Full Text of HB3390 97th General Assembly
HB3390enr 97TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning 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 Section 5-5-3 as follows:
| 6 | | (730 ILCS 5/5-5-3) (from Ch. 38, par. 1005-5-3)
| 7 | | Sec. 5-5-3. Disposition.
| 8 | | (a) (Blank).
| 9 | | (b) (Blank).
| 10 | | (c) (1) (Blank).
| 11 | | (2) A period of probation, a term of periodic | 12 | | imprisonment or
conditional discharge shall not be imposed | 13 | | for the following offenses.
The court shall sentence the | 14 | | offender to not less than the minimum term
of imprisonment | 15 | | set forth in this Code for the following offenses, and
may | 16 | | order a fine or restitution or both in conjunction with | 17 | | such term of
imprisonment:
| 18 | | (A) First degree murder where the death penalty is | 19 | | not imposed.
| 20 | | (B) Attempted first degree murder.
| 21 | | (C) A Class X felony.
| 22 | | (D) A violation of Section 401.1 or 407 of the
| 23 | | Illinois Controlled Substances Act, or a violation of |
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| 1 | | subdivision (c)(1), (c)(1.5), or
(c)(2) of
Section 401 | 2 | | of that Act which relates to more than 5 grams of a | 3 | | substance
containing heroin, cocaine, fentanyl, or an | 4 | | analog thereof.
| 5 | | (E) A violation of Section 5.1 or 9 of the Cannabis | 6 | | Control
Act.
| 7 | | (F) A Class 2 or greater felony if the offender had | 8 | | been convicted
of a Class 2 or greater felony, | 9 | | including any state or federal conviction for an | 10 | | offense that contained, at the time it was committed, | 11 | | the same elements as an offense now (the date of the | 12 | | offense committed after the prior Class 2 or greater | 13 | | felony) classified as a Class 2 or greater felony, | 14 | | within 10 years of the date on which the
offender
| 15 | | committed the offense for which he or she is being | 16 | | sentenced, except as
otherwise provided in Section | 17 | | 40-10 of the Alcoholism and Other Drug Abuse and
| 18 | | Dependency Act.
| 19 | | (F-5) A violation of Section 24-1, 24-1.1, or | 20 | | 24-1.6 of the Criminal Code of 1961 for which | 21 | | imprisonment is prescribed in those Sections.
| 22 | | (G) Residential burglary, except as otherwise | 23 | | provided in Section 40-10
of the Alcoholism and Other | 24 | | Drug Abuse and Dependency Act.
| 25 | | (H) Criminal sexual assault.
| 26 | | (I) Aggravated battery of a senior citizen.
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| 1 | | (J) A forcible felony if the offense was related to | 2 | | the activities of an
organized gang.
| 3 | | Before July 1, 1994, for the purposes of this | 4 | | paragraph, "organized
gang" means an association of 5 | 5 | | or more persons, with an established hierarchy,
that | 6 | | encourages members of the association to perpetrate | 7 | | crimes or provides
support to the members of the | 8 | | association who do commit crimes.
| 9 | | Beginning July 1, 1994, for the purposes of this | 10 | | paragraph,
"organized gang" has the meaning ascribed | 11 | | to it in Section 10 of the Illinois
Streetgang | 12 | | Terrorism Omnibus Prevention Act.
| 13 | | (K) Vehicular hijacking.
| 14 | | (L) A second or subsequent conviction for the | 15 | | offense of hate crime
when the underlying offense upon | 16 | | which the hate crime is based is felony
aggravated
| 17 | | assault or felony mob action.
| 18 | | (M) A second or subsequent conviction for the | 19 | | offense of institutional
vandalism if the damage to the | 20 | | property exceeds $300.
| 21 | | (N) A Class 3 felony violation of paragraph (1) of | 22 | | subsection (a) of
Section 2 of the Firearm Owners | 23 | | Identification Card Act.
| 24 | | (O) A violation of Section 12-6.1 of the Criminal | 25 | | Code of 1961.
| 26 | | (P) A violation of paragraph (1), (2), (3), (4), |
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| 1 | | (5), or (7) of
subsection (a)
of Section 11-20.1 of the | 2 | | Criminal Code of 1961.
| 3 | | (Q) A violation of Section 20-1.2 or 20-1.3 of the | 4 | | Criminal Code of
1961.
| 5 | | (R) A violation of Section 24-3A of the Criminal | 6 | | Code of
1961.
