|
|
|
94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006 HB4301
Introduced 12/21/05, by Rep. William B. Black SYNOPSIS AS INTRODUCED: |
|
625 ILCS 5/3-707 |
from Ch. 95 1/2, par. 3-707 |
625 ILCS 5/6-206 |
from Ch. 95 1/2, par. 6-206 |
730 ILCS 5/5-5-3 |
from Ch. 38, par. 1005-5-3 |
|
Amends the Illinois Vehicle Code and the Unified Code of Corrections. Provides that a person convicted of driving an uninsured motor vehicle, in addition to any other penalty imposed, shall have his or her driving privileges suspended for 90 days and until he or she has paid a reinstatement fee of $100. Provides that, if a person is convicted of driving an uninsured vehicle while his or her driving privileges are suspended for a similar violation, his or her driving privileges shall be suspended for an additional 180 days and until he or she pays the reinstatement fee.
|
| |
|
|
A BILL FOR
|
|
|
|
|
HB4301 |
|
LRB094 16044 DRH 51279 b |
|
|
1 |
| AN ACT concerning driving offenses.
|
2 |
| Be it enacted by the People of the State of Illinois,
|
3 |
| represented in the General Assembly:
|
4 |
| Section 5. The Illinois Vehicle Code is amended by changing |
5 |
| Sections 3-707 and 6-206 as follows:
|
6 |
| (625 ILCS 5/3-707) (from Ch. 95 1/2, par. 3-707)
|
7 |
| Sec. 3-707. Operation of uninsured motor vehicle - penalty.
|
8 |
| (a) No person
shall operate a motor vehicle unless the |
9 |
| motor vehicle is covered by a
liability insurance policy in |
10 |
| accordance with Section 7-601 of this Code.
|
11 |
| (b) Any person who fails to comply with a request by a law |
12 |
| enforcement
officer for display of evidence of insurance, as |
13 |
| required under Section
7-602 of this Code, shall be deemed to |
14 |
| be operating an uninsured motor vehicle.
|
15 |
| (c) Any operator of a motor vehicle subject to registration |
16 |
| under this
Code
who is convicted of violating this Section is |
17 |
| guilty of a business
offense and shall be required to pay a |
18 |
| fine in excess of $500, but
not more than $1,000. However, no |
19 |
| person charged with violating this
Section shall be convicted |
20 |
| if such person produces in court satisfactory
evidence that at |
21 |
| the time of the arrest the motor vehicle was covered by a
|
22 |
| liability insurance policy in accordance with Section 7-601 of |
23 |
| this Code.
The chief judge of each circuit may designate an |
24 |
| officer of the court to
review the documentation demonstrating |
25 |
| that at the time of arrest the motor
vehicle was covered by a |
26 |
| liability insurance policy in accordance with Section
7-601 of |
27 |
| this Code. |
28 |
| (c-1) A person convicted of violating this Section shall |
29 |
| also have his or her driver's license, permit, or privileges |
30 |
| suspended for 90 days. After the expiration of the 90 days, the |
31 |
| person's driver's license, permit, or privileges shall not be |
32 |
| reinstated until he or she has paid a reinstatement fee of |
|
|
|
HB4301 |
- 2 - |
LRB094 16044 DRH 51279 b |
|
|
1 |
| $100. If a person violates this Section while his or her |
2 |
| driver's license, permit, or privileges are suspended under |
3 |
| this subsection (c-1), his or her driver's license, permit, or |
4 |
| privileges shall be suspended for an additional 180 days and |
5 |
| until he or she pays the reinstatement fee.
|
6 |
| (d) A person convicted a third or subsequent time of |
7 |
| violating this
Section or a similar provision of a local |
8 |
| ordinance must give proof to the
Secretary of State of the |
9 |
| person's financial responsibility as defined in
Section 7-315. |
10 |
| The person must maintain the proof in a manner satisfactory to
|
11 |
| the Secretary for a minimum period of one year after the date |
12 |
| the proof is
first filed. The Secretary must suspend the |
13 |
| driver's license of any person
determined by the Secretary not |
14 |
| to have provided adequate proof of financial
responsibility as |
15 |
| required by this subsection.
|
16 |
| (Source: P.A. 92-775, eff. 7-1-03.)
|
17 |
| (625 ILCS 5/6-206) (from Ch. 95 1/2, par. 6-206)
|
18 |
| Sec. 6-206. Discretionary authority to suspend or revoke |
19 |
| license or
permit; Right to a hearing.
|
20 |
| (a) The Secretary of State is authorized to suspend or |
21 |
| revoke the
driving privileges of any person without preliminary |
22 |
| hearing upon a showing
of the person's records or other |
23 |
| sufficient evidence that
the person:
|
24 |
| 1. Has committed an offense for which mandatory |
25 |
| revocation of
a driver's license or permit is required upon |
26 |
| conviction;
|
27 |
| 2. Has been convicted of not less than 3 offenses |
28 |
| against traffic
regulations governing the movement of |
29 |
| vehicles committed within any 12
month period. No |
30 |
| revocation or suspension shall be entered more than
6 |
31 |
| months after the date of last conviction;
|
32 |
| 3. Has been repeatedly involved as a driver in motor |
33 |
| vehicle
collisions or has been repeatedly convicted of |
34 |
| offenses against laws and
ordinances regulating the |
35 |
| movement of traffic, to a degree that
indicates lack of |
|
|
|
HB4301 |
- 3 - |
LRB094 16044 DRH 51279 b |
|
|
1 |
| ability to exercise ordinary and reasonable care in
the |
2 |
| safe operation of a motor vehicle or disrespect for the |
3 |
| traffic laws
and the safety of other persons upon the |
4 |
| highway;
|
5 |
| 4. Has by the unlawful operation of a motor vehicle |
6 |
| caused or
contributed to an accident resulting in death or |
7 |
| injury requiring
immediate professional treatment in a |
8 |
| medical facility or doctor's office
to any person, except |
9 |
| that any suspension or revocation imposed by the
Secretary |
10 |
| of State under the provisions of this subsection shall |
11 |
| start no
later than 6 months after being convicted of |
12 |
| violating a law or
ordinance regulating the movement of |
13 |
| traffic, which violation is related
to the accident, or |
14 |
| shall start not more than one year
after
the date of the |
15 |
| accident, whichever date occurs later;
|
16 |
| 5. Has permitted an unlawful or fraudulent use of a |
17 |
| driver's
license, identification card, or permit;
|
18 |
| 6. Has been lawfully convicted of an offense or |
19 |
| offenses in another
state, including the authorization |
20 |
| contained in Section 6-203.1, which
if committed within |
21 |
| this State would be grounds for suspension or revocation;
|
22 |
| 7. Has refused or failed to submit to an examination |
23 |
| provided for by
Section 6-207 or has failed to pass the |
24 |
| examination;
|
25 |
| 8. Is ineligible for a driver's license or permit under |
26 |
| the provisions
of Section 6-103;
|
27 |
| 9. Has made a false statement or knowingly concealed a |
28 |
| material fact
or has used false information or |
29 |
| identification in any application for a
license, |
30 |
| identification card, or permit;
|
31 |
| 10. Has possessed, displayed, or attempted to |
32 |
| fraudulently use any
license, identification card, or |
33 |
| permit not issued to the person;
|
34 |
| 11. Has operated a motor vehicle upon a highway of this |
35 |
| State when
the person's driving privilege or privilege to |
36 |
| obtain a driver's license
or permit was revoked or |
|
|
|
HB4301 |
- 4 - |
LRB094 16044 DRH 51279 b |
|
|
1 |
| suspended unless the operation was authorized by
a judicial |
2 |
| driving permit, probationary license to drive, or a |
