Full Text of HB6055 96th General Assembly
HB6055 96TH GENERAL ASSEMBLY
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96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010 HB6055
Introduced 2/10/2010, by Rep. Thomas Holbrook SYNOPSIS AS INTRODUCED: |
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730 ILCS 5/5-5-3 |
from Ch. 38, par. 1005-5-3 |
730 ILCS 5/5-6-1 |
from Ch. 38, par. 1005-6-1 |
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Amends the Unified Code of Corrections. Provides that a person convicted of reckless homicide is ineligible for a period of probation, a term of periodic imprisonment, or
conditional discharge. Effective immediately.
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| CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY | |
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A BILL FOR
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HB6055 |
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LRB096 16799 RLC 32106 b |
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| AN ACT concerning criminal law.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Unified Code of Corrections is amended by | 5 |
| changing Sections 5-5-3 and 5-6-1 as follows:
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| (730 ILCS 5/5-5-3) (from Ch. 38, par. 1005-5-3)
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| Sec. 5-5-3. Disposition.
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| (a) (Blank).
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| (b) (Blank).
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| (c) (1) (Blank).
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| (2) A period of probation, a term of periodic | 12 |
| imprisonment or
conditional discharge shall not be imposed | 13 |
| for the following offenses.
The court shall sentence the | 14 |
| offender to not less than the minimum term
of imprisonment | 15 |
| set forth in this Code for the following offenses, and
may | 16 |
| order a fine or restitution or both in conjunction with | 17 |
| such term of
imprisonment:
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| (A) First degree murder where the death penalty is | 19 |
| not imposed.
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| (B) Attempted first degree murder.
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| (C) A Class X felony.
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| (D) A violation of Section 401.1 or 407 of the
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| Illinois Controlled Substances Act, or a violation of |
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LRB096 16799 RLC 32106 b |
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| subdivision (c)(1), (c)(1.5), or
(c)(2) of
Section 401 | 2 |
| of that Act which relates to more than 5 grams of a | 3 |
| substance
containing heroin, cocaine, fentanyl, or an | 4 |
| analog thereof.
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| (E) A violation of Section 5.1 or 9 of the Cannabis | 6 |
| Control
Act.
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| (F) A Class 2 or greater felony if the offender had | 8 |
| been convicted
of a Class 2 or greater felony, | 9 |
| including any state or federal conviction for an | 10 |
| offense that contained, at the time it was committed, | 11 |
| the same elements as an offense now (the date of the | 12 |
| offense committed after the prior Class 2 or greater | 13 |
| felony) classified as a Class 2 or greater felony, | 14 |
| within 10 years of the date on which the
offender
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| committed the offense for which he or she is being | 16 |
| sentenced, except as
otherwise provided in Section | 17 |
| 40-10 of the Alcoholism and Other Drug Abuse and
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| Dependency Act.
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| (F-5) A violation of Section 24-1, 24-1.1, or | 20 |
| 24-1.6 of the Criminal Code of 1961 for which | 21 |
| imprisonment is prescribed in those Sections.
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| (G) Residential burglary, except as otherwise | 23 |
| provided in Section 40-10
of the Alcoholism and Other | 24 |
| Drug Abuse and Dependency Act.
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| (H) Criminal sexual assault.
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| (I) Aggravated battery of a senior citizen.
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| (J) A forcible felony if the offense was related to | 2 |
| the activities of an
organized gang.
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| Before July 1, 1994, for the purposes of this | 4 |
| paragraph, "organized
gang" means an association of 5 | 5 |
| or more persons, with an established hierarchy,
that | 6 |
| encourages members of the association to perpetrate | 7 |
| crimes or provides
support to the members of the | 8 |
| association who do commit crimes.
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| Beginning July 1, 1994, for the purposes of this | 10 |
| paragraph,
"organized gang" has the meaning ascribed | 11 |
| to it in Section 10 of the Illinois
Streetgang | 12 |
| Terrorism Omnibus Prevention Act.
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| (K) Vehicular hijacking.
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| (L) A second or subsequent conviction for the | 15 |
| offense of hate crime
when the underlying offense upon | 16 |
| which the hate crime is based is felony
aggravated
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| assault or felony mob action.
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| (M) A second or subsequent conviction for the | 19 |
| offense of institutional
vandalism if the damage to the | 20 |
| property exceeds $300.
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| (N) A Class 3 felony violation of paragraph (1) of | 22 |
| subsection (a) of
Section 2 of the Firearm Owners | 23 |
| Identification Card Act.
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| (O) A violation of Section 12-6.1 of the Criminal | 25 |
| Code of 1961.
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| (P) A violation of paragraph (1), (2), (3), (4), |
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| (5), or (7) of
subsection (a)
of Section 11-20.1 of the | 2 |
| Criminal Code of 1961.
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| (Q) A violation of Section 20-1.2 or 20-1.3 of the | 4 |
| Criminal Code of
1961.
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| (R) A violation of Section 24-3A of the Criminal | 6 |
| Code of
1961.
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| (S) (Blank).
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| (T) A second or subsequent violation of the | 9 |
| Methamphetamine Control and Community Protection Act.
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| (U) A second or subsequent violation of Section | 11 |
| 6-303 of the Illinois Vehicle Code committed while his | 12 |
| or her driver's license, permit, or privilege was | 13 |
| revoked because of a violation of Section 9-3 of the | 14 |
| Criminal Code of 1961, relating to the offense of | 15 |
| reckless homicide, or a similar provision of a law of | 16 |
| another state.
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| (V)
A violation of paragraph (4) of subsection (c) | 18 |
| of Section 11-20.3 of the Criminal Code of 1961. | 19 |
| (W) A violation of Section 24-3.5 of the Criminal | 20 |
| Code of 1961.
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| (X) A violation of subsection (a) of Section 31-1a | 22 |
| of the Criminal Code of 1961. | 23 |
| (Y) A conviction for unlawful possession of a | 24 |
| firearm by a street gang member when the firearm was | 25 |
| loaded or contained firearm ammunition. | 26 |
| (Z) A conviction for reckless homicide.
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LRB096 16799 RLC 32106 b |
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| (3) (Blank).
