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| [ Introduced ] | [ Engrossed ] | [ Senate Amendment 001 ] |
92_HB2300enr HB2300 Enrolled LRB9207864ARsb 1 AN ACT concerning criminal law. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Unified Code of Corrections is amended by 5 changing Section 5-5-3 as follows: 6 (730 ILCS 5/5-5-3) (from Ch. 38, par. 1005-5-3) 7 Sec. 5-5-3. Disposition. 8 (a) Every person convicted of an offense shall be 9 sentenced as provided in this Section. 10 (b) The following options shall be appropriate 11 dispositions, alone or in combination, for all felonies and 12 misdemeanors other than those identified in subsection (c) of 13 this Section: 14 (1) A period of probation. 15 (2) A term of periodic imprisonment. 16 (3) A term of conditional discharge. 17 (4) A term of imprisonment. 18 (5) An order directing the offender to clean up and 19 repair the damage, if the offender was convicted under 20 paragraph (h) of Section 21-1 of the Criminal Code of 21 1961. 22 (6) A fine. 23 (7) An order directing the offender to make 24 restitution to the victim under Section 5-5-6 of this 25 Code. 26 (8) A sentence of participation in a county impact 27 incarceration program under Section 5-8-1.2 of this Code. 28 Whenever an individual is sentenced for an offense based 29 upon an arrest for a violation of Section 11-501 of the 30 Illinois Vehicle Code, or a similar provision of a local 31 ordinance, and the professional evaluation recommends HB2300 Enrolled -2- LRB9207864ARsb 1 remedial or rehabilitative treatment or education, neither 2 the treatment nor the education shall be the sole disposition 3 and either or both may be imposed only in conjunction with 4 another disposition. The court shall monitor compliance with 5 any remedial education or treatment recommendations contained 6 in the professional evaluation. Programs conducting alcohol 7 or other drug evaluation or remedial education must be 8 licensed by the Department of Human Services. However, if 9 the individual is not a resident of Illinois, the court may 10 accept an alcohol or other drug evaluation or remedial 11 education program in the state of such individual's 12 residence. Programs providing treatment must be licensed 13 under existing applicable alcoholism and drug treatment 14 licensure standards. 15 In addition to any other fine or penalty required by law, 16 any individual convicted of a violation of Section 11-501 of 17 the Illinois Vehicle Code or a similar provision of local 18 ordinance, whose operation of a motor vehicle while in 19 violation of Section 11-501 or such ordinance proximately 20 caused an incident resulting in an appropriate emergency 21 response, shall be required to make restitution to a public 22 agency for the costs of that emergency response. Such 23 restitution shall not exceed $500 per public agency for each 24 such emergency response. For the purpose of this paragraph, 25 emergency response shall mean any incident requiring a 26 response by: a police officer as defined under Section 1-162 27 of the Illinois Vehicle Code; a fireman carried on the rolls 28 of a regularly constituted fire department; and an ambulance 29 as defined under Section 4.05 of the Emergency Medical 30 Services (EMS) Systems Act. 31 Neither a fine nor restitution shall be the sole 32 disposition for a felony and either or both may be imposed 33 only in conjunction with another disposition. 34 (c) (1) When a defendant is found guilty of first degree HB2300 Enrolled -3- LRB9207864ARsb 1 murder the State may either seek a sentence of 2 imprisonment under Section 5-8-1 of this Code, or where 3 appropriate seek a sentence of death under Section 9-1 of 4 the Criminal Code of 1961. 5 (2) A period of probation, a term of periodic 6 imprisonment or conditional discharge shall not be 7 imposed for the following offenses. The court shall 8 sentence the offender to not less than the minimum term 9 of imprisonment set forth in this Code for the following 10 offenses, and may order a fine or restitution or both in 11 conjunction with such term of imprisonment: 12 (A) First degree murder where the death 13 penalty is not imposed. 14 (B) Attempted first degree murder. 15 (C) A Class X felony. 16 (D) A violation of Section 401.1 or 407 of the 17 Illinois Controlled Substances Act, or a violation 18 of subdivision (c)(2) of Section 401 of that Act 19 which relates to more than 5 grams of a substance 20 containing cocaine or an analog thereof. 21 (E) A violation of Section 5.1 or 9 of the 22 Cannabis Control Act. 23 (F) A Class 2 or greater felony if the 24 offender had been convicted of a Class 2 or greater 25 felony within 10 years of the date on which the 26 offender committed the offense for which he or she 27 is being sentenced, except as otherwise provided in 28 Section 40-10 of the Alcoholism and Other Drug Abuse 29 and Dependency Act. 30 (G) Residential burglary, except as otherwise 31 provided in Section 40-10 of the Alcoholism and 32 Other Drug Abuse and Dependency Act. 33 (H) Criminal sexual assault, except as 34 otherwise provided in subsection (e) of this HB2300 Enrolled -4- LRB9207864ARsb 1 Section. 