3 |
| restricted
driving permit issued under this Code;
|
4 |
| 12. Has submitted to any portion of the application |
5 |
| process for
another person or has obtained the services of |
6 |
| another person to submit to
any portion of the application |
7 |
| process for the purpose of obtaining a
license, |
8 |
| identification card, or permit for some other person;
|
9 |
| 13. Has operated a motor vehicle upon a highway of this |
10 |
| State when
the person's driver's license or permit was |
11 |
| invalid under the provisions of
Sections 6-107.1 and
6-110;
|
12 |
| 14. Has committed a violation of Section 6-301, |
13 |
| 6-301.1, or 6-301.2
of this Act, or Section 14, 14A, or 14B |
14 |
| of the Illinois Identification Card
Act;
|
15 |
| 15. Has been convicted of violating Section 21-2 of the |
16 |
| Criminal Code
of 1961 relating to criminal trespass to |
17 |
| vehicles in which case, the suspension
shall be for one |
18 |
| year;
|
19 |
| 16. Has been convicted of violating Section 11-204 of |
20 |
| this Code relating
to fleeing from a peace officer;
|
21 |
| 17. Has refused to submit to a test, or tests, as |
22 |
| required under Section
11-501.1 of this Code and the person |
23 |
| has not sought a hearing as
provided for in Section |
24 |
| 11-501.1;
|
25 |
| 18. Has, since issuance of a driver's license or |
26 |
| permit, been adjudged
to be afflicted with or suffering |
27 |
| from any mental disability or disease;
|
28 |
| 19. Has committed a violation of paragraph (a) or (b) |
29 |
| of Section 6-101
relating to driving without a driver's |
30 |
| license;
|
31 |
| 20. Has been convicted of violating Section 6-104 |
32 |
| relating to
classification of driver's license;
|
33 |
| 21. Has been convicted of violating Section 11-402 of
|
34 |
| this Code relating to leaving the scene of an accident |
35 |
| resulting in damage
to a vehicle in excess of $1,000, in |
36 |
| which case the suspension shall be
for one year;
|
|
|
|
HB4301 |
- 5 - |
LRB094 16044 DRH 51279 b |
|
|
1 |
| 22. Has used a motor vehicle in violating paragraph |
2 |
| (3), (4), (7), or
(9) of subsection (a) of Section 24-1 of |
3 |
| the Criminal Code of 1961 relating
to unlawful use of |
4 |
| weapons, in which case the suspension shall be for one
|
5 |
| year;
|
6 |
| 23. Has, as a driver, been convicted of committing a |
7 |
| violation of
paragraph (a) of Section 11-502 of this Code |
8 |
| for a second or subsequent
time within one year of a |
9 |
| similar violation;
|
10 |
| 24. Has been convicted by a court-martial or punished |
11 |
| by non-judicial
punishment by military authorities of the |
12 |
| United States at a military
installation in Illinois of or |
13 |
| for a traffic related offense that is the
same as or |
14 |
| similar to an offense specified under Section 6-205 or |
15 |
| 6-206 of
this Code;
|
16 |
| 25. Has permitted any form of identification to be used |
17 |
| by another in
the application process in order to obtain or |
18 |
| attempt to obtain a license,
identification card, or |
19 |
| permit;
|
20 |
| 26. Has altered or attempted to alter a license or has |
21 |
| possessed an
altered license, identification card, or |
22 |
| permit;
|
23 |
| 27. Has violated Section 6-16 of the Liquor Control Act |
24 |
| of 1934;
|
25 |
| 28. Has been convicted of the illegal possession, while |
26 |
| operating or
in actual physical control, as a driver, of a |
27 |
| motor vehicle, of any
controlled substance prohibited |
28 |
| under the Illinois Controlled Substances
Act, any cannabis |
29 |
| prohibited under the Cannabis Control
Act, or any |
30 |
| methamphetamine prohibited under the Methamphetamine |
31 |
| Control and Community Protection Act, in which case the |
32 |
| person's driving privileges shall be suspended for
one |
33 |
| year, and any driver who is convicted of a second or |
34 |
| subsequent
offense, within 5 years of a previous |
35 |
| conviction, for the illegal
possession, while operating or |
36 |
| in actual physical control, as a driver, of
a motor |
|
|
|
HB4301 |
- 6 - |
LRB094 16044 DRH 51279 b |
|
|
1 |
| vehicle, of any controlled substance prohibited under the |
2 |
| Illinois Controlled Substances Act, any cannabis
|
3 |
| prohibited under the Cannabis Control Act, or any |
4 |
| methamphetamine prohibited under the Methamphetamine |
5 |
| Control and Community Protection Act shall be suspended for |
6 |
| 5 years.
Any defendant found guilty of this offense while |
7 |
| operating a motor vehicle,
shall have an entry made in the |
8 |
| court record by the presiding judge that
this offense did |
9 |
| occur while the defendant was operating a motor vehicle
and |
10 |
| order the clerk of the court to report the violation to the |
11 |
| Secretary
of State;
|
12 |
| 29. Has been convicted of the following offenses that |
13 |
| were committed
while the person was operating or in actual |
14 |
| physical control, as a driver,
of a motor vehicle: criminal |
15 |
| sexual assault,
predatory criminal sexual assault of a |
16 |
| child,
aggravated criminal sexual
assault, criminal sexual |
17 |
| abuse, aggravated criminal sexual abuse, juvenile
pimping, |
18 |
| soliciting for a juvenile prostitute and the manufacture, |
19 |
| sale or
delivery of controlled substances or instruments |
20 |
| used for illegal drug use
or abuse in which case the |
21 |
| driver's driving privileges shall be suspended
for one |
22 |
| year;
|
23 |
| 30. Has been convicted a second or subsequent time for |
24 |
| any
combination of the offenses named in paragraph 29 of |
25 |
| this subsection,
in which case the person's driving |
26 |
| privileges shall be suspended for 5
years;
|
27 |
| 31. Has refused to submit to a test as
required by |
28 |
| Section 11-501.6 or has submitted to a test resulting in
an |
29 |
| alcohol concentration of 0.08 or more or any amount of a |
30 |
| drug, substance, or
compound resulting from the unlawful |
31 |
| use or consumption of cannabis as listed
in the Cannabis |
32 |
| Control Act, a controlled substance as listed in the |
33 |
| Illinois
Controlled Substances Act, or an intoxicating |
34 |
| compound as listed in the Use of
Intoxicating Compounds |
35 |
| Act, in which case the penalty shall be
as prescribed in |
36 |
| Section 6-208.1;
|
|
|
|
HB4301 |
- 7 - |
LRB094 16044 DRH 51279 b |
|
|
1 |
| 32. Has been convicted of Section 24-1.2 of the |
2 |
| Criminal Code of
1961 relating to the aggravated discharge |
3 |
| of a firearm if the offender was
located in a motor vehicle |
4 |
| at the time the firearm was discharged, in which
case the |
5 |
| suspension shall be for 3 years;
|
6 |
| 33. Has as a driver, who was less than 21 years of age |
7 |
| on the date of
the offense, been convicted a first time of |
8 |
| a violation of paragraph (a) of
Section 11-502 of this Code |
9 |
| or a similar provision of a local ordinance;
|
10 |
| 34. Has committed a violation of Section 11-1301.5 of |
11 |
| this Code;
|
12 |
| 35. Has committed a violation of Section 11-1301.6 of |
13 |
| this Code;
|
14 |
| 36. Is under the age of 21 years at the time of arrest |
15 |
| and has been
convicted of not less than 2 offenses against |
16 |
| traffic regulations governing
the movement of vehicles |
17 |
| committed within any 24 month period. No revocation
or |
18 |
| suspension shall be entered more than 6 months after the |
19 |
| date of last
conviction;
|
20 |
| 37. Has committed a violation of subsection (c) of |
21 |
