093_HB1236

 
                                     LRB093 04015 DRH 04054 b

 1        AN ACT in relation to vehicles.

 2        Be  it  enacted  by  the People of the State of Illinois,
 3    represented in the General Assembly:

 4        Section 5.  The Snowmobile Registration and Safety Act is
 5    amended by changing Sections 2-2, 5-7. 5-7.1,  5-7.2,  5-7.3,
 6    5-7.4, and 5-7.5 and adding Section 5-7.6 as follows:

 7        (625 ILCS 40/2-2) (from Ch. 95 1/2, par. 602-2)
 8        Sec. 2-2.  Inspection.
 9        (a)  Agents  of  the  Department or other duly authorized
10    police officers may stop and inspect any  snowmobile  at  any
11    time for the purpose of determining if the provisions of this
12    Act  are  being  complied  with. If the inspecting officer or
13    agent discovers any violation of the provisions of this  Act,
14    he  must  issue  a summons to the operator of such snowmobile
15    requiring that the operator appear before the  circuit  court
16    for the county within which the offense was committed.
17        (b)  Every  snowmobile  subject to this Act, if under way
18    and  upon  being  hailed  by  a  designated  law  enforcement
19    officer, must stop immediately.
20        (c)  Agents of the Department and other  duly  authorized
21    police  officers  may  seize  and  impound,  at  the  owner's
22    expense,   any  snowmobile  involved  in  an  accident  or  a
23    violation of subsection B of Section 5-1 or of Section 5-7 of
24    this Act.
25    (Source: P.A. 77-1312.)

26        (625 ILCS 40/5-7)
27        Sec.  5-7.  Operating  a  snowmobile  while   under   the
28    influence  of  alcohol  or  other drug or drugs, intoxicating
29    compound or compounds, or a  combination  of  them;  criminal
30    penalties; suspension of operating privileges.
 
                            -2-      LRB093 04015 DRH 04054 b
 1        (a)  A  person  may  not operate or be in actual physical
 2    control of a snowmobile within this State while:
 3             1.  The alcohol concentration in that person's blood
 4        or breath is a concentration at  which  driving  a  motor
 5        vehicle is prohibited under subdivision (1) of subsection
 6        (a) of Section 11-501 of the Illinois Vehicle Code;
 7             2.  The person is under the influence of alcohol;
 8             3.  The  person  is under the influence of any other
 9        drug or combination of drugs to  a  degree  that  renders
10        that person incapable of safely operating a snowmobile;
11             3.1.  The  person  is  under  the  influence  of any
12        intoxicating  compound  or  combination  of  intoxicating
13        compounds to a degree that renders the  person  incapable
14        of safely operating a snowmobile;
15             4.  The  person  is  under the combined influence of
16        alcohol and any  other  drug  or  drugs  or  intoxicating
17        compound  or  compounds  to  a  degree  that renders that
18        person incapable of safely operating a snowmobile; or
19             5.  There is any amount of  a  drug,  substance,  or
20        compound   in  that  person's  breath,  blood,  or  urine
21        resulting  from  the  unlawful  use  or  consumption   of
22        cannabis   listed   in   the  Cannabis  Control  Act,  or
23        controlled substance listed in  the  Illinois  Controlled
24        Substances  Act,  or  intoxicating compound listed in the
25        use of Intoxicating Compounds Act.
26        (b)  The fact that a person charged with  violating  this
27    Section  is  or  has been legally entitled to use alcohol, or
28    other drug or drugs, any intoxicating compound or  compounds,
29    or  any  combination  of  them  does not constitute a defense
30    against a charge of violating this Section.
31        (c)  Every person convicted of violating this Section  or
32    a similar provision of a local ordinance is guilty of a Class
33    A misdemeanor, except as otherwise provided in this Section.
34        (d)  Every  person convicted of violating this Section is
 