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| (4) A minimum term of imprisonment of not less than 10
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| consecutive days or 30 days of community service shall be | 4 |
| imposed for a
violation of paragraph (c) of Section 6-303 | 5 |
| of the Illinois Vehicle Code.
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| (4.1) (Blank).
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| (4.2) Except as provided in paragraphs (4.3) and (4.8) | 8 |
| of this subsection (c), a
minimum of
100 hours of community | 9 |
| service shall be imposed for a second violation of
Section | 10 |
| 6-303
of the Illinois Vehicle Code.
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| (4.3) A minimum term of imprisonment of 30 days or 300 | 12 |
| hours of community
service, as determined by the court, | 13 |
| shall
be imposed for a second violation of subsection (c) | 14 |
| of Section 6-303 of the
Illinois Vehicle Code.
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| (4.4) Except as provided in paragraphs
(4.5), (4.6), | 16 |
| and (4.9) of this
subsection (c), a
minimum term of | 17 |
| imprisonment of 30 days or 300 hours of community service, | 18 |
| as
determined by the court, shall
be imposed
for a third or | 19 |
| subsequent violation of Section 6-303 of the Illinois | 20 |
| Vehicle
Code.
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| (4.5) A minimum term of imprisonment of 30 days
shall | 22 |
| be imposed for a third violation of subsection (c) of
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| Section 6-303 of the Illinois Vehicle Code.
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| (4.6) Except as provided in paragraph (4.10) of this | 25 |
| subsection (c), a minimum term of imprisonment of 180 days | 26 |
| shall be imposed for a
fourth or subsequent violation of |
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| subsection (c) of Section 6-303 of the
Illinois Vehicle | 2 |
| Code.
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| (4.7) A minimum term of imprisonment of not less than | 4 |
| 30 consecutive days, or 300 hours of community service, | 5 |
| shall be imposed for a violation of subsection (a-5) of | 6 |
| Section 6-303 of the Illinois Vehicle Code, as provided in | 7 |
| subsection (b-5) of that Section.
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| (4.8) A mandatory prison sentence shall be imposed for | 9 |
| a second violation of subsection (a-5) of Section 6-303 of | 10 |
| the Illinois Vehicle Code, as provided in subsection (c-5) | 11 |
| of that Section. The person's driving privileges shall be | 12 |
| revoked for a period of not less than 5 years from the date | 13 |
| of his or her release from prison.
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| (4.9) A mandatory prison sentence of not less than 4 | 15 |
| and not more than 15 years shall be imposed for a third | 16 |
| violation of subsection (a-5) of Section 6-303 of the | 17 |
| Illinois Vehicle Code, as provided in subsection (d-2.5) of | 18 |
| that Section. The person's driving privileges shall be | 19 |
| revoked for the remainder of his or her life.
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| (4.10) A mandatory prison sentence for a Class 1 felony | 21 |
| shall be imposed, and the person shall be eligible for an | 22 |
| extended term sentence, for a fourth or subsequent | 23 |
| violation of subsection (a-5) of Section 6-303 of the | 24 |
| Illinois Vehicle Code, as provided in subsection (d-3.5) of | 25 |
| that Section. The person's driving privileges shall be | 26 |
| revoked for the remainder of his or her life.
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LRB096 16799 RLC 32106 b |
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| (5) The court may sentence a corporation or | 2 |
| unincorporated
association convicted of any offense to:
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| (A) a period of conditional discharge;
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| (B) a fine;
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| (C) make restitution to the victim under Section | 6 |
| 5-5-6 of this Code.
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| (5.1) In addition to any other penalties imposed, and | 8 |
| except as provided in paragraph (5.2) or (5.3), a person
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| convicted of violating subsection (c) of Section 11-907 of | 10 |
| the Illinois
Vehicle Code shall have his or her driver's | 11 |
| license, permit, or privileges
suspended for at least 90 | 12 |
| days but not more than one year, if the violation
resulted | 13 |
| in damage to the property of another person.
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| (5.2) In addition to any other penalties imposed, and | 15 |
| except as provided in paragraph (5.3), a person convicted
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| of violating subsection (c) of Section 11-907 of the | 17 |
| Illinois Vehicle Code
shall have his or her driver's | 18 |
| license, permit, or privileges suspended for at
least 180 | 19 |
| days but not more than 2 years, if the violation resulted | 20 |
| in injury
to
another person.
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| (5.3) In addition to any other penalties imposed, a | 22 |
| person convicted of violating subsection (c) of Section
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| 11-907 of the Illinois Vehicle Code shall have his or her | 24 |
| driver's license,
permit, or privileges suspended for 2 | 25 |
| years, if the violation resulted in the
death of another | 26 |
| person.
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LRB096 16799 RLC 32106 b |
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| (5.4) In addition to any other penalties imposed, a | 2 |
| person convicted of violating Section 3-707 of the Illinois | 3 |
| Vehicle Code shall have his or her driver's license, | 4 |
| permit, or privileges suspended for 3 months and until he | 5 |
| or she has paid a reinstatement fee of $100. | 6 |
| (5.5) In addition to any other penalties imposed, a | 7 |
| person convicted of violating Section 3-707 of the Illinois | 8 |
| Vehicle Code during a period in which his or her driver's | 9 |
| license, permit, or privileges were suspended for a | 10 |
| previous violation of that Section shall have his or her | 11 |
| driver's license, permit, or privileges suspended for an | 12 |
| additional 6 months after the expiration of the original | 13 |
| 3-month suspension and until he or she has paid a | 14 |
| reinstatement fee of $100.
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| (6) (Blank).
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| (7) (Blank).
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| (8) (Blank).
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| (9) A defendant convicted of a second or subsequent | 19 |
| offense of ritualized
abuse of a child may be sentenced to | 20 |
| a term of natural life imprisonment.
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| (10) (Blank).
