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90_SB1506
720 ILCS 5/20-1.2 new
730 ILCS 5/5-5-3
Amends the Criminal Code of 1961. Creates the offense of
residential arson. Defines the offense as knowingly
damaging, partially or totally, any building or structure
that is the dwelling place of another. Penalty is a Class 1
felony. Amends the Unified Code of Corrections. Provides
that a person convicted of residential arson is ineligible
for probation, periodic imprisonment, or conditional
discharge. Effective immediately.
LRB9008746RCmb
LRB9008746RCmb
1 AN ACT to create the offense of residential arson,
2 amending named Acts.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Criminal Code of 1961 is amended by
6 adding Section 20-1.2 as follows:
7 (720 ILCS 5/20-1.2 new)
8 Sec. 20-1.2. Residential arson.
9 (a) A person commits the offense of residential arson
10 when, in the course of committing an arson, he or she
11 knowingly damages, partially or totally, any building or
12 structure that is the dwelling place of another.
13 (b) Sentence. Residential arson is a Class 1 felony.
14 Section 10. The Unified Code of Corrections is amended
15 by changing Section 5-5-3 as follows:
16 (730 ILCS 5/5-5-3) (from Ch. 38, par. 1005-5-3)
17 Sec. 5-5-3. Disposition.
18 (a) Every person convicted of an offense shall be
19 sentenced as provided in this Section.
20 (b) The following options shall be appropriate
21 dispositions, alone or in combination, for all felonies and
22 misdemeanors other than those identified in subsection (c) of
23 this Section:
24 (1) A period of probation.
25 (2) A term of periodic imprisonment.
26 (3) A term of conditional discharge.
27 (4) A term of imprisonment.
28 (5) An order directing the offender to clean up and
29 repair the damage, if the offender was convicted under
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1 paragraph (h) of Section 21-1 of the Criminal Code of
2 1961.
3 (6) A fine.
4 (7) An order directing the offender to make
5 restitution to the victim under Section 5-5-6 of this
6 Code.
7 (8) A sentence of participation in a county impact
8 incarceration program under Section 5-8-1.2 of this Code.
9 Whenever an individual is sentenced for an offense based
10 upon an arrest for a violation of Section 11-501 of the
11 Illinois Vehicle Code, or a similar provision of a local
12 ordinance, and the professional evaluation recommends
13 remedial or rehabilitative treatment or education, neither
14 the treatment nor the education shall be the sole disposition
15 and either or both may be imposed only in conjunction with
16 another disposition. The court shall monitor compliance with
17 any remedial education or treatment recommendations contained
18 in the professional evaluation. Programs conducting alcohol
19 or other drug evaluation or remedial education must be
20 licensed by the Department of Human Services. However, if
21 the individual is not a resident of Illinois, the court may
22 accept an alcohol or other drug evaluation or remedial
23 education program in the state of such individual's
24 residence. Programs providing treatment must be licensed
25 under existing applicable alcoholism and drug treatment
26 licensure standards.
27 In addition to any other fine or penalty required by law,
28 any individual convicted of a violation of Section 11-501 of
29 the Illinois Vehicle Code or a similar provision of local
30 ordinance, whose operation of a motor vehicle while in
31 violation of Section 11-501 or such ordinance proximately
32 caused an incident resulting in an appropriate emergency
33 response, shall be required to make restitution to a public
34 agency for the costs of that emergency response. Such
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1 restitution shall not exceed $500 per public agency for each
2 such emergency response. For the purpose of this paragraph,
3 emergency response shall mean any incident requiring a
4 response by: a police officer as defined under Section 1-162
5 of the Illinois Vehicle Code; a fireman carried on the rolls
6 of a regularly constituted fire department; and an ambulance
7 as defined under Section 4.05 of the Emergency Medical
8 Services (EMS) Systems Act.
9 Neither a fine nor restitution shall be the sole
10 disposition for a felony and either or both may be imposed
11 only in conjunction with another disposition.
