Full Text of HB4124 096th General Assembly
HB4124enr 96TH GENERAL ASSEMBLY
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| AN ACT concerning criminal law.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Criminal Code of 1961 is amended by changing | 5 |
| Section 24-1.6 and by adding Section 24-1.8 as follows:
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| (720 ILCS 5/24-1.6)
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| Sec. 24-1.6. Aggravated unlawful use of a weapon.
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| (a) A person commits the offense of aggravated unlawful use | 9 |
| of a weapon when
he or she knowingly:
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| (1) Carries on or about his or her person or in any | 11 |
| vehicle or concealed
on or about his or her person except | 12 |
| when on his or her land or in his or her
abode, legal | 13 |
| dwelling, or fixed place of business, or on the land or in | 14 |
| the legal dwelling of another person as an invitee with | 15 |
| that person's permission, any pistol, revolver, stun gun or | 16 |
| taser or
other firearm; or
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| (2) Carries or possesses on or about his or her person, | 18 |
| upon any public
street, alley, or other public lands within | 19 |
| the corporate limits of a city,
village or incorporated | 20 |
| town, except when an invitee thereon or therein, for
the | 21 |
| purpose of the display of such weapon or the lawful | 22 |
| commerce in weapons, or
except when on his or her own land | 23 |
| or in his or her own abode, legal dwelling, or fixed place |
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| of
business, or on the land or in the legal dwelling of | 2 |
| another person as an invitee with that person's permission, | 3 |
| any pistol, revolver, stun gun or taser or other firearm; | 4 |
| and
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| (3) One of the following factors is present:
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| (A) the firearm possessed was uncased, loaded and | 7 |
| immediately accessible
at the time of the offense; or
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| (B) the firearm possessed was uncased, unloaded | 9 |
| and the ammunition for
the weapon was immediately | 10 |
| accessible at the time of the offense; or
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| (C) the person possessing the firearm has not been | 12 |
| issued a currently
valid Firearm Owner's | 13 |
| Identification Card; or
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| (D) the person possessing the weapon was | 15 |
| previously adjudicated
a delinquent minor under the | 16 |
| Juvenile Court Act of 1987 for an act that if
committed | 17 |
| by an adult would be a felony; or
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| (E) the person possessing the weapon was engaged in | 19 |
| a misdemeanor
violation of the Cannabis
Control Act, in | 20 |
| a misdemeanor violation of the Illinois Controlled | 21 |
| Substances
Act, or in a misdemeanor violation of the | 22 |
| Methamphetamine Control and Community Protection Act; | 23 |
| or
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| (F) (blank) the person possessing the weapon is a | 25 |
| member of a
street gang or is engaged in street gang | 26 |
| related activity, as defined in
Section 10 of the |
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| Illinois Streetgang Terrorism Omnibus Prevention Act ; | 2 |
| or
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| (G) the person possessing the weapon had a order of | 4 |
| protection issued
against him or her within the | 5 |
| previous 2 years; or
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| (H) the person possessing the weapon was engaged in | 7 |
| the commission or
attempted commission of
a | 8 |
| misdemeanor involving the use or threat of violence | 9 |
| against
the person or property of another; or
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| (I) the person possessing the weapon was under 21 | 11 |
| years of age and in
possession of a handgun as defined | 12 |
| in Section 24-3, unless the person under 21
is engaged | 13 |
| in lawful activities under the Wildlife Code or | 14 |
| described in
subsection 24-2(b)(1), (b)(3), or | 15 |
| 24-2(f).
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| (b) "Stun gun or taser" as used in this Section has the | 17 |
| same definition
given to it in Section 24-1 of this Code.
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| (c) This Section does not apply to or affect the | 19 |
| transportation or
possession
of weapons that:
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| (i) are broken down in a non-functioning state; or
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| (ii) are not immediately accessible; or
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| (iii) are unloaded and enclosed in a case, firearm | 23 |
| carrying box,
shipping box, or other container by a | 24 |
| person who has been issued a currently
valid Firearm | 25 |
| Owner's
Identification Card.
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| (d) Sentence. Aggravated unlawful use of a weapon is a |
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| Class 4 felony;
a second or subsequent offense is a Class 2 | 2 |
| felony for which the person shall be sentenced to a term of | 3 |
| imprisonment of not less than 3 years and not more than 7 | 4 |
| years. Aggravated unlawful use of
a weapon by a person who has | 5 |
| been previously
convicted of a felony in this State or another | 6 |
| jurisdiction is a Class 2
felony for which the person shall be | 7 |
| sentenced to a term of imprisonment of not less than 3 years | 8 |
| and not more than 7 years. Aggravated unlawful use of a weapon | 9 |
| while wearing or in possession of body armor as defined in | 10 |
| Section 33F-1 by a person who has not been issued a valid | 11 |
| Firearms Owner's Identification Card in accordance with | 12 |
| Section 5 of the Firearm Owners Identification Card Act is a | 13 |
| Class X felony.
