Illinois 96th Regular Session Status: Passed House

HB 699 — CRIM CD&CD CORR-AGG BATTERY

Last action — Session Sine Die

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. 3
    Passed House
  4. 4
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 96th Regular Session. It reached “Passed House” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

Amends the Criminal Code of 1961. Provides that the penalty for aggravated battery that causes great bodily harm, or permanent disability or disfigurement to any victim (rather than to specified categories of persons) is a Class 1 felony. Amends the Unified Code of Corrections. Provides that a prisoner serving a sentence for aggravated battery that causes great bodily harm, or permanent disability or disfigurement shall receive no more than 4.5 days of good conduct credit for each month of his or her sentence of imprisonment. Effective immediately.

Bill Text

What changed in the latest version

11 added · 485 removed

Plain-language change summary

The revised version of Bill HB 699 has removed extensive text, simplifying its scope and focus. It clarifies that penalties for aggravated battery resulting in significant harm will be a Class 1 felony applicable to any victim, rather than just specific groups. Additionally, it limits the good conduct credit for prisoners convicted of this crime to a maximum of 4.5 days per month. These changes matter because they establish clearer legal consequences for serious offenses, potentially leading to stricter enforcement and accountability.

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*LRB09604553RLC14608b* HB0699 96TH GENERAL ASSEMBLY State of Illinois and 2010 HB0699 Introduced 2/6/2009, by Rep.
HB0699 Engrossed LRB096 04553 RLC 14608 b AN ACT concerning criminal law.
James D.
Brosnahan SYNOPSIS AS INTRODUCED:
ILCS 5/12-4 from Ch.
38, par.
12-4 ILCS 5/3-6-3 from Ch.
38, par.
1003-6-3 Amends the Criminal Code of 1961.
Provides that the penalty for aggravated battery that causes great bodily harm, or permanent disability or disfigurement to any victim (rather than to specified categories of persons) is a Class 1 felony.
Amends the Unified Code of Corrections.
Provides that a prisoner serving a sentence for aggravated battery that causes great bodily harm, or permanent disability or disfigurement shall receive no more than 4.5 days of good conduct credit for each month of his or her sentence of imprisonment.
Effective immediately.
LRB096 04553 RLC 14608 b CORRECTIONAL BUDGET AND IMPMAY APPLYACT A BILL FOR HB0699 LRB096 04553 RLC 14608 b AN ACT concerning criminal law.
HB0699 - 2 - LRB096 04553 RLC 14608 b (6) Knows the individual harmed to be a community policing volunteer while such volunteer is engaged in the execution of any official duties, or to prevent the volunteer from performing official duties, or in retaliation for the volunteer performing official duties, and the battery is committed other than by the discharge of a firearm;
HB0699 Engrossed - 2 - LRB096 04553 RLC 14608 b (6) Knows the individual harmed to be a community policing volunteer while such volunteer is engaged in the execution of any official duties, or to prevent the volunteer from performing official duties, or in retaliation for the volunteer performing official duties, and the battery is committed other than by the discharge of a firearm;
(8.5) Is, or the person battered is, on a publicly or privately owned sports or entertainment arena, stadium, community or convention hall, special event center, amusement facility, or a special event center in a public HB0699 - 3 - LRB096 04553 RLC 14608 b park during any 24-hour period when a professional sporting event, National Collegiate Athletic Association (NCAA)-sanctioned sporting event, United States Olympic Committee-sanctioned sporting event, or International Olympic Committee-sanctioned sporting event is taking place in this venue;
(8.5) Is, or the person battered is, on a publicly or privately owned sports or entertainment arena, stadium, community or convention hall, special event center, amusement facility, or a special event center in a public HB0699 Engrossed - 3 - LRB096 04553 RLC 14608 b park during any 24-hour period when a professional sporting event, National Collegiate Athletic Association (NCAA)-sanctioned sporting event, United States Olympic Committee-sanctioned sporting event, or International Olympic Committee-sanctioned sporting event is taking place in this venue;
(15) Knowingly and without legal justification and by any means causes bodily harm to a merchant who detains the HB0699 - 4 - LRB096 04553 RLC 14608 b person for an alleged commission of retail theft under Section 16A-5 of this Code.
(15) Knowingly and without legal justification and by any means causes bodily harm to a merchant who detains the HB0699 Engrossed - 4 - LRB096 04553 RLC 14608 b person for an alleged commission of retail theft under Section 16A-5 of this Code.
(19) Knows the individual harmed to be an emergency management worker engaged in the performance of any of his or her official duties, or to prevent the emergency HB0699 - 5 - LRB096 04553 RLC 14608 b management worker from performing official duties, or in retaliation for the emergency management worker performing official duties;
(19) Knows the individual harmed to be an emergency management worker engaged in the performance of any of his or her official duties, or to prevent the emergency HB0699 Engrossed - 5 - LRB096 04553 RLC 14608 b management worker from performing official duties, or in retaliation for the emergency management worker performing official duties;
