Full Text of HB5417 93rd General Assembly
HB5417eng 93RD GENERAL ASSEMBLY
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HB5417 Engrossed |
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LRB093 17146 RLC 42812 b |
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| AN ACT in relation to driving offenses.
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| Be it enacted by the People of the State of Illinois, | 3 |
| represented in the General Assembly:
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| Section 5. The Illinois Vehicle Code is amended by changing | 5 |
| Section 11-501
as follows:
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| (625 ILCS 5/11-501) (from Ch. 95 1/2, par. 11-501)
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| Sec. 11-501. Driving while under the influence of alcohol, | 8 |
| other drug or
drugs, intoxicating compound or compounds or any | 9 |
| combination thereof.
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| (a) A person shall not drive or be in actual
physical | 11 |
| control of any vehicle within this State while:
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| (1) the alcohol concentration in the person's blood or | 13 |
| breath is 0.08
or more based on the definition of blood and | 14 |
| breath units in Section 11-501.2;
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| (2) under the influence of alcohol;
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| (3) under the influence of any intoxicating compound or | 17 |
| combination of
intoxicating compounds to a degree that | 18 |
| renders the person incapable of
driving safely;
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| (4) under the influence of any other drug or | 20 |
| combination of drugs to a
degree that renders the person | 21 |
| incapable of safely driving;
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| (5) under the combined influence of alcohol, other drug | 23 |
| or drugs, or
intoxicating compound or compounds to a degree | 24 |
| that renders the person
incapable of safely driving; or
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| (6) there is any amount of a drug, substance, or | 26 |
| compound in the
person's breath, blood, or urine resulting | 27 |
| from the unlawful use or consumption
of cannabis listed in | 28 |
| the Cannabis Control Act, a controlled substance listed
in | 29 |
| the Illinois Controlled Substances Act, or an intoxicating | 30 |
| compound listed
in the Use of Intoxicating Compounds Act.
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| (b) The fact that any person charged with violating this | 32 |
| Section is or
has been legally entitled to use alcohol, other |
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| drug or drugs, or
intoxicating compound or compounds, or any
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| combination thereof, shall not constitute a defense against any | 3 |
| charge of
violating this Section.
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| (c) Except as provided under paragraphs (c-3), (c-4), | 5 |
| (c-5), and (d)
of this
Section,
every person convicted of | 6 |
| violating this Section or a similar provision of a
local | 7 |
| ordinance, shall be guilty of a Class A misdemeanor and, in | 8 |
| addition to
any other criminal or administrative action, for | 9 |
| any second conviction of
violating this Section or a similar | 10 |
| provision of a law of another state or
local ordinance | 11 |
| committed within 5 years of a previous violation of this
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| Section or a similar provision of a local ordinance shall be | 13 |
| mandatorily
sentenced to a minimum of 5 days of imprisonment or | 14 |
| assigned to a
minimum of 30 days of community service as may be | 15 |
| determined by the court.
Every person convicted of violating | 16 |
| this Section or a similar provision of a
local ordinance shall | 17 |
| be subject to an additional mandatory minimum fine of
$500 and | 18 |
| an additional
mandatory 5 days of community service in a | 19 |
| program benefiting children if the
person committed a violation | 20 |
| of paragraph (a) or a similar provision of a local
ordinance | 21 |
| while transporting a person under age 16. Every person
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| convicted a second time for violating this Section or a similar | 23 |
| provision of a
local ordinance within 5 years of a previous | 24 |
| violation of this Section or a
similar provision of a law of | 25 |
| another state or local ordinance shall be subject
to an | 26 |
| additional mandatory minimum
fine of $500 and an additional 10 | 27 |
| days of mandatory community service in a
program benefiting
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| children if the current offense was committed while | 29 |
| transporting a person
under age 16. The imprisonment or | 30 |
| assignment under this subsection
shall not be subject to | 31 |
| suspension nor shall the person be eligible for
probation in | 32 |
| order to reduce the sentence or assignment.
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| (c-1) (1) A person who violates this Section during a | 34 |
| period in which his
or her driving privileges are revoked | 35 |
| or suspended, where the revocation or
suspension was for a | 36 |
| violation of this Section, Section 11-501.1, paragraph (b)
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LRB093 17146 RLC 42812 b |
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| of Section 11-401, or Section 9-3 of the Criminal Code of | 2 |
| 1961 is guilty of a
Class 4 felony.
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| (2) A person who violates this Section a third time | 4 |
| during a period in
which his or her driving privileges are | 5 |
| revoked or suspended where the
revocation
or suspension was | 6 |
| for a violation of this Section, Section 11-501.1, | 7 |
| paragraph
(b) of Section 11-401, or Section 9-3 of the | 8 |
| Criminal Code of 1961 is guilty of
a Class 3 felony.
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| (3) A person who violates this Section a fourth or | 10 |
| subsequent time
during a period in which his
or her driving | 11 |
| privileges are revoked or suspended where the revocation
or | 12 |
| suspension was for a violation of this Section, Section | 13 |
| 11-501.1, paragraph
(b) of Section 11-401, or Section 9-3 | 14 |
| of the Criminal Code of 1961 is guilty of
a Class 2 felony.
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| (c-2) (Blank).
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| (c-3) (Blank).
Every person convicted of violating this | 17 |
| Section or a
similar
provision of a local ordinance who had a | 18 |
| child under age 16 in the vehicle at
the time of the offense | 19 |
| shall have his or her punishment under this Act
enhanced by 2 | 20 |
| days of imprisonment for a first offense, 10 days of | 21 |
| imprisonment
for a second offense, 30 days of imprisonment for | 22 |
| a third offense, and 90 days
of imprisonment for a fourth or | 23 |
| subsequent offense, in addition to the fine and
community | 24 |
| service required under subsection (c) and the possible | 25 |
| imprisonment
required under subsection (d). The imprisonment | 26 |
| or assignment under this
subsection shall not be subject to | 27 |
| suspension nor shall the person be eligible
for probation in | 28 |
| order to reduce the sentence or assignment.
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| (c-4) When a person is convicted of violating Section | 30 |
| 11-501 of this
Code or a similar provision of a local | 31 |
| ordinance, the following penalties apply
when his or her blood, | 32 |
| breath, or urine was
.16 or more based on the definition of | 33 |
| blood, breath, or urine units in Section
11-501.2 or when that | 34 |
| person is convicted of violating this Section while
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| transporting a child under the age of 16 :
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| (1) A person who is convicted of violating subsection |
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| (a) of Section
11-501 of this
Code a
first time, in | 2 |
| addition to any other penalty that may be imposed under
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| subsection (c), is subject to
a mandatory minimum of
100 | 4 |
| hours
of community service
and
a minimum fine of $500.
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| (2) A person who is convicted of violating subsection | 6 |
| (a) of Section
11-501 of this
Code a
second time within 10 | 7 |
| years, in addition to any other penalty
that may be imposed | 8 |
| under subsection (c), is subject to
a mandatory minimum of | 9 |
| 2 days of imprisonment
and
a minimum fine of $1,250.
