093_HB3451

 
                                     LRB093 05078 RLC 05138 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 Sections 3-7-6 and 5-5-3 as follows:

 6        (730 ILCS 5/3-7-6) (from Ch. 38, par. 1003-7-6)
 7        Sec. 3-7-6.  Reimbursement for expenses.
 8        (a)  Responsibility   of   committed   persons.  For  the
 9    purposes of this  Section,  "committed  persons"  mean  those
10    persons  who  through judicial determination have been placed
11    in the custody of the Department on the basis of a conviction
12    as an adult.   Committed  persons  shall  be  responsible  to
13    reimburse  the  Department for the expenses incurred by their
14    incarceration at a rate to be determined by the Department in
15    accordance with this Section.  Committed persons  shall  also
16    be  responsible for reimbursing victims of their offenses for
17    the costs of medical  or  dental  services  incurred  by  the
18    victims  as  a  result  of  their  criminal conduct committed
19    against the victims.
20             (1)  Committed persons shall  fully  cooperate  with
21        the    Department   by   providing   complete   financial
22        information for the purposes under this Section.
23             (2)  The failure of  a  committed  person  to  fully
24        cooperate  as  provided  for  in  clauses  (3) and (4) of
25        subsection (a-5) shall be considered for  purposes  of  a
26        parole  determination. Any committed person who willfully
27        refuses to cooperate with the obligations  set  forth  in
28        this  Section  may be subject to the loss of good conduct
29        credit towards his or her sentence of up to 180 days.
30        (a-5)  Assets information form.
31             (1)  The Department  shall  develop  a  form,  which
 
                            -2-      LRB093 05078 RLC 05138 b
 1        shall  be  used  by  the Department to obtain information
 2        from  all  committed  persons  regarding  assets  of  the
 3        persons.
 4             (2)  In order to enable the Department to  determine
 5        the  financial  status  of the committed person, the form
 6        shall provide for obtaining the age and marital status of
 7        a committed person, the number and ages  of  children  of
 8        the  person, the number and ages of other dependents, the
 9        type and value of real estate,  the  type  and  value  of
10        personal  property,  cash and bank accounts, the location
11        of any lock boxes, the type  and  value  of  investments,
12        pensions  and  annuities  and  any  other  personalty  of
13        significant  cash  value,  including  but  not limited to
14        jewelry, art work and collectables, and  all  medical  or
15        dental  insurance policies covering the committed person.
16        The form may also provide for  other  information  deemed
17        pertinent  by  the  Department  in the investigation of a
18        committed person's assets.
19             (3)  Upon  being  developed,  the  form   shall   be
20        submitted  to  each  committed  person as of the date the
21        form is developed  and  to  every  committed  person  who
22        thereafter   is   sentenced  to  imprisonment  under  the
23        jurisdiction  of  the  Department.  The   form   may   be
24        resubmitted  to  a committed person by the Department for
25        purpose of obtaining current  information  regarding  the
26        assets of the person.
27             (4)  Every  committed person shall complete the form
28        or provide for completion of the form and  the  committed
29        person  shall swear under oath or affirm that to the best
30        of his or  her  knowledge  the  information  provided  is
31        complete and accurate.
32        (b)  Expenses.   The rate at which sums to be charged for
33    the expenses incurred by a committed person for  his  or  her
34    confinement  shall  be  computed  by  the  Department  as the
 
                            -3-      LRB093 05078 RLC 05138 b
 1    average per capita cost per  day  for  all  inmates  of  that
 2    institution  or  facility  for that fiscal year.  The average
 3    per capita cost per day shall be computed by  the  Department
 4    based  on  the  average  per  capita  cost  per  day  for the
 5    operation of that institution or facility for the fiscal year
 6    immediately preceding the period of incarceration  for  which
 7    the rate is being calculated.  The Department shall establish
 8    rules  and  regulations  providing for the computation of the
 9    above costs, and shall determine the average per capita  cost
10    per  day  for each of its institutions or facilities for each
11    fiscal year.  The Department shall have the power  to  modify
12    its  rules  and  regulations,  so  as to provide for the most
13    accurate and most current average per  capita  cost  per  day
14    computation.   Where  the  committed  person  is  placed in a
15    facility outside the Department, the Department may  pay  the
16    actual  cost  of  services  in that facility, and may collect
17    reimbursement for the entire amount paid from  the  committed
18    person receiving those services.
19        (c)  Records.   The records of the Department, including,
20    but not limited to, those relating to: the average per capita
21    cost per day for a particular institution or facility  for  a
22    particular  year,  and  the  calculation  of  the average per
23    capita cost per  day;  the  average  daily  population  of  a
24    particular  Department  correctional  institution or facility
25    for a particular year; the specific placement of a particular
26    committed   person   in   various   Department   correctional
27    institutions or facilities for various periods of  time;  and
28    the record of transactions of a particular committed person's
29    trust  account under Section 3-4-3 of this Act; may be proved
30    in any legal proceeding, by a reproduced copy thereof or by a
31    computer  printout   of   Department   records,   under   the
32    certificate  of the Director.  If reproduced copies are used,
33    the Director must certify  that  those  are  true  and  exact
34    copies  of  the  records  on  file  with  the Department.  If
 
