99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
SB3375

 

Introduced 2/19/2016, by Sen. Don Harmon

 

SYNOPSIS AS INTRODUCED:
 
720 ILCS 5/24-3B new
730 ILCS 5/5-5-3  from Ch. 38, par. 1005-5-3

    Amends the Criminal Code of 2012. Creates the offense of firearms trafficking. Provides that a person commits the offense when he or she has not been issued a currently valid Firearm Owner's Identification Card and knowingly brings, or causes to be brought, into the State, a firearm or firearm ammunition, or both, for the purpose of sale, delivery, or transfer to any other person or with the intent to sell, deliver, or transfer the firearm or firearm ammunition to any other person. Provides that firearms trafficking is a Class 1 felony for which the person, if sentenced to a term of imprisonment, shall be sentenced to not less than 4 years and not more than 20 years. Provides that firearms trafficking by a person who has been previously convicted of firearms trafficking, gunrunning, or a felony offense for the unlawful sale, delivery, or transfer of a firearm or firearm ammunition in this State or another jurisdiction is a Class X felony. Amends the Unified Code of Corrections. Provides that a period of probation, a term of periodic imprisonment or conditional discharge shall not be imposed when the person has been found guilty of firearms trafficking involving both a firearm and firearm ammunition. Provides that the court shall sentence the offender to not less than the minimum term of imprisonment for the offense. Effective immediately.


LRB099 20795 RLC 45482 b

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

 

 

A BILL FOR

 

SB3375LRB099 20795 RLC 45482 b

1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Criminal Code of 2012 is amended by adding
5Section 24-3B as follows:
 
6    (720 ILCS 5/24-3B new)
7    Sec. 24-3B. Firearms trafficking.
8    (a) A person commits firearms trafficking when he or she
9has not been issued a currently valid Firearm Owner's
10Identification Card and knowingly:
11        (1) brings, or causes to be brought, into this State, a
12    firearm or firearm ammunition for the purpose of sale,
13    delivery, or transfer to any other person or with the
14    intent to sell, deliver, or transfer the firearm or firearm
15    ammunition to any other person; or
16        (2) brings, or causes to be brought, into this State, a
17    firearm and firearm ammunition for the purpose of sale,
18    delivery, or transfer to any other person or with the
19    intent to sell, deliver, or transfer the firearm and
20    firearm ammunition to any other person.
21    (b) Sentence.
22        (1) Firearms trafficking is a Class 1 felony for which
23    the person, if sentenced to a term of imprisonment, shall

 

 

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1    be sentenced to not less than 4 years and not more than 20
2    years.
3        (2) Firearms trafficking by a person who has been
4    previously convicted of firearms trafficking, gunrunning,
5    or a felony offense for the unlawful sale, delivery, or
6    transfer of a firearm or firearm ammunition in this State
7    or another jurisdiction is a Class X felony.
 
8    Section 10. The Unified Code of Corrections is amended by
9changing Section 5-5-3 as follows:
 
10    (730 ILCS 5/5-5-3)  (from Ch. 38, par. 1005-5-3)
11    Sec. 5-5-3. Disposition.
12    (a) (Blank).
13    (b) (Blank).
14    (c) (1) (Blank).
15    (2) A period of probation, a term of periodic imprisonment
16or conditional discharge shall not be imposed for the following
17offenses. The court shall sentence the offender to not less
18than the minimum term of imprisonment set forth in this Code
19for the following offenses, and may order a fine or restitution
20or both in conjunction with such term of imprisonment:
21        (A) First degree murder where the death penalty is not
22    imposed.
23        (B) Attempted first degree murder.
24        (C) A Class X felony.

