093_HB0560sam001











                                     LRB093 05558 WGH 15454 a

 1                     AMENDMENT TO HOUSE BILL 560

 2        AMENDMENT NO.     .  Amend House Bill  560  by  replacing
 3    everything after the enacting clause with the following:

 4        "Section  5.  The  Criminal  Code  of  1961 is amended by
 5    changing Section 12-4 and adding Section 21-9 as follows:

 6        (720 ILCS 5/12-4) (from Ch. 38, par. 12-4)
 7        Sec. 12-4. Aggravated Battery.
 8        (a)  A person who, in committing a battery, intentionally
 9    or  knowingly  causes  great  bodily   harm,   or   permanent
10    disability or disfigurement commits aggravated battery.
11        (b)  In committing a battery, a person commits aggravated
12    battery if he or she:
13             (1)  Uses   a   deadly  weapon  other  than  by  the
14        discharge of a firearm;
15             (2)  Is hooded, robed or masked, in such  manner  as
16        to conceal his identity;
17             (3)  Knows  the individual harmed to be a teacher or
18        other person employed in any school and such  teacher  or
19        other employee is upon the grounds of a school or grounds
20        adjacent  thereto,  or  is in any part of a building used
21        for school purposes;
22             (4)  Knows the individual harmed to be a supervisor,
 
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 1        director, instructor or other person employed in any park
 2        district and such  supervisor,  director,  instructor  or
 3        other employee is upon the grounds of the park or grounds
 4        adjacent  thereto,  or  is in any part of a building used
 5        for park purposes;
 6             (5)  Knows the individual harmed to be a caseworker,
 7        investigator, or  other  person  employed  by  the  State
 8        Department  of  Public Aid, a County Department of Public
 9        Aid, or the  Department  of  Human  Services  (acting  as
10        successor  to the Illinois Department of Public Aid under
11        the  Department  of  Human   Services   Act)   and   such
12        caseworker,  investigator,  or  other  person is upon the
13        grounds of  a  public  aid  office  or  grounds  adjacent
14        thereto,  or is in any part of a building used for public
15        aid purposes, or upon the grounds of a home of  a  public
16        aid  applicant,  recipient,  or  any  other  person being
17        interviewed or investigated in the  employee's  discharge
18        of  his  duties, or on grounds adjacent thereto, or is in
19        any part of a building in which the applicant, recipient,
20        or other such person resides or is located;
21             (6)  Knows the  individual  harmed  to  be  a  peace
22        officer,  a  community policing volunteer, a correctional
23        institution employee, an employee of  the  Department  of
24        Human   Services   supervising  or  controlling  sexually
25        dangerous persons  or  sexually  violent  persons,  or  a
26        fireman   while  such  officer,  volunteer,  employee  or
27        fireman is engaged  in  the  execution  of  any  official
28        duties  including  arrest  or  attempted  arrest,  or  to
29        prevent  the officer, volunteer, employee or fireman from
30        performing official duties, or  in  retaliation  for  the
31        officer,   volunteer,   employee  or  fireman  performing
32        official duties, and the battery is committed other  than
33        by the discharge of a firearm;
34             (7)  Knows  the individual harmed to be an emergency
 
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 1        medical  technician  -   ambulance,   emergency   medical
 2        technician - intermediate, emergency medical technician -
 3        paramedic,  ambulance  driver,  other medical assistance,
 4        first aid personnel, or hospital emergency room personnel
 5        engaged in the performance of any of his or her  official
 6        duties,  or to prevent the emergency medical technician -
 7        ambulance, emergency medical technician  -  intermediate,
 8        emergency   medical  technician  -  paramedic,  ambulance
 9        driver, other medical assistance, first aid personnel, or
10        hospital  emergency  room   personnel   from   performing
11        official   duties,   or  in  retaliation  for  performing
12        official duties;
13             (8)  Is, or the person battered is, on  or  about  a
14        public   way,   public   property   or  public  place  of
15        accommodation or amusement;
16             (9)  Knows the individual harmed to be  the  driver,
17        operator,  employee  or  passenger  of any transportation
18        facility  or  system   engaged   in   the   business   of
19        transportation  of the public for hire and the individual
20        assaulted is then performing in  such  capacity  or  then
21        using  such public transportation as a passenger or using
22        any  area  of   any   description   designated   by   the
23        transportation  facility or system as a vehicle boarding,
24        departure, or transfer location;
25             (10)  Knowingly and without legal justification  and
26        by  any  means  causes bodily harm to an individual of 60
27        years of age or older;
28             (11)  Knows the individual harmed is pregnant;
29             (12)  Knows the individual harmed to be a judge whom
30        the person intended to harm as a result  of  the  judge's
31        performance of his or her official duties as a judge;
32             (13)  Knows  the individual harmed to be an employee
33        of  the  Illinois  Department  of  Children  and   Family
34        Services  engaged  in  the  performance of his authorized
 
