CRIM CD&CD CORR-FELONY MURDER

Illinois General Assembly - Full Text of HB5261

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HB5261 - 104th General Assembly

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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB5261

Introduced 2/10/2026, by Rep. Justin Slaughter

SYNOPSIS AS INTRODUCED:

210 ILCS 50/3.50
705 ILCS 405/1-7
705 ILCS 405/5-715
720 ILCS 5/8-2

from Ch. 38, par. 8-2
720 ILCS 5/9-1

from Ch. 38, par. 9-1
720 ILCS 5/9-1.3 new
725 ILCS 5/104-25

from Ch. 38, par. 104-25
725 ILCS 5/110-6.1

from Ch. 38, par. 110-6.1
730 ILCS 5/3-2.5-80
730 ILCS 5/3-14-2

from Ch. 38, par. 1003-14-2
730 ILCS 5/5-4.5-10
730 ILCS 5/5-4.5-21 new
730 ILCS 5/5-4.5-95
730 ILCS 5/5-7-1

from Ch. 38, par. 1005-7-1
730 ILCS 5/5-8-1

from Ch. 38, par. 1005-8-1

Amends the Criminal Code of 2012 and the Unified Code of Corrections.
Eliminates felony murder as an element of first degree murder. Creates
felony murder as a separate class of felony. Provides that a person commits
felony murder when he or she, acting alone or with one or more
participants, commits or attempts to commit a forcible felony, other than
second degree murder, and in the course of or in furtherance of that crime
or flight from that crime, he or she or another participant causes the
death of a person, other than one of the participants. Provides that the
sentence of imprisonment for felony murder shall be a determinate sentence
of not less than 8 years and not more than 40 year, subject to the parole
review provisions for persons who committed the offense when under 21
years of age. Provides that an extended term sentence for felony murder
shall be not less than 16 years and not more than 80 years. Amends various
Acts to make conforming changes.
LRB104 16942 RLC 30356 b

A BILL FOR

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LRB104 16942 RLC 30356 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 Emergency Medical Services (EMS) Systems
5
Act is amended by changing Section 3.50 as follows:

6

(210 ILCS 50/3.50)
7

Sec. 3.50.
Emergency Medical Services personnel licensure
8
levels.
9

(a) "Emergency Medical Technician" or "EMT" means a person
10
who has successfully completed a course in basic life support
11
as approved by the Department, is currently licensed by the
12
Department in accordance with standards prescribed by this Act
13
and rules adopted by the Department pursuant to this Act, and
14
practices within an EMS System. A valid Emergency Medical
15
Technician-Basic (EMT-B) license issued under this Act shall
16
continue to be valid and shall be recognized as an Emergency
17
Medical Technician (EMT) license until the Emergency Medical
18
Technician-Basic (EMT-B) license expires.
19

(b) "Emergency Medical Technician-Intermediate" or "EMT-I"
20
means a person who has successfully completed a course in
21
intermediate life support as approved by the Department, is
22
currently licensed by the Department in accordance with
23
standards prescribed by this Act and rules adopted by the

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Department pursuant to this Act, and practices within an
2
Intermediate or Advanced Life Support EMS System.
3

(b-5) "Advanced Emergency Medical Technician" or "A-EMT"
4
means a person who has successfully completed a course in
5
basic and limited advanced emergency medical care as approved
6
by the Department, is currently licensed by the Department in
7
accordance with standards prescribed by this Act and rules
8
adopted by the Department pursuant to this Act, and practices
9
within an Intermediate or Advanced Life Support EMS System.
10

(c) "Paramedic (EMT-P)" means a person who has
11
successfully completed a course in advanced life support care
12
as approved by the Department, is licensed by the Department
13
in accordance with standards prescribed by this Act and rules
14
adopted by the Department pursuant to this Act, and practices
15
within an Advanced Life Support EMS System. A valid Emergency
16
Medical Technician-Paramedic (EMT-P) license issued under this
17
Act shall continue to be valid and shall be recognized as a
18
Paramedic license until the Emergency Medical
19
Technician-Paramedic (EMT-P) license expires.
20

(c-5) "Emergency Medical Responder" or "EMR (First
21
Responder)" means a person who has successfully completed a
22
course in emergency medical response as approved by the
23
Department and provides emergency medical response services in
24
accordance with the level of care established by the National
25
EMS Educational Standards Emergency Medical Responder course
26
as modified by the Department, or who provides services as

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part of an EMS System response plan, as approved by the
2
Department, of that EMS System. The Department shall have the
3
authority to adopt rules governing the curriculum, practice,
4
and necessary equipment applicable to Emergency Medical
5
Responders.
6

On August 15, 2014 (the effective date of Public Act
7
98-973), a person who is licensed by the Department as a First
8
Responder and has completed a Department-approved course in
9
first responder defibrillator training based on, or equivalent
10
to, the National EMS Educational Standards or other standards
11
previously recognized by the Department shall be eligible for
12
licensure as an Emergency Medical Responder upon meeting the
13
licensure requirements and submitting an application to the
14
Department. A valid First Responder license issued under this
15
Act shall continue to be valid and shall be recognized as an
16
Emergency Medical Responder license until the First Responder
17
license expires.
18

(c-10) All EMS Systems and licensees shall be fully
19
compliant with the National EMS Education Standards, as
20
modified by the Department in administrative rules, within 24
21
months after the adoption of the administrative rules.
22

(d) The Department shall have the authority and
23
responsibility to:
24

(1) Prescribe education and training requirements,
25

which includes training in the use of epinephrine, for all
26

levels of EMS personnel except for EMRs, based on the

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National EMS Educational Standards and any modifications
2

to those curricula specified by the Department through
3

rules adopted pursuant to this Act.
4

(A) A failure rate per course of 30% or greater at
5

the first attempt on the licensure examination shall
6

require the EMS System to submit a quality improvement
7

plan to the Department. The EMS System shall share
8

failure rates with the EMS Lead Instructor quarterly.
9

Neither the EMS System nor the Department may take
10

licensure action against an EMS Lead Instructor based
11

solely on first-attempt pass rates.
12

(B) Candidates shall complete the licensure
13

examination within the timeline required by the NREMT.
14

(C) An accredited Paramedic program shall be
15

conducted only by an EMS System or an academic
16

institution whose curriculum has been approved by the
17

EMS System. An EMS System associate hospital may allow
18

students from an EMS System-approved and
19

Department-approved Paramedic course to complete
20

clinical rotations as approved by the EMS System
21

Medical Director. The approval by the EMS System
22

Medical Director may not be unreasonably denied.
23

(2) Prescribe licensure testing requirements for all
24

levels of EMS personnel, which shall include a requirement
25

that all phases of instruction, training, and field
26

experience be completed before taking the appropriate

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licensure examination. Candidates shall take the
2

appropriate National Registry examination. In prescribing
3

licensure testing requirements for honorably discharged
4

members of the armed forces of the United States under
5

this paragraph (2), the Department shall ensure that a
6

candidate's military emergency medical training, emergency
7

medical curriculum completed, and clinical experience, as
8

described in paragraph (2.5), are recognized.
9

(2.5) Review applications for EMS personnel licensure
10

from honorably discharged members of the armed forces of
11

the United States with military emergency medical
12

training. Applications shall be filed with the Department
13

within one year after military discharge and shall
14

contain: (i) proof of successful completion of military
15

emergency medical training; (ii) a detailed description of
16

the emergency medical curriculum completed; and (iii) a
17

detailed description of the applicant's clinical
18

experience. The Department may request additional and
19

clarifying information. The Department shall evaluate the
20

application, including the applicant's training and
21

experience, consistent with the standards set forth under
22

subsections (a), (b), (c), and (d) of Section 3.10. If the
23

application clearly demonstrates that the training and
24

experience meet such standards, the Department shall offer
25

the applicant the opportunity to successfully complete a
26

Department-approved EMS personnel examination for the

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level of license for which the applicant is qualified.
2

Upon passage of an examination, the Department shall issue
3

a license, which shall be subject to all provisions of
4

this Act that are otherwise applicable to the level of EMS
5

personnel license issued.
6

(3) License individuals as an EMR, EMT, EMT-I, A-EMT,
7

or Paramedic who have met the Department's education,
8

training and examination requirements.
9

(4) Prescribe annual continuing education and
10

relicensure requirements for all EMS personnel licensure
11

levels.
12

(5) Relicense individuals as an EMD, EMR, EMT, EMT-I,
13

A-EMT, PHRN, PHAPRN, PHPA, or Paramedic every 4 years,
14

based on their compliance with continuing education and
15

relicensure requirements as required by the Department
16

pursuant to this Act. Every 4 years, a Paramedic shall
17

have 100 hours of approved continuing education, an EMT-I
18

and an advanced EMT shall have 80 hours of approved
19

continuing education, and an EMT shall have 60 hours of
20

approved continuing education. An Illinois licensed EMR,
21

EMD, EMT, EMT-I, A-EMT, Paramedic, ECRN, PHPA, PHAPRN, or
22

PHRN whose license has been expired for less than 36
23

months may apply for reinstatement by the Department.
24

Reinstatement shall require that the applicant (i) submit
25

satisfactory proof of completion of continuing medical
26

education and clinical requirements to be prescribed by

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the Department in an administrative rule; (ii) submit a
2

positive recommendation from an Illinois EMS Medical
3

Director attesting to the applicant's qualifications for
4

retesting; and (iii) pass a Department approved test for
5

the level of EMS personnel license sought to be
6

reinstated.
7

(6) Grant inactive status to any EMR, EMD, EMT, EMT-I,
8

A-EMT, Paramedic, ECRN, PHAPRN, PHPA, or PHRN who
9

qualifies, based on standards and procedures established
10

by the Department in rules adopted pursuant to this Act.
11

(7) Charge a fee for EMS personnel examination,
12

licensure, and license renewal.
13

(8) Suspend, revoke, or refuse to issue or renew the
14

license of any licensee, after an opportunity for an
15

impartial hearing before a neutral administrative law
16

judge appointed by the Director, where the preponderance
17

of the evidence shows one or more of the following:
18

(A) The licensee has not met continuing education
19

or relicensure requirements as prescribed by the
20

Department;
21

(B) The licensee has failed to maintain
22

proficiency in the level of skills for which he or she
23

is licensed;
24

(C) The licensee, during the provision of medical
25

services, engaged in dishonorable, unethical, or
26

unprofessional conduct of a character likely to

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deceive, defraud, or harm the public;
2

(D) The licensee has failed to maintain or has
3

violated standards of performance and conduct as
4

prescribed by the Department in rules adopted pursuant
5

to this Act or his or her EMS System's Program Plan;
6

(E) The licensee is physically impaired to the
7

extent that he or she cannot physically perform the
8

skills and functions for which he or she is licensed,
9

as verified by a physician, unless the person is on
10

inactive status pursuant to Department regulations;
11

(F) The licensee is mentally impaired to the
12

extent that he or she cannot exercise the appropriate
13

judgment, skill and safety for performing the
14

functions for which he or she is licensed, as verified
15

by a physician, unless the person is on inactive
16

status pursuant to Department regulations;
17

(G) The licensee has violated this Act or any rule
18

adopted by the Department pursuant to this Act; or
19

(H) The licensee has been convicted (or entered a
20

plea of guilty or nolo contendere) by a court of
21

competent jurisdiction of
a felony murder,
a Class X,
22

Class 1, or Class 2 felony in this State or an
23

out-of-state equivalent offense.
24

(9) Prescribe education and training requirements in
25

the administration and use of opioid antagonists for all
26

levels of EMS personnel based on the National EMS

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Educational Standards and any modifications to those
2

curricula specified by the Department through rules
3

adopted pursuant to this Act.
4

(d-5) An EMR, EMD, EMT, EMT-I, A-EMT, Paramedic, ECRN,
5
PHAPRN, PHPA, or PHRN who is a member of the Illinois National
6
Guard or an Illinois State Trooper or who exclusively serves
7
as a volunteer for units of local government with a population
8
base of less than 5,000 or as a volunteer for a not-for-profit
9
organization that serves a service area with a population base
10
of less than 5,000 may submit an application to the Department
11
for a waiver of the fees described under paragraph (7) of
12
subsection (d) of this Section on a form prescribed by the
13
Department.
14

(d-10) A person who is not an EMS personnel may operate an
15
EMS vehicle pursuant to this Act if the following requirements
16
are met: (i) the person meets the requirements of Section
17
11-1421 of the Illinois Vehicle Code; (ii) 2
18
Department-licensed EMS personnel are present and have met
19
educational requirements prescribed by the Department; and
20
(iii) the clinical condition of the patient necessitates the
21
involvement of additional licensed personnel to ensure
22
appropriate assessment, treatment, and patient safety. If a
23
waiver is issued by the Department, the person who is not an
24
EMS personnel may operate the EMS vehicle if only one EMS
25
personnel is present. Upon request, the Department may issue a
26
retroactive waiver when appropriate.

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1

The education requirements prescribed by the Department
2
under this Section must allow for the suspension of those
3
requirements in the case of a member of the armed services or
4
reserve forces of the United States or a member of the Illinois
5
National Guard who is on active duty pursuant to an executive
6
order of the President of the United States, an act of the
7
Congress of the United States, or an order of the Governor at
8
the time that the member would otherwise be required to
9
fulfill a particular education requirement. Such a person must
10
fulfill the education requirement within 6 months after his or
11
her release from active duty.
12

(e) In the event that any rule of the Department or an EMS
13
Medical Director that requires testing for drug use as a
14
condition of the applicable EMS personnel license conflicts
15
with or duplicates a provision of a collective bargaining
16
agreement that requires testing for drug use, that rule shall
17
not apply to any person covered by the collective bargaining
18
agreement.
19

(f) At the time of applying for or renewing his or her
20
license, an applicant for a license or license renewal may
21
submit an email address to the Department. The Department
22
shall keep the email address on file as a form of contact for
23
the individual. The Department shall send license renewal
24
notices electronically and by mail to a licensee who provides
25
the Department with his or her email address. The notices
26
shall be sent at least 60 days prior to the expiration date of

HB5261
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1
the license.
2
(Source: P.A. 104-362, eff. 8-15-25.)

