093_HB1432

 
                                     LRB093 05263 RLC 05352 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  Criminal  Code  of  1961 is amended by
 5    changing Section 21-1.3 as follows:

 6        (720 ILCS 5/21-1.3)
 7        Sec. 21-1.3. Criminal defacement of property.
 8        (a)  A person commits  criminal  defacement  of  property
 9    when  the  person  knowingly  damages the property of another
10    without  his  or  her  consent  by  defacing,  deforming,  or
11    otherwise damaging the property by the use of  paint  or  any
12    other   similar  substance,  or  by  the  use  of  a  writing
13    instrument, etching tool, or any other similar device.
14        (b)  Criminal  defacement  of  property  is  a  Class   A
15    misdemeanor for a first offense if the damage to the property
16    does  not  exceed $300.  Criminal defacement of property is a
17    Class 4 felony if the damage to property does not exceed $300
18    and the property damaged is a school  building  or  place  of
19    worship.  Criminal defacement of property is a Class 4 felony
20    for a second or subsequent conviction or if the damage to the
21    property  exceeds  $300. Criminal defacement of property is a
22    Class 3 felony if the damage to property exceeds $300 and the
23    property damaged is a school building or place of worship. In
24    addition to any other sentence that  may  be  imposed  for  a
25    violation  of this Section that is chargeable as a Class 3 or
26    Class 4 felony,  a person convicted of criminal defacement of
27    property shall be subject to a mandatory minimum fine of $500
28    plus the actual costs incurred by the property owner  or  the
29    unit of government to abate, remediate, repair, or remove the
30    effect  of  the  damage  to  the  property.   To  the  extent
31    permitted  by  law, reimbursement for the costs of abatement,
 
                            -2-      LRB093 05263 RLC 05352 b
 1    remediation, repair, or  removal  shall  be  payable  to  the
 2    person  who  incurred  the  costs.  In  addition to any other
 3    sentence that may be imposed, a court shall order any  person
 4    convicted  of  criminal  defacement  of  property  to perform
 5    community service for not less than 30 and not more than  120
 6    hours, if community service is available in the jurisdiction.
 7    The  community service shall include, but need not be limited
 8    to, the cleanup and repair of the damage to property that was
 9    caused by the offense, or similar damage to property  located
10    in  the municipality or county in which the offense occurred.
11    If the property damaged is a school building,  the  community
12    service  may  include  cleanup, removal, or painting over the
13    defacement. In addition, whenever any  person  is  placed  on
14    supervision  for  an  alleged offense under this Section, the
15    supervision shall be conditioned upon the performance of  the
16    community  service.  The  parent,  legal  guardian,  or other
17    person having custody of a child under 18 years  of  age  who
18    has  been  convicted  of a violation of this Section shall be
19    ordered  by  the   court   to   perform   community   service
20    simultaneously  with  the  child  to  cleanup  and repair the
21    damage to the property defaced by the child.
22    (Source: P.A. 90-685,  eff.  1-1-99;  91-360,  eff.  7-29-99;
23    91-931, eff. 6-1-01.)

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

26        (730 ILCS 5/5-5-3) (from Ch. 38, par. 1005-5-3)
27        Sec. 5-5-3.  Disposition.
28        (a)  Every  person  convicted  of  an  offense  shall  be
29    sentenced as provided in this Section.
30        (b)  The   following   options   shall   be   appropriate
31    dispositions, alone or in combination, for all  felonies  and
32    misdemeanors other than those identified in subsection (c) of
 
