093_HB3091enr HB3091 Enrolled LRB093 08195 LRD 08402 b 1 AN ACT in relation to criminal law. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Criminal Code of 1961 is amended by adding 5 Section 20-1.3 as follows: 6 (720 ILCS 5/20-1.3 new) 7 Sec. 20-1.3. Place of worship arson. 8 (a) A person commits the offense of place of worship 9 arson when, in the course of committing an arson, he or she 10 knowingly damages, partially or totally, any place of 11 worship. 12 (b) Sentence. Place of worship arson is a Class 1 13 felony. 14 Section 10. The Unified Code of Corrections is amended 15 by changing Sections 5-5-3 and 5-8-1.1 and adding Section 16 5-9-1.12 as follows: 17 (730 ILCS 5/5-5-3) (from Ch. 38, par. 1005-5-3) 18 Sec. 5-5-3. Disposition. 19 (a) Every person convicted of an offense shall be 20 sentenced as provided in this Section. 21 (b) The following options shall be appropriate 22 dispositions, alone or in combination, for all felonies and 23 misdemeanors other than those identified in subsection (c) of 24 this Section: 25 (1) A period of probation. 26 (2) A term of periodic imprisonment. 27 (3) A term of conditional discharge. 28 (4) A term of imprisonment. 29 (5) An order directing the offender to clean up and HB3091 Enrolled -2- LRB093 08195 LRD 08402 b 1 repair the damage, if the offender was convicted under 2 paragraph (h) of Section 21-1 of the Criminal Code of 3 1961. 4 (6) A fine. 5 (7) An order directing the offender to make 6 restitution to the victim under Section 5-5-6 of this 7 Code. 8 (8) A sentence of participation in a county impact 9 incarceration program under Section 5-8-1.2 of this Code. 10 Whenever an individual is sentenced for an offense based 11 upon an arrest for a violation of Section 11-501 of the 12 Illinois Vehicle Code, or a similar provision of a local 13 ordinance, and the professional evaluation recommends 14 remedial or rehabilitative treatment or education, neither 15 the treatment nor the education shall be the sole disposition 16 and either or both may be imposed only in conjunction with 17 another disposition. The court shall monitor compliance with 18 any remedial education or treatment recommendations contained 19 in the professional evaluation. Programs conducting alcohol 20 or other drug evaluation or remedial education must be 21 licensed by the Department of Human Services. However, if 22 the individual is not a resident of Illinois, the court may 23 accept an alcohol or other drug evaluation or remedial 24 education program in the state of such individual's 25 residence. Programs providing treatment must be licensed 26 under existing applicable alcoholism and drug treatment 27 licensure standards. 28 In addition to any other fine or penalty required by law, 29 any individual convicted of a violation of Section 11-501 of 30 the Illinois Vehicle Code or a similar provision of local 31 ordinance, whose operation of a motor vehicle while in 32 violation of Section 11-501 or such ordinance proximately 33 caused an incident resulting in an appropriate emergency 34 response, shall be required to make restitution to a public HB3091 Enrolled -3- LRB093 08195 LRD 08402 b 1 agency for the costs of that emergency response. Such 2 restitution shall not exceed $500 per public agency for each 3 such emergency response. For the purpose of this paragraph, 4 emergency response shall mean any incident requiring a 5 response by: a police officer as defined under Section 1-162 6 of the Illinois Vehicle Code; a fireman carried on the rolls 7 of a regularly constituted fire department; and an ambulance 8 as defined under Section 4.05 of the Emergency Medical 9 Services (EMS) Systems Act. 10 Neither a fine nor restitution shall be the sole 11 disposition for a felony and either or both may be imposed 12 only in conjunction with another disposition. 13 (c) (1) When a defendant is found guilty of first degree 14 murder the State may either seek a sentence of 15 imprisonment under Section 5-8-1 of this Code, or where 16 appropriate seek a sentence of death under Section 9-1 of 17 the Criminal Code of 1961. 18 (2) A period of probation, a term of periodic 19 imprisonment or conditional discharge shall not be 20 imposed for the following offenses. The court shall 21 sentence the offender to not less than the minimum term 22 of imprisonment set forth in this Code for the following 23 offenses, and may order a fine or restitution or both in 24 conjunction with such term of imprisonment: 25 (A) First degree murder where the death 26 penalty is not imposed. 27 (B) Attempted first degree murder. 28 (C) A Class X felony. 