Rep. Jack D. Franks
Filed: 3/31/2004
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1 | AMENDMENT TO HOUSE BILL 5416
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2 | AMENDMENT NO. ______. Amend House Bill 5416 by replacing | ||||||
3 | the title with the following:
| ||||||
4 | "AN ACT in relation to driving offenses."; and | ||||||
5 | by replacing everything after the enacting clause with the | ||||||
6 | following:
| ||||||
7 | "Section 5. The Illinois Vehicle Code is amended by | ||||||
8 | changing Section 11-501
as follows:
| ||||||
9 | (625 ILCS 5/11-501) (from Ch. 95 1/2, par. 11-501)
| ||||||
10 | Sec. 11-501. Driving while under the influence of alcohol, | ||||||
11 | other drug or
drugs, intoxicating compound or compounds or any | ||||||
12 | combination thereof.
| ||||||
13 | (a) A person shall not drive or be in actual
physical | ||||||
14 | control of any vehicle within this State while:
| ||||||
15 | (1) the alcohol concentration in the person's blood or | ||||||
16 | breath is 0.08
or more based on the definition of blood and | ||||||
17 | breath units in Section 11-501.2;
| ||||||
18 | (2) under the influence of alcohol;
| ||||||
19 | (3) under the influence of any intoxicating compound or | ||||||
20 | combination of
intoxicating compounds to a degree that | ||||||
21 | renders the person incapable of
driving safely;
| ||||||
22 | (4) under the influence of any other drug or | ||||||
23 | combination of drugs to a
degree that renders the person |
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| |||||||
1 | incapable of safely driving;
| ||||||
2 | (5) under the combined influence of alcohol, other drug | ||||||
3 | or drugs, or
intoxicating compound or compounds to a degree | ||||||
4 | that renders the person
incapable of safely driving; or
| ||||||
5 | (6) there is any amount of a drug, substance, or | ||||||
6 | compound in the
person's breath, blood, or urine resulting | ||||||
7 | from the unlawful use or consumption
of cannabis listed in | ||||||
8 | the Cannabis Control Act, a controlled substance listed
in | ||||||
9 | the Illinois Controlled Substances Act, or an intoxicating | ||||||
10 | compound listed
in the Use of Intoxicating Compounds Act.
| ||||||
11 | (b) The fact that any person charged with violating this | ||||||
12 | Section is or
has been legally entitled to use alcohol, other | ||||||
13 | drug or drugs, or
intoxicating compound or compounds, or any
| ||||||
14 | combination thereof, shall not constitute a defense against any | ||||||
15 | charge of
violating this Section.
| ||||||
16 | (c) Except as provided under paragraphs (c-3), (c-4), | ||||||
17 | (c-5), and (d)
of this
Section,
every person convicted of | ||||||
18 | violating this Section or a similar provision of a
local | ||||||
19 | ordinance, shall be guilty of a Class A misdemeanor and, in | ||||||
20 | addition to
any other criminal or administrative action, for | ||||||
21 | any second conviction of
violating this Section or a similar | ||||||
22 | provision of a law of another state or
local ordinance | ||||||
23 | committed within 5 years of a previous violation of this
| ||||||
24 | Section or a similar provision of a local ordinance shall be | ||||||
25 | mandatorily
sentenced to a minimum of 5 days of imprisonment or | ||||||
26 | assigned to a
minimum of 30 days of community service as may be | ||||||
27 | determined by the court.
Every person convicted of violating | ||||||
28 | this Section or a similar provision of a
local ordinance shall | ||||||
29 | be subject to an additional mandatory minimum fine of
$500 and | ||||||
30 | an additional
mandatory 5 days of community service in a | ||||||
31 | program benefiting children if the
person committed a violation | ||||||
32 | of paragraph (a) or a similar provision of a local
ordinance | ||||||
33 | while transporting a person under age 16. Every person
| ||||||
34 | convicted a second time for violating this Section or a similar |
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| |||||||
1 | provision of a
local ordinance within 5 years of a previous | ||||||
2 | violation of this Section or a
similar provision of a law of | ||||||
3 | another state or local ordinance shall be subject
to an | ||||||
4 | additional mandatory minimum
fine of $500 and an additional 10 | ||||||
5 | days of mandatory community service in a
program benefiting
| ||||||
6 | children if the current offense was committed while | ||||||
7 | transporting a person
under age 16. The imprisonment or | ||||||
8 | assignment under this subsection
shall not be subject to | ||||||
9 | suspension nor shall the person be eligible for
probation in | ||||||
10 | order to reduce the sentence or assignment.
| ||||||
11 | (c-1) (1) A person who violates this Section during a | ||||||
12 | period in which his
or her driving privileges are revoked | ||||||
13 | or suspended, where the revocation or
suspension was for a | ||||||
14 | violation of this Section, Section 11-501.1, paragraph (b)
| ||||||
15 | of Section 11-401, or Section 9-3 of the Criminal Code of | ||||||
16 | 1961 is guilty of a
Class 4 felony.
| ||||||
17 | (2) A person who violates this Section a third time | ||||||
18 | during a period in
which his or her driving privileges are | ||||||
19 | revoked or suspended where the
revocation
or suspension was | ||||||
20 | for a violation of this Section, Section 11-501.1, | ||||||
21 | paragraph
(b) of Section 11-401, or Section 9-3 of the | ||||||
22 | Criminal Code of 1961 is guilty of
a Class 3 felony.
| ||||||
23 | (3) A person who violates this Section a fourth or | ||||||
24 | subsequent time
during a period in which his
or her driving | ||||||
25 | privileges are revoked or suspended where the revocation
or | ||||||
26 | suspension was for a violation of this Section, Section | ||||||
27 | 11-501.1, paragraph
(b) of Section 11-401, or Section 9-3 | ||||||
28 | of the Criminal Code of 1961 is guilty of
a Class 2 felony.
| ||||||
29 | (c-2) (Blank).
| ||||||
30 | (c-3) (Blank).
Every person convicted of violating this | ||||||
31 | Section or a
similar
provision of a local ordinance who had a | ||||||
32 | child under age 16 in the vehicle at
the time of the offense | ||||||
33 | shall have his or her punishment under this Act
enhanced by 2 | ||||||
34 | days of imprisonment for a first offense, 10 days of |
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| |||||||
1 | imprisonment
for a second offense, 30 days of imprisonment for | ||||||
2 | a third offense, and 90 days
of imprisonment for a fourth or | ||||||
3 | subsequent offense, in addition to the fine and
community | ||||||
4 | service required under subsection (c) and the possible | ||||||
5 | imprisonment
required under subsection (d). The imprisonment | ||||||
6 | or assignment under this
subsection shall not be subject to | ||||||
7 | suspension nor shall the person be eligible
for probation in | ||||||
8 | order to reduce the sentence or assignment.
| ||||||
9 | (c-4) When a person is convicted of violating Section | ||||||
10 | 11-501 of this
Code or a similar provision of a local | ||||||
11 | ordinance, the following penalties apply
when his or her blood, | ||||||
12 | breath, or urine was
.16 or more based on the definition of | ||||||
13 | blood, breath, or urine units in Section
11-501.2 or when that | ||||||
14 | person is convicted of violating this Section while
| ||||||
15 | transporting a child under the age of 16 :
| ||||||
16 | (1) A person who is convicted of violating subsection | ||||||
17 | (a) of Section
11-501 of this
Code a
first time, in | ||||||
18 | addition to any other penalty that may be imposed under
| ||||||
19 | subsection (c), is subject to
a mandatory minimum of
100 | ||||||
20 | hours
of community service
and
a minimum fine of $500.
