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90_HB3508
720 ILCS 5/9-1 from Ch. 38, par. 9-1
730 ILCS 5/5-5-3
Amends the Criminal Code of 1961 to make a stylistic
change in the first degree murder statute. Amends the
Unified Code of Corrections to make a stylistic change in the
Section relating to dispositions for various offenses.
LRB9009679RCdv
LRB9009679RCdv
1 AN ACT in relation to criminal law, amending named Acts.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Criminal Code of 1961 is amended by
5 changing Section 9-1 as follows:
6 (720 ILCS 5/9-1) (from Ch. 38, par. 9-1)
7 Sec. 9-1. First degree Murder - Death penalties -
8 Exceptions - Separate Hearings - Proof - Findings - Appellate
9 procedures - Reversals.
10 (a) A person who kills an individual without lawful
11 justification commits first degree murder if, in performing
12 the acts which cause the death:
13 (1) he or she either intends to kill or do great
14 bodily harm to that individual or another, or knows that
15 such acts will cause death to that individual or another;
16 or
17 (2) he knows that such acts create a strong
18 probability of death or great bodily harm to that
19 individual or another; or
20 (3) he is attempting or committing a forcible
21 felony other than second degree murder.
22 (b) Aggravating Factors. A defendant who at the time of
23 the commission of the offense has attained the age of 18 or
24 more and who has been found guilty of first degree murder may
25 be sentenced to death if:
26 (1) the murdered individual was a peace officer or
27 fireman killed in the course of performing his official
28 duties, to prevent the performance of his official
29 duties, or in retaliation for performing his official
30 duties, and the defendant knew or should have known that
31 the murdered individual was a peace officer or fireman;
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1 or
2 (2) the murdered individual was an employee of an
3 institution or facility of the Department of Corrections,
4 or any similar local correctional agency, killed in the
5 course of performing his official duties, to prevent the
6 performance of his official duties, or in retaliation for
7 performing his official duties, or the murdered
8 individual was an inmate at such institution or facility
9 and was killed on the grounds thereof, or the murdered
10 individual was otherwise present in such institution or
11 facility with the knowledge and approval of the chief
12 administrative officer thereof; or
13 (3) the defendant has been convicted of murdering
14 two or more individuals under subsection (a) of this
15 Section or under any law of the United States or of any
16 state which is substantially similar to subsection (a) of
17 this Section regardless of whether the deaths occurred
18 as the result of the same act or of several related or
19 unrelated acts so long as the deaths were the result of
20 either an intent to kill more than one person or of
21 separate acts which the defendant knew would cause death
22 or create a strong probability of death or great bodily
23 harm to the murdered individual or another; or
24 (4) the murdered individual was killed as a result
25 of the hijacking of an airplane, train, ship, bus or
26 other public conveyance; or
27 (5) the defendant committed the murder pursuant to
28 a contract, agreement or understanding by which he was to
29 receive money or anything of value in return for
30 committing the murder or procured another to commit the
31 murder for money or anything of value; or
32 (6) the murdered individual was killed in the
33 course of another felony if:
34 (a) the murdered individual:
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1 (i) was actually killed by the defendant,
2 or
3 (ii) received physical injuries
4 personally inflicted by the defendant
5 substantially contemporaneously with physical
6 injuries caused by one or more persons for
7 whose conduct the defendant is legally
8 accountable under Section 5-2 of this Code, and
9 the physical injuries inflicted by either the
10 defendant or the other person or persons for
11 whose conduct he is legally accountable caused
12 the death of the murdered individual; and
13 (b) in performing the acts which caused the
14 death of the murdered individual or which resulted
15 in physical injuries personally inflicted by the
16 defendant on the murdered individual under the
17 circumstances of subdivision (ii) of subparagraph
18 (a) of paragraph (6) of subsection (b) of this
19 Section, the defendant acted with the intent to kill
20 the murdered individual or with the knowledge that
21 his acts created a strong probability of death or
22 great bodily harm to the murdered individual or
23 another; and
24 (c) the other felony was one of the following:
25 armed robbery, armed violence, robbery, predatory
26 criminal sexual assault of a child, aggravated
27 criminal sexual assault, aggravated kidnapping,
28 aggravated vehicular hijacking, forcible detention,
29 arson, aggravated arson, aggravated stalking,
30 burglary, residential burglary, home invasion,
31 calculated criminal drug conspiracy as defined in
32 Section 405 of the Illinois Controlled Substances
33 Act, streetgang criminal drug conspiracy as defined
34 in Section 405.2 of the Illinois Controlled
