093_HB3387eng HB3387 Engrossed LRB093 07217 RLC 12032 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 HB3387 Engrossed -2- LRB093 07217 RLC 12032 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 HB3387 Engrossed -3- LRB093 07217 RLC 12032 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 HB3387 Engrossed -4- LRB093 07217 RLC 12032 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 HB3387 Engrossed -5- LRB093 07217 RLC 12032 b 1 Criminal Code of 1961. 2 (S) A violation of Section 11-501(c-1)(3) of 3 the Illinois Vehicle Code. 4 (T) A second or subsequent violation of Section 5 401 of the Illinois Controlled Substances Act if the 6 violation involves the possession with intent to 7 manufacture or transportation of any amount, with 8 the intent to manufacture, an immediate precursor of 9 methamphetamine. 10 (3) A minimum term of imprisonment of not less than 11 5 days or 30 days of community service as may be 12 determined by the court shall be imposed for a second 13 violation committed within 5 years of a previous 14 violation of Section 11-501 of the Illinois Vehicle Code 15 or a similar provision of a local ordinance. In the case 16 of a third or subsequent violation committed within 5 17 years of a previous violation of Section 11-501 of the 18 Illinois Vehicle Code or a similar provision of a local 19 ordinance, a minimum term of either 10 days of 20 imprisonment or 60 days of community service shall be 21 imposed. 22 (4) A minimum term of imprisonment of not less than 23 10 consecutive days or 30 days of community service shall 24 be imposed for a violation of paragraph (c) of Section 25 6-303 of the Illinois Vehicle Code. 26 (4.1) A minimum term of 30 consecutive days of 27 imprisonment, 40 days of 24 hour periodic imprisonment or 28 720 hours of community service, as may be determined by 29 the court, shall be imposed for a violation of Section 30 11-501 of the Illinois Vehicle Code during a period in 31 which the defendant's driving privileges are revoked or 32 suspended, where the revocation or suspension was for a 33 violation of Section 11-501 or Section 11-501.1 of that 34 Code. HB3387 Engrossed -6- LRB093 07217 RLC 12032 b 1 (4.2) Except as provided in paragraph (4.3) of this 2 subsection (c), a minimum of 100 hours of community 3 service shall be imposed for a second violation of 4 Section 6-303 of the Illinois Vehicle Code. 5 (4.3) A minimum term of imprisonment of 30 days or 6 300 hours of community service, as determined by the 7 court, shall be imposed for a second violation of 8 subsection (c) of Section 6-303 of the Illinois Vehicle 9 Code. 10 (4.4) Except as provided in paragraph (4.5) and 11 paragraph (4.6) of this subsection (c), a minimum term of 12 imprisonment of 30 days or 300 hours of community 13 service, as determined by the court, shall be imposed for 14 a third or subsequent violation of Section 6-303 of the 15 Illinois Vehicle Code. 16 (4.5) A minimum term of imprisonment of 30 days 17 shall be imposed for a third violation of subsection (c) 18 of Section 6-303 of the Illinois Vehicle Code. 19 (4.6) A minimum term of imprisonment of 180 days 20 shall be imposed for a fourth or subsequent violation of 21 subsection (c) of Section 6-303 of the Illinois Vehicle 22 Code. 23 (5) The court may sentence an offender convicted of 24 a business offense or a petty offense or a corporation or 25 unincorporated association convicted of any offense to: 26 (A) a period of conditional discharge; 27 (B) a fine; 28 (C) make restitution to the victim under 29 Section 5-5-6 of this Code. 30 (5.1) In addition to any penalties imposed under 31 paragraph (5) of this subsection (c), and except as 32 provided in paragraph (5.2) or (5.3), a person convicted 33 of violating subsection (c) of Section 11-907 of the 34 Illinois Vehicle Code shall have his or her driver's HB3387 Engrossed -7- LRB093 07217 RLC 12032 b 1 license, permit, or privileges suspended for at least 90 2 days but not more than one year, if the violation 3 resulted in damage to the property of another person. 4 (5.2) In addition to any penalties imposed under 5 paragraph (5) of this subsection (c), and except as 6 provided in paragraph (5.3), a person convicted of 7 violating subsection (c) of Section 11-907 of the 8 Illinois Vehicle Code shall have his or her driver's 9 license, permit, or privileges suspended for at least 180 10 days but not more than 2 years, if the violation resulted 11 in injury to another person. 