Bill Text: IL HB1053 | 2023-2024 | 103rd General Assembly | Introduced

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Bill Title: Amends the Criminal Code of 2012. Repeals the armed habitual criminal statute. Amends the Unified Code of Corrections. Repeals the general recidivism and habitual criminal provisions of the Code.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-04-19 - Rule 19(a) / Re-referred to Rules Committee [HB1053 Detail]

Download: Illinois-2023-HB1053-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB1053 Introduced , by Rep. Rita Mayfield SYNOPSIS AS INTRODUCED:
30 ILCS 715/3 from Ch. 56 1/2, par. 1703
625 ILCS 5/6-106.1 from Ch. 95 1/2, par. 6-106.1
625 ILCS 5/6-508 from Ch. 95 1/2, par. 6-508
720 ILCS 5/33A-3 from Ch. 38, par. 33A-3
720 ILCS 5/24-1.7 rep.
725 ILCS 5/110-6.1 from Ch. 38, par. 110-6.1
725 ILCS 5/111-3 from Ch. 38, par. 111-3
730 ILCS 5/3-2-2 from Ch. 38, par. 1003-2-2
730 ILCS 5/3-3-3 from Ch. 38, par. 1003-3-3
730 ILCS 5/3-6-3 from Ch. 38, par. 1003-6-3
730 ILCS 5/5-4.5-95 rep.
Amends the Criminal Code of 2012. Repeals the armed habitual criminal statute. Amends the Unified Code of Corrections. Repeals the general recidivism and habitual criminal provisions of the Code. Provides that notwithstanding any provision of law to the contrary, a person convicted before the repeal of the armed habitual criminal statute and the general recidivism and habitual criminal provisions of the Code shall not be eligible for consideration of conditions of parole or mandatory supervised release if any of his or her convictions under those statutes was first degree murder, second degree murder, or any sex offense under the Sex Offenses Article of the Criminal Code of 2012. Amends the Intergovernmental Drug Laws Enforcement Act, the Illinois Vehicle Code, and the Code of Criminal Procedure of 1963 to make conforming changes.
LRB103 00063 RLC 45063 b
A BILL FOR
HB1053 LRB103 00063 RLC 45063 b
AN ACT concerning criminal law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Intergovernmental Drug Laws Enforcement Act
is amended by changing Section 3 as follows:
(30 ILCS 715/3) (from Ch. 56 1/2, par. 1703)
Sec. 3. A Metropolitan Enforcement Group which meets the
minimum criteria established in this Section is eligible to
receive State grants to help defray the costs of operation. To
be eligible a MEG must:
(1) Be established and operating pursuant to
intergovernmental contracts written and executed in
conformity with the Intergovernmental Cooperation Act, and
involve 2 or more units of local government.
(2) Establish a MEG Policy Board composed of an
elected official, or his designee, and the chief law
enforcement officer, or his designee, from each
participating unit of local government to oversee the
operations of the MEG and make such reports to the
Illinois State Police as the Illinois State Police may
require.
(3) Designate a single appropriate elected official of
a participating unit of local government to act as the

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financial officer of the MEG for all participating units
of local government and to receive funds for the operation
of the MEG.
(4) Limit its operations to enforcement of drug laws;
enforcement of Sections 10-9, 24-1, 24-1.1, 24-1.2,
24-1.2-5, 24-1.5, 24-1.7 before the effective date of this
amendatory Act of the 103rd General Assembly, 24-1.8,
24-2.1, 24-2.2, 24-3, 24-3.1, 24-3.2, 24-3.3, 24-3.4,
24-3.5, 24-3.7, 24-3.8, 24-3.9, 24-3A, 24-3B, 24-4, and
24-5 of the Criminal Code of 2012; Sections 2, 3, 6.1, and
14 of the Firearm Owners Identification Card Act; and the
investigation of streetgang related offenses.
(5) Cooperate with the Illinois State Police in order
to assure compliance with this Act and to enable the
Illinois State Police to fulfill its duties under this
Act, and supply the Illinois State Police with all
information the Illinois State Police deems necessary
therefor.
(6) Receive funding of at least 50% of the total
operating budget of the MEG from the participating units
of local government.
(Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21;
102-813, eff. 5-13-22.)
Section 10. The Illinois Vehicle Code is amended by
changing Sections 6-106.1 and 6-508 as follows:

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(625 ILCS 5/6-106.1) (from Ch. 95 1/2, par. 6-106.1)
Sec. 6-106.1. School bus driver permit.
(a) The Secretary of State shall issue a school bus driver
permit to those applicants who have met all the requirements
of the application and screening process under this Section to
insure the welfare and safety of children who are transported
on school buses throughout the State of Illinois. Applicants
shall obtain the proper application required by the Secretary
of State from their prospective or current employer and submit
the completed application to the prospective or current
employer along with the necessary fingerprint submission as
required by the Illinois State Police to conduct fingerprint
based criminal background checks on current and future
information available in the state system and current
information available through the Federal Bureau of
Investigation's system. Applicants who have completed the
fingerprinting requirements shall not be subjected to the
fingerprinting process when applying for subsequent permits or
submitting proof of successful completion of the annual
refresher course. Individuals who on July 1, 1995 (the
effective date of Public Act 88-612) possess a valid school
bus driver permit that has been previously issued by the
appropriate Regional School Superintendent are not subject to
the fingerprinting provisions of this Section as long as the
permit remains valid and does not lapse. The applicant shall

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be required to pay all related application and fingerprinting
fees as established by rule including, but not limited to, the
amounts established by the Illinois State Police and the
Federal Bureau of Investigation to process fingerprint based
criminal background investigations. All fees paid for
fingerprint processing services under this Section shall be
deposited into the State Police Services Fund for the cost
incurred in processing the fingerprint based criminal
background investigations. All other fees paid under this
Section shall be deposited into the Road Fund for the purpose
of defraying the costs of the Secretary of State in
administering this Section. All applicants must:
1. be 21 years of age or older;
2. possess a valid and properly classified driver's
license issued by the Secretary of State;
3. possess a valid driver's license, which has not
been revoked, suspended, or canceled for 3 years
immediately prior to the date of application, or have not
had his or her commercial motor vehicle driving privileges
disqualified within the 3 years immediately prior to the
date of application;
4. successfully pass a written test, administered by
the Secretary of State, on school bus operation, school
bus safety, and special traffic laws relating to school
buses and submit to a review of the applicant's driving
habits by the Secretary of State at the time the written

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test is given;
5. demonstrate ability to exercise reasonable care in
the operation of school buses in accordance with rules
promulgated by the Secretary of State;
6. demonstrate physical fitness to operate school
buses by submitting the results of a medical examination,
including tests for drug use for each applicant not
subject to such testing pursuant to federal law, conducted
by a licensed physician, a licensed advanced practice
registered nurse, or a licensed physician assistant within
90 days of the date of application according to standards
promulgated by the Secretary of State;
7. affirm under penalties of perjury that he or she
has not made a false statement or knowingly concealed a
material fact in any application for permit;
8. have completed an initial classroom course,
including first aid procedures, in school bus driver
safety as promulgated by the Secretary of State; and after
satisfactory completion of said initial course an annual
refresher course; such courses and the agency or
organization conducting such courses shall be approved by
the Secretary of State; failure to complete the annual
refresher course, shall result in cancellation of the
permit until such course is completed;
9. not have been under an order of court supervision
for or convicted of 2 or more serious traffic offenses, as

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defined by rule, within one year prior to the date of
application that may endanger the life or safety of any of
the driver's passengers within the duration of the permit
period;
10. not have been under an order of court supervision
for or convicted of reckless driving, aggravated reckless
driving, driving while under the influence of alcohol,
other drug or drugs, intoxicating compound or compounds or
any combination thereof, or reckless homicide resulting
from the operation of a motor vehicle within 3 years of the
date of application;
11. not have been convicted of committing or
attempting to commit any one or more of the following
offenses: (i) those offenses defined in Sections 8-1,
8-1.2, 9-1, 9-1.2, 9-2, 9-2.1, 9-3, 9-3.2, 9-3.3, 10-1,
10-2, 10-3.1, 10-4, 10-5, 10-5.1, 10-6, 10-7, 10-9,
11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-6.5,
11-6.6, 11-9, 11-9.1, 11-9.1A, 11-9.3, 11-9.4, 11-9.4-1,
11-14, 11-14.1, 11-14.3, 11-14.4, 11-15, 11-15.1, 11-16,
11-17, 11-17.1, 11-18, 11-18.1, 11-19, 11-19.1, 11-19.2,
11-20, 11-20.1, 11-20.1B, 11-20.3, 11-21, 11-22, 11-23,
11-24, 11-25, 11-26, 11-30, 12-2.6, 12-3.05, 12-3.1,
12-3.3, 12-4, 12-4.1, 12-4.2, 12-4.2-5, 12-4.3, 12-4.4,
12-4.5, 12-4.6, 12-4.7, 12-4.9, 12-5.3, 12-6, 12-6.2,
12-7.1, 12-7.3, 12-7.4, 12-7.5, 12-11, 12-13, 12-14,
12-14.1, 12-15, 12-16, 12-21.5, 12-21.6, 12-33, 12C-5,

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12C-10, 12C-20, 12C-30, 12C-45, 16-16, 16-16.1, 18-1,
18-2, 18-3, 18-4, 18-5, 19-6, 20-1, 20-1.1, 20-1.2,
20-1.3, 20-2, 24-1, 24-1.1, 24-1.2, 24-1.2-5, 24-1.6,
24-1.7 before the effective date of this amendatory Act of
the 103rd General Assembly, 24-2.1, 24-3.3, 24-3.5,
24-3.8, 24-3.9, 31A-1.1, 33A-2, and 33D-1, in subsection
(A), clauses (a) and (b), of Section 24-3, and those
offenses contained in Article 29D of the Criminal Code of
1961 or the Criminal Code of 2012; (ii) those offenses
defined in the Cannabis Control Act except those offenses
defined in subsections (a) and (b) of Section 4, and
subsection (a) of Section 5 of the Cannabis Control Act;
(iii) those offenses defined in the Illinois Controlled
Substances Act; (iv) those offenses defined in the
Methamphetamine Control and Community Protection Act; and
(v) any offense committed or attempted in any other state
or against the laws of the United States, which if
committed or attempted in this State would be punishable
as one or more of the foregoing offenses; (vi) the
offenses defined in Section 4.1 and 5.1 of the Wrongs to
Children Act or Section 11-9.1A of the Criminal Code of
1961 or the Criminal Code of 2012; (vii) those offenses
defined in Section 6-16 of the Liquor Control Act of 1934;
and (viii) those offenses defined in the Methamphetamine
Precursor Control Act;
12. not have been repeatedly involved as a driver in

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motor vehicle collisions or been repeatedly convicted of
offenses against laws and ordinances regulating the
movement of traffic, to a degree which indicates lack of
ability to exercise ordinary and reasonable care in the
safe operation of a motor vehicle or disrespect for the
traffic laws and the safety of other persons upon the
highway;
13. not have, through the unlawful operation of a
motor vehicle, caused an accident resulting in the death
of any person;
14. not have, within the last 5 years, been adjudged
to be afflicted with or suffering from any mental
disability or disease;
15. consent, in writing, to the release of results of
reasonable suspicion drug and alcohol testing under
Section 6-106.1c of this Code by the employer of the
applicant to the Secretary of State; and
16. not have been convicted of committing or
attempting to commit within the last 20 years: (i) an
offense defined in subsection (c) of Section 4, subsection
(b) of Section 5, and subsection (a) of Section 8 of the
Cannabis Control Act; or (ii) any offenses in any other
state or against the laws of the United States that, if
committed or attempted in this State, would be punishable
as one or more of the foregoing offenses.
(b) A school bus driver permit shall be valid for a period

