[ Search ] [ Legislation ] [ Bill Summary ]
[ Home ] [ Back ] [ Bottom ]
| [ Introduced ] | [ Engrossed ] | [ House Amendment 001 ] |
| [ House Amendment 002 ] | [ House Amendment 003 ] | [ House Amendment 004 ] |
| [ Senate Amendment 001 ] |
90_SB1506enr
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
SB1506 Enrolled LRB9008746RCmb
1 AN ACT relating 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 12-11 and adding Section 20-1.2 as follows:
6 (720 ILCS 5/12-11) (from Ch. 38, par. 12-11)
7 Sec. 12-11. Home Invasion.
8 (a) A person who is not a peace officer acting in the
9 line of duty commits home invasion when without authority he
10 or she knowingly enters the dwelling place of another when he
11 or she knows or has reason to know that one or more persons
12 is present or he or she knowingly enters the dwelling place
13 of another and remains in such dwelling place until he or she
14 knows or has reason to know that one or more persons is
15 present and
16 (1) While armed with a dangerous weapon uses force or
17 threatens the imminent use of force upon any person or
18 persons within such dwelling place whether or not injury
19 occurs, or
20 (2) Intentionally causes any injury to any person or
21 persons within such dwelling place.
22 (b) It is an affirmative defense to a charge of home
23 invasion that the accused who knowingly enters the dwelling
24 place of another and remains in such dwelling place until he
25 or she knows or has reason to know that one or more persons
26 is present either immediately leaves such premises or
27 surrenders to the person or persons lawfully present therein
28 without either attempting to cause or causing serious bodily
29 injury to any person present therein.
30 (c) Sentence. Home invasion is a Class X felony.
31 (d) For purposes of this Section, "dwelling place of
SB1506 Enrolled -2- LRB9008746RCmb
1 another" includes a dwelling place where the defendant
2 maintains a tenancy interest but from which the defendant has
3 been barred by a divorce decree, judgment of dissolution of
4 marriage, order of protection, or other court order.
5 (Source: P.A. 85-1387; 85-1433; 86-820.)
6 (720 ILCS 5/20-1.2 new)
7 Sec. 20-1.2. Residential arson.
8 (a) A person commits the offense of residential arson
9 when, in the course of committing an arson, he or she
10 knowingly damages, partially or totally, any building or
11 structure that is the dwelling place of another.
12 (b) Sentence. Residential arson is a Class 1 felony.
13 Section 6. The Code of Criminal Procedure of 1963 is
14 amended by changing Section 115-4.1 as follows:
15 (725 ILCS 5/115-4.1) (from Ch. 38, par. 115-4.1)
16 Sec. 115-4.1. Absence of defendant. (a) When a defendant
17 after arrest and an initial court appearance for a
18 non-capital felony or a misdemeanor, fails to appear for
19 trial, at the request of the State and after the State has
20 affirmatively proven through substantial evidence that the
21 defendant is willfully avoiding trial, the court may commence
22 trial in the absence of the defendant. Absence of a
23 defendant as specified in this Section shall not be a bar to
24 indictment of a defendant, return of information against a
25 defendant, or arraignment of a defendant for the charge for
26 which bail has been granted. If a defendant fails to appear
27 at arraignment, the court may enter a plea of "not guilty" on
28 his behalf. If a defendant absents himself before trial on a
29 capital felony, trial may proceed as specified in this
30 Section provided that the State certifies that it will not
31 seek a death sentence following conviction. Trial in the
SB1506 Enrolled -3- LRB9008746RCmb
1 defendant's absence shall be by jury unless the defendant had
2 previously waived trial by jury. The absent defendant must
3 be represented by retained or appointed counsel. The court,
4 at the conclusion of all of the proceedings, may order the
5 clerk of the circuit court to pay counsel such sum as the
6 court deems reasonable, from any bond monies which were
7 posted by the defendant with the clerk, after the clerk has
8 first deducted all court costs. If trial had previously
9 commenced in the presence of the defendant and the defendant
10 willfully absents himself for two successive court days, the
11 court shall proceed to trial. All procedural rights
12 guaranteed by the United States Constitution, Constitution of
13 the State of Illinois, statutes of the State of Illinois, and
14 rules of court shall apply to the proceedings the same as if
15 the defendant were present in court and had not either
16 forfeited his bail bond or escaped from custody. The court
17 may set the case for a trial which may be conducted under
18 this Section despite the failure of the defendant to appear
19 at the hearing at which the trial date is set. When such
20 trial date is set the clerk shall send to the defendant, by
21 certified mail at his last known address indicated on his
22 bond slip, notice of the new date which has been set for
23 trial. Such notification shall be required when the
24 defendant was not personally present in open court at the
25 time when the case was set for trial.