| Section 11-907 of this
Code;
|
22 |
| 38. Has been convicted of a violation of Section 6-20 |
23 |
| of the Liquor
Control Act of 1934 or a similar provision of |
24 |
| a local ordinance;
|
25 |
| 39. Has committed a second or subsequent violation of |
26 |
| Section
11-1201 of this Code;
|
27 |
| 40. Has committed a violation of subsection (a-1) of |
28 |
| Section 11-908 of
this Code; or |
29 |
| 41. Has committed a second or subsequent violation of |
30 |
| Section 11-605.1 of this Code within 2 years of the date of |
31 |
| the previous violation, in which case the suspension shall |
32 |
| be for 90 days ; . |
33 |
| 42. Has committed a violation of Section 3-707 of this |
34 |
| Code, in which case the suspension shall be for 90 days and |
35 |
| until the person has paid a reinstatement fee of $100; or |
36 |
| 43. Has committed a violation of Section 3-707 of this |
|
|
|
HB4301 |
- 8 - |
LRB094 16044 DRH 51279 b |
|
|
1 |
| Code during a period in which his or her driver's license, |
2 |
| permit, or privileges were suspended for a previous |
3 |
| violation of that Section, in which case the original 90 |
4 |
| day suspension shall be extended an additional 180 days and |
5 |
| until the person has paid a reinstatement fee of $100.
|
6 |
| For purposes of paragraphs 5, 9, 10, 12, 14, 19, 25, 26, |
7 |
| and 27 of this
subsection, license means any driver's license, |
8 |
| any traffic ticket issued when
the person's driver's license is |
9 |
| deposited in lieu of bail, a suspension
notice issued by the |
10 |
| Secretary of State, a duplicate or corrected driver's
license, |
11 |
| a probationary driver's license or a temporary driver's |
12 |
| license.
|
13 |
| (b) If any conviction forming the basis of a suspension or
|
14 |
| revocation authorized under this Section is appealed, the
|
15 |
| Secretary of State may rescind or withhold the entry of the |
16 |
| order of suspension
or revocation, as the case may be, provided |
17 |
| that a certified copy of a stay
order of a court is filed with |
18 |
| the Secretary of State. If the conviction is
affirmed on |
19 |
| appeal, the date of the conviction shall relate back to the |
20 |
| time
the original judgment of conviction was entered and the 6 |
21 |
| month limitation
prescribed shall not apply.
|
22 |
| (c) 1. Upon suspending or revoking the driver's license or |
23 |
| permit of
any person as authorized in this Section, the |
24 |
| Secretary of State shall
immediately notify the person in |
25 |
| writing of the revocation or suspension.
The notice to be |
26 |
| deposited in the United States mail, postage prepaid,
to |
27 |
| the last known address of the person.
|
28 |
| 2. If the Secretary of State suspends the driver's |
29 |
| license
of a person under subsection 2 of paragraph (a) of |
30 |
| this Section, a
person's privilege to operate a vehicle as |
31 |
| an occupation shall not be
suspended, provided an affidavit |
32 |
| is properly completed, the appropriate fee
received, and a |
33 |
| permit issued prior to the effective date of the
|
34 |
| suspension, unless 5 offenses were committed, at least 2 of |
35 |
| which occurred
while operating a commercial vehicle in |
36 |
| connection with the driver's
regular occupation. All other |
|
|
|
HB4301 |
- 9 - |
LRB094 16044 DRH 51279 b |
|
|
1 |
| driving privileges shall be suspended by the
Secretary of |
2 |
| State. Any driver prior to operating a vehicle for
|
3 |
| occupational purposes only must submit the affidavit on |
4 |
| forms to be
provided by the Secretary of State setting |
5 |
| forth the facts of the person's
occupation. The affidavit |
6 |
| shall also state the number of offenses
committed while |
7 |
| operating a vehicle in connection with the driver's regular
|
8 |
| occupation. The affidavit shall be accompanied by the |
9 |
| driver's license.
Upon receipt of a properly completed |
10 |
| affidavit, the Secretary of State
shall issue the driver a |
11 |
| permit to operate a vehicle in connection with the
driver's |
12 |
| regular occupation only. Unless the permit is issued by the
|
13 |
| Secretary of State prior to the date of suspension, the |
14 |
| privilege to drive
any motor vehicle shall be suspended as |
15 |
| set forth in the notice that was
mailed under this Section. |
16 |
| If an affidavit is received subsequent to the
effective |
17 |
| date of this suspension, a permit may be issued for the |
18 |
| remainder
of the suspension period.
|
19 |
| The provisions of this subparagraph shall not apply to |
20 |
| any driver
required to possess a CDL for the purpose of |
21 |
| operating a commercial motor vehicle.
|
22 |
| Any person who falsely states any fact in the affidavit |
23 |
| required
herein shall be guilty of perjury under Section |
24 |
| 6-302 and upon conviction
thereof shall have all driving |
25 |
| privileges revoked without further rights.
|
26 |
| 3. At the conclusion of a hearing under Section 2-118 |
27 |
| of this Code,
the Secretary of State shall either rescind |
28 |
| or continue an order of
revocation or shall substitute an |
29 |
| order of suspension; or, good
cause appearing therefor, |
30 |
| rescind, continue, change, or extend the
order of |
31 |
| suspension. If the Secretary of State does not rescind the |
32 |
| order,
the Secretary may upon application,
to relieve undue |
33 |
| hardship, issue
a restricted driving permit granting the |
34 |
| privilege of driving a motor
vehicle between the |
35 |
| petitioner's residence and petitioner's place of
|
36 |
| employment or within the scope of his employment related |
|
|
|
HB4301 |
- 10 - |
LRB094 16044 DRH 51279 b |
|
|
1 |
| duties, or to
allow transportation for the petitioner, or a |
2 |
| household member of the
petitioner's family, to receive |
3 |
| necessary medical care and if the
professional evaluation |
4 |
| indicates, provide transportation for alcohol
remedial or |
5 |
| rehabilitative activity, or for the petitioner to attend
|
6 |
| classes, as a student, in an accredited educational |
7 |
| institution; if the
petitioner is able to demonstrate that |
8 |
| no alternative means of
transportation is reasonably |
9 |
| available and the petitioner will not endanger
the public |
10 |
| safety or welfare.
|
11 |
| If a person's license or permit has been revoked or |
12 |
| suspended due to 2
or more convictions of violating Section |
13 |
| 11-501 of this Code or a similar
provision of a local |
14 |
| ordinance or a similar out-of-state offense, arising out
of |
15 |
| separate occurrences, that person, if issued a restricted |
16 |
| driving permit,
may not operate a vehicle unless it has |
17 |
| been equipped with an ignition
interlock device as defined |
18 |
| in Section 1-129.1.
|
19 |
| If a person's license or permit has been revoked or |
20 |
| suspended 2 or more
times within a 10 year period due to a |
21 |
| single conviction of violating Section
11-501 of this Code |
22 |
| or a similar provision of a local ordinance or a similar
|
23 |
| out-of-state offense, and a statutory summary suspension |
24 |
| under Section
11-501.1, or 2 or more statutory summary |
25 |
| suspensions, or combination of 2
offenses, or of an offense |
26 |
| and a statutory summary suspension, arising out of
separate |
27 |
| occurrences, that person, if issued a restricted driving |
28 |
| permit, may
not operate a vehicle unless it has been
|
29 |
| equipped with an ignition interlock device as defined in |
30 |
| Section 1-129.1.
