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93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004 HB4440
Introduced 02/03/04, by Kathleen A. Ryg SYNOPSIS AS INTRODUCED: |
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625 ILCS 5/11-1427.5 new |
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730 ILCS 5/5-5-3 |
from Ch. 38, par. 1005-5-3 |
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Amends the Illinois Vehicle Code and the Unified Code of Corrections. Provides that a person who intentionally damages agricultural crops on private property while operating a motor vehicle is guilty of: a Class A misdemeanor if the damage does not exceed $300; a Class 4 felony if the damage exceeds $300 but does not exceed $10,000; a Class 3 felony if the damage exceeds $10,000 but does not exceed $100,000; or a Class 2 felony if the damage exceeds $100,000. Provides that, in addition to any other penalty that may be imposed, the person's driving privileges shall be suspended for 6 months. Provides that, if the person held an instruction permit for a minor at the time of the offense, the person's instruction permit shall be revoked. Effective immediately.
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| CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY | |
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A BILL FOR
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HB4440 |
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LRB093 15029 DRH 40601 b |
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| AN ACT concerning driving offenses.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Illinois Vehicle Code is amended by adding |
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| Section 11-1427.5 as follows: |
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| (625 ILCS 5/11-1427.5 new)
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| Sec. 11-1427.5. Criminal damage to agricultural crops. |
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| (a) A person violates this Section if he or she |
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| intentionally damages agricultural crops on private property |
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| while operating a motor vehicle. |
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| (b) A person who violates this Section is guilty of: |
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| (1) a Class A misdemeanor if the damage to the crops |
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| does not exceed $300. |
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| (2) a Class 4 felony if the damage to the crops exceeds |
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| $300 but does not exceed $10,000. |
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| (3) a Class 3 felony if the damage to the crops exceeds |
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| $10,000 but does not exceed $100,000. |
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| (4) a Class 2 felony if the damage to the crops exceeds |
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| $100,000. |
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| (c) In addition to any other penalty that may be imposed, |
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| except as provided in subsection (d), a person who violates |
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| this Section shall have his or her driving privileges suspended |
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| for a period of 6 months. |
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| (d) In addition to any other penalty that may be imposed, a |
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| person who violates this Section while holding an instruction |
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| permit for a minor under Section 6-107.1 shall have his or her |
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| instruction permit revoked.
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| Section 10. The Unified Code of Corrections is amended by |
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| changing Section 5-5-3 as follows:
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| (730 ILCS 5/5-5-3) (from Ch. 38, par. 1005-5-3)
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HB4440 |
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LRB093 15029 DRH 40601 b |
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| Sec. 5-5-3. Disposition.
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| (a) Every person convicted of an offense shall be sentenced |
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| as provided
in this Section.
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| (b) The following options shall be appropriate |
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| dispositions, alone
or in combination, for all felonies and |
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| misdemeanors other than those
identified in subsection (c) of |
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| this Section:
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| (1) A period of probation.
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| (2) A term of periodic imprisonment.
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| (3) A term of conditional discharge.
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| (4) A term of imprisonment.
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| (5) An order directing the offender to clean up and |
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| repair the
damage, if the offender was convicted under |
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| paragraph (h) of Section
21-1 of the Criminal Code of 1961 |
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| (now repealed) .
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| (6) A fine.
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| (7) An order directing the offender to make restitution |
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| to the
victim under Section 5-5-6 of this Code.
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| (8) A sentence of participation in a county impact |
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| incarceration
program under Section 5-8-1.2 of this Code.
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| Whenever an individual is sentenced for an offense based |
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| upon an
arrest for a violation of Section 11-501 of the |
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| Illinois Vehicle Code, or a
similar provision of a local |
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| ordinance, and the professional evaluation
recommends remedial |
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| or rehabilitative treatment or education, neither the
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| treatment nor the education shall be the sole disposition and |
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| either or
both may be imposed only in conjunction with another |
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| disposition.
The court shall monitor compliance with any |
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| remedial education or treatment
recommendations contained in |
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| the professional evaluation. Programs
conducting alcohol or |
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| other drug evaluation or remedial education must be
licensed by |
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| the Department of Human Services. However,
if the individual is |
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| not a resident of Illinois, the court may accept an
alcohol or |
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| other drug evaluation or remedial education program in the |
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| state
of such individual's residence. Programs providing |
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| treatment must be
licensed under existing applicable |
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LRB093 15029 DRH 40601 b |
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| alcoholism and drug treatment licensure
standards.
