093_HB0562sam001











                                     LRB093 05564 RLC 15141 a

 1                     AMENDMENT TO HOUSE BILL 562

 2        AMENDMENT NO.     .  Amend House Bill  562  by  replacing
 3    everything after the enacting clause with the following:

 4        "Section  5.   The  Criminal  Code  of 1961 is amended by
 5    changing Sections 12-12, 12-13, and 12-16 as follows:

 6        (720 ILCS 5/12-12) (from Ch. 38, par. 12-12)
 7        Sec. 12-12.  Definitions.  For the purposes  of  Sections
 8    12-13  through  12-18  of  this Code, the terms used in these
 9    Sections shall have the following meanings ascribed to them:
10        (a)  "Accused" means  a  person  accused  of  an  offense
11    prohibited  by  Sections 12-13, 12-14, 12-15 or 12-16 of this
12    Code or a person for whose conduct  the  accused  is  legally
13    responsible under Article 5 of this Code.
14        (b)  "Bodily harm" means physical harm, and includes, but
15    is  not  limited  to, sexually transmitted disease, pregnancy
16    and impotence.
17        (c)  (Blank) "Family member" means a parent, grandparent,
18    or child, whether by whole blood, half-blood or adoption  and
19    includes   a  step-grandparent,  step-parent  or  step-child.
20    "Family member" also means, where the victim is a child under
21    18 years of age, an accused who has resided in the  household
22    with such child continuously for at least one year.
 
                            -2-      LRB093 05564 RLC 15141 a
 1        (d)  "Force or threat of force" means the use of force or
 2    violence,  or  the threat of force or violence, including but
 3    not limited to the following situations:
 4             (1)  when the accused  threatens  to  use  force  or
 5        violence  on  the  victim or on any other person, and the
 6        victim under the circumstances reasonably  believed  that
 7        the accused had the ability to execute that threat; or
 8             (2)  when the accused has overcome the victim by use
 9        of  superior  strength  or  size,  physical  restraint or
10        physical confinement.
11        (e)  "Sexual conduct" means any  intentional  or  knowing
12    touching  or  fondling  by  the victim or the accused, either
13    directly or through clothing, of  the  sex  organs,  anus  or
14    breast  of the victim or the accused, or any part of the body
15    of a child  under  13  years  of  age,  or  any  transfer  or
16    transmission  of  semen  by  the accused upon any part of the
17    clothed or unclothed body of the victim, for the  purpose  of
18    sexual gratification or arousal of the victim or the accused.
19        (f)  "Sexual  penetration"  means  any  contact,  however
20    slight,  between  the  sex  organ or anus of one person by an
21    object, the sex organ, mouth or anus of  another  person,  or
22    any intrusion, however slight, of any part of the body of one
23    person  or of any animal or object into the sex organ or anus
24    of another person, including but not limited to  cunnilingus,
25    fellatio  or anal penetration.  Evidence of emission of semen
26    is not required to prove sexual penetration.
27        (g)  "Victim"  means  a  person  alleging  to  have  been
28    subjected to an offense prohibited by Sections 12-13,  12-14,
29    12-15 or 12-16 of this Code.
30    (Source: P.A. 91-116, eff. 1-1-00.)

31        (720 ILCS 5/12-13) (from Ch. 38, par. 12-13)
32        Sec. 12-13.  Criminal Sexual Assault.
33        (a)  The accused commits criminal sexual assault if he or
 
                            -3-      LRB093 05564 RLC 15141 a
 1    she:
 2             (1)  commits an act of sexual penetration by the use
 3        of force or threat of force; or
 4             (2)  commits  an  act  of sexual penetration and the
 5        accused knew that the victim was unable to understand the
 6        nature of the act or was unable to give knowing  consent;
 7        or
 8             (3)  (blank)  commits  an  act of sexual penetration
 9        with a victim who was under 18 years of age when the  act
10        was committed and the accused was a family member; or
11             (4)  commits  an  act  of  sexual penetration with a
12        victim who was at least 13 years  of  age  but  under  18
13        years  of  age when the act was committed and the accused
14        was 17 years of age or over and held a position of trust,
15        authority or supervision in relation to the victim.
16        (b)  Sentence.
17             (1) Criminal sexual assault is a Class 1 felony.
18             (2)  A person who is convicted  of  the  offense  of
19        criminal sexual assault as defined in paragraph (a)(1) or
20        (a)(2)  after  having  previously  been  convicted of the
21        offense of criminal sexual assault, or who  is  convicted
22        of  the  offense of criminal sexual assault as defined in
23        paragraph (a)(1) or (a)(2) after having  previously  been
24        convicted under the laws of this State or any other state
25        of  an  offense  that  is substantially equivalent to the
26        offense of criminal sexual assault,  commits  a  Class  X
27        felony  for which the person shall be sentenced to a term
28        of imprisonment of not less than 30 years  and  not  more
29        than   60   years.   The  commission  of  the  second  or
30        subsequent offense is required to  have  been  after  the
31        initial conviction for this paragraph (2) to apply.
32             (3)  A  person  who  is  convicted of the offense of
33        criminal sexual assault as defined in paragraph (a)(1) or
34        (a)(2) after having  previously  been  convicted  of  the
 