26 (b) The absence of a defendant from a trial conducted
27 pursuant to this Section does not operate as a bar to
28 concluding the trial, to a judgment of conviction resulting
29 therefrom, or to a final disposition of the trial in favor of
30 the defendant.
31 (c) Upon a verdict of not guilty, the court shall enter
32 judgment for the defendant. Upon a verdict of guilty, the
33 court shall set a date for the hearing of post-trial motions
34 and shall hear such motion in the absence of the defendant.
SB1506 Enrolled -4- LRB9008746RCmb
1 If post-trial motions are denied, the court shall proceed to
2 conduct a sentencing hearing and to impose a sentence upon
3 the defendant.
4 (d) A defendant who is absent for part of the
5 proceedings of trial, post-trial motions, or sentencing, does
6 not thereby forfeit his right to be present at all remaining
7 proceedings.
8 (e) When a defendant who in his absence has been either
9 convicted or sentenced or both convicted and sentenced
10 appears before the court, he must be granted a new trial or
11 new sentencing hearing if the defendant can establish that
12 his failure to appear in court was both without his fault and
13 due to circumstances beyond his control. A hearing with
14 notice to the State's Attorney on the defendant's request for
15 a new trial or a new sentencing hearing must be held before
16 any such request may be granted. At any such hearing both
17 the defendant and the State may present evidence.
18 (f) If the court grants only the defendant's request for
19 a new sentencing hearing, then a new sentencing hearing
20 shall be held in accordance with the provisions of the
21 Unified Code of Corrections. At any such hearing, both the
22 defendant and the State may offer evidence of the defendant's
23 conduct during his period of absence from the court. The
24 court may impose any sentence authorized by the Unified Code
25 of Corrections and is not in any way limited or restricted by
26 any sentence previously imposed.
27 (g) A defendant whose motion under paragraph (e) for a
28 new trial or new sentencing hearing has been denied may file
29 a notice of appeal therefrom. Such notice may also include a
30 request for review of the judgment and sentence not vacated
31 by the trial court.
32 (Source: P.A. 84-945.)
33 Section 10. The Unified Code of Corrections is amended
SB1506 Enrolled -5- LRB9008746RCmb
1 by changing Section 5-5-3 as follows:
2 (730 ILCS 5/5-5-3) (from Ch. 38, par. 1005-5-3)
3 Sec. 5-5-3. Disposition.
4 (a) Every person convicted of an offense shall be
5 sentenced as provided in this Section.
6 (b) The following options shall be appropriate
7 dispositions, alone or in combination, for all felonies and
8 misdemeanors other than those identified in subsection (c) of
9 this Section:
10 (1) A period of probation.
11 (2) A term of periodic imprisonment.
12 (3) A term of conditional discharge.
13 (4) A term of imprisonment.
14 (5) An order directing the offender to clean up and
15 repair the damage, if the offender was convicted under
16 paragraph (h) of Section 21-1 of the Criminal Code of
17 1961.
18 (6) A fine.
19 (7) An order directing the offender to make
20 restitution to the victim under Section 5-5-6 of this
21 Code.
22 (8) A sentence of participation in a county impact
23 incarceration program under Section 5-8-1.2 of this Code.
24 Whenever an individual is sentenced for an offense based
25 upon an arrest for a violation of Section 11-501 of the
26 Illinois Vehicle Code, or a similar provision of a local
27 ordinance, and the professional evaluation recommends
28 remedial or rehabilitative treatment or education, neither
29 the treatment nor the education shall be the sole disposition
30 and either or both may be imposed only in conjunction with
31 another disposition. The court shall monitor compliance with
32 any remedial education or treatment recommendations contained
33 in the professional evaluation. Programs conducting alcohol
SB1506 Enrolled -6- LRB9008746RCmb
1 or other drug evaluation or remedial education must be
2 licensed by the Department of Human Services. However, if
3 the individual is not a resident of Illinois, the court may
4 accept an alcohol or other drug evaluation or remedial
5 education program in the state of such individual's
6 residence. Programs providing treatment must be licensed
7 under existing applicable alcoholism and drug treatment
8 licensure standards.