In this paragraph (22), "utility worker" means a person employed by a public utility as defined in Section 3-105 of the Public Utilities Act and also includes an employee of a municipally owned utility, an employee of a cable television company, an employee of an electric cooperative as defined in Section 3-119 of the Public Utilities Act, an independent contractor or an employee of an independent contractor working on behalf of a cable television company, public utility, municipally owned utility, or an electric HB0699 - 6 - LRB096 04553 RLC 14608 b cooperative, or an employee of a telecommunications carrier as defined in Section 13-202 of the Public Utilities Act, an independent contractor or an employee of an independent contractor working on behalf of a telecommunications carrier, or an employee of a telephone or telecommunications cooperative as defined in Section 13-212 of the Public Utilities Act, or an independent contractor or an employee of an independent contractor working on behalf of a telephone or telecommunications cooperative.
In this paragraph (22), "utility worker" means a person employed by a public utility as defined in Section 3-105 of the Public Utilities Act and also includes an employee of a municipally owned utility, an employee of a cable television company, an employee of an electric cooperative as defined in Section 3-119 of the Public Utilities Act, an independent contractor or an employee of an independent contractor working on behalf of a cable television company, public utility, municipally owned utility, or an electric HB0699 Engrossed - 6 - LRB096 04553 RLC 14608 b cooperative, or an employee of a telecommunications carrier as defined in Section 13-202 of the Public Utilities Act, an independent contractor or an employee of an independent contractor working on behalf of a telecommunications carrier, or an employee of a telephone or telecommunications cooperative as defined in Section 13-212 of the Public Utilities Act, or an independent contractor or an employee of an independent contractor working on behalf of a telephone or telecommunications cooperative.
(d) A person who knowingly gives to another person any food HB0699 - 7 - LRB096 04553 RLC 14608 b that contains any substance or object that is intended to cause physical injury if eaten, commits aggravated battery.
(d) A person who knowingly gives to another person any food HB0699 Engrossed - 7 - LRB096 04553 RLC 14608 b that contains any substance or object that is intended to cause physical injury if eaten, commits aggravated battery.
(2) Aggravated battery that does not cause great bodily harm or permanent disability or disfigurement is a Class 2 felony when the person knows the individual harmed to be a peace officer, a community policing volunteer, a private security officer, a correctional institution employee, an HB0699 - 8 - LRB096 04553 RLC 14608 b employee of the Department of Human Services supervising or controlling sexually dangerous persons or sexually violent persons, or a fireman while such officer, volunteer, employee, or fireman is engaged in the execution of any official duties including arrest or attempted arrest, or to prevent the officer, volunteer, employee, or fireman from performing official duties, or in retaliation for the officer, volunteer, employee, or fireman performing official duties, and the battery is committed other than by the discharge of a firearm.
(2) Aggravated battery that does not cause great bodily harm or permanent disability or disfigurement is a Class 2 felony when the person knows the individual harmed to be a peace officer, a community policing volunteer, a private security officer, a correctional institution employee, an HB0699 Engrossed - 8 - LRB096 04553 RLC 14608 b employee of the Department of Human Services supervising or controlling sexually dangerous persons or sexually violent persons, or a fireman while such officer, volunteer, employee, or fireman is engaged in the execution of any official duties including arrest or attempted arrest, or to prevent the officer, volunteer, employee, or fireman from performing official duties, or in retaliation for the officer, volunteer, employee, or fireman performing official duties, and the battery is committed other than by the discharge of a firearm.
HB0699 - 9 - LRB096 04553 RLC 14608 b (4) Aggravated battery under subsection (d-5) is a Class 2 felony.
HB0699 Engrossed - 9 - LRB096 04553 RLC 14608 b (4) Aggravated battery under subsection (d-5) is a Class 2 felony.
8-21-08.) Section 10.
The Unified Code of Corrections is amended by changing Section 3-6-3 as follows:
(730 ILCS 5/3-6-3) (from Ch.
38, par.
1003-6-3) Sec.
3-6-3.
Rules and Regulations for Early Release.
(a) (1) The Department of Corrections shall prescribe rules and regulations for the early release on account of good conduct of persons committed to the Department which shall be subject to review by the Prisoner Review Board.
(2) The rules and regulations on early release shall provide, with respect to offenses listed in clause (i), (ii), or (iii) of this paragraph (2) committed on or after June 19, 1998 or with respect to the offense listed in clause (iv) of this paragraph (2) committed on or after June 23, 2005 (the effective date of Public Act 94-71) or with respect to offense listed in clause (vi) committed on or after June 1, 2008 (the effective date of Public Act 95-625) or with respect to the offense of being an armed HB0699 - 10 - LRB096 04553 RLC 14608 b habitual criminal committed on or after August 2, 2005 (the effective date of Public Act 94-398) or with respect to the offenses listed in clause (v) of this paragraph (2) committed on or after August 13, 2007 (the effective date of Public Act 95-134) or with respect to the offense of aggravated battery under subsection (a) of Section 12-4 of the Criminal Code of 1961 committed on or after the effective date of this amendatory Act of the 96th General Assembly, the following:
(i) that a prisoner who is serving a term of imprisonment for first degree murder or for the offense of terrorism shall receive no good conduct credit and shall serve the entire sentence imposed by the court;
(ii) that a prisoner serving a sentence for attempt to commit first degree murder, solicitation of murder, solicitation of murder for hire, intentional homicide of an unborn child, predatory criminal sexual assault of a child, aggravated criminal sexual assault, criminal sexual assault, aggravated kidnapping, aggravated battery with a firearm, heinous battery, being an armed habitual criminal, aggravated battery of a senior citizen, or aggravated battery of a child shall receive no more than 4.5 days of good conduct credit for each month of his or her sentence of imprisonment;
(iii) that a prisoner serving a sentence for home HB0699 - 11 - LRB096 04553 RLC 14608 b invasion, armed robbery, aggravated vehicular hijacking, aggravated discharge of a firearm, or armed violence with a category I weapon or category II weapon, when the court has made and entered a finding, pursuant to subsection (c-1) of Section 5-4-1 of this Code, that the conduct leading to conviction for the enumerated offense resulted in great bodily harm to a victim, shall receive no more than 4.5 days of good conduct credit for each month of his or her sentence of imprisonment;
(iv) that a prisoner serving a sentence for aggravated discharge of a firearm, whether or not the conduct leading to conviction for the offense resulted in great bodily harm to the victim, shall receive no more than 4.5 days of good conduct credit for each month of his or her sentence of imprisonment;
(v) that a person serving a sentence for gunrunning, narcotics racketeering, controlled substance trafficking, methamphetamine trafficking, drug-induced homicide, aggravated methamphetamine-related child endangerment, money laundering pursuant to clause (c) (4) or (5) of Section 29B-1 of the Criminal Code of 1961, or a Class X felony conviction for delivery of a controlled substance, possession of a controlled substance with intent to manufacture or deliver, calculated criminal drug HB0699 - 12 - LRB096 04553 RLC 14608 b conspiracy, criminal drug conspiracy, street gang criminal drug conspiracy, participation in methamphetamine manufacturing, aggravated participation in methamphetamine manufacturing, delivery of methamphetamine, possession with intent to deliver methamphetamine, aggravated delivery of methamphetamine, aggravated possession with intent to deliver methamphetamine, methamphetamine conspiracy when the substance containing the controlled substance or methamphetamine is 100 grams or more shall receive no more than 7.5 days good conduct credit for each month of his or her sentence of imprisonment;
and (vi) that a prisoner serving a sentence for a second or subsequent offense of luring a minor shall receive no more than 4.5 days of good conduct credit for each month of his or her sentence of imprisonment;
and (vii) that a prisoner serving a sentence for aggravated battery under subsection (a) of Section 12-4 of the Criminal Code of 1961 shall receive no more than 4.5 days of good conduct credit for each month of his or her sentence of imprisonment.
(2.1) For all offenses, other than those enumerated in subdivision (a)(2)(i), (ii), or (iii) committed on or after June 19, 1998 or subdivision (a)(2)(iv) committed on or after June 23, 2005 (the effective date of Public Act HB0699 - 13 - LRB096 04553 RLC 14608 b 94-71) or subdivision (a)(2)(v) committed on or after August 13, 2007 (the effective date of Public Act 95-134) or subdivision (a)(2)(vi) committed on or after June 1, 2008 (the effective date of Public Act 95-625) or subdivision (a)(2)(vii) committed on or after the effective date of this amendatory Act of the 96th General Assembly, and other than the offense of reckless homicide as defined in subsection (e) of Section 9-3 of the Criminal Code of 1961 committed on or after January 1, 1999, or aggravated driving under the influence of alcohol, other drug or drugs, or intoxicating compound or compounds, or any combination thereof as defined in subparagraph (F) of paragraph (1) of subsection (d) of Section 11-501 of the Illinois Vehicle Code, the rules and regulations shall provide that a prisoner who is serving a term of imprisonment shall receive one day of good conduct credit for each day of his or her sentence of imprisonment or recommitment under Section 3-3-9.
Each day of good conduct credit shall reduce by one day the prisoner's period of imprisonment or recommitment under Section 3-3-9.
(2.2) A prisoner serving a term of natural life imprisonment or a prisoner who has been sentenced to death shall receive no good conduct credit.
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(2.3) The rules and regulations on early release shall provide that a prisoner who is serving a sentence for reckless homicide as defined in subsection (e) of Section HB0699 - 14 - LRB096 04553 RLC 14608 b 9-3 of the Criminal Code of 1961 committed on or after January 1, 1999, or aggravated driving under the influence of alcohol, other drug or drugs, or intoxicating compound or compounds, or any combination thereof as defined in subparagraph (F) of paragraph (1) of subsection (d) of Section 11-501 of the Illinois Vehicle Code, shall receive no more than 4.5 days of good conduct credit for each month of his or her sentence of imprisonment.
