093_HB0572enr HB0572 Enrolled LRB093 05569 MBS 05661 b 1 AN ACT in relation to criminal law. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Unified Code of Corrections is amended by 5 changing Section 5-5-3 as follows: 6 (730 ILCS 5/5-5-3) (from Ch. 38, par. 1005-5-3) 7 Sec. 5-5-3. Disposition. 8 (a) Every person convicted of an offense shall be 9 sentenced as provided in this Section. 10 (b) The following options shall be appropriate 11 dispositions, alone or in combination, for all felonies and 12 misdemeanors other than those identified in subsection (c) of 13 this Section: 14 (1) A period of probation. 15 (2) A term of periodic imprisonment. 16 (3) A term of conditional discharge. 17 (4) A term of imprisonment. 18 (5) An order directing the offender to clean up and 19 repair the damage, if the offender was convicted under 20 paragraph (h) of Section 21-1 of the Criminal Code of 21 1961. 22 (6) A fine. 23 (7) An order directing the offender to make 24 restitution to the victim under Section 5-5-6 of this 25 Code. 26 (8) A sentence of participation in a county impact 27 incarceration program under Section 5-8-1.2 of this Code. 28 Whenever an individual is sentenced for an offense based 29 upon an arrest for a violation of Section 11-501 of the 30 Illinois Vehicle Code, or a similar provision of a local 31 ordinance, and the professional evaluation recommends HB0572 Enrolled -2- LRB093 05569 MBS 05661 b 1 remedial or rehabilitative treatment or education, neither 2 the treatment nor the education shall be the sole disposition 3 and either or both may be imposed only in conjunction with 4 another disposition. The court shall monitor compliance with 5 any remedial education or treatment recommendations contained 6 in the professional evaluation. Programs conducting alcohol 7 or other drug evaluation or remedial education must be 8 licensed by the Department of Human Services. However, if 9 the individual is not a resident of Illinois, the court may 10 accept an alcohol or other drug evaluation or remedial 11 education program in the state of such individual's 12 residence. Programs providing treatment must be licensed 13 under existing applicable alcoholism and drug treatment 14 licensure standards. 15 In addition to any other fine or penalty required by law, 16 any individual convicted of a violation of Section 11-501 of 17 the Illinois Vehicle Code or a similar provision of local 18 ordinance, whose operation of a motor vehicle while in 19 violation of Section 11-501 or such ordinance proximately 20 caused an incident resulting in an appropriate emergency 21 response, shall be required to make restitution to a public 22 agency for the costs of that emergency response. Such 23 restitution shall not exceed $1,000$500per public agency 24 for each such emergency response. For the purpose of this 25 paragraph, emergency response shall mean any incident 26 requiring a response by: a police officer as defined under 27 Section 1-162 of the Illinois Vehicle Code; a fireman carried 28 on the rolls of a regularly constituted fire department; and 29 an ambulance as defined under Section 3.854.05of the 30 Emergency Medical Services (EMS) Systems Act. 31 Neither a fine nor restitution shall be the sole 32 disposition for a felony and either or both may be imposed 33 only in conjunction with another disposition. 34 (c) (1) When a defendant is found guilty of first degree HB0572 Enrolled -3- LRB093 05569 MBS 05661 b 1 murder the State may either seek a sentence of 2 imprisonment under Section 5-8-1 of this Code, or where 3 appropriate seek a sentence of death under Section 9-1 of 4 the Criminal Code of 1961. 5 (2) A period of probation, a term of periodic 6 imprisonment or conditional discharge shall not be 7 imposed for the following offenses. The court shall 8 sentence the offender to not less than the minimum term 9 of imprisonment set forth in this Code for the following 10 offenses, and may order a fine or restitution or both in 11 conjunction with such term of imprisonment: 12 (A) First degree murder where the death 13 penalty is not imposed. 14 (B) Attempted first degree murder. 15 (C) A Class X felony. 