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1 | AN ACT concerning criminal law.
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2 | Be it enacted by the People of the State of Illinois,
| ||||||||||||||||||||||||||
3 | represented in the General Assembly:
| ||||||||||||||||||||||||||
4 | Section 5. The Criminal Code of 1961 is amended by changing | ||||||||||||||||||||||||||
5 | Section 24-3.5 as follows:
| ||||||||||||||||||||||||||
6 | (720 ILCS 5/24-3.5)
| ||||||||||||||||||||||||||
7 | Sec. 24-3.5. Unlawful purchase of a firearm.
| ||||||||||||||||||||||||||
8 | (a) For purposes of this Section,
"firearms transaction | ||||||||||||||||||||||||||
9 | record form" means a form:
| ||||||||||||||||||||||||||
10 | (1) executed by a transferee
of a firearm stating: (i) | ||||||||||||||||||||||||||
11 | the transferee's name and address (including county
or | ||||||||||||||||||||||||||
12 | similar political subdivision); (ii) whether the | ||||||||||||||||||||||||||
13 | transferee is a citizen of
the United States;
(iii) the | ||||||||||||||||||||||||||
14 | transferee's State of residence; and (iv) the date and | ||||||||||||||||||||||||||
15 | place of
birth, height, weight, and race of the transferee; | ||||||||||||||||||||||||||
16 | and
| ||||||||||||||||||||||||||
17 | (2) on which the transferee certifies that he or she is | ||||||||||||||||||||||||||
18 | not
prohibited by federal law from transporting or shipping | ||||||||||||||||||||||||||
19 | a firearm
in interstate or foreign commerce or receiving a | ||||||||||||||||||||||||||
20 | firearm that has been shipped
or transported in interstate | ||||||||||||||||||||||||||
21 | or foreign commerce or possessing a firearm in or
affecting | ||||||||||||||||||||||||||
22 | commerce.
| ||||||||||||||||||||||||||
23 | (b) A person commits the offense of unlawful purchase of a |
| |||||||
| |||||||
1 | firearm who
knowingly purchases or attempts to purchase a
| ||||||
2 | firearm with the intent to deliver that firearm to another | ||||||
3 | person who
is prohibited by federal or State law from | ||||||
4 | possessing a firearm.
| ||||||
5 | (c) A person commits the offense of unlawful purchase of a | ||||||
6 | firearm when he
or she, in purchasing or attempting to purchase | ||||||
7 | a firearm, intentionally
provides false or
misleading | ||||||
8 | information on a United States Department of the Treasury, | ||||||
9 | Bureau of
Alcohol, Tobacco and Firearms firearms transaction | ||||||
10 | record form.
| ||||||
11 | (d) Exemption. It is not a violation of subsection (b) of | ||||||
12 | this Section for a
person to make a gift or loan of a firearm to | ||||||
13 | a
person who is not
prohibited by federal or State law from | ||||||
14 | possessing a firearm
if the transfer of the firearm
is made in | ||||||
15 | accordance with Section 3 of the Firearm Owners Identification | ||||||
16 | Card
Act.
| ||||||
17 | (e) Sentence.
| ||||||
18 | (1) Except as otherwise provided in paragraph (1.5) of | ||||||
19 | this subsection (e), a A person who commits the offense of | ||||||
20 | unlawful purchase of a
firearm:
| ||||||
21 | (A) is guilty of a Class 4 felony for purchasing or | ||||||
22 | attempting to
purchase one firearm;
| ||||||
23 | (B) is guilty of a Class 3 felony for purchasing or | ||||||
24 | attempting to
purchase not less than 2
firearms and not | ||||||
25 | more than 5 firearms at the same time or within a one
| ||||||
26 | year period;
|
| |||||||
| |||||||
1 | (C) is guilty of a Class 2 felony for purchasing or | ||||||
2 | attempting to
purchase not less than 6
firearms and not | ||||||
3 | more than 10 firearms at the same time or within a 2
| ||||||
4 | year period;
| ||||||
5 | (D) is guilty of a Class 1 felony for purchasing or | ||||||
6 | attempting to
purchase not less than
11 firearms and | ||||||
7 | not more than 20 firearms at the same time or within a | ||||||
8 | 3
year period;
| ||||||
9 | (E) is guilty of a Class X felony for which the | ||||||
10 | person shall be
sentenced to a term of imprisonment of | ||||||
11 | not less than 6 years and not more
than 30 years for | ||||||
12 | purchasing or attempting to purchase
not less than 21 | ||||||
13 | firearms and not more
than 30 firearms at the same time | ||||||
14 | or within a 4 year period;
| ||||||
15 | (F) is guilty of a Class X felony for which the | ||||||
16 | person shall be
sentenced to a term of imprisonment of | ||||||
17 | not less than 6 years and not
more than 40 years for | ||||||
18 | purchasing or attempting to purchase
not less than 31 | ||||||
19 | firearms and not
more than 40 firearms at the same time | ||||||
20 | or within a 5 year period;
| ||||||
21 | (G) is guilty of a Class X felony for which the | ||||||
22 | person shall be
sentenced to a term of imprisonment of | ||||||
23 | not less than 6 years and not
more than 50 years for | ||||||
24 | purchasing or attempting to purchase
more than 40 | ||||||
25 | firearms at the same
time or within a 6 year period.
