Full Text of HB5883 99th General Assembly
HB5883 99TH GENERAL ASSEMBLY |
| | 99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016 HB5883 Introduced , by Rep. Katherine Cloonen SYNOPSIS AS INTRODUCED: |
| 730 ILCS 5/5-5-3 | from Ch. 38, par. 1005-5-3 |
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Amends the Unified Code of Corrections. Provides that a period of probation, a term of periodic imprisonment or
conditional discharge shall not be imposed for an offense that requires registration under the Sex Offender Registration Act.
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| | | CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY | |
| | A BILL FOR |
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| 1 | | AN ACT concerning criminal law.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Unified Code of Corrections is amended by | 5 | | changing Section 5-5-3 as follows:
| 6 | | (730 ILCS 5/5-5-3) (from Ch. 38, par. 1005-5-3)
| 7 | | Sec. 5-5-3. Disposition.
| 8 | | (a) (Blank).
| 9 | | (b) (Blank).
| 10 | | (c) (1) (Blank).
| 11 | | (2) A period of probation, a term of periodic imprisonment | 12 | | or
conditional discharge shall not be imposed for the following | 13 | | offenses.
The court shall sentence the offender to not less | 14 | | than the minimum term
of imprisonment set forth in this Code | 15 | | for the following offenses, and
may order a fine or restitution | 16 | | or both in conjunction with such term of
imprisonment:
| 17 | | (A) First degree murder where the death penalty is not | 18 | | imposed.
| 19 | | (B) Attempted first degree murder.
| 20 | | (C) A Class X felony.
| 21 | | (D) A violation of Section 401.1 or 407 of the
Illinois | 22 | | Controlled Substances Act, or a violation of subdivision | 23 | | (c)(1.5) or
(c)(2) of
Section 401 of that Act which relates |
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| 1 | | to more than 5 grams of a substance
containing cocaine, | 2 | | fentanyl, or an analog thereof.
| 3 | | (D-5) A violation of subdivision (c)(1) of
Section 401 | 4 | | of the Illinois Controlled Substances Act which relates to | 5 | | 3 or more grams of a substance
containing heroin or an | 6 | | analog thereof. | 7 | | (E) A violation of Section 5.1 or 9 of the Cannabis | 8 | | Control
Act.
| 9 | | (F) A Class 2 or greater felony if the offender had | 10 | | been convicted
of a Class 2 or greater felony, including | 11 | | any state or federal conviction for an offense that | 12 | | contained, at the time it was committed, the same elements | 13 | | as an offense now (the date of the offense committed after | 14 | | the prior Class 2 or greater felony) classified as a Class | 15 | | 2 or greater felony, within 10 years of the date on which | 16 | | the
offender
committed the offense for which he or she is | 17 | | being sentenced, except as
otherwise provided in Section | 18 | | 40-10 of the Alcoholism and Other Drug Abuse and
Dependency | 19 | | Act.
| 20 | | (F-5) A violation of Section 24-1, 24-1.1, or 24-1.6 of | 21 | | the Criminal Code of 1961 or the Criminal Code of 2012 for | 22 | | which imprisonment is prescribed in those Sections. | 23 | | (G) Residential burglary, except as otherwise provided | 24 | | in Section 40-10
of the Alcoholism and Other Drug Abuse and | 25 | | Dependency Act.
| 26 | | (H) Criminal sexual assault.
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| 1 | | (I) Aggravated battery of a senior citizen as described | 2 | | in Section 12-4.6 or subdivision (a)(4) of Section 12-3.05 | 3 | | of the Criminal Code of 1961 or the Criminal Code of 2012.
| 4 | | (J) A forcible felony if the offense was related to the | 5 | | activities of an
organized gang.
| 6 | | Before July 1, 1994, for the purposes of this | 7 | | paragraph, "organized
gang" means an association of 5 or | 8 | | more persons, with an established hierarchy,
that | 9 | | encourages members of the association to perpetrate crimes | 10 | | or provides
support to the members of the association who | 11 | | do commit crimes.