| 7 | | (S) (Blank).
| 8 | | (T) A second or subsequent violation of the | 9 | | Methamphetamine Control and Community Protection Act.
| 10 | | (U) A second or subsequent violation of Section | 11 | | 6-303 of the Illinois Vehicle Code committed while his | 12 | | or her driver's license, permit, or privilege was | 13 | | revoked because of a violation of Section 9-3 of the | 14 | | Criminal Code of 1961, relating to the offense of | 15 | | reckless homicide, or a similar provision of a law of | 16 | | another state.
| 17 | | (V)
A violation of paragraph (4) of subsection (c) | 18 | | of Section 11-20.3 of the Criminal Code of 1961. | 19 | | (W) A violation of Section 24-3.5 of the Criminal | 20 | | Code of 1961.
| 21 | | (X) A violation of subsection (a) of Section 31-1a | 22 | | of the Criminal Code of 1961. | 23 | | (Y) A conviction for unlawful possession of a | 24 | | firearm by a street gang member when the firearm was | 25 | | loaded or contained firearm ammunition. | 26 | | (Z) A Class 1 felony committed while he or she was |
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| 1 | | serving a term of probation or conditional discharge | 2 | | for a felony. | 3 | | (AA) Theft of property exceeding $500,000 and not | 4 | | exceeding $1,000,000 in value. | 5 | | (BB) Laundering of criminally derived property of | 6 | | a value exceeding
$500,000. | 7 | | (CC) Knowingly selling, offering for sale, holding | 8 | | for sale, or using 2,000 or more counterfeit items or | 9 | | counterfeit items having a retail value in the | 10 | | aggregate of $500,000 or more. | 11 | | (DD) A conviction for aggravated assault under | 12 | | paragraph (6) of subsection (c) of Section 12-2 of the | 13 | | Criminal Code of 1961 if the firearm is aimed toward | 14 | | the person against whom the firearm is being used.
| 15 | | (3) (Blank).
| 16 | | (4) A minimum term of imprisonment of not less than 10
| 17 | | consecutive days or 30 days of community service shall be | 18 | | imposed for a
violation of paragraph (c) of Section 6-303 | 19 | | of the Illinois Vehicle Code.
| 20 | | (4.1) (Blank).
| 21 | | (4.2) Except as provided in paragraphs (4.3) and (4.8) | 22 | | of this subsection (c), a
minimum of
100 hours of community | 23 | | service shall be imposed for a second violation of
Section | 24 | | 6-303
of the Illinois Vehicle Code.
| 25 | | (4.3) A minimum term of imprisonment of 30 days or 300 | 26 | | hours of community
service, as determined by the court, |
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| 1 | | shall
be imposed for a second violation of subsection (c) | 2 | | of Section 6-303 of the
Illinois Vehicle Code.
| 3 | | (4.4) Except as provided in paragraphs
(4.5), (4.6), | 4 | | and (4.9) of this
subsection (c), a
minimum term of | 5 | | imprisonment of 30 days or 300 hours of community service, | 6 | | as
determined by the court, shall
be imposed
for a third or | 7 | | subsequent violation of Section 6-303 of the Illinois | 8 | | Vehicle
Code.
| 9 | | (4.5) A minimum term of imprisonment of 30 days
shall | 10 | | be imposed for a third violation of subsection (c) of
| 11 | | Section 6-303 of the Illinois Vehicle Code.
| 12 | | (4.6) Except as provided in paragraph (4.10) of this | 13 | | subsection (c), a minimum term of imprisonment of 180 days | 14 | | shall be imposed for a
fourth or subsequent violation of | 15 | | subsection (c) of Section 6-303 of the
Illinois Vehicle | 16 | | Code.
| 17 | | (4.7) A minimum term of imprisonment of not less than | 18 | | 30 consecutive days, or 300 hours of community service, | 19 | | shall be imposed for a violation of subsection (a-5) of | 20 | | Section 6-303 of the Illinois Vehicle Code, as provided in | 21 | | subsection (b-5) of that Section.
| 22 | | (4.8) A mandatory prison sentence shall be imposed for | 23 | | a second violation of subsection (a-5) of Section 6-303 of | 24 | | the Illinois Vehicle Code, as provided in subsection (c-5) | 25 | | of that Section. The person's driving privileges shall be | 26 | | revoked for a period of not less than 5 years from the date |
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| 1 | | of his or her release from prison.
