Full Text of HB5148 96th General Assembly
HB5148eng 96TH GENERAL ASSEMBLY
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HB5148 Engrossed |
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LRB096 18651 RLC 35120 b |
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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 Illinois Controlled Substances Act is | 5 |
| amended by changing Section 401 as follows:
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| (720 ILCS 570/401) (from Ch. 56 1/2, par. 1401)
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| Sec. 401. Except as authorized by this Act, it is unlawful | 8 |
| for any
person knowingly to manufacture or deliver, or possess | 9 |
| with intent to
manufacture or deliver, a controlled substance | 10 |
| other than methamphetamine, a counterfeit substance, or a | 11 |
| controlled
substance analog. A violation of this Act with | 12 |
| respect to each of the controlled
substances listed herein | 13 |
| constitutes a single and separate violation of this
Act. For | 14 |
| purposes of this Section, "controlled substance analog" or | 15 |
| "analog"
means a substance
which is intended for human | 16 |
| consumption, other than a controlled substance,
that has a | 17 |
| chemical structure substantially similar to that of a | 18 |
| controlled
substance in Schedule I or II, or that was | 19 |
| specifically designed to produce
an effect substantially | 20 |
| similar to that of a controlled substance in Schedule
I or II. | 21 |
| Examples of chemical classes in which controlled substance | 22 |
| analogs
are found include, but are not limited to, the | 23 |
| following: phenethylamines,
N-substituted piperidines, |
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HB5148 Engrossed |
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LRB096 18651 RLC 35120 b |
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| morphinans, ecgonines, quinazolinones, substituted
indoles, | 2 |
| and arylcycloalkylamines. For purposes of this Act, a | 3 |
| controlled
substance analog shall be treated in the same manner | 4 |
| as the controlled
substance to which it is substantially | 5 |
| similar.
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| (a) Any person who violates this Section with respect to | 7 |
| the following
amounts of controlled or counterfeit substances | 8 |
| or controlled substance
analogs, notwithstanding any of the | 9 |
| provisions of subsections (c),
(d), (e), (f), (g) or (h) to the | 10 |
| contrary, is guilty of a Class X felony
and shall be sentenced | 11 |
| to a term of imprisonment as provided in this subsection
(a) | 12 |
| and fined as provided in subsection (b):
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| (1) (A) not less than 6 years and not more than 30 | 14 |
| years with respect
to 5 15 grams or more but less than | 15 |
| 100 grams of a substance containing
heroin, or an | 16 |
| analog thereof;
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| (B) not less than 9 years and not more than 40 | 18 |
| years with respect to 100
grams or more but less than | 19 |
| 400 grams of a substance containing heroin, or
an | 20 |
| analog thereof;
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| (C) not less than 12 years and not more than 50 | 22 |
| years with respect to
400 grams or more but less than | 23 |
| 900 grams of a substance containing heroin,
or an | 24 |
| analog thereof;
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| (D) not less than 15 years and not more than 60 | 26 |
| years with respect to
900 grams or more of any |
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HB5148 Engrossed |
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LRB096 18651 RLC 35120 b |
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| substance containing heroin, or an analog thereof;
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| (1.5) (A) not less than 6 years and not more than 30 | 3 |
| years with respect to 15 grams or more but less than | 4 |
| 100 grams of a substance containing fentanyl, or an | 5 |
| analog thereof;
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| (B) not less than 9 years and not more than 40 | 7 |
| years with respect to 100 grams or more but less than | 8 |
| 400 grams of a substance containing fentanyl, or an | 9 |
| analog thereof; | 10 |
| (C) not less than 12 years and not more than 50 | 11 |
| years with respect to 400 grams or more but less than | 12 |
| 900 grams of a substance containing fentanyl, or an | 13 |
| analog thereof; | 14 |
| (D) not less than 15 years and not more than 60 | 15 |
| years with respect to 900 grams or more of a substance | 16 |
| containing fentanyl, or an analog thereof;
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| (2) (A) not less than 6 years and not more than 30 | 18 |
| years with respect
to 15 grams or more but less than | 19 |
| 100 grams of a substance containing
cocaine, or an | 20 |
| analog thereof;
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| (B) not less than 9 years and not more than 40 | 22 |
| years with respect to 100
grams or more but less than | 23 |
| 400 grams of a substance containing cocaine, or
an | 24 |
| analog thereof;
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| (C) not less than 12 years and not more than 50 | 26 |
| years with respect to
400 grams or more but less than |
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HB5148 Engrossed |
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LRB096 18651 RLC 35120 b |
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| 900 grams of a substance containing cocaine,
or an | 2 |
| analog thereof;
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| (D) not less than 15 years and not more than 60 | 4 |
| years with respect to
900 grams or more of any | 5 |
| substance containing cocaine, or an analog thereof;
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| (3) (A) not less than 6 years and not more than 30 | 7 |
| years with respect
to 15 grams or more but less than | 8 |
| 100 grams of a substance containing
morphine, or an | 9 |
| analog thereof;
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| (B) not less than 9 years and not more than 40 | 11 |
| years with respect to
100 grams or more but less than | 12 |
| 400 grams of a substance containing morphine,
or an | 13 |
| analog thereof;
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| (C) not less than 12 years and not more than 50 | 15 |
| years with respect to
400 grams or more but less than | 16 |
| 900 grams of a substance containing
morphine, or an | 17 |
| analog thereof;
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| (D) not less than 15 years and not more than 60 | 19 |
| years with respect to
900 grams or more of a substance | 20 |
| containing morphine, or an analog thereof;
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| (4) 200 grams or more of any substance containing | 22 |
| peyote, or an
analog thereof;
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| (5) 200 grams or more of any substance containing a | 24 |
| derivative of
barbituric acid or any of the salts of a | 25 |
| derivative of barbituric acid, or
an analog thereof;
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| (6) 200 grams or more of any substance containing |
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HB5148 Engrossed |
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LRB096 18651 RLC 35120 b |
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| amphetamine
or any salt of an optical isomer of | 2 |
| amphetamine,
or an analog thereof;
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| (6.5) (blank);
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| (6.6) (blank);
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| (7) (A) not less than 6 years and not more than 30 | 6 |
