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| Public Act 096-0829 |
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AN ACT concerning criminal law.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Criminal Code of 1961 is amended by changing | ||||
Section 24-1.6 and by adding Section 24-1.8 as follows:
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(720 ILCS 5/24-1.6)
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Sec. 24-1.6. Aggravated unlawful use of a weapon.
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(a) A person commits the offense of aggravated unlawful use | ||||
of a weapon when
he or she knowingly:
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(1) Carries on or about his or her person or in any | ||||
vehicle or concealed
on or about his or her person except | ||||
when on his or her land or in his or her
abode, legal | ||||
dwelling, or fixed place of business, or on the land or in | ||||
the legal dwelling of another person as an invitee with | ||||
that person's permission, any pistol, revolver, stun gun or | ||||
taser or
other firearm; or
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(2) Carries or possesses on or about his or her person, | ||||
upon any public
street, alley, or other public lands within | ||||
the corporate limits of a city,
village or incorporated | ||||
town, except when an invitee thereon or therein, for
the | ||||
purpose of the display of such weapon or the lawful | ||||
commerce in weapons, or
except when on his or her own land | ||||
or in his or her own abode, legal dwelling, or fixed place | ||||
of
business, or on the land or in the legal dwelling of | ||
another person as an invitee with that person's permission, | ||
any pistol, revolver, stun gun or taser or other firearm; | ||
and
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(3) One of the following factors is present:
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(A) the firearm possessed was uncased, loaded and | ||
immediately accessible
at the time of the offense; or
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(B) the firearm possessed was uncased, unloaded | ||
and the ammunition for
the weapon was immediately | ||
accessible at the time of the offense; or
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(C) the person possessing the firearm has not been | ||
issued a currently
valid Firearm Owner's | ||
Identification Card; or
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(D) the person possessing the weapon was | ||
previously adjudicated
a delinquent minor under the | ||
Juvenile Court Act of 1987 for an act that if
committed | ||
by an adult would be a felony; or
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(E) the person possessing the weapon was engaged in | ||
a misdemeanor
violation of the Cannabis
Control Act, in | ||
a misdemeanor violation of the Illinois Controlled | ||
Substances
Act, or in a misdemeanor violation of the | ||
Methamphetamine Control and Community Protection Act; | ||
or
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(F) (blank) the person possessing the weapon is a | ||
member of a
street gang or is engaged in street gang | ||
related activity, as defined in
Section 10 of the | ||
Illinois Streetgang Terrorism Omnibus Prevention Act; | ||
or
| ||
(G) the person possessing the weapon had a order of | ||
protection issued
against him or her within the | ||
previous 2 years; or
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(H) the person possessing the weapon was engaged in | ||
the commission or
attempted commission of
a | ||
misdemeanor involving the use or threat of violence | ||
against
the person or property of another; or
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(I) the person possessing the weapon was under 21 | ||
years of age and in
possession of a handgun as defined | ||
in Section 24-3, unless the person under 21
is engaged | ||
in lawful activities under the Wildlife Code or | ||
described in
subsection 24-2(b)(1), (b)(3), or | ||
24-2(f).
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(b) "Stun gun or taser" as used in this Section has the | ||
same definition
given to it in Section 24-1 of this Code.
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(c) This Section does not apply to or affect the | ||
transportation or
possession
of weapons that:
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(i) are broken down in a non-functioning state; or
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(ii) are not immediately accessible; or
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(iii) are unloaded and enclosed in a case, firearm | ||
carrying box,
shipping box, or other container by a | ||
person who has been issued a currently
valid Firearm | ||
Owner's
Identification Card.
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(d) Sentence. Aggravated unlawful use of a weapon is a | ||
Class 4 felony;
a second or subsequent offense is a Class 2 | ||
felony for which the person shall be sentenced to a term of | ||
imprisonment of not less than 3 years and not more than 7 | ||
years. Aggravated unlawful use of
a weapon by a person who has | ||
been previously
convicted of a felony in this State or another | ||
jurisdiction is a Class 2
felony for which the person shall be | ||
sentenced to a term of imprisonment of not less than 3 years | ||
and not more than 7 years. Aggravated unlawful use of a weapon | ||
while wearing or in possession of body armor as defined in | ||
Section 33F-1 by a person who has not been issued a valid | ||
Firearms Owner's Identification Card in accordance with | ||
Section 5 of the Firearm Owners Identification Card Act is a | ||
Class X felony.
