Bill Text: IL HB3170 | 2019-2020 | 101st General Assembly | Introduced
Bill Title: Amends the Criminal Code of 2012. Increases the penalty for unlawful use of weapons by selling, manufacturing, purchasing, possessing, or carrying a machine gun, other than in the passenger compartment of a motor vehicle or on one's person if the weapon is loaded, from a Class 2 felony, with a mandatory sentence of not less than 3 years and not more than 7 years imprisonment to a Class 1 felony, with a mandatory sentence of not less than 4 years and not more than 15 years imprisonment. Amends the Unified Code of Corrections. Provides that a person serving a sentence for this violation shall receive no more than 7.5 days sentence credit for each month of his or her sentence of imprisonment (rather than day for day sentence credit).
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2019-03-29 - Rule 19(a) / Re-referred to Rules Committee [HB3170 Detail]
Download: Illinois-2019-HB3170-Introduced.html
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1 | AN ACT concerning criminal law.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Criminal Code of 2012 is amended by changing | ||||||||||||||||||||||||||
5 | Section 24-1 as follows:
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6 | (720 ILCS 5/24-1) (from Ch. 38, par. 24-1)
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7 | Sec. 24-1. Unlawful use of weapons.
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8 | (a) A person commits the offense of unlawful use of weapons | ||||||||||||||||||||||||||
9 | when
he knowingly:
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10 | (1) Sells, manufactures, purchases, possesses or | ||||||||||||||||||||||||||
11 | carries any bludgeon,
black-jack, slung-shot, sand-club, | ||||||||||||||||||||||||||
12 | sand-bag, metal knuckles or other knuckle weapon | ||||||||||||||||||||||||||
13 | regardless of its composition, throwing star,
or any knife, | ||||||||||||||||||||||||||
14 | commonly referred to as a switchblade knife, which has a
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15 | blade that opens automatically by hand pressure applied to | ||||||||||||||||||||||||||
16 | a button,
spring or other device in the handle of the | ||||||||||||||||||||||||||
17 | knife, or a ballistic knife,
which is a device that propels | ||||||||||||||||||||||||||
18 | a knifelike blade as a projectile by means
of a coil | ||||||||||||||||||||||||||
19 | spring, elastic material or compressed gas; or
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20 | (2) Carries or possesses with intent to use the same | ||||||||||||||||||||||||||
21 | unlawfully
against another, a dagger, dirk, billy, | ||||||||||||||||||||||||||
22 | dangerous knife, razor,
stiletto, broken bottle or other | ||||||||||||||||||||||||||
23 | piece of glass, stun gun or taser or
any other dangerous or |
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1 | deadly weapon or instrument of like character; or
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2 | (3) Carries on or about his person or in any vehicle, a | ||||||
3 | tear gas gun
projector or bomb or any object containing | ||||||
4 | noxious liquid gas or
substance, other than an object | ||||||
5 | containing a non-lethal noxious liquid gas
or substance | ||||||
6 | designed solely for personal defense carried by a person 18
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7 | years of age or older; or
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8 | (4) Carries or possesses in any vehicle or concealed on | ||||||
9 | or about his
person except when on his land or in his own | ||||||
10 | abode, legal dwelling, or fixed place of
business, or on | ||||||
11 | the land or in the legal dwelling of another person as an | ||||||
12 | invitee with that person's permission, any pistol, | ||||||
13 | revolver, stun gun or taser or other firearm, except
that
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14 | this subsection (a) (4) does not apply to or affect | ||||||
15 | transportation of weapons
that meet one of the following | ||||||
16 | conditions:
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17 | (i) are broken down in a non-functioning state; or
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18 | (ii) are not immediately accessible; or
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19 | (iii) are unloaded and enclosed in a case, firearm | ||||||
20 | carrying box,
shipping box, or other container by a | ||||||
21 | person who has been issued a currently
valid Firearm | ||||||
22 | Owner's
Identification Card; or | ||||||
23 | (iv) are carried or possessed in accordance with | ||||||
24 | the Firearm Concealed Carry Act by a person who has | ||||||
25 | been issued a currently valid license under the Firearm | ||||||
26 | Concealed Carry Act; or
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1 | (5) Sets a spring gun; or
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2 | (6) Possesses any device or attachment of any kind | ||||||
3 | designed, used or
intended for use in silencing the report | ||||||
4 | of any firearm; or
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5 | (7) Sells, manufactures, purchases, possesses or | ||||||
6 | carries:
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7 | (i) a machine gun, which shall be defined for the | ||||||
8 | purposes of this
subsection as any weapon,
which | ||||||
9 | shoots, is designed to shoot, or can be readily | ||||||
10 | restored to shoot,
automatically more than one shot | ||||||
11 | without manually reloading by a single
function of the | ||||||
12 | trigger, including the frame or receiver
of any such | ||||||
13 | weapon, or sells, manufactures, purchases, possesses, | ||||||
14 | or
carries any combination of parts designed or | ||||||
15 | intended for
use in converting any weapon into a | ||||||
16 | machine gun, or any combination or
parts from which a | ||||||
17 | machine gun can be assembled if such parts are in the
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18 | possession or under the control of a person;
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19 | (ii) any rifle having one or
more barrels less than | ||||||
20 | 16 inches in length or a shotgun having one or more
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21 | barrels less than 18 inches in length or any weapon | ||||||
22 | made from a rifle or
shotgun, whether by alteration, | ||||||
23 | modification, or otherwise, if such a weapon
as | ||||||
24 | modified has an overall length of less than 26 inches; | ||||||
25 | or
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26 | (iii) any
bomb, bomb-shell, grenade, bottle or |
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1 | other container containing an
explosive substance of | ||||||
2 | over one-quarter ounce for like purposes, such
as, but | ||||||
3 | not limited to, black powder bombs and Molotov | ||||||
4 | cocktails or
artillery projectiles; or
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5 | (8) Carries or possesses any firearm, stun gun or taser | ||||||
6 | or other
deadly weapon in any place which is licensed to | ||||||
7 | sell intoxicating
beverages, or at any public gathering | ||||||
8 | held pursuant to a license issued
by any governmental body | ||||||
9 | or any public gathering at which an admission
is charged, | ||||||
10 | excluding a place where a showing, demonstration or lecture
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11 | involving the exhibition of unloaded firearms is | ||||||
12 | conducted.