| years with respect
to: (i) 15 grams or more but less | 7 |
| than 100 grams of a substance containing
lysergic acid | 8 |
| diethylamide (LSD), or an analog thereof, or (ii) 15 or
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| more objects or 15 or more segregated parts of an | 10 |
| object or objects but
less than 200 objects or 200 | 11 |
| segregated parts of an object or objects
containing in | 12 |
| them or having upon them any amounts of any substance
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| containing lysergic acid diethylamide (LSD), or an | 14 |
| analog thereof;
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| (B) not less than 9 years and not more than 40 | 16 |
| years with respect
to: (i) 100 grams or more but less | 17 |
| than 400 grams of a substance containing
lysergic acid | 18 |
| diethylamide (LSD), or an analog thereof, or (ii) 200 | 19 |
| or more
objects or 200 or more segregated parts of an | 20 |
| object or objects but less
than 600 objects or less | 21 |
| than 600 segregated parts of an object or objects
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| containing in them or having upon them any amount of | 23 |
| any substance
containing lysergic acid diethylamide | 24 |
| (LSD), or an analog thereof;
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| (C) not less than 12 years and not more than 50 | 26 |
| years with respect
to: (i) 400 grams or more but less |
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HB5148 Engrossed |
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LRB096 18651 RLC 35120 b |
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| than 900 grams of a substance containing
lysergic acid | 2 |
| diethylamide (LSD), or an analog thereof, or (ii) 600 | 3 |
| or more
objects or 600 or more segregated parts of an | 4 |
| object or objects but less
than 1500 objects or 1500 | 5 |
| segregated parts of an object or objects
containing in | 6 |
| them or having upon them any amount of any substance
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| containing lysergic acid diethylamide (LSD), or an | 8 |
| analog thereof;
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| (D) not less than 15 years and not more than 60 | 10 |
| years with respect
to: (i) 900 grams or more of any | 11 |
| substance containing lysergic acid
diethylamide (LSD), | 12 |
| or an analog thereof, or (ii) 1500 or more objects or
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| 1500 or more segregated parts of an object or objects | 14 |
| containing in them or
having upon them any amount of a | 15 |
| substance containing lysergic acid
diethylamide (LSD), | 16 |
| or an analog thereof;
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| (7.5) (A) not less than 6 years and not more than 30 | 18 |
| years with respect
to:
(i) 15
grams or more but less | 19 |
| than 100 grams of a substance listed in paragraph (1),
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| (2), (2.1), (2.2), (3), (14.1), (19), (20), (20.1), | 21 |
| (21), (25), or (26) of subsection
(d) of Section 204, | 22 |
| or an analog or derivative thereof, or (ii) 15 or more
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| pills, tablets, caplets, capsules, or objects but less | 24 |
| than 200 pills, tablets,
caplets, capsules, or objects | 25 |
| containing in them or having upon them any
amounts of | 26 |
| any substance listed in paragraph (1), (2), (2.1), |
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HB5148 Engrossed |
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LRB096 18651 RLC 35120 b |
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| (2.2), (3), (14.1),
(19), (20), (20.1), (21), (25), or | 2 |
| (26) of subsection (d) of Section 204, or
an analog or | 3 |
| derivative thereof;
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| (B) not less than 9 years and not more than 40 | 5 |
| years with respect to:
(i) 100 grams or more but less | 6 |
| than 400 grams of a substance listed in
paragraph (1), | 7 |
| (2), (2.1), (2.2), (3), (14.1), (19), (20),
(20.1), | 8 |
| (21), (25), or (26) of subsection (d) of Section 204, | 9 |
| or an analog or
derivative thereof, or (ii) 200 or more | 10 |
| pills, tablets, caplets, capsules, or
objects but less | 11 |
| than 600 pills, tablets, caplets, capsules, or objects
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| containing in them or having upon them any amount of | 13 |
| any substance listed in
paragraph (1), (2), (2.1), | 14 |
| (2.2), (3), (14.1), (19), (20), (20.1), (21), (25), or | 15 |
| (26)
of subsection (d) of Section 204, or an analog or | 16 |
| derivative thereof;
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| (C) not less than 12 years and not more than 50 | 18 |
| years with respect to:
(i) 400 grams or more but less | 19 |
| than 900 grams of a substance listed in
paragraph (1), | 20 |
| (2), (2.1), (2.2), (3), (14.1), (19), (20), (20.1), | 21 |
| (21), (25), or (26)
of subsection (d) of Section 204, | 22 |
| or an analog or derivative thereof,
or (ii) 600 or more | 23 |
| pills, tablets, caplets, capsules, or objects but less | 24 |
| than
1,500 pills, tablets, caplets, capsules, or | 25 |
| objects
containing in them or having upon them any | 26 |
| amount of any substance listed in
paragraph (1), (2), |
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HB5148 Engrossed |
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LRB096 18651 RLC 35120 b |
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| (2.1), (2.2), (3), (14.1), (19), (20), (20.1), (21), | 2 |
| (25), or (26)
of subsection (d) of Section 204, or an | 3 |
| analog or derivative thereof;
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| (D) not less than 15 years and not more than 60 | 5 |
| years with respect to:
(i) 900 grams or more of any | 6 |
| substance listed in paragraph (1), (2), (2.1),
(2.2), | 7 |
| (3), (14.1), (19), (20), (20.1), (21), (25), or (26) of | 8 |
| subsection (d) of
Section 204, or an analog or | 9 |
| derivative thereof, or (ii) 1,500 or more pills,
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| tablets, caplets, capsules, or objects containing in | 11 |
| them or having upon them
any amount
of a substance | 12 |
| listed in paragraph (1), (2), (2.1), (2.2), (3), | 13 |
| (14.1), (19),
(20), (20.1), (21), (25), or (26)
of | 14 |
| subsection (d) of Section 204, or an analog or | 15 |
| derivative thereof;
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| (8) 30 grams or more of any substance containing | 17 |
| pentazocine or any of
the salts, isomers and salts of | 18 |
| isomers of pentazocine, or an analog thereof;
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| (9) 30 grams or more of any substance containing | 20 |
| methaqualone or any of
the salts, isomers and salts of | 21 |
| isomers of methaqualone, or an analog thereof;
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| (10) 30 grams or more of any substance containing | 23 |
| phencyclidine or any
of the salts, isomers and salts of | 24 |
| isomers of phencyclidine (PCP),
or an analog thereof;
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| (10.5) 30 grams or more of any substance containing | 26 |
| ketamine
or any of the salts, isomers and salts of isomers |
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HB5148 Engrossed |
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LRB096 18651 RLC 35120 b |
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| of ketamine,
or an analog thereof;
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| (11) 200 grams or more of any substance containing any | 3 |
| other controlled
substance classified in Schedules I or II, | 4 |
| or an analog thereof, which is
not otherwise included in | 5 |
| this subsection.