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1 Substances Act, or the attempt to commit any of the
2 felonies listed in this subsection (c); or
3 (7) the murdered individual was under 12 years of
4 age and the death resulted from exceptionally brutal or
5 heinous behavior indicative of wanton cruelty; or
6 (8) the defendant committed the murder with intent
7 to prevent the murdered individual from testifying in any
8 criminal prosecution or giving material assistance to the
9 State in any investigation or prosecution, either against
10 the defendant or another; or the defendant committed the
11 murder because the murdered individual was a witness in
12 any prosecution or gave material assistance to the State
13 in any investigation or prosecution, either against the
14 defendant or another; or
15 (9) the defendant, while committing an offense
16 punishable under Sections 401, 401.1, 401.2, 405, 405.2,
17 407 or 407.1 or subsection (b) of Section 404 of the
18 Illinois Controlled Substances Act, or while engaged in a
19 conspiracy or solicitation to commit such offense,
20 intentionally killed an individual or counseled,
21 commanded, induced, procured or caused the intentional
22 killing of the murdered individual; or
23 (10) the defendant was incarcerated in an
24 institution or facility of the Department of Corrections
25 at the time of the murder, and while committing an
26 offense punishable as a felony under Illinois law, or
27 while engaged in a conspiracy or solicitation to commit
28 such offense, intentionally killed an individual or
29 counseled, commanded, induced, procured or caused the
30 intentional killing of the murdered individual; or
31 (11) the murder was committed in a cold, calculated
32 and premeditated manner pursuant to a preconceived plan,
33 scheme or design to take a human life by unlawful means,
34 and the conduct of the defendant created a reasonable
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1 expectation that the death of a human being would result
2 therefrom; or
3 (12) the murdered individual was an emergency
4 medical technician - ambulance, emergency medical
5 technician - intermediate, emergency medical technician -
6 paramedic, ambulance driver, or other medical assistance
7 or first aid personnel, employed by a municipality or
8 other governmental unit, killed in the course of
9 performing his official duties, to prevent the
10 performance of his official duties, or in retaliation for
11 performing his official duties, and the defendant knew or
12 should have known that the murdered individual was an
13 emergency medical technician - ambulance, emergency
14 medical technician - intermediate, emergency medical
15 technician - paramedic, ambulance driver, or other
16 medical assistance or first aid personnel; or
17 (13) the defendant was a principal administrator,
18 organizer, or leader of a calculated criminal drug
19 conspiracy consisting of a hierarchical position of
20 authority superior to that of all other members of the
21 conspiracy, and the defendant counseled, commanded,
22 induced, procured, or caused the intentional killing of
23 the murdered person; or
24 (14) the murder was intentional and involved the
25 infliction of torture. For the purpose of this Section
26 torture means the infliction of or subjection to extreme
27 physical pain, motivated by an intent to increase or
28 prolong the pain, suffering or agony of the victim; or
29 (15) the murder was committed as a result of the
30 intentional discharge of a firearm by the defendant from
31 a motor vehicle and the victim was not present within the
32 motor vehicle; or
33 (16) the murdered individual was 60 years of age or
34 older and the death resulted from exceptionally brutal or
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1 heinous behavior indicative of wanton cruelty; or
2 (17) the murdered individual was a disabled person
3 and the defendant knew or should have known that the
4 murdered individual was disabled. For purposes of this
5 paragraph (17), "disabled person" means a person who
6 suffers from a permanent physical or mental impairment
7 resulting from disease, an injury, a functional disorder,
8 or a congenital condition that renders the person
9 incapable of adequately providing for his or her own
10 health or personal care.
11 (c) Consideration of factors in Aggravation and
12 Mitigation.
13 The court shall consider, or shall instruct the jury to
14 consider any aggravating and any mitigating factors which are
15 relevant to the imposition of the death penalty. Aggravating
16 factors may include but need not be limited to those factors
17 set forth in subsection (b). Mitigating factors may include
18 but need not be limited to the following:
19 (1) the defendant has no significant history of
20 prior criminal activity;
21 (2) the murder was committed while the defendant
22 was under the influence of extreme mental or emotional
23 disturbance, although not such as to constitute a defense
24 to prosecution;
25 (3) the murdered individual was a participant in
26 the defendant's homicidal conduct or consented to the
27 homicidal act;
28 (4) the defendant acted under the compulsion of
29 threat or menace of the imminent infliction of death or
30 great bodily harm;
31 (5) the defendant was not personally present during
32 commission of the act or acts causing death.
