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1 | AN ACT in relation to 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 12-12, 12-13, and 12-16 as follows:
| ||||||||||||||||||||||||||||||||
6 | (720 ILCS 5/12-12) (from Ch. 38, par. 12-12)
| ||||||||||||||||||||||||||||||||
7 | Sec. 12-12. Definitions. For the purposes of Sections | ||||||||||||||||||||||||||||||||
8 | 12-13 through
12-18 of this Code, the terms used in these | ||||||||||||||||||||||||||||||||
9 | Sections shall have the following
meanings ascribed to them:
| ||||||||||||||||||||||||||||||||
10 | (a) "Accused" means a person accused of an offense | ||||||||||||||||||||||||||||||||
11 | prohibited by Sections
12-13, 12-14, 12-15 or 12-16 of this | ||||||||||||||||||||||||||||||||
12 | Code or a person for whose conduct
the accused is legally | ||||||||||||||||||||||||||||||||
13 | responsible under Article 5 of this Code.
| ||||||||||||||||||||||||||||||||
14 | (b) "Bodily harm" means physical harm, and includes, but is | ||||||||||||||||||||||||||||||||
15 | not limited
to, sexually transmitted disease, pregnancy and | ||||||||||||||||||||||||||||||||
16 | impotence.
| ||||||||||||||||||||||||||||||||
17 | (c) (Blank)
"Family member" means a parent, grandparent, or
| ||||||||||||||||||||||||||||||||
18 | child, whether by whole blood, half-blood or adoption and
| ||||||||||||||||||||||||||||||||
19 | includes a step-grandparent, step-parent or step-child.
| ||||||||||||||||||||||||||||||||
20 | "Family member" also means, where the victim is a child under | ||||||||||||||||||||||||||||||||
21 | 18 years of
age, an accused who has
resided in the household | ||||||||||||||||||||||||||||||||
22 | with such child continuously for at least one year .
| ||||||||||||||||||||||||||||||||
23 | (d) "Force or threat of force" means the use of force
or | ||||||||||||||||||||||||||||||||
24 | violence, or the threat of force or violence, including but
not | ||||||||||||||||||||||||||||||||
25 | limited to the following situations:
| ||||||||||||||||||||||||||||||||
26 | (1) when the accused threatens to use force or violence | ||||||||||||||||||||||||||||||||
27 | on the
victim or on any other person, and the victim under | ||||||||||||||||||||||||||||||||
28 | the circumstances
reasonably believed that the accused had | ||||||||||||||||||||||||||||||||
29 | the ability to execute that threat; or
| ||||||||||||||||||||||||||||||||
30 | (2) when the accused has overcome the victim by use of | ||||||||||||||||||||||||||||||||
31 | superior strength
or size, physical restraint or physical | ||||||||||||||||||||||||||||||||
32 | confinement.
|
| |||||||
| |||||||
1 | (e) "Sexual conduct" means any intentional or knowing | ||||||
2 | touching or fondling
by the victim or the accused, either | ||||||
3 | directly or through clothing, of the
sex organs, anus or breast | ||||||
4 | of the victim or the accused, or any part of
the body of a child | ||||||
5 | under 13 years of age, or any transfer or transmission of
semen | ||||||
6 | by the accused upon any part of the clothed or unclothed body | ||||||
7 | of the
victim, for the purpose of sexual
gratification or | ||||||
8 | arousal of the victim or the accused.
| ||||||
9 | (f) "Sexual penetration" means any contact, however | ||||||
10 | slight, between the
sex organ or anus of one person by an | ||||||
11 | object, the sex organ,
mouth or anus of another person,
or any | ||||||
12 | intrusion, however slight, of any part of the body of one | ||||||
13 | person or
of any animal or object into the sex organ or anus of | ||||||
14 | another person,
including but not limited to cunnilingus, | ||||||
15 | fellatio or anal penetration.
Evidence of emission of semen is | ||||||
16 | not required to prove sexual penetration.
| ||||||
17 | (g) "Victim" means a person alleging to have been subjected | ||||||
18 | to an offense
prohibited by Sections 12-13, 12-14, 12-15 or | ||||||
19 | 12-16 of this Code.
| ||||||
20 | (Source: P.A. 91-116, eff. 1-1-00.)
| ||||||
21 | (720 ILCS 5/12-13) (from Ch. 38, par. 12-13)
| ||||||
22 | Sec. 12-13. Criminal Sexual Assault.
| ||||||
23 | (a) The accused commits criminal sexual assault if he or | ||||||
24 | she:
| ||||||
25 | (1) commits an act of sexual penetration by the use of | ||||||
26 | force or threat of
force; or
| ||||||
27 | (2) commits an act of sexual penetration and the | ||||||
28 | accused knew that the
victim was unable to understand the | ||||||
29 | nature of the act or was unable to give
knowing consent; or
| ||||||
30 | (3) (blank)
commits an act of sexual penetration with a | ||||||
31 | victim who
was under 18
years of age when the act was | ||||||
32 | committed and the accused was a family
member ; or
| ||||||
33 | (4) commits an act of sexual penetration with a victim | ||||||
34 | who was at
least 13 years of age but under 18 years of age | ||||||
35 | when the act was committed
and the accused was 17 years of |
| |||||||
| |||||||
1 | age or over and held a position of trust,
authority or | ||||||
2 | supervision in relation to the victim.
| ||||||
3 | (b) Sentence.
| ||||||
4 | (1) Criminal sexual assault is a Class 1 felony.
| ||||||
5 | (2) A person who is convicted of the offense of | ||||||
6 | criminal sexual assault as
defined in paragraph (a)(1) or | ||||||
7 | (a)(2) after having previously been convicted of
the | ||||||
8 | offense of criminal sexual assault, or who is convicted of | ||||||
9 | the offense of
criminal sexual assault as defined in | ||||||
10 | paragraph (a)(1) or (a)(2) after having
previously been | ||||||
11 | convicted under the laws of this State or any other state | ||||||
12 | of an
offense that is substantially equivalent to the | ||||||
13 | offense of criminal sexual
assault, commits a Class X | ||||||
14 | felony for which the person shall be sentenced to a
term of | ||||||
15 | imprisonment of not less than 30 years and not more than 60 | ||||||
16 | years. The
commission of the second or subsequent offense | ||||||
17 | is required to have been after
the initial conviction for | ||||||
18 | this paragraph (2) to apply.
