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Public Act 099-0885
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| HB6303 Enrolled | LRB099 19696 RLC 44093 b |
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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 2012 is amended by adding |
Section 24-3B as follows:
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(720 ILCS 5/24-3B new) |
Sec. 24-3B. Firearms trafficking. |
(a) A person commits firearms trafficking when he or she |
has not been issued a currently valid Firearm Owner's |
Identification Card and knowingly: |
(1) brings, or causes to be brought, into this State, a |
firearm or firearm ammunition for the purpose of sale, |
delivery, or transfer to any other person or with the |
intent to sell, deliver, or transfer the firearm or firearm |
ammunition to any other person; or |
(2) brings, or causes to be brought, into this State, a |
firearm and firearm ammunition for the purpose of sale, |
delivery, or transfer to any other person or with the |
intent to sell, deliver, or transfer the firearm and |
firearm ammunition to any other person. |
(a-5) This Section does not apply to: |
(1) a person exempt under Section 2 of the Firearm |
Owners Identification Card Act from the requirement of |
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having possession of a Firearm Owner's Identification Card |
previously issued in his or her name by the Department of |
State Police in order to acquire or possess a firearm or |
firearm ammunition; |
(2) a common carrier under subsection (i) of Section |
24-2 of this Code; or |
(3) a non-resident who may lawfully possess a firearm |
in his or her resident state. |
(b) Sentence. |
(1) Firearms trafficking is a Class 1 felony for which |
the person, if sentenced to a term of imprisonment, shall |
be sentenced to not less than 4 years and not more than 20 |
years. |
(2) Firearms trafficking by a person who has been |
previously convicted of firearms trafficking, gunrunning, |
or a felony offense for the unlawful sale, delivery, or |
transfer of a firearm or firearm ammunition in this State |
or another jurisdiction is a Class X felony.
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Section 10. The Unified Code of Corrections is amended by |
changing Section 5-5-3 as follows:
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(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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(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
Illinois |
Controlled Substances Act, or a violation of subdivision |
(c)(1.5) or
(c)(2) of
Section 401 of that Act which relates |
to more than 5 grams of a substance
containing cocaine, |
fentanyl, or an analog thereof.
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(D-5) A violation of subdivision (c)(1) of
Section 401 |
of the Illinois Controlled Substances Act which relates to |
3 or more grams of a substance
containing heroin or an |
analog thereof. |
(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 |
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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 or the Criminal Code of 2012 for |
which imprisonment is prescribed in those Sections. |
(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 as described |
in Section 12-4.6 or subdivision (a)(4) of Section 12-3.05 |
of the Criminal Code of 1961 or the Criminal Code of 2012.
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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 |
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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 or 12-6.5 of the |
Criminal Code of 1961 or the Criminal Code of 2012.
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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 or the Criminal Code of 2012.
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(Q) A violation of subsection (b) or (b-5) of Section |
20-1, Section 20-1.2, or Section 20-1.3 of the Criminal |
Code of
1961 or the Criminal Code of 2012.
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(R) A violation of Section 24-3A of the Criminal Code |
of
1961 or the Criminal Code of 2012.
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(S) (Blank).
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(T) A second or subsequent violation of the |
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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 |
or the Criminal Code of 2012, 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 11-20.1B or paragraph (4) of subsection (c) of |
Section 11-20.3 of the Criminal Code of 1961, or paragraph |
(6) of subsection (a) of Section 11-20.1 of the Criminal |
Code of 2012 when the victim is under 13 years of age and |
the defendant has previously been convicted under the laws |
of this State or any other state of the offense of child |
pornography, aggravated child pornography, aggravated |
criminal sexual abuse, aggravated criminal sexual assault, |
predatory criminal sexual assault of a child, or any of the |
offenses formerly known as rape, deviate sexual assault, |
indecent liberties with a child, or aggravated indecent |
liberties with a child where the victim was under the age |
of 18 years or an offense that is substantially equivalent |
to those offenses. |
(W) A violation of Section 24-3.5 of the Criminal Code |
of 1961 or the Criminal Code of 2012.
