Full Text of SB3292 99th General Assembly
SB3292sam001 99TH GENERAL ASSEMBLY | Sen. Kwame Raoul Filed: 3/15/2016
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| 1 | | AMENDMENT TO SENATE BILL 3292
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 3292 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Illinois Controlled Substances Act is | 5 | | amended by changing Section 402 as follows:
| 6 | | (720 ILCS 570/402) (from Ch. 56 1/2, par. 1402)
| 7 | | Sec. 402. Except as otherwise authorized by this Act, it is | 8 | | unlawful for
any person knowingly to possess a controlled or | 9 | | counterfeit substance or controlled substance analog.
A | 10 | | violation of this Act with respect to each of the controlled | 11 | | substances
listed herein constitutes a single and separate | 12 | | violation of this Act. For purposes of this Section, | 13 | | "controlled substance analog" or "analog"
means a substance, | 14 | | other than a controlled substance, that has a chemical | 15 | | structure substantially similar to that of a controlled
| 16 | | substance in Schedule I or II, or that was specifically |
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| 1 | | designed to produce
an effect substantially similar to that of | 2 | | a controlled substance in Schedule
I or II. Examples of | 3 | | chemical classes in which controlled substance analogs
are | 4 | | found include, but are not limited to, the following: | 5 | | phenethylamines,
N-substituted piperidines, morphinans, | 6 | | ecgonines, quinazolinones, substituted
indoles, and | 7 | | arylcycloalkylamines. For purposes of this Act, a controlled
| 8 | | substance analog shall be treated in the same manner as the | 9 | | controlled
substance to which it is substantially similar.
| 10 | | (a) Any person who violates this Section with respect to | 11 | | the following
controlled or counterfeit substances and | 12 | | amounts, notwithstanding any of the
provisions of subsections | 13 | | (c) and (d) to the
contrary, is guilty of a Class 1 felony and | 14 | | shall, if sentenced to a term
of imprisonment, be sentenced as | 15 | | provided in this subsection (a) and fined
as provided in | 16 | | subsection (b):
| 17 | | (1) (A) not less than 4 years and not more than 15 | 18 | | years with respect
to 15 grams or more but less than | 19 | | 100 grams of a substance containing heroin;
| 20 | | (B) not less than 6 years and not more than 30 | 21 | | years with respect to 100
grams or more but less than | 22 | | 400 grams of a substance containing heroin;
| 23 | | (C) not less than 8 years and not more than 40 | 24 | | years with respect to 400
grams or more but less than | 25 | | 900 grams of any substance containing heroin;
| 26 | | (D) not less than 10 years and not more than 50 |
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| 1 | | years with respect to
900 grams or more of any | 2 | | substance containing heroin;
| 3 | | (2) (A) not less than 4 years and not more than 15 | 4 | | years with respect
to 15 grams or more but less than | 5 | | 100 grams of any substance containing
cocaine;
| 6 | | (B) not less than 6 years and not more than 30 | 7 | | years with respect to 100
grams or more but less than | 8 | | 400 grams of any substance containing cocaine;
| 9 | | (C) not less than 8 years and not more than 40 | 10 | | years with respect to 400
grams or more but less than | 11 | | 900 grams of any substance containing cocaine;
| 12 | | (D) not less than 10 years and not more than 50 | 13 | | years with respect to
900 grams or more of any | 14 | | substance containing cocaine;
| 15 | | (3) (A) not less than 4 years and not more than 15 | 16 | | years with respect
to 15 grams or more but less than | 17 | | 100 grams of any substance containing
morphine;
| 18 | | (B) not less than 6 years and not more than 30 | 19 | | years with respect to 100
grams or more but less than | 20 | | 400 grams of any substance containing morphine;
| 21 | | (C) not less than 6 years and not more than 40 | 22 | | years with respect to 400
grams or more but less than | 23 | | 900 grams of any substance containing morphine;
| 24 | | (D) not less than 10 years and not more than 50 | 25 | | years with respect to
900 grams or more of any | 26 | | substance containing morphine;
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| 1 | | (4) 200 grams or more of any substance containing | 2 | | peyote;
| 3 | | (5) 200 grams or more of any substance containing a | 4 | | derivative of
barbituric acid or any of the salts of a | 5 | | derivative of barbituric acid;
| 6 | | (6) 200 grams or more of any substance containing | 7 | | amphetamine or any salt
of an optical isomer of | 8 | | amphetamine;
| 9 | | (6.5) (blank);
| 10 | | (7) (A) not less than 4 years and not more than 15 | 11 | | years with respect
to: (i) 15 grams or more but less | 12 | | than 100 grams of any substance containing
lysergic | 13 | | acid diethylamide (LSD), or an analog thereof, or (ii) | 14 | | 15 or
more objects or 15 or more segregated parts of an | 15 | | object or objects but
less than 200 objects or 200 | 16 | | segregated parts of an object or objects
containing in | 17 | | them or having upon them any amount of any substance
| 18 | | containing lysergic acid diethylamide (LSD), or an | 19 | | analog thereof;
| 20 | | (B) not less than 6 years and not more than 30 | 21 | | years with respect
to: (i) 100 grams or more but less | 22 | | than 400 grams of any substance
containing lysergic | 23 | | acid diethylamide (LSD), or an analog thereof, or (ii)
| 24 | | 200 or more objects or 200 or more segregated parts of | 25 | | an object or objects
but less than 600 objects or less | 26 | | than 600 segregated parts of an object or
objects |
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| 1 | | containing in them or having upon them any amount of | 2 | | any substance
containing lysergic acid diethylamide | 3 | | (LSD), or an analog thereof;
| 4 | | (C) not less than 8 years and not more than 40 | 5 | | years with respect
to: (i) 400 grams or more but less | 6 | | than 900 grams of any substance
containing lysergic | 7 | | acid diethylamide (LSD), or an analog thereof, or (ii)
| 8 | | 600 or more objects or 600 or more segregated parts of | 9 | | an object or objects
but less than 1500 objects or 1500 | 10 | | segregated parts of an object or objects
containing in | 11 | | them or having upon them any amount of any substance
| 12 | | containing lysergic acid diethylamide (LSD), or an | 13 | | analog thereof;