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| (3) A person who is convicted of violating subsection | 11 |
| (a) of Section
11-501 of this
Code a third time within 20 | 12 |
| years is guilty of a Class 4 felony and, in
addition to any
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| other penalty that may be imposed under subsection (c), is | 14 |
| subject to
a mandatory minimum of 90 days of imprisonment | 15 |
| and
a minimum fine of $2,500.
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| (4) A person who is convicted of violating this | 17 |
| subsection (c-4) a fourth
or subsequent
time is
guilty of a | 18 |
| Class 2 felony and, in addition to any other penalty
that | 19 |
| may be imposed under subsection (c), is not
eligible for a | 20 |
| sentence of probation or conditional
discharge and is
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| subject to a minimum fine of $2,500.
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| (c-5) When a person is convicted of violating this Section | 23 |
| or a similar
provision of a local ordinance, the following | 24 |
| penalties apply when that person
is convicted of a violation | 25 |
| while transporting a child under the age of 16:
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| (1) Except as otherwise provided in paragraph (2) of | 27 |
| this subsection
(c-5), a person who is convicted of | 28 |
| violating subsection (a) of this Section
a first time is | 29 |
| guilty of a Class A misdemeanor and is subject to 6 months | 30 |
| of
imprisonment, a mandatory fine of $1000, and 25 days of | 31 |
| community service in a
program benefiting children. The | 32 |
| imprisonment or assignment to community
service
under this | 33 |
| subsection shall not be subject to suspension, nor shall | 34 |
| the person
be eligible for probation in order to reduce the | 35 |
| sentence or assignment.
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| (2) A person who is convicted of violating subsection |
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HB5417 Engrossed |
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LRB093 17146 RLC 42812 b |
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| (a) of this Section
a
first time and who in committing that | 2 |
| violation was involved in a motor vehicle
accident that | 3 |
| resulted in bodily harm to the child under the age of 16 | 4 |
| being
transported by the person, if the violation was the | 5 |
| proximate cause of the
injury, is guilty of a Class 4 | 6 |
| felony and is subject to one year of
imprisonment,
a | 7 |
| mandatory fine of $2,500, and 25 days of community service | 8 |
| in a program
benefiting children. The imprisonment or | 9 |
| assignment to community service under
this subsection | 10 |
| shall not be subject to suspension, nor shall the person be
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| eligible for probation in order to reduce the sentence or | 12 |
| assignment.
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| (3) Except as otherwise provided in paragraph (4) of | 14 |
| this subsection
(c-5), a person who is convicted of | 15 |
| violating subsection (a) of this Section
a
second time | 16 |
| within 10 years is guilty of a Class 4 felony and is | 17 |
| subject to one
year of imprisonment, a mandatory fine of | 18 |
| $2,500, and 25 days of community
service in a program | 19 |
| benefiting children. The imprisonment or assignment to
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| community service under this subsection shall not be | 21 |
| subject to suspension, nor
shall the person be eligible for | 22 |
| probation in order to reduce the sentence or
assignment.
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| (4) A person who is convicted of violating subsection | 24 |
| (a) of this Section
a
second time within 10 years and who | 25 |
| in committing that violation was involved
in a motor | 26 |
| vehicle accident that resulted in bodily harm to the child | 27 |
| under the
age of 16 being transported, if the violation was | 28 |
| the proximate cause of the
injury, is guilty of a Class 4 | 29 |
| felony and is subject to 18 months of
imprisonment, a
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| mandatory fine of $5,000, and 25 days of community service | 31 |
| in a program
benefiting
children. The imprisonment or | 32 |
| assignment to community service under this
subsection
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| shall not be subject to suspension, nor shall the person be | 34 |
| eligible for
probation in order
to reduce the sentence or | 35 |
| assignment.
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| (5) A person who is convicted of violating subsection |
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LRB093 17146 RLC 42812 b |
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| (a) of this Section
a third or subsequent time within 20 | 2 |
| years is guilty of a Class 3 felony and is
subject
to 3 | 3 |
| years of imprisonment, a mandatory fine of $25,000, and 25 | 4 |
| days of
community
service in a program benefiting children. | 5 |
| The imprisonment or assignment to
community
service under | 6 |
| this subsection shall not be subject to suspension, nor | 7 |
| shall the
person be
eligible for probation in order to | 8 |
| reduce the sentence or assignment.
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| (d) (1) Every person convicted of committing a violation of | 10 |
| this Section
shall be guilty of aggravated driving under | 11 |
| the influence of alcohol,
other drug or drugs, or | 12 |
| intoxicating compound or compounds, or any combination
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| thereof if:
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| (A) the person committed a violation of this | 15 |
| Section, or a similar
provision of a law of another | 16 |
| state or a local ordinance when the cause of
action is | 17 |
| the same as or substantially similar to this Section, | 18 |
| for the
third or subsequent time;
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| (B) the person committed a violation of paragraph | 20 |
| (a) while
driving a school bus with children on board;
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| (C) the person in committing a violation of | 22 |
| paragraph (a) was
involved in a motor vehicle accident | 23 |
| that resulted in great bodily harm or
permanent | 24 |
| disability or disfigurement to another, when the | 25 |
| violation was
a proximate cause of the injuries;
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| (D) the person committed a violation of paragraph | 27 |
| (a) for a
second time and has been previously convicted | 28 |
| of violating Section 9-3 of the
Criminal Code of 1961 | 29 |
| relating to reckless homicide in which the person was
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| determined to have been under the influence of alcohol, | 31 |
| other drug or
drugs, or intoxicating compound or | 32 |
| compounds as an element of the offense or
the person | 33 |
| has previously been convicted
under subparagraph (C) | 34 |
| or subparagraph (F) of this paragraph (1);
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| (E) the person, in committing a violation of | 36 |
| paragraph (a) while
driving at any speed in a school |
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LRB093 17146 RLC 42812 b |
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| speed zone at a time when a speed limit of
20 miles per | 2 |
| hour was in effect under subsection (a) of Section | 3 |
| 11-605 of
this Code, was involved in a motor vehicle | 4 |
| accident that resulted in bodily
harm, other than great | 5 |
| bodily harm or permanent disability or disfigurement,
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| to another person, when the violation of paragraph (a) | 7 |
| was a proximate cause
of the bodily harm; or
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| (F) the person, in committing a violation of | 9 |
| paragraph (a), was
involved in a motor vehicle, | 10 |
| snowmobile, all-terrain vehicle, or watercraft
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| accident that resulted in
the death of another person, | 12 |
| when the violation of paragraph (a) was
a proximate | 13 |
| cause of the death.
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| (2) Except as provided in this paragraph (2), | 15 |
| aggravated driving under
the
influence of alcohol, other | 16 |
| drug or
drugs,
or intoxicating compound or compounds, or | 17 |
| any
combination thereof is a Class 4 felony. For a | 18 |
| violation of subparagraph (C)
of
paragraph (1) of this | 19 |
| subsection (d), the defendant, if sentenced to a term
of | 20 |
| imprisonment, shall be sentenced
to not less than
one year | 21 |
| nor more than 12 years.
