State of Illinois
90th General Assembly
Legislation

   [ Search ]   [ Legislation ]   [ Bill Summary ]
[ Home ]   [ Back ]   [ Bottom ]


[ Engrossed ]

90_HB1366

      730 ILCS 5/5-5-3          from Ch. 38, par. 1005-5-3
          Amends the Unified Code of Corrections. Provides  that  a
      defendant  who  commits a felony (now a Class 1 felony) while
      on probation, conditional discharge, or mandatory  supervised
      release  for a felony cannot receive probation or conditional
      discharge for that felony. Effective immediately.
                                                     LRB9004451RCks
                                               LRB9004451RCks
 1        AN ACT to  amend  the  Unified  Code  of  Corrections  by
 2    changing Section 5-5-3.
 3        Be  it  enacted  by  the People of the State of Illinois,
 4    represented in the General Assembly:
 5        Section 5.  The Unified Code of Corrections is amended by
 6    changing Section 5-5-3 as follows:
 7        (730 ILCS 5/5-5-3) (from Ch. 38, par. 1005-5-3)
 8        (Text of Section before  amendment  by  P.A.  89-507  and
 9    89-688)
10        Sec. 5-5-3.  Disposition.
11        (a)  Every  person  convicted  of  an  offense  shall  be
12    sentenced as provided in this Section.
13        (b)  The   following   options   shall   be   appropriate
14    dispositions,  alone  or in combination, for all felonies and
15    misdemeanors other than those identified in subsection (c) of
16    this Section:
17             (1)  A period of probation.
18             (2)  A term of periodic imprisonment.
19             (3)  A term of conditional discharge.
20             (4)  A term of imprisonment.
21             (5)  An order directing the offender to clean up and
22        repair the damage, if the offender  was  convicted  under
23        paragraph  (h)  of  Section  21-1 of the Criminal Code of
24        1961.
25             (6)  A fine.
26             (7)  An  order  directing  the  offender   to   make
27        restitution  to  the  victim  under Section 5-5-6 of this
28        Code.
29             (8)  A sentence of participation in a county  impact
30        incarceration program under Section 5-8-1.2 of this Code.
31        Whenever  an individual is sentenced for an offense based
                            -2-                LRB9004451RCks
 1    upon an arrest for a  violation  of  Section  11-501  of  the
 2    Illinois  Vehicle  Code,  or  a  similar provision of a local
 3    ordinance,  and  the   professional   evaluation   recommends
 4    remedial  or  rehabilitative  treatment or education, neither
 5    the treatment nor the education shall be the sole disposition
 6    and either or both may be imposed only  in  conjunction  with
 7    another  disposition. The court shall monitor compliance with
 8    any remedial education or treatment recommendations contained
 9    in the professional evaluation.  Programs conducting  alcohol
10    or  other  drug  evaluation  or  remedial  education  must be
11    licensed by the Department of Alcoholism and Substance Abuse.
12    However, if the individual is not a resident of Illinois, the
13    court may accept an  alcohol  or  other  drug  evaluation  or
14    remedial  education program in the state of such individual's
15    residence.  Programs providing  treatment  must  be  licensed
16    under  existing  applicable  alcoholism  and  drug  treatment
17    licensure standards.
18        In addition to any other fine or penalty required by law,
19    any  individual convicted of a violation of Section 11-501 of
20    the Illinois Vehicle Code or a  similar  provision  of  local
21    ordinance,  whose  operation  of  a  motor  vehicle  while in
22    violation of Section 11-501  or  such  ordinance  proximately
23    caused  an  incident  resulting  in  an appropriate emergency
24    response, shall be required to make restitution to  a  public
25    agency  for  the  costs  of  that  emergency  response.  Such
26    restitution shall not exceed $500 per public agency for  each
27    such  emergency response.  For the purpose of this paragraph,
28    emergency  response  shall  mean  any  incident  requiring  a
29    response by: a police officer as defined under Section  1-162
30    of  the Illinois Vehicle Code; a fireman carried on the rolls
31    of a regularly constituted fire department; and an  ambulance
32    as  defined  under  Section  4.05  of  the  Emergency Medical
33    Services (EMS) Systems Act.
34        Neither  a  fine  nor  restitution  shall  be  the   sole
                            -3-                LRB9004451RCks
 1    disposition  for  a  felony and either or both may be imposed
 2    only in conjunction with another disposition.
 3        (c) (1)  When a defendant is found guilty of first degree
 4        murder  the  State  may  either  seek   a   sentence   of
 5        imprisonment  under  Section 5-8-1 of this Code, or where
 6        appropriate seek a sentence of death under Section 9-1 of
 7        the Criminal Code of 1961.
 8             (2)  A period  of  probation,  a  term  of  periodic
 9        imprisonment   or  conditional  discharge  shall  not  be
10        imposed for  the  following  offenses.  The  court  shall
11        sentence  the  offender to not less than the minimum term
12        of imprisonment set forth in this Code for the  following
13        offenses,  and may order a fine or restitution or both in
14        conjunction with such term of imprisonment:
15                  (A)  First  degree  murder  where   the   death
16             penalty is not imposed.
17                  (B)  Attempted first degree murder.
18                  (C)  A Class X felony.
19                  (D)  A violation of Section 401.1 or 407 of the
20             Illinois  Controlled  Substances Act, or a violation
21             of subdivision (c)(2) of Section  401  of  that  Act
22             which  relates  to  more than 5 grams of a substance
23             containing cocaine or an analog thereof.
24                  (E)  A violation of Section 5.1  or  9  of  the
25             Cannabis Control Act.
26                  (F)  A   Class  2  or  greater  felony  if  the
27             offender had been convicted of a Class 2 or  greater
28             felony  within  10  years  of  the  date on which he
29             committed  the  offense  for  which  he   is   being
30             sentenced.
31                  (G)  Residential burglary.
32                  (H)  Criminal   sexual   assault,   except   as
33             otherwise   provided   in  subsection  (e)  of  this
34             Section.
                            -4-                LRB9004451RCks
 1                  (I)  Aggravated battery of a senior citizen.
 2                  (J)  A  forcible  felony  if  the  offense  was
 3             related to the activities of an organized gang.
 4                  Before July 1, 1994, for the purposes  of  this
 5             paragraph,  "organized gang" means an association of
 6             5 or more persons, with  an  established  hierarchy,
 7             that   encourages  members  of  the  association  to
 8             perpetrate crimes or provides support to the members
 9             of the association who do commit crimes.
