Illinois General Assembly - Full Text of SB1892
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Full Text of SB1892  102nd General Assembly

SB1892enr 102ND GENERAL ASSEMBLY

  
  
  

 


 
SB1892 EnrolledLRB102 10310 RLC 15637 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 Unified Code of Corrections is amended by
5changing Section 5-5-3 as follows:
 
6    (730 ILCS 5/5-5-3)
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 imprisonment
12or conditional discharge shall not be imposed for the
13following offenses. The court shall sentence the offender to
14not less than the minimum term of imprisonment set forth in
15this Code for the following offenses, and may order a fine or
16restitution or both in conjunction with such term of
17imprisonment:
18        (A) First degree murder where the death penalty is not
19    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)(1.5) of Section 401 of that Act which
2    relates to more than 5 grams of a substance containing
3    fentanyl or an analog thereof.
4        (D-5) A violation of subdivision (c)(1) of Section 401
5    of the Illinois Controlled Substances Act which relates to
6    3 or more grams of a substance containing heroin or an
7    analog thereof.
8        (E) (Blank).
9        (F) A Class 1 or greater felony if the offender had
10    been convicted of a Class 1 or greater felony, including
11    any state or federal conviction for an offense that
12    contained, at the time it was committed, the same elements
13    as an offense now (the date of the offense committed after
14    the prior Class 1 or greater felony) classified as a Class
15    1 or greater felony, within 10 years of the date on which
16    the offender committed the offense for which he or she is
17    being sentenced, except as otherwise provided in Section
18    40-10 of the Substance Use Disorder Act.
19        (F-3) A Class 2 or greater felony sex offense or
20    felony firearm offense if the offender had been convicted
21    of a Class 2 or greater felony, including any state or
22    federal conviction for an offense that contained, at the
23    time it was committed, the same elements as an offense now
24    (the date of the offense committed after the prior Class 2
25    or greater felony) classified as a Class 2 or greater
26    felony, within 10 years of the date on which the offender

 

 

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1    committed the offense for which he or she is being
2    sentenced, except as otherwise provided in Section 40-10
3    of the Substance Use Disorder Act.
4        (F-5) A violation of Section 24-1, 24-1.1, or 24-1.6
5    of the Criminal Code of 1961 or the Criminal Code of 2012
6    for which imprisonment is prescribed in those Sections.
7        (G) Residential burglary, except as otherwise provided
8    in Section 40-10 of the Substance Use Disorder Act.
9        (H) Criminal sexual assault.
10        (I) Aggravated battery of a senior citizen as
11    described in Section 12-4.6 or subdivision (a)(4) of
12    Section 12-3.05 of the Criminal Code of 1961 or the
13    Criminal Code of 2012.
14        (J) A forcible felony if the offense was related to
15    the activities of an organized gang.
16        Before July 1, 1994, for the purposes of this
17    paragraph, "organized gang" means an association of 5 or
18    more persons, with an established hierarchy, that
19    encourages members of the association to perpetrate crimes
20    or provides support to the members of the association who
21    do commit crimes.
22        Beginning July 1, 1994, for the purposes of this
23    paragraph, "organized gang" has the meaning ascribed to it
24    in Section 10 of the Illinois Streetgang Terrorism Omnibus
25    Prevention Act.
26        (K) Vehicular hijacking.

 

 

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1        (L) A second or subsequent conviction for the offense
2    of hate crime when the underlying offense upon which the
3    hate crime is based is felony aggravated assault or felony
4    mob action.
5        (M) A second or subsequent conviction for the offense
6    of institutional vandalism if the damage to the property
7    exceeds $300.
8        (N) A Class 3 felony violation of paragraph (1) of
9    subsection (a) of Section 2 of the Firearm Owners
10    Identification Card Act.
11        (O) A violation of Section 12-6.1 or 12-6.5 of the
12    Criminal Code of 1961 or the Criminal Code of 2012.
13        (P) A violation of paragraph (1), (2), (3), (4), (5),
14    or (7) of subsection (a) of Section 11-20.1 of the
15    Criminal Code of 1961 or the Criminal Code of 2012.
16        (P-5) A violation of paragraph (6) of subsection (a)
17    of Section 11-20.1 of the Criminal Code of 1961 or the
18    Criminal Code of 2012 if the victim is a household or
19    family member of the defendant.
20        (Q) A violation of subsection (b) or (b-5) of Section
21    20-1, Section 20-1.2, or Section 20-1.3 of the Criminal
22    Code of 1961 or the Criminal Code of 2012.
23        (R) A violation of Section 24-3A of the Criminal Code
24    of 1961 or the Criminal Code of 2012.
25        (S) (Blank).
26        (T) (Blank).