29 (D) A violation of Section 401.1 or 407 of the 30 Illinois Controlled Substances Act, or a violation 31 of subdivision (c)(1) or (c)(2) of Section 401 of 32 that Act which relates to more than 5 grams of a 33 substance containing heroin or cocaine or an analog 34 thereof. HB3091 Enrolled -4- LRB093 08195 LRD 08402 b 1 (E) A violation of Section 5.1 or 9 of the 2 Cannabis Control Act. 3 (F) A Class 2 or greater felony if the 4 offender had been convicted of a Class 2 or greater 5 felony within 10 years of the date on which the 6 offender committed the offense for which he or she 7 is being sentenced, except as otherwise provided in 8 Section 40-10 of the Alcoholism and Other Drug Abuse 9 and Dependency Act. 10 (G) Residential burglary, except as otherwise 11 provided in Section 40-10 of the Alcoholism and 12 Other Drug Abuse and Dependency Act. 13 (H) Criminal sexual assault, except as 14 otherwise provided in subsection (e) of this 15 Section. 16 (I) Aggravated battery of a senior citizen. 17 (J) A forcible felony if the offense was 18 related to the activities of an organized gang. 19 Before July 1, 1994, for the purposes of this 20 paragraph, "organized gang" means an association of 21 5 or more persons, with an established hierarchy, 22 that encourages members of the association to 23 perpetrate crimes or provides support to the members 24 of the association who do commit crimes. 25 Beginning July 1, 1994, for the purposes of 26 this paragraph, "organized gang" has the meaning 27 ascribed to it in Section 10 of the Illinois 28 Streetgang Terrorism Omnibus Prevention Act. 29 (K) Vehicular hijacking. 30 (L) A second or subsequent conviction for the 31 offense of hate crime when the underlying offense 32 upon which the hate crime is based is felony 33 aggravated assault or felony mob action. 34 (M) A second or subsequent conviction for the HB3091 Enrolled -5- LRB093 08195 LRD 08402 b 1 offense of institutional vandalism if the damage to 2 the property exceeds $300. 3 (N) A Class 3 felony violation of paragraph 4 (1) of subsection (a) of Section 2 of the Firearm 5 Owners Identification Card Act. 6 (O) A violation of Section 12-6.1 of the 7 Criminal Code of 1961. 8 (P) A violation of paragraph (1), (2), (3), 9 (4), (5), or (7) of subsection (a) of Section 10 11-20.1 of the Criminal Code of 1961. 11 (Q) A violation of Section 20-1.2 or 20-1.3 of 12 the Criminal Code of 1961. 13 (R) A violation of Section 24-3A of the 14 Criminal Code of 1961. 15 (S) A violation of Section 11-501(c-1)(3) of 16 the Illinois Vehicle Code. 17 (3) A minimum term of imprisonment of not less than 18 5 days or 30 days of community service as may be 19 determined by the court shall be imposed for a second 20 violation committed within 5 years of a previous 21 violation of Section 11-501 of the Illinois Vehicle Code 22 or a similar provision of a local ordinance. In the case 23 of a third or subsequent violation committed within 5 24 years of a previous violation of Section 11-501 of the 25 Illinois Vehicle Code or a similar provision of a local 26 ordinance, a minimum term of either 10 days of 27 imprisonment or 60 days of community service shall be 28 imposed. 29 (4) A minimum term of imprisonment of not less than 30 10 consecutive days or 30 days of community service shall 31 be imposed for a violation of paragraph (c) of Section 32 6-303 of the Illinois Vehicle Code. 33 (4.1) A minimum term of 30 consecutive days of 34 imprisonment, 40 days of 24 hour periodic imprisonment or HB3091 Enrolled -6- LRB093 08195 LRD 08402 b 1 720 hours of community service, as may be determined by 2 the court, shall be imposed for a violation of Section 3 11-501 of the Illinois Vehicle Code during a period in 4 which the defendant's driving privileges are revoked or 5 suspended, where the revocation or suspension was for a 6 violation of Section 11-501 or Section 11-501.1 of that 7 Code. 8 (4.2) Except as provided in paragraph (4.3) of this 9 subsection (c), a minimum of 100 hours of community 10 service shall be imposed for a second violation of 11 Section 6-303 of the Illinois Vehicle Code. 12 (4.3) A minimum term of imprisonment of 30 days or 13 300 hours of community service, as determined by the 14 court, shall be imposed for a second violation of 15 subsection (c) of Section 6-303 of the Illinois Vehicle 16 Code. 17 (4.4) Except as provided in paragraph (4.5) and 18 paragraph (4.6) of this subsection (c), a minimum term of 19 imprisonment of 30 days or 300 hours of community 20 service, as determined by the court, shall be imposed for 21 a third or subsequent violation of Section 6-303 of the 22 Illinois Vehicle Code. 23 (4.5) A minimum term of imprisonment of 30 days 