The possession of each firearm in violation of | 14 |
| this Section constitutes a single and separate violation.
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| (Source: P.A. 95-331, eff. 8-21-07; 96-742, eff. 8-25-09.)
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| (720 ILCS 5/24-1.8 new) | 17 |
| Sec. 24-1.8. Unlawful possession of a firearm by a street | 18 |
| gang member. | 19 |
| (a) A person
commits unlawful possession of a firearm by a | 20 |
| street gang member when he or she knowingly: | 21 |
| (1) possesses, carries, or conceals on or about his or | 22 |
| her person a firearm and firearm ammunition while on any | 23 |
| street, road, alley, gangway, sidewalk, or any other lands, | 24 |
| except when inside his or her own abode or inside his or | 25 |
| her fixed place of business, and has not been issued a |
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| currently valid Firearm Owner's Identification Card and is | 2 |
| a member of a street gang; or | 3 |
| (2) possesses or carries in any vehicle a firearm and | 4 |
| firearm ammunition which are both immediately accessible | 5 |
| at the time of the offense while on any street, road, | 6 |
| alley, or any other lands, except when inside his or her | 7 |
| own abode or garage, and has not been issued a currently | 8 |
| valid Firearm Owner's Identification Card and is a member | 9 |
| of a street gang. | 10 |
| (b) Unlawful possession of a firearm by a street gang | 11 |
| member is a Class 2 felony for which the person, if sentenced | 12 |
| to a term of imprisonment, shall be sentenced to no less than 3 | 13 |
| years and no more than 10 years. A period of probation, a term | 14 |
| of periodic imprisonment or conditional discharge shall not be | 15 |
| imposed for the offense of unlawful possession of a firearm by | 16 |
| a street gang member when the firearm was loaded or contained | 17 |
| firearm ammunition and the court shall sentence the offender to | 18 |
| not less than the minimum term of imprisonment authorized for | 19 |
| the Class 2 felony. | 20 |
| (c) For purposes of this Section: | 21 |
| "Street gang" or "gang" has the meaning ascribed to it | 22 |
| in Section 10 of the Illinois Streetgang Terrorism Omnibus | 23 |
| Prevention Act. | 24 |
| "Street gang member" or "gang member" has the meaning | 25 |
| ascribed to it in Section 10 of the Illinois Streetgang | 26 |
| Terrorism Omnibus Prevention Act. |
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| Section 10. The Unified Code of Corrections is amended by | 2 |
| changing Section 5-5-3 as follows:
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| (730 ILCS 5/5-5-3) (from Ch. 38, par. 1005-5-3)
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| Sec. 5-5-3. Disposition.
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| (a) (Blank . ) .
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| (b) (Blank . ) .
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| (10) If the defendant is convicted of arson, | 8 |
| aggravated arson, residential arson, or place of worship | 9 |
| arson, an order directing the offender to reimburse the | 10 |
| local emergency response department for the costs of | 11 |
| responding to the fire that the offender was convicted of | 12 |
| setting in accordance with the Emergency Services Response | 13 |
| Reimbursement for Criminal Convictions Act.
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| (c) (1) (Blank . ) .
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| (2) A period of probation, a term of periodic | 16 |
| imprisonment or
conditional discharge shall not be imposed | 17 |
| for the following offenses.
The court shall sentence the | 18 |
| offender to not less than the minimum term
of imprisonment | 19 |
| set forth in this Code for the following offenses, and
may | 20 |
| order a fine or restitution or both in conjunction with | 21 |
| such term of
imprisonment:
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| (A) First degree murder where the death penalty is | 23 |
| not imposed.
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| (B) Attempted first degree murder.
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| (C) A Class X felony.
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| (D) A violation of Section 401.1 or 407 of the
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| Illinois Controlled Substances Act, or a violation of | 4 |
| subdivision (c)(1), (c)(1.5), or
(c)(2) of
Section 401 | 5 |
| of that Act which relates to more than 5 grams of a | 6 |
| substance
containing heroin, cocaine, fentanyl, or an | 7 |
| analog thereof.
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| (E) A violation of Section 5.1 or 9 of the Cannabis | 9 |
| Control
Act.
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| (F) A Class 2 or greater felony if the offender had | 11 |
| been convicted
of a Class 2 or greater felony, | 12 |
| including any state or federal conviction for an | 13 |
| offense that contained, at the time it was committed, | 14 |
| the same elements as an offense now (the date of the | 15 |
| offense committed after the prior Class 2 or greater | 16 |
| felony) classified as a Class 2 or greater felony, | 17 |
| within 10 years of the date on which the
offender
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| committed the offense for which he or she is being | 19 |
| sentenced, except as
otherwise provided in Section | 20 |
| 40-10 of the Alcoholism and Other Drug Abuse and
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| Dependency Act.
