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Illinois Criminal law updates

Classification of crime Usual Prison or Jail Sentence Possible Extended Term Probation Term Madatory Supervised Release Maximum Fine
MURDER   — Not allowed    
1st degree (Death)5 — Not allowed — $25,000
  Life, no parole6 — Not allowed 3 years $25,000
  20-60 years7 60-100 years Not allowed 3 years $25,000
2nd degree 4-20 years 15-30 years 4 years 2 years $25,000
HABITUAL
CRIMINAL8		 Life, no parole — Not allowed — —
FELONY          
Class X 6-30 years 30-60 years Not allowed 3 years  
1 4-15 years 15-30 years9 Up to 4 years10 2 years $25,000, or more if specified
2 3-7 years 7-14 years9 Up to 4 years10 2 years $25,000, or more if specified
3 2-5 years 5-10 years Up to 21/2 years 1 year $25,000, or more if specified
4 1-3 years 3-6 years Up to 21/2 years 1 year $25,000, or more if specified
MISDEMEANOR          
Class A Under 1 year — Up to 2 years — $2,500
B Up to 6 months — Up to 2 years — $1,500
C Up to 30 days — Up to 2 years — $1,500
PETTY OFFENSE — — Up to 6 months — Amount stated
up to $1,000
BUSINESS OFFENSE — — — — Amount stated

Sanctions for those convicted of driving drunk:

Conviction Loss of license Jail Fine Community Service Driving Permit
1st (Class A Misd.) 1-year min. Possible imprisonment up to 1 year Up to $2,500 None May apply for restricted permit
2nd w/in 20 yrs. (Class A Misd.) 5-year min. Possible imprisonment up to 1 year; mandatory 2 days jail or 10 days comm. service for 2nd conv. in 5 years Up to $2,500 10 days (or 2 days in jail) May apply for restricted permit
3rd DUI (Class 4 Felony) 10-year min. 1-3 years possible imprisonment Up to $25,000 If given probation, possible 30 days comm. service or 48 hours of jai May apply for restricted permit
4th or more DUI (Class 4 Felony) For life 1-3 years possible imprisonment Up to $25,000 If given probation, possible 30 days comm. service or 48 hours of jail Not eligible

1. EXTENDED TERM. The court may impose an extended term in lieu of the usual
term on a person convicted of any of a number of crimes, or of crimes committed
in types of circumstances, that are listed in 730 ILCS 5/5-5-3.2(b) to (d). ( "exceptionally brutal or
heinous behavior indicative of wanton cruelty" etc.)
2. PROBATION. Except for the most serious crimes, an offender may be sentenced to
a term of probation instead of prison. Maximum probation terms for each class
of crime are listed in the column marked with this footnote. Among several
other statutory conditions, a person on probation is forbidden to possess a
firearm or other dangerous weapon, or to leave the state without permission.
Courts may add other conditions. Note 10 below describes situations in which
probation instead of prison is not allowed.
3. MANDATORY SUPERVISED RELEASE (MSR). This is a period of parole that automatically
follows a prison term for a felony. A person convicted of a repeat sex
crime involving force or threat of force, against a victim under 18, must serve 4
or 5 years of MSR, with the first 2 in electronic home detention.
4. FINES. Whenever a fine is imposed (except for a nonmoving traffic offense),
there is added to it a penalty of $5 per $40 (or fraction of $40). Thus the
amounts shown should be increased by one-eighth to approximate totals that can
be imposed. Several other kinds of surcharges are imposed for some kinds of
crimes; see especially 730 ILCS 5/5-9-1.4 to 5/5-9-1.11.
5. DEATH PENALTY. A person who was at least 18 at the time may be sentenced to
death for committing first-degree murder by killing: (1) a peace officer or
fireman who was performing official duties, or to prevent or retaliate for such
performance; (2) an employee, prisoner, or other authorized person in a prison or
jail, (3) more than one person (at either the same or different times), if done with
separate intent or by separate acts; (4) as a result of a hijacking; (5) for hire, or
by hiring another person; (6) intentionally in the course of another felony
involving violence, force, or a drug conspiracy; (7) a person under age 12 with
“. . . wanton cruelty;” (8) to prevent or retaliate for the victim’s aiding in a
criminal investigation or prosecution; (9) intentionally as part of a drug crime, or
by causing another person to kill as part of such a crime; (10) while in prison
and in the course of committing or conspiring to commit a felony; (11) as part of
a cold, calculated, and premeditated scheme to take a human life illegally; (12)
an emergency medical worker employed by government, while performing or to
prevent or retaliate for performance of duties; (13) as the kingpin in a criminal
drug conspiracy; (14) intentionally by a method involving torture; (15) in a
drive-by shooting; (16) a person 60 or older, with “ . . . wanton cruelty; (17) a
disabled person; (18) because the victim was a community policing volunteer, or
to deter service as such a volunteer; (19) a person protected by an order of
protection issued against the murderer; or (20) a teacher or other employee in or
near a school.
6. LIFE IN PRISON. A first-degree murderer may be sentenced to life in prison without
possibility of parole if (a) the killing was done with “...wanton cruelty” or (b)
any factor listed in note 5 above was present. Unless death is imposed, the court
must sentence to life in prison without parole any first-degree murderer who
killed (1) after being earlier convicted of first-degree murder in any jurisdiction;
(2) more than one person, or a person under age 12 if the murderer was at least
17; (3) a peace officer or fireman who was performing official duties, or to
prevent or retaliate for such performance; (4) an employee of a prison or jail
who was performing official duties, or to prevent or retaliate for such performance;
(5) an emergency medical worker employed by government, while
performing or to prevent or retaliate for performance of duties; (6) a person
under 12 during an aggravated criminal sexual assault, criminal sexual assault,
or aggravated kidnapping, if the murderer was under 17; or (7) because the
victim was a community policing volunteer or to prevent such service.
7. The range of possible prison sentences for first-degree murder is 20 to 60 years
if no fact justifying life in prison or death is present. But if the crime was
committed while armed with a firearm, the term is automatically increased by 15
years; if the murderer fired it during the crime, by 20 years; and if the firing
caused great bodily harm, permanent disability or disfigurement, or death, by 25
years to life.
8. HABITUAL CRIMINALITY. This is not an offense, but an adjudication of a person
who has, twice in succession, committed and been convicted in U.S. courts of
first-degree murder, a Class X felony, aggravated kidnapping, or criminal sexual
assault; and without being out of custody for at least 20 years after the first
conviction, again commits and is convicted of any of those crimes (except
aggravated kidnapping).]
9. A person who, on two separate occasions after January 1978, committed and was
convicted of Class 2 or worse felonies, and then commits a third such felony
while over age 21, is to be sentenced as a Class X felon.
10. Probation is not ordinarily allowed if the crime was a Class 2 or worse felony
and occurred within 10 years after conviction of another such felony. Probation
is also not allowed for several kinds of crimes listed in 730 ILCS 5/5-5-3(c)(2).
But if the court finds the offender to be addicted; the crime was nonviolent; and
other conditions apply, the court can allow the offender to choose probation
under supervision of a drug-treatment program approved by the Department of
Human Services (as successor to the Department of Alcoholism and Substance
Abuse).
Sources: This chart is based principally on the following sections of Illinois law in effect as of January 1,
2000: 720 ILCS 5/9-1 and 5/33B-1 ff.; 730 ILCS 5/3-3-3, 5/3-3-8, 5/5-5-1, 5/5-5-3, 5/5-5-3.2, 5/5-
6-1 ff., 5/5-8-1 ff., and 5/5-9-1 ff.

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Updated: Sunday August 3, 2008
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