| ||||||
21 | (2) A person who is convicted of violating subsection | ||||||
22 | (a) of Section
11-501 of this
Code a
second time within 10 | ||||||
23 | years, in addition to any other penalty
that may be imposed | ||||||
24 | under subsection (c), is subject to
a mandatory minimum of | ||||||
25 | 2 days of imprisonment
and
a minimum fine of $1,250.
| ||||||
26 | (3) A person who is convicted of violating subsection | ||||||
27 | (a) of Section
11-501 of this
Code a third time within 20 | ||||||
28 | years is guilty of a Class 4 felony and, in
addition to any
| ||||||
29 | other penalty that may be imposed under subsection (c), is | ||||||
30 | subject to
a mandatory minimum of 90 days of imprisonment | ||||||
31 | and
a minimum fine of $2,500.
| ||||||
32 | (4) A person who is convicted of violating this | ||||||
33 | subsection (c-4) a fourth
or subsequent
time is
guilty of a | ||||||
34 | Class 2 felony and, in addition to any other penalty
that |
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| |||||||
1 | may be imposed under subsection (c), is not
eligible for a | ||||||
2 | sentence of probation or conditional
discharge and is
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3 | subject to a minimum fine of $2,500.
| ||||||
4 | (c-5) When a person is convicted of violating this Section | ||||||
5 | or a similar
provision of a local ordinance, the following | ||||||
6 | penalties apply when that person
is convicted of a violation | ||||||
7 | while transporting a child under the age of 16:
| ||||||
8 | (1) Except as otherwise provided in paragraph (2) of | ||||||
9 | this subsection
(c-5), a person who is convicted of | ||||||
10 | violating subsection (a) of this Section
a first time is | ||||||
11 | guilty of a Class A misdemeanor and is subject to 6 months | ||||||
12 | of
imprisonment, a mandatory fine of $1000, and 25 days of | ||||||
13 | community service in a
program benefiting children. The | ||||||
14 | imprisonment or assignment to community
service
under this | ||||||
15 | subsection shall not be subject to suspension, nor shall | ||||||
16 | the person
be eligible for probation in order to reduce the | ||||||
17 | sentence or assignment.
| ||||||
18 | (2) A person who is convicted of violating subsection | ||||||
19 | (a) of this Section
a
first time and who in committing that | ||||||
20 | violation was involved in a motor vehicle
accident that | ||||||
21 | resulted in bodily harm to the child under the age of 16 | ||||||
22 | being
transported by the person, if the violation was the | ||||||
23 | proximate cause of the
injury, is guilty of a Class 4 | ||||||
24 | felony and is subject to one year of
imprisonment,
a | ||||||
25 | mandatory fine of $2,500, and 25 days of community service | ||||||
26 | in a program
benefiting children. The imprisonment or | ||||||
27 | assignment to community service under
this subsection | ||||||
28 | shall not be subject to suspension, nor shall the person be
| ||||||
29 | eligible for probation in order to reduce the sentence or | ||||||
30 | assignment.
| ||||||
31 | (3) Except as otherwise provided in paragraph (4) of | ||||||
32 | this subsection
(c-5), a person who is convicted of | ||||||
33 | violating subsection (a) of this Section
a
second time | ||||||
34 | within 10 years is guilty of a Class 4 felony and is |
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| |||||||
1 | subject to one
year of imprisonment, a mandatory fine of | ||||||
2 | $2,500, and 25 days of community
service in a program | ||||||
3 | benefiting children. The imprisonment or assignment to
| ||||||
4 | community service under this subsection shall not be | ||||||
5 | subject to suspension, nor
shall the person be eligible for | ||||||
6 | probation in order to reduce the sentence or
assignment.
| ||||||
7 | (4) A person who is convicted of violating subsection | ||||||
8 | (a) of this Section
a
second time within 10 years and who | ||||||
9 | in committing that violation was involved
in a motor | ||||||
10 | vehicle accident that resulted in bodily harm to the child | ||||||
11 | under the
age of 16 being transported, if the violation was | ||||||
12 | the proximate cause of the
injury, is guilty of a Class 4 | ||||||
13 | felony and is subject to 18 months of
imprisonment, a
| ||||||
14 | mandatory fine of $5,000, and 25 days of community service | ||||||
15 | in a program
benefiting
children. The imprisonment or | ||||||
16 | assignment to community service under this
subsection
| ||||||
17 | shall not be subject to suspension, nor shall the person be | ||||||
18 | eligible for
probation in order
to reduce the sentence or | ||||||
19 | assignment.
| ||||||
20 | (5) A person who is convicted of violating subsection | ||||||
21 | (a) of this Section
a third or subsequent time within 20 | ||||||
22 | years is guilty of a Class 3 felony and is
subject
to 3 | ||||||
23 | years of imprisonment, a mandatory fine of $25,000, and 25 | ||||||
24 | days of
community
service in a program benefiting children. | ||||||
25 | The imprisonment or assignment to
community
service under | ||||||
26 | this subsection shall not be subject to suspension, nor | ||||||
27 | shall the
person be
eligible for probation in order to | ||||||
28 | reduce the sentence or assignment.
| ||||||
29 | (d) (1) Every person convicted of committing a violation of | ||||||
30 | this Section
shall be guilty of aggravated driving under | ||||||
31 | the influence of alcohol,
other drug or drugs, or | ||||||
32 | intoxicating compound or compounds, or any combination
| ||||||
33 | thereof if:
| ||||||
34 | (A) the person committed a violation of this |
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| |||||||
1 | Section, or a similar
provision of a law of another | ||||||
2 | state or a local ordinance when the cause of
action is | ||||||
3 | the same as or substantially similar to this Section, | ||||||
4 | for the
third or subsequent time;
| ||||||
5 | (B) the person committed a violation of paragraph | ||||||
6 | (a) while
driving a school bus with children on board;
| ||||||
7 | (C) the person in committing a violation of | ||||||
8 | paragraph (a) was
involved in a motor vehicle accident | ||||||
9 | that resulted in great bodily harm or
permanent | ||||||
10 | disability or disfigurement to another, when the | ||||||
11 | violation was
a proximate cause of the injuries;
| ||||||
12 | (D) the person committed a violation of paragraph | ||||||
13 | (a) for a
second time and has been previously convicted | ||||||
14 | of violating Section 9-3 of the
Criminal Code of 1961 | ||||||
15 | relating to reckless homicide in which the person was
| ||||||
16 | determined to have been under the influence of alcohol, | ||||||
17 | other drug or
drugs, or intoxicating compound or | ||||||
18 | compounds as an element of the offense or
the person | ||||||
19 | has previously been convicted
under subparagraph (C) | ||||||
20 | or subparagraph (F) of this paragraph (1);
| ||||||
21 | (E) the person, in committing a violation of | ||||||
22 | paragraph (a) while
driving at any speed in a school | ||||||
23 | speed zone at a time when a speed limit of
20 miles per | ||||||
24 | hour was in effect under subsection (a) of Section | ||||||
25 | 11-605 of
this Code, was involved in a motor vehicle | ||||||
26 | accident that resulted in bodily
harm, other than great | ||||||
27 | bodily harm or permanent disability or disfigurement,
| ||||||
28 | to another person, when the violation of paragraph (a) | ||||||
29 | was a proximate cause
of the bodily harm; or
| ||||||
30 | (F) the person, in committing a violation of | ||||||
31 | paragraph (a), was
involved in a motor vehicle, | ||||||
32 | snowmobile, all-terrain vehicle, or watercraft
| ||||||
33 | accident that resulted in
the death of another person, | ||||||
34 | when the violation of paragraph (a) was
a proximate |
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| |||||||
1 | cause of the death.
| ||||||
2 | (2) Except as provided in this paragraph (2), | ||||||
3 | aggravated driving under
the
influence of alcohol, other | ||||||
4 | drug or
drugs,
or intoxicating compound or compounds, or | ||||||
5 | any
combination thereof is a Class 4 felony. For a | ||||||
6 | violation of subparagraph (C)
of
paragraph (1) of this | ||||||
7 | subsection (d), the defendant, if sentenced to a term
of | ||||||
8 | imprisonment, shall be sentenced
to not less than
one year | ||||||
9 | nor more than 12 years.