12 (c) (1) When a defendant is found guilty of first degree
13 murder the State may either seek a sentence of
14 imprisonment under Section 5-8-1 of this Code, or where
15 appropriate seek a sentence of death under Section 9-1 of
16 the Criminal Code of 1961.
17 (2) A period of probation, a term of periodic
18 imprisonment or conditional discharge shall not be
19 imposed for the following offenses. The court shall
20 sentence the offender to not less than the minimum term
21 of imprisonment set forth in this Code for the following
22 offenses, and may order a fine or restitution or both in
23 conjunction with such term of imprisonment:
24 (A) First degree murder where the death
25 penalty is not imposed.
26 (B) Attempted first degree murder.
27 (C) A Class X felony.
28 (D) A violation of Section 401.1 or 407 of the
29 Illinois Controlled Substances Act, or a violation
30 of subdivision (c)(2) of Section 401 of that Act
31 which relates to more than 5 grams of a substance
32 containing cocaine or an analog thereof.
33 (E) A violation of Section 5.1 or 9 of the
34 Cannabis Control Act.
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1 (F) A Class 2 or greater felony if the
2 offender had been convicted of a Class 2 or greater
3 felony within 10 years of the date on which he
4 committed the offense for which he is being
5 sentenced.
6 (G) Residential burglary.
7 (H) Criminal sexual assault, except as
8 otherwise provided in subsection (e) of this
9 Section.
10 (I) Aggravated battery of a senior citizen.
11 (J) A forcible felony if the offense was
12 related to the activities of an organized gang.
13 Before July 1, 1994, for the purposes of this
14 paragraph, "organized gang" means an association of
15 5 or more persons, with an established hierarchy,
16 that encourages members of the association to
17 perpetrate crimes or provides support to the members
18 of the association who do commit crimes.
19 Beginning July 1, 1994, for the purposes of
20 this paragraph, "organized gang" has the meaning
21 ascribed to it in Section 10 of the Illinois
22 Streetgang Terrorism Omnibus Prevention Act.
23 (K) Vehicular hijacking.
24 (L) A second or subsequent conviction for the
25 offense of hate crime when the underlying offense
26 upon which the hate crime is based is felony
27 aggravated assault or felony mob action.
28 (M) A second or subsequent conviction for the
29 offense of institutional vandalism if the damage to
30 the property exceeds $300.
31 (N) A Class 3 felony violation of paragraph
32 (1) of subsection (a) of Section 2 of the Firearm
33 Owners Identification Card Act.
34 (O) A violation of Section 12-6.1 of the
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1 Criminal Code of 1961.
2 (P) A violation of paragraph (1), (2), (3),
3 (4), (5), or (7) of subsection (a) of Section
4 11-20.1 of the Criminal Code of 1961.
5 (Q) A violation of Section 20-1.2 of the
6 Criminal Code of 1961.
7 (3) A minimum term of imprisonment of not less than
8 48 consecutive hours or 100 hours of community service as
9 may be determined by the court shall be imposed for a
10 second or subsequent violation committed within 5 years
11 of a previous violation of Section 11-501 of the Illinois
12 Vehicle Code or a similar provision of a local ordinance.
13 (4) A minimum term of imprisonment of not less than
14 7 consecutive days or 30 days of community service shall
15 be imposed for a violation of paragraph (c) of Section
16 6-303 of the Illinois Vehicle Code.
17 (4.1) A minimum term of 30 consecutive days of
18 imprisonment, 40 days of 24 hour periodic imprisonment or
19 720 hours of community service, as may be determined by
20 the court, shall be imposed for a violation of Section
21 11-501 of the Illinois Vehicle Code during a period in
22 which the defendant's driving privileges are revoked or
23 suspended, where the revocation or suspension was for a
24 violation of Section 11-501 or Section 11-501.1 of that
25 Code.
26 (5) The court may sentence an offender convicted of
27 a business offense or a petty offense or a corporation or
28 unincorporated association convicted of any offense to:
29 (A) a period of conditional discharge;
30 (B) a fine;
31 (C) make restitution to the victim under
32 Section 5-5-6 of this Code.
33 (6) In no case shall an offender be eligible for a
34 disposition of probation or conditional discharge for a
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1 Class 1 felony committed while he was serving a term of
2 probation or conditional discharge for a felony.
