State of Illinois
92nd General Assembly
Legislation

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92_SB1300

 
                                               LRB9208162DHmb

 1        AN ACT in relation to vehicles.

 2        Be  it  enacted  by  the People of the State of Illinois,
 3    represented in the General Assembly:

 4        Section 5.  The  Illinois  Vehicle  Code  is  amended  by
 5    changing Sections 6-206 and 11-907 as follows:

 6        (625 ILCS 5/6-206) (from Ch. 95 1/2, par. 6-206)
 7        Sec. 6-206.  Discretionary authority to suspend or revoke
 8    license or permit; Right to a hearing.
 9        (a)  The  Secretary  of State is authorized to suspend or
10    revoke  the  driving  privileges  of   any   person   without
11    preliminary hearing upon a showing of the person's records or
12    other sufficient evidence that the person:
13             1.  Has  committed  an  offense  for which mandatory
14        revocation of a driver's license or  permit  is  required
15        upon conviction;
16             2.  Has  been  convicted of not less than 3 offenses
17        against traffic regulations  governing  the  movement  of
18        vehicles  committed  within  any  12  month  period.   No
19        revocation  or  suspension  shall  be entered more than 6
20        months after the date of last conviction;
21             3.  Has been repeatedly  involved  as  a  driver  in
22        motor vehicle collisions or has been repeatedly convicted
23        of  offenses  against  laws and ordinances regulating the
24        movement of traffic, to a degree that indicates  lack  of
25        ability  to  exercise ordinary and reasonable care in the
26        safe operation of a motor vehicle or disrespect  for  the
27        traffic  laws  and  the  safety of other persons upon the
28        highway;
29             4.  Has by the unlawful operation of a motor vehicle
30        caused or contributed to an accident resulting  in  death
31        or injury requiring immediate professional treatment in a
 
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 1        medical facility or doctor's office to any person, except
 2        that   any   suspension  or  revocation  imposed  by  the
 3        Secretary  of  State  under  the   provisions   of   this
 4        subsection shall start no later than 6 months after being
 5        convicted  of violating a law or ordinance regulating the
 6        movement of traffic, which violation is  related  to  the
 7        accident, or shall start not more than one year after the
 8        date of the accident, whichever date occurs later;
 9             5.  Has permitted an unlawful or fraudulent use of a
10        driver's license, identification card, or permit;
11             6.  Has  been  lawfully  convicted  of an offense or
12        offenses in another state,  including  the  authorization
13        contained  in  Section 6-203.1, which if committed within
14        this State would be grounds for suspension or revocation;
15             7.  Has  refused  or  failed   to   submit   to   an
16        examination  provided  for by Section 6-207 or has failed
17        to pass the examination;
18             8.  Is ineligible for a driver's license  or  permit
19        under the provisions of Section 6-103;
20             9.  Has   made   a   false  statement  or  knowingly
21        concealed a material fact or has used  false  information
22        or  identification  in  any  application  for  a license,
23        identification card, or permit;
24             10.  Has  possessed,  displayed,  or  attempted   to
25        fraudulently  use  any  license,  identification card, or
26        permit not issued to the person;
27             11.  Has operated a motor vehicle upon a highway  of
28        this   State  when  the  person's  driving  privilege  or
29        privilege to obtain a  driver's  license  or  permit  was
30        revoked  or suspended unless the operation was authorized
31        by a judicial driving  permit,  probationary  license  to
32        drive,  or  a restricted driving permit issued under this
33        Code;
34             12.  Has submitted to any portion of the application
 
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 1        process for another person or has obtained  the  services
 2        of  another  person  to  submit  to  any  portion  of the
 3        application  process  for  the  purpose  of  obtaining  a
 4        license, identification card, or permit  for  some  other
 5        person;
 6             13.  Has  operated a motor vehicle upon a highway of
 7        this State when the person's driver's license  or  permit
 8        was  invalid under the provisions of Sections 6-107.1 and
 9        6-110;
10             14.  Has committed a  violation  of  Section  6-301,
11        6-301.1,  or  6-301.2 of this Act, or Section 14, 14A, or
12        14B of the Illinois Identification Card Act;
13             15.  Has been convicted of violating Section 21-2 of
14        the Criminal Code of 1961 relating to  criminal  trespass
15        to  vehicles  in  which case, the suspension shall be for
16        one year;
17             16.  Has been convicted of violating Section  11-204
18        of this Code relating to fleeing from a police officer;
19             17.  Has  refused  to submit to a test, or tests, as
20        required under Section 11-501.1  of  this  Code  and  the
21        person  has  not  sought  a  hearing  as  provided for in
22        Section 11-501.1;
23             18.  Has, since issuance of a  driver's  license  or
24        permit,  been  adjudged to be afflicted with or suffering
25        from any mental disability or disease;
26             19.  Has committed a violation of paragraph  (a)  or
27        (b)  of  Section  6-101  relating  to  driving  without a
28        driver's license;
29             20.  Has been convicted of violating  Section  6-104
30        relating to classification of driver's license;
31             21.  Has  been convicted of violating Section 11-402
32        of this Code relating to leaving the scene of an accident
33        resulting in damage to a vehicle in excess of $1,000,  in
34        which case the suspension shall be for one year;
 
