093_HB3387enr HB3387 Enrolled LRB093 07217 RLC 12032 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 Unified Code of Corrections is amended by 5 changing Section 5-5-3 as follows: 6 (730 ILCS 5/5-5-3) (from Ch. 38, par. 1005-5-3) 7 Sec. 5-5-3. Disposition. 8 (a) Every person convicted of an offense shall be 9 sentenced as provided in this Section. 10 (b) The following options shall be appropriate 11 dispositions, alone or in combination, for all felonies and 12 misdemeanors other than those identified in subsection (c) of 13 this Section: 14 (1) A period of probation. 15 (2) A term of periodic imprisonment. 16 (3) A term of conditional discharge. 17 (4) A term of imprisonment. 18 (5) An order directing the offender to clean up and 19 repair the damage, if the offender was convicted under 20 paragraph (h) of Section 21-1 of the Criminal Code of 21 1961. 22 (6) A fine. 23 (7) An order directing the offender to make 24 restitution to the victim under Section 5-5-6 of this 25 Code. 26 (8) A sentence of participation in a county impact 27 incarceration program under Section 5-8-1.2 of this Code. 28 Whenever an individual is sentenced for an offense based 29 upon an arrest for a violation of Section 11-501 of the 30 Illinois Vehicle Code, or a similar provision of a local 31 ordinance, and the professional evaluation recommends HB3387 Enrolled -2- LRB093 07217 RLC 12032 b 1 remedial or rehabilitative treatment or education, neither 2 the treatment nor the education shall be the sole disposition 3 and either or both may be imposed only in conjunction with 4 another disposition. The court shall monitor compliance with 5 any remedial education or treatment recommendations contained 6 in the professional evaluation. Programs conducting alcohol 7 or other drug evaluation or remedial education must be 8 licensed by the Department of Human Services. However, if 9 the individual is not a resident of Illinois, the court may 10 accept an alcohol or other drug evaluation or remedial 11 education program in the state of such individual's 12 residence. Programs providing treatment must be licensed 13 under existing applicable alcoholism and drug treatment 14 licensure standards. 15 In addition to any other fine or penalty required by law, 16 any individual convicted of a violation of Section 11-501 of 17 the Illinois Vehicle Code or a similar provision of local 18 ordinance, whose operation of a motor vehicle while in 19 violation of Section 11-501 or such ordinance proximately 20 caused an incident resulting in an appropriate emergency 21 response, shall be required to make restitution to a public 22 agency for the costs of that emergency response. Such 23 restitution shall not exceed $500 per public agency for each 24 such emergency response. For the purpose of this paragraph, 25 emergency response shall mean any incident requiring a 26 response by: a police officer as defined under Section 1-162 27 of the Illinois Vehicle Code; a fireman carried on the rolls 28 of a regularly constituted fire department; and an ambulance 29 as defined under Section 4.05 of the Emergency Medical 30 Services (EMS) Systems Act. 31 Neither a fine nor restitution shall be the sole 32 disposition for a felony and either or both may be imposed 33 only in conjunction with another disposition. 34 (c) (1) When a defendant is found guilty of first degree HB3387 Enrolled -3- LRB093 07217 RLC 12032 b 1 murder the State may either seek a sentence of 2 imprisonment under Section 5-8-1 of this Code, or where 3 appropriate seek a sentence of death under Section 9-1 of 4 the Criminal Code of 1961. 5 (2) A period of probation, a term of periodic 6 imprisonment or conditional discharge shall not be 7 imposed for the following offenses. The court shall 8 sentence the offender to not less than the minimum term 9 of imprisonment set forth in this Code for the following 10 offenses, and may order a fine or restitution or both in 11 conjunction with such term of imprisonment: 12 (A) First degree murder where the death 13 penalty is not imposed. 14 (B) Attempted first degree murder. 15 (C) A Class X felony. 