Full Text of HB0495 94th General Assembly
HB0495 94TH GENERAL ASSEMBLY
|
|
|
94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006 HB0495
Introduced 1/27/2005, by Rep. Mr. Jack McGuire SYNOPSIS AS INTRODUCED: |
|
730 ILCS 5/3-7-6 |
from Ch. 38, par. 1003-7-6 |
730 ILCS 5/5-5-3 |
from Ch. 38, par. 1005-5-3 |
|
Amends the Unified Code of Corrections. Requires that a person
convicted of an
offense that results in injury to a victim shall be ordered to pay for the
medical and dental costs incurred by the victim in seeking treatment for those
injuries inflicted by the person convicted.
|
| |
|
|
A BILL FOR
|
|
|
|
|
HB0495 |
|
LRB094 06933 RLC 37048 b |
|
| 1 |
| AN ACT in relation to criminal law.
| 2 |
| Be it enacted by the People of the State of Illinois, | 3 |
| represented in the General Assembly:
| 4 |
| Section 5. The Unified Code of Corrections is amended by | 5 |
| changing
Sections 3-7-6 and 5-5-3 as follows:
| 6 |
| (730 ILCS 5/3-7-6) (from Ch. 38, par. 1003-7-6)
| 7 |
| Sec. 3-7-6. Reimbursement for expenses.
| 8 |
| (a) Responsibility of committed persons. For the purposes | 9 |
| of this
Section, "committed persons" mean those persons who | 10 |
| through judicial
determination have been placed in the custody | 11 |
| of the Department on the basis of
a conviction as an adult. | 12 |
| Committed
persons shall be responsible to reimburse the
| 13 |
| Department for the expenses incurred by their incarceration at | 14 |
| a rate to be
determined by the Department in accordance with | 15 |
| this Section. Committed
persons shall also be responsible for | 16 |
| reimbursing victims of their offenses for
the costs of medical | 17 |
| and dental services incurred by the victims as a result of
| 18 |
| their criminal
conduct committed against the victims.
| 19 |
| (1) Committed persons shall fully cooperate with the | 20 |
| Department by
providing complete
financial information for | 21 |
| the purposes under this Section.
| 22 |
| (2) The failure of a committed person to fully | 23 |
| cooperate as provided for
in
clauses (3)
and (4) of | 24 |
| subsection (a-5) shall be considered for purposes of a | 25 |
| parole
determination. Any committed person who willfully | 26 |
| refuses to cooperate with the
obligations set forth in this | 27 |
| Section may be subject to the loss of good
conduct credit
| 28 |
| towards his or her sentence of up to 180 days.
| 29 |
| (a-5) Assets information form.
| 30 |
| (1) The Department shall develop a form, which shall be | 31 |
| used by the
Department
to
obtain information from all | 32 |
| committed persons regarding assets of the persons.
|
|
|
|
HB0495 |
- 2 - |
LRB094 06933 RLC 37048 b |
|
| 1 |
| (2) In order to enable the Department to determine the | 2 |
| financial status of
the
committed
person, the form shall | 3 |
| provide for obtaining the age and marital status of a
| 4 |
| committed
person, the number and ages of children of the | 5 |
| person, the number and ages of
other
dependents, the type | 6 |
| and value of real estate, the type and value of personal
| 7 |
| property,
cash and bank accounts, the location of any lock | 8 |
| boxes, the type and value of
investments, pensions and | 9 |
| annuities and any other personalty of significant
cash
| 10 |
| value, including but not limited to jewelry, art work and | 11 |
| collectables, and all
medical
or dental insurance policies | 12 |
| covering the committed person. The form may also
provide | 13 |
| for other information deemed pertinent by the Department in | 14 |
| the
investigation of a committed person's assets.
| 15 |
| (3) Upon being developed, the form shall be submitted | 16 |
| to each committed
person
as of
the date the form is | 17 |
| developed and to every committed person who thereafter is
| 18 |
| sentenced to imprisonment under the jurisdiction of the | 19 |
| Department. The form
may
be resubmitted to a committed | 20 |
| person by the Department for purpose of
obtaining
current | 21 |
| information regarding the assets of the person.
| 22 |
| (4) Every committed person shall complete the form or | 23 |
| provide for
completion
of the
form and the committed person | 24 |
| shall swear under oath or affirm that to the best
of his
or | 25 |
| her knowledge the information provided is complete and | 26 |
| accurate.
| 27 |
| (b) Expenses. The rate at which sums to be charged for the | 28 |
| expenses
incurred by a committed person for his or her | 29 |
| confinement
shall be computed by
the Department as the average | 30 |
| per capita cost per day for all inmates of that
institution or | 31 |
| facility for that fiscal year. The average per capita cost per
| 32 |
| day shall be computed by the Department based on the average | 33 |
| per capita cost
per day for the operation of that institution | 34 |
| or facility for the fiscal year
immediately preceding the | 35 |
| period of incarceration for which the rate is being
calculated. | 36 |
| The Department shall establish rules and regulations providing |
|
|
|
HB0495 |
- 3 - |
LRB094 06933 RLC 37048 b |
|
| 1 |
| for
the computation of the above costs, and shall determine the | 2 |
| average per capita
cost per day for each of its institutions or | 3 |
| facilities for each fiscal year.
