Illinois General Assembly - Full Text of SB0655
Illinois General Assembly

  Bills & Resolutions  
  Compiled Statutes  
  Public Acts  
  Legislative Reports  
  IL Constitution  
  Legislative Guide  
  Legislative Glossary  

 Search By Number
 (example: HB0001)
Search Tips

Search By Keyword

Full Text of SB0655  102nd General Assembly

SB0655 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB0655

 

Introduced 2/24/2021, by Sen. Robert Peters

 

SYNOPSIS AS INTRODUCED:
 
410 ILCS 305/9  from Ch. 111 1/2, par. 7309
410 ILCS 325/5.5  from Ch. 111 1/2, par. 7405.5
625 ILCS 5/6-106.1  from Ch. 95 1/2, par. 6-106.1
625 ILCS 5/6-508  from Ch. 95 1/2, par. 6-508
720 ILCS 5/11-9.1  from Ch. 38, par. 11-9.1
730 ILCS 5/5-5-3
720 ILCS 5/12-5.01 rep.

    Amends the Criminal Code of 2012. Repeals the statute creating the offense of criminal transmission of HIV. Makes conforming changes in the AIDS Confidentiality Act, the Illinois Sexually Transmissible Disease Control Act, the Illinois Vehicle Code, the Criminal Code of 2012, and the Unified Code of Corrections. Effective immediately.


LRB102 13854 KMF 19205 b

 

 

A BILL FOR

 

SB0655LRB102 13854 KMF 19205 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 AIDS Confidentiality Act is amended by
5changing Section 9 as follows:
 
6    (410 ILCS 305/9)  (from Ch. 111 1/2, par. 7309)
7    Sec. 9. (1) No person may disclose or be compelled to
8disclose HIV-related information, except to the following
9persons:
10        (a) The subject of an HIV test or the subject's
11    legally authorized representative. A physician may notify
12    the spouse or civil union partner of the test subject, if
13    the test result is positive and has been confirmed
14    pursuant to rules adopted by the Department, provided that
15    the physician has first sought unsuccessfully to persuade
16    the patient to notify the spouse or civil union partner or
17    that, a reasonable time after the patient has agreed to
18    make the notification, the physician has reason to believe
19    that the patient has not provided the notification. This
20    paragraph shall not create a duty or obligation under
21    which a physician must notify the spouse or civil union
22    partner of the test results, nor shall such duty or
23    obligation be implied. No civil liability or criminal

 

 

SB0655- 2 -LRB102 13854 KMF 19205 b

1    sanction under this Act shall be imposed for any
2    disclosure or non-disclosure of a test result to a spouse
3    or civil union partner by a physician acting in good faith
4    under this paragraph. For the purpose of any proceedings,
5    civil or criminal, the good faith of any physician acting
6    under this paragraph shall be presumed.
7        (b) Any person designated in a legally effective
8    authorization for release of the HIV-related information
9    executed by the subject of the HIV-related information or
10    the subject's legally authorized representative.
11        (c) An authorized agent or employee of a health
12    facility or health care provider if the health facility or
13    health care provider itself is authorized to obtain the
14    test results, the agent or employee provides patient care
15    or handles or processes specimens of body fluids or
16    tissues, and the agent or employee has a need to know such
17    information.
18        (d) The Department and local health authorities
19    serving a population of over 1,000,000 residents or other
20    local health authorities as designated by the Department,
21    in accordance with rules for reporting, preventing, and
22    controlling the spread of disease and the conduct of
23    public health surveillance, public health investigations,
24    and public health interventions, as otherwise provided by
25    State law. The Department, local health authorities, and
26    authorized representatives shall not disclose HIV test

 

 

SB0655- 3 -LRB102 13854 KMF 19205 b

1    results and HIV-related information, publicly or in any
2    action of any kind in any court or before any tribunal,
3    board, or agency. HIV test results and HIV-related
4    information shall be protected from disclosure in
5    accordance with the provisions of Sections 8-2101 through
6    8-2105 of the Code of Civil Procedure.
7        (e) A health facility, health care provider, or health
8    care professional which procures, processes, distributes
9    or uses: (i) a human body part from a deceased person with
10    respect to medical information regarding that person; or
11    (ii) semen provided prior to the effective date of this
12    Act for the purpose of artificial insemination.
13        (f) Health facility staff committees for the purposes
14    of conducting program monitoring, program evaluation or
15    service reviews.
16        (f-5) (Blank). A court in accordance with the
17    provisions of Section 12-5.01 of the Criminal Code of
18    2012.
19        (g) (Blank).
20        (h) Any health care provider, health care
21    professional, or employee of a health facility, and any
22    firefighter or EMR, EMT, A-EMT, paramedic, PHRN, or EMT-I,
23    involved in an accidental direct skin or mucous membrane
24    contact with the blood or bodily fluids of an individual
25    which is of a nature that may transmit HIV, as determined
26    by a physician in his medical judgment.

 

 

SB0655- 4 -LRB102 13854 KMF 19205 b

1        (i) Any law enforcement officer, as defined in
2    subsection (c) of Section 7, involved in the line of duty
3    in a direct skin or mucous membrane contact with the blood
4    or bodily fluids of an individual which is of a nature that
5    may transmit HIV, as determined by a physician in his
6    medical judgment.
7        (j) A temporary caretaker of a child taken into
8    temporary protective custody by the Department of Children
9    and Family Services pursuant to Section 5 of the Abused
10    and Neglected Child Reporting Act, as now or hereafter
11    amended.
12        (k) In the case of a minor under 18 years of age whose
13    test result is positive and has been confirmed pursuant to
14    rules adopted by the Department, the health care
15    professional who ordered the test shall make a reasonable
16    effort to notify the minor's parent or legal guardian if,
17    in the professional judgment of the health care
18    professional, notification would be in the best interest
19    of the child and the health care professional has first
20    sought unsuccessfully to persuade the minor to notify the
21    parent or legal guardian or a reasonable time after the
22    minor has agreed to notify the parent or legal guardian,
23    the health care professional has reason to believe that
24    the minor has not made the notification. This subsection
25    shall not create a duty or obligation under which a health
26    care professional must notify the minor's parent or legal

 

 

SB0655- 5 -LRB102 13854 KMF 19205 b

1    guardian of the test results, nor shall a duty or
2    obligation be implied. No civil liability or criminal
3    sanction under this Act shall be imposed for any
4    notification or non-notification of a minor's test result
5    by a health care professional acting in good faith under
6    this subsection. For the purpose of any proceeding, civil
7    or criminal, the good faith of any health care
8    professional acting under this subsection shall be
9    presumed.
10    (2) All information and records held by a State agency,
11local health authority, or health oversight agency pertaining
12to HIV-related information shall be strictly confidential and
13exempt from copying and inspection under the Freedom of
14Information Act. The information and records shall not be
15released or made public by the State agency, local health
16authority, or health oversight agency, shall not be admissible
17as evidence nor discoverable in any action of any kind in any
18court or before any tribunal, board, agency, or person, and
19shall be treated in the same manner as the information and
20those records subject to the provisions of Part 21 of Article
21VIII of the Code of Civil Procedure, except under the
22following circumstances:
23        (A) when made with the written consent of all persons
24    to whom the information pertains; or
25        (B) when authorized by Section 5-4-3 of the Unified
26    Code of Corrections.

