Illinois General Assembly - Full Text of HB1063
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Full Text of HB1063  102nd General Assembly

HB1063ham001 102ND GENERAL ASSEMBLY

Rep. Carol Ammons

Filed: 4/8/2021

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 1063

2    AMENDMENT NO. ______. Amend House Bill 1063 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The AIDS Confidentiality Act is amended by
5changing Section 9 as follows:
 
6    (410 ILCS 305/9)  (from Ch. 111 1/2, par. 7309)
7    Sec. 9. (1) No person may disclose or be compelled to
8disclose HIV-related information, except to the following
9persons:
10        (a) The subject of an HIV test or the subject's
11    legally authorized representative. A physician may notify
12    the spouse or civil union partner of the test subject, if
13    the test result is positive and has been confirmed
14    pursuant to rules adopted by the Department, provided that
15    the physician has first sought unsuccessfully to persuade
16    the patient to notify the spouse or civil union partner or

 

 

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1    that, a reasonable time after the patient has agreed to
2    make the notification, the physician has reason to believe
3    that the patient has not provided the notification. This
4    paragraph shall not create a duty or obligation under
5    which a physician must notify the spouse or civil union
6    partner of the test results, nor shall such duty or
7    obligation be implied. No civil liability or criminal
8    sanction under this Act shall be imposed for any
9    disclosure or non-disclosure of a test result to a spouse
10    or civil union partner by a physician acting in good faith
11    under this paragraph. For the purpose of any proceedings,
12    civil or criminal, the good faith of any physician acting
13    under this paragraph shall be presumed.
14        (b) Any person designated in a legally effective
15    authorization for release of the HIV-related information
16    executed by the subject of the HIV-related information or
17    the subject's legally authorized representative.
18        (c) An authorized agent or employee of a health
19    facility or health care provider if the health facility or
20    health care provider itself is authorized to obtain the
21    test results, the agent or employee provides patient care
22    or handles or processes specimens of body fluids or
23    tissues, and the agent or employee has a need to know such
24    information.
25        (d) The Department and local health authorities
26    serving a population of over 1,000,000 residents or other

 

 

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1    local health authorities as designated by the Department,
2    in accordance with rules for reporting, preventing, and
3    controlling the spread of disease and the conduct of
4    public health surveillance, public health investigations,
5    and public health interventions, as otherwise provided by
6    State law. The Department, local health authorities, and
7    authorized representatives shall not disclose HIV test
8    results and HIV-related information, publicly or in any
9    action of any kind in any court or before any tribunal,
10    board, or agency. HIV test results and HIV-related
11    information shall be protected from disclosure in
12    accordance with the provisions of Sections 8-2101 through
13    8-2105 of the Code of Civil Procedure.
14        (e) A health facility, health care provider, or health
15    care professional which procures, processes, distributes
16    or uses: (i) a human body part from a deceased person with
17    respect to medical information regarding that person; or
18    (ii) semen provided prior to the effective date of this
19    Act for the purpose of artificial insemination.
20        (f) Health facility staff committees for the purposes
21    of conducting program monitoring, program evaluation or
22    service reviews.
23        (f-5) (Blank). A court in accordance with the
24    provisions of Section 12-5.01 of the Criminal Code of
25    2012.
26        (g) (Blank).

 

 

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1        (h) Any health care provider, health care
2    professional, or employee of a health facility, and any
3    firefighter or EMR, EMT, A-EMT, paramedic, PHRN, or EMT-I,
4    involved in an accidental direct skin or mucous membrane
5    contact with the blood or bodily fluids of an individual
6    which is of a nature that may transmit HIV, as determined
7    by a physician in his medical judgment.
8        (i) Any law enforcement officer, as defined in
9    subsection (c) of Section 7, involved in the line of duty
10    in a direct skin or mucous membrane contact with the blood
11    or bodily fluids of an individual which is of a nature that
12    may transmit HIV, as determined by a physician in his
13    medical judgment.
14        (j) A temporary caretaker of a child taken into
15    temporary protective custody by the Department of Children
16    and Family Services pursuant to Section 5 of the Abused
17    and Neglected Child Reporting Act, as now or hereafter
18    amended.
19        (k) In the case of a minor under 18 years of age whose
20    test result is positive and has been confirmed pursuant to
21    rules adopted by the Department, the health care
22    professional who ordered the test shall make a reasonable
23    effort to notify the minor's parent or legal guardian if,
24    in the professional judgment of the health care
25    professional, notification would be in the best interest
26    of the child and the health care professional has first

 

 

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1    sought unsuccessfully to persuade the minor to notify the
2    parent or legal guardian or a reasonable time after the
3    minor has agreed to notify the parent or legal guardian,
4    the health care professional has reason to believe that
5    the minor has not made the notification. This subsection
6    shall not create a duty or obligation under which a health
7    care professional must notify the minor's parent or legal
8    guardian of the test results, nor shall a duty or
9    obligation be implied. No civil liability or criminal
10    sanction under this Act shall be imposed for any
11    notification or non-notification of a minor's test result
12    by a health care professional acting in good faith under
13    this subsection. For the purpose of any proceeding, civil
14    or criminal, the good faith of any health care
15    professional acting under this subsection shall be
16    presumed.
17    (2) All information and records held by a State agency,
18local health authority, or health oversight agency pertaining
19to HIV-related information shall be strictly confidential and
20exempt from copying and inspection under the Freedom of
21Information Act. The information and records shall not be
22released or made public by the State agency, local health
23authority, or health oversight agency, shall not be admissible
24as evidence nor discoverable in any action of any kind in any
25court or before any tribunal, board, agency, or person, and
26shall be treated in the same manner as the information and

 

 

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1those records subject to the provisions of Part 21 of Article
2VIII of the Code of Civil Procedure, except under the
3following circumstances:
4        (A) when made with the written consent of all persons
5    to whom the information pertains; or
6        (B) when authorized by Section 5-4-3 of the Unified
7    Code of Corrections.
8    Disclosure shall be limited to those who have a need to
9know the information, and no additional disclosures may be
10made.
11(Source: P.A. 98-973, eff. 8-15-14; 98-1046, eff. 1-1-15;
1299-54, eff. 1-1-16; 99-78, eff. 7-20-15.)
 
13    Section 10. The Illinois Sexually Transmissible Disease
14Control Act is amended by changing Section 5.5 as follows:
 
15    (410 ILCS 325/5.5)  (from Ch. 111 1/2, par. 7405.5)
16    Sec. 5.5. Risk assessment.
17    (a) Whenever the Department receives a report of HIV
18infection or AIDS pursuant to this Act and the Department
19determines that the subject of the report may present or may
20have presented a possible risk of HIV transmission, the
21Department shall, when medically appropriate, investigate the
22subject of the report and that person's contacts as defined in
23subsection (c), to assess the potential risks of transmission.
24Any investigation and action shall be conducted in a timely

 

 

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1fashion. All contacts other than those defined in subsection
2(c) shall be investigated in accordance with Section 5 of this
3Act.
4    (b) If the Department determines that there is or may have
5been potential risks of HIV transmission from the subject of
6the report to other persons, the Department shall afford the
7subject the opportunity to submit any information and comment
8on proposed actions the Department intends to take with
9respect to the subject's contacts who are at potential risk of
10transmission of HIV prior to notification of the subject's
11contacts. The Department shall also afford the subject of the
12report the opportunity to notify the subject's contacts in a
13timely fashion who are at potential risk of transmission of
14HIV prior to the Department taking any steps to notify such
15contacts. If the subject declines to notify such contacts or
16if the Department determines the notices to be inadequate or
17incomplete, the Department shall endeavor to notify such other
18persons of the potential risk, and offer testing and
19counseling services to these individuals. When the contacts
20are notified, they shall be informed of the disclosure
21provisions of the AIDS Confidentiality Act and the penalties
22therein and this Section.
23    (c) Contacts investigated under this Section shall in the
24case of HIV infection include (i) individuals who have
25undergone invasive procedures performed by an HIV infected
26health care provider and (ii) health care providers who have