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| (b) Any person sentenced with respect to violations of | 7 |
| paragraph (1),
(2), (3), (7), or (7.5) of subsection (a) | 8 |
| involving
100 grams or
more of the
controlled substance named | 9 |
| therein, may in addition to the penalties
provided therein, be | 10 |
| fined an amount not more than $500,000 or the full
street value | 11 |
| of the controlled or counterfeit substance or controlled | 12 |
| substance
analog, whichever is greater. The term "street value" | 13 |
| shall have the
meaning ascribed in Section 110-5 of the Code of | 14 |
| Criminal Procedure of
1963. Any person sentenced with respect | 15 |
| to any other provision of
subsection (a), may in addition to | 16 |
| the penalties provided therein, be fined
an amount not to | 17 |
| exceed $500,000. | 18 |
| (b-1) Excluding violations of this Act when the controlled | 19 |
| substance is fentanyl, any person sentenced to a term of | 20 |
| imprisonment with respect to violations of Section 401, 401.1, | 21 |
| 405, 405.1, 405.2, or 407, when the substance containing the | 22 |
| controlled substance contains any amount of fentanyl, 3 years | 23 |
| shall be added to the term of imprisonment imposed by the | 24 |
| court, and the maximum sentence for the offense shall be | 25 |
| increased by 3 years.
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| (c) Any person who violates this Section with regard to the
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HB5148 Engrossed |
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LRB096 18651 RLC 35120 b |
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| following amounts of controlled or counterfeit substances
or | 2 |
| controlled substance analogs, notwithstanding any of the | 3 |
| provisions of
subsections (a), (b), (d), (e), (f), (g) or (h) | 4 |
| to the
contrary, is guilty of a Class 1 felony. The fine for | 5 |
| violation of this
subsection (c) shall not be more than | 6 |
| $250,000:
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| (1) 1 gram or more but less than 5 15 grams of any
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| substance containing heroin, or an analog thereof;
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| (1.5) 1 gram or more but less than 15 grams of any | 10 |
| substance containing fentanyl, or an analog thereof;
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| (2) 1 gram or more but less than 15
grams of any | 12 |
| substance containing cocaine, or an analog thereof;
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| (3) 10 grams or more but less than 15 grams of any | 14 |
| substance
containing morphine, or an analog thereof;
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| (4) 50 grams or more but less than 200 grams of any | 16 |
| substance
containing peyote, or an analog thereof;
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| (5) 50 grams or more but less than 200 grams of any | 18 |
| substance
containing a derivative of barbituric acid or any | 19 |
| of the salts of a
derivative of barbituric acid, or an | 20 |
| analog thereof;
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| (6) 50 grams or more but less than 200 grams of any | 22 |
| substance
containing amphetamine or any salt of an optical | 23 |
| isomer
of amphetamine, or an analog thereof;
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| (6.5) (blank);
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| (7) (i) 5 grams or more but less than 15 grams of any | 26 |
| substance
containing lysergic acid diethylamide (LSD), or |
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HB5148 Engrossed |
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LRB096 18651 RLC 35120 b |
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| an analog thereof,
or (ii)
more than 10 objects or more | 2 |
| than 10 segregated parts of an object or objects
but less | 3 |
| than 15 objects or less than 15 segregated parts of an | 4 |
| object
containing in them or having upon them any amount of | 5 |
| any substance
containing lysergic acid diethylamide (LSD), | 6 |
| or an analog thereof;
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| (7.5) (i) 5 grams or more but less than 15 grams of any | 8 |
| substance listed
in paragraph (1), (2), (2.1), (2.2), (3), | 9 |
| (14.1), (19), (20), (20.1), (21), (25), or
(26) of | 10 |
| subsection (d) of Section 204, or an analog or derivative | 11 |
| thereof, or
(ii) more than 10 pills, tablets, caplets, | 12 |
| capsules, or objects but less than
15 pills, tablets, | 13 |
| caplets, capsules, or objects containing in them or having
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| upon them any amount of any substance listed in paragraph | 15 |
| (1), (2), (2.1),
(2.2), (3), (14.1), (19), (20), (20.1), | 16 |
| (21), (25), or (26) of subsection (d) of
Section 204, or an | 17 |
| analog or derivative thereof;
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| (8) 10 grams or more but less than 30 grams of any | 19 |
| substance
containing pentazocine or any of the salts, | 20 |
| isomers and salts of isomers of
pentazocine, or an analog | 21 |
| thereof;
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| (9) 10 grams or more but less than 30 grams of any | 23 |
| substance
containing methaqualone or any of the salts, | 24 |
| isomers and salts of isomers
of methaqualone, or an analog | 25 |
| thereof;
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| (10) 10 grams or more but less than 30 grams of any |
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HB5148 Engrossed |
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LRB096 18651 RLC 35120 b |
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| substance
containing phencyclidine or any of the salts, | 2 |
| isomers and salts of isomers
of phencyclidine (PCP), or an | 3 |
| analog thereof;
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| (10.5) 10 grams or more but less than 30 grams of any | 5 |
| substance
containing ketamine or any of the salts, isomers | 6 |
| and salts of
isomers of ketamine, or an analog thereof;
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| (11) 50 grams or more but less than 200 grams of any | 8 |
| substance
containing a substance classified in Schedules I | 9 |
| or II, or an analog
thereof, which is not otherwise | 10 |
| included in this subsection.
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| (c-5) (Blank).
