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92_HB5642 LRB9214587RCcs 1 AN ACT in relation to criminal law. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Unified Code of Corrections is amended by 5 changing Section 5-5-3 as follows: 6 (730 ILCS 5/5-5-3) (from Ch. 38, par. 1005-5-3) 7 Sec. 5-5-3. Disposition. 8 (a) Every person convicted of an offense shall be 9 sentenced as provided in this Section. 10 (b) The following options shall be appropriate 11 dispositions, alone or in combination, for all felonies and 12 misdemeanors other than those identified in subsection (c) of 13 this Section: 14 (1) A period of probation. 15 (2) A term of periodic imprisonment. 16 (3) A term of conditional discharge. 17 (4) A term of imprisonment. 18 (5) An order directing the offender to clean up and 19 repair the damage, if the offender was convicted under 20 paragraph (h) of Section 21-1 of the Criminal Code of 21 1961. 22 (6) A fine. 23 (7) An order directing the offender to make 24 restitution to the victim under Section 5-5-6 of this 25 Code. 26 (8) A sentence of participation in a county impact 27 incarceration program under Section 5-8-1.2 of this Code. 28 Whenever an individual is sentenced for an offense based 29 upon an arrest for a violation of Section 11-501 of the 30 Illinois Vehicle Code, or a similar provision of a local 31 ordinance, and the professional evaluation recommends -2- LRB9214587RCcs 1 remedial or rehabilitative treatment or education, neither 2 the treatment nor the education shall be the sole disposition 3 and either or both may be imposed only in conjunction with 4 another disposition. The court shall monitor compliance with 5 any remedial education or treatment recommendations contained 6 in the professional evaluation. Programs conducting alcohol 7 or other drug evaluation or remedial education must be 8 licensed by the Department of Human Services. However, if 9 the individual is not a resident of Illinois, the court may 10 accept an alcohol or other drug evaluation or remedial 11 education program in the state of such individual's 12 residence. Programs providing treatment must be licensed 13 under existing applicable alcoholism and drug treatment 14 licensure standards. 15 In addition to any other fine or penalty required by law, 16 any individual convicted of a violation of Section 11-501 of 17 the Illinois Vehicle Code or a similar provision of local 18 ordinance, whose operation of a motor vehicle while in 19 violation of Section 11-501 or such ordinance proximately 20 caused an incident resulting in an appropriate emergency 21 response, shall be required to make restitution to a public 22 agency for the costs of that emergency response. Such 23 restitution shall not exceed $500 per public agency for each 24 such emergency response. For the purpose of this paragraph, 25 emergency response shall mean any incident requiring a 26 response by: a police officer as defined under Section 1-162 27 of the Illinois Vehicle Code; a fireman carried on the rolls 28 of a regularly constituted fire department; and an ambulance 29 as defined under Section 4.05 of the Emergency Medical 30 Services (EMS) Systems Act. 31 Neither a fine nor restitution shall be the sole 32 disposition for a felony and either or both may be imposed 33 only in conjunction with another disposition. 34 (c) (1) When a defendant is found guilty of first degree -3- LRB9214587RCcs 1 murder the State may either seek a sentence of 2 imprisonment under Section 5-8-1 of this Code, or where 3 appropriate seek a sentence of death under Section 9-1 of 4 the Criminal Code of 1961. 5 (2) A period of probation, a term of periodic 6 imprisonment or conditional discharge shall not be 7 imposed for the following offenses. The court shall 8 sentence the offender to not less than the minimum term 9 of imprisonment set forth in this Code for the following 10 offenses, and may order a fine or restitution or both in 11 conjunction with such term of imprisonment: 12 (A) First degree murder where the death 13 penalty is not imposed. 14 (B) Attempted first degree murder. 15 (C) A Class X felony. 16 (D) A violation of Section 401.1 or 407 of the 17 Illinois Controlled Substances Act, or a violation 18 of subdivision (c)(2) of Section 401 of that Act 19 which relates to more than 5 grams of a substance 20 containing cocaine or an analog thereof. 21 (E) A violation of Section 5.1 or 9 of the 22 Cannabis Control Act. 23 (F) A Class 2 or greater felony if the 24 offender had been convicted of a Class 2 or greater 25 felony within 10 years of the date on which the 26 offender committed the offense for which he or she 27 is being sentenced, except as otherwise provided in 28 Section 40-10 of the Alcoholism and Other Drug Abuse 29 and Dependency Act. 30 (G) Residential burglary, except as otherwise 31 provided in Section 40-10 of the Alcoholism and 32 Other Drug Abuse and Dependency Act. 33 (H) Criminal sexual assault, except as 34 otherwise provided in subsection (e) of this -4- LRB9214587RCcs 1 Section. 