100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB2955

 

Introduced , by Rep. Kelly M. Cassidy

 

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

    Amends the Unified Code of Corrections. Eliminates provisions that a period of probation, a term of periodic imprisonment or conditional discharge shall not be imposed for: (1) the manufacture, delivery, or possession with intent to deliver more than 5 grams but less than 15 grams of a substance containing cocaine, fentanyl, or an analog thereof; (2) 3 or more grams but less than 15 grams of a substance containing heroin or an analog thereof; (3) a Class 2 or greater felony if the offender had been convicted of a Class 2 or greater felony, including any state or federal conviction for an offense that contained, at the time it was committed, the same elements as an offense now (the date of the offense committed after the prior Class 2 or greater felony) classified as a Class 2 or greater felony, within 10 years of the date on which the offender committed the offense for which he or she is being sentenced; or (4) residential burglary.


LRB100 08491 RLC 18611 b

 

 

A BILL FOR

 

HB2955LRB100 08491 RLC 18611 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 10. The Unified Code of Corrections is amended by
5changing 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) (Blank).
9    (b) (Blank).
10    (c) (1) (Blank).
11    (2) A period of probation, a term of periodic imprisonment
12or conditional discharge shall not be imposed for the following
13offenses. The court shall sentence the offender to not less
14than the minimum term of imprisonment set forth in this Code
15for the following offenses, and may order a fine or restitution
16or both in conjunction with such term of imprisonment:
17        (A) First degree murder where the death penalty is not
18    imposed.
19        (B) Attempted first degree murder.
20        (C) A Class X felony.
21        (D) (Blank). A violation of Section 401.1 or 407 of the
22    Illinois Controlled Substances Act, or a violation of
23    subdivision (c)(1.5) or (c)(2) of Section 401 of that Act

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1    $500,000 or more.
2        (DD) A conviction for aggravated assault under
3    paragraph (6) of subsection (c) of Section 12-2 of the
4    Criminal Code of 1961 or the Criminal Code of 2012 if the
5    firearm is aimed toward the person against whom the firearm
6    is being used.
7        (EE) A conviction for a violation of paragraph (2) of
8    subsection (a) of Section 24-3B of the Criminal Code of
9    2012.
10    (3) (Blank).
11    (4) A minimum term of imprisonment of not less than 10
12consecutive days or 30 days of community service shall be
13imposed for a violation of paragraph (c) of Section 6-303 of
14the Illinois Vehicle Code.
15    (4.1) (Blank).
16    (4.2) Except as provided in paragraphs (4.3) and (4.8) of
17this subsection (c), a minimum of 100 hours of community
18service shall be imposed for a second violation of Section
196-303 of the Illinois Vehicle Code.
20    (4.3) A minimum term of imprisonment of 30 days or 300
21hours of community service, as determined by the court, shall
22be imposed for a second violation of subsection (c) of Section
236-303 of the Illinois Vehicle Code.
24    (4.4) Except as provided in paragraphs (4.5), (4.6), and
25(4.9) of this subsection (c), a minimum term of imprisonment of
2630 days or 300 hours of community service, as determined by the

 

 

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1court, shall be imposed for a third or subsequent violation of
2Section 6-303 of the Illinois Vehicle Code.
3    (4.5) A minimum term of imprisonment of 30 days shall be
4imposed for a third violation of subsection (c) of Section
56-303 of the Illinois Vehicle Code.
6    (4.6) Except as provided in paragraph (4.10) of this
7subsection (c), a minimum term of imprisonment of 180 days
8shall be imposed for a fourth or subsequent violation of
9subsection (c) of Section 6-303 of the Illinois Vehicle Code.
10    (4.7) A minimum term of imprisonment of not less than 30
11consecutive days, or 300 hours of community service, shall be
12imposed for a violation of subsection (a-5) of Section 6-303 of
13the Illinois Vehicle Code, as provided in subsection (b-5) of
14that Section.
15    (4.8) A mandatory prison sentence shall be imposed for a
16second violation of subsection (a-5) of Section 6-303 of the
17Illinois Vehicle Code, as provided in subsection (c-5) of that
18Section. The person's driving privileges shall be revoked for a
19period of not less than 5 years from the date of his or her
20release from prison.
21    (4.9) A mandatory prison sentence of not less than 4 and
22not more than 15 years shall be imposed for a third violation
23of subsection (a-5) of Section 6-303 of the Illinois Vehicle
24Code, as provided in subsection (d-2.5) of that Section. The
25person's driving privileges shall be revoked for the remainder
26of his or her life.

