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| | HB6303 Enrolled | | LRB099 19696 RLC 44093 b |
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1 | | AN ACT concerning criminal law.
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2 | | Be it enacted by the People of the State of Illinois,
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3 | | represented in the General Assembly:
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4 | | Section 5. The Criminal Code of 2012 is amended by adding |
5 | | Section 24-3B as follows: |
6 | | (720 ILCS 5/24-3B new) |
7 | | Sec. 24-3B. Firearms trafficking. |
8 | | (a) A person commits firearms trafficking when he or she |
9 | | has not been issued a currently valid Firearm Owner's |
10 | | Identification Card and knowingly: |
11 | | (1) brings, or causes to be brought, into this State, a |
12 | | firearm or firearm ammunition for the purpose of sale, |
13 | | delivery, or transfer to any other person or with the |
14 | | intent to sell, deliver, or transfer the firearm or firearm |
15 | | ammunition to any other person; or |
16 | | (2) brings, or causes to be brought, into this State, a |
17 | | firearm and firearm ammunition for the purpose of sale, |
18 | | delivery, or transfer to any other person or with the |
19 | | intent to sell, deliver, or transfer the firearm and |
20 | | firearm ammunition to any other person. |
21 | | (a-5) This Section does not apply to: |
22 | | (1) a person exempt under Section 2 of the Firearm |
23 | | Owners Identification Card Act from the requirement of |
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1 | | having possession of a Firearm Owner's Identification Card |
2 | | previously issued in his or her name by the Department of |
3 | | State Police in order to acquire or possess a firearm or |
4 | | firearm ammunition; |
5 | | (2) a common carrier under subsection (i) of Section |
6 | | 24-2 of this Code; or |
7 | | (3) a non-resident who may lawfully possess a firearm |
8 | | in his or her resident state. |
9 | | (b) Sentence. |
10 | | (1) Firearms trafficking is a Class 1 felony for which |
11 | | the person, if sentenced to a term of imprisonment, shall |
12 | | be sentenced to not less than 4 years and not more than 20 |
13 | | years. |
14 | | (2) Firearms trafficking by a person who has been |
15 | | previously convicted of firearms trafficking, gunrunning, |
16 | | or a felony offense for the unlawful sale, delivery, or |
17 | | transfer of a firearm or firearm ammunition in this State |
18 | | or another jurisdiction is a Class X felony. |
19 | | Section 10. The Unified Code of Corrections is amended by |
20 | | changing Section 5-5-3 as follows:
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21 | | (730 ILCS 5/5-5-3) (from Ch. 38, par. 1005-5-3)
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22 | | Sec. 5-5-3. Disposition.
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23 | | (a) (Blank).
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24 | | (b) (Blank).
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1 | | (c) (1) (Blank).
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2 | | (2) A period of probation, a term of periodic imprisonment |
3 | | or
conditional discharge shall not be imposed for the following |
4 | | offenses.
The court shall sentence the offender to not less |
5 | | than the minimum term
of imprisonment set forth in this Code |
6 | | for the following offenses, and
may order a fine or restitution |
7 | | or both in conjunction with such term of
imprisonment:
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8 | | (A) First degree murder where the death penalty is not |
9 | | imposed.
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10 | | (B) Attempted first degree murder.
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11 | | (C) A Class X felony.
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12 | | (D) A violation of Section 401.1 or 407 of the
Illinois |
13 | | Controlled Substances Act, or a violation of subdivision |
14 | | (c)(1.5) or
(c)(2) of
Section 401 of that Act which relates |
15 | | to more than 5 grams of a substance
containing cocaine, |
16 | | fentanyl, or an analog thereof.
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17 | | (D-5) A violation of subdivision (c)(1) of
Section 401 |
18 | | of the Illinois Controlled Substances Act which relates to |
19 | | 3 or more grams of a substance
containing heroin or an |
20 | | analog thereof. |
21 | | (E) A violation of Section 5.1 or 9 of the Cannabis |
22 | | Control
Act.
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23 | | (F) A Class 2 or greater felony if the offender had |
24 | | been convicted
of a Class 2 or greater felony, including |
25 | | any state or federal conviction for an offense that |
26 | | contained, at the time it was committed, the same elements |
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1 | | as an offense now (the date of the offense committed after |
2 | | the prior Class 2 or greater felony) classified as a Class |
3 | | 2 or greater felony, within 10 years of the date on which |
4 | | the
offender
committed the offense for which he or she is |
5 | | being sentenced, except as
otherwise provided in Section |
6 | | 40-10 of the Alcoholism and Other Drug Abuse and
Dependency |
7 | | Act.