10                  Beginning July 1, 1994,  for  the  purposes  of
11             this  paragraph,  "organized  gang"  has the meaning
12             ascribed  to  it  in  Section  10  of  the  Illinois
13             Streetgang Terrorism Omnibus Prevention Act.
14                  (K)  Vehicular hijacking.
15                  (L)  A second or subsequent conviction for  the
16             offense  of  hate  crime when the underlying offense
17             upon  which  the  hate  crime  is  based  is  felony
18             aggravated assault or felony mob action.
19                  (M)  A second or subsequent conviction for  the
20             offense  of institutional vandalism if the damage to
21             the property exceeds $300.
22                  (N)  A Class 3 felony  violation  of  paragraph
23             (1)  of  subsection  (a) of Section 2 of the Firearm
24             Owners Identification Card Act.
25                  (O)  A  violation  of  Section  12-6.1  of  the
26             Criminal Code of 1961.
27             (3)  A minimum term of imprisonment of not less than
28        48 consecutive hours or 100 hours of community service as
29        may be determined by the court shall  be  imposed  for  a
30        second  or  subsequent violation committed within 5 years
31        of a previous violation of Section 11-501 of the Illinois
32        Vehicle Code or a similar provision of a local ordinance.
33             (4)  A minimum term of imprisonment of not less than
34        7 consecutive days or 30 days of community service  shall
                            -5-                LRB9004451RCks
 1        be  imposed  for  a violation of paragraph (c) of Section
 2        6-303 of the Illinois Vehicle Code.
 3             (4.1)  A minimum term  of  30  consecutive  days  of
 4        imprisonment, 40 days of 24 hour periodic imprisonment or
 5        720  hours  of community service, as may be determined by
 6        the court, shall be imposed for a  violation  of  Section
 7        11-501  of  the  Illinois Vehicle Code during a period in
 8        which the defendant's driving privileges are  revoked  or
 9        suspended,  where  the revocation or suspension was for a
10        violation of Section 11-501 or Section 11-501.1  of  that
11        Code.
12             (5)  The court may sentence an offender convicted of
13        a business offense or a petty offense or a corporation or
14        unincorporated association convicted of any offense to:
15                  (A)  a period of conditional discharge;
16                  (B)  a fine;
17                  (C)  make   restitution  to  the  victim  under
18             Section 5-5-6 of this Code.
19             (6)  In no case shall an offender be eligible for  a
20        disposition  of  probation or conditional discharge for a
21        Class 1 felony committed while he was serving a  term  of
22        probation,   or   conditional   discharge,  or  mandatory
23        supervised release for a felony.
24             (7)  When  a  defendant  is  adjudged   a   habitual
25        criminal  under Article 33B of the Criminal Code of 1961,
26        the court shall sentence  the  defendant  to  a  term  of
27        natural life imprisonment.
28             (8)  When  a defendant, over the age of 21 years, is
29        convicted of a Class 1 or Class 2  felony,  after  having
30        twice  been  convicted  of  any  Class 2 or greater Class
31        felonies in Illinois, and  such  charges  are  separately
32        brought  and  tried  and arise out of different series of
33        acts, such defendant shall be  sentenced  as  a  Class  X
34        offender.  This  paragraph shall not apply unless (1) the
                            -6-                LRB9004451RCks
 1        first felony was committed after the  effective  date  of
 2        this  amendatory  Act  of 1977; and (2) the second felony
 3        was committed after conviction on the first; and (3)  the
 4        third  felony  was  committed  after  conviction  on  the
 5        second.
 6             (9)  A defendant convicted of a second or subsequent
 7        offense  of  ritualized abuse of a child may be sentenced
 8        to a term of natural life imprisonment.
 9             (10)  Beginning  July  1,  1994,  unless  sentencing
10        under Section 33B-1 is applicable, a term of imprisonment
11        of not less than 15 years nor more than 50 years shall be
12        imposed on a defendant who violates Section 33A-2 of  the
13        Criminal  Code  of  1961 with a firearm, when that person
14        has been convicted in any state or federal court of 3  or
15        more  of  the  following  offenses: treason, first degree
16        murder, second degree murder, aggravated criminal  sexual
17        assault,  criminal  sexual  assault,  robbery,  burglary,
18        arson,  kidnaping,  aggravated battery resulting in great
19        bodily harm or permanent disability or disfigurement,  or
20        a  violation of Section 401(a) of the Illinois Controlled
21        Substances Act, when  the  third  offense  was  committed
22        after  conviction  on  the second, the second offense was
23        committed  after  conviction  on  the  first,   and   the
24        violation  of  Section 33A-2 of the Criminal Code of 1961
25        was committed after conviction on the third.
26             (11)  Beginning July 1, 1994, a term of imprisonment
27        of not less than 10 years and  not  more  than  30  years
28        shall  be  imposed  on  a  defendant who violates Section
29        33A-2 with a Category I  weapon  where  the  offense  was
30        committed in any school, or any conveyance owned, leased,
31        or  contracted  by  a  school to transport students to or
32        from school or a school related  activity,  on  the  real
33        property  comprising any school or public park, and where
34        the offense was related to the activities of an organized
                            -7-                LRB9004451RCks
 1        gang.   For  the  purposes  of   this   paragraph   (11),
 2        "organized  gang"  has  the  meaning  ascribed  to  it in
 3        Section 10 of the Illinois Streetgang  Terrorism  Omnibus
 4        Prevention Act.
 5        (d)  In  any  case in which a sentence originally imposed
 6    is vacated, the case shall be remanded to  the  trial  court.