(2.4) The rules and regulations on early release shall provide with respect to the offenses of aggravated battery with a machine gun or a firearm equipped with any device or attachment designed or used for silencing the report of a firearm or aggravated discharge of a machine gun or a firearm equipped with any device or attachment designed or used for silencing the report of a firearm, committed on or after July 15, 1999 (the effective date of Public Act 91-121), that a prisoner serving a sentence for any of these offenses shall receive no more than 4.5 days of good conduct credit for each month of his or her sentence of imprisonment.
(2.5) The rules and regulations on early release shall provide that a prisoner who is serving a sentence for aggravated arson committed on or after July 27, 2001 (the effective date of Public Act 92-176) shall receive no more than 4.5 days of good conduct credit for each month of his or her sentence of imprisonment.
HB0699 - 15 - LRB096 04553 RLC 14608 b (3) The rules and regulations shall also provide that the Director may award up to 180 days additional good conduct credit for meritorious service in specific instances as the Director deems proper;
except that no more than 90 days of good conduct credit for meritorious service shall be awarded to any prisoner who is serving a sentence for conviction of first degree murder, reckless homicide while under the influence of alcohol or any other drug, or aggravated driving under the influence of alcohol, other drug or drugs, or intoxicating compound or compounds, or any combination thereof as defined in subparagraph (F) of paragraph (1) of subsection (d) of Section 11-501 of the Illinois Vehicle Code, aggravated kidnapping, kidnapping, predatory criminal sexual assault of a child, aggravated criminal sexual assault, criminal sexual assault, deviate sexual assault, aggravated criminal sexual abuse, aggravated indecent liberties with a child, indecent liberties with a child, child pornography, heinous battery, aggravated battery of a spouse, aggravated battery of a spouse with a firearm, stalking, aggravated stalking, aggravated battery of a child, endangering the life or health of a child, or cruelty to a child.
Notwithstanding the foregoing, good conduct credit for meritorious service shall not be awarded on a sentence of imprisonment imposed for conviction of:
(i) one of the offenses enumerated in subdivision (a)(2)(i), (ii), or HB0699 - 16 - LRB096 04553 RLC 14608 b (iii) when the offense is committed on or after June 19, 1998 or subdivision (a)(2)(iv) when the offense is committed on or after June 23, 2005 (the effective date of Public Act 94-71) or subdivision (a)(2)(v) when the offense is committed on or after August 13, 2007 (the effective date of Public Act 95-134) or subdivision (a)(2)(vi) when the offense is committed on or after June 1, 2008 (the effective date of Public Act 95-625) or subdivision (a)(2)(vii) when the offense is committed on or after the effective date of this amendatory Act of the 96th General Assembly, (ii) reckless homicide as defined in subsection (e) of Section 9-3 of the Criminal Code of 1961 when the offense is committed on or after January 1, 1999, or aggravated driving under the influence of alcohol, other drug or drugs, or intoxicating compound or compounds, or any combination thereof as defined in subparagraph (F) of paragraph (1) of subsection (d) of Section 11-501 of the Illinois Vehicle Code, (iii) one of the offenses enumerated in subdivision (a)(2.4) when the offense is committed on or after July 15, 1999 (the effective date of Public Act 91-121), or (iv) aggravated arson when the offense is committed on or after July 27, 2001 (the effective date of Public Act 92-176).
(4) The rules and regulations shall also provide that the good conduct credit accumulated and retained under paragraph (2.1) of subsection (a) of this Section by any HB0699 - 17 - LRB096 04553 RLC 14608 b inmate during specific periods of time in which such inmate is engaged full-time in substance abuse programs, correctional industry assignments, or educational programs provided by the Department under this paragraph (4) and satisfactorily completes the assigned program as determined by the standards of the Department, shall be multiplied by a factor of 1.25 for program participation before August 11, 1993 and 1.50 for program participation on or after that date.
However, no inmate shall be eligible for the additional good conduct credit under this paragraph (4) or (4.1) of this subsection (a) while assigned to a boot camp or electronic detention, or if convicted of an offense enumerated in subdivision (a)(2)(i), (ii), or (iii) of this Section that is committed on or after June 19, 1998 or subdivision (a)(2)(iv) of this Section that is committed on or after June 23, 2005 (the effective date of Public Act 94-71) or subdivision (a)(2)(v) of this Section that is committed on or after August 13, 2007 (the effective date of Public Act 95-134) or subdivision (a)(2)(vi) when the offense is committed on or after June 1, 2008 (the effective date of Public Act 95-625) or subdivision (a)(2)(vii) of this Section that is committed on or after the effective date of this amendatory Act of the 96th General Assembly, or if convicted of reckless homicide as defined in subsection (e) of Section 9-3 of the Criminal Code of 1961 if the offense is committed on or HB0699 - 18 - LRB096 04553 RLC 14608 b after January 1, 1999, or aggravated driving under the influence of alcohol, other drug or drugs, or intoxicating compound or compounds, or any combination thereof as defined in subparagraph (F) of paragraph (1) of subsection (d) of Section 11-501 of the Illinois Vehicle Code, or if convicted of an offense enumerated in paragraph (a)(2.4) of this Section that is committed on or after July 15, 1999 (the effective date of Public Act 91-121), or first degree murder, a Class X felony, criminal sexual assault, felony criminal sexual abuse, aggravated criminal sexual abuse, aggravated battery with a firearm, or any predecessor or successor offenses with the same or substantially the same elements, or any inchoate offenses relating to the foregoing offenses.