                            -4-      LRB093 05078 RLC 05138 b
 1    computer printouts of records of the Department  are  offered
 2    as  proof,  the  Director  must  certify  that those computer
 3    printouts are  true  and  exact  representations  of  records
 4    properly   entered   into   standard   electronic   computing
 5    equipment,   in   the  regular  course  of  the  Department's
 6    business, at or reasonably near the time of the occurrence of
 7    the   facts   recorded,   from   trustworthy   and   reliable
 8    information.  The reproduced copy or computer printout shall,
 9    without further proof, be admitted into evidence in any legal
10    proceeding, and shall be prima facie correct and prima  facie
11    evidence   of  the  accuracy  of  the  information  contained
12    therein.
13        (d)  Authority.   The   Director,   or   the   Director's
14    designee,  may,  when  he or she knows or reasonably believes
15    that a committed person, or the estate of  that  person,  has
16    assets which may be used to satisfy all or part of a judgment
17    rendered  under  this  Act,  or  when  he  or  she  knows  or
18    reasonably  believes  that  a  committed person is engaged in
19    gang-related activity and has a substantial sum of  money  or
20    other  assets,  provide  for  the  forwarding to the Attorney
21    General of a report on the committed person and  that  report
22    shall   contain  a  completed  form  under  subsection  (a-5)
23    together with all other information available concerning  the
24    assets  of  the committed person and an estimate of the total
25    expenses  for  that  committed  person,  and  authorize   the
26    Attorney  General  to  institute  proceedings  to require the
27    persons, or the estates of  the  persons,  to  reimburse  the
28    Department  for  the expenses incurred by their incarceration
29    and to reimburse the victims of their offenses for the  costs
30    of  medical or dental services incurred by their victims as a
31    result of their criminal conduct.  The Attorney General, upon
32    authorization of the Director, or  the  Director's  designee,
33    shall  institute  actions  on  behalf  of  the Department and
34    pursue claims on  the  Department's  or  victims'  behalf  in
 
                            -5-      LRB093 05078 RLC 05138 b
 1    probate and bankruptcy proceedings, to recover from committed
 2    persons  the  expenses  incurred  by their confinement or the
 3    medical or dental costs of their  victims.  For  purposes  of
 4    this  subsection (d), "gang-related" activity has the meaning
 5    ascribed to it in  Section  10  of  the  Illinois  Streetgang
 6    Terrorism Omnibus Prevention Act.
 7        (e)  Scope and limitations.
 8             (1)  No action under this Section shall be initiated
 9        more  than  2  years  after  the  release or death of the
10        committed person in question.
11             (2)  The death of a convicted person,  by  execution
12        or   otherwise,   while   committed   to   a   Department
13        correctional  institution  or facility shall not act as a
14        bar to any action or proceeding under this Section.
15             (3)  The assets  of  a  committed  person,  for  the
16        purposes  of  this  Section,  shall include any property,
17        tangible or intangible, real or personal, belonging to or
18        due to a committed or formerly committed person including
19        income or payments to the person  from  social  security,
20        worker's  compensation,  veteran's  compensation, pension
21        benefits, or from any other source whatsoever and any and
22        all assets and property of whatever character held in the
23        name of the person, held for the benefit of  the  person,
24        or  payable  or otherwise deliverable to the person.  Any
25        trust, or portion of a trust, of which a convicted person
26        is a beneficiary, shall be construed as an asset  of  the
27        person,  to  the  extent  that  benefits  thereunder  are
28        required  to  be  paid to the person, or shall in fact be
29        paid to the person. At the time of a legal proceeding  by
30        the  Attorney  General  under this Section, if it appears
31        that the committed person has any assets which  ought  to
32        be  subjected  to the claim of the Department or a victim
33        under  this  Section,  the  court  may  issue  an   order
34        requiring  any person, corporation, or other legal entity
 
                            -6-      LRB093 05078 RLC 05138 b
 1        possessed  or  having  custody   of   those   assets   to
 2        appropriate any of the assets or a portion thereof toward
 3        reimbursing  the  Department  or  victim  as provided for
 4        under this Section.  No provision of this  Section  shall
 5        be  construed  in  violation  of  any  State  or  federal
 6        limitation on the collection of money judgments.
 7             (4)  Nothing  in  this  Section  shall  preclude the
 8        Department  from  applying  federal  benefits  that   are
 9        specifically  provided  for  the  care and treatment of a
10        committed person toward the cost of care  provided  by  a
11        State facility or private agency.
12    (Source: P.A. 92-564, eff. 1-1-03.)

