Homeland Security & Emergency Preparedness Committee
Adopted in House Comm. on Apr 30, 2008
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1 | AMENDMENT TO HOUSE BILL 5756
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2 | AMENDMENT NO. ______. Amend House Bill 5756, AS AMENDED, by | ||||||
3 | replacing everything after the enacting clause with the | ||||||
4 | following:
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5 | "Section 5. The Unified Code of Corrections is amended by | ||||||
6 | changing Section 5-4-1 as follows:
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7 | (730 ILCS 5/5-4-1) (from Ch. 38, par. 1005-4-1)
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8 | Sec. 5-4-1. Sentencing Hearing.
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9 | (a) Except when the death penalty is
sought under hearing | ||||||
10 | procedures otherwise specified, after a
determination of | ||||||
11 | guilt, a hearing shall be held to impose the sentence.
However, | ||||||
12 | prior to the imposition of sentence on an individual being
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13 | sentenced for an offense based upon a charge for a violation of | ||||||
14 | Section
11-501 of the Illinois Vehicle Code or a similar | ||||||
15 | provision of a local
ordinance, the individual must undergo a | ||||||
16 | professional evaluation to
determine if an alcohol or other |
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1 | drug abuse problem exists and the extent
of such a problem. | ||||||
2 | Programs conducting these evaluations shall be
licensed by the | ||||||
3 | Department of Human Services. However, if the individual is
not | ||||||
4 | a resident of Illinois, the court
may, in its discretion, | ||||||
5 | accept an evaluation from a program in the state of
such | ||||||
6 | individual's residence. The court may in its sentencing order | ||||||
7 | approve an
eligible defendant for placement in a Department of | ||||||
8 | Corrections impact
incarceration program as provided in | ||||||
9 | Section 5-8-1.1 or 5-8-1.3. The court may in its sentencing | ||||||
10 | order recommend a defendant for placement in a Department of | ||||||
11 | Corrections substance abuse treatment program as provided in | ||||||
12 | paragraph (a) of subsection (1) of Section 3-2-2 conditioned | ||||||
13 | upon the defendant being accepted in a program by the | ||||||
14 | Department of Corrections. At the
hearing the court
shall:
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15 | (1) consider the evidence, if any, received upon the | ||||||
16 | trial;
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17 | (2) consider any presentence reports;
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18 | (3) consider the financial impact of incarceration | ||||||
19 | based on the
financial impact statement filed with the | ||||||
20 | clerk of the court by the
Department of Corrections;
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21 | (4) consider evidence and information offered by the | ||||||
22 | parties in
aggravation and mitigation; | ||||||
23 | (4.5) consider substance abuse treatment, eligibility | ||||||
24 | screening, and an assessment, if any, of the defendant by | ||||||
25 | an agent designated by the State of Illinois to provide | ||||||
26 | assessment services for the Illinois courts;
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1 | (5) hear arguments as to sentencing alternatives;
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2 | (6) afford the defendant the opportunity to make a | ||||||
3 | statement in his
own behalf;
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4 | (7) afford the victim of a violent crime or a violation | ||||||
5 | of Section
11-501 of the Illinois Vehicle Code, or a | ||||||
6 | similar provision of a local
ordinance, or a qualified | ||||||
7 | individual affected by: (i) a violation of Section
405, | ||||||
8 | 405.1, 405.2, or 407 of the Illinois Controlled Substances | ||||||
9 | Act or a violation of Section 55 or Section 65 of the | ||||||
10 | Methamphetamine Control and Community Protection Act,
or | ||||||
11 | (ii) a Class 4 felony violation of Section 11-14, 11-15, | ||||||
12 | 11-17, 11-18,
11-18.1, or 11-19 of the Criminal Code of | ||||||
13 | 1961,
committed by the defendant the opportunity to make a | ||||||
14 | statement
concerning the impact on the victim and to offer | ||||||
15 | evidence in aggravation or
mitigation; provided that the | ||||||
16 | statement and evidence offered in aggravation
or | ||||||
17 | mitigation must first be prepared in writing in conjunction | ||||||
18 | with the
State's Attorney before it may be presented orally | ||||||
19 | at the hearing. Any
sworn testimony offered by the victim | ||||||
20 | is subject to the defendant's right
to cross-examine. All | ||||||
21 | statements and evidence offered under this paragraph
(7) | ||||||
22 | shall become part of the record of the court. For the | ||||||
23 | purpose of this
paragraph (7), "qualified individual" | ||||||
24 | means any person who (i) lived or worked
within the | ||||||
25 | territorial jurisdiction where the offense took place when | ||||||
26 | the
offense took place;
and (ii) is familiar with various |
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1 | public places within the territorial
jurisdiction where
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2 | the offense took place when the offense took place. For the | ||||||
3 | purposes of
this paragraph (7), "qualified individual" | ||||||
4 | includes any peace officer,
or any member of any duly | ||||||
5 | organized State, county, or municipal peace unit
assigned | ||||||
6 | to the territorial jurisdiction where the offense took | ||||||
7 | place when the
offense took
place;
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8 | (8) in cases of reckless homicide afford the victim's | ||||||
9 | spouse,
guardians, parents or other immediate family | ||||||
10 | members an opportunity to make
oral statements; and
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11 | (9) in cases involving a felony sex offense as defined | ||||||
12 | under the Sex
Offender
Management Board Act, consider the | ||||||
13 | results of the sex offender evaluation
conducted pursuant | ||||||
14 | to Section 5-3-2 of this Act.
