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95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008 HB0132
Introduced 1/19/2007, by Rep. Ed Sullivan, Jr. SYNOPSIS AS INTRODUCED: |
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730 ILCS 5/5-5-3 |
from Ch. 38, par. 1005-5-3 |
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Amends the Unified Code of Corrections. Provides that a person convicted of or placed on court supervision for an assault or aggravated assault when the victim and the offender are family or household members as defined in the Illinois Domestic Violence Act of 1986 or convicted of domestic battery or aggravated domestic battery shall be required to attend anger management classes under such terms and conditions imposed by the court. Provides that the costs of such classes shall be paid by the offender. Effective immediately.
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A BILL FOR
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HB0132 |
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LRB095 04008 RLC 24042 b |
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| AN ACT concerning criminal law.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Unified Code of Corrections is amended by |
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| changing Section 5-5-3 as follows:
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| (730 ILCS 5/5-5-3) (from Ch. 38, par. 1005-5-3)
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| (Text of Section before amendment by P.A. 94-1035 )
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| Sec. 5-5-3. Disposition.
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| (a) Except as provided in Section 11-501 of the Illinois |
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| Vehicle Code, every person convicted of an offense shall be |
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| sentenced as provided
in this Section.
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| (b) The following options shall be appropriate |
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| dispositions, alone
or in combination, for all felonies and |
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| misdemeanors other than those
identified in subsection (c) of |
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| this Section:
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| (1) A period of probation.
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| (2) A term of periodic imprisonment.
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| (3) A term of conditional discharge.
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| (4) A term of imprisonment.
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| (5) An order directing the offender to clean up and |
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| repair the
damage, if the offender was convicted under |
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| paragraph (h) of Section
21-1 of the Criminal Code of 1961 |
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| (now repealed).
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HB0132 |
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LRB095 04008 RLC 24042 b |
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| (6) A fine.
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| (7) An order directing the offender to make restitution |
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| to the
victim under Section 5-5-6 of this Code.
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| (8) A sentence of participation in a county impact |
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| incarceration
program under Section 5-8-1.2 of this Code. |
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| (9) A term of imprisonment in combination with a term |
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| of probation when the offender has been admitted into a |
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| drug court program under Section 20 of the Drug Court |
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| Treatment Act.
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| Neither a fine nor restitution shall be the sole |
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| disposition
for a felony and either or both may be imposed only |
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| in conjunction with
another disposition.
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| (c) (1) When a defendant is found guilty of first degree |
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| murder the
State may either seek a sentence of imprisonment |
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| under Section 5-8-1 of
this Code, or where appropriate seek |
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| a sentence of death under Section 9-1
of the Criminal Code |
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| of 1961.
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| (2) A period of probation, a term of periodic |
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| imprisonment or
conditional discharge shall not be imposed |
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| for the following offenses.
The court shall sentence the |
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| offender to not less than the minimum term
of imprisonment |
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| set forth in this Code for the following offenses, and
may |
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| order a fine or restitution or both in conjunction with |
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| such term of
imprisonment:
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| (A) First degree murder where the death penalty is |
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| not imposed.
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LRB095 04008 RLC 24042 b |
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| (B) Attempted first degree murder.
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| (C) A Class X felony.
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| (D) A violation of Section 401.1 or 407 of the
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| Illinois Controlled Substances Act, or a violation of |
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| subdivision (c)(1) or
(c)(2) of
Section 401 of that Act |
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| which relates to more than 5 grams of a substance
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| containing heroin or cocaine or an analog thereof.
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| (E) A violation of Section 5.1 or 9 of the Cannabis |
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| Control
Act.
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| (F) A Class 2 or greater felony if the offender had |
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| been convicted
of a Class 2 or greater felony within 10 |
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| years of the date on which the
offender
committed the |
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| offense for which he or she is being sentenced, except |
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| as
otherwise provided in Section 40-10 of the |
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| Alcoholism and Other Drug Abuse and
Dependency Act.
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| (F-5) A violation of Section 24-1, 24-1.1, or |
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| 24-1.6 of the Criminal Code of 1961 for which |
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| imprisonment is prescribed in those Sections.
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| (G) Residential burglary, except as otherwise |
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| provided in Section 40-10
of the Alcoholism and Other |
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| Drug Abuse and Dependency Act.
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| (H) Criminal sexual assault.
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| (I) Aggravated battery of a senior citizen.
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| (J) A forcible felony if the offense was related to |
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| the activities of an
organized gang.
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| Before July 1, 1994, for the purposes of this |
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LRB095 04008 RLC 24042 b |
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| paragraph, "organized
gang" means an association of 5 |
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| or more persons, with an established hierarchy,
that |
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| encourages members of the association to perpetrate |
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| crimes or provides
support to the members of the |
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| association who do commit crimes.
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| Beginning July 1, 1994, for the purposes of this |
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| paragraph,
"organized gang" has the meaning ascribed |
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| to it in Section 10 of the Illinois
Streetgang |
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| Terrorism Omnibus Prevention Act.
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| (K) Vehicular hijacking.
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| (L) A second or subsequent conviction for the |
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| offense of hate crime
when the underlying offense upon |
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| which the hate crime is based is felony
aggravated
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| assault or felony mob action.
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| (M) A second or subsequent conviction for the |
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| offense of institutional
vandalism if the damage to the |
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| property exceeds $300.
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| (N) A Class 3 felony violation of paragraph (1) of |
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| subsection (a) of
Section 2 of the Firearm Owners |
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| Identification Card Act.
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| (O) A violation of Section 12-6.1 of the Criminal |
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| Code of 1961.
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| (P) A violation of paragraph (1), (2), (3), (4), |
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| (5), or (7) of
subsection (a)
of Section 11-20.1 of the |
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| Criminal Code of 1961.
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| (Q) A violation of Section 20-1.2 or 20-1.3 of the |
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LRB095 04008 RLC 24042 b |
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| Criminal Code of
1961.
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| (R) A violation of Section 24-3A of the Criminal |
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| Code of
1961.
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| (S) (Blank).
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| (T) A second or subsequent violation of the |
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| Methamphetamine Control and Community Protection Act.
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| (3) (Blank).
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| (4) A minimum term of imprisonment of not less than 10
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| consecutive days or 30 days of community service shall be |
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| imposed for a
violation of paragraph (c) of Section 6-303 |
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| of the Illinois Vehicle Code.
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| (4.1) (Blank).
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| (4.2) Except as provided in paragraph (4.3) of this |
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| subsection (c), a
minimum of
100 hours of community service |
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| shall be imposed for a second violation of
Section 6-303
of |
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| the Illinois Vehicle Code.
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| (4.3) A minimum term of imprisonment of 30 days or 300 |
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| hours of community
service, as determined by the court, |
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| shall
be imposed for a second violation of subsection (c) |
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| of Section 6-303 of the
Illinois Vehicle Code.
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| (4.4) Except as provided in paragraph (4.5) and |
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| paragraph (4.6) of this
subsection (c), a
minimum term of |
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| imprisonment of 30 days or 300 hours of community service, |
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| as
determined by the court, shall
be imposed
for a third or |
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| subsequent violation of Section 6-303 of the Illinois |
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| Vehicle
Code.
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LRB095 04008 RLC 24042 b |
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| (4.5) A minimum term of imprisonment of 30 days
shall |
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| be imposed for a third violation of subsection (c) of
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| Section 6-303 of the Illinois Vehicle Code.
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| (4.6) A minimum term of imprisonment of 180 days shall |
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| be imposed for a
fourth or subsequent violation of |
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| subsection (c) of Section 6-303 of the
Illinois Vehicle |
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| Code.
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| (5) The court may sentence an offender convicted of a |
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| business
offense or a petty offense or a corporation or |
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| unincorporated
association convicted of any offense to:
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| (A) a period of conditional discharge;
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| (B) a fine;
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| (C) make restitution to the victim under Section |
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| 5-5-6 of this Code.