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specified by the Secretary of State as set forth by rule. It
shall be renewable upon compliance with subsection (a) of this
Section.
(c) A school bus driver permit shall contain the holder's
driver's license number, legal name, residence address, zip
code, and date of birth, a brief description of the holder and
a space for signature. The Secretary of State may require a
suitable photograph of the holder.
(d) The employer shall be responsible for conducting a
pre-employment interview with prospective school bus driver
candidates, distributing school bus driver applications and
medical forms to be completed by the applicant, and submitting
the applicant's fingerprint cards to the Illinois State Police
that are required for the criminal background investigations.
The employer shall certify in writing to the Secretary of
State that all pre-employment conditions have been
successfully completed including the successful completion of
an Illinois specific criminal background investigation through
the Illinois State Police and the submission of necessary
fingerprints to the Federal Bureau of Investigation for
criminal history information available through the Federal
Bureau of Investigation system. The applicant shall present
the certification to the Secretary of State at the time of
submitting the school bus driver permit application.
(e) Permits shall initially be provisional upon receiving
certification from the employer that all pre-employment

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conditions have been successfully completed, and upon
successful completion of all training and examination
requirements for the classification of the vehicle to be
operated, the Secretary of State shall provisionally issue a
School Bus Driver Permit. The permit shall remain in a
provisional status pending the completion of the Federal
Bureau of Investigation's criminal background investigation
based upon fingerprinting specimens submitted to the Federal
Bureau of Investigation by the Illinois State Police. The
Federal Bureau of Investigation shall report the findings
directly to the Secretary of State. The Secretary of State
shall remove the bus driver permit from provisional status
upon the applicant's successful completion of the Federal
Bureau of Investigation's criminal background investigation.
(f) A school bus driver permit holder shall notify the
employer and the Secretary of State if he or she is issued an
order of court supervision for or convicted in another state
of an offense that would make him or her ineligible for a
permit under subsection (a) of this Section. The written
notification shall be made within 5 days of the entry of the
order of court supervision or conviction. Failure of the
permit holder to provide the notification is punishable as a
petty offense for a first violation and a Class B misdemeanor
for a second or subsequent violation.
(g) Cancellation; suspension; notice and procedure.
(1) The Secretary of State shall cancel a school bus

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driver permit of an applicant whose criminal background
investigation discloses that he or she is not in
compliance with the provisions of subsection (a) of this
Section.
(2) The Secretary of State shall cancel a school bus
driver permit when he or she receives notice that the
permit holder fails to comply with any provision of this
Section or any rule promulgated for the administration of
this Section.
(3) The Secretary of State shall cancel a school bus
driver permit if the permit holder's restricted commercial
or commercial driving privileges are withdrawn or
otherwise invalidated.
(4) The Secretary of State may not issue a school bus
driver permit for a period of 3 years to an applicant who
fails to obtain a negative result on a drug test as
required in item 6 of subsection (a) of this Section or
under federal law.
(5) The Secretary of State shall forthwith suspend a
school bus driver permit for a period of 3 years upon
receiving notice that the holder has failed to obtain a
negative result on a drug test as required in item 6 of
subsection (a) of this Section or under federal law.
(6) The Secretary of State shall suspend a school bus
driver permit for a period of 3 years upon receiving
notice from the employer that the holder failed to perform

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the inspection procedure set forth in subsection (a) or
(b) of Section 12-816 of this Code.
(7) The Secretary of State shall suspend a school bus
driver permit for a period of 3 years upon receiving
notice from the employer that the holder refused to submit
to an alcohol or drug test as required by Section 6-106.1c
or has submitted to a test required by that Section which
disclosed an alcohol concentration of more than 0.00 or
disclosed a positive result on a National Institute on
Drug Abuse five-drug panel, utilizing federal standards
set forth in 49 CFR 40.87.
The Secretary of State shall notify the State
Superintendent of Education and the permit holder's
prospective or current employer that the applicant has (1) has
failed a criminal background investigation or (2) is no longer
eligible for a school bus driver permit; and of the related
cancellation of the applicant's provisional school bus driver
permit. The cancellation shall remain in effect pending the
outcome of a hearing pursuant to Section 2-118 of this Code.
The scope of the hearing shall be limited to the issuance
criteria contained in subsection (a) of this Section. A
petition requesting a hearing shall be submitted to the
Secretary of State and shall contain the reason the individual
feels he or she is entitled to a school bus driver permit. The
permit holder's employer shall notify in writing to the
Secretary of State that the employer has certified the removal

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of the offending school bus driver from service prior to the
start of that school bus driver's next workshift. An employing
school board that fails to remove the offending school bus
driver from service is subject to the penalties defined in
Section 3-14.23 of the School Code. A school bus contractor
who violates a provision of this Section is subject to the
penalties defined in Section 6-106.11.
All valid school bus driver permits issued under this
Section prior to January 1, 1995, shall remain effective until
their expiration date unless otherwise invalidated.
(h) When a school bus driver permit holder who is a service
member is called to active duty, the employer of the permit
holder shall notify the Secretary of State, within 30 days of
notification from the permit holder, that the permit holder
has been called to active duty. Upon notification pursuant to
this subsection, (i) the Secretary of State shall characterize
the permit as inactive until a permit holder renews the permit
as provided in subsection (i) of this Section, and (ii) if a
permit holder fails to comply with the requirements of this
Section while called to active duty, the Secretary of State
shall not characterize the permit as invalid.
(i) A school bus driver permit holder who is a service
member returning from active duty must, within 90 days, renew
a permit characterized as inactive pursuant to subsection (h)
of this Section by complying with the renewal requirements of
subsection (b) of this Section.

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(j) For purposes of subsections (h) and (i) of this
Section:
"Active duty" means active duty pursuant to an executive
order of the President of the United States, an act of the
Congress of the United States, or an order of the Governor.
"Service member" means a member of the Armed Services or
reserve forces of the United States or a member of the Illinois
National Guard.
(k) A private carrier employer of a school bus driver
permit holder, having satisfied the employer requirements of
this Section, shall be held to a standard of ordinary care for
intentional acts committed in the course of employment by the
bus driver permit holder. This subsection (k) shall in no way
limit the liability of the private carrier employer for
violation of any provision of this Section or for the
negligent hiring or retention of a school bus driver permit
holder.
(Source: P.A. 101-458, eff. 1-1-20; 102-168, eff. 7-27-21;
102-299, eff. 8-6-21; 102-538, eff. 8-20-21; revised
10-13-21.)
(625 ILCS 5/6-508) (from Ch. 95 1/2, par. 6-508)
Sec. 6-508. Commercial Driver's License (CDL);
qualification standards.
(a) Testing.
(1) General. No person shall be issued an original or

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renewal CDL unless that person is domiciled in this State
or is applying for a non-domiciled CDL under Sections
6-509 and 6-510 of this Code. The Secretary shall cause to
be administered such tests as the Secretary deems
necessary to meet the requirements of 49 CFR Part 383,
subparts F, G, H, and J.
(1.5) Effective July 1, 2014, no person shall be
issued an original CDL or an upgraded CDL that requires a
skills test unless that person has held a CLP, for a
minimum of 14 calendar days, for the classification of
vehicle and endorsement, if any, for which the person is
seeking a CDL.
(2) Third party testing. The Secretary of State may
authorize a "third party tester", pursuant to 49 CFR
383.75 and 49 CFR 384.228 and 384.229, to administer the
skills test or tests specified by the Federal Motor
Carrier Safety Administration pursuant to the Commercial
Motor Vehicle Safety Act of 1986 and any appropriate
federal rule.
(3)(i) Effective February 7, 2020, unless the person
is exempted by 49 CFR 380.603, no person shall be issued an
original (first time issuance) CDL, an upgraded CDL or a
school bus (S), passenger (P), or hazardous Materials (H)
endorsement unless the person has successfully completed
entry-level driver training (ELDT) taught by a training
provider listed on the federal Training Provider Registry.

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(ii) Persons who obtain a CLP before February 7, 2020
are not required to complete ELDT if the person obtains a
CDL before the CLP or renewed CLP expires.
(iii) Except for persons seeking the H endorsement,
persons must complete the theory and behind-the-wheel
(range and public road) portions of ELDT within one year
of completing the first portion.
(iv) The Secretary shall adopt rules to implement this
subsection.
(b) Waiver of Skills Test. The Secretary of State may
waive the skills test specified in this Section for a driver
applicant for a commercial driver license who meets the
requirements of 49 CFR 383.77. The Secretary of State shall
waive the skills tests specified in this Section for a driver
applicant who has military commercial motor vehicle
experience, subject to the requirements of 49 CFR 383.77.
(b-1) No person shall be issued a CDL unless the person
certifies to the Secretary one of the following types of
driving operations in which he or she will be engaged:
(1) non-excepted interstate;
(2) non-excepted intrastate;
(3) excepted interstate; or
(4) excepted intrastate.
(b-2) (Blank).
(c) Limitations on issuance of a CDL. A CDL shall not be
issued to a person while the person is subject to a

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disqualification from driving a commercial motor vehicle, or
unless otherwise permitted by this Code, while the person's
driver's license is suspended, revoked, or cancelled in any
state, or any territory or province of Canada; nor may a CLP or
CDL be issued to a person who has a CLP or CDL issued by any
other state, or foreign jurisdiction, nor may a CDL be issued
to a person who has an Illinois CLP unless the person first
surrenders all of these licenses or permits. However, a person
may hold an Illinois CLP and an Illinois CDL providing the CLP
is necessary to train or practice for an endorsement or
vehicle classification not present on the current CDL. No CDL
shall be issued to or renewed for a person who does not meet
the requirement of 49 CFR 391.41(b)(11). The requirement may
be met with the aid of a hearing aid.
(c-1) The Secretary may issue a CDL with a school bus
driver endorsement to allow a person to drive the type of bus
described in subsection (d-5) of Section 6-104 of this Code.
The CDL with a school bus driver endorsement may be issued only
to a person meeting the following requirements:
(1) the person has submitted his or her fingerprints
to the Illinois State Police in the form and manner
prescribed by the Illinois State Police. These
fingerprints shall be checked against the fingerprint
records now and hereafter filed in the Illinois State
Police and Federal Bureau of Investigation criminal
history records databases;

