combination thereof as defined in subparagraph (F) of
paragraph (1) of subsection (d) of Section 11-501 of the
Illinois Vehicle Code, aggravated kidnapping, kidnapping,

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predatory criminal sexual assault of a child, aggravated
criminal sexual assault, criminal sexual assault, deviate
sexual assault, aggravated criminal sexual abuse,
aggravated indecent liberties with a child, indecent
liberties with a child, child pornography, heinous
battery, aggravated battery of a spouse, aggravated
battery of a spouse with a firearm, stalking, aggravated
stalking, aggravated battery of a child, endangering the
life or health of a child, or cruelty to a child.
Notwithstanding the foregoing, good conduct credit for
meritorious service shall not be awarded on a sentence of
imprisonment imposed for conviction of: (i) one of the
offenses enumerated in subdivision (a)(2)(i), (ii), or
(iii) when the offense is committed on or after June 19,
1998 or subdivision (a)(2)(iv) when the offense is
committed on or after June 23, 2005 (the effective date of
Public Act 94-71) or subdivision (a)(2)(v) when the offense
is committed on or after August 13, 2007 (the effective
date of Public Act 95-134) or subdivision (a)(2)(vi) when
the offense is committed on or after June 1, 2008 (the
effective date of Public Act 95-625), (ii) reckless
homicide as defined in subsection (e) of Section 9-3 of the
Criminal Code of 1961 when the offense is committed on or
after January 1, 1999, or aggravated driving under the
influence of alcohol, other drug or drugs, or intoxicating
compound or compounds, or any combination thereof as

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defined in subparagraph (F) of paragraph (1) of subsection
(d) of Section 11-501 of the Illinois Vehicle Code, (iii)
one of the offenses enumerated in subdivision (a)(2.4) when
the offense is committed on or after July 15, 1999 (the
effective date of Public Act 91-121), or (iv) aggravated
arson when the offense is committed on or after July 27,
2001 (the effective date of Public Act 92-176).
The Director shall not award good conduct credit for
meritorious service under this paragraph (3) to an inmate
unless the inmate has served a minimum of 60 days of the
sentence; except nothing in this paragraph shall be
construed to permit the Director to extend an inmate's
sentence beyond that which was imposed by the court. Prior
to awarding credit under this paragraph (3), the Director
shall make a written determination that the inmate:
(A) is eligible for good conduct credit for
meritorious service;
(B) has served a minimum of 60 days, or as close to
60 days as the sentence will allow; and
(C) has met the eligibility criteria established
by rule.
The Director shall determine the form and content of
the written determination required in this subsection.
(4) The rules and regulations shall also provide that
the good conduct credit accumulated and retained under
paragraph (2.1) of subsection (a) of this Section by any

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inmate during specific periods of time in which such inmate
is engaged full-time in substance abuse programs,
correctional industry assignments, or educational programs
provided by the Department under this paragraph (4) and
satisfactorily completes the assigned program as
determined by the standards of the Department, shall be
multiplied by a factor of 1.25 for program participation
before August 11, 1993 and 1.50 for program participation
on or after that date. However, no inmate shall be eligible
for the additional good conduct credit under this paragraph
(4) or (4.1) of this subsection (a) while assigned to a
boot camp or electronic detention, or if convicted of an
offense enumerated in subdivision (a)(2)(i), (ii), or
(iii) of this Section that is committed on or after June
19, 1998 or subdivision (a)(2)(iv) of this Section that is
committed on or after June 23, 2005 (the effective date of
Public Act 94-71) or subdivision (a)(2)(v) of this Section
that is committed on or after August 13, 2007 (the
effective date of Public Act 95-134) or subdivision
(a)(2)(vi) when the offense is committed on or after June
1, 2008 (the effective date of Public Act 95-625), or if
convicted of reckless homicide as defined in subsection (e)
of Section 9-3 of the Criminal Code of 1961 if the offense
is committed on or after January 1, 1999, or aggravated
driving under the influence of alcohol, other drug or
drugs, or intoxicating compound or compounds, or any

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

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recidivism rate among program participants.
Availability of these programs shall be subject to the
limits of fiscal resources appropriated by the General
Assembly for these purposes. Eligible inmates who are
denied immediate admission shall be placed on a waiting
list under criteria established by the Department. The
inability of any inmate to become engaged in any such
programs by reason of insufficient program resources or for
any other reason established under the rules and
regulations of the Department shall not be deemed a cause
of action under which the Department or any employee or
agent of the Department shall be liable for damages to the
inmate.
(4.1) The rules and regulations shall also provide that
an additional 60 days of good conduct credit shall be
awarded to any prisoner who passes the high school level
Test of General Educational Development (GED) while the
prisoner is incarcerated. The good conduct credit awarded
under this paragraph (4.1) shall be in addition to, and
shall not affect, the award of good conduct under any other
paragraph of this Section, but shall also be pursuant to
the guidelines and restrictions set forth in paragraph (4)
of subsection (a) of this Section. The good conduct credit
provided for in this paragraph shall be available only to
those prisoners who have not previously earned a high
school diploma or a GED. If, after an award of the GED good

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conduct credit has been made and the Department determines
that the prisoner was not eligible, then the award shall be
revoked.
(4.5) The rules and regulations on early release shall
also provide that when the court's sentencing order
recommends a prisoner for substance abuse treatment and the
crime was committed on or after September 1, 2003 (the
effective date of Public Act 93-354), the prisoner shall
receive no good conduct credit awarded under clause (3) of
this subsection (a) unless he or she participates in and
completes a substance abuse treatment program. The
Director may waive the requirement to participate in or
complete a substance abuse treatment program and award the
good conduct credit in specific instances if the prisoner
is not a good candidate for a substance abuse treatment
program for medical, programming, or operational reasons.
Availability of substance abuse treatment shall be subject
to the limits of fiscal resources appropriated by the
General Assembly for these purposes. If treatment is not
available and the requirement to participate and complete
the treatment has not been waived by the Director, the
prisoner shall be placed on a waiting list under criteria
established by the Department. The Director may allow a
prisoner placed on a waiting list to participate in and
complete a substance abuse education class or attend
substance abuse self-help meetings in lieu of a substance

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

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(b) Whenever a person is or has been committed under
several convictions, with separate sentences, the sentences
shall be construed under Section 5-8-4 in granting and
forfeiting of good time.
(c) The Department shall prescribe rules and regulations
for revoking good conduct credit, or suspending or reducing the
rate of accumulation of good conduct credit for specific rule
violations, during imprisonment. These rules and regulations
shall provide that no inmate may be penalized more than one
year of good conduct credit for any one infraction.
When the Department seeks to revoke, suspend or reduce the
rate of accumulation of any good conduct credits for an alleged
infraction of its rules, it shall bring charges therefor
against the prisoner sought to be so deprived of good conduct
credits before the Prisoner Review Board as provided in
subparagraph (a)(4) of Section 3-3-2 of this Code, if the
amount of credit at issue exceeds 30 days or when during any 12
month period, the cumulative amount of credit revoked exceeds
30 days except where the infraction is committed or discovered
within 60 days of scheduled release. In those cases, the
Department of Corrections may revoke up to 30 days of good
conduct credit. The Board may subsequently approve the
revocation of additional good conduct credit, if the Department
seeks to revoke good conduct credit in excess of 30 days.
However, the Board shall not be empowered to review the
Department's decision with respect to the loss of 30 days of

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good conduct credit within any calendar year for any prisoner
or to increase any penalty beyond the length requested by the
Department.
The Director of the Department of Corrections, in
appropriate cases, may restore up to 30 days good conduct
credits which have been revoked, suspended or reduced. Any
restoration of good conduct credits in excess of 30 days shall
be subject to review by the Prisoner Review Board. However, the
Board may not restore good conduct credit in excess of the
amount requested by the Director.
Nothing contained in this Section shall prohibit the
Prisoner Review Board from ordering, pursuant to Section
3-3-9(a)(3)(i)(B), that a prisoner serve up to one year of the
sentence imposed by the court that was not served due to the
accumulation of good conduct credit.
(d) If a lawsuit is filed by a prisoner in an Illinois or
federal court against the State, the Department of Corrections,
or the Prisoner Review Board, or against any of their officers
or employees, and the court makes a specific finding that a
pleading, motion, or other paper filed by the prisoner is
frivolous, the Department of Corrections shall conduct a
hearing to revoke up to 180 days of good conduct credit by
bringing charges against the prisoner sought to be deprived of
the good conduct credits before the Prisoner Review Board as
provided in subparagraph (a)(8) of Section 3-3-2 of this Code.
If the prisoner has not accumulated 180 days of good conduct

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credit at the time of the finding, then the Prisoner Review
Board may revoke all good conduct credit accumulated by the
prisoner.
For purposes of this subsection (d):
(1) "Frivolous" means that a pleading, motion, or other
filing which purports to be a legal document filed by a
prisoner in his or her lawsuit meets any or all of the
following criteria:
(A) it lacks an arguable basis either in law or in
fact;
(B) it is being presented for any improper purpose,
such as to harass or to cause unnecessary delay or
needless increase in the cost of litigation;
(C) the claims, defenses, and other legal
contentions therein are not warranted by existing law
or by a nonfrivolous argument for the extension,
modification, or reversal of existing law or the
establishment of new law;
(D) the allegations and other factual contentions
do not have evidentiary support or, if specifically so
identified, are not likely to have evidentiary support
after a reasonable opportunity for further
investigation or discovery; or
(E) the denials of factual contentions are not
warranted on the evidence, or if specifically so
identified, are not reasonably based on a lack of

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information or belief.
(2) "Lawsuit" means a motion pursuant to Section 116-3
of the Code of Criminal Procedure of 1963, a habeas corpus
action under Article X of the Code of Civil Procedure or
under federal law (28 U.S.C. 2254), a petition for claim
under the Court of Claims Act, an action under the federal
Civil Rights Act (42 U.S.C. 1983), or a second or
subsequent petition for post-conviction relief under
Article 122 of the Code of Criminal Procedure of 1963
whether filed with or without leave of court or a second or
subsequent petition for relief from judgment under Section
2-1401 of the Code of Civil Procedure.
(e) Nothing in Public Act 90-592 or 90-593 affects the
validity of Public Act 89-404.
(f) Whenever the Department is to release any inmate who
has been convicted of a violation of an order of protection
under Section 12-30 of the Criminal Code of 1961, earlier than
it otherwise would because of a grant of good conduct credit,
the Department, as a condition of such early release, shall
require that the person, upon release, be placed under
electronic surveillance as provided in Section 5-8A-7 of this
Code.
(Source: P.A. 95-134, eff. 8-13-07; 95-585, eff. 6-1-08;
95-625, eff. 6-1-08; 95-640, eff. 6-1-08; 95-773, eff. 1-1-09;
95-876, eff. 8-21-08; 96-860, eff. 1-15-10.)

