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90_SB1506eng
720 ILCS 5/20-1.2 new
730 ILCS 5/5-5-3
Amends the Criminal Code of 1961. Creates the offense of
residential arson. Defines the offense as knowingly
damaging, partially or totally, any building or structure
that is the dwelling place of another. Penalty is a Class 1
felony. Amends the Unified Code of Corrections. Provides
that a person convicted of residential arson is ineligible
for probation, periodic imprisonment, or conditional
discharge. Effective immediately.
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1 AN ACT relating to criminal law, amending named Acts.
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 1961 is amended by
5 changing Section 12-11 and adding Section 20-1.2 as follows:
6 (720 ILCS 5/12-11) (from Ch. 38, par. 12-11)
7 Sec. 12-11. Home Invasion.
8 (a) A person who is not a peace officer acting in the
9 line of duty commits home invasion when without authority he
10 or she knowingly enters the dwelling place of another when he
11 or she knows or has reason to know that one or more persons
12 is present or he or she knowingly enters the dwelling place
13 of another and remains in such dwelling place until he or she
14 knows or has reason to know that one or more persons is
15 present and
16 (1) While armed with a dangerous weapon uses force or
17 threatens the imminent use of force upon any person or
18 persons within such dwelling place whether or not injury
19 occurs, or
20 (2) Intentionally causes any injury to any person or
21 persons within such dwelling place.
22 (b) It is an affirmative defense to a charge of home
23 invasion that the accused who knowingly enters the dwelling
24 place of another and remains in such dwelling place until he
25 or she knows or has reason to know that one or more persons
26 is present either immediately leaves such premises or
27 surrenders to the person or persons lawfully present therein
28 without either attempting to cause or causing serious bodily
29 injury to any person present therein.
30 (c) Sentence. Home invasion is a Class X felony.
31 (d) For purposes of this Section, "dwelling place of
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1 another" includes a dwelling place where the defendant
2 maintains a tenancy interest but from which the defendant has
3 been barred by a divorce decree, judgment of dissolution of
4 marriage, order of protection, or other court order.
5 (Source: P.A. 85-1387; 85-1433; 86-820.)
6 (720 ILCS 5/20-1.2 new)
7 Sec. 20-1.2. Residential arson.
8 (a) A person commits the offense of residential arson
9 when, in the course of committing an arson, he or she
10 knowingly damages, partially or totally, any building or
11 structure that is the dwelling place of another.
12 (b) Sentence. Residential arson is a Class 1 felony.
13 Section 10. The Unified Code of Corrections is amended
14 by changing Section 5-5-3 as follows:
15 (730 ILCS 5/5-5-3) (from Ch. 38, par. 1005-5-3)
16 Sec. 5-5-3. Disposition.
17 (a) Every person convicted of an offense shall be
18 sentenced as provided in this Section.
19 (b) The following options shall be appropriate
20 dispositions, alone or in combination, for all felonies and
21 misdemeanors other than those identified in subsection (c) of
22 this Section:
23 (1) A period of probation.
24 (2) A term of periodic imprisonment.
25 (3) A term of conditional discharge.
26 (4) A term of imprisonment.
27 (5) An order directing the offender to clean up and
28 repair the damage, if the offender was convicted under
29 paragraph (h) of Section 21-1 of the Criminal Code of
30 1961.
31 (6) A fine.
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1 (7) An order directing the offender to make
2 restitution to the victim under Section 5-5-6 of this
3 Code.
4 (8) A sentence of participation in a county impact
5 incarceration program under Section 5-8-1.2 of this Code.
6 Whenever an individual is sentenced for an offense based
7 upon an arrest for a violation of Section 11-501 of the
8 Illinois Vehicle Code, or a similar provision of a local
9 ordinance, and the professional evaluation recommends
10 remedial or rehabilitative treatment or education, neither
11 the treatment nor the education shall be the sole disposition
12 and either or both may be imposed only in conjunction with
13 another disposition. The court shall monitor compliance with
14 any remedial education or treatment recommendations contained
15 in the professional evaluation. Programs conducting alcohol
16 or other drug evaluation or remedial education must be
17 licensed by the Department of Human Services. However, if
18 the individual is not a resident of Illinois, the court may
19 accept an alcohol or other drug evaluation or remedial
20 education program in the state of such individual's
21 residence. Programs providing treatment must be licensed
22 under existing applicable alcoholism and drug treatment
23 licensure standards.
