|
|||||||
| |||||||
| |||||||
1 | AN ACT concerning criminal law.
| ||||||
2 | Be it enacted by the People of the State of Illinois,
| ||||||
3 | represented in the General Assembly:
| ||||||
4 | Section 5. The Criminal Code of 1961 is amended by changing | ||||||
5 | Sections 24-1, 24-1.1, and 24-1.6 as follows:
| ||||||
6 | (720 ILCS 5/24-1) (from Ch. 38, par. 24-1)
| ||||||
7 | Sec. 24-1. Unlawful Use of Weapons.
| ||||||
8 | (a) A person commits the offense of unlawful use of weapons | ||||||
9 | when
he knowingly:
| ||||||
10 | (1) Sells, manufactures, purchases, possesses or | ||||||
11 | carries any bludgeon,
black-jack, slung-shot, sand-club, | ||||||
12 | sand-bag, metal knuckles, throwing star,
or any knife, | ||||||
13 | commonly referred to as a switchblade knife, which has a
| ||||||
14 | blade that opens automatically by hand pressure applied to | ||||||
15 | a button,
spring or other device in the handle of the | ||||||
16 | knife, or a ballistic knife,
which is a device that propels | ||||||
17 | a knifelike blade as a projectile by means
of a coil | ||||||
18 | spring, elastic material or compressed gas; or
| ||||||
19 | (2) Carries or possesses with intent to use the same | ||||||
20 | unlawfully
against another, a dagger, dirk, billy, | ||||||
21 | dangerous knife, razor,
stiletto, broken bottle or other | ||||||
22 | piece of glass, stun gun or taser or
any other dangerous or | ||||||
23 | deadly weapon or instrument of like character; or
| ||||||
24 | (3) Carries on or about his person or in any vehicle, a | ||||||
25 | tear gas gun
projector or bomb or any object containing | ||||||
26 | noxious liquid gas or
substance, other than an object | ||||||
27 | containing a non-lethal noxious liquid gas
or substance | ||||||
28 | designed solely for personal defense carried by a person 18
| ||||||
29 | years of age or older; or
| ||||||
30 | (4) Carries or possesses in any vehicle or concealed on | ||||||
31 | or about his
person except when on his land or in his own | ||||||
32 | abode or fixed place of
business any pistol, revolver, stun |
| |||||||
| |||||||
1 | gun or taser or other firearm, except
that
this subsection | ||||||
2 | (a) (4) does not apply to or affect transportation of | ||||||
3 | weapons
that meet one of the following conditions:
| ||||||
4 | (i) are broken down in a non-functioning state; or
| ||||||
5 | (ii) are not immediately accessible; or
| ||||||
6 | (iii) are unloaded and enclosed in a case, firearm | ||||||
7 | carrying box,
shipping box, or other container by a | ||||||
8 | person who has been issued a currently
valid Firearm | ||||||
9 | Owner's
Identification Card; or
| ||||||
10 | (5) Sets a spring gun; or
| ||||||
11 | (6) Possesses any device or attachment of any kind | ||||||
12 | designed, used or
intended for use in silencing the report | ||||||
13 | of any firearm; or
| ||||||
14 | (7) Sells, manufactures, purchases, possesses or | ||||||
15 | carries:
| ||||||
16 | (i) a machine gun, which shall be defined for the | ||||||
17 | purposes of this
subsection as any weapon,
which | ||||||
18 | shoots, is designed to shoot, or can be readily | ||||||
19 | restored to shoot,
automatically more than one shot | ||||||
20 | without manually reloading by a single
function of the | ||||||
21 | trigger, including the frame or receiver
of any such | ||||||
22 | weapon, or sells, manufactures, purchases, possesses, | ||||||
23 | or
carries any combination of parts designed or | ||||||
24 | intended for
use in converting any weapon into a | ||||||
25 | machine gun, or any combination or
parts from which a | ||||||
26 | machine gun can be assembled if such parts are in the
| ||||||
27 | possession or under the control of a person;
| ||||||
28 | (ii) any rifle having one or
more barrels less than | ||||||
29 | 16 inches in length or a shotgun having one or more
| ||||||
30 | barrels less than 18 inches in length or any weapon | ||||||
31 | made from a rifle or
shotgun, whether by alteration, | ||||||
32 | modification, or otherwise, if such a weapon
as | ||||||
33 | modified has an overall length of less than 26 inches; | ||||||
34 | or
| ||||||
35 | (iii) any
bomb, bomb-shell, grenade, bottle or | ||||||
36 | other container containing an
explosive substance of |
| |||||||
| |||||||
1 | over one-quarter ounce for like purposes, such
as, but | ||||||
2 | not limited to, black powder bombs and Molotov | ||||||
3 | cocktails or
artillery projectiles; or
| ||||||
4 | (8) Carries or possesses any firearm, stun gun or taser | ||||||
5 | or other
deadly weapon in any place which is licensed to | ||||||
6 | sell intoxicating
beverages, or at any public gathering | ||||||
7 | held pursuant to a license issued
by any governmental body | ||||||
8 | or any public gathering at which an admission
is charged, | ||||||
9 | excluding a place where a showing, demonstration or lecture
| ||||||
10 | involving the exhibition of unloaded firearms is | ||||||
11 | conducted.
| ||||||
12 | This subsection (a)(8) does not apply to any auction or | ||||||
13 | raffle of a firearm
held pursuant to
a license or permit | ||||||
14 | issued by a governmental body, nor does it apply to persons
| ||||||
15 | engaged
in firearm safety training courses; or
| ||||||
16 | (9) Carries or possesses in a vehicle or on or about | ||||||
17 | his person any
pistol, revolver, stun gun or taser or | ||||||
18 | firearm or ballistic knife, when
he is hooded, robed or | ||||||
19 | masked in such manner as to conceal his identity; or
| ||||||
20 | (10) Carries or possesses on or about his person, upon | ||||||
21 | any public street,
alley, or other public lands within the | ||||||
22 | corporate limits of a city, village
or incorporated town, | ||||||
23 | except when an invitee thereon or therein, for the
purpose | ||||||
24 | of the display of such weapon or the lawful commerce in | ||||||
25 | weapons, or
except when on his land or in his own abode or | ||||||
26 | fixed place of business, any
pistol, revolver, stun gun or | ||||||
27 | taser or other firearm, except that this
subsection (a) | ||||||
28 | (10) does not apply to or affect transportation of weapons | ||||||
29 | that
meet one of the following conditions:
| ||||||
30 | (i) are broken down in a non-functioning state; or
| ||||||
31 | (ii) are not immediately accessible; or
| ||||||
32 | (iii) are unloaded and enclosed in a case, firearm | ||||||
33 | carrying box,
shipping box, or other container by a | ||||||
34 | person who has been issued a currently
valid Firearm | ||||||
35 | Owner's
Identification Card.
| ||||||
36 | A "stun gun or taser", as used in this paragraph (a) |
| |||||||
| |||||||
1 | means (i) any device
which is powered by electrical | ||||||
2 | charging units, such as, batteries, and
which fires one or | ||||||
3 | several barbs attached to a length of wire and
which, upon | ||||||
4 | hitting a human, can send out a current capable of | ||||||
5 | disrupting
the person's nervous system in such a manner as | ||||||
6 | to render him incapable of
normal functioning or (ii) any | ||||||
7 | device which is powered by electrical
charging units, such | ||||||
8 | as batteries, and which, upon contact with a human or
| ||||||
9 | clothing worn by a human, can send out current capable of | ||||||
10 | disrupting
the person's nervous system in such a manner as | ||||||
11 | to render him incapable
of normal functioning; or
| ||||||
12 | (11) Sells, manufactures or purchases any explosive | ||||||
13 | bullet. For purposes
of this paragraph (a) "explosive | ||||||
14 | bullet" means the projectile portion of
an ammunition | ||||||
15 | cartridge which contains or carries an explosive charge | ||||||
16 | which
will explode upon contact with the flesh of a human | ||||||
17 | or an animal.