16 (D) A violation of Section 401.1 or 407 of the 17 Illinois Controlled Substances Act, or a violation 18 of subdivision (c)(1) or (c)(2) of Section 401 of 19 that Act which relates to more than 5 grams of a 20 substance containing heroin or cocaine or an analog 21 thereof. 22 (E) A violation of Section 5.1 or 9 of the 23 Cannabis Control Act. 24 (F) A Class 2 or greater felony if the 25 offender had been convicted of a Class 2 or greater 26 felony within 10 years of the date on which the 27 offender committed the offense for which he or she 28 is being sentenced, except as otherwise provided in 29 Section 40-10 of the Alcoholism and Other Drug Abuse 30 and Dependency Act. 31 (G) Residential burglary, except as otherwise 32 provided in Section 40-10 of the Alcoholism and 33 Other Drug Abuse and Dependency Act. 34 (H) Criminal sexual assault, except as HB0572 Enrolled -4- LRB093 05569 MBS 05661 b 1 otherwise provided in subsection (e) of this 2 Section. 3 (I) Aggravated battery of a senior citizen. 4 (J) A forcible felony if the offense was 5 related to the activities of an organized gang. 6 Before July 1, 1994, for the purposes of this 7 paragraph, "organized gang" means an association of 8 5 or more persons, with an established hierarchy, 9 that encourages members of the association to 10 perpetrate crimes or provides support to the members 11 of the association who do commit crimes. 12 Beginning July 1, 1994, for the purposes of 13 this paragraph, "organized gang" has the meaning 14 ascribed to it in Section 10 of the Illinois 15 Streetgang Terrorism Omnibus Prevention Act. 16 (K) Vehicular hijacking. 17 (L) A second or subsequent conviction for the 18 offense of hate crime when the underlying offense 19 upon which the hate crime is based is felony 20 aggravated assault or felony mob action. 21 (M) A second or subsequent conviction for the 22 offense of institutional vandalism if the damage to 23 the property exceeds $300. 24 (N) A Class 3 felony violation of paragraph 25 (1) of subsection (a) of Section 2 of the Firearm 26 Owners Identification Card Act. 27 (O) A violation of Section 12-6.1 of the 28 Criminal Code of 1961. 29 (P) A violation of paragraph (1), (2), (3), 30 (4), (5), or (7) of subsection (a) of Section 31 11-20.1 of the Criminal Code of 1961. 32 (Q) A violation of Section 20-1.2 of the 33 Criminal Code of 1961. 34 (R) A violation of Section 24-3A of the HB0572 Enrolled -5- LRB093 05569 MBS 05661 b 1 Criminal Code of 1961. 2 (S) A violation of Section 11-501(c-1)(3) of 3 the Illinois Vehicle Code. 4 (3) A minimum term of imprisonment of not less than 5 5 days or 30 days of community service as may be 6 determined by the court shall be imposed for a second 7 violation committed within 5 years of a previous 8 violation of Section 11-501 of the Illinois Vehicle Code 9 or a similar provision of a local ordinance. In the case 10 of a third or subsequent violation committed within 5 11 years of a previous violation of Section 11-501 of the 12 Illinois Vehicle Code or a similar provision of a local 13 ordinance, a minimum term of either 10 days of 14 imprisonment or 60 days of community service shall be 15 imposed. 16 (4) A minimum term of imprisonment of not less than 17 10 consecutive days or 30 days of community service shall 18 be imposed for a violation of paragraph (c) of Section 19 6-303 of the Illinois Vehicle Code. 20 (4.1) A minimum term of 30 consecutive days of 21 imprisonment, 40 days of 24 hour periodic imprisonment or 22 720 hours of community service, as may be determined by 23 the court, shall be imposed for a violation of Section 24 11-501 of the Illinois Vehicle Code during a period in 25 which the defendant's driving privileges are revoked or 26 suspended, where the revocation or suspension was for a 27 violation of Section 11-501 or Section 11-501.1 of that 28 Code. 29 (4.2) Except as provided in paragraph (4.3) of this 30 subsection (c), a minimum of 100 hours of community 31 service shall be imposed for a second violation of 32 Section 6-303 of the Illinois Vehicle Code. 33 (4.3) A minimum term of imprisonment of 30 days or 34 300 hours of community service, as determined by the