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(2) the person has passed a written test, administered
by the Secretary of State, on charter bus operation,
charter bus safety, and certain special traffic laws
relating to school buses determined by the Secretary of
State to be relevant to charter buses, and submitted to a
review of the driver applicant's driving habits by the
Secretary of State at the time the written test is given;
(3) the person has demonstrated physical fitness to
operate school buses by submitting the results of a
medical examination, including tests for drug use; and
(4) the person has not been convicted of committing or
attempting to commit any one or more of the following
offenses: (i) those offenses defined in Sections 8-1.2,
9-1, 9-1.2, 9-2, 9-2.1, 9-3, 9-3.2, 9-3.3, 10-1, 10-2,
10-3.1, 10-4, 10-5, 10-5.1, 10-6, 10-7, 10-9, 11-1.20,
11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-6.5, 11-6.6,
11-9, 11-9.1, 11-9.3, 11-9.4, 11-14, 11-14.1, 11-14.3,
11-14.4, 11-15, 11-15.1, 11-16, 11-17, 11-17.1, 11-18,
11-18.1, 11-19, 11-19.1, 11-19.2, 11-20, 11-20.1,
11-20.1B, 11-20.3, 11-21, 11-22, 11-23, 11-24, 11-25,
11-26, 11-30, 12-2.6, 12-3.1, 12-3.3, 12-4, 12-4.1,
12-4.2, 12-4.2-5, 12-4.3, 12-4.4, 12-4.5, 12-4.6, 12-4.7,
12-4.9, 12-6, 12-6.2, 12-7.1, 12-7.3, 12-7.4, 12-7.5,
12-11, 12-13, 12-14, 12-14.1, 12-15, 12-16, 12-21.5,
12-21.6, 12-33, 12C-5, 12C-10, 12C-20, 12C-30, 12C-45,
16-16, 16-16.1, 18-1, 18-2, 18-3, 18-4, 18-5, 19-6, 20-1,

HB1053 - 19 - LRB103 00063 RLC 45063 b
20-1.1, 20-1.2, 20-1.3, 20-2, 24-1, 24-1.1, 24-1.2,
24-1.2-5, 24-1.6, 24-1.7 before the effective date of this
amendatory Act of the 103rd General Assembly, 24-2.1,
24-3.3, 24-3.5, 24-3.8, 24-3.9, 31A-1, 31A-1.1, 33A-2, and
33D-1, and in subsection (b) of Section 8-1, and in
subdivisions (a)(1), (a)(2), (b)(1), (e)(1), (e)(2),
(e)(3), (e)(4), and (f)(1) of Section 12-3.05, and in
subsection (a) and subsection (b), clause (1), of Section
12-4, and in subsection (A), clauses (a) and (b), of
Section 24-3, and those offenses contained in Article 29D
of the Criminal Code of 1961 or the Criminal Code of 2012;
(ii) those offenses defined in the Cannabis Control Act
except those offenses defined in subsections (a) and (b)
of Section 4, and subsection (a) of Section 5 of the
Cannabis Control Act; (iii) those offenses defined in the
Illinois Controlled Substances Act; (iv) those offenses
defined in the Methamphetamine Control and Community
Protection Act; (v) any offense committed or attempted in
any other state or against the laws of the United States,
which if committed or attempted in this State would be
punishable as one or more of the foregoing offenses; (vi)
the offenses defined in Sections 4.1 and 5.1 of the Wrongs
to Children Act or Section 11-9.1A of the Criminal Code of
1961 or the Criminal Code of 2012; (vii) those offenses
defined in Section 6-16 of the Liquor Control Act of 1934;
and (viii) those offenses defined in the Methamphetamine

HB1053 - 20 - LRB103 00063 RLC 45063 b
Precursor Control Act.
The Illinois State Police shall charge a fee for
conducting the criminal history records check, which shall be
deposited into the State Police Services Fund and may not
exceed the actual cost of the records check.
(c-2) The Secretary shall issue a CDL with a school bus
endorsement to allow a person to drive a school bus as defined
in this Section. The CDL shall be issued according to the
requirements outlined in 49 CFR 383. A person may not operate a
school bus as defined in this Section without a school bus
endorsement. The Secretary of State may adopt rules consistent
with Federal guidelines to implement this subsection (c-2).
(d) (Blank).
(Source: P.A. 101-185, eff. 1-1-20; 102-168, eff. 7-27-21;
102-299, eff. 8-6-21; 102-538, eff. 8-20-21; 102-813, eff.
5-13-22.)
Section 15. The Criminal Code of 2012 is amended by
changing Section 33A-3 as follows:
(720 ILCS 5/33A-3) (from Ch. 38, par. 33A-3)
Sec. 33A-3. Sentence.
(a) Violation of Section 33A-2(a) with a Category I weapon
is a Class X felony for which the defendant shall be sentenced
to a minimum term of imprisonment of 15 years.
(a-5) Violation of Section 33A-2(a) with a Category II

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weapon is a Class X felony for which the defendant shall be
sentenced to a minimum term of imprisonment of 10 years.
(b) Violation of Section 33A-2(a) with a Category III
weapon is a Class 2 felony or the felony classification
provided for the same act while unarmed, whichever permits the
greater penalty. A second or subsequent violation of Section
33A-2(a) with a Category III weapon is a Class 1 felony or the
felony classification provided for the same act while unarmed,
whichever permits the greater penalty.
(b-5) Violation of Section 33A-2(b) with a firearm that is
a Category I or Category II weapon is a Class X felony for
which the defendant shall be sentenced to a minimum term of
imprisonment of 20 years.
(b-10) Violation of Section 33A-2(c) with a firearm that
is a Category I or Category II weapon is a Class X felony for
which the defendant shall be sentenced to a term of
imprisonment of not less than 25 years nor more than 40 years.
(c) Unless sentencing under subsection (a) of Section
5-4.5-95 of the Unified Code of Corrections before the
effective date of this amendatory Act of the 103rd General
Assembly (730 ILCS 5/5-4.5-95) is applicable, any person who
violates subsection (a) or (b) of Section 33A-2 with a
firearm, when that person has been convicted in any state or
federal court of 3 or more of the following offenses: treason,
first degree murder, second degree murder, predatory criminal
sexual assault of a child, aggravated criminal sexual assault,

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criminal sexual assault, robbery, burglary, arson, kidnaping,
aggravated battery resulting in great bodily harm or permanent
disability or disfigurement, a violation of the
Methamphetamine Control and Community Protection Act, or a
violation of Section 401(a) of the Illinois Controlled
Substances Act, when the third offense was committed after
conviction on the second, the second offense was committed
after conviction on the first, and the violation of Section
33A-2 was committed after conviction on the third, shall be
sentenced to a term of imprisonment of not less than 25 years
nor more than 50 years.
(c-5) Except as otherwise provided in paragraph (b-10) or
(c) of this Section, a person who violates Section 33A-2(a)
with a firearm that is a Category I weapon or Section 33A-2(b)
in any school, in any conveyance owned, leased, or contracted
by a school to transport students to or from school or a school
related activity, or on the real property comprising any
school or public park, and where the offense was related to the
activities of an organized gang, shall be sentenced to a term
of imprisonment of not less than the term set forth in
subsection (a) or (b-5) of this Section, whichever is
applicable, and not more than 30 years. For the purposes of
this subsection (c-5), "organized gang" has the meaning
ascribed to it in Section 10 of the Illinois Streetgang
Terrorism Omnibus Prevention Act.
(d) For armed violence based upon a predicate offense

HB1053 - 23 - LRB103 00063 RLC 45063 b
listed in this subsection (d) the court shall enter the
sentence for armed violence to run consecutively to the
sentence imposed for the predicate offense. The offenses
covered by this provision are:
(i) solicitation of murder,
(ii) solicitation of murder for hire,
(iii) heinous battery as described in Section 12-4.1
or subdivision (a)(2) of Section 12-3.05,
(iv) aggravated battery of a senior citizen as
described in Section 12-4.6 or subdivision (a)(4) of
Section 12-3.05,
(v) (blank),
(vi) a violation of subsection (g) of Section 5 of the
Cannabis Control Act,
(vii) cannabis trafficking,
(viii) a violation of subsection (a) of Section 401 of
the Illinois Controlled Substances Act,
(ix) controlled substance trafficking involving a
Class X felony amount of controlled substance under
Section 401 of the Illinois Controlled Substances Act,
(x) calculated criminal drug conspiracy,
(xi) streetgang criminal drug conspiracy, or
(xii) a violation of the Methamphetamine Control and
Community Protection Act.
(Source: P.A. 95-688, eff. 10-23-07; 95-1052, eff. 7-1-09;
96-1551, eff. 7-1-11.)

HB1053 - 24 - LRB103 00063 RLC 45063 b
(720 ILCS 5/24-1.7 rep.)
Section 20. The Criminal Code of 2012 is amended by
repealing Section 24-1.7.
Section 25. The Code of Criminal Procedure of 1963 is
amended by changing Sections 110-6.1 and 111-3 as follows:
(725 ILCS 5/110-6.1) (from Ch. 38, par. 110-6.1)
(Text of Section before amendment by P.A. 101-652)
Sec. 110-6.1. Denial of bail in non-probationable felony
offenses.
(a) Upon verified petition by the State, the court shall
hold a hearing to determine whether bail should be denied to a
defendant who is charged with a felony offense for which a
sentence of imprisonment, without probation, periodic
imprisonment or conditional discharge, is required by law upon
conviction, when it is alleged that the defendant's admission
to bail poses a real and present threat to the physical safety
of any person or persons.
(1) A petition may be filed without prior notice to
the defendant at the first appearance before a judge, or
within the 21 calendar days, except as provided in Section
110-6, after arrest and release of the defendant upon
reasonable notice to defendant; provided that while such
petition is pending before the court, the defendant if

HB1053 - 25 - LRB103 00063 RLC 45063 b
previously released shall not be detained.
(2) The hearing shall be held immediately upon the
defendant's appearance before the court, unless for good
cause shown the defendant or the State seeks a
continuance. A continuance on motion of the defendant may
not exceed 5 calendar days, and a continuance on the
motion of the State may not exceed 3 calendar days. The
defendant may be held in custody during such continuance.
(b) The court may deny bail to the defendant where, after
the hearing, it is determined that:
(1) the proof is evident or the presumption great that
the defendant has committed an offense for which a
sentence of imprisonment, without probation, periodic
imprisonment or conditional discharge, must be imposed by
law as a consequence of conviction, and
(2) the defendant poses a real and present threat to
the physical safety of any person or persons, by conduct
which may include, but is not limited to, a forcible
felony, the obstruction of justice, intimidation, injury,
physical harm, an offense under the Illinois Controlled
Substances Act which is a Class X felony, or an offense
under the Methamphetamine Control and Community Protection
Act which is a Class X felony, and
(3) the court finds that no condition or combination
of conditions set forth in subsection (b) of Section
110-10 of this Article, can reasonably assure the physical

HB1053 - 26 - LRB103 00063 RLC 45063 b
safety of any other person or persons.
(c) Conduct of the hearings.
(1) The hearing on the defendant's culpability and
dangerousness shall be conducted in accordance with the
following provisions:
(A) Information used by the court in its findings
or stated in or offered at such hearing may be by way
of proffer based upon reliable information offered by
the State or by defendant. Defendant has the right to
be represented by counsel, and if he is indigent, to
have counsel appointed for him. Defendant shall have
the opportunity to testify, to present witnesses in
his own behalf, and to cross-examine witnesses if any
are called by the State. The defendant has the right to
present witnesses in his favor. When the ends of
justice so require, the court may exercises its
discretion and compel the appearance of a complaining
witness. The court shall state on the record reasons
for granting a defense request to compel the presence
of a complaining witness. Cross-examination of a
complaining witness at the pretrial detention hearing
for the purpose of impeaching the witness' credibility
is insufficient reason to compel the presence of the
witness. In deciding whether to compel the appearance
of a complaining witness, the court shall be
considerate of the emotional and physical well-being

