|
|||||||||||||||||||||||||
|
|||||||||||||||||||||||||
| |||||||||||||||||||||||||
| |||||||||||||||||||||||||
| |||||||||||||||||||||||||
1 | AN ACT concerning criminal law.
| ||||||||||||||||||||||||
2 | Be it enacted by the People of the State of Illinois,
| ||||||||||||||||||||||||
3 | represented in the General Assembly:
| ||||||||||||||||||||||||
4 | Section 5. The Department of State Police Law of the
Civil | ||||||||||||||||||||||||
5 | Administrative Code of Illinois is amended by adding Section | ||||||||||||||||||||||||
6 | 2605-560 as follows: | ||||||||||||||||||||||||
7 | (20 ILCS 2605/2605-560 new)
| ||||||||||||||||||||||||
8 | Sec. 2605-560. Internet Crimes Enforcement Unit. | ||||||||||||||||||||||||
9 | (a) There is created in the Department the Internet Crimes | ||||||||||||||||||||||||
10 | Enforcement Unit to investigate criminal offenses committed by | ||||||||||||||||||||||||
11 | use of the Internet. The Department shall establish a toll-free | ||||||||||||||||||||||||
12 | hotline for members of the public to report alleged Internet | ||||||||||||||||||||||||
13 | crimes to be investigated by the Internet Crimes Enforcement | ||||||||||||||||||||||||
14 | Unit. Upon receiving a credible report of an alleged Internet | ||||||||||||||||||||||||
15 | crime, the Unit shall inform the local law enforcement agency | ||||||||||||||||||||||||
16 | where the alleged crime occurred of the alleged Internet crime | ||||||||||||||||||||||||
17 | and direct the local law enforcement agency to investigate the | ||||||||||||||||||||||||
18 | crime or to investigate the crime in conjunction with the | ||||||||||||||||||||||||
19 | Department. The Department or the local law enforcement agency | ||||||||||||||||||||||||
20 | may obtain a warrant to search the computer hard drive of any | ||||||||||||||||||||||||
21 | person suspected of committing an Internet crime. | ||||||||||||||||||||||||
22 | (b) The Department shall establish a hyperlink on its home | ||||||||||||||||||||||||
23 | web page to NetSmartz for the purpose of reporting Internet |
| |||||||
| |||||||
1 | crimes against children. Such reports shall be forwarded to the | ||||||
2 | Attorney General's Office and to local State's Attorneys in | ||||||
3 | cooperation with the United States Department of Justice's | ||||||
4 | Internet Crimes Against Children Task Force Program. | ||||||
5 | (c) The Department shall train at least one police officer | ||||||
6 | per State Police Zone to provide NetSmartz training in that | ||||||
7 | zone to schools and other interested parties.
| ||||||
8 | Section 10. The State Finance Act is amended by adding | ||||||
9 | Section 5.675 as follows: | ||||||
10 | (30 ILCS 105/5.675 new) | ||||||
11 | Sec. 5.675. The Internet Predator Investigation and | ||||||
12 | Prosecution Fund.
| ||||||
13 | Section 15. The Criminal Code of 1961 is amended by | ||||||
14 | changing and renumbering Section 11-23 and by adding Sections | ||||||
15 | 11-25, 16D-5.5, and 16D-5.6 as follows:
| ||||||
16 | (720 ILCS 5/11-25 new)
| ||||||
17 | Sec. 11-25. Computer pornography. | ||||||
18 | (a) As used in this Section: | ||||||
19 | "Child" means any person under 16 years of age. | ||||||
20 | "Identifiable child" means a person:
(1) who was a | ||||||
21 | child at the time the visual depiction was created, | ||||||
22 | adapted, or modified or whose image as a child was used in |
| |||||||
| |||||||
1 | creating, adapting, or modifying the visual depiction; and
| ||||||
2 | (2) who is recognizable as an actual person by the person's | ||||||
3 | face, likeness, or other distinguishing characteristic, | ||||||
4 | such as a unique birthmark or other recognizable feature or | ||||||
5 | by electronic or scientific means as may be available.
The | ||||||
6 | term shall not be construed to require proof of the actual | ||||||
7 | identity of the child. | ||||||
8 | "Sadomasochistic abuse" "Sadomasochistic abuse" means | ||||||
9 | flagellation or torture by or
upon a person who is nude or | ||||||
10 | clad in undergarments or in revealing
or bizarre costume or | ||||||
11 | the condition of being fettered, bound, or
otherwise | ||||||
12 | physically restrained on the part of one so clothed. | ||||||
13 | "Sexual conduct" and "sexual penetration"have the same | ||||||
14 | meaning as provided in Section 12-12 of this Code. | ||||||
15 | "Sexual excitement" means the condition of human male | ||||||
16 | or
female genitals or the breasts of the female when in a | ||||||
17 | state of
sexual stimulation. | ||||||
18 | "Sexually explicit nudity" means a state of undress so | ||||||
19 | as to
expose the human male or female genitals, pubic area, | ||||||
20 | or buttocks
with less than a full opaque covering, or the | ||||||
21 | showing of the
female breast with less than a fully opaque | ||||||
22 | covering of any
portion thereof below the top of the | ||||||
23 | nipple, or the depiction of
covered or uncovered male | ||||||
24 | genitals in a discernibly turgid state. | ||||||
25 | "Visual depiction" means any image and includes | ||||||
26 | undeveloped film and video tape and data stored on computer |
| |||||||
| |||||||
1 | disk or by electronic means which is capable of conversion | ||||||
2 | into a visual image or which has been created, adapted, or | ||||||
3 | modified to show an identifiable child engaged in sexually | ||||||
4 | explicit conduct. | ||||||
5 | (b) A person commits the offense of computer pornography if | ||||||
6 | he or she intentionally or knowingly for the purpose of | ||||||
7 | offering or soliciting sexual conduct or sexual penetration of | ||||||
8 | or with an identifiable child or the visual depiction of such | ||||||
9 | conduct or penetration: | ||||||
10 | (1) compiles, enters into, or transmits by means of | ||||||
11 | computer; | ||||||
12 | (2) makes, prints, publishes, or reproduces by other | ||||||
13 | computerized means; | ||||||
14 | (3) causes or allows to be entered into or transmitted | ||||||
15 | by means of computer; or | ||||||
16 | (4) buys, sells, receives, exchanges, or disseminates
| ||||||
17 | any notice, statement, or advertisement, or any child's | ||||||
18 | name, telephone number, place of residence, physical | ||||||
19 | characteristics, or other descriptive or identifying | ||||||
20 | information. | ||||||
21 | (c) It is unlawful for any owner or operator of a computer | ||||||
22 | on-line service, Internet service, or local bulletin board | ||||||
23 | service intentionally or knowingly to permit a subscriber to | ||||||
24 | utilize the service to commit a violation of this Section, | ||||||
25 | knowing that such person intended to utilize such service to | ||||||
26 | violate this Section. No owner or operator of a public computer |
| |||||||
| |||||||
1 | on-line service, Internet service, or local bulletin board | ||||||
2 | service shall be held liable on account of any action taken in | ||||||
3 | good faith in providing the aforementioned services.
| ||||||
4 | (d) (1) Except as otherwise provided in paragraph (2) of | ||||||
5 | this subsection (d), a person convicted of violating subsection | ||||||
6 | (b) of this Section is guilty of a Class 1 felony. | ||||||
7 | (2) If at the time of the offense the victim was 14 or 15 | ||||||
8 | years of age and the defendant was no more than 3 years older | ||||||
9 | than the victim, then the defendant is guilty of a Class A | ||||||
10 | misdemeanor. | ||||||
11 | (3) A person who commits a violation of subsection (c) of | ||||||
12 | this Section is guilty of a Class A misdemeanor. | ||||||
13 | (e) The sole fact that an undercover operative or law | ||||||
14 | enforcement officer was involved in the detection and | ||||||
15 | investigation of an offense under this Section does not | ||||||
16 | constitute a defense to prosecution under this Section. | ||||||
17 | (f) A person is subject to prosecution in this State for | ||||||
18 | any conduct made unlawful by this Section that the person | ||||||
19 | engages in while either within or outside of this State if, by | ||||||
20 | such conduct, the person commits a violation of this Section | ||||||
21 | which involves a child who resides in this State or another | ||||||
22 | person believed by such person to be a child residing in this | ||||||
23 | State. | ||||||
24 | (g) Each violation of this Section constitutes a separate | ||||||
25 | offense.
|
| |||||||
| |||||||
1 | (720 ILCS 5/16D-5.4) was (720 ILCS 5/11-23)
| ||||||
2 | Sec. 16D-5.4
11-23 . Posting of identifying information on | ||||||
3 | an
a pornographic
Internet site.
| ||||||
4 | (a) A person at least 17 years of age who discloses on an | ||||||
5 | adult obscenity or
child
pornography Internet site the name, | ||||||
6 | address, telephone number, or e-mail
address of a person
under | ||||||
7 | 17 years of age at the time of the commission of
the offense or | ||||||
8 | of a person at least 17 years of age without the consent of
the | ||||||
9 | person at least 17 years of age is guilty of the offense of | ||||||
10 | posting of
identifying information on an
a pornographic | ||||||
11 | Internet site.