HB0572 Enrolled -6- LRB093 05569 MBS 05661 b 1 court, shall be imposed for a second violation of 2 subsection (c) of Section 6-303 of the Illinois Vehicle 3 Code. 4 (4.4) Except as provided in paragraph (4.5) and 5 paragraph (4.6) of this subsection (c), a minimum term of 6 imprisonment of 30 days or 300 hours of community 7 service, as determined by the court, shall be imposed for 8 a third or subsequent violation of Section 6-303 of the 9 Illinois Vehicle Code. 10 (4.5) A minimum term of imprisonment of 30 days 11 shall be imposed for a third violation of subsection (c) 12 of Section 6-303 of the Illinois Vehicle Code. 13 (4.6) A minimum term of imprisonment of 180 days 14 shall be imposed for a fourth or subsequent violation of 15 subsection (c) of Section 6-303 of the Illinois Vehicle 16 Code. 17 (5) The court may sentence an offender convicted of 18 a business offense or a petty offense or a corporation or 19 unincorporated association convicted of any offense to: 20 (A) a period of conditional discharge; 21 (B) a fine; 22 (C) make restitution to the victim under 23 Section 5-5-6 of this Code. 24 (5.1) In addition to any penalties imposed under 25 paragraph (5) of this subsection (c), and except as 26 provided in paragraph (5.2) or (5.3), a person convicted 27 of violating subsection (c) of Section 11-907 of the 28 Illinois Vehicle Code shall have his or her driver's 29 license, permit, or privileges suspended for at least 90 30 days but not more than one year, if the violation 31 resulted in damage to the property of another person. 32 (5.2) In addition to any penalties imposed under 33 paragraph (5) of this subsection (c), and except as 34 provided in paragraph (5.3), a person convicted of HB0572 Enrolled -7- LRB093 05569 MBS 05661 b 1 violating subsection (c) of Section 11-907 of the 2 Illinois Vehicle Code shall have his or her driver's 3 license, permit, or privileges suspended for at least 180 4 days but not more than 2 years, if the violation resulted 5 in injury to another person. 6 (5.3) In addition to any penalties imposed under 7 paragraph (5) of this subsection (c), a person convicted 8 of violating subsection (c) of Section 11-907 of the 9 Illinois Vehicle Code shall have his or her driver's 10 license, permit, or privileges suspended for 2 years, if 11 the violation resulted in the death of another person. 12 (6) In no case shall an offender be eligible for a 13 disposition of probation or conditional discharge for a 14 Class 1 felony committed while he was serving a term of 15 probation or conditional discharge for a felony. 16 (7) When a defendant is adjudged a habitual 17 criminal under Article 33B of the Criminal Code of 1961, 18 the court shall sentence the defendant to a term of 19 natural life imprisonment. 20 (8) When a defendant, over the age of 21 years, is 21 convicted of a Class 1 or Class 2 felony, after having 22 twice been convicted in any state or federal court of an 23 offense that contains the same elements as an offense now 24 classified in Illinois as a Class 2 or greater Class 25 felony and such charges are separately brought and tried 26 and arise out of different series of acts, such defendant 27 shall be sentenced as a Class X offender. This paragraph 28 shall not apply unless (1) the first felony was committed 29 after the effective date of this amendatory Act of 1977; 30 and (2) the second felony was committed after conviction 31 on the first; and (3) the third felony was committed 32 after conviction on the second. A person sentenced as a 33 Class X offender under this paragraph is not eligible to 34 apply for treatment as a condition of probation as HB0572 Enrolled -8- LRB093 05569 MBS 05661 b 1 provided by Section 40-10 of the Alcoholism and Other 2 Drug Abuse and Dependency Act. 3 (9) A defendant convicted of a second or subsequent 4 offense of ritualized abuse of a child may be sentenced 5 to a term of natural life imprisonment. 