                            -3-      LRB093 05263 RLC 05352 b
 1    this Section:
 2             (1)  A period of probation.
 3             (2)  A term of periodic imprisonment.
 4             (3)  A term of conditional discharge.
 5             (4)  A term of imprisonment.
 6             (5)  An order directing the offender to clean up and
 7        repair  the  damage,  if the offender was convicted under
 8        paragraph (h) of Section 21-1 of  the  Criminal  Code  of
 9        1961.
10             (6)  A fine.
11             (7)  An   order   directing  the  offender  to  make
12        restitution to the victim under  Section  5-5-6  of  this
13        Code.
14             (8)  A  sentence of participation in a county impact
15        incarceration program under Section 5-8-1.2 of this Code.
16        Whenever an individual is sentenced for an offense  based
17    upon  an  arrest  for  a  violation  of Section 11-501 of the
18    Illinois Vehicle Code, or a  similar  provision  of  a  local
19    ordinance,   and   the   professional  evaluation  recommends
20    remedial or rehabilitative treatment  or  education,  neither
21    the treatment nor the education shall be the sole disposition
22    and  either  or  both may be imposed only in conjunction with
23    another disposition. The court shall monitor compliance  with
24    any remedial education or treatment recommendations contained
25    in  the professional evaluation.  Programs conducting alcohol
26    or other  drug  evaluation  or  remedial  education  must  be
27    licensed  by  the  Department of Human Services.  However, if
28    the individual is not a resident of Illinois, the  court  may
29    accept  an  alcohol  or  other  drug  evaluation  or remedial
30    education  program  in  the  state   of   such   individual's
31    residence.   Programs  providing  treatment  must be licensed
32    under  existing  applicable  alcoholism  and  drug  treatment
33    licensure standards.
34        In addition to any other fine or penalty required by law,
 
                            -4-      LRB093 05263 RLC 05352 b
 1    any individual convicted of a violation of Section 11-501  of
 2    the  Illinois  Vehicle  Code  or a similar provision of local
 3    ordinance, whose  operation  of  a  motor  vehicle  while  in
 4    violation  of  Section  11-501  or such ordinance proximately
 5    caused an incident  resulting  in  an  appropriate  emergency
 6    response,  shall  be required to make restitution to a public
 7    agency for  the  costs  of  that  emergency  response.   Such
 8    restitution  shall not exceed $500 per public agency for each
 9    such emergency response.  For the purpose of this  paragraph,
10    emergency  response  shall  mean  any  incident  requiring  a
11    response  by: a police officer as defined under Section 1-162
12    of the Illinois Vehicle Code; a fireman carried on the  rolls
13    of  a regularly constituted fire department; and an ambulance
14    as defined  under  Section  4.05  of  the  Emergency  Medical
15    Services (EMS) Systems Act.
16        Neither   a  fine  nor  restitution  shall  be  the  sole
17    disposition for a felony and either or both  may  be  imposed
18    only in conjunction with another disposition.
19        (c) (1)  When a defendant is found guilty of first degree
20        murder   the   State   may  either  seek  a  sentence  of
21        imprisonment under Section 5-8-1 of this Code,  or  where
22        appropriate seek a sentence of death under Section 9-1 of
23        the Criminal Code of 1961.
24             (2)  A  period  of  probation,  a  term  of periodic
25        imprisonment  or  conditional  discharge  shall  not   be
26        imposed  for  the  following  offenses.  The  court shall
27        sentence the offender to not less than the  minimum  term
28        of  imprisonment set forth in this Code for the following
29        offenses, and may order a fine or restitution or both  in
30        conjunction with such term of imprisonment:
31                  (A)  First   degree   murder  where  the  death
32             penalty is not imposed.
33                  (B)  Attempted first degree murder.
34                  (C)  A Class X felony.
 
                            -5-      LRB093 05263 RLC 05352 b
 1                  (D)  A violation of Section 401.1 or 407 of the
 2             Illinois Controlled Substances Act, or  a  violation
 3             of  subdivision  (c)(1)  or (c)(2) of Section 401 of
 4             that Act which relates to more than  5  grams  of  a
 5             substance  containing heroin or cocaine or an analog
 6             thereof.
 7                  (E)  A violation of Section 5.1  or  9  of  the
 8             Cannabis Control Act.
 9                  (F)  A   Class  2  or  greater  felony  if  the
10             offender had been convicted of a Class 2 or  greater
11             felony  within  10  years  of  the date on which the
12             offender committed the offense for which he  or  she
13             is  being sentenced, except as otherwise provided in
14             Section 40-10 of the Alcoholism and Other Drug Abuse
15             and Dependency Act.
16                  (G)  Residential burglary, except as  otherwise
17             provided  in  Section  40-10  of  the Alcoholism and
18             Other Drug Abuse and Dependency Act.
19                  (H)  Criminal   sexual   assault,   except   as
20             otherwise  provided  in  subsection  (e)   of   this
21             Section.
22                  (I)  Aggravated battery of a senior citizen.
23                  (J)  A  forcible  felony  if  the  offense  was
24             related to the activities of an organized gang.
25                  Before  July  1, 1994, for the purposes of this
26             paragraph, "organized gang" means an association  of
27             5  or  more  persons, with an established hierarchy,
28             that  encourages  members  of  the  association   to
29             perpetrate crimes or provides support to the members
30             of the association who do commit crimes.
31                  Beginning  July  1,  1994,  for the purposes of
32             this paragraph, "organized  gang"  has  the  meaning
33             ascribed  to  it  in  Section  10  of  the  Illinois
34             Streetgang Terrorism Omnibus Prevention Act.
 
