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Full Text of HB4303
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HB4303 - 104th General Assembly
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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB4303
Introduced 1/14/2026, by Rep. Kevin John Olickal, Curtis J. Tarver, II and Rita Mayfield
SYNOPSIS AS INTRODUCED:
730 ILCS 5/3-3-8
from Ch. 38, par. 1003-3-8
730 ILCS 5/5-1-16
from Ch. 38, par. 1005-1-16
730 ILCS 5/5-8-1
from Ch. 38, par. 1005-8-1
Amends the Unified Code of Corrections. Provides that a person
serving a sentence under the law in effect prior to February 1, 1978 who is
released from imprisonment shall be placed on mandatory supervised release
in the same manner and for the same term as provided in the mandatory
supervised release provisions of the Code for persons sentenced under
determinate sentencing. Provides that any reference to "parole" under the
Sentencing Chapter of the Code and the mandatory supervised release
provisions of the Code mean "mandatory supervised release". Provides that
the changes made by the amendatory Act apply retroactively. Effective
immediately.
LRB104 16669 RLC 30248 b
A BILL FOR
HB4303
LRB104 16669 RLC 30248 b
1
AN ACT concerning criminal law.
2
Be it enacted by the People of the State of Illinois,
3
represented in the General Assembly:
4
Section 5.
The Unified Code of Corrections is amended by
5
changing Sections 3-3-8, 5-1-16, and 5-8-1 as follows:
6
(730 ILCS 5/3-3-8)
(from Ch. 38, par. 1003-3-8)
7
Sec. 3-3-8.
Length of parole and mandatory supervised
8
release; discharge.
9
(a) The length of parole for a person sentenced under the
10
law in effect prior to the effective date of this amendatory
11
Act of 1977 and the length of mandatory supervised release for
12
those sentenced under the law in effect on and after such
13
effective date shall be as set out in Section 5-8-1 unless
14
sooner terminated under paragraph (b) of this Section.
A
15
person serving a sentence under the law in effect prior to
16
February 1, 1978 who is released from imprisonment shall be
17
placed on mandatory supervised release in the same manner and
18
for the same term as provided in subsection (d) of Section
19
5-8-1 for persons sentenced under determinate sentencing.
20
(b) The Prisoner Review Board may enter an order releasing
21
and discharging one from parole or mandatory supervised
22
release, and his or her commitment to the Department, when it
23
determines that he or she is likely to remain at liberty
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LRB104 16669 RLC 30248 b
1
without committing another offense. Before entering such an
2
order, the Prisoner Review Board shall provide notice and a
3
30-day opportunity to comment to any registered victim.
4
(b-1) Provided that the subject is in compliance with the
5
terms and conditions of his or her parole or mandatory
6
supervised release, the Prisoner Review Board shall reduce the
7
period of a parolee or releasee's parole or mandatory
8
supervised release by 90 days upon the parolee or releasee
9
receiving a high school diploma, associate's degree,
10
bachelor's degree, career certificate, or vocational technical
11
certification or upon passage of high school equivalency
12
testing during the period of his or her parole or mandatory
13
supervised release. A parolee or releasee shall provide
14
documentation from the educational institution or the source
15
of the qualifying educational or vocational credential to
16
their supervising officer for verification. Each reduction in
17
the period of a subject's term of parole or mandatory
18
supervised release shall be available only to subjects who
19
have not previously earned the relevant credential for which
20
they are receiving the reduction. As used in this Section,
21
"career certificate" means a certificate awarded by an
22
institution for satisfactory completion of a prescribed
23
curriculum that is intended to prepare an individual for
24
employment in a specific field.
25
(b-2) The Prisoner Review Board may release a low-risk and
26
need subject person from mandatory supervised release as
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1
determined by an appropriate evidence-based risk and need
2
assessment.
3
(b-3) After the completion of at least 6 months for
4
offenses set forth in paragraphs (1.5) through (7) of
5
subsection (a) of Section 110-6.1 of the Code of Criminal
6
Procedure of 1963 and 3 months for all other offenses, and upon
7
completion of all mandatory conditions of parole or mandatory
8
supervised release set forth in paragraph (7.5) of subsection
9
(a) of Section 3-3-7 and subsection (b) of Section 3-3-7, the
10
Department of Corrections shall complete a report describing
11
whether the subject has completed the mandatory conditions of
12
parole or mandatory supervised release. The report shall
13
include whether the subject has complied with any mandatory
14
conditions of parole or mandatory supervised release relating
15
to orders of protection, civil no contact orders, or stalking
16
no contact orders. The report shall also indicate whether a
17
LEADS report reflects a conviction for a domestic violence
18
offense within the prior 5 years.
