093_HB1604eng HB1604 Engrossed LRB093 09492 RLC 09727 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 HB1604 Engrossed -2- LRB093 09492 RLC 09727 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 $500 per public agency for each 24 such emergency response. For the purpose of this paragraph, 25 emergency response shall mean any incident requiring a 26 response by: a police officer as defined under Section 1-162 27 of the Illinois Vehicle Code; a fireman carried on the rolls 28 of a regularly constituted fire department; and an ambulance 29 as defined under Section 4.05 of the Emergency Medical 30 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 HB1604 Engrossed -3- LRB093 09492 RLC 09727 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 HB1604 Engrossed -4- LRB093 09492 RLC 09727 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 HB1604 Engrossed -5- LRB093 09492 RLC 09727 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 HB1604 Engrossed -6- LRB093 09492 RLC 09727 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 HB1604 Engrossed -7- LRB093 09492 RLC 09727 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 HB1604 Engrossed -8- LRB093 09492 RLC 09727 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 (11) The court shall impose a minimum fine of 34 $1,000 for a first offense and $2,000 for a second or HB1604 Engrossed -9- LRB093 09492 RLC 09727 b 1 subsequent offense upon a person convicted of or placed 2 on supervision for battery when the individual harmed was 3 a sports official or coach at any level of competition 4 and the act causing harm to the sports official occurred 5 within an athletic facility or within the immediate 6 vicinity of the athletic facility at which the sports 7 official or coach was an active participant of the 8 athletic contest held at the athletic facility. For the 9 purposes of this paragraph (11), "sports official" means 10 a person at an athletic contest who enforces the rules of 11 the contest, such as an umpire or referee and "coach" 12 means a person recognized as a coach by the sanctioning 13 authority that conducted the sporting event. 14 (d) In any case in which a sentence originally imposed 15 is vacated, the case shall be remanded to the trial court. 16 The trial court shall hold a hearing under Section 5-4-1 of 17 the Unified Code of Corrections which may include evidence of 18 the defendant's life, moral character and occupation during 19 the time since the original sentence was passed. The trial 20 court shall then impose sentence upon the defendant. The 21 trial court may impose any sentence which could have been 22 imposed at the original trial subject to Section 5-5-4 of the 23 Unified Code of Corrections. If a sentence is vacated on 24 appeal or on collateral attack due to the failure of the 25 trier of fact at trial to determine beyond a reasonable doubt 26 the existence of a fact (other than a prior conviction) 27 necessary to increase the punishment for the offense beyond 28 the statutory maximum otherwise applicable, either the 29 defendant may be re-sentenced to a term within the range 30 otherwise provided or, if the State files notice of its 31 intention to again seek the extended sentence, the defendant 32 shall be afforded a new trial. 33 (e) In cases where prosecution for criminal sexual 34 assault or aggravated criminal sexual abuse under Section HB1604 Engrossed -10- LRB093 09492 RLC 09727 b 1 12-13 or 12-16 of the Criminal Code of 1961 results in 2 conviction of a defendant who was a family member of the 3 victim at the time of the commission of the offense, the 4 court shall consider the safety and welfare of the victim and 5 may impose a sentence of probation only where: 6 (1) the court finds (A) or (B) or both are 7 appropriate: 8 (A) the defendant is willing to undergo a 9 court approved counseling program for a minimum 10 duration of 2 years; or 11 (B) the defendant is willing to participate in 12 a court approved plan including but not limited to 13 the defendant's: 14 (i) removal from the household; 15 (ii) restricted contact with the victim; 16 (iii) continued financial support of the 17 family; 18 (iv) restitution for harm done to the 19 victim; and 20 (v) compliance with any other measures 21 that the court may deem appropriate; and 22 (2) the court orders the defendant to pay for the 23 victim's counseling services, to the extent that the 24 court finds, after considering the defendant's income and 25 assets, that the defendant is financially capable of 26 paying for such services, if the victim was under 18 27 years of age at the time the offense was committed and 28 requires counseling as a result of the offense. 