| 12 | | Beginning July 1, 1994, for the purposes of this | 13 | | paragraph,
"organized gang" has the meaning ascribed to it | 14 | | in Section 10 of the Illinois
Streetgang Terrorism Omnibus | 15 | | Prevention Act.
| 16 | | (K) Vehicular hijacking.
| 17 | | (L) A second or subsequent conviction for the offense | 18 | | of hate crime
when the underlying offense upon which the | 19 | | hate crime is based is felony
aggravated
assault or felony | 20 | | mob action.
| 21 | | (M) A second or subsequent conviction for the offense | 22 | | of institutional
vandalism if the damage to the property | 23 | | exceeds $300.
| 24 | | (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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| 1 | | (O) A violation of Section 12-6.1 or 12-6.5 of the | 2 | | Criminal Code of 1961 or the Criminal Code of 2012.
| 3 | | (P) A violation of paragraph (1), (2), (3), (4), (5), | 4 | | or (7) of
subsection (a)
of Section 11-20.1 of the Criminal | 5 | | Code of 1961 or the Criminal Code of 2012.
| 6 | | (Q) A violation of subsection (b) or (b-5) of Section | 7 | | 20-1, Section 20-1.2, or Section 20-1.3 of the Criminal | 8 | | Code of
1961 or the Criminal Code of 2012.
| 9 | | (R) A violation of Section 24-3A of the Criminal Code | 10 | | of
1961 or the Criminal Code of 2012.
| 11 | | (S) (Blank).
| 12 | | (T) A second or subsequent violation of the | 13 | | Methamphetamine Control and Community Protection Act.
| 14 | | (U) A second or subsequent violation of Section 6-303 | 15 | | of the Illinois Vehicle Code committed while his or her | 16 | | driver's license, permit, or privilege was revoked because | 17 | | of a violation of Section 9-3 of the Criminal Code of 1961 | 18 | | or the Criminal Code of 2012, relating to the offense of | 19 | | reckless homicide, or a similar provision of a law of | 20 | | another state.
| 21 | | (V)
A violation of paragraph (4) of subsection (c) of | 22 | | Section 11-20.1B or paragraph (4) of subsection (c) of | 23 | | Section 11-20.3 of the Criminal Code of 1961, or paragraph | 24 | | (6) of subsection (a) of Section 11-20.1 of the Criminal | 25 | | Code of 2012 when the victim is under 13 years of age and | 26 | | the defendant has previously been convicted under the laws |
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| 1 | | of this State or any other state of the offense of child | 2 | | pornography, aggravated child pornography, aggravated | 3 | | criminal sexual abuse, aggravated criminal sexual assault, | 4 | | predatory criminal sexual assault of a child, or any of the | 5 | | offenses formerly known as rape, deviate sexual assault, | 6 | | indecent liberties with a child, or aggravated indecent | 7 | | liberties with a child where the victim was under the age | 8 | | of 18 years or an offense that is substantially equivalent | 9 | | to those offenses. | 10 | | (W) A violation of Section 24-3.5 of the Criminal Code | 11 | | of 1961 or the Criminal Code of 2012.
| 12 | | (X) A violation of subsection (a) of Section 31-1a of | 13 | | the Criminal Code of 1961 or the Criminal Code of 2012. | 14 | | (Y) A conviction for unlawful possession of a firearm | 15 | | by a street gang member when the firearm was loaded or | 16 | | contained firearm ammunition. | 17 | | (Z) A Class 1 felony committed while he or she was | 18 | | serving a term of probation or conditional discharge for a | 19 | | felony. | 20 | | (AA) Theft of property exceeding $500,000 and not | 21 | | exceeding $1,000,000 in value. | 22 | | (BB) Laundering of criminally derived property of a | 23 | | value exceeding
$500,000. | 24 | | (CC) Knowingly selling, offering for sale, holding for | 25 | | sale, or using 2,000 or more counterfeit items or | 26 | | counterfeit items having a retail value in the aggregate of |
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| 1 | | $500,000 or more. | 2 | | (DD) A conviction for aggravated assault under | 3 | | paragraph (6) of subsection (c) of Section 12-2 of the | 4 | | Criminal Code of 1961 or the Criminal Code of 2012 if the | 5 | | firearm is aimed toward the person against whom the firearm | 6 | | is being used. | 7 | | (EE) An offense that requires registration under the | 8 | | Sex Offender Registration Act. | 9 | | (3) (Blank).
