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92_HB3989 LRB9212610DHgc 1 AN ACT in relation to vehicles. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Illinois Vehicle Code is amended by 5 changing Sections 6-206 and 11-907 as follows: 6 (625 ILCS 5/6-206) (from Ch. 95 1/2, par. 6-206) 7 Sec. 6-206. Discretionary authority to suspend or revoke 8 license or permit; Right to a hearing. 9 (a) The Secretary of State is authorized to suspend or 10 revoke the driving privileges of any person without 11 preliminary hearing upon a showing of the person's records or 12 other sufficient evidence that the person: 13 1. Has committed an offense for which mandatory 14 revocation of a driver's license or permit is required 15 upon conviction; 16 2. Has been convicted of not less than 3 offenses 17 against traffic regulations governing the movement of 18 vehicles committed within any 12 month period. No 19 revocation or suspension shall be entered more than 6 20 months after the date of last conviction; 21 3. Has been repeatedly involved as a driver in 22 motor vehicle collisions or has been repeatedly convicted 23 of offenses against laws and ordinances regulating the 24 movement of traffic, to a degree that indicates lack of 25 ability to exercise ordinary and reasonable care in the 26 safe operation of a motor vehicle or disrespect for the 27 traffic laws and the safety of other persons upon the 28 highway; 29 4. Has by the unlawful operation of a motor vehicle 30 caused or contributed to an accident resulting in death 31 or injury requiring immediate professional treatment in a -2- LRB9212610DHgc 1 medical facility or doctor's office to any person, except 2 that any suspension or revocation imposed by the 3 Secretary of State under the provisions of this 4 subsection shall start no later than 6 months after being 5 convicted of violating a law or ordinance regulating the 6 movement of traffic, which violation is related to the 7 accident, or shall start not more than one year after the 8 date of the accident, whichever date occurs later; 9 5. Has permitted an unlawful or fraudulent use of a 10 driver's license, identification card, or permit; 11 6. Has been lawfully convicted of an offense or 12 offenses in another state, including the authorization 13 contained in Section 6-203.1, which if committed within 14 this State would be grounds for suspension or revocation; 15 7. Has refused or failed to submit to an 16 examination provided for by Section 6-207 or has failed 17 to pass the examination; 18 8. Is ineligible for a driver's license or permit 19 under the provisions of Section 6-103; 20 9. Has made a false statement or knowingly 21 concealed a material fact or has used false information 22 or identification in any application for a license, 23 identification card, or permit; 24 10. Has possessed, displayed, or attempted to 25 fraudulently use any license, identification card, or 26 permit not issued to the person; 27 11. Has operated a motor vehicle upon a highway of 28 this State when the person's driving privilege or 29 privilege to obtain a driver's license or permit was 30 revoked or suspended unless the operation was authorized 31 by a judicial driving permit, probationary license to 32 drive, or a restricted driving permit issued under this 33 Code; 34 12. Has submitted to any portion of the application -3- LRB9212610DHgc 1 process for another person or has obtained the services 2 of another person to submit to any portion of the 3 application process for the purpose of obtaining a 4 license, identification card, or permit for some other 5 person; 6 13. Has operated a motor vehicle upon a highway of 7 this State when the person's driver's license or permit 8 was invalid under the provisions of Sections 6-107.1 and 9 6-110; 10 14. Has committed a violation of Section 6-301, 11 6-301.1, or 6-301.2 of this Act, or Section 14, 14A, or 12 14B of the Illinois Identification Card Act; 13 15. Has been convicted of violating Section 21-2 of 14 the Criminal Code of 1961 relating to criminal trespass 15 to vehicles in which case, the suspension shall be for 16 one year; 17 16. Has been convicted of violating Section 11-204 18 of this Code relating to fleeing from a police officer; 19 17. Has refused to submit to a test, or tests, as 20 required under Section 11-501.1 of this Code and the 21 person has not sought a hearing as provided for in 22 Section 11-501.1; 23 18. Has, since issuance of a driver's license or 24 permit, been adjudged to be afflicted with or suffering 25 from any mental disability or disease; 26 19. Has committed a violation of paragraph (a) or 27 (b) of Section 6-101 relating to driving without a 28 driver's license; 29 20. Has been convicted of violating Section 6-104 30 relating to classification of driver's license; 31 21. Has been convicted of violating Section 11-402 32 of this Code relating to leaving the scene of an accident 33 resulting in damage to a