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 1        duties as such employee;
 2             (14)  Knows the individual harmed to be a person who
 3        is physically handicapped;
 4             (15)  Knowingly and without legal justification  and
 5        by any means causes bodily harm to a merchant who detains
 6        the  person  for  an  alleged  commission of retail theft
 7        under Section 16A-5 of this  Code.  In  this  item  (15),
 8        "merchant"  has  the  meaning  ascribed  to it in Section
 9        16A-2.4 of this Code;
10             (16)  Is, or the person battered is, in any building
11        or other structure  used  to  provide  shelter  or  other
12        services  to  victims  or  to  the  dependent children of
13        victims of domestic violence  pursuant  to  the  Illinois
14        Domestic  Violence  Act  of 1986 or the Domestic Violence
15        Shelters Act, or the person battered is within  500  feet
16        of  such  a building or other structure while going to or
17        from such  a  building  or  other  structure.   "Domestic
18        violence"  has  the meaning ascribed to it in Section 103
19        of the Illinois Domestic Violence Act of 1986.  "Building
20        or  other  structure  used  to  provide  shelter" has the
21        meaning  ascribed  to  "shelter"  in  Section  1  of  the
22        Domestic Violence Shelters Act; or
23             (17)  Knows the individual harmed to be an  employee
24        of  a  police  or  sheriff's  department  engaged  in the
25        performance  of  his  or  her  official  duties  as  such
26        employee; or .
27             (18)  Knows the individual harmed  to  be  a  sports
28        official or coach at any level of competition and the act
29        causing  harm  to  the  sports official or coach occurred
30        within an  athletic  facility  or  within  the  immediate
31        vicinity  of  the  athletic  facility at which the sports
32        official or  coach  was  an  active  participant  in  the
33        athletic  contest held at the athletic facility.  For the
34        purposes of this paragraph (18), "sports official"  means
 
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 1        a person at an athletic contest who enforces the rules of
 2        the  contest,  such  as an umpire or referee, and "coach"
 3        means a person recognized as a coach by  the  sanctioning
 4        authority that conducted the athletic contest.
 5        For  the  purpose  of paragraph (14) of subsection (b) of
 6    this Section, a physically handicapped person is a person who
 7    suffers   from   a   permanent   and    disabling    physical
 8    characteristic,  resulting  from  disease, injury, functional
 9    disorder or congenital condition.
10        (c)  A person who administers to an individual or  causes
11    him  to  take, without his consent or by threat or deception,
12    and  for  other  than  medical  purposes,  any  intoxicating,
13    poisonous, stupefying, narcotic,  anesthetic,  or  controlled
14    substance commits aggravated battery.
15        (d)  A  person  who knowingly gives to another person any
16    food that contains any substance or object that  is  intended
17    to   cause  physical  injury  if  eaten,  commits  aggravated
18    battery.
19        (d-3)  A person commits aggravated battery when he or she
20    knowingly and without lawful justification shines or  flashes
21    a  laser  gunsight  or other laser device that is attached or
22    affixed to a firearm, or used in concert with a  firearm,  so
23    that  the  laser  beam  strikes upon or against the person of
24    another.
25        (d-5)  An inmate of a penal  institution  or  a  sexually
26    dangerous  person or a sexually violent person in the custody
27    of the Department of Human Services who causes or attempts to
28    cause a correctional employee of the penal institution or  an
29    employee  of  the  Department  of Human Services to come into
30    contact with  blood,  seminal  fluid,  urine,  or  feces,  by
31    throwing,  tossing,  or  expelling  that  fluid  or  material
32    commits  aggravated battery.  For purposes of this subsection
33    (d-5), "correctional employee" means a person who is employed
34    by a penal institution.
 
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 1        (e)  Sentence.
 2        Aggravated  battery  is  a  Class  3  felony,  except   a
 3    violation  of  subsection  (a)  is  a Class 2 felony when the
 4    person knows the individual harmed  to  be  a  peace  officer
 5    engaged  in  the  execution  of  any  of  his or her official
 6    duties, or  the  battery  is  to  prevent  the  officer  from
 7    performing  his or her official duties, or in retaliation for
 8    the officer performing his or her official duties.
 9    (Source: P.A. 91-357,  eff.  7-29-99;  91-488,  eff.  1-1-00;
10    91-619,   eff.  1-1-00;  91-672,  eff.  1-1-00;  92-16,  eff.
11    6-28-01; 92-516, eff. 1-1-02; 92-841, eff.  8-22-02;  92-865,
12    eff. 1-3-03; revised 1-9-03.)

13        (720 ILCS 5/21-9 new)
14        Sec. 21-9.  Criminal trespass to   the playing field of a
15    professional sports team.
16        (a)  A person commits the offense of criminal trespass to
17    the  playing  field  of a professional sports team when he or
18    she knowingly and without lawful authority enters or  remains
19    on  the  playing  field  of  a professional sports team after
20    having received notice that entry to  the  playing  field  is
21    forbidden.
22        (b)  A  person  has received notice within the meaning of
23    subsection (a) if he or she  has  been  notified  personally,
24    either  orally  or  in  writing,  or  if a printed or written
25    notice forbidding such entry has been conspicuously posted or
26    exhibited at the entrance to the playing field.
27        (c)  Criminal  trespass  to  the  playing  field   of   a
28    professional sports team is a Class A misdemeanor.

