Public Act 096-0348
Public Act 0348 96TH GENERAL ASSEMBLY
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Public Act 096-0348
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| HB0584 Enrolled |
LRB096 05671 RLC 15737 b |
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| AN ACT concerning criminal law.
| Be it enacted by the People of the State of Illinois,
| represented in the General Assembly:
| Section 5. The Criminal Code of 1961 is amended by changing | Section 31-1a as follows:
| (720 ILCS 5/31-1a) (from Ch. 38, par. 31-1a)
| Sec. 31-1a. Disarming a peace officer or correctional | institution
employee. | (a) Disarming a peace officer or correctional institution
| employee. A person who, without the consent of a peace officer | or
correctional institution employee as defined in subsection | (b) of Section 31-1,
takes or attempts to take a weapon from
a | person known to him or her to be
a peace officer or | correctional institution employee, while the peace
officer or | correctional institution employee is engaged in the | performance
of
his or her official duties or from an area | within the
peace officer's or correctional institution | employee's immediate presence
is guilty of a Class 1 2 felony.
| (b) A person who, without the consent of a peace officer or
| correctional institution employee as defined in subsection (b) | of Section 31-1,
attempts to take a weapon from
a person known | to him or her to be
a peace officer or correctional institution | employee, while the peace
officer or correctional institution |
| employee is engaged in the performance
of
his or her official | duties or from an area within the
peace officer's or | correctional institution employee's immediate presence
is | guilty of a Class 2 felony. | (Source: P.A. 93-207, eff. 1-1-04.)
| 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), (c)(1.5), or
(c)(2) of
Section 401 | of that Act which relates to more than 5 grams of a | substance
containing heroin, cocaine, fentanyl, 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.
| (U) A second or subsequent violation of Section | 6-303 of the Illinois Vehicle Code committed while his | or her driver's license, permit, or privilege was | revoked because of a violation of Section 9-3 of the | Criminal Code of 1961, relating to the offense of | reckless homicide, or a similar provision of a law of | another state.
| (V)
A violation of paragraph (4) of subsection (c) | of Section 11-20.3 of the Criminal Code of 1961. | (W) A violation of Section 24-3.5 of the Criminal | Code of 1961.
| (X) A violation of subsection (a) of Section 31-1a | of the Criminal Code of 1961.
| (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 paragraphs (4.3) and (4.8) | 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 paragraphs
(4.5), (4.6), | and (4.9) 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) Except as provided in paragraph (4.10) of this | subsection (c), 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.
| (4.7) A minimum term of imprisonment of not less than | 30 consecutive days, or 300 hours of community service, | shall be imposed for a violation of subsection (a-5) of | Section 6-303 of the Illinois Vehicle Code, as provided in |
| subsection (b-5) of that Section.
| (4.8) A mandatory prison sentence shall be imposed for | a second violation of subsection (a-5) of Section 6-303 of | the Illinois Vehicle Code, as provided in subsection (c-5) | of that Section. The person's driving privileges shall be | revoked for a period of not less than 5 years from the date | of his or her release from prison.
| (4.9) A mandatory prison sentence of not less than 4 | and not more than 15 years shall be imposed for a third | violation of subsection (a-5) of Section 6-303 of the | Illinois Vehicle Code, as provided in subsection (d-2.5) of | that Section. The person's driving privileges shall be | revoked for the remainder of his or her life.
| (4.10) A mandatory prison sentence for a Class 1 felony | shall be imposed, and the person shall be eligible for an | extended term sentence, for a fourth or subsequent | violation of subsection (a-5) of Section 6-303 of the | Illinois Vehicle Code, as provided in subsection (d-3.5) of | that Section. The person's driving privileges shall be | revoked for the remainder of his or her life.
| (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.
| (5.4) In addition to any penalties imposed under | paragraph (5) of this subsection (c), a person convicted of | violating Section 3-707 of the Illinois Vehicle Code shall |
| have his or her driver's license, permit, or privileges | suspended for 3 months and until he or she has paid a | reinstatement fee of $100. | (5.5) In addition to any penalties imposed under | paragraph (5) of this subsection (c), a person convicted of | violating Section 3-707 of the Illinois Vehicle Code during | a period in which his or her driver's license, permit, or | privileges were suspended for a previous violation of that | Section shall have his or her driver's license, permit, or | privileges suspended for an additional 6 months after the | expiration of the original 3-month suspension and until he | or she has paid a reinstatement fee of $100.
| (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.
| (13) A person convicted of or placed on court | supervision for an assault or aggravated assault when the | victim and the offender are family or household members as | defined in Section 103 of the Illinois Domestic Violence | Act of 1986 or convicted of domestic battery or aggravated | domestic battery may be required to attend a Partner Abuse | Intervention Program under protocols set forth by the | Illinois Department of Human Services under such terms and | conditions imposed by the court. The costs of such classes | shall be paid by the offender.
| (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. 94-72, eff. 1-1-06; 94-556, eff. 9-11-05; 94-993, | eff. 1-1-07; 94-1035, eff. 7-1-07; 95-188, eff. 8-16-07; | 95-259, eff. 8-17-07; 95-331, eff. 8-21-07; 95-377, eff. | 1-1-08; 95-579, eff. 6-1-08; 95-876, eff. 8-21-08; 95-882, eff. | 1-1-09.)
| Section 99. Effective date. This Act takes effect upon | becoming law.
|
Effective Date: 8/12/2009
|
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