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13 | This subsection (a)(8) does not apply to any auction or | ||||||
14 | raffle of a firearm
held pursuant to
a license or permit | ||||||
15 | issued by a governmental body, nor does it apply to persons
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16 | engaged
in firearm safety training courses; or
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17 | (9) Carries or possesses in a vehicle or on or about | ||||||
18 | his person any
pistol, revolver, stun gun or taser or | ||||||
19 | firearm or ballistic knife, when
he is hooded, robed or | ||||||
20 | masked in such manner as to conceal his identity; or
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21 | (10) Carries or possesses on or about his person, upon | ||||||
22 | any public street,
alley, or other public lands within the | ||||||
23 | corporate limits of a city, village
or incorporated town, | ||||||
24 | except when an invitee thereon or therein, for the
purpose | ||||||
25 | of the display of such weapon or the lawful commerce in | ||||||
26 | weapons, or
except when on his land or in his own abode, |
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1 | legal dwelling, or fixed place of business, or on the land | ||||||
2 | or in the legal dwelling of another person as an invitee | ||||||
3 | with that person's permission, any
pistol, revolver, stun | ||||||
4 | gun or taser or other firearm, except that this
subsection | ||||||
5 | (a) (10) does not apply to or affect transportation of | ||||||
6 | weapons that
meet one of the following conditions:
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7 | (i) are broken down in a non-functioning state; or
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8 | (ii) are not immediately accessible; or
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9 | (iii) are unloaded and enclosed in a case, firearm | ||||||
10 | carrying box,
shipping box, or other container by a | ||||||
11 | person who has been issued a currently
valid Firearm | ||||||
12 | Owner's
Identification Card; or
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13 | (iv) are carried or possessed in accordance with | ||||||
14 | the Firearm Concealed Carry Act by a person who has | ||||||
15 | been issued a currently valid license under the Firearm | ||||||
16 | Concealed Carry Act. | ||||||
17 | A "stun gun or taser", as used in this paragraph (a) | ||||||
18 | means (i) any device
which is powered by electrical | ||||||
19 | charging units, such as, batteries, and
which fires one or | ||||||
20 | several barbs attached to a length of wire and
which, upon | ||||||
21 | hitting a human, can send out a current capable of | ||||||
22 | disrupting
the person's nervous system in such a manner as | ||||||
23 | to render him incapable of
normal functioning or (ii) any | ||||||
24 | device which is powered by electrical
charging units, such | ||||||
25 | as batteries, and which, upon contact with a human or
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26 | clothing worn by a human, can send out current capable of |
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1 | disrupting
the person's nervous system in such a manner as | ||||||
2 | to render him incapable
of normal functioning; or
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3 | (11) Sells, manufactures or purchases any explosive | ||||||
4 | bullet. For purposes
of this paragraph (a) "explosive | ||||||
5 | bullet" means the projectile portion of
an ammunition | ||||||
6 | cartridge which contains or carries an explosive charge | ||||||
7 | which
will explode upon contact with the flesh of a human | ||||||
8 | or an animal.
"Cartridge" means a tubular metal case having | ||||||
9 | a projectile affixed at the
front thereof and a cap or | ||||||
10 | primer at the rear end thereof, with the
propellant | ||||||
11 | contained in such tube between the projectile and the cap; | ||||||
12 | or
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13 | (12) (Blank); or
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14 | (13) Carries or possesses on or about his or her person | ||||||
15 | while in a building occupied by a unit of government, a | ||||||
16 | billy club, other weapon of like character, or other | ||||||
17 | instrument of like character intended for use as a weapon. | ||||||
18 | For the purposes of this Section, "billy club" means a | ||||||
19 | short stick or club commonly carried by police officers | ||||||
20 | which is either telescopic or constructed of a solid piece | ||||||
21 | of wood or other man-made material. | ||||||
22 | (b) Sentence. A person convicted of a violation of | ||||||
23 | subsection 24-1(a)(1)
through (5), subsection 24-1(a)(10),
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24 | subsection 24-1(a)(11), or subsection 24-1(a)(13) commits a | ||||||
25 | Class A
misdemeanor.
A person convicted of a violation of | ||||||
26 | subsection
24-1(a)(8) or 24-1(a)(9) commits a
Class 4 felony; a |
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1 | person
convicted of a violation of subsection 24-1(a)(6) or | ||||||
2 | 24-1(a)(7)(ii) or (iii)
commits a Class 3 felony. A person | ||||||
3 | convicted of a violation of subsection
24-1(a)(7)(i) commits a | ||||||
4 | Class 1 2 felony and shall be sentenced to a term of | ||||||
5 | imprisonment of not less than 4 3 years and not more than 15 7 | ||||||
6 | years, unless the weapon is possessed in the
passenger | ||||||
7 | compartment of a motor vehicle as defined in Section 1-146 of | ||||||
8 | the
Illinois Vehicle Code, or on the person, while the weapon | ||||||
9 | is loaded, in which
case it shall be a Class X felony. A person | ||||||
10 | convicted of a
second or subsequent violation of subsection | ||||||
11 | 24-1(a)(4), 24-1(a)(8),
24-1(a)(9), or
24-1(a)(10) commits a | ||||||
12 | Class 3 felony. The possession of each weapon in violation of | ||||||
13 | this Section constitutes a single and separate violation.
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14 | (c) Violations in specific places.
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15 | (1) A person who violates subsection 24-1(a)(6) or | ||||||
16 | 24-1(a)(7) (ii) or (iii) in any
school, regardless of the | ||||||
17 | time of day or the time of year, in residential
property | ||||||
18 | owned, operated or managed by a public housing agency or
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19 | leased by
a public housing agency as part of a scattered | ||||||
20 | site or mixed-income
development, in a
public park, in a | ||||||
21 | courthouse, on the real property comprising any school,
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22 | regardless of the
time of day or the time of year, on | ||||||
23 | residential property owned, operated
or
managed by a public | ||||||
24 | housing agency
or leased by a public housing agency as part | ||||||
25 | of a scattered site or
mixed-income development,
on the | ||||||
26 | real property comprising any
public park, on the real |
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1 | property comprising any courthouse, in any conveyance
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2 | owned, leased or contracted by a school to
transport | ||||||
3 | students to or from school or a school related activity, in | ||||||
4 | any conveyance
owned, leased, or contracted by a public | ||||||
5 | transportation agency, or on any
public way within 1,000 | ||||||
6 | feet of the real property comprising any school,
public | ||||||
7 | park, courthouse, public transportation facility, or | ||||||
8 | residential property owned, operated, or managed
by a | ||||||
9 | public housing agency
or leased by a public housing agency | ||||||
10 | as part of a scattered site or
mixed-income development
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11 | commits a Class 2 felony and shall be sentenced to a term | ||||||
12 | of imprisonment of not less than 3 years and not more than | ||||||
13 | 7 years.
