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1 | AN ACT in relation to vehicles.
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2 | Be it enacted by the People of the State of Illinois, | ||||||
3 | represented in the General Assembly:
| ||||||
4 | Section 5. The Boat Registration and Safety Act is amended | ||||||
5 | by changing
Sections 5-2, 5-16, 6-1, 11A-3, 11A-4, and 11A-5 as | ||||||
6 | follows:
| ||||||
7 | (625 ILCS 45/5-2) (from Ch. 95 1/2, par. 315-2)
| ||||||
8 | Sec. 5-2. Reckless operation.
| ||||||
9 | (a) No person shall operate any watercraft,
specialty | ||||||
10 | prop-craft, personal watercraft or manipulate any water skis,
| ||||||
11 | aquaplane, or similar device in such a manner as to willfully | ||||||
12 | or wantonly
endanger the life, limb or property of any person, | ||||||
13 | to weave through
congested traffic, to jump the wake of another | ||||||
14 | vessel unreasonably or
unnecessarily close to the other vessel | ||||||
15 | or when visibility around the other
vessel is obstructed, to | ||||||
16 | wait until the last possible moment to swerve to
avoid | ||||||
17 | collision, or operate any watercraft so as to approach or pass
| ||||||
18 | another watercraft in such a manner or at such a rate of speed | ||||||
19 | as to create
a hazardous wake or wash.
| ||||||
20 | (b) A person convicted of committing a violation of this | ||||||
21 | Section shall be
guilty of aggravated reckless operation of a | ||||||
22 | watercraft if the violation of
this Section resulted in great | ||||||
23 | bodily harm or permanent disability or
disfigurement of | ||||||
24 | another, when the violation was a proximate cause of the
| ||||||
25 | injuries.
| ||||||
26 | (Source: P.A. 87-798.)
| ||||||
27 | (625 ILCS 45/5-16)
| ||||||
28 | Sec. 5-16. Operating a watercraft under the influence of | ||||||
29 | alcohol,
other drug, or combination thereof.
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30 | (A) 1. A person shall not operate or be in actual physical | ||||||
31 | control of
any watercraft within this State while:
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1 | (a) The alcohol concentration in such person's | ||||||
2 | blood or breath is a
concentration at which driving a | ||||||
3 | motor vehicle is prohibited under subdivision
(1) of | ||||||
4 | subsection (a) of
Section 11-501 of the Illinois | ||||||
5 | Vehicle Code;
| ||||||
6 | (b) Under the influence of alcohol;
| ||||||
7 | (c) Under the influence of any other drug or | ||||||
8 | combination of drugs to a
degree which renders such | ||||||
9 | person incapable of safely operating
any watercraft;
| ||||||
10 | (d) Under the combined influence of alcohol and any | ||||||
11 | other drug or
drugs to a degree which renders such | ||||||
12 | person incapable of safely operating
a watercraft; or
| ||||||
13 | (e) There is any amount of a drug, substance, or | ||||||
14 | compound in the
person's blood or urine resulting from | ||||||
15 | the unlawful use or consumption of
cannabis as defined | ||||||
16 | in the Cannabis Control Act or a controlled substance
| ||||||
17 | listed in the Illinois Controlled Substances Act.
| ||||||
18 | 2. The fact that any person charged with violating this | ||||||
19 | Section is or
has been legally entitled to use alcohol, or | ||||||
20 | other drugs, or any combination of
both, shall not | ||||||
21 | constitute a defense against any charge of violating this
| ||||||
22 | Section.
| ||||||
23 | 3. Every person convicted of violating this Section | ||||||
24 | shall be guilty of a
Class A misdemeanor, except as | ||||||
25 | otherwise provided in this Section.
| ||||||
26 | 4. Every person convicted of violating this Section
| ||||||
27 | shall be guilty of a Class 4 felony if: | ||||||
28 | (a) He has a previous conviction under this
| ||||||
29 | Section; | ||||||
30 | (b) The offense results in personal injury where
a | ||||||
31 | person other than the operator suffers great bodily | ||||||
32 | harm or permanent disability or disfigurement, when | ||||||
33 | the violation was a proximate cause of the injuries. A | ||||||
34 | person guilty of a Class 4 felony under this | ||||||
35 | subparagraph (b), if sentenced to a term of | ||||||
36 | imprisonment, shall be sentenced to a term of not less |
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| |||||||
1 | than one year nor more than 12 years; or | ||||||
2 | (c) The offense occurred during a period in
which | ||||||
3 | his or her privileges to operate a watercraft are | ||||||
4 | revoked or suspended, and the revocation or suspension | ||||||
5 | was for a violation of this Section or was imposed | ||||||
6 | under subsection (B). | ||||||
7 | 5. Every person convicted of violating this Section | ||||||
8 | shall be
guilty of a Class 2 felony if the offense results | ||||||
9 | in the death of a
person.
A person guilty of a Class 2 | ||||||
10 | felony under this paragraph 5, if sentenced to a
term of | ||||||
11 | imprisonment, shall be sentenced to a term of not less than | ||||||
12 | 3 years
and not more than 14 years.
| ||||||
13 | 6. (a) In addition to any criminal penalties imposed, | ||||||
14 | the Department of
Natural Resources shall suspend the | ||||||
15 | watercraft operation privileges of any
person
| ||||||
16 | convicted or found guilty of a misdemeanor under this | ||||||
17 | Section , or a similar provision of a local ordinance or | ||||||
18 | Title 46, Part A, Chapter 23, Section 2302 of the U.S. | ||||||
19 | Code of Federal Regulations, for a period
of one year, | ||||||
20 | except that a first time offender who is placed on | ||||||
21 | court supervision is exempt from this mandatory
one | ||||||
22 | year suspension.
| ||||||
23 | (b) In addition to any criminal penalties imposed, | ||||||
24 | the Department of
Natural Resources shall suspend the | ||||||
25 | watercraft operation privileges of any
person
| ||||||
26 | convicted of a felony under this Section , or a similar | ||||||
27 | provision of a local ordinance or federal law, or | ||||||
28 | Section 9-3 of the Criminal Code, for a period of 3 | ||||||
29 | years. | ||||||
30 | (B) 1. Any person who operates or is in actual physical | ||||||
31 | control of any
watercraft upon the waters of this
State | ||||||
32 | shall be deemed to have given consent to a chemical test or | ||||||
33 | tests of
blood, breath or urine for the purpose of | ||||||
34 | determining the alcohol, other
drug, or combination | ||||||
35 | thereof content of such person's blood if arrested for
any | ||||||
36 | offense of subsection (A) above. The test or tests shall be |
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1 | administered at
the direction of the arresting officer.
| ||||||
2 | 2. Any person who is dead, unconscious or who is | ||||||
3 | otherwise in a condition
rendering such person incapable of | ||||||
4 | refusal, shall be deemed not to have
withdrawn the consent | ||||||
5 | provided above.