2 (I) Aggravated battery of a senior citizen. 3 (J) A forcible felony if the offense was 4 related to the activities of an organized gang. 5 Before July 1, 1994, for the purposes of this 6 paragraph, "organized gang" means an association of 7 5 or more persons, with an established hierarchy, 8 that encourages members of the association to 9 perpetrate crimes or provides support to the members 10 of the association who do commit crimes. 11 Beginning July 1, 1994, for the purposes of 12 this paragraph, "organized gang" has the meaning 13 ascribed to it in Section 10 of the Illinois 14 Streetgang Terrorism Omnibus Prevention Act. 15 (K) Vehicular hijacking. 16 (L) A second or subsequent conviction for the 17 offense of hate crime when the underlying offense 18 upon which the hate crime is based is felony 19 aggravated assault or felony mob action. 20 (M) A second or subsequent conviction for the 21 offense of institutional vandalism if the damage to 22 the property exceeds $300. 23 (N) A Class 3 felony violation of paragraph 24 (1) of subsection (a) of Section 2 of the Firearm 25 Owners Identification Card Act. 26 (O) A violation of Section 12-6.1 of the 27 Criminal Code of 1961. 28 (P) A violation of paragraph (1), (2), (3), 29 (4), (5), or (7) of subsection (a) of Section 30 11-20.1 of the Criminal Code of 1961. 31 (Q) A violation of Section 20-1.2 of the 32 Criminal Code of 1961. 33 (R) A violation of Section 24-3A of the 34 Criminal Code of 1961. HB2300 Enrolled -5- LRB9207864ARsb 1 (3) A minimum term of imprisonment of not less than 2 48 consecutive hours or 100 hours of community service as 3 may be determined by the court shall be imposed for a 4 second or subsequent violation committed within 5 years 5 of a previous violation of Section 11-501 of the Illinois 6 Vehicle Code or a similar provision of a local ordinance. 7 (4) A minimum term of imprisonment of not less than 8 7 consecutive days or 30 days of community service shall 9 be imposed for a violation of paragraph (c) of Section 10 6-303 of the Illinois Vehicle Code. 11 (4.1) A minimum term of 30 consecutive days of 12 imprisonment, 40 days of 24 hour periodic imprisonment or 13 720 hours of community service, as may be determined by 14 the court, shall be imposed for a violation of Section 15 11-501 of the Illinois Vehicle Code during a period in 16 which the defendant's driving privileges are revoked or 17 suspended, where the revocation or suspension was for a 18 violation of Section 11-501 or Section 11-501.1 of that 19 Code. 20 (5) The court may sentence an offender convicted of 21 a business offense or a petty offense or a corporation or 22 unincorporated association convicted of any offense to: 23 (A) a period of conditional discharge; 24 (B) a fine; 25 (C) make restitution to the victim under 26 Section 5-5-6 of this Code. 27 (6) In no case shall an offender be eligible for a 28 disposition of probation or conditional discharge for a 29 Class 1 felony committed while he was serving a term of 30 probation or conditional discharge for a felony. 31 (7) When a defendant is adjudged a habitual 32 criminal under Article 33B of the Criminal Code of 1961, 33 the court shall sentence the defendant to a term of 34 natural life imprisonment. HB2300 Enrolled -6- LRB9207864ARsb 1 (8) When a defendant, over the age of 21 years, is 2 convicted of a Class 1 or Class 2 felony, after having 3 twice been convicted in any state or federal court of an 4 offense that contains the same elements as an offense now 5 classified in Illinois as a Class 2 or greater Class 6 felonyof any Class 2 or greater Class felonies in7Illinoisand such charges are separately brought and 8 tried and arise out of different series of acts, such 9 defendant shall be sentenced as a Class X offender. This 10 paragraph shall not apply unless (1) the first felony was 11 committed after the effective date of this amendatory Act 12 of 1977; and (2) the second felony was committed after 13 conviction on the first; and (3) the third felony was 14 committed after conviction on the second. A person 15 sentenced as a Class X offender under this paragraph is 16 not eligible to apply for treatment as a condition of 17 probation as provided by Section 40-10 of the Alcoholism 18 and Other Drug Abuse and Dependency Act. 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 (d) In any case in which a sentence originally imposed 23 is vacated, the case shall be remanded to the trial court. 