 

 

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1    (4.10) A mandatory prison sentence for a Class 1 felony
2shall be imposed, and the person shall be eligible for an
3extended term sentence, for a fourth or subsequent violation of
4subsection (a-5) of Section 6-303 of the Illinois Vehicle Code,
5as provided in subsection (d-3.5) of that Section. The person's
6driving privileges shall be revoked for the remainder of his or
7her life.
8    (5) The court may sentence a corporation or unincorporated
9association convicted of any offense to:
10        (A) a period of conditional discharge;
11        (B) a fine;
12        (C) make restitution to the victim under Section 5-5-6
13    of this Code.
14    (5.1) In addition to any other penalties imposed, and
15except as provided in paragraph (5.2) or (5.3), a person
16convicted of violating subsection (c) of Section 11-907 of the
17Illinois Vehicle Code shall have his or her driver's license,
18permit, or privileges suspended for at least 90 days but not
19more than one year, if the violation resulted in damage to the
20property of another person.
21    (5.2) In addition to any other penalties imposed, and
22except as provided in paragraph (5.3), a person convicted of
23violating subsection (c) of Section 11-907 of the Illinois
24Vehicle Code shall have his or her driver's license, permit, or
25privileges suspended for at least 180 days but not more than 2
26years, if the violation resulted in injury to another person.

 

 

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1    (5.3) In addition to any other penalties imposed, a person
2convicted of violating subsection (c) of Section 11-907 of the
3Illinois Vehicle Code shall have his or her driver's license,
4permit, or privileges suspended for 2 years, if the violation
5resulted in the death of another person.
6    (5.4) In addition to any other penalties imposed, a person
7convicted of violating Section 3-707 of the Illinois Vehicle
8Code shall have his or her driver's license, permit, or
9privileges suspended for 3 months and until he or she has paid
10a reinstatement fee of $100.
11    (5.5) In addition to any other penalties imposed, a person
12convicted of violating Section 3-707 of the Illinois Vehicle
13Code during a period in which his or her driver's license,
14permit, or privileges were suspended for a previous violation
15of that Section shall have his or her driver's license, permit,
16or privileges suspended for an additional 6 months after the
17expiration of the original 3-month suspension and until he or
18she has paid a reinstatement fee of $100.
19    (6) (Blank).
20    (7) (Blank).
21    (8) (Blank).
22    (9) A defendant convicted of a second or subsequent offense
23of ritualized abuse of a child may be sentenced to a term of
24natural life imprisonment.
25    (10) (Blank).
26    (11) The court shall impose a minimum fine of $1,000 for a

 

 

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1first offense and $2,000 for a second or subsequent offense
2upon a person convicted of or placed on supervision for battery
3when the individual harmed was a sports official or coach at
4any level of competition and the act causing harm to the sports
5official or coach occurred within an athletic facility or
6within the immediate vicinity of the athletic facility at which
7the sports official or coach was an active participant of the
8athletic contest held at the athletic facility. For the
9purposes of this paragraph (11), "sports official" means a
10person at an athletic contest who enforces the rules of the
11contest, such as an umpire or referee; "athletic facility"
12means an indoor or outdoor playing field or recreational area
13where sports activities are conducted; and "coach" means a
14person recognized as a coach by the sanctioning authority that
15conducted the sporting event.
16    (12) A person may not receive a disposition of court
17supervision for a violation of Section 5-16 of the Boat
18Registration and Safety Act if that person has previously
19received a disposition of court supervision for a violation of
20that Section.
21    (13) A person convicted of or placed on court supervision
22for an assault or aggravated assault when the victim and the
23offender are family or household members as defined in Section
24103 of the Illinois Domestic Violence Act of 1986 or convicted
25of domestic battery or aggravated domestic battery may be
26required to attend a Partner Abuse Intervention Program under

 

 

