Illinois General Assembly - Full Text of HB1390
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Full Text of HB1390  103rd General Assembly

HB1390 103RD GENERAL ASSEMBLY

  
  

 


 
103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB1390

 

Introduced 1/31/2023, by Rep. Jackie Haas

 

SYNOPSIS AS INTRODUCED:
 
730 ILCS 5/5-5-3

    Amends the Unified Code of Corrections. Provides that a period of probation, a term of periodic imprisonment, or conditional discharge shall not be imposed for a felony offense that requires registration under the Sex Offender Registration Act.


LRB103 05220 RJT 50236 b

 

 

A BILL FOR

 

HB1390LRB103 05220 RJT 50236 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        (FF) A felony offense that requires registration under
24    the Sex Offender Registration Act.
25    (3) (Blank).
26    (4) A minimum term of imprisonment of not less than 10

 

 

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1consecutive days or 30 days of community service shall be
2imposed for a violation of paragraph (c) of Section 6-303 of
3the Illinois Vehicle Code.
4    (4.1) (Blank).
5    (4.2) Except as provided in paragraphs (4.3) and (4.8) of
6this subsection (c), a minimum of 100 hours of community
7service shall be imposed for a second violation of Section
86-303 of the Illinois Vehicle Code.
9    (4.3) A minimum term of imprisonment of 30 days or 300
10hours of community service, as determined by the court, shall
11be imposed for a second violation of subsection (c) of Section
126-303 of the Illinois Vehicle Code.
13    (4.4) Except as provided in paragraphs (4.5), (4.6), and
14(4.9) of this subsection (c), a minimum term of imprisonment
15of 30 days or 300 hours of community service, as determined by
16the court, shall be imposed for a third or subsequent
17violation of Section 6-303 of the Illinois Vehicle Code. The
18court may give credit toward the fulfillment of community
19service hours for participation in activities and treatment as
20determined by court services.
21    (4.5) A minimum term of imprisonment of 30 days shall be
22imposed for a third violation of subsection (c) of Section
236-303 of the Illinois Vehicle Code.
24    (4.6) Except as provided in paragraph (4.10) of this
25subsection (c), a minimum term of imprisonment of 180 days
26shall be imposed for a fourth or subsequent violation of

 

 

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

 

 

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1association convicted of any offense to:
2        (A) a period of conditional discharge;
3        (B) a fine;
4        (C) make restitution to the victim under Section 5-5-6
5    of this Code.
6    (5.1) In addition to any other penalties imposed, and
7except as provided in paragraph (5.2) or (5.3), a person
8convicted of violating subsection (c) of Section 11-907 of the
9Illinois Vehicle Code shall have his or her driver's license,
10permit, or privileges suspended for at least 90 days but not
11more than one year, if the violation resulted in damage to the
12property of another person.
13    (5.2) In addition to any other penalties imposed, and
14except as provided in paragraph (5.3), a person convicted of
15violating subsection (c) of Section 11-907 of the Illinois
16Vehicle Code shall have his or her driver's license, permit,
17or privileges suspended for at least 180 days but not more than
182 years, if the violation resulted in injury to another
19person.
20    (5.3) In addition to any other penalties imposed, a person
21convicted of violating subsection (c) of Section 11-907 of the
22Illinois Vehicle Code shall have his or her driver's license,
23permit, or privileges suspended for 2 years, if the violation
24resulted in the death of another person.
25    (5.4) In addition to any other penalties imposed, a person
26convicted of violating Section 3-707 of the Illinois Vehicle

 

 

HB1390- 10 -LRB103 05220 RJT 50236 b

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

 

 

HB1390- 11 -LRB103 05220 RJT 50236 b

1participant of the athletic contest held at the athletic
2facility. For the purposes of this paragraph (11), "sports
3official" means a person at an athletic contest who enforces
4the rules of the contest, such as an umpire or referee;
5"athletic facility" means an indoor or outdoor playing field
6or recreational area where sports activities are conducted;
7and "coach" means a person recognized as a coach by the
8sanctioning authority that conducted the sporting event.
9    (12) A person may not receive a disposition of court
10supervision for a violation of Section 5-16 of the Boat
11Registration and Safety Act if that person has previously
12received a disposition of court supervision for a violation of
13that Section.
14    (13) A person convicted of or placed on court supervision
15for an assault or aggravated assault when the victim and the
16offender are family or household members as defined in Section
17103 of the Illinois Domestic Violence Act of 1986 or convicted
18of domestic battery or aggravated domestic battery may be
19required to attend a Partner Abuse Intervention Program under
20protocols set forth by the Illinois Department of Human
21Services under such terms and conditions imposed by the court.
22The costs of such classes shall be paid by the offender.
23    (d) In any case in which a sentence originally imposed is
24vacated, the case shall be remanded to the trial court. The
25trial court shall hold a hearing under Section 5-4-1 of this
26Code which may include evidence of the defendant's life, moral

 

 