HB1053 - 27 - LRB103 00063 RLC 45063 b
of the witness. The pre-trial detention hearing is not
to be used for purposes of discovery, and the post
arraignment rules of discovery do not apply. The State
shall tender to the defendant, prior to the hearing,
copies of defendant's criminal history, if any, if
available, and any written or recorded statements and
the substance of any oral statements made by any
person, if relied upon by the State in its petition.
The rules concerning the admissibility of evidence in
criminal trials do not apply to the presentation and
consideration of information at the hearing. At the
trial concerning the offense for which the hearing was
conducted neither the finding of the court nor any
transcript or other record of the hearing shall be
admissible in the State's case in chief, but shall be
admissible for impeachment, or as provided in Section
115-10.1 of this Code, or in a perjury proceeding.
(B) A motion by the defendant to suppress evidence
or to suppress a confession shall not be entertained.
Evidence that proof may have been obtained as the
result of an unlawful search and seizure or through
improper interrogation is not relevant to this state
of the prosecution.
(2) The facts relied upon by the court to support a
finding that the defendant poses a real and present threat
to the physical safety of any person or persons shall be

HB1053 - 28 - LRB103 00063 RLC 45063 b
supported by clear and convincing evidence presented by
the State.
(d) Factors to be considered in making a determination of
dangerousness. The court may, in determining whether the
defendant poses a real and present threat to the physical
safety of any person or persons, consider but shall not be
limited to evidence or testimony concerning:
(1) The nature and circumstances of any offense
charged, including whether the offense is a crime of
violence, involving a weapon.
(2) The history and characteristics of the defendant
including:
(A) Any evidence of the defendant's prior criminal
history indicative of violent, abusive or assaultive
behavior, or lack of such behavior. Such evidence may
include testimony or documents received in juvenile
proceedings, criminal, quasi-criminal, civil
commitment, domestic relations or other proceedings.
(B) Any evidence of the defendant's psychological,
psychiatric or other similar social history which
tends to indicate a violent, abusive, or assaultive
nature, or lack of any such history.
(3) The identity of any person or persons to whose
safety the defendant is believed to pose a threat, and the
nature of the threat;
(4) Any statements made by, or attributed to the

HB1053 - 29 - LRB103 00063 RLC 45063 b
defendant, together with the circumstances surrounding
them;
(5) The age and physical condition of any person
assaulted by the defendant;
(6) Whether the defendant is known to possess or have
access to any weapon or weapons;
(7) Whether, at the time of the current offense or any
other offense or arrest, the defendant was on probation,
parole, aftercare release, mandatory supervised release or
other release from custody pending trial, sentencing,
appeal or completion of sentence for an offense under
federal or state law;
(8) Any other factors, including those listed in
Section 110-5 of this Article deemed by the court to have a
reasonable bearing upon the defendant's propensity or
reputation for violent, abusive or assaultive behavior, or
lack of such behavior.
(e) Detention order. The court shall, in any order for
detention:
(1) briefly summarize the evidence of the defendant's
culpability and its reasons for concluding that the
defendant should be held without bail;
(2) direct that the defendant be committed to the
custody of the sheriff for confinement in the county jail
pending trial;
(3) direct that the defendant be given a reasonable

HB1053 - 30 - LRB103 00063 RLC 45063 b
opportunity for private consultation with counsel, and for
communication with others of his choice by visitation,
mail and telephone; and
(4) direct that the sheriff deliver the defendant as
required for appearances in connection with court
proceedings.
(f) If the court enters an order for the detention of the
defendant pursuant to subsection (e) of this Section, the
defendant shall be brought to trial on the offense for which he
is detained within 90 days after the date on which the order
for detention was entered. If the defendant is not brought to
trial within the 90 day period required by the preceding
sentence, he shall not be held longer without bail. In
computing the 90 day period, the court shall omit any period of
delay resulting from a continuance granted at the request of
the defendant.
(g) Rights of the defendant. Any person shall be entitled
to appeal any order entered under this Section denying bail to
the defendant.
(h) The State may appeal any order entered under this
Section denying any motion for denial of bail.
(i) Nothing in this Section shall be construed as
modifying or limiting in any way the defendant's presumption
of innocence in further criminal proceedings.
(Source: P.A. 98-558, eff. 1-1-14.)

HB1053 - 31 - LRB103 00063 RLC 45063 b
(Text of Section after amendment by P.A. 101-652)
Sec. 110-6.1. Denial of pretrial release.
(a) Upon verified petition by the State, the court shall
hold a hearing and may deny a defendant pretrial release only
if:
(1) the defendant is charged with a forcible felony
offense for which a sentence of imprisonment, without
probation, periodic imprisonment or conditional discharge,
is required by law upon conviction, and it is alleged that
the defendant's pretrial release poses a specific, real
and present threat to any person or the community.;
(2) the defendant is charged with stalking or
aggravated stalking and it is alleged that the defendant's
pretrial pre-trial release poses a real and present threat
to the physical safety of a victim of the alleged offense,
and denial of release is necessary to prevent fulfillment
of the threat upon which the charge is based;
(3) the victim of abuse was a family or household
member as defined by paragraph (6) of Section 103 of the
Illinois Domestic Violence Act of 1986, and the person
charged, at the time of the alleged offense, was subject
to the terms of an order of protection issued under
Section 112A-14 of this Code, or Section 214 of the
Illinois Domestic Violence Act of 1986 or previously was
convicted of a violation of an order of protection under
Section 12-3.4 or 12-30 of the Criminal Code of 1961 or the

HB1053 - 32 - LRB103 00063 RLC 45063 b
Criminal Code of 2012 or a violent crime if the victim was
a family or household member as defined by paragraph (6)
of the Illinois Domestic Violence Act of 1986 at the time
of the offense or a violation of a substantially similar
municipal ordinance or law of this or any other state or
the United States if the victim was a family or household
member as defined by paragraph (6) of Section 103 of the
Illinois Domestic Violence Act of 1986 at the time of the
offense, and it is alleged that the defendant's pretrial
pre-trial release poses a real and present threat to the
physical safety of any person or persons;
(4) the defendant is charged with domestic battery or
aggravated domestic battery under Section 12-3.2 or 12-3.3
of the Criminal Code of 2012 and it is alleged that the
defendant's pretrial release poses a real and present
threat to the physical safety of any person or persons;
(5) the defendant is charged with any offense under
Article 11 of the Criminal Code of 2012, except for
Sections 11-30, 11-35, 11-40, and 11-45 of the Criminal
Code of 2012, or similar provisions of the Criminal Code
of 1961 and it is alleged that the defendant's pretrial
release poses a real and present threat to the physical
safety of any person or persons;
(6) the defendant is charged with any of these
violations under the Criminal Code of 2012 and it is
alleged that the defendant's pretrial releases poses a

HB1053 - 33 - LRB103 00063 RLC 45063 b
real and present threat to the physical safety of any
specifically identifiable person or persons: .
(A) Section 24-1.2 (aggravated discharge of a
firearm);
(B) Section 24-2.5 (aggravated discharge of a
machine gun or a firearm equipped with a device
designed or use for silencing the report of a
firearm);
(C) Section 24-1.5 (reckless discharge of a
firearm);
(D) Section 24-1.7 (armed habitual criminal)
before the effective date of this amendatory Act of
the 103rd General Assembly;
(E) Section 24-2.2 2 (manufacture, sale or
transfer of bullets or shells represented to be armor
piercing bullets, dragon's breath shotgun shells, bolo
shells, or flechette shells);
(F) Section 24-3 (unlawful sale or delivery of
firearms);
(G) Section 24-3.3 (unlawful sale or delivery of
firearms on the premises of any school);
(H) Section 24-34 (unlawful sale of firearms by
liquor license);
(I) Section 24-3.5 ( {unlawful purchase of a
firearm);
(J) Section 24-3A (gunrunning); or

HB1053 - 34 - LRB103 00063 RLC 45063 b
(K) Section on 24-3B (firearms trafficking);
(L) Section 10-9 (b) (involuntary servitude);
(M) Section 10-9 (c) (involuntary sexual servitude
of a minor);
(N) Section 10-9(d) (trafficking in persons);
(O) Non-probationable violations: (i) (unlawful
use or possession of weapons by felons or persons in
the Custody of the Department of Corrections
facilities (Section 24-1.1), (ii) aggravated unlawful
use of a weapon (Section 24-1.6), or (iii) aggravated
possession of a stolen firearm (Section 24-3.9);
(7) the person has a high likelihood of willful flight
to avoid prosecution and is charged with:
(A) Any felony described in Sections (a)(1)
through (a)(5) of this Section; or
(B) A felony offense other than a Class 4 offense.
(b) If the charged offense is a felony, the Court shall
hold a hearing pursuant to Section 109-3 of this Code to
determine whether there is probable cause the defendant has
committed an offense, unless a grand jury has returned a true
bill of indictment against the defendant. If there is a
finding of no probable cause, the defendant shall be released.
No such finding is necessary if the defendant is charged with a
misdemeanor.
(c) Timing of petition.
(1) A petition may be filed without prior notice to

HB1053 - 35 - LRB103 00063 RLC 45063 b
the defendant at the first appearance before a judge, or
within the 21 calendar days, except as provided in Section
110-6, after arrest and release of the defendant upon
reasonable notice to defendant; provided that while such
petition is pending before the court, the defendant if
previously released shall not be detained.
(2) (2) Upon filing, the court shall immediately hold
a hearing on the petition unless a continuance is
requested. If a continuance is requested, the hearing
shall be held within 48 hours of the defendant's first
appearance if the defendant is charged with a Class X,
Class 1, Class 2, or Class 3 felony, and within 24 hours if
the defendant is charged with a Class 4 or misdemeanor
offense. The Court may deny and or grant the request for
continuance. If the court decides to grant the
continuance, the Court retains the discretion to detain or
release the defendant in the time between the filing of
the petition and the hearing.
(d) Contents of petition.
(1) The petition shall be verified by the State and
shall state the grounds upon which it contends the
defendant should be denied pretrial release, including the
identity of the specific person or persons the State
believes the defendant poses a danger to.
(2) Only one petition may be filed under this Section.
(e) Eligibility: All defendants shall be presumed eligible

HB1053 - 36 - LRB103 00063 RLC 45063 b
for pretrial release, and the State shall bear the burden of
proving by clear and convincing evidence that:
(1) the proof is evident or the presumption great that
the defendant has committed an offense listed in
paragraphs (1) through (6) of subsection (a), and
(2) the defendant poses a real and present threat to
the safety of a specific, identifiable person or persons,
by conduct which may include, but is not limited to, a
forcible felony, the obstruction of justice, intimidation,
injury, or abuse as defined by paragraph (1) of Section
103 of the Illinois Domestic Violence Act of 1986, and
(3) no condition or combination of conditions set
forth in subsection (b) of Section 110-10 of this Article
can mitigate the real and present threat to the safety of
any person or persons or the defendant's willful flight.
(f) Conduct of the hearings.
(1) Prior to the hearing the State shall tender to the
defendant copies of defendant's criminal history
available, any written or recorded statements, and the
substance of any oral statements made by any person, if
relied upon by the State in its petition, and any police
reports in the State's Attorney's possession at the time
of the hearing that are required to be disclosed to the
defense under Illinois Supreme Court rules.
(2) The State or defendant may present evidence at the
hearing by way of proffer based upon reliable information.