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 1             22.  Has used a motor vehicle in violating paragraph
 2        (3),  (4),  (7), or (9) of subsection (a) of Section 24-1
 3        of the Criminal Code of 1961 relating to unlawful use  of
 4        weapons,  in  which  case the suspension shall be for one
 5        year;
 6             23.  Has, as a driver, been convicted of  committing
 7        a  violation  of  paragraph (a) of Section 11-502 of this
 8        Code for a second or subsequent time within one year of a
 9        similar violation;
10             24.  Has  been  convicted  by  a  court-martial   or
11        punished   by   non-judicial   punishment   by   military
12        authorities   of   the   United   States  at  a  military
13        installation in Illinois of  or  for  a  traffic  related
14        offense  that  is  the  same  as or similar to an offense
15        specified under Section 6-205 or 6-206 of this Code;
16             25.  Has permitted any form of identification to  be
17        used  by  another  in the application process in order to
18        obtain or attempt to  obtain  a  license,  identification
19        card, or permit;
20             26.  Has  altered or attempted to alter a license or
21        has possessed an altered license, identification card, or
22        permit;
23             27.  Has violated Section 6-16 of the Liquor Control
24        Act of 1934;
25             28.  Has been convicted of the  illegal  possession,
26        while  operating  or  in  actual  physical  control, as a
27        driver, of a motor vehicle, of any  controlled  substance
28        prohibited  under  the Illinois Controlled Substances Act
29        or any cannabis prohibited under the  provisions  of  the
30        Cannabis  Control Act, in which case the person's driving
31        privileges shall be  suspended  for  one  year,  and  any
32        driver  who  is  convicted  of  a  second  or  subsequent
33        offense, within 5 years of a previous conviction, for the
34        illegal possession, while operating or in actual physical
 
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 1        control,  as  a  driver,  of  a  motor  vehicle,  of  any
 2        controlled  substance  prohibited under the provisions of
 3        the Illinois Controlled Substances Act  or  any  cannabis
 4        prohibited  under  the  Cannabis  Control  Act  shall  be
 5        suspended for 5 years. Any defendant found guilty of this
 6        offense  while  operating  a motor vehicle, shall have an
 7        entry made in the court record  by  the  presiding  judge
 8        that  this  offense  did  occur  while  the defendant was
 9        operating a motor vehicle and  order  the  clerk  of  the
10        court to report the violation to the Secretary of State;
11             29.  Has  been  convicted  of the following offenses
12        that were committed while the person was operating or  in
13        actual physical control, as a driver, of a motor vehicle:
14        criminal   sexual   assault,  predatory  criminal  sexual
15        assault of a child, aggravated criminal  sexual  assault,
16        criminal  sexual abuse, aggravated criminal sexual abuse,
17        juvenile pimping, soliciting for  a  juvenile  prostitute
18        and  the  manufacture,  sale  or  delivery  of controlled
19        substances or instruments used for illegal  drug  use  or
20        abuse in which case the driver's driving privileges shall
21        be suspended for one year;
22             30.  Has  been convicted a second or subsequent time
23        for any combination of the offenses named in paragraph 29
24        of this subsection, in which case  the  person's  driving
25        privileges shall be suspended for 5 years;
26             31.  Has  refused to submit to a test as required by
27        Section 11-501.6 or has submitted to a test resulting  in
28        an alcohol concentration of 0.08 or more or any amount of
29        a   drug,  substance,  or  compound  resulting  from  the
30        unlawful use or consumption of cannabis as listed in  the
31        Cannabis  Control Act or a controlled substance as listed
32        in the Illinois Controlled Substances Act in  which  case
33        the penalty shall be as prescribed in Section 6-208.1;
34             32.  Has  been  convicted  of  Section 24-1.2 of the
 
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 1        Criminal  Code  of  1961  relating  to   the   aggravated
 2        discharge  of  a firearm if the offender was located in a
 3        motor vehicle at the time the firearm was discharged,  in
 4        which case the suspension shall be for 3 years;
 5             33.  Has as  a driver, who was less than 21 years of
 6        age  on  the  date of the offense, been convicted a first
 7        time of a violation of paragraph (a) of Section 11-502 of
 8        this Code or a similar provision of a local ordinance;
 9             34.  Has committed a violation of Section  11-1301.5
10        of this Code;
11             35.  Has  committed a violation of Section 11-1301.6
12        of this Code; or
13             36.  Is under the age of 21 years  at  the  time  of
14        arrest  and  has  been    convicted  of  not  less than 2
15        offenses  against  traffic  regulations    governing  the
16        movement  of  vehicles  committed  within  any  24  month
17        period.  No revocation or  suspension  shall  be  entered
18        more  than  6   months after the date of last conviction;
19        or.
20             37.  Has committed a violation of subsection (c)  of
21        Section 11-907 of this Code.
22        For  purposes of paragraphs 5, 9, 10, 12, 14, 19, 25, 26,
23    and  27  of  this  subsection,  license  means  any  driver's
24    license, any traffic ticket issued when the person's driver's
25    license is deposited in lieu of  bail,  a  suspension  notice
26    issued  by  the  Secretary of State, a duplicate or corrected
27    driver's  license,  a  probationary  driver's  license  or  a
28    temporary driver's license.
29        (b)  If any conviction forming the basis of a  suspension
30    or  revocation authorized under this Section is appealed, the
31    Secretary of State may rescind or withhold the entry  of  the
32    order  of  suspension  or  revocation,  as  the  case may be,
33    provided that a certified copy of a stay order of a court  is
34    filed  with  the  Secretary  of  State.  If the conviction is
 