vehicle in excess of $1,000, in 34 which case the suspension shall be for one year; -4- LRB9212610DHgc 1 22. Has used a motor vehicle in violating paragraph 2 (3), (4), (7), or (9) of subsection (a) of Section 24-1 3 of the Criminal Code of 1961 relating to unlawful use of 4 weapons, in which case the suspension shall be for one 5 year; 6 23. Has, as a driver, been convicted of committing 7 a violation of paragraph (a) of Section 11-502 of this 8 Code for a second or subsequent time within one year of a 9 similar violation; 10 24. Has been convicted by a court-martial or 11 punished by non-judicial punishment by military 12 authorities of the United States at a military 13 installation in Illinois of or for a traffic related 14 offense that is the same as or similar to an offense 15 specified under Section 6-205 or 6-206 of this Code; 16 25. Has permitted any form of identification to be 17 used by another in the application process in order to 18 obtain or attempt to obtain a license, identification 19 card, or permit; 20 26. Has altered or attempted to alter a license or 21 has possessed an altered license, identification card, or 22 permit; 23 27. Has violated Section 6-16 of the Liquor Control 24 Act of 1934; 25 28. Has been convicted of the illegal possession, 26 while operating or in actual physical control, as a 27 driver, of a motor vehicle, of any controlled substance 28 prohibited under the Illinois Controlled Substances Act 29 or any cannabis prohibited under the provisions of the 30 Cannabis Control Act, in which case the person's driving 31 privileges shall be suspended for one year, and any 32 driver who is convicted of a second or subsequent 33 offense, within 5 years of a previous conviction, for the 34 illegal possession, while operating or in actual physical -5- LRB9212610DHgc 1 control, as a driver, of a motor vehicle, of any 2 controlled substance prohibited under the provisions of 3 the Illinois Controlled Substances Act or any cannabis 4 prohibited under the Cannabis Control Act shall be 5 suspended for 5 years. Any defendant found guilty of this 6 offense while operating a motor vehicle, shall have an 7 entry made in the court record by the presiding judge 8 that this offense did occur while the defendant was 9 operating a motor vehicle and order the clerk of the 10 court to report the violation to the Secretary of State; 11 29. Has been convicted of the following offenses 12 that were committed while the person was operating or in 13 actual physical control, as a driver, of a motor vehicle: 14 criminal sexual assault, predatory criminal sexual 15 assault of a child, aggravated criminal sexual assault, 16 criminal sexual abuse, aggravated criminal sexual abuse, 17 juvenile pimping, soliciting for a juvenile prostitute 18 and the manufacture, sale or delivery of controlled 19 substances or instruments used for illegal drug use or 20 abuse in which case the driver's driving privileges shall 21 be suspended for one year; 22 30. Has been convicted a second or subsequent time 23 for any combination of the offenses named in paragraph 29 24 of this subsection, in which case the person's driving 25 privileges shall be suspended for 5 years; 26 31. Has refused to submit to a test as required by 27 Section 11-501.6 or has submitted to a test resulting in 28 an alcohol concentration of 0.08 or more or any amount of 29 a drug, substance, or compound resulting from the 30 unlawful use or consumption of cannabis as listed in the 31 Cannabis Control Act, a controlled substance as listed in 32 the Illinois Controlled Substances Act, or an 33 intoxicating compound as listed in the Use of 34 Intoxicating Compounds Act, in which case the penalty -6- LRB9212610DHgc 1 shall be as prescribed in Section 6-208.1; 2 32. Has been convicted of Section 24-1.2 of the 3 Criminal Code of 1961 relating to the aggravated 4 discharge of a firearm if the offender was located in a 5 motor vehicle at the time the firearm was discharged, in 6 which case the suspension shall be for 3 years; 7 33. Has as a driver, who was less than 21 years of 8 age on the date of the offense, been convicted a first 9 time of a violation of paragraph (a) of Section 11-502 of 10 this Code or a similar provision of a local ordinance; 11 34. Has committed a violation of Section 11-1301.5 12 of this Code; 13 35. Has committed a violation of Section 11-1301.6 14 of this Code; or 15 36. Is under the age of 21 years at the time of 16 arrest and has been convicted of not less than 2 17 offenses against traffic regulations governing the 18 movement of vehicles committed within any 24 month 19 period. No revocation or suspension shall be entered 20 more than 6 months after the date of last conviction; or 21 37. Has committed a violation of subsection (a) or 22 subsection (c) of Section 11-907 of this Code. 23 For purposes of paragraphs 5, 9, 10, 12, 14, 19, 25, 26, 24 and 27 of this subsection, license means any driver's 25 license, any traffic ticket issued when the person's driver's 26 license is deposited in lieu of bail, a suspension notice 27 issued by the Secretary of State, a duplicate or corrected 28 driver's license, a probationary driver's license or a 29 temporary driver's license. 