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| (F-5) A violation of Section 24-1, 24-1.1, or | 23 |
| 24-1.6 of the Criminal Code of 1961 for which | 24 |
| imprisonment is prescribed in those Sections.
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| (G) Residential burglary, except as otherwise | 26 |
| provided in Section 40-10
of the Alcoholism and Other |
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| Drug Abuse and Dependency Act.
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| (H) Criminal sexual assault.
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| (I) Aggravated battery of a senior citizen.
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| (J) A forcible felony if the offense was related to | 5 |
| the activities of an
organized gang.
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| Before July 1, 1994, for the purposes of this | 7 |
| paragraph, "organized
gang" means an association of 5 | 8 |
| or more persons, with an established hierarchy,
that | 9 |
| encourages members of the association to perpetrate | 10 |
| crimes or provides
support to the members of the | 11 |
| association who do commit crimes.
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| Beginning July 1, 1994, for the purposes of this | 13 |
| paragraph,
"organized gang" has the meaning ascribed | 14 |
| to it in Section 10 of the Illinois
Streetgang | 15 |
| Terrorism Omnibus Prevention Act.
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| (K) Vehicular hijacking.
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| (L) A second or subsequent conviction for the | 18 |
| offense of hate crime
when the underlying offense upon | 19 |
| which the hate crime is based is felony
aggravated
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| assault or felony mob action.
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| (M) A second or subsequent conviction for the | 22 |
| offense of institutional
vandalism if the damage to the | 23 |
| property exceeds $300.
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| (N) A Class 3 felony violation of paragraph (1) of | 25 |
| subsection (a) of
Section 2 of the Firearm Owners | 26 |
| Identification Card Act.
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| (O) A violation of Section 12-6.1 of the Criminal | 2 |
| Code of 1961.
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| (P) A violation of paragraph (1), (2), (3), (4), | 4 |
| (5), or (7) of
subsection (a)
of Section 11-20.1 of the | 5 |
| Criminal Code of 1961.
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| (Q) A violation of Section 20-1.2 or 20-1.3 of the | 7 |
| Criminal Code of
1961.
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| (R) A violation of Section 24-3A of the Criminal | 9 |
| Code of
1961.
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| (S) (Blank).
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| (T) A second or subsequent violation of the | 12 |
| Methamphetamine Control and Community Protection Act.
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| (U) A second or subsequent violation of Section | 14 |
| 6-303 of the Illinois Vehicle Code committed while his | 15 |
| or her driver's license, permit, or privilege was | 16 |
| revoked because of a violation of Section 9-3 of the | 17 |
| Criminal Code of 1961, relating to the offense of | 18 |
| reckless homicide, or a similar provision of a law of | 19 |
| another state.
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| (V)
A violation of paragraph (4) of subsection (c) | 21 |
| of Section 11-20.3 of the Criminal Code of 1961. | 22 |
| (W) A violation of Section 24-3.5 of the Criminal | 23 |
| Code of 1961.
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| (X) A violation of subsection (a) of Section 31-1a | 25 |
| of the Criminal Code of 1961. | 26 |
| (Y) A conviction for unlawful possession of a |
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| firearm by a street gang member when the firearm was | 2 |
| loaded or contained firearm ammunition.
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| (3) (Blank).
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| (4) A minimum term of imprisonment of not less than 10
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| consecutive days or 30 days of community service shall be | 6 |
| imposed for a
violation of paragraph (c) of Section 6-303 | 7 |
| of the Illinois Vehicle Code.
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| (4.1) (Blank).
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| (4.2) Except as provided in paragraphs (4.3) and (4.8) | 10 |
| of this subsection (c), a
minimum of
100 hours of community | 11 |
| service shall be imposed for a second violation of
Section | 12 |
| 6-303
of the Illinois Vehicle Code.
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| (4.3) A minimum term of imprisonment of 30 days or 300 | 14 |
| hours of community
service, as determined by the court, | 15 |
| shall
be imposed for a second violation of subsection (c) | 16 |
| of Section 6-303 of the
Illinois Vehicle Code.
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| (4.4) Except as provided in paragraphs
(4.5), (4.6), | 18 |
| and (4.9) of this
subsection (c), a
minimum term of | 19 |
| imprisonment of 30 days or 300 hours of community service, | 20 |
| as
determined by the court, shall
be imposed
for a third or | 21 |
| subsequent violation of Section 6-303 of the Illinois | 22 |
| Vehicle
Code.
