| |||||||||||||||||||||||||||
| |||||||||||||||||||||||||||
| |||||||||||||||||||||||||||
| |||||||||||||||||||||||||||
| |||||||||||||||||||||||||||
1 | AN ACT concerning criminal law.
| ||||||||||||||||||||||||||
2 | Be it enacted by the People of the State of Illinois,
| ||||||||||||||||||||||||||
3 | represented in the General Assembly:
| ||||||||||||||||||||||||||
4 | Section 5. The 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 | (b) Sentence. | ||||||||||||||||||||||||||
22 | (1) Firearms trafficking is a Class 1 felony for which | ||||||||||||||||||||||||||
23 | the person, if sentenced to a term of imprisonment, shall |
| |||||||
| |||||||
1 | be sentenced to not less than 4 years and not more than 20 | ||||||
2 | years. | ||||||
3 | (2) Firearms trafficking by a person who has been | ||||||
4 | previously convicted of firearms trafficking, gunrunning, | ||||||
5 | or a felony offense for the unlawful sale, delivery, or | ||||||
6 | transfer of a firearm or firearm ammunition in this State | ||||||
7 | or another jurisdiction is a Class X felony. | ||||||
8 | Section 10. The Unified Code of Corrections is amended by | ||||||
9 | changing Section 5-5-3 as follows:
| ||||||
10 | (730 ILCS 5/5-5-3) (from Ch. 38, par. 1005-5-3)
| ||||||
11 | Sec. 5-5-3. Disposition.
| ||||||
12 | (a) (Blank).
| ||||||
13 | (b) (Blank).
| ||||||
14 | (c) (1) (Blank).
| ||||||
15 | (2) A period of probation, a term of periodic imprisonment | ||||||
16 | or
conditional discharge shall not be imposed for the following | ||||||
17 | offenses.
The court shall sentence the offender to not less | ||||||
18 | than the minimum term
of imprisonment set forth in this Code | ||||||
19 | for the following offenses, and
may order a fine or restitution | ||||||
20 | or both in conjunction with such term of
imprisonment:
| ||||||
21 | (A) First degree murder where the death penalty is not | ||||||
22 | imposed.
| ||||||
23 | (B) Attempted first degree murder.
| ||||||
24 | (C) A Class X felony.
|
| |||||||
| |||||||
1 | (D) A violation of Section 401.1 or 407 of the
Illinois | ||||||
2 | Controlled Substances Act, or a violation of subdivision | ||||||
3 | (c)(1.5) or
(c)(2) of
Section 401 of that Act which relates | ||||||
4 | to more than 5 grams of a substance
containing cocaine, | ||||||
5 | fentanyl, or an analog thereof.
| ||||||
6 | (D-5) A violation of subdivision (c)(1) of
Section 401 | ||||||
7 | of the Illinois Controlled Substances Act which relates to | ||||||
8 | 3 or more grams of a substance
containing heroin or an | ||||||
9 | analog thereof. | ||||||
10 | (E) A violation of Section 5.1 or 9 of the Cannabis | ||||||
11 | Control
Act.
| ||||||
12 | (F) A Class 2 or greater felony if the offender had | ||||||
13 | been convicted
of a Class 2 or greater felony, including | ||||||
14 | any state or federal conviction for an offense that | ||||||
15 | contained, at the time it was committed, the same elements | ||||||
16 | as an offense now (the date of the offense committed after | ||||||
17 | the prior Class 2 or greater felony) classified as a Class | ||||||
18 | 2 or greater felony, within 10 years of the date on which | ||||||
19 | the
offender
committed the offense for which he or she is | ||||||
20 | being sentenced, except as
otherwise provided in Section | ||||||
21 | 40-10 of the Alcoholism and Other Drug Abuse and
Dependency | ||||||
22 | Act.
| ||||||
23 | (F-5) A violation of Section 24-1, 24-1.1, or 24-1.6 of | ||||||
24 | the Criminal Code of 1961 or the Criminal Code of 2012 for | ||||||
25 | which imprisonment is prescribed in those Sections. | ||||||
26 | (G) Residential burglary, except as otherwise provided |
| |||||||
| |||||||
1 | in Section 40-10
of the Alcoholism and Other Drug Abuse and | ||||||
2 | Dependency Act.
| ||||||
3 | (H) Criminal sexual assault.
| ||||||
4 | (I) Aggravated battery of a senior citizen as described | ||||||
5 | in Section 12-4.6 or subdivision (a)(4) of Section 12-3.05 | ||||||
6 | of the Criminal Code of 1961 or the Criminal Code of 2012.
| ||||||
7 | (J) A forcible felony if the offense was related to the | ||||||
8 | activities of an
organized gang.