33 (d) Separate sentencing hearing.
34 Where requested by the State, the court shall conduct a
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1 separate sentencing proceeding to determine the existence of
2 factors set forth in subsection (b) and to consider any
3 aggravating or mitigating factors as indicated in subsection
4 (c). The proceeding shall be conducted:
5 (1) before the jury that determined the defendant's
6 guilt; or
7 (2) before a jury impanelled for the purpose of the
8 proceeding if:
9 A. the defendant was convicted upon a plea of
10 guilty; or
11 B. the defendant was convicted after a trial
12 before the court sitting without a jury; or
13 C. the court for good cause shown discharges
14 the jury that determined the defendant's guilt; or
15 (3) before the court alone if the defendant waives
16 a jury for the separate proceeding.
17 (e) Evidence and Argument.
18 During the proceeding any information relevant to any of
19 the factors set forth in subsection (b) may be presented by
20 either the State or the defendant under the rules governing
21 the admission of evidence at criminal trials. Any
22 information relevant to any additional aggravating factors or
23 any mitigating factors indicated in subsection (c) may be
24 presented by the State or defendant regardless of its
25 admissibility under the rules governing the admission of
26 evidence at criminal trials. The State and the defendant
27 shall be given fair opportunity to rebut any information
28 received at the hearing.
29 (f) Proof.
30 The burden of proof of establishing the existence of any
31 of the factors set forth in subsection (b) is on the State
32 and shall not be satisfied unless established beyond a
33 reasonable doubt.
34 (g) Procedure - Jury.
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1 If at the separate sentencing proceeding the jury finds
2 that none of the factors set forth in subsection (b) exists,
3 the court shall sentence the defendant to a term of
4 imprisonment under Chapter V of the Unified Code of
5 Corrections. If there is a unanimous finding by the jury
6 that one or more of the factors set forth in subsection (b)
7 exist, the jury shall consider aggravating and mitigating
8 factors as instructed by the court and shall determine
9 whether the sentence of death shall be imposed. If the jury
10 determines unanimously that there are no mitigating factors
11 sufficient to preclude the imposition of the death sentence,
12 the court shall sentence the defendant to death.
13 Unless the jury unanimously finds that there are no
14 mitigating factors sufficient to preclude the imposition of
15 the death sentence the court shall sentence the defendant to
16 a term of imprisonment under Chapter V of the Unified Code of
17 Corrections.
18 (h) Procedure - No Jury.
19 In a proceeding before the court alone, if the court
20 finds that none of the factors found in subsection (b)
21 exists, the court shall sentence the defendant to a term of
22 imprisonment under Chapter V of the Unified Code of
23 Corrections.
24 If the Court determines that one or more of the factors
25 set forth in subsection (b) exists, the Court shall consider
26 any aggravating and mitigating factors as indicated in
27 subsection (c). If the Court determines that there are no
28 mitigating factors sufficient to preclude the imposition of
29 the death sentence, the Court shall sentence the defendant to
30 death.
31 Unless the court finds that there are no mitigating
32 factors sufficient to preclude the imposition of the sentence
33 of death, the court shall sentence the defendant to a term of
34 imprisonment under Chapter V of the Unified Code of
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1 Corrections.
2 (i) Appellate Procedure.
3 The conviction and sentence of death shall be subject to
4 automatic review by the Supreme Court. Such review shall be
5 in accordance with rules promulgated by the Supreme Court.
6 (j) Disposition of reversed death sentence.
7 In the event that the death penalty in this Act is held
8 to be unconstitutional by the Supreme Court of the United
9 States or of the State of Illinois, any person convicted of
10 first degree murder shall be sentenced by the court to a term
11 of imprisonment under Chapter V of the Unified Code of
12 Corrections.
13 In the event that any death sentence pursuant to the
14 sentencing provisions of this Section is declared
15 unconstitutional by the Supreme Court of the United States or
16 of the State of Illinois, the court having jurisdiction over
17 a person previously sentenced to death shall cause the
18 defendant to be brought before the court, and the court shall
19 sentence the defendant to a term of imprisonment under
20 Chapter V of the Unified Code of Corrections.
21 (Source: P.A. 89-235, eff. 8-4-95; 89-428, eff. 12-13-95;
22 89-462, eff. 5-29-96; 89-498, eff. 6-27-96; 90-213, eff.
23 1-1-98.)