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| (11) The court shall impose a minimum fine of $1,000 | 23 |
| for a first offense
and $2,000 for a second or subsequent | 24 |
| offense upon a person convicted of or
placed on supervision | 25 |
| for battery when the individual harmed was a sports
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| official or coach at any level of competition and the act |
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LRB096 16799 RLC 32106 b |
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| causing harm to the
sports
official or coach occurred | 2 |
| within an athletic facility or within the immediate | 3 |
| vicinity
of the athletic facility at which the sports | 4 |
| official or coach was an active
participant
of the athletic | 5 |
| contest held at the athletic facility. For the purposes of
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| this paragraph (11), "sports official" means a person at an | 7 |
| athletic contest
who enforces the rules of the contest, | 8 |
| such as an umpire or referee; "athletic facility" means an | 9 |
| indoor or outdoor playing field or recreational area where | 10 |
| sports activities are conducted;
and "coach" means a person | 11 |
| recognized as a coach by the sanctioning
authority that | 12 |
| conducted the sporting event. | 13 |
| (12) A person may not receive a disposition of court | 14 |
| supervision for a
violation of Section 5-16 of the Boat | 15 |
| Registration and Safety Act if that
person has previously | 16 |
| received a disposition of court supervision for a
violation | 17 |
| of that Section.
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| (13) A person convicted of or placed on court | 19 |
| supervision for an assault or aggravated assault when the | 20 |
| victim and the offender are family or household members as | 21 |
| defined in Section 103 of the Illinois Domestic Violence | 22 |
| Act of 1986 or convicted of domestic battery or aggravated | 23 |
| domestic battery may be required to attend a Partner Abuse | 24 |
| Intervention Program under protocols set forth by the | 25 |
| Illinois Department of Human Services under such terms and | 26 |
| conditions imposed by the court. The costs of such classes |
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LRB096 16799 RLC 32106 b |
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| shall be paid by the offender.
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| (d) In any case in which a sentence originally imposed is | 3 |
| vacated,
the case shall be remanded to the trial court. The | 4 |
| trial court shall
hold a hearing under Section 5-4-1 of the | 5 |
| Unified Code of Corrections
which may include evidence of the | 6 |
| defendant's life, moral character and
occupation during the | 7 |
| time since the original sentence was passed. The
trial court | 8 |
| shall then impose sentence upon the defendant. The trial
court | 9 |
| may impose any sentence which could have been imposed at the
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| original trial subject to Section 5-5-4 of the Unified Code of | 11 |
| Corrections.
If a sentence is vacated on appeal or on | 12 |
| collateral attack due to the
failure of the trier of fact at | 13 |
| trial to determine beyond a reasonable doubt
the
existence of a | 14 |
| fact (other than a prior conviction) necessary to increase the
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| punishment for the offense beyond the statutory maximum | 16 |
| otherwise applicable,
either the defendant may be re-sentenced | 17 |
| to a term within the range otherwise
provided or, if the State | 18 |
| files notice of its intention to again seek the
extended | 19 |
| sentence, the defendant shall be afforded a new trial.
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| (e) In cases where prosecution for
aggravated criminal | 21 |
| sexual abuse under Section 12-16 of the
Criminal Code of 1961 | 22 |
| results in conviction of a defendant
who was a family member of | 23 |
| the victim at the time of the commission of the
offense, the | 24 |
| court shall consider the safety and welfare of the victim and
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| may impose a sentence of probation only where:
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| (1) the court finds (A) or (B) or both are appropriate:
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LRB096 16799 RLC 32106 b |
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| (A) the defendant is willing to undergo a court | 2 |
| approved counseling
program for a minimum duration of 2 | 3 |
| years; or
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| (B) the defendant is willing to participate in a | 5 |
| court approved plan
including but not limited to the | 6 |
| defendant's:
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| (i) removal from the household;
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| (ii) restricted contact with the victim;
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| (iii) continued financial support of the | 10 |
| family;
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| (iv) restitution for harm done to the victim; | 12 |
| and
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| (v) compliance with any other measures that | 14 |
| the court may
deem appropriate; and
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| (2) the court orders the defendant to pay for the | 16 |
| victim's counseling
services, to the extent that the court | 17 |
| finds, after considering the
defendant's income and | 18 |
| assets, that the defendant is financially capable of
paying | 19 |
| for such services, if the victim was under 18 years of age | 20 |
| at the
time the offense was committed and requires | 21 |
| counseling as a result of the
offense.
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| Probation may be revoked or modified pursuant to Section | 23 |
| 5-6-4; except
where the court determines at the hearing that | 24 |
| the defendant violated a
condition of his or her probation | 25 |
| restricting contact with the victim or
other family members or | 26 |
| commits another offense with the victim or other
family |
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LRB096 16799 RLC 32106 b |
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| members, the court shall revoke the defendant's probation and
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| impose a term of imprisonment.
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| For the purposes of this Section, "family member" and | 4 |
| "victim" shall have
the meanings ascribed to them in Section | 5 |
| 12-12 of the Criminal Code of
1961.
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| (f) (Blank).
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| (g) Whenever a defendant is convicted of an offense under | 8 |
| Sections
11-14, 11-15, 11-15.1, 11-16, 11-17, 11-18, 11-18.1, | 9 |
| 11-19, 11-19.1, 11-19.2,
12-13, 12-14, 12-14.1, 12-15 or 12-16 | 10 |
| of the Criminal Code of 1961,
the defendant shall undergo | 11 |
| medical testing to
determine whether the defendant has any | 12 |
| sexually transmissible disease,
including a test for infection | 13 |
| with human immunodeficiency virus (HIV) or
any other identified | 14 |
| causative agent of acquired immunodeficiency syndrome
(AIDS). | 15 |
| Any such medical test shall be performed only by appropriately
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| licensed medical practitioners and may include an analysis of | 17 |
| any bodily
fluids as well as an examination of the defendant's | 18 |
| person.
Except as otherwise provided by law, the results of | 19 |
| such test shall be kept
strictly confidential by all medical | 20 |
| personnel involved in the testing and must
be personally | 21 |
| delivered in a sealed envelope to the judge of the court in | 22 |
| which
the conviction was entered for the judge's inspection in | 23 |
| camera. Acting in
accordance with the best interests of the | 24 |
| victim and the public, the judge
shall have the discretion to | 25 |
| determine to whom, if anyone, the results of the
testing may be | 26 |
| revealed. The court shall notify the defendant
of the test |
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LRB096 16799 RLC 32106 b |
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| results. The court shall
also notify the victim if requested by | 2 |
| the victim, and if the victim is under
the age of 15 and if | 3 |
| requested by the victim's parents or legal guardian, the
court | 4 |
| shall notify the victim's parents or legal guardian of the test
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| results.
