ILLINOIS SENTENCING POLICY ADVISORY COUNCIL    
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2021

Interim Report Public Act 100-0003: Presumptive Minimum Sentence Unlawful Use of a Weapon

Public Act 100-0003, effective January 1, 2018, increased the minimum prison sentences for repeat offenders convicted of Unlawful Use of a Weapon by a Felon and Aggravated Unlawful Use of a Weapon if the person’s criminal history includes a conviction for one or more violent crimes specified in the statute. Judges can depart from this presumptive minimum if the judge finds that a departure is warranted based on factors enumerated in the statute. See, 730 ILCS5/5-4.5110(d). The judge must make a record of the reasons for a departure. The law also mandates that the Sentencing Policy Advisory Council (SPAC) report on the effects of the new law and includes a sunset provision of January 1, 2023.
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