"Cartridge" means a tubular metal case having | ||||||
18 | a projectile affixed at the
front thereof and a cap or | ||||||
19 | primer at the rear end thereof, with the
propellant | ||||||
20 | contained in such tube between the projectile and the cap; | ||||||
21 | or
| ||||||
22 | (12) (Blank).
| ||||||
23 | (b) Sentence. A person convicted of a violation of | ||||||
24 | subsection 24-1(a)(1)
through (5), subsection 24-1(a)(10),
or | ||||||
25 | subsection 24-1(a)(11) commits a Class A
misdemeanor.
A person | ||||||
26 | convicted of a violation of subsection
24-1(a)(8) or 24-1(a)(9) | ||||||
27 | commits a
Class 4 felony; a person
convicted of a violation of | ||||||
28 | subsection 24-1(a)(6) or 24-1(a)(7)(ii) or (iii)
commits a | ||||||
29 | Class 3 felony. A person convicted of a violation of subsection
| ||||||
30 | 24-1(a)(7)(i) commits a Class 2 felony and shall be sentenced | ||||||
31 | to a term of imprisonment of not less than 3 years and not more | ||||||
32 | than 7 years , unless the weapon is possessed in the
passenger | ||||||
33 | compartment of a motor vehicle as defined in Section 1-146 of | ||||||
34 | the
Illinois Vehicle Code, or on the person, while the weapon | ||||||
35 | is loaded, in which
case it shall be a Class X felony. A person | ||||||
36 | convicted of a
second or subsequent violation of subsection |
| |||||||
| |||||||
1 | 24-1(a)(4), 24-1(a)(8),
24-1(a)(9), or
24-1(a)(10) commits a | ||||||
2 | Class 3 felony.
| ||||||
3 | (c) Violations in specific places.
| ||||||
4 | (1) A person who violates subsection 24-1(a)(6) or | ||||||
5 | 24-1(a)(7) in any
school, regardless of the time of day or | ||||||
6 | the time of year, in residential
property owned, operated | ||||||
7 | or managed by a public housing agency or
leased by
a public | ||||||
8 | housing agency as part of a scattered site or mixed-income
| ||||||
9 | development, in a
public park, in a courthouse, on the real | ||||||
10 | property comprising any school,
regardless of the
time of | ||||||
11 | day or the time of year, on residential property owned, | ||||||
12 | operated
or
managed by a public housing agency
or leased by | ||||||
13 | a public housing agency as part of a scattered site or
| ||||||
14 | mixed-income development,
on the real property comprising | ||||||
15 | any
public park, on the real property comprising any | ||||||
16 | courthouse, in any conveyance
owned, leased or contracted | ||||||
17 | by a school to
transport students to or from school or a | ||||||
18 | school related activity, or on any
public way within 1,000 | ||||||
19 | feet of the real property comprising any school,
public | ||||||
20 | park, courthouse, or residential property owned, operated, | ||||||
21 | or managed
by a public housing agency
or leased by a public | ||||||
22 | housing agency as part of a scattered site or
mixed-income | ||||||
23 | development
commits a Class 2 felony and shall be sentenced | ||||||
24 | to a term of imprisonment of not less than 3 years and not | ||||||
25 | more than 7 years .
| ||||||
26 | (1.5) A person who violates subsection 24-1(a)(4), | ||||||
27 | 24-1(a)(9), or
24-1(a)(10) in any school, regardless of the | ||||||
28 | time of day or the time of year,
in residential property | ||||||
29 | owned, operated, or managed by a public
housing
agency
or | ||||||
30 | leased by a public housing agency as part of a scattered | ||||||
31 | site or
mixed-income development,
in
a public
park, in a | ||||||
32 | courthouse, on the real property comprising any school, | ||||||
33 | regardless
of the time of day or the time of year, on | ||||||
34 | residential property owned,
operated, or managed by a | ||||||
35 | public housing agency
or leased by a public housing agency | ||||||
36 | as part of a scattered site or
mixed-income development,
on |
| |||||||
| |||||||
1 | the real property
comprising any public park, on the real | ||||||
2 | property comprising any courthouse, in
any conveyance | ||||||
3 | owned, leased, or contracted by a school to transport | ||||||
4 | students
to or from school or a school related activity, or | ||||||
5 | on any public way within
1,000 feet of the real property | ||||||
6 | comprising any school, public park, courthouse,
or | ||||||
7 | residential property owned, operated, or managed by a | ||||||
8 | public
housing agency
or leased by a public housing agency | ||||||
9 | as part of a scattered site or
mixed-income development
| ||||||
10 | commits a Class 3 felony.
| ||||||
11 | (2) A person who violates subsection 24-1(a)(1), | ||||||
12 | 24-1(a)(2), or
24-1(a)(3)
in any school, regardless of the | ||||||
13 | time of day or the time of year, in
residential property | ||||||
14 | owned, operated or managed by a public housing
agency
or | ||||||
15 | leased by a public housing agency as part of a scattered | ||||||
16 | site or
mixed-income development,
in
a public park, in a | ||||||
17 | courthouse, on the real property comprising any school,
| ||||||
18 | regardless of the time of day or the time of year, on | ||||||
19 | residential property
owned, operated or managed by a public | ||||||
20 | housing agency
or leased by a public housing agency as part | ||||||
21 | of a scattered site or
mixed-income development,
on the | ||||||
22 | real property
comprising any public park, on the real | ||||||
23 | property comprising any courthouse, in
any conveyance | ||||||
24 | owned, leased or contracted by a school to transport | ||||||
25 | students
to or from school or a school related activity, or | ||||||
26 | on any public way within
1,000 feet of the real property | ||||||
27 | comprising any school, public park, courthouse,
or | ||||||
28 | residential property owned, operated, or managed by a | ||||||
29 | public
housing agency or leased by a public housing agency | ||||||
30 | as part of a scattered
site or mixed-income development | ||||||
31 | commits a Class 4 felony. "Courthouse"
means any building | ||||||
32 | that is used by the Circuit, Appellate, or Supreme Court of
| ||||||
33 | this State for the conduct of official business.
| ||||||
34 | (3) Paragraphs (1), (1.5), and (2) of this subsection | ||||||
35 | (c) shall not
apply to law
enforcement officers or security | ||||||
36 | officers of such school, college, or
university or to |
| |||||||
| |||||||
1 | students carrying or possessing firearms for use in | ||||||
2 | training
courses, parades, hunting, target shooting on | ||||||
3 | school ranges, or otherwise with
the consent of school | ||||||
4 | authorities and which firearms are transported unloaded
| ||||||
5 | enclosed in a suitable case, box, or transportation | ||||||
6 | package.
| ||||||
7 | (4) For the purposes of this subsection (c), "school" | ||||||
8 | means any public or
private elementary or secondary school, | ||||||
9 | community college, college, or
university.
