State of Illinois
92nd General Assembly
Legislation

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[ Engrossed ][ Enrolled ][ Senate Amendment 001 ]


92_SB0660

 
                                               LRB9205081ARsb

 1        AN ACT concerning 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 Section 11-501 as follows:

 6        (625 ILCS 5/11-501) (from Ch. 95 1/2, par. 11-501)
 7        Sec.  11-501.   Driving  while  under  the  influence  of
 8    alcohol,  other  drug  or  drugs,  intoxicating  compound  or
 9    compounds or any combination thereof.
10        (a)  A  person  shall  not drive or be in actual physical
11    control of any vehicle within this State while:
12             (1)  the alcohol concentration in the person's blood
13        or breath is 0.08 or more  based  on  the  definition  of
14        blood and breath units in Section 11-501.2;
15             (2)  under the influence of alcohol;
16             (3)  under   the   influence   of  any  intoxicating
17        compound or combination of intoxicating  compounds  to  a
18        degree  that  renders  the  person  incapable  of driving
19        safely;
20             (4)  under  the  influence  of  any  other  drug  or
21        combination of drugs to a degree that renders the  person
22        incapable of safely driving;
23             (5)  under  the combined influence of alcohol, other
24        drug or drugs, or intoxicating compound or compounds to a
25        degree  that  renders  the  person  incapable  of  safely
26        driving; or
27             (6)  there is any amount of a  drug,  substance,  or
28        compound   in   the  person's  breath,  blood,  or  urine
29        resulting  from  the  unlawful  use  or  consumption   of
30        cannabis listed in the Cannabis Control Act, a controlled
31        substance  listed  in  the Illinois Controlled Substances
 
                            -2-                LRB9205081ARsb
 1        Act, or an intoxicating compound listed  in  the  Use  of
 2        Intoxicating Compounds Act.
 3        (b)  The fact that any person charged with violating this
 4    Section is or has been legally entitled to use alcohol, other
 5    drug  or drugs, or intoxicating compound or compounds, or any
 6    combination thereof,  shall not constitute a defense  against
 7    any charge of violating this Section.
 8        (c)  Except as provided under paragraphs (c-3) and (d) of
 9    this  Section,  every  person  convicted  of  violating  this
10    Section or a similar provision of a local ordinance, shall be
11    guilty of a Class A misdemeanor and, in addition to any other
12    criminal  or administrative action, for any second conviction
13    of violating this Section or a similar provision of a law  of
14    another  state or local ordinance committed within 5 years of
15    a previous violation of this Section or a  similar  provision
16    of  a  local  ordinance  shall  be mandatorily sentenced to a
17    minimum of 48 consecutive hours of imprisonment  or  assigned
18    to  a  minimum  of  100  hours of community service as may be
19    determined by the court.  Every person convicted of violating
20    this Section or a similar  provision  of  a  local  ordinance
21    shall  be  subject  to a mandatory minimum fine of $500 and a
22    mandatory 5 days of community service in a program benefiting
23    children if the person committed a violation of paragraph (a)
24    or  a  similar  provision  of   a   local   ordinance   while
25    transporting a person under age 16.  Every person convicted a
26    second time for violating this Section or a similar provision
27    of  a  local ordinance within 5 years of a previous violation
28    of this Section or a similar provision of a  law  of  another
29    state  or  local  ordinance  shall  be subject to a mandatory
30    minimum fine of $500  and  10  days  of  mandatory  community
31    service  in  a  program  benefiting  children  if the current
32    offense was committed while transporting a person  under  age
33    16.   The  imprisonment  or  assignment under this subsection
34    shall not be subject to suspension nor shall  the  person  be
 