29        Section  10.   The Unified Code of Corrections is amended
30    by changing Section 5-5-3 as follows:

31        (730 ILCS 5/5-5-3) (from Ch. 38, par. 1005-5-3)
 
                            -7-      LRB093 05558 WGH 15454 a
 1        Sec. 5-5-3.  Disposition.
 2        (a)  Every  person  convicted  of  an  offense  shall  be
 3    sentenced as provided in this Section.
 4        (b)  The   following   options   shall   be   appropriate
 5    dispositions, alone or in combination, for all  felonies  and
 6    misdemeanors other than those identified in subsection (c) of
 7    this Section:
 8             (1)  A period of probation.
 9             (2)  A term of periodic imprisonment.
10             (3)  A term of conditional discharge.
11             (4)  A term of imprisonment.
12             (5)  An order directing the offender to clean up and
13        repair  the  damage,  if the offender was convicted under
14        paragraph (h) of Section 21-1 of  the  Criminal  Code  of
15        1961.
16             (6)  A fine.
17             (7)  An   order   directing  the  offender  to  make
18        restitution to the victim under  Section  5-5-6  of  this
19        Code.
20             (8)  A  sentence of participation in a county impact
21        incarceration program under Section 5-8-1.2 of this Code.
22        Whenever an individual is sentenced for an offense  based
23    upon  an  arrest  for  a  violation  of Section 11-501 of the
24    Illinois Vehicle Code, or a  similar  provision  of  a  local
25    ordinance,   and   the   professional  evaluation  recommends
26    remedial or rehabilitative treatment  or  education,  neither
27    the treatment nor the education shall be the sole disposition
28    and  either  or  both may be imposed only in conjunction with
29    another disposition. The court shall monitor compliance  with
30    any remedial education or treatment recommendations contained
31    in  the professional evaluation.  Programs conducting alcohol
32    or other  drug  evaluation  or  remedial  education  must  be
33    licensed  by  the  Department of Human Services.  However, if
34    the individual is not a resident of Illinois, the  court  may
 
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 1    accept  an  alcohol  or  other  drug  evaluation  or remedial
 2    education  program  in  the  state   of   such   individual's
 3    residence.   Programs  providing  treatment  must be licensed
 4    under  existing  applicable  alcoholism  and  drug  treatment
 5    licensure standards.
 6        In addition to any other fine or penalty required by law,
 7    any individual convicted of a violation of Section 11-501  of
 8    the  Illinois  Vehicle  Code  or a similar provision of local
 9    ordinance, whose  operation  of  a  motor  vehicle  while  in
10    violation  of  Section  11-501  or such ordinance proximately
11    caused an incident  resulting  in  an  appropriate  emergency
12    response,  shall  be required to make restitution to a public
13    agency for  the  costs  of  that  emergency  response.   Such
14    restitution  shall not exceed $500 per public agency for each
15    such emergency response.  For the purpose of this  paragraph,
16    emergency  response  shall  mean  any  incident  requiring  a
17    response  by: a police officer as defined under Section 1-162
18    of the Illinois Vehicle Code; a fireman carried on the  rolls
19    of  a regularly constituted fire department; and an ambulance
20    as defined under Section 3.85 4.05 of the  Emergency  Medical
21    Services (EMS) Systems Act.
22        Neither   a  fine  nor  restitution  shall  be  the  sole
23    disposition for a felony and either or both  may  be  imposed
24    only in conjunction with another disposition.
25        (c) (1)  When a defendant is found guilty of first degree
26        murder   the   State   may  either  seek  a  sentence  of
27        imprisonment under Section 5-8-1 of this Code,  or  where
28        appropriate seek a sentence of death under Section 9-1 of
29        the Criminal Code of 1961.
30             (2)  A  period  of  probation,  a  term  of periodic
31        imprisonment  or  conditional  discharge  shall  not   be
32        imposed  for  the  following  offenses.  The  court shall
33        sentence the offender to not less than the  minimum  term
34        of  imprisonment set forth in this Code for the following
 
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 1        offenses, and may order a fine or restitution or both  in
 2        conjunction with such term of imprisonment:
 3                  (A)  First   degree   murder  where  the  death
 4             penalty is not imposed.
 5                  (B)  Attempted first degree murder.
 6                  (C)  A Class X felony.
 7                  (D)  A violation of Section 401.1 or 407 of the
 8             Illinois Controlled Substances Act, or  a  violation
 9             of  subdivision  (c)(1)  or (c)(2) of Section 401 of
10             that Act which relates to more than  5  grams  of  a
11             substance  containing heroin or cocaine or an analog
12             thereof.
13                  (E)  A violation of Section 5.1  or  9  of  the
14             Cannabis Control Act.
15                  (F)  A   Class  2  or  greater  felony  if  the
16             offender had been convicted of a Class 2 or  greater
17             felony  within  10  years  of  the date on which the
18             offender committed the offense for which he  or  she
19             is  being sentenced, except as otherwise provided in
20             Section 40-10 of the Alcoholism and Other Drug Abuse
21             and Dependency Act.
22                  (G)  Residential burglary, except as  otherwise
23             provided  in  Section  40-10  of  the Alcoholism and
24             Other Drug Abuse and Dependency Act.
25                  (H)  Criminal   sexual   assault,   except   as
26             otherwise  provided  in  subsection  (e)   of   this
27             Section.
28                  (I)  Aggravated battery of a senior citizen.
29                  (J)  A  forcible  felony  if  the  offense  was
30             related to the activities of an organized gang.
31                  Before  July  1, 1994, for the purposes of this
32             paragraph, "organized gang" means an association  of
33             5  or  more  persons, with an established hierarchy,
34             that  encourages  members  of  the  association   to
 