2 (I) Aggravated battery of a senior citizen. 3 (J) A forcible felony if the offense was 4 related to the activities of an organized gang. 5 Before July 1, 1994, for the purposes of this 6 paragraph, "organized gang" means an association of 7 5 or more persons, with an established hierarchy, 8 that encourages members of the association to 9 perpetrate crimes or provides support to the members 10 of the association who do commit crimes. 11 Beginning July 1, 1994, for the purposes of 12 this paragraph, "organized gang" has the meaning 13 ascribed to it in Section 10 of the Illinois 14 Streetgang Terrorism Omnibus Prevention Act. 15 (K) Vehicular hijacking. 16 (L) A second or subsequent conviction for the 17 offense of hate crime when the underlying offense 18 upon which the hate crime is based is felony 19 aggravated assault or felony mob action. 20 (M) A second or subsequent conviction for the 21 offense of institutional vandalism if the damage to 22 the property exceeds $300. 23 (N) A Class 3 felony violation of paragraph 24 (1) of subsection (a) of Section 2 of the Firearm 25 Owners Identification Card Act. 26 (O) A violation of Section 12-6.1 of the 27 Criminal Code of 1961. 28 (P) A violation of paragraph (1), (2), (3), 29 (4), (5), or (7) of subsection (a) of Section 30 11-20.1 of the Criminal Code of 1961. 31 (Q) A violation of Section 20-1.2 of the 32 Criminal Code of 1961. 33 (R) A violation of Section 24-3A of the 34 Criminal Code of 1961. -5- LRB9214587RCcs 1 (S) A violation of Section 11-501(c-1)(3) of 2 the Illinois Vehicle Code. 3 (3) A minimum term of imprisonment of not less than 4 5 days or 30 days of community service as may be 5 determined by the court shall be imposed for a second 6 violation committed within 5 years of a previous 7 violation of Section 11-501 of the Illinois Vehicle Code 8 or a similar provision of a local ordinance. In the case 9 of a third or subsequent violation committed within 5 10 years of a previous violation of Section 11-501 of the 11 Illinois Vehicle Code or a similar provision of a local 12 ordinance, a minimum term of either 10 days of 13 imprisonment or 60 days of community service shall be 14 imposed. 15 (4) A minimum term of imprisonment of not less than 16 10 consecutive days or 30 days of community service shall 17 be imposed for a violation of paragraph (c) of Section 18 6-303 of the Illinois Vehicle Code. 19 (4.1) A minimum term of 30 consecutive days of 20 imprisonment, 40 days of 24 hour periodic imprisonment or 21 720 hours of community service, as may be determined by 22 the court, shall be imposed for a violation of Section 23 11-501 of the Illinois Vehicle Code during a period in 24 which the defendant's driving privileges are revoked or 25 suspended, where the revocation or suspension was for a 26 violation of Section 11-501 or Section 11-501.1 of that 27 Code. 28 (4.2) Except as provided in paragraph (4.3) of this 29 subsection (c), a minimum of 100 hours of community 30 service shall be imposed for a second violation of 31 Section 6-303 of the Illinois Vehicle Code. 32 (4.3) A minimum term of imprisonment of 30 days or 33 300 hours of community service, as determined by the 34 court, shall be imposed for a second violation of -6- LRB9214587RCcs 1 subsection (c) of Section 6-303 of the Illinois Vehicle 2 Code. 3 (4.4) Except as provided in paragraph (4.5) and 4 paragraph (4.6) of this subsection (c), a minimum term of 5 imprisonment of 30 days or 300 hours of community 6 service, as determined by the court, shall be imposed for 7 a third or subsequent violation of Section 6-303 of the 8 Illinois Vehicle Code. 9 (4.5) A minimum term of imprisonment of 30 days 10 shall be imposed for a third violation of subsection (c) 11 of Section 6-303 of the Illinois Vehicle Code. 12 (4.6) A minimum term of imprisonment of 180 days 13 shall be imposed for a fourth or subsequent violation of 14 subsection (c) of Section 6-303 of the Illinois Vehicle 15 Code. 16 (5) The court may sentence an offender convicted of 17 a business offense or a petty offense or a corporation or 18 unincorporated association convicted of any offense to: 19 (A) a period of conditional discharge; 20 (B) a fine; 21 (C) make restitution to the victim under 22 Section 5-5-6 of this Code. 23 (5.1) In addition to any penalties imposed under 24 paragraph (5) of this subsection (c), and except as 25 provided in paragraph (5.2) or (5.3), a person convicted 26 of violating subsection (c) of Section 11-907 of the 27 Illinois Vehicle Code shall have his or her driver's 28 license, permit, or privileges suspended for at least 90 29 days but not more than one year, if the violation 30 resulted in damage to the property of another person. 