| ||||||
26 | (1.5) A person who commits the offense of unlawful |
| |||||||
| |||||||
1 | purchase of a
firearm is guilty of a Class 1 | ||||||
2 | non-probationable felony if any firearm that is purchased | ||||||
3 | is used to commit an act of domestic violence as defined in | ||||||
4 | Section 112A-3 of the Code of Criminal Procedure of 1963.
| ||||||
5 | (2) In addition to any other penalty that may be | ||||||
6 | imposed for a violation
of this Section, the court may | ||||||
7 | sentence a person convicted of a violation of
subsection | ||||||
8 | (c) of this Section to a fine not to exceed $250,000 for | ||||||
9 | each
violation.
| ||||||
10 | (f) A prosecution for unlawful purchase of a firearm may be | ||||||
11 | commenced within 6 years after the commission of the offense.
| ||||||
12 | (Source: P.A. 93-451, eff. 8-7-03; 93-906, eff. 8-11-04.)
| ||||||
13 | Section 10. The Unified Code of Corrections is amended by | ||||||
14 | changing Section 5-5-3 as follows:
| ||||||
15 | (730 ILCS 5/5-5-3) (from Ch. 38, par. 1005-5-3)
| ||||||
16 | (Text of Section after amendment by P.A. 95-579 ) | ||||||
17 | Sec. 5-5-3. Disposition.
| ||||||
18 | (a) Except as provided in Section 11-501 of the Illinois | ||||||
19 | Vehicle Code, every person convicted of an offense shall be | ||||||
20 | sentenced as provided
in this Section.
| ||||||
21 | (b) The following options shall be appropriate | ||||||
22 | dispositions, alone
or in combination, for all felonies and | ||||||
23 | misdemeanors other than those
identified in subsection (c) of | ||||||
24 | this Section:
|
| |||||||
| |||||||
1 | (1) A period of probation.
| ||||||
2 | (2) A term of periodic imprisonment.
| ||||||
3 | (3) A term of conditional discharge.
| ||||||
4 | (4) A term of imprisonment.
| ||||||
5 | (5) An order directing the offender to clean up and | ||||||
6 | repair the
damage, if the offender was convicted under | ||||||
7 | paragraph (h) of Section
21-1 of the Criminal Code of 1961 | ||||||
8 | (now repealed).
| ||||||
9 | (6) A fine.
| ||||||
10 | (7) An order directing the offender to make restitution | ||||||
11 | to the
victim under Section 5-5-6 of this Code.
| ||||||
12 | (8) A sentence of participation in a county impact | ||||||
13 | incarceration
program under Section 5-8-1.2 of this Code. | ||||||
14 | (9) A term of imprisonment in combination with a term | ||||||
15 | of probation when the offender has been admitted into a | ||||||
16 | drug court program under Section 20 of the Drug Court | ||||||
17 | Treatment Act.
| ||||||
18 | Neither a fine nor restitution shall be the sole | ||||||
19 | disposition
for a felony and either or both may be imposed only | ||||||
20 | in conjunction with
another disposition.
| ||||||
21 | (c) (1) When a defendant is found guilty of first degree | ||||||
22 | murder the
State may either seek a sentence of imprisonment | ||||||
23 | under Section 5-8-1 of
this Code, or where appropriate seek | ||||||
24 | a sentence of death under Section 9-1
of the Criminal Code | ||||||
25 | of 1961.
| ||||||
26 | (2) A period of probation, a term of periodic |
| |||||||
| |||||||
1 | imprisonment or
conditional discharge shall not be imposed | ||||||
2 | for the following offenses.
The court shall sentence the | ||||||
3 | offender to not less than the minimum term
of imprisonment | ||||||
4 | set forth in this Code for the following offenses, and
may | ||||||
5 | order a fine or restitution or both in conjunction with | ||||||
6 | such term of
imprisonment:
| ||||||
7 | (A) First degree murder where the death penalty is | ||||||
8 | not imposed.
| ||||||
9 | (B) Attempted first degree murder.
| ||||||
10 | (C) A Class X felony.
| ||||||
11 | (D) A violation of Section 401.1 or 407 of the
| ||||||
12 | Illinois Controlled Substances Act, or a violation of | ||||||
13 | subdivision (c)(1), (c)(1.5), or
(c)(2) of
Section 401 | ||||||
14 | of that Act which relates to more than 5 grams of a | ||||||
15 | substance
containing heroin, cocaine, fentanyl, or an | ||||||
16 | analog thereof.
| ||||||
17 | (E) A violation of Section 5.1 or 9 of the Cannabis | ||||||
18 | Control
Act.
| ||||||
19 | (F) A Class 2 or greater felony if the offender had | ||||||
20 | been convicted
of a Class 2 or greater felony within 10 | ||||||
21 | years of the date on which the
offender
committed the | ||||||
22 | offense for which he or she is being sentenced, except | ||||||
23 | as
otherwise provided in Section 40-10 of the | ||||||
24 | Alcoholism and Other Drug Abuse and
Dependency Act.
| ||||||
25 | (F-5) A violation of Section 24-1, 24-1.1, or | ||||||
26 | 24-1.6 of the Criminal Code of 1961 for which |
| |||||||
| |||||||
1 | imprisonment is prescribed in those Sections.
| ||||||
2 | (G) Residential burglary, except as otherwise | ||||||
3 | provided in Section 40-10
of the Alcoholism and Other | ||||||
4 | Drug Abuse and Dependency Act.
| ||||||
5 | (H) Criminal sexual assault.
| ||||||
6 | (I) Aggravated battery of a senior citizen.