| ||||||
9 | Before July 1, 1994, for the purposes of this | ||||||
10 | paragraph, "organized
gang" means an association of 5 or | ||||||
11 | more persons, with an established hierarchy,
that | ||||||
12 | encourages members of the association to perpetrate crimes | ||||||
13 | or provides
support to the members of the association who | ||||||
14 | do commit crimes.
| ||||||
15 | Beginning July 1, 1994, for the purposes of this | ||||||
16 | paragraph,
"organized gang" has the meaning ascribed to it | ||||||
17 | in Section 10 of the Illinois
Streetgang Terrorism Omnibus | ||||||
18 | Prevention Act.
| ||||||
19 | (K) Vehicular hijacking.
| ||||||
20 | (L) A second or subsequent conviction for the offense | ||||||
21 | of hate crime
when the underlying offense upon which the | ||||||
22 | hate crime is based is felony
aggravated
assault or felony | ||||||
23 | mob action.
| ||||||
24 | (M) A second or subsequent conviction for the offense | ||||||
25 | of institutional
vandalism if the damage to the property | ||||||
26 | exceeds $300.
|
| |||||||
| |||||||
1 | (N) A Class 3 felony violation of paragraph (1) of | ||||||
2 | subsection (a) of
Section 2 of the Firearm Owners | ||||||
3 | Identification Card Act.
| ||||||
4 | (O) A violation of Section 12-6.1 or 12-6.5 of the | ||||||
5 | Criminal Code of 1961 or the Criminal Code of 2012.
| ||||||
6 | (P) A violation of paragraph (1), (2), (3), (4), (5), | ||||||
7 | or (7) of
subsection (a)
of Section 11-20.1 of the Criminal | ||||||
8 | Code of 1961 or the Criminal Code of 2012.
| ||||||
9 | (Q) A violation of subsection (b) or (b-5) of Section | ||||||
10 | 20-1, Section 20-1.2, or Section 20-1.3 of the Criminal | ||||||
11 | Code of
1961 or the Criminal Code of 2012.
| ||||||
12 | (R) A violation of Section 24-3A of the Criminal Code | ||||||
13 | of
1961 or the Criminal Code of 2012.
| ||||||
14 | (S) (Blank).
| ||||||
15 | (T) A second or subsequent violation of the | ||||||
16 | Methamphetamine Control and Community Protection Act.
| ||||||
17 | (U) A second or subsequent violation of Section 6-303 | ||||||
18 | of the Illinois Vehicle Code committed while his or her | ||||||
19 | driver's license, permit, or privilege was revoked because | ||||||
20 | of a violation of Section 9-3 of the Criminal Code of 1961 | ||||||
21 | or the Criminal Code of 2012, relating to the offense of | ||||||
22 | reckless homicide, or a similar provision of a law of | ||||||
23 | another state.
| ||||||
24 | (V)
A violation of paragraph (4) of subsection (c) of | ||||||
25 | Section 11-20.1B or paragraph (4) of subsection (c) of | ||||||
26 | Section 11-20.3 of the Criminal Code of 1961, or paragraph |
| |||||||
| |||||||
1 | (6) of subsection (a) of Section 11-20.1 of the Criminal | ||||||
2 | Code of 2012 when the victim is under 13 years of age and | ||||||
3 | the defendant has previously been convicted under the laws | ||||||
4 | of this State or any other state of the offense of child | ||||||
5 | pornography, aggravated child pornography, aggravated | ||||||
6 | criminal sexual abuse, aggravated criminal sexual assault, | ||||||
7 | predatory criminal sexual assault of a child, or any of the | ||||||
8 | offenses formerly known as rape, deviate sexual assault, | ||||||
9 | indecent liberties with a child, or aggravated indecent | ||||||
10 | liberties with a child where the victim was under the age | ||||||
11 | of 18 years or an offense that is substantially equivalent | ||||||
12 | to those offenses. | ||||||
13 | (W) A violation of Section 24-3.5 of the Criminal Code | ||||||
14 | of 1961 or the Criminal Code of 2012.
| ||||||
15 | (X) A violation of subsection (a) of Section 31-1a of | ||||||
16 | the Criminal Code of 1961 or the Criminal Code of 2012. | ||||||
17 | (Y) A conviction for unlawful possession of a firearm | ||||||
18 | by a street gang member when the firearm was loaded or | ||||||
19 | contained firearm ammunition. | ||||||
20 | (Z) A Class 1 felony committed while he or she was | ||||||
21 | serving a term of probation or conditional discharge for a | ||||||
22 | felony. | ||||||
23 | (AA) Theft of property exceeding $500,000 and not | ||||||
24 | exceeding $1,000,000 in value. | ||||||
25 | (BB) Laundering of criminally derived property of a | ||||||
26 | value exceeding
$500,000. |
| |||||||
| |||||||
1 | (CC) Knowingly selling, offering for sale, holding for | ||||||
2 | sale, or using 2,000 or more counterfeit items or | ||||||
3 | counterfeit items having a retail value in the aggregate of | ||||||
4 | $500,000 or more. | ||||||
5 | (DD) A conviction for aggravated assault under | ||||||
6 | paragraph (6) of subsection (c) of Section 12-2 of the | ||||||
7 | Criminal Code of 1961 or the Criminal Code of 2012 if the | ||||||
8 | firearm is aimed toward the person against whom the firearm | ||||||
9 | is being used. | ||||||
10 | (EE) A conviction for a violation of paragraph (2) of | ||||||
11 | subsection (a) of Section 24-3B of the Criminal Code of | ||||||
12 | 2012. | ||||||
13 | (3) (Blank).