The court shall provide information on the | 6 |
| availability of HIV testing
and counseling at Department of | 7 |
| Public Health facilities to all parties to
whom the results of | 8 |
| the testing are revealed and shall direct the State's
Attorney | 9 |
| to provide the information to the victim when possible.
A | 10 |
| State's Attorney may petition the court to obtain the results | 11 |
| of any HIV test
administered under this Section, and the court | 12 |
| shall grant the disclosure if
the State's Attorney shows it is | 13 |
| relevant in order to prosecute a charge of
criminal | 14 |
| transmission of HIV under Section 12-16.2 of the Criminal Code | 15 |
| of 1961
against the defendant. The court shall order that the | 16 |
| cost of any such test
shall be paid by the county and may be | 17 |
| taxed as costs against the convicted
defendant.
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| (g-5) When an inmate is tested for an airborne communicable | 19 |
| disease, as
determined by the Illinois Department of Public | 20 |
| Health including but not
limited to tuberculosis, the results | 21 |
| of the test shall be
personally delivered by the warden or his | 22 |
| or her designee in a sealed envelope
to the judge of the court | 23 |
| in which the inmate must appear for the judge's
inspection in | 24 |
| camera if requested by the judge. Acting in accordance with the
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| best interests of those in the courtroom, the judge shall have | 26 |
| the discretion
to determine what if any precautions need to be |
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LRB096 16799 RLC 32106 b |
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| taken to prevent transmission
of the disease in the courtroom.
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| (h) Whenever a defendant is convicted of an offense under | 3 |
| Section 1 or 2
of the Hypodermic Syringes and Needles Act, the | 4 |
| defendant shall undergo
medical testing to determine whether | 5 |
| the defendant has been exposed to human
immunodeficiency virus | 6 |
| (HIV) or any other identified causative agent of
acquired | 7 |
| immunodeficiency syndrome (AIDS). Except as otherwise provided | 8 |
| by
law, the results of such test shall be kept strictly | 9 |
| confidential by all
medical personnel involved in the testing | 10 |
| and must be personally delivered in a
sealed envelope to the | 11 |
| judge of the court in which the conviction was entered
for the | 12 |
| judge's inspection in camera. Acting in accordance with the | 13 |
| best
interests of the public, the judge shall have the | 14 |
| discretion to determine to
whom, if anyone, the results of the | 15 |
| testing may be revealed. The court shall
notify the defendant | 16 |
| of a positive test showing an infection with the human
| 17 |
| immunodeficiency virus (HIV). The court shall provide | 18 |
| information on the
availability of HIV testing and counseling | 19 |
| at Department of Public Health
facilities to all parties to | 20 |
| whom the results of the testing are revealed and
shall direct | 21 |
| the State's Attorney to provide the information to the victim | 22 |
| when
possible. A State's Attorney may petition the court to | 23 |
| obtain the results of
any HIV test administered under this | 24 |
| Section, and the court shall grant the
disclosure if the | 25 |
| State's Attorney shows it is relevant in order to prosecute a
| 26 |
| charge of criminal transmission of HIV under Section 12-16.2 of |
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LRB096 16799 RLC 32106 b |
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| the Criminal
Code of 1961 against the defendant. The court | 2 |
| shall order that the cost of any
such test shall be paid by the | 3 |
| county and may be taxed as costs against the
convicted | 4 |
| defendant.
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| (i) All fines and penalties imposed under this Section for | 6 |
| any violation
of Chapters 3, 4, 6, and 11 of the Illinois | 7 |
| Vehicle Code, or a similar
provision of a local ordinance, and | 8 |
| any violation
of the Child Passenger Protection Act, or a | 9 |
| similar provision of a local
ordinance, shall be collected and | 10 |
| disbursed by the circuit
clerk as provided under Section 27.5 | 11 |
| of the Clerks of Courts Act.
| 12 |
| (j) In cases when prosecution for any violation of Section | 13 |
| 11-6, 11-8,
11-9, 11-11, 11-14, 11-15, 11-15.1, 11-16, 11-17, | 14 |
| 11-17.1, 11-18, 11-18.1,
11-19, 11-19.1, 11-19.2, 11-20.1, | 15 |
| 11-21, 12-13, 12-14, 12-14.1, 12-15, or
12-16 of the
Criminal | 16 |
| Code of 1961, any violation of the Illinois Controlled | 17 |
| Substances Act,
any violation of the Cannabis Control Act, or | 18 |
| any violation of the Methamphetamine Control and Community | 19 |
| Protection Act results in conviction, a
disposition of court | 20 |
| supervision, or an order of probation granted under
Section 10 | 21 |
| of the Cannabis Control Act, Section 410 of the Illinois
| 22 |
| Controlled Substance Act, or Section 70 of the Methamphetamine | 23 |
| Control and Community Protection Act of a defendant, the court | 24 |
| shall determine whether the
defendant is employed by a facility | 25 |
| or center as defined under the Child Care
Act of 1969, a public | 26 |
| or private elementary or secondary school, or otherwise
works |
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LRB096 16799 RLC 32106 b |
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| with children under 18 years of age on a daily basis. When a | 2 |
| defendant
is so employed, the court shall order the Clerk of | 3 |
| the Court to send a copy of
the judgment of conviction or order | 4 |
| of supervision or probation to the
defendant's employer by | 5 |
| certified mail.
If the employer of the defendant is a school, | 6 |
| the Clerk of the Court shall
direct the mailing of a copy of | 7 |
| the judgment of conviction or order of
supervision or probation | 8 |
| to the appropriate regional superintendent of schools.