HB1053 - 37 - LRB103 00063 RLC 45063 b
(3) The defendant has the right to be represented by
counsel, and if he or she is indigent, to have counsel
appointed for him or her. The defendant shall have the
opportunity to testify, to present witnesses on his or her
own behalf, and to cross-examine any witnesses that are
called by the State.
(4) If the defense seeks to call the complaining
witness as a witness in its favor, it shall petition the
court for permission. When the ends of justice so require,
the court may exercise its discretion and compel the
appearance of a complaining witness. The court shall state
on the record reasons for granting a defense request to
compel the presence of a complaining witness. In making a
determination under this Section section, the court shall
state on the record the reason for granting a defense
request to compel the presence of a complaining witness,
and only grant the request if the court finds by clear and
convincing evidence that the defendant will be materially
prejudiced if the complaining witness does not appear.
Cross-examination of a complaining witness at the pretrial
detention hearing for the purpose of impeaching the
witness' credibility is insufficient reason to compel the
presence of the witness. In deciding whether to compel the
appearance of a complaining witness, the court shall be
considerate of the emotional and physical well-being of
the witness. The pretrial pre-trial detention hearing is

HB1053 - 38 - LRB103 00063 RLC 45063 b
not to be used for purposes of discovery, and the post
arraignment rules of discovery do not apply.
(5) The rules concerning the admissibility of evidence
in criminal trials do not apply to the presentation and
consideration of information at the hearing. At the trial
concerning the offense for which the hearing was conducted
neither the finding of the court nor any transcript or
other record of the hearing shall be admissible in the
State's case in chief, but shall be admissible for
impeachment, or as provided in Section 115-10.1 of this
Code, or in a perjury proceeding.
(6) The defendant may not move to suppress evidence or
a confession, however, evidence that proof of the charged
crime may have been the result of an unlawful search or
seizure, or both, or through improper interrogation, is
relevant in assessing the weight of the evidence against
the defendant.
(7) Decisions regarding release, conditions of release
and detention prior trial should be individualized, and no
single factor or standard should be used exclusively to
make a condition or detention decision.
(g) Factors to be considered in making a determination of
dangerousness. The court may, in determining whether the
defendant poses a specific, imminent threat of serious
physical harm to an identifiable person or persons, consider,
but shall not be limited to, evidence or testimony concerning:

HB1053 - 39 - LRB103 00063 RLC 45063 b
(1) The nature and circumstances of any offense
charged, including whether the offense is a crime of
violence, involving a weapon, or a sex offense.
(2) The history and characteristics of the defendant
including:
(A) Any evidence of the defendant's prior criminal
history indicative of violent, abusive or assaultive
behavior, or lack of such behavior. Such evidence may
include testimony or documents received in juvenile
proceedings, criminal, quasi-criminal, civil
commitment, domestic relations, or other proceedings.
(B) Any evidence of the defendant's psychological,
psychiatric or other similar social history which
tends to indicate a violent, abusive, or assaultive
nature, or lack of any such history.
(3) The identity of any person or persons to whose
safety the defendant is believed to pose a threat, and the
nature of the threat. ;
(4) Any statements made by, or attributed to the
defendant, together with the circumstances surrounding
them. ;
(5) The age and physical condition of the defendant. ;
(6) The age and physical condition of any victim or
complaining witness. ;
(7) Whether the defendant is known to possess or have
access to any weapon or weapons. ;

HB1053 - 40 - LRB103 00063 RLC 45063 b
(8) Whether, at the time of the current offense or any
other offense or arrest, the defendant was on probation,
parole, aftercare release, mandatory supervised release or
other release from custody pending trial, sentencing,
appeal or completion of sentence for an offense under
federal or state law. ;
(9) Any other factors, including those listed in
Section 110-5 of this Article deemed by the court to have a
reasonable bearing upon the defendant's propensity or
reputation for violent, abusive, or assaultive behavior,
or lack of such behavior.
(h) Detention order. The court shall, in any order for
detention:
(1) briefly summarize the evidence of the defendant's
guilt or innocence, and the court's reasons for concluding
that the defendant should be denied pretrial release;
(2) direct that the defendant be committed to the
custody of the sheriff for confinement in the county jail
pending trial;
(3) direct that the defendant be given a reasonable
opportunity for private consultation with counsel, and for
communication with others of his or her choice by
visitation, mail and telephone; and
(4) direct that the sheriff deliver the defendant as
required for appearances in connection with court
proceedings.

HB1053 - 41 - LRB103 00063 RLC 45063 b
(i) Detention. If the court enters an order for the
detention of the defendant pursuant to subsection (e) of this
Section, the defendant shall be brought to trial on the
offense for which he is detained within 90 days after the date
on which the order for detention was entered. If the defendant
is not brought to trial within the 90-day 90 day period
required by the preceding sentence, he shall not be denied
pretrial release. In computing the 90-day 90 day period, the
court shall omit any period of delay resulting from a
continuance granted at the request of the defendant.
(j) Rights of the defendant. Any person shall be entitled
to appeal any order entered under this Section denying
pretrial release to the defendant.
(k) Appeal. The State may appeal any order entered under
this Section denying any motion for denial of pretrial
release.
(l) Presumption of innocence. Nothing in this Section
shall be construed as modifying or limiting in any way the
defendant's presumption of innocence in further criminal
proceedings.
(m) Victim notice. (1) Crime victims shall be given notice
by the State's Attorney's office of this hearing as required
in paragraph (1) of subsection (b) of Section 4.5 of the Rights
of Crime Victims and Witnesses Act and shall be informed of
their opportunity at this hearing to obtain an order of
protection under Article 112A of this Code.

HB1053 - 42 - LRB103 00063 RLC 45063 b
(Source: P.A. 101-652, eff. 1-1-23; revised 2-28-22.)
(725 ILCS 5/111-3) (from Ch. 38, par. 111-3)
Sec. 111-3. Form of charge.
(a) A charge shall be in writing and allege the commission
of an offense by:
(1) Stating the name of the offense;
(2) Citing the statutory provision alleged to have
been violated;
(3) Setting forth the nature and elements of the
offense charged;
(4) Stating the date and county of the offense as
definitely as can be done; and
(5) Stating the name of the accused, if known, and if
not known, designate the accused by any name or
description by which he can be identified with reasonable
certainty.
(a-5) If the victim is alleged to have been subjected to an
offense involving an illegal sexual act including, but not
limited to, a sexual offense defined in Article 11 or Section
10-9 of the Criminal Code of 2012, the charge shall state the
identity of the victim by name, initials, or description.
(b) An indictment shall be signed by the foreman of the
Grand Jury and an information shall be signed by the State's
Attorney and sworn to by him or another. A complaint shall be
sworn to and signed by the complainant; provided, that when a

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peace officer observes the commission of a misdemeanor and is
the complaining witness, the signing of the complaint by the
peace officer is sufficient to charge the defendant with the
commission of the offense, and the complaint need not be sworn
to if the officer signing the complaint certifies that the
statements set forth in the complaint are true and correct and
are subject to the penalties provided by law for false
certification under Section 1-109 of the Code of Civil
Procedure and perjury under Section 32-2 of the Criminal Code
of 2012; and further provided, however, that when a citation
is issued on a Uniform Traffic Ticket or Uniform Conservation
Ticket (in a form prescribed by the Conference of Chief
Circuit Judges and filed with the Supreme Court), the copy of
such Uniform Ticket which is filed with the circuit court
constitutes a complaint to which the defendant may plead,
unless he specifically requests that a verified complaint be
filed.
(c) When the State seeks an enhanced sentence because of a
prior conviction, the charge shall also state the intention to
seek an enhanced sentence and shall state such prior
conviction so as to give notice to the defendant. However, the
fact of such prior conviction and the State's intention to
seek an enhanced sentence are not elements of the offense and
may not be disclosed to the jury during trial unless otherwise
permitted by issues properly raised during such trial. For the
purposes of this Section, "enhanced sentence" means a sentence

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which is increased by a prior conviction from one
classification of offense to another higher level
classification of offense set forth in Section 5-4.5-10 of the
Unified Code of Corrections (730 ILCS 5/5-4.5-10); it does not
include an increase in the sentence applied within the same
level of classification of offense.
(c-5) Notwithstanding any other provision of law, in all
cases in which the imposition of the death penalty is not a
possibility, if an alleged fact (other than the fact of a prior
conviction) is not an element of an offense but is sought to be
used to increase the range of penalties for the offense beyond
the statutory maximum that could otherwise be imposed for the
offense, the alleged fact must be included in the charging
instrument or otherwise provided to the defendant through a
written notification before trial, submitted to a trier of
fact as an aggravating factor, and proved beyond a reasonable
doubt. Failure to prove the fact beyond a reasonable doubt is
not a bar to a conviction for commission of the offense, but is
a bar to increasing, based on that fact, the range of penalties
for the offense beyond the statutory maximum that could
otherwise be imposed for that offense. Nothing in this
subsection (c-5) requires the imposition of a sentence that
increases the range of penalties for the offense beyond the
statutory maximum that could otherwise be imposed for the
offense if the imposition of that sentence is not required by
law.

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(d) At any time prior to trial, the State on motion shall
be permitted to amend the charge, whether brought by
indictment, information or complaint, to make the charge
comply with subsection (c) or (c-5) of this Section. Nothing
in Section 103-5 of this Code precludes such an amendment or a
written notification made in accordance with subsection (c-5)
of this Section.
(e) The provisions of subsection (a) of Section 5-4.5-95
of the Unified Code of Corrections before its repeal on the
effective date of this amendatory Act of the 103rd General
Assembly (730 ILCS 5/5-4.5-95) shall not be affected by this
Section.
(Source: P.A. 97-1150, eff. 1-25-13; 98-416, eff. 1-1-14.)
Section 30. The Unified Code of Corrections is amended by
changing Sections 3-2-2, 3-3-3, and 3-6-3 as follows:
(730 ILCS 5/3-2-2) (from Ch. 38, par. 1003-2-2)
Sec. 3-2-2. Powers and duties of the Department.
(1) In addition to the powers, duties, and
responsibilities which are otherwise provided by law, the
Department shall have the following powers:
(a) To accept persons committed to it by the courts of
this State for care, custody, treatment, and
rehabilitation, and to accept federal prisoners and
noncitizens over whom the Office of the Federal Detention

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Trustee is authorized to exercise the federal detention
function for limited purposes and periods of time.
(b) To develop and maintain reception and evaluation
units for purposes of analyzing the custody and
rehabilitation needs of persons committed to it and to
assign such persons to institutions and programs under its
control or transfer them to other appropriate agencies. In
consultation with the Department of Alcoholism and
Substance Abuse (now the Department of Human Services),
the Department of Corrections shall develop a master plan
for the screening and evaluation of persons committed to
its custody who have alcohol or drug abuse problems, and
for making appropriate treatment available to such
persons; the Department shall report to the General
Assembly on such plan not later than April 1, 1987. The
maintenance and implementation of such plan shall be
contingent upon the availability of funds.
(b-1) To create and implement, on January 1, 2002, a
pilot program to establish the effectiveness of
pupillometer technology (the measurement of the pupil's
reaction to light) as an alternative to a urine test for
purposes of screening and evaluating persons committed to
its custody who have alcohol or drug problems. The pilot
program shall require the pupillometer technology to be
used in at least one Department of Corrections facility.
The Director may expand the pilot program to include an