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 1    affirmed on appeal, the date of the conviction  shall  relate
 2    back  to  the  time  the  original judgment of conviction was
 3    entered and the  6  month  limitation  prescribed  shall  not
 4    apply.
 5        (c) 1.  Upon  suspending or revoking the driver's license
 6        or permit of any person as authorized  in  this  Section,
 7        the  Secretary  of  State  shall  immediately  notify the
 8        person in writing of the revocation  or  suspension.  The
 9        notice to be deposited in the United States mail, postage
10        prepaid, to the last known address of the person.
11             2.  If  the Secretary of State suspends the driver's
12        license of a person under subsection 2 of  paragraph  (a)
13        of  this  Section,  a  person's  privilege  to  operate a
14        vehicle as an occupation shall not be suspended, provided
15        an affidavit is properly completed, the  appropriate  fee
16        received, and a permit issued prior to the effective date
17        of  the  suspension, unless 5 offenses were committed, at
18        least 2 of which occurred while  operating  a  commercial
19        vehicle   in   connection   with   the  driver's  regular
20        occupation.  All  other  driving  privileges   shall   be
21        suspended  by the Secretary of State. Any driver prior to
22        operating a vehicle for occupational purposes  only  must
23        submit  the  affidavit  on  forms  to  be provided by the
24        Secretary  of  State  setting  forth  the  facts  of  the
25        person's occupation.  The affidavit shall also state  the
26        number of offenses committed while operating a vehicle in
27        connection  with  the  driver's  regular  occupation. The
28        affidavit shall be accompanied by the  driver's  license.
29        Upon  receipt  of  a  properly  completed  affidavit, the
30        Secretary of State shall issue the  driver  a  permit  to
31        operate a vehicle in connection with the driver's regular
32        occupation  only.  Unless  the  permit  is  issued by the
33        Secretary of State prior to the date of  suspension,  the
34        privilege  to  drive any motor vehicle shall be suspended
 
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 1        as set forth in the notice that  was  mailed  under  this
 2        Section.  If  an  affidavit is received subsequent to the
 3        effective date of this suspension, a permit may be issued
 4        for the remainder of the suspension period.
 5             The provisions of this subparagraph shall not  apply
 6        to  any  driver  required to obtain a commercial driver's
 7        license under  Section  6-507  during  the  period  of  a
 8        disqualification  of  commercial driving privileges under
 9        Section 6-514.
10             Any person  who  falsely  states  any  fact  in  the
11        affidavit  required  herein  shall  be  guilty of perjury
12        under Section 6-302 and  upon  conviction  thereof  shall
13        have  all  driving  privileges  revoked  without  further
14        rights.
15             3.  At  the  conclusion  of  a hearing under Section
16        2-118 of this Code, the Secretary of State  shall  either
17        rescind  or  continue  an  order  of  revocation or shall
18        substitute  an  order  of  suspension;  or,  good   cause
19        appearing  therefor, rescind, continue, change, or extend
20        the order of suspension.  If the Secretary of State  does
21        not   rescind   the   order,   the   Secretary  may  upon
22        application,  to  relieve   undue   hardship,   issue   a
23        restricted  driving  permit  granting  the  privilege  of
24        driving   a   motor   vehicle  between  the  petitioner's
25        residence and petitioner's place of employment or  within
26        the  scope  of his employment related duties, or to allow
27        transportation for the petitioner, or a household  member
28        of  the petitioner's family, to receive necessary medical
29        care  and  if  the  professional  evaluation   indicates,
30        provide    transportation   for   alcohol   remedial   or
31        rehabilitative activity, or for the petitioner to  attend
32        classes,  as  a  student,  in  an  accredited educational
33        institution; if the petitioner  is  able  to  demonstrate
34        that no alternative means of transportation is reasonably
 
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 1        available and the petitioner will not endanger the public
 2        safety or welfare. In each case the Secretary may issue a
 3        restricted   driving   permit   for   a   period   deemed
 4        appropriate,  except that all permits shall expire within
 5        one year from the date of issuance.  A restricted driving
 6        permit issued under this  Section  shall  be  subject  to
 7        cancellation, revocation, and suspension by the Secretary
 8        of  State in like manner and for like cause as a driver's
 9        license issued under this Code may be cancelled, revoked,
10        or suspended; except that a conviction upon one  or  more
11        offenses   against  laws  or  ordinances  regulating  the
12        movement of traffic shall be deemed sufficient cause  for
13        the   revocation,   suspension,   or  cancellation  of  a
14        restricted driving permit. The Secretary of State may, as
15        a condition to  the  issuance  of  a  restricted  driving
16        permit,   require  the  applicant  to  participate  in  a
17        designated driver remedial or rehabilitative program. The
18        Secretary of State is authorized to cancel  a  restricted
19        driving permit if the permit holder does not successfully
20        complete the program.
21        (c-5)  The  Secretary of State may, as a condition of the
22    reissuance of a driver's license or permit  to  an  applicant
23    under  the  age  of 18 years whose driver's license or permit
24    has been suspended pursuant to any of the provisions of  this
25    Section,  require  the  applicant  to participate in a driver
26    remedial education course and be retested under Section 6-109
27    of this Code.
28        (d)  This Section is subject to  the  provisions  of  the
29    Drivers License Compact.
30        (e)  The  Secretary of State shall not issue a restricted
31    driving permit to a person under the age of  16  years  whose
32    driving  privileges have been suspended or  revoked under any
33    provisions of this Code.
34    (Source: P.A. 89-283, eff.  1-1-96;  89-428,  eff.  12-13-95;
 
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 1    89-462,  eff.  5-29-96;  90-43,  eff.  7-2-97;  90-106,  eff.
 2    1-1-98; 90-369, eff. 1-1-98; 90-655, eff. 7-30-98.)