 

 

SB0655- 6 -LRB102 13854 KMF 19205 b

1    Disclosure shall be limited to those who have a need to
2know the information, and no additional disclosures may be
3made.
4(Source: P.A. 98-973, eff. 8-15-14; 98-1046, eff. 1-1-15;
599-54, eff. 1-1-16; 99-78, eff. 7-20-15.)
 
6    Section 10. The Illinois Sexually Transmissible Disease
7Control Act is amended by changing Section 5.5 as follows:
 
8    (410 ILCS 325/5.5)  (from Ch. 111 1/2, par. 7405.5)
9    Sec. 5.5. Risk assessment.
10    (a) Whenever the Department receives a report of HIV
11infection or AIDS pursuant to this Act and the Department
12determines that the subject of the report may present or may
13have presented a possible risk of HIV transmission, the
14Department shall, when medically appropriate, investigate the
15subject of the report and that person's contacts as defined in
16subsection (c), to assess the potential risks of transmission.
17Any investigation and action shall be conducted in a timely
18fashion. All contacts other than those defined in subsection
19(c) shall be investigated in accordance with Section 5 of this
20Act.
21    (b) If the Department determines that there is or may have
22been potential risks of HIV transmission from the subject of
23the report to other persons, the Department shall afford the
24subject the opportunity to submit any information and comment

 

 

SB0655- 7 -LRB102 13854 KMF 19205 b

1on proposed actions the Department intends to take with
2respect to the subject's contacts who are at potential risk of
3transmission of HIV prior to notification of the subject's
4contacts. The Department shall also afford the subject of the
5report the opportunity to notify the subject's contacts in a
6timely fashion who are at potential risk of transmission of
7HIV prior to the Department taking any steps to notify such
8contacts. If the subject declines to notify such contacts or
9if the Department determines the notices to be inadequate or
10incomplete, the Department shall endeavor to notify such other
11persons of the potential risk, and offer testing and
12counseling services to these individuals. When the contacts
13are notified, they shall be informed of the disclosure
14provisions of the AIDS Confidentiality Act and the penalties
15therein and this Section.
16    (c) Contacts investigated under this Section shall in the
17case of HIV infection include (i) individuals who have
18undergone invasive procedures performed by an HIV infected
19health care provider and (ii) health care providers who have
20performed invasive procedures for persons infected with HIV,
21provided the Department has determined that there is or may
22have been potential risk of HIV transmission from the health
23care provider to those individuals or from infected persons to
24health care providers. The Department shall have access to the
25subject's records to review for the identity of contacts. The
26subject's records shall not be copied or seized by the

 

 

SB0655- 8 -LRB102 13854 KMF 19205 b

1Department.
2    For purposes of this subsection, the term "invasive
3procedures" means those procedures termed invasive by the
4Centers for Disease Control in current guidelines or
5recommendations for the prevention of HIV transmission in
6health care settings, and the term "health care provider"
7means any physician, dentist, podiatric physician, advanced
8practice registered nurse, physician assistant, nurse, or
9other person providing health care services of any kind.
10    (d) All information and records held by the Department and
11local health authorities pertaining to activities conducted
12pursuant to this Section shall be strictly confidential and
13exempt from copying and inspection under the Freedom of
14Information Act. Such information and records shall not be
15released or made public by the Department or local health
16authorities, and shall not be admissible as evidence, nor
17discoverable in any action of any kind in any court or before
18any tribunal, board, agency or person and shall be treated in
19the same manner as the information and those records subject
20to the provisions of Part 21 of Article VIII of the Code of
21Civil Procedure except under the following circumstances:
22        (1) When made with the written consent of all persons
23    to whom this information pertains;
24        (2) (Blank) When authorized under Section 8 to be
25    released under court order or subpoena pursuant to Section
26    12-5.01 or 12-16.2 of the Criminal Code of 1961 or the

 

 

SB0655- 9 -LRB102 13854 KMF 19205 b

1    Criminal Code of 2012; or
2        (3) When made by the Department for the purpose of
3    seeking a warrant authorized by Sections 6 and 7 of this
4    Act. Such disclosure shall conform to the requirements of
5    subsection (a) of Section 8 of this Act.
6    (e) Any person who knowingly or maliciously disseminates
7any information or report concerning the existence of any
8disease under this Section is guilty of a Class A misdemeanor.
9(Source: P.A. 99-642, eff. 7-28-16; 100-513, eff. 1-1-18.)
 
10    Section 15. The Illinois Vehicle Code is amended by
11changing Sections 6-106.1 and 6-508 as follows:
 
12    (625 ILCS 5/6-106.1)  (from Ch. 95 1/2, par. 6-106.1)
13    Sec. 6-106.1. School bus driver permit.
14    (a) The Secretary of State shall issue a school bus driver
15permit to those applicants who have met all the requirements
16of the application and screening process under this Section to
17insure the welfare and safety of children who are transported
18on school buses throughout the State of Illinois. Applicants
19shall obtain the proper application required by the Secretary
20of State from their prospective or current employer and submit
21the completed application to the prospective or current
22employer along with the necessary fingerprint submission as
23required by the Department of State Police to conduct
24fingerprint based criminal background checks on current and

 

 

SB0655- 10 -LRB102 13854 KMF 19205 b

1future information available in the state system and current
2information available through the Federal Bureau of
3Investigation's system. Applicants who have completed the
4fingerprinting requirements shall not be subjected to the
5fingerprinting process when applying for subsequent permits or
6submitting proof of successful completion of the annual
7refresher course. Individuals who on July 1, 1995 (the
8effective date of Public Act 88-612) possess a valid school
9bus driver permit that has been previously issued by the
10appropriate Regional School Superintendent are not subject to
11the fingerprinting provisions of this Section as long as the
12permit remains valid and does not lapse. The applicant shall
13be required to pay all related application and fingerprinting
14fees as established by rule including, but not limited to, the
15amounts established by the Department of State Police and the
16Federal Bureau of Investigation to process fingerprint based
17criminal background investigations. All fees paid for
18fingerprint processing services under this Section shall be
19deposited into the State Police Services Fund for the cost
20incurred in processing the fingerprint based criminal
21background investigations. All other fees paid under this
22Section shall be deposited into the Road Fund for the purpose
23of defraying the costs of the Secretary of State in
24administering this Section. All applicants must:
25        1. be 21 years of age or older;
26        2. possess a valid and properly classified driver's

 

 

SB0655- 11 -LRB102 13854 KMF 19205 b

1    license issued by the Secretary of State;
2        3. possess a valid driver's license, which has not
3    been revoked, suspended, or canceled for 3 years
4    immediately prior to the date of application, or have not
5    had his or her commercial motor vehicle driving privileges
6    disqualified within the 3 years immediately prior to the
7    date of application;
8        4. successfully pass a written test, administered by
9    the Secretary of State, on school bus operation, school
10    bus safety, and special traffic laws relating to school
11    buses and submit to a review of the applicant's driving
12    habits by the Secretary of State at the time the written
13    test is given;
14        5. demonstrate ability to exercise reasonable care in
15    the operation of school buses in accordance with rules
16    promulgated by the Secretary of State;
17        6. demonstrate physical fitness to operate school
18    buses by submitting the results of a medical examination,
19    including tests for drug use for each applicant not
20    subject to such testing pursuant to federal law, conducted
21    by a licensed physician, a licensed advanced practice
22    registered nurse, or a licensed physician assistant within
23    90 days of the date of application according to standards
24    promulgated by the Secretary of State;
25        7. affirm under penalties of perjury that he or she
26    has not made a false statement or knowingly concealed a