The | 9 |
| regional superintendent of schools shall notify the State Board | 10 |
| of
Education of any notification under this subsection.
| 11 |
| (j-5) A defendant at least 17 years of age who is convicted | 12 |
| of a felony and
who has not been previously convicted of a | 13 |
| misdemeanor or felony and who is
sentenced to a term of | 14 |
| imprisonment in the Illinois Department of Corrections
shall as | 15 |
| a condition of his or her sentence be required by the court to | 16 |
| attend
educational courses designed to prepare the defendant | 17 |
| for a high school diploma
and to work toward a high school | 18 |
| diploma or to work toward passing the high
school level Test of | 19 |
| General Educational Development (GED) or to work toward
| 20 |
| completing a vocational training program offered by the | 21 |
| Department of
Corrections. If a defendant fails to complete the | 22 |
| educational training
required by his or her sentence during the | 23 |
| term of incarceration, the Prisoner
Review Board shall, as a | 24 |
| condition of mandatory supervised release, require the
| 25 |
| defendant, at his or her own expense, to pursue a course of | 26 |
| study toward a high
school diploma or passage of the GED test. |
|
|
|
HB6055 |
- 17 - |
LRB096 16799 RLC 32106 b |
|
| 1 |
| The Prisoner Review Board shall
revoke the mandatory supervised | 2 |
| release of a defendant who wilfully fails to
comply with this | 3 |
| subsection (j-5) upon his or her release from confinement in a
| 4 |
| penal institution while serving a mandatory supervised release | 5 |
| term; however,
the inability of the defendant after making a | 6 |
| good faith effort to obtain
financial aid or pay for the | 7 |
| educational training shall not be deemed a wilful
failure to | 8 |
| comply. The Prisoner Review Board shall recommit the defendant
| 9 |
| whose mandatory supervised release term has been revoked under | 10 |
| this subsection
(j-5) as provided in Section 3-3-9. This | 11 |
| subsection (j-5) does not apply to a
defendant who has a high | 12 |
| school diploma or has successfully passed the GED
test. This | 13 |
| subsection (j-5) does not apply to a defendant who is | 14 |
| determined by
the court to be developmentally disabled or | 15 |
| otherwise mentally incapable of
completing the educational or | 16 |
| vocational program.
| 17 |
| (k) (Blank).
| 18 |
| (l) (A) Except as provided
in paragraph (C) of subsection | 19 |
| (l), whenever a defendant,
who is an alien as defined by | 20 |
| the Immigration and Nationality Act, is convicted
of any | 21 |
| felony or misdemeanor offense, the court after sentencing | 22 |
| the defendant
may, upon motion of the State's Attorney, | 23 |
| hold sentence in abeyance and remand
the defendant to the | 24 |
| custody of the Attorney General of
the United States or his | 25 |
| or her designated agent to be deported when:
| 26 |
| (1) a final order of deportation has been issued |
|
|
|
HB6055 |
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LRB096 16799 RLC 32106 b |
|
| 1 |
| against the defendant
pursuant to proceedings under | 2 |
| the Immigration and Nationality Act, and
| 3 |
| (2) the deportation of the defendant would not | 4 |
| deprecate the seriousness
of the defendant's conduct | 5 |
| and would not be inconsistent with the ends of
justice.
| 6 |
| Otherwise, the defendant shall be sentenced as | 7 |
| provided in this Chapter V.
| 8 |
| (B) If the defendant has already been sentenced for a | 9 |
| felony or
misdemeanor
offense, or has been placed on | 10 |
| probation under Section 10 of the Cannabis
Control Act,
| 11 |
| Section 410 of the Illinois Controlled Substances Act, or | 12 |
| Section 70 of the Methamphetamine Control and Community | 13 |
| Protection Act, the court
may, upon motion of the State's | 14 |
| Attorney to suspend the
sentence imposed, commit the | 15 |
| defendant to the custody of the Attorney General
of the | 16 |
| United States or his or her designated agent when:
| 17 |
| (1) a final order of deportation has been issued | 18 |
| against the defendant
pursuant to proceedings under | 19 |
| the Immigration and Nationality Act, and
| 20 |
| (2) the deportation of the defendant would not | 21 |
| deprecate the seriousness
of the defendant's conduct | 22 |
| and would not be inconsistent with the ends of
justice.
| 23 |
| (C) This subsection (l) does not apply to offenders who | 24 |
| are subject to the
provisions of paragraph (2) of | 25 |
| subsection (a) of Section 3-6-3.
| 26 |
| (D) Upon motion of the State's Attorney, if a defendant |
|
|
|
HB6055 |
- 19 - |
LRB096 16799 RLC 32106 b |
|
| 1 |
| sentenced under
this Section returns to the jurisdiction of | 2 |
| the United States, the defendant
shall be recommitted to | 3 |
| the custody of the county from which he or she was
| 4 |
| sentenced.
Thereafter, the defendant shall be brought | 5 |
| before the sentencing court, which
may impose any sentence | 6 |
| that was available under Section 5-5-3 at the time of
| 7 |
| initial sentencing. In addition, the defendant shall not be | 8 |
| eligible for
additional good conduct credit for | 9 |
| meritorious service as provided under
Section 3-6-6.
| 10 |
| (m) A person convicted of criminal defacement of property | 11 |
| under Section
21-1.3 of the Criminal Code of 1961, in which the | 12 |
| property damage exceeds $300
and the property damaged is a | 13 |
| school building, shall be ordered to perform
community service | 14 |
| that may include cleanup, removal, or painting over the
| 15 |
| defacement.
| 16 |
| (n) The court may sentence a person convicted of a | 17 |
| violation of Section
12-19, 12-21, or 16-1.3 of the Criminal | 18 |
| Code of 1961 (i) to an impact
incarceration program if the | 19 |
| person is otherwise eligible for that program
under Section | 20 |
| 5-8-1.1, (ii) to community service, or (iii) if the person is | 21 |
| an
addict or alcoholic, as defined in the Alcoholism and Other | 22 |
| Drug Abuse and
Dependency Act, to a substance or alcohol abuse | 23 |
| program licensed under that
Act. | 24 |
| (o) Whenever a person is convicted of a sex offense as | 25 |
| defined in Section 2 of the Sex Offender Registration Act, the | 26 |
| defendant's driver's license or permit shall be subject to |
|
|
|
HB6055 |
- 20 - |
LRB096 16799 RLC 32106 b |
|
| 1 |
| renewal on an annual basis in accordance with the provisions of | 2 |
| license renewal established by the Secretary of State.
| 3 |
| (Source: P.A. 95-188, eff. 8-16-07; 95-259, eff. 8-17-07; | 4 |
| 95-331, eff. 8-21-07; 95-377, eff. 1-1-08; 95-579, eff. 6-1-08; | 5 |
| 95-876, eff. 8-21-08; 95-882, eff. 1-1-09; 95-1052, eff. | 6 |
| 7-1-09; 96-348, eff. 8-12-09; 96-400, eff. 8-13-09; 96-829, | 7 |
| eff. 12-3-09.)
| 8 |
| (730 ILCS 5/5-6-1) (from Ch. 38, par. 1005-6-1)
| 9 |
| Sec. 5-6-1. Sentences of Probation and of Conditional
| 10 |
| Discharge and Disposition of Supervision.
