|
|
Public Act 093-0782
|
| SB2164 Enrolled |
LRB093 16664 DRH 42315 b |
|
|
AN ACT in relation to vehicles.
|
Be it enacted by the People of the State of Illinois, |
represented in the General Assembly:
|
Section 5. The Boat Registration and Safety Act is amended |
by changing
Sections 5-2, 6-1, 11A-3, 11A-4, and 11A-5 as |
follows:
|
(625 ILCS 45/5-2) (from Ch. 95 1/2, par. 315-2)
|
Sec. 5-2. Reckless operation.
|
(a) No person shall operate any watercraft,
specialty |
prop-craft, personal watercraft or manipulate any water skis,
|
aquaplane, or similar device in such a manner as to willfully |
or wantonly
endanger the life, limb or property of any person, |
to weave through
congested traffic, to jump the wake of another |
vessel unreasonably or
unnecessarily close to the other vessel |
or when visibility around the other
vessel is obstructed, to |
wait until the last possible moment to swerve to
avoid |
collision, or operate any watercraft so as to approach or pass
|
another watercraft in such a manner or at such a rate of speed |
as to create
a hazardous wake or wash.
|
(b) A person convicted of committing a violation of this |
Section shall be
guilty of aggravated reckless operation of a |
watercraft if the violation of
this Section resulted in great |
bodily harm or permanent disability or
disfigurement of |
another, when the violation was a proximate cause of the
|
injuries.
|
(Source: P.A. 87-798.)
|
(625 ILCS 45/6-1) (from Ch. 95 1/2, par. 316-1)
|
Sec. 6-1. Collisions, accidents, and casualties; reports.
|
A. The operator of a vessel involved in a collision, |
accident, or other
casualty, so far as he can without serious |
danger to his own vessel,
crew, passengers and guests, if any, |
|
shall render to other persons affected
by the collision, |
accident, or other casualty assistance as may be
practicable |
and as may be necessary in order to save them from or minimize
|
any danger caused by the collision, accident, or other |
casualty, and also
shall give his name, address, and |
identification of his vessel to any
person injured and to the |
owner of any property damaged in the collision,
accident, or |
other casualty.
|
If the collision, accident, or other casualty has resulted |
in the death of
or
personal injury to any person, failure to |
comply with this subsection A is a
Class A
misdemeanor.
|
A-1. Any person who has failed to stop or to comply with |
the
requirements of subsection A must, as soon as possible but |
in no case
later than one hour after
the collision, accident, |
or other casualty, or, if hospitalized and
incapacitated from |
reporting at any
time during that period, as soon as possible |
but in no case later than one
hour
after
being discharged from |
the
hospital, report the date, place, and approximate time
of |
the collision,
accident, or other casualty, the watercraft |
operator's name and address, the
identification number of the |
watercraft, if any, and the names of all other
occupants of the |
watercraft, at a police station or sheriff's office near the
|
location where the collision, accident, or other casualty |
occurred. A report
made as required under this subsection
A-1 |
may not be used, directly or indirectly, as a basis for the
|
prosecution of any violation of subsection A.
|
As used in this Section, personal injury means any injury |
requiring treatment beyond first aid.
|
Any person failing to comply with this subsection A-1 is
|
guilty
of
a Class 4 felony if the collision, accident, or other |
casualty
does not result in the death of any person.
Any person |
failing to comply with this subsection A-1
when the collision, |
accident, or other casualty results in the death of
any person |
is guilty of a Class 2
felony, for which the person, if
|
sentenced to a term of imprisonment, shall be sentenced to a |
term of not less
than 3 years and not more than 14 years.
|
|
B. In the case of collision, accident, or other casualty |
involving a
vessel, the operator, if the collision, accident, |
or other casualty
results in death or injury to a person or |
damage to property in excess of
$500, shall file with the |
Department a full description of the collision,
accident, or |
other casualty, including information as the Department
may by |
regulation require. Reports
of
the accidents must be filed with
|
the Department on a Department Accident Report form within 5 |
days.
|
C. Reports of accidents resulting
in personal injury, where |
a person
is incapacitated for a period exceeding 72 hours, must |
be filed with the
Department on a Department Accident Report |
form within 5 days.