19
(c) The order of discharge shall become effective upon
20
entry of the order of the Board. The Board shall notify the
21
clerk of the committing court of the order. Upon receipt of
22
such copy, the clerk shall make an entry on the record judgment
23
that the sentence or commitment has been satisfied pursuant to
24
the order.
25
(d) Rights of the person discharged under this Section
26
shall be restored under Section 5-5-5.
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1
(e) Upon a denial of early discharge under this Section,
2
the Prisoner Review Board shall provide the person on parole
3
or mandatory supervised release a list of steps or
4
requirements that the person must complete or meet to be
5
granted an early discharge at a subsequent review and share
6
the process for seeking a subsequent early discharge review
7
under this subsection. Upon the completion of such steps or
8
requirements, the person on parole or mandatory supervised
9
release may petition the Prisoner Review Board to grant them
10
an early discharge review. Within no more than 30 days of a
11
petition under this subsection, the Prisoner Review Board
12
shall review the petition and make a determination.
13
(f) The changes made to this Section by this amendatory
14
Act of the 104th General Assembly apply retroactively.
15
(Source: P.A. 103-271, eff. 1-1-24; 104-11, eff. 6-20-25.)
16
(730 ILCS 5/5-1-16)
(from Ch. 38, par. 1005-1-16)
17
Sec. 5-1-16.
Parole.
"Parole" means the conditional and
18
revocable release of a person committed to the Department of
19
Corrections under the supervision of a parole officer.
Any
20
reference to "parole" under Chapter V means "mandatory
21
supervised release". The changes made to this Section by this
22
amendatory Act of the 104th General Assembly apply
23
retroactively.
24
(Source: P.A. 98-558, eff. 1-1-14.)
HB4303
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LRB104 16669 RLC 30248 b
1
(730 ILCS 5/5-8-1)
(from Ch. 38, par. 1005-8-1)
2
Sec. 5-8-1.
Natural life imprisonment; enhancements for
3
use of a firearm; mandatory supervised release terms.
4
(a) Except as otherwise provided in the statute defining
5
the offense or in Article 4.5 of Chapter V, a sentence of
6
imprisonment for a felony shall be a determinate sentence set
7
by the court under this Section, subject to Section 5-4.5-115
8
of this Code, according to the following limitations:
9
(1) for first degree murder,
10
(a) (blank),
11
(b) if a trier of fact finds beyond a reasonable
12
doubt that the murder was accompanied by exceptionally
13
brutal or heinous behavior indicative of wanton
14
cruelty or, except as set forth in subsection
15
(a)(1)(c) of this Section, that any of the aggravating
16
factors listed in subparagraph (b-5) are present, the
17
court may sentence the defendant, subject to Section
18
5-4.5-105, to a term of natural life imprisonment, or
19
(b-5) a defendant who at the time of the
20
commission of the offense has attained the age of 18 or
21
more and who has been found guilty of first degree
22
murder may be sentenced to a term of natural life
23
imprisonment if:
24
(1) the murdered individual was an inmate at
25
an institution or facility of the Department of
26
Corrections, or any similar local correctional
HB4303
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LRB104 16669 RLC 30248 b
1
agency and was killed on the grounds thereof, or
2
the murdered individual was otherwise present in
3
such institution or facility with the knowledge
4
and approval of the chief administrative officer
5
thereof;
6
(2) the murdered individual was killed as a
7
result of the hijacking of an airplane, train,
8
ship, bus, or other public conveyance;
9
(3) the defendant committed the murder
10
pursuant to a contract, agreement, or
11
understanding by which he or she was to receive
12
money or anything of value in return for
13
committing the murder or procured another to
14
commit the murder for money or anything of value;
15
(4) the murdered individual was killed in the
16
course of another felony if:
17
(A) the murdered individual:
18
(i) was actually killed by the
19
defendant, or
20
(ii) received physical injuries
21
personally inflicted by the defendant
22
substantially contemporaneously with
23
physical injuries caused by one or more
24
persons for whose conduct the defendant is
25
legally accountable under Section 5-2 of
26
this Code, and the physical injuries
HB4303
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LRB104 16669 RLC 30248 b
1
inflicted by either the defendant or the
2
other person or persons for whose conduct
3
he is legally accountable caused the death
4
of the murdered individual; and (B) in
5