Aggravated driving under the | ||||||
10 | influence of alcohol, other drug or drugs,
or intoxicating | ||||||
11 | compound or compounds, or any combination thereof as
| ||||||
12 | defined in subparagraph (F) of paragraph (1) of this | ||||||
13 | subsection (d) is
a Class 2 felony, for which the | ||||||
14 | defendant, if sentenced to a term of
imprisonment, shall be | ||||||
15 | sentenced to: (A) a
term of imprisonment of not less than 3 | ||||||
16 | years and not more
than 14 years if the violation resulted | ||||||
17 | in the death of one person; or
(B) a term of imprisonment | ||||||
18 | of not less than 6 years and not
more than 28 years if the | ||||||
19 | violation resulted in the deaths of 2 or more
persons.
For | ||||||
20 | any prosecution under this subsection
(d), a certified copy | ||||||
21 | of the
driving abstract of the defendant shall be admitted | ||||||
22 | as proof of any prior
conviction.
| ||||||
23 | (e) After a finding of guilt and prior to any final | ||||||
24 | sentencing, or an
order for supervision, for an offense based | ||||||
25 | upon an arrest for a
violation of this Section or a similar | ||||||
26 | provision of a local ordinance,
individuals shall be required | ||||||
27 | to undergo a professional evaluation to
determine if an | ||||||
28 | alcohol, drug, or intoxicating compound abuse problem exists
| ||||||
29 | and the
extent of the problem, and undergo the imposition of | ||||||
30 | treatment as appropriate.
Programs conducting these | ||||||
31 | evaluations shall be
licensed by the Department of Human | ||||||
32 | Services. The cost of any professional
evaluation shall be paid | ||||||
33 | for by the
individual
required to undergo the professional | ||||||
34 | evaluation.
|
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| |||||||
1 | (e-1) Any person who is found guilty of or pleads guilty to | ||||||
2 | violating this
Section, including any person receiving a | ||||||
3 | disposition of court supervision for
violating this Section, | ||||||
4 | may be required by the Court to attend a victim
impact panel | ||||||
5 | offered by, or under contract with, a County State's Attorney's
| ||||||
6 | office, a probation and court services department, Mothers | ||||||
7 | Against Drunk
Driving,
or the Alliance Against Intoxicated | ||||||
8 | Motorists.
All costs generated by
the victim impact panel shall | ||||||
9 | be paid from fees collected from the
offender or as may be | ||||||
10 | determined by the court.
| ||||||
11 | (f) Every person found guilty of violating this Section, | ||||||
12 | whose
operation of a motor vehicle while in violation of this | ||||||
13 | Section proximately
caused any incident resulting in an | ||||||
14 | appropriate emergency response, shall
be liable for the expense | ||||||
15 | of an emergency response as provided under
Section 5-5-3 of the | ||||||
16 | Unified Code of Corrections.
| ||||||
17 | (g) The Secretary of State shall revoke the driving | ||||||
18 | privileges of any
person convicted under this Section or a | ||||||
19 | similar provision of a local
ordinance.
| ||||||
20 | (h) Every person sentenced under paragraph (2) or (3) of | ||||||
21 | subsection (c-1)
of this Section or subsection (d) of this | ||||||
22 | Section and who
receives a term of probation or conditional | ||||||
23 | discharge shall be required to
serve a minimum term of either | ||||||
24 | 60 days community service or 10 days of
imprisonment as a | ||||||
25 | condition of the probation or
conditional discharge. This | ||||||
26 | mandatory minimum term of imprisonment or
assignment of | ||||||
27 | community service shall not be suspended and shall
not be | ||||||
28 | subject to reduction by the court.
| ||||||
29 | (i) The Secretary of State shall require the use of | ||||||
30 | ignition interlock
devices on all vehicles owned by an | ||||||
31 | individual who has been convicted of a
second
or subsequent | ||||||
32 | offense of this Section or a similar provision of a local
| ||||||
33 | ordinance. The Secretary shall establish by rule and regulation | ||||||
34 | the procedures
for certification and use of the interlock |
| |||||||
| |||||||
1 | system.
| ||||||
2 | (j) In addition to any other penalties and liabilities, a | ||||||
3 | person who is
found guilty of or pleads guilty to violating | ||||||
4 | this Section, including any
person placed on court supervision | ||||||
5 | for violating this Section, shall be fined
$100, payable to the
| ||||||
6 | circuit clerk, who shall distribute the money to the law | ||||||
7 | enforcement agency
that made the arrest. If the person has been | ||||||
8 | previously convicted of violating
this Section or a similar | ||||||
9 | provision of a local ordinance, the fine shall be
$200. In the | ||||||
10 | event that more than one agency is responsible
for the arrest, | ||||||
11 | the $100 or $200 shall be shared equally. Any moneys received
| ||||||
12 | by a law
enforcement agency under this subsection (j) shall be | ||||||
13 | used to purchase law
enforcement equipment that will assist in | ||||||
14 | the prevention of alcohol related
criminal violence throughout | ||||||
15 | the State. This shall include, but is not limited
to, in-car | ||||||
16 | video cameras, radar and laser speed detection devices, and | ||||||
17 | alcohol
breath testers.
Any moneys received by the Department | ||||||
18 | of State Police under this subsection
(j) shall be deposited | ||||||
19 | into the State Police DUI Fund and shall be used to
purchase | ||||||
20 | law enforcement equipment that will assist in the prevention of
| ||||||
21 | alcohol related criminal violence throughout the State.
| ||||||
22 | (k) The Secretary of State Police DUI Fund is created as a | ||||||
23 | special
fund in the State treasury. All moneys received by the | ||||||
24 | Secretary of State
Police under subsection (j) of this Section | ||||||
25 | shall be deposited into the
Secretary of State Police DUI Fund | ||||||
26 | and, subject to appropriation, shall be
used to purchase law | ||||||
27 | enforcement equipment to assist in the prevention of
alcohol | ||||||
28 | related criminal violence throughout the State.
| ||||||
29 | (Source: P.A. 92-248, eff. 8-3-01; 92-418, eff. 8-17-01;
| ||||||
30 | 92-420, eff. 8-17-01; 92-429, eff. 1-1-02; 92-431, eff. 1-1-02; | ||||||
31 | 92-651, eff.
7-11-02; 93-156, eff. 1-1-04; 93-213, eff. | ||||||
32 | 7-18-03; 93-584, eff.