| 2 | | (4.9) A mandatory prison sentence of not less than 4 | 3 | | and not more than 15 years shall be imposed for a third | 4 | | violation of subsection (a-5) of Section 6-303 of the | 5 | | Illinois Vehicle Code, as provided in subsection (d-2.5) of | 6 | | that Section. The person's driving privileges shall be | 7 | | revoked for the remainder of his or her life.
| 8 | | (4.10) A mandatory prison sentence for a Class 1 felony | 9 | | shall be imposed, and the person shall be eligible for an | 10 | | extended term sentence, for a fourth or subsequent | 11 | | violation of subsection (a-5) of Section 6-303 of the | 12 | | Illinois Vehicle Code, as provided in subsection (d-3.5) of | 13 | | that Section. The person's driving privileges shall be | 14 | | revoked for the remainder of his or her life.
| 15 | | (5) The court may sentence a corporation or | 16 | | unincorporated
association convicted of any offense to:
| 17 | | (A) a period of conditional discharge;
| 18 | | (B) a fine;
| 19 | | (C) make restitution to the victim under Section | 20 | | 5-5-6 of this Code.
| 21 | | (5.1) In addition to any other penalties imposed, and | 22 | | except as provided in paragraph (5.2) or (5.3), a person
| 23 | | convicted of violating subsection (c) of Section 11-907 of | 24 | | the Illinois
Vehicle Code shall have his or her driver's | 25 | | license, permit, or privileges
suspended for at least 90 | 26 | | days but not more than one year, if the violation
resulted |
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| 1 | | in damage to the property of another person.
| 2 | | (5.2) In addition to any other penalties imposed, and | 3 | | except as provided in paragraph (5.3), a person convicted
| 4 | | of violating subsection (c) of Section 11-907 of the | 5 | | Illinois Vehicle Code
shall have his or her driver's | 6 | | license, permit, or privileges suspended for at
least 180 | 7 | | days but not more than 2 years, if the violation resulted | 8 | | in injury
to
another person.
| 9 | | (5.3) In addition to any other penalties imposed, a | 10 | | person convicted of violating subsection (c) of Section
| 11 | | 11-907 of the Illinois Vehicle Code shall have his or her | 12 | | driver's license,
permit, or privileges suspended for 2 | 13 | | years, if the violation resulted in the
death of another | 14 | | person.
| 15 | | (5.4) In addition to any other penalties imposed, a | 16 | | person convicted of violating Section 3-707 of the Illinois | 17 | | Vehicle Code shall have his or her driver's license, | 18 | | permit, or privileges suspended for 3 months and until he | 19 | | or she has paid a reinstatement fee of $100. | 20 | | (5.5) In addition to any other penalties imposed, a | 21 | | person convicted of violating Section 3-707 of the Illinois | 22 | | Vehicle Code during a period in which his or her driver's | 23 | | license, permit, or privileges were suspended for a | 24 | | previous violation of that Section shall have his or her | 25 | | driver's license, permit, or privileges suspended for an | 26 | | additional 6 months after the expiration of the original |
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| 1 | | 3-month suspension and until he or she has paid a | 2 | | reinstatement fee of $100.
| 3 | | (6) (Blank).
| 4 | | (7) (Blank).
| 5 | | (8) (Blank).
| 6 | | (9) A defendant convicted of a second or subsequent | 7 | | offense of ritualized
abuse of a child may be sentenced to | 8 | | a term of natural life imprisonment.
| 9 | | (10) (Blank).
| 10 | | (11) The court shall impose a minimum fine of $1,000 | 11 | | for a first offense
and $2,000 for a second or subsequent | 12 | | offense upon a person convicted of or
placed on supervision | 13 | | for battery when the individual harmed was a sports
| 14 | | official or coach at any level of competition and the act | 15 | | causing harm to the
sports
official or coach occurred | 16 | | within an athletic facility or within the immediate | 17 | | vicinity
of the athletic facility at which the sports | 18 | | official or coach was an active
participant
of the athletic | 19 | | contest held at the athletic facility. For the purposes of
| 20 | | this paragraph (11), "sports official" means a person at an | 21 | | athletic contest
who enforces the rules of the contest, | 22 | | such as an umpire or referee; "athletic facility" means an | 23 | | indoor or outdoor playing field or recreational area where | 24 | | sports activities are conducted;
and "coach" means a person | 25 | | recognized as a coach by the sanctioning
authority that | 26 | | conducted the sporting event. |
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| 1 | | (12) A person may not receive a disposition of court | 2 | | supervision for a
violation of Section 5-16 of the Boat | 3 | | Registration and Safety Act if that
person has previously | 4 | | received a disposition of court supervision for a
violation | 5 | | of that Section.