performing the acts which caused the death
6
of the murdered individual or which
7
resulted in physical injuries personally
8
inflicted by the defendant on the murdered
9
individual under the circumstances of
10
subdivision (ii) of clause (A) of this
11
clause (4), the defendant acted with the
12
intent to kill the murdered individual or
13
with the knowledge that his or her acts
14
created a strong probability of death or
15
great bodily harm to the murdered
16
individual or another; and
17
(B) in performing the acts which caused
18
the death of the murdered individual or which
19
resulted in physical injuries personally
20
inflicted by the defendant on the murdered
21
individual under the circumstances of
22
subdivision (ii) of clause (A) of this clause
23
(4), the defendant acted with the intent to
24
kill the murdered individual or with the
25
knowledge that his or her acts created a
26
strong probability of death or great bodily
HB4303
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LRB104 16669 RLC 30248 b
1
harm to the murdered individual or another;
2
and
3
(C) the other felony was an inherently
4
violent crime or the attempt to commit an
5
inherently violent crime. In this clause (C),
6
"inherently violent crime" includes, but is
7
not limited to, armed robbery, robbery,
8
predatory criminal sexual assault of a child,
9
aggravated criminal sexual assault, aggravated
10
kidnapping, aggravated vehicular hijacking,
11
aggravated arson, aggravated stalking,
12
residential burglary, and home invasion;
13
(5) the defendant committed the murder with
14
intent to prevent the murdered individual from
15
testifying or participating in any criminal
16
investigation or prosecution or giving material
17
assistance to the State in any investigation or
18
prosecution, either against the defendant or
19
another; or the defendant committed the murder
20
because the murdered individual was a witness in
21
any prosecution or gave material assistance to the
22
State in any investigation or prosecution, either
23
against the defendant or another; for purposes of
24
this clause (5), "participating in any criminal
25
investigation or prosecution" is intended to
26
include those appearing in the proceedings in any
HB4303
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LRB104 16669 RLC 30248 b
1
capacity such as trial judges, prosecutors,
2
defense attorneys, investigators, witnesses, or
3
jurors;
4
(6) the defendant, while committing an offense
5
punishable under Section 401, 401.1, 401.2, 405,
6
405.2, 407, or 407.1 or subsection (b) of Section
7
404 of the Illinois Controlled Substances Act, or
8
while engaged in a conspiracy or solicitation to
9
commit such offense, intentionally killed an
10
individual or counseled, commanded, induced,
11
procured, or caused the intentional killing of the
12
murdered individual;
13
(7) the defendant was incarcerated in an
14
institution or facility of the Department of
15
Corrections at the time of the murder, and while
16
committing an offense punishable as a felony under
17
Illinois law, or while engaged in a conspiracy or
18
solicitation to commit such offense, intentionally
19
killed an individual or counseled, commanded,
20
induced, procured, or caused the intentional
21
killing of the murdered individual;
22
(8) the murder was committed in a cold,
23
calculated and premeditated manner pursuant to a
24
preconceived plan, scheme, or design to take a
25
human life by unlawful means, and the conduct of
26
the defendant created a reasonable expectation
HB4303
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LRB104 16669 RLC 30248 b
1
that the death of a human being would result
2
therefrom;
3
(9) the defendant was a principal
4
administrator, organizer, or leader of a
5
calculated criminal drug conspiracy consisting of
6
a hierarchical position of authority superior to
7
that of all other members of the conspiracy, and
8
the defendant counseled, commanded, induced,
9
procured, or caused the intentional killing of the
10
murdered person;
11
(10) the murder was intentional and involved
12
the infliction of torture. For the purpose of this
13
clause (10), torture means the infliction of or
14
subjection to extreme physical pain, motivated by
15
an intent to increase or prolong the pain,
16
suffering, or agony of the victim;
17
(11) the murder was committed as a result of
18
the intentional discharge of a firearm by the
19
defendant from a motor vehicle and the victim was
20
not present within the motor vehicle;
21
(12) the murdered individual was a person with
22
a disability and the defendant knew or should have
23
known that the murdered individual was a person
24
with a disability. For purposes of this clause