                            -6-      LRB093 05263 RLC 05352 b
 1                  (K)  Vehicular hijacking.
 2                  (L)  A  second or subsequent conviction for the
 3             offense of hate crime when  the  underlying  offense
 4             upon  which  the  hate  crime  is  based  is  felony
 5             aggravated assault or felony mob action.
 6                  (M)  A  second or subsequent conviction for the
 7             offense of institutional vandalism if the damage  to
 8             the property exceeds $300.
 9                  (N)  A  Class  3  felony violation of paragraph
10             (1) of subsection (a) of Section 2  of  the  Firearm
11             Owners Identification Card Act.
12                  (O)  A  violation  of  Section  12-6.1  of  the
13             Criminal Code of 1961.
14                  (P)  A  violation  of  paragraph (1), (2), (3),
15             (4), (5),  or  (7)  of  subsection  (a)  of  Section
16             11-20.1 of the Criminal Code of 1961.
17                  (Q)  A  violation  of  Section  20-1.2  of  the
18             Criminal Code of 1961.
19                  (R)  A   violation  of  Section  24-3A  of  the
20             Criminal Code of 1961.
21                  (S)  A violation of Section  11-501(c-1)(3)  of
22             the Illinois Vehicle Code.
23             (3)  A minimum term of imprisonment of not less than
24        5  days  or  30  days  of  community  service  as  may be
25        determined by the court shall be  imposed  for  a  second
26        violation   committed   within  5  years  of  a  previous
27        violation of Section 11-501 of the Illinois Vehicle  Code
28        or  a similar provision of a local ordinance. In the case
29        of a third or subsequent  violation  committed  within  5
30        years  of  a  previous violation of Section 11-501 of the
31        Illinois Vehicle Code or a similar provision of  a  local
32        ordinance,   a   minimum   term  of  either  10  days  of
33        imprisonment or 60 days of  community  service  shall  be
34        imposed.
 
                            -7-      LRB093 05263 RLC 05352 b
 1             (4)  A minimum term of imprisonment of not less than
 2        10 consecutive days or 30 days of community service shall
 3        be  imposed  for  a violation of paragraph (c) of Section
 4        6-303 of the Illinois Vehicle Code.
 5             (4.1)  A minimum term  of  30  consecutive  days  of
 6        imprisonment, 40 days of 24 hour periodic imprisonment or
 7        720  hours  of community service, as may be determined by
 8        the court, shall be imposed for a  violation  of  Section
 9        11-501  of  the  Illinois Vehicle Code during a period in
10        which the defendant's driving privileges are  revoked  or
11        suspended,  where  the revocation or suspension was for a
12        violation of Section 11-501 or Section 11-501.1  of  that
13        Code.
14             (4.2)  Except as provided in paragraph (4.3) of this
15        subsection  (c),  a  minimum  of  100  hours of community
16        service shall  be  imposed  for  a  second  violation  of
17        Section 6-303 of the Illinois Vehicle Code.
18             (4.3)  A  minimum term of imprisonment of 30 days or
19        300 hours of community  service,  as  determined  by  the
20        court,  shall  be  imposed  for  a  second  violation  of
21        subsection  (c)  of Section 6-303 of the Illinois Vehicle
22        Code.
23             (4.4)  Except as provided  in  paragraph  (4.5)  and
24        paragraph (4.6) of this subsection (c), a minimum term of
25        imprisonment  of  30  days  or  300  hours  of  community
26        service, as determined by the court, shall be imposed for
27        a  third  or subsequent violation of Section 6-303 of the
28        Illinois Vehicle Code.
29             (4.5)  A minimum term of  imprisonment  of  30  days
30        shall  be imposed for a third violation of subsection (c)
31        of Section 6-303 of the Illinois Vehicle Code.
32             (4.6)  A minimum term of imprisonment  of  180  days
33        shall  be imposed for a fourth or subsequent violation of
34        subsection (c) of Section 6-303 of the  Illinois  Vehicle
 