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| (4.5) A minimum term of imprisonment of 30 days
shall | 24 |
| be imposed for a third violation of subsection (c) of
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| Section 6-303 of the Illinois Vehicle Code.
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| (4.6) Except as provided in paragraph (4.10) of this |
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| subsection (c), a minimum term of imprisonment of 180 days | 2 |
| shall be imposed for a
fourth or subsequent violation of | 3 |
| subsection (c) of Section 6-303 of the
Illinois Vehicle | 4 |
| Code.
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| (4.7) A minimum term of imprisonment of not less than | 6 |
| 30 consecutive days, or 300 hours of community service, | 7 |
| shall be imposed for a violation of subsection (a-5) of | 8 |
| Section 6-303 of the Illinois Vehicle Code, as provided in | 9 |
| subsection (b-5) of that Section.
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| (4.8) A mandatory prison sentence shall be imposed for | 11 |
| a second violation of subsection (a-5) of Section 6-303 of | 12 |
| the Illinois Vehicle Code, as provided in subsection (c-5) | 13 |
| of that Section. The person's driving privileges shall be | 14 |
| revoked for a period of not less than 5 years from the date | 15 |
| of his or her release from prison.
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| (4.9) A mandatory prison sentence of not less than 4 | 17 |
| and not more than 15 years shall be imposed for a third | 18 |
| violation of subsection (a-5) of Section 6-303 of the | 19 |
| Illinois Vehicle Code, as provided in subsection (d-2.5) of | 20 |
| that Section. The person's driving privileges shall be | 21 |
| revoked for the remainder of his or her life.
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| (4.10) A mandatory prison sentence for a Class 1 felony | 23 |
| shall be imposed, and the person shall be eligible for an | 24 |
| extended term sentence, for a fourth or subsequent | 25 |
| violation of subsection (a-5) of Section 6-303 of the | 26 |
| Illinois Vehicle Code, as provided in subsection (d-3.5) of |
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| that Section. The person's driving privileges shall be | 2 |
| revoked for the remainder of his or her life.
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| (5) The court may sentence a corporation or | 4 |
| unincorporated
association convicted of any offense to:
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| (A) a period of conditional discharge;
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| (B) a fine;
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| (C) make restitution to the victim under Section | 8 |
| 5-5-6 of this Code.
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| (5.1) In addition to any other penalties imposed, and | 10 |
| except as provided in paragraph (5.2) or (5.3), a person
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| convicted of violating subsection (c) of Section 11-907 of | 12 |
| the Illinois
Vehicle Code shall have his or her driver's | 13 |
| license, permit, or privileges
suspended for at least 90 | 14 |
| days but not more than one year, if the violation
resulted | 15 |
| in damage to the property of another person.
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| (5.2) In addition to any other penalties imposed, and | 17 |
| except as provided in paragraph (5.3), a person convicted
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| of violating subsection (c) of Section 11-907 of the | 19 |
| Illinois Vehicle Code
shall have his or her driver's | 20 |
| license, permit, or privileges suspended for at
least 180 | 21 |
| days but not more than 2 years, if the violation resulted | 22 |
| in injury
to
another person.
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| (5.3) In addition to any other penalties imposed, a | 24 |
| person convicted of violating subsection (c) of Section
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| 11-907 of the Illinois Vehicle Code shall have his or her | 26 |
| driver's license,
permit, or privileges suspended for 2 |
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| years, if the violation resulted in the
death of another | 2 |
| person.
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| (5.4) In addition to any other penalties imposed, a | 4 |
| person convicted of violating Section 3-707 of the Illinois | 5 |
| Vehicle Code shall have his or her driver's license, | 6 |
| permit, or privileges suspended for 3 months and until he | 7 |
| or she has paid a reinstatement fee of $100. | 8 |
| (5.5) In addition to any other penalties imposed, a | 9 |
| person convicted of violating Section 3-707 of the Illinois | 10 |
| Vehicle Code during a period in which his or her driver's | 11 |
| license, permit, or privileges were suspended for a | 12 |
| previous violation of that Section shall have his or her | 13 |
| driver's license, permit, or privileges suspended for an | 14 |
| additional 6 months after the expiration of the original | 15 |
| 3-month suspension and until he or she has paid a | 16 |
| reinstatement fee of $100.
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| (6) (Blank . ) .
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| (7) (Blank . ) .
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| (8) (Blank . ) .
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| (9) A defendant convicted of a second or subsequent | 21 |
| offense of ritualized
abuse of a child may be sentenced to | 22 |
| a term of natural life imprisonment.
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| (10) (Blank).