| ||||||
19 | (3) A person who is convicted of the offense of | ||||||
20 | criminal sexual assault as
defined in paragraph (a)(1) or | ||||||
21 | (a)(2) after having previously been convicted of
the | ||||||
22 | offense of aggravated criminal sexual assault or the | ||||||
23 | offense of predatory
criminal sexual assault of a child, or | ||||||
24 | who is convicted of the offense of
criminal sexual assault | ||||||
25 | as defined in paragraph (a)(1) or (a)(2) after having
| ||||||
26 | previously been convicted under the laws of this State or | ||||||
27 | any other state of an
offense that is substantially | ||||||
28 | equivalent to the offense of aggravated criminal
sexual | ||||||
29 | assault or the offense of criminal predatory sexual assault | ||||||
30 | shall be
sentenced to a term of natural life imprisonment. | ||||||
31 | The commission of the second
or subsequent offense is | ||||||
32 | required to have been after the initial conviction for
this | ||||||
33 | paragraph (3) to apply.
| ||||||
34 | (4) A second or subsequent conviction for a violation | ||||||
35 | of paragraph
(a)(3) or (a)(4) or under any similar statute | ||||||
36 | of this State
or any other state for any offense involving |
| |||||||
| |||||||
1 | criminal sexual assault that is
substantially equivalent | ||||||
2 | to or more serious than the sexual assault prohibited
under | ||||||
3 | paragraph (a)(3) or (a)(4) is a Class X felony.
| ||||||
4 | (5) When a person has any such prior conviction, the | ||||||
5 | information or
indictment charging that person shall state | ||||||
6 | such prior conviction so as to give
notice of the State's | ||||||
7 | intention to treat the charge as a Class X felony. The
fact | ||||||
8 | of such prior conviction is not an element of the offense | ||||||
9 | and may not be
disclosed to the jury during trial unless | ||||||
10 | otherwise permitted by issues
properly raised during such | ||||||
11 | trial.
| ||||||
12 | (Source: P.A. 90-396, eff. 1-1-98.)
| ||||||
13 | (720 ILCS 5/12-16) (from Ch. 38, par. 12-16)
| ||||||
14 | Sec. 12-16. Aggravated Criminal Sexual Abuse.
| ||||||
15 | (a) The accused commits aggravated criminal sexual abuse if | ||||||
16 | he or she
commits criminal sexual abuse as defined in | ||||||
17 | subsection (a) of Section 12-15
of this Code and any of the | ||||||
18 | following aggravating
circumstances existed during, or for the | ||||||
19 | purposes of paragraph (7) of this
subsection (a) as part of the | ||||||
20 | same course of conduct as, the commission of
the
offense:
| ||||||
21 | (1) the accused displayed, threatened to use or used a | ||||||
22 | dangerous weapon
or any object fashioned or utilized in | ||||||
23 | such a manner as to lead the victim
under the circumstances | ||||||
24 | reasonably to believe it to be a dangerous weapon; or
| ||||||
25 | (2) the accused caused bodily harm to the victim; or
| ||||||
26 | (3) the victim was 60 years of age or over when the | ||||||
27 | offense was committed;
or
| ||||||
28 | (4) the victim was a physically handicapped person; or
| ||||||
29 | (5) the accused acted in such a manner as to threaten | ||||||
30 | or endanger the
life of the victim or any other person; or
| ||||||
31 | (6) the criminal sexual abuse was perpetrated during | ||||||
32 | the course of the
commission or attempted commission of any | ||||||
33 | other felony by the accused; or
| ||||||
34 | (7) the accused delivered (by injection, inhalation, | ||||||
35 | ingestion, transfer
of possession, or any other means) to |
| |||||||
| |||||||
1 | the victim without his or her consent, or
by threat or | ||||||
2 | deception,
and for other than medical
purposes, any
| ||||||
3 | controlled substance.
| ||||||
4 | (b) (Blank)
The accused commits aggravated criminal sexual | ||||||
5 | abuse if he
or she
commits an act of sexual conduct with a | ||||||
6 | victim who was under 18
years of age when the act was committed
| ||||||
7 | and the accused was a family member .
| ||||||
8 | (c) The accused commits aggravated criminal sexual abuse | ||||||
9 | if:
| ||||||
10 | (1) the accused was 17 years of age or over and (i) | ||||||
11 | commits an act of
sexual
conduct with a victim who was | ||||||
12 | under 13 years of age when the
act was committed; or
(ii) | ||||||
13 | commits an act of sexual conduct with a victim who was at | ||||||
14 | least 13
years of age but under 17 years of age when the | ||||||
15 | act was committed and the
accused used force or threat of | ||||||
16 | force to commit the act; or
| ||||||
17 | (2) the accused was under 17 years of age and (i) | ||||||
18 | commits an act of
sexual conduct with a victim who was | ||||||
19 | under 9 years of age when the act was
committed; or (ii) | ||||||
20 | commits an act of sexual conduct with a victim who was
at | ||||||
21 | least 9 years of age but under 17 years of age when the act | ||||||
22 | was
committed and the accused used force or threat of force | ||||||
23 | to commit the act.
| ||||||
24 | (d) The accused commits aggravated criminal sexual abuse if | ||||||
25 | he or she
commits an act of sexual penetration or sexual | ||||||
26 | conduct with a victim
who was at least 13
years of age but | ||||||
27 | under 17 years of age and the accused was at least 5 years
| ||||||
28 | older than the victim.
| ||||||
29 | (e) The accused commits aggravated criminal sexual abuse if | ||||||
30 | he or she
commits an act of sexual conduct with a victim who | ||||||
31 | was a
severely or profoundly mentally retarded person at the | ||||||
32 | time the act was
committed.
| ||||||
33 | (f) The accused commits aggravated criminal sexual abuse if
| ||||||
34 | he or she commits an act of sexual conduct with a victim who | ||||||
35 | was at least
13 years of age but under 18 years of age when the | ||||||
36 | act was committed and
the accused was 17 years of age or over |
| |||||||
| |||||||
1 | and held a position of trust,
authority or supervision in | ||||||
2 | relation to the victim.
| ||||||
3 | (g) Sentence. Aggravated criminal sexual abuse is a Class 2 | ||||||
4 | felony.
| ||||||
5 | (Source: P.A. 92-434, eff. 1-1-02.)