3

Section 10.
The Juvenile Court Act of 1987 is amended by
4
changing Sections 1-7 and 5-715 as follows:

5

(705 ILCS 405/1-7)
6

Sec. 1-7.
Confidentiality of juvenile law enforcement and
7
municipal ordinance violation records.
8

(A) All juvenile law enforcement records which have not
9
been expunged are confidential and may never be disclosed to
10
the general public or otherwise made widely available.
11
Juvenile law enforcement records may be obtained only under
12
this Section and Section 1-8 and Part 9 of Article V of this
13
Act, when their use is needed for good cause and with an order
14
from the juvenile court, as required by those not authorized
15
to retain them. Inspection, copying, and disclosure of
16
juvenile law enforcement records maintained by law enforcement
17
agencies or records of municipal ordinance violations
18
maintained by any State, local, or municipal agency that
19
relate to a minor who has been investigated, arrested, or
20
taken into custody before the minor's 18th birthday shall be
21
restricted to the following:
22

(0.05) The minor who is the subject of the juvenile
23

law enforcement record, the minor's parents, guardian, and
24

counsel.

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(0.10) Judges of the circuit court and members of the
2

staff of the court designated by the judge.
3

(0.15) An administrative adjudication hearing officer
4

or members of the staff designated to assist in the
5

administrative adjudication process.
6

(1) Any local, State, or federal law enforcement
7

officers or designated law enforcement staff of any
8

jurisdiction or agency when necessary for the discharge of
9

their official duties during the investigation or
10

prosecution of a crime or relating to a minor who has been
11

adjudicated delinquent and there has been a previous
12

finding that the act which constitutes the previous
13

offense was committed in furtherance of criminal
14

activities by a criminal street gang, or, when necessary
15

for the discharge of its official duties in connection
16

with a particular investigation of the conduct of a law
17

enforcement officer, an independent agency or its staff
18

created by ordinance and charged by a unit of local
19

government with the duty of investigating the conduct of
20

law enforcement officers. For purposes of this Section,
21

"criminal street gang" has the meaning ascribed to it in
22

Section 10 of the Illinois Streetgang Terrorism Omnibus
23

Prevention Act.
24

(2) Prosecutors, public defenders, probation officers,
25

social workers, or other individuals assigned by the court
26

to conduct a pre-adjudication or pre-disposition

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1

investigation, and individuals responsible for supervising
2

or providing temporary or permanent care and custody for
3

minors under the order of the juvenile court, when
4

essential to performing their responsibilities.
5

(3) Federal, State, or local prosecutors, public
6

defenders, probation officers, and designated staff:
7

(a) in the course of a trial when institution of
8

criminal proceedings has been permitted or required
9

under Section 5-805;
10

(b) when institution of criminal proceedings has
11

been permitted or required under Section 5-805 and the
12

minor is the subject of a proceeding to determine the
13

conditions of pretrial release;
14

(c) when criminal proceedings have been permitted
15

or required under Section 5-805 and the minor is the
16

subject of a pre-trial investigation, pre-sentence
17

investigation, fitness hearing, or proceedings on an
18

application for probation; or
19

(d) in the course of prosecution or administrative
20

adjudication of a violation of a traffic, boating, or
21

fish and game law, or a county or municipal ordinance.
22

(4) Adult and Juvenile Prisoner Review Board.
23

(5) Authorized military personnel.
24

(5.5) Employees of the federal government authorized
25

by law.
26

(6) Persons engaged in bona fide research, with the

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1

permission of the Presiding Judge and the chief executive
2

of the respective law enforcement agency; provided that
3

publication of such research results in no disclosure of a
4

minor's identity and protects the confidentiality of the
5

minor's record.
6

(7) Department of Children and Family Services child
7

protection investigators acting in their official
8

capacity.
9

(8) The appropriate school official only if the agency
10

or officer believes that there is an imminent threat of
11

physical harm to students, school personnel, or others.
12

(A) Inspection and copying shall be limited to
13

juvenile law enforcement records transmitted to the
14

appropriate school official or officials whom the
15

school has determined to have a legitimate educational
16

or safety interest by a local law enforcement agency
17

under a reciprocal reporting system established and
18

maintained between the school district and the local
19

law enforcement agency under Section 10-20.14 of the
20

School Code concerning a minor enrolled in a school
21

within the school district who has been arrested or
22

taken into custody for any of the following offenses:
23

(i) any violation of Article 24 of the
24

Criminal Code of 1961 or the Criminal Code of
25

2012;
26

(ii) a violation of the Illinois Controlled

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1

Substances Act;
2

(iii) a violation of the Cannabis Control Act;
3

(iii-5) a violation of Section 9-1.3 of the
4

Criminal Code of 2012;

5

(iv) a forcible felony as defined in Section
6

2-8 of the Criminal Code of 1961 or the Criminal
7

Code of 2012;
8

(v) a violation of the Methamphetamine Control
9

and Community Protection Act;
10

(vi) a violation of Section 1-2 of the
11

Harassing and Obscene Communications Act;
12

(vii) a violation of the Hazing Act; or
13

(viii) a violation of Section 12-1, 12-2,
14

12-3, 12-3.05, 12-3.1, 12-3.2, 12-3.4, 12-3.5,
15

12-5, 12-7.3, 12-7.4, 12-7.5, 25-1, or 25-5 of the
16

Criminal Code of 1961 or the Criminal Code of
17

2012.
18

The information derived from the juvenile law
19

enforcement records shall be kept separate from and
20

shall not become a part of the official school record
21

of that child and shall not be a public record. The
22

information shall be used solely by the appropriate
23

school official or officials whom the school has
24

determined to have a legitimate educational or safety
25

interest to aid in the proper rehabilitation of the
26

child and to protect the safety of students and

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1

employees in the school. If the designated law
2

enforcement and school officials deem it to be in the
3

best interest of the minor, the student may be
4

referred to in-school or community-based social
5

services if those services are available.
6

"Rehabilitation services" may include interventions by
7

school support personnel, evaluation for eligibility
8

for special education, referrals to community-based
9

agencies such as youth services, behavioral healthcare
10

service providers, drug and alcohol prevention or
11

treatment programs, and other interventions as deemed
12

appropriate for the student.
13

(B) Any information provided to appropriate school
14

officials whom the school has determined to have a
15

legitimate educational or safety interest by local law
16

enforcement officials about a minor who is the subject
17

of a current police investigation that is directly
18

related to school safety shall consist of oral
19

information only, and not written juvenile law
20

enforcement records, and shall be used solely by the
21

appropriate school official or officials to protect
22

the safety of students and employees in the school and
23

aid in the proper rehabilitation of the child. The
24

information derived orally from the local law
25

enforcement officials shall be kept separate from and
26

shall not become a part of the official school record

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1

of the child and shall not be a public record. This
2

limitation on the use of information about a minor who
3

is the subject of a current police investigation shall
4

in no way limit the use of this information by
5

prosecutors in pursuing criminal charges arising out
6

of the information disclosed during a police
7

investigation of the minor. For purposes of this
8

paragraph, "investigation" means an official
9

systematic inquiry by a law enforcement agency into
10

actual or suspected criminal activity.
11

(9) Mental health professionals on behalf of the
12

Department of Corrections or the Department of Human
13

Services or prosecutors who are evaluating, prosecuting,
14

or investigating a potential or actual petition brought
15

under the Sexually Violent Persons Commitment Act relating
16

to a person who is the subject of juvenile law enforcement
17

records or the respondent to a petition brought under the
18

Sexually Violent Persons Commitment Act who is the subject
19

of the juvenile law enforcement records sought. Any
20

juvenile law enforcement records and any information
21

obtained from those juvenile law enforcement records under
22

this paragraph (9) may be used only in sexually violent
23

persons commitment proceedings.
24

(10) The president of a park district. Inspection and
25

copying shall be limited to juvenile law enforcement
26

records transmitted to the president of the park district

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by the Illinois State Police under Section 8-23 of the
2

Park District Code or Section 16a-5 of the Chicago Park
3

District Act concerning a person who is seeking employment
4

with that park district and who has been adjudicated a
5

juvenile delinquent for any of the offenses listed in
6

subsection (c) of Section 8-23 of the Park District Code
7

or subsection (c) of Section 16a-5 of the Chicago Park
8

District Act.
9

(11) Persons managing and designated to participate in
10

a court diversion program as designated in subsection (6)
11

of Section 5-105.
12

(12) The Public Access Counselor of the Office of the
13

Attorney General, when reviewing juvenile law enforcement
14

records under its powers and duties under the Freedom of
15

Information Act.
16

(13) Collection agencies, contracted or otherwise
17

engaged by a governmental entity, to collect any debts due
18

and owing to the governmental entity.
19

(B)(1) Except as provided in paragraph (2), no law
20
enforcement officer or other person or agency may knowingly
21
transmit to the Department of Corrections, the Illinois State
22
Police, or the Federal Bureau of Investigation any fingerprint
23
or photograph relating to a minor who has been arrested or
24
taken into custody before the minor's 18th birthday, unless
25
the court in proceedings under this Act authorizes the
26
transmission or enters an order under Section 5-805 permitting

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or requiring the institution of criminal proceedings.
2

(2) Law enforcement officers or other persons or agencies
3
shall transmit to the Illinois State Police copies of
4
fingerprints and descriptions of all minors who have been
5
arrested or taken into custody before their 18th birthday for
6
the offense of unlawful possession of weapons under Article 24
7
of the Criminal Code of 1961 or the Criminal Code of 2012, a
8
Class X or Class 1 felony, a forcible felony as defined in
9
Section 2-8 of the Criminal Code of 1961 or the Criminal Code
10
of 2012, or a Class 2 or greater felony under the Cannabis
11
Control Act, the Illinois Controlled Substances Act, the
12
Methamphetamine Control and Community Protection Act, or
13
Chapter 4 of the Illinois Vehicle Code, pursuant to Section 5
14
of the Criminal Identification Act. Information reported to
15
the Department pursuant to this Section may be maintained with
16
records that the Department files pursuant to Section 2.1 of
17
the Criminal Identification Act. Nothing in this Act prohibits
18
a law enforcement agency from fingerprinting a minor taken
19
into custody or arrested before the minor's 18th birthday for
20
an offense other than those listed in this paragraph (2).
21

(C) The records of law enforcement officers, or of an
22
independent agency created by ordinance and charged by a unit
23
of local government with the duty of investigating the conduct
24
of law enforcement officers, concerning all minors under 18
25
years of age must be maintained separate from the records of
26
arrests and may not be open to public inspection or their

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contents disclosed to the public. For purposes of obtaining
2
documents under this Section, a civil subpoena is not an order
3
of the court.
4

(1) In cases where the law enforcement, or independent
5

agency, records concern a pending juvenile court case, the
6

party seeking to inspect the records shall provide actual
7

notice to the attorney or guardian ad litem of the minor
8

whose records are sought.
9

(2) In cases where the records concern a juvenile
10

court case that is no longer pending, the party seeking to
11

inspect the records shall provide actual notice to the
12

minor or the minor's parent or legal guardian, and the
13

matter shall be referred to the chief judge presiding over
14

matters pursuant to this Act.
15

(3) In determining whether the records should be
16

available for inspection, the court shall consider the
17

minor's interest in confidentiality and rehabilitation
18

over the moving party's interest in obtaining the
19

information. Any records obtained in violation of this
20

subsection (C) shall not be admissible in any criminal or
21

civil proceeding, or operate to disqualify a minor from
22

subsequently holding public office or securing employment,
23

or operate as a forfeiture of any public benefit, right,
24

privilege, or right to receive any license granted by
25

public authority.
26

(D) Nothing contained in subsection (C) of this Section

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shall prohibit the inspection or disclosure to victims and
2
witnesses of photographs contained in the records of law
3
enforcement agencies when the inspection and disclosure is
4
conducted in the presence of a law enforcement officer for the
5
purpose of the identification or apprehension of any person
6
subject to the provisions of this Act or for the investigation
7
or prosecution of any crime.
8

(E) Law enforcement officers, and personnel of an
9
independent agency created by ordinance and charged by a unit
10
of local government with the duty of investigating the conduct
11
of law enforcement officers, may not disclose the identity of
12
any minor in releasing information to the general public as to
13
the arrest, investigation or disposition of any case involving
14
a minor.
15

(F) Nothing contained in this Section shall prohibit law
16
enforcement agencies from communicating with each other by
17
letter, memorandum, teletype, or intelligence alert bulletin
18
or other means the identity or other relevant information
19
pertaining to a person under 18 years of age if there are
20
reasonable grounds to believe that the person poses a real and
21
present danger to the safety of the public or law enforcement
22
officers. The information provided under this subsection (F)
23
shall remain confidential and shall not be publicly disclosed,
24
except as otherwise allowed by law.
25

(G) Nothing in this Section shall prohibit the right of a
26
Civil Service Commission or appointing authority of any

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1
federal government, state, county or municipality examining
2
the character and fitness of an applicant for employment with
3
a law enforcement agency, correctional institution, or fire
4
department from obtaining and examining the records of any law
5
enforcement agency relating to any record of the applicant
6
having been arrested or taken into custody before the
7
applicant's 18th birthday.
8

(G-5) Information identifying victims and alleged victims
9
of sex offenses shall not be disclosed or open to the public
10
under any circumstances. Nothing in this Section shall
11
prohibit the victim or alleged victim of any sex offense from
12
voluntarily disclosing this identity.
13

(H) The changes made to this Section by Public Act 98-61
14
apply to law enforcement records of a minor who has been
15
arrested or taken into custody on or after January 1, 2014 (the
16
effective date of Public Act 98-61).
17

(H-5) Nothing in this Section shall require any court or
18
adjudicative proceeding for traffic, boating, fish and game
19
law, or municipal and county ordinance violations to be closed
20
to the public.
21

(I) Willful violation of this Section is a Class C
22
misdemeanor and each violation is subject to a fine of $1,000.
23
This subsection (I) shall not apply to the person who is the
24
subject of the record.
25

(J) A person convicted of violating this Section is liable
26
for damages in the amount of $1,000 or actual damages,

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1
whichever is greater.
2
(Source: P.A. 102-538, eff. 8-20-21; 102-752, eff. 1-1-23;
3
102-813, eff. 5-13-22; 103-22, eff. 8-8-23; 103-822, eff.
4
1-1-25
.)

