093_HB3387eng

 
HB3387 Engrossed                     LRB093 07217 RLC 12032 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                  (T) A second or subsequent violation of Section
 5             401 of the Illinois Controlled Substances Act if the
 6             violation involves the  possession  with  intent  to
 7             manufacture  or  transportation  of any amount, with
 8             the intent to manufacture, an immediate precursor of
 9             methamphetamine.
10             (3)  A minimum term of imprisonment of not less than
11        5 days  or  30  days  of  community  service  as  may  be
12        determined  by  the  court  shall be imposed for a second
13        violation  committed  within  5  years  of   a   previous
14        violation  of Section 11-501 of the Illinois Vehicle Code
15        or a similar provision of a local ordinance. In the  case
16        of  a  third  or  subsequent violation committed within 5
17        years of a previous violation of Section  11-501  of  the
18        Illinois  Vehicle  Code or a similar provision of a local
19        ordinance,  a  minimum  term  of  either   10   days   of
20        imprisonment  or  60  days  of community service shall be
21        imposed.
22             (4)  A minimum term of imprisonment of not less than
23        10 consecutive days or 30 days of community service shall
24        be imposed for a violation of paragraph  (c)  of  Section
25        6-303 of the Illinois Vehicle Code.
26             (4.1)  A  minimum  term  of  30  consecutive days of
27        imprisonment, 40 days of 24 hour periodic imprisonment or
28        720 hours of community service, as may be  determined  by
29        the  court,  shall  be imposed for a violation of Section
30        11-501 of the Illinois Vehicle Code during  a  period  in
31        which  the  defendant's driving privileges are revoked or
32        suspended, where the revocation or suspension was  for  a
33        violation  of  Section 11-501 or Section 11-501.1 of that
34        Code.
 
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 1             (4.2)  Except as provided in paragraph (4.3) of this
 2        subsection (c), a  minimum  of  100  hours  of  community
 3        service  shall  be  imposed  for  a  second  violation of
 4        Section 6-303 of the Illinois Vehicle Code.
 5             (4.3)  A minimum term of imprisonment of 30 days  or
 6        300  hours  of  community  service,  as determined by the
 7        court,  shall  be  imposed  for  a  second  violation  of
 8        subsection (c) of Section 6-303 of the  Illinois  Vehicle
 9        Code.
10             (4.4)  Except  as  provided  in  paragraph (4.5) and
11        paragraph (4.6) of this subsection (c), a minimum term of
12        imprisonment  of  30  days  or  300  hours  of  community
13        service, as determined by the court, shall be imposed for
14        a third or subsequent violation of Section 6-303  of  the
15        Illinois Vehicle Code.
16             (4.5)  A  minimum  term  of  imprisonment of 30 days
17        shall be imposed for a third violation of subsection  (c)
18        of Section 6-303 of the Illinois Vehicle Code.
19             (4.6)  A  minimum  term  of imprisonment of 180 days
20        shall be imposed for a fourth or subsequent violation  of
21        subsection  (c)  of Section 6-303 of the Illinois Vehicle
22        Code.
23             (5)  The court may sentence an offender convicted of
24        a business offense or a petty offense or a corporation or
25        unincorporated association convicted of any offense to:
26                  (A)  a period of conditional discharge;
27                  (B)  a fine;
28                  (C)  make  restitution  to  the  victim   under
29             Section 5-5-6 of this Code.
30             (5.1)  In  addition  to  any penalties imposed under
31        paragraph (5) of  this  subsection  (c),  and  except  as
32        provided  in paragraph (5.2) or (5.3), a person convicted
33        of violating subsection (c)  of  Section  11-907  of  the
34        Illinois  Vehicle  Code  shall  have  his or her driver's
 