9 In addition to any other fine or penalty required by law,
10 any individual convicted of a violation of Section 11-501 of
11 the Illinois Vehicle Code or a similar provision of local
12 ordinance, whose operation of a motor vehicle while in
13 violation of Section 11-501 or such ordinance proximately
14 caused an incident resulting in an appropriate emergency
15 response, shall be required to make restitution to a public
16 agency for the costs of that emergency response. Such
17 restitution shall not exceed $500 per public agency for each
18 such emergency response. For the purpose of this paragraph,
19 emergency response shall mean any incident requiring a
20 response by: a police officer as defined under Section 1-162
21 of the Illinois Vehicle Code; a fireman carried on the rolls
22 of a regularly constituted fire department; and an ambulance
23 as defined under Section 4.05 of the Emergency Medical
24 Services (EMS) Systems Act.
25 Neither a fine nor restitution shall be the sole
26 disposition for a felony and either or both may be imposed
27 only in conjunction with another disposition.
28 (c) (1) When a defendant is found guilty of first degree
29 murder the State may either seek a sentence of
30 imprisonment under Section 5-8-1 of this Code, or where
31 appropriate seek a sentence of death under Section 9-1 of
32 the Criminal Code of 1961.
33 (2) A period of probation, a term of periodic
34 imprisonment or conditional discharge shall not be
SB1506 Enrolled -7- LRB9008746RCmb
1 imposed for the following offenses. The court shall
2 sentence the offender to not less than the minimum term
3 of imprisonment set forth in this Code for the following
4 offenses, and may order a fine or restitution or both in
5 conjunction with such term of imprisonment:
6 (A) First degree murder where the death
7 penalty is not imposed.
8 (B) Attempted first degree murder.
9 (C) A Class X felony.
10 (D) A violation of Section 401.1 or 407 of the
11 Illinois Controlled Substances Act, or a violation
12 of subdivision (c)(2) of Section 401 of that Act
13 which relates to more than 5 grams of a substance
14 containing cocaine or an analog thereof.
15 (E) A violation of Section 5.1 or 9 of the
16 Cannabis Control Act.
17 (F) A Class 2 or greater felony if the
18 offender had been convicted of a Class 2 or greater
19 felony within 10 years of the date on which he
20 committed the offense for which he is being
21 sentenced.
22 (G) Residential burglary.
23 (H) Criminal sexual assault, except as
24 otherwise provided in subsection (e) of this
25 Section.
26 (I) Aggravated battery of a senior citizen.
27 (J) A forcible felony if the offense was
28 related to the activities of an organized gang.
29 Before July 1, 1994, for the purposes of this
30 paragraph, "organized gang" means an association of
31 5 or more persons, with an established hierarchy,
32 that encourages members of the association to
33 perpetrate crimes or provides support to the members
34 of the association who do commit crimes.
SB1506 Enrolled -8- LRB9008746RCmb
1 Beginning July 1, 1994, for the purposes of
2 this paragraph, "organized gang" has the meaning
3 ascribed to it in Section 10 of the Illinois
4 Streetgang Terrorism Omnibus Prevention Act.
5 (K) Vehicular hijacking.
6 (L) A second or subsequent conviction for the
7 offense of hate crime when the underlying offense
8 upon which the hate crime is based is felony
9 aggravated assault or felony mob action.
10 (M) A second or subsequent conviction for the
11 offense of institutional vandalism if the damage to
12 the property exceeds $300.
13 (N) A Class 3 felony violation of paragraph
14 (1) of subsection (a) of Section 2 of the Firearm
15 Owners Identification Card Act.
16 (O) A violation of Section 12-6.1 of the
17 Criminal Code of 1961.
18 (P) A violation of paragraph (1), (2), (3),
19 (4), (5), or (7) of subsection (a) of Section
20 11-20.1 of the Criminal Code of 1961.
