98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB1542

 

Introduced , by Rep. Keith Farnham

 

SYNOPSIS AS INTRODUCED:
 
5 ILCS 430/50-5
730 ILCS 5/5-5-3  from Ch. 38, par. 1005-5-3

    Amends the State Officials and Employees Ethics Act. Increases criminal penalties and fines for specified violations of the Act. Amends the Unified Code of Corrections. Provides that certain violations of the State Officials and Employees Ethics Act are non-probationable offenses.


LRB098 02830 JDS 32839 b

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB1542LRB098 02830 JDS 32839 b

1    AN ACT concerning government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The State Officials and Employees Ethics Act is
5amended by changing Section 50-5 as follows:
 
6    (5 ILCS 430/50-5)
7    Sec. 50-5. Penalties.
8    (a) A person is guilty of a Class A misdemeanor if that
9person intentionally violates any provision of Section 5-20 or
105-55 5-15, 5-30, 5-40, or 5-45 or Article 15. A person who
11intentionally violates any provision of Section 5-35 or 5-50 is
12guilty of a non-probationable Class A misdemeanor. A person who
13intentionally violates any provision of Section 5-15, 5-30,
145-40, or 5-45 is guilty of a non-probationable Class 4 felony.
15    (a-1) An ethics commission may levy an administrative fine
16for a violation of Section 5-45 of this Act of up to 3 times the
17total annual compensation that would have been obtained in
18violation of Section 5-45.
19    (b) (Blank). A person who intentionally violates any
20provision of Section 5-20, 5-35, 5-50, or 5-55 is guilty of a
21business offense subject to a fine of at least $1,001 and up to
22$5,000.
23    (c) A person who intentionally violates any provision of

 

 

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1Article 10 or Section 5-10 is guilty of a business offense and
2subject to a fine of at least $5,000 $1,001 and up to $10,000
3$5,000.
4    (d) Any person who intentionally makes a false report
5alleging a violation of any provision of this Act to an ethics
6commission, an inspector general, the State Police, a State's
7Attorney, the Attorney General, or any other law enforcement
8official is guilty of a Class A misdemeanor.
9    (e) An ethics commission may levy an administrative fine of
10up to $5,000 against any person who violates this Act, who
11intentionally obstructs or interferes with an investigation
12conducted under this Act by an inspector general, or who
13intentionally makes a false, frivolous, or bad faith
14allegation.
15    (f) In addition to any other penalty that may apply,
16whether criminal or civil, a State employee who intentionally
17violates any provision of Section 5-5, 5-15, 5-20, 5-30, 5-35,
185-45, or 5-50, Article 10, Article 15, or Section 20-90 or
1925-90 is subject to discipline or discharge by the appropriate
20ultimate jurisdictional authority.
21(Source: P.A. 96-555, eff. 8-18-09.)
 
22    Section 10. The Unified Code of Corrections is amended by
23changing Section 5-5-3 as follows:
 
24    (730 ILCS 5/5-5-3)  (from Ch. 38, par. 1005-5-3)

 

 

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1    Sec. 5-5-3. Disposition.
2    (a) (Blank).
3    (b) (Blank).
4    (c) (1) (Blank).
5        (2) A period of probation, a term of periodic
6    imprisonment or conditional discharge shall not be imposed
7    for the following offenses. The court shall sentence the
8    offender to not less than the minimum term of imprisonment
9    set forth in this Code for the following offenses, and may
10    order a fine or restitution or both in conjunction with
11    such term of imprisonment:
12            (A) First degree murder where the death penalty is
13        not imposed.
14            (B) Attempted first degree murder.
15            (C) A Class X felony.
16            (D) A violation of Section 401.1 or 407 of the
17        Illinois Controlled Substances Act, or a violation of
18        subdivision (c)(1.5) or (c)(2) of Section 401 of that
19        Act which relates to more than 5 grams of a substance
20        containing cocaine, fentanyl, or an analog thereof.
21            (D-5) A violation of subdivision (c)(1) of Section
22        401 of the Illinois Controlled Substances Act which
23        relates to 3 or more grams of a substance containing
24        heroin or an analog thereof.
25            (E) A violation of Section 5.1 or 9 of the Cannabis
26        Control Act.