 

 

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1        (D) A violation of Section 401.1 or 407 of the Illinois
2    Controlled Substances Act, or a violation of subdivision
3    (c)(1.5) or (c)(2) of Section 401 of that Act which relates
4    to more than 5 grams of a substance containing cocaine,
5    fentanyl, or an analog thereof.
6        (D-5) A violation of subdivision (c)(1) of Section 401
7    of the Illinois Controlled Substances Act which relates to
8    3 or more grams of a substance containing heroin or an
9    analog thereof.
10        (E) A violation of Section 5.1 or 9 of the Cannabis
11    Control Act.
12        (F) A Class 2 or greater felony if the offender had
13    been convicted of a Class 2 or greater felony, including
14    any state or federal conviction for an offense that
15    contained, at the time it was committed, the same elements
16    as an offense now (the date of the offense committed after
17    the prior Class 2 or greater felony) classified as a Class
18    2 or greater felony, within 10 years of the date on which
19    the offender committed the offense for which he or she is
20    being sentenced, except as otherwise provided in Section
21    40-10 of the Alcoholism and Other Drug Abuse and Dependency
22    Act.
23        (F-5) A violation of Section 24-1, 24-1.1, or 24-1.6 of
24    the Criminal Code of 1961 or the Criminal Code of 2012 for
25    which imprisonment is prescribed in those Sections.
26        (G) Residential burglary, except as otherwise provided

 

 

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1    in Section 40-10 of the Alcoholism and Other Drug Abuse and
2    Dependency Act.
3        (H) Criminal sexual assault.
4        (I) Aggravated battery of a senior citizen as described
5    in Section 12-4.6 or subdivision (a)(4) of Section 12-3.05
6    of the Criminal Code of 1961 or the Criminal Code of 2012.
7        (J) A forcible felony if the offense was related to the
8    activities of an organized gang.
9        Before July 1, 1994, for the purposes of this
10    paragraph, "organized gang" means an association of 5 or
11    more persons, with an established hierarchy, that
12    encourages members of the association to perpetrate crimes
13    or provides support to the members of the association who
14    do commit crimes.
15        Beginning July 1, 1994, for the purposes of this
16    paragraph, "organized gang" has the meaning ascribed to it
17    in Section 10 of the Illinois Streetgang Terrorism Omnibus
18    Prevention Act.
19        (K) Vehicular hijacking.
20        (L) A second or subsequent conviction for the offense
21    of hate crime when the underlying offense upon which the
22    hate crime is based is felony aggravated assault or felony
23    mob action.
24        (M) A second or subsequent conviction for the offense
25    of institutional vandalism if the damage to the property
26    exceeds $300.

 

 

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1        (N) A Class 3 felony violation of paragraph (1) of
2    subsection (a) of Section 2 of the Firearm Owners
3    Identification Card Act.
4        (O) A violation of Section 12-6.1 or 12-6.5 of the
5    Criminal Code of 1961 or the Criminal Code of 2012.
6        (P) A violation of paragraph (1), (2), (3), (4), (5),
7    or (7) of subsection (a) of Section 11-20.1 of the Criminal
8    Code of 1961 or the Criminal Code of 2012.
9        (Q) A violation of subsection (b) or (b-5) of Section
10    20-1, Section 20-1.2, or Section 20-1.3 of the Criminal
11    Code of 1961 or the Criminal Code of 2012.
12        (R) A violation of Section 24-3A of the Criminal Code
13    of 1961 or the Criminal Code of 2012.
14        (S) (Blank).
15        (T) A second or subsequent violation of the
16    Methamphetamine Control and Community Protection Act.
17        (U) A second or subsequent violation of Section 6-303
18    of the Illinois Vehicle Code committed while his or her
19    driver's license, permit, or privilege was revoked because
20    of a violation of Section 9-3 of the Criminal Code of 1961
21    or the Criminal Code of 2012, relating to the offense of
22    reckless homicide, or a similar provision of a law of
23    another state.
24        (V) A violation of paragraph (4) of subsection (c) of
25    Section 11-20.1B or paragraph (4) of subsection (c) of
26    Section 11-20.3 of the Criminal Code of 1961, or paragraph

 

 

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1    (6) of subsection (a) of Section 11-20.1 of the Criminal
2    Code of 2012 when the victim is under 13 years of age and
3    the defendant has previously been convicted under the laws
4    of this State or any other state of the offense of child
5    pornography, aggravated child pornography, aggravated
6    criminal sexual abuse, aggravated criminal sexual assault,
7    predatory criminal sexual assault of a child, or any of the
8    offenses formerly known as rape, deviate sexual assault,
9    indecent liberties with a child, or aggravated indecent
10    liberties with a child where the victim was under the age
11    of 18 years or an offense that is substantially equivalent
12    to those offenses.
13        (W) A violation of Section 24-3.5 of the Criminal Code
14    of 1961 or the Criminal Code of 2012.
15        (X) A violation of subsection (a) of Section 31-1a of
16    the Criminal Code of 1961 or the Criminal Code of 2012.
17        (Y) A conviction for unlawful possession of a firearm
18    by a street gang member when the firearm was loaded or
19    contained firearm ammunition.
20        (Z) A Class 1 felony committed while he or she was
21    serving a term of probation or conditional discharge for a
22    felony.
23        (AA) Theft of property exceeding $500,000 and not
24    exceeding $1,000,000 in value.
25        (BB) Laundering of criminally derived property of a
26    value exceeding $500,000.