| ||||||
12 | (b) Sentence. A person who violates this Section is guilty | ||||||
13 | of a Class 4
felony if the victim is at least 17 years of age at | ||||||
14 | the time of the offense and
a
Class 3 felony if the victim is | ||||||
15 | under 17 years of age at the time of the
offense.
| ||||||
16 | (c) Definitions. For purposes of this Section:
| ||||||
17 | (1) (Blank)
"Adult obscenity or child pornography | ||||||
18 | Internet site" means a site on
the Internet that contains | ||||||
19 | material that is obscene as defined in Section 11-20
of | ||||||
20 | this Code or
that is child pornography as defined in | ||||||
21 | Section 11-20.1 of this Code .
| ||||||
22 | (2) "Internet" includes the World Wide Web, electronic | ||||||
23 | mail, a
news group posting, or Internet file transfer.
| ||||||
24 | (Source: P.A. 91-222, eff. 7-22-99.)
| ||||||
25 | (720 ILCS 5/16D-5.5 new)
|
| |||||||
| |||||||
1 | Sec. 16D-5.5. Unlawful use of encryption. | ||||||
2 | (a)
For the purposes of this Section: | ||||||
3 | "Access" means to intercept, instruct, communicate | ||||||
4 | with, store data in, retrieve from or otherwise make use of | ||||||
5 | any resources of a computer, network, or data.
| ||||||
6 | "Computer" means an electronic device which performs | ||||||
7 | logical, arithmetic, and memory functions by manipulations | ||||||
8 | of electronic or magnetic impulses and includes all | ||||||
9 | equipment related to the computer in a system or network.
| ||||||
10 | "Computer contaminant" means any data, information, | ||||||
11 | image, program, signal, or sound that is designed or has | ||||||
12 | the capability to:
(1) contaminate, corrupt, consume, | ||||||
13 | damage, destroy, disrupt, modify, record, or transmit; or
| ||||||
14 | (2) cause to be contaminated, corrupted, consumed, | ||||||
15 | damaged, destroyed, disrupted, modified, recorded, or | ||||||
16 | transmitted,
any other data, information, image, program, | ||||||
17 | signal or sound contained in a computer, system, or network | ||||||
18 | without the knowledge or consent of the person who owns the | ||||||
19 | other data, information, image, program, signal or sound or | ||||||
20 | the computer, system or network.
"Computer contaminant" | ||||||
21 | includes, without limitation:
(1) a virus, worm or Trojan | ||||||
22 | horse;
(2) spyware that tracks computer activity and is | ||||||
23 | capable of recording and transmitting such information to | ||||||
24 | third parties; or
(3) any other similar data, information, | ||||||
25 | image, program, signal, or sound that is designed or has | ||||||
26 | the capability to prevent, impede, delay, or disrupt the |
| |||||||
| |||||||
1 | normal operation or use of any component, device, | ||||||
2 | equipment, system or network.
| ||||||
3 | "Data" means a representation in any form of | ||||||
4 | information, knowledge, facts, concepts or instructions | ||||||
5 | which is being prepared or has been formally prepared and | ||||||
6 | is intended to be processed, is being processed or has been | ||||||
7 | processed in a system or network.
| ||||||
8 | "Encryption" means the use of any protective or | ||||||
9 | disruptive measure, including, without limitation, | ||||||
10 | cryptography, enciphering, encoding, or a computer | ||||||
11 | contaminant, to:
(1) prevent, impede, delay or disrupt | ||||||
12 | access to any data, information, image, program, signal, or | ||||||
13 | sound;
(2) cause or make any data, information, image, | ||||||
14 | program, signal, or sound unintelligible or unusable; or
| ||||||
15 | (3) prevent, impede, delay, or disrupt the normal operation | ||||||
16 | or use of any component, device, equipment, system, or | ||||||
17 | network. | ||||||
18 | "Network" means a set of related, remotely connected | ||||||
19 | devices and facilities, including more than one system, | ||||||
20 | with the capability to transmit data among any of the | ||||||
21 | devices and facilities. The term includes, without | ||||||
22 | limitation, a local, regional, or global computer network.
| ||||||
23 | "Program" means an ordered set of data representing | ||||||
24 | coded instructions or statements which can be executed by a | ||||||
25 | computer and cause the computer to perform one or more | ||||||
26 | tasks. |
| |||||||
| |||||||
1 | "System" means a set of related equipment, whether or | ||||||
2 | not connected, which is used with or for a computer.
| ||||||
3 | (b) A person shall not knowingly use or attempt to use | ||||||
4 | encryption, directly or indirectly, to: | ||||||
5 | (1) commit, facilitate, further, or promote any | ||||||
6 | criminal offense; | ||||||
7 | (2) aid, assist, or encourage another person to commit | ||||||
8 | any criminal offense; | ||||||
9 | (3) conceal the commission of any criminal offense; | ||||||
10 | (4) conceal or protect the identity of a person who has | ||||||
11 | committed any criminal offense; or | ||||||
12 | (5) Delay, hinder, or obstruct the administration of | ||||||
13 | the law. | ||||||
14 | (c) Sentence. A person who violates this Section is guilty | ||||||
15 | of a Class A misdemeanor, unless the encryption was used or | ||||||
16 | attempted to be used to commit an offense for which a greater | ||||||
17 | penalty is provided by law. If the encryption was used or | ||||||
18 | attempted to be used to commit an offense for which a greater | ||||||
19 | penalty is provided by law, the person shall be punished as | ||||||
20 | prescribed by law for that offense. | ||||||
21 | (d) A person who violates this Section commits a criminal | ||||||
22 | offense that is separate and distinct from any other criminal | ||||||
23 | offense and may be prosecuted and convicted under this Section | ||||||
24 | whether or not the person or any other person is or has been | ||||||
25 | prosecuted or convicted for any other criminal offense arising | ||||||
26 | out of the same facts as the violation of this Section. |
| |||||||
| |||||||
1 | (720 ILCS 5/16D-5.6 new)
| ||||||
2 | Sec. 16D-5.6. Enticing child by means of the Internet. | ||||||
3 | (a) For the purposes of this Section, "child", "sexually | ||||||
4 | explicit nudity", "sexual conduct", "sexual penetration", | ||||||
5 | "sexual excitement", and "sadomasochistic abuse" have the | ||||||
6 | meanings ascribed to them in Section 11-25 of this Code.
| ||||||
7 | (b) It is unlawful for any person intentionally or | ||||||
8 | knowingly to utilize a computer on-line service or Internet | ||||||
9 | service, including but not limited to a local bulletin board | ||||||
10 | service, Internet chat room, e-mail, or on-line messaging | ||||||
11 | service to seduce, solicit, lure, or entice, or attempt to | ||||||
12 | seduce, solicit, lure, or entice a child or another person | ||||||
13 | believed by such person to be a child to commit any illegal act | ||||||
14 | described in Section 11-6, 11-9, 12-13, 12-14, 12-14.1, 12-15, | ||||||
15 | or 12-16 of this Code. | ||||||
16 | (c) It is unlawful for any person to intentionally or | ||||||
17 | knowingly contact someone he or she knows to be a child or | ||||||
18 | someone he or she believes to be a child via a computer on-line | ||||||
19 | service or Internet service, including but not limited to a | ||||||
20 | local bulletin board service, Internet chat room, e-mail, or | ||||||
21 | on-line messaging service, and the contact involves any matter | ||||||
22 | containing explicit verbal descriptions or narrative accounts | ||||||
23 | of sexually explicit nudity, sexual conduct, sexual | ||||||
24 | excitement, or sadomasochistic abuse that is intended to arouse | ||||||
25 | or satisfy the sexual desire of either the child or the person, |
| |||||||
| |||||||
1 | provided that no conviction shall be had for a violation of | ||||||
2 | this subsection (c) on the unsupported testimony of a child.
| ||||||
3 | (d) Sentence. (1) Except as otherwise provided in paragraph | ||||||
4 | (2) of this subsection (d), a violation of this Section is a | ||||||
5 | Class 1 felony. | ||||||
6 | (2) If at the time of the offense the victim was 14 or 15 | ||||||
7 | years of age and the defendant was no more than 3 years older | ||||||
8 | than the victim, then the defendant is guilty of a Class A | ||||||
9 | misdemeanor. | ||||||
10 | (e) The sole fact that an undercover operative or law | ||||||
11 | enforcement officer was involved in the detection and | ||||||
12 | investigation of an offense under this Section does not | ||||||
13 | constitute a defense to prosecution under this Section. | ||||||
14 | (f) A person is subject to prosecution in this State for | ||||||
15 | any conduct made unlawful by this Section that the person | ||||||
16 | engages in while either within or outside of this State if, by | ||||||
17 | such conduct, the person commits a violation of this Section | ||||||
18 | which involves a child who resides in this State or another | ||||||
19 | person believed by such person to be a child residing in this | ||||||
20 | State. | ||||||
21 | (g) Each violation of this Section constitutes a separate | ||||||
22 | offense.
| ||||||
23 | Section 20. The Harassing and Obscene Communications Act is | ||||||
24 | amended by changing Section 2 as follows:
|
| |||||||
| |||||||
1 | (720 ILCS 135/2) (from Ch. 134, par. 16.5)
| ||||||
2 | Sec. 2. Sentence.
| ||||||
3 | (a) Except as provided in
subsection (b), a
person who | ||||||
4 | violates any of the provisions of
Section 1 or
, 1-1 , or 1-2 of | ||||||
5 | this Act
is guilty of a Class B misdemeanor.