| ||||||
14 | (4) A minimum term of imprisonment of not less than 10
| ||||||
15 | consecutive days or 30 days of community service shall be | ||||||
16 | imposed for a
violation of paragraph (c) of Section 6-303 of | ||||||
17 | the Illinois Vehicle Code.
| ||||||
18 | (4.1) (Blank).
| ||||||
19 | (4.2) Except as provided in paragraphs (4.3) and (4.8) of | ||||||
20 | this subsection (c), a
minimum of
100 hours of community | ||||||
21 | service shall be imposed for a second violation of
Section | ||||||
22 | 6-303
of the Illinois Vehicle Code.
| ||||||
23 | (4.3) A minimum term of imprisonment of 30 days or 300 | ||||||
24 | hours of community
service, as determined by the court, shall
| ||||||
25 | be imposed for a second violation of subsection (c) of Section | ||||||
26 | 6-303 of the
Illinois Vehicle Code.
|
| |||||||
| |||||||
1 | (4.4) Except as provided in paragraphs
(4.5), (4.6), and | ||||||
2 | (4.9) of this
subsection (c), a
minimum term of imprisonment of | ||||||
3 | 30 days or 300 hours of community service, as
determined by the | ||||||
4 | court, shall
be imposed
for a third or subsequent violation of | ||||||
5 | Section 6-303 of the Illinois Vehicle
Code.
| ||||||
6 | (4.5) A minimum term of imprisonment of 30 days
shall be | ||||||
7 | imposed for a third violation of subsection (c) of
Section | ||||||
8 | 6-303 of the Illinois Vehicle Code.
| ||||||
9 | (4.6) Except as provided in paragraph (4.10) of this | ||||||
10 | subsection (c), a minimum term of imprisonment of 180 days | ||||||
11 | shall be imposed for a
fourth or subsequent violation of | ||||||
12 | subsection (c) of Section 6-303 of the
Illinois Vehicle Code.
| ||||||
13 | (4.7) A minimum term of imprisonment of not less than 30 | ||||||
14 | consecutive days, or 300 hours of community service, shall be | ||||||
15 | imposed for a violation of subsection (a-5) of Section 6-303 of | ||||||
16 | the Illinois Vehicle Code, as provided in subsection (b-5) of | ||||||
17 | that Section.
| ||||||
18 | (4.8) A mandatory prison sentence shall be imposed for a | ||||||
19 | second violation of subsection (a-5) of Section 6-303 of the | ||||||
20 | Illinois Vehicle Code, as provided in subsection (c-5) of that | ||||||
21 | Section. The person's driving privileges shall be revoked for a | ||||||
22 | period of not less than 5 years from the date of his or her | ||||||
23 | release from prison.
| ||||||
24 | (4.9) A mandatory prison sentence of not less than 4 and | ||||||
25 | not more than 15 years shall be imposed for a third violation | ||||||
26 | of subsection (a-5) of Section 6-303 of the Illinois Vehicle |
| |||||||
| |||||||
1 | Code, as provided in subsection (d-2.5) of that Section. The | ||||||
2 | person's driving privileges shall be revoked for the remainder | ||||||
3 | of his or her life.
| ||||||
4 | (4.10) A mandatory prison sentence for a Class 1 felony | ||||||
5 | shall be imposed, and the person shall be eligible for an | ||||||
6 | extended term sentence, for a fourth or subsequent violation of | ||||||
7 | subsection (a-5) of Section 6-303 of the Illinois Vehicle Code, | ||||||
8 | as provided in subsection (d-3.5) of that Section. The person's | ||||||
9 | driving privileges shall be revoked for the remainder of his or | ||||||
10 | her life.
| ||||||
11 | (5) The court may sentence a corporation or unincorporated
| ||||||
12 | association convicted of any offense to:
| ||||||
13 | (A) a period of conditional discharge;
| ||||||
14 | (B) a fine;
| ||||||
15 | (C) make restitution to the victim under Section 5-5-6 | ||||||
16 | of this Code.