The Department shall have the
| 4 |
| power to modify its rules and regulations, so as to provide for | 5 |
| the most
accurate and most current average per capita cost per | 6 |
| day computation. Where
the committed person is placed in a | 7 |
| facility outside the
Department, the
Department may pay the | 8 |
| actual cost of services in that facility, and may
collect | 9 |
| reimbursement for the entire amount paid from the committed | 10 |
| person
receiving those services.
| 11 |
| (c) Records. The records of the Department, including, but | 12 |
| not limited to,
those relating to: the average per capita cost | 13 |
| per day for a particular
institution or facility for a | 14 |
| particular year, and the calculation of the
average per capita | 15 |
| cost per day; the average daily population of a particular
| 16 |
| Department correctional institution or facility for a | 17 |
| particular year; the
specific placement of a particular | 18 |
| committed person in
various Department
correctional | 19 |
| institutions or facilities for various periods of time; and the
| 20 |
| record of transactions of a particular committed person's
trust | 21 |
| account under
Section 3-4-3 of this Act; may be proved in any | 22 |
| legal proceeding, by a
reproduced copy thereof or by a computer | 23 |
| printout of Department records, under
the certificate of the | 24 |
| Director. If
reproduced copies are used, the Director must | 25 |
| certify that those are true and
exact copies of the records on | 26 |
| file with the Department. If computer
printouts of records of | 27 |
| the Department are offered as proof, the Director must
certify | 28 |
| that those computer printouts are true and exact | 29 |
| representations of
records properly entered into standard | 30 |
| electronic computing equipment, in the
regular course of the | 31 |
| Department's business, at or reasonably near the time of
the | 32 |
| occurrence of the facts recorded, from trustworthy and reliable
| 33 |
| information. The reproduced copy or computer printout shall, | 34 |
| without further
proof, be admitted into evidence in any legal | 35 |
| proceeding, and shall be prima
facie correct and prima facie | 36 |
| evidence of the accuracy of the information
contained therein.
|
|
|
|
HB0495 |
- 4 - |
LRB094 06933 RLC 37048 b |
|
| 1 |
| (d) Authority. The Director, or the Director's designee, | 2 |
| may, when he or
she knows or reasonably believes that a | 3 |
| committed person, or the estate of that
person, has assets | 4 |
| which may be used to satisfy all or part of a judgment
rendered | 5 |
| under this Act,
or when he or she knows or reasonably believes | 6 |
| that
a committed person is engaged in gang-related activity and | 7 |
| has a substantial sum of
money or other assets,
provide for the | 8 |
| forwarding to the Attorney General of a report on the
committed | 9 |
| person and that report shall contain a completed form under
| 10 |
| subsection (a-5) together with all other information available | 11 |
| concerning the
assets of
the committed person and an estimate | 12 |
| of the total expenses for that committed
person, and
authorize | 13 |
| the Attorney General to institute
proceedings to require the
| 14 |
| persons, or the estates of the persons, to reimburse the | 15 |
| Department for the
expenses incurred by their incarceration and | 16 |
| to reimburse the victims of
their offenses for the costs of | 17 |
| medical and dental services incurred by their
victims as a | 18 |
| result of their criminal conduct . The Attorney General, upon
| 19 |
| authorization of the Director, or the Director's designee, | 20 |
| shall institute
actions on behalf of the Department and pursue | 21 |
| claims on the Department's
or victims'
behalf in probate and | 22 |
| bankruptcy proceedings, to recover from committed persons
the | 23 |
| expenses incurred by
their
confinement or the medical and | 24 |
| dental costs of their victims .
For purposes of this subsection | 25 |
| (d), "gang-related" activity
has the meaning ascribed to it in | 26 |
| Section 10 of the Illinois Streetgang
Terrorism Omnibus | 27 |
| Prevention Act.
| 28 |
| (e) Scope and limitations.
| 29 |
| (1) No action under this Section shall be initiated | 30 |
| more than 2 years
after the release or death of the | 31 |
| committed person in
question.
| 32 |
| (2) The death of a convicted person, by execution or | 33 |
| otherwise, while
committed to a Department correctional | 34 |
| institution or facility shall not act as
a bar to any | 35 |
| action or proceeding under this Section.
| 36 |
| (3) The assets of a committed person, for the purposes
|
|
|
|
HB0495 |
- 5 - |
LRB094 06933 RLC 37048 b |
|
| 1 |
| of this Section,
shall
include any property, tangible or | 2 |
| intangible, real or personal, belonging to
or due to a | 3 |
| committed or formerly committed person including income or | 4 |
| payments
to the person from social security, worker's | 5 |
| compensation, veteran's
compensation, pension benefits, or | 6 |
| from any other source whatsoever and any
and all assets and | 7 |
| property of whatever character held in the name
of the | 8 |
| person, held for the benefit of the person, or payable or | 9 |
| otherwise
deliverable to the person. Any trust, or portion | 10 |
| of a trust, of which a
convicted person is a beneficiary, | 11 |
| shall be construed as an asset of the
person, to the extent | 12 |
| that benefits thereunder are required to be paid to the
| 13 |
| person, or shall in fact be paid to the person.
At the time | 14 |
| of a legal proceeding by the Attorney General under this | 15 |
| Section,
if it appears that the committed person has any | 16 |
| assets which ought to be
subjected to the claim of the | 17 |
| Department or a victim under this Section,
the court may
| 18 |
| issue an order requiring any person, corporation, or other | 19 |
| legal entity
possessed or having custody of those assets to | 20 |
| appropriate any of the assets
or a portion thereof toward | 21 |
| reimbursing the Department or victim as
provided for under
| 22 |
| this Section.