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| (11) The court shall impose a minimum fine of $1,000 | 25 |
| for a first offense
and $2,000 for a second or subsequent | 26 |
| offense upon a person convicted of or
placed on supervision |
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| for battery when the individual harmed was a sports
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| official or coach at any level of competition and the act | 3 |
| causing harm to the
sports
official or coach occurred | 4 |
| within an athletic facility or within the immediate | 5 |
| vicinity
of the athletic facility at which the sports | 6 |
| official or coach was an active
participant
of the athletic | 7 |
| contest held at the athletic facility. For the purposes of
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| this paragraph (11), "sports official" means a person at an | 9 |
| athletic contest
who enforces the rules of the contest, | 10 |
| such as an umpire or referee; "athletic facility" means an | 11 |
| indoor or outdoor playing field or recreational area where | 12 |
| sports activities are conducted;
and "coach" means a person | 13 |
| recognized as a coach by the sanctioning
authority that | 14 |
| conducted the sporting event. | 15 |
| (12) A person may not receive a disposition of court | 16 |
| supervision for a
violation of Section 5-16 of the Boat | 17 |
| Registration and Safety Act if that
person has previously | 18 |
| received a disposition of court supervision for a
violation | 19 |
| of that Section.
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| (13) A person convicted of or placed on court | 21 |
| supervision for an assault or aggravated assault when the | 22 |
| victim and the offender are family or household members as | 23 |
| defined in Section 103 of the Illinois Domestic Violence | 24 |
| Act of 1986 or convicted of domestic battery or aggravated | 25 |
| domestic battery may be required to attend a Partner Abuse | 26 |
| Intervention Program under protocols set forth by the |
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| Illinois Department of Human Services under such terms and | 2 |
| conditions imposed by the court. The costs of such classes | 3 |
| shall be paid by the offender.
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| (d) In any case in which a sentence originally imposed is | 5 |
| vacated,
the case shall be remanded to the trial court. The | 6 |
| trial court shall
hold a hearing under Section 5-4-1 of the | 7 |
| Unified Code of Corrections
which may include evidence of the | 8 |
| defendant's life, moral character and
occupation during the | 9 |
| time since the original sentence was passed. The
trial court | 10 |
| shall then impose sentence upon the defendant. The trial
court | 11 |
| may impose any sentence which could have been imposed at the
| 12 |
| original trial subject to Section 5-5-4 of the Unified Code of | 13 |
| Corrections.
If a sentence is vacated on appeal or on | 14 |
| collateral attack due to the
failure of the trier of fact at | 15 |
| trial to determine beyond a reasonable doubt
the
existence of a | 16 |
| fact (other than a prior conviction) necessary to increase the
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| punishment for the offense beyond the statutory maximum | 18 |
| otherwise applicable,
either the defendant may be re-sentenced | 19 |
| to a term within the range otherwise
provided or, if the State | 20 |
| files notice of its intention to again seek the
extended | 21 |
| sentence, the defendant shall be afforded a new trial.
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| (e) In cases where prosecution for
aggravated criminal | 23 |
| sexual abuse under Section 12-16 of the
Criminal Code of 1961 | 24 |
| results in conviction of a defendant
who was a family member of | 25 |
| the victim at the time of the commission of the
offense, the | 26 |
| court shall consider the safety and welfare of the victim and
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| may impose a sentence of probation only where:
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| (1) the court finds (A) or (B) or both are appropriate:
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| (A) the defendant is willing to undergo a court | 4 |
| approved counseling
program for a minimum duration of 2 | 5 |
| years; or
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| (B) the defendant is willing to participate in a | 7 |
| court approved plan
including but not limited to the | 8 |
| defendant's:
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| (i) removal from the household;
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| (ii) restricted contact with the victim;
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| (iii) continued financial support of the | 12 |
| family;
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| (iv) restitution for harm done to the victim; | 14 |
| and
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| (v) compliance with any other measures that | 16 |
| the court may
deem appropriate; and
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| (2) the court orders the defendant to pay for the | 18 |
| victim's counseling
services, to the extent that the court | 19 |
| finds, after considering the
defendant's income and | 20 |
| assets, that the defendant is financially capable of
paying | 21 |
| for such services, if the victim was under 18 years of age | 22 |
| at the
time the offense was committed and requires | 23 |
| counseling as a result of the
offense.
