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1 | AN ACT in relation to criminal law.
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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 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 sentenced | ||||||
9 | 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 1961 | ||||||
21 | (now repealed) .
| ||||||
22 | (6) A fine.
| ||||||
23 | (7) An order directing the offender to make restitution | ||||||
24 | to the
victim under Section 5-5-6 of this Code.
| ||||||
25 | (8) A sentence of participation in a county impact | ||||||
26 | incarceration
program under Section 5-8-1.2 of this Code.
| ||||||
27 | Whenever an individual is sentenced for an offense based | ||||||
28 | upon an
arrest for a violation of Section 11-501 of the | ||||||
29 | Illinois Vehicle Code, or a
similar provision of a local | ||||||
30 | ordinance, and the professional evaluation
recommends remedial | ||||||
31 | or rehabilitative treatment or education, neither the
| ||||||
32 | treatment nor the education shall be the sole disposition and |
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| |||||||
1 | either or
both may be imposed only in conjunction with another | ||||||
2 | disposition.
The court shall monitor compliance with any | ||||||
3 | remedial education or treatment
recommendations contained in | ||||||
4 | the professional evaluation. Programs
conducting alcohol or | ||||||
5 | other drug evaluation or remedial education must be
licensed by | ||||||
6 | the Department of Human Services. However,
if the individual is | ||||||
7 | not a resident of Illinois, the court may accept an
alcohol or | ||||||
8 | other drug evaluation or remedial education program in the | ||||||
9 | state
of such individual's residence. Programs providing | ||||||
10 | treatment must be
licensed under existing applicable | ||||||
11 | alcoholism and drug treatment licensure
standards.
| ||||||
12 | In addition to any other fine or penalty required by law, | ||||||
13 | any
individual convicted of a violation of Section 11-501 of | ||||||
14 | the Illinois
Vehicle Code, Section 5-7 of the Snowmobile | ||||||
15 | Registration and Safety Act,
Section 5-16 of the Boat | ||||||
16 | Registration and Safety Act, or a similar provision of
local | ||||||
17 | ordinance, whose operation of
a motor vehicle while in | ||||||
18 | violation of Section 11-501, Section 5-7, Section
5-16, or such | ||||||
19 | ordinance
proximately caused an incident resulting in an | ||||||
20 | appropriate emergency
response, shall be required to make | ||||||
21 | restitution to a public agency for the
costs of that emergency | ||||||
22 | response. Such restitution shall not exceed $1,000 per
public | ||||||
23 | agency for each such emergency response. For the purpose
of
| ||||||
24 | this paragraph, emergency response shall mean any incident | ||||||
25 | requiring a response
by: a police officer as defined under | ||||||
26 | Section 1-162 of the Illinois Vehicle
Code; a fireman carried | ||||||
27 | on the rolls of a regularly constituted fire
department; and an | ||||||
28 | ambulance as defined under Section 3.85 of the
Emergency | ||||||
29 | Medical Services (EMS) Systems Act.
| ||||||
30 | Neither a fine nor restitution shall be the sole | ||||||
31 | disposition
for a felony and either or both may be imposed only | ||||||
32 | in conjunction with
another disposition.
| ||||||
33 | (c) (1) When a defendant is found guilty of first degree | ||||||
34 | murder the
State may either seek a sentence of imprisonment | ||||||
35 | under Section 5-8-1 of
this Code, or where appropriate seek | ||||||
36 | a sentence of death under Section 9-1
of the Criminal Code |
| |||||||
| |||||||
1 | of 1961.
| ||||||
2 | (2) A period of probation, a term of periodic | ||||||
3 | imprisonment or
conditional discharge shall not be imposed | ||||||
4 | for the following offenses.