31 (5.2) In addition to any penalties imposed under 32 paragraph (5) of this subsection (c), and except as 33 provided in paragraph (5.3), a person convicted of 34 violating subsection (c) of Section 11-907 of the -7- LRB9214587RCcs 1 Illinois Vehicle Code shall have his or her driver's 2 license, permit, or privileges suspended for at least 180 3 days but not more than 2 years, if the violation resulted 4 in injury to another person. 5 (5.3) In addition to any penalties imposed under 6 paragraph (5) of this subsection (c), a person convicted 7 of violating subsection (c) of Section 11-907 of the 8 Illinois Vehicle Code shall have his or her driver's 9 license, permit, or privileges suspended for 2 years, if 10 the violation resulted in the death of another person. 11 (6) In no case shall an offender be eligible for a 12 disposition of probation or conditional discharge for a 13 Class 1 felony committed while he was serving a term of 14 probation or conditional discharge for a felony. 15 (7) When a defendant is adjudged a habitual 16 criminal under Article 33B of the Criminal Code of 1961, 17 the court shall sentence the defendant to a term of 18 natural life imprisonment. 19 (8) When a defendant, over the age of 21 years, is 20 convicted of a Class 1 or Class 2 felony or is convicted 21 of a felony that is gang-related as defined in Section 10 22 of the Illinois Streetgang Terrorism Omnibus Prevention 23 Act, after having twice been convicted in any state or 24 federal court of an offense that contains the same 25 elements as an offense now classified in Illinois as a 26 Class 2 or greater Class felony and such charges are 27 separately brought and tried and arise out of different 28 series of acts, such defendant shall be sentenced as a 29 Class X offender. This paragraph shall not apply unless 30 (1) the first felony was committed after the effective 31 date of this amendatory Act of 1977; and (2) the second 32 felony was committed after conviction on the first; and 33 (3) the third felony was committed after conviction on 34 the second. A person sentenced as a Class X offender -8- LRB9214587RCcs 1 under this paragraph is not eligible to apply for 2 treatment as a condition of probation as provided by 3 Section 40-10 of the Alcoholism and Other Drug Abuse and 4 Dependency Act. 5 (9) A defendant convicted of a second or subsequent 6 offense of ritualized abuse of a child may be sentenced 7 to a term of natural life imprisonment. 8 (10) When a person is convicted of violating 9 Section 11-501 of the Illinois Vehicle Code or a similar 10 provision of a local ordinance, the following penalties 11 apply when his or her blood, breath, or urine was .16 or 12 more based on the definition of blood, breath, or urine 13 units in Section 11-501.2 or that person is convicted of 14 violating Section 11-501 of the Illinois Vehicle Code 15 while transporting a child under the age of 16: 16 (A) For a first violation of subsection (a) of 17 Section 11-501, in addition to any other penalty 18 that may be imposed under subsection (c) of Section 19 11-501: a mandatory minimum of 100 hours of 20 community service and a minimum fine of $500. 21 (B) For a second violation of subsection (a) 22 of Section 11-501, in addition to any other penalty 23 that may be imposed under subsection (c) of Section 24 11-501 within 10 years: a mandatory minimum of 2 25 days of imprisonment and a minimum fine of $1,250. 26 (C) For a third violation of subsection (a) of 27 Section 11-501, in addition to any other penalty 28 that may be imposed under subsection (c) of Section 29 11-501 within 20 years: a mandatory minimum of 90 30 days of imprisonment and a minimum fine of $2,500. 31 (D) For a fourth or subsequent violation of 32 subsection (a) of Section 11-501: ineligibility for 33 a sentence of probation or conditional discharge and 34 a minimum fine of $2,500. -9- LRB9214587RCcs 1 (d) In any case in which a sentence originally imposed 2 is vacated, the case shall be remanded to the trial court. 3 The trial court shall hold a hearing under Section 5-4-1 of 4 the Unified Code of Corrections which may include evidence of 5 the defendant's life, moral character and occupation during 6 the time since the original sentence was passed. The trial 7 court shall then impose sentence upon the defendant. The 8 trial court may impose any sentence which could have been 9 imposed at the original trial subject to Section 5-5-4 of the 10 Unified Code of Corrections. If a sentence is vacated on 11 appeal or on collateral attack due to the failure of the 12 trier of fact at trial to determine beyond a reasonable doubt 13 the existence of a fact (other than a prior conviction) 14 necessary to increase the punishment for the offense beyond 15 the statutory maximum otherwise applicable, either the 16 defendant may be re-sentenced to a term within the range 17 otherwise provided or, if the State files notice of its 18 intention to again seek the extended sentence, the defendant 19 shall be afforded a new trial. 