16 (D) A violation of Section 401.1 or 407 of the 17 Illinois Controlled Substances Act, or a violation 18 of subdivision (c)(1) or (c)(2) of Section 401 of 19 that Act which relates to more than 5 grams of a 20 substance containing heroin or cocaine or an analog 21 thereof. 22 (E) A violation of Section 5.1 or 9 of the 23 Cannabis Control Act. 24 (F) A Class 2 or greater felony if the 25 offender had been convicted of a Class 2 or greater 26 felony within 10 years of the date on which the 27 offender committed the offense for which he or she 28 is being sentenced, except as otherwise provided in 29 Section 40-10 of the Alcoholism and Other Drug Abuse 30 and Dependency Act. 31 (G) Residential burglary, except as otherwise 32 provided in Section 40-10 of the Alcoholism and 33 Other Drug Abuse and Dependency Act. 34 (H) Criminal sexual assault, except as HB3387 Enrolled -4- LRB093 07217 RLC 12032 b 1 otherwise provided in subsection (e) of this 2 Section. 3 (I) Aggravated battery of a senior citizen. 4 (J) A forcible felony if the offense was 5 related to the activities of an organized gang. 6 Before July 1, 1994, for the purposes of this 7 paragraph, "organized gang" means an association of 8 5 or more persons, with an established hierarchy, 9 that encourages members of the association to 10 perpetrate crimes or provides support to the members 11 of the association who do commit crimes. 12 Beginning July 1, 1994, for the purposes of 13 this paragraph, "organized gang" has the meaning 14 ascribed to it in Section 10 of the Illinois 15 Streetgang Terrorism Omnibus Prevention Act. 16 (K) Vehicular hijacking. 17 (L) A second or subsequent conviction for the 18 offense of hate crime when the underlying offense 19 upon which the hate crime is based is felony 20 aggravated assault or felony mob action. 21 (M) A second or subsequent conviction for the 22 offense of institutional vandalism if the damage to 23 the property exceeds $300. 24 (N) A Class 3 felony violation of paragraph 25 (1) of subsection (a) of Section 2 of the Firearm 26 Owners Identification Card Act. 27 (O) A violation of Section 12-6.1 of the 28 Criminal Code of 1961. 29 (P) A violation of paragraph (1), (2), (3), 30 (4), (5), or (7) of subsection (a) of Section 31 11-20.1 of the Criminal Code of 1961. 32 (Q) A violation of Section 20-1.2 of the 33 Criminal Code of 1961. 34 (R) A violation of Section 24-3A of the HB3387 Enrolled -5- LRB093 07217 RLC 12032 b 1 Criminal Code of 1961. 2 (S) A violation of Section 11-501(c-1)(3) of 3 the Illinois Vehicle Code. 4 (T) A second or subsequent violation of 5 paragraph (6.6) of subsection (a), subsection (c-5), 6 or subsection (d-5) of Section 401 of the Illinois 7 Controlled Substances Act. 8 (3) A minimum term of imprisonment of not less than 9 5 days or 30 days of community service as may be 10 determined by the court shall be imposed for a second 11 violation committed within 5 years of a previous 12 violation of Section 11-501 of the Illinois Vehicle Code 13 or a similar provision of a local ordinance. In the case 14 of a third or subsequent violation committed within 5 15 years of a previous violation of Section 11-501 of the 16 Illinois Vehicle Code or a similar provision of a local 17 ordinance, a minimum term of either 10 days of 18 imprisonment or 60 days of community service shall be 19 imposed. 20 (4) A minimum term of imprisonment of not less than 21 10 consecutive days or 30 days of community service shall 22 be imposed for a violation of paragraph (c) of Section 23 6-303 of the Illinois Vehicle Code. 24 (4.1) A minimum term of 30 consecutive days of 25 imprisonment, 40 days of 24 hour periodic imprisonment or 26 720 hours of community service, as may be determined by 27 the court, shall be imposed for a violation of Section 28 11-501 of the Illinois Vehicle Code during a period in 29 which the defendant's driving privileges are revoked or 30 suspended, where the revocation or suspension was for a 31 violation of Section 11-501 or Section 11-501.1 of that 32 Code. 33 (4.2) Except as provided in paragraph (4.3) of this 34 subsection (c), a minimum of 100 hours of community HB3387 Enrolled -6- LRB093 07217 RLC 12032 b 1 service shall be imposed for a second