| ||||||
6 | 3. A person requested to submit to a test as provided | ||||||
7 | above shall be
verbally advised by the law enforcement | ||||||
8 | officer requesting the test that a
refusal to submit to the | ||||||
9 | test will result in suspension of such person's
privilege | ||||||
10 | to operate a watercraft. Following this warning, if a | ||||||
11 | person
under arrest refuses upon the request of a law | ||||||
12 | enforcement officer to
submit to a test designated by the | ||||||
13 | officer, none
shall be given, but the law enforcement | ||||||
14 | officer shall file with the clerk
of the circuit court for | ||||||
15 | the county in which the arrest was made, a sworn
statement | ||||||
16 | naming the person refusing to take and complete the test or | ||||||
17 | tests
requested under the provisions of this Section. Such | ||||||
18 | sworn statement shall
identify the arrested person, such | ||||||
19 | person's current residence address and
shall specify that a | ||||||
20 | refusal by such person to take the test or tests was
made. | ||||||
21 | Such sworn statement shall include a statement that the | ||||||
22 | arresting
officer had reasonable cause to believe the | ||||||
23 | person was operating or was in
actual physical control of
| ||||||
24 | the
watercraft within this State while under the influence | ||||||
25 | of alcohol, other
drug, or combination thereof and that | ||||||
26 | such test or tests were made as an
incident to and | ||||||
27 | following the lawful arrest for an offense as defined in
| ||||||
28 | this Section or a similar provision of a local ordinance, | ||||||
29 | and that the
person after being arrested for an offense | ||||||
30 | arising out of acts alleged to
have been committed while so | ||||||
31 | operating or in actual physical control of a
watercraft | ||||||
32 | refused to submit to
and complete a test or tests as | ||||||
33 | requested by the law enforcement officer.
| ||||||
34 | The clerk shall thereupon notify such person in writing | ||||||
35 | that the person's
privilege to operate a watercraft will be | ||||||
36 | suspended unless, within 28 days
from the date of mailing |
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1 | of the notice, such person shall request in
writing a | ||||||
2 | hearing thereon; if the person desires a hearing, such | ||||||
3 | person
shall file a complaint in the circuit court for and | ||||||
4 | in the county in which
such person was arrested for such | ||||||
5 | hearing. Such hearing shall proceed in
the court in the | ||||||
6 | same manner as other civil proceedings, shall cover only
| ||||||
7 | the issues of whether the person was placed under arrest | ||||||
8 | for an offense as
defined in this Section or a similar | ||||||
9 | provision of a local ordinance as
evidenced by the issuance | ||||||
10 | of a uniform citation; whether the arresting
officer had | ||||||
11 | reasonable grounds to believe that such person was | ||||||
12 | operating or
was in actual physical control of a
watercraft | ||||||
13 | while under the influence of alcohol, other drug, or | ||||||
14 | combination
thereof; and whether such person refused to | ||||||
15 | submit and complete the test or
tests upon the request of | ||||||
16 | the law enforcement officer. Whether the person
was | ||||||
17 | informed that such person's privilege to operate a | ||||||
18 | watercraft would be
suspended if such person refused to | ||||||
19 | submit to the test or tests shall not be an
issue.
| ||||||
20 | If the court finds against the person on the issues | ||||||
21 | before the court, the
clerk shall immediately notify the | ||||||
22 | Department of Natural Resources of the
court's decision, | ||||||
23 | and the Department shall suspend the watercraft operation
| ||||||
24 | privileges of the person for at least 2 years.
| ||||||
25 | 4. A person must submit to each test offered by the law | ||||||
26 | enforcement
officer
in order to comply with the implied | ||||||
27 | consent provisions of this Section.
| ||||||
28 | 5. The provisions of Section 11-501.2 of the Illinois | ||||||
29 | Vehicle Code, as
amended, concerning the certification and | ||||||
30 | use of chemical tests apply to the
use of such tests under | ||||||
31 | this Section.
| ||||||
32 | (C) Upon the trial of any civil or criminal action or | ||||||
33 | proceeding arising out
of acts alleged to have been committed | ||||||
34 | by any person while operating or in
actual physical control of
| ||||||
35 | a
watercraft while under the influence of alcohol, the | ||||||
36 | concentration of alcohol
in the person's blood or breath at the |
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1 | time alleged as shown by analysis of a
person's blood, urine, | ||||||
2 | breath, or other bodily substance shall give rise to the
| ||||||
3 | presumptions specified in subdivisions 1, 2, and 3 of
| ||||||
4 | subsection (b) of Section 11-501.2 of the Illinois Vehicle | ||||||
5 | Code. The foregoing
provisions of this subsection (C) shall not | ||||||
6 | be
construed
as limiting the introduction of any other relevant | ||||||
7 | evidence bearing upon the
question whether the person was under | ||||||
8 | the influence of alcohol.
| ||||||
9 | (D) If a person under arrest refuses to submit to a | ||||||
10 | chemical test under
the provisions of this Section, evidence of | ||||||
11 | refusal shall be admissible in
any civil or criminal action or | ||||||
12 | proceeding arising out of acts alleged to
have been committed | ||||||
13 | while the person under the influence of alcohol, or
other | ||||||
14 | drugs, or combination of both was operating or was in actual | ||||||
15 | physical
control of a watercraft.
| ||||||
16 | (E) The owner of any watercraft or any person given | ||||||
17 | supervisory
authority over a watercraft, may not knowingly | ||||||
18 | permit a watercraft to be
operated by any person under the | ||||||
19 | influence of alcohol, other drug, or
combination thereof.
| ||||||
20 | (F) Whenever any person is convicted of a violation of this
| ||||||
21 | Section, the court shall notify the Division of Law Enforcement | ||||||
22 | of the
Department of Natural Resources, to provide the | ||||||
23 | Department with the records
essential for the performance of | ||||||
24 | the Department's duties to monitor and enforce
any order of | ||||||
25 | suspension or revocation concerning the privilege to operate a
| ||||||
26 | watercraft.
| ||||||
27 | (G) No person who has been arrested and charged for | ||||||
28 | violating paragraph 1 of
subsection (A) of this Section shall | ||||||
29 | operate or be in actual physical control
of any watercraft | ||||||
30 | within this State
for a period of 6 hours after such arrest.
| ||||||
31 | (Source: P.A. 92-615, eff. 1-1-03.)
| ||||||
32 | (625 ILCS 45/6-1) (from Ch. 95 1/2, par. 316-1)
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33 | Sec. 6-1. Collisions, accidents, and casualties; reports.
| ||||||
34 | A. The operator of a vessel involved in a collision, | ||||||
35 | accident, or other
casualty, so far as he can without serious |
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| |||||||
1 | danger to his own vessel,
crew, passengers and guests, if any, | ||||||
2 | shall render to other persons affected
by the collision, | ||||||
3 | accident, or other casualty assistance as may be
practicable | ||||||
4 | and as may be necessary in order to save them from or minimize
| ||||||
5 | any danger caused by the collision, accident, or other | ||||||
6 | casualty, and also
shall give his name, address, and | ||||||
7 | identification of his vessel to any
person injured and to the | ||||||
8 | owner of any property damaged in the collision,
accident, or | ||||||
9 | other casualty.