3 (7) When a defendant is adjudged a habitual
4 criminal under Article 33B of the Criminal Code of 1961,
5 the court shall sentence the defendant to a term of
6 natural life imprisonment.
7 (8) When a defendant, over the age of 21 years, is
8 convicted of a Class 1 or Class 2 felony, after having
9 twice been convicted of any Class 2 or greater Class
10 felonies in Illinois, and such charges are separately
11 brought and tried and arise out of different series of
12 acts, such defendant shall be sentenced as a Class X
13 offender. This paragraph shall not apply unless (1) the
14 first felony was committed after the effective date of
15 this amendatory Act of 1977; and (2) the second felony
16 was committed after conviction on the first; and (3) the
17 third felony was committed after conviction on the
18 second.
19 (9) A defendant convicted of a second or subsequent
20 offense of ritualized abuse of a child may be sentenced
21 to a term of natural life imprisonment.
22 (10) Beginning July 1, 1994, unless sentencing
23 under Section 33B-1 is applicable, a term of imprisonment
24 of not less than 15 years nor more than 50 years shall be
25 imposed on a defendant who violates Section 33A-2 of the
26 Criminal Code of 1961 with a firearm, when that person
27 has been convicted in any state or federal court of 3 or
28 more of the following offenses: treason, first degree
29 murder, second degree murder, aggravated criminal sexual
30 assault, criminal sexual assault, robbery, burglary,
31 arson, kidnaping, aggravated battery resulting in great
32 bodily harm or permanent disability or disfigurement, or
33 a violation of Section 401(a) of the Illinois Controlled
34 Substances Act, when the third offense was committed
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1 after conviction on the second, the second offense was
2 committed after conviction on the first, and the
3 violation of Section 33A-2 of the Criminal Code of 1961
4 was committed after conviction on the third.
5 (11) Beginning July 1, 1994, a term of imprisonment
6 of not less than 10 years and not more than 30 years
7 shall be imposed on a defendant who violates Section
8 33A-2 with a Category I weapon where the offense was
9 committed in any school, or any conveyance owned, leased,
10 or contracted by a school to transport students to or
11 from school or a school related activity, on the real
12 property comprising any school or public park, and where
13 the offense was related to the activities of an organized
14 gang. For the purposes of this paragraph (11),
15 "organized gang" has the meaning ascribed to it in
16 Section 10 of the Illinois Streetgang Terrorism Omnibus
17 Prevention Act.
18 (d) In any case in which a sentence originally imposed
19 is vacated, the case shall be remanded to the trial court.