 7    The  trial  court shall hold a hearing under Section 5-4-1 of
 8    the Unified Code of Corrections which may include evidence of
 9    the defendant's life, moral character and  occupation  during
10    the  time  since the original sentence was passed.  The trial
11    court shall then impose sentence  upon  the  defendant.   The
12    trial  court  may  impose  any sentence which could have been
13    imposed at the original trial subject to Section 5-5-4 of the
14    Unified Code of Corrections.
15        (e)  In  cases  where  prosecution  for  criminal  sexual
16    assault or aggravated criminal  sexual  abuse  under  Section
17    12-13  or  12-16  of  the  Criminal  Code  of 1961 results in
18    conviction of a defendant who was  a  family  member  of  the
19    victim  at  the  time  of  the commission of the offense, the
20    court shall consider the safety and welfare of the victim and
21    may impose a sentence of probation only where:
22             (1)  the  court  finds  (A)  or  (B)  or  both   are
23        appropriate:
24                  (A)  the  defendant  is  willing  to  undergo a
25             court approved  counseling  program  for  a  minimum
26             duration of 2 years; or
27                  (B)  the defendant is willing to participate in
28             a  court  approved plan including but not limited to
29             the defendant's:
30                       (i)  removal from the household;
31                       (ii)  restricted contact with the victim;
32                       (iii)  continued financial support of  the
33                  family;
34                       (iv)  restitution  for  harm  done  to the
                            -8-                LRB9004451RCks
 1                  victim; and
 2                       (v)  compliance with  any  other  measures
 3                  that the court may deem appropriate; and
 4             (2)  the  court  orders the defendant to pay for the
 5        victim's counseling services,  to  the  extent  that  the
 6        court finds, after considering the defendant's income and
 7        assets,  that  the  defendant  is  financially capable of
 8        paying for such services, if  the  victim  was  under  18
 9        years  of  age  at the time the offense was committed and
10        requires counseling as a result of the offense.
11        Probation may be revoked or modified pursuant to  Section
12    5-6-4;  except where the court determines at the hearing that
13    the defendant violated a condition of his  or  her  probation
14    restricting  contact  with the victim or other family members
15    or commits another offense with the victim  or  other  family
16    members, the court shall revoke the defendant's probation and
17    impose a term of imprisonment.
18        For  the  purposes  of  this Section, "family member" and
19    "victim" shall have the meanings ascribed to them in  Section
20    12-12 of the Criminal Code of 1961.
21        (f)  This  Article  shall  not  deprive  a court in other
22    proceedings to order a forfeiture of property, to suspend  or
23    cancel  a  license,  to  remove  a  person from office, or to
24    impose any other civil penalty.
25        (g)  Whenever a defendant  is  convicted  of  an  offense
26    under  Sections  11-14,  11-15, 11-15.1, 11-16, 11-17, 11-18,
27    11-18.1, 11-19,  11-19.1,  11-19.2,  12-13,  12-14,  12-14.1,
28    12-15  or  12-16  of the Criminal Code of 1961, the defendant
29    shall  undergo  medical  testing  to  determine  whether  the
30    defendant has any sexually transmissible disease, including a
31    test for infection with human immunodeficiency virus (HIV) or
32    any   other   identified   causative   agent   of    acquired
33    immunodeficiency  syndrome  (AIDS).   Any  such  medical test
34    shall be performed only  by  appropriately  licensed  medical
                            -9-                LRB9004451RCks
 1    practitioners  and  may  include  an  analysis  of any bodily
 2    fluids as well as an examination of the  defendant's  person.
 3    Except as otherwise provided by law, the results of such test
 4    shall  be kept strictly confidential by all medical personnel
 5    involved in the testing and must be personally delivered in a
 6    sealed envelope to the  judge  of  the  court  in  which  the
 7    conviction  was entered for the judge's inspection in camera.
 8    Acting in accordance with the best interests  of  the  victim
 9    and  the  public,  the  judge  shall  have  the discretion to
10    determine to whom, if anyone, the results of the testing  may
11    be revealed. The court shall notify the defendant of the test
12    results.  The court shall also notify the victim if requested
13    by  the  victim, and if the victim is under the age of 15 and
14    if requested by the victim's parents or legal  guardian,  the
15    court  shall notify the victim's parents or legal guardian of
16    the test results.  The court shall provide information on the
17    availability of HIV testing and counseling at  Department  of
18    Public  Health  facilities to all parties to whom the results
19    of the testing are revealed  and  shall  direct  the  State's
20    Attorney  to  provide  the  information  to  the  victim when
21    possible. A State's Attorney may petition the court to obtain
22    the results of any HIV test administered under this  Section,
23    and  the  court  shall  grant  the  disclosure if the State's
24    Attorney shows it is relevant in order to prosecute a  charge
25    of  criminal transmission of HIV under Section 12-16.2 of the
26    Criminal Code of 1961 against the defendant.  The court shall
27    order that the cost of any such test shall  be  paid  by  the
28    county  and  may  be  taxed  as  costs  against the convicted
29    defendant.
30        (g-5)  When  an  inmate  is  tested   for   an   airborne
31    communicable   disease,   as   determined   by  the  Illinois
32    Department of Public Health  including  but  not  limited  to
33    tuberculosis,  the  results  of  the test shall be personally
34    delivered by the warden or his or her designee  in  a  sealed
                            -10-               LRB9004451RCks
 1    envelope  to  the judge of the court in which the inmate must
 2    appear for the judge's inspection in camera if  requested  by
 3    the  judge.   Acting in accordance with the best interests of
 4    those in the courtroom, the judge shall have  the  discretion
 5    to  determine  what  if  any  precautions need to be taken to
 6    prevent transmission of the disease in the courtroom.
 7        (h)  Whenever a defendant  is  convicted  of  an  offense
 8    under  Section  1 or 2 of the Hypodermic Syringes and Needles
 9    Act, the defendant shall undergo medical testing to determine
10    whether   the   defendant   has   been   exposed   to   human
11    immunodeficiency  virus  (HIV)  or   any   other   identified
12    causative agent of acquired immunodeficiency syndrome (AIDS).
13    Except as otherwise provided by law, the results of such test
14    shall  be kept strictly confidential by all medical personnel
15    involved in the testing and must be personally delivered in a
16    sealed envelope to the  judge  of  the  court  in  which  the
17    conviction  was entered for the judge's inspection in camera.
18    Acting in accordance with the best interests of  the  public,
19    the  judge shall have the discretion to determine to whom, if
20    anyone, the results of the testing may be revealed. The court
21    shall notify the defendant of  a  positive  test  showing  an
22    infection  with  the  human immunodeficiency virus (HIV). The
23    court shall provide information on the  availability  of  HIV
24    testing   and  counseling  at  Department  of  Public  Health
25    facilities to all parties to whom the results of the  testing
26    are revealed and shall direct the State's Attorney to provide
27    the  information  to  the  victim  when  possible.  A State's
28    Attorney may petition the court to obtain the results of  any
29    HIV  test  administered  under  this   Section, and the court
30    shall grant the disclosure if the State's Attorney  shows  it
31    is  relevant  in  order  to  prosecute  a  charge of criminal
32    transmission of HIV under Section  12-16.2  of  the  Criminal
33    Code  of  1961  against  the defendant. The court shall order
34    that the cost of any such test shall be paid  by  the  county
                            -11-               LRB9004451RCks
 1    and may be taxed as costs against the convicted defendant.