8-22-03; revised 8-27-03.)
| ||||||
33 | Section 10. The Unified Code of Corrections is amended by |
| |||||||
| |||||||
1 | changing Section
5-5-3 of as follows:
| ||||||
2 | (730 ILCS 5/5-5-3) (from Ch. 38, par. 1005-5-3)
| ||||||
3 | Sec. 5-5-3. Disposition.
| ||||||
4 | (a) Every person convicted of an offense shall be sentenced | ||||||
5 | as provided
in this Section.
| ||||||
6 | (b) The following options shall be appropriate | ||||||
7 | dispositions, alone
or in combination, for all felonies and | ||||||
8 | misdemeanors other than those
identified in subsection (c) of | ||||||
9 | this Section:
| ||||||
10 | (1) A period of probation.
| ||||||
11 | (2) A term of periodic imprisonment.
| ||||||
12 | (3) A term of conditional discharge.
| ||||||
13 | (4) A term of imprisonment.
| ||||||
14 | (5) An order directing the offender to clean up and | ||||||
15 | repair the
damage, if the offender was convicted under | ||||||
16 | paragraph (h) of Section
21-1 of the Criminal Code of 1961 | ||||||
17 | (now repealed) .
| ||||||
18 | (6) A fine.
| ||||||
19 | (7) An order directing the offender to make restitution | ||||||
20 | to the
victim under Section 5-5-6 of this Code.
| ||||||
21 | (8) A sentence of participation in a county impact | ||||||
22 | incarceration
program under Section 5-8-1.2 of this Code.
| ||||||
23 | Whenever an individual is sentenced for an offense based | ||||||
24 | upon an
arrest for a violation of Section 11-501 of the | ||||||
25 | Illinois Vehicle Code, or a
similar provision of a local | ||||||
26 | ordinance, and the professional evaluation
recommends remedial | ||||||
27 | or rehabilitative treatment or education, neither the
| ||||||
28 | treatment nor the education shall be the sole disposition and | ||||||
29 | either or
both may be imposed only in conjunction with another | ||||||
30 | disposition.
The court shall monitor compliance with any | ||||||
31 | remedial education or treatment
recommendations contained in | ||||||
32 | the professional evaluation. Programs
conducting alcohol or | ||||||
33 | other drug evaluation or remedial education must be
licensed by |
| |||||||
| |||||||
1 | the Department of Human Services. However,
if the individual is | ||||||
2 | not a resident of Illinois, the court may accept an
alcohol or | ||||||
3 | other drug evaluation or remedial education program in the | ||||||
4 | state
of such individual's residence. Programs providing | ||||||
5 | treatment must be
licensed under existing applicable | ||||||
6 | alcoholism and drug treatment licensure
standards.
| ||||||
7 | In addition to any other fine or penalty required by law, | ||||||
8 | any
individual convicted of a violation of Section 11-501 of | ||||||
9 | the Illinois
Vehicle Code, Section 5-7 of the Snowmobile | ||||||
10 | Registration and Safety Act,
Section 5-16 of the Boat | ||||||
11 | Registration and Safety Act, or a similar provision of
local | ||||||
12 | ordinance, whose operation of
a motor vehicle while in | ||||||
13 | violation of Section 11-501, Section 5-7, Section
5-16, or such | ||||||
14 | ordinance
proximately caused an incident resulting in an | ||||||
15 | appropriate emergency
response, shall be required to make | ||||||
16 | restitution to a public agency for the
costs of that emergency | ||||||
17 | response. Such restitution shall not exceed $1,000 per
public | ||||||
18 | agency for each such emergency response. For the purpose
of
| ||||||
19 | this paragraph, emergency response shall mean any incident | ||||||
20 | requiring a response
by: a police officer as defined under | ||||||
21 | Section 1-162 of the Illinois Vehicle
Code; a fireman carried | ||||||
22 | on the rolls of a regularly constituted fire
department; and an | ||||||
23 | ambulance as defined under Section 3.85 of the
Emergency | ||||||
24 | Medical Services (EMS) Systems Act.
| ||||||
25 | Neither a fine nor restitution shall be the sole | ||||||
26 | disposition
for a felony and either or both may be imposed only | ||||||
27 | in conjunction with
another disposition.
| ||||||
28 | (c) (1) When a defendant is found guilty of first degree | ||||||
29 | murder the
State may either seek a sentence of imprisonment | ||||||
30 | under Section 5-8-1 of
this Code, or where appropriate seek | ||||||
31 | a sentence of death under Section 9-1
of the Criminal Code | ||||||
32 | of 1961.
| ||||||
33 | (2) A period of probation, a term of periodic | ||||||
34 | imprisonment or
conditional discharge shall not be imposed |
| |||||||
| |||||||
1 | for the following offenses.
The court shall sentence the | ||||||
2 | offender to not less than the minimum term
of imprisonment | ||||||
3 | set forth in this Code for the following offenses, and
may | ||||||
4 | order a fine or restitution or both in conjunction with | ||||||
5 | such term of
imprisonment:
| ||||||
6 | (A) First degree murder where the death penalty is | ||||||
7 | not imposed.
| ||||||
8 | (B) Attempted first degree murder.
| ||||||
9 | (C) A Class X felony.
| ||||||
10 | (D) A violation of Section 401.1 or 407 of the
| ||||||
11 | Illinois Controlled Substances Act, or a violation of | ||||||
12 | subdivision (c)(1) or
(c)(2) of
Section 401 of that Act | ||||||
13 | which relates to more than 5 grams of a substance
| ||||||
14 | containing heroin or cocaine or an analog thereof.
| ||||||
15 | (E) A violation of Section 5.1 or 9 of the Cannabis | ||||||
16 | Control
Act.
| ||||||
17 | (F) A Class 2 or greater felony if the offender had | ||||||
18 | been convicted
of a Class 2 or greater felony within 10 | ||||||
19 | years of the date on which the
offender
committed the | ||||||
20 | offense for which he or she is being sentenced, except | ||||||
21 | as
otherwise provided in Section 40-10 of the | ||||||
22 | Alcoholism and Other Drug Abuse and
Dependency Act.
| ||||||
23 | (G) Residential burglary, except as otherwise | ||||||
24 | provided in Section 40-10
of the Alcoholism and Other | ||||||
25 | Drug Abuse and Dependency Act.
| ||||||
26 | (H) Criminal sexual assault.
| ||||||
27 | (I) Aggravated battery of a senior citizen.
| ||||||
28 | (J) A forcible felony if the offense was related to | ||||||
29 | the activities of an
organized gang.
| ||||||
30 | Before July 1, 1994, for the purposes of this | ||||||
31 | paragraph, "organized
gang" means an association of 5 | ||||||
32 | or more persons, with an established hierarchy,
that | ||||||
33 | encourages members of the association to perpetrate | ||||||
34 | crimes or provides
support to the members of the |
| |||||||
| |||||||
1 | association who do commit crimes.
| ||||||
2 | Beginning July 1, 1994, for the purposes of this | ||||||
3 | paragraph,
"organized gang" has the meaning ascribed | ||||||
4 | to it in Section 10 of the Illinois
Streetgang | ||||||
5 | Terrorism Omnibus Prevention Act.
| ||||||
6 | (K) Vehicular hijacking.
| ||||||
7 | (L) A second or subsequent conviction for the | ||||||
8 | offense of hate crime
when the underlying offense upon | ||||||
9 | which the hate crime is based is felony
aggravated
| ||||||
10 | assault or felony mob action.
| ||||||
11 | (M) A second or subsequent conviction for the | ||||||
12 | offense of institutional
vandalism if the damage to the | ||||||
13 | property exceeds $300.
| ||||||
14 | (N) A Class 3 felony violation of paragraph (1) of | ||||||
15 | subsection (a) of
Section 2 of the Firearm Owners | ||||||
16 | Identification Card Act.
| ||||||
17 | (O) A violation of Section 12-6.1 of the Criminal | ||||||
18 | Code of 1961.
| ||||||
19 | (P) A violation of paragraph (1), (2), (3), (4), | ||||||
20 | (5), or (7) of
subsection (a)
of Section 11-20.1 of the | ||||||
21 | Criminal Code of 1961.
| ||||||
22 | (Q) A violation of Section 20-1.2 or 20-1.3 of the | ||||||
23 | Criminal Code of
1961.
| ||||||
24 | (R) A violation of Section 24-3A of the Criminal | ||||||
25 | Code of
1961.
| ||||||
26 | (S) A violation of Section 11-501(c-1)(3) of the | ||||||
27 | Illinois Vehicle
Code.
| ||||||
28 | (T) A second or subsequent violation of paragraph | ||||||
29 | (6.6) of subsection
(a), subsection (c-5), or | ||||||
30 | subsection (d-5) of Section 401 of the Illinois
| ||||||
31 | Controlled Substances Act.
| ||||||
32 | (3) A minimum term of imprisonment of not less than 5 | ||||||
33 | days
or 30 days of community service as may be determined | ||||||
34 | by the
court shall
be imposed for a second violation |
| |||||||
| |||||||
1 | committed within 5 years
of a previous violation of Section | ||||||
2 | 11-501 of the Illinois Vehicle Code or
a similar provision | ||||||
3 | of a local ordinance.
