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| (now repealed).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