12 (5.3) In addition to any penalties imposed under 13 paragraph (5) of this subsection (c), a person convicted 14 of violating subsection (c) of Section 11-907 of the 15 Illinois Vehicle Code shall have his or her driver's 16 license, permit, or privileges suspended for 2 years, if 17 the violation resulted in the death of another person. 18 (6) In no case shall an offender be eligible for a 19 disposition of probation or conditional discharge for a 20 Class 1 felony committed while he was serving a term of 21 probation or conditional discharge for a felony. 22 (7) When a defendant is adjudged a habitual 23 criminal under Article 33B of the Criminal Code of 1961, 24 the court shall sentence the defendant to a term of 25 natural life imprisonment. 26 (8) When a defendant, over the age of 21 years, is 27 convicted of a Class 1 or Class 2 felony, after having 28 twice been convicted in any state or federal court of an 29 offense that contains the same elements as an offense now 30 classified in Illinois as a Class 2 or greater Class 31 felony and such charges are separately brought and tried 32 and arise out of different series of acts, such defendant 33 shall be sentenced as a Class X offender. This paragraph 34 shall not apply unless (1) the first felony was committed HB3387 Engrossed -8- LRB093 07217 RLC 12032 b 1 after the effective date of this amendatory Act of 1977; 2 and (2) the second felony was committed after conviction 3 on the first; and (3) the third felony was committed 4 after conviction on the second. A person sentenced as a 5 Class X offender under this paragraph is not eligible to 6 apply for treatment as a condition of probation as 7 provided by Section 40-10 of the Alcoholism and Other 8 Drug Abuse and Dependency Act. 9 (9) A defendant convicted of a second or subsequent 10 offense of ritualized abuse of a child may be sentenced 11 to a term of natural life imprisonment. 12 (10) When a person is convicted of violating 13 Section 11-501 of the Illinois Vehicle Code or a similar 14 provision of a local ordinance, the following penalties 15 apply when his or her blood, breath, or urine was .16 or 16 more based on the definition of blood, breath, or urine 17 units in Section 11-501.2 or that person is convicted of 18 violating Section 11-501 of the Illinois Vehicle Code 19 while transporting a child under the age of 16: 20 (A) For a first violation of subsection (a) of 21 Section 11-501, in addition to any other penalty 22 that may be imposed under subsection (c) of Section 23 11-501: a mandatory minimum of 100 hours of 24 community service and a minimum fine of $500. 25 (B) For a second violation of subsection (a) 26 of Section 11-501, in addition to any other penalty 27 that may be imposed under subsection (c) of Section 28 11-501 within 10 years: a mandatory minimum of 2 29 days of imprisonment and a minimum fine of $1,250. 30 (C) For a third violation of subsection (a) of 31 Section 11-501, in addition to any other penalty 32 that may be imposed under subsection (c) of Section 33 11-501 within 20 years: a mandatory minimum of 90 34 days of imprisonment and a minimum fine of $2,500. HB3387 Engrossed -9- LRB093 07217 RLC 12032 b 1 (D) For a fourth or subsequent violation of 2 subsection (a) of Section 11-501: ineligibility for 3 a sentence of probation or conditional discharge and 4 a minimum fine of $2,500. 5 (d) In any case in which a sentence originally imposed 6 is vacated, the case shall be remanded to the trial court. 7 The trial court shall hold a hearing under Section 5-4-1 of 8 the Unified Code of Corrections which may include evidence of 9 the defendant's life, moral character and occupation during 10 the time since the original sentence was passed. The trial 11 court shall then impose sentence upon the defendant. The 12 trial court may impose any sentence which could have been 13 imposed at the original trial subject to Section 5-5-4 of the 14 Unified Code of Corrections. If a sentence is vacated on 15 appeal or on collateral attack due to the failure of the 16 trier of fact at trial to determine beyond a reasonable doubt 17 the existence of a fact (other than a prior conviction) 18 necessary to increase the punishment for the offense beyond 19 the statutory maximum otherwise applicable, either the 20 defendant may be re-sentenced to a term within the range 21 otherwise provided or, if the State files notice of its 22 intention to again seek the extended sentence, the defendant 23 shall be afforded a new trial. 