 

 

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1            (F) A Class 2 or greater felony if the offender had
2        been convicted of a Class 2 or greater felony,
3        including any state or federal conviction for an
4        offense that contained, at the time it was committed,
5        the same elements as an offense now (the date of the
6        offense committed after the prior Class 2 or greater
7        felony) classified as a Class 2 or greater felony,
8        within 10 years of the date on which the offender
9        committed the offense for which he or she is being
10        sentenced, except as otherwise provided in Section
11        40-10 of the Alcoholism and Other Drug Abuse and
12        Dependency Act.
13            (F-5) A violation of Section 24-1, 24-1.1, or
14        24-1.6 of the Criminal Code of 1961 for which
15        imprisonment is prescribed in those Sections.
16            (G) Residential burglary, except as otherwise
17        provided in Section 40-10 of the Alcoholism and Other
18        Drug Abuse and Dependency Act.
19            (H) Criminal sexual assault.
20            (I) Aggravated battery of a senior citizen as
21        described in Section 12-4.6 or subdivision (a)(4) of
22        Section 12-3.05.
23            (J) A forcible felony if the offense was related to
24        the activities of an organized gang.
25            Before July 1, 1994, for the purposes of this
26        paragraph, "organized gang" means an association of 5

 

 

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1        or more persons, with an established hierarchy, that
2        encourages members of the association to perpetrate
3        crimes or provides support to the members of the
4        association who do commit crimes.
5            Beginning July 1, 1994, for the purposes of this
6        paragraph, "organized gang" has the meaning ascribed
7        to it in Section 10 of the Illinois Streetgang
8        Terrorism Omnibus Prevention Act.
9            (K) Vehicular hijacking.
10            (L) A second or subsequent conviction for the
11        offense of hate crime when the underlying offense upon
12        which the hate crime is based is felony aggravated
13        assault or felony mob action.
14            (M) A second or subsequent conviction for the
15        offense of institutional vandalism if the damage to the
16        property exceeds $300.
17            (N) A Class 3 felony violation of paragraph (1) of
18        subsection (a) of Section 2 of the Firearm Owners
19        Identification Card Act.
20            (O) A violation of Section 12-6.1 or 12-6.5 of the
21        Criminal Code of 1961.
22            (P) A violation of paragraph (1), (2), (3), (4),
23        (5), or (7) of subsection (a) of Section 11-20.1 of the
24        Criminal Code of 1961.
25            (Q) A violation of subsection (b) or (b-5) of
26        Section 20-1, Section 20-1.2, or Section 20-1.3 of the

 

 

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1        Criminal Code of 1961.
2            (R) A violation of Section 24-3A of the Criminal
3        Code of 1961.
4            (S) (Blank).
5            (T) A second or subsequent violation of the
6        Methamphetamine Control and Community Protection Act.
7            (U) A second or subsequent violation of Section
8        6-303 of the Illinois Vehicle Code committed while his
9        or her driver's license, permit, or privilege was
10        revoked because of a violation of Section 9-3 of the
11        Criminal Code of 1961, relating to the offense of
12        reckless homicide, or a similar provision of a law of
13        another state.
14            (V) A violation of paragraph (4) of subsection (c)
15        of Section 11-20.1B or paragraph (4) of subsection (c)
16        of Section 11-20.3 of the Criminal Code of 1961.
17            (W) A violation of Section 24-3.5 of the Criminal
18        Code of 1961.
19            (X) A violation of subsection (a) of Section 31-1a
20        of the Criminal Code of 1961.
21            (Y) A conviction for unlawful possession of a
22        firearm by a street gang member when the firearm was
23        loaded or contained firearm ammunition.
24            (Z) A Class 1 felony committed while he or she was
25        serving a term of probation or conditional discharge
26        for a felony.

 

 