| 14 | | (D) not less than 10 years and not more than 50 | 15 | | years with respect
to: (i) 900 grams or more of any | 16 | | substance containing lysergic acid
diethylamide (LSD), | 17 | | or an analog thereof, or (ii) 1500 or more objects or
| 18 | | 1500 or more segregated parts of an object or objects | 19 | | containing in them or
having upon them any amount of a | 20 | | substance containing lysergic acid
diethylamide (LSD), | 21 | | or an analog thereof;
| 22 | | (7.5) (A) not less than 4 years and not more than 15 | 23 | | years with respect
to: (i) 15
grams or more but
less | 24 | | than 100 grams of any substance listed in paragraph | 25 | | (1), (2), (2.1), (2.2), (3),
(14.1), (19),
(20), | 26 | | (20.1), (21), (25), or (26) of subsection (d) of |
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| 1 | | Section 204, or an
analog or derivative
thereof, or | 2 | | (ii) 15 or more pills, tablets, caplets, capsules, or | 3 | | objects but
less than 200 pills,
tablets, caplets, | 4 | | capsules, or objects containing in them or having upon | 5 | | them
any amount of any
substance listed in paragraph | 6 | | (1), (2), (2.1), (2.2), (3), (14.1), (19), (20), | 7 | | (20.1),
(21), (25), or (26) of
subsection (d) of | 8 | | Section 204, or an analog or derivative thereof;
| 9 | | (B) not less than 6 years and not more than 30 | 10 | | years with respect to: (i)
100
grams or more but
less | 11 | | than 400 grams of any substance listed in paragraph | 12 | | (1), (2), (2.1), (2.2), (3),
(14.1), (19), (20),
| 13 | | (20.1), (21), (25), or (26) of subsection (d) of | 14 | | Section 204, or an analog or
derivative thereof, or
| 15 | | (ii) 200 or more pills, tablets, caplets, capsules, or | 16 | | objects but less than
600
pills, tablets,
caplets, | 17 | | capsules, or objects containing in them or having upon | 18 | | them any amount
of any
substance
listed in paragraph | 19 | | (1), (2), (2.1), (2.2), (3), (14.1), (19), (20), | 20 | | (20.1), (21),
(25), or (26) of subsection
(d) of | 21 | | Section 204, or an analog or derivative thereof;
| 22 | | (C) not less than 8 years and not more than 40 | 23 | | years with respect to: (i)
400
grams or more but
less | 24 | | than 900 grams of any substance listed in paragraph | 25 | | (1), (2), (2.1), (2.2), (3),
(14.1), (19), (20),
| 26 | | (20.1), (21), (25), or (26) of subsection (d) of |
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| 1 | | Section 204, or an analog or
derivative thereof,
or | 2 | | (ii) 600 or more pills, tablets, caplets, capsules, or | 3 | | objects but less than
1,500 pills, tablets,
caplets, | 4 | | capsules, or objects containing in them or having upon | 5 | | them any amount
of any
substance listed in paragraph | 6 | | (1), (2), (2.1), (2.2), (3), (14.1), (19), (20), | 7 | | (20.1),
(21), (25), or (26) of
subsection (d) of | 8 | | Section 204, or an analog or derivative thereof;
| 9 | | (D) not less than 10 years and not more than 50 | 10 | | years with respect to:
(i)
900 grams or more of
any | 11 | | substance listed in paragraph (1), (2), (2.1), (2.2), | 12 | | (3), (14.1), (19), (20),
(20.1), (21), (25), or (26)
of | 13 | | subsection (d) of Section 204, or an analog or | 14 | | derivative thereof, or (ii)
1,500 or more pills,
| 15 | | tablets, caplets, capsules, or objects containing in | 16 | | them or having upon them
any amount of a
substance | 17 | | listed in paragraph (1), (2), (2.1), (2.2), (3), | 18 | | (14.1), (19), (20), (20.1),
(21), (25), or (26) of
| 19 | | subsection (d) of Section 204, or an analog or | 20 | | derivative thereof;
| 21 | | (8) 30 grams or more of any substance containing | 22 | | pentazocine or any of
the salts, isomers and salts of | 23 | | isomers of pentazocine, or an analog thereof;
| 24 | | (9) 30 grams or more of any substance containing | 25 | | methaqualone or any
of the salts, isomers and salts of | 26 | | isomers of methaqualone;
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| 1 | | (10) 30 grams or more of any substance containing | 2 | | phencyclidine or any
of the salts, isomers and salts of | 3 | | isomers of phencyclidine (PCP);
| 4 | | (10.5) 30 grams or more of any substance containing | 5 | | ketamine or any of
the salts, isomers and salts of isomers | 6 | | of ketamine;
| 7 | | (11) 200 grams or more of any substance containing any | 8 | | substance
classified as a narcotic drug in Schedules I or | 9 | | II, or an analog thereof, which is not otherwise
included | 10 | | in this subsection.
| 11 | | (b) Any person sentenced with respect to violations of | 12 | | paragraph (1),
(2), (3), (7), or (7.5) of subsection (a) | 13 | | involving 100
grams or more of the
controlled substance named | 14 | | therein, may in addition to the penalties
provided therein, be | 15 | | fined an amount not to exceed $200,000 or the full
street value | 16 | | of the controlled or counterfeit substances, whichever is
| 17 | | greater. The term "street value" shall have the meaning
| 18 | | ascribed in Section 110-5 of the Code of Criminal Procedure of | 19 | | 1963. Any
person sentenced with respect to any other provision | 20 | | of subsection (a), may
in addition to the penalties provided | 21 | | therein, be fined an amount not to
exceed $200,000.
| 22 | | (c) Any person who violates this Section with regard to an | 23 | | amount
of a controlled substance of more than 1 gram but less | 24 | | than the amount set forth in subsection (a) other than | 25 | | methamphetamine or counterfeit substance not set forth in
| 26 | | subsection (a) or (d) is guilty of a Class 4 felony. The fine |
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| 1 | | for a
violation punishable under this subsection (c) shall not | 2 | | be more
than $25,000.
| 3 | | (c-5) Any person who violates this Section with regard to | 4 | | an amount of a controlled substance of not more than 1 gram | 5 | | other than methamphetamine or counterfeit substance not set | 6 | | forth in subsection (a) or (d) is guilty of a Class A | 7 | | misdemeanor. The fine for a violation punishable under this | 8 | | subsection (c-5) shall not be more than $2,500. | 9 | | (d) Any person who violates this Section with regard to any | 10 | | amount of
anabolic steroid is guilty of a Class C misdemeanor
| 11 | | for the first offense and a Class B misdemeanor for a | 12 | | subsequent offense
committed within 2 years of a prior | 13 | | conviction.
| 14 | | (Source: P.A. 99-371, eff. 1-1-16 .)