 

 

SB0655- 12 -LRB102 13854 KMF 19205 b

1    material fact in any application for permit;
2        8. have completed an initial classroom course,
3    including first aid procedures, in school bus driver
4    safety as promulgated by the Secretary of State; and after
5    satisfactory completion of said initial course an annual
6    refresher course; such courses and the agency or
7    organization conducting such courses shall be approved by
8    the Secretary of State; failure to complete the annual
9    refresher course, shall result in cancellation of the
10    permit until such course is completed;
11        9. not have been under an order of court supervision
12    for or convicted of 2 or more serious traffic offenses, as
13    defined by rule, within one year prior to the date of
14    application that may endanger the life or safety of any of
15    the driver's passengers within the duration of the permit
16    period;
17        10. not have been under an order of court supervision
18    for or convicted of reckless driving, aggravated reckless
19    driving, driving while under the influence of alcohol,
20    other drug or drugs, intoxicating compound or compounds or
21    any combination thereof, or reckless homicide resulting
22    from the operation of a motor vehicle within 3 years of the
23    date of application;
24        11. not have been convicted of committing or
25    attempting to commit any one or more of the following
26    offenses: (i) those offenses defined in Sections 8-1,

 

 

SB0655- 13 -LRB102 13854 KMF 19205 b

1    8-1.2, 9-1, 9-1.2, 9-2, 9-2.1, 9-3, 9-3.2, 9-3.3, 10-1,
2    10-2, 10-3.1, 10-4, 10-5, 10-5.1, 10-6, 10-7, 10-9,
3    11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-6.5,
4    11-6.6, 11-9, 11-9.1, 11-9.1A, 11-9.3, 11-9.4, 11-9.4-1,
5    11-14, 11-14.1, 11-14.3, 11-14.4, 11-15, 11-15.1, 11-16,
6    11-17, 11-17.1, 11-18, 11-18.1, 11-19, 11-19.1, 11-19.2,
7    11-20, 11-20.1, 11-20.1B, 11-20.3, 11-21, 11-22, 11-23,
8    11-24, 11-25, 11-26, 11-30, 12-2.6, 12-3.05, 12-3.1, 12-4,
9    12-4.1, 12-4.2, 12-4.2-5, 12-4.3, 12-4.4, 12-4.5, 12-4.6,
10    12-4.7, 12-4.9, 12-5.01, 12-5.3, 12-6, 12-6.2, 12-7.1,
11    12-7.3, 12-7.4, 12-7.5, 12-11, 12-13, 12-14, 12-14.1,
12    12-15, 12-16, 12-16.2, 12-21.5, 12-21.6, 12-33, 12C-5,
13    12C-10, 12C-20, 12C-30, 12C-45, 16-16, 16-16.1, 18-1,
14    18-2, 18-3, 18-4, 18-5, 19-6, 20-1, 20-1.1, 20-1.2,
15    20-1.3, 20-2, 24-1, 24-1.1, 24-1.2, 24-1.2-5, 24-1.6,
16    24-1.7, 24-2.1, 24-3.3, 24-3.5, 24-3.8, 24-3.9, 31A-1.1,
17    33A-2, and 33D-1, in subsection (A), clauses (a) and (b),
18    of Section 24-3, and those offenses contained in Article
19    29D of the Criminal Code of 1961 or the Criminal Code of
20    2012; (ii) those offenses defined in the Cannabis Control
21    Act except those offenses defined in subsections (a) and
22    (b) of Section 4, and subsection (a) of Section 5 of the
23    Cannabis Control Act; (iii) those offenses defined in the
24    Illinois Controlled Substances Act; (iv) those offenses
25    defined in the Methamphetamine Control and Community
26    Protection Act; and (v) any offense committed or attempted

 

 

SB0655- 14 -LRB102 13854 KMF 19205 b

1    in any other state or against the laws of the United
2    States, which if committed or attempted in this State
3    would be punishable as one or more of the foregoing
4    offenses; (vi) the offenses defined in Section 4.1 and 5.1
5    of the Wrongs to Children Act or Section 11-9.1A of the
6    Criminal Code of 1961 or the Criminal Code of 2012; (vii)
7    those offenses defined in Section 6-16 of the Liquor
8    Control Act of 1934; and (viii) those offenses defined in
9    the Methamphetamine Precursor Control Act;
10        12. not have been repeatedly involved as a driver in
11    motor vehicle collisions or been repeatedly convicted of
12    offenses against laws and ordinances regulating the
13    movement of traffic, to a degree which indicates lack of
14    ability to exercise ordinary and reasonable care in the
15    safe operation of a motor vehicle or disrespect for the
16    traffic laws and the safety of other persons upon the
17    highway;
18        13. not have, through the unlawful operation of a
19    motor vehicle, caused an accident resulting in the death
20    of any person;
21        14. not have, within the last 5 years, been adjudged
22    to be afflicted with or suffering from any mental
23    disability or disease;
24        15. consent, in writing, to the release of results of
25    reasonable suspicion drug and alcohol testing under
26    Section 6-106.1c of this Code by the employer of the

 

 

SB0655- 15 -LRB102 13854 KMF 19205 b

1    applicant to the Secretary of State; and
2        16. not have been convicted of committing or
3    attempting to commit within the last 20 years: (i) an
4    offense defined in subsection (c) of Section 4, subsection
5    (b) of Section 5, and subsection (a) of Section 8 of the
6    Cannabis Control Act; or (ii) any offenses in any other
7    state or against the laws of the United States that, if
8    committed or attempted in this State, would be punishable
9    as one or more of the foregoing offenses.
10    (b) A school bus driver permit shall be valid for a period
11specified by the Secretary of State as set forth by rule. It
12shall be renewable upon compliance with subsection (a) of this
13Section.
14    (c) A school bus driver permit shall contain the holder's
15driver's license number, legal name, residence address, zip
16code, and date of birth, a brief description of the holder and
17a space for signature. The Secretary of State may require a
18suitable photograph of the holder.
19    (d) The employer shall be responsible for conducting a
20pre-employment interview with prospective school bus driver
21candidates, distributing school bus driver applications and
22medical forms to be completed by the applicant, and submitting
23the applicant's fingerprint cards to the Department of State
24Police that are required for the criminal background
25investigations. The employer shall certify in writing to the
26Secretary of State that all pre-employment conditions have

 

 

SB0655- 16 -LRB102 13854 KMF 19205 b

1been successfully completed including the successful
2completion of an Illinois specific criminal background
3investigation through the Department of State Police and the
4submission of necessary fingerprints to the Federal Bureau of
5Investigation for criminal history information available
6through the Federal Bureau of Investigation system. The
7applicant shall present the certification to the Secretary of
8State at the time of submitting the school bus driver permit
9application.
10    (e) Permits shall initially be provisional upon receiving
11certification from the employer that all pre-employment
12conditions have been successfully completed, and upon
13successful completion of all training and examination
14requirements for the classification of the vehicle to be
15operated, the Secretary of State shall provisionally issue a
16School Bus Driver Permit. The permit shall remain in a
17provisional status pending the completion of the Federal
18Bureau of Investigation's criminal background investigation
19based upon fingerprinting specimens submitted to the Federal
20Bureau of Investigation by the Department of State Police. The
21Federal Bureau of Investigation shall report the findings
22directly to the Secretary of State. The Secretary of State
23shall remove the bus driver permit from provisional status
24upon the applicant's successful completion of the Federal
25Bureau of Investigation's criminal background investigation.
26    (f) A school bus driver permit holder shall notify the