                            -4-      LRB093 05564 RLC 15141 a
 1        offense  of  aggravated  criminal  sexual  assault or the
 2        offense of predatory criminal sexual assault of a  child,
 3        or  who  is  convicted  of the offense of criminal sexual
 4        assault as defined in paragraph (a)(1)  or  (a)(2)  after
 5        having  previously  been convicted under the laws of this
 6        State  or  any  other  state  of  an  offense   that   is
 7        substantially  equivalent  to  the  offense of aggravated
 8        criminal  sexual  assault  or  the  offense  of  criminal
 9        predatory sexual assault shall be sentenced to a term  of
10        natural  life imprisonment.  The commission of the second
11        or subsequent offense is required to have been after  the
12        initial conviction for this paragraph (3) to apply.
13             (4)  A   second   or  subsequent  conviction  for  a
14        violation of paragraph (a)(3)  or  (a)(4)  or  under  any
15        similar  statute of this State or any other state for any
16        offense  involving  criminal  sexual  assault   that   is
17        substantially  equivalent  to  or  more  serious than the
18        sexual  assault  prohibited  under  paragraph  (a)(3)  or
19        (a)(4) is a Class X felony.
20             (5)  When a person has any  such  prior  conviction,
21        the  information or indictment charging that person shall
22        state such prior conviction so as to give notice  of  the
23        State's  intention  to  treat  the  charge  as  a Class X
24        felony.  The fact of such  prior  conviction  is  not  an
25        element  of  the  offense and may not be disclosed to the
26        jury during trial unless otherwise  permitted  by  issues
27        properly raised during such trial.
28    (Source: P.A. 90-396, eff. 1-1-98.)

29        (720 ILCS 5/12-16) (from Ch. 38, par. 12-16)
30        Sec. 12-16.  Aggravated Criminal Sexual Abuse.
31        (a)  The accused commits aggravated criminal sexual abuse
32    if  he  or  she  commits  criminal sexual abuse as defined in
33    subsection (a) of Section 12-15 of this Code and any  of  the
 
                            -5-      LRB093 05564 RLC 15141 a
 1    following  aggravating  circumstances  existed during, or for
 2    the purposes of paragraph (7) of this subsection (a) as  part
 3    of  the  same  course  of  conduct  as, the commission of the
 4    offense:
 5             (1)  the accused displayed,  threatened  to  use  or
 6        used  a  dangerous  weapon  or  any  object  fashioned or
 7        utilized in such a manner as to lead the victim under the
 8        circumstances reasonably to believe it to be a  dangerous
 9        weapon; or
10             (2)  the  accused  caused bodily harm to the victim;
11        or
12             (3)  the victim was 60 years of age or over when the
13        offense was committed; or
14             (4)  the victim was a physically handicapped person;
15        or
16             (5)  the accused  acted  in  such  a  manner  as  to
17        threaten  or endanger the life of the victim or any other
18        person; or
19             (6)  the  criminal  sexual  abuse  was   perpetrated
20        during   the   course  of  the  commission  or  attempted
21        commission of any other felony by the accused; or
22             (7)  the   accused    delivered    (by    injection,
23        inhalation,  ingestion,  transfer  of  possession, or any
24        other means) to the victim without his or her consent, or
25        by threat  or  deception,  and  for  other  than  medical
26        purposes, any controlled substance.
27        (b)  (Blank)  The  accused  commits  aggravated  criminal
28    sexual   abuse  if  he  or  she  commits  an  act  of  sexual
29    conduct  with a victim who was under 18 years of age when the
30    act was committed and the accused was a family member.
31        (c)  The accused commits aggravated criminal sexual abuse
32    if:
33             (1)  the accused was 17 years of age or over and (i)
34        commits an act of sexual conduct with a  victim  who  was
 
                            -6-      LRB093 05564 RLC 15141 a
 1        under 13 years of age when the act was committed; or (ii)
 2        commits an act of sexual conduct with a victim who was at
 3        least  13 years of age but under 17 years of age when the
 4        act was committed and the accused used force or threat of
 5        force to commit the act; or
 6             (2)  the accused was under 17 years of age  and  (i)
 7        commits  an  act  of sexual conduct with a victim who was
 8        under 9 years of age when the act was committed; or  (ii)
 9        commits an act of sexual conduct with a victim who was at
10        least  9  years of age but under 17 years of age when the
11        act was committed and the accused used force or threat of
12        force to commit the act.
13        (d)  The accused commits aggravated criminal sexual abuse
14    if he or she commits an act of sexual penetration  or  sexual
15    conduct  with  a  victim who was at least 13 years of age but
16    under 17 years of age and the accused was at  least  5  years
17    older than the victim.
18        (e)  The accused commits aggravated criminal sexual abuse
19    if  he  or she commits an act of sexual conduct with a victim
20    who was a severely or profoundly mentally retarded person  at
21    the time the act was committed.
22        (f)  The accused commits aggravated criminal sexual abuse
23    if  he  or she commits an act of sexual conduct with a victim
24    who was at least 13 years of age but under 18  years  of  age
25    when  the  act  was committed and the accused was 17 years of
26    age or over and  held  a  position  of  trust,  authority  or
27    supervision in relation to the victim.
28        (g)  Sentence.   Aggravated  criminal  sexual  abuse is a
29    Class 2 felony.
30    (Source: P.A. 92-434, eff. 1-1-02.)

31        Section 10.  The Unified Code of Corrections  is  amended
32    by changing Sections 5-5-3 and 5-9-1.7 as follows:
 