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| Probation may be revoked or modified pursuant to Section | 25 |
| 5-6-4; except
where the court determines at the hearing that | 26 |
| the defendant violated a
condition of his or her probation |
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| 1 |
| restricting contact with the victim or
other family members or | 2 |
| commits another offense with the victim or other
family | 3 |
| members, the court shall revoke the defendant's probation and
| 4 |
| impose a term of imprisonment.
| 5 |
| For the purposes of this Section, "family member" and | 6 |
| "victim" shall have
the meanings ascribed to them in Section | 7 |
| 12-12 of the Criminal Code of
1961.
| 8 |
| (f) (Blank . ) .
| 9 |
| (g) Whenever a defendant is convicted of an offense under | 10 |
| Sections
11-14, 11-15, 11-15.1, 11-16, 11-17, 11-18, 11-18.1, | 11 |
| 11-19, 11-19.1, 11-19.2,
12-13, 12-14, 12-14.1, 12-15 or 12-16 | 12 |
| of the Criminal Code of 1961,
the defendant shall undergo | 13 |
| medical testing to
determine whether the defendant has any | 14 |
| sexually transmissible disease,
including a test for infection | 15 |
| with human immunodeficiency virus (HIV) or
any other identified | 16 |
| causative agent of acquired immunodeficiency syndrome
(AIDS). | 17 |
| Any such medical test shall be performed only by appropriately
| 18 |
| licensed medical practitioners and may include an analysis of | 19 |
| any bodily
fluids as well as an examination of the defendant's | 20 |
| person.
Except as otherwise provided by law, the results of | 21 |
| such test shall be kept
strictly confidential by all medical | 22 |
| personnel involved in the testing and must
be personally | 23 |
| delivered in a sealed envelope to the judge of the court in | 24 |
| which
the conviction was entered for the judge's inspection in | 25 |
| camera. Acting in
accordance with the best interests of the | 26 |
| victim and the public, the judge
shall have the discretion to |
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| determine to whom, if anyone, the results of the
testing may be | 2 |
| revealed. The court shall notify the defendant
of the test | 3 |
| results. The court shall
also notify the victim if requested by | 4 |
| the victim, and if the victim is under
the age of 15 and if | 5 |
| requested by the victim's parents or legal guardian, the
court | 6 |
| shall notify the victim's parents or legal guardian of the test
| 7 |
| results.
The court shall provide information on the | 8 |
| availability of HIV testing
and counseling at Department of | 9 |
| Public Health facilities to all parties to
whom the results of | 10 |
| the testing are revealed and shall direct the State's
Attorney | 11 |
| to provide the information to the victim when possible.
A | 12 |
| State's Attorney may petition the court to obtain the results | 13 |
| of any HIV test
administered under this Section, and the court | 14 |
| shall grant the disclosure if
the State's Attorney shows it is | 15 |
| relevant in order to prosecute a charge of
criminal | 16 |
| transmission of HIV under Section 12-16.2 of the Criminal Code | 17 |
| of 1961
against the defendant. The court shall order that the | 18 |
| cost of any such test
shall be paid by the county and may be | 19 |
| taxed as costs against the convicted
defendant.
| 20 |
| (g-5) When an inmate is tested for an airborne communicable | 21 |
| disease, as
determined by the Illinois Department of Public | 22 |
| Health including but not
limited to tuberculosis, the results | 23 |
| of the test shall be
personally delivered by the warden or his | 24 |
| or her designee in a sealed envelope
to the judge of the court | 25 |
| in which the inmate must appear for the judge's
inspection in | 26 |
| camera if requested by the judge. Acting in accordance with the
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| best interests of those in the courtroom, the judge shall have | 2 |
| the discretion
to determine what if any precautions need to be | 3 |
| taken to prevent transmission
of the disease in the courtroom.
| 4 |
| (h) Whenever a defendant is convicted of an offense under | 5 |
| Section 1 or 2
of the Hypodermic Syringes and Needles Act, the | 6 |
| defendant shall undergo
medical testing to determine whether | 7 |
| the defendant has been exposed to human
immunodeficiency virus | 8 |
| (HIV) or any other identified causative agent of
acquired | 9 |
| immunodeficiency syndrome (AIDS). Except as otherwise provided | 10 |
| by
law, the results of such test shall be kept strictly | 11 |
| confidential by all
medical personnel involved in the testing | 12 |
| and must be personally delivered in a
sealed envelope to the | 13 |
| judge of the court in which the conviction was entered
for the | 14 |
| judge's inspection in camera. Acting in accordance with the | 15 |
| best
interests of the public, the judge shall have the | 16 |
| discretion to determine to
whom, if anyone, the results of the | 17 |
| testing may be revealed. The court shall
notify the defendant | 18 |
| of a positive test showing an infection with the human
| 19 |
| immunodeficiency virus (HIV). The court shall provide | 20 |
| information on the
availability of HIV testing and counseling | 21 |
| at Department of Public Health
facilities to all parties to | 22 |
| whom the results of the testing are revealed and
shall direct | 23 |
| the State's Attorney to provide the information to the victim | 24 |
| when
possible. A State's Attorney may petition the court to | 25 |
| obtain the results of
any HIV test administered under this | 26 |
| Section, and the court shall grant the
disclosure if the |
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| State's Attorney shows it is relevant in order to prosecute a
| 2 |
| charge of criminal transmission of HIV under Section 12-16.2 of | 3 |
| the Criminal
Code of 1961 against the defendant. The court | 4 |
| shall order that the cost of any
such test shall be paid by the | 5 |
| county and may be taxed as costs against the
convicted | 6 |
| defendant.