| 15 | | Section 10. The Methamphetamine Control and Community | 16 | | Protection Act is amended by changing Section 60 as follows: | 17 | | (720 ILCS 646/60)
| 18 | | Sec. 60. Methamphetamine possession. | 19 | | (a) It is unlawful knowingly to possess methamphetamine or | 20 | | a substance containing methamphetamine.
| 21 | | (b) A person who violates subsection (a) is subject to the | 22 | | following penalties:
| 23 | | (0.5) A person who possesses 1 gram or less of | 24 | | methamphetamine or a substance containing methamphetamine |
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| 1 | | is guilty of a Class A misdemeanor. | 2 | | (1) A person who possesses more than 1 gram but less | 3 | | than 5 grams of methamphetamine or a substance containing | 4 | | methamphetamine is guilty of a Class 3 felony.
| 5 | | (2) A person who possesses 5 or more grams but less | 6 | | than 15 grams of methamphetamine or a substance containing | 7 | | methamphetamine is guilty of a Class 2 felony.
| 8 | | (3) A person who possesses 15 or more grams but less | 9 | | than 100 grams of methamphetamine or a substance containing | 10 | | methamphetamine is guilty of a Class 1 felony.
| 11 | | (4) A person who possesses 100 or more grams but less | 12 | | than 400 grams of methamphetamine or a substance containing | 13 | | methamphetamine is guilty of a Class X felony, subject to a | 14 | | term of imprisonment of not less than 6 years and not more | 15 | | than 30 years, and subject to a fine not to exceed
| 16 | | $100,000.
| 17 | | (5) A person who possesses 400 or more grams but less | 18 | | than 900 grams of methamphetamine or a substance containing | 19 | | methamphetamine is guilty of a Class X felony, subject to a | 20 | | term of imprisonment of not less than 8 years and not more | 21 | | than 40 years, and subject to a fine not to exceed
| 22 | | $200,000.
| 23 | | (6) A person who possesses 900 or more grams of | 24 | | methamphetamine or a substance containing methamphetamine | 25 | | is guilty of a Class X felony, subject to a term of | 26 | | imprisonment of not less than 10 years and not more than 50 |
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| 1 | | years, and subject to a fine not to exceed $300,000.
| 2 | | (Source: P.A. 94-556, eff. 9-11-05.) | 3 | | Section 15. The Unified Code of Corrections is amended by | 4 | | changing Sections 5-4.5-95 and 5-5-3 as follows: | 5 | | (730 ILCS 5/5-4.5-95) | 6 | | Sec. 5-4.5-95. GENERAL RECIDIVISM PROVISIONS. | 7 | | (a) HABITUAL CRIMINALS. | 8 | | (1) Every person who has been twice convicted in any | 9 | | state or federal court of an offense that contains the same | 10 | | elements as an offense now (the date of the offense | 11 | | committed after the 2 prior convictions) classified in | 12 | | Illinois as a Class X felony, criminal sexual assault, | 13 | | aggravated kidnapping, or first degree murder, and who is | 14 | | thereafter convicted of a Class X felony, criminal sexual | 15 | | assault, or first degree murder, committed after the 2 | 16 | | prior convictions, shall be adjudged an habitual criminal. | 17 | | (2) The 2 prior convictions need not have been for the | 18 | | same offense. | 19 | | (3) Any convictions that result from or are connected | 20 | | with the same transaction, or result from offenses | 21 | | committed at the same time, shall be counted for the | 22 | | purposes of this Section as one conviction. | 23 | | (4) This Section does not apply unless each of the | 24 | | following requirements are satisfied: |
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| 1 | | (A) The third offense was committed after July 3, | 2 | | 1980. | 3 | | (B) The third offense was committed within 20 years | 4 | | of the date that judgment was entered on the first | 5 | | conviction; provided, however, that time spent in | 6 | | custody shall not be counted. | 7 | | (C) The third offense was committed after | 8 | | conviction on the second offense. | 9 | | (D) The second offense was committed after | 10 | | conviction on the first offense. | 11 | | (E) The first offense was committed when the person | 12 | | was 21 years of age or older. | 13 | | (5) Anyone who, having attained the age of 18 at the | 14 | | time of the third offense, is adjudged an habitual criminal | 15 | | shall be sentenced to a term of natural life imprisonment. | 16 | | (6) A prior conviction shall not be alleged in the | 17 | | indictment, and no evidence or other disclosure of that | 18 | | conviction shall be presented to the court or the jury | 19 | | during the trial of an offense set forth in this Section | 20 | | unless otherwise permitted by the issues properly raised in | 21 | | that trial. After a plea or verdict or finding of guilty | 22 | | and before sentence is imposed, the prosecutor may file | 23 | | with the court a verified written statement signed by the | 24 | | State's Attorney concerning any former conviction of an | 25 | | offense set forth in this Section rendered against the | 26 | | defendant. The court shall then cause the defendant to be |
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| 1 | | brought before it; shall inform the defendant of the | 2 | | allegations of the statement so filed, and of his or her | 3 | | right to a hearing before the court on the issue of that | 4 | | former conviction and of his or her right to counsel at | 5 | | that hearing; and unless the defendant admits such | 6 | | conviction, shall hear and determine the issue, and shall | 7 | | make a written finding thereon. If a sentence has | 8 | | previously been imposed, the court may vacate that sentence | 9 | | and impose a new sentence in accordance with this Section. | 10 | | (7) A duly authenticated copy of the record of any | 11 | | alleged former conviction of an offense set forth in this | 12 | | Section shall be prima facie evidence of that former | 13 | | conviction; and a duly authenticated copy of the record of | 14 | | the defendant's final release or discharge from probation | 15 | | granted, or from sentence and parole supervision (if any) | 16 | | imposed pursuant to that former conviction, shall be prima | 17 | | facie evidence of that release or discharge. | 18 | | (8) Any claim that a previous conviction offered by the | 19 | | prosecution is not a former conviction of an offense set | 20 | | forth in this Section because of the existence of any | 21 | | exceptions described in this Section, is waived unless duly | 22 | | raised at the hearing on that conviction, or unless the | 23 | | prosecution's proof shows the existence of the exceptions | 24 | | described in this Section. | 25 | | (9) If the person so convicted shows to the | 26 | | satisfaction of the court before whom that conviction was |
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| 1 | | had that he or she was released from imprisonment, upon | 2 | | either of the sentences upon a pardon granted for the | 3 | | reason that he or she was innocent, that conviction and | 4 | | sentence shall not be considered under this Section.
| 5 | | (b) When a defendant, over the age of 21 years, is | 6 | | convicted of a Class 1 or Class 2 forcible 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 (the | 9 | | date the Class 1 or Class 2 forcible felony was committed) | 10 | | classified in Illinois as a Class 2 or greater Class forcible | 11 | | felony and those charges are separately brought and tried and | 12 | | arise out of different series of acts, that defendant shall be | 13 | | sentenced as a Class X offender. This subsection does not apply | 14 | | unless: | 15 | | (1) the first forcible felony was committed after | 16 | | February 1, 1978 (the effective date of Public Act | 17 | | 80-1099); | 18 | | (2) the second forcible felony was committed after | 19 | | conviction on the first; and | 20 | | (3) the third forcible felony was committed after | 21 | | conviction on the second. | 22 | | A person sentenced as a Class X offender under this | 23 | | subsection (b) is not eligible to apply for treatment as a | 24 | | condition of probation as provided by Section 40-10 of the | 25 | | Alcoholism and Other Drug Abuse and Dependency Act (20 ILCS | 26 | | 301/40-10).