| ||||||
6 | Section 10. The Unified Code of Corrections is amended by | ||||||
7 | changing
Sections 5-5-3 and 5-9-1.7 as follows:
| ||||||
8 | (730 ILCS 5/5-5-3) (from Ch. 38, par. 1005-5-3)
| ||||||
9 | Sec. 5-5-3. Disposition.
| ||||||
10 | (a) Every person convicted of an offense shall be sentenced | ||||||
11 | as provided
in this Section.
| ||||||
12 | (b) The following options shall be appropriate | ||||||
13 | dispositions, alone
or in combination, for all felonies and | ||||||
14 | misdemeanors other than those
identified in subsection (c) of | ||||||
15 | this Section:
| ||||||
16 | (1) A period of probation.
| ||||||
17 | (2) A term of periodic imprisonment.
| ||||||
18 | (3) A term of conditional discharge.
| ||||||
19 | (4) A term of imprisonment.
| ||||||
20 | (5) An order directing the offender to clean up and | ||||||
21 | repair the
damage, if the offender was convicted under | ||||||
22 | paragraph (h) of Section
21-1 of the Criminal Code of 1961 | ||||||
23 | (now repealed) .
| ||||||
24 | (6) A fine.
| ||||||
25 | (7) An order directing the offender to make restitution | ||||||
26 | to the
victim under Section 5-5-6 of this Code.
| ||||||
27 | (8) A sentence of participation in a county impact | ||||||
28 | incarceration
program under Section 5-8-1.2 of this Code.
| ||||||
29 | Whenever an individual is sentenced for an offense based | ||||||
30 | upon an
arrest for a violation of Section 11-501 of the | ||||||
31 | Illinois Vehicle Code, or a
similar provision of a local | ||||||
32 | ordinance, and the professional evaluation
recommends remedial | ||||||
33 | or rehabilitative treatment or education, neither the
| ||||||
34 | treatment nor the education shall be the sole disposition and |
| |||||||
| |||||||
1 | either or
both may be imposed only in conjunction with another | ||||||
2 | disposition.
The court shall monitor compliance with any | ||||||
3 | remedial education or treatment
recommendations contained in | ||||||
4 | the professional evaluation. Programs
conducting alcohol or | ||||||
5 | other drug evaluation or remedial education must be
licensed by | ||||||
6 | the Department of Human Services. However,
if the individual is | ||||||
7 | not a resident of Illinois, the court may accept an
alcohol or | ||||||
8 | other drug evaluation or remedial education program in the | ||||||
9 | state
of such individual's residence. Programs providing | ||||||
10 | treatment must be
licensed under existing applicable | ||||||
11 | alcoholism and drug treatment licensure
standards.
| ||||||
12 | In addition to any other fine or penalty required by law, | ||||||
13 | any
individual convicted of a violation of Section 11-501 of | ||||||
14 | the Illinois
Vehicle Code, Section 5-7 of the Snowmobile | ||||||
15 | Registration and Safety Act,
Section 5-16 of the Boat | ||||||
16 | Registration and Safety Act, or a similar provision of
local | ||||||
17 | ordinance, whose operation of
a motor vehicle while in | ||||||
18 | violation of Section 11-501, Section 5-7, Section
5-16, or such | ||||||
19 | ordinance
proximately caused an incident resulting in an | ||||||
20 | appropriate emergency
response, shall be required to make | ||||||
21 | restitution to a public agency for the
costs of that emergency | ||||||
22 | response. Such restitution shall not exceed $1,000 per
public | ||||||
23 | agency for each such emergency response. For the purpose
of
| ||||||
24 | this paragraph, emergency response shall mean any incident | ||||||
25 | requiring a response
by: a police officer as defined under | ||||||
26 | Section 1-162 of the Illinois Vehicle
Code; a fireman carried | ||||||
27 | on the rolls of a regularly constituted fire
department; and an | ||||||
28 | ambulance as defined under Section 3.85 of the
Emergency | ||||||
29 | Medical Services (EMS) Systems Act.
| ||||||
30 | Neither a fine nor restitution shall be the sole | ||||||
31 | disposition
for a felony and either or both may be imposed only | ||||||
32 | in conjunction with
another disposition.
| ||||||
33 | (c) (1) When a defendant is found guilty of first degree | ||||||
34 | murder the
State may either seek a sentence of imprisonment | ||||||
35 | under Section 5-8-1 of
this Code, or where appropriate seek | ||||||
36 | a sentence of death under Section 9-1
of the Criminal Code |
| |||||||
| |||||||
1 | of 1961.
| ||||||
2 | (2) A period of probation, a term of periodic | ||||||
3 | imprisonment or
conditional discharge shall not be imposed | ||||||
4 | for the following offenses.
The court shall sentence the | ||||||
5 | offender to not less than the minimum term
of imprisonment | ||||||
6 | set forth in this Code for the following offenses, and
may | ||||||
7 | order a fine or restitution or both in conjunction with | ||||||
8 | such term of
imprisonment:
| ||||||
9 | (A) First degree murder where the death penalty is | ||||||
10 | not imposed.
| ||||||
11 | (B) Attempted first degree murder.
| ||||||
12 | (C) A Class X felony.
| ||||||
13 | (D) A violation of Section 401.1 or 407 of the
| ||||||
14 | Illinois Controlled Substances Act, or a violation of | ||||||
15 | subdivision (c)(1) or
(c)(2) of
Section 401 of that Act | ||||||
16 | which relates to more than 5 grams of a substance
| ||||||
17 | containing heroin or cocaine or an analog thereof.
| ||||||
18 | (E) A violation of Section 5.1 or 9 of the Cannabis | ||||||
19 | Control
Act.
| ||||||
20 | (F) A Class 2 or greater felony if the offender had | ||||||
21 | been convicted
of a Class 2 or greater felony within 10 | ||||||
22 | years of the date on which the
offender
committed the | ||||||
23 | offense for which he or she is being sentenced, except | ||||||
24 | as
otherwise provided in Section 40-10 of the | ||||||
25 | Alcoholism and Other Drug Abuse and
Dependency Act.
| ||||||
26 | (G) Residential burglary, except as otherwise | ||||||
27 | provided in Section 40-10
of the Alcoholism and Other | ||||||
28 | Drug Abuse and Dependency Act.
| ||||||
29 | (H) Criminal sexual assault or aggravated criminal | ||||||
30 | sexual abuse .
