HB2046 EngrossedLRB097 05041 RLC 45081 b

1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 10. The Unified Code of Corrections is amended by
5changing Section 5-5-3 as follows:
 
6    (730 ILCS 5/5-5-3)  (from Ch. 38, par. 1005-5-3)
7    Sec. 5-5-3. Disposition.
8    (a) (Blank).
9    (b) (Blank).
10    (c) (1) (Blank).
11        (2) A period of probation, a term of periodic
12    imprisonment or conditional discharge shall not be imposed
13    for the following offenses. The court shall sentence the
14    offender to not less than the minimum term of imprisonment
15    set forth in this Code for the following offenses, and may
16    order a fine or restitution or both in conjunction with
17    such term of imprisonment:
18            (A) First degree murder where the death penalty is
19        not imposed.
20            (B) Attempted first degree murder.
21            (C) A Class X felony.
22            (D) A violation of Section 401.1 or 407 of the
23        Illinois Controlled Substances Act, or a violation of

 

 

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1        subdivision (c)(1), (c)(1.5), or (c)(2) of Section 401
2        of that Act which relates to more than 5 grams of a
3        substance containing heroin, cocaine, fentanyl, or an
4        analog thereof.
5            (D-5) A violation of subdivision (c)(1) of Section
6        401 of the Illinois Controlled Substances Act which
7        relates to 3 or more grams of a substance containing
8        heroin or an analog thereof.
9            (E) A violation of Section 5.1 or 9 of the Cannabis
10        Control Act.
11            (F) A Class 2 or greater felony if the offender had
12        been convicted of a Class 2 or greater felony,
13        including any state or federal conviction for an
14        offense that contained, at the time it was committed,
15        the same elements as an offense now (the date of the
16        offense committed after the prior Class 2 or greater
17        felony) classified as a Class 2 or greater felony,
18        within 10 years of the date on which the offender
19        committed the offense for which he or she is being
20        sentenced, except as otherwise provided in Section
21        40-10 of the Alcoholism and Other Drug Abuse and
22        Dependency Act.
23            (F-5) A violation of Section 24-1, 24-1.1, or
24        24-1.6 of the Criminal Code of 1961 for which
25        imprisonment is prescribed in those Sections.
26            (G) Residential burglary, except as otherwise

 

 

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1        provided in Section 40-10 of the Alcoholism and Other
2        Drug Abuse and Dependency Act.
3            (H) Criminal sexual assault.
4            (I) Aggravated battery of a senior citizen.
5            (J) A forcible felony if the offense was related to
6        the activities of an organized gang.
7            Before July 1, 1994, for the purposes of this
8        paragraph, "organized gang" means an association of 5
9        or more persons, with an established hierarchy, that
10        encourages members of the association to perpetrate
11        crimes or provides support to the members of the
12        association who do commit crimes.
13            Beginning July 1, 1994, for the purposes of this
14        paragraph, "organized gang" has the meaning ascribed
15        to it in Section 10 of the Illinois Streetgang
16        Terrorism Omnibus Prevention Act.
17            (K) Vehicular hijacking.
18            (L) A second or subsequent conviction for the
19        offense of hate crime when the underlying offense upon
20        which the hate crime is based is felony aggravated
21        assault or felony mob action.
22            (M) A second or subsequent conviction for the
23        offense of institutional vandalism if the damage to the
24        property exceeds $300.
25            (N) A Class 3 felony violation of paragraph (1) of
26        subsection (a) of Section 2 of the Firearm Owners

 

 

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1        Identification Card Act.
2            (O) A violation of Section 12-6.1 of the Criminal
3        Code of 1961.
4            (P) A violation of paragraph (1), (2), (3), (4),
5        (5), or (7) of subsection (a) of Section 11-20.1 of the
6        Criminal Code of 1961.
7            (Q) A violation of Section 20-1.2 or 20-1.3 of the
8        Criminal Code of 1961.
9            (R) A violation of Section 24-3A of the Criminal
10        Code of 1961.
11            (S) (Blank).
12            (T) A second or subsequent violation of the
13        Methamphetamine Control and Community Protection Act.
14            (U) A second or subsequent violation of Section
15        6-303 of the Illinois Vehicle Code committed while his
16        or her driver's license, permit, or privilege was
17        revoked because of a violation of Section 9-3 of the
18        Criminal Code of 1961, relating to the offense of
19        reckless homicide, or a similar provision of a law of
20        another state.
21            (V) A violation of paragraph (4) of subsection (c)
22        of Section 11-20.3 of the Criminal Code of 1961.
23            (W) A violation of Section 24-3.5 of the Criminal
24        Code of 1961.
25            (X) A violation of subsection (a) of Section 31-1a
26        of the Criminal Code of 1961.

