100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB5980

 

Introduced , by Rep. Peter Breen

 

SYNOPSIS AS INTRODUCED:
 
720 ILCS 5/32-10  from Ch. 38, par. 32-10
730 ILCS 5/5-5-3  from Ch. 38, par. 1005-5-3

    Amends the Criminal Code of 2012. Provides that a person who, having been admitted to bail for appearance before any court of this State, incurs a forfeiture of the bail and knowingly fails to surrender himself or herself within 30 days following the date of the forfeiture, commits, if the bail was given in connection with a charge of felony or pending appeal or certiorari after conviction of any offense, a felony of the same (rather than next lower) Class. Deletes language providing that the person commits a Class A misdemeanor if the underlying offense was a Class 4 felony. Deletes language providing that if the bail was given in connection with a charge of committing a misdemeanor, or for appearance as a witness, that the person commits a misdemeanor of the next lower Class, but not less than a Class C misdemeanor. Amends the Unified Code of Corrections. Provides that a period of probation, a term of periodic imprisonment or conditional discharge shall not be imposed for a Class 4 or greater felony violation of the offense of violation of bail bond.


LRB100 23930 RLC 43003 b

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB5980LRB100 23930 RLC 43003 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 changing
5Section 32-10 as follows:
 
6    (720 ILCS 5/32-10)  (from Ch. 38, par. 32-10)
7    Sec. 32-10. Violation of bail bond.
8    (a) Whoever, having been admitted to bail for appearance
9before any court of this State, incurs a forfeiture of the bail
10and knowingly fails to surrender himself or herself within 30
11days following the date of the forfeiture, commits, if the bail
12was given in connection with a charge of felony or pending
13appeal or certiorari after conviction of any offense, a felony
14of the same next lower Class or a Class A misdemeanor if the
15underlying offense was a Class 4 felony; or, if the bail was
16given in connection with a charge of committing a misdemeanor,
17or for appearance as a witness, commits a misdemeanor of the
18next lower Class, but not less than a Class C misdemeanor.
19    (a-5) Any person who knowingly violates a condition of bail
20bond by possessing a firearm in violation of his or her
21conditions of bail commits a Class 4 felony for a first
22violation and a Class 3 felony for a second or subsequent
23violation.

 

 

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1    (b) Whoever, having been admitted to bail for appearance
2before any court of this State, while charged with a criminal
3offense in which the victim is a family or household member as
4defined in Article 112A of the Code of Criminal Procedure of
51963, knowingly violates a condition of that release as set
6forth in Section 110-10, subsection (d) of the Code of Criminal
7Procedure of 1963, commits a Class A misdemeanor.
8    (c) Whoever, having been admitted to bail for appearance
9before any court of this State for a felony, Class A
10misdemeanor or a criminal offense in which the victim is a
11family or household member as defined in Article 112A of the
12Code of Criminal Procedure of 1963, is charged with any other
13felony, Class A misdemeanor, or a criminal offense in which the
14victim is a family or household member as defined in Article
15112A of the Code of Criminal Procedure of 1963 while on this
16release, must appear before the court before bail is
17statutorily set.
18    (d) Nothing in this Section shall interfere with or prevent
19the exercise by any court of its power to punishment for
20contempt. Any sentence imposed for violation of this Section
21shall be served consecutive to the sentence imposed for the
22charge for which bail had been granted and with respect to
23which the defendant has been convicted.
24(Source: P.A. 97-1108, eff. 1-1-13.)
 