| ||||||
7 | (J) A forcible felony if the offense was related to | ||||||
8 | the activities of an
organized gang.
| ||||||
9 | Before July 1, 1994, for the purposes of this | ||||||
10 | paragraph, "organized
gang" means an association of 5 | ||||||
11 | or more persons, with an established hierarchy,
that | ||||||
12 | encourages members of the association to perpetrate | ||||||
13 | crimes or provides
support to the members of the | ||||||
14 | association who do commit crimes.
| ||||||
15 | Beginning July 1, 1994, for the purposes of this | ||||||
16 | paragraph,
"organized gang" has the meaning ascribed | ||||||
17 | to it in Section 10 of the Illinois
Streetgang | ||||||
18 | Terrorism Omnibus Prevention Act.
| ||||||
19 | (K) Vehicular hijacking.
| ||||||
20 | (L) A second or subsequent conviction for the | ||||||
21 | offense of hate crime
when the underlying offense upon | ||||||
22 | which the hate crime is based is felony
aggravated
| ||||||
23 | assault or felony mob action.
| ||||||
24 | (M) A second or subsequent conviction for the | ||||||
25 | offense of institutional
vandalism if the damage to the | ||||||
26 | property exceeds $300.
|
| |||||||
| |||||||
1 | (N) A Class 3 felony violation of paragraph (1) of | ||||||
2 | subsection (a) of
Section 2 of the Firearm Owners | ||||||
3 | Identification Card Act.
| ||||||
4 | (O) A violation of Section 12-6.1 of the Criminal | ||||||
5 | Code of 1961.
| ||||||
6 | (P) A violation of paragraph (1), (2), (3), (4), | ||||||
7 | (5), or (7) of
subsection (a)
of Section 11-20.1 of the | ||||||
8 | Criminal Code of 1961.
| ||||||
9 | (Q) A violation of Section 20-1.2 or 20-1.3 of the | ||||||
10 | Criminal Code of
1961.
| ||||||
11 | (R) A violation of Section 24-3A of the Criminal | ||||||
12 | Code of
1961.
| ||||||
13 | (S) (Blank).
| ||||||
14 | (T) A second or subsequent violation of the | ||||||
15 | Methamphetamine Control and Community Protection Act.
| ||||||
16 | (U) A second or subsequent violation of Section | ||||||
17 | 6-303 of the Illinois Vehicle Code committed while his | ||||||
18 | or her driver's license, permit, or privilege was | ||||||
19 | revoked because of a violation of Section 9-3 of the | ||||||
20 | Criminal Code of 1961, relating to the offense of | ||||||
21 | reckless homicide, or a similar provision of a law of | ||||||
22 | another state.
| ||||||
23 | (V)
(U) A violation of paragraph (4) of subsection | ||||||
24 | (c) of Section 11-20.3 of the Criminal Code of 1961.
| ||||||
25 | (W) A violation of Section 24-3.5 of the Criminal | ||||||
26 | Code of 1961 if any firearm that is purchased is used |
| |||||||
| |||||||
1 | to commit an act of domestic violence as defined in | ||||||
2 | Section 112A-3 of the Code of Criminal Procedure of | ||||||
3 | 1963.
| ||||||
4 | (3) (Blank).
| ||||||
5 | (4) A minimum term of imprisonment of not less than 10
| ||||||
6 | consecutive days or 30 days of community service shall be | ||||||
7 | imposed for a
violation of paragraph (c) of Section 6-303 | ||||||
8 | of the Illinois Vehicle Code.
| ||||||
9 | (4.1) (Blank).
| ||||||
10 | (4.2) Except as provided in paragraphs (4.3) and (4.8) | ||||||
11 | of this subsection (c), a
minimum of
100 hours of community | ||||||
12 | service shall be imposed for a second violation of
Section | ||||||
13 | 6-303
of the Illinois Vehicle Code.
| ||||||
14 | (4.3) A minimum term of imprisonment of 30 days or 300 | ||||||
15 | hours of community
service, as determined by the court, | ||||||
16 | shall
be imposed for a second violation of subsection (c) | ||||||
17 | of Section 6-303 of the
Illinois Vehicle Code.
| ||||||
18 | (4.4) Except as provided in paragraphs
(4.5), (4.6), | ||||||
19 | and (4.9) of this
subsection (c), a
minimum term of | ||||||
20 | imprisonment of 30 days or 300 hours of community service, | ||||||
21 | as
determined by the court, shall
be imposed
for a third or | ||||||
22 | subsequent violation of Section 6-303 of the Illinois | ||||||
23 | Vehicle
Code.
| ||||||
24 | (4.5) A minimum term of imprisonment of 30 days
shall | ||||||
25 | be imposed for a third violation of subsection (c) of
| ||||||
26 | Section 6-303 of the Illinois Vehicle Code.
|
| |||||||
| |||||||
1 | (4.6) Except as provided in paragraph (4.10) of this | ||||||
2 | subsection (c), a minimum term of imprisonment of 180 days | ||||||
3 | shall be imposed for a
fourth or subsequent violation of | ||||||
4 | subsection (c) of Section 6-303 of the
Illinois Vehicle | ||||||
5 | Code.
| ||||||
6 | (4.7) A minimum term of imprisonment of not less than | ||||||
7 | 30 consecutive days, or 300 hours of community service, | ||||||
8 | shall be imposed for a violation of subsection (a-5) of | ||||||
9 | Section 6-303 of the Illinois Vehicle Code, as provided in | ||||||
10 | subsection (b-5) of that Section.