The possession of each firearm in violation of | ||
this Section constitutes a single and separate violation.
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(Source: P.A. 95-331, eff. 8-21-07; 96-742, eff. 8-25-09.)
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(720 ILCS 5/24-1.8 new) | ||
Sec. 24-1.8. Unlawful possession of a firearm by a street | ||
gang member. | ||
(a) A person
commits unlawful possession of a firearm by a | ||
street gang member when he or she knowingly: | ||
(1) possesses, carries, or conceals on or about his or | ||
her person a firearm and firearm ammunition while on any | ||
street, road, alley, gangway, sidewalk, or any other lands, | ||
except when inside his or her own abode or inside his or | ||
her fixed place of business, and has not been issued a | ||
currently valid Firearm Owner's Identification Card and is | ||
a member of a street gang; or | ||
(2) possesses or carries in any vehicle a firearm and | ||
firearm ammunition which are both immediately accessible | ||
at the time of the offense while on any street, road, | ||
alley, or any other lands, except when inside his or her | ||
own abode or garage, and has not been issued a currently | ||
valid Firearm Owner's Identification Card and is a member | ||
of a street gang. | ||
(b) Unlawful possession of a firearm by a street gang | ||
member is a Class 2 felony for which the person, if sentenced | ||
to a term of imprisonment, shall be sentenced to no less than 3 | ||
years and no more than 10 years. A period of probation, a term | ||
of periodic imprisonment or conditional discharge shall not be | ||
imposed for the offense of unlawful possession of a firearm by | ||
a street gang member when the firearm was loaded or contained | ||
firearm ammunition and the court shall sentence the offender to | ||
not less than the minimum term of imprisonment authorized for | ||
the Class 2 felony. | ||
(c) For purposes of this Section: | ||
"Street gang" or "gang" has the meaning ascribed to it | ||
in Section 10 of the Illinois Streetgang Terrorism Omnibus | ||
Prevention Act. | ||
"Street gang member" or "gang member" has the meaning | ||
ascribed to it in Section 10 of the Illinois Streetgang | ||
Terrorism Omnibus Prevention Act. | ||
Section 10. The Unified Code of Corrections is amended by | ||
changing Section 5-5-3 as follows:
| ||
(730 ILCS 5/5-5-3) (from Ch. 38, par. 1005-5-3)
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Sec. 5-5-3. Disposition.
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(a) (Blank.).
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(b) (Blank.).
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(10) If the defendant is convicted of arson, | ||
aggravated arson, residential arson, or place of worship | ||
arson, an order directing the offender to reimburse the | ||
local emergency response department for the costs of | ||
responding to the fire that the offender was convicted of | ||
setting in accordance with the Emergency Services Response | ||
Reimbursement for Criminal Convictions Act.
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(c) (1) (Blank.).
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(2) A period of probation, a term of periodic | ||
imprisonment or
conditional discharge shall not be imposed | ||
for the following offenses.
The court shall sentence the | ||
offender to not less than the minimum term
of imprisonment | ||
set forth in this Code for the following offenses, and
may | ||
order a fine or restitution or both in conjunction with | ||
such term of
imprisonment:
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(A) First degree murder where the death penalty is | ||
not imposed.
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(B) Attempted first degree murder.
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(C) A Class X felony.
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(D) A violation of Section 401.1 or 407 of the
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Illinois Controlled Substances Act, or a violation of | ||
subdivision (c)(1), (c)(1.5), or
(c)(2) of
Section 401 | ||
of that Act which relates to more than 5 grams of a | ||
substance
containing heroin, cocaine, fentanyl, or an | ||
analog thereof.
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(E) A violation of Section 5.1 or 9 of the Cannabis | ||
Control
Act.
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(F) A Class 2 or greater felony if the offender had | ||
been convicted
of a Class 2 or greater felony, | ||
including any state or federal conviction for an | ||
offense that contained, at the time it was committed, | ||
the same elements as an offense now (the date of the | ||
offense committed after the prior Class 2 or greater | ||
felony) classified as a Class 2 or greater felony, | ||
within 10 years of the date on which the
offender
| ||
committed the offense for which he or she is being | ||
sentenced, except as
otherwise provided in Section | ||
40-10 of the Alcoholism and Other Drug Abuse and
| ||
Dependency Act.