                            -3-      LRB093 04015 DRH 04054 b
 1    guilty of a Class 4 felony if:
 2             1.  The person has a previous conviction under  this
 3        Section; or
 4             2.  The  offense  results in personal injury where a
 5        person other than the operator suffers great bodily  harm
 6        or   permanent  disability  or  disfigurement,  when  the
 7        violation was a proximate cause of the injuries. A person
 8        guilty of a Class 4 felony under  this  paragraph  2,  if
 9        sentenced  to  a term of imprisonment, shall be sentenced
10        to not less than one year nor more than 12 years; or
11             3.  The offense occurred during a  period  in  which
12        the  person's  privileges  to  operate  a  snowmobile are
13        revoked or suspended, and the  revocation  or  suspension
14        was  for a violation of this Section or was imposed under
15        Section 5-7.1.
16        (e)  Every person convicted of violating this Section  is
17    guilty  of  a  Class  2  felony if the offense results in the
18    death of a person. A person guilty of a Class 2 felony  under
19    this  subsection (e), if sentenced to a term of imprisonment,
20    shall be sentenced to a term of not less than 3 years and not
21    more than 14 years.
22        (e-1)  Every person convicted of violating  this  Section
23    or  a  similar provision of a local ordinance who had a child
24    under the age of 16 on board the snowmobile at  the  time  of
25    offense  shall be subject to a mandatory minimum fine of $500
26    and shall be subject to a mandatory  minimum  of  5  days  of
27    community  service  in  a  program  benefiting  children. The
28    assignment under this subsection  shall  not  be  subject  to
29    suspension  nor shall the person be eligible for probation in
30    order to reduce the assignment.
31        (e-2)  Every  person  found  guilty  of  violating   this
32    Section,  whose  operation of a snowmobile while in violation
33    of this Section proximately caused any incident resulting  in
34    an  appropriate  emergency  response, shall be liable for the
 
                            -4-      LRB093 04015 DRH 04054 b
 1    expense of an emergency response as  provided  under  Section
 2    5-5-3 of the Unified Code of Corrections.
 3        (e-3)  In   addition   to   any   other   penalties   and
 4    liabilities,  a  person who is found guilty of violating this
 5    Section, including any person placed  on  court  supervision,
 6    shall  be fined $100, payable to the circuit clerk, who shall
 7    distribute the money to the law enforcement agency that  made
 8    the  arrest.  In  the  event  that  more  than  one agency is
 9    responsible for the arrest, the $100 shall be shared equally.
10    Any moneys received by a law enforcement  agency  under  this
11    subsection  (e-3)  shall  be used to purchase law enforcement
12    equipment or to provide law enforcement  training  that  will
13    assist in the prevention of alcohol related criminal violence
14    throughout   the   State.  Law  enforcement  equipment  shall
15    include, but is not limited to, in-car video  cameras,  radar
16    and   laser  speed  detection  devices,  and  alcohol  breath
17    testers.
18        (f)  In addition to any criminal penalties  imposed,  the
19    Department  of  Natural  Resources Conservation shall suspend
20    the snowmobile operation privileges of a person convicted  or
21    found guilty of a misdemeanor under this Section for a period
22    of  one  year,  except  that  first-time  offenders receiving
23    supervision  are  exempt  from  this   mandatory   one   year
24    suspension.
25        (g)  In  addition  to any criminal penalties imposed, the
26    Department of Natural Resources shall suspend for a period of
27    5 years the snowmobile operation  privileges  of  any  person
28    convicted  or  found guilty of a felony under this Section or
29    for a period of 5 years if  the  person  is  convicted  of  a
30    felony under this Section.
31    (Source: P.A. 92-615, eff. 1-1-03.)

32        (625 ILCS 40/5-7.1)
33        Sec. 5-7.1.  Implied consent.
 