Aggravated driving under the | 22 |
| influence of alcohol, other drug or drugs,
or intoxicating | 23 |
| compound or compounds, or any combination thereof as
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| defined in subparagraph (F) of paragraph (1) of this | 25 |
| subsection (d) is
a Class 2 felony, for which the | 26 |
| defendant, if sentenced to a term of
imprisonment, shall be | 27 |
| sentenced to: (A) a
term of imprisonment of not less than 3 | 28 |
| years and not more
than 14 years if the violation resulted | 29 |
| in the death of one person; or
(B) a term of imprisonment | 30 |
| of not less than 6 years and not
more than 28 years if the | 31 |
| violation resulted in the deaths of 2 or more
persons.
For | 32 |
| any prosecution under this subsection
(d), a certified copy | 33 |
| of the
driving abstract of the defendant shall be admitted | 34 |
| as proof of any prior
conviction.
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| (e) After a finding of guilt and prior to any final | 36 |
| sentencing, or an
order for supervision, for an offense based |
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| upon an arrest for a
violation of this Section or a similar | 2 |
| provision of a local ordinance,
individuals shall be required | 3 |
| to undergo a professional evaluation to
determine if an | 4 |
| alcohol, drug, or intoxicating compound abuse problem exists
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| and the
extent of the problem, and undergo the imposition of | 6 |
| treatment as appropriate.
Programs conducting these | 7 |
| evaluations shall be
licensed by the Department of Human | 8 |
| Services. The cost of any professional
evaluation shall be paid | 9 |
| for by the
individual
required to undergo the professional | 10 |
| evaluation.
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| (e-1) Any person who is found guilty of or pleads guilty to | 12 |
| violating this
Section, including any person receiving a | 13 |
| disposition of court supervision for
violating this Section, | 14 |
| may be required by the Court to attend a victim
impact panel | 15 |
| offered by, or under contract with, a County State's Attorney's
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| office, a probation and court services department, Mothers | 17 |
| Against Drunk
Driving,
or the Alliance Against Intoxicated | 18 |
| Motorists.
All costs generated by
the victim impact panel shall | 19 |
| be paid from fees collected from the
offender or as may be | 20 |
| determined by the court.
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| (f) Every person found guilty of violating this Section, | 22 |
| whose
operation of a motor vehicle while in violation of this | 23 |
| Section proximately
caused any incident resulting in an | 24 |
| appropriate emergency response, shall
be liable for the expense | 25 |
| of an emergency response as provided under
Section 5-5-3 of the | 26 |
| Unified Code of Corrections.
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| (g) The Secretary of State shall revoke the driving | 28 |
| privileges of any
person convicted under this Section or a | 29 |
| similar provision of a local
ordinance.
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| (h) Every person sentenced under paragraph (2) or (3) of | 31 |
| subsection (c-1)
of this Section or subsection (d) of this | 32 |
| Section and who
receives a term of probation or conditional | 33 |
| discharge shall be required to
serve a minimum term of either | 34 |
| 60 days community service or 10 days of
imprisonment as a | 35 |
| condition of the probation or
conditional discharge. This | 36 |
| mandatory minimum term of imprisonment or
assignment of |
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LRB093 17146 RLC 42812 b |
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| community service shall not be suspended and shall
not be | 2 |
| subject to reduction by the court.
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| (i) The Secretary of State shall require the use of | 4 |
| ignition interlock
devices on all vehicles owned by an | 5 |
| individual who has been convicted of a
second
or subsequent | 6 |
| offense of this Section or a similar provision of a local
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| ordinance. The Secretary shall establish by rule and regulation | 8 |
| the procedures
for certification and use of the interlock | 9 |
| system.
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| (j) In addition to any other penalties and liabilities, a | 11 |
| person who is
found guilty of or pleads guilty to violating | 12 |
| this Section, including any
person placed on court supervision | 13 |
| for violating this Section, shall be fined
$100, payable to the
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| circuit clerk, who shall distribute the money to the law | 15 |
| enforcement agency
that made the arrest. If the person has been | 16 |
| previously convicted of violating
this Section or a similar | 17 |
| provision of a local ordinance, the fine shall be
$200. In the | 18 |
| event that more than one agency is responsible
for the arrest, | 19 |
| the $100 or $200 shall be shared equally. Any moneys received
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| by a law
enforcement agency under this subsection (j) shall be | 21 |
| used to purchase law
enforcement equipment that will assist in | 22 |
| the prevention of alcohol related
criminal violence throughout | 23 |
| the State. This shall include, but is not limited
to, in-car | 24 |
| video cameras, radar and laser speed detection devices, and | 25 |
| alcohol
breath testers.
Any moneys received by the Department | 26 |
| of State Police under this subsection
(j) shall be deposited | 27 |
| into the State Police DUI Fund and shall be used to
purchase | 28 |
| law enforcement equipment that will assist in the prevention of
| 29 |
| alcohol related criminal violence throughout the State.
| 30 |
| (k) The Secretary of State Police DUI Fund is created as a | 31 |
| special
fund in the State treasury. All moneys received by the | 32 |
| Secretary of State
Police under subsection (j) of this Section | 33 |
| shall be deposited into the
Secretary of State Police DUI Fund | 34 |
| and, subject to appropriation, shall be
used to purchase law | 35 |
| enforcement equipment to assist in the prevention of
alcohol | 36 |
| related criminal violence throughout the State.
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LRB093 17146 RLC 42812 b |
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| (Source: P.A. 92-248, eff. 8-3-01; 92-418, eff. 8-17-01;
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| 92-420, eff. 8-17-01; 92-429, eff. 1-1-02; 92-431, eff. 1-1-02; | 3 |
| 92-651, eff.
7-11-02; 93-156, eff. 1-1-04; 93-213, eff. | 4 |
| 7-18-03; 93-584, eff.
8-22-03; revised 8-27-03.)
| 5 |
| Section 10. The Unified Code of Corrections is amended by | 6 |
| changing Section
5-5-3 as follows:
| 7 |
| (730 ILCS 5/5-5-3) (from Ch. 38, par. 1005-5-3)
| 8 |
| Sec. 5-5-3. Disposition.
| 9 |
| (a) Every person convicted of an offense shall be sentenced | 10 |
| as provided
in this Section.
| 11 |
| (b) The following options shall be appropriate | 12 |
| dispositions, alone
or in combination, for all felonies and | 13 |
| misdemeanors other than those
identified in subsection (c) of | 14 |
| this Section:
| 15 |
| (1) A period of probation.
| 16 |
| (2) A term of periodic imprisonment.
| 17 |
| (3) A term of conditional discharge.
| 18 |
| (4) A term of imprisonment.
| 19 |
| (5) An order directing the offender to clean up and | 20 |
| repair the
damage, if the offender was convicted under | 21 |
| paragraph (h) of Section
21-1 of the Criminal Code of 1961 | 22 |
| (now repealed) .
| 23 |
| (6) A fine.
| 24 |
| (7) An order directing the offender to make restitution | 25 |
| to the
victim under Section 5-5-6 of this Code.
| 26 |
| (8) A sentence of participation in a county impact | 27 |
| incarceration
program under Section 5-8-1.2 of this Code.
| 28 |
| Whenever an individual is sentenced for an offense based | 29 |
| upon an
arrest for a violation of Section 11-501 of the | 30 |
| Illinois Vehicle Code, or a
similar provision of a local | 31 |
| ordinance, and the professional evaluation
recommends remedial | 32 |
| or rehabilitative treatment or education, neither the
| 33 |
| treatment nor the education shall be the sole disposition and | 34 |
| either or
both may be imposed only in conjunction with another |
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LRB093 17146 RLC 42812 b |
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| disposition.
