97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB4637

 

Introduced 2/1/2012, by Rep. Emily McAsey

 

SYNOPSIS AS INTRODUCED:
 
720 ILCS 5/12-3.2  from Ch. 38, par. 12-3.2
730 ILCS 5/5-5-3  from Ch. 38, par. 1005-5-3

    Amends the Criminal Code of 1961. Provides that domestic battery is a Class 4 felony if the defendant has one or 2 prior convictions under the Code for domestic battery. Provides that domestic battery is a Class 3 felony if the defendant had 3 prior convictions under the Code for domestic battery. Provides that domestic battery is a Class 2 felony if the defendant had 4 or more prior convictions under the Code for domestic battery. Amends the Unified Code of Corrections. Provides that a period of probation, a term of periodic imprisonment, or conditional discharge shall not be imposed upon an offender who has 4 or more prior convictions for domestic battery.


LRB097 17331 RLC 62532 b

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB4637LRB097 17331 RLC 62532 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 5. The Criminal Code of 1961 is amended by changing
5Section 12-3.2 as follows:
 
6    (720 ILCS 5/12-3.2)  (from Ch. 38, par. 12-3.2)
7    Sec. 12-3.2. Domestic battery.
8    (a) A person commits domestic battery if he or she
9knowingly without legal justification by any means:
10        (1) Causes bodily harm to any family or household
11    member;
12        (2) Makes physical contact of an insulting or provoking
13    nature with any family or household member.
14    (b) Sentence. Domestic battery is a Class A misdemeanor.
15Domestic battery is a Class 4 felony if the defendant has any
16prior conviction under this Code for domestic battery (Section
1712-3.2) or violation of an order of protection (Section 12-3.4
18or 12-30), or any prior conviction under the law of another
19jurisdiction for an offense which is substantially similar.
20Domestic battery is a Class 4 felony if the defendant has any
21prior conviction under this Code for first degree murder
22(Section 9-1), attempt to commit first degree murder (Section
238-4), aggravated domestic battery (Section 12-3.3), aggravated

 

 

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1battery (Section 12-3.05 or 12-4), heinous battery (Section
212-4.1), aggravated battery with a firearm (Section 12-4.2),
3aggravated battery with a machine gun or a firearm equipped
4with a silencer (Section 12-4.2-5), aggravated battery of a
5child (Section 12-4.3), aggravated battery of an unborn child
6(subsection (a-5) of Section 12-3.1, or Section 12-4.4),
7aggravated battery of a senior citizen (Section 12-4.6),
8stalking (Section 12-7.3), aggravated stalking (Section
912-7.4), criminal sexual assault (Section 11-1.20 or 12-13),
10aggravated criminal sexual assault (Section 11-1.30 or 12-14),
11kidnapping (Section 10-1), aggravated kidnapping (Section
1210-2), predatory criminal sexual assault of a child (Section
1311-1.40 or 12-14.1), aggravated criminal sexual abuse (Section
1411-1.60 or 12-16), unlawful restraint (Section 10-3),
15aggravated unlawful restraint (Section 10-3.1), aggravated
16arson (Section 20-1.1), or aggravated discharge of a firearm
17(Section 24-1.2), or any prior conviction under the law of
18another jurisdiction for any offense that is substantially
19similar to the offenses listed in this Section, when any of
20these offenses have been committed against a family or
21household member. Domestic battery is a Class 4 felony if the
22defendant has one or 2 prior convictions under this Code for
23domestic battery (Section 12-3.2). Domestic battery is a Class
243 felony if the defendant had 3 prior convictions under this
25Code for domestic battery (Section 12-3.2). Domestic battery is
26a Class 2 felony if the defendant had 4 or more prior

 

 