The court shall sentence the | ||||||
5 | offender to not less than the minimum term
of imprisonment | ||||||
6 | set forth in this Code for the following offenses, and
may | ||||||
7 | order a fine or restitution or both in conjunction with | ||||||
8 | such term of
imprisonment:
| ||||||
9 | (A) First degree murder where the death penalty is | ||||||
10 | not imposed.
| ||||||
11 | (B) Attempted first degree murder.
| ||||||
12 | (C) A Class X felony.
| ||||||
13 | (D) A violation of Section 401.1 or 407 of the
| ||||||
14 | Illinois Controlled Substances Act, or a violation of | ||||||
15 | subdivision (c)(1) or
(c)(2) of
Section 401 of that Act | ||||||
16 | which relates to more than 5 grams of a substance
| ||||||
17 | containing heroin or cocaine or an analog thereof.
| ||||||
18 | (E) A violation of Section 5.1 or 9 of the Cannabis | ||||||
19 | Control
Act.
| ||||||
20 | (F) A Class 2 or greater felony if the offender had | ||||||
21 | been convicted
of a Class 2 or greater felony within 10 | ||||||
22 | years of the date on which the
offender
committed the | ||||||
23 | offense for which he or she is being sentenced, except | ||||||
24 | as
otherwise provided in Section 40-10 of the | ||||||
25 | Alcoholism and Other Drug Abuse and
Dependency Act.
| ||||||
26 | (G) Residential burglary, except as otherwise | ||||||
27 | provided in Section 40-10
of the Alcoholism and Other | ||||||
28 | Drug Abuse and Dependency Act.
| ||||||
29 | (H) Criminal sexual assault.
| ||||||
30 | (I) Aggravated battery of a senior citizen.
| ||||||
31 | (J) A forcible felony if the offense was related to | ||||||
32 | the activities of an
organized gang.
| ||||||
33 | Before July 1, 1994, for the purposes of this | ||||||
34 | paragraph, "organized
gang" means an association of 5 | ||||||
35 | or more persons, with an established hierarchy,
that | ||||||
36 | encourages members of the association to perpetrate |
| |||||||
| |||||||
1 | crimes or provides
support to the members of the | ||||||
2 | association who do commit crimes.
| ||||||
3 | Beginning July 1, 1994, for the purposes of this | ||||||
4 | paragraph,
"organized gang" has the meaning ascribed | ||||||
5 | to it in Section 10 of the Illinois
Streetgang | ||||||
6 | Terrorism Omnibus Prevention Act.
| ||||||
7 | (K) Vehicular hijacking.
| ||||||
8 | (L) A second or subsequent conviction for the | ||||||
9 | offense of hate crime
when the underlying offense upon | ||||||
10 | which the hate crime is based is felony
aggravated
| ||||||
11 | assault or felony mob action.
| ||||||
12 | (M) A second or subsequent conviction for the | ||||||
13 | offense of institutional
vandalism if the damage to the | ||||||
14 | property exceeds $300.
| ||||||
15 | (N) A Class 3 felony violation of paragraph (1) of | ||||||
16 | subsection (a) of
Section 2 of the Firearm Owners | ||||||
17 | Identification Card Act.
| ||||||
18 | (O) A violation of Section 12-6.1 of the Criminal | ||||||
19 | Code of 1961.
| ||||||
20 | (P) A violation of paragraph (1), (2), (3), (4), | ||||||
21 | (5), or (7) of
subsection (a)
of Section 11-20.1 of the | ||||||
22 | Criminal Code of 1961.
| ||||||
23 | (Q) A violation of Section 20-1.2 or 20-1.3 of the | ||||||
24 | Criminal Code of
1961.
| ||||||
25 | (R) A violation of Section 24-3A of the Criminal | ||||||
26 | Code of
1961.
| ||||||
27 | (S) A violation of Section 11-501(c-1)(3) of the | ||||||
28 | Illinois Vehicle
Code.
| ||||||
29 | (T) A second or subsequent violation of paragraph | ||||||
30 | (6.6) of subsection
(a), subsection (c-5), or | ||||||
31 | subsection (d-5) of Section 401 of the Illinois
| ||||||
32 | Controlled Substances Act.
| ||||||
33 | (3) A minimum term of imprisonment of not less than 5 | ||||||
34 | days
or 30 days of community service as may be determined | ||||||
35 | by the
court shall
be imposed for a second violation | ||||||
36 | committed within 5 years
of a previous violation of Section |
| |||||||
| |||||||
1 | 11-501 of the Illinois Vehicle Code or
a similar provision | ||||||
2 | of a local ordinance.