 3        (625 ILCS 5/11-907) (from Ch. 95 1/2, par. 11-907)
 4        Sec.  11-907.  Operation  of  vehicles  and streetcars on
 5    approach of  authorized  emergency  vehicles;  approaching  a
 6    barricade or a stationary authorized emergency vehicle.
 7        (a)  Upon   the   immediate  approach  of  an  authorized
 8    emergency vehicle making use of audible  and  visual  signals
 9    meeting  the  requirements  of  this Code or a police vehicle
10    properly and lawfully making use  of  an  audible  or  visual
11    signal,
12             (1)  the  driver  of every other vehicle shall yield
13        the  right-of-way  and  shall  immediately  drive  to   a
14        position  parallel  to,  and as close as possible to, the
15        right-hand edge or curb  of  the  highway  clear  of  any
16        intersection  and  shall, if necessary to permit the safe
17        passage of the emergency vehicle, stop and remain in such
18        position  until  the  authorized  emergency  vehicle  has
19        passed, unless otherwise directed by a police officer and
20             (2) the   operator   of   every   streetcar    shall
21        immediately  stop  such car clear of any intersection and
22        keep it in such position until the  authorized  emergency
23        vehicle has passed, unless otherwise directed by a police
24        officer.
25        (b)  This Section shall not operate to relieve the driver
26    of  an  authorized  emergency  vehicle from the duty to drive
27    with due regard for the  safety  of  all  persons  using  the
28    highway.
29        (c)  Upon   approaching   a  barricade  or  a  stationary
30    authorized emergency vehicle giving a  signal  by  displaying
31    alternately  flashing  red,  red  and white, blue, or red and
32    blue lights, a  person  who  drives  an  approaching  vehicle
33    shall:
 
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 1             (1)  proceeding   with   due   caution,   yield  the
 2        right-of-way by making a lane  change  into  a  lane  not
 3        adjacent to that of the barricade or authorized emergency
 4        vehicle,  if  possible  with  due  regard  to  safety and
 5        traffic conditions, if on a highway  having  at  least  4
 6        lanes  with  not less than 2 lanes proceeding in the same
 7        direction as the approaching vehicle; or
 8             (2)  proceeding with due caution, reduce  the  speed
 9        of  the  vehicle,  maintaining  a  safe  speed  for  road
10        conditions,  if  changing  lanes  would  be impossible or
11        unsafe.
12        (d)  If a violation of subsection  (c)  of  this  Section
13    results  in  damage  to  the  property  of another person, in
14    addition to any other penalty imposed, the  person's  driving
15    privileges  shall be suspended for a fixed period of not less
16    than 90 days and not more than one year.
17        (e)  If a violation of subsection  (c)  of  this  Section
18    results in injury to another person, in addition to any other
19    penalty  imposed,  the  person's  driving privileges shall be
20    suspended for a fixed period of not less than  180  days  and
21    not more than 2 years.
22        (f)  If  a  violation  of  subsection (c) of this Section
23    results in the death of another person, in  addition  to  any
24    other  penalty imposed, the person's driving privileges shall
25    be suspended for 2 years.
26        (g)  The Secretary  of  State  shall,  upon  receiving  a
27    record   of   a  judgment  entered  against  a  person  under
28    subsection (d), (e), or (f) of this Section:
29             (1)  suspend the person's driving privileges for the
30        mandatory period; or
31             (2)  extend the period of an existing suspension  by
32        the appropriate mandatory period.
33    (Source: P.A. 83-781.)
 
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 1        Section  10.   The Unified Code of Corrections is amended
 2    by changing Section 5-5-3 as follows:

 3        (730 ILCS 5/5-5-3) (from Ch. 38, par. 1005-5-3)
 4        Sec. 5-5-3.  Disposition.
 5        (a)  Every  person  convicted  of  an  offense  shall  be
 6    sentenced as provided in this Section.
 7        (b)  The   following   options   shall   be   appropriate
 8    dispositions, alone or in combination, for all  felonies  and
 9    misdemeanors other than those identified in subsection (c) of
10    this Section:
11             (1)  A period of probation.
12             (2)  A term of periodic imprisonment.
13             (3)  A term of conditional discharge.
14             (4)  A term of imprisonment.
15             (5)  An order directing the offender to clean up and
16        repair  the  damage,  if the offender was convicted under
17        paragraph (h) of Section 21-1 of  the  Criminal  Code  of
18        1961.
19             (6)  A fine.
20             (7)  An   order   directing  the  offender  to  make
21        restitution to the victim under  Section  5-5-6  of  this
22        Code.
23             (8)  A  sentence of participation in a county impact
24        incarceration program under Section 5-8-1.2 of this Code.
25        Whenever an individual is sentenced for an offense  based
26    upon  an  arrest  for  a  violation  of Section 11-501 of the
27    Illinois Vehicle Code, or a  similar  provision  of  a  local
28    ordinance,   and   the   professional  evaluation  recommends
29    remedial or rehabilitative treatment  or  education,  neither
30    the treatment nor the education shall be the sole disposition
31    and  either  or  both may be imposed only in conjunction with
32    another disposition. The court shall monitor compliance  with
33    any remedial education or treatment recommendations contained
 
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 1    in  the professional evaluation.  Programs conducting alcohol
 2    or other  drug  evaluation  or  remedial  education  must  be
 3    licensed  by  the  Department of Human Services.  However, if
 4    the individual is not a resident of Illinois, the  court  may
 5    accept  an  alcohol  or  other  drug  evaluation  or remedial
 6    education  program  in  the  state   of   such   individual's
 7    residence.   Programs  providing  treatment  must be licensed
 8    under  existing  applicable  alcoholism  and  drug  treatment
 9    licensure standards.
10        In addition to any other fine or penalty required by law,
11    any individual convicted of a violation of Section 11-501  of
12    the  Illinois  Vehicle  Code  or a similar provision of local
13    ordinance, whose  operation  of  a  motor  vehicle  while  in
14    violation  of  Section  11-501  or such ordinance proximately
15    caused an incident  resulting  in  an  appropriate  emergency
16    response,  shall  be required to make restitution to a public
17    agency for  the  costs  of  that  emergency  response.   Such
18    restitution  shall not exceed $500 per public agency for each
19    such emergency response.  For the purpose of this  paragraph,
20    emergency  response  shall  mean  any  incident  requiring  a
21    response  by: a police officer as defined under Section 1-162
22    of the Illinois Vehicle Code; a fireman carried on the  rolls
23    of  a regularly constituted fire department; and an ambulance
24    as defined  under  Section  4.05  of  the  Emergency  Medical
25    Services (EMS) Systems Act.
26        Neither   a  fine  nor  restitution  shall  be  the  sole
27    disposition for a felony and either or both  may  be  imposed
28    only in conjunction with another disposition.
29        (c) (1)  When a defendant is found guilty of first degree
30        murder   the   State   may  either  seek  a  sentence  of
31        imprisonment under Section 5-8-1 of this Code,  or  where
32        appropriate seek a sentence of death under Section 9-1 of
33        the Criminal Code of 1961.
34             (2)  A  period  of  probation,  a  term  of periodic
 