 

 

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1            (Y) A conviction for unlawful possession of a
2        firearm by a street gang member when the firearm was
3        loaded or contained firearm ammunition.
4            (Z) A Class 1 felony committed while he or she was
5        serving a term of probation or conditional discharge
6        for a felony.
7            (AA) Theft of property exceeding $500,000 and not
8        exceeding $1,000,000 in value.
9            (BB) Laundering of criminally derived property of
10        a value exceeding $500,000.
11            (CC) Knowingly selling, offering for sale, holding
12        for sale, or using 2,000 or more counterfeit items or
13        counterfeit items having a retail value in the
14        aggregate of $500,000 or more.
15        (3) (Blank).
16        (4) A minimum term of imprisonment of not less than 10
17    consecutive days or 30 days of community service shall be
18    imposed for a violation of paragraph (c) of Section 6-303
19    of the Illinois Vehicle Code.
20        (4.1) (Blank).
21        (4.2) Except as provided in paragraphs (4.3) and (4.8)
22    of this subsection (c), a minimum of 100 hours of community
23    service shall be imposed for a second violation of Section
24    6-303 of the Illinois Vehicle Code.
25        (4.3) A minimum term of imprisonment of 30 days or 300
26    hours of community service, as determined by the court,

 

 

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1    shall be imposed for a second violation of subsection (c)
2    of Section 6-303 of the Illinois Vehicle Code.
3        (4.4) Except as provided in paragraphs (4.5), (4.6),
4    and (4.9) of this subsection (c), a minimum term of
5    imprisonment of 30 days or 300 hours of community service,
6    as determined by the court, shall be imposed for a third or
7    subsequent violation of Section 6-303 of the Illinois
8    Vehicle Code.
9        (4.5) A minimum term of imprisonment of 30 days shall
10    be imposed for a third violation of subsection (c) of
11    Section 6-303 of the Illinois Vehicle Code.
12        (4.6) Except as provided in paragraph (4.10) of this
13    subsection (c), a minimum term of imprisonment of 180 days
14    shall be imposed for a fourth or subsequent violation of
15    subsection (c) of Section 6-303 of the Illinois Vehicle
16    Code.
17        (4.7) A minimum term of imprisonment of not less than
18    30 consecutive days, or 300 hours of community service,
19    shall be imposed for a violation of subsection (a-5) of
20    Section 6-303 of the Illinois Vehicle Code, as provided in
21    subsection (b-5) of that Section.
22        (4.8) A mandatory prison sentence shall be imposed for
23    a second violation of subsection (a-5) of Section 6-303 of
24    the Illinois Vehicle Code, as provided in subsection (c-5)
25    of that Section. The person's driving privileges shall be
26    revoked for a period of not less than 5 years from the date

 

 

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1    of his or her release from prison.
2        (4.9) A mandatory prison sentence of not less than 4
3    and not more than 15 years shall be imposed for a third
4    violation of subsection (a-5) of Section 6-303 of the
5    Illinois Vehicle Code, as provided in subsection (d-2.5) of
6    that Section. The person's driving privileges shall be
7    revoked for the remainder of his or her life.
8        (4.10) A mandatory prison sentence for a Class 1 felony
9    shall be imposed, and the person shall be eligible for an
10    extended term sentence, for a fourth or subsequent
11    violation of subsection (a-5) of Section 6-303 of the
12    Illinois Vehicle Code, as provided in subsection (d-3.5) of
13    that Section. The person's driving privileges shall be
14    revoked for the remainder of his or her life.
15        (5) The court may sentence a corporation or
16    unincorporated association convicted of any offense to:
17            (A) a period of conditional discharge;
18            (B) a fine;
19            (C) make restitution to the victim under Section
20        5-5-6 of this Code.
21        (5.1) In addition to any other penalties imposed, and
22    except as provided in paragraph (5.2) or (5.3), a person
23    convicted of violating subsection (c) of Section 11-907 of
24    the Illinois Vehicle Code shall have his or her driver's
25    license, permit, or privileges suspended for at least 90
26    days but not more than one year, if the violation resulted