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| 1 | | (Source: P.A. 99-69, eff. 1-1-16 .)
| 2 | | (730 ILCS 5/5-5-3) (from Ch. 38, par. 1005-5-3)
| 3 | | Sec. 5-5-3. Disposition.
| 4 | | (a) (Blank).
| 5 | | (b) (Blank).
| 6 | | (c) (1) (Blank).
| 7 | | (2) A period of probation, a term of periodic imprisonment | 8 | | or
conditional discharge shall not be imposed for the following | 9 | | offenses.
The court shall sentence the offender to not less | 10 | | than the minimum term
of imprisonment set forth in this Code | 11 | | for the following offenses, and
may order a fine or restitution | 12 | | or both in conjunction with such term of
imprisonment:
| 13 | | (A) First degree murder where the death penalty is not | 14 | | imposed.
| 15 | | (B) Attempted first degree murder.
| 16 | | (C) A Class X felony.
| 17 | | (D) (Blank). A violation of Section 401.1 or 407 of the
| 18 | | Illinois Controlled Substances Act, or a violation of | 19 | | subdivision (c)(1.5) or
(c)(2) of
Section 401 of that Act | 20 | | which relates to more than 5 grams of a substance
| 21 | | containing cocaine, fentanyl, or an analog thereof.
| 22 | | (D-5) (Blank). A violation of subdivision (c)(1) of
| 23 | | Section 401 of the Illinois Controlled Substances Act which | 24 | | relates to 3 or more grams of a substance
containing heroin | 25 | | or an analog thereof. |
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| 1 | | (E) A violation of Section 5.1 or 9 of the Cannabis | 2 | | Control
Act.
| 3 | | (F) (Blank). A Class 2 or greater felony if the | 4 | | offender had been convicted
of a Class 2 or greater felony, | 5 | | including any state or federal conviction for an offense | 6 | | that contained, at the time it was committed, the same | 7 | | elements as an offense now (the date of the offense | 8 | | committed after the prior Class 2 or greater felony) | 9 | | classified as a Class 2 or greater felony, within 10 years | 10 | | of the date on which the
offender
committed the offense for | 11 | | which he or she is being sentenced, except as
otherwise | 12 | | provided in Section 40-10 of the Alcoholism and Other Drug | 13 | | Abuse and
Dependency Act.
| 14 | | (F-5) A violation of Section 24-1, 24-1.1, or 24-1.6 of | 15 | | the Criminal Code of 1961 or the Criminal Code of 2012 for | 16 | | which imprisonment is prescribed in those Sections. | 17 | | (G) (Blank). Residential burglary, except as otherwise | 18 | | provided in Section 40-10
of the Alcoholism and Other Drug | 19 | | Abuse and Dependency Act.
| 20 | | (H) Criminal sexual assault.
| 21 | | (I) Aggravated battery of a senior citizen as described | 22 | | in Section 12-4.6 or subdivision (a)(4) of Section 12-3.05 | 23 | | of the Criminal Code of 1961 or the Criminal Code of 2012.
| 24 | | (J) A forcible felony if the offense was related to the | 25 | | activities of an
organized gang.
| 26 | | Before July 1, 1994, for the purposes of this |
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| 1 | | paragraph, "organized
gang" means an association of 5 or | 2 | | more persons, with an established hierarchy,
that | 3 | | encourages members of the association to perpetrate crimes | 4 | | or provides
support to the members of the association who | 5 | | do commit crimes.
| 6 | | Beginning July 1, 1994, for the purposes of this | 7 | | paragraph,
"organized gang" has the meaning ascribed to it | 8 | | in Section 10 of the Illinois
Streetgang Terrorism Omnibus | 9 | | Prevention Act.
| 10 | | (K) Vehicular hijacking.
| 11 | | (L) A second or subsequent conviction for the offense | 12 | | of hate crime
when the underlying offense upon which the | 13 | | hate crime is based is felony
aggravated
assault or felony | 14 | | mob action.
| 15 | | (M) A second or subsequent conviction for the offense | 16 | | of institutional
vandalism if the damage to the property | 17 | | exceeds $300.
| 18 | | (N) A Class 3 felony violation of paragraph (1) of | 19 | | subsection (a) of
Section 2 of the Firearm Owners | 20 | | Identification Card Act.
| 21 | | (O) A violation of Section 12-6.1 or 12-6.5 of the | 22 | | Criminal Code of 1961 or the Criminal Code of 2012.
| 23 | | (P) A violation of paragraph (1), (2), (3), (4), (5), | 24 | | or (7) of
subsection (a)
of Section 11-20.1 of the Criminal | 25 | | Code of 1961 or the Criminal Code of 2012.
| 26 | | (Q) A violation of subsection (b) or (b-5) of Section |
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| 1 | | 20-1, Section 20-1.2, or Section 20-1.3 of the Criminal | 2 | | Code of
1961 or the Criminal Code of 2012.
| 3 | | (R) A violation of Section 24-3A of the Criminal Code | 4 | | of
1961 or the Criminal Code of 2012.
| 5 | | (S) (Blank).
| 6 | | (T) A second or subsequent violation of the | 7 | | Methamphetamine Control and Community Protection Act.
| 8 | | (U) A second or subsequent violation of Section 6-303 | 9 | | of the Illinois Vehicle Code committed while his or her | 10 | | driver's license, permit, or privilege was revoked because | 11 | | of a violation of Section 9-3 of the Criminal Code of 1961 | 12 | | or the Criminal Code of 2012, relating to the offense of | 13 | | reckless homicide, or a similar provision of a law of | 14 | | another state.