                            -10-     LRB093 05558 WGH 15454 a
 1             perpetrate crimes or provides support to the members
 2             of the association who do commit crimes.
 3                  Beginning  July  1,  1994,  for the purposes of
 4             this paragraph, "organized  gang"  has  the  meaning
 5             ascribed  to  it  in  Section  10  of  the  Illinois
 6             Streetgang Terrorism Omnibus Prevention Act.
 7                  (K)  Vehicular hijacking.
 8                  (L)  A  second or subsequent conviction for the
 9             offense of hate crime when  the  underlying  offense
10             upon  which  the  hate  crime  is  based  is  felony
11             aggravated assault or felony mob action.
12                  (M)  A  second or subsequent conviction for the
13             offense of institutional vandalism if the damage  to
14             the property exceeds $300.
15                  (N)  A  Class  3  felony violation of paragraph
16             (1) of subsection (a) of Section 2  of  the  Firearm
17             Owners Identification Card Act.
18                  (O)  A  violation  of  Section  12-6.1  of  the
19             Criminal Code of 1961.
20                  (P)  A  violation  of  paragraph (1), (2), (3),
21             (4), (5),  or  (7)  of  subsection  (a)  of  Section
22             11-20.1 of the Criminal Code of 1961.
23                  (Q)  A  violation  of  Section  20-1.2  of  the
24             Criminal Code of 1961.
25                  (R)  A   violation  of  Section  24-3A  of  the
26             Criminal Code of 1961.
27                  (S)  A violation of Section  11-501(c-1)(3)  of
28             the Illinois Vehicle Code.
29             (3)  A minimum term of imprisonment of not less than
30        5  days  or  30  days  of  community  service  as  may be
31        determined by the court shall be  imposed  for  a  second
32        violation   committed   within  5  years  of  a  previous
33        violation of Section 11-501 of the Illinois Vehicle  Code
34        or  a similar provision of a local ordinance. In the case
 
                            -11-     LRB093 05558 WGH 15454 a
 1        of a third or subsequent  violation  committed  within  5
 2        years  of  a  previous violation of Section 11-501 of the
 3        Illinois Vehicle Code or a similar provision of  a  local
 4        ordinance,   a   minimum   term  of  either  10  days  of
 5        imprisonment or 60 days of  community  service  shall  be
 6        imposed.
 7             (4)  A minimum term of imprisonment of not less than
 8        10 consecutive days or 30 days of community service shall
 9        be  imposed  for  a violation of paragraph (c) of Section
10        6-303 of the Illinois Vehicle Code.
11             (4.1)  A minimum term  of  30  consecutive  days  of
12        imprisonment, 40 days of 24 hour periodic imprisonment or
13        720  hours  of community service, as may be determined by
14        the court, shall be imposed for a  violation  of  Section
15        11-501  of  the  Illinois Vehicle Code during a period in
16        which the defendant's driving privileges are  revoked  or
17        suspended,  where  the revocation or suspension was for a
18        violation of Section 11-501 or Section 11-501.1  of  that
19        Code.
20             (4.2)  Except as provided in paragraph (4.3) of this
21        subsection  (c),  a  minimum  of  100  hours of community
22        service shall  be  imposed  for  a  second  violation  of
23        Section 6-303 of the Illinois Vehicle Code.
24             (4.3)  A  minimum term of imprisonment of 30 days or
25        300 hours of community  service,  as  determined  by  the
26        court,  shall  be  imposed  for  a  second  violation  of
27        subsection  (c)  of Section 6-303 of the Illinois Vehicle
28        Code.
29             (4.4)  Except as provided  in  paragraph  (4.5)  and
30        paragraph (4.6) of this subsection (c), a minimum term of
31        imprisonment  of  30  days  or  300  hours  of  community
32        service, as determined by the court, shall be imposed for
33        a  third  or subsequent violation of Section 6-303 of the
34        Illinois Vehicle Code.
 
                            -12-     LRB093 05558 WGH 15454 a
 1             (4.5)  A minimum term of  imprisonment  of  30  days
 2        shall  be imposed for a third violation of subsection (c)
 3        of Section 6-303 of the Illinois Vehicle Code.
 4             (4.6)  A minimum term of imprisonment  of  180  days
 5        shall  be imposed for a fourth or subsequent violation of
 6        subsection (c) of Section 6-303 of the  Illinois  Vehicle
 7        Code.
 8             (5)  The court may sentence an offender convicted of
 9        a business offense or a petty offense or a corporation or
10        unincorporated association convicted of any offense to:
11                  (A)  a period of conditional discharge;
12                  (B)  a fine;
13                  (C)  make   restitution  to  the  victim  under
14             Section 5-5-6 of this Code.
15             (5.1)  In addition to any  penalties  imposed  under
16        paragraph  (5)  of  this  subsection  (c),  and except as
17        provided in paragraph (5.2) or (5.3), a person  convicted
18        of  violating  subsection  (c)  of  Section 11-907 of the
19        Illinois Vehicle Code shall  have  his  or  her  driver's
20        license,  permit, or privileges suspended for at least 90
21        days but  not  more  than  one  year,  if  the  violation
22        resulted in damage to the property of another person.
23             (5.2)  In  addition  to  any penalties imposed under
24        paragraph (5) of  this  subsection  (c),  and  except  as
25        provided  in  paragraph  (5.3),  a  person  convicted  of
26        violating   subsection  (c)  of  Section  11-907  of  the
27        Illinois Vehicle Code shall  have  his  or  her  driver's
28        license, permit, or privileges suspended for at least 180
29        days but not more than 2 years, if the violation resulted
30        in injury to another person.
31             (5.3)  In  addition  to  any penalties imposed under
32        paragraph (5) of this subsection (c), a person  convicted
33        of  violating  subsection  (c)  of  Section 11-907 of the
34        Illinois Vehicle Code shall  have  his  or  her  driver's
 
