Full Text of HB3821 93rd General Assembly
HB3821eng 93RD GENERAL ASSEMBLY
|
|
|
HB3821 Engrossed |
|
LRB093 12239 DRH 17458 b |
|
| 1 |
| AN ACT in relation to vehicles.
| 2 |
| Be it enacted by the People of the State of Illinois, | 3 |
| represented in the General Assembly:
| 4 |
| Section 5. The Boat Registration and Safety Act is amended | 5 |
| by changing
Sections 5-2, 5-16, 6-1, 11A-3, 11A-4, and 11A-5 as | 6 |
| follows:
| 7 |
| (625 ILCS 45/5-2) (from Ch. 95 1/2, par. 315-2)
| 8 |
| Sec. 5-2. Reckless operation.
| 9 |
| (a) No person shall operate any watercraft,
specialty | 10 |
| prop-craft, personal watercraft or manipulate any water skis,
| 11 |
| aquaplane, or similar device in such a manner as to willfully | 12 |
| or wantonly
endanger the life, limb or property of any person, | 13 |
| to weave through
congested traffic, to jump the wake of another | 14 |
| vessel unreasonably or
unnecessarily close to the other vessel | 15 |
| or when visibility around the other
vessel is obstructed, to | 16 |
| wait until the last possible moment to swerve to
avoid | 17 |
| collision, or operate any watercraft so as to approach or pass
| 18 |
| another watercraft in such a manner or at such a rate of speed | 19 |
| as to create
a hazardous wake or wash.
| 20 |
| (b) A person convicted of committing a violation of this | 21 |
| Section shall be
guilty of aggravated reckless operation of a | 22 |
| watercraft if the violation of
this Section resulted in great | 23 |
| bodily harm or permanent disability or
disfigurement of | 24 |
| another, when the violation was a proximate cause of the
| 25 |
| injuries.
| 26 |
| (Source: P.A. 87-798.)
| 27 |
| (625 ILCS 45/5-16)
| 28 |
| Sec. 5-16. Operating a watercraft under the influence of | 29 |
| alcohol,
other drug, or combination thereof.
| 30 |
| (A) 1. A person shall not operate or be in actual physical | 31 |
| control of
any watercraft within this State while:
|
|
|
|
HB3821 Engrossed |
- 2 - |
LRB093 12239 DRH 17458 b |
|
| 1 |
| (a) The alcohol concentration in such person's | 2 |
| blood or breath is a
concentration at which driving a | 3 |
| motor vehicle is prohibited under subdivision
(1) of | 4 |
| subsection (a) of
Section 11-501 of the Illinois | 5 |
| Vehicle Code;
| 6 |
| (b) Under the influence of alcohol;
| 7 |
| (c) Under the influence of any other drug or | 8 |
| combination of drugs to a
degree which renders such | 9 |
| person incapable of safely operating
any watercraft;
| 10 |
| (d) Under the combined influence of alcohol and any | 11 |
| other drug or
drugs to a degree which renders such | 12 |
| person incapable of safely operating
a watercraft; or
| 13 |
| (e) There is any amount of a drug, substance, or | 14 |
| compound in the
person's blood or urine resulting from | 15 |
| the unlawful use or consumption of
cannabis as defined | 16 |
| in the Cannabis Control Act or a controlled substance
| 17 |
| listed in the Illinois Controlled Substances Act.
| 18 |
| 2. The fact that any person charged with violating this | 19 |
| Section is or
has been legally entitled to use alcohol, or | 20 |
| other drugs, or any combination of
both, shall not | 21 |
| constitute a defense against any charge of violating this
| 22 |
| Section.
| 23 |
| 3. Every person convicted of violating this Section | 24 |
| shall be guilty of a
Class A misdemeanor, except as | 25 |
| otherwise provided in this Section.
| 26 |
| 4. Every person convicted of violating this Section
| 27 |
| shall be guilty of a Class 4 felony if: | 28 |
| (a) He has a previous conviction under this
| 29 |
| Section; | 30 |
| (b) The offense results in personal injury where
a | 31 |
| person other than the operator suffers great bodily | 32 |
| harm or permanent disability or disfigurement, when | 33 |
| the violation was a proximate cause of the injuries. A | 34 |
| person guilty of a Class 4 felony under this | 35 |
| subparagraph (b), if sentenced to a term of | 36 |
| imprisonment, shall be sentenced to a term of not less |
|
|
|
HB3821 Engrossed |
- 3 - |
LRB093 12239 DRH 17458 b |
|
| 1 |
| than one year nor more than 12 years; or | 2 |
| (c) The offense occurred during a period in
which | 3 |
| his or her privileges to operate a watercraft are | 4 |
| revoked or suspended, and the revocation or suspension | 5 |
| was for a violation of this Section or was imposed | 6 |
| under subsection (B). | 7 |
| 5. Every person convicted of violating this Section | 8 |
| shall be
guilty of a Class 2 felony if the offense results | 9 |
| in the death of a
person.
A person guilty of a Class 2 | 10 |
| felony under this paragraph 5, if sentenced to a
term of | 11 |
| imprisonment, shall be sentenced to a term of not less than | 12 |
| 3 years
and not more than 14 years.
| 13 |
| 6. (a) In addition to any criminal penalties imposed, | 14 |
| the Department of
Natural Resources shall suspend the | 15 |
| watercraft operation privileges of any
person
| 16 |
| convicted or found guilty of a misdemeanor under this | 17 |
| Section , or a similar provision of a local ordinance or | 18 |
| Title 46, Part A, Chapter 23, Section 2302 of the U.S. | 19 |
| Code of Federal Regulations, for a period
of one year, | 20 |
| except that a first time offender who is placed on | 21 |
| court supervision is exempt from this mandatory
one | 22 |
| year suspension.
| 23 |
| (b) In addition to any criminal penalties imposed, | 24 |
| the Department of
Natural Resources shall suspend the | 25 |
| watercraft operation privileges of any
person
| 26 |
| convicted of a felony under this Section , or a similar | 27 |
| provision of a local ordinance or federal law, or | 28 |
| Section 9-3 of the Criminal Code, for a period of 3 | 29 |
| years. | 30 |
| (B) 1. Any person who operates or is in actual physical | 31 |
| control of any
watercraft upon the waters of this
State | 32 |
| shall be deemed to have given consent to a chemical test or | 33 |
| tests of
blood, breath or urine for the purpose of | 34 |
| determining the alcohol, other
drug, or combination | 35 |
| thereof content of such person's blood if arrested for
any | 36 |
| offense of subsection (A) above. The test or tests shall be |
|
|
|
HB3821 Engrossed |
- 4 - |
LRB093 12239 DRH 17458 b |
|
| 1 |
| administered at
the direction of the arresting officer.
| 2 |
| 2. Any person who is dead, unconscious or who is | 3 |
| otherwise in a condition
rendering such person incapable of | 4 |
| refusal, shall be deemed not to have
withdrawn the consent | 5 |
| provided above.
