093_HB3085eng

 
HB3085 Engrossed                     LRB093 06907 RLC 07053 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 or is convicted
22        of a felony that is gang-related as defined in Section 10
23        of the Illinois Streetgang Terrorism  Omnibus  Prevention
24        Act,  after  having  twice been convicted in any state or
25        federal court  of  an  offense  that  contains  the  same
26        elements  as  an  offense now classified in Illinois as a
27        Class 2 or greater Class  felony  and  such  charges  are
28        separately  brought  and tried and arise out of different
29        series of acts, such defendant shall be  sentenced  as  a
30        Class  X  offender. This paragraph shall not apply unless
31        (1) the first felony was committed  after  the  effective
32        date  of  this amendatory Act of 1977; and (2) the second
33        felony was committed after conviction on the  first;  and
34        (3)  the  third  felony was committed after conviction on
 
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 1        the second. A person sentenced  as  a  Class  X  offender
 2        under  this  paragraph  is  not  eligible  to  apply  for
 3        treatment  as  a  condition  of  probation as provided by
 4        Section 40-10 of the Alcoholism and Other Drug Abuse  and
 5        Dependency Act.
 6             (9)  A defendant convicted of a second or subsequent
 7        offense  of  ritualized abuse of a child may be sentenced
 8        to a term of natural life imprisonment.
 9             (10)  When  a  person  is  convicted  of   violating
10        Section  11-501 of the Illinois Vehicle Code or a similar
11        provision of a local ordinance, the  following  penalties
12        apply  when his or her blood, breath, or urine was .16 or
13        more based on the definition of blood, breath,  or  urine
14        units  in Section 11-501.2 or that person is convicted of
15        violating Section 11-501 of  the  Illinois  Vehicle  Code
16        while transporting a child under the age of 16:
17                  (A)  For a first violation of subsection (a) of
18             Section  11-501,  in  addition  to any other penalty
19             that may be imposed under subsection (c) of  Section
20             11-501:   a   mandatory  minimum  of  100  hours  of
21             community service and a minimum fine of $500.
22                  (B)  For a second violation of  subsection  (a)
23             of  Section 11-501, in addition to any other penalty
24             that may be imposed under subsection (c) of  Section
25             11-501  within  10  years:  a mandatory minimum of 2
26             days of imprisonment and a minimum fine of $1,250.
27                  (C)  For a third violation of subsection (a) of
28             Section 11-501, in addition  to  any  other  penalty
29             that  may be imposed under subsection (c) of Section
30             11-501 within 20 years: a mandatory  minimum  of  90
31             days of imprisonment and a minimum fine of $2,500.
32                  (D)  For  a  fourth  or subsequent violation of
33             subsection (a) of Section 11-501: ineligibility  for
34             a sentence of probation or conditional discharge and
 
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 1             a minimum fine of $2,500.
 2        (d)  In  any  case in which a sentence originally imposed
 3    is vacated, the case shall be remanded to  the  trial  court.
 4    The  trial  court shall hold a hearing under Section 5-4-1 of
 5    the Unified Code of Corrections which may include evidence of
 6    the defendant's life, moral character and  occupation  during
 7    the  time  since the original sentence was passed.  The trial
 8    court shall then impose sentence  upon  the  defendant.   The
 9    trial  court  may  impose  any sentence which could have been
10    imposed at the original trial subject to Section 5-5-4 of the
11    Unified Code of Corrections. If  a  sentence  is  vacated  on
12    appeal  or  on  collateral  attack  due to the failure of the
13    trier of fact at trial to determine beyond a reasonable doubt
14    the existence of a  fact  (other  than  a  prior  conviction)
15    necessary  to  increase the punishment for the offense beyond
16    the  statutory  maximum  otherwise  applicable,  either   the
17    defendant  may  be  re-sentenced  to  a term within the range
18    otherwise provided or, if  the  State  files  notice  of  its
19    intention  to again seek the extended sentence, the defendant
20    shall be afforded a new trial.
21        (e)  In  cases  where  prosecution  for  criminal  sexual
22    assault or aggravated criminal  sexual  abuse  under  Section
23    12-13  or  12-16  of  the  Criminal  Code  of 1961 results in
24    conviction of a defendant who was  a  family  member  of  the
25    victim  at  the  time  of  the commission of the offense, the
26    court shall consider the safety and welfare of the victim and
27    may impose a sentence of probation only where:
28             (1)  the  court  finds  (A)  or  (B)  or  both   are
29        appropriate:
30                  (A)  the  defendant  is  willing  to  undergo a
31             court approved  counseling  program  for  a  minimum
32             duration of 2 years; or
33                  (B)  the defendant is willing to participate in
34             a  court  approved plan including but not limited to
 