                            -7-      LRB093 05564 RLC 15141 a
 1        (730 ILCS 5/5-5-3) (from Ch. 38, par. 1005-5-3)
 2        Sec. 5-5-3.  Disposition.
 3        (a)  Every  person  convicted  of  an  offense  shall  be
 4    sentenced as provided in this Section.
 5        (b)  The   following   options   shall   be   appropriate
 6    dispositions,  alone  or in combination, for all felonies and
 7    misdemeanors other than those identified in subsection (c) of
 8    this Section:
 9             (1)  A period of probation.
10             (2)  A term of periodic imprisonment.
11             (3)  A term of conditional discharge.
12             (4)  A term of imprisonment.
13             (5)  An order directing the offender to clean up and
14        repair the damage, if the offender  was  convicted  under
15        paragraph  (h)  of  Section  21-1 of the Criminal Code of
16        1961.
17             (6)  A fine.
18             (7)  An  order  directing  the  offender   to   make
19        restitution  to  the  victim  under Section 5-5-6 of this
20        Code.
21             (8)  A sentence of participation in a county  impact
22        incarceration program under Section 5-8-1.2 of this Code.
23        Whenever  an individual is sentenced for an offense based
24    upon an arrest for a  violation  of  Section  11-501  of  the
25    Illinois  Vehicle  Code,  or  a  similar provision of a local
26    ordinance,  and  the   professional   evaluation   recommends
27    remedial  or  rehabilitative  treatment or education, neither
28    the treatment nor the education shall be the sole disposition
29    and either or both may be imposed only  in  conjunction  with
30    another  disposition. The court shall monitor compliance with
31    any remedial education or treatment recommendations contained
32    in the professional evaluation.  Programs conducting  alcohol
33    or  other  drug  evaluation  or  remedial  education  must be
34    licensed by the Department of Human  Services.   However,  if
 
                            -8-      LRB093 05564 RLC 15141 a
 1    the  individual  is not a resident of Illinois, the court may
 2    accept an  alcohol  or  other  drug  evaluation  or  remedial
 3    education   program   in   the  state  of  such  individual's
 4    residence.  Programs providing  treatment  must  be  licensed
 5    under  existing  applicable  alcoholism  and  drug  treatment
 6    licensure standards.
 7        In addition to any other fine or penalty required by law,
 8    any  individual convicted of a violation of Section 11-501 of
 9    the Illinois Vehicle Code or a  similar  provision  of  local
10    ordinance,  whose  operation  of  a  motor  vehicle  while in
11    violation of Section 11-501  or  such  ordinance  proximately
12    caused  an  incident  resulting  in  an appropriate emergency
13    response, shall be required to make restitution to  a  public
14    agency  for  the  costs  of  that  emergency  response.  Such
15    restitution shall not exceed $500 per public agency for  each
16    such  emergency response.  For the purpose of this paragraph,
17    emergency  response  shall  mean  any  incident  requiring  a
18    response by: a police officer as defined under Section  1-162
19    of  the Illinois Vehicle Code; a fireman carried on the rolls
20    of a regularly constituted fire department; and an  ambulance
21    as  defined  under Section 3.85 4.05 of the Emergency Medical
22    Services (EMS) Systems Act.
23        Neither  a  fine  nor  restitution  shall  be  the   sole
24    disposition  for  a  felony and either or both may be imposed
25    only in conjunction with another disposition.
26        (c) (1)  When a defendant is found guilty of first degree
27        murder  the  State  may  either  seek   a   sentence   of
28        imprisonment  under  Section 5-8-1 of this Code, or where
29        appropriate seek a sentence of death under Section 9-1 of
30        the Criminal Code of 1961.
31             (2)  A period  of  probation,  a  term  of  periodic
32        imprisonment   or  conditional  discharge  shall  not  be
33        imposed for  the  following  offenses.  The  court  shall
34        sentence  the  offender to not less than the minimum term
 
                            -9-      LRB093 05564 RLC 15141 a
 1        of imprisonment set forth in this Code for the  following
 2        offenses,  and may order a fine or restitution or both in
 3        conjunction with such term of imprisonment:
 4                  (A)  First  degree  murder  where   the   death
 5             penalty is not imposed.
 6                  (B)  Attempted first degree murder.
 7                  (C)  A Class X felony.
 8                  (D)  A violation of Section 401.1 or 407 of the
 9             Illinois  Controlled  Substances Act, or a violation
10             of subdivision (c)(1) or (c)(2) of  Section  401  of
11             that  Act  which  relates  to more than 5 grams of a
12             substance containing heroin or cocaine or an  analog
13             thereof.
14                  (E)  A  violation  of  Section  5.1 or 9 of the
15             Cannabis Control Act.
16                  (F)  A  Class  2  or  greater  felony  if   the
17             offender  had been convicted of a Class 2 or greater
18             felony within 10 years of  the  date  on  which  the
19             offender  committed  the offense for which he or she
20             is being sentenced, except as otherwise provided  in
21             Section 40-10 of the Alcoholism and Other Drug Abuse
22             and Dependency Act.
23                  (G)  Residential  burglary, except as otherwise
24             provided in Section  40-10  of  the  Alcoholism  and
25             Other Drug Abuse and Dependency Act.
26                  (H)  Criminal   sexual  assault  or  aggravated
27             criminal sexual abuse, except as otherwise  provided
28             in subsection (e) of this Section.
29                  (I)  Aggravated battery of a senior citizen.
30                  (J)  A  forcible  felony  if  the  offense  was
31             related to the activities of an organized gang.
32                  Before  July  1, 1994, for the purposes of this
33             paragraph, "organized gang" means an association  of
34             5  or  more  persons, with an established hierarchy,
 