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| In addition to any other fine or penalty required by law, |
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| any
individual convicted of a violation of Section 11-501 of |
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| the Illinois
Vehicle Code, Section 5-7 of the Snowmobile |
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| Registration and Safety Act,
Section 5-16 of the Boat |
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| Registration and Safety Act, or a similar provision of
local |
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| ordinance, whose operation of
a motor vehicle while in |
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| violation of Section 11-501, Section 5-7, Section
5-16, or such |
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| ordinance
proximately caused an incident resulting in an |
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| appropriate emergency
response, shall be required to make |
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| restitution to a public agency for the
costs of that emergency |
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| response. Such restitution shall not exceed $1,000 per
public |
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| agency for each such emergency response. For the purpose
of
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| this paragraph, emergency response shall mean any incident |
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| requiring a response
by: a police officer as defined under |
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| Section 1-162 of the Illinois Vehicle
Code; a fireman carried |
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| on the rolls of a regularly constituted fire
department; and an |
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| ambulance as defined under Section 3.85 of the
Emergency |
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| Medical Services (EMS) Systems Act.
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| Neither a fine nor restitution shall be the sole |
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| disposition
for a felony and either or both may be imposed only |
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| in conjunction with
another disposition.
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| (c) (1) When a defendant is found guilty of first degree |
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| murder the
State may either seek a sentence of imprisonment |
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| under Section 5-8-1 of
this Code, or where appropriate seek |
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| a sentence of death under Section 9-1
of the Criminal Code |
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| of 1961.
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| (2) A period of probation, a term of periodic |
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| imprisonment or
conditional discharge shall not be imposed |
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| for the following offenses.
The court shall sentence the |
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| offender to not less than the minimum term
of imprisonment |
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| set forth in this Code for the following offenses, and
may |
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| order a fine or restitution or both in conjunction with |
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| such term of
imprisonment:
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| (A) First degree murder where the death penalty is |
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| not imposed.
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LRB093 15029 DRH 40601 b |
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| (B) Attempted first degree murder.
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| (C) A Class X felony.
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| (D) A violation of Section 401.1 or 407 of the
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| Illinois Controlled Substances Act, or a violation of |
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| subdivision (c)(1) or
(c)(2) of
Section 401 of that Act |
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| which relates to more than 5 grams of a substance
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| containing heroin or cocaine or an analog thereof.
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| (E) A violation of Section 5.1 or 9 of the Cannabis |
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| Control
Act.
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| (F) A Class 2 or greater felony if the offender had |
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| been convicted
of a Class 2 or greater felony within 10 |
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| years of the date on which the
offender
committed the |
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| offense for which he or she is being sentenced, except |
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| as
otherwise provided in Section 40-10 of the |
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| Alcoholism and Other Drug Abuse and
Dependency Act.
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| (G) Residential burglary, except as otherwise |
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| provided in Section 40-10
of the Alcoholism and Other |
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| Drug Abuse and Dependency Act.
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| (H) Criminal sexual assault.
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| (I) Aggravated battery of a senior citizen.
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| (J) A forcible felony if the offense was related to |
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| the activities of an
organized gang.
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| Before July 1, 1994, for the purposes of this |
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| paragraph, "organized
gang" means an association of 5 |
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| or more persons, with an established hierarchy,
that |
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| encourages members of the association to perpetrate |
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| crimes or provides
support to the members of the |
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| association who do commit crimes.
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| Beginning July 1, 1994, for the purposes of this |
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| paragraph,
"organized gang" has the meaning ascribed |
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| to it in Section 10 of the Illinois
Streetgang |
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| Terrorism Omnibus Prevention Act.
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| (K) Vehicular hijacking.
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| (L) A second or subsequent conviction for the |
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| offense of hate crime
when the underlying offense upon |
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| which the hate crime is based is felony
aggravated
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LRB093 15029 DRH 40601 b |
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| assault or felony mob action.
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| (M) A second or subsequent conviction for the |
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| offense of institutional
vandalism if the damage to the |
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| property exceeds $300.