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 1             the defendant's:
 2                       (i)  removal from the household;
 3                       (ii)  restricted contact with the victim;
 4                       (iii)  continued financial support of  the
 5                  family;
 6                       (iv)  restitution  for  harm  done  to the
 7                  victim; and
 8                       (v)  compliance with  any  other  measures
 9                  that the court may deem appropriate; and
10             (2)  the  court  orders the defendant to pay for the
11        victim's counseling services,  to  the  extent  that  the
12        court finds, after considering the defendant's income and
13        assets,  that  the  defendant  is  financially capable of
14        paying for such services, if  the  victim  was  under  18
15        years  of  age  at the time the offense was committed and
16        requires counseling as a result of the offense.
17        Probation may be revoked or modified pursuant to  Section
18    5-6-4;  except where the court determines at the hearing that
19    the defendant violated a condition of his  or  her  probation
20    restricting  contact  with the victim or other family members
21    or commits another offense with the victim  or  other  family
22    members, the court shall revoke the defendant's probation and
23    impose a term of imprisonment.
24        For  the  purposes  of  this Section, "family member" and
25    "victim" shall have the meanings ascribed to them in  Section
26    12-12 of the Criminal Code of 1961.
27        (f)  This  Article  shall  not  deprive  a court in other
28    proceedings to order a forfeiture of property, to suspend  or
29    cancel  a  license,  to  remove  a  person from office, or to
30    impose any other civil penalty.
31        (g)  Whenever a defendant  is  convicted  of  an  offense
32    under  Sections  11-14,  11-15, 11-15.1, 11-16, 11-17, 11-18,
33    11-18.1, 11-19,  11-19.1,  11-19.2,  12-13,  12-14,  12-14.1,
34    12-15  or  12-16  of the Criminal Code of 1961, the defendant
 
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 1    shall  undergo  medical  testing  to  determine  whether  the
 2    defendant has any sexually transmissible disease, including a
 3    test for infection with human immunodeficiency virus (HIV) or
 4    any   other   identified   causative   agent   of    acquired
 5    immunodeficiency  syndrome  (AIDS).   Any  such  medical test
 6    shall be performed only  by  appropriately  licensed  medical
 7    practitioners  and  may  include  an  analysis  of any bodily
 8    fluids as well as an examination of the  defendant's  person.
 9    Except as otherwise provided by law, the results of such test
10    shall  be kept strictly confidential by all medical personnel
11    involved in the testing and must be personally delivered in a
12    sealed envelope to the  judge  of  the  court  in  which  the
13    conviction  was entered for the judge's inspection in camera.
14    Acting in accordance with the best interests  of  the  victim
15    and  the  public,  the  judge  shall  have  the discretion to
16    determine to whom, if anyone, the results of the testing  may
17    be revealed. The court shall notify the defendant of the test
18    results.  The court shall also notify the victim if requested
19    by  the  victim, and if the victim is under the age of 15 and
20    if requested by the victim's parents or legal  guardian,  the
21    court  shall notify the victim's parents or legal guardian of
22    the test results.  The court shall provide information on the
23    availability of HIV testing and counseling at  Department  of
24    Public  Health  facilities to all parties to whom the results
25    of the testing are revealed  and  shall  direct  the  State's
26    Attorney  to  provide  the  information  to  the  victim when
27    possible. A State's Attorney may petition the court to obtain
28    the results of any HIV test administered under this  Section,
29    and  the  court  shall  grant  the  disclosure if the State's
30    Attorney shows it is relevant in order to prosecute a  charge
31    of  criminal transmission of HIV under Section 12-16.2 of the
32    Criminal Code of 1961 against the defendant.  The court shall
33    order that the cost of any such test shall  be  paid  by  the
34    county  and  may  be  taxed  as  costs  against the convicted
 