No provision of this Section
shall be | 23 |
| construed in violation of any State or federal limitation | 24 |
| on the
collection of money judgments.
| 25 |
| (4) Nothing in this Section shall preclude the | 26 |
| Department from applying
federal benefits that are | 27 |
| specifically provided for the care and treatment of
a | 28 |
| committed person toward the cost of care provided by a
| 29 |
| State facility or
private agency.
| 30 |
| (Source: P.A. 92-564, eff. 1-1-03.)
| 31 |
| (730 ILCS 5/5-5-3) (from Ch. 38, par. 1005-5-3)
| 32 |
| Sec. 5-5-3. Disposition.
| 33 |
| (a) Except as provided in Section 11-501 of the Illinois | 34 |
| Vehicle Code, every person convicted of an offense shall be | 35 |
| sentenced as provided
in this Section.
|
|
|
|
HB0495 |
- 6 - |
LRB094 06933 RLC 37048 b |
|
| 1 |
| (b) The following options shall be appropriate | 2 |
| dispositions, alone
or in combination, for all felonies and | 3 |
| misdemeanors other than those
identified in subsection (c) of | 4 |
| this Section:
| 5 |
| (1) A period of probation.
| 6 |
| (2) A term of periodic imprisonment.
| 7 |
| (3) A term of conditional discharge.
| 8 |
| (4) A term of imprisonment.
| 9 |
| (5) An order directing the offender to clean up and | 10 |
| repair the
damage, if the offender was convicted under | 11 |
| paragraph (h) of Section
21-1 of the Criminal Code of 1961 | 12 |
| (now repealed).
| 13 |
| (6) A fine.
| 14 |
| (7) An order directing the offender to make restitution | 15 |
| to the
victim under Section 5-5-6 of this Code.
| 16 |
| (8) A sentence of participation in a county impact | 17 |
| incarceration
program under Section 5-8-1.2 of this Code. | 18 |
| (9) A term of imprisonment in combination with a term | 19 |
| of probation when the offender has been admitted into a | 20 |
| drug court program under Section 20 of the Drug Court | 21 |
| Treatment Act.
| 22 |
| Neither a fine nor restitution shall be the sole | 23 |
| disposition
for a felony and either or both may be imposed only | 24 |
| in conjunction with
another disposition.
| 25 |
| (c) (1) When a defendant is found guilty of first degree | 26 |
| murder the
State may either seek a sentence of imprisonment | 27 |
| under Section 5-8-1 of
this Code, or where appropriate seek | 28 |
| a sentence of death under Section 9-1
of the Criminal Code | 29 |
| of 1961.
| 30 |
| (2) A period of probation, a term of periodic | 31 |
| imprisonment or
conditional discharge shall not be imposed | 32 |
| for the following offenses.
The court shall sentence the | 33 |
| offender to not less than the minimum term
of imprisonment | 34 |
| set forth in this Code for the following offenses, and
may | 35 |
| order a fine or restitution or both in conjunction with | 36 |
| such term of
imprisonment:
|
|
|
|
HB0495 |
- 7 - |
LRB094 06933 RLC 37048 b |
|
| 1 |
| (A) First degree murder where the death penalty is | 2 |
| not imposed.
| 3 |
| (B) Attempted first degree murder.
| 4 |
| (C) A Class X felony.
| 5 |
| (D) A violation of Section 401.1 or 407 of the
| 6 |
| Illinois Controlled Substances Act, or a violation of | 7 |
| subdivision (c)(1) or
(c)(2) of
Section 401 of that Act | 8 |
| which relates to more than 5 grams of a substance
| 9 |
| containing heroin or cocaine or an analog thereof.
| 10 |
| (E) A violation of Section 5.1 or 9 of the Cannabis | 11 |
| Control
Act.
| 12 |
| (F) A Class 2 or greater felony if the offender had | 13 |
| been convicted
of a Class 2 or greater felony within 10 | 14 |
| years of the date on which the
offender
committed the | 15 |
| offense for which he or she is being sentenced, except | 16 |
| as
otherwise provided in Section 40-10 of the | 17 |
| Alcoholism and Other Drug Abuse and
Dependency Act.
| 18 |
| (G) Residential burglary, except as otherwise | 19 |
| provided in Section 40-10
of the Alcoholism and Other | 20 |
| Drug Abuse and Dependency Act.
| 21 |
| (H) Criminal sexual assault.
| 22 |
| (I) Aggravated battery of a senior citizen.
| 23 |
| (J) A forcible felony if the offense was related to | 24 |
| the activities of an
organized gang.
| 25 |
| Before July 1, 1994, for the purposes of this | 26 |
| paragraph, "organized
gang" means an association of 5 | 27 |
| or more persons, with an established hierarchy,
that | 28 |
| encourages members of the association to perpetrate | 29 |
| crimes or provides
support to the members of the | 30 |
| association who do commit crimes.
| 31 |
| Beginning July 1, 1994, for the purposes of this | 32 |
| paragraph,
"organized gang" has the meaning ascribed | 33 |
| to it in Section 10 of the Illinois
Streetgang | 34 |
| Terrorism Omnibus Prevention Act.
