Public Act 093-0782
 
SB2164 Enrolled LRB093 16664 DRH 42315 b

    AN ACT in relation to vehicles.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Boat Registration and Safety Act is amended
by changing Sections 5-2, 6-1, 11A-3, 11A-4, and 11A-5 as
follows:
 
    (625 ILCS 45/5-2)  (from Ch. 95 1/2, par. 315-2)
    Sec. 5-2. Reckless operation.
    (a) No person shall operate any watercraft, specialty
prop-craft, personal watercraft or manipulate any water skis,
aquaplane, or similar device in such a manner as to willfully
or wantonly endanger the life, limb or property of any person,
to weave through congested traffic, to jump the wake of another
vessel unreasonably or unnecessarily close to the other vessel
or when visibility around the other vessel is obstructed, to
wait until the last possible moment to swerve to avoid
collision, or operate any watercraft so as to approach or pass
another watercraft in such a manner or at such a rate of speed
as to create a hazardous wake or wash.
    (b) A person convicted of committing a violation of this
Section shall be guilty of aggravated reckless operation of a
watercraft if the violation of this Section resulted in great
bodily harm or permanent disability or disfigurement of
another, when the violation was a proximate cause of the
injuries.
(Source: P.A. 87-798.)
 
    (625 ILCS 45/6-1)  (from Ch. 95 1/2, par. 316-1)
    Sec. 6-1. Collisions, accidents, and casualties; reports.
    A. The operator of a vessel involved in a collision,
accident, or other casualty, so far as he can without serious
danger to his own vessel, crew, passengers and guests, if any,
shall render to other persons affected by the collision,
accident, or other casualty assistance as may be practicable
and as may be necessary in order to save them from or minimize
any danger caused by the collision, accident, or other
casualty, and also shall give his name, address, and
identification of his vessel to any person injured and to the
owner of any property damaged in the collision, accident, or
other casualty.
    If the collision, accident, or other casualty has resulted
in the death of or personal injury to any person, failure to
comply with this subsection A is a Class A misdemeanor.
    A-1. Any person who has failed to stop or to comply with
the requirements of subsection A must, as soon as possible but
in no case later than one hour after the collision, accident,
or other casualty, or, if hospitalized and incapacitated from
reporting at any time during that period, as soon as possible
but in no case later than one hour after being discharged from
the hospital, report the date, place, and approximate time of
the collision, accident, or other casualty, the watercraft
operator's name and address, the identification number of the
watercraft, if any, and the names of all other occupants of the
watercraft, at a police station or sheriff's office near the
location where the collision, accident, or other casualty
occurred. A report made as required under this subsection A-1
may not be used, directly or indirectly, as a basis for the
prosecution of any violation of subsection A.
    As used in this Section, personal injury means any injury
requiring treatment beyond first aid.
    Any person failing to comply with this subsection A-1 is
guilty of a Class 4 felony if the collision, accident, or other
casualty does not result in the death of any person. Any person
failing to comply with this subsection A-1 when the collision,
accident, or other casualty results in the death of any person
is guilty of a Class 2 felony, for which the person, if
sentenced to a term of imprisonment, shall be sentenced to a
term of not less than 3 years and not more than 14 years.
    B. In the case of collision, accident, or other casualty
involving a vessel, the operator, if the collision, accident,
or other casualty results in death or injury to a person or
damage to property in excess of $500, shall file with the
Department a full description of the collision, accident, or
other casualty, including information as the Department may by
regulation require. Reports of the accidents must be filed with
the Department on a Department Accident Report form within 5
days.
    C. Reports of accidents resulting in personal injury, where
a person is incapacitated for a period exceeding 72 hours, must
be filed with the Department on a Department Accident Report
form within 5 days. Accidents that result in loss of life shall
be reported to the Department on a Department form within 48
hours.
    D. All required accident reports and supplemental reports
are without prejudice to the individual reporting, and are for
the confidential use of the Department, except that the
Department may disclose the identity of a person involved in an
accident when the identity is not otherwise known or when the
person denies his presence at the accident. No report to the
Department may be used as evidence in any trial, civil or
criminal, arising out of an accident, except that the
Department must furnish upon demand of any person who has or
claims to have made a report or upon demand of any court a
certificate showing that a specified accident report has or has
not been made to the Department solely to prove a compliance or
a failure to comply with the requirements that a report be made
to the Department.
    E. (1) Every coroner or medical examiner shall on or before
    the 10th day of each month report in writing to the
    Department the circumstances surrounding the death of any
    person that has occurred as the result of a boating
    accident within the examiner's jurisdiction during the
    preceding calendar month.
        (2) Within 6 hours after a death resulting from a
    boating accident, but in any case not more than 12 hours
    after the occurrence of the boating accident, a blood
    specimen of at least 10 cc shall be withdrawn from the body
    of the decedent by the coroner or medical examiner or by a
    qualified person at the direction of the physician. All
    morticians shall obtain a release from the coroner or
    medical examiner prior to proceeding with embalming any
    body coming under the scope of this Section. The blood so
    drawn shall be forwarded to a laboratory approved by the
    Department of State Police for analysis of the alcoholic
    content of the blood specimen. The coroner or medical
    examiner causing the blood to be withdrawn shall be
    notified of the results of each analysis made and shall
    forward the results of each analysis to the Department. The
    Department shall keep a record of all examinations to be
    used for statistical purposes only. The cumulative results
    of the examinations, without identifying the individuals
    involved, shall be disseminated and made public by the
    Department.
(Source: P.A. 91-828, eff. 1-1-01.)
 