5

(705 ILCS 405/5-715)
6

Sec. 5-715.
Probation.
7

(1) The period of probation or conditional discharge shall
8
not exceed 5 years or until the minor has attained the age of
9
21 years, whichever is less, except as provided in this
10
Section for a minor who is found to be guilty for an offense
11
which is first degree murder. The juvenile court may terminate
12
probation or conditional discharge and discharge the minor at
13
any time if warranted by the conduct of the minor and the ends
14
of justice; provided, however, that the period of probation
15
for a minor who is found to be guilty for an offense which is
16
first degree murder shall be at least 5 years.
17

(1.1) The period of probation for a minor who is found
18
guilty of felony murder shall not exceed 4 years.

19

(1.5) The period of probation for a minor who is found
20
guilty of aggravated criminal sexual assault, criminal sexual
21
assault, or aggravated battery with a firearm shall be at
22
least 36 months. The period of probation for a minor who is
23
found to be guilty of any other Class X felony shall be at
24
least 24 months. The period of probation for a Class 1 or Class
25
2 forcible felony shall be at least 18 months. Regardless of

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1
the length of probation ordered by the court, for all offenses
2
under this subsection (1.5), the court shall schedule hearings
3
to determine whether it is in the best interest of the minor
4
and public safety to terminate probation after the minimum
5
period of probation has been served. In such a hearing, there
6
shall be a rebuttable presumption that it is in the best
7
interest of the minor and public safety to terminate
8
probation.
9

(2) The court may as a condition of probation or of
10
conditional discharge require that the minor:
11

(a) not violate any criminal statute of any
12

jurisdiction;
13

(b) make a report to and appear in person before any
14

person or agency as directed by the court;
15

(c) work or pursue a course of study or vocational
16

training;
17

(d) undergo medical or psychiatric treatment, rendered
18

by a psychiatrist or psychological treatment rendered by a
19

clinical psychologist or social work services rendered by
20

a clinical social worker, or treatment for drug addiction
21

or alcoholism;
22

(e) attend or reside in a facility established for the
23

instruction or residence of persons on probation;
24

(f) support the minor's dependents, if any;
25

(g) refrain from possessing a firearm or other
26

dangerous weapon, or an automobile;

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1

(h) permit the probation officer to visit the minor at
2

the minor's home or elsewhere;
3

(i) reside with the minor's parents or in a foster
4

home;
5

(j) attend school;
6

(j-5) with the consent of the superintendent of the
7

facility, attend an educational program at a facility
8

other than the school in which the offense was committed
9

if the minor committed a crime of violence as defined in
10

Section 2 of the Crime Victims Compensation Act in a
11

school, on the real property comprising a school, or
12

within 1,000 feet of the real property comprising a
13

school;
14

(k) attend a non-residential program for youth;
15

(l) make restitution under the terms of subsection (4)
16

of Section 5-710;
17

(m) provide nonfinancial contributions to the minor's
18

own support at home or in a foster home;
19

(n) perform some reasonable public or community
20

service that does not interfere with school hours,
21

school-related activities, or work commitments of the
22

minor or the minor's parent, guardian, or legal custodian;
23

(o) participate with community corrections programs
24

including unified delinquency intervention services
25

administered by the Department of Human Services subject
26

to Section 5 of the Children and Family Services Act;

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1

(p) (blank);
2

(q) serve a term of home confinement. In addition to
3

any other applicable condition of probation or conditional
4

discharge, the conditions of home confinement shall be
5

that the minor:
6

(i) remain within the interior premises of the
7

place designated for the minor's confinement during
8

the hours designated by the court;
9

(ii) admit any person or agent designated by the
10

court into the minor's place of confinement at any
11

time for purposes of verifying the minor's compliance
12

with the conditions of the minor's confinement; and
13

(iii) use an approved electronic monitoring device
14

if ordered by the court subject to Article 8A of
15

Chapter V of the Unified Code of Corrections;
16

(r) refrain from entering into a designated geographic
17

area except upon terms as the court finds appropriate. The
18

terms may include consideration of the purpose of the
19

entry, the time of day, other persons accompanying the
20

minor, and advance approval by a probation officer, if the
21

minor has been placed on probation, or advance approval by
22

the court, if the minor has been placed on conditional
23

discharge;
24

(s) refrain from having any contact, directly or
25

indirectly, with certain specified persons or particular
26

types of persons, including, but not limited to, members

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1

of street gangs and drug users or dealers;
2

(s-5) undergo a medical or other procedure to have a
3

tattoo symbolizing allegiance to a street gang removed
4

from the minor's body;
5

(t) refrain from having in the minor's body the
6

presence of any illicit drug prohibited by the Cannabis
7

Control Act, the Illinois Controlled Substances Act, or
8

the Methamphetamine Control and Community Protection Act,
9

unless prescribed by a physician, and shall submit samples
10

of the minor's blood or urine or both for tests to
11

determine the presence of any illicit drug; or
12

(u) comply with other conditions as may be ordered by
13

the court.
14

(3) The court may as a condition of probation or of
15
conditional discharge require that a minor found guilty on any
16
alcohol, cannabis, methamphetamine, or controlled substance
17
violation, refrain from acquiring a driver's license during
18
the period of probation or conditional discharge. If the minor
19
is in possession of a permit or license, the court may require
20
that the minor refrain from driving or operating any motor
21
vehicle during the period of probation or conditional
22
discharge, except as may be necessary in the course of the
23
minor's lawful employment.
24

(3.5) The court shall, as a condition of probation or of
25
conditional discharge, require that a minor found to be guilty
26
and placed on probation for reasons that include a violation

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1
of Section 3.02 or Section 3.03 of the Humane Care for Animals
2
Act or paragraph (4) of subsection (a) of Section 21-1 of the
3
Criminal Code of 2012 undergo medical or psychiatric treatment
4
rendered by a psychiatrist or psychological treatment rendered
5
by a clinical psychologist. The condition may be in addition
6
to any other condition.
7

(3.10) The court shall order that a minor placed on
8
probation or conditional discharge for a sex offense as
9
defined in the Sex Offender Management Board Act undergo and
10
successfully complete sex offender treatment. The treatment
11
shall be in conformance with the standards developed under the
12
Sex Offender Management Board Act and conducted by a treatment
13
provider approved by the Board.
14

(4) A minor on probation or conditional discharge shall be
15
given a certificate setting forth the conditions upon which
16
the minor is being released.
17

(5) (Blank).
18

(5.5) Jurisdiction over an offender may be transferred
19
from the sentencing court to the court of another circuit with
20
the concurrence of both courts. Further transfers or
21
retransfers of jurisdiction are also authorized in the same
22
manner. The court to which jurisdiction has been transferred
23
shall have the same powers as the sentencing court.
24

If the transfer case originated in another state and has
25
been transferred under the Interstate Compact for Juveniles to
26
the jurisdiction of an Illinois circuit court for supervision

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1
by an Illinois probation department, probation fees may be
2
imposed only if permitted by the Interstate Commission for
3
Juveniles.
4

(6) The General Assembly finds that in order to protect
5
the public, the juvenile justice system must compel compliance
6
with the conditions of probation by responding to violations
7
with swift, certain, and fair punishments and intermediate
8
sanctions. The Chief Judge of each circuit shall adopt a
9
system of structured, intermediate sanctions for violations of
10
the terms and conditions of a sentence of supervision,
11
probation, or conditional discharge, under this Act.
12

The court shall provide as a condition of a disposition of
13
probation, conditional discharge, or supervision, that the
14
probation agency may invoke any sanction from the list of
15
intermediate sanctions adopted by the chief judge of the
16
circuit court for violations of the terms and conditions of
17
the sentence of probation, conditional discharge, or
18
supervision, subject to the provisions of Section 5-720 of
19
this Act.
20

(7) Fines and assessments, including any fee or
21
administrative cost authorized under Section 5-4.5-105,
22
5-5-10, 5-6-3, 5-6-3.1, 5-7-6, 5-9-1.4, or 5-9-1.9 of the
23
Unified Code of Corrections, shall not be ordered or imposed
24
on a minor or the minor's parent, guardian, or legal custodian
25
as a condition of probation, conditional discharge, or
26
supervision. If the minor or the minor's parent, guardian, or

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1
legal custodian is unable to cover the cost of a condition
2
under this subsection, the court shall not preclude the minor
3
from receiving probation, conditional discharge, or
4
supervision based on the inability to pay. Inability to pay
5
shall not be grounds to object to the minor's placement on
6
probation, conditional discharge, or supervision.
7
(Source: P.A. 103-22, eff. 8-8-23; 103-379, eff. 7-28-23;
8
103-605, eff. 7-1-24.)

9

Section 15.
The Criminal Code of 2012 is amended by
10
changing Sections 8-2 and 9-1 and by adding Section 9-1.3 as
11
follows:

12

(720 ILCS 5/8-2)

(from Ch. 38, par. 8-2)
13

Sec. 8-2.
Conspiracy.
14

(a) Elements of the offense. A person commits the offense
15
of conspiracy when, with intent that an offense be committed,
16
he or she agrees with another to the commission of that
17
offense. No person may be convicted of conspiracy to commit an
18
offense unless an act in furtherance of that agreement is
19
alleged and proved to have been committed by him or her or by a
20
co-conspirator.
21

(b) Co-conspirators. It is not a defense to conspiracy
22
that the person or persons with whom the accused is alleged to
23
have conspired:
24

(1) have not been prosecuted or convicted,

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1

(2) have been convicted of a different offense,
2

(3) are not amenable to justice,
3

(4) have been acquitted, or
4

(5) lacked the capacity to commit an offense.
5

(c) Sentence.
6

(1) Except as otherwise provided in this subsection or
7

Code, a person convicted of conspiracy to commit:
8

(A) felony murder shall be sentenced for a Class X
9

felony;

10

(A-5)

(A)
a Class X felony shall be sentenced for a
11

Class 1 felony;
12

(B) a Class 1 felony shall be sentenced for a Class
13

2 felony;
14

(C) a Class 2 felony shall be sentenced for a Class
15

3 felony;
16

(D) a Class 3 felony shall be sentenced for a Class
17

4 felony;
18

(E) a Class 4 felony shall be sentenced for a Class
19

4 felony; and
20

(F) a misdemeanor may be fined or imprisoned or
21

both not to exceed the maximum provided for the
22

offense that is the object of the conspiracy.
23

(2) A person convicted of conspiracy to commit any of
24

the following offenses shall be sentenced for a Class X
25

felony:
26

(A) aggravated insurance fraud conspiracy when the

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1

person is an organizer of the conspiracy (720 ILCS
2

5/46-4); or
3

(B) aggravated governmental entity insurance fraud
4

conspiracy when the person is an organizer of the
5

conspiracy (720 ILCS 5/46-4).
6

(3) A person convicted of conspiracy to commit any of
7

the following offenses shall be sentenced for a Class 1
8

felony:
9

(A) first degree murder (720 ILCS 5/9-1); or
10

(B) aggravated insurance fraud (720 ILCS 5/46-3)
11

or aggravated governmental insurance fraud (720 ILCS
12

5/46-3).
13

(4) A person convicted of conspiracy to commit
14

insurance fraud (720 ILCS 5/46-3) or governmental entity
15

insurance fraud (720 ILCS 5/46-3) shall be sentenced for a
16

Class 2 felony.
17

(5) A person convicted of conspiracy to commit any of
18

the following offenses shall be sentenced for a Class 3
19

felony:
20

(A) soliciting for a person engaged in the sex
21

trade (720 ILCS 5/11-14.3(a)(1));
22

(B) pandering (720 ILCS 5/11-14.3(a)(2)(A) or
23

5/11-14.3(a)(2)(B));
24

(C) keeping a place of prostitution (720 ILCS
25

5/11-14.3(a)(1));
26

(D) pimping (720 ILCS 5/11-14.3(a)(2)(C));

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1

(E) unlawful possession of weapons under Section
2

24-1(a)(1) (720 ILCS 5/24-1(a)(1));
3

(F) unlawful possession of weapons under Section
4

24-1(a)(7) (720 ILCS 5/24-1(a)(7));
5

(G) gambling (720 ILCS 5/28-1);
6

(H) keeping a gambling place (720 ILCS 5/28-3);
7

(I) registration of federal gambling stamps
8

violation (720 ILCS 5/28-4);
9

(J) look-alike substances violation (720 ILCS
10

570/404);
11

(K) miscellaneous controlled substance violation
12

under Section 406(b) (720 ILCS 570/406(b)); or
13

(L) an inchoate offense related to any of the
14

principal offenses set forth in this item (5).
15
(Source: P.A. 103-822, eff. 1-1-25; 103-1071, eff. 7-1-25;
16
revised 6-11-25.)

17

(720 ILCS 5/9-1)

(from Ch. 38, par. 9-1)
18

Sec. 9-1.
First degree murder.
19

(a) A person who kills an individual without lawful
20
justification commits first degree murder if, in performing
21
the acts which cause the death:
22

(1) he or she either intends to kill or do great bodily
23

harm to that individual or another, or knows that such
24

acts will cause death to that individual or another; or
25

(2) he or she knows that such acts create a strong

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1

probability of death or great bodily harm to that
2

individual or another; or
3

(3)
(blank).

he or she, acting alone or with one or
4

more participants, commits or attempts to commit a
5

forcible felony other than second degree murder, and in
6

the course of or in furtherance of such crime or flight
7

therefrom, he or she or another participant causes the
8

death of a person.

9

(b) (Blank).
10

(b-5) (Blank).
11

(c) (Blank).
12

(d) (Blank).
13

(e) (Blank).
14

(f) (Blank).
15

(g) (Blank).
16

(h) (Blank).
17

(h-5) (Blank).
18

(i) (Blank).
19

(j) (Blank).
20

(k) (Blank).
21
(Source: P.A. 103-51, eff. 1-1-24; 103-605, eff. 7-1-24.)