| 35 |
| (K) Vehicular hijacking.
| 36 |
| (L) A second or subsequent conviction for the |
|
|
|
HB0495 |
- 8 - |
LRB094 06933 RLC 37048 b |
|
| 1 |
| offense of hate crime
when the underlying offense upon | 2 |
| which the hate crime is based is felony
aggravated
| 3 |
| assault or felony mob action.
| 4 |
| (M) A second or subsequent conviction for the | 5 |
| offense of institutional
vandalism if the damage to the | 6 |
| property exceeds $300.
| 7 |
| (N) A Class 3 felony violation of paragraph (1) of | 8 |
| subsection (a) of
Section 2 of the Firearm Owners | 9 |
| Identification Card Act.
| 10 |
| (O) A violation of Section 12-6.1 of the Criminal | 11 |
| Code of 1961.
| 12 |
| (P) A violation of paragraph (1), (2), (3), (4), | 13 |
| (5), or (7) of
subsection (a)
of Section 11-20.1 of the | 14 |
| Criminal Code of 1961.
| 15 |
| (Q) A violation of Section 20-1.2 or 20-1.3 of the | 16 |
| Criminal Code of
1961.
| 17 |
| (R) A violation of Section 24-3A of the Criminal | 18 |
| Code of
1961.
| 19 |
| (S) (Blank).
| 20 |
| (T) A second or subsequent violation of paragraph | 21 |
| (6.6) of subsection
(a), subsection (c-5), or | 22 |
| subsection (d-5) of Section 401 of the Illinois
| 23 |
| Controlled Substances Act.
| 24 |
| (3) (Blank).
| 25 |
| (4) A minimum term of imprisonment of not less than 10
| 26 |
| consecutive days or 30 days of community service shall be | 27 |
| imposed for a
violation of paragraph (c) of Section 6-303 | 28 |
| of the Illinois Vehicle Code.
| 29 |
| (4.1) (Blank).
| 30 |
| (4.2) Except as provided in paragraph (4.3) of this | 31 |
| subsection (c), a
minimum of
100 hours of community service | 32 |
| shall be imposed for a second violation of
Section 6-303
of | 33 |
| the Illinois Vehicle Code.
| 34 |
| (4.3) A minimum term of imprisonment of 30 days or 300 | 35 |
| hours of community
service, as determined by the court, | 36 |
| shall
be imposed for a second violation of subsection (c) |
|
|
|
HB0495 |
- 9 - |
LRB094 06933 RLC 37048 b |
|
| 1 |
| of Section 6-303 of the
Illinois Vehicle Code.
| 2 |
| (4.4) Except as provided in paragraph (4.5) and | 3 |
| paragraph (4.6) of this
subsection (c), a
minimum term of | 4 |
| imprisonment of 30 days or 300 hours of community service, | 5 |
| as
determined by the court, shall
be imposed
for a third or | 6 |
| subsequent violation of Section 6-303 of the Illinois | 7 |
| Vehicle
Code.
| 8 |
| (4.5) A minimum term of imprisonment of 30 days
shall | 9 |
| be imposed for a third violation of subsection (c) of
| 10 |
| Section 6-303 of the Illinois Vehicle Code.
| 11 |
| (4.6) A minimum term of imprisonment of 180 days shall | 12 |
| be imposed for a
fourth or subsequent violation of | 13 |
| subsection (c) of Section 6-303 of the
Illinois Vehicle | 14 |
| Code.
| 15 |
| (5) The court may sentence an offender convicted of a | 16 |
| business
offense or a petty offense or a corporation or | 17 |
| unincorporated
association convicted of any offense to:
| 18 |
| (A) a period of conditional discharge;
| 19 |
| (B) a fine;
| 20 |
| (C) make restitution to the victim under Section | 21 |
| 5-5-6 of this Code.
| 22 |
| (5.1) In addition to any penalties imposed under | 23 |
| paragraph (5) of this
subsection (c), and except as | 24 |
| provided in paragraph (5.2) or (5.3), a person
convicted of | 25 |
| violating subsection (c) of Section 11-907 of the Illinois
| 26 |
| Vehicle Code shall have his or her driver's license, | 27 |
| permit, or privileges
suspended for at least 90 days but | 28 |
| not more than one year, if the violation
resulted in damage | 29 |
| to the property of another person.
| 30 |
| (5.2) In addition to any penalties imposed under | 31 |
| paragraph (5) of this
subsection (c), and except as | 32 |
| provided in paragraph (5.3), a person convicted
of | 33 |
| violating subsection (c) of Section 11-907 of the Illinois | 34 |
| Vehicle Code
shall have his or her driver's license, | 35 |
| permit, or privileges suspended for at
least 180 days but | 36 |
| not more than 2 years, if the violation resulted in injury
|
|
|
|
HB0495 |
- 10 - |
LRB094 06933 RLC 37048 b |
|
| 1 |
| to
another person.
| 2 |
| (5.3) In addition to any penalties imposed under | 3 |
| paragraph (5) of
this
subsection (c), a person convicted of | 4 |
| violating subsection (c) of Section
11-907 of the Illinois | 5 |
| Vehicle Code shall have his or her driver's license,
| 6 |
| permit, or privileges suspended for 2 years, if the | 7 |
| violation resulted in the
death of another person.