24 shall be imposed for a third violation of subsection (c) 25 of Section 6-303 of the Illinois Vehicle Code. 26 (4.6) A minimum term of imprisonment of 180 days 27 shall be imposed for a fourth or subsequent violation of 28 subsection (c) of Section 6-303 of the Illinois Vehicle 29 Code. 30 (5) The court may sentence an offender convicted of 31 a business offense or a petty offense or a corporation or 32 unincorporated association convicted of any offense to: 33 (A) a period of conditional discharge; 34 (B) a fine; HB3091 Enrolled -7- LRB093 08195 LRD 08402 b 1 (C) make restitution to the victim under 2 Section 5-5-6 of this Code. 3 (5.1) In addition to any penalties imposed under 4 paragraph (5) of this subsection (c), and except as 5 provided in paragraph (5.2) or (5.3), a person convicted 6 of violating subsection (c) of Section 11-907 of the 7 Illinois Vehicle Code shall have his or her driver's 8 license, permit, or privileges suspended for at least 90 9 days but not more than one year, if the violation 10 resulted in damage to the property of another person. 11 (5.2) In addition to any penalties imposed under 12 paragraph (5) of this subsection (c), and except as 13 provided in paragraph (5.3), a person convicted of 14 violating subsection (c) of Section 11-907 of the 15 Illinois Vehicle Code shall have his or her driver's 16 license, permit, or privileges suspended for at least 180 17 days but not more than 2 years, if the violation resulted 18 in injury to another person. 19 (5.3) In addition to any penalties imposed under 20 paragraph (5) of this subsection (c), a person convicted 21 of violating subsection (c) of Section 11-907 of the 22 Illinois Vehicle Code shall have his or her driver's 23 license, permit, or privileges suspended for 2 years, if 24 the violation resulted in the death of another person. 25 (6) In no case shall an offender be eligible for a 26 disposition of probation or conditional discharge for a 27 Class 1 felony committed while he was serving a term of 28 probation or conditional discharge for a felony. 29 (7) When a defendant is adjudged a habitual 30 criminal under Article 33B of the Criminal Code of 1961, 31 the court shall sentence the defendant to a term of 32 natural life imprisonment. 33 (8) When a defendant, over the age of 21 years, is 34 convicted of a Class 1 or Class 2 felony, after having HB3091 Enrolled -8- LRB093 08195 LRD 08402 b 1 twice been convicted in any state or federal court of an 2 offense that contains the same elements as an offense now 3 classified in Illinois as a Class 2 or greater Class 4 felony and such charges are separately brought and tried 5 and arise out of different series of acts, such defendant 6 shall be sentenced as a Class X offender. This paragraph 7 shall not apply unless (1) the first felony was committed 8 after the effective date of this amendatory Act of 1977; 9 and (2) the second felony was committed after conviction 10 on the first; and (3) the third felony was committed 11 after conviction on the second. A person sentenced as a 12 Class X offender under this paragraph is not eligible to 13 apply for treatment as a condition of probation as 14 provided by Section 40-10 of the Alcoholism and Other 15 Drug Abuse and Dependency Act. 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) When a person is convicted of violating 20 Section 11-501 of the Illinois Vehicle Code or a similar 21 provision of a local ordinance, the following penalties 22 apply when his or her blood, breath, or urine was .16 or 23 more based on the definition of blood, breath, or urine 24 units in Section 11-501.2 or that person is convicted of 25 violating Section 11-501 of the Illinois Vehicle Code 26 while transporting a child under the age of 16: 27 (A) For a first violation of subsection (a) of 28 Section 11-501, in addition to any other penalty 29 that may be imposed under subsection (c) of Section 30 11-501: a mandatory minimum of 100 hours of 31 community service and a minimum fine of $500. 32 (B) For a second violation of subsection (a) 33 of Section 11-501, in addition to any other penalty 34 that may be imposed under subsection (c) of Section HB3091 Enrolled -9- LRB093 08195 LRD 08402 b 1 11-501 within 10 years: a mandatory minimum of 2 2 days of imprisonment and a minimum fine of $1,250. 3 (C) For a third violation of subsection (a) of 4 Section 11-501, in addition to any other penalty 5 that may be imposed under subsection (c) of Section 6 11-501 within 20 years: a mandatory minimum of 90 7 days of imprisonment and a minimum fine of $2,500. 