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 1        imprisonment  or  conditional  discharge  shall  not   be
 2        imposed  for  the  following  offenses.  The  court shall
 3        sentence the offender to not less than the  minimum  term
 4        of  imprisonment set forth in this Code for the following
 5        offenses, and may order a fine or restitution or both  in
 6        conjunction with such term of imprisonment:
 7                  (A)  First   degree   murder  where  the  death
 8             penalty is not imposed.
 9                  (B)  Attempted first degree murder.
10                  (C)  A Class X felony.
11                  (D)  A violation of Section 401.1 or 407 of the
12             Illinois Controlled Substances Act, or  a  violation
13             of  subdivision  (c)(2)  of  Section 401 of that Act
14             which relates to more than 5 grams  of  a  substance
15             containing cocaine or an analog thereof.
16                  (E)  A  violation  of  Section  5.1 or 9 of the
17             Cannabis Control Act.
18                  (F)  A  Class  2  or  greater  felony  if   the
19             offender  had been convicted of a Class 2 or greater
20             felony within 10 years of  the  date  on  which  the
21             offender  committed  the offense for which he or she
22             is being sentenced, except as otherwise provided  in
23             Section 40-10 of the Alcoholism and Other Drug Abuse
24             and Dependency Act.
25                  (G)  Residential  burglary, except as otherwise
26             provided in Section  40-10  of  the  Alcoholism  and
27             Other Drug Abuse and Dependency Act.
28                  (H)  Criminal   sexual   assault,   except   as
29             otherwise   provided   in  subsection  (e)  of  this
30             Section.
31                  (I)  Aggravated battery of a senior citizen.
32                  (J)  A  forcible  felony  if  the  offense  was
33             related to the activities of an organized gang.
34                  Before July 1, 1994, for the purposes  of  this
 
                            -15-               LRB9208162DHmb
 1             paragraph,  "organized gang" means an association of
 2             5 or more persons, with  an  established  hierarchy,
 3             that   encourages  members  of  the  association  to
 4             perpetrate crimes or provides support to the members
 5             of the association who do commit crimes.
 6                  Beginning July 1, 1994,  for  the  purposes  of
 7             this  paragraph,  "organized  gang"  has the meaning
 8             ascribed  to  it  in  Section  10  of  the  Illinois
 9             Streetgang Terrorism Omnibus Prevention Act.
10                  (K)  Vehicular hijacking.
11                  (L)  A second or subsequent conviction for  the
12             offense  of  hate  crime when the underlying offense
13             upon  which  the  hate  crime  is  based  is  felony
14             aggravated assault or felony mob action.
15                  (M)  A second or subsequent conviction for  the
16             offense  of institutional vandalism if the damage to
17             the property exceeds $300.
18                  (N)  A Class 3 felony  violation  of  paragraph
19             (1)  of  subsection  (a) of Section 2 of the Firearm
20             Owners Identification Card Act.
21                  (O)  A  violation  of  Section  12-6.1  of  the
22             Criminal Code of 1961.
23                  (P)  A violation of paragraph  (1),  (2),  (3),
24             (4),  (5),  or  (7)  of  subsection  (a)  of Section
25             11-20.1 of the Criminal Code of 1961.
26                  (Q)  A  violation  of  Section  20-1.2  of  the
27             Criminal Code of 1961.
28                  (R)  A  violation  of  Section  24-3A  of   the
29             Criminal Code of 1961.
30             (3)  A minimum term of imprisonment of not less than
31        48 consecutive hours or 100 hours of community service as
32        may  be  determined  by  the court shall be imposed for a
33        second or subsequent violation committed within  5  years
34        of a previous violation of Section 11-501 of the Illinois
 
                            -16-               LRB9208162DHmb
 1        Vehicle Code or a similar provision of a local ordinance.
 2             (4)  A minimum term of imprisonment of not less than
 3        7  consecutive days or 30 days of community service shall
 4        be imposed for a violation of paragraph  (c)  of  Section
 5        6-303 of the Illinois Vehicle Code.
 6             (4.1)  A  minimum  term  of  30  consecutive days of
 7        imprisonment, 40 days of 24 hour periodic imprisonment or
 8        720 hours of community service, as may be  determined  by
 9        the  court,  shall  be imposed for a violation of Section
10        11-501 of the Illinois Vehicle Code during  a  period  in
11        which  the  defendant's driving privileges are revoked or
12        suspended, where the revocation or suspension was  for  a
13        violation  of  Section 11-501 or Section 11-501.1 of that
14        Code.
15             (5)  The court may sentence an offender convicted of
16        a business offense or a petty offense or a corporation or
17        unincorporated association convicted of any offense to:
18                  (A)  a period of conditional discharge;
19                  (B)  a fine;
20                  (C)  make  restitution  to  the  victim   under
21             Section 5-5-6 of this Code.
22             (5.1)  In  addition  to  any penalties imposed under
23        paragraph (5) of  this  subsection  (c),  and  except  as
24        provided  in paragraph (5.2) or (5.3), a person convicted
25        of violating subsection (c)  of  Section  11-907  of  the
26        Illinois  Vehicle  Code  shall  have  his or her driver's
27        license, permit, or privileges suspended for at least  90
28        days  but  not  more  than  one  year,  if  the violation
29        resulted in damage to the property of another person.
30             (5.2)  In addition to any  penalties  imposed  under
31        paragraph  (5)  of  this  subsection  (c),  and except as
32        provided  in  paragraph  (5.3),  a  person  convicted  of
33        violating  subsection  (c)  of  Section  11-907  of   the
34        Illinois  Vehicle  Code  shall  have  his or her driver's
 