 

 

SB0655- 17 -LRB102 13854 KMF 19205 b

1employer and the Secretary of State if he or she is issued an
2order of court supervision for or convicted in another state
3of an offense that would make him or her ineligible for a
4permit under subsection (a) of this Section. The written
5notification shall be made within 5 days of the entry of the
6order of court supervision or conviction. Failure of the
7permit holder to provide the notification is punishable as a
8petty offense for a first violation and a Class B misdemeanor
9for a second or subsequent violation.
10    (g) Cancellation; suspension; notice and procedure.
11        (1) The Secretary of State shall cancel a school bus
12    driver permit of an applicant whose criminal background
13    investigation discloses that he or she is not in
14    compliance with the provisions of subsection (a) of this
15    Section.
16        (2) The Secretary of State shall cancel a school bus
17    driver permit when he or she receives notice that the
18    permit holder fails to comply with any provision of this
19    Section or any rule promulgated for the administration of
20    this Section.
21        (3) The Secretary of State shall cancel a school bus
22    driver permit if the permit holder's restricted commercial
23    or commercial driving privileges are withdrawn or
24    otherwise invalidated.
25        (4) The Secretary of State may not issue a school bus
26    driver permit for a period of 3 years to an applicant who

 

 

SB0655- 18 -LRB102 13854 KMF 19205 b

1    fails to obtain a negative result on a drug test as
2    required in item 6 of subsection (a) of this Section or
3    under federal law.
4        (5) The Secretary of State shall forthwith suspend a
5    school bus driver permit for a period of 3 years upon
6    receiving notice that the holder has failed to obtain a
7    negative result on a drug test as required in item 6 of
8    subsection (a) of this Section or under federal law.
9        (6) The Secretary of State shall suspend a school bus
10    driver permit for a period of 3 years upon receiving
11    notice from the employer that the holder failed to perform
12    the inspection procedure set forth in subsection (a) or
13    (b) of Section 12-816 of this Code.
14        (7) The Secretary of State shall suspend a school bus
15    driver permit for a period of 3 years upon receiving
16    notice from the employer that the holder refused to submit
17    to an alcohol or drug test as required by Section 6-106.1c
18    or has submitted to a test required by that Section which
19    disclosed an alcohol concentration of more than 0.00 or
20    disclosed a positive result on a National Institute on
21    Drug Abuse five-drug panel, utilizing federal standards
22    set forth in 49 CFR 40.87.
23    The Secretary of State shall notify the State
24Superintendent of Education and the permit holder's
25prospective or current employer that the applicant has (1) has
26failed a criminal background investigation or (2) is no longer

 

 

SB0655- 19 -LRB102 13854 KMF 19205 b

1eligible for a school bus driver permit; and of the related
2cancellation of the applicant's provisional school bus driver
3permit. The cancellation shall remain in effect pending the
4outcome of a hearing pursuant to Section 2-118 of this Code.
5The scope of the hearing shall be limited to the issuance
6criteria contained in subsection (a) of this Section. A
7petition requesting a hearing shall be submitted to the
8Secretary of State and shall contain the reason the individual
9feels he or she is entitled to a school bus driver permit. The
10permit holder's employer shall notify in writing to the
11Secretary of State that the employer has certified the removal
12of the offending school bus driver from service prior to the
13start of that school bus driver's next workshift. An employing
14school board that fails to remove the offending school bus
15driver from service is subject to the penalties defined in
16Section 3-14.23 of the School Code. A school bus contractor
17who violates a provision of this Section is subject to the
18penalties defined in Section 6-106.11.
19    All valid school bus driver permits issued under this
20Section prior to January 1, 1995, shall remain effective until
21their expiration date unless otherwise invalidated.
22    (h) When a school bus driver permit holder who is a service
23member is called to active duty, the employer of the permit
24holder shall notify the Secretary of State, within 30 days of
25notification from the permit holder, that the permit holder
26has been called to active duty. Upon notification pursuant to

 

 

SB0655- 20 -LRB102 13854 KMF 19205 b

1this subsection, (i) the Secretary of State shall characterize
2the permit as inactive until a permit holder renews the permit
3as provided in subsection (i) of this Section, and (ii) if a
4permit holder fails to comply with the requirements of this
5Section while called to active duty, the Secretary of State
6shall not characterize the permit as invalid.
7    (i) A school bus driver permit holder who is a service
8member returning from active duty must, within 90 days, renew
9a permit characterized as inactive pursuant to subsection (h)
10of this Section by complying with the renewal requirements of
11subsection (b) of this Section.
12    (j) For purposes of subsections (h) and (i) of this
13Section:
14    "Active duty" means active duty pursuant to an executive
15order of the President of the United States, an act of the
16Congress of the United States, or an order of the Governor.
17    "Service member" means a member of the Armed Services or
18reserve forces of the United States or a member of the Illinois
19National Guard.
20    (k) A private carrier employer of a school bus driver
21permit holder, having satisfied the employer requirements of
22this Section, shall be held to a standard of ordinary care for
23intentional acts committed in the course of employment by the
24bus driver permit holder. This subsection (k) shall in no way
25limit the liability of the private carrier employer for
26violation of any provision of this Section or for the

 

 

SB0655- 21 -LRB102 13854 KMF 19205 b

1negligent hiring or retention of a school bus driver permit
2holder.
3(Source: P.A. 100-513, eff. 1-1-18; 101-458, eff. 1-1-20.)
 
4    (625 ILCS 5/6-508)  (from Ch. 95 1/2, par. 6-508)
5    Sec. 6-508. Commercial Driver's License (CDL) -
6qualification standards.
7    (a) Testing.
8        (1) General. No person shall be issued an original or
9    renewal CDL unless that person is domiciled in this State
10    or is applying for a non-domiciled CDL under Sections
11    6-509 and 6-510 of this Code. The Secretary shall cause to
12    be administered such tests as the Secretary deems
13    necessary to meet the requirements of 49 C.F.R. Part 383,
14    subparts F, G, H, and J.
15        (1.5) Effective July 1, 2014, no person shall be
16    issued an original CDL or an upgraded CDL that requires a
17    skills test unless that person has held a CLP, for a
18    minimum of 14 calendar days, for the classification of
19    vehicle and endorsement, if any, for which the person is
20    seeking a CDL.
21        (2) Third party testing. The Secretary of State may
22    authorize a "third party tester", pursuant to 49 C.F.R.
23    383.75 and 49 C.F.R. 384.228 and 384.229, to administer
24    the skills test or tests specified by the Federal Motor
25    Carrier Safety Administration pursuant to the Commercial

 

 

SB0655- 22 -LRB102 13854 KMF 19205 b

1    Motor Vehicle Safety Act of 1986 and any appropriate
2    federal rule.
3        (3)(i) Effective February 7, 2020, unless the person
4    is exempted by 49 CFR 380.603, no person shall be issued an
5    original (first time issuance) CDL, an upgraded CDL or a
6    school bus (S), passenger (P), or hazardous Materials (H)
7    endorsement unless the person has successfully completed
8    entry-level driver training (ELDT) taught by a training
9    provider listed on the federal Training Provider Registry.
10        (ii) Persons who obtain a CLP before February 7, 2020
11    are not required to complete ELDT if the person obtains a
12    CDL before the CLP or renewed CLP expires.
13        (iii) Except for persons seeking the H endorsement,
14    persons must complete the theory and behind-the-wheel
15    (range and public road) portions of ELDT within one year
16    of completing the first portion.
17        (iv) The Secretary shall adopt rules to implement this
18    subsection.
19    (b) Waiver of Skills Test. The Secretary of State may
20waive the skills test specified in this Section for a driver
21applicant for a commercial driver license who meets the
22requirements of 49 C.F.R. 383.77. The Secretary of State shall
23waive the skills tests specified in this Section for a driver
24applicant who has military commercial motor vehicle
25experience, subject to the requirements of 49 C.F.R. 383.77.
26    (b-1) No person shall be issued a CDL unless the person