| 10 | | (4) A minimum term of imprisonment of not less than 10
| 11 | | consecutive days or 30 days of community service shall be | 12 | | imposed for a
violation of paragraph (c) of Section 6-303 of | 13 | | the Illinois Vehicle Code.
| 14 | | (4.1) (Blank).
| 15 | | (4.2) Except as provided in paragraphs (4.3) and (4.8) of | 16 | | this subsection (c), a
minimum of
100 hours of community | 17 | | service shall be imposed for a second violation of
Section | 18 | | 6-303
of the Illinois Vehicle Code.
| 19 | | (4.3) A minimum term of imprisonment of 30 days or 300 | 20 | | hours of community
service, as determined by the court, shall
| 21 | | be imposed for a second violation of subsection (c) of Section | 22 | | 6-303 of the
Illinois Vehicle Code.
| 23 | | (4.4) Except as provided in paragraphs
(4.5), (4.6), and | 24 | | (4.9) of this
subsection (c), a
minimum term of imprisonment of | 25 | | 30 days or 300 hours of community service, as
determined by the | 26 | | court, shall
be imposed
for a third or subsequent violation of |
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| 1 | | Section 6-303 of the Illinois Vehicle
Code.
| 2 | | (4.5) A minimum term of imprisonment of 30 days
shall be | 3 | | imposed for a third violation of subsection (c) of
Section | 4 | | 6-303 of the Illinois Vehicle Code.
| 5 | | (4.6) Except as provided in paragraph (4.10) of this | 6 | | subsection (c), a minimum term of imprisonment of 180 days | 7 | | shall be imposed for a
fourth or subsequent violation of | 8 | | subsection (c) of Section 6-303 of the
Illinois Vehicle Code.
| 9 | | (4.7) A minimum term of imprisonment of not less than 30 | 10 | | consecutive days, or 300 hours of community service, shall be | 11 | | imposed for a violation of subsection (a-5) of Section 6-303 of | 12 | | the Illinois Vehicle Code, as provided in subsection (b-5) of | 13 | | that Section.
| 14 | | (4.8) A mandatory prison sentence shall be imposed for a | 15 | | second violation of subsection (a-5) of Section 6-303 of the | 16 | | Illinois Vehicle Code, as provided in subsection (c-5) of that | 17 | | Section. The person's driving privileges shall be revoked for a | 18 | | period of not less than 5 years from the date of his or her | 19 | | release from prison.
| 20 | | (4.9) A mandatory prison sentence of not less than 4 and | 21 | | not more than 15 years shall be imposed for a third violation | 22 | | of subsection (a-5) of Section 6-303 of the Illinois Vehicle | 23 | | Code, as provided in subsection (d-2.5) of that Section. The | 24 | | person's driving privileges shall be revoked for the remainder | 25 | | of his or her life.
| 26 | | (4.10) A mandatory prison sentence for a Class 1 felony |
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| 1 | | shall be imposed, and the person shall be eligible for an | 2 | | extended term sentence, for a fourth or subsequent violation of | 3 | | subsection (a-5) of Section 6-303 of the Illinois Vehicle Code, | 4 | | as provided in subsection (d-3.5) of that Section. The person's | 5 | | driving privileges shall be revoked for the remainder of his or | 6 | | her life.
| 7 | | (5) The court may sentence a corporation or unincorporated
| 8 | | association convicted of any offense to:
| 9 | | (A) a period of conditional discharge;
| 10 | | (B) a fine;
| 11 | | (C) make restitution to the victim under Section 5-5-6 | 12 | | of this Code.