| ||||||
10 | If the collision, accident, or other casualty has resulted | ||||||
11 | in the death of
or
personal injury to any person, failure to | ||||||
12 | comply with this subsection A is a
Class A
misdemeanor.
| ||||||
13 | A-1. Any operator of a vessel that either (1) is used by | ||||||
14 | its operator for recreational purposes or (2) is required to be | ||||||
15 | numbered by or under the authority of this State, who has | ||||||
16 | failed to stop or to comply with the
requirements of subsection | ||||||
17 | A must, as soon as possible but in no case
later than one hour | ||||||
18 | after
the collision, accident, or other casualty, or, if | ||||||
19 | hospitalized and
incapacitated from reporting at any
time | ||||||
20 | during that period, as soon as possible but in no case later | ||||||
21 | than one
hour
after
being discharged from the
hospital, report | ||||||
22 | the date, place, and approximate time
of the collision,
| ||||||
23 | accident, or other casualty, the watercraft operator's name and | ||||||
24 | address, the
identification number of the watercraft, if any, | ||||||
25 | and the names of all other
occupants of the watercraft, at a | ||||||
26 | police station or sheriff's office near the
location where the | ||||||
27 | collision, accident, or other casualty occurred. A report
made | ||||||
28 | as required under this subsection
A-1 may not be used, directly | ||||||
29 | or indirectly, as a basis for the
prosecution of any violation | ||||||
30 | of subsection A.
| ||||||
31 | As used in this Section, "personal injury" means any injury | ||||||
32 | requiring medical treatment beyond first aid.
| ||||||
33 | Any person failing to comply with this subsection A-1 is
| ||||||
34 | guilty
of
a Class 4 felony if the collision, accident, or other | ||||||
35 | casualty
does not result in the death of any person.
Any person | ||||||
36 | failing to comply with this subsection A-1
when the collision, |
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| |||||||
1 | accident, or other casualty results in the death of
any person | ||||||
2 | is guilty of a Class 2
felony, for which the person, if
| ||||||
3 | sentenced to a term of imprisonment, shall be sentenced to a | ||||||
4 | term of not less
than 3 years and not more than 14 years.
| ||||||
5 | B. In the case of collision, accident, or other casualty | ||||||
6 | involving a
vessel, the operator, if the collision, accident, | ||||||
7 | or other casualty
results in death or injury to a person or | ||||||
8 | damage to property in excess of
$2,000 or there is a complete | ||||||
9 | loss of the vessel
$500 , shall file with the Department a full | ||||||
10 | description of the collision,
accident, or other casualty, | ||||||
11 | including information as the Department
may by regulation | ||||||
12 | require. Reports
of
the accidents must be filed with
the | ||||||
13 | Department on a Department Accident Report form within 5 days.
| ||||||
14 | C. Reports of accidents resulting
in personal injury, where | ||||||
15 | a person
sustains an injury requiring medical attention beyond | ||||||
16 | first aid
is incapacitated for a period exceeding 72 hours , | ||||||
17 | must be filed with the
Department on a Department Accident | ||||||
18 | Report form within 5 days.
Accidents
that result in loss of | ||||||
19 | life shall be reported to the Department on a
Department form | ||||||
20 | within 48 hours. | ||||||
21 | D. All required
accident reports and supplemental reports | ||||||
22 | are without
prejudice to the individual reporting, and are for | ||||||
23 | the confidential use
of the Department, except that the | ||||||
24 | Department may disclose the identity of
a person involved in an | ||||||
25 | accident when the identity is not otherwise known
or when the | ||||||
26 | person denies his presence at the accident. No report
to the | ||||||
27 | Department may be used as evidence in any trial, civil or | ||||||
28 | criminal,
arising out of an
accident, except that the | ||||||
29 | Department must furnish upon demand of any person
who has or | ||||||
30 | claims to have made a report or upon demand of any court
a | ||||||
31 | certificate showing that a specified accident report has or has | ||||||
32 | not been
made to the Department solely to prove a compliance or | ||||||
33 | a failure to comply
with the requirements that a report be made | ||||||
34 | to the Department.
| ||||||
35 | E. (1) Every coroner or medical examiner shall on or before | ||||||
36 | the 10th
day of each month report in writing to the |
| |||||||
| |||||||
1 | Department the circumstances
surrounding the death of any | ||||||
2 | person that has occurred as the result of a
boating | ||||||
3 | accident within the examiner's jurisdiction during the | ||||||
4 | preceding
calendar month.
| ||||||
5 | (2) Within 6 hours after a death resulting from a | ||||||
6 | boating accident,
but in any case not more than 12 hours | ||||||
7 | after the occurrence of the boating
accident, a blood | ||||||
8 | specimen of at least 10 cc shall be withdrawn from the
body | ||||||
9 | of the decedent by the coroner or medical examiner or by a | ||||||
10 | qualified
person at the direction of the physician. All | ||||||
11 | morticians shall obtain a
release from the coroner or | ||||||
12 | medical examiner prior to proceeding with
embalming any | ||||||
13 | body coming under the scope of this Section. The blood so
| ||||||
14 | drawn shall be forwarded to a laboratory approved by the | ||||||
15 | Department of
State Police for analysis of the alcoholic | ||||||
16 | content of the
blood specimen.
The coroner or medical | ||||||
17 | examiner causing the blood to be withdrawn shall be
| ||||||
18 | notified of the results of each analysis made and shall | ||||||
19 | forward the results
of each analysis to the Department. The | ||||||
20 | Department shall keep a record of
all examinations to be | ||||||
21 | used for statistical purposes only. The cumulative
results | ||||||
22 | of the examinations, without identifying the individuals | ||||||
23 | involved,
shall be disseminated and made public by the | ||||||
24 | Department.
| ||||||
25 | (Source: P.A. 91-828, eff. 1-1-01.)
| ||||||
26 | (625 ILCS 45/11A-3) (from Ch. 95 1/2, par. 321A-3)
| ||||||
27 | Sec. 11A-3. Any person who violates any of the provisions | ||||||
28 | of Section
5-1 or 5-2 of this Act is guilty of a Class B | ||||||
29 | misdemeanor.
| ||||||
30 | Any person who violates Section 5-2 of this Act is
guilty | ||||||
31 | of a Class A misdemeanor, except that aggravated reckless | ||||||
32 | operation of a
watercraft is a Class 4 felony.
| ||||||
33 | (Source: P.A. 85-149.)
| ||||||
34 | (625 ILCS 45/11A-4) (from Ch. 95 1/2, par. 321A-4)
|
| |||||||
| |||||||
1 | Sec. 11A-4. Any person who is convicted of a violation of | ||||||
2 | Sections
5-1 , 5-2 or 11A-5 of this Act, in addition to any | ||||||
3 | other penalties
authorized in this Act, may in the discretion | ||||||
4 | of the court be refused the
privilege of operating any | ||||||
5 | watercraft on any of the waterways of this State
for a period | ||||||
6 | of not less than one year.