 

 

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1    in damage to the property of another person.
2        (5.2) In addition to any other penalties imposed, and
3    except as provided in paragraph (5.3), a person convicted
4    of violating subsection (c) of Section 11-907 of the
5    Illinois Vehicle Code shall have his or her driver's
6    license, permit, or privileges suspended for at least 180
7    days but not more than 2 years, if the violation resulted
8    in injury to another person.
9        (5.3) In addition to any other penalties imposed, a
10    person convicted of violating subsection (c) of Section
11    11-907 of the Illinois Vehicle Code shall have his or her
12    driver's license, permit, or privileges suspended for 2
13    years, if the violation resulted in the death of another
14    person.
15        (5.4) In addition to any other penalties imposed, a
16    person convicted of violating Section 3-707 of the Illinois
17    Vehicle Code shall have his or her driver's license,
18    permit, or privileges suspended for 3 months and until he
19    or she has paid a reinstatement fee of $100.
20        (5.5) In addition to any other penalties imposed, a
21    person convicted of violating Section 3-707 of the Illinois
22    Vehicle Code during a period in which his or her driver's
23    license, permit, or privileges were suspended for a
24    previous violation of that Section shall have his or her
25    driver's license, permit, or privileges suspended for an
26    additional 6 months after the expiration of the original

 

 

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1    3-month suspension and until he or she has paid a
2    reinstatement fee of $100.
3        (6) (Blank).
4        (7) (Blank).
5        (8) (Blank).
6        (9) A defendant convicted of a second or subsequent
7    offense of ritualized abuse of a child may be sentenced to
8    a term of natural life imprisonment.
9        (10) (Blank).
10        (11) The court shall impose a minimum fine of $1,000
11    for a first offense and $2,000 for a second or subsequent
12    offense upon a person convicted of or placed on supervision
13    for battery when the individual harmed was a sports
14    official or coach at any level of competition and the act
15    causing harm to the sports official or coach occurred
16    within an athletic facility or within the immediate
17    vicinity of the athletic facility at which the sports
18    official or coach was an active participant of the athletic
19    contest held at the athletic facility. For the purposes of
20    this paragraph (11), "sports official" means a person at an
21    athletic contest who enforces the rules of the contest,
22    such as an umpire or referee; "athletic facility" means an
23    indoor or outdoor playing field or recreational area where
24    sports activities are conducted; and "coach" means a person
25    recognized as a coach by the sanctioning authority that
26    conducted the sporting event.

 

 

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1        (12) A person may not receive a disposition of court
2    supervision for a violation of Section 5-16 of the Boat
3    Registration and Safety Act if that person has previously
4    received a disposition of court supervision for a violation
5    of that Section.
6        (13) A person convicted of or placed on court
7    supervision for an assault or aggravated assault when the
8    victim and the offender are family or household members as
9    defined in Section 103 of the Illinois Domestic Violence
10    Act of 1986 or convicted of domestic battery or aggravated
11    domestic battery may be required to attend a Partner Abuse
12    Intervention Program under protocols set forth by the
13    Illinois Department of Human Services under such terms and
14    conditions imposed by the court. The costs of such classes
15    shall be paid by the offender.
16    (d) In any case in which a sentence originally imposed is
17vacated, the case shall be remanded to the trial court. The
18trial court shall hold a hearing under Section 5-4-1 of the
19Unified Code of Corrections which may include evidence of the
20defendant's life, moral character and occupation during the
21time since the original sentence was passed. The trial court
22shall then impose sentence upon the defendant. The trial court
23may impose any sentence which could have been imposed at the
24original trial subject to Section 5-5-4 of the Unified Code of
25Corrections. If a sentence is vacated on appeal or on
26collateral attack due to the failure of the trier of fact at

 

 