30 (b) If any conviction forming the basis of a suspension 31 or revocation authorized under this Section is appealed, the 32 Secretary of State may rescind or withhold the entry of the 33 order of suspension or revocation, as the case may be, 34 provided that a certified copy of a stay order of a court is -7- LRB9212610DHgc 1 filed with the Secretary of State. If the conviction is 2 affirmed on appeal, the date of the conviction shall relate 3 back to the time the original judgment of conviction was 4 entered and the 6 month limitation prescribed shall not 5 apply. 6 (c) 1. Upon suspending or revoking the driver's license 7 or permit of any person as authorized in this Section, 8 the Secretary of State shall immediately notify the 9 person in writing of the revocation or suspension. The 10 notice to be deposited in the United States mail, postage 11 prepaid, to the last known address of the person. 12 2. If the Secretary of State suspends the driver's 13 license of a person under subsection 2 of paragraph (a) 14 of this Section, a person's privilege to operate a 15 vehicle as an occupation shall not be suspended, provided 16 an affidavit is properly completed, the appropriate fee 17 received, and a permit issued prior to the effective date 18 of the suspension, unless 5 offenses were committed, at 19 least 2 of which occurred while operating a commercial 20 vehicle in connection with the driver's regular 21 occupation. All other driving privileges shall be 22 suspended by the Secretary of State. Any driver prior to 23 operating a vehicle for occupational purposes only must 24 submit the affidavit on forms to be provided by the 25 Secretary of State setting forth the facts of the 26 person's occupation. The affidavit shall also state the 27 number of offenses committed while operating a vehicle in 28 connection with the driver's regular occupation. The 29 affidavit shall be accompanied by the driver's license. 30 Upon receipt of a properly completed affidavit, the 31 Secretary of State shall issue the driver a permit to 32 operate a vehicle in connection with the driver's regular 33 occupation only. Unless the permit is issued by the 34 Secretary of State prior to the date of suspension, the -8- LRB9212610DHgc 1 privilege to drive any motor vehicle shall be suspended 2 as set forth in the notice that was mailed under this 3 Section. If an affidavit is received subsequent to the 4 effective date of this suspension, a permit may be issued 5 for the remainder of the suspension period. 6 The provisions of this subparagraph shall not apply 7 to any driver required to obtain a commercial driver's 8 license under Section 6-507 during the period of a 9 disqualification of commercial driving privileges under 10 Section 6-514. 11 Any person who falsely states any fact in the 12 affidavit required herein shall be guilty of perjury 13 under Section 6-302 and upon conviction thereof shall 14 have all driving privileges revoked without further 15 rights. 16 3. At the conclusion of a hearing under Section 17 2-118 of this Code, the Secretary of State shall either 18 rescind or continue an order of revocation or shall 19 substitute an order of suspension; or, good cause 20 appearing therefor, rescind, continue, change, or extend 21 the order of suspension. If the Secretary of State does 22 not rescind the order, the Secretary may upon 23 application, to relieve undue hardship, issue a 24 restricted driving permit granting the privilege of 25 driving a motor vehicle between the petitioner's 26 residence and petitioner's place of employment or within 27 the scope of his employment related duties, or to allow 28 transportation for the petitioner, or a household member 29 of the petitioner's family, to receive necessary medical 30 care and if the professional evaluation indicates, 31 provide transportation for alcohol remedial or 32 rehabilitative activity, or for the petitioner to attend 33 classes, as a student, in an accredited educational 34 institution; if the petitioner is able to demonstrate -9- LRB9212610DHgc 1 that no alternative means of transportation is reasonably 2 available and the petitioner will not endanger the public 3 safety or welfare. 4 If a person's license or permit has been revoked or 5 suspended due to 2 or more convictions of violating 6 Section 11-501 of this Code or a similar provision of a 7 local ordinance or a similar out-of-state offense, 8 arising out of separate occurrences, that person, if 9 issued a restricted driving permit, may not operate a 10 vehicle unless it has been equipped with an ignition 11 interlock device as defined in Section 1-129.1. 