The person must pay to the Secretary of |
31 |
| State DUI Administration Fund an amount
not to exceed $20 |
32 |
| per month. The Secretary shall establish by rule the amount
|
33 |
| and the procedures, terms, and conditions relating to these |
34 |
| fees. If the
restricted driving permit was issued for |
35 |
| employment purposes, then this
provision does not apply to |
36 |
| the operation of an occupational vehicle owned or
leased by |
|
|
|
HB4301 |
- 11 - |
LRB094 16044 DRH 51279 b |
|
|
1 |
| that person's employer. In each case the Secretary may |
2 |
| issue a
restricted driving permit for a period deemed |
3 |
| appropriate, except that all
permits shall expire within |
4 |
| one year from the date of issuance. The Secretary
may not, |
5 |
| however, issue a restricted driving permit to any person |
6 |
| whose current
revocation is the result of a second or |
7 |
| subsequent conviction for a violation
of Section 11-501 of |
8 |
| this Code or a similar provision of a local ordinance
|
9 |
| relating to the offense of operating or being in physical |
10 |
| control of a motor
vehicle while under the influence of |
11 |
| alcohol, other drug or drugs, intoxicating
compound or |
12 |
| compounds, or any similar out-of-state offense, or any |
13 |
| combination
of those offenses, until the expiration of at |
14 |
| least one year from the date of
the revocation. A
|
15 |
| restricted driving permit issued under this Section shall |
16 |
| be subject to
cancellation, revocation, and suspension by |
17 |
| the Secretary of State in like
manner and for like cause as |
18 |
| a driver's license issued under this Code may be
cancelled, |
19 |
| revoked, or suspended; except that a conviction upon one or |
20 |
| more
offenses against laws or ordinances regulating the |
21 |
| movement of traffic
shall be deemed sufficient cause for |
22 |
| the revocation, suspension, or
cancellation of a |
23 |
| restricted driving permit. The Secretary of State may, as
a |
24 |
| condition to the issuance of a restricted driving permit, |
25 |
| require the
applicant to participate in a designated driver |
26 |
| remedial or rehabilitative
program. The Secretary of State |
27 |
| is authorized to cancel a restricted
driving permit if the |
28 |
| permit holder does not successfully complete the program.
|
29 |
| (c-5) The Secretary of State may, as a condition of the |
30 |
| reissuance of a
driver's license or permit to an applicant |
31 |
| whose driver's license or permit has
been suspended before he |
32 |
| or she reached the age of 18 years pursuant to any of
the |
33 |
| provisions of this Section, require the applicant to |
34 |
| participate in a
driver remedial education course and be |
35 |
| retested under Section 6-109 of this
Code.
|
36 |
| (d) This Section is subject to the provisions of the |
|
|
|
HB4301 |
- 12 - |
LRB094 16044 DRH 51279 b |
|
|
1 |
| Drivers License
Compact.
|
2 |
| (e) The Secretary of State shall not issue a restricted |
3 |
| driving permit to
a person under the age of 16 years whose |
4 |
| driving privileges have been suspended
or revoked under any |
5 |
| provisions of this Code.
|
6 |
| (f) In accordance with 49 C.F.R. 384, the Secretary of |
7 |
| State may not issue a restricted driving permit for the |
8 |
| operation of a commercial motor vehicle to a person holding a |
9 |
| CDL whose driving privileges have been revoked under any |
10 |
| provisions of this Code. |
11 |
| (Source: P.A. 93-120, eff. 1-1-04; 93-667, eff. 3-19-04; |
12 |
| 93-788, eff. 1-1-05; 93-955, eff. 8-19-04; 94-307, eff. |
13 |
| 9-30-05; 94-556, eff. 9-11-05; revised 8-19-05.)
|
14 |
| Section 10. The Unified Code of Corrections is amended by |
15 |
| changing Section 5-5-3 as follows:
|
16 |
| (730 ILCS 5/5-5-3) (from Ch. 38, par. 1005-5-3)
|
17 |
| Sec. 5-5-3. Disposition.
|
18 |
| (a) Except as provided in Section 11-501 of the Illinois |
19 |
| Vehicle Code, every person convicted of an offense shall be |
20 |
| sentenced as provided
in this Section.
|
21 |
| (b) The following options shall be appropriate |
22 |
| dispositions, alone
or in combination, for all felonies and |
23 |
| misdemeanors other than those
identified in subsection (c) of |
24 |
| this Section:
|
25 |
| (1) A period of probation.
|
26 |
| (2) A term of periodic imprisonment.
|
27 |
| (3) A term of conditional discharge.
|
28 |
| (4) A term of imprisonment.
|
29 |
| (5) An order directing the offender to clean up and |
30 |
| repair the
damage, if the offender was convicted under |
31 |
| paragraph (h) of Section
21-1 of the Criminal Code of 1961 |
32 |
| (now repealed).
|
33 |
| (6) A fine.
|
34 |
| (7) An order directing the offender to make restitution |
|
|
|
HB4301 |
- 13 - |
LRB094 16044 DRH 51279 b |
|
|
1 |
| to the
victim under Section 5-5-6 of this Code.
|
2 |
| (8) A sentence of participation in a county impact |
3 |
| incarceration
program under Section 5-8-1.2 of this Code. |
4 |
| (9) A term of imprisonment in combination with a term |
5 |
| of probation when the offender has been admitted into a |
6 |
| drug court program under Section 20 of the Drug Court |
7 |
| Treatment Act.
|
8 |
| Neither a fine nor restitution shall be the sole |
9 |
| disposition
for a felony and either or both may be imposed only |
10 |
| in conjunction with
another disposition.
|
11 |
| (c) (1) When a defendant is found guilty of first degree |
12 |
| murder the
State may either seek a sentence of imprisonment |
13 |
| under Section 5-8-1 of
this Code, or where appropriate seek |
14 |
| a sentence of death under Section 9-1
of the Criminal Code |
15 |
| of 1961.
|
16 |
| (2) A period of probation, a term of periodic |
17 |
| imprisonment or
conditional discharge shall not be imposed |
18 |
| for the following offenses.