25    Section 10. The Unified Code of Corrections is amended by

 

 

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1changing Section 5-5-3 as follows:
 
2    (730 ILCS 5/5-5-3)  (from Ch. 38, par. 1005-5-3)
3    Sec. 5-5-3. Disposition.
4    (a) (Blank).
5    (b) (Blank).
6    (c) (1) (Blank).
7    (2) A period of probation, a term of periodic imprisonment
8or conditional discharge shall not be imposed for the following
9offenses. The court shall sentence the offender to not less
10than the minimum term of imprisonment set forth in this Code
11for the following offenses, and may order a fine or restitution
12or both in conjunction with such term of imprisonment:
13        (A) First degree murder where the death penalty is not
14    imposed.
15        (B) Attempted first degree murder.
16        (C) A Class X felony.
17        (D) A violation of Section 401.1 or 407 of the Illinois
18    Controlled Substances Act, or a violation of subdivision
19    (c)(1.5) of Section 401 of that Act which relates to more
20    than 5 grams of a substance containing fentanyl or an
21    analog thereof.
22        (D-5) A violation of subdivision (c)(1) of Section 401
23    of the Illinois Controlled Substances Act which relates to
24    3 or more grams of a substance containing heroin or an
25    analog thereof.

 

 

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1        (E) (Blank).
2        (F) A Class 1 or greater felony if the offender had
3    been convicted of a Class 1 or greater felony, including
4    any state or federal conviction for an offense that
5    contained, at the time it was committed, the same elements
6    as an offense now (the date of the offense committed after
7    the prior Class 1 or greater felony) classified as a Class
8    1 or greater felony, within 10 years of the date on which
9    the offender committed the offense for which he or she is
10    being sentenced, except as otherwise provided in Section
11    40-10 of the Alcoholism and Other Drug Abuse and Dependency
12    Act.
13        (F-3) A Class 2 or greater felony sex offense or felony
14    firearm offense if the offender had been convicted of a
15    Class 2 or greater felony, including any state or federal
16    conviction for an offense that contained, at the time it
17    was committed, the same elements as an offense now (the
18    date of the offense committed after the prior Class 2 or
19    greater felony) classified as a Class 2 or greater felony,
20    within 10 years of the date on which the offender committed
21    the offense for which he or she is being sentenced, except
22    as otherwise provided in Section 40-10 of the Alcoholism
23    and Other Drug Abuse and Dependency Act.
24        (F-5) A violation of Section 24-1, 24-1.1, or 24-1.6 of
25    the Criminal Code of 1961 or the Criminal Code of 2012 for
26    which imprisonment is prescribed in those Sections.

 

 

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

 

 

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1    exceeds $300.
2        (N) A Class 3 felony violation of paragraph (1) of
3    subsection (a) of Section 2 of the Firearm Owners
4    Identification Card Act.
5        (O) A violation of Section 12-6.1 or 12-6.5 of the
6    Criminal Code of 1961 or the Criminal Code of 2012.
7        (P) A violation of paragraph (1), (2), (3), (4), (5),
8    or (7) of subsection (a) of Section 11-20.1 of the Criminal
9    Code of 1961 or the Criminal Code of 2012.
10        (Q) A violation of subsection (b) or (b-5) of Section
11    20-1, Section 20-1.2, or Section 20-1.3 of the Criminal
12    Code of 1961 or the Criminal Code of 2012.
13        (R) A violation of Section 24-3A of the Criminal Code
14    of 1961 or the Criminal Code of 2012.
15        (S) (Blank).
16        (S-5) A Class 4 or greater felony violation of Section
17    32-10 of the Criminal Code of 1961 or the Criminal Code of
18    2012.
19        (T) (Blank).
20        (U) A second or subsequent violation of Section 6-303
21    of the Illinois Vehicle Code committed while his or her
22    driver's license, permit, or privilege was revoked because
23    of a violation of Section 9-3 of the Criminal Code of 1961
24    or the Criminal Code of 2012, relating to the offense of
25    reckless homicide, or a similar provision of a law of
26    another state.