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| (d) Any person who violates this Section with regard to any | 13 |
| other
amount of a controlled or counterfeit substance | 14 |
| classified in
Schedules I or II, or an analog thereof, which is | 15 |
| (i) a narcotic
drug, (ii) lysergic acid diethylamide (LSD) or | 16 |
| an analog thereof,
(iii) any
substance containing amphetamine | 17 |
| or fentanyl or any salt or optical
isomer of amphetamine or | 18 |
| fentanyl, or an analog thereof, or (iv) any
substance | 19 |
| containing N-Benzylpiperazine (BZP) or any salt or optical
| 20 |
| isomer of N-Benzylpiperazine (BZP), or an analog thereof, is | 21 |
| guilty
of a Class 2 felony. The fine for violation of this | 22 |
| subsection (d) shall
not be more than $200,000.
| 23 |
| (d-5) (Blank).
| 24 |
| (e) Any person who violates this Section with regard to any | 25 |
| other
amount of a controlled substance other than | 26 |
| methamphetamine or counterfeit substance classified in
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HB5148 Engrossed |
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LRB096 18651 RLC 35120 b |
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| Schedule I or II, or an analog thereof, which substance is not
| 2 |
| included under subsection (d) of this Section, is
guilty of a | 3 |
| Class 3 felony. The fine for violation of this subsection (e)
| 4 |
| shall not be more than $150,000.
| 5 |
| (f) Any person who violates this Section with regard to any | 6 |
| other
amount of a controlled or counterfeit substance | 7 |
| classified in
Schedule III is guilty of a Class 3 felony. The | 8 |
| fine for violation of
this subsection (f) shall not be more | 9 |
| than $125,000.
| 10 |
| (g) Any person who violates this Section with regard to any | 11 |
| other
amount of a controlled or counterfeit substance | 12 |
| classified
in Schedule IV is guilty of a Class 3 felony. The | 13 |
| fine for violation of
this subsection (g) shall not be more | 14 |
| than $100,000.
| 15 |
| (h) Any person who violates this Section with regard to any | 16 |
| other
amount of a controlled or counterfeit substance | 17 |
| classified in
Schedule V is guilty of a Class 3 felony. The | 18 |
| fine for violation of this
subsection (h) shall not be more | 19 |
| than $75,000.
| 20 |
| (i) This Section does not apply to the manufacture, | 21 |
| possession or
distribution of a substance in conformance with | 22 |
| the provisions of an approved
new drug application or an | 23 |
| exemption for investigational use within the
meaning of Section | 24 |
| 505 of the Federal Food, Drug and Cosmetic Act.
| 25 |
| (j) (Blank).
| 26 |
| (Source: P.A. 95-259, eff. 8-17-07; 96-347, eff. 1-1-10.)
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HB5148 Engrossed |
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LRB096 18651 RLC 35120 b |
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| Section 10. The Unified Code of Corrections is amended by | 2 |
| changing Section 5-5-3 as follows:
| 3 |
| (730 ILCS 5/5-5-3) (from Ch. 38, par. 1005-5-3)
| 4 |
| Sec. 5-5-3. Disposition.
| 5 |
| (a) (Blank).
| 6 |
| (b) (Blank).
| 7 |
| (c) (1) (Blank).
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| (2) A period of probation, a term of periodic | 9 |
| imprisonment or
conditional discharge shall not be imposed | 10 |
| for the following offenses.
The court shall sentence the | 11 |
| offender to not less than the minimum term
of imprisonment | 12 |
| set forth in this Code for the following offenses, and
may | 13 |
| order a fine or restitution or both in conjunction with | 14 |
| such term of
imprisonment:
| 15 |
| (A) First degree murder where the death penalty is | 16 |
| 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 | 21 |
| subdivision (c)(1), (c)(1.5) , or
(c)(2) of
Section 401 | 22 |
| of that Act which relates to more than 5 grams of a | 23 |
| substance
containing heroin, cocaine, fentanyl, or an | 24 |
| analog thereof.
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|
HB5148 Engrossed |
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LRB096 18651 RLC 35120 b |
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| 1 |
| (D-5) A violation of subdivision (c)(1) of
Section | 2 |
| 401 of the Illinois Controlled Substances Act which | 3 |
| relates to 3 or more grams of a substance
containing | 4 |
| heroin or an 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.
|
|
|
|
HB5148 Engrossed |
- 16 - |
LRB096 18651 RLC 35120 b |
|
| 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), |
|
|
|
HB5148 Engrossed |
- 17 - |
LRB096 18651 RLC 35120 b |
|
| 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 |
| (3) (Blank).
|
|
|
|
HB5148 Engrossed |
- 18 - |
LRB096 18651 RLC 35120 b |
|
| 1 |
| (4) A minimum term of imprisonment of not less than 10
| 2 |
| consecutive days or 30 days of community service shall be | 3 |
| imposed for a
violation of paragraph (c) of Section 6-303 | 4 |
| of the Illinois Vehicle Code.
| 5 |
| (4.1) (Blank).
| 6 |
| (4.2) Except as provided in paragraphs (4.3) and (4.8) | 7 |
| of this subsection (c), a
minimum of
100 hours of community | 8 |
| service shall be imposed for a second violation of
Section | 9 |
| 6-303
of the Illinois Vehicle Code.
| 10 |
| (4.3) A minimum term of imprisonment of 30 days or 300 | 11 |
| hours of community
service, as determined by the court, | 12 |
| shall
be imposed for a second violation of subsection (c) | 13 |
| of Section 6-303 of the
Illinois Vehicle Code.
| 14 |
| (4.4) Except as provided in paragraphs
(4.5), (4.6), | 15 |
| and (4.9) of this
subsection (c), a
minimum term of | 16 |
| imprisonment of 30 days or 300 hours of community service, | 17 |
| as
determined by the court, shall
be imposed
for a third or | 18 |
| subsequent violation of Section 6-303 of the Illinois | 19 |
| Vehicle
Code.
| 20 |
| (4.5) A minimum term of imprisonment of 30 days
shall | 21 |
| be imposed for a third violation of subsection (c) of
| 22 |
| Section 6-303 of the Illinois Vehicle Code.
| 23 |
| (4.6) Except as provided in paragraph (4.10) of this | 24 |
| subsection (c), a minimum term of imprisonment of 180 days | 25 |
| shall be imposed for a
fourth or subsequent violation of | 26 |
| subsection (c) of Section 6-303 of the
Illinois Vehicle |
|
|
|
HB5148 Engrossed |
- 19 - |
LRB096 18651 RLC 35120 b |
|
| 1 |
| Code.