| ||||||
17 | (5.1) In addition to any other penalties imposed, and | ||||||
18 | except as provided in paragraph (5.2) or (5.3), a person
| ||||||
19 | convicted of violating subsection (c) of Section 11-907 of the | ||||||
20 | Illinois
Vehicle Code shall have his or her driver's license, | ||||||
21 | permit, or privileges
suspended for at least 90 days but not | ||||||
22 | more than one year, if the violation
resulted in damage to the | ||||||
23 | property of another person.
| ||||||
24 | (5.2) In addition to any other penalties imposed, and | ||||||
25 | except as provided in paragraph (5.3), a person convicted
of | ||||||
26 | violating subsection (c) of Section 11-907 of the Illinois |
| |||||||
| |||||||
1 | Vehicle Code
shall have his or her driver's license, permit, or | ||||||
2 | privileges suspended for at
least 180 days but not more than 2 | ||||||
3 | years, if the violation resulted in injury
to
another person.
| ||||||
4 | (5.3) In addition to any other penalties imposed, a person | ||||||
5 | convicted of violating subsection (c) of Section
11-907 of the | ||||||
6 | Illinois Vehicle Code shall have his or her driver's license,
| ||||||
7 | permit, or privileges suspended for 2 years, if the violation | ||||||
8 | resulted in the
death of another person.
| ||||||
9 | (5.4) In addition to any other penalties imposed, a person | ||||||
10 | convicted of violating Section 3-707 of the Illinois Vehicle | ||||||
11 | Code shall have his or her driver's license, permit, or | ||||||
12 | privileges suspended for 3 months and until he or she has paid | ||||||
13 | a reinstatement fee of $100. | ||||||
14 | (5.5) In addition to any other penalties imposed, a person | ||||||
15 | convicted of violating Section 3-707 of the Illinois Vehicle | ||||||
16 | Code during a period in which his or her driver's license, | ||||||
17 | permit, or privileges were suspended for a previous violation | ||||||
18 | of that Section shall have his or her driver's license, permit, | ||||||
19 | or privileges suspended for an additional 6 months after the | ||||||
20 | expiration of the original 3-month suspension and until he or | ||||||
21 | she has paid a reinstatement fee of $100.
| ||||||
22 | (6) (Blank).
| ||||||
23 | (7) (Blank).
| ||||||
24 | (8) (Blank).
| ||||||
25 | (9) A defendant convicted of a second or subsequent offense | ||||||
26 | of ritualized
abuse of a child may be sentenced to a term of |
| |||||||
| |||||||
1 | natural life imprisonment.
| ||||||
2 | (10) (Blank).
| ||||||
3 | (11) The court shall impose a minimum fine of $1,000 for a | ||||||
4 | first offense
and $2,000 for a second or subsequent offense | ||||||
5 | upon a person convicted of or
placed on supervision for battery | ||||||
6 | when the individual harmed was a sports
official or coach at | ||||||
7 | any level of competition and the act causing harm to the
sports
| ||||||
8 | official or coach occurred within an athletic facility or | ||||||
9 | within the immediate vicinity
of the athletic facility at which | ||||||
10 | the sports official or coach was an active
participant
of the | ||||||
11 | athletic contest held at the athletic facility. For the | ||||||
12 | purposes of
this paragraph (11), "sports official" means a | ||||||
13 | person at an athletic contest
who enforces the rules of the | ||||||
14 | contest, such as an umpire or referee; "athletic facility" | ||||||
15 | means an indoor or outdoor playing field or recreational area | ||||||
16 | where sports activities are conducted;
and "coach" means a | ||||||
17 | person recognized as a coach by the sanctioning
authority that | ||||||
18 | conducted the sporting event. | ||||||
19 | (12) A person may not receive a disposition of court | ||||||
20 | supervision for a
violation of Section 5-16 of the Boat | ||||||
21 | Registration and Safety Act if that
person has previously | ||||||
22 | received a disposition of court supervision for a
violation of | ||||||
23 | that Section.
| ||||||
24 | (13) A person convicted of or placed on court supervision | ||||||
25 | for an assault or aggravated assault when the victim and the | ||||||
26 | offender are family or household members as defined in Section |
| |||||||
| |||||||
1 | 103 of the Illinois Domestic Violence Act of 1986 or convicted | ||||||
2 | of domestic battery or aggravated domestic battery may be | ||||||
3 | required to attend a Partner Abuse Intervention Program under | ||||||
4 | protocols set forth by the Illinois Department of Human | ||||||
5 | Services under such terms and conditions imposed by the court. | ||||||
6 | The costs of such classes shall be paid by the offender.
| ||||||
7 | (d) In any case in which a sentence originally imposed is | ||||||
8 | vacated,
the case shall be remanded to the trial court. The | ||||||
9 | trial court shall
hold a hearing under Section 5-4-1 of the | ||||||
10 | Unified Code of Corrections
which may include evidence of the | ||||||
11 | defendant's life, moral character and
occupation during the | ||||||
12 | time since the original sentence was passed. The
trial court | ||||||
13 | shall then impose sentence upon the defendant. The trial
court | ||||||
14 | may impose any sentence which could have been imposed at the
| ||||||
15 | original trial subject to Section 5-5-4 of the Unified Code of | ||||||
16 | Corrections.
