093_HB1604eng

 
HB1604 Engrossed                     LRB093 09492 RLC 09727 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 $500 per public agency for each
24    such emergency response.  For the purpose of this  paragraph,
25    emergency  response  shall  mean  any  incident  requiring  a
26    response  by: a police officer as defined under Section 1-162
27    of the Illinois Vehicle Code; a fireman carried on the  rolls
28    of  a regularly constituted fire department; and an ambulance
29    as defined  under  Section  4.05  of  the  Emergency  Medical
30    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
 
HB1604 Engrossed            -8-      LRB093 09492 RLC 09727 b
 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             (11)  The  court  shall  impose  a  minimum  fine of
34        $1,000 for a first offense and $2,000  for  a  second  or
 
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 1        subsequent  offense  upon a person convicted of or placed
 2        on supervision for battery when the individual harmed was
 3        a sports official or coach at any  level  of  competition
 4        and  the act causing harm to the sports official occurred
 5        within an  athletic  facility  or  within  the  immediate
 6        vicinity  of  the  athletic  facility at which the sports
 7        official or  coach  was  an  active  participant  of  the
 8        athletic  contest held at the athletic facility.  For the
 9        purposes of this paragraph (11), "sports official"  means
10        a person at an athletic contest who enforces the rules of
11        the  contest,  such  as  an umpire or referee and "coach"
12        means a person recognized as a coach by  the  sanctioning
13        authority that conducted the sporting event.
14        (d)  In  any  case in which a sentence originally imposed
15    is vacated, the case shall be remanded to  the  trial  court.
16    The  trial  court shall hold a hearing under Section 5-4-1 of
17    the Unified Code of Corrections which may include evidence of
18    the defendant's life, moral character and  occupation  during
19    the  time  since the original sentence was passed.  The trial
20    court shall then impose sentence  upon  the  defendant.   The
21    trial  court  may  impose  any sentence which could have been
22    imposed at the original trial subject to Section 5-5-4 of the
23    Unified Code of Corrections. If  a  sentence  is  vacated  on
24    appeal  or  on  collateral  attack  due to the failure of the
25    trier of fact at trial to determine beyond a reasonable doubt
26    the existence of a  fact  (other  than  a  prior  conviction)
27    necessary  to  increase the punishment for the offense beyond
28    the  statutory  maximum  otherwise  applicable,  either   the
29    defendant  may  be  re-sentenced  to  a term within the range
30    otherwise provided or, if  the  State  files  notice  of  its
31    intention  to again seek the extended sentence, the defendant
32    shall be afforded a new trial.
33        (e)  In  cases  where  prosecution  for  criminal  sexual
34    assault or aggravated criminal  sexual  abuse  under  Section
 
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 1    12-13  or  12-16  of  the  Criminal  Code  of 1961 results in
 2    conviction of a defendant who was  a  family  member  of  the
 3    victim  at  the  time  of  the commission of the offense, the
 4    court shall consider the safety and welfare of the victim and
 5    may impose a sentence of probation only where:
 6             (1)  the  court  finds  (A)  or  (B)  or  both   are
 7        appropriate:
 8                  (A)  the  defendant  is  willing  to  undergo a
 9             court approved  counseling  program  for  a  minimum
10             duration of 2 years; or
11                  (B)  the defendant is willing to participate in
12             a  court  approved plan including but not limited to
13             the defendant's:
14                       (i)  removal from the household;
15                       (ii)  restricted contact with the victim;
16                       (iii)  continued financial support of  the
17                  family;
18                       (iv)  restitution  for  harm  done  to the
19                  victim; and
20                       (v)  compliance with  any  other  measures
21                  that the court may deem appropriate; and
22             (2)  the  court  orders the defendant to pay for the
23        victim's counseling services,  to  the  extent  that  the
24        court finds, after considering the defendant's income and
25        assets,  that  the  defendant  is  financially capable of
26        paying for such services, if  the  victim  was  under  18
27        years  of  age  at the time the offense was committed and
28        requires counseling as a result of the offense.
29        Probation may be revoked or modified pursuant to  Section
30    5-6-4;  except where the court determines at the hearing that
31    the defendant violated a condition of his  or  her  probation
32    restricting  contact  with the victim or other family members
33    or commits another offense with the victim  or  other  family
34    members, the court shall revoke the defendant's probation and
 