12 If a person's license or permit has been revoked or 13 suspended 2 or more times within a 10 year period due to 14 a single conviction of violating Section 11-501 of this 15 Code or a similar provision of a local ordinance or a 16 similar out-of-state offense, and a statutory summary 17 suspension under Section 11-501.1, or 2 or more statutory 18 summary suspensions, or combination of 2 offenses, or of 19 an offense and a statutory summary suspension, arising 20 out of separate occurrences, that person, if issued a 21 restricted driving permit, may not operate a vehicle 22 unless it has been equipped with an ignition interlock 23 device as defined in Section 1-129.1. The person must pay 24 to the Secretary of State DUI Administration Fund an 25 amount not to exceed $20 per month. The Secretary shall 26 establish by rule the amount and the procedures, terms, 27 and conditions relating to these fees. If the restricted 28 driving permit was issued for employment purposes, then 29 this provision does not apply to the operation of an 30 occupational vehicle owned or leased by that person's 31 employer. In each case the Secretary may issue a 32 restricted driving permit for a period deemed 33 appropriate, except that all permits shall expire within 34 one year from the date of issuance. The Secretary may -10- LRB9212610DHgc 1 not, however, issue a restricted driving permit to any 2 person whose current revocation is the result of a second 3 or subsequent conviction for a violation of Section 4 11-501 of this Code or a similar provision of a local 5 ordinance relating to the offense of operating or being 6 in physical control of a motor vehicle while under the 7 influence of alcohol, other drug or drugs, intoxicating 8 compound or compounds, or any similar out-of-state 9 offense, or any combination of those offenses, until the 10 expiration of at least one year from the date of the 11 revocation. A restricted driving permit issued under this 12 Section shall be subject to cancellation, revocation, and 13 suspension by the Secretary of State in like manner and 14 for like cause as a driver's license issued under this 15 Code may be cancelled, revoked, or suspended; except that 16 a conviction upon one or more offenses against laws or 17 ordinances regulating the movement of traffic shall be 18 deemed sufficient cause for the revocation, suspension, 19 or cancellation of a restricted driving permit. The 20 Secretary of State may, as a condition to the issuance of 21 a restricted driving permit, require the applicant to 22 participate in a designated driver remedial or 23 rehabilitative program. The Secretary of State is 24 authorized to cancel a restricted driving permit if the 25 permit holder does not successfully complete the program. 26 (c-5) The Secretary of State may, as a condition of the 27 reissuance of a driver's license or permit to an applicant 28 whose driver's license or permit has been suspended before he 29 or she reached the age of 18 years pursuant to any of the 30 provisions of this Section, require the applicant to 31 participate in a driver remedial education course and be 32 retested under Section 6-109 of this Code. 33 (d) This Section is subject to the provisions of the 34 Drivers License Compact. -11- LRB9212610DHgc 1 (e) The Secretary of State shall not issue a restricted 2 driving permit to a person under the age of 16 years whose 3 driving privileges have been suspended or revoked under any 4 provisions of this Code. 5 (Source: P.A. 92-283, eff. 1-1-02; 92-418, eff. 8-17-01; 6 92-458, eff. 8-22-01; revised 8-27-01.) 7 (625 ILCS 5/11-907) (from Ch. 95 1/2, par. 11-907) 8 Sec. 11-907. Operation of vehicles and streetcars on 9 approach of authorized emergency vehicles. 10 (a) Upon the immediate approach of an authorized 11 emergency vehicle making use of audible and visual signals 12 meeting the requirements of this Code or a police vehicle 13 properly and lawfully making use of an audible or visual 14 signal, 15 (1) the driver of every other vehicle shall yield 16 the right-of-way and shall immediately drive to a 17 position parallel to, and as close as possible to, the 18 right-hand edge or curb of the highway clear of any 19 intersection and shall, if necessary to permit the safe 20 passage of the emergency vehicle, stop and remain in such 21 position until the authorized emergency vehicle has 22 passed, unless otherwise directed by a police officer and 23 (2) the operator of every streetcar shall 24 immediately stop such car clear of any intersection and 25 keep it in such position until the authorized emergency 26 vehicle has passed, unless otherwise directed by a police 27 officer. 28 (b) This Section shall not operate to relieve the driver 29 of an authorized emergency vehicle from the duty to drive 30 with due regard for the safety of all persons using the 31 highway. 