8 (D) For a fourth or subsequent violation of 9 subsection (a) of Section 11-501: ineligibility for 10 a sentence of probation or conditional discharge and 11 a minimum fine of $2,500. 12 (d) In any case in which a sentence originally imposed 13 is vacated, the case shall be remanded to the trial court. 14 The trial court shall hold a hearing under Section 5-4-1 of 15 the Unified Code of Corrections which may include evidence of 16 the defendant's life, moral character and occupation during 17 the time since the original sentence was passed. The trial 18 court shall then impose sentence upon the defendant. The 19 trial court may impose any sentence which could have been 20 imposed at the original trial subject to Section 5-5-4 of the 21 Unified Code of Corrections. If a sentence is vacated on 22 appeal or on collateral attack due to the failure of the 23 trier of fact at trial to determine beyond a reasonable doubt 24 the existence of a fact (other than a prior conviction) 25 necessary to increase the punishment for the offense beyond 26 the statutory maximum otherwise applicable, either the 27 defendant may be re-sentenced to a term within the range 28 otherwise provided or, if the State files notice of its 29 intention to again seek the extended sentence, the defendant 30 shall be afforded a new trial. 31 (e) In cases where prosecution for criminal sexual 32 assault or aggravated criminal sexual abuse under Section 33 12-13 or 12-16 of the Criminal Code of 1961 results in 34 conviction of a defendant who was a family member of the HB3091 Enrolled -10- LRB093 08195 LRD 08402 b 1 victim at the time of the commission of the offense, the 2 court shall consider the safety and welfare of the victim and 3 may impose a sentence of probation only where: 4 (1) the court finds (A) or (B) or both are 5 appropriate: 6 (A) the defendant is willing to undergo a 7 court approved counseling program for a minimum 8 duration of 2 years; or 9 (B) the defendant is willing to participate in 10 a court approved plan including but not limited to 11 the defendant's: 12 (i) removal from the household; 13 (ii) restricted contact with the victim; 14 (iii) continued financial support of the 15 family; 16 (iv) restitution for harm done to the 17 victim; and 18 (v) compliance with any other measures 19 that the court may deem appropriate; and 20 (2) the court orders the defendant to pay for the 21 victim's counseling services, to the extent that the 22 court finds, after considering the defendant's income and 23 assets, that the defendant is financially capable of 24 paying for such services, if the victim was under 18 25 years of age at the time the offense was committed and 26 requires counseling as a result of the offense. 27 Probation may be revoked or modified pursuant to Section 28 5-6-4; except where the court determines at the hearing that 29 the defendant violated a condition of his or her probation 30 restricting contact with the victim or other family members 31 or commits another offense with the victim or other family 32 members, the court shall revoke the defendant's probation and 33 impose a term of imprisonment. 34 For the purposes of this Section, "family member" and HB3091 Enrolled -11- LRB093 08195 LRD 08402 b 1 "victim" shall have the meanings ascribed to them in Section 2 12-12 of the Criminal Code of 1961. 3 (f) This Article shall not deprive a court in other 4 proceedings to order a forfeiture of property, to suspend or 5 cancel a license, to remove a person from office, or to 6 impose any other civil penalty. 7 (g) Whenever a defendant is convicted of an offense 8 under Sections 11-14, 11-15, 11-15.1, 11-16, 11-17, 11-18, 9 11-18.1, 11-19, 11-19.1, 11-19.2, 12-13, 12-14, 12-14.1, 10 12-15 or 12-16 of the Criminal Code of 1961, the defendant 11 shall undergo medical testing to determine whether the 12 defendant has any sexually transmissible disease, including a 13 test for infection with human immunodeficiency virus (HIV) or 14 any other identified causative agent of acquired 15 immunodeficiency syndrome (AIDS). Any such medical test 16 shall be performed only by appropriately licensed medical 17 practitioners and may include an analysis of any bodily 18 fluids as well as an examination of the defendant's person. 19 Except as otherwise provided by law, the results of such test 20 shall be kept strictly confidential by all medical personnel 21 involved in the testing and must be personally delivered in a 22 sealed envelope to the judge of the court in which the 23 conviction was entered for the judge's inspection in camera. 