The court shall sentence the |
19 |
| offender to not less than the minimum term
of imprisonment |
20 |
| set forth in this Code for the following offenses, and
may |
21 |
| order a fine or restitution or both in conjunction with |
22 |
| such term of
imprisonment:
|
23 |
| (A) First degree murder where the death penalty is |
24 |
| not imposed.
|
25 |
| (B) Attempted first degree murder.
|
26 |
| (C) A Class X felony.
|
27 |
| (D) A violation of Section 401.1 or 407 of the
|
28 |
| Illinois Controlled Substances Act, or a violation of |
29 |
| subdivision (c)(1) or
(c)(2) of
Section 401 of that Act |
30 |
| which relates to more than 5 grams of a substance
|
31 |
| containing heroin or cocaine or an analog thereof.
|
32 |
| (E) A violation of Section 5.1 or 9 of the Cannabis |
33 |
| Control
Act.
|
34 |
| (F) A Class 2 or greater felony if the offender had |
35 |
| been convicted
of a Class 2 or greater felony within 10 |
36 |
| years of the date on which the
offender
committed the |
|
|
|
HB4301 |
- 14 - |
LRB094 16044 DRH 51279 b |
|
|
1 |
| offense for which he or she is being sentenced, except |
2 |
| as
otherwise provided in Section 40-10 of the |
3 |
| Alcoholism and Other Drug Abuse and
Dependency Act.
|
4 |
| (F-5) A violation of Section 24-1, 24-1.1, or |
5 |
| 24-1.6 of the Criminal Code of 1961 for which |
6 |
| imprisonment is prescribed in those Sections.
|
7 |
| (G) Residential burglary, except as otherwise |
8 |
| provided in Section 40-10
of the Alcoholism and Other |
9 |
| Drug Abuse and Dependency Act.
|
10 |
| (H) Criminal sexual assault.
|
11 |
| (I) Aggravated battery of a senior citizen.
|
12 |
| (J) A forcible felony if the offense was related to |
13 |
| the activities of an
organized gang.
|
14 |
| Before July 1, 1994, for the purposes of this |
15 |
| paragraph, "organized
gang" means an association of 5 |
16 |
| or more persons, with an established hierarchy,
that |
17 |
| encourages members of the association to perpetrate |
18 |
| crimes or provides
support to the members of the |
19 |
| association who do commit crimes.
|
20 |
| Beginning July 1, 1994, for the purposes of this |
21 |
| paragraph,
"organized gang" has the meaning ascribed |
22 |
| to it in Section 10 of the Illinois
Streetgang |
23 |
| Terrorism Omnibus Prevention Act.
|
24 |
| (K) Vehicular hijacking.
|
25 |
| (L) A second or subsequent conviction for the |
26 |
| offense of hate crime
when the underlying offense upon |
27 |
| which the hate crime is based is felony
aggravated
|
28 |
| assault or felony mob action.
|
29 |
| (M) A second or subsequent conviction for the |
30 |
| offense of institutional
vandalism if the damage to the |
31 |
| property exceeds $300.
|
32 |
| (N) A Class 3 felony violation of paragraph (1) of |
33 |
| subsection (a) of
Section 2 of the Firearm Owners |
34 |
| Identification Card Act.
|
35 |
| (O) A violation of Section 12-6.1 of the Criminal |
36 |
| Code of 1961.
|
|
|
|
HB4301 |
- 15 - |
LRB094 16044 DRH 51279 b |
|
|
1 |
| (P) A violation of paragraph (1), (2), (3), (4), |
2 |
| (5), or (7) of
subsection (a)
of Section 11-20.1 of the |
3 |
| Criminal Code of 1961.
|
4 |
| (Q) A violation of Section 20-1.2 or 20-1.3 of the |
5 |
| Criminal Code of
1961.
|
6 |
| (R) A violation of Section 24-3A of the Criminal |
7 |
| Code of
1961.
|
8 |
| (S) (Blank).
|
9 |
| (T) A second or subsequent violation of the |
10 |
| Methamphetamine Control and Community Protection Act.
|
11 |
| (3) (Blank).
|
12 |
| (4) A minimum term of imprisonment of not less than 10
|
13 |
| consecutive days or 30 days of community service shall be |
14 |
| imposed for a
violation of paragraph (c) of Section 6-303 |
15 |
| of the Illinois Vehicle Code.
|
16 |
| (4.1) (Blank).
|
17 |
| (4.2) Except as provided in paragraph (4.3) of this |
18 |
| subsection (c), a
minimum of
100 hours of community service |
19 |
| shall be imposed for a second violation of
Section 6-303
of |
20 |
| the Illinois Vehicle Code.
|
21 |
| (4.3) A minimum term of imprisonment of 30 days or 300 |
22 |
| hours of community
service, as determined by the court, |
23 |
| shall
be imposed for a second violation of subsection (c) |
24 |
| of Section 6-303 of the
Illinois Vehicle Code.
|
25 |
| (4.4) Except as provided in paragraph (4.5) and |
26 |
| paragraph (4.6) of this
subsection (c), a
minimum term of |
27 |
| imprisonment of 30 days or 300 hours of community service, |
28 |
| as
determined by the court, shall
be imposed
for a third or |
29 |
| subsequent violation of Section 6-303 of the Illinois |
30 |
| Vehicle
Code.
|
31 |
| (4.5) A minimum term of imprisonment of 30 days
shall |
32 |
| be imposed for a third violation of subsection (c) of
|
33 |
| Section 6-303 of the Illinois Vehicle Code.
|
34 |
| (4.6) A minimum term of imprisonment of 180 days shall |
35 |
| be imposed for a
fourth or subsequent violation of |
36 |
| subsection (c) of Section 6-303 of the
Illinois Vehicle |
|
|
|
HB4301 |
- 16 - |
LRB094 16044 DRH 51279 b |
|
|
1 |
| Code.
|
2 |
| (5) The court may sentence an offender convicted of a |
3 |
| business
offense or a petty offense or a corporation or |
4 |
| unincorporated
association convicted of any offense to:
|
5 |
| (A) a period of conditional discharge;
|
6 |
| (B) a fine;
|
7 |
| (C) make restitution to the victim under Section |
8 |
| 5-5-6 of this Code.
|
9 |
| (5.1) In addition to any penalties imposed under |
10 |
| paragraph (5) of this
subsection (c), and except as |
11 |
| provided in paragraph (5.2) or (5.3), a person
convicted of |
12 |
| violating subsection (c) of Section 11-907 of the Illinois
|
13 |
| Vehicle Code shall have his or her driver's license, |
14 |
| permit, or privileges
suspended for at least 90 days but |
15 |
| not more than one year, if the violation
resulted in damage |
16 |
| to the property of another person.
|
17 |
| (5.2) In addition to any penalties imposed under |
18 |
| paragraph (5) of this
subsection (c), and except as |
19 |
| provided in paragraph (5.3), a person convicted
of |
20 |
| violating subsection (c) of Section 11-907 of the Illinois |
21 |
| Vehicle Code
shall have his or her driver's license, |
22 |
| permit, or privileges suspended for at
least 180 days but |
23 |
| not more than 2 years, if the violation resulted in injury
|
24 |
| to
another person.