Except as provided
| ||||||
6 | in subsection (b), a second or subsequent
violation of Section | ||||||
7 | 1 or
, 1-1 , or 1-2 of this
Act is a Class A
misdemeanor, for | ||||||
8 | which the
court
shall impose a minimum of 14 days in
jail or, | ||||||
9 | if public or
community service is established in the county in | ||||||
10 | which the offender was
convicted, 240 hours of public or | ||||||
11 | community service. Except as provided in
subsection (b), a
| ||||||
12 | person who violates any of the provisions of
Section 1-2 of | ||||||
13 | this Act is guilty of a Class A misdemeanor for which the court | ||||||
14 | shall impose a minimum of 15 days in jail and a maximum of 30 | ||||||
15 | days in jail. A second or subsequent violation of Section 1-2 | ||||||
16 | is a Class 4 felony.
| ||||||
17 | (b) In any of the following circumstances, a person who | ||||||
18 | violates Section 1,
1-1, or
1-2 of this Act shall be guilty of | ||||||
19 | a Class 4 felony:
| ||||||
20 | (1) The person has 3 or more prior violations in the | ||||||
21 | last 10 years of
harassment
by
telephone under Section 1-1 | ||||||
22 | of this Act, harassment through electronic
communications | ||||||
23 | under Section 1-2 of this Act, or any similar offense of | ||||||
24 | any
state;
| ||||||
25 | (2) The person has previously violated the harassment | ||||||
26 | by telephone
provisions of Section 1-1 of this Act or the |
| |||||||
| |||||||
1 | harassment through electronic
communications provisions of | ||||||
2 | Section 1-2 of this Act or committed any similar
offense in | ||||||
3 | any state with the same victim or a member of the victim's | ||||||
4 | family or
household;
| ||||||
5 | (3) At the time of the offense, the offender was under | ||||||
6 | conditions of bail,
probation, mandatory supervised | ||||||
7 | release or was the subject of an order of
protection, in | ||||||
8 | this or any other state, prohibiting contact with the | ||||||
9 | victim or
any member of the victim's family or household;
| ||||||
10 | (4) In the course of the offense, the offender | ||||||
11 | threatened to kill the
victim or any member of the victim's | ||||||
12 | family or household;
| ||||||
13 | (5) The person has been convicted in the last 10 years | ||||||
14 | of a forcible
felony
as defined in Section 2-8 of the | ||||||
15 | Criminal Code of 1961; or
| ||||||
16 | (6) The person violates paragraph (4.1) of Section 1-1 | ||||||
17 | or paragraph
(3.1) of subsection (a) of Section 1-2.
| ||||||
18 | (Source: P.A. 90-578, eff. 6-1-98; 91-878, eff. 1-1-01.)
| ||||||
19 | Section 25. The Unified Code of Corrections is amended by | ||||||
20 | changing Sections 5-5-3 and 5-5-3.2 as follows:
| ||||||
21 | (730 ILCS 5/5-5-3) (from Ch. 38, par. 1005-5-3)
| ||||||
22 | Sec. 5-5-3. Disposition.
| ||||||
23 | (a) Except as provided in Section 11-501 of the Illinois | ||||||
24 | Vehicle Code, every person convicted of an offense shall be |
| |||||||
| |||||||
1 | sentenced as provided
in this Section.
| ||||||
2 | (b) The following options shall be appropriate | ||||||
3 | dispositions, alone
or in combination, for all felonies and | ||||||
4 | misdemeanors other than those
identified in subsection (c) of | ||||||
5 | this Section:
| ||||||
6 | (1) A period of probation.
| ||||||
7 | (2) A term of periodic imprisonment.
| ||||||
8 | (3) A term of conditional discharge.
| ||||||
9 | (4) A term of imprisonment.
| ||||||
10 | (5) An order directing the offender to clean up and | ||||||
11 | repair the
damage, if the offender was convicted under | ||||||
12 | paragraph (h) of Section
21-1 of the Criminal Code of 1961 | ||||||
13 | (now repealed).
| ||||||
14 | (6) A fine.
| ||||||
15 | (7) An order directing the offender to make restitution | ||||||
16 | to the
victim under Section 5-5-6 of this Code.
| ||||||
17 | (8) A sentence of participation in a county impact | ||||||
18 | incarceration
program under Section 5-8-1.2 of this Code. | ||||||
19 | (9) A term of imprisonment in combination with a term | ||||||
20 | of probation when the offender has been admitted into a | ||||||
21 | drug court program under Section 20 of the Drug Court | ||||||
22 | Treatment Act.
| ||||||
23 | Neither a fine nor restitution shall be the sole | ||||||
24 | disposition
for a felony and either or both may be imposed only | ||||||
25 | in conjunction with
another disposition.
| ||||||
26 | (c) (1) When a defendant is found guilty of first degree |
| |||||||
| |||||||
1 | murder the
State may either seek a sentence of imprisonment | ||||||
2 | under Section 5-8-1 of
this Code, or where appropriate seek | ||||||
3 | a sentence of death under Section 9-1
of the Criminal Code | ||||||
4 | of 1961.
| ||||||
5 | (2) A period of probation, a term of periodic | ||||||
6 | imprisonment or
conditional discharge shall not be imposed | ||||||
7 | for the following offenses.
The court shall sentence the | ||||||
8 | offender to not less than the minimum term
of imprisonment | ||||||
9 | set forth in this Code for the following offenses, and
may | ||||||
10 | order a fine or restitution or both in conjunction with | ||||||
11 | such term of
imprisonment:
| ||||||
12 | (A) First degree murder where the death penalty is | ||||||
13 | not imposed.
| ||||||
14 | (B) Attempted first degree murder.
| ||||||
15 | (C) A Class X felony.
| ||||||
16 | (D) A violation of Section 401.1 or 407 of the
| ||||||
17 | Illinois Controlled Substances Act, or a violation of | ||||||
18 | subdivision (c)(1) or
(c)(2) of
Section 401 of that Act | ||||||
19 | which relates to more than 5 grams of a substance
| ||||||
20 | containing heroin or cocaine or an analog thereof.
| ||||||
21 | (E) A violation of Section 5.1 or 9 of the Cannabis | ||||||
22 | Control
Act.
| ||||||
23 | (F) A Class 2 or greater felony if the offender had | ||||||
24 | been convicted
of a Class 2 or greater felony within 10 | ||||||
25 | years of the date on which the
offender
committed the | ||||||
26 | offense for which he or she is being sentenced, except |
| |||||||
| |||||||
1 | as
otherwise provided in Section 40-10 of the | ||||||
2 | Alcoholism and Other Drug Abuse and
Dependency Act.
| ||||||
3 | (F-5) A violation of Section 24-1, 24-1.1, or | ||||||
4 | 24-1.6 of the Criminal Code of 1961 for which | ||||||
5 | imprisonment is prescribed in those Sections.
| ||||||
6 | (G) Residential burglary, except as otherwise | ||||||
7 | provided in Section 40-10
of the Alcoholism and Other | ||||||
8 | Drug Abuse and Dependency Act.
| ||||||
9 | (H) Criminal sexual assault.
| ||||||
10 | (I) Aggravated battery of a senior citizen.
| ||||||
11 | (J) A forcible felony if the offense was related to | ||||||
12 | the activities of an
organized gang.
| ||||||
13 | Before July 1, 1994, for the purposes of this | ||||||
14 | paragraph, "organized
gang" means an association of 5 | ||||||
15 | or more persons, with an established hierarchy,
that | ||||||
16 | encourages members of the association to perpetrate | ||||||
17 | crimes or provides
support to the members of the | ||||||
18 | association who do commit crimes.
| ||||||
19 | Beginning July 1, 1994, for the purposes of this | ||||||
20 | paragraph,
"organized gang" has the meaning ascribed | ||||||
21 | to it in Section 10 of the Illinois
Streetgang | ||||||
22 | Terrorism Omnibus Prevention Act.
| ||||||
23 | (K) Vehicular hijacking.
| ||||||
24 | (L) A second or subsequent conviction for the | ||||||
25 | offense of hate crime
when the underlying offense upon | ||||||
26 | which the hate crime is based is felony
aggravated
|
| |||||||
| |||||||
1 | assault or felony mob action.
| ||||||
2 | (M) A second or subsequent conviction for the | ||||||
3 | offense of institutional
vandalism if the damage to the | ||||||
4 | property exceeds $300.
| ||||||
5 | (N) A Class 3 felony violation of paragraph (1) of | ||||||
6 | subsection (a) of
Section 2 of the Firearm Owners | ||||||
7 | Identification Card Act.
| ||||||
8 | (O) A violation of Section 12-6.1 of the Criminal | ||||||
9 | Code of 1961.
| ||||||
10 | (P) A violation of paragraph (1), (2), (3), (4), | ||||||
11 | (5), or (7) of
subsection (a)
of Section 11-20.1 of the | ||||||
12 | Criminal Code of 1961.
| ||||||
13 | (Q) A violation of Section 20-1.2 or 20-1.3 of the | ||||||
14 | Criminal Code of
1961.
| ||||||
15 | (R) A violation of Section 24-3A of the Criminal | ||||||
16 | Code of
1961.
| ||||||
17 | (S) (Blank).