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 1        license,  permit, or privileges suspended for 2 years, if
 2        the violation resulted in the death of another person.
 3             (6)  In no case shall an offender be eligible for  a
 4        disposition  of  probation or conditional discharge for a
 5        Class 1 felony committed while he was serving a  term  of
 6        probation or conditional discharge for a felony.
 7             (7)  When   a   defendant  is  adjudged  a  habitual
 8        criminal under Article 33B of the Criminal Code of  1961,
 9        the  court  shall  sentence  the  defendant  to a term of
10        natural life imprisonment.
11             (8)  When a defendant, over the age of 21 years,  is
12        convicted  of  a  Class 1 or Class 2 felony, after having
13        twice been convicted in any state or federal court of  an
14        offense that contains the same elements as an offense now
15        classified  in  Illinois  as  a  Class 2 or greater Class
16        felony and such charges are separately brought and  tried
17        and arise out of different series of acts, such defendant
18        shall  be sentenced as a Class X offender. This paragraph
19        shall not apply unless (1) the first felony was committed
20        after the effective date of this amendatory Act of  1977;
21        and  (2) the second felony was committed after conviction
22        on the first; and (3)  the  third  felony  was  committed
23        after  conviction  on the second. A person sentenced as a
24        Class X offender under this paragraph is not eligible  to
25        apply  for  treatment  as  a  condition  of  probation as
26        provided by Section 40-10 of  the  Alcoholism  and  Other
27        Drug Abuse and Dependency Act.
28             (9)  A defendant convicted of a second or subsequent
29        offense  of  ritualized abuse of a child may be sentenced
30        to a term of natural life imprisonment.
31             (10)  When  a  person  is  convicted  of   violating
32        Section  11-501 of the Illinois Vehicle Code or a similar
33        provision of a local ordinance, the  following  penalties
34        apply  when his or her blood, breath, or urine was .16 or
 
                            -14-     LRB093 05558 WGH 15454 a
 1        more based on the definition of blood, breath,  or  urine
 2        units  in Section 11-501.2 or that person is convicted of
 3        violating Section 11-501 of  the  Illinois  Vehicle  Code
 4        while transporting a child under the age of 16:
 5                  (A)  For a first violation of subsection (a) of
 6             Section  11-501,  in  addition  to any other penalty
 7             that may be imposed under subsection (c) of  Section
 8             11-501:   a   mandatory  minimum  of  100  hours  of
 9             community service and a minimum fine of $500.
10                  (B)  For a second violation of  subsection  (a)
11             of  Section 11-501, in addition to any other penalty
12             that may be imposed under subsection (c) of  Section
13             11-501  within  10  years:  a mandatory minimum of 2
14             days of imprisonment and a minimum fine of $1,250.
15                  (C)  For a third violation of subsection (a) of
16             Section 11-501, in addition  to  any  other  penalty
17             that  may be imposed under subsection (c) of Section
18             11-501 within 20 years: a mandatory  minimum  of  90
19             days of imprisonment and a minimum fine of $2,500.
20                  (D)  For  a  fourth  or subsequent violation of
21             subsection (a) of Section 11-501: ineligibility  for
22             a sentence of probation or conditional discharge and
23             a minimum fine of $2,500.
24             (11)  The  court  shall  impose  a  minimum  fine of
25        $1,000 for a first offense and $2,000  for  a  second  or
26        subsequent  offense  upon a person convicted of or placed
27        on supervision for (1) criminal trespass to  the  playing
28        field  of  a  professional sports team or for (2) battery
29        when the individual harmed was a sports official or coach
30        at any level of competition and the act causing  harm  to
31        the  sports official occurred within an athletic facility
32        or within the immediate vicinity of the athletic facility
33        at which the sports  official  or  coach  was  an  active
34        participant  of the athletic contest held at the athletic
 