21 (Q) A violation of Section 20-1.2 of the
22 Criminal Code of 1961.
23 (3) A minimum term of imprisonment of not less than
24 48 consecutive hours or 100 hours of community service as
25 may be determined by the court shall be imposed for a
26 second or subsequent violation committed within 5 years
27 of a previous violation of Section 11-501 of the Illinois
28 Vehicle Code or a similar provision of a local ordinance.
29 (4) A minimum term of imprisonment of not less than
30 7 consecutive days or 30 days of community service shall
31 be imposed for a violation of paragraph (c) of Section
32 6-303 of the Illinois Vehicle Code.
33 (4.1) A minimum term of 30 consecutive days of
34 imprisonment, 40 days of 24 hour periodic imprisonment or
SB1506 Enrolled -9- LRB9008746RCmb
1 720 hours of community service, as may be determined by
2 the court, shall be imposed for a violation of Section
3 11-501 of the Illinois Vehicle Code during a period in
4 which the defendant's driving privileges are revoked or
5 suspended, where the revocation or suspension was for a
6 violation of Section 11-501 or Section 11-501.1 of that
7 Code.
8 (5) The court may sentence an offender convicted of
9 a business offense or a petty offense or a corporation or
10 unincorporated association convicted of any offense to:
11 (A) a period of conditional discharge;
12 (B) a fine;
13 (C) make restitution to the victim under
14 Section 5-5-6 of this Code.
15 (6) In no case shall an offender be eligible for a
16 disposition of probation or conditional discharge for a
17 Class 1 felony committed while he was serving a term of
18 probation or conditional discharge for a felony.
19 (7) When a defendant is adjudged a habitual
20 criminal under Article 33B of the Criminal Code of 1961,
21 the court shall sentence the defendant to a term of
22 natural life imprisonment.
23 (8) When a defendant, over the age of 21 years, is
24 convicted of a Class 1 or Class 2 felony, after having
25 twice been convicted of any Class 2 or greater Class
26 felonies in Illinois, and such charges are separately
27 brought and tried and arise out of different series of
28 acts, such defendant shall be sentenced as a Class X
29 offender. This paragraph shall not apply unless (1) the
30 first felony was committed after the effective date of
31 this amendatory Act of 1977; and (2) the second felony
32 was committed after conviction on the first; and (3) the
33 third felony was committed after conviction on the
34 second.
SB1506 Enrolled -10- LRB9008746RCmb
1 (9) A defendant convicted of a second or subsequent
2 offense of ritualized abuse of a child may be sentenced
3 to a term of natural life imprisonment.
4 (10) Beginning July 1, 1994, unless sentencing
5 under Section 33B-1 is applicable, a term of imprisonment
6 of not less than 15 years nor more than 50 years shall be
7 imposed on a defendant who violates Section 33A-2 of the
8 Criminal Code of 1961 with a firearm, when that person
9 has been convicted in any state or federal court of 3 or
10 more of the following offenses: treason, first degree
11 murder, second degree murder, aggravated criminal sexual
12 assault, criminal sexual assault, robbery, burglary,
13 arson, kidnaping, aggravated battery resulting in great
14 bodily harm or permanent disability or disfigurement, or
15 a violation of Section 401(a) of the Illinois Controlled
16 Substances Act, when the third offense was committed
17 after conviction on the second, the second offense was
18 committed after conviction on the first, and the
19 violation of Section 33A-2 of the Criminal Code of 1961
20 was committed after conviction on the third.
21 (11) Beginning July 1, 1994, a term of imprisonment
22 of not less than 10 years and not more than 30 years
23 shall be imposed on a defendant who violates Section
24 33A-2 with a Category I weapon where the offense was
25 committed in any school, or any conveyance owned, leased,
26 or contracted by a school to transport students to or
27 from school or a school related activity, on the real
28 property comprising any school or public park, and where
29 the offense was related to the activities of an organized
30 gang. For the purposes of this paragraph (11),
31 "organized gang" has the meaning ascribed to it in
32 Section 10 of the Illinois Streetgang Terrorism Omnibus
33 Prevention Act.
34 (d) In any case in which a sentence originally imposed
SB1506 Enrolled -11- LRB9008746RCmb
1 is vacated, the case shall be remanded to the trial court.