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1protocols set forth by the Illinois Department of Human
2Services under such terms and conditions imposed by the court.
3The costs of such classes shall be paid by the offender.
4    (d) In any case in which a sentence originally imposed is
5vacated, the case shall be remanded to the trial court. The
6trial court shall hold a hearing under Section 5-4-1 of the
7Unified Code of Corrections which may include evidence of the
8defendant's life, moral character and occupation during the
9time since the original sentence was passed. The trial court
10shall then impose sentence upon the defendant. The trial court
11may impose any sentence which could have been imposed at the
12original trial subject to Section 5-5-4 of the Unified Code of
13Corrections. If a sentence is vacated on appeal or on
14collateral attack due to the failure of the trier of fact at
15trial to determine beyond a reasonable doubt the existence of a
16fact (other than a prior conviction) necessary to increase the
17punishment for the offense beyond the statutory maximum
18otherwise applicable, either the defendant may be re-sentenced
19to a term within the range otherwise provided or, if the State
20files notice of its intention to again seek the extended
21sentence, the defendant shall be afforded a new trial.
22    (e) In cases where prosecution for aggravated criminal
23sexual abuse under Section 11-1.60 or 12-16 of the Criminal
24Code of 1961 or the Criminal Code of 2012 results in conviction
25of a defendant who was a family member of the victim at the
26time of the commission of the offense, the court shall consider

 

 

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1the safety and welfare of the victim and may impose a sentence
2of probation only where:
3        (1) the court finds (A) or (B) or both are appropriate:
4            (A) the defendant is willing to undergo a court
5        approved counseling program for a minimum duration of 2
6        years; or
7            (B) the defendant is willing to participate in a
8        court approved plan including but not limited to the
9        defendant's:
10                (i) removal from the household;
11                (ii) restricted contact with the victim;
12                (iii) continued financial support of the
13            family;
14                (iv) restitution for harm done to the victim;
15            and
16                (v) compliance with any other measures that
17            the court may deem appropriate; and
18        (2) the court orders the defendant to pay for the
19    victim's counseling services, to the extent that the court
20    finds, after considering the defendant's income and
21    assets, that the defendant is financially capable of paying
22    for such services, if the victim was under 18 years of age
23    at the time the offense was committed and requires
24    counseling as a result of the offense.
25    Probation may be revoked or modified pursuant to Section
265-6-4; except where the court determines at the hearing that

 

 

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1the defendant violated a condition of his or her probation
2restricting contact with the victim or other family members or
3commits another offense with the victim or other family
4members, the court shall revoke the defendant's probation and
5impose a term of imprisonment.
6    For the purposes of this Section, "family member" and
7"victim" shall have the meanings ascribed to them in Section
811-0.1 of the Criminal Code of 2012.
9    (f) (Blank).
10    (g) Whenever a defendant is convicted of an offense under
11Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-14,
1211-14.3, 11-14.4 except for an offense that involves keeping a
13place of juvenile prostitution, 11-15, 11-15.1, 11-16, 11-17,
1411-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 12-13, 12-14,
1512-14.1, 12-15 or 12-16 of the Criminal Code of 1961 or the
16Criminal Code of 2012, the defendant shall undergo medical
17testing to determine whether the defendant has any sexually
18transmissible disease, including a test for infection with
19human immunodeficiency virus (HIV) or any other identified
20causative agent of acquired immunodeficiency syndrome (AIDS).
21Any such medical test shall be performed only by appropriately
22licensed medical practitioners and may include an analysis of
23any bodily fluids as well as an examination of the defendant's
24person. Except as otherwise provided by law, the results of
25such test shall be kept strictly confidential by all medical
26personnel involved in the testing and must be personally

 

 

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

 

 

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

 

 

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1whom the results of the testing are revealed and shall direct
2the State's Attorney to provide the information to the victim
3when possible. A State's Attorney may petition the court to
4obtain the results of any HIV test administered under this
5Section, and the court shall grant the disclosure if the
6State's Attorney shows it is relevant in order to prosecute a
7charge of criminal transmission of HIV under Section 12-5.01 or
812-16.2 of the Criminal Code of 1961 or the Criminal Code of
92012 against the defendant. The court shall order that the cost
10of any such test shall be paid by the county and may be taxed as
11costs against the convicted defendant.
12    (i) All fines and penalties imposed under this Section for
13any violation of Chapters 3, 4, 6, and 11 of the Illinois
14Vehicle Code, or a similar provision of a local ordinance, and
15any violation of the Child Passenger Protection Act, or a
16similar provision of a local ordinance, shall be collected and
17disbursed by the circuit clerk as provided under Section 27.5
18of the Clerks of Courts Act.
19    (j) In cases when prosecution for any violation of Section
2011-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-8, 11-9,
2111-11, 11-14, 11-14.3, 11-14.4, 11-15, 11-15.1, 11-16, 11-17,
2211-17.1, 11-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 11-20.1,
2311-20.1B, 11-20.3, 11-21, 11-30, 11-40, 12-13, 12-14, 12-14.1,
2412-15, or 12-16 of the Criminal Code of 1961 or the Criminal
25Code of 2012, any violation of the Illinois Controlled
26Substances Act, any violation of the Cannabis Control Act, or