                            -15-     LRB093 05558 WGH 15454 a
 1        facility.  The court shall require a person convicted  of
 2        or  placed  on  supervision  for a violation described in
 3        this paragraph (11) to undergo an alcohol or  drug  abuse
 4        evaluation.  For  the  purposes  of  this paragraph (11),
 5        "sports official" means a person at an  athletic  contest
 6        who  enforces the rules of the contest, such as an umpire
 7        or referee and "coach" means a  person  recognized  as  a
 8        coach  by  the  sanctioning  authority that conducted the
 9        sporting event.
10        (d)  In any case in which a sentence  originally  imposed
11    is  vacated,  the  case shall be remanded to the trial court.
12    The trial court shall hold a hearing under Section  5-4-1  of
13    the Unified Code of Corrections which may include evidence of
14    the  defendant's  life, moral character and occupation during
15    the time since the original sentence was passed.   The  trial
16    court  shall  then  impose  sentence upon the defendant.  The
17    trial court may impose any sentence  which  could  have  been
18    imposed at the original trial subject to Section 5-5-4 of the
19    Unified  Code  of  Corrections.  If  a sentence is vacated on
20    appeal or on collateral attack due  to  the  failure  of  the
21    trier of fact at trial to determine beyond a reasonable doubt
22    the  existence  of  a  fact  (other  than a prior conviction)
23    necessary to increase the punishment for the  offense  beyond
24    the   statutory  maximum  otherwise  applicable,  either  the
25    defendant may be re-sentenced to  a  term  within  the  range
26    otherwise  provided  or,  if  the  State  files notice of its
27    intention to again seek the extended sentence, the  defendant
28    shall be afforded a new trial.
29        (e)  In  cases  where  prosecution  for  criminal  sexual
30    assault  or  aggravated  criminal  sexual abuse under Section
31    12-13 or 12-16 of  the  Criminal  Code  of  1961  results  in
32    conviction  of  a  defendant  who  was a family member of the
33    victim at the time of the  commission  of  the  offense,  the
34    court shall consider the safety and welfare of the victim and
 
                            -16-     LRB093 05558 WGH 15454 a
 1    may impose a sentence of probation only where:
 2             (1)  the   court  finds  (A)  or  (B)  or  both  are
 3        appropriate:
 4                  (A)  the defendant  is  willing  to  undergo  a
 5             court  approved  counseling  program  for  a minimum
 6             duration of 2 years; or
 7                  (B)  the defendant is willing to participate in
 8             a court approved plan including but not  limited  to
 9             the defendant's:
10                       (i)  removal from the household;
11                       (ii)  restricted contact with the victim;
12                       (iii)  continued  financial support of the
13                  family;
14                       (iv)  restitution for  harm  done  to  the
15                  victim; and
16                       (v)  compliance  with  any  other measures
17                  that the court may deem appropriate; and
18             (2)  the court orders the defendant to pay  for  the
19        victim's  counseling  services,  to  the  extent that the
20        court finds, after considering the defendant's income and
21        assets, that the  defendant  is  financially  capable  of
22        paying  for  such  services,  if  the victim was under 18
23        years of age at the time the offense  was  committed  and
24        requires counseling as a result of the offense.
25        Probation  may be revoked or modified pursuant to Section
26    5-6-4; except where the court determines at the hearing  that
27    the  defendant  violated  a condition of his or her probation
28    restricting contact with the victim or other  family  members
29    or  commits  another  offense with the victim or other family
30    members, the court shall revoke the defendant's probation and
31    impose a term of imprisonment.
32        For the purposes of this  Section,  "family  member"  and
33    "victim"  shall have the meanings ascribed to them in Section
34    12-12 of the Criminal Code of 1961.
 
                            -17-     LRB093 05558 WGH 15454 a
 1        (f)  This Article shall not  deprive  a  court  in  other
 2    proceedings  to order a forfeiture of property, to suspend or
 3    cancel a license, to remove  a  person  from  office,  or  to
 4    impose any other civil penalty.
 5        (g)  Whenever  a  defendant  is  convicted  of an offense
 6    under Sections 11-14, 11-15, 11-15.1,  11-16,  11-17,  11-18,
 7    11-18.1,  11-19,  11-19.1,  11-19.2,  12-13,  12-14, 12-14.1,
 8    12-15 or 12-16 of the Criminal Code of  1961,  the  defendant
 9    shall  undergo  medical  testing  to  determine  whether  the
10    defendant has any sexually transmissible disease, including a
11    test for infection with human immunodeficiency virus (HIV) or
12    any    other   identified   causative   agent   of   acquired
13    immunodeficiency syndrome  (AIDS).   Any  such  medical  test
14    shall  be  performed  only  by appropriately licensed medical
15    practitioners and may  include  an  analysis  of  any  bodily
16    fluids  as  well as an examination of the defendant's person.
17    Except as otherwise provided by law, the results of such test
18    shall be kept strictly confidential by all medical  personnel
19    involved in the testing and must be personally delivered in a
20    sealed  envelope  to  the  judge  of  the  court in which the
21    conviction was entered for the judge's inspection in  camera.
22    Acting  in  accordance  with the best interests of the victim
23    and the public,  the  judge  shall  have  the  discretion  to
24    determine  to whom, if anyone, the results of the testing may
25    be revealed. The court shall notify the defendant of the test
26    results.  The court shall also notify the victim if requested
27    by the victim, and if the victim is under the age of  15  and
28    if  requested  by the victim's parents or legal guardian, the
29    court shall notify the victim's parents or legal guardian  of
30    the test results.  The court shall provide information on the
31    availability  of  HIV testing and counseling at Department of
32    Public Health facilities to all parties to whom  the  results
33    of  the  testing  are  revealed  and shall direct the State's
34    Attorney to  provide  the  information  to  the  victim  when
 