32 (c) Upon approaching a stationary authorized emergency 33 vehicle, when the authorized emergency vehicle is giving a -12- LRB9212610DHgc 1 signal by displaying alternately flashing red, red and white, 2 blue, or red and blue lights or amber or yellow warning 3 lights, a person who drives an approaching vehicle shall: 4 (1) proceeding with due caution, yield the 5 right-of-way by making a lane change into a lane not 6 adjacent to that of the authorized emergency vehicle, if 7 possible with due regard to safety and traffic 8 conditions, if on a highway having at least 4 lanes with 9 not less than 2 lanes proceeding in the same direction as 10 the approaching vehicle; or 11 (2) proceeding with due caution, reduce the speed 12 of the vehicle, maintaining a safe speed for road 13 conditions, if changing lanes would be impossible or 14 unsafe. 15 As used in this Sectionsubsection (c), "authorized 16 emergency vehicle" includes any vehicle authorized by law to 17 be equipped with oscillating, rotating, or flashing lights 18 under Section 12-215 of this Code, while the owner or 19 operator of the vehicle is engaged in his or her official 20 duties. 21 (d) A person who violates subsection (a) or subsection 22 (c) of this Section commits a business offense punishable by 23 a fine of not more than $10,000. It is a factor in 24 aggravation if the person committed the offense while in 25 violation of Section 11-501 of this Code. 26 (e) If a violation of subsection (a) or subsection (c) 27 of this Section results in damage to the property of another 28 person, in addition to any other penalty imposed, the 29 person's driving privileges shall be suspended for a fixed 30 period of not less than 90 days and not more than one year. 31 (f) If a violation of subsection (a) or subsection (c) 32 of this Section results in injury to another person, in 33 addition to any other penalty imposed, the person's driving 34 privileges shall be suspended for a fixed period of not less -13- LRB9212610DHgc 1 than 180 days and not more than 2 years. 2 (g) If a violation of subsection (a) or subsection (c) 3 of this Section results in the death of another person, in 4 addition to any other penalty imposed, the person's driving 5 privileges shall be suspended for 2 years. 6 (h) The Secretary of State shall, upon receiving a 7 record of a judgment entered against a person under 8 subsection (a) or subsection (c) of this Section: 9 (1) suspend the person's driving privileges for the 10 mandatory period; or 11 (2) extend the period of an existing suspension by 12 the appropriate mandatory period. 13 (Source: P.A. 92-283, eff. 1-1-02.) 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 30 paragraph (h) of Section 21-1 of the Criminal Code of 31 1961. 32 (6) A fine. -14- LRB9212610DHgc 1 (7) An order directing the offender to make 2 restitution to the victim under Section 5-5-6 of this 3 Code. 4 (8) A sentence of participation in a county impact 5 incarceration program under Section 5-8-1.2 of this Code. 6 Whenever an individual is sentenced for an offense based 7 upon an arrest for a violation of Section 11-501 of the 8 Illinois Vehicle Code, or a similar provision of a local 9 ordinance, and the professional evaluation recommends 10 remedial or rehabilitative treatment or education, neither 11 the treatment nor the education shall be the sole disposition 12 and either or both may be imposed only in conjunction with 13 another disposition. The court shall monitor compliance with 14 any remedial education or treatment recommendations contained 15 in the professional evaluation. Programs conducting alcohol 16 or other drug evaluation or remedial education must be 17 licensed by the Department of Human Services. However, if 18 the individual is not a resident of Illinois, the court may 19 accept an alcohol or other drug evaluation or remedial 20 education program in the state of such individual's 21 residence. Programs providing treatment must be licensed 22 under existing applicable alcoholism and drug treatment 23 licensure standards. 24 In addition to any other fine or penalty required by law, 25 any individual convicted of a violation of Section 11-501 of 26 the Illinois Vehicle Code or a similar provision of local 27 ordinance, whose operation of a motor vehicle while in 28 violation of Section 11-501 or such ordinance proximately 29 caused an incident resulting in an appropriate emergency 30 response, shall be required to make restitution to a public 31 agency for the costs of that emergency response. Such 32 restitution shall not exceed $500 per public agency for each 33 such emergency response. For the purpose of this paragraph, 34 emergency response shall mean any incident requiring a -15- LRB9212610DHgc 1 response by: a police officer as defined under Section 1-162 2 of the Illinois Vehicle Code; a fireman carried on the rolls 3 of a regularly constituted fire department; and an ambulance 4 as defined under Section 4.05 of the Emergency Medical 5 Services (EMS) Systems Act. 6 Neither a fine nor restitution shall be the sole 7 disposition for a felony and either or both may be imposed 8 only in conjunction with another disposition. 