| ||||||
7 | Any person who is convicted of a violation of Section 5-2 | ||||||
8 | of this Act or
subsection A-1 of Section 6-1 of this Act, in | ||||||
9 | addition to any other penalties
authorized in this Act, shall | ||||||
10 | have his or her privilege of operating any watercraft on any of | ||||||
11 | the waterways of this State suspended by the Department for a | ||||||
12 | period of not less than one year.
| ||||||
13 | (Source: P.A. 85-149.)
| ||||||
14 | (625 ILCS 45/11A-5) (from Ch. 95 1/2, par. 321A-5)
| ||||||
15 | Sec. 11A-5. A person may not operate a watercraft during | ||||||
16 | the time that the person's privilege to operate a watercraft is | ||||||
17 | suspended or revoked in this State, by another state, or by a | ||||||
18 | federal agency. Any person who operates any watercraft during | ||||||
19 | the period when
he is denied the privilege to so operate is | ||||||
20 | guilty of a Class A misdemeanor
for a first offense and a Class | ||||||
21 | 4 felony for a second or subsequent
offense .
| ||||||
22 | (Source: P.A. 85-149.)
| ||||||
23 | Section 10. The Unified Code of Corrections is amended by | ||||||
24 | changing
Section 5-5-3 as follows:
| ||||||
25 | (730 ILCS 5/5-5-3) (from Ch. 38, par. 1005-5-3)
| ||||||
26 | Sec. 5-5-3. Disposition.
| ||||||
27 | (a) Every person convicted of an offense shall be sentenced | ||||||
28 | as provided
in this Section.
| ||||||
29 | (b) The following options shall be appropriate | ||||||
30 | dispositions, alone
or in combination, for all felonies and | ||||||
31 | misdemeanors other than those
identified in subsection (c) of | ||||||
32 | this Section:
| ||||||
33 | (1) A period of probation.
|
| |||||||
| |||||||
1 | (2) A term of periodic imprisonment.
| ||||||
2 | (3) A term of conditional discharge.
| ||||||
3 | (4) A term of imprisonment.
| ||||||
4 | (5) An order directing the offender to clean up and | ||||||
5 | repair the
damage, if the offender was convicted under | ||||||
6 | paragraph (h) of Section
21-1 of the Criminal Code of 1961.
| ||||||
7 | (6) A fine.
| ||||||
8 | (7) An order directing the offender to make restitution | ||||||
9 | to the
victim under Section 5-5-6 of this Code.
| ||||||
10 | (8) A sentence of participation in a county impact | ||||||
11 | incarceration
program under Section 5-8-1.2 of this Code.
| ||||||
12 | Whenever an individual is sentenced for an offense based | ||||||
13 | upon an
arrest for a violation of Section 11-501 of the | ||||||
14 | Illinois Vehicle Code, or a
similar provision of a local | ||||||
15 | ordinance, and the professional evaluation
recommends remedial | ||||||
16 | or rehabilitative treatment or education, neither the
| ||||||
17 | treatment nor the education shall be the sole disposition and | ||||||
18 | either or
both may be imposed only in conjunction with another | ||||||
19 | disposition.
The court shall monitor compliance with any | ||||||
20 | remedial education or treatment
recommendations contained in | ||||||
21 | the professional evaluation. Programs
conducting alcohol or | ||||||
22 | other drug evaluation or remedial education must be
licensed by | ||||||
23 | the Department of Human Services. However,
if the individual is | ||||||
24 | not a resident of Illinois, the court may accept an
alcohol or | ||||||
25 | other drug evaluation or remedial education program in the | ||||||
26 | state
of such individual's residence. Programs providing | ||||||
27 | treatment must be
licensed under existing applicable | ||||||
28 | alcoholism and drug treatment licensure
standards.
| ||||||
29 | In addition to any other fine or penalty required by law, | ||||||
30 | any
individual convicted of a violation of Section 11-501 of | ||||||
31 | the Illinois
Vehicle Code or a similar provision of local | ||||||
32 | ordinance, whose operation of
a motor vehicle while in | ||||||
33 | violation of Section 11-501 or such ordinance
proximately | ||||||
34 | caused an incident resulting in an appropriate emergency
| ||||||
35 | response, shall be required to make restitution to a public | ||||||
36 | agency for the
costs of that emergency response. Such |
| |||||||
| |||||||
1 | restitution shall not exceed $500
per public agency for each | ||||||
2 | such emergency response. For the purpose of
this paragraph, | ||||||
3 | emergency response shall mean any incident requiring a response
| ||||||
4 | by: a police officer as defined under Section 1-162 of the | ||||||
5 | Illinois Vehicle
Code; a fireman carried on the rolls of a | ||||||
6 | regularly constituted fire
department; and an ambulance as | ||||||
7 | defined under Section 3.85
4.05 of the
Emergency Medical | ||||||
8 | Services (EMS) Systems Act.
| ||||||
9 | Neither a fine nor restitution shall be the sole | ||||||
10 | disposition
for a felony and either or both may be imposed only | ||||||
11 | in conjunction with
another disposition.
| ||||||
12 | (c) (1) When a defendant is found guilty of first degree | ||||||
13 | murder the
State may either seek a sentence of imprisonment | ||||||
14 | under Section 5-8-1 of
this Code, or where appropriate seek | ||||||
15 | a sentence of death under Section 9-1
of the Criminal Code | ||||||
16 | of 1961.
| ||||||
17 | (2) A period of probation, a term of periodic | ||||||
18 | imprisonment or
conditional discharge shall not be imposed | ||||||
19 | for the following offenses.
The court shall sentence the | ||||||
20 | offender to not less than the minimum term
of imprisonment | ||||||
21 | set forth in this Code for the following offenses, and
may | ||||||
22 | order a fine or restitution or both in conjunction with | ||||||
23 | such term of
imprisonment:
| ||||||
24 | (A) First degree murder where the death penalty is | ||||||
25 | not imposed.
| ||||||
26 | (B) Attempted first degree murder.
| ||||||
27 | (C) A Class X felony.
| ||||||
28 | (D) A violation of Section 401.1 or 407 of the
| ||||||
29 | Illinois Controlled Substances Act, or a violation of | ||||||
30 | subdivision (c)(1) or
(c)(2) of
Section 401 of that Act | ||||||
31 | which relates to more than 5 grams of a substance
| ||||||
32 | containing heroin or cocaine or an analog thereof.
| ||||||
33 | (E) A violation of Section 5.1 or 9 of the Cannabis | ||||||
34 | Control
Act.
| ||||||
35 | (F) A Class 2 or greater felony if the offender had | ||||||
36 | been convicted
of a Class 2 or greater felony within 10 |
| |||||||
| |||||||
1 | years of the date on which the
offender
committed the | ||||||
2 | offense for which he or she is being sentenced, except | ||||||
3 | as
otherwise provided in Section 40-10 of the | ||||||
4 | Alcoholism and Other Drug Abuse and
Dependency Act.
