093_HB0572enr

 
HB0572 Enrolled                      LRB093 05569 MBS 05661 b

 1        AN ACT in relation to criminal law.

 2        Be it enacted by the People of  the  State  of  Illinois,
 3    represented in the General Assembly:

 4        Section 5.  The Unified Code of Corrections is amended by
 5    changing Section 5-5-3 as follows:

 6        (730 ILCS 5/5-5-3) (from Ch. 38, par. 1005-5-3)
 7        Sec. 5-5-3.  Disposition.
 8        (a)  Every  person  convicted  of  an  offense  shall  be
 9    sentenced as provided in this Section.
10        (b)  The   following   options   shall   be   appropriate
11    dispositions,  alone  or in combination, for all felonies and
12    misdemeanors other than those identified in subsection (c) of
13    this Section:
14             (1)  A period of probation.
15             (2)  A term of periodic imprisonment.
16             (3)  A term of conditional discharge.
17             (4)  A term of imprisonment.
18             (5)  An order directing the offender to clean up and
19        repair the damage, if the offender  was  convicted  under
20        paragraph  (h)  of  Section  21-1 of the Criminal Code of
21        1961.
22             (6)  A fine.
23             (7)  An  order  directing  the  offender   to   make
24        restitution  to  the  victim  under Section 5-5-6 of this
25        Code.
26             (8)  A sentence of participation in a county  impact
27        incarceration program under Section 5-8-1.2 of this Code.
28        Whenever  an individual is sentenced for an offense based
29    upon an arrest for a  violation  of  Section  11-501  of  the
30    Illinois  Vehicle  Code,  or  a  similar provision of a local
31    ordinance,  and  the   professional   evaluation   recommends
 
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 1    remedial  or  rehabilitative  treatment or education, neither
 2    the treatment nor the education shall be the sole disposition
 3    and either or both may be imposed only  in  conjunction  with
 4    another  disposition. The court shall monitor compliance with
 5    any remedial education or treatment recommendations contained
 6    in the professional evaluation.  Programs conducting  alcohol
 7    or  other  drug  evaluation  or  remedial  education  must be
 8    licensed by the Department of Human  Services.   However,  if
 9    the  individual  is not a resident of Illinois, the court may
10    accept an  alcohol  or  other  drug  evaluation  or  remedial
11    education   program   in   the  state  of  such  individual's
12    residence.  Programs providing  treatment  must  be  licensed
13    under  existing  applicable  alcoholism  and  drug  treatment
14    licensure standards.
15        In addition to any other fine or penalty required by law,
16    any  individual convicted of a violation of Section 11-501 of
17    the Illinois Vehicle Code or a  similar  provision  of  local
18    ordinance,  whose  operation  of  a  motor  vehicle  while in
19    violation of Section 11-501  or  such  ordinance  proximately
20    caused  an  incident  resulting  in  an appropriate emergency
21    response, shall be required to make restitution to  a  public
22    agency  for  the  costs  of  that  emergency  response.  Such
23    restitution shall not exceed $1,000 $500  per  public  agency
24    for  each  such  emergency response.  For the purpose of this
25    paragraph,  emergency  response  shall  mean   any   incident
26    requiring  a  response  by: a police officer as defined under
27    Section 1-162 of the Illinois Vehicle Code; a fireman carried
28    on the rolls of a regularly constituted fire department;  and
29    an  ambulance  as  defined  under  Section  3.85  4.05 of the
30    Emergency Medical Services (EMS) Systems Act.
31        Neither  a  fine  nor  restitution  shall  be  the   sole
32    disposition  for  a  felony and either or both may be imposed
33    only in conjunction with another disposition.
34        (c) (1)  When a defendant is found guilty of first degree
 