24 Acting in accordance with the best interests of the victim 25 and the public, the judge shall have the discretion to 26 determine to whom, if anyone, the results of the testing may 27 be revealed. The court shall notify the defendant of the test 28 results. The court shall also notify the victim if requested 29 by the victim, and if the victim is under the age of 15 and 30 if requested by the victim's parents or legal guardian, the 31 court shall notify the victim's parents or legal guardian of 32 the test results. The court shall provide information on the 33 availability of HIV testing and counseling at Department of 34 Public Health facilities to all parties to whom the results HB3091 Enrolled -12- LRB093 08195 LRD 08402 b 1 of the testing are revealed and shall direct the State's 2 Attorney to provide the information to the victim when 3 possible. A State's Attorney may petition the court to obtain 4 the results of any HIV test administered under this Section, 5 and the court shall grant the disclosure if the State's 6 Attorney shows it is relevant in order to prosecute a charge 7 of criminal transmission of HIV under Section 12-16.2 of the 8 Criminal Code of 1961 against the defendant. The court shall 9 order that the cost of any such test shall be paid by the 10 county and may be taxed as costs against the convicted 11 defendant. 12 (g-5) When an inmate is tested for an airborne 13 communicable disease, as determined by the Illinois 14 Department of Public Health including but not limited to 15 tuberculosis, the results of the test shall be personally 16 delivered by the warden or his or her designee in a sealed 17 envelope to the judge of the court in which the inmate must 18 appear for the judge's inspection in camera if requested by 19 the judge. Acting in accordance with the best interests of 20 those in the courtroom, the judge shall have the discretion 21 to determine what if any precautions need to be taken to 22 prevent transmission of the disease in the courtroom. 23 (h) Whenever a defendant is convicted of an offense 24 under Section 1 or 2 of the Hypodermic Syringes and Needles 25 Act, the defendant shall undergo medical testing to determine 26 whether the defendant has been exposed to human 27 immunodeficiency virus (HIV) or any other identified 28 causative agent of acquired immunodeficiency syndrome (AIDS). 29 Except as otherwise provided by law, the results of such test 30 shall be kept strictly confidential by all medical personnel 31 involved in the testing and must be personally delivered in a 32 sealed envelope to the judge of the court in which the 33 conviction was entered for the judge's inspection in camera. 34 Acting in accordance with the best interests of the public, HB3091 Enrolled -13- LRB093 08195 LRD 08402 b 1 the judge shall have the discretion to determine to whom, if 2 anyone, the results of the testing may be revealed. The court 3 shall notify the defendant of a positive test showing an 4 infection with the human immunodeficiency virus (HIV). The 5 court shall provide information on the availability of HIV 6 testing and counseling at Department of Public Health 7 facilities to all parties to whom the results of the testing 8 are revealed and shall direct the State's Attorney to provide 9 the information to the victim when possible. A State's 10 Attorney may petition the court to obtain the results of any 11 HIV test administered under this Section, and the court 12 shall grant the disclosure if the State's Attorney shows it 13 is relevant in order to prosecute a charge of criminal 14 transmission of HIV under Section 12-16.2 of the Criminal 15 Code of 1961 against the defendant. The court shall order 16 that the cost of any such test shall be paid by the county 17 and may be taxed as costs against the convicted defendant. 18 (i) All fines and penalties imposed under this Section 19 for any violation of Chapters 3, 4, 6, and 11 of the Illinois 20 Vehicle Code, or a similar provision of a local ordinance, 21 and any violation of the Child Passenger Protection Act, or a 22 similar provision of a local ordinance, shall be collected 23 and disbursed by the circuit clerk as provided under Section 24 27.5 of the Clerks of Courts Act. 25 (j) In cases when prosecution for any violation of 26 Section 11-6, 11-8, 11-9, 11-11, 11-14, 11-15, 11-15.1, 27 11-16, 11-17, 11-17.1, 11-18, 11-18.1, 11-19, 11-19.1, 28 11-19.2, 11-20.1, 11-21, 12-13, 12-14, 12-14.1, 12-15, or 29 12-16 of the Criminal Code of 1961, any violation of the 30 Illinois Controlled Substances Act, or any violation of the 31 Cannabis Control Act results in conviction, a disposition of 32 court supervision, or an order of probation granted under 33 Section 10 of the Cannabis Control Act or Section 410 of the 34 Illinois Controlled Substance