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15 | (b) All sentences shall be imposed by the judge based upon | ||||||
16 | his
independent assessment of the elements specified above and | ||||||
17 | any agreement
as to sentence reached by the parties. The judge | ||||||
18 | who presided at the
trial or the judge who accepted the plea of | ||||||
19 | guilty shall impose the
sentence unless he is no longer sitting | ||||||
20 | as a judge in that court. Where
the judge does not impose | ||||||
21 | sentence at the same time on all defendants
who are convicted | ||||||
22 | as a result of being involved in the same offense, the
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23 | defendant or the State's Attorney may advise the sentencing | ||||||
24 | court of the
disposition of any other defendants who have been | ||||||
25 | sentenced.
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26 | (c) In imposing a sentence for a violent crime or for an |
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1 | offense of
operating or being in physical control of a vehicle | ||||||
2 | while under the
influence of alcohol, any other drug or any | ||||||
3 | combination thereof, or a
similar provision of a local | ||||||
4 | ordinance, when such offense resulted in the
personal injury to | ||||||
5 | someone other than the defendant, the trial judge shall
specify | ||||||
6 | on the record the particular evidence, information, factors in
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7 | mitigation and aggravation or other reasons that led to his | ||||||
8 | sentencing
determination. The full verbatim record of the | ||||||
9 | sentencing hearing shall be
filed with the clerk of the court | ||||||
10 | and shall be a public record.
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11 | (c-1) In imposing a sentence for the offense of aggravated | ||||||
12 | kidnapping for
ransom, home invasion, armed robbery, | ||||||
13 | aggravated vehicular hijacking,
aggravated discharge of a | ||||||
14 | firearm, or armed violence with a category I weapon
or category | ||||||
15 | II weapon,
the trial judge shall make a finding as to whether | ||||||
16 | the conduct leading to
conviction for the offense resulted in | ||||||
17 | great bodily harm to a victim, and
shall enter that finding and | ||||||
18 | the basis for that finding in the record.
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19 | (c-2) If the defendant is sentenced to prison, other than | ||||||
20 | when a sentence of
natural life imprisonment or a sentence of | ||||||
21 | death is imposed, at the time
the sentence is imposed the judge | ||||||
22 | shall
state on the record in open court the approximate period | ||||||
23 | of time the defendant
will serve in custody according to the | ||||||
24 | then current statutory rules and
regulations for early release | ||||||
25 | found in Section 3-6-3 and other related
provisions of this | ||||||
26 | Code. This statement is intended solely to inform the
public, |
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1 | has no legal effect on the defendant's actual release, and may | ||||||
2 | not be
relied on by the defendant on appeal.