22

(720 ILCS 5/9-1.3 new)
23

Sec. 9-1.3.
Felony murder.
24

(a) A person commits felony murder when he or she, acting
25
alone or with one or more participants, commits or attempts to

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1
commit a forcible felony, other than second degree murder, and
2
in the course of or in furtherance of that crime or flight from
3
that crime, he or she or another participant causes the death
4
of a person, other than one of the participants.
5

(b) Sentence. Felony murder is a separate class of felony
6
and shall be punished as provided in Section 5-4.5-21 of the
7
Unified Code of Corrections.

8

Section 20.
The Code of Criminal Procedure of 1963 is
9
amended by changing Sections 104-25 and 110-6.1 as follows:

10

(725 ILCS 5/104-25)

(from Ch. 38, par. 104-25)
11

Sec. 104-25.
Discharge hearing.
12

(a) As provided for in paragraph (a) of Section 104-23 and
13
subparagraph (1) of paragraph (b) of Section 104-23 a hearing
14
to determine the sufficiency of the evidence shall be held.
15
Such hearing shall be conducted by the court without a jury.
16
The State and the defendant may introduce evidence relevant to
17
the question of defendant's guilt of the crime charged.
18

The court may admit hearsay or affidavit evidence on
19
secondary matters such as testimony to establish the chain of
20
possession of physical evidence, laboratory reports,
21
authentication of transcripts taken by official reporters,
22
court and business records, and public documents.
23

(b) If the evidence does not prove the defendant guilty
24
beyond a reasonable doubt, the court shall enter a judgment of

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1
acquittal; however nothing herein shall prevent the State from
2
requesting the court to commit the defendant to the Department
3
of Human Services under the provisions of the Mental Health
4
and Developmental Disabilities Code.
5

(c) If the defendant is found not guilty by reason of
6
insanity, the court shall enter a judgment of acquittal and
7
the proceedings after acquittal by reason of insanity under
8
Section 5-2-4 of the Unified Code of Corrections shall apply.
9

(d) If the discharge hearing does not result in an
10
acquittal of the charge the defendant may be remanded for
11
further treatment and the one year time limit set forth in
12
Section 104-23 shall be extended as follows:

13

(1) If the most serious charge upon which the State
14

sustained its burden of proof was
felony murder,
a Class
15

1
,
or Class X felony, the treatment period may be extended
16

up to a maximum treatment period of 2 years; if a Class 2,
17

3, or 4 felony, the treatment period may be extended up to
18

a maximum of 15 months;

19

(2) If the State sustained its burden of proof on a
20

charge of first degree murder, the treatment period may be
21

extended up to a maximum treatment period of 5 years.
22

(e) Transcripts of testimony taken at a discharge hearing
23
may be admitted in evidence at a subsequent trial of the case,
24
subject to the rules of evidence, if the witness who gave such
25
testimony is legally unavailable at the time of the subsequent
26
trial.

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(f) If the court fails to enter an order of acquittal the
2
defendant may appeal from such judgment in the same manner
3
provided for an appeal from a conviction in a criminal case.
4

(g) At the expiration of an extended period of treatment
5
ordered pursuant to this Section:

6

(1) Upon a finding that the defendant is fit or can be
7

rendered fit consistent with Section 104-22, the court may
8

proceed with trial.

9

(2) If the defendant continues to be unfit to stand
10

trial, the court shall determine whether he or she is
11

subject to involuntary admission under the Mental Health
12

and Developmental Disabilities Code or constitutes a
13

serious threat to the public safety. If so found, the
14

defendant shall be remanded to the Department of Human
15

Services for further treatment and shall be treated in the
16

same manner as a civilly committed patient for all
17

purposes, except that the original court having
18

jurisdiction over the defendant shall be required to
19

approve any conditional release or discharge of the
20

defendant, for the period of commitment equal to the
21

maximum sentence to which the defendant would have been
22

subject had he or she been convicted in a criminal
23

proceeding. During this period of commitment, the original
24

court having jurisdiction over the defendant shall hold
25

hearings under clause (i) of this paragraph (2). However,
26

if the defendant is remanded to the Department of Human

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1

Services, the defendant shall be placed in a secure
2

setting unless the court determines that there are
3

compelling reasons why such placement is not necessary.

4

If the defendant does not have a current treatment
5

plan, then within 3 days of admission under this
6

subdivision (g)(2), a treatment plan shall be prepared for
7

each defendant and entered into his or her record. The
8

plan shall include (i) an assessment of the defendant's
9

treatment needs, (ii) a description of the services
10

recommended for treatment, (iii) the goals of each type of
11

element of service, (iv) an anticipated timetable for the
12

accomplishment of the goals, and (v) a designation of the
13

qualified professional responsible for the implementation
14

of the plan. The plan shall be reviewed and updated as the
15

clinical condition warrants, but not less than every 30
16

days.

17

Every 90 days after the initial admission under this
18

subdivision (g)(2), the facility director shall file a
19

typed treatment plan report with the original court having
20

jurisdiction over the defendant. The report shall include
21

an opinion as to whether the defendant is fit to stand
22

trial and whether the defendant is currently subject to
23

involuntary admission, in need of mental health services
24

on an inpatient basis, or in need of mental health
25

services on an outpatient basis. The report shall also
26

summarize the basis for those findings and provide a

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current summary of the 5 items required in a treatment
2

plan. A copy of the report shall be forwarded to the clerk
3

of the court, the State's Attorney, and the defendant's
4

attorney if the defendant is represented by counsel.

5

The court on its own motion may order a hearing to
6

review the treatment plan. The defendant or the State's
7

Attorney may request a treatment plan review every 90 days
8

and the court shall review the current treatment plan to
9

determine whether the plan complies with the requirements
10

of this Section. The court may order an independent
11

examination on its own initiative and shall order such an
12

evaluation if either the recipient or the State's Attorney
13

so requests and has demonstrated to the court that the
14

plan cannot be effectively reviewed by the court without
15

such an examination. Under no circumstances shall the
16

court be required to order an independent examination
17

pursuant to this Section more than once each year. The
18

examination shall be conducted by a psychiatrist or
19

clinical psychologist as defined in Section 1-103 of the
20

Mental Health and Developmental Disabilities Code who is
21

not in the employ of the Department of Human Services.

22

If, during the period within which the defendant is
23

confined in a secure setting, the court enters an order
24

that requires the defendant to appear, the court shall
25

timely transmit a copy of the order or writ to the director
26

of the particular Department of Human Services facility

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where the defendant resides authorizing the transportation
2

of the defendant to the court for the purpose of the
3

hearing.

4

(i) 180 days after a defendant is remanded to the
5

Department of Human Services, under paragraph (2), and
6

every 180 days thereafter for so long as the defendant
7

is confined under the order entered thereunder, the
8

court shall set a hearing and shall direct that notice
9

of the time and place of the hearing be served upon the
10

defendant, the facility director, the State's
11

Attorney, and the defendant's attorney. If requested
12

by either the State or the defense or if the court
13

determines that it is appropriate, an impartial
14

examination of the defendant by a psychiatrist or
15

clinical psychologist as defined in Section 1-103 of
16

the Mental Health and Developmental Disabilities Code
17

who is not in the employ of the Department of Human
18

Services shall be ordered, and the report considered
19

at the time of the hearing. If the defendant is not
20

currently represented by counsel the court shall
21

appoint the public defender to represent the defendant
22

at the hearing. The court shall make a finding as to
23

whether the defendant is:

24

(A) subject to involuntary admission; or

25

(B) in need of mental health services in the
26

form of inpatient care; or

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(C) in need of mental health services but not
2

subject to involuntary admission nor inpatient
3

care.

4

The findings of the court shall be established by
5

clear and convincing evidence and the burden of proof
6

and the burden of going forward with the evidence
7

shall rest with the State's Attorney. Upon finding by
8

the court, the court shall enter its findings and an
9

appropriate order.

10

(ii) The terms "subject to involuntary admission",
11

"in need of mental health services in the form of
12

inpatient care" and "in need of mental health services
13

but not subject to involuntary admission nor inpatient
14

care" shall have the meanings ascribed to them in
15

clause (d)(3) of Section 5-2-4 of the Unified Code of
16

Corrections.

17

(3) If the defendant is not committed pursuant to this
18

Section, he or she shall be released.

19

(4) In no event may the treatment period be extended
20

to exceed the maximum sentence to which a defendant would
21

have been subject had he or she been convicted in a
22

criminal proceeding. For purposes of this Section, the
23

maximum sentence shall be determined by Section 5-8-1 (730
24

ILCS 5/5-8-1) or Article 4.5 of Chapter V of the "Unified
25

Code of Corrections", excluding any sentence of natural
26

life.

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1
(Source: P.A. 95-1052, eff. 7-1-09
.)

2

(725 ILCS 5/110-6.1)

(from Ch. 38, par. 110-6.1)
3

Sec. 110-6.1.
Denial of pretrial release.
4

(a) Upon verified petition by the State, the court shall
5
hold a hearing and may deny a defendant pretrial release only
6
if:
7

(1) the defendant is charged with a felony offense
8

other than a forcible felony for which, based on the
9

charge or the defendant's criminal history, a sentence of
10

imprisonment, without probation, periodic imprisonment, or
11

conditional discharge, is required by law upon conviction,
12

and it is alleged that the defendant's pretrial release
13

poses a real and present threat to the safety of any person
14

or persons or the community, based on the specific
15

articulable facts of the case;
16

(1.5) the defendant's pretrial release poses a real
17

and present threat to the safety of any person or persons
18

or the community, based on the specific articulable facts
19

of the case, and the defendant is charged with a forcible
20

felony, which as used in this Section, means treason,
21

first degree murder,
felony murder,
second degree murder,
22

predatory criminal sexual assault of a child, aggravated
23

criminal sexual assault, criminal sexual assault, armed
24

robbery, aggravated robbery, robbery, burglary where there
25

is use of force against another person, residential

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1

burglary, home invasion, vehicular invasion, aggravated
2

arson, arson, aggravated kidnaping, kidnaping, aggravated
3

battery resulting in great bodily harm or permanent
4

disability or disfigurement, or any other felony which
5

involves the threat of or infliction of great bodily harm
6

or permanent disability or disfigurement;
7

(2) the defendant is charged with stalking or
8

aggravated stalking, and it is alleged that the
9

defendant's pre-trial release poses a real and present
10

threat to the safety of a victim of the alleged offense,
11

and denial of release is necessary to prevent fulfillment
12

of the threat upon which the charge is based;
13

(3) the defendant is charged with a violation of an
14

order of protection issued under Section 112A-14 of this
15

Code or Section 214 of the Illinois Domestic Violence Act
16

of 1986, a stalking no contact order under Section 80 of
17

the Stalking No Contact Order Act, or a civil no contact
18

order under Section 213 of the Civil No Contact Order Act,
19

and it is alleged that the defendant's pretrial release
20

poses a real and present threat to the safety of any person
21

or persons or the community, based on the specific
22

articulable facts of the case;
23

(4) the defendant is charged with domestic battery or
24

aggravated domestic battery under Section 12-3.2 or 12-3.3
25

of the Criminal Code of 2012 and it is alleged that the
26

defendant's pretrial release poses a real and present

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1

threat to the safety of any person or persons or the
2

community, based on the specific articulable facts of the
3

case;
4

(5) the defendant is charged with any offense under
5

Article 11 of the Criminal Code of 2012, except for
6

Sections 11-14, 11-14.1, 11-18, 11-20, 11-30, 11-35,
7

11-40, and 11-45 of the Criminal Code of 2012, or similar
8

provisions of the Criminal Code of 1961 and it is alleged
9

that the defendant's pretrial release poses a real and
10

present threat to the safety of any person or persons or
11

the community, based on the specific articulable facts of
12

the case;
13

(6) the defendant is charged with any of the following
14

offenses under the Criminal Code of 2012, and it is
15

alleged that the defendant's pretrial release poses a real
16

and present threat to the safety of any person or persons
17

or the community, based on the specific articulable facts
18

of the case:
19

(A) Section 24-1.2 (aggravated discharge of a
20

firearm);
21

(B) Section 24-1.2-5 (aggravated discharge of a
22

machine gun or a firearm equipped with a device
23

designed or used for silencing the report of a
24

firearm);
25

(C) Section 24-1.5 (reckless discharge of a
26

firearm);

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1

(D) Section 24-1.7 (unlawful possession of a
2

firearm by a repeat felony offender);
3

(E) Section 24-2.2 (manufacture, sale, or transfer
4

of bullets or shells represented to be armor piercing
5

bullets, dragon's breath shotgun shells, bolo shells,
6

or flechette shells);
7

(F) Section 24-3 (unlawful sale or delivery of
8

firearms);
9

(G) Section 24-3.3 (unlawful sale or delivery of
10

firearms on the premises of any school);
11

(H) Section 24-34 (unlawful sale of firearms by
12

liquor license);
13

(I) Section 24-3.5 (unlawful purchase of a
14

firearm);
15

(J) Section 24-3A (gunrunning);
16

(K) Section 24-3B (firearms trafficking);
17

(L) Section 10-9 (b) (involuntary servitude);
18

(M) Section 10-9 (c) (involuntary sexual servitude
19

of a minor);
20

(N) Section 10-9(d) (trafficking in persons);
21

(O) Non-probationable violations: (i) unlawful
22

possession of weapons by felons or persons in the
23

Custody of the Department of Corrections facilities
24

(Section 24-1.1), (ii) aggravated unlawful possession
25

of a weapon (Section 24-1.6), or (iii) aggravated
26

possession of a stolen firearm (Section 24-3.9);