The court shall monitor compliance with any | 2 |
| remedial education or treatment
recommendations contained in | 3 |
| the professional evaluation. Programs
conducting alcohol or | 4 |
| other drug evaluation or remedial education must be
licensed by | 5 |
| the Department of Human Services. However,
if the individual is | 6 |
| not a resident of Illinois, the court may accept an
alcohol or | 7 |
| other drug evaluation or remedial education program in the | 8 |
| state
of such individual's residence. Programs providing | 9 |
| treatment must be
licensed under existing applicable | 10 |
| alcoholism and drug treatment licensure
standards.
| 11 |
| In addition to any other fine or penalty required by law, | 12 |
| any
individual convicted of a violation of Section 11-501 of | 13 |
| the Illinois
Vehicle Code, Section 5-7 of the Snowmobile | 14 |
| Registration and Safety Act,
Section 5-16 of the Boat | 15 |
| Registration and Safety Act, or a similar provision of
local | 16 |
| ordinance, whose operation of
a motor vehicle while in | 17 |
| violation of Section 11-501, Section 5-7, Section
5-16, or such | 18 |
| ordinance
proximately caused an incident resulting in an | 19 |
| appropriate emergency
response, shall be required to make | 20 |
| restitution to a public agency for the
costs of that emergency | 21 |
| response. Such restitution shall not exceed $1,000 per
public | 22 |
| agency for each such emergency response. For the purpose
of
| 23 |
| this paragraph, emergency response shall mean any incident | 24 |
| requiring a response
by: a police officer as defined under | 25 |
| Section 1-162 of the Illinois Vehicle
Code; a fireman carried | 26 |
| on the rolls of a regularly constituted fire
department; and an | 27 |
| ambulance as defined under Section 3.85 of the
Emergency | 28 |
| Medical Services (EMS) Systems Act.
| 29 |
| Neither a fine nor restitution shall be the sole | 30 |
| disposition
for a felony and either or both may be imposed only | 31 |
| in conjunction with
another disposition.
| 32 |
| (c) (1) When a defendant is found guilty of first degree | 33 |
| murder the
State may either seek a sentence of imprisonment | 34 |
| under Section 5-8-1 of
this Code, or where appropriate seek | 35 |
| a sentence of death under Section 9-1
of the Criminal Code | 36 |
| of 1961.
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LRB093 17146 RLC 42812 b |
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| 1 |
| (2) A period of probation, a term of periodic | 2 |
| imprisonment or
conditional discharge shall not be imposed | 3 |
| for the following offenses.
The court shall sentence the | 4 |
| offender to not less than the minimum term
of imprisonment | 5 |
| set forth in this Code for the following offenses, and
may | 6 |
| order a fine or restitution or both in conjunction with | 7 |
| such term of
imprisonment:
| 8 |
| (A) First degree murder where the death penalty is | 9 |
| not imposed.
| 10 |
| (B) Attempted first degree murder.
| 11 |
| (C) A Class X felony.
| 12 |
| (D) A violation of Section 401.1 or 407 of the
| 13 |
| Illinois Controlled Substances Act, or a violation of | 14 |
| subdivision (c)(1) or
(c)(2) of
Section 401 of that Act | 15 |
| which relates to more than 5 grams of a substance
| 16 |
| containing heroin or cocaine or an analog thereof.
| 17 |
| (E) A violation of Section 5.1 or 9 of the Cannabis | 18 |
| Control
Act.
| 19 |
| (F) A Class 2 or greater felony if the offender had | 20 |
| been convicted
of a Class 2 or greater felony within 10 | 21 |
| years of the date on which the
offender
committed the | 22 |
| offense for which he or she is being sentenced, except | 23 |
| as
otherwise provided in Section 40-10 of the | 24 |
| Alcoholism and Other Drug Abuse and
Dependency Act.
| 25 |
| (G) Residential burglary, except as otherwise | 26 |
| provided in Section 40-10
of the Alcoholism and Other | 27 |
| Drug Abuse and Dependency Act.
| 28 |
| (H) Criminal sexual assault.
| 29 |
| (I) Aggravated battery of a senior citizen.
| 30 |
| (J) A forcible felony if the offense was related to | 31 |
| the activities of an
organized gang.
| 32 |
| Before July 1, 1994, for the purposes of this | 33 |
| paragraph, "organized
gang" means an association of 5 | 34 |
| or more persons, with an established hierarchy,
that | 35 |
| encourages members of the association to perpetrate | 36 |
| crimes or provides
support to the members of the |
|
|
|
HB5417 Engrossed |
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LRB093 17146 RLC 42812 b |
|
| 1 |
| association who do commit crimes.
| 2 |
| Beginning July 1, 1994, for the purposes of this | 3 |
| paragraph,
"organized gang" has the meaning ascribed | 4 |
| to it in Section 10 of the Illinois
Streetgang | 5 |
| Terrorism Omnibus Prevention Act.
| 6 |
| (K) Vehicular hijacking.
| 7 |
| (L) A second or subsequent conviction for the | 8 |
| offense of hate crime
when the underlying offense upon | 9 |
| which the hate crime is based is felony
aggravated
| 10 |
| assault or felony mob action.
| 11 |
| (M) A second or subsequent conviction for the | 12 |
| offense of institutional
vandalism if the damage to the | 13 |
| property exceeds $300.
| 14 |
| (N) A Class 3 felony violation of paragraph (1) of | 15 |
| subsection (a) of
Section 2 of the Firearm Owners | 16 |
| Identification Card Act.
| 17 |
| (O) A violation of Section 12-6.1 of the Criminal | 18 |
| Code of 1961.
| 19 |
| (P) A violation of paragraph (1), (2), (3), (4), | 20 |
| (5), or (7) of
subsection (a)
of Section 11-20.1 of the | 21 |
| Criminal Code of 1961.
| 22 |
| (Q) A violation of Section 20-1.2 or 20-1.3 of the | 23 |
| Criminal Code of
1961.
| 24 |
| (R) A violation of Section 24-3A of the Criminal | 25 |
| Code of
1961.
| 26 |
| (S) A violation of Section 11-501(c-1)(3) of the | 27 |
| Illinois Vehicle
Code.
| 28 |
| (T) A second or subsequent violation of paragraph | 29 |
| (6.6) of subsection
(a), subsection (c-5), or | 30 |
| subsection (d-5) of Section 401 of the Illinois
| 31 |
| Controlled Substances Act.
| 32 |
| (3) A minimum term of imprisonment of not less than 5 | 33 |
| days
or 30 days of community service as may be determined | 34 |
| by the
court shall
be imposed for a second violation | 35 |
| committed within 5 years
of a previous violation of Section | 36 |
| 11-501 of the Illinois Vehicle Code or
a similar provision |
|
|
|
HB5417 Engrossed |
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LRB093 17146 RLC 42812 b |
|
| 1 |
| of a local ordinance.