 2        (i)  All  fines  and penalties imposed under this Section
 3    for any violation of Chapters 3, 4, 6, and 11 of the Illinois
 4    Vehicle Code, or a similar provision of  a  local  ordinance,
 5    and any violation of the Child Passenger Protection Act, or a
 6    similar  provision  of  a local ordinance, shall be collected
 7    and disbursed by the circuit clerk as provided under  Section
 8    27.5 of the Clerks of Courts Act.
 9        (j)  In  cases  when  prosecution  for  any  violation of
10    Section 11-6,  11-8,  11-9,  11-11,  11-14,  11-15,  11-15.1,
11    11-16,   11-17,  11-17.1,  11-18,  11-18.1,  11-19,  11-19.1,
12    11-19.2, 11-20.1, 11-21, 12-13,  12-14,  12-14.1,  12-15,  or
13    12-16  of  the  Criminal  Code  of 1961, any violation of the
14    Illinois Controlled Substances Act, or any violation  of  the
15    Cannabis  Control Act results in conviction, a disposition of
16    court supervision, or an order  of  probation  granted  under
17    Section  10 of the Cannabis Control Act or Section 410 of the
18    Illinois Controlled Substance Act of a defendant,  the  court
19    shall  determine  whether  the  defendant  is  employed  by a
20    facility or center as defined under the  Child  Care  Act  of
21    1969,  a public or private elementary or secondary school, or
22    otherwise works with children under 18  years  of  age  on  a
23    daily  basis.   When  a  defendant  is so employed, the court
24    shall order the Clerk of the Court to  send  a  copy  of  the
25    judgment  of  conviction or order of supervision or probation
26    to  the  defendant's  employer  by  certified  mail.  If  the
27    employer of the defendant is a school, the Clerk of the Court
28    shall direct the  mailing  of  a  copy  of  the  judgment  of
29    conviction  or  order  of  supervision  or  probation  to the
30    appropriate regional superintendent of schools.  The regional
31    superintendent of schools shall notify  the  State  Board  of
32    Education of any notification under this subsection.
33        (k)  A court may not impose a sentence or disposition for
34    a  felony  or  misdemeanor  that requires the defendant to be
                            -12-               LRB9004451RCks
 1    implanted or injected with  or  to  use  any  form  of  birth
 2    control.
 3        (l)(A)  Except as provided in paragraph (C) of subsection
 4    (l),  whenever a defendant, who is an alien as defined by the
 5    Immigration and Nationality Act, is convicted of  any  felony
 6    or  misdemeanor  offense,  the  court  after  sentencing  the
 7    defendant  may,  upon  motion  of  the State's Attorney, hold
 8    sentence in abeyance and remand the defendant to the  custody
 9    of  the  Attorney  General of the United States or his or her
10    designated agent to be deported when:
11             (1)  a final order of deportation  has  been  issued
12        against  the  defendant pursuant to proceedings under the
13        Immigration and Nationality Act, and
14             (2)  the deportation  of  the  defendant  would  not
15        deprecate  the seriousness of the defendant's conduct and
16        would not be inconsistent with the ends of justice.
17        Otherwise, the defendant shall be sentenced  as  provided
18    in this Chapter V.
19        (B)  If  the  defendant  has already been sentenced for a
20    felony  or  misdemeanor  offense,  or  has  been  placed   on
21    probation  under  Section  10  of the Cannabis Control Act or
22    Section 410 of the Illinois Controlled  Substances  Act,  the
23    court may, upon motion of the State's Attorney to suspend the
24    sentence  imposed, commit the defendant to the custody of the
25    Attorney  General  of  the  United  States  or  his  or   her
26    designated agent when:
27             (1)  a  final  order  of deportation has been issued
28        against the defendant pursuant to proceedings  under  the
29        Immigration and Nationality Act, and
30             (2)  the  deportation  of  the  defendant  would not
31        deprecate the seriousness of the defendant's conduct  and
32        would not be inconsistent with the ends of justice.
33        (C)  This  subsection (l) does not apply to offenders who
34    are subject to the provisions of paragraph (2) of  subsection
                            -13-               LRB9004451RCks
 1    (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 the
 5    custody of the county from which he  or  she  was  sentenced.
 6    Thereafter,   the  defendant  shall  be  brought  before  the
 7    sentencing court, which may  impose  any  sentence  that  was
 8    available   under  Section  5-5-3  at  the  time  of  initial
 9    sentencing.  In addition, the defendant shall not be eligible
10    for additional good conduct credit for meritorious service as
11    provided under Section 3-6-6.
12    (Source: P.A. 88-45; 88-336; 88-351; 88-460; 88-467;  88-510;
13    88-659; 88-670, eff. 12-2-94; 88-680, eff. 1-1-95; 89-8, eff.
14    3-21-95;  89-314, eff. 1-1-96; 89-428, eff. 12-13-95; 89-462,
15    eff. 5-29-96; 89-477, eff.  6-18-96;  89-545,  eff.  7-25-96;
16    89-587, eff. 7-31-96; 89-627, eff. 1-1-97; revised 1-7-97.)
17        (Text  of  Section  after  amendment  by  P.A. 89-507 and
18    89-688)
19        Sec. 5-5-3.  Disposition.
20        (a)  Every  person  convicted  of  an  offense  shall  be
21    sentenced as provided in this Section.
22        (b)  The   following   options   shall   be   appropriate
23    dispositions, alone or in combination, for all  felonies  and
24    misdemeanors other than those identified in subsection (c) of
25    this Section:
26             (1)  A period of probation.
27             (2)  A term of periodic imprisonment.
28             (3)  A term of conditional discharge.
29             (4)  A term of imprisonment.
30             (5)  An order directing the offender to clean up and
31        repair  the  damage,  if the offender was convicted under
32        paragraph (h) of Section 21-1 of  the  Criminal  Code  of
33        1961.
34             (6)  A fine.