24 The trial court shall hold a hearing under Section 5-4-1 of 25 the Unified Code of Corrections which may include evidence of 26 the defendant's life, moral character and occupation during 27 the time since the original sentence was passed. The trial 28 court shall then impose sentence upon the defendant. The 29 trial court may impose any sentence which could have been 30 imposed at the original trial subject to Section 5-5-4 of the 31 Unified Code of Corrections. 32 (e) In cases where prosecution for criminal sexual 33 assault or aggravated criminal sexual abuse under Section 34 12-13 or 12-16 of the Criminal Code of 1961 results in HB2300 Enrolled -7- LRB9207864ARsb 1 conviction of a defendant who was a family member of the 2 victim at the time of the commission of the offense, the 3 court shall consider the safety and welfare of the victim and 4 may impose a sentence of probation only where: 5 (1) the court finds (A) or (B) or both are 6 appropriate: 7 (A) the defendant is willing to undergo a 8 court approved counseling program for a minimum 9 duration of 2 years; or 10 (B) the defendant is willing to participate in 11 a court approved plan including but not limited to 12 the defendant's: 13 (i) removal from the household; 14 (ii) restricted contact with the victim; 15 (iii) continued financial support of the 16 family; 17 (iv) restitution for harm done to the 18 victim; and 19 (v) compliance with any other measures 20 that the court may deem appropriate; and 21 (2) the court orders the defendant to pay for the 22 victim's counseling services, to the extent that the 23 court finds, after considering the defendant's income and 24 assets, that the defendant is financially capable of 25 paying for such services, if the victim was under 18 26 years of age at the time the offense was committed and 27 requires counseling as a result of the offense. 28 Probation may be revoked or modified pursuant to Section 29 5-6-4; except where the court determines at the hearing that 30 the defendant violated a condition of his or her probation 31 restricting contact with the victim or other family members 32 or commits another offense with the victim or other family 33 members, the court shall revoke the defendant's probation and 34 impose a term of imprisonment. HB2300 Enrolled -8- LRB9207864ARsb 1 For the purposes of this Section, "family member" and 2 "victim" shall have the meanings ascribed to them in Section 3 12-12 of the Criminal Code of 1961. 4 (f) This Article shall not deprive a court in other 5 proceedings to order a forfeiture of property, to suspend or 6 cancel a license, to remove a person from office, or to 7 impose any other civil penalty. 8 (g) Whenever a defendant is convicted of an offense 9 under Sections 11-14, 11-15, 11-15.1, 11-16, 11-17, 11-18, 10 11-18.1, 11-19, 11-19.1, 11-19.2, 12-13, 12-14, 12-14.1, 11 12-15 or 12-16 of the Criminal Code of 1961, the defendant 12 shall undergo medical testing to determine whether the 13 defendant has any sexually transmissible disease, including a 14 test for infection with human immunodeficiency virus (HIV) or 15 any other identified causative agent of acquired 16 immunodeficiency syndrome (AIDS). Any such medical test 17 shall be performed only by appropriately licensed medical 18 practitioners and may include an analysis of any bodily 19 fluids as well as an examination of the defendant's person. 20 Except as otherwise provided by law, the results of such test 21 shall be kept strictly confidential by all medical personnel 22 involved in the testing and must be personally delivered in a 23 sealed envelope to the judge of the court in which the 24 conviction was entered for the judge's inspection in camera. 25 Acting in accordance with the best interests of the victim 26 and the public, the judge shall have the discretion to 27 determine to whom, if anyone, the results of the testing may 28 be revealed. The court shall notify the defendant of the test 29 results. The court shall also notify the victim if requested 30 by the victim, and if the victim is under the age of 15 and 31 if requested by the victim's parents or legal guardian, the 32 court shall notify the victim's parents or legal guardian of 33 the test results. The court shall provide information on the 34 availability of HIV testing and counseling at Department of HB2300 Enrolled -9- LRB9207864ARsb 1 Public Health facilities to all parties to whom the results 2 of the testing are revealed and shall direct the State's 3 Attorney to provide the information to the victim when 4 possible. A State's Attorney may petition the court to obtain 5 the results of any HIV test administered under this Section, 6 and the court shall grant the disclosure if the State's 7 Attorney shows it is relevant in order to prosecute a charge 8 of criminal transmission of HIV under Section 12-16.2 of the 9 Criminal Code of 1961 against the defendant. The court shall 10 order that the cost of any such test shall be paid by the 11 county and may be taxed as costs against the convicted 12 defendant. 