| 13 | | (5.1) In addition to any other penalties imposed, and | 14 | | except as provided in paragraph (5.2) or (5.3), a person
| 15 | | convicted of violating subsection (c) of Section 11-907 of the | 16 | | Illinois
Vehicle Code shall have his or her driver's license, | 17 | | permit, or privileges
suspended for at least 90 days but not | 18 | | more than one year, if the violation
resulted in damage to the | 19 | | property of another person.
| 20 | | (5.2) In addition to any other penalties imposed, and | 21 | | except as provided in paragraph (5.3), a person convicted
of | 22 | | violating subsection (c) of Section 11-907 of the Illinois | 23 | | Vehicle Code
shall have his or her driver's license, permit, or | 24 | | privileges suspended for at
least 180 days but not more than 2 | 25 | | years, if the violation resulted in injury
to
another person.
| 26 | | (5.3) In addition to any other penalties imposed, a person |
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| 1 | | convicted of violating subsection (c) of Section
11-907 of the | 2 | | Illinois Vehicle Code shall have his or her driver's license,
| 3 | | permit, or privileges suspended for 2 years, if the violation | 4 | | resulted in the
death of another person.
| 5 | | (5.4) In addition to any other penalties imposed, a person | 6 | | convicted of violating Section 3-707 of the Illinois Vehicle | 7 | | Code shall have his or her driver's license, permit, or | 8 | | privileges suspended for 3 months and until he or she has paid | 9 | | a reinstatement fee of $100. | 10 | | (5.5) In addition to any other penalties imposed, a person | 11 | | convicted of violating Section 3-707 of the Illinois Vehicle | 12 | | Code during a period in which his or her driver's license, | 13 | | permit, or privileges were suspended for a previous violation | 14 | | of that Section shall have his or her driver's license, permit, | 15 | | or privileges suspended for an additional 6 months after the | 16 | | expiration of the original 3-month suspension and until he or | 17 | | she has paid a reinstatement fee of $100.
| 18 | | (6) (Blank).
| 19 | | (7) (Blank).
| 20 | | (8) (Blank).
| 21 | | (9) A defendant convicted of a second or subsequent offense | 22 | | of ritualized
abuse of a child may be sentenced to a term of | 23 | | natural life imprisonment.
| 24 | | (10) (Blank).
| 25 | | (11) The court shall impose a minimum fine of $1,000 for a | 26 | | first offense
and $2,000 for a second or subsequent offense |
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| 1 | | upon a person convicted of or
placed on supervision for battery | 2 | | when the individual harmed was a sports
official or coach at | 3 | | any level of competition and the act causing harm to the
sports
| 4 | | official or coach occurred within an athletic facility or | 5 | | within the immediate vicinity
of the athletic facility at which | 6 | | the sports official or coach was an active
participant
of the | 7 | | athletic contest held at the athletic facility. For the | 8 | | purposes of
this paragraph (11), "sports official" means a | 9 | | person at an athletic contest
who enforces the rules of the | 10 | | contest, such as an umpire or referee; "athletic facility" | 11 | | means an indoor or outdoor playing field or recreational area | 12 | | where sports activities are conducted;
and "coach" means a | 13 | | person 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 of | 19 | | that Section.
| 20 | | (13) A person convicted of or placed on court supervision | 21 | | for an assault or aggravated assault when the victim and the | 22 | | offender are family or household members as defined in Section | 23 | | 103 of the Illinois Domestic Violence Act of 1986 or convicted | 24 | | of domestic battery or aggravated domestic battery may be | 25 | | required to attend a Partner Abuse Intervention Program under | 26 | | protocols set forth by the Illinois Department of Human |
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| 1 | | Services under such terms and conditions imposed by the court. | 2 | | The costs of such classes shall be paid by the offender.
| 3 | | (d) In any case in which a sentence originally imposed is | 4 | | vacated,
the case shall be remanded to the trial court. The | 5 | | trial court shall
hold a hearing under Section 5-4-1 of the | 6 | | Unified Code of Corrections
which may include evidence of the | 7 | | defendant's life, moral character and
occupation during the | 8 | | time since the original sentence was passed. The
trial court | 9 | | shall then impose sentence upon the defendant. The trial
court | 10 | | may impose any sentence which could have been imposed at the
| 11 | | original trial subject to Section 5-5-4 of the Unified Code of | 12 | | Corrections.