24 Section 10. The Unified Code of Corrections is amended
25 by changing Section 5-5-3 as follows:
26 (730 ILCS 5/5-5-3) (from Ch. 38, par. 1005-5-3)
27 Sec. 5-5-3. Disposition.
28 (a) Every person convicted of an offense shall be
29 sentenced as provided in this Section.
30 (b) The following options shall be appropriate
31 dispositions, alone or in combination, for all felonies and
32 misdemeanors other than those identified in subsection (c) of
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1 this Section:
2 (1) A period of probation.
3 (2) A term of periodic imprisonment.
4 (3) A term of conditional discharge.
5 (4) A term of imprisonment.
6 (5) An order directing the offender to clean up and
7 repair the damage, if the offender was convicted under
8 paragraph (h) of Section 21-1 of the Criminal Code of
9 1961.
10 (6) A fine.
11 (7) An order directing the offender to make
12 restitution to the victim under Section 5-5-6 of this
13 Code.
14 (8) A sentence of participation in a county impact
15 incarceration program under Section 5-8-1.2 of this Code.
16 Whenever an individual is sentenced for an offense based
17 upon an arrest for a violation of Section 11-501 of the
18 Illinois Vehicle Code, or a similar provision of a local
19 ordinance, and the professional evaluation recommends
20 remedial or rehabilitative treatment or education, neither
21 the treatment nor the education shall be the sole disposition
22 and either or both may be imposed only in conjunction with
23 another disposition. The court shall monitor compliance with
24 any remedial education or treatment recommendations contained
25 in the professional evaluation. Programs conducting alcohol
26 or other drug evaluation or remedial education must be
27 licensed by the Department of Human Services. However, if
28 the individual is not a resident of Illinois, the court may
29 accept an alcohol or other drug evaluation or remedial
30 education program in the state of such individual's
31 residence. Programs providing treatment must be licensed
32 under existing applicable alcoholism and drug treatment
33 licensure standards.
34 In addition to any other fine or penalty required by law,
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1 any individual convicted of a violation of Section 11-501 of
2 the Illinois Vehicle Code or a similar provision of local
3 ordinance, whose operation of a motor vehicle while in
4 violation of Section 11-501 or such ordinance proximately
5 caused an incident resulting in an appropriate emergency
6 response, shall be required to make restitution to a public
7 agency for the costs of that emergency response. Such
8 restitution shall not exceed $500 per public agency for each
9 such emergency response. For the purpose of this paragraph,
10 emergency response shall mean any incident requiring a
11 response by: a police officer as defined under Section 1-162
12 of the Illinois Vehicle Code; a fireman carried on the rolls
13 of a regularly constituted fire department; and an ambulance
14 as defined under Section 4.05 of the Emergency Medical
15 Services (EMS) Systems Act.
16 Neither a fine nor restitution shall be the sole
17 disposition for a felony and either or both may be imposed
18 only in conjunction with another disposition.
19 (c) (1) When a defendant is found guilty of first degree
20 murder the State may either seek a sentence of
21 imprisonment under Section 5-8-1 of this Code, or if
22 where appropriate seek a sentence of death under Section
23 9-1 of the Criminal Code of 1961.
24 (2) A period of probation, a term of periodic
25 imprisonment or conditional discharge shall not be
26 imposed for the following offenses. The court shall
27 sentence the offender to not less than the minimum term
28 of imprisonment set forth in this Code for the following
29 offenses, and may order a fine or restitution or both in
30 conjunction with such term of imprisonment:
31 (A) First degree murder where the death
32 penalty is not imposed.
33 (B) Attempted first degree murder.
34 (C) A Class X felony.
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1 (D) A violation of Section 401.1 or 407 of the
2 Illinois Controlled Substances Act, or a violation
3 of subdivision (c)(2) of Section 401 of that Act
4 which relates to more than 5 grams of a substance
5 containing cocaine or an analog thereof.
6 (E) A violation of Section 5.1 or 9 of the
7 Cannabis Control Act.
8 (F) A Class 2 or greater felony if the
9 offender had been convicted of a Class 2 or greater
10 felony within 10 years of the date on which he
11 committed the offense for which he is being
12 sentenced.
13 (G) Residential burglary.
14 (H) Criminal sexual assault, except as
15 otherwise provided in subsection (e) of this
16 Section.
17 (I) Aggravated battery of a senior citizen.
18 (J) A forcible felony if the offense was
19 related to the activities of an organized gang.