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14 | (1.5) A person who violates subsection 24-1(a)(4), | ||||||
15 | 24-1(a)(9), or
24-1(a)(10) in any school, regardless of the | ||||||
16 | time of day or the time of year,
in residential property | ||||||
17 | owned, operated, or managed by a public
housing
agency
or | ||||||
18 | leased by a public housing agency as part of a scattered | ||||||
19 | site or
mixed-income development,
in
a public
park, in a | ||||||
20 | courthouse, on the real property comprising any school, | ||||||
21 | regardless
of the time of day or the time of year, on | ||||||
22 | residential property owned,
operated, or managed by a | ||||||
23 | public housing agency
or leased by a public housing agency | ||||||
24 | as part of a scattered site or
mixed-income development,
on | ||||||
25 | the real property
comprising any public park, on the real | ||||||
26 | property comprising any courthouse, in
any conveyance |
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1 | owned, leased, or contracted by a school to transport | ||||||
2 | students
to or from school or a school related activity, in | ||||||
3 | any conveyance
owned, leased, or contracted by a public | ||||||
4 | transportation agency, or on any public way within
1,000 | ||||||
5 | feet of the real property comprising any school, public | ||||||
6 | park, courthouse,
public transportation facility, or | ||||||
7 | residential property owned, operated, or managed by a | ||||||
8 | public
housing agency
or leased by a public housing agency | ||||||
9 | as part of a scattered site or
mixed-income development
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10 | commits a Class 3 felony.
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11 | (2) A person who violates subsection 24-1(a)(1), | ||||||
12 | 24-1(a)(2), or
24-1(a)(3)
in any school, regardless of the | ||||||
13 | time of day or the time of year, in
residential property | ||||||
14 | owned, operated or managed by a public housing
agency
or | ||||||
15 | leased by a public housing agency as part of a scattered | ||||||
16 | site or
mixed-income development,
in
a public park, in a | ||||||
17 | courthouse, on the real property comprising any school,
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18 | regardless of the time of day or the time of year, on | ||||||
19 | residential property
owned, operated or managed by a public | ||||||
20 | housing agency
or leased by a public housing agency as part | ||||||
21 | of a scattered site or
mixed-income development,
on the | ||||||
22 | real property
comprising any public park, on the real | ||||||
23 | property comprising any courthouse, in
any conveyance | ||||||
24 | owned, leased or contracted by a school to transport | ||||||
25 | students
to or from school or a school related activity, in | ||||||
26 | any conveyance
owned, leased, or contracted by a public |
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1 | transportation agency, or on any public way within
1,000 | ||||||
2 | feet of the real property comprising any school, public | ||||||
3 | park, courthouse,
public transportation facility, or | ||||||
4 | residential property owned, operated, or managed by a | ||||||
5 | public
housing agency or leased by a public housing agency | ||||||
6 | as part of a scattered
site or mixed-income development | ||||||
7 | commits a Class 4 felony. "Courthouse"
means any building | ||||||
8 | that is used by the Circuit, Appellate, or Supreme Court of
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9 | this State for the conduct of official business.
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10 | (3) Paragraphs (1), (1.5), and (2) of this subsection | ||||||
11 | (c) shall not
apply to law
enforcement officers or security | ||||||
12 | officers of such school, college, or
university or to | ||||||
13 | students carrying or possessing firearms for use in | ||||||
14 | training
courses, parades, hunting, target shooting on | ||||||
15 | school ranges, or otherwise with
the consent of school | ||||||
16 | authorities and which firearms are transported unloaded
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17 | enclosed in a suitable case, box, or transportation | ||||||
18 | package.
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19 | (4) For the purposes of this subsection (c), "school" | ||||||
20 | means any public or
private elementary or secondary school, | ||||||
21 | community college, college, or
university.
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22 | (5) For the purposes of this subsection (c), "public | ||||||
23 | transportation agency" means a public or private agency | ||||||
24 | that provides for the transportation or conveyance of
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25 | persons by means available to the general public, except | ||||||
26 | for transportation
by automobiles not used for conveyance |
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1 | of the general public as passengers; and "public | ||||||
2 | transportation facility" means a terminal or other place
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3 | where one may obtain public transportation.
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4 | (d) The presence in an automobile other than a public | ||||||
5 | omnibus of any
weapon, instrument or substance referred to in | ||||||
6 | subsection (a)(7) is
prima facie evidence that it is in the | ||||||
7 | possession of, and is being
carried by, all persons occupying | ||||||
8 | such automobile at the time such
weapon, instrument or | ||||||
9 | substance is found, except under the following
circumstances: | ||||||
10 | (i) if such weapon, instrument or instrumentality is
found upon | ||||||
11 | the person of one of the occupants therein; or (ii) if such
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12 | weapon, instrument or substance is found in an automobile | ||||||
13 | operated for
hire by a duly licensed driver in the due, lawful | ||||||
14 | and proper pursuit of
his trade, then such presumption shall | ||||||
15 | not apply to the driver.
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16 | (e) Exemptions. | ||||||
17 | (1) Crossbows, Common or Compound bows and Underwater
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18 | Spearguns are exempted from the definition of ballistic | ||||||
19 | knife as defined in
paragraph (1) of subsection (a) of this | ||||||
20 | Section. | ||||||
21 | (2) The provision of paragraph (1) of subsection (a) of | ||||||
22 | this Section prohibiting the sale, manufacture, purchase, | ||||||
23 | possession, or carrying of any knife, commonly referred to | ||||||
24 | as a switchblade knife, which has a
blade that opens | ||||||
25 | automatically by hand pressure applied to a button,
spring | ||||||
26 | or other device in the handle of the knife, does not apply |
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1 | to a person who possesses a currently valid Firearm Owner's | ||||||
2 | Identification Card previously issued in his or her name by | ||||||
3 | the Department of State Police or to a person or an entity | ||||||
4 | engaged in the business of selling or manufacturing | ||||||
5 | switchblade knives.
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6 | (Source: P.A. 99-29, eff. 7-10-15; 100-82, eff. 8-11-17.)