| ||||||
31 | (I) Aggravated battery of a senior citizen.
| ||||||
32 | (J) A forcible felony if the offense was related to | ||||||
33 | the activities of an
organized gang.
| ||||||
34 | Before July 1, 1994, for the purposes of this | ||||||
35 | paragraph, "organized
gang" means an association of 5 | ||||||
36 | or more persons, with an established hierarchy,
that |
| |||||||
| |||||||
1 | encourages members of the association to perpetrate | ||||||
2 | crimes or provides
support to the members of the | ||||||
3 | association who do commit crimes.
| ||||||
4 | Beginning July 1, 1994, for the purposes of this | ||||||
5 | paragraph,
"organized gang" has the meaning ascribed | ||||||
6 | to it in Section 10 of the Illinois
Streetgang | ||||||
7 | Terrorism Omnibus Prevention Act.
| ||||||
8 | (K) Vehicular hijacking.
| ||||||
9 | (L) A second or subsequent conviction for the | ||||||
10 | offense of hate crime
when the underlying offense upon | ||||||
11 | which the hate crime is based is felony
aggravated
| ||||||
12 | assault or felony mob action.
| ||||||
13 | (M) A second or subsequent conviction for the | ||||||
14 | offense of institutional
vandalism if the damage to the | ||||||
15 | property exceeds $300.
| ||||||
16 | (N) A Class 3 felony violation of paragraph (1) of | ||||||
17 | subsection (a) of
Section 2 of the Firearm Owners | ||||||
18 | Identification Card Act.
| ||||||
19 | (O) A violation of Section 12-6.1 of the Criminal | ||||||
20 | Code of 1961.
| ||||||
21 | (P) A violation of paragraph (1), (2), (3), (4), | ||||||
22 | (5), or (7) of
subsection (a)
of Section 11-20.1 of the | ||||||
23 | Criminal Code of 1961.
| ||||||
24 | (Q) A violation of Section 20-1.2 or 20-1.3 of the | ||||||
25 | Criminal Code of
1961.
| ||||||
26 | (R) A violation of Section 24-3A of the Criminal | ||||||
27 | Code of
1961.
| ||||||
28 | (S) A violation of Section 11-501(c-1)(3) of the | ||||||
29 | Illinois Vehicle
Code.
| ||||||
30 | (T) A second or subsequent violation of paragraph | ||||||
31 | (6.6) of subsection
(a), subsection (c-5), or | ||||||
32 | subsection (d-5) of Section 401 of the Illinois
| ||||||
33 | Controlled Substances Act.
| ||||||
34 | (3) A minimum term of imprisonment of not less than 5 | ||||||
35 | days
or 30 days of community service as may be determined | ||||||
36 | 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.
| ||||||
35 | (4.5) A minimum term of imprisonment of 30 days
shall | ||||||
36 | be imposed for a third violation of subsection (c) of
|
| |||||||
| |||||||
1 | Section 6-303 of the Illinois Vehicle Code.
| ||||||
2 |
| ||||||
3 | (4.6) A minimum term of imprisonment of 180 days shall | ||||||
4 | be imposed for a
fourth or subsequent violation of | ||||||
5 | subsection (c) of Section 6-303 of the
Illinois Vehicle | ||||||
6 | Code.
| ||||||
7 | (5) The court may sentence an offender convicted of a | ||||||
8 | business
offense or a petty offense or a corporation or | ||||||
9 | unincorporated
association convicted of any offense to:
| ||||||
10 | (A) a period of conditional discharge;
| ||||||
11 | (B) a fine;
| ||||||
12 | (C) make restitution to the victim under Section | ||||||
13 | 5-5-6 of this Code.
| ||||||
14 | (5.1) In addition to any penalties imposed under | ||||||
15 | paragraph (5) of this
subsection (c), and except as | ||||||
16 | provided in paragraph (5.2) or (5.3), a person
convicted of | ||||||
17 | violating subsection (c) of Section 11-907 of the Illinois
| ||||||
18 | Vehicle Code shall have his or her driver's license, | ||||||
19 | permit, or privileges
suspended for at least 90 days but | ||||||
20 | not more than one year, if the violation
resulted in damage | ||||||
21 | to the property of another person.
| ||||||
22 | (5.2) In addition to any penalties imposed under | ||||||
23 | paragraph (5) of this
subsection (c), and except as | ||||||
24 | provided in paragraph (5.3), a person convicted
of | ||||||
25 | violating subsection (c) of Section 11-907 of the Illinois | ||||||
26 | Vehicle Code
shall have his or her driver's license, | ||||||
27 | permit, or privileges suspended for at
least 180 days but | ||||||
28 | not more than 2 years, if the violation resulted in injury
| ||||||
29 | to
another person.
| ||||||
30 | (5.3) In addition to any penalties imposed under | ||||||
31 | paragraph (5) of
this
subsection (c), a person convicted of | ||||||
32 | violating subsection (c) of Section
11-907 of the Illinois | ||||||
33 | Vehicle Code shall have his or her driver's license,
| ||||||
34 | permit, or privileges suspended for 2 years, if the | ||||||
35 | violation resulted in the
death of another person.
| ||||||
36 | (6) In no case shall an offender be eligible for a |
| |||||||
| |||||||
1 | disposition of
probation or conditional discharge for a | ||||||
2 | Class 1 felony committed while
he was serving a term of | ||||||
3 | probation or conditional discharge for a felony.
| ||||||
4 | (7) When a defendant is adjudged a habitual criminal | ||||||
5 | under Article
33B of the Criminal Code of 1961, the court | ||||||
6 | shall sentence
the defendant to a term of natural life | ||||||
7 | imprisonment.
| ||||||
8 | (8) When a defendant, over the age of 21 years, is | ||||||
9 | convicted of a
Class 1 or Class 2 felony, after having | ||||||
10 | twice been convicted
in any state or
federal court of an | ||||||
11 | offense that contains the same elements as an offense now
| ||||||
12 | classified in Illinois as a Class 2 or greater Class felony
| ||||||
13 | and such charges are
separately brought and tried and arise | ||||||
14 | out of different series of acts,
such defendant shall be | ||||||
15 | sentenced as a Class X offender. This paragraph
shall not | ||||||
16 | apply unless (1) the first felony was committed after the
| ||||||
17 | effective date of this amendatory Act of 1977; and (2) the | ||||||
18 | second felony
was committed after conviction on the first; | ||||||
19 | and (3) the third felony
was committed after conviction on | ||||||
20 | the second.