HB3387 Engrossed            -7-      LRB093 07217 RLC 12032 b
 1        license, permit, or privileges suspended for at least  90
 2        days  but  not  more  than  one  year,  if  the violation
 3        resulted in damage to the property of another person.
 4             (5.2)  In addition to any  penalties  imposed  under
 5        paragraph  (5)  of  this  subsection  (c),  and except as
 6        provided  in  paragraph  (5.3),  a  person  convicted  of
 7        violating  subsection  (c)  of  Section  11-907  of   the
 8        Illinois  Vehicle  Code  shall  have  his or her driver's
 9        license, permit, or privileges suspended for at least 180
10        days but not more than 2 years, if the violation resulted
11        in injury to another person.
12             (5.3)  In addition to any  penalties  imposed  under
13        paragraph  (5) of this subsection (c), a person convicted
14        of violating subsection (c)  of  Section  11-907  of  the
15        Illinois  Vehicle  Code  shall  have  his or her driver's
16        license, permit, or privileges suspended for 2 years,  if
17        the violation resulted in the death of another person.
18             (6)  In  no case shall an offender be eligible for a
19        disposition of probation or conditional discharge  for  a
20        Class  1  felony committed while he was serving a term of
21        probation or conditional discharge for a felony.
22             (7)  When  a  defendant  is  adjudged   a   habitual
23        criminal  under Article 33B of the Criminal Code of 1961,
24        the court shall sentence  the  defendant  to  a  term  of
25        natural life imprisonment.
26             (8)  When  a defendant, over the age of 21 years, is
27        convicted of a Class 1 or Class 2  felony,  after  having
28        twice  been convicted in any state or federal court of an
29        offense that contains the same elements as an offense now
30        classified in Illinois as a  Class  2  or  greater  Class
31        felony  and such charges are separately brought and tried
32        and arise out of different series of acts, such defendant
33        shall be sentenced as a Class X offender. This  paragraph
34        shall not apply unless (1) the first felony was committed
 
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 1        after  the effective date of this amendatory Act of 1977;
 2        and (2) the second felony was committed after  conviction
 3        on  the  first;  and  (3)  the third felony was committed
 4        after conviction on the second. A person sentenced  as  a
 5        Class  X offender under this paragraph is not eligible to
 6        apply for  treatment  as  a  condition  of  probation  as
 7        provided  by  Section  40-10  of the Alcoholism and Other
 8        Drug Abuse and Dependency Act.
 9             (9)  A defendant convicted of a second or subsequent
10        offense of ritualized abuse of a child may  be  sentenced
11        to a term of natural life imprisonment.
12             (10)  When   a  person  is  convicted  of  violating
13        Section 11-501 of the Illinois Vehicle Code or a  similar
14        provision  of  a local ordinance, the following penalties
15        apply when his or her blood, breath, or urine was .16  or
16        more  based  on the definition of blood, breath, or urine
17        units in Section 11-501.2 or that person is convicted  of
18        violating  Section  11-501  of  the Illinois Vehicle Code
19        while transporting a child under the age of 16:
20                  (A)  For a first violation of subsection (a) of
21             Section 11-501, in addition  to  any  other  penalty
22             that  may be imposed under subsection (c) of Section
23             11-501:  a  mandatory  minimum  of  100   hours   of
24             community service and a minimum fine of $500.
25                  (B)  For  a  second violation of subsection (a)
26             of Section 11-501, in addition to any other  penalty
27             that  may be imposed under subsection (c) of Section
28             11-501 within 10 years: a  mandatory  minimum  of  2
29             days of imprisonment and a minimum fine of $1,250.
30                  (C)  For a third violation of subsection (a) of
31             Section  11-501,  in  addition  to any other penalty
32             that may be imposed under subsection (c) of  Section
33             11-501  within  20  years: a mandatory minimum of 90
34             days of imprisonment and a minimum fine of $2,500.
 