29 Probation may be revoked or modified pursuant to Section 30 5-6-4; except where the court determines at the hearing that 31 the defendant violated a condition of his or her probation 32 restricting contact with the victim or other family members 33 or commits another offense with the victim or other family 34 members, the court shall revoke the defendant's probation and HB1604 Engrossed -11- LRB093 09492 RLC 09727 b 1 impose a term of imprisonment. 2 For the purposes of this Section, "family member" and 3 "victim" shall have the meanings ascribed to them in Section 4 12-12 of the Criminal Code of 1961. 5 (f) This Article shall not deprive a court in other 6 proceedings to order a forfeiture of property, to suspend or 7 cancel a license, to remove a person from office, or to 8 impose any other civil penalty. 9 (g) Whenever a defendant is convicted of an offense 10 under Sections 11-14, 11-15, 11-15.1, 11-16, 11-17, 11-18, 11 11-18.1, 11-19, 11-19.1, 11-19.2, 12-13, 12-14, 12-14.1, 12 12-15 or 12-16 of the Criminal Code of 1961, the defendant 13 shall undergo medical testing to determine whether the 14 defendant has any sexually transmissible disease, including a 15 test for infection with human immunodeficiency virus (HIV) or 16 any other identified causative agent of acquired 17 immunodeficiency syndrome (AIDS). Any such medical test 18 shall be performed only by appropriately licensed medical 19 practitioners and may include an analysis of any bodily 20 fluids as well as an examination of the defendant's person. 21 Except as otherwise provided by law, the results of such test 22 shall be kept strictly confidential by all medical personnel 23 involved in the testing and must be personally delivered in a 24 sealed envelope to the judge of the court in which the 25 conviction was entered for the judge's inspection in camera. 26 Acting in accordance with the best interests of the victim 27 and the public, the judge shall have the discretion to 28 determine to whom, if anyone, the results of the testing may 29 be revealed. The court shall notify the defendant of the test 30 results. The court shall also notify the victim if requested 31 by the victim, and if the victim is under the age of 15 and 32 if requested by the victim's parents or legal guardian, the 33 court shall notify the victim's parents or legal guardian of 34 the test results. The court shall provide information on the HB1604 Engrossed -12- LRB093 09492 RLC 09727 b 1 availability of HIV testing and counseling at Department of 2 Public Health facilities to all parties to whom the results 3 of the testing are revealed and shall direct the State's 4 Attorney to provide the information to the victim when 5 possible. A State's Attorney may petition the court to obtain 6 the results of any HIV test administered under this Section, 7 and the court shall grant the disclosure if the State's 8 Attorney shows it is relevant in order to prosecute a charge 9 of criminal transmission of HIV under Section 12-16.2 of the 10 Criminal Code of 1961 against the defendant. The court shall 11 order that the cost of any such test shall be paid by the 12 county and may be taxed as costs against the convicted 13 defendant. 14 (g-5) When an inmate is tested for an airborne 15 communicable disease, as determined by the Illinois 16 Department of Public Health including but not limited to 17 tuberculosis, the results of the test shall be personally 18 delivered by the warden or his or her designee in a sealed 19 envelope to the judge of the court in which the inmate must 20 appear for the judge's inspection in camera if requested by 21 the judge. Acting in accordance with the best interests of 22 those in the courtroom, the judge shall have the discretion 23 to determine what if any precautions need to be taken to 24 prevent transmission of the disease in the courtroom. 25 (h) Whenever a defendant is convicted of an offense 26 under Section 1 or 2 of the Hypodermic Syringes and Needles 27 Act, the defendant shall undergo medical testing to determine 28 whether the defendant has been exposed to human 29 immunodeficiency virus (HIV) or any other identified 30 causative agent of acquired immunodeficiency syndrome (AIDS). 