| 6 |
| 3. A person requested to submit to a test as provided | 7 |
| above shall be
verbally advised by the law enforcement | 8 |
| officer requesting the test that a
refusal to submit to the | 9 |
| test will result in suspension of such person's
privilege | 10 |
| to operate a watercraft. Following this warning, if a | 11 |
| person
under arrest refuses upon the request of a law | 12 |
| enforcement officer to
submit to a test designated by the | 13 |
| officer, none
shall be given, but the law enforcement | 14 |
| officer shall file with the clerk
of the circuit court for | 15 |
| the county in which the arrest was made, a sworn
statement | 16 |
| naming the person refusing to take and complete the test or | 17 |
| tests
requested under the provisions of this Section. Such | 18 |
| sworn statement shall
identify the arrested person, such | 19 |
| person's current residence address and
shall specify that a | 20 |
| refusal by such person to take the test or tests was
made. | 21 |
| Such sworn statement shall include a statement that the | 22 |
| arresting
officer had reasonable cause to believe the | 23 |
| person was operating or was in
actual physical control of
| 24 |
| the
watercraft within this State while under the influence | 25 |
| of alcohol, other
drug, or combination thereof and that | 26 |
| such test or tests were made as an
incident to and | 27 |
| following the lawful arrest for an offense as defined in
| 28 |
| this Section or a similar provision of a local ordinance, | 29 |
| and that the
person after being arrested for an offense | 30 |
| arising out of acts alleged to
have been committed while so | 31 |
| operating or in actual physical control of a
watercraft | 32 |
| refused to submit to
and complete a test or tests as | 33 |
| requested by the law enforcement officer.
| 34 |
| The clerk shall thereupon notify such person in writing | 35 |
| that the person's
privilege to operate a watercraft will be | 36 |
| suspended unless, within 28 days
from the date of mailing |
|
|
|
HB3821 Engrossed |
- 5 - |
LRB093 12239 DRH 17458 b |
|
| 1 |
| of the notice, such person shall request in
writing a | 2 |
| hearing thereon; if the person desires a hearing, such | 3 |
| person
shall file a complaint in the circuit court for and | 4 |
| in the county in which
such person was arrested for such | 5 |
| hearing. Such hearing shall proceed in
the court in the | 6 |
| same manner as other civil proceedings, shall cover only
| 7 |
| the issues of whether the person was placed under arrest | 8 |
| for an offense as
defined in this Section or a similar | 9 |
| provision of a local ordinance as
evidenced by the issuance | 10 |
| of a uniform citation; whether the arresting
officer had | 11 |
| reasonable grounds to believe that such person was | 12 |
| operating or
was in actual physical control of a
watercraft | 13 |
| while under the influence of alcohol, other drug, or | 14 |
| combination
thereof; and whether such person refused to | 15 |
| submit and complete the test or
tests upon the request of | 16 |
| the law enforcement officer. Whether the person
was | 17 |
| informed that such person's privilege to operate a | 18 |
| watercraft would be
suspended if such person refused to | 19 |
| submit to the test or tests shall not be an
issue.
| 20 |
| If the court finds against the person on the issues | 21 |
| before the court, the
clerk shall immediately notify the | 22 |
| Department of Natural Resources of the
court's decision, | 23 |
| and the Department shall suspend the watercraft operation
| 24 |
| privileges of the person for at least 2 years.
| 25 |
| 4. A person must submit to each test offered by the law | 26 |
| enforcement
officer
in order to comply with the implied | 27 |
| consent provisions of this Section.
| 28 |
| 5. The provisions of Section 11-501.2 of the Illinois | 29 |
| Vehicle Code, as
amended, concerning the certification and | 30 |
| use of chemical tests apply to the
use of such tests under | 31 |
| this Section.
| 32 |
| (C) Upon the trial of any civil or criminal action or | 33 |
| proceeding arising out
of acts alleged to have been committed | 34 |
| by any person while operating or in
actual physical control of
| 35 |
| a
watercraft while under the influence of alcohol, the | 36 |
| concentration of alcohol
in the person's blood or breath at the |
|
|
|
HB3821 Engrossed |
- 6 - |
LRB093 12239 DRH 17458 b |
|
| 1 |
| time alleged as shown by analysis of a
person's blood, urine, | 2 |
| breath, or other bodily substance shall give rise to the
| 3 |
| presumptions specified in subdivisions 1, 2, and 3 of
| 4 |
| subsection (b) of Section 11-501.2 of the Illinois Vehicle | 5 |
| Code. The foregoing
provisions of this subsection (C) shall not | 6 |
| be
construed
as limiting the introduction of any other relevant | 7 |
| evidence bearing upon the
question whether the person was under | 8 |
| the influence of alcohol.
| 9 |
| (D) If a person under arrest refuses to submit to a | 10 |
| chemical test under
the provisions of this Section, evidence of | 11 |
| refusal shall be admissible in
any civil or criminal action or | 12 |
| proceeding arising out of acts alleged to
have been committed | 13 |
| while the person under the influence of alcohol, or
other | 14 |
| drugs, or combination of both was operating or was in actual | 15 |
| physical
control of a watercraft.
| 16 |
| (E) The owner of any watercraft or any person given | 17 |
| supervisory
authority over a watercraft, may not knowingly | 18 |
| permit a watercraft to be
operated by any person under the | 19 |
| influence of alcohol, other drug, or
combination thereof.
| 20 |
| (F) Whenever any person is convicted of a violation of this
| 21 |
| Section, the court shall notify the Division of Law Enforcement | 22 |
| of the
Department of Natural Resources, to provide the | 23 |
| Department with the records
essential for the performance of | 24 |
| the Department's duties to monitor and enforce
any order of | 25 |
| suspension or revocation concerning the privilege to operate a
| 26 |
| watercraft.
| 27 |
| (G) No person who has been arrested and charged for | 28 |
| violating paragraph 1 of
subsection (A) of this Section shall | 29 |
| operate or be in actual physical control
of any watercraft | 30 |
| within this State
for a period of 6 hours after such arrest.
| 31 |
| (Source: P.A. 92-615, eff. 1-1-03.)
| 32 |
| (625 ILCS 45/6-1) (from Ch. 95 1/2, par. 316-1)
| 33 |
| Sec. 6-1. Collisions, accidents, and casualties; reports.
| 34 |
| A. The operator of a vessel involved in a collision, | 35 |
| accident, or other
casualty, so far as he can without serious |
|
|
|
HB3821 Engrossed |
- 7 - |
LRB093 12239 DRH 17458 b |
|
| 1 |
| danger to his own vessel,
crew, passengers and guests, if any, | 2 |
| shall render to other persons affected
by the collision, | 3 |
| accident, or other casualty assistance as may be
practicable | 4 |
| and as may be necessary in order to save them from or minimize
| 5 |
| any danger caused by the collision, accident, or other | 6 |
| casualty, and also
shall give his name, address, and | 7 |
| identification of his vessel to any
person injured and to the | 8 |
| owner of any property damaged in the collision,
accident, or | 9 |
| other casualty.