                            -3-                LRB9205081ARsb
 1    eligible  for  probation  in  order to reduce the sentence or
 2    assignment.
 3        (c-1) (1)  A person who violates this  Section  during  a
 4        period in which his or her driving privileges are revoked
 5        or  suspended, where the revocation or suspension was for
 6        a violation of this Section, Section 11-501.1,  paragraph
 7        (b)  of  Section  11-401,  or Section 9-3 of the Criminal
 8        Code of 1961 is guilty of a Class 4 felony.
 9             (2)  A person who violates this Section a third time
10        during a period in which his or  her  driving  privileges
11        are   revoked   or  suspended  where  the  revocation  or
12        suspension was for a violation of this  Section,  Section
13        11-501.1, paragraph (b) of Section 11-401, or Section 9-3
14        of  the  Criminal  Code  of  1961  is guilty of a Class 3
15        felony.
16             (3)  A person who violates this Section a fourth  or
17        subsequent  time  during  a  period  in  which his or her
18        driving privileges are revoked  or  suspended  where  the
19        revocation  or  suspension  was  for  a violation of this
20        Section,  Section  11-501.1,  paragraph  (b)  of  Section
21        11-401, or Section 9-3 of the Criminal Code  of  1961  is
22        guilty of a Class 1 2 felony.
23        (c-2)  (Blank).
24        (c-3)  Every  person  convicted of violating this Section
25    or a similar provision of a local ordinance who had  a  child
26    under  age 16 in the vehicle at the time of the offense shall
27    have his or her punishment under this Act enhanced by 2  days
28    of  imprisonment for a first offense, 10 days of imprisonment
29    for a second offense, 30 days of  imprisonment  for  a  third
30    offense,  and  90  days  of  imprisonment  for  a  fourth  or
31    subsequent  offense,  in  addition  to the fine and community
32    service  required  under  subsection  (c)  and  the  possible
33    imprisonment required under subsection (d).  The imprisonment
34    or assignment under this subsection shall not be  subject  to
 
                            -4-                LRB9205081ARsb
 1    suspension  nor shall the person be eligible for probation in
 2    order to reduce the sentence or assignment.
 3        (d) (1)  Every person convicted of committing a violation
 4    of this Section shall be guilty of aggravated  driving  under
 5    the   influence   of   alcohol,   other  drug  or  drugs,  or
 6    intoxicating  compound  or  compounds,  or  any   combination
 7    thereof if:
 8             (A)  the   person  committed  a  violation  of  this
 9        Section, or a similar provision of a law of another state
10        or a local ordinance when the cause of action is the same
11        as or substantially similar  to  this  Section,  for  the
12        third or subsequent time;
13             (B)  the  person  committed a violation of paragraph
14        (a) while driving a school bus with children on board;
15             (C)  the  person  in  committing  a   violation   of
16        paragraph  (a)  was  involved in a motor vehicle accident
17        that  resulted  in  great  bodily   harm   or   permanent
18        disability   or   disfigurement   to  another,  when  the
19        violation was a proximate cause of the injuries; or
20             (D)  the person committed a violation  of  paragraph
21        (a)  for  a second time and has been previously convicted
22        of violating Section 9-3 of the  Criminal  Code  of  1961
23        relating  to  reckless  homicide  in which the person was
24        determined to have been under the influence  of  alcohol,
25        other   drug   or  drugs,  or  intoxicating  compound  or
26        compounds as an element of the offense or the person  has
27        previously  been convicted under subparagraph (C) of this
28        paragraph (1).
29        (2)  Aggravated driving under the influence  of  alcohol,
30    other  drug  or drugs, or intoxicating compound or compounds,
31    or any combination thereof is a Class 4 felony  for  which  a
32    person,  if  sentenced  to  a  term of imprisonment, shall be
33    sentenced to not less than one year and not more than 3 years
34    for a violation of subparagraph (A), (B) or (D) of  paragraph
 
                            -5-                LRB9205081ARsb
 1    (1) of this subsection (d) and not less than one year and not
 2    more  than  12  years  for a violation of subparagraph (C) of
 3    paragraph (1) of this subsection  (d).  For  any  prosecution
 4    under  this  subsection  (d), a certified copy of the driving
 5    abstract of the defendant shall be admitted as proof  of  any
 6    prior conviction.
 7        (e)  After  a  finding  of  guilt  and prior to any final
 8    sentencing, or an order for supervision, for an offense based
 9    upon an arrest for a violation of this Section or  a  similar
10    provision of a local ordinance, individuals shall be required
11    to  undergo  a  professional  evaluation  to  determine if an
12    alcohol, drug, or intoxicating compound abuse problem  exists
13    and  the  extent  of  the problem.  Programs conducting these
14    evaluations shall be licensed  by  the  Department  of  Human
15    Services.   The  cost of any professional evaluation shall be
16    paid  for  by  the  individual  required   to   undergo   the
17    professional evaluation.
18        (f)  Every person found guilty of violating this Section,
19    whose operation of a motor vehicle while in violation of this
20    Section  proximately  caused  any  incident  resulting  in an
21    appropriate emergency  response,  shall  be  liable  for  the
22    expense  of  an  emergency response as provided under Section
23    5-5-3 of the Unified Code of Corrections.
24        (g)  The Secretary of  State  shall  revoke  the  driving
25    privileges  of  any  person convicted under this Section or a
26    similar provision of a local ordinance.
27        (h)  Every person sentenced under subsection (d) of  this
28    Section  and  who receives a term of probation or conditional
29    discharge shall be required to serve a minimum term of either
30    30 days community service or,  beginning  July  1,  1993,  48
31    consecutive  hours  of  imprisonment  as  a  condition of the
32    probation or conditional discharge.  This  mandatory  minimum
33    term of imprisonment or assignment of community service shall
34    not be suspended and shall not be subject to reduction by the
 