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 1        murder  the  State  may  either  seek   a   sentence   of
 2        imprisonment  under  Section 5-8-1 of this Code, or where
 3        appropriate seek a sentence of death under Section 9-1 of
 4        the Criminal Code of 1961.
 5             (2)  A period  of  probation,  a  term  of  periodic
 6        imprisonment   or  conditional  discharge  shall  not  be
 7        imposed for  the  following  offenses.  The  court  shall
 8        sentence  the  offender to not less than the minimum term
 9        of imprisonment set forth in this Code for the  following
10        offenses,  and may order a fine or restitution or both in
11        conjunction with such term of imprisonment:
12                  (A)  First  degree  murder  where   the   death
13             penalty is not imposed.
14                  (B)  Attempted first degree murder.
15                  (C)  A Class X felony.
16                  (D)  A violation of Section 401.1 or 407 of the
17             Illinois  Controlled  Substances Act, or a violation
18             of subdivision (c)(1) or (c)(2) of  Section  401  of
19             that  Act  which  relates  to more than 5 grams of a
20             substance containing heroin or cocaine or an  analog
21             thereof.
22                  (E)  A  violation  of  Section  5.1 or 9 of the
23             Cannabis Control Act.
24                  (F)  A  Class  2  or  greater  felony  if   the
25             offender  had been convicted of a Class 2 or greater
26             felony within 10 years of  the  date  on  which  the
27             offender  committed  the offense for which he or she
28             is being sentenced, except as otherwise provided  in
29             Section 40-10 of the Alcoholism and Other Drug Abuse
30             and Dependency Act.
31                  (G)  Residential  burglary, except as otherwise
32             provided in Section  40-10  of  the  Alcoholism  and
33             Other Drug Abuse and Dependency Act.
34                  (H)  Criminal   sexual   assault,   except   as
 
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 1             otherwise   provided   in  subsection  (e)  of  this
 2             Section.
 3                  (I)  Aggravated battery of a senior citizen.
 4                  (J)  A  forcible  felony  if  the  offense  was
 5             related to the activities of an organized gang.
 6                  Before July 1, 1994, for the purposes  of  this
 7             paragraph,  "organized gang" means an association of
 8             5 or more persons, with  an  established  hierarchy,
 9             that   encourages  members  of  the  association  to
10             perpetrate crimes or provides support to the members
11             of the association who do commit crimes.
12                  Beginning July 1, 1994,  for  the  purposes  of
13             this  paragraph,  "organized  gang"  has the meaning
14             ascribed  to  it  in  Section  10  of  the  Illinois
15             Streetgang Terrorism Omnibus Prevention Act.
16                  (K)  Vehicular hijacking.
17                  (L)  A second or subsequent conviction for  the
18             offense  of  hate  crime when the underlying offense
19             upon  which  the  hate  crime  is  based  is  felony
20             aggravated assault or felony mob action.
21                  (M)  A second or subsequent conviction for  the
22             offense  of institutional vandalism if the damage to
23             the property exceeds $300.
24                  (N)  A Class 3 felony  violation  of  paragraph
25             (1)  of  subsection  (a) of Section 2 of the Firearm
26             Owners Identification Card Act.
27                  (O)  A  violation  of  Section  12-6.1  of  the
28             Criminal Code of 1961.
29                  (P)  A violation of paragraph  (1),  (2),  (3),
30             (4),  (5),  or  (7)  of  subsection  (a)  of Section
31             11-20.1 of the Criminal Code of 1961.
32                  (Q)  A  violation  of  Section  20-1.2  of  the
33             Criminal Code of 1961.
34                  (R)  A  violation  of  Section  24-3A  of   the
 
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 1             Criminal Code of 1961.
 2                  (S)  A  violation  of Section 11-501(c-1)(3) of
 3             the Illinois Vehicle Code.
 4             (3)  A minimum term of imprisonment of not less than
 5        5 days  or  30  days  of  community  service  as  may  be
 6        determined  by  the  court  shall be imposed for a second
 7        violation  committed  within  5  years  of   a   previous
 8        violation  of Section 11-501 of the Illinois Vehicle Code
 9        or a similar provision of a local ordinance. In the  case
10        of  a  third  or  subsequent violation committed within 5
11        years of a previous violation of Section  11-501  of  the
12        Illinois  Vehicle  Code or a similar provision of a local
13        ordinance,  a  minimum  term  of  either   10   days   of
14        imprisonment  or  60  days  of community service shall be
15        imposed.
16             (4)  A minimum term of imprisonment of not less than
17        10 consecutive days or 30 days of community service shall
18        be imposed for a violation of paragraph  (c)  of  Section
19        6-303 of the Illinois Vehicle Code.
20             (4.1)  A  minimum  term  of  30  consecutive days of
21        imprisonment, 40 days of 24 hour periodic imprisonment or
22        720 hours of community service, as may be  determined  by
23        the  court,  shall  be imposed for a violation of Section
24        11-501 of the Illinois Vehicle Code during  a  period  in
25        which  the  defendant's driving privileges are revoked or
26        suspended, where the revocation or suspension was  for  a
27        violation  of  Section 11-501 or Section 11-501.1 of that
28        Code.
29             (4.2)  Except as provided in paragraph (4.3) of this
30        subsection (c), a  minimum  of  100  hours  of  community
31        service  shall  be  imposed  for  a  second  violation of
32        Section 6-303 of the Illinois Vehicle Code.
33             (4.3)  A minimum term of imprisonment of 30 days  or
34        300  hours  of  community  service,  as determined by the
 