violation of 2 Section 6-303 of the Illinois Vehicle Code. 3 (4.3) A minimum term of imprisonment of 30 days or 4 300 hours of community service, as determined by the 5 court, shall be imposed for a second violation of 6 subsection (c) of Section 6-303 of the Illinois Vehicle 7 Code. 8 (4.4) Except as provided in paragraph (4.5) and 9 paragraph (4.6) of this subsection (c), a minimum term of 10 imprisonment of 30 days or 300 hours of community 11 service, as determined by the court, shall be imposed for 12 a third or subsequent violation of Section 6-303 of the 13 Illinois Vehicle Code. 14 (4.5) A minimum term of imprisonment of 30 days 15 shall be imposed for a third violation of subsection (c) 16 of Section 6-303 of the Illinois Vehicle Code. 17 (4.6) A minimum term of imprisonment of 180 days 18 shall be imposed for a fourth or subsequent violation of 19 subsection (c) of Section 6-303 of the Illinois Vehicle 20 Code. 21 (5) The court may sentence an offender convicted of 22 a business offense or a petty offense or a corporation or 23 unincorporated association convicted of any offense to: 24 (A) a period of conditional discharge; 25 (B) a fine; 26 (C) make restitution to the victim under 27 Section 5-5-6 of this Code. 28 (5.1) In addition to any penalties imposed under 29 paragraph (5) of this subsection (c), and except as 30 provided in paragraph (5.2) or (5.3), a person convicted 31 of violating subsection (c) of Section 11-907 of the 32 Illinois Vehicle Code shall have his or her driver's 33 license, permit, or privileges suspended for at least 90 34 days but not more than one year, if the violation HB3387 Enrolled -7- LRB093 07217 RLC 12032 b 1 resulted in damage to the property of another person. 2 (5.2) In addition to any penalties imposed under 3 paragraph (5) of this subsection (c), and except as 4 provided in paragraph (5.3), a person convicted of 5 violating subsection (c) of Section 11-907 of the 6 Illinois Vehicle Code shall have his or her driver's 7 license, permit, or privileges suspended for at least 180 8 days but not more than 2 years, if the violation resulted 9 in injury to another person. 10 (5.3) In addition to any penalties imposed under 11 paragraph (5) of this subsection (c), a person convicted 12 of violating subsection (c) of Section 11-907 of the 13 Illinois Vehicle Code shall have his or her driver's 14 license, permit, or privileges suspended for 2 years, if 15 the violation resulted in the death of another person. 16 (6) In no case shall an offender be eligible for a 17 disposition of probation or conditional discharge for a 18 Class 1 felony committed while he was serving a term of 19 probation or conditional discharge for a felony. 20 (7) When a defendant is adjudged a habitual 21 criminal under Article 33B of the Criminal Code of 1961, 22 the court shall sentence the defendant to a term of 23 natural life imprisonment. 24 (8) When a defendant, over the age of 21 years, is 25 convicted of a Class 1 or Class 2 felony, after having 26 twice been convicted in any state or federal court of an 27 offense that contains the same elements as an offense now 28 classified in Illinois as a Class 2 or greater Class 29 felony and such charges are separately brought and tried 30 and arise out of different series of acts, such defendant 31 shall be sentenced as a Class X offender. This paragraph 32 shall not apply unless (1) the first felony was committed 33 after the effective date of this amendatory Act of 1977; 34 and (2) the second felony was committed after conviction HB3387 Enrolled -8- LRB093 07217 RLC 12032 b 1 on the first; and (3) the third felony was committed 2 after conviction on the second. A person sentenced as a 3 Class X offender under this paragraph is not eligible to 4 apply for treatment as a condition of probation as 5 provided by Section 40-10 of the Alcoholism and Other 6 Drug Abuse and Dependency Act. 7 (9) A defendant convicted of a second or subsequent 8 offense of ritualized abuse of a child may be sentenced 9 to a term of natural life imprisonment. 