 

 

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1        (CC) Knowingly selling, offering for sale, holding for
2    sale, or using 2,000 or more counterfeit items or
3    counterfeit items having a retail value in the aggregate of
4    $500,000 or more.
5        (DD) A conviction for aggravated assault under
6    paragraph (6) of subsection (c) of Section 12-2 of the
7    Criminal Code of 1961 or the Criminal Code of 2012 if the
8    firearm is aimed toward the person against whom the firearm
9    is being used.
10        (EE) A conviction for a violation of paragraph (2) of
11    subsection (a) of Section 24-3B of the Criminal Code of
12    2012.
13    (3) (Blank).
14    (4) A minimum term of imprisonment of not less than 10
15consecutive days or 30 days of community service shall be
16imposed for a violation of paragraph (c) of Section 6-303 of
17the Illinois Vehicle Code.
18    (4.1) (Blank).
19    (4.2) Except as provided in paragraphs (4.3) and (4.8) of
20this subsection (c), a minimum of 100 hours of community
21service shall be imposed for a second violation of Section
226-303 of the Illinois Vehicle Code.
23    (4.3) A minimum term of imprisonment of 30 days or 300
24hours of community service, as determined by the court, shall
25be imposed for a second violation of subsection (c) of Section
266-303 of the Illinois Vehicle Code.

 

 

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1    (4.4) Except as provided in paragraphs (4.5), (4.6), and
2(4.9) of this subsection (c), a minimum term of imprisonment of
330 days or 300 hours of community service, as determined by the
4court, shall be imposed for a third or subsequent violation of
5Section 6-303 of the Illinois Vehicle Code.
6    (4.5) A minimum term of imprisonment of 30 days shall be
7imposed for a third violation of subsection (c) of Section
86-303 of the Illinois Vehicle Code.
9    (4.6) Except as provided in paragraph (4.10) of this
10subsection (c), a minimum term of imprisonment of 180 days
11shall be imposed for a fourth or subsequent violation of
12subsection (c) of Section 6-303 of the Illinois Vehicle Code.
13    (4.7) A minimum term of imprisonment of not less than 30
14consecutive days, or 300 hours of community service, shall be
15imposed for a violation of subsection (a-5) of Section 6-303 of
16the Illinois Vehicle Code, as provided in subsection (b-5) of
17that Section.
18    (4.8) A mandatory prison sentence shall be imposed for a
19second violation of subsection (a-5) of Section 6-303 of the
20Illinois Vehicle Code, as provided in subsection (c-5) of that
21Section. The person's driving privileges shall be revoked for a
22period of not less than 5 years from the date of his or her
23release from prison.
24    (4.9) A mandatory prison sentence of not less than 4 and
25not more than 15 years shall be imposed for a third violation
26of subsection (a-5) of Section 6-303 of the Illinois Vehicle

 

 

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1Code, as provided in subsection (d-2.5) of that Section. The
2person's driving privileges shall be revoked for the remainder
3of his or her life.
4    (4.10) A mandatory prison sentence for a Class 1 felony
5shall be imposed, and the person shall be eligible for an
6extended term sentence, for a fourth or subsequent violation of
7subsection (a-5) of Section 6-303 of the Illinois Vehicle Code,
8as provided in subsection (d-3.5) of that Section. The person's
9driving privileges shall be revoked for the remainder of his or
10her life.
11    (5) The court may sentence a corporation or unincorporated
12association convicted of any offense to:
13        (A) a period of conditional discharge;
14        (B) a fine;
15        (C) make restitution to the victim under Section 5-5-6
16    of this Code.
17    (5.1) In addition to any other penalties imposed, and
18except as provided in paragraph (5.2) or (5.3), a person
19convicted of violating subsection (c) of Section 11-907 of the
20Illinois Vehicle Code shall have his or her driver's license,
21permit, or privileges suspended for at least 90 days but not
22more than one year, if the violation resulted in damage to the
23property of another person.
24    (5.2) In addition to any other penalties imposed, and
25except as provided in paragraph (5.3), a person convicted of
26violating subsection (c) of Section 11-907 of the Illinois