| 15 | | (V)
A violation of paragraph (4) of subsection (c) of | 16 | | Section 11-20.1B or paragraph (4) of subsection (c) of | 17 | | Section 11-20.3 of the Criminal Code of 1961, or paragraph | 18 | | (6) of subsection (a) of Section 11-20.1 of the Criminal | 19 | | Code of 2012 when the victim is under 13 years of age and | 20 | | the defendant has previously been convicted under the laws | 21 | | of this State or any other state of the offense of child | 22 | | pornography, aggravated child pornography, aggravated | 23 | | criminal sexual abuse, aggravated criminal sexual assault, | 24 | | predatory criminal sexual assault of a child, or any of the | 25 | | offenses formerly known as rape, deviate sexual assault, | 26 | | indecent liberties with a child, or aggravated indecent |
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| 1 | | liberties with a child where the victim was under the age | 2 | | of 18 years or an offense that is substantially equivalent | 3 | | to those offenses. | 4 | | (W) A violation of Section 24-3.5 of the Criminal Code | 5 | | of 1961 or the Criminal Code of 2012.
| 6 | | (X) A violation of subsection (a) of Section 31-1a of | 7 | | the Criminal Code of 1961 or the Criminal Code of 2012. | 8 | | (Y) A conviction for unlawful possession of a firearm | 9 | | by a street gang member when the firearm was loaded or | 10 | | contained firearm ammunition. | 11 | | (Z) A Class 1 felony committed while he or she was | 12 | | serving a term of probation or conditional discharge for a | 13 | | felony. | 14 | | (AA) Theft of property exceeding $500,000 and not | 15 | | exceeding $1,000,000 in value. | 16 | | (BB) Laundering of criminally derived property of a | 17 | | value exceeding
$500,000. | 18 | | (CC) Knowingly selling, offering for sale, holding for | 19 | | sale, or using 2,000 or more counterfeit items or | 20 | | counterfeit items having a retail value in the aggregate of | 21 | | $500,000 or more. | 22 | | (DD) A conviction for aggravated assault under | 23 | | paragraph (6) of subsection (c) of Section 12-2 of the | 24 | | Criminal Code of 1961 or the Criminal Code of 2012 if the | 25 | | firearm is aimed toward the person against whom the firearm | 26 | | is being used. |
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| 1 | | (3) (Blank).
| 2 | | (4) A minimum term of imprisonment of not less than 10
| 3 | | consecutive days or 30 days of community service shall be | 4 | | imposed for a
violation of paragraph (c) of Section 6-303 of | 5 | | the Illinois Vehicle Code.
| 6 | | (4.1) (Blank).
| 7 | | (4.2) Except as provided in paragraphs (4.3) and (4.8) of | 8 | | this subsection (c), a
minimum of
100 hours of community | 9 | | service shall be imposed for a second violation of
Section | 10 | | 6-303
of the Illinois Vehicle Code.
| 11 | | (4.3) A minimum term of imprisonment of 30 days or 300 | 12 | | hours of community
service, as determined by the court, shall
| 13 | | be imposed for a second violation of subsection (c) of Section | 14 | | 6-303 of the
Illinois Vehicle Code.
| 15 | | (4.4) Except as provided in paragraphs
(4.5), (4.6), and | 16 | | (4.9) of this
subsection (c), a
minimum term of imprisonment of | 17 | | 30 days or 300 hours of community service, as
determined by the | 18 | | court, shall
be imposed
for a third or subsequent violation of | 19 | | Section 6-303 of the Illinois Vehicle
Code.
| 20 | | (4.5) A minimum term of imprisonment of 30 days
shall be | 21 | | imposed for a third violation of subsection (c) of
Section | 22 | | 6-303 of the Illinois Vehicle Code.
| 23 | | (4.6) Except as provided in paragraph (4.10) of this | 24 | | subsection (c), a minimum term of imprisonment of 180 days | 25 | | shall be imposed for a
fourth or subsequent violation of | 26 | | subsection (c) of Section 6-303 of the
Illinois Vehicle Code.
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| 1 | | (4.7) A minimum term of imprisonment of not less than 30 | 2 | | consecutive days, or 300 hours of community service, shall be | 3 | | imposed for a violation of subsection (a-5) of Section 6-303 of | 4 | | the Illinois Vehicle Code, as provided in subsection (b-5) of | 5 | | that Section.
| 6 | | (4.8) A mandatory prison sentence shall be imposed for a | 7 | | second violation of subsection (a-5) of Section 6-303 of the | 8 | | Illinois Vehicle Code, as provided in subsection (c-5) of that | 9 | | Section. The person's driving privileges shall be revoked for a | 10 | | period of not less than 5 years from the date of his or her | 11 | | release from prison.
| 12 | | (4.9) A mandatory prison sentence of not less than 4 and | 13 | | not more than 15 years shall be imposed for a third violation | 14 | | of subsection (a-5) of Section 6-303 of the Illinois Vehicle | 15 | | Code, as provided in subsection (d-2.5) of that Section. The | 16 | | person's driving privileges shall be revoked for the remainder | 17 | | of his or her life.
| 18 | | (4.10) A mandatory prison sentence for a Class 1 felony | 19 | | shall be imposed, and the person shall be eligible for an | 20 | | extended term sentence, for a fourth or subsequent violation of | 21 | | subsection (a-5) of Section 6-303 of the Illinois Vehicle Code, | 22 | | as provided in subsection (d-3.5) of that Section. The person's | 23 | | driving privileges shall be revoked for the remainder of his or | 24 | | her life.
| 25 | | (5) The court may sentence a corporation or unincorporated
| 26 | | association convicted of any offense to:
|
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| 1 | | (A) a period of conditional discharge;
| 2 | | (B) a fine;
| 3 | | (C) make restitution to the victim under Section 5-5-6 | 4 | | of this Code.
| 5 | | (5.1) In addition to any other penalties imposed, and | 6 | | except as provided in paragraph (5.2) or (5.3), a person
| 7 | | convicted of violating subsection (c) of Section 11-907 of the | 8 | | Illinois
Vehicle Code shall have his or her driver's license, | 9 | | permit, or privileges
suspended for at least 90 days but not | 10 | | more than one year, if the violation
resulted in damage to the | 11 | | property of another person.
| 12 | | (5.2) In addition to any other penalties imposed, and | 13 | | except as provided in paragraph (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, permit, or | 16 | | privileges suspended for at
least 180 days but not more than 2 | 17 | | years, if the violation resulted in injury
to
another person.