| ||||||
10 | (d) The presence in an automobile other than a public | ||||||
11 | omnibus of any
weapon, instrument or substance referred to in | ||||||
12 | subsection (a)(7) is
prima facie evidence that it is in the | ||||||
13 | possession of, and is being
carried by, all persons occupying | ||||||
14 | such automobile at the time such
weapon, instrument or | ||||||
15 | substance is found, except under the following
circumstances: | ||||||
16 | (i) if such weapon, instrument or instrumentality is
found upon | ||||||
17 | the person of one of the occupants therein; or (ii) if such
| ||||||
18 | weapon, instrument or substance is found in an automobile | ||||||
19 | operated for
hire by a duly licensed driver in the due, lawful | ||||||
20 | and proper pursuit of
his trade, then such presumption shall | ||||||
21 | not apply to the driver.
| ||||||
22 | (e) Exemptions. Crossbows, Common or Compound bows and | ||||||
23 | Underwater
Spearguns are exempted from the definition of | ||||||
24 | ballistic knife as defined in
paragraph (1) of subsection (a) | ||||||
25 | of this Section.
| ||||||
26 | (Source: P.A. 90-686, eff. 1-1-99; 91-673, eff. 12-22-99; | ||||||
27 | 91-690, eff. 4-13-00.)
| ||||||
28 | (720 ILCS 5/24-1.1) (from Ch. 38, par. 24-1.1)
| ||||||
29 | Sec. 24-1.1. Unlawful Use or Possession of Weapons by | ||||||
30 | Felons or
Persons in the Custody of the
Department of | ||||||
31 | Corrections Facilities.
| ||||||
32 | (a) It is unlawful
for a person to knowingly possess on or | ||||||
33 | about his person or on his land or
in his own abode or fixed | ||||||
34 | place of business any weapon prohibited under
Section 24-1 of | ||||||
35 | this Act or any firearm or any firearm ammunition if the
person |
| |||||||
| |||||||
1 | has been convicted of a felony under the laws of this State or | ||||||
2 | any
other jurisdiction. This Section shall not apply if the | ||||||
3 | person has been
granted relief by the Director of the | ||||||
4 | Department of State Police
under Section 10 of the Firearm | ||||||
5 | Owners Identification
Card Act.
| ||||||
6 | (b) It is unlawful for any person confined in a penal | ||||||
7 | institution,
which is a facility of the Illinois Department of | ||||||
8 | Corrections, to possess
any weapon prohibited under Section | ||||||
9 | 24-1 of this Code or any firearm or
firearm ammunition, | ||||||
10 | regardless of the intent with which he possesses it.
| ||||||
11 | (c) It shall be an affirmative defense to a violation of | ||||||
12 | subsection (b), that such possession was specifically | ||||||
13 | authorized by rule,
regulation, or directive of the Illinois | ||||||
14 | Department of Corrections or order
issued pursuant thereto.
| ||||||
15 | (d) The defense of necessity is not available to a person | ||||||
16 | who is charged
with a violation of subsection (b) of this | ||||||
17 | Section.
| ||||||
18 | (e) Sentence. Violation of this Section by a person not | ||||||
19 | confined
in a penal institution shall be a Class 3 felony
for | ||||||
20 | which the person, if sentenced
to a term of imprisonment, shall | ||||||
21 | be sentenced to no less than 2 years and no
more than 10 years | ||||||
22 | and any second or subsequent violation shall be a Class 2 | ||||||
23 | felony for which the person shall be sentenced to a term of | ||||||
24 | imprisonment of not less than 3 years and not more than 14 | ||||||
25 | years . Violation of this Section by a person not confined in a
| ||||||
26 | penal institution who has been convicted of a forcible felony, | ||||||
27 | a felony
violation of Article 24 of this Code or of the Firearm | ||||||
28 | Owners Identification
Card Act, stalking or aggravated | ||||||
29 | stalking, or a Class 2 or greater felony
under the Illinois | ||||||
30 | Controlled Substances Act or the Cannabis Control Act is a
| ||||||
31 | Class 2 felony for which the person , if sentenced to a term of | ||||||
32 | imprisonment,
shall be sentenced to not less than 3 years and | ||||||
33 | not more than 14 years.
Violation of this Section by a person | ||||||
34 | who is on parole or mandatory supervised
release is a Class 2 | ||||||
35 | felony for which the person, if sentenced to a term of
| ||||||
36 | imprisonment, shall be sentenced to not less than 3 years and |
| |||||||
| |||||||
1 | not more than 14
years. Violation of this Section by a person | ||||||
2 | not confined in a penal
institution is a Class X felony when | ||||||
3 | the firearm possessed is a machine gun.
Any person who violates | ||||||
4 | this Section while confined in a penal
institution, which is a | ||||||
5 | facility of the Illinois Department of
Corrections, is guilty | ||||||
6 | of a Class 1
felony, if he possesses any weapon prohibited | ||||||
7 | under Section 24-1 of this
Code regardless of the intent with | ||||||
8 | which he possesses it, a Class X
felony if he possesses any | ||||||
9 | firearm, firearm ammunition or explosive, and a
Class X felony | ||||||
10 | for which the offender shall be sentenced to not less than 12
| ||||||
11 | years and not more than 50 years when the firearm possessed is | ||||||
12 | a machine
gun.
| ||||||
13 | (Source: P.A. 91-544, eff. 1-1-00.)
| ||||||
14 | (720 ILCS 5/24-1.6)
| ||||||
15 | Sec. 24-1.6. Aggravated unlawful use of a weapon.
| ||||||
16 | (a) A person commits the offense of aggravated unlawful use | ||||||
17 | of a weapon when
he or she knowingly:
| ||||||
18 | (1) Carries on or about his or her person or in any | ||||||
19 | vehicle or concealed
on or about his or her person except | ||||||
20 | when on his or her land or in his or her
abode or fixed | ||||||
21 | place of business any pistol, revolver, stun gun or taser | ||||||
22 | or
other firearm; or
| ||||||
23 | (2) Carries or possesses on or about his or her person, | ||||||
24 | upon any public
street, alley, or other public lands within | ||||||
25 | the corporate limits of a city,
village or incorporated | ||||||
26 | town, except when an invitee thereon or therein, for
the | ||||||
27 | purpose of the display of such weapon or the lawful | ||||||
28 | commerce in weapons, or
except when on his or her own land | ||||||
29 | or in his or her own abode or fixed place of
business, any | ||||||
30 | pistol, revolver, stun gun or taser or other firearm; and
| ||||||
31 | (3) One of the following factors is present:
| ||||||
32 | (A) the firearm possessed was uncased, loaded and | ||||||
33 | immediately accessible
at the time of the offense; or
| ||||||
34 | (B) the firearm possessed was uncased, unloaded | ||||||
35 | and the ammunition for
the weapon was immediately |
| |||||||
| |||||||
1 | accessible at the time of the offense; or
| ||||||
2 | (C) the person possessing the firearm has not been | ||||||
3 | issued a currently
valid Firearm Owner's | ||||||
4 | Identification Card; or
| ||||||
5 | (D) the person possessing the weapon was | ||||||
6 | previously adjudicated
a delinquent minor under the | ||||||
7 | Juvenile Court Act of 1987 for an act that if
committed | ||||||
8 | by an adult would be a felony; or
| ||||||
9 | (E) the person possessing the weapon was engaged in | ||||||
10 | a misdemeanor
violation of the Cannabis
Control Act or | ||||||
11 | in a misdemeanor violation of the Illinois Controlled | ||||||
12 | Substances
Act; or
| ||||||
13 | (F) the person possessing the weapon is a member of | ||||||
14 | a
street gang or is engaged in street gang related | ||||||
15 | activity, as defined in
Section 10 of the Illinois | ||||||
16 | Streetgang Terrorism Omnibus Prevention Act; or
| ||||||
17 | (G) the person possessing the weapon had a order of | ||||||
18 | protection issued
against him or her within the | ||||||
19 | previous 2 years; or
| ||||||
20 | (H) the person possessing the weapon was engaged in | ||||||
21 | the commission or
attempted commission of
a | ||||||
22 | misdemeanor involving the use or threat of violence | ||||||
23 | against
the person or property of another; or
| ||||||
24 | (I) the person possessing the weapon was under 21 | ||||||
25 | years of age and in
possession of a handgun as defined | ||||||
26 | in Section 24-3, unless the person under 21
is engaged | ||||||
27 | in lawful activities under the Wildlife Code or | ||||||
28 | described in
subsection 24-2(b)(1), (b)(3), or | ||||||
29 | 24-2(f).