                            -8-      LRB093 05263 RLC 05352 b
 1        Code.
 2             (5)  The court may sentence an offender convicted of
 3        a business offense or a petty offense or a corporation or
 4        unincorporated association convicted of any offense to:
 5                  (A)  a period of conditional discharge;
 6                  (B)  a fine;
 7                  (C)  make   restitution  to  the  victim  under
 8             Section 5-5-6 of this Code.
 9             (5.1)  In addition to any  penalties  imposed  under
10        paragraph  (5)  of  this  subsection  (c),  and except as
11        provided in paragraph (5.2) or (5.3), a person  convicted
12        of  violating  subsection  (c)  of  Section 11-907 of the
13        Illinois Vehicle Code shall  have  his  or  her  driver's
14        license,  permit, or privileges suspended for at least 90
15        days but  not  more  than  one  year,  if  the  violation
16        resulted in damage to the property of another person.
17             (5.2)  In  addition  to  any penalties imposed under
18        paragraph (5) of  this  subsection  (c),  and  except  as
19        provided  in  paragraph  (5.3),  a  person  convicted  of
20        violating   subsection  (c)  of  Section  11-907  of  the
21        Illinois Vehicle Code shall  have  his  or  her  driver's
22        license, permit, or privileges suspended for at least 180
23        days but not more than 2 years, if the violation resulted
24        in injury to another person.
25             (5.3)  In  addition  to  any penalties imposed under
26        paragraph (5) of this subsection (c), 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 2 years, if
30        the violation resulted in the death of another person.
31             (6)  In no case shall an offender be eligible for  a
32        disposition  of  probation or conditional discharge for a
33        Class 1 felony committed while he was serving a  term  of
34        probation or conditional discharge for a felony.
 
                            -9-      LRB093 05263 RLC 05352 b
 1             (7)  When   a   defendant  is  adjudged  a  habitual
 2        criminal under Article 33B of the Criminal Code of  1961,
 3        the  court  shall  sentence  the  defendant  to a term of
 4        natural life imprisonment.
 5             (8)  When a defendant, over the age of 21 years,  is
 6        convicted  of  a  Class 1 or Class 2 felony, after having
 7        twice been convicted in any state or federal court of  an
 8        offense that contains the same elements as an offense now
 9        classified  in  Illinois  as  a  Class 2 or greater Class
10        felony and such charges are separately brought and  tried
11        and arise out of different series of acts, such defendant
12        shall  be sentenced as a Class X offender. This paragraph
13        shall not apply unless (1) the first felony was committed
14        after the effective date of this amendatory Act of  1977;
15        and  (2) the second felony was committed after conviction
16        on the first; and (3)  the  third  felony  was  committed
17        after  conviction  on the second. A person sentenced as a
18        Class X offender under this paragraph is not eligible  to
19        apply  for  treatment  as  a  condition  of  probation as
20        provided by Section 40-10 of  the  Alcoholism  and  Other
21        Drug Abuse and Dependency Act.
22             (9)  A defendant convicted of a second or subsequent
23        offense  of  ritualized abuse of a child may be sentenced
24        to a term of natural life imprisonment.
25             (10)  When  a  person  is  convicted  of   violating
26        Section  11-501 of the Illinois Vehicle Code or a similar
27        provision of a local ordinance, the  following  penalties
28        apply  when his or her blood, breath, or urine was .16 or
29        more based on the definition of blood, breath,  or  urine
30        units  in Section 11-501.2 or that person is convicted of
31        violating Section 11-501 of  the  Illinois  Vehicle  Code
32        while transporting a child under the age of 16:
33                  (A)  For a first violation of subsection (a) of
34             Section  11-501,  in  addition  to any other penalty
 