| 10 |
| If the collision, accident, or other casualty has resulted | 11 |
| in the death of
or
personal injury to any person, failure to | 12 |
| comply with this subsection A is a
Class A
misdemeanor.
| 13 |
| A-1. Any operator of a vessel that either (1) is used by | 14 |
| its operator for recreational purposes or (2) is required to be | 15 |
| numbered by or under the authority of this State, who has | 16 |
| failed to stop or to comply with the
requirements of subsection | 17 |
| A must, as soon as possible but in no case
later than one hour | 18 |
| after
the collision, accident, or other casualty, or, if | 19 |
| hospitalized and
incapacitated from reporting at any
time | 20 |
| during that period, as soon as possible but in no case later | 21 |
| than one
hour
after
being discharged from the
hospital, report | 22 |
| the date, place, and approximate time
of the collision,
| 23 |
| accident, or other casualty, the watercraft operator's name and | 24 |
| address, the
identification number of the watercraft, if any, | 25 |
| and the names of all other
occupants of the watercraft, at a | 26 |
| police station or sheriff's office near the
location where the | 27 |
| collision, accident, or other casualty occurred. A report
made | 28 |
| as required under this subsection
A-1 may not be used, directly | 29 |
| or indirectly, as a basis for the
prosecution of any violation | 30 |
| of subsection A.
| 31 |
| As used in this Section, "personal injury" means any injury | 32 |
| requiring medical treatment beyond first aid.
| 33 |
| Any person failing to comply with this subsection A-1 is
| 34 |
| guilty
of
a Class 4 felony if the collision, accident, or other | 35 |
| casualty
does not result in the death of any person.
Any person | 36 |
| failing to comply with this subsection A-1
when the collision, |
|
|
|
HB3821 Engrossed |
- 8 - |
LRB093 12239 DRH 17458 b |
|
| 1 |
| accident, or other casualty results in the death of
any person | 2 |
| is guilty of a Class 2
felony, for which the person, if
| 3 |
| sentenced to a term of imprisonment, shall be sentenced to a | 4 |
| term of not less
than 3 years and not more than 14 years.
| 5 |
| B. In the case of collision, accident, or other casualty | 6 |
| involving a
vessel, the operator, if the collision, accident, | 7 |
| or other casualty
results in death or injury to a person or | 8 |
| damage to property in excess of
$2,000 or there is a complete | 9 |
| loss of the vessel
$500 , shall file with the Department a full | 10 |
| description of the collision,
accident, or other casualty, | 11 |
| including information as the Department
may by regulation | 12 |
| require. Reports
of
the accidents must be filed with
the | 13 |
| Department on a Department Accident Report form within 5 days.
| 14 |
| C. Reports of accidents resulting
in personal injury, where | 15 |
| a person
sustains an injury requiring medical attention beyond | 16 |
| first aid
is incapacitated for a period exceeding 72 hours , | 17 |
| must be filed with the
Department on a Department Accident | 18 |
| Report form within 5 days.
Accidents
that result in loss of | 19 |
| life shall be reported to the Department on a
Department form | 20 |
| within 48 hours. | 21 |
| D. All required
accident reports and supplemental reports | 22 |
| are without
prejudice to the individual reporting, and are for | 23 |
| the confidential use
of the Department, except that the | 24 |
| Department may disclose the identity of
a person involved in an | 25 |
| accident when the identity is not otherwise known
or when the | 26 |
| person denies his presence at the accident. No report
to the | 27 |
| Department may be used as evidence in any trial, civil or | 28 |
| criminal,
arising out of an
accident, except that the | 29 |
| Department must furnish upon demand of any person
who has or | 30 |
| claims to have made a report or upon demand of any court
a | 31 |
| certificate showing that a specified accident report has or has | 32 |
| not been
made to the Department solely to prove a compliance or | 33 |
| a failure to comply
with the requirements that a report be made | 34 |
| to the Department.
| 35 |
| E. (1) Every coroner or medical examiner shall on or before | 36 |
| the 10th
day of each month report in writing to the |
|
|
|
HB3821 Engrossed |
- 9 - |
LRB093 12239 DRH 17458 b |
|
| 1 |
| Department the circumstances
surrounding the death of any | 2 |
| person that has occurred as the result of a
boating | 3 |
| accident within the examiner's jurisdiction during the | 4 |
| preceding
calendar month.
| 5 |
| (2) Within 6 hours after a death resulting from a | 6 |
| boating accident,
but in any case not more than 12 hours | 7 |
| after the occurrence of the boating
accident, a blood | 8 |
| specimen of at least 10 cc shall be withdrawn from the
body | 9 |
| of the decedent by the coroner or medical examiner or by a | 10 |
| qualified
person at the direction of the physician. All | 11 |
| morticians shall obtain a
release from the coroner or | 12 |
| medical examiner prior to proceeding with
embalming any | 13 |
| body coming under the scope of this Section. The blood so
| 14 |
| drawn shall be forwarded to a laboratory approved by the | 15 |
| Department of
State Police for analysis of the alcoholic | 16 |
| content of the
blood specimen.
The coroner or medical | 17 |
| examiner causing the blood to be withdrawn shall be
| 18 |
| notified of the results of each analysis made and shall | 19 |
| forward the results
of each analysis to the Department. The | 20 |
| Department shall keep a record of
all examinations to be | 21 |
| used for statistical purposes only. The cumulative
results | 22 |
| of the examinations, without identifying the individuals | 23 |
| involved,
shall be disseminated and made public by the | 24 |
| Department.
| 25 |
| (Source: P.A. 91-828, eff. 1-1-01.)
| 26 |
| (625 ILCS 45/11A-3) (from Ch. 95 1/2, par. 321A-3)
| 27 |
| Sec. 11A-3. Any person who violates any of the provisions | 28 |
| of Section
5-1 or 5-2 of this Act is guilty of a Class B | 29 |
| misdemeanor.
| 30 |
| Any person who violates Section 5-2 of this Act is
guilty | 31 |
| of a Class A misdemeanor, except that aggravated reckless | 32 |
| operation of a
watercraft is a Class 4 felony.
| 33 |
| (Source: P.A. 85-149.)
| 34 |
| (625 ILCS 45/11A-4) (from Ch. 95 1/2, par. 321A-4)
|
|
|
|
HB3821 Engrossed |
- 10 - |
LRB093 12239 DRH 17458 b |
|
| 1 |
| Sec. 11A-4. Any person who is convicted of a violation of | 2 |
| Sections
5-1 , 5-2 or 11A-5 of this Act, in addition to any | 3 |
| other penalties
authorized in this Act, may in the discretion | 4 |
| of the court be refused the
privilege of operating any | 5 |
| watercraft on any of the waterways of this State
for a period | 6 |
| of not less than one year.
| 7 |
| Any person who is convicted of a violation of Section 5-2 | 8 |
| of this Act or
subsection A-1 of Section 6-1 of this Act, in | 9 |
| addition to any other penalties
authorized in this Act, shall | 10 |
| have his or her privilege of operating any watercraft on any of | 11 |
| the waterways of this State suspended by the Department for a | 12 |
| period of not less than one year.