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1convictions under this Code for domestic battery (Section
212-3.2). In addition to any other sentencing alternatives, for
3any second or subsequent conviction of violating this Section,
4the offender shall be mandatorily sentenced to a minimum of 72
5consecutive hours of imprisonment. The imprisonment shall not
6be subject to suspension, nor shall the person be eligible for
7probation in order to reduce the sentence.
8    (c) Domestic battery committed in the presence of a child.
9In addition to any other sentencing alternatives, a defendant
10who commits, in the presence of a child, a felony domestic
11battery (enhanced under subsection (b)), aggravated domestic
12battery (Section 12-3.3), aggravated battery (Section 12-3.05
13or 12-4), unlawful restraint (Section 10-3), or aggravated
14unlawful restraint (Section 10-3.1) against a family or
15household member shall be required to serve a mandatory minimum
16imprisonment of 10 days or perform 300 hours of community
17service, or both. The defendant shall further be liable for the
18cost of any counseling required for the child at the discretion
19of the court in accordance with subsection (b) of Section 5-5-6
20of the Unified Code of Corrections. For purposes of this
21Section, "child" means a person under 18 years of age who is
22the defendant's or victim's child or step-child or who is a
23minor child residing within or visiting the household of the
24defendant or victim.
25    (d) Upon conviction of domestic battery, the court shall
26advise the defendant orally or in writing, substantially as

 

 

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1follows: "An individual convicted of domestic battery may be
2subject to federal criminal penalties for possessing,
3transporting, shipping, or receiving any firearm or ammunition
4in violation of the federal Gun Control Act of 1968 (18 U.S.C.
5922(g)(8) and (9))." A notation shall be made in the court file
6that the admonition was given.
7(Source: P.A. 96-287, eff. 8-11-09; 96-1551, Article 1, Section
85, eff. 7-1-11; 96-1551, Article 2, Section 1035, eff. 7-1-11;
9revised 9-30-11.)
 
10    Section 10. The Unified Code of Corrections is amended by
11changing Section 5-5-3 as follows:
 
12    (730 ILCS 5/5-5-3)  (from Ch. 38, par. 1005-5-3)
13    Sec. 5-5-3. Disposition.
14    (a) (Blank).
15    (b) (Blank).
16    (c) (1) (Blank).
17        (2) A period of probation, a term of periodic
18    imprisonment or conditional discharge shall not be imposed
19    for the following offenses. The court shall sentence the
20    offender to not less than the minimum term of imprisonment
21    set forth in this Code for the following offenses, and may
22    order a fine or restitution or both in conjunction with
23    such term of imprisonment:
24            (A) First degree murder where the death penalty is

 

 

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1        not imposed.
2            (B) Attempted first degree murder.
3            (C) A Class X felony.
4            (D) A violation of Section 401.1 or 407 of the
5        Illinois Controlled Substances Act, or a violation of
6        subdivision (c)(1), (c)(1.5), or (c)(2) of Section 401
7        of that Act which relates to more than 5 grams of a
8        substance containing heroin, cocaine, fentanyl, or an
9        analog thereof.
10            (E) A violation of Section 5.1 or 9 of the Cannabis
11        Control Act.
12            (F) A Class 2 or greater felony if the offender had
13        been convicted of a Class 2 or greater felony,
14        including any state or federal conviction for an
15        offense that contained, at the time it was committed,
16        the same elements as an offense now (the date of the
17        offense committed after the prior Class 2 or greater
18        felony) classified as a Class 2 or greater felony,
19        within 10 years of the date on which the offender
20        committed the offense for which he or she is being
21        sentenced, except as otherwise provided in Section
22        40-10 of the Alcoholism and Other Drug Abuse and
23        Dependency Act.
24            (F-5) A violation of Section 24-1, 24-1.1, or
25        24-1.6 of the Criminal Code of 1961 for which
26        imprisonment is prescribed in those Sections.