In the case of a third or
subsequent | 2 |
| violation committed within 5 years of a previous violation | 3 |
| of
Section 11-501 of the Illinois Vehicle Code or a similar | 4 |
| provision of a local
ordinance, a minimum term of either 10 | 5 |
| days of imprisonment or 60 days of
community service shall | 6 |
| be imposed.
| 7 |
| (4) A minimum term of imprisonment of not less than 10
| 8 |
| consecutive days or 30 days of community service shall be | 9 |
| imposed for a
violation of paragraph (c) of Section 6-303 | 10 |
| of the Illinois Vehicle Code.
| 11 |
| (4.1) A minimum term of 30 consecutive days of | 12 |
| imprisonment,
40 days of 24 hour periodic imprisonment or | 13 |
| 720 hours of community
service, as may be determined by the | 14 |
| court, shall be imposed for a violation of
Section 11-501 | 15 |
| of the Illinois Vehicle Code during a period in which the
| 16 |
| defendant's driving privileges are revoked or suspended,
| 17 |
| where the revocation or suspension was for a
violation of | 18 |
| Section
11-501 or Section 11-501.1 of that Code.
| 19 |
| (4.2) Except as provided in paragraph (4.3) of this | 20 |
| subsection (c), a
minimum of
100 hours of community service | 21 |
| shall be imposed for a second violation of
Section 6-303
of | 22 |
| the Illinois Vehicle Code.
| 23 |
| (4.3) A minimum term of imprisonment of 30 days or 300 | 24 |
| hours of community
service, as determined by the court, | 25 |
| shall
be imposed for a second violation of subsection (c) | 26 |
| of Section 6-303 of the
Illinois Vehicle Code.
| 27 |
| (4.4) Except as provided in paragraph (4.5) and | 28 |
| paragraph (4.6) of this
subsection (c), a
minimum term of | 29 |
| imprisonment of 30 days or 300 hours of community service, | 30 |
| as
determined by the court, shall
be imposed
for a third or | 31 |
| subsequent violation of Section 6-303 of the Illinois | 32 |
| Vehicle
Code.
| 33 |
| (4.5) A minimum term of imprisonment of 30 days
shall | 34 |
| be imposed for a third violation of subsection (c) of
| 35 |
| Section 6-303 of the Illinois Vehicle Code.
| 36 |
| (4.6) A minimum term of imprisonment of 180 days shall |
|
|
|
HB5417 Engrossed |
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LRB093 17146 RLC 42812 b |
|
| 1 |
| be imposed for a
fourth or subsequent violation of | 2 |
| subsection (c) of Section 6-303 of the
Illinois Vehicle | 3 |
| Code.
| 4 |
| (5) The court may sentence an offender convicted of a | 5 |
| business
offense or a petty offense or a corporation or | 6 |
| unincorporated
association convicted of any offense to:
| 7 |
| (A) a period of conditional discharge;
| 8 |
| (B) a fine;
| 9 |
| (C) make restitution to the victim under Section | 10 |
| 5-5-6 of this Code.
| 11 |
| (5.1) In addition to any penalties imposed under | 12 |
| paragraph (5) of this
subsection (c), and except as | 13 |
| provided in paragraph (5.2) or (5.3), a person
convicted of | 14 |
| violating subsection (c) of Section 11-907 of the Illinois
| 15 |
| Vehicle Code shall have his or her driver's license, | 16 |
| permit, or privileges
suspended for at least 90 days but | 17 |
| not more than one year, if the violation
resulted in damage | 18 |
| to the property of another person.
| 19 |
| (5.2) In addition to any penalties imposed under | 20 |
| paragraph (5) of this
subsection (c), and except as | 21 |
| provided in paragraph (5.3), a person convicted
of | 22 |
| violating subsection (c) of Section 11-907 of the Illinois | 23 |
| Vehicle Code
shall have his or her driver's license, | 24 |
| permit, or privileges suspended for at
least 180 days but | 25 |
| not more than 2 years, if the violation resulted in injury
| 26 |
| to
another person.
| 27 |
| (5.3) In addition to any penalties imposed under | 28 |
| paragraph (5) of
this
subsection (c), a person convicted of | 29 |
| violating subsection (c) of Section
11-907 of the Illinois | 30 |
| Vehicle Code shall have his or her driver's license,
| 31 |
| permit, or privileges suspended for 2 years, if the | 32 |
| violation resulted in the
death of another person.
| 33 |
| (6) In no case shall an offender be eligible for a | 34 |
| disposition of
probation or conditional discharge for a | 35 |
| Class 1 felony committed while
he was serving a term of | 36 |
| probation or conditional discharge for a felony.
|
|
|
|
HB5417 Engrossed |
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LRB093 17146 RLC 42812 b |
|
| 1 |
| (7) When a defendant is adjudged a habitual criminal | 2 |
| under Article
33B of the Criminal Code of 1961, the court | 3 |
| shall sentence
the defendant to a term of natural life | 4 |
| imprisonment.
| 5 |
| (8) When a defendant, over the age of 21 years, is | 6 |
| convicted of a
Class 1 or Class 2 felony, after having | 7 |
| twice been convicted
in any state or
federal court of an | 8 |
| offense that contains the same elements as an offense now
| 9 |
| classified in Illinois as a Class 2 or greater Class felony
| 10 |
| and such charges are
separately brought and tried and arise | 11 |
| out of different series of acts,
such defendant shall be | 12 |
| sentenced as a Class X offender. This paragraph
shall not | 13 |
| apply unless (1) the first felony was committed after the
| 14 |
| effective date of this amendatory Act of 1977; and (2) the | 15 |
| second felony
was committed after conviction on the first; | 16 |
| and (3) the third felony
was committed after conviction on | 17 |
| the second.
A person sentenced as a Class X offender under | 18 |
| this paragraph is not
eligible to apply for treatment as a | 19 |
| condition of probation as provided by
Section 40-10 of the | 20 |
| Alcoholism and Other Drug Abuse and Dependency Act.
| 21 |
| (9) A defendant convicted of a second or subsequent | 22 |
| offense of ritualized
abuse of a child may be sentenced to | 23 |
| a term of natural life imprisonment.
| 24 |
| (10) When a person is convicted of violating Section | 25 |
| 11-501 of the
Illinois
Vehicle Code or a similar provision | 26 |
| of a local ordinance, the following
penalties apply when | 27 |
| his or her blood,
breath, or urine was .16 or more based on | 28 |
| the definition of blood, breath, or
urine units in
Section | 29 |
| 11-501.2
or that person is convicted of violating Section | 30 |
| 11-501 of the Illinois Vehicle
Code while
transporting a | 31 |
| child under the age of 16 :
| 32 |
| (A) For a first violation of subsection (a) of | 33 |
| Section 11-501, in
addition to any other penalty that | 34 |
| may be imposed under subsection (c) of
Section 11-501: | 35 |
| a
mandatory
minimum of
100 hours of community
service | 36 |
| and a minimum fine of
$500.