10 (10) When a person is convicted of violating 11 Section 11-501 of the Illinois Vehicle Code or a similar 12 provision of a local ordinance, the following penalties 13 apply when his or her blood, breath, or urine was .16 or 14 more based on the definition of blood, breath, or urine 15 units in Section 11-501.2 or that person is convicted of 16 violating Section 11-501 of the Illinois Vehicle Code 17 while transporting a child under the age of 16: 18 (A) For a first violation of subsection (a) of 19 Section 11-501, in addition to any other penalty 20 that may be imposed under subsection (c) of Section 21 11-501: a mandatory minimum of 100 hours of 22 community service and a minimum fine of $500. 23 (B) For a second violation of subsection (a) 24 of Section 11-501, in addition to any other penalty 25 that may be imposed under subsection (c) of Section 26 11-501 within 10 years: a mandatory minimum of 2 27 days of imprisonment and a minimum fine of $1,250. 28 (C) For a third violation of subsection (a) of 29 Section 11-501, in addition to any other penalty 30 that may be imposed under subsection (c) of Section 31 11-501 within 20 years: a mandatory minimum of 90 32 days of imprisonment and a minimum fine of $2,500. 33 (D) For a fourth or subsequent violation of 34 subsection (a) of Section 11-501: ineligibility for HB3387 Enrolled -9- LRB093 07217 RLC 12032 b 1 a sentence of probation or conditional discharge and 2 a minimum fine of $2,500. 3 (d) In any case in which a sentence originally imposed 4 is vacated, the case shall be remanded to the trial court. 5 The trial court shall hold a hearing under Section 5-4-1 of 6 the Unified Code of Corrections which may include evidence of 7 the defendant's life, moral character and occupation during 8 the time since the original sentence was passed. The trial 9 court shall then impose sentence upon the defendant. The 10 trial court may impose any sentence which could have been 11 imposed at the original trial subject to Section 5-5-4 of the 12 Unified Code of Corrections. If a sentence is vacated on 13 appeal or on collateral attack due to the failure of the 14 trier of fact at trial to determine beyond a reasonable doubt 15 the existence of a fact (other than a prior conviction) 16 necessary to increase the punishment for the offense beyond 17 the statutory maximum otherwise applicable, either the 18 defendant may be re-sentenced to a term within the range 19 otherwise provided or, if the State files notice of its 20 intention to again seek the extended sentence, the defendant 21 shall be afforded a new trial. 22 (e) In cases where prosecution for criminal sexual 23 assault or aggravated criminal sexual abuse under Section 24 12-13 or 12-16 of the Criminal Code of 1961 results in 25 conviction of a defendant who was a family member of the 26 victim at the time of the commission of the offense, the 27 court shall consider the safety and welfare of the victim and 28 may impose a sentence of probation only where: 29 (1) the court finds (A) or (B) or both are 30 appropriate: 31 (A) the defendant is willing to undergo a 32 court approved counseling program for a minimum 33 duration of 2 years; or 34 (B) the defendant is willing to participate in HB3387 Enrolled -10- LRB093 07217 RLC 12032 b 1 a court approved plan including but not limited to 2 the defendant's: 3 (i) removal from the household; 4 (ii) restricted contact with the victim; 5 (iii) continued financial support of the 6 family; 7 (iv) restitution for harm done to the 8 victim; and 9 (v) compliance with any other measures 10 that the court may deem appropriate; and 11 (2) the court orders the defendant to pay for the 12 victim's counseling services, to the extent that the 13 court finds, after considering the defendant's income and 14 assets, that the defendant is financially capable of 15 paying for such services, if the victim was under 18 16 years of age at the time the offense was committed and 17 requires counseling as a result of the offense. 18 Probation may be revoked or modified pursuant to Section 19 5-6-4; except where the court determines at the hearing that 20 the defendant violated a condition of his or her probation 21 restricting contact with the victim or other family members 22 or commits another offense with the victim or other family 23 members, the court shall revoke the defendant's probation and 24 impose a term of imprisonment. 