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1            (AA) Theft of property exceeding $500,000 and not
2        exceeding $1,000,000 in value.
3            (BB) Laundering of criminally derived property of
4        a value exceeding $500,000.
5            (CC) Knowingly selling, offering for sale, holding
6        for sale, or using 2,000 or more counterfeit items or
7        counterfeit items having a retail value in the
8        aggregate of $500,000 or more.
9            (DD) A conviction for aggravated assault under
10        paragraph (6) of subsection (c) of Section 12-2 of the
11        Criminal Code of 1961 if the firearm is aimed toward
12        the person against whom the firearm is being used.
13            (EE) A violation of Section 5-15, 5-30, 5-35, 5-40,
14        5-45, or 5-50 of the State Officials and Employees
15        Ethics Act.
16        (3) (Blank).
17        (4) A minimum term of imprisonment of not less than 10
18    consecutive days or 30 days of community service shall be
19    imposed for a violation of paragraph (c) of Section 6-303
20    of the Illinois Vehicle Code.
21        (4.1) (Blank).
22        (4.2) Except as provided in paragraphs (4.3) and (4.8)
23    of this subsection (c), a minimum of 100 hours of community
24    service shall be imposed for a second violation of Section
25    6-303 of the Illinois Vehicle Code.
26        (4.3) A minimum term of imprisonment of 30 days or 300

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1collateral attack due to the failure of the trier of fact at
2trial to determine beyond a reasonable doubt the existence of a
3fact (other than a prior conviction) necessary to increase the
4punishment for the offense beyond the statutory maximum
5otherwise applicable, either the defendant may be re-sentenced
6to a term within the range otherwise provided or, if the State
7files notice of its intention to again seek the extended
8sentence, the defendant shall be afforded a new trial.
9    (e) In cases where prosecution for aggravated criminal
10sexual abuse under Section 11-1.60 or 12-16 of the Criminal
11Code of 1961 results in conviction of a defendant who was a
12family member of the victim at the time of the commission of
13the offense, the court shall consider the safety and welfare of
14the victim and may impose a sentence of probation only where:
15        (1) the court finds (A) or (B) or both are appropriate:
16            (A) the defendant is willing to undergo a court
17        approved counseling program for a minimum duration of 2
18        years; or
19            (B) the defendant is willing to participate in a
20        court approved plan including but not limited to the
21        defendant's:
22                (i) removal from the household;
23                (ii) restricted contact with the victim;
24                (iii) continued financial support of the
25            family;
26                (iv) restitution for harm done to the victim;

 

 

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1            and
2                (v) compliance with any other measures that
3            the court may deem appropriate; and
4        (2) the court orders the defendant to pay for the
5    victim's counseling services, to the extent that the court
6    finds, after considering the defendant's income and
7    assets, that the defendant is financially capable of paying
8    for such services, if the victim was under 18 years of age
9    at the time the offense was committed and requires
10    counseling as a result of the offense.
11    Probation may be revoked or modified pursuant to Section
125-6-4; except where the court determines at the hearing that
13the defendant violated a condition of his or her probation
14restricting contact with the victim or other family members or
15commits another offense with the victim or other family
16members, the court shall revoke the defendant's probation and
17impose a term of imprisonment.
18    For the purposes of this Section, "family member" and
19"victim" shall have the meanings ascribed to them in Section
2011-0.1 of the Criminal Code of 1961.
21    (f) (Blank).
22    (g) Whenever a defendant is convicted of an offense under
23Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-14,
2411-14.3, 11-14.4 except for an offense that involves keeping a
25place of juvenile prostitution, 11-15, 11-15.1, 11-16, 11-17,
2611-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 12-13, 12-14,

 

 

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112-14.1, 12-15 or 12-16 of the Criminal Code of 1961, the
2defendant shall undergo medical testing to determine whether
3the defendant has any sexually transmissible disease,
4including a test for infection with human immunodeficiency
5virus (HIV) or any other identified causative agent of acquired
6immunodeficiency syndrome (AIDS). Any such medical test shall
7be performed only by appropriately licensed medical
8practitioners and may include an analysis of any bodily fluids
9as well as an examination of the defendant's person. Except as
10otherwise provided by law, the results of such test shall be
11kept strictly confidential by all medical personnel involved in
12the testing and must be personally delivered in a sealed
13envelope to the judge of the court in which the conviction was
14entered for the judge's inspection in camera. Acting in
15accordance with the best interests of the victim and the
16public, the judge shall have the discretion to determine to
17whom, if anyone, the results of the testing may be revealed.
18The court shall notify the defendant of the test results. The
19court shall also notify the victim if requested by the victim,
20and if the victim is under the age of 15 and if requested by the
21victim's parents or legal guardian, the court shall notify the
22victim's parents or legal guardian of the test results. The
23court shall provide information on the availability of HIV
24testing and counseling at Department of Public Health
25facilities to all parties to whom the results of the testing
26are revealed and shall direct the State's Attorney to provide

 

 