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| (5.1) In addition to any penalties imposed under |
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| paragraph (5) of this
subsection (c), and except as |
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| provided in paragraph (5.2) or (5.3), a person
convicted of |
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| violating subsection (c) of Section 11-907 of the Illinois
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| Vehicle Code shall have his or her driver's license, |
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| permit, or privileges
suspended for at least 90 days but |
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| not more than one year, if the violation
resulted in damage |
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| to the property of another person.
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| (5.2) In addition to any penalties imposed under |
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| paragraph (5) of this
subsection (c), and except as |
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| provided in paragraph (5.3), a person convicted
of |
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| violating subsection (c) of Section 11-907 of the Illinois |
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LRB095 04008 RLC 24042 b |
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| Vehicle Code
shall have his or her driver's license, |
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| permit, or privileges suspended for at
least 180 days but |
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| not more than 2 years, if the violation resulted in injury
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| to
another person.
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| (5.3) In addition to any penalties imposed under |
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| paragraph (5) of
this
subsection (c), a person convicted of |
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| violating subsection (c) of Section
11-907 of the Illinois |
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| Vehicle Code shall have his or her driver's license,
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| permit, or privileges suspended for 2 years, if the |
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| violation resulted in the
death of another person.
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| (6) In no case shall an offender be eligible for a |
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| disposition of
probation or conditional discharge for a |
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| Class 1 felony committed while
he was serving a term of |
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| probation or conditional discharge for a felony.
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| (7) When a defendant is adjudged a habitual criminal |
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| under Article
33B of the Criminal Code of 1961, the court |
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| shall sentence
the defendant to a term of natural life |
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| imprisonment.
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| (8) When a defendant, over the age of 21 years, is |
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| convicted of a
Class 1 or Class 2 felony, after having |
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| twice been convicted
in any state or
federal court of an |
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| offense that contains the same elements as an offense now
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| classified in Illinois as a Class 2 or greater Class felony
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| and such charges are
separately brought and tried and arise |
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| out of different series of acts,
such defendant shall be |
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| sentenced as a Class X offender. This paragraph
shall not |
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LRB095 04008 RLC 24042 b |
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| apply unless (1) the first felony was committed after the
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| effective date of this amendatory Act of 1977; and (2) the |
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| second felony
was committed after conviction on the first; |
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| and (3) the third felony
was committed after conviction on |
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| the second.
A person sentenced as a Class X offender under |
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| this paragraph is not
eligible to apply for treatment as a |
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| condition of probation as provided by
Section 40-10 of the |
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| Alcoholism and Other Drug Abuse and Dependency Act.
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| (9) A defendant convicted of a second or subsequent |
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| offense of ritualized
abuse of a child may be sentenced to |
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| a term of natural life imprisonment.
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| (10) (Blank).
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| (11) The court shall impose a minimum fine of $1,000 |
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| for a first offense
and $2,000 for a second or subsequent |
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| offense upon a person convicted of or
placed on supervision |
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| for battery when the individual harmed was a sports
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| official or coach at any level of competition and the act |
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| causing harm to the
sports
official or coach occurred |
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| within an athletic facility or within the immediate |
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| vicinity
of the athletic facility at which the sports |
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| official or coach was an active
participant
of the athletic |
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| contest held at the athletic facility. For the purposes of
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| this paragraph (11), "sports official" means a person at an |
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| athletic contest
who enforces the rules of the contest, |
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| such as an umpire or referee; "athletic facility" means an |
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| indoor or outdoor playing field or recreational area where |
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LRB095 04008 RLC 24042 b |
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| sports activities are conducted;
and "coach" means a person |
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| recognized as a coach by the sanctioning
authority that |
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| conducted the sporting event. |
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| (12) A person may not receive a disposition of court |
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| supervision for a
violation of Section 5-16 of the Boat |
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| Registration and Safety Act if that
person has previously |
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| received a disposition of court supervision for a
violation |
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| of that Section.
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| (13) A person convicted of or placed on court |
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| supervision for an assault or aggravated assault when the |
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| victim and the offender are family or household members as |
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| defined in Section 103 of the Illinois Domestic Violence |
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| Act of 1986 or convicted of domestic battery or aggravated |
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| domestic battery shall be required to attend anger |
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| management classes under such terms and conditions imposed |
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| by the court. The costs of such classes shall be paid by |
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| the offender.
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| (d) In any case in which a sentence originally imposed is |
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| vacated,
the case shall be remanded to the trial court. The |
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| trial court shall
hold a hearing under Section 5-4-1 of the |
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| Unified Code of Corrections
which may include evidence of the |
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| defendant's life, moral character and
occupation during the |
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| time since the original sentence was passed. The
trial court |
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| shall then impose sentence upon the defendant. The trial
court |
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| may impose any sentence which could have been imposed at the
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| original trial subject to Section 5-5-4 of the Unified Code of |
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HB0132 |
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LRB095 04008 RLC 24042 b |
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| Corrections.
If a sentence is vacated on appeal or on |
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| collateral attack due to the
failure of the trier of fact at |
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| trial to determine beyond a reasonable doubt
the
existence of a |
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| fact (other than a prior conviction) necessary to increase the
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| punishment for the offense beyond the statutory maximum |
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| otherwise applicable,
either the defendant may be re-sentenced |
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| to a term within the range otherwise
provided or, if the State |
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| files notice of its intention to again seek the
extended |
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| sentence, the defendant shall be afforded a new trial.
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| (e) In cases where prosecution for
aggravated criminal |
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| sexual abuse under Section 12-16 of the
Criminal Code of 1961 |
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| results in conviction of a defendant
who was a family member of |
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| the victim at the time of the commission of the
offense, the |
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| court shall consider the safety and welfare of the victim and
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| may impose a sentence of probation only where:
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| (1) the court finds (A) or (B) or both are appropriate:
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| (A) the defendant is willing to undergo a court |
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| approved counseling
program for a minimum duration of 2 |
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| years; or
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| (B) the defendant is willing to participate in a |
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| court approved plan
including but not limited to the |
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| defendant's:
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| (i) removal from the household;
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| (ii) restricted contact with the victim;
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| (iii) continued financial support of the |
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| family;
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LRB095 04008 RLC 24042 b |
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| (iv) restitution for harm done to the victim; |
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| and
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| (v) compliance with any other measures that |
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| the court may
deem appropriate; and
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| (2) the court orders the defendant to pay for the |
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| victim's counseling
services, to the extent that the court |
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| finds, after considering the
defendant's income and |
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| assets, that the defendant is financially capable of
paying |
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| for such services, if the victim was under 18 years of age |
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| at the
time the offense was committed and requires |
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| counseling as a result of the
offense.
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| Probation may be revoked or modified pursuant to Section |
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| 5-6-4; except
where the court determines at the hearing that |
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| the defendant violated a
condition of his or her probation |
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| restricting contact with the victim or
other family members or |
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| commits another offense with the victim or other
family |
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| members, the court shall revoke the defendant's probation and
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| impose a term of imprisonment.
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| For the purposes of this Section, "family member" and |
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| "victim" shall have
the meanings ascribed to them in Section |
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| 12-12 of the Criminal Code of
1961.
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| (f) This Article shall not deprive a court in other |
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| proceedings to
order a forfeiture of property, to suspend or |
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| cancel a license, to
remove a person from office, or to impose |
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| any other civil penalty.
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| (g) Whenever a defendant is convicted of an offense under |
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LRB095 04008 RLC 24042 b |
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| Sections
11-14, 11-15, 11-15.1, 11-16, 11-17, 11-18, 11-18.1, |
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| 11-19, 11-19.1, 11-19.2,
12-13, 12-14, 12-14.1, 12-15 or 12-16 |
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| of the Criminal Code of 1961,
the defendant shall undergo |
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| medical testing to
determine whether the defendant has any |
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| sexually transmissible disease,
including a test for infection |
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| with human immunodeficiency virus (HIV) or
any other identified |
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| causative agent of acquired immunodeficiency syndrome
(AIDS). |
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| Any such medical test shall be performed only by appropriately
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| licensed medical practitioners and may include an analysis of |
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| any bodily
fluids as well as an examination of the defendant's |
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| person.