 

 

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1        (V) A violation of paragraph (4) of subsection (c) of
2    Section 11-20.1B or paragraph (4) of subsection (c) of
3    Section 11-20.3 of the Criminal Code of 1961, or paragraph
4    (6) of subsection (a) of Section 11-20.1 of the Criminal
5    Code of 2012 when the victim is under 13 years of age and
6    the defendant has previously been convicted under the laws
7    of this State or any other state of the offense of child
8    pornography, aggravated child pornography, aggravated
9    criminal sexual abuse, aggravated criminal sexual assault,
10    predatory criminal sexual assault of a child, or any of the
11    offenses formerly known as rape, deviate sexual assault,
12    indecent liberties with a child, or aggravated indecent
13    liberties with a child where the victim was under the age
14    of 18 years or an offense that is substantially equivalent
15    to those offenses.
16        (W) A violation of Section 24-3.5 of the Criminal Code
17    of 1961 or the Criminal Code of 2012.
18        (X) A violation of subsection (a) of Section 31-1a of
19    the Criminal Code of 1961 or the Criminal Code of 2012.
20        (Y) A conviction for unlawful possession of a firearm
21    by a street gang member when the firearm was loaded or
22    contained firearm ammunition.
23        (Z) A Class 1 felony committed while he or she was
24    serving a term of probation or conditional discharge for a
25    felony.
26        (AA) Theft of property exceeding $500,000 and not

 

 

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1    exceeding $1,000,000 in value.
2        (BB) Laundering of criminally derived property of a
3    value exceeding $500,000.
4        (CC) Knowingly selling, offering for sale, holding for
5    sale, or using 2,000 or more counterfeit items or
6    counterfeit items having a retail value in the aggregate of
7    $500,000 or more.
8        (DD) A conviction for aggravated assault under
9    paragraph (6) of subsection (c) of Section 12-2 of the
10    Criminal Code of 1961 or the Criminal Code of 2012 if the
11    firearm is aimed toward the person against whom the firearm
12    is being used.
13        (EE) A conviction for a violation of paragraph (2) of
14    subsection (a) of Section 24-3B of the Criminal Code of
15    2012.
16    (3) (Blank).
17    (4) A minimum term of imprisonment of not less than 10
18consecutive days or 30 days of community service shall be
19imposed for a violation of paragraph (c) of Section 6-303 of
20the Illinois Vehicle Code.
21    (4.1) (Blank).
22    (4.2) Except as provided in paragraphs (4.3) and (4.8) of
23this subsection (c), a minimum of 100 hours of community
24service shall be imposed for a second violation of Section
256-303 of the Illinois Vehicle Code.
26    (4.3) A minimum term of imprisonment of 30 days or 300

 

 

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1hours of community service, as determined by the court, shall
2be imposed for a second violation of subsection (c) of Section
36-303 of the Illinois Vehicle Code.
4    (4.4) Except as provided in paragraphs (4.5), (4.6), and
5(4.9) of this subsection (c), a minimum term of imprisonment of
630 days or 300 hours of community service, as determined by the
7court, shall be imposed for a third or subsequent violation of
8Section 6-303 of the Illinois Vehicle Code. The court may give
9credit toward the fulfillment of community service hours for
10participation in activities and treatment as determined by
11court services.
12    (4.5) A minimum term of imprisonment of 30 days shall be
13imposed for a third violation of subsection (c) of Section
146-303 of the Illinois Vehicle Code.
15    (4.6) Except as provided in paragraph (4.10) of this
16subsection (c), a minimum term of imprisonment of 180 days
17shall be imposed for a fourth or subsequent violation of
18subsection (c) of Section 6-303 of the Illinois Vehicle Code.
19    (4.7) A minimum term of imprisonment of not less than 30
20consecutive days, or 300 hours of community service, shall be
21imposed for a violation of subsection (a-5) of Section 6-303 of
22the Illinois Vehicle Code, as provided in subsection (b-5) of
23that Section.
24    (4.8) A mandatory prison sentence shall be imposed for a
25second violation of subsection (a-5) of Section 6-303 of the
26Illinois Vehicle Code, as provided in subsection (c-5) of that

 

 