| ||||||
11 | (4.8) A mandatory prison sentence shall be imposed for | ||||||
12 | a second violation of subsection (a-5) of Section 6-303 of | ||||||
13 | the Illinois Vehicle Code, as provided in subsection (c-5) | ||||||
14 | of that Section. The person's driving privileges shall be | ||||||
15 | revoked for a period of not less than 5 years from the date | ||||||
16 | of his or her release from prison.
| ||||||
17 | (4.9) A mandatory prison sentence of not less than 4 | ||||||
18 | and not more than 15 years shall be imposed for a third | ||||||
19 | violation of subsection (a-5) of Section 6-303 of the | ||||||
20 | Illinois Vehicle Code, as provided in subsection (d-2.5) of | ||||||
21 | that Section. The person's driving privileges shall be | ||||||
22 | revoked for the remainder of his or her life.
| ||||||
23 | (4.10) A mandatory prison sentence for a Class 1 felony | ||||||
24 | shall be imposed, and the person shall be eligible for an | ||||||
25 | extended term sentence, for a fourth or subsequent | ||||||
26 | violation of subsection (a-5) of Section 6-303 of the |
| |||||||
| |||||||
1 | Illinois Vehicle Code, as provided in subsection (d-3.5) of | ||||||
2 | that Section. The person's driving privileges shall be | ||||||
3 | revoked for the remainder of his or her life.
| ||||||
4 | (5) The court may sentence an offender convicted of a | ||||||
5 | business
offense or a petty offense or a corporation or | ||||||
6 | unincorporated
association convicted of any offense to:
| ||||||
7 | (A) a period of conditional discharge;
| ||||||
8 | (B) a fine;
| ||||||
9 | (C) make restitution to the victim under Section | ||||||
10 | 5-5-6 of this Code.
| ||||||
11 | (5.1) In addition to any penalties imposed under | ||||||
12 | paragraph (5) of this
subsection (c), and except as | ||||||
13 | provided in paragraph (5.2) or (5.3), a person
convicted of | ||||||
14 | violating subsection (c) of Section 11-907 of the Illinois
| ||||||
15 | Vehicle Code shall have his or her driver's license, | ||||||
16 | permit, or privileges
suspended for at least 90 days but | ||||||
17 | not more than one year, if the violation
resulted in damage | ||||||
18 | to the property of another person.
| ||||||
19 | (5.2) In addition to any penalties imposed under | ||||||
20 | paragraph (5) of this
subsection (c), and except as | ||||||
21 | provided in paragraph (5.3), a person convicted
of | ||||||
22 | violating subsection (c) of Section 11-907 of the Illinois | ||||||
23 | Vehicle Code
shall have his or her driver's license, | ||||||
24 | permit, or privileges suspended for at
least 180 days but | ||||||
25 | not more than 2 years, if the violation resulted in injury
| ||||||
26 | to
another person.
|
| |||||||
| |||||||
1 | (5.3) In addition to any penalties imposed under | ||||||
2 | paragraph (5) of
this
subsection (c), a person convicted of | ||||||
3 | violating subsection (c) of Section
11-907 of the Illinois | ||||||
4 | Vehicle Code shall have his or her driver's license,
| ||||||
5 | permit, or privileges suspended for 2 years, if the | ||||||
6 | violation resulted in the
death of another person.
| ||||||
7 | (5.4) In addition to any penalties imposed under | ||||||
8 | paragraph (5) of this subsection (c), a person convicted of | ||||||
9 | violating Section 3-707 of the Illinois Vehicle Code shall | ||||||
10 | have his or her driver's license, permit, or privileges | ||||||
11 | suspended for 3 months and until he or she has paid a | ||||||
12 | reinstatement fee of $100. | ||||||
13 | (5.5) In addition to any penalties imposed under | ||||||
14 | paragraph (5) of this subsection (c), a person convicted of | ||||||
15 | violating Section 3-707 of the Illinois Vehicle Code during | ||||||
16 | a period in which his or her driver's license, permit, or | ||||||
17 | privileges were suspended for a previous violation of that | ||||||
18 | Section shall have his or her driver's license, permit, or | ||||||
19 | privileges suspended for an additional 6 months after the | ||||||
20 | expiration of the original 3-month suspension and until he | ||||||
21 | or she has paid a reinstatement fee of $100.
| ||||||
22 | (6) In no case shall an offender be eligible for a | ||||||
23 | disposition of
probation or conditional discharge for a | ||||||
24 | Class 1 felony committed while
he was serving a term of | ||||||
25 | probation or conditional discharge for a felony.
| ||||||
26 | (7) When a defendant is adjudged a habitual criminal |
| |||||||
| |||||||
1 | under Article
33B of the Criminal Code of 1961, the court | ||||||
2 | shall sentence
the defendant to a term of natural life | ||||||
3 | imprisonment.
| ||||||
4 | (8) When a defendant, over the age of 21 years, is | ||||||
5 | convicted of a
Class 1 or Class 2 felony, after having | ||||||
6 | twice been convicted
in any state or
federal court of an | ||||||
7 | offense that contains the same elements as an offense now
| ||||||
8 | classified in Illinois as a Class 2 or greater Class felony
| ||||||
9 | and such charges are
separately brought and tried and arise | ||||||
10 | out of different series of acts,
such defendant shall be | ||||||
11 | sentenced as a Class X offender. This paragraph
shall not | ||||||
12 | apply unless (1) the first felony was committed after the
| ||||||
13 | effective date of this amendatory Act of 1977; and (2) the | ||||||
14 | second felony
was committed after conviction on the first; | ||||||
15 | and (3) the third felony
was committed after conviction on | ||||||
16 | the second.