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(F-5) A violation of Section 24-1, 24-1.1, or | ||
24-1.6 of the Criminal Code of 1961 for which | ||
imprisonment is prescribed in those Sections.
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(G) Residential burglary, except as otherwise | ||
provided in Section 40-10
of the Alcoholism and Other | ||
Drug Abuse and Dependency Act.
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(H) Criminal sexual assault.
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(I) Aggravated battery of a senior citizen.
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(J) A forcible felony if the offense was related to | ||
the activities of an
organized gang.
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Before July 1, 1994, for the purposes of this | ||
paragraph, "organized
gang" means an association of 5 | ||
or more persons, with an established hierarchy,
that | ||
encourages members of the association to perpetrate | ||
crimes or provides
support to the members of the | ||
association who do commit crimes.
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Beginning July 1, 1994, for the purposes of this | ||
paragraph,
"organized gang" has the meaning ascribed | ||
to it in Section 10 of the Illinois
Streetgang | ||
Terrorism Omnibus Prevention Act.
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(K) Vehicular hijacking.
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(L) A second or subsequent conviction for the | ||
offense of hate crime
when the underlying offense upon | ||
which the hate crime is based is felony
aggravated
| ||
assault or felony mob action.
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(M) A second or subsequent conviction for the | ||
offense of institutional
vandalism if the damage to the | ||
property exceeds $300.
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(N) A Class 3 felony violation of paragraph (1) of | ||
subsection (a) of
Section 2 of the Firearm Owners | ||
Identification Card Act.
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(O) A violation of Section 12-6.1 of the Criminal | ||
Code of 1961.
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(P) A violation of paragraph (1), (2), (3), (4), | ||
(5), or (7) of
subsection (a)
of Section 11-20.1 of the | ||
Criminal Code of 1961.
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(Q) A violation of Section 20-1.2 or 20-1.3 of the | ||
Criminal Code of
1961.
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(R) A violation of Section 24-3A of the Criminal | ||
Code of
1961.
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(S) (Blank).
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(T) A second or subsequent violation of the | ||
Methamphetamine Control and Community Protection Act.
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(U) A second or subsequent violation of Section | ||
6-303 of the Illinois Vehicle Code committed while his | ||
or her driver's license, permit, or privilege was | ||
revoked because of a violation of Section 9-3 of the | ||
Criminal Code of 1961, relating to the offense of | ||
reckless homicide, or a similar provision of a law of | ||
another state.
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(V)
A violation of paragraph (4) of subsection (c) | ||
of Section 11-20.3 of the Criminal Code of 1961. | ||
(W) A violation of Section 24-3.5 of the Criminal | ||
Code of 1961.
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(X) A violation of subsection (a) of Section 31-1a | ||
of the Criminal Code of 1961. | ||
(Y) A conviction for unlawful possession of a | ||
firearm by a street gang member when the firearm was | ||
loaded or contained firearm ammunition.
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(3) (Blank).
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(4) A minimum term of imprisonment of not less than 10
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consecutive days or 30 days of community service shall be | ||
imposed for a
violation of paragraph (c) of Section 6-303 | ||
of the Illinois Vehicle Code.
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(4.1) (Blank).
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(4.2) Except as provided in paragraphs (4.3) and (4.8) | ||
of this subsection (c), a
minimum of
100 hours of community | ||
service shall be imposed for a second violation of
Section | ||
6-303
of the Illinois Vehicle Code.
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(4.3) A minimum term of imprisonment of 30 days or 300 | ||
hours of community
service, as determined by the court, | ||
shall
be imposed for a second violation of subsection (c) | ||
of Section 6-303 of the
Illinois Vehicle Code.
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(4.4) Except as provided in paragraphs
(4.5), (4.6), | ||
and (4.9) of this
subsection (c), a
minimum term of | ||
imprisonment of 30 days or 300 hours of community service, | ||
as
determined by the court, shall
be imposed
for a third or | ||
subsequent violation of Section 6-303 of the Illinois | ||
Vehicle
Code.