 

 

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1Vehicle Code shall have his or her driver's license, permit, or
2privileges suspended for at least 180 days but not more than 2
3years, if the violation resulted in injury to another person.
4    (5.3) In addition to any other penalties imposed, a person
5convicted of violating subsection (c) of Section 11-907 of the
6Illinois Vehicle Code shall have his or her driver's license,
7permit, or privileges suspended for 2 years, if the violation
8resulted in the death of another person.
9    (5.4) In addition to any other penalties imposed, a person
10convicted of violating Section 3-707 of the Illinois Vehicle
11Code shall have his or her driver's license, permit, or
12privileges suspended for 3 months and until he or she has paid
13a reinstatement fee of $100.
14    (5.5) In addition to any other penalties imposed, a person
15convicted of violating Section 3-707 of the Illinois Vehicle
16Code during a period in which his or her driver's license,
17permit, or privileges were suspended for a previous violation
18of that Section shall have his or her driver's license, permit,
19or privileges suspended for an additional 6 months after the
20expiration of the original 3-month suspension and until he or
21she has paid a reinstatement fee of $100.
22    (6) (Blank).
23    (7) (Blank).
24    (8) (Blank).
25    (9) A defendant convicted of a second or subsequent offense
26of ritualized abuse of a child may be sentenced to a term of

 

 

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1natural life imprisonment.
2    (10) (Blank).
3    (11) The court shall impose a minimum fine of $1,000 for a
4first offense and $2,000 for a second or subsequent offense
5upon a person convicted of or placed on supervision for battery
6when the individual harmed was a sports official or coach at
7any level of competition and the act causing harm to the sports
8official or coach occurred within an athletic facility or
9within the immediate vicinity of the athletic facility at which
10the sports official or coach was an active participant of the
11athletic contest held at the athletic facility. For the
12purposes of this paragraph (11), "sports official" means a
13person at an athletic contest who enforces the rules of the
14contest, such as an umpire or referee; "athletic facility"
15means an indoor or outdoor playing field or recreational area
16where sports activities are conducted; and "coach" means a
17person recognized as a coach by the sanctioning authority that
18conducted the sporting event.
19    (12) A person may not receive a disposition of court
20supervision for a violation of Section 5-16 of the Boat
21Registration and Safety Act if that person has previously
22received a disposition of court supervision for a violation of
23that Section.
24    (13) A person convicted of or placed on court supervision
25for an assault or aggravated assault when the victim and the
26offender are family or household members as defined in Section

 

 

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1103 of the Illinois Domestic Violence Act of 1986 or convicted
2of domestic battery or aggravated domestic battery may be
3required to attend a Partner Abuse Intervention Program under
4protocols set forth by the Illinois Department of Human
5Services under such terms and conditions imposed by the court.
6The costs of such classes shall be paid by the offender.
7    (d) In any case in which a sentence originally imposed is
8vacated, the case shall be remanded to the trial court. The
9trial court shall hold a hearing under Section 5-4-1 of the
10Unified Code of Corrections which may include evidence of the
11defendant's life, moral character and occupation during the
12time since the original sentence was passed. The trial court
13shall then impose sentence upon the defendant. The trial court
14may impose any sentence which could have been imposed at the
15original trial subject to Section 5-5-4 of the Unified Code of
16Corrections. If a sentence is vacated on appeal or on
17collateral attack due to the failure of the trier of fact at
18trial to determine beyond a reasonable doubt the existence of a
19fact (other than a prior conviction) necessary to increase the
20punishment for the offense beyond the statutory maximum
21otherwise applicable, either the defendant may be re-sentenced
22to a term within the range otherwise provided or, if the State
23files notice of its intention to again seek the extended
24sentence, the defendant shall be afforded a new trial.
25    (e) In cases where prosecution for aggravated criminal
26sexual abuse under Section 11-1.60 or 12-16 of the Criminal