20 The trial court shall hold a hearing under Section 5-4-1 of
21 the Unified Code of Corrections which may include evidence of
22 the defendant's life, moral character and occupation during
23 the time since the original sentence was passed. The trial
24 court shall then impose sentence upon the defendant. The
25 trial court may impose any sentence which could have been
26 imposed at the original trial subject to Section 5-5-4 of the
27 Unified Code of Corrections.
28 (e) In cases where prosecution for criminal sexual
29 assault or aggravated criminal sexual abuse under Section
30 12-13 or 12-16 of the Criminal Code of 1961 results in
31 conviction of a defendant who was a family member of the
32 victim at the time of the commission of the offense, the
33 court shall consider the safety and welfare of the victim and
34 may impose a sentence of probation only where:
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1 (1) the court finds (A) or (B) or both are
2 appropriate:
3 (A) the defendant is willing to undergo a
4 court approved counseling program for a minimum
5 duration of 2 years; or
6 (B) the defendant is willing to participate in
7 a court approved plan including but not limited to
8 the defendant's:
9 (i) removal from the household;
10 (ii) restricted contact with the victim;
11 (iii) continued financial support of the
12 family;
13 (iv) restitution for harm done to the
14 victim; and
15 (v) compliance with any other measures
16 that the court may deem appropriate; and
17 (2) the court orders the defendant to pay for the
18 victim's counseling services, to the extent that the
19 court finds, after considering the defendant's income and
20 assets, that the defendant is financially capable of
21 paying for such services, if the victim was under 18
22 years of age at the time the offense was committed and
23 requires counseling as a result of the offense.
24 Probation may be revoked or modified pursuant to Section
25 5-6-4; except where the court determines at the hearing that
26 the defendant violated a condition of his or her probation
27 restricting contact with the victim or other family members
28 or commits another offense with the victim or other family
29 members, the court shall revoke the defendant's probation and
30 impose a term of imprisonment.
31 For the purposes of this Section, "family member" and
32 "victim" shall have the meanings ascribed to them in Section
33 12-12 of the Criminal Code of 1961.
34 (f) This Article shall not deprive a court in other
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1 proceedings to order a forfeiture of property, to suspend or
2 cancel a license, to remove a person from office, or to
3 impose any other civil penalty.
4 (g) Whenever a defendant is convicted of an offense
5 under Sections 11-14, 11-15, 11-15.1, 11-16, 11-17, 11-18,
6 11-18.1, 11-19, 11-19.1, 11-19.2, 12-13, 12-14, 12-14.1,
7 12-15 or 12-16 of the Criminal Code of 1961, the defendant
8 shall undergo medical testing to determine whether the
9 defendant has any sexually transmissible disease, including a
10 test for infection with human immunodeficiency virus (HIV) or
11 any other identified causative agent of acquired
12 immunodeficiency syndrome (AIDS). Any such medical test
13 shall be performed only by appropriately licensed medical
14 practitioners and may include an analysis of any bodily
15 fluids as well as an examination of the defendant's person.
16 Except as otherwise provided by law, the results of such test
17 shall be kept strictly confidential by all medical personnel
18 involved in the testing and must be personally delivered in a
19 sealed envelope to the judge of the court in which the
20 conviction was entered for the judge's inspection in camera.
21 Acting in accordance with the best interests of the victim
22 and the public, the judge shall have the discretion to
23 determine to whom, if anyone, the results of the testing may
24 be revealed. The court shall notify the defendant of the test
25 results. The court shall also notify the victim if requested
26 by the victim, and if the victim is under the age of 15 and
27 if requested by the victim's parents or legal guardian, the
28 court shall notify the victim's parents or legal guardian of
29 the test results. The court shall provide information on the
30 availability of HIV testing and counseling at Department of
31 Public Health facilities to all parties to whom the results
32 of the testing are revealed and shall direct the State's
33 Attorney to provide the information to the victim when
34 possible. A State's Attorney may petition the court to obtain
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1 the results of any HIV test administered under this Section,
2 and the court shall grant the disclosure if the State's
3 Attorney shows it is relevant in order to prosecute a charge
4 of criminal transmission of HIV under Section 12-16.2 of the
5 Criminal Code of 1961 against the defendant. The court shall
6 order that the cost of any such test shall be paid by the
7 county and may be taxed as costs against the convicted
8 defendant.
9 (g-5) When an inmate is tested for an airborne
10 communicable disease, as determined by the Illinois
11 Department of Public Health including but not limited to
12 tuberculosis, the results of the test shall be personally
13 delivered by the warden or his or her designee in a sealed
14 envelope to the judge of the court in which the inmate must
15 appear for the judge's inspection in camera if requested by
16 the judge. Acting in accordance with the best interests of
17 those in the courtroom, the judge shall have the discretion
18 to determine what if any precautions need to be taken to
19 prevent transmission of the disease in the courtroom.