9 (c) (1) When a defendant is found guilty of first degree 10 murder the State may either seek a sentence of 11 imprisonment under Section 5-8-1 of this Code, or where 12 appropriate seek a sentence of death under Section 9-1 of 13 the Criminal Code of 1961. 14 (2) A period of probation, a term of periodic 15 imprisonment or conditional discharge shall not be 16 imposed for the following offenses. The court shall 17 sentence the offender to not less than the minimum term 18 of imprisonment set forth in this Code for the following 19 offenses, and may order a fine or restitution or both in 20 conjunction with such term of imprisonment: 21 (A) First degree murder where the death 22 penalty is not imposed. 23 (B) Attempted first degree murder. 24 (C) A Class X felony. 25 (D) A violation of Section 401.1 or 407 of the 26 Illinois Controlled Substances Act, or a violation 27 of subdivision (c)(2) of Section 401 of that Act 28 which relates to more than 5 grams of a substance 29 containing cocaine or an analog thereof. 30 (E) A violation of Section 5.1 or 9 of the 31 Cannabis Control Act. 32 (F) A Class 2 or greater felony if the 33 offender had been convicted of a Class 2 or greater 34 felony within 10 years of the date on which the -16- LRB9212610DHgc 1 offender committed the offense for which he or she 2 is being sentenced, except as otherwise provided in 3 Section 40-10 of the Alcoholism and Other Drug Abuse 4 and Dependency Act. 5 (G) Residential burglary, except as otherwise 6 provided in Section 40-10 of the Alcoholism and 7 Other Drug Abuse and Dependency Act. 8 (H) Criminal sexual assault, except as 9 otherwise provided in subsection (e) of this 10 Section. 11 (I) Aggravated battery of a senior citizen. 12 (J) A forcible felony if the offense was 13 related to the activities of an organized gang. 14 Before July 1, 1994, for the purposes of this 15 paragraph, "organized gang" means an association of 16 5 or more persons, with an established hierarchy, 17 that encourages members of the association to 18 perpetrate crimes or provides support to the members 19 of the association who do commit crimes. 20 Beginning July 1, 1994, for the purposes of 21 this paragraph, "organized gang" has the meaning 22 ascribed to it in Section 10 of the Illinois 23 Streetgang Terrorism Omnibus Prevention Act. 24 (K) Vehicular hijacking. 25 (L) A second or subsequent conviction for the 26 offense of hate crime when the underlying offense 27 upon which the hate crime is based is felony 28 aggravated assault or felony mob action. 29 (M) A second or subsequent conviction for the 30 offense of institutional vandalism if the damage to 31 the property exceeds $300. 32 (N) A Class 3 felony violation of paragraph 33 (1) of subsection (a) of Section 2 of the Firearm 34 Owners Identification Card Act. -17- LRB9212610DHgc 1 (O) A violation of Section 12-6.1 of the 2 Criminal Code of 1961. 3 (P) A violation of paragraph (1), (2), (3), 4 (4), (5), or (7) of subsection (a) of Section 5 11-20.1 of the Criminal Code of 1961. 6 (Q) A violation of Section 20-1.2 of the 7 Criminal Code of 1961. 8 (R) A violation of Section 24-3A of the 9 Criminal Code of 1961. 10 (S) A violation of Section 11-501(c-1)(3) of 11 the Illinois Vehicle Code. 12 (3) A minimum term of imprisonment of not less than 13 5 days or 30 days of community service as may be 14 determined by the court shall be imposed for a second 15 violation committed within 5 years of a previous 16 violation of Section 11-501 of the Illinois Vehicle Code 17 or a similar provision of a local ordinance. In the case 18 of a third or subsequent violation committed within 5 19 years of a previous violation of Section 11-501 of the 20 Illinois Vehicle Code or a similar provision of a local 21 ordinance, a minimum term of either 10 days of 22 imprisonment or 60 days of community service shall be 23 imposed. 24 (4) A minimum term of imprisonment of not less than 25 10 consecutive days or 30 days of community service shall 26 be imposed for a violation of paragraph (c) of Section 27 6-303 of the Illinois Vehicle Code. 28 (4.1) A minimum term of 30 consecutive days of 29 imprisonment, 40 days of 24 hour periodic imprisonment or 30 720 hours of community service, as may be determined by 31 the court, shall be imposed for a violation of Section 32 11-501 of the Illinois Vehicle Code during a period in 33 which the defendant's driving privileges are revoked or 34 suspended, where the revocation or suspension was for a -18- LRB9212610DHgc 1 violation of Section 11-501 or Section 11-501.1 of that 2 Code. 3 (4.2) Except as provided in paragraph (4.3) of this 4 subsection (c), a minimum of 100 hours of community 5 service shall be imposed for a second violation of 6 Section 6-303 of the Illinois Vehicle Code. 7 (4.3) A minimum term of imprisonment of 30 days or 8 300 hours of community service, as determined by the 9 