 

 

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1performed invasive procedures for persons infected with HIV,
2provided the Department has determined that there is or may
3have been potential risk of HIV transmission from the health
4care provider to those individuals or from infected persons to
5health care providers. The Department shall have access to the
6subject's records to review for the identity of contacts. The
7subject's records shall not be copied or seized by the
8Department.
9    For purposes of this subsection, the term "invasive
10procedures" means those procedures termed invasive by the
11Centers for Disease Control in current guidelines or
12recommendations for the prevention of HIV transmission in
13health care settings, and the term "health care provider"
14means any physician, dentist, podiatric physician, advanced
15practice registered nurse, physician assistant, nurse, or
16other person providing health care services of any kind.
17    (d) All information and records held by the Department and
18local health authorities pertaining to activities conducted
19pursuant to this Section shall be strictly confidential and
20exempt from copying and inspection under the Freedom of
21Information Act. Such information and records shall not be
22released or made public by the Department or local health
23authorities, and shall not be admissible as evidence, nor
24discoverable in any action of any kind in any court or before
25any tribunal, board, agency or person and shall be treated in
26the same manner as the information and those records subject

 

 

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1to the provisions of Part 21 of Article VIII of the Code of
2Civil Procedure except under the following circumstances:
3        (1) When made with the written consent of all persons
4    to whom this information pertains;
5        (2) (Blank) When authorized under Section 8 to be
6    released under court order or subpoena pursuant to Section
7    12-5.01 or 12-16.2 of the Criminal Code of 1961 or the
8    Criminal Code of 2012; or
9        (3) When made by the Department for the purpose of
10    seeking a warrant authorized by Sections 6 and 7 of this
11    Act. Such disclosure shall conform to the requirements of
12    subsection (a) of Section 8 of this Act.
13    (e) Any person who knowingly or maliciously disseminates
14any information or report concerning the existence of any
15disease under this Section is guilty of a Class A misdemeanor.
16(Source: P.A. 99-642, eff. 7-28-16; 100-513, eff. 1-1-18.)
 
17    Section 15. The Illinois Vehicle Code is amended by
18changing Sections 6-106.1 and 6-508 as follows:
 
19    (625 ILCS 5/6-106.1)  (from Ch. 95 1/2, par. 6-106.1)
20    Sec. 6-106.1. School bus driver permit.
21    (a) The Secretary of State shall issue a school bus driver
22permit to those applicants who have met all the requirements
23of the application and screening process under this Section to
24insure the welfare and safety of children who are transported

 

 

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1on school buses throughout the State of Illinois. Applicants
2shall obtain the proper application required by the Secretary
3of State from their prospective or current employer and submit
4the completed application to the prospective or current
5employer along with the necessary fingerprint submission as
6required by the Department of State Police to conduct
7fingerprint based criminal background checks on current and
8future information available in the state system and current
9information available through the Federal Bureau of
10Investigation's system. Applicants who have completed the
11fingerprinting requirements shall not be subjected to the
12fingerprinting process when applying for subsequent permits or
13submitting proof of successful completion of the annual
14refresher course. Individuals who on July 1, 1995 (the
15effective date of Public Act 88-612) possess a valid school
16bus driver permit that has been previously issued by the
17appropriate Regional School Superintendent are not subject to
18the fingerprinting provisions of this Section as long as the
19permit remains valid and does not lapse. The applicant shall
20be required to pay all related application and fingerprinting
21fees as established by rule including, but not limited to, the
22amounts established by the Department of State Police and the
23Federal Bureau of Investigation to process fingerprint based
24criminal background investigations. All fees paid for
25fingerprint processing services under this Section shall be
26deposited into the State Police Services Fund for the cost

 

 

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1incurred in processing the fingerprint based criminal
2background investigations. All other fees paid under this
3Section shall be deposited into the Road Fund for the purpose
4of defraying the costs of the Secretary of State in
5administering this Section. All applicants must:
6        1. be 21 years of age or older;
7        2. possess a valid and properly classified driver's
8    license issued by the Secretary of State;
9        3. possess a valid driver's license, which has not
10    been revoked, suspended, or canceled for 3 years
11    immediately prior to the date of application, or have not
12    had his or her commercial motor vehicle driving privileges
13    disqualified within the 3 years immediately prior to the
14    date of application;
15        4. successfully pass a written test, administered by
16    the Secretary of State, on school bus operation, school
17    bus safety, and special traffic laws relating to school
18    buses and submit to a review of the applicant's driving
19    habits by the Secretary of State at the time the written
20    test is given;
21        5. demonstrate ability to exercise reasonable care in
22    the operation of school buses in accordance with rules
23    promulgated by the Secretary of State;
24        6. demonstrate physical fitness to operate school
25    buses by submitting the results of a medical examination,
26    including tests for drug use for each applicant not

 

 

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1    subject to such testing pursuant to federal law, conducted
2    by a licensed physician, a licensed advanced practice
3    registered nurse, or a licensed physician assistant within
4    90 days of the date of application according to standards
5    promulgated by the Secretary of State;
6        7. affirm under penalties of perjury that he or she
7    has not made a false statement or knowingly concealed a
8    material fact in any application for permit;
9        8. have completed an initial classroom course,
10    including first aid procedures, in school bus driver
11    safety as promulgated by the Secretary of State; and after
12    satisfactory completion of said initial course an annual
13    refresher course; such courses and the agency or
14    organization conducting such courses shall be approved by
15    the Secretary of State; failure to complete the annual
16    refresher course, shall result in cancellation of the
17    permit until such course is completed;
18        9. not have been under an order of court supervision
19    for or convicted of 2 or more serious traffic offenses, as
20    defined by rule, within one year prior to the date of
21    application that may endanger the life or safety of any of
22    the driver's passengers within the duration of the permit
23    period;
24        10. not have been under an order of court supervision
25    for or convicted of reckless driving, aggravated reckless
26    driving, driving while under the influence of alcohol,

 

 

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1    other drug or drugs, intoxicating compound or compounds or
2    any combination thereof, or reckless homicide resulting
3    from the operation of a motor vehicle within 3 years of the
4    date of application;
5        11. not have been convicted of committing or
6    attempting to commit any one or more of the following
7    offenses: (i) those offenses defined in Sections 8-1,
8    8-1.2, 9-1, 9-1.2, 9-2, 9-2.1, 9-3, 9-3.2, 9-3.3, 10-1,
9    10-2, 10-3.1, 10-4, 10-5, 10-5.1, 10-6, 10-7, 10-9,
10    11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-6.5,
11    11-6.6, 11-9, 11-9.1, 11-9.1A, 11-9.3, 11-9.4, 11-9.4-1,
12    11-14, 11-14.1, 11-14.3, 11-14.4, 11-15, 11-15.1, 11-16,
13    11-17, 11-17.1, 11-18, 11-18.1, 11-19, 11-19.1, 11-19.2,
14    11-20, 11-20.1, 11-20.1B, 11-20.3, 11-21, 11-22, 11-23,
15    11-24, 11-25, 11-26, 11-30, 12-2.6, 12-3.05, 12-3.1, 12-4,
16    12-4.1, 12-4.2, 12-4.2-5, 12-4.3, 12-4.4, 12-4.5, 12-4.6,
17    12-4.7, 12-4.9, 12-5.01, 12-5.3, 12-6, 12-6.2, 12-7.1,
18    12-7.3, 12-7.4, 12-7.5, 12-11, 12-13, 12-14, 12-14.1,
19    12-15, 12-16, 12-16.2, 12-21.5, 12-21.6, 12-33, 12C-5,
20    12C-10, 12C-20, 12C-30, 12C-45, 16-16, 16-16.1, 18-1,
21    18-2, 18-3, 18-4, 18-5, 19-6, 20-1, 20-1.1, 20-1.2,
22    20-1.3, 20-2, 24-1, 24-1.1, 24-1.2, 24-1.2-5, 24-1.6,
23    24-1.7, 24-2.1, 24-3.3, 24-3.5, 24-3.8, 24-3.9, 31A-1.1,
24    33A-2, and 33D-1, in subsection (A), clauses (a) and (b),
25    of Section 24-3, and those offenses contained in Article
26    29D of the Criminal Code of 1961 or the Criminal Code of