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(4.5) A minimum term of imprisonment of 30 days
shall | ||
be imposed for a third violation of subsection (c) of
| ||
Section 6-303 of the Illinois Vehicle Code.
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(4.6) Except as provided in paragraph (4.10) of this | ||
subsection (c), a minimum term of imprisonment of 180 days | ||
shall be imposed for a
fourth or subsequent violation of | ||
subsection (c) of Section 6-303 of the
Illinois Vehicle | ||
Code.
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(4.7) A minimum term of imprisonment of not less than | ||
30 consecutive days, or 300 hours of community service, | ||
shall be imposed for a violation of subsection (a-5) of | ||
Section 6-303 of the Illinois Vehicle Code, as provided in | ||
subsection (b-5) of that Section.
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(4.8) A mandatory prison sentence shall be imposed for | ||
a second violation of subsection (a-5) of Section 6-303 of | ||
the Illinois Vehicle Code, as provided in subsection (c-5) | ||
of that Section. The person's driving privileges shall be | ||
revoked for a period of not less than 5 years from the date | ||
of his or her release from prison.
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(4.9) A mandatory prison sentence of not less than 4 | ||
and not more than 15 years shall be imposed for a third | ||
violation of subsection (a-5) of Section 6-303 of the | ||
Illinois Vehicle Code, as provided in subsection (d-2.5) of | ||
that Section. The person's driving privileges shall be | ||
revoked for the remainder of his or her life.
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(4.10) A mandatory prison sentence for a Class 1 felony | ||
shall be imposed, and the person shall be eligible for an | ||
extended term sentence, for a fourth or subsequent | ||
violation of subsection (a-5) of Section 6-303 of the | ||
Illinois Vehicle Code, as provided in subsection (d-3.5) of | ||
that Section. The person's driving privileges shall be | ||
revoked for the remainder of his or her life.
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(5) The court may sentence a corporation or | ||
unincorporated
association convicted of any offense to:
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(A) a period of conditional discharge;
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(B) a fine;
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(C) make restitution to the victim under Section | ||
5-5-6 of this Code.
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(5.1) In addition to any other penalties imposed, and | ||
except as provided in paragraph (5.2) or (5.3), a person
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convicted of violating subsection (c) of Section 11-907 of | ||
the Illinois
Vehicle Code shall have his or her driver's | ||
license, permit, or privileges
suspended for at least 90 | ||
days but not more than one year, if the violation
resulted | ||
in damage to the property of another person.
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(5.2) In addition to any other penalties imposed, and | ||
except as provided in paragraph (5.3), a person convicted
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of violating subsection (c) of Section 11-907 of the | ||
Illinois Vehicle Code
shall have his or her driver's | ||
license, permit, or privileges suspended for at
least 180 | ||
days but not more than 2 years, if the violation resulted | ||
in injury
to
another person.
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(5.3) In addition to any other penalties imposed, a | ||
person convicted of violating subsection (c) of Section
| ||
11-907 of the Illinois Vehicle Code shall have his or her | ||
driver's license,
permit, or privileges suspended for 2 | ||
years, if the violation resulted in the
death of another | ||
person.
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(5.4) In addition to any other penalties imposed, a | ||
person convicted of violating Section 3-707 of the Illinois | ||
Vehicle Code shall have his or her driver's license, | ||
permit, or privileges suspended for 3 months and until he | ||
or she has paid a reinstatement fee of $100. | ||
(5.5) In addition to any other penalties imposed, a | ||
person convicted of violating Section 3-707 of the Illinois | ||
Vehicle Code during a period in which his or her driver's | ||
license, permit, or privileges were suspended for a | ||
previous violation of that Section shall have his or her | ||
driver's license, permit, or privileges suspended for an | ||
additional 6 months after the expiration of the original | ||
3-month suspension and until he or she has paid a | ||
reinstatement fee of $100.
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(6) (Blank.).
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(7) (Blank.).
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(8) (Blank.).
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(9) A defendant convicted of a second or subsequent | ||
offense of ritualized
abuse of a child may be sentenced to | ||
a term of natural life imprisonment.
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(10) (Blank).