13        (730 ILCS 5/5-5-3) (from Ch. 38, par. 1005-5-3)
14        Sec. 5-5-3.  Disposition.
15        (a)  Every  person  convicted  of  an  offense  shall  be
16    sentenced as provided in this Section.
17        (b)  The   following   options   shall   be   appropriate
18    dispositions,  alone  or in combination, for all felonies and
19    misdemeanors other than those identified in subsection (c) of
20    this Section:
21             (1)  A period of probation.
22             (2)  A term of periodic imprisonment.
23             (3)  A term of conditional discharge.
24             (4)  A term of imprisonment.
25             (5)  An order directing the offender to clean up and
26        repair the damage, if the offender  was  convicted  under
27        paragraph  (h)  of  Section  21-1 of the Criminal Code of
28        1961.
29             (6)  A fine.
30             (7)  An  order  directing  the  offender   to   make
31        restitution  to  the  victim  under Section 5-5-6 of this
32        Code.
33             (8)  A sentence of participation in a county  impact
 
                            -7-      LRB093 05078 RLC 05138 b
 1        incarceration program under Section 5-8-1.2 of this Code.
 2        Whenever  an individual is sentenced for an offense based
 3    upon an arrest for a  violation  of  Section  11-501  of  the
 4    Illinois  Vehicle  Code,  or  a  similar provision of a local
 5    ordinance,  and  the   professional   evaluation   recommends
 6    remedial  or  rehabilitative  treatment or education, neither
 7    the treatment nor the education shall be the sole disposition
 8    and either or both may be imposed only  in  conjunction  with
 9    another  disposition. The court shall monitor compliance with
10    any remedial education or treatment recommendations contained
11    in the professional evaluation.  Programs conducting  alcohol
12    or  other  drug  evaluation  or  remedial  education  must be
13    licensed by the Department of Human  Services.   However,  if
14    the  individual  is not a resident of Illinois, the court may
15    accept an  alcohol  or  other  drug  evaluation  or  remedial
16    education   program   in   the  state  of  such  individual's
17    residence.  Programs providing  treatment  must  be  licensed
18    under  existing  applicable  alcoholism  and  drug  treatment
19    licensure standards.
20        In addition to any other fine or penalty required by law,
21    any  individual convicted of a violation of Section 11-501 of
22    the Illinois Vehicle Code or a  similar  provision  of  local
23    ordinance,  whose  operation  of  a  motor  vehicle  while in
24    violation of Section 11-501  or  such  ordinance  proximately
25    caused  an  incident  resulting  in  an appropriate emergency
26    response, shall be required to make restitution to  a  public
27    agency  for  the  costs  of  that  emergency  response.  Such
28    restitution shall not exceed $500 per public agency for  each
29    such  emergency response.  For the purpose of this paragraph,
30    emergency  response  shall  mean  any  incident  requiring  a
31    response by: a police officer as defined under Section  1-162
32    of  the Illinois Vehicle Code; a fireman carried on the rolls
33    of a regularly constituted fire department; and an  ambulance
34    as  defined  under  Section  4.05  of  the  Emergency Medical
 
                            -8-      LRB093 05078 RLC 05138 b
 1    Services (EMS) Systems Act.
 2        Neither  a  fine  nor  restitution  shall  be  the   sole
 3    disposition  for  a  felony and either or both may be imposed
 4    only in conjunction with another disposition.
 5        (c) (1)  When a defendant is found guilty of first degree
 6        murder  the  State  may  either  seek   a   sentence   of
 7        imprisonment  under  Section 5-8-1 of this Code, or where
 8        appropriate seek a sentence of death under Section 9-1 of
 9        the Criminal Code of 1961.
10             (2)  A period  of  probation,  a  term  of  periodic
11        imprisonment   or  conditional  discharge  shall  not  be
12        imposed for  the  following  offenses.  The  court  shall
13        sentence  the  offender to not less than the minimum term
14        of imprisonment set forth in this Code for the  following
15        offenses,  and may order a fine or restitution or both in
16        conjunction with such term of imprisonment:
17                  (A)  First  degree  murder  where   the   death
18             penalty is not imposed.
19                  (B)  Attempted first degree murder.
20                  (C)  A Class X felony.
21                  (D)  A violation of Section 401.1 or 407 of the
22             Illinois  Controlled  Substances Act, or a violation
23             of subdivision (c)(1) or (c)(2) of  Section  401  of
24             that  Act  which  relates  to more than 5 grams of a
25             substance containing heroin or cocaine or an  analog
26             thereof.
27                  (E)  A  violation  of  Section  5.1 or 9 of the
28             Cannabis Control Act.
29                  (F)  A  Class  2  or  greater  felony  if   the
30             offender  had been convicted of a Class 2 or greater
31             felony within 10 years of  the  date  on  which  the
32             offender  committed  the offense for which he or she
33             is being sentenced, except as otherwise provided  in
34             Section 40-10 of the Alcoholism and Other Drug Abuse
 