 

 

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1Code of 1961 or the Criminal Code of 2012 results in conviction
2of a defendant who was a family member of the victim at the
3time of the commission of the offense, the court shall consider
4the safety and welfare of the victim and may impose a sentence
5of probation only where:
6        (1) the court finds (A) or (B) or both are appropriate:
7            (A) the defendant is willing to undergo a court
8        approved counseling program for a minimum duration of 2
9        years; or
10            (B) the defendant is willing to participate in a
11        court approved plan including but not limited to the
12        defendant's:
13                (i) removal from the household;
14                (ii) restricted contact with the victim;
15                (iii) continued financial support of the
16            family;
17                (iv) restitution for harm done to the victim;
18            and
19                (v) compliance with any other measures that
20            the court may deem appropriate; and
21        (2) the court orders the defendant to pay for the
22    victim's counseling services, to the extent that the court
23    finds, after considering the defendant's income and
24    assets, that the defendant is financially capable of paying
25    for such services, if the victim was under 18 years of age
26    at the time the offense was committed and requires

 

 

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1    counseling as a result of the offense.
2    Probation may be revoked or modified pursuant to Section
35-6-4; except where the court determines at the hearing that
4the defendant violated a condition of his or her probation
5restricting contact with the victim or other family members or
6commits another offense with the victim or other family
7members, the court shall revoke the defendant's probation and
8impose a term of imprisonment.
9    For the purposes of this Section, "family member" and
10"victim" shall have the meanings ascribed to them in Section
1111-0.1 of the Criminal Code of 2012.
12    (f) (Blank).
13    (g) Whenever a defendant is convicted of an offense under
14Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-14,
1511-14.3, 11-14.4 except for an offense that involves keeping a
16place of juvenile prostitution, 11-15, 11-15.1, 11-16, 11-17,
1711-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 12-13, 12-14,
1812-14.1, 12-15 or 12-16 of the Criminal Code of 1961 or the
19Criminal Code of 2012, the defendant shall undergo medical
20testing to determine whether the defendant has any sexually
21transmissible disease, including a test for infection with
22human immunodeficiency virus (HIV) or any other identified
23causative agent of acquired immunodeficiency syndrome (AIDS).
24Any such medical test shall be performed only by appropriately
25licensed medical practitioners and may include an analysis of
26any bodily fluids as well as an examination of the defendant's

 

 

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1person. Except as otherwise provided by law, the results of
2such test shall be kept strictly confidential by all medical
3personnel involved in the testing and must be personally
4delivered in a sealed envelope to the judge of the court in
5which the conviction was entered for the judge's inspection in
6camera. Acting in accordance with the best interests of the
7victim and the public, the judge shall have the discretion to
8determine to whom, if anyone, the results of the testing may be
9revealed. The court shall notify the defendant of the test
10results. The court shall also notify the victim if requested by
11the victim, and if the victim is under the age of 15 and if
12requested by the victim's parents or legal guardian, the court
13shall notify the victim's parents or legal guardian of the test
14results. The court shall provide information on the
15availability of HIV testing and counseling at Department of
16Public Health facilities to all parties to whom the results of
17the testing are revealed and shall direct the State's Attorney
18to provide the information to the victim when possible. A
19State's Attorney may petition the court to obtain the results
20of any HIV test administered under this Section, and the court
21shall grant the disclosure if the State's Attorney shows it is
22relevant in order to prosecute a charge of criminal
23transmission of HIV under Section 12-5.01 or 12-16.2 of the
24Criminal Code of 1961 or the Criminal Code of 2012 against the
25defendant. The court shall order that the cost of any such test
26shall be paid by the county and may be taxed as costs against

 

 