                            -10-     LRB093 05263 RLC 05352 b
 1             that may be imposed under subsection (c) of  Section
 2             11-501:   a   mandatory  minimum  of  100  hours  of
 3             community service and a minimum fine of $500.
 4                  (B)  For a second violation of  subsection  (a)
 5             of  Section 11-501, in addition to any other penalty
 6             that may be imposed under subsection (c) of  Section
 7             11-501  within  10  years:  a mandatory minimum of 2
 8             days of imprisonment and a minimum fine of $1,250.
 9                  (C)  For a third violation of subsection (a) of
10             Section 11-501, in addition  to  any  other  penalty
11             that  may be imposed under subsection (c) of Section
12             11-501 within 20 years: a mandatory  minimum  of  90
13             days of imprisonment and a minimum fine of $2,500.
14                  (D)  For  a  fourth  or subsequent violation of
15             subsection (a) of Section 11-501: ineligibility  for
16             a sentence of probation or conditional discharge and
17             a minimum fine of $2,500.
18        (d)  In  any  case in which a sentence originally imposed
19    is vacated, the case shall be remanded to  the  trial  court.
20    The  trial  court shall hold a hearing under Section 5-4-1 of
21    the Unified Code of Corrections which may include evidence of
22    the defendant's life, moral character and  occupation  during
23    the  time  since the original sentence was passed.  The trial
24    court shall then impose sentence  upon  the  defendant.   The
25    trial  court  may  impose  any sentence which could have been
26    imposed at the original trial subject to Section 5-5-4 of the
27    Unified Code of Corrections. If  a  sentence  is  vacated  on
28    appeal  or  on  collateral  attack  due to the failure of the
29    trier of fact at trial to determine beyond a reasonable doubt
30    the existence of a  fact  (other  than  a  prior  conviction)
31    necessary  to  increase the punishment for the offense beyond
32    the  statutory  maximum  otherwise  applicable,  either   the
33    defendant  may  be  re-sentenced  to  a term within the range
34    otherwise provided or, if  the  State  files  notice  of  its
 
                            -11-     LRB093 05263 RLC 05352 b
 1    intention  to again seek the extended sentence, the defendant
 2    shall be afforded a new trial.
 3        (e)  In  cases  where  prosecution  for  criminal  sexual
 4    assault or aggravated criminal  sexual  abuse  under  Section
 5    12-13  or  12-16  of  the  Criminal  Code  of 1961 results in
 6    conviction of a defendant who was  a  family  member  of  the
 7    victim  at  the  time  of  the commission of the offense, the
 8    court shall consider the safety and welfare of the victim and
 9    may impose a sentence of probation only where:
10             (1)  the  court  finds  (A)  or  (B)  or  both   are
11        appropriate:
12                  (A)  the  defendant  is  willing  to  undergo a
13             court approved  counseling  program  for  a  minimum
14             duration of 2 years; or
15                  (B)  the defendant is willing to participate in
16             a  court  approved plan including but not limited to
17             the defendant's:
18                       (i)  removal from the household;
19                       (ii)  restricted contact with the victim;
20                       (iii)  continued financial support of  the
21                  family;
22                       (iv)  restitution  for  harm  done  to the
23                  victim; and
24                       (v)  compliance with  any  other  measures
25                  that the court may deem appropriate; and
26             (2)  the  court  orders the defendant to pay for the
27        victim's counseling services,  to  the  extent  that  the
28        court finds, after considering the defendant's income and
29        assets,  that  the  defendant  is  financially capable of
30        paying for such services, if  the  victim  was  under  18
31        years  of  age  at the time the offense was committed and
32        requires counseling as a result of the offense.
33        Probation may be revoked or modified pursuant to  Section
34    5-6-4;  except where the court determines at the hearing that
 