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1the information to the victim when possible. A State's Attorney
2may petition the court to obtain the results of any HIV test
3administered under this Section, and the court shall grant the
4disclosure if the State's Attorney shows it is relevant in
5order to prosecute a charge of criminal transmission of HIV
6under Section 12-5.01 or 12-16.2 of the Criminal Code of 1961
7against the defendant. The court shall order that the cost of
8any such test shall be paid by the county and may be taxed as
9costs against the convicted defendant.
10    (g-5) When an inmate is tested for an airborne communicable
11disease, as determined by the Illinois Department of Public
12Health including but not limited to tuberculosis, the results
13of the test shall be personally delivered by the warden or his
14or her designee in a sealed envelope to the judge of the court
15in which the inmate must appear for the judge's inspection in
16camera if requested by the judge. Acting in accordance with the
17best interests of those in the courtroom, the judge shall have
18the discretion to determine what if any precautions need to be
19taken to prevent transmission of the disease in the courtroom.
20    (h) Whenever a defendant is convicted of an offense under
21Section 1 or 2 of the Hypodermic Syringes and Needles Act, the
22defendant shall undergo medical testing to determine whether
23the defendant has been exposed to human immunodeficiency virus
24(HIV) or any other identified causative agent of acquired
25immunodeficiency syndrome (AIDS). Except as otherwise provided
26by law, the results of such test shall be kept strictly

 

 

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1confidential by all medical personnel involved in the testing
2and must be personally delivered in a sealed envelope to the
3judge of the court in which the conviction was entered for the
4judge's inspection in camera. Acting in accordance with the
5best interests of the public, the judge shall have the
6discretion to determine to whom, if anyone, the results of the
7testing may be revealed. The court shall notify the defendant
8of a positive test showing an infection with the human
9immunodeficiency virus (HIV). The court shall provide
10information on the availability of HIV testing and counseling
11at Department of Public Health facilities to all parties to
12whom the results of the testing are revealed and shall direct
13the State's Attorney to provide the information to the victim
14when possible. A State's Attorney may petition the court to
15obtain the results of any HIV test administered under this
16Section, and the court shall grant the disclosure if the
17State's Attorney shows it is relevant in order to prosecute a
18charge of criminal transmission of HIV under Section 12-5.01 or
1912-16.2 of the Criminal Code of 1961 against the defendant. The
20court shall order that the cost of any such test shall be paid
21by the county and may be taxed as costs against the convicted
22defendant.
23    (i) All fines and penalties imposed under this Section for
24any violation of Chapters 3, 4, 6, and 11 of the Illinois
25Vehicle Code, or a similar provision of a local ordinance, and
26any violation of the Child Passenger Protection Act, or a

 

 

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1similar provision of a local ordinance, shall be collected and
2disbursed by the circuit clerk as provided under Section 27.5
3of the Clerks of Courts Act.
4    (j) In cases when prosecution for any violation of Section
511-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-8, 11-9,
611-11, 11-14, 11-14.3, 11-14.4, 11-15, 11-15.1, 11-16, 11-17,
711-17.1, 11-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 11-20.1,
811-20.1B, 11-20.3, 11-21, 11-30, 11-40, 12-13, 12-14, 12-14.1,
912-15, or 12-16 of the Criminal Code of 1961, any violation of
10the Illinois Controlled Substances Act, any violation of the
11Cannabis Control Act, or any violation of the Methamphetamine
12Control and Community Protection Act results in conviction, a
13disposition of court supervision, or an order of probation
14granted under Section 10 of the Cannabis Control Act, Section
15410 of the Illinois Controlled Substance Act, or Section 70 of
16the Methamphetamine Control and Community Protection Act of a
17defendant, the court shall determine whether the defendant is
18employed by a facility or center as defined under the Child
19Care Act of 1969, a public or private elementary or secondary
20school, or otherwise works with children under 18 years of age
21on a daily basis. When a defendant is so employed, the court
22shall order the Clerk of the Court to send a copy of the
23judgment of conviction or order of supervision or probation to
24the defendant's employer by certified mail. If the employer of
25the defendant is a school, the Clerk of the Court shall direct
26the mailing of a copy of the judgment of conviction or order of

 

 

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

 

 