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(730 ILCS 5/5-5-3) (from Ch. 38, par. 1005-5-3)
Sec. 5-5-3. Disposition.
(a) (Blank).
(b) (Blank).
(c) (1) (Blank).
(2) A period of probation, a term of periodic
imprisonment or conditional discharge shall not be imposed
for the following offenses. The court shall sentence the
offender to not less than the minimum term of imprisonment
set forth in this Code for the following offenses, and may
order a fine or restitution or both in conjunction with
such term of imprisonment:
(A) First degree murder where the death penalty is
not imposed.
(B) Attempted first degree murder.
(C) A Class X felony.
(D) A violation of Section 401.1 or 407 of the
Illinois Controlled Substances Act, or a violation of
subdivision (c)(1), (c)(1.5), or (c)(2) of Section 401
of that Act which relates to more than 5 grams of a
substance containing heroin, cocaine, fentanyl, or an
analog thereof.
(E) A violation of Section 5.1 or 9 of the Cannabis
Control Act.
(F) A Class 2 or greater felony if the offender had
been convicted of a Class 2 or greater felony,

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including any state or federal conviction for an
offense that contained, at the time it was committed,
the same elements as an offense now (the date of the
offense committed after the prior Class 2 or greater
felony) classified as a Class 2 or greater felony,
within 10 years of the date on which the offender
committed the offense for which he or she is being
sentenced, except as otherwise provided in Section
40-10 of the Alcoholism and Other Drug Abuse and
Dependency Act.
(F-5) A violation of Section 24-1, 24-1.1, or
24-1.6 of the Criminal Code of 1961 for which
imprisonment is prescribed in those Sections.
(G) Residential burglary, except as otherwise
provided in Section 40-10 of the Alcoholism and Other
Drug Abuse and Dependency Act.
(H) Criminal sexual assault.
(I) Aggravated battery of a senior citizen.
(J) A forcible felony if the offense was related to
the activities of an organized gang.
Before July 1, 1994, for the purposes of this
paragraph, "organized gang" means an association of 5
or more persons, with an established hierarchy, that
encourages members of the association to perpetrate
crimes or provides support to the members of the
association who do commit crimes.

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Beginning July 1, 1994, for the purposes of this
paragraph, "organized gang" has the meaning ascribed
to it in Section 10 of the Illinois Streetgang
Terrorism Omnibus Prevention Act.
(K) Vehicular hijacking.
(L) A second or subsequent conviction for the
offense of hate crime when the underlying offense upon
which the hate crime is based is felony aggravated
assault or felony mob action.
(M) A second or subsequent conviction for the
offense of institutional vandalism if the damage to the
property exceeds $300.
(N) A Class 3 felony violation of paragraph (1) of
subsection (a) of Section 2 of the Firearm Owners
Identification Card Act.
(O) A violation of Section 12-6.1 of the Criminal
Code of 1961.
(P) A violation of paragraph (1), (2), (3), (4),
(5), or (7) of subsection (a) of Section 11-20.1 of the
Criminal Code of 1961.
(Q) A violation of Section 20-1.2 or 20-1.3 of the
Criminal Code of 1961.
(R) A violation of Section 24-3A of the Criminal
Code of 1961.
(S) (Blank).
(T) A second or subsequent violation of the

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Methamphetamine Control and Community Protection Act.
(U) A second or subsequent violation of Section
6-303 of the Illinois Vehicle Code committed while his
or her driver's license, permit, or privilege was
revoked because of a violation of Section 9-3 of the
Criminal Code of 1961, relating to the offense of
reckless homicide, or a similar provision of a law of
another state.
(V) A violation of paragraph (4) of subsection (c)
of Section 11-20.3 of the Criminal Code of 1961.
(W) A violation of Section 24-3.5 of the Criminal
Code of 1961.
(X) A violation of subsection (a) of Section 31-1a
of the Criminal Code of 1961.
(Y) A conviction for unlawful possession of a
firearm by a street gang member when the firearm was
loaded or contained firearm ammunition.
(Z) A Class 1 felony committed while he or she was
serving a term of probation or conditional discharge
for a felony.
(AA) Theft of property exceeding $500,000 and not
exceeding $1,000,000 in value.
(BB) Laundering of criminally derived property of
a value exceeding $500,000.
(CC) Knowingly selling, offering for sale, holding
for sale, or using 2,000 or more counterfeit items or

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counterfeit items having a retail value in the
aggregate of $500,000 or more.
(3) (Blank).
(4) A minimum term of imprisonment of not less than 10
consecutive days or 30 days of community service shall be
imposed for a violation of paragraph (c) of Section 6-303
of the Illinois Vehicle Code.
(4.1) (Blank).
(4.2) Except as provided in paragraphs (4.3) and (4.8)
of this subsection (c), a minimum of 100 hours of community
service shall be imposed for a second violation of Section
6-303 of the Illinois Vehicle Code.
(4.3) A minimum term of imprisonment of 30 days or 300
hours of community service, as determined by the court,
shall be imposed for a second violation of subsection (c)
of Section 6-303 of the Illinois Vehicle Code.
(4.4) Except as provided in paragraphs (4.5), (4.6),
and (4.9) of this subsection (c), a minimum term of
imprisonment of 30 days or 300 hours of community service,
as determined by the court, shall be imposed for a third or
subsequent violation of Section 6-303 of the Illinois
Vehicle Code.
(4.5) A minimum term of imprisonment of 30 days shall
be imposed for a third violation of subsection (c) of
Section 6-303 of the Illinois Vehicle Code.
(4.6) Except as provided in paragraph (4.10) of this

SB3090 Enrolled - 24 - LRB096 19623 RLC 35019 b
subsection (c), a minimum term of imprisonment of 180 days
shall be imposed for a fourth or subsequent violation of
subsection (c) of Section 6-303 of the Illinois Vehicle
Code.
(4.7) A minimum term of imprisonment of not less than
30 consecutive days, or 300 hours of community service,
shall be imposed for a violation of subsection (a-5) of
Section 6-303 of the Illinois Vehicle Code, as provided in
subsection (b-5) of that Section.
(4.8) A mandatory prison sentence shall be imposed for
a second violation of subsection (a-5) of Section 6-303 of
the Illinois Vehicle Code, as provided in subsection (c-5)
of that Section. The person's driving privileges shall be
revoked for a period of not less than 5 years from the date
of his or her release from prison.
(4.9) A mandatory prison sentence of not less than 4
and not more than 15 years shall be imposed for a third
violation of subsection (a-5) of Section 6-303 of the
Illinois Vehicle Code, as provided in subsection (d-2.5) of
that Section. The person's driving privileges shall be
revoked for the remainder of his or her life.
(4.10) A mandatory prison sentence for a Class 1 felony
shall be imposed, and the person shall be eligible for an
extended term sentence, for a fourth or subsequent
violation of subsection (a-5) of Section 6-303 of the
Illinois Vehicle Code, as provided in subsection (d-3.5) of

SB3090 Enrolled - 25 - LRB096 19623 RLC 35019 b
that Section. The person's driving privileges shall be
revoked for the remainder of his or her life.
(5) The court may sentence a corporation or
unincorporated association convicted of any offense to:
(A) a period of conditional discharge;
(B) a fine;
(C) make restitution to the victim under Section
5-5-6 of this Code.
(5.1) In addition to any other penalties imposed, and
except as provided in paragraph (5.2) or (5.3), a person
convicted of violating subsection (c) of Section 11-907 of
the Illinois Vehicle Code shall have his or her driver's
license, permit, or privileges suspended for at least 90
days but not more than one year, if the violation resulted
in damage to the property of another person.
(5.2) In addition to any other penalties imposed, and
except as provided in paragraph (5.3), a person convicted
of violating subsection (c) of Section 11-907 of the
Illinois Vehicle Code shall have his or her driver's
license, permit, or privileges suspended for at least 180
days but not more than 2 years, if the violation resulted
in injury to another person.
(5.3) In addition to any other penalties imposed, a
person convicted of violating subsection (c) of Section
11-907 of the Illinois Vehicle Code shall have his or her
driver's license, permit, or privileges suspended for 2

SB3090 Enrolled - 26 - LRB096 19623 RLC 35019 b
years, if the violation resulted in the death of another
person.
(5.4) In addition to any other penalties imposed, a
person convicted of violating Section 3-707 of the Illinois
Vehicle Code shall have his or her driver's license,
permit, or privileges suspended for 3 months and until he
or she has paid a reinstatement fee of $100.
(5.5) In addition to any other penalties imposed, a
person convicted of violating Section 3-707 of the Illinois
Vehicle Code during a period in which his or her driver's
license, permit, or privileges were suspended for a
previous violation of that Section shall have his or her
driver's license, permit, or privileges suspended for an
additional 6 months after the expiration of the original
3-month suspension and until he or she has paid a
reinstatement fee of $100.
(6) (Blank).
(7) (Blank).
(8) (Blank).
(9) A defendant convicted of a second or subsequent
offense of ritualized abuse of a child may be sentenced to
a term of natural life imprisonment.
(10) (Blank).
(11) The court shall impose a minimum fine of $1,000
for a first offense and $2,000 for a second or subsequent
offense upon a person convicted of or placed on supervision

SB3090 Enrolled - 27 - LRB096 19623 RLC 35019 b
for battery when the individual harmed was a sports
official or coach at any level of competition and the act
causing harm to the sports official or coach occurred
within an athletic facility or within the immediate
vicinity of the athletic facility at which the sports
official or coach was an active participant of the athletic
contest held at the athletic facility. For the purposes of
this paragraph (11), "sports official" means a person at an
athletic contest who enforces the rules of the contest,
such as an umpire or referee; "athletic facility" means an
indoor or outdoor playing field or recreational area where
sports activities are conducted; and "coach" means a person
recognized as a coach by the sanctioning authority that
conducted the sporting event.
(12) A person may not receive a disposition of court
supervision for a violation of Section 5-16 of the Boat
Registration and Safety Act if that person has previously
received a disposition of court supervision for a violation
of that Section.
(13) A person convicted of or placed on court
supervision for an assault or aggravated assault when the
victim and the offender are family or household members as
defined in Section 103 of the Illinois Domestic Violence
Act of 1986 or convicted of domestic battery or aggravated
domestic battery may be required to attend a Partner Abuse
Intervention Program under protocols set forth by the

SB3090 Enrolled - 28 - LRB096 19623 RLC 35019 b
Illinois Department of Human Services under such terms and
conditions imposed by the court. The costs of such classes
shall be paid by the offender.
(d) In any case in which a sentence originally imposed is
vacated, the case shall be remanded to the trial court. The
trial court shall hold a hearing under Section 5-4-1 of the
Unified Code of Corrections which may include evidence of the
defendant's life, moral character and occupation during the
time since the original sentence was passed. The trial court
shall then impose sentence upon the defendant. The trial court
may impose any sentence which could have been imposed at the
original trial subject to Section 5-5-4 of the Unified Code of
Corrections. If a sentence is vacated on appeal or on
collateral attack due to the failure of the trier of fact at
trial to determine beyond a reasonable doubt the existence of a
fact (other than a prior conviction) necessary to increase the
punishment for the offense beyond the statutory maximum
otherwise applicable, either the defendant may be re-sentenced
to a term within the range otherwise provided or, if the State
files notice of its intention to again seek the extended
sentence, the defendant shall be afforded a new trial.
(e) In cases where prosecution for aggravated criminal
sexual abuse under Section 12-16 of the Criminal Code of 1961
results in conviction of a defendant who was a family member of
the victim at the time of the commission of the offense, the
court shall consider the safety and welfare of the victim and