 

 

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1    2012; (ii) those offenses defined in the Cannabis Control
2    Act except those offenses defined in subsections (a) and
3    (b) of Section 4, and subsection (a) of Section 5 of the
4    Cannabis Control Act; (iii) those offenses defined in the
5    Illinois Controlled Substances Act; (iv) those offenses
6    defined in the Methamphetamine Control and Community
7    Protection Act; and (v) any offense committed or attempted
8    in any other state or against the laws of the United
9    States, which if committed or attempted in this State
10    would be punishable as one or more of the foregoing
11    offenses; (vi) the offenses defined in Section 4.1 and 5.1
12    of the Wrongs to Children Act or Section 11-9.1A of the
13    Criminal Code of 1961 or the Criminal Code of 2012; (vii)
14    those offenses defined in Section 6-16 of the Liquor
15    Control Act of 1934; and (viii) those offenses defined in
16    the Methamphetamine Precursor Control Act;
17        12. not have been repeatedly involved as a driver in
18    motor vehicle collisions or been repeatedly convicted of
19    offenses against laws and ordinances regulating the
20    movement of traffic, to a degree which indicates lack of
21    ability to exercise ordinary and reasonable care in the
22    safe operation of a motor vehicle or disrespect for the
23    traffic laws and the safety of other persons upon the
24    highway;
25        13. not have, through the unlawful operation of a
26    motor vehicle, caused an accident resulting in the death

 

 

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1    of any person;
2        14. not have, within the last 5 years, been adjudged
3    to be afflicted with or suffering from any mental
4    disability or disease;
5        15. consent, in writing, to the release of results of
6    reasonable suspicion drug and alcohol testing under
7    Section 6-106.1c of this Code by the employer of the
8    applicant to the Secretary of State; and
9        16. not have been convicted of committing or
10    attempting to commit within the last 20 years: (i) an
11    offense defined in subsection (c) of Section 4, subsection
12    (b) of Section 5, and subsection (a) of Section 8 of the
13    Cannabis Control Act; or (ii) any offenses in any other
14    state or against the laws of the United States that, if
15    committed or attempted in this State, would be punishable
16    as one or more of the foregoing offenses.
17    (b) A school bus driver permit shall be valid for a period
18specified by the Secretary of State as set forth by rule. It
19shall be renewable upon compliance with subsection (a) of this
20Section.
21    (c) A school bus driver permit shall contain the holder's
22driver's license number, legal name, residence address, zip
23code, and date of birth, a brief description of the holder and
24a space for signature. The Secretary of State may require a
25suitable photograph of the holder.
26    (d) The employer shall be responsible for conducting a

 

 

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1pre-employment interview with prospective school bus driver
2candidates, distributing school bus driver applications and
3medical forms to be completed by the applicant, and submitting
4the applicant's fingerprint cards to the Department of State
5Police that are required for the criminal background
6investigations. The employer shall certify in writing to the
7Secretary of State that all pre-employment conditions have
8been successfully completed including the successful
9completion of an Illinois specific criminal background
10investigation through the Department of State Police and the
11submission of necessary fingerprints to the Federal Bureau of
12Investigation for criminal history information available
13through the Federal Bureau of Investigation system. The
14applicant shall present the certification to the Secretary of
15State at the time of submitting the school bus driver permit
16application.
17    (e) Permits shall initially be provisional upon receiving
18certification from the employer that all pre-employment
19conditions have been successfully completed, and upon
20successful completion of all training and examination
21requirements for the classification of the vehicle to be
22operated, the Secretary of State shall provisionally issue a
23School Bus Driver Permit. The permit shall remain in a
24provisional status pending the completion of the Federal
25Bureau of Investigation's criminal background investigation
26based upon fingerprinting specimens submitted to the Federal

 

 

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1Bureau of Investigation by the Department of State Police. The
2Federal Bureau of Investigation shall report the findings
3directly to the Secretary of State. The Secretary of State
4shall remove the bus driver permit from provisional status
5upon the applicant's successful completion of the Federal
6Bureau of Investigation's criminal background investigation.
7    (f) A school bus driver permit holder shall notify the
8employer and the Secretary of State if he or she is issued an
9order of court supervision for or convicted in another state
10of an offense that would make him or her ineligible for a
11permit under subsection (a) of this Section. The written
12notification shall be made within 5 days of the entry of the
13order of court supervision or conviction. Failure of the
14permit holder to provide the notification is punishable as a
15petty offense for a first violation and a Class B misdemeanor
16for a second or subsequent violation.
17    (g) Cancellation; suspension; notice and procedure.
18        (1) The Secretary of State shall cancel a school bus
19    driver permit of an applicant whose criminal background
20    investigation discloses that he or she is not in
21    compliance with the provisions of subsection (a) of this
22    Section.
23        (2) The Secretary of State shall cancel a school bus
24    driver permit when he or she receives notice that the
25    permit holder fails to comply with any provision of this
26    Section or any rule promulgated for the administration of

 

 

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1    this Section.
2        (3) The Secretary of State shall cancel a school bus
3    driver permit if the permit holder's restricted commercial
4    or commercial driving privileges are withdrawn or
5    otherwise invalidated.
6        (4) The Secretary of State may not issue a school bus
7    driver permit for a period of 3 years to an applicant who
8    fails to obtain a negative result on a drug test as
9    required in item 6 of subsection (a) of this Section or
10    under federal law.
11        (5) The Secretary of State shall forthwith suspend a
12    school bus driver permit for a period of 3 years upon
13    receiving notice that the holder has failed to obtain a
14    negative result on a drug test as required in item 6 of
15    subsection (a) of this Section or under federal law.
16        (6) The Secretary of State shall suspend a school bus
17    driver permit for a period of 3 years upon receiving
18    notice from the employer that the holder failed to perform
19    the inspection procedure set forth in subsection (a) or
20    (b) of Section 12-816 of this Code.
21        (7) The Secretary of State shall suspend a school bus
22    driver permit for a period of 3 years upon receiving
23    notice from the employer that the holder refused to submit
24    to an alcohol or drug test as required by Section 6-106.1c
25    or has submitted to a test required by that Section which
26    disclosed an alcohol concentration of more than 0.00 or

 

 

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1    disclosed a positive result on a National Institute on
2    Drug Abuse five-drug panel, utilizing federal standards
3    set forth in 49 CFR 40.87.
4    The Secretary of State shall notify the State
5Superintendent of Education and the permit holder's
6prospective or current employer that the applicant has (1) has
7failed a criminal background investigation or (2) is no longer
8eligible for a school bus driver permit; and of the related
9cancellation of the applicant's provisional school bus driver
10permit. The cancellation shall remain in effect pending the
11outcome of a hearing pursuant to Section 2-118 of this Code.
12The scope of the hearing shall be limited to the issuance
13criteria contained in subsection (a) of this Section. A
14petition requesting a hearing shall be submitted to the
15Secretary of State and shall contain the reason the individual
16feels he or she is entitled to a school bus driver permit. The
17permit holder's employer shall notify in writing to the
18Secretary of State that the employer has certified the removal
19of the offending school bus driver from service prior to the
20start of that school bus driver's next workshift. An employing
21school board that fails to remove the offending school bus
22driver from service is subject to the penalties defined in
23Section 3-14.23 of the School Code. A school bus contractor
24who violates a provision of this Section is subject to the
25penalties defined in Section 6-106.11.
26    All valid school bus driver permits issued under this