Except as otherwise provided by law, the results of |
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| such test shall be kept
strictly confidential by all medical |
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| personnel involved in the testing and must
be personally |
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| delivered in a sealed envelope to the judge of the court in |
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| which
the conviction was entered for the judge's inspection in |
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| camera. Acting in
accordance with the best interests of the |
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| victim and the public, the judge
shall have the discretion to |
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| determine to whom, if anyone, the results of the
testing may be |
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| revealed. The court shall notify the defendant
of the test |
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| results. The court shall
also notify the victim if requested by |
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| the victim, and if the victim is under
the age of 15 and if |
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| requested by the victim's parents or legal guardian, the
court |
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| shall notify the victim's parents or legal guardian of the test
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| results.
The court shall provide information on the |
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| availability of HIV testing
and counseling at Department of |
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| Public Health facilities to all parties to
whom the results of |
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LRB095 04008 RLC 24042 b |
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| the testing are revealed and shall direct the State's
Attorney |
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| to provide the information to the victim when possible.
A |
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| State's Attorney may petition the court to obtain the results |
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| of any HIV test
administered under this Section, and the court |
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| shall grant the disclosure if
the State's Attorney shows it is |
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| relevant in order to prosecute a charge of
criminal |
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| transmission of HIV under Section 12-16.2 of the Criminal Code |
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| of 1961
against the defendant. The court shall order that the |
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| cost of any such test
shall be paid by the county and may be |
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| taxed as costs against the convicted
defendant.
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| (g-5) When an inmate is tested for an airborne communicable |
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| disease, as
determined by the Illinois Department of Public |
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| Health including but not
limited to tuberculosis, the results |
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| of the test shall be
personally delivered by the warden or his |
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| or her designee in a sealed envelope
to the judge of the court |
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| in which the inmate must appear for the judge's
inspection in |
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| camera if requested by the judge. Acting in accordance with the
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| best interests of those in the courtroom, the judge shall have |
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| the discretion
to determine what if any precautions need to be |
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| taken to prevent transmission
of the disease in the courtroom.
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| (h) Whenever a defendant is convicted of an offense under |
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| Section 1 or 2
of the Hypodermic Syringes and Needles Act, the |
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| defendant shall undergo
medical testing to determine whether |
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| the defendant has been exposed to human
immunodeficiency virus |
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| (HIV) or any other identified causative agent of
acquired |
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| immunodeficiency syndrome (AIDS). Except as otherwise provided |
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HB0132 |
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LRB095 04008 RLC 24042 b |
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| by
law, the results of such test shall be kept strictly |
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| confidential by all
medical personnel involved in the testing |
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| and must be personally delivered in a
sealed envelope to the |
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| judge of the court in which the conviction was entered
for the |
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| judge's inspection in camera. Acting in accordance with the |
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| best
interests of the public, the judge shall have the |
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| discretion to determine to
whom, if anyone, the results of the |
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| testing may be revealed. The court shall
notify the defendant |
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| of a positive test showing an infection with the human
|
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| immunodeficiency virus (HIV). The court shall provide |
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| information on the
availability of HIV testing and counseling |
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| at Department of Public Health
facilities to all parties to |
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| whom the results of the testing are revealed and
shall direct |
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| the State's Attorney to provide the information to the victim |
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| when
possible. A State's Attorney may petition the court to |
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| obtain the results of
any HIV test administered under this |
17 |
| Section, and the court shall grant the
disclosure if the |
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| State's Attorney shows it is relevant in order to prosecute a
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| charge of criminal transmission of HIV under Section 12-16.2 of |
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| the Criminal
Code of 1961 against the defendant. The court |
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| shall order that the cost of any
such test shall be paid by the |
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| county and may be taxed as costs against the
convicted |
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| defendant.
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| (i) All fines and penalties imposed under this Section for |
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| any violation
of Chapters 3, 4, 6, and 11 of the Illinois |
26 |
| Vehicle Code, or a similar
provision of a local ordinance, and |
|
|
|
HB0132 |
- 15 - |
LRB095 04008 RLC 24042 b |
|
|
1 |
| any violation
of the Child Passenger Protection Act, or a |
2 |
| similar provision of a local
ordinance, shall be collected and |
3 |
| disbursed by the circuit
clerk as provided under Section 27.5 |
4 |
| of the Clerks of Courts Act.
|
5 |
| (j) In cases when prosecution for any violation of Section |
6 |
| 11-6, 11-8,
11-9, 11-11, 11-14, 11-15, 11-15.1, 11-16, 11-17, |
7 |
| 11-17.1, 11-18, 11-18.1,
11-19, 11-19.1, 11-19.2, 11-20.1, |
8 |
| 11-21, 12-13, 12-14, 12-14.1, 12-15, or
12-16 of the
Criminal |
9 |
| Code of 1961, any violation of the Illinois Controlled |
10 |
| Substances Act,
any violation of the Cannabis Control Act, or |
11 |
| any violation of the Methamphetamine Control and Community |
12 |
| Protection Act results in conviction, a
disposition of court |
13 |
| supervision, or an order of probation granted under
Section 10 |
14 |
| of the Cannabis Control Act, Section 410 of the Illinois
|
15 |
| Controlled Substance Act, or Section 70 of the Methamphetamine |
16 |
| Control and Community Protection Act of a defendant, the court |
17 |
| shall determine whether the
defendant is employed by a facility |
18 |
| or center as defined under the Child Care
Act of 1969, a public |
19 |
| or private elementary or secondary school, or otherwise
works |
20 |
| with children under 18 years of age on a daily basis. When a |
21 |
| defendant
is so employed, the court shall order the Clerk of |
22 |
| the Court to send a copy of
the judgment of conviction or order |
23 |
| of supervision or probation to the
defendant's employer by |
24 |
| certified mail.
If the employer of the defendant is a school, |
25 |
| the Clerk of the Court shall
direct the mailing of a copy of |
26 |
| the judgment of conviction or order of
supervision or probation |
|
|
|
HB0132 |
- 16 - |
LRB095 04008 RLC 24042 b |
|
|
1 |
| to the appropriate regional superintendent of schools.
The |
2 |
| regional superintendent of schools shall notify the State Board |
3 |
| of
Education of any notification under this subsection.
|
4 |
| (j-5) A defendant at least 17 years of age who is convicted |
5 |
| of a felony and
who has not been previously convicted of a |
6 |
| misdemeanor or felony and who is
sentenced to a term of |
7 |
| imprisonment in the Illinois Department of Corrections
shall as |
8 |
| a condition of his or her sentence be required by the court to |
9 |
| attend
educational courses designed to prepare the defendant |
10 |
| for a high school diploma
and to work toward a high school |
11 |
| diploma or to work toward passing the high
school level Test of |
12 |
| General Educational Development (GED) or to work toward
|
13 |
| completing a vocational training program offered by the |
14 |
| Department of
Corrections. If a defendant fails to complete the |
15 |
| educational training
required by his or her sentence during the |
16 |
| term of incarceration, the Prisoner
Review Board shall, as a |
17 |
| condition of mandatory supervised release, require the
|
18 |
| defendant, at his or her own expense, to pursue a course of |
19 |
| study toward a high
school diploma or passage of the GED test. |
20 |
| The Prisoner Review Board shall
revoke the mandatory supervised |
21 |
| release of a defendant who wilfully fails to
comply with this |
22 |
| subsection (j-5) upon his or her release from confinement in a
|
23 |
| penal institution while serving a mandatory supervised release |
24 |
| term; however,
the inability of the defendant after making a |
25 |
| good faith effort to obtain
financial aid or pay for the |
26 |
| educational training shall not be deemed a wilful
failure to |
|
|
|
HB0132 |
- 17 - |
LRB095 04008 RLC 24042 b |
|
|
1 |
| comply. The Prisoner Review Board shall recommit the defendant
|
2 |
| whose mandatory supervised release term has been revoked under |
3 |
| this subsection
(j-5) as provided in Section 3-3-9. This |
4 |
| subsection (j-5) does not apply to a
defendant who has a high |
5 |
| school diploma or has successfully passed the GED
test. This |
6 |
| subsection (j-5) does not apply to a defendant who is |
7 |
| determined by
the court to be developmentally disabled or |
8 |
| otherwise mentally incapable of
completing the educational or |
9 |
| vocational program.