24 In addition to any other fine or penalty required by law,
25 any individual convicted of a violation of Section 11-501 of
26 the Illinois Vehicle Code or a similar provision of local
27 ordinance, whose operation of a motor vehicle while in
28 violation of Section 11-501 or such ordinance proximately
29 caused an incident resulting in an appropriate emergency
30 response, shall be required to make restitution to a public
31 agency for the costs of that emergency response. Such
32 restitution shall not exceed $500 per public agency for each
33 such emergency response. For the purpose of this paragraph,
34 emergency response shall mean any incident requiring a
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1 response by: a police officer as defined under Section 1-162
2 of the Illinois Vehicle Code; a fireman carried on the rolls
3 of a regularly constituted fire department; and an ambulance
4 as defined under Section 4.05 of the Emergency Medical
5 Services (EMS) Systems Act.
6 Neither a fine nor restitution shall be the sole
7 disposition for a felony and either or both may be imposed
8 only in conjunction with another disposition.
9 (c) (1) When a defendant is found guilty of first degree
10 murder the State may either seek a sentence of
11 imprisonment under Section 5-8-1 of this Code, or where
12 appropriate seek a sentence of death under Section 9-1 of
13 the Criminal Code of 1961.
14 (2) A period of probation, a term of periodic
15 imprisonment or conditional discharge shall not be
16 imposed for the following offenses. The court shall
17 sentence the offender to not less than the minimum term
18 of imprisonment set forth in this Code for the following
19 offenses, and may order a fine or restitution or both in
20 conjunction with such term of imprisonment:
21 (A) First degree murder where the death
22 penalty is not imposed.
23 (B) Attempted first degree murder.
24 (C) A Class X felony.
25 (D) A violation of Section 401.1 or 407 of the
26 Illinois Controlled Substances Act, or a violation
27 of subdivision (c)(2) of Section 401 of that Act
28 which relates to more than 5 grams of a substance
29 containing cocaine or an analog thereof.
30 (E) A violation of Section 5.1 or 9 of the
31 Cannabis Control Act.
32 (F) A Class 2 or greater felony if the
33 offender had been convicted of a Class 2 or greater
34 felony within 10 years of the date on which he
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1 committed the offense for which he is being
2 sentenced.
3 (G) Residential burglary.
4 (H) Criminal sexual assault, except as
5 otherwise provided in subsection (e) of this
6 Section.
7 (I) Aggravated battery of a senior citizen.
8 (J) A forcible felony if the offense was
9 related to the activities of an organized gang.
10 Before July 1, 1994, for the purposes of this
11 paragraph, "organized gang" means an association of
12 5 or more persons, with an established hierarchy,
13 that encourages members of the association to
14 perpetrate crimes or provides support to the members
15 of the association who do commit crimes.
16 Beginning July 1, 1994, for the purposes of
17 this paragraph, "organized gang" has the meaning
18 ascribed to it in Section 10 of the Illinois
19 Streetgang Terrorism Omnibus Prevention Act.
20 (K) Vehicular hijacking.
21 (L) A second or subsequent conviction for the
22 offense of hate crime when the underlying offense
23 upon which the hate crime is based is felony
24 aggravated assault or felony mob action.
25 (M) A second or subsequent conviction for the
26 offense of institutional vandalism if the damage to
27 the property exceeds $300.
28 (N) A Class 3 felony violation of paragraph
29 (1) of subsection (a) of Section 2 of the Firearm
30 Owners Identification Card Act.
31 (O) A violation of Section 12-6.1 of the
32 Criminal Code of 1961.
33 (P) A violation of paragraph (1), (2), (3),
34 (4), (5), or (7) of subsection (a) of Section
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1 11-20.1 of the Criminal Code of 1961.