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 1        court,  shall  be  imposed  for  a  second  violation  of
 2        subsection (c) of Section 6-303 of the  Illinois  Vehicle
 3        Code.
 4             (4.4)  Except  as  provided  in  paragraph (4.5) and
 5        paragraph (4.6) of this subsection (c), a minimum term of
 6        imprisonment  of  30  days  or  300  hours  of  community
 7        service, as determined by the court, shall be imposed for
 8        a third or subsequent violation of Section 6-303  of  the
 9        Illinois Vehicle Code.
10             (4.5)  A  minimum  term  of  imprisonment of 30 days
11        shall be imposed for a third violation of subsection  (c)
12        of Section 6-303 of the Illinois Vehicle Code.
13             (4.6)  A  minimum  term  of imprisonment of 180 days
14        shall be imposed for a fourth or subsequent violation  of
15        subsection  (c)  of Section 6-303 of the Illinois Vehicle
16        Code.
17             (5)  The court may sentence an offender convicted of
18        a business offense or a petty offense or a corporation or
19        unincorporated association convicted of any offense to:
20                  (A)  a period of conditional discharge;
21                  (B)  a fine;
22                  (C)  make  restitution  to  the  victim   under
23             Section 5-5-6 of this Code.
24             (5.1)  In  addition  to  any penalties imposed under
25        paragraph (5) of  this  subsection  (c),  and  except  as
26        provided  in paragraph (5.2) or (5.3), a person convicted
27        of 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  90
30        days  but  not  more  than  one  year,  if  the violation
31        resulted in damage to the property of another person.
32             (5.2)  In addition to any  penalties  imposed  under
33        paragraph  (5)  of  this  subsection  (c),  and except as
34        provided  in  paragraph  (5.3),  a  person  convicted  of
 
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 1        violating  subsection  (c)  of  Section  11-907  of   the
 2        Illinois  Vehicle  Code  shall  have  his or her driver's
 3        license, permit, or privileges suspended for at least 180
 4        days but not more than 2 years, if the violation resulted
 5        in injury to another person.
 6             (5.3)  In addition to any  penalties  imposed  under
 7        paragraph  (5) of this subsection (c), a person convicted
 8        of violating subsection (c)  of  Section  11-907  of  the
 9        Illinois  Vehicle  Code  shall  have  his or her driver's
10        license, permit, or privileges suspended for 2 years,  if
11        the violation resulted in the death of another person.
12             (6)  In  no case shall an offender be eligible for a
13        disposition of probation or conditional discharge  for  a
14        Class  1  felony committed while he was serving a term of
15        probation or conditional discharge for a felony.
16             (7)  When  a  defendant  is  adjudged   a   habitual
17        criminal  under Article 33B of the Criminal Code of 1961,
18        the court shall sentence  the  defendant  to  a  term  of
19        natural life imprisonment.
20             (8)  When  a defendant, over the age of 21 years, is
21        convicted of a Class 1 or Class 2  felony,  after  having
22        twice  been convicted in any state or federal court of an
23        offense that contains the same elements as an offense now
24        classified in Illinois as a  Class  2  or  greater  Class
25        felony  and such charges are separately brought and tried
26        and arise out of different series of acts, such defendant
27        shall be sentenced as a Class X offender. This  paragraph
28        shall not apply unless (1) the first felony was committed
29        after  the effective date of this amendatory Act of 1977;
30        and (2) the second felony was committed after  conviction
31        on  the  first;  and  (3)  the third felony was committed
32        after conviction on the second. A person sentenced  as  a
33        Class  X offender under this paragraph is not eligible to
34        apply for  treatment  as  a  condition  of  probation  as
 