 

 

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1            (G) Residential burglary, except as otherwise
2        provided in Section 40-10 of the Alcoholism and Other
3        Drug Abuse and Dependency Act.
4            (H) Criminal sexual assault.
5            (I) Aggravated battery of a senior citizen as
6        described in Section 12-4.6 or subdivision (a)(4) of
7        Section 12-3.05.
8            (J) A forcible felony if the offense was related to
9        the activities of an organized gang.
10            Before July 1, 1994, for the purposes of this
11        paragraph, "organized gang" means an association of 5
12        or more persons, with an established hierarchy, that
13        encourages members of the association to perpetrate
14        crimes or provides support to the members of the
15        association who do commit crimes.
16            Beginning July 1, 1994, for the purposes of this
17        paragraph, "organized gang" has the meaning ascribed
18        to it in Section 10 of the Illinois Streetgang
19        Terrorism Omnibus Prevention Act.
20            (K) Vehicular hijacking.
21            (L) A second or subsequent conviction for the
22        offense of hate crime when the underlying offense upon
23        which the hate crime is based is felony aggravated
24        assault or felony mob action.
25            (M) A second or subsequent conviction for the
26        offense of institutional vandalism if the damage to the

 

 

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1        property exceeds $300.
2            (N) A Class 3 felony violation of paragraph (1) of
3        subsection (a) of Section 2 of the Firearm Owners
4        Identification Card Act.
5            (O) A violation of Section 12-6.1 or 12-6.5 of the
6        Criminal Code of 1961.
7            (P) A violation of paragraph (1), (2), (3), (4),
8        (5), or (7) of subsection (a) of Section 11-20.1 of the
9        Criminal Code of 1961.
10            (Q) A violation of Section 20-1.2 or 20-1.3 of the
11        Criminal Code of 1961.
12            (R) A violation of Section 24-3A of the Criminal
13        Code of 1961.
14            (S) (Blank).
15            (T) A second or subsequent violation of the
16        Methamphetamine Control and Community Protection Act.
17            (U) A second or subsequent violation of Section
18        6-303 of the Illinois Vehicle Code committed while his
19        or her driver's license, permit, or privilege was
20        revoked because of a violation of Section 9-3 of the
21        Criminal Code of 1961, relating to the offense of
22        reckless homicide, or a similar provision of a law of
23        another state.
24            (V) A violation of paragraph (4) of subsection (c)
25        of Section 11-20.1B or paragraph (4) of subsection (c)
26        of Section 11-20.3 of the Criminal Code of 1961.

 

 

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1            (W) A violation of Section 24-3.5 of the Criminal
2        Code of 1961.
3            (X) A violation of subsection (a) of Section 31-1a
4        of the Criminal Code of 1961.
5            (Y) A conviction for unlawful possession of a
6        firearm by a street gang member when the firearm was
7        loaded or contained firearm ammunition.
8            (Z) A Class 1 felony committed while he or she was
9        serving a term of probation or conditional discharge
10        for a felony.
11            (AA) Theft of property exceeding $500,000 and not
12        exceeding $1,000,000 in value.
13            (BB) Laundering of criminally derived property of
14        a value exceeding $500,000.
15            (CC) Knowingly selling, offering for sale, holding
16        for sale, or using 2,000 or more counterfeit items or
17        counterfeit items having a retail value in the
18        aggregate of $500,000 or more.
19            (DD) A conviction for aggravated assault under
20        paragraph (6) of subsection (c) of Section 12-2 of the
21        Criminal Code of 1961 if the firearm is aimed toward
22        the person against whom the firearm is being used.
23            (EE) Four or more prior convictions for domestic
24        battery under Section 12-3.2 of the Criminal Code of
25        1961.
26        (3) (Blank).

 

 