20 (h) Whenever a defendant is convicted of an offense
21 under Section 1 or 2 of the Hypodermic Syringes and Needles
22 Act, the defendant shall undergo medical testing to determine
23 whether the defendant has been exposed to human
24 immunodeficiency virus (HIV) or any other identified
25 causative agent of acquired immunodeficiency syndrome (AIDS).
26 Except as otherwise provided by law, the results of such test
27 shall be kept strictly confidential by all medical personnel
28 involved in the testing and must be personally delivered in a
29 sealed envelope to the judge of the court in which the
30 conviction was entered for the judge's inspection in camera.
31 Acting in accordance with the best interests of the public,
32 the judge shall have the discretion to determine to whom, if
33 anyone, the results of the testing may be revealed. The court
34 shall notify the defendant of a positive test showing an
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1 infection with the human immunodeficiency virus (HIV). The
2 court shall provide information on the availability of HIV
3 testing and counseling at Department of Public Health
4 facilities to all parties to whom the results of the testing
5 are revealed and shall direct the State's Attorney to provide
6 the information to the victim when possible. A State's
7 Attorney may petition the court to obtain the results of any
8 HIV test administered under this Section, and the court
9 shall grant the disclosure if the State's Attorney shows it
10 is relevant in order to prosecute a charge of criminal
11 transmission of HIV under Section 12-16.2 of the Criminal
12 Code of 1961 against the defendant. The court shall order
13 that the cost of any such test shall be paid by the county
14 and may be taxed as costs against the convicted defendant.
15 (i) All fines and penalties imposed under this Section
16 for any violation of Chapters 3, 4, 6, and 11 of the Illinois
17 Vehicle Code, or a similar provision of a local ordinance,
18 and any violation of the Child Passenger Protection Act, or a
19 similar provision of a local ordinance, shall be collected
20 and disbursed by the circuit clerk as provided under Section
21 27.5 of the Clerks of Courts Act.
22 (j) In cases when prosecution for any violation of
23 Section 11-6, 11-8, 11-9, 11-11, 11-14, 11-15, 11-15.1,
24 11-16, 11-17, 11-17.1, 11-18, 11-18.1, 11-19, 11-19.1,
25 11-19.2, 11-20.1, 11-21, 12-13, 12-14, 12-14.1, 12-15, or
26 12-16 of the Criminal Code of 1961, any violation of the
27 Illinois Controlled Substances Act, or any violation of the
28 Cannabis Control Act results in conviction, a disposition of
29 court supervision, or an order of probation granted under
30 Section 10 of the Cannabis Control Act or Section 410 of the
31 Illinois Controlled Substance Act of a defendant, the court
32 shall determine whether the defendant is employed by a
33 facility or center as defined under the Child Care Act of
34 1969, a public or private elementary or secondary school, or
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1 otherwise works with children under 18 years of age on a