6 (10) When a person is convicted of violating 7 Section 11-501 of the Illinois Vehicle Code or a similar 8 provision of a local ordinance, the following penalties 9 apply when his or her blood, breath, or urine was .16 or 10 more based on the definition of blood, breath, or urine 11 units in Section 11-501.2 or that person is convicted of 12 violating Section 11-501 of the Illinois Vehicle Code 13 while transporting a child under the age of 16: 14 (A) For a first violation of subsection (a) of 15 Section 11-501, in addition to any other penalty 16 that may be imposed under subsection (c) of Section 17 11-501: a mandatory minimum of 100 hours of 18 community service and a minimum fine of $500. 19 (B) For a second violation of subsection (a) 20 of Section 11-501, in addition to any other penalty 21 that may be imposed under subsection (c) of Section 22 11-501 within 10 years: a mandatory minimum of 2 23 days of imprisonment and a minimum fine of $1,250. 24 (C) For a third violation of subsection (a) of 25 Section 11-501, in addition to any other penalty 26 that may be imposed under subsection (c) of Section 27 11-501 within 20 years: a mandatory minimum of 90 28 days of imprisonment and a minimum fine of $2,500. 29 (D) For a fourth or subsequent violation of 30 subsection (a) of Section 11-501: ineligibility for 31 a sentence of probation or conditional discharge and 32 a minimum fine of $2,500. 33 (d) In any case in which a sentence originally imposed 34 is vacated, the case shall be remanded to the trial court. HB0572 Enrolled -9- LRB093 05569 MBS 05661 b 1 The trial court shall hold a hearing under Section 5-4-1 of 2 the Unified Code of Corrections which may include evidence of 3 the defendant's life, moral character and occupation during 4 the time since the original sentence was passed. The trial 5 court shall then impose sentence upon the defendant. The 6 trial court may impose any sentence which could have been 7 imposed at the original trial subject to Section 5-5-4 of the 8 Unified Code of Corrections. If a sentence is vacated on 9 appeal or on collateral attack due to the failure of the 10 trier of fact at trial to determine beyond a reasonable doubt 11 the existence of a fact (other than a prior conviction) 12 necessary to increase the punishment for the offense beyond 13 the statutory maximum otherwise applicable, either the 14 defendant may be re-sentenced to a term within the range 15 otherwise provided or, if the State files notice of its 16 intention to again seek the extended sentence, the defendant 17 shall be afforded a new trial. 18 (e) In cases where prosecution for criminal sexual 19 assault or aggravated criminal sexual abuse under Section 20 12-13 or 12-16 of the Criminal Code of 1961 results in 21 conviction of a defendant who was a family member of the 22 victim at the time of the commission of the offense, the 23 court shall consider the safety and welfare of the victim and 24 may impose a sentence of probation only where: 25 (1) the court finds (A) or (B) or both are 26 appropriate: 27 (A) the defendant is willing to undergo a 28 court approved counseling program for a minimum 29 duration of 2 years; or 30 (B) the defendant is willing to participate in 31 a court approved plan including but not limited to 32 the defendant's: 33 (i) removal from the household; 34 (ii) restricted contact with the victim; HB0572 Enrolled -10- LRB093 05569 MBS 05661 b 1 (iii) continued financial support of the 2 family; 3 (iv) restitution for harm done to the 4 victim; and 5 (v) compliance with any other measures 6 that the court may deem appropriate; and 7 (2) the court orders the defendant to pay for the 8 victim's counseling services, to the extent that the 9 court finds, after considering the defendant's income and 10 assets, that the defendant is financially capable of 11 paying for such services, if the victim was under 18 12 years of age at the time the offense was committed and 13 requires counseling as a result of the offense. 14 Probation may be revoked or modified pursuant to Section 15 5-6-4; except where the court determines at the hearing that 16 the defendant violated a condition of his or her probation 17 restricting contact with the victim or other family members 18 or commits another offense with the victim or other family 19 members, the court shall revoke the defendant's probation and 20 impose a term of imprisonment. 