                            -10-     LRB093 05564 RLC 15141 a
 1             that  encourages  members  of  the  association   to
 2             perpetrate crimes or provides support to the members
 3             of the association who do commit crimes.
 4                  Beginning  July  1,  1994,  for the purposes of
 5             this paragraph, "organized  gang"  has  the  meaning
 6             ascribed  to  it  in  Section  10  of  the  Illinois
 7             Streetgang Terrorism Omnibus Prevention Act.
 8                  (K)  Vehicular hijacking.
 9                  (L)  A  second or subsequent conviction for the
10             offense of hate crime when  the  underlying  offense
11             upon  which  the  hate  crime  is  based  is  felony
12             aggravated assault or felony mob action.
13                  (M)  A  second or subsequent conviction for the
14             offense of institutional vandalism if the damage  to
15             the property exceeds $300.
16                  (N)  A  Class  3  felony violation of paragraph
17             (1) of subsection (a) of Section 2  of  the  Firearm
18             Owners Identification Card Act.
19                  (O)  A  violation  of  Section  12-6.1  of  the
20             Criminal Code of 1961.
21                  (P)  A  violation  of  paragraph (1), (2), (3),
22             (4), (5),  or  (7)  of  subsection  (a)  of  Section
23             11-20.1 of the Criminal Code of 1961.
24                  (Q)  A  violation  of  Section  20-1.2  of  the
25             Criminal Code of 1961.
26                  (R)  A   violation  of  Section  24-3A  of  the
27             Criminal Code of 1961.
28                  (S)  A violation of Section  11-501(c-1)(3)  of
29             the Illinois Vehicle Code.
30             (3)  A minimum term of imprisonment of not less than
31        5  days  or  30  days  of  community  service  as  may be
32        determined by the court shall be  imposed  for  a  second
33        violation   committed   within  5  years  of  a  previous
34        violation of Section 11-501 of the Illinois Vehicle  Code
 
                            -11-     LRB093 05564 RLC 15141 a
 1        or  a similar provision of a local ordinance. In the case
 2        of a third or subsequent  violation  committed  within  5
 3        years  of  a  previous violation of Section 11-501 of the
 4        Illinois Vehicle Code or a similar provision of  a  local
 5        ordinance,   a   minimum   term  of  either  10  days  of
 6        imprisonment or 60 days of  community  service  shall  be
 7        imposed.
 8             (4)  A minimum term of imprisonment of not less than
 9        10 consecutive days or 30 days of community service shall
10        be  imposed  for  a violation of paragraph (c) of Section
11        6-303 of the Illinois Vehicle Code.
12             (4.1)  A minimum term  of  30  consecutive  days  of
13        imprisonment, 40 days of 24 hour periodic imprisonment or
14        720  hours  of community service, as may be determined by
15        the court, shall be imposed for a  violation  of  Section
16        11-501  of  the  Illinois Vehicle Code during a period in
17        which the defendant's driving privileges are  revoked  or
18        suspended,  where  the revocation or suspension was for a
19        violation of Section 11-501 or Section 11-501.1  of  that
20        Code.
21             (4.2)  Except as provided in paragraph (4.3) of this
22        subsection  (c),  a  minimum  of  100  hours of community
23        service shall  be  imposed  for  a  second  violation  of
24        Section 6-303 of the Illinois Vehicle Code.
25             (4.3)  A  minimum term of imprisonment of 30 days or
26        300 hours of community  service,  as  determined  by  the
27        court,  shall  be  imposed  for  a  second  violation  of
28        subsection  (c)  of Section 6-303 of the Illinois Vehicle
29        Code.
30             (4.4)  Except as provided  in  paragraph  (4.5)  and
31        paragraph (4.6) of this subsection (c), a minimum term of
32        imprisonment  of  30  days  or  300  hours  of  community
33        service, as determined by the court, shall be imposed for
34        a  third  or subsequent violation of Section 6-303 of the
 
                            -12-     LRB093 05564 RLC 15141 a
 1        Illinois Vehicle Code.
 2             (4.5)  A minimum term of  imprisonment  of  30  days
 3        shall  be imposed for a third violation of subsection (c)
 4        of Section 6-303 of the Illinois Vehicle Code.
 5             (4.6)  A minimum term of imprisonment  of  180  days
 6        shall  be imposed for a fourth or subsequent violation of
 7        subsection (c) of Section 6-303 of the  Illinois  Vehicle
 8        Code.
 9             (5)  The court may sentence an offender convicted of
10        a business offense or a petty offense or a corporation or
11        unincorporated association convicted of any offense to:
12                  (A)  a period of conditional discharge;
13                  (B)  a fine;
14                  (C)  make   restitution  to  the  victim  under
15             Section 5-5-6 of this Code.
16             (5.1)  In addition to any  penalties  imposed  under
17        paragraph  (5)  of  this  subsection  (c),  and except as
18        provided in paragraph (5.2) or (5.3), a person  convicted
19        of  violating  subsection  (c)  of  Section 11-907 of the
20        Illinois Vehicle Code shall  have  his  or  her  driver's
21        license,  permit, or privileges suspended for at least 90
22        days but  not  more  than  one  year,  if  the  violation
23        resulted in damage to the property of another person.
24             (5.2)  In  addition  to  any penalties imposed under
25        paragraph (5) of  this  subsection  (c),  and  except  as
26        provided  in  paragraph  (5.3),  a  person  convicted  of
27        violating   subsection  (c)  of  Section  11-907  of  the
28        Illinois Vehicle Code shall  have  his  or  her  driver's
29        license, permit, or privileges suspended for at least 180
30        days but not more than 2 years, if the violation resulted
31        in injury to another person.
32             (5.3)  In  addition  to  any penalties imposed under
33        paragraph (5) of this subsection (c), a person  convicted
34        of  violating  subsection  (c)  of  Section 11-907 of the
 