                            -18-     LRB093 05558 WGH 15454 a
 1    possible. A State's Attorney may petition the court to obtain
 2    the  results of any HIV test administered under this Section,
 3    and the court shall  grant  the  disclosure  if  the  State's
 4    Attorney  shows it is relevant in order to prosecute a charge
 5    of criminal transmission of HIV under Section 12-16.2 of  the
 6    Criminal Code of 1961 against the defendant.  The court shall
 7    order  that  the  cost  of any such test shall be paid by the
 8    county and may  be  taxed  as  costs  against  the  convicted
 9    defendant.
10        (g-5)  When   an   inmate   is  tested  for  an  airborne
11    communicable  disease,  as   determined   by   the   Illinois
12    Department  of  Public  Health  including  but not limited to
13    tuberculosis, the results of the  test  shall  be  personally
14    delivered  by  the  warden or his or her designee in a sealed
15    envelope to the judge of the court in which the  inmate  must
16    appear  for  the judge's inspection in camera if requested by
17    the judge.  Acting in accordance with the best  interests  of
18    those  in  the courtroom, the judge shall have the discretion
19    to determine what if any precautions  need  to  be  taken  to
20    prevent transmission of the disease in the courtroom.
21        (h)  Whenever  a  defendant  is  convicted  of an offense
22    under Section 1 or 2 of the Hypodermic Syringes  and  Needles
23    Act, the defendant shall undergo medical testing to determine
24    whether   the   defendant   has   been   exposed   to   human
25    immunodeficiency   virus   (HIV)   or  any  other  identified
26    causative agent of acquired immunodeficiency syndrome (AIDS).
27    Except as otherwise provided by law, the results of such test
28    shall be kept strictly confidential by all medical  personnel
29    involved in the testing and must be personally delivered in a
30    sealed  envelope  to  the  judge  of  the  court in which the
31    conviction was entered for the judge's inspection in  camera.
32    Acting  in  accordance with the best interests of the public,
33    the judge shall have the discretion to determine to whom,  if
34    anyone, the results of the testing may be revealed. The court
 
                            -19-     LRB093 05558 WGH 15454 a
 1    shall  notify  the  defendant  of  a positive test showing an
 2    infection with the human immunodeficiency  virus  (HIV).  The
 3    court  shall  provide  information on the availability of HIV
 4    testing  and  counseling  at  Department  of  Public   Health
 5    facilities  to all parties to whom the results of the testing
 6    are revealed and shall direct the State's Attorney to provide
 7    the information  to  the  victim  when  possible.  A  State's
 8    Attorney  may petition the court to obtain the results of any
 9    HIV test administered under  this   Section,  and  the  court
10    shall  grant  the disclosure if the State's Attorney shows it
11    is relevant in  order  to  prosecute  a  charge  of  criminal
12    transmission  of  HIV  under  Section 12-16.2 of the Criminal
13    Code of 1961 against the defendant.  The  court  shall  order
14    that  the  cost  of any such test shall be paid by the county
15    and may be taxed as costs against the convicted defendant.
16        (i)  All fines and penalties imposed under  this  Section
17    for any violation of Chapters 3, 4, 6, and 11 of the Illinois
18    Vehicle  Code,  or  a similar provision of a local ordinance,
19    and any violation of the Child Passenger Protection Act, or a
20    similar provision of a local ordinance,  shall  be  collected
21    and  disbursed by the circuit clerk as provided under Section
22    27.5 of the Clerks of Courts Act.
23        (j)  In cases  when  prosecution  for  any  violation  of
24    Section  11-6,  11-8,  11-9,  11-11,  11-14,  11-15, 11-15.1,
25    11-16,  11-17,  11-17.1,  11-18,  11-18.1,  11-19,   11-19.1,
26    11-19.2,  11-20.1,  11-21,  12-13,  12-14, 12-14.1, 12-15, or
27    12-16 of the Criminal Code of  1961,  any  violation  of  the
28    Illinois  Controlled  Substances Act, or any violation of the
29    Cannabis Control Act results in conviction, a disposition  of
30    court  supervision,  or  an  order of probation granted under
31    Section 10 of the Cannabis Control Act or Section 410 of  the
32    Illinois  Controlled  Substance Act of a defendant, the court
33    shall determine  whether  the  defendant  is  employed  by  a
34    facility  or  center  as  defined under the Child Care Act of
 
                            -20-     LRB093 05558 WGH 15454 a
 1    1969, a public or private elementary or secondary school,  or
 2    otherwise  works  with  children  under  18 years of age on a
 3    daily basis.  When a defendant  is  so  employed,  the  court
 4    shall  order  the  Clerk  of  the Court to send a copy of the
 5    judgment of conviction or order of supervision  or  probation
 6    to  the  defendant's  employer  by  certified  mail.  If  the
 7    employer of the defendant is a school, the Clerk of the Court
 8    shall  direct  the  mailing  of  a  copy  of  the judgment of
 9    conviction or  order  of  supervision  or  probation  to  the
10    appropriate regional superintendent of schools.  The regional
11    superintendent  of  schools  shall  notify the State Board of
12    Education of any notification under this subsection.
13        (j-5)  A defendant at  least  17  years  of  age  who  is
14    convicted  of  a  felony  and  who  has  not  been previously
15    convicted of a misdemeanor or felony and who is sentenced  to
16    a   term  of  imprisonment  in  the  Illinois  Department  of
17    Corrections shall as a condition of his or  her  sentence  be
18    required  by the court to attend educational courses designed
19    to prepare the defendant for a high  school  diploma  and  to
20    work  toward  a high school diploma or to work toward passing
21    the high school level Test of General Educational Development
22    (GED) or to work  toward  completing  a  vocational  training
23    program  offered  by  the  Department  of  Corrections.  If a
24    defendant fails to complete the educational training required
25    by his or her sentence during the term of incarceration,  the
26    Prisoner  Review  Board  shall,  as  a condition of mandatory
27    supervised release, require the defendant, at his or her  own
28    expense,  to  pursue  a  course of study toward a high school
29    diploma or passage of the  GED  test.   The  Prisoner  Review
30    Board  shall  revoke  the  mandatory  supervised release of a
31    defendant who wilfully fails to comply with  this  subsection
32    (j-5)  upon  his  or  her release from confinement in a penal
33    institution while  serving  a  mandatory  supervised  release
34    term;  however, the inability of the defendant after making a
 