|
10 |
| (k) A court may not impose a sentence or disposition for a
|
11 |
| felony or misdemeanor that requires the defendant to be |
12 |
| implanted or injected
with or to use any form of birth control.
|
13 |
| (l) (A) Except as provided
in paragraph (C) of subsection |
14 |
| (l), whenever a defendant,
who is an alien as defined by |
15 |
| the Immigration and Nationality Act, is convicted
of any |
16 |
| felony or misdemeanor offense, the court after sentencing |
17 |
| the defendant
may, upon motion of the State's Attorney, |
18 |
| hold sentence in abeyance and remand
the defendant to the |
19 |
| custody of the Attorney General of
the United States or his |
20 |
| or her designated agent to be deported when:
|
21 |
| (1) a final order of deportation has been issued |
22 |
| against the defendant
pursuant to proceedings under |
23 |
| the Immigration and Nationality Act, and
|
24 |
| (2) the deportation of the defendant would not |
25 |
| deprecate the seriousness
of the defendant's conduct |
26 |
| and would not be inconsistent with the ends of
justice.
|
|
|
|
HB0132 |
- 18 - |
LRB095 04008 RLC 24042 b |
|
|
1 |
| Otherwise, the defendant shall be sentenced as |
2 |
| provided in this Chapter V.
|
3 |
| (B) If the defendant has already been sentenced for a |
4 |
| felony or
misdemeanor
offense, or has been placed on |
5 |
| probation under Section 10 of the Cannabis
Control Act,
|
6 |
| Section 410 of the Illinois Controlled Substances Act, or |
7 |
| Section 70 of the Methamphetamine Control and Community |
8 |
| Protection Act, the court
may, upon motion of the State's |
9 |
| Attorney to suspend the
sentence imposed, commit the |
10 |
| defendant to the custody of the Attorney General
of the |
11 |
| United States or his or her designated agent when:
|
12 |
| (1) a final order of deportation has been issued |
13 |
| against the defendant
pursuant to proceedings under |
14 |
| the Immigration and Nationality Act, and
|
15 |
| (2) the deportation of the defendant would not |
16 |
| deprecate the seriousness
of the defendant's conduct |
17 |
| and would not be inconsistent with the ends of
justice.
|
18 |
| (C) This subsection (l) does not apply to offenders who |
19 |
| are subject to the
provisions of paragraph (2) of |
20 |
| subsection (a) of Section 3-6-3.
|
21 |
| (D) Upon motion of the State's Attorney, if a defendant |
22 |
| sentenced under
this Section returns to the jurisdiction of |
23 |
| the United States, the defendant
shall be recommitted to |
24 |
| the custody of the county from which he or she was
|
25 |
| sentenced.
Thereafter, the defendant shall be brought |
26 |
| before the sentencing court, which
may impose any sentence |
|
|
|
HB0132 |
- 19 - |
LRB095 04008 RLC 24042 b |
|
|
1 |
| that was available under Section 5-5-3 at the time of
|
2 |
| initial sentencing. In addition, the defendant shall not be |
3 |
| eligible for
additional good conduct credit for |
4 |
| meritorious service as provided under
Section 3-6-6.
|
5 |
| (m) A person convicted of criminal defacement of property |
6 |
| under Section
21-1.3 of the Criminal Code of 1961, in which the |
7 |
| property damage exceeds $300
and the property damaged is a |
8 |
| school building, shall be ordered to perform
community service |
9 |
| that may include cleanup, removal, or painting over the
|
10 |
| defacement.
|
11 |
| (n) The court may sentence a person convicted of a |
12 |
| violation of Section
12-19, 12-21, or 16-1.3 of the Criminal |
13 |
| Code of 1961 (i) to an impact
incarceration program if the |
14 |
| person is otherwise eligible for that program
under Section |
15 |
| 5-8-1.1, (ii) to community service, or (iii) if the person is |
16 |
| an
addict or alcoholic, as defined in the Alcoholism and Other |
17 |
| Drug Abuse and
Dependency Act, to a substance or alcohol abuse |
18 |
| program licensed under that
Act. |
19 |
| (o) Whenever a person is convicted of a sex offense as |
20 |
| defined in Section 2 of the Sex Offender Registration Act, the |
21 |
| defendant's driver's license or permit shall be subject to |
22 |
| renewal on an annual basis in accordance with the provisions of |
23 |
| license renewal established by the Secretary of State.
|
24 |
| (Source: P.A. 93-44, eff. 7-1-03; 93-156, eff. 1-1-04; 93-169, |
25 |
| eff. 7-10-03; 93-301, eff. 1-1-04; 93-419, eff. 1-1-04; 93-546, |
26 |
| eff. 1-1-04; 93-694, eff. 7-9-04; 93-782, eff. 1-1-05; 93-800, |
|
|
|
HB0132 |
- 20 - |
LRB095 04008 RLC 24042 b |
|
|
1 |
| eff. 1-1-05; 93-1014, eff. 1-1-05; 94-72, eff. 1-1-06; 94-556, |
2 |
| eff. 9-11-05; 94-993, eff. 1-1-07.)
|
3 |
| (Text of Section after amendment by P.A. 94-1035 ) |
4 |
| Sec. 5-5-3. Disposition.
|
5 |
| (a) Except as provided in Section 11-501 of the Illinois |
6 |
| Vehicle Code, every person convicted of an offense shall be |
7 |
| sentenced as provided
in this Section.
|
8 |
| (b) The following options shall be appropriate |
9 |
| dispositions, alone
or in combination, for all felonies and |
10 |
| misdemeanors other than those
identified in subsection (c) of |
11 |
| this Section:
|
12 |
| (1) A period of probation.
|
13 |
| (2) A term of periodic imprisonment.
|
14 |
| (3) A term of conditional discharge.
|
15 |
| (4) A term of imprisonment.
|
16 |
| (5) An order directing the offender to clean up and |
17 |
| repair the
damage, if the offender was convicted under |
18 |
| paragraph (h) of Section
21-1 of the Criminal Code of 1961 |
19 |
| (now repealed).
|
20 |
| (6) A fine.
|
21 |
| (7) An order directing the offender to make restitution |
22 |
| to the
victim under Section 5-5-6 of this Code.
|
23 |
| (8) A sentence of participation in a county impact |
24 |
| incarceration
program under Section 5-8-1.2 of this Code. |
25 |
| (9) A term of imprisonment in combination with a term |
|
|
|
HB0132 |
- 21 - |
LRB095 04008 RLC 24042 b |
|
|
1 |
| of probation when the offender has been admitted into a |
2 |
| drug court program under Section 20 of the Drug Court |
3 |
| Treatment Act.
|
4 |
| Neither a fine nor restitution shall be the sole |
5 |
| disposition
for a felony and either or both may be imposed only |
6 |
| in conjunction with
another disposition.
|
7 |
| (c) (1) When a defendant is found guilty of first degree |
8 |
| murder the
State may either seek a sentence of imprisonment |
9 |
| under Section 5-8-1 of
this Code, or where appropriate seek |
10 |
| a sentence of death under Section 9-1
of the Criminal Code |
11 |
| of 1961.
|
12 |
| (2) A period of probation, a term of periodic |
13 |
| imprisonment or
conditional discharge shall not be imposed |
14 |
| for the following offenses.