SB3090 Enrolled - 29 - LRB096 19623 RLC 35019 b
may impose a sentence of probation only where:
(1) the court finds (A) or (B) or both are appropriate:
(A) the defendant is willing to undergo a court
approved counseling program for a minimum duration of 2
years; or
(B) the defendant is willing to participate in a
court approved plan including but not limited to the
defendant's:
(i) removal from the household;
(ii) restricted contact with the victim;
(iii) continued financial support of the
family;
(iv) restitution for harm done to the victim;
and
(v) compliance with any other measures that
the court may deem appropriate; and
(2) the court orders the defendant to pay for the
victim's counseling services, to the extent that the court
finds, after considering the defendant's income and
assets, that the defendant is financially capable of paying
for such services, if the victim was under 18 years of age
at the time the offense was committed and requires
counseling as a result of the offense.
Probation may be revoked or modified pursuant to Section
5-6-4; except where the court determines at the hearing that
the defendant violated a condition of his or her probation

SB3090 Enrolled - 30 - LRB096 19623 RLC 35019 b
restricting contact with the victim or other family members or
commits another offense with the victim or other family
members, the court shall revoke the defendant's probation and
impose a term of imprisonment.
For the purposes of this Section, "family member" and
"victim" shall have the meanings ascribed to them in Section
12-12 of the Criminal Code of 1961.
(f) (Blank).
(g) Whenever a defendant is convicted of an offense under
Sections 11-14, 11-15, 11-15.1, 11-16, 11-17, 11-18, 11-18.1,
11-19, 11-19.1, 11-19.2, 12-13, 12-14, 12-14.1, 12-15 or 12-16
of the Criminal Code of 1961, the defendant shall undergo
medical testing to determine whether the defendant has any
sexually transmissible disease, including a test for infection
with human immunodeficiency virus (HIV) or any other identified
causative agent of acquired immunodeficiency syndrome (AIDS).
Any such medical test shall be performed only by appropriately
licensed medical practitioners and may include an analysis of
any bodily fluids as well as an examination of the defendant's
person. Except as otherwise provided by law, the results of
such test shall be kept strictly confidential by all medical
personnel involved in the testing and must be personally
delivered in a sealed envelope to the judge of the court in
which the conviction was entered for the judge's inspection in
camera. Acting in accordance with the best interests of the
victim and the public, the judge shall have the discretion to

SB3090 Enrolled - 31 - LRB096 19623 RLC 35019 b
determine to whom, if anyone, the results of the testing may be
revealed. The court shall notify the defendant of the test
results. The court shall also notify the victim if requested by
the victim, and if the victim is under the age of 15 and if
requested by the victim's parents or legal guardian, the court
shall notify the victim's parents or legal guardian of the test
results. The court shall provide information on the
availability of HIV testing and counseling at Department of
Public Health facilities to all parties to whom the results of
the testing are revealed and shall direct the State's Attorney
to provide the information to the victim when possible. A
State's Attorney may petition the court to obtain the results
of any HIV test administered under this Section, and the court
shall grant the disclosure if the State's Attorney shows it is
relevant in order to prosecute a charge of criminal
transmission of HIV under Section 12-16.2 of the Criminal Code
of 1961 against the defendant. The court shall order that the
cost of any such test shall be paid by the county and may be
taxed as costs against the convicted defendant.
(g-5) When an inmate is tested for an airborne communicable
disease, as determined by the Illinois Department of Public
Health including but not limited to tuberculosis, the results
of the test shall be personally delivered by the warden or his
or her designee in a sealed envelope to the judge of the court
in which the inmate must appear for the judge's inspection in
camera if requested by the judge. Acting in accordance with the

SB3090 Enrolled - 32 - LRB096 19623 RLC 35019 b
best interests of those in the courtroom, the judge shall have
the discretion to determine what if any precautions need to be
taken to prevent transmission of the disease in the courtroom.
(h) Whenever a defendant is convicted of an offense under
Section 1 or 2 of the Hypodermic Syringes and Needles Act, the
defendant shall undergo medical testing to determine whether
the defendant has been exposed to human immunodeficiency virus
(HIV) or any other identified causative agent of acquired
immunodeficiency syndrome (AIDS). Except as otherwise provided
by law, the results of such test shall be kept strictly
confidential by all medical personnel involved in the testing
and must be personally delivered in a sealed envelope to the
judge of the court in which the conviction was entered for the
judge's inspection in camera. Acting in accordance with the
best interests of the public, the judge shall have the
discretion to determine to whom, if anyone, the results of the
testing may be revealed. The court shall notify the defendant
of a positive test showing an infection with the human
immunodeficiency virus (HIV). The court shall provide
information on the availability of HIV testing and counseling
at Department of Public Health facilities to all parties to
whom the results of the testing are revealed and shall direct
the State's Attorney to provide the information to the victim
when possible. A State's Attorney may petition the court to
obtain the results of any HIV test administered under this
Section, and the court shall grant the disclosure if the

SB3090 Enrolled - 33 - LRB096 19623 RLC 35019 b
State's Attorney shows it is relevant in order to prosecute a
charge of criminal transmission of HIV under Section 12-16.2 of
the Criminal Code of 1961 against the defendant. The court
shall order that the cost of any such test shall be paid by the
county and may be taxed as costs against the convicted
defendant.
(i) All fines and penalties imposed under this Section for
any violation of Chapters 3, 4, 6, and 11 of the Illinois
Vehicle Code, or a similar provision of a local ordinance, and
any violation of the Child Passenger Protection Act, or a
similar provision of a local ordinance, shall be collected and
disbursed by the circuit clerk as provided under Section 27.5
of the Clerks of Courts Act.
(j) In cases when prosecution for any violation of Section
11-6, 11-8, 11-9, 11-11, 11-14, 11-15, 11-15.1, 11-16, 11-17,
11-17.1, 11-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 11-20.1,
11-21, 12-13, 12-14, 12-14.1, 12-15, or 12-16 of the Criminal
Code of 1961, any violation of the Illinois Controlled
Substances Act, any violation of the Cannabis Control Act, or
any violation of the Methamphetamine Control and Community
Protection Act results in conviction, a disposition of court
supervision, or an order of probation granted under Section 10
of the Cannabis Control Act, Section 410 of the Illinois
Controlled Substance Act, or Section 70 of the Methamphetamine
Control and Community Protection Act of a defendant, the court
shall determine whether the defendant is employed by a facility

SB3090 Enrolled - 34 - LRB096 19623 RLC 35019 b
or center as defined under the Child Care Act of 1969, a public
or private elementary or secondary school, or otherwise works
with children under 18 years of age on a daily basis. When a
defendant is so employed, the court shall order the Clerk of
the Court to send a copy of the judgment of conviction or order
of supervision or probation to the defendant's employer by
certified mail. If the employer of the defendant is a school,
the Clerk of the Court shall direct the mailing of a copy of
the judgment of conviction or order of supervision or probation
to the appropriate regional superintendent of schools. The
regional superintendent of schools shall notify the State Board
of Education of any notification under this subsection.
(j-5) A defendant at least 17 years of age who is convicted
of a felony and who has not been previously convicted of a
misdemeanor or felony and who is sentenced to a term of
imprisonment in the Illinois Department of Corrections shall as
a condition of his or her sentence be required by the court to
attend educational courses designed to prepare the defendant
for a high school diploma and to work toward a high school
diploma or to work toward passing the high school level Test of
General Educational Development (GED) or to work toward
completing a vocational training program offered by the
Department of Corrections. If a defendant fails to complete the
educational training required by his or her sentence during the
term of incarceration, the Prisoner Review Board shall, as a
condition of mandatory supervised release, require the

SB3090 Enrolled - 35 - LRB096 19623 RLC 35019 b
defendant, at his or her own expense, to pursue a course of
study toward a high school diploma or passage of the GED test.
The Prisoner Review Board shall revoke the mandatory supervised
release of a defendant who wilfully fails to comply with this
subsection (j-5) upon his or her release from confinement in a
penal institution while serving a mandatory supervised release
term; however, the inability of the defendant after making a
good faith effort to obtain financial aid or pay for the
educational training shall not be deemed a wilful failure to
comply. The Prisoner Review Board shall recommit the defendant
whose mandatory supervised release term has been revoked under
this subsection (j-5) as provided in Section 3-3-9. This
subsection (j-5) does not apply to a defendant who has a high
school diploma or has successfully passed the GED test. This
subsection (j-5) does not apply to a defendant who is
determined by the court to be developmentally disabled or
otherwise mentally incapable of completing the educational or
vocational program.
(k) (Blank).
(l) (A) Except as provided in paragraph (C) of subsection
(l), whenever a defendant, who is an alien as defined by
the Immigration and Nationality Act, is convicted of any
felony or misdemeanor offense, the court after sentencing
the defendant may, upon motion of the State's Attorney,
hold sentence in abeyance and remand the defendant to the
custody of the Attorney General of the United States or his

SB3090 Enrolled - 36 - LRB096 19623 RLC 35019 b
or her designated agent to be deported when:
(1) a final order of deportation has been issued
against the defendant pursuant to proceedings under
the Immigration and Nationality Act, and
(2) the deportation of the defendant would not
deprecate the seriousness of the defendant's conduct
and would not be inconsistent with the ends of justice.
Otherwise, the defendant shall be sentenced as
provided in this Chapter V.
(B) If the defendant has already been sentenced for a
felony or misdemeanor offense, or has been placed on
probation under Section 10 of the Cannabis Control Act,
Section 410 of the Illinois Controlled Substances Act, or
Section 70 of the Methamphetamine Control and Community
Protection Act, the court may, upon motion of the State's
Attorney to suspend the sentence imposed, commit the
defendant to the custody of the Attorney General of the
United States or his or her designated agent when:
(1) a final order of deportation has been issued
against the defendant pursuant to proceedings under
the Immigration and Nationality Act, and
(2) the deportation of the defendant would not
deprecate the seriousness of the defendant's conduct
and would not be inconsistent with the ends of justice.
(C) This subsection (l) does not apply to offenders who
are subject to the provisions of paragraph (2) of

SB3090 Enrolled - 37 - LRB096 19623 RLC 35019 b
subsection (a) of Section 3-6-3.
(D) Upon motion of the State's Attorney, if a defendant
sentenced under this Section returns to the jurisdiction of
the United States, the defendant shall be recommitted to
the custody of the county from which he or she was
sentenced. Thereafter, the defendant shall be brought
before the sentencing court, which may impose any sentence
that was available under Section 5-5-3 at the time of
initial sentencing. In addition, the defendant shall not be
eligible for additional good conduct credit for
meritorious service as provided under Section 3-6-6.
(m) A person convicted of criminal defacement of property
under Section 21-1.3 of the Criminal Code of 1961, in which the
property damage exceeds $300 and the property damaged is a
school building, shall be ordered to perform community service
that may include cleanup, removal, or painting over the
defacement.
(n) The court may sentence a person convicted of a
violation of Section 12-19, 12-21, or 16-1.3 of the Criminal
Code of 1961 (i) to an impact incarceration program if the
person is otherwise eligible for that program under Section
5-8-1.1, (ii) to community service, or (iii) if the person is
an addict or alcoholic, as defined in the Alcoholism and Other
Drug Abuse and Dependency Act, to a substance or alcohol abuse
program licensed under that Act.
(o) Whenever a person is convicted of a sex offense as