                            -9-      LRB093 05078 RLC 05138 b
 1             and Dependency Act.
 2                  (G)  Residential  burglary, except as otherwise
 3             provided in Section  40-10  of  the  Alcoholism  and
 4             Other Drug Abuse and Dependency Act.
 5                  (H)  Criminal   sexual   assault,   except   as
 6             otherwise   provided   in  subsection  (e)  of  this
 7             Section.
 8                  (I)  Aggravated battery of a senior citizen.
 9                  (J)  A  forcible  felony  if  the  offense  was
10             related to the activities of an organized gang.
11                  Before July 1, 1994, for the purposes  of  this
12             paragraph,  "organized gang" means an association of
13             5 or more persons, with  an  established  hierarchy,
14             that   encourages  members  of  the  association  to
15             perpetrate crimes or provides support to the members
16             of the association who do commit crimes.
17                  Beginning July 1, 1994,  for  the  purposes  of
18             this  paragraph,  "organized  gang"  has the meaning
19             ascribed  to  it  in  Section  10  of  the  Illinois
20             Streetgang Terrorism Omnibus Prevention Act.
21                  (K)  Vehicular hijacking.
22                  (L)  A second or subsequent conviction for  the
23             offense  of  hate  crime when the underlying offense
24             upon  which  the  hate  crime  is  based  is  felony
25             aggravated assault or felony mob action.
26                  (M)  A second or subsequent conviction for  the
27             offense  of institutional vandalism if the damage to
28             the property exceeds $300.
29                  (N)  A Class 3 felony  violation  of  paragraph
30             (1)  of  subsection  (a) of Section 2 of the Firearm
31             Owners Identification Card Act.
32                  (O)  A  violation  of  Section  12-6.1  of  the
33             Criminal Code of 1961.
34                  (P)  A violation of paragraph  (1),  (2),  (3),
 
                            -10-     LRB093 05078 RLC 05138 b
 1             (4),  (5),  or  (7)  of  subsection  (a)  of Section
 2             11-20.1 of the Criminal Code of 1961.
 3                  (Q)  A  violation  of  Section  20-1.2  of  the
 4             Criminal Code of 1961.
 5                  (R)  A  violation  of  Section  24-3A  of   the
 6             Criminal Code of 1961.
 7                  (S)  A  violation  of Section 11-501(c-1)(3) of
 8             the Illinois Vehicle Code.
 9             (3)  A minimum term of imprisonment of not less than
10        5 days  or  30  days  of  community  service  as  may  be
11        determined  by  the  court  shall be imposed for a second
12        violation  committed  within  5  years  of   a   previous
13        violation  of Section 11-501 of the Illinois Vehicle Code
14        or a similar provision of a local ordinance. In the  case
15        of  a  third  or  subsequent violation committed within 5
16        years of a previous violation of Section  11-501  of  the
17        Illinois  Vehicle  Code or a similar provision of a local
18        ordinance,  a  minimum  term  of  either   10   days   of
19        imprisonment  or  60  days  of community service shall be
20        imposed.
21             (4)  A minimum term of imprisonment of not less than
22        10 consecutive days or 30 days of community service shall
23        be imposed for a violation of paragraph  (c)  of  Section
24        6-303 of the Illinois Vehicle Code.
25             (4.1)  A  minimum  term  of  30  consecutive days of
26        imprisonment, 40 days of 24 hour periodic imprisonment or
27        720 hours of community service, as may be  determined  by
28        the  court,  shall  be imposed for a violation of Section
29        11-501 of the Illinois Vehicle Code during  a  period  in
30        which  the  defendant's driving privileges are revoked or
31        suspended, where the revocation or suspension was  for  a
32        violation  of  Section 11-501 or Section 11-501.1 of that
33        Code.
34             (4.2)  Except as provided in paragraph (4.3) of this
 
                            -11-     LRB093 05078 RLC 05138 b
 1        subsection (c), a  minimum  of  100  hours  of  community
 2        service  shall  be  imposed  for  a  second  violation of
 3        Section 6-303 of the Illinois Vehicle Code.
 4             (4.3)  A minimum term of imprisonment of 30 days  or
 5        300  hours  of  community  service,  as determined by the
 6        court,  shall  be  imposed  for  a  second  violation  of
 7        subsection (c) of Section 6-303 of the  Illinois  Vehicle
 8        Code.
 9             (4.4)  Except  as  provided  in  paragraph (4.5) and
10        paragraph (4.6) of this subsection (c), a minimum term of
11        imprisonment  of  30  days  or  300  hours  of  community
12        service, as determined by the court, shall be imposed for
13        a third or subsequent violation of Section 6-303  of  the
14        Illinois Vehicle Code.
15             (4.5)  A  minimum  term  of  imprisonment of 30 days
16        shall be imposed for a third violation of subsection  (c)
17        of Section 6-303 of the Illinois Vehicle Code.
18             (4.6)  A  minimum  term  of imprisonment of 180 days
19        shall be imposed for a fourth or subsequent violation  of
20        subsection  (c)  of Section 6-303 of the Illinois Vehicle
21        Code.
22             (5)  The court may sentence an offender convicted of
23        a business offense or a petty offense or a corporation or
24        unincorporated association convicted of any offense to:
25                  (A)  a period of conditional discharge;
26                  (B)  a fine;
27                  (C)  make  restitution  to  the  victim   under
28             Section 5-5-6 of this Code.
29             (5.1)  In  addition  to  any penalties imposed under
30        paragraph (5) of  this  subsection  (c),  and  except  as
31        provided  in paragraph (5.2) or (5.3), a person convicted
32        of violating subsection (c)  of  Section  11-907  of  the
33        Illinois  Vehicle  Code  shall  have  his or her driver's
34        license, permit, or privileges suspended for at least  90
 