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3 | The judge's statement, to be given after pronouncing the | ||||||
4 | sentence, other than
when the sentence is imposed for one of | ||||||
5 | the offenses enumerated in paragraph
(a)(3) of Section 3-6-3, | ||||||
6 | shall include the following:
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7 | "The purpose of this statement is to inform the public of | ||||||
8 | the actual period
of time this defendant is likely to spend in | ||||||
9 | prison as a result of this
sentence. The actual period of | ||||||
10 | prison time served is determined by the
statutes of Illinois as | ||||||
11 | applied to this sentence by the Illinois Department of
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12 | Corrections and
the Illinois Prisoner Review Board. In this | ||||||
13 | case, assuming the defendant
receives all of his or her good | ||||||
14 | conduct credit, the period of estimated actual
custody is ... | ||||||
15 | years and ... months, less up to 180 days additional good
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16 | conduct credit for meritorious service. If the defendant, | ||||||
17 | because of his or
her own misconduct or failure to comply with | ||||||
18 | the institutional regulations,
does not receive those credits, | ||||||
19 | the actual time served in prison will be
longer. The defendant | ||||||
20 | may also receive an additional one-half day good conduct
credit | ||||||
21 | for each day of participation in vocational, industry, | ||||||
22 | substance abuse,
and educational programs as provided for by | ||||||
23 | Illinois statute."
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24 | When the sentence is imposed for one of the offenses | ||||||
25 | enumerated in paragraph
(a)(3) of Section 3-6-3, other than | ||||||
26 | when the sentence is imposed for one of the
offenses enumerated |
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1 | in paragraph (a)(2) of Section 3-6-3 committed on or after
June | ||||||
2 | 19, 1998, and other than when the sentence is imposed for
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3 | reckless homicide as defined in subsection (e) of Section 9-3 | ||||||
4 | of the Criminal
Code of 1961 if the offense was committed on or | ||||||
5 | after January 1, 1999, and
other than when the sentence is | ||||||
6 | imposed for aggravated arson if the offense was
committed on or | ||||||
7 | after July 27, 2001 (the effective date of Public Act
92-176), | ||||||
8 | the
judge's statement, to be given after pronouncing the | ||||||
9 | sentence, shall include
the following:
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10 | "The purpose of this statement is to inform the public of | ||||||
11 | the actual period
of time this defendant is likely to spend in | ||||||
12 | prison as a result of this
sentence. The actual period of | ||||||
13 | prison time served is determined by the
statutes of Illinois as | ||||||
14 | applied to this sentence by the Illinois Department of
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15 | Corrections and the Illinois Prisoner Review Board. In this | ||||||
16 | case,
assuming the defendant
receives all of his or her good | ||||||
17 | conduct credit, the period of estimated actual
custody is ... | ||||||
18 | years and ... months, less up to 90 days additional good
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19 | conduct credit for meritorious service. If the defendant, | ||||||
20 | because of his or
her own misconduct or failure to comply with | ||||||
21 | the institutional regulations,
does not receive those credits, | ||||||
22 | the actual time served in prison will be
longer. The defendant | ||||||
23 | may also receive an additional one-half day good conduct
credit | ||||||
24 | for each day of participation in vocational, industry, | ||||||
25 | substance abuse,
and educational programs as provided for by | ||||||
26 | Illinois statute."
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1 | When the sentence is imposed for one of the offenses | ||||||
2 | enumerated in paragraph
(a)(2) of Section 3-6-3, other than | ||||||
3 | first degree murder, and the offense was
committed on or after | ||||||
4 | June 19, 1998, and when the sentence is imposed for
reckless | ||||||
5 | homicide as defined in subsection (e) of Section 9-3 of the | ||||||
6 | Criminal
Code of 1961 if the offense was committed on or after | ||||||
7 | January 1, 1999,
and when the sentence is imposed for | ||||||
8 | aggravated driving under the influence
of alcohol, other drug | ||||||
9 | or drugs, or intoxicating compound or compounds, or
any | ||||||
10 | combination thereof as defined in subparagraph (F) of paragraph | ||||||
11 | (1) of
subsection (d) of Section 11-501 of the Illinois Vehicle | ||||||
12 | Code, and when
the sentence is imposed for aggravated arson if | ||||||
13 | the offense was committed
on or after July 27, 2001 (the | ||||||
14 | effective date of Public Act 92-176), the judge's
statement, to | ||||||
15 | be given after pronouncing the sentence, shall include the
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16 | following:
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17 | "The purpose of this statement is to inform the public of | ||||||
18 | the actual period
of time this defendant is likely to spend in | ||||||
19 | prison as a result of this
sentence. The actual period of | ||||||
20 | prison time served is determined by the
statutes of Illinois as | ||||||
21 | applied to this sentence by the Illinois Department of
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22 | Corrections and
the Illinois Prisoner Review Board. In this | ||||||
23 | case,
the defendant is entitled to no more than 4 1/2 days of | ||||||
24 | good conduct credit for
each month of his or her sentence of | ||||||
25 | imprisonment. Therefore, this defendant
will serve at least 85% | ||||||
26 | of his or her sentence. Assuming the defendant
receives 4 1/2 |
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1 | days credit for each month of his or her sentence, the period
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2 | of estimated actual custody is ... years and ... months. If the | ||||||
3 | defendant,
because of his or her own misconduct or failure to | ||||||
4 | comply with the
institutional regulations receives lesser | ||||||
5 | credit, the actual time served in
prison will be longer."