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1        (4) A minimum term of imprisonment of not less than 10
2    consecutive days or 30 days of community service shall be
3    imposed for a violation of paragraph (c) of Section 6-303
4    of the Illinois Vehicle Code.
5        (4.1) (Blank).
6        (4.2) Except as provided in paragraphs (4.3) and (4.8)
7    of this subsection (c), a minimum of 100 hours of community
8    service shall be imposed for a second violation of Section
9    6-303 of the Illinois Vehicle Code.
10        (4.3) A minimum term of imprisonment of 30 days or 300
11    hours of community service, as determined by the court,
12    shall be imposed for a second violation of subsection (c)
13    of Section 6-303 of the Illinois Vehicle Code.
14        (4.4) Except as provided in paragraphs (4.5), (4.6),
15    and (4.9) of this subsection (c), a minimum term of
16    imprisonment of 30 days or 300 hours of community service,
17    as determined by the court, shall be imposed for a third or
18    subsequent violation of Section 6-303 of the Illinois
19    Vehicle Code.
20        (4.5) A minimum term of imprisonment of 30 days shall
21    be imposed for a third violation of subsection (c) of
22    Section 6-303 of the Illinois Vehicle Code.
23        (4.6) Except as provided in paragraph (4.10) of this
24    subsection (c), a minimum term of imprisonment of 180 days
25    shall be imposed for a fourth or subsequent violation of
26    subsection (c) of Section 6-303 of the Illinois Vehicle

 

 

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1    Code.
2        (4.7) A minimum term of imprisonment of not less than
3    30 consecutive days, or 300 hours of community service,
4    shall be imposed for a violation of subsection (a-5) of
5    Section 6-303 of the Illinois Vehicle Code, as provided in
6    subsection (b-5) of that Section.
7        (4.8) A mandatory prison sentence shall be imposed for
8    a second violation of subsection (a-5) of Section 6-303 of
9    the Illinois Vehicle Code, as provided in subsection (c-5)
10    of that Section. The person's driving privileges shall be
11    revoked for a period of not less than 5 years from the date
12    of his or her release from prison.
13        (4.9) A mandatory prison sentence of not less than 4
14    and not more than 15 years shall be imposed for a third
15    violation of subsection (a-5) of Section 6-303 of the
16    Illinois Vehicle Code, as provided in subsection (d-2.5) of
17    that Section. The person's driving privileges shall be
18    revoked for the remainder of his or her life.
19        (4.10) A mandatory prison sentence for a Class 1 felony
20    shall be imposed, and the person shall be eligible for an
21    extended term sentence, for a fourth or subsequent
22    violation of subsection (a-5) of Section 6-303 of the
23    Illinois Vehicle Code, as provided in subsection (d-3.5) of
24    that Section. The person's driving privileges shall be
25    revoked for the remainder of his or her life.
26        (5) The court may sentence a corporation or

 

 

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1    unincorporated association convicted of any offense to:
2            (A) a period of conditional discharge;
3            (B) a fine;
4            (C) make restitution to the victim under Section
5        5-5-6 of this Code.
6        (5.1) In addition to any other penalties imposed, and
7    except as provided in paragraph (5.2) or (5.3), a person
8    convicted of violating subsection (c) of Section 11-907 of
9    the Illinois Vehicle Code shall have his or her driver's
10    license, permit, or privileges suspended for at least 90
11    days but not more than one year, if the violation resulted
12    in damage to the property of another person.
13        (5.2) In addition to any other penalties imposed, and
14    except as provided in paragraph (5.3), a person convicted
15    of violating subsection (c) of Section 11-907 of the
16    Illinois Vehicle Code shall have his or her driver's
17    license, permit, or privileges suspended for at least 180
18    days but not more than 2 years, if the violation resulted
19    in injury to another person.
20        (5.3) In addition to any other penalties imposed, a
21    person convicted of violating subsection (c) of Section
22    11-907 of the Illinois Vehicle Code shall have his or her
23    driver's license, permit, or privileges suspended for 2
24    years, if the violation resulted in the death of another
25    person.
26        (5.4) In addition to any other penalties imposed, a

 

 