                            -13-     LRB093 05564 RLC 15141 a
 1        Illinois Vehicle Code shall  have  his  or  her  driver's
 2        license,  permit, or privileges suspended for 2 years, if
 3        the violation resulted in the death of another person.
 4             (6)  In no case shall an offender be eligible for  a
 5        disposition  of  probation or conditional discharge for a
 6        Class 1 felony committed while he was serving a  term  of
 7        probation or conditional discharge for a felony.
 8             (7)  When   a   defendant  is  adjudged  a  habitual
 9        criminal under Article 33B of the Criminal Code of  1961,
10        the  court  shall  sentence  the  defendant  to a term of
11        natural life imprisonment.
12             (8)  When a defendant, over the age of 21 years,  is
13        convicted  of  a  Class 1 or Class 2 felony, after having
14        twice been convicted in any state or federal court of  an
15        offense that contains the same elements as an offense now
16        classified  in  Illinois  as  a  Class 2 or greater Class
17        felony and such charges are separately brought and  tried
18        and arise out of different series of acts, such defendant
19        shall  be sentenced as a Class X offender. This paragraph
20        shall not apply unless (1) the first felony was committed
21        after the effective date of this amendatory Act of  1977;
22        and  (2) the second felony was committed after conviction
23        on the first; and (3)  the  third  felony  was  committed
24        after  conviction  on the second. A person sentenced as a
25        Class X offender under this paragraph is not eligible  to
26        apply  for  treatment  as  a  condition  of  probation as
27        provided by Section 40-10 of  the  Alcoholism  and  Other
28        Drug Abuse and Dependency Act.
29             (9)  A defendant convicted of a second or subsequent
30        offense  of  ritualized abuse of a child may be sentenced
31        to a term of natural life imprisonment.
32             (10)  When  a  person  is  convicted  of   violating
33        Section  11-501 of the Illinois Vehicle Code or a similar
34        provision of a local ordinance, the  following  penalties
 
                            -14-     LRB093 05564 RLC 15141 a
 1        apply  when his or her blood, breath, or urine was .16 or
 2        more based on the definition of blood, breath,  or  urine
 3        units  in Section 11-501.2 or that person is convicted of
 4        violating Section 11-501 of  the  Illinois  Vehicle  Code
 5        while transporting a child under the age of 16:
 6                  (A)  For a first violation of subsection (a) of
 7             Section  11-501,  in  addition  to any other penalty
 8             that may be imposed under subsection (c) of  Section
 9             11-501:   a   mandatory  minimum  of  100  hours  of
10             community service and a minimum fine of $500.
11                  (B)  For a second violation of  subsection  (a)
12             of  Section 11-501, in addition to any other penalty
13             that may be imposed under subsection (c) of  Section
14             11-501  within  10  years:  a mandatory minimum of 2
15             days of imprisonment and a minimum fine of $1,250.
16                  (C)  For a third violation of subsection (a) of
17             Section 11-501, in addition  to  any  other  penalty
18             that  may be imposed under subsection (c) of Section
19             11-501 within 20 years: a mandatory  minimum  of  90
20             days of imprisonment and a minimum fine of $2,500.
21                  (D)  For  a  fourth  or subsequent violation of
22             subsection (a) of Section 11-501: ineligibility  for
23             a sentence of probation or conditional discharge and
24             a minimum fine of $2,500.
25        (d)  In  any  case in which a sentence originally imposed
26    is vacated, the case shall be remanded to  the  trial  court.
27    The  trial  court shall hold a hearing under Section 5-4-1 of
28    the Unified Code of Corrections which may include evidence of
29    the defendant's life, moral character and  occupation  during
30    the  time  since the original sentence was passed.  The trial
31    court shall then impose sentence  upon  the  defendant.   The
32    trial  court  may  impose  any sentence which could have been
33    imposed at the original trial subject to Section 5-5-4 of the
34    Unified Code of Corrections. If  a  sentence  is  vacated  on
 
                            -15-     LRB093 05564 RLC 15141 a
 1    appeal  or  on  collateral  attack  due to the failure of the
 2    trier of fact at trial to determine beyond a reasonable doubt
 3    the existence of a  fact  (other  than  a  prior  conviction)
 4    necessary  to  increase the punishment for the offense beyond
 5    the  statutory  maximum  otherwise  applicable,  either   the
 6    defendant  may  be  re-sentenced  to  a term within the range
 7    otherwise provided or, if  the  State  files  notice  of  its
 8    intention  to again seek the extended sentence, the defendant
 9    shall be afforded a new trial.
10        (e)  (Blank). In cases  where  prosecution  for  criminal
11    sexual  assault  or  aggravated  criminal  sexual abuse under
12    Section 12-13 or 12-16 of the Criminal Code of  1961  results
13    in  conviction  of a defendant who was a family member of the
14    victim at the time of the  commission  of  the  offense,  the
15    court shall consider the safety and welfare of the victim and
16    may impose a sentence of probation only where:
17             (1)  the   court  finds  (A)  or  (B)  or  both  are
18        appropriate:
19                  (A)  the defendant  is  willing  to  undergo  a
20             court  approved  counseling  program  for  a minimum
21             duration of 2 years; or
22                  (B)  the defendant is willing to participate in
23             a court approved plan including but not  limited  to
24             the defendant's:
25                       (i)  removal from the household;
26                       (ii)  restricted contact with the victim;
27                       (iii)  continued  financial support of the
28                  family;
29                       (iv)  restitution for  harm  done  to  the
30                  victim; and
31                       (v)  compliance  with  any  other measures
32                  that the court may deem appropriate; and
33             (2)  the court orders the defendant to pay  for  the
34        victim's  counseling  services,  to  the  extent that the
 
