Public Act 93-0044

HB0572 Enrolled                      LRB093 05569 MBS 05661 b

    AN ACT in relation to criminal law.

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

    Section 5.  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.
         (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 or a  similar  provision  of  local
ordinance,  whose  operation  of  a  motor  vehicle  while in
violation of Section 11-501  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 $500  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  4.05 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,   except   as
         otherwise   provided   in  subsection  (e)  of  this
         Section.
              (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  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.
         (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.
    (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  criminal  sexual
assault  or  aggravated  criminal  sexual abuse under Section
12-13 or 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.
(Source: P.A.  91-357,  eff.  7-29-99;  91-404,  eff. 1-1-00;
91-663, eff. 12-22-99; 91-695,  eff.  4-13-00;  91-953,  eff.
2-23-01;  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; revised 2-17-03.)

    Section 99.  Effective date.  This Act takes effect  July
1, 2003.