                            -17-               LRB9208162DHmb
 1        license, permit, or privileges suspended for at least 180
 2        days but not more than 2 years, if the violation resulted
 3        in injury to another person.
 4             (5.3)  In addition to any  penalties  imposed  under
 5        paragraph  (5) of this subsection (c), a person convicted
 6        of violating subsection (c)  of  Section  11-907  of  the
 7        Illinois  Vehicle  Code  shall  have  his or her driver's
 8        license, permit, or privileges suspended for 2 years,  if
 9        the violation resulted in the death of another person.
10             (6)  In  no case shall an offender be eligible for a
11        disposition of probation or conditional discharge  for  a
12        Class  1  felony committed while he was serving a term of
13        probation or conditional discharge for a felony.
14             (7)  When  a  defendant  is  adjudged   a   habitual
15        criminal  under Article 33B of the Criminal Code of 1961,
16        the court shall sentence  the  defendant  to  a  term  of
17        natural life imprisonment.
18             (8)  When  a defendant, over the age of 21 years, is
19        convicted of a Class 1 or Class 2  felony,  after  having
20        twice  been  convicted  of  any  Class 2 or greater Class
21        felonies in Illinois, and  such  charges  are  separately
22        brought  and  tried  and arise out of different series of
23        acts, such defendant shall be  sentenced  as  a  Class  X
24        offender.  This  paragraph shall not apply unless (1) the
25        first felony was committed after the  effective  date  of
26        this  amendatory  Act  of 1977; and (2) the second felony
27        was committed after conviction on the first; and (3)  the
28        third  felony  was  committed  after  conviction  on  the
29        second.
30             (9)  A defendant convicted of a second or subsequent
31        offense  of  ritualized abuse of a child may be sentenced
32        to a term of natural life imprisonment.
33        (d)  In any case in which a sentence  originally  imposed
34    is  vacated,  the  case shall be remanded to the trial court.
 
                            -18-               LRB9208162DHmb
 1    The trial court shall hold a hearing under Section  5-4-1  of
 2    the Unified Code of Corrections which may include evidence of
 3    the  defendant's  life, moral character and occupation during
 4    the time since the original sentence was passed.   The  trial
 5    court  shall  then  impose  sentence upon the defendant.  The
 6    trial court may impose any sentence  which  could  have  been
 7    imposed at the original trial subject to Section 5-5-4 of the
 8    Unified Code of Corrections.
 9        (e)  In  cases  where  prosecution  for  criminal  sexual
10    assault  or  aggravated  criminal  sexual abuse under Section
11    12-13 or 12-16 of  the  Criminal  Code  of  1961  results  in
12    conviction  of  a  defendant  who  was a family member of the
13    victim at the time of the  commission  of  the  offense,  the
14    court shall consider the safety and welfare of the victim and
15    may impose a sentence of probation only where:
16             (1)  the   court  finds  (A)  or  (B)  or  both  are
17        appropriate:
18                  (A)  the defendant  is  willing  to  undergo  a
19             court  approved  counseling  program  for  a minimum
20             duration of 2 years; or
21                  (B)  the defendant is willing to participate in
22             a court approved plan including but not  limited  to
23             the defendant's:
24                       (i)  removal from the household;
25                       (ii)  restricted contact with the victim;
26                       (iii)  continued  financial support of the
27                  family;
28                       (iv)  restitution for  harm  done  to  the
29                  victim; and
30                       (v)  compliance  with  any  other measures
31                  that the court may deem appropriate; and
32             (2)  the court orders the defendant to pay  for  the
33        victim's  counseling  services,  to  the  extent that the
34        court finds, after considering the defendant's income and
 
                            -19-               LRB9208162DHmb
 1        assets, that the  defendant  is  financially  capable  of
 2        paying  for  such  services,  if  the victim was under 18
 3        years of age at the time the offense  was  committed  and
 4        requires counseling as a result of the offense.
 5        Probation  may be revoked or modified pursuant to Section
 6    5-6-4; except where the court determines at the hearing  that
 7    the  defendant  violated  a condition of his or her probation
 8    restricting contact with the victim or other  family  members
 9    or  commits  another  offense with the victim or other family
10    members, the court shall revoke the defendant's probation and
11    impose a term of imprisonment.
12        For the purposes of this  Section,  "family  member"  and
13    "victim"  shall have the meanings ascribed to them in Section
14    12-12 of the Criminal Code of 1961.
15        (f)  This Article shall not  deprive  a  court  in  other
16    proceedings  to order a forfeiture of property, to suspend or
17    cancel a license, to remove  a  person  from  office,  or  to
18    impose any other civil penalty.
19        (g)  Whenever  a  defendant  is  convicted  of an offense
20    under Sections 11-14, 11-15, 11-15.1,  11-16,  11-17,  11-18,
21    11-18.1,  11-19,  11-19.1,  11-19.2,  12-13,  12-14, 12-14.1,
22    12-15 or 12-16 of the Criminal Code of  1961,  the  defendant
23    shall  undergo  medical  testing  to  determine  whether  the
24    defendant has any sexually transmissible disease, including a
25    test for infection with human immunodeficiency virus (HIV) or
26    any    other   identified   causative   agent   of   acquired
27    immunodeficiency syndrome  (AIDS).   Any  such  medical  test
28    shall  be  performed  only  by appropriately licensed medical
29    practitioners and may  include  an  analysis  of  any  bodily
30    fluids  as  well as an examination of the defendant's person.
31    Except as otherwise provided by law, the results of such test
32    shall be kept strictly confidential by all medical  personnel
33    involved in the testing and must be personally delivered in a
34    sealed  envelope  to  the  judge  of  the  court in which the
 
