Public Act 094-0993
 
SB2962 Enrolled LRB094 18882 RLC 54326 b

    AN ACT concerning driving privileges.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Illinois Vehicle Code is amended by changing
Sections 6-101, 6-115, and 6-201 as follows:
 
    (625 ILCS 5/6-101)  (from Ch. 95 1/2, par. 6-101)
    Sec. 6-101. Drivers must have licenses or permits.
    (a) No person, except those expressly exempted by Section
6-102, shall drive any motor vehicle upon a highway in this
State unless such person has a valid license or permit, or a
restricted driving permit, issued under the provisions of this
Act.
    (b) No person shall drive a motor vehicle unless he holds a
valid license or permit, or a restricted driving permit issued
under the provisions of Section 6-205, 6-206, or 6-113 of this
Act. Any person to whom a license is issued under the
provisions of this Act must surrender to the Secretary of State
all valid licenses or permits. No drivers license shall be
issued to any person who holds a valid Foreign State license,
identification card, or permit unless such person first
surrenders to the Secretary of State any such valid Foreign
State license, identification card, or permit.
    (b-5) Any person who commits a violation of subsection (a)
or (b) of this Section is guilty of a Class A misdemeanor, if
at the time of the violation the person's driver's license or
permit was cancelled under clause (a)9 of Section 6-201 of this
Code.
    (c) Any person licensed as a driver hereunder shall not be
required by any city, village, incorporated town or other
municipal corporation to obtain any other license to exercise
the privilege thereby granted.
    (d) In addition to other penalties imposed under this
Section, any person in violation of this Section who is also in
violation of Section 7-601 of this Code relating to mandatory
insurance requirements shall have his or her motor vehicle
immediately impounded by the arresting law enforcement
officer. The motor vehicle may be released to any licensed
driver upon a showing of proof of insurance for the motor
vehicle that was impounded and the notarized written consent
for the release by the vehicle owner.
    (e) In addition to other penalties imposed under this
Section, the vehicle of any person in violation of this Section
who is also in violation of Section 7-601 of this Code relating
to mandatory insurance requirements and who, in violating this
Section, has caused death or personal injury to another person
is subject to forfeiture under Sections 36-1 and 36-2 of the
Criminal Code of 1961. For the purposes of this Section, a
personal injury shall include any type A injury as indicated on
the traffic accident report completed by a law enforcement
officer that requires immediate professional attention in
either a doctor's office or a medical facility. A type A injury
shall include severely bleeding wounds, distorted extremities,
and injuries that require the injured party to be carried from
the scene.
(Source: P.A. 93-187, eff. 7-11-03; 93-895, eff. 1-1-05.)
 
    (625 ILCS 5/6-115)  (from Ch. 95 1/2, par. 6-115)
    Sec. 6-115. Expiration of driver's license.
    (a) Except as provided elsewhere in this Section, every
driver's license issued under the provisions of this Code shall
expire 4 years from the date of its issuance, or at such later
date, as the Secretary of State may by proper rule and
regulation designate, not to exceed 12 calendar months; in the
event that an applicant for renewal of a driver's license fails
to apply prior to the expiration date of the previous driver's
license, the renewal driver's license shall expire 4 years from
the expiration date of the previous driver's license, or at
such later date as the Secretary of State may by proper rule
and regulation designate, not to exceed 12 calendar months.
    The Secretary of State may, however, issue to a person not
previously licensed as a driver in Illinois a driver's license
which will expire not less than 4 years nor more than 5 years
from date of issuance, except as provided elsewhere in this
Section.
    The Secretary of State is authorized to issue driver's
licenses during the years 1984 through 1987 which shall expire
not less than 3 years nor more than 5 years from the date of
issuance, except as provided elsewhere in this Section, for the
purpose of converting all driver's licenses issued under this
Code to a 4 year expiration. Provided that all original
driver's licenses, except as provided elsewhere in this
Section, shall expire not less than 4 years nor more than 5
years from the date of issuance.
    (b) Before the expiration of a driver's license, except
those licenses expiring on the individual's 21st birthday, or 3
months after the individual's 21st birthday, the holder thereof
may apply for a renewal thereof, subject to all the provisions
of Section 6-103, and the Secretary of State may require an
examination of the applicant. A licensee whose driver's license
expires on his 21st birthday, or 3 months after his 21st
birthday, may not apply for a renewal of his driving privileges
until he reaches the age of 21.
