Rep. Paul Jacobs

Filed: 3/1/2023

 

 


 

 


 
10300HB2357ham001LRB103 27484 RLC 57817 a

1
AMENDMENT TO HOUSE BILL 2357

2    AMENDMENT NO. ______. Amend House Bill 2357 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Unified Code of Corrections is amended by
5changing Section 5-5-3 as follows:
 
6    (730 ILCS 5/5-5-3)
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
13following offenses. The court shall sentence the offender to
14not less than the minimum term of imprisonment set forth in
15this Code for the following offenses, and may order a fine or
16restitution or both in conjunction with such term of

 

 

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1imprisonment:
2        (A) First degree murder where the death penalty is not
3    imposed.
4        (B) Attempted first degree murder.
5        (C) A Class X felony.
6        (D) A violation of Section 401.1 or 407 of the
7    Illinois Controlled Substances Act, or a violation of
8    subdivision (c)(1.5) of Section 401 of that Act which
9    relates to more than 5 grams of a substance containing
10    fentanyl or an analog thereof.
11        (D-5) A violation of subdivision (c)(1) of Section 401
12    of the Illinois Controlled Substances Act which relates to
13    3 or more grams of a substance containing heroin or an
14    analog thereof.
15        (E) (Blank).
16        (F) A Class 1 or greater felony if the offender had
17    been convicted of a Class 1 or greater felony, including
18    any state or federal conviction for an offense that
19    contained, at the time it was committed, the same elements
20    as an offense now (the date of the offense committed after
21    the prior Class 1 or greater felony) classified as a Class
22    1 or greater felony, within 10 years of the date on which
23    the offender committed the offense for which he or she is
24    being sentenced, except as otherwise provided in Section
25    40-10 of the Substance Use Disorder Act.
26        (F-3) A Class 2 or greater felony sex offense or

 

 

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1    felony firearm offense if the offender had been convicted
2    of a Class 2 or greater felony, including any state or
3    federal conviction for an offense that contained, at the
4    time it was committed, the same elements as an offense now
5    (the date of the offense committed after the prior Class 2
6    or greater felony) classified as a Class 2 or greater
7    felony, within 10 years of the date on which the offender
8    committed the offense for which he or she is being
9    sentenced, except as otherwise provided in Section 40-10
10    of the Substance Use Disorder Act.
11        (F-5) A violation of Section 24-1, 24-1.1, or 24-1.6
12    of the Criminal Code of 1961 or the Criminal Code of 2012
13    for which imprisonment is prescribed in those Sections.
14        (G) Residential burglary, except as otherwise provided
15    in Section 40-10 of the Substance Use Disorder Act.
16        (H) Criminal sexual assault.
17        (I) Aggravated battery of a senior citizen as
18    described in Section 12-4.6 or subdivision (a)(4) of
19    Section 12-3.05 of the Criminal Code of 1961 or the
20    Criminal Code of 2012.
21        (J) A forcible felony if the offense was related to
22    the activities of an organized gang.
23        Before July 1, 1994, for the purposes of this
24    paragraph, "organized gang" means an association of 5 or
25    more persons, with an established hierarchy, that
26    encourages members of the association to perpetrate crimes

 

 

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1    or provides support to the members of the association who
2    do commit crimes.
3        Beginning July 1, 1994, for the purposes of this
4    paragraph, "organized gang" has the meaning ascribed to it
5    in Section 10 of the Illinois Streetgang Terrorism Omnibus
6    Prevention Act.
7        (K) Vehicular hijacking.
8        (L) A second or subsequent conviction for the offense
9    of hate crime when the underlying offense upon which the
10    hate crime is based is felony aggravated assault or felony
11    mob action.
12        (M) A second or subsequent conviction for the offense
13    of institutional vandalism if the damage to the property
14    exceeds $300.
15        (N) A Class 3 felony violation of paragraph (1) of
16    subsection (a) of Section 2 of the Firearm Owners
17    Identification Card Act.
18        (O) A violation of Section 12-6.1 or 12-6.5 of the
19    Criminal Code of 1961 or the Criminal Code of 2012.
20        (P) A violation of paragraph (1), (2), (3), (4), (5),
21    or (7) of subsection (a) of Section 11-20.1 of the
22    Criminal Code of 1961 or the Criminal Code of 2012.
23        (P-5) A violation of paragraph (6) of subsection (a)
24    of Section 11-20.1 of the Criminal Code of 1961 or the
25    Criminal Code of 2012 if the victim is a household or
26    family member of the defendant.