21 For the purposes of this Section, "family member" and 22 "victim" shall have the meanings ascribed to them in Section 23 12-12 of the Criminal Code of 1961. 24 (f) This Article shall not deprive a court in other 25 proceedings to order a forfeiture of property, to suspend or 26 cancel a license, to remove a person from office, or to 27 impose any other civil penalty. 28 (g) Whenever a defendant is convicted of an offense 29 under Sections 11-14, 11-15, 11-15.1, 11-16, 11-17, 11-18, 30 11-18.1, 11-19, 11-19.1, 11-19.2, 12-13, 12-14, 12-14.1, 31 12-15 or 12-16 of the Criminal Code of 1961, the defendant 32 shall undergo medical testing to determine whether the 33 defendant has any sexually transmissible disease, including a 34 test for infection with human immunodeficiency virus (HIV) or HB0572 Enrolled -11- LRB093 05569 MBS 05661 b 1 any other identified causative agent of acquired 2 immunodeficiency syndrome (AIDS). Any such medical test 3 shall be performed only by appropriately licensed medical 4 practitioners and may include an analysis of any bodily 5 fluids as well as an examination of the defendant's person. 6 Except as otherwise provided by law, the results of such test 7 shall be kept strictly confidential by all medical personnel 8 involved in the testing and must be personally delivered in a 9 sealed envelope to the judge of the court in which the 10 conviction was entered for the judge's inspection in camera. 11 Acting in accordance with the best interests of the victim 12 and the public, the judge shall have the discretion to 13 determine to whom, if anyone, the results of the testing may 14 be revealed. The court shall notify the defendant of the test 15 results. The court shall also notify the victim if requested 16 by the victim, and if the victim is under the age of 15 and 17 if requested by the victim's parents or legal guardian, the 18 court shall notify the victim's parents or legal guardian of 19 the test results. The court shall provide information on the 20 availability of HIV testing and counseling at Department of 21 Public Health facilities to all parties to whom the results 22 of the testing are revealed and shall direct the State's 23 Attorney to provide the information to the victim when 24 possible. A State's Attorney may petition the court to obtain 25 the results of any HIV test administered under this Section, 26 and the court shall grant the disclosure if the State's 27 Attorney shows it is relevant in order to prosecute a charge 28 of criminal transmission of HIV under Section 12-16.2 of the 29 Criminal Code of 1961 against the defendant. The court shall 30 order that the cost of any such test shall be paid by the 31 county and may be taxed as costs against the convicted 32 defendant. 33 (g-5) When an inmate is tested for an airborne 34 communicable disease, as determined by the Illinois HB0572 Enrolled -12- LRB093 05569 MBS 05661 b 1 Department of Public Health including but not limited to 2 tuberculosis, the results of the test shall be personally 3 delivered by the warden or his or her designee in a sealed 4 envelope to the judge of the court in which the inmate must 5 appear for the judge's inspection in camera if requested by 6 the judge. Acting in accordance with the best interests of 7 those in the courtroom, the judge shall have the discretion 8 to determine what if any precautions need to be taken to 9 prevent transmission of the disease in the courtroom. 10 (h) Whenever a defendant is convicted of an offense 11 under Section 1 or 2 of the Hypodermic Syringes and Needles 12 Act, the defendant shall undergo medical testing to determine 13 whether the defendant has been exposed to human 14 immunodeficiency virus (HIV) or any other identified 15 causative agent of acquired immunodeficiency syndrome (AIDS). 16 Except as otherwise provided by law, the results of such test 17 shall be kept strictly confidential by all medical personnel 18 involved in the testing and must be personally delivered in a 19 sealed envelope to the judge of the court in which the 20 conviction was entered for the judge's inspection in camera. 