                            -6-                LRB9205081ARsb
 1    court.
 2        (i)  The  Secretary  of  State may use ignition interlock
 3    device  requirements  when   granting   driving   relief   to
 4    individuals who have been arrested for a second or subsequent
 5    offense  of  this  Section  or a similar provision of a local
 6    ordinance.   The  Secretary  shall  establish  by  rule   and
 7    regulation the procedures for use of the interlock system.
 8        (j)  In  addition to any other penalties and liabilities,
 9    a person who is found guilty of or pleads guilty to violating
10    this  Section,  including  any   person   placed   on   court
11    supervision  for violating this Section, shall be fined $100,
12    payable to the circuit clerk, who shall distribute the  money
13    to  the  law enforcement agency that made the arrest.  In the
14    event that more  than  one  agency  is  responsible  for  the
15    arrest,  the  $100  shall  be  shared  equally.   Any  moneys
16    received  by  a  law enforcement agency under this subsection
17    (j) shall be used to purchase law enforcement equipment  that
18    will  assist  in  the  prevention of alcohol related criminal
19    violence throughout the State.  This shall  include,  but  is
20    not  limited  to, in-car video cameras, radar and laser speed
21    detection devices, and alcohol  breath  testers.  Any  moneys
22    received  by  the  Department  of  State  Police  under  this
23    subsection  (j)  shall be deposited into the State Police DUI
24    Fund and shall be used to purchase law enforcement  equipment
25    that  will  assist  in  the  prevention  of  alcohol  related
26    criminal violence throughout the State.
27    (Source: P.A.  90-43,  eff.  7-2-97;  90-400,  eff.  8-15-97;
28    90-611,  eff.  1-1-99;  90-655,  eff.  7-30-98;  90-738, eff.
29    1-1-99; 90-779, eff. 1-1-99; 91-126,  eff.  7-16-99;  91-357,
30    eff. 7-29-99; 91-692, eff. 4-13-00; 91-822, eff. 6-13-00.)

31        Section  10.   The Unified Code of Corrections is amended
32    by changing Section 5-5-3 as follows:
 
                            -7-                LRB9205081ARsb
 1        (730 ILCS 5/5-5-3) (from Ch. 38, par. 1005-5-3)
 2        Sec. 5-5-3.  Disposition.
 3        (a)  Every  person  convicted  of  an  offense  shall  be
 4    sentenced as provided in this Section.
 5        (b)  The   following   options   shall   be   appropriate
 6    dispositions, alone or in combination, for all  felonies  and
 7    misdemeanors other than those identified in subsection (c) of
 8    this Section:
 9             (1)  A period of probation.
10             (2)  A term of periodic imprisonment.
11             (3)  A term of conditional discharge.
12             (4)  A term of imprisonment.
13             (5)  An order directing the offender to clean up and
14        repair  the  damage,  if the offender was convicted under
15        paragraph (h) of Section 21-1 of  the  Criminal  Code  of
16        1961.
17             (6)  A fine.
18             (7)  An   order   directing  the  offender  to  make
19        restitution to the victim under  Section  5-5-6  of  this
20        Code.
21             (8)  A  sentence of participation in a county impact
22        incarceration program under Section 5-8-1.2 of this Code.
23        Whenever an individual is sentenced for an offense  based
24    upon  an  arrest  for  a  violation  of Section 11-501 of the
25    Illinois Vehicle Code, or a  similar  provision  of  a  local
26    ordinance,   and   the   professional  evaluation  recommends
27    remedial or rehabilitative treatment  or  education,  neither
28    the treatment nor the education shall be the sole disposition
29    and  either  or  both may be imposed only in conjunction with
30    another disposition. The court shall monitor compliance  with
31    any remedial education or treatment recommendations contained
32    in  the professional evaluation.  Programs conducting alcohol
33    or other  drug  evaluation  or  remedial  education  must  be
34    licensed  by  the  Department of Human Services.  However, if
 