If a sentence is vacated on appeal or on | 13 | | collateral attack due to the
failure of the trier of fact at | 14 | | trial to determine beyond a reasonable doubt
the
existence of a | 15 | | fact (other than a prior conviction) necessary to increase the
| 16 | | punishment for the offense beyond the statutory maximum | 17 | | otherwise applicable,
either the defendant may be re-sentenced | 18 | | to a term within the range otherwise
provided or, if the State | 19 | | files notice of its intention to again seek the
extended | 20 | | sentence, the defendant shall be afforded a new trial.
| 21 | | (e) In cases where prosecution for
aggravated criminal | 22 | | sexual abuse under Section 11-1.60 or 12-16 of the
Criminal | 23 | | Code of 1961 or the Criminal Code of 2012 results in conviction | 24 | | of a defendant
who was a family member of the victim at the | 25 | | time of the commission of the
offense, the court shall consider | 26 | | the safety and welfare of the victim and
may impose a sentence |
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| 1 | | of probation only where:
| 2 | | (1) the court finds (A) or (B) or both are appropriate:
| 3 | | (A) the defendant is willing to undergo a court | 4 | | approved counseling
program for a minimum duration of 2 | 5 | | years; or
| 6 | | (B) the defendant is willing to participate in a | 7 | | court approved plan
including but not limited to the | 8 | | defendant's:
| 9 | | (i) removal from the household;
| 10 | | (ii) restricted contact with the victim;
| 11 | | (iii) continued financial support of the | 12 | | family;
| 13 | | (iv) restitution for harm done to the victim; | 14 | | and
| 15 | | (v) compliance with any other measures that | 16 | | the court may
deem appropriate; and
| 17 | | (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.
| 24 | | 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 | | 11-0.1 of the Criminal Code of
2012.
| 8 | | (f) (Blank).
| 9 | | (g) Whenever a defendant is convicted of an offense under | 10 | | Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60,
11-14, | 11 | | 11-14.3, 11-14.4 except for an offense that involves keeping a | 12 | | place of juvenile prostitution, 11-15, 11-15.1, 11-16, 11-17, | 13 | | 11-18, 11-18.1, 11-19, 11-19.1, 11-19.2,
12-13, 12-14, | 14 | | 12-14.1, 12-15 or 12-16 of the Criminal Code of 1961 or the | 15 | | Criminal Code of 2012,
the defendant shall undergo medical | 16 | | testing to
determine whether the defendant has any sexually | 17 | | transmissible disease,
including a test for infection with | 18 | | human immunodeficiency virus (HIV) or
any other identified | 19 | | causative agent of acquired immunodeficiency syndrome
(AIDS). | 20 | | Any such medical test shall be performed only by appropriately
| 21 | | licensed medical practitioners and may include an analysis of | 22 | | any bodily
fluids as well as an examination of the defendant's | 23 | | person.
Except as otherwise provided by law, the results of | 24 | | such test shall be kept
strictly confidential by all medical | 25 | | personnel involved in the testing and must
be personally | 26 | | delivered in a sealed envelope to the judge of the court in |
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| 1 | | which
the conviction was entered for the judge's inspection in | 2 | | camera. Acting in
accordance with the best interests of the | 3 | | victim and the public, the judge
shall have the discretion to | 4 | | determine to whom, if anyone, the results of the
testing may be | 5 | | revealed. The court shall notify the defendant
of the test | 6 | | results. The court shall
also notify the victim if requested by | 7 | | the victim, and if the victim is under
the age of 15 and if | 8 | | requested by the victim's parents or legal guardian, the
court | 9 | | shall notify the victim's parents or legal guardian of the test
| 10 | | results.