| ||||||
18 | (T) A second or subsequent violation of the | ||||||
19 | Methamphetamine Control and Community Protection Act.
| ||||||
20 | (3) (Blank).
| ||||||
21 | (4) A minimum term of imprisonment of not less than 10
| ||||||
22 | consecutive days or 30 days of community service shall be | ||||||
23 | imposed for a
violation of paragraph (c) of Section 6-303 | ||||||
24 | of the Illinois Vehicle Code.
| ||||||
25 | (4.1) (Blank).
| ||||||
26 | (4.2) Except as provided in paragraph (4.3) of this |
| |||||||
| |||||||
1 | subsection (c), a
minimum of
100 hours of community service | ||||||
2 | shall be imposed for a second violation of
Section 6-303
of | ||||||
3 | the Illinois Vehicle Code.
| ||||||
4 | (4.3) A minimum term of imprisonment of 30 days or 300 | ||||||
5 | hours of community
service, as determined by the court, | ||||||
6 | shall
be imposed for a second violation of subsection (c) | ||||||
7 | of Section 6-303 of the
Illinois Vehicle Code.
| ||||||
8 | (4.4) Except as provided in paragraph (4.5) and | ||||||
9 | paragraph (4.6) of this
subsection (c), a
minimum term of | ||||||
10 | imprisonment of 30 days or 300 hours of community service, | ||||||
11 | as
determined by the court, shall
be imposed
for a third or | ||||||
12 | subsequent violation of Section 6-303 of the Illinois | ||||||
13 | Vehicle
Code.
| ||||||
14 | (4.5) A minimum term of imprisonment of 30 days
shall | ||||||
15 | be imposed for a third violation of subsection (c) of
| ||||||
16 | Section 6-303 of the Illinois Vehicle Code.
| ||||||
17 | (4.6) A minimum term of imprisonment of 180 days shall | ||||||
18 | be imposed for a
fourth or subsequent violation of | ||||||
19 | subsection (c) of Section 6-303 of the
Illinois Vehicle | ||||||
20 | Code.
| ||||||
21 | (5) The court may sentence an offender convicted of a | ||||||
22 | business
offense or a petty offense or a corporation or | ||||||
23 | unincorporated
association convicted of any offense to:
| ||||||
24 | (A) a period of conditional discharge;
| ||||||
25 | (B) a fine;
| ||||||
26 | (C) make restitution to the victim under Section |
| |||||||
| |||||||
1 | 5-5-6 of this Code.
| ||||||
2 | (5.1) In addition to any penalties imposed under | ||||||
3 | paragraph (5) of this
subsection (c), and except as | ||||||
4 | provided in paragraph (5.2) or (5.3), a person
convicted of | ||||||
5 | violating subsection (c) of Section 11-907 of the Illinois
| ||||||
6 | Vehicle Code shall have his or her driver's license, | ||||||
7 | permit, or privileges
suspended for at least 90 days but | ||||||
8 | not more than one year, if the violation
resulted in damage | ||||||
9 | to the property of another person.
| ||||||
10 | (5.2) In addition to any penalties imposed under | ||||||
11 | paragraph (5) of this
subsection (c), and except as | ||||||
12 | provided in paragraph (5.3), a person convicted
of | ||||||
13 | violating subsection (c) of Section 11-907 of the Illinois | ||||||
14 | Vehicle Code
shall have his or her driver's license, | ||||||
15 | permit, or privileges suspended for at
least 180 days but | ||||||
16 | not more than 2 years, if the violation resulted in injury
| ||||||
17 | to
another person.
| ||||||
18 | (5.3) In addition to any penalties imposed under | ||||||
19 | paragraph (5) of
this
subsection (c), 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 2 years, if the | ||||||
23 | violation resulted in the
death of another person.
| ||||||
24 | (5.4) In addition to any penalties imposed under | ||||||
25 | paragraph (5) of this subsection (c), a person convicted of | ||||||
26 | violating Section 3-707 of the Illinois Vehicle Code shall |
| |||||||
| |||||||
1 | have his or her driver's license, permit, or privileges | ||||||
2 | suspended for 3 months and until he or she has paid a | ||||||
3 | reinstatement fee of $100. | ||||||
4 | (5.5) In addition to any penalties imposed under | ||||||
5 | paragraph (5) of this subsection (c), a person convicted of | ||||||
6 | violating Section 3-707 of the Illinois Vehicle Code during | ||||||
7 | a period in which his or her driver's license, permit, or | ||||||
8 | privileges were suspended for a previous violation of that | ||||||
9 | Section shall have his or her driver's license, permit, or | ||||||
10 | privileges suspended for an additional 6 months after the | ||||||
11 | expiration of the original 3-month suspension and until he | ||||||
12 | or she has paid a reinstatement fee of $100.
| ||||||
13 | (6) In no case shall an offender be eligible for a | ||||||
14 | disposition of
probation or conditional discharge for a | ||||||
15 | Class 1 felony committed while
he was serving a term of | ||||||
16 | probation or conditional discharge for a felony.
| ||||||
17 | (7) When a defendant is adjudged a habitual criminal | ||||||
18 | under Article
33B of the Criminal Code of 1961, the court | ||||||
19 | shall sentence
the defendant to a term of natural life | ||||||
20 | imprisonment.
| ||||||
21 | (8) When a defendant, over the age of 21 years, is | ||||||
22 | convicted of a
Class 1 or Class 2 felony, after having | ||||||
23 | twice been convicted
in any state or
federal court of an | ||||||
24 | offense that contains the same elements as an offense now
| ||||||
25 | classified in Illinois as a Class 2 or greater Class felony
| ||||||
26 | and such charges are
separately brought and tried and arise |
| |||||||
| |||||||
1 | out of different series of acts,
such defendant shall be | ||||||
2 | sentenced as a Class X offender. This paragraph
shall not | ||||||
3 | apply unless (1) the first felony was committed after the
| ||||||
4 | effective date of this amendatory Act of 1977; and (2) the | ||||||
5 | second felony
was committed after conviction on the first; | ||||||
6 | and (3) the third felony
was committed after conviction on | ||||||
7 | the second.
A person sentenced as a Class X offender under | ||||||
8 | this paragraph is not
eligible to apply for treatment as a | ||||||
9 | condition of probation as provided by
Section 40-10 of the | ||||||
10 | Alcoholism and Other Drug Abuse and Dependency Act.
| ||||||
11 | (9) A defendant convicted of a second or subsequent | ||||||
12 | offense of ritualized
abuse of a child may be sentenced to | ||||||
13 | a term of natural life imprisonment.
| ||||||
14 | (10) (Blank).
| ||||||
15 | (11) The court shall impose a minimum fine of $1,000 | ||||||
16 | for a first offense
and $2,000 for a second or subsequent | ||||||
17 | offense upon a person convicted of or
placed on supervision | ||||||
18 | for battery when the individual harmed was a sports
| ||||||
19 | official or coach at any level of competition and the act | ||||||
20 | causing harm to the
sports
official or coach occurred | ||||||
21 | within an athletic facility or within the immediate | ||||||
22 | vicinity
of the athletic facility at which the sports | ||||||
23 | official or coach was an active
participant
of the athletic | ||||||
24 | contest held at the athletic facility. For the purposes of
| ||||||
25 | this paragraph (11), "sports official" means a person at an | ||||||
26 | athletic contest
who enforces the rules of the contest, |
| |||||||
| |||||||
1 | such as an umpire or referee; "athletic facility" means an | ||||||
2 | indoor or outdoor playing field or recreational area where | ||||||
3 | sports activities are conducted;
and "coach" means a person | ||||||
4 | recognized as a coach by the sanctioning
authority that | ||||||
5 | conducted the sporting event. | ||||||
6 | (12) A person may not receive a disposition of court | ||||||
7 | supervision for a
violation of Section 5-16 of the Boat | ||||||
8 | Registration and Safety Act if that
person has previously | ||||||
9 | received a disposition of court supervision for a
violation | ||||||
10 | of that Section.
| ||||||
11 | (d) In any case in which a sentence originally imposed is | ||||||
12 | vacated,
the case shall be remanded to the trial court. The | ||||||
13 | trial court shall
hold a hearing under Section 5-4-1 of the | ||||||
14 | Unified Code of Corrections
which may include evidence of the | ||||||
15 | defendant's life, moral character and
occupation during the | ||||||
16 | time since the original sentence was passed. The
trial court | ||||||
17 | shall then impose sentence upon the defendant. The trial
court | ||||||
18 | may impose any sentence which could have been imposed at the
| ||||||
19 | original trial subject to Section 5-5-4 of the Unified Code of | ||||||
20 | Corrections.