The General Assembly | 11 |
| finds that in order to protect the public, the
criminal justice | 12 |
| system must compel compliance with the conditions of probation
| 13 |
| by responding to violations with swift, certain and fair | 14 |
| punishments and
intermediate sanctions. The Chief Judge of each | 15 |
| circuit shall adopt a system of
structured, intermediate | 16 |
| sanctions for violations of the terms and conditions
of a | 17 |
| sentence of probation, conditional discharge or disposition of
| 18 |
| supervision.
| 19 |
| (a) Except where specifically prohibited by other
| 20 |
| provisions of this Code, the court shall impose a sentence
of | 21 |
| probation or conditional discharge upon an offender
unless, | 22 |
| having regard to the nature and circumstance of
the offense, | 23 |
| and to the history, character and condition
of the offender, | 24 |
| the court is of the opinion that:
| 25 |
| (1) his imprisonment or periodic imprisonment is |
|
|
|
HB6055 |
- 21 - |
LRB096 16799 RLC 32106 b |
|
| 1 |
| necessary
for the protection of the public; or
| 2 |
| (2) probation or conditional discharge would deprecate
| 3 |
| the seriousness of the offender's conduct and would be
| 4 |
| inconsistent with the ends of justice; or
| 5 |
| (3) a combination of imprisonment with concurrent or | 6 |
| consecutive probation when an offender has been admitted | 7 |
| into a drug court program under Section 20 of the Drug | 8 |
| Court Treatment Act is necessary for the protection of the | 9 |
| public and for the rehabilitation of the offender.
| 10 |
| The court shall impose as a condition of a sentence of | 11 |
| probation,
conditional discharge, or supervision, that the | 12 |
| probation agency may invoke any
sanction from the list of | 13 |
| intermediate sanctions adopted by the chief judge of
the | 14 |
| circuit court for violations of the terms and conditions of the | 15 |
| sentence of
probation, conditional discharge, or supervision, | 16 |
| subject to the provisions of
Section 5-6-4 of this Act.
| 17 |
| (b) The court may impose a sentence of conditional
| 18 |
| discharge for an offense if the court is of the opinion
that | 19 |
| neither a sentence of imprisonment nor of periodic
imprisonment | 20 |
| nor of probation supervision is appropriate.
| 21 |
| (b-1) Subsections (a) and (b) of this Section do not apply | 22 |
| to a defendant charged with a misdemeanor or felony under the | 23 |
| Illinois Vehicle Code or reckless homicide under Section 9-3 of | 24 |
| the Criminal Code of 1961 if the defendant within the past 12 | 25 |
| months has been convicted of or pleaded guilty to a misdemeanor | 26 |
| or felony under the Illinois Vehicle Code or reckless homicide |
|
|
|
HB6055 |
- 22 - |
LRB096 16799 RLC 32106 b |
|
| 1 |
| under Section 9-3 of the Criminal Code of 1961. | 2 |
| (b-2) Subsections (a) and (b) of this Section do not apply | 3 |
| to a defendant charged with reckless homicide under Section 9-3 | 4 |
| of the Criminal Code of 1961. | 5 |
| (c) The court may, upon a plea of guilty or a stipulation
| 6 |
| by the defendant of the facts supporting the charge or a
| 7 |
| finding of guilt, defer further proceedings and the
imposition | 8 |
| of a sentence, and enter an order for supervision of the | 9 |
| defendant,
if the defendant is not charged with: (i) a Class A | 10 |
| misdemeanor, as
defined by the following provisions of the | 11 |
| Criminal Code of 1961: Sections
11-9.1; 12-3.2; 12-15; 26-5; | 12 |
| 31-1; 31-6; 31-7; subsections (b) and (c) of Section
21-1;
| 13 |
| paragraph (1) through (5), (8), (10), and (11) of subsection | 14 |
| (a) of Section
24-1; (ii) a Class A misdemeanor violation of | 15 |
| Section
3.01,
3.03-1, or 4.01 of the Humane Care
for Animals | 16 |
| Act; or (iii)
a felony.
If the defendant
is not barred from | 17 |
| receiving an order for supervision as provided in this
| 18 |
| subsection, the court may enter an order for supervision after | 19 |
| considering the
circumstances of the offense, and the history,
| 20 |
| character and condition of the offender, if the court is of the | 21 |
| opinion
that:
| 22 |
| (1) the offender is not likely to commit further | 23 |
| crimes;
| 24 |
| (2) the defendant and the public would be best served | 25 |
| if the
defendant were not to receive a criminal record; and
| 26 |
| (3) in the best interests of justice an order of |
|
|
|
HB6055 |
- 23 - |
LRB096 16799 RLC 32106 b |
|
| 1 |
| supervision
is more appropriate than a sentence otherwise | 2 |
| permitted under this Code.
| 3 |
| (c-5) Subsections (a), (b), and (c) of this Section do not | 4 |
| apply to a defendant charged with a second or subsequent | 5 |
| violation of Section 6-303 of the Illinois Vehicle Code | 6 |
| committed while his or her driver's license, permit or | 7 |
| privileges were revoked because of a violation of Section 9-3 | 8 |
| of the Criminal Code of 1961, relating to the offense of | 9 |
| reckless homicide, or a similar provision of a law of another | 10 |
| state.