2 (Q) A violation of Section 20-1.2 of the
3 Criminal Code of 1961.
4 (3) A minimum term of imprisonment of not less than
5 48 consecutive hours or 100 hours of community service as
6 may be determined by the court shall be imposed for a
7 second or subsequent violation committed within 5 years
8 of a previous violation of Section 11-501 of the Illinois
9 Vehicle Code or a similar provision of a local ordinance.
10 (4) A minimum term of imprisonment of not less than
11 7 consecutive days or 30 days of community service shall
12 be imposed for a violation of paragraph (c) of Section
13 6-303 of the Illinois Vehicle Code.
14 (4.1) A minimum term of 30 consecutive days of
15 imprisonment, 40 days of 24 hour periodic imprisonment or
16 720 hours of community service, as may be determined by
17 the court, shall be imposed for a violation of Section
18 11-501 of the Illinois Vehicle Code during a period in
19 which the defendant's driving privileges are revoked or
20 suspended, where the revocation or suspension was for a
21 violation of Section 11-501 or Section 11-501.1 of that
22 Code.
23 (5) The court may sentence an offender convicted of
24 a business offense or a petty offense or a corporation or
25 unincorporated association convicted of any offense to:
26 (A) a period of conditional discharge;
27 (B) a fine;
28 (C) make restitution to the victim under
29 Section 5-5-6 of this Code.
30 (6) In no case shall an offender be eligible for a
31 disposition of probation or conditional discharge for a
32 Class 1 felony committed while he was serving a term of
33 probation or conditional discharge for a felony.
34 (7) When a defendant is adjudged a habitual
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1 criminal under Article 33B of the Criminal Code of 1961,
2 the court shall sentence the defendant to a term of
3 natural life imprisonment.
4 (8) When a defendant, over the age of 21 years, is
5 convicted of a Class 1 or Class 2 felony, after having
6 twice been convicted of any Class 2 or greater Class
7 felonies in Illinois, and such charges are separately
8 brought and tried and arise out of different series of
9 acts, such defendant shall be sentenced as a Class X
10 offender. This paragraph shall not apply unless (1) the
11 first felony was committed after the effective date of
12 this amendatory Act of 1977; and (2) the second felony
13 was committed after conviction on the first; and (3) the
14 third felony was committed after conviction on the
15 second.
16 (9) A defendant convicted of a second or subsequent
17 offense of ritualized abuse of a child may be sentenced
18 to a term of natural life imprisonment.
19 (10) Beginning July 1, 1994, unless sentencing
20 under Section 33B-1 is applicable, a term of imprisonment
21 of not less than 15 years nor more than 50 years shall be
22 imposed on a defendant who violates Section 33A-2 of the
23 Criminal Code of 1961 with a firearm, when that person
24 has been convicted in any state or federal court of 3 or
25 more of the following offenses: treason, first degree
26 murder, second degree murder, aggravated criminal sexual
27 assault, criminal sexual assault, robbery, burglary,
28 arson, kidnaping, aggravated battery resulting in great
29 bodily harm or permanent disability or disfigurement, or
30 a violation of Section 401(a) of the Illinois Controlled
31 Substances Act, when the third offense was committed
32 after conviction on the second, the second offense was
33 committed after conviction on the first, and the
34 violation of Section 33A-2 of the Criminal Code of 1961
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1 was committed after conviction on the third.
2 (11) Beginning July 1, 1994, a term of imprisonment
3 of not less than 10 years and not more than 30 years
4 shall be imposed on a defendant who violates Section
5 33A-2 with a Category I weapon where the offense was
6 committed in any school, or any conveyance owned, leased,
7 or contracted by a school to transport students to or
8 from school or a school related activity, on the real
9 property comprising any school or public park, and where
10 the offense was related to the activities of an organized
11 gang. For the purposes of this paragraph (11),
12 "organized gang" has the meaning ascribed to it in
13 Section 10 of the Illinois Streetgang Terrorism Omnibus
14 Prevention Act.
15 (d) In any case in which a sentence originally imposed
16 is vacated, the case shall be remanded to the trial court.