In the case of a third or
subsequent | ||||||
4 | violation committed within 5 years of a previous violation | ||||||
5 | of
Section 11-501 of the Illinois Vehicle Code or a similar | ||||||
6 | provision of a local
ordinance, a minimum term of either 10 | ||||||
7 | days of imprisonment or 60 days of
community service shall | ||||||
8 | be imposed.
| ||||||
9 | (4) A minimum term of imprisonment of not less than 10
| ||||||
10 | consecutive days or 30 days of community service shall be | ||||||
11 | imposed for a
violation of paragraph (c) of Section 6-303 | ||||||
12 | of the Illinois Vehicle Code.
| ||||||
13 | (4.1) A minimum term of 30 consecutive days of | ||||||
14 | imprisonment,
40 days of 24 hour periodic imprisonment or | ||||||
15 | 720 hours of community
service, as may be determined by the | ||||||
16 | court, shall be imposed for a violation of
Section 11-501 | ||||||
17 | of the Illinois Vehicle Code during a period in which the
| ||||||
18 | defendant's driving privileges are revoked or suspended,
| ||||||
19 | where the revocation or suspension was for a
violation of | ||||||
20 | Section
11-501 or Section 11-501.1 of that Code.
| ||||||
21 | (4.2) Except as provided in paragraph (4.3) of this | ||||||
22 | subsection (c), a
minimum of
100 hours of community service | ||||||
23 | shall be imposed for a second violation of
Section 6-303
of | ||||||
24 | the Illinois Vehicle Code.
| ||||||
25 | (4.3) A minimum term of imprisonment of 30 days or 300 | ||||||
26 | hours of community
service, as determined by the court, | ||||||
27 | shall
be imposed for a second violation of subsection (c) | ||||||
28 | of Section 6-303 of the
Illinois Vehicle Code.
| ||||||
29 | (4.4) Except as provided in paragraph (4.5) and | ||||||
30 | paragraph (4.6) of this
subsection (c), a
minimum term of | ||||||
31 | imprisonment of 30 days or 300 hours of community service, | ||||||
32 | as
determined by the court, shall
be imposed
for a third or | ||||||
33 | subsequent violation of Section 6-303 of the Illinois | ||||||
34 | Vehicle
Code.
|
| |||||||
| |||||||
1 | (4.5) A minimum term of imprisonment of 30 days
shall | ||||||
2 | be imposed for a third violation of subsection (c) of
| ||||||
3 | Section 6-303 of the Illinois Vehicle Code.
| ||||||
4 | (4.6) A minimum term of imprisonment of 180 days shall | ||||||
5 | be imposed for a
fourth or subsequent violation of | ||||||
6 | subsection (c) of Section 6-303 of the
Illinois Vehicle | ||||||
7 | Code.
| ||||||
8 | (5) The court may sentence an offender convicted of a | ||||||
9 | business
offense or a petty offense or a corporation or | ||||||
10 | unincorporated
association convicted of any offense to:
| ||||||
11 | (A) a period of conditional discharge;
| ||||||
12 | (B) a fine;
| ||||||
13 | (C) make restitution to the victim under Section | ||||||
14 | 5-5-6 of this Code.
| ||||||
15 | (5.1) In addition to any penalties imposed under | ||||||
16 | paragraph (5) of this
subsection (c), and except as | ||||||
17 | provided in paragraph (5.2) or (5.3), a person
convicted of | ||||||
18 | violating subsection (c) of Section 11-907 of the Illinois
| ||||||
19 | Vehicle Code shall have his or her driver's license, | ||||||
20 | permit, or privileges
suspended for at least 90 days but | ||||||
21 | not more than one year, if the violation
resulted in damage | ||||||
22 | to the property of another person.
| ||||||
23 | (5.2) In addition to any penalties imposed under | ||||||
24 | paragraph (5) of this
subsection (c), and except as | ||||||
25 | provided in paragraph (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 180 days but | ||||||
29 | not more than 2 years, if the violation resulted in injury
| ||||||
30 | to
another person.
| ||||||
31 | (5.3) In addition to any penalties imposed under | ||||||
32 | paragraph (5) of
this
subsection (c), a person convicted of | ||||||
33 | violating subsection (c) of Section
11-907 of the Illinois | ||||||
34 | Vehicle Code shall have his or her driver's license,
|
| |||||||
| |||||||
1 | permit, or privileges suspended for 2 years, if the | ||||||
2 | violation resulted in the
death of another person.
| ||||||
3 | (6) In no case shall an offender be eligible for a | ||||||
4 | disposition of
probation or conditional discharge for a | ||||||
5 | Class 1 felony committed while
he was serving a term of | ||||||
6 | probation or conditional discharge for a felony.
| ||||||
7 | (7) When a defendant is adjudged a habitual criminal | ||||||
8 | under Article
33B of the Criminal Code of 1961, the court | ||||||
9 | shall sentence
the defendant to a term of natural life | ||||||
10 | imprisonment.
| ||||||
11 | (8) When a defendant, over the age of 21 years, is | ||||||
12 | convicted of a
Class 1 or Class 2 felony, after having | ||||||
13 | twice been convicted
in any state or
federal court of an | ||||||
14 | offense that contains the same elements as an offense now
| ||||||
15 | classified in Illinois as a Class 2 or greater Class felony
| ||||||
16 | and such charges are
separately brought and tried and arise | ||||||
17 | out of different series of acts,
such defendant shall be | ||||||
18 | sentenced as a Class X offender. This paragraph
shall not | ||||||
19 | apply unless (1) the first felony was committed after the
| ||||||
20 | effective date of this amendatory Act of 1977; and (2) the | ||||||
21 | second felony
was committed after conviction on the first; | ||||||
22 | and (3) the third felony
was committed after conviction on | ||||||
23 | the second.