| 18 | | (5.3) In addition to any other penalties imposed, a person | 19 | | convicted of violating subsection (c) of Section
11-907 of the | 20 | | Illinois Vehicle Code shall have his or her driver's license,
| 21 | | permit, or privileges suspended for 2 years, if the violation | 22 | | resulted in the
death of another person.
| 23 | | (5.4) In addition to any other penalties imposed, a person | 24 | | convicted of violating Section 3-707 of the Illinois Vehicle | 25 | | Code shall have his or her driver's license, permit, or | 26 | | privileges suspended for 3 months and until he or she has paid |
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| 1 | | a reinstatement fee of $100. | 2 | | (5.5) In addition to any other penalties imposed, a person | 3 | | convicted of violating Section 3-707 of the Illinois Vehicle | 4 | | Code during a period in which his or her driver's license, | 5 | | permit, or privileges were suspended for a previous violation | 6 | | of that Section shall have his or her driver's license, permit, | 7 | | or privileges suspended for an additional 6 months after the | 8 | | expiration of the original 3-month suspension and until he or | 9 | | she has paid a reinstatement fee of $100.
| 10 | | (6) (Blank).
| 11 | | (7) (Blank).
| 12 | | (8) (Blank).
| 13 | | (9) A defendant convicted of a second or subsequent offense | 14 | | of ritualized
abuse of a child may be sentenced to a term of | 15 | | natural life imprisonment.
| 16 | | (10) (Blank).
| 17 | | (11) The court shall impose a minimum fine of $1,000 for a | 18 | | first offense
and $2,000 for a second or subsequent offense | 19 | | upon a person convicted of or
placed on supervision for battery | 20 | | when the individual harmed was a sports
official or coach at | 21 | | any level of competition and the act causing harm to the
sports
| 22 | | official or coach occurred within an athletic facility or | 23 | | within the immediate vicinity
of the athletic facility at which | 24 | | the sports official or coach was an active
participant
of the | 25 | | athletic contest held at the athletic facility. For the | 26 | | purposes of
this paragraph (11), "sports official" means a |
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| 1 | | person at an athletic contest
who enforces the rules of the | 2 | | contest, such as an umpire or referee; "athletic facility" | 3 | | means an indoor or outdoor playing field or recreational area | 4 | | where sports activities are conducted;
and "coach" means a | 5 | | person recognized as a coach by the sanctioning
authority that | 6 | | conducted the sporting event. | 7 | | (12) A person may not receive a disposition of court | 8 | | supervision for a
violation of Section 5-16 of the Boat | 9 | | Registration and Safety Act if that
person has previously | 10 | | received a disposition of court supervision for a
violation of | 11 | | that Section.
| 12 | | (13) A person convicted of or placed on court supervision | 13 | | for an assault or aggravated assault when the victim and the | 14 | | offender are family or household members as defined in Section | 15 | | 103 of the Illinois Domestic Violence Act of 1986 or convicted | 16 | | of domestic battery or aggravated domestic battery may be | 17 | | required to attend a Partner Abuse Intervention Program under | 18 | | protocols set forth by the Illinois Department of Human | 19 | | Services under such terms and conditions imposed by the court. | 20 | | The costs of such classes shall be paid by the offender.
| 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 |
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| 1 | | shall then impose sentence upon the defendant. The trial
court | 2 | | may impose any sentence which could have been imposed at the
| 3 | | original trial subject to Section 5-5-4 of the Unified Code of | 4 | | Corrections.
If a sentence is vacated on appeal or on | 5 | | collateral attack due to the
failure of the trier of fact at | 6 | | trial to determine beyond a reasonable doubt
the
existence of a | 7 | | fact (other than a prior conviction) necessary to increase the
| 8 | | punishment for the offense beyond the statutory maximum | 9 | | otherwise applicable,
either the defendant may be re-sentenced | 10 | | to a term within the range otherwise
provided or, if the State | 11 | | files notice of its intention to again seek the
extended | 12 | | sentence, the defendant shall be afforded a new trial.
| 13 | | (e) In cases where prosecution for
aggravated criminal | 14 | | sexual abuse under Section 11-1.60 or 12-16 of the
Criminal | 15 | | Code of 1961 or the Criminal Code of 2012 results in conviction | 16 | | of a defendant
who was a family member of the victim at the | 17 | | time of the commission of the
offense, the court shall consider | 18 | | the safety and welfare of the victim and
may impose a sentence | 19 | | of probation only where:
| 20 | | (1) the court finds (A) or (B) or both are appropriate:
| 21 | | (A) the defendant is willing to undergo a court | 22 | | approved counseling
program for a minimum duration of 2 | 23 | | years; or
| 24 | | (B) the defendant is willing to participate in a | 25 | | court approved plan
including but not limited to the | 26 | | defendant's:
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| 1 | | (i) removal from the household;
| 2 | | (ii) restricted contact with the victim;
| 3 | | (iii) continued financial support of the | 4 | | family;
| 5 | | (iv) restitution for harm done to the victim; | 6 | | and
| 7 | | (v) compliance with any other measures that | 8 | | the court may
deem appropriate; and
| 9 | | (2) the court orders the defendant to pay for the | 10 | | victim's counseling
services, to the extent that the court | 11 | | finds, after considering the
defendant's income and | 12 | | assets, that the defendant is financially capable of
paying | 13 | | for such services, if the victim was under 18 years of age | 14 | | at the
time the offense was committed and requires | 15 | | counseling as a result of the
offense.
| 16 | | Probation may be revoked or modified pursuant to Section | 17 | | 5-6-4; except
where the court determines at the hearing that | 18 | | the defendant violated a
condition of his or her probation | 19 | | restricting contact with the victim or
other family members or | 20 | | commits another offense with the victim or other
family | 21 | | members, the court shall revoke the defendant's probation and
| 22 | | impose a term of imprisonment.
| 23 | | For the purposes of this Section, "family member" and | 24 | | "victim" shall have
the meanings ascribed to them in Section | 25 | | 11-0.1 of the Criminal Code of
2012.
| 26 | | (f) (Blank).
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| 1 | | (g) Whenever a defendant is convicted of an offense under | 2 | | Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60,
11-14, | 3 | | 11-14.3, 11-14.4 except for an offense that involves keeping a | 4 | | place of juvenile prostitution, 11-15, 11-15.1, 11-16, 11-17, | 5 | | 11-18, 11-18.1, 11-19, 11-19.1, 11-19.2,
12-13, 12-14, | 6 | | 12-14.1, 12-15 or 12-16 of the Criminal Code of 1961 or the | 7 | | Criminal Code of 2012,
the defendant shall undergo medical | 8 | | testing to
determine whether the defendant has any sexually | 9 | | transmissible disease,
including a test for infection with | 10 | | human immunodeficiency virus (HIV) or
any other identified | 11 | | causative agent of acquired immunodeficiency syndrome
(AIDS). | 12 | | Any such medical test shall be performed only by appropriately
| 13 | | licensed medical practitioners and may include an analysis of | 14 | | any bodily
fluids as well as an examination of the defendant's | 15 | | person.