SB3090 Enrolled - 38 - LRB096 19623 RLC 35019 b
defined in Section 2 of the Sex Offender Registration Act, the
defendant's driver's license or permit shall be subject to
renewal on an annual basis in accordance with the provisions of
license renewal established by the Secretary of State.
(Source: P.A. 95-188, eff. 8-16-07; 95-259, eff. 8-17-07;
95-331, eff. 8-21-07; 95-377, eff. 1-1-08; 95-579, eff. 6-1-08;
95-876, eff. 8-21-08; 95-882, eff. 1-1-09; 95-1052, eff.
7-1-09; 96-348, eff. 8-12-09; 96-400, eff. 8-13-09; 96-829,
eff. 12-3-09.)
(730 ILCS 5/5-5-3.2) (from Ch. 38, par. 1005-5-3.2)
(Text of Section before amendment by P.A. 96-339)
Sec. 5-5-3.2. Factors in Aggravation and Extended-Term
Sentencing.
(a) The following factors shall be accorded weight in favor
of imposing a term of imprisonment or may be considered by the
court as reasons to impose a more severe sentence under Section
5-8-1 or Article 4.5 of Chapter V:
(1) the defendant's conduct caused or threatened
serious harm;
(2) the defendant received compensation for committing
the offense;
(3) the defendant has a history of prior delinquency or
criminal activity;
(4) the defendant, by the duties of his office or by
his position, was obliged to prevent the particular offense

SB3090 Enrolled - 39 - LRB096 19623 RLC 35019 b
committed or to bring the offenders committing it to
justice;
(5) the defendant held public office at the time of the
offense, and the offense related to the conduct of that
office;
(6) the defendant utilized his professional reputation
or position in the community to commit the offense, or to
afford him an easier means of committing it;
(7) the sentence is necessary to deter others from
committing the same crime;
(8) the defendant committed the offense against a
person 60 years of age or older or such person's property;
(9) the defendant committed the offense against a
person who is physically handicapped or such person's
property;
(10) by reason of another individual's actual or
perceived race, color, creed, religion, ancestry, gender,
sexual orientation, physical or mental disability, or
national origin, the defendant committed the offense
against (i) the person or property of that individual; (ii)
the person or property of a person who has an association
with, is married to, or has a friendship with the other
individual; or (iii) the person or property of a relative
(by blood or marriage) of a person described in clause (i)
or (ii). For the purposes of this Section, "sexual
orientation" means heterosexuality, homosexuality, or

SB3090 Enrolled - 40 - LRB096 19623 RLC 35019 b
bisexuality;
(11) the offense took place in a place of worship or on
the grounds of a place of worship, immediately prior to,
during or immediately following worship services. For
purposes of this subparagraph, "place of worship" shall
mean any church, synagogue or other building, structure or
place used primarily for religious worship;
(12) the defendant was convicted of a felony committed
while he was released on bail or his own recognizance
pending trial for a prior felony and was convicted of such
prior felony, or the defendant was convicted of a felony
committed while he was serving a period of probation,
conditional discharge, or mandatory supervised release
under subsection (d) of Section 5-8-1 for a prior felony;
(13) the defendant committed or attempted to commit a
felony while he was wearing a bulletproof vest. For the
purposes of this paragraph (13), a bulletproof vest is any
device which is designed for the purpose of protecting the
wearer from bullets, shot or other lethal projectiles;
(14) the defendant held a position of trust or
supervision such as, but not limited to, family member as
defined in Section 12-12 of the Criminal Code of 1961,
teacher, scout leader, baby sitter, or day care worker, in
relation to a victim under 18 years of age, and the
defendant committed an offense in violation of Section
11-6, 11-11, 11-15.1, 11-19.1, 11-19.2, 11-20.1, 12-13,

SB3090 Enrolled - 41 - LRB096 19623 RLC 35019 b
12-14, 12-14.1, 12-15 or 12-16 of the Criminal Code of 1961
against that victim;
(15) the defendant committed an offense related to the
activities of an organized gang. For the purposes of this
factor, "organized gang" has the meaning ascribed to it in
Section 10 of the Streetgang Terrorism Omnibus Prevention
Act;
(16) the defendant committed an offense in violation of
one of the following Sections while in a school, regardless
of the time of day or time of year; on any conveyance
owned, leased, or contracted by a school to transport
students to or from school or a school related activity; on
the real property of a school; or on a public way within
1,000 feet of the real property comprising any school:
Section 10-1, 10-2, 10-5, 11-15.1, 11-17.1, 11-18.1,
11-19.1, 11-19.2, 12-2, 12-4, 12-4.1, 12-4.2, 12-4.3,
12-6, 12-6.1, 12-13, 12-14, 12-14.1, 12-15, 12-16, 18-2, or
33A-2 of the Criminal Code of 1961;
(16.5) the defendant committed an offense in violation
of one of the following Sections while in a day care
center, regardless of the time of day or time of year; on
the real property of a day care center, regardless of the
time of day or time of year; or on a public way within
1,000 feet of the real property comprising any day care
center, regardless of the time of day or time of year:
Section 10-1, 10-2, 10-5, 11-15.1, 11-17.1, 11-18.1,

SB3090 Enrolled - 42 - LRB096 19623 RLC 35019 b
11-19.1, 11-19.2, 12-2, 12-4, 12-4.1, 12-4.2, 12-4.3,
12-6, 12-6.1, 12-13, 12-14, 12-14.1, 12-15, 12-16, 18-2, or
33A-2 of the Criminal Code of 1961;
(17) the defendant committed the offense by reason of
any person's activity as a community policing volunteer or
to prevent any person from engaging in activity as a
community policing volunteer. For the purpose of this
Section, "community policing volunteer" has the meaning
ascribed to it in Section 2-3.5 of the Criminal Code of
1961;
(18) the defendant committed the offense in a nursing
home or on the real property comprising a nursing home. For
the purposes of this paragraph (18), "nursing home" means a
skilled nursing or intermediate long term care facility
that is subject to license by the Illinois Department of
Public Health under the Nursing Home Care Act;
(19) the defendant was a federally licensed firearm
dealer and was previously convicted of a violation of
subsection (a) of Section 3 of the Firearm Owners
Identification Card Act and has now committed either a
felony violation of the Firearm Owners Identification Card
Act or an act of armed violence while armed with a firearm;
(20) the defendant (i) committed the offense of
reckless homicide under Section 9-3 of the Criminal Code of
1961 or the offense of driving under the influence of
alcohol, other drug or drugs, intoxicating compound or

SB3090 Enrolled - 43 - LRB096 19623 RLC 35019 b
compounds or any combination thereof under Section 11-501
of the Illinois Vehicle Code or a similar provision of a
local ordinance and (ii) was operating a motor vehicle in
excess of 20 miles per hour over the posted speed limit as
provided in Article VI of Chapter 11 of the Illinois
Vehicle Code;
(21) the defendant (i) committed the offense of
reckless driving or aggravated reckless driving under
Section 11-503 of the Illinois Vehicle Code and (ii) was
operating a motor vehicle in excess of 20 miles per hour
over the posted speed limit as provided in Article VI of
Chapter 11 of the Illinois Vehicle Code;
(22) the defendant committed the offense against a
person that the defendant knew, or reasonably should have
known, was a member of the Armed Forces of the United
States serving on active duty. For purposes of this clause
(22), the term "Armed Forces" means any of the Armed Forces
of the United States, including a member of any reserve
component thereof or National Guard unit called to active
duty;
(23) the defendant committed the offense against a
person who was elderly, disabled, or infirm by taking
advantage of a family or fiduciary relationship with the
elderly, disabled, or infirm person; or
(24) the defendant committed any offense under Section
11-20.1 of the Criminal Code of 1961 and possessed 100 or

SB3090 Enrolled - 44 - LRB096 19623 RLC 35019 b
more images; or
(25) the defendant committed the offense while the
defendant or the victim was in a train, bus, or other
vehicle used for public transportation; or .
(26) (25) the defendant committed the offense of child
pornography or aggravated child pornography, specifically
including paragraph (1), (2), (3), (4), (5), or (7) of
subsection (a) of Section 11-20.1 of the Criminal Code of
1961 where a child engaged in, solicited for, depicted in,
or posed in any act of sexual penetration or bound,
fettered, or subject to sadistic, masochistic, or
sadomasochistic abuse in a sexual context and specifically
including paragraph (1), (2), (3), (4), (5), or (7) of
subsection (a) of Section 11-20.3 of the Criminal Code of
1961 where a child engaged in, solicited for, depicted in,
or posed in any act of sexual penetration or bound,
fettered, or subject to sadistic, masochistic, or
sadomasochistic abuse in a sexual context.
For the purposes of this Section:
"School" is defined as a public or private elementary or
secondary school, community college, college, or university.
"Day care center" means a public or private State certified
and licensed day care center as defined in Section 2.09 of the
Child Care Act of 1969 that displays a sign in plain view
stating that the property is a day care center.
"Public transportation" means the transportation or

SB3090 Enrolled - 45 - LRB096 19623 RLC 35019 b
conveyance of persons by means available to the general public,
and includes paratransit services.
(b) The following factors, related to all felonies, may be
considered by the court as reasons to impose an extended term
sentence under Section 5-8-2 upon any offender:
(1) When a defendant is convicted of any felony, after
having been previously convicted in Illinois or any other
jurisdiction of the same or similar class felony or greater
class felony, when such conviction has occurred within 10
years after the previous conviction, excluding time spent
in custody, and such charges are separately brought and
tried and arise out of different series of acts; or
(2) When a defendant is convicted of any felony and the
court finds that the offense was accompanied by
exceptionally brutal or heinous behavior indicative of
wanton cruelty; or
(3) When a defendant is convicted of any felony
committed against:
(i) a person under 12 years of age at the time of
the offense or such person's property;
(ii) a person 60 years of age or older at the time
of the offense or such person's property; or
(iii) a person physically handicapped at the time
of the offense or such person's property; or
(4) When a defendant is convicted of any felony and the
offense involved any of the following types of specific

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misconduct committed as part of a ceremony, rite,
initiation, observance, performance, practice or activity
of any actual or ostensible religious, fraternal, or social
group:
(i) the brutalizing or torturing of humans or
animals;
(ii) the theft of human corpses;
(iii) the kidnapping of humans;
(iv) the desecration of any cemetery, religious,
fraternal, business, governmental, educational, or
other building or property; or
(v) ritualized abuse of a child; or
(5) When a defendant is convicted of a felony other
than conspiracy and the court finds that the felony was
committed under an agreement with 2 or more other persons
to commit that offense and the defendant, with respect to
the other individuals, occupied a position of organizer,
supervisor, financier, or any other position of management
or leadership, and the court further finds that the felony
committed was related to or in furtherance of the criminal
activities of an organized gang or was motivated by the
defendant's leadership in an organized gang; or
(6) When a defendant is convicted of an offense
committed while using a firearm with a laser sight attached
to it. For purposes of this paragraph, "laser sight" has
the meaning ascribed to it in Section 24.6-5 of the

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Criminal Code of 1961; or
(7) When a defendant who was at least 17 years of age
at the time of the commission of the offense is convicted
of a felony and has been previously adjudicated a
delinquent minor under the Juvenile Court Act of 1987 for
an act that if committed by an adult would be a Class X or
Class 1 felony when the conviction has occurred within 10
years after the previous adjudication, excluding time
spent in custody; or
(8) When a defendant commits any felony and the
defendant used, possessed, exercised control over, or
otherwise directed an animal to assault a law enforcement
officer engaged in the execution of his or her official
duties or in furtherance of the criminal activities of an
organized gang in which the defendant is engaged.
(c) The following factors may be considered by the court as
reasons to impose an extended term sentence under Section 5-8-2
(730 ILCS 5/5-8-2) upon any offender for the listed offenses:
(1) When a defendant is convicted of first degree
murder, after having been previously convicted in Illinois
of any offense listed under paragraph (c)(2) of Section
5-5-3 (730 ILCS 5/5-5-3), when that conviction has occurred
within 10 years after the previous conviction, excluding
time spent in custody, and the charges are separately
brought and tried and arise out of different series of
acts.