2 The trial court shall hold a hearing under Section 5-4-1 of
3 the Unified Code of Corrections which may include evidence of
4 the defendant's life, moral character and occupation during
5 the time since the original sentence was passed. The trial
6 court shall then impose sentence upon the defendant. The
7 trial court may impose any sentence which could have been
8 imposed at the original trial subject to Section 5-5-4 of the
9 Unified Code of Corrections.
10 (e) In cases where prosecution for criminal sexual
11 assault or aggravated criminal sexual abuse under Section
12 12-13 or 12-16 of the Criminal Code of 1961 results in
13 conviction of a defendant who was a family member of the
14 victim at the time of the commission of the offense, the
15 court shall consider the safety and welfare of the victim and
16 may impose a sentence of probation only where:
17 (1) the court finds (A) or (B) or both are
18 appropriate:
19 (A) the defendant is willing to undergo a
20 court approved counseling program for a minimum
21 duration of 2 years; or
22 (B) the defendant is willing to participate in
23 a court approved plan including but not limited to
24 the defendant's:
25 (i) removal from the household;
26 (ii) restricted contact with the victim;
27 (iii) continued financial support of the
28 family;
29 (iv) restitution for harm done to the
30 victim; and
31 (v) compliance with any other measures
32 that the court may deem appropriate; and
33 (2) the court orders the defendant to pay for the
34 victim's counseling services, to the extent that the
SB1506 Enrolled -12- LRB9008746RCmb
1 court finds, after considering the defendant's income and
2 assets, that the defendant is financially capable of
3 paying for such services, if the victim was under 18
4 years of age at the time the offense was committed and
5 requires counseling as a result of the offense.
6 Probation may be revoked or modified pursuant to Section
7 5-6-4; except where the court determines at the hearing that
8 the defendant violated a condition of his or her probation
9 restricting contact with the victim or other family members
10 or commits another offense with the victim or other family
11 members, the court shall revoke the defendant's probation and
12 impose a term of imprisonment.
13 For the purposes of this Section, "family member" and
14 "victim" shall have the meanings ascribed to them in Section
15 12-12 of the Criminal Code of 1961.
16 (f) This Article shall not deprive a court in other
17 proceedings to order a forfeiture of property, to suspend or
18 cancel a license, to remove a person from office, or to
19 impose any other civil penalty.
20 (g) Whenever a defendant is convicted of an offense
21 under Sections 11-14, 11-15, 11-15.1, 11-16, 11-17, 11-18,
22 11-18.1, 11-19, 11-19.1, 11-19.2, 12-13, 12-14, 12-14.1,
23 12-15 or 12-16 of the Criminal Code of 1961, the defendant
24 shall undergo medical testing to determine whether the
25 defendant has any sexually transmissible disease, including a
26 test for infection with human immunodeficiency virus (HIV) or
27 any other identified causative agent of acquired
28 immunodeficiency syndrome (AIDS). Any such medical test
29 shall be performed only by appropriately licensed medical
30 practitioners and may include an analysis of any bodily
31 fluids as well as an examination of the defendant's person.
32 Except as otherwise provided by law, the results of such test
33 shall be kept strictly confidential by all medical personnel
34 involved in the testing and must be personally delivered in a
SB1506 Enrolled -13- LRB9008746RCmb
1 sealed envelope to the judge of the court in which the
2 conviction was entered for the judge's inspection in camera.
3 Acting in accordance with the best interests of the victim
4 and the public, the judge shall have the discretion to
5 determine to whom, if anyone, the results of the testing may
6 be revealed. The court shall notify the defendant of the test
7 results. The court shall also notify the victim if requested
8 by the victim, and if the victim is under the age of 15 and
9 if requested by the victim's parents or legal guardian, the
10 court shall notify the victim's parents or legal guardian of
11 the test results. The court shall provide information on the
12 availability of HIV testing and counseling at Department of
13 Public Health facilities to all parties to whom the results
14 of the testing are revealed and shall direct the State's
15 Attorney to provide the information to the victim when
16 possible. A State's Attorney may petition the court to obtain
17 the results of any HIV test administered under this Section,
18 and the court shall grant the disclosure if the State's
19 Attorney shows it is relevant in order to prosecute a charge
20 of criminal transmission of HIV under Section 12-16.2 of the
21 Criminal Code of 1961 against the defendant. The court shall
22 order that the cost of any such test shall be paid by the
23 county and may be taxed as costs against the convicted
24 defendant.