Act of a defendant, the court HB3091 Enrolled -14- LRB093 08195 LRD 08402 b 1 shall determine whether the defendant is employed by a 2 facility or center as defined under the Child Care Act of 3 1969, a public or private elementary or secondary school, or 4 otherwise works with children under 18 years of age on a 5 daily basis. When a defendant is so employed, the court 6 shall order the Clerk of the Court to send a copy of the 7 judgment of conviction or order of supervision or probation 8 to the defendant's employer by certified mail. If the 9 employer of the defendant is a school, the Clerk of the Court 10 shall direct the mailing of a copy of the judgment of 11 conviction or order of supervision or probation to the 12 appropriate regional superintendent of schools. The regional 13 superintendent of schools shall notify the State Board of 14 Education of any notification under this subsection. 15 (j-5) A defendant at least 17 years of age who is 16 convicted of a felony and who has not been previously 17 convicted of a misdemeanor or felony and who is sentenced to 18 a term of imprisonment in the Illinois Department of 19 Corrections shall as a condition of his or her sentence be 20 required by the court to attend educational courses designed 21 to prepare the defendant for a high school diploma and to 22 work toward a high school diploma or to work toward passing 23 the high school level Test of General Educational Development 24 (GED) or to work toward completing a vocational training 25 program offered by the Department of Corrections. If a 26 defendant fails to complete the educational training required 27 by his or her sentence during the term of incarceration, the 28 Prisoner Review Board shall, as a condition of mandatory 29 supervised release, require the defendant, at his or her own 30 expense, to pursue a course of study toward a high school 31 diploma or passage of the GED test. The Prisoner Review 32 Board shall revoke the mandatory supervised release of a 33 defendant who wilfully fails to comply with this subsection 34 (j-5) upon his or her release from confinement in a penal HB3091 Enrolled -15- LRB093 08195 LRD 08402 b 1 institution while serving a mandatory supervised release 2 term; however, the inability of the defendant after making a 3 good faith effort to obtain financial aid or pay for the 4 educational training shall not be deemed a wilful failure to 5 comply. The Prisoner Review Board shall recommit the 6 defendant whose mandatory supervised release term has been 7 revoked under this subsection (j-5) as provided in Section 8 3-3-9. This subsection (j-5) does not apply to a defendant 9 who has a high school diploma or has successfully passed the 10 GED test. This subsection (j-5) does not apply to a defendant 11 who is determined by the court to be developmentally disabled 12 or otherwise mentally incapable of completing the educational 13 or vocational program. 14 (k) A court may not impose a sentence or disposition for 15 a felony or misdemeanor that requires the defendant to be 16 implanted or injected with or to use any form of birth 17 control. 18 (l) (A) Except as provided in paragraph (C) of 19 subsection (l), whenever a defendant, who is an alien as 20 defined by the Immigration and Nationality Act, is 21 convicted of any felony or misdemeanor offense, the court 22 after sentencing the defendant may, upon motion of the 23 State's Attorney, hold sentence in abeyance and remand 24 the defendant to the custody of the Attorney General of 25 the United States or his or her designated agent to be 26 deported when: 27 (1) a final order of deportation has been 28 issued against the defendant pursuant to proceedings 29 under the Immigration and Nationality Act, and 30 (2) the deportation of the defendant would not 31 deprecate the seriousness of the defendant's conduct 32 and would not be inconsistent with the ends of 33 justice. 34 Otherwise, the defendant shall be sentenced as HB3091 Enrolled -16- LRB093 08195 LRD 08402 b 1 provided in this Chapter V. 2 (B) If the defendant has already been sentenced for 3 a felony or misdemeanor offense, or has been placed on 4 probation under Section 10 of the Cannabis Control Act or 5 Section 410 of the Illinois Controlled Substances Act, 6 the court may, upon motion of the State's Attorney to 7 suspend the sentence imposed, commit the defendant to the 8 custody of the Attorney General of the United States or 9 his or her designated agent when: 10 (1) a final order of deportation has been 11 issued against the defendant pursuant to proceedings 12 under the Immigration and Nationality Act, and 13 (2) the deportation of the defendant would not 14 deprecate the seriousness of the defendant's conduct 15 and would not be inconsistent with the ends of 16 justice. 