    (c) The Secretary of State shall, 30 days prior to the
expiration of a driver's license, forward to each person whose
license is to expire a notification of the expiration of said
license which may be presented at the time of renewal of said
license.
    There may be included with such notification information
explaining the anatomical gift and Emergency Medical
Information Card provisions of Section 6-110. The format and
text of such information shall be prescribed by the Secretary.
    There shall be included with such notification, for a
period of 4 years beginning January 1, 2000 information
regarding the Illinois Adoption Registry and Medical
Information Exchange established in Section 18.1 of the
Adoption Act.
    (d) The Secretary may defer the expiration of the driver's
license of a licensee, spouse, and dependent children who are
living with such licensee while on active duty, serving in the
Armed Forces of the United States outside of the State of
Illinois, and 45 days thereafter, upon such terms and
conditions as the Secretary may prescribe.
    (e) The Secretary of State may decline to process a renewal
of a driver's license of any person who has not paid any fee or
tax due under this Code and is not paid upon reasonable notice
and demand.
    (f) The Secretary shall provide that each original or
renewal driver's license issued to a licensee under 21 years of
age shall expire 3 months after the licensee's 21st birthday.
Persons whose current driver's licenses expire on their 21st
birthday on or after January 1, 1986 shall not renew their
driver's license before their 21st birthday, and their current
driver's license will be extended for an additional term of 3
months beyond their 21st birthday. Thereafter, the expiration
and term of the driver's license shall be governed by
subsection (a) hereof.
    (g) The Secretary shall provide that each original or
renewal driver's license issued to a licensee 81 years of age
through age 86 shall expire 2 years from the date of issuance,
or at such later date as the Secretary may by rule and
regulation designate, not to exceed an additional 12 calendar
months. The Secretary shall also provide that each original or
renewal driver's license issued to a licensee 87 years of age
or older shall expire 12 months from the date of issuance, or
at such later date as the Secretary may by rule and regulation
designate, not to exceed an additional 12 calendar months.
    (h) The Secretary of State shall provide that each special
restricted driver's license issued under subsection (g) of
Section 6-113 of this Code shall expire 12 months from the date
of issuance. The Secretary shall adopt rules defining renewal
requirements.
    (i) The Secretary of State shall provide that each driver's
license issued to a person convicted of a sex offense as
defined in Section 2 of the Sex Offender Registration Act shall
expire 12 months from the date of issuance or at such date as
the Secretary may by rule designate, not to exceed an
additional 12 calendar months. The Secretary may adopt rules
defining renewal requirements.
(Source: P.A. 91-417, eff. 1-1-00; 92-274, eff. 1-1-02.)
 
    (625 ILCS 5/6-201)  (from Ch. 95 1/2, par. 6-201)
    Sec. 6-201. Authority to cancel licenses and permits.
    (a) The Secretary of State is authorized to cancel any
license or permit upon determining that the holder thereof:
        1. was not entitled to the issuance thereof hereunder;
    or
        2. failed to give the required or correct information
    in his application; or
        3. failed to pay any fees, civil penalties owed to the
    Illinois Commerce Commission, or taxes due under this Act
    and upon reasonable notice and demand; or
        4. committed any fraud in the making of such
    application; or
        5. is ineligible therefor under the provisions of
    Section 6-103 of this Act, as amended; or
        6. has refused or neglected to submit an alcohol, drug,
    and intoxicating compound evaluation or to submit to
    examination or re-examination as required under this Act;
    or
        7. has been convicted of violating the Cannabis Control
    Act, the Illinois Controlled Substances Act, the
    Methamphetamine Control and Community Protection Act, or
    the Use of Intoxicating Compounds Act while that individual
    was in actual physical control of a motor vehicle. For
    purposes of this Section, any person placed on probation
    under Section 10 of the Cannabis Control Act, Section 410
    of the Illinois Controlled Substances Act, or Section 70 of
    the Methamphetamine Control and Community Protection Act
    shall not be considered convicted. Any person found guilty
    of this offense, while in actual physical control of a
    motor vehicle, shall have an entry made in the court record
    by the judge that this offense did occur while the person
    was in actual physical control of a motor vehicle and order
    the clerk of the court to report the violation to the
    Secretary of State as such. After the cancellation, the
    Secretary of State shall not issue a new license or permit
    for a period of one year after the date of cancellation.