                            -12-     LRB093 05263 RLC 05352 b
 1    the defendant violated a condition of his  or  her  probation
 2    restricting  contact  with the victim or other family members
 3    or commits another offense with the victim  or  other  family
 4    members, the court shall revoke the defendant's probation and
 5    impose a term of imprisonment.
 6        For  the  purposes  of  this Section, "family member" and
 7    "victim" shall have the meanings ascribed to them in  Section
 8    12-12 of the Criminal Code of 1961.
 9        (f)  This  Article  shall  not  deprive  a court in other
10    proceedings to order a forfeiture of property, to suspend  or
11    cancel  a  license,  to  remove  a  person from office, or to
12    impose any other civil penalty.
13        (g)  Whenever a defendant  is  convicted  of  an  offense
14    under  Sections  11-14,  11-15, 11-15.1, 11-16, 11-17, 11-18,
15    11-18.1, 11-19,  11-19.1,  11-19.2,  12-13,  12-14,  12-14.1,
16    12-15  or  12-16  of the Criminal Code of 1961, the defendant
17    shall  undergo  medical  testing  to  determine  whether  the
18    defendant has any sexually transmissible disease, including a
19    test for infection with human immunodeficiency virus (HIV) or
20    any   other   identified   causative   agent   of    acquired
21    immunodeficiency  syndrome  (AIDS).   Any  such  medical test
22    shall be performed only  by  appropriately  licensed  medical
23    practitioners  and  may  include  an  analysis  of any bodily
24    fluids as well as an examination of the  defendant's  person.
25    Except as otherwise provided by law, the results of such test
26    shall  be kept strictly confidential by all medical personnel
27    involved in the testing and must be personally delivered in a
28    sealed envelope to the  judge  of  the  court  in  which  the
29    conviction  was entered for the judge's inspection in camera.
30    Acting in accordance with the best interests  of  the  victim
31    and  the  public,  the  judge  shall  have  the discretion to
32    determine to whom, if anyone, the results of the testing  may
33    be revealed. The court shall notify the defendant of the test
34    results.  The court shall also notify the victim if requested
 
                            -13-     LRB093 05263 RLC 05352 b
 1    by  the  victim, and if the victim is under the age of 15 and
 2    if requested by the victim's parents or legal  guardian,  the
 3    court  shall notify the victim's parents or legal guardian of
 4    the test results.  The court shall provide information on the
 5    availability of HIV testing and counseling at  Department  of
 6    Public  Health  facilities to all parties to whom the results
 7    of the testing are revealed  and  shall  direct  the  State's
 8    Attorney  to  provide  the  information  to  the  victim when
 9    possible. A State's Attorney may petition the court to obtain
10    the results of any HIV test administered under this  Section,
11    and  the  court  shall  grant  the  disclosure if the State's
12    Attorney shows it is relevant in order to prosecute a  charge
13    of  criminal transmission of HIV under Section 12-16.2 of the
14    Criminal Code of 1961 against the defendant.  The court shall
15    order that the cost of any such test shall  be  paid  by  the
16    county  and  may  be  taxed  as  costs  against the convicted
17    defendant.
18        (g-5)  When  an  inmate  is  tested   for   an   airborne
19    communicable   disease,   as   determined   by  the  Illinois
20    Department of Public Health  including  but  not  limited  to
21    tuberculosis,  the  results  of  the test shall be personally
22    delivered by the warden or his or her designee  in  a  sealed
23    envelope  to  the judge of the court in which the inmate must
24    appear for the judge's inspection in camera if  requested  by
25    the  judge.   Acting in accordance with the best interests of
26    those in the courtroom, the judge shall have  the  discretion
27    to  determine  what  if  any  precautions need to be taken to
28    prevent transmission of the disease in the courtroom.
29        (h)  Whenever a defendant  is  convicted  of  an  offense
30    under  Section  1 or 2 of the Hypodermic Syringes and Needles
31    Act, the defendant shall undergo medical testing to determine
32    whether   the   defendant   has   been   exposed   to   human
33    immunodeficiency  virus  (HIV)  or   any   other   identified
34    causative agent of acquired immunodeficiency syndrome (AIDS).
 