No inmate shall be eligible for the additional good conduct credit under this paragraph (4) who (i) has previously received increased good conduct credit under this paragraph (4) and has subsequently been convicted of a felony, or (ii) has previously served more than one prior sentence of imprisonment for a felony in an adult correctional facility.
Educational, vocational, substance abuse and correctional industry programs under which good conduct credit may be increased under this paragraph (4) and paragraph (4.1) of this subsection (a) shall be evaluated by the Department on the basis of documented standards.
The Department shall report the results of these evaluations to HB0699 - 19 - LRB096 04553 RLC 14608 b the Governor and the General Assembly by September 30th of each year.
The reports shall include data relating to the recidivism rate among program participants.
Availability of these programs shall be subject to the limits of fiscal resources appropriated by the General Assembly for these purposes.
Eligible inmates who are denied immediate admission shall be placed on a waiting list under criteria established by the Department.
The inability of any inmate to become engaged in any such programs by reason of insufficient program resources or for any other reason established under the rules and regulations of the Department shall not be deemed a cause of action under which the Department or any employee or agent of the Department shall be liable for damages to the inmate.
(4.1) The rules and regulations shall also provide that an additional 60 days of good conduct credit shall be awarded to any prisoner who passes the high school level Test of General Educational Development (GED) while the prisoner is incarcerated.
The good conduct credit awarded under this paragraph (4.1) shall be in addition to, and shall not affect, the award of good conduct under any other paragraph of this Section, but shall also be pursuant to the guidelines and restrictions set forth in paragraph (4) of subsection (a) of this Section.
The good conduct credit provided for in this paragraph shall be available only to HB0699 - 20 - LRB096 04553 RLC 14608 b those prisoners who have not previously earned a high school diploma or a GED.
If, after an award of the GED good conduct credit has been made and the Department determines that the prisoner was not eligible, then the award shall be revoked.
(4.5) The rules and regulations on early release shall also provide that when the court's sentencing order recommends a prisoner for substance abuse treatment and the crime was committed on or after September 1, 2003 (the effective date of Public Act 93-354), the prisoner shall receive no good conduct credit awarded under clause (3) of this subsection (a) unless he or she participates in and completes a substance abuse treatment program.
The Director may waive the requirement to participate in or complete a substance abuse treatment program and award the good conduct credit in specific instances if the prisoner is not a good candidate for a substance abuse treatment program for medical, programming, or operational reasons.
Availability of substance abuse treatment shall be subject to the limits of fiscal resources appropriated by the General Assembly for these purposes.
If treatment is not available and the requirement to participate and complete the treatment has not been waived by the Director, the prisoner shall be placed on a waiting list under criteria established by the Department.
The Director may allow a prisoner placed on a waiting list to participate in and HB0699 - 21 - LRB096 04553 RLC 14608 b complete a substance abuse education class or attend substance abuse self-help meetings in lieu of a substance abuse treatment program.
A prisoner on a waiting list who is not placed in a substance abuse program prior to release may be eligible for a waiver and receive good conduct credit under clause (3) of this subsection (a) at the discretion of the Director.
(4.6) The rules and regulations on early release shall also provide that a prisoner who has been convicted of a sex offense as defined in Section 2 of the Sex Offender Registration Act shall receive no good conduct credit unless he or she either has successfully completed or is participating in sex offender treatment as defined by the Sex Offender Management Board.
However, prisoners who are waiting to receive such treatment, but who are unable to do so due solely to the lack of resources on the part of the Department, may, at the Director's sole discretion, be awarded good conduct credit at such rate as the Director shall determine.
(5) Whenever the Department is to release any inmate earlier than it otherwise would because of a grant of good conduct credit for meritorious service given at any time during the term, the Department shall give reasonable advance notice of the impending release to the State's Attorney of the county where the prosecution of the inmate took place.