In the case of a third or
subsequent | ||||||
3 | violation committed within 5 years of a previous violation | ||||||
4 | of
Section 11-501 of the Illinois Vehicle Code or a similar | ||||||
5 | provision of a local
ordinance, a minimum term of either 10 | ||||||
6 | days of imprisonment or 60 days of
community service shall | ||||||
7 | be imposed.
| ||||||
8 | (4) A minimum term of imprisonment of not less than 10
| ||||||
9 | consecutive days or 30 days of community service shall be | ||||||
10 | imposed for a
violation of paragraph (c) of Section 6-303 | ||||||
11 | of the Illinois Vehicle Code.
| ||||||
12 | (4.1) A minimum term of 30 consecutive days of | ||||||
13 | imprisonment,
40 days of 24 hour periodic imprisonment or | ||||||
14 | 720 hours of community
service, as may be determined by the | ||||||
15 | court, shall be imposed for a violation of
Section 11-501 | ||||||
16 | of the Illinois Vehicle Code during a period in which the
| ||||||
17 | defendant's driving privileges are revoked or suspended,
| ||||||
18 | where the revocation or suspension was for a
violation of | ||||||
19 | Section
11-501 or Section 11-501.1 of that Code.
| ||||||
20 | (4.2) Except as provided in paragraph (4.3) of this | ||||||
21 | subsection (c), a
minimum of
100 hours of community service | ||||||
22 | shall be imposed for a second violation of
Section 6-303
of | ||||||
23 | the Illinois Vehicle Code.
| ||||||
24 | (4.3) A minimum term of imprisonment of 30 days or 300 | ||||||
25 | hours of community
service, as determined by the court, | ||||||
26 | shall
be imposed for a second violation of subsection (c) | ||||||
27 | of Section 6-303 of the
Illinois Vehicle Code.
| ||||||
28 | (4.4) Except as provided in paragraph (4.5) and | ||||||
29 | paragraph (4.6) of this
subsection (c), a
minimum term of | ||||||
30 | imprisonment of 30 days or 300 hours of community service, | ||||||
31 | as
determined by the court, shall
be imposed
for a third or | ||||||
32 | subsequent violation of Section 6-303 of the Illinois | ||||||
33 | Vehicle
Code.
| ||||||
34 | (4.5) A minimum term of imprisonment of 30 days
shall | ||||||
35 | be imposed for a third violation of subsection (c) of
| ||||||
36 | Section 6-303 of the Illinois Vehicle Code.
|
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| |||||||
1 |
| ||||||
2 | (4.6) A minimum term of imprisonment of 180 days shall | ||||||
3 | be imposed for a
fourth or subsequent violation of | ||||||
4 | subsection (c) of Section 6-303 of the
Illinois Vehicle | ||||||
5 | Code.
| ||||||
6 | (5) The court may sentence an offender convicted of a | ||||||
7 | business
offense or a petty offense or a corporation or | ||||||
8 | unincorporated
association convicted of any offense to:
| ||||||
9 | (A) a period of conditional discharge;
| ||||||
10 | (B) a fine;
| ||||||
11 | (C) make restitution to the victim under Section | ||||||
12 | 5-5-6 of this Code.
| ||||||
13 | (5.1) In addition to any penalties imposed under | ||||||
14 | paragraph (5) of this
subsection (c), and except as | ||||||
15 | provided in paragraph (5.2) or (5.3), a person
convicted of | ||||||
16 | violating subsection (c) of Section 11-907 of the Illinois
| ||||||
17 | Vehicle Code shall have his or her driver's license, | ||||||
18 | permit, or privileges
suspended for at least 90 days but | ||||||
19 | not more than one year, if the violation
resulted in damage | ||||||
20 | to the property of another person.
| ||||||
21 | (5.2) In addition to any penalties imposed under | ||||||
22 | paragraph (5) of this
subsection (c), and except as | ||||||
23 | provided in paragraph (5.3), a person convicted
of | ||||||
24 | violating subsection (c) of Section 11-907 of the Illinois | ||||||
25 | Vehicle Code
shall have his or her driver's license, | ||||||
26 | permit, or privileges suspended for at
least 180 days but | ||||||
27 | not more than 2 years, if the violation resulted in injury
| ||||||
28 | to
another person.