 

 

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1Section prior to January 1, 1995, shall remain effective until
2their expiration date unless otherwise invalidated.
3    (h) When a school bus driver permit holder who is a service
4member is called to active duty, the employer of the permit
5holder shall notify the Secretary of State, within 30 days of
6notification from the permit holder, that the permit holder
7has been called to active duty. Upon notification pursuant to
8this subsection, (i) the Secretary of State shall characterize
9the permit as inactive until a permit holder renews the permit
10as provided in subsection (i) of this Section, and (ii) if a
11permit holder fails to comply with the requirements of this
12Section while called to active duty, the Secretary of State
13shall not characterize the permit as invalid.
14    (i) A school bus driver permit holder who is a service
15member returning from active duty must, within 90 days, renew
16a permit characterized as inactive pursuant to subsection (h)
17of this Section by complying with the renewal requirements of
18subsection (b) of this Section.
19    (j) For purposes of subsections (h) and (i) of this
20Section:
21    "Active duty" means active duty pursuant to an executive
22order of the President of the United States, an act of the
23Congress of the United States, or an order of the Governor.
24    "Service member" means a member of the Armed Services or
25reserve forces of the United States or a member of the Illinois
26National Guard.

 

 

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1    (k) A private carrier employer of a school bus driver
2permit holder, having satisfied the employer requirements of
3this Section, shall be held to a standard of ordinary care for
4intentional acts committed in the course of employment by the
5bus driver permit holder. This subsection (k) shall in no way
6limit the liability of the private carrier employer for
7violation of any provision of this Section or for the
8negligent hiring or retention of a school bus driver permit
9holder.
10(Source: P.A. 100-513, eff. 1-1-18; 101-458, eff. 1-1-20.)
 
11    (625 ILCS 5/6-508)  (from Ch. 95 1/2, par. 6-508)
12    Sec. 6-508. Commercial Driver's License (CDL) -
13qualification standards.
14    (a) Testing.
15        (1) General. No person shall be issued an original or
16    renewal CDL unless that person is domiciled in this State
17    or is applying for a non-domiciled CDL under Sections
18    6-509 and 6-510 of this Code. The Secretary shall cause to
19    be administered such tests as the Secretary deems
20    necessary to meet the requirements of 49 C.F.R. Part 383,
21    subparts F, G, H, and J.
22        (1.5) Effective July 1, 2014, no person shall be
23    issued an original CDL or an upgraded CDL that requires a
24    skills test unless that person has held a CLP, for a
25    minimum of 14 calendar days, for the classification of

 

 

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1    vehicle and endorsement, if any, for which the person is
2    seeking a CDL.
3        (2) Third party testing. The Secretary of State may
4    authorize a "third party tester", pursuant to 49 C.F.R.
5    383.75 and 49 C.F.R. 384.228 and 384.229, to administer
6    the skills test or tests specified by the Federal Motor
7    Carrier Safety Administration pursuant to the Commercial
8    Motor Vehicle Safety Act of 1986 and any appropriate
9    federal rule.
10        (3)(i) Effective February 7, 2020, unless the person
11    is exempted by 49 CFR 380.603, no person shall be issued an
12    original (first time issuance) CDL, an upgraded CDL or a
13    school bus (S), passenger (P), or hazardous Materials (H)
14    endorsement unless the person has successfully completed
15    entry-level driver training (ELDT) taught by a training
16    provider listed on the federal Training Provider Registry.
17        (ii) Persons who obtain a CLP before February 7, 2020
18    are not required to complete ELDT if the person obtains a
19    CDL before the CLP or renewed CLP expires.
20        (iii) Except for persons seeking the H endorsement,
21    persons must complete the theory and behind-the-wheel
22    (range and public road) portions of ELDT within one year
23    of completing the first portion.
24        (iv) The Secretary shall adopt rules to implement this
25    subsection.
26    (b) Waiver of Skills Test. The Secretary of State may

 

 

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1waive the skills test specified in this Section for a driver
2applicant for a commercial driver license who meets the
3requirements of 49 C.F.R. 383.77. The Secretary of State shall
4waive the skills tests specified in this Section for a driver
5applicant who has military commercial motor vehicle
6experience, subject to the requirements of 49 C.F.R. 383.77.
7    (b-1) No person shall be issued a CDL unless the person
8certifies to the Secretary one of the following types of
9driving operations in which he or she will be engaged:
10        (1) non-excepted interstate;
11        (2) non-excepted intrastate;
12        (3) excepted interstate; or
13        (4) excepted intrastate.
14    (b-2) (Blank).
15    (c) Limitations on issuance of a CDL. A CDL shall not be
16issued to a person while the person is subject to a
17disqualification from driving a commercial motor vehicle, or
18unless otherwise permitted by this Code, while the person's
19driver's license is suspended, revoked or cancelled in any
20state, or any territory or province of Canada; nor may a CLP or
21CDL be issued to a person who has a CLP or CDL issued by any
22other state, or foreign jurisdiction, nor may a CDL be issued
23to a person who has an Illinois CLP unless the person first
24surrenders all of these licenses or permits. However, a person
25may hold an Illinois CLP and an Illinois CDL providing the CLP
26is necessary to train or practice for an endorsement or

 

 

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1vehicle classification not present on the current CDL. No CDL
2shall be issued to or renewed for a person who does not meet
3the requirement of 49 CFR 391.41(b)(11). The requirement may
4be met with the aid of a hearing aid.
5    (c-1) The Secretary may issue a CDL with a school bus
6driver endorsement to allow a person to drive the type of bus
7described in subsection (d-5) of Section 6-104 of this Code.
8The CDL with a school bus driver endorsement may be issued only
9to a person meeting the following requirements:
10        (1) the person has submitted his or her fingerprints
11    to the Department of State Police in the form and manner
12    prescribed by the Department of State Police. These
13    fingerprints shall be checked against the fingerprint
14    records now and hereafter filed in the Department of State
15    Police and Federal Bureau of Investigation criminal
16    history records databases;
17        (2) the person has passed a written test, administered
18    by the Secretary of State, on charter bus operation,
19    charter bus safety, and certain special traffic laws
20    relating to school buses determined by the Secretary of
21    State to be relevant to charter buses, and submitted to a
22    review of the driver applicant's driving habits by the
23    Secretary of State at the time the written test is given;
24        (3) the person has demonstrated physical fitness to
25    operate school buses by submitting the results of a
26    medical examination, including tests for drug use; and

 

 