If a sentence is vacated on appeal or on | ||||||
17 | collateral attack due to the
failure of the trier of fact at | ||||||
18 | trial to determine beyond a reasonable doubt
the
existence of a | ||||||
19 | fact (other than a prior conviction) necessary to increase the
| ||||||
20 | punishment for the offense beyond the statutory maximum | ||||||
21 | otherwise applicable,
either the defendant may be re-sentenced | ||||||
22 | to a term within the range otherwise
provided or, if the State | ||||||
23 | files notice of its intention to again seek the
extended | ||||||
24 | sentence, the defendant shall be afforded a new trial.
| ||||||
25 | (e) In cases where prosecution for
aggravated criminal | ||||||
26 | sexual abuse under Section 11-1.60 or 12-16 of the
Criminal |
| |||||||
| |||||||
1 | Code of 1961 or the Criminal Code of 2012 results in conviction | ||||||
2 | of a defendant
who was a family member of the victim at the | ||||||
3 | time of the commission of the
offense, the court shall consider | ||||||
4 | the safety and welfare of the victim and
may impose a sentence | ||||||
5 | of probation only where:
| ||||||
6 | (1) the court finds (A) or (B) or both are appropriate:
| ||||||
7 | (A) the defendant is willing to undergo a court | ||||||
8 | approved counseling
program for a minimum duration of 2 | ||||||
9 | years; or
| ||||||
10 | (B) the defendant is willing to participate in a | ||||||
11 | court approved plan
including but not limited to the | ||||||
12 | defendant's:
| ||||||
13 | (i) removal from the household;
| ||||||
14 | (ii) restricted contact with the victim;
| ||||||
15 | (iii) continued financial support of the | ||||||
16 | family;
| ||||||
17 | (iv) restitution for harm done to the victim; | ||||||
18 | and
| ||||||
19 | (v) compliance with any other measures that | ||||||
20 | the court may
deem appropriate; and
| ||||||
21 | (2) the court orders the defendant to pay for the | ||||||
22 | victim's counseling
services, to the extent that the court | ||||||
23 | finds, after considering the
defendant's income and | ||||||
24 | assets, that the defendant is financially capable of
paying | ||||||
25 | for such services, if the victim was under 18 years of age | ||||||
26 | at the
time the offense was committed and requires |
| |||||||
| |||||||
1 | counseling as a result of the
offense.
| ||||||
2 | Probation may be revoked or modified pursuant to Section | ||||||
3 | 5-6-4; except
where the court determines at the hearing that | ||||||
4 | the defendant violated a
condition of his or her probation | ||||||
5 | restricting contact with the victim or
other family members or | ||||||
6 | commits another offense with the victim or other
family | ||||||
7 | members, the court shall revoke the defendant's probation and
| ||||||
8 | impose a term of imprisonment.
| ||||||
9 | For the purposes of this Section, "family member" and | ||||||
10 | "victim" shall have
the meanings ascribed to them in Section | ||||||
11 | 11-0.1 of the Criminal Code of
2012.
| ||||||
12 | (f) (Blank).
| ||||||
13 | (g) Whenever a defendant is convicted of an offense under | ||||||
14 | Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60,
11-14, | ||||||
15 | 11-14.3, 11-14.4 except for an offense that involves keeping a | ||||||
16 | place of juvenile prostitution, 11-15, 11-15.1, 11-16, 11-17, | ||||||
17 | 11-18, 11-18.1, 11-19, 11-19.1, 11-19.2,
12-13, 12-14, | ||||||
18 | 12-14.1, 12-15 or 12-16 of the Criminal Code of 1961 or the | ||||||
19 | Criminal Code of 2012,
the defendant shall undergo medical | ||||||
20 | testing to
determine whether the defendant has any sexually | ||||||
21 | transmissible disease,
including a test for infection with | ||||||
22 | human immunodeficiency virus (HIV) or
any other identified | ||||||
23 | causative agent of acquired immunodeficiency syndrome
(AIDS). | ||||||
24 | Any such medical test shall be performed only by appropriately
| ||||||
25 | licensed medical practitioners and may include an analysis of | ||||||
26 | any bodily
fluids as well as an examination of the defendant's |
| |||||||
| |||||||
1 | person.