25 (g-5) When an inmate is tested for an airborne
26 communicable disease, as determined by the Illinois
27 Department of Public Health including but not limited to
28 tuberculosis, the results of the test shall be personally
29 delivered by the warden or his or her designee in a sealed
30 envelope to the judge of the court in which the inmate must
31 appear for the judge's inspection in camera if requested by
32 the judge. Acting in accordance with the best interests of
33 those in the courtroom, the judge shall have the discretion
34 to determine what if any precautions need to be taken to
SB1506 Enrolled -14- LRB9008746RCmb
1 prevent transmission of the disease in the courtroom.
2 (h) Whenever a defendant is convicted of an offense
3 under Section 1 or 2 of the Hypodermic Syringes and Needles
4 Act, the defendant shall undergo medical testing to determine
5 whether the defendant has been exposed to human
6 immunodeficiency virus (HIV) or any other identified
7 causative agent of acquired immunodeficiency syndrome (AIDS).
8 Except as otherwise provided by law, the results of such test
9 shall be kept strictly confidential by all medical personnel
10 involved in the testing and must be personally delivered in a
11 sealed envelope to the judge of the court in which the
12 conviction was entered for the judge's inspection in camera.
13 Acting in accordance with the best interests of the public,
14 the judge shall have the discretion to determine to whom, if
15 anyone, the results of the testing may be revealed. The court
16 shall notify the defendant of a positive test showing an
17 infection with the human immunodeficiency virus (HIV). The
18 court shall provide information on the availability of HIV
19 testing and counseling at Department of Public Health
20 facilities to all parties to whom the results of the testing
21 are revealed and shall direct the State's Attorney to provide
22 the information to the victim when possible. A State's
23 Attorney may petition the court to obtain the results of any
24 HIV test administered under this Section, and the court
25 shall grant the disclosure if the State's Attorney shows it
26 is relevant in order to prosecute a charge of criminal
27 transmission of HIV under Section 12-16.2 of the Criminal
28 Code of 1961 against the defendant. The court shall order
29 that the cost of any such test shall be paid by the county
30 and may be taxed as costs against the convicted defendant.
31 (i) All fines and penalties imposed under this Section
32 for any violation of Chapters 3, 4, 6, and 11 of the Illinois
33 Vehicle Code, or a similar provision of a local ordinance,
34 and any violation of the Child Passenger Protection Act, or a
SB1506 Enrolled -15- LRB9008746RCmb
1 similar provision of a local ordinance, shall be collected
2 and disbursed by the circuit clerk as provided under Section
3 27.5 of the Clerks of Courts Act.