 

 

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1        (U) A second or subsequent violation of Section 6-303
2    of the Illinois Vehicle Code committed while his or her
3    driver's license, permit, or privilege was revoked because
4    of a violation of Section 9-3 of the Criminal Code of 1961
5    or the Criminal Code of 2012, relating to the offense of
6    reckless homicide, or a similar provision of a law of
7    another state.
8        (V) A violation of paragraph (4) of subsection (c) of
9    Section 11-20.1B or paragraph (4) of subsection (c) of
10    Section 11-20.3 of the Criminal Code of 1961, or paragraph
11    (6) of subsection (a) of Section 11-20.1 of the Criminal
12    Code of 2012 when the victim is under 13 years of age and
13    the defendant has previously been convicted under the laws
14    of this State or any other state of the offense of child
15    pornography, aggravated child pornography, aggravated
16    criminal sexual abuse, aggravated criminal sexual assault,
17    predatory criminal sexual assault of a child, or any of
18    the offenses formerly known as rape, deviate sexual
19    assault, indecent liberties with a child, or aggravated
20    indecent liberties with a child where the victim was under
21    the age of 18 years or an offense that is substantially
22    equivalent to those offenses.
23        (W) A violation of Section 24-3.5 of the Criminal Code
24    of 1961 or the Criminal Code of 2012.
25        (X) A violation of subsection (a) of Section 31-1a of
26    the Criminal Code of 1961 or the Criminal Code of 2012.

 

 

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1        (Y) A conviction for unlawful possession of a firearm
2    by a street gang member when the firearm was loaded or
3    contained firearm ammunition.
4        (Z) A Class 1 felony committed while he or she was
5    serving a term of probation or conditional discharge for a
6    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 a
10    value exceeding $500,000.
11        (CC) Knowingly selling, offering for sale, holding for
12    sale, or using 2,000 or more counterfeit items or
13    counterfeit items having a retail value in the aggregate
14    of $500,000 or more.
15        (DD) A conviction for aggravated assault under
16    paragraph (6) of subsection (c) of Section 12-2 of the
17    Criminal Code of 1961 or the Criminal Code of 2012 if the
18    firearm is aimed toward the person against whom the
19    firearm is being used.
20        (EE) A conviction for a violation of paragraph (2) of
21    subsection (a) of Section 24-3B of the Criminal Code of
22    2012.
23    (3) (Blank).
24    (4) A minimum term of imprisonment of not less than 10
25consecutive days or 30 days of community service shall be
26imposed for a violation of paragraph (c) of Section 6-303 of

 

 

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1the Illinois Vehicle Code.
2    (4.1) (Blank).
3    (4.2) Except as provided in paragraphs (4.3) and (4.8) of
4this subsection (c), a minimum of 100 hours of community
5service shall be imposed for a second violation of Section
66-303 of the Illinois Vehicle Code.
7    (4.3) A minimum term of imprisonment of 30 days or 300
8hours of community service, as determined by the court, shall
9be imposed for a second violation of subsection (c) of Section
106-303 of the Illinois Vehicle Code.
11    (4.4) Except as provided in paragraphs (4.5), (4.6), and
12(4.9) of this subsection (c), a minimum term of imprisonment
13of 30 days or 300 hours of community service, as determined by
14the court, shall be imposed for a third or subsequent
15violation of Section 6-303 of the Illinois Vehicle Code. The
16court may give credit toward the fulfillment of community
17service hours for participation in activities and treatment as
18determined by court services.
19    (4.5) A minimum term of imprisonment of 30 days shall be
20imposed for a third violation of subsection (c) of Section
216-303 of the Illinois Vehicle Code.
22    (4.6) Except as provided in paragraph (4.10) of this
23subsection (c), a minimum term of imprisonment of 180 days
24shall be imposed for a fourth or subsequent violation of
25subsection (c) of Section 6-303 of the Illinois Vehicle Code.
26    (4.7) A minimum term of imprisonment of not less than 30