Except as otherwise provided by law, the results of | ||||||
2 | such test shall be kept
strictly confidential by all medical | ||||||
3 | personnel involved in the testing and must
be personally | ||||||
4 | delivered in a sealed envelope to the judge of the court in | ||||||
5 | which
the conviction was entered for the judge's inspection in | ||||||
6 | camera. Acting in
accordance with the best interests of the | ||||||
7 | victim and the public, the judge
shall have the discretion to | ||||||
8 | determine to whom, if anyone, the results of the
testing may be | ||||||
9 | revealed. The court shall notify the defendant
of the test | ||||||
10 | results. The court shall
also notify the victim if requested by | ||||||
11 | the victim, and if the victim is under
the age of 15 and if | ||||||
12 | requested by the victim's parents or legal guardian, the
court | ||||||
13 | shall notify the victim's parents or legal guardian of the test
| ||||||
14 | results.
The court shall provide information on the | ||||||
15 | availability of HIV testing
and counseling at Department of | ||||||
16 | Public Health facilities to all parties to
whom the results of | ||||||
17 | the testing are revealed and shall direct the State's
Attorney | ||||||
18 | to provide the information to the victim when possible.
A | ||||||
19 | State's Attorney may petition the court to obtain the results | ||||||
20 | of any HIV test
administered under this Section, and the court | ||||||
21 | shall grant the disclosure if
the State's Attorney shows it is | ||||||
22 | relevant in order to prosecute a charge of
criminal | ||||||
23 | transmission of HIV under Section 12-5.01 or 12-16.2 of the | ||||||
24 | Criminal Code of 1961 or the Criminal Code of 2012
against the | ||||||
25 | defendant. The court shall order that the cost of any such test
| ||||||
26 | shall be paid by the county and may be taxed as costs against |
| |||||||
| |||||||
1 | the convicted
defendant.
| ||||||
2 | (g-5) When an inmate is tested for an airborne communicable | ||||||
3 | disease, as
determined by the Illinois Department of Public | ||||||
4 | Health including but not
limited to tuberculosis, the results | ||||||
5 | of the test shall be
personally delivered by the warden or his | ||||||
6 | or her designee in a sealed envelope
to the judge of the court | ||||||
7 | in which the inmate must appear for the judge's
inspection in | ||||||
8 | camera if requested by the judge. Acting in accordance with the
| ||||||
9 | best interests of those in the courtroom, the judge shall have | ||||||
10 | the discretion
to determine what if any precautions need to be | ||||||
11 | taken to prevent transmission
of the disease in the courtroom.
| ||||||
12 | (h) Whenever a defendant is convicted of an offense under | ||||||
13 | Section 1 or 2
of the Hypodermic Syringes and Needles Act, the | ||||||
14 | defendant shall undergo
medical testing to determine whether | ||||||
15 | the defendant has been exposed to human
immunodeficiency virus | ||||||
16 | (HIV) or any other identified causative agent of
acquired | ||||||
17 | immunodeficiency syndrome (AIDS). Except as otherwise provided | ||||||
18 | by
law, the results of such test shall be kept strictly | ||||||
19 | confidential by all
medical personnel involved in the testing | ||||||
20 | and must be personally delivered in a
sealed envelope to the | ||||||
21 | judge of the court in which the conviction was entered
for the | ||||||
22 | judge's inspection in camera. Acting in accordance with the | ||||||
23 | best
interests of the public, the judge shall have the | ||||||
24 | discretion to determine to
whom, if anyone, the results of the | ||||||
25 | testing may be revealed. The court shall
notify the defendant | ||||||
26 | of a positive test showing an infection with the human
|
| |||||||
| |||||||
1 | immunodeficiency virus (HIV). The court shall provide | ||||||
2 | information on the
availability of HIV testing and counseling | ||||||
3 | at Department of Public Health
facilities to all parties to | ||||||
4 | whom the results of the testing are revealed and
shall direct | ||||||
5 | the State's Attorney to provide the information to the victim | ||||||
6 | when
possible. A State's Attorney may petition the court to | ||||||
7 | obtain the results of
any HIV test administered under this | ||||||
8 | Section, and the court shall grant the
disclosure if the | ||||||
9 | State's Attorney shows it is relevant in order to prosecute a
| ||||||
10 | charge of criminal transmission of HIV under Section 12-5.01 or | ||||||
11 | 12-16.2 of the Criminal
Code of 1961 or the Criminal Code of | ||||||
12 | 2012 against the defendant. The court shall order that the cost | ||||||
13 | of any
such test shall be paid by the county and may be taxed as | ||||||
14 | costs against the
convicted defendant.