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1educational training shall not be deemed a wilful failure to
2comply. The Prisoner Review Board shall recommit the defendant
3whose mandatory supervised release term has been revoked under
4this subsection (j-5) as provided in Section 3-3-9. This
5subsection (j-5) does not apply to a defendant who has a high
6school diploma or has successfully passed the GED test. This
7subsection (j-5) does not apply to a defendant who is
8determined by the court to be developmentally disabled or
9otherwise mentally incapable of completing the educational or
10vocational program.
11    (k) (Blank).
12    (l) (A) Except as provided in paragraph (C) of subsection
13    (l), whenever a defendant, who is an alien as defined by
14    the Immigration and Nationality Act, is convicted of any
15    felony or misdemeanor offense, the court after sentencing
16    the defendant may, upon motion of the State's Attorney,
17    hold sentence in abeyance and remand the defendant to the
18    custody of the Attorney General of the United States or his
19    or her designated agent to be deported when:
20            (1) a final order of deportation has been issued
21        against the defendant pursuant to proceedings under
22        the Immigration and Nationality Act, and
23            (2) the deportation of the defendant would not
24        deprecate the seriousness of the defendant's conduct
25        and would not be inconsistent with the ends of justice.
26        Otherwise, the defendant shall be sentenced as

 

 

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1    provided in this Chapter V.
2        (B) If the defendant has already been sentenced for a
3    felony or misdemeanor offense, or has been placed on
4    probation under Section 10 of the Cannabis Control Act,
5    Section 410 of the Illinois Controlled Substances Act, or
6    Section 70 of the Methamphetamine Control and Community
7    Protection Act, the court may, upon motion of the State's
8    Attorney to suspend the sentence imposed, commit the
9    defendant to the custody of the Attorney General of the
10    United States or his or her designated agent when:
11            (1) a final order of deportation has been issued
12        against the defendant pursuant to proceedings under
13        the Immigration and Nationality Act, and
14            (2) the deportation of the defendant would not
15        deprecate the seriousness of the defendant's conduct
16        and would not be inconsistent with the ends of justice.
17        (C) This subsection (l) does not apply to offenders who
18    are subject to the provisions of paragraph (2) of
19    subsection (a) of Section 3-6-3.
20        (D) Upon motion of the State's Attorney, if a defendant
21    sentenced under this Section returns to the jurisdiction of
22    the United States, the defendant shall be recommitted to
23    the custody of the county from which he or she was
24    sentenced. Thereafter, the defendant shall be brought
25    before the sentencing court, which may impose any sentence
26    that was available under Section 5-5-3 at the time of

 

 

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1    initial sentencing. In addition, the defendant shall not be
2    eligible for additional sentence credit for good conduct as
3    provided under Section 3-6-3.
4    (m) A person convicted of criminal defacement of property
5under Section 21-1.3 of the Criminal Code of 1961, in which the
6property damage exceeds $300 and the property damaged is a
7school building, shall be ordered to perform community service
8that may include cleanup, removal, or painting over the
9defacement.
10    (n) The court may sentence a person convicted of a
11violation of Section 12-19, 12-21, 16-1.3, or 17-56, or
12subsection (a) or (b) of Section 12-4.4a, of the Criminal Code
13of 1961 (i) to an impact incarceration program if the person is
14otherwise eligible for that program under Section 5-8-1.1, (ii)
15to community service, or (iii) if the person is an addict or
16alcoholic, as defined in the Alcoholism and Other Drug Abuse
17and Dependency Act, to a substance or alcohol abuse program
18licensed under that Act.
19    (o) Whenever a person is convicted of a sex offense as
20defined in Section 2 of the Sex Offender Registration Act, the
21defendant's driver's license or permit shall be subject to
22renewal on an annual basis in accordance with the provisions of
23license renewal established by the Secretary of State.
24(Source: P.A. 96-348, eff. 8-12-09; 96-400, eff. 8-13-09;
2596-829, eff. 12-3-09; 96-1200, eff. 7-22-10; 96-1551, Article
261, Section 970, eff. 7-1-11; 96-1551, Article 2, Section 1065,

 

 

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1eff. 7-1-11; 96-1551, Article 10, Section 10-150, eff. 7-1-11;
297-159, eff. 7-21-11; 97-697, eff. 6-22-12; 97-917, eff.
38-9-12; 97-1108, eff. 1-1-13; 97-1109, eff. 1-1-13; revised
49-20-12.)