                            -12-     LRB093 05078 RLC 05138 b
 1        days  but  not  more  than  one  year,  if  the violation
 2        resulted in damage to the property of another person.
 3             (5.2)  In addition to any  penalties  imposed  under
 4        paragraph  (5)  of  this  subsection  (c),  and except as
 5        provided  in  paragraph  (5.3),  a  person  convicted  of
 6        violating  subsection  (c)  of  Section  11-907  of   the
 7        Illinois  Vehicle  Code  shall  have  his or her driver's
 8        license, permit, or privileges suspended for at least 180
 9        days but not more than 2 years, if the violation resulted
10        in injury to another person.
11             (5.3)  In addition to any  penalties  imposed  under
12        paragraph  (5) of this subsection (c), a person convicted
13        of violating subsection (c)  of  Section  11-907  of  the
14        Illinois  Vehicle  Code  shall  have  his or her driver's
15        license, permit, or privileges suspended for 2 years,  if
16        the violation resulted in the death of another person.
17             (6)  In  no case shall an offender be eligible for a
18        disposition of probation or conditional discharge  for  a
19        Class  1  felony committed while he was serving a term of
20        probation or conditional discharge for a felony.
21             (7)  When  a  defendant  is  adjudged   a   habitual
22        criminal  under Article 33B of the Criminal Code of 1961,
23        the court shall sentence  the  defendant  to  a  term  of
24        natural life imprisonment.
25             (8)  When  a defendant, over the age of 21 years, is
26        convicted of a Class 1 or Class 2  felony,  after  having
27        twice  been convicted in any state or federal court of an
28        offense that contains the same elements as an offense now
29        classified in Illinois as a  Class  2  or  greater  Class
30        felony  and such charges are separately brought and tried
31        and arise out of different series of acts, such defendant
32        shall be sentenced as a Class X offender. This  paragraph
33        shall not apply unless (1) the first felony was committed
34        after  the effective date of this amendatory Act of 1977;
 
                            -13-     LRB093 05078 RLC 05138 b
 1        and (2) the second felony was committed after  conviction
 2        on  the  first;  and  (3)  the third felony was committed
 3        after conviction on the second. A person sentenced  as  a
 4        Class  X offender under this paragraph is not eligible to
 5        apply for  treatment  as  a  condition  of  probation  as
 6        provided  by  Section  40-10  of the Alcoholism and Other
 7        Drug Abuse and Dependency Act.
 8             (9)  A defendant convicted of a second or subsequent
 9        offense of ritualized abuse of a child may  be  sentenced
10        to a term of natural life imprisonment.
11             (10)  When   a  person  is  convicted  of  violating
12        Section 11-501 of the Illinois Vehicle Code or a  similar
13        provision  of  a local ordinance, the following penalties
14        apply when his or her blood, breath, or urine was .16  or
15        more  based  on the definition of blood, breath, or urine
16        units in Section 11-501.2 or that person is convicted  of
17        violating  Section  11-501  of  the Illinois Vehicle Code
18        while transporting a child under the age of 16:
19                  (A)  For a first violation of subsection (a) of
20             Section 11-501, in addition  to  any  other  penalty
21             that  may be imposed under subsection (c) of Section
22             11-501:  a  mandatory  minimum  of  100   hours   of
23             community service and a minimum fine of $500.
24                  (B)  For  a  second violation of subsection (a)
25             of Section 11-501, in addition to any other  penalty
26             that  may be imposed under subsection (c) of Section
27             11-501 within 10 years: a  mandatory  minimum  of  2
28             days of imprisonment and a minimum fine of $1,250.
29                  (C)  For a third violation of subsection (a) of
30             Section  11-501,  in  addition  to any other penalty
31             that may be imposed under subsection (c) of  Section
32             11-501  within  20  years: a mandatory minimum of 90
33             days of imprisonment and a minimum fine of $2,500.
34                  (D)  For a fourth or  subsequent  violation  of
 