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(11) The court shall impose a minimum fine of $1,000 | ||
for a first offense
and $2,000 for a second or subsequent | ||
offense upon a person convicted of or
placed on supervision | ||
for battery when the individual harmed was a sports
| ||
official or coach at any level of competition and the act | ||
causing harm to the
sports
official or coach occurred | ||
within an athletic facility or within the immediate | ||
vicinity
of the athletic facility at which the sports | ||
official or coach was an active
participant
of the athletic | ||
contest held at the athletic facility. For the purposes of
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this paragraph (11), "sports official" means a person at an | ||
athletic contest
who enforces the rules of the contest, | ||
such as an umpire or referee; "athletic facility" means an | ||
indoor or outdoor playing field or recreational area where | ||
sports activities are conducted;
and "coach" means a person | ||
recognized as a coach by the sanctioning
authority that | ||
conducted the sporting event. | ||
(12) A person may not receive a disposition of court | ||
supervision for a
violation of Section 5-16 of the Boat | ||
Registration and Safety Act if that
person has previously | ||
received a disposition of court supervision for a
violation | ||
of that Section.
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(13) A person convicted of or placed on court | ||
supervision for an assault or aggravated assault when the | ||
victim and the offender are family or household members as | ||
defined in Section 103 of the Illinois Domestic Violence | ||
Act of 1986 or convicted of domestic battery or aggravated | ||
domestic battery may be required to attend a Partner Abuse | ||
Intervention Program under protocols set forth by the | ||
Illinois Department of Human Services under such terms and | ||
conditions imposed by the court. The costs of such classes | ||
shall be paid by the offender.
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(d) In any case in which a sentence originally imposed is | ||
vacated,
the case shall be remanded to the trial court. The | ||
trial court shall
hold a hearing under Section 5-4-1 of the | ||
Unified Code of Corrections
which may include evidence of the | ||
defendant's life, moral character and
occupation during the | ||
time since the original sentence was passed. The
trial court | ||
shall then impose sentence upon the defendant. The trial
court | ||
may impose any sentence which could have been imposed at the
| ||
original trial subject to Section 5-5-4 of the Unified Code of | ||
Corrections.
If a sentence is vacated on appeal or on | ||
collateral attack due to the
failure of the trier of fact at | ||
trial to determine beyond a reasonable doubt
the
existence of a | ||
fact (other than a prior conviction) necessary to increase the
| ||
punishment for the offense beyond the statutory maximum | ||
otherwise applicable,
either the defendant may be re-sentenced | ||
to a term within the range otherwise
provided or, if the State | ||
files notice of its intention to again seek the
extended | ||
sentence, the defendant shall be afforded a new trial.
| ||
(e) In cases where prosecution for
aggravated criminal | ||
sexual abuse under Section 12-16 of the
Criminal Code of 1961 | ||
results in conviction of a defendant
who was a family member of | ||
the victim at the time of the commission of the
offense, the | ||
court shall consider the safety and welfare of the victim and
| ||
may impose a sentence of probation only where:
| ||
(1) the court finds (A) or (B) or both are appropriate:
| ||
(A) the defendant is willing to undergo a court | ||
approved counseling
program for a minimum duration of 2 | ||
years; or
| ||
(B) the defendant is willing to participate in a | ||
court approved plan
including but not limited to the | ||
defendant's:
| ||
(i) removal from the household;
| ||
(ii) restricted contact with the victim;
| ||
(iii) continued financial support of the | ||
family;
| ||
(iv) restitution for harm done to the victim; | ||
and
| ||
(v) compliance with any other measures that | ||
the court may
deem appropriate; and
| ||
(2) the court orders the defendant to pay for the | ||
victim's counseling
services, to the extent that the court | ||
finds, after considering the
defendant's income and | ||
assets, that the defendant is financially capable of
paying | ||
for such services, if the victim was under 18 years of age | ||
at the
time the offense was committed and requires | ||
counseling as a result of the
offense.
| ||
Probation may be revoked or modified pursuant to Section | ||
5-6-4; except
where the court determines at the hearing that | ||
the defendant violated a
condition of his or her probation | ||
restricting contact with the victim or
other family members or | ||
commits another offense with the victim or other
family | ||
members, the court shall revoke the defendant's probation and
| ||
impose a term of imprisonment.