|
|
|
|
HB5417 Engrossed |
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LRB093 17146 RLC 42812 b |
|
| 1 |
| (B) For a second violation of subsection (a) of | 2 |
| Section 11-501, in
addition to any other penalty that | 3 |
| may be imposed under subsection (c) of
Section 11-501 | 4 |
| within 10
years: a
mandatory minimum of 2
days of | 5 |
| imprisonment
and a minimum fine of $1,250.
| 6 |
| (C) For a third violation of subsection (a) of | 7 |
| Section 11-501, in
addition to any other penalty that | 8 |
| may be imposed under subsection (c) of
Section 11-501 | 9 |
| within 20
years: a
mandatory
minimum of 90 days of | 10 |
| imprisonment and a minimum
fine of $2,500.
| 11 |
| (D) For a fourth or subsequent violation of | 12 |
| subsection (a) of Section
11-501: ineligibility for a | 13 |
| sentence
of probation or conditional discharge and a | 14 |
| minimum
fine of $2,500.
| 15 |
| (11) When a person is convicted of violating Section | 16 |
| 11-501 of the
Illinois
Vehicle Code or a similar provision | 17 |
| of a local ordinance, the following
penalties apply when
| 18 |
| that person is convicted of violating Section 11-501 of the | 19 |
| Illinois Vehicle
Code while
transporting a child under the | 20 |
| age of 16:
| 21 |
| (A) Except as otherwise provided in subparagraph | 22 |
| (B) of this subdivision
(c)(11),
for a first violation | 23 |
| of
subsection (a) of Section 11-501, in
addition to any | 24 |
| other penalty that may be imposed under subsection (c) | 25 |
| of
Section 11-501: 25 days of community service in a | 26 |
| program benefiting children
and a mandatory fine of | 27 |
| $1,000.
| 28 |
| (B) For a first violation of subsection (a) of | 29 |
| Section 11-501, if the
violation was the proximate | 30 |
| cause of an accident resulting in bodily harm to
the | 31 |
| child under the age of 16 being transported, in
| 32 |
| addition to any other penalty that may be imposed under | 33 |
| subsection (c) of
Section 11-501: 25 days of community | 34 |
| service in a program benefiting children
and a | 35 |
| mandatory fine of $2,500. | 36 |
| (C) Except as otherwise provided in subparagraph |
|
|
|
HB5417 Engrossed |
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LRB093 17146 RLC 42812 b |
|
| 1 |
| (D) of this subdivision
(c)(11), for a second violation | 2 |
| of subsection (a) of Section 11-501 within 10
years, in
| 3 |
| addition to any other penalty that may be imposed under | 4 |
| subsection (c) of
Section 11-501: 25 days of community | 5 |
| service in a program benefiting children
and a minimum | 6 |
| fine of $2,500. | 7 |
| (D) For a second violation of subsection (a) of | 8 |
| Section 11-501 within
10 years, if the violation was | 9 |
| the proximate cause of an accident resulting in
bodily | 10 |
| harm to the person under the age of 16 being | 11 |
| transported, in addition to
any other penalty that may | 12 |
| be imposed under subsection (c) of
Section 11-501: 25 | 13 |
| days of community service in a program benefiting | 14 |
| children
and a mandatory fine of $5,000. | 15 |
| (E) For a third or subsequent violation of | 16 |
| subsection (a) of Section
11-501 within 20 years, in
| 17 |
| addition to any other penalty that may be imposed under | 18 |
| subsection (c) of
Section 11-501: 25 days of community | 19 |
| service in a program benefiting children and a
| 20 |
| mandatory fine of $25,000.
| 21 |
| (d) In any case in which a sentence originally imposed is | 22 |
| vacated,
the case shall be remanded to the trial court. The | 23 |
| trial court shall
hold a hearing under Section 5-4-1 of the | 24 |
| Unified Code of Corrections
which may include evidence of the | 25 |
| defendant's life, moral character and
occupation during the | 26 |
| time since the original sentence was passed. The
trial court | 27 |
| shall then impose sentence upon the defendant. The trial
court | 28 |
| may impose any sentence which could have been imposed at the
| 29 |
| original trial subject to Section 5-5-4 of the Unified Code of | 30 |
| Corrections.
If a sentence is vacated on appeal or on | 31 |
| collateral attack due to the
failure of the trier of fact at | 32 |
| trial to determine beyond a reasonable doubt
the
existence of a | 33 |
| fact (other than a prior conviction) necessary to increase the
| 34 |
| punishment for the offense beyond the statutory maximum | 35 |
| otherwise applicable,
either the defendant may be re-sentenced | 36 |
| to a term within the range otherwise
provided or, if the State |
|
|
|
HB5417 Engrossed |
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LRB093 17146 RLC 42812 b |
|
| 1 |
| files notice of its intention to again seek the
extended | 2 |
| sentence, the defendant shall be afforded a new trial.
| 3 |
| (e) In cases where prosecution for
aggravated criminal | 4 |
| sexual abuse under Section 12-16 of the
Criminal Code of 1961 | 5 |
| results in conviction of a defendant
who was a family member of | 6 |
| the victim at the time of the commission of the
offense, the | 7 |
| court shall consider the safety and welfare of the victim and
| 8 |
| may impose a sentence of probation only where:
| 9 |
| (1) the court finds (A) or (B) or both are appropriate:
| 10 |
| (A) the defendant is willing to undergo a court | 11 |
| approved counseling
program for a minimum duration of 2 | 12 |
| years; or
| 13 |
| (B) the defendant is willing to participate in a | 14 |
| court approved plan
including but not limited to the | 15 |
| defendant's:
| 16 |
| (i) removal from the household;
| 17 |
| (ii) restricted contact with the victim;
| 18 |
| (iii) continued financial support of the | 19 |
| family;
| 20 |
| (iv) restitution for harm done to the victim; | 21 |
| and
| 22 |
| (v) compliance with any other measures that | 23 |
| the court may
deem appropriate; and
| 24 |
| (2) the court orders the defendant to pay for the | 25 |
| victim's counseling
services, to the extent that the court | 26 |
| finds, after considering the
defendant's income and | 27 |
| assets, that the defendant is financially capable of
paying | 28 |
| for such services, if the victim was under 18 years of age | 29 |
| at the
time the offense was committed and requires | 30 |
| counseling as a result of the
offense.
| 31 |
| Probation may be revoked or modified pursuant to Section | 32 |
| 5-6-4; except
where the court determines at the hearing that | 33 |
| the defendant violated a
condition of his or her probation | 34 |
| restricting contact with the victim or
other family members or | 35 |
| commits another offense with the victim or other
family | 36 |
| members, the court shall revoke the defendant's probation and
|
|
|
|
HB5417 Engrossed |
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LRB093 17146 RLC 42812 b |
|
| 1 |
| impose a term of imprisonment.
| 2 |
| For the purposes of this Section, "family member" and | 3 |
| "victim" shall have
the meanings ascribed to them in Section | 4 |
| 12-12 of the Criminal Code of
1961.