| 7 |
| (i) All fines and penalties imposed under this Section for | 8 |
| any violation
of Chapters 3, 4, 6, and 11 of the Illinois | 9 |
| Vehicle Code, or a similar
provision of a local ordinance, and | 10 |
| any violation
of the Child Passenger Protection Act, or a | 11 |
| similar provision of a local
ordinance, shall be collected and | 12 |
| disbursed by the circuit
clerk as provided under Section 27.5 | 13 |
| of the Clerks of Courts Act.
| 14 |
| (j) In cases when prosecution for any violation of Section | 15 |
| 11-6, 11-8,
11-9, 11-11, 11-14, 11-15, 11-15.1, 11-16, 11-17, | 16 |
| 11-17.1, 11-18, 11-18.1,
11-19, 11-19.1, 11-19.2, 11-20.1, | 17 |
| 11-21, 12-13, 12-14, 12-14.1, 12-15, or
12-16 of the
Criminal | 18 |
| Code of 1961, any violation of the Illinois Controlled | 19 |
| Substances Act,
any violation of the Cannabis Control Act, or | 20 |
| any violation of the Methamphetamine Control and Community | 21 |
| Protection Act results in conviction, a
disposition of court | 22 |
| supervision, or an order of probation granted under
Section 10 | 23 |
| of the Cannabis Control Act, Section 410 of the Illinois
| 24 |
| Controlled Substance Act, or Section 70 of the Methamphetamine | 25 |
| Control and Community Protection Act of a defendant, the court | 26 |
| shall determine whether the
defendant is employed by a facility |
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| or center as defined under the Child Care
Act of 1969, a public | 2 |
| or private elementary or secondary school, or otherwise
works | 3 |
| with children under 18 years of age on a daily basis. When a | 4 |
| defendant
is so employed, the court shall order the Clerk of | 5 |
| the Court to send a copy of
the judgment of conviction or order | 6 |
| of supervision or probation to the
defendant's employer by | 7 |
| certified mail.
If the employer of the defendant is a school, | 8 |
| the Clerk of the Court shall
direct the mailing of a copy of | 9 |
| the judgment of conviction or order of
supervision or probation | 10 |
| to the appropriate regional superintendent of schools.
The | 11 |
| regional superintendent of schools shall notify the State Board | 12 |
| of
Education of any notification under this subsection.
| 13 |
| (j-5) A defendant at least 17 years of age who is convicted | 14 |
| of a felony and
who has not been previously convicted of a | 15 |
| misdemeanor or felony and who is
sentenced to a term of | 16 |
| imprisonment in the Illinois Department of Corrections
shall as | 17 |
| a condition of his or her sentence be required by the court to | 18 |
| attend
educational courses designed to prepare the defendant | 19 |
| for a high school diploma
and to work toward a high school | 20 |
| diploma or to work toward passing the high
school level Test of | 21 |
| General Educational Development (GED) or to work toward
| 22 |
| completing a vocational training program offered by the | 23 |
| Department of
Corrections. If a defendant fails to complete the | 24 |
| educational training
required by his or her sentence during the | 25 |
| term of incarceration, the Prisoner
Review Board shall, as a | 26 |
| condition of mandatory supervised release, require the
|
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| 1 |
| defendant, at his or her own expense, to pursue a course of | 2 |
| study toward a high
school diploma or passage of the GED test. | 3 |
| The Prisoner Review Board shall
revoke the mandatory supervised | 4 |
| release of a defendant who wilfully fails to
comply with this | 5 |
| subsection (j-5) upon his or her release from confinement in a
| 6 |
| penal institution while serving a mandatory supervised release | 7 |
| term; however,
the inability of the defendant after making a | 8 |
| good faith effort to obtain
financial aid or pay for the | 9 |
| educational training shall not be deemed a wilful
failure to | 10 |
| comply. The Prisoner Review Board shall recommit the defendant
| 11 |
| whose mandatory supervised release term has been revoked under | 12 |
| this subsection
(j-5) as provided in Section 3-3-9. This | 13 |
| subsection (j-5) does not apply to a
defendant who has a high | 14 |
| school diploma or has successfully passed the GED
test. This | 15 |
| subsection (j-5) does not apply to a defendant who is | 16 |
| determined by
the court to be developmentally disabled or | 17 |
| otherwise mentally incapable of
completing the educational or | 18 |
| vocational program.