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7 | Section 10. The Unified Code of Corrections is amended by | ||||||
8 | changing Section 3-6-3 as follows:
| ||||||
9 | (730 ILCS 5/3-6-3) (from Ch. 38, par. 1003-6-3)
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10 | Sec. 3-6-3. Rules and regulations for sentence credit.
| ||||||
11 | (a)(1) The Department of Corrections shall prescribe rules
| ||||||
12 | and regulations for awarding and revoking sentence credit for | ||||||
13 | persons committed to the Department which shall
be subject to | ||||||
14 | review by the Prisoner Review Board.
| ||||||
15 | (1.5) As otherwise provided by law, sentence credit may be | ||||||
16 | awarded for the following: | ||||||
17 | (A) successful completion of programming while in | ||||||
18 | custody of the Department or while in custody prior to | ||||||
19 | sentencing; | ||||||
20 | (B) compliance with the rules and regulations of the | ||||||
21 | Department; or | ||||||
22 | (C) service to the institution, service to a community, | ||||||
23 | or service to the State. | ||||||
24 | (2) Except as provided in paragraph (4.7) of this |
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| |||||||
1 | subsection (a), the rules and regulations on sentence credit | ||||||
2 | shall provide, with
respect to offenses listed in clause (i), | ||||||
3 | (ii), or (iii) of this paragraph (2) committed on or after June | ||||||
4 | 19, 1998 or with respect to the offense listed in clause (iv) | ||||||
5 | of this paragraph (2) committed on or after June 23, 2005 (the | ||||||
6 | effective date of Public Act 94-71) or with
respect to offense | ||||||
7 | listed in clause (vi)
committed on or after June 1, 2008 (the | ||||||
8 | effective date of Public Act 95-625)
or with respect to the | ||||||
9 | offense of being an armed habitual criminal committed on or | ||||||
10 | after August 2, 2005 (the effective date of Public Act 94-398) | ||||||
11 | or with respect to the offenses listed in clause (v) of this | ||||||
12 | paragraph (2) committed on or after August 13, 2007 (the | ||||||
13 | effective date of Public Act 95-134) or with respect to the | ||||||
14 | offense of aggravated domestic battery committed on or after | ||||||
15 | July 23, 2010 (the effective date of Public Act 96-1224) or | ||||||
16 | with respect to the offense of attempt to commit terrorism | ||||||
17 | committed on or after January 1, 2013 (the effective date of | ||||||
18 | Public Act 97-990) or with respect to the offense of unlawful | ||||||
19 | use of weapons under subparagraph (i) of paragraph (7) of | ||||||
20 | subsection (a) of Section 24-1 of the Criminal Code of 2012 | ||||||
21 | committed on or after the effective date of this amendatory Act | ||||||
22 | of the 101st General Assembly , the following:
| ||||||
23 | (i) that a prisoner who is serving a term of | ||||||
24 | imprisonment for first
degree murder or for the offense of | ||||||
25 | terrorism shall receive no sentence
credit and shall serve | ||||||
26 | the entire
sentence imposed by the court;
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1 | (ii) that a prisoner serving a sentence for attempt to | ||||||
2 | commit terrorism, attempt to commit first
degree murder, | ||||||
3 | solicitation of murder, solicitation of murder for hire,
| ||||||
4 | intentional homicide of an unborn child, predatory | ||||||
5 | criminal sexual assault of a
child, aggravated criminal | ||||||
6 | sexual assault, criminal sexual assault, aggravated
| ||||||
7 | kidnapping, aggravated battery with a firearm as described | ||||||
8 | in Section 12-4.2 or subdivision (e)(1), (e)(2), (e)(3), or | ||||||
9 | (e)(4) of Section 12-3.05, heinous battery as described in | ||||||
10 | Section 12-4.1 or subdivision (a)(2) of Section 12-3.05, | ||||||
11 | being an armed habitual criminal, aggravated
battery of a | ||||||
12 | senior citizen as described in Section 12-4.6 or | ||||||
13 | subdivision (a)(4) of Section 12-3.05, or aggravated | ||||||
14 | battery of a child as described in Section 12-4.3 or | ||||||
15 | subdivision (b)(1) of Section 12-3.05 shall receive no
more | ||||||
16 | than 4.5 days of sentence credit for each month of his or | ||||||
17 | her sentence
of imprisonment;
| ||||||
18 | (iii) that a prisoner serving a sentence
for home | ||||||
19 | invasion, armed robbery, aggravated vehicular hijacking,
| ||||||
20 | aggravated discharge of a firearm, or armed violence with a | ||||||
21 | category I weapon
or category II weapon, when the court
has | ||||||
22 | made and entered a finding, pursuant to subsection (c-1) of | ||||||
23 | Section 5-4-1
of this Code, that the conduct leading to | ||||||
24 | conviction for the enumerated offense
resulted in great | ||||||
25 | bodily harm to a victim, shall receive no more than 4.5 | ||||||
26 | days
of sentence credit for each month of his or her |
| |||||||
| |||||||
1 | sentence of imprisonment;
| ||||||
2 | (iv) that a prisoner serving a sentence for aggravated | ||||||
3 | discharge of a firearm, whether or not the conduct leading | ||||||
4 | to conviction for the offense resulted in great bodily harm | ||||||
5 | to the victim, shall receive no more than 4.5 days of | ||||||
6 | sentence credit for each month of his or her sentence of | ||||||
7 | imprisonment;
| ||||||
8 | (v) that a person serving a sentence for unlawful use | ||||||
9 | of weapons under subparagraph (i) of paragraph (7) of | ||||||
10 | subsection (a) of Section 24-1 of the Criminal Code of | ||||||
11 | 2012, gunrunning, narcotics racketeering, controlled | ||||||
12 | substance trafficking, methamphetamine trafficking, | ||||||
13 | drug-induced homicide, aggravated methamphetamine-related | ||||||
14 | child endangerment, money laundering pursuant to clause | ||||||
15 | (c) (4) or (5) of Section 29B-1 of the Criminal Code of | ||||||
16 | 1961 or the Criminal Code of 2012, or a Class X felony | ||||||
17 | conviction for delivery of a controlled substance, | ||||||
18 | possession of a controlled substance with intent to | ||||||
19 | manufacture or deliver, calculated criminal drug | ||||||
20 | conspiracy, criminal drug conspiracy, street gang criminal | ||||||
21 | drug conspiracy, participation in methamphetamine | ||||||
22 | manufacturing, aggravated participation in methamphetamine | ||||||
23 | manufacturing, delivery of methamphetamine, possession | ||||||
24 | with intent to deliver methamphetamine, aggravated | ||||||
25 | delivery of methamphetamine, aggravated possession with | ||||||
26 | intent to deliver methamphetamine, methamphetamine |
| |||||||
| |||||||