|
25 |
| (5.3) In addition to any penalties imposed under |
26 |
| paragraph (5) of
this
subsection (c), a person convicted of |
27 |
| violating subsection (c) of Section
11-907 of the Illinois |
28 |
| Vehicle Code shall have his or her driver's license,
|
29 |
| permit, or privileges suspended for 2 years, if the |
30 |
| violation resulted in the
death of another person. |
31 |
| (5.4) In addition to any penalties imposed under |
32 |
| paragraph (5) of this subsection (c), a person convicted of |
33 |
| violating Section 3-707 of the Illinois Vehicle Code shall |
34 |
| have his driver's license, permit, or privileges suspended |
35 |
| for 90 days and until he or she has paid a reinstatement |
36 |
| fee of $100. |
|
|
|
HB4301 |
- 17 - |
LRB094 16044 DRH 51279 b |
|
|
1 |
| (5.5) In addition to any penalties imposed under |
2 |
| paragraph (5) of this subsection (c), a person convicted of |
3 |
| violating Section 3-707 of the Illinois Vehicle Code during |
4 |
| a period in which his or her driver's license, permit, or |
5 |
| privileges were suspended for a previous violation of that |
6 |
| Section shall have his driver's license, permit, or |
7 |
| privileges suspended for an additional 180 days after the |
8 |
| expiration of the original 90 day suspension and until he |
9 |
| or she has paid a reinstatement fee of $100.
|
10 |
| (6) In no case shall an offender be eligible for a |
11 |
| disposition of
probation or conditional discharge for a |
12 |
| Class 1 felony committed while
he was serving a term of |
13 |
| probation or conditional discharge for a felony.
|
14 |
| (7) When a defendant is adjudged a habitual criminal |
15 |
| under Article
33B of the Criminal Code of 1961, the court |
16 |
| shall sentence
the defendant to a term of natural life |
17 |
| imprisonment.
|
18 |
| (8) When a defendant, over the age of 21 years, is |
19 |
| convicted of a
Class 1 or Class 2 felony, after having |
20 |
| twice been convicted
in any state or
federal court of an |
21 |
| offense that contains the same elements as an offense now
|
22 |
| classified in Illinois as a Class 2 or greater Class felony
|
23 |
| and such charges are
separately brought and tried and arise |
24 |
| out of different series of acts,
such defendant shall be |
25 |
| sentenced as a Class X offender. This paragraph
shall not |
26 |
| apply unless (1) the first felony was committed after the
|
27 |
| effective date of this amendatory Act of 1977; and (2) the |
28 |
| second felony
was committed after conviction on the first; |
29 |
| and (3) the third felony
was committed after conviction on |
30 |
| the second.
A person sentenced as a Class X offender under |
31 |
| this paragraph is not
eligible to apply for treatment as a |
32 |
| condition of probation as provided by
Section 40-10 of the |
33 |
| Alcoholism and Other Drug Abuse and Dependency Act.
|
34 |
| (9) A defendant convicted of a second or subsequent |
35 |
| offense of ritualized
abuse of a child may be sentenced to |
36 |
| a term of natural life imprisonment.
|
|
|
|
HB4301 |
- 18 - |
LRB094 16044 DRH 51279 b |
|
|
1 |
| (10) (Blank).
|
2 |
| (11) The court shall impose a minimum fine of $1,000 |
3 |
| for a first offense
and $2,000 for a second or subsequent |
4 |
| offense upon a person convicted of or
placed on supervision |
5 |
| for battery when the individual harmed was a sports
|
6 |
| official or coach at any level of competition and the act |
7 |
| causing harm to the
sports
official or coach occurred |
8 |
| within an athletic facility or within the immediate |
9 |
| vicinity
of the athletic facility at which the sports |
10 |
| official or coach was an active
participant
of the athletic |
11 |
| contest held at the athletic facility. For the purposes of
|
12 |
| this paragraph (11), "sports official" means a person at an |
13 |
| athletic contest
who enforces the rules of the contest, |
14 |
| such as an umpire or referee; "athletic facility" means an |
15 |
| indoor or outdoor playing field or recreational area where |
16 |
| sports activities are conducted;
and "coach" means a person |
17 |
| recognized as a coach by the sanctioning
authority that |
18 |
| conducted the sporting event. |
19 |
| (12) A person may not receive a disposition of court |
20 |
| supervision for a
violation of Section 5-16 of the Boat |
21 |
| Registration and Safety Act if that
person has previously |
22 |
| received a disposition of court supervision for a
violation |
23 |
| of that Section.
|
24 |
| (d) In any case in which a sentence originally imposed is |
25 |
| vacated,
the case shall be remanded to the trial court. The |
26 |
| trial court shall
hold a hearing under Section 5-4-1 of the |
27 |
| Unified Code of Corrections
which may include evidence of the |
28 |
| defendant's life, moral character and
occupation during the |
29 |
| time since the original sentence was passed. The
trial court |
30 |
| shall then impose sentence upon the defendant. The trial
court |
31 |
| may impose any sentence which could have been imposed at the
|
32 |
| original trial subject to Section 5-5-4 of the Unified Code of |
33 |
| Corrections.
If a sentence is vacated on appeal or on |
34 |
| collateral attack due to the
failure of the trier of fact at |
35 |
| trial to determine beyond a reasonable doubt
the
existence of a |
36 |
| fact (other than a prior conviction) necessary to increase the
|
|
|
|
HB4301 |
- 19 - |
LRB094 16044 DRH 51279 b |
|
|
1 |
| punishment for the offense beyond the statutory maximum |
2 |
| otherwise applicable,
either the defendant may be re-sentenced |
3 |
| to a term within the range otherwise
provided or, if the State |
4 |
| files notice of its intention to again seek the
extended |
5 |
| sentence, the defendant shall be afforded a new trial.
|
6 |
| (e) In cases where prosecution for
aggravated criminal |
7 |
| sexual abuse under Section 12-16 of the
Criminal Code of 1961 |
8 |
| results in conviction of a defendant
who was a family member of |
9 |
| the victim at the time of the commission of the
offense, the |
10 |
| court shall consider the safety and welfare of the victim and
|
11 |
| may impose a sentence of probation only where:
|
12 |
| (1) the court finds (A) or (B) or both are appropriate:
|
13 |
| (A) the defendant is willing to undergo a court |
14 |
| approved counseling
program for a minimum duration of 2 |
15 |
| years; or
|
16 |
| (B) the defendant is willing to participate in a |
17 |
| court approved plan
including but not limited to the |
18 |
| defendant's:
|
19 |
| (i) removal from the household;
|
20 |
| (ii) restricted contact with the victim;
|
21 |
| (iii) continued financial support of the |
22 |
| family;
|
23 |
| (iv) restitution for harm done to the victim; |
24 |
| and
|
25 |
| (v) compliance with any other measures that |
26 |
| the court may
deem appropriate; and
|
27 |
| (2) the court orders the defendant to pay for the |
28 |
| victim's counseling
services, to the extent that the court |
29 |
| finds, after considering the
defendant's income and |
30 |
| assets, that the defendant is financially capable of
paying |
31 |
| for such services, if the victim was under 18 years of age |
32 |
| at the
time the offense was committed and requires |
33 |
| counseling as a result of the
offense.
|
34 |
| Probation may be revoked or modified pursuant to Section |
35 |
| 5-6-4; except
where the court determines at the hearing that |
36 |
| the defendant violated a
condition of his or her probation |
|
|
|
HB4301 |
- 20 - |
LRB094 16044 DRH 51279 b |
|
|
1 |
| restricting contact with the victim or
other family members or |
2 |
| commits another offense with the victim or other
family |
3 |
| members, the court shall revoke the defendant's probation and
|
4 |
| impose a term of imprisonment.