| 6 | | (13) A person convicted of or placed on court | 7 | | supervision for an assault or aggravated assault when the | 8 | | victim and the offender are family or household members as | 9 | | defined in Section 103 of the Illinois Domestic Violence | 10 | | Act of 1986 or convicted of domestic battery or aggravated | 11 | | domestic battery may be required to attend a Partner Abuse | 12 | | Intervention Program under protocols set forth by the | 13 | | Illinois Department of Human Services under such terms and | 14 | | conditions imposed by the court. The costs of such classes | 15 | | shall be paid by the offender.
| 16 | | (d) In any case in which a sentence originally imposed is | 17 | | vacated,
the case shall be remanded to the trial court. The | 18 | | trial court shall
hold a hearing under Section 5-4-1 of the | 19 | | Unified Code of Corrections
which may include evidence of the | 20 | | defendant's life, moral character and
occupation during the | 21 | | time since the original sentence was passed. The
trial court | 22 | | shall then impose sentence upon the defendant. The trial
court | 23 | | may impose any sentence which could have been imposed at the
| 24 | | original trial subject to Section 5-5-4 of the Unified Code of | 25 | | Corrections.
If a sentence is vacated on appeal or on | 26 | | collateral attack due to the
failure of the trier of fact at |
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| 1 | | trial to determine beyond a reasonable doubt
the
existence of a | 2 | | fact (other than a prior conviction) necessary to increase the
| 3 | | punishment for the offense beyond the statutory maximum | 4 | | otherwise applicable,
either the defendant may be re-sentenced | 5 | | to a term within the range otherwise
provided or, if the State | 6 | | files notice of its intention to again seek the
extended | 7 | | sentence, the defendant shall be afforded a new trial.
| 8 | | (e) In cases where prosecution for
aggravated criminal | 9 | | sexual abuse under Section 12-16 of the
Criminal Code of 1961 | 10 | | results in conviction of a defendant
who was a family member of | 11 | | the victim at the time of the commission of the
offense, the | 12 | | court shall consider the safety and welfare of the victim and
| 13 | | may impose a sentence of probation only where:
| 14 | | (1) the court finds (A) or (B) or both are appropriate:
| 15 | | (A) the defendant is willing to undergo a court | 16 | | approved counseling
program for a minimum duration of 2 | 17 | | years; or
| 18 | | (B) the defendant is willing to participate in a | 19 | | court approved plan
including but not limited to the | 20 | | defendant's:
| 21 | | (i) removal from the household;
| 22 | | (ii) restricted contact with the victim;
| 23 | | (iii) continued financial support of the | 24 | | family;
| 25 | | (iv) restitution for harm done to the victim; | 26 | | and
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| 1 | | (v) compliance with any other measures that | 2 | | the court may
deem appropriate; and
| 3 | | (2) the court orders the defendant to pay for the | 4 | | victim's counseling
services, to the extent that the court | 5 | | finds, after considering the
defendant's income and | 6 | | assets, that the defendant is financially capable of
paying | 7 | | for such services, if the victim was under 18 years of age | 8 | | at the
time the offense was committed and requires | 9 | | counseling as a result of the
offense.
| 10 | | Probation may be revoked or modified pursuant to Section | 11 | | 5-6-4; except
where the court determines at the hearing that | 12 | | the defendant violated a
condition of his or her probation | 13 | | restricting contact with the victim or
other family members or | 14 | | commits another offense with the victim or other
family | 15 | | members, the court shall revoke the defendant's probation and
| 16 | | impose a term of imprisonment.
| 17 | | For the purposes of this Section, "family member" and | 18 | | "victim" shall have
the meanings ascribed to them in Section | 19 | | 12-12 of the Criminal Code of
1961.
| 20 | | (f) (Blank).
| 21 | | (g) Whenever a defendant is convicted of an offense under | 22 | | Sections
11-14, 11-15, 11-15.1, 11-16, 11-17, 11-18, 11-18.1, | 23 | | 11-19, 11-19.1, 11-19.2,
12-13, 12-14, 12-14.1, 12-15 or 12-16 | 24 | | of the Criminal Code of 1961,
the defendant shall undergo | 25 | | medical testing to
determine whether the defendant has any | 26 | | sexually transmissible disease,
including a test for infection |
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| 1 | | with human immunodeficiency virus (HIV) or
any other identified | 2 | | causative agent of acquired immunodeficiency syndrome
(AIDS). | 3 | | Any such medical test shall be performed only by appropriately
| 4 | | licensed medical practitioners and may include an analysis of | 5 | | any bodily
fluids as well as an examination of the defendant's | 6 | | person.