| 8 |
| (6) In no case shall an offender be eligible for a | 9 |
| disposition of
probation or conditional discharge for a | 10 |
| Class 1 felony committed while
he was serving a term of | 11 |
| probation or conditional discharge for a felony.
| 12 |
| (7) When a defendant is adjudged a habitual criminal | 13 |
| under Article
33B of the Criminal Code of 1961, the court | 14 |
| shall sentence
the defendant to a term of natural life | 15 |
| imprisonment.
| 16 |
| (8) When a defendant, over the age of 21 years, is | 17 |
| convicted of a
Class 1 or Class 2 felony, after having | 18 |
| twice been convicted
in any state or
federal court of an | 19 |
| offense that contains the same elements as an offense now
| 20 |
| classified in Illinois as a Class 2 or greater Class felony
| 21 |
| and such charges are
separately brought and tried and arise | 22 |
| out of different series of acts,
such defendant shall be | 23 |
| sentenced as a Class X offender. This paragraph
shall not | 24 |
| apply unless (1) the first felony was committed after the
| 25 |
| effective date of this amendatory Act of 1977; and (2) the | 26 |
| second felony
was committed after conviction on the first; | 27 |
| and (3) the third felony
was committed after conviction on | 28 |
| the second.
A person sentenced as a Class X offender under | 29 |
| this paragraph is not
eligible to apply for treatment as a | 30 |
| condition of probation as provided by
Section 40-10 of the | 31 |
| Alcoholism and Other Drug Abuse and Dependency Act.
| 32 |
| (9) A defendant convicted of a second or subsequent | 33 |
| offense of ritualized
abuse of a child may be sentenced to | 34 |
| a term of natural life imprisonment.
| 35 |
| (10) (Blank).
| 36 |
| (11) The court shall impose a minimum fine of $1,000 |
|
|
|
HB0495 |
- 11 - |
LRB094 06933 RLC 37048 b |
|
| 1 |
| for a first offense
and $2,000 for a second or subsequent | 2 |
| offense upon a person convicted of or
placed on supervision | 3 |
| for battery when the individual harmed was a sports
| 4 |
| official or coach at any level of competition and the act | 5 |
| causing harm to the
sports
official or coach occurred | 6 |
| within an athletic facility or within the immediate | 7 |
| vicinity
of the athletic facility at which the sports | 8 |
| official or coach was an active
participant
of the athletic | 9 |
| contest held at the athletic facility. For the purposes of
| 10 |
| this paragraph (11), "sports official" means a person at an | 11 |
| athletic contest
who enforces the rules of the contest, | 12 |
| such as an umpire or referee; "athletic facility" means an | 13 |
| indoor or outdoor playing field or recreational area where | 14 |
| sports activities are conducted;
and "coach" means a person | 15 |
| recognized as a coach by the sanctioning
authority that | 16 |
| conducted the sporting event. | 17 |
| (12)
(11) A person may not receive a disposition of | 18 |
| court supervision for a
violation of Section 5-16 of the | 19 |
| Boat Registration and Safety Act if that
person has | 20 |
| previously received a disposition of court supervision for | 21 |
| a
violation of that Section.
| 22 |
| (d) In any case in which a sentence originally imposed is | 23 |
| vacated,
the case shall be remanded to the trial court. The | 24 |
| trial court shall
hold a hearing under Section 5-4-1 of the | 25 |
| Unified Code of Corrections
which may include evidence of the | 26 |
| defendant's life, moral character and
occupation during the | 27 |
| time since the original sentence was passed. The
trial court | 28 |
| shall then impose sentence upon the defendant. The trial
court | 29 |
| may impose any sentence which could have been imposed at the
| 30 |
| original trial subject to Section 5-5-4 of the Unified Code of | 31 |
| Corrections.
If a sentence is vacated on appeal or on | 32 |
| collateral attack due to the
failure of the trier of fact at | 33 |
| trial to determine beyond a reasonable doubt
the
existence of a | 34 |
| fact (other than a prior conviction) necessary to increase the
| 35 |
| punishment for the offense beyond the statutory maximum | 36 |
| otherwise applicable,
either the defendant may be re-sentenced |
|
|
|
HB0495 |
- 12 - |
LRB094 06933 RLC 37048 b |
|
| 1 |
| to a term within the range otherwise
provided or, if the State | 2 |
| files notice of its intention to again seek the
extended | 3 |
| sentence, the defendant shall be afforded a new trial.
| 4 |
| (e) In cases where prosecution for
aggravated criminal | 5 |
| sexual abuse under Section 12-16 of the
Criminal Code of 1961 | 6 |
| results in conviction of a defendant
who was a family member of | 7 |
| the victim at the time of the commission of the
offense, the | 8 |
| court shall consider the safety and welfare of the victim and
| 9 |
| may impose a sentence of probation only where:
| 10 |
| (1) the court finds (A) or (B) or both are appropriate:
| 11 |
| (A) the defendant is willing to undergo a court | 12 |
| approved counseling
program for a minimum duration of 2 | 13 |
| years; or
| 14 |
| (B) the defendant is willing to participate in a | 15 |
| court approved plan
including but not limited to the | 16 |
| defendant's:
| 17 |
| (i) removal from the household;
| 18 |
| (ii) restricted contact with the victim;
| 19 |
| (iii) continued financial support of the | 20 |
| family;
| 21 |
| (iv) restitution for harm done to the victim; | 22 |
| and
| 23 |
| (v) compliance with any other measures that | 24 |
| the court may
deem appropriate; and
| 25 |
| (2) the court orders the defendant to pay for the | 26 |
| victim's counseling
services, to the extent that the court | 27 |
| finds, after considering the
defendant's income and | 28 |
| assets, that the defendant is financially capable of
paying | 29 |
| for such services, if the victim was under 18 years of age | 30 |
| at the
time the offense was committed and requires | 31 |
| counseling as a result of the
offense.