25 For the purposes of this Section, "family member" and 26 "victim" shall have the meanings ascribed to them in Section 27 12-12 of the Criminal Code of 1961. 28 (f) This Article shall not deprive a court in other 29 proceedings to order a forfeiture of property, to suspend or 30 cancel a license, to remove a person from office, or to 31 impose any other civil penalty. 32 (g) Whenever a defendant is convicted of an offense 33 under Sections 11-14, 11-15, 11-15.1, 11-16, 11-17, 11-18, 34 11-18.1, 11-19, 11-19.1, 11-19.2, 12-13, 12-14, 12-14.1, HB3387 Enrolled -11- LRB093 07217 RLC 12032 b 1 12-15 or 12-16 of the Criminal Code of 1961, the defendant 2 shall undergo medical testing to determine whether the 3 defendant has any sexually transmissible disease, including a 4 test for infection with human immunodeficiency virus (HIV) or 5 any other identified causative agent of acquired 6 immunodeficiency syndrome (AIDS). Any such medical test 7 shall be performed only by appropriately licensed medical 8 practitioners and may include an analysis of any bodily 9 fluids as well as an examination of the defendant's person. 10 Except as otherwise provided by law, the results of such test 11 shall be kept strictly confidential by all medical personnel 12 involved in the testing and must be personally delivered in a 13 sealed envelope to the judge of the court in which the 14 conviction was entered for the judge's inspection in camera. 15 Acting in accordance with the best interests of the victim 16 and the public, the judge shall have the discretion to 17 determine to whom, if anyone, the results of the testing may 18 be revealed. The court shall notify the defendant of the test 19 results. The court shall also notify the victim if requested 20 by the victim, and if the victim is under the age of 15 and 21 if requested by the victim's parents or legal guardian, the 22 court shall notify the victim's parents or legal guardian of 23 the test results. The court shall provide information on the 24 availability of HIV testing and counseling at Department of 25 Public Health facilities to all parties to whom the results 26 of the testing are revealed and shall direct the State's 27 Attorney to provide the information to the victim when 28 possible. A State's Attorney may petition the court to obtain 29 the results of any HIV test administered under this Section, 30 and the court shall grant the disclosure if the State's 31 Attorney shows it is relevant in order to prosecute a charge 32 of criminal transmission of HIV under Section 12-16.2 of the 33 Criminal Code of 1961 against the defendant. The court shall 34 order that the cost of any such test shall be paid by the HB3387 Enrolled -12- LRB093 07217 RLC 12032 b 1 county and may be taxed as costs against the convicted 2 defendant. 3 (g-5) When an inmate is tested for an airborne 4 communicable disease, as determined by the Illinois 5 Department of Public Health including but not limited to 6 tuberculosis, the results of the test shall be personally 7 delivered by the warden or his or her designee in a sealed 8 envelope to the judge of the court in which the inmate must 9 appear for the judge's inspection in camera if requested by 10 the judge. Acting in accordance with the best interests of 11 those in the courtroom, the judge shall have the discretion 12 to determine what if any precautions need to be taken to 13 prevent transmission of the disease in the courtroom. 14 (h) Whenever a defendant is convicted of an offense 15 under Section 1 or 2 of the Hypodermic Syringes and Needles 16 Act, the defendant shall undergo medical testing to determine 17 whether the defendant has been exposed to human 18 immunodeficiency virus (HIV) or any other identified 19 causative agent of acquired immunodeficiency syndrome (AIDS). 20 Except as otherwise provided by law, the results of such test 21 shall be kept strictly confidential by all medical personnel 22 involved in the testing and must be personally delivered in a 23 sealed envelope to the judge of the court in which the 24 conviction was entered for the judge's inspection in camera. 