| ||||||
29 | (5.3) In addition to any penalties imposed under | ||||||
30 | paragraph (5) of
this
subsection (c), a person convicted of | ||||||
31 | violating subsection (c) of Section
11-907 of the Illinois | ||||||
32 | Vehicle Code shall have his or her driver's license,
| ||||||
33 | permit, or privileges suspended for 2 years, if the | ||||||
34 | violation resulted in the
death of another person.
| ||||||
35 | (6) In no case shall an offender be eligible for a | ||||||
36 | disposition of
probation or conditional discharge for a |
| |||||||
| |||||||
1 | Class 1 felony committed while
he was serving a term of | ||||||
2 | probation or conditional discharge for a felony.
| ||||||
3 | (7) When a defendant is adjudged a habitual criminal | ||||||
4 | under Article
33B of the Criminal Code of 1961, the court | ||||||
5 | shall sentence
the defendant to a term of natural life | ||||||
6 | imprisonment.
| ||||||
7 | (8) When a defendant, over the age of 21 years, is | ||||||
8 | convicted of a
Class 1 or Class 2 felony, after having | ||||||
9 | twice been convicted
in any state or
federal court of an | ||||||
10 | offense that contains the same elements as an offense now
| ||||||
11 | classified in Illinois as a Class 2 or greater Class felony
| ||||||
12 | and such charges are
separately brought and tried and arise | ||||||
13 | out of different series of acts,
such defendant shall be | ||||||
14 | sentenced as a Class X offender. This paragraph
shall not | ||||||
15 | apply unless (1) the first felony was committed after the
| ||||||
16 | effective date of this amendatory Act of 1977; and (2) the | ||||||
17 | second felony
was committed after conviction on the first; | ||||||
18 | and (3) the third felony
was committed after conviction on | ||||||
19 | the second.
A person sentenced as a Class X offender under | ||||||
20 | this paragraph is not
eligible to apply for treatment as a | ||||||
21 | condition of probation as provided by
Section 40-10 of the | ||||||
22 | Alcoholism and Other Drug Abuse and Dependency Act.
| ||||||
23 | (9) A defendant convicted of a second or subsequent | ||||||
24 | offense of ritualized
abuse of a child may be sentenced to | ||||||
25 | a term of natural life imprisonment.
| ||||||
26 | (10) When a person is convicted of violating Section | ||||||
27 | 11-501 of the
Illinois
Vehicle Code or a similar provision | ||||||
28 | of a local ordinance, the following
penalties apply when | ||||||
29 | his or her blood,
breath, or urine was .16 or more based on | ||||||
30 | the definition of blood, breath, or
urine units in
Section | ||||||
31 | 11-501.2
or that person is convicted of violating Section | ||||||
32 | 11-501 of the Illinois Vehicle
Code while
transporting a | ||||||
33 | child under the age of 16:
| ||||||
34 | (A) For a first violation of subsection (a) of | ||||||
35 | Section 11-501, in
addition to any other penalty that | ||||||
36 | may be imposed under subsection (c) of
Section 11-501: |
| |||||||
| |||||||
1 | a
mandatory
minimum of
100 hours of community
service | ||||||
2 | and a minimum fine of
$500.
| ||||||
3 | (B) For a second violation of subsection (a) of | ||||||
4 | Section 11-501, in
addition to any other penalty that | ||||||
5 | may be imposed under subsection (c) of
Section 11-501 | ||||||
6 | within 10
years: a
mandatory minimum of 2
days of | ||||||
7 | imprisonment
and a minimum fine of $1,250.
| ||||||
8 | (C) For a third violation of subsection (a) of | ||||||
9 | Section 11-501, in
addition to any other penalty that | ||||||
10 | may be imposed under subsection (c) of
Section 11-501 | ||||||
11 | within 20
years: a
mandatory
minimum of 90 days of | ||||||
12 | imprisonment and a minimum
fine of $2,500.
| ||||||
13 | (D) For a fourth or subsequent violation of | ||||||
14 | subsection (a) of Section
11-501: ineligibility for a | ||||||
15 | sentence
of probation or conditional discharge and a | ||||||
16 | minimum
fine of $2,500.