| 5 |
| (f) This Article shall not deprive a court in other | 6 |
| proceedings to
order a forfeiture of property, to suspend or | 7 |
| cancel a license, to
remove a person from office, or to impose | 8 |
| any other civil penalty.
| 9 |
| (g) Whenever a defendant is convicted of an offense under | 10 |
| Sections
11-14, 11-15, 11-15.1, 11-16, 11-17, 11-18, 11-18.1, | 11 |
| 11-19, 11-19.1, 11-19.2,
12-13, 12-14, 12-14.1, 12-15 or 12-16 | 12 |
| of the Criminal Code of 1961,
the defendant shall undergo | 13 |
| medical testing to
determine whether the defendant has any | 14 |
| sexually transmissible disease,
including a test for infection | 15 |
| with human immunodeficiency virus (HIV) or
any other identified | 16 |
| causative agent of acquired immunodeficiency syndrome
(AIDS). | 17 |
| Any such medical test shall be performed only by appropriately
| 18 |
| licensed medical practitioners and may include an analysis of | 19 |
| any bodily
fluids as well as an examination of the defendant's | 20 |
| person.
Except as otherwise provided by law, the results of | 21 |
| such test shall be kept
strictly confidential by all medical | 22 |
| personnel involved in the testing and must
be personally | 23 |
| delivered in a sealed envelope to the judge of the court in | 24 |
| which
the conviction was entered for the judge's inspection in | 25 |
| camera. Acting in
accordance with the best interests of the | 26 |
| victim and the public, the judge
shall have the discretion to | 27 |
| determine to whom, if anyone, the results of the
testing may be | 28 |
| revealed. The court shall notify the defendant
of the test | 29 |
| results. The court shall
also notify the victim if requested by | 30 |
| the victim, and if the victim is under
the age of 15 and if | 31 |
| requested by the victim's parents or legal guardian, the
court | 32 |
| shall notify the victim's parents or legal guardian of the test
| 33 |
| results.
The court shall provide information on the | 34 |
| availability of HIV testing
and counseling at Department of | 35 |
| Public Health facilities to all parties to
whom the results of | 36 |
| the testing are revealed and shall direct the State's
Attorney |
|
|
|
HB5417 Engrossed |
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LRB093 17146 RLC 42812 b |
|
| 1 |
| to provide the information to the victim when possible.
A | 2 |
| State's Attorney may petition the court to obtain the results | 3 |
| of any HIV test
administered under this Section, and the court | 4 |
| shall grant the disclosure if
the State's Attorney shows it is | 5 |
| relevant in order to prosecute a charge of
criminal | 6 |
| transmission of HIV under Section 12-16.2 of the Criminal Code | 7 |
| of 1961
against the defendant. The court shall order that the | 8 |
| cost of any such test
shall be paid by the county and may be | 9 |
| taxed as costs against the convicted
defendant.
| 10 |
| (g-5) When an inmate is tested for an airborne communicable | 11 |
| disease, as
determined by the Illinois Department of Public | 12 |
| Health including but not
limited to tuberculosis, the results | 13 |
| of the test shall be
personally delivered by the warden or his | 14 |
| or her designee in a sealed envelope
to the judge of the court | 15 |
| in which the inmate must appear for the judge's
inspection in | 16 |
| camera if requested by the judge. Acting in accordance with the
| 17 |
| best interests of those in the courtroom, the judge shall have | 18 |
| the discretion
to determine what if any precautions need to be | 19 |
| taken to prevent transmission
of the disease in the courtroom.
| 20 |
| (h) Whenever a defendant is convicted of an offense under | 21 |
| Section 1 or 2
of the Hypodermic Syringes and Needles Act, the | 22 |
| defendant shall undergo
medical testing to determine whether | 23 |
| the defendant has been exposed to human
immunodeficiency virus | 24 |
| (HIV) or any other identified causative agent of
acquired | 25 |
| immunodeficiency syndrome (AIDS). Except as otherwise provided | 26 |
| by
law, the results of such test shall be kept strictly | 27 |
| confidential by all
medical personnel involved in the testing | 28 |
| and must be personally delivered in a
sealed envelope to the | 29 |
| judge of the court in which the conviction was entered
for the | 30 |
| judge's inspection in camera. Acting in accordance with the | 31 |
| best
interests of the public, the judge shall have the | 32 |
| discretion to determine to
whom, if anyone, the results of the | 33 |
| testing may be revealed. The court shall
notify the defendant | 34 |
| of a positive test showing an infection with the human
| 35 |
| immunodeficiency virus (HIV). The court shall provide | 36 |
| information on the
availability of HIV testing and counseling |
|
|
|
HB5417 Engrossed |
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LRB093 17146 RLC 42812 b |
|
| 1 |
| at Department of Public Health
facilities to all parties to | 2 |
| whom the results of the testing are revealed and
shall direct | 3 |
| the State's Attorney to provide the information to the victim | 4 |
| when
possible. A State's Attorney may petition the court to | 5 |
| obtain the results of
any HIV test administered under this | 6 |
| Section, and the court shall grant the
disclosure if the | 7 |
| State's Attorney shows it is relevant in order to prosecute a
| 8 |
| charge of criminal transmission of HIV under Section 12-16.2 of | 9 |
| the Criminal
Code of 1961 against the defendant. The court | 10 |
| shall order that the cost of any
such test shall be paid by the | 11 |
| county and may be taxed as costs against the
convicted | 12 |
| defendant.
| 13 |
| (i) All fines and penalties imposed under this Section for | 14 |
| any violation
of Chapters 3, 4, 6, and 11 of the Illinois | 15 |
| Vehicle Code, or a similar
provision of a local ordinance, and | 16 |
| any violation
of the Child Passenger Protection Act, or a | 17 |
| similar provision of a local
ordinance, shall be collected and | 18 |
| disbursed by the circuit
clerk as provided under Section 27.5 | 19 |
| of the Clerks of Courts Act.
| 20 |
| (j) In cases when prosecution for any violation of Section | 21 |
| 11-6, 11-8,
11-9, 11-11, 11-14, 11-15, 11-15.1, 11-16, 11-17, | 22 |
| 11-17.1, 11-18, 11-18.1,
11-19, 11-19.1, 11-19.2, 11-20.1, | 23 |
| 11-21, 12-13, 12-14, 12-14.1, 12-15, or
12-16 of the
Criminal | 24 |
| Code of 1961, any violation of the Illinois Controlled | 25 |
| Substances Act,
or any violation of the Cannabis Control Act | 26 |
| results in conviction, a
disposition of court supervision, or | 27 |
| an order of probation granted under
Section 10 of the Cannabis | 28 |
| Control Act or Section 410 of the Illinois
Controlled Substance | 29 |
| Act of a defendant, the court shall determine whether the
| 30 |
| defendant is employed by a facility or center as defined under | 31 |
| the Child Care
Act of 1969, a public or private elementary or | 32 |
| secondary school, or otherwise
works with children under 18 | 33 |
| years of age on a daily basis. When a defendant
is so employed, | 34 |
| the court shall order the Clerk of the Court to send a copy of
| 35 |
| the judgment of conviction or order of supervision or probation | 36 |
| to the
defendant's employer by certified mail.