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1Section. The person's driving privileges shall be revoked for a
2period of not less than 5 years from the date of his or her
3release from prison.
4    (4.9) A mandatory prison sentence of not less than 4 and
5not more than 15 years shall be imposed for a third violation
6of subsection (a-5) of Section 6-303 of the Illinois Vehicle
7Code, as provided in subsection (d-2.5) of that Section. The
8person's driving privileges shall be revoked for the remainder
9of his or her life.
10    (4.10) A mandatory prison sentence for a Class 1 felony
11shall be imposed, and the person shall be eligible for an
12extended term sentence, for a fourth or subsequent violation of
13subsection (a-5) of Section 6-303 of the Illinois Vehicle Code,
14as provided in subsection (d-3.5) of that Section. The person's
15driving privileges shall be revoked for the remainder of his or
16her life.
17    (5) The court may sentence a corporation or unincorporated
18association convicted of any offense to:
19        (A) a period of conditional discharge;
20        (B) a fine;
21        (C) make restitution to the victim under Section 5-5-6
22    of this Code.
23    (5.1) In addition to any other penalties imposed, and
24except as provided in paragraph (5.2) or (5.3), a person
25convicted of violating subsection (c) of Section 11-907 of the
26Illinois Vehicle Code shall have his or her driver's license,

 

 

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1permit, or privileges suspended for at least 90 days but not
2more than one year, if the violation resulted in damage to the
3property of another person.
4    (5.2) In addition to any other penalties imposed, and
5except as provided in paragraph (5.3), a person convicted of
6violating subsection (c) of Section 11-907 of the Illinois
7Vehicle Code shall have his or her driver's license, permit, or
8privileges suspended for at least 180 days but not more than 2
9years, if the violation resulted in injury to another person.
10    (5.3) In addition to any other penalties imposed, a person
11convicted of violating subsection (c) of Section 11-907 of the
12Illinois Vehicle Code shall have his or her driver's license,
13permit, or privileges suspended for 2 years, if the violation
14resulted in the death of another person.
15    (5.4) In addition to any other penalties imposed, a person
16convicted of violating Section 3-707 of the Illinois Vehicle
17Code shall have his or her driver's license, permit, or
18privileges suspended for 3 months and until he or she has paid
19a reinstatement fee of $100.
20    (5.5) In addition to any other penalties imposed, a person
21convicted of violating Section 3-707 of the Illinois Vehicle
22Code during a period in which his or her driver's license,
23permit, or privileges were suspended for a previous violation
24of that Section shall have his or her driver's license, permit,
25or privileges suspended for an additional 6 months after the
26expiration of the original 3-month suspension and until he or

 

 

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1she has paid a reinstatement fee of $100.
2    (6) (Blank).
3    (7) (Blank).
4    (8) (Blank).
5    (9) A defendant convicted of a second or subsequent offense
6of ritualized abuse of a child may be sentenced to a term of
7natural life imprisonment.
8    (10) (Blank).
9    (11) The court shall impose a minimum fine of $1,000 for a
10first offense and $2,000 for a second or subsequent offense
11upon a person convicted of or placed on supervision for battery
12when the individual harmed was a sports official or coach at
13any level of competition and the act causing harm to the sports
14official or coach occurred within an athletic facility or
15within the immediate vicinity of the athletic facility at which
16the sports official or coach was an active participant of the
17athletic contest held at the athletic facility. For the
18purposes of this paragraph (11), "sports official" means a
19person at an athletic contest who enforces the rules of the
20contest, such as an umpire or referee; "athletic facility"
21means an indoor or outdoor playing field or recreational area
22where sports activities are conducted; and "coach" means a
23person recognized as a coach by the sanctioning authority that
24conducted the sporting event.
25    (12) A person may not receive a disposition of court
26supervision for a violation of Section 5-16 of the Boat

 

 

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1Registration and Safety Act if that person has previously
2received a disposition of court supervision for a violation of
3that Section.
4    (13) A person convicted of or placed on court supervision
5for an assault or aggravated assault when the victim and the
6offender are family or household members as defined in Section
7103 of the Illinois Domestic Violence Act of 1986 or convicted
8of domestic battery or aggravated domestic battery may be
9required to attend a Partner Abuse Intervention Program under
10protocols set forth by the Illinois Department of Human
11Services under such terms and conditions imposed by the court.
12The costs of such classes shall be paid by the offender.
13    (d) In any case in which a sentence originally imposed is
14vacated, the case shall be remanded to the trial court. The
15trial court shall hold a hearing under Section 5-4-1 of the
16Unified Code of Corrections which may include evidence of the
17defendant's life, moral character and occupation during the
18time since the original sentence was passed. The trial court
19shall then impose sentence upon the defendant. The trial court
20may impose any sentence which could have been imposed at the
21original trial subject to Section 5-5-4 of the Unified Code of
22Corrections. If a sentence is vacated on appeal or on
23collateral attack due to the failure of the trier of fact at
24trial to determine beyond a reasonable doubt the existence of a
25fact (other than a prior conviction) necessary to increase the
26punishment for the offense beyond the statutory maximum