If a sentence is vacated on appeal or on | ||||||
21 | collateral attack due to the
failure of the trier of fact at | ||||||
22 | trial to determine beyond a reasonable doubt
the
existence of a | ||||||
23 | fact (other than a prior conviction) necessary to increase the
| ||||||
24 | punishment for the offense beyond the statutory maximum | ||||||
25 | otherwise applicable,
either the defendant may be re-sentenced | ||||||
26 | to a term within the range otherwise
provided or, if the State |
| |||||||
| |||||||
1 | files notice of its intention to again seek the
extended | ||||||
2 | sentence, the defendant shall be afforded a new trial.
| ||||||
3 | (e) In cases where prosecution for
aggravated criminal | ||||||
4 | sexual abuse under Section 12-16 of the
Criminal Code of 1961 | ||||||
5 | results in conviction of a defendant
who was a family member of | ||||||
6 | the victim at the time of the commission of the
offense, the | ||||||
7 | court shall consider the safety and welfare of the victim and
| ||||||
8 | may impose a sentence of probation only where:
| ||||||
9 | (1) the court finds (A) or (B) or both are appropriate:
| ||||||
10 | (A) the defendant is willing to undergo a court | ||||||
11 | approved counseling
program for a minimum duration of 2 | ||||||
12 | years; or
| ||||||
13 | (B) the defendant is willing to participate in a | ||||||
14 | court approved plan
including but not limited to the | ||||||
15 | defendant's:
| ||||||
16 | (i) removal from the household;
| ||||||
17 | (ii) restricted contact with the victim;
| ||||||
18 | (iii) continued financial support of the | ||||||
19 | family;
| ||||||
20 | (iv) restitution for harm done to the victim; | ||||||
21 | and
| ||||||
22 | (v) compliance with any other measures that | ||||||
23 | the court may
deem appropriate; and
| ||||||
24 | (2) the court orders the defendant to pay for the | ||||||
25 | victim's counseling
services, to the extent that the court | ||||||
26 | finds, after considering the
defendant's income and |
| |||||||
| |||||||
1 | assets, that the defendant is financially capable of
paying | ||||||
2 | for such services, if the victim was under 18 years of age | ||||||
3 | at the
time the offense was committed and requires | ||||||
4 | counseling as a result of the
offense.
| ||||||
5 | Probation may be revoked or modified pursuant to Section | ||||||
6 | 5-6-4; except
where the court determines at the hearing that | ||||||
7 | the defendant violated a
condition of his or her probation | ||||||
8 | restricting contact with the victim or
other family members or | ||||||
9 | commits another offense with the victim or other
family | ||||||
10 | members, the court shall revoke the defendant's probation and
| ||||||
11 | impose a term of imprisonment.
| ||||||
12 | For the purposes of this Section, "family member" and | ||||||
13 | "victim" shall have
the meanings ascribed to them in Section | ||||||
14 | 12-12 of the Criminal Code of
1961.
| ||||||
15 | (f) This Article shall not deprive a court in other | ||||||
16 | proceedings to
order a forfeiture of property, to suspend or | ||||||
17 | cancel a license, to
remove a person from office, or to impose | ||||||
18 | any other civil penalty.
| ||||||
19 | (g) Whenever a defendant is convicted of an offense under | ||||||
20 | Sections
11-14, 11-15, 11-15.1, 11-16, 11-17, 11-18, 11-18.1, | ||||||
21 | 11-19, 11-19.1, 11-19.2,
12-13, 12-14, 12-14.1, 12-15 or 12-16 | ||||||
22 | of the Criminal Code of 1961,
the defendant shall undergo | ||||||
23 | medical testing to
determine whether the defendant has any | ||||||
24 | sexually transmissible disease,
including a test for infection | ||||||
25 | with human immunodeficiency virus (HIV) or
any other identified | ||||||
26 | causative agent of acquired immunodeficiency syndrome
(AIDS). |
| |||||||
| |||||||
1 | Any such medical test shall be performed only by appropriately
| ||||||
2 | licensed medical practitioners and may include an analysis of | ||||||
3 | any bodily
fluids as well as an examination of the defendant's | ||||||
4 | person.
Except as otherwise provided by law, the results of | ||||||
5 | such test shall be kept
strictly confidential by all medical | ||||||
6 | personnel involved in the testing and must
be personally | ||||||
7 | delivered in a sealed envelope to the judge of the court in | ||||||
8 | which
the conviction was entered for the judge's inspection in | ||||||
9 | camera. Acting in
accordance with the best interests of the | ||||||
10 | victim and the public, the judge
shall have the discretion to | ||||||
11 | determine to whom, if anyone, the results of the
testing may be | ||||||
12 | revealed. The court shall notify the defendant
of the test | ||||||
13 | results. The court shall
also notify the victim if requested by | ||||||
14 | the victim, and if the victim is under
the age of 15 and if | ||||||
15 | requested by the victim's parents or legal guardian, the
court | ||||||
16 | shall notify the victim's parents or legal guardian of the test
| ||||||
17 | results.
The court shall provide information on the | ||||||
18 | availability of HIV testing
and counseling at Department of | ||||||
19 | Public Health facilities to all parties to
whom the results of | ||||||
20 | the testing are revealed and shall direct the State's
Attorney | ||||||
21 | to provide the information to the victim when possible.
A | ||||||
22 | State's Attorney may petition the court to obtain the results | ||||||
23 | of any HIV test
administered under this Section, and the court | ||||||
24 | shall grant the disclosure if
the State's Attorney shows it is | ||||||
25 | relevant in order to prosecute a charge of
criminal | ||||||
26 | transmission of HIV under Section 12-16.2 of the Criminal Code |
| |||||||
| |||||||
1 | of 1961
against the defendant. The court shall order that the | ||||||
2 | cost of any such test
shall be paid by the county and may be | ||||||
3 | taxed as costs against the convicted
defendant.
| ||||||
4 | (g-5) When an inmate is tested for an airborne communicable | ||||||
5 | disease, as
determined by the Illinois Department of Public | ||||||
6 | Health including but not
limited to tuberculosis, the results | ||||||
7 | of the test shall be
personally delivered by the warden or his | ||||||
8 | or her designee in a sealed envelope
to the judge of the court | ||||||
9 | in which the inmate must appear for the judge's
inspection in | ||||||
10 | camera if requested by the judge. Acting in accordance with the
| ||||||
11 | best interests of those in the courtroom, the judge shall have | ||||||
12 | the discretion
to determine what if any precautions need to be | ||||||
13 | taken to prevent transmission
of the disease in the courtroom.
| ||||||
14 | (h) Whenever a defendant is convicted of an offense under | ||||||
15 | Section 1 or 2
of the Hypodermic Syringes and Needles Act, the | ||||||
16 | defendant shall undergo
medical testing to determine whether | ||||||
17 | the defendant has been exposed to human
immunodeficiency virus | ||||||
18 | (HIV) or any other identified causative agent of
acquired | ||||||
19 | immunodeficiency syndrome (AIDS). Except as otherwise provided | ||||||
20 | by
law, the results of such test shall be kept strictly | ||||||
21 | confidential by all
medical personnel involved in the testing | ||||||
22 | and must be personally delivered in a
sealed envelope to the | ||||||
23 | judge of the court in which the conviction was entered
for the | ||||||
24 | judge's inspection in camera. Acting in accordance with the | ||||||
25 | best
interests of the public, the judge shall have the | ||||||
26 | discretion to determine to
whom, if anyone, the results of the |
| |||||||
| |||||||
1 | testing may be revealed. The court shall
notify the defendant | ||||||
2 | of a positive test showing an infection with the human
| ||||||
3 | immunodeficiency virus (HIV). The court shall provide | ||||||
4 | information on the
availability of HIV testing and counseling | ||||||
5 | at Department of Public Health
facilities to all parties to | ||||||
6 | whom the results of the testing are revealed and
shall direct | ||||||
7 | the State's Attorney to provide the information to the victim | ||||||
8 | when
possible. A State's Attorney may petition the court to | ||||||
9 | obtain the results of
any HIV test administered under this | ||||||
10 | Section, and the court shall grant the
disclosure if the | ||||||
11 | State's Attorney shows it is relevant in order to prosecute a
| ||||||
12 | charge of criminal transmission of HIV under Section 12-16.2 of | ||||||
13 | the Criminal
Code of 1961 against the defendant. The court | ||||||
14 | shall order that the cost of any
such test shall be paid by the | ||||||
15 | county and may be taxed as costs against the
convicted | ||||||
16 | defendant.
| ||||||
17 | (i) All fines and penalties imposed under this Section for | ||||||
18 | any violation
of Chapters 3, 4, 6, and 11 of the Illinois | ||||||
19 | Vehicle Code, or a similar
provision of a local ordinance, and | ||||||
20 | any violation
of the Child Passenger Protection Act, or a | ||||||
21 | similar provision of a local
ordinance, shall be collected and | ||||||
22 | disbursed by the circuit
clerk as provided under Section 27.5 | ||||||
23 | of the Clerks of Courts Act.
| ||||||
24 | (j) In cases when prosecution for any violation of Section | ||||||
25 | 11-6, 11-8,
11-9, 11-11, 11-14, 11-15, 11-15.1, 11-16, 11-17, | ||||||
26 | 11-17.1, 11-18, 11-18.1,
11-19, 11-19.1, 11-19.2, 11-20.1, |
| |||||||
| |||||||
1 | 11-21, 12-13, 12-14, 12-14.1, 12-15, or
12-16 of the
Criminal | ||||||
2 | Code of 1961, any violation of the Illinois Controlled | ||||||
3 | Substances Act,
any violation of the Cannabis Control Act, or | ||||||
4 | any violation of the Methamphetamine Control and Community | ||||||
5 | Protection Act results in conviction, a
disposition of court | ||||||
6 | supervision, or an order of probation granted under
Section 10 | ||||||
7 | of the Cannabis Control Act, Section 410 of the Illinois
| ||||||
8 | Controlled Substance Act, or Section 70 of the Methamphetamine | ||||||
9 | Control and Community Protection Act of a defendant, the court | ||||||
10 | shall determine whether the
defendant is employed by a facility | ||||||
11 | or center as defined under the Child Care
Act of 1969, a public | ||||||
12 | or private elementary or secondary school, or otherwise
works | ||||||
13 | with children under 18 years of age on a daily basis. When a | ||||||
14 | defendant
is so employed, the court shall order the Clerk of | ||||||
15 | the Court to send a copy of
the judgment of conviction or order | ||||||
16 | of supervision or probation to the
defendant's employer by | ||||||
17 | certified mail.