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 1        provided  by  Section  40-10  of the Alcoholism and Other
 2        Drug Abuse and Dependency Act.
 3             (9)  A defendant convicted of a second or subsequent
 4        offense of ritualized abuse of a child may  be  sentenced
 5        to a term of natural life imprisonment.
 6             (10)  When   a  person  is  convicted  of  violating
 7        Section 11-501 of the Illinois Vehicle Code or a  similar
 8        provision  of  a local ordinance, the following penalties
 9        apply when his or her blood, breath, or urine was .16  or
10        more  based  on the definition of blood, breath, or urine
11        units in Section 11-501.2 or that person is convicted  of
12        violating  Section  11-501  of  the Illinois Vehicle Code
13        while transporting a child under the age of 16:
14                  (A)  For a first violation of subsection (a) of
15             Section 11-501, in addition  to  any  other  penalty
16             that  may be imposed under subsection (c) of Section
17             11-501:  a  mandatory  minimum  of  100   hours   of
18             community service and a minimum fine of $500.
19                  (B)  For  a  second violation of subsection (a)
20             of Section 11-501, in addition to any other  penalty
21             that  may be imposed under subsection (c) of Section
22             11-501 within 10 years: a  mandatory  minimum  of  2
23             days of imprisonment and a minimum fine of $1,250.
24                  (C)  For a third violation of subsection (a) of
25             Section  11-501,  in  addition  to any other penalty
26             that may be imposed under subsection (c) of  Section
27             11-501  within  20  years: a mandatory minimum of 90
28             days of imprisonment and a minimum fine of $2,500.
29                  (D)  For a fourth or  subsequent  violation  of
30             subsection  (a) of Section 11-501: ineligibility for
31             a sentence of probation or conditional discharge and
32             a minimum fine of $2,500.
33        (d)  In any case in which a sentence  originally  imposed
34    is  vacated,  the  case shall be remanded to the trial court.
 
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 1    The trial court shall hold a hearing under Section  5-4-1  of
 2    the Unified Code of Corrections which may include evidence of
 3    the  defendant's  life, moral character and occupation during
 4    the time since the original sentence was passed.   The  trial
 5    court  shall  then  impose  sentence upon the defendant.  The
 6    trial court may impose any sentence  which  could  have  been
 7    imposed at the original trial subject to Section 5-5-4 of the
 8    Unified  Code  of  Corrections.  If  a sentence is vacated on
 9    appeal or on collateral attack due  to  the  failure  of  the
10    trier of fact at trial to determine beyond a reasonable doubt
11    the  existence  of  a  fact  (other  than a prior conviction)
12    necessary to increase the punishment for the  offense  beyond
13    the   statutory  maximum  otherwise  applicable,  either  the
14    defendant may be re-sentenced to  a  term  within  the  range
15    otherwise  provided  or,  if  the  State  files notice of its
16    intention to again seek the extended sentence, the  defendant
17    shall be afforded a new trial.
18        (e)  In  cases  where  prosecution  for  criminal  sexual
19    assault  or  aggravated  criminal  sexual abuse under Section
20    12-13 or 12-16 of  the  Criminal  Code  of  1961  results  in
21    conviction  of  a  defendant  who  was a family member of the
22    victim at the time of the  commission  of  the  offense,  the
23    court shall consider the safety and welfare of the victim and
24    may impose a sentence of probation only where:
25             (1)  the   court  finds  (A)  or  (B)  or  both  are
26        appropriate:
27                  (A)  the defendant  is  willing  to  undergo  a
28             court  approved  counseling  program  for  a minimum
29             duration of 2 years; or
30                  (B)  the defendant is willing to participate in
31             a court approved plan including but not  limited  to
32             the defendant's:
33                       (i)  removal from the household;
34                       (ii)  restricted contact with the victim;
 