                            -14-     LRB093 05078 RLC 05138 b
 1             subsection  (a) of Section 11-501: ineligibility for
 2             a sentence of probation or conditional discharge and
 3             a minimum fine of $2,500.
 4        (d)  In any case in which a sentence  originally  imposed
 5    is  vacated,  the  case shall be remanded to the trial court.
 6    The trial court shall hold a hearing under Section  5-4-1  of
 7    the Unified Code of Corrections which may include evidence of
 8    the  defendant's  life, moral character and occupation during
 9    the time since the original sentence was passed.   The  trial
10    court  shall  then  impose  sentence upon the defendant.  The
11    trial court may impose any sentence  which  could  have  been
12    imposed at the original trial subject to Section 5-5-4 of the
13    Unified  Code  of  Corrections.  If  a sentence is vacated on
14    appeal or on collateral attack due  to  the  failure  of  the
15    trier of fact at trial to determine beyond a reasonable doubt
16    the  existence  of  a  fact  (other  than a prior conviction)
17    necessary to increase the punishment for the  offense  beyond
18    the   statutory  maximum  otherwise  applicable,  either  the
19    defendant may be re-sentenced to  a  term  within  the  range
20    otherwise  provided  or,  if  the  State  files notice of its
21    intention to again seek the extended sentence, the  defendant
22    shall be afforded a new trial.
23        (e)  In  cases  where  prosecution  for  criminal  sexual
24    assault  or  aggravated  criminal  sexual abuse under Section
25    12-13 or 12-16 of  the  Criminal  Code  of  1961  results  in
26    conviction  of  a  defendant  who  was a family member of the
27    victim at the time of the  commission  of  the  offense,  the
28    court shall consider the safety and welfare of the victim and
29    may impose a sentence of probation only where:
30             (1)  the   court  finds  (A)  or  (B)  or  both  are
31        appropriate:
32                  (A)  the defendant  is  willing  to  undergo  a
33             court  approved  counseling  program  for  a minimum
34             duration of 2 years; or
 
                            -15-     LRB093 05078 RLC 05138 b
 1                  (B)  the defendant is willing to participate in
 2             a court approved plan including but not  limited  to
 3             the defendant's:
 4                       (i)  removal from the household;
 5                       (ii)  restricted contact with the victim;
 6                       (iii)  continued  financial support of the
 7                  family;
 8                       (iv)  restitution for  harm  done  to  the
 9                  victim; and
10                       (v)  compliance  with  any  other measures
11                  that the court may deem appropriate; and
12             (2)  the court orders the defendant to pay  for  the
13        victim's  counseling  services,  to  the  extent that the
14        court finds, after considering the defendant's income and
15        assets, that the  defendant  is  financially  capable  of
16        paying  for  such  services,  if  the victim was under 18
17        years of age at the time the offense  was  committed  and
18        requires counseling as a result of the offense.
19        Probation  may be revoked or modified pursuant to Section
20    5-6-4; except where the court determines at the hearing  that
21    the  defendant  violated  a condition of his or her probation
22    restricting contact with the victim or other  family  members
23    or  commits  another  offense with the victim or other family
24    members, the court shall revoke the defendant's probation and
25    impose a term of imprisonment.
26        For the purposes of this  Section,  "family  member"  and
27    "victim"  shall have the meanings ascribed to them in Section
28    12-12 of the Criminal Code of 1961.
29        (f)  This Article shall not  deprive  a  court  in  other
30    proceedings  to order a forfeiture of property, to suspend or
31    cancel a license, to remove  a  person  from  office,  or  to
32    impose any other civil penalty.
33        (g)  Whenever  a  defendant  is  convicted  of an offense
34    under Sections 11-14, 11-15, 11-15.1,  11-16,  11-17,  11-18,
 
                            -16-     LRB093 05078 RLC 05138 b
 1    11-18.1,  11-19,  11-19.1,  11-19.2,  12-13,  12-14, 12-14.1,
 2    12-15 or 12-16 of the Criminal Code of  1961,  the  defendant
 3    shall  undergo  medical  testing  to  determine  whether  the
 4    defendant has any sexually transmissible disease, including a
 5    test for infection with human immunodeficiency virus (HIV) or
 6    any    other   identified   causative   agent   of   acquired
 7    immunodeficiency syndrome  (AIDS).   Any  such  medical  test
 8    shall  be  performed  only  by appropriately licensed medical
 9    practitioners and may  include  an  analysis  of  any  bodily
10    fluids  as  well as an examination of the defendant's person.
11    Except as otherwise provided by law, the results of such test
12    shall be kept strictly confidential by all medical  personnel
13    involved in the testing and must be personally delivered in a
14    sealed  envelope  to  the  judge  of  the  court in which the
15    conviction was entered for the judge's inspection in  camera.
16    Acting  in  accordance  with the best interests of the victim
17    and the public,  the  judge  shall  have  the  discretion  to
18    determine  to whom, if anyone, the results of the testing may
19    be revealed. The court shall notify the defendant of the test
20    results.  The court shall also notify the victim if requested
21    by the victim, and if the victim is under the age of  15  and
22    if  requested  by the victim's parents or legal guardian, the
23    court shall notify the victim's parents or legal guardian  of
24    the test results.  The court shall provide information on the
25    availability  of  HIV testing and counseling at Department of
26    Public Health facilities to all parties to whom  the  results
27    of  the  testing  are  revealed  and shall direct the State's
28    Attorney to  provide  the  information  to  the  victim  when
29    possible. A State's Attorney may petition the court to obtain
30    the  results of any HIV test administered under this Section,
31    and the court shall  grant  the  disclosure  if  the  State's
32    Attorney  shows it is relevant in order to prosecute a charge
33    of criminal transmission of HIV under Section 12-16.2 of  the
34    Criminal Code of 1961 against the defendant.  The court shall
 