If the employer of the defendant is a school, | ||||||
18 | the Clerk of the Court shall
direct the mailing of a copy of | ||||||
19 | the judgment of conviction or order of
supervision or probation | ||||||
20 | to the appropriate regional superintendent of schools.
The | ||||||
21 | regional superintendent of schools shall notify the State Board | ||||||
22 | of
Education of any notification under this subsection.
| ||||||
23 | (j-5) A defendant at least 17 years of age who is convicted | ||||||
24 | of a felony and
who has not been previously convicted of a | ||||||
25 | misdemeanor or felony and who is
sentenced to a term of | ||||||
26 | imprisonment in the Illinois Department of Corrections
shall as |
| |||||||
| |||||||
1 | a condition of his or her sentence be required by the court to | ||||||
2 | attend
educational courses designed to prepare the defendant | ||||||
3 | for a high school diploma
and to work toward a high school | ||||||
4 | diploma or to work toward passing the high
school level Test of | ||||||
5 | General Educational Development (GED) or to work toward
| ||||||
6 | completing a vocational training program offered by the | ||||||
7 | Department of
Corrections. If a defendant fails to complete the | ||||||
8 | educational training
required by his or her sentence during the | ||||||
9 | term of incarceration, the Prisoner
Review Board shall, as a | ||||||
10 | condition of mandatory supervised release, require the
| ||||||
11 | defendant, at his or her own expense, to pursue a course of | ||||||
12 | study toward a high
school diploma or passage of the GED test. | ||||||
13 | The Prisoner Review Board shall
revoke the mandatory supervised | ||||||
14 | release of a defendant who wilfully fails to
comply with this | ||||||
15 | subsection (j-5) upon his or her release from confinement in a
| ||||||
16 | penal institution while serving a mandatory supervised release | ||||||
17 | term; however,
the inability of the defendant after making a | ||||||
18 | good faith effort to obtain
financial aid or pay for the | ||||||
19 | educational training shall not be deemed a wilful
failure to | ||||||
20 | comply. The Prisoner Review Board shall recommit the defendant
| ||||||
21 | whose mandatory supervised release term has been revoked under | ||||||
22 | this subsection
(j-5) as provided in Section 3-3-9. This | ||||||
23 | subsection (j-5) does not apply to a
defendant who has a high | ||||||
24 | school diploma or has successfully passed the GED
test. This | ||||||
25 | subsection (j-5) does not apply to a defendant who is | ||||||
26 | determined by
the court to be developmentally disabled or |
| |||||||
| |||||||
1 | otherwise mentally incapable of
completing the educational or | ||||||
2 | vocational program.
| ||||||
3 | (k) A court may not impose a sentence or disposition for a
| ||||||
4 | felony or misdemeanor that requires the defendant to be | ||||||
5 | implanted or injected
with or to use any form of birth control.
| ||||||
6 | (l) (A) Except as provided
in paragraph (C) of subsection | ||||||
7 | (l), whenever a defendant,
who is an alien as defined by | ||||||
8 | the Immigration and Nationality Act, is convicted
of any | ||||||
9 | felony or misdemeanor offense, the court after sentencing | ||||||
10 | the defendant
may, upon motion of the State's Attorney, | ||||||
11 | hold sentence in abeyance and remand
the defendant to the | ||||||
12 | custody of the Attorney General of
the United States or his | ||||||
13 | or her designated agent to be deported when:
| ||||||
14 | (1) a final order of deportation has been issued | ||||||
15 | against the defendant
pursuant to proceedings under | ||||||
16 | the Immigration and Nationality Act, and
| ||||||
17 | (2) the deportation of the defendant would not | ||||||
18 | deprecate the seriousness
of the defendant's conduct | ||||||
19 | and would not be inconsistent with the ends of
justice.
| ||||||
20 | Otherwise, the defendant shall be sentenced as | ||||||
21 | provided in this Chapter V.
| ||||||
22 | (B) If the defendant has already been sentenced for a | ||||||
23 | felony or
misdemeanor
offense, or has been placed on | ||||||
24 | probation under Section 10 of the Cannabis
Control Act,
| ||||||
25 | Section 410 of the Illinois Controlled Substances Act, or | ||||||
26 | Section 70 of the Methamphetamine Control and Community |
| |||||||
| |||||||
1 | Protection Act, the court
may, upon motion of the State's | ||||||
2 | Attorney to suspend the
sentence imposed, commit the | ||||||
3 | defendant to the custody of the Attorney General
of the | ||||||
4 | United States or his or her designated agent when:
| ||||||
5 | (1) a final order of deportation has been issued | ||||||
6 | against the defendant
pursuant to proceedings under | ||||||
7 | the Immigration and Nationality Act, and
| ||||||
8 | (2) the deportation of the defendant would not | ||||||
9 | deprecate the seriousness
of the defendant's conduct | ||||||
10 | and would not be inconsistent with the ends of
justice.
| ||||||
11 | (C) This subsection (l) does not apply to offenders who | ||||||
12 | are subject to the
provisions of paragraph (2) of | ||||||
13 | subsection (a) of Section 3-6-3.
| ||||||
14 | (D) Upon motion of the State's Attorney, if a defendant | ||||||
15 | sentenced under
this Section returns to the jurisdiction of | ||||||
16 | the United States, the defendant
shall be recommitted to | ||||||
17 | the custody of the county from which he or she was
| ||||||
18 | sentenced.
Thereafter, the defendant shall be brought | ||||||
19 | before the sentencing court, which
may impose any sentence | ||||||
20 | that was available under Section 5-5-3 at the time of
| ||||||
21 | initial sentencing. In addition, the defendant shall not be | ||||||
22 | eligible for
additional good conduct credit for | ||||||
23 | meritorious service as provided under
Section 3-6-6.
| ||||||
24 | (m) A person convicted of criminal defacement of property | ||||||
25 | under Section
21-1.3 of the Criminal Code of 1961, in which the | ||||||
26 | property damage exceeds $300
and the property damaged is a |
| |||||||
| |||||||
1 | school building, shall be ordered to perform
community service | ||||||
2 | that may include cleanup, removal, or painting over the
| ||||||
3 | defacement.
| ||||||
4 | (n) The court may sentence a person convicted of a | ||||||
5 | violation of Section
12-19, 12-21, or 16-1.3 of the Criminal | ||||||
6 | Code of 1961 (i) to an impact
incarceration program if the | ||||||
7 | person is otherwise eligible for that program
under Section | ||||||
8 | 5-8-1.1, (ii) to community service, or (iii) if the person is | ||||||
9 | an
addict or alcoholic, as defined in the Alcoholism and Other | ||||||
10 | Drug Abuse and
Dependency Act, to a substance or alcohol abuse | ||||||
11 | program licensed under that
Act. | ||||||
12 | (o) Whenever a person is convicted of a sex offense as | ||||||
13 | defined in Section 2 of the Sex Offender Registration Act, the | ||||||
14 | defendant's driver's license or permit shall be subject to | ||||||
15 | renewal on an annual basis in accordance with the provisions of | ||||||
16 | license renewal established by the Secretary of State.
| ||||||
17 | (p) Any person convicted of an aggravated offense under | ||||||
18 | paragraph (22) of Section 5-5-3.2 of this Code, in addition to
| ||||||
19 | any other disposition, penalty, or fine imposed shall pay an | ||||||
20 | additional
fine of $200. | ||||||
21 | (1) The Internet Predator Investigation and | ||||||
22 | Prosecution Fund is hereby
created as a special fund in the | ||||||
23 | State treasury. | ||||||
24 | (2) All fees collected by the clerk of the court under | ||||||
25 | this Section shall be forwarded to the Internet Predator | ||||||
26 | Investigation and Prosecution
Fund for deposit. The clerk |
| |||||||
| |||||||
1 | of the circuit court may retain $10 from
each collected | ||||||
2 | fine to offset administrative costs incurred in carrying
| ||||||
3 | out the clerk's responsibilities under this paragraph (p). | ||||||
4 | (3) Fees deposited into the Internet Predator | ||||||
5 | Investigation and
Prosecution Fund shall be used by the | ||||||
6 | Illinois Child Exploitation Task
Force to assist in the | ||||||
7 | training, investigation, and prosecution of
Internet | ||||||
8 | crime.
| ||||||
9 | (Source: P.A. 93-44, eff. 7-1-03; 93-156, eff. 1-1-04; 93-169, | ||||||
10 | eff. 7-10-03; 93-301, eff. 1-1-04; 93-419, eff. 1-1-04; 93-546, | ||||||
11 | eff. 1-1-04; 93-694, eff. 7-9-04; 93-782, eff. 1-1-05; 93-800, | ||||||
12 | eff. 1-1-05; 93-1014, eff. 1-1-05; 94-72, eff. 1-1-06; 94-556, | ||||||
13 | eff. 9-11-05; 94-993, eff. 1-1-07; 94-1035, eff. 7-1-07; | ||||||
14 | revised 8-28-06.)