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| (N) A Class 3 felony violation of paragraph (1) of |
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| subsection (a) of
Section 2 of the Firearm Owners |
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| Identification Card Act.
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| (O) A violation of Section 12-6.1 of the Criminal |
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| Code of 1961.
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| (P) A violation of paragraph (1), (2), (3), (4), |
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| (5), or (7) of
subsection (a)
of Section 11-20.1 of the |
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| Criminal Code of 1961.
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| (Q) A violation of Section 20-1.2 or 20-1.3 of the |
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| Criminal Code of
1961.
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| (R) A violation of Section 24-3A of the Criminal |
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| Code of
1961.
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| (S) A violation of Section 11-501(c-1)(3) of the |
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| Illinois Vehicle
Code.
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| (T) A second or subsequent violation of paragraph |
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| (6.6) of subsection
(a), subsection (c-5), or |
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| subsection (d-5) of Section 401 of the Illinois
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| Controlled Substances Act.
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| (3) A minimum term of imprisonment of not less than 5 |
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| days
or 30 days of community service as may be determined |
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| by the
court shall
be imposed for a second violation |
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| committed within 5 years
of a previous violation of Section |
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| 11-501 of the Illinois Vehicle Code or
a similar provision |
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| of a local ordinance.
In the case of a third or
subsequent |
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| violation committed within 5 years of a previous violation |
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| of
Section 11-501 of the Illinois Vehicle Code or a similar |
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| provision of a local
ordinance, a minimum term of either 10 |
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| days of imprisonment or 60 days of
community service shall |
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| be imposed.
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| (4) A minimum term of imprisonment of not less than 10
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| consecutive days or 30 days of community service shall be |
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| imposed for a
violation of paragraph (c) of Section 6-303 |
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LRB093 15029 DRH 40601 b |
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| of the Illinois Vehicle Code.
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| (4.1) A minimum term of 30 consecutive days of |
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| imprisonment,
40 days of 24 hour periodic imprisonment or |
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| 720 hours of community
service, as may be determined by the |
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| court, shall be imposed for a violation of
Section 11-501 |
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| of the Illinois Vehicle Code during a period in which the
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| defendant's driving privileges are revoked or suspended,
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| where the revocation or suspension was for a
violation of |
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| Section
11-501 or Section 11-501.1 of that Code.
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| (4.2) Except as provided in paragraph (4.3) of this |
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| subsection (c), a
minimum of
100 hours of community service |
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| shall be imposed for a second violation of
Section 6-303
of |
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| the Illinois Vehicle Code.
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| (4.3) A minimum term of imprisonment of 30 days or 300 |
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| hours of community
service, as determined by the court, |
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| shall
be imposed for a second violation of subsection (c) |
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| of Section 6-303 of the
Illinois Vehicle Code.
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| (4.4) Except as provided in paragraph (4.5) and |
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| paragraph (4.6) of this
subsection (c), a
minimum term of |
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| imprisonment of 30 days or 300 hours of community service, |
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| as
determined by the court, shall
be imposed
for a third or |
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| subsequent violation of Section 6-303 of the Illinois |
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| Vehicle
Code.
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| (4.5) A minimum term of imprisonment of 30 days
shall |
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| be imposed for a third violation of subsection (c) of
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| Section 6-303 of the Illinois Vehicle Code.
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| (4.6) A minimum term of imprisonment of 180 days shall |
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| be imposed for a
fourth or subsequent violation of |
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| subsection (c) of Section 6-303 of the
Illinois Vehicle |
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| Code.
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| (5) The court may sentence an offender convicted of a |
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| business
offense or a petty offense or a corporation or |
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| unincorporated
association convicted of any offense to:
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| (A) a period of conditional discharge;
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| (B) a fine;
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| (C) make restitution to the victim under Section |
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LRB093 15029 DRH 40601 b |
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| 5-5-6 of this Code.
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| (5.1) In addition to any penalties imposed under |
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| paragraph (5) of this
subsection (c), and except as |
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| provided in paragraph (5.2) or (5.3), a person
convicted of |
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| violating subsection (c) of Section 11-907 of the Illinois
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| Vehicle Code shall have his or her driver's license, |
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| permit, or privileges
suspended for at least 90 days but |
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| not more than one year, if the violation
resulted in damage |
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| to the property of another person.