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 1    defendant.
 2        (g-5)  When  an  inmate  is  tested   for   an   airborne
 3    communicable   disease,   as   determined   by  the  Illinois
 4    Department of Public Health  including  but  not  limited  to
 5    tuberculosis,  the  results  of  the test shall be personally
 6    delivered by the warden or his or her designee  in  a  sealed
 7    envelope  to  the judge of the court in which the inmate must
 8    appear for the judge's inspection in camera if  requested  by
 9    the  judge.   Acting in accordance with the best interests of
10    those in the courtroom, the judge shall have  the  discretion
11    to  determine  what  if  any  precautions need to be taken to
12    prevent transmission of the disease in the courtroom.
13        (h)  Whenever a defendant  is  convicted  of  an  offense
14    under  Section  1 or 2 of the Hypodermic Syringes and Needles
15    Act, the defendant shall undergo medical testing to determine
16    whether   the   defendant   has   been   exposed   to   human
17    immunodeficiency  virus  (HIV)  or   any   other   identified
18    causative agent of acquired immunodeficiency syndrome (AIDS).
19    Except as otherwise provided by law, the results of such test
20    shall  be kept strictly confidential by all medical personnel
21    involved in the testing and must be personally delivered in a
22    sealed envelope to the  judge  of  the  court  in  which  the
23    conviction  was entered for the judge's inspection in camera.
24    Acting in accordance with the best interests of  the  public,
25    the  judge shall have the discretion to determine to whom, if
26    anyone, the results of the testing may be revealed. The court
27    shall notify the defendant of  a  positive  test  showing  an
28    infection  with  the  human immunodeficiency virus (HIV). The
29    court shall provide information on the  availability  of  HIV
30    testing   and  counseling  at  Department  of  Public  Health
31    facilities to all parties to whom the results of the  testing
32    are revealed and shall direct the State's Attorney to provide
33    the  information  to  the  victim  when  possible.  A State's
34    Attorney may petition the court to obtain the results of  any
 
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 1    HIV  test  administered  under  this   Section, and the court
 2    shall grant the disclosure if the State's Attorney  shows  it
 3    is  relevant  in  order  to  prosecute  a  charge of criminal
 4    transmission of HIV under Section  12-16.2  of  the  Criminal
 5    Code  of  1961  against  the defendant. The court shall order
 6    that the cost of any such test shall be paid  by  the  county
 7    and may be taxed as costs against the convicted defendant.
 8        (i)  All  fines  and penalties imposed under this Section
 9    for any violation of Chapters 3, 4, 6, and 11 of the Illinois
10    Vehicle Code, or a similar provision of  a  local  ordinance,
11    and any violation of the Child Passenger Protection Act, or a
12    similar  provision  of  a local ordinance, shall be collected
13    and disbursed by the circuit clerk as provided under  Section
14    27.5 of the Clerks of Courts Act.
15        (j)  In  cases  when  prosecution  for  any  violation of
16    Section 11-6,  11-8,  11-9,  11-11,  11-14,  11-15,  11-15.1,
17    11-16,   11-17,  11-17.1,  11-18,  11-18.1,  11-19,  11-19.1,
18    11-19.2, 11-20.1, 11-21, 12-13,  12-14,  12-14.1,  12-15,  or
19    12-16  of  the  Criminal  Code  of 1961, any violation of the
20    Illinois Controlled Substances Act, or any violation  of  the
21    Cannabis  Control Act results in conviction, a disposition of
22    court supervision, or an order  of  probation  granted  under
23    Section  10 of the Cannabis Control Act or Section 410 of the
24    Illinois Controlled Substance Act of a defendant,  the  court
25    shall  determine  whether  the  defendant  is  employed  by a
26    facility or center as defined under the  Child  Care  Act  of
27    1969,  a public or private elementary or secondary school, or
28    otherwise works with children under 18  years  of  age  on  a
29    daily  basis.   When  a  defendant  is so employed, the court
30    shall order the Clerk of the Court to  send  a  copy  of  the
31    judgment  of  conviction or order of supervision or probation
32    to  the  defendant's  employer  by  certified  mail.  If  the
33    employer of the defendant is a school, the Clerk of the Court
34    shall direct the  mailing  of  a  copy  of  the  judgment  of
 
HB3085 Engrossed            -14-     LRB093 06907 RLC 07053 b
 1    conviction  or  order  of  supervision  or  probation  to the
 2    appropriate regional superintendent of schools.  The regional
 3    superintendent of schools shall notify  the  State  Board  of
 4    Education of any notification under this subsection.
 5        (j-5)  A  defendant  at  least  17  years  of  age who is
 6    convicted of  a  felony  and  who  has  not  been  previously
 7    convicted  of a misdemeanor or felony and who is sentenced to
 8    a  term  of  imprisonment  in  the  Illinois  Department   of
 9    Corrections  shall  as  a condition of his or her sentence be
10    required by the court to attend educational courses  designed
11    to  prepare  the  defendant  for a high school diploma and to
12    work toward a high school diploma or to work  toward  passing
13    the high school level Test of General Educational Development
14    (GED)  or  to  work  toward  completing a vocational training
15    program offered by  the  Department  of  Corrections.   If  a
16    defendant fails to complete the educational training required
17    by  his or her sentence during the term of incarceration, the
18    Prisoner Review Board shall,  as  a  condition  of  mandatory
19    supervised  release, require the defendant, at his or her own
20    expense, to pursue a course of study  toward  a  high  school
21    diploma  or  passage  of  the  GED test.  The Prisoner Review
22    Board shall revoke the  mandatory  supervised  release  of  a
23    defendant  who  wilfully fails to comply with this subsection
24    (j-5) upon his or her release from  confinement  in  a  penal
25    institution  while  serving  a  mandatory  supervised release
26    term; however, the inability of the defendant after making  a
27    good  faith  effort  to  obtain  financial aid or pay for the
28    educational training shall not be deemed a wilful failure  to
29    comply.    The  Prisoner  Review  Board  shall  recommit  the
30    defendant whose mandatory supervised release  term  has  been
31    revoked  under  this  subsection (j-5) as provided in Section
32    3-3-9.  This subsection (j-5) does not apply to  a  defendant
33    who  has a high school diploma or has successfully passed the
34    GED test. This subsection (j-5) does not apply to a defendant
 