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 1                       (iii)  continued  financial support of the
 2                  family;
 3                       (iv)  restitution for  harm  done  to  the
 4                  victim; and
 5                       (v)  compliance  with  any  other measures
 6                  that the court may deem appropriate; and
 7             (2)  the court orders the defendant to pay  for  the
 8        victim's  counseling  services,  to  the  extent that the
 9        court finds, after considering the defendant's income and
10        assets, that the  defendant  is  financially  capable  of
11        paying  for  such  services,  if  the victim was under 18
12        years of age at the time the offense  was  committed  and
13        requires counseling as a result of the offense.
14        Probation  may be revoked or modified pursuant to Section
15    5-6-4; except where the court determines at the hearing  that
16    the  defendant  violated  a condition of his or her probation
17    restricting contact with the victim or other  family  members
18    or  commits  another  offense with the victim or other family
19    members, the court shall revoke the defendant's probation and
20    impose a term of imprisonment.
21        For the purposes of this  Section,  "family  member"  and
22    "victim"  shall have the meanings ascribed to them in Section
23    12-12 of the Criminal Code of 1961.
24        (f)  This Article shall not  deprive  a  court  in  other
25    proceedings  to order a forfeiture of property, to suspend or
26    cancel a license, to remove  a  person  from  office,  or  to
27    impose any other civil penalty.
28        (g)  Whenever  a  defendant  is  convicted  of an offense
29    under Sections 11-14, 11-15, 11-15.1,  11-16,  11-17,  11-18,
30    11-18.1,  11-19,  11-19.1,  11-19.2,  12-13,  12-14, 12-14.1,
31    12-15 or 12-16 of the Criminal Code of  1961,  the  defendant
32    shall  undergo  medical  testing  to  determine  whether  the
33    defendant has any sexually transmissible disease, including a
34    test for infection with human immunodeficiency virus (HIV) or
 
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 1    any    other   identified   causative   agent   of   acquired
 2    immunodeficiency syndrome  (AIDS).   Any  such  medical  test
 3    shall  be  performed  only  by appropriately licensed medical
 4    practitioners and may  include  an  analysis  of  any  bodily
 5    fluids  as  well as an examination of the defendant's person.
 6    Except as otherwise provided by law, the results of such test
 7    shall be kept strictly confidential by all medical  personnel
 8    involved in the testing and must be personally delivered in a
 9    sealed  envelope  to  the  judge  of  the  court in which the
10    conviction was entered for the judge's inspection in  camera.
11    Acting  in  accordance  with the best interests of the victim
12    and the public,  the  judge  shall  have  the  discretion  to
13    determine  to whom, if anyone, the results of the testing may
14    be revealed. The court shall notify the defendant of the test
15    results.  The court shall also notify the victim if requested
16    by the victim, and if the victim is under the age of  15  and
17    if  requested  by the victim's parents or legal guardian, the
18    court shall notify the victim's parents or legal guardian  of
19    the test results.  The court shall provide information on the
20    availability  of  HIV testing and counseling at Department of
21    Public Health facilities to all parties to whom  the  results
22    of  the  testing  are  revealed  and shall direct the State's
23    Attorney to  provide  the  information  to  the  victim  when
24    possible. A State's Attorney may petition the court to obtain
25    the  results of any HIV test administered under this Section,
26    and the court shall  grant  the  disclosure  if  the  State's
27    Attorney  shows it is relevant in order to prosecute a charge
28    of criminal transmission of HIV under Section 12-16.2 of  the
29    Criminal Code of 1961 against the defendant.  The court shall
30    order  that  the  cost  of any such test shall be paid by the
31    county and may  be  taxed  as  costs  against  the  convicted
32    defendant.
33        (g-5)  When   an   inmate   is  tested  for  an  airborne
34    communicable  disease,  as   determined   by   the   Illinois
 
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 1    Department  of  Public  Health  including  but not limited to
 2    tuberculosis, the results of the  test  shall  be  personally
 3    delivered  by  the  warden or his or her designee in a sealed
 4    envelope to the judge of the court in which the  inmate  must
 5    appear  for  the judge's inspection in camera if requested by
 6    the judge.  Acting in accordance with the best  interests  of
 7    those  in  the courtroom, the judge shall have the discretion
 8    to determine what if any precautions  need  to  be  taken  to
 9    prevent transmission of the disease in the courtroom.
10        (h)  Whenever  a  defendant  is  convicted  of an offense
11    under Section 1 or 2 of the Hypodermic Syringes  and  Needles
12    Act, the defendant shall undergo medical testing to determine
13    whether   the   defendant   has   been   exposed   to   human
14    immunodeficiency   virus   (HIV)   or  any  other  identified
15    causative agent of acquired immunodeficiency syndrome (AIDS).
16    Except as otherwise provided by law, the results of such test
17    shall be kept strictly confidential by all medical  personnel
18    involved in the testing and must be personally delivered in a
19    sealed  envelope  to  the  judge  of  the  court in which the
20    conviction was entered for the judge's inspection in  camera.
21    Acting  in  accordance with the best interests of the public,
22    the judge shall have the discretion to determine to whom,  if
23    anyone, the results of the testing may be revealed. The court
24    shall  notify  the  defendant  of  a positive test showing an
25    infection with the human immunodeficiency  virus  (HIV).  The
26    court  shall  provide  information on the availability of HIV
27    testing  and  counseling  at  Department  of  Public   Health
28    facilities  to all parties to whom the results of the testing
29    are revealed and shall direct the State's Attorney to provide
30    the information  to  the  victim  when  possible.  A  State's
31    Attorney  may petition the court to obtain the results of any
32    HIV test administered under  this   Section,  and  the  court
33    shall  grant  the disclosure if the State's Attorney shows it
34    is relevant in  order  to  prosecute  a  charge  of  criminal
 