20 Before July 1, 1994, for the purposes of this
21 paragraph, "organized gang" means an association of
22 5 or more persons, with an established hierarchy,
23 that encourages members of the association to
24 perpetrate crimes or provides support to the members
25 of the association who do commit crimes.
26 Beginning July 1, 1994, for the purposes of
27 this paragraph, "organized gang" has the meaning
28 ascribed to it in Section 10 of the Illinois
29 Streetgang Terrorism Omnibus Prevention Act.
30 (K) Vehicular hijacking.
31 (L) A second or subsequent conviction for the
32 offense of hate crime when the underlying offense
33 upon which the hate crime is based is felony
34 aggravated assault or felony mob action.
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1 (M) A second or subsequent conviction for the
2 offense of institutional vandalism if the damage to
3 the property exceeds $300.
4 (N) A Class 3 felony violation of paragraph
5 (1) of subsection (a) of Section 2 of the Firearm
6 Owners Identification Card Act.
7 (O) A violation of Section 12-6.1 of the
8 Criminal Code of 1961.
9 (P) A violation of paragraph (1), (2), (3),
10 (4), (5), or (7) of subsection (a) of Section
11 11-20.1 of the Criminal Code of 1961.
12 (3) A minimum term of imprisonment of not less than
13 48 consecutive hours or 100 hours of community service as
14 may be determined by the court shall be imposed for a
15 second or subsequent violation committed within 5 years
16 of a previous violation of Section 11-501 of the Illinois
17 Vehicle Code or a similar provision of a local ordinance.
18 (4) A minimum term of imprisonment of not less than
19 7 consecutive days or 30 days of community service shall
20 be imposed for a violation of paragraph (c) of Section
21 6-303 of the Illinois Vehicle Code.
22 (4.1) A minimum term of 30 consecutive days of
23 imprisonment, 40 days of 24 hour periodic imprisonment or
24 720 hours of community service, as may be determined by
25 the court, shall be imposed for a violation of Section
26 11-501 of the Illinois Vehicle Code during a period in
27 which the defendant's driving privileges are revoked or
28 suspended, where the revocation or suspension was for a
29 violation of Section 11-501 or Section 11-501.1 of that
30 Code.
31 (5) The court may sentence an offender convicted of
32 a business offense or a petty offense or a corporation or
33 unincorporated association convicted of any offense to:
34 (A) a period of conditional discharge;
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1 (B) a fine;
2 (C) make restitution to the victim under
3 Section 5-5-6 of this Code.
4 (6) In no case shall an offender be eligible for a
5 disposition of probation or conditional discharge for a
6 Class 1 felony committed while he was serving a term of
7 probation or conditional discharge for a felony.
8 (7) When a defendant is adjudged a habitual
9 criminal under Article 33B of the Criminal Code of 1961,
10 the court shall sentence the defendant to a term of
11 natural life imprisonment.
12 (8) When a defendant, over the age of 21 years, is
13 convicted of a Class 1 or Class 2 felony, after having
14 twice been convicted of any Class 2 or greater Class
15 felonies in Illinois, and such charges are separately
16 brought and tried and arise out of different series of
17 acts, such defendant shall be sentenced as a Class X
18 offender. This paragraph shall not apply unless (1) the
19 first felony was committed after the effective date of
20 this amendatory Act of 1977; and (2) the second felony
21 was committed after conviction on the first; and (3) the
22 third felony was committed after conviction on the
23 second.
24 (9) A defendant convicted of a second or subsequent
25 offense of ritualized abuse of a child may be sentenced
26 to a term of natural life imprisonment.
27 (10) Beginning July 1, 1994, unless sentencing
28 under Section 33B-1 is applicable, a term of imprisonment
29 of not less than 15 years nor more than 50 years shall be
30 imposed on a defendant who violates Section 33A-2 of the
31 Criminal Code of 1961 with a firearm, when that person
32 has been convicted in any state or federal court of 3 or
33 more of the following offenses: treason, first degree
34 murder, second degree murder, aggravated criminal sexual
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1 assault, criminal sexual assault, robbery, burglary,
2 arson, kidnaping, aggravated battery resulting in great
3 bodily harm or permanent disability or disfigurement, or
4 a violation of Section 401(a) of the Illinois Controlled
5 Substances Act, when the third offense was committed
6 after conviction on the second, the second offense was
7 committed after conviction on the first, and the
8 violation of Section 33A-2 of the Criminal Code of 1961
9 was committed after conviction on the third.