| 32 |
| Probation may be revoked or modified pursuant to Section | 33 |
| 5-6-4; except
where the court determines at the hearing that | 34 |
| the defendant violated a
condition of his or her probation | 35 |
| restricting contact with the victim or
other family members or | 36 |
| commits another offense with the victim or other
family |
|
|
|
HB0495 |
- 13 - |
LRB094 06933 RLC 37048 b |
|
| 1 |
| members, the court shall revoke the defendant's probation and
| 2 |
| impose a term of imprisonment.
| 3 |
| For the purposes of this Section, "family member" and | 4 |
| "victim" shall have
the meanings ascribed to them in Section | 5 |
| 12-12 of the Criminal Code of
1961.
| 6 |
| (f) This Article shall not deprive a court in other | 7 |
| proceedings to
order a forfeiture of property, to suspend or | 8 |
| cancel a license, to
remove a person from office, or to impose | 9 |
| any other civil penalty.
| 10 |
| (g) Whenever a defendant is convicted of an offense under | 11 |
| Sections
11-14, 11-15, 11-15.1, 11-16, 11-17, 11-18, 11-18.1, | 12 |
| 11-19, 11-19.1, 11-19.2,
12-13, 12-14, 12-14.1, 12-15 or 12-16 | 13 |
| of the Criminal Code of 1961,
the defendant shall undergo | 14 |
| medical testing to
determine whether the defendant has any | 15 |
| sexually transmissible disease,
including a test for infection | 16 |
| with human immunodeficiency virus (HIV) or
any other identified | 17 |
| causative agent of acquired immunodeficiency syndrome
(AIDS). | 18 |
| Any such medical test shall be performed only by appropriately
| 19 |
| licensed medical practitioners and may include an analysis of | 20 |
| any bodily
fluids as well as an examination of the defendant's | 21 |
| person.
Except as otherwise provided by law, the results of | 22 |
| such test shall be kept
strictly confidential by all medical | 23 |
| personnel involved in the testing and must
be personally | 24 |
| delivered in a sealed envelope to the judge of the court in | 25 |
| which
the conviction was entered for the judge's inspection in | 26 |
| camera. Acting in
accordance with the best interests of the | 27 |
| victim and the public, the judge
shall have the discretion to | 28 |
| determine to whom, if anyone, the results of the
testing may be | 29 |
| revealed. The court shall notify the defendant
of the test | 30 |
| results. The court shall
also notify the victim if requested by | 31 |
| the victim, and if the victim is under
the age of 15 and if | 32 |
| requested by the victim's parents or legal guardian, the
court | 33 |
| shall notify the victim's parents or legal guardian of the test
| 34 |
| results.
The court shall provide information on the | 35 |
| availability of HIV testing
and counseling at Department of | 36 |
| Public Health facilities to all parties to
whom the results of |
|
|
|
HB0495 |
- 14 - |
LRB094 06933 RLC 37048 b |
|
| 1 |
| the testing are revealed and shall direct the State's
Attorney | 2 |
| to provide the information to the victim when possible.
A | 3 |
| State's Attorney may petition the court to obtain the results | 4 |
| of any HIV test
administered under this Section, and the court | 5 |
| shall grant the disclosure if
the State's Attorney shows it is | 6 |
| relevant in order to prosecute a charge of
criminal | 7 |
| transmission of HIV under Section 12-16.2 of the Criminal Code | 8 |
| of 1961
against the defendant. The court shall order that the | 9 |
| cost of any such test
shall be paid by the county and may be | 10 |
| taxed as costs against the convicted
defendant.
| 11 |
| (g-5) When an inmate is tested for an airborne communicable | 12 |
| disease, as
determined by the Illinois Department of Public | 13 |
| Health including but not
limited to tuberculosis, the results | 14 |
| of the test shall be
personally delivered by the warden or his | 15 |
| or her designee in a sealed envelope
to the judge of the court | 16 |
| in which the inmate must appear for the judge's
inspection in | 17 |
| camera if requested by the judge. Acting in accordance with the
| 18 |
| best interests of those in the courtroom, the judge shall have | 19 |
| the discretion
to determine what if any precautions need to be | 20 |
| taken to prevent transmission
of the disease in the courtroom.