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8 | | (F-5) A violation of Section 24-1, 24-1.1, or 24-1.6 of |
9 | | the Criminal Code of 1961 or the Criminal Code of 2012 for |
10 | | which imprisonment is prescribed in those Sections. |
11 | | (G) Residential burglary, except as otherwise provided |
12 | | in Section 40-10
of the Alcoholism and Other Drug Abuse and |
13 | | Dependency Act.
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14 | | (H) Criminal sexual assault.
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15 | | (I) Aggravated battery of a senior citizen as described |
16 | | in Section 12-4.6 or subdivision (a)(4) of Section 12-3.05 |
17 | | of the Criminal Code of 1961 or the Criminal Code of 2012.
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18 | | (J) A forcible felony if the offense was related to the |
19 | | activities of an
organized gang.
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20 | | Before July 1, 1994, for the purposes of this |
21 | | paragraph, "organized
gang" means an association of 5 or |
22 | | more persons, with an established hierarchy,
that |
23 | | encourages members of the association to perpetrate crimes |
24 | | or provides
support to the members of the association who |
25 | | do commit crimes.
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26 | | Beginning July 1, 1994, for the purposes of this |
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1 | | paragraph,
"organized gang" has the meaning ascribed to it |
2 | | in Section 10 of the Illinois
Streetgang Terrorism Omnibus |
3 | | Prevention Act.
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4 | | (K) Vehicular hijacking.
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5 | | (L) A second or subsequent conviction for the offense |
6 | | of hate crime
when the underlying offense upon which the |
7 | | hate crime is based is felony
aggravated
assault or felony |
8 | | mob action.
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9 | | (M) A second or subsequent conviction for the offense |
10 | | of institutional
vandalism if the damage to the property |
11 | | exceeds $300.
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12 | | (N) A Class 3 felony violation of paragraph (1) of |
13 | | subsection (a) of
Section 2 of the Firearm Owners |
14 | | Identification Card Act.
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15 | | (O) A violation of Section 12-6.1 or 12-6.5 of the |
16 | | Criminal Code of 1961 or the Criminal Code of 2012.
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17 | | (P) A violation of paragraph (1), (2), (3), (4), (5), |
18 | | or (7) of
subsection (a)
of Section 11-20.1 of the Criminal |
19 | | Code of 1961 or the Criminal Code of 2012.
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20 | | (Q) A violation of subsection (b) or (b-5) of Section |
21 | | 20-1, Section 20-1.2, or Section 20-1.3 of the Criminal |
22 | | Code of
1961 or the Criminal Code of 2012.
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23 | | (R) A violation of Section 24-3A of the Criminal Code |
24 | | of
1961 or the Criminal Code of 2012.
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25 | | (S) (Blank).
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26 | | (T) A second or subsequent violation of the |
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1 | | Methamphetamine Control and Community Protection Act.
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2 | | (U) A second or subsequent violation of Section 6-303 |
3 | | of the Illinois Vehicle Code committed while his or her |
4 | | driver's license, permit, or privilege was revoked because |
5 | | of a violation of Section 9-3 of the Criminal Code of 1961 |
6 | | or the Criminal Code of 2012, relating to the offense of |
7 | | reckless homicide, or a similar provision of a law of |
8 | | another state.
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9 | | (V)
A violation of paragraph (4) of subsection (c) of |
10 | | Section 11-20.1B or paragraph (4) of subsection (c) of |
11 | | Section 11-20.3 of the Criminal Code of 1961, or paragraph |
12 | | (6) of subsection (a) of Section 11-20.1 of the Criminal |
13 | | Code of 2012 when the victim is under 13 years of age and |
14 | | the defendant has previously been convicted under the laws |
15 | | of this State or any other state of the offense of child |
16 | | pornography, aggravated child pornography, aggravated |
17 | | criminal sexual abuse, aggravated criminal sexual assault, |
18 | | predatory criminal sexual assault of a child, or any of the |
19 | | offenses formerly known as rape, deviate sexual assault, |
20 | | indecent liberties with a child, or aggravated indecent |
21 | | liberties with a child where the victim was under the age |
22 | | of 18 years or an offense that is substantially equivalent |
23 | | to those offenses. |
24 | | (W) A violation of Section 24-3.5 of the Criminal Code |
25 | | of 1961 or the Criminal Code of 2012.