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additional facility or facilities as he or she deems
appropriate. A minimum of 4,000 tests shall be included in
the pilot program. The Department must report to the
General Assembly on the effectiveness of the program by
January 1, 2003.
(b-5) To develop, in consultation with the Illinois
State Police, a program for tracking and evaluating each
inmate from commitment through release for recording his
or her gang affiliations, activities, or ranks.
(c) To maintain and administer all State correctional
institutions and facilities under its control and to
establish new ones as needed. Pursuant to its power to
establish new institutions and facilities, the Department
may, with the written approval of the Governor, authorize
the Department of Central Management Services to enter
into an agreement of the type described in subsection (d)
of Section 405-300 of the Department of Central Management
Services Law. The Department shall designate those
institutions which shall constitute the State Penitentiary
System. The Department of Juvenile Justice shall maintain
and administer all State youth centers pursuant to
subsection (d) of Section 3-2.5-20.
Pursuant to its power to establish new institutions
and facilities, the Department may authorize the
Department of Central Management Services to accept bids
from counties and municipalities for the construction,

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remodeling, or conversion of a structure to be leased to
the Department of Corrections for the purposes of its
serving as a correctional institution or facility. Such
construction, remodeling, or conversion may be financed
with revenue bonds issued pursuant to the Industrial
Building Revenue Bond Act by the municipality or county.
The lease specified in a bid shall be for a term of not
less than the time needed to retire any revenue bonds used
to finance the project, but not to exceed 40 years. The
lease may grant to the State the option to purchase the
structure outright.
Upon receipt of the bids, the Department may certify
one or more of the bids and shall submit any such bids to
the General Assembly for approval. Upon approval of a bid
by a constitutional majority of both houses of the General
Assembly, pursuant to joint resolution, the Department of
Central Management Services may enter into an agreement
with the county or municipality pursuant to such bid.
(c-5) To build and maintain regional juvenile
detention centers and to charge a per diem to the counties
as established by the Department to defray the costs of
housing each minor in a center. In this subsection (c-5),
"juvenile detention center" means a facility to house
minors during pendency of trial who have been transferred
from proceedings under the Juvenile Court Act of 1987 to
prosecutions under the criminal laws of this State in

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accordance with Section 5-805 of the Juvenile Court Act of
1987, whether the transfer was by operation of law or
permissive under that Section. The Department shall
designate the counties to be served by each regional
juvenile detention center.
(d) To develop and maintain programs of control,
rehabilitation, and employment of committed persons within
its institutions.
(d-5) To provide a pre-release job preparation program
for inmates at Illinois adult correctional centers.
(d-10) To provide educational and visitation
opportunities to committed persons within its institutions
through temporary access to content-controlled tablets
that may be provided as a privilege to committed persons
to induce or reward compliance.
(e) To establish a system of supervision and guidance
of committed persons in the community.
(f) To establish in cooperation with the Department of
Transportation to supply a sufficient number of prisoners
for use by the Department of Transportation to clean up
the trash and garbage along State, county, township, or
municipal highways as designated by the Department of
Transportation. The Department of Corrections, at the
request of the Department of Transportation, shall furnish
such prisoners at least annually for a period to be agreed
upon between the Director of Corrections and the Secretary

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of Transportation. The prisoners used on this program
shall be selected by the Director of Corrections on
whatever basis he deems proper in consideration of their
term, behavior and earned eligibility to participate in
such program - where they will be outside of the prison
facility but still in the custody of the Department of
Corrections. Prisoners convicted of first degree murder,
or a Class X felony, or armed violence, or aggravated
kidnapping, or criminal sexual assault, aggravated
criminal sexual abuse or a subsequent conviction for
criminal sexual abuse, or forcible detention, or arson, or
a prisoner adjudged a Habitual Criminal before the
effective date of this amendatory Act of the 103rd General
Assembly shall not be eligible for selection to
participate in such program. The prisoners shall remain as
prisoners in the custody of the Department of Corrections
and such Department shall furnish whatever security is
necessary. The Department of Transportation shall furnish
trucks and equipment for the highway cleanup program and
personnel to supervise and direct the program. Neither the
Department of Corrections nor the Department of
Transportation shall replace any regular employee with a
prisoner.
(g) To maintain records of persons committed to it and
to establish programs of research, statistics, and
planning.

HB1053 - 51 - LRB103 00063 RLC 45063 b
(h) To investigate the grievances of any person
committed to the Department and to inquire into any
alleged misconduct by employees or committed persons; and
for these purposes it may issue subpoenas and compel the
attendance of witnesses and the production of writings and
papers, and may examine under oath any witnesses who may
appear before it; to also investigate alleged violations
of a parolee's or releasee's conditions of parole or
release; and for this purpose it may issue subpoenas and
compel the attendance of witnesses and the production of
documents only if there is reason to believe that such
procedures would provide evidence that such violations
have occurred.
If any person fails to obey a subpoena issued under
this subsection, the Director may apply to any circuit
court to secure compliance with the subpoena. The failure
to comply with the order of the court issued in response
thereto shall be punishable as contempt of court.
(i) To appoint and remove the chief administrative
officers, and administer programs of training and
development of personnel of the Department. Personnel
assigned by the Department to be responsible for the
custody and control of committed persons or to investigate
the alleged misconduct of committed persons or employees
or alleged violations of a parolee's or releasee's
conditions of parole shall be conservators of the peace

HB1053 - 52 - LRB103 00063 RLC 45063 b
for those purposes, and shall have the full power of peace
officers outside of the facilities of the Department in
the protection, arrest, retaking, and reconfining of
committed persons or where the exercise of such power is
necessary to the investigation of such misconduct or
violations. This subsection shall not apply to persons
committed to the Department of Juvenile Justice under the
Juvenile Court Act of 1987 on aftercare release.
(j) To cooperate with other departments and agencies
and with local communities for the development of
standards and programs for better correctional services in
this State.
(k) To administer all moneys and properties of the
Department.
(l) To report annually to the Governor on the
committed persons, institutions, and programs of the
Department.
(l-5) (Blank).
(m) To make all rules and regulations and exercise all
powers and duties vested by law in the Department.
(n) To establish rules and regulations for
administering a system of sentence credits, established in
accordance with Section 3-6-3, subject to review by the
Prisoner Review Board.
(o) To administer the distribution of funds from the
State Treasury to reimburse counties where State penal

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institutions are located for the payment of assistant
state's attorneys' salaries under Section 4-2001 of the
Counties Code.
(p) To exchange information with the Department of
Human Services and the Department of Healthcare and Family
Services for the purpose of verifying living arrangements
and for other purposes directly connected with the
administration of this Code and the Illinois Public Aid
Code.
(q) To establish a diversion program.
The program shall provide a structured environment for
selected technical parole or mandatory supervised release
violators and committed persons who have violated the
rules governing their conduct while in work release. This
program shall not apply to those persons who have
committed a new offense while serving on parole or
mandatory supervised release or while committed to work
release.
Elements of the program shall include, but shall not
be limited to, the following:
(1) The staff of a diversion facility shall
provide supervision in accordance with required
objectives set by the facility.
(2) Participants shall be required to maintain
employment.
(3) Each participant shall pay for room and board

HB1053 - 54 - LRB103 00063 RLC 45063 b
at the facility on a sliding-scale basis according to
the participant's income.
(4) Each participant shall:
(A) provide restitution to victims in
accordance with any court order;
(B) provide financial support to his
dependents; and
(C) make appropriate payments toward any other
court-ordered obligations.
(5) Each participant shall complete community
service in addition to employment.
(6) Participants shall take part in such
counseling, educational, and other programs as the
Department may deem appropriate.
(7) Participants shall submit to drug and alcohol
screening.
(8) The Department shall promulgate rules
governing the administration of the program.
(r) To enter into intergovernmental cooperation
agreements under which persons in the custody of the
Department may participate in a county impact
incarceration program established under Section 3-6038 or
3-15003.5 of the Counties Code.
(r-5) (Blank).
(r-10) To systematically and routinely identify with
respect to each streetgang active within the correctional

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system: (1) each active gang; (2) every existing
inter-gang affiliation or alliance; and (3) the current
leaders in each gang. The Department shall promptly
segregate leaders from inmates who belong to their gangs
and allied gangs. "Segregate" means no physical contact
and, to the extent possible under the conditions and space
available at the correctional facility, prohibition of
visual and sound communication. For the purposes of this
paragraph (r-10), "leaders" means persons who:
(i) are members of a criminal streetgang;
(ii) with respect to other individuals within the
streetgang, occupy a position of organizer,
supervisor, or other position of management or
leadership; and
(iii) are actively and personally engaged in
directing, ordering, authorizing, or requesting
commission of criminal acts by others, which are
punishable as a felony, in furtherance of streetgang
related activity both within and outside of the
Department of Corrections.
"Streetgang", "gang", and "streetgang related" have the
meanings ascribed to them in Section 10 of the Illinois
Streetgang Terrorism Omnibus Prevention Act.
(s) To operate a super-maximum security institution,
in order to manage and supervise inmates who are
disruptive or dangerous and provide for the safety and

HB1053 - 56 - LRB103 00063 RLC 45063 b
security of the staff and the other inmates.
(t) To monitor any unprivileged conversation or any
unprivileged communication, whether in person or by mail,
telephone, or other means, between an inmate who, before
commitment to the Department, was a member of an organized
gang and any other person without the need to show cause or
satisfy any other requirement of law before beginning the
monitoring, except as constitutionally required. The
monitoring may be by video, voice, or other method of
recording or by any other means. As used in this
subdivision (1)(t), "organized gang" has the meaning
ascribed to it in Section 10 of the Illinois Streetgang
Terrorism Omnibus Prevention Act.
As used in this subdivision (1)(t), "unprivileged
conversation" or "unprivileged communication" means a
conversation or communication that is not protected by any
privilege recognized by law or by decision, rule, or order
of the Illinois Supreme Court.
(u) To establish a Women's and Children's Pre-release
Community Supervision Program for the purpose of providing
housing and services to eligible female inmates, as
determined by the Department, and their newborn and young
children.
(u-5) To issue an order, whenever a person committed
to the Department absconds or absents himself or herself,
without authority to do so, from any facility or program

HB1053 - 57 - LRB103 00063 RLC 45063 b
to which he or she is assigned. The order shall be
certified by the Director, the Supervisor of the
Apprehension Unit, or any person duly designated by the
Director, with the seal of the Department affixed. The
order shall be directed to all sheriffs, coroners, and
police officers, or to any particular person named in the
order. Any order issued pursuant to this subdivision
(1)(u-5) shall be sufficient warrant for the officer or
person named in the order to arrest and deliver the
committed person to the proper correctional officials and
shall be executed the same as criminal process.
(u-6) To appoint a point of contact person who shall
receive suggestions, complaints, or other requests to the
Department from visitors to Department institutions or
facilities and from other members of the public.
(v) To do all other acts necessary to carry out the
provisions of this Chapter.
(2) The Department of Corrections shall by January 1,
1998, consider building and operating a correctional facility
within 100 miles of a county of over 2,000,000 inhabitants,
especially a facility designed to house juvenile participants
in the impact incarceration program.
(3) When the Department lets bids for contracts for
medical services to be provided to persons committed to
Department facilities by a health maintenance organization,
medical service corporation, or other health care provider,