| ||||||
5 | (G) Residential burglary, except as otherwise | ||||||
6 | provided in Section 40-10
of the Alcoholism and Other | ||||||
7 | Drug Abuse and Dependency Act.
| ||||||
8 | (H) Criminal sexual assault, except as otherwise | ||||||
9 | provided in
subsection (e) of this Section.
| ||||||
10 | (I) Aggravated battery of a senior citizen.
| ||||||
11 | (J) A forcible felony if the offense was related to | ||||||
12 | the activities of an
organized gang.
| ||||||
13 | Before July 1, 1994, for the purposes of this | ||||||
14 | paragraph, "organized
gang" means an association of 5 | ||||||
15 | or more persons, with an established hierarchy,
that | ||||||
16 | encourages members of the association to perpetrate | ||||||
17 | crimes or provides
support to the members of the | ||||||
18 | association who do commit crimes.
| ||||||
19 | Beginning July 1, 1994, for the purposes of this | ||||||
20 | paragraph,
"organized gang" has the meaning ascribed | ||||||
21 | to it in Section 10 of the Illinois
Streetgang | ||||||
22 | Terrorism Omnibus Prevention Act.
| ||||||
23 | (K) Vehicular hijacking.
| ||||||
24 | (L) A second or subsequent conviction for the | ||||||
25 | offense of hate crime
when the underlying offense upon | ||||||
26 | which the hate crime is based is felony
aggravated
| ||||||
27 | assault or felony mob action.
| ||||||
28 | (M) A second or subsequent conviction for the | ||||||
29 | offense of institutional
vandalism if the damage to the | ||||||
30 | property exceeds $300.
| ||||||
31 | (N) A Class 3 felony violation of paragraph (1) of | ||||||
32 | subsection (a) of
Section 2 of the Firearm Owners | ||||||
33 | Identification Card Act.
| ||||||
34 | (O) A violation of Section 12-6.1 of the Criminal | ||||||
35 | Code of 1961.
| ||||||
36 | (P) A violation of paragraph (1), (2), (3), (4), |
| |||||||
| |||||||
1 | (5), or (7) of
subsection (a)
of Section 11-20.1 of the | ||||||
2 | Criminal Code of 1961.
| ||||||
3 | (Q) A violation of Section 20-1.2 of the Criminal | ||||||
4 | Code of 1961.
| ||||||
5 | (R) A violation of Section 24-3A of the Criminal | ||||||
6 | Code of
1961.
| ||||||
7 | (S) A violation of Section 11-501(c-1)(3) of the | ||||||
8 | Illinois Vehicle
Code.
| ||||||
9 | (3) A minimum term of imprisonment of not less than 5 | ||||||
10 | days
or 30 days of community service as may be determined | ||||||
11 | by the
court shall
be imposed for a second violation | ||||||
12 | committed within 5 years
of a previous violation of Section | ||||||
13 | 11-501 of the Illinois Vehicle Code or
a similar provision | ||||||
14 | of a local ordinance.
In the case of a third or
subsequent | ||||||
15 | violation committed within 5 years of a previous violation | ||||||
16 | of
Section 11-501 of the Illinois Vehicle Code or a similar | ||||||
17 | provision of a local
ordinance, a minimum term of either 10 | ||||||
18 | days of imprisonment or 60 days of
community service shall | ||||||
19 | be imposed.
| ||||||
20 | (4) A minimum term of imprisonment of not less than 10
| ||||||
21 | consecutive days or 30 days of community service shall be | ||||||
22 | imposed for a
violation of paragraph (c) of Section 6-303 | ||||||
23 | of the Illinois Vehicle Code.
| ||||||
24 | (4.1) A minimum term of 30 consecutive days of | ||||||
25 | imprisonment,
40 days of 24 hour periodic imprisonment or | ||||||
26 | 720 hours of community
service, as may be determined by the | ||||||
27 | court, shall be imposed for a violation of
Section 11-501 | ||||||
28 | of the Illinois Vehicle Code during a period in which the
| ||||||
29 | defendant's driving privileges are revoked or suspended,
| ||||||
30 | where the revocation or suspension was for a
violation of | ||||||
31 | Section
11-501 or Section 11-501.1 of that Code.
| ||||||
32 | (4.2) Except as provided in paragraph (4.3) of this | ||||||
33 | subsection (c), a
minimum of
100 hours of community service | ||||||
34 | shall be imposed for a second violation of
Section 6-303
of | ||||||
35 | the Illinois Vehicle Code.
| ||||||
36 | (4.3) A minimum term of imprisonment of 30 days or 300 |
| |||||||
| |||||||
1 | hours of community
service, as determined by the court, | ||||||
2 | shall
be imposed for a second violation of subsection (c) | ||||||
3 | of Section 6-303 of the
Illinois Vehicle 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 service, | ||||||
7 | as
determined by the court, shall
be imposed
for a third or | ||||||
8 | subsequent violation of Section 6-303 of the Illinois | ||||||
9 | Vehicle
Code.
| ||||||
10 | (4.5) A minimum term of imprisonment of 30 days
shall | ||||||
11 | be imposed for a third violation of subsection (c) of
| ||||||
12 | Section 6-303 of the Illinois Vehicle Code.
| ||||||
13 | (4.6) A minimum term of imprisonment of 180 days shall | ||||||
14 | 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 a | ||||||
18 | 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 Section | ||||||
23 | 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 of | ||||||
27 | violating subsection (c) of Section 11-907 of the Illinois
| ||||||
28 | Vehicle Code shall have his or her driver's license, | ||||||
29 | permit, or privileges
suspended for at least 90 days but | ||||||
30 | not more than one year, if the violation
resulted in damage | ||||||
31 | 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 | ||||||
35 | violating subsection (c) of Section 11-907 of the Illinois | ||||||
36 | Vehicle Code
shall have his or her driver's license, |
| |||||||
| |||||||
1 | permit, or privileges suspended for at
least 180 days but | ||||||
2 | not more than 2 years, if the violation resulted in injury
| ||||||
3 | to
another person.
| ||||||
4 | (5.3) In addition to any penalties imposed under | ||||||
5 | paragraph (5) of
this
subsection (c), a person convicted of | ||||||
6 | violating subsection (c) of Section
11-907 of the Illinois | ||||||
7 | Vehicle Code shall have his or her driver's license,
| ||||||
8 | permit, or privileges suspended for 2 years, if the | ||||||
9 | violation resulted in the
death of another person.
| ||||||
10 | (6) In no case shall an offender be eligible for a | ||||||
11 | disposition of
probation or conditional discharge for a | ||||||
12 | Class 1 felony committed while
he was serving a term of | ||||||
13 | probation or conditional discharge for a felony.
| ||||||
14 | (7) When a defendant is adjudged a habitual criminal | ||||||
15 | under Article
33B of the Criminal Code of 1961, the court | ||||||
16 | shall sentence
the defendant to a term of natural life | ||||||
17 | imprisonment.
| ||||||
18 | (8) When a defendant, over the age of 21 years, is | ||||||
19 | convicted of a
Class 1 or Class 2 felony, after having | ||||||
20 | twice been convicted
in any state or
federal court of an | ||||||
21 | offense that contains the same elements as an offense now
| ||||||
22 | classified in Illinois as a Class 2 or greater Class felony
| ||||||
23 | and such charges are
separately brought and tried and arise | ||||||
24 | out of different series of acts,
such defendant shall be | ||||||
25 | sentenced as a Class X offender. This paragraph
shall not | ||||||
26 | apply unless (1) the first felony was committed after the
| ||||||
27 | effective date of this amendatory Act of 1977; and (2) the | ||||||
28 | second felony
was committed after conviction on the first; | ||||||
29 | and (3) the third felony
was committed after conviction on | ||||||
30 | the second.