                            -21-     LRB093 05558 WGH 15454 a
 1    good faith effort to obtain financial  aid  or  pay  for  the
 2    educational  training shall not be deemed a wilful failure to
 3    comply.   The  Prisoner  Review  Board  shall  recommit   the
 4    defendant  whose  mandatory  supervised release term has been
 5    revoked under this subsection (j-5) as  provided  in  Section
 6    3-3-9.   This  subsection (j-5) does not apply to a defendant
 7    who has a high school diploma or has successfully passed  the
 8    GED test. This subsection (j-5) does not apply to a defendant
 9    who is determined by the court to be developmentally disabled
10    or otherwise mentally incapable of completing the educational
11    or vocational program.
12        (k)  A court may not impose a sentence or disposition for
13    a  felony  or  misdemeanor  that requires the defendant to be
14    implanted or injected with  or  to  use  any  form  of  birth
15    control.
16        (l) (A)  Except   as   provided   in   paragraph  (C)  of
17        subsection (l), whenever a defendant, who is an alien  as
18        defined  by  the  Immigration  and  Nationality  Act,  is
19        convicted of any felony or misdemeanor offense, the court
20        after  sentencing  the  defendant may, upon motion of the
21        State's Attorney, hold sentence in  abeyance  and  remand
22        the  defendant  to the custody of the Attorney General of
23        the United States or his or her designated  agent  to  be
24        deported when:
25                  (1)  a  final  order  of  deportation  has been
26             issued against the defendant pursuant to proceedings
27             under the Immigration and Nationality Act, and
28                  (2)  the deportation of the defendant would not
29             deprecate the seriousness of the defendant's conduct
30             and would not  be  inconsistent  with  the  ends  of
31             justice.
32             Otherwise,  the  defendant  shall  be  sentenced  as
33        provided in this Chapter V.
34             (B)  If the defendant has already been sentenced for
 
                            -22-     LRB093 05558 WGH 15454 a
 1        a  felony  or  misdemeanor offense, or has been placed on
 2        probation under Section 10 of the Cannabis Control Act or
 3        Section 410 of the Illinois  Controlled  Substances  Act,
 4        the  court  may,  upon  motion of the State's Attorney to
 5        suspend the sentence imposed, commit the defendant to the
 6        custody of the Attorney General of the United  States  or
 7        his or her designated agent when:
 8                  (1)  a  final  order  of  deportation  has been
 9             issued against the defendant pursuant to proceedings
10             under the Immigration and Nationality Act, and
11                  (2)  the deportation of the defendant would not
12             deprecate the seriousness of the defendant's conduct
13             and would not  be  inconsistent  with  the  ends  of
14             justice.
15             (C)  This subsection (l) does not apply to offenders
16        who  are  subject  to  the provisions of paragraph (2) of
17        subsection (a) of Section 3-6-3.
18             (D)  Upon motion  of  the  State's  Attorney,  if  a
19        defendant  sentenced  under  this  Section returns to the
20        jurisdiction of the United States, the defendant shall be
21        recommitted to the custody of the county from which he or
22        she was sentenced. Thereafter,  the  defendant  shall  be
23        brought before the sentencing court, which may impose any
24        sentence  that  was  available under Section 5-5-3 at the
25        time of initial sentencing.  In addition,  the  defendant
26        shall  not be eligible for additional good conduct credit
27        for meritorious service as provided under Section 3-6-6.
28        (m)  A  person  convicted  of  criminal   defacement   of
29    property  under  Section 21-1.3 of the Criminal Code of 1961,
30    in which the property damage exceeds $300  and  the  property
31    damaged  is  a  school  building, shall be ordered to perform
32    community service  that  may  include  cleanup,  removal,  or
33    painting over the defacement.
34    (Source: P.A.  91-357,  eff.  7-29-99;  91-404,  eff. 1-1-00;
 
                            -23-     LRB093 05558 WGH 15454 a
 1    91-663, eff. 12-22-99; 91-695,  eff.  4-13-00;  91-953,  eff.
 2    2-23-01;  92-183,  eff. 7-27-01; 92-248, eff. 8-3-01; 92-283,
 3    eff. 1-1-02; 92-340,  eff.  8-10-01;  92-418,  eff.  8-17-01;
 4    92-422,  eff.  8-17-01;  92-651,  eff.  7-11-02; 92-698, eff.
 5    7-19-02; revised 2-17-03.)

 6        Section 99.  Effective date.  This Act takes effect  upon
 7    becoming law.".