25 Acting in accordance with the best interests of the public, 26 the judge shall have the discretion to determine to whom, if 27 anyone, the results of the testing may be revealed. The court 28 shall notify the defendant of a positive test showing an 29 infection with the human immunodeficiency virus (HIV). The 30 court shall provide information on the availability of HIV 31 testing and counseling at Department of Public Health 32 facilities to all parties to whom the results of the testing 33 are revealed and shall direct the State's Attorney to provide 34 the information to the victim when possible. A State's HB3387 Enrolled -13- LRB093 07217 RLC 12032 b 1 Attorney may petition the court to obtain the results of any 2 HIV test administered under this Section, and the court 3 shall grant the disclosure if the State's Attorney shows it 4 is relevant in order to prosecute a charge of criminal 5 transmission of HIV under Section 12-16.2 of the Criminal 6 Code of 1961 against the defendant. The court shall order 7 that the cost of any such test shall be paid by the county 8 and may be taxed as costs against the convicted defendant. 9 (i) All fines and penalties imposed under this Section 10 for any violation of Chapters 3, 4, 6, and 11 of the Illinois 11 Vehicle Code, or a similar provision of a local ordinance, 12 and any violation of the Child Passenger Protection Act, or a 13 similar provision of a local ordinance, shall be collected 14 and disbursed by the circuit clerk as provided under Section 15 27.5 of the Clerks of Courts Act. 16 (j) In cases when prosecution for any violation of 17 Section 11-6, 11-8, 11-9, 11-11, 11-14, 11-15, 11-15.1, 18 11-16, 11-17, 11-17.1, 11-18, 11-18.1, 11-19, 11-19.1, 19 11-19.2, 11-20.1, 11-21, 12-13, 12-14, 12-14.1, 12-15, or 20 12-16 of the Criminal Code of 1961, any violation of the 21 Illinois Controlled Substances Act, or any violation of the 22 Cannabis Control Act results in conviction, a disposition of 23 court supervision, or an order of probation granted under 24 Section 10 of the Cannabis Control Act or Section 410 of the 25 Illinois Controlled Substance Act of a defendant, the court 26 shall determine whether the defendant is employed by a 27 facility or center as defined under the Child Care Act of 28 1969, a public or private elementary or secondary school, or 29 otherwise works with children under 18 years of age on a 30 daily basis. When a defendant is so employed, the court 31 shall order the Clerk of the Court to send a copy of the 32 judgment of conviction or order of supervision or probation 33 to the defendant's employer by certified mail. If the 34 employer of the defendant is a school, the Clerk of the Court HB3387 Enrolled -14- LRB093 07217 RLC 12032 b 1 shall direct the mailing of a copy of the judgment of 2 conviction or order of supervision or probation to the 3 appropriate regional superintendent of schools. The regional 4 superintendent of schools shall notify the State Board of 5 Education of any notification under this subsection. 6 (j-5) A defendant at least 17 years of age who is 7 convicted of a felony and who has not been previously 8 convicted of a misdemeanor or felony and who is sentenced to 9 a term of imprisonment in the Illinois Department of 10 Corrections shall as a condition of his or her sentence be 11 required by the court to attend educational courses designed 12 to prepare the defendant for a high school diploma and to 13 work toward a high school diploma or to work toward passing 14 the high school level Test of General Educational Development 15 (GED) or to work toward completing a vocational training 16 program offered by the Department of Corrections. If a 17 defendant fails to complete the educational training required 18 by his or her sentence during the term of incarceration, the 19 Prisoner Review Board shall, as a condition of mandatory 20 supervised release, require the defendant, at his or her own 21 expense, to pursue a course of study toward a high school 22 diploma or passage of the GED test. The Prisoner Review 23 Board shall revoke the mandatory supervised