1 | conspiracy when the substance containing the controlled | ||||||
2 | substance or methamphetamine is 100 grams or more shall | ||||||
3 | receive no more than 7.5 days sentence credit for each | ||||||
4 | month of his or her sentence of imprisonment;
| ||||||
5 | (vi)
that a prisoner serving a sentence for a second or | ||||||
6 | subsequent offense of luring a minor shall receive no more | ||||||
7 | than 4.5 days of sentence credit for each month of his or | ||||||
8 | her sentence of imprisonment; and
| ||||||
9 | (vii) that a prisoner serving a sentence for aggravated | ||||||
10 | domestic battery shall receive no more than 4.5 days of | ||||||
11 | sentence credit for each month of his or her sentence of | ||||||
12 | imprisonment. | ||||||
13 | (2.1) For all offenses, other than those enumerated in | ||||||
14 | subdivision (a)(2)(i), (ii), or (iii)
committed on or after | ||||||
15 | June 19, 1998 or subdivision (a)(2)(iv) committed on or after | ||||||
16 | June 23, 2005 (the effective date of Public Act 94-71) or | ||||||
17 | subdivision (a)(2)(v) committed on or after August 13, 2007 | ||||||
18 | (the effective date of Public Act 95-134) (other than the | ||||||
19 | offense of unlawful use of weapons under subparagraph (i) of | ||||||
20 | paragraph (7) of subsection (a) of Section 24-1 of the Criminal | ||||||
21 | Code of 2012)
or subdivision (a)(2)(vi) committed on or after | ||||||
22 | June 1, 2008 (the effective date of Public Act 95-625) or | ||||||
23 | subdivision (a)(2)(vii) committed on or after July 23, 2010 | ||||||
24 | (the effective date of Public Act 96-1224), and other than the | ||||||
25 | offense of aggravated driving under the influence of alcohol, | ||||||
26 | other drug or drugs, or
intoxicating compound or compounds, or |
| |||||||
| |||||||
1 | any combination thereof as defined in
subparagraph (F) of | ||||||
2 | paragraph (1) of subsection (d) of Section 11-501 of the
| ||||||
3 | Illinois Vehicle Code, and other than the offense of aggravated | ||||||
4 | driving under the influence of alcohol,
other drug or drugs, or | ||||||
5 | intoxicating compound or compounds, or any combination
thereof | ||||||
6 | as defined in subparagraph (C) of paragraph (1) of subsection | ||||||
7 | (d) of
Section 11-501 of the Illinois Vehicle Code committed on | ||||||
8 | or after January 1, 2011 (the effective date of Public Act | ||||||
9 | 96-1230) , and other than the offense of unlawful use of weapons | ||||||
10 | under subparagraph (i) of paragraph (7) of subsection (a) of | ||||||
11 | Section 24-1 of the Criminal Code of 2012 committed on or after | ||||||
12 | the effective date of this amendatory Act of the 101st General | ||||||
13 | Assembly ,
the rules and regulations shall
provide that a | ||||||
14 | prisoner who is serving a term of
imprisonment shall receive | ||||||
15 | one day of sentence credit for each day of
his or her sentence | ||||||
16 | of imprisonment or recommitment under Section 3-3-9.
Each day | ||||||
17 | of sentence credit shall reduce by one day the prisoner's | ||||||
18 | period
of imprisonment or recommitment under Section 3-3-9.
| ||||||
19 | (2.2) A prisoner serving a term of natural life | ||||||
20 | imprisonment or a
prisoner who has been sentenced to death | ||||||
21 | shall receive no sentence
credit.
| ||||||
22 | (2.3) Except as provided in paragraph (4.7) of this | ||||||
23 | subsection (a), the rules and regulations on sentence credit | ||||||
24 | shall provide that
a prisoner who is serving a sentence for | ||||||
25 | aggravated driving under the influence of alcohol,
other drug | ||||||
26 | or drugs, or intoxicating compound or compounds, or any |
| |||||||
| |||||||
1 | combination
thereof as defined in subparagraph (F) of paragraph | ||||||
2 | (1) of subsection (d) of
Section 11-501 of the Illinois Vehicle | ||||||
3 | Code, shall receive no more than 4.5
days of sentence credit | ||||||
4 | for each month of his or her sentence of
imprisonment.
| ||||||
5 | (2.4) Except as provided in paragraph (4.7) of this | ||||||
6 | subsection (a), the rules and regulations on sentence credit | ||||||
7 | shall provide with
respect to the offenses of aggravated | ||||||
8 | battery with a machine gun or a firearm
equipped with any | ||||||
9 | device or attachment designed or used for silencing the
report | ||||||
10 | of a firearm or aggravated discharge of a machine gun or a | ||||||
11 | firearm
equipped with any device or attachment designed or used | ||||||
12 | for silencing the
report of a firearm, committed on or after
| ||||||
13 | July 15, 1999 (the effective date of Public Act 91-121),
that a | ||||||
14 | prisoner serving a sentence for any of these offenses shall | ||||||
15 | receive no
more than 4.5 days of sentence credit for each month | ||||||
16 | of his or her sentence
of imprisonment.
| ||||||
17 | (2.5) Except as provided in paragraph (4.7) of this | ||||||
18 | subsection (a), the rules and regulations on sentence credit | ||||||
19 | shall provide that a
prisoner who is serving a sentence for | ||||||
20 | aggravated arson committed on or after
July 27, 2001 (the | ||||||
21 | effective date of Public Act 92-176) shall receive no more than
| ||||||
22 | 4.5 days of sentence credit for each month of his or her | ||||||
23 | sentence of
imprisonment.
| ||||||
24 | (2.6) Except as provided in paragraph (4.7) of this | ||||||
25 | subsection (a), the rules and regulations on sentence credit | ||||||
26 | shall provide that a
prisoner who is serving a sentence for |
| |||||||
| |||||||
1 | aggravated driving under the influence of alcohol,
other drug | ||||||
2 | or drugs, or intoxicating compound or compounds or any | ||||||
3 | combination
thereof as defined in subparagraph (C) of paragraph | ||||||
4 | (1) of subsection (d) of
Section 11-501 of the Illinois Vehicle | ||||||
5 | Code committed on or after January 1, 2011 (the effective date | ||||||
6 | of Public Act 96-1230) shall receive no more than 4.5
days of | ||||||
7 | sentence credit for each month of his or her sentence of
| ||||||
8 | imprisonment. | ||||||
9 | (3) In addition to the sentence credits earned under | ||||||
10 | paragraphs (2.1), (4), (4.1), and (4.7) of this subsection (a), | ||||||
11 | the rules and regulations shall also provide that
the Director | ||||||
12 | may award up to 180 days of earned sentence
credit for good | ||||||
13 | conduct in specific instances as the
Director deems proper. The | ||||||
14 | good conduct may include, but is not limited to, compliance | ||||||
15 | with the rules and regulations of the Department, service to | ||||||
16 | the Department, service to a community, or service to the | ||||||
17 | State.