HB3085 Engrossed            -15-     LRB093 06907 RLC 07053 b
 1    who is determined by the court to be developmentally disabled
 2    or otherwise mentally incapable of completing the educational
 3    or vocational program.
 4        (k)  A court may not impose a sentence or disposition for
 5    a felony or misdemeanor that requires  the  defendant  to  be
 6    implanted  or  injected  with  or  to  use  any form of birth
 7    control.
 8        (l) (A)  Except  as  provided   in   paragraph   (C)   of
 9        subsection  (l), whenever a defendant, who is an alien as
10        defined  by  the  Immigration  and  Nationality  Act,  is
11        convicted of any felony or misdemeanor offense, the court
12        after sentencing the defendant may, upon  motion  of  the
13        State's  Attorney,  hold  sentence in abeyance and remand
14        the defendant to the custody of the Attorney  General  of
15        the  United  States  or his or her designated agent to be
16        deported when:
17                  (1)  a final  order  of  deportation  has  been
18             issued against the defendant pursuant to proceedings
19             under the Immigration and Nationality Act, and
20                  (2)  the deportation of the defendant would not
21             deprecate the seriousness of the defendant's conduct
22             and  would  not  be  inconsistent  with  the ends of
23             justice.
24             Otherwise,  the  defendant  shall  be  sentenced  as
25        provided in this Chapter V.
26             (B)  If the defendant has already been sentenced for
27        a felony or misdemeanor offense, or has  been  placed  on
28        probation under Section 10 of the Cannabis Control Act or
29        Section  410  of  the Illinois Controlled Substances Act,
30        the court may, upon motion of  the  State's  Attorney  to
31        suspend the sentence imposed, commit the defendant to the
32        custody  of  the Attorney General of the United States or
33        his or her designated agent when:
34                  (1)  a final  order  of  deportation  has  been
 
HB3085 Engrossed            -16-     LRB093 06907 RLC 07053 b
 1             issued against the defendant pursuant to proceedings
 2             under the Immigration and Nationality Act, and
 3                  (2)  the deportation of the defendant would not
 4             deprecate the seriousness of the defendant's conduct
 5             and  would  not  be  inconsistent  with  the ends of
 6             justice.
 7             (C)  This subsection (l) does not apply to offenders
 8        who are subject to the provisions  of  paragraph  (2)  of
 9        subsection (a) of Section 3-6-3.
10             (D)  Upon  motion  of  the  State's  Attorney,  if a
11        defendant sentenced under this  Section  returns  to  the
12        jurisdiction of the United States, the defendant shall be
13        recommitted to the custody of the county from which he or
14        she  was  sentenced.  Thereafter,  the defendant shall be
15        brought before the sentencing court, which may impose any
16        sentence that was available under Section  5-5-3  at  the
17        time  of  initial sentencing.  In addition, the defendant
18        shall not be eligible for additional good conduct  credit
19        for meritorious service as provided under Section 3-6-6.
20        (m)  A   person   convicted  of  criminal  defacement  of
21    property under Section 21-1.3 of the Criminal Code  of  1961,
22    in  which  the  property damage exceeds $300 and the property
23    damaged is a school building, shall  be  ordered  to  perform
24    community  service  that  may  include  cleanup,  removal, or
25    painting over the defacement.
26    (Source: P.A. 91-357,  eff.  7-29-99;  91-404,  eff.  1-1-00;
27    91-663,  eff.  12-22-99;  91-695,  eff. 4-13-00; 91-953, eff.
28    2-23-01; 92-183, eff. 7-27-01; 92-248, eff.  8-3-01;  92-283,
29    eff.  1-1-02;  92-340,  eff.  8-10-01;  92-418, eff. 8-17-01;
30    92-422, eff. 8-17-01;  92-651,  eff.  7-11-02;  92-698,  eff.
31    7-19-02.)

32        Section  99.  Effective date.  This Act takes effect upon
33    becoming law.