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26 | | (X) A violation of subsection (a) of Section 31-1a of |
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1 | | the Criminal Code of 1961 or the Criminal Code of 2012. |
2 | | (Y) A conviction for unlawful possession of a firearm |
3 | | by a street gang member when the firearm was loaded or |
4 | | contained firearm ammunition. |
5 | | (Z) A Class 1 felony committed while he or she was |
6 | | serving a term of probation or conditional discharge for a |
7 | | felony. |
8 | | (AA) Theft of property exceeding $500,000 and not |
9 | | exceeding $1,000,000 in value. |
10 | | (BB) Laundering of criminally derived property of a |
11 | | value exceeding
$500,000. |
12 | | (CC) Knowingly selling, offering for sale, holding for |
13 | | sale, or using 2,000 or more counterfeit items or |
14 | | counterfeit items having a retail value in the aggregate of |
15 | | $500,000 or more. |
16 | | (DD) A conviction for aggravated assault under |
17 | | paragraph (6) of subsection (c) of Section 12-2 of the |
18 | | Criminal Code of 1961 or the Criminal Code of 2012 if the |
19 | | firearm is aimed toward the person against whom the firearm |
20 | | is being used. |
21 | | (EE) A conviction for a violation of paragraph (2) of |
22 | | subsection (a) of Section 24-3B of the Criminal Code of |
23 | | 2012. |
24 | | (3) (Blank).
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25 | | (4) A minimum term of imprisonment of not less than 10
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26 | | consecutive days or 30 days of community service shall be |
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1 | | imposed for a
violation of paragraph (c) of Section 6-303 of |
2 | | the Illinois Vehicle Code.
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3 | | (4.1) (Blank).
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4 | | (4.2) Except as provided in paragraphs (4.3) and (4.8) of |
5 | | this subsection (c), a
minimum of
100 hours of community |
6 | | service shall be imposed for a second violation of
Section |
7 | | 6-303
of the Illinois Vehicle Code.
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8 | | (4.3) A minimum term of imprisonment of 30 days or 300 |
9 | | hours of community
service, as determined by the court, shall
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10 | | be imposed for a second violation of subsection (c) of Section |
11 | | 6-303 of the
Illinois Vehicle Code.
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12 | | (4.4) Except as provided in paragraphs
(4.5), (4.6), and |
13 | | (4.9) of this
subsection (c), a
minimum term of imprisonment of |
14 | | 30 days or 300 hours of community service, as
determined by the |
15 | | court, shall
be imposed
for a third or subsequent violation of |
16 | | Section 6-303 of the Illinois Vehicle
Code.
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17 | | (4.5) A minimum term of imprisonment of 30 days
shall be |
18 | | imposed for a third violation of subsection (c) of
Section |
19 | | 6-303 of the Illinois Vehicle Code.
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20 | | (4.6) Except as provided in paragraph (4.10) of this |
21 | | subsection (c), a minimum term of imprisonment of 180 days |
22 | | shall be imposed for a
fourth or subsequent violation of |
23 | | subsection (c) of Section 6-303 of the
Illinois Vehicle Code.
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24 | | (4.7) A minimum term of imprisonment of not less than 30 |
25 | | consecutive days, or 300 hours of community service, shall be |
26 | | imposed for a violation of subsection (a-5) of Section 6-303 of |
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1 | | the Illinois Vehicle Code, as provided in subsection (b-5) of |
2 | | that Section.
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3 | | (4.8) A mandatory prison sentence shall be imposed for a |
4 | | second violation of subsection (a-5) of Section 6-303 of the |
5 | | Illinois Vehicle Code, as provided in subsection (c-5) of that |
6 | | Section. The person's driving privileges shall be revoked for a |
7 | | period of not less than 5 years from the date of his or her |
8 | | release from prison.
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9 | | (4.9) A mandatory prison sentence of not less than 4 and |
10 | | not more than 15 years shall be imposed for a third violation |
11 | | of subsection (a-5) of Section 6-303 of the Illinois Vehicle |
12 | | Code, as provided in subsection (d-2.5) of that Section. The |
13 | | person's driving privileges shall be revoked for the remainder |
14 | | of his or her life.