13 (g-5) When an inmate is tested for an airborne 14 communicable disease, as determined by the Illinois 15 Department of Public Health including but not limited to 16 tuberculosis, the results of the test shall be personally 17 delivered by the warden or his or her designee in a sealed 18 envelope to the judge of the court in which the inmate must 19 appear for the judge's inspection in camera if requested by 20 the judge. Acting in accordance with the best interests of 21 those in the courtroom, the judge shall have the discretion 22 to determine what if any precautions need to be taken to 23 prevent transmission of the disease in the courtroom. 24 (h) Whenever a defendant is convicted of an offense 25 under Section 1 or 2 of the Hypodermic Syringes and Needles 26 Act, the defendant shall undergo medical testing to determine 27 whether the defendant has been exposed to human 28 immunodeficiency virus (HIV) or any other identified 29 causative agent of acquired immunodeficiency syndrome (AIDS). 30 Except as otherwise provided by law, the results of such test 31 shall be kept strictly confidential by all medical personnel 32 involved in the testing and must be personally delivered in a 33 sealed envelope to the judge of the court in which the 34 conviction was entered for the judge's inspection in camera. HB2300 Enrolled -10- LRB9207864ARsb 1 Acting in accordance with the best interests of the public, 2 the judge shall have the discretion to determine to whom, if 3 anyone, the results of the testing may be revealed. The court 4 shall notify the defendant of a positive test showing an 5 infection with the human immunodeficiency virus (HIV). The 6 court shall provide information on the availability of HIV 7 testing and counseling at Department of Public Health 8 facilities to all parties to whom the results of the testing 9 are revealed and shall direct the State's Attorney to provide 10 the information to the victim when possible. A State's 11 Attorney may petition the court to obtain the results of any 12 HIV test administered under this Section, and the court 13 shall grant the disclosure if the State's Attorney shows it 14 is relevant in order to prosecute a charge of criminal 15 transmission of HIV under Section 12-16.2 of the Criminal 16 Code of 1961 against the defendant. The court shall order 17 that the cost of any such test shall be paid by the county 18 and may be taxed as costs against the convicted defendant. 19 (i) All fines and penalties imposed under this Section 20 for any violation of Chapters 3, 4, 6, and 11 of the Illinois 21 Vehicle Code, or a similar provision of a local ordinance, 22 and any violation of the Child Passenger Protection Act, or a 23 similar provision of a local ordinance, shall be collected 24 and disbursed by the circuit clerk as provided under Section 25 27.5 of the Clerks of Courts Act. 26 (j) In cases when prosecution for any violation of 27 Section 11-6, 11-8, 11-9, 11-11, 11-14, 11-15, 11-15.1, 28 11-16, 11-17, 11-17.1, 11-18, 11-18.1, 11-19, 11-19.1, 29 11-19.2, 11-20.1, 11-21, 12-13, 12-14, 12-14.1, 12-15, or 30 12-16 of the Criminal Code of 1961, any violation of the 31 Illinois Controlled Substances Act, or any violation of the 32 Cannabis Control Act results in conviction, a disposition of 33 court supervision, or an order of probation granted under 34 Section 10 of the Cannabis Control Act or Section 410 of the HB2300 Enrolled -11- LRB9207864ARsb 1 Illinois Controlled Substance Act of a defendant, the court 2 shall determine whether the defendant is employed by a 3 facility or center as defined under the Child Care Act of 4 1969, a public or private elementary or secondary school, or 5 otherwise works with children under 18 years of age on a 6 daily basis. When a defendant is so employed, the court 7 shall order the Clerk of the Court to send a copy of the 8 judgment of conviction or order of supervision or probation 9 to the defendant's employer by certified mail. If the 10 employer of the defendant is a school, the Clerk of the Court 11 shall direct the mailing of a copy of the judgment of 12 conviction or order of supervision or probation to the 13 appropriate regional superintendent of schools. The regional 14 superintendent of schools shall notify the State Board of 15 Education of any notification under this subsection. 