The court shall provide information on the | 11 | | availability of HIV testing
and counseling at Department of | 12 | | Public Health facilities to all parties to
whom the results of | 13 | | the testing are revealed and shall direct the State's
Attorney | 14 | | to provide the information to the victim when possible.
A | 15 | | State's Attorney may petition the court to obtain the results | 16 | | of any HIV test
administered under this Section, and the court | 17 | | shall grant the disclosure if
the State's Attorney shows it is | 18 | | relevant in order to prosecute a charge of
criminal | 19 | | transmission of HIV under Section 12-5.01 or 12-16.2 of the | 20 | | Criminal Code of 1961 or the Criminal Code of 2012
against the | 21 | | defendant. The court shall order that the cost of any such test
| 22 | | shall be paid by the county and may be taxed as costs against | 23 | | the convicted
defendant.
| 24 | | (g-5) When an inmate is tested for an airborne communicable | 25 | | disease, as
determined by the Illinois Department of Public | 26 | | Health including but not
limited to tuberculosis, the results |
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| 1 | | of the test shall be
personally delivered by the warden or his | 2 | | or her designee in a sealed envelope
to the judge of the court | 3 | | in which the inmate must appear for the judge's
inspection in | 4 | | camera if requested by the judge. Acting in accordance with the
| 5 | | best interests of those in the courtroom, the judge shall have | 6 | | the discretion
to determine what if any precautions need to be | 7 | | taken to prevent transmission
of the disease in the courtroom.
| 8 | | (h) Whenever a defendant is convicted of an offense under | 9 | | Section 1 or 2
of the Hypodermic Syringes and Needles Act, the | 10 | | defendant shall undergo
medical testing to determine whether | 11 | | the defendant has been exposed to human
immunodeficiency virus | 12 | | (HIV) or any other identified causative agent of
acquired | 13 | | immunodeficiency syndrome (AIDS). Except as otherwise provided | 14 | | by
law, the results of such test shall be kept strictly | 15 | | confidential by all
medical personnel involved in the testing | 16 | | and must be personally delivered in a
sealed envelope to the | 17 | | judge of the court in which the conviction was entered
for the | 18 | | judge's inspection in camera. Acting in accordance with the | 19 | | best
interests of the public, the judge shall have the | 20 | | discretion to determine to
whom, if anyone, the results of the | 21 | | testing may be revealed. The court shall
notify the defendant | 22 | | of a positive test showing an infection with the human
| 23 | | immunodeficiency virus (HIV). The court shall provide | 24 | | information on the
availability of HIV testing and counseling | 25 | | at Department of Public Health
facilities to all parties to | 26 | | whom the results of the testing are revealed and
shall direct |
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| 1 | | the State's Attorney to provide the information to the victim | 2 | | when
possible. A State's Attorney may petition the court to | 3 | | obtain the results of
any HIV test administered under this | 4 | | Section, and the court shall grant the
disclosure if the | 5 | | State's Attorney shows it is relevant in order to prosecute a
| 6 | | charge of criminal transmission of HIV under Section 12-5.01 or | 7 | | 12-16.2 of the Criminal
Code of 1961 or the Criminal Code of | 8 | | 2012 against the defendant. The court shall order that the cost | 9 | | of any
such test shall be paid by the county and may be taxed as | 10 | | costs against the
convicted defendant.
| 11 | | (i) All fines and penalties imposed under this Section for | 12 | | any violation
of Chapters 3, 4, 6, and 11 of the Illinois | 13 | | Vehicle Code, or a similar
provision of a local ordinance, and | 14 | | any violation
of the Child Passenger Protection Act, or a | 15 | | similar provision of a local
ordinance, shall be collected and | 16 | | disbursed by the circuit
clerk as provided under Section 27.5 | 17 | | of the Clerks of Courts Act.