| ||||||
30 | (b) "Stun gun or taser" as used in this Section has the | ||||||
31 | same definition
given to it in Section 24-1 of this Code.
| ||||||
32 | (c) This Section does not apply to or affect the | ||||||
33 | transportation or
possession
of weapons that:
| ||||||
34 | (i) are broken down in a non-functioning state; or
| ||||||
35 | (ii) are not immediately accessible; or
| ||||||
36 | (iii) are unloaded and enclosed in a case, firearm |
| |||||||
| |||||||
1 | carrying box,
shipping box, or other container by a | ||||||
2 | person who has been issued a currently
valid Firearm | ||||||
3 | Owner's
Identification Card.
| ||||||
4 | (d) Sentence. Aggravated unlawful use of a weapon is a | ||||||
5 | Class 4 felony;
a second or subsequent offense is a Class 2 | ||||||
6 | felony for which the person shall be sentenced to a term of | ||||||
7 | imprisonment of not less than 3 years and not more than 7 | ||||||
8 | years . Aggravated unlawful use of
a weapon by a person who has | ||||||
9 | been previously
convicted of a felony in this State or another | ||||||
10 | jurisdiction is a Class 2
felony for which the person shall be | ||||||
11 | sentenced to a term of imprisonment of not less than 3 years | ||||||
12 | and not more than 7 years .
| ||||||
13 | (Source: P.A. 91-690, eff. 4-13-00.)
| ||||||
14 | Section 10. The Unified Code of Corrections is amended by | ||||||
15 | changing Section 5-5-3 as follows:
| ||||||
16 | (730 ILCS 5/5-5-3) (from Ch. 38, par. 1005-5-3)
| ||||||
17 | Sec. 5-5-3. Disposition.
| ||||||
18 | (a) Every person convicted of an offense shall be sentenced | ||||||
19 | as provided
in this Section.
| ||||||
20 | (b) The following options shall be appropriate | ||||||
21 | dispositions, alone
or in combination, for all felonies and | ||||||
22 | misdemeanors other than those
identified in subsection (c) of | ||||||
23 | this Section:
| ||||||
24 | (1) A period of probation.
| ||||||
25 | (2) A term of periodic imprisonment.
| ||||||
26 | (3) A term of conditional discharge.
| ||||||
27 | (4) A term of imprisonment.
| ||||||
28 | (5) An order directing the offender to clean up and | ||||||
29 | repair the
damage, if the offender was convicted under | ||||||
30 | paragraph (h) of Section
21-1 of the Criminal Code of 1961 | ||||||
31 | (now repealed) .
| ||||||
32 | (6) A fine.
| ||||||
33 | (7) An order directing the offender to make restitution | ||||||
34 | to the
victim under Section 5-5-6 of this Code.
|
| |||||||
| |||||||
1 | (8) A sentence of participation in a county impact | ||||||
2 | incarceration
program under Section 5-8-1.2 of this Code.
| ||||||
3 | Whenever an individual is sentenced for an offense based | ||||||
4 | upon an
arrest for a violation of Section 11-501 of the | ||||||
5 | Illinois Vehicle Code, or a
similar provision of a local | ||||||
6 | ordinance, and the professional evaluation
recommends remedial | ||||||
7 | or rehabilitative treatment or education, neither the
| ||||||
8 | treatment nor the education shall be the sole disposition and | ||||||
9 | either or
both may be imposed only in conjunction with another | ||||||
10 | disposition.
The court shall monitor compliance with any | ||||||
11 | remedial education or treatment
recommendations contained in | ||||||
12 | the professional evaluation. Programs
conducting alcohol or | ||||||
13 | other drug evaluation or remedial education must be
licensed by | ||||||
14 | the Department of Human Services. However,
if the individual is | ||||||
15 | not a resident of Illinois, the court may accept an
alcohol or | ||||||
16 | other drug evaluation or remedial education program in the | ||||||
17 | state
of such individual's residence. Programs providing | ||||||
18 | treatment must be
licensed under existing applicable | ||||||
19 | alcoholism and drug treatment licensure
standards.
| ||||||
20 | In addition to any other fine or penalty required by law, | ||||||
21 | any
individual convicted of a violation of Section 11-501 of | ||||||
22 | the Illinois
Vehicle Code, Section 5-7 of the Snowmobile | ||||||
23 | Registration and Safety Act,
Section 5-16 of the Boat | ||||||
24 | Registration and Safety Act, or a similar provision of
local | ||||||
25 | ordinance, whose operation of
a motor vehicle while in | ||||||
26 | violation of Section 11-501, Section 5-7, Section
5-16, or such | ||||||
27 | ordinance
proximately caused an incident resulting in an | ||||||
28 | appropriate emergency
response, shall be required to make | ||||||
29 | restitution to a public agency for the
costs of that emergency | ||||||
30 | response. Such restitution shall not exceed $1,000 per
public | ||||||
31 | agency for each such emergency response. For the purpose
of
| ||||||
32 | this paragraph, emergency response shall mean any incident | ||||||
33 | requiring a response
by: a police officer as defined under | ||||||
34 | Section 1-162 of the Illinois Vehicle
Code; a fireman carried | ||||||
35 | on the rolls of a regularly constituted fire
department; and an | ||||||
36 | ambulance as defined under Section 3.85 of the
Emergency |
| |||||||
| |||||||
1 | Medical Services (EMS) Systems Act.
| ||||||
2 | Neither a fine nor restitution shall be the sole | ||||||
3 | disposition
for a felony and either or both may be imposed only | ||||||
4 | in conjunction with
another disposition.
| ||||||
5 | (c) (1) When a defendant is found guilty of first degree | ||||||
6 | murder the
State may either seek a sentence of imprisonment | ||||||
7 | under Section 5-8-1 of
this Code, or where appropriate seek | ||||||
8 | a sentence of death under Section 9-1
of the Criminal Code | ||||||
9 | of 1961.
| ||||||
10 | (2) A period of probation, a term of periodic | ||||||
11 | imprisonment or
conditional discharge shall not be imposed | ||||||
12 | for the following offenses.