                            -16-     LRB093 05564 RLC 15141 a
 1        court finds, after considering the defendant's income and
 2        assets, that the  defendant  is  financially  capable  of
 3        paying  for  such  services,  if  the victim was under 18
 4        years of age at the time the offense  was  committed  and
 5        requires counseling as a result of the offense.
 6        Probation  may be revoked or modified pursuant to Section
 7    5-6-4; except where the court determines at the hearing  that
 8    the  defendant  violated  a condition of his or her probation
 9    restricting contact with the victim or other  family  members
10    or  commits  another  offense with the victim or other family
11    members, the court shall revoke the defendant's probation and
12    impose a term of imprisonment.
13        For the purposes of this  Section,  "family  member"  and
14    "victim"  shall have the meanings ascribed to them in Section
15    12-12 of the Criminal Code of 1961.
16        (f)  This Article shall not  deprive  a  court  in  other
17    proceedings  to order a forfeiture of property, to suspend or
18    cancel a license, to remove  a  person  from  office,  or  to
19    impose any other civil penalty.
20        (g)  Whenever  a  defendant  is  convicted  of an offense
21    under Sections 11-14, 11-15, 11-15.1,  11-16,  11-17,  11-18,
22    11-18.1,  11-19,  11-19.1,  11-19.2,  12-13,  12-14, 12-14.1,
23    12-15 or 12-16 of the Criminal Code of  1961,  the  defendant
24    shall  undergo  medical  testing  to  determine  whether  the
25    defendant has any sexually transmissible disease, including a
26    test for infection with human immunodeficiency virus (HIV) or
27    any    other   identified   causative   agent   of   acquired
28    immunodeficiency syndrome  (AIDS).   Any  such  medical  test
29    shall  be  performed  only  by appropriately licensed medical
30    practitioners and may  include  an  analysis  of  any  bodily
31    fluids  as  well as an examination of the defendant's person.
32    Except as otherwise provided by law, the results of such test
33    shall be kept strictly confidential by all medical  personnel
34    involved in the testing and must be personally delivered in a
 
                            -17-     LRB093 05564 RLC 15141 a
 1    sealed  envelope  to  the  judge  of  the  court in which the
 2    conviction was entered for the judge's inspection in  camera.
 3    Acting  in  accordance  with the best interests of the victim
 4    and the public,  the  judge  shall  have  the  discretion  to
 5    determine  to whom, if anyone, the results of the testing may
 6    be revealed. The court shall notify the defendant of the test
 7    results.  The court shall also notify the victim if requested
 8    by the victim, and if the victim is under the age of  15  and
 9    if  requested  by the victim's parents or legal guardian, the
10    court shall notify the victim's parents or legal guardian  of
11    the test results.  The court shall provide information on the
12    availability  of  HIV testing and counseling at Department of
13    Public Health facilities to all parties to whom  the  results
14    of  the  testing  are  revealed  and shall direct the State's
15    Attorney to  provide  the  information  to  the  victim  when
16    possible. A State's Attorney may petition the court to obtain
17    the  results of any HIV test administered under this Section,
18    and the court shall  grant  the  disclosure  if  the  State's
19    Attorney  shows it is relevant in order to prosecute a charge
20    of criminal transmission of HIV under Section 12-16.2 of  the
21    Criminal Code of 1961 against the defendant.  The court shall
22    order  that  the  cost  of any such test shall be paid by the
23    county and may  be  taxed  as  costs  against  the  convicted
24    defendant.
25        (g-5)  When   an   inmate   is  tested  for  an  airborne
26    communicable  disease,  as   determined   by   the   Illinois
27    Department  of  Public  Health  including  but not limited to
28    tuberculosis, the results of the  test  shall  be  personally
29    delivered  by  the  warden or his or her designee in a sealed
30    envelope to the judge of the court in which the  inmate  must
31    appear  for  the judge's inspection in camera if requested by
32    the judge.  Acting in accordance with the best  interests  of
33    those  in  the courtroom, the judge shall have the discretion
34    to determine what if any precautions  need  to  be  taken  to
 
                            -18-     LRB093 05564 RLC 15141 a
 1    prevent transmission of the disease in the courtroom.
 2        (h)  Whenever  a  defendant  is  convicted  of an offense
 3    under Section 1 or 2 of the Hypodermic Syringes  and  Needles
 4    Act, the defendant shall undergo medical testing to determine
 5    whether   the   defendant   has   been   exposed   to   human
 6    immunodeficiency   virus   (HIV)   or  any  other  identified
 7    causative agent of acquired immunodeficiency syndrome (AIDS).
 8    Except as otherwise provided by law, the results of such test
 9    shall be kept strictly confidential by all medical  personnel
10    involved in the testing and must be personally delivered in a
11    sealed  envelope  to  the  judge  of  the  court in which the
12    conviction was entered for the judge's inspection in  camera.
13    Acting  in  accordance with the best interests of the public,
14    the judge shall have the discretion to determine to whom,  if
15    anyone, the results of the testing may be revealed. The court
16    shall  notify  the  defendant  of  a positive test showing an
17    infection with the human immunodeficiency  virus  (HIV).  The
18    court  shall  provide  information on the availability of HIV
19    testing  and  counseling  at  Department  of  Public   Health
20    facilities  to all parties to whom the results of the testing
21    are revealed and shall direct the State's Attorney to provide
22    the information  to  the  victim  when  possible.  A  State's
23    Attorney  may petition the court to obtain the results of any
24    HIV test administered under  this   Section,  and  the  court
25    shall  grant  the disclosure if the State's Attorney shows it
26    is relevant in  order  to  prosecute  a  charge  of  criminal
27    transmission  of  HIV  under  Section 12-16.2 of the Criminal
28    Code of 1961 against the defendant.  The  court  shall  order
29    that  the  cost  of any such test shall be paid by the county
30    and may be taxed as costs against the convicted defendant.
31        (i)  All fines and penalties imposed under  this  Section
32    for any violation of Chapters 3, 4, 6, and 11 of the Illinois
33    Vehicle  Code,  or  a similar provision of a local ordinance,
34    and any violation of the Child Passenger Protection Act, or a
 