| 21 |
| (h) Whenever a defendant is convicted of an offense under | 22 |
| Section 1 or 2
of the Hypodermic Syringes and Needles Act, the | 23 |
| defendant shall undergo
medical testing to determine whether | 24 |
| the defendant has been exposed to human
immunodeficiency virus | 25 |
| (HIV) or any other identified causative agent of
acquired | 26 |
| immunodeficiency syndrome (AIDS). Except as otherwise provided | 27 |
| by
law, the results of such test shall be kept strictly | 28 |
| confidential by all
medical personnel involved in the testing | 29 |
| and must be personally delivered in a
sealed envelope to the | 30 |
| judge of the court in which the conviction was entered
for the | 31 |
| judge's inspection in camera. Acting in accordance with the | 32 |
| best
interests of the public, the judge shall have the | 33 |
| discretion to determine to
whom, if anyone, the results of the | 34 |
| testing may be revealed. The court shall
notify the defendant | 35 |
| of a positive test showing an infection with the human
| 36 |
| immunodeficiency virus (HIV). The court shall provide |
|
|
|
HB0495 |
- 15 - |
LRB094 06933 RLC 37048 b |
|
| 1 |
| information on the
availability of HIV testing and counseling | 2 |
| at Department of Public Health
facilities to all parties to | 3 |
| whom the results of the testing are revealed and
shall direct | 4 |
| the State's Attorney to provide the information to the victim | 5 |
| when
possible. A State's Attorney may petition the court to | 6 |
| obtain the results of
any HIV test administered under this | 7 |
| Section, and the court shall grant the
disclosure if the | 8 |
| State's Attorney shows it is relevant in order to prosecute a
| 9 |
| charge of criminal transmission of HIV under Section 12-16.2 of | 10 |
| the Criminal
Code of 1961 against the defendant. The court | 11 |
| shall order that the cost of any
such test shall be paid by the | 12 |
| county and may be taxed as costs against the
convicted | 13 |
| defendant.
| 14 |
| (i) All fines and penalties imposed under this Section for | 15 |
| any violation
of Chapters 3, 4, 6, and 11 of the Illinois | 16 |
| Vehicle Code, or a similar
provision of a local ordinance, and | 17 |
| any violation
of the Child Passenger Protection Act, or a | 18 |
| similar provision of a local
ordinance, shall be collected and | 19 |
| disbursed by the circuit
clerk as provided under Section 27.5 | 20 |
| of the Clerks of Courts Act.
| 21 |
| (j) In cases when prosecution for any violation of Section | 22 |
| 11-6, 11-8,
11-9, 11-11, 11-14, 11-15, 11-15.1, 11-16, 11-17, | 23 |
| 11-17.1, 11-18, 11-18.1,
11-19, 11-19.1, 11-19.2, 11-20.1, | 24 |
| 11-21, 12-13, 12-14, 12-14.1, 12-15, or
12-16 of the
Criminal | 25 |
| Code of 1961, any violation of the Illinois Controlled | 26 |
| Substances Act,
or any violation of the Cannabis Control Act | 27 |
| results in conviction, a
disposition of court supervision, or | 28 |
| an order of probation granted under
Section 10 of the Cannabis | 29 |
| Control Act or Section 410 of the Illinois
Controlled Substance | 30 |
| Act of a defendant, the court shall determine whether the
| 31 |
| defendant is employed by a facility or center as defined under | 32 |
| the Child Care
Act of 1969, a public or private elementary or | 33 |
| secondary school, or otherwise
works with children under 18 | 34 |
| years of age on a daily basis. When a defendant
is so employed, | 35 |
| the court shall order the Clerk of the Court to send a copy of
| 36 |
| the judgment of conviction or order of supervision or probation |
|
|
|
HB0495 |
- 16 - |
LRB094 06933 RLC 37048 b |
|
| 1 |
| to the
defendant's employer by certified mail.
If the employer | 2 |
| of the defendant is a school, the Clerk of the Court shall
| 3 |
| direct the mailing of a copy of the judgment of conviction or | 4 |
| order of
supervision or probation to the appropriate regional | 5 |
| superintendent of schools.
The regional superintendent of | 6 |
| schools shall notify the State Board of
Education of any | 7 |
| notification under this subsection.
| 8 |
| (j-5) A defendant at least 17 years of age who is convicted | 9 |
| of a felony and
who has not been previously convicted of a | 10 |
| misdemeanor or felony and who is
sentenced to a term of | 11 |
| imprisonment in the Illinois Department of Corrections
shall as | 12 |
| a condition of his or her sentence be required by the court to | 13 |
| attend
educational courses designed to prepare the defendant | 14 |
| for a high school diploma
and to work toward a high school | 15 |
| diploma or to work toward passing the high
school level Test of | 16 |
| General Educational Development (GED) or to work toward
| 17 |
| completing a vocational training program offered by the | 18 |
| Department of
Corrections. If a defendant fails to complete the | 19 |
| educational training
required by his or her sentence during the | 20 |
| term of incarceration, the Prisoner
Review Board shall, as a | 21 |
| condition of mandatory supervised release, require the
| 22 |
| defendant, at his or her own expense, to pursue a course of | 23 |
| study toward a high
school diploma or passage of the GED test. | 24 |
| The Prisoner Review Board shall
revoke the mandatory supervised | 25 |
| release of a defendant who wilfully fails to
comply with this | 26 |
| subsection (j-5) upon his or her release from confinement in a
| 27 |
| penal institution while serving a mandatory supervised release | 28 |
| term; however,
the inability of the defendant after making a | 29 |
| good faith effort to obtain
financial aid or pay for the | 30 |
| educational training shall not be deemed a wilful
failure to | 31 |
| comply. The Prisoner Review Board shall recommit the defendant
| 32 |
| whose mandatory supervised release term has been revoked under | 33 |
| this subsection
(j-5) as provided in Section 3-3-9. This | 34 |
| subsection (j-5) does not apply to a
defendant who has a high | 35 |
| school diploma or has successfully passed the GED
test. This | 36 |
| subsection (j-5) does not apply to a defendant who is |
|
|
|
HB0495 |
- 17 - |
LRB094 06933 RLC 37048 b |
|
| 1 |
| determined by
the court to be developmentally disabled or | 2 |
| otherwise mentally incapable of
completing the educational or | 3 |
| vocational program.