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1        (4) the person has not been convicted of committing or
2    attempting to commit any one or more of the following
3    offenses: (i) those offenses defined in Sections 8-1.2,
4    9-1, 9-1.2, 9-2, 9-2.1, 9-3, 9-3.2, 9-3.3, 10-1, 10-2,
5    10-3.1, 10-4, 10-5, 10-5.1, 10-6, 10-7, 10-9, 11-1.20,
6    11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-6.5, 11-6.6,
7    11-9, 11-9.1, 11-9.3, 11-9.4, 11-14, 11-14.1, 11-14.3,
8    11-14.4, 11-15, 11-15.1, 11-16, 11-17, 11-17.1, 11-18,
9    11-18.1, 11-19, 11-19.1, 11-19.2, 11-20, 11-20.1,
10    11-20.1B, 11-20.3, 11-21, 11-22, 11-23, 11-24, 11-25,
11    11-26, 11-30, 12-2.6, 12-3.1, 12-4, 12-4.1, 12-4.2,
12    12-4.2-5, 12-4.3, 12-4.4, 12-4.5, 12-4.6, 12-4.7, 12-4.9,
13    12-5.01, 12-6, 12-6.2, 12-7.1, 12-7.3, 12-7.4, 12-7.5,
14    12-11, 12-13, 12-14, 12-14.1, 12-15, 12-16, 12-16.2,
15    12-21.5, 12-21.6, 12-33, 12C-5, 12C-10, 12C-20, 12C-30,
16    12C-45, 16-16, 16-16.1, 18-1, 18-2, 18-3, 18-4, 18-5,
17    19-6, 20-1, 20-1.1, 20-1.2, 20-1.3, 20-2, 24-1, 24-1.1,
18    24-1.2, 24-1.2-5, 24-1.6, 24-1.7, 24-2.1, 24-3.3, 24-3.5,
19    24-3.8, 24-3.9, 31A-1, 31A-1.1, 33A-2, and 33D-1, and in
20    subsection (b) of Section 8-1, and in subdivisions (a)(1),
21    (a)(2), (b)(1), (e)(1), (e)(2), (e)(3), (e)(4), and (f)(1)
22    of Section 12-3.05, and in subsection (a) and subsection
23    (b), clause (1), of Section 12-4, and in subsection (A),
24    clauses (a) and (b), of Section 24-3, and those offenses
25    contained in Article 29D of the Criminal Code of 1961 or
26    the Criminal Code of 2012; (ii) those offenses defined in

 

 

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1    the Cannabis Control Act except those offenses defined in
2    subsections (a) and (b) of Section 4, and subsection (a)
3    of Section 5 of the Cannabis Control Act; (iii) those
4    offenses defined in the Illinois Controlled Substances
5    Act; (iv) those offenses defined in the Methamphetamine
6    Control and Community Protection Act; (v) any offense
7    committed or attempted in any other state or against the
8    laws of the United States, which if committed or attempted
9    in this State would be punishable as one or more of the
10    foregoing offenses; (vi) the offenses defined in Sections
11    4.1 and 5.1 of the Wrongs to Children Act or Section
12    11-9.1A of the Criminal Code of 1961 or the Criminal Code
13    of 2012; (vii) those offenses defined in Section 6-16 of
14    the Liquor Control Act of 1934; and (viii) those offenses
15    defined in the Methamphetamine Precursor Control Act.
16    The Department of State Police shall charge a fee for
17conducting the criminal history records check, which shall be
18deposited into the State Police Services Fund and may not
19exceed the actual cost of the records check.
20    (c-2) The Secretary shall issue a CDL with a school bus
21endorsement to allow a person to drive a school bus as defined
22in this Section. The CDL shall be issued according to the
23requirements outlined in 49 C.F.R. 383. A person may not
24operate a school bus as defined in this Section without a
25school bus endorsement. The Secretary of State may adopt rules
26consistent with Federal guidelines to implement this

 

 

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1subsection (c-2).
2    (d) (Blank).
3(Source: P.A. 101-185, eff. 1-1-20.)
 
4    Section 20. The Criminal Code of 2012 is amended by
5changing Section 11-9.1 as follows:
 
6    (720 ILCS 5/11-9.1)  (from Ch. 38, par. 11-9.1)
7    Sec. 11-9.1. Sexual exploitation of a child.
8    (a) A person commits sexual exploitation of a child if in
9the presence or virtual presence, or both, of a child and with
10knowledge that a child or one whom he or she believes to be a
11child would view his or her acts, that person:
12        (1) engages in a sexual act; or
13        (2) exposes his or her sex organs, anus or breast for
14    the purpose of sexual arousal or gratification of such
15    person or the child or one whom he or she believes to be a
16    child.
17    (a-5) A person commits sexual exploitation of a child who
18knowingly entices, coerces, or persuades a child to remove the
19child's clothing for the purpose of sexual arousal or
20gratification of the person or the child, or both.
21    (b) Definitions. As used in this Section:
22    "Sexual act" means masturbation, sexual conduct or sexual
23penetration as defined in Section 11-0.1 of this Code.
24    "Sex offense" means any violation of Article 11 of this

 

 

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1Code or Section 12-5.01 of this Code.
2    "Child" means a person under 17 years of age.
3    "Virtual presence" means an environment that is created
4with software and presented to the user and or receiver via the
5Internet, in such a way that the user appears in front of the
6receiver on the computer monitor or screen or hand-held
7portable electronic device, usually through a web camming
8program. "Virtual presence" includes primarily experiencing
9through sight or sound, or both, a video image that can be
10explored interactively at a personal computer or hand-held
11communication device, or both.
12    "Webcam" means a video capturing device connected to a
13computer or computer network that is designed to take digital
14photographs or live or recorded video which allows for the
15live transmission to an end user over the Internet.
16    (c) Sentence.
17        (1) Sexual exploitation of a child is a Class A
18    misdemeanor. A second or subsequent violation of this
19    Section or a substantially similar law of another state is
20    a Class 4 felony.
21        (2) Sexual exploitation of a child is a Class 4 felony
22    if the person has been previously convicted of a sex
23    offense.
24        (3) Sexual exploitation of a child is a Class 4 felony
25    if the victim was under 13 years of age at the time of the
26    commission of the offense.

 

 

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1        (4) Sexual exploitation of a child is a Class 4 felony
2    if committed by a person 18 years of age or older who is on
3    or within 500 feet of elementary or secondary school
4    grounds when children are present on the grounds.
5(Source: P.A. 100-863, eff. 8-14-18.)
 
6    Section 25. The Unified Code of Corrections is amended by
7changing Section 5-5-3 as follows:
 
8    (730 ILCS 5/5-5-3)
9    Sec. 5-5-3. Disposition.
10    (a) (Blank).
11    (b) (Blank).
12    (c) (1) (Blank).
13    (2) A period of probation, a term of periodic imprisonment
14or conditional discharge shall not be imposed for the
15following offenses. The court shall sentence the offender to
16not less than the minimum term of imprisonment set forth in
17this Code for the following offenses, and may order a fine or
18restitution or both in conjunction with such term of
19imprisonment:
20        (A) First degree murder where the death penalty is not
21    imposed.
22        (B) Attempted first degree murder.
23        (C) A Class X felony.
24        (D) A violation of Section 401.1 or 407 of the

 

 

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1    Illinois Controlled Substances Act, or a violation of
2    subdivision (c)(1.5) of Section 401 of that Act which
3    relates to more than 5 grams of a substance containing
4    fentanyl or an analog thereof.
5        (D-5) A violation of subdivision (c)(1) of Section 401
6    of the Illinois Controlled Substances Act which relates to
7    3 or more grams of a substance containing heroin or an
8    analog thereof.
9        (E) (Blank).
10        (F) A Class 1 or greater felony if the offender had
11    been convicted of a Class 1 or greater felony, including
12    any state or federal conviction for an offense that
13    contained, at the time it was committed, the same elements
14    as an offense now (the date of the offense committed after
15    the prior Class 1 or greater felony) classified as a Class
16    1 or greater felony, within 10 years of the date on which
17    the offender committed the offense for which he or she is
18    being sentenced, except as otherwise provided in Section
19    40-10 of the Substance Use Disorder Act.
20        (F-3) A Class 2 or greater felony sex offense or
21    felony firearm offense if the offender had been convicted
22    of a Class 2 or greater felony, including any state or
23    federal conviction for an offense that contained, at the
24    time it was committed, the same elements as an offense now
25    (the date of the offense committed after the prior Class 2
26    or greater felony) classified as a Class 2 or greater

 

 

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1    felony, within 10 years of the date on which the offender
2    committed the offense for which he or she is being
3    sentenced, except as otherwise provided in Section 40-10
4    of the Substance Use Disorder Act.
5        (F-5) A violation of Section 24-1, 24-1.1, or 24-1.6
6    of the Criminal Code of 1961 or the Criminal Code of 2012
7    for which imprisonment is prescribed in those Sections.
8        (G) Residential burglary, except as otherwise provided
9    in Section 40-10 of the Substance Use Disorder Act.
10        (H) Criminal sexual assault.
11        (I) Aggravated battery of a senior citizen as
12    described in Section 12-4.6 or subdivision (a)(4) of
13    Section 12-3.05 of the Criminal Code of 1961 or the
14    Criminal Code of 2012.
15        (J) A forcible felony if the offense was related to
16    the activities of an organized gang.
17        Before July 1, 1994, for the purposes of this
18    paragraph, "organized gang" means an association of 5 or
19    more persons, with an established hierarchy, that
20    encourages members of the association to perpetrate crimes
21    or provides support to the members of the association who
22    do commit crimes.
23        Beginning July 1, 1994, for the purposes of this
24    paragraph, "organized gang" has the meaning ascribed to it
25    in Section 10 of the Illinois Streetgang Terrorism Omnibus
26    Prevention Act.