Except as otherwise provided by law, the results of | 16 | | such test shall be kept
strictly confidential by all medical | 17 | | personnel involved in the testing and must
be personally | 18 | | delivered in a sealed envelope to the judge of the court in | 19 | | which
the conviction was entered for the judge's inspection in | 20 | | camera. Acting in
accordance with the best interests of the | 21 | | victim and the public, the judge
shall have the discretion to | 22 | | determine to whom, if anyone, the results of the
testing may be | 23 | | revealed. The court shall notify the defendant
of the test | 24 | | results. The court shall
also notify the victim if requested by | 25 | | the victim, and if the victim is under
the age of 15 and if | 26 | | requested by the victim's parents or legal guardian, the
court |
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| 1 | | shall notify the victim's parents or legal guardian of the test
| 2 | | results.
The court shall provide information on the | 3 | | availability of HIV testing
and counseling at Department of | 4 | | Public Health facilities to all parties to
whom the results of | 5 | | the testing are revealed and shall direct the State's
Attorney | 6 | | to provide the information to the victim when possible.
A | 7 | | State's Attorney may petition the court to obtain the results | 8 | | of any HIV test
administered under this Section, and the court | 9 | | shall grant the disclosure if
the State's Attorney shows it is | 10 | | relevant in order to prosecute a charge of
criminal | 11 | | transmission of HIV under Section 12-5.01 or 12-16.2 of the | 12 | | Criminal Code of 1961 or the Criminal Code of 2012
against the | 13 | | defendant. The court shall order that the cost of any such test
| 14 | | shall be paid by the county and may be taxed as costs against | 15 | | the convicted
defendant.
| 16 | | (g-5) When an inmate is tested for an airborne communicable | 17 | | disease, as
determined by the Illinois Department of Public | 18 | | Health including but not
limited to tuberculosis, the results | 19 | | of the test shall be
personally delivered by the warden or his | 20 | | or her designee in a sealed envelope
to the judge of the court | 21 | | in which the inmate must appear for the judge's
inspection in | 22 | | camera if requested by the judge. Acting in accordance with the
| 23 | | best interests of those in the courtroom, the judge shall have | 24 | | the discretion
to determine what if any precautions need to be | 25 | | taken to prevent transmission
of the disease in the courtroom.
| 26 | | (h) Whenever a defendant is convicted of an offense under |
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| 1 | | Section 1 or 2
of the Hypodermic Syringes and Needles Act, the | 2 | | defendant shall undergo
medical testing to determine whether | 3 | | the defendant has been exposed to human
immunodeficiency virus | 4 | | (HIV) or any other identified causative agent of
acquired | 5 | | immunodeficiency syndrome (AIDS). Except as otherwise provided | 6 | | by
law, the results of such test shall be kept strictly | 7 | | confidential by all
medical personnel involved in the testing | 8 | | and must be personally delivered in a
sealed envelope to the | 9 | | judge of the court in which the conviction was entered
for the | 10 | | judge's inspection in camera. Acting in accordance with the | 11 | | best
interests of the public, the judge shall have the | 12 | | discretion to determine to
whom, if anyone, the results of the | 13 | | testing may be revealed. The court shall
notify the defendant | 14 | | of a positive test showing an infection with the human
| 15 | | immunodeficiency virus (HIV). The court shall provide | 16 | | information on the
availability of HIV testing and counseling | 17 | | at Department of Public Health
facilities to all parties to | 18 | | whom the results of the testing are revealed and
shall direct | 19 | | the State's Attorney to provide the information to the victim | 20 | | when
possible. A State's Attorney may petition the court to | 21 | | obtain the results of
any HIV test administered under this | 22 | | Section, and the court shall grant the
disclosure if the | 23 | | State's Attorney shows it is relevant in order to prosecute a
| 24 | | charge of criminal transmission of HIV under Section 12-5.01 or | 25 | | 12-16.2 of the Criminal
Code of 1961 or the Criminal Code of | 26 | | 2012 against the defendant. The court shall order that the cost |
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| 1 | | of any
such test shall be paid by the county and may be taxed as | 2 | | costs against the
convicted defendant.
| 3 | | (i) All fines and penalties imposed under this Section for | 4 | | any violation
of Chapters 3, 4, 6, and 11 of the Illinois | 5 | | Vehicle Code, or a similar
provision of a local ordinance, and | 6 | | any violation
of the Child Passenger Protection Act, or a | 7 | | similar provision of a local
ordinance, shall be collected and | 8 | | disbursed by the circuit
clerk as provided under Section 27.5 | 9 | | of the Clerks of Courts Act.
| 10 | | (j) In cases when prosecution for any violation of Section | 11 | | 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-8,
11-9, | 12 | | 11-11, 11-14, 11-14.3, 11-14.4, 11-15, 11-15.1, 11-16, 11-17, | 13 | | 11-17.1, 11-18, 11-18.1,
11-19, 11-19.1, 11-19.2, 11-20.1, | 14 | | 11-20.1B, 11-20.3, 11-21, 11-30, 11-40, 12-13, 12-14, 12-14.1, | 15 | | 12-15, or
12-16 of the
Criminal Code of 1961 or the Criminal | 16 | | Code of 2012, any violation of the Illinois Controlled | 17 | | Substances Act,
any violation of the Cannabis Control Act, or | 18 | | any violation of the Methamphetamine Control and Community | 19 | | Protection Act results in conviction, a
disposition of court | 20 | | supervision, or an order of probation granted under
Section 10 | 21 | | of the Cannabis Control Act, Section 410 of the Illinois
| 22 | | Controlled Substances Act, or Section 70 of the Methamphetamine | 23 | | Control and Community Protection Act of a defendant, the court | 24 | | shall determine whether the
defendant is employed by a facility | 25 | | or center as defined under the Child Care
Act of 1969, a public | 26 | | or private elementary or secondary school, or otherwise
works |
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| 1 | | with children under 18 years of age on a daily basis. When a | 2 | | defendant
is so employed, the court shall order the Clerk of | 3 | | the Court to send a copy of
the judgment of conviction or order | 4 | | of supervision or probation to the
defendant's employer by | 5 | | certified mail.