                            -14-     LRB093 05263 RLC 05352 b
 1    Except as otherwise provided by law, the results of such test
 2    shall  be kept strictly confidential by all medical personnel
 3    involved in the testing and must be personally delivered in a
 4    sealed envelope to the  judge  of  the  court  in  which  the
 5    conviction  was entered for the judge's inspection in camera.
 6    Acting in accordance with the best interests of  the  public,
 7    the  judge shall have the discretion to determine to whom, if
 8    anyone, the results of the testing may be revealed. The court
 9    shall notify the defendant of  a  positive  test  showing  an
10    infection  with  the  human immunodeficiency virus (HIV). The
11    court shall provide information on the  availability  of  HIV
12    testing   and  counseling  at  Department  of  Public  Health
13    facilities to all parties to whom the results of the  testing
14    are revealed and shall direct the State's Attorney to provide
15    the  information  to  the  victim  when  possible.  A State's
16    Attorney may petition the court to obtain the results of  any
17    HIV  test  administered  under  this   Section, and the court
18    shall grant the disclosure if the State's Attorney  shows  it
19    is  relevant  in  order  to  prosecute  a  charge of criminal
20    transmission of HIV under Section  12-16.2  of  the  Criminal
21    Code  of  1961  against  the defendant. The court shall order
22    that the cost of any such test shall be paid  by  the  county
23    and may be taxed as costs against the convicted defendant.
24        (i)  All  fines  and penalties imposed under this Section
25    for any violation of Chapters 3, 4, 6, and 11 of the Illinois
26    Vehicle Code, or a similar provision of  a  local  ordinance,
27    and any violation of the Child Passenger Protection Act, or a
28    similar  provision  of  a local ordinance, shall be collected
29    and disbursed by the circuit clerk as provided under  Section
30    27.5 of the Clerks of Courts Act.
31        (j)  In  cases  when  prosecution  for  any  violation of
32    Section 11-6,  11-8,  11-9,  11-11,  11-14,  11-15,  11-15.1,
33    11-16,   11-17,  11-17.1,  11-18,  11-18.1,  11-19,  11-19.1,
34    11-19.2, 11-20.1, 11-21, 12-13,  12-14,  12-14.1,  12-15,  or
 
                            -15-     LRB093 05263 RLC 05352 b
 1    12-16  of  the  Criminal  Code  of 1961, any violation of the
 2    Illinois Controlled Substances Act, or any violation  of  the
 3    Cannabis  Control Act results in conviction, a disposition of
 4    court supervision, or an order  of  probation  granted  under
 5    Section  10 of the Cannabis Control Act or Section 410 of the
 6    Illinois Controlled Substance Act of a defendant,  the  court
 7    shall  determine  whether  the  defendant  is  employed  by a
 8    facility or center as defined under the  Child  Care  Act  of
 9    1969,  a public or private elementary or secondary school, or
10    otherwise works with children under 18  years  of  age  on  a
11    daily  basis.   When  a  defendant  is so employed, the court
12    shall order the Clerk of the Court to  send  a  copy  of  the
13    judgment  of  conviction or order of supervision or probation
14    to  the  defendant's  employer  by  certified  mail.  If  the
15    employer of the defendant is a school, the Clerk of the Court
16    shall direct the  mailing  of  a  copy  of  the  judgment  of
17    conviction  or  order  of  supervision  or  probation  to the
18    appropriate regional superintendent of schools.  The regional
19    superintendent of schools shall notify  the  State  Board  of
20    Education of any notification under this subsection.
21        (j-5)  A  defendant  at  least  17  years  of  age who is
22    convicted of  a  felony  and  who  has  not  been  previously
23    convicted  of a misdemeanor or felony and who is sentenced to
24    a  term  of  imprisonment  in  the  Illinois  Department   of
25    Corrections  shall  as  a condition of his or her sentence be
26    required by the court to attend educational courses  designed
27    to  prepare  the  defendant  for a high school diploma and to
28    work toward a high school diploma or to work  toward  passing
29    the high school level Test of General Educational Development
30    (GED)  or  to  work  toward  completing a vocational training
31    program offered by  the  Department  of  Corrections.   If  a
32    defendant fails to complete the educational training required
33    by  his or her sentence during the term of incarceration, the
34    Prisoner Review Board shall,  as  a  condition  of  mandatory
 
                            -16-     LRB093 05263 RLC 05352 b
 1    supervised  release, require the defendant, at his or her own
 2    expense, to pursue a course of study  toward  a  high  school
 3    diploma  or  passage  of  the  GED test.  The Prisoner Review
 4    Board shall revoke the  mandatory  supervised  release  of  a
 5    defendant  who  wilfully fails to comply with this subsection
 6    (j-5) upon his or her release from  confinement  in  a  penal
 7    institution  while  serving  a  mandatory  supervised release
 8    term; however, the inability of the defendant after making  a
 9    good  faith  effort  to  obtain  financial aid or pay for the
10    educational training shall not be deemed a wilful failure  to
11    comply.    The  Prisoner  Review  Board  shall  recommit  the
12    defendant whose mandatory supervised release  term  has  been
13    revoked  under  this  subsection (j-5) as provided in Section
14    3-3-9.  This subsection (j-5) does not apply to  a  defendant
15    who  has a high school diploma or has successfully passed the
16    GED test. This subsection (j-5) does not apply to a defendant
17    who is determined by the court to be developmentally disabled
18    or otherwise mentally incapable of completing the educational
19    or vocational program.
20        (k)  A court may not impose a sentence or disposition for
21    a felony or misdemeanor that requires  the  defendant  to  be
22    implanted  or  injected  with  or  to  use  any form of birth
23    control.
24        (l) (A)  Except  as  provided   in   paragraph   (C)   of
25        subsection  (l), whenever a defendant, who is an alien as
26        defined  by  the  Immigration  and  Nationality  Act,  is
27        convicted of any felony or misdemeanor offense, the court
28        after sentencing the defendant may, upon  motion  of  the
29        State's  Attorney,  hold  sentence in abeyance and remand
30        the defendant to the custody of the Attorney  General  of
31        the  United  States  or his or her designated agent to be
32        deported when:
33                  (1)  a final  order  of  deportation  has  been
34             issued against the defendant pursuant to proceedings
 