17 The trial court shall hold a hearing under Section 5-4-1 of
18 the Unified Code of Corrections which may include evidence of
19 the defendant's life, moral character and occupation during
20 the time since the original sentence was passed. The trial
21 court shall then impose sentence upon the defendant. The
22 trial court may impose any sentence which could have been
23 imposed at the original trial subject to Section 5-5-4 of the
24 Unified Code of Corrections.
25 (e) In cases where prosecution for criminal sexual
26 assault or aggravated criminal sexual abuse under Section
27 12-13 or 12-16 of the Criminal Code of 1961 results in
28 conviction of a defendant who was a family member of the
29 victim at the time of the commission of the offense, the
30 court shall consider the safety and welfare of the victim and
31 may impose a sentence of probation only where:
32 (1) the court finds (A) or (B) or both are
33 appropriate:
34 (A) the defendant is willing to undergo a
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1 court approved counseling program for a minimum
2 duration of 2 years; or
3 (B) the defendant is willing to participate in
4 a court approved plan including but not limited to
5 the defendant's:
6 (i) removal from the household;
7 (ii) restricted contact with the victim;
8 (iii) continued financial support of the
9 family;
10 (iv) restitution for harm done to the
11 victim; and
12 (v) compliance with any other measures
13 that the court may deem appropriate; and
14 (2) the court orders the defendant to pay for the
15 victim's counseling services, to the extent that the
16 court finds, after considering the defendant's income and
17 assets, that the defendant is financially capable of
18 paying for such services, if the victim was under 18
19 years of age at the time the offense was committed and
20 requires counseling as a result of the offense.
21 Probation may be revoked or modified pursuant to Section
22 5-6-4; except where the court determines at the hearing that
23 the defendant violated a condition of his or her probation
24 restricting contact with the victim or other family members
25 or commits another offense with the victim or other family
26 members, the court shall revoke the defendant's probation and
27 impose a term of imprisonment.
28 For the purposes of this Section, "family member" and
29 "victim" shall have the meanings ascribed to them in Section
30 12-12 of the Criminal Code of 1961.
31 (f) This Article shall not deprive a court in other
32 proceedings to order a forfeiture of property, to suspend or
33 cancel a license, to remove a person from office, or to
34 impose any other civil penalty.
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1 (g) Whenever a defendant is convicted of an offense
2 under Sections 11-14, 11-15, 11-15.1, 11-16, 11-17, 11-18,
3 11-18.1, 11-19, 11-19.1, 11-19.2, 12-13, 12-14, 12-14.1,
4 12-15 or 12-16 of the Criminal Code of 1961, the defendant
5 shall undergo medical testing to determine whether the
6 defendant has any sexually transmissible disease, including a
7 test for infection with human immunodeficiency virus (HIV) or
8 any other identified causative agent of acquired
9 immunodeficiency syndrome (AIDS). Any such medical test
10 shall be performed only by appropriately licensed medical
11 practitioners and may include an analysis of any bodily
12 fluids as well as an examination of the defendant's person.
13 Except as otherwise provided by law, the results of such test
14 shall be kept strictly confidential by all medical personnel
15 involved in the testing and must be personally delivered in a
16 sealed envelope to the judge of the court in which the
17 conviction was entered for the judge's inspection in camera.
18 Acting in accordance with the best interests of the victim
19 and the public, the judge shall have the discretion to
20 determine to whom, if anyone, the results of the testing may
21 be revealed. The court shall notify the defendant of the test
22 results. The court shall also notify the victim if requested
23 by the victim, and if the victim is under the age of 15 and
24 if requested by the victim's parents or legal guardian, the
25 court shall notify the victim's parents or legal guardian of
26 the test results. The court shall provide information on the
27 availability of HIV testing and counseling at Department of
28 Public Health facilities to all parties to whom the results
29 of the testing are revealed and shall direct the State's
30 Attorney to provide the information to the victim when
31 possible. A State's Attorney may petition the court to obtain
32 the results of any HIV test administered under this Section,
33 and the court shall grant the disclosure if the State's
34 Attorney shows it is relevant in order to prosecute a charge
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1 of criminal transmission of HIV under Section 12-16.2 of the
2 Criminal Code of 1961 against the defendant. The court shall
3 order that the cost of any such test shall be paid by the
4 county and may be taxed as costs against the convicted
5 defendant.