A person sentenced as a Class X offender under | ||||||
31 | this paragraph is not
eligible to apply for treatment as a | ||||||
32 | condition of probation as provided by
Section 40-10 of the | ||||||
33 | Alcoholism and Other Drug Abuse and Dependency Act.
| ||||||
34 | (9) A defendant convicted of a second or subsequent | ||||||
35 | offense of ritualized
abuse of a child may be sentenced to | ||||||
36 | a term of natural life imprisonment.
|
| |||||||
| |||||||
1 | (10) When a person is convicted of violating Section | ||||||
2 | 11-501 of the
Illinois
Vehicle Code or a similar provision | ||||||
3 | of a local ordinance, the following
penalties apply when | ||||||
4 | his or her blood,
breath, or urine was .16 or more based on | ||||||
5 | the definition of blood, breath, or
urine units in
Section | ||||||
6 | 11-501.2
or that person is convicted of violating Section | ||||||
7 | 11-501 of the Illinois Vehicle
Code while
transporting a | ||||||
8 | child under the age of 16:
| ||||||
9 | (A) For a first violation of subsection (a) of | ||||||
10 | Section 11-501, in
addition to any other penalty that | ||||||
11 | may be imposed under subsection (c) of
Section 11-501: | ||||||
12 | a
mandatory
minimum of
100 hours of community
service | ||||||
13 | and a minimum fine of
$500.
| ||||||
14 | (B) For a second violation of subsection (a) of | ||||||
15 | Section 11-501, in
addition to any other penalty that | ||||||
16 | may be imposed under subsection (c) of
Section 11-501 | ||||||
17 | within 10
years: a
mandatory minimum of 2
days of | ||||||
18 | imprisonment
and a minimum fine of $1,250.
| ||||||
19 | (C) For a third violation of subsection (a) of | ||||||
20 | Section 11-501, in
addition to any other penalty that | ||||||
21 | may be imposed under subsection (c) of
Section 11-501 | ||||||
22 | within 20
years: a
mandatory
minimum of 90 days of | ||||||
23 | imprisonment and a minimum
fine of $2,500.
| ||||||
24 | (D) For a fourth or subsequent violation of | ||||||
25 | subsection (a) of Section
11-501: ineligibility for a | ||||||
26 | sentence
of probation or conditional discharge and a | ||||||
27 | minimum
fine of $2,500.
| ||||||
28 | (11) A person may not receive a disposition of court | ||||||
29 | supervision for a
violation of Section 5-16 of the Boat | ||||||
30 | Registration and Safety Act if that
person has previously | ||||||
31 | received a disposition of court supervision for a
violation | ||||||
32 | of that Section.
| ||||||
33 | (d) In any case in which a sentence originally imposed is | ||||||
34 | vacated,
the case shall be remanded to the trial court. The | ||||||
35 | trial court shall
hold a hearing under Section 5-4-1 of the | ||||||
36 | Unified Code of Corrections
which may include evidence of the |
| |||||||
| |||||||
1 | defendant's life, moral character and
occupation during the | ||||||
2 | time since the original sentence was passed. The
trial court | ||||||
3 | shall then impose sentence upon the defendant. The trial
court | ||||||
4 | may impose any sentence which could have been imposed at the
| ||||||
5 | original trial subject to Section 5-5-4 of the Unified Code of | ||||||
6 | Corrections.
If a sentence is vacated on appeal or on | ||||||
7 | collateral attack due to the
failure of the trier of fact at | ||||||
8 | trial to determine beyond a reasonable doubt
the
existence of a | ||||||
9 | fact (other than a prior conviction) necessary to increase the
| ||||||
10 | punishment for the offense beyond the statutory maximum | ||||||
11 | otherwise applicable,
either the defendant may be re-sentenced | ||||||
12 | to a term within the range otherwise
provided or, if the State | ||||||
13 | files notice of its intention to again seek the
extended | ||||||
14 | sentence, the defendant shall be afforded a new trial.
| ||||||
15 | (e) In cases where prosecution for criminal sexual assault | ||||||
16 | or
aggravated criminal sexual abuse under Section 12-13 or | ||||||
17 | 12-16 of the
Criminal Code of 1961 results in conviction of a | ||||||
18 | defendant
who was a family member of the victim at the time of | ||||||
19 | the commission of the
offense, the court shall consider the | ||||||
20 | safety and welfare of the victim and
may impose a sentence of | ||||||
21 | probation only where:
| ||||||
22 | (1) the court finds (A) or (B) or both are appropriate:
| ||||||
23 | (A) the defendant is willing to undergo a court | ||||||
24 | approved counseling
program for a minimum duration of 2 | ||||||
25 | years; or
| ||||||
26 | (B) the defendant is willing to participate in a | ||||||
27 | court approved plan
including but not limited to the | ||||||
28 | defendant's:
| ||||||
29 | (i) removal from the household;
| ||||||
30 | (ii) restricted contact with the victim;
| ||||||
31 | (iii) continued financial support of the | ||||||
32 | family;
| ||||||
33 | (iv) restitution for harm done to the victim; | ||||||
34 | and
| ||||||
35 | (v) compliance with any other measures that | ||||||
36 | the court may
deem appropriate; and
|
| |||||||
| |||||||
1 | (2) the court orders the defendant to pay for the | ||||||
2 | victim's counseling
services, to the extent that the court | ||||||
3 | finds, after considering the
defendant's income and | ||||||
4 | assets, that the defendant is financially capable of
paying | ||||||
5 | for such services, if the victim was under 18 years of age | ||||||
6 | at the
time the offense was committed and requires | ||||||
7 | counseling as a result of the
offense.
| ||||||
8 | Probation may be revoked or modified pursuant to Section | ||||||
9 | 5-6-4; except
where the court determines at the hearing that | ||||||
10 | the defendant violated a
condition of his or her probation | ||||||
11 | restricting contact with the victim or
other family members or | ||||||
12 | commits another offense with the victim or other
family | ||||||
13 | members, the court shall revoke the defendant's probation and
| ||||||
14 | impose a term of imprisonment.
| ||||||
15 | For the purposes of this Section, "family member" and | ||||||
16 | "victim" shall have
the meanings ascribed to them in Section | ||||||
17 | 12-12 of the Criminal Code of
1961.