| 18 | | (j) In cases when prosecution for any violation of Section | 19 | | 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-8,
11-9, | 20 | | 11-11, 11-14, 11-14.3, 11-14.4, 11-15, 11-15.1, 11-16, 11-17, | 21 | | 11-17.1, 11-18, 11-18.1,
11-19, 11-19.1, 11-19.2, 11-20.1, | 22 | | 11-20.1B, 11-20.3, 11-21, 11-30, 11-40, 12-13, 12-14, 12-14.1, | 23 | | 12-15, or
12-16 of the
Criminal Code of 1961 or the Criminal | 24 | | Code of 2012, any violation of the Illinois Controlled | 25 | | Substances Act,
any violation of the Cannabis Control Act, or | 26 | | any violation of the Methamphetamine Control and Community |
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| 1 | | Protection Act results in conviction, a
disposition of court | 2 | | supervision, or an order of probation granted under
Section 10 | 3 | | of the Cannabis Control Act, Section 410 of the Illinois
| 4 | | Controlled Substances Act, or Section 70 of the Methamphetamine | 5 | | Control and Community Protection Act of a defendant, the court | 6 | | shall determine whether the
defendant is employed by a facility | 7 | | or center as defined under the Child Care
Act of 1969, a public | 8 | | or private elementary or secondary school, or otherwise
works | 9 | | with children under 18 years of age on a daily basis. When a | 10 | | defendant
is so employed, the court shall order the Clerk of | 11 | | the Court to send a copy of
the judgment of conviction or order | 12 | | of supervision or probation to the
defendant's employer by | 13 | | certified mail.
If the employer of the defendant is a school, | 14 | | the Clerk of the Court shall
direct the mailing of a copy of | 15 | | the judgment of conviction or order of
supervision or probation | 16 | | to the appropriate regional superintendent of schools.
The | 17 | | regional superintendent of schools shall notify the State Board | 18 | | of
Education of any notification under this subsection.
| 19 | | (j-5) A defendant at least 17 years of age who is convicted | 20 | | of a felony and
who has not been previously convicted of a | 21 | | misdemeanor or felony and who is
sentenced to a term of | 22 | | imprisonment in the Illinois Department of Corrections
shall as | 23 | | a condition of his or her sentence be required by the court to | 24 | | attend
educational courses designed to prepare the defendant | 25 | | for a high school diploma
and to work toward a high school | 26 | | diploma or to work toward passing high school equivalency |
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| 1 | | testing or to work toward
completing a vocational training | 2 | | program offered by the Department of
Corrections. If a | 3 | | defendant fails to complete the educational training
required | 4 | | by his or her sentence during the term of incarceration, the | 5 | | Prisoner
Review Board shall, as a condition of mandatory | 6 | | supervised release, require the
defendant, at his or her own | 7 | | expense, to pursue a course of study toward a high
school | 8 | | diploma or passage of high school equivalency testing. The | 9 | | Prisoner Review Board shall
revoke the mandatory supervised | 10 | | release of a defendant who wilfully fails to
comply with this | 11 | | subsection (j-5) upon his or her release from confinement in a
| 12 | | penal institution while serving a mandatory supervised release | 13 | | term; however,
the inability of the defendant after making a | 14 | | good faith effort to obtain
financial aid or pay for the | 15 | | educational training shall not be deemed a wilful
failure to | 16 | | comply. The Prisoner Review Board shall recommit the defendant
| 17 | | whose mandatory supervised release term has been revoked under | 18 | | this subsection
(j-5) as provided in Section 3-3-9. This | 19 | | subsection (j-5) does not apply to a
defendant who has a high | 20 | | school diploma or has successfully passed high school | 21 | | equivalency testing. This subsection (j-5) does not apply to a | 22 | | defendant who is determined by
the court to be a person with a | 23 | | developmental disability or otherwise mentally incapable of
| 24 | | completing the educational or vocational program.
| 25 | | (k) (Blank).