 

 

SB0655- 23 -LRB102 13854 KMF 19205 b

1certifies to the Secretary one of the following types of
2driving operations in which he or she will be engaged:
3        (1) non-excepted interstate;
4        (2) non-excepted intrastate;
5        (3) excepted interstate; or
6        (4) excepted intrastate.
7    (b-2) (Blank).
8    (c) Limitations on issuance of a CDL. A CDL shall not be
9issued to a person while the person is subject to a
10disqualification from driving a commercial motor vehicle, or
11unless otherwise permitted by this Code, while the person's
12driver's license is suspended, revoked or cancelled in any
13state, or any territory or province of Canada; nor may a CLP or
14CDL be issued to a person who has a CLP or CDL issued by any
15other state, or foreign jurisdiction, nor may a CDL be issued
16to a person who has an Illinois CLP unless the person first
17surrenders all of these licenses or permits. However, a person
18may hold an Illinois CLP and an Illinois CDL providing the CLP
19is necessary to train or practice for an endorsement or
20vehicle classification not present on the current CDL. No CDL
21shall be issued to or renewed for a person who does not meet
22the requirement of 49 CFR 391.41(b)(11). The requirement may
23be met with the aid of a hearing aid.
24    (c-1) The Secretary may issue a CDL with a school bus
25driver endorsement to allow a person to drive the type of bus
26described in subsection (d-5) of Section 6-104 of this Code.

 

 

SB0655- 24 -LRB102 13854 KMF 19205 b

1The CDL with a school bus driver endorsement may be issued only
2to a person meeting the following requirements:
3        (1) the person has submitted his or her fingerprints
4    to the Department of State Police in the form and manner
5    prescribed by the Department of State Police. These
6    fingerprints shall be checked against the fingerprint
7    records now and hereafter filed in the Department of State
8    Police and Federal Bureau of Investigation criminal
9    history records databases;
10        (2) the person has passed a written test, administered
11    by the Secretary of State, on charter bus operation,
12    charter bus safety, and certain special traffic laws
13    relating to school buses determined by the Secretary of
14    State to be relevant to charter buses, and submitted to a
15    review of the driver applicant's driving habits by the
16    Secretary of State at the time the written test is given;
17        (3) the person has demonstrated physical fitness to
18    operate school buses by submitting the results of a
19    medical examination, including tests for drug use; and
20        (4) the person has not been convicted of committing or
21    attempting to commit any one or more of the following
22    offenses: (i) those offenses defined in Sections 8-1.2,
23    9-1, 9-1.2, 9-2, 9-2.1, 9-3, 9-3.2, 9-3.3, 10-1, 10-2,
24    10-3.1, 10-4, 10-5, 10-5.1, 10-6, 10-7, 10-9, 11-1.20,
25    11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-6.5, 11-6.6,
26    11-9, 11-9.1, 11-9.3, 11-9.4, 11-14, 11-14.1, 11-14.3,

 

 

SB0655- 25 -LRB102 13854 KMF 19205 b

1    11-14.4, 11-15, 11-15.1, 11-16, 11-17, 11-17.1, 11-18,
2    11-18.1, 11-19, 11-19.1, 11-19.2, 11-20, 11-20.1,
3    11-20.1B, 11-20.3, 11-21, 11-22, 11-23, 11-24, 11-25,
4    11-26, 11-30, 12-2.6, 12-3.1, 12-4, 12-4.1, 12-4.2,
5    12-4.2-5, 12-4.3, 12-4.4, 12-4.5, 12-4.6, 12-4.7, 12-4.9,
6    12-5.01, 12-6, 12-6.2, 12-7.1, 12-7.3, 12-7.4, 12-7.5,
7    12-11, 12-13, 12-14, 12-14.1, 12-15, 12-16, 12-16.2,
8    12-21.5, 12-21.6, 12-33, 12C-5, 12C-10, 12C-20, 12C-30,
9    12C-45, 16-16, 16-16.1, 18-1, 18-2, 18-3, 18-4, 18-5,
10    19-6, 20-1, 20-1.1, 20-1.2, 20-1.3, 20-2, 24-1, 24-1.1,
11    24-1.2, 24-1.2-5, 24-1.6, 24-1.7, 24-2.1, 24-3.3, 24-3.5,
12    24-3.8, 24-3.9, 31A-1, 31A-1.1, 33A-2, and 33D-1, and in
13    subsection (b) of Section 8-1, and in subdivisions (a)(1),
14    (a)(2), (b)(1), (e)(1), (e)(2), (e)(3), (e)(4), and (f)(1)
15    of Section 12-3.05, and in subsection (a) and subsection
16    (b), clause (1), of Section 12-4, and in subsection (A),
17    clauses (a) and (b), of Section 24-3, and those offenses
18    contained in Article 29D of the Criminal Code of 1961 or
19    the Criminal Code of 2012; (ii) those offenses defined in
20    the Cannabis Control Act except those offenses defined in
21    subsections (a) and (b) of Section 4, and subsection (a)
22    of Section 5 of the Cannabis Control Act; (iii) those
23    offenses defined in the Illinois Controlled Substances
24    Act; (iv) those offenses defined in the Methamphetamine
25    Control and Community Protection Act; (v) any offense
26    committed or attempted in any other state or against the

 

 

SB0655- 26 -LRB102 13854 KMF 19205 b

1    laws of the United States, which if committed or attempted
2    in this State would be punishable as one or more of the
3    foregoing offenses; (vi) the offenses defined in Sections
4    4.1 and 5.1 of the Wrongs to Children Act or Section
5    11-9.1A of the Criminal Code of 1961 or the Criminal Code
6    of 2012; (vii) those offenses defined in Section 6-16 of
7    the Liquor Control Act of 1934; and (viii) those offenses
8    defined in the Methamphetamine Precursor Control Act.
9    The Department of State Police shall charge a fee for
10conducting the criminal history records check, which shall be
11deposited into the State Police Services Fund and may not
12exceed the actual cost of the records check.
13    (c-2) The Secretary shall issue a CDL with a school bus
14endorsement to allow a person to drive a school bus as defined
15in this Section. The CDL shall be issued according to the
16requirements outlined in 49 C.F.R. 383. A person may not
17operate a school bus as defined in this Section without a
18school bus endorsement. The Secretary of State may adopt rules
19consistent with Federal guidelines to implement this
20subsection (c-2).
21    (d) (Blank).
22(Source: P.A. 101-185, eff. 1-1-20.)
 