The court shall sentence the |
15 |
| offender to not less than the minimum term
of imprisonment |
16 |
| set forth in this Code for the following offenses, and
may |
17 |
| order a fine or restitution or both in conjunction with |
18 |
| such term of
imprisonment:
|
19 |
| (A) First degree murder where the death penalty is |
20 |
| not imposed.
|
21 |
| (B) Attempted first degree murder.
|
22 |
| (C) A Class X felony.
|
23 |
| (D) A violation of Section 401.1 or 407 of the
|
24 |
| Illinois Controlled Substances Act, or a violation of |
25 |
| subdivision (c)(1) or
(c)(2) of
Section 401 of that Act |
26 |
| which relates to more than 5 grams of a substance
|
|
|
|
HB0132 |
- 22 - |
LRB095 04008 RLC 24042 b |
|
|
1 |
| containing heroin or cocaine or an analog thereof.
|
2 |
| (E) A violation of Section 5.1 or 9 of the Cannabis |
3 |
| Control
Act.
|
4 |
| (F) A Class 2 or greater felony if the offender had |
5 |
| been convicted
of a Class 2 or greater felony within 10 |
6 |
| years of the date on which the
offender
committed the |
7 |
| offense for which he or she is being sentenced, except |
8 |
| as
otherwise provided in Section 40-10 of the |
9 |
| Alcoholism and Other Drug Abuse and
Dependency Act.
|
10 |
| (F-5) A violation of Section 24-1, 24-1.1, or |
11 |
| 24-1.6 of the Criminal Code of 1961 for which |
12 |
| imprisonment is prescribed in those Sections.
|
13 |
| (G) Residential burglary, except as otherwise |
14 |
| provided in Section 40-10
of the Alcoholism and Other |
15 |
| Drug Abuse and Dependency Act.
|
16 |
| (H) Criminal sexual assault.
|
17 |
| (I) Aggravated battery of a senior citizen.
|
18 |
| (J) A forcible felony if the offense was related to |
19 |
| the activities of an
organized gang.
|
20 |
| Before July 1, 1994, for the purposes of this |
21 |
| paragraph, "organized
gang" means an association of 5 |
22 |
| or more persons, with an established hierarchy,
that |
23 |
| encourages members of the association to perpetrate |
24 |
| crimes or provides
support to the members of the |
25 |
| association who do commit crimes.
|
26 |
| Beginning July 1, 1994, for the purposes of this |
|
|
|
HB0132 |
- 23 - |
LRB095 04008 RLC 24042 b |
|
|
1 |
| paragraph,
"organized gang" has the meaning ascribed |
2 |
| to it in Section 10 of the Illinois
Streetgang |
3 |
| Terrorism Omnibus Prevention Act.
|
4 |
| (K) Vehicular hijacking.
|
5 |
| (L) A second or subsequent conviction for the |
6 |
| offense of hate crime
when the underlying offense upon |
7 |
| which the hate crime is based is felony
aggravated
|
8 |
| assault or felony mob action.
|
9 |
| (M) A second or subsequent conviction for the |
10 |
| offense of institutional
vandalism if the damage to the |
11 |
| property exceeds $300.
|
12 |
| (N) A Class 3 felony violation of paragraph (1) of |
13 |
| subsection (a) of
Section 2 of the Firearm Owners |
14 |
| Identification Card Act.
|
15 |
| (O) A violation of Section 12-6.1 of the Criminal |
16 |
| Code of 1961.
|
17 |
| (P) A violation of paragraph (1), (2), (3), (4), |
18 |
| (5), or (7) of
subsection (a)
of Section 11-20.1 of the |
19 |
| Criminal Code of 1961.
|
20 |
| (Q) A violation of Section 20-1.2 or 20-1.3 of the |
21 |
| Criminal Code of
1961.
|
22 |
| (R) A violation of Section 24-3A of the Criminal |
23 |
| Code of
1961.
|
24 |
| (S) (Blank).
|
25 |
| (T) A second or subsequent violation of the |
26 |
| Methamphetamine Control and Community Protection Act.
|
|
|
|
HB0132 |
- 24 - |
LRB095 04008 RLC 24042 b |
|
|
1 |
| (3) (Blank).
|
2 |
| (4) A minimum term of imprisonment of not less than 10
|
3 |
| consecutive days or 30 days of community service shall be |
4 |
| imposed for a
violation of paragraph (c) of Section 6-303 |
5 |
| of the Illinois Vehicle Code.
|
6 |
| (4.1) (Blank).
|
7 |
| (4.2) Except as provided in paragraph (4.3) of this |
8 |
| subsection (c), a
minimum of
100 hours of community service |
9 |
| shall be imposed for a second violation of
Section 6-303
of |
10 |
| the Illinois Vehicle Code.
|
11 |
| (4.3) A minimum term of imprisonment of 30 days or 300 |
12 |
| hours of community
service, as determined by the court, |
13 |
| shall
be imposed for a second violation of subsection (c) |
14 |
| of Section 6-303 of the
Illinois Vehicle Code.
|
15 |
| (4.4) Except as provided in paragraph (4.5) and |
16 |
| paragraph (4.6) of this
subsection (c), a
minimum term of |
17 |
| imprisonment of 30 days or 300 hours of community service, |
18 |
| as
determined by the court, shall
be imposed
for a third or |
19 |
| subsequent violation of Section 6-303 of the Illinois |
20 |
| Vehicle
Code.
|
21 |
| (4.5) A minimum term of imprisonment of 30 days
shall |
22 |
| be imposed for a third violation of subsection (c) of
|
23 |
| Section 6-303 of the Illinois Vehicle Code.
|
24 |
| (4.6) A minimum term of imprisonment of 180 days shall |
25 |
| be imposed for a
fourth or subsequent violation of |
26 |
| subsection (c) of Section 6-303 of the
Illinois Vehicle |
|
|
|
HB0132 |
- 25 - |
LRB095 04008 RLC 24042 b |
|
|
1 |
| Code.
|
2 |
| (5) The court may sentence an offender convicted of a |
3 |
| business
offense or a petty offense or a corporation or |
4 |
| unincorporated
association convicted of any offense to:
|
5 |
| (A) a period of conditional discharge;
|
6 |
| (B) a fine;
|
7 |
| (C) make restitution to the victim under Section |
8 |
| 5-5-6 of this Code.
|
9 |
| (5.1) In addition to any penalties imposed under |
10 |
| paragraph (5) of this
subsection (c), and except as |
11 |
| provided in paragraph (5.2) or (5.3), a person
convicted of |
12 |
| violating subsection (c) of Section 11-907 of the Illinois
|
13 |
| Vehicle Code shall have his or her driver's license, |
14 |
| permit, or privileges
suspended for at least 90 days but |
15 |
| not more than one year, if the violation
resulted in damage |
16 |
| to the property of another person.
|
17 |
| (5.2) In addition to any penalties imposed under |
18 |
| paragraph (5) of this
subsection (c), and except as |
19 |
| provided in paragraph (5.3), a person convicted
of |
20 |
| violating subsection (c) of Section 11-907 of the Illinois |
21 |
| Vehicle Code
shall have his or her driver's license, |
22 |
| permit, or privileges suspended for at
least 180 days but |
23 |
| not more than 2 years, if the violation resulted in injury
|
24 |
| to
another person.
|
25 |
| (5.3) In addition to any penalties imposed under |
26 |
| paragraph (5) of
this
subsection (c), a person convicted of |
|
|
|
HB0132 |
- 26 - |
LRB095 04008 RLC 24042 b |
|
|
1 |
| violating subsection (c) of Section
11-907 of the Illinois |
2 |
| Vehicle Code shall have his or her driver's license,
|
3 |
| permit, or privileges suspended for 2 years, if the |
4 |
| violation resulted in the
death of another person.