The court shall sentence the | ||||||
13 | offender to not less than the minimum term
of imprisonment | ||||||
14 | set forth in this Code for the following offenses, and
may | ||||||
15 | order a fine or restitution or both in conjunction with | ||||||
16 | such term of
imprisonment:
| ||||||
17 | (A) First degree murder where the death penalty is | ||||||
18 | not imposed.
| ||||||
19 | (B) Attempted first degree murder.
| ||||||
20 | (C) A Class X felony.
| ||||||
21 | (D) A violation of Section 401.1 or 407 of the
| ||||||
22 | Illinois Controlled Substances Act, or a violation of | ||||||
23 | subdivision (c)(1) or
(c)(2) of
Section 401 of that Act | ||||||
24 | which relates to more than 5 grams of a substance
| ||||||
25 | containing heroin or cocaine or an analog thereof.
| ||||||
26 | (E) A violation of Section 5.1 or 9 of the Cannabis | ||||||
27 | Control
Act.
| ||||||
28 | (F) A Class 2 or greater felony if the offender had | ||||||
29 | been convicted
of a Class 2 or greater felony within 10 | ||||||
30 | years of the date on which the
offender
committed the | ||||||
31 | offense for which he or she is being sentenced, except | ||||||
32 | as
otherwise provided in Section 40-10 of the | ||||||
33 | Alcoholism and Other Drug Abuse and
Dependency Act. | ||||||
34 | (F-5) A violation of Section 24-1, 24-1.1, or | ||||||
35 | 24-1.6 of the Criminal Code of 1961 for which | ||||||
36 | imprisonment is prescribed in those Sections.
|
| |||||||
| |||||||
1 | (G) Residential burglary, except as otherwise | ||||||
2 | provided in Section 40-10
of the Alcoholism and Other | ||||||
3 | Drug Abuse and Dependency Act.
| ||||||
4 | (H) Criminal sexual assault.
| ||||||
5 | (I) Aggravated battery of a senior citizen.
| ||||||
6 | (J) A forcible felony if the offense was related to | ||||||
7 | the activities of an
organized gang.
| ||||||
8 | Before July 1, 1994, for the purposes of this | ||||||
9 | paragraph, "organized
gang" means an association of 5 | ||||||
10 | or more persons, with an established hierarchy,
that | ||||||
11 | encourages members of the association to perpetrate | ||||||
12 | crimes or provides
support to the members of the | ||||||
13 | association who do commit crimes.
| ||||||
14 | Beginning July 1, 1994, for the purposes of this | ||||||
15 | paragraph,
"organized gang" has the meaning ascribed | ||||||
16 | to it in Section 10 of the Illinois
Streetgang | ||||||
17 | Terrorism Omnibus Prevention Act.
| ||||||
18 | (K) Vehicular hijacking.
| ||||||
19 | (L) A second or subsequent conviction for the | ||||||
20 | offense of hate crime
when the underlying offense upon | ||||||
21 | which the hate crime is based is felony
aggravated
| ||||||
22 | assault or felony mob action.
| ||||||
23 | (M) A second or subsequent conviction for the | ||||||
24 | offense of institutional
vandalism if the damage to the | ||||||
25 | property exceeds $300.
| ||||||
26 | (N) A Class 3 felony violation of paragraph (1) of | ||||||
27 | subsection (a) of
Section 2 of the Firearm Owners | ||||||
28 | Identification Card Act.
| ||||||
29 | (O) A violation of Section 12-6.1 of the Criminal | ||||||
30 | Code of 1961.
| ||||||
31 | (P) A violation of paragraph (1), (2), (3), (4), | ||||||
32 | (5), or (7) of
subsection (a)
of Section 11-20.1 of the | ||||||
33 | Criminal Code of 1961.
| ||||||
34 | (Q) A violation of Section 20-1.2 or 20-1.3 of the | ||||||
35 | Criminal Code of
1961.
| ||||||
36 | (R) A violation of Section 24-3A of the Criminal |
| |||||||
| |||||||
1 | Code of
1961.
| ||||||
2 | (S) A violation of Section 11-501(c-1)(3) of the | ||||||
3 | Illinois Vehicle
Code.
| ||||||
4 | (T) A second or subsequent violation of paragraph | ||||||
5 | (6.6) of subsection
(a), subsection (c-5), or | ||||||
6 | subsection (d-5) of Section 401 of the Illinois
| ||||||
7 | Controlled Substances Act.
| ||||||
8 | (3) A minimum term of imprisonment of not less than 5 | ||||||
9 | days
or 30 days of community service as may be determined | ||||||
10 | by the
court shall
be imposed for a second violation | ||||||
11 | committed within 5 years
of a previous violation of Section | ||||||
12 | 11-501 of the Illinois Vehicle Code or
a similar provision | ||||||
13 | of a local ordinance.
In the case of a third or
subsequent | ||||||
14 | violation committed within 5 years of a previous violation | ||||||
15 | of
Section 11-501 of the Illinois Vehicle Code or a similar | ||||||
16 | provision of a local
ordinance, a minimum term of either 10 | ||||||
17 | days of imprisonment or 60 days of
community service shall | ||||||
18 | be imposed.
| ||||||
19 | (4) A minimum term of imprisonment of not less than 10
| ||||||
20 | consecutive days or 30 days of community service shall be | ||||||
21 | imposed for a
violation of paragraph (c) of Section 6-303 | ||||||
22 | of the Illinois Vehicle Code.
| ||||||
23 | (4.1) A minimum term of 30 consecutive days of | ||||||
24 | imprisonment,
40 days of 24 hour periodic imprisonment or | ||||||
25 | 720 hours of community
service, as may be determined by the | ||||||
26 | court, shall be imposed for a violation of
Section 11-501 | ||||||
27 | of the Illinois Vehicle Code during a period in which the
| ||||||
28 | defendant's driving privileges are revoked or suspended,
| ||||||
29 | where the revocation or suspension was for a
violation of | ||||||
30 | Section
11-501 or Section 11-501.1 of that Code.
| ||||||
31 | (4.2) Except as provided in paragraph (4.3) of this | ||||||
32 | subsection (c), a
minimum of
100 hours of community service | ||||||
33 | shall be imposed for a second violation of
Section 6-303
of | ||||||
34 | the Illinois Vehicle Code.
| ||||||
35 | (4.3) A minimum term of imprisonment of 30 days or 300 | ||||||
36 | hours of community
service, as determined by the court, |
| |||||||
| |||||||
1 | shall
be imposed for a second violation of subsection (c) | ||||||
2 | of Section 6-303 of the
Illinois Vehicle Code.
| ||||||
3 | (4.4) Except as provided in paragraph (4.5) and | ||||||
4 | paragraph (4.6) of this
subsection (c), a
minimum term of | ||||||
5 | imprisonment of 30 days or 300 hours of community service, | ||||||
6 | as
determined by the court, shall
be imposed
for a third or | ||||||
7 | subsequent violation of Section 6-303 of the Illinois | ||||||
8 | Vehicle
Code.
| ||||||
9 | (4.5) A minimum term of imprisonment of 30 days
shall | ||||||
10 | be imposed for a third violation of subsection (c) of
| ||||||
11 | Section 6-303 of the Illinois Vehicle Code.
| ||||||
12 | (4.6) A minimum term of imprisonment of 180 days shall | ||||||
13 | be imposed for a
fourth or subsequent violation of | ||||||
14 | subsection (c) of Section 6-303 of the
Illinois Vehicle | ||||||
15 | Code.
| ||||||
16 | (5) The court may sentence an offender convicted of a | ||||||
17 | business
offense or a petty offense or a corporation or | ||||||
18 | unincorporated
association convicted of any offense to:
| ||||||
19 | (A) a period of conditional discharge;
| ||||||
20 | (B) a fine;
| ||||||
21 | (C) make restitution to the victim under Section | ||||||
22 | 5-5-6 of this Code.
| ||||||
23 | (5.1) In addition to any penalties imposed under | ||||||
24 | paragraph (5) of this
subsection (c), and except as | ||||||
25 | provided in paragraph (5.2) or (5.3), a person
convicted of | ||||||
26 | violating subsection (c) of Section 11-907 of the Illinois
| ||||||
27 | Vehicle Code shall have his or her driver's license, | ||||||
28 | permit, or privileges
suspended for at least 90 days but | ||||||
29 | not more than one year, if the violation
resulted in damage | ||||||
30 | to the property of another person.