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1the convicted defendant.
2    (g-5) When an inmate is tested for an airborne communicable
3disease, as determined by the Illinois Department of Public
4Health including but not limited to tuberculosis, the results
5of the test shall be personally delivered by the warden or his
6or her designee in a sealed envelope to the judge of the court
7in which the inmate must appear for the judge's inspection in
8camera if requested by the judge. Acting in accordance with the
9best interests of those in the courtroom, the judge shall have
10the discretion to determine what if any precautions need to be
11taken to prevent transmission of the disease in the courtroom.
12    (h) Whenever a defendant is convicted of an offense under
13Section 1 or 2 of the Hypodermic Syringes and Needles Act, the
14defendant shall undergo medical testing to determine whether
15the defendant has been exposed to human immunodeficiency virus
16(HIV) or any other identified causative agent of acquired
17immunodeficiency syndrome (AIDS). Except as otherwise provided
18by law, the results of such test shall be kept strictly
19confidential by all medical personnel involved in the testing
20and must be personally delivered in a sealed envelope to the
21judge of the court in which the conviction was entered for the
22judge's inspection in camera. Acting in accordance with the
23best interests of the public, the judge shall have the
24discretion to determine to whom, if anyone, the results of the
25testing may be revealed. The court shall notify the defendant
26of a positive test showing an infection with the human

 

 

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1immunodeficiency virus (HIV). The court shall provide
2information on the availability of HIV testing and counseling
3at Department of Public Health facilities to all parties to
4whom the results of the testing are revealed and shall direct
5the State's Attorney to provide the information to the victim
6when possible. A State's Attorney may petition the court to
7obtain the results of any HIV test administered under this
8Section, and the court shall grant the disclosure if the
9State's Attorney shows it is relevant in order to prosecute a
10charge of criminal transmission of HIV under Section 12-5.01 or
1112-16.2 of the Criminal Code of 1961 or the Criminal Code of
122012 against the defendant. The court shall order that the cost
13of any such test shall be paid by the county and may be taxed as
14costs against the convicted defendant.
15    (i) All fines and penalties imposed under this Section for
16any violation of Chapters 3, 4, 6, and 11 of the Illinois
17Vehicle Code, or a similar provision of a local ordinance, and
18any violation of the Child Passenger Protection Act, or a
19similar provision of a local ordinance, shall be collected and
20disbursed by the circuit clerk as provided under Section 27.5
21of the Clerks of Courts Act.
22    (j) In cases when prosecution for any violation of Section
2311-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-8, 11-9,
2411-11, 11-14, 11-14.3, 11-14.4, 11-15, 11-15.1, 11-16, 11-17,
2511-17.1, 11-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 11-20.1,
2611-20.1B, 11-20.3, 11-21, 11-30, 11-40, 12-13, 12-14, 12-14.1,

 

 

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112-15, or 12-16 of the Criminal Code of 1961 or the Criminal
2Code of 2012, any violation of the Illinois Controlled
3Substances Act, any violation of the Cannabis Control Act, or
4any violation of the Methamphetamine Control and Community
5Protection Act results in conviction, a disposition of court
6supervision, or an order of probation granted under Section 10
7of the Cannabis Control Act, Section 410 of the Illinois
8Controlled Substances Act, or Section 70 of the Methamphetamine
9Control and Community Protection Act of a defendant, the court
10shall determine whether the defendant is employed by a facility
11or center as defined under the Child Care Act of 1969, a public
12or private elementary or secondary school, or otherwise works
13with children under 18 years of age on a daily basis. When a
14defendant is so employed, the court shall order the Clerk of
15the Court to send a copy of the judgment of conviction or order
16of supervision or probation to the defendant's employer by
17certified mail. If the employer of the defendant is a school,
18the Clerk of the Court shall direct the mailing of a copy of
19the judgment of conviction or order of supervision or probation
20to the appropriate regional superintendent of schools. The
21regional superintendent of schools shall notify the State Board
22of Education of any notification under this subsection.
23    (j-5) A defendant at least 17 years of age who is convicted
24of a felony and who has not been previously convicted of a
25misdemeanor or felony and who is sentenced to a term of
26imprisonment in the Illinois Department of Corrections shall as

 

 

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1a condition of his or her sentence be required by the court to
2attend educational courses designed to prepare the defendant
3for a high school diploma and to work toward a high school
4diploma or to work toward passing high school equivalency
5testing or to work toward completing a vocational training
6program offered by the Department of Corrections. If a
7defendant fails to complete the educational training required
8by his or her sentence during the term of incarceration, the
9Prisoner Review Board shall, as a condition of mandatory
10supervised release, require the defendant, at his or her own
11expense, to pursue a course of study toward a high school
12diploma or passage of high school equivalency testing. The
13Prisoner Review Board shall revoke the mandatory supervised
14release of a defendant who wilfully fails to comply with this
15subsection (j-5) upon his or her release from confinement in a
16penal institution while serving a mandatory supervised release
17term; however, the inability of the defendant after making a
18good faith effort to obtain financial aid or pay for the
19educational training shall not be deemed a wilful failure to
20comply. The Prisoner Review Board shall recommit the defendant
21whose mandatory supervised release term has been revoked under
22this subsection (j-5) as provided in Section 3-3-9. This
23subsection (j-5) does not apply to a defendant who has a high
24school diploma or has successfully passed high school
25equivalency testing. This subsection (j-5) does not apply to a
26defendant who is determined by the court to be a person with a