| 2 |
| (4.7) A minimum term of imprisonment of not less than | 3 |
| 30 consecutive days, or 300 hours of community service, | 4 |
| shall be imposed for a violation of subsection (a-5) of | 5 |
| Section 6-303 of the Illinois Vehicle Code, as provided in | 6 |
| subsection (b-5) of that Section.
| 7 |
| (4.8) A mandatory prison sentence shall be imposed for | 8 |
| a second violation of subsection (a-5) of Section 6-303 of | 9 |
| the Illinois Vehicle Code, as provided in subsection (c-5) | 10 |
| of that Section. The person's driving privileges shall be | 11 |
| revoked for a period of not less than 5 years from the date | 12 |
| of his or her release from prison.
| 13 |
| (4.9) A mandatory prison sentence of not less than 4 | 14 |
| and not more than 15 years shall be imposed for a third | 15 |
| violation of subsection (a-5) of Section 6-303 of the | 16 |
| Illinois Vehicle Code, as provided in subsection (d-2.5) of | 17 |
| that Section. The person's driving privileges shall be | 18 |
| revoked for the remainder of his or her life.
| 19 |
| (4.10) A mandatory prison sentence for a Class 1 felony | 20 |
| shall be imposed, and the person shall be eligible for an | 21 |
| extended term sentence, for a fourth or subsequent | 22 |
| violation of subsection (a-5) of Section 6-303 of the | 23 |
| Illinois Vehicle Code, as provided in subsection (d-3.5) of | 24 |
| that Section. The person's driving privileges shall be | 25 |
| revoked for the remainder of his or her life.
| 26 |
| (5) The court may sentence a corporation or |
|
|
|
HB5148 Engrossed |
- 20 - |
LRB096 18651 RLC 35120 b |
|
| 1 |
| unincorporated
association convicted of any offense to:
| 2 |
| (A) a period of conditional discharge;
| 3 |
| (B) a fine;
| 4 |
| (C) make restitution to the victim under Section | 5 |
| 5-5-6 of this Code.
| 6 |
| (5.1) In addition to any other penalties imposed, and | 7 |
| except as provided in paragraph (5.2) or (5.3), a person
| 8 |
| convicted of violating subsection (c) of Section 11-907 of | 9 |
| the Illinois
Vehicle Code shall have his or her driver's | 10 |
| license, permit, or privileges
suspended for at least 90 | 11 |
| days but not more than one year, if the violation
resulted | 12 |
| in damage to the property of another person.
| 13 |
| (5.2) In addition to any other penalties imposed, and | 14 |
| except as provided in paragraph (5.3), a person convicted
| 15 |
| of violating subsection (c) of Section 11-907 of the | 16 |
| Illinois Vehicle Code
shall have his or her driver's | 17 |
| license, permit, or privileges suspended for at
least 180 | 18 |
| days but not more than 2 years, if the violation resulted | 19 |
| in injury
to
another person.
| 20 |
| (5.3) In addition to any other penalties imposed, a | 21 |
| person convicted of violating subsection (c) of Section
| 22 |
| 11-907 of the Illinois Vehicle Code shall have his or her | 23 |
| driver's license,
permit, or privileges suspended for 2 | 24 |
| years, if the violation resulted in the
death of another | 25 |
| person.
| 26 |
| (5.4) In addition to any other penalties imposed, a |
|
|
|
HB5148 Engrossed |
- 21 - |
LRB096 18651 RLC 35120 b |
|
| 1 |
| person convicted of violating Section 3-707 of the Illinois | 2 |
| Vehicle Code shall have his or her driver's license, | 3 |
| permit, or privileges suspended for 3 months and until he | 4 |
| or she has paid a reinstatement fee of $100. | 5 |
| (5.5) In addition to any other penalties imposed, a | 6 |
| person convicted of violating Section 3-707 of the Illinois | 7 |
| Vehicle Code during a period in which his or her driver's | 8 |
| license, permit, or privileges were suspended for a | 9 |
| previous violation of that Section shall have his or her | 10 |
| driver's license, permit, or privileges suspended for an | 11 |
| additional 6 months after the expiration of the original | 12 |
| 3-month suspension and until he or she has paid a | 13 |
| reinstatement fee of $100.
| 14 |
| (6) (Blank).
| 15 |
| (7) (Blank).
| 16 |
| (8) (Blank).
| 17 |
| (9) A defendant convicted of a second or subsequent | 18 |
| offense of ritualized
abuse of a child may be sentenced to | 19 |
| a term of natural life imprisonment.
| 20 |
| (10) (Blank).
| 21 |
| (11) The court shall impose a minimum fine of $1,000 | 22 |
| for a first offense
and $2,000 for a second or subsequent | 23 |
| offense upon a person convicted of or
placed on supervision | 24 |
| for battery when the individual harmed was a sports
| 25 |
| official or coach at any level of competition and the act | 26 |
| causing harm to the
sports
official or coach occurred |
|
|
|
HB5148 Engrossed |
- 22 - |
LRB096 18651 RLC 35120 b |
|
| 1 |
| within an athletic facility or within the immediate | 2 |
| vicinity
of the athletic facility at which the sports | 3 |
| official or coach was an active
participant
of the athletic | 4 |
| contest held at the athletic facility. For the purposes of
| 5 |
| this paragraph (11), "sports official" means a person at an | 6 |
| athletic contest
who enforces the rules of the contest, | 7 |
| such as an umpire or referee; "athletic facility" means an | 8 |
| indoor or outdoor playing field or recreational area where | 9 |
| sports activities are conducted;
and "coach" means a person | 10 |
| recognized as a coach by the sanctioning
authority that | 11 |
| conducted the sporting event. | 12 |
| (12) A person may not receive a disposition of court | 13 |
| supervision for a
violation of Section 5-16 of the Boat | 14 |
| Registration and Safety Act if that
person has previously | 15 |
| received a disposition of court supervision for a
violation | 16 |
| of that Section.