A person sentenced as a Class X offender under | ||||||
17 | this paragraph is not
eligible to apply for treatment as a | ||||||
18 | condition of probation as provided by
Section 40-10 of the | ||||||
19 | Alcoholism and Other Drug Abuse and Dependency Act.
| ||||||
20 | (9) A defendant convicted of a second or subsequent | ||||||
21 | offense of ritualized
abuse of a child may be sentenced to | ||||||
22 | a term of natural life imprisonment.
| ||||||
23 | (10) (Blank).
| ||||||
24 | (11) The court shall impose a minimum fine of $1,000 | ||||||
25 | for a first offense
and $2,000 for a second or subsequent | ||||||
26 | offense upon a person convicted of or
placed on supervision |
| |||||||
| |||||||
1 | for battery when the individual harmed was a sports
| ||||||
2 | official or coach at any level of competition and the act | ||||||
3 | causing harm to the
sports
official or coach occurred | ||||||
4 | within an athletic facility or within the immediate | ||||||
5 | vicinity
of the athletic facility at which the sports | ||||||
6 | official or coach was an active
participant
of the athletic | ||||||
7 | contest held at the athletic facility. For the purposes of
| ||||||
8 | this paragraph (11), "sports official" means a person at an | ||||||
9 | athletic contest
who enforces the rules of the contest, | ||||||
10 | such as an umpire or referee; "athletic facility" means an | ||||||
11 | indoor or outdoor playing field or recreational area where | ||||||
12 | sports activities are conducted;
and "coach" means a person | ||||||
13 | recognized as a coach by the sanctioning
authority that | ||||||
14 | conducted the sporting event. | ||||||
15 | (12) A person may not receive a disposition of court | ||||||
16 | supervision for a
violation of Section 5-16 of the Boat | ||||||
17 | Registration and Safety Act if that
person has previously | ||||||
18 | received a disposition of court supervision for a
violation | ||||||
19 | of that Section.
| ||||||
20 | (13) A person convicted of or placed on court | ||||||
21 | supervision for an assault or aggravated assault when the | ||||||
22 | victim and the offender are family or household members as | ||||||
23 | defined in Section 103 of the Illinois Domestic Violence | ||||||
24 | Act of 1986 or convicted of domestic battery or aggravated | ||||||
25 | domestic battery may be required to attend a Partner Abuse | ||||||
26 | Intervention Program under protocols set forth by the |
| |||||||
| |||||||
1 | Illinois Department of Human Services under such terms and | ||||||
2 | conditions imposed by the court. The costs of such classes | ||||||
3 | shall be paid by the offender.
| ||||||
4 | (d) In any case in which a sentence originally imposed is | ||||||
5 | vacated,
the case shall be remanded to the trial court. The | ||||||
6 | trial court shall
hold a hearing under Section 5-4-1 of the | ||||||
7 | Unified Code of Corrections
which may include evidence of the | ||||||
8 | defendant's life, moral character and
occupation during the | ||||||
9 | time since the original sentence was passed. The
trial court | ||||||
10 | shall then impose sentence upon the defendant. The trial
court | ||||||
11 | may impose any sentence which could have been imposed at the
| ||||||
12 | original trial subject to Section 5-5-4 of the Unified Code of | ||||||
13 | Corrections.
If a sentence is vacated on appeal or on | ||||||
14 | collateral attack due to the
failure of the trier of fact at | ||||||
15 | trial to determine beyond a reasonable doubt
the
existence of a | ||||||
16 | fact (other than a prior conviction) necessary to increase the
| ||||||
17 | punishment for the offense beyond the statutory maximum | ||||||
18 | otherwise applicable,
either the defendant may be re-sentenced | ||||||
19 | to a term within the range otherwise
provided or, if the State | ||||||
20 | files notice of its intention to again seek the
extended | ||||||
21 | sentence, the defendant shall be afforded a new trial.
| ||||||
22 | (e) In cases where prosecution for
aggravated criminal | ||||||
23 | sexual abuse under Section 12-16 of the
Criminal Code of 1961 | ||||||
24 | results in conviction of a defendant
who was a family member of | ||||||
25 | the victim at the time of the commission of the
offense, the | ||||||
26 | court shall consider the safety and welfare of the victim and
|
| |||||||
| |||||||
1 | may impose a sentence of probation only where:
| ||||||
2 | (1) the court finds (A) or (B) or both are appropriate:
| ||||||
3 | (A) the defendant is willing to undergo a court | ||||||
4 | approved counseling
program for a minimum duration of 2 | ||||||
5 | years; or
| ||||||
6 | (B) the defendant is willing to participate in a | ||||||
7 | court approved plan
including but not limited to the | ||||||
8 | defendant's:
| ||||||
9 | (i) removal from the household;
| ||||||
10 | (ii) restricted contact with the victim;
| ||||||
11 | (iii) continued financial support of the | ||||||
12 | family;
| ||||||
13 | (iv) restitution for harm done to the victim; | ||||||
14 | and
| ||||||
15 | (v) compliance with any other measures that | ||||||
16 | the court may
deem appropriate; and
| ||||||
17 | (2) the court orders the defendant to pay for the | ||||||
18 | victim's counseling
services, to the extent that the court | ||||||
19 | finds, after considering the
defendant's income and | ||||||
20 | assets, that the defendant is financially capable of
paying | ||||||
21 | for such services, if the victim was under 18 years of age | ||||||
22 | at the
time the offense was committed and requires | ||||||
23 | counseling as a result of the
offense.