Accidents
that result in loss of life shall |
be reported to the Department on a
Department form within 48 |
hours.
|
D. All required
accident reports and supplemental reports |
are without
prejudice to the individual reporting, and are for |
the confidential use
of the Department, except that the |
Department may disclose the identity of
a person involved in an |
accident when the identity is not otherwise known
or when the |
person denies his presence at the accident. No report
to the |
Department may be used as evidence in any trial, civil or |
criminal,
arising out of an
accident, except that the |
Department must furnish upon demand of any person
who has or |
claims to have made a report or upon demand of any court
a |
certificate showing that a specified accident report has or has |
not been
made to the Department solely to prove a compliance or |
a failure to comply
with the requirements that a report be made |
to the Department.
|
E. (1) Every coroner or medical examiner shall on or before |
the 10th
day of each month report in writing to the |
Department the circumstances
surrounding the death of any |
person that has occurred as the result of a
boating |
accident within the examiner's jurisdiction during the |
preceding
calendar month.
|
(2) Within 6 hours after a death resulting from a |
|
boating accident,
but in any case not more than 12 hours |
after the occurrence of the boating
accident, a blood |
specimen of at least 10 cc shall be withdrawn from the
body |
of the decedent by the coroner or medical examiner or by a |
qualified
person at the direction of the physician. All |
morticians shall obtain a
release from the coroner or |
medical examiner prior to proceeding with
embalming any |
body coming under the scope of this Section. The blood so
|
drawn shall be forwarded to a laboratory approved by the |
Department of
State Police for analysis of the alcoholic |
content of the
blood specimen.
The coroner or medical |
examiner causing the blood to be withdrawn shall be
|
notified of the results of each analysis made and shall |
forward the results
of each analysis to the Department. The |
Department shall keep a record of
all examinations to be |
used for statistical purposes only. The cumulative
results |
of the examinations, without identifying the individuals |
involved,
shall be disseminated and made public by the |
Department.
|
(Source: P.A. 91-828, eff. 1-1-01.)
|
(625 ILCS 45/11A-3) (from Ch. 95 1/2, par. 321A-3)
|
Sec. 11A-3. Any person who violates any of the provisions |
of Section
5-1 or 5-2 of this Act is guilty of a Class B |
misdemeanor.
|
Any person who violates Section 5-2 of this Act is
guilty |
of a Class A misdemeanor, except that aggravated reckless |
operation of a
watercraft is a Class 4 felony.
|
(Source: P.A. 85-149.)
|
(625 ILCS 45/11A-4) (from Ch. 95 1/2, par. 321A-4)
|
Sec. 11A-4. Any person who is convicted of a violation of |
Sections
5-1, 5-2 or 11A-5 of this Act, in addition to any |
other penalties
authorized in this Act, may in the discretion |
of the court be refused the
privilege of operating any |
watercraft on any of the waterways of this State
for a period |
|
of not less than one year.
|
Any person who is convicted of a violation of Section 5-2 |
of this Act or
subsection A-1 of Section 6-1 of this Act, in |
addition to any other penalties
authorized in this Act, shall |
have his or her privilege of operating any
watercraft on any of |
the waterways of this State suspended by the Department for a |
period of not less than one year.
|
(Source: P.A. 85-149.)
|
(625 ILCS 45/11A-5) (from Ch. 95 1/2, par. 321A-5)
|
Sec. 11A-5. Any person who operates any watercraft during |
the period when
he is denied the privilege to so operate is |
guilty of a Class A misdemeanor
for a first offense and a Class |
4 felony for a second or subsequent
offense.
|
(Source: P.A. 85-149.)
|
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)
|
Sec. 5-5-3. Disposition.
|
(a) Every person convicted of an offense shall be sentenced |
as provided
in this Section.
|
(b) The following options shall be appropriate |
dispositions, alone
or in combination, for all felonies and |
misdemeanors other than those
identified in subsection (c) of |
this Section:
|
(1) A period of probation.
|
(2) A term of periodic imprisonment.
|
(3) A term of conditional discharge.
|
(4) A term of imprisonment.
|
(5) An order directing the offender to clean up and |
repair the
damage, if the offender was convicted under |
paragraph (h) of Section
21-1 of the Criminal Code of 1961 |
(now repealed).
|
(6) A fine.
|
|
(7) An order directing the offender to make restitution |
to the
victim under Section 5-5-6 of this Code.
|
(8) A sentence of participation in a county impact |
incarceration
program under Section 5-8-1.2 of this Code.
|
Whenever an individual is sentenced for an offense based |
upon an
arrest for a violation of Section 11-501 of the |
Illinois Vehicle Code, or a
similar provision of a local |
ordinance, and the professional evaluation
recommends remedial |
or rehabilitative treatment or education, neither the
|
treatment nor the education shall be the sole disposition and |
either or
both may be imposed only in conjunction with another |
disposition.