|
5 |
| (5.4) In addition to any penalties imposed under |
6 |
| paragraph (5) of this subsection (c), a person convicted of |
7 |
| violating Section 3-707 of the Illinois Vehicle Code shall |
8 |
| have his or her driver's license, permit, or privileges |
9 |
| suspended for 3 months and until he or she has paid a |
10 |
| reinstatement fee of $100. |
11 |
| (5.5) In addition to any penalties imposed under |
12 |
| paragraph (5) of this subsection (c), a person convicted of |
13 |
| violating Section 3-707 of the Illinois Vehicle Code during |
14 |
| a period in which his or her driver's license, permit, or |
15 |
| privileges were suspended for a previous violation of that |
16 |
| Section shall have his or her driver's license, permit, or |
17 |
| privileges suspended for an additional 6 months after the |
18 |
| expiration of the original 3-month suspension and until he |
19 |
| or she has paid a reinstatement fee of $100.
|
20 |
| (6) In no case shall an offender be eligible for a |
21 |
| disposition of
probation or conditional discharge for a |
22 |
| Class 1 felony committed while
he was serving a term of |
23 |
| probation or conditional discharge for a felony.
|
24 |
| (7) When a defendant is adjudged a habitual criminal |
25 |
| under Article
33B of the Criminal Code of 1961, the court |
26 |
| shall sentence
the defendant to a term of natural life |
|
|
|
HB0132 |
- 27 - |
LRB095 04008 RLC 24042 b |
|
|
1 |
| imprisonment.
|
2 |
| (8) When a defendant, over the age of 21 years, is |
3 |
| convicted of a
Class 1 or Class 2 felony, after having |
4 |
| twice been convicted
in any state or
federal court of an |
5 |
| offense that contains the same elements as an offense now
|
6 |
| classified in Illinois as a Class 2 or greater Class felony
|
7 |
| and such charges are
separately brought and tried and arise |
8 |
| out of different series of acts,
such defendant shall be |
9 |
| sentenced as a Class X offender. This paragraph
shall not |
10 |
| apply unless (1) the first felony was committed after the
|
11 |
| effective date of this amendatory Act of 1977; and (2) the |
12 |
| second felony
was committed after conviction on the first; |
13 |
| and (3) the third felony
was committed after conviction on |
14 |
| the second.
A person sentenced as a Class X offender under |
15 |
| this paragraph is not
eligible to apply for treatment as a |
16 |
| condition of probation as provided by
Section 40-10 of the |
17 |
| Alcoholism and Other Drug Abuse and Dependency Act.
|
18 |
| (9) A defendant convicted of a second or subsequent |
19 |
| offense of ritualized
abuse of a child may be sentenced to |
20 |
| a term of natural life imprisonment.
|
21 |
| (10) (Blank).
|
22 |
| (11) The court shall impose a minimum fine of $1,000 |
23 |
| for a first offense
and $2,000 for a second or subsequent |
24 |
| offense upon a person convicted of or
placed on supervision |
25 |
| for battery when the individual harmed was a sports
|
26 |
| official or coach at any level of competition and the act |
|
|
|
HB0132 |
- 28 - |
LRB095 04008 RLC 24042 b |
|
|
1 |
| causing harm to the
sports
official or coach occurred |
2 |
| within an athletic facility or within the immediate |
3 |
| vicinity
of the athletic facility at which the sports |
4 |
| official or coach was an active
participant
of the athletic |
5 |
| contest held at the athletic facility. For the purposes of
|
6 |
| this paragraph (11), "sports official" means a person at an |
7 |
| athletic contest
who enforces the rules of the contest, |
8 |
| such as an umpire or referee; "athletic facility" means an |
9 |
| indoor or outdoor playing field or recreational area where |
10 |
| sports activities are conducted;
and "coach" means a person |
11 |
| recognized as a coach by the sanctioning
authority that |
12 |
| conducted the sporting event. |
13 |
| (12) A person may not receive a disposition of court |
14 |
| supervision for a
violation of Section 5-16 of the Boat |
15 |
| Registration and Safety Act if that
person has previously |
16 |
| received a disposition of court supervision for a
violation |
17 |
| of that Section.
|
18 |
| (13) A person convicted of or placed on court |
19 |
| supervision for an assault or aggravated assault when the |
20 |
| victim and the offender are family or household members as |
21 |
| defined in Section 103 of the Illinois Domestic Violence |
22 |
| Act of 1986 or convicted of domestic battery or aggravated |
23 |
| domestic battery shall be required to attend anger |
24 |
| management classes under such terms and conditions imposed |
25 |
| by the court. The costs of such classes shall be paid by |
26 |
| the offender.
|
|
|
|
HB0132 |
- 29 - |
LRB095 04008 RLC 24042 b |
|
|
1 |
| (d) In any case in which a sentence originally imposed is |
2 |
| vacated,
the case shall be remanded to the trial court. The |
3 |
| trial court shall
hold a hearing under Section 5-4-1 of the |
4 |
| Unified Code of Corrections
which may include evidence of the |
5 |
| defendant's life, moral character and
occupation during the |
6 |
| time since the original sentence was passed. The
trial court |
7 |
| shall then impose sentence upon the defendant. The trial
court |
8 |
| may impose any sentence which could have been imposed at the
|
9 |
| original trial subject to Section 5-5-4 of the Unified Code of |
10 |
| Corrections.
If a sentence is vacated on appeal or on |
11 |
| collateral attack due to the
failure of the trier of fact at |
12 |
| trial to determine beyond a reasonable doubt
the
existence of a |
13 |
| fact (other than a prior conviction) necessary to increase the
|
14 |
| punishment for the offense beyond the statutory maximum |
15 |
| otherwise applicable,
either the defendant may be re-sentenced |
16 |
| to a term within the range otherwise
provided or, if the State |
17 |
| files notice of its intention to again seek the
extended |
18 |
| sentence, the defendant shall be afforded a new trial.
|
19 |
| (e) In cases where prosecution for
aggravated criminal |
20 |
| sexual abuse under Section 12-16 of the
Criminal Code of 1961 |
21 |
| results in conviction of a defendant
who was a family member of |
22 |
| the victim at the time of the commission of the
offense, the |
23 |
| court shall consider the safety and welfare of the victim and
|
24 |
| may impose a sentence of probation only where:
|
25 |
| (1) the court finds (A) or (B) or both are appropriate:
|
26 |
| (A) the defendant is willing to undergo a court |
|
|
|
HB0132 |
- 30 - |
LRB095 04008 RLC 24042 b |
|
|
1 |
| approved counseling
program for a minimum duration of 2 |
2 |
| years; or
|
3 |
| (B) the defendant is willing to participate in a |
4 |
| court approved plan
including but not limited to the |
5 |
| defendant's:
|
6 |
| (i) removal from the household;
|
7 |
| (ii) restricted contact with the victim;
|
8 |
| (iii) continued financial support of the |
9 |
| family;
|
10 |
| (iv) restitution for harm done to the victim; |
11 |
| and
|
12 |
| (v) compliance with any other measures that |
13 |
| the court may
deem appropriate; and
|
14 |
| (2) the court orders the defendant to pay for the |
15 |
| victim's counseling
services, to the extent that the court |
16 |
| finds, after considering the
defendant's income and |
17 |
| assets, that the defendant is financially capable of
paying |
18 |
| for such services, if the victim was under 18 years of age |
19 |
| at the
time the offense was committed and requires |
20 |
| counseling as a result of the
offense.
|
21 |
| Probation may be revoked or modified pursuant to Section |
22 |
| 5-6-4; except
where the court determines at the hearing that |
23 |
| the defendant violated a
condition of his or her probation |
24 |
| restricting contact with the victim or
other family members or |
25 |
| commits another offense with the victim or other
family |
26 |
| members, the court shall revoke the defendant's probation and
|
|
|
|
HB0132 |
- 31 - |
LRB095 04008 RLC 24042 b |
|
|
1 |
| impose a term of imprisonment.