    However, upon application, the Secretary of State may, if
    satisfied that the person applying will not endanger the
    public safety, or welfare, issue a restricted driving
    permit granting the privilege of driving a motor vehicle
    between the person's residence and person's place of
    employment or within the scope of the person's employment
    related duties, or to allow transportation for the person
    or a household member of the person's family for the
    receipt of necessary medical care or, if the professional
    evaluation indicates, provide transportation for the
    petitioner for alcohol remedial or rehabilitative
    activity, or for the person to attend classes, as a
    student, in an accredited educational institution; if the
    person is able to demonstrate that no alternative means of
    transportation is reasonably available; provided that the
    Secretary's discretion shall be limited to cases where
    undue hardship would result from a failure to issue such
    restricted driving permit. In each case the Secretary of
    State may issue such restricted driving permit for such
    period as he deems appropriate, except that such permit
    shall expire within one year from the date of issuance. A
    restricted driving permit issued hereunder shall be
    subject to cancellation, revocation and suspension by the
    Secretary of State in like manner and for like cause as a
    driver's license issued hereunder may be cancelled,
    revoked or suspended; except that a conviction upon one or
    more offenses against laws or ordinances regulating the
    movement of traffic shall be deemed sufficient cause for
    the revocation, suspension or cancellation of a restricted
    driving permit. The Secretary of State may, as a condition
    to the issuance of a restricted driving permit, require the
    applicant to participate in a driver remedial or
    rehabilitative program; or
        8. failed to submit a report as required by Section
    6-116.5 of this Code; or .
        9. has been convicted of a sex offense as defined in
    the Sex Offender Registration Act. The driver's license
    shall remain cancelled until the driver registers as a sex
    offender as required by the Sex Offender Registration Act,
    proof of the registration is furnished to the Secretary of
    State and the sex offender provides proof of current
    address to the Secretary.
    (b) Upon such cancellation the licensee or permittee must
surrender the license or permit so cancelled to the Secretary
of State.
    (c) Except as provided in Sections 6-206.1 and 7-702.1, the
Secretary of State shall have exclusive authority to grant,
issue, deny, cancel, suspend and revoke driving privileges,
drivers' licenses and restricted driving permits.
    (d) The Secretary of State may adopt rules to implement
this Section.
(Source: P.A. 94-556, eff. 9-11-05.)
 
    Section 10. The Unified Code of Corrections is amended by
changing Section 5-5-3 as follows:
 
    (730 ILCS 5/5-5-3)  (from Ch. 38, par. 1005-5-3)
    Sec. 5-5-3. Disposition.
    (a) Except as provided in Section 11-501 of the Illinois
Vehicle Code, every person convicted of an offense shall be
sentenced as provided in this Section.
    (b) The following options shall be appropriate
dispositions, alone or in combination, for all felonies and
misdemeanors other than those identified in subsection (c) of
this Section:
        (1) A period of probation.
        (2) A term of periodic imprisonment.
        (3) A term of conditional discharge.
        (4) A term of imprisonment.
        (5) An order directing the offender to clean up and
    repair the damage, if the offender was convicted under
    paragraph (h) of Section 21-1 of the Criminal Code of 1961
    (now repealed).
        (6) A fine.
        (7) An order directing the offender to make restitution
    to the victim under Section 5-5-6 of this Code.
        (8) A sentence of participation in a county impact
    incarceration program under Section 5-8-1.2 of this Code.
        (9) A term of imprisonment in combination with a term
    of probation when the offender has been admitted into a
    drug court program under Section 20 of the Drug Court
    Treatment Act.
    Neither a fine nor restitution shall be the sole
disposition for a felony and either or both may be imposed only
in conjunction with another disposition.
    (c) (1) When a defendant is found guilty of first degree
    murder the State may either seek a sentence of imprisonment
    under Section 5-8-1 of this Code, or where appropriate seek
    a sentence of death under Section 9-1 of the Criminal Code
    of 1961.