A person sentenced as a Class X offender under | ||||||
21 | this paragraph is not
eligible to apply for treatment as a | ||||||
22 | condition of probation as provided by
Section 40-10 of the | ||||||
23 | Alcoholism and Other Drug Abuse and Dependency Act.
| ||||||
24 | (9) A defendant convicted of a second or subsequent | ||||||
25 | offense of ritualized
abuse of a child may be sentenced to | ||||||
26 | a term of natural life imprisonment.
| ||||||
27 | (10) When a person is convicted of violating Section | ||||||
28 | 11-501 of the
Illinois
Vehicle Code or a similar provision | ||||||
29 | of a local ordinance, the following
penalties apply when | ||||||
30 | his or her blood,
breath, or urine was .16 or more based on | ||||||
31 | the definition of blood, breath, or
urine units in
Section | ||||||
32 | 11-501.2
or that person is convicted of violating Section | ||||||
33 | 11-501 of the Illinois Vehicle
Code while
transporting a | ||||||
34 | child under the age of 16:
| ||||||
35 | (A) For a first violation of subsection (a) of | ||||||
36 | Section 11-501, in
addition to any other penalty that |
| |||||||
| |||||||
1 | may be imposed under subsection (c) of
Section 11-501: | ||||||
2 | a
mandatory
minimum of
100 hours of community
service | ||||||
3 | and a minimum fine of
$500.
| ||||||
4 | (B) For a second 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 | within 10
years: a
mandatory minimum of 2
days of | ||||||
8 | imprisonment
and a minimum fine of $1,250.
| ||||||
9 | (C) For a third 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 20
years: a
mandatory
minimum of 90 days of | ||||||
13 | imprisonment and a minimum
fine of $2,500.
| ||||||
14 | (D) For a fourth or subsequent violation of | ||||||
15 | subsection (a) of Section
11-501: ineligibility for a | ||||||
16 | sentence
of probation or conditional discharge and a | ||||||
17 | minimum
fine of $2,500.
| ||||||
18 | (d) In any case in which a sentence originally imposed is | ||||||
19 | vacated,
the case shall be remanded to the trial court. The | ||||||
20 | trial court shall
hold a hearing under Section 5-4-1 of the | ||||||
21 | Unified Code of Corrections
which may include evidence of the | ||||||
22 | defendant's life, moral character and
occupation during the | ||||||
23 | time since the original sentence was passed. The
trial court | ||||||
24 | shall then impose sentence upon the defendant. The trial
court | ||||||
25 | may impose any sentence which could have been imposed at the
| ||||||
26 | original trial subject to Section 5-5-4 of the Unified Code of | ||||||
27 | Corrections.
If a sentence is vacated on appeal or on | ||||||
28 | collateral attack due to the
failure of the trier of fact at | ||||||
29 | trial to determine beyond a reasonable doubt
the
existence of a | ||||||
30 | fact (other than a prior conviction) necessary to increase the
| ||||||
31 | punishment for the offense beyond the statutory maximum | ||||||
32 | otherwise applicable,
either the defendant may be re-sentenced | ||||||
33 | to a term within the range otherwise
provided or, if the State | ||||||
34 | files notice of its intention to again seek the
extended | ||||||
35 | sentence, the defendant shall be afforded a new trial.
| ||||||
36 | (e) (Blank).
In cases where prosecution for
aggravated |
| |||||||
| |||||||
1 | criminal sexual abuse under Section 12-16 of the
Criminal Code | ||||||
2 | of 1961 results in conviction of a defendant
who was a family | ||||||
3 | member of the victim at the time of the commission of the
| ||||||
4 | offense, the court shall consider the safety and welfare of the | ||||||
5 | victim and
may impose a sentence of probation only where:
| ||||||
6 | (1) the court finds (A) or (B) or both are appropriate:
| ||||||
7 | (A) the defendant is willing to undergo a court | ||||||
8 | approved counseling
program for a minimum duration of 2 | ||||||
9 | years; or
| ||||||
10 | (B) the defendant is willing to participate in a | ||||||
11 | court approved plan
including but not limited to the | ||||||
12 | defendant's:
| ||||||
13 | (i) removal from the household;
| ||||||
14 | (ii) restricted contact with the victim;
| ||||||
15 | (iii) continued financial support of the | ||||||
16 | family;
| ||||||
17 | (iv) restitution for harm done to the victim;
| ||||||
18 | and
| ||||||
19 | (v) compliance with any other measures that | ||||||
20 | the court may
deem appropriate; and
| ||||||
21 | (2) the court orders the defendant to pay for the | ||||||
22 | victim's counseling
services, to the extent that the court | ||||||
23 | finds, after considering the
defendant's income and | ||||||
24 | assets, that the defendant is financially capable of
paying | ||||||
25 | for such services, if the victim was under 18 years of age | ||||||
26 | at the
time the offense was committed and requires | ||||||
27 | counseling as a result of the
offense.
| ||||||
28 | Probation may be revoked or modified pursuant to Section | ||||||
29 | 5-6-4; except
where the court determines at the hearing that | ||||||
30 | the defendant violated a
condition of his or her probation | ||||||
31 | restricting contact with the victim or
other family members or | ||||||
32 | commits another offense with the victim or other
family | ||||||
33 | members, the court shall revoke the defendant's probation and
| ||||||
34 | impose a term of imprisonment.
| ||||||
35 | For the purposes of this Section, "family member" and | ||||||
36 | "victim" shall have
the meanings ascribed to them in Section |
| |||||||
| |||||||
1 | 12-12 of the Criminal Code of
1961.
| ||||||
2 | (f) This Article shall not deprive a court in other | ||||||
3 | proceedings to
order a forfeiture of property, to suspend or | ||||||
4 | cancel a license, to
remove a person from office, or to impose | ||||||
5 | any other civil penalty.
| ||||||
6 | (g) Whenever a defendant is convicted of an offense under | ||||||
7 | Sections
11-14, 11-15, 11-15.1, 11-16, 11-17, 11-18, 11-18.1, | ||||||
8 | 11-19, 11-19.1, 11-19.2,
12-13, 12-14, 12-14.1, 12-15 or 12-16 | ||||||
9 | of the Criminal Code of 1961,
the defendant shall undergo | ||||||
10 | medical testing to
determine whether the defendant has any | ||||||
11 | sexually transmissible disease,
including a test for infection | ||||||
12 | with human immunodeficiency virus (HIV) or
any other identified | ||||||
13 | causative agent of acquired immunodeficiency syndrome
(AIDS). | ||||||
14 | Any such medical test shall be performed only by appropriately
| ||||||
15 | licensed medical practitioners and may include an analysis of | ||||||
16 | any bodily
fluids as well as an examination of the defendant's | ||||||
17 | person.