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15 | | (4.10) A mandatory prison sentence for a Class 1 felony |
16 | | shall be imposed, and the person shall be eligible for an |
17 | | extended term sentence, for a fourth or subsequent violation of |
18 | | subsection (a-5) of Section 6-303 of the Illinois Vehicle Code, |
19 | | as provided in subsection (d-3.5) of that Section. The person's |
20 | | driving privileges shall be revoked for the remainder of his or |
21 | | her life.
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22 | | (5) The court may sentence a corporation or unincorporated
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23 | | association convicted of any offense to:
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24 | | (A) a period of conditional discharge;
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25 | | (B) a fine;
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26 | | (C) make restitution to the victim under Section 5-5-6 |
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1 | | of this Code.
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2 | | (5.1) In addition to any other penalties imposed, and |
3 | | except as provided in paragraph (5.2) or (5.3), a person
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4 | | convicted of violating subsection (c) of Section 11-907 of the |
5 | | Illinois
Vehicle Code shall have his or her driver's license, |
6 | | permit, or privileges
suspended for at least 90 days but not |
7 | | more than one year, if the violation
resulted in damage to the |
8 | | property of another person.
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9 | | (5.2) In addition to any other penalties imposed, and |
10 | | except as provided in paragraph (5.3), a person convicted
of |
11 | | violating subsection (c) of Section 11-907 of the Illinois |
12 | | Vehicle Code
shall have his or her driver's license, permit, or |
13 | | privileges suspended for at
least 180 days but not more than 2 |
14 | | years, if the violation resulted in injury
to
another person.
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15 | | (5.3) In addition to any other penalties imposed, a person |
16 | | convicted of violating subsection (c) of Section
11-907 of the |
17 | | Illinois Vehicle Code shall have his or her driver's license,
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18 | | permit, or privileges suspended for 2 years, if the violation |
19 | | resulted in the
death of another person.
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20 | | (5.4) In addition to any other penalties imposed, a person |
21 | | convicted of violating Section 3-707 of the Illinois Vehicle |
22 | | Code shall have his or her driver's license, permit, or |
23 | | privileges suspended for 3 months and until he or she has paid |
24 | | a reinstatement fee of $100. |
25 | | (5.5) In addition to any other penalties imposed, a person |
26 | | convicted of violating Section 3-707 of the Illinois Vehicle |
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1 | | Code during a period in which his or her driver's license, |
2 | | permit, or privileges were suspended for a previous violation |
3 | | of that Section shall have his or her driver's license, permit, |
4 | | or privileges suspended for an additional 6 months after the |
5 | | expiration of the original 3-month suspension and until he or |
6 | | she has paid a reinstatement fee of $100.
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7 | | (6) (Blank).
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8 | | (7) (Blank).
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9 | | (8) (Blank).
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10 | | (9) A defendant convicted of a second or subsequent offense |
11 | | of ritualized
abuse of a child may be sentenced to a term of |
12 | | natural life imprisonment.
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13 | | (10) (Blank).
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14 | | (11) The court shall impose a minimum fine of $1,000 for a |
15 | | first offense
and $2,000 for a second or subsequent offense |
16 | | upon a person convicted of or
placed on supervision for battery |
17 | | when the individual harmed was a sports
official or coach at |
18 | | any level of competition and the act causing harm to the
sports
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19 | | official or coach occurred within an athletic facility or |
20 | | within the immediate vicinity
of the athletic facility at which |
21 | | the sports official or coach was an active
participant
of the |
22 | | athletic contest held at the athletic facility. For the |
23 | | purposes of
this paragraph (11), "sports official" means a |
24 | | person at an athletic contest
who enforces the rules of the |
25 | | contest, such as an umpire or referee; "athletic facility" |
26 | | means an indoor or outdoor playing field or recreational area |
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1 | | where sports activities are conducted;
and "coach" means a |
2 | | person recognized as a coach by the sanctioning
authority that |
3 | | conducted the sporting event. |
4 | | (12) A person may not receive a disposition of court |
5 | | supervision for a
violation of Section 5-16 of the Boat |
6 | | Registration and Safety Act if that
person has previously |
7 | | received a disposition of court supervision for a
violation of |
8 | | that Section.