HB1053 - 58 - LRB103 00063 RLC 45063 b
the bid may only be let to a health care provider that has
obtained an irrevocable letter of credit or performance bond
issued by a company whose bonds have an investment grade or
higher rating by a bond rating organization.
(4) When the Department lets bids for contracts for food
or commissary services to be provided to Department
facilities, the bid may only be let to a food or commissary
services provider that has obtained an irrevocable letter of
credit or performance bond issued by a company whose bonds
have an investment grade or higher rating by a bond rating
organization.
(5) On and after the date 6 months after August 16, 2013
(the effective date of Public Act 98-488), as provided in the
Executive Order 1 (2012) Implementation Act, all of the
powers, duties, rights, and responsibilities related to State
healthcare purchasing under this Code that were transferred
from the Department of Corrections to the Department of
Healthcare and Family Services by Executive Order 3 (2005) are
transferred back to the Department of Corrections; however,
powers, duties, rights, and responsibilities related to State
healthcare purchasing under this Code that were exercised by
the Department of Corrections before the effective date of
Executive Order 3 (2005) but that pertain to individuals
resident in facilities operated by the Department of Juvenile
Justice are transferred to the Department of Juvenile Justice.
(Source: P.A. 101-235, eff. 1-1-20; 102-350, eff. 8-13-21;

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102-535, eff. 1-1-22; 102-538, eff. 8-20-21; 102-813, eff.
5-13-22; 102-1030, eff. 5-27-22.)
(730 ILCS 5/3-3-3) (from Ch. 38, par. 1003-3-3)
Sec. 3-3-3. Eligibility for parole or release.
(a) Except for those offenders who accept the fixed
release date established by the Prisoner Review Board under
Section 3-3-2.1, every person serving a term of imprisonment
under the law in effect prior to the effective date of this
amendatory Act of 1977 shall be eligible for parole when he or
she has served:
(1) the minimum term of an indeterminate sentence less
time credit for good behavior, or 20 years less time
credit for good behavior, whichever is less; or
(2) 20 years of a life sentence less time credit for
good behavior; or
(3) 20 years or one-third of a determinate sentence,
whichever is less, less time credit for good behavior.
(b) No person sentenced under this amendatory Act of 1977
or who accepts a release date under Section 3-3-2.1 shall be
eligible for parole.
(c) Except for those sentenced to a term of natural life
imprisonment, every person sentenced to imprisonment under
this amendatory Act of 1977 or given a release date under
Section 3-3-2.1 of this Act shall serve the full term of a
determinate sentence less time credit for good behavior and

HB1053 - 60 - LRB103 00063 RLC 45063 b
shall then be released under the mandatory supervised release
provisions of paragraph (d) of Section 5-8-1 of this Code.
(d) No person serving a term of natural life imprisonment
may be paroled or released except through executive clemency.
(d-5) Notwithstanding any provision of law to the
contrary, a person convicted under Section 24-1.7 of the
Criminal Code of 2012 or Section 5-4.5-95 of this Code before
the repeal of those Sections on the effective date of this
amendatory Act of the 103rd General Assembly shall not be
eligible for consideration of conditions of parole or
mandatory supervised release if any of his or her convictions
under those statutes was first degree murder, second degree
murder, or any offense under Article 11 of the Criminal Code of
2012 or the Criminal Code of 1961.
(e) Every person committed to the Department of Juvenile
Justice under the Juvenile Court Act of 1987 and confined in
the State correctional institutions or facilities if such
juvenile has not been tried as an adult shall be eligible for
aftercare release under Section 3-2.5-85 of this Code.
However, if a juvenile has been tried as an adult he or she
shall only be eligible for parole or mandatory supervised
release as an adult under this Section.
(Source: P.A. 98-558, eff. 1-1-14; 99-628, eff. 1-1-17.)
(730 ILCS 5/3-6-3) (from Ch. 38, par. 1003-6-3)
Sec. 3-6-3. Rules and regulations for sentence credit.

HB1053 - 61 - LRB103 00063 RLC 45063 b
(a)(1) The Department of Corrections shall prescribe rules
and regulations for awarding and revoking sentence credit for
persons committed to the Department which shall be subject to
review by the Prisoner Review Board.
(1.5) As otherwise provided by law, sentence credit may be
awarded for the following:
(A) successful completion of programming while in
custody of the Department or while in custody prior to
sentencing;
(B) compliance with the rules and regulations of the
Department; or
(C) service to the institution, service to a
community, or service to the State.
(2) Except as provided in paragraph (4.7) of this
subsection (a), the rules and regulations on sentence credit
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 effective date of Public Act 94-398)
but before the effective date of this amendatory Act of the
103rd General Assembly or with respect to the offenses listed

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in clause (v) of this paragraph (2) committed on or after
August 13, 2007 (the effective date of Public Act 95-134) or
with respect to the offense of aggravated domestic battery
committed on or after July 23, 2010 (the effective date of
Public Act 96-1224) or with respect to the offense of attempt
to commit terrorism committed on or after January 1, 2013 (the
effective date of Public Act 97-990), 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 sentence credit and shall serve
the entire sentence imposed by the court;
(ii) that a prisoner serving a sentence for attempt to
commit terrorism, 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 as described
in Section 12-4.2 or subdivision (e)(1), (e)(2), (e)(3),
or (e)(4) of Section 12-3.05, heinous battery as described
in Section 12-4.1 or subdivision (a)(2) of Section
12-3.05, being an armed habitual criminal before the
effective date of this amendatory Act of the 103rd General
Assembly, aggravated battery of a senior citizen as
described in Section 12-4.6 or subdivision (a)(4) of
Section 12-3.05, or aggravated battery of a child as

HB1053 - 63 - LRB103 00063 RLC 45063 b
described in Section 12-4.3 or subdivision (b)(1) of
Section 12-3.05 shall receive no more than 4.5 days of
sentence 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 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 sentence 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
sentence 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 the Criminal

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Code of 2012, 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 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 sentence credit for each
month of his or her sentence of imprisonment;
(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 sentence credit for each month of his
or her sentence of imprisonment; and
(vii) that a prisoner serving a sentence for
aggravated domestic battery shall receive no more than 4.5
days of sentence 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

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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) or subdivision (a)(2)(vii)
committed on or after July 23, 2010 (the effective date of
Public Act 96-1224), and other than the offense of 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,
and other than the offense of aggravated driving under the
influence of alcohol, other drug or drugs, or intoxicating
compound or compounds, or any combination thereof as defined
in subparagraph (C) of paragraph (1) of subsection (d) of
Section 11-501 of the Illinois Vehicle Code committed on or
after January 1, 2011 (the effective date of Public Act
96-1230), the rules and regulations shall provide that a
prisoner who is serving a term of imprisonment shall receive
one day of sentence credit for each day of his or her sentence
of imprisonment or recommitment under Section 3-3-9. Each day
of sentence 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 sentence credit.

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(2.3) Except as provided in paragraph (4.7) of this
subsection (a), the rules and regulations on sentence credit
shall provide that a prisoner who is serving a sentence for
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
sentence credit for each month of his or her sentence of
imprisonment.
(2.4) Except as provided in paragraph (4.7) of this
subsection (a), the rules and regulations on sentence credit
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
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 sentence credit for each
month of his or her sentence of imprisonment.
(2.5) Except as provided in paragraph (4.7) of this
subsection (a), the rules and regulations on sentence credit
shall provide that a prisoner who is serving a sentence for
aggravated arson committed on or after July 27, 2001 (the

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effective date of Public Act 92-176) shall receive no more
than 4.5 days of sentence credit for each month of his or her
sentence of imprisonment.
(2.6) Except as provided in paragraph (4.7) of this
subsection (a), the rules and regulations on sentence credit
shall provide that a prisoner who is serving a sentence for
aggravated driving under the influence of alcohol, other drug
or drugs, or intoxicating compound or compounds or any
combination thereof as defined in subparagraph (C) of
paragraph (1) of subsection (d) of Section 11-501 of the
Illinois Vehicle Code committed on or after January 1, 2011
(the effective date of Public Act 96-1230) shall receive no
more than 4.5 days of sentence credit for each month of his or
her sentence of imprisonment.
(3) In addition to the sentence credits earned under
paragraphs (2.1), (4), (4.1), (4.2), and (4.7) of this
subsection (a), the rules and regulations shall also provide
that the Director may award up to 180 days of earned sentence
credit for prisoners serving a sentence of incarceration of
less than 5 years, and up to 365 days of earned sentence credit
for prisoners serving a sentence of 5 years or longer. The
Director may grant this credit for good conduct in specific
instances as the Director deems proper. The good conduct may
include, but is not limited to, compliance with the rules and
regulations of the Department, service to the Department,
service to a community, or service to the State.

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Eligible inmates for an award of earned sentence credit
under this paragraph (3) may be selected to receive the credit
at the Director's or his or her designee's sole discretion.
Eligibility for the additional earned sentence credit under
this paragraph (3) may be based on, but is not limited to,
participation in programming offered by the Department as
appropriate for the prisoner based on the results of any
available risk/needs assessment or other relevant assessments
or evaluations administered by the Department using a
validated instrument, the circumstances of the crime,
demonstrated commitment to rehabilitation by a prisoner with a
history of conviction for a forcible felony enumerated in
Section 2-8 of the Criminal Code of 2012, the inmate's
behavior and improvements in disciplinary history while
incarcerated, and the inmate's commitment to rehabilitation,
including participation in programming offered by the
Department.
The Director shall not award sentence credit 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 the earned sentence credit;
(B) has served a minimum of 60 days, or as close to 60

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days as the sentence will allow;
(B-1) has received a risk/needs assessment or other
relevant evaluation or assessment administered by the
Department using a validated instrument; and
(C) has met the eligibility criteria established by
rule for earned sentence credit.
The Director shall determine the form and content of the
written determination required in this subsection.
(3.5) The Department shall provide annual written reports
to the Governor and the General Assembly on the award of earned
sentence credit no later than February 1 of each year. The
Department must publish both reports on its website within 48
hours of transmitting the reports to the Governor and the
General Assembly. The reports must include:
(A) the number of inmates awarded earned sentence
credit;
(B) the average amount of earned sentence credit
awarded;
(C) the holding offenses of inmates awarded earned
sentence credit; and
(D) the number of earned sentence credit revocations.
(4)(A) Except as provided in paragraph (4.7) of this
subsection (a), the rules and regulations shall also provide
that any prisoner who is engaged full-time in substance abuse
programs, correctional industry assignments, educational
programs, work-release programs or activities in accordance