                            -14-               LRB9004451RCks
 1             (7)  An   order   directing  the  offender  to  make
 2        restitution to the victim under  Section  5-5-6  of  this
 3        Code.
 4             (8)  A  sentence of participation in a county impact
 5        incarceration program under Section 5-8-1.2 of this Code.
 6        Whenever an individual is sentenced for an offense  based
 7    upon  an  arrest  for  a  violation  of Section 11-501 of the
 8    Illinois Vehicle Code, or a  similar  provision  of  a  local
 9    ordinance,   and   the   professional  evaluation  recommends
10    remedial or rehabilitative treatment  or  education,  neither
11    the treatment nor the education shall be the sole disposition
12    and  either  or  both may be imposed only in conjunction with
13    another disposition. The court shall monitor compliance  with
14    any remedial education or treatment recommendations contained
15    in  the professional evaluation.  Programs conducting alcohol
16    or other  drug  evaluation  or  remedial  education  must  be
17    licensed  by  the  Department of Human Services.  However, if
18    the individual is not a resident of Illinois, the  court  may
19    accept  an  alcohol  or  other  drug  evaluation  or remedial
20    education  program  in  the  state   of   such   individual's
21    residence.   Programs  providing  treatment  must be licensed
22    under  existing  applicable  alcoholism  and  drug  treatment
23    licensure standards.
24        In addition to any other fine or penalty required by law,
25    any individual convicted of a violation of Section 11-501  of
26    the  Illinois  Vehicle  Code  or a similar provision of local
27    ordinance, whose  operation  of  a  motor  vehicle  while  in
28    violation  of  Section  11-501  or such ordinance proximately
29    caused an incident  resulting  in  an  appropriate  emergency
30    response,  shall  be required to make restitution to a public
31    agency for  the  costs  of  that  emergency  response.   Such
32    restitution  shall not exceed $500 per public agency for each
33    such emergency response.  For the purpose of this  paragraph,
34    emergency  response  shall  mean  any  incident  requiring  a
                            -15-               LRB9004451RCks
 1    response  by: a police officer as defined under Section 1-162
 2    of the Illinois Vehicle Code; a fireman carried on the  rolls
 3    of  a regularly constituted fire department; and an ambulance
 4    as defined  under  Section  4.05  of  the  Emergency  Medical
 5    Services (EMS) Systems Act.
 6        Neither   a  fine  nor  restitution  shall  be  the  sole
 7    disposition for a felony and either or both  may  be  imposed
 8    only in conjunction with another disposition.
 9        (c) (1)  When a defendant is found guilty of first degree
10        murder   the   State   may  either  seek  a  sentence  of
11        imprisonment under Section 5-8-1 of this Code,  or  where
12        appropriate seek a sentence of death under Section 9-1 of
13        the Criminal Code of 1961.
14             (2)  A  period  of  probation,  a  term  of periodic
15        imprisonment  or  conditional  discharge  shall  not   be
16        imposed  for  the  following  offenses.  The  court shall
17        sentence the offender to not less than the  minimum  term
18        of  imprisonment set forth in this Code for the following
19        offenses, and may order a fine or restitution or both  in
20        conjunction with such term of imprisonment:
21                  (A)  First   degree   murder  where  the  death
22             penalty is not imposed.
23                  (B)  Attempted first degree murder.
24                  (C)  A Class X felony.
25                  (D)  A violation of Section 401.1 or 407 of the
26             Illinois Controlled Substances Act, or  a  violation
27             of  subdivision  (c)(2)  of  Section 401 of that Act
28             which relates to more than 5 grams  of  a  substance
29             containing cocaine or an analog thereof.
30                  (E)  A  violation  of  Section  5.1 or 9 of the
31             Cannabis Control Act.
32                  (F)  A  Class  2  or  greater  felony  if   the
33             offender  had been convicted of a Class 2 or greater
34             felony within 10 years  of  the  date  on  which  he
                            -16-               LRB9004451RCks
 1             committed   the   offense  for  which  he  is  being
 2             sentenced.
 3                  (G)  Residential burglary.
 4                  (H)  Criminal   sexual   assault,   except   as
 5             otherwise  provided  in  subsection  (e)   of   this
 6             Section.
 7                  (I)  Aggravated battery of a senior citizen.
 8                  (J)  A  forcible  felony  if  the  offense  was
 9             related to the activities of an organized gang.
10                  Before  July  1, 1994, for the purposes of this
11             paragraph, "organized gang" means an association  of
12             5  or  more  persons, with an established hierarchy,
13             that  encourages  members  of  the  association   to
14             perpetrate crimes or provides support to the members
15             of the association who do commit crimes.
16                  Beginning  July  1,  1994,  for the purposes of
17             this paragraph, "organized  gang"  has  the  meaning
18             ascribed  to  it  in  Section  10  of  the  Illinois
19             Streetgang Terrorism Omnibus Prevention Act.
20                  (K)  Vehicular hijacking.
21                  (L)  A  second or subsequent conviction for the
22             offense of hate crime when  the  underlying  offense
23             upon  which  the  hate  crime  is  based  is  felony
24             aggravated assault or felony mob action.
25                  (M)  A  second or subsequent conviction for the
26             offense of institutional vandalism if the damage  to
27             the property exceeds $300.
28                  (N)  A  Class  3  felony violation of paragraph
29             (1) of subsection (a) of Section 2  of  the  Firearm
30             Owners Identification Card Act.
31                  (O)  A  violation  of  Section  12-6.1  of  the
32             Criminal Code of 1961.
33             (3)  A minimum term of imprisonment of not less than
34        48 consecutive hours or 100 hours of community service as
                            -17-               LRB9004451RCks
 1        may  be  determined  by  the court shall be imposed for a
 2        second or subsequent violation committed within  5  years
 3        of a previous violation of Section 11-501 of the Illinois
 4        Vehicle Code or a similar provision of a local ordinance.
 5             (4)  A minimum term of imprisonment of not less than
 6        7  consecutive days or 30 days of community service shall
 7        be imposed for a violation of paragraph  (c)  of  Section
 8        6-303 of the Illinois Vehicle Code.