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1

(P) Section 9-3 (reckless homicide and involuntary
2

manslaughter);
3

(Q) Section 19-3 (residential burglary);
4

(R) Section 10-5 (child abduction);
5

(S) Felony violations of Section 12C-5 (child
6

endangerment);
7

(T) Section 12-7.1 (hate crime);
8

(U) Section 10-3.1 (aggravated unlawful
9

restraint);
10

(V) Section 12-9 (threatening a public official);
11

(W) Subdivision (f)(1) of Section 12-3.05
12

(aggravated battery with a deadly weapon other than by
13

discharge of a firearm);
14

(6.5) the defendant is charged with any of the
15

following offenses, and it is alleged that the defendant's
16

pretrial release poses a real and present threat to the
17

safety of any person or persons or the community, based on
18

the specific articulable facts of the case:
19

(A) Felony violations of Sections 3.01, 3.02, or
20

3.03 of the Humane Care for Animals Act (cruel
21

treatment, aggravated cruelty, and animal torture);
22

(B) Subdivision (d)(1)(B) of Section 11-501 of the
23

Illinois Vehicle Code (aggravated driving under the
24

influence while operating a school bus with
25

passengers);
26

(C) Subdivision (d)(1)(C) of Section 11-501 of the

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1

Illinois Vehicle Code (aggravated driving under the
2

influence causing great bodily harm);
3

(D) Subdivision (d)(1)(D) of Section 11-501 of the
4

Illinois Vehicle Code (aggravated driving under the
5

influence after a previous reckless homicide
6

conviction);
7

(E) Subdivision (d)(1)(F) of Section 11-501 of the
8

Illinois Vehicle Code (aggravated driving under the
9

influence leading to death); or
10

(F) Subdivision (d)(1)(J) of Section 11-501 of the
11

Illinois Vehicle Code (aggravated driving under the
12

influence that resulted in bodily harm to a child
13

under the age of 16);
14

(7) the defendant is charged with an attempt to commit
15

any charge listed in paragraphs (1) through (6.5), and it
16

is alleged that the defendant's pretrial release poses a
17

real and present threat to the safety of any person or
18

persons or the community, based on the specific
19

articulable facts of the case; or
20

(8) the person has a high likelihood of willful flight
21

to avoid prosecution and is charged with:
22

(A) Any felony described in subdivisions (a)(1)
23

through (a)(7) of this Section; or
24

(B) A felony offense other than a Class 4 offense.
25

(b) If the charged offense is a felony, as part of the
26
detention hearing, the court shall determine whether there is

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1
probable cause the defendant has committed an offense, unless
2
a hearing pursuant to Section 109-3 of this Code has already
3
been held or a grand jury has returned a true bill of
4
indictment against the defendant. If there is a finding of no
5
probable cause, the defendant shall be released. No such
6
finding is necessary if the defendant is charged with a
7
misdemeanor.
8

(c) Timing of petition.
9

(1) A petition may be filed without prior notice to
10

the defendant at the first appearance before a judge, or
11

within the 21 calendar days, except as provided in Section
12

110-6, after arrest and release of the defendant upon
13

reasonable notice to defendant; provided that while such
14

petition is pending before the court, the defendant if
15

previously released shall not be detained.
16

(2) Upon filing, the court shall immediately hold a
17

hearing on the petition unless a continuance is requested.
18

If a continuance is requested and granted, the hearing
19

shall be held within 48 hours of the defendant's first
20

appearance if the defendant is charged with first degree
21

murder or a Class X, Class 1, Class 2, or Class 3 felony,
22

and within 24 hours if the defendant is charged with a
23

Class 4 or misdemeanor offense. The Court may deny or
24

grant the request for continuance. If the court decides to
25

grant the continuance, the Court retains the discretion to
26

detain or release the defendant in the time between the

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1

filing of the petition and the hearing.
2

(d) Contents of petition.
3

(1) The petition shall be verified by the State and
4

shall state the grounds upon which it contends the
5

defendant should be denied pretrial release, including the
6

real and present threat to the safety of any person or
7

persons or the community, based on the specific
8

articulable facts or flight risk, as appropriate.
9

(2) If the State seeks to file a second or subsequent
10

petition under this Section, the State shall be required
11

to present a verified application setting forth in detail
12

any new facts not known or obtainable at the time of the
13

filing of the previous petition.
14

(e) Eligibility: All defendants shall be presumed eligible
15
for pretrial release, and the State shall bear the burden of
16
proving by clear and convincing evidence that:
17

(1) the proof is evident or the presumption great that
18

the defendant has committed an offense listed in
19

subsection (a), and
20

(2) for offenses listed in paragraphs (1) through (7)
21

of subsection (a), the defendant poses a real and present
22

threat to the safety of any person or persons or the
23

community, based on the specific articulable facts of the
24

case, by conduct which may include, but is not limited to,
25

a forcible felony, the obstruction of justice,
26

intimidation, injury, or abuse as defined by paragraph (1)

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1

of Section 103 of the Illinois Domestic Violence Act of
2

1986, and
3

(3) no condition or combination of conditions set
4

forth in subsection (b) of Section 110-10 of this Article
5

can mitigate (i) the real and present threat to the safety
6

of any person or persons or the community, based on the
7

specific articulable facts of the case, for offenses
8

listed in paragraphs (1) through (7) of subsection (a), or
9

(ii) the defendant's willful flight for offenses listed in
10

paragraph (8) of subsection (a), and
11

(4) for offenses under subsection (b) of Section 407
12

of the Illinois Controlled Substances Act that are subject
13

to paragraph (1) of subsection (a), no condition or
14

combination of conditions set forth in subsection (b) of
15

Section 110-10 of this Article can mitigate the real and
16

present threat to the safety of any person or persons or
17

the community, based on the specific articulable facts of
18

the case, and the defendant poses a serious risk to not
19

appear in court as required.
20

(f) Conduct of the hearings.
21

(1) Prior to the hearing, the State shall tender to
22

the defendant copies of the defendant's criminal history
23

available, any written or recorded statements, and the
24

substance of any oral statements made by any person, if
25

relied upon by the State in its petition, and any police
26

reports in the prosecutor's possession at the time of the

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1

hearing.
2

(2) The State or defendant may present evidence at the
3

hearing by way of proffer based upon reliable information.
4

(3) The defendant has the right to be represented by
5

counsel, and if he or she is indigent, to have counsel
6

appointed for him or her. The defendant shall have the
7

opportunity to testify, to present witnesses on his or her
8

own behalf, and to cross-examine any witnesses that are
9

called by the State. Defense counsel shall be given
10

adequate opportunity to confer with the defendant before
11

any hearing at which conditions of release or the
12

detention of the defendant are to be considered, with an
13

accommodation for a physical condition made to facilitate
14

attorney/client consultation. If defense counsel needs to
15

confer or consult with the defendant during any hearing
16

conducted via a 2-way audio-visual communication system,
17

such consultation shall not be recorded and shall be
18

undertaken consistent with constitutional protections.
19

(3.5) A hearing at which pretrial release may be
20

denied must be conducted in person (and not by way of 2-way
21

audio visual communication) unless the accused waives the
22

right to be present physically in court, the court
23

determines that the physical health and safety of any
24

person necessary to the proceedings would be endangered by
25

appearing in court, or the chief judge of the circuit
26

orders use of that system due to operational challenges in

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1

conducting the hearing in person. Such operational
2

challenges must be documented and approved by the chief
3

judge of the circuit, and a plan to address the challenges
4

through reasonable efforts must be presented and approved
5

by the Administrative Office of the Illinois Courts every
6

6 months.
7

(4) If the defense seeks to compel the complaining
8

witness to testify as a witness in its favor, it shall
9

petition the court for permission. When the ends of
10

justice so require, the court may exercise its discretion
11

and compel the appearance of a complaining witness. The
12

court shall state on the record reasons for granting a
13

defense request to compel the presence of a complaining
14

witness only on the issue of the defendant's pretrial
15

detention. In making a determination under this Section,
16

the court shall state on the record the reason for
17

granting a defense request to compel the presence of a
18

complaining witness, and only grant the request if the
19

court finds by clear and convincing evidence that the
20

defendant will be materially prejudiced if the complaining
21

witness does not appear. Cross-examination of a
22

complaining witness at the pretrial detention hearing for
23

the purpose of impeaching the witness' credibility is
24

insufficient reason to compel the presence of the witness.
25

In deciding whether to compel the appearance of a
26

complaining witness, the court shall be considerate of the

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1

emotional and physical well-being of the witness. The
2

pre-trial detention hearing is not to be used for purposes
3

of discovery, and the post arraignment rules of discovery
4

do not apply. The State shall tender to the defendant,
5

prior to the hearing, copies, if any, of the defendant's
6

criminal history, if available, and any written or
7

recorded statements and the substance of any oral
8

statements made by any person, if in the State's
9

Attorney's possession at the time of the hearing.
10

(5) The rules concerning the admissibility of evidence
11

in criminal trials do not apply to the presentation and
12

consideration of information at the hearing. At the trial
13

concerning the offense for which the hearing was conducted
14

neither the finding of the court nor any transcript or
15

other record of the hearing shall be admissible in the
16

State's case-in-chief, but shall be admissible for
17

impeachment, or as provided in Section 115-10.1 of this
18

Code, or in a perjury proceeding.
19

(6) The defendant may not move to suppress evidence or
20

a confession, however, evidence that proof of the charged
21

crime may have been the result of an unlawful search or
22

seizure, or both, or through improper interrogation, is
23

relevant in assessing the weight of the evidence against
24

the defendant.
25

(7) Decisions regarding release, conditions of
26

release, and detention prior to trial must be

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1

individualized, and no single factor or standard may be
2

used exclusively to order detention. Risk assessment tools
3

may not be used as the sole basis to deny pretrial release.
4

(g) Factors to be considered in making a determination of
5
dangerousness. The court may, in determining whether the
6
defendant poses a real and present threat to the safety of any
7
person or persons or the community, based on the specific
8
articulable facts of the case, consider, but shall not be
9
limited to, evidence or testimony concerning:
10

(1) The nature and circumstances of any offense
11

charged, including whether the offense is a crime of
12

violence, involving a weapon, or a sex offense.
13

(2) The history and characteristics of the defendant
14

including:
15

(A) Any evidence of the defendant's prior criminal
16

history indicative of violent, abusive, or assaultive
17

behavior, or lack of such behavior. Such evidence may
18

include testimony or documents received in juvenile
19

proceedings, criminal, quasi-criminal, civil
20

commitment, domestic relations, or other proceedings.
21

(B) Any evidence of the defendant's psychological,
22

psychiatric or other similar social history which
23

tends to indicate a violent, abusive, or assaultive
24

nature, or lack of any such history.
25

(3) The identity of any person or persons to whose
26

safety the defendant is believed to pose a threat, and the

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nature of the threat.
2

(4) Any statements made by, or attributed to the
3

defendant, together with the circumstances surrounding
4

them.
5

(5) The age and physical condition of the defendant.
6

(6) The age and physical condition of any victim or
7

complaining witness.
8

(7) Whether the defendant is known to possess or have
9

access to any weapon or weapons.
10

(8) Whether, at the time of the current offense or any
11

other offense or arrest, the defendant was on probation,
12

parole, aftercare release, mandatory supervised release,
13

or other release from custody pending trial, sentencing,
14

appeal, or completion of sentence for an offense under
15

federal or State law.
16

(9) Any other factors, including those listed in
17

Section 110-5 of this Article deemed by the court to have a
18

reasonable bearing upon the defendant's propensity or
19

reputation for violent, abusive, or assaultive behavior,
20

or lack of such behavior.
21

(h) Detention order. The court shall, in any order for
22
detention:
23

(1) make a written finding summarizing the court's
24

reasons for concluding that the defendant should be denied
25

pretrial release, including why less restrictive
26

conditions would not avoid a real and present threat to

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the safety of any person or persons or the community,
2

based on the specific articulable facts of the case, or
3

prevent the defendant's willful flight from prosecution;
4

(2) direct that the defendant be committed to the
5

custody of the sheriff for confinement in the county jail
6

pending trial;
7

(3) direct that the defendant be given a reasonable
8

opportunity for private consultation with counsel, and for
9

communication with others of his or her choice by
10

visitation, mail and telephone; and
11

(4) direct that the sheriff deliver the defendant as
12

required for appearances in connection with court
13

proceedings.
14

(i) Detention. If the court enters an order for the
15
detention of the defendant pursuant to subsection (e) of this
16
Section, the defendant shall be brought to trial on the
17
offense for which he is detained within 90 days after the date
18
on which the order for detention was entered. If the defendant
19
is not brought to trial within the 90-day period required by
20
the preceding sentence, he shall not be denied pretrial
21
release. In computing the 90-day period, the court shall omit
22
any period of delay resulting from a continuance granted at
23
the request of the defendant and any period of delay resulting
24
from a continuance granted at the request of the State with
25
good cause shown pursuant to Section 103-5.
26

(i-5) At each subsequent appearance of the defendant

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before the court, the judge must find that continued detention
2
is necessary to avoid a real and present threat to the safety
3
of any person or persons or the community, based on the
4
specific articulable facts of the case, or to prevent the
5
defendant's willful flight from prosecution.
6

(j) Rights of the defendant. The defendant shall be
7
entitled to appeal any order entered under this Section
8
denying his or her pretrial release.
9

(k) Appeal. The State may appeal any order entered under
10
this Section denying any motion for denial of pretrial
11
release.
12

(l) Presumption of innocence. Nothing in this Section
13
shall be construed as modifying or limiting in any way the
14
defendant's presumption of innocence in further criminal
15
proceedings.
16

(m) Interest of victims.
17

(1) Crime victims shall be given notice by the State's
18

Attorney's office of this hearing as required in paragraph
19

(1) of subsection (b) of Section 4.5 of the Rights of Crime
20

Victims and Witnesses Act and shall be informed of their
21

opportunity at this hearing to obtain a protective order.
22

(2) If the defendant is denied pretrial release, the
23

court may impose a no contact provision with the victim or
24

other interested party that shall be enforced while the
25

defendant remains in custody.
26
(Source: P.A. 103-822, eff. 1-1-25; 104-417, eff. 8-15-25.)