| 11 |
| (d) The provisions of paragraph (c) shall not apply to a | 12 |
| defendant charged
with violating Section 11-501 of the Illinois | 13 |
| Vehicle Code or a similar
provision of a local
ordinance when | 14 |
| the defendant has previously been:
| 15 |
| (1) convicted for a violation of Section 11-501 of
the | 16 |
| Illinois Vehicle
Code or a similar provision of a
local | 17 |
| ordinance or any similar law or ordinance of another state; | 18 |
| or
| 19 |
| (2) assigned supervision for a violation of Section | 20 |
| 11-501 of the Illinois
Vehicle Code or a similar provision | 21 |
| of a local ordinance or any similar law
or ordinance of | 22 |
| another state; or
| 23 |
| (3) pleaded guilty to or stipulated to the facts | 24 |
| supporting
a charge or a finding of guilty to a violation | 25 |
| of Section 11-503 of the
Illinois Vehicle Code or a similar | 26 |
| provision of a local ordinance or any
similar law or |
|
|
|
HB6055 |
- 24 - |
LRB096 16799 RLC 32106 b |
|
| 1 |
| ordinance of another state, and the
plea or stipulation was | 2 |
| the result of a plea agreement.
| 3 |
| The court shall consider the statement of the prosecuting
| 4 |
| authority with regard to the standards set forth in this | 5 |
| Section.
| 6 |
| (e) The provisions of paragraph (c) shall not apply to a | 7 |
| defendant
charged with violating Section 16A-3 of the Criminal | 8 |
| Code of 1961 if said
defendant has within the last 5 years | 9 |
| been:
| 10 |
| (1) convicted for a violation of Section 16A-3 of the | 11 |
| Criminal Code of
1961; or
| 12 |
| (2) assigned supervision for a violation of Section | 13 |
| 16A-3 of the Criminal
Code of 1961.
| 14 |
| The court shall consider the statement of the prosecuting | 15 |
| authority with
regard to the standards set forth in this | 16 |
| Section.
| 17 |
| (f) The provisions of paragraph (c) shall not apply to a | 18 |
| defendant
charged with violating Sections 15-111, 15-112, | 19 |
| 15-301, paragraph (b)
of Section 6-104, Section 11-605, Section | 20 |
| 11-1002.5, or Section 11-1414
of the Illinois Vehicle Code or a | 21 |
| similar provision of a local ordinance.
| 22 |
| (g) Except as otherwise provided in paragraph (i) of this | 23 |
| Section, the
provisions of paragraph (c) shall not apply to a
| 24 |
| defendant charged with violating Section
3-707, 3-708, 3-710, | 25 |
| or 5-401.3
of the Illinois Vehicle Code or a similar provision | 26 |
| of a local ordinance if the
defendant has within the last 5 |
|
|
|
HB6055 |
- 25 - |
LRB096 16799 RLC 32106 b |
|
| 1 |
| years been:
| 2 |
| (1) convicted for a violation of Section 3-707, 3-708, | 3 |
| 3-710, or 5-401.3
of the Illinois Vehicle Code or a similar | 4 |
| provision of a local
ordinance; or
| 5 |
| (2) assigned supervision for a violation of Section | 6 |
| 3-707, 3-708, 3-710,
or 5-401.3 of the Illinois Vehicle | 7 |
| Code or a similar provision of a local
ordinance.
| 8 |
| The court shall consider the statement of the prosecuting | 9 |
| authority with
regard to the standards set forth in this | 10 |
| Section.
| 11 |
| (h) The provisions of paragraph (c) shall not apply to a | 12 |
| defendant under
the age of 21 years charged with violating a | 13 |
| serious traffic offense as defined
in Section 1-187.001 of the | 14 |
| Illinois Vehicle Code:
| 15 |
| (1) unless the defendant, upon payment of the fines, | 16 |
| penalties, and costs
provided by law, agrees to attend and | 17 |
| successfully complete a traffic safety
program approved by | 18 |
| the court under standards set by the Conference of Chief
| 19 |
| Circuit Judges. The accused shall be responsible for | 20 |
| payment of any traffic
safety program fees. If the accused | 21 |
| fails to file a certificate of
successful completion on or | 22 |
| before the termination date of the supervision
order, the | 23 |
| supervision shall be summarily revoked and conviction | 24 |
| entered. The
provisions of Supreme Court Rule 402 relating | 25 |
| to pleas of guilty do not apply
in cases when a defendant | 26 |
| enters a guilty plea under this provision; or
|
|
|
|
HB6055 |
- 26 - |
LRB096 16799 RLC 32106 b |
|
| 1 |
| (2) if the defendant has previously been sentenced | 2 |
| under the provisions of
paragraph (c) on or after January | 3 |
| 1, 1998 for any serious traffic offense as
defined in | 4 |
| Section 1-187.001 of the Illinois Vehicle Code.
| 5 |
| (h-1) The provisions of paragraph (c) shall not apply to a | 6 |
| defendant under the age of 21 years charged with an offense | 7 |
| against traffic regulations governing the movement of vehicles | 8 |
| or any violation of Section 6-107 or Section 12-603.1 of the | 9 |
| Illinois Vehicle Code, unless the defendant, upon payment of | 10 |
| the fines, penalties, and costs provided by law, agrees to | 11 |
| attend and successfully complete a traffic safety program | 12 |
| approved by the court under standards set by the Conference of | 13 |
| Chief Circuit Judges. The accused shall be responsible for | 14 |
| payment of any traffic safety program fees. If the accused | 15 |
| fails to file a certificate of successful completion on or | 16 |
| before the termination date of the supervision order, the | 17 |
| supervision shall be summarily revoked and conviction entered. | 18 |
| The provisions of Supreme Court Rule 402 relating to pleas of | 19 |
| guilty do not apply in cases when a defendant enters a guilty | 20 |
| plea under this provision.
| 21 |
| (i) The provisions of paragraph (c) shall not apply to a | 22 |
| defendant charged
with violating Section 3-707 of the Illinois | 23 |
| Vehicle Code or a similar
provision of a local ordinance if the | 24 |
| defendant has been assigned supervision
for a violation of | 25 |
| Section 3-707 of the Illinois Vehicle Code or a similar
| 26 |
| provision of a local ordinance.