| ||||||
31 | (5.2) In addition to any penalties imposed under | ||||||
32 | paragraph (5) of this
subsection (c), and except as | ||||||
33 | provided in paragraph (5.3), a person convicted
of | ||||||
34 | violating subsection (c) of Section 11-907 of the Illinois | ||||||
35 | Vehicle Code
shall have his or her driver's license, | ||||||
36 | permit, or privileges suspended for at
least 180 days but |
| |||||||
| |||||||
1 | not more than 2 years, if the violation resulted in injury
| ||||||
2 | to
another person.
| ||||||
3 | (5.3) In addition to any penalties imposed under | ||||||
4 | paragraph (5) of
this
subsection (c), a person convicted of | ||||||
5 | violating subsection (c) of Section
11-907 of the Illinois | ||||||
6 | Vehicle Code shall have his or her driver's license,
| ||||||
7 | permit, or privileges suspended for 2 years, if the | ||||||
8 | violation resulted in the
death of another person.
| ||||||
9 | (6) In no case shall an offender be eligible for a | ||||||
10 | disposition of
probation or conditional discharge for a | ||||||
11 | Class 1 felony committed while
he was serving a term of | ||||||
12 | probation or conditional discharge for a felony.
| ||||||
13 | (7) When a defendant is adjudged a habitual criminal | ||||||
14 | under Article
33B of the Criminal Code of 1961, the court | ||||||
15 | shall sentence
the defendant to a term of natural life | ||||||
16 | imprisonment.
| ||||||
17 | (8) When a defendant, over the age of 21 years, is | ||||||
18 | convicted of a
Class 1 or Class 2 felony, after having | ||||||
19 | twice been convicted
in any state or
federal court of an | ||||||
20 | offense that contains the same elements as an offense now
| ||||||
21 | classified in Illinois as a Class 2 or greater Class felony
| ||||||
22 | and such charges are
separately brought and tried and arise | ||||||
23 | out of different series of acts,
such defendant shall be | ||||||
24 | sentenced as a Class X offender. This paragraph
shall not | ||||||
25 | apply unless (1) the first felony was committed after the
| ||||||
26 | effective date of this amendatory Act of 1977; and (2) the | ||||||
27 | second felony
was committed after conviction on the first; | ||||||
28 | and (3) the third felony
was committed after conviction on | ||||||
29 | the second.
A person sentenced as a Class X offender under | ||||||
30 | this paragraph is not
eligible to apply for treatment as a | ||||||
31 | condition of probation as provided by
Section 40-10 of the | ||||||
32 | Alcoholism and Other Drug Abuse and Dependency Act.
| ||||||
33 | (9) A defendant convicted of a second or subsequent | ||||||
34 | offense of ritualized
abuse of a child may be sentenced to | ||||||
35 | a term of natural life imprisonment.
| ||||||
36 | (10) When a person is convicted of violating Section |
| |||||||
| |||||||
1 | 11-501 of the
Illinois
Vehicle Code or a similar provision | ||||||
2 | of a local ordinance, the following
penalties apply when | ||||||
3 | his or her blood,
breath, or urine was .16 or more based on | ||||||
4 | the definition of blood, breath, or
urine units in
Section | ||||||
5 | 11-501.2
or that person is convicted of violating Section | ||||||
6 | 11-501 of the Illinois Vehicle
Code while
transporting a | ||||||
7 | child under the age of 16:
| ||||||
8 | (A) For a first 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 | a
mandatory
minimum of
100 hours of community
service | ||||||
12 | and a minimum fine of
$500.
| ||||||
13 | (B) For a second violation of subsection (a) of | ||||||
14 | Section 11-501, in
addition to any other penalty that | ||||||
15 | may be imposed under subsection (c) of
Section 11-501 | ||||||
16 | within 10
years: a
mandatory minimum of 2
days of | ||||||
17 | imprisonment
and a minimum fine of $1,250.
| ||||||
18 | (C) For a third violation of subsection (a) of | ||||||
19 | Section 11-501, in
addition to any other penalty that | ||||||
20 | may be imposed under subsection (c) of
Section 11-501 | ||||||
21 | within 20
years: a
mandatory
minimum of 90 days of | ||||||
22 | imprisonment and a minimum
fine of $2,500.
| ||||||
23 | (D) For a fourth or subsequent violation of | ||||||
24 | subsection (a) of Section
11-501: ineligibility for a | ||||||
25 | sentence
of probation or conditional discharge and a | ||||||
26 | minimum
fine of $2,500.
| ||||||
27 | (d) In any case in which a sentence originally imposed is | ||||||
28 | vacated,
the case shall be remanded to the trial court. The | ||||||
29 | trial court shall
hold a hearing under Section 5-4-1 of the | ||||||
30 | Unified Code of Corrections
which may include evidence of the | ||||||
31 | defendant's life, moral character and
occupation during the | ||||||
32 | time since the original sentence was passed. The
trial court | ||||||
33 | shall then impose sentence upon the defendant. The trial
court | ||||||
34 | may impose any sentence which could have been imposed at the
| ||||||
35 | original trial subject to Section 5-5-4 of the Unified Code of | ||||||
36 | Corrections.
If a sentence is vacated on appeal or on |
| |||||||
| |||||||
1 | collateral attack due to the
failure of the trier of fact at | ||||||
2 | trial to determine beyond a reasonable doubt
the
existence of a | ||||||
3 | fact (other than a prior conviction) necessary to increase the
| ||||||
4 | punishment for the offense beyond the statutory maximum | ||||||
5 | otherwise applicable,
either the defendant may be re-sentenced | ||||||
6 | to a term within the range otherwise
provided or, if the State | ||||||
7 | files notice of its intention to again seek the
extended | ||||||
8 | sentence, the defendant shall be afforded a new trial.
| ||||||
9 | (e) In cases where prosecution for
aggravated criminal | ||||||
10 | sexual abuse under Section 12-16 of the
Criminal Code of 1961 | ||||||
11 | results in conviction of a defendant
who was a family member of | ||||||
12 | the victim at the time of the commission of the
offense, the | ||||||
13 | court shall consider the safety and welfare of the victim and
| ||||||
14 | may impose a sentence of probation only where:
| ||||||
15 | (1) the court finds (A) or (B) or both are appropriate:
| ||||||
16 | (A) the defendant is willing to undergo a court | ||||||
17 | approved counseling
program for a minimum duration of 2 | ||||||
18 | years; or
| ||||||
19 | (B) the defendant is willing to participate in a | ||||||
20 | court approved plan
including but not limited to the | ||||||
21 | defendant's:
| ||||||
22 | (i) removal from the household;
| ||||||
23 | (ii) restricted contact with the victim;
| ||||||
24 | (iii) continued financial support of the | ||||||
25 | family;
| ||||||
26 | (iv) restitution for harm done to the victim; | ||||||
27 | and
| ||||||
28 | (v) compliance with any other measures that | ||||||
29 | the court may
deem appropriate; and
| ||||||
30 | (2) the court orders the defendant to pay for the | ||||||
31 | victim's counseling
services, to the extent that the court | ||||||
32 | finds, after considering the
defendant's income and | ||||||
33 | assets, that the defendant is financially capable of
paying | ||||||
34 | for such services, if the victim was under 18 years of age | ||||||
35 | at the
time the offense was committed and requires | ||||||
36 | counseling as a result of the
offense.
|
| |||||||
| |||||||
1 | Probation may be revoked or modified pursuant to Section | ||||||
2 | 5-6-4; except
where the court determines at the hearing that | ||||||
3 | the defendant violated a
condition of his or her probation | ||||||
4 | restricting contact with the victim or
other family members or | ||||||
5 | commits another offense with the victim or other
family | ||||||
6 | members, the court shall revoke the defendant's probation and
| ||||||
7 | impose a term of imprisonment.
