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| [ Introduced ] | [ Engrossed ] | [ Senate Amendment 001 ] |
92_SB0660enr SB660 Enrolled 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 10. The Unified Code of Corrections is amended 5 by 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 SB660 Enrolled -2- LRB9205081ARsb 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 SB660 Enrolled -3- LRB9205081ARsb 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 SB660 Enrolled -4- LRB9205081ARsb 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. SB660 Enrolled -5- LRB9205081ARsb 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 48 consecutive hours or 100 hours of community service as 5 may be determined by the court shall be imposed for a 6 second or subsequent violation committed within 5 years 7 of a previous violation of Section 11-501 of the Illinois 8 Vehicle Code or a similar provision of a local ordinance. 9 (4) A minimum term of imprisonment of not less than 10 7 consecutive days or 30 days of community service shall 11 be imposed for a violation of paragraph (c) of Section 12 6-303 of the Illinois Vehicle Code. 13 (4.1) A minimum term of 30 consecutive days of 14 imprisonment, 40 days of 24 hour periodic imprisonment or 15 720 hours of community service, as may be determined by 16 the court, shall be imposed for a violation of Section 17 11-501 of the Illinois Vehicle Code during a period in 18 which the defendant's driving privileges are revoked or 19 suspended, where the revocation or suspension was for a 20 violation of Section 11-501 or Section 11-501.1 of that 21 Code. 22 (5) The court may sentence an offender convicted of 23 a business offense or a petty offense or a corporation or 24 unincorporated association convicted of any offense to: 25 (A) a period of conditional discharge; 26 (B) a fine; 27 (C) make restitution to the victim under 28 Section 5-5-6 of this Code. 29 (6) In no case shall an offender be eligible for a 30 disposition of probation or conditional discharge for a 31 Class 1 felony committed while he was serving a term of 32 probation or conditional discharge for a felony. 33 (7) When a defendant is adjudged a habitual 34 criminal under Article 33B of the Criminal Code of 1961, SB660 Enrolled -6- LRB9205081ARsb 1 the court shall sentence the defendant to a term of 2 natural life imprisonment. 3 (8) When a defendant, over the age of 21 years, is 4 convicted of a Class 1 or Class 2 felony, after having 5 twice been convicted of any Class 2 or greater Class 6 felonies in Illinois, and such charges are separately 7 brought and tried and arise out of different series of 8 acts, such defendant shall be sentenced as a Class X 9 offender. This paragraph shall not apply unless (1) the 10 first felony was committed after the effective date of 11 this amendatory Act of 1977; and (2) the second felony 12 was committed after conviction on the first; and (3) the 13 third felony was committed after conviction on the 14 second. 15 (9) A defendant convicted of a second or subsequent 16 offense of ritualized abuse of a child may be sentenced 17 to a term of natural life imprisonment. 18 (d) In any case in which a sentence originally imposed 19 is vacated, the case shall be remanded to the trial court. 20 The trial court shall hold a hearing under Section 5-4-1 of 21 the Unified Code of Corrections which may include evidence of 22 the defendant's life, moral character and occupation during 23 the time since the original sentence was passed. The trial 24 court shall then impose sentence upon the defendant. The 25 trial court may impose any sentence which could have been 26 imposed at the original trial subject to Section 5-5-4 of the 27 Unified Code of Corrections. 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: SB660 Enrolled -7- LRB9205081ARsb 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 SB660 Enrolled -8- LRB9205081ARsb 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 SB660 Enrolled -9- LRB9205081ARsb 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 SB660 Enrolled -10- LRB9205081ARsb 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 SB660 Enrolled -11- LRB9205081ARsb 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 SB660 Enrolled -12- LRB9205081ARsb 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 SB660 Enrolled -13- LRB9205081ARsb 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. 90-14, eff. 7-1-97; 90-68, eff. 7-8-97; 90-680, 34 eff. 1-1-99; 90-685, eff. 1-1-99; 90-787, eff. 8-14-98; SB660 Enrolled -14- LRB9205081ARsb 1 91-357, eff. 7-29-99; 91-404, eff. 1-1-00; 91-663, eff. 2 12-22-99; 91-695, eff. 4-13-00.) 3 Section 99. Effective date. This Act takes effect upon 4 becoming law.