Except as otherwise provided by law, the results of | ||||||
18 | such test shall be kept
strictly confidential by all medical | ||||||
19 | personnel involved in the testing and must
be personally | ||||||
20 | delivered in a sealed envelope to the judge of the court in | ||||||
21 | which
the conviction was entered for the judge's inspection in | ||||||
22 | camera. Acting in
accordance with the best interests of the | ||||||
23 | victim and the public, the judge
shall have the discretion to | ||||||
24 | determine to whom, if anyone, the results of the
testing may be | ||||||
25 | revealed. The court shall notify the defendant
of the test | ||||||
26 | results. The court shall
also notify the victim if requested by | ||||||
27 | the victim, and if the victim is under
the age of 15 and if | ||||||
28 | requested by the victim's parents or legal guardian, the
court | ||||||
29 | shall notify the victim's parents or legal guardian of the test
| ||||||
30 | results.
The court shall provide information on the | ||||||
31 | availability of HIV testing
and counseling at Department of | ||||||
32 | Public Health facilities to all parties to
whom the results of | ||||||
33 | the testing are revealed and shall direct the State's
Attorney | ||||||
34 | to provide the information to the victim when possible.
A | ||||||
35 | State's Attorney may petition the court to obtain the results | ||||||
36 | of any HIV test
administered under this Section, and the court |
| |||||||
| |||||||
1 | shall grant the disclosure if
the State's Attorney shows it is | ||||||
2 | relevant in order to prosecute a charge of
criminal | ||||||
3 | transmission of HIV under Section 12-16.2 of the Criminal Code | ||||||
4 | of 1961
against the defendant. The court shall order that the | ||||||
5 | cost of any such test
shall be paid by the county and may be | ||||||
6 | taxed as costs against the convicted
defendant.
| ||||||
7 | (g-5) When an inmate is tested for an airborne communicable | ||||||
8 | disease, as
determined by the Illinois Department of Public | ||||||
9 | Health including but not
limited to tuberculosis, the results | ||||||
10 | of the test shall be
personally delivered by the warden or his | ||||||
11 | or her designee in a sealed envelope
to the judge of the court | ||||||
12 | in which the inmate must appear for the judge's
inspection in | ||||||
13 | camera if requested by the judge. Acting in accordance with the
| ||||||
14 | best interests of those in the courtroom, the judge shall have | ||||||
15 | the discretion
to determine what if any precautions need to be | ||||||
16 | taken to prevent transmission
of the disease in the courtroom.
| ||||||
17 | (h) Whenever a defendant is convicted of an offense under | ||||||
18 | Section 1 or 2
of the Hypodermic Syringes and Needles Act, the | ||||||
19 | defendant shall undergo
medical testing to determine whether | ||||||
20 | the defendant has been exposed to human
immunodeficiency virus | ||||||
21 | (HIV) or any other identified causative agent of
acquired | ||||||
22 | immunodeficiency syndrome (AIDS). Except as otherwise provided | ||||||
23 | by
law, the results of such test shall be kept strictly | ||||||
24 | confidential by all
medical personnel involved in the testing | ||||||
25 | and must be personally delivered in a
sealed envelope to the | ||||||
26 | judge of the court in which the conviction was entered
for the | ||||||
27 | judge's inspection in camera. Acting in accordance with the | ||||||
28 | best
interests of the public, the judge shall have the | ||||||
29 | discretion to determine to
whom, if anyone, the results of the | ||||||
30 | testing may be revealed. The court shall
notify the defendant | ||||||
31 | of a positive test showing an infection with the human
| ||||||
32 | immunodeficiency virus (HIV). The court shall provide | ||||||
33 | information on the
availability of HIV testing and counseling | ||||||
34 | at Department of Public Health
facilities to all parties to | ||||||
35 | whom the results of the testing are revealed and
shall direct | ||||||
36 | the State's Attorney to provide the information to the victim |
| |||||||
| |||||||
1 | when
possible. A State's Attorney may petition the court to | ||||||
2 | obtain the results of
any HIV test administered under this | ||||||
3 | Section, and the court shall grant the
disclosure if the | ||||||
4 | State's Attorney shows it is relevant in order to prosecute a
| ||||||
5 | charge of criminal transmission of HIV under Section 12-16.2 of | ||||||
6 | the Criminal
Code of 1961 against the defendant. The court | ||||||
7 | shall order that the cost of any
such test shall be paid by the | ||||||
8 | county and may be taxed as costs against the
convicted | ||||||
9 | defendant.
| ||||||
10 | (i) All fines and penalties imposed under this Section for | ||||||
11 | any violation
of Chapters 3, 4, 6, and 11 of the Illinois | ||||||
12 | Vehicle Code, or a similar
provision of a local ordinance, and | ||||||
13 | any violation
of the Child Passenger Protection Act, or a | ||||||
14 | similar provision of a local
ordinance, shall be collected and | ||||||
15 | disbursed by the circuit
clerk as provided under Section 27.5 | ||||||
16 | of the Clerks of Courts Act.
| ||||||
17 | (j) In cases when prosecution for any violation of Section | ||||||
18 | 11-6, 11-8,
11-9, 11-11, 11-14, 11-15, 11-15.1, 11-16, 11-17, | ||||||
19 | 11-17.1, 11-18, 11-18.1,
11-19, 11-19.1, 11-19.2, 11-20.1, | ||||||
20 | 11-21, 12-13, 12-14, 12-14.1, 12-15, or
12-16 of the
Criminal | ||||||
21 | Code of 1961, any violation of the Illinois Controlled | ||||||
22 | Substances Act,
or any violation of the Cannabis Control Act | ||||||
23 | results in conviction, a
disposition of court supervision, or | ||||||
24 | an order of probation granted under
Section 10 of the Cannabis | ||||||
25 | Control Act or Section 410 of the Illinois
Controlled Substance | ||||||
26 | Act of a defendant, the court shall determine whether the
| ||||||
27 | defendant is employed by a facility or center as defined under | ||||||
28 | the Child Care
Act of 1969, a public or private elementary or | ||||||
29 | secondary school, or otherwise
works with children under 18 | ||||||
30 | years of age on a daily basis. When a defendant
is so employed, | ||||||
31 | the court shall order the Clerk of the Court to send a copy of
| ||||||
32 | the judgment of conviction or order of supervision or probation | ||||||
33 | to the
defendant's employer by certified mail.