20 (e) In cases where prosecution for criminal sexual 21 assault or aggravated criminal sexual abuse under Section 22 12-13 or 12-16 of the Criminal Code of 1961 results in 23 conviction of a defendant who was a family member of the 24 victim at the time of the commission of the offense, the 25 court shall consider the safety and welfare of the victim and 26 may impose a sentence of probation only where: 27 (1) the court finds (A) or (B) or both are 28 appropriate: 29 (A) the defendant is willing to undergo a 30 court approved counseling program for a minimum 31 duration of 2 years; or 32 (B) the defendant is willing to participate in 33 a court approved plan including but not limited to 34 the defendant's: -10- LRB9214587RCcs 1 (i) removal from the household; 2 (ii) restricted contact with the victim; 3 (iii) continued financial support of the 4 family; 5 (iv) restitution for harm done to the 6 victim; and 7 (v) compliance with any other measures 8 that the court may deem appropriate; and 9 (2) the court orders the defendant to pay for the 10 victim's counseling services, to the extent that the 11 court finds, after considering the defendant's income and 12 assets, that the defendant is financially capable of 13 paying for such services, if the victim was under 18 14 years of age at the time the offense was committed and 15 requires counseling as a result of the offense. 16 Probation may be revoked or modified pursuant to Section 17 5-6-4; except where the court determines at the hearing that 18 the defendant violated a condition of his or her probation 19 restricting contact with the victim or other family members 20 or commits another offense with the victim or other family 21 members, the court shall revoke the defendant's probation and 22 impose a term of imprisonment. 23 For the purposes of this Section, "family member" and 24 "victim" shall have the meanings ascribed to them in Section 25 12-12 of the Criminal Code of 1961. 26 (f) This Article shall not deprive a court in other 27 proceedings to order a forfeiture of property, to suspend or 28 cancel a license, to remove a person from office, or to 29 impose any other civil penalty. 30 (g) Whenever a defendant is convicted of an offense 31 under Sections 11-14, 11-15, 11-15.1, 11-16, 11-17, 11-18, 32 11-18.1, 11-19, 11-19.1, 11-19.2, 12-13, 12-14, 12-14.1, 33 12-15 or 12-16 of the Criminal Code of 1961, the defendant 34 shall undergo medical testing to determine whether the -11- LRB9214587RCcs 1 defendant has any sexually transmissible disease, including a 2 test for infection with human immunodeficiency virus (HIV) or 3 any other identified causative agent of acquired 4 immunodeficiency syndrome (AIDS). Any such medical test 5 shall be performed only by appropriately licensed medical 6 practitioners and may include an analysis of any bodily 7 fluids as well as an examination of the defendant's person. 8 Except as otherwise provided by law, the results of such test 9 shall be kept strictly confidential by all medical personnel 10 involved in the testing and must be personally delivered in a 11 sealed envelope to the judge of the court in which the 12 conviction was entered for the judge's inspection in camera. 13 Acting in accordance with the best interests of the victim 14 and the public, the judge shall have the discretion to 15 determine to whom, if anyone, the results of the testing may 16 be revealed. The court shall notify the defendant of the test 17 results. The court shall also notify the victim if requested 18 by the victim, and if the victim is under the age of 15 and 19 if requested by the victim's parents or legal guardian, the 20 court shall notify the victim's parents or legal guardian of 21 the test results. The court shall provide information on the 22 availability of HIV testing and counseling at Department of 23 Public Health facilities to all parties to whom the results 24 of the testing are revealed and shall direct the State's 25 Attorney to provide the information to the victim when 26 possible. A State's Attorney may petition the court to obtain 27 the results of any HIV test administered under this Section, 28 and the court shall grant the disclosure if the State's 29 Attorney shows it is relevant in order to prosecute a charge 30 of criminal transmission of HIV under Section 12-16.2 of the 31 Criminal Code of 1961 against the defendant. The court shall 32 order that the cost