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(1.5) When a defendant is convicted of first degree
murder, after having been previously convicted of domestic
battery (720 ILCS 5/12-3.2) or aggravated domestic battery
(720 ILCS 5/12-3.3) committed on the same victim or after
having been previously convicted of violation of an order
of protection (720 ILCS 5/12-30) in which the same victim
was the protected person.
(2) When a defendant is convicted of voluntary
manslaughter, second degree murder, involuntary
manslaughter, or reckless homicide in which the defendant
has been convicted of causing the death of more than one
individual.
(3) When a defendant is convicted of aggravated
criminal sexual assault or criminal sexual assault, when
there is a finding that aggravated criminal sexual assault
or criminal sexual assault was also committed on the same
victim by one or more other individuals, and the defendant
voluntarily participated in the crime with the knowledge of
the participation of the others in the crime, and the
commission of the crime was part of a single course of
conduct during which there was no substantial change in the
nature of the criminal objective.
(4) If the victim was under 18 years of age at the time
of the commission of the offense, when a defendant is
convicted of aggravated criminal sexual assault or
predatory criminal sexual assault of a child under

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subsection (a)(1) of Section 12-14.1 of the Criminal Code
of 1961 (720 ILCS 5/12-14.1).
(5) When a defendant is convicted of a felony violation
of Section 24-1 of the Criminal Code of 1961 (720 ILCS
5/24-1) and there is a finding that the defendant is a
member of an organized gang.
(6) When a defendant was convicted of unlawful use of
weapons under Section 24-1 of the Criminal Code of 1961
(720 ILCS 5/24-1) for possessing a weapon that is not
readily distinguishable as one of the weapons enumerated in
Section 24-1 of the Criminal Code of 1961 (720 ILCS
5/24-1).
(7) When a defendant is convicted of an offense
involving the illegal manufacture of a controlled
substance under Section 401 of the Illinois Controlled
Substances Act (720 ILCS 570/401), the illegal manufacture
of methamphetamine under Section 25 of the Methamphetamine
Control and Community Protection Act (720 ILCS 646/25), or
the illegal possession of explosives and an emergency
response officer in the performance of his or her duties is
killed or injured at the scene of the offense while
responding to the emergency caused by the commission of the
offense. In this paragraph, "emergency" means a situation
in which a person's life, health, or safety is in jeopardy;
and "emergency response officer" means a peace officer,
community policing volunteer, fireman, emergency medical

SB3090 Enrolled - 50 - LRB096 19623 RLC 35019 b
technician-ambulance, emergency medical
technician-intermediate, emergency medical
technician-paramedic, ambulance driver, other medical
assistance or first aid personnel, or hospital emergency
room personnel.
(d) For the purposes of this Section, "organized gang" has
the meaning ascribed to it in Section 10 of the Illinois
Streetgang Terrorism Omnibus Prevention Act.
(Source: P.A. 95-85, eff. 1-1-08; 95-362, eff. 1-1-08; 95-569,
eff. 6-1-08; 95-876, eff. 8-21-08; 95-942, eff. 1-1-09;
95-1052, eff. 7-1-09; 96-41, eff. 1-1-10; 96-292, eff. 1-1-10;
96-328, eff. 8-11-09; revised 9-25-09.)
(Text of Section after amendment by P.A. 96-339)
Sec. 5-5-3.2. Factors in Aggravation and Extended-Term
Sentencing.
(a) The following factors shall be accorded weight in favor
of imposing a term of imprisonment or may be considered by the
court as reasons to impose a more severe sentence under Section
5-8-1 or Article 4.5 of Chapter V:
(1) the defendant's conduct caused or threatened
serious harm;
(2) the defendant received compensation for committing
the offense;
(3) the defendant has a history of prior delinquency or
criminal activity;

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(4) the defendant, by the duties of his office or by
his position, was obliged to prevent the particular offense
committed or to bring the offenders committing it to
justice;
(5) the defendant held public office at the time of the
offense, and the offense related to the conduct of that
office;
(6) the defendant utilized his professional reputation
or position in the community to commit the offense, or to
afford him an easier means of committing it;
(7) the sentence is necessary to deter others from
committing the same crime;
(8) the defendant committed the offense against a
person 60 years of age or older or such person's property;
(9) the defendant committed the offense against a
person who is physically handicapped or such person's
property;
(10) by reason of another individual's actual or
perceived race, color, creed, religion, ancestry, gender,
sexual orientation, physical or mental disability, or
national origin, the defendant committed the offense
against (i) the person or property of that individual; (ii)
the person or property of a person who has an association
with, is married to, or has a friendship with the other
individual; or (iii) the person or property of a relative
(by blood or marriage) of a person described in clause (i)

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or (ii). For the purposes of this Section, "sexual
orientation" means heterosexuality, homosexuality, or
bisexuality;
(11) the offense took place in a place of worship or on
the grounds of a place of worship, immediately prior to,
during or immediately following worship services. For
purposes of this subparagraph, "place of worship" shall
mean any church, synagogue or other building, structure or
place used primarily for religious worship;
(12) the defendant was convicted of a felony committed
while he was released on bail or his own recognizance
pending trial for a prior felony and was convicted of such
prior felony, or the defendant was convicted of a felony
committed while he was serving a period of probation,
conditional discharge, or mandatory supervised release
under subsection (d) of Section 5-8-1 for a prior felony;
(13) the defendant committed or attempted to commit a
felony while he was wearing a bulletproof vest. For the
purposes of this paragraph (13), a bulletproof vest is any
device which is designed for the purpose of protecting the
wearer from bullets, shot or other lethal projectiles;
(14) the defendant held a position of trust or
supervision such as, but not limited to, family member as
defined in Section 12-12 of the Criminal Code of 1961,
teacher, scout leader, baby sitter, or day care worker, in
relation to a victim under 18 years of age, and the

SB3090 Enrolled - 53 - LRB096 19623 RLC 35019 b
defendant committed an offense in violation of Section
11-6, 11-11, 11-15.1, 11-19.1, 11-19.2, 11-20.1, 12-13,
12-14, 12-14.1, 12-15 or 12-16 of the Criminal Code of 1961
against that victim;
(15) the defendant committed an offense related to the
activities of an organized gang. For the purposes of this
factor, "organized gang" has the meaning ascribed to it in
Section 10 of the Streetgang Terrorism Omnibus Prevention
Act;
(16) the defendant committed an offense in violation of
one of the following Sections while in a school, regardless
of the time of day or time of year; on any conveyance
owned, leased, or contracted by a school to transport
students to or from school or a school related activity; on
the real property of a school; or on a public way within
1,000 feet of the real property comprising any school:
Section 10-1, 10-2, 10-5, 11-15.1, 11-17.1, 11-18.1,
11-19.1, 11-19.2, 12-2, 12-4, 12-4.1, 12-4.2, 12-4.3,
12-6, 12-6.1, 12-13, 12-14, 12-14.1, 12-15, 12-16, 18-2, or
33A-2 of the Criminal Code of 1961;
(16.5) the defendant committed an offense in violation
of one of the following Sections while in a day care
center, regardless of the time of day or time of year; on
the real property of a day care center, regardless of the
time of day or time of year; or on a public way within
1,000 feet of the real property comprising any day care

SB3090 Enrolled - 54 - LRB096 19623 RLC 35019 b
center, regardless of the time of day or time of year:
Section 10-1, 10-2, 10-5, 11-15.1, 11-17.1, 11-18.1,
11-19.1, 11-19.2, 12-2, 12-4, 12-4.1, 12-4.2, 12-4.3,
12-6, 12-6.1, 12-13, 12-14, 12-14.1, 12-15, 12-16, 18-2, or
33A-2 of the Criminal Code of 1961;
(17) the defendant committed the offense by reason of
any person's activity as a community policing volunteer or
to prevent any person from engaging in activity as a
community policing volunteer. For the purpose of this
Section, "community policing volunteer" has the meaning
ascribed to it in Section 2-3.5 of the Criminal Code of
1961;
(18) the defendant committed the offense in a nursing
home or on the real property comprising a nursing home. For
the purposes of this paragraph (18), "nursing home" means a
skilled nursing or intermediate long term care facility
that is subject to license by the Illinois Department of
Public Health under the Nursing Home Care Act or the MR/DD
Community Care Act;
(19) the defendant was a federally licensed firearm
dealer and was previously convicted of a violation of
subsection (a) of Section 3 of the Firearm Owners
Identification Card Act and has now committed either a
felony violation of the Firearm Owners Identification Card
Act or an act of armed violence while armed with a firearm;
(20) the defendant (i) committed the offense of

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reckless homicide under Section 9-3 of the Criminal Code of
1961 or the offense of driving under the influence of
alcohol, other drug or drugs, intoxicating compound or
compounds or any combination thereof under Section 11-501
of the Illinois Vehicle Code or a similar provision of a
local ordinance and (ii) was operating a motor vehicle in
excess of 20 miles per hour over the posted speed limit as
provided in Article VI of Chapter 11 of the Illinois
Vehicle Code;
(21) the defendant (i) committed the offense of
reckless driving or aggravated reckless driving under
Section 11-503 of the Illinois Vehicle Code and (ii) was
operating a motor vehicle in excess of 20 miles per hour
over the posted speed limit as provided in Article VI of
Chapter 11 of the Illinois Vehicle Code;
(22) the defendant committed the offense against a
person that the defendant knew, or reasonably should have
known, was a member of the Armed Forces of the United
States serving on active duty. For purposes of this clause
(22), the term "Armed Forces" means any of the Armed Forces
of the United States, including a member of any reserve
component thereof or National Guard unit called to active
duty;
(23) the defendant committed the offense against a
person who was elderly, disabled, or infirm by taking
advantage of a family or fiduciary relationship with the