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 1                  (D)  For a fourth or  subsequent  violation  of
 2             subsection  (a) of Section 11-501: ineligibility for
 3             a sentence of probation or conditional discharge and
 4             a minimum fine of $2,500.
 5        (d)  In any case in which a sentence  originally  imposed
 6    is  vacated,  the  case shall be remanded to the trial court.
 7    The trial court shall hold a hearing under Section  5-4-1  of
 8    the Unified Code of Corrections which may include evidence of
 9    the  defendant's  life, moral character and occupation during
10    the time since the original sentence was passed.   The  trial
11    court  shall  then  impose  sentence upon the defendant.  The
12    trial court may impose any sentence  which  could  have  been
13    imposed at the original trial subject to Section 5-5-4 of the
14    Unified  Code  of  Corrections.  If  a sentence is vacated on
15    appeal or on collateral attack due  to  the  failure  of  the
16    trier of fact at trial to determine beyond a reasonable doubt
17    the  existence  of  a  fact  (other  than a prior conviction)
18    necessary to increase the punishment for the  offense  beyond
19    the   statutory  maximum  otherwise  applicable,  either  the
20    defendant may be re-sentenced to  a  term  within  the  range
21    otherwise  provided  or,  if  the  State  files notice of its
22    intention to again seek the extended sentence, the  defendant
23    shall be afforded a new trial.
24        (e)  In  cases  where  prosecution  for  criminal  sexual
25    assault  or  aggravated  criminal  sexual abuse under Section
26    12-13 or 12-16 of  the  Criminal  Code  of  1961  results  in
27    conviction  of  a  defendant  who  was a family member of the
28    victim at the time of the  commission  of  the  offense,  the
29    court shall consider the safety and welfare of the victim and
30    may impose a sentence of probation only where:
31             (1)  the   court  finds  (A)  or  (B)  or  both  are
32        appropriate:
33                  (A)  the defendant  is  willing  to  undergo  a
34             court  approved  counseling  program  for  a minimum
 
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 1             duration of 2 years; or
 2                  (B)  the defendant is willing to participate in
 3             a court approved plan including but not  limited  to
 4             the defendant's:
 5                       (i)  removal from the household;
 6                       (ii)  restricted contact with the victim;
 7                       (iii)  continued  financial support of the
 8                  family;
 9                       (iv)  restitution for  harm  done  to  the
10                  victim; and
11                       (v)  compliance  with  any  other measures
12                  that the court may deem appropriate; and
13             (2)  the court orders the defendant to pay  for  the
14        victim's  counseling  services,  to  the  extent that the
15        court finds, after considering the defendant's income and
16        assets, that the  defendant  is  financially  capable  of
17        paying  for  such  services,  if  the victim was under 18
18        years of age at the time the offense  was  committed  and
19        requires counseling as a result of the offense.
20        Probation  may be revoked or modified pursuant to Section
21    5-6-4; except where the court determines at the hearing  that
22    the  defendant  violated  a condition of his or her probation
23    restricting contact with the victim or other  family  members
24    or  commits  another  offense with the victim or other family
25    members, the court shall revoke the defendant's probation and
26    impose a term of imprisonment.
27        For the purposes of this  Section,  "family  member"  and
28    "victim"  shall have the meanings ascribed to them in Section
29    12-12 of the Criminal Code of 1961.
30        (f)  This Article shall not  deprive  a  court  in  other
31    proceedings  to order a forfeiture of property, to suspend or
32    cancel a license, to remove  a  person  from  office,  or  to
33    impose any other civil penalty.
34        (g)  Whenever  a  defendant  is  convicted  of an offense
 