HB0699 - 22 - LRB096 04553 RLC 14608 b (b) Whenever a person is or has been committed under several convictions, with separate sentences, the sentences shall be construed under Section 5-8-4 in granting and forfeiting of good time.
(c) The Department shall prescribe rules and regulations for revoking good conduct credit, or suspending or reducing the rate of accumulation of good conduct credit for specific rule violations, during imprisonment.
These rules and regulations shall provide that no inmate may be penalized more than one year of good conduct credit for any one infraction.
When the Department seeks to revoke, suspend or reduce the rate of accumulation of any good conduct credits for an alleged infraction of its rules, it shall bring charges therefor against the prisoner sought to be so deprived of good conduct credits before the Prisoner Review Board as provided in subparagraph (a)(4) of Section 3-3-2 of this Code, if the amount of credit at issue exceeds 30 days or when during any 12 month period, the cumulative amount of credit revoked exceeds 30 days except where the infraction is committed or discovered within 60 days of scheduled release.
In those cases, the Department of Corrections may revoke up to 30 days of good conduct credit.
The Board may subsequently approve the revocation of additional good conduct credit, if the Department seeks to revoke good conduct credit in excess of 30 days.
However, the Board shall not be empowered to review the Department's decision with respect to the loss of 30 days of HB0699 - 23 - LRB096 04553 RLC 14608 b good conduct credit within any calendar year for any prisoner or to increase any penalty beyond the length requested by the Department.
The Director of the Department of Corrections, in appropriate cases, may restore up to 30 days good conduct credits which have been revoked, suspended or reduced.
Any restoration of good conduct credits in excess of 30 days shall be subject to review by the Prisoner Review Board.
However, the Board may not restore good conduct credit in excess of the amount requested by the Director.
Nothing contained in this Section shall prohibit the Prisoner Review Board from ordering, pursuant to Section 3-3-9(a)(3)(i)(B), that a prisoner serve up to one year of the sentence imposed by the court that was not served due to the accumulation of good conduct credit.
(d) If a lawsuit is filed by a prisoner in an Illinois or federal court against the State, the Department of Corrections, or the Prisoner Review Board, or against any of their officers or employees, and the court makes a specific finding that a pleading, motion, or other paper filed by the prisoner is frivolous, the Department of Corrections shall conduct a hearing to revoke up to 180 days of good conduct credit by bringing charges against the prisoner sought to be deprived of the good conduct credits before the Prisoner Review Board as provided in subparagraph (a)(8) of Section 3-3-2 of this Code.
If the prisoner has not accumulated 180 days of good conduct HB0699 - 24 - LRB096 04553 RLC 14608 b credit at the time of the finding, then the Prisoner Review Board may revoke all good conduct credit accumulated by the prisoner.
For purposes of this subsection (d):
(1) "Frivolous" means that a pleading, motion, or other filing which purports to be a legal document filed by a prisoner in his or her lawsuit meets any or all of the following criteria:
(A) it lacks an arguable basis either in law or in fact;
(B) it is being presented for any improper purpose, such as to harass or to cause unnecessary delay or needless increase in the cost of litigation;
(C) the claims, defenses, and other legal contentions therein are not warranted by existing law or by a nonfrivolous argument for the extension, modification, or reversal of existing law or the establishment of new law;
(D) the allegations and other factual contentions do not have evidentiary support or, if specifically so identified, are not likely to have evidentiary support after a reasonable opportunity for further investigation or discovery;
or (E) the denials of factual contentions are not warranted on the evidence, or if specifically so identified, are not reasonably based on a lack of HB0699 - 25 - LRB096 04553 RLC 14608 b information or belief.
(2) "Lawsuit" means a motion pursuant to Section 116-3 of the Code of Criminal Procedure of 1963, a habeas corpus action under Article X of the Code of Civil Procedure or under federal law (28 U.S.C.
2254), a petition for claim under the Court of Claims Act, an action under the federal Civil Rights Act (42 U.S.C.
1983), or a second or subsequent petition for post-conviction relief under Article 122 of the Code of Criminal Procedure of 1963 whether filed with or without leave of court or a second or subsequent petition for relief from judgment under Section 2-1401 of the Code of Civil Procedure.
(e) Nothing in Public Act 90-592 or 90-593 affects the validity of Public Act 89-404.
(f) Whenever the Department is to release any inmate who has been convicted of a violation of an order of protection under Section 12-30 of the Criminal Code of 1961, earlier than it otherwise would because of a grant of good conduct credit, the Department, as a condition of such early release, shall require that the person, upon release, be placed under electronic surveillance as provided in Section 5-8A-7 of this Code.
(Source:
P.A.
94-71, eff.
6-23-05;
94-128, eff.
7-7-05;
94-156, eff.
7-8-05;
94-398, eff.
8-2-05;
94-491, eff.
8-8-05;
94-744, eff.
5-8-06;
95-134, eff.
8-13-07;
95-585, eff.
6-1-08;
95-625, eff.
6-1-08;
95-640, eff.
6-1-08;
95-773, eff.
1-1-09;
95-876, HB0699 - 26 - LRB096 04553 RLC 14608 b eff.
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Action History