| ||||||
18 | (f) This Article shall not deprive a court in other | ||||||
19 | proceedings to
order a forfeiture of property, to suspend or | ||||||
20 | cancel a license, to
remove a person from office, or to impose | ||||||
21 | any other civil penalty.
| ||||||
22 | (g) Whenever a defendant is convicted of an offense under | ||||||
23 | Sections
11-14, 11-15, 11-15.1, 11-16, 11-17, 11-18, 11-18.1, | ||||||
24 | 11-19, 11-19.1, 11-19.2,
12-13, 12-14, 12-14.1, 12-15 or 12-16 | ||||||
25 | of the Criminal Code of 1961,
the defendant shall undergo | ||||||
26 | medical testing to
determine whether the defendant has any | ||||||
27 | sexually transmissible disease,
including a test for infection | ||||||
28 | with human immunodeficiency virus (HIV) or
any other identified | ||||||
29 | causative agent of acquired immunodeficiency syndrome
(AIDS). | ||||||
30 | Any such medical test shall be performed only by appropriately
| ||||||
31 | licensed medical practitioners and may include an analysis of | ||||||
32 | any bodily
fluids as well as an examination of the defendant's | ||||||
33 | person.
Except as otherwise provided by law, the results of | ||||||
34 | such test shall be kept
strictly confidential by all medical | ||||||
35 | personnel involved in the testing and must
be personally | ||||||
36 | delivered in a sealed envelope to the judge of the court in |
| |||||||
| |||||||
1 | which
the conviction was entered for the judge's inspection in | ||||||
2 | camera. Acting in
accordance with the best interests of the | ||||||
3 | victim and the public, the judge
shall have the discretion to | ||||||
4 | determine to whom, if anyone, the results of the
testing may be | ||||||
5 | revealed. The court shall notify the defendant
of the test | ||||||
6 | results. The court shall
also notify the victim if requested by | ||||||
7 | the victim, and if the victim is under
the age of 15 and if | ||||||
8 | requested by the victim's parents or legal guardian, the
court | ||||||
9 | shall notify the victim's parents or legal guardian of the test
| ||||||
10 | results.
The court shall provide information on the | ||||||
11 | availability of HIV testing
and counseling at Department of | ||||||
12 | Public Health facilities to all parties to
whom the results of | ||||||
13 | the testing are revealed and shall direct the State's
Attorney | ||||||
14 | to provide the information to the victim when possible.
A | ||||||
15 | State's Attorney may petition the court to obtain the results | ||||||
16 | of any HIV test
administered under this Section, and the court | ||||||
17 | shall grant the disclosure if
the State's Attorney shows it is | ||||||
18 | relevant in order to prosecute a charge of
criminal | ||||||
19 | transmission of HIV under Section 12-16.2 of the Criminal Code | ||||||
20 | of 1961
against the defendant. The court shall order that the | ||||||
21 | cost of any such test
shall be paid by the county and may be | ||||||
22 | taxed as costs against the convicted
defendant.
| ||||||
23 | (g-5) When an inmate is tested for an airborne communicable | ||||||
24 | disease, as
determined by the Illinois Department of Public | ||||||
25 | Health including but not
limited to tuberculosis, the results | ||||||
26 | of the test shall be
personally delivered by the warden or his | ||||||
27 | or her designee in a sealed envelope
to the judge of the court | ||||||
28 | in which the inmate must appear for the judge's
inspection in | ||||||
29 | camera if requested by the judge. Acting in accordance with the
| ||||||
30 | best interests of those in the courtroom, the judge shall have | ||||||
31 | the discretion
to determine what if any precautions need to be | ||||||
32 | taken to prevent transmission
of the disease in the courtroom.
| ||||||
33 | (h) Whenever a defendant is convicted of an offense under | ||||||
34 | Section 1 or 2
of the Hypodermic Syringes and Needles Act, the | ||||||
35 | defendant shall undergo
medical testing to determine whether | ||||||
36 | the defendant has been exposed to human
immunodeficiency virus |
| |||||||
| |||||||
1 | (HIV) or any other identified causative agent of
acquired | ||||||
2 | immunodeficiency syndrome (AIDS). Except as otherwise provided | ||||||
3 | by
law, the results of such test shall be kept strictly | ||||||
4 | confidential by all
medical personnel involved in the testing | ||||||
5 | and must be personally delivered in a
sealed envelope to the | ||||||
6 | judge of the court in which the conviction was entered
for the | ||||||
7 | judge's inspection in camera. Acting in accordance with the | ||||||
8 | best
interests of the public, the judge shall have the | ||||||
9 | discretion to determine to
whom, if anyone, the results of the | ||||||
10 | testing may be revealed. The court shall
notify the defendant | ||||||
11 | of a positive test showing an infection with the human
| ||||||
12 | immunodeficiency virus (HIV). The court shall provide | ||||||
13 | information on the
availability of HIV testing and counseling | ||||||
14 | at Department of Public Health
facilities to all parties to | ||||||
15 | whom the results of the testing are revealed and
shall direct | ||||||
16 | the State's Attorney to provide the information to the victim | ||||||
17 | when
possible. A State's Attorney may petition the court to | ||||||
18 | obtain the results of
any HIV test administered under this | ||||||
19 | Section, and the court shall grant the
disclosure if the | ||||||
20 | State's Attorney shows it is relevant in order to prosecute a
| ||||||
21 | charge of criminal transmission of HIV under Section 12-16.2 of | ||||||
22 | the Criminal
Code of 1961 against the defendant. The court | ||||||
23 | shall order that the cost of any
such test shall be paid by the | ||||||
24 | county and may be taxed as costs against the
convicted | ||||||
25 | defendant.
| ||||||
26 | (i) All fines and penalties imposed under this Section for | ||||||
27 | any violation
of Chapters 3, 4, 6, and 11 of the Illinois | ||||||
28 | Vehicle Code, or a similar
provision of a local ordinance, and | ||||||
29 | any violation
of the Child Passenger Protection Act, or a | ||||||
30 | similar provision of a local
ordinance, shall be collected and | ||||||
31 | disbursed by the circuit
clerk as provided under Section 27.5 | ||||||
32 | of the Clerks of Courts Act.
| ||||||
33 | (j) In cases when prosecution for any violation of Section | ||||||
34 | 11-6, 11-8,
11-9, 11-11, 11-14, 11-15, 11-15.1, 11-16, 11-17, | ||||||
35 | 11-17.1, 11-18, 11-18.1,
11-19, 11-19.1, 11-19.2, 11-20.1, | ||||||
36 | 11-21, 12-13, 12-14, 12-14.1, 12-15, or
12-16 of the
Criminal |
| |||||||
| |||||||
1 | Code of 1961, any violation of the Illinois Controlled | ||||||
2 | Substances Act,
or any violation of the Cannabis Control Act | ||||||
3 | results in conviction, a
disposition of court supervision, or | ||||||
4 | an order of probation granted under
Section 10 of the Cannabis | ||||||
5 | Control Act or Section 410 of the Illinois
Controlled Substance | ||||||
6 | Act of a defendant, the court shall determine whether the
| ||||||
7 | defendant is employed by a facility or center as defined under | ||||||
8 | the Child Care
Act of 1969, a public or private elementary or | ||||||
9 | secondary school, or otherwise
works with children under 18 | ||||||
10 | years of age on a daily basis. When a defendant
is so employed, | ||||||
11 | the court shall order the Clerk of the Court to send a copy of
| ||||||
12 | the judgment of conviction or order of supervision or probation | ||||||
13 | to the
defendant's employer by certified mail.