        (2) A period of probation, a term of periodic
    imprisonment or conditional discharge shall not be imposed
    for the following offenses. The court shall sentence the
    offender to not less than the minimum term of imprisonment
    set forth in this Code for the following offenses, and may
    order a fine or restitution or both in conjunction with
    such term of imprisonment:
            (A) First degree murder where the death penalty is
        not imposed.
            (B) Attempted first degree murder.
            (C) A Class X felony.
            (D) A violation of Section 401.1 or 407 of the
        Illinois Controlled Substances Act, or a violation of
        subdivision (c)(1) or (c)(2) of Section 401 of that Act
        which relates to more than 5 grams of a substance
        containing heroin or cocaine or an analog thereof.
            (E) A violation of Section 5.1 or 9 of the Cannabis
        Control Act.
            (F) A Class 2 or greater felony if the offender had
        been convicted of a Class 2 or greater felony within 10
        years of the date on which the offender committed the
        offense for which he or she is being sentenced, except
        as otherwise provided in Section 40-10 of the
        Alcoholism and Other Drug Abuse and Dependency Act.
            (F-5) A violation of Section 24-1, 24-1.1, or
        24-1.6 of the Criminal Code of 1961 for which
        imprisonment is prescribed in those Sections.
            (G) Residential burglary, except as otherwise
        provided in Section 40-10 of the Alcoholism and Other
        Drug Abuse and Dependency Act.
            (H) Criminal sexual assault.
            (I) Aggravated battery of a senior citizen.
            (J) A forcible felony if the offense was related to
        the activities of an organized gang.
            Before July 1, 1994, for the purposes of this
        paragraph, "organized gang" means an association of 5
        or more persons, with an established hierarchy, that
        encourages members of the association to perpetrate
        crimes or provides support to the members of the
        association who do commit crimes.
            Beginning July 1, 1994, for the purposes of this
        paragraph, "organized gang" has the meaning ascribed
        to it in Section 10 of the Illinois Streetgang
        Terrorism Omnibus Prevention Act.
            (K) Vehicular hijacking.
            (L) A second or subsequent conviction for the
        offense of hate crime when the underlying offense upon
        which the hate crime is based is felony aggravated
        assault or felony mob action.
            (M) A second or subsequent conviction for the
        offense of institutional vandalism if the damage to the
        property exceeds $300.
            (N) A Class 3 felony violation of paragraph (1) of
        subsection (a) of Section 2 of the Firearm Owners
        Identification Card Act.
            (O) A violation of Section 12-6.1 of the Criminal
        Code of 1961.
            (P) A violation of paragraph (1), (2), (3), (4),
        (5), or (7) of subsection (a) of Section 11-20.1 of the
        Criminal Code of 1961.
            (Q) A violation of Section 20-1.2 or 20-1.3 of the
        Criminal Code of 1961.
            (R) A violation of Section 24-3A of the Criminal
        Code of 1961.
            (S) (Blank).
            (T) A second or subsequent violation of the
        Methamphetamine Control and Community Protection Act.
        (3) (Blank).
        (4) A minimum term of imprisonment of not less than 10
    consecutive days or 30 days of community service shall be
    imposed for a violation of paragraph (c) of Section 6-303
    of the Illinois Vehicle Code.
        (4.1) (Blank).
        (4.2) Except as provided in paragraph (4.3) of this
    subsection (c), a minimum of 100 hours of community service
    shall be imposed for a second violation of Section 6-303 of
    the Illinois Vehicle Code.
        (4.3) A minimum term of imprisonment of 30 days or 300
    hours of community service, as determined by the court,
    shall be imposed for a second violation of subsection (c)
    of Section 6-303 of the Illinois Vehicle Code.
        (4.4) Except as provided in paragraph (4.5) and
    paragraph (4.6) of this subsection (c), a minimum term of
    imprisonment of 30 days or 300 hours of community service,
    as determined by the court, shall be imposed for a third or
    subsequent violation of Section 6-303 of the Illinois
    Vehicle Code.
        (4.5) A minimum term of imprisonment of 30 days shall
    be imposed for a third violation of subsection (c) of
    Section 6-303 of the Illinois Vehicle Code.
        (4.6) A minimum term of imprisonment of 180 days shall
    be imposed for a fourth or subsequent violation of
    subsection (c) of Section 6-303 of the Illinois Vehicle
    Code.