| ||
For the purposes of this Section, "family member" and | ||
"victim" shall have
the meanings ascribed to them in Section | ||
12-12 of the Criminal Code of
1961.
| ||
(f) (Blank.).
| ||
(g) Whenever a defendant is convicted of an offense under | ||
Sections
11-14, 11-15, 11-15.1, 11-16, 11-17, 11-18, 11-18.1, | ||
11-19, 11-19.1, 11-19.2,
12-13, 12-14, 12-14.1, 12-15 or 12-16 | ||
of the Criminal Code of 1961,
the defendant shall undergo | ||
medical testing to
determine whether the defendant has any | ||
sexually transmissible disease,
including a test for infection | ||
with human immunodeficiency virus (HIV) or
any other identified | ||
causative agent of acquired immunodeficiency syndrome
(AIDS). | ||
Any such medical test shall be performed only by appropriately
| ||
licensed medical practitioners and may include an analysis of | ||
any bodily
fluids as well as an examination of the defendant's | ||
person.
Except as otherwise provided by law, the results of | ||
such test shall be kept
strictly confidential by all medical | ||
personnel involved in the testing and must
be personally | ||
delivered in a sealed envelope to the judge of the court in | ||
which
the conviction was entered for the judge's inspection in | ||
camera. Acting in
accordance with the best interests of the | ||
victim and the public, the judge
shall have the discretion to | ||
determine to whom, if anyone, the results of the
testing may be | ||
revealed. The court shall notify the defendant
of the test | ||
results. The court shall
also notify the victim if requested by | ||
the victim, and if the victim is under
the age of 15 and if | ||
requested by the victim's parents or legal guardian, the
court | ||
shall notify the victim's parents or legal guardian of the test
| ||
results.
The court shall provide information on the | ||
availability of HIV testing
and counseling at Department of | ||
Public Health facilities to all parties to
whom the results of | ||
the testing are revealed and shall direct the State's
Attorney | ||
to provide the information to the victim when possible.
A | ||
State's Attorney may petition the court to obtain the results | ||
of any HIV test
administered under this Section, and the court | ||
shall grant the disclosure if
the State's Attorney shows it is | ||
relevant in order to prosecute a charge of
criminal | ||
transmission of HIV under Section 12-16.2 of the Criminal Code | ||
of 1961
against the defendant. The court shall order that the | ||
cost of any such test
shall be paid by the county and may be | ||
taxed as costs against the convicted
defendant.
| ||
(g-5) When an inmate is tested for an airborne communicable | ||
disease, as
determined by the Illinois Department of Public | ||
Health including but not
limited to tuberculosis, the results | ||
of the test shall be
personally delivered by the warden or his | ||
or her designee in a sealed envelope
to the judge of the court | ||
in which the inmate must appear for the judge's
inspection in | ||
camera if requested by the judge. Acting in accordance with the
| ||
best interests of those in the courtroom, the judge shall have | ||
the discretion
to determine what if any precautions need to be | ||
taken to prevent transmission
of the disease in the courtroom.
| ||
(h) Whenever a defendant is convicted of an offense under | ||
Section 1 or 2
of the Hypodermic Syringes and Needles Act, the | ||
defendant shall undergo
medical testing to determine whether | ||
the defendant has been exposed to human
immunodeficiency virus | ||
(HIV) or any other identified causative agent of
acquired | ||
immunodeficiency syndrome (AIDS). Except as otherwise provided | ||
by
law, the results of such test shall be kept strictly | ||
confidential by all
medical personnel involved in the testing | ||
and must be personally delivered in a
sealed envelope to the | ||
judge of the court in which the conviction was entered
for the | ||
judge's inspection in camera. Acting in accordance with the | ||
best
interests of the public, the judge shall have the | ||
discretion to determine to
whom, if anyone, the results of the | ||
testing may be revealed. The court shall
notify the defendant | ||
of a positive test showing an infection with the human
| ||
immunodeficiency virus (HIV). The court shall provide | ||
information on the
availability of HIV testing and counseling | ||
at Department of Public Health
facilities to all parties to | ||
whom the results of the testing are revealed and
shall direct | ||
the State's Attorney to provide the information to the victim | ||
when
possible. A State's Attorney may petition the court to | ||
obtain the results of
any HIV test administered under this | ||
Section, and the court shall grant the
disclosure if the | ||
State's Attorney shows it is relevant in order to prosecute a
| ||
charge of criminal transmission of HIV under Section 12-16.2 of | ||
the Criminal
Code of 1961 against the defendant. The court | ||
shall order that the cost of any
such test shall be paid by the | ||
county and may be taxed as costs against the
convicted | ||
defendant.