21 Acting in accordance with the best interests of the public, 22 the judge shall have the discretion to determine to whom, if 23 anyone, the results of the testing may be revealed. The court 24 shall notify the defendant of a positive test showing an 25 infection with the human immunodeficiency virus (HIV). The 26 court shall provide information on the availability of HIV 27 testing and counseling at Department of Public Health 28 facilities to all parties to whom the results of the testing 29 are revealed and shall direct the State's Attorney to provide 30 the information to the victim when possible. A State's 31 Attorney may petition the court to obtain the results of any 32 HIV test administered under this Section, and the court 33 shall grant the disclosure if the State's Attorney shows it 34 is relevant in order to prosecute a charge of criminal HB0572 Enrolled -13- LRB093 05569 MBS 05661 b 1 transmission of HIV under Section 12-16.2 of the Criminal 2 Code of 1961 against the defendant. The court shall order 3 that the cost of any such test shall be paid by the county 4 and may be taxed as costs against the convicted defendant. 5 (i) All fines and penalties imposed under this Section 6 for any violation of Chapters 3, 4, 6, and 11 of the Illinois 7 Vehicle Code, or a similar provision of a local ordinance, 8 and any violation of the Child Passenger Protection Act, or a 9 similar provision of a local ordinance, shall be collected 10 and disbursed by the circuit clerk as provided under Section 11 27.5 of the Clerks of Courts Act. 12 (j) In cases when prosecution for any violation of 13 Section 11-6, 11-8, 11-9, 11-11, 11-14, 11-15, 11-15.1, 14 11-16, 11-17, 11-17.1, 11-18, 11-18.1, 11-19, 11-19.1, 15 11-19.2, 11-20.1, 11-21, 12-13, 12-14, 12-14.1, 12-15, or 16 12-16 of the Criminal Code of 1961, any violation of the 17 Illinois Controlled Substances Act, or any violation of the 18 Cannabis Control Act results in conviction, a disposition of 19 court supervision, or an order of probation granted under 20 Section 10 of the Cannabis Control Act or Section 410 of the 21 Illinois Controlled Substance Act of a defendant, the court 22 shall determine whether the defendant is employed by a 23 facility or center as defined under the Child Care Act of 24 1969, a public or private elementary or secondary school, or 25 otherwise works with children under 18 years of age on a 26 daily basis. When a defendant is so employed, the court 27 shall order the Clerk of the Court to send a copy of the 28 judgment of conviction or order of supervision or probation 29 to the defendant's employer by certified mail. If the 30 employer of the defendant is a school, the Clerk of the Court 31 shall direct the mailing of a copy of the judgment of 32 conviction or order of supervision or probation to the 33 appropriate regional superintendent of schools. The regional 34 superintendent of schools shall notify the State Board of HB0572 Enrolled -14- LRB093 05569 MBS 05661 b 1 Education of any notification under this subsection. 2 (j-5) A defendant at least 17 years of age who is 3 convicted of a felony and who has not been previously 4 convicted of a misdemeanor or felony and who is sentenced to 5 a term of imprisonment in the Illinois Department of 6 Corrections shall as a condition of his or her sentence be 7 required by the court to attend educational courses designed 8 to prepare the defendant for a high school diploma and to 9 work toward a high school diploma or to work toward passing 10 the high school level Test of General Educational Development 11 (GED) or to work toward completing a vocational training 12 program offered by the Department of Corrections. If a 13 defendant fails to complete the educational training required 14 by his or her sentence during the term of incarceration, the 15 Prisoner Review Board shall, as a condition of mandatory 16 supervised release, require the defendant, at his or her own 17 expense, to pursue a course of study toward a high school 18 diploma or passage of the GED test. The Prisoner Review 19 Board shall revoke the mandatory supervised release of a 20 defendant who wilfully fails to comply with this subsection 21 (j-5) upon his or