| ||||||
24 | Probation may be revoked or modified pursuant to Section | ||||||
25 | 5-6-4; except
where the court determines at the hearing that | ||||||
26 | the defendant violated a
condition of his or her probation |
| |||||||
| |||||||
1 | restricting contact with the victim or
other family members or | ||||||
2 | commits another offense with the victim or other
family | ||||||
3 | members, the court shall revoke the defendant's probation and
| ||||||
4 | impose a term of imprisonment.
| ||||||
5 | For the purposes of this Section, "family member" and | ||||||
6 | "victim" shall have
the meanings ascribed to them in Section | ||||||
7 | 12-12 of the Criminal Code of
1961.
| ||||||
8 | (f) This Article shall not deprive a court in other | ||||||
9 | proceedings to
order a forfeiture of property, to suspend or | ||||||
10 | cancel a license, to
remove a person from office, or to impose | ||||||
11 | any other civil penalty.
| ||||||
12 | (g) Whenever a defendant is convicted of an offense under | ||||||
13 | Sections
11-14, 11-15, 11-15.1, 11-16, 11-17, 11-18, 11-18.1, | ||||||
14 | 11-19, 11-19.1, 11-19.2,
12-13, 12-14, 12-14.1, 12-15 or 12-16 | ||||||
15 | of the Criminal Code of 1961,
the defendant shall undergo | ||||||
16 | medical testing to
determine whether the defendant has any | ||||||
17 | sexually transmissible disease,
including a test for infection | ||||||
18 | with human immunodeficiency virus (HIV) or
any other identified | ||||||
19 | causative agent of acquired immunodeficiency syndrome
(AIDS). | ||||||
20 | Any such medical test shall be performed only by appropriately
| ||||||
21 | licensed medical practitioners and may include an analysis of | ||||||
22 | any bodily
fluids as well as an examination of the defendant's | ||||||
23 | person.
Except as otherwise provided by law, the results of | ||||||
24 | such test shall be kept
strictly confidential by all medical | ||||||
25 | personnel involved in the testing and must
be personally | ||||||
26 | delivered in a sealed envelope to the judge of the court in |
| |||||||
| |||||||
1 | which
the conviction was entered for the judge's inspection in | ||||||
2 | camera. Acting in
accordance with the best interests of the | ||||||
3 | victim and the public, the judge
shall have the discretion to | ||||||
4 | determine to whom, if anyone, the results of the
testing may be | ||||||
5 | revealed. The court shall notify the defendant
of the test | ||||||
6 | results. The court shall
also notify the victim if requested by | ||||||
7 | the victim, and if the victim is under
the age of 15 and if | ||||||
8 | requested by the victim's parents or legal guardian, the
court | ||||||
9 | shall notify the victim's parents or legal guardian of the test
| ||||||
10 | results.
The court shall provide information on the | ||||||
11 | availability of HIV testing
and counseling at Department of | ||||||
12 | Public Health facilities to all parties to
whom the results of | ||||||
13 | the testing are revealed and shall direct the State's
Attorney | ||||||
14 | to provide the information to the victim when possible.
A | ||||||
15 | State's Attorney may petition the court to obtain the results | ||||||
16 | of any HIV test
administered under this Section, and the court | ||||||
17 | shall grant the disclosure if
the State's Attorney shows it is | ||||||
18 | relevant in order to prosecute a charge of
criminal | ||||||
19 | transmission of HIV under Section 12-16.2 of the Criminal Code | ||||||
20 | of 1961
against the defendant. The court shall order that the | ||||||
21 | cost of any such test
shall be paid by the county and may be | ||||||
22 | taxed as costs against the convicted
defendant.
| ||||||
23 | (g-5) When an inmate is tested for an airborne communicable | ||||||
24 | disease, as
determined by the Illinois Department of Public | ||||||
25 | Health including but not
limited to tuberculosis, the results | ||||||
26 | of the test shall be
personally delivered by the warden or his |
| |||||||
| |||||||
1 | or her designee in a sealed envelope
to the judge of the court | ||||||
2 | in which the inmate must appear for the judge's
inspection in | ||||||
3 | camera if requested by the judge. Acting in accordance with the
| ||||||
4 | best interests of those in the courtroom, the judge shall have | ||||||
5 | the discretion
to determine what if any precautions need to be | ||||||
6 | taken to prevent transmission
of the disease in the courtroom.