If the employer | ||||||
14 | of the defendant is a school, the Clerk of the Court shall
| ||||||
15 | direct the mailing of a copy of the judgment of conviction or | ||||||
16 | order of
supervision or probation to the appropriate regional | ||||||
17 | superintendent of schools.
The regional superintendent of | ||||||
18 | schools shall notify the State Board of
Education of any | ||||||
19 | notification under this subsection.
| ||||||
20 | (j-5) A defendant at least 17 years of age who is convicted | ||||||
21 | of a felony and
who has not been previously convicted of a | ||||||
22 | misdemeanor or felony and who is
sentenced to a term of | ||||||
23 | imprisonment in the Illinois Department of Corrections
shall as | ||||||
24 | a condition of his or her sentence be required by the court to | ||||||
25 | attend
educational courses designed to prepare the defendant | ||||||
26 | for a high school diploma
and to work toward a high school | ||||||
27 | diploma or to work toward passing the high
school level Test of | ||||||
28 | General Educational Development (GED) or to work toward
| ||||||
29 | completing a vocational training program offered by the | ||||||
30 | Department of
Corrections. If a defendant fails to complete the | ||||||
31 | educational training
required by his or her sentence during the | ||||||
32 | term of incarceration, the Prisoner
Review Board shall, as a | ||||||
33 | condition of mandatory supervised release, require the
| ||||||
34 | defendant, at his or her own expense, to pursue a course of | ||||||
35 | study toward a high
school diploma or passage of the GED test. | ||||||
36 | The Prisoner Review Board shall
revoke the mandatory supervised |
| |||||||
| |||||||
1 | release of a defendant who wilfully fails to
comply with this | ||||||
2 | subsection (j-5) upon his or her release from confinement in a
| ||||||
3 | penal 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 defendant
| ||||||
8 | whose mandatory supervised release term has been revoked under | ||||||
9 | this subsection
(j-5) as provided in Section 3-3-9. This | ||||||
10 | subsection (j-5) does not apply to a
defendant who has a high | ||||||
11 | school diploma or has successfully passed the GED
test. This | ||||||
12 | subsection (j-5) does not apply to a defendant who is | ||||||
13 | determined by
the court to be developmentally disabled or | ||||||
14 | otherwise mentally incapable of
completing the educational or | ||||||
15 | vocational program.
| ||||||
16 | (k) A court may not impose a sentence or disposition for a
| ||||||
17 | felony or misdemeanor that requires the defendant to be | ||||||
18 | implanted or injected
with or to use any form of birth control.
| ||||||
19 | (l) (A) Except as provided
in paragraph (C) of subsection | ||||||
20 | (l), whenever a defendant,
who is an alien as defined by | ||||||
21 | the Immigration and Nationality Act, is convicted
of any | ||||||
22 | felony or misdemeanor offense, the court after sentencing | ||||||
23 | the defendant
may, upon motion of the State's Attorney, | ||||||
24 | hold sentence in abeyance and remand
the defendant to the | ||||||
25 | custody of the Attorney General of
the United States or his | ||||||
26 | or her designated agent to be deported when:
| ||||||
27 | (1) a final order of deportation has been issued | ||||||
28 | against the defendant
pursuant to proceedings under | ||||||
29 | the Immigration and Nationality Act, and
| ||||||
30 | (2) the deportation of the defendant would not | ||||||
31 | deprecate the seriousness
of the defendant's conduct | ||||||
32 | and would not be inconsistent with the ends of
justice.
| ||||||
33 | Otherwise, the defendant shall be sentenced as | ||||||
34 | provided in this Chapter V.
| ||||||
35 | (B) If the defendant has already been sentenced for a | ||||||
36 | felony or
misdemeanor
offense, or has been placed on |
| |||||||
| |||||||
1 | probation under Section 10 of the Cannabis
Control Act or | ||||||
2 | Section 410 of the Illinois Controlled Substances Act, the | ||||||
3 | court
may, upon motion of the State's Attorney to suspend | ||||||
4 | the
sentence imposed, commit the defendant to the custody | ||||||
5 | of the Attorney General
of the United States or his or her | ||||||
6 | designated agent when:
| ||||||
7 | (1) a final order of deportation has been issued | ||||||
8 | against the defendant
pursuant to proceedings under | ||||||
9 | the Immigration and Nationality Act, and
| ||||||
10 | (2) the deportation of the defendant would not | ||||||
11 | deprecate the seriousness
of the defendant's conduct | ||||||
12 | and would not be inconsistent with the ends of
justice.
| ||||||
13 | (C) This subsection (l) does not apply to offenders who | ||||||
14 | are subject to the
provisions of paragraph (2) of | ||||||
15 | subsection (a) of Section 3-6-3.
| ||||||
16 | (D) Upon motion of the State's Attorney, if a defendant | ||||||
17 | sentenced under
this Section returns to the jurisdiction of | ||||||
18 | the United States, the defendant
shall be recommitted to | ||||||
19 | the custody of the county from which he or she was
| ||||||
20 | sentenced.
Thereafter, the defendant shall be brought | ||||||
21 | before the sentencing court, which
may impose any sentence | ||||||
22 | that was available under Section 5-5-3 at the time of
| ||||||
23 | initial sentencing. In addition, the defendant shall not be | ||||||
24 | eligible for
additional good conduct credit for | ||||||
25 | meritorious service as provided under
Section 3-6-6.
| ||||||
26 | (m) A person convicted of criminal defacement of property | ||||||
27 | under Section
21-1.3 of the Criminal Code of 1961, in which the | ||||||
28 | property damage exceeds $300
and the property damaged is a | ||||||
29 | school building, shall be ordered to perform
community service | ||||||
30 | that may include cleanup, removal, or painting over the
| ||||||
31 | defacement.
| ||||||
32 | (Source: P.A. 91-357, eff. 7-29-99; 91-404, eff. 1-1-00; | ||||||
33 | 91-663, eff.
12-22-99; 91-695, eff. 4-13-00; 91-953, eff. | ||||||
34 | 2-23-01; 92-183, eff. 7-27-01;
92-248, eff. 8-3-01; 92-283, | ||||||
35 | eff. 1-1-02; 92-340, eff. 8-10-01; 92-418, eff.
8-17-01; | ||||||
36 | 92-422, eff. 8-17-01; 92-651, eff. 7-11-02; 92-698, eff. |
| |||||||
| |||||||
1 | 7-19-02;
revised 2-17-03.)
|