17 (C) This subsection (l) does not apply to offenders 18 who are subject to the provisions of paragraph (2) of 19 subsection (a) of Section 3-6-3. 20 (D) Upon motion of the State's Attorney, if a 21 defendant sentenced under this Section returns to the 22 jurisdiction of the United States, the defendant shall be 23 recommitted to the custody of the county from which he or 24 she was sentenced. Thereafter, the defendant shall be 25 brought before the sentencing court, which may impose any 26 sentence that was available under Section 5-5-3 at the 27 time of initial sentencing. In addition, the defendant 28 shall not be eligible for additional good conduct credit 29 for meritorious service as provided under Section 3-6-6. 30 (m) A person convicted of criminal defacement of 31 property under Section 21-1.3 of the Criminal Code of 1961, 32 in which the property damage exceeds $300 and the property 33 damaged is a school building, shall be ordered to perform 34 community service that may include cleanup, removal, or HB3091 Enrolled -17- LRB093 08195 LRD 08402 b 1 painting over the defacement. 2 (Source: P.A. 91-357, eff. 7-29-99; 91-404, eff. 1-1-00; 3 91-663, eff. 12-22-99; 91-695, eff. 4-13-00; 91-953, eff. 4 2-23-01; 92-183, eff. 7-27-01; 92-248, eff. 8-3-01; 92-283, 5 eff. 1-1-02; 92-340, eff. 8-10-01; 92-418, eff. 8-17-01; 6 92-422, eff. 8-17-01; 92-651, eff. 7-11-02; 92-698, eff. 7 7-19-02.) 8 (730 ILCS 5/5-8-1.1) (from Ch. 38, par. 1005-8-1.1) 9 Sec. 5-8-1.1. Impact incarceration. 10 (a) The Department may establish and operate an impact 11 incarceration program for eligible offenders. If the court 12 finds under Section 5-4-1 that an offender sentenced to a 13 term of imprisonment for a felony may meet the eligibility 14 requirements of the Department, the court may in its 15 sentencing order approve the offender for placement in the 16 impact incarceration program conditioned upon his acceptance 17 in the program by the Department. Notwithstanding the 18 sentencing provisions of this Code, the sentencing order also 19 shall provide that if the Department accepts the offender in 20 the program and determines that the offender has successfully 21 completed the impact incarceration program, the sentence 22 shall be reduced to time considered served upon certification 23 to the court by the Department that the offender has 24 successfully completed the program. In the event the 25 offender is not accepted for placement in the impact 26 incarceration program or the offender does not successfully 27 complete the program, his term of imprisonment shall be as 28 set forth by the court in its sentencing order. 29 (b) In order to be eligible to participate in the impact 30 incarceration program, the committed person shall meet all of 31 the following requirements: 32 (1) The person must be not less than 17 years of 33 age nor more than 35 years of age. HB3091 Enrolled -18- LRB093 08195 LRD 08402 b 1 (2) The person has not previously participated in 2 the impact incarceration program and has not previously 3 served more than one prior sentence of imprisonment for a 4 felony in an adult correctional facility. 5 (3) The person has not been convicted of a Class X 6 felony, first or second degree murder, armed violence, 7 aggravated kidnapping, criminal sexual assault, 8 aggravated criminal sexual abuse or a subsequent 9 conviction for criminal sexual abuse, forcible detention, 10 residential arson, place of worship arson, or arson and 11 has not been convicted previously of any of those 12 offenses. 13 (4) The person has been sentenced to a term of 14 imprisonment of 8 years or less. 15 (5) The person must be physically able to 16 participate in strenuous physical activities or labor. 17 (6) The person must not have any mental disorder or 18 disability that would prevent participation in the impact 19 incarceration program. 20 (7) The person has consented in writing to 21 participation in the impact incarceration program and to 22 the terms and conditions thereof. 23 (8) The person was recommended and approved for 24 placement in the impact incarceration program in the 25 court's sentencing order. 26 The Department may also consider, among other matters, 27 whether the committed person has any outstanding detainers or 28 warrants, whether the committed person has a history of 29 escaping or absconding, whether participation in the impact 30 incarceration program may pose a risk to the safety or 31 security of any person and whether space is available. 