                            -5-      LRB093 04015 DRH 04054 b
 1        (a)  A  person  who  operates  or  is  in actual physical
 2    control of a snowmobile in this State is deemed to have given
 3    consent to a chemical test or  tests  of  blood,  breath,  or
 4    urine  for the purpose of determining the content of alcohol,
 5    or other drug or drugs, intoxicating compound  or  compounds,
 6    or a combination of them in content of that person's blood if
 7    arrested  for  a violation of Section 5-7.  The chemical test
 8    or tests shall  be  administered  at  the  direction  of  the
 9    arresting  officer.  The law enforcement agency employing the
10    officer shall designate which tests shall be administered.  A
11    urine test may be administered even after a blood  or  breath
12    test or both has been administered.
13        (a-1)  For  the purposes of this Section, an Illinois law
14    enforcement officer of this State who  is  investigating  the
15    person for any offense defined in Section 5-7 may travel into
16    an adjoining state, where the person has been transported for
17    medical care to complete an investigation and to request that
18    the  person  submit  to  the  test or tests set forth in this
19    Section. The requirements of this Section that the person  be
20    arrested  are  inapplicable,  but the officer shall issue the
21    person a uniform  citation  for  an  offense  as  defined  in
22    Section 5-7 or a similar provision of a local ordinance prior
23    to  requesting  that  the person submit to the test or tests.
24    The issuance of the uniform citation shall not constitute  an
25    arrest,  but shall be for the purpose of notifying the person
26    that he or she is subject to the provisions of  this  Section
27    and  of  the  officer's  belief  of the existence of probable
28    cause to arrest. Upon returning to this  State,  the  officer
29    shall file the uniform citation with the circuit clerk of the
30    county  where  the  offense  was committed and shall seek the
31    issuance of an arrest warrant or a summons for the person.
32        (a-2)  Notwithstanding any ability to refuse  under  this
33    Act  to  submit  to  these tests or any ability to revoke the
34    implied consent to these tests, if a law enforcement  officer
 
                            -6-      LRB093 04015 DRH 04054 b
 1    has  probable  cause to believe that a snowmobile operated by
 2    or under actual  physical  control  of  a  person  under  the
 3    influence  of  alcohol,  other  drug  or  drugs, intoxicating
 4    compound or compounds, or any combination of them has  caused
 5    the  death  or  personal injury to another, that person shall
 6    submit, upon the request of a law enforcement officer,  to  a
 7    chemical  test or tests of his or her blood, breath, or urine
 8    for the purpose of determining the  alcohol  content  or  the
 9    presence  of  any  other drug or combination of both. For the
10    purposes of this Section, a personal injury  includes  severe
11    bleeding  wounds,  distorted  extremities,  and injuries that
12    require the injured party to be carried from  the  scene  for
13    immediate  professional attention in either a doctor's office
14    or a medical facility.
15        (b)  A  person  who  is  dead,  unconscious,  or  who  is
16    otherwise in a condition rendering that person  incapable  of
17    refusal, is deemed not to have withdrawn the consent provided
18    in subsection (a), and the test or tests may be administered.
19        (c)  A  person  requested to submit to a test as provided
20    in  this  Section  shall  be  verbally  advised  by  the  law
21    enforcement officer requesting the test  that  a  refusal  to
22    submit to the test will result in suspension of that person's
23    privilege to operate a snowmobile for a minimum of 2 years.
24        (d)  Following  this  warning,  if  a person under arrest
25    refuses upon the request of  a  law  enforcement  officer  to
26    submit to a test designated by the officer, no tests test may
27    be given, but the law enforcement officer shall file with the
28    clerk of the circuit court for the county in which the arrest
29    was  made,  and  with  the Department of Natural Resources, a
30    sworn statement  naming  the  person  refusing  to  take  and
31    complete  the  chemical  test  or  tests  requested under the
32    provisions  of  this  Section.   The  sworn  statement  shall
33    identify the arrested person, the person's current  residence
34    address  and  shall  specify that a refusal by that person to
 
                            -7-      LRB093 04015 DRH 04054 b
 1    take the chemical test or tests was made. The sworn statement
 2    shall include a statement that  the  officer  had  reasonable
 3    cause  to  believe  the person was operating or was in actual
 4    physical control of the snowmobile within  this  State  while
 5    under  the  influence  of alcohol, or other drug or drugs, an
 6    intoxicating compound or compound, or a combination  of  them
 7    and  that  a  chemical  test  or  tests  were requested as an
 8    incident to and following the lawful arrest for an offense as
 9    defined in Section 5-7 or a  similar  provision  of  a  local
10    ordinance,  and  that the person, after being arrested for an
11    offense arising out of acts alleged to  have  been  committed
12    while  operating  a  snowmobile,  refused  to  submit  to and
13    complete a chemical test or tests as  requested  by  the  law
14    enforcement officer.
15        (e)  The  law  enforcement  officer  submitting the sworn
16    statement shall  serve  immediate  written  notice  upon  the
17    person  refusing the chemical test or tests that the person's
18    privilege to operate a snowmobile within this State  will  be
19    suspended for a period of 2 years unless, within 28 days from
20    the  date  of  the  notice,  the person requests in writing a
21    hearing on the suspension. The clerk shall notify the  person
22    in   writing   that  the  person's  privilege  to  operate  a
23    snowmobile will be suspended for a minimum of 2 years unless,
24    within 28 days from the date of mailing of the  notice,  that
25    person requests a hearing in writing.
26        If  the person desires a hearing, the person shall file a
27    complaint in the circuit  court  in  the  county  where  that
28    person  was  arrested within 28 days from the date of mailing
29    of the notice.  The hearing shall proceed in the court in the
30    same manner as other civil proceedings.   The  hearing  shall
31    cover  only the following issues:  (1) whether the person was
32    placed under arrest for an offense as defined in Section  5-7
33    or  a  similar provision of a local ordinance as evidenced by
34    the  issuance  of  a  uniform  citation;   (2)  whether   the
 