24 (e) In cases where prosecution for criminal sexual 25 assault or aggravated criminal sexual abuse under Section 26 12-13 or 12-16 of the Criminal Code of 1961 results in 27 conviction of a defendant who was a family member of the 28 victim at the time of the commission of the offense, the 29 court shall consider the safety and welfare of the victim and 30 may impose a sentence of probation only where: 31 (1) the court finds (A) or (B) or both are 32 appropriate: 33 (A) the defendant is willing to undergo a 34 court approved counseling program for a minimum HB3387 Engrossed -10- LRB093 07217 RLC 12032 b 1 duration of 2 years; or 2 (B) the defendant is willing to participate in 3 a court approved plan including but not limited to 4 the defendant's: 5 (i) removal from the household; 6 (ii) restricted contact with the victim; 7 (iii) continued financial support of the 8 family; 9 (iv) restitution for harm done to the 10 victim; and 11 (v) compliance with any other measures 12 that the court may deem appropriate; and 13 (2) the court orders the defendant to pay for the 14 victim's counseling services, to the extent that the 15 court finds, after considering the defendant's income and 16 assets, that the defendant is financially capable of 17 paying for such services, if the victim was under 18 18 years of age at the time the offense was committed and 19 requires counseling as a result of the offense. 20 Probation may be revoked or modified pursuant to Section 21 5-6-4; except where the court determines at the hearing that 22 the defendant violated a condition of his or her probation 23 restricting contact with the victim or other family members 24 or commits another offense with the victim or other family 25 members, the court shall revoke the defendant's probation and 26 impose a term of imprisonment. 27 For the purposes of this Section, "family member" and 28 "victim" shall have the meanings ascribed to them in Section 29 12-12 of the Criminal Code of 1961. 30 (f) This Article shall not deprive a court in other 31 proceedings to order a forfeiture of property, to suspend or 32 cancel a license, to remove a person from office, or to 33 impose any other civil penalty. 34 (g) Whenever a defendant is convicted of an offense HB3387 Engrossed -11- LRB093 07217 RLC 12032 b 1 under Sections 11-14, 11-15, 11-15.1, 11-16, 11-17, 11-18, 2 11-18.1, 11-19, 11-19.1, 11-19.2, 12-13, 12-14, 12-14.1, 3 12-15 or 12-16 of the Criminal Code of 1961, the defendant 4 shall undergo medical testing to determine whether the 5 defendant has any sexually transmissible disease, including a 6 test for infection with human immunodeficiency virus (HIV) or 7 any other identified causative agent of acquired 8 immunodeficiency syndrome (AIDS). Any such medical test 9 shall be performed only by appropriately licensed medical 10 practitioners and may include an analysis of any bodily 11 fluids as well as an examination of the defendant's person. 12 Except as otherwise provided by law, the results of such test 13 shall be kept strictly confidential by all medical personnel 14 involved in the testing and must be personally delivered in a 15 sealed envelope to the judge of the court in which the 16 conviction was entered for the judge's inspection in camera. 17 Acting in accordance with the best interests of the victim 18 and the public, the judge shall have the discretion to 19 determine to whom, if anyone, the results of the testing may 20 be revealed. The court shall notify the defendant of the test 21 results. The court shall also notify the victim if requested 22 by the victim, and if the victim is under the age of 15 and 23 if requested by the victim's parents or legal guardian, the 24 court shall notify the victim's parents or legal guardian of 25 the test results. The court shall provide information on the 26 availability of HIV testing and counseling at Department of 27 Public Health facilities to all parties to whom the results 28 of the testing are revealed and shall direct the State's 29 Attorney to provide the information to the victim when 30 possible. A State's Attorney may petition the court to obtain 31 the results of any HIV test administered under this Section, 32 and the court shall grant the disclosure if the State's 33 Attorney shows it is relevant in order to prosecute a charge 34 of criminal transmission of HIV under Section 12-16.2 of the HB3387 Engrossed -12- LRB093 07217 RLC 12032 b 1 Criminal Code of 1961 against the defendant. The court shall 2 order that the cost of any such test shall be paid by the 3 county and may be taxed as costs against the convicted 4 defendant. 