32 (c) The impact incarceration program shall include, 33 among other matters, mandatory physical training and labor, 34 military formation and drills, regimented activities, HB3091 Enrolled -19- LRB093 08195 LRD 08402 b 1 uniformity of dress and appearance, education and counseling, 2 including drug counseling where appropriate. 3 (d) Privileges including visitation, commissary, receipt 4 and retention of property and publications and access to 5 television, radio and a library may be suspended or 6 restricted, notwithstanding provisions to the contrary in 7 this Code. 8 (e) Committed persons participating in the impact 9 incarceration program shall adhere to all Department rules 10 and all requirements of the program. Committed persons shall 11 be informed of rules of behavior and conduct. Disciplinary 12 procedures required by this Code or by Department rule are 13 not applicable except in those instances in which the 14 Department seeks to revoke good time. 15 (f) Participation in the impact incarceration program 16 shall be for a period of 120 to 180 days. The period of time 17 a committed person shall serve in the impact incarceration 18 program shall not be reduced by the accumulation of good 19 time. 20 (g) The committed person shall serve a term of mandatory 21 supervised release as set forth in subsection (d) of Section 22 5-8-1. 23 (h) A committed person may be removed from the program 24 for a violation of the terms or conditions of the program or 25 in the event he is for any reason unable to participate. The 26 Department shall promulgate rules and regulations governing 27 conduct which could result in removal from the program or in 28 a determination that the committed person has not 29 successfully completed the program. Committed persons shall 30 have access to such rules, which shall provide that a 31 committed person shall receive notice and have the 32 opportunity to appear before and address one or more hearing 33 officers. A committed person may be transferred to any of 34 the Department's facilities prior to the hearing. HB3091 Enrolled -20- LRB093 08195 LRD 08402 b 1 (i) The Department may terminate the impact 2 incarceration program at any time. 3 (j) The Department shall report to the Governor and the 4 General Assembly on or before September 30th of each year on 5 the impact incarceration program, including the composition 6 of the program by the offenders, by county of commitment, 7 sentence, age, offense and race. 8 (k) The Department of Corrections shall consider the 9 affirmative action plan approved by the Department of Human 10 Rights in hiring staff at the impact incarceration 11 facilities. The Department shall report to the Director of 12 Human Rights on or before April 1 of the year on the sex, 13 race and national origin of persons employed at each impact 14 incarceration facility. 15 (Source: P.A. 88-311; 88-674, eff. 12-14-94.) 16 (730 ILCS 5/5-9-1.12 new) 17 Sec. 5-9-1.12. Arson fines. 18 (a) In addition to any other penalty imposed, a fine of 19 $500 shall be imposed upon a person convicted of the offense 20 of arson, residential arson, or aggravated arson. 21 (b) The additional fine shall be assessed by the 22 court imposing sentence and shall be collected by the 23 Circuit Clerk in addition to the fine, if any, and costs in 24 the case. Each such additional fine shall be remitted by the 25 Circuit Clerk within one month after receipt to the State 26 Treasurer for deposit into the Fire Prevention Fund. 27 The Circuit Clerk shall retain 10% of such fine to cover 28 the costs incurred in administering and enforcing this 29 Section. The additional fine may not be considered a part of 30 the fine for purposes of any reduction in the fine for 31 time served either before or after sentencing. 32 (c) The moneys in the Fire Prevention Fund collected as 33 additional fines under this Section shall be distributed by HB3091 Enrolled -21- LRB093 08195 LRD 08402 b 1 the Office of the State Fire Marshal to the fire department 2 or fire protection district that suppressed or investigated 3 the fire that was set by the defendant and for which the 4 defendant was convicted of arson, residential arson, or 5 aggravated arson. If more than one fire department or fire 6 protection district suppressed or investigated the fire, the 7 additional fine shall be distributed equally among those 8 departments or districts. 9 (d) The moneys distributed to the fire departments or 10 fire protection districts under this Section may only be used 11 to purchase fire suppression or fire investigation equipment. 12 Section 99. Effective date. This Act takes effect upon 13 becoming law.