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9 | | (13) A person convicted of or placed on court supervision |
10 | | for an assault or aggravated assault when the victim and the |
11 | | offender are family or household members as defined in Section |
12 | | 103 of the Illinois Domestic Violence Act of 1986 or convicted |
13 | | of domestic battery or aggravated domestic battery may be |
14 | | required to attend a Partner Abuse Intervention Program under |
15 | | protocols set forth by the Illinois Department of Human |
16 | | Services under such terms and conditions imposed by the court. |
17 | | The costs of such classes shall be paid by the offender.
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18 | | (d) In any case in which a sentence originally imposed is |
19 | | vacated,
the case shall be remanded to the trial court. The |
20 | | trial court shall
hold a hearing under Section 5-4-1 of the |
21 | | Unified Code of Corrections
which may include evidence of the |
22 | | defendant's life, moral character and
occupation during the |
23 | | time since the original sentence was passed. The
trial court |
24 | | shall then impose sentence upon the defendant. The trial
court |
25 | | may impose any sentence which could have been imposed at the
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26 | | original trial subject to Section 5-5-4 of the Unified Code of |
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1 | | Corrections.
If a sentence is vacated on appeal or on |
2 | | collateral attack due to the
failure of the trier of fact at |
3 | | trial to determine beyond a reasonable doubt
the
existence of a |
4 | | fact (other than a prior conviction) necessary to increase the
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5 | | punishment for the offense beyond the statutory maximum |
6 | | otherwise applicable,
either the defendant may be re-sentenced |
7 | | to a term within the range otherwise
provided or, if the State |
8 | | files notice of its intention to again seek the
extended |
9 | | sentence, the defendant shall be afforded a new trial.
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10 | | (e) In cases where prosecution for
aggravated criminal |
11 | | sexual abuse under Section 11-1.60 or 12-16 of the
Criminal |
12 | | Code of 1961 or the Criminal Code of 2012 results in conviction |
13 | | of a defendant
who was a family member of the victim at the |
14 | | time of the commission of the
offense, the court shall consider |
15 | | the safety and welfare of the victim and
may impose a sentence |
16 | | of probation only where:
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17 | | (1) the court finds (A) or (B) or both are appropriate:
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18 | | (A) the defendant is willing to undergo a court |
19 | | approved counseling
program for a minimum duration of 2 |
20 | | years; or
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21 | | (B) the defendant is willing to participate in a |
22 | | court approved plan
including but not limited to the |
23 | | defendant's:
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24 | | (i) removal from the household;
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25 | | (ii) restricted contact with the victim;
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26 | | (iii) continued financial support of the |
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1 | | family;
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2 | | (iv) restitution for harm done to the victim; |
3 | | and
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4 | | (v) compliance with any other measures that |
5 | | the court may
deem appropriate; and
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6 | | (2) the court orders the defendant to pay for the |
7 | | victim's counseling
services, to the extent that the court |
8 | | finds, after considering the
defendant's income and |
9 | | assets, that the defendant is financially capable of
paying |
10 | | for such services, if the victim was under 18 years of age |
11 | | at the
time the offense was committed and requires |
12 | | counseling as a result of the
offense.
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13 | | Probation may be revoked or modified pursuant to Section |
14 | | 5-6-4; except
where the court determines at the hearing that |
15 | | the defendant violated a
condition of his or her probation |
16 | | restricting contact with the victim or
other family members or |
17 | | commits another offense with the victim or other
family |
18 | | members, the court shall revoke the defendant's probation and
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19 | | impose a term of imprisonment.
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20 | | For the purposes of this Section, "family member" and |
21 | | "victim" shall have
the meanings ascribed to them in Section |
22 | | 11-0.1 of the Criminal Code of
2012.
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23 | | (f) (Blank).