|
5 |
| For the purposes of this Section, "family member" and |
6 |
| "victim" shall have
the meanings ascribed to them in Section |
7 |
| 12-12 of the Criminal Code of
1961.
|
8 |
| (f) This Article shall not deprive a court in other |
9 |
| proceedings to
order a forfeiture of property, to suspend or |
10 |
| cancel a license, to
remove a person from office, or to impose |
11 |
| any other civil penalty.
|
12 |
| (g) Whenever a defendant is convicted of an offense under |
13 |
| Sections
11-14, 11-15, 11-15.1, 11-16, 11-17, 11-18, 11-18.1, |
14 |
| 11-19, 11-19.1, 11-19.2,
12-13, 12-14, 12-14.1, 12-15 or 12-16 |
15 |
| of the Criminal Code of 1961,
the defendant shall undergo |
16 |
| medical testing to
determine whether the defendant has any |
17 |
| sexually transmissible disease,
including a test for infection |
18 |
| with human immunodeficiency virus (HIV) or
any other identified |
19 |
| causative agent of acquired immunodeficiency syndrome
(AIDS). |
20 |
| Any such medical test shall be performed only by appropriately
|
21 |
| licensed medical practitioners and may include an analysis of |
22 |
| any bodily
fluids as well as an examination of the defendant's |
23 |
| person.
Except as otherwise provided by law, the results of |
24 |
| such test shall be kept
strictly confidential by all medical |
25 |
| personnel involved in the testing and must
be personally |
26 |
| delivered in a sealed envelope to the judge of the court in |
27 |
| which
the conviction was entered for the judge's inspection in |
28 |
| camera. Acting in
accordance with the best interests of the |
29 |
| victim and the public, the judge
shall have the discretion to |
30 |
| determine to whom, if anyone, the results of the
testing may be |
31 |
| revealed. The court shall notify the defendant
of the test |
32 |
| results. The court shall
also notify the victim if requested by |
33 |
| the victim, and if the victim is under
the age of 15 and if |
34 |
| requested by the victim's parents or legal guardian, the
court |
35 |
| shall notify the victim's parents or legal guardian of the test
|
36 |
| results.
The court shall provide information on the |
|
|
|
HB4301 |
- 21 - |
LRB094 16044 DRH 51279 b |
|
|
1 |
| availability of HIV testing
and counseling at Department of |
2 |
| Public Health facilities to all parties to
whom the results of |
3 |
| the testing are revealed and shall direct the State's
Attorney |
4 |
| to provide the information to the victim when possible.
A |
5 |
| State's Attorney may petition the court to obtain the results |
6 |
| of any HIV test
administered under this Section, and the court |
7 |
| shall grant the disclosure if
the State's Attorney shows it is |
8 |
| relevant in order to prosecute a charge of
criminal |
9 |
| transmission of HIV under Section 12-16.2 of the Criminal Code |
10 |
| of 1961
against the defendant. The court shall order that the |
11 |
| cost of any such test
shall be paid by the county and may be |
12 |
| taxed as costs against the convicted
defendant.
|
13 |
| (g-5) When an inmate is tested for an airborne communicable |
14 |
| disease, as
determined by the Illinois Department of Public |
15 |
| Health including but not
limited to tuberculosis, the results |
16 |
| of the test shall be
personally delivered by the warden or his |
17 |
| or her designee in a sealed envelope
to the judge of the court |
18 |
| in which the inmate must appear for the judge's
inspection in |
19 |
| camera if requested by the judge. Acting in accordance with the
|
20 |
| best interests of those in the courtroom, the judge shall have |
21 |
| the discretion
to determine what if any precautions need to be |
22 |
| taken to prevent transmission
of the disease in the courtroom.
|
23 |
| (h) Whenever a defendant is convicted of an offense under |
24 |
| Section 1 or 2
of the Hypodermic Syringes and Needles Act, the |
25 |
| defendant shall undergo
medical testing to determine whether |
26 |
| the defendant has been exposed to human
immunodeficiency virus |
27 |
| (HIV) or any other identified causative agent of
acquired |
28 |
| immunodeficiency syndrome (AIDS). Except as otherwise provided |
29 |
| by
law, the results of such test shall be kept strictly |
30 |
| confidential by all
medical personnel involved in the testing |
31 |
| and must be personally delivered in a
sealed envelope to the |
32 |
| judge of the court in which the conviction was entered
for the |
33 |
| judge's inspection in camera. Acting in accordance with the |
34 |
| best
interests of the public, the judge shall have the |
35 |
| discretion to determine to
whom, if anyone, the results of the |
36 |
| testing may be revealed. The court shall
notify the defendant |
|
|
|
HB4301 |
- 22 - |
LRB094 16044 DRH 51279 b |
|
|
1 |
| of a positive test showing an infection with the human
|
2 |
| immunodeficiency virus (HIV). The court shall provide |
3 |
| information on the
availability of HIV testing and counseling |
4 |
| at Department of Public Health
facilities to all parties to |
5 |
| whom the results of the testing are revealed and
shall direct |
6 |
| the State's Attorney to provide the information to the victim |
7 |
| when
possible. A State's Attorney may petition the court to |
8 |
| obtain the results of
any HIV test administered under this |
9 |
| Section, and the court shall grant the
disclosure if the |
10 |
| State's Attorney shows it is relevant in order to prosecute a
|
11 |
| charge of criminal transmission of HIV under Section 12-16.2 of |
12 |
| the Criminal
Code of 1961 against the defendant. The court |
13 |
| shall order that the cost of any
such test shall be paid by the |
14 |
| county and may be taxed as costs against the
convicted |
15 |
| defendant.
|
16 |
| (i) All fines and penalties imposed under this Section for |
17 |
| any violation
of Chapters 3, 4, 6, and 11 of the Illinois |
18 |
| Vehicle Code, or a similar
provision of a local ordinance, and |
19 |
| any violation
of the Child Passenger Protection Act, or a |
20 |
| similar provision of a local
ordinance, shall be collected and |
21 |
| disbursed by the circuit
clerk as provided under Section 27.5 |
22 |
| of the Clerks of Courts Act.
|
23 |
| (j) In cases when prosecution for any violation of Section |
24 |
| 11-6, 11-8,
11-9, 11-11, 11-14, 11-15, 11-15.1, 11-16, 11-17, |
25 |
| 11-17.1, 11-18, 11-18.1,
11-19, 11-19.1, 11-19.2, 11-20.1, |
26 |
| 11-21, 12-13, 12-14, 12-14.1, 12-15, or
12-16 of the
Criminal |
27 |
| Code of 1961, any violation of the Illinois Controlled |
28 |
| Substances Act,
any violation of the Cannabis Control Act, or |
29 |
| any violation of the Methamphetamine Control and Community |
30 |
| Protection Act results in conviction, a
disposition of court |
31 |
| supervision, or an order of probation granted under
Section 10 |
32 |
| of the Cannabis Control Act, Section 410 of the Illinois
|
33 |
| Controlled Substance Act, or Section 70 of the Methamphetamine |
34 |
| Control and Community Protection Act of a defendant, the court |
35 |
| shall determine whether the
defendant is employed by a facility |
36 |
| or center as defined under the Child Care
Act of 1969, a public |
|
|
|
HB4301 |
- 23 - |
LRB094 16044 DRH 51279 b |
|
|
1 |
| or private elementary or secondary school, or otherwise
works |
2 |
| with children under 18 years of age on a daily basis. When a |
3 |
| defendant
is so employed, the court shall order the Clerk of |
4 |
| the Court to send a copy of
the judgment of conviction or order |
5 |
| of supervision or probation to the
defendant's employer by |
6 |
| certified mail.
