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Public Act 093-0782
Public Act 0782 93RD GENERAL ASSEMBLY
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Public Act 093-0782
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| SB2164 Enrolled |
LRB093 16664 DRH 42315 b |
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| 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
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