HB3387 Engrossed            -11-     LRB093 07217 RLC 12032 b
 1    under Sections 11-14, 11-15, 11-15.1,  11-16,  11-17,  11-18,
 2    11-18.1,  11-19,  11-19.1,  11-19.2,  12-13,  12-14, 12-14.1,
 3    12-15 or 12-16 of the Criminal Code of  1961,  the  defendant
 4    shall  undergo  medical  testing  to  determine  whether  the
 5    defendant has any sexually transmissible disease, including a
 6    test for infection with human immunodeficiency virus (HIV) or
 7    any    other   identified   causative   agent   of   acquired
 8    immunodeficiency syndrome  (AIDS).   Any  such  medical  test
 9    shall  be  performed  only  by appropriately licensed medical
10    practitioners and may  include  an  analysis  of  any  bodily
11    fluids  as  well as an examination of the defendant's person.
12    Except as otherwise provided by law, the results of such test
13    shall be kept strictly confidential by all medical  personnel
14    involved in the testing and must be personally delivered in a
15    sealed  envelope  to  the  judge  of  the  court in which the
16    conviction was entered for the judge's inspection in  camera.
17    Acting  in  accordance  with the best interests of the victim
18    and the public,  the  judge  shall  have  the  discretion  to
19    determine  to whom, if anyone, the results of the testing may
20    be revealed. The court shall notify the defendant of the test
21    results.  The court shall also notify the victim if requested
22    by the victim, and if the victim is under the age of  15  and
23    if  requested  by the victim's parents or legal guardian, the
24    court shall notify the victim's parents or legal guardian  of
25    the test results.  The court shall provide information on the
26    availability  of  HIV testing and counseling at Department of
27    Public Health facilities to all parties to whom  the  results
28    of  the  testing  are  revealed  and shall direct the State's
29    Attorney to  provide  the  information  to  the  victim  when
30    possible. A State's Attorney may petition the court to obtain
31    the  results of any HIV test administered under this Section,
32    and the court shall  grant  the  disclosure  if  the  State's
33    Attorney  shows it is relevant in order to prosecute a charge
34    of criminal transmission of HIV under Section 12-16.2 of  the
 
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 1    Criminal Code of 1961 against the defendant.  The court shall
 2    order  that  the  cost  of any such test shall be paid by the
 3    county and may  be  taxed  as  costs  against  the  convicted
 4    defendant.
 5        (g-5)  When   an   inmate   is  tested  for  an  airborne
 6    communicable  disease,  as   determined   by   the   Illinois
 7    Department  of  Public  Health  including  but not limited to
 8    tuberculosis, the results of the  test  shall  be  personally
 9    delivered  by  the  warden or his or her designee in a sealed
10    envelope to the judge of the court in which the  inmate  must
11    appear  for  the judge's inspection in camera if requested by
12    the judge.  Acting in accordance with the best  interests  of
13    those  in  the courtroom, the judge shall have the discretion
14    to determine what if any precautions  need  to  be  taken  to
15    prevent transmission of the disease in the courtroom.
16        (h)  Whenever  a  defendant  is  convicted  of an offense
17    under Section 1 or 2 of the Hypodermic Syringes  and  Needles
18    Act, the defendant shall undergo medical testing to determine
19    whether   the   defendant   has   been   exposed   to   human
20    immunodeficiency   virus   (HIV)   or  any  other  identified
21    causative agent of acquired immunodeficiency syndrome (AIDS).
22    Except as otherwise provided by law, the results of such test
23    shall be kept strictly confidential by all medical  personnel
24    involved in the testing and must be personally delivered in a
25    sealed  envelope  to  the  judge  of  the  court in which the
26    conviction was entered for the judge's inspection in  camera.
27    Acting  in  accordance with the best interests of the public,
28    the judge shall have the discretion to determine to whom,  if
29    anyone, the results of the testing may be revealed. The court
30    shall  notify  the  defendant  of  a positive test showing an
31    infection with the human immunodeficiency  virus  (HIV).  The
32    court  shall  provide  information on the availability of HIV
33    testing  and  counseling  at  Department  of  Public   Health
34    facilities  to all parties to whom the results of the testing
 