6 (g-5) When an inmate is tested for an airborne
7 communicable disease, as determined by the Illinois
8 Department of Public Health including but not limited to
9 tuberculosis, the results of the test shall be personally
10 delivered by the warden or his or her designee in a sealed
11 envelope to the judge of the court in which the inmate must
12 appear for the judge's inspection in camera if requested by
13 the judge. Acting in accordance with the best interests of
14 those in the courtroom, the judge shall have the discretion
15 to determine what if any precautions need to be taken to
16 prevent transmission of the disease in the courtroom.
17 (h) Whenever a defendant is convicted of an offense
18 under Section 1 or 2 of the Hypodermic Syringes and Needles
19 Act, the defendant shall undergo medical testing to determine
20 whether the defendant has been exposed to human
21 immunodeficiency virus (HIV) or any other identified
22 causative agent of acquired immunodeficiency syndrome (AIDS).
23 Except as otherwise provided by law, the results of such test
24 shall be kept strictly confidential by all medical personnel
25 involved in the testing and must be personally delivered in a
26 sealed envelope to the judge of the court in which the
27 conviction was entered for the judge's inspection in camera.
28 Acting in accordance with the best interests of the public,
29 the judge shall have the discretion to determine to whom, if
30 anyone, the results of the testing may be revealed. The court
31 shall notify the defendant of a positive test showing an
32 infection with the human immunodeficiency virus (HIV). The
33 court shall provide information on the availability of HIV
34 testing and counseling at Department of Public Health
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1 facilities to all parties to whom the results of the testing
2 are revealed and shall direct the State's Attorney to provide
3 the information to the victim when possible. A State's
4 Attorney may petition the court to obtain the results of any
5 HIV test administered under this Section, and the court
6 shall grant the disclosure if the State's Attorney shows it
7 is relevant in order to prosecute a charge of criminal
8 transmission of HIV under Section 12-16.2 of the Criminal
9 Code of 1961 against the defendant. The court shall order
10 that the cost of any such test shall be paid by the county
11 and may be taxed as costs against the convicted defendant.
12 (i) All fines and penalties imposed under this Section
13 for any violation of Chapters 3, 4, 6, and 11 of the Illinois
14 Vehicle Code, or a similar provision of a local ordinance,
15 and any violation of the Child Passenger Protection Act, or a
16 similar provision of a local ordinance, shall be collected
17 and disbursed by the circuit clerk as provided under Section
18 27.5 of the Clerks of Courts Act.
19 (j) In cases when prosecution for any violation of
20 Section 11-6, 11-8, 11-9, 11-11, 11-14, 11-15, 11-15.1,
21 11-16, 11-17, 11-17.1, 11-18, 11-18.1, 11-19, 11-19.1,
22 11-19.2, 11-20.1, 11-21, 12-13, 12-14, 12-14.1, 12-15, or
23 12-16 of the Criminal Code of 1961, any violation of the
24 Illinois Controlled Substances Act, or any violation of the
25 Cannabis Control Act results in conviction, a disposition of
26 court supervision, or an order of probation granted under
27 Section 10 of the Cannabis Control Act or Section 410 of the
28 Illinois Controlled Substance Act of a defendant, the court
29 shall determine whether the defendant is employed by a
30 facility or center as defined under the Child Care Act of
31 1969, a public or private elementary or secondary school, or
32 otherwise works with children under 18 years of age on a
33 daily basis. When a defendant is so employed, the court
34 shall order the Clerk of the Court to send a copy of the
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1 judgment of conviction or order of supervision or probation