| ||||||
17 | (11) The court shall impose a minimum fine of $1,000 | ||||||
18 | for a first offense
and $2,000 for a second or subsequent | ||||||
19 | offense upon a person convicted of or
placed on supervision | ||||||
20 | for battery when the individual harmed was a sports
| ||||||
21 | official or coach at any level of competition and the act | ||||||
22 | causing harm to the
sports
official or coach occurred | ||||||
23 | within an athletic facility or within the immediate | ||||||
24 | vicinity
of the athletic facility at which the sports | ||||||
25 | official or coach was an active
participant
of the athletic | ||||||
26 | contest held at the athletic facility. For the purposes of
| ||||||
27 | this paragraph (11), "sports official" means a person at an | ||||||
28 | athletic contest
who enforces the rules of the contest, | ||||||
29 | such as an umpire or referee; "athletic facility" means an | ||||||
30 | indoor or outdoor playing field or recreational area where | ||||||
31 | sports activities are conducted;
and "coach" means a person | ||||||
32 | recognized as a coach by the sanctioning
authority that | ||||||
33 | conducted the sporting event.
| ||||||
34 | (d) In any case in which a sentence originally imposed is | ||||||
35 | vacated,
the case shall be remanded to the trial court. The | ||||||
36 | trial court shall
hold a hearing under Section 5-4-1 of the |
| |||||||
| |||||||
1 | Unified Code of Corrections
which may include evidence of the | ||||||
2 | defendant's life, moral character and
occupation during the | ||||||
3 | time since the original sentence was passed. The
trial court | ||||||
4 | shall then impose sentence upon the defendant. The trial
court | ||||||
5 | may impose any sentence which could have been imposed at the
| ||||||
6 | original trial subject to Section 5-5-4 of the Unified Code of | ||||||
7 | Corrections.
If a sentence is vacated on appeal or on | ||||||
8 | collateral attack due to the
failure of the trier of fact at | ||||||
9 | trial to determine beyond a reasonable doubt
the
existence of a | ||||||
10 | fact (other than a prior conviction) necessary to increase the
| ||||||
11 | punishment for the offense beyond the statutory maximum | ||||||
12 | otherwise applicable,
either the defendant may be re-sentenced | ||||||
13 | to a term within the range otherwise
provided or, if the State | ||||||
14 | files notice of its intention to again seek the
extended | ||||||
15 | sentence, the defendant shall be afforded a new trial.
| ||||||
16 | (e) In cases where prosecution for
aggravated criminal | ||||||
17 | sexual abuse under Section 12-16 of the
Criminal Code of 1961 | ||||||
18 | results in conviction of a defendant
who was a family member of | ||||||
19 | the victim at the time of the commission of the
offense, the | ||||||
20 | court shall consider the safety and welfare of the victim and
| ||||||
21 | may impose a sentence of 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 | (n) The court may sentence a person convicted of a | ||||||
33 | violation of Section
12-19, 12-21, or 16-1.3 of the Criminal | ||||||
34 | Code of 1961 (i) to an impact
incarceration program if the | ||||||
35 | person is otherwise eligible for that program
under Section | ||||||
36 | 5-8-1.1, (ii) to community service, or (iii) if the person is |
| |||||||
| |||||||
1 | an
addict or alcoholic, as defined in the Alcoholism and Other | ||||||
2 | Drug Abuse and
Dependency Act, to a substance or alcohol abuse | ||||||
3 | program licensed under that
Act.
| ||||||
4 | (Source: P.A. 92-183, eff. 7-27-01; 92-248, eff. 8-3-01; | ||||||
5 | 92-283, eff.
1-1-02; 92-340, eff. 8-10-01; 92-418, eff. | ||||||
6 | 8-17-01; 92-422, eff. 8-17-01;
92-651, eff. 7-11-02; 92-698, | ||||||
7 | eff. 7-19-02; 93-44, eff. 7-1-03; 93-156, eff.
1-1-04; 93-169, | ||||||
8 | eff. 7-10-03; 93-301, eff. 1-1-04; 93-419, eff. 1-1-04;
93-546, | ||||||
9 | eff. 1-1-04; revised 10-9-03.)
| ||||||
10 | Section 99. Effective date. This Act takes effect upon | ||||||
11 | becoming law. |