 

 

SB1892 Enrolled- 8 -LRB102 10310 RLC 15637 b

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

 

 

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1        (B) a fine;
2        (C) make restitution to the victim under Section 5-5-6
3    of this Code.
4    (5.1) In addition to any other penalties imposed, and
5except as provided in paragraph (5.2) or (5.3), a person
6convicted of violating subsection (c) of Section 11-907 of the
7Illinois Vehicle Code shall have his or her driver's license,
8permit, or privileges suspended for at least 90 days but not
9more than one year, if the violation resulted in damage to the
10property of another person.
11    (5.2) In addition to any other penalties imposed, and
12except as provided in paragraph (5.3), a person convicted of
13violating subsection (c) of Section 11-907 of the Illinois
14Vehicle Code shall have his or her driver's license, permit,
15or privileges suspended for at least 180 days but not more than
162 years, if the violation resulted in injury to another
17person.
18    (5.3) In addition to any other penalties imposed, a person
19convicted of violating subsection (c) of Section 11-907 of the
20Illinois Vehicle Code shall have his or her driver's license,
21permit, or privileges suspended for 2 years, if the violation
22resulted in the death of another person.
23    (5.4) In addition to any other penalties imposed, a person
24convicted of violating Section 3-707 of the Illinois Vehicle
25Code shall have his or her driver's license, permit, or
26privileges suspended for 3 months and until he or she has paid

 

 

SB1892 Enrolled- 10 -LRB102 10310 RLC 15637 b

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

 

 

SB1892 Enrolled- 11 -LRB102 10310 RLC 15637 b

1official" means a person at an athletic contest who enforces
2the rules of the contest, such as an umpire or referee;
3"athletic facility" means an indoor or outdoor playing field
4or recreational area where sports activities are conducted;
5and "coach" means a person recognized as a coach by the
6sanctioning authority that conducted the sporting event.
7    (12) A person may not receive a disposition of court
8supervision for a violation of Section 5-16 of the Boat
9Registration and Safety Act if that person has previously
10received a disposition of court supervision for a violation of
11that Section.
12    (13) A person convicted of or placed on court supervision
13for an assault or aggravated assault when the victim and the
14offender are family or household members as defined in Section
15103 of the Illinois Domestic Violence Act of 1986 or convicted
16of domestic battery or aggravated domestic battery may be
17required to attend a Partner Abuse Intervention Program under
18protocols set forth by the Illinois Department of Human
19Services under such terms and conditions imposed by the court.
20The costs of such classes shall be paid by the offender.
21    (d) In any case in which a sentence originally imposed is
22vacated, the case shall be remanded to the trial court. The
23trial court shall hold a hearing under Section 5-4-1 of this
24Code which may include evidence of the defendant's life, moral
25character and occupation during the time since the original
26sentence was passed. The trial court shall then impose

 

 

SB1892 Enrolled- 12 -LRB102 10310 RLC 15637 b

1sentence upon the defendant. The trial court may impose any
2sentence which could have been imposed at the original trial
3subject to Section 5-5-4 of this Code. If a sentence is vacated
4on appeal or on collateral attack due to the failure of the
5trier of fact at trial to determine beyond a reasonable doubt
6the existence of a fact (other than a prior conviction)
7necessary to increase the punishment for the offense beyond
8the statutory maximum otherwise applicable, either the
9defendant may be re-sentenced to a term within the range
10otherwise provided or, if the State files notice of its
11intention to again seek the extended sentence, the defendant
12shall be afforded a new trial.
13    (e) In cases where prosecution for aggravated criminal
14sexual abuse under Section 11-1.60 or 12-16 of the Criminal
15Code of 1961 or the Criminal Code of 2012 results in conviction
16of a defendant who was a family member of the victim at the
17time of the commission of the offense, the court shall
18consider the safety and welfare of the victim and may impose a
19sentence of probation only where:
20        (1) the court finds (A) or (B) or both are
21    appropriate:
22            (A) the defendant is willing to undergo a court
23        approved counseling program for a minimum duration of
24        2 years; or
25            (B) the defendant is willing to participate in a
26        court approved plan including but not limited to the