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1    person convicted of violating Section 3-707 of the Illinois
2    Vehicle Code shall have his or her driver's license,
3    permit, or privileges suspended for 3 months and until he
4    or she has paid a reinstatement fee of $100.
5        (5.5) In addition to any other penalties imposed, a
6    person convicted of violating Section 3-707 of the Illinois
7    Vehicle Code during a period in which his or her driver's
8    license, permit, or privileges were suspended for a
9    previous violation of that Section shall have his or her
10    driver's license, permit, or privileges suspended for an
11    additional 6 months after the expiration of the original
12    3-month suspension and until he or she has paid a
13    reinstatement fee of $100.
14        (6) (Blank).
15        (7) (Blank).
16        (8) (Blank).
17        (9) A defendant convicted of a second or subsequent
18    offense of ritualized abuse of a child may be sentenced to
19    a term of natural life imprisonment.
20        (10) (Blank).
21        (11) The court shall impose a minimum fine of $1,000
22    for a first offense and $2,000 for a second or subsequent
23    offense upon a person convicted of or placed on supervision
24    for battery when the individual harmed was a sports
25    official or coach at any level of competition and the act
26    causing harm to the sports official or coach occurred

 

 

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1    within an athletic facility or within the immediate
2    vicinity of the athletic facility at which the sports
3    official or coach was an active participant of the athletic
4    contest held at the athletic facility. For the purposes of
5    this paragraph (11), "sports official" means a person at an
6    athletic contest who enforces the rules of the contest,
7    such as an umpire or referee; "athletic facility" means an
8    indoor or outdoor playing field or recreational area where
9    sports activities are conducted; and "coach" means a person
10    recognized as a coach by the sanctioning authority that
11    conducted the sporting event.
12        (12) A person may not receive a disposition of court
13    supervision for a violation of Section 5-16 of the Boat
14    Registration and Safety Act if that person has previously
15    received a disposition of court supervision for a violation
16    of that Section.
17        (13) A person convicted of or placed on court
18    supervision for an assault or aggravated assault when the
19    victim and the offender are family or household members as
20    defined in Section 103 of the Illinois Domestic Violence
21    Act of 1986 or convicted of domestic battery or aggravated
22    domestic battery may be required to attend a Partner Abuse
23    Intervention Program under protocols set forth by the
24    Illinois Department of Human Services under such terms and
25    conditions imposed by the court. The costs of such classes
26    shall be paid by the offender.

 

 

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1    (d) In any case in which a sentence originally imposed is
2vacated, the case shall be remanded to the trial court. The
3trial court shall hold a hearing under Section 5-4-1 of the
4Unified Code of Corrections which may include evidence of the
5defendant's life, moral character and occupation during the
6time since the original sentence was passed. The trial court
7shall then impose sentence upon the defendant. The trial court
8may impose any sentence which could have been imposed at the
9original trial subject to Section 5-5-4 of the Unified Code of
10Corrections. If a sentence is vacated on appeal or on
11collateral attack due to the failure of the trier of fact at
12trial to determine beyond a reasonable doubt the existence of a
13fact (other than a prior conviction) necessary to increase the
14punishment for the offense beyond the statutory maximum
15otherwise applicable, either the defendant may be re-sentenced
16to a term within the range otherwise provided or, if the State
17files notice of its intention to again seek the extended
18sentence, the defendant shall be afforded a new trial.
19    (e) In cases where prosecution for aggravated criminal
20sexual abuse under Section 11-1.60 or 12-16 of the Criminal
21Code of 1961 results in conviction of a defendant who was a
22family member of the victim at the time of the commission of
23the offense, the court shall consider the safety and welfare of
24the victim and may impose a sentence of probation only where:
25        (1) the court finds (A) or (B) or both are appropriate:
26            (A) the defendant is willing to undergo a court

 

 

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1        approved counseling program for a minimum duration of 2
2        years; or
3            (B) the defendant is willing to participate in a
4        court approved plan including but not limited to the
5        defendant's:
6                (i) removal from the household;
7                (ii) restricted contact with the victim;
8                (iii) continued financial support of the
9            family;
10                (iv) restitution for harm done to the victim;
11            and
12                (v) compliance with any other measures that
13            the court may deem appropriate; and
14        (2) the court orders the defendant to pay for the
15    victim's counseling services, to the extent that the court
16    finds, after considering the defendant's income and
17    assets, that the defendant is financially capable of paying
18    for such services, if the victim was under 18 years of age
19    at the time the offense was committed and requires
20    counseling as a result of the offense.
21    Probation may be revoked or modified pursuant to Section
225-6-4; except where the court determines at the hearing that
23the defendant violated a condition of his or her probation
24restricting contact with the victim or other family members or
25commits another offense with the victim or other family
26members, the court shall revoke the defendant's probation and