  1. Session Sine Die

  2. Pursuant to Senate Rule 3-9(b) / Referred to Assignments

  3. Placed on Calendar Order of Non-Concurrence Senate Amendment(s) 1, 3 - May 30, 2009

  4. Secretary's Desk - Non-Concurrence Senate Amendment(s) 1, 3

  5. House Non-Concurs by Voice Vote; SA 1,3

  6. Senate Floor Amendment No. 3 Motion Filed Non-Concur Rep. James D. Brosnahan

  7. Senate Committee Amendment No. 1 Motion Filed Non-Concur Rep. James D. Brosnahan

  8. Placed on Calendar Order of Concurrence Senate Amendment(s) 1, 3

  9. Arrived in House

  10. Senate Committee Amendment No. 2 Tabled Pursuant to Rule 5-4(a)

  11. Third Reading - Passed; 058-000-000

  12. Placed on Calendar Order of 3rd Reading

  13. Senate Floor Amendment No. 3 Adopted; Cullerton

  14. Recalled to Second Reading

  15. Added as Alternate Chief Co-Sponsor Sen. Edward D. Maloney

  16. Senate Floor Amendment No. 3 Recommend Do Adopt Criminal Law; 006-000-000

  17. Added as Alternate Chief Co-Sponsor Sen. M. Maggie Crotty

  18. Placed on Calendar Order of 3rd Reading May 15, 2009

  19. Second Reading

  20. Senate Floor Amendment No. 3 Postponed - Criminal Law

  21. Senate Floor Amendment No. 3 Assignments Refers to Criminal Law

  22. Senate Floor Amendment No. 3 Referred to Assignments

  23. Senate Floor Amendment No. 3 Filed with Secretary by Sen. John J. Cullerton

  24. Placed on Calendar Order of 2nd Reading May 12, 2009

  25. Do Pass as Amended Criminal Law; 007-000-001

  26. Senate Committee Amendment No. 1 Adopted

  27. Senate Committee Amendment No. 2 Referred to Assignments

  28. Senate Committee Amendment No. 2 Filed with Secretary by Sen. William R. Haine

  29. Postponed - Criminal Law

  30. Senate Committee Amendment No. 1 Postponed - Criminal Law

  31. Senate Committee Amendment No. 1 Assignments Refers to Criminal Law

  32. Senate Committee Amendment No. 1 Referred to Assignments

  33. Senate Committee Amendment No. 1 Filed with Secretary by Sen. William R. Haine

  34. Alternate Chief Sponsor Changed to Sen. William R. Haine

  35. Postponed - Criminal Law

  36. Sponsor Removed Sen. Don Harmon

  37. Alternate Chief Sponsor Changed to Sen. Edward D. Maloney

  38. Assigned to Criminal Law

  39. Referred to Assignments

  40. First Reading

  41. Added as Alternate Chief Co-Sponsor Sen. Don Harmon

  42. Chief Senate Sponsor Sen. John J. Cullerton

  43. Placed on Calendar Order of First Reading March 26, 2009

  44. Arrive in Senate

  45. Third Reading - Short Debate - Passed 113-001-000

  46. Added Chief Co-Sponsor Rep. Kevin A. McCarthy

  47. Added Chief Co-Sponsor Rep. Kevin Joyce

  48. Placed on Calendar Order of 3rd Reading - Short Debate

  49. Second Reading - Short Debate

  50. Placed on Calendar 2nd Reading - Short Debate

  51. Do Pass as Amended / Short Debate Judiciary II - Criminal Law Committee; 007-000-000

  52. House Committee Amendment No. 1 Adopted in Judiciary II - Criminal Law Committee; by Voice Vote

  53. House Committee Amendment No. 1 Filed with Clerk by Judiciary II - Criminal Law Committee

  54. Assigned to Judiciary II - Criminal Law Committee

  55. Referred to Rules Committee

  56. First Reading

  57. Filed with the Clerk by Rep. James D. Brosnahan

Sponsors

  • James D. Brosnahan · Cosponsor

Sponsorship breakdown

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0 sponsors · 1 co-sponsors · 182 not signed on · 1 voted No

Sponsors (0)

None.

Co-sponsors (1)

  • James D. Brosnahan

Not signed on (182)

182 members have not signed on to this bill.

Show all 182 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Third Reading

Passed 58 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 48001
Democrat 9000
Republican 1000
Total 58001
% of votes cast 98%0%0%2%
How each member voted (59)
Member Party Vote
Haine — Yea
Hutchinson — Yea
Noland — Yea
Kotowski — Yea
Link — Yea
McCarter — Yea
Meeks — Yea
Millner — Yea
Schoenberg — Yea
Silverstein — Yea
Steans — Yea
Demuzio — Yea
Jacobs — Yea
Trotter — Yea
Viverito — Yea
Wilhelmi — Yea
Munoz — Yea
Jones, J. — Yea
Sullivan — Yea
Cullerton — Yea
Clayborne — Yea
Cronin — Yea
Crotty — Yea
Duffy — Yea
Frerichs — Yea
Garrett — Yea
Hendon — Yea
Maloney — Yea
Brady — Not Voting
Dahl — Yea
DeLeo — Yea
Hultgren — Yea
Pankau — Yea
Radogno — Yea
Raoul — Yea
Righter — Yea
Risinger — Yea
Rutherford — Yea
Sandoval — Yea
Lauzen — Yea
Luechtefeld — Yea
Althoff — Yea
Martinez — Yea
Bivins — Yea
Bomke — Yea
Bond — Yea
Burzynski — Yea
Dillard — Yea
Forby — Yea
David Koehler Democrat Yea
Don Harmon Democrat Yea
Emil Jones, III Democrat Yea
Eva-Dina Delgado Democrat Yea
Kimberly A. Lightford Democrat Yea
Lakesia Collins Democrat Yea
Laura M. Murphy Democrat Yea
Linda Holmes Democrat Yea
Mattie Hunter Democrat Yea
Dave Syverson Republican Yea