 

 

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1otherwise applicable, either the defendant may be re-sentenced
2to a term within the range otherwise provided or, if the State
3files notice of its intention to again seek the extended
4sentence, the defendant shall be afforded a new trial.
5    (e) In cases where prosecution for aggravated criminal
6sexual abuse under Section 11-1.60 or 12-16 of the Criminal
7Code of 1961 or the Criminal Code of 2012 results in conviction
8of a defendant who was a family member of the victim at the
9time of the commission of the offense, the court shall consider
10the safety and welfare of the victim and may impose a sentence
11of probation only where:
12        (1) the court finds (A) or (B) or both are appropriate:
13            (A) the defendant is willing to undergo a court
14        approved counseling program for a minimum duration of 2
15        years; or
16            (B) the defendant is willing to participate in a
17        court approved plan including but not limited to the
18        defendant's:
19                (i) removal from the household;
20                (ii) restricted contact with the victim;
21                (iii) continued financial support of the
22            family;
23                (iv) restitution for harm done to the victim;
24            and
25                (v) compliance with any other measures that
26            the court may deem appropriate; and

 

 

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1        (2) the court orders the defendant to pay for the
2    victim's counseling services, to the extent that the court
3    finds, after considering the defendant's income and
4    assets, that the defendant is financially capable of paying
5    for such services, if the victim was under 18 years of age
6    at the time the offense was committed and requires
7    counseling as a result of the offense.
8    Probation may be revoked or modified pursuant to Section
95-6-4; except where the court determines at the hearing that
10the defendant violated a condition of his or her probation
11restricting contact with the victim or other family members or
12commits another offense with the victim or other family
13members, the court shall revoke the defendant's probation and
14impose a term of imprisonment.
15    For the purposes of this Section, "family member" and
16"victim" shall have the meanings ascribed to them in Section
1711-0.1 of the Criminal Code of 2012.
18    (f) (Blank).
19    (g) Whenever a defendant is convicted of an offense under
20Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-14,
2111-14.3, 11-14.4 except for an offense that involves keeping a
22place of juvenile prostitution, 11-15, 11-15.1, 11-16, 11-17,
2311-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 12-13, 12-14,
2412-14.1, 12-15 or 12-16 of the Criminal Code of 1961 or the
25Criminal Code of 2012, the defendant shall undergo medical
26testing to determine whether the defendant has any sexually

 

 

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1transmissible disease, including a test for infection with
2human immunodeficiency virus (HIV) or any other identified
3causative agent of acquired immunodeficiency syndrome (AIDS).
4Any such medical test shall be performed only by appropriately
5licensed medical practitioners and may include an analysis of
6any bodily fluids as well as an examination of the defendant's
7person. Except as otherwise provided by law, the results of
8such test shall be kept strictly confidential by all medical
9personnel involved in the testing and must be personally
10delivered in a sealed envelope to the judge of the court in
11which the conviction was entered for the judge's inspection in
12camera. Acting in accordance with the best interests of the
13victim and the public, the judge shall have the discretion to
14determine to whom, if anyone, the results of the testing may be
15revealed. The court shall notify the defendant of the test
16results. The court shall also notify the victim if requested by
17the victim, and if the victim is under the age of 15 and if
18requested by the victim's parents or legal guardian, the court
19shall notify the victim's parents or legal guardian of the test
20results. The court shall provide information on the
21availability of HIV testing and counseling at Department of
22Public Health facilities to all parties to whom the results of
23the testing are revealed and shall direct the State's Attorney
24to provide the information to the victim when possible. A
25State's Attorney may petition the court to obtain the results
26of any HIV test administered under this Section, and the court