 

 

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1        (Q) A violation of subsection (b) or (b-5) of Section
2    20-1, Section 20-1.2, or Section 20-1.3 of the Criminal
3    Code of 1961 or the Criminal Code of 2012.
4        (R) A violation of Section 24-3A of the Criminal Code
5    of 1961 or the Criminal Code of 2012.
6        (S) (Blank).
7        (T) (Blank).
8        (U) A second or subsequent violation of Section 6-303
9    of the Illinois Vehicle Code committed while his or her
10    driver's license, permit, or privilege was revoked because
11    of a violation of Section 9-3 of the Criminal Code of 1961
12    or the Criminal Code of 2012, relating to the offense of
13    reckless homicide, or a similar provision of a law of
14    another state.
15        (V) A violation of paragraph (4) of subsection (c) of
16    Section 11-20.1B or paragraph (4) of subsection (c) of
17    Section 11-20.3 of the Criminal Code of 1961, or paragraph
18    (6) of subsection (a) of Section 11-20.1 of the Criminal
19    Code of 2012 when the victim is under 13 years of age and
20    the defendant has previously been convicted under the laws
21    of this State or any other state of the offense of child
22    pornography, aggravated child pornography, aggravated
23    criminal sexual abuse, aggravated criminal sexual assault,
24    predatory criminal sexual assault of a child, or any of
25    the offenses formerly known as rape, deviate sexual
26    assault, indecent liberties with a child, or aggravated

 

 

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

 

 

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1        (EE) A conviction for a violation of paragraph (2) of
2    subsection (a) of Section 24-3B of the Criminal Code of
3    2012.
4        (FF) A conviction for a felony committed while armed
5    with a firearm.
6    (3) (Blank).
7    (4) A minimum term of imprisonment of not less than 10
8consecutive days or 30 days of community service shall be
9imposed for a violation of paragraph (c) of Section 6-303 of
10the Illinois Vehicle Code.
11    (4.1) (Blank).
12    (4.2) Except as provided in paragraphs (4.3) and (4.8) of
13this subsection (c), a minimum of 100 hours of community
14service shall be imposed for a second violation of Section
156-303 of the Illinois Vehicle Code.
16    (4.3) A minimum term of imprisonment of 30 days or 300
17hours of community service, as determined by the court, shall
18be imposed for a second violation of subsection (c) of Section
196-303 of the Illinois Vehicle Code.
20    (4.4) Except as provided in paragraphs (4.5), (4.6), and
21(4.9) of this subsection (c), a minimum term of imprisonment
22of 30 days or 300 hours of community service, as determined by
23the court, shall be imposed for a third or subsequent
24violation of Section 6-303 of the Illinois Vehicle Code. The
25court may give credit toward the fulfillment of community
26service hours for participation in activities and treatment as

 

 

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1determined by court services.
2    (4.5) A minimum term of imprisonment of 30 days shall be
3imposed for a third violation of subsection (c) of Section
46-303 of the Illinois Vehicle Code.
5    (4.6) Except as provided in paragraph (4.10) of this
6subsection (c), a minimum term of imprisonment of 180 days
7shall be imposed for a fourth or subsequent violation of
8subsection (c) of Section 6-303 of the Illinois Vehicle Code.
9    (4.7) A minimum term of imprisonment of not less than 30
10consecutive days, or 300 hours of community service, shall be
11imposed for a violation of subsection (a-5) of Section 6-303
12of the Illinois Vehicle Code, as provided in subsection (b-5)
13of that Section.
14    (4.8) A mandatory prison sentence shall be imposed for a
15second violation of subsection (a-5) of Section 6-303 of the
16Illinois Vehicle Code, as provided in subsection (c-5) of that
17Section. The person's driving privileges shall be revoked for
18a period of not less than 5 years from the date of his or her
19release from prison.
20    (4.9) A mandatory prison sentence of not less than 4 and
21not more than 15 years shall be imposed for a third violation
22of subsection (a-5) of Section 6-303 of the Illinois Vehicle
23Code, as provided in subsection (d-2.5) of that Section. The
24person's driving privileges shall be revoked for the remainder
25of his or her life.
26    (4.10) A mandatory prison sentence for a Class 1 felony