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| (5.2) In addition to any penalties imposed under |
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| paragraph (5) of this
subsection (c), and except as |
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| provided in paragraph (5.3), a person convicted
of |
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| violating subsection (c) of Section 11-907 of the Illinois |
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| Vehicle Code
shall have his or her driver's license, |
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| permit, or privileges suspended for at
least 180 days but |
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| not more than 2 years, if the violation resulted in injury
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| to
another person.
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| (5.3) In addition to any penalties imposed under |
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| paragraph (5) of
this
subsection (c), a person convicted of |
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| violating subsection (c) of Section
11-907 of the Illinois |
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| Vehicle Code shall have his or her driver's license,
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| permit, or privileges suspended for 2 years, if the |
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| violation resulted in the
death of another person.
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| (6) In no case shall an offender be eligible for a |
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| disposition of
probation or conditional discharge for a |
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| Class 1 felony committed while
he was serving a term of |
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| probation or conditional discharge for a felony.
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| (7) When a defendant is adjudged a habitual criminal |
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| under Article
33B of the Criminal Code of 1961, the court |
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| shall sentence
the defendant to a term of natural life |
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| imprisonment.
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| (8) When a defendant, over the age of 21 years, is |
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| convicted of a
Class 1 or Class 2 felony, after having |
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| twice been convicted
in any state or
federal court of an |
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| offense that contains the same elements as an offense now
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| classified in Illinois as a Class 2 or greater Class felony
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LRB093 15029 DRH 40601 b |
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| and such charges are
separately brought and tried and arise |
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| out of different series of acts,
such defendant shall be |
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| sentenced as a Class X offender. This paragraph
shall not |
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| apply unless (1) the first felony was committed after the
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| effective date of this amendatory Act of 1977; and (2) the |
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| second felony
was committed after conviction on the first; |
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| and (3) the third felony
was committed after conviction on |
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| the second.
A person sentenced as a Class X offender under |
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| this paragraph is not
eligible to apply for treatment as a |
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| condition of probation as provided by
Section 40-10 of the |
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| Alcoholism and Other Drug Abuse and Dependency Act.
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| (9) A defendant convicted of a second or subsequent |
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| offense of ritualized
abuse of a child may be sentenced to |
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| a term of natural life imprisonment.
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| (10) When a person is convicted of violating Section |
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| 11-501 of the
Illinois
Vehicle Code or a similar provision |
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| of a local ordinance, the following
penalties apply when |
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| his or her blood,
breath, or urine was .16 or more based on |
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| the definition of blood, breath, or
urine units in
Section |
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| 11-501.2
or that person is convicted of violating Section |
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| 11-501 of the Illinois Vehicle
Code while
transporting a |
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| child under the age of 16:
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| (A) For a first violation of subsection (a) of |
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| Section 11-501, in
addition to any other penalty that |
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| may be imposed under subsection (c) of
Section 11-501: |
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| a
mandatory
minimum of
100 hours of community
service |
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| and a minimum fine of
$500.
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| (B) For a second violation of subsection (a) of |
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| Section 11-501, in
addition to any other penalty that |
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| may be imposed under subsection (c) of
Section 11-501 |
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| within 10
years: a
mandatory minimum of 2
days of |
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| imprisonment
and a minimum fine of $1,250.
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| (C) For a third violation of subsection (a) of |
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| Section 11-501, in
addition to any other penalty that |
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| may be imposed under subsection (c) of
Section 11-501 |
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| within 20
years: a
mandatory
minimum of 90 days of |
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LRB093 15029 DRH 40601 b |
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| imprisonment and a minimum
fine of $2,500.
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| (D) For a fourth or subsequent violation of |
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| subsection (a) of Section
11-501: ineligibility for a |
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| sentence
of probation or conditional discharge and a |
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| minimum
fine of $2,500.
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| (11) In addition to any other penalty that may be |
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| imposed, a person convicted of violating Section 11-1427.5 |
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| of the Illinois Vehicle Code shall have his or her driving |
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| privileges revoked for a period of 6 months. If the person |
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| committed the offense while holding an instruction permit |
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| for a minor under Section 6-107.1 of the Illinois Vehicle |
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| Code, the person's instruction permit shall be revoked.