                            -8-      LRB093 04015 DRH 04054 b
 1    arresting  officer had reasonable grounds to believe that the
 2    person was operating a snowmobile while under  the  influence
 3    of  alcohol, or other drug or drugs, an intoxicating compound
 4    or compounds, or a combination of them; and (3) whether  that
 5    person refused to submit to and complete the chemical test or
 6    tests  upon  the  request  of  the  law  enforcement officer.
 7    Whether the person was informed that the  person's  privilege
 8    to  operate  a  snowmobile  would be suspended if that person
 9    refused to submit to the chemical test or tests may not be an
10    issue in the hearing.
11        If the person fails  to  request  a  hearing  in  writing
12    within  28 days of the date of the notice, or if a hearing is
13    held and the court finds against the  person  on  the  issues
14    before  the  court,  the  clerk  shall immediately notify the
15    Department of Natural Resources Conservation of  the  court's
16    decision,  and  the  Department  shall suspend the snowmobile
17    operation privileges of that person for at least 2 years.
18        (f)  (Blank) If the person fails to request a hearing  in
19    writing  within 28 days of the date of mailing of the notice,
20    the  clerk  shall  immediately  notify  the   Department   of
21    Conservation  that  no  request  for  a  hearing was received
22    within the statutory time period, and  the  Department  shall
23    suspend  the  snowmobile  operation privileges of that person
24    for at least 2 years.
25        (f-1)  If the person submits to a test that discloses  an
26    alcohol  concentration  of  0.08  or more, or any amount of a
27    drug, substance, or intoxicating  compound  in  the  person's
28    breath,  blood,  or  urine resulting from the unlawful use of
29    cannabis listed in the Cannabis  Control  Act,  a  controlled
30    substance  listed  in the Illinois Controlled Substances Act,
31    or an intoxicating compound listed in the Use of Intoxicating
32    Compounds Act, the law enforcement officer shall  immediately
33    submit  a  sworn report to the circuit clerk of venue and the
34    Department of Natural Resources, certifying that the test  or
 
                            -9-      LRB093 04015 DRH 04054 b
 1    tests  was  or  were requested under subsection (a-1) of this
 2    Section and the person submitted to testing that disclosed an
 3    alcohol concentration of 0.08 or more.
 4        In cases where the blood alcohol concentration of 0.08 or
 5    greater  or  any  amount  of  drug,  substance,  or  compound
 6    resulting from the unlawful use  of  cannabis,  a  controlled
 7    substance,  or  an  intoxicating compound is established by a
 8    subsequent analysis of blood or urine collected at  the  time
 9    of  arrest,  the  arresting officer or arresting agency shall
10    immediately submit a sworn report to  the  circuit  clerk  of
11    venue and the Department of Natural Resources upon receipt of
12    the test results.
13        (g)  A  person  must submit to each chemical test offered
14    by the law  enforcement  officer  in  order  to  comply  with
15    implied consent provisions of this Section.
16        (h)  The  provision  of  Section 11-501.2 of the Illinois
17    Vehicle Code concerning the certification and use of chemical
18    tests applies to the use of those tests under this Section.
19    (Source: P.A. 89-55, eff. 1-1-96.)