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with Article 13 of Chapter III of this Code, behavior
modification programs, life skills courses, or re-entry
planning provided by the Department under this paragraph (4)
and satisfactorily completes the assigned program as
determined by the standards of the Department, shall receive
one day of sentence credit for each day in which that prisoner
is engaged in the activities described in this paragraph. The
rules and regulations shall also provide that sentence credit
may be provided to an inmate who was held in pre-trial
detention prior to his or her current commitment to the
Department of Corrections and successfully completed a
full-time, 60-day or longer substance abuse program,
educational program, behavior modification program, life
skills course, or re-entry planning provided by the county
department of corrections or county jail. Calculation of this
county program credit shall be done at sentencing as provided
in Section 5-4.5-100 of this Code and shall be included in the
sentencing order. The rules and regulations shall also provide
that sentence credit may be provided to an inmate who is in
compliance with programming requirements in an adult
transition center.
(B) The Department shall award sentence credit under this
paragraph (4) accumulated prior to January 1, 2020 (the
effective date of Public Act 101-440) in an amount specified
in subparagraph (C) of this paragraph (4) to an inmate serving
a sentence for an offense committed prior to June 19, 1998, if

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the Department determines that the inmate is entitled to this
sentence credit, based upon:
(i) documentation provided by the Department that the
inmate engaged in any full-time substance abuse programs,
correctional industry assignments, educational programs,
behavior modification programs, life skills courses, or
re-entry planning provided by the Department under this
paragraph (4) and satisfactorily completed the assigned
program as determined by the standards of the Department
during the inmate's current term of incarceration; or
(ii) the inmate's own testimony in the form of an
affidavit or documentation, or a third party's
documentation or testimony in the form of an affidavit
that the inmate likely engaged in any full-time substance
abuse programs, correctional industry assignments,
educational programs, behavior modification programs, life
skills courses, or re-entry planning provided by the
Department under paragraph (4) and satisfactorily
completed the assigned program as determined by the
standards of the Department during the inmate's current
term of incarceration.
(C) If the inmate can provide documentation that he or she
is entitled to sentence credit under subparagraph (B) in
excess of 45 days of participation in those programs, the
inmate shall receive 90 days of sentence credit. If the inmate
cannot provide documentation of more than 45 days of

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participation in those programs, the inmate shall receive 45
days of sentence credit. In the event of a disagreement
between the Department and the inmate as to the amount of
credit accumulated under subparagraph (B), if the Department
provides documented proof of a lesser amount of days of
participation in those programs, that proof shall control. If
the Department provides no documentary proof, the inmate's
proof as set forth in clause (ii) of subparagraph (B) shall
control as to the amount of sentence credit provided.
(D) If the inmate has been convicted of a sex offense as
defined in Section 2 of the Sex Offender Registration Act,
sentencing credits under subparagraph (B) of this paragraph
(4) shall be awarded by the Department only if the conditions
set forth in paragraph (4.6) of subsection (a) are satisfied.
No inmate serving a term of natural life imprisonment shall
receive sentence credit under subparagraph (B) of this
paragraph (4).
Educational, vocational, substance abuse, behavior
modification programs, life skills courses, re-entry planning,
and correctional industry programs under which sentence credit
may be earned 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 recidivism rate among

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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 rules and
regulations shall provide that a prisoner who has been placed
on a waiting list but is transferred for non-disciplinary
reasons before beginning a program shall receive priority
placement on the waitlist for appropriate programs at the new
facility. 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. The
rules and regulations shall provide that a prisoner who begins
an educational, vocational, substance abuse, work-release
programs or activities in accordance with Article 13 of
Chapter III of this Code, behavior modification program, life
skills course, re-entry planning, or correctional industry
programs but is unable to complete the program due to illness,
disability, transfer, lockdown, or another reason outside of
the prisoner's control shall receive prorated sentence credits
for the days in which the prisoner did participate.
(4.1) Except as provided in paragraph (4.7) of this

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subsection (a), the rules and regulations shall also provide
that an additional 90 days of sentence credit shall be awarded
to any prisoner who passes high school equivalency testing
while the prisoner is committed to the Department of
Corrections. The sentence credit awarded under this paragraph
(4.1) shall be in addition to, and shall not affect, the award
of sentence credit 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 sentence credit provided for in this paragraph shall be
available only to those prisoners who have not previously
earned a high school diploma or a high school equivalency
certificate. If, after an award of the high school equivalency
testing sentence credit has been made, the Department
determines that the prisoner was not eligible, then the award
shall be revoked. The Department may also award 90 days of
sentence credit to any committed person who passed high school
equivalency testing while he or she was held in pre-trial
detention prior to the current commitment to the Department of
Corrections. Except as provided in paragraph (4.7) of this
subsection (a), the rules and regulations shall provide that
an additional 120 days of sentence credit shall be awarded to
any prisoner who obtains an associate degree while the
prisoner is committed to the Department of Corrections,
regardless of the date that the associate degree was obtained,
including if prior to July 1, 2021 (the effective date of

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Public Act 101-652). The sentence credit awarded under this
paragraph (4.1) shall be in addition to, and shall not affect,
the award of sentence credit under any other paragraph of this
Section, but shall also be under the guidelines and
restrictions set forth in paragraph (4) of subsection (a) of
this Section. The sentence credit provided for in this
paragraph (4.1) shall be available only to those prisoners who
have not previously earned an associate degree prior to the
current commitment to the Department of Corrections. If, after
an award of the associate degree sentence credit has been made
and the Department determines that the prisoner was not
eligible, then the award shall be revoked. The Department may
also award 120 days of sentence credit to any committed person
who earned an associate degree while he or she was held in
pre-trial detention prior to the current commitment to the
Department of Corrections.
Except as provided in paragraph (4.7) of this subsection
(a), the rules and regulations shall provide that an
additional 180 days of sentence credit shall be awarded to any
prisoner who obtains a bachelor's degree while the prisoner is
committed to the Department of Corrections. The sentence
credit awarded under this paragraph (4.1) shall be in addition
to, and shall not affect, the award of sentence credit under
any other paragraph of this Section, but shall also be under
the guidelines and restrictions set forth in paragraph (4) of
this subsection (a). The sentence credit provided for in this

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paragraph shall be available only to those prisoners who have
not earned a bachelor's degree prior to the current commitment
to the Department of Corrections. If, after an award of the
bachelor's degree sentence credit has been made, the
Department determines that the prisoner was not eligible, then
the award shall be revoked. The Department may also award 180
days of sentence credit to any committed person who earned a
bachelor's degree while he or she was held in pre-trial
detention prior to the current commitment to the Department of
Corrections.
Except as provided in paragraph (4.7) of this subsection
(a), the rules and regulations shall provide that an
additional 180 days of sentence credit shall be awarded to any
prisoner who obtains a master's or professional degree while
the prisoner is committed to the Department of Corrections.
The sentence credit awarded under this paragraph (4.1) shall
be in addition to, and shall not affect, the award of sentence
credit under any other paragraph of this Section, but shall
also be under the guidelines and restrictions set forth in
paragraph (4) of this subsection (a). The sentence credit
provided for in this paragraph shall be available only to
those prisoners who have not previously earned a master's or
professional degree prior to the current commitment to the
Department of Corrections. If, after an award of the master's
or professional degree sentence credit has been made, the
Department determines that the prisoner was not eligible, then

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the award shall be revoked. The Department may also award 180
days of sentence credit to any committed person who earned a
master's or professional degree while he or she was held in
pre-trial detention prior to the current commitment to the
Department of Corrections.
(4.2) The rules and regulations shall also provide that
any prisoner engaged in self-improvement programs, volunteer
work, or work assignments that are not otherwise eligible
activities under paragraph (4), shall receive up to 0.5 days
of sentence credit for each day in which the prisoner is
engaged in activities described in this paragraph.
(4.5) The rules and regulations on sentence credit 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 sentence
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
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

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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 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 sentence credit under clause
(3) of this subsection (a) at the discretion of the Director.
(4.6) The rules and regulations on sentence credit 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 sentence 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 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 sentence credit at
a rate as the Director shall determine.
(4.7) On or after January 1, 2018 (the effective date of
Public Act 100-3), sentence credit under paragraph (3), (4),
or (4.1) of this subsection (a) may be awarded to a prisoner
who is serving a sentence for an offense described in
paragraph (2), (2.3), (2.4), (2.5), or (2.6) for credit earned

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on or after January 1, 2018 (the effective date of Public Act
100-3); provided, the award of the credits under this
paragraph (4.7) shall not reduce the sentence of the prisoner
to less than the following amounts:
(i) 85% of his or her sentence if the prisoner is
required to serve 85% of his or her sentence; or
(ii) 60% of his or her sentence if the prisoner is
required to serve 75% of his or her sentence, except if the
prisoner is serving a sentence for gunrunning his or her
sentence shall not be reduced to less than 75%.
(iii) 100% of his or her sentence if the prisoner is
required to serve 100% of his or her sentence.
(5) Whenever the Department is to release any inmate
earlier than it otherwise would because of a grant of earned
sentence credit under paragraph (3) of subsection (a) of this
Section 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. The Department
must also make identification information and a recent photo
of the inmate being released accessible on the Internet by
means of a hyperlink labeled "Community Notification of Inmate
Early Release" on the Department's World Wide Web homepage.
The identification information shall include the inmate's:

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name, any known alias, date of birth, physical
characteristics, commitment offense, and county where
conviction was imposed. The identification information shall
be placed on the website within 3 days of the inmate's release
and the information may not be removed until either:
completion of the first year of mandatory supervised release
or return of the inmate to custody of the Department.
(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 sentence credit.
(c) (1) The Department shall prescribe rules and
regulations for revoking sentence credit, including revoking
sentence credit awarded under paragraph (3) of subsection (a)
of this Section. The Department shall prescribe rules and
regulations establishing and requiring the use of a sanctions
matrix for revoking sentence credit. The Department shall
prescribe rules and regulations for suspending or reducing the
rate of accumulation of sentence credit for specific rule
violations, during imprisonment. These rules and regulations
shall provide that no inmate may be penalized more than one
year of sentence credit for any one infraction.
(2) When the Department seeks to revoke, suspend, or
reduce the rate of accumulation of any sentence credits for an
alleged infraction of its rules, it shall bring charges
therefor against the prisoner sought to be so deprived of

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sentence 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, whether from one
infraction or cumulatively from multiple infractions arising
out of a single event, 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 sentence credit. The
Board may subsequently approve the revocation of additional
sentence credit, if the Department seeks to revoke sentence
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 sentence credit within any calendar year
for any prisoner or to increase any penalty beyond the length
requested by the Department.
(3) The Director of the Department of Corrections, in
appropriate cases, may restore sentence credits which have
been revoked, suspended, or reduced. The Department shall
prescribe rules and regulations governing the restoration of
sentence credits. These rules and regulations shall provide
for the automatic restoration of sentence credits following a
period in which the prisoner maintains a record without a
disciplinary violation.
Nothing contained in this Section shall prohibit the
Prisoner Review Board from ordering, pursuant to Section

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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 sentence 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 sentence credit
by bringing charges against the prisoner sought to be deprived
of the sentence 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 sentence
credit at the time of the finding, then the Prisoner Review
Board may revoke all sentence 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

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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
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.

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(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 12-3.4 or 12-30 of the Criminal Code of 1961 or
the Criminal Code of 2012, earlier than it otherwise would
because of a grant of sentence credit, the Department, as a
condition of 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. 101-440, eff. 1-1-20; 101-652, eff. 7-1-21;
102-28, eff. 6-25-21; 102-558, eff. 8-20-21.)
(730 ILCS 5/5-4.5-95 rep.)
Section 35. The Unified Code of Corrections is amended by
repealing Section 5-4.5-95.