10 (11) Beginning July 1, 1994, a term of imprisonment
11 of not less than 10 years and not more than 30 years
12 shall be imposed on a defendant who violates Section
13 33A-2 with a Category I weapon where the offense was
14 committed in any school, or any conveyance owned, leased,
15 or contracted by a school to transport students to or
16 from school or a school related activity, on the real
17 property comprising any school or public park, and where
18 the offense was related to the activities of an organized
19 gang. For the purposes of this paragraph (11),
20 "organized gang" has the meaning ascribed to it in
21 Section 10 of the Illinois Streetgang Terrorism Omnibus
22 Prevention Act.
23 (d) In any case in which a sentence originally imposed
24 is vacated, the case shall be remanded to the trial court.
25 The trial court shall hold a hearing under Section 5-4-1 of
26 the Unified Code of Corrections which may include evidence of
27 the defendant's life, moral character and occupation during
28 the time since the original sentence was passed. The trial
29 court shall then impose sentence upon the defendant. The
30 trial court may impose any sentence which could have been
31 imposed at the original trial subject to Section 5-5-4 of the
32 Unified Code of Corrections.
33 (e) In cases where prosecution for criminal sexual
34 assault or aggravated criminal sexual abuse under Section
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1 12-13 or 12-16 of the Criminal Code of 1961 results in
2 conviction of a defendant who was a family member of the
3 victim at the time of the commission of the offense, the
4 court shall consider the safety and welfare of the victim and
5 may impose a sentence of probation only where:
6 (1) the court finds (A) or (B) or both are
7 appropriate:
8 (A) the defendant is willing to undergo a
9 court approved counseling program for a minimum
10 duration of 2 years; or
11 (B) the defendant is willing to participate in
12 a court approved plan including but not limited to
13 the defendant's:
14 (i) removal from the household;
15 (ii) restricted contact with the victim;
16 (iii) continued financial support of the
17 family;
18 (iv) restitution for harm done to the
19 victim; and
20 (v) compliance with any other measures
21 that the court may deem appropriate; and
22 (2) the court orders the defendant to pay for the
23 victim's counseling services, to the extent that the
24 court finds, after considering the defendant's income and
25 assets, that the defendant is financially capable of
26 paying for such services, if the victim was under 18
27 years of age at the time the offense was committed and
28 requires counseling as a result of the offense.
29 Probation may be revoked or modified pursuant to Section
30 5-6-4; except where the court determines at the hearing that
31 the defendant violated a condition of his or her probation
32 restricting contact with the victim or other family members
33 or commits another offense with the victim or other family
34 members, the court shall revoke the defendant's probation and
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1 impose a term of imprisonment.
2 For the purposes of this Section, "family member" and
3 "victim" shall have the meanings ascribed to them in Section
4 12-12 of the Criminal Code of 1961.
5 (f) This Article shall not deprive a court in other
6 proceedings to order a forfeiture of property, to suspend or
7 cancel a license, to remove a person from office, or to
8 impose any other civil penalty.
9 (g) Whenever a defendant is convicted of an offense
10 under Sections 11-14, 11-15, 11-15.1, 11-16, 11-17, 11-18,
11 11-18.1, 11-19, 11-19.1, 11-19.2, 12-13, 12-14, 12-14.1,
12 12-15 or 12-16 of the Criminal Code of 1961, the defendant
13 shall undergo medical testing to determine whether the
14 defendant has any sexually transmissible disease, including a
15 test for infection with human immunodeficiency virus (HIV) or
16 any other identified causative agent of acquired
17 immunodeficiency syndrome (AIDS). Any such medical test
18 shall be performed only by appropriately licensed medical
19 practitioners and may include an analysis of any bodily
20 fluids as well as an examination of the defendant's person.
21 Except as otherwise provided by law, the results of such test
22 shall be kept strictly confidential by all medical personnel
23 involved in the testing and must be personally delivered in a
24 sealed envelope to the judge of the court in which the
25 conviction was entered for the judge's inspection in camera.