| 13 |
| (Source: P.A. 85-149.)
| 14 |
| (625 ILCS 45/11A-5) (from Ch. 95 1/2, par. 321A-5)
| 15 |
| Sec. 11A-5. A person may not operate a watercraft during | 16 |
| the time that the person's privilege to operate a watercraft is | 17 |
| suspended or revoked in this State, by another state, or by a | 18 |
| federal agency. Any person who operates any watercraft during | 19 |
| the period when
he is denied the privilege to so operate is | 20 |
| guilty of a Class A misdemeanor
for a first offense and a Class | 21 |
| 4 felony for a second or subsequent
offense .
| 22 |
| (Source: P.A. 85-149.)
| 23 |
| Section 10. The Unified Code of Corrections is amended by | 24 |
| changing
Section 5-5-3 as follows:
| 25 |
| (730 ILCS 5/5-5-3) (from Ch. 38, par. 1005-5-3)
| 26 |
| Sec. 5-5-3. Disposition.
| 27 |
| (a) Every person convicted of an offense shall be sentenced | 28 |
| as provided
in this Section.
| 29 |
| (b) The following options shall be appropriate | 30 |
| dispositions, alone
or in combination, for all felonies and | 31 |
| misdemeanors other than those
identified in subsection (c) of | 32 |
| this Section:
| 33 |
| (1) A period of probation.
|
|
|
|
HB3821 Engrossed |
- 11 - |
LRB093 12239 DRH 17458 b |
|
| 1 |
| (2) A term of periodic imprisonment.
| 2 |
| (3) A term of conditional discharge.
| 3 |
| (4) A term of imprisonment.
| 4 |
| (5) An order directing the offender to clean up and | 5 |
| repair the
damage, if the offender was convicted under | 6 |
| paragraph (h) of Section
21-1 of the Criminal Code of 1961.
| 7 |
| (6) A fine.
| 8 |
| (7) An order directing the offender to make restitution | 9 |
| to the
victim under Section 5-5-6 of this Code.
| 10 |
| (8) A sentence of participation in a county impact | 11 |
| incarceration
program under Section 5-8-1.2 of this Code.
| 12 |
| Whenever an individual is sentenced for an offense based | 13 |
| upon an
arrest for a violation of Section 11-501 of the | 14 |
| Illinois Vehicle Code, or a
similar provision of a local | 15 |
| ordinance, and the professional evaluation
recommends remedial | 16 |
| or rehabilitative treatment or education, neither the
| 17 |
| treatment nor the education shall be the sole disposition and | 18 |
| either or
both may be imposed only in conjunction with another | 19 |
| disposition.
The court shall monitor compliance with any | 20 |
| remedial education or treatment
recommendations contained in | 21 |
| the professional evaluation. Programs
conducting alcohol or | 22 |
| other drug evaluation or remedial education must be
licensed by | 23 |
| the Department of Human Services. However,
if the individual is | 24 |
| not a resident of Illinois, the court may accept an
alcohol or | 25 |
| other drug evaluation or remedial education program in the | 26 |
| state
of such individual's residence. Programs providing | 27 |
| treatment must be
licensed under existing applicable | 28 |
| alcoholism and drug treatment licensure
standards.
| 29 |
| In addition to any other fine or penalty required by law, | 30 |
| any
individual convicted of a violation of Section 11-501 of | 31 |
| the Illinois
Vehicle Code or a similar provision of local | 32 |
| ordinance, whose operation of
a motor vehicle while in | 33 |
| violation of Section 11-501 or such ordinance
proximately | 34 |
| caused an incident resulting in an appropriate emergency
| 35 |
| response, shall be required to make restitution to a public | 36 |
| agency for the
costs of that emergency response. Such |
|
|
|
HB3821 Engrossed |
- 12 - |
LRB093 12239 DRH 17458 b |
|
| 1 |
| restitution shall not exceed $500
per public agency for each | 2 |
| such emergency response. For the purpose of
this paragraph, | 3 |
| emergency response shall mean any incident requiring a response
| 4 |
| by: a police officer as defined under Section 1-162 of the | 5 |
| Illinois Vehicle
Code; a fireman carried on the rolls of a | 6 |
| regularly constituted fire
department; and an ambulance as | 7 |
| defined under Section 3.85
4.05 of the
Emergency Medical | 8 |
| Services (EMS) Systems Act.
| 9 |
| Neither a fine nor restitution shall be the sole | 10 |
| disposition
for a felony and either or both may be imposed only | 11 |
| in conjunction with
another disposition.
| 12 |
| (c) (1) When a defendant is found guilty of first degree | 13 |
| murder the
State may either seek a sentence of imprisonment | 14 |
| under Section 5-8-1 of
this Code, or where appropriate seek | 15 |
| a sentence of death under Section 9-1
of the Criminal Code | 16 |
| of 1961.
| 17 |
| (2) A period of probation, a term of periodic | 18 |
| imprisonment or
conditional discharge shall not be imposed | 19 |
| for the following offenses.
The court shall sentence the | 20 |
| offender to not less than the minimum term
of imprisonment | 21 |
| set forth in this Code for the following offenses, and
may | 22 |
| order a fine or restitution or both in conjunction with | 23 |
| such term of
imprisonment:
| 24 |
| (A) First degree murder where the death penalty is | 25 |
| not imposed.
| 26 |
| (B) Attempted first degree murder.
| 27 |
| (C) A Class X felony.
| 28 |
| (D) A violation of Section 401.1 or 407 of the
| 29 |
| Illinois Controlled Substances Act, or a violation of | 30 |
| subdivision (c)(1) or
(c)(2) of
Section 401 of that Act | 31 |
| which relates to more than 5 grams of a substance
| 32 |
| containing heroin or cocaine or an analog thereof.
| 33 |
| (E) A violation of Section 5.1 or 9 of the Cannabis | 34 |
| Control
Act.
| 35 |
| (F) A Class 2 or greater felony if the offender had | 36 |
| been convicted
of a Class 2 or greater felony within 10 |
|
|
|
HB3821 Engrossed |
- 13 - |
LRB093 12239 DRH 17458 b |
|
| 1 |
| years of the date on which the
offender
committed the | 2 |
| offense for which he or she is being sentenced, except | 3 |
| as
otherwise provided in Section 40-10 of the | 4 |
| Alcoholism and Other Drug Abuse and
Dependency Act.
| 5 |
| (G) Residential burglary, except as otherwise | 6 |
| provided in Section 40-10
of the Alcoholism and Other | 7 |
| Drug Abuse and Dependency Act.
| 8 |
| (H) Criminal sexual assault, except as otherwise | 9 |
| provided in
subsection (e) of this Section.
| 10 |
| (I) Aggravated battery of a senior citizen.
| 11 |
| (J) A forcible felony if the offense was related to | 12 |
| the activities of an
organized gang.