20        (625 ILCS 40/5-7.2)
21        Sec. 5-7.2.  Chemical and other tests.
22        (a)  Upon the trial of a  civil  or  criminal  action  or
23    proceeding arising out of acts alleged to have been committed
24    while  under  the  influence of alcohol, the concentration of
25    alcohol in the person's blood or breath at the  time  alleged
26    as shown by analysis of the person's blood, urine, breath, or
27    other   bodily  substance  gives  rise  to  the  presumptions
28    specified in subdivisions 1, 2, and 3 of  subsection  (b)  of
29    Section 11-501.2 of the Illinois Vehicle Code.
30        (b)  The  provisions  of  subsection  (a)  shall  not  be
31    construed  as limiting the introduction of any other relevant
32    evidence bearing upon the question  whether  the  person  was
33    under the influence of alcohol.
 
                            -10-     LRB093 04015 DRH 04054 b
 1        (c)  If  a  person  under  arrest  refuses to submit to a
 2    chemical test under the provisions of Section 5-7.1, evidence
 3    of refusal is admissible in a civil  or  criminal  action  or
 4    proceeding arising out of acts alleged to have been committed
 5    while  the  person  under  the influence of alcohol, or other
 6    drug or drugs, an intoxicating compound or  compounds,  or  a
 7    combination of them was operating a snowmobile.
 8    (Source: P.A. 89-55, eff. 1-1-96; 90-215, eff. 1-1-98.)

 9        (625 ILCS 40/5-7.3)
10        Sec.  5-7.3.   Supervision  of  operator; notification; 6
11    hour operating limitation.
12        (a)  The  owner  of  a   snowmobile   or   person   given
13    supervisory  authority  over  a snowmobile, may not knowingly
14    permit a snowmobile to be operated  by  a  person  under  the
15    influence  of  alcohol,  other drug or drugs, an intoxicating
16    compound or compounds, or a combination of them.
17        (b)  Whenever a person is convicted or found guilty of  a
18    violation  of  Section  5-7,  including  any person placed on
19    court supervision, the court shall notify the Office  of  Law
20    Enforcement  of  the Department of Natural Resources with the
21    records essential for the  performance  of  the  Department's
22    duties  to  monitor  and  enforce  an  order of suspension or
23    revocation concerning the person's  privilege  to  operate  a
24    snowmobile.
25        (c)  A  person  who  has  been  arrested and charged with
26    violating Section 5-7 may not  operate  a  snowmobile  within
27    this  State  for  a  period of 24 6 hours after that person's
28    arrest.
29    (Source: P.A. 89-55, eff. 1-1-96.)

30        (625 ILCS 40/5-7.4)
31        Sec. 5-7.4.  Admissibility of  chemical  tests  of  blood
32    conducted  in  the  regular  course  of  providing  emergency
 
                            -11-     LRB093 04015 DRH 04054 b
 1    medical treatment alcohol tests.
 2        (a)  Notwithstanding  any  other  provision  of  law, the
 3    written results of blood  alcohol  tests  performed  for  the
 4    purpose  of determining the content of alcohol, other drug or
 5    drugs, intoxicating compound or compounds, or any combination
 6    of them in  an  individual's  blood  conducted  upon  persons
 7    receiving medical treatment in a hospital emergency room, are
 8    admissible  in evidence as a business record exception to the
 9    hearsay rule only in prosecutions for a violation of  Section
10    5-7  of  this Act or a similar provision of a local ordinance
11    or in prosecutions for reckless homicide  brought  under  the
12    Criminal Code of 1961.
13        The results of the tests are admissible only when each of
14    the following criteria are met:
15             1.  The    chemical    tests   performed   upon   an
16        individual's blood were ordered in the regular course  of
17        providing  emergency  treatment and not at the request of
18        law enforcement authorities; and The blood alcohol  tests
19        were  ordered  by  a  physician  on  duty at the hospital
20        emergency room and were performed in the  regular  course
21        of  providing  emergency  medical  treatment  in order to
22        assist the physician in diagnosis or treatment;
23             2.  The   chemical   tests   performed    upon    an
24        individual's  blood  were  performed  by  the  laboratory
25        routinely  used  by the hospital. The blood alcohol tests
26        were performed by the hospital's own laboratory; and
27             3.  (Blank) The written results of the blood alcohol
28        tests were received and considered by  the  physician  on
29        duty  at  the  hospital  emergency  room  to  assist that
30        physician in diagnosis or treatment.
31        Results of chemical tests performed upon an  individual's
32    blood  are  admissible  into  evidence regardless of the time
33    that the records were prepared.
34        (b)  The confidentiality provisions of law pertaining  to
 