        (5) The court may sentence an offender convicted of a
    business offense or a petty offense or a corporation or
    unincorporated association convicted of any offense to:
            (A) a period of conditional discharge;
            (B) a fine;
            (C) make restitution to the victim under Section
        5-5-6 of this Code.
        (5.1) In addition to any penalties imposed under
    paragraph (5) of this subsection (c), and except as
    provided in paragraph (5.2) or (5.3), a person convicted of
    violating subsection (c) of Section 11-907 of the Illinois
    Vehicle Code shall have his or her driver's license,
    permit, or privileges suspended for at least 90 days but
    not more than one year, if the violation resulted in damage
    to the property of another person.
        (5.2) In addition to any penalties imposed under
    paragraph (5) of this subsection (c), and except as
    provided in paragraph (5.3), a person convicted of
    violating subsection (c) of Section 11-907 of the Illinois
    Vehicle Code shall have his or her driver's license,
    permit, or privileges suspended for at least 180 days but
    not more than 2 years, if the violation resulted in injury
    to another person.
        (5.3) In addition to any penalties imposed under
    paragraph (5) of this subsection (c), a person convicted of
    violating subsection (c) of Section 11-907 of the Illinois
    Vehicle Code shall have his or her driver's license,
    permit, or privileges suspended for 2 years, if the
    violation resulted in the death of another person.
        (6) In no case shall an offender be eligible for a
    disposition of probation or conditional discharge for a
    Class 1 felony committed while he was serving a term of
    probation or conditional discharge for a felony.
        (7) When a defendant is adjudged a habitual criminal
    under Article 33B of the Criminal Code of 1961, the court
    shall sentence the defendant to a term of natural life
    imprisonment.
        (8) When a defendant, over the age of 21 years, is
    convicted of a Class 1 or Class 2 felony, after having
    twice been convicted in any state or federal court of an
    offense that contains the same elements as an offense now
    classified in Illinois as a Class 2 or greater Class felony
    and such charges are separately brought and tried and arise
    out of different series of acts, such defendant shall be
    sentenced as a Class X offender. This paragraph shall not
    apply unless (1) the first felony was committed after the
    effective date of this amendatory Act of 1977; and (2) the
    second felony was committed after conviction on the first;
    and (3) the third felony was committed after conviction on
    the second. A person sentenced as a Class X offender under
    this paragraph is not eligible to apply for treatment as a
    condition of probation as provided by Section 40-10 of the
    Alcoholism and Other Drug Abuse and Dependency Act.
        (9) A defendant convicted of a second or subsequent
    offense of ritualized abuse of a child may be sentenced to
    a term of natural life imprisonment.
        (10) (Blank).
        (11) The court shall impose a minimum fine of $1,000
    for a first offense and $2,000 for a second or subsequent
    offense upon a person convicted of or placed on supervision
    for battery when the individual harmed was a sports
    official or coach at any level of competition and the act
    causing harm to the sports official or coach occurred
    within an athletic facility or within the immediate
    vicinity of the athletic facility at which the sports
    official or coach was an active participant of the athletic
    contest held at the athletic facility. For the purposes of
    this paragraph (11), "sports official" means a person at an
    athletic contest who enforces the rules of the contest,
    such as an umpire or referee; "athletic facility" means an
    indoor or outdoor playing field or recreational area where
    sports activities are conducted; and "coach" means a person
    recognized as a coach by the sanctioning authority that
    conducted the sporting event.
        (12) A person may not receive a disposition of court
    supervision for a violation of Section 5-16 of the Boat
    Registration and Safety Act if that person has previously
    received a disposition of court supervision for a violation
    of that Section.
    (d) In any case in which a sentence originally imposed is
vacated, the case shall be remanded to the trial court. The
trial court shall hold a hearing under Section 5-4-1 of the
Unified Code of Corrections which may include evidence of the
defendant's life, moral character and occupation during the
time since the original sentence was passed. The trial court
shall then impose sentence upon the defendant. The trial court
may impose any sentence which could have been imposed at the
original trial subject to Section 5-5-4 of the Unified Code of
Corrections. If a sentence is vacated on appeal or on
collateral attack due to the failure of the trier of fact at
trial to determine beyond a reasonable doubt the existence of a
fact (other than a prior conviction) necessary to increase the
punishment for the offense beyond the statutory maximum
otherwise applicable, either the defendant may be re-sentenced
to a term within the range otherwise provided or, if the State
files notice of its intention to again seek the extended
sentence, the defendant shall be afforded a new trial.