5 (g-5) When an inmate is tested for an airborne 6 communicable disease, as determined by the Illinois 7 Department of Public Health including but not limited to 8 tuberculosis, the results of the test shall be personally 9 delivered by the warden or his or her designee in a sealed 10 envelope to the judge of the court in which the inmate must 11 appear for the judge's inspection in camera if requested by 12 the judge. Acting in accordance with the best interests of 13 those in the courtroom, the judge shall have the discretion 14 to determine what if any precautions need to be taken to 15 prevent transmission of the disease in the courtroom. 16 (h) Whenever a defendant is convicted of an offense 17 under Section 1 or 2 of the Hypodermic Syringes and Needles 18 Act, the defendant shall undergo medical testing to determine 19 whether the defendant has been exposed to human 20 immunodeficiency virus (HIV) or any other identified 21 causative agent of acquired immunodeficiency syndrome (AIDS). 22 Except as otherwise provided by law, the results of such test 23 shall be kept strictly confidential by all medical personnel 24 involved in the testing and must be personally delivered in a 25 sealed envelope to the judge of the court in which the 26 conviction was entered for the judge's inspection in camera. 27 Acting in accordance with the best interests of the public, 28 the judge shall have the discretion to determine to whom, if 29 anyone, the results of the testing may be revealed. The court 30 shall notify the defendant of a positive test showing an 31 infection with the human immunodeficiency virus (HIV). The 32 court shall provide information on the availability of HIV 33 testing and counseling at Department of Public Health 34 facilities to all parties to whom the results of the testing HB3387 Engrossed -13- LRB093 07217 RLC 12032 b 1 are revealed and shall direct the State's Attorney to provide 2 the information to the victim when possible. A State's 3 Attorney may petition the court to obtain the results of any 4 HIV test administered under this Section, and the court 5 shall grant the disclosure if the State's Attorney shows it 6 is relevant in order to prosecute a charge of criminal 7 transmission of HIV under Section 12-16.2 of the Criminal 8 Code of 1961 against the defendant. The court shall order 9 that the cost of any such test shall be paid by the county 10 and may be taxed as costs against the convicted defendant. 11 (i) All fines and penalties imposed under this Section 12 for any violation of Chapters 3, 4, 6, and 11 of the Illinois 13 Vehicle Code, or a similar provision of a local ordinance, 14 and any violation of the Child Passenger Protection Act, or a 15 similar provision of a local ordinance, shall be collected 16 and disbursed by the circuit clerk as provided under Section 17 27.5 of the Clerks of Courts Act. 18 (j) In cases when prosecution for any violation of 19 Section 11-6, 11-8, 11-9, 11-11, 11-14, 11-15, 11-15.1, 20 11-16, 11-17, 11-17.1, 11-18, 11-18.1, 11-19, 11-19.1, 21 11-19.2, 11-20.1, 11-21, 12-13, 12-14, 12-14.1, 12-15, or 22 12-16 of the Criminal Code of 1961, any violation of the 23 Illinois Controlled Substances Act, or any violation of the 24 Cannabis Control Act results in conviction, a disposition of 25 court supervision, or an order of probation granted under 26 Section 10 of the Cannabis Control Act or Section 410 of the 27 Illinois Controlled Substance Act of a defendant, the court 28 shall determine whether the defendant is employed by a 29 facility or center as defined under the Child Care Act of 30 1969, a public or private elementary or secondary school, or 31 otherwise works with children under 18 years of age on a 32 daily basis. When a defendant is so employed, the court 33 shall order the Clerk of the Court to send a copy of the 34 judgment of conviction or order of supervision or probation HB3387 Engrossed -14- LRB093 07217 RLC 12032 b 1 to the defendant's employer by certified mail. If the 2 employer of the defendant is a school, the Clerk of the Court 3 shall direct the mailing of a copy of the judgment of 4 conviction or order of supervision or probation to the 5 appropriate regional superintendent of schools. The regional 6 superintendent of schools shall notify the State Board of 7 Education of any notification under this subsection. 