court, shall be imposed for a second violation of 10 subsection (c) of Section 6-303 of the Illinois Vehicle 11 Code. 12 (4.4) Except as provided in paragraph (4.5) and 13 paragraph (4.6) of this subsection (c), a minimum term of 14 imprisonment of 30 days or 300 hours of community 15 service, as determined by the court, shall be imposed for 16 a third or subsequent violation of Section 6-303 of the 17 Illinois Vehicle Code. 18 (4.5) A minimum term of imprisonment of 30 days 19 shall be imposed for a third violation of subsection (c) 20 of Section 6-303 of the Illinois Vehicle Code. 21 (4.6) A minimum term of imprisonment of 180 days 22 shall be imposed for a fourth or subsequent violation of 23 subsection (c) of Section 6-303 of the Illinois Vehicle 24 Code. 25 (5) The court may sentence an offender convicted of 26 a business offense or a petty offense or a corporation or 27 unincorporated association convicted of any offense to: 28 (A) a period of conditional discharge; 29 (B) a fine; 30 (C) make restitution to the victim under 31 Section 5-5-6 of this Code. 32 (5.1) In addition to any penalties imposed under 33 paragraph (5) of this subsection (c), and except as 34 provided in paragraph (5.2) or (5.3), a person convicted -19- LRB9212610DHgc 1 of violating subsection (a) or subsection (c) of Section 2 11-907 of the Illinois Vehicle Code shall have his or her 3 driver's license, permit, or privileges suspended for at 4 least 90 days but not more than one year, if the 5 violation resulted in damage to the property of another 6 person. 7 (5.2) In addition to any penalties imposed under 8 paragraph (5) of this subsection (c), and except as 9 provided in paragraph (5.3), a person convicted of 10 violating subsection (a) or subsection (c) of Section 11 11-907 of the Illinois Vehicle Code shall have his or her 12 driver's license, permit, or privileges suspended for at 13 least 180 days but not more than 2 years, if the 14 violation resulted in injury to another person. 15 (5.3) In addition to any penalties imposed under 16 paragraph (5) of this subsection (c), a person convicted 17 of violating subsection (a) or subsection (c) of Section 18 11-907 of the Illinois Vehicle Code shall have his or her 19 driver's license, permit, or privileges suspended for 2 20 years, if the violation resulted in the death of another 21 person. 22 (6) In no case shall an offender be eligible for a 23 disposition of probation or conditional discharge for a 24 Class 1 felony committed while he was serving a term of 25 probation or conditional discharge for a felony. 26 (7) When a defendant is adjudged a habitual 27 criminal under Article 33B of the Criminal Code of 1961, 28 the court shall sentence the defendant to a term of 29 natural life imprisonment. 30 (8) When a defendant, over the age of 21 years, is 31 convicted of a Class 1 or Class 2 felony, after having 32 twice been convicted in any state or federal court of an 33 offense that contains the same elements as an offense now 34 classified in Illinois as a Class 2 or greater Class -20- LRB9212610DHgc 1 felony and such charges are separately brought and tried 2 and arise out of different series of acts, such defendant 3 shall be sentenced as a Class X offender. This paragraph 4 shall not apply unless (1) the first felony was committed 5 after the effective date of this amendatory Act of 1977; 6 and (2) the second felony was committed after conviction 7 on the first; and (3) the third felony was committed 8 after conviction on the second. A person sentenced as a 9 Class X offender under this paragraph is not eligible to 10 apply for treatment as a condition of probation as 11 provided by Section 40-10 of the Alcoholism and Other 12 Drug Abuse and Dependency Act. 13 (9) A defendant convicted of a second or subsequent 14 offense of ritualized abuse of a child may be sentenced 15 to a term of natural life imprisonment. 16 (10) When a person is convicted of violating 17 Section 11-501 of the Illinois Vehicle Code or a similar 18 provision of a local ordinance, the following penalties 19 apply when his or her blood, breath, or urine was .16 or 20 more based on the definition of blood, breath, or urine 21 units in Section 11-501.2 or that person is convicted of 22 violating Section 11-501 of the Illinois Vehicle Code 23 while transporting a child under the age of 16: 24 (A) For a first violation of subsection (a) of 25 Section 11-501, in addition to any other penalty 26 that may be imposed under subsection (c) of Section 27 11-501: a mandatory minimum of 100 hours of 28 community service and a minimum fine of $500. 29 (B) For a second violation of subsection (a) 30 of Section 11-501, in addition to any other penalty 31 that may be imposed under subsection (c) of Section 32 11-501 within 10 years: a mandatory minimum of 2 33 days of imprisonment and a minimum fine of $1,250. 