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| (d) In any case in which a sentence originally imposed is |
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| vacated,
the case shall be remanded to the trial court. The |
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| trial court shall
hold a hearing under Section 5-4-1 of the |
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| Unified Code of Corrections
which may include evidence of the |
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| defendant's life, moral character and
occupation during the |
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| time since the original sentence was passed. The
trial court |
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| shall then impose sentence upon the defendant. The trial
court |
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| may impose any sentence which could have been imposed at the
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| original trial subject to Section 5-5-4 of the Unified Code of |
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| Corrections.
If a sentence is vacated on appeal or on |
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| collateral attack due to the
failure of the trier of fact at |
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| trial to determine beyond a reasonable doubt
the
existence of a |
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| fact (other than a prior conviction) necessary to increase the
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| punishment for the offense beyond the statutory maximum |
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| otherwise applicable,
either the defendant may be re-sentenced |
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| to a term within the range otherwise
provided or, if the State |
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| files notice of its intention to again seek the
extended |
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| sentence, the defendant shall be afforded a new trial.
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| (e) In cases where prosecution for
aggravated criminal |
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| sexual abuse under Section 12-16 of the
Criminal Code of 1961 |
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| results in conviction of a defendant
who was a family member of |
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| the victim at the time of the commission of the
offense, the |
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| court shall consider the safety and welfare of the victim and
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| may impose a sentence of probation only where:
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HB4440 |
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LRB093 15029 DRH 40601 b |
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| (1) the court finds (A) or (B) or both are appropriate:
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| (A) the defendant is willing to undergo a court |
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| approved counseling
program for a minimum duration of 2 |
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| years; or
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| (B) the defendant is willing to participate in a |
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| court approved plan
including but not limited to the |
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| defendant's:
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| (i) removal from the household;
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| (ii) restricted contact with the victim;
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| (iii) continued financial support of the |
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| family;
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| (iv) restitution for harm done to the victim; |
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| and
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| (v) compliance with any other measures that |
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| the court may
deem appropriate; and
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| (2) the court orders the defendant to pay for the |
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| victim's counseling
services, to the extent that the court |
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| finds, after considering the
defendant's income and |
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| assets, that the defendant is financially capable of
paying |
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| for such services, if the victim was under 18 years of age |
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| at the
time the offense was committed and requires |
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| counseling as a result of the
offense.
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| Probation may be revoked or modified pursuant to Section |
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| 5-6-4; except
where the court determines at the hearing that |
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| the defendant violated a
condition of his or her probation |
26 |
| restricting contact with the victim or
other family members or |
27 |
| commits another offense with the victim or other
family |
28 |
| members, the court shall revoke the defendant's probation and
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| impose a term of imprisonment.
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| For the purposes of this Section, "family member" and |
31 |
| "victim" shall have
the meanings ascribed to them in Section |
32 |
| 12-12 of the Criminal Code of
1961.
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| (f) This Article shall not deprive a court in other |
34 |
| proceedings to
order a forfeiture of property, to suspend or |
35 |
| cancel a license, to
remove a person from office, or to impose |
36 |
| any other civil penalty.
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LRB093 15029 DRH 40601 b |
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| (g) Whenever a defendant is convicted of an offense under |
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| Sections
11-14, 11-15, 11-15.1, 11-16, 11-17, 11-18, 11-18.1, |
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| 11-19, 11-19.1, 11-19.2,
12-13, 12-14, 12-14.1, 12-15 or 12-16 |
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| of the Criminal Code of 1961,
the defendant shall undergo |
5 |
| medical testing to
determine whether the defendant has any |
6 |
| sexually transmissible disease,
including a test for infection |
7 |
| with human immunodeficiency virus (HIV) or
any other identified |
8 |
| causative agent of acquired immunodeficiency syndrome
(AIDS). |
9 |
| Any such medical test shall be performed only by appropriately
|
10 |
| licensed medical practitioners and may include an analysis of |
11 |
| any bodily
fluids as well as an examination of the defendant's |
12 |
| person.