25
(12), "person with a disability" means a person
26
who suffers from a permanent physical or mental
HB4303
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LRB104 16669 RLC 30248 b
1
impairment resulting from disease, an injury, a
2
functional disorder, or a congenital condition
3
that renders the person incapable of adequately
4
providing for his or her own health or personal
5
care;
6
(13) the murdered individual was subject to an
7
order of protection and the murder was committed
8
by a person against whom the same order of
9
protection was issued under the Illinois Domestic
10
Violence Act of 1986;
11
(14) the murdered individual was known by the
12
defendant to be a teacher or other person employed
13
in any school and the teacher or other employee is
14
upon the grounds of a school or grounds adjacent
15
to a school, or is in any part of a building used
16
for school purposes;
17
(15) the murder was committed by the defendant
18
in connection with or as a result of the offense of
19
terrorism as defined in Section 29D-14.9 of this
20
Code;
21
(16) the murdered individual was a member of a
22
congregation engaged in prayer or other religious
23
activities at a church, synagogue, mosque, or
24
other building, structure, or place used for
25
religious worship; or
26
(17)(i) the murdered individual was a
HB4303
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LRB104 16669 RLC 30248 b
1
physician, physician assistant, psychologist,
2
nurse, or advanced practice registered nurse;
3
(ii) the defendant knew or should have known
4
that the murdered individual was a physician,
5
physician assistant, psychologist, nurse, or
6
advanced practice registered nurse; and
7
(iii) the murdered individual was killed in
8
the course of acting in his or her capacity as a
9
physician, physician assistant, psychologist,
10
nurse, or advanced practice registered nurse, or
11
to prevent him or her from acting in that
12
capacity, or in retaliation for his or her acting
13
in that capacity.
14
(c) the court shall sentence the defendant to a
15
term of natural life imprisonment if the defendant, at
16
the time of the commission of the murder, had attained
17
the age of 18, and:
18
(i) has previously been convicted of first
19
degree murder under any state or federal law, or
20
(ii) is found guilty of murdering more than
21
one victim, or
22
(iii) is found guilty of murdering a peace
23
officer, fireman, or emergency management worker
24
when the peace officer, fireman, or emergency
25
management worker was killed in the course of
26
performing his official duties, or to prevent the
HB4303
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LRB104 16669 RLC 30248 b
1
peace officer or fireman from performing his
2
official duties, or in retaliation for the peace
3
officer, fireman, or emergency management worker
4
from performing his official duties, and the
5
defendant knew or should have known that the
6
murdered individual was a peace officer, fireman,
7
or emergency management worker, or
8
(iv) is found guilty of murdering an employee
9
of an institution or facility of the Department of
10
Corrections, or any similar local correctional
11
agency, when the employee was killed in the course
12
of performing his official duties, or to prevent
13
the employee from performing his official duties,
14
or in retaliation for the employee performing his
15
official duties, or
16
(v) is found guilty of murdering an emergency
17
medical technician - ambulance, emergency medical
18
technician - intermediate, emergency medical
19
technician - paramedic, ambulance driver, or other
20
medical assistance or first aid person while
21
employed by a municipality or other governmental
22
unit when the person was killed in the course of
23
performing official duties or to prevent the
24
person from performing official duties or in
25
retaliation for performing official duties and the
26
defendant knew or should have known that the
HB4303
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LRB104 16669 RLC 30248 b
1
murdered individual was an emergency medical
2
technician - ambulance, emergency medical
3
technician - intermediate, emergency medical
4
technician - paramedic, ambulance driver, or other
5
medical assistant or first aid personnel, or
6
(vi) (blank), or
7
(vii) is found guilty of first degree murder
8
and the murder was committed by reason of any
9
person's activity as a community policing
10
volunteer or to prevent any person from engaging
11
in activity as a community policing volunteer. For
12
the purpose of this Section, "community policing
13
volunteer" has the meaning ascribed to it in
14
Section 2-3.5 of the Criminal Code of 2012.