                            -8-                LRB9205081ARsb
 1    the individual is not a resident of Illinois, the  court  may
 2    accept  an  alcohol  or  other  drug  evaluation  or remedial
 3    education  program  in  the  state   of   such   individual's
 4    residence.   Programs  providing  treatment  must be licensed
 5    under  existing  applicable  alcoholism  and  drug  treatment
 6    licensure standards.
 7        In addition to any other fine or penalty required by law,
 8    any individual convicted of a violation of Section 11-501  of
 9    the  Illinois  Vehicle  Code  or a similar provision of local
10    ordinance, whose  operation  of  a  motor  vehicle  while  in
11    violation  of  Section  11-501  or such ordinance proximately
12    caused an incident  resulting  in  an  appropriate  emergency
13    response,  shall  be required to make restitution to a public
14    agency for  the  costs  of  that  emergency  response.   Such
15    restitution  shall not exceed $500 per public agency for each
16    such emergency response.  For the purpose of this  paragraph,
17    emergency  response  shall  mean  any  incident  requiring  a
18    response  by: a police officer as defined under Section 1-162
19    of the Illinois Vehicle Code; a fireman carried on the  rolls
20    of  a regularly constituted fire department; and an ambulance
21    as defined  under  Section  4.05  of  the  Emergency  Medical
22    Services (EMS) Systems Act.
23        Neither   a  fine  nor  restitution  shall  be  the  sole
24    disposition for a felony and either or both  may  be  imposed
25    only in conjunction with another disposition.
26        (c) (1)  When a defendant is found guilty of first degree
27        murder   the   State   may  either  seek  a  sentence  of
28        imprisonment under Section 5-8-1 of this Code,  or  where
29        appropriate seek a sentence of death under Section 9-1 of
30        the Criminal Code of 1961.
31             (2)  A  period  of  probation,  a  term  of periodic
32        imprisonment  or  conditional  discharge  shall  not   be
33        imposed  for  the  following  offenses.  The  court shall
34        sentence the offender to not less than the  minimum  term
 
                            -9-                LRB9205081ARsb
 1        of  imprisonment set forth in this Code for the following
 2        offenses, and may order a fine or restitution or both  in
 3        conjunction with such term of imprisonment:
 4                  (A)  First   degree   murder  where  the  death
 5             penalty is not imposed.
 6                  (B)  Attempted first degree murder.
 7                  (C)  A Class X felony.
 8                  (D)  A violation of Section 401.1 or 407 of the
 9             Illinois Controlled Substances Act, or  a  violation
10             of  subdivision  (c)(2)  of  Section 401 of that Act
11             which relates to more than 5 grams  of  a  substance
12             containing cocaine or an analog thereof.
13                  (E)  A  violation  of  Section  5.1 or 9 of the
14             Cannabis Control Act.
15                  (F)  A  Class  2  or  greater  felony  if   the
16             offender  had been convicted of a Class 2 or greater
17             felony within 10 years of  the  date  on  which  the
18             offender  committed  the offense for which he or she
19             is being sentenced, except as otherwise provided  in
20             Section 40-10 of the Alcoholism and Other Drug Abuse
21             and Dependency Act.
22                  (G)  Residential  burglary, except as otherwise
23             provided in Section  40-10  of  the  Alcoholism  and
24             Other Drug Abuse and Dependency Act.
25                  (H)  Criminal   sexual   assault,   except   as
26             otherwise   provided   in  subsection  (e)  of  this
27             Section.
28                  (I)  Aggravated battery of a senior citizen.
29                  (J)  A  forcible  felony  if  the  offense  was
30             related to the activities of an organized gang.
31                  Before July 1, 1994, for the purposes  of  this
32             paragraph,  "organized gang" means an association of
33             5 or more persons, with  an  established  hierarchy,
34             that   encourages  members  of  the  association  to
 
                            -10-               LRB9205081ARsb
 1             perpetrate crimes or provides support to the members
 2             of the association who do commit crimes.
 3                  Beginning July 1, 1994,  for  the  purposes  of
 4             this  paragraph,  "organized  gang"  has the meaning
 5             ascribed  to  it  in  Section  10  of  the  Illinois
 6             Streetgang Terrorism Omnibus Prevention Act.
 7                  (K)  Vehicular hijacking.
 8                  (L)  A second or subsequent conviction for  the
 9             offense  of  hate  crime when the underlying offense
10             upon  which  the  hate  crime  is  based  is  felony
11             aggravated assault or felony mob action.
12                  (M)  A second or subsequent conviction for  the
13             offense  of institutional vandalism if the damage to
14             the property exceeds $300.
15                  (N)  A Class 3 felony  violation  of  paragraph
16             (1)  of  subsection  (a) of Section 2 of the Firearm
17             Owners Identification Card Act.
18                  (O)  A  violation  of  Section  12-6.1  of  the
19             Criminal Code of 1961.
20                  (P)  A violation of paragraph  (1),  (2),  (3),
21             (4),  (5),  or  (7)  of  subsection  (a)  of Section
22             11-20.1 of the Criminal Code of 1961.
23                  (Q)  A  violation  of  Section  20-1.2  of  the
24             Criminal Code of 1961.
25                  (R)  A  violation  of  Section  24-3A  of   the
26             Criminal Code of 1961.
27                  (S)  A  violation  of Section 11-501(c-1)(3) of
28             the Illinois Vehicle Code.
29             (3)  A minimum term of imprisonment of not less than
30        48 consecutive hours or 100 hours of community service as
31        may be determined by the court shall  be  imposed  for  a
32        second  or  subsequent violation committed within 5 years
33        of a previous violation of Section 11-501 of the Illinois
34        Vehicle Code or a similar provision of a local ordinance.
 