|
2 |
| For the purposes of this Section, "family member" and |
3 |
| "victim" shall have
the meanings ascribed to them in Section |
4 |
| 12-12 of the Criminal Code of
1961.
|
5 |
| (f) This Article shall not deprive a court in other |
6 |
| proceedings to
order a forfeiture of property, to suspend or |
7 |
| cancel a license, to
remove a person from office, or to impose |
8 |
| any other civil penalty.
|
9 |
| (g) Whenever a defendant is convicted of an offense under |
10 |
| Sections
11-14, 11-15, 11-15.1, 11-16, 11-17, 11-18, 11-18.1, |
11 |
| 11-19, 11-19.1, 11-19.2,
12-13, 12-14, 12-14.1, 12-15 or 12-16 |
12 |
| of the Criminal Code of 1961,
the defendant shall undergo |
13 |
| medical testing to
determine whether the defendant has any |
14 |
| sexually transmissible disease,
including a test for infection |
15 |
| with human immunodeficiency virus (HIV) or
any other identified |
16 |
| causative agent of acquired immunodeficiency syndrome
(AIDS). |
17 |
| Any such medical test shall be performed only by appropriately
|
18 |
| licensed medical practitioners and may include an analysis of |
19 |
| any bodily
fluids as well as an examination of the defendant's |
20 |
| person.
Except as otherwise provided by law, the results of |
21 |
| such test shall be kept
strictly confidential by all medical |
22 |
| personnel involved in the testing and must
be personally |
23 |
| delivered in a sealed envelope to the judge of the court in |
24 |
| which
the conviction was entered for the judge's inspection in |
25 |
| camera. Acting in
accordance with the best interests of the |
26 |
| victim and the public, the judge
shall have the discretion to |
|
|
|
HB0132 |
- 32 - |
LRB095 04008 RLC 24042 b |
|
|
1 |
| determine to whom, if anyone, the results of the
testing may be |
2 |
| revealed. The court shall notify the defendant
of the test |
3 |
| results. The court shall
also notify the victim if requested by |
4 |
| the victim, and if the victim is under
the age of 15 and if |
5 |
| requested by the victim's parents or legal guardian, the
court |
6 |
| shall notify the victim's parents or legal guardian of the test
|
7 |
| results.
The court shall provide information on the |
8 |
| availability of HIV testing
and counseling at Department of |
9 |
| Public Health facilities to all parties to
whom the results of |
10 |
| the testing are revealed and shall direct the State's
Attorney |
11 |
| to provide the information to the victim when possible.
A |
12 |
| State's Attorney may petition the court to obtain the results |
13 |
| of any HIV test
administered under this Section, and the court |
14 |
| shall grant the disclosure if
the State's Attorney shows it is |
15 |
| relevant in order to prosecute a charge of
criminal |
16 |
| transmission of HIV under Section 12-16.2 of the Criminal Code |
17 |
| of 1961
against the defendant. The court shall order that the |
18 |
| cost of any such test
shall be paid by the county and may be |
19 |
| taxed as costs against the convicted
defendant.
|
20 |
| (g-5) When an inmate is tested for an airborne communicable |
21 |
| disease, as
determined by the Illinois Department of Public |
22 |
| Health including but not
limited to tuberculosis, the results |
23 |
| of the test shall be
personally delivered by the warden or his |
24 |
| or her designee in a sealed envelope
to the judge of the court |
25 |
| in which the inmate must appear for the judge's
inspection in |
26 |
| camera if requested by the judge. Acting in accordance with the
|
|
|
|
HB0132 |
- 33 - |
LRB095 04008 RLC 24042 b |
|
|
1 |
| best interests of those in the courtroom, the judge shall have |
2 |
| the discretion
to determine what if any precautions need to be |
3 |
| taken to prevent transmission
of the disease in the courtroom.
|
4 |
| (h) Whenever a defendant is convicted of an offense under |
5 |
| Section 1 or 2
of the Hypodermic Syringes and Needles Act, the |
6 |
| defendant shall undergo
medical testing to determine whether |
7 |
| the defendant has been exposed to human
immunodeficiency virus |
8 |
| (HIV) or any other identified causative agent of
acquired |
9 |
| immunodeficiency syndrome (AIDS). Except as otherwise provided |
10 |
| by
law, the results of such test shall be kept strictly |
11 |
| confidential by all
medical personnel involved in the testing |
12 |
| and must be personally delivered in a
sealed envelope to the |
13 |
| judge of the court in which the conviction was entered
for the |
14 |
| judge's inspection in camera. Acting in accordance with the |
15 |
| best
interests of the public, the judge shall have the |
16 |
| discretion to determine to
whom, if anyone, the results of the |
17 |
| testing may be revealed. The court shall
notify the defendant |
18 |
| of a positive test showing an infection with the human
|
19 |
| immunodeficiency virus (HIV). The court shall provide |
20 |
| information on the
availability of HIV testing and counseling |
21 |
| at Department of Public Health
facilities to all parties to |
22 |
| whom the results of the testing are revealed and
shall direct |
23 |
| the State's Attorney to provide the information to the victim |
24 |
| when
possible. A State's Attorney may petition the court to |
25 |
| obtain the results of
any HIV test administered under this |
26 |
| Section, and the court shall grant the
disclosure if the |
|
|
|
HB0132 |
- 34 - |
LRB095 04008 RLC 24042 b |
|
|
1 |
| State's Attorney shows it is relevant in order to prosecute a
|
2 |
| charge of criminal transmission of HIV under Section 12-16.2 of |
3 |
| the Criminal
Code of 1961 against the defendant. The court |
4 |
| shall order that the cost of any
such test shall be paid by the |
5 |
| county and may be taxed as costs against the
convicted |
6 |
| defendant.
|
7 |
| (i) All fines and penalties imposed under this Section for |
8 |
| any violation
of Chapters 3, 4, 6, and 11 of the Illinois |
9 |
| Vehicle Code, or a similar
provision of a local ordinance, and |
10 |
| any violation
of the Child Passenger Protection Act, or a |
11 |
| similar provision of a local
ordinance, shall be collected and |
12 |
| disbursed by the circuit
clerk as provided under Section 27.5 |
13 |
| of the Clerks of Courts Act.
|
14 |
| (j) In cases when prosecution for any violation of Section |
15 |
| 11-6, 11-8,
11-9, 11-11, 11-14, 11-15, 11-15.1, 11-16, 11-17, |
16 |
| 11-17.1, 11-18, 11-18.1,
11-19, 11-19.1, 11-19.2, 11-20.1, |
17 |
| 11-21, 12-13, 12-14, 12-14.1, 12-15, or
12-16 of the
Criminal |
18 |
| Code of 1961, any violation of the Illinois Controlled |
19 |
| Substances Act,
any violation of the Cannabis Control Act, or |
20 |
| any violation of the Methamphetamine Control and Community |
21 |
| Protection Act results in conviction, a
disposition of court |
22 |
| supervision, or an order of probation granted under
Section 10 |
23 |
| of the Cannabis Control Act, Section 410 of the Illinois
|
24 |
| Controlled Substance Act, or Section 70 of the Methamphetamine |
25 |
| Control and Community Protection Act of a defendant, the court |
26 |
| shall determine whether the
defendant is employed by a facility |
|
|
|
HB0132 |
- 35 - |
LRB095 04008 RLC 24042 b |
|
|
1 |
| or center as defined under the Child Care
Act of 1969, a public |
2 |
| or private elementary or secondary school, or otherwise
works |
3 |
| with children under 18 years of age on a daily basis. When a |
4 |
| defendant
is so employed, the court shall order the Clerk of |
5 |
| the Court to send a copy of
the judgment of conviction or order |
6 |
| of supervision or probation to the
defendant's employer by |
7 |
| certified mail.
If the employer of the defendant is a school, |
8 |
| the Clerk of the Court shall
direct the mailing of a copy of |
9 |
| the judgment of conviction or order of
supervision or probation |
10 |
| to the appropriate regional superintendent of schools.