| 13 |
| Before July 1, 1994, for the purposes of this | 14 |
| paragraph, "organized
gang" means an association of 5 | 15 |
| or more persons, with an established hierarchy,
that | 16 |
| encourages members of the association to perpetrate | 17 |
| crimes or provides
support to the members of the | 18 |
| association who do commit crimes.
| 19 |
| Beginning July 1, 1994, for the purposes of this | 20 |
| paragraph,
"organized gang" has the meaning ascribed | 21 |
| to it in Section 10 of the Illinois
Streetgang | 22 |
| Terrorism Omnibus Prevention Act.
| 23 |
| (K) Vehicular hijacking.
| 24 |
| (L) A second or subsequent conviction for the | 25 |
| offense of hate crime
when the underlying offense upon | 26 |
| which the hate crime is based is felony
aggravated
| 27 |
| assault or felony mob action.
| 28 |
| (M) A second or subsequent conviction for the | 29 |
| offense of institutional
vandalism if the damage to the | 30 |
| property exceeds $300.
| 31 |
| (N) A Class 3 felony violation of paragraph (1) of | 32 |
| subsection (a) of
Section 2 of the Firearm Owners | 33 |
| Identification Card Act.
| 34 |
| (O) A violation of Section 12-6.1 of the Criminal | 35 |
| Code of 1961.
| 36 |
| (P) A violation of paragraph (1), (2), (3), (4), |
|
|
|
HB3821 Engrossed |
- 14 - |
LRB093 12239 DRH 17458 b |
|
| 1 |
| (5), or (7) of
subsection (a)
of Section 11-20.1 of the | 2 |
| Criminal Code of 1961.
| 3 |
| (Q) A violation of Section 20-1.2 of the Criminal | 4 |
| Code of 1961.
| 5 |
| (R) A violation of Section 24-3A of the Criminal | 6 |
| Code of
1961.
| 7 |
| (S) A violation of Section 11-501(c-1)(3) of the | 8 |
| Illinois Vehicle
Code.
| 9 |
| (3) A minimum term of imprisonment of not less than 5 | 10 |
| days
or 30 days of community service as may be determined | 11 |
| by the
court shall
be imposed for a second violation | 12 |
| committed within 5 years
of a previous violation of Section | 13 |
| 11-501 of the Illinois Vehicle Code or
a similar provision | 14 |
| of a local ordinance.
In the case of a third or
subsequent | 15 |
| violation committed within 5 years of a previous violation | 16 |
| of
Section 11-501 of the Illinois Vehicle Code or a similar | 17 |
| provision of a local
ordinance, a minimum term of either 10 | 18 |
| days of imprisonment or 60 days of
community service shall | 19 |
| be imposed.
| 20 |
| (4) A minimum term of imprisonment of not less than 10
| 21 |
| consecutive days or 30 days of community service shall be | 22 |
| imposed for a
violation of paragraph (c) of Section 6-303 | 23 |
| of the Illinois Vehicle Code.
| 24 |
| (4.1) A minimum term of 30 consecutive days of | 25 |
| imprisonment,
40 days of 24 hour periodic imprisonment or | 26 |
| 720 hours of community
service, as may be determined by the | 27 |
| court, shall be imposed for a violation of
Section 11-501 | 28 |
| of the Illinois Vehicle Code during a period in which the
| 29 |
| defendant's driving privileges are revoked or suspended,
| 30 |
| where the revocation or suspension was for a
violation of | 31 |
| Section
11-501 or Section 11-501.1 of that Code.
| 32 |
| (4.2) Except as provided in paragraph (4.3) of this | 33 |
| subsection (c), a
minimum of
100 hours of community service | 34 |
| shall be imposed for a second violation of
Section 6-303
of | 35 |
| the Illinois Vehicle Code.
| 36 |
| (4.3) A minimum term of imprisonment of 30 days or 300 |
|
|
|
HB3821 Engrossed |
- 15 - |
LRB093 12239 DRH 17458 b |
|
| 1 |
| hours of community
service, as determined by the court, | 2 |
| shall
be imposed for a second violation of subsection (c) | 3 |
| of Section 6-303 of the
Illinois Vehicle Code.
| 4 |
| (4.4) Except as provided in paragraph (4.5) and | 5 |
| paragraph (4.6) of this
subsection (c), a
minimum term of | 6 |
| imprisonment of 30 days or 300 hours of community service, | 7 |
| as
determined by the court, shall
be imposed
for a third or | 8 |
| subsequent violation of Section 6-303 of the Illinois | 9 |
| Vehicle
Code.
| 10 |
| (4.5) A minimum term of imprisonment of 30 days
shall | 11 |
| be imposed for a third violation of subsection (c) of
| 12 |
| Section 6-303 of the Illinois Vehicle Code.
| 13 |
| (4.6) A minimum term of imprisonment of 180 days shall | 14 |
| be imposed for a
fourth or subsequent violation of | 15 |
| subsection (c) of Section 6-303 of the
Illinois Vehicle | 16 |
| Code.
| 17 |
| (5) The court may sentence an offender convicted of a | 18 |
| business
offense or a petty offense or a corporation or | 19 |
| unincorporated
association convicted of any offense to:
| 20 |
| (A) a period of conditional discharge;
| 21 |
| (B) a fine;
| 22 |
| (C) make restitution to the victim under Section | 23 |
| 5-5-6 of this Code.
| 24 |
| (5.1) In addition to any penalties imposed under | 25 |
| paragraph (5) of this
subsection (c), and except as | 26 |
| provided in paragraph (5.2) or (5.3), a person
convicted of | 27 |
| violating subsection (c) of Section 11-907 of the Illinois
| 28 |
| Vehicle Code shall have his or her driver's license, | 29 |
| permit, or privileges
suspended for at least 90 days but | 30 |
| not more than one year, if the violation
resulted in damage | 31 |
| to the property of another person.
| 32 |
| (5.2) In addition to any penalties imposed under | 33 |
| paragraph (5) of this
subsection (c), and except as | 34 |
| provided in paragraph (5.3), a person convicted
of | 35 |
| violating subsection (c) of Section 11-907 of the Illinois | 36 |
| Vehicle Code
shall have his or her driver's license, |
|
|
|
HB3821 Engrossed |
- 16 - |
LRB093 12239 DRH 17458 b |
|
| 1 |
| permit, or privileges suspended for at
least 180 days but | 2 |
| not more than 2 years, if the violation resulted in injury
| 3 |
| to
another person.
| 4 |
| (5.3) In addition to any penalties imposed under | 5 |
| paragraph (5) of
this
subsection (c), a person convicted of | 6 |
| violating subsection (c) of Section
11-907 of the Illinois | 7 |
| Vehicle Code shall have his or her driver's license,
| 8 |
| permit, or privileges suspended for 2 years, if the | 9 |
| violation resulted in the
death of another person.
| 10 |
| (6) In no case shall an offender be eligible for a | 11 |
| disposition of
probation or conditional discharge for a | 12 |
| Class 1 felony committed while
he was serving a term of | 13 |
| probation or conditional discharge for a felony.
| 14 |
| (7) When a defendant is adjudged a habitual criminal | 15 |
| under Article
33B of the Criminal Code of 1961, the court | 16 |
| shall sentence
the defendant to a term of natural life | 17 |
| imprisonment.
| 18 |
| (8) When a defendant, over the age of 21 years, is | 19 |
| convicted of a
Class 1 or Class 2 felony, after having | 20 |
| twice been convicted
in any state or
federal court of an | 21 |
| offense that contains the same elements as an offense now
| 22 |
| classified in Illinois as a Class 2 or greater Class felony
| 23 |
| and such charges are
separately brought and tried and arise | 24 |
| out of different series of acts,
such defendant shall be | 25 |
| sentenced as a Class X offender. This paragraph
shall not | 26 |
| apply unless (1) the first felony was committed after the
| 27 |
| effective date of this amendatory Act of 1977; and (2) the | 28 |
| second felony
was committed after conviction on the first; | 29 |
| and (3) the third felony
was committed after conviction on | 30 |
| the second.