 9             (4.1)  A  minimum  term  of  30  consecutive days of
10        imprisonment, 40 days of 24 hour periodic imprisonment or
11        720 hours of community service, as may be  determined  by
12        the  court,  shall  be imposed for a violation of Section
13        11-501 of the Illinois Vehicle Code during  a  period  in
14        which  the  defendant's driving privileges are revoked or
15        suspended, where the revocation or suspension was  for  a
16        violation  of  Section 11-501 or Section 11-501.1 of that
17        Code.
18             (5)  The court may sentence an offender convicted of
19        a business offense or a petty offense or a corporation or
20        unincorporated association convicted of any offense to:
21                  (A)  a period of conditional discharge;
22                  (B)  a fine;
23                  (C)  make  restitution  to  the  victim   under
24             Section 5-5-6 of this Code.
25             (6)  In  no case shall an offender be eligible for a
26        disposition of probation or conditional discharge  for  a
27        Class  1  felony committed while he was serving a term of
28        probation,  or  conditional   discharge,   or   mandatory
29        supervised release for a felony.
30             (7)  When   a   defendant  is  adjudged  a  habitual
31        criminal under Article 33B of the Criminal Code of  1961,
32        the  court  shall  sentence  the  defendant  to a term of
33        natural life imprisonment.
34             (8)  When a defendant, over the age of 21 years,  is
                            -18-               LRB9004451RCks
 1        convicted  of  a  Class 1 or Class 2 felony, after having
 2        twice been convicted of any  Class  2  or  greater  Class
 3        felonies  in  Illinois,  and  such charges are separately
 4        brought and tried and arise out of  different  series  of
 5        acts,  such  defendant  shall  be  sentenced as a Class X
 6        offender. This paragraph shall not apply unless  (1)  the
 7        first  felony  was  committed after the effective date of
 8        this amendatory Act of 1977; and (2)  the  second  felony
 9        was  committed after conviction on the first; and (3) the
10        third  felony  was  committed  after  conviction  on  the
11        second.
12             (9)  A defendant convicted of a second or subsequent
13        offense of ritualized abuse of a child may  be  sentenced
14        to a term of natural life imprisonment.
15             (10)  Beginning  July  1,  1994,  unless  sentencing
16        under Section 33B-1 is applicable, a term of imprisonment
17        of not less than 15 years nor more than 50 years shall be
18        imposed  on a defendant who violates Section 33A-2 of the
19        Criminal Code of 1961 with a firearm,  when  that  person
20        has  been convicted in any state or federal court of 3 or
21        more of the following  offenses:  treason,  first  degree
22        murder,  second degree murder, aggravated criminal sexual
23        assault,  criminal  sexual  assault,  robbery,  burglary,
24        arson, kidnaping, aggravated battery resulting  in  great
25        bodily  harm or permanent disability or disfigurement, or
26        a violation of Section 401(a) of the Illinois  Controlled
27        Substances  Act,  when  the  third  offense was committed
28        after conviction on the second, the  second  offense  was
29        committed   after   conviction  on  the  first,  and  the
30        violation of Section 33A-2 of the Criminal Code  of  1961
31        was committed after conviction on the third.
32             (11)  Beginning July 1, 1994, a term of imprisonment
33        of  not  less  than  10  years and not more than 30 years
34        shall be imposed on  a  defendant  who  violates  Section
                            -19-               LRB9004451RCks
 1        33A-2  with  a  Category  I  weapon where the offense was
 2        committed in any school, or any conveyance owned, leased,
 3        or contracted by a school to  transport  students  to  or
 4        from  school  or  a  school related activity, on the real
 5        property comprising any school or public park, and  where
 6        the offense was related to the activities of an organized
 7        gang.    For   the   purposes  of  this  paragraph  (11),
 8        "organized gang"  has  the  meaning  ascribed  to  it  in
 9        Section  10  of the Illinois Streetgang Terrorism Omnibus
10        Prevention Act.
11        (d)  In any case in which a sentence  originally  imposed
12    is  vacated,  the  case shall be remanded to the trial court.
13    The trial court shall hold a hearing under Section  5-4-1  of
14    the Unified Code of Corrections which may include evidence of
15    the  defendant's  life, moral character and occupation during
16    the time since the original sentence was passed.   The  trial
17    court  shall  then  impose  sentence upon the defendant.  The
18    trial court may impose any sentence  which  could  have  been
19    imposed at the original trial subject to Section 5-5-4 of the
20    Unified Code of Corrections.
21        (e)  In  cases  where  prosecution  for  criminal  sexual
22    assault  or  aggravated  criminal  sexual abuse under Section
23    12-13 or 12-16 of  the  Criminal  Code  of  1961  results  in
24    conviction  of  a  defendant  who  was a family member of the
25    victim at the time of the  commission  of  the  offense,  the
26    court shall consider the safety and welfare of the victim and
27    may impose a sentence of probation only where:
28             (1)  the   court  finds  (A)  or  (B)  or  both  are
29        appropriate:
30                  (A)  the defendant  is  willing  to  undergo  a
31             court  approved  counseling  program  for  a minimum
32             duration of 2 years; or
33                  (B)  the defendant is willing to participate in
34             a court approved plan including but not  limited  to
                            -20-               LRB9004451RCks
 1             the defendant's:
 2                       (i)  removal from the household;
 3                       (ii)  restricted contact with the victim;
 4                       (iii)  continued  financial support of the
 5                  family;
 6                       (iv)  restitution for  harm  done  to  the
 7                  victim; and
 8                       (v)  compliance  with  any  other measures
 9                  that the court may deem appropriate; and
10             (2)  the court orders the defendant to pay  for  the
11        victim's  counseling  services,  to  the  extent that the
12        court finds, after considering the defendant's income and
13        assets, that the  defendant  is  financially  capable  of
14        paying  for  such  services,  if  the victim was under 18
15        years of age at the time the offense  was  committed  and
16        requires counseling as a result of the offense.
17        Probation  may be revoked or modified pursuant to Section
18    5-6-4; except where the court determines at the hearing  that
19    the  defendant  violated  a condition of his or her probation
20    restricting contact with the victim or other  family  members
21    or  commits  another  offense with the victim or other family
22    members, the court shall revoke the defendant's probation and
23    impose a term of imprisonment.
24        For the purposes of this  Section,  "family  member"  and
25    "victim"  shall have the meanings ascribed to them in Section
26    12-12 of the Criminal Code of 1961.
27        (f)  This Article shall not  deprive  a  court  in  other
28    proceedings  to order a forfeiture of property, to suspend or
29    cancel a license, to remove  a  person  from  office,  or  to
30    impose any other civil penalty.