    (625 ILCS 45/11A-3)  (from Ch. 95 1/2, par. 321A-3)
    Sec. 11A-3. Any person who violates any of the provisions
of Section 5-1 or 5-2 of this Act is guilty of a Class B
misdemeanor.
    Any person who violates Section 5-2 of this Act is guilty
of a Class A misdemeanor, except that aggravated reckless
operation of a watercraft is a Class 4 felony.
(Source: P.A. 85-149.)
 
    (625 ILCS 45/11A-4)  (from Ch. 95 1/2, par. 321A-4)
    Sec. 11A-4. Any person who is convicted of a violation of
Sections 5-1, 5-2 or 11A-5 of this Act, in addition to any
other penalties authorized in this Act, may in the discretion
of the court be refused the privilege of operating any
watercraft on any of the waterways of this State for a period
of not less than one year.
    Any person who is convicted of a violation of Section 5-2
of this Act or subsection A-1 of Section 6-1 of this Act, in
addition to any other penalties authorized in this Act, shall
have his or her privilege of operating any watercraft on any of
the waterways of this State suspended by the Department for a
period of not less than one year.
(Source: P.A. 85-149.)
 
    (625 ILCS 45/11A-5)  (from Ch. 95 1/2, par. 321A-5)
    Sec. 11A-5. Any person who operates any watercraft during
the period when he is denied the privilege to so operate is
guilty of a Class A misdemeanor for a first offense and a Class
4 felony for a second or subsequent offense.
(Source: P.A. 85-149.)
 