 

 

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1        (K) Vehicular hijacking.
2        (L) A second or subsequent conviction for the offense
3    of hate crime when the underlying offense upon which the
4    hate crime is based is felony aggravated assault or felony
5    mob action.
6        (M) A second or subsequent conviction for the offense
7    of institutional vandalism if the damage to the property
8    exceeds $300.
9        (N) A Class 3 felony violation of paragraph (1) of
10    subsection (a) of Section 2 of the Firearm Owners
11    Identification Card Act.
12        (O) A violation of Section 12-6.1 or 12-6.5 of the
13    Criminal Code of 1961 or the Criminal Code of 2012.
14        (P) A violation of paragraph (1), (2), (3), (4), (5),
15    or (7) of subsection (a) of Section 11-20.1 of the
16    Criminal Code of 1961 or the Criminal Code of 2012.
17        (Q) A violation of subsection (b) or (b-5) of Section
18    20-1, Section 20-1.2, or Section 20-1.3 of the Criminal
19    Code of 1961 or the Criminal Code of 2012.
20        (R) A violation of Section 24-3A of the Criminal Code
21    of 1961 or the Criminal Code of 2012.
22        (S) (Blank).
23        (T) (Blank).
24        (U) A second or subsequent violation of Section 6-303
25    of the Illinois Vehicle Code committed while his or her
26    driver's license, permit, or privilege was revoked because

 

 

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1    of a violation of Section 9-3 of the Criminal Code of 1961
2    or the Criminal Code of 2012, relating to the offense of
3    reckless homicide, or a similar provision of a law of
4    another state.
5        (V) A violation of paragraph (4) of subsection (c) of
6    Section 11-20.1B or paragraph (4) of subsection (c) of
7    Section 11-20.3 of the Criminal Code of 1961, or paragraph
8    (6) of subsection (a) of Section 11-20.1 of the Criminal
9    Code of 2012 when the victim is under 13 years of age and
10    the defendant has previously been convicted under the laws
11    of this State or any other state of the offense of child
12    pornography, aggravated child pornography, aggravated
13    criminal sexual abuse, aggravated criminal sexual assault,
14    predatory criminal sexual assault of a child, or any of
15    the offenses formerly known as rape, deviate sexual
16    assault, indecent liberties with a child, or aggravated
17    indecent liberties with a child where the victim was under
18    the age of 18 years or an offense that is substantially
19    equivalent to those offenses.
20        (W) A violation of Section 24-3.5 of the Criminal Code
21    of 1961 or the Criminal Code of 2012.
22        (X) A violation of subsection (a) of Section 31-1a of
23    the Criminal Code of 1961 or the Criminal Code of 2012.
24        (Y) A conviction for unlawful possession of a firearm
25    by a street gang member when the firearm was loaded or
26    contained firearm ammunition.

 

 

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1        (Z) A Class 1 felony committed while he or she was
2    serving a term of probation or conditional discharge for a
3    felony.
4        (AA) Theft of property exceeding $500,000 and not
5    exceeding $1,000,000 in value.
6        (BB) Laundering of criminally derived property of a
7    value exceeding $500,000.
8        (CC) Knowingly selling, offering for sale, holding for
9    sale, or using 2,000 or more counterfeit items or
10    counterfeit items having a retail value in the aggregate
11    of $500,000 or more.
12        (DD) A conviction for aggravated assault under
13    paragraph (6) of subsection (c) of Section 12-2 of the
14    Criminal Code of 1961 or the Criminal Code of 2012 if the
15    firearm is aimed toward the person against whom the
16    firearm is being used.
17        (EE) A conviction for a violation of paragraph (2) of
18    subsection (a) of Section 24-3B of the Criminal Code of
19    2012.
20    (3) (Blank).
21    (4) A minimum term of imprisonment of not less than 10
22consecutive days or 30 days of community service shall be
23imposed for a violation of paragraph (c) of Section 6-303 of
24the Illinois Vehicle Code.
25    (4.1) (Blank).
26    (4.2) Except as provided in paragraphs (4.3) and (4.8) of

 

 

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1this subsection (c), a minimum of 100 hours of community
2service shall be imposed for a second violation of Section
36-303 of the Illinois Vehicle Code.
4    (4.3) A minimum term of imprisonment of 30 days or 300
5hours of community service, as determined by the court, shall
6be imposed for a second violation of subsection (c) of Section
76-303 of the Illinois Vehicle Code.
8    (4.4) Except as provided in paragraphs (4.5), (4.6), and
9(4.9) of this subsection (c), a minimum term of imprisonment
10of 30 days or 300 hours of community service, as determined by
11the court, shall be imposed for a third or subsequent
12violation of Section 6-303 of the Illinois Vehicle Code. The
13court may give credit toward the fulfillment of community
14service hours for participation in activities and treatment as
15determined by court services.
16    (4.5) A minimum term of imprisonment of 30 days shall be
17imposed for a third violation of subsection (c) of Section
186-303 of the Illinois Vehicle Code.
19    (4.6) Except as provided in paragraph (4.10) of this
20subsection (c), a minimum term of imprisonment of 180 days
21shall be imposed for a fourth or subsequent violation of
22subsection (c) of Section 6-303 of the Illinois Vehicle Code.
23    (4.7) A minimum term of imprisonment of not less than 30
24consecutive days, or 300 hours of community service, shall be
25imposed for a violation of subsection (a-5) of Section 6-303
26of the Illinois Vehicle Code, as provided in subsection (b-5)

 

 

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1of that Section.
2    (4.8) A mandatory prison sentence shall be imposed for a
3second violation of subsection (a-5) of Section 6-303 of the
4Illinois Vehicle Code, as provided in subsection (c-5) of that
5Section. The person's driving privileges shall be revoked for
6a period of not less than 5 years from the date of his or her
7release from prison.
8    (4.9) A mandatory prison sentence of not less than 4 and
9not more than 15 years shall be imposed for a third violation
10of subsection (a-5) of Section 6-303 of the Illinois Vehicle
11Code, as provided in subsection (d-2.5) of that Section. The
12person's driving privileges shall be revoked for the remainder
13of his or her life.
14    (4.10) A mandatory prison sentence for a Class 1 felony
15shall be imposed, and the person shall be eligible for an
16extended term sentence, for a fourth or subsequent violation
17of subsection (a-5) of Section 6-303 of the Illinois Vehicle
18Code, as provided in subsection (d-3.5) of that Section. The
19person's driving privileges shall be revoked for the remainder
20of his or her life.
21    (5) The court may sentence a corporation or unincorporated
22association convicted of any offense to:
23        (A) a period of conditional discharge;
24        (B) a fine;
25        (C) make restitution to the victim under Section 5-5-6
26    of this Code.