A person sentenced as a Class X offender under | 31 |
| this paragraph is not
eligible to apply for treatment as a | 32 |
| condition of probation as provided by
Section 40-10 of the | 33 |
| Alcoholism and Other Drug Abuse and Dependency Act.
| 34 |
| (9) A defendant convicted of a second or subsequent | 35 |
| offense of ritualized
abuse of a child may be sentenced to | 36 |
| a term of natural life imprisonment.
|
|
|
|
HB3821 Engrossed |
- 17 - |
LRB093 12239 DRH 17458 b |
|
| 1 |
| (10) When a person is convicted of violating Section | 2 |
| 11-501 of the
Illinois
Vehicle Code or a similar provision | 3 |
| of a local ordinance, the following
penalties apply when | 4 |
| his or her blood,
breath, or urine was .16 or more based on | 5 |
| the definition of blood, breath, or
urine units in
Section | 6 |
| 11-501.2
or that person is convicted of violating Section | 7 |
| 11-501 of the Illinois Vehicle
Code while
transporting a | 8 |
| child under the age of 16:
| 9 |
| (A) For a first violation of subsection (a) of | 10 |
| Section 11-501, in
addition to any other penalty that | 11 |
| may be imposed under subsection (c) of
Section 11-501: | 12 |
| a
mandatory
minimum of
100 hours of community
service | 13 |
| and a minimum fine of
$500.
| 14 |
| (B) For a second violation of subsection (a) of | 15 |
| Section 11-501, in
addition to any other penalty that | 16 |
| may be imposed under subsection (c) of
Section 11-501 | 17 |
| within 10
years: a
mandatory minimum of 2
days of | 18 |
| imprisonment
and a minimum fine of $1,250.
| 19 |
| (C) For a third violation of subsection (a) of | 20 |
| Section 11-501, in
addition to any other penalty that | 21 |
| may be imposed under subsection (c) of
Section 11-501 | 22 |
| within 20
years: a
mandatory
minimum of 90 days of | 23 |
| imprisonment and a minimum
fine of $2,500.
| 24 |
| (D) For a fourth or subsequent violation of | 25 |
| subsection (a) of Section
11-501: ineligibility for a | 26 |
| sentence
of probation or conditional discharge and a | 27 |
| minimum
fine of $2,500.
| 28 |
| (11) A person may not receive a disposition of court | 29 |
| supervision for a
violation of Section 5-16 of the Boat | 30 |
| Registration and Safety Act if that
person has previously | 31 |
| received a disposition of court supervision for a
violation | 32 |
| of that Section.
| 33 |
| (d) In any case in which a sentence originally imposed is | 34 |
| vacated,
the case shall be remanded to the trial court. The | 35 |
| trial court shall
hold a hearing under Section 5-4-1 of the | 36 |
| Unified Code of Corrections
which may include evidence of the |
|
|
|
HB3821 Engrossed |
- 18 - |
LRB093 12239 DRH 17458 b |
|
| 1 |
| defendant's life, moral character and
occupation during the | 2 |
| time since the original sentence was passed. The
trial court | 3 |
| shall then impose sentence upon the defendant. The trial
court | 4 |
| may impose any sentence which could have been imposed at the
| 5 |
| original trial subject to Section 5-5-4 of the Unified Code of | 6 |
| Corrections.
If a sentence is vacated on appeal or on | 7 |
| collateral attack due to the
failure of the trier of fact at | 8 |
| trial to determine beyond a reasonable doubt
the
existence of a | 9 |
| fact (other than a prior conviction) necessary to increase the
| 10 |
| punishment for the offense beyond the statutory maximum | 11 |
| otherwise applicable,
either the defendant may be re-sentenced | 12 |
| to a term within the range otherwise
provided or, if the State | 13 |
| files notice of its intention to again seek the
extended | 14 |
| sentence, the defendant shall be afforded a new trial.
| 15 |
| (e) In cases where prosecution for criminal sexual assault | 16 |
| or
aggravated criminal sexual abuse under Section 12-13 or | 17 |
| 12-16 of the
Criminal Code of 1961 results in conviction of a | 18 |
| defendant
who was a family member of the victim at the time of | 19 |
| the commission of the
offense, the court shall consider the | 20 |
| safety and welfare of the victim and
may impose a sentence of | 21 |
| probation only where:
| 22 |
| (1) the court finds (A) or (B) or both are appropriate:
| 23 |
| (A) the defendant is willing to undergo a court | 24 |
| approved counseling
program for a minimum duration of 2 | 25 |
| years; or
| 26 |
| (B) the defendant is willing to participate in a | 27 |
| court approved plan
including but not limited to the | 28 |
| defendant's:
| 29 |
| (i) removal from the household;
| 30 |
| (ii) restricted contact with the victim;
| 31 |
| (iii) continued financial support of the | 32 |
| family;
| 33 |
| (iv) restitution for harm done to the victim; | 34 |
| and
| 35 |
| (v) compliance with any other measures that | 36 |
| the court may
deem appropriate; and
|
|
|
|
HB3821 Engrossed |
- 19 - |
LRB093 12239 DRH 17458 b |
|
| 1 |
| (2) the court orders the defendant to pay for the | 2 |
| victim's counseling
services, to the extent that the court | 3 |
| finds, after considering the
defendant's income and | 4 |
| assets, that the defendant is financially capable of
paying | 5 |
| for such services, if the victim was under 18 years of age | 6 |
| at the
time the offense was committed and requires | 7 |
| counseling as a result of the
offense.
| 8 |
| Probation may be revoked or modified pursuant to Section | 9 |
| 5-6-4; except
where the court determines at the hearing that | 10 |
| the defendant violated a
condition of his or her probation | 11 |
| restricting contact with the victim or
other family members or | 12 |
| commits another offense with the victim or other
family | 13 |
| members, the court shall revoke the defendant's probation and
| 14 |
| impose a term of imprisonment.