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 1    impose a term of imprisonment.
 2        For  the  purposes  of  this Section, "family member" and
 3    "victim" shall have the meanings ascribed to them in  Section
 4    12-12 of the Criminal Code of 1961.
 5        (f)  This  Article  shall  not  deprive  a court in other
 6    proceedings to order a forfeiture of property, to suspend  or
 7    cancel  a  license,  to  remove  a  person from office, or to
 8    impose any other civil penalty.
 9        (g)  Whenever a defendant  is  convicted  of  an  offense
10    under  Sections  11-14,  11-15, 11-15.1, 11-16, 11-17, 11-18,
11    11-18.1, 11-19,  11-19.1,  11-19.2,  12-13,  12-14,  12-14.1,
12    12-15  or  12-16  of the Criminal Code of 1961, the defendant
13    shall  undergo  medical  testing  to  determine  whether  the
14    defendant has any sexually transmissible disease, including a
15    test for infection with human immunodeficiency virus (HIV) or
16    any   other   identified   causative   agent   of    acquired
17    immunodeficiency  syndrome  (AIDS).   Any  such  medical test
18    shall be performed only  by  appropriately  licensed  medical
19    practitioners  and  may  include  an  analysis  of any bodily
20    fluids as well as an examination of the  defendant's  person.
21    Except as otherwise provided by law, the results of such test
22    shall  be kept strictly confidential by all medical personnel
23    involved in the testing and must be personally delivered in a
24    sealed envelope to the  judge  of  the  court  in  which  the
25    conviction  was entered for the judge's inspection in camera.
26    Acting in accordance with the best interests  of  the  victim
27    and  the  public,  the  judge  shall  have  the discretion to
28    determine to whom, if anyone, the results of the testing  may
29    be revealed. The court shall notify the defendant of the test
30    results.  The court shall also notify the victim if requested
31    by  the  victim, and if the victim is under the age of 15 and
32    if requested by the victim's parents or legal  guardian,  the
33    court  shall notify the victim's parents or legal guardian of
34    the test results.  The court shall provide information on the
 
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 1    availability of HIV testing and counseling at  Department  of
 2    Public  Health  facilities to all parties to whom the results
 3    of the testing are revealed  and  shall  direct  the  State's
 4    Attorney  to  provide  the  information  to  the  victim when
 5    possible. A State's Attorney may petition the court to obtain
 6    the results of any HIV test administered under this  Section,
 7    and  the  court  shall  grant  the  disclosure if the State's
 8    Attorney shows it is relevant in order to prosecute a  charge
 9    of  criminal transmission of HIV under Section 12-16.2 of the
10    Criminal Code of 1961 against the defendant.  The court shall
11    order that the cost of any such test shall  be  paid  by  the
12    county  and  may  be  taxed  as  costs  against the convicted
13    defendant.
14        (g-5)  When  an  inmate  is  tested   for   an   airborne
15    communicable   disease,   as   determined   by  the  Illinois
16    Department of Public Health  including  but  not  limited  to
17    tuberculosis,  the  results  of  the test shall be personally
18    delivered by the warden or his or her designee  in  a  sealed
19    envelope  to  the judge of the court in which the inmate must
20    appear for the judge's inspection in camera if  requested  by
21    the  judge.   Acting in accordance with the best interests of
22    those in the courtroom, the judge shall have  the  discretion
23    to  determine  what  if  any  precautions need to be taken to
24    prevent transmission of the disease in the courtroom.
25        (h)  Whenever a defendant  is  convicted  of  an  offense
26    under  Section  1 or 2 of the Hypodermic Syringes and Needles
27    Act, the defendant shall undergo medical testing to determine
28    whether   the   defendant   has   been   exposed   to   human
29    immunodeficiency  virus  (HIV)  or   any   other   identified
30    causative agent of acquired immunodeficiency syndrome (AIDS).
31    Except as otherwise provided by law, the results of such test
32    shall  be kept strictly confidential by all medical personnel
33    involved in the testing and must be personally delivered in a
34    sealed envelope to the  judge  of  the  court  in  which  the
 