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1trial to determine beyond a reasonable doubt the existence of a
2fact (other than a prior conviction) necessary to increase the
3punishment for the offense beyond the statutory maximum
4otherwise applicable, either the defendant may be re-sentenced
5to a term within the range otherwise provided or, if the State
6files notice of its intention to again seek the extended
7sentence, the defendant shall be afforded a new trial.
8    (e) In cases where prosecution for aggravated criminal
9sexual abuse under Section 12-16 of the Criminal Code of 1961
10results in conviction of a defendant who was a family member of
11the victim at the time of the commission of the offense, the
12court shall consider the safety and welfare of the victim and
13may impose a sentence of probation only where:
14        (1) the court finds (A) or (B) or both are appropriate:
15            (A) the defendant is willing to undergo a court
16        approved counseling program for a minimum duration of 2
17        years; or
18            (B) the defendant is willing to participate in a
19        court approved plan including but not limited to the
20        defendant's:
21                (i) removal from the household;
22                (ii) restricted contact with the victim;
23                (iii) continued financial support of the
24            family;
25                (iv) restitution for harm done to the victim;
26            and

 

 

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1                (v) compliance with any other measures that
2            the court may deem appropriate; and
3        (2) the court orders the defendant to pay for the
4    victim's counseling services, to the extent that the court
5    finds, after considering the defendant's income and
6    assets, that the defendant is financially capable of paying
7    for such services, if the victim was under 18 years of age
8    at the time the offense was committed and requires
9    counseling as a result of the offense.
10    Probation may be revoked or modified pursuant to Section
115-6-4; except where the court determines at the hearing that
12the defendant violated a condition of his or her probation
13restricting contact with the victim or other family members or
14commits another offense with the victim or other family
15members, the court shall revoke the defendant's probation and
16impose a term of imprisonment.
17    For the purposes of this Section, "family member" and
18"victim" shall have the meanings ascribed to them in Section
1912-12 of the Criminal Code of 1961.
20    (f) (Blank).
21    (g) Whenever a defendant is convicted of an offense under
22Sections 11-14, 11-15, 11-15.1, 11-16, 11-17, 11-18, 11-18.1,
2311-19, 11-19.1, 11-19.2, 12-13, 12-14, 12-14.1, 12-15 or 12-16
24of the Criminal Code of 1961, the defendant shall undergo
25medical testing to determine whether the defendant has any
26sexually transmissible disease, including a test for infection

 

 

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1with human immunodeficiency virus (HIV) or any other identified
2causative agent of acquired immunodeficiency syndrome (AIDS).
3Any such medical test shall be performed only by appropriately
4licensed medical practitioners and may include an analysis of
5any bodily fluids as well as an examination of the defendant's
6person. Except as otherwise provided by law, the results of
7such test shall be kept strictly confidential by all medical
8personnel involved in the testing and must be personally
9delivered in a sealed envelope to the judge of the court in
10which the conviction was entered for the judge's inspection in
11camera. Acting in accordance with the best interests of the
12victim and the public, the judge shall have the discretion to
13determine to whom, if anyone, the results of the testing may be
14revealed. The court shall notify the defendant of the test
15results. The court shall also notify the victim if requested by
16the victim, and if the victim is under the age of 15 and if
17requested by the victim's parents or legal guardian, the court
18shall notify the victim's parents or legal guardian of the test
19results. The court shall provide information on the
20availability of HIV testing and counseling at Department of
21Public Health facilities to all parties to whom the results of
22the testing are revealed and shall direct the State's Attorney
23to provide the information to the victim when possible. A
24State's Attorney may petition the court to obtain the results
25of any HIV test administered under this Section, and the court
26shall grant the disclosure if the State's Attorney shows it is

 

 

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1relevant in order to prosecute a charge of criminal
2transmission of HIV under Section 12-16.2 of the Criminal Code
3of 1961 against the defendant. The court shall order that the
4cost of any such test shall be paid by the county and may be
5taxed as costs against the convicted defendant.
6    (g-5) When an inmate is tested for an airborne communicable
7disease, as determined by the Illinois Department of Public
8Health including but not limited to tuberculosis, the results
9of the test shall be personally delivered by the warden or his
10or her designee in a sealed envelope to the judge of the court
11in which the inmate must appear for the judge's inspection in
12camera if requested by the judge. Acting in accordance with the
13best interests of those in the courtroom, the judge shall have
14the discretion to determine what if any precautions need to be
15taken to prevent transmission of the disease in the courtroom.
16    (h) Whenever a defendant is convicted of an offense under
17Section 1 or 2 of the Hypodermic Syringes and Needles Act, the
18defendant shall undergo medical testing to determine whether
19the defendant has been exposed to human immunodeficiency virus
20(HIV) or any other identified causative agent of acquired
21immunodeficiency syndrome (AIDS). Except as otherwise provided
22by law, the results of such test shall be kept strictly
23confidential by all medical personnel involved in the testing
24and must be personally delivered in a sealed envelope to the
25judge of the court in which the conviction was entered for the
26judge's inspection in camera. Acting in accordance with the