A person sentenced as a Class X offender under | ||||||
24 | this paragraph is not
eligible to apply for treatment as a | ||||||
25 | condition of probation as provided by
Section 40-10 of the | ||||||
26 | Alcoholism and Other Drug Abuse and Dependency Act.
| ||||||
27 | (9) A defendant convicted of a second or subsequent | ||||||
28 | offense of ritualized
abuse of a child may be sentenced to | ||||||
29 | a term of natural life imprisonment.
| ||||||
30 | (10) When a person is convicted of violating Section | ||||||
31 | 11-501 of the
Illinois
Vehicle Code or a similar provision | ||||||
32 | of a local ordinance, the following
penalties apply when | ||||||
33 | his or her blood,
breath, or urine was .16 or more based on | ||||||
34 | the definition of blood, breath, or
urine units in
Section |
| |||||||
| |||||||
1 | 11-501.2
or that person is convicted of violating Section | ||||||
2 | 11-501 of the Illinois Vehicle
Code while
transporting a | ||||||
3 | child under the age of 16 :
| ||||||
4 | (A) For a first violation of subsection (a) of | ||||||
5 | Section 11-501, in
addition to any other penalty that | ||||||
6 | may be imposed under subsection (c) of
Section 11-501: | ||||||
7 | a
mandatory
minimum of
100 hours of community
service | ||||||
8 | and a minimum fine of
$500.
| ||||||
9 | (B) For a second violation of subsection (a) of | ||||||
10 | Section 11-501, in
addition to any other penalty that | ||||||
11 | may be imposed under subsection (c) of
Section 11-501 | ||||||
12 | within 10
years: a
mandatory minimum of 2
days of | ||||||
13 | imprisonment
and a minimum fine of $1,250.
| ||||||
14 | (C) For a third violation of subsection (a) of | ||||||
15 | Section 11-501, in
addition to any other penalty that | ||||||
16 | may be imposed under subsection (c) of
Section 11-501 | ||||||
17 | within 20
years: a
mandatory
minimum of 90 days of | ||||||
18 | imprisonment and a minimum
fine of $2,500.
| ||||||
19 | (D) For a fourth or subsequent violation of | ||||||
20 | subsection (a) of Section
11-501: ineligibility for a | ||||||
21 | sentence
of probation or conditional discharge and a | ||||||
22 | minimum
fine of $2,500.
| ||||||
23 | (11) When a person is convicted of violating Section | ||||||
24 | 11-501 of the
Illinois
Vehicle Code or a similar provision | ||||||
25 | of a local ordinance, the following
penalties apply when
| ||||||
26 | that person is convicted of violating Section 11-501 of the | ||||||
27 | Illinois Vehicle
Code while
transporting a child under the | ||||||
28 | age of 16: | ||||||
29 | (A) Except as otherwise provided in subparagraph | ||||||
30 | (B) of this subdivision
(c)(11),
for a first violation | ||||||
31 | of
subsection (a) of Section 11-501, in
addition to any | ||||||
32 | other penalty that may be imposed under subsection (c) | ||||||
33 | of
Section 11-501: 25 days of community service in a | ||||||
34 | program benefiting children
and a mandatory fine of |
| |||||||
| |||||||
1 | $1,000. | ||||||
2 | (B) For a first violation of subsection (a) of | ||||||
3 | Section 11-501, if the
violation was the proximate | ||||||
4 | cause of an accident resulting in bodily harm to
the | ||||||
5 | child under the age of 16 being transported, in
| ||||||
6 | addition to any other penalty that may be imposed under | ||||||
7 | subsection (c) of
Section 11-501: 25 days of community | ||||||
8 | service in a program benefiting children
and a | ||||||
9 | mandatory fine of $2,500. | ||||||
10 | (C) Except as otherwise provided in subparagraph | ||||||
11 | (D) of this subdivision
(c)(11), for a second violation | ||||||
12 | of subsection (a) of Section 11-501 within 10
years, in
| ||||||
13 | addition to any other penalty that may be imposed under | ||||||
14 | subsection (c) of
Section 11-501: 25 days of community | ||||||
15 | service in a program benefiting children
and a minimum | ||||||
16 | fine of $2,500. | ||||||
17 | (D) For a second violation of subsection (a) of | ||||||
18 | Section 11-501 within
10 years, if the violation was | ||||||
19 | the proximate cause of an accident resulting in
bodily | ||||||
20 | harm to the person under the age of 16 being | ||||||
21 | transported, in addition to
any other penalty that may | ||||||
22 | be imposed under subsection (c) of
Section 11-501: 25 | ||||||
23 | days of community service in a program benefiting | ||||||
24 | children
and a mandatory fine of $5,000. | ||||||
25 | (E) For a third or subsequent violation of | ||||||
26 | subsection (a) of Section
11-501 within 20 years, in
| ||||||
27 | addition to any other penalty that may be imposed under | ||||||
28 | subsection (c) of
Section: 25 days of community service | ||||||
29 | in a program benefiting children and a
mandatory fine | ||||||
30 | of $25,000.
| ||||||
31 | (d) In any case in which a sentence originally imposed is | ||||||
32 | vacated,
the case shall be remanded to the trial court. The | ||||||
33 | trial court shall
hold a hearing under Section 5-4-1 of the | ||||||
34 | Unified Code of Corrections
which may include evidence of the |
| |||||||
| |||||||
1 | defendant's life, moral character and
occupation during the | ||||||
2 | time since the original sentence was passed. The
trial court | ||||||
3 | shall then impose sentence upon the defendant. The trial
court | ||||||
4 | may impose any sentence which could have been imposed at the
| ||||||
5 | original trial subject to Section 5-5-4 of the Unified Code of | ||||||
6 | Corrections.
If a sentence is vacated on appeal or on | ||||||
7 | collateral attack due to the
failure of the trier of fact at | ||||||
8 | trial to determine beyond a reasonable doubt
the
existence of a | ||||||
9 | fact (other than a prior conviction) necessary to increase the
| ||||||
10 | punishment for the offense beyond the statutory maximum | ||||||
11 | otherwise applicable,
either the defendant may be re-sentenced | ||||||
12 | to a term within the range otherwise
provided or, if the State | ||||||
13 | files notice of its intention to again seek the
extended | ||||||
14 | sentence, the defendant shall be afforded a new trial.
| ||||||
15 | (e) In cases where prosecution for
aggravated criminal | ||||||
16 | sexual abuse under Section 12-16 of the
Criminal Code of 1961 | ||||||
17 | results in conviction of a defendant
who was a family member of | ||||||
18 | the victim at the time of the commission of the
offense, the | ||||||
19 | court shall consider the safety and welfare of the victim and
| ||||||
20 | may impose a sentence of probation only where:
| ||||||
21 | (1) the court finds (A) or (B) or both are appropriate:
| ||||||
22 | (A) the defendant is willing to undergo a court | ||||||
23 | approved counseling
program for a minimum duration of 2 | ||||||
24 | years; or
| ||||||
25 | (B) the defendant is willing to participate in a | ||||||
26 | court approved plan
including but not limited to the | ||||||
27 | defendant's:
| ||||||
28 | (i) removal from the household;
| ||||||
29 | (ii) restricted contact with the victim;
| ||||||
30 | (iii) continued financial support of the | ||||||
31 | family;
| ||||||
32 | (iv) restitution for harm done to the victim; | ||||||
33 | and
| ||||||
34 | (v) compliance with any other measures that |
| |||||||
| |||||||
1 | the court may
deem appropriate; and
| ||||||
2 | (2) the court orders the defendant to pay for the | ||||||
3 | victim's counseling
services, to the extent that the court | ||||||
4 | finds, after considering the
defendant's income and | ||||||
5 | assets, that the defendant is financially capable of
paying | ||||||
6 | for such services, if the victim was under 18 years of age | ||||||
7 | at the
time the offense was committed and requires | ||||||
8 | counseling as a result of the
offense.
| ||||||
9 | Probation may be revoked or modified pursuant to Section | ||||||
10 | 5-6-4; except
where the court determines at the hearing that | ||||||
11 | the defendant violated a
condition of his or her probation | ||||||
12 | restricting contact with the victim or
other family members or | ||||||
13 | commits another offense with the victim or other
family | ||||||
14 | members, the court shall revoke the defendant's probation and
| ||||||
15 | impose a term of imprisonment.