 

 

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1        defendant's:
2                (i) removal from the household;
3                (ii) restricted contact with the victim;
4                (iii) continued financial support of the
5            family;
6                (iv) restitution for harm done to the victim;
7            and
8                (v) compliance with any other measures that
9            the court may deem appropriate; and
10        (2) the court orders the defendant to pay for the
11    victim's counseling services, to the extent that the court
12    finds, after considering the defendant's income and
13    assets, that the defendant is financially capable of
14    paying for such services, if the victim was under 18 years
15    of age at the time the offense was committed and requires
16    counseling as a result of the offense.
17    Probation may be revoked or modified pursuant to Section
185-6-4; except where the court determines at the hearing that
19the defendant violated a condition of his or her probation
20restricting contact with the victim or other family members or
21commits another offense with the victim or other family
22members, the court shall revoke the defendant's probation and
23impose a term of imprisonment.
24    For the purposes of this Section, "family member" and
25"victim" shall have the meanings ascribed to them in Section
2611-0.1 of the Criminal Code of 2012.

 

 

SB1892 Enrolled- 14 -LRB102 10310 RLC 15637 b

1    (f) (Blank).
2    (g) Whenever a defendant is convicted of an offense under
3Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-14,
411-14.3, 11-14.4 except for an offense that involves keeping a
5place of juvenile prostitution, 11-15, 11-15.1, 11-16, 11-17,
611-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 12-13, 12-14,
712-14.1, 12-15 or 12-16 of the Criminal Code of 1961 or the
8Criminal Code of 2012, the defendant shall undergo medical
9testing to determine whether the defendant has any sexually
10transmissible disease, including a test for infection with
11human immunodeficiency virus (HIV) or any other identified
12causative agent of acquired immunodeficiency syndrome (AIDS).
13Any such medical test shall be performed only by appropriately
14licensed medical practitioners and may include an analysis of
15any bodily fluids as well as an examination of the defendant's
16person. Except as otherwise provided by law, the results of
17such test shall be kept strictly confidential by all medical
18personnel involved in the testing and must be personally
19delivered in a sealed envelope to the judge of the court in
20which the conviction was entered for the judge's inspection in
21camera. Acting in accordance with the best interests of the
22victim and the public, the judge shall have the discretion to
23determine to whom, if anyone, the results of the testing may be
24revealed. The court shall notify the defendant of the test
25results. The court shall also notify the victim if requested
26by the victim, and if the victim is under the age of 15 and if

 

 

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1requested by the victim's parents or legal guardian, the court
2shall notify the victim's parents or legal guardian of the
3test results. The court shall provide information on the
4availability of HIV testing and counseling at Department of
5Public Health facilities to all parties to whom the results of
6the testing are revealed and shall direct the State's Attorney
7to provide the information to the victim when possible. A
8State's Attorney may petition the court to obtain the results
9of any HIV test administered under this Section, and the court
10shall grant the disclosure if the State's Attorney shows it is
11relevant in order to prosecute a charge of criminal
12transmission of HIV under Section 12-5.01 or 12-16.2 of the
13Criminal Code of 1961 or the Criminal Code of 2012 against the
14defendant. The court shall order that the cost of any such test
15shall be paid by the county and may be taxed as costs against
16the convicted defendant.
17    (g-5) When an inmate is tested for an airborne
18communicable disease, as determined by the Illinois Department
19of Public Health including but not limited to tuberculosis,
20the results of the test shall be personally delivered by the
21warden or his or her designee in a sealed envelope to the judge
22of the court in which the inmate must appear for the judge's
23inspection in camera if requested by the judge. Acting in
24accordance with the best interests of those in the courtroom,
25the judge shall have the discretion to determine what if any
26precautions need to be taken to prevent transmission of the

 

 