Except as otherwise provided by law, the results of | 7 | | such test shall be kept
strictly confidential by all medical | 8 | | personnel involved in the testing and must
be personally | 9 | | delivered in a sealed envelope to the judge of the court in | 10 | | which
the conviction was entered for the judge's inspection in | 11 | | camera. Acting in
accordance with the best interests of the | 12 | | victim and the public, the judge
shall have the discretion to | 13 | | determine to whom, if anyone, the results of the
testing may be | 14 | | revealed. The court shall notify the defendant
of the test | 15 | | results. The court shall
also notify the victim if requested by | 16 | | the victim, and if the victim is under
the age of 15 and if | 17 | | requested by the victim's parents or legal guardian, the
court | 18 | | shall notify the victim's parents or legal guardian of the test
| 19 | | results.
The court shall provide information on the | 20 | | availability of HIV testing
and counseling at Department of | 21 | | Public Health facilities to all parties to
whom the results of | 22 | | the testing are revealed and shall direct the State's
Attorney | 23 | | to provide the information to the victim when possible.
A | 24 | | State's Attorney may petition the court to obtain the results | 25 | | of any HIV test
administered under this Section, and the court | 26 | | shall grant the disclosure if
the State's Attorney shows it is |
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| 1 | | relevant in order to prosecute a charge of
criminal | 2 | | transmission of HIV under Section 12-16.2 of the Criminal Code | 3 | | of 1961
against the defendant. The court shall order that the | 4 | | cost of any such test
shall be paid by the county and may be | 5 | | taxed as costs against the convicted
defendant.
| 6 | | (g-5) When an inmate is tested for an airborne communicable | 7 | | disease, as
determined by the Illinois Department of Public | 8 | | Health including but not
limited to tuberculosis, the results | 9 | | of the test shall be
personally delivered by the warden or his | 10 | | or her designee in a sealed envelope
to the judge of the court | 11 | | in which the inmate must appear for the judge's
inspection in | 12 | | camera if requested by the judge. Acting in accordance with the
| 13 | | best interests of those in the courtroom, the judge shall have | 14 | | the discretion
to determine what if any precautions need to be | 15 | | taken to prevent transmission
of the disease in the courtroom.
| 16 | | (h) Whenever a defendant is convicted of an offense under | 17 | | Section 1 or 2
of the Hypodermic Syringes and Needles Act, the | 18 | | defendant shall undergo
medical testing to determine whether | 19 | | the defendant has been exposed to human
immunodeficiency virus | 20 | | (HIV) or any other identified causative agent of
acquired | 21 | | immunodeficiency syndrome (AIDS). Except as otherwise provided | 22 | | by
law, the results of such test shall be kept strictly | 23 | | confidential by all
medical personnel involved in the testing | 24 | | and must be personally delivered in a
sealed envelope to the | 25 | | judge of the court in which the conviction was entered
for the | 26 | | judge's inspection in camera. Acting in accordance with the |
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| 1 | | best
interests of the public, the judge shall have the | 2 | | discretion to determine to
whom, if anyone, the results of the | 3 | | testing may be revealed. The court shall
notify the defendant | 4 | | of a positive test showing an infection with the human
| 5 | | immunodeficiency virus (HIV). The court shall provide | 6 | | information on the
availability of HIV testing and counseling | 7 | | at Department of Public Health
facilities to all parties to | 8 | | whom the results of the testing are revealed and
shall direct | 9 | | the State's Attorney to provide the information to the victim | 10 | | when
possible. A State's Attorney may petition the court to | 11 | | obtain the results of
any HIV test administered under this | 12 | | Section, and the court shall grant the
disclosure if the | 13 | | State's Attorney shows it is relevant in order to prosecute a
| 14 | | charge of criminal transmission of HIV under Section 12-16.2 of | 15 | | the Criminal
Code of 1961 against the defendant. The court | 16 | | shall order that the cost of any
such test shall be paid by the | 17 | | county and may be taxed as costs against the
convicted | 18 | | defendant.