| ||||||
16 | For the purposes of this Section, "family member" and | ||||||
17 | "victim" shall have
the meanings ascribed to them in Section | ||||||
18 | 12-12 of the Criminal Code of
1961.
| ||||||
19 | (f) This Article shall not deprive a court in other | ||||||
20 | proceedings to
order a forfeiture of property, to suspend or | ||||||
21 | cancel a license, to
remove a person from office, or to impose | ||||||
22 | any other civil penalty.
| ||||||
23 | (g) Whenever a defendant is convicted of an offense under | ||||||
24 | Sections
11-14, 11-15, 11-15.1, 11-16, 11-17, 11-18, 11-18.1, | ||||||
25 | 11-19, 11-19.1, 11-19.2,
12-13, 12-14, 12-14.1, 12-15 or 12-16 | ||||||
26 | of the Criminal Code of 1961,
the defendant shall undergo | ||||||
27 | medical testing to
determine whether the defendant has any | ||||||
28 | sexually transmissible disease,
including a test for infection | ||||||
29 | with human immunodeficiency virus (HIV) or
any other identified | ||||||
30 | causative agent of acquired immunodeficiency syndrome
(AIDS). | ||||||
31 | Any such medical test shall be performed only by appropriately
| ||||||
32 | licensed medical practitioners and may include an analysis of | ||||||
33 | any bodily
fluids as well as an examination of the defendant's | ||||||
34 | person.
Except as otherwise provided by law, the results of |
| |||||||
| |||||||
1 | such test shall be kept
strictly confidential by all medical | ||||||
2 | personnel involved in the testing and must
be personally | ||||||
3 | delivered in a sealed envelope to the judge of the court in | ||||||
4 | which
the conviction was entered for the judge's inspection in | ||||||
5 | camera. Acting in
accordance with the best interests of the | ||||||
6 | victim and the public, the judge
shall have the discretion to | ||||||
7 | determine to whom, if anyone, the results of the
testing may be | ||||||
8 | revealed. The court shall notify the defendant
of the test | ||||||
9 | results. The court shall
also notify the victim if requested by | ||||||
10 | the victim, and if the victim is under
the age of 15 and if | ||||||
11 | requested by the victim's parents or legal guardian, the
court | ||||||
12 | shall notify the victim's parents or legal guardian of the test
| ||||||
13 | results.
The court shall provide information on the | ||||||
14 | availability of HIV testing
and counseling at Department of | ||||||
15 | Public Health facilities to all parties to
whom the results of | ||||||
16 | the testing are revealed and shall direct the State's
Attorney | ||||||
17 | to provide the information to the victim when possible.
A | ||||||
18 | State's Attorney may petition the court to obtain the results | ||||||
19 | of any HIV test
administered under this Section, and the court | ||||||
20 | shall grant the disclosure if
the State's Attorney shows it is | ||||||
21 | relevant in order to prosecute a charge of
criminal | ||||||
22 | transmission of HIV under Section 12-16.2 of the Criminal Code | ||||||
23 | of 1961
against the defendant. The court shall order that the | ||||||
24 | cost of any such test
shall be paid by the county and may be | ||||||
25 | taxed as costs against the convicted
defendant.
| ||||||
26 | (g-5) When an inmate is tested for an airborne communicable | ||||||
27 | disease, as
determined by the Illinois Department of Public | ||||||
28 | Health including but not
limited to tuberculosis, the results | ||||||
29 | of the test shall be
personally delivered by the warden or his | ||||||
30 | or her designee in a sealed envelope
to the judge of the court | ||||||
31 | in which the inmate must appear for the judge's
inspection in | ||||||
32 | camera if requested by the judge. Acting in accordance with the
| ||||||
33 | best interests of those in the courtroom, the judge shall have | ||||||
34 | the discretion
to determine what if any precautions need to be |
| |||||||
| |||||||
1 | taken to prevent transmission
of the disease in the courtroom.
| ||||||
2 | (h) Whenever a defendant is convicted of an offense under | ||||||
3 | Section 1 or 2
of the Hypodermic Syringes and Needles Act, the | ||||||
4 | defendant shall undergo
medical testing to determine whether | ||||||
5 | the defendant has been exposed to human
immunodeficiency virus | ||||||
6 | (HIV) or any other identified causative agent of
acquired | ||||||
7 | immunodeficiency syndrome (AIDS). Except as otherwise provided | ||||||
8 | by
law, the results of such test shall be kept strictly | ||||||
9 | confidential by all
medical personnel involved in the testing | ||||||
10 | and must be personally delivered in a
sealed envelope to the | ||||||
11 | judge of the court in which the conviction was entered
for the | ||||||
12 | judge's inspection in camera. Acting in accordance with the | ||||||
13 | best
interests of the public, the judge shall have the | ||||||
14 | discretion to determine to
whom, if anyone, the results of the | ||||||
15 | testing may be revealed. The court shall
notify the defendant | ||||||
16 | of a positive test showing an infection with the human
| ||||||
17 | immunodeficiency virus (HIV). The court shall provide | ||||||
18 | information on the
availability of HIV testing and counseling | ||||||
19 | at Department of Public Health
facilities to all parties to | ||||||
20 | whom the results of the testing are revealed and
shall direct | ||||||
21 | the State's Attorney to provide the information to the victim | ||||||
22 | when
possible. A State's Attorney may petition the court to | ||||||
23 | obtain the results of
any HIV test administered under this | ||||||
24 | Section, and the court shall grant the
disclosure if the | ||||||
25 | State's Attorney shows it is relevant in order to prosecute a
| ||||||
26 | charge of criminal transmission of HIV under Section 12-16.2 of | ||||||
27 | the Criminal
Code of 1961 against the defendant. The court | ||||||
28 | shall order that the cost of any
such test shall be paid by the | ||||||
29 | county and may be taxed as costs against the
convicted | ||||||
30 | defendant.
| ||||||
31 | (i) All fines and penalties imposed under this Section for | ||||||
32 | any violation
of Chapters 3, 4, 6, and 11 of the Illinois | ||||||
33 | Vehicle Code, or a similar
provision of a local ordinance, and | ||||||
34 | any violation
of the Child Passenger Protection Act, or a |
| |||||||
| |||||||
1 | similar provision of a local
ordinance, shall be collected and | ||||||
2 | disbursed by the circuit
clerk as provided under Section 27.5 | ||||||
3 | of the Clerks of Courts Act.
| ||||||
4 | (j) In cases when prosecution for any violation of Section | ||||||
5 | 11-6, 11-8,
11-9, 11-11, 11-14, 11-15, 11-15.1, 11-16, 11-17, | ||||||
6 | 11-17.1, 11-18, 11-18.1,
11-19, 11-19.1, 11-19.2, 11-20.1, | ||||||
7 | 11-21, 12-13, 12-14, 12-14.1, 12-15, or
12-16 of the
Criminal | ||||||
8 | Code of 1961, any violation of the Illinois Controlled | ||||||
9 | Substances Act,
or any violation of the Cannabis Control Act | ||||||
10 | results in conviction, a
disposition of court supervision, or | ||||||
11 | an order of probation granted under
Section 10 of the Cannabis | ||||||
12 | Control Act or Section 410 of the Illinois
Controlled Substance | ||||||
13 | Act of a defendant, the court shall determine whether the
| ||||||
14 | defendant is employed by a facility or center as defined under | ||||||
15 | the Child Care
Act of 1969, a public or private elementary or | ||||||
16 | secondary school, or otherwise
works with children under 18 | ||||||
17 | years of age on a daily basis. When a defendant
is so employed, | ||||||
18 | the court shall order the Clerk of the Court to send a copy of
| ||||||
19 | the judgment of conviction or order of supervision or probation | ||||||
20 | to the
defendant's employer by certified mail.