| ||||||
18 | Eligible inmates for an award of earned sentence credit | ||||||
19 | under
this paragraph (3) may be selected to receive the credit | ||||||
20 | at
the Director's or his or her designee's sole discretion.
| ||||||
21 | Eligibility for the additional earned sentence credit under | ||||||
22 | this paragraph (3) shall be based on, but is not limited to, | ||||||
23 | the results of any available risk/needs assessment or other | ||||||
24 | relevant assessments or evaluations administered by the | ||||||
25 | Department using a validated instrument, the circumstances of | ||||||
26 | the crime, any history of conviction for a forcible felony |
| |||||||
| |||||||
1 | enumerated in Section 2-8 of the Criminal Code of 2012, the | ||||||
2 | inmate's behavior and disciplinary history while incarcerated, | ||||||
3 | and the inmate's commitment to rehabilitation, including | ||||||
4 | participation in programming offered by the Department. | ||||||
5 | The Director shall not award sentence credit under this | ||||||
6 | paragraph (3) to an inmate unless the inmate has served a | ||||||
7 | minimum of 60 days of the sentence; except nothing in this | ||||||
8 | paragraph shall be construed to permit the Director to extend | ||||||
9 | an inmate's sentence beyond that which was imposed by the | ||||||
10 | court. Prior to awarding credit under this paragraph (3), the | ||||||
11 | Director shall make a written determination that the inmate: | ||||||
12 | (A) is eligible for the earned sentence credit; | ||||||
13 | (B) has served a minimum of 60 days, or as close to 60 | ||||||
14 | days as the sentence will allow; | ||||||
15 | (B-1) has received a risk/needs assessment or other | ||||||
16 | relevant evaluation or assessment administered by the | ||||||
17 | Department using a validated instrument; and | ||||||
18 | (C) has met the eligibility criteria established by | ||||||
19 | rule for earned sentence credit. | ||||||
20 | The Director shall determine the form and content of the | ||||||
21 | written determination required in this subsection. | ||||||
22 | (3.5) The Department shall provide annual written reports | ||||||
23 | to the Governor and the General Assembly on the award of earned | ||||||
24 | sentence credit no later than February 1 of each year. The | ||||||
25 | Department must publish both reports on its website within 48 | ||||||
26 | hours of transmitting the reports to the Governor and the |
| |||||||
| |||||||
1 | General Assembly. The reports must include: | ||||||
2 | (A) the number of inmates awarded earned sentence | ||||||
3 | credit; | ||||||
4 | (B) the average amount of earned sentence credit | ||||||
5 | awarded; | ||||||
6 | (C) the holding offenses of inmates awarded earned | ||||||
7 | sentence credit; and | ||||||
8 | (D) the number of earned sentence credit revocations. | ||||||
9 | (4) Except as provided in paragraph (4.7) of this | ||||||
10 | subsection (a), the rules and regulations shall also provide | ||||||
11 | that the sentence
credit accumulated and retained under | ||||||
12 | paragraph (2.1) of subsection (a) of
this Section by any inmate | ||||||
13 | during specific periods of time in which such
inmate is engaged | ||||||
14 | full-time in substance abuse programs, correctional
industry | ||||||
15 | assignments, educational programs, behavior modification | ||||||
16 | programs, life skills courses, or re-entry planning provided by | ||||||
17 | the Department
under this paragraph (4) and satisfactorily | ||||||
18 | completes the assigned program as
determined by the standards | ||||||
19 | of the Department, shall be multiplied by a factor
of 1.25 for | ||||||
20 | program participation before August 11, 1993
and 1.50 for | ||||||
21 | program participation on or after that date.
The rules and | ||||||
22 | regulations shall also provide that sentence credit, subject to | ||||||
23 | the same offense limits and multiplier provided in this | ||||||
24 | paragraph, may be provided to an inmate who was held in | ||||||
25 | pre-trial detention prior to his or her current commitment to | ||||||
26 | the Department of Corrections and successfully completed a |
| |||||||
| |||||||
1 | full-time, 60-day or longer substance abuse program, | ||||||
2 | educational program, behavior modification program, life | ||||||
3 | skills course, or re-entry planning provided by the county | ||||||
4 | department of corrections or county jail. Calculation of this | ||||||
5 | county program credit shall be done at sentencing as provided | ||||||
6 | in Section 5-4.5-100 of this Code and shall be included in the | ||||||
7 | sentencing order. However, no inmate shall be eligible for the | ||||||
8 | additional sentence credit
under this paragraph (4) or (4.1) of | ||||||
9 | this subsection (a) while assigned to a boot camp
or electronic | ||||||
10 | detention.
| ||||||
11 | Educational, vocational, substance abuse, behavior | ||||||
12 | modification programs, life skills courses, re-entry planning, | ||||||
13 | and correctional
industry programs under which sentence credit | ||||||
14 | may be increased under
this paragraph (4) and paragraph (4.1) | ||||||
15 | of this subsection (a) shall be evaluated by the Department on | ||||||
16 | the basis of
documented standards. The Department shall report | ||||||
17 | the results of these
evaluations to the Governor and the | ||||||
18 | General Assembly by September 30th of each
year. The reports | ||||||
19 | shall include data relating to the recidivism rate among
| ||||||
20 | program participants.
| ||||||
21 | Availability of these programs shall be subject to the
| ||||||
22 | limits of fiscal resources appropriated by the General Assembly | ||||||
23 | for these
purposes. Eligible inmates who are denied immediate | ||||||
24 | admission shall be
placed on a waiting list under criteria | ||||||
25 | established by the Department.
The inability of any inmate to | ||||||
26 | become engaged in any such programs
by reason of insufficient |
| |||||||
| |||||||
1 | program resources or for any other reason
established under the | ||||||
2 | rules and regulations of the Department shall not be
deemed a | ||||||
3 | cause of action under which the Department or any employee or
| ||||||
4 | agent of the Department shall be liable for damages to the | ||||||
5 | inmate.
| ||||||
6 | (4.1) Except as provided in paragraph (4.7) of this | ||||||
7 | subsection (a), the rules and regulations shall also provide | ||||||
8 | that an additional 90 days of sentence credit shall be awarded | ||||||
9 | to any prisoner who passes high school equivalency testing | ||||||
10 | while the prisoner is committed to the Department of | ||||||
11 | Corrections. The sentence credit awarded under this paragraph | ||||||
12 | (4.1) shall be in addition to, and shall not affect, the award | ||||||
13 | of sentence credit under any other paragraph of this Section, | ||||||
14 | but shall also be pursuant to the guidelines and restrictions | ||||||
15 | set forth in paragraph (4) of subsection (a) of this Section.
| ||||||
16 | The sentence credit provided for in this paragraph shall be | ||||||
17 | available only to those prisoners who have not previously | ||||||
18 | earned a high school diploma or a high school equivalency | ||||||
19 | certificate. If, after an award of the high school equivalency | ||||||
20 | testing sentence credit has been made, the Department | ||||||
21 | determines that the prisoner was not eligible, then the award | ||||||
22 | shall be revoked.