Except as otherwise provided by law, the results of |
13 |
| such test shall be kept
strictly confidential by all medical |
14 |
| personnel involved in the testing and must
be personally |
15 |
| delivered in a sealed envelope to the judge of the court in |
16 |
| which
the conviction was entered for the judge's inspection in |
17 |
| camera. Acting in
accordance with the best interests of the |
18 |
| victim and the public, the judge
shall have the discretion to |
19 |
| determine to whom, if anyone, the results of the
testing may be |
20 |
| revealed. The court shall notify the defendant
of the test |
21 |
| results. The court shall
also notify the victim if requested by |
22 |
| the victim, and if the victim is under
the age of 15 and if |
23 |
| requested by the victim's parents or legal guardian, the
court |
24 |
| shall notify the victim's parents or legal guardian of the test
|
25 |
| results.
The court shall provide information on the |
26 |
| availability of HIV testing
and counseling at Department of |
27 |
| Public Health facilities to all parties to
whom the results of |
28 |
| the testing are revealed and shall direct the State's
Attorney |
29 |
| to provide the information to the victim when possible.
A |
30 |
| State's Attorney may petition the court to obtain the results |
31 |
| of any HIV test
administered under this Section, and the court |
32 |
| shall grant the disclosure if
the State's Attorney shows it is |
33 |
| relevant in order to prosecute a charge of
criminal |
34 |
| transmission of HIV under Section 12-16.2 of the Criminal Code |
35 |
| of 1961
against the defendant. The court shall order that the |
36 |
| cost of any such test
shall be paid by the county and may be |
|
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| taxed as costs against the convicted
defendant.
|
2 |
| (g-5) When an inmate is tested for an airborne communicable |
3 |
| disease, as
determined by the Illinois Department of Public |
4 |
| Health including but not
limited to tuberculosis, the results |
5 |
| of the test shall be
personally delivered by the warden or his |
6 |
| or her designee in a sealed envelope
to the judge of the court |
7 |
| in which the inmate must appear for the judge's
inspection in |
8 |
| camera if requested by the judge. Acting in accordance with the
|
9 |
| best interests of those in the courtroom, the judge shall have |
10 |
| the discretion
to determine what if any precautions need to be |
11 |
| taken to prevent transmission
of the disease in the courtroom.
|
12 |
| (h) Whenever a defendant is convicted of an offense under |
13 |
| Section 1 or 2
of the Hypodermic Syringes and Needles Act, the |
14 |
| defendant shall undergo
medical testing to determine whether |
15 |
| the defendant has been exposed to human
immunodeficiency virus |
16 |
| (HIV) or any other identified causative agent of
acquired |
17 |
| immunodeficiency syndrome (AIDS). Except as otherwise provided |
18 |
| by
law, the results of such test shall be kept strictly |
19 |
| confidential by all
medical personnel involved in the testing |
20 |
| and must be personally delivered in a
sealed envelope to the |
21 |
| judge of the court in which the conviction was entered
for the |
22 |
| judge's inspection in camera. Acting in accordance with the |
23 |
| best
interests of the public, the judge shall have the |
24 |
| discretion to determine to
whom, if anyone, the results of the |
25 |
| testing may be revealed. The court shall
notify the defendant |
26 |
| of a positive test showing an infection with the human
|
27 |
| immunodeficiency virus (HIV). The court shall provide |
28 |
| information on the
availability of HIV testing and counseling |
29 |
| at Department of Public Health
facilities to all parties to |
30 |
| whom the results of the testing are revealed and
shall direct |
31 |
| the State's Attorney to provide the information to the victim |
32 |
| when
possible. A State's Attorney may petition the court to |
33 |
| obtain the results of
any HIV test administered under this |
34 |
| Section, and the court shall grant the
disclosure if the |
35 |
| State's Attorney shows it is relevant in order to prosecute a
|
36 |
| charge of criminal transmission of HIV under Section 12-16.2 of |
|
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| the Criminal
Code of 1961 against the defendant. The court |
2 |
| shall order that the cost of any
such test shall be paid by the |
3 |
| county and may be taxed as costs against the
convicted |
4 |
| defendant.
|
5 |
| (i) All fines and penalties imposed under this Section for |
6 |
| any violation
of Chapters 3, 4, 6, and 11 of the Illinois |
7 |
| Vehicle Code, or a similar
provision of a local ordinance, and |
8 |
| any violation
of the Child Passenger Protection Act, or a |
9 |
| similar provision of a local
ordinance, shall be collected and |
10 |
| disbursed by the circuit
clerk as provided under Section 27.5 |
11 |
| of the Clerks of Courts Act.