                            -17-     LRB093 05078 RLC 05138 b
 1    order  that  the  cost  of any such test shall be paid by the
 2    county and may  be  taxed  as  costs  against  the  convicted
 3    defendant.
 4        (g-5)  When   an   inmate   is  tested  for  an  airborne
 5    communicable  disease,  as   determined   by   the   Illinois
 6    Department  of  Public  Health  including  but not limited to
 7    tuberculosis, the results of the  test  shall  be  personally
 8    delivered  by  the  warden or his or her designee in a sealed
 9    envelope to the judge of the court in which the  inmate  must
10    appear  for  the judge's inspection in camera if requested by
11    the judge.  Acting in accordance with the best  interests  of
12    those  in  the courtroom, the judge shall have the discretion
13    to determine what if any precautions  need  to  be  taken  to
14    prevent transmission of the disease in the courtroom.
15        (h)  Whenever  a  defendant  is  convicted  of an offense
16    under Section 1 or 2 of the Hypodermic Syringes  and  Needles
17    Act, the defendant shall undergo medical testing to determine
18    whether   the   defendant   has   been   exposed   to   human
19    immunodeficiency   virus   (HIV)   or  any  other  identified
20    causative agent of acquired immunodeficiency syndrome (AIDS).
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 public,
27    the judge shall have the discretion to determine to whom,  if
28    anyone, the results of the testing may be revealed. The court
29    shall  notify  the  defendant  of  a positive test showing an
30    infection with the human immunodeficiency  virus  (HIV).  The
31    court  shall  provide  information on the availability of HIV
32    testing  and  counseling  at  Department  of  Public   Health
33    facilities  to all parties to whom the results of the testing
34    are revealed and shall direct the State's Attorney to provide
 
                            -18-     LRB093 05078 RLC 05138 b
 1    the information  to  the  victim  when  possible.  A  State's
 2    Attorney  may petition the court to obtain the results of any
 3    HIV test administered under  this   Section,  and  the  court
 4    shall  grant  the disclosure if the State's Attorney shows it
 5    is relevant in  order  to  prosecute  a  charge  of  criminal
 6    transmission  of  HIV  under  Section 12-16.2 of the Criminal
 7    Code of 1961 against the defendant.  The  court  shall  order
 8    that  the  cost  of any such test shall be paid by the county
 9    and may be taxed as costs against the convicted defendant.
10        (i)  All fines and penalties imposed under  this  Section
11    for any violation of Chapters 3, 4, 6, and 11 of the Illinois
12    Vehicle  Code,  or  a similar provision of a local ordinance,
13    and any violation of the Child Passenger Protection Act, or a
14    similar provision of a local ordinance,  shall  be  collected
15    and  disbursed by the circuit clerk as provided under Section
16    27.5 of the Clerks of Courts Act.
17        (j)  In cases  when  prosecution  for  any  violation  of
18    Section  11-6,  11-8,  11-9,  11-11,  11-14,  11-15, 11-15.1,
19    11-16,  11-17,  11-17.1,  11-18,  11-18.1,  11-19,   11-19.1,
20    11-19.2,  11-20.1,  11-21,  12-13,  12-14, 12-14.1, 12-15, or
21    12-16 of the Criminal Code of  1961,  any  violation  of  the
22    Illinois  Controlled  Substances Act, or any violation of the
23    Cannabis Control Act results in conviction, a disposition  of
24    court  supervision,  or  an  order of probation granted under
25    Section 10 of the Cannabis Control Act or Section 410 of  the
26    Illinois  Controlled  Substance Act of a defendant, the court
27    shall determine  whether  the  defendant  is  employed  by  a
28    facility  or  center  as  defined under the Child Care Act of
29    1969, a public or private elementary or secondary school,  or
30    otherwise  works  with  children  under  18 years of age on a
31    daily basis.  When a defendant  is  so  employed,  the  court
32    shall  order  the  Clerk  of  the Court to send a copy of the
33    judgment of conviction or order of supervision  or  probation
34    to  the  defendant's  employer  by  certified  mail.  If  the
 
                            -19-     LRB093 05078 RLC 05138 b
 1    employer of the defendant is a school, the Clerk of the Court
 2    shall  direct  the  mailing  of  a  copy  of  the judgment of
 3    conviction or  order  of  supervision  or  probation  to  the
 4    appropriate regional superintendent of schools.  The regional
 5    superintendent  of  schools  shall  notify the State Board of
 6    Education of any notification under this subsection.
 7        (j-5)  A defendant at  least  17  years  of  age  who  is
 8    convicted  of  a  felony  and  who  has  not  been previously
 9    convicted of a misdemeanor or felony and who is sentenced  to
10    a   term  of  imprisonment  in  the  Illinois  Department  of
11    Corrections shall as a condition of his or  her  sentence  be
12    required  by the court to attend educational courses designed
13    to prepare the defendant for a high  school  diploma  and  to
14    work  toward  a high school diploma or to work toward passing
15    the high school level Test of General Educational Development
16    (GED) or to work  toward  completing  a  vocational  training
17    program  offered  by  the  Department  of  Corrections.  If a
18    defendant fails to complete the educational training required
19    by his or her sentence during the term of incarceration,  the
20    Prisoner  Review  Board  shall,  as  a condition of mandatory
21    supervised release, require the defendant, at his or her  own
22    expense,  to  pursue  a  course of study toward a high school
23    diploma or passage of the  GED  test.   The  Prisoner  Review
24    Board  shall  revoke  the  mandatory  supervised release of a
25    defendant who wilfully fails to comply with  this  subsection
26    (j-5)  upon  his  or  her release from confinement in a penal
27    institution while  serving  a  mandatory  supervised  release
28    term;  however, the inability of the defendant after making a
29    good faith effort to obtain financial  aid  or  pay  for  the
30    educational  training shall not be deemed a wilful failure to
31    comply.   The  Prisoner  Review  Board  shall  recommit   the
32    defendant  whose  mandatory  supervised release term has been
33    revoked under this subsection (j-5) as  provided  in  Section
34    3-3-9.   This  subsection (j-5) does not apply to a defendant
 