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 1    transmission  of  HIV  under  Section 12-16.2 of the Criminal
 2    Code of 1961 against the defendant.  The  court  shall  order
 3    that  the  cost  of any such test shall be paid by the county
 4    and may be taxed as costs against the convicted defendant.
 5        (i)  All fines and penalties imposed under  this  Section
 6    for any violation of Chapters 3, 4, 6, and 11 of the Illinois
 7    Vehicle  Code,  or  a similar provision of a local ordinance,
 8    and any violation of the Child Passenger Protection Act, or a
 9    similar provision of a local ordinance,  shall  be  collected
10    and  disbursed by the circuit clerk as provided under Section
11    27.5 of the Clerks of Courts Act.
12        (j)  In cases  when  prosecution  for  any  violation  of
13    Section  11-6,  11-8,  11-9,  11-11,  11-14,  11-15, 11-15.1,
14    11-16,  11-17,  11-17.1,  11-18,  11-18.1,  11-19,   11-19.1,
15    11-19.2,  11-20.1,  11-21,  12-13,  12-14, 12-14.1, 12-15, or
16    12-16 of the Criminal Code of  1961,  any  violation  of  the
17    Illinois  Controlled  Substances Act, or any violation of the
18    Cannabis Control Act results in conviction, a disposition  of
19    court  supervision,  or  an  order of probation granted under
20    Section 10 of the Cannabis Control Act or Section 410 of  the
21    Illinois  Controlled  Substance Act of a defendant, the court
22    shall determine  whether  the  defendant  is  employed  by  a
23    facility  or  center  as  defined under the Child Care Act of
24    1969, a public or private elementary or secondary school,  or
25    otherwise  works  with  children  under  18 years of age on a
26    daily basis.  When a defendant  is  so  employed,  the  court
27    shall  order  the  Clerk  of  the Court to send a copy of the
28    judgment of conviction or order of supervision  or  probation
29    to  the  defendant's  employer  by  certified  mail.  If  the
30    employer of the defendant is a school, the Clerk of the Court
31    shall  direct  the  mailing  of  a  copy  of  the judgment of
32    conviction or  order  of  supervision  or  probation  to  the
33    appropriate regional superintendent of schools.  The regional
34    superintendent  of  schools  shall  notify the State Board of
 
HB0572 Enrolled             -14-     LRB093 05569 MBS 05661 b
 1    Education of any notification under this subsection.
 2        (j-5)  A defendant at  least  17  years  of  age  who  is
 3    convicted  of  a  felony  and  who  has  not  been previously
 4    convicted of a misdemeanor or felony and who is sentenced  to
 5    a   term  of  imprisonment  in  the  Illinois  Department  of
 6    Corrections shall as a condition of his or  her  sentence  be
 7    required  by the court to attend educational courses designed
 8    to prepare the defendant for a high  school  diploma  and  to
 9    work  toward  a high school diploma or to work toward passing
10    the high school level Test of General Educational Development
11    (GED) or to work  toward  completing  a  vocational  training
12    program  offered  by  the  Department  of  Corrections.  If a
13    defendant fails to complete the educational training required
14    by his or her sentence during the term of incarceration,  the
15    Prisoner  Review  Board  shall,  as  a condition of mandatory
16    supervised release, require the defendant, at his or her  own
17    expense,  to  pursue  a  course of study toward a high school
18    diploma or passage of the  GED  test.   The  Prisoner  Review
19    Board  shall  revoke  the  mandatory  supervised release of a
20    defendant who wilfully fails to comply with  this  subsection
21    (j-5)  upon  his  or  her release from confinement in a penal
22    institution while  serving  a  mandatory  supervised  release
23    term;  however, the inability of the defendant after making a
24    good faith effort to obtain financial  aid  or  pay  for  the
25    educational  training shall not be deemed a wilful failure to
26    comply.   The  Prisoner  Review  Board  shall  recommit   the
27    defendant  whose  mandatory  supervised release term has been
28    revoked under this subsection (j-5) as  provided  in  Section
29    3-3-9.   This  subsection (j-5) does not apply to a defendant
30    who has a high school diploma or has successfully passed  the
31    GED test. This subsection (j-5) does not apply to a defendant
32    who is determined by the court to be developmentally disabled
33    or otherwise mentally incapable of completing the educational
34    or vocational program.
 