 

 

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1    (5.1) In addition to any other penalties imposed, and
2except as provided in paragraph (5.2) or (5.3), a person
3convicted of violating subsection (c) of Section 11-907 of the
4Illinois Vehicle Code shall have his or her driver's license,
5permit, or privileges suspended for at least 90 days but not
6more than one year, if the violation resulted in damage to the
7property of another person.
8    (5.2) In addition to any other penalties imposed, and
9except as provided in paragraph (5.3), a person convicted of
10violating subsection (c) of Section 11-907 of the Illinois
11Vehicle Code shall have his or her driver's license, permit,
12or privileges suspended for at least 180 days but not more than
132 years, if the violation resulted in injury to another
14person.
15    (5.3) In addition to any other penalties imposed, a person
16convicted of violating subsection (c) of Section 11-907 of the
17Illinois Vehicle Code shall have his or her driver's license,
18permit, or privileges suspended for 2 years, if the violation
19resulted in the death of another person.
20    (5.4) In addition to any other penalties imposed, a person
21convicted of violating Section 3-707 of the Illinois Vehicle
22Code shall have his or her driver's license, permit, or
23privileges suspended for 3 months and until he or she has paid
24a reinstatement fee of $100.
25    (5.5) In addition to any other penalties imposed, a person
26convicted of violating Section 3-707 of the Illinois Vehicle

 

 

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

 

 

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1or recreational area where sports activities are conducted;
2and "coach" means a person recognized as a coach by the
3sanctioning authority that conducted the sporting event.
4    (12) A person may not receive a disposition of court
5supervision for a violation of Section 5-16 of the Boat
6Registration and Safety Act if that person has previously
7received a disposition of court supervision for a violation of
8that Section.
9    (13) A person convicted of or placed on court supervision
10for an assault or aggravated assault when the victim and the
11offender are family or household members as defined in Section
12103 of the Illinois Domestic Violence Act of 1986 or convicted
13of domestic battery or aggravated domestic battery may be
14required to attend a Partner Abuse Intervention Program under
15protocols set forth by the Illinois Department of Human
16Services under such terms and conditions imposed by the court.
17The costs of such classes shall be paid by the offender.
18    (d) In any case in which a sentence originally imposed is
19vacated, the case shall be remanded to the trial court. The
20trial court shall hold a hearing under Section 5-4-1 of this
21Code which may include evidence of the defendant's life, moral
22character and occupation during the time since the original
23sentence was passed. The trial court shall then impose
24sentence upon the defendant. The trial court may impose any
25sentence which could have been imposed at the original trial
26subject to Section 5-5-4 of this Code. If a sentence is vacated

 

 

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1on appeal or on collateral attack due to the failure of the
2trier of fact at trial to determine beyond a reasonable doubt
3the existence of a fact (other than a prior conviction)
4necessary to increase the punishment for the offense beyond
5the statutory maximum otherwise applicable, either the
6defendant may be re-sentenced to a term within the range
7otherwise provided or, if the State files notice of its
8intention to again seek the extended sentence, the defendant
9shall be afforded a new trial.
10    (e) In cases where prosecution for aggravated criminal
11sexual abuse under Section 11-1.60 or 12-16 of the Criminal
12Code of 1961 or the Criminal Code of 2012 results in conviction
13of a defendant who was a family member of the victim at the
14time of the commission of the offense, the court shall
15consider the safety and welfare of the victim and may impose a
16sentence of probation only where:
17        (1) the court finds (A) or (B) or both are
18    appropriate:
19            (A) the defendant is willing to undergo a court
20        approved counseling program for a minimum duration of
21        2 years; or
22            (B) the defendant is willing to participate in a
23        court approved plan including but not limited to the
24        defendant's:
25                (i) removal from the household;
26                (ii) restricted contact with the victim;

 

 

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1                (iii) continued financial support of the
2            family;
3                (iv) restitution for harm done to the victim;
4            and
5                (v) compliance with any other measures that
6            the court may deem appropriate; and
7        (2) the court orders the defendant to pay for the
8    victim's counseling services, to the extent that the court
9    finds, after considering the defendant's income and
10    assets, that the defendant is financially capable of
11    paying for such services, if the victim was under 18 years
12    of age at the time the offense was committed and requires
13    counseling as a result of the offense.
14    Probation may be revoked or modified pursuant to Section
155-6-4; except where the court determines at the hearing that
16the defendant violated a condition of his or her probation
17restricting contact with the victim or other family members or
18commits another offense with the victim or other family
19members, the court shall revoke the defendant's probation and
20impose a term of imprisonment.
21    For the purposes of this Section, "family member" and
22"victim" shall have the meanings ascribed to them in Section
2311-0.1 of the Criminal Code of 2012.
24    (f) (Blank).
25    (g) Whenever a defendant is convicted of an offense under
26Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-14,

 

 

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111-14.3, 11-14.4 except for an offense that involves keeping a
2place of juvenile prostitution, 11-15, 11-15.1, 11-16, 11-17,
311-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 12-13, 12-14,
412-14.1, 12-15 or 12-16 of the Criminal Code of 1961 or the
5Criminal Code of 2012, the defendant shall undergo medical
6testing to determine whether the defendant has any sexually
7transmissible disease, including a test for infection with
8human immunodeficiency virus (HIV) or any other identified
9causative agent of acquired immunodeficiency syndrome (AIDS).
10Any such medical test shall be performed only by appropriately
11licensed medical practitioners and may include an analysis of
12any bodily fluids as well as an examination of the defendant's
13person. Except as otherwise provided by law, the results of
14such test shall be kept strictly confidential by all medical
15personnel involved in the testing and must be personally
16delivered in a sealed envelope to the judge of the court in
17which the conviction was entered for the judge's inspection in
18camera. Acting in accordance with the best interests of the
19victim and the public, the judge shall have the discretion to
20determine to whom, if anyone, the results of the testing may be
21revealed. The court shall notify the defendant of the test
22results. The court shall also notify the victim if requested
23by the victim, and if the victim is under the age of 15 and if
24requested by the victim's parents or legal guardian, the court
25shall notify the victim's parents or legal guardian of the
26test results. The court shall provide information on the

 

 

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1availability of HIV testing and counseling at Department of
2Public Health facilities to all parties to whom the results of
3the testing are revealed and shall direct the State's Attorney
4to provide the information to the victim when possible. A
5State's Attorney may petition the court to obtain the results
6of any HIV test administered under this Section, and the court
7shall grant the disclosure if the State's Attorney shows it is
8relevant in order to prosecute a charge of criminal
9transmission of HIV under Section 12-5.01 or 12-16.2 of the
10Criminal Code of 1961 or the Criminal Code of 2012 against the
11defendant. The court shall order that the cost of any such test
12shall be paid by the county and may be taxed as costs against
13the convicted defendant.
14    (g-5) When an inmate is tested for an airborne
15communicable disease, as determined by the Illinois Department
16of Public Health including but not limited to tuberculosis,
17the results of the test shall be personally delivered by the
18warden or his or her designee in a sealed envelope to the judge
19of the court in which the inmate must appear for the judge's
20inspection in camera if requested by the judge. Acting in
21accordance with the best interests of those in the courtroom,
22the judge shall have the discretion to determine what if any
23precautions need to be taken to prevent transmission of the
24disease in the courtroom.
25    (h) Whenever a defendant is convicted of an offense under
26Section 1 or 2 of the Hypodermic Syringes and Needles Act, the

 

 

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1defendant shall undergo medical testing to determine whether
2the defendant has been exposed to human immunodeficiency virus
3(HIV) or any other identified causative agent of acquired
4immunodeficiency syndrome (AIDS). Except as otherwise provided
5by law, the results of such test shall be kept strictly
6confidential by all medical personnel involved in the testing
7and must be personally delivered in a sealed envelope to the
8judge of the court in which the conviction was entered for the
9judge's inspection in camera. Acting in accordance with the
10best interests of the public, the judge shall have the
11discretion to determine to whom, if anyone, the results of the
12testing may be revealed. The court shall notify the defendant
13of a positive test showing an infection with the human
14immunodeficiency virus (HIV). The court shall provide
15information on the availability of HIV testing and counseling
16at Department of Public Health facilities to all parties to
17whom the results of the testing are revealed and shall direct
18the State's Attorney to provide the information to the victim
19when possible. A State's Attorney may petition the court to
20obtain the results of any HIV test administered under this
21Section, and the court shall grant the disclosure if the
22State's Attorney shows it is relevant in order to prosecute a
23charge of criminal transmission of HIV under Section 12-5.01
24or 12-16.2 of the Criminal Code of 1961 or the Criminal Code of
252012 against the defendant. The court shall order that the
26cost of any such test shall be paid by the county and may be