|
12 |
| (j) In cases when prosecution for any violation of Section |
13 |
| 11-6, 11-8,
11-9, 11-11, 11-14, 11-15, 11-15.1, 11-16, 11-17, |
14 |
| 11-17.1, 11-18, 11-18.1,
11-19, 11-19.1, 11-19.2, 11-20.1, |
15 |
| 11-21, 12-13, 12-14, 12-14.1, 12-15, or
12-16 of the
Criminal |
16 |
| Code of 1961, any violation of the Illinois Controlled |
17 |
| Substances Act,
or any violation of the Cannabis Control Act |
18 |
| results in conviction, a
disposition of court supervision, or |
19 |
| an order of probation granted under
Section 10 of the Cannabis |
20 |
| Control Act or Section 410 of the Illinois
Controlled Substance |
21 |
| Act of a defendant, the court shall determine whether the
|
22 |
| defendant is employed by a facility or center as defined under |
23 |
| the Child Care
Act of 1969, a public or private elementary or |
24 |
| secondary school, or otherwise
works with children under 18 |
25 |
| years of age on a daily basis. When a defendant
is so employed, |
26 |
| the court shall order the Clerk of the Court to send a copy of
|
27 |
| the judgment of conviction or order of supervision or probation |
28 |
| to the
defendant's employer by certified mail.
If the employer |
29 |
| of the defendant is a school, the Clerk of the Court shall
|
30 |
| direct the mailing of a copy of the judgment of conviction or |
31 |
| order of
supervision or probation to the appropriate regional |
32 |
| superintendent of schools.
The regional superintendent of |
33 |
| schools shall notify the State Board of
Education of any |
34 |
| notification under this subsection.
|
35 |
| (j-5) A defendant at least 17 years of age who is convicted |
36 |
| of a felony and
who has not been previously convicted of a |
|
|
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| misdemeanor or felony and who is
sentenced to a term of |
2 |
| imprisonment in the Illinois Department of Corrections
shall as |
3 |
| a condition of his or her sentence be required by the court to |
4 |
| attend
educational courses designed to prepare the defendant |
5 |
| for a high school diploma
and to work toward a high school |
6 |
| diploma or to work toward passing the high
school level Test of |
7 |
| General Educational Development (GED) or to work toward
|
8 |
| completing a vocational training program offered by the |
9 |
| Department of
Corrections. If a defendant fails to complete the |
10 |
| educational training
required by his or her sentence during the |
11 |
| term of incarceration, the Prisoner
Review Board shall, as a |
12 |
| condition of mandatory supervised release, require the
|
13 |
| defendant, at his or her own expense, to pursue a course of |
14 |
| study toward a high
school diploma or passage of the GED test. |
15 |
| The Prisoner Review Board shall
revoke the mandatory supervised |
16 |
| release of a defendant who wilfully fails to
comply with this |
17 |
| subsection (j-5) upon his or her release from confinement in a
|
18 |
| penal institution while serving a mandatory supervised release |
19 |
| term; however,
the inability of the defendant after making a |
20 |
| good faith effort to obtain
financial aid or pay for the |
21 |
| educational training shall not be deemed a wilful
failure to |
22 |
| comply. The Prisoner Review Board shall recommit the defendant
|
23 |
| whose mandatory supervised release term has been revoked under |
24 |
| this subsection
(j-5) as provided in Section 3-3-9. This |
25 |
| subsection (j-5) does not apply to a
defendant who has a high |
26 |
| school diploma or has successfully passed the GED
test. This |
27 |
| subsection (j-5) does not apply to a defendant who is |
28 |
| determined by
the court to be developmentally disabled or |
29 |
| otherwise mentally incapable of
completing the educational or |
30 |
| vocational program.
|
31 |
| (k) A court may not impose a sentence or disposition for a
|
32 |
| felony or misdemeanor that requires the defendant to be |
33 |
| implanted or injected
with or to use any form of birth control.