| 17 |
| (13) A person convicted of or placed on court | 18 |
| supervision for an assault or aggravated assault when the | 19 |
| victim and the offender are family or household members as | 20 |
| defined in Section 103 of the Illinois Domestic Violence | 21 |
| Act of 1986 or convicted of domestic battery or aggravated | 22 |
| domestic battery may be required to attend a Partner Abuse | 23 |
| Intervention Program under protocols set forth by the | 24 |
| Illinois Department of Human Services under such terms and | 25 |
| conditions imposed by the court. The costs of such classes | 26 |
| shall be paid by the offender.
|
|
|
|
HB5148 Engrossed |
- 23 - |
LRB096 18651 RLC 35120 b |
|
| 1 |
| (d) In any case in which a sentence originally imposed is | 2 |
| vacated,
the case shall be remanded to the trial court. The | 3 |
| trial court shall
hold a hearing under Section 5-4-1 of the | 4 |
| Unified Code of Corrections
which may include evidence of the | 5 |
| defendant's life, moral character and
occupation during the | 6 |
| time since the original sentence was passed. The
trial court | 7 |
| shall then impose sentence upon the defendant. The trial
court | 8 |
| may impose any sentence which could have been imposed at the
| 9 |
| original trial subject to Section 5-5-4 of the Unified Code of | 10 |
| Corrections.
If a sentence is vacated on appeal or on | 11 |
| collateral attack due to the
failure of the trier of fact at | 12 |
| trial to determine beyond a reasonable doubt
the
existence of a | 13 |
| fact (other than a prior conviction) necessary to increase the
| 14 |
| punishment for the offense beyond the statutory maximum | 15 |
| otherwise applicable,
either the defendant may be re-sentenced | 16 |
| to a term within the range otherwise
provided or, if the State | 17 |
| files notice of its intention to again seek the
extended | 18 |
| sentence, the defendant shall be afforded a new trial.
| 19 |
| (e) In cases where prosecution for
aggravated criminal | 20 |
| sexual abuse under Section 12-16 of the
Criminal Code of 1961 | 21 |
| results in conviction of a defendant
who was a family member of | 22 |
| the victim at the time of the commission of the
offense, the | 23 |
| court shall consider the safety and welfare of the victim and
| 24 |
| may impose a sentence of probation only where:
| 25 |
| (1) the court finds (A) or (B) or both are appropriate:
| 26 |
| (A) the defendant is willing to undergo a court |
|
|
|
HB5148 Engrossed |
- 24 - |
LRB096 18651 RLC 35120 b |
|
| 1 |
| approved counseling
program for a minimum duration of 2 | 2 |
| years; or
| 3 |
| (B) the defendant is willing to participate in a | 4 |
| court approved plan
including but not limited to the | 5 |
| defendant's:
| 6 |
| (i) removal from the household;
| 7 |
| (ii) restricted contact with the victim;
| 8 |
| (iii) continued financial support of the | 9 |
| family;
| 10 |
| (iv) restitution for harm done to the victim; | 11 |
| and
| 12 |
| (v) compliance with any other measures that | 13 |
| the court may
deem appropriate; and
| 14 |
| (2) the court orders the defendant to pay for the | 15 |
| victim's counseling
services, to the extent that the court | 16 |
| finds, after considering the
defendant's income and | 17 |
| assets, that the defendant is financially capable of
paying | 18 |
| for such services, if the victim was under 18 years of age | 19 |
| at the
time the offense was committed and requires | 20 |
| counseling as a result of the
offense.
| 21 |
| Probation may be revoked or modified pursuant to Section | 22 |
| 5-6-4; except
where the court determines at the hearing that | 23 |
| the defendant violated a
condition of his or her probation | 24 |
| restricting contact with the victim or
other family members or | 25 |
| commits another offense with the victim or other
family | 26 |
| members, the court shall revoke the defendant's probation and
|
|
|
|
HB5148 Engrossed |
- 25 - |
LRB096 18651 RLC 35120 b |
|
| 1 |
| impose a term of imprisonment.
| 2 |
| For the purposes of this Section, "family member" and | 3 |
| "victim" shall have
the meanings ascribed to them in Section | 4 |
| 12-12 of the Criminal Code of
1961.
| 5 |
| (f) (Blank).
| 6 |
| (g) Whenever a defendant is convicted of an offense under | 7 |
| Sections
11-14, 11-15, 11-15.1, 11-16, 11-17, 11-18, 11-18.1, | 8 |
| 11-19, 11-19.1, 11-19.2,
12-13, 12-14, 12-14.1, 12-15 or 12-16 | 9 |
| of the Criminal Code of 1961,
the defendant shall undergo | 10 |
| medical testing to
determine whether the defendant has any | 11 |
| sexually transmissible disease,
including a test for infection | 12 |
| with human immunodeficiency virus (HIV) or
any other identified | 13 |
| causative agent of acquired immunodeficiency syndrome
(AIDS). | 14 |
| Any such medical test shall be performed only by appropriately
| 15 |
| licensed medical practitioners and may include an analysis of | 16 |
| any bodily
fluids as well as an examination of the defendant's | 17 |
| person.
Except as otherwise provided by law, the results of | 18 |
| such test shall be kept
strictly confidential by all medical | 19 |
| personnel involved in the testing and must
be personally | 20 |
| delivered in a sealed envelope to the judge of the court in | 21 |
| which
the conviction was entered for the judge's inspection in | 22 |
| camera. Acting in
accordance with the best interests of the | 23 |
| victim and the public, the judge
shall have the discretion to | 24 |
| determine to whom, if anyone, the results of the
testing may be | 25 |
| revealed. The court shall notify the defendant
of the test | 26 |
| results. The court shall
also notify the victim if requested by |
|
|
|
HB5148 Engrossed |
- 26 - |
LRB096 18651 RLC 35120 b |
|
| 1 |
| the victim, and if the victim is under
the age of 15 and if | 2 |
| requested by the victim's parents or legal guardian, the
court | 3 |
| shall notify the victim's parents or legal guardian of the test
| 4 |
| results.
The court shall provide information on the | 5 |
| availability of HIV testing
and counseling at Department of | 6 |
| Public Health facilities to all parties to
whom the results of | 7 |
| the testing are revealed and shall direct the State's
Attorney | 8 |
| to provide the information to the victim when possible.