26 Acting in accordance with the best interests of the victim
27 and the public, the judge shall have the discretion to
28 determine to whom, if anyone, the results of the testing may
29 be revealed. The court shall notify the defendant of the test
30 results. The court shall also notify the victim if requested
31 by the victim, and if the victim is under the age of 15 and
32 if requested by the victim's parents or legal guardian, the
33 court shall notify the victim's parents or legal guardian of
34 the test results. The court shall provide information on the
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1 availability of HIV testing and counseling at Department of
2 Public Health facilities to all parties to whom the results
3 of the testing are revealed and shall direct the State's
4 Attorney to provide the information to the victim when
5 possible. A State's Attorney may petition the court to obtain
6 the results of any HIV test administered under this Section,
7 and the court shall grant the disclosure if the State's
8 Attorney shows it is relevant in order to prosecute a charge
9 of criminal transmission of HIV under Section 12-16.2 of the
10 Criminal Code of 1961 against the defendant. The court shall
11 order that the cost of any such test shall be paid by the
12 county and may be taxed as costs against the convicted
13 defendant.
14 (g-5) When an inmate is tested for an airborne
15 communicable disease, as determined by the Illinois
16 Department of Public Health including but not limited to
17 tuberculosis, the results of the test shall be personally
18 delivered by the warden or his or her designee in a sealed
19 envelope to the judge of the court in which the inmate must
20 appear for the judge's inspection in camera if requested by
21 the judge. Acting in accordance with the best interests of
22 those in the courtroom, the judge shall have the discretion
23 to determine what if any precautions need to be taken to
24 prevent transmission of the disease in the courtroom.
25 (h) Whenever a defendant is convicted of an offense
26 under Section 1 or 2 of the Hypodermic Syringes and Needles
27 Act, the defendant shall undergo medical testing to determine
28 whether the defendant has been exposed to human
29 immunodeficiency virus (HIV) or any other identified
30 causative agent of acquired immunodeficiency syndrome (AIDS).
31 Except as otherwise provided by law, the results of such test
32 shall be kept strictly confidential by all medical personnel
33 involved in the testing and must be personally delivered in a
34 sealed envelope to the judge of the court in which the
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1 conviction was entered for the judge's inspection in camera.
2 Acting in accordance with the best interests of the public,
3 the judge shall have the discretion to determine to whom, if
4 anyone, the results of the testing may be revealed. The court
5 shall notify the defendant of a positive test showing an
6 infection with the human immunodeficiency virus (HIV). The
7 court shall provide information on the availability of HIV
8 testing and counseling at Department of Public Health
9 facilities to all parties to whom the results of the testing
10 are revealed and shall direct the State's Attorney to provide
11 the information to the victim when possible. A State's
12 Attorney may petition the court to obtain the results of any
13 HIV test administered under this Section, and the court
14 shall grant the disclosure if the State's Attorney shows it
15 is relevant in order to prosecute a charge of criminal
16 transmission of HIV under Section 12-16.2 of the Criminal
17 Code of 1961 against the defendant. The court shall order
18 that the cost of any such test shall be paid by the county
19 and may be taxed as costs against the convicted defendant.
20 (i) All fines and penalties imposed under this Section
21 for any violation of Chapters 3, 4, 6, and 11 of the Illinois
22 Vehicle Code, or a similar provision of a local ordinance,
23 and any violation of the Child Passenger Protection Act, or a
24 similar provision of a local ordinance, shall be collected
25 and disbursed by the circuit clerk as provided under Section
26 27.5 of the Clerks of Courts Act.
27 (j) In cases when prosecution for any violation of
28 Section 11-6, 11-8, 11-9, 11-11, 11-14, 11-15, 11-15.1,
29 11-16, 11-17, 11-17.1, 11-18, 11-18.1, 11-19, 11-19.1,
30 11-19.2, 11-20.1, 11-21, 12-13, 12-14, 12-14.1, 12-15, or
31 12-16 of the Criminal Code of 1961, any violation of the
32 Illinois Controlled Substances Act, or any violation of the
33 Cannabis Control Act results in conviction, a disposition of
34 court supervision, or an order of probation granted under
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1 Section 10 of the Cannabis Control Act or Section 410 of the