 

 

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1shall grant the disclosure if the State's Attorney shows it is
2relevant in order to prosecute a charge of criminal
3transmission of HIV under Section 12-5.01 or 12-16.2 of the
4Criminal Code of 1961 or the Criminal Code of 2012 against the
5defendant. The court shall order that the cost of any such test
6shall be paid by the county and may be taxed as costs against
7the convicted defendant.
8    (g-5) When an inmate is tested for an airborne communicable
9disease, as determined by the Illinois Department of Public
10Health including but not limited to tuberculosis, the results
11of the test shall be personally delivered by the warden or his
12or her designee in a sealed envelope to the judge of the court
13in which the inmate must appear for the judge's inspection in
14camera if requested by the judge. Acting in accordance with the
15best interests of those in the courtroom, the judge shall have
16the discretion to determine what if any precautions need to be
17taken to prevent transmission of the disease in the courtroom.
18    (h) Whenever a defendant is convicted of an offense under
19Section 1 or 2 of the Hypodermic Syringes and Needles Act, the
20defendant shall undergo medical testing to determine whether
21the defendant has been exposed to human immunodeficiency virus
22(HIV) or any other identified causative agent of acquired
23immunodeficiency syndrome (AIDS). Except as otherwise provided
24by law, the results of such test shall be kept strictly
25confidential by all medical personnel involved in the testing
26and must be personally delivered in a sealed envelope to the

 

 

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1judge of the court in which the conviction was entered for the
2judge's inspection in camera. Acting in accordance with the
3best interests of the public, the judge shall have the
4discretion to determine to whom, if anyone, the results of the
5testing may be revealed. The court shall notify the defendant
6of a positive test showing an infection with the human
7immunodeficiency virus (HIV). The court shall provide
8information on the availability of HIV testing and counseling
9at Department of Public Health facilities to all parties to
10whom the results of the testing are revealed and shall direct
11the State's Attorney to provide the information to the victim
12when possible. A State's Attorney may petition the court to
13obtain the results of any HIV test administered under this
14Section, and the court shall grant the disclosure if the
15State's Attorney shows it is relevant in order to prosecute a
16charge of criminal transmission of HIV under Section 12-5.01 or
1712-16.2 of the Criminal Code of 1961 or the Criminal Code of
182012 against the defendant. The court shall order that the cost
19of any such test shall be paid by the county and may be taxed as
20costs against the convicted defendant.
21    (i) All fines and penalties imposed under this Section for
22any violation of Chapters 3, 4, 6, and 11 of the Illinois
23Vehicle Code, or a similar provision of a local ordinance, and
24any violation of the Child Passenger Protection Act, or a
25similar provision of a local ordinance, shall be collected and
26disbursed by the circuit clerk as provided under Section 27.5

 

 

HB5980- 19 -LRB100 23930 RLC 43003 b

1of the Clerks of Courts Act.
2    (j) In cases when prosecution for any violation of Section
311-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-8, 11-9,
411-11, 11-14, 11-14.3, 11-14.4, 11-15, 11-15.1, 11-16, 11-17,
511-17.1, 11-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 11-20.1,
611-20.1B, 11-20.3, 11-21, 11-30, 11-40, 12-13, 12-14, 12-14.1,
712-15, or 12-16 of the Criminal Code of 1961 or the Criminal
8Code of 2012, any violation of the Illinois Controlled
9Substances Act, any violation of the Cannabis Control Act, or
10any violation of the Methamphetamine Control and Community
11Protection Act results in conviction, a disposition of court
12supervision, or an order of probation granted under Section 10
13of the Cannabis Control Act, Section 410 of the Illinois
14Controlled Substances Act, or Section 70 of the Methamphetamine
15Control and Community Protection Act of a defendant, the court
16shall determine whether the defendant is employed by a facility
17or center as defined under the Child Care Act of 1969, a public
18or private elementary or secondary school, or otherwise works
19with children under 18 years of age on a daily basis. When a
20defendant is so employed, the court shall order the Clerk of
21the Court to send a copy of the judgment of conviction or order
22of supervision or probation to the defendant's employer by
23certified mail. If the employer of the defendant is a school,
24the Clerk of the Court shall direct the mailing of a copy of
25the judgment of conviction or order of supervision or probation
26to the appropriate regional superintendent of schools. The