HB3387 Engrossed            -13-     LRB093 07217 RLC 12032 b
 1    are revealed and shall direct the State's Attorney to provide
 2    the information  to  the  victim  when  possible.  A  State's
 3    Attorney  may petition the court to obtain the results of any
 4    HIV test administered under  this   Section,  and  the  court
 5    shall  grant  the disclosure if the State's Attorney shows it
 6    is relevant in  order  to  prosecute  a  charge  of  criminal
 7    transmission  of  HIV  under  Section 12-16.2 of the Criminal
 8    Code of 1961 against the defendant.  The  court  shall  order
 9    that  the  cost  of any such test shall be paid by the county
10    and may be taxed as costs against the convicted defendant.
11        (i)  All fines and penalties imposed under  this  Section
12    for any violation of Chapters 3, 4, 6, and 11 of the Illinois
13    Vehicle  Code,  or  a similar provision of a local ordinance,
14    and any violation of the Child Passenger Protection Act, or a
15    similar provision of a local ordinance,  shall  be  collected
16    and  disbursed by the circuit clerk as provided under Section
17    27.5 of the Clerks of Courts Act.
18        (j)  In cases  when  prosecution  for  any  violation  of
19    Section  11-6,  11-8,  11-9,  11-11,  11-14,  11-15, 11-15.1,
20    11-16,  11-17,  11-17.1,  11-18,  11-18.1,  11-19,   11-19.1,
21    11-19.2,  11-20.1,  11-21,  12-13,  12-14, 12-14.1, 12-15, or
22    12-16 of the Criminal Code of  1961,  any  violation  of  the
23    Illinois  Controlled  Substances Act, or any violation of the
24    Cannabis Control Act results in conviction, a disposition  of
25    court  supervision,  or  an  order of probation granted under
26    Section 10 of the Cannabis Control Act or Section 410 of  the
27    Illinois  Controlled  Substance Act of a defendant, the court
28    shall determine  whether  the  defendant  is  employed  by  a
29    facility  or  center  as  defined under the Child Care Act of
30    1969, a public or private elementary or secondary school,  or
31    otherwise  works  with  children  under  18 years of age on a
32    daily basis.  When a defendant  is  so  employed,  the  court
33    shall  order  the  Clerk  of  the Court to send a copy of the
34    judgment of conviction or order of supervision  or  probation
 
HB3387 Engrossed            -14-     LRB093 07217 RLC 12032 b
 1    to  the  defendant's  employer  by  certified  mail.  If  the
 2    employer of the defendant is a school, the Clerk of the Court
 3    shall  direct  the  mailing  of  a  copy  of  the judgment of
 4    conviction or  order  of  supervision  or  probation  to  the
 5    appropriate regional superintendent of schools.  The regional
 6    superintendent  of  schools  shall  notify the State Board of
 7    Education of any notification under this subsection.
 8        (j-5)  A defendant at  least  17  years  of  age  who  is
 9    convicted  of  a  felony  and  who  has  not  been previously
10    convicted of a misdemeanor or felony and who is sentenced  to
11    a   term  of  imprisonment  in  the  Illinois  Department  of
12    Corrections shall as a condition of his or  her  sentence  be
13    required  by the court to attend educational courses designed
14    to prepare the defendant for a high  school  diploma  and  to
15    work  toward  a high school diploma or to work toward passing
16    the high school level Test of General Educational Development
17    (GED) or to work  toward  completing  a  vocational  training
18    program  offered  by  the  Department  of  Corrections.  If a
19    defendant fails to complete the educational training required
20    by his or her sentence during the term of incarceration,  the
21    Prisoner  Review  Board  shall,  as  a condition of mandatory
22    supervised release, require the defendant, at his or her  own
23    expense,  to  pursue  a  course of study toward a high school
24    diploma or passage of the  GED  test.   The  Prisoner  Review
25    Board  shall  revoke  the  mandatory  supervised release of a
26    defendant who wilfully fails to comply with  this  subsection
27    (j-5)  upon  his  or  her release from confinement in a penal
28    institution while  serving  a  mandatory  supervised  release
29    term;  however, the inability of the defendant after making a
30    good faith effort to obtain financial  aid  or  pay  for  the
31    educational  training shall not be deemed a wilful failure to
32    comply.   The  Prisoner  Review  Board  shall  recommit   the
33    defendant  whose  mandatory  supervised release term has been
34    revoked under this subsection (j-5) as  provided  in  Section
 