                            -17-     LRB093 05263 RLC 05352 b
 1             under the Immigration and Nationality Act, and
 2                  (2)  the deportation of the defendant would not
 3             deprecate the seriousness of the defendant's conduct
 4             and  would  not  be  inconsistent  with  the ends of
 5             justice.
 6             Otherwise,  the  defendant  shall  be  sentenced  as
 7        provided in this Chapter V.
 8             (B)  If the defendant has already been sentenced for
 9        a felony or misdemeanor offense, or has  been  placed  on
10        probation under Section 10 of the Cannabis Control Act or
11        Section  410  of  the Illinois Controlled Substances Act,
12        the court may, upon motion of  the  State's  Attorney  to
13        suspend the sentence imposed, commit the defendant to the
14        custody  of  the Attorney General of the United States or
15        his or her designated agent when:
16                  (1)  a final  order  of  deportation  has  been
17             issued against the defendant pursuant to proceedings
18             under the Immigration and Nationality Act, and
19                  (2)  the deportation of the defendant would not
20             deprecate the seriousness of the defendant's conduct
21             and  would  not  be  inconsistent  with  the ends of
22             justice.
23             (C)  This subsection (l) does not apply to offenders
24        who are subject to the provisions  of  paragraph  (2)  of
25        subsection (a) of Section 3-6-3.
26             (D)  Upon  motion  of  the  State's  Attorney,  if a
27        defendant sentenced under this  Section  returns  to  the
28        jurisdiction of the United States, the defendant shall be
29        recommitted to the custody of the county from which he or
30        she  was  sentenced.  Thereafter,  the defendant shall be
31        brought before the sentencing court, which may impose any
32        sentence that was available under Section  5-5-3  at  the
33        time  of  initial sentencing.  In addition, the defendant
34        shall not be eligible for additional good conduct  credit
 
                            -18-     LRB093 05263 RLC 05352 b
 1        for meritorious service as provided under Section 3-6-6.
 2        (m)  A   person   convicted  of  criminal  defacement  of
 3    property under Section 21-1.3 of the Criminal Code  of  1961,
 4    in  which  the  property damage exceeds $300 and the property
 5    damaged is a school building, shall  be  ordered  to  perform
 6    community  service  that  may  include  cleanup,  removal, or
 7    painting over the defacement.
 8        (n)  If a child under 18 years of age is convicted of  or
 9    placed  on  supervision  for  criminal defacement of property
10    under Section 21-1.3  of  the  Criminal  Code  of  1961,  the
11    parent,  legal guardian, or other person having legal custody
12    of that child, shall be  ordered  by  the  court  to  perform
13    community service that includes cleanup, removal, or painting
14    over  the  defacement. The parent and child shall perform the
15    community service simultaneously.
16    (Source: P.A. 91-357,  eff.  7-29-99;  91-404,  eff.  1-1-00;
17    91-663,  eff.  12-22-99;  91-695,  eff. 4-13-00; 91-953, eff.
18    2-23-01; 92-183, eff. 7-27-01; 92-248, eff.  8-3-01;  92-283,
19    eff.  1-1-02;  92-340,  eff.  8-10-01;  92-418, eff. 8-17-01;
20    92-422, eff. 8-17-01;  92-651,  eff.  7-11-02;  92-698,  eff.
21    7-19-02.)