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24 | | (g) Whenever a defendant is convicted of an offense under |
25 | | Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60,
11-14, |
26 | | 11-14.3, 11-14.4 except for an offense that involves keeping a |
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1 | | place of juvenile prostitution, 11-15, 11-15.1, 11-16, 11-17, |
2 | | 11-18, 11-18.1, 11-19, 11-19.1, 11-19.2,
12-13, 12-14, |
3 | | 12-14.1, 12-15 or 12-16 of the Criminal Code of 1961 or the |
4 | | Criminal Code of 2012,
the defendant shall undergo medical |
5 | | testing to
determine whether the defendant has any sexually |
6 | | transmissible disease,
including a test for infection with |
7 | | human immunodeficiency virus (HIV) or
any other identified |
8 | | causative agent of acquired immunodeficiency syndrome
(AIDS). |
9 | | Any such medical test shall be performed only by appropriately
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10 | | licensed medical practitioners and may include an analysis of |
11 | | any bodily
fluids as well as an examination of the defendant's |
12 | | person.
Except as otherwise provided by law, the results of |
13 | | such test shall be kept
strictly confidential by all medical |
14 | | personnel involved in the testing and must
be personally |
15 | | delivered in a sealed envelope to the judge of the court in |
16 | | which
the conviction was entered for the judge's inspection in |
17 | | camera. Acting in
accordance with the best interests of the |
18 | | victim and the public, the judge
shall have the discretion to |
19 | | determine to whom, if anyone, the results of the
testing may be |
20 | | revealed. The court shall notify the defendant
of the test |
21 | | results. The court shall
also notify the victim if requested by |
22 | | the victim, and if the victim is under
the age of 15 and if |
23 | | requested by the victim's parents or legal guardian, the
court |
24 | | shall notify the victim's parents or legal guardian of the test
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25 | | results.
The court shall provide information on the |
26 | | availability of HIV testing
and counseling at Department of |
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1 | | Public Health facilities to all parties to
whom the results of |
2 | | the testing are revealed and shall direct the State's
Attorney |
3 | | to provide the information to the victim when possible.
A |
4 | | State's Attorney may petition the court to obtain the results |
5 | | of any HIV test
administered under this Section, and the court |
6 | | shall grant the disclosure if
the State's Attorney shows it is |
7 | | relevant in order to prosecute a charge of
criminal |
8 | | transmission of HIV under Section 12-5.01 or 12-16.2 of the |
9 | | Criminal Code of 1961 or the Criminal Code of 2012
against the |
10 | | defendant. The court shall order that the cost of any such test
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11 | | shall be paid by the county and may be taxed as costs against |
12 | | the convicted
defendant.
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13 | | (g-5) When an inmate is tested for an airborne communicable |
14 | | disease, as
determined by the Illinois Department of Public |
15 | | Health including but not
limited to tuberculosis, the results |
16 | | of the test shall be
personally delivered by the warden or his |
17 | | or her designee in a sealed envelope
to the judge of the court |
18 | | in which the inmate must appear for the judge's
inspection in |
19 | | camera if requested by the judge. Acting in accordance with the
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20 | | best interests of those in the courtroom, the judge shall have |
21 | | the discretion
to determine what if any precautions need to be |
22 | | taken to prevent transmission
of the disease in the courtroom.
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23 | | (h) Whenever a defendant is convicted of an offense under |
24 | | Section 1 or 2
of the Hypodermic Syringes and Needles Act, the |
25 | | defendant shall undergo
medical testing to determine whether |
26 | | the defendant has been exposed to human
immunodeficiency virus |
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1 | | (HIV) or any other identified causative agent of
acquired |
2 | | immunodeficiency syndrome (AIDS). Except as otherwise provided |
3 | | by
law, the results of such test shall be kept strictly |
4 | | confidential by all
medical personnel involved in the testing |
5 | | and must be personally delivered in a
sealed envelope to the |
6 | | judge of the court in which the conviction was entered
for the |
7 | | judge's inspection in camera. Acting in accordance with the |
8 | | best
interests of the public, the judge shall have the |
9 | | discretion to determine to
whom, if anyone, the results of the |
10 | | testing may be revealed. The court shall
notify the defendant |
11 | | of a positive test showing an infection with the human
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12 | | immunodeficiency virus (HIV). The court shall provide |
13 | | information on the
availability of HIV testing and counseling |
14 | | at Department of Public Health
facilities to all parties to |
15 | | whom the results of the testing are revealed and
shall direct |
16 | | the State's Attorney to provide the information to the victim |
17 | | when
possible. A State's Attorney may petition the court to |
18 | | obtain the results of
any HIV test administered under this |
19 | | Section, and the court shall grant the
disclosure if the |
20 | | State's Attorney shows it is relevant in order to prosecute a
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21 | | charge of criminal transmission of HIV under Section 12-5.01 or |
22 | | 12-16.2 of the Criminal
Code of 1961 or the Criminal Code of |
23 | | 2012 against the defendant. The court shall order that the cost |
24 | | of any
such test shall be paid by the county and may be taxed as |
25 | | costs against the
convicted defendant.