23    Section 20. The Criminal Code of 2012 is amended by
24changing Section 11-9.1 as follows:
 

 

 

SB0655- 27 -LRB102 13854 KMF 19205 b

1    (720 ILCS 5/11-9.1)  (from Ch. 38, par. 11-9.1)
2    Sec. 11-9.1. Sexual exploitation of a child.
3    (a) A person commits sexual exploitation of a child if in
4the presence or virtual presence, or both, of a child and with
5knowledge that a child or one whom he or she believes to be a
6child would view his or her acts, that person:
7        (1) engages in a sexual act; or
8        (2) exposes his or her sex organs, anus or breast for
9    the purpose of sexual arousal or gratification of such
10    person or the child or one whom he or she believes to be a
11    child.
12    (a-5) A person commits sexual exploitation of a child who
13knowingly entices, coerces, or persuades a child to remove the
14child's clothing for the purpose of sexual arousal or
15gratification of the person or the child, or both.
16    (b) Definitions. As used in this Section:
17    "Sexual act" means masturbation, sexual conduct or sexual
18penetration as defined in Section 11-0.1 of this Code.
19    "Sex offense" means any violation of Article 11 of this
20Code or Section 12-5.01 of this Code.
21    "Child" means a person under 17 years of age.
22    "Virtual presence" means an environment that is created
23with software and presented to the user and or receiver via the
24Internet, in such a way that the user appears in front of the
25receiver on the computer monitor or screen or hand-held
26portable electronic device, usually through a web camming

 

 

SB0655- 28 -LRB102 13854 KMF 19205 b

1program. "Virtual presence" includes primarily experiencing
2through sight or sound, or both, a video image that can be
3explored interactively at a personal computer or hand-held
4communication device, or both.
5    "Webcam" means a video capturing device connected to a
6computer or computer network that is designed to take digital
7photographs or live or recorded video which allows for the
8live transmission to an end user over the Internet.
9    (c) Sentence.
10        (1) Sexual exploitation of a child is a Class A
11    misdemeanor. A second or subsequent violation of this
12    Section or a substantially similar law of another state is
13    a Class 4 felony.
14        (2) Sexual exploitation of a child is a Class 4 felony
15    if the person has been previously convicted of a sex
16    offense.
17        (3) Sexual exploitation of a child is a Class 4 felony
18    if the victim was under 13 years of age at the time of the
19    commission of the offense.
20        (4) Sexual exploitation of a child is a Class 4 felony
21    if committed by a person 18 years of age or older who is on
22    or within 500 feet of elementary or secondary school
23    grounds when children are present on the grounds.
24(Source: P.A. 100-863, eff. 8-14-18.)
 
25    Section 25. The Unified Code of Corrections is amended by

 

 

SB0655- 29 -LRB102 13854 KMF 19205 b

1changing Section 5-5-3 as follows:
 
2    (730 ILCS 5/5-5-3)
3    Sec. 5-5-3. Disposition.
4    (a) (Blank).
5    (b) (Blank).
6    (c) (1) (Blank).
7    (2) A period of probation, a term of periodic imprisonment
8or conditional discharge shall not be imposed for the
9following offenses. The court shall sentence the offender to
10not less than the minimum term of imprisonment set forth in
11this Code for the following offenses, and may order a fine or
12restitution or both in conjunction with such term of
13imprisonment:
14        (A) First degree murder where the death penalty is not
15    imposed.
16        (B) Attempted first degree murder.
17        (C) A Class X felony.
18        (D) A violation of Section 401.1 or 407 of the
19    Illinois Controlled Substances Act, or a violation of
20    subdivision (c)(1.5) of Section 401 of that Act which
21    relates to more than 5 grams of a substance containing
22    fentanyl or an analog thereof.
23        (D-5) A violation of subdivision (c)(1) of Section 401
24    of the Illinois Controlled Substances Act which relates to
25    3 or more grams of a substance containing heroin or an

 

 

SB0655- 30 -LRB102 13854 KMF 19205 b

1    analog thereof.
2        (E) (Blank).
3        (F) A Class 1 or greater felony if the offender had
4    been convicted of a Class 1 or greater felony, including
5    any state or federal conviction for an offense that
6    contained, at the time it was committed, the same elements
7    as an offense now (the date of the offense committed after
8    the prior Class 1 or greater felony) classified as a Class
9    1 or greater felony, within 10 years of the date on which
10    the offender committed the offense for which he or she is
11    being sentenced, except as otherwise provided in Section
12    40-10 of the Substance Use Disorder Act.
13        (F-3) A Class 2 or greater felony sex offense or
14    felony firearm offense if the offender had been convicted
15    of a Class 2 or greater felony, including any state or
16    federal conviction for an offense that contained, at the
17    time it was committed, the same elements as an offense now
18    (the date of the offense committed after the prior Class 2
19    or greater felony) classified as a Class 2 or greater
20    felony, within 10 years of the date on which the offender
21    committed the offense for which he or she is being
22    sentenced, except as otherwise provided in Section 40-10
23    of the Substance Use Disorder Act.
24        (F-5) A violation of Section 24-1, 24-1.1, or 24-1.6
25    of the Criminal Code of 1961 or the Criminal Code of 2012
26    for which imprisonment is prescribed in those Sections.

 

 

SB0655- 31 -LRB102 13854 KMF 19205 b

1        (G) Residential burglary, except as otherwise provided
2    in Section 40-10 of the Substance Use Disorder Act.
3        (H) Criminal sexual assault.
4        (I) Aggravated battery of a senior citizen as
5    described in Section 12-4.6 or subdivision (a)(4) of
6    Section 12-3.05 of the Criminal Code of 1961 or the
7    Criminal Code of 2012.
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 or
12    more persons, with an established hierarchy, that
13    encourages members of the association to perpetrate crimes
14    or provides support to the members of the association who
15    do commit crimes.
16        Beginning July 1, 1994, for the purposes of this
17    paragraph, "organized gang" has the meaning ascribed to it
18    in Section 10 of the Illinois Streetgang Terrorism Omnibus
19    Prevention Act.
20        (K) Vehicular hijacking.
21        (L) A second or subsequent conviction for the offense
22    of hate crime when the underlying offense upon which the
23    hate crime is based is felony aggravated assault or felony
24    mob action.
25        (M) A second or subsequent conviction for the offense
26    of institutional vandalism if the damage to the property

 

 

SB0655- 32 -LRB102 13854 KMF 19205 b

1    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 or the Criminal Code of 2012.
7        (P) A violation of paragraph (1), (2), (3), (4), (5),
8    or (7) of subsection (a) of Section 11-20.1 of the
9    Criminal Code of 1961 or the Criminal Code of 2012.
10        (Q) A violation of subsection (b) or (b-5) of Section
11    20-1, Section 20-1.2, or Section 20-1.3 of the Criminal
12    Code of 1961 or the Criminal Code of 2012.
13        (R) A violation of Section 24-3A of the Criminal Code
14    of 1961 or the Criminal Code of 2012.
15        (S) (Blank).
16        (T) (Blank).
17        (U) A second or subsequent violation of Section 6-303
18    of the Illinois Vehicle Code committed while his or her
19    driver's license, permit, or privilege was revoked because
20    of a violation of Section 9-3 of the Criminal Code of 1961
21    or the Criminal Code of 2012, 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) of
25    Section 11-20.1B or paragraph (4) of subsection (c) of
26    Section 11-20.3 of the Criminal Code of 1961, or paragraph

 

 

SB0655- 33 -LRB102 13854 KMF 19205 b

1    (6) of subsection (a) of Section 11-20.1 of the Criminal
2    Code of 2012 when the victim is under 13 years of age and
3    the defendant has previously been convicted under the laws
4    of this State or any other state of the offense of child
5    pornography, aggravated child pornography, aggravated
6    criminal sexual abuse, aggravated criminal sexual assault,
7    predatory criminal sexual assault of a child, or any of
8    the offenses formerly known as rape, deviate sexual
9    assault, indecent liberties with a child, or aggravated
10    indecent liberties with a child where the victim was under
11    the age of 18 years or an offense that is substantially
12    equivalent to those offenses.
13        (W) A violation of Section 24-3.5 of the Criminal Code
14    of 1961 or the Criminal Code of 2012.
15        (X) A violation of subsection (a) of Section 31-1a of
16    the Criminal Code of 1961 or the Criminal Code of 2012.
17        (Y) A conviction for unlawful possession of a firearm
18    by a street gang member when the firearm was loaded or
19    contained firearm ammunition.
20        (Z) A Class 1 felony committed while he or she was
21    serving a term of probation or conditional discharge for a
22    felony.
23        (AA) Theft of property exceeding $500,000 and not
24    exceeding $1,000,000 in value.
25        (BB) Laundering of criminally derived property of a
26    value exceeding $500,000.