The court shall monitor compliance with any |
remedial education or treatment
recommendations contained in |
the professional evaluation. Programs
conducting alcohol or |
other drug evaluation or remedial education must be
licensed by |
the Department of Human Services. However,
if the individual is |
not a resident of Illinois, the court may accept an
alcohol or |
other drug evaluation or remedial education program in the |
state
of such individual's residence. Programs providing |
treatment must be
licensed under existing applicable |
alcoholism and drug treatment licensure
standards.
|
In addition to any other fine or penalty required by law, |
any
individual convicted of a violation of Section 11-501 of |
the Illinois
Vehicle Code, Section 5-7 of the Snowmobile |
Registration and Safety Act,
Section 5-16 of the Boat |
Registration and Safety Act, or a similar provision of
local |
ordinance, whose operation of
a motor vehicle while in |
violation of Section 11-501, Section 5-7, Section
5-16, or such |
ordinance
proximately caused an incident resulting in an |
appropriate emergency
response, shall be required to make |
restitution to a public agency for the
costs of that emergency |
response. Such restitution shall not exceed $1,000 per
public |
agency for each such emergency response. For the purpose
of
|
this paragraph, emergency response shall mean any incident |
requiring a response
by: a police officer as defined under |
Section 1-162 of the Illinois Vehicle
Code; a fireman carried |
|
on the rolls of a regularly constituted fire
department; and an |
ambulance as defined under Section 3.85 of the
Emergency |
Medical Services (EMS) Systems Act.
|
Neither a fine nor restitution shall be the sole |
disposition
for a felony and either or both may be imposed only |
in conjunction with
another disposition.
|
(c) (1) When a defendant is found guilty of first degree |
murder the
State may either seek a sentence of imprisonment |
under Section 5-8-1 of
this Code, or where appropriate seek |
a sentence of death under Section 9-1
of the Criminal Code |
of 1961.
|
(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:
|
(A) First degree murder where the death penalty is |
not imposed.
|
(B) Attempted first degree murder.
|
(C) A Class X felony.
|
(D) A violation of Section 401.1 or 407 of the
|
Illinois Controlled Substances Act, or a violation of |
subdivision (c)(1) or
(c)(2) of
Section 401 of that Act |
which relates to more than 5 grams of a substance
|
containing heroin or cocaine or an analog thereof.
|
(E) A violation of Section 5.1 or 9 of the Cannabis |
Control
Act.
|
(F) A Class 2 or greater felony if the offender had |
been convicted
of 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.
|
(G) Residential burglary, except as otherwise |
|
provided in Section 40-10
of the Alcoholism and Other |
Drug Abuse and Dependency Act.
|
(H) Criminal sexual assault.
|
(I) Aggravated battery of a senior citizen.
|
(J) A forcible felony if the offense was related to |
the activities of an
organized gang.
|
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.
|
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.
|
(K) Vehicular hijacking.
|
(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.
|
(M) A second or subsequent conviction for the |
offense of institutional
vandalism if the damage to the |
property exceeds $300.
|
(N) A Class 3 felony violation of paragraph (1) of |
subsection (a) of
Section 2 of the Firearm Owners |
Identification Card Act.
|
(O) A violation of Section 12-6.1 of the Criminal |
Code of 1961.
|
(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.
|
(Q) A violation of Section 20-1.2 or 20-1.3 of the |
Criminal Code of
1961.
|
(R) A violation of Section 24-3A of the Criminal |
Code of
1961.
|
|
(S) A violation of Section 11-501(c-1)(3) of the |
Illinois Vehicle
Code.
|
(T) A second or subsequent violation of paragraph |
(6.6) of subsection
(a), subsection (c-5), or |
subsection (d-5) of Section 401 of the Illinois
|
Controlled Substances Act.
|
(3) A minimum term of imprisonment of not less than 5 |
days
or 30 days of community service as may be determined |
by the
court shall
be imposed for a second violation |
committed within 5 years
of a previous violation of Section |
11-501 of the Illinois Vehicle Code or
a similar provision |
of a local ordinance.
In the case of a third or
subsequent |
violation committed within 5 years of a previous violation |
of
Section 11-501 of the Illinois Vehicle Code or a similar |
provision of a local
ordinance, a minimum term of either 10 |
days of imprisonment or 60 days of
community service shall |
be imposed.
|
(4) A minimum term of imprisonment of not less than 10
|
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.
|
(4.1) A minimum term of 30 consecutive days of |
imprisonment,
40 days of 24 hour periodic imprisonment or |
720 hours of community
service, as may be determined by the |
court, shall be imposed for a violation of
Section 11-501 |
of the Illinois Vehicle Code during a period in which the
|
defendant's driving privileges are revoked or suspended,
|
where the revocation or suspension was for a
violation of |
Section
11-501 or Section 11-501.1 of that Code.
|
(4.2) Except as provided in paragraph (4.3) 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.
|
(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.
|
(4.4) Except as provided in paragraph (4.5) and |
paragraph (4.6) 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.