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26 | | (i) All fines and penalties imposed under this Section for |
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1 | | any violation
of Chapters 3, 4, 6, and 11 of the Illinois |
2 | | Vehicle Code, or a similar
provision of a local ordinance, and |
3 | | any violation
of the Child Passenger Protection Act, or a |
4 | | similar provision of a local
ordinance, shall be collected and |
5 | | disbursed by the circuit
clerk as provided under Section 27.5 |
6 | | of the Clerks of Courts Act.
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7 | | (j) In cases when prosecution for any violation of Section |
8 | | 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-8,
11-9, |
9 | | 11-11, 11-14, 11-14.3, 11-14.4, 11-15, 11-15.1, 11-16, 11-17, |
10 | | 11-17.1, 11-18, 11-18.1,
11-19, 11-19.1, 11-19.2, 11-20.1, |
11 | | 11-20.1B, 11-20.3, 11-21, 11-30, 11-40, 12-13, 12-14, 12-14.1, |
12 | | 12-15, or
12-16 of the
Criminal Code of 1961 or the Criminal |
13 | | Code of 2012, any violation of the Illinois Controlled |
14 | | Substances Act,
any violation of the Cannabis Control Act, or |
15 | | any violation of the Methamphetamine Control and Community |
16 | | Protection Act results in conviction, a
disposition of court |
17 | | supervision, or an order of probation granted under
Section 10 |
18 | | of the Cannabis Control Act, Section 410 of the Illinois
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19 | | Controlled Substances Act, or Section 70 of the Methamphetamine |
20 | | Control and Community Protection Act of a defendant, the court |
21 | | shall determine whether the
defendant is employed by a facility |
22 | | or center as defined under the Child Care
Act of 1969, a public |
23 | | or private elementary or secondary school, or otherwise
works |
24 | | with children under 18 years of age on a daily basis. When a |
25 | | defendant
is so employed, the court shall order the Clerk of |
26 | | the Court to send a copy of
the judgment of conviction or order |
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1 | | of supervision or probation to the
defendant's employer by |
2 | | certified mail.
If the employer of the defendant is a school, |
3 | | the Clerk of the Court shall
direct the mailing of a copy of |
4 | | the judgment of conviction or order of
supervision or probation |
5 | | to the appropriate regional superintendent of schools.
The |
6 | | regional superintendent of schools shall notify the State Board |
7 | | of
Education of any notification under this subsection.
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8 | | (j-5) A defendant at least 17 years of age who is convicted |
9 | | of a felony and
who has not been previously convicted of a |
10 | | misdemeanor or felony and who is
sentenced to a term of |
11 | | imprisonment in the Illinois Department of Corrections
shall as |
12 | | a condition of his or her sentence be required by the court to |
13 | | attend
educational courses designed to prepare the defendant |
14 | | for a high school diploma
and to work toward a high school |
15 | | diploma or to work toward passing high school equivalency |
16 | | testing or to work toward
completing a vocational training |
17 | | program offered by the Department of
Corrections. If a |
18 | | defendant fails to complete the educational training
required |
19 | | by his or her sentence during the term of incarceration, the |
20 | | Prisoner
Review Board shall, as a condition of mandatory |
21 | | supervised release, require the
defendant, at his or her own |
22 | | expense, to pursue a course of study toward a high
school |
23 | | diploma or passage of high school equivalency testing. The |
24 | | Prisoner Review Board shall
revoke the mandatory supervised |
25 | | release of a defendant who wilfully fails to
comply with this |
26 | | subsection (j-5) upon his or her release from confinement in a
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1 | | penal institution while serving a mandatory supervised release |
2 | | term; however,
the inability of the defendant after making a |
3 | | good faith effort to obtain
financial aid or pay for the |
4 | | educational training shall not be deemed a wilful
failure to |
5 | | comply. The Prisoner Review Board shall recommit the defendant
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6 | | whose mandatory supervised release term has been revoked under |
7 | | this subsection
(j-5) as provided in Section 3-3-9. This |
8 | | subsection (j-5) does not apply to a
defendant who has a high |
9 | | school diploma or has successfully passed high school |
10 | | equivalency testing. This subsection (j-5) does not apply to a |
11 | | defendant who is determined by
the court to be a person with a |
12 | | developmental disability or otherwise mentally incapable of
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13 | | completing the educational or vocational program.