If the employer | ||||||
34 | of the defendant is a school, the Clerk of the Court shall
| ||||||
35 | direct the mailing of a copy of the judgment of conviction or | ||||||
36 | order of
supervision or probation to the appropriate regional |
| |||||||
| |||||||
1 | superintendent of schools.
The regional superintendent of | ||||||
2 | schools shall notify the State Board of
Education of any | ||||||
3 | notification under this subsection.
| ||||||
4 | (j-5) A defendant at least 17 years of age who is convicted | ||||||
5 | of a felony and
who has not been previously convicted of a | ||||||
6 | misdemeanor or felony and who is
sentenced to a term of | ||||||
7 | imprisonment in the Illinois Department of Corrections
shall as | ||||||
8 | a condition of his or her sentence be required by the court to | ||||||
9 | attend
educational courses designed to prepare the defendant | ||||||
10 | for a high school diploma
and to work toward a high school | ||||||
11 | diploma or to work toward passing the high
school level Test of | ||||||
12 | General Educational Development (GED) or to work toward
| ||||||
13 | completing a vocational training program offered by the | ||||||
14 | Department of
Corrections. If a defendant fails to complete the | ||||||
15 | educational training
required by his or her sentence during the | ||||||
16 | term of incarceration, the Prisoner
Review Board shall, as a | ||||||
17 | condition of mandatory supervised release, require the
| ||||||
18 | defendant, at his or her own expense, to pursue a course of | ||||||
19 | study toward a high
school diploma or passage of the GED test. | ||||||
20 | The Prisoner Review Board shall
revoke the mandatory supervised | ||||||
21 | release of a defendant who wilfully fails to
comply with this | ||||||
22 | subsection (j-5) upon his or her release from confinement in a
| ||||||
23 | penal institution while serving a mandatory supervised release | ||||||
24 | term; however,
the inability of the defendant after making a | ||||||
25 | good faith effort to obtain
financial aid or pay for the | ||||||
26 | educational training shall not be deemed a wilful
failure to | ||||||
27 | comply. The Prisoner Review Board shall recommit the defendant
| ||||||
28 | whose mandatory supervised release term has been revoked under | ||||||
29 | this subsection
(j-5) as provided in Section 3-3-9. This | ||||||
30 | subsection (j-5) does not apply to a
defendant who has a high | ||||||
31 | school diploma or has successfully passed the GED
test. This | ||||||
32 | subsection (j-5) does not apply to a defendant who is | ||||||
33 | determined by
the court to be developmentally disabled or | ||||||
34 | otherwise mentally incapable of
completing the educational or | ||||||
35 | vocational program.
| ||||||
36 | (k) A court may not impose a sentence or disposition for a
|
| |||||||
| |||||||
1 | felony or misdemeanor that requires the defendant to be | ||||||
2 | implanted or injected
with or to use any form of birth control.
| ||||||
3 | (l) (A) Except as provided
in paragraph (C) of subsection | ||||||
4 | (l), whenever a defendant,
who is an alien as defined by | ||||||
5 | the Immigration and Nationality Act, is convicted
of any | ||||||
6 | felony or misdemeanor offense, the court after sentencing | ||||||
7 | the defendant
may, upon motion of the State's Attorney, | ||||||
8 | hold sentence in abeyance and remand
the defendant to the | ||||||
9 | custody of the Attorney General of
the United States or his | ||||||
10 | or her designated agent to be deported when:
| ||||||
11 | (1) a final order of deportation has been issued | ||||||
12 | against the defendant
pursuant to proceedings under | ||||||
13 | the Immigration and Nationality Act, and
| ||||||
14 | (2) the deportation of the defendant would not | ||||||
15 | deprecate the seriousness
of the defendant's conduct | ||||||
16 | and would not be inconsistent with the ends of
justice.
| ||||||
17 | Otherwise, the defendant shall be sentenced as | ||||||
18 | provided in this Chapter V.
| ||||||
19 | (B) If the defendant has already been sentenced for a | ||||||
20 | felony or
misdemeanor
offense, or has been placed on | ||||||
21 | probation under Section 10 of the Cannabis
Control Act or | ||||||
22 | Section 410 of the Illinois Controlled Substances Act, the | ||||||
23 | court
may, upon motion of the State's Attorney to suspend | ||||||
24 | the
sentence imposed, commit the defendant to the custody | ||||||
25 | of the Attorney General
of the United States or his or her | ||||||
26 | designated agent when:
| ||||||
27 | (1) a final order of deportation has been issued | ||||||
28 | against the defendant
pursuant to proceedings under | ||||||
29 | the Immigration and Nationality Act, and
| ||||||
30 | (2) the deportation of the defendant would not | ||||||
31 | deprecate the seriousness
of the defendant's conduct | ||||||
32 | and would not be inconsistent with the ends of
justice.
| ||||||
33 | (C) This subsection (l) does not apply to offenders who | ||||||
34 | are subject to the
provisions of paragraph (2) of | ||||||
35 | subsection (a) of Section 3-6-3.
| ||||||
36 | (D) Upon motion of the State's Attorney, if a defendant |
| |||||||
| |||||||
1 | sentenced under
this Section returns to the jurisdiction of | ||||||
2 | the United States, the defendant
shall be recommitted to | ||||||
3 | the custody of the county from which he or she was
| ||||||
4 | sentenced.