The |
11 |
| regional superintendent of schools shall notify the State Board |
12 |
| of
Education of any notification under this subsection.
|
13 |
| (j-5) A defendant at least 17 years of age who is convicted |
14 |
| of a felony and
who has not been previously convicted of a |
15 |
| misdemeanor or felony and who is
sentenced to a term of |
16 |
| imprisonment in the Illinois Department of Corrections
shall as |
17 |
| a condition of his or her sentence be required by the court to |
18 |
| attend
educational courses designed to prepare the defendant |
19 |
| for a high school diploma
and to work toward a high school |
20 |
| diploma or to work toward passing the high
school level Test of |
21 |
| General Educational Development (GED) or to work toward
|
22 |
| completing a vocational training program offered by the |
23 |
| Department of
Corrections. If a defendant fails to complete the |
24 |
| educational training
required by his or her sentence during the |
25 |
| term of incarceration, the Prisoner
Review Board shall, as a |
26 |
| condition of mandatory supervised release, require the
|
|
|
|
HB0132 |
- 36 - |
LRB095 04008 RLC 24042 b |
|
|
1 |
| defendant, at his or her own expense, to pursue a course of |
2 |
| study toward a high
school diploma or passage of the GED test. |
3 |
| The Prisoner Review Board shall
revoke the mandatory supervised |
4 |
| release of a defendant who wilfully fails to
comply with this |
5 |
| subsection (j-5) upon his or her release from confinement in a
|
6 |
| penal institution while serving a mandatory supervised release |
7 |
| term; however,
the inability of the defendant after making a |
8 |
| good faith effort to obtain
financial aid or pay for the |
9 |
| educational training shall not be deemed a wilful
failure to |
10 |
| comply. The Prisoner Review Board shall recommit the defendant
|
11 |
| whose mandatory supervised release term has been revoked under |
12 |
| this subsection
(j-5) as provided in Section 3-3-9. This |
13 |
| subsection (j-5) does not apply to a
defendant who has a high |
14 |
| school diploma or has successfully passed the GED
test. This |
15 |
| subsection (j-5) does not apply to a defendant who is |
16 |
| determined by
the court to be developmentally disabled or |
17 |
| otherwise mentally incapable of
completing the educational or |
18 |
| vocational program.
|
19 |
| (k) A court may not impose a sentence or disposition for a
|
20 |
| felony or misdemeanor that requires the defendant to be |
21 |
| implanted or injected
with or to use any form of birth control.
|
22 |
| (l) (A) Except as provided
in paragraph (C) of subsection |
23 |
| (l), whenever a defendant,
who is an alien as defined by |
24 |
| the Immigration and Nationality Act, is convicted
of any |
25 |
| felony or misdemeanor offense, the court after sentencing |
26 |
| the defendant
may, upon motion of the State's Attorney, |
|
|
|
HB0132 |
- 37 - |
LRB095 04008 RLC 24042 b |
|
|
1 |
| hold sentence in abeyance and remand
the defendant to the |
2 |
| custody of the Attorney General of
the United States or his |
3 |
| or her designated agent to be deported when:
|
4 |
| (1) a final order of deportation has been issued |
5 |
| against the defendant
pursuant to proceedings under |
6 |
| the Immigration and Nationality Act, and
|
7 |
| (2) the deportation of the defendant would not |
8 |
| deprecate the seriousness
of the defendant's conduct |
9 |
| and would not be inconsistent with the ends of
justice.
|
10 |
| Otherwise, the defendant shall be sentenced as |
11 |
| provided in this Chapter V.
|
12 |
| (B) If the defendant has already been sentenced for a |
13 |
| felony or
misdemeanor
offense, or has been placed on |
14 |
| probation under Section 10 of the Cannabis
Control Act,
|
15 |
| Section 410 of the Illinois Controlled Substances Act, or |
16 |
| Section 70 of the Methamphetamine Control and Community |
17 |
| Protection Act, the court
may, upon motion of the State's |
18 |
| Attorney to suspend the
sentence imposed, commit the |
19 |
| defendant to the custody of the Attorney General
of the |
20 |
| United States or his or her designated agent when:
|
21 |
| (1) a final order of deportation has been issued |
22 |
| against the defendant
pursuant to proceedings under |
23 |
| the Immigration and Nationality Act, and
|
24 |
| (2) the deportation of the defendant would not |
25 |
| deprecate the seriousness
of the defendant's conduct |
26 |
| and would not be inconsistent with the ends of
justice.
|
|
|
|
HB0132 |
- 38 - |
LRB095 04008 RLC 24042 b |
|
|
1 |
| (C) This subsection (l) does not apply to offenders who |
2 |
| are subject to the
provisions of paragraph (2) of |
3 |
| subsection (a) of Section 3-6-3.
|
4 |
| (D) Upon motion of the State's Attorney, if a defendant |
5 |
| sentenced under
this Section returns to the jurisdiction of |
6 |
| the United States, the defendant
shall be recommitted to |
7 |
| the custody of the county from which he or she was
|
8 |
| sentenced.
Thereafter, the defendant shall be brought |
9 |
| before the sentencing court, which
may impose any sentence |
10 |
| that was available under Section 5-5-3 at the time of
|
11 |
| initial sentencing. In addition, the defendant shall not be |
12 |
| eligible for
additional good conduct credit for |
13 |
| meritorious service as provided under
Section 3-6-6.
|
14 |
| (m) A person convicted of criminal defacement of property |
15 |
| under Section
21-1.3 of the Criminal Code of 1961, in which the |
16 |
| property damage exceeds $300
and the property damaged is a |
17 |
| school building, shall be ordered to perform
community service |
18 |
| that may include cleanup, removal, or painting over the
|
19 |
| defacement.
|
20 |
| (n) The court may sentence a person convicted of a |
21 |
| violation of Section
12-19, 12-21, or 16-1.3 of the Criminal |
22 |
| Code of 1961 (i) to an impact
incarceration program if the |
23 |
| person is otherwise eligible for that program
under Section |
24 |
| 5-8-1.1, (ii) to community service, or (iii) if the person is |
25 |
| an
addict or alcoholic, as defined in the Alcoholism and Other |
26 |
| Drug Abuse and
Dependency Act, to a substance or alcohol abuse |
|
|
|
HB0132 |
- 39 - |
LRB095 04008 RLC 24042 b |
|
|
1 |
| program licensed under that
Act. |
2 |
| (o) Whenever a person is convicted of a sex offense as |
3 |
| defined in Section 2 of the Sex Offender Registration Act, the |
4 |
| defendant's driver's license or permit shall be subject to |
5 |
| renewal on an annual basis in accordance with the provisions of |
6 |
| license renewal established by the Secretary of State.
|
7 |
| (Source: P.A. 93-44, eff. 7-1-03; 93-156, eff. 1-1-04; 93-169, |
8 |
| eff. 7-10-03; 93-301, eff. 1-1-04; 93-419, eff. 1-1-04; 93-546, |
9 |
| eff. 1-1-04; 93-694, eff. 7-9-04; 93-782, eff. 1-1-05; 93-800, |
10 |
| eff. 1-1-05; 93-1014, eff. 1-1-05; 94-72, eff. 1-1-06; 94-556, |
11 |
| eff. 9-11-05; 94-993, eff. 1-1-07; 94-1035, eff. 7-1-07; |
12 |
| revised 8-28-06.) |
13 |
| Section 95. No acceleration or delay. Where this Act makes |
14 |
| changes in a statute that is represented in this Act by text |
15 |
| that is not yet or no longer in effect (for example, a Section |
16 |
| represented by multiple versions), the use of that text does |
17 |
| not accelerate or delay the taking effect of (i) the changes |
18 |
| made by this Act or (ii) provisions derived from any other |
19 |
| Public Act.
|
20 |
| Section 99. Effective date. This Act takes effect upon |
21 |
| becoming law.
|