| ||||||
15 | (i) All fines and penalties imposed under this Section for | ||||||
16 | any violation
of Chapters 3, 4, 6, and 11 of the Illinois | ||||||
17 | Vehicle Code, or a similar
provision of a local ordinance, and | ||||||
18 | any violation
of the Child Passenger Protection Act, or a | ||||||
19 | similar provision of a local
ordinance, shall be collected and | ||||||
20 | disbursed by the circuit
clerk as provided under Section 27.5 | ||||||
21 | of the Clerks of Courts Act.
| ||||||
22 | (j) In cases when prosecution for any violation of Section | ||||||
23 | 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-8,
11-9, | ||||||
24 | 11-11, 11-14, 11-14.3, 11-14.4, 11-15, 11-15.1, 11-16, 11-17, | ||||||
25 | 11-17.1, 11-18, 11-18.1,
11-19, 11-19.1, 11-19.2, 11-20.1, | ||||||
26 | 11-20.1B, 11-20.3, 11-21, 11-30, 11-40, 12-13, 12-14, 12-14.1, |
| |||||||
| |||||||
1 | 12-15, or
12-16 of the
Criminal Code of 1961 or the Criminal | ||||||
2 | Code of 2012, any violation of the Illinois Controlled | ||||||
3 | Substances Act,
any violation of the Cannabis Control Act, or | ||||||
4 | any violation of the Methamphetamine Control and Community | ||||||
5 | Protection Act results in conviction, a
disposition of court | ||||||
6 | supervision, or an order of probation granted under
Section 10 | ||||||
7 | of the Cannabis Control Act, Section 410 of the Illinois
| ||||||
8 | Controlled Substances Act, or Section 70 of the Methamphetamine | ||||||
9 | Control and Community Protection Act of a defendant, the court | ||||||
10 | shall determine whether the
defendant is employed by a facility | ||||||
11 | or center as defined under the Child Care
Act of 1969, a public | ||||||
12 | or private elementary or secondary school, or otherwise
works | ||||||
13 | with children under 18 years of age on a daily basis. When a | ||||||
14 | defendant
is so employed, the court shall order the Clerk of | ||||||
15 | the Court to send a copy of
the judgment of conviction or order | ||||||
16 | of supervision or probation to the
defendant's employer by | ||||||
17 | certified mail.
If the employer of the defendant is a school, | ||||||
18 | the Clerk of the Court shall
direct the mailing of a copy of | ||||||
19 | the judgment of conviction or order of
supervision or probation | ||||||
20 | to the appropriate regional superintendent of schools.
The | ||||||
21 | regional superintendent of schools shall notify the State Board | ||||||
22 | of
Education of any notification under this subsection.
| ||||||
23 | (j-5) A defendant at least 17 years of age who is convicted | ||||||
24 | of a felony and
who has not been previously convicted of a | ||||||
25 | misdemeanor or felony and who is
sentenced to a term of | ||||||
26 | imprisonment in the Illinois Department of Corrections
shall as |
| |||||||
| |||||||
1 | a condition of his or her sentence be required by the court to | ||||||
2 | attend
educational courses designed to prepare the defendant | ||||||
3 | for a high school diploma
and to work toward a high school | ||||||
4 | diploma or to work toward passing high school equivalency | ||||||
5 | testing or to work toward
completing a vocational training | ||||||
6 | program offered by the Department of
Corrections. If a | ||||||
7 | defendant fails to complete the educational training
required | ||||||
8 | by his or her sentence during the term of incarceration, the | ||||||
9 | Prisoner
Review Board shall, as a condition of mandatory | ||||||
10 | supervised release, require the
defendant, at his or her own | ||||||
11 | expense, to pursue a course of study toward a high
school | ||||||
12 | diploma or passage of high school equivalency testing. The | ||||||
13 | Prisoner Review Board shall
revoke the mandatory supervised | ||||||
14 | release of a defendant who wilfully fails to
comply with this | ||||||
15 | subsection (j-5) upon his or her release from confinement in a
| ||||||
16 | penal institution while serving a mandatory supervised release | ||||||
17 | term; however,
the inability of the defendant after making a | ||||||
18 | good faith effort to obtain
financial aid or pay for the | ||||||
19 | educational training shall not be deemed a wilful
failure to | ||||||
20 | comply. The Prisoner Review Board shall recommit the defendant
| ||||||
21 | whose mandatory supervised release term has been revoked under | ||||||
22 | this subsection
(j-5) as provided in Section 3-3-9. This | ||||||
23 | subsection (j-5) does not apply to a
defendant who has a high | ||||||
24 | school diploma or has successfully passed high school | ||||||
25 | equivalency testing. This subsection (j-5) does not apply to a | ||||||
26 | defendant who is determined by
the court to be a person with a |
| |||||||
| |||||||
1 | developmental disability or otherwise mentally incapable of
| ||||||
2 | completing the educational or vocational program.
| ||||||
3 | (k) (Blank).