 

 

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1developmental disability or otherwise mentally incapable of
2completing the educational or vocational program.
3    (k) (Blank).
4    (l) (A) Except as provided in paragraph (C) of subsection
5(l), whenever a defendant, who is an alien as defined by the
6Immigration and Nationality Act, is convicted of any felony or
7misdemeanor offense, the court after sentencing the defendant
8may, upon motion of the State's Attorney, hold sentence in
9abeyance and remand the defendant to the custody of the
10Attorney General of the United States or his or her designated
11agent to be deported when:
12        (1) a final order of deportation has been issued
13    against the defendant pursuant to proceedings under the
14    Immigration and Nationality Act, and
15        (2) the deportation of the defendant would not
16    deprecate the seriousness of the defendant's conduct and
17    would not be inconsistent with the ends of justice.
18    Otherwise, the defendant shall be sentenced as provided in
19this Chapter V.
20    (B) If the defendant has already been sentenced for a
21felony or misdemeanor offense, or has been placed on probation
22under Section 10 of the Cannabis Control Act, Section 410 of
23the Illinois Controlled Substances Act, or Section 70 of the
24Methamphetamine Control and Community Protection Act, the
25court may, upon motion of the State's Attorney to suspend the
26sentence imposed, commit the defendant to the custody of the

 

 

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1Attorney General of the United States or his or her designated
2agent when:
3        (1) a final order of deportation has been issued
4    against the defendant pursuant to proceedings under the
5    Immigration and Nationality Act, and
6        (2) the deportation of the defendant would not
7    deprecate the seriousness of the defendant's conduct and
8    would not be inconsistent with the ends of justice.
9    (C) This subsection (l) does not apply to offenders who are
10subject to the provisions of paragraph (2) of subsection (a) of
11Section 3-6-3.
12    (D) Upon motion of the State's Attorney, if a defendant
13sentenced under this Section returns to the jurisdiction of the
14United States, the defendant shall be recommitted to the
15custody of the county from which he or she was sentenced.
16Thereafter, the defendant shall be brought before the
17sentencing court, which may impose any sentence that was
18available under Section 5-5-3 at the time of initial
19sentencing. In addition, the defendant shall not be eligible
20for additional sentence credit for good conduct as provided
21under Section 3-6-3.
22    (m) A person convicted of criminal defacement of property
23under Section 21-1.3 of the Criminal Code of 1961 or the
24Criminal Code of 2012, in which the property damage exceeds
25$300 and the property damaged is a school building, shall be
26ordered to perform community service that may include cleanup,

 

 

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1removal, or painting over the defacement.
2    (n) The court may sentence a person convicted of a
3violation of Section 12-19, 12-21, 16-1.3, or 17-56, or
4subsection (a) or (b) of Section 12-4.4a, of the Criminal Code
5of 1961 or the Criminal Code of 2012 (i) to an impact
6incarceration program if the person is otherwise eligible for
7that program under Section 5-8-1.1, (ii) to community service,
8or (iii) if the person is an addict or alcoholic, as defined in
9the Alcoholism and Other Drug Abuse and Dependency Act, to a
10substance or alcohol abuse program licensed under that Act.
11    (o) Whenever a person is convicted of a sex offense as
12defined in Section 2 of the Sex Offender Registration Act, the
13defendant's driver's license or permit shall be subject to
14renewal on an annual basis in accordance with the provisions of
15license renewal established by the Secretary of State.
16(Source: P.A. 98-718, eff. 1-1-15; 98-756, eff. 7-16-14;
1799-143, eff. 7-27-15.)
 
18    Section 99. Effective date. This Act takes effect upon
19becoming law.