2 daily basis. When a defendant is so employed, the court
3 shall order the Clerk of the Court to send a copy of the
4 judgment of conviction or order of supervision or probation
5 to the defendant's employer by certified mail. If the
6 employer of the defendant is a school, the Clerk of the Court
7 shall direct the mailing of a copy of the judgment of
8 conviction or order of supervision or probation to the
9 appropriate regional superintendent of schools. The regional
10 superintendent of schools shall notify the State Board of
11 Education of any notification under this subsection.
12 (j-5) A defendant at least 17 years of age who is
13 convicted of a felony and who has not been previously
14 convicted of a misdemeanor or felony and who is sentenced to
15 a term of imprisonment in the Illinois Department of
16 Corrections shall as a condition of his or her sentence be
17 required by the court to attend educational courses designed
18 to prepare the defendant for a high school diploma and to
19 work toward a high school diploma or to work toward passing
20 the high school level Test of General Educational Development
21 (GED) or to work toward completing a vocational training
22 program offered by the Department of Corrections. If a
23 defendant fails to complete the educational training required
24 by his or her sentence during the term of incarceration, the
25 Prisoner Review Board shall, as a condition of mandatory
26 supervised release, require the defendant, at his or her own
27 expense, to pursue a course of study toward a high school
28 diploma or passage of the GED test. The Prisoner Review
29 Board shall revoke the mandatory supervised release of a
30 defendant who wilfully fails to comply with this subsection
31 (j-5) upon his or her release from confinement in a penal
32 institution while serving a mandatory supervised release
33 term; however, the inability of the defendant after making a
34 good faith effort to obtain financial aid or pay for the
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1 educational training shall not be deemed a wilful failure to
2 comply. The Prisoner Review Board shall recommit the
3 defendant whose mandatory supervised release term has been
4 revoked under this subsection (j-5) as provided in Section
5 3-3-9. This subsection (j-5) does not apply to a defendant
6 who has a high school diploma or has successfully passed the
7 GED test. This subsection (j-5) does not apply to a defendant
8 who is determined by the court to be developmentally disabled
9 or otherwise mentally incapable of completing the educational
10 or vocational program.
11 (k) A court may not impose a sentence or disposition for
12 a felony or misdemeanor that requires the defendant to be
13 implanted or injected with or to use any form of birth
14 control.
15 (l)(A) Except as provided in paragraph (C) of subsection
16 (l), whenever a defendant, who is an alien as defined by the
17 Immigration and Nationality Act, is convicted of any felony
18 or misdemeanor offense, the court after sentencing the
19 defendant may, upon motion of the State's Attorney, hold
20 sentence in abeyance and remand the defendant to the custody
21 of the Attorney General of the United States or his or her
22 designated agent to be deported when:
23 (1) a final order of deportation has been issued
24 against the defendant pursuant to proceedings under the
25 Immigration and Nationality Act, and
26 (2) the deportation of the defendant would not
27 deprecate the seriousness of the defendant's conduct and
28 would not be inconsistent with the ends of justice.
29 Otherwise, the defendant shall be sentenced as provided
30 in this Chapter V.
31 (B) If the defendant has already been sentenced for a
32 felony or misdemeanor offense, or has been placed on
33 probation under Section 10 of the Cannabis Control Act or
34 Section 410 of the Illinois Controlled Substances Act, the
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1 court may, upon motion of the State's Attorney to suspend the
2 sentence imposed, commit the defendant to the custody of the
3 Attorney General of the United States or his or her
4 designated agent when:
5 (1) a final order of deportation has been issued
6 against the defendant pursuant to proceedings under the
7 Immigration and Nationality Act, and
8 (2) the deportation of the defendant would not
9 deprecate the seriousness of the defendant's conduct and
10 would not be inconsistent with the ends of justice.
11 (C) This subsection (l) does not apply to offenders who
12 are subject to the provisions of paragraph (2) of subsection
13 (a) of Section 3-6-3.
14 (D) Upon motion of the State's Attorney, if a defendant
15 sentenced under this Section returns to the jurisdiction of
16 the United States, the defendant shall be recommitted to the
17 custody of the county from which he or she was sentenced.
18 Thereafter, the defendant shall be brought before the
19 sentencing court, which may impose any sentence that was
20 available under Section 5-5-3 at the time of initial
21 sentencing. In addition, the defendant shall not be eligible
22 for additional good conduct credit for meritorious service as
23 provided under Section 3-6-6.
24 (Source: P.A. 89-8, eff. 3-21-95; 89-314, eff. 1-1-96;
25 89-428, eff. 12-13-95; 89-462, eff. 5-29-96; 89-477, eff.
26 6-18-96; 89-507, eff. 7-1-97; 89-545, eff. 7-25-96; 89-587,
27 eff. 7-31-96; 89-627, eff. 1-1-97; 89-688, eff. 6-1-97;
28 90-14, eff. 7-1-97; 90-68, eff. 7-8-97.)
29 Section 99. Effective date. This Act takes effect upon
30 becoming law.