SB3090 Enrolled - 56 - LRB096 19623 RLC 35019 b
elderly, disabled, or infirm person; or
(24) the defendant committed any offense under Section
11-20.1 of the Criminal Code of 1961 and possessed 100 or
more images; or
(25) the defendant committed the offense while the
defendant or the victim was in a train, bus, or other
vehicle used for public transportation; or .
(26) (25) the defendant committed the offense of child
pornography or aggravated child pornography, specifically
including paragraph (1), (2), (3), (4), (5), or (7) of
subsection (a) of Section 11-20.1 of the Criminal Code of
1961 where a child engaged in, solicited for, depicted in,
or posed in any act of sexual penetration or bound,
fettered, or subject to sadistic, masochistic, or
sadomasochistic abuse in a sexual context and specifically
including paragraph (1), (2), (3), (4), (5), or (7) of
subsection (a) of Section 11-20.3 of the Criminal Code of
1961 where a child engaged in, solicited for, depicted in,
or posed in any act of sexual penetration or bound,
fettered, or subject to sadistic, masochistic, or
sadomasochistic abuse in a sexual context.
For the purposes of this Section:
"School" is defined as a public or private elementary or
secondary school, community college, college, or university.
"Day care center" means a public or private State certified
and licensed day care center as defined in Section 2.09 of the

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Child Care Act of 1969 that displays a sign in plain view
stating that the property is a day care center.
"Public transportation" means the transportation or
conveyance of persons by means available to the general public,
and includes paratransit services.
(b) The following factors, related to all felonies, may be
considered by the court as reasons to impose an extended term
sentence under Section 5-8-2 upon any offender:
(1) When a defendant is convicted of any felony, after
having been previously convicted in Illinois or any other
jurisdiction of the same or similar class felony or greater
class felony, when such conviction has occurred within 10
years after the previous conviction, excluding time spent
in custody, and such charges are separately brought and
tried and arise out of different series of acts; or
(2) When a defendant is convicted of any felony and the
court finds that the offense was accompanied by
exceptionally brutal or heinous behavior indicative of
wanton cruelty; or
(3) When a defendant is convicted of any felony
committed against:
(i) a person under 12 years of age at the time of
the offense or such person's property;
(ii) a person 60 years of age or older at the time
of the offense or such person's property; or
(iii) a person physically handicapped at the time

SB3090 Enrolled - 58 - LRB096 19623 RLC 35019 b
of the offense or such person's property; or
(4) When a defendant is convicted of any felony and the
offense involved any of the following types of specific
misconduct committed as part of a ceremony, rite,
initiation, observance, performance, practice or activity
of any actual or ostensible religious, fraternal, or social
group:
(i) the brutalizing or torturing of humans or
animals;
(ii) the theft of human corpses;
(iii) the kidnapping of humans;
(iv) the desecration of any cemetery, religious,
fraternal, business, governmental, educational, or
other building or property; or
(v) ritualized abuse of a child; or
(5) When a defendant is convicted of a felony other
than conspiracy and the court finds that the felony was
committed under an agreement with 2 or more other persons
to commit that offense and the defendant, with respect to
the other individuals, occupied a position of organizer,
supervisor, financier, or any other position of management
or leadership, and the court further finds that the felony
committed was related to or in furtherance of the criminal
activities of an organized gang or was motivated by the
defendant's leadership in an organized gang; or
(6) When a defendant is convicted of an offense

SB3090 Enrolled - 59 - LRB096 19623 RLC 35019 b
committed while using a firearm with a laser sight attached
to it. For purposes of this paragraph, "laser sight" has
the meaning ascribed to it in Section 24.6-5 of the
Criminal Code of 1961; or
(7) When a defendant who was at least 17 years of age
at the time of the commission of the offense is convicted
of a felony and has been previously adjudicated a
delinquent minor under the Juvenile Court Act of 1987 for
an act that if committed by an adult would be a Class X or
Class 1 felony when the conviction has occurred within 10
years after the previous adjudication, excluding time
spent in custody; or
(8) When a defendant commits any felony and the
defendant used, possessed, exercised control over, or
otherwise directed an animal to assault a law enforcement
officer engaged in the execution of his or her official
duties or in furtherance of the criminal activities of an
organized gang in which the defendant is engaged.
(c) The following factors may be considered by the court as
reasons to impose an extended term sentence under Section 5-8-2
(730 ILCS 5/5-8-2) upon any offender for the listed offenses:
(1) When a defendant is convicted of first degree
murder, after having been previously convicted in Illinois
of any offense listed under paragraph (c)(2) of Section
5-5-3 (730 ILCS 5/5-5-3), when that conviction has occurred
within 10 years after the previous conviction, excluding

SB3090 Enrolled - 60 - LRB096 19623 RLC 35019 b
time spent in custody, and the charges are separately
brought and tried and arise out of different series of
acts.
(1.5) When a defendant is convicted of first degree
murder, after having been previously convicted of domestic
battery (720 ILCS 5/12-3.2) or aggravated domestic battery
(720 ILCS 5/12-3.3) committed on the same victim or after
having been previously convicted of violation of an order
of protection (720 ILCS 5/12-30) in which the same victim
was the protected person.
(2) When a defendant is convicted of voluntary
manslaughter, second degree murder, involuntary
manslaughter, or reckless homicide in which the defendant
has been convicted of causing the death of more than one
individual.
(3) When a defendant is convicted of aggravated
criminal sexual assault or criminal sexual assault, when
there is a finding that aggravated criminal sexual assault
or criminal sexual assault was also committed on the same
victim by one or more other individuals, and the defendant
voluntarily participated in the crime with the knowledge of
the participation of the others in the crime, and the
commission of the crime was part of a single course of
conduct during which there was no substantial change in the
nature of the criminal objective.
(4) If the victim was under 18 years of age at the time

SB3090 Enrolled - 61 - LRB096 19623 RLC 35019 b
of the commission of the offense, when a defendant is
convicted of aggravated criminal sexual assault or
predatory criminal sexual assault of a child under
subsection (a)(1) of Section 12-14.1 of the Criminal Code
of 1961 (720 ILCS 5/12-14.1).
(5) When a defendant is convicted of a felony violation
of Section 24-1 of the Criminal Code of 1961 (720 ILCS
5/24-1) and there is a finding that the defendant is a
member of an organized gang.
(6) When a defendant was convicted of unlawful use of
weapons under Section 24-1 of the Criminal Code of 1961
(720 ILCS 5/24-1) for possessing a weapon that is not
readily distinguishable as one of the weapons enumerated in
Section 24-1 of the Criminal Code of 1961 (720 ILCS
5/24-1).
(7) When a defendant is convicted of an offense
involving the illegal manufacture of a controlled
substance under Section 401 of the Illinois Controlled
Substances Act (720 ILCS 570/401), the illegal manufacture
of methamphetamine under Section 25 of the Methamphetamine
Control and Community Protection Act (720 ILCS 646/25), or
the illegal possession of explosives and an emergency
response officer in the performance of his or her duties is
killed or injured at the scene of the offense while
responding to the emergency caused by the commission of the
offense. In this paragraph, "emergency" means a situation

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in which a person's life, health, or safety is in jeopardy;
and "emergency response officer" means a peace officer,
community policing volunteer, fireman, emergency medical
technician-ambulance, emergency medical
technician-intermediate, emergency medical
technician-paramedic, ambulance driver, other medical
assistance or first aid personnel, or hospital emergency
room personnel.
(d) For the purposes of this Section, "organized gang" has
the meaning ascribed to it in Section 10 of the Illinois
Streetgang Terrorism Omnibus Prevention Act.
(Source: P.A. 95-85, eff. 1-1-08; 95-362, eff. 1-1-08; 95-569,
eff. 6-1-08; 95-876, eff. 8-21-08; 95-942, eff. 1-1-09;
95-1052, eff. 7-1-09; 96-41, eff. 1-1-10; 96-292, eff. 1-1-10;
96-328, eff. 8-11-09; 96-339, eff. 7-1-10; revised 9-25-09.)
(730 ILCS 5/5-6-4) (from Ch. 38, par. 1005-6-4)
Sec. 5-6-4. Violation, Modification or Revocation of
Probation, of Conditional Discharge or Supervision or of a
sentence of county impact incarceration - Hearing.
(a) Except in cases where conditional discharge or
supervision was imposed for a petty offense as defined in
Section 5-1-17, when a petition is filed charging a violation
of a condition, the court may:
(1) in the case of probation violations, order the
issuance of a notice to the offender to be present by the

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County Probation Department or such other agency
designated by the court to handle probation matters; and in
the case of conditional discharge or supervision
violations, such notice to the offender shall be issued by
the Circuit Court Clerk; and in the case of a violation of
a sentence of county impact incarceration, such notice
shall be issued by the Sheriff;
(2) order a summons to the offender to be present for
hearing; or
(3) order a warrant for the offender's arrest where
there is danger of his fleeing the jurisdiction or causing
serious harm to others or when the offender fails to answer
a summons or notice from the clerk of the court or Sheriff.
Personal service of the petition for violation of probation
or the issuance of such warrant, summons or notice shall toll
the period of probation, conditional discharge, supervision,
or sentence of county impact incarceration until the final
determination of the charge, and the term of probation,
conditional discharge, supervision, or sentence of county
impact incarceration shall not run until the hearing and
disposition of the petition for violation.
(b) The court shall conduct a hearing of the alleged
violation. The court shall admit the offender to bail pending
the hearing unless the alleged violation is itself a criminal
offense in which case the offender shall be admitted to bail on
such terms as are provided in the Code of Criminal Procedure of

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1963, as amended. In any case where an offender remains
incarcerated only as a result of his alleged violation of the
court's earlier order of probation, supervision, conditional
discharge, or county impact incarceration such hearing shall be
held within 14 days of the onset of said incarceration, unless
the alleged violation is the commission of another offense by
the offender during the period of probation, supervision or
conditional discharge in which case such hearing shall be held
within the time limits described in Section 103-5 of the Code
of Criminal Procedure of 1963, as amended.
(c) The State has the burden of going forward with the
evidence and proving the violation by the preponderance of the
evidence. The evidence shall be presented in open court with
the right of confrontation, cross-examination, and
representation by counsel.
(d) Probation, conditional discharge, periodic
imprisonment and supervision shall not be revoked for failure
to comply with conditions of a sentence or supervision, which
imposes financial obligations upon the offender unless such
failure is due to his willful refusal to pay.
(e) If the court finds that the offender has violated a
condition at any time prior to the expiration or termination of
the period, it may continue him on the existing sentence, with
or without modifying or enlarging the conditions, or may impose
any other sentence that was available under Article 4.5 of
Chapter V of this Code or Section 11-501 of the Illinois