15
For purposes of clause (v), "emergency medical
16
technician - ambulance", "emergency medical technician -
17
intermediate", and "emergency medical technician -
18
paramedic"have the meanings ascribed to them in the
19
Emergency Medical Services (EMS) Systems Act.
20
(d)(i) if the person committed the offense while
21
armed with a firearm, 15 years shall be added to
22
the term of imprisonment imposed by the court;
23
(ii) if, during the commission of the offense, the
24
person personally discharged a firearm, 20 years shall
25
be added to the term of imprisonment imposed by the
26
court;
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LRB104 16669 RLC 30248 b
1
(iii) if, during the commission of the offense,
2
the person personally discharged a firearm that
3
proximately caused great bodily harm, permanent
4
disability, permanent disfigurement, or death to
5
another person, 25 years or up to a term of natural
6
life shall be added to the term of imprisonment
7
imposed by the court.
8
(2) (blank);
9
(2.5) for a person who has attained the age of 18 years
10
at the time of the commission of the offense and who is
11
convicted under the circumstances described in subdivision
12
(b)(1)(B) of Section 11-1.20 or paragraph (3) of
13
subsection (b) of Section 12-13, subdivision (d)(2) of
14
Section 11-1.30 or paragraph (2) of subsection (d) of
15
Section 12-14, subdivision (b)(1.2) of Section 11-1.40 or
16
paragraph (1.2) of subsection (b) of Section 12-14.1,
17
subdivision (b)(2) of Section 11-1.40 or paragraph (2) of
18
subsection (b) of Section 12-14.1 of the Criminal Code of
19
1961 or the Criminal Code of 2012, the sentence shall be a
20
term of natural life imprisonment.
21
(b) (Blank).
22
(c) (Blank).
23
(d) Subject to earlier termination under Section 3-3-8,
24
the parole or mandatory supervised release term shall be
25
written as part of the sentencing order and shall be as
26
follows:
HB4303
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1
(1) for first degree murder or for the offenses of
2
predatory criminal sexual assault of a child, aggravated
3
criminal sexual assault, and criminal sexual assault if
4
committed on or before December 12, 2005, 3 years;
5
(1.5) except as provided in paragraph (7) of this
6
subsection (d), for a Class X felony except for the
7
offenses of predatory criminal sexual assault of a child,
8
aggravated criminal sexual assault, and criminal sexual
9
assault if committed on or after December 13, 2005 (the
10
effective date of Public Act 94-715) and except for the
11
offense of aggravated child pornography under Section
12
11-20.1B, 11-20.3, or 11-20.1 with sentencing under
13
subsection (c-5) of Section 11-20.1 of the Criminal Code
14
of 1961 or the Criminal Code of 2012, if committed on or
15
after January 1, 2009, and except for the offense of
16
obscene depiction of a purported child with sentencing
17
under subsection (d) of Section 11-20.4 of the Criminal
18
Code of 2012, 18 months;
19
(2) except as provided in paragraph (7) of this
20
subsection (d), for a Class 1 felony or a Class 2 felony
21
except for the offense of criminal sexual assault if
22
committed on or after December 13, 2005 (the effective
23
date of Public Act 94-715) and except for the offenses of
24
manufacture and dissemination of child sexual abuse
25
material under clauses (a)(1) and (a)(2) of Section
26
11-20.1 of the Criminal Code of 1961 or the Criminal Code
HB4303
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LRB104 16669 RLC 30248 b
1
of 2012, if committed on or after January 1, 2009, and
2
except for the offense of obscene depiction of a purported
3
child under paragraph (2) of subsection (b) of Section
4
11-20.4 of the Criminal Code of 2012, 12 months;
5
(3) except as provided in paragraph (4), (6), or (7)
6
of this subsection (d), for a Class 3 felony or a Class 4
7
felony, 6 months; no later than 45 days after the onset of
8
the term of mandatory supervised release, the Prisoner
9
Review Board shall conduct a discretionary discharge
10
review pursuant to the provisions of Section 3-3-8, which
11
shall include the results of a standardized risk and needs
12
assessment tool administered by the Department of
13
Corrections; the changes to this paragraph (3) made by