If the employer |
|
|
|
HB5417 Engrossed |
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LRB093 17146 RLC 42812 b |
|
| 1 |
| of the defendant is a school, the Clerk of the Court shall
| 2 |
| direct the mailing of a copy of the judgment of conviction or | 3 |
| order of
supervision or probation to the appropriate regional | 4 |
| superintendent of schools.
The regional superintendent of | 5 |
| schools shall notify the State Board of
Education of any | 6 |
| notification under this subsection.
| 7 |
| (j-5) A defendant at least 17 years of age who is convicted | 8 |
| of a felony and
who has not been previously convicted of a | 9 |
| misdemeanor or felony and who is
sentenced to a term of | 10 |
| imprisonment in the Illinois Department of Corrections
shall as | 11 |
| a condition of his or her sentence be required by the court to | 12 |
| attend
educational courses designed to prepare the defendant | 13 |
| for a high school diploma
and to work toward a high school | 14 |
| diploma or to work toward passing the high
school level Test of | 15 |
| General Educational Development (GED) or to work toward
| 16 |
| completing a vocational training program offered by the | 17 |
| Department of
Corrections. If a defendant fails to complete the | 18 |
| educational training
required by his or her sentence during the | 19 |
| term of incarceration, the Prisoner
Review Board shall, as a | 20 |
| condition of mandatory supervised release, require the
| 21 |
| defendant, at his or her own expense, to pursue a course of | 22 |
| study toward a high
school diploma or passage of the GED test. | 23 |
| The Prisoner Review Board shall
revoke the mandatory supervised | 24 |
| release of a defendant who wilfully fails to
comply with this | 25 |
| subsection (j-5) upon his or her release from confinement in a
| 26 |
| penal institution while serving a mandatory supervised release | 27 |
| term; however,
the inability of the defendant after making a | 28 |
| good faith effort to obtain
financial aid or pay for the | 29 |
| educational training shall not be deemed a wilful
failure to | 30 |
| comply. The Prisoner Review Board shall recommit the defendant
| 31 |
| whose mandatory supervised release term has been revoked under | 32 |
| this subsection
(j-5) as provided in Section 3-3-9. This | 33 |
| subsection (j-5) does not apply to a
defendant who has a high | 34 |
| school diploma or has successfully passed the GED
test. This | 35 |
| subsection (j-5) does not apply to a defendant who is | 36 |
| determined by
the court to be developmentally disabled or |
|
|
|
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LRB093 17146 RLC 42812 b |
|
| 1 |
| otherwise mentally incapable of
completing the educational or | 2 |
| vocational program.
| 3 |
| (k) A court may not impose a sentence or disposition for a
| 4 |
| felony or misdemeanor that requires the defendant to be | 5 |
| implanted or injected
with or to use any form of birth control.
| 6 |
| (l) (A) Except as provided
in paragraph (C) of subsection | 7 |
| (l), whenever a defendant,
who is an alien as defined by | 8 |
| the Immigration and Nationality Act, is convicted
of any | 9 |
| felony or misdemeanor offense, the court after sentencing | 10 |
| the defendant
may, upon motion of the State's Attorney, | 11 |
| hold sentence in abeyance and remand
the defendant to the | 12 |
| custody of the Attorney General of
the United States or his | 13 |
| or her designated agent to be deported when:
| 14 |
| (1) a final order of deportation has been issued | 15 |
| against the defendant
pursuant to proceedings under | 16 |
| the Immigration and Nationality Act, and
| 17 |
| (2) the deportation of the defendant would not | 18 |
| deprecate the seriousness
of the defendant's conduct | 19 |
| and would not be inconsistent with the ends of
justice.
| 20 |
| Otherwise, the defendant shall be sentenced as | 21 |
| provided in this Chapter V.
| 22 |
| (B) If the defendant has already been sentenced for a | 23 |
| felony or
misdemeanor
offense, or has been placed on | 24 |
| probation under Section 10 of the Cannabis
Control Act or | 25 |
| Section 410 of the Illinois Controlled Substances Act, the | 26 |
| court
may, upon motion of the State's Attorney to suspend | 27 |
| the
sentence imposed, commit the defendant to the custody | 28 |
| of the Attorney General
of the United States or his or her | 29 |
| designated agent when:
| 30 |
| (1) a final order of deportation has been issued | 31 |
| against the defendant
pursuant to proceedings under | 32 |
| the Immigration and Nationality Act, and
| 33 |
| (2) the deportation of the defendant would not | 34 |
| deprecate the seriousness
of the defendant's conduct | 35 |
| and would not be inconsistent with the ends of
justice.
| 36 |
| (C) This subsection (l) does not apply to offenders who |
|
|
|
HB5417 Engrossed |
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LRB093 17146 RLC 42812 b |
|
| 1 |
| are subject to the
provisions of paragraph (2) of | 2 |
| subsection (a) of Section 3-6-3.
| 3 |
| (D) Upon motion of the State's Attorney, if a defendant | 4 |
| sentenced under
this Section returns to the jurisdiction of | 5 |
| the United States, the defendant
shall be recommitted to | 6 |
| the custody of the county from which he or she was
| 7 |
| sentenced.
Thereafter, the defendant shall be brought | 8 |
| before the sentencing court, which
may impose any sentence | 9 |
| that was available under Section 5-5-3 at the time of
| 10 |
| initial sentencing. In addition, the defendant shall not be | 11 |
| eligible for
additional good conduct credit for | 12 |
| meritorious service as provided under
Section 3-6-6.
| 13 |
| (m) A person convicted of criminal defacement of property | 14 |
| under Section
21-1.3 of the Criminal Code of 1961, in which the | 15 |
| property damage exceeds $300
and the property damaged is a | 16 |
| school building, shall be ordered to perform
community service | 17 |
| that may include cleanup, removal, or painting over the
| 18 |
| defacement.
| 19 |
| (n) The court may sentence a person convicted of a | 20 |
| violation of Section
12-19, 12-21, or 16-1.3 of the Criminal | 21 |
| Code of 1961 (i) to an impact
incarceration program if the | 22 |
| person is otherwise eligible for that program
under Section | 23 |
| 5-8-1.1, (ii) to community service, or (iii) if the person is | 24 |
| an
addict or alcoholic, as defined in the Alcoholism and Other | 25 |
| Drug Abuse and
Dependency Act, to a substance or alcohol abuse | 26 |
| program licensed under that
Act.
| 27 |
| (Source: P.A. 92-183, eff. 7-27-01; 92-248, eff. 8-3-01; | 28 |
| 92-283, eff.
1-1-02; 92-340, eff. 8-10-01; 92-418, eff. | 29 |
| 8-17-01; 92-422, eff. 8-17-01;
92-651, eff. 7-11-02; 92-698, | 30 |
| eff. 7-19-02; 93-44, eff. 7-1-03; 93-156, eff.
1-1-04; 93-169, | 31 |
| eff. 7-10-03; 93-301, eff. 1-1-04; 93-419, eff. 1-1-04;
93-546, | 32 |
| eff. 1-1-04; revised 10-9-03 .)
|
|