Official roll call →

Third Reading

Passed 113 Yea · 1 Nay · 4 Other
Party YeaNayPresentNot Voting
Democrat 10100
Unaffiliated 100003
Republican 3001
Total 113104
% of votes cast 96%1%0%3%
How each member voted (118)
Member Party Vote
Jefferson — Yea
Davis, Monique — Yea
Lang — Yea
Reitz — Yea
Leitch — Yea
Mathias — Yea
McAuliffe — Yea
McCarthy — Yea
Mell — Yea
Mendoza — Yea
Lyons — Yea
Moffitt — Yea
Myers — Yea
Senger — Yea
Thapedi — Yea
Tryon — Yea
Turner — Yea
Verschoore — Yea
Wait — Yea
Bradley — Yea
McGuire — Yea
Brady — Yea
Sullivan — Yea
Burke — Yea
Mitchell, Bill — Yea
Mitchell, Jerry — Yea
Gordon, Jehan — Yea
Cavaletto — Yea
Coladipietro — Yea
Cole — Yea
Dugan — Yea
Dunkin — Yea
Durkin — Yea
Eddy — Yea
Farnham — Yea
Flider — Yea
Flowers — Yea
Fortner — Yea
Franks — Yea
Fritchey — Yea
Froehlich — Yea
Golar — Yea
Graham — Yea
Hamos — Yea
Hannig — Yea
Harris — Yea
Madigan — Yea
Watson — Yea
Hernandez — Yea
Nekritz — Yea
Osterman — Yea
Howard — Yea
Phelps — Yea
Gordon, Careen — Not Voting
Washington — Yea
Winters — Yea
Yarbrough — Yea
Zalewski — Yea
Colvin — Yea
Connelly — Yea
Cross — Yea
Cultra — Yea
Currie — Yea
D'Amico — Yea
Hatcher — Yea
Holbrook — Yea
Jackson — Yea
Jakobsson — Yea
Kosel — Not Voting
Osmond — Yea
Pihos — Yea
Poe — Yea
Pritchard — Yea
Ramey — Yea
Reboletti — Yea
Reis — Yea
Riley — Yea
Ryg — Yea
Sacia — Yea
Saviano — Yea
Schmitz — Yea
Sommer — Yea
Soto — Yea
Acevedo — Yea
Arroyo — Yea
Bassi — Yea
Beaubien — Yea
Beiser — Yea
Bellock — Yea
Berrios — Yea
Biggins — Yea
Mautino — Yea
Black — Yea
Boland — Yea
May — Yea
Bost — Yea
Brauer — Yea
Brosnahan — Yea
Burns — Yea
McAsey — Yea
Coulson — Yea
Mulligan — Not Voting
Chapa LaVia — Yea
Anthony DeLuca Democrat Yea
Fred Crespo Democrat Yea
Jay Hoffman Democrat Yea
La Shawn K. Ford Democrat Yea
Lakesia Collins Democrat Nay
Mark L. Walker Democrat Yea
Nicholas K. Smith Democrat Yea
Patrick J. Joyce Democrat Yea
Robert "Bob" Rita Democrat Yea
Sara Feigenholtz Democrat Yea
William "Will" Davis Democrat Yea
Brad Stephens Republican Yea
Chapin Rose Republican Not Voting
Chris Miller Republican Yea
Jil Tracy Republican Yea

Official roll call →

Subjects

public-safety
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Frequently asked questions

What does HB 699 do?
Amends the Criminal Code of 1961. Provides that the penalty for aggravated battery that causes great bodily harm, or permanent disability or disfigurement to any victim (rather than to specified categories of persons) is a Class 1 felony. Amends the Unified Code of Corrections. Provides that a prisoner serving a sentence for aggravated battery that causes great bodily harm, or permanent disability or disfigurement shall receive no more than 4.5 days of good conduct credit for each month of his or her sentence of imprisonment. Effective immediately.
Who sponsors HB 699?
HB 699 is sponsored by James D. Brosnahan.
What is the current status of HB 699?
This bill died with 96th Regular Session. It reached “Passed House” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track HB 699?
Track HB 699 free on One Click Politics — get push/email alerts when it moves.

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