If the employer of the defendant is a school, |
7 |
| the Clerk of the Court shall
direct the mailing of a copy of |
8 |
| the judgment of conviction or order of
supervision or probation |
9 |
| to the appropriate regional superintendent of schools.
The |
10 |
| regional superintendent of schools shall notify the State Board |
11 |
| of
Education of any notification under this subsection.
|
12 |
| (j-5) A defendant at least 17 years of age who is convicted |
13 |
| of a felony and
who has not been previously convicted of a |
14 |
| misdemeanor or felony and who is
sentenced to a term of |
15 |
| imprisonment in the Illinois Department of Corrections
shall as |
16 |
| a condition of his or her sentence be required by the court to |
17 |
| attend
educational courses designed to prepare the defendant |
18 |
| for a high school diploma
and to work toward a high school |
19 |
| diploma or to work toward passing the high
school level Test of |
20 |
| General Educational Development (GED) or to work toward
|
21 |
| completing a vocational training program offered by the |
22 |
| Department of
Corrections. If a defendant fails to complete the |
23 |
| educational training
required by his or her sentence during the |
24 |
| term of incarceration, the Prisoner
Review Board shall, as a |
25 |
| condition of mandatory supervised release, require the
|
26 |
| defendant, at his or her own expense, to pursue a course of |
27 |
| study toward a high
school diploma or passage of the GED test. |
28 |
| The Prisoner Review Board shall
revoke the mandatory supervised |
29 |
| release of a defendant who wilfully fails to
comply with this |
30 |
| subsection (j-5) upon his or her release from confinement in a
|
31 |
| penal institution while serving a mandatory supervised release |
32 |
| term; however,
the inability of the defendant after making a |
33 |
| good faith effort to obtain
financial aid or pay for the |
34 |
| educational training shall not be deemed a wilful
failure to |
35 |
| comply. The Prisoner Review Board shall recommit the defendant
|
36 |
| whose mandatory supervised release term has been revoked under |
|
|
|
HB4301 |
- 24 - |
LRB094 16044 DRH 51279 b |
|
|
1 |
| this subsection
(j-5) as provided in Section 3-3-9. This |
2 |
| subsection (j-5) does not apply to a
defendant who has a high |
3 |
| school diploma or has successfully passed the GED
test. This |
4 |
| subsection (j-5) does not apply to a defendant who is |
5 |
| determined by
the court to be developmentally disabled or |
6 |
| otherwise mentally incapable of
completing the educational or |
7 |
| vocational program.
|
8 |
| (k) A court may not impose a sentence or disposition for a
|
9 |
| felony or misdemeanor that requires the defendant to be |
10 |
| implanted or injected
with or to use any form of birth control.
|
11 |
| (l) (A) Except as provided
in paragraph (C) of subsection |
12 |
| (l), whenever a defendant,
who is an alien as defined by |
13 |
| the Immigration and Nationality Act, is convicted
of any |
14 |
| felony or misdemeanor offense, the court after sentencing |
15 |
| the defendant
may, upon motion of the State's Attorney, |
16 |
| hold sentence in abeyance and remand
the defendant to the |
17 |
| custody of the Attorney General of
the United States or his |
18 |
| or her designated agent to be deported when:
|
19 |
| (1) a final order of deportation has been issued |
20 |
| against the defendant
pursuant to proceedings under |
21 |
| the Immigration and Nationality Act, and
|
22 |
| (2) the deportation of the defendant would not |
23 |
| deprecate the seriousness
of the defendant's conduct |
24 |
| and would not be inconsistent with the ends of
justice.
|
25 |
| Otherwise, the defendant shall be sentenced as |
26 |
| provided in this Chapter V.
|
27 |
| (B) If the defendant has already been sentenced for a |
28 |
| felony or
misdemeanor
offense, or has been placed on |
29 |
| probation under Section 10 of the Cannabis
Control Act,
|
30 |
| Section 410 of the Illinois Controlled Substances Act, or |
31 |
| Section 70 of the Methamphetamine Control and Community |
32 |
| Protection Act, the court
may, upon motion of the State's |
33 |
| Attorney to suspend the
sentence imposed, commit the |
34 |
| defendant to the custody of the Attorney General
of the |
35 |
| United States or his or her designated agent when:
|
36 |
| (1) a final order of deportation has been issued |
|
|
|
HB4301 |
- 25 - |
LRB094 16044 DRH 51279 b |
|
|
1 |
| against the defendant
pursuant to proceedings under |
2 |
| the Immigration and Nationality Act, and
|
3 |
| (2) the deportation of the defendant would not |
4 |
| deprecate the seriousness
of the defendant's conduct |
5 |
| and would not be inconsistent with the ends of
justice.
|
6 |
| (C) This subsection (l) does not apply to offenders who |
7 |
| are subject to the
provisions of paragraph (2) of |
8 |
| subsection (a) of Section 3-6-3.
|
9 |
| (D) Upon motion of the State's Attorney, if a defendant |
10 |
| sentenced under
this Section returns to the jurisdiction of |
11 |
| the United States, the defendant
shall be recommitted to |
12 |
| the custody of the county from which he or she was
|
13 |
| sentenced.
Thereafter, the defendant shall be brought |
14 |
| before the sentencing court, which
may impose any sentence |
15 |
| that was available under Section 5-5-3 at the time of
|
16 |
| initial sentencing. In addition, the defendant shall not be |
17 |
| eligible for
additional good conduct credit for |
18 |
| meritorious service as provided under
Section 3-6-6.
|
19 |
| (m) A person convicted of criminal defacement of property |
20 |
| under Section
21-1.3 of the Criminal Code of 1961, in which the |
21 |
| property damage exceeds $300
and the property damaged is a |
22 |
| school building, shall be ordered to perform
community service |
23 |
| that may include cleanup, removal, or painting over the
|
24 |
| defacement.
|
25 |
| (n) The court may sentence a person convicted of a |
26 |
| violation of Section
12-19, 12-21, or 16-1.3 of the Criminal |
27 |
| Code of 1961 (i) to an impact
incarceration program if the |
28 |
| person is otherwise eligible for that program
under Section |
29 |
| 5-8-1.1, (ii) to community service, or (iii) if the person is |
30 |
| an
addict or alcoholic, as defined in the Alcoholism and Other |
31 |
| Drug Abuse and
Dependency Act, to a substance or alcohol abuse |
32 |
| program licensed under that
Act.
|
33 |
| (Source: P.A. 93-44, eff. 7-1-03; 93-156, eff. 1-1-04; 93-169, |
34 |
| eff. 7-10-03; 93-301, eff. 1-1-04; 93-419, eff. 1-1-04; 93-546, |
35 |
| eff. 1-1-04; 93-694, eff. 7-9-04; 93-782, eff. 1-1-05; 93-800, |
36 |
| eff. 1-1-05; 93-1014, eff. 1-1-05; 94-72, eff. 1-1-06; 94-556, |