| 4 |
| (k) A court may not impose a sentence or disposition for a
| 5 |
| felony or misdemeanor that requires the defendant to be | 6 |
| implanted or injected
with or to use any form of birth control.
| 7 |
| (l) (A) Except as provided
in paragraph (C) of subsection | 8 |
| (l), whenever a defendant,
who is an alien as defined by | 9 |
| the Immigration and Nationality Act, is convicted
of any | 10 |
| felony or misdemeanor offense, the court after sentencing | 11 |
| the defendant
may, upon motion of the State's Attorney, | 12 |
| hold sentence in abeyance and remand
the defendant to the | 13 |
| custody of the Attorney General of
the United States or his | 14 |
| or her designated agent to be deported when:
| 15 |
| (1) a final order of deportation has been issued | 16 |
| against the defendant
pursuant to proceedings under | 17 |
| the Immigration and Nationality Act, and
| 18 |
| (2) the deportation of the defendant would not | 19 |
| deprecate the seriousness
of the defendant's conduct | 20 |
| and would not be inconsistent with the ends of
justice.
| 21 |
| Otherwise, the defendant shall be sentenced as | 22 |
| provided in this Chapter V.
| 23 |
| (B) If the defendant has already been sentenced for a | 24 |
| felony or
misdemeanor
offense, or has been placed on | 25 |
| probation under Section 10 of the Cannabis
Control Act or | 26 |
| Section 410 of the Illinois Controlled Substances Act, the | 27 |
| court
may, upon motion of the State's Attorney to suspend | 28 |
| the
sentence imposed, commit the defendant to the custody | 29 |
| of the Attorney General
of the United States or his or her | 30 |
| designated agent when:
| 31 |
| (1) a final order of deportation has been issued | 32 |
| against the defendant
pursuant to proceedings under | 33 |
| the Immigration and Nationality Act, and
| 34 |
| (2) the deportation of the defendant would not | 35 |
| deprecate the seriousness
of the defendant's conduct | 36 |
| and would not be inconsistent with the ends of
justice.
|
|
|
|
HB0495 |
- 18 - |
LRB094 06933 RLC 37048 b |
|
| 1 |
| (C) This subsection (l) does not apply to offenders who | 2 |
| are subject to the
provisions of paragraph (2) of | 3 |
| subsection (a) of Section 3-6-3.
| 4 |
| (D) Upon motion of the State's Attorney, if a defendant | 5 |
| sentenced under
this Section returns to the jurisdiction of | 6 |
| the United States, the defendant
shall be recommitted to | 7 |
| the custody of the county from which he or she was
| 8 |
| sentenced.
Thereafter, the defendant shall be brought | 9 |
| before the sentencing court, which
may impose any sentence | 10 |
| that was available under Section 5-5-3 at the time of
| 11 |
| initial sentencing. In addition, the defendant shall not be | 12 |
| eligible for
additional good conduct credit for | 13 |
| meritorious service as provided under
Section 3-6-6.
| 14 |
| (m) A person convicted of criminal defacement of property | 15 |
| under Section
21-1.3 of the Criminal Code of 1961, in which the | 16 |
| property damage exceeds $300
and the property damaged is a | 17 |
| school building, shall be ordered to perform
community service | 18 |
| that may include cleanup, removal, or painting over the
| 19 |
| defacement.
| 20 |
| (n) The court may sentence a person convicted of a | 21 |
| violation of Section
12-19, 12-21, or 16-1.3 of the Criminal | 22 |
| Code of 1961 (i) to an impact
incarceration program if the | 23 |
| person is otherwise eligible for that program
under Section | 24 |
| 5-8-1.1, (ii) to community service, or (iii) if the person is | 25 |
| an
addict or alcoholic, as defined in the Alcoholism and Other | 26 |
| Drug Abuse and
Dependency Act, to a substance or alcohol abuse | 27 |
| program licensed under that
Act. | 28 |
| (o) A person convicted of an offense that results in injury | 29 |
| to a victim
shall be ordered to pay for the medical and dental | 30 |
| costs incurred by the victim
in seeking treatment for those | 31 |
| injuries inflicted by the person convicted.
| 32 |
| (Source: P.A. 92-183, eff. 7-27-01; 92-248, eff. 8-3-01; | 33 |
| 92-283, eff. 1-1-02; 92-340, eff. 8-10-01; 92-418, eff. | 34 |
| 8-17-01; 92-422, eff. 8-17-01; 92-651, eff. 7-11-02; 92-698, | 35 |
| eff. 7-19-02; 93-44, eff. 7-1-03; 93-156, eff. 1-1-04; 93-169, | 36 |
| eff. 7-10-03; 93-301, eff. 1-1-04; 93-419, eff. 1-1-04; 93-546, |
|
|
|
HB0495 |
- 19 - |
LRB094 06933 RLC 37048 b |
|
| 1 |
| eff. 1-1-04; 93-694, eff. 7-9-04; 93-782, eff. 1-1-05; 93-800, | 2 |
| eff. 1-1-05; 93-1014, eff. 1-1-05; revised 10-25-04.)
|
|