Thereafter, the defendant shall be brought | ||||||
5 | before the sentencing court, which
may impose any sentence | ||||||
6 | that was available under Section 5-5-3 at the time of
| ||||||
7 | initial sentencing. In addition, the defendant shall not be | ||||||
8 | eligible for
additional good conduct credit for | ||||||
9 | meritorious service as provided under
Section 3-6-6.
| ||||||
10 | (m) A person convicted of criminal defacement of property | ||||||
11 | under Section
21-1.3 of the Criminal Code of 1961, in which the | ||||||
12 | property damage exceeds $300
and the property damaged is a | ||||||
13 | school building, shall be ordered to perform
community service | ||||||
14 | that may include cleanup, removal, or painting over the
| ||||||
15 | defacement.
| ||||||
16 | (n) The court may sentence a person convicted of a | ||||||
17 | violation of Section
12-19, 12-21, or 16-1.3 of the Criminal | ||||||
18 | Code of 1961 (i) to an impact
incarceration program if the | ||||||
19 | person is otherwise eligible for that program
under Section | ||||||
20 | 5-8-1.1, (ii) to community service, or (iii) if the person is | ||||||
21 | an
addict or alcoholic, as defined in the Alcoholism and Other | ||||||
22 | Drug Abuse and
Dependency Act, to a substance or alcohol abuse | ||||||
23 | program licensed under that
Act.
| ||||||
24 | (Source: P.A. 92-183, eff. 7-27-01; 92-248, eff. 8-3-01; | ||||||
25 | 92-283, eff.
1-1-02; 92-340, eff. 8-10-01; 92-418, eff. | ||||||
26 | 8-17-01; 92-422, eff. 8-17-01;
92-651, eff. 7-11-02; 92-698, | ||||||
27 | eff. 7-19-02; 93-44, eff. 7-1-03; 93-156, eff.
1-1-04; 93-169, | ||||||
28 | eff. 7-10-03; 93-301, eff. 1-1-04; 93-419, eff. 1-1-04;
93-546, | ||||||
29 | eff. 1-1-04; revised 10-9-03.)
| ||||||
30 | (730 ILCS 5/5-9-1.7) (from Ch. 38, par. 1005-9-1.7)
| ||||||
31 | Sec. 5-9-1.7. Sexual assault fines.
| ||||||
32 | (a) Definitions. The terms used in this Section shall have | ||||||
33 | the following
meanings ascribed to them:
| ||||||
34 | (1) "Sexual assault" means the commission or attempted | ||||||
35 | commission of
the following: criminal sexual assault, |
| |||||||
| |||||||
1 | predatory criminal sexual assault of
a child, aggravated | ||||||
2 | criminal sexual assault,
criminal sexual abuse, aggravated | ||||||
3 | criminal sexual abuse, indecent
solicitation of a child, | ||||||
4 | public indecency, sexual relations within
families, | ||||||
5 | soliciting for a juvenile prostitute, keeping a place of | ||||||
6 | juvenile
prostitution, patronizing a juvenile prostitute, | ||||||
7 | juvenile pimping,
exploitation of a child, obscenity, | ||||||
8 | child pornography, or harmful material,
as those offenses | ||||||
9 | are defined in the Criminal Code of 1961.
| ||||||
10 | (2) "Family member" shall have the meaning ascribed to | ||||||
11 | it in Section
12-12 of the Criminal Code of 1961.
| ||||||
12 | (3) "Sexual assault organization" means any | ||||||
13 | not-for-profit organization
providing comprehensive, | ||||||
14 | community-based services to victims of sexual assault.
| ||||||
15 | "Community-based services" include, but are not limited | ||||||
16 | to, direct crisis
intervention through a 24-hour response, | ||||||
17 | medical and legal advocacy,
counseling, information and | ||||||
18 | referral services, training, and community
education.
| ||||||
19 | (b) Sexual assault fine; collection by clerk.
| ||||||
20 | (1) In addition to any other penalty imposed, a fine of | ||||||
21 | $100 shall be
imposed upon any person who pleads guilty or | ||||||
22 | who is convicted of, or who
receives a disposition of court | ||||||
23 | supervision for, a sexual assault or attempt
of a sexual | ||||||
24 | assault. Upon request of the victim or the victim's
| ||||||
25 | representative, the court shall determine whether the fine | ||||||
26 | will impose an
undue burden on the victim of the offense. | ||||||
27 | For purposes of this paragraph,
the defendant may not be | ||||||
28 | considered the victim's representative. If the
court finds | ||||||
29 | that the fine would impose an undue burden on the victim, | ||||||
30 | the
court may reduce or waive the fine. The court shall | ||||||
31 | order that the
defendant may not use funds belonging solely | ||||||
32 | to the victim of the offense
for payment of the fine.
| ||||||
33 | (2) Sexual assault fines shall be assessed by the court | ||||||
34 | imposing the
sentence and shall be collected by the circuit | ||||||
35 | clerk. The circuit clerk
shall retain 10% of the penalty to | ||||||
36 | cover the costs involved in
administering and enforcing |
| |||||||
| |||||||
1 | this Section. The circuit clerk shall remit
the remainder | ||||||
2 | of each fine within one month of its receipt to the State
| ||||||
3 | Treasurer for deposit as follows:
| ||||||
4 | (i) for
offenders who held a position of trust, | ||||||
5 | authority, or supervision in relation
to the victim
| ||||||
6 | family member offenders , one-half to the Sexual | ||||||
7 | Assault
Services Fund, and one-half to the Domestic | ||||||
8 | Violence Shelter and Service
Fund; and
| ||||||
9 | (ii) for other than
offenders who held a position | ||||||
10 | of trust, authority, or supervision in relation
to the | ||||||
11 | victim
family member offenders , the full amount to the
| ||||||
12 | Sexual Assault Services Fund.
| ||||||
13 | (c) Sexual Assault Services Fund; administration. There is | ||||||
14 | created a
Sexual Assault Services Fund. Moneys deposited into | ||||||
15 | the Fund under this
Section shall be appropriated to the | ||||||
16 | Department of Public Health. Upon
appropriation of moneys from | ||||||
17 | the Sexual Assault Services Fund, the Department
of Public | ||||||
18 | Health shall make grants of these moneys from the Fund to | ||||||
19 | sexual
assault organizations with whom the Department has | ||||||
20 | contracts for the purpose of
providing community-based | ||||||
21 | services to victims of sexual assault. Grants made
under this | ||||||
22 | Section are in addition to, and are not substitutes for, other
| ||||||
23 | grants authorized and made by the Department.
| ||||||
24 | (Source: P.A. 88-45; 89-428, eff. 12-13-95; 89-462, eff. | ||||||
25 | 5-29-96.)
|