of any such test shall be paid by the 33 county and may be taxed as costs against the convicted 34 defendant. -12- LRB9214587RCcs 1 (g-5) When an inmate is tested for an airborne 2 communicable disease, as determined by the Illinois 3 Department of Public Health including but not limited to 4 tuberculosis, the results of the test shall be personally 5 delivered by the warden or his or her designee in a sealed 6 envelope to the judge of the court in which the inmate must 7 appear for the judge's inspection in camera if requested by 8 the judge. Acting in accordance with the best interests of 9 those in the courtroom, the judge shall have the discretion 10 to determine what if any precautions need to be taken to 11 prevent transmission of the disease in the courtroom. 12 (h) Whenever a defendant is convicted of an offense 13 under Section 1 or 2 of the Hypodermic Syringes and Needles 14 Act, the defendant shall undergo medical testing to determine 15 whether the defendant has been exposed to human 16 immunodeficiency virus (HIV) or any other identified 17 causative agent of acquired immunodeficiency syndrome (AIDS). 18 Except as otherwise provided by law, the results of such test 19 shall be kept strictly confidential by all medical personnel 20 involved in the testing and must be personally delivered in a 21 sealed envelope to the judge of the court in which the 22 conviction was entered for the judge's inspection in camera. 23 Acting in accordance with the best interests of the public, 24 the judge shall have the discretion to determine to whom, if 25 anyone, the results of the testing may be revealed. The court 26 shall notify the defendant of a positive test showing an 27 infection with the human immunodeficiency virus (HIV). The 28 court shall provide information on the availability of HIV 29 testing and counseling at Department of Public Health 30 facilities to all parties to whom the results of the testing 31 are revealed and shall direct the State's Attorney to provide 32 the information to the victim when possible. A State's 33 Attorney may petition the court to obtain the results of any 34 HIV test administered under this Section, and the court -13- LRB9214587RCcs 1 shall grant the disclosure if the State's Attorney shows it 2 is relevant in order to prosecute a charge of criminal 3 transmission of HIV under Section 12-16.2 of the Criminal 4 Code of 1961 against the defendant. The court shall order 5 that the cost of any such test shall be paid by the county 6 and may be taxed as costs against the convicted defendant. 7 (i) All fines and penalties imposed under this Section 8 for any violation of Chapters 3, 4, 6, and 11 of the Illinois 9 Vehicle Code, or a similar provision of a local ordinance, 10 and any violation of the Child Passenger Protection Act, or a 11 similar provision of a local ordinance, shall be collected 12 and disbursed by the circuit clerk as provided under Section 13 27.5 of the Clerks of Courts Act. 14 (j) In cases when prosecution for any violation of 15 Section 11-6, 11-8, 11-9, 11-11, 11-14, 11-15, 11-15.1, 16 11-16, 11-17, 11-17.1, 11-18, 11-18.1, 11-19, 11-19.1, 17 11-19.2, 11-20.1, 11-21, 12-13, 12-14, 12-14.1, 12-15, or 18 12-16 of the Criminal Code of 1961, any violation of the 19 Illinois Controlled Substances Act, or any violation of the 20 Cannabis Control Act results in conviction, a disposition of 21 court supervision, or an order of probation granted under 22 Section 10 of the Cannabis Control Act or Section 410 of the 23 Illinois Controlled Substance Act of a defendant, the court 24 shall determine whether the defendant is employed by a 25 facility or center as defined under the Child Care Act of 26 1969, a public or private elementary or secondary school, or 27 otherwise works with children under 18 years of age on a 28 daily basis. When a defendant is so employed, the court 29 shall order the Clerk of the Court to send a copy of the 30 judgment of conviction or order of supervision or probation 31 to the defendant's employer by certified mail. If the 32 employer of the defendant is a school, the Clerk of the Court 33 shall direct the mailing of a copy of the judgment of 34 conviction or order of supervision or probation to the -14- LRB9214587RCcs 1 appropriate regional superintendent of schools. The regional 2 superintendent of schools shall notify the State Board of 3 Education of any notification under this subsection. 