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6 | When a sentence of imprisonment is imposed for first degree | ||||||
7 | murder and
the offense was committed on or after June 19, 1998, | ||||||
8 | the judge's statement,
to be given after pronouncing the | ||||||
9 | sentence, shall include the following:
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10 | "The purpose of this statement is to inform the public of | ||||||
11 | the actual period
of time this defendant is likely to spend in | ||||||
12 | prison as a result of this
sentence. The actual period of | ||||||
13 | prison time served is determined by the
statutes of Illinois as | ||||||
14 | applied to this sentence by the Illinois Department
of | ||||||
15 | Corrections and the Illinois Prisoner Review Board. In this | ||||||
16 | case, the
defendant is not entitled to good conduct credit. | ||||||
17 | Therefore, this defendant
will serve 100% of his or her | ||||||
18 | sentence."
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19 | When the sentencing order recommends placement in a | ||||||
20 | substance abuse program for any offense that results in | ||||||
21 | incarceration
in a Department of Corrections facility and the | ||||||
22 | crime was
committed on or after September 1, 2003 (the | ||||||
23 | effective date of Public Act
93-354), the judge's
statement, in | ||||||
24 | addition to any other judge's statement required under this
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25 | Section, to be given after pronouncing the sentence, shall | ||||||
26 | include the
following:
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1 | "The purpose of this statement is to inform the public of
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2 | the actual period of time this defendant is likely to spend in
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3 | prison as a result of this sentence. The actual period of
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4 | prison time served is determined by the statutes of Illinois as
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5 | applied to this sentence by the Illinois Department of
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6 | Corrections and the Illinois Prisoner Review Board. In this
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7 | case, the defendant shall receive no good conduct credit under | ||||||
8 | clause (3) of subsection (a) of Section 3-6-3 until he or
she | ||||||
9 | participates in and completes a substance abuse treatment | ||||||
10 | program or receives a waiver from the Director of Corrections | ||||||
11 | pursuant to clause (4.5) of subsection (a) of Section 3-6-3."
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12 | (d) When the defendant is committed to the Department of
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13 | Corrections, the State's Attorney shall and counsel for the | ||||||
14 | defendant
may file a statement with the clerk of the court to | ||||||
15 | be transmitted to
the department, agency or institution to | ||||||
16 | which the defendant is
committed to furnish such department, | ||||||
17 | agency or institution with the
facts and circumstances of the | ||||||
18 | offense for which the person was
committed together with all | ||||||
19 | other factual information accessible to them
in regard to the | ||||||
20 | person prior to his commitment relative to his habits,
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21 | associates, disposition and reputation and any other facts and
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22 | circumstances which may aid such department, agency or | ||||||
23 | institution
during its custody of such person. The clerk shall | ||||||
24 | within 10 days after
receiving any such statements transmit a | ||||||
25 | copy to such department, agency
or institution and a copy to | ||||||
26 | the other party, provided, however, that
this shall not be |
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1 | cause for delay in conveying the person to the
department, | ||||||
2 | agency or institution to which he has been committed.