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14 | | (k) (Blank).
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15 | | (l) (A) Except as provided
in paragraph (C) of subsection |
16 | | (l), whenever a defendant,
who is an alien as defined by the |
17 | | Immigration and Nationality Act, is convicted
of any felony or |
18 | | misdemeanor offense, the court after sentencing the defendant
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19 | | may, upon motion of the State's Attorney, hold sentence in |
20 | | abeyance and remand
the defendant to the custody of the |
21 | | Attorney General of
the United States or his or her designated |
22 | | agent to be deported when:
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23 | | (1) a final order of deportation has been issued |
24 | | against the defendant
pursuant to proceedings under the |
25 | | Immigration and Nationality Act, and
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26 | | (2) the deportation of the defendant would not |
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1 | | deprecate the seriousness
of the defendant's conduct and |
2 | | would not be inconsistent with the ends of
justice.
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3 | | Otherwise, the defendant shall be sentenced as provided in |
4 | | this Chapter V.
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5 | | (B) If the defendant has already been sentenced for a |
6 | | felony or
misdemeanor
offense, or has been placed on probation |
7 | | under Section 10 of the Cannabis
Control Act,
Section 410 of |
8 | | the Illinois Controlled Substances Act, or Section 70 of the |
9 | | Methamphetamine Control and Community Protection Act, the |
10 | | court
may, upon motion of the State's Attorney to suspend the
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11 | | sentence imposed, commit the defendant to the custody of the |
12 | | Attorney General
of the United States or his or her designated |
13 | | agent when:
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14 | | (1) a final order of deportation has been issued |
15 | | against the defendant
pursuant to proceedings under the |
16 | | Immigration and Nationality Act, and
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17 | | (2) the deportation of the defendant would not |
18 | | deprecate the seriousness
of the defendant's conduct and |
19 | | would not be inconsistent with the ends of
justice.
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20 | | (C) This subsection (l) does not apply to offenders who are |
21 | | subject to the
provisions of paragraph (2) of subsection (a) of |
22 | | Section 3-6-3.
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23 | | (D) Upon motion of the State's Attorney, if a defendant |
24 | | sentenced under
this Section returns to the jurisdiction of the |
25 | | United States, the defendant
shall be recommitted to the |
26 | | custody of the county from which he or she was
sentenced.
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1 | | Thereafter, the defendant shall be brought before the |
2 | | sentencing court, which
may impose any sentence that was |
3 | | available under Section 5-5-3 at the time of
initial |
4 | | sentencing. In addition, the defendant shall not be eligible |
5 | | for
additional sentence credit for good conduct as provided |
6 | | under
Section 3-6-3.
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7 | | (m) A person convicted of criminal defacement of property |
8 | | under Section
21-1.3 of the Criminal Code of 1961 or the |
9 | | Criminal Code of 2012, in which the property damage exceeds |
10 | | $300
and the property damaged is a school building, shall be |
11 | | ordered to perform
community service that may include cleanup, |
12 | | removal, or painting over the
defacement.
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13 | | (n) The court may sentence a person convicted of a |
14 | | violation of Section
12-19, 12-21, 16-1.3, or 17-56, or |
15 | | subsection (a) or (b) of Section 12-4.4a, of the Criminal Code |
16 | | of 1961 or the Criminal Code of 2012 (i) to an impact
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17 | | incarceration program if the person is otherwise eligible for |
18 | | that program
under Section 5-8-1.1, (ii) to community service, |
19 | | or (iii) if the person is an
addict or alcoholic, as defined in |
20 | | the Alcoholism and Other Drug Abuse and
Dependency Act, to a |
21 | | substance or alcohol abuse program licensed under that
Act. |
22 | | (o) Whenever a person is convicted of a sex offense as |
23 | | defined in Section 2 of the Sex Offender Registration Act, the |
24 | | defendant's driver's license or permit shall be subject to |
25 | | renewal on an annual basis in accordance with the provisions of |
26 | | license renewal established by the Secretary of State.
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