4 (j-5) A defendant at least 17 years of age who is 5 convicted of a felony and who has not been previously 6 convicted of a misdemeanor or felony and who is sentenced to 7 a term of imprisonment in the Illinois Department of 8 Corrections shall as a condition of his or her sentence be 9 required by the court to attend educational courses designed 10 to prepare the defendant for a high school diploma and to 11 work toward a high school diploma or to work toward passing 12 the high school level Test of General Educational Development 13 (GED) or to work toward completing a vocational training 14 program offered by the Department of Corrections. If a 15 defendant fails to complete the educational training required 16 by his or her sentence during the term of incarceration, the 17 Prisoner Review Board shall, as a condition of mandatory 18 supervised release, require the defendant, at his or her own 19 expense, to pursue a course of study toward a high school 20 diploma or passage of the GED test. The Prisoner Review 21 Board shall revoke the mandatory supervised release of a 22 defendant who wilfully fails to comply with this subsection 23 (j-5) upon his or her release from confinement in a penal 24 institution while serving a mandatory supervised release 25 term; however, the inability of the defendant after making a 26 good faith effort to obtain financial aid or pay for the 27 educational training shall not be deemed a wilful failure to 28 comply. The Prisoner Review Board shall recommit the 29 defendant whose mandatory supervised release term has been 30 revoked under this subsection (j-5) as provided in Section 31 3-3-9. This subsection (j-5) does not apply to a defendant 32 who has a high school diploma or has successfully passed the 33 GED test. This subsection (j-5) does not apply to a defendant 34 who is determined by the court to be developmentally disabled -15- LRB9214587RCcs 1 or otherwise mentally incapable of completing the educational 2 or vocational program. 3 (k) A court may not impose a sentence or disposition for 4 a felony or misdemeanor that requires the defendant to be 5 implanted or injected with or to use any form of birth 6 control. 7 (l) (A) Except as provided in paragraph (C) of 8 subsection (l), whenever a defendant, who is an alien as 9 defined by the Immigration and Nationality Act, is 10 convicted of any felony or misdemeanor offense, the court 11 after sentencing the defendant may, upon motion of the 12 State's Attorney, hold sentence in abeyance and remand 13 the defendant to the custody of the Attorney General of 14 the United States or his or her designated agent to be 15 deported when: 16 (1) a final order of deportation has been 17 issued against the defendant pursuant to proceedings 18 under the Immigration and Nationality Act, and 19 (2) the deportation of the defendant would not 20 deprecate the seriousness of the defendant's conduct 21 and would not be inconsistent with the ends of 22 justice. 23 Otherwise, the defendant shall be sentenced as 24 provided in this Chapter V. 25 (B) If the defendant has already been sentenced for 26 a felony or misdemeanor offense, or has been placed on 27 probation under Section 10 of the Cannabis Control Act or 28 Section 410 of the Illinois Controlled Substances Act, 29 the court may, upon motion of the State's Attorney to 30 suspend the sentence imposed, commit the defendant to the 31 custody of the Attorney General of the United States or 32 his or her designated agent when: 33 (1) a final order of deportation has been 34 issued against the defendant pursuant to proceedings -16- LRB9214587RCcs 1 under the Immigration and Nationality Act, and 2 (2) the deportation of the defendant would not 3 deprecate the seriousness of the defendant's conduct 4 and would not be inconsistent with the ends of 5 justice. 6 (C) This subsection (l) does not apply to offenders 7 who are subject to the provisions of paragraph (2) of 8 subsection (a) of Section 3-6-3. 9 (D) Upon motion of the State's Attorney, if a 10 defendant sentenced under this Section returns to the 11 jurisdiction of the United States, the defendant shall be 12 recommitted to the custody of the county from which he or 13 she was sentenced. Thereafter, the defendant shall be 14 brought before the sentencing court, which may impose any 15 sentence that was available under Section 5-5-3 at the 16 time of initial sentencing. In addition, the defendant 17 shall not be eligible for additional good conduct credit 18 for meritorious service as provided under Section 3-6-6. 19 (m) A person convicted of criminal defacement of 20 property under Section 21-1.3 of the Criminal Code of 1961, 21 in which the property damage exceeds $300 and the property 22 damaged is a school building, shall be ordered to perform 23 community service that may include cleanup, removal, or 24 painting over the defacement. 25 (Source: P.A. 91-357, eff. 7-29-99; 91-404, eff. 1-1-00; 26 91-663, eff. 12-22-99; 91-695, eff. 4-13-00; 91-953, eff. 27 2-23-01; 92-183, eff. 7-27-01; 92-248, eff. 8-3-01; 92-283, 28 eff. 1-1-02; 92-340, eff. 8-10-01; 92-418, eff. 8-17-01; 29 92-422, eff. 8-17-01; revised 8-28-01.)