2 Illinois Controlled Substance Act of a defendant, the court
3 shall determine whether the defendant is employed by a
4 facility or center as defined under the Child Care Act of
5 1969, a public or private elementary or secondary school, or
6 otherwise works with children under 18 years of age on a
7 daily basis. When a defendant is so employed, the court
8 shall order the Clerk of the Court to send a copy of the
9 judgment of conviction or order of supervision or probation
10 to the defendant's employer by certified mail. If the
11 employer of the defendant is a school, the Clerk of the Court
12 shall direct the mailing of a copy of the judgment of
13 conviction or order of supervision or probation to the
14 appropriate regional superintendent of schools. The regional
15 superintendent of schools shall notify the State Board of
16 Education of any notification under this subsection.
17 (j-5) A defendant at least 17 years of age who is
18 convicted of a felony and who has not been previously
19 convicted of a misdemeanor or felony and who is sentenced to
20 a term of imprisonment in the Illinois Department of
21 Corrections shall as a condition of his or her sentence be
22 required by the court to attend educational courses designed
23 to prepare the defendant for a high school diploma and to
24 work toward a high school diploma or to work toward passing
25 the high school level Test of General Educational Development
26 (GED) or to work toward completing a vocational training
27 program offered by the Department of Corrections. If a
28 defendant fails to complete the educational training required
29 by his or her sentence during the term of incarceration, the
30 Prisoner Review Board shall, as a condition of mandatory
31 supervised release, require the defendant, at his or her own
32 expense, to pursue a course of study toward a high school
33 diploma or passage of the GED test. The Prisoner Review
34 Board shall revoke the mandatory supervised release of a
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1 defendant who wilfully fails to comply with this subsection
2 (j-5) upon his or her release from confinement in a penal
3 institution while serving a mandatory supervised release
4 term; however, the inability of the defendant after making a
5 good faith effort to obtain financial aid or pay for the
6 educational training shall not be deemed a wilful failure to
7 comply. The Prisoner Review Board shall recommit the
8 defendant whose mandatory supervised release term has been
9 revoked under this subsection (j-5) as provided in Section
10 3-3-9. This subsection (j-5) does not apply to a defendant
11 who has a high school diploma or has successfully passed the
12 GED test. This subsection (j-5) does not apply to a defendant
13 who is determined by the court to be developmentally disabled
14 or otherwise mentally incapable of completing the educational
15 or vocational program.
16 (k) A court may not impose a sentence or disposition for
17 a felony or misdemeanor that requires the defendant to be
18 implanted or injected with or to use any form of birth
19 control.
20 (l)(A) Except as provided in paragraph (C) of subsection
21 (l), whenever a defendant, who is an alien as defined by the
22 Immigration and Nationality Act, is convicted of any felony
23 or misdemeanor offense, the court after sentencing the
24 defendant may, upon motion of the State's Attorney, hold
25 sentence in abeyance and remand the defendant to the custody
26 of the Attorney General of the United States or his or her
27 designated agent to be deported when:
28 (1) a final order of deportation has been issued
29 against the defendant pursuant to proceedings under the
30 Immigration and Nationality Act, and
31 (2) the deportation of the defendant would not
32 deprecate the seriousness of the defendant's conduct and
33 would not be inconsistent with the ends of justice.
34 Otherwise, the defendant shall be sentenced as provided
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1 in this Chapter V.
2 (B) If the defendant has already been sentenced for a
3 felony or misdemeanor offense, or has been placed on
4 probation under Section 10 of the Cannabis Control Act or
5 Section 410 of the Illinois Controlled Substances Act, the
6 court may, upon motion of the State's Attorney to suspend the
7 sentence imposed, commit the defendant to the custody of the
8 Attorney General of the United States or his or her
9 designated agent when:
10 (1) a final order of deportation has been issued
11 against the defendant pursuant to proceedings under the
12 Immigration and Nationality Act, and
13 (2) the deportation of the defendant would not
14 deprecate the seriousness of the defendant's conduct and
15 would not be inconsistent with the ends of justice.
16 (C) This subsection (l) does not apply to offenders who
17 are subject to the provisions of paragraph (2) of subsection
18 (a) of Section 3-6-3.
19 (D) Upon motion of the State's Attorney, if a defendant
20 sentenced under this Section returns to the jurisdiction of
21 the United States, the defendant shall be recommitted to the
22 custody of the county from which he or she was sentenced.
23 Thereafter, the defendant shall be brought before the
24 sentencing court, which may impose any sentence that was
25 available under Section 5-5-3 at the time of initial
26 sentencing. In addition, the defendant shall not be eligible
27 for additional good conduct credit for meritorious service as
28 provided under Section 3-6-6.
29 (Source: P.A. 89-8, eff. 3-21-95; 89-314, eff. 1-1-96;
30 89-428, eff. 12-13-95; 89-462, eff. 5-29-96; 89-477, eff.
31 6-18-96; 89-507, eff. 7-1-97; 89-545, eff. 7-25-96; 89-587,
32 eff. 7-31-96; 89-627, eff. 1-1-97; 89-688, eff. 6-1-97;
33 90-14, eff. 7-1-97; 90-68, eff. 7-8-97.)