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 1    conviction  was entered for the judge's inspection in camera.
 2    Acting in accordance with the best interests of  the  public,
 3    the  judge shall have the discretion to determine to whom, if
 4    anyone, the results of the testing may be revealed. The court
 5    shall notify the defendant of  a  positive  test  showing  an
 6    infection  with  the  human immunodeficiency virus (HIV). The
 7    court shall provide information on the  availability  of  HIV
 8    testing   and  counseling  at  Department  of  Public  Health
 9    facilities to all parties to whom the results of the  testing
10    are revealed and shall direct the State's Attorney to provide
11    the  information  to  the  victim  when  possible.  A State's
12    Attorney may petition the court to obtain the results of  any
13    HIV  test  administered  under  this   Section, and the court
14    shall grant the disclosure if the State's Attorney  shows  it
15    is  relevant  in  order  to  prosecute  a  charge of criminal
16    transmission of HIV under Section  12-16.2  of  the  Criminal
17    Code  of  1961  against  the defendant. The court shall order
18    that the cost of any such test shall be paid  by  the  county
19    and may be taxed as costs against the convicted defendant.
20        (i)  All  fines  and penalties imposed under this Section
21    for any violation of Chapters 3, 4, 6, and 11 of the Illinois
22    Vehicle Code, or a similar provision of  a  local  ordinance,
23    and any violation of the Child Passenger Protection Act, or a
24    similar  provision  of  a local ordinance, shall be collected
25    and disbursed by the circuit clerk as provided under  Section
26    27.5 of the Clerks of Courts Act.
27        (j)  In  cases  when  prosecution  for  any  violation of
28    Section 11-6,  11-8,  11-9,  11-11,  11-14,  11-15,  11-15.1,
29    11-16,   11-17,  11-17.1,  11-18,  11-18.1,  11-19,  11-19.1,
30    11-19.2, 11-20.1, 11-21, 12-13,  12-14,  12-14.1,  12-15,  or
31    12-16  of  the  Criminal  Code  of 1961, any violation of the
32    Illinois Controlled Substances Act, or any violation  of  the
33    Cannabis  Control Act results in conviction, a disposition of
34    court supervision, or an order  of  probation  granted  under
 
HB1604 Engrossed            -14-     LRB093 09492 RLC 09727 b
 1    Section  10 of the Cannabis Control Act or Section 410 of the
 2    Illinois Controlled Substance Act of a defendant,  the  court
 3    shall  determine  whether  the  defendant  is  employed  by a
 4    facility or center as defined under the  Child  Care  Act  of
 5    1969,  a public or private elementary or secondary school, or
 6    otherwise works with children under 18  years  of  age  on  a
 7    daily  basis.   When  a  defendant  is so employed, the court
 8    shall order the Clerk of the Court to  send  a  copy  of  the
 9    judgment  of  conviction or order of supervision or probation
10    to  the  defendant's  employer  by  certified  mail.  If  the
11    employer of the defendant is a school, the Clerk of the Court
12    shall direct the  mailing  of  a  copy  of  the  judgment  of
13    conviction  or  order  of  supervision  or  probation  to the
14    appropriate regional superintendent of schools.  The regional
15    superintendent of schools shall notify  the  State  Board  of
16    Education of any notification under this subsection.
17        (j-5)  A  defendant  at  least  17  years  of  age who is
18    convicted of  a  felony  and  who  has  not  been  previously
19    convicted  of a misdemeanor or felony and who is sentenced to
20    a  term  of  imprisonment  in  the  Illinois  Department   of
21    Corrections  shall  as  a condition of his or her sentence be
22    required by the court to attend educational courses  designed
23    to  prepare  the  defendant  for a high school diploma and to
24    work toward a high school diploma or to work  toward  passing
25    the high school level Test of General Educational Development
26    (GED)  or  to  work  toward  completing a vocational training
27    program offered by  the  Department  of  Corrections.   If  a
28    defendant fails to complete the educational training required
29    by  his or her sentence during the term of incarceration, the
30    Prisoner Review Board shall,  as  a  condition  of  mandatory
31    supervised  release, require the defendant, at his or her own
32    expense, to pursue a course of study  toward  a  high  school
33    diploma  or  passage  of  the  GED test.  The Prisoner Review
34    Board shall revoke the  mandatory  supervised  release  of  a
 