 

 

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1impose a term of imprisonment.
2    For the purposes of this Section, "family member" and
3"victim" shall have the meanings ascribed to them in Section
411-0.1 of the Criminal Code of 1961.
5    (f) (Blank).
6    (g) Whenever a defendant is convicted of an offense under
7Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-14,
811-14.3, 11-14.4 except for an offense that involves keeping a
9place of juvenile prostitution, 11-15, 11-15.1, 11-16, 11-17,
1011-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 12-13, 12-14,
1112-14.1, 12-15 or 12-16 of the Criminal Code of 1961, the
12defendant shall undergo medical testing to determine whether
13the defendant has any sexually transmissible disease,
14including a test for infection with human immunodeficiency
15virus (HIV) or any other identified causative agent of acquired
16immunodeficiency syndrome (AIDS). Any such medical test shall
17be performed only by appropriately licensed medical
18practitioners and may include an analysis of any bodily fluids
19as well as an examination of the defendant's person. Except as
20otherwise provided by law, the results of such test shall be
21kept strictly confidential by all medical personnel involved in
22the testing and must be personally delivered in a sealed
23envelope to the judge of the court in which the conviction was
24entered for the judge's inspection in camera. Acting in
25accordance with the best interests of the victim and the
26public, the judge shall have the discretion to determine to

 

 

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1whom, if anyone, the results of the testing may be revealed.
2The court shall notify the defendant of the test results. The
3court shall also notify the victim if requested by the victim,
4and if the victim is under the age of 15 and if requested by the
5victim's parents or legal guardian, the court shall notify the
6victim's parents or legal guardian of the test results. The
7court shall provide information on the availability of HIV
8testing and counseling at Department of Public Health
9facilities to all parties to whom the results of the testing
10are revealed and shall direct the State's Attorney to provide
11the information to the victim when possible. A State's Attorney
12may petition the court to obtain the results of any HIV test
13administered under this Section, and the court shall grant the
14disclosure if the State's Attorney shows it is relevant in
15order to prosecute a charge of criminal transmission of HIV
16under Section 12-5.01 or 12-16.2 of the Criminal Code of 1961
17against the defendant. The court shall order that the cost of
18any such test shall be paid by the county and may be taxed as
19costs against the convicted defendant.
20    (g-5) When an inmate is tested for an airborne communicable
21disease, as determined by the Illinois Department of Public
22Health including but not limited to tuberculosis, the results
23of the test shall be personally delivered by the warden or his
24or her designee in a sealed envelope to the judge of the court
25in which the inmate must appear for the judge's inspection in
26camera if requested by the judge. Acting in accordance with the

 

 

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1best interests of those in the courtroom, the judge shall have
2the discretion to determine what if any precautions need to be
3taken to prevent transmission of the disease in the courtroom.
4    (h) Whenever a defendant is convicted of an offense under
5Section 1 or 2 of the Hypodermic Syringes and Needles Act, the
6defendant shall undergo medical testing to determine whether
7the defendant has been exposed to human immunodeficiency virus
8(HIV) or any other identified causative agent of acquired
9immunodeficiency syndrome (AIDS). Except as otherwise provided
10by law, the results of such test shall be kept strictly
11confidential by all medical personnel involved in the testing
12and must be personally delivered in a sealed envelope to the
13judge of the court in which the conviction was entered for the
14judge's inspection in camera. Acting in accordance with the
15best interests of the public, the judge shall have the
16discretion to determine to whom, if anyone, the results of the
17testing may be revealed. The court shall notify the defendant
18of a positive test showing an infection with the human
19immunodeficiency virus (HIV). The court shall provide
20information on the availability of HIV testing and counseling
21at Department of Public Health facilities to all parties to
22whom the results of the testing are revealed and shall direct
23the State's Attorney to provide the information to the victim
24when possible. A State's Attorney may petition the court to
25obtain the results of any HIV test administered under this
26Section, and the court shall grant the disclosure if the