2 to the defendant's employer by certified mail. If the
3 employer of the defendant is a school, the Clerk of the Court
4 shall direct the mailing of a copy of the judgment of
5 conviction or order of supervision or probation to the
6 appropriate regional superintendent of schools. The regional
7 superintendent of schools shall notify the State Board of
8 Education of any notification under this subsection.
9 (j-5) A defendant at least 17 years of age who is
10 convicted of a felony and who has not been previously
11 convicted of a misdemeanor or felony and who is sentenced to
12 a term of imprisonment in the Illinois Department of
13 Corrections shall as a condition of his or her sentence be
14 required by the court to attend educational courses designed
15 to prepare the defendant for a high school diploma and to
16 work toward a high school diploma or to work toward passing
17 the high school level Test of General Educational Development
18 (GED) or to work toward completing a vocational training
19 program offered by the Department of Corrections. If a
20 defendant fails to complete the educational training required
21 by his or her sentence during the term of incarceration, the
22 Prisoner Review Board shall, as a condition of mandatory
23 supervised release, require the defendant, at his or her own
24 expense, to pursue a course of study toward a high school
25 diploma or passage of the GED test. The Prisoner Review
26 Board shall revoke the mandatory supervised release of a
27 defendant who wilfully fails to comply with this subsection
28 (j-5) upon his or her release from confinement in a penal
29 institution while serving a mandatory supervised release
30 term; however, the inability of the defendant after making a
31 good faith effort to obtain financial aid or pay for the
32 educational training shall not be deemed a wilful failure to
33 comply. The Prisoner Review Board shall recommit the
34 defendant whose mandatory supervised release term has been
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1 revoked under this subsection (j-5) as provided in Section
2 3-3-9. This subsection (j-5) does not apply to a defendant
3 who has a high school diploma or has successfully passed the
4 GED test. This subsection (j-5) does not apply to a defendant
5 who is determined by the court to be developmentally disabled
6 or otherwise mentally incapable of completing the educational
7 or vocational program.
8 (k) A court may not impose a sentence or disposition for
9 a felony or misdemeanor that requires the defendant to be
10 implanted or injected with or to use any form of birth
11 control.
12 (l)(A) Except as provided in paragraph (C) of subsection
13 (l), whenever a defendant, who is an alien as defined by the
14 Immigration and Nationality Act, is convicted of any felony
15 or misdemeanor offense, the court after sentencing the
16 defendant may, upon motion of the State's Attorney, hold
17 sentence in abeyance and remand the defendant to the custody
18 of the Attorney General of the United States or his or her
19 designated agent to be deported when:
20 (1) a final order of deportation has been issued
21 against the defendant pursuant to proceedings under the
22 Immigration and Nationality Act, and
23 (2) the deportation of the defendant would not
24 deprecate the seriousness of the defendant's conduct and
25 would not be inconsistent with the ends of justice.
26 Otherwise, the defendant shall be sentenced as provided
27 in this Chapter V.
28 (B) If the defendant has already been sentenced for a
29 felony or misdemeanor offense, or has been placed on
30 probation under Section 10 of the Cannabis Control Act or
31 Section 410 of the Illinois Controlled Substances Act, the
32 court may, upon motion of the State's Attorney to suspend the
33 sentence imposed, commit the defendant to the custody of the
34 Attorney General of the United States or his or her
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1 designated agent when:
2 (1) a final order of deportation has been issued
3 against the defendant pursuant to proceedings under the
4 Immigration and Nationality Act, and
5 (2) the deportation of the defendant would not
6 deprecate the seriousness of the defendant's conduct and
7 would not be inconsistent with the ends of justice.
8 (C) This subsection (l) does not apply to offenders who
9 are subject to the provisions of paragraph (2) of subsection
10 (a) of Section 3-6-3.
11 (D) Upon motion of the State's Attorney, if a defendant
12 sentenced under this Section returns to the jurisdiction of
13 the United States, the defendant shall be recommitted to the
14 custody of the county from which he or she was sentenced.
15 Thereafter, the defendant shall be brought before the
16 sentencing court, which may impose any sentence that was
17 available under Section 5-5-3 at the time of initial
18 sentencing. In addition, the defendant shall not be eligible
19 for additional good conduct credit for meritorious service as
20 provided under Section 3-6-6.
21 (Source: P.A. 89-8, eff. 3-21-95; 89-314, eff. 1-1-96;
22 89-428, eff. 12-13-95; 89-462, eff. 5-29-96; 89-477, eff.
23 6-18-96; 89-507, eff. 7-1-97; 89-545, eff. 7-25-96; 89-587,
24 eff. 7-31-96; 89-627, eff. 1-1-97; 89-688, eff. 6-1-97;
25 90-14, eff. 7-1-97; 90-68, eff. 7-8-97.)
26 Section 99. Effective date. This Act takes effect upon
27 becoming law.
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