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 1        (k)  A court may not impose a sentence or disposition for
 2    a  felony  or  misdemeanor  that requires the defendant to be
 3    implanted or injected with  or  to  use  any  form  of  birth
 4    control.
 5        (l) (A)  Except   as   provided   in   paragraph  (C)  of
 6        subsection (l), whenever a defendant, who is an alien  as
 7        defined  by  the  Immigration  and  Nationality  Act,  is
 8        convicted of any felony or misdemeanor offense, the court
 9        after  sentencing  the  defendant may, upon motion of the
10        State's Attorney, hold sentence in  abeyance  and  remand
11        the  defendant  to the custody of the Attorney General of
12        the United States or his or her designated  agent  to  be
13        deported when:
14                  (1)  a  final  order  of  deportation  has been
15             issued against the defendant pursuant to proceedings
16             under the Immigration and Nationality Act, and
17                  (2)  the deportation of the defendant would not
18             deprecate the seriousness of the defendant's conduct
19             and would not  be  inconsistent  with  the  ends  of
20             justice.
21             Otherwise,  the  defendant  shall  be  sentenced  as
22        provided in this Chapter V.
23             (B)  If the defendant has already been sentenced for
24        a  felony  or  misdemeanor offense, or has been placed on
25        probation under Section 10 of the Cannabis Control Act or
26        Section 410 of the Illinois  Controlled  Substances  Act,
27        the  court  may,  upon  motion of the State's Attorney to
28        suspend the sentence imposed, commit the defendant to the
29        custody of the Attorney General of the United  States  or
30        his or her designated agent when:
31                  (1)  a  final  order  of  deportation  has been
32             issued against the defendant pursuant to proceedings
33             under the Immigration and Nationality Act, and
34                  (2)  the deportation of the defendant would not
 
HB0572 Enrolled             -16-     LRB093 05569 MBS 05661 b
 1             deprecate the seriousness of the defendant's conduct
 2             and would not  be  inconsistent  with  the  ends  of
 3             justice.
 4             (C)  This subsection (l) does not apply to offenders
 5        who  are  subject  to  the provisions of paragraph (2) of
 6        subsection (a) of Section 3-6-3.
 7             (D)  Upon motion  of  the  State's  Attorney,  if  a
 8        defendant  sentenced  under  this  Section returns to the
 9        jurisdiction of the United States, the defendant shall be
10        recommitted to the custody of the county from which he or
11        she was sentenced. Thereafter,  the  defendant  shall  be
12        brought before the sentencing court, which may impose any
13        sentence  that  was  available under Section 5-5-3 at the
14        time of initial sentencing.  In addition,  the  defendant
15        shall  not be eligible for additional good conduct credit
16        for meritorious service as provided under Section 3-6-6.
17        (m)  A  person  convicted  of  criminal   defacement   of
18    property  under  Section 21-1.3 of the Criminal Code of 1961,
19    in which the property damage exceeds $300  and  the  property
20    damaged  is  a  school  building, shall be ordered to perform
21    community service  that  may  include  cleanup,  removal,  or
22    painting over the defacement.
23    (Source: P.A.  91-357,  eff.  7-29-99;  91-404,  eff. 1-1-00;
24    91-663, eff. 12-22-99; 91-695,  eff.  4-13-00;  91-953,  eff.
25    2-23-01;  92-183,  eff. 7-27-01; 92-248, eff. 8-3-01; 92-283,
26    eff. 1-1-02; 92-340,  eff.  8-10-01;  92-418,  eff.  8-17-01;
27    92-422,  eff.  8-17-01;  92-651,  eff.  7-11-02; 92-698, eff.
28    7-19-02; revised 2-17-03.)

29        Section 99.  Effective date.  This Act takes effect  July
30    1, 2003.