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(X) A violation of subsection (a) of Section 31-1a of |
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the Criminal Code of 1961 or the Criminal Code of 2012. |
(Y) A conviction for unlawful possession of a firearm |
by a street gang member when the firearm was loaded or |
contained firearm ammunition. |
(Z) A Class 1 felony committed while he or she was |
serving a term of probation or conditional discharge for a |
felony. |
(AA) Theft of property exceeding $500,000 and not |
exceeding $1,000,000 in value. |
(BB) Laundering of criminally derived property of a |
value exceeding
$500,000. |
(CC) Knowingly selling, offering for sale, holding for |
sale, or using 2,000 or more counterfeit items or |
counterfeit items having a retail value in the aggregate of |
$500,000 or more. |
(DD) A conviction for aggravated assault under |
paragraph (6) of subsection (c) of Section 12-2 of the |
Criminal Code of 1961 or the Criminal Code of 2012 if the |
firearm is aimed toward the person against whom the firearm |
is being used. |
(EE) A conviction for a violation of paragraph (2) of |
subsection (a) of Section 24-3B of the Criminal Code of |
2012. |
(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 |
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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
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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 |
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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
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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 |
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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
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,
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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 |
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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
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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
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 |
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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
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original trial subject to Section 5-5-4 of the Unified Code of |
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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
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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.
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(e) In cases where prosecution for
aggravated criminal |
sexual abuse under Section 11-1.60 or 12-16 of the
Criminal |
Code of 1961 or the Criminal Code of 2012 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:
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(1) the court finds (A) or (B) or both are appropriate:
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(A) the defendant is willing to undergo a court |
approved counseling
program for a minimum duration of 2 |
years; or
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(B) the defendant is willing to participate in a |
court approved plan
including but not limited to the |
defendant's:
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(i) removal from the household;
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(ii) restricted contact with the victim;
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(iii) continued financial support of the |
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family;
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(iv) restitution for harm done to the victim; |
and
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(v) compliance with any other measures that |
the court may
deem appropriate; and
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(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.
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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
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impose a term of imprisonment.
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For the purposes of this Section, "family member" and |
"victim" shall have
the meanings ascribed to them in Section |
11-0.1 of the Criminal Code of
2012.
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(f) (Blank).
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(g) Whenever a defendant is convicted of an offense under |
Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60,
11-14, |
11-14.3, 11-14.4 except for an offense that involves keeping a |
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place of juvenile prostitution, 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 or the |
Criminal Code of 2012,
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
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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
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results.
The court shall provide information on the |
availability of HIV testing
and counseling at Department of |
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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 12-5.01 or 12-16.2 of the |
Criminal Code of 1961 or the Criminal Code of 2012
against the |
defendant. The court shall order that the cost of any such test
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shall be paid by the county and may be taxed as costs against |
the convicted
defendant.
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(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
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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.
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(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 |
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(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
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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
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charge of criminal transmission of HIV under Section 12-5.01 or |
12-16.2 of the Criminal
Code of 1961 or the Criminal Code of |
2012 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.
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(i) All fines and penalties imposed under this Section for |
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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.
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(j) In cases when prosecution for any violation of Section |
11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-8,
11-9, |
11-11, 11-14, 11-14.3, 11-14.4, 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, |
11-20.1B, 11-20.3, 11-21, 11-30, 11-40, 12-13, 12-14, 12-14.1, |
12-15, or
12-16 of the
Criminal Code of 1961 or the Criminal |
Code of 2012, 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 Substances 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 |
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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.
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(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 high school equivalency |
testing 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 high school equivalency testing. 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
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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 high school |
equivalency testing. This subsection (j-5) does not apply to a |
defendant who is determined by
the court to be a person with a |
developmental disability or otherwise mentally incapable of
|
completing the educational or vocational program.
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(k) (Blank).
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(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.
|
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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 sentence credit for good conduct as provided |
under
Section 3-6-3.
|
(m) A person convicted of criminal defacement of property |
under Section
21-1.3 of the Criminal Code of 1961 or the |
Criminal Code of 2012, 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, 16-1.3, or 17-56, or |
subsection (a) or (b) of Section 12-4.4a, of the Criminal Code |
of 1961 or the Criminal Code of 2012 (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.
|