SB3090 Enrolled - 65 - LRB096 19623 RLC 35019 b
Vehicle Code at the time of initial sentencing. If the court
finds that the person has failed to successfully complete his
or her sentence to a county impact incarceration program, the
court may impose any other sentence that was available under
Article 4.5 of Chapter V of this Code or Section 11-501 of the
Illinois Vehicle Code at the time of initial sentencing, except
for a sentence of probation or conditional discharge. If the
court finds that the offender has violated paragraph (8.6) of
subsection (a) of Section 5-6-3, the court shall revoke the
probation of the offender. If the court finds that the offender
has violated subsection (o) of Section 5-6-3.1, the court shall
revoke the supervision of the offender.
(f) The conditions of probation, of conditional discharge,
of supervision, or of a sentence of county impact incarceration
may be modified by the court on motion of the supervising
agency or on its own motion or at the request of the offender
after notice and a hearing.
(g) A judgment revoking supervision, probation,
conditional discharge, or a sentence of county impact
incarceration is a final appealable order.
(h) Resentencing after revocation of probation,
conditional discharge, supervision, or a sentence of county
impact incarceration shall be under Article 4. The term on
probation, conditional discharge or supervision shall not be
credited by the court against a sentence of imprisonment or
periodic imprisonment unless the court orders otherwise. The

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amount of credit to be applied against a sentence of
imprisonment or periodic imprisonment when the defendant
served a term or partial term of periodic imprisonment shall be
calculated upon the basis of the actual days spent in
confinement rather than the duration of the term.
(i) Instead of filing a violation of probation, conditional
discharge, supervision, or a sentence of county impact
incarceration, an agent or employee of the supervising agency
with the concurrence of his or her supervisor may serve on the
defendant a Notice of Intermediate Sanctions. The Notice shall
contain the technical violation or violations involved, the
date or dates of the violation or violations, and the
intermediate sanctions to be imposed. Upon receipt of the
Notice, the defendant shall immediately accept or reject the
intermediate sanctions. If the sanctions are accepted, they
shall be imposed immediately. If the intermediate sanctions are
rejected or the defendant does not respond to the Notice, a
violation of probation, conditional discharge, supervision, or
a sentence of county impact incarceration shall be immediately
filed with the court. The State's Attorney and the sentencing
court shall be notified of the Notice of Sanctions. Upon
successful completion of the intermediate sanctions, a court
may not revoke probation, conditional discharge, supervision,
or a sentence of county impact incarceration or impose
additional sanctions for the same violation. A notice of
intermediate sanctions may not be issued for any violation of

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probation, conditional discharge, supervision, or a sentence
of county impact incarceration which could warrant an
additional, separate felony charge. The intermediate sanctions
shall include a term of home detention as provided in Article
8A of Chapter V of this Code for multiple or repeat violations
of the terms and conditions of a sentence of probation,
conditional discharge, or supervision.
(j) When an offender is re-sentenced after revocation of
probation that was imposed in combination with a sentence of
imprisonment for the same offense, the aggregate of the
sentences may not exceed the maximum term authorized under
Article 4.5 of Chapter V Article 8 of this Chapter.
(Source: P.A. 94-161, eff. 7-11-05; 95-35, eff. 1-1-08;
95-1052, eff. 7-1-09.)
(730 ILCS 5/5-8-1) (from Ch. 38, par. 1005-8-1)
Sec. 5-8-1. Natural life imprisonment; enhancements for
use of a firearm; mandatory supervised release terms.
(a) Except as otherwise provided in the statute defining
the offense or in Article 4.5 of Chapter V, a sentence of
imprisonment for a felony shall be a determinate sentence set
by the court under this Section, according to the following
limitations:
(1) for first degree murder,
(a) (blank),
(b) if a trier of fact finds beyond a reasonable

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doubt that the murder was accompanied by exceptionally
brutal or heinous behavior indicative of wanton
cruelty or, except as set forth in subsection (a)(1)(c)
of this Section, that any of the aggravating factors
listed in subsection (b) of Section 9-1 of the Criminal
Code of 1961 are present, the court may sentence the
defendant to a term of natural life imprisonment, or
(c) the court shall sentence the defendant to a
term of natural life imprisonment when the death
penalty is not imposed if the defendant,
(i) has previously been convicted of first
degree murder under any state or federal law, or
(ii) is a person who, at the time of the
commission of the murder, had attained the age of
17 or more and is found guilty of murdering an
individual under 12 years of age; or, irrespective
of the defendant's age at the time of the
commission of the offense, is found guilty of
murdering more than one victim, or
(iii) is found guilty of murdering a peace
officer, fireman, or emergency management worker
when the peace officer, fireman, or emergency
management worker was killed in the course of
performing his official duties, or to prevent the
peace officer or fireman from performing his
official duties, or in retaliation for the peace

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officer, fireman, or emergency management worker
from performing his official duties, and the
defendant knew or should have known that the
murdered individual was a peace officer, fireman,
or emergency management worker, or
(iv) is found guilty of murdering an employee
of an institution or facility of the Department of
Corrections, or any similar local correctional
agency, when the employee was killed in the course
of performing his official duties, or to prevent
the employee from performing his official duties,
or in retaliation for the employee performing his
official duties, or
(v) is found guilty of murdering an emergency
medical technician - ambulance, emergency medical
technician - intermediate, emergency medical
technician - paramedic, ambulance driver or other
medical assistance or first aid person while
employed by a municipality or other governmental
unit when the person was killed in the course of
performing official duties or to prevent the
person from performing official duties or in
retaliation for performing official duties and the
defendant knew or should have known that the
murdered individual was an emergency medical
technician - ambulance, emergency medical

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technician - intermediate, emergency medical
technician - paramedic, ambulance driver, or other
medical assistant or first aid personnel, or
(vi) is a person who, at the time of the
commission of the murder, had not attained the age
of 17, and is found guilty of murdering a person
under 12 years of age and the murder is committed
during the course of aggravated criminal sexual
assault, criminal sexual assault, or aggravated
kidnaping, or
(vii) is found guilty of first degree murder
and the murder was committed by reason of any
person's activity as a community policing
volunteer or to prevent any person from engaging in
activity as a community policing volunteer. For
the purpose of this Section, "community policing
volunteer" has the meaning ascribed to it in
Section 2-3.5 of the Criminal Code of 1961.
For purposes of clause (v), "emergency medical
technician - ambulance", "emergency medical technician -
intermediate", "emergency medical technician -
paramedic", have the meanings ascribed to them in the
Emergency Medical Services (EMS) Systems Act.
(d) (i) if the person committed the offense while
armed with a firearm, 15 years shall be added to
the term of imprisonment imposed by the court;

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(ii) if, during the commission of the offense,
the person personally discharged a firearm, 20
years shall be added to the term of imprisonment
imposed by the court;
(iii) if, during the commission of the
offense, the person personally discharged a
firearm that proximately caused great bodily harm,
permanent disability, permanent disfigurement, or
death to another person, 25 years or up to a term
of natural life shall be added to the term of
imprisonment imposed by the court.
(2) (blank);
(2.5) for a person convicted under the circumstances
described in paragraph (3) of subsection (b) of Section
12-13, paragraph (2) of subsection (d) of Section 12-14,
paragraph (1.2) of subsection (b) of Section 12-14.1, or
paragraph (2) of subsection (b) of Section 12-14.1 of the
Criminal Code of 1961, the sentence shall be a term of
natural life imprisonment.
(b) (Blank.).
(c) (Blank.).
(d) Subject to earlier termination under Section 3-3-8, the
parole or mandatory supervised release term shall be as
follows:
(1) for first degree murder or a Class X felony except
for the offenses of predatory criminal sexual assault of a

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child, aggravated criminal sexual assault, and criminal
sexual assault if committed on or after the effective date
of this amendatory Act of the 94th General Assembly and
except for the offense of aggravated child pornography
under Section 11-20.3 of the Criminal Code of 1961, if
committed on or after January 1, 2009, 3 years;
(2) for a Class 1 felony or a Class 2 felony except for
the offense of criminal sexual assault if committed on or
after the effective date of this amendatory Act of the 94th
General Assembly and except for the offenses of manufacture
and dissemination of child pornography under clauses
(a)(1) and (a)(2) of Section 11-20.1 of the Criminal Code
of 1961, if committed on or after January 1, 2009, 2 years;
(3) for a Class 3 felony or a Class 4 felony, 1 year;
(4) for defendants who commit the offense of predatory
criminal sexual assault of a child, aggravated criminal
sexual assault, or criminal sexual assault, on or after the
effective date of this amendatory Act of the 94th General
Assembly, or who commit the offense of aggravated child
pornography, manufacture of child pornography, or
dissemination of child pornography after January 1, 2009,
the term of mandatory supervised release shall range from a
minimum of 3 years to a maximum of the natural life of the
defendant;
(5) if the victim is under 18 years of age, for a
second or subsequent offense of aggravated criminal sexual

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abuse or felony criminal sexual abuse, 4 years, at least
the first 2 years of which the defendant shall serve in an
electronic home detention program under Article 8A of
Chapter V of this Code;
(6) for a felony domestic battery, aggravated domestic
battery, stalking, aggravated stalking, and a felony
violation of an order of protection, 4 years.
(e) (Blank.).
(f) (Blank.).
(Source: P.A. 95-983, eff. 6-1-09; 95-1052, eff. 7-1-09;
96-282, eff. 1-1-10; revised 9-4-09.)
(730 ILCS 5/5-8-2) (from Ch. 38, par. 1005-8-2)
Sec. 5-8-2. Extended Term.
(a) A judge shall not sentence an offender to a term of
imprisonment in excess of the maximum sentence authorized by
Section 5-8-1 (730 ILCS 5/5-8-1) or Article 4.5 of Chapter V
for an offense or offenses within the class of the most serious
offense of which the offender was convicted unless the factors
in aggravation set forth in Section 5-5-3.2 or clause (a)(1)(b)
of Section 5-8-1 were found to be present. If the pre-trial and
trial proceedings were conducted in compliance with subsection
(c-5) of Section 111-3 of the Code of Criminal Procedure of
1963, the judge may sentence an offender to an extended term as
provided in Article 4.5 of Chapter V (730 ILCS 5/Ch. V, Art.
4.5).