If the employer | ||||||
21 | of the defendant is a school, the Clerk of the Court shall
| ||||||
22 | direct the mailing of a copy of the judgment of conviction or | ||||||
23 | order of
supervision or probation to the appropriate regional | ||||||
24 | superintendent of schools.
The regional superintendent of | ||||||
25 | schools shall notify the State Board of
Education of any | ||||||
26 | notification under this subsection.
| ||||||
27 | (j-5) A defendant at least 17 years of age who is convicted | ||||||
28 | of a felony and
who has not been previously convicted of a | ||||||
29 | misdemeanor or felony and who is
sentenced to a term of | ||||||
30 | imprisonment in the Illinois Department of Corrections
shall as | ||||||
31 | a condition of his or her sentence be required by the court to | ||||||
32 | attend
educational courses designed to prepare the defendant | ||||||
33 | for a high school diploma
and to work toward a high school | ||||||
34 | diploma or to work toward passing the high
school level Test of |
| |||||||
| |||||||
1 | General Educational Development (GED) or to work toward
| ||||||
2 | completing a vocational training program offered by the | ||||||
3 | Department of
Corrections. If a defendant fails to complete the | ||||||
4 | educational training
required by his or her sentence during the | ||||||
5 | term of incarceration, the Prisoner
Review Board shall, as a | ||||||
6 | condition of mandatory supervised release, require the
| ||||||
7 | defendant, at his or her own expense, to pursue a course of | ||||||
8 | study toward a high
school diploma or passage of the GED test. | ||||||
9 | The Prisoner Review Board shall
revoke the mandatory supervised | ||||||
10 | release of a defendant who wilfully fails to
comply with this | ||||||
11 | subsection (j-5) upon his or her release from confinement in a
| ||||||
12 | penal institution while serving a mandatory supervised release | ||||||
13 | term; however,
the inability of the defendant after making a | ||||||
14 | good faith effort to obtain
financial aid or pay for the | ||||||
15 | educational training shall not be deemed a wilful
failure to | ||||||
16 | comply. The Prisoner Review Board shall recommit the defendant
| ||||||
17 | whose mandatory supervised release term has been revoked under | ||||||
18 | this subsection
(j-5) as provided in Section 3-3-9. This | ||||||
19 | subsection (j-5) does not apply to a
defendant who has a high | ||||||
20 | school diploma or has successfully passed the GED
test. This | ||||||
21 | subsection (j-5) does not apply to a defendant who is | ||||||
22 | determined by
the court to be developmentally disabled or | ||||||
23 | otherwise mentally incapable of
completing the educational or | ||||||
24 | vocational program.
| ||||||
25 | (k) A court may not impose a sentence or disposition for a
| ||||||
26 | felony or misdemeanor that requires the defendant to be | ||||||
27 | implanted or injected
with or to use any form of birth control.
| ||||||
28 | (l) (A) Except as provided
in paragraph (C) of subsection | ||||||
29 | (l), whenever a defendant,
who is an alien as defined by | ||||||
30 | the Immigration and Nationality Act, is convicted
of any | ||||||
31 | felony or misdemeanor offense, the court after sentencing | ||||||
32 | the defendant
may, upon motion of the State's Attorney, | ||||||
33 | hold sentence in abeyance and remand
the defendant to the | ||||||
34 | custody of the Attorney General of
the United States or his |
| |||||||
| |||||||
1 | or her designated agent to be deported when:
| ||||||
2 | (1) a final order of deportation has been issued | ||||||
3 | against the defendant
pursuant to proceedings under | ||||||
4 | the Immigration and Nationality Act, and
| ||||||
5 | (2) the deportation of the defendant would not | ||||||
6 | deprecate the seriousness
of the defendant's conduct | ||||||
7 | and would not be inconsistent with the ends of
justice.
| ||||||
8 | Otherwise, the defendant shall be sentenced as | ||||||
9 | provided in this Chapter V.
| ||||||
10 | (B) If the defendant has already been sentenced for a | ||||||
11 | felony or
misdemeanor
offense, or has been placed on | ||||||
12 | probation under Section 10 of the Cannabis
Control Act or | ||||||
13 | Section 410 of the Illinois Controlled Substances Act, the | ||||||
14 | court
may, upon motion of the State's Attorney to suspend | ||||||
15 | the
sentence imposed, commit the defendant to the custody | ||||||
16 | of the Attorney General
of the United States or his or her | ||||||
17 | designated agent when:
| ||||||
18 | (1) a final order of deportation has been issued | ||||||
19 | against the defendant
pursuant to proceedings under | ||||||
20 | the Immigration and Nationality Act, and
| ||||||
21 | (2) the deportation of the defendant would not | ||||||
22 | deprecate the seriousness
of the defendant's conduct | ||||||
23 | and would not be inconsistent with the ends of
justice.
| ||||||
24 | (C) This subsection (l) does not apply to offenders who | ||||||
25 | are subject to the
provisions of paragraph (2) of | ||||||
26 | subsection (a) of Section 3-6-3.
| ||||||
27 | (D) Upon motion of the State's Attorney, if a defendant | ||||||
28 | sentenced under
this Section returns to the jurisdiction of | ||||||
29 | the United States, the defendant
shall be recommitted to | ||||||
30 | the custody of the county from which he or she was
| ||||||
31 | sentenced.
Thereafter, the defendant shall be brought | ||||||
32 | before the sentencing court, which
may impose any sentence | ||||||
33 | that was available under Section 5-5-3 at the time of
| ||||||
34 | initial sentencing. In addition, the defendant shall not be |
| |||||||
| |||||||
1 | eligible for
additional good conduct credit for | ||||||
2 | meritorious service as provided under
Section 3-6-6.
| ||||||
3 | (m) A person convicted of criminal defacement of property | ||||||
4 | under Section
21-1.3 of the Criminal Code of 1961, in which the | ||||||
5 | property damage exceeds $300
and the property damaged is a | ||||||
6 | school building, shall be ordered to perform
community service | ||||||
7 | that may include cleanup, removal, or painting over the
| ||||||
8 | defacement.
| ||||||
9 | (n) The court may sentence a person convicted of a | ||||||
10 | violation of Section
12-19, 12-21, or 16-1.3 of the Criminal | ||||||
11 | Code of 1961 (i) to an impact
incarceration program if the | ||||||
12 | person is otherwise eligible for that program
under Section | ||||||
13 | 5-8-1.1, (ii) to community service, or (iii) if the person is | ||||||
14 | an
addict or alcoholic, as defined in the Alcoholism and Other | ||||||
15 | Drug Abuse and
Dependency Act, to a substance or alcohol abuse | ||||||
16 | program licensed under that
Act.
| ||||||
17 | (Source: P.A. 92-183, eff. 7-27-01; 92-248, eff. 8-3-01; | ||||||
18 | 92-283, eff.
1-1-02; 92-340, eff. 8-10-01; 92-418, eff. | ||||||
19 | 8-17-01; 92-422, eff. 8-17-01;
92-651, eff. 7-11-02; 92-698, | ||||||
20 | eff. 7-19-02; 93-44, eff. 7-1-03; 93-156, eff.
1-1-04; 93-169, | ||||||
21 | eff. 7-10-03; 93-301, eff. 1-1-04; 93-419, eff. 1-1-04;
93-546, | ||||||
22 | eff. 1-1-04; revised 10-9-03 .)".
|