 

 

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1State's Attorney shows it is relevant in order to prosecute a
2charge of criminal transmission of HIV under Section 12-5.01 or
312-16.2 of the Criminal Code of 1961 against the defendant. The
4court shall order that the cost of any such test shall be paid
5by the county and may be taxed as costs against the convicted
6defendant.
7    (i) All fines and penalties imposed under this Section for
8any violation of Chapters 3, 4, 6, and 11 of the Illinois
9Vehicle Code, or a similar provision of a local ordinance, and
10any violation of the Child Passenger Protection Act, or a
11similar provision of a local ordinance, shall be collected and
12disbursed by the circuit clerk as provided under Section 27.5
13of the Clerks of Courts Act.
14    (j) In cases when prosecution for any violation of Section
1511-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-8, 11-9,
1611-11, 11-14, 11-14.3, 11-14.4, 11-15, 11-15.1, 11-16, 11-17,
1711-17.1, 11-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 11-20.1,
1811-20.1B, 11-20.3, 11-21, 11-30, 11-40, 12-13, 12-14, 12-14.1,
1912-15, or 12-16 of the Criminal Code of 1961, any violation of
20the Illinois Controlled Substances Act, any violation of the
21Cannabis Control Act, or any violation of the Methamphetamine
22Control and Community Protection Act results in conviction, a
23disposition of court supervision, or an order of probation
24granted under Section 10 of the Cannabis Control Act, Section
25410 of the Illinois Controlled Substance Act, or Section 70 of
26the Methamphetamine Control and Community Protection Act of a

 

 

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1defendant, the court shall determine whether the defendant is
2employed by a facility or center as defined under the Child
3Care Act of 1969, a public or private elementary or secondary
4school, or otherwise works with children under 18 years of age
5on a daily basis. When a defendant is so employed, the court
6shall order the Clerk of the Court to send a copy of the
7judgment of conviction or order of supervision or probation to
8the defendant's employer by certified mail. If the employer of
9the defendant is a school, the Clerk of the Court shall direct
10the mailing of a copy of the judgment of conviction or order of
11supervision or probation to the appropriate regional
12superintendent of schools. The regional superintendent of
13schools shall notify the State Board of Education of any
14notification under this subsection.
15    (j-5) A defendant at least 17 years of age who is convicted
16of a felony and who has not been previously convicted of a
17misdemeanor or felony and who is sentenced to a term of
18imprisonment in the Illinois Department of Corrections shall as
19a condition of his or her sentence be required by the court to
20attend educational courses designed to prepare the defendant
21for a high school diploma and to work toward a high school
22diploma or to work toward passing the high school level Test of
23General Educational Development (GED) or to work toward
24completing a vocational training program offered by the
25Department of Corrections. If a defendant fails to complete the
26educational training required by his or her sentence during the

 

 

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1term of incarceration, the Prisoner Review Board shall, as a
2condition of mandatory supervised release, require the
3defendant, at his or her own expense, to pursue a course of
4study toward a high school diploma or passage of the GED test.
5The Prisoner Review Board shall revoke the mandatory supervised
6release of a defendant who wilfully fails to comply with this
7subsection (j-5) upon his or her release from confinement in a
8penal institution while serving a mandatory supervised release
9term; however, the inability of the defendant after making a
10good faith effort to obtain financial aid or pay for the
11educational training shall not be deemed a wilful failure to
12comply. The Prisoner Review Board shall recommit the defendant
13whose mandatory supervised release term has been revoked under
14this subsection (j-5) as provided in Section 3-3-9. This
15subsection (j-5) does not apply to a defendant who has a high
16school diploma or has successfully passed the GED test. This
17subsection (j-5) does not apply to a defendant who is
18determined by the court to be developmentally disabled or
19otherwise mentally incapable of completing the educational or
20vocational program.
21    (k) (Blank).
22    (l) (A) Except as provided in paragraph (C) of subsection
23    (l), whenever a defendant, who is an alien as defined by
24    the Immigration and Nationality Act, is convicted of any
25    felony or misdemeanor offense, the court after sentencing
26    the defendant may, upon motion of the State's Attorney,