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Section 25.
The Unified Code of Corrections is amended by
2
changing Sections 3-2.5-80, 3-14-2, 5-4.5-10, 5-4.5-95, 5-7-1,
3
and 5-8-1 and by adding Section 5-4.5-21 as follows:

4

(730 ILCS 5/3-2.5-80)
5

Sec. 3-2.5-80.
Supervision on aftercare release.
6

(a) The Department shall retain custody of all youth
7
placed on aftercare release or released under Section 3-2.5-85
8
or 3-3-10 of this Code. The Department shall supervise those
9
youth during their aftercare release period in accordance with
10
the conditions set by the Department or Prisoner Review Board.
11

(b) A copy of youth's conditions of aftercare release
12
shall be signed by the youth and given to the youth and to his
13
or her aftercare specialist who shall report on the youth's
14
progress under the rules of the Department. Aftercare
15
specialists and supervisors shall have the full power of peace
16
officers in the retaking of any releasee who has allegedly
17
violated his or her aftercare release conditions. The
18
aftercare specialist may request the Department of Juvenile
19
Justice to issue a warrant for the arrest of any releasee who
20
has allegedly violated his or her aftercare release
21
conditions.
22

(c) The aftercare supervisor shall request the Department
23
of Juvenile Justice to issue an aftercare release violation
24
warrant, and the Department of Juvenile Justice shall issue an

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aftercare release violation warrant, under the following
2
circumstances:
3

(1) if the releasee has a subsequent delinquency
4

petition filed against him or her alleging commission of
5

an act that constitutes a felony using a firearm or knife;
6

(2) if the releasee is required to and fails to comply
7

with the requirements of the Sex Offender Registration
8

Act;
9

(3) (blank); or
10

(4) if the releasee is on aftercare release for a
11

murder,
a felony murder,
a Class X felony
,
or a Class 1
12

felony violation of the Criminal Code of 2012, or any
13

felony that requires registration as a sex offender under
14

the Sex Offender Registration Act and a subsequent
15

delinquency petition is filed against him or her alleging
16

commission of an act that constitutes first degree murder,
17

a felony murder,
a Class X felony, a Class 1 felony, a
18

Class 2 felony, or a Class 3 felony.
19

Personnel designated by the Department of Juvenile Justice
20
or another peace officer may detain an alleged aftercare
21
release violator until a warrant for his or her return to the
22
Department of Juvenile Justice can be issued. The releasee may
23
be delivered to any secure place until he or she can be
24
transported to the Department of Juvenile Justice. The
25
aftercare specialist or the Department of Juvenile Justice
26
shall file a violation report with notice of charges with the

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Department.
2

(d) The aftercare specialist shall regularly advise and
3
consult with the releasee and assist the youth in adjusting to
4
community life in accord with this Section.
5

(e) If the aftercare releasee has been convicted of a sex
6
offense as defined in the Sex Offender Management Board Act,
7
the aftercare specialist shall periodically, but not less than
8
once a month, verify that the releasee is in compliance with
9
paragraph (7.6) of subsection (a) of Section 3-3-7.
10

(f) The aftercare specialist shall keep those records as
11
the Department may require. All records shall be entered in
12
the master file of the youth.
13
(Source: P.A. 98-558, eff. 1-1-14; 99-268, eff. 1-1-16;
14
99-628, eff. 1-1-17
.)

15

(730 ILCS 5/3-14-2)

(from Ch. 38, par. 1003-14-2)
16

Sec. 3-14-2.
Supervision on Parole, Mandatory Supervised
17
Release and Release by Statute.
18

(a) The Department shall retain custody of all persons
19
placed on parole or mandatory supervised release or released
20
pursuant to Section 3-3-10 of this Code and shall supervise
21
such persons during their parole or release period in accord
22
with the conditions set by the Prisoner Review Board. When
23
setting conditions, the Prisoner Review Board shall make an
24
individualized assessment as to what conditions are
25
appropriate based on the risk and needs assessment, program

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1
participation and completion, assignment history while
2
incarcerated, and behavior history during the period of the
3
incarceration and involve only such deprivations of liberty or
4
property as are reasonably necessary to protect the public
5
from the person's conduct in the underlying conviction or
6
violation. In determining conditions, the Prisoner Review
7
Board shall also consider the reasonableness of imposing
8
additional conditions on the person and the extent to which
9
the conditions impact the person's work, education, community
10
service, financial, and family caregiving obligations. Such
11
conditions shall include referral to an alcohol or drug abuse
12
treatment program, as appropriate, if such person has
13
previously been identified as having an alcohol or drug abuse
14
problem. Such conditions may include that the person use an
15
approved electronic monitoring device subject to Article 8A of
16
Chapter V.
17

(b) The Department shall assign personnel to assist
18
persons eligible for parole in preparing a parole plan. Such
19
Department personnel shall make a report of their efforts and
20
findings to the Prisoner Review Board prior to its
21
consideration of the case of such eligible person.
22

(c) A copy of the conditions of his parole or release shall
23
be signed by the parolee or releasee and given to him and to
24
his supervising officer who shall report on his progress under
25
the rules and regulations of the Prisoner Review Board. The
26
supervising officer shall report violations to the Prisoner

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Review Board and shall have the full power of peace officers in
2
the arrest and retaking of any parolees or releasees or the
3
officer may request the Department to issue a warrant for the
4
arrest of any parolee or releasee who has allegedly violated
5
his parole or release conditions.
6

(c-1) The supervising officer shall request the Department
7
to issue a parole violation warrant, and the Department shall
8
issue a parole violation warrant, under the following
9
circumstances:
10

(1) if the parolee or releasee commits an act that
11

constitutes a felony using a firearm or knife,
12

(2) if applicable, fails to comply with the
13

requirements of the Sex Offender Registration Act,
14

(3) if the parolee or releasee is charged with:
15

(A) a felony offense of domestic battery under
16

Section 12-3.2 of the Criminal Code of 1961 or the
17

Criminal Code of 2012,
18

(B) aggravated domestic battery under Section
19

12-3.3 of the Criminal Code of 1961 or the Criminal
20

Code of 2012,
21

(C) stalking under Section 12-7.3 of the Criminal
22

Code of 1961 or the Criminal Code of 2012,
23

(D) aggravated stalking under Section 12-7.4 of
24

the Criminal Code of 1961 or the Criminal Code of 2012,
25

(E) violation of an order of protection under
26

Section 12-3.4 or 12-30 of the Criminal Code of 1961 or

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the Criminal Code of 2012, or
2

(F) any offense that would require registration as
3

a sex offender under the Sex Offender Registration
4

Act, or
5

(4) if the parolee or releasee is on parole or
6

mandatory supervised release for a murder,
a felony
7

murder,
a Class X felony or a Class 1 felony violation of
8

the Criminal Code of 1961 or the Criminal Code of 2012, or
9

any felony that requires registration as a sex offender
10

under the Sex Offender Registration Act and commits an act
11

that constitutes first degree murder,
a felony murder,
a
12

Class X felony, a Class 1 felony, a Class 2 felony, or a
13

Class 3 felony.
14

A sheriff or other peace officer may detain an alleged
15
parole or release violator until a warrant for his return to
16
the Department can be issued. The parolee or releasee may be
17
delivered to any secure place until he can be transported to
18
the Department. The officer or the Department shall file a
19
violation report with notice of charges with the Prisoner
20
Review Board.
21

(d) The supervising officer shall regularly advise and
22
consult with the parolee or releasee, assist him in adjusting
23
to community life, inform him of the restoration of his rights
24
on successful completion of sentence under Section 5-5-5, and
25
provide the parolee or releasee with an electronic copy of the
26
Department of Corrections system of graduated responses as set

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forth under subparagraph (D) of paragraph (1) of subsection
2
(b) of Section 10 of the Illinois Crime Reduction Act of 2009
3
and any sanctions matrix based on that system. If the parolee
4
or releasee has been convicted of a sex offense as defined in
5
the Sex Offender Management Board Act, the supervising officer
6
shall periodically, but not less than once a month, verify
7
that the parolee or releasee is in compliance with paragraph
8
(7.6) of subsection (a) of Section 3-3-7.
9

(d-1) At least once every 6 months, the supervising
10
officer of a parolee or releasee shall review the case of the
11
parolee or releasee to assess the parolee's or releasee's
12
progress and suitability for early discharge under subsection
13
(b) of Section 3-3-8 and provide a recommendation for either
14
early discharge or the continuation of parole or mandatory
15
supervised release as previously ordered. The recommendation
16
and the rationale for the recommendation shall be noted in the
17
Department's case management system. Within 30 days of
18
receiving the supervising officer's recommendation, the
19
Department shall provide a copy of the final recommendation,
20
in writing or electronically, to the Prisoner Review Board and
21
to the parolee or releasee. If an early discharge
22
recommendation was not provided, the supervising officer shall
23
share the list of steps or requirements that the person must
24
complete or meet to be granted an early discharge
25
recommendation at a subsequent review under agency guidelines.
26
The Department shall develop guidelines and policies to

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1
support the regular review of parolees and releasees for early
2
discharge consideration and the timely notification of the
3
Prisoner Review Board when early discharge is recommended.
4

(d-2) Supervising officers shall schedule meetings, which
5
are required under paragraph (3) of subsection (a) of Section
6
3-3-7 as a condition of parole or mandatory supervised
7
release, at such times and locations that take into
8
consideration the medical needs, caregiving obligations, and
9
work schedule of a parolee or releasee.
10

(d-3) To comply with the provisions of subsection (d-2),
11
in lieu of requiring the parolee or releasee to appear in
12
person for the required reporting or meetings, supervising
13
officers may utilize technology, including cellular and other
14
electronic communication devices or platforms, that allows for
15
communication between the supervised individual and the
16
supervising officer.
17

(e) Supervising officers shall receive specialized
18
training in the special needs of female releasees or parolees
19
including the family reunification process.
20

(f) The supervising officer shall keep such records as the
21
Prisoner Review Board or Department may require. All records
22
shall be entered in the master file of the individual.
23
(Source: P.A. 103-271, eff. 1-1-24
.)

24

(730 ILCS 5/5-4.5-10)
25

Sec. 5-4.5-10.
OFFENSE CLASSIFICATIONS.

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1

(a) FELONY CLASSIFICATIONS. Felonies are classified, for
2
the purpose of sentencing, as follows:
3

(1) First degree murder (as a separate class of
4

felony).
5

(1.5) Felony murder (as a separate class of felony).

6

(2) Class X felonies.
7

(3) Class 1 felonies.
8

(4) Class 2 felonies.
9

(5) Class 3 felonies.
10

(6) Class 4 felonies.
11

(b) MISDEMEANOR CLASSIFICATIONS. Misdemeanors are
12
classified, for the purpose of sentencing, as follows:
13

(1) Class A misdemeanors.
14

(2) Class B misdemeanors.
15

(3) Class C misdemeanors.
16

(c) PETTY AND BUSINESS OFFENSES. Petty offenses and
17
business offenses are not classified.
18
(Source: P.A. 95-1052, eff. 7-1-09
.)

19

(730 ILCS 5/5-4.5-21 new)
20

Sec. 5-4.5-21.
FELONY MURDER; SENTENCE.

21
For felony murder:
22

(a) TERM. The sentence of imprisonment shall be a
23
determinate sentence of not less than 8 years and not more than
24
40 years, subject to Section 5-4.5-115. The sentence of
25
imprisonment for extended term felony murder, as provided in

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1
Section 5-8-2, subject to Section 5-4.5-115, shall be a term
2
not less than 16 years and not more than 80 years.
3

(b) PERIODIC IMPRISONMENT. A sentence of periodic
4
imprisonment shall be for a definite term of from 3 to 4 years,
5
except as otherwise provided in Section 5-5-3 or 5-7-1.
6

(c) IMPACT INCARCERATION. See Sections 5-8-1.1 and 5-8-1.2
7
concerning eligibility for the impact incarceration program or
8
the county impact incarceration program.

9

(d) PROBATION; CONDITIONAL DISCHARGE. Except as provided
10
in Section 5-5-3 or 5-6-2, the period of probation or
11
conditional discharge shall not exceed 4 years. The court
12
shall specify the conditions of probation or conditional
13
discharge as set forth in Section 5-6-3. In no case shall an
14
offender be eligible for a disposition of probation or
15
conditional discharge for felony murder committed while he or
16
she was serving a term of probation or conditional discharge
17
for a felony.

18

(e) FINE. Fines may be imposed as provided in subsection
19
(b) of Section 5-4.5-50.
20

(f) RESTITUTION. See Section 5-5-6 concerning restitution.

21

(g) CONCURRENT OR CONSECUTIVE SENTENCE. The sentence shall
22
be concurrent or consecutive as provided in Section 5-8-4 and
23
Section 5-4.5-50.

24

(h) DRUG COURT. See Section 20 of the Drug Court Treatment
25
Act concerning eligibility for a drug court program.

26

(i) CREDIT FOR HOME DETENTION. See Section 5-4.5-100

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1
concerning credit for time spent in home detention prior to
2
judgment.
3

(j) SENTENCE CREDIT. See Section 3-6-3 of this Code or the
4
County Jail Good Behavior Allowance Act for rules and
5
regulations for sentence credit.
6

(k) ELECTRONIC MONITORING AND HOME DETENTION. See Section
7
5-8A-3 concerning eligibility for electronic monitoring and
8
home detention.

9

(l) PAROLE; MANDATORY SUPERVISED RELEASE. Except as
10
provided in Section 3-3-8 or 5-8-1, the parole or mandatory
11
supervised release term shall be 2 years upon release from
12
imprisonment.

13

(730 ILCS 5/5-4.5-95)
14

Sec. 5-4.5-95.
GENERAL RECIDIVISM PROVISIONS.
15

(a) HABITUAL CRIMINALS.
16

(1) Every person who has been twice convicted in any
17

state or federal court of an offense that contains the
18

same elements as an offense now (the date of the offense
19

committed after the 2 prior convictions) classified in
20

Illinois as a Class X felony, criminal sexual assault,
21

aggravated kidnapping,
felony murder,
or first degree
22

murder, and who is thereafter convicted of a Class X
23

felony, criminal sexual assault,
felony murder,
or first
24

degree murder, committed after the 2 prior convictions,
25

shall be adjudged an habitual criminal.