 

 

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1taxed as costs against the convicted defendant.
2    (i) All fines and penalties imposed under this Section for
3any violation of Chapters 3, 4, 6, and 11 of the Illinois
4Vehicle Code, or a similar provision of a local ordinance, and
5any violation of the Child Passenger Protection Act, or a
6similar provision of a local ordinance, shall be collected and
7disbursed by the circuit clerk as provided under the Criminal
8and Traffic Assessment Act.
9    (j) In cases when prosecution for any violation of Section
1011-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-8, 11-9,
1111-11, 11-14, 11-14.3, 11-14.4, 11-15, 11-15.1, 11-16, 11-17,
1211-17.1, 11-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 11-20.1,
1311-20.1B, 11-20.3, 11-21, 11-30, 11-40, 12-13, 12-14, 12-14.1,
1412-15, or 12-16 of the Criminal Code of 1961 or the Criminal
15Code of 2012, any violation of the Illinois Controlled
16Substances Act, any violation of the Cannabis Control Act, or
17any violation of the Methamphetamine Control and Community
18Protection Act results in conviction, a disposition of court
19supervision, or an order of probation granted under Section 10
20of the Cannabis Control Act, Section 410 of the Illinois
21Controlled Substances Act, or Section 70 of the
22Methamphetamine Control and Community Protection Act of a
23defendant, the court shall determine whether the defendant is
24employed by a facility or center as defined under the Child
25Care Act of 1969, a public or private elementary or secondary
26school, or otherwise works with children under 18 years of age

 

 

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1on a daily basis. When a defendant is so employed, the court
2shall order the Clerk of the Court to send a copy of the
3judgment of conviction or order of supervision or probation to
4the defendant's employer by certified mail. If the employer of
5the defendant is a school, the Clerk of the Court shall direct
6the mailing of a copy of the judgment of conviction or order of
7supervision or probation to the appropriate regional
8superintendent of schools. The regional superintendent of
9schools shall notify the State Board of Education of any
10notification under this subsection.
11    (j-5) A defendant at least 17 years of age who is convicted
12of a felony and who has not been previously convicted of a
13misdemeanor or felony and who is sentenced to a term of
14imprisonment in the Illinois Department of Corrections shall
15as a condition of his or her sentence be required by the court
16to attend educational courses designed to prepare the
17defendant for a high school diploma and to work toward a high
18school diploma or to work toward passing high school
19equivalency testing or to work toward completing a vocational
20training program offered by the Department of Corrections. If
21a defendant fails to complete the educational training
22required by his or her sentence during the term of
23incarceration, the Prisoner Review Board shall, as a condition
24of mandatory supervised release, require the defendant, at his
25or her own expense, to pursue a course of study toward a high
26school diploma or passage of high school equivalency testing.

 

 

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1The Prisoner Review Board shall revoke the mandatory
2supervised release of a defendant who wilfully fails to comply
3with this subsection (j-5) upon his or her release from
4confinement in a penal institution while serving a mandatory
5supervised release term; however, the inability of the
6defendant after making a good faith effort to obtain financial
7aid or pay for the educational training shall not be deemed a
8wilful failure to comply. The Prisoner Review Board shall
9recommit the defendant whose mandatory supervised release term
10has been revoked under this subsection (j-5) as provided in
11Section 3-3-9. This subsection (j-5) does not apply to a
12defendant who has a high school diploma or has successfully
13passed high school equivalency testing. This subsection (j-5)
14does not apply to a defendant who is determined by the court to
15be a person with a developmental disability or otherwise
16mentally incapable of completing the educational or vocational
17program.
18    (k) (Blank).
19    (l) (A) Except as provided in paragraph (C) of subsection
20(l), whenever a defendant, who is an alien as defined by the
21Immigration and Nationality Act, is convicted of any felony or
22misdemeanor offense, the court after sentencing the defendant
23may, upon motion of the State's Attorney, hold sentence in
24abeyance and remand the defendant to the custody of the
25Attorney General of the United States or his or her designated
26agent to be deported when:

 

 

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1        (1) a final order of deportation has been issued
2    against the defendant pursuant to proceedings under the
3    Immigration and Nationality Act, and
4        (2) the deportation of the defendant would not
5    deprecate the seriousness of the defendant's conduct and
6    would not be inconsistent with the ends of justice.
7    Otherwise, the defendant shall be sentenced as provided in
8this Chapter V.
9    (B) If the defendant has already been sentenced for a
10felony or misdemeanor offense, or has been placed on probation
11under Section 10 of the Cannabis Control Act, Section 410 of
12the Illinois Controlled Substances Act, or Section 70 of the
13Methamphetamine Control and Community Protection Act, the
14court may, upon motion of the State's Attorney to suspend the
15sentence imposed, commit the defendant to the custody of the
16Attorney General of the United States or his or her designated
17agent when:
18        (1) a final order of deportation has been issued
19    against the defendant pursuant to proceedings under the
20    Immigration and Nationality Act, and
21        (2) the deportation of the defendant would not
22    deprecate the seriousness of the defendant's conduct and
23    would not be inconsistent with the ends of justice.
24    (C) This subsection (l) does not apply to offenders who
25are subject to the provisions of paragraph (2) of subsection
26(a) of Section 3-6-3.

 

 

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1    (D) Upon motion of the State's Attorney, if a defendant
2sentenced under this Section returns to the jurisdiction of
3the United States, the defendant shall be recommitted to the
4custody of the county from which he or she was sentenced.
5Thereafter, the defendant shall be brought before the
6sentencing court, which may impose any sentence that was
7available under Section 5-5-3 at the time of initial
8sentencing. In addition, the defendant shall not be eligible
9for additional earned sentence credit as provided under
10Section 3-6-3.
11    (m) A person convicted of criminal defacement of property
12under Section 21-1.3 of the Criminal Code of 1961 or the
13Criminal Code of 2012, in which the property damage exceeds
14$300 and the property damaged is a school building, shall be
15ordered to perform community service that may include cleanup,
16removal, or painting over the defacement.
17    (n) The court may sentence a person convicted of a
18violation of Section 12-19, 12-21, 16-1.3, or 17-56, or
19subsection (a) or (b) of Section 12-4.4a, of the Criminal Code
20of 1961 or the Criminal Code of 2012 (i) to an impact
21incarceration program if the person is otherwise eligible for
22that program under Section 5-8-1.1, (ii) to community service,
23or (iii) if the person has a substance use disorder, as defined
24in the Substance Use Disorder Act, to a treatment program
25licensed under that Act.
26    (o) Whenever a person is convicted of a sex offense as

 

 

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1defined in Section 2 of the Sex Offender Registration Act, the
2defendant's driver's license or permit shall be subject to
3renewal on an annual basis in accordance with the provisions
4of license renewal established by the Secretary of State.
5(Source: P.A. 100-575, eff. 1-8-18; 100-759, eff. 1-1-19;
6100-987, eff. 7-1-19; 101-81, eff. 7-12-19.)
 
7    (720 ILCS 5/12-5.01 rep.)
8    Section 30. The Criminal Code of 2012 is amended by
9repealing Section 12-5.01.
 
10    Section 99. Effective date. This Act takes effect upon
11becoming law.".