The Department may also award 90 days of | ||||||
23 | sentence credit to any committed person who passed high school | ||||||
24 | equivalency testing while he or she was held in pre-trial | ||||||
25 | detention prior to the current commitment to the Department of | ||||||
26 | Corrections. |
| |||||||
| |||||||
1 | (4.5) The rules and regulations on sentence credit shall | ||||||
2 | also provide that
when the court's sentencing order recommends | ||||||
3 | a prisoner for substance abuse treatment and the
crime was | ||||||
4 | committed on or after September 1, 2003 (the effective date of
| ||||||
5 | Public Act 93-354), the prisoner shall receive no sentence | ||||||
6 | credit awarded under clause (3) of this subsection (a) unless | ||||||
7 | he or she participates in and
completes a substance abuse | ||||||
8 | treatment program. The Director may waive the requirement to | ||||||
9 | participate in or complete a substance abuse treatment program | ||||||
10 | in specific instances if the prisoner is not a good candidate | ||||||
11 | for a substance abuse treatment program for medical, | ||||||
12 | programming, or operational reasons. Availability of
substance | ||||||
13 | abuse treatment shall be subject to the limits of fiscal | ||||||
14 | resources
appropriated by the General Assembly for these | ||||||
15 | purposes. If treatment is not
available and the requirement to | ||||||
16 | participate and complete the treatment has not been waived by | ||||||
17 | the Director, the prisoner shall be placed on a waiting list | ||||||
18 | under criteria
established by the Department. The Director may | ||||||
19 | allow a prisoner placed on
a waiting list to participate in and | ||||||
20 | complete a substance abuse education class or attend substance
| ||||||
21 | abuse self-help meetings in lieu of a substance abuse treatment | ||||||
22 | program. A prisoner on a waiting list who is not placed in a | ||||||
23 | substance abuse program prior to release may be eligible for a | ||||||
24 | waiver and receive sentence credit under clause (3) of this | ||||||
25 | subsection (a) at the discretion of the Director.
| ||||||
26 | (4.6) The rules and regulations on sentence credit shall |
| |||||||
| |||||||
1 | also provide that a prisoner who has been convicted of a sex | ||||||
2 | offense as defined in Section 2 of the Sex Offender | ||||||
3 | Registration Act shall receive no sentence credit unless he or | ||||||
4 | she either has successfully completed or is participating in | ||||||
5 | sex offender treatment as defined by the Sex Offender | ||||||
6 | Management Board. However, prisoners who are waiting to receive | ||||||
7 | treatment, but who are unable to do so due solely to the lack | ||||||
8 | of resources on the part of the Department, may, at the | ||||||
9 | Director's sole discretion, be awarded sentence credit at a | ||||||
10 | rate as the Director shall determine. | ||||||
11 | (4.7) On or after the effective date of this amendatory Act | ||||||
12 | of the 100th General Assembly, sentence credit under paragraph | ||||||
13 | (3), (4), or (4.1) of this subsection (a) may be awarded to a | ||||||
14 | prisoner who is serving a sentence for an offense described in | ||||||
15 | paragraph (2), (2.3), (2.4), (2.5), or (2.6) for credit earned | ||||||
16 | on or after the effective date of this amendatory Act of the | ||||||
17 | 100th General Assembly; provided, the award of the credits | ||||||
18 | under this paragraph (4.7) shall not reduce the sentence of the | ||||||
19 | prisoner to less than the following amounts: | ||||||
20 | (i) 85% of his or her sentence if the prisoner is | ||||||
21 | required to serve 85% of his or her sentence; or | ||||||
22 | (ii) 60% of his or her sentence if the prisoner is | ||||||
23 | required to serve 75% of his or her sentence, except if the | ||||||
24 | prisoner is serving a sentence for gunrunning his or her | ||||||
25 | sentence shall not be reduced to less than 75%. | ||||||
26 | This paragraph (4.7) shall not apply to a prisoner serving |
| |||||||
| |||||||
1 | a sentence for an offense described in subparagraph (i) of | ||||||
2 | paragraph (2) of this subsection (a). | ||||||
3 | (5) Whenever the Department is to release any inmate | ||||||
4 | earlier than it
otherwise would because of a grant of earned | ||||||
5 | sentence credit under paragraph (3) of subsection (a) of this | ||||||
6 | Section given at any time during the term, the Department shall | ||||||
7 | give
reasonable notice of the impending release not less than | ||||||
8 | 14 days prior to the date of the release to the State's
| ||||||
9 | Attorney of the county where the prosecution of the inmate took | ||||||
10 | place, and if applicable, the State's Attorney of the county | ||||||
11 | into which the inmate will be released. The Department must | ||||||
12 | also make identification information and a recent photo of the | ||||||
13 | inmate being released accessible on the Internet by means of a | ||||||
14 | hyperlink labeled "Community Notification of Inmate Early | ||||||
15 | Release" on the Department's World Wide Web homepage.
The | ||||||
16 | identification information shall include the inmate's: name, | ||||||
17 | any known alias, date of birth, physical characteristics, | ||||||
18 | commitment offense and county where conviction was imposed. The | ||||||
19 | identification information shall be placed on the website | ||||||
20 | within 3 days of the inmate's release and the information may | ||||||
21 | not be removed until either: completion of the first year of | ||||||
22 | mandatory supervised release or return of the inmate to custody | ||||||
23 | of the Department.
| ||||||
24 | (b) Whenever a person is or has been committed under
| ||||||
25 | several convictions, with separate sentences, the sentences
| ||||||
26 | shall be construed under Section 5-8-4 in granting and
|
| |||||||
| |||||||
1 | forfeiting of sentence credit.
| ||||||
2 | (c) The Department shall prescribe rules and regulations
| ||||||
3 | for revoking sentence credit, including revoking sentence | ||||||
4 | credit awarded under paragraph (3) of subsection (a) of this | ||||||
5 | Section. The Department shall prescribe rules and regulations | ||||||
6 | for suspending or reducing
the rate of accumulation of sentence | ||||||
7 | credit for specific
rule violations, during imprisonment. | ||||||
8 | These rules and regulations
shall provide that no inmate may be | ||||||
9 | penalized more than one
year of sentence credit for any one | ||||||
10 | infraction.