                            -11-               LRB9205081ARsb
 1             (4)  A minimum term of imprisonment of not less than
 2        7 consecutive days or 30 days of community service  shall
 3        be  imposed  for  a violation of paragraph (c) of Section
 4        6-303 of the Illinois Vehicle Code.
 5             (4.1)  A minimum term  of  30  consecutive  days  of
 6        imprisonment, 40 days of 24 hour periodic imprisonment or
 7        720  hours  of community service, as may be determined by
 8        the court, shall be imposed for a  violation  of  Section
 9        11-501  of  the  Illinois Vehicle Code during a period in
10        which the defendant's driving privileges are  revoked  or
11        suspended,  where  the revocation or suspension was for a
12        violation of Section 11-501 or Section 11-501.1  of  that
13        Code.
14             (5)  The court may sentence an offender convicted of
15        a business offense or a petty offense or a corporation or
16        unincorporated association convicted of any offense to:
17                  (A)  a period of conditional discharge;
18                  (B)  a fine;
19                  (C)  make   restitution  to  the  victim  under
20             Section 5-5-6 of this Code.
21             (6)  In no case shall an offender be eligible for  a
22        disposition  of  probation or conditional discharge for a
23        Class 1 felony committed while he was serving a  term  of
24        probation or conditional discharge for a felony.
25             (7)  When   a   defendant  is  adjudged  a  habitual
26        criminal under Article 33B of the Criminal Code of  1961,
27        the  court  shall  sentence  the  defendant  to a term of
28        natural life imprisonment.
29             (8)  When a defendant, over the age of 21 years,  is
30        convicted  of  a  Class 1 or Class 2 felony, after having
31        twice been convicted of any  Class  2  or  greater  Class
32        felonies  in  Illinois,  and  such charges are separately
33        brought and tried and arise out of  different  series  of
34        acts,  such  defendant  shall  be  sentenced as a Class X
 
                            -12-               LRB9205081ARsb
 1        offender. This paragraph shall not apply unless  (1)  the
 2        first  felony  was  committed after the effective date of
 3        this amendatory Act of 1977; and (2)  the  second  felony
 4        was  committed after conviction on the first; and (3) the
 5        third  felony  was  committed  after  conviction  on  the
 6        second.
 7             (9)  A defendant convicted of a second or subsequent
 8        offense of ritualized abuse of a child may  be  sentenced
 9        to a term of natural life imprisonment.
10        (d)  In  any  case in which a sentence originally imposed
11    is vacated, the case shall be remanded to  the  trial  court.
12    The  trial  court shall hold a hearing under Section 5-4-1 of
13    the Unified Code of Corrections which may include evidence of
14    the defendant's life, moral character and  occupation  during
15    the  time  since the original sentence was passed.  The trial
16    court shall then impose sentence  upon  the  defendant.   The
17    trial  court  may  impose  any sentence which could have been
18    imposed at the original trial subject to Section 5-5-4 of the
19    Unified Code of Corrections.
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:
 
                            -13-               LRB9205081ARsb
 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
 
                            -14-               LRB9205081ARsb
 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.
 
                            -15-               LRB9205081ARsb
 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
 
                            -16-               LRB9205081ARsb
 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
 
                            -17-               LRB9205081ARsb
 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
 
                            -18-               LRB9205081ARsb
 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
 
                            -19-               LRB9205081ARsb
 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. 90-14, eff. 7-1-97; 90-68, eff. 7-8-97; 90-680,
26    eff. 1-1-99;  90-685,  eff.  1-1-99;  90-787,  eff.  8-14-98;
27    91-357,  eff.  7-29-99;  91-404,  eff.  1-1-00;  91-663, eff.
28    12-22-99; 91-695, eff. 4-13-00.)

29        Section 99.  Effective date.  This Act takes effect  upon
30    becoming law.

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