| ||||||
4 | (l) (A) Except as provided
in paragraph (C) of subsection | ||||||
5 | (l), whenever a defendant,
who is an alien as defined by the | ||||||
6 | Immigration and Nationality Act, is convicted
of any felony or | ||||||
7 | misdemeanor offense, the court after sentencing the defendant
| ||||||
8 | may, upon motion of the State's Attorney, hold sentence in | ||||||
9 | abeyance and remand
the defendant to the custody of the | ||||||
10 | Attorney General of
the United States or his or her designated | ||||||
11 | agent to be deported when:
| ||||||
12 | (1) a final order of deportation has been issued | ||||||
13 | against the defendant
pursuant to proceedings under the | ||||||
14 | Immigration and Nationality Act, and
| ||||||
15 | (2) the deportation of the defendant would not | ||||||
16 | deprecate the seriousness
of the defendant's conduct and | ||||||
17 | would not be inconsistent with the ends of
justice.
| ||||||
18 | Otherwise, the defendant shall be sentenced as provided in | ||||||
19 | this Chapter V.
| ||||||
20 | (B) If the defendant has already been sentenced for a | ||||||
21 | felony or
misdemeanor
offense, or has been placed on probation | ||||||
22 | under Section 10 of the Cannabis
Control Act,
Section 410 of | ||||||
23 | the Illinois Controlled Substances Act, or Section 70 of the | ||||||
24 | Methamphetamine Control and Community Protection Act, the | ||||||
25 | court
may, upon motion of the State's Attorney to suspend the
| ||||||
26 | sentence imposed, commit the defendant to the custody of the |
| |||||||
| |||||||
1 | Attorney General
of the United States or his or her designated | ||||||
2 | agent when:
| ||||||
3 | (1) a final order of deportation has been issued | ||||||
4 | against the defendant
pursuant to proceedings under the | ||||||
5 | Immigration and Nationality Act, and
| ||||||
6 | (2) the deportation of the defendant would not | ||||||
7 | deprecate the seriousness
of the defendant's conduct and | ||||||
8 | would not be inconsistent with the ends of
justice.
| ||||||
9 | (C) This subsection (l) does not apply to offenders who are | ||||||
10 | subject to the
provisions of paragraph (2) of subsection (a) of | ||||||
11 | Section 3-6-3.
| ||||||
12 | (D) Upon motion of the State's Attorney, if a defendant | ||||||
13 | sentenced under
this Section returns to the jurisdiction of the | ||||||
14 | United States, the defendant
shall be recommitted to the | ||||||
15 | custody of the county from which he or she was
sentenced.
| ||||||
16 | Thereafter, the defendant shall be brought before the | ||||||
17 | sentencing court, which
may impose any sentence that was | ||||||
18 | available under Section 5-5-3 at the time of
initial | ||||||
19 | sentencing. In addition, the defendant shall not be eligible | ||||||
20 | for
additional sentence credit for good conduct as provided | ||||||
21 | under
Section 3-6-3.
| ||||||
22 | (m) A person convicted of criminal defacement of property | ||||||
23 | under Section
21-1.3 of the Criminal Code of 1961 or the | ||||||
24 | Criminal Code of 2012, in which the property damage exceeds | ||||||
25 | $300
and the property damaged is a school building, shall be | ||||||
26 | ordered to perform
community service that may include cleanup, |
| |||||||
| |||||||
1 | removal, or painting over the
defacement.
| ||||||
2 | (n) The court may sentence a person convicted of a | ||||||
3 | violation of Section
12-19, 12-21, 16-1.3, or 17-56, or | ||||||
4 | subsection (a) or (b) of Section 12-4.4a, of the Criminal Code | ||||||
5 | of 1961 or the Criminal Code of 2012 (i) to an impact
| ||||||
6 | incarceration program if the person is otherwise eligible for | ||||||
7 | that program
under Section 5-8-1.1, (ii) to community service, | ||||||
8 | or (iii) if the person is an
addict or alcoholic, as defined in | ||||||
9 | the Alcoholism and Other Drug Abuse and
Dependency Act, to a | ||||||
10 | substance or alcohol abuse program licensed under that
Act. | ||||||
11 | (o) Whenever a person is convicted of a sex offense as | ||||||
12 | defined in Section 2 of the Sex Offender Registration Act, the | ||||||
13 | defendant's driver's license or permit shall be subject to | ||||||
14 | renewal on an annual basis in accordance with the provisions of | ||||||
15 | license renewal established by the Secretary of State.
| ||||||
16 | (Source: P.A. 98-718, eff. 1-1-15; 98-756, eff. 7-16-14; | ||||||
17 | 99-143, eff. 7-27-15.)
| ||||||
18 | Section 99. Effective date. This Act takes effect upon | ||||||
19 | becoming law.
|