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3 | (e) The clerk of the court shall transmit to the | ||||||
4 | department,
agency or institution, if any, to which the | ||||||
5 | defendant is committed, the
following:
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6 | (1) the sentence imposed;
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7 | (2) any statement by the court of the basis for | ||||||
8 | imposing the sentence;
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9 | (3) any presentence reports;
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10 | (3.5) any sex offender evaluations;
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11 | (3.6) any substance abuse treatment eligibility | ||||||
12 | screening and assessment of the defendant by an agent | ||||||
13 | designated by the State of Illinois to provide assessment | ||||||
14 | services for the Illinois courts;
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15 | (4) the number of days, if any, which the defendant has | ||||||
16 | been in
custody and for which he is entitled to credit | ||||||
17 | against the sentence,
which information shall be provided | ||||||
18 | to the clerk by the sheriff;
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19 | (4.1) any finding of great bodily harm made by the | ||||||
20 | court with respect
to an offense enumerated in subsection | ||||||
21 | (c-1);
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22 | (5) all statements filed under subsection (d) of this | ||||||
23 | Section;
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24 | (6) any medical or mental health records or summaries | ||||||
25 | of the defendant;
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26 | (7) the municipality where the arrest of the offender |
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1 | or the commission
of the offense has occurred, where such | ||||||
2 | municipality has a population of
more than 25,000 persons;
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3 | (8) all statements made and evidence offered under | ||||||
4 | paragraph (7) of
subsection (a) of this Section; and
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5 | (9) all additional matters which the court directs the | ||||||
6 | clerk to
transmit ; .
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7 | (10) the defendant's immigration status as declared by | ||||||
8 | the defendant in conjunction with the advisement issued by | ||||||
9 | the court pursuant to Section 113-8 of the Code of Criminal | ||||||
10 | Procedure of 1963; and | ||||||
11 | (11)
the defendant's immigration status as declared by | ||||||
12 | the defendant in conjunction with advisement issued by the | ||||||
13 | court at the sentencing hearing conducted pursuant to this | ||||||
14 | Section. | ||||||
15 | (f) At the sentencing hearing for a conviction or plea of | ||||||
16 | guilty to a misdemeanor or felony offense, the court shall give | ||||||
17 | the following advisement to the defendant in open court: "If | ||||||
18 | you are not a citizen of the United States, you are hereby | ||||||
19 | advised that your conviction for the offense for which you have | ||||||
20 | been found guilty or entered a plea of guilty may have | ||||||
21 | consequences of deportation, exclusion from admission to the | ||||||
22 | United States, or denial of naturalization under the laws of | ||||||
23 | the United States." | ||||||
24 | (g) The Illinois Department of Corrections shall submit | ||||||
25 | information it receives pursuant to paragraphs (10) and (11) of | ||||||
26 | subsection (e) for all defendants committed to a Department of |
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1 | Corrections facility to the U.S. Department of Immigration | ||||||
2 | Customs Enforcement. | ||||||
3 | (h) Notwithstanding any other rulemaking authority that | ||||||
4 | may exist, neither the Governor nor any agency or agency head | ||||||
5 | under the jurisdiction of the Governor has any authority to | ||||||
6 | make or promulgate rules to implement or enforce the provisions | ||||||
7 | of this amendatory Act of the 95th General Assembly. If, | ||||||
8 | however, the Governor believes that rules are necessary to | ||||||
9 | implement or enforce the provisions of this amendatory Act of | ||||||
10 | the 95th General Assembly, the Governor may suggest rules to | ||||||
11 | the General Assembly by filing them with the Clerk of the House | ||||||
12 | and the Secretary of the Senate and by requesting that the | ||||||
13 | General Assembly authorize such rulemaking by law, enact those | ||||||
14 | suggested rules into law, or take any other appropriate action | ||||||
15 | in the General Assembly's discretion. Nothing contained in this | ||||||
16 | amendatory Act of the 95th General Assembly shall be | ||||||
17 | interpreted to grant rulemaking authority under any other | ||||||
18 | Illinois statute where such authority is not otherwise | ||||||
19 | explicitly given. For the purposes of this Section, "rules" is | ||||||
20 | given the meaning contained in Section 1-70 of the Illinois | ||||||
21 | Administrative Procedure Act, and "agency" and "agency head" | ||||||
22 | are given the meanings contained in Sections 1-20 and 1-25 of | ||||||
23 | the Illinois Administrative Procedure Act to the extent that | ||||||
24 | such definitions apply to agencies or agency heads under the | ||||||
25 | jurisdiction of the Governor. | ||||||
26 | (Source: P.A. 94-156, eff. 7-8-05; 94-556, eff. 9-11-05; |
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1 | 95-331, eff. 8-21-07.)".
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