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1

(2) The 2 prior convictions need not have been for the
2

same offense.
3

(3) Any convictions that result from or are connected
4

with the same transaction, or result from offenses
5

committed at the same time, shall be counted for the
6

purposes of this Section as one conviction.
7

(4) This Section does not apply unless each of the
8

following requirements are satisfied:
9

(A) The third offense was committed after July 3,
10

1980.
11

(B) The third offense was committed within 20
12

years of the date that judgment was entered on the
13

first conviction; provided, however, that time spent
14

in custody shall not be counted.
15

(C) The third offense was committed after
16

conviction on the second offense.
17

(D) The second offense was committed after
18

conviction on the first offense.
19

(E) The first offense was committed when the
20

person was 21 years of age or older.
21

(5) Anyone who is adjudged an habitual criminal shall
22

be sentenced to a term of natural life imprisonment.
23

(6) A prior conviction shall not be alleged in the
24

indictment, and no evidence or other disclosure of that
25

conviction shall be presented to the court or the jury
26

during the trial of an offense set forth in this Section

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1

unless otherwise permitted by the issues properly raised
2

in that trial. After a plea or verdict or finding of guilty
3

and before sentence is imposed, the prosecutor may file
4

with the court a verified written statement signed by the
5

State's Attorney concerning any former conviction of an
6

offense set forth in this Section rendered against the
7

defendant. The court shall then cause the defendant to be
8

brought before it; shall inform the defendant of the
9

allegations of the statement so filed, and of his or her
10

right to a hearing before the court on the issue of that
11

former conviction and of his or her right to counsel at
12

that hearing; and unless the defendant admits such
13

conviction, shall hear and determine the issue, and shall
14

make a written finding thereon. If a sentence has
15

previously been imposed, the court may vacate that
16

sentence and impose a new sentence in accordance with this
17

Section.
18

(7) A duly authenticated copy of the record of any
19

alleged former conviction of an offense set forth in this
20

Section shall be prima facie evidence of that former
21

conviction; and a duly authenticated copy of the record of
22

the defendant's final release or discharge from probation
23

granted, or from sentence and parole supervision (if any)
24

imposed pursuant to that former conviction, shall be prima
25

facie evidence of that release or discharge.
26

(8) Any claim that a previous conviction offered by

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1

the prosecution is not a former conviction of an offense
2

set forth in this Section because of the existence of any
3

exceptions described in this Section, is waived unless
4

duly raised at the hearing on that conviction, or unless
5

the prosecution's proof shows the existence of the
6

exceptions described in this Section.
7

(9) If the person so convicted shows to the
8

satisfaction of the court before whom that conviction was
9

had that he or she was released from imprisonment, upon
10

either of the sentences upon a pardon granted for the
11

reason that he or she was innocent, that conviction and
12

sentence shall not be considered under this Section.
13

(b) When a defendant, over the age of 21 years, is
14
convicted of a Class 1 or Class 2 forcible felony after having
15
twice been convicted in any state or federal court of an
16
offense that contains the same elements as an offense now (the
17
date the Class 1 or Class 2 forcible felony was committed)
18
classified in Illinois as a Class 2 or greater Class forcible
19
felony and those charges are separately brought and tried and
20
arise out of different series of acts, that defendant shall be
21
sentenced as a Class X offender. This subsection does not
22
apply unless:
23

(1) the first forcible felony was committed after
24

February 1, 1978 (the effective date of Public Act
25

80-1099);
26

(2) the second forcible felony was committed after

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1

conviction on the first;
2

(3) the third forcible felony was committed after
3

conviction on the second; and
4

(4) the first offense was committed when the person
5

was 21 years of age or older.
6

(c) (Blank).
7

A person sentenced as a Class X offender under this
8
subsection (b) is not eligible to apply for treatment as a
9
condition of probation as provided by Section 40-10 of the
10
Substance Use Disorder Act (20 ILCS 301/40-10).
11
(Source: P.A. 100-3, eff. 1-1-18; 100-759, eff. 1-1-19;
12
101-652, eff. 7-1-21
.)

13

(730 ILCS 5/5-7-1)

(from Ch. 38, par. 1005-7-1)
14

Sec. 5-7-1.
Sentence of periodic imprisonment.
15

(a) A sentence of periodic imprisonment is a sentence of
16
imprisonment during which the committed person may be released
17
for periods of time during the day or night or for periods of
18
days, or both, or if convicted of a felony, other than first
19
degree murder, a Class X or Class 1 felony, committed to any
20
county, municipal, or regional correctional or detention
21
institution or facility in this State for such periods of time
22
as the court may direct. Unless the court orders otherwise,
23
the particular times and conditions of release shall be
24
determined by the Department of Corrections, the sheriff, or
25
the Superintendent of the house of corrections, who is

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1
administering the program.
2

(b) A sentence of periodic imprisonment may be imposed to
3
permit the defendant to:
4

(1) seek employment;
5

(2) work;
6

(3) conduct a business or other self-employed
7

occupation including housekeeping;
8

(4) attend to family needs;
9

(5) attend an educational institution, including
10

vocational education;
11

(6) obtain medical or psychological treatment;
12

(7) perform work duties at a county, municipal, or
13

regional correctional or detention institution or
14

facility;
15

(8) continue to reside at home with or without
16

supervision involving the use of an approved electronic
17

monitoring device, subject to Article 8A of Chapter V; or
18

(9) for any other purpose determined by the court.
19

(c) Except where prohibited by other provisions of this
20
Code, the court may impose a sentence of periodic imprisonment
21
for a felony or misdemeanor on a person who is 17 years of age
22
or older. The court shall not impose a sentence of periodic
23
imprisonment if it imposes a sentence of imprisonment upon the
24
defendant in excess of 90 days.
25

(d) A sentence of periodic imprisonment shall be for a
26
definite term of from 3 to 4 years for
a felony murder,
a Class

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1 felony, 18 to 30 months for a Class 2 felony, and up to 18
2
months, or the longest sentence of imprisonment that could be
3
imposed for the offense, whichever is less, for all other
4
offenses; however, no person shall be sentenced to a term of
5
periodic imprisonment longer than one year if he is committed
6
to a county correctional institution or facility, and in
7
conjunction with that sentence participate in a county work
8
release program comparable to the work and day release program
9
provided for in Article 13 of Chapter III of this Code in State
10
facilities. The term of the sentence shall be calculated upon
11
the basis of the duration of its term rather than upon the
12
basis of the actual days spent in confinement. No sentence of
13
periodic imprisonment shall be subject to the good time credit
14
provisions of Section 3-6-3 of this Code.
15

(e) When the court imposes a sentence of periodic
16
imprisonment, it shall state:
17

(1) the term of such sentence;
18

(2) the days or parts of days which the defendant is to
19

be confined;
20

(3) the conditions.
21

(f) The court may issue an order of protection pursuant to
22
the Illinois Domestic Violence Act of 1986 as a condition of a
23
sentence of periodic imprisonment. The Illinois Domestic
24
Violence Act of 1986 shall govern the issuance, enforcement
25
and recording of orders of protection issued under this
26
Section. A copy of the order of protection shall be

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transmitted to the person or agency having responsibility for
2
the case.
3

(f-5) An offender sentenced to a term of periodic
4
imprisonment for a felony sex offense as defined in the Sex
5
Offender Management Board Act shall be required to undergo and
6
successfully complete sex offender treatment by a treatment
7
provider approved by the Board and conducted in conformance
8
with the standards developed under the Sex Offender Management
9
Board Act.
10

(g) An offender sentenced to periodic imprisonment who
11
undergoes mandatory drug or alcohol testing, or both, or is
12
assigned to be placed on an approved electronic monitoring
13
device, shall be ordered to pay the costs incidental to such
14
mandatory drug or alcohol testing, or both, and costs
15
incidental to such approved electronic monitoring in
16
accordance with the defendant's ability to pay those costs.
17
The county board with the concurrence of the Chief Judge of the
18
judicial circuit in which the county is located shall
19
establish reasonable fees for the cost of maintenance,
20
testing, and incidental expenses related to the mandatory drug
21
or alcohol testing, or both, and all costs incidental to
22
approved electronic monitoring, of all offenders with a
23
sentence of periodic imprisonment. The concurrence of the
24
Chief Judge shall be in the form of an administrative order.
25
The fees shall be collected by the clerk of the circuit court,
26
except as provided in an administrative order of the Chief

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Judge of the circuit court. The clerk of the circuit court
2
shall pay all moneys collected from these fees to the county
3
treasurer who shall use the moneys collected to defray the
4
costs of drug testing, alcohol testing, and electronic
5
monitoring. The county treasurer shall deposit the fees
6
collected in the county working cash fund under Section
7
6-27001 or Section 6-29002 of the Counties Code, as the case
8
may be.
9

(h) All fees and costs imposed under this Section for any
10
violation of Chapters 3, 4, 6, and 11 of the Illinois Vehicle
11
Code, or a similar provision of a local ordinance, and any
12
violation of the Child Passenger Protection Act, or a similar
13
provision of a local ordinance, shall be collected and
14
disbursed by the circuit clerk as provided under the Criminal
15
and Traffic Assessment Act.
16

The Chief Judge of the circuit court of the county may by
17
administrative order establish a program for electronic
18
monitoring of offenders, in which a vendor supplies and
19
monitors the operation of the electronic monitoring device,
20
and collects the fees on behalf of the county. The program
21
shall include provisions for indigent offenders and the
22
collection of unpaid fees. The program shall not unduly burden
23
the offender and shall be subject to review by the Chief Judge.
24

The Chief Judge of the circuit court may suspend any
25
additional charges or fees for late payment, interest, or
26
damage to any device.

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(i) A defendant at least 17 years of age who is convicted
2
of a misdemeanor or felony in a county of 3,000,000 or more
3
inhabitants and who has not been previously convicted of a
4
misdemeanor or a felony and who is sentenced to a term of
5
periodic imprisonment may as a condition of his or her
6
sentence be required by the court to attend educational
7
courses designed to prepare the defendant for a high school
8
diploma and to work toward receiving a high school diploma or
9
to work toward passing high school equivalency testing or to
10
work toward completing a vocational training program approved
11
by the court. The defendant sentenced to periodic imprisonment
12
must attend a public institution of education to obtain the
13
educational or vocational training required by this subsection
14
(i). The defendant sentenced to a term of periodic
15
imprisonment shall be required to pay for the cost of the
16
educational courses or high school equivalency testing if a
17
fee is charged for those courses or testing. The court shall
18
revoke the sentence of periodic imprisonment of the defendant
19
who wilfully fails to comply with this subsection (i). The
20
court shall resentence the defendant whose sentence of
21
periodic imprisonment has been revoked as provided in Section
22
5-7-2. This subsection (i) does not apply to a defendant who
23
has a high school diploma or has successfully passed high
24
school equivalency testing. This subsection (i) does not apply
25
to a defendant who is determined by the court to be a person
26
with a developmental disability or otherwise mentally

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incapable of completing the educational or vocational program.
2
(Source: P.A. 100-987, eff. 7-1-19; 101-81, eff. 7-12-19.)

3

(730 ILCS 5/5-8-1)

(from Ch. 38, par. 1005-8-1)
4

Sec. 5-8-1.
Natural life imprisonment; enhancements for
5
use of a firearm; mandatory supervised release terms.
6

(a) Except as otherwise provided in the statute defining
7
the offense or in Article 4.5 of Chapter V, a sentence of
8
imprisonment for a felony shall be a determinate sentence set
9
by the court under this Section, subject to Section 5-4.5-115
10
of this Code, according to the following limitations:
11

(1) for first degree murder,
12

(a) (blank),
13

(b) if a trier of fact finds beyond a reasonable
14

doubt that the murder was accompanied by exceptionally
15

brutal or heinous behavior indicative of wanton
16

cruelty or, except as set forth in subsection
17

(a)(1)(c) of this Section, that any of the aggravating
18

factors listed in subparagraph (b-5) are present, the
19

court may sentence the defendant, subject to Section
20

5-4.5-105, to a term of natural life imprisonment, or
21

(b-5) a defendant who at the time of the
22

commission of the offense has attained the age of 18 or
23

more and who has been found guilty of first degree
24

murder may be sentenced to a term of natural life
25

imprisonment if:

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(1) the murdered individual was an inmate at
2

an institution or facility of the Department of
3

Corrections, or any similar local correctional
4

agency and was killed on the grounds thereof, or
5

the murdered individual was otherwise present in
6

such institution or facility with the knowledge
7

and approval of the chief administrative officer
8

thereof;
9

(2) the murdered individual was killed as a
10

result of the hijacking of an airplane, train,
11

ship, bus, or other public conveyance;
12

(3) the defendant committed the murder
13

pursuant to a contract, agreement, or
14

understanding by which he or she was to receive
15

money or anything of value in return for
16

committing the murder or procured another to
17

commit the murder for money or anything of value;
18

(4) the murdered individual was killed in the
19

course of another felony if:
20

(A) the murdered individual:
21

(i) was actually killed by the
22

defendant, or
23

(ii) received physical injuries
24

personally inflicted by the defendant
25

substantially contemporaneously with
26

physical injuries caused by one or more

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persons for whose conduct the defendant is
2

legally accountable under Section 5-2 of
3

this Code, and the physical injuries
4

inflicted by either the defendant or the
5

other person or persons for whose conduct
6

he is legally accountable caused the death
7

of the murdered individual; and (B) in
8

performing the acts which caused the death
9

of the murdered individual or which
10

resulted in physical injuries personally
11

inflicted by the defendant on the murdered
12

individual under the circumstances of
13

subdivision (ii) of clause (A) of this
14

clause (4), the defendant acted with the
15

intent to kill the murdered individual or
16

with the knowledge that his or her acts
17

created a strong probability of death or
18

great bodily harm to the murdered
19

individual or another; and
20

(B) in performing the acts which caused
21

the death of the murdered individual or which
22

resulted in physical injuries personally
23

inflicted by the defendant on the murdered
24

individual under the circumstances of
25

subdivision (ii) of clause (A) of this clause
26

(4), the defendant acted with the intent to

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kill the murdered individual or with the
2

knowledge that his or her acts created a
3

strong probability of death or great bodily
4

harm to the murdered individual or another;
5

and
6

(C) the other felony was an inherently
7

violent crime or the attempt to commit an
8

inherently violent crime. In this clause (C),
9

"inherently violent crime" includes, but is
10

not limited to, armed robbery, robbery,
11

predatory criminal sexual assault of a child,
12

aggravated criminal sexual assault, aggravated
13

kidnapping, aggravated vehicular hijacking,
14

aggravated arson, aggravated stalking,
15

residential burglary, and home invasion;
16

(5) the defendant committed the murder with
17

intent to prevent the murdered individual from
18

testifying or participating in any criminal
19

investigation or prosecution or giving material
20

assistance to the State in any investigation or
21

prosecution, either against the defendant or
22

another; or the defendant committed the murder
23

because the murdered individual was a witness in
24

any prosecution or gave material assistance to the
25

State in any investigation or prosecution, either
26

against the defendant or another; for purposes of

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this clause (5), "participating in any criminal
2