| ||
(i) All fines and penalties imposed under this Section for | ||
any violation
of Chapters 3, 4, 6, and 11 of the Illinois | ||
Vehicle Code, or a similar
provision of a local ordinance, and | ||
any violation
of the Child Passenger Protection Act, or a | ||
similar provision of a local
ordinance, shall be collected and | ||
disbursed by the circuit
clerk as provided under Section 27.5 | ||
of the Clerks of Courts Act.
| ||
(j) In cases when prosecution for any violation of Section | ||
11-6, 11-8,
11-9, 11-11, 11-14, 11-15, 11-15.1, 11-16, 11-17, | ||
11-17.1, 11-18, 11-18.1,
11-19, 11-19.1, 11-19.2, 11-20.1, | ||
11-21, 12-13, 12-14, 12-14.1, 12-15, or
12-16 of the
Criminal | ||
Code of 1961, any violation of the Illinois Controlled | ||
Substances Act,
any violation of the Cannabis Control Act, or | ||
any violation of the Methamphetamine Control and Community | ||
Protection Act results in conviction, a
disposition of court | ||
supervision, or an order of probation granted under
Section 10 | ||
of the Cannabis Control Act, Section 410 of the Illinois
| ||
Controlled Substance Act, or Section 70 of the Methamphetamine | ||
Control and Community Protection Act of a defendant, the court | ||
shall determine whether the
defendant is employed by a facility | ||
or center as defined under the Child Care
Act of 1969, a public | ||
or private elementary or secondary school, or otherwise
works | ||
with children under 18 years of age on a daily basis. When a | ||
defendant
is so employed, the court shall order the Clerk of | ||
the Court to send a copy of
the judgment of conviction or order | ||
of supervision or probation to the
defendant's employer by | ||
certified mail.
If the employer of the defendant is a school, | ||
the Clerk of the Court shall
direct the mailing of a copy of | ||
the judgment of conviction or order of
supervision or probation | ||
to the appropriate regional superintendent of schools.
The | ||
regional superintendent of schools shall notify the State Board | ||
of
Education of any notification under this subsection.
| ||
(j-5) A defendant at least 17 years of age who is convicted | ||
of a felony and
who has not been previously convicted of a | ||
misdemeanor or felony and who is
sentenced to a term of | ||
imprisonment in the Illinois Department of Corrections
shall as | ||
a condition of his or her sentence be required by the court to | ||
attend
educational courses designed to prepare the defendant | ||
for a high school diploma
and to work toward a high school | ||
diploma or to work toward passing the high
school level Test of | ||
General Educational Development (GED) or to work toward
| ||
completing a vocational training program offered by the | ||
Department of
Corrections. If a defendant fails to complete the | ||
educational training
required by his or her sentence during the | ||
term of incarceration, the Prisoner
Review Board shall, as a | ||
condition of mandatory supervised release, require the
| ||
defendant, at his or her own expense, to pursue a course of | ||
study toward a high
school diploma or passage of the GED test. | ||
The Prisoner Review Board shall
revoke the mandatory supervised | ||
release of a defendant who wilfully fails to
comply with this | ||
subsection (j-5) upon his or her release from confinement in a
| ||
penal institution while serving a mandatory supervised release | ||
term; however,
the inability of the defendant after making a | ||
good faith effort to obtain
financial aid or pay for the | ||
educational training shall not be deemed a wilful
failure to | ||
comply. The Prisoner Review Board shall recommit the defendant
| ||
whose mandatory supervised release term has been revoked under | ||
this subsection
(j-5) as provided in Section 3-3-9. This | ||
subsection (j-5) does not apply to a
defendant who has a high | ||
school diploma or has successfully passed the GED
test. This | ||
subsection (j-5) does not apply to a defendant who is | ||
determined by
the court to be developmentally disabled or | ||
otherwise mentally incapable of
completing the educational or | ||
vocational program.