A | 9 |
| State's Attorney may petition the court to obtain the results | 10 |
| of any HIV test
administered under this Section, and the court | 11 |
| shall grant the disclosure if
the State's Attorney shows it is | 12 |
| relevant in order to prosecute a charge of
criminal | 13 |
| transmission of HIV under Section 12-16.2 of the Criminal Code | 14 |
| of 1961
against the defendant. The court shall order that the | 15 |
| cost of any such test
shall be paid by the county and may be | 16 |
| taxed as costs against the convicted
defendant.
| 17 |
| (g-5) When an inmate is tested for an airborne communicable | 18 |
| disease, as
determined by the Illinois Department of Public | 19 |
| Health including but not
limited to tuberculosis, the results | 20 |
| of the test shall be
personally delivered by the warden or his | 21 |
| or her designee in a sealed envelope
to the judge of the court | 22 |
| in which the inmate must appear for the judge's
inspection in | 23 |
| camera if requested by the judge. Acting in accordance with the
| 24 |
| best interests of those in the courtroom, the judge shall have | 25 |
| the discretion
to determine what if any precautions need to be | 26 |
| taken to prevent transmission
of the disease in the courtroom.
|
|
|
|
HB5148 Engrossed |
- 27 - |
LRB096 18651 RLC 35120 b |
|
| 1 |
| (h) Whenever a defendant is convicted of an offense under | 2 |
| Section 1 or 2
of the Hypodermic Syringes and Needles Act, the | 3 |
| defendant shall undergo
medical testing to determine whether | 4 |
| the defendant has been exposed to human
immunodeficiency virus | 5 |
| (HIV) or any other identified causative agent of
acquired | 6 |
| immunodeficiency syndrome (AIDS). Except as otherwise provided | 7 |
| by
law, the results of such test shall be kept strictly | 8 |
| confidential by all
medical personnel involved in the testing | 9 |
| and must be personally delivered in a
sealed envelope to the | 10 |
| judge of the court in which the conviction was entered
for the | 11 |
| judge's inspection in camera. Acting in accordance with the | 12 |
| best
interests of the public, the judge shall have the | 13 |
| discretion to determine to
whom, if anyone, the results of the | 14 |
| testing may be revealed. The court shall
notify the defendant | 15 |
| of a positive test showing an infection with the human
| 16 |
| immunodeficiency virus (HIV). The court shall provide | 17 |
| information on the
availability of HIV testing and counseling | 18 |
| at Department of Public Health
facilities to all parties to | 19 |
| whom the results of the testing are revealed and
shall direct | 20 |
| the State's Attorney to provide the information to the victim | 21 |
| when
possible. A State's Attorney may petition the court to | 22 |
| obtain the results of
any HIV test administered under this | 23 |
| Section, and the court shall grant the
disclosure if the | 24 |
| State's Attorney shows it is relevant in order to prosecute a
| 25 |
| charge of criminal transmission of HIV under Section 12-16.2 of | 26 |
| the Criminal
Code of 1961 against the defendant. The court |
|
|
|
HB5148 Engrossed |
- 28 - |
LRB096 18651 RLC 35120 b |
|
| 1 |
| shall order that the cost of any
such test shall be paid by the | 2 |
| county and may be taxed as costs against the
convicted | 3 |
| defendant.
| 4 |
| (i) All fines and penalties imposed under this Section for | 5 |
| any violation
of Chapters 3, 4, 6, and 11 of the Illinois | 6 |
| Vehicle Code, or a similar
provision of a local ordinance, and | 7 |
| any violation
of the Child Passenger Protection Act, or a | 8 |
| similar provision of a local
ordinance, shall be collected and | 9 |
| disbursed by the circuit
clerk as provided under Section 27.5 | 10 |
| of the Clerks of Courts Act.
| 11 |
| (j) In cases when prosecution for any violation of Section | 12 |
| 11-6, 11-8,
11-9, 11-11, 11-14, 11-15, 11-15.1, 11-16, 11-17, | 13 |
| 11-17.1, 11-18, 11-18.1,
11-19, 11-19.1, 11-19.2, 11-20.1, | 14 |
| 11-21, 12-13, 12-14, 12-14.1, 12-15, or
12-16 of the
Criminal | 15 |
| Code of 1961, any violation of the Illinois Controlled | 16 |
| Substances Act,
any violation of the Cannabis Control Act, or | 17 |
| any violation of the Methamphetamine Control and Community | 18 |
| Protection Act results in conviction, a
disposition of court | 19 |
| supervision, or an order of probation granted under
Section 10 | 20 |
| of the Cannabis Control Act, Section 410 of the Illinois
| 21 |
| Controlled Substance Act, or Section 70 of the Methamphetamine | 22 |
| Control and Community Protection Act of a defendant, the court | 23 |
| shall determine whether the
defendant is employed by a facility | 24 |
| or center as defined under the Child Care
Act of 1969, a public | 25 |
| or private elementary or secondary school, or otherwise
works | 26 |
| with children under 18 years of age on a daily basis. When a |
|
|
|
HB5148 Engrossed |
- 29 - |
LRB096 18651 RLC 35120 b |
|
| 1 |
| defendant
is so employed, the court shall order the Clerk of | 2 |
| the Court to send a copy of
the judgment of conviction or order | 3 |
| of supervision or probation to the
defendant's employer by | 4 |
| certified mail.
If the employer of the defendant is a school, | 5 |
| the Clerk of the Court shall
direct the mailing of a copy of | 6 |
| the judgment of conviction or order of
supervision or probation | 7 |
| to the appropriate regional superintendent of schools.