 

 

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

 

 

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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,
16permit, or privileges suspended for an additional 6 months
17after the expiration of the original 3-month suspension and
18until he or she 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
23offense of ritualized abuse of a child may be sentenced to a
24term of natural 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
3battery when the individual harmed was a sports official or
4coach at any level of competition and the act causing harm to
5the sports official or coach occurred within an athletic
6facility or within the immediate vicinity of the athletic
7facility at which the sports official or coach was an active
8participant of the athletic contest held at the athletic
9facility. For the purposes of this paragraph (11), "sports
10official" means a person at an athletic contest who enforces
11the rules of the contest, such as an umpire or referee;
12"athletic facility" means an indoor or outdoor playing field
13or recreational area where sports activities are conducted;
14and "coach" means a person recognized as a coach by the
15sanctioning authority that conducted 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    (14) If a person is convicted of an offense while armed
5with a firearm and causes death or great bodily harm to another
6person with the firearm, the court shall impose an additional
715-year sentence upon the person, in addition to the sentence
8imposed for the offense.
9    (d) In any case in which a sentence originally imposed is
10vacated, the case shall be remanded to the trial court. The
11trial court shall hold a hearing under Section 5-4-1 of this
12Code which may include evidence of the defendant's life, moral
13character and occupation during the time since the original
14sentence was passed. The trial court shall then impose
15sentence upon the defendant. The trial court may impose any
16sentence which could have been imposed at the original trial
17subject to Section 5-5-4 of this Code. If a sentence is vacated
18on appeal or on collateral attack due to the failure of the
19trier of fact at trial to determine beyond a reasonable doubt
20the existence of a fact (other than a prior conviction)
21necessary to increase the punishment for the offense beyond
22the statutory maximum otherwise applicable, either the
23defendant may be re-sentenced to a term within the range
24otherwise provided or, if the State files notice of its
25intention to again seek the extended sentence, the defendant
26shall be afforded a new trial.

 

 

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

 

 

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1    assets, that the defendant is financially capable of
2    paying for such services, if the victim was under 18 years
3    of age at the time the offense was committed and requires
4    counseling as a result of the offense.
5    Probation may be revoked or modified pursuant to Section
65-6-4; except where the court determines at the hearing that
7the defendant violated a condition of his or her probation
8restricting contact with the victim or other family members or
9commits another offense with the victim or other family
10members, the court shall revoke the defendant's probation and
11impose a term of imprisonment.
12    For the purposes of this Section, "family member" and
13"victim" shall have the meanings ascribed to them in Section
1411-0.1 of the Criminal Code of 2012.
15    (f) (Blank).
16    (g) Whenever a defendant is convicted of an offense under
17Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-14,
1811-14.3, 11-14.4 except for an offense that involves keeping a
19place of juvenile prostitution, 11-15, 11-15.1, 11-16, 11-17,
2011-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 12-13, 12-14,
2112-14.1, 12-15, or 12-16 of the Criminal Code of 1961 or the
22Criminal Code of 2012, the defendant shall undergo medical
23testing to determine whether the defendant has any sexually
24transmissible disease, including a test for infection with
25human immunodeficiency virus (HIV) or any other identified
26causative agent of acquired immunodeficiency syndrome (AIDS).

 

 

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1Any such medical test shall be performed only by appropriately
2licensed medical practitioners and may include an analysis of
3any bodily fluids as well as an examination of the defendant's
4person. Except as otherwise provided by law, the results of
5such test shall be kept strictly confidential by all medical
6personnel involved in the testing and must be personally
7delivered in a sealed envelope to the judge of the court in
8which the conviction was entered for the judge's inspection in
9camera. Acting in accordance with the best interests of the
10victim and the public, the judge shall have the discretion to
11determine to whom, if anyone, the results of the testing may be
12revealed. The court shall notify the defendant of the test
13results. The court shall also notify the victim if requested
14by the victim, and if the victim is under the age of 15 and if
15requested by the victim's parents or legal guardian, the court
16shall notify the victim's parents or legal guardian of the
17test results. The court shall provide information on the
18availability of HIV testing and counseling at Department of
19Public Health facilities to all parties to whom the results of
20the testing are revealed and shall direct the State's Attorney
21to provide the information to the victim when possible. The
22court shall order that the cost of any such test shall be paid
23by the county and may be taxed as costs against the convicted
24defendant.
25    (g-5) When an inmate is tested for an airborne
26communicable disease, as determined by the Illinois Department