| 15 |
| For the purposes of this Section, "family member" and | 16 |
| "victim" shall have
the meanings ascribed to them in Section | 17 |
| 12-12 of the Criminal Code of
1961.
| 18 |
| (f) This Article shall not deprive a court in other | 19 |
| proceedings to
order a forfeiture of property, to suspend or | 20 |
| cancel a license, to
remove a person from office, or to impose | 21 |
| any other civil penalty.
| 22 |
| (g) Whenever a defendant is convicted of an offense under | 23 |
| Sections
11-14, 11-15, 11-15.1, 11-16, 11-17, 11-18, 11-18.1, | 24 |
| 11-19, 11-19.1, 11-19.2,
12-13, 12-14, 12-14.1, 12-15 or 12-16 | 25 |
| of the Criminal Code of 1961,
the defendant shall undergo | 26 |
| medical testing to
determine whether the defendant has any | 27 |
| sexually transmissible disease,
including a test for infection | 28 |
| with human immunodeficiency virus (HIV) or
any other identified | 29 |
| causative agent of acquired immunodeficiency syndrome
(AIDS). | 30 |
| Any such medical test shall be performed only by appropriately
| 31 |
| licensed medical practitioners and may include an analysis of | 32 |
| any bodily
fluids as well as an examination of the defendant's | 33 |
| person.
Except as otherwise provided by law, the results of | 34 |
| such test shall be kept
strictly confidential by all medical | 35 |
| personnel involved in the testing and must
be personally | 36 |
| delivered in a sealed envelope to the judge of the court in |
|
|
|
HB3821 Engrossed |
- 20 - |
LRB093 12239 DRH 17458 b |
|
| 1 |
| which
the conviction was entered for the judge's inspection in | 2 |
| camera. Acting in
accordance with the best interests of the | 3 |
| victim and the public, the judge
shall have the discretion to | 4 |
| determine to whom, if anyone, the results of the
testing may be | 5 |
| revealed. The court shall notify the defendant
of the test | 6 |
| results. The court shall
also notify the victim if requested by | 7 |
| the victim, and if the victim is under
the age of 15 and if | 8 |
| requested by the victim's parents or legal guardian, the
court | 9 |
| shall notify the victim's parents or legal guardian of the test
| 10 |
| results.
The court shall provide information on the | 11 |
| availability of HIV testing
and counseling at Department of | 12 |
| Public Health facilities to all parties to
whom the results of | 13 |
| the testing are revealed and shall direct the State's
Attorney | 14 |
| to provide the information to the victim when possible.
A | 15 |
| State's Attorney may petition the court to obtain the results | 16 |
| of any HIV test
administered under this Section, and the court | 17 |
| shall grant the disclosure if
the State's Attorney shows it is | 18 |
| relevant in order to prosecute a charge of
criminal | 19 |
| transmission of HIV under Section 12-16.2 of the Criminal Code | 20 |
| of 1961
against the defendant. The court shall order that the | 21 |
| cost of any such test
shall be paid by the county and may be | 22 |
| taxed as costs against the convicted
defendant.
| 23 |
| (g-5) When an inmate is tested for an airborne communicable | 24 |
| disease, as
determined by the Illinois Department of Public | 25 |
| Health including but not
limited to tuberculosis, the results | 26 |
| of the test shall be
personally delivered by the warden or his | 27 |
| or her designee in a sealed envelope
to the judge of the court | 28 |
| in which the inmate must appear for the judge's
inspection in | 29 |
| camera if requested by the judge. Acting in accordance with the
| 30 |
| best interests of those in the courtroom, the judge shall have | 31 |
| the discretion
to determine what if any precautions need to be | 32 |
| taken to prevent transmission
of the disease in the courtroom.
| 33 |
| (h) Whenever a defendant is convicted of an offense under | 34 |
| Section 1 or 2
of the Hypodermic Syringes and Needles Act, the | 35 |
| defendant shall undergo
medical testing to determine whether | 36 |
| the defendant has been exposed to human
immunodeficiency virus |
|
|
|
HB3821 Engrossed |
- 21 - |
LRB093 12239 DRH 17458 b |
|
| 1 |
| (HIV) or any other identified causative agent of
acquired | 2 |
| immunodeficiency syndrome (AIDS). Except as otherwise provided | 3 |
| by
law, the results of such test shall be kept strictly | 4 |
| confidential by all
medical personnel involved in the testing | 5 |
| and must be personally delivered in a
sealed envelope to the | 6 |
| judge of the court in which the conviction was entered
for the | 7 |
| judge's inspection in camera. Acting in accordance with the | 8 |
| best
interests of the public, the judge shall have the | 9 |
| discretion to determine to
whom, if anyone, the results of the | 10 |
| testing may be revealed. The court shall
notify the defendant | 11 |
| of a positive test showing an infection with the human
| 12 |
| immunodeficiency virus (HIV). The court shall provide | 13 |
| information on the
availability of HIV testing and counseling | 14 |
| at Department of Public Health
facilities to all parties to | 15 |
| whom the results of the testing are revealed and
shall direct | 16 |
| the State's Attorney to provide the information to the victim | 17 |
| when
possible. A State's Attorney may petition the court to | 18 |
| obtain the results of
any HIV test administered under this | 19 |
| Section, and the court shall grant the
disclosure if the | 20 |
| State's Attorney shows it is relevant in order to prosecute a
| 21 |
| charge of criminal transmission of HIV under Section 12-16.2 of | 22 |
| the Criminal
Code of 1961 against the defendant. The court | 23 |
| shall order that the cost of any
such test shall be paid by the | 24 |
| county and may be taxed as costs against the
convicted | 25 |
| defendant.
| 26 |
| (i) All fines and penalties imposed under this Section for | 27 |
| any violation
of Chapters 3, 4, 6, and 11 of the Illinois | 28 |
| Vehicle Code, or a similar
provision of a local ordinance, and | 29 |
| any violation
of the Child Passenger Protection Act, or a | 30 |
| similar provision of a local
ordinance, shall be collected and | 31 |
| disbursed by the circuit
clerk as provided under Section 27.5 | 32 |
| of the Clerks of Courts Act.
| 33 |
| (j) In cases when prosecution for any violation of Section | 34 |
| 11-6, 11-8,
11-9, 11-11, 11-14, 11-15, 11-15.1, 11-16, 11-17, | 35 |
| 11-17.1, 11-18, 11-18.1,
11-19, 11-19.1, 11-19.2, 11-20.1, | 36 |
| 11-21, 12-13, 12-14, 12-14.1, 12-15, or
12-16 of the
Criminal |
|
|
|
HB3821 Engrossed |
- 22 - |
LRB093 12239 DRH 17458 b |
|
| 1 |
| Code of 1961, any violation of the Illinois Controlled | 2 |
| Substances Act,
or any violation of the Cannabis Control Act | 3 |
| results in conviction, a
disposition of court supervision, or | 4 |
| an order of probation granted under
Section 10 of the Cannabis | 5 |
| Control Act or Section 410 of the Illinois
Controlled Substance | 6 |
| Act of a defendant, the court shall determine whether the
| 7 |
| defendant is employed by a facility or center as defined under | 8 |
| the Child Care
Act of 1969, a public or private elementary or | 9 |
| secondary school, or otherwise
works with children under 18 | 10 |
| years of age on a daily basis. When a defendant
is so employed, | 11 |
| the court shall order the Clerk of the Court to send a copy of
| 12 |
| the judgment of conviction or order of supervision or probation | 13 |
| to the
defendant's employer by certified mail.