 

 

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1    hold sentence in abeyance and remand the defendant to the
2    custody of the Attorney General of the United States or his
3    or her designated agent to be deported when:
4            (1) a final order of deportation has been issued
5        against the defendant pursuant to proceedings under
6        the Immigration and Nationality Act, and
7            (2) the deportation of the defendant would not
8        deprecate the seriousness of the defendant's conduct
9        and would not be inconsistent with the ends of justice.
10        Otherwise, the defendant shall be sentenced as
11    provided in this Chapter V.
12        (B) If the defendant has already been sentenced for a
13    felony or misdemeanor offense, or has been placed on
14    probation under Section 10 of the Cannabis Control Act,
15    Section 410 of the Illinois Controlled Substances Act, or
16    Section 70 of the Methamphetamine Control and Community
17    Protection Act, the court may, upon motion of the State's
18    Attorney to suspend the sentence imposed, commit the
19    defendant to the custody of the Attorney General of the
20    United States or his or her designated agent when:
21            (1) a final order of deportation has been issued
22        against the defendant pursuant to proceedings under
23        the Immigration and Nationality Act, and
24            (2) the deportation of the defendant would not
25        deprecate the seriousness of the defendant's conduct
26        and would not be inconsistent with the ends of justice.

 

 

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1        (C) This subsection (l) does not apply to offenders who
2    are subject to the provisions of paragraph (2) of
3    subsection (a) of Section 3-6-3.
4        (D) Upon motion of the State's Attorney, if a defendant
5    sentenced under this Section returns to the jurisdiction of
6    the United States, the defendant shall be recommitted to
7    the custody of the county from which he or she was
8    sentenced. Thereafter, the defendant shall be brought
9    before the sentencing court, which may impose any sentence
10    that was available under Section 5-5-3 at the time of
11    initial sentencing. In addition, the defendant shall not be
12    eligible for additional good conduct credit for
13    meritorious service as provided under Section 3-6-6.
14    (m) A person convicted of criminal defacement of property
15under Section 21-1.3 of the Criminal Code of 1961, in which the
16property damage exceeds $300 and the property damaged is a
17school building, shall be ordered to perform community service
18that may include cleanup, removal, or painting over the
19defacement.
20    (n) The court may sentence a person convicted of a
21violation of Section 12-19, 12-21, 16-1.3, or 17-56, or
22subsection (a) or (b) of Section 12-4.4a, of the Criminal Code
23of 1961 (i) to an impact incarceration program if the person is
24otherwise eligible for that program under Section 5-8-1.1, (ii)
25to community service, or (iii) if the person is an addict or
26alcoholic, as defined in the Alcoholism and Other Drug Abuse

 

 

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1and Dependency Act, to a substance or alcohol abuse program
2licensed under that Act.
3    (o) Whenever a person is convicted of a sex offense as
4defined in Section 2 of the Sex Offender Registration Act, the
5defendant's driver's license or permit shall be subject to
6renewal on an annual basis in accordance with the provisions of
7license renewal established by the Secretary of State.
8(Source: P.A. 96-348, eff. 8-12-09; 96-400, eff. 8-13-09;
996-829, eff. 12-3-09; 96-1200, eff. 7-22-10; 96-1551, Article
101, Section 970, eff. 7-1-11; 96-1551, Article 2, Section 1065,
11eff. 7-1-11; 96-1551, Article 10, Section 10-150, eff. 7-1-11;
1297-159, eff. 7-21-11; revised 9-14-11.)