    (e) In cases where prosecution for aggravated criminal
sexual abuse under Section 12-16 of the Criminal Code of 1961
results in conviction of a defendant who was a family member of
the victim at the time of the commission of the offense, the
court shall consider the safety and welfare of the victim and
may impose a sentence of probation only where:
        (1) the court finds (A) or (B) or both are appropriate:
            (A) the defendant is willing to undergo a court
        approved counseling program for a minimum duration of 2
        years; or
            (B) the defendant is willing to participate in a
        court approved plan including but not limited to the
        defendant's:
                (i) removal from the household;
                (ii) restricted contact with the victim;
                (iii) continued financial support of the
            family;
                (iv) restitution for harm done to the victim;
            and
                (v) compliance with any other measures that
            the court may deem appropriate; and
        (2) the court orders the defendant to pay for the
    victim's counseling services, to the extent that the court
    finds, after considering the defendant's income and
    assets, that the defendant is financially capable of paying
    for such services, if the victim was under 18 years of age
    at the time the offense was committed and requires
    counseling as a result of the offense.
    Probation may be revoked or modified pursuant to Section
5-6-4; except where the court determines at the hearing that
the defendant violated a condition of his or her probation
restricting contact with the victim or other family members or
commits another offense with the victim or other family
members, the court shall revoke the defendant's probation and
impose a term of imprisonment.
    For the purposes of this Section, "family member" and
"victim" shall have the meanings ascribed to them in Section
12-12 of the Criminal Code of 1961.
    (f) This Article shall not deprive a court in other
proceedings to order a forfeiture of property, to suspend or
cancel a license, to remove a person from office, or to impose
any other civil penalty.
    (g) Whenever a defendant is convicted of an offense under
Sections 11-14, 11-15, 11-15.1, 11-16, 11-17, 11-18, 11-18.1,
11-19, 11-19.1, 11-19.2, 12-13, 12-14, 12-14.1, 12-15 or 12-16
of the Criminal Code of 1961, the defendant shall undergo
medical testing to determine whether the defendant has any
sexually transmissible disease, including a test for infection
with human immunodeficiency virus (HIV) or any other identified
causative agent of acquired immunodeficiency syndrome (AIDS).
Any such medical test shall be performed only by appropriately
licensed medical practitioners and may include an analysis of
any bodily fluids as well as an examination of the defendant's
person. Except as otherwise provided by law, the results of
such test shall be kept strictly confidential by all medical
personnel involved in the testing and must be personally
delivered in a sealed envelope to the judge of the court in
which the conviction was entered for the judge's inspection in
camera. Acting in accordance with the best interests of the
victim and the public, the judge shall have the discretion to
determine to whom, if anyone, the results of the testing may be
revealed. The court shall notify the defendant of the test
results. The court shall also notify the victim if requested by
the victim, and if the victim is under the age of 15 and if
requested by the victim's parents or legal guardian, the court
shall notify the victim's parents or legal guardian of the test
results. The court shall provide information on the
availability of HIV testing and counseling at Department of
Public Health facilities to all parties to whom the results of
the testing are revealed and shall direct the State's Attorney
to provide the information to the victim when possible. A
State's Attorney may petition the court to obtain the results
of any HIV test administered under this Section, and the court
shall grant the disclosure if the State's Attorney shows it is
relevant in order to prosecute a charge of criminal
transmission of HIV under Section 12-16.2 of the Criminal Code
of 1961 against the defendant. The court shall order that the
cost of any such test shall be paid by the county and may be
taxed as costs against the convicted defendant.
    (g-5) When an inmate is tested for an airborne communicable
disease, as determined by the Illinois Department of Public
Health including but not limited to tuberculosis, the results
of the test shall be personally delivered by the warden or his
or her designee in a sealed envelope to the judge of the court
in which the inmate must appear for the judge's inspection in
camera if requested by the judge. Acting in accordance with the
best interests of those in the courtroom, the judge shall have
the discretion to determine what if any precautions need to be
taken to prevent transmission of the disease in the courtroom.