                            -20-               LRB9208162DHmb
 1    conviction was entered for the judge's inspection in  camera.
 2    Acting  in  accordance  with the best interests of the victim
 3    and the public,  the  judge  shall  have  the  discretion  to
 4    determine  to whom, if anyone, the results of the testing may
 5    be revealed. The court shall notify the defendant of the test
 6    results.  The court shall also notify the victim if requested
 7    by the victim, and if the victim is under the age of  15  and
 8    if  requested  by the victim's parents or legal guardian, the
 9    court shall notify the victim's parents or legal guardian  of
10    the test results.  The court shall provide information on the
11    availability  of  HIV testing and counseling at Department of
12    Public Health facilities to all parties to whom  the  results
13    of  the  testing  are  revealed  and shall direct the State's
14    Attorney to  provide  the  information  to  the  victim  when
15    possible. A State's Attorney may petition the court to obtain
16    the  results of any HIV test administered under this Section,
17    and the court shall  grant  the  disclosure  if  the  State's
18    Attorney  shows it is relevant in order to prosecute a charge
19    of criminal transmission of HIV under Section 12-16.2 of  the
20    Criminal Code of 1961 against the defendant.  The court shall
21    order  that  the  cost  of any such test shall be paid by the
22    county and may  be  taxed  as  costs  against  the  convicted
23    defendant.
24        (g-5)  When   an   inmate   is  tested  for  an  airborne
25    communicable  disease,  as   determined   by   the   Illinois
26    Department  of  Public  Health  including  but not limited to
27    tuberculosis, the results of the  test  shall  be  personally
28    delivered  by  the  warden or his or her designee in a sealed
29    envelope to the judge of the court in which the  inmate  must
30    appear  for  the judge's inspection in camera if requested by
31    the judge.  Acting in accordance with the best  interests  of
32    those  in  the courtroom, the judge shall have the discretion
33    to determine what if any precautions  need  to  be  taken  to
34    prevent transmission of the disease in the courtroom.
 
                            -21-               LRB9208162DHmb
 1        (h)  Whenever  a  defendant  is  convicted  of an offense
 2    under Section 1 or 2 of the Hypodermic Syringes  and  Needles
 3    Act, the defendant shall undergo medical testing to determine
 4    whether   the   defendant   has   been   exposed   to   human
 5    immunodeficiency   virus   (HIV)   or  any  other  identified
 6    causative agent of acquired immunodeficiency syndrome (AIDS).
 7    Except as otherwise provided by law, the results of such test
 8    shall be kept strictly confidential by all medical  personnel
 9    involved in the testing and must be personally delivered in a
10    sealed  envelope  to  the  judge  of  the  court in which the
11    conviction was entered for the judge's inspection in  camera.
12    Acting  in  accordance with the best interests of the public,
13    the judge shall have the discretion to determine to whom,  if
14    anyone, the results of the testing may be revealed. The court
15    shall  notify  the  defendant  of  a positive test showing an
16    infection with the human immunodeficiency  virus  (HIV).  The
17    court  shall  provide  information on the availability of HIV
18    testing  and  counseling  at  Department  of  Public   Health
19    facilities  to all parties to whom the results of the testing
20    are revealed and shall direct the State's Attorney to provide
21    the information  to  the  victim  when  possible.  A  State's
22    Attorney  may petition the court to obtain the results of any
23    HIV test administered under  this   Section,  and  the  court
24    shall  grant  the disclosure if the State's Attorney shows it
25    is relevant in  order  to  prosecute  a  charge  of  criminal
26    transmission  of  HIV  under  Section 12-16.2 of the Criminal
27    Code of 1961 against the defendant.  The  court  shall  order
28    that  the  cost  of any such test shall be paid by the county
29    and may be taxed as costs against the convicted defendant.
30        (i)  All fines and penalties imposed under  this  Section
31    for any violation of Chapters 3, 4, 6, and 11 of the Illinois
32    Vehicle  Code,  or  a similar provision of a local ordinance,
33    and any violation of the Child Passenger Protection Act, or a
34    similar provision of a local ordinance,  shall  be  collected
 
                            -22-               LRB9208162DHmb
 1    and  disbursed by the circuit clerk as provided under Section
 2    27.5 of the Clerks of Courts Act.
 3        (j)  In cases  when  prosecution  for  any  violation  of
 4    Section  11-6,  11-8,  11-9,  11-11,  11-14,  11-15, 11-15.1,
 5    11-16,  11-17,  11-17.1,  11-18,  11-18.1,  11-19,   11-19.1,
 6    11-19.2,  11-20.1,  11-21,  12-13,  12-14, 12-14.1, 12-15, or
 7    12-16 of the Criminal Code of  1961,  any  violation  of  the
 8    Illinois  Controlled  Substances Act, or any violation of the
 9    Cannabis Control Act results in conviction, a disposition  of
10    court  supervision,  or  an  order of probation granted under
11    Section 10 of the Cannabis Control Act or Section 410 of  the
12    Illinois  Controlled  Substance Act of a defendant, the court
13    shall determine  whether  the  defendant  is  employed  by  a
14    facility  or  center  as  defined under the Child Care Act of
15    1969, a public or private elementary or secondary school,  or
16    otherwise  works  with  children  under  18 years of age on a
17    daily basis.  When a defendant  is  so  employed,  the  court
18    shall  order  the  Clerk  of  the Court to send a copy of the
19    judgment of conviction or order of supervision  or  probation
20    to  the  defendant's  employer  by  certified  mail.  If  the
21    employer of the defendant is a school, the Clerk of the Court
22    shall  direct  the  mailing  of  a  copy  of  the judgment of
23    conviction or  order  of  supervision  or  probation  to  the
24    appropriate regional superintendent of schools.  The regional
25    superintendent  of  schools  shall  notify the State Board of
26    Education of any notification under this subsection.
27        (j-5)  A defendant at  least  17  years  of  age  who  is
28    convicted  of  a  felony  and  who  has  not  been previously
29    convicted of a misdemeanor or felony and who is sentenced  to
30    a   term  of  imprisonment  in  the  Illinois  Department  of
31    Corrections shall as a condition of his or  her  sentence  be
32    required  by the court to attend educational courses designed
33    to prepare the defendant for a high  school  diploma  and  to
34    work  toward  a high school diploma or to work toward passing
 