investigation or prosecution" is intended to
3

include those appearing in the proceedings in any
4

capacity such as trial judges, prosecutors,
5

defense attorneys, investigators, witnesses, or
6

jurors;
7

(6) the defendant, while committing an offense
8

punishable under Section 401, 401.1, 401.2, 405,
9

405.2, 407, or 407.1 or subsection (b) of Section
10

404 of the Illinois Controlled Substances Act, or
11

while engaged in a conspiracy or solicitation to
12

commit such offense, intentionally killed an
13

individual or counseled, commanded, induced,
14

procured, or caused the intentional killing of the
15

murdered individual;
16

(7) the defendant was incarcerated in an
17

institution or facility of the Department of
18

Corrections at the time of the murder, and while
19

committing an offense punishable as a felony under
20

Illinois law, or while engaged in a conspiracy or
21

solicitation to commit such offense, intentionally
22

killed an individual or counseled, commanded,
23

induced, procured, or caused the intentional
24

killing of the murdered individual;
25

(8) the murder was committed in a cold,
26

calculated and premeditated manner pursuant to a

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preconceived plan, scheme, or design to take a
2

human life by unlawful means, and the conduct of
3

the defendant created a reasonable expectation
4

that the death of a human being would result
5

therefrom;
6

(9) the defendant was a principal
7

administrator, organizer, or leader of a
8

calculated criminal drug conspiracy consisting of
9

a hierarchical position of authority superior to
10

that of all other members of the conspiracy, and
11

the defendant counseled, commanded, induced,
12

procured, or caused the intentional killing of the
13

murdered person;
14

(10) the murder was intentional and involved
15

the infliction of torture. For the purpose of this
16

clause (10), torture means the infliction of or
17

subjection to extreme physical pain, motivated by
18

an intent to increase or prolong the pain,
19

suffering, or agony of the victim;
20

(11) the murder was committed as a result of
21

the intentional discharge of a firearm by the
22

defendant from a motor vehicle and the victim was
23

not present within the motor vehicle;
24

(12) the murdered individual was a person with
25

a disability and the defendant knew or should have
26

known that the murdered individual was a person

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with a disability. For purposes of this clause
2

(12), "person with a disability" means a person
3

who suffers from a permanent physical or mental
4

impairment resulting from disease, an injury, a
5

functional disorder, or a congenital condition
6

that renders the person incapable of adequately
7

providing for his or her own health or personal
8

care;
9

(13) the murdered individual was subject to an
10

order of protection and the murder was committed
11

by a person against whom the same order of
12

protection was issued under the Illinois Domestic
13

Violence Act of 1986;
14

(14) the murdered individual was known by the
15

defendant to be a teacher or other person employed
16

in any school and the teacher or other employee is
17

upon the grounds of a school or grounds adjacent
18

to a school, or is in any part of a building used
19

for school purposes;
20

(15) the murder was committed by the defendant
21

in connection with or as a result of the offense of
22

terrorism as defined in Section 29D-14.9 of this
23

Code;
24

(16) the murdered individual was a member of a
25

congregation engaged in prayer or other religious
26

activities at a church, synagogue, mosque, or

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other building, structure, or place used for
2

religious worship; or
3

(17)(i) the murdered individual was a
4

physician, physician assistant, psychologist,
5

nurse, or advanced practice registered nurse;
6

(ii) the defendant knew or should have known
7

that the murdered individual was a physician,
8

physician assistant, psychologist, nurse, or
9

advanced practice registered nurse; and
10

(iii) the murdered individual was killed in
11

the course of acting in his or her capacity as a
12

physician, physician assistant, psychologist,
13

nurse, or advanced practice registered nurse, or
14

to prevent him or her from acting in that
15

capacity, or in retaliation for his or her acting
16

in that capacity.
17

(c) the court shall sentence the defendant to a
18

term of natural life imprisonment if the defendant, at
19

the time of the commission of the murder, had attained
20

the age of 18, and:
21

(i) has previously been convicted of first
22

degree murder under any state or federal law, or
23

(ii) is found guilty of murdering more than
24

one victim, or
25

(iii) is found guilty of murdering a peace
26

officer, fireman, or emergency management worker

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1

when the peace officer, fireman, or emergency
2

management worker was killed in the course of
3

performing his official duties, or to prevent the
4

peace officer or fireman from performing his
5

official duties, or in retaliation for the peace
6

officer, fireman, or emergency management worker
7

from performing his official duties, and the
8

defendant knew or should have known that the
9

murdered individual was a peace officer, fireman,
10

or emergency management worker, or
11

(iv) is found guilty of murdering an employee
12

of an institution or facility of the Department of
13

Corrections, or any similar local correctional
14

agency, when the employee was killed in the course
15

of performing his official duties, or to prevent
16

the employee from performing his official duties,
17

or in retaliation for the employee performing his
18

official duties, or
19

(v) is found guilty of murdering an emergency
20

medical technician - ambulance, emergency medical
21

technician - intermediate, emergency medical
22

technician - paramedic, ambulance driver, or other
23

medical assistance or first aid person while
24

employed by a municipality or other governmental
25

unit when the person was killed in the course of
26

performing official duties or to prevent the

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1

person from performing official duties or in
2

retaliation for performing official duties and the
3

defendant knew or should have known that the
4

murdered individual was an emergency medical
5

technician - ambulance, emergency medical
6

technician - intermediate, emergency medical
7

technician - paramedic, ambulance driver, or other
8

medical assistant or first aid personnel, or
9

(vi) (blank), or
10

(vii) is found guilty of first degree murder
11

and the murder was committed by reason of any
12

person's activity as a community policing
13

volunteer or to prevent any person from engaging
14

in activity as a community policing volunteer. For
15

the purpose of this Section, "community policing
16

volunteer" has the meaning ascribed to it in
17

Section 2-3.5 of the Criminal Code of 2012.
18

For purposes of clause (v), "emergency medical
19

technician - ambulance", "emergency medical technician -
20

intermediate", and "emergency medical technician -
21

paramedic"have the meanings ascribed to them in the
22

Emergency Medical Services (EMS) Systems Act.
23

(d)(i) if the person committed the offense while
24

armed with a firearm, 15 years shall be added to
25

the term of imprisonment imposed by the court;
26

(ii) if, during the commission of the offense, the

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person personally discharged a firearm, 20 years shall
2

be added to the term of imprisonment imposed by the
3

court;
4

(iii) if, during the commission of the offense,
5

the person personally discharged a firearm that
6

proximately caused great bodily harm, permanent
7

disability, permanent disfigurement, or death to
8

another person, 25 years or up to a term of natural
9

life shall be added to the term of imprisonment
10

imposed by the court.
11

(2) (blank);
12

(2.5) for a person who has attained the age of 18 years
13

at the time of the commission of the offense and who is
14

convicted under the circumstances described in subdivision
15

(b)(1)(B) of Section 11-1.20 or paragraph (3) of
16

subsection (b) of Section 12-13, subdivision (d)(2) of
17

Section 11-1.30 or paragraph (2) of subsection (d) of
18

Section 12-14, subdivision (b)(1.2) of Section 11-1.40 or
19

paragraph (1.2) of subsection (b) of Section 12-14.1,
20

subdivision (b)(2) of Section 11-1.40 or paragraph (2) of
21

subsection (b) of Section 12-14.1 of the Criminal Code of
22

1961 or the Criminal Code of 2012, the sentence shall be a
23

term of natural life imprisonment.
24

(b) (Blank).
25

(c) (Blank).
26

(d) Subject to earlier termination under Section 3-3-8,

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the parole or mandatory supervised release term shall be
2
written as part of the sentencing order and shall be as
3
follows:
4

(1) for first degree murder or for the offenses of
5

predatory criminal sexual assault of a child, aggravated
6

criminal sexual assault, and criminal sexual assault if
7

committed on or before December 12, 2005, 3 years;
8

(1.1) except as otherwise provided in Section 3-3-8,
9

for felony murder, 2 years;

10

(1.5) except as provided in paragraph (7) of this
11

subsection (d), for a Class X felony except for the
12

offenses of predatory criminal sexual assault of a child,
13

aggravated criminal sexual assault, and criminal sexual
14

assault if committed on or after December 13, 2005 (the
15

effective date of Public Act 94-715) and except for the
16

offense of aggravated child pornography under Section
17

11-20.1B, 11-20.3, or 11-20.1 with sentencing under
18

subsection (c-5) of Section 11-20.1 of the Criminal Code
19

of 1961 or the Criminal Code of 2012, if committed on or
20

after January 1, 2009, and except for the offense of
21

obscene depiction of a purported child with sentencing
22

under subsection (d) of Section 11-20.4 of the Criminal
23

Code of 2012, 18 months;
24

(2) except as provided in paragraph (7) of this
25

subsection (d), for a Class 1 felony or a Class 2 felony
26

except for the offense of criminal sexual assault if

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committed on or after December 13, 2005 (the effective
2

date of Public Act 94-715) and except for the offenses of
3

manufacture and dissemination of child sexual abuse
4

material under clauses (a)(1) and (a)(2) of Section
5

11-20.1 of the Criminal Code of 1961 or the Criminal Code
6

of 2012, if committed on or after January 1, 2009, and
7

except for the offense of obscene depiction of a purported
8

child under paragraph (2) of subsection (b) of Section
9

11-20.4 of the Criminal Code of 2012, 12 months;
10

(3) except as provided in paragraph (4), (6), or (7)
11

of this subsection (d), for a Class 3 felony or a Class 4
12

felony, 6 months; no later than 45 days after the onset of
13

the term of mandatory supervised release, the Prisoner
14

Review Board shall conduct a discretionary discharge
15

review pursuant to the provisions of Section 3-3-8, which
16

shall include the results of a standardized risk and needs
17

assessment tool administered by the Department of
18

Corrections; the changes to this paragraph (3) made by
19

Public Act 102-1104 apply to all individuals released on
20

mandatory supervised release on or after December 6, 2022
21

(the effective date of Public Act 102-1104), including
22

those individuals whose sentences were imposed prior to
23

December 6, 2022 (the effective date of Public Act
24

102-1104);
25

(4) for defendants who commit the offense of predatory
26

criminal sexual assault of a child, aggravated criminal

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sexual assault, or criminal sexual assault, on or after
2

December 13, 2005 (the effective date of Public Act
3

94-715), or who commit the offense of aggravated child
4

pornography under Section 11-20.1B, 11-20.3, or 11-20.1
5

with sentencing under subsection (c-5) of Section 11-20.1
6

of the Criminal Code of 1961 or the Criminal Code of 2012,
7

manufacture of child sexual abuse material, or
8

dissemination of child sexual abuse material after January
9

1, 2009, or who commit the offense of obscene depiction of
10

a purported child under paragraph (2) of subsection (b) of
11

Section 11-20.4 of the Criminal Code of 2012 or who commit
12

the offense of obscene depiction of a purported child with
13

sentencing under subsection (d) of Section 11-20.4 of the
14

Criminal Code of 2012, the term of mandatory supervised
15

release shall range from a minimum of 3 years to a maximum
16

of the natural life of the defendant;
17

(5) if the victim is under 18 years of age, for a
18

second or subsequent offense of aggravated criminal sexual
19

abuse or felony criminal sexual abuse, 4 years, at least
20

the first 2 years of which the defendant shall serve in an
21

electronic monitoring or home detention program under
22

Article 8A of Chapter V of this Code;
23

(6) for a felony domestic battery, aggravated domestic
24

battery, stalking, aggravated stalking, and a felony
25

violation of an order of protection, 4 years;
26

(7) for any felony described in paragraph (a)(2)(ii),

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(a)(2)(iii), (a)(2)(iv), (a)(2)(vi), (a)(2.1), (a)(2.3),
2

(a)(2.4), (a)(2.5), or (a)(2.6) of Article 5, Section
3

3-6-3 of the Unified Code of Corrections requiring an
4

inmate to serve a minimum of 85% of their court-imposed
5

sentence, except for the offenses of predatory criminal
6

sexual assault of a child, aggravated criminal sexual
7

assault, and criminal sexual assault if committed on or
8

after December 13, 2005 (the effective date of Public Act
9

94-715) and except for the offense of aggravated child
10

pornography under Section 11-20.1B, 11-20.3, or 11-20.1
11

with sentencing under subsection (c-5) of Section 11-20.1
12

of the Criminal Code of 1961 or the Criminal Code of 2012,
13

if committed on or after January 1, 2009, and except for
14

the offense of obscene depiction of a purported child with
15

sentencing under subsection (d) of Section 11-20.4 of the
16

Criminal Code of 2012, and except as provided in paragraph
17

(4) or paragraph (6) of this subsection (d), the term of
18

mandatory supervised release shall be as follows:
19

(A) Class X felony, 3 years;
20

(B) Class 1 or Class 2 felonies, 2 years;
21

(C) Class 3 or Class 4 felonies, 1 year.
22

(e) (Blank).
23

(f) (Blank).
24

(g) Notwithstanding any other provisions of this Act and
25
of Public Act 101-652: (i) the provisions of paragraph (3) of
26
subsection (d) are effective on July 1, 2022 and shall apply to

HB5261
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LRB104 16942 RLC 30356 b
1
all individuals convicted on or after the effective date of
2
paragraph (3) of subsection (d); and (ii) the provisions of
3
paragraphs (1.5) and (2) of subsection (d) are effective on
4
July 1, 2021 and shall apply to all individuals convicted on or
5
after the effective date of paragraphs (1.5) and (2) of
6
subsection (d).
7
(Source: P.A. 103-51, eff. 1-1-24; 103-825, eff. 1-1-25;
8
104-245, eff. 1-1-26; 104-417, eff. 8-15-25
.)

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