| 19 | | (i) All fines and penalties imposed under this Section for | 20 | | any violation
of Chapters 3, 4, 6, and 11 of the Illinois | 21 | | Vehicle Code, or a similar
provision of a local ordinance, and | 22 | | any violation
of the Child Passenger Protection Act, or a | 23 | | similar provision of a local
ordinance, shall be collected and | 24 | | disbursed by the circuit
clerk as provided under Section 27.5 | 25 | | of the Clerks of Courts Act.
| 26 | | (j) In cases when prosecution for any violation of Section |
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| 1 | | 11-6, 11-8,
11-9, 11-11, 11-14, 11-15, 11-15.1, 11-16, 11-17, | 2 | | 11-17.1, 11-18, 11-18.1,
11-19, 11-19.1, 11-19.2, 11-20.1, | 3 | | 11-21, 12-13, 12-14, 12-14.1, 12-15, or
12-16 of the
Criminal | 4 | | Code of 1961, any violation of the Illinois Controlled | 5 | | Substances Act,
any violation of the Cannabis Control Act, or | 6 | | any violation of the Methamphetamine Control and Community | 7 | | Protection Act results in conviction, a
disposition of court | 8 | | supervision, or an order of probation granted under
Section 10 | 9 | | of the Cannabis Control Act, Section 410 of the Illinois
| 10 | | Controlled Substance Act, or Section 70 of the Methamphetamine | 11 | | Control and Community Protection Act of a defendant, the court | 12 | | shall determine whether the
defendant is employed by a facility | 13 | | or center as defined under the Child Care
Act of 1969, a public | 14 | | or private elementary or secondary school, or otherwise
works | 15 | | with children under 18 years of age on a daily basis. When a | 16 | | defendant
is so employed, the court shall order the Clerk of | 17 | | the Court to send a copy of
the judgment of conviction or order | 18 | | of supervision or probation to the
defendant's employer by | 19 | | certified mail.
If the employer of the defendant is a school, | 20 | | the Clerk of the Court shall
direct the mailing of a copy of | 21 | | the judgment of conviction or order of
supervision or probation | 22 | | to the appropriate regional superintendent of schools.
The | 23 | | regional superintendent of schools shall notify the State Board | 24 | | of
Education of any notification under this subsection.
| 25 | | (j-5) A defendant at least 17 years of age who is convicted | 26 | | of a felony and
who has not been previously convicted of a |
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| 1 | | misdemeanor or felony and who is
sentenced to a term of | 2 | | imprisonment in the Illinois Department of Corrections
shall as | 3 | | a condition of his or her sentence be required by the court to | 4 | | attend
educational courses designed to prepare the defendant | 5 | | for a high school diploma
and to work toward a high school | 6 | | diploma or to work toward passing the high
school level Test of | 7 | | General Educational Development (GED) or to work toward
| 8 | | completing a vocational training program offered by the | 9 | | Department of
Corrections. If a defendant fails to complete the | 10 | | educational training
required by his or her sentence during the | 11 | | term of incarceration, the Prisoner
Review Board shall, as a | 12 | | condition of mandatory supervised release, require the
| 13 | | defendant, at his or her own expense, to pursue a course of | 14 | | study toward a high
school diploma or passage of the GED test. | 15 | | The Prisoner Review Board shall
revoke the mandatory supervised | 16 | | release of a defendant who wilfully fails to
comply with this | 17 | | subsection (j-5) upon his or her release from confinement in a
| 18 | | penal institution while serving a mandatory supervised release | 19 | | term; however,
the inability of the defendant after making a | 20 | | good faith effort to obtain
financial aid or pay for the | 21 | | educational training shall not be deemed a wilful
failure to | 22 | | comply. The Prisoner Review Board shall recommit the defendant
| 23 | | whose mandatory supervised release term has been revoked under | 24 | | this subsection
(j-5) as provided in Section 3-3-9. This | 25 | | subsection (j-5) does not apply to a
defendant who has a high | 26 | | school diploma or has successfully passed the GED
test. This |
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| 1 | | subsection (j-5) does not apply to a defendant who is | 2 | | determined by
the court to be developmentally disabled or | 3 | | otherwise mentally incapable of
completing the educational or | 4 | | vocational program.
| 5 | | (k) (Blank).
