State of Illinois
92nd General Assembly
Legislation

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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  Section  subsection  (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.)

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