    (h) Whenever a defendant is convicted of an offense under
Section 1 or 2 of the Hypodermic Syringes and Needles Act, the
defendant shall undergo medical testing to determine whether
the defendant has been exposed to human immunodeficiency virus
(HIV) or any other identified causative agent of acquired
immunodeficiency syndrome (AIDS). Except as otherwise provided
by law, the results of such test shall be kept strictly
confidential by all medical personnel involved in the testing
and must be personally delivered in a sealed envelope to the
judge of the court in which the conviction was entered for the
judge's inspection in camera. Acting in accordance with the
best interests of the public, the judge shall have the
discretion to determine to whom, if anyone, the results of the
testing may be revealed. The court shall notify the defendant
of a positive test showing an infection with the human
immunodeficiency virus (HIV). The court shall provide
information on the availability of HIV testing and counseling
at Department of Public Health facilities to all parties to
whom the results of the testing are revealed and shall direct
the State's Attorney to provide the information to the victim
when possible. A State's Attorney may petition the court to
obtain the results of any HIV test administered under this
Section, and the court shall grant the disclosure if the
State's Attorney shows it is relevant in order to prosecute a
charge of criminal transmission of HIV under Section 12-16.2 of
the Criminal Code of 1961 against the defendant. The court
shall order that the cost of any such test shall be paid by the
county and may be taxed as costs against the convicted
defendant.
    (i) All fines and penalties imposed under this Section for
any violation of Chapters 3, 4, 6, and 11 of the Illinois
Vehicle Code, or a similar provision of a local ordinance, and
any violation of the Child Passenger Protection Act, or a
similar provision of a local ordinance, shall be collected and
disbursed by the circuit clerk as provided under Section 27.5
of the Clerks of Courts Act.
    (j) In cases when prosecution for any violation of Section
11-6, 11-8, 11-9, 11-11, 11-14, 11-15, 11-15.1, 11-16, 11-17,
11-17.1, 11-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 11-20.1,
11-21, 12-13, 12-14, 12-14.1, 12-15, or 12-16 of the Criminal
Code of 1961, any violation of the Illinois Controlled
Substances Act, any violation of the Cannabis Control Act, or
any violation of the Methamphetamine Control and Community
Protection Act results in conviction, a disposition of court
supervision, or an order of probation granted under Section 10
of the Cannabis Control Act, Section 410 of the Illinois
Controlled Substance Act, or Section 70 of the Methamphetamine
Control and Community Protection Act of a defendant, the court
shall determine whether the defendant is employed by a facility
or center as defined under the Child Care Act of 1969, a public
or private elementary or secondary school, or otherwise works
with children under 18 years of age on a daily basis. When a
defendant is so employed, the court shall order the Clerk of
the Court to send a copy of the judgment of conviction or order
of supervision or probation to the defendant's employer by
certified mail. If the employer of the defendant is a school,
the Clerk of the Court shall direct the mailing of a copy of
the judgment of conviction or order of supervision or probation
to the appropriate regional superintendent of schools. The
regional superintendent of schools shall notify the State Board
of Education of any notification under this subsection.
    (j-5) A defendant at least 17 years of age who is convicted
of a felony and who has not been previously convicted of a
misdemeanor or felony and who is sentenced to a term of
imprisonment in the Illinois Department of Corrections shall as
a condition of his or her sentence be required by the court to
attend educational courses designed to prepare the defendant
for a high school diploma and to work toward a high school
diploma or to work toward passing the high school level Test of
General Educational Development (GED) or to work toward
completing a vocational training program offered by the
Department of Corrections. If a defendant fails to complete the
educational training required by his or her sentence during the
term of incarceration, the Prisoner Review Board shall, as a
condition of mandatory supervised release, require the
defendant, at his or her own expense, to pursue a course of
study toward a high school diploma or passage of the GED test.