8 (j-5) A defendant at least 17 years of age who is 9 convicted of a felony and who has not been previously 10 convicted of a misdemeanor or felony and who is sentenced to 11 a term of imprisonment in the Illinois Department of 12 Corrections shall as a condition of his or her sentence be 13 required by the court to attend educational courses designed 14 to prepare the defendant for a high school diploma and to 15 work toward a high school diploma or to work toward passing 16 the high school level Test of General Educational Development 17 (GED) or to work toward completing a vocational training 18 program offered by the Department of Corrections. If a 19 defendant fails to complete the educational training required 20 by his or her sentence during the term of incarceration, the 21 Prisoner Review Board shall, as a condition of mandatory 22 supervised release, require the defendant, at his or her own 23 expense, to pursue a course of study toward a high school 24 diploma or passage of the GED test. The Prisoner Review 25 Board shall revoke the mandatory supervised release of a 26 defendant who wilfully fails to comply with this subsection 27 (j-5) upon his or her release from confinement in a penal 28 institution while serving a mandatory supervised release 29 term; however, the inability of the defendant after making a 30 good faith effort to obtain financial aid or pay for the 31 educational training shall not be deemed a wilful failure to 32 comply. The Prisoner Review Board shall recommit the 33 defendant whose mandatory supervised release term has been 34 revoked under this subsection (j-5) as provided in Section HB3387 Engrossed -15- LRB093 07217 RLC 12032 b 1 3-3-9. This subsection (j-5) does not apply to a defendant 2 who has a high school diploma or has successfully passed the 3 GED test. This subsection (j-5) does not apply to a defendant 4 who is determined by the court to be developmentally disabled 5 or otherwise mentally incapable of completing the educational 6 or vocational program. 7 (k) A court may not impose a sentence or disposition for 8 a felony or misdemeanor that requires the defendant to be 9 implanted or injected with or to use any form of birth 10 control. 11 (l) (A) Except as provided in paragraph (C) of 12 subsection (l), whenever a defendant, who is an alien as 13 defined by the Immigration and Nationality Act, is 14 convicted of any felony or misdemeanor offense, the court 15 after sentencing the defendant may, upon motion of the 16 State's Attorney, hold sentence in abeyance and remand 17 the defendant to the custody of the Attorney General of 18 the United States or his or her designated agent to be 19 deported when: 20 (1) a final order of deportation has been 21 issued against the defendant pursuant to proceedings 22 under the Immigration and Nationality Act, and 23 (2) the deportation of the defendant would not 24 deprecate the seriousness of the defendant's conduct 25 and would not be inconsistent with the ends of 26 justice. 27 Otherwise, the defendant shall be sentenced as 28 provided in this Chapter V. 29 (B) If the defendant has already been sentenced for 30 a felony or misdemeanor offense, or has been placed on 31 probation under Section 10 of the Cannabis Control Act or 32 Section 410 of the Illinois Controlled Substances Act, 33 the court may, upon motion of the State's Attorney to 34 suspend the sentence imposed, commit the defendant to the HB3387 Engrossed -16- LRB093 07217 RLC 12032 b 1 custody of the Attorney General of the United States or 2 his or her designated agent when: 3 (1) a final order of deportation has been 4 issued against the defendant pursuant to proceedings 5 under the Immigration and Nationality Act, and 6 (2) the deportation of the defendant would not 7 deprecate the seriousness of the defendant's conduct 8 and would not be inconsistent with the ends of 9 justice. 10 (C) This subsection (l) does not apply to offenders 11 who are subject to the provisions of paragraph (2) of 12 subsection (a) of Section 3-6-3. 13 (D) Upon motion of the State's Attorney, if a 14 defendant sentenced under this Section returns to the 15 jurisdiction of the United States, the defendant shall be 16 recommitted to the custody of the county from which he or 17 she was sentenced. Thereafter, the defendant shall be 18 brought before the sentencing court, which may impose any 19 sentence that was available under Section 5-5-3 at the 20 time of initial sentencing. In addition, the defendant 21 shall not be eligible for additional good conduct credit 22 for meritorious service as provided under Section 3-6-6. 23 (m) A person convicted of criminal defacement of 24 property under Section 21-1.3 of the Criminal Code of 1961, 25 in which the property damage exceeds $300 and the property 26 damaged is a school building, shall be ordered to perform 27 community service that may include cleanup, removal, or 28 painting over the defacement. 29 (Source: P.A. 91-357, eff. 7-29-99; 91-404, eff. 1-1-00; 30 91-663, eff. 12-22-99; 91-695, eff. 4-13-00; 91-953, eff. 31 2-23-01; 92-183, eff. 7-27-01; 92-248, eff. 8-3-01; 92-283, 32 eff. 1-1-02; 92-340, eff. 8-10-01; 92-418, eff. 8-17-01; 33 92-422, eff. 8-17-01; 92-651, eff. 7-11-02; 92-698, eff. 34 7-19-02.)