16 (j-5) A defendant at least 17 years of age who is 17 convicted of a felony and who has not been previously 18 convicted of a misdemeanor or felony and who is sentenced to 19 a term of imprisonment in the Illinois Department of 20 Corrections shall as a condition of his or her sentence be 21 required by the court to attend educational courses designed 22 to prepare the defendant for a high school diploma and to 23 work toward a high school diploma or to work toward passing 24 the high school level Test of General Educational Development 25 (GED) or to work toward completing a vocational training 26 program offered by the Department of Corrections. If a 27 defendant fails to complete the educational training required 28 by his or her sentence during the term of incarceration, the 29 Prisoner Review Board shall, as a condition of mandatory 30 supervised release, require the defendant, at his or her own 31 expense, to pursue a course of study toward a high school 32 diploma or passage of the GED test. The Prisoner Review 33 Board shall revoke the mandatory supervised release of a 34 defendant who wilfully fails to comply with this subsection HB2300 Enrolled -12- LRB9207864ARsb 1 (j-5) upon his or her release from confinement in a penal 2 institution while serving a mandatory supervised release 3 term; however, the inability of the defendant after making a 4 good faith effort to obtain financial aid or pay for the 5 educational training shall not be deemed a wilful failure to 6 comply. The Prisoner Review Board shall recommit the 7 defendant whose mandatory supervised release term has been 8 revoked under this subsection (j-5) as provided in Section 9 3-3-9. This subsection (j-5) does not apply to a defendant 10 who has a high school diploma or has successfully passed the 11 GED test. This subsection (j-5) does not apply to a defendant 12 who is determined by the court to be developmentally disabled 13 or otherwise mentally incapable of completing the educational 14 or vocational program. 15 (k) A court may not impose a sentence or disposition for 16 a felony or misdemeanor that requires the defendant to be 17 implanted or injected with or to use any form of birth 18 control. 19 (l) (A) Except as provided in paragraph (C) of 20 subsection (l), whenever a defendant, who is an alien as 21 defined by the Immigration and Nationality Act, is 22 convicted of any felony or misdemeanor offense, the court 23 after sentencing the defendant may, upon motion of the 24 State's Attorney, hold sentence in abeyance and remand 25 the defendant to the custody of the Attorney General of 26 the United States or his or her designated agent to be 27 deported when: 28 (1) a final order of deportation has been 29 issued against the defendant pursuant to proceedings 30 under the Immigration and Nationality Act, and 31 (2) the deportation of the defendant would not 32 deprecate the seriousness of the defendant's conduct 33 and would not be inconsistent with the ends of 34 justice. HB2300 Enrolled -13- LRB9207864ARsb 1 Otherwise, the defendant shall be sentenced as 2 provided in this Chapter V. 3 (B) If the defendant has already been sentenced for 4 a felony or misdemeanor offense, or has been placed on 5 probation under Section 10 of the Cannabis Control Act or 6 Section 410 of the Illinois Controlled Substances Act, 7 the court may, upon motion of the State's Attorney to 8 suspend the sentence imposed, commit the defendant to the 9 custody of the Attorney General of the United States or 10 his or her designated agent when: 11 (1) a final order of deportation has been 12 issued against the defendant pursuant to proceedings 13 under the Immigration and Nationality Act, and 14 (2) the deportation of the defendant would not 15 deprecate the seriousness of the defendant's conduct 16 and would not be inconsistent with the ends of 17 justice. 18 (C) This subsection (l) does not apply to offenders 19 who are subject to the provisions of paragraph (2) of 20 subsection (a) of Section 3-6-3. 21 (D) Upon motion of the State's Attorney, if a 22 defendant sentenced under this Section returns to the 23 jurisdiction of the United States, the defendant shall be 24 recommitted to the custody of the county from which he or 25 she was sentenced. Thereafter, the defendant shall be 26 brought before the sentencing court, which may impose any 27 sentence that was available under Section 5-5-3 at the 28 time of initial sentencing. In addition, the defendant 29 shall not be eligible for additional good conduct credit 30 for meritorious service as provided under Section 3-6-6. 31 (m) A person convicted of criminal defacement of 32 property under Section 21-1.3 of the Criminal Code of 1961, 33 in which the property damage exceeds $300 and the property 34 damaged is a school building, shall be ordered to perform HB2300 Enrolled -14- LRB9207864ARsb 1 community service that may include cleanup, removal, or 2 painting over the defacement. 3 (Source: P.A. 90-14, eff. 7-1-97; 90-68, eff. 7-8-97; 90-680, 4 eff. 1-1-99; 90-685, eff. 1-1-99; 90-787, eff. 8-14-98; 5 91-357, eff. 7-29-99; 91-404, eff. 1-1-00; 91-663, eff. 6 12-22-99; 91-695, eff. 4-13-00.) 7 Section 99. Effective date. This Act takes effect upon 8 becoming law.