 

 

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1best interests of the public, the judge shall have the
2discretion to determine to whom, if anyone, the results of the
3testing may be revealed. The court shall notify the defendant
4of a positive test showing an infection with the human
5immunodeficiency virus (HIV). The court shall provide
6information on the availability of HIV testing and counseling
7at Department of Public Health facilities to all parties to
8whom the results of the testing are revealed and shall direct
9the State's Attorney to provide the information to the victim
10when possible. A State's Attorney may petition the court to
11obtain the results of any HIV test administered under this
12Section, and the court shall grant the disclosure if the
13State's Attorney shows it is relevant in order to prosecute a
14charge of criminal transmission of HIV under Section 12-16.2 of
15the Criminal Code of 1961 against the defendant. The court
16shall order that the cost of any such test shall be paid by the
17county and may be taxed as costs against the convicted
18defendant.
19    (i) All fines and penalties imposed under this Section for
20any violation of Chapters 3, 4, 6, and 11 of the Illinois
21Vehicle Code, or a similar provision of a local ordinance, and
22any violation of the Child Passenger Protection Act, or a
23similar provision of a local ordinance, shall be collected and
24disbursed by the circuit clerk as provided under Section 27.5
25of the Clerks of Courts Act.
26    (j) In cases when prosecution for any violation of Section

 

 

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111-6, 11-8, 11-9, 11-11, 11-14, 11-15, 11-15.1, 11-16, 11-17,
211-17.1, 11-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 11-20.1,
311-21, 12-13, 12-14, 12-14.1, 12-15, or 12-16 of the Criminal
4Code of 1961, any violation of the Illinois Controlled
5Substances Act, any violation of the Cannabis Control Act, or
6any violation of the Methamphetamine Control and Community
7Protection Act results in conviction, a disposition of court
8supervision, or an order of probation granted under Section 10
9of the Cannabis Control Act, Section 410 of the Illinois
10Controlled Substance Act, or Section 70 of the Methamphetamine
11Control and Community Protection Act of a defendant, the court
12shall determine whether the defendant is employed by a facility
13or center as defined under the Child Care Act of 1969, a public
14or private elementary or secondary school, or otherwise works
15with children under 18 years of age on a daily basis. When a
16defendant is so employed, the court shall order the Clerk of
17the Court to send a copy of the judgment of conviction or order
18of supervision or probation to the defendant's employer by
19certified mail. If the employer of the defendant is a school,
20the Clerk of the Court shall direct the mailing of a copy of
21the judgment of conviction or order of supervision or probation
22to the appropriate regional superintendent of schools. The
23regional superintendent of schools shall notify the State Board
24of Education of any notification under this subsection.
25    (j-5) A defendant at least 17 years of age who is convicted
26of a felony and who has not been previously convicted of a

 

 

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1misdemeanor or felony and who is sentenced to a term of
2imprisonment in the Illinois Department of Corrections shall as
3a condition of his or her sentence be required by the court to
4attend educational courses designed to prepare the defendant
5for a high school diploma and to work toward a high school
6diploma or to work toward passing the high school level Test of
7General Educational Development (GED) or to work toward
8completing a vocational training program offered by the
9Department of Corrections. If a defendant fails to complete the
10educational training required by his or her sentence during the
11term of incarceration, the Prisoner Review Board shall, as a
12condition of mandatory supervised release, require the
13defendant, at his or her own expense, to pursue a course of
14study toward a high school diploma or passage of the GED test.
15The Prisoner Review Board shall revoke the mandatory supervised
16release of a defendant who wilfully fails to comply with this
17subsection (j-5) upon his or her release from confinement in a
18penal institution while serving a mandatory supervised release
19term; however, the inability of the defendant after making a
20good faith effort to obtain financial aid or pay for the
21educational training shall not be deemed a wilful failure to
22comply. The Prisoner Review Board shall recommit the defendant
23whose mandatory supervised release term has been revoked under
24this subsection (j-5) as provided in Section 3-3-9. This
25subsection (j-5) does not apply to a defendant who has a high
26school diploma or has successfully passed the GED test. This