                            -23-               LRB9208162DHmb
 1    the high school level Test of General Educational Development
 2    (GED) or to work  toward  completing  a  vocational  training
 3    program  offered  by  the  Department  of  Corrections.  If a
 4    defendant fails to complete the educational training required
 5    by his or her sentence during the term of incarceration,  the
 6    Prisoner  Review  Board  shall,  as  a condition of mandatory
 7    supervised release, require the defendant, at his or her  own
 8    expense,  to  pursue  a  course of study toward a high school
 9    diploma or passage of the  GED  test.   The  Prisoner  Review
10    Board  shall  revoke  the  mandatory  supervised release of a
11    defendant who wilfully fails to comply with  this  subsection
12    (j-5)  upon  his  or  her release from confinement in a penal
13    institution while  serving  a  mandatory  supervised  release
14    term;  however, the inability of the defendant after making a
15    good faith effort to obtain financial  aid  or  pay  for  the
16    educational  training shall not be deemed a wilful failure to
17    comply.   The  Prisoner  Review  Board  shall  recommit   the
18    defendant  whose  mandatory  supervised release term has been
19    revoked under this subsection (j-5) as  provided  in  Section
20    3-3-9.   This  subsection (j-5) does not apply to a defendant
21    who has a high school diploma or has successfully passed  the
22    GED test. This subsection (j-5) does not apply to a defendant
23    who is determined by the court to be developmentally disabled
24    or otherwise mentally incapable of completing the educational
25    or vocational program.
26        (k)  A court may not impose a sentence or disposition for
27    a  felony  or  misdemeanor  that requires the defendant to be
28    implanted or injected with  or  to  use  any  form  of  birth
29    control.
30        (l) (A)  Except   as   provided   in   paragraph  (C)  of
31        subsection (l), whenever a defendant, who is an alien  as
32        defined  by  the  Immigration  and  Nationality  Act,  is
33        convicted of any felony or misdemeanor offense, the court
34        after  sentencing  the  defendant may, upon motion of the
 
                            -24-               LRB9208162DHmb
 1        State's Attorney, hold sentence in  abeyance  and  remand
 2        the  defendant  to the custody of the Attorney General of
 3        the United States or his or her designated  agent  to  be
 4        deported when:
 5                  (1)  a  final  order  of  deportation  has been
 6             issued against the defendant pursuant to proceedings
 7             under the Immigration and Nationality Act, and
 8                  (2)  the deportation of the defendant would not
 9             deprecate the seriousness of the defendant's conduct
10             and would not  be  inconsistent  with  the  ends  of
11             justice.
12             Otherwise,  the  defendant  shall  be  sentenced  as
13        provided in this Chapter V.
14             (B)  If the defendant has already been sentenced for
15        a  felony  or  misdemeanor offense, or has been placed on
16        probation under Section 10 of the Cannabis Control Act or
17        Section 410 of the Illinois  Controlled  Substances  Act,
18        the  court  may,  upon  motion of the State's Attorney to
19        suspend the sentence imposed, commit the defendant to the
20        custody of the Attorney General of the United  States  or
21        his or her designated agent when:
22                  (1)  a  final  order  of  deportation  has been
23             issued against the defendant pursuant to proceedings
24             under the Immigration and Nationality Act, and
25                  (2)  the deportation of the defendant would not
26             deprecate the seriousness of the defendant's conduct
27             and would not  be  inconsistent  with  the  ends  of
28             justice.
29             (C)  This subsection (l) does not apply to offenders
30        who  are  subject  to  the provisions of paragraph (2) of
31        subsection (a) of Section 3-6-3.
32             (D)  Upon motion  of  the  State's  Attorney,  if  a
33        defendant  sentenced  under  this  Section returns to the
34        jurisdiction of the United States, the defendant shall be
 
                            -25-               LRB9208162DHmb
 1        recommitted to the custody of the county from which he or
 2        she was sentenced. Thereafter,  the  defendant  shall  be
 3        brought before the sentencing court, which may impose any
 4        sentence  that  was  available under Section 5-5-3 at the
 5        time of initial sentencing.  In addition,  the  defendant
 6        shall  not be eligible for additional good conduct credit
 7        for meritorious service as provided under Section 3-6-6.
 8        (m)  A  person  convicted  of  criminal   defacement   of
 9    property  under  Section 21-1.3 of the Criminal Code of 1961,
10    in which the property damage exceeds $300  and  the  property
11    damaged  is  a  school  building, shall be ordered to perform
12    community service  that  may  include  cleanup,  removal,  or
13    painting over the defacement.
14    (Source: P.A. 90-14, eff. 7-1-97; 90-68, eff. 7-8-97; 90-680,
15    eff.  1-1-99;  90-685,  eff.  1-1-99;  90-787,  eff. 8-14-98;
16    91-357, eff.  7-29-99;  91-404,  eff.  1-1-00;  91-663,  eff.
17    12-22-99; 91-695, eff. 4-13-00.)

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