If the employer | 14 |
| of the defendant is a school, the Clerk of the Court shall
| 15 |
| direct the mailing of a copy of the judgment of conviction or | 16 |
| order of
supervision or probation to the appropriate regional | 17 |
| superintendent of schools.
The regional superintendent of | 18 |
| schools shall notify the State Board of
Education of any | 19 |
| notification under this subsection.
| 20 |
| (j-5) A defendant at least 17 years of age who is convicted | 21 |
| of a felony and
who has not been previously convicted of a | 22 |
| misdemeanor or felony and who is
sentenced to a term of | 23 |
| imprisonment in the Illinois Department of Corrections
shall as | 24 |
| a condition of his or her sentence be required by the court to | 25 |
| attend
educational courses designed to prepare the defendant | 26 |
| for a high school diploma
and to work toward a high school | 27 |
| diploma or to work toward passing the high
school level Test of | 28 |
| General Educational Development (GED) or to work toward
| 29 |
| completing a vocational training program offered by the | 30 |
| Department of
Corrections. If a defendant fails to complete the | 31 |
| educational training
required by his or her sentence during the | 32 |
| term of incarceration, the Prisoner
Review Board shall, as a | 33 |
| condition of mandatory supervised release, require the
| 34 |
| defendant, at his or her own expense, to pursue a course of | 35 |
| study toward a high
school diploma or passage of the GED test. | 36 |
| The Prisoner Review Board shall
revoke the mandatory supervised |
|
|
|
HB3821 Engrossed |
- 23 - |
LRB093 12239 DRH 17458 b |
|
| 1 |
| release of a defendant who wilfully fails to
comply with this | 2 |
| subsection (j-5) upon his or her release from confinement in a
| 3 |
| penal institution while serving a mandatory supervised release | 4 |
| term; however,
the inability of the defendant after making a | 5 |
| good faith effort to obtain
financial aid or pay for the | 6 |
| educational training shall not be deemed a wilful
failure to | 7 |
| comply. The Prisoner Review Board shall recommit the defendant
| 8 |
| whose mandatory supervised release term has been revoked under | 9 |
| this subsection
(j-5) as provided in Section 3-3-9. This | 10 |
| subsection (j-5) does not apply to a
defendant who has a high | 11 |
| school diploma or has successfully passed the GED
test. This | 12 |
| subsection (j-5) does not apply to a defendant who is | 13 |
| determined by
the court to be developmentally disabled or | 14 |
| otherwise mentally incapable of
completing the educational or | 15 |
| vocational program.
| 16 |
| (k) A court may not impose a sentence or disposition for a
| 17 |
| felony or misdemeanor that requires the defendant to be | 18 |
| implanted or injected
with or to use any form of birth control.
| 19 |
| (l) (A) Except as provided
in paragraph (C) of subsection | 20 |
| (l), whenever a defendant,
who is an alien as defined by | 21 |
| the Immigration and Nationality Act, is convicted
of any | 22 |
| felony or misdemeanor offense, the court after sentencing | 23 |
| the defendant
may, upon motion of the State's Attorney, | 24 |
| hold sentence in abeyance and remand
the defendant to the | 25 |
| custody of the Attorney General of
the United States or his | 26 |
| or her designated agent to be deported when:
| 27 |
| (1) a final order of deportation has been issued | 28 |
| against the defendant
pursuant to proceedings under | 29 |
| the Immigration and Nationality Act, and
| 30 |
| (2) the deportation of the defendant would not | 31 |
| deprecate the seriousness
of the defendant's conduct | 32 |
| and would not be inconsistent with the ends of
justice.
| 33 |
| Otherwise, the defendant shall be sentenced as | 34 |
| provided in this Chapter V.
| 35 |
| (B) If the defendant has already been sentenced for a | 36 |
| felony or
misdemeanor
offense, or has been placed on |
|
|
|
HB3821 Engrossed |
- 24 - |
LRB093 12239 DRH 17458 b |
|
| 1 |
| probation under Section 10 of the Cannabis
Control Act or | 2 |
| Section 410 of the Illinois Controlled Substances Act, the | 3 |
| court
may, upon motion of the State's Attorney to suspend | 4 |
| the
sentence imposed, commit the defendant to the custody | 5 |
| of the Attorney General
of the United States or his or her | 6 |
| designated agent when:
| 7 |
| (1) a final order of deportation has been issued | 8 |
| against the defendant
pursuant to proceedings under | 9 |
| the Immigration and Nationality Act, and
| 10 |
| (2) the deportation of the defendant would not | 11 |
| deprecate the seriousness
of the defendant's conduct | 12 |
| and would not be inconsistent with the ends of
justice.
| 13 |
| (C) This subsection (l) does not apply to offenders who | 14 |
| are subject to the
provisions of paragraph (2) of | 15 |
| subsection (a) of Section 3-6-3.
| 16 |
| (D) Upon motion of the State's Attorney, if a defendant | 17 |
| sentenced under
this Section returns to the jurisdiction of | 18 |
| the United States, the defendant
shall be recommitted to | 19 |
| the custody of the county from which he or she was
| 20 |
| sentenced.
Thereafter, the defendant shall be brought | 21 |
| before the sentencing court, which
may impose any sentence | 22 |
| that was available under Section 5-5-3 at the time of
| 23 |
| initial sentencing. In addition, the defendant shall not be | 24 |
| eligible for
additional good conduct credit for | 25 |
| meritorious service as provided under
Section 3-6-6.
| 26 |
| (m) A person convicted of criminal defacement of property | 27 |
| under Section
21-1.3 of the Criminal Code of 1961, in which the | 28 |
| property damage exceeds $300
and the property damaged is a | 29 |
| school building, shall be ordered to perform
community service | 30 |
| that may include cleanup, removal, or painting over the
| 31 |
| defacement.
| 32 |
| (Source: P.A. 91-357, eff. 7-29-99; 91-404, eff. 1-1-00; | 33 |
| 91-663, eff.
12-22-99; 91-695, eff. 4-13-00; 91-953, eff. | 34 |
| 2-23-01; 92-183, eff. 7-27-01;
92-248, eff. 8-3-01; 92-283, | 35 |
| eff. 1-1-02; 92-340, eff. 8-10-01; 92-418, eff.
8-17-01; | 36 |
| 92-422, eff. 8-17-01; 92-651, eff. 7-11-02; 92-698, eff. |
|
|
|
HB3821 Engrossed |
- 25 - |
LRB093 12239 DRH 17458 b |
|
| 1 |
| 7-19-02;
revised 2-17-03.)
|
|