 

 

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

 

 

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1at Department of Public Health facilities to all parties to
2whom the results of the testing are revealed and shall direct
3the State's Attorney to provide the information to the victim
4when possible. The court shall order that the cost of any such
5test shall be paid by the county and may be taxed as costs
6against the convicted defendant.
7    (i) All fines and penalties imposed under this Section for
8any violation of Chapters 3, 4, 6, and 11 of the Illinois
9Vehicle Code, or a similar provision of a local ordinance, and
10any violation of the Child Passenger Protection Act, or a
11similar provision of a local ordinance, shall be collected and
12disbursed by the circuit clerk as provided under the Criminal
13and Traffic Assessment Act.
14    (j) In cases when prosecution for any violation of Section
1511-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-8, 11-9,
1611-11, 11-14, 11-14.3, 11-14.4, 11-15, 11-15.1, 11-16, 11-17,
1711-17.1, 11-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 11-20.1,
1811-20.1B, 11-20.3, 11-21, 11-30, 11-40, 12-13, 12-14, 12-14.1,
1912-15, or 12-16 of the Criminal Code of 1961 or the Criminal
20Code of 2012, any violation of the Illinois Controlled
21Substances Act, any violation of the Cannabis Control Act, or
22any violation of the Methamphetamine Control and Community
23Protection Act results in conviction, a disposition of court
24supervision, or an order of probation granted under Section 10
25of the Cannabis Control Act, Section 410 of the Illinois
26Controlled Substances Act, or Section 70 of the

 

 

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

 

 

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

 

 

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

 

 

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1    deprecate the seriousness of the defendant's conduct and
2    would not be inconsistent with the ends of justice.
3    (C) This subsection (l) does not apply to offenders who
4are subject to the provisions of paragraph (2) of subsection
5(a) of Section 3-6-3.
6    (D) Upon motion of the State's Attorney, if a defendant
7sentenced under this Section returns to the jurisdiction of
8the United States, the defendant shall be recommitted to the
9custody of the county from which he or she was sentenced.
10Thereafter, the defendant shall be brought before the
11sentencing court, which may impose any sentence that was
12available under Section 5-5-3 at the time of initial
13sentencing. In addition, the defendant shall not be eligible
14for additional earned sentence credit as provided under
15Section 3-6-3.
16    (m) A person convicted of criminal defacement of property
17under Section 21-1.3 of the Criminal Code of 1961 or the
18Criminal Code of 2012, in which the property damage exceeds
19$300 and the property damaged is a school building, shall be
20ordered to perform community service that may include cleanup,
21removal, or painting over the defacement.
22    (n) The court may sentence a person convicted of a
23violation of Section 12-19, 12-21, 16-1.3, or 17-56, or
24subsection (a) or (b) of Section 12-4.4a, of the Criminal Code
25of 1961 or the Criminal Code of 2012 (i) to an impact
26incarceration program if the person is otherwise eligible for

 

 

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1that program under Section 5-8-1.1, (ii) to community service,
2or (iii) if the person has a substance use disorder, as defined
3in the Substance Use Disorder Act, to a treatment program
4licensed under that Act.
5    (o) Whenever a person is convicted of a sex offense as
6defined in Section 2 of the Sex Offender Registration Act, the
7defendant's driver's license or permit shall be subject to
8renewal on an annual basis in accordance with the provisions
9of license renewal established by the Secretary of State.
10(Source: P.A. 101-81, eff. 7-12-19; 102-168, eff. 7-27-21;
11102-531, eff. 1-1-22; 102-813, eff. 5-13-22; 102-1030, eff.
125-27-22.)".