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(b) If the conviction was by plea, it shall appear on the
record that the plea was entered with the defendant's knowledge
that a sentence under this Section was a possibility. If it
does not so appear on the record, the defendant shall not be
subject to such a sentence unless he is first given an
opportunity to withdraw his plea without prejudice.
(Source: P.A. 95-1052, eff. 7-1-09.)
(730 ILCS 5/5-8-4) (from Ch. 38, par. 1005-8-4)
Sec. 5-8-4. Concurrent and consecutive terms of
imprisonment.
(a) Concurrent terms; multiple or additional sentences.
When an Illinois court (i) imposes multiple sentences of
imprisonment on a defendant at the same time or (ii) imposes a
sentence of imprisonment on a defendant who is already subject
to a sentence of imprisonment imposed by an Illinois court, a
court of another state, or a federal court, then the sentences
shall run concurrently unless otherwise determined by the
Illinois court under this Section.
(b) Concurrent terms; misdemeanor and felony. A defendant
serving a sentence for a misdemeanor who is convicted of a
felony and sentenced to imprisonment shall be transferred to
the Department of Corrections, and the misdemeanor sentence
shall be merged in and run concurrently with the felony
sentence.
(c) Consecutive terms; permissive. The court may impose

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consecutive sentences in any of the following circumstances:
(1) If, having regard to the nature and circumstances
of the offense and the history and character of the
defendant, it is the opinion of the court that consecutive
sentences are required to protect the public from further
criminal conduct by the defendant, the basis for which the
court shall set forth in the record.
(2) If one of the offenses for which a defendant was
convicted was a violation of Section 32-5.2 (aggravated
false personation of a peace officer) of the Criminal Code
of 1961 (720 ILCS 5/32-5.2) and the offense was committed
in attempting or committing a forcible felony.
(d) Consecutive terms; mandatory. The court shall impose
consecutive sentences in each of the following circumstances:
(1) One of the offenses for which the defendant was
convicted was first degree murder or a Class X or Class 1
felony and the defendant inflicted severe bodily injury.
(2) The defendant was convicted of a violation of
Section 12-13 (criminal sexual assault), 12-14 (aggravated
criminal sexual assault), or 12-14.1 (predatory criminal
sexual assault of a child) of the Criminal Code of 1961
(720 ILCS 5/12-13, 5/12-14, or 5/12-14.1).
(3) The defendant was convicted of armed violence based
upon the predicate offense of any of the following:
solicitation of murder, solicitation of murder for hire,
heinous battery, aggravated battery of a senior citizen,

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criminal sexual assault, a violation of subsection (g) of
Section 5 of the Cannabis Control Act (720 ILCS 550/5),
cannabis trafficking, a violation of subsection (a) of
Section 401 of the Illinois Controlled Substances Act (720
ILCS 570/401), controlled substance trafficking involving
a Class X felony amount of controlled substance under
Section 401 of the Illinois Controlled Substances Act (720
ILCS 570/401), a violation of the Methamphetamine Control
and Community Protection Act (720 ILCS 646/), calculated
criminal drug conspiracy, or streetgang criminal drug
conspiracy.
(4) The defendant was convicted of the offense of
leaving the scene of a motor vehicle accident involving
death or personal injuries under Section 11-401 of the
Illinois Vehicle Code (625 ILCS 5/11-401) and either: (A)
aggravated driving under the influence of alcohol, other
drug or drugs, or intoxicating compound or compounds, or
any combination thereof under Section 11-501 of the
Illinois Vehicle Code (625 ILCS 5/11-501), (B) reckless
homicide under Section 9-3 of the Criminal Code of 1961
(720 ILCS 5/9-3), or (C) both an offense described in item
(A) and an offense described in item (B).
(5) The defendant was convicted of a violation of
Section 9-3.1 (concealment of homicidal death) or Section
12-20.5 (dismembering a human body) of the Criminal Code of
1961 (720 ILCS 5/9-3.1 or 5/12-20.5). or

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(5.5) The (vi) the defendant was convicted of a
violation of Section 24-3.7 (use of a stolen firearm in the
commission of an offense) of the Criminal Code of 1961. ,
(6) If the defendant was in the custody of the
Department of Corrections at the time of the commission of
the offense, the sentence shall be served consecutive to
the sentence under which the defendant is held by the
Department of Corrections. If, however, the defendant is
sentenced to punishment by death, the sentence shall be
executed at such time as the court may fix without regard
to the sentence under which the defendant may be held by
the Department.
(7) A sentence under Section 3-6-4 (730 ILCS 5/3-6-4)
for escape or attempted escape shall be served consecutive
to the terms under which the offender is held by the
Department of Corrections.
(8) If a person charged with a felony commits a
separate felony while on pretrial release or in pretrial
detention in a county jail facility or county detention
facility, then the sentences imposed upon conviction of
these felonies shall be served consecutively regardless of
the order in which the judgments of conviction are entered.
(8.5) If a person commits a battery against a county
correctional officer or sheriff's employee while serving a
sentence or in pretrial detention in a county jail
facility, then the sentence imposed upon conviction of the

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battery shall be served consecutively with the sentence
imposed upon conviction of the earlier misdemeanor or
felony, regardless of the order in which the judgments of
conviction are entered.
(9) If a person admitted to bail following conviction
of a felony commits a separate felony while free on bond or
if a person detained in a county jail facility or county
detention facility following conviction of a felony
commits a separate felony while in detention, then any
sentence following conviction of the separate felony shall
be consecutive to that of the original sentence for which
the defendant was on bond or detained.
(10) If a person is found to be in possession of an
item of contraband, as defined in clause (c)(2) of Section
31A-1.1 of the Criminal Code of 1961, while serving a
sentence in a county jail or while in pre-trial detention
in a county jail, the sentence imposed upon conviction for
the offense of possessing contraband in a penal institution
shall be served consecutively to the sentence imposed for
the offense in which the person is serving sentence in the
county jail or serving pretrial detention, regardless of
the order in which the judgments of conviction are entered.
(11) If a person is sentenced for a violation of bail
bond under Section 32-10 of the Criminal Code of 1961, any
sentence imposed for that violation shall be served
consecutive to the sentence imposed for the charge for

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which bail had been granted and with respect to which the
defendant has been convicted.
(e) Consecutive terms; subsequent non-Illinois term. If an
Illinois court has imposed a sentence of imprisonment on a
defendant and the defendant is subsequently sentenced to a term
of imprisonment by a court of another state or a federal court,
then the Illinois sentence shall run consecutively to the
sentence imposed by the court of the other state or the federal
court. That same Illinois court, however, may order that the
Illinois sentence run concurrently with the sentence imposed by
the court of the other state or the federal court, but only if
the defendant applies to that same Illinois court within 30
days after the sentence imposed by the court of the other state
or the federal court is finalized.
(f) Consecutive terms; aggregate maximums and minimums.
The aggregate maximum and aggregate minimum of consecutive
sentences shall be determined as follows:
(1) For sentences imposed under law in effect prior to
February 1, 1978, the aggregate maximum of consecutive
sentences shall not exceed the maximum term authorized
under Section 5-8-1 (730 ILCS 5/5-8-1) or Article 4.5 of
Chapter V for the 2 most serious felonies involved. The
aggregate minimum period of consecutive sentences shall
not exceed the highest minimum term authorized under
Section 5-8-1 (730 ILCS 5/5-8-1) or Article 4.5 of Chapter
V for the 2 most serious felonies involved. When sentenced

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only for misdemeanors, a defendant shall not be
consecutively sentenced to more than the maximum for one
Class A misdemeanor.
(2) For sentences imposed under the law in effect on or
after February 1, 1978, the aggregate of consecutive
sentences for offenses that were committed as part of a
single course of conduct during which there was no
substantial change in the nature of the criminal objective
shall not exceed the sum of the maximum terms authorized
under Article 4.5 of Chapter V Section 5-8-2 (730 ILCS
5/5-8-2) for the 2 most serious felonies involved, but no
such limitation shall apply for offenses that were not
committed as part of a single course of conduct during
which there was no substantial change in the nature of the
criminal objective. When sentenced only for misdemeanors,
a defendant shall not be consecutively sentenced to more
than the maximum for one Class A misdemeanor.
(g) Consecutive terms; manner served. In determining the
manner in which consecutive sentences of imprisonment, one or
more of which is for a felony, will be served, the Department
of Corrections shall treat the defendant as though he or she
had been committed for a single term subject to each of the
following:
(1) The maximum period of a term of imprisonment shall
consist of the aggregate of the maximums of the imposed
indeterminate terms, if any, plus the aggregate of the

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imposed determinate sentences for felonies, plus the
aggregate of the imposed determinate sentences for
misdemeanors, subject to subsection (f) of this Section.
(2) The parole or mandatory supervised release term
shall be as provided in paragraph (e) of Section 5-4.5-50
(730 ILCS 5/5-4.5-50) for the most serious of the offenses
involved.
(3) The minimum period of imprisonment shall be the
aggregate of the minimum and determinate periods of
imprisonment imposed by the court, subject to subsection
(f) of this Section.
(4) The defendant shall be awarded credit against the
aggregate maximum term and the aggregate minimum term of
imprisonment for all time served in an institution since
the commission of the offense or offenses and as a
consequence thereof at the rate specified in Section 3-6-3
(730 ILCS 5/3-6-3).
(Source: P.A. 95-379, eff. 8-23-07; 95-766, eff. 1-1-09;
95-1052, eff. 7-1-09; 96-190, eff. 1-1-10; revised 8-20-09.)
(730 ILCS 5/5-9-1.3) (from Ch. 38, par. 1005-9-1.3)
Sec. 5-9-1.3. Fines for offenses involving theft,
deceptive practices, and offenses against units of local
government or school districts.
(a) When a person has been adjudged guilty of a felony
under Section 16-1, 16D-3, 16D-4, 16D-5, 16D-5.5, 16-9 or 17-1

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of the Criminal Code of 1961, a fine may be levied by the court
in an amount which is the greater of $25,000 or twice the value
of the property which is the subject of the offense.
(b) When a person has been convicted of a felony under
Section 16-1 of the Criminal Code of 1961 and the theft was
committed upon any unit of local government or school district,
or the person has been convicted of any violation of Sections
33C-1 through 33C-4 or Sections 33E-3 through 33E-18 of the
Criminal Code of 1961, a fine may be levied by the court in an
amount that is the greater of $25,000 or treble the value of
the property which is the subject of the offense or loss to the
unit of local government or school district.
(c) All fines imposed under subsection (b) of this Section
shall be distributed as follows:
(1) An amount equal to 30% shall be distributed to the
unit of local government or school district that was the
victim of the offense;
(2) An amount equal to 30% shall be distributed to the
unit of local government whose officers or employees
conducted the investigation into the crimes against the
unit of local government or school district. Amounts
distributed to units of local government shall be used
solely for the enforcement of criminal laws protecting
units of local government or school districts;
(3) An amount equal to 30% shall be distributed to the
State's Attorney of the county in which the prosecution

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resulting in the conviction was instituted. The funds shall
be used solely for the enforcement of criminal laws
protecting units of local government or school districts;
and
(4) An amount equal to 10% shall be distributed to the
circuit court clerk of the county where the prosecution
resulting in the conviction was instituted.
(d) A fine order under subsection (b) of this Section is a
judgment lien in favor of the victim unit of local government
or school district, the State's Attorney of the county where
the violation occurred, the law enforcement agency that
investigated the violation, and the circuit court clerk.
(Source: P.A. 90-800, eff. 1-1-99.)
Section 90. Applicability. This amendatory Act of the 96th
General Assembly shall not be construed to invalidate any
sentence imposed before the effective date of this amendatory
Act of the 96th General Assembly because of the amendatory
changes made by this amendatory Act of the 96th General
Assembly and this amendatory Act shall be applied
prospectively.
Section 95. No acceleration or delay. Where this Act makes
changes in a statute that is represented in this Act by text
that is not yet or no longer in effect (for example, a Section
represented by multiple versions), the use of that text does

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not accelerate or delay the taking effect of (i) the changes
made by this Act or (ii) provisions derived from any other
Public Act.
Section 99. Effective date. This Act takes effect upon
becoming law.