    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) 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.
    Whenever an individual is sentenced for an offense based
upon an arrest for a violation of Section 11-501 of the
Illinois Vehicle Code, or a similar provision of a local
ordinance, and the professional evaluation recommends remedial
or rehabilitative treatment or education, neither the
treatment nor the education shall be the sole disposition and
either or both may be imposed only in conjunction with another
disposition. The court shall monitor compliance with any
remedial education or treatment recommendations contained in
the professional evaluation. Programs conducting alcohol or
other drug evaluation or remedial education must be licensed by
the Department of Human Services. However, if the individual is
not a resident of Illinois, the court may accept an alcohol or
other drug evaluation or remedial education program in the
state of such individual's residence. Programs providing
treatment must be licensed under existing applicable
alcoholism and drug treatment licensure standards.
    In addition to any other fine or penalty required by law,
any individual convicted of a violation of Section 11-501 of
the Illinois Vehicle Code, Section 5-7 of the Snowmobile
Registration and Safety Act, Section 5-16 of the Boat
Registration and Safety Act, or a similar provision of local
ordinance, whose operation of a motor vehicle while in
violation of Section 11-501, Section 5-7, Section 5-16, or such
ordinance proximately caused an incident resulting in an
appropriate emergency response, shall be required to make
restitution to a public agency for the costs of that emergency
response. Such restitution shall not exceed $1,000 per public
agency for each such emergency response. For the purpose of
this paragraph, emergency response shall mean any incident
requiring a response by: a police officer as defined under
Section 1-162 of the Illinois Vehicle Code; a fireman carried
on the rolls of a regularly constituted fire department; and an
ambulance as defined under Section 3.85 of the Emergency
Medical Services (EMS) Systems 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.
            (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) A violation of Section 11-501(c-1)(3) of the
        Illinois Vehicle Code.
            (T) A second or subsequent violation of paragraph
        (6.6) of subsection (a), subsection (c-5), or
        subsection (d-5) of Section 401 of the Illinois
        Controlled Substances Act.
        (3) A minimum term of imprisonment of not less than 5
    days or 30 days of community service as may be determined
    by the court shall be imposed for a second violation
    committed within 5 years of a previous violation of Section
    11-501 of the Illinois Vehicle Code or a similar provision
    of a local ordinance. In the case of a third or subsequent
    violation committed within 5 years of a previous violation
    of Section 11-501 of the Illinois Vehicle Code or a similar
    provision of a local ordinance, a minimum term of either 10
    days of imprisonment or 60 days of community service shall
    be imposed.
        (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) A minimum term of 30 consecutive days of
    imprisonment, 40 days of 24 hour periodic imprisonment or
    720 hours of community service, as may be determined by the
    court, shall be imposed for a violation of Section 11-501
    of the Illinois Vehicle Code during a period in which the
    defendant's driving privileges are revoked or suspended,
    where the revocation or suspension was for a violation of
    Section 11-501 or Section 11-501.1 of that Code.
        (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) When a person is convicted of violating Section
    11-501 of the Illinois Vehicle Code or a similar provision
    of a local ordinance, the following penalties apply when
    his or her blood, breath, or urine was .16 or more based on
    the definition of blood, breath, or urine units in Section
    11-501.2 or that person is convicted of violating Section
    11-501 of the Illinois Vehicle Code while transporting a
    child under the age of 16:
            (A) For a first violation of subsection (a) of
        Section 11-501, in addition to any other penalty that
        may be imposed under subsection (c) of Section 11-501:
        a mandatory minimum of 100 hours of community service
        and a minimum fine of $500.
            (B) For a second violation of subsection (a) of
        Section 11-501, in addition to any other penalty that
        may be imposed under subsection (c) of Section 11-501
        within 10 years: a mandatory minimum of 2 days of
        imprisonment and a minimum fine of $1,250.
            (C) For a third violation of subsection (a) of
        Section 11-501, in addition to any other penalty that
        may be imposed under subsection (c) of Section 11-501
        within 20 years: a mandatory minimum of 90 days of
        imprisonment and a minimum fine of $2,500.
            (D) For a fourth or subsequent violation of
        subsection (a) of Section 11-501: ineligibility for a
        sentence of probation or conditional discharge and a
        minimum fine of $2,500.
        (11) 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, or any violation of the Cannabis Control Act
results in conviction, a disposition of court supervision, or
an order of probation granted under Section 10 of the Cannabis
Control Act or Section 410 of the Illinois Controlled Substance
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 or
    Section 410 of the Illinois Controlled Substances 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.
(Source: P.A. 92-183, eff. 7-27-01; 92-248, eff. 8-3-01;
92-283, eff. 1-1-02; 92-340, eff. 8-10-01; 92-418, eff.
8-17-01; 92-422, eff. 8-17-01; 92-651, eff. 7-11-02; 92-698,
eff. 7-19-02; 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; revised 10-9-03.)

Effective Date: 1/1/2005