The | 8 |
| regional superintendent of schools shall notify the State Board | 9 |
| of
Education of any notification under this subsection.
| 10 |
| (j-5) A defendant at least 17 years of age who is convicted | 11 |
| of a felony and
who has not been previously convicted of a | 12 |
| misdemeanor or felony and who is
sentenced to a term of | 13 |
| imprisonment in the Illinois Department of Corrections
shall as | 14 |
| a condition of his or her sentence be required by the court to | 15 |
| attend
educational courses designed to prepare the defendant | 16 |
| for a high school diploma
and to work toward a high school | 17 |
| diploma or to work toward passing the high
school level Test of | 18 |
| General Educational Development (GED) or to work toward
| 19 |
| completing a vocational training program offered by the | 20 |
| Department of
Corrections. If a defendant fails to complete the | 21 |
| educational training
required by his or her sentence during the | 22 |
| term of incarceration, the Prisoner
Review Board shall, as a | 23 |
| condition of mandatory supervised release, require the
| 24 |
| defendant, at his or her own expense, to pursue a course of | 25 |
| study toward a high
school diploma or passage of the GED test. | 26 |
| The Prisoner Review Board shall
revoke the mandatory supervised |
|
|
|
HB5148 Engrossed |
- 30 - |
LRB096 18651 RLC 35120 b |
|
| 1 |
| release of a defendant who wilfully fails to
comply with this | 2 |
| subsection (j-5) upon his or her release from confinement in a
| 3 |
| penal institution while serving a mandatory supervised release | 4 |
| term; however,
the inability of the defendant after making a | 5 |
| good faith effort to obtain
financial aid or pay for the | 6 |
| educational training shall not be deemed a wilful
failure to | 7 |
| comply. The Prisoner Review Board shall recommit the defendant
| 8 |
| whose mandatory supervised release term has been revoked under | 9 |
| this subsection
(j-5) as provided in Section 3-3-9. This | 10 |
| subsection (j-5) does not apply to a
defendant who has a high | 11 |
| school diploma or has successfully passed the GED
test. This | 12 |
| subsection (j-5) does not apply to a defendant who is | 13 |
| determined by
the court to be developmentally disabled or | 14 |
| otherwise mentally incapable of
completing the educational or | 15 |
| vocational program.
| 16 |
| (k) (Blank).
| 17 |
| (l) (A) Except as provided
in paragraph (C) of subsection | 18 |
| (l), whenever a defendant,
who is an alien as defined by | 19 |
| the Immigration and Nationality Act, is convicted
of any | 20 |
| felony or misdemeanor offense, the court after sentencing | 21 |
| the defendant
may, upon motion of the State's Attorney, | 22 |
| hold sentence in abeyance and remand
the defendant to the | 23 |
| custody of the Attorney General of
the United States or his | 24 |
| or her designated agent to be deported when:
| 25 |
| (1) a final order of deportation has been issued | 26 |
| against the defendant
pursuant to proceedings under |
|
|
|
HB5148 Engrossed |
- 31 - |
LRB096 18651 RLC 35120 b |
|
| 1 |
| the Immigration and Nationality Act, and
| 2 |
| (2) the deportation of the defendant would not | 3 |
| deprecate the seriousness
of the defendant's conduct | 4 |
| and would not be inconsistent with the ends of
justice.
| 5 |
| Otherwise, the defendant shall be sentenced as | 6 |
| provided in this Chapter V.
| 7 |
| (B) If the defendant has already been sentenced for a | 8 |
| felony or
misdemeanor
offense, or has been placed on | 9 |
| probation under Section 10 of the Cannabis
Control Act,
| 10 |
| Section 410 of the Illinois Controlled Substances Act, or | 11 |
| Section 70 of the Methamphetamine Control and Community | 12 |
| Protection Act, the court
may, upon motion of the State's | 13 |
| Attorney to suspend the
sentence imposed, commit the | 14 |
| defendant to the custody of the Attorney General
of the | 15 |
| United States or his or her designated agent when:
| 16 |
| (1) a final order of deportation has been issued | 17 |
| against the defendant
pursuant to proceedings under | 18 |
| the Immigration and Nationality Act, and
| 19 |
| (2) the deportation of the defendant would not | 20 |
| deprecate the seriousness
of the defendant's conduct | 21 |
| and would not be inconsistent with the ends of
justice.
| 22 |
| (C) This subsection (l) does not apply to offenders who | 23 |
| are subject to the
provisions of paragraph (2) of | 24 |
| subsection (a) of Section 3-6-3.
| 25 |
| (D) Upon motion of the State's Attorney, if a defendant | 26 |
| sentenced under
this Section returns to the jurisdiction of |
|
|
|
HB5148 Engrossed |
- 32 - |
LRB096 18651 RLC 35120 b |
|
| 1 |
| the United States, the defendant
shall be recommitted to | 2 |
| the custody of the county from which he or she was
| 3 |
| sentenced.
Thereafter, the defendant shall be brought | 4 |
| before the sentencing court, which
may impose any sentence | 5 |
| that was available under Section 5-5-3 at the time of
| 6 |
| initial sentencing. In addition, the defendant shall not be | 7 |
| eligible for
additional good conduct credit for | 8 |
| meritorious service as provided under
Section 3-6-6.
| 9 |
| (m) A person convicted of criminal defacement of property | 10 |
| under Section
21-1.3 of the Criminal Code of 1961, in which the | 11 |
| property damage exceeds $300
and the property damaged is a | 12 |
| school building, shall be ordered to perform
community service | 13 |
| that may include cleanup, removal, or painting over the
| 14 |
| defacement.
| 15 |
| (n) The court may sentence a person convicted of a | 16 |
| violation of Section
12-19, 12-21, or 16-1.3 of the Criminal | 17 |
| Code of 1961 (i) to an impact
incarceration program if the | 18 |
| person is otherwise eligible for that program
under Section | 19 |
| 5-8-1.1, (ii) to community service, or (iii) if the person is | 20 |
| an
addict or alcoholic, as defined in the Alcoholism and Other | 21 |
| Drug Abuse and
Dependency Act, to a substance or alcohol abuse | 22 |
| program licensed under that
Act. | 23 |
| (o) Whenever a person is convicted of a sex offense as | 24 |
| defined in Section 2 of the Sex Offender Registration Act, the | 25 |
| defendant's driver's license or permit shall be subject to | 26 |
| renewal on an annual basis in accordance with the provisions of |
|
|
|
HB5148 Engrossed |
- 33 - |
LRB096 18651 RLC 35120 b |
|
| 1 |
| license renewal established by the Secretary of State.
| 2 |
| (Source: P.A. 95-188, eff. 8-16-07; 95-259, eff. 8-17-07; | 3 |
| 95-331, eff. 8-21-07; 95-377, eff. 1-1-08; 95-579, eff. 6-1-08; | 4 |
| 95-876, eff. 8-21-08; 95-882, eff. 1-1-09; 95-1052, eff. | 5 |
| 7-1-09; 96-348, eff. 8-12-09; 96-400, eff. 8-13-09; 96-829, | 6 |
| eff. 12-3-09.)
|
|