|
(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.
|
(4.6) 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.
|
(5) The court may sentence an offender convicted of a |
business
offense or a petty offense or a corporation or |
unincorporated
association convicted of any offense to:
|
(A) a period of conditional discharge;
|
(B) a fine;
|
(C) make restitution to the victim under Section |
5-5-6 of this Code.
|
(5.1) In addition to any penalties imposed under |
paragraph (5) of this
subsection (c), and except as |
provided in paragraph (5.2) or (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 90 days but |
not more than one year, if the violation
resulted in damage |
to the property of another person.
|
(5.2) In addition to any penalties imposed under |
paragraph (5) of this
subsection (c), 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.
|
(5.3) In addition to any penalties imposed under |
paragraph (5) of
this
subsection (c), 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.
|
(6) In no case shall an offender be eligible for a |
disposition of
probation or conditional discharge for a |
Class 1 felony committed while
he was serving a term of |
probation or conditional discharge for a felony.
|
(7) When a defendant is adjudged a habitual criminal |
under Article
33B of the Criminal Code of 1961, the court |
shall sentence
the defendant to a term of natural life |
imprisonment.
|
(8) When a defendant, over the age of 21 years, is |
convicted of a
Class 1 or Class 2 felony, after having |
twice been convicted
in any state or
federal court of an |
offense that contains the same elements as an offense now
|
classified in Illinois as a Class 2 or greater Class felony
|
and such charges are
separately brought and tried and arise |
out of different series of acts,
such defendant shall be |
sentenced as a Class X offender. This paragraph
shall not |
apply unless (1) the first felony was committed after the
|
effective date of this amendatory Act of 1977; and (2) the |
second felony
was committed after conviction on the first; |
and (3) the third felony
was committed after conviction on |
the second.
A person sentenced as a Class X offender under |
this paragraph is not
eligible to apply for treatment as a |
condition of probation as provided by
Section 40-10 of the |
Alcoholism and Other Drug Abuse and Dependency Act.
|
(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.
|
(10) When a person is convicted of violating Section |
11-501 of the
Illinois
Vehicle Code or a similar provision |
|
of a local ordinance, the following
penalties apply when |
his or her blood,
breath, or urine was .16 or more based on |
the definition of blood, breath, or
urine units in
Section |
11-501.2
or that person is convicted of violating Section |
11-501 of the Illinois Vehicle
Code while
transporting a |
child under the age of 16:
|
(A) For a first violation of subsection (a) of |
Section 11-501, in
addition to any other penalty that |
may be imposed under subsection (c) of
Section 11-501: |
a
mandatory
minimum of
100 hours of community
service |
and a minimum fine of
$500.
|
(B) For a second violation of subsection (a) of |
Section 11-501, in
addition to any other penalty that |
may be imposed under subsection (c) of
Section 11-501 |
within 10
years: a
mandatory minimum of 2
days of |
imprisonment
and a minimum fine of $1,250.
|
(C) For a third violation of subsection (a) of |
Section 11-501, in
addition to any other penalty that |
may be imposed under subsection (c) of
Section 11-501 |
within 20
years: a
mandatory
minimum of 90 days of |
imprisonment and a minimum
fine of $2,500.
|
(D) For a fourth or subsequent violation of |
subsection (a) of Section
11-501: ineligibility for a |
sentence
of probation or conditional discharge and a |
minimum
fine of $2,500.
|
(11) 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.
|
(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) This Article shall not deprive a court in other |
proceedings to
order a forfeiture of property, to suspend or |
cancel a license, to
remove a person from office, or to impose |
any other civil penalty.
|
(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,
or any violation of the Cannabis Control Act |
results in conviction, a
disposition of court supervision, or |
|
an order of probation granted under
Section 10 of the Cannabis |
Control Act or Section 410 of the Illinois
Controlled Substance |
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) A court may not impose a sentence or disposition for a
|
felony or misdemeanor that requires the defendant to be |
implanted or injected
with or to use any form of birth control.
|
(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 or |
Section 410 of the Illinois Controlled Substances 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.
|
|
(Source: P.A. 92-183, eff. 7-27-01; 92-248, eff. 8-3-01; |
92-283, eff.
1-1-02; 92-340, eff. 8-10-01; 92-418, eff. |
8-17-01; 92-422, eff. 8-17-01;
92-651, eff. 7-11-02; 92-698, |
eff. 7-19-02; 93-44, eff. 7-1-03; 93-156, eff.
1-1-04; 93-169, |
eff. 7-10-03; 93-301, eff. 1-1-04; 93-419, eff. 1-1-04;
93-546, |
eff. 1-1-04; revised 10-9-03.)
|