 

 

SB0655- 34 -LRB102 13854 KMF 19205 b

1        (CC) Knowingly selling, offering for sale, holding for
2    sale, or using 2,000 or more counterfeit items or
3    counterfeit items having a retail value in the aggregate
4    of $500,000 or more.
5        (DD) A conviction for aggravated assault under
6    paragraph (6) of subsection (c) of Section 12-2 of the
7    Criminal Code of 1961 or the Criminal Code of 2012 if the
8    firearm is aimed toward the person against whom the
9    firearm is being used.
10        (EE) A conviction for a violation of paragraph (2) of
11    subsection (a) of Section 24-3B of the Criminal Code of
12    2012.
13    (3) (Blank).
14    (4) A minimum term of imprisonment of not less than 10
15consecutive days or 30 days of community service shall be
16imposed for a violation of paragraph (c) of Section 6-303 of
17the Illinois Vehicle Code.
18    (4.1) (Blank).
19    (4.2) Except as provided in paragraphs (4.3) and (4.8) of
20this subsection (c), a minimum of 100 hours of community
21service shall be imposed for a second violation of Section
226-303 of the Illinois Vehicle Code.
23    (4.3) A minimum term of imprisonment of 30 days or 300
24hours of community service, as determined by the court, shall
25be imposed for a second violation of subsection (c) of Section
266-303 of the Illinois Vehicle Code.

 

 

SB0655- 35 -LRB102 13854 KMF 19205 b

1    (4.4) Except as provided in paragraphs (4.5), (4.6), and
2(4.9) of this subsection (c), a minimum term of imprisonment
3of 30 days or 300 hours of community service, as determined by
4the court, shall be imposed for a third or subsequent
5violation of Section 6-303 of the Illinois Vehicle Code. The
6court may give credit toward the fulfillment of community
7service hours for participation in activities and treatment as
8determined by court services.
9    (4.5) A minimum term of imprisonment of 30 days shall be
10imposed for a third violation of subsection (c) of Section
116-303 of the Illinois Vehicle Code.
12    (4.6) Except as provided in paragraph (4.10) of this
13subsection (c), a minimum term of imprisonment of 180 days
14shall be imposed for a fourth or subsequent violation of
15subsection (c) of Section 6-303 of the Illinois Vehicle Code.
16    (4.7) A minimum term of imprisonment of not less than 30
17consecutive days, or 300 hours of community service, shall be
18imposed for a violation of subsection (a-5) of Section 6-303
19of the Illinois Vehicle Code, as provided in subsection (b-5)
20of that Section.
21    (4.8) A mandatory prison sentence shall be imposed for a
22second violation of subsection (a-5) of Section 6-303 of the
23Illinois Vehicle Code, as provided in subsection (c-5) of that
24Section. The person's driving privileges shall be revoked for
25a period of not less than 5 years from the date of his or her
26release from prison.

 

 

SB0655- 36 -LRB102 13854 KMF 19205 b

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

 

 

SB0655- 37 -LRB102 13854 KMF 19205 b

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

 

 

SB0655- 38 -LRB102 13854 KMF 19205 b

1    (7) (Blank).
2    (8) (Blank).
3    (9) A defendant convicted of a second or subsequent
4offense of ritualized abuse of a child may be sentenced to a
5term of natural life imprisonment.
6    (10) (Blank).
7    (11) The court shall impose a minimum fine of $1,000 for a
8first offense and $2,000 for a second or subsequent offense
9upon a person convicted of or placed on supervision for
10battery when the individual harmed was a sports official or
11coach at any level of competition and the act causing harm to
12the sports official or coach occurred within an athletic
13facility or within the immediate vicinity of the athletic
14facility at which the sports official or coach was an active
15participant of the athletic contest held at the athletic
16facility. For the purposes of this paragraph (11), "sports
17official" means a person at an athletic contest who enforces
18the rules of the contest, such as an umpire or referee;
19"athletic facility" means an indoor or outdoor playing field
20or recreational area where sports activities are conducted;
21and "coach" means a person recognized as a coach by the
22sanctioning authority that conducted the sporting event.
23    (12) A person may not receive a disposition of court
24supervision for a violation of Section 5-16 of the Boat
25Registration and Safety Act if that person has previously
26received a disposition of court supervision for a violation of

 

 

SB0655- 39 -LRB102 13854 KMF 19205 b

1that Section.
2    (13) A person convicted of or placed on court supervision
3for an assault or aggravated assault when the victim and the
4offender are family or household members as defined in Section
5103 of the Illinois Domestic Violence Act of 1986 or convicted
6of domestic battery or aggravated domestic battery may be
7required to attend a Partner Abuse Intervention Program under
8protocols set forth by the Illinois Department of Human
9Services under such terms and conditions imposed by the court.
10The costs of such classes shall be paid by the offender.
11    (d) In any case in which a sentence originally imposed is
12vacated, the case shall be remanded to the trial court. The
13trial court shall hold a hearing under Section 5-4-1 of this
14Code which may include evidence of the defendant's life, moral
15character and occupation during the time since the original
16sentence was passed. The trial court shall then impose
17sentence upon the defendant. The trial court may impose any
18sentence which could have been imposed at the original trial
19subject to Section 5-5-4 of this Code. If a sentence is vacated
20on appeal or on collateral attack due to the failure of the
21trier of fact at trial to determine beyond a reasonable doubt
22the existence of a fact (other than a prior conviction)
23necessary to increase the punishment for the offense beyond
24the statutory maximum otherwise applicable, either the
25defendant may be re-sentenced to a term within the range
26otherwise provided or, if the State files notice of its

 

 

SB0655- 40 -LRB102 13854 KMF 19205 b

1intention to again seek the extended sentence, the defendant
2shall be afforded a new trial.
3    (e) In cases where prosecution for aggravated criminal
4sexual abuse under Section 11-1.60 or 12-16 of the Criminal
5Code of 1961 or the Criminal Code of 2012 results in conviction
6of a defendant who was a family member of the victim at the
7time of the commission of the offense, the court shall
8consider the safety and welfare of the victim and may impose a
9sentence of probation only where:
10        (1) the court finds (A) or (B) or both are
11    appropriate:
12            (A) the defendant is willing to undergo a court
13        approved counseling program for a minimum duration of
14        2 years; or
15            (B) the defendant is willing to participate in a
16        court approved plan including but not limited to the
17        defendant's:
18                (i) removal from the household;
19                (ii) restricted contact with the victim;
20                (iii) continued financial support of the
21            family;
22                (iv) restitution for harm done to the victim;
23            and
24                (v) compliance with any other measures that
25            the court may deem appropriate; and
26        (2) the court orders the defendant to pay for the