| 19 |
| (k) (Blank . ) .
| 20 |
| (l) (A) Except as provided
in paragraph (C) of subsection | 21 |
| (l), whenever a defendant,
who is an alien as defined by | 22 |
| the Immigration and Nationality Act, is convicted
of any | 23 |
| felony or misdemeanor offense, the court after sentencing | 24 |
| the defendant
may, upon motion of the State's Attorney, | 25 |
| hold sentence in abeyance and remand
the defendant to the | 26 |
| custody of the Attorney General of
the United States or his |
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| or her designated agent to be deported when:
| 2 |
| (1) a final order of deportation has been issued | 3 |
| against the defendant
pursuant to proceedings under | 4 |
| the Immigration and Nationality Act, and
| 5 |
| (2) the deportation of the defendant would not | 6 |
| deprecate the seriousness
of the defendant's conduct | 7 |
| and would not be inconsistent with the ends of
justice.
| 8 |
| Otherwise, the defendant shall be sentenced as | 9 |
| provided in this Chapter V.
| 10 |
| (B) If the defendant has already been sentenced for a | 11 |
| felony or
misdemeanor
offense, or has been placed on | 12 |
| probation under Section 10 of the Cannabis
Control Act,
| 13 |
| Section 410 of the Illinois Controlled Substances Act, or | 14 |
| Section 70 of the Methamphetamine Control and Community | 15 |
| Protection Act, the court
may, upon motion of the State's | 16 |
| Attorney to suspend the
sentence imposed, commit the | 17 |
| defendant to the custody of the Attorney General
of the | 18 |
| United States or his or her designated agent when:
| 19 |
| (1) a final order of deportation has been issued | 20 |
| against the defendant
pursuant to proceedings under | 21 |
| the Immigration and Nationality Act, and
| 22 |
| (2) the deportation of the defendant would not | 23 |
| deprecate the seriousness
of the defendant's conduct | 24 |
| and would not be inconsistent with the ends of
justice.
| 25 |
| (C) This subsection (l) does not apply to offenders who | 26 |
| are subject to the
provisions of paragraph (2) of |
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| subsection (a) of Section 3-6-3.
| 2 |
| (D) Upon motion of the State's Attorney, if a defendant | 3 |
| sentenced under
this Section returns to the jurisdiction of | 4 |
| the United States, the defendant
shall be recommitted to | 5 |
| the custody of the county from which he or she was
| 6 |
| sentenced.
Thereafter, the defendant shall be brought | 7 |
| before the sentencing court, which
may impose any sentence | 8 |
| that was available under Section 5-5-3 at the time of
| 9 |
| initial sentencing. In addition, the defendant shall not be | 10 |
| eligible for
additional good conduct credit for | 11 |
| meritorious service as provided under
Section 3-6-6.
| 12 |
| (m) A person convicted of criminal defacement of property | 13 |
| under Section
21-1.3 of the Criminal Code of 1961, in which the | 14 |
| property damage exceeds $300
and the property damaged is a | 15 |
| school building, shall be ordered to perform
community service | 16 |
| that may include cleanup, removal, or painting over the
| 17 |
| defacement.
| 18 |
| (n) The court may sentence a person convicted of a | 19 |
| violation of Section
12-19, 12-21, or 16-1.3 of the Criminal | 20 |
| Code of 1961 (i) to an impact
incarceration program if the | 21 |
| person is otherwise eligible for that program
under Section | 22 |
| 5-8-1.1, (ii) to community service, or (iii) if the person is | 23 |
| an
addict or alcoholic, as defined in the Alcoholism and Other | 24 |
| Drug Abuse and
Dependency Act, to a substance or alcohol abuse | 25 |
| program licensed under that
Act. | 26 |
| (o) Whenever a person is convicted of a sex offense as |
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| defined in Section 2 of the Sex Offender Registration Act, the | 2 |
| defendant's driver's license or permit shall be subject to | 3 |
| renewal on an annual basis in accordance with the provisions of | 4 |
| license renewal established by the Secretary of State.
| 5 |
| (Source: P.A. 95-188, eff. 8-16-07; 95-259, eff. 8-17-07; | 6 |
| 95-331, eff. 8-21-07; 95-377, eff. 1-1-08; 95-579, eff. 6-1-08; | 7 |
| 95-876, eff. 8-21-08; 95-882, eff. 1-1-09; 95-1052, eff. | 8 |
| 7-1-09; 96-348, eff. 8-12-09; 96-400, eff. 8-13-09; revised | 9 |
| 9-4-09.)
| 10 |
| Section 99. Effective date. This Act takes effect upon | 11 |
| becoming law.
|
|