| ||||||
15 | (730 ILCS 5/5-5-3.2) (from Ch. 38, par. 1005-5-3.2)
| ||||||
16 | Sec. 5-5-3.2. Factors in Aggravation.
| ||||||
17 | (a) The following factors shall be accorded weight in favor | ||||||
18 | of
imposing a term of imprisonment or may be considered by the | ||||||
19 | court as reasons
to impose a more severe sentence under Section | ||||||
20 | 5-8-1:
| ||||||
21 | (1) the defendant's conduct caused or threatened | ||||||
22 | serious harm;
| ||||||
23 | (2) the defendant received compensation for committing | ||||||
24 | the offense;
| ||||||
25 | (3) the defendant has a history of prior delinquency or |
| |||||||
| |||||||
1 | criminal activity;
| ||||||
2 | (4) the defendant, by the duties of his office or by | ||||||
3 | his position,
was obliged to prevent the particular offense | ||||||
4 | committed or to bring
the offenders committing it to | ||||||
5 | justice;
| ||||||
6 | (5) the defendant held public office at the time of the | ||||||
7 | offense,
and the offense related to the conduct of that | ||||||
8 | office;
| ||||||
9 | (6) the defendant utilized his professional reputation | ||||||
10 | or
position in the community to commit the offense, or to | ||||||
11 | afford
him an easier means of committing it;
| ||||||
12 | (7) the sentence is necessary to deter others from | ||||||
13 | committing
the same crime;
| ||||||
14 | (8) the defendant committed the offense against a | ||||||
15 | person 60 years of age
or older or such person's property;
| ||||||
16 | (9) the defendant committed the offense against a | ||||||
17 | person who is
physically handicapped or such person's | ||||||
18 | property;
| ||||||
19 | (10) by reason of another individual's actual or | ||||||
20 | perceived race, color,
creed, religion, ancestry, gender, | ||||||
21 | sexual orientation, physical or mental
disability, or | ||||||
22 | national origin, the defendant committed the offense | ||||||
23 | against (i)
the person or property
of that individual; (ii) | ||||||
24 | the person or property of a person who has an
association | ||||||
25 | with, is married to, or has a friendship with the other | ||||||
26 | individual;
or (iii) the person or property of a relative |
| |||||||
| |||||||
1 | (by blood or marriage) of a
person described in clause (i) | ||||||
2 | or (ii). For the purposes of this Section,
"sexual | ||||||
3 | orientation" means heterosexuality, homosexuality, or | ||||||
4 | bisexuality;
| ||||||
5 | (11) the offense took place in a place of worship or on | ||||||
6 | the
grounds of a place of worship, immediately prior to, | ||||||
7 | during or immediately
following worship services. For | ||||||
8 | purposes of this subparagraph, "place of
worship" shall | ||||||
9 | mean any church, synagogue or other building, structure or
| ||||||
10 | place used primarily for religious worship;
| ||||||
11 | (12) the defendant was convicted of a felony committed | ||||||
12 | while he was
released on bail or his own recognizance | ||||||
13 | pending trial for a prior felony
and was convicted of such | ||||||
14 | prior felony, or the defendant was convicted of a
felony | ||||||
15 | committed while he was serving a period of probation,
| ||||||
16 | conditional discharge, or mandatory supervised release | ||||||
17 | under subsection (d)
of Section 5-8-1
for a prior felony;
| ||||||
18 | (13) the defendant committed or attempted to commit a | ||||||
19 | felony while he
was wearing a bulletproof vest. For the | ||||||
20 | purposes of this paragraph (13), a
bulletproof vest is any | ||||||
21 | device which is designed for the purpose of
protecting the | ||||||
22 | wearer from bullets, shot or other lethal projectiles;
| ||||||
23 | (14) the defendant held a position of trust or | ||||||
24 | supervision such as, but
not limited to, family member as | ||||||
25 | defined in Section 12-12 of the Criminal Code
of 1961, | ||||||
26 | teacher, scout leader, baby sitter, or day care worker, in
|
| |||||||
| |||||||
1 | relation to a victim under 18 years of age, and the | ||||||
2 | defendant committed an
offense in violation of Section | ||||||
3 | 11-6, 11-11, 11-15.1, 11-19.1, 11-19.2,
11-20.1, 12-13, | ||||||
4 | 12-14, 12-14.1, 12-15 or 12-16 of the Criminal Code of 1961
| ||||||
5 | against
that victim;
| ||||||
6 | (15) the defendant committed an offense related to the | ||||||
7 | activities of an
organized gang. For the purposes of this | ||||||
8 | factor, "organized gang" has the
meaning ascribed to it in | ||||||
9 | Section 10 of the Streetgang Terrorism Omnibus
Prevention | ||||||
10 | Act;
| ||||||
11 | (16) the defendant committed an offense in violation of | ||||||
12 | one of the
following Sections while in a school, regardless | ||||||
13 | of the time of day or time of
year; on any conveyance | ||||||
14 | owned, leased, or contracted by a school to transport
| ||||||
15 | students to or from school or a school related activity; on | ||||||
16 | the real property
of a school; or on a public way within | ||||||
17 | 1,000 feet of the real property
comprising any school: | ||||||
18 | Section 10-1, 10-2, 10-5, 11-15.1, 11-17.1, 11-18.1,
| ||||||
19 | 11-19.1, 11-19.2, 12-2, 12-4, 12-4.1, 12-4.2, 12-4.3, | ||||||
20 | 12-6, 12-6.1, 12-13,
12-14, 12-14.1, 12-15, 12-16, 18-2, or | ||||||
21 | 33A-2 of the Criminal Code of
1961;
| ||||||
22 | (16.5) the defendant committed an offense in violation | ||||||
23 | of one of the
following Sections while in a day care | ||||||
24 | center, regardless of the time of day or
time of year; on | ||||||
25 | the real property of a day care center, regardless of the | ||||||
26 | time
of day or time of year; or on a public
way within |
| |||||||
| |||||||
1 | 1,000 feet of the real property comprising any day care | ||||||
2 | center,
regardless of the time of day or time of year:
| ||||||
3 | Section 10-1, 10-2, 10-5, 11-15.1, 11-17.1, 11-18.1, | ||||||
4 | 11-19.1, 11-19.2, 12-2,
12-4, 12-4.1, 12-4.2, 12-4.3, | ||||||
5 | 12-6,
12-6.1, 12-13, 12-14, 12-14.1, 12-15, 12-16, 18-2, or | ||||||
6 | 33A-2 of the Criminal
Code of 1961;
| ||||||
7 | (17) the defendant committed the offense by reason of | ||||||
8 | any person's
activity as a community policing volunteer or | ||||||
9 | to prevent any person from
engaging in activity as a | ||||||
10 | community policing volunteer. For the purpose of
this | ||||||
11 | Section, "community policing volunteer" has the meaning | ||||||
12 | ascribed to it in
Section 2-3.5 of the Criminal Code of | ||||||
13 | 1961;
| ||||||
14 | (18) the defendant committed the offense in a nursing | ||||||
15 | home or on the
real
property comprising a nursing home. For | ||||||
16 | the purposes of this paragraph (18),
"nursing home" means a | ||||||
17 | skilled nursing
or intermediate long term care facility | ||||||
18 | that is subject to license by the
Illinois Department of | ||||||
19 | Public Health under the Nursing Home Care
Act;
| ||||||
20 | (19) the defendant was a federally licensed firearm | ||||||
21 | dealer
and
was
previously convicted of a violation of | ||||||
22 | subsection (a) of Section 3 of the
Firearm Owners | ||||||
23 | Identification Card Act and has now committed either a | ||||||
24 | felony
violation
of the Firearm Owners Identification Card | ||||||
25 | Act or an act of armed violence while
armed
with a firearm; | ||||||
26 | (20) the defendant (i) committed the offense of |
| |||||||
| |||||||
1 | reckless homicide under Section 9-3 of the Criminal Code of | ||||||
2 | 1961 or the offense of driving under the influence of | ||||||
3 | alcohol, other drug or
drugs, intoxicating compound or | ||||||
4 | compounds or any combination thereof under Section 11-501 | ||||||
5 | of the Illinois Vehicle Code or a similar provision of a | ||||||
6 | local ordinance and (ii) was operating a motor vehicle in | ||||||
7 | excess of 20 miles per hour over the posted speed limit as | ||||||
8 | provided in Article VI of Chapter 11 of the Illinois | ||||||
9 | Vehicle Code; or
| ||||||
10 | (21) the defendant (i) committed the offense of | ||||||
11 | reckless driving or aggravated reckless driving under | ||||||
12 | Section 11-503 of the Illinois Vehicle Code and (ii) was | ||||||
13 | operating a motor vehicle in excess of 20 miles per hour | ||||||
14 | over the posted speed limit as provided in Article VI of | ||||||
15 | Chapter 11 of the Illinois Vehicle Code ;
. | ||||||
16 | (22) the defendant used electronic communications to | ||||||
17 | persuade, induce, entice, or coerce any individual, to | ||||||
18 | engage in criminal activity
or lured him or her to or away | ||||||
19 | from a location with the intent to commit any
offense in | ||||||
20 | which the person being lured became a victim as a result.