| ||||||
7 | (h) Whenever a defendant is convicted of an offense under | ||||||
8 | Section 1 or 2
of the Hypodermic Syringes and Needles Act, the | ||||||
9 | defendant shall undergo
medical testing to determine whether | ||||||
10 | the defendant has been exposed to human
immunodeficiency virus | ||||||
11 | (HIV) or any other identified causative agent of
acquired | ||||||
12 | immunodeficiency syndrome (AIDS). Except as otherwise provided | ||||||
13 | by
law, the results of such test shall be kept strictly | ||||||
14 | confidential by all
medical personnel involved in the testing | ||||||
15 | and must be personally delivered in a
sealed envelope to the | ||||||
16 | judge of the court in which the conviction was entered
for the | ||||||
17 | judge's inspection in camera. Acting in accordance with the | ||||||
18 | best
interests of the public, the judge shall have the | ||||||
19 | discretion to determine to
whom, if anyone, the results of the | ||||||
20 | testing may be revealed. The court shall
notify the defendant | ||||||
21 | of a positive test showing an infection with the human
| ||||||
22 | immunodeficiency virus (HIV). The court shall provide | ||||||
23 | information on the
availability of HIV testing and counseling | ||||||
24 | at Department of Public Health
facilities to all parties to | ||||||
25 | whom the results of the testing are revealed and
shall direct | ||||||
26 | the State's Attorney to provide the information to the victim |
| |||||||
| |||||||
1 | when
possible. A State's Attorney may petition the court to | ||||||
2 | obtain the results of
any HIV test administered under this | ||||||
3 | Section, and the court shall grant the
disclosure if the | ||||||
4 | State's Attorney shows it is relevant in order to prosecute a
| ||||||
5 | charge of criminal transmission of HIV under Section 12-16.2 of | ||||||
6 | the Criminal
Code of 1961 against the defendant. The court | ||||||
7 | shall order that the cost of any
such test shall be paid by the | ||||||
8 | county and may be taxed as costs against the
convicted | ||||||
9 | defendant.
| ||||||
10 | (i) All fines and penalties imposed under this Section for | ||||||
11 | any violation
of Chapters 3, 4, 6, and 11 of the Illinois | ||||||
12 | Vehicle Code, or a similar
provision of a local ordinance, and | ||||||
13 | any violation
of the Child Passenger Protection Act, or a | ||||||
14 | similar provision of a local
ordinance, shall be collected and | ||||||
15 | disbursed by the circuit
clerk as provided under Section 27.5 | ||||||
16 | of the Clerks of Courts Act.
| ||||||
17 | (j) In cases when prosecution for any violation of Section | ||||||
18 | 11-6, 11-8,
11-9, 11-11, 11-14, 11-15, 11-15.1, 11-16, 11-17, | ||||||
19 | 11-17.1, 11-18, 11-18.1,
11-19, 11-19.1, 11-19.2, 11-20.1, | ||||||
20 | 11-21, 12-13, 12-14, 12-14.1, 12-15, or
12-16 of the
Criminal | ||||||
21 | Code of 1961, any violation of the Illinois Controlled | ||||||
22 | Substances Act,
any violation of the Cannabis Control Act, or | ||||||
23 | any violation of the Methamphetamine Control and Community | ||||||
24 | Protection Act results in conviction, a
disposition of court | ||||||
25 | supervision, or an order of probation granted under
Section 10 | ||||||
26 | of the Cannabis Control Act, Section 410 of the Illinois
|
| |||||||
| |||||||
1 | Controlled Substance Act, or Section 70 of the Methamphetamine | ||||||
2 | Control and Community Protection Act of a defendant, the court | ||||||
3 | shall determine whether the
defendant is employed by a facility | ||||||
4 | or center as defined under the Child Care
Act of 1969, a public | ||||||
5 | or private elementary or secondary school, or otherwise
works | ||||||
6 | with children under 18 years of age on a daily basis. When a | ||||||
7 | defendant
is so employed, the court shall order the Clerk of | ||||||
8 | the Court to send a copy of
the judgment of conviction or order | ||||||
9 | of supervision or probation to the
defendant's employer by | ||||||
10 | certified mail.
If the employer of the defendant is a school, | ||||||
11 | the Clerk of the Court shall
direct the mailing of a copy of | ||||||
12 | the judgment of conviction or order of
supervision or probation | ||||||
13 | to the appropriate regional superintendent of schools.
The | ||||||
14 | regional superintendent of schools shall notify the State Board | ||||||
15 | of
Education of any notification under this subsection.
| ||||||
16 | (j-5) A defendant at least 17 years of age who is convicted | ||||||
17 | of a felony and
who has not been previously convicted of a | ||||||
18 | misdemeanor or felony and who is
sentenced to a term of | ||||||
19 | imprisonment in the Illinois Department of Corrections
shall as | ||||||
20 | a condition of his or her sentence be required by the court to | ||||||
21 | attend
educational courses designed to prepare the defendant | ||||||
22 | for a high school diploma
and to work toward a high school | ||||||
23 | diploma or to work toward passing the high
school level Test of | ||||||
24 | General Educational Development (GED) or to work toward
| ||||||
25 | completing a vocational training program offered by the | ||||||
26 | Department of
Corrections. If a defendant fails to complete the |
| |||||||
| |||||||
1 | educational training
required by his or her sentence during the | ||||||
2 | term of incarceration, the Prisoner
Review Board shall, as a | ||||||
3 | condition of mandatory supervised release, require the
| ||||||
4 | defendant, at his or her own expense, to pursue a course of | ||||||
5 | study toward a high
school diploma or passage of the GED test. | ||||||
6 | The Prisoner Review Board shall
revoke the mandatory supervised | ||||||
7 | release of a defendant who wilfully fails to
comply with this | ||||||
8 | subsection (j-5) upon his or her release from confinement in a
| ||||||
9 | penal institution while serving a mandatory supervised release | ||||||
10 | term; however,
the inability of the defendant after making a | ||||||
11 | good faith effort to obtain
financial aid or pay for the | ||||||
12 | educational training shall not be deemed a wilful
failure to | ||||||
13 | comply. The Prisoner Review Board shall recommit the defendant
| ||||||
14 | whose mandatory supervised release term has been revoked under | ||||||
15 | this subsection
(j-5) as provided in Section 3-3-9. This | ||||||
16 | subsection (j-5) does not apply to a
defendant who has a high | ||||||
17 | school diploma or has successfully passed the GED
test. This | ||||||
18 | subsection (j-5) does not apply to a defendant who is | ||||||
19 | determined by
the court to be developmentally disabled or | ||||||
20 | otherwise mentally incapable of
completing the educational or | ||||||
21 | vocational program.