 

 

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1any violation of the Methamphetamine Control and Community
2Protection Act results in conviction, a disposition of court
3supervision, or an order of probation granted under Section 10
4of the Cannabis Control Act, Section 410 of the Illinois
5Controlled Substances Act, or Section 70 of the Methamphetamine
6Control and Community Protection Act of a defendant, the court
7shall determine whether the defendant is employed by a facility
8or center as defined under the Child Care Act of 1969, a public
9or private elementary or secondary school, or otherwise works
10with children under 18 years of age on a daily basis. When a
11defendant is so employed, the court shall order the Clerk of
12the Court to send a copy of the judgment of conviction or order
13of supervision or probation to the defendant's employer by
14certified mail. If the employer of the defendant is a school,
15the Clerk of the Court shall direct the mailing of a copy of
16the judgment of conviction or order of supervision or probation
17to the appropriate regional superintendent of schools. The
18regional superintendent of schools shall notify the State Board
19of Education of any notification under this subsection.
20    (j-5) A defendant at least 17 years of age who is convicted
21of a felony and who has not been previously convicted of a
22misdemeanor or felony and who is sentenced to a term of
23imprisonment in the Illinois Department of Corrections shall as
24a condition of his or her sentence be required by the court to
25attend educational courses designed to prepare the defendant
26for a high school diploma and to work toward a high school

 

 

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

 

 

HB2955- 19 -LRB100 08491 RLC 18611 b

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

 

 

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1    against the defendant pursuant to proceedings under the
2    Immigration and Nationality Act, and
3        (2) the deportation of the defendant would not
4    deprecate the seriousness of the defendant's conduct and
5    would not be inconsistent with the ends of justice.
6    (C) This subsection (l) does not apply to offenders who are
7subject to the provisions of paragraph (2) of subsection (a) of
8Section 3-6-3.
9    (D) Upon motion of the State's Attorney, if a defendant
10sentenced under this Section returns to the jurisdiction of the
11United States, the defendant shall be recommitted to the
12custody of the county from which he or she was sentenced.
13Thereafter, the defendant shall be brought before the
14sentencing court, which may impose any sentence that was
15available under Section 5-5-3 at the time of initial
16sentencing. In addition, the defendant shall not be eligible
17for additional sentence credit for good conduct as provided
18under Section 3-6-3.
19    (m) A person convicted of criminal defacement of property
20under Section 21-1.3 of the Criminal Code of 1961 or the
21Criminal Code of 2012, in which the property damage exceeds
22$300 and the property damaged is a school building, shall be
23ordered to perform community service that may include cleanup,
24removal, or painting over the defacement.
25    (n) The court may sentence a person convicted of a
26violation of Section 12-19, 12-21, 16-1.3, or 17-56, or

 

 

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1subsection (a) or (b) of Section 12-4.4a, of the Criminal Code
2of 1961 or the Criminal Code of 2012 (i) to an impact
3incarceration program if the person is otherwise eligible for
4that program under Section 5-8-1.1, (ii) to community service,
5or (iii) if the person is an addict or alcoholic, as defined in
6the Alcoholism and Other Drug Abuse and Dependency Act, to a
7substance or alcohol abuse program licensed under that Act.
8    (o) Whenever a person is convicted of a sex offense as
9defined in Section 2 of the Sex Offender Registration Act, the
10defendant's driver's license or permit shall be subject to
11renewal on an annual basis in accordance with the provisions of
12license renewal established by the Secretary of State.
13(Source: P.A. 98-718, eff. 1-1-15; 98-756, eff. 7-16-14;
1499-143, eff. 7-27-15; 99-885, eff. 8-23-16.)