| ||||||
8 | For the purposes of this Section, "family member" and | ||||||
9 | "victim" shall have
the meanings ascribed to them in Section | ||||||
10 | 12-12 of the Criminal Code of
1961.
| ||||||
11 | (f) This Article shall not deprive a court in other | ||||||
12 | proceedings to
order a forfeiture of property, to suspend or | ||||||
13 | cancel a license, to
remove a person from office, or to impose | ||||||
14 | any other civil penalty.
| ||||||
15 | (g) Whenever a defendant is convicted of an offense under | ||||||
16 | Sections
11-14, 11-15, 11-15.1, 11-16, 11-17, 11-18, 11-18.1, | ||||||
17 | 11-19, 11-19.1, 11-19.2,
12-13, 12-14, 12-14.1, 12-15 or 12-16 | ||||||
18 | of the Criminal Code of 1961,
the defendant shall undergo | ||||||
19 | medical testing to
determine whether the defendant has any | ||||||
20 | sexually transmissible disease,
including a test for infection | ||||||
21 | with human immunodeficiency virus (HIV) or
any other identified | ||||||
22 | causative agent of acquired immunodeficiency syndrome
(AIDS). | ||||||
23 | Any such medical test shall be performed only by appropriately
| ||||||
24 | licensed medical practitioners and may include an analysis of | ||||||
25 | any bodily
fluids as well as an examination of the defendant's | ||||||
26 | person.
Except as otherwise provided by law, the results of | ||||||
27 | such test shall be kept
strictly confidential by all medical | ||||||
28 | personnel involved in the testing and must
be personally | ||||||
29 | delivered in a sealed envelope to the judge of the court in | ||||||
30 | which
the conviction was entered for the judge's inspection in | ||||||
31 | camera. Acting in
accordance with the best interests of the | ||||||
32 | victim and the public, the judge
shall have the discretion to | ||||||
33 | determine to whom, if anyone, the results of the
testing may be | ||||||
34 | revealed. The court shall notify the defendant
of the test | ||||||
35 | results. The court shall
also notify the victim if requested by | ||||||
36 | the victim, and if the victim is under
the age of 15 and if |
| |||||||
| |||||||
1 | requested by the victim's parents or legal guardian, the
court | ||||||
2 | shall notify the victim's parents or legal guardian of the test
| ||||||
3 | results.
The court shall provide information on the | ||||||
4 | availability of HIV testing
and counseling at Department of | ||||||
5 | Public Health facilities to all parties to
whom the results of | ||||||
6 | the testing are revealed and shall direct the State's
Attorney | ||||||
7 | to provide the information to the victim when possible.
A | ||||||
8 | State's Attorney may petition the court to obtain the results | ||||||
9 | of any HIV test
administered under this Section, and the court | ||||||
10 | shall grant the disclosure if
the State's Attorney shows it is | ||||||
11 | relevant in order to prosecute a charge of
criminal | ||||||
12 | transmission of HIV under Section 12-16.2 of the Criminal Code | ||||||
13 | of 1961
against the defendant. The court shall order that the | ||||||
14 | cost of any such test
shall be paid by the county and may be | ||||||
15 | taxed as costs against the convicted
defendant.
| ||||||
16 | (g-5) When an inmate is tested for an airborne communicable | ||||||
17 | disease, as
determined by the Illinois Department of Public | ||||||
18 | Health including but not
limited to tuberculosis, the results | ||||||
19 | of the test shall be
personally delivered by the warden or his | ||||||
20 | or her designee in a sealed envelope
to the judge of the court | ||||||
21 | in which the inmate must appear for the judge's
inspection in | ||||||
22 | camera if requested by the judge. Acting in accordance with the
| ||||||
23 | best interests of those in the courtroom, the judge shall have | ||||||
24 | the discretion
to determine what if any precautions need to be | ||||||
25 | taken to prevent transmission
of the disease in the courtroom.
| ||||||
26 | (h) Whenever a defendant is convicted of an offense under | ||||||
27 | Section 1 or 2
of the Hypodermic Syringes and Needles Act, the | ||||||
28 | defendant shall undergo
medical testing to determine whether | ||||||
29 | the defendant has been exposed to human
immunodeficiency virus | ||||||
30 | (HIV) or any other identified causative agent of
acquired | ||||||
31 | immunodeficiency syndrome (AIDS). Except as otherwise provided | ||||||
32 | by
law, the results of such test shall be kept strictly | ||||||
33 | confidential by all
medical personnel involved in the testing | ||||||
34 | and must be personally delivered in a
sealed envelope to the | ||||||
35 | judge of the court in which the conviction was entered
for the | ||||||
36 | judge's inspection in camera. Acting in accordance with the |
| |||||||
| |||||||
1 | best
interests of the public, the judge shall have the | ||||||
2 | discretion to determine to
whom, if anyone, the results of the | ||||||
3 | testing may be revealed. The court shall
notify the defendant | ||||||
4 | of a positive test showing an infection with the human
| ||||||
5 | immunodeficiency virus (HIV). The court shall provide | ||||||
6 | information on the
availability of HIV testing and counseling | ||||||
7 | at Department of Public Health
facilities to all parties to | ||||||
8 | whom the results of the testing are revealed and
shall direct | ||||||
9 | the State's Attorney to provide the information to the victim | ||||||
10 | when
possible. A State's Attorney may petition the court to | ||||||
11 | obtain the results of
any HIV test administered under this | ||||||
12 | Section, and the court shall grant the
disclosure if the | ||||||
13 | State's Attorney shows it is relevant in order to prosecute a
| ||||||
14 | charge of criminal transmission of HIV under Section 12-16.2 of | ||||||
15 | the Criminal
Code of 1961 against the defendant. The court | ||||||
16 | shall order that the cost of any
such test shall be paid by the | ||||||
17 | county and may be taxed as costs against the
convicted | ||||||
18 | defendant.
| ||||||
19 | (i) All fines and penalties imposed under this Section for | ||||||
20 | any violation
of Chapters 3, 4, 6, and 11 of the Illinois | ||||||
21 | Vehicle Code, or a similar
provision of a local ordinance, and | ||||||
22 | any violation
of the Child Passenger Protection Act, or a | ||||||
23 | similar provision of a local
ordinance, shall be collected and | ||||||
24 | disbursed by the circuit
clerk as provided under Section 27.5 | ||||||
25 | of the Clerks of Courts Act.
| ||||||
26 | (j) In cases when prosecution for any violation of Section | ||||||
27 | 11-6, 11-8,
11-9, 11-11, 11-14, 11-15, 11-15.1, 11-16, 11-17, | ||||||
28 | 11-17.1, 11-18, 11-18.1,
11-19, 11-19.1, 11-19.2, 11-20.1, | ||||||
29 | 11-21, 12-13, 12-14, 12-14.1, 12-15, or
12-16 of the
Criminal | ||||||
30 | Code of 1961, any violation of the Illinois Controlled | ||||||
31 | Substances Act,
or any violation of the Cannabis Control Act | ||||||
32 | results in conviction, a
disposition of court supervision, or | ||||||
33 | an order of probation granted under
Section 10 of the Cannabis | ||||||
34 | Control Act or Section 410 of the Illinois
Controlled Substance | ||||||
35 | Act of a defendant, the court shall determine whether the
| ||||||
36 | defendant is employed by a facility or center as defined under |
| |||||||
| |||||||
1 | the Child Care
Act of 1969, a public or private elementary or | ||||||
2 | secondary school, or otherwise
works with children under 18 | ||||||
3 | years of age on a daily basis. When a defendant
is so employed, | ||||||
4 | the court shall order the Clerk of the Court to send a copy of
| ||||||
5 | the judgment of conviction or order of supervision or probation | ||||||
6 | to the
defendant's employer by certified mail.