31        (g)  Whenever  a  defendant  is  convicted  of an offense
32    under Sections 11-14, 11-15, 11-15.1,  11-16,  11-17,  11-18,
33    11-18.1,  11-19,  11-19.1,  11-19.2,  12-13,  12-14, 12-14.1,
34    12-15 or 12-16 of the Criminal Code of  1961,  the  defendant
                            -21-               LRB9004451RCks
 1    shall  undergo  medical  testing  to  determine  whether  the
 2    defendant has any sexually transmissible disease, including a
 3    test for infection with human immunodeficiency virus (HIV) or
 4    any    other   identified   causative   agent   of   acquired
 5    immunodeficiency syndrome  (AIDS).   Any  such  medical  test
 6    shall  be  performed  only  by appropriately licensed medical
 7    practitioners and may  include  an  analysis  of  any  bodily
 8    fluids  as  well as an examination of the defendant's person.
 9    Except as otherwise provided by law, the results of such test
10    shall be kept strictly confidential by all medical  personnel
11    involved in the testing and must be personally delivered in a
12    sealed  envelope  to  the  judge  of  the  court in which the
13    conviction was entered for the judge's inspection in  camera.
14    Acting  in  accordance  with the best interests of the victim
15    and the public,  the  judge  shall  have  the  discretion  to
16    determine  to whom, if anyone, the results of the testing may
17    be revealed. The court shall notify the defendant of the test
18    results.  The court shall also notify the victim if requested
19    by the victim, and if the victim is under the age of  15  and
20    if  requested  by the victim's parents or legal guardian, the
21    court shall notify the victim's parents or legal guardian  of
22    the test results.  The court shall provide information on the
23    availability  of  HIV testing and counseling at Department of
24    Public Health facilities to all parties to whom  the  results
25    of  the  testing  are  revealed  and shall direct the State's
26    Attorney to  provide  the  information  to  the  victim  when
27    possible. A State's Attorney may petition the court to obtain
28    the  results of any HIV test administered under this Section,
29    and the court shall  grant  the  disclosure  if  the  State's
30    Attorney  shows it is relevant in order to prosecute a charge
31    of criminal transmission of HIV under Section 12-16.2 of  the
32    Criminal Code of 1961 against the defendant.  The court shall
33    order  that  the  cost  of any such test shall be paid by the
34    county and may  be  taxed  as  costs  against  the  convicted
                            -22-               LRB9004451RCks
 1    defendant.
 2        (g-5)  When   an   inmate   is  tested  for  an  airborne
 3    communicable  disease,  as   determined   by   the   Illinois
 4    Department  of  Public  Health  including  but not limited to
 5    tuberculosis, the results of the  test  shall  be  personally
 6    delivered  by  the  warden or his or her designee in a sealed
 7    envelope to the judge of the court in which the  inmate  must
 8    appear  for  the judge's inspection in camera if requested by
 9    the judge.  Acting in accordance with the best  interests  of
10    those  in  the courtroom, the judge shall have the discretion
11    to determine what if any precautions  need  to  be  taken  to
12    prevent transmission of the disease in the courtroom.
13        (h)  Whenever  a  defendant  is  convicted  of an offense
14    under Section 1 or 2 of the Hypodermic Syringes  and  Needles
15    Act, the defendant shall undergo medical testing to determine
16    whether   the   defendant   has   been   exposed   to   human
17    immunodeficiency   virus   (HIV)   or  any  other  identified
18    causative agent of acquired immunodeficiency syndrome (AIDS).
19    Except as otherwise provided by law, the results of such test
20    shall be kept strictly confidential by all medical  personnel
21    involved in the testing and must be personally delivered in a
22    sealed  envelope  to  the  judge  of  the  court in which the
23    conviction was entered for the judge's inspection in  camera.
24    Acting  in  accordance with the best interests of the public,
25    the judge shall have the discretion to determine to whom,  if
26    anyone, the results of the testing may be revealed. The court
27    shall  notify  the  defendant  of  a positive test showing an
28    infection with the human immunodeficiency  virus  (HIV).  The
29    court  shall  provide  information on the availability of HIV
30    testing  and  counseling  at  Department  of  Public   Health
31    facilities  to all parties to whom the results of the testing
32    are revealed and shall direct the State's Attorney to provide
33    the information  to  the  victim  when  possible.  A  State's
34    Attorney  may petition the court to obtain the results of any
                            -23-               LRB9004451RCks
 1    HIV test administered under  this   Section,  and  the  court
 2    shall  grant  the disclosure if the State's Attorney shows it
 3    is relevant in  order  to  prosecute  a  charge  of  criminal
 4    transmission  of  HIV  under  Section 12-16.2 of the Criminal
 5    Code of 1961 against the defendant.  The  court  shall  order
 6    that  the  cost  of any such test shall be paid by the county
 7    and may be taxed as costs against the convicted defendant.
 8        (i)  All fines and penalties imposed under  this  Section
 9    for any violation of Chapters 3, 4, 6, and 11 of the Illinois
10    Vehicle  Code,  or  a similar provision of a local ordinance,
11    and any violation of the Child Passenger Protection Act, or a
12    similar provision of a local ordinance,  shall  be  collected
13    and  disbursed by the circuit clerk as provided under Section
14    27.5 of the Clerks of Courts Act.