34 (C) For a third violation of subsection (a) of -21- LRB9212610DHgc 1 Section 11-501, in addition to any other penalty 2 that may be imposed under subsection (c) of Section 3 11-501 within 20 years: a mandatory minimum of 90 4 days of imprisonment and a minimum fine of $2,500. 5 (D) For a fourth or subsequent violation of 6 subsection (a) of Section 11-501: ineligibility for 7 a sentence of probation or conditional discharge and 8 a minimum fine of $2,500. 9 (d) In any case in which a sentence originally imposed 10 is vacated, the case shall be remanded to the trial court. 11 The trial court shall hold a hearing under Section 5-4-1 of 12 the Unified Code of Corrections which may include evidence of 13 the defendant's life, moral character and occupation during 14 the time since the original sentence was passed. The trial 15 court shall then impose sentence upon the defendant. The 16 trial court may impose any sentence which could have been 17 imposed at the original trial subject to Section 5-5-4 of the 18 Unified Code of Corrections. If a sentence is vacated on 19 appeal or on collateral attack due to the failure of the 20 trier of fact at trial to determine beyond a reasonable doubt 21 the existence of a fact (other than a prior conviction) 22 necessary to increase the punishment for the offense beyond 23 the statutory maximum otherwise applicable, either the 24 defendant may be re-sentenced to a term within the range 25 otherwise provided or, if the State files notice of its 26 intention to again seek the extended sentence, the defendant 27 shall be afforded a new trial. 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: -22- LRB9212610DHgc 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 -23- LRB9212610DHgc 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 -24- LRB9212610DHgc 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 -25- LRB9212610DHgc 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 -26- LRB9212610DHgc 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 -27- LRB9212610DHgc 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 16 subsection (l), whenever a defendant, who is an alien as 17 defined by the Immigration and Nationality Act, is 18 convicted of any felony or misdemeanor offense, the court 19 after sentencing the defendant may, upon motion of the 20 State's Attorney, hold sentence in abeyance and remand 21 the defendant to the custody of the Attorney General of 22 the United States or his or her designated agent to be 23 deported when: 24 (1) a final order of deportation has been 25 issued against the defendant pursuant to proceedings 26 under the Immigration and Nationality Act, and 27 (2) the deportation of the defendant would not 28 deprecate the seriousness of the defendant's conduct 29 and would not be inconsistent with the ends of 30 justice. 31 Otherwise, the defendant shall be sentenced as 32 provided in this Chapter V. 33 (B) If the defendant has already been sentenced for 34 a felony or misdemeanor offense, or has been placed on -28- LRB9212610DHgc 1 probation under Section 10 of the Cannabis Control Act or 2 Section 410 of the Illinois Controlled Substances Act, 3 the court may, upon motion of the State's Attorney to 4 suspend the sentence imposed, commit the defendant to the 5 custody of the Attorney General of the United States or 6 his or her designated agent when: 7 (1) a final order of deportation has been 8 issued against the defendant pursuant to proceedings 9 under the Immigration and Nationality Act, and 10 (2) the deportation of the defendant would not 11 deprecate the seriousness of the defendant's conduct 12 and would not be inconsistent with the ends of 13 justice. 14 (C) This subsection (l) does not apply to offenders 15 who are subject to the provisions of paragraph (2) of 16 subsection (a) of Section 3-6-3. 17 (D) Upon motion of the State's Attorney, if a 18 defendant sentenced under this Section returns to the 19 jurisdiction of the United States, the defendant shall be 20 recommitted to the custody of the county from which he or 21 she was sentenced. Thereafter, the defendant shall be 22 brought before the sentencing court, which may impose any 23 sentence that was available under Section 5-5-3 at the 24 time of initial sentencing. In addition, the defendant 25 shall not be eligible for additional good conduct credit 26 for meritorious service as provided under Section 3-6-6. 27 (m) A person convicted of criminal defacement of 28 property under Section 21-1.3 of the Criminal Code of 1961, 29 in which the property damage exceeds $300 and the property 30 damaged is a school building, shall be ordered to perform 31 community service that may include cleanup, removal, or 32 painting over the defacement. 33 (Source: P.A. 91-357, eff. 7-29-99; 91-404, eff. 1-1-00; 34 91-663, eff. 12-22-99; 91-695, eff. 4-13-00; 91-953, eff. -29- LRB9212610DHgc 1 2-23-01; 92-183, eff. 7-27-01; 92-248, eff. 8-3-01; 92-283, 2 eff. 1-1-02; 92-340, eff. 8-10-01; 92-418, eff. 8-17-01; 3 92-422, eff. 8-17-01; revised 8-28-01.)