31 Except as otherwise provided by law, the results of such test 32 shall be kept strictly confidential by all medical personnel 33 involved in the testing and must be personally delivered in a 34 sealed envelope to the judge of the court in which the HB1604 Engrossed -13- LRB093 09492 RLC 09727 b 1 conviction was entered for the judge's inspection in camera. 2 Acting in accordance with the best interests of the public, 3 the judge shall have the discretion to determine to whom, if 4 anyone, the results of the testing may be revealed. The court 5 shall notify the defendant of a positive test showing an 6 infection with the human immunodeficiency virus (HIV). The 7 court shall provide information on the availability of HIV 8 testing and counseling at Department of Public Health 9 facilities to all parties to whom the results of the testing 10 are revealed and shall direct the State's Attorney to provide 11 the information to the victim when possible. A State's 12 Attorney may petition the court to obtain the results of any 13 HIV test administered under this Section, and the court 14 shall grant the disclosure if the State's Attorney shows it 15 is relevant in order to prosecute a charge of criminal 16 transmission of HIV under Section 12-16.2 of the Criminal 17 Code of 1961 against the defendant. The court shall order 18 that the cost of any such test shall be paid by the county 19 and may be taxed as costs against the convicted defendant. 20 (i) All fines and penalties imposed under this Section 21 for any violation of Chapters 3, 4, 6, and 11 of the Illinois 22 Vehicle Code, or a similar provision of a local ordinance, 23 and any violation of the Child Passenger Protection Act, or a 24 similar provision of a local ordinance, shall be collected 25 and disbursed by the circuit clerk as provided under Section 26 27.5 of the Clerks of Courts Act. 27 (j) In cases when prosecution for any violation of 28 Section 11-6, 11-8, 11-9, 11-11, 11-14, 11-15, 11-15.1, 29 11-16, 11-17, 11-17.1, 11-18, 11-18.1, 11-19, 11-19.1, 30 11-19.2, 11-20.1, 11-21, 12-13, 12-14, 12-14.1, 12-15, or 31 12-16 of the Criminal Code of 1961, any violation of the 32 Illinois Controlled Substances Act, or any violation of the 33 Cannabis Control Act results in conviction, a disposition of 34 court supervision, or an order of probation granted under HB1604 Engrossed -14- LRB093 09492 RLC 09727 b 1 Section 10 of the Cannabis Control Act or Section 410 of the 2 Illinois Controlled Substance Act of a defendant, the court 3 shall determine whether the defendant is employed by a 4 facility or center as defined under the Child Care Act of 5 1969, a public or private elementary or secondary school, or 6 otherwise works with children under 18 years of age on a 7 daily basis. When a defendant is so employed, the court 8 shall order the Clerk of the Court to send a copy of the 9 judgment of conviction or order of supervision or probation 10 to the defendant's employer by certified mail. If the 11 employer of the defendant is a school, the Clerk of the Court 12 shall direct the mailing of a copy of the judgment of 13 conviction or order of supervision or probation to the 14 appropriate regional superintendent of schools. The regional 15 superintendent of schools shall notify the State Board of 16 Education of any notification under this subsection. 17 (j-5) A defendant at least 17 years of age who is 18 convicted of a felony and who has not been previously 19 convicted of a misdemeanor or felony and who is sentenced to 20 a term of imprisonment in the Illinois Department of 21 Corrections shall as a condition of his or her sentence be 22 required by the court to attend educational courses designed 23 to prepare the defendant for a high school diploma and to 24 work toward a high school diploma or to work toward passing 25 the high school level Test of General Educational Development 26 (GED) or to work toward completing a vocational training 27 program offered by the Department of Corrections. If a 28 defendant fails to complete the educational training required 29 by his or her sentence during the term of incarceration, the 30 Prisoner Review Board shall, as a condition of mandatory 31 supervised release, require the defendant, at his or her