The Prisoner Review Board shall revoke the mandatory supervised
release of a defendant who wilfully fails to comply with this
subsection (j-5) upon his or her release from confinement in a
penal institution while serving a mandatory supervised release
term; however, the inability of the defendant after making a
good faith effort to obtain financial aid or pay for the
educational training shall not be deemed a wilful failure to
comply. The Prisoner Review Board shall recommit the defendant
whose mandatory supervised release term has been revoked under
this subsection (j-5) as provided in Section 3-3-9. This
subsection (j-5) does not apply to a defendant who has a high
school diploma or has successfully passed the GED test. This
subsection (j-5) does not apply to a defendant who is
determined by the court to be developmentally disabled or
otherwise mentally incapable of completing the educational or
vocational program.
    (k) A court may not impose a sentence or disposition for a
felony or misdemeanor that requires the defendant to be
implanted or injected with or to use any form of birth control.
    (l) (A) Except as provided in paragraph (C) of subsection
    (l), whenever a defendant, who is an alien as defined by
    the Immigration and Nationality Act, is convicted of any
    felony or misdemeanor offense, the court after sentencing
    the defendant may, upon motion of the State's Attorney,
    hold sentence in abeyance and remand the defendant to the
    custody of the Attorney General of the United States or his
    or her designated agent to be deported when:
            (1) a final order of deportation has been issued
        against the defendant pursuant to proceedings under
        the Immigration and Nationality Act, and
            (2) the deportation of the defendant would not
        deprecate the seriousness of the defendant's conduct
        and would not be inconsistent with the ends of justice.
        Otherwise, the defendant shall be sentenced as
    provided in this Chapter V.
        (B) If the defendant has already been sentenced for a
    felony or misdemeanor offense, or has been placed on
    probation under Section 10 of the Cannabis Control Act,
    Section 410 of the Illinois Controlled Substances Act, or
    Section 70 of the Methamphetamine Control and Community
    Protection Act, the court may, upon motion of the State's
    Attorney to suspend the sentence imposed, commit the
    defendant to the custody of the Attorney General of the
    United States or his or her designated agent when:
            (1) a final order of deportation has been issued
        against the defendant pursuant to proceedings under
        the Immigration and Nationality Act, and
            (2) the deportation of the defendant would not
        deprecate the seriousness of the defendant's conduct
        and would not be inconsistent with the ends of justice.
        (C) This subsection (l) does not apply to offenders who
    are subject to the provisions of paragraph (2) of
    subsection (a) of Section 3-6-3.
        (D) Upon motion of the State's Attorney, if a defendant
    sentenced under this Section returns to the jurisdiction of
    the United States, the defendant shall be recommitted to
    the custody of the county from which he or she was
    sentenced. Thereafter, the defendant shall be brought
    before the sentencing court, which may impose any sentence
    that was available under Section 5-5-3 at the time of
    initial sentencing. In addition, the defendant shall not be
    eligible for additional good conduct credit for
    meritorious service as provided under Section 3-6-6.
    (m) A person convicted of criminal defacement of property
under Section 21-1.3 of the Criminal Code of 1961, in which the
property damage exceeds $300 and the property damaged is a
school building, shall be ordered to perform community service
that may include cleanup, removal, or painting over the
defacement.
    (n) The court may sentence a person convicted of a
violation of Section 12-19, 12-21, or 16-1.3 of the Criminal
Code of 1961 (i) to an impact incarceration program if the
person is otherwise eligible for that program under Section
5-8-1.1, (ii) to community service, or (iii) if the person is
an addict or alcoholic, as defined in the Alcoholism and Other
Drug Abuse and Dependency Act, to a substance or alcohol abuse
program licensed under that Act.
    (o) Whenever a person is convicted of a sex offense as
defined in Section 2 of the Sex Offender Registration Act, the
defendant's driver's license or permit shall be subject to
renewal on an annual basis in accordance with the provisions of
license renewal established by the Secretary of State.
(Source: P.A. 93-44, eff. 7-1-03; 93-156, eff. 1-1-04; 93-169,
eff. 7-10-03; 93-301, eff. 1-1-04; 93-419, eff. 1-1-04; 93-546,
eff. 1-1-04; 93-694, eff. 7-9-04; 93-782, eff. 1-1-05; 93-800,
eff. 1-1-05; 93-1014, eff. 1-1-05; 94-72, eff. 1-1-06; 94-556,
eff. 9-11-05; revised 8-19-05.)
 
    Section 99. Effective date. This Act takes effect on
January 1, 2007.