14
Public Act 102-1104 apply to all individuals released on
15
mandatory supervised release on or after December 6, 2022
16
(the effective date of Public Act 102-1104), including
17
those individuals whose sentences were imposed prior to
18
December 6, 2022 (the effective date of Public Act
19
102-1104);
20
(4) for defendants who commit the offense of predatory
21
criminal sexual assault of a child, aggravated criminal
22
sexual assault, or criminal sexual assault, on or after
23
December 13, 2005 (the effective date of Public Act
24
94-715), or who commit the offense of aggravated child
25
pornography under Section 11-20.1B, 11-20.3, or 11-20.1
26
with sentencing under subsection (c-5) of Section 11-20.1
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1
of the Criminal Code of 1961 or the Criminal Code of 2012,
2
manufacture of child sexual abuse material, or
3
dissemination of child sexual abuse material after January
4
1, 2009, or who commit the offense of obscene depiction of
5
a purported child under paragraph (2) of subsection (b) of
6
Section 11-20.4 of the Criminal Code of 2012 or who commit
7
the offense of obscene depiction of a purported child with
8
sentencing under subsection (d) of Section 11-20.4 of the
9
Criminal Code of 2012, the term of mandatory supervised
10
release shall range from a minimum of 3 years to a maximum
11
of the natural life of the defendant;
12
(5) if the victim is under 18 years of age, for a
13
second or subsequent offense of aggravated criminal sexual
14
abuse or felony criminal sexual abuse, 4 years, at least
15
the first 2 years of which the defendant shall serve in an
16
electronic monitoring or home detention program under
17
Article 8A of Chapter V of this Code;
18
(6) for a felony domestic battery, aggravated domestic
19
battery, stalking, aggravated stalking, and a felony
20
violation of an order of protection, 4 years;
21
(7) for any felony described in paragraph (a)(2)(ii),
22
(a)(2)(iii), (a)(2)(iv), (a)(2)(vi), (a)(2.1), (a)(2.3),
23
(a)(2.4), (a)(2.5), or (a)(2.6) of Article 5, Section
24
3-6-3 of the Unified Code of Corrections requiring an
25
inmate to serve a minimum of 85% of their court-imposed
26
sentence, except for the offenses of predatory criminal
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1
sexual assault of a child, aggravated criminal sexual
2
assault, and criminal sexual assault if committed on or
3
after December 13, 2005 (the effective date of Public Act
4
94-715) and except for the offense of aggravated child
5
pornography under Section 11-20.1B, 11-20.3, or 11-20.1
6
with sentencing under subsection (c-5) of Section 11-20.1
7
of the Criminal Code of 1961 or the Criminal Code of 2012,
8
if committed on or after January 1, 2009, and except for
9
the offense of obscene depiction of a purported child with
10
sentencing under subsection (d) of Section 11-20.4 of the
11
Criminal Code of 2012, and except as provided in paragraph
12
(4) or paragraph (6) of this subsection (d), the term of
13
mandatory supervised release shall be as follows:
14
(A) Class X felony, 3 years;
15
(B) Class 1 or Class 2 felonies, 2 years;
16
(C) Class 3 or Class 4 felonies, 1 year.
17
(d-1) Any reference to "parole" under this Section means
18
"mandatory supervised release".
19
(e) (Blank).
20
(f) (Blank).
21
(g) Notwithstanding any other provisions of this Act and
22
of Public Act 101-652: (i) the provisions of paragraph (3) of
23
subsection (d) are effective on July 1, 2022 and shall apply to
24
all individuals convicted on or after the effective date of
25
paragraph (3) of subsection (d); and (ii) the provisions of
26
paragraphs (1.5) and (2) of subsection (d) are effective on
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1
July 1, 2021 and shall apply to all individuals convicted on or
2
after the effective date of paragraphs (1.5) and (2) of
3
subsection (d).
4
(h) The changes made to this Section by this amendatory
5
Act of the 104th General Assembly apply retroactively.
6
(Source: P.A. 103-51, eff. 1-1-24; 103-825, eff. 1-1-25;
7
104-245, eff. 1-1-26; 104-417, eff. 8-15-25
.)
8
Section 99.
Effective date.
This Act takes effect upon
9
becoming law.
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