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1character and occupation during the time since the original
2sentence was passed. The trial court shall then impose
3sentence upon the defendant. The trial court may impose any
4sentence which could have been imposed at the original trial
5subject to Section 5-5-4 of this Code. If a sentence is vacated
6on appeal or on collateral attack due to the failure of the
7trier of fact at trial to determine beyond a reasonable doubt
8the existence of a fact (other than a prior conviction)
9necessary to increase the punishment for the offense beyond
10the statutory maximum otherwise applicable, either the
11defendant may be re-sentenced to a term within the range
12otherwise provided or, if the State files notice of its
13intention to again seek the extended sentence, the defendant
14shall be afforded a new trial.
15    (e) In cases where prosecution for aggravated criminal
16sexual abuse under Section 11-1.60 or 12-16 of the Criminal
17Code of 1961 or the Criminal Code of 2012 results in conviction
18of a defendant who was a family member of the victim at the
19time of the commission of the offense, the court shall
20consider the safety and welfare of the victim and may impose a
21sentence of probation only where:
22        (1) the court finds (A) or (B) or both are
23    appropriate:
24            (A) the defendant is willing to undergo a court
25        approved counseling program for a minimum duration of
26        2 years; or

 

 

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1            (B) the defendant is willing to participate in a
2        court approved plan, including, but not limited to,
3        the defendant's:
4                (i) removal from the household;
5                (ii) restricted contact with the victim;
6                (iii) continued financial support of the
7            family;
8                (iv) restitution for harm done to the victim;
9            and
10                (v) compliance with any other measures that
11            the court may deem appropriate; and
12        (2) the court orders the defendant to pay for the
13    victim's counseling services, to the extent that the court
14    finds, after considering the defendant's income and
15    assets, that the defendant is financially capable of
16    paying for such services, if the victim was under 18 years
17    of age at the time the offense was committed and requires
18    counseling as a result of the offense.
19    Probation may be revoked or modified pursuant to Section
205-6-4; except where the court determines at the hearing that
21the defendant violated a condition of his or her probation
22restricting contact with the victim or other family members or
23commits another offense with the victim or other family
24members, the court shall revoke the defendant's probation and
25impose a term of imprisonment.
26    For the purposes of this Section, "family member" and

 

 

HB1390- 14 -LRB103 05220 RJT 50236 b

1"victim" shall have the meanings ascribed to them in Section
211-0.1 of the Criminal Code of 2012.
3    (f) (Blank).
4    (g) Whenever a defendant is convicted of an offense under
5Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-14,
611-14.3, 11-14.4 except for an offense that involves keeping a
7place of juvenile prostitution, 11-15, 11-15.1, 11-16, 11-17,
811-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 12-13, 12-14,
912-14.1, 12-15, or 12-16 of the Criminal Code of 1961 or the
10Criminal Code of 2012, the defendant shall undergo medical
11testing to determine whether the defendant has any sexually
12transmissible disease, including a test for infection with
13human immunodeficiency virus (HIV) or any other identified
14causative agent of acquired immunodeficiency syndrome (AIDS).
15Any such medical test shall be performed only by appropriately
16licensed medical practitioners and may include an analysis of
17any bodily fluids as well as an examination of the defendant's
18person. Except as otherwise provided by law, the results of
19such test shall be kept strictly confidential by all medical
20personnel involved in the testing and must be personally
21delivered in a sealed envelope to the judge of the court in
22which the conviction was entered for the judge's inspection in
23camera. Acting in accordance with the best interests of the
24victim and the public, the judge shall have the discretion to
25determine to whom, if anyone, the results of the testing may be
26revealed. The court shall notify the defendant of the test

 

 

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

 

 

HB1390- 16 -LRB103 05220 RJT 50236 b

1the defendant has been exposed to human immunodeficiency virus
2(HIV) or any other identified causative agent of acquired
3immunodeficiency syndrome (AIDS). Except as otherwise provided
4by law, the results of such test shall be kept strictly
5confidential by all medical personnel involved in the testing
6and must be personally delivered in a sealed envelope to the
7judge of the court in which the conviction was entered for the
8judge's inspection in camera. Acting in accordance with the
9best interests of the public, the judge shall have the
10discretion to determine to whom, if anyone, the results of the
11testing may be revealed. The court shall notify the defendant
12of a positive test showing an infection with the human
13immunodeficiency virus (HIV). The court shall provide
14information on the availability of HIV testing and counseling
15at Department of Public Health facilities to all parties to
16whom the results of the testing are revealed and shall direct
17the State's Attorney to provide the information to the victim
18when possible. The court shall order that the cost of any such
19test shall be paid by the county and may be taxed as costs
20against 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

 

 

HB1390- 17 -LRB103 05220 RJT 50236 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

 

 

HB1390- 18 -LRB103 05220 RJT 50236 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

 

 

HB1390- 19 -LRB103 05220 RJT 50236 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 not a citizen or national of
14the United States, is convicted of any felony or misdemeanor
15offense, the court after sentencing the defendant may, upon
16motion of the State's Attorney, hold sentence in abeyance and
17remand the defendant to the custody of the Attorney General of
18the United States or his or her designated agent to be deported
19when:
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

 

 

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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

 

 

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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. 101-81, eff. 7-12-19; 102-168, eff. 7-27-21;
25102-531, eff. 1-1-22; 102-813, eff. 5-13-22; 102-1030, eff.
265-27-22.)