|
34 |
| (l) (A) Except as provided
in paragraph (C) of subsection |
35 |
| (l), whenever a defendant,
who is an alien as defined by |
36 |
| the Immigration and Nationality Act, is convicted
of any |
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| felony or misdemeanor offense, the court after sentencing |
2 |
| the defendant
may, upon motion of the State's Attorney, |
3 |
| hold sentence in abeyance and remand
the defendant to the |
4 |
| custody of the Attorney General of
the United States or his |
5 |
| or her designated agent to be deported when:
|
6 |
| (1) a final order of deportation has been issued |
7 |
| against the defendant
pursuant to proceedings under |
8 |
| the Immigration and Nationality Act, and
|
9 |
| (2) the deportation of the defendant would not |
10 |
| deprecate the seriousness
of the defendant's conduct |
11 |
| and would not be inconsistent with the ends of
justice.
|
12 |
| Otherwise, the defendant shall be sentenced as |
13 |
| provided in this Chapter V.
|
14 |
| (B) If the defendant has already been sentenced for a |
15 |
| felony or
misdemeanor
offense, or has been placed on |
16 |
| probation under Section 10 of the Cannabis
Control Act or |
17 |
| Section 410 of the Illinois Controlled Substances Act, the |
18 |
| court
may, upon motion of the State's Attorney to suspend |
19 |
| the
sentence imposed, commit the defendant to the custody |
20 |
| of the Attorney General
of the United States or his or her |
21 |
| designated agent when:
|
22 |
| (1) a final order of deportation has been issued |
23 |
| against the defendant
pursuant to proceedings under |
24 |
| the Immigration and Nationality Act, and
|
25 |
| (2) the deportation of the defendant would not |
26 |
| deprecate the seriousness
of the defendant's conduct |
27 |
| and would not be inconsistent with the ends of
justice.
|
28 |
| (C) This subsection (l) does not apply to offenders who |
29 |
| are subject to the
provisions of paragraph (2) of |
30 |
| subsection (a) of Section 3-6-3.
|
31 |
| (D) Upon motion of the State's Attorney, if a defendant |
32 |
| sentenced under
this Section returns to the jurisdiction of |
33 |
| the United States, the defendant
shall be recommitted to |
34 |
| the custody of the county from which he or she was
|
35 |
| sentenced.
Thereafter, the defendant shall be brought |
36 |
| before the sentencing court, which
may impose any sentence |
|
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| that was available under Section 5-5-3 at the time of
|
2 |
| initial sentencing. In addition, the defendant shall not be |
3 |
| eligible for
additional good conduct credit for |
4 |
| meritorious service as provided under
Section 3-6-6.
|
5 |
| (m) A person convicted of criminal defacement of property |
6 |
| under Section
21-1.3 of the Criminal Code of 1961, in which the |
7 |
| property damage exceeds $300
and the property damaged is a |
8 |
| school building, shall be ordered to perform
community service |
9 |
| that may include cleanup, removal, or painting over the
|
10 |
| defacement.
|
11 |
| (n) The court may sentence a person convicted of a |
12 |
| violation of Section
12-19, 12-21, or 16-1.3 of the Criminal |
13 |
| Code of 1961 (i) to an impact
incarceration program if the |
14 |
| person is otherwise eligible for that program
under Section |
15 |
| 5-8-1.1, (ii) to community service, or (iii) if the person is |
16 |
| an
addict or alcoholic, as defined in the Alcoholism and Other |
17 |
| Drug Abuse and
Dependency Act, to a substance or alcohol abuse |
18 |
| program licensed under that
Act.
|
19 |
| (Source: P.A. 92-183, eff. 7-27-01; 92-248, eff. 8-3-01; |
20 |
| 92-283, eff.
1-1-02; 92-340, eff. 8-10-01; 92-418, eff. |
21 |
| 8-17-01; 92-422, eff. 8-17-01;
92-651, eff. 7-11-02; 92-698, |
22 |
| eff. 7-19-02; 93-44, eff. 7-1-03; 93-156, eff.
1-1-04; 93-169, |
23 |
| eff. 7-10-03; 93-301, eff. 1-1-04; 93-419, eff. 1-1-04;
93-546, |
24 |
| eff. 1-1-04; revised 10-9-03.)
|
25 |
| Section 99. Effective date. This Act takes effect upon |
26 |
| becoming law.
|