 

 

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1subsection (j-5) does not apply to a defendant who is
2determined by the court to be developmentally disabled or
3otherwise mentally incapable of completing the educational or
4vocational program.
5    (k) (Blank).
6    (l) (A) Except as provided in paragraph (C) of subsection
7    (l), whenever a defendant, who is an alien as defined by
8    the Immigration and Nationality Act, is convicted of any
9    felony or misdemeanor offense, the court after sentencing
10    the defendant may, upon motion of the State's Attorney,
11    hold sentence in abeyance and remand the defendant to the
12    custody of the Attorney General of the United States or his
13    or her designated agent to be deported when:
14            (1) a final order of deportation has been issued
15        against the defendant pursuant to proceedings under
16        the Immigration and Nationality Act, and
17            (2) the deportation of the defendant would not
18        deprecate the seriousness of the defendant's conduct
19        and would not be inconsistent with the ends of justice.
20        Otherwise, the defendant shall be sentenced as
21    provided in this Chapter V.
22        (B) If the defendant has already been sentenced for a
23    felony or misdemeanor offense, or has been placed on
24    probation under Section 10 of the Cannabis Control Act,
25    Section 410 of the Illinois Controlled Substances Act, or
26    Section 70 of the Methamphetamine Control and Community

 

 

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1    Protection Act, the court may, upon motion of the State's
2    Attorney to suspend the sentence imposed, commit the
3    defendant to the custody of the Attorney General of the
4    United States or his or her designated agent when:
5            (1) a final order of deportation has been issued
6        against the defendant pursuant to proceedings under
7        the Immigration and Nationality Act, and
8            (2) the deportation of the defendant would not
9        deprecate the seriousness of the defendant's conduct
10        and would not be inconsistent with the ends of justice.
11        (C) This subsection (l) does not apply to offenders who
12    are subject to the provisions of paragraph (2) of
13    subsection (a) of Section 3-6-3.
14        (D) Upon motion of the State's Attorney, if a defendant
15    sentenced under this Section returns to the jurisdiction of
16    the United States, the defendant shall be recommitted to
17    the custody of the county from which he or she was
18    sentenced. Thereafter, the defendant shall be brought
19    before the sentencing court, which may impose any sentence
20    that was available under Section 5-5-3 at the time of
21    initial sentencing. In addition, the defendant shall not be
22    eligible for additional good conduct credit for
23    meritorious service as provided under Section 3-6-6.
24    (m) A person convicted of criminal defacement of property
25under Section 21-1.3 of the Criminal Code of 1961, in which the
26property damage exceeds $300 and the property damaged is a

 

 

HB2046 Engrossed- 20 -LRB097 05041 RLC 45081 b

1school building, shall be ordered to perform community service
2that may include cleanup, removal, or painting over the
3defacement.
4    (n) The court may sentence a person convicted of a
5violation of Section 12-19, 12-21, or 16-1.3 of the Criminal
6Code of 1961 (i) to an impact incarceration program if the
7person is otherwise eligible for that program under Section
85-8-1.1, (ii) to community service, or (iii) if the person is
9an addict or alcoholic, as defined in the Alcoholism and Other
10Drug Abuse and Dependency Act, to a substance or alcohol abuse
11program licensed under that Act.
12    (o) Whenever a person is convicted of a sex offense as
13defined in Section 2 of the Sex Offender Registration Act, the
14defendant's driver's license or permit shall be subject to
15renewal on an annual basis in accordance with the provisions of
16license renewal established by the Secretary of State.
17(Source: P.A. 95-188, eff. 8-16-07; 95-259, eff. 8-17-07;
1895-331, eff. 8-21-07; 95-377, eff. 1-1-08; 95-579, eff. 6-1-08;
1995-876, eff. 8-21-08; 95-882, eff. 1-1-09; 95-1052, eff.
207-1-09; 96-348, eff. 8-12-09; 96-400, eff. 8-13-09; 96-829,
21eff. 12-3-09; 96-1200, eff. 7-22-10.)