                            -12-     LRB093 04015 DRH 04054 b
 1    medical records and medical treatment are not applicable with
 2    regard  to  chemical  blood  alcohol  tests  performed upon a
 3    person's blood or urine under the provisions of this  Section
 4    in  prosecutions  as  specified  in  subsection  (a)  of this
 5    Section.  No person shall be liable for civil  damages  as  a
 6    result  of  the  evidentiary  use  of the results of chemical
 7    testing of the individual's blood alcohol tests results under
 8    this Section or as a result of that person's  testimony  made
 9    available under this Section.
10    (Source: P.A. 89-55, eff. 1-1-96; 89-626, eff. 8-9-96.)

11        (625 ILCS 40/5-7.5)
12        Sec. 5-7.5.  Preliminary breath screening test.  If a law
13    enforcement  officer  has reasonable suspicion probable cause
14    to believe that a person is violating or has violated Section
15    5-7 or a similar provision of a local ordinance, the officer,
16    before an arrest, may request the person to provide a  sample
17    of  his or her breath for a preliminary breath screening test
18    using a portable device approved by the Department  of  State
19    Police.   The  results  of  this preliminary breath screening
20    test may be used by  the  law  enforcement  officer  for  the
21    purpose  of  assisting  with  the determination of whether to
22    require a chemical test, as authorized under  Sections  5-7.1
23    and  5-7.2  and the appropriate type of test to request.  Any
24    chemical test authorized under Sections 5-7.1 and  5-7.2  may
25    be  requested  by the officer regardless of the result of the
26    preliminary breath screening test if probable  cause  for  an
27    arrest  exists.  The result of a preliminary breath screening
28    test  may  be  used  by  the  defendant  as  evidence  in  an
29    administrative or court proceeding involving a  violation  of
30    Section 5-7 or 5-7.1.
31    (Source: P.A. 91-828, eff. 1-1-01.)

32        (625 ILCS 4/5-7.6 new)
 
                            -13-     LRB093 04015 DRH 04054 b
 1        Sec.  5-7.6.  Reporting of test results of blood or urine
 2    conducted  in  the  regular  course  of  providing  emergency
 3    medical treatment.
 4        (a)  Notwithstanding any  other  provision  of  law,  the
 5    results  of blood or urine tests performed for the purpose of
 6    determining the content of  alcohol,  other  drug  or  drugs,
 7    intoxicating  compound  or  compounds,  or any combination of
 8    them in  an  individual's  blood  or  urine,  conducted  upon
 9    persons  receiving  medical treatment in a hospital emergency
10    room for injuries resulting from a snowmobile accident, shall
11    be disclosed to the Department of Natural Resources, or local
12    law enforcement agencies of jurisdiction, upon  request.  The
13    blood or urine tests are admissible in evidence as a business
14    record exception to the hearsay rule only in prosecutions for
15    violations of Section 5-7 of this Code or a similar provision
16    of  a  local  ordinance,  or  in  prosecutions  for  reckless
17    homicide brought under the Criminal Code of 1961.
18        (b)  The confidentiality provisions of the law pertaining
19    to  medical  records  and  medical  treatment  shall  not  be
20    applicable   with   regard   to   tests   performed  upon  an
21    individual's  blood  or  urine  under   the   provisions   of
22    subsection (a) of this Section. No person shall be liable for
23    civil  damages  or  professional  discipline  as  a result of
24    disclosure or reporting of the tests or the  evidentiary  use
25    of  an  individual's  blood  or urine test results under this
26    Section or Section 5-7.4 or as  a  result  of  that  person's
27    testimony made available under this Section or Section 5-7.4,
28    except for willful or wanton misconduct.

29        Section  10.   The Unified Code of Corrections is amended
30    by changing Section 5-5-3 as follows:

31        (730 ILCS 5/5-5-3) (from Ch. 38, par. 1005-5-3)
32        Sec. 5-5-3.  Disposition.
 