 

 

SB0655- 41 -LRB102 13854 KMF 19205 b

1    victim's counseling services, to the extent that the court
2    finds, after considering the defendant's income and
3    assets, that the defendant is financially capable of
4    paying for such services, if the victim was under 18 years
5    of age at the time the offense was committed and requires
6    counseling as a result of the offense.
7    Probation may be revoked or modified pursuant to Section
85-6-4; except where the court determines at the hearing that
9the defendant violated a condition of his or her probation
10restricting contact with the victim or other family members or
11commits another offense with the victim or other family
12members, the court shall revoke the defendant's probation and
13impose a term of imprisonment.
14    For the purposes of this Section, "family member" and
15"victim" shall have the meanings ascribed to them in Section
1611-0.1 of the Criminal Code of 2012.
17    (f) (Blank).
18    (g) Whenever a defendant is convicted of an offense under
19Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-14,
2011-14.3, 11-14.4 except for an offense that involves keeping a
21place of juvenile prostitution, 11-15, 11-15.1, 11-16, 11-17,
2211-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 12-13, 12-14,
2312-14.1, 12-15 or 12-16 of the Criminal Code of 1961 or the
24Criminal Code of 2012, the defendant shall undergo medical
25testing to determine whether the defendant has any sexually
26transmissible disease, including a test for infection with

 

 

SB0655- 42 -LRB102 13854 KMF 19205 b

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

 

 

SB0655- 43 -LRB102 13854 KMF 19205 b

1relevant in order to prosecute a charge of criminal
2transmission of HIV under Section 12-5.01 or 12-16.2 of the
3Criminal Code of 1961 or the Criminal Code of 2012 against the
4defendant. The court shall order that the cost of any such test
5shall be paid by the county and may be taxed as costs against
6the convicted defendant.
7    (g-5) When an inmate is tested for an airborne
8communicable disease, as determined by the Illinois Department
9of Public Health including but not limited to tuberculosis,
10the results of the test shall be personally delivered by the
11warden or his or her designee in a sealed envelope to the judge
12of the court in which the inmate must appear for the judge's
13inspection in camera if requested by the judge. Acting in
14accordance with the best interests of those in the courtroom,
15the judge shall have the discretion to determine what if any
16precautions need to be taken to prevent transmission of the
17disease in the courtroom.
18    (h) Whenever a defendant is convicted of an offense under
19Section 1 or 2 of the Hypodermic Syringes and Needles Act, the
20defendant shall undergo medical testing to determine whether
21the defendant has been exposed to human immunodeficiency virus
22(HIV) or any other identified causative agent of acquired
23immunodeficiency syndrome (AIDS). Except as otherwise provided
24by law, the results of such test shall be kept strictly
25confidential by all medical personnel involved in the testing
26and must be personally delivered in a sealed envelope to the

 

 

SB0655- 44 -LRB102 13854 KMF 19205 b

1judge of the court in which the conviction was entered for the
2judge's inspection in camera. Acting in accordance with the
3best interests of the public, the judge shall have the
4discretion to determine to whom, if anyone, the results of the
5testing may be revealed. The court shall notify the defendant
6of a positive test showing an infection with the human
7immunodeficiency virus (HIV). The court shall provide
8information on the availability of HIV testing and counseling
9at Department of Public Health facilities to all parties to
10whom the results of the testing are revealed and shall direct
11the State's Attorney to provide the information to the victim
12when possible. A State's Attorney may petition the court to
13obtain the results of any HIV test administered under this
14Section, and the court shall grant the disclosure if the
15State's Attorney shows it is relevant in order to prosecute a
16charge of criminal transmission of HIV under Section 12-5.01
17or 12-16.2 of the Criminal Code of 1961 or the Criminal Code of
182012 against the defendant. The court shall order that the
19cost of any such test shall be paid by the county and may be
20taxed as costs against the convicted defendant.
21    (i) All fines and penalties imposed under this Section for
22any violation of Chapters 3, 4, 6, and 11 of the Illinois
23Vehicle Code, or a similar provision of a local ordinance, and
24any violation of the Child Passenger Protection Act, or a
25similar provision of a local ordinance, shall be collected and
26disbursed by the circuit clerk as provided under the Criminal

 

 

SB0655- 45 -LRB102 13854 KMF 19205 b

1and Traffic Assessment Act.
2    (j) In cases when prosecution for any violation of Section
311-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-8, 11-9,
411-11, 11-14, 11-14.3, 11-14.4, 11-15, 11-15.1, 11-16, 11-17,
511-17.1, 11-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 11-20.1,
611-20.1B, 11-20.3, 11-21, 11-30, 11-40, 12-13, 12-14, 12-14.1,
712-15, or 12-16 of the Criminal Code of 1961 or the Criminal
8Code of 2012, any violation of the Illinois Controlled
9Substances Act, any violation of the Cannabis Control Act, or
10any violation of the Methamphetamine Control and Community
11Protection Act results in conviction, a disposition of court
12supervision, or an order of probation granted under Section 10
13of the Cannabis Control Act, Section 410 of the Illinois
14Controlled Substances Act, or Section 70 of the
15Methamphetamine Control and Community Protection Act of a
16defendant, the court shall determine whether the defendant is
17employed by a facility or center as defined under the Child
18Care Act of 1969, a public or private elementary or secondary
19school, or otherwise works with children under 18 years of age
20on a daily basis. When a defendant is so employed, the court
21shall order the Clerk of the Court to send a copy of the
22judgment of conviction or order of supervision or probation to
23the defendant's employer by certified mail. If the employer of
24the defendant is a school, the Clerk of the Court shall direct
25the mailing of a copy of the judgment of conviction or order of
26supervision or probation to the appropriate regional

 

 

SB0655- 46 -LRB102 13854 KMF 19205 b

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

 

 

SB0655- 47 -LRB102 13854 KMF 19205 b

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

 

 

SB0655- 48 -LRB102 13854 KMF 19205 b

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

 

 

SB0655- 49 -LRB102 13854 KMF 19205 b

1sentencing. In addition, the defendant shall not be eligible
2for additional earned sentence credit as provided under
3Section 3-6-3.
4    (m) A person convicted of criminal defacement of property
5under Section 21-1.3 of the Criminal Code of 1961 or the
6Criminal Code of 2012, in which the property damage exceeds
7$300 and the property damaged is a school building, shall be
8ordered to perform community service that may include cleanup,
9removal, or painting over the defacement.
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 or the Criminal Code of 2012 (i) to an impact
14incarceration program if the person is otherwise eligible for
15that program under Section 5-8-1.1, (ii) to community service,
16or (iii) if the person has a substance use disorder, as defined
17in the Substance Use Disorder Act, to a treatment 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
23of license renewal established by the Secretary of State.
24(Source: P.A. 100-575, eff. 1-8-18; 100-759, eff. 1-1-19;
25100-987, eff. 7-1-19; 101-81, eff. 7-12-19.)
 

 

 

SB0655- 50 -LRB102 13854 KMF 19205 b

1    (720 ILCS 5/12-5.01 rep.)
2    Section 30. The Criminal Code of 2012 is amended by
3repealing Section 12-5.01.
 
4    Section 99. Effective date. This Act takes effect upon
5becoming law.