| 26 | | (l) (A) Except as provided
in paragraph (C) of subsection |
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| 1 | | (l), whenever a defendant,
who is an alien as defined by the | 2 | | Immigration and Nationality Act, is convicted
of any felony or | 3 | | misdemeanor offense, the court after sentencing the defendant
| 4 | | may, upon motion of the State's Attorney, hold sentence in | 5 | | abeyance and remand
the defendant to the custody of the | 6 | | Attorney General of
the United States or his or her designated | 7 | | agent to be deported when:
| 8 | | (1) a final order of deportation has been issued | 9 | | against the defendant
pursuant to proceedings under the | 10 | | Immigration and Nationality Act, and
| 11 | | (2) the deportation of the defendant would not | 12 | | deprecate the seriousness
of the defendant's conduct and | 13 | | would not be inconsistent with the ends of
justice.
| 14 | | Otherwise, the defendant shall be sentenced as provided in | 15 | | this Chapter V.
| 16 | | (B) If the defendant has already been sentenced for a | 17 | | felony or
misdemeanor
offense, or has been placed on probation | 18 | | under Section 10 of the Cannabis
Control Act,
Section 410 of | 19 | | the Illinois Controlled Substances Act, or Section 70 of the | 20 | | Methamphetamine Control and Community Protection Act, the | 21 | | court
may, upon motion of the State's Attorney to suspend the
| 22 | | sentence imposed, commit the defendant to the custody of the | 23 | | Attorney General
of the United States or his or her designated | 24 | | agent when:
| 25 | | (1) a final order of deportation has been issued | 26 | | against the defendant
pursuant to proceedings under the |
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| 1 | | Immigration and Nationality Act, and
| 2 | | (2) the deportation of the defendant would not | 3 | | deprecate the seriousness
of the defendant's conduct and | 4 | | would not be inconsistent with the ends of
justice.
| 5 | | (C) This subsection (l) does not apply to offenders who are | 6 | | subject to the
provisions of paragraph (2) of subsection (a) of | 7 | | Section 3-6-3.
| 8 | | (D) Upon motion of the State's Attorney, if a defendant | 9 | | sentenced under
this Section returns to the jurisdiction of the | 10 | | United States, the defendant
shall be recommitted to the | 11 | | custody of the county from which he or she was
sentenced.
| 12 | | Thereafter, the defendant shall be brought before the | 13 | | sentencing court, which
may impose any sentence that was | 14 | | available under Section 5-5-3 at the time of
initial | 15 | | sentencing. In addition, the defendant shall not be eligible | 16 | | for
additional sentence credit for good conduct as provided | 17 | | under
Section 3-6-3.
| 18 | | (m) A person convicted of criminal defacement of property | 19 | | under Section
21-1.3 of the Criminal Code of 1961 or the | 20 | | Criminal Code of 2012, in which the property damage exceeds | 21 | | $300
and the property damaged is a school building, shall be | 22 | | ordered to perform
community service that may include cleanup, | 23 | | removal, or painting over the
defacement.
| 24 | | (n) The court may sentence a person convicted of a | 25 | | violation of Section
12-19, 12-21, 16-1.3, or 17-56, or | 26 | | subsection (a) or (b) of Section 12-4.4a, of the Criminal Code |
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| 1 | | of 1961 or the Criminal Code of 2012 (i) to an impact
| 2 | | incarceration program if the person is otherwise eligible for | 3 | | that program
under Section 5-8-1.1, (ii) to community service, | 4 | | or (iii) if the person is an
addict or alcoholic, as defined in | 5 | | the Alcoholism and Other Drug Abuse and
Dependency Act, to a | 6 | | substance or alcohol abuse program licensed under that
Act. | 7 | | (o) Whenever a person is convicted of a sex offense as | 8 | | defined in Section 2 of the Sex Offender Registration Act, the | 9 | | defendant's driver's license or permit shall be subject to | 10 | | renewal on an annual basis in accordance with the provisions of | 11 | | license renewal established by the Secretary of State.
| 12 | | (Source: P.A. 98-718, eff. 1-1-15; 98-756, eff. 7-16-14; | 13 | | 99-143, eff. 7-27-15.)
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