If the employer of the defendant is a school, | 6 | | the Clerk of the Court shall
direct the mailing of a copy of | 7 | | the judgment of conviction or order of
supervision or probation | 8 | | to the appropriate regional superintendent of schools.
The | 9 | | regional superintendent of schools shall notify the State Board | 10 | | of
Education of any notification under this subsection.
| 11 | | (j-5) A defendant at least 17 years of age who is convicted | 12 | | of a felony and
who has not been previously convicted of a | 13 | | misdemeanor or felony and who is
sentenced to a term of | 14 | | imprisonment in the Illinois Department of Corrections
shall as | 15 | | a condition of his or her sentence be required by the court to | 16 | | attend
educational courses designed to prepare the defendant | 17 | | for a high school diploma
and to work toward a high school | 18 | | diploma or to work toward passing high school equivalency | 19 | | testing or to work toward
completing a vocational training | 20 | | program offered by the Department of
Corrections. If a | 21 | | defendant fails to complete the educational training
required | 22 | | by his or her sentence during the term of incarceration, the | 23 | | Prisoner
Review Board shall, as a condition of mandatory | 24 | | supervised release, require the
defendant, at his or her own | 25 | | expense, to pursue a course of study toward a high
school | 26 | | diploma or passage of high school equivalency testing. The |
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| 1 | | Prisoner Review Board shall
revoke the mandatory supervised | 2 | | release of a defendant who wilfully fails to
comply with this | 3 | | subsection (j-5) upon his or her release from confinement in a
| 4 | | penal institution while serving a mandatory supervised release | 5 | | term; however,
the inability of the defendant after making a | 6 | | good faith effort to obtain
financial aid or pay for the | 7 | | educational training shall not be deemed a wilful
failure to | 8 | | comply. The Prisoner Review Board shall recommit the defendant
| 9 | | whose mandatory supervised release term has been revoked under | 10 | | this subsection
(j-5) as provided in Section 3-3-9. This | 11 | | subsection (j-5) does not apply to a
defendant who has a high | 12 | | school diploma or has successfully passed high school | 13 | | equivalency testing. This subsection (j-5) does not apply to a | 14 | | defendant who is determined by
the court to be a person with a | 15 | | developmental disability or otherwise mentally incapable of
| 16 | | completing the educational or vocational program.
| 17 | | (k) (Blank).
| 18 | | (l) (A) Except as provided
in paragraph (C) of subsection | 19 | | (l), whenever a defendant,
who is an alien as defined by the | 20 | | Immigration and Nationality Act, is convicted
of any felony or | 21 | | misdemeanor offense, the court after sentencing the defendant
| 22 | | may, upon motion of the State's Attorney, hold sentence in | 23 | | abeyance and remand
the defendant to the custody of the | 24 | | Attorney General of
the United States or his or her designated | 25 | | agent to be deported when:
| 26 | | (1) a final order of deportation has been issued |
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| 1 | | against the defendant
pursuant to proceedings under the | 2 | | Immigration and Nationality Act, and
| 3 | | (2) the deportation of the defendant would not | 4 | | deprecate the seriousness
of the defendant's conduct and | 5 | | would not be inconsistent with the ends of
justice.
| 6 | | Otherwise, the defendant shall be sentenced as provided in | 7 | | this Chapter V.
| 8 | | (B) If the defendant has already been sentenced for a | 9 | | felony or
misdemeanor
offense, or has been placed on probation | 10 | | under Section 10 of the Cannabis
Control Act,
Section 410 of | 11 | | the Illinois Controlled Substances Act, or Section 70 of the | 12 | | Methamphetamine Control and Community Protection Act, the | 13 | | court
may, upon motion of the State's Attorney to suspend the
| 14 | | sentence imposed, commit the defendant to the custody of the | 15 | | Attorney General
of the United States or his or her designated | 16 | | agent when:
| 17 | | (1) a final order of deportation has been issued | 18 | | against the defendant
pursuant to proceedings under the | 19 | | Immigration and Nationality Act, and
| 20 | | (2) the deportation of the defendant would not | 21 | | deprecate the seriousness
of the defendant's conduct and | 22 | | would not be inconsistent with the ends of
justice.
| 23 | | (C) This subsection (l) does not apply to offenders who are | 24 | | subject to the
provisions of paragraph (2) of subsection (a) of | 25 | | Section 3-6-3.
| 26 | | (D) Upon motion of the State's Attorney, if a defendant |
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| 1 | | sentenced under
this Section returns to the jurisdiction of the | 2 | | United States, the defendant
shall be recommitted to the | 3 | | custody of the county from which he or she was
sentenced.
| 4 | | Thereafter, the defendant shall be brought before the | 5 | | sentencing court, which
may impose any sentence that was | 6 | | available under Section 5-5-3 at the time of
initial | 7 | | sentencing. In addition, the defendant shall not be eligible | 8 | | for
additional sentence credit for good conduct as provided | 9 | | under
Section 3-6-3.
| 10 | | (m) A person convicted of criminal defacement of property | 11 | | under Section
21-1.3 of the Criminal Code of 1961 or the | 12 | | Criminal Code of 2012, in which the property damage exceeds | 13 | | $300
and the property damaged is a school building, shall be | 14 | | ordered to perform
community service that may include cleanup, | 15 | | removal, or painting over the
defacement.
| 16 | | (n) The court may sentence a person convicted of a | 17 | | violation of Section
12-19, 12-21, 16-1.3, or 17-56, or | 18 | | subsection (a) or (b) of Section 12-4.4a, of the Criminal Code | 19 | | of 1961 or the Criminal Code of 2012 (i) to an impact
| 20 | | incarceration program if the person is otherwise eligible for | 21 | | that program
under Section 5-8-1.1, (ii) to community service, | 22 | | or (iii) if the person is an
addict or alcoholic, as defined in | 23 | | the Alcoholism and Other Drug Abuse and
Dependency Act, to a | 24 | | substance or alcohol abuse program licensed under that
Act. | 25 | | (o) Whenever a person is convicted of a sex offense as | 26 | | defined in Section 2 of the Sex Offender Registration Act, the |
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| 1 | | defendant's driver's license or permit shall be subject to | 2 | | renewal on an annual basis in accordance with the provisions of | 3 | | license renewal established by the Secretary of State.
| 4 | | (Source: P.A. 98-718, eff. 1-1-15; 98-756, eff. 7-16-14; | 5 | | 99-143, eff. 7-27-15.)".
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