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1disease in the courtroom.
2    (h) Whenever a defendant is convicted of an offense under
3Section 1 or 2 of the Hypodermic Syringes and Needles Act, the
4defendant shall undergo medical testing to determine whether
5the defendant has been exposed to human immunodeficiency virus
6(HIV) or any other identified causative agent of acquired
7immunodeficiency syndrome (AIDS). Except as otherwise provided
8by law, the results of such test shall be kept strictly
9confidential by all medical personnel involved in the testing
10and must be personally delivered in a sealed envelope to the
11judge of the court in which the conviction was entered for the
12judge's inspection in camera. Acting in accordance with the
13best interests of the public, the judge shall have the
14discretion to determine to whom, if anyone, the results of the
15testing may be revealed. The court shall notify the defendant
16of a positive test showing an infection with the human
17immunodeficiency virus (HIV). The court shall provide
18information on the availability of HIV testing and counseling
19at Department of Public Health facilities to all parties to
20whom the results of the testing are revealed and shall direct
21the State's Attorney to provide the information to the victim
22when possible. A State's Attorney may petition the court to
23obtain the results of any HIV test administered under this
24Section, and the court shall grant the disclosure if the
25State's Attorney shows it is relevant in order to prosecute a
26charge of criminal transmission of HIV under Section 12-5.01

 

 

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1or 12-16.2 of the Criminal Code of 1961 or the Criminal Code of
22012 against the defendant. The court shall order that the
3cost of any such test shall be paid by the county and may be
4taxed as costs against the convicted defendant.
5    (i) All fines and penalties imposed under this Section for
6any violation of Chapters 3, 4, 6, and 11 of the Illinois
7Vehicle Code, or a similar provision of a local ordinance, and
8any violation of the Child Passenger Protection Act, or a
9similar provision of a local ordinance, shall be collected and
10disbursed by the circuit clerk as provided under the Criminal
11and Traffic Assessment Act.
12    (j) In cases when prosecution for any violation of Section
1311-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-8, 11-9,
1411-11, 11-14, 11-14.3, 11-14.4, 11-15, 11-15.1, 11-16, 11-17,
1511-17.1, 11-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 11-20.1,
1611-20.1B, 11-20.3, 11-21, 11-30, 11-40, 12-13, 12-14, 12-14.1,
1712-15, or 12-16 of the Criminal Code of 1961 or the Criminal
18Code of 2012, any violation of the Illinois Controlled
19Substances Act, any violation of the Cannabis Control Act, or
20any violation of the Methamphetamine Control and Community
21Protection Act results in conviction, a disposition of court
22supervision, or an order of probation granted under Section 10
23of the Cannabis Control Act, Section 410 of the Illinois
24Controlled Substances Act, or Section 70 of the
25Methamphetamine Control and Community Protection Act of a
26defendant, the court shall determine whether the defendant is

 

 

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

 

 

SB1892 Enrolled- 19 -LRB102 10310 RLC 15637 b

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

 

 

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

 

 

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1    (C) This subsection (l) does not apply to offenders who
2are subject to the provisions of paragraph (2) of subsection
3(a) of Section 3-6-3.
4    (D) Upon motion of the State's Attorney, if a defendant
5sentenced under this Section returns to the jurisdiction of
6the United States, the defendant shall be recommitted to the
7custody of the county from which he or she was sentenced.
8Thereafter, the defendant shall be brought before the
9sentencing court, which may impose any sentence that was
10available under Section 5-5-3 at the time of initial
11sentencing. In addition, the defendant shall not be eligible
12for additional earned sentence credit as provided under
13Section 3-6-3.
14    (m) A person convicted of criminal defacement of property
15under Section 21-1.3 of the Criminal Code of 1961 or the
16Criminal Code of 2012, in which the property damage exceeds
17$300 and the property damaged is a school building, shall be
18ordered to perform community service that may include cleanup,
19removal, or painting over the defacement.
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 or the Criminal Code of 2012 (i) to an impact
24incarceration program if the person is otherwise eligible for
25that program under Section 5-8-1.1, (ii) to community service,
26or (iii) if the person has a substance use disorder, as defined

 

 

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1in the Substance Use Disorder Act, to a treatment 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
7of license renewal established by the Secretary of State.
8(Source: P.A. 100-575, eff. 1-8-18; 100-759, eff. 1-1-19;
9100-987, eff. 7-1-19; 101-81, eff. 7-12-19.)