release of a 24 defendant who wilfully fails to comply with this subsection 25 (j-5) upon his or her release from confinement in a penal 26 institution while serving a mandatory supervised release 27 term; however, the inability of the defendant after making a 28 good faith effort to obtain financial aid or pay for the 29 educational training shall not be deemed a wilful failure to 30 comply. The Prisoner Review Board shall recommit the 31 defendant whose mandatory supervised release term has been 32 revoked under this subsection (j-5) as provided in Section 33 3-3-9. This subsection (j-5) does not apply to a defendant 34 who has a high school diploma or has successfully passed the HB3387 Enrolled -15- LRB093 07217 RLC 12032 b 1 GED test. This subsection (j-5) does not apply to a defendant 2 who is determined by the court to be developmentally disabled 3 or otherwise mentally incapable of completing the educational 4 or vocational program. 5 (k) A court may not impose a sentence or disposition for 6 a felony or misdemeanor that requires the defendant to be 7 implanted or injected with or to use any form of birth 8 control. 9 (l) (A) Except as provided in paragraph (C) of 10 subsection (l), whenever a defendant, who is an alien as 11 defined by the Immigration and Nationality Act, is 12 convicted of any felony or misdemeanor offense, the court 13 after sentencing the defendant may, upon motion of the 14 State's Attorney, hold sentence in abeyance and remand 15 the defendant to the custody of the Attorney General of 16 the United States or his or her designated agent to be 17 deported when: 18 (1) a final order of deportation has been 19 issued against the defendant pursuant to proceedings 20 under the Immigration and Nationality Act, and 21 (2) the deportation of the defendant would not 22 deprecate the seriousness of the defendant's conduct 23 and would not be inconsistent with the ends of 24 justice. 25 Otherwise, the defendant shall be sentenced as 26 provided in this Chapter V. 27 (B) If the defendant has already been sentenced for 28 a felony or misdemeanor offense, or has been placed on 29 probation under Section 10 of the Cannabis Control Act or 30 Section 410 of the Illinois Controlled Substances Act, 31 the court may, upon motion of the State's Attorney to 32 suspend the sentence imposed, commit the defendant to the 33 custody of the Attorney General of the United States or 34 his or her designated agent when: HB3387 Enrolled -16- LRB093 07217 RLC 12032 b 1 (1) a final order of deportation has been 2 issued against the defendant pursuant to proceedings 3 under the Immigration and Nationality Act, and 4 (2) the deportation of the defendant would not 5 deprecate the seriousness of the defendant's conduct 6 and would not be inconsistent with the ends of 7 justice. 8 (C) This subsection (l) does not apply to offenders 9 who are subject to the provisions of paragraph (2) of 10 subsection (a) of Section 3-6-3. 11 (D) Upon motion of the State's Attorney, if a 12 defendant sentenced under this Section returns to the 13 jurisdiction of the United States, the defendant shall be 14 recommitted to the custody of the county from which he or 15 she was sentenced. Thereafter, the defendant shall be 16 brought before the sentencing court, which may impose any 17 sentence that was available under Section 5-5-3 at the 18 time of initial sentencing. In addition, the defendant 19 shall not be eligible for additional good conduct credit 20 for meritorious service as provided under Section 3-6-6. 21 (m) A person convicted of criminal defacement of 22 property under Section 21-1.3 of the Criminal Code of 1961, 23 in which the property damage exceeds $300 and the property 24 damaged is a school building, shall be ordered to perform 25 community service that may include cleanup, removal, or 26 painting over the defacement. 27 (Source: P.A. 91-357, eff. 7-29-99; 91-404, eff. 1-1-00; 28 91-663, eff. 12-22-99; 91-695, eff. 4-13-00; 91-953, eff. 29 2-23-01; 92-183, eff. 7-27-01; 92-248, eff. 8-3-01; 92-283, 30 eff. 1-1-02; 92-340, eff. 8-10-01; 92-418, eff. 8-17-01; 31 92-422, eff. 8-17-01; 92-651, eff. 7-11-02; 92-698, eff. 32 7-19-02.)