| ||
(k) (Blank.).
| ||
(l) (A) Except as provided
in paragraph (C) of subsection | ||
(l), whenever a defendant,
who is an alien as defined by | ||
the Immigration and Nationality Act, is convicted
of any | ||
felony or misdemeanor offense, the court after sentencing | ||
the defendant
may, upon motion of the State's Attorney, | ||
hold sentence in abeyance and remand
the defendant to the | ||
custody of the Attorney General of
the United States or his | ||
or her designated agent to be deported when:
| ||
(1) a final order of deportation has been issued | ||
against the defendant
pursuant to proceedings under | ||
the Immigration and Nationality Act, and
| ||
(2) the deportation of the defendant would not | ||
deprecate the seriousness
of the defendant's conduct | ||
and would not be inconsistent with the ends of
justice.
| ||
Otherwise, the defendant shall be sentenced as | ||
provided in this Chapter V.
| ||
(B) If the defendant has already been sentenced for a | ||
felony or
misdemeanor
offense, or has been placed on | ||
probation under Section 10 of the Cannabis
Control Act,
| ||
Section 410 of the Illinois Controlled Substances Act, or | ||
Section 70 of the Methamphetamine Control and Community | ||
Protection Act, the court
may, upon motion of the State's | ||
Attorney to suspend the
sentence imposed, commit the | ||
defendant to the custody of the Attorney General
of the | ||
United States or his or her designated agent when:
| ||
(1) a final order of deportation has been issued | ||
against the defendant
pursuant to proceedings under | ||
the Immigration and Nationality Act, and
| ||
(2) the deportation of the defendant would not | ||
deprecate the seriousness
of the defendant's conduct | ||
and would not be inconsistent with the ends of
justice.
| ||
(C) This subsection (l) does not apply to offenders who | ||
are subject to the
provisions of paragraph (2) of | ||
subsection (a) of Section 3-6-3.
| ||
(D) Upon motion of the State's Attorney, if a defendant | ||
sentenced under
this Section returns to the jurisdiction of | ||
the United States, the defendant
shall be recommitted to | ||
the custody of the county from which he or she was
| ||
sentenced.
Thereafter, the defendant shall be brought | ||
before the sentencing court, which
may impose any sentence | ||
that was available under Section 5-5-3 at the time of
| ||
initial sentencing. In addition, the defendant shall not be | ||
eligible for
additional good conduct credit for | ||
meritorious service as provided under
Section 3-6-6.
| ||
(m) A person convicted of criminal defacement of property | ||
under Section
21-1.3 of the Criminal Code of 1961, in which the | ||
property damage exceeds $300
and the property damaged is a | ||
school building, shall be ordered to perform
community service | ||
that may include cleanup, removal, or painting over the
| ||
defacement.
| ||
(n) The court may sentence a person convicted of a | ||
violation of Section
12-19, 12-21, or 16-1.3 of the Criminal | ||
Code of 1961 (i) to an impact
incarceration program if the | ||
person is otherwise eligible for that program
under Section | ||
5-8-1.1, (ii) to community service, or (iii) if the person is | ||
an
addict or alcoholic, as defined in the Alcoholism and Other | ||
Drug Abuse and
Dependency Act, to a substance or alcohol abuse | ||
program licensed under that
Act. | ||
(o) Whenever a person is convicted of a sex offense as | ||
defined in Section 2 of the Sex Offender Registration Act, the | ||
defendant's driver's license or permit shall be subject to | ||
renewal on an annual basis in accordance with the provisions of | ||
license renewal established by the Secretary of State.
| ||
(Source: P.A. 95-188, eff. 8-16-07; 95-259, eff. 8-17-07; | ||
95-331, eff. 8-21-07; 95-377, eff. 1-1-08; 95-579, eff. 6-1-08; | ||
95-876, eff. 8-21-08; 95-882, eff. 1-1-09; 95-1052, eff. | ||
7-1-09; 96-348, eff. 8-12-09; 96-400, eff. 8-13-09; revised | ||
9-4-09.)
| ||
Section 99. Effective date. This Act takes effect upon | ||
becoming law.
| ||