| 6 | | (l) (A) Except as provided
in paragraph (C) of subsection | 7 | | (l), whenever a defendant,
who is an alien as defined by | 8 | | the Immigration and Nationality Act, is convicted
of any | 9 | | felony or misdemeanor offense, the court after sentencing | 10 | | the defendant
may, upon motion of the State's Attorney, | 11 | | hold sentence in abeyance and remand
the defendant to the | 12 | | custody of the Attorney General of
the United States or his | 13 | | or her designated agent to be deported when:
| 14 | | (1) a final order of deportation has been issued | 15 | | against the defendant
pursuant to proceedings under | 16 | | the Immigration and Nationality Act, and
| 17 | | (2) the deportation of the defendant would not | 18 | | deprecate the seriousness
of the defendant's conduct | 19 | | and would not be inconsistent with the ends of
justice.
| 20 | | Otherwise, the defendant shall be sentenced as | 21 | | provided in this Chapter V.
| 22 | | (B) If the defendant has already been sentenced for a | 23 | | felony or
misdemeanor
offense, or has been placed on | 24 | | probation under Section 10 of the Cannabis
Control Act,
| 25 | | Section 410 of the Illinois Controlled Substances Act, or | 26 | | Section 70 of the Methamphetamine Control and Community |
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| 1 | | Protection Act, the court
may, upon motion of the State's | 2 | | Attorney to suspend the
sentence imposed, commit the | 3 | | defendant to the custody of the Attorney General
of the | 4 | | United States or his or her designated agent when:
| 5 | | (1) a final order of deportation has been issued | 6 | | against the defendant
pursuant to proceedings under | 7 | | the Immigration and Nationality Act, and
| 8 | | (2) the deportation of the defendant would not | 9 | | deprecate the seriousness
of the defendant's conduct | 10 | | and would not be inconsistent with the ends of
justice.
| 11 | | (C) This subsection (l) does not apply to offenders who | 12 | | are subject to the
provisions of paragraph (2) of | 13 | | subsection (a) of Section 3-6-3.
| 14 | | (D) Upon motion of the State's Attorney, if a defendant | 15 | | sentenced under
this Section returns to the jurisdiction of | 16 | | the United States, the defendant
shall be recommitted to | 17 | | the custody of the county from which he or she was
| 18 | | sentenced.
Thereafter, the defendant shall be brought | 19 | | before the sentencing court, which
may impose any sentence | 20 | | that was available under Section 5-5-3 at the time of
| 21 | | initial sentencing. In addition, the defendant shall not be | 22 | | eligible for
additional good conduct credit for | 23 | | meritorious service as provided under
Section 3-6-6.
| 24 | | (m) A person convicted of criminal defacement of property | 25 | | under Section
21-1.3 of the Criminal Code of 1961, in which the | 26 | | property damage exceeds $300
and the property damaged is a |
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| 1 | | school building, shall be ordered to perform
community service | 2 | | that may include cleanup, removal, or painting over the
| 3 | | defacement.
| 4 | | (n) The court may sentence a person convicted of a | 5 | | violation of Section
12-19, 12-21, or 16-1.3 of the Criminal | 6 | | Code of 1961 (i) to an impact
incarceration program if the | 7 | | person is otherwise eligible for that program
under Section | 8 | | 5-8-1.1, (ii) to community service, or (iii) if the person is | 9 | | an
addict or alcoholic, as defined in the Alcoholism and Other | 10 | | Drug Abuse and
Dependency Act, to a substance or alcohol abuse | 11 | | program licensed under that
Act. | 12 | | (o) Whenever a person is convicted of a sex offense as | 13 | | defined in Section 2 of the Sex Offender Registration Act, the | 14 | | defendant's driver's license or permit shall be subject to | 15 | | renewal on an annual basis in accordance with the provisions of | 16 | | license renewal established by the Secretary of State.
| 17 | | (Source: P.A. 95-188, eff. 8-16-07; 95-259, eff. 8-17-07; | 18 | | 95-331, eff. 8-21-07; 95-377, eff. 1-1-08; 95-579, eff. 6-1-08; | 19 | | 95-876, eff. 8-21-08; 95-882, eff. 1-1-09; 95-1052, eff. | 20 | | 7-1-09; 96-348, eff. 8-12-09; 96-400, eff. 8-13-09; 96-829, | 21 | | eff. 12-3-09; 96-1200, eff. 7-22-10.)
| 22 | | Section 99. Effective date. This Act takes effect July 1, | 23 | | 2011.
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