                            -20-     LRB093 05078 RLC 05138 b
 1    who has a high school diploma or has successfully passed  the
 2    GED test. This subsection (j-5) does not apply to a defendant
 3    who is determined by the court to be developmentally disabled
 4    or otherwise mentally incapable of completing the educational
 5    or vocational program.
 6        (k)  A court may not impose a sentence or disposition for
 7    a  felony  or  misdemeanor  that requires the defendant to be
 8    implanted or injected with  or  to  use  any  form  of  birth
 9    control.
10        (l) (A)  Except   as   provided   in   paragraph  (C)  of
11        subsection (l), whenever a defendant, who is an alien  as
12        defined  by  the  Immigration  and  Nationality  Act,  is
13        convicted of any felony or misdemeanor offense, the court
14        after  sentencing  the  defendant may, upon motion of the
15        State's Attorney, hold sentence in  abeyance  and  remand
16        the  defendant  to the custody of the Attorney General of
17        the United States or his or her designated  agent  to  be
18        deported when:
19                  (1)  a  final  order  of  deportation  has been
20             issued against the defendant pursuant to proceedings
21             under the Immigration and Nationality Act, and
22                  (2)  the deportation of the defendant would not
23             deprecate the seriousness of the defendant's conduct
24             and would not  be  inconsistent  with  the  ends  of
25             justice.
26             Otherwise,  the  defendant  shall  be  sentenced  as
27        provided in this Chapter V.
28             (B)  If the defendant has already been sentenced for
29        a  felony  or  misdemeanor offense, or has been placed on
30        probation under Section 10 of the Cannabis Control Act or
31        Section 410 of the Illinois  Controlled  Substances  Act,
32        the  court  may,  upon  motion of the State's Attorney to
33        suspend the sentence imposed, commit the defendant to the
34        custody of the Attorney General of the United  States  or
 
                            -21-     LRB093 05078 RLC 05138 b
 1        his or her designated agent when:
 2                  (1)  a  final  order  of  deportation  has been
 3             issued against the defendant pursuant to proceedings
 4             under the Immigration and Nationality Act, and
 5                  (2)  the deportation of the defendant would not
 6             deprecate the seriousness of the defendant's conduct
 7             and would not  be  inconsistent  with  the  ends  of
 8             justice.
 9             (C)  This subsection (l) does not apply to offenders
10        who  are  subject  to  the provisions of paragraph (2) of
11        subsection (a) of Section 3-6-3.
12             (D)  Upon motion  of  the  State's  Attorney,  if  a
13        defendant  sentenced  under  this  Section returns to the
14        jurisdiction of the United States, the defendant shall be
15        recommitted to the custody of the county from which he or
16        she was sentenced. Thereafter,  the  defendant  shall  be
17        brought before the sentencing court, which may impose any
18        sentence  that  was  available under Section 5-5-3 at the
19        time of initial sentencing.  In addition,  the  defendant
20        shall  not be eligible for additional good conduct credit
21        for meritorious service as provided under Section 3-6-6.
22        (m)  A  person  convicted  of  criminal   defacement   of
23    property  under  Section 21-1.3 of the Criminal Code of 1961,
24    in which the property damage exceeds $300  and  the  property
25    damaged  is  a  school  building, shall be ordered to perform
26    community service  that  may  include  cleanup,  removal,  or
27    painting over the defacement.
28        (n)  A  person  convicted  of  an offense that results in
29    injury to a victim shall be ordered to pay for the medical or
30    dental costs incurred by the victim in seeking treatment  for
31    those injuries inflicted by the person convicted.
32    (Source: P.A.  91-357,  eff.  7-29-99;  91-404,  eff. 1-1-00;
33    91-663, eff. 12-22-99; 91-695,  eff.  4-13-00;  91-953,  eff.
34    2-23-01;  92-183,  eff. 7-27-01; 92-248, eff. 8-3-01; 92-283,
 
                            -22-     LRB093 05078 RLC 05138 b
 1    eff. 1-1-02; 92-340,  eff.  8-10-01;  92-418,  eff.  8-17-01;
 2    92-422,  eff.  8-17-01;  92-651,  eff.  7-11-02; 92-698, eff.
 3    7-19-02.)