HB1604 Engrossed            -15-     LRB093 09492 RLC 09727 b
 1    defendant  who  wilfully fails to comply with this subsection
 2    (j-5) upon his or her release from  confinement  in  a  penal
 3    institution  while  serving  a  mandatory  supervised release
 4    term; however, the inability of the defendant after making  a
 5    good  faith  effort  to  obtain  financial aid or pay for the
 6    educational training shall not be deemed a wilful failure  to
 7    comply.    The  Prisoner  Review  Board  shall  recommit  the
 8    defendant whose mandatory supervised release  term  has  been
 9    revoked  under  this  subsection (j-5) as provided in Section
10    3-3-9.  This subsection (j-5) does not apply to  a  defendant
11    who  has a high school diploma or has successfully passed the
12    GED test. This subsection (j-5) does not apply to a defendant
13    who is determined by the court to be developmentally disabled
14    or otherwise mentally incapable of completing the educational
15    or vocational program.
16        (k)  A court may not impose a sentence or disposition for
17    a felony or misdemeanor that requires  the  defendant  to  be
18    implanted  or  injected  with  or  to  use  any form of birth
19    control.
20        (l) (A)  Except  as  provided   in   paragraph   (C)   of
21        subsection  (l), whenever a defendant, who is an alien as
22        defined  by  the  Immigration  and  Nationality  Act,  is
23        convicted of any felony or misdemeanor offense, the court
24        after sentencing the defendant may, upon  motion  of  the
25        State's  Attorney,  hold  sentence in abeyance and remand
26        the defendant to the custody of the Attorney  General  of
27        the  United  States  or his or her designated agent to be
28        deported when:
29                  (1)  a final  order  of  deportation  has  been
30             issued against the defendant pursuant to proceedings
31             under the Immigration and Nationality Act, and
32                  (2)  the deportation of the defendant would not
33             deprecate the seriousness of the defendant's conduct
34             and  would  not  be  inconsistent  with  the ends of
 
HB1604 Engrossed            -16-     LRB093 09492 RLC 09727 b
 1             justice.
 2             Otherwise,  the  defendant  shall  be  sentenced  as
 3        provided in this Chapter V.
 4             (B)  If the defendant has already been sentenced for
 5        a felony or misdemeanor offense, or has  been  placed  on
 6        probation under Section 10 of the Cannabis Control Act or
 7        Section  410  of  the Illinois Controlled Substances Act,
 8        the court may, upon motion of  the  State's  Attorney  to
 9        suspend the sentence imposed, commit the defendant to the
10        custody  of  the Attorney General of the United States or
11        his or her designated agent when:
12                  (1)  a final  order  of  deportation  has  been
13             issued against the defendant pursuant to proceedings
14             under the Immigration and Nationality Act, and
15                  (2)  the deportation of the defendant would not
16             deprecate the seriousness of the defendant's conduct
17             and  would  not  be  inconsistent  with  the ends of
18             justice.
19             (C)  This subsection (l) does not apply to offenders
20        who are subject to the provisions  of  paragraph  (2)  of
21        subsection (a) of Section 3-6-3.
22             (D)  Upon  motion  of  the  State's  Attorney,  if a
23        defendant sentenced under this  Section  returns  to  the
24        jurisdiction of the United States, the defendant shall be
25        recommitted to the custody of the county from which he or
26        she  was  sentenced.  Thereafter,  the defendant shall be
27        brought before the sentencing court, which may impose any
28        sentence that was available under Section  5-5-3  at  the
29        time  of  initial sentencing.  In addition, the defendant
30        shall not be eligible for additional good conduct  credit
31        for meritorious service as provided under Section 3-6-6.
32        (m)  A   person   convicted  of  criminal  defacement  of
33    property under Section 21-1.3 of the Criminal Code  of  1961,
34    in  which  the  property damage exceeds $300 and the property
 
HB1604 Engrossed            -17-     LRB093 09492 RLC 09727 b
 1    damaged is a school building, shall  be  ordered  to  perform
 2    community  service  that  may  include  cleanup,  removal, or
 3    painting over the defacement.
 4    (Source: P.A. 91-357,  eff.  7-29-99;  91-404,  eff.  1-1-00;
 5    91-663,  eff.  12-22-99;  91-695,  eff. 4-13-00; 91-953, eff.
 6    2-23-01; 92-183, eff. 7-27-01; 92-248, eff.  8-3-01;  92-283,
 7    eff.  1-1-02;  92-340,  eff.  8-10-01;  92-418, eff. 8-17-01;
 8    92-422, eff. 8-17-01;  92-651,  eff.  7-11-02;  92-698,  eff.
 9    7-19-02.)