| ||||||
11 | When the Department seeks to revoke, suspend or reduce
the | ||||||
12 | rate of accumulation of any sentence credits for
an alleged | ||||||
13 | infraction of its rules, it shall bring charges
therefor | ||||||
14 | against the prisoner sought to be so deprived of
sentence | ||||||
15 | credits before the Prisoner Review Board as
provided in | ||||||
16 | subparagraph (a)(4) of Section 3-3-2 of this
Code, if the | ||||||
17 | amount of credit at issue exceeds 30 days or
when during any 12 | ||||||
18 | month period, the cumulative amount of
credit revoked exceeds | ||||||
19 | 30 days except where the infraction is committed
or discovered | ||||||
20 | within 60 days of scheduled release. In those cases,
the | ||||||
21 | Department of Corrections may revoke up to 30 days of sentence | ||||||
22 | credit.
The Board may subsequently approve the revocation of | ||||||
23 | additional sentence credit, if the Department seeks to revoke | ||||||
24 | sentence credit in
excess of 30 days. However, the Board shall | ||||||
25 | not be empowered to review the
Department's decision with | ||||||
26 | respect to the loss of 30 days of sentence
credit within any |
| |||||||
| |||||||
1 | calendar year for any prisoner or to increase any penalty
| ||||||
2 | beyond the length requested by the Department.
| ||||||
3 | The Director of the Department of Corrections, in | ||||||
4 | appropriate cases, may
restore up to 30 days of sentence | ||||||
5 | credits which have been revoked, suspended
or reduced. Any | ||||||
6 | restoration of sentence credits in excess of 30 days shall
be | ||||||
7 | subject to review by the Prisoner Review Board. However, the | ||||||
8 | Board may not
restore sentence credit in excess of the amount | ||||||
9 | requested by the Director.
| ||||||
10 | Nothing contained in this Section shall prohibit the | ||||||
11 | Prisoner Review Board
from ordering, pursuant to Section | ||||||
12 | 3-3-9(a)(3)(i)(B), that a prisoner serve up
to one year of the | ||||||
13 | sentence imposed by the court that was not served due to the
| ||||||
14 | accumulation of sentence credit.
| ||||||
15 | (d) If a lawsuit is filed by a prisoner in an Illinois or | ||||||
16 | federal court
against the State, the Department of Corrections, | ||||||
17 | or the Prisoner Review Board,
or against any of
their officers | ||||||
18 | or employees, and the court makes a specific finding that a
| ||||||
19 | pleading, motion, or other paper filed by the prisoner is | ||||||
20 | frivolous, the
Department of Corrections shall conduct a | ||||||
21 | hearing to revoke up to
180 days of sentence credit by bringing | ||||||
22 | charges against the prisoner
sought to be deprived of the | ||||||
23 | sentence credits before the Prisoner Review
Board as provided | ||||||
24 | in subparagraph (a)(8) of Section 3-3-2 of this Code.
If the | ||||||
25 | prisoner has not accumulated 180 days of sentence credit at the
| ||||||
26 | time of the finding, then the Prisoner Review Board may revoke |
| |||||||
| |||||||
1 | all
sentence credit accumulated by the prisoner.
| ||||||
2 | For purposes of this subsection (d):
| ||||||
3 | (1) "Frivolous" means that a pleading, motion, or other | ||||||
4 | filing which
purports to be a legal document filed by a | ||||||
5 | prisoner in his or her lawsuit meets
any or all of the | ||||||
6 | following criteria:
| ||||||
7 | (A) it lacks an arguable basis either in law or in | ||||||
8 | fact;
| ||||||
9 | (B) it is being presented for any improper purpose, | ||||||
10 | such as to harass or
to cause unnecessary delay or | ||||||
11 | needless increase in the cost of litigation;
| ||||||
12 | (C) the claims, defenses, and other legal | ||||||
13 | contentions therein are not
warranted by existing law | ||||||
14 | or by a nonfrivolous argument for the extension,
| ||||||
15 | modification, or reversal of existing law or the | ||||||
16 | establishment of new law;
| ||||||
17 | (D) the allegations and other factual contentions | ||||||
18 | do not have
evidentiary
support or, if specifically so | ||||||
19 | identified, are not likely to have evidentiary
support | ||||||
20 | after a reasonable opportunity for further | ||||||
21 | investigation or discovery;
or
| ||||||
22 | (E) the denials of factual contentions are not | ||||||
23 | warranted on the
evidence, or if specifically so | ||||||
24 | identified, are not reasonably based on a lack
of | ||||||
25 | information or belief.
| ||||||
26 | (2) "Lawsuit" means a motion pursuant to Section
116-3 |
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1 | of the Code of Criminal Procedure of 1963, a habeas corpus | ||||||
2 | action under
Article X of the Code of Civil Procedure or | ||||||
3 | under federal law (28 U.S.C. 2254),
a petition for claim | ||||||
4 | under the Court of Claims Act, an action under the
federal | ||||||
5 | Civil Rights Act (42 U.S.C. 1983), or a second or | ||||||
6 | subsequent petition for post-conviction relief under | ||||||
7 | Article 122 of the Code of Criminal Procedure of 1963 | ||||||
8 | whether filed with or without leave of court or a second or | ||||||
9 | subsequent petition for relief from judgment under Section | ||||||
10 | 2-1401 of the Code of Civil Procedure.
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11 | (e) Nothing in Public Act 90-592 or 90-593 affects the | ||||||
12 | validity of Public Act 89-404.
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13 | (f) Whenever the Department is to release any inmate who | ||||||
14 | has been convicted of a violation of an order of protection | ||||||
15 | under Section 12-3.4 or 12-30 of the Criminal Code of 1961 or | ||||||
16 | the Criminal Code of 2012, earlier than it
otherwise would | ||||||
17 | because of a grant of sentence credit, the Department, as a | ||||||
18 | condition of release, shall require that the person, upon | ||||||
19 | release, be placed under electronic surveillance as provided in | ||||||
20 | Section 5-8A-7 of this Code. | ||||||
21 | (Source: P.A. 99-241, eff. 1-1-16; 99-275, eff. 1-1-16; 99-642, | ||||||
22 | eff. 7-28-16; 99-938, eff. 1-1-18; 100-3, eff. 1-1-18; 100-575, | ||||||
23 | eff. 1-8-18.)
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