| ||||||
22 | (k) A court may not impose a sentence or disposition for a
| ||||||
23 | felony or misdemeanor that requires the defendant to be | ||||||
24 | implanted or injected
with or to use any form of birth control.
| ||||||
25 | (l) (A) Except as provided
in paragraph (C) of subsection | ||||||
26 | (l), whenever a defendant,
who is an alien as defined by |
| |||||||
| |||||||
1 | the Immigration and Nationality Act, is convicted
of any | ||||||
2 | felony or misdemeanor offense, the court after sentencing | ||||||
3 | the defendant
may, upon motion of the State's Attorney, | ||||||
4 | hold sentence in abeyance and remand
the defendant to the | ||||||
5 | custody of the Attorney General of
the United States or his | ||||||
6 | or her designated agent to be deported when:
| ||||||
7 | (1) a final order of deportation has been issued | ||||||
8 | against the defendant
pursuant to proceedings under | ||||||
9 | the Immigration and Nationality Act, and
| ||||||
10 | (2) the deportation of the defendant would not | ||||||
11 | deprecate the seriousness
of the defendant's conduct | ||||||
12 | and would not be inconsistent with the ends of
justice.
| ||||||
13 | Otherwise, the defendant shall be sentenced as | ||||||
14 | provided in this Chapter V.
| ||||||
15 | (B) If the defendant has already been sentenced for a | ||||||
16 | felony or
misdemeanor
offense, or has been placed on | ||||||
17 | probation under Section 10 of the Cannabis
Control Act,
| ||||||
18 | Section 410 of the Illinois Controlled Substances Act, or | ||||||
19 | Section 70 of the Methamphetamine Control and Community | ||||||
20 | Protection Act, the court
may, upon motion of the State's | ||||||
21 | Attorney to suspend the
sentence imposed, commit the | ||||||
22 | defendant to the custody of the Attorney General
of the | ||||||
23 | United States or his or her designated agent when:
| ||||||
24 | (1) a final order of deportation has been issued | ||||||
25 | against the defendant
pursuant to proceedings under | ||||||
26 | the Immigration and Nationality Act, and
|
| |||||||
| |||||||
1 | (2) the deportation of the defendant would not | ||||||
2 | deprecate the seriousness
of the defendant's conduct | ||||||
3 | and would not be inconsistent with the ends of
justice.
| ||||||
4 | (C) This subsection (l) does not apply to offenders who | ||||||
5 | are subject to the
provisions of paragraph (2) of | ||||||
6 | subsection (a) of Section 3-6-3.
| ||||||
7 | (D) Upon motion of the State's Attorney, if a defendant | ||||||
8 | sentenced under
this Section returns to the jurisdiction of | ||||||
9 | the United States, the defendant
shall be recommitted to | ||||||
10 | the custody of the county from which he or she was
| ||||||
11 | sentenced.
Thereafter, the defendant shall be brought | ||||||
12 | before the sentencing court, which
may impose any sentence | ||||||
13 | that was available under Section 5-5-3 at the time of
| ||||||
14 | initial sentencing. In addition, the defendant shall not be | ||||||
15 | eligible for
additional good conduct credit for | ||||||
16 | meritorious service as provided under
Section 3-6-6.
| ||||||
17 | (m) A person convicted of criminal defacement of property | ||||||
18 | under Section
21-1.3 of the Criminal Code of 1961, in which the | ||||||
19 | property damage exceeds $300
and the property damaged is a | ||||||
20 | school building, shall be ordered to perform
community service | ||||||
21 | that may include cleanup, removal, or painting over the
| ||||||
22 | defacement.
| ||||||
23 | (n) The court may sentence a person convicted of a | ||||||
24 | violation of Section
12-19, 12-21, or 16-1.3 of the Criminal | ||||||
25 | Code of 1961 (i) to an impact
incarceration program if the | ||||||
26 | person is otherwise eligible for that program
under Section |
| |||||||
| |||||||
1 | 5-8-1.1, (ii) to community service, or (iii) if the person is | ||||||
2 | an
addict or alcoholic, as defined in the Alcoholism and Other | ||||||
3 | Drug Abuse and
Dependency Act, to a substance or alcohol abuse | ||||||
4 | program licensed under that
Act. | ||||||
5 | (o) Whenever a person is convicted of a sex offense as | ||||||
6 | defined in Section 2 of the Sex Offender Registration Act, the | ||||||
7 | defendant's driver's license or permit shall be subject to | ||||||
8 | renewal on an annual basis in accordance with the provisions of | ||||||
9 | license renewal established by the Secretary of State.
| ||||||
10 | (Source: P.A. 94-72, eff. 1-1-06; 94-556, eff. 9-11-05; 94-993, | ||||||
11 | eff. 1-1-07; 94-1035, eff. 7-1-07; 95-188, eff. 8-16-07; | ||||||
12 | 95-259, eff. 8-17-07; 95-331, eff. 8-21-07; 95-377, eff. | ||||||
13 | 1-1-08; 95-579, eff. 6-1-08; revised 11-19-07.)
|