15        (j)  In cases  when  prosecution  for  any  violation  of
16    Section  11-6,  11-8,  11-9,  11-11,  11-14,  11-15, 11-15.1,
17    11-16,  11-17,  11-17.1,  11-18,  11-18.1,  11-19,   11-19.1,
18    11-19.2,  11-20.1,  11-21,  12-13,  12-14, 12-14.1, 12-15, or
19    12-16 of the Criminal Code of  1961,  any  violation  of  the
20    Illinois  Controlled  Substances Act, or any violation of the
21    Cannabis Control Act results in conviction, a disposition  of
22    court  supervision,  or  an  order of probation granted under
23    Section 10 of the Cannabis Control Act or Section 410 of  the
24    Illinois  Controlled  Substance Act of a defendant, the court
25    shall determine  whether  the  defendant  is  employed  by  a
26    facility  or  center  as  defined under the Child Care Act of
27    1969, a public or private elementary or secondary school,  or
28    otherwise  works  with  children  under  18 years of age on a
29    daily basis.  When a defendant  is  so  employed,  the  court
30    shall  order  the  Clerk  of  the Court to send a copy of the
31    judgment of conviction or order of supervision  or  probation
32    to  the  defendant's  employer  by  certified  mail.  If  the
33    employer of the defendant is a school, the Clerk of the Court
34    shall  direct  the  mailing  of  a  copy  of  the judgment of
                            -24-               LRB9004451RCks
 1    conviction or  order  of  supervision  or  probation  to  the
 2    appropriate regional superintendent of schools.  The regional
 3    superintendent  of  schools  shall  notify the State Board of
 4    Education of any notification under this subsection.
 5        (j-5)  A defendant at  least  17  years  of  age  who  is
 6    convicted  of  a  felony  and  who  has  not  been previously
 7    convicted of a misdemeanor or felony and who is sentenced  to
 8    a   term  of  imprisonment  in  the  Illinois  Department  of
 9    Corrections shall as a condition of his or  her  sentence  be
10    required  by the court to attend educational courses designed
11    to prepare the defendant for a high  school  diploma  and  to
12    work  toward  a high school diploma or to work toward passing
13    the high school level Test of General Educational Development
14    (GED) or to work  toward  completing  a  vocational  training
15    program  offered  by  the  Department  of  Corrections.  If a
16    defendant fails to complete the educational training required
17    by his or her sentence during the term of incarceration,  the
18    Prisoner  Review  Board  shall,  as  a condition of mandatory
19    supervised release, require the defendant, at his or her  own
20    expense,  to  pursue  a  course of study toward a high school
21    diploma or passage of the  GED  test.   The  Prisoner  Review
22    Board  shall  revoke  the  mandatory  supervised release of a
23    defendant who wilfully fails to comply with  this  subsection
24    (j-5)  upon  his  or  her release from confinement in a penal
25    institution while  serving  a  mandatory  supervised  release
26    term;  however, the inability of the defendant after making a
27    good faith effort to obtain financial  aid  or  pay  for  the
28    educational  training shall not be deemed a wilful failure to
29    comply.   The  Prisoner  Review  Board  shall  recommit   the
30    defendant  whose  mandatory  supervised release term has been
31    revoked under this subsection (j-5) as  provided  in  Section
32    3-3-9.   This  subsection (j-5) does not apply to a defendant
33    who has a high school diploma or has successfully passed  the
34    GED test. This subsection (j-5) does not apply to a defendant
                            -25-               LRB9004451RCks
 1    who is determined by the court to be developmentally disabled
 2    or otherwise mentally incapable of completing the educational
 3    or vocational program.
 4        (k)  A court may not impose a sentence or disposition for
 5    a  felony  or  misdemeanor  that requires the defendant to be
 6    implanted or injected with  or  to  use  any  form  of  birth
 7    control.
 8        (l)(A)  Except as provided in paragraph (C) of subsection
 9    (l),  whenever a defendant, who is an alien as defined by the
10    Immigration and Nationality Act, is convicted of  any  felony
11    or  misdemeanor  offense,  the  court  after  sentencing  the
12    defendant  may,  upon  motion  of  the State's Attorney, hold
13    sentence in abeyance and remand the defendant to the  custody
14    of  the  Attorney  General of the United States or his or her
15    designated agent to be deported when:
16             (1)  a final order of deportation  has  been  issued
17        against  the  defendant pursuant to proceedings under the
18        Immigration and Nationality Act, and
19             (2)  the deportation  of  the  defendant  would  not
20        deprecate  the seriousness of the defendant's conduct and
21        would not be inconsistent with the ends of justice.
22        Otherwise, the defendant shall be sentenced  as  provided
23    in this Chapter V.
24        (B)  If  the  defendant  has already been sentenced for a
25    felony  or  misdemeanor  offense,  or  has  been  placed   on
26    probation  under  Section  10  of the Cannabis Control Act or
27    Section 410 of the Illinois Controlled  Substances  Act,  the
28    court may, upon motion of the State's Attorney to suspend the
29    sentence  imposed, commit the defendant to the custody of the
30    Attorney  General  of  the  United  States  or  his  or   her
31    designated agent when:
32             (1)  a  final  order  of deportation has been issued
33        against the defendant pursuant to proceedings  under  the
34        Immigration and Nationality Act, and
                            -26-               LRB9004451RCks
 1             (2)  the  deportation  of  the  defendant  would not
 2        deprecate the seriousness of the defendant's conduct  and
 3        would not be inconsistent with the ends of justice.
 4        (C)  This  subsection (l) does not apply to offenders who
 5    are subject to the provisions of paragraph (2) of  subsection
 6    (a) of Section 3-6-3.
 7        (D)  Upon  motion of the State's Attorney, if a defendant
 8    sentenced under this Section returns to the  jurisdiction  of
 9    the  United States, the defendant shall be recommitted to the
10    custody of the county from which he  or  she  was  sentenced.
11    Thereafter,   the  defendant  shall  be  brought  before  the
12    sentencing court, which may  impose  any  sentence  that  was
13    available   under  Section  5-5-3  at  the  time  of  initial
14    sentencing.  In addition, the defendant shall not be eligible
15    for additional good conduct credit for meritorious service as
16    provided under Section 3-6-6.
17    (Source: P.A. 88-45; 88-336; 88-351; 88-460; 88-467;  88-510;
18    88-659; 88-670, eff. 12-2-94; 88-680, eff. 1-1-95; 89-8, eff.
19    3-21-95;  89-314, eff. 1-1-96; 89-428, eff. 12-13-95; 89-462,
20    eff. 5-29-96; 89-477,  eff.  6-18-96;  89-507,  eff.  7-1-97;
21    89-545,  eff.  7-25-96;  89-587,  eff.  7-31-96; 89-627, eff.
22    1-1-97; 89-688, eff. 6-1-97; revised 1-7-97.)
23        Section 95.  No acceleration or delay.   Where  this  Act
24    makes changes in a statute that is represented in this Act by
25    text  that  is not yet or no longer in effect (for example, a
26    Section represented by multiple versions), the  use  of  that
27    text  does  not  accelerate or delay the taking effect of (i)
28    the changes made by this Act or (ii) provisions derived  from
29    any other Public Act.
30        Section  99.  Effective date.  This Act takes effect upon
31    becoming law.

[ Top ]