If the employer | ||||||
7 | of the defendant is a school, the Clerk of the Court shall
| ||||||
8 | direct the mailing of a copy of the judgment of conviction or | ||||||
9 | order of
supervision or probation to the appropriate regional | ||||||
10 | superintendent of schools.
The regional superintendent of | ||||||
11 | schools shall notify the State Board of
Education of any | ||||||
12 | notification under this subsection.
| ||||||
13 | (j-5) A defendant at least 17 years of age who is convicted | ||||||
14 | of a felony and
who has not been previously convicted of a | ||||||
15 | misdemeanor or felony and who is
sentenced to a term of | ||||||
16 | imprisonment in the Illinois Department of Corrections
shall as | ||||||
17 | a condition of his or her sentence be required by the court to | ||||||
18 | attend
educational courses designed to prepare the defendant | ||||||
19 | for a high school diploma
and to work toward a high school | ||||||
20 | diploma or to work toward passing the high
school level Test of | ||||||
21 | General Educational Development (GED) or to work toward
| ||||||
22 | completing a vocational training program offered by the | ||||||
23 | Department of
Corrections. If a defendant fails to complete the | ||||||
24 | educational training
required by his or her sentence during the | ||||||
25 | term of incarceration, the Prisoner
Review Board shall, as a | ||||||
26 | condition of mandatory supervised release, require the
| ||||||
27 | defendant, at his or her own expense, to pursue a course of | ||||||
28 | study toward a high
school diploma or passage of the GED test. | ||||||
29 | The Prisoner Review Board shall
revoke the mandatory supervised | ||||||
30 | release of a defendant who wilfully fails to
comply with this | ||||||
31 | subsection (j-5) upon his or her release from confinement in a
| ||||||
32 | penal institution while serving a mandatory supervised release | ||||||
33 | term; however,
the inability of the defendant after making a | ||||||
34 | good faith effort to obtain
financial aid or pay for the | ||||||
35 | educational training shall not be deemed a wilful
failure to | ||||||
36 | comply. The Prisoner Review Board shall recommit the defendant
|
| |||||||
| |||||||
1 | whose mandatory supervised release term has been revoked under | ||||||
2 | this subsection
(j-5) as provided in Section 3-3-9. This | ||||||
3 | subsection (j-5) does not apply to a
defendant who has a high | ||||||
4 | school diploma or has successfully passed the GED
test. This | ||||||
5 | subsection (j-5) does not apply to a defendant who is | ||||||
6 | determined by
the court to be developmentally disabled or | ||||||
7 | otherwise mentally incapable of
completing the educational or | ||||||
8 | vocational program.
| ||||||
9 | (k) A court may not impose a sentence or disposition for a
| ||||||
10 | felony or misdemeanor that requires the defendant to be | ||||||
11 | implanted or injected
with or to use any form of birth control.
| ||||||
12 | (l) (A) Except as provided
in paragraph (C) of subsection | ||||||
13 | (l), whenever a defendant,
who is an alien as defined by | ||||||
14 | the Immigration and Nationality Act, is convicted
of any | ||||||
15 | felony or misdemeanor offense, the court after sentencing | ||||||
16 | the defendant
may, upon motion of the State's Attorney, | ||||||
17 | hold sentence in abeyance and remand
the defendant to the | ||||||
18 | custody of the Attorney General of
the United States or his | ||||||
19 | or her designated agent to be deported when:
| ||||||
20 | (1) a final order of deportation has been issued | ||||||
21 | against the defendant
pursuant to proceedings under | ||||||
22 | the Immigration and Nationality Act, and
| ||||||
23 | (2) the deportation of the defendant would not | ||||||
24 | deprecate the seriousness
of the defendant's conduct | ||||||
25 | and would not be inconsistent with the ends of
justice.
| ||||||
26 | Otherwise, the defendant shall be sentenced as | ||||||
27 | provided in this Chapter V.
| ||||||
28 | (B) If the defendant has already been sentenced for a | ||||||
29 | felony or
misdemeanor
offense, or has been placed on | ||||||
30 | probation under Section 10 of the Cannabis
Control Act or | ||||||
31 | Section 410 of the Illinois Controlled Substances Act, the | ||||||
32 | court
may, upon motion of the State's Attorney to suspend | ||||||
33 | the
sentence imposed, commit the defendant to the custody | ||||||
34 | of the Attorney General
of the United States or his or her | ||||||
35 | designated agent when:
| ||||||
36 | (1) a final order of deportation has been issued |
| |||||||
| |||||||
1 | against the defendant
pursuant to proceedings under | ||||||
2 | the Immigration and Nationality Act, and
| ||||||
3 | (2) the deportation of the defendant would not | ||||||
4 | deprecate the seriousness
of the defendant's conduct | ||||||
5 | and would not be inconsistent with the ends of
justice.
| ||||||
6 | (C) This subsection (l) does not apply to offenders who | ||||||
7 | are subject to the
provisions of paragraph (2) of | ||||||
8 | subsection (a) of Section 3-6-3.
| ||||||
9 | (D) Upon motion of the State's Attorney, if a defendant | ||||||
10 | sentenced under
this Section returns to the jurisdiction of | ||||||
11 | the United States, the defendant
shall be recommitted to | ||||||
12 | the custody of the county from which he or she was
| ||||||
13 | sentenced.
Thereafter, the defendant shall be brought | ||||||
14 | before the sentencing court, which
may impose any sentence | ||||||
15 | that was available under Section 5-5-3 at the time of
| ||||||
16 | initial sentencing. In addition, the defendant shall not be | ||||||
17 | eligible for
additional good conduct credit for | ||||||
18 | meritorious service as provided under
Section 3-6-6.
| ||||||
19 | (m) A person convicted of criminal defacement of property | ||||||
20 | under Section
21-1.3 of the Criminal Code of 1961, in which the | ||||||
21 | property damage exceeds $300
and the property damaged is a | ||||||
22 | school building, shall be ordered to perform
community service | ||||||
23 | that may include cleanup, removal, or painting over the
| ||||||
24 | defacement.
| ||||||
25 | (n) The court may sentence a person convicted of a | ||||||
26 | violation of Section
12-19, 12-21, or 16-1.3 of the Criminal | ||||||
27 | Code of 1961 (i) to an impact
incarceration program if the | ||||||
28 | person is otherwise eligible for that program
under Section | ||||||
29 | 5-8-1.1, (ii) to community service, or (iii) if the person is | ||||||
30 | an
addict or alcoholic, as defined in the Alcoholism and Other | ||||||
31 | Drug Abuse and
Dependency Act, to a substance or alcohol abuse | ||||||
32 | program licensed under that
Act.
| ||||||
33 | (Source: P.A. 92-183, eff. 7-27-01; 92-248, eff. 8-3-01; | ||||||
34 | 92-283, eff.
1-1-02; 92-340, eff. 8-10-01; 92-418, eff. | ||||||
35 | 8-17-01; 92-422, eff. 8-17-01;
92-651, eff. 7-11-02; 92-698, | ||||||
36 | eff. 7-19-02; 93-44, eff. 7-1-03; 93-156, eff.
1-1-04; 93-169, |
| |||||||
| |||||||
1 | eff. 7-10-03; 93-301, eff. 1-1-04; 93-419, eff. 1-1-04;
93-546, | ||||||
2 | eff. 1-1-04; revised 10-9-03 .)
|