4 (j) In cases when prosecution for any violation of
5 Section 11-6, 11-8, 11-9, 11-11, 11-14, 11-15, 11-15.1,
6 11-16, 11-17, 11-17.1, 11-18, 11-18.1, 11-19, 11-19.1,
7 11-19.2, 11-20.1, 11-21, 12-13, 12-14, 12-14.1, 12-15, or
8 12-16 of the Criminal Code of 1961, any violation of the
9 Illinois Controlled Substances Act, or any violation of the
10 Cannabis Control Act results in conviction, a disposition of
11 court supervision, or an order of probation granted under
12 Section 10 of the Cannabis Control Act or Section 410 of the
13 Illinois Controlled Substance Act of a defendant, the court
14 shall determine whether the defendant is employed by a
15 facility or center as defined under the Child Care Act of
16 1969, a public or private elementary or secondary school, or
17 otherwise works with children under 18 years of age on a
18 daily basis. When a defendant is so employed, the court
19 shall order the Clerk of the Court to send a copy of the
20 judgment of conviction or order of supervision or probation
21 to the defendant's employer by certified mail. If the
22 employer of the defendant is a school, the Clerk of the Court
23 shall direct the mailing of a copy of the judgment of
24 conviction or order of supervision or probation to the
25 appropriate regional superintendent of schools. The regional
26 superintendent of schools shall notify the State Board of
27 Education of any notification under this subsection.
28 (j-5) A defendant at least 17 years of age who is
29 convicted of a felony and who has not been previously
30 convicted of a misdemeanor or felony and who is sentenced to
31 a term of imprisonment in the Illinois Department of
32 Corrections shall as a condition of his or her sentence be
33 required by the court to attend educational courses designed
34 to prepare the defendant for a high school diploma and to
SB1506 Enrolled -16- LRB9008746RCmb
1 work toward a high school diploma or to work toward passing
2 the high school level Test of General Educational Development
3 (GED) or to work toward completing a vocational training
4 program offered by the Department of Corrections. If a
5 defendant fails to complete the educational training required
6 by his or her sentence during the term of incarceration, the
7 Prisoner Review Board shall, as a condition of mandatory
8 supervised release, require the defendant, at his or her own
9 expense, to pursue a course of study toward a high school
10 diploma or passage of the GED test. The Prisoner Review
11 Board shall revoke the mandatory supervised release of a
12 defendant who wilfully fails to comply with this subsection
13 (j-5) upon his or her release from confinement in a penal
14 institution while serving a mandatory supervised release
15 term; however, the inability of the defendant after making a
16 good faith effort to obtain financial aid or pay for the
17 educational training shall not be deemed a wilful failure to
18 comply. The Prisoner Review Board shall recommit the
19 defendant whose mandatory supervised release term has been
20 revoked under this subsection (j-5) as provided in Section
21 3-3-9. This subsection (j-5) does not apply to a defendant
22 who has a high school diploma or has successfully passed the
23 GED test. This subsection (j-5) does not apply to a defendant
24 who is determined by the court to be developmentally disabled
25 or otherwise mentally incapable of completing the educational
26 or vocational program.
27 (k) A court may not impose a sentence or disposition for
28 a felony or misdemeanor that requires the defendant to be
29 implanted or injected with or to use any form of birth
30 control.
31 (l)(A) Except as provided in paragraph (C) of subsection
32 (l), whenever a defendant, who is an alien as defined by the
33 Immigration and Nationality Act, is convicted of any felony
34 or misdemeanor offense, the court after sentencing the
SB1506 Enrolled -17- LRB9008746RCmb
1 defendant may, upon motion of the State's Attorney, hold
2 sentence in abeyance and remand the defendant to the custody
3 of the Attorney General of the United States or his or her
4 designated agent to be deported 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 Otherwise, the defendant shall be sentenced as provided
12 in this Chapter V.
13 (B) If the defendant has already been sentenced for a
14 felony or misdemeanor offense, or has been placed on
15 probation under Section 10 of the Cannabis Control Act or
16 Section 410 of the Illinois Controlled Substances Act, the
17 court may, upon motion of the State's Attorney to suspend the
18 sentence imposed, commit the defendant to the custody of the
19 Attorney General of the United States or his or her
20 designated agent when:
21 (1) a final order of deportation has been issued
22 against the defendant pursuant to proceedings under the
23 Immigration and Nationality Act, and
24 (2) the deportation of the defendant would not
25 deprecate the seriousness of the defendant's conduct and
26 would not be inconsistent with the ends of justice.
27 (C) This subsection (l) does not apply to offenders who
28 are subject to the provisions of paragraph (2) of subsection
29 (a) of Section 3-6-3.
30 (D) Upon motion of the State's Attorney, if a defendant
31 sentenced under this Section returns to the jurisdiction of
32 the United States, the defendant shall be recommitted to the
33 custody of the county from which he or she was sentenced.
34 Thereafter, the defendant shall be brought before the
SB1506 Enrolled -18- LRB9008746RCmb
1 sentencing court, which may impose any sentence that was
2 available under Section 5-5-3 at the time of initial
3 sentencing. In addition, the defendant shall not be eligible
4 for additional good conduct credit for meritorious service as
5 provided under Section 3-6-6.
6 (Source: P.A. 89-8, eff. 3-21-95; 89-314, eff. 1-1-96;
7 89-428, eff. 12-13-95; 89-462, eff. 5-29-96; 89-477, eff.
8 6-18-96; 89-507, eff. 7-1-97; 89-545, eff. 7-25-96; 89-587,
9 eff. 7-31-96; 89-627, eff. 1-1-97; 89-688, eff. 6-1-97;
10 90-14, eff. 7-1-97; 90-68, eff. 7-8-97.)
11 Section 99. Effective date. This Act takes effect upon
12 becoming law.