HB3387 Engrossed            -15-     LRB093 07217 RLC 12032 b
 1    3-3-9.   This  subsection (j-5) does not apply to a defendant
 2    who has a high school diploma or has successfully passed  the
 3    GED test. This subsection (j-5) does not apply to a defendant
 4    who is determined by the court to be developmentally disabled
 5    or otherwise mentally incapable of completing the educational
 6    or vocational program.
 7        (k)  A court may not impose a sentence or disposition for
 8    a  felony  or  misdemeanor  that requires the defendant to be
 9    implanted or injected with  or  to  use  any  form  of  birth
10    control.
11        (l) (A)  Except   as   provided   in   paragraph  (C)  of
12        subsection (l), whenever a defendant, who is an alien  as
13        defined  by  the  Immigration  and  Nationality  Act,  is
14        convicted of any felony or misdemeanor offense, the court
15        after  sentencing  the  defendant may, upon motion of the
16        State's Attorney, hold sentence in  abeyance  and  remand
17        the  defendant  to the custody of the Attorney General of
18        the United States or his or her designated  agent  to  be
19        deported when:
20                  (1)  a  final  order  of  deportation  has been
21             issued against the defendant pursuant to proceedings
22             under the Immigration and Nationality Act, and
23                  (2)  the deportation of the defendant would not
24             deprecate the seriousness of the defendant's conduct
25             and would not  be  inconsistent  with  the  ends  of
26             justice.
27             Otherwise,  the  defendant  shall  be  sentenced  as
28        provided in this Chapter V.
29             (B)  If the defendant has already been sentenced for
30        a  felony  or  misdemeanor offense, or has been placed on
31        probation under Section 10 of the Cannabis Control Act or
32        Section 410 of the Illinois  Controlled  Substances  Act,
33        the  court  may,  upon  motion of the State's Attorney to
34        suspend the sentence imposed, commit the defendant to the
 
HB3387 Engrossed            -16-     LRB093 07217 RLC 12032 b
 1        custody of the Attorney General of the United  States  or
 2        his or her designated agent when:
 3                  (1)  a  final  order  of  deportation  has been
 4             issued against the defendant pursuant to proceedings
 5             under the Immigration and Nationality Act, and
 6                  (2)  the deportation of the defendant would not
 7             deprecate the seriousness of the defendant's conduct
 8             and would not  be  inconsistent  with  the  ends  of
 9             justice.
10             (C)  This subsection (l) does not apply to offenders
11        who  are  subject  to  the provisions of paragraph (2) of
12        subsection (a) of Section 3-6-3.
13             (D)  Upon motion  of  the  State's  Attorney,  if  a
14        defendant  sentenced  under  this  Section returns to the
15        jurisdiction of the United States, the defendant shall be
16        recommitted to the custody of the county from which he or
17        she was sentenced. Thereafter,  the  defendant  shall  be
18        brought before the sentencing court, which may impose any
19        sentence  that  was  available under Section 5-5-3 at the
20        time of initial sentencing.  In addition,  the  defendant
21        shall  not be eligible for additional good conduct credit
22        for meritorious service as provided under Section 3-6-6.
23        (m)  A  person  convicted  of  criminal   defacement   of
24    property  under  Section 21-1.3 of the Criminal Code of 1961,
25    in which the property damage exceeds $300  and  the  property
26    damaged  is  a  school  building, shall be ordered to perform
27    community service  that  may  include  cleanup,  removal,  or
28    painting over the defacement.
29    (Source: P.A.  91-357,  eff.  7-29-99;  91-404,  eff. 1-1-00;
30    91-663, eff. 12-22-99; 91-695,  eff.  4-13-00;  91-953,  eff.
31    2-23-01;  92-183,  eff. 7-27-01; 92-248, eff. 8-3-01; 92-283,
32    eff. 1-1-02; 92-340,  eff.  8-10-01;  92-418,  eff.  8-17-01;
33    92-422,  eff.  8-17-01;  92-651,  eff.  7-11-02; 92-698, eff.
34    7-19-02.)