                            -14-     LRB093 04015 DRH 04054 b
 1        (a)  Every  person  convicted  of  an  offense  shall  be
 2    sentenced as provided in this Section.
 3        (b)  The   following   options   shall   be   appropriate
 4    dispositions, alone or in combination, for all  felonies  and
 5    misdemeanors other than those identified in subsection (c) of
 6    this Section:
 7             (1)  A period of probation.
 8             (2)  A term of periodic imprisonment.
 9             (3)  A term of conditional discharge.
10             (4)  A term of imprisonment.
11             (5)  An order directing the offender to clean up and
12        repair  the  damage,  if the offender was convicted under
13        paragraph (h) of Section 21-1 of  the  Criminal  Code  of
14        1961.
15             (6)  A fine.
16             (7)  An   order   directing  the  offender  to  make
17        restitution to the victim under  Section  5-5-6  of  this
18        Code.
19             (8)  A  sentence of participation in a county impact
20        incarceration program under Section 5-8-1.2 of this Code.
21        Whenever an individual is sentenced for an offense  based
22    upon  an  arrest  for  a  violation  of Section 11-501 of the
23    Illinois Vehicle Code, or a  similar  provision  of  a  local
24    ordinance,   and   the   professional  evaluation  recommends
25    remedial or rehabilitative treatment  or  education,  neither
26    the treatment nor the education shall be the sole disposition
27    and  either  or  both may be imposed only in conjunction with
28    another disposition. The court shall monitor compliance  with
29    any remedial education or treatment recommendations contained
30    in  the professional evaluation.  Programs conducting alcohol
31    or other  drug  evaluation  or  remedial  education  must  be
32    licensed  by  the  Department of Human Services.  However, if
33    the individual is not a resident of Illinois, the  court  may
34    accept  an  alcohol  or  other  drug  evaluation  or remedial
 
                            -15-     LRB093 04015 DRH 04054 b
 1    education  program  in  the  state   of   such   individual's
 2    residence.   Programs  providing  treatment  must be licensed
 3    under  existing  applicable  alcoholism  and  drug  treatment
 4    licensure standards.
 5        In addition to any other fine or penalty required by law,
 6    any individual convicted of a violation of Section 11-501  of
 7    the  Illinois  Vehicle  Code,  Section  5-7 of the Snowmobile
 8    Registration and Safety Act, or a similar provision of  local
 9    ordinance,  whose  operation of a motor vehicle or snowmobile
10    while in violation of Section 11-501, Section  5-7,  or  such
11    ordinance  proximately  caused  an  incident  resulting in an
12    appropriate emergency response, shall  be  required  to  make
13    restitution  to  a  public  agency  for  the  costs  of  that
14    emergency  response.   Such restitution shall not exceed $500
15    per public agency for each such emergency response.  For  the
16    purpose  of this paragraph, emergency response shall mean any
17    incident requiring a response by: a police officer as defined
18    under Section 1-162 of the Illinois Vehicle Code;  a  fireman
19    carried   on  the  rolls  of  a  regularly  constituted  fire
20    department; and an ambulance as defined under Section 4.05 of
21    the Emergency Medical Services (EMS) Systems Act.
22        Neither  a  fine  nor  restitution  shall  be  the   sole
23    disposition  for  a  felony and either or both may be imposed
24    only in conjunction with another disposition.
25        (c) (1)  When a defendant is found guilty of first degree
26        murder  the  State  may  either  seek   a   sentence   of
27        imprisonment  under  Section 5-8-1 of this Code, or where
28        appropriate seek a sentence of death under Section 9-1 of
29        the Criminal Code of 1961.
30             (2)  A period  of  probation,  a  term  of  periodic
31        imprisonment   or  conditional  discharge  shall  not  be
32        imposed for  the  following  offenses.  The  court  shall
33        sentence  the  offender to not less than the minimum term
34        of imprisonment set forth in this Code for the  following
 