 

 

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

 

 

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1whose mandatory supervised release term has been revoked under
2this subsection (j-5) as provided in Section 3-3-9. This
3subsection (j-5) does not apply to a defendant who has a high
4school diploma or has successfully passed high school
5equivalency testing. This subsection (j-5) does not apply to a
6defendant who is determined by the court to be a person with a
7developmental disability or otherwise mentally incapable of
8completing the educational or vocational program.
9    (k) (Blank).
10    (l) (A) Except as provided in paragraph (C) of subsection
11(l), whenever a defendant, who is an alien as defined by the
12Immigration and Nationality Act, is convicted of any felony or
13misdemeanor offense, the court after sentencing the defendant
14may, upon motion of the State's Attorney, hold sentence in
15abeyance and remand the defendant to the custody of the
16Attorney General of the United States or his or her designated
17agent to be deported when:
18        (1) a final order of deportation has been issued
19    against the defendant pursuant to proceedings under the
20    Immigration and Nationality Act, and
21        (2) the deportation of the defendant would not
22    deprecate the seriousness of the defendant's conduct and
23    would not be inconsistent with the ends of justice.
24    Otherwise, the defendant shall be sentenced as provided in
25this Chapter V.
26    (B) If the defendant has already been sentenced for a

 

 

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1felony or misdemeanor offense, or has been placed on probation
2under Section 10 of the Cannabis Control Act, Section 410 of
3the Illinois Controlled Substances Act, or Section 70 of the
4Methamphetamine Control and Community Protection Act, the
5court may, upon motion of the State's Attorney to suspend the
6sentence imposed, commit the defendant to the custody of the
7Attorney General of the United States or his or her designated
8agent 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    (C) This subsection (l) does not apply to offenders who are
16subject to the provisions of paragraph (2) of subsection (a) of
17Section 3-6-3.
18    (D) Upon motion of the State's Attorney, if a defendant
19sentenced under this Section returns to the jurisdiction of the
20United States, the defendant shall be recommitted to the
21custody of the county from which he or she was sentenced.
22Thereafter, the defendant shall be brought before the
23sentencing court, which may impose any sentence that was
24available under Section 5-5-3 at the time of initial
25sentencing. In addition, the defendant shall not be eligible
26for additional earned sentence credit as provided under Section

 

 

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13-6-3.
2    (m) A person convicted of criminal defacement of property
3under Section 21-1.3 of the Criminal Code of 1961 or the
4Criminal Code of 2012, in which the property damage exceeds
5$300 and the property damaged is a school building, shall be
6ordered to perform community service that may include cleanup,
7removal, or painting over the defacement.
8    (n) The court may sentence a person convicted of a
9violation of Section 12-19, 12-21, 16-1.3, or 17-56, or
10subsection (a) or (b) of Section 12-4.4a, of the Criminal Code
11of 1961 or the Criminal Code of 2012 (i) to an impact
12incarceration program if the person is otherwise eligible for
13that program under Section 5-8-1.1, (ii) to community service,
14or (iii) if the person is an addict or alcoholic, as defined in
15the Alcoholism and Other Drug Abuse and Dependency Act, to a
16substance or alcohol abuse program licensed under that Act.
17    (o) Whenever a person is convicted of a sex offense as
18defined in Section 2 of the Sex Offender Registration Act, the
19defendant's driver's license or permit shall be subject to
20renewal on an annual basis in accordance with the provisions of
21license renewal established by the Secretary of State.
22(Source: P.A. 99-143, eff. 7-27-15; 99-885, eff. 8-23-16;
2399-938, eff. 1-1-18; 100-575, eff. 1-8-18.)