own 32 expense, to pursue a course of study toward a high school 33 diploma or passage of the GED test. The Prisoner Review 34 Board shall revoke the mandatory supervised release of a HB1604 Engrossed -15- LRB093 09492 RLC 09727 b 1 defendant who wilfully fails to comply with this subsection 2 (j-5) upon his or her release from confinement in a penal 3 institution while serving a mandatory supervised release 4 term; however, the inability of the defendant after making a 5 good faith effort to obtain financial aid or pay for the 6 educational training shall not be deemed a wilful failure to 7 comply. The Prisoner Review Board shall recommit the 8 defendant whose mandatory supervised release term has been 9 revoked under this subsection (j-5) as provided in Section 10 3-3-9. This subsection (j-5) does not apply to a defendant 11 who has a high school diploma or has successfully passed the 12 GED test. This subsection (j-5) does not apply to a defendant 13 who is determined by the court to be developmentally disabled 14 or otherwise mentally incapable of completing the educational 15 or vocational program. 16 (k) A court may not impose a sentence or disposition for 17 a felony or misdemeanor that requires the defendant to be 18 implanted or injected with or to use any form of birth 19 control. 20 (l) (A) Except as provided in paragraph (C) of 21 subsection (l), whenever a defendant, who is an alien as 22 defined by the Immigration and Nationality Act, is 23 convicted of any felony or misdemeanor offense, the court 24 after sentencing the defendant may, upon motion of the 25 State's Attorney, hold sentence in abeyance and remand 26 the defendant to the custody of the Attorney General of 27 the United States or his or her designated agent to be 28 deported when: 29 (1) a final order of deportation has been 30 issued against the defendant pursuant to proceedings 31 under the Immigration and Nationality Act, and 32 (2) the deportation of the defendant would not 33 deprecate the seriousness of the defendant's conduct 34 and would not be inconsistent with the ends of HB1604 Engrossed -16- LRB093 09492 RLC 09727 b 1 justice. 2 Otherwise, the defendant shall be sentenced as 3 provided in this Chapter V. 4 (B) If the defendant has already been sentenced for 5 a felony or misdemeanor offense, or has been placed on 6 probation under Section 10 of the Cannabis Control Act or 7 Section 410 of the Illinois Controlled Substances Act, 8 the court may, upon motion of the State's Attorney to 9 suspend the sentence imposed, commit the defendant to the 10 custody of the Attorney General of the United States or 11 his or her designated agent when: 12 (1) a final order of deportation has been 13 issued against the defendant pursuant to proceedings 14 under the Immigration and Nationality Act, and 15 (2) the deportation of the defendant would not 16 deprecate the seriousness of the defendant's conduct 17 and would not be inconsistent with the ends of 18 justice. 19 (C) This subsection (l) does not apply to offenders 20 who are subject to the provisions of paragraph (2) of 21 subsection (a) of Section 3-6-3. 22 (D) Upon motion of the State's Attorney, if a 23 defendant sentenced under this Section returns to the 24 jurisdiction of the United States, the defendant shall be 25 recommitted to the custody of the county from which he or 26 she was sentenced. Thereafter, the defendant shall be 27 brought before the sentencing court, which may impose any 28 sentence that was available under Section 5-5-3 at the 29 time of initial sentencing. In addition, the defendant 30 shall not be eligible for additional good conduct credit 31 for meritorious service as provided under Section 3-6-6. 32 (m) A person convicted of criminal defacement of 33 property under Section 21-1.3 of the Criminal Code of 1961, 34 in which the property damage exceeds $300 and the property HB1604 Engrossed -17- LRB093 09492 RLC 09727 b 1 damaged is a school building, shall be ordered to perform 2 community service that may include cleanup, removal, or 3 painting over the defacement. 4 (Source: P.A. 91-357, eff. 7-29-99; 91-404, eff. 1-1-00; 5 91-663, eff. 12-22-99; 91-695, eff. 4-13-00; 91-953, eff. 6 2-23-01; 92-183, eff. 7-27-01; 92-248, eff. 8-3-01; 92-283, 7 eff. 1-1-02; 92-340, eff. 8-10-01; 92-418, eff. 8-17-01; 8 92-422, eff. 8-17-01; 92-651, eff. 7-11-02; 92-698, eff. 9 7-19-02.)