                            -16-     LRB093 04015 DRH 04054 b
 1        offenses,  and may order a fine or restitution or both in
 2        conjunction with such term of imprisonment:
 3                  (A)  First  degree  murder  where   the   death
 4             penalty is not imposed.
 5                  (B)  Attempted first degree murder.
 6                  (C)  A Class X felony.
 7                  (D)  A violation of Section 401.1 or 407 of the
 8             Illinois  Controlled  Substances Act, or a violation
 9             of subdivision (c)(1) or (c)(2) of  Section  401  of
10             that  Act  which  relates  to more than 5 grams of a
11             substance containing heroin or cocaine or an  analog
12             thereof.
13                  (E)  A  violation  of  Section  5.1 or 9 of the
14             Cannabis Control Act.
15                  (F)  A  Class  2  or  greater  felony  if   the
16             offender  had been convicted of a Class 2 or greater
17             felony within 10 years of  the  date  on  which  the
18             offender  committed  the offense for which he or she
19             is being sentenced, except as otherwise provided  in
20             Section 40-10 of the Alcoholism and Other Drug Abuse
21             and Dependency Act.
22                  (G)  Residential  burglary, except as otherwise
23             provided in Section  40-10  of  the  Alcoholism  and
24             Other Drug Abuse and Dependency Act.
25                  (H)  Criminal   sexual   assault,   except   as
26             otherwise   provided   in  subsection  (e)  of  this
27             Section.
28                  (I)  Aggravated battery of a senior citizen.
29                  (J)  A  forcible  felony  if  the  offense  was
30             related to the activities of an organized gang.
31                  Before July 1, 1994, for the purposes  of  this
32             paragraph,  "organized gang" means an association of
33             5 or more persons, with  an  established  hierarchy,
34             that   encourages  members  of  the  association  to
 
                            -17-     LRB093 04015 DRH 04054 b
 1             perpetrate crimes or provides support to the members
 2             of the association who do commit crimes.
 3                  Beginning July 1, 1994,  for  the  purposes  of
 4             this  paragraph,  "organized  gang"  has the meaning
 5             ascribed  to  it  in  Section  10  of  the  Illinois
 6             Streetgang Terrorism Omnibus Prevention Act.
 7                  (K)  Vehicular hijacking.
 8                  (L)  A second or subsequent conviction for  the
 9             offense  of  hate  crime when the underlying offense
10             upon  which  the  hate  crime  is  based  is  felony
11             aggravated assault or felony mob action.
12                  (M)  A second or subsequent conviction for  the
13             offense  of institutional vandalism if the damage to
14             the property exceeds $300.
15                  (N)  A Class 3 felony  violation  of  paragraph
16             (1)  of  subsection  (a) of Section 2 of the Firearm
17             Owners Identification Card Act.
18                  (O)  A  violation  of  Section  12-6.1  of  the
19             Criminal Code of 1961.
20                  (P)  A violation of paragraph  (1),  (2),  (3),
21             (4),  (5),  or  (7)  of  subsection  (a)  of Section
22             11-20.1 of the Criminal Code of 1961.
23                  (Q)  A  violation  of  Section  20-1.2  of  the
24             Criminal Code of 1961.
25                  (R)  A  violation  of  Section  24-3A  of   the
26             Criminal Code of 1961.
27                  (S)  A  violation  of Section 11-501(c-1)(3) of
28             the Illinois Vehicle Code.
29             (3)  A minimum term of imprisonment of not less than
30        5 days  or  30  days  of  community  service  as  may  be
31        determined  by  the  court  shall be imposed for a second
32        violation  committed  within  5  years  of   a   previous
33        violation  of Section 11-501 of the Illinois Vehicle Code
34        or a similar provision of a local ordinance. In the  case
 
                            -18-     LRB093 04015 DRH 04054 b
 1        of  a  third  or  subsequent violation committed within 5
 2        years of a previous violation of Section  11-501  of  the
 3        Illinois  Vehicle  Code or a similar provision of a local
 4        ordinance,  a  minimum  term  of  either   10   days   of
 5        imprisonment  or  60  days  of community service shall be
 6        imposed.
 7             (4)  A minimum term of imprisonment of not less than
 8        10 consecutive days or 30 days of community service shall
 9        be imposed for a violation of paragraph  (c)  of  Section
10        6-303 of the Illinois Vehicle Code.
11             (4.1)  A  minimum  term  of  30  consecutive days of
12        imprisonment, 40 days of 24 hour periodic imprisonment or
13        720 hours of community service, as may be  determined  by
14        the  court,  shall  be imposed for a violation of Section
15        11-501 of the Illinois Vehicle Code during  a  period  in
16        which  the  defendant's driving privileges are revoked or
17        suspended, where the revocation or suspension was  for  a
18        violation  of  Section 11-501 or Section 11-501.1 of that
19        Code