|
|
|
|
HB6055 |
- 27 - |
LRB096 16799 RLC 32106 b |
|
| 1 |
| (j) The provisions of paragraph (c) shall not apply to a
| 2 |
| defendant charged with violating
Section 6-303 of the Illinois | 3 |
| Vehicle Code or a similar provision of
a local ordinance when | 4 |
| the revocation or suspension was for a violation of
Section | 5 |
| 11-501 or a similar provision of a local ordinance or a | 6 |
| violation of
Section 11-501.1 or paragraph (b) of Section | 7 |
| 11-401 of the Illinois Vehicle
Code if the
defendant has within | 8 |
| the last 10 years been:
| 9 |
| (1) convicted for a violation of Section 6-303 of the | 10 |
| Illinois Vehicle
Code or a similar provision of a local | 11 |
| ordinance; or
| 12 |
| (2) assigned supervision for a violation of Section | 13 |
| 6-303 of the Illinois
Vehicle Code or a similar provision | 14 |
| of a local ordinance. | 15 |
| (k) The provisions of paragraph (c) shall not apply to a
| 16 |
| defendant charged with violating
any provision of the Illinois | 17 |
| Vehicle Code or a similar provision of a local ordinance that | 18 |
| governs the movement of vehicles if, within the 12 months | 19 |
| preceding the date of the defendant's arrest, the defendant has | 20 |
| been assigned court supervision on 2 occasions for a violation | 21 |
| that governs the movement of vehicles under the Illinois | 22 |
| Vehicle Code or a similar provision of a local ordinance.
The | 23 |
| provisions of this paragraph (k) do not apply to a defendant | 24 |
| charged with violating Section 11-501 of the Illinois Vehicle | 25 |
| Code or a similar provision of a local ordinance.
| 26 |
| (l) A defendant charged with violating any provision of the |
|
|
|
HB6055 |
- 28 - |
LRB096 16799 RLC 32106 b |
|
| 1 |
| Illinois Vehicle Code or a similar provision of a local | 2 |
| ordinance who receives a disposition of supervision under | 3 |
| subsection (c) shall pay an additional fee of $29, to be | 4 |
| collected as provided in Sections 27.5 and 27.6 of the Clerks | 5 |
| of Courts Act. In addition to the $29 fee, the person shall | 6 |
| also pay a fee of $6, which, if not waived by the court, shall | 7 |
| be collected as provided in Sections 27.5 and 27.6 of the | 8 |
| Clerks of Courts Act. The $29 fee shall be disbursed as | 9 |
| provided in Section 16-104c of the Illinois Vehicle Code. If | 10 |
| the $6 fee is collected, $5.50 of the fee shall be deposited | 11 |
| into the Circuit Court Clerk Operation and Administrative Fund | 12 |
| created by the Clerk of the Circuit Court and 50 cents of the | 13 |
| fee shall be deposited into the Prisoner Review Board Vehicle | 14 |
| and Equipment Fund in the State treasury.
| 15 |
| (m) Any person convicted of, pleading guilty to, or placed | 16 |
| on supervision for a serious traffic violation, as defined in | 17 |
| Section 1-187.001 of the Illinois Vehicle Code, a violation of | 18 |
| Section 11-501 of the Illinois Vehicle Code, or a violation of | 19 |
| a similar provision of a local ordinance shall pay an | 20 |
| additional fee of $20, to be disbursed as provided in Section | 21 |
| 16-104d of that Code. | 22 |
| This subsection (m) becomes inoperative 7 years after | 23 |
| October 13, 2007 (the effective date of Public Act 95-154).
| 24 |
| (n)
The provisions of paragraph (c) shall not apply to any | 25 |
| person under the age of 18 who commits an offense against | 26 |
| traffic regulations governing the movement of vehicles or any |
|
|
|
HB6055 |
- 29 - |
LRB096 16799 RLC 32106 b |
|
| 1 |
| violation of Section 6-107 or Section 12-603.1 of the Illinois | 2 |
| Vehicle Code, except upon personal appearance of the defendant | 3 |
| in court and upon the written consent of the defendant's parent | 4 |
| or legal guardian, executed before the presiding judge. The | 5 |
| presiding judge shall have the authority to waive this | 6 |
| requirement upon the showing of good cause by the defendant.
| 7 |
| (o)
The provisions of paragraph (c) shall not apply to a | 8 |
| defendant charged with violating Section 6-303 of the Illinois | 9 |
| Vehicle Code or a similar provision of a local ordinance when | 10 |
| the suspension was for a violation of Section 11-501.1 of the | 11 |
| Illinois Vehicle Code and when: | 12 |
| (1) at the time of the violation of Section 11-501.1 of | 13 |
| the Illinois Vehicle Code, the defendant was a first | 14 |
| offender pursuant to Section 11-500 of the Illinois Vehicle | 15 |
| Code and the defendant failed to obtain a monitoring device | 16 |
| driving permit; or | 17 |
| (2) at the time of the violation of Section 11-501.1 of | 18 |
| the Illinois Vehicle Code, the defendant was a first | 19 |
| offender pursuant to Section 11-500 of the Illinois Vehicle | 20 |
| Code, had subsequently obtained a monitoring device | 21 |
| driving permit, but was driving a vehicle not equipped with | 22 |
| a breath alcohol ignition interlock device as defined in | 23 |
| Section 1-129.1 of the Illinois Vehicle Code.
| 24 |
| (Source: P.A. 95-154, eff. 10-13-07; 95-302, eff. 1-1-08; | 25 |
| 95-310, eff. 1-1-08; 95-377, eff. 1-1-08; 95-400, eff. 1-1-09; | 26 |
| 95-428, 8-24-07; 95-876, eff. 8-21-08; 96-253, eff. 8-11-09; |
|
|
|
HB6055 |
- 30 - |
LRB096 16799 RLC 32106 b |
|
| 1 |
| 96-286, eff. 8-11-09; 96-328, eff. 8-11-09; 96-625, eff. | 2 |
| 1-1-10; revised 10-1-09.)
| 3 |
| Section 99. Effective date. This Act takes effect upon | 4 |
| becoming law.
|
|