| ||||||
21 | For the purposes of this paragraph (22), "electronic | ||||||
22 | communication" means any transfer of signs, signals,
| ||||||
23 | writings, sounds, data, or intelligence of any nature | ||||||
24 | transmitted in
whole or in part by a wire, radio, | ||||||
25 | electromagnetic, photoelectric, or
photo-optical system; | ||||||
26 | and "electronic communication" includes
transmissions by a |
| |||||||
| |||||||
1 | computer through the Internet to another computer; | ||||||
2 | (23) the defendant committed an offense under | ||||||
3 | paragraph (a)(1)(i) or
(a) (1)(vi) of Section 11-20.1 of | ||||||
4 | the Criminal Code of 1961; or | ||||||
5 | (24) the defendant committed any offense under Section | ||||||
6 | 11-20.1 of the Criminal Code of 1961 and
possessed 100 or | ||||||
7 | more images.
| ||||||
8 | For the purposes of this Section:
| ||||||
9 | "School" is defined as a public or private
elementary or | ||||||
10 | secondary school, community college, college, or university.
| ||||||
11 | "Day care center" means a public or private State certified | ||||||
12 | and
licensed day care center as defined in Section 2.09 of the | ||||||
13 | Child Care Act of
1969 that displays a sign in plain view | ||||||
14 | stating that the
property is a day care center.
| ||||||
15 | (b) The following factors may be considered by the court as
| ||||||
16 | reasons to impose an extended term sentence under Section 5-8-2
| ||||||
17 | upon any offender:
| ||||||
18 | (1) When a defendant is convicted of any felony, after | ||||||
19 | having
been previously convicted in Illinois or any other | ||||||
20 | jurisdiction of the
same or similar class felony or greater | ||||||
21 | class felony, when such conviction
has occurred within 10 | ||||||
22 | years after the
previous conviction, excluding time spent | ||||||
23 | in custody, and such charges are
separately brought and | ||||||
24 | tried and arise out of different series of acts; or
| ||||||
25 | (2) When a defendant is convicted of any felony and the | ||||||
26 | court
finds that the offense was accompanied by |
| |||||||
| |||||||
1 | exceptionally brutal
or heinous behavior indicative of | ||||||
2 | wanton cruelty; or
| ||||||
3 | (3) When a defendant is convicted of voluntary | ||||||
4 | manslaughter, second
degree murder, involuntary | ||||||
5 | manslaughter or reckless homicide in which the
defendant | ||||||
6 | has been convicted of causing the death of more than one | ||||||
7 | individual; or
| ||||||
8 | (4) When a defendant is convicted of any felony | ||||||
9 | committed against:
| ||||||
10 | (i) a person under 12 years of age at the time of | ||||||
11 | the offense or such
person's property;
| ||||||
12 | (ii) a person 60 years of age or older at the time | ||||||
13 | of the offense or
such person's property; or
| ||||||
14 | (iii) a person physically handicapped at the time | ||||||
15 | of the offense or
such person's property; or
| ||||||
16 | (5) In the case of a defendant convicted of aggravated | ||||||
17 | criminal sexual
assault or criminal sexual assault, when | ||||||
18 | the court finds that
aggravated criminal sexual assault or | ||||||
19 | criminal sexual assault
was also committed on the same | ||||||
20 | victim by one or more other individuals,
and the defendant | ||||||
21 | voluntarily participated in the crime with the knowledge
of | ||||||
22 | the participation of the others in the crime, and the | ||||||
23 | commission of the
crime was part of a single course of | ||||||
24 | conduct during which there was no
substantial change in the | ||||||
25 | nature of the criminal objective; or
| ||||||
26 | (6) When a defendant is convicted of any felony and the |
| |||||||
| |||||||
1 | offense
involved any of the following types of specific | ||||||
2 | misconduct committed as
part of a ceremony, rite, | ||||||
3 | initiation, observance, performance, practice or
activity | ||||||
4 | of any actual or ostensible religious, fraternal, or social | ||||||
5 | group:
| ||||||
6 | (i) the brutalizing or torturing of humans or | ||||||
7 | animals;
| ||||||
8 | (ii) the theft of human corpses;
| ||||||
9 | (iii) the kidnapping of humans;
| ||||||
10 | (iv) the desecration of any cemetery, religious, | ||||||
11 | fraternal, business,
governmental, educational, or | ||||||
12 | other building or property; or
| ||||||
13 | (v) ritualized abuse of a child; or
| ||||||
14 | (7) When a defendant is convicted of first degree | ||||||
15 | murder, after having
been previously convicted in Illinois | ||||||
16 | of any offense listed under paragraph
(c)(2) of Section | ||||||
17 | 5-5-3, when such conviction has occurred within 10 years
| ||||||
18 | after the previous conviction, excluding time spent in | ||||||
19 | custody,
and such charges are separately brought and tried | ||||||
20 | and arise out of
different series of acts; or
| ||||||
21 | (8) When a defendant is convicted of a felony other | ||||||
22 | than conspiracy and
the court finds that
the felony was | ||||||
23 | committed under an agreement with 2 or more other persons
| ||||||
24 | to commit that offense and the defendant, with respect to | ||||||
25 | the other
individuals, occupied a position of organizer, | ||||||
26 | supervisor, financier, or any
other position of management |
| |||||||
| |||||||
1 | or leadership, and the court further finds that
the felony | ||||||
2 | committed was related to or in furtherance of the criminal
| ||||||
3 | activities of an organized gang or was motivated by the | ||||||
4 | defendant's leadership
in an organized gang; or
| ||||||
5 | (9) When a defendant is convicted of a felony violation | ||||||
6 | of Section 24-1
of the Criminal Code of 1961 and the court | ||||||
7 | finds that the defendant is a member
of an organized gang; | ||||||
8 | or
| ||||||
9 | (10) When a defendant committed the offense using a | ||||||
10 | firearm with a
laser sight attached to it. For purposes of | ||||||
11 | this paragraph (10), "laser sight"
has the meaning ascribed | ||||||
12 | to it in Section 24.6-5 of the Criminal Code of
1961; or
| ||||||
13 | (11) When a defendant who was at least 17 years of age | ||||||
14 | at the
time of
the commission of the offense is convicted | ||||||
15 | of a felony and has been previously
adjudicated a | ||||||
16 | delinquent minor under the Juvenile Court Act of 1987 for | ||||||
17 | an act
that if committed by an adult would be a Class X or | ||||||
18 | Class 1 felony when the
conviction has occurred within 10 | ||||||
19 | years after the previous adjudication,
excluding time | ||||||
20 | spent in custody; or
| ||||||
21 | (12) When a defendant commits an offense involving the | ||||||
22 | illegal
manufacture of a controlled substance under | ||||||
23 | Section 401 of the Illinois
Controlled Substances Act, the | ||||||
24 | illegal manufacture of methamphetamine under Section 25 of | ||||||
25 | the Methamphetamine Control and Community Protection Act, | ||||||
26 | or the illegal possession of explosives and an
emergency |
| |||||||
| |||||||
1 | response
officer in
the performance of his or her duties is
| ||||||
2 | killed or injured at the scene of the offense while | ||||||
3 | responding to the
emergency caused by the commission of the | ||||||
4 | offense.
In this paragraph (12),
"emergency" means a | ||||||
5 | situation in which a person's life, health, or safety is
in | ||||||
6 | jeopardy; and
"emergency response officer" means a peace | ||||||
7 | officer, community policing
volunteer, fireman, emergency | ||||||
8 | medical
technician-ambulance, emergency medical | ||||||
9 | technician-intermediate, emergency
medical | ||||||
10 | technician-paramedic, ambulance
driver, other medical | ||||||
11 | assistance or first aid personnel, or hospital emergency
| ||||||
12 | room personnel; or
| ||||||
13 | (13) When a defendant commits any felony and the | ||||||
14 | defendant used, possessed, exercised control over, or | ||||||
15 | otherwise directed an animal to assault a law enforcement | ||||||
16 | officer engaged in the execution of his or her official | ||||||
17 | duties or in furtherance of the criminal activities of an | ||||||
18 | organized gang in which the defendant is engaged.
| ||||||
19 | (b-1) For the purposes of this Section, "organized gang" | ||||||
20 | has the meaning
ascribed to it in Section 10 of the Illinois | ||||||
21 | Streetgang Terrorism Omnibus
Prevention Act.
| ||||||
22 | (c) The court may impose an extended term sentence under | ||||||
23 | Section 5-8-2
upon any offender who was convicted of aggravated | ||||||
24 | criminal sexual assault
or predatory criminal sexual assault of | ||||||
25 | a child under subsection (a)(1) of
Section 12-14.1 of
the | ||||||
26 | Criminal Code of 1961
where the victim was under 18 years of |
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
1 | age at the time of the commission
of the offense.
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
2 | (d) The court may impose an extended term sentence under | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
3 | Section 5-8-2 upon
any offender who was convicted of unlawful | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
4 | use of weapons under Section 24-1 of
the Criminal Code of 1961 | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
5 | for possessing a weapon that is not readily
distinguishable as | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
6 | one of the weapons enumerated in Section 24-1 of the
Criminal | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
7 | Code of 1961.
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
8 | (Source: P.A. 94-131, eff. 7-7-05; 94-375, eff. 1-1-06; 94-556, | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
9 | eff. 9-11-05; 94-819, eff. 5-31-06.)
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||