her release from confinement in a penal 22 institution while serving a mandatory supervised release 23 term; however, the inability of the defendant after making a 24 good faith effort to obtain financial aid or pay for the 25 educational training shall not be deemed a wilful failure to 26 comply. The Prisoner Review Board shall recommit the 27 defendant whose mandatory supervised release term has been 28 revoked under this subsection (j-5) as provided in Section 29 3-3-9. This subsection (j-5) does not apply to a defendant 30 who has a high school diploma or has successfully passed the 31 GED test. This subsection (j-5) does not apply to a defendant 32 who is determined by the court to be developmentally disabled 33 or otherwise mentally incapable of completing the educational 34 or vocational program. HB0572 Enrolled -15- LRB093 05569 MBS 05661 b 1 (k) A court may not impose a sentence or disposition for 2 a felony or misdemeanor that requires the defendant to be 3 implanted or injected with or to use any form of birth 4 control. 5 (l) (A) Except as provided in paragraph (C) of 6 subsection (l), whenever a defendant, who is an alien as 7 defined by the Immigration and Nationality Act, is 8 convicted of any felony or misdemeanor offense, the court 9 after sentencing the defendant may, upon motion of the 10 State's Attorney, hold sentence in abeyance and remand 11 the defendant to the custody of the Attorney General of 12 the United States or his or her designated agent to be 13 deported when: 14 (1) a final order of deportation has been 15 issued against the defendant pursuant to proceedings 16 under the Immigration and Nationality Act, and 17 (2) the deportation of the defendant would not 18 deprecate the seriousness of the defendant's conduct 19 and would not be inconsistent with the ends of 20 justice. 21 Otherwise, the defendant shall be sentenced as 22 provided in this Chapter V. 23 (B) If the defendant has already been sentenced for 24 a felony or misdemeanor offense, or has been placed on 25 probation under Section 10 of the Cannabis Control Act or 26 Section 410 of the Illinois Controlled Substances Act, 27 the court may, upon motion of the State's Attorney to 28 suspend the sentence imposed, commit the defendant to the 29 custody of the Attorney General of the United States or 30 his or her designated agent when: 31 (1) a final order of deportation has been 32 issued against the defendant pursuant to proceedings 33 under the Immigration and Nationality Act, and 34 (2) the deportation of the defendant would not HB0572 Enrolled -16- LRB093 05569 MBS 05661 b 1 deprecate the seriousness of the defendant's conduct 2 and would not be inconsistent with the ends of 3 justice. 4 (C) This subsection (l) does not apply to offenders 5 who are subject to the provisions of paragraph (2) of 6 subsection (a) of Section 3-6-3. 7 (D) Upon motion of the State's Attorney, if a 8 defendant sentenced under this Section returns to the 9 jurisdiction of the United States, the defendant shall be 10 recommitted to the custody of the county from which he or 11 she was sentenced. Thereafter, the defendant shall be 12 brought before the sentencing court, which may impose any 13 sentence that was available under Section 5-5-3 at the 14 time of initial sentencing. In addition, the defendant 15 shall not be eligible for additional good conduct credit 16 for meritorious service as provided under Section 3-6-6. 17 (m) A person convicted of criminal defacement of 18 property under Section 21-1.3 of the Criminal Code of 1961, 19 in which the property damage exceeds $300 and the property 20 damaged is a school building, shall be ordered to perform 21 community service that may include cleanup, removal, or 22 painting over the defacement. 23 (Source: P.A. 91-357, eff. 7-29-99; 91-404, eff. 1-1-00; 24 91-663, eff. 12-22-99; 91-695, eff. 4-13-00; 91-953, eff. 25 2-23-01; 92-183, eff. 7-27-01; 92-248, eff. 8-3-01; 92-283, 26 eff. 1-1-02; 92-340, eff. 8-10-01; 92-418, eff. 8-17-01; 27 92-422, eff. 8-17-01; 92-651, eff. 7-11-02; 92-698, eff. 28 7-19-02; revised 2-17-03.) 29 Section 99. Effective date. This Act takes effect July 30 1, 2003.