                            -19-     LRB093 05564 RLC 15141 a
 1    similar provision of a local ordinance,  shall  be  collected
 2    and  disbursed by the circuit clerk as provided under Section
 3    27.5 of the Clerks of Courts Act.
 4        (j)  In cases  when  prosecution  for  any  violation  of
 5    Section  11-6,  11-8,  11-9,  11-11,  11-14,  11-15, 11-15.1,
 6    11-16,  11-17,  11-17.1,  11-18,  11-18.1,  11-19,   11-19.1,
 7    11-19.2,  11-20.1,  11-21,  12-13,  12-14, 12-14.1, 12-15, or
 8    12-16 of the Criminal Code of  1961,  any  violation  of  the
 9    Illinois  Controlled  Substances Act, or any violation of the
10    Cannabis Control Act results in conviction, a disposition  of
11    court  supervision,  or  an  order of probation granted under
12    Section 10 of the Cannabis Control Act or Section 410 of  the
13    Illinois  Controlled  Substance Act of a defendant, the court
14    shall determine  whether  the  defendant  is  employed  by  a
15    facility  or  center  as  defined under the Child Care Act of
16    1969, a public or private elementary or secondary school,  or
17    otherwise  works  with  children  under  18 years of age on a
18    daily basis.  When a defendant  is  so  employed,  the  court
19    shall  order  the  Clerk  of  the Court to send a copy of the
20    judgment of conviction or order of supervision  or  probation
21    to  the  defendant's  employer  by  certified  mail.  If  the
22    employer of the defendant is a school, the Clerk of the Court
23    shall  direct  the  mailing  of  a  copy  of  the judgment of
24    conviction or  order  of  supervision  or  probation  to  the
25    appropriate regional superintendent of schools.  The regional
26    superintendent  of  schools  shall  notify the State Board of
27    Education of any notification under this subsection.
28        (j-5)  A defendant at  least  17  years  of  age  who  is
29    convicted  of  a  felony  and  who  has  not  been previously
30    convicted of a misdemeanor or felony and who is sentenced  to
31    a   term  of  imprisonment  in  the  Illinois  Department  of
32    Corrections shall as a condition of his or  her  sentence  be
33    required  by the court to attend educational courses designed
34    to prepare the defendant for a high  school  diploma  and  to
 
                            -20-     LRB093 05564 RLC 15141 a
 1    work  toward  a high school diploma or to work toward passing
 2    the high school level Test of General Educational Development
 3    (GED) or to work  toward  completing  a  vocational  training
 4    program  offered  by  the  Department  of  Corrections.  If a
 5    defendant fails to complete the educational training required
 6    by his or her sentence during the term of incarceration,  the
 7    Prisoner  Review  Board  shall,  as  a condition of mandatory
 8    supervised release, require the defendant, at his or her  own
 9    expense,  to  pursue  a  course of study toward a high school
10    diploma or passage of the  GED  test.   The  Prisoner  Review
11    Board  shall  revoke  the  mandatory  supervised release of a
12    defendant who wilfully fails to comply with  this  subsection
13    (j-5)  upon  his  or  her release from confinement in a penal
14    institution while  serving  a  mandatory  supervised  release
15    term;  however, the inability of the defendant after making a
16    good faith effort to obtain financial  aid  or  pay  for  the
17    educational  training shall not be deemed a wilful failure to
18    comply.   The  Prisoner  Review  Board  shall  recommit   the
19    defendant  whose  mandatory  supervised release term has been
20    revoked under this subsection (j-5) as  provided  in  Section
21    3-3-9.   This  subsection (j-5) does not apply to a defendant
22    who has a high school diploma or has successfully passed  the
23    GED test. This subsection (j-5) does not apply to a defendant
24    who is determined by the court to be developmentally disabled
25    or otherwise mentally incapable of completing the educational
26    or vocational program.
27        (k)  A court may not impose a sentence or disposition for
28    a  felony  or  misdemeanor  that requires the defendant to be
29    implanted or injected with  or  to  use  any  form  of  birth
30    control.
31        (l) (A)  Except   as   provided   in   paragraph  (C)  of
32        subsection (l), whenever a defendant, who is an alien  as
33        defined  by  the  Immigration  and  Nationality  Act,  is
34        convicted of any felony or misdemeanor offense, the court
 
                            -21-     LRB093 05564 RLC 15141 a
 1        after  sentencing  the  defendant may, upon motion of the
 2        State's Attorney, hold sentence in  abeyance  and  remand
 3        the  defendant  to the custody of the Attorney General of
 4        the United States or his or her designated  agent  to  be
 5        deported when:
 6                  (1)  a  final  order  of  deportation  has been
 7             issued against the defendant pursuant to proceedings
 8             under the Immigration and Nationality Act, and
 9                  (2)  the deportation of the defendant would not
10             deprecate the seriousness of the defendant's conduct
11             and would not  be  inconsistent  with  the  ends  of
12             justice.
13             Otherwise,  the  defendant  shall  be  sentenced  as
14        provided in this Chapter V.
15             (B)  If the defendant has already been sentenced for
16        a  felony  or  misdemeanor offense, or has been placed on
17        probation under Section 10 of the Cannabis Control Act or
18        Section 410 of the Illinois  Controlled  Substances  Act,
19        the  court  may,  upon  motion of the State's Attorney to
20        suspend the sentence imposed, commit the defendant to the
21        custody of the Attorney General of the United  States  or
22        his or her designated agent when:
23                  (1)  a  final  order  of  deportation  has been
24             issued against the defendant pursuant to proceedings
25             under the Immigration and Nationality Act, and
26                  (2)  the deportation of the defendant would not
27             deprecate the seriousness of the defendant's conduct
28             and would not  be  inconsistent  with  the  ends  of
29             justice.
30             (C)  This subsection (l) does not apply to offenders
31        who  are  subject  to  the provisions of paragraph (2) of
32        subsection (a) of Section 3-6-3.
33             (D)  Upon motion  of  the  State's  Attorney,  if  a
34        defendant  sentenced  under  this  Section returns to the
 
                            -22-     LRB093 05564 RLC 15141 a
 1        jurisdiction of the United States, the defendant shall be
 2        recommitted to the custody of the county from which he or
 3        she was sentenced. Thereafter,  the  defendant  shall  be
 4        brought before the sentencing court, which may impose any
 5        sentence  that  was  available under Section 5-5-3 at the
 6        time of initial sentencing.  In addition,  the  defendant
 7        shall  not be eligible for additional good conduct credit
 8        for meritorious service as provided under Section 3-6-6.
 9        (m)  A  person  convicted  of  criminal   defacement   of
10    property  under  Section 21-1.3 of the Criminal Code of 1961,
11    in which the property damage exceeds $300  and  the  property
12    damaged  is  a  school  building, shall be ordered to perform
13    community service  that  may  include  cleanup,  removal,  or
14    painting over the defacement.
15    (Source: P.A.  91-357,  eff.  7-29-99;  91-404,  eff. 1-1-00;
16    91-663, eff. 12-22-99; 91-695,  eff.  4-13-00;  91-953,  eff.
17    2-23-01;  92-183,  eff. 7-27-01; 92-248, eff. 8-3-01; 92-283,
18    eff. 1-1-02; 92-340,  eff.  8-10-01;  92-418,  eff.  8-17-01;
19    92-422,  eff.  8-17-01;  92-651,  eff.  7-11-02; 92-698, eff.
20    7-19-02; revised 2-17-03.)

21        (730 ILCS 5/5-9-1.7) (from Ch. 38, par. 1005-9-1.7)
22        Sec. 5-9-1.7.  Sexual assault fines.
23        (a)  Definitions. The terms used in  this  Section  shall
24    have the following meanings ascribed to them:
25             (1)  "Sexual   assault"   means  the  commission  or
26        attempted commission of the  following:  criminal  sexual
27        assault,  predatory  criminal  sexual assault of a child,
28        aggravated  criminal  sexual  assault,  criminal   sexual
29        abuse,   aggravated   criminal   sexual  abuse,  indecent
30        solicitation  of  a  child,  public   indecency,   sexual
31        relations  within  families,  soliciting  for  a juvenile
32        prostitute, keeping a  place  of  juvenile  prostitution,
33        patronizing  a  juvenile  prostitute,  juvenile  pimping,
 
                            -23-     LRB093 05564 RLC 15141 a
 1        exploitation of a child, obscenity, child pornography, or
 2        harmful  material,  as  those offenses are defined in the
 3        Criminal Code of 1961.
 4             (2)  "Family member" shall have the meaning ascribed
 5        to it in Section 12-12 of the Criminal Code of 1961.
 6             (3)  "Sexual   assault   organization"   means   any
 7        not-for-profit  organization   providing   comprehensive,
 8        community-based  services  to  victims of sexual assault.
 9        "Community-based services" include, but are  not  limited
10        to,   direct   crisis   intervention  through  a  24-hour
11        response,  medical  and   legal   advocacy,   counseling,
12        information   and   referral   services,   training,  and
13        community education.
14        (b)  Sexual assault fine; collection by clerk.
15             (1)  In addition to any  other  penalty  imposed,  a
16        fine  of $100 shall be imposed upon any person who pleads
17        guilty  or  who  is  convicted  of,  or  who  receives  a
18        disposition of court supervision for, a sexual assault or
19        attempt of a sexual assault.  Upon request of the  victim
20        or the victim's representative, the court shall determine
21        whether  the  fine  will  impose  an  undue burden on the
22        victim of the offense.  For purposes of  this  paragraph,
23        the   defendant   may  not  be  considered  the  victim's
24        representative.  If the court finds that the  fine  would
25        impose  an  undue  burden  on  the  victim, the court may
26        reduce or waive the fine.  The court shall order that the
27        defendant may not  use  funds  belonging  solely  to  the
28        victim of the offense for payment of the fine.
29             (2)  Sexual  assault  fines shall be assessed by the
30        court imposing the sentence and shall be collected by the
31        circuit clerk.  The circuit clerk shall retain 10% of the
32        penalty to cover the costs involved in administering  and
33        enforcing  this  Section.   The circuit clerk shall remit
34        the remainder of  each  fine  within  one  month  of  its
 
                            -24-     LRB093 05564 RLC 15141 a
 1        receipt to the State Treasurer for deposit as follows:
 2                  (i)  for  offenders  who  held  a  position  of
 3             trust,  authority, or supervision in relation to the
 4             victim family  member  offenders,  one-half  to  the
 5             Sexual  Assault  Services  Fund, and one-half to the
 6             Domestic Violence Shelter and Service Fund; and
 7                  (ii)  for  other  than  offenders  who  held  a
 8             position of  trust,  authority,  or  supervision  in
 9             relation  to the victim family member offenders, the
10             full amount to the Sexual Assault Services Fund.
11        (c)  Sexual Assault Services Fund; administration.  There
12    is created a Sexual Assault Services Fund.  Moneys  deposited
13    into the Fund under this Section shall be appropriated to the
14    Department  of  Public  Health.  Upon appropriation of moneys
15    from the Sexual Assault  Services  Fund,  the  Department  of
16    Public Health shall make grants of these moneys from the Fund
17    to  sexual assault organizations with whom the Department has
18    contracts  for  the  purpose  of  providing   community-based
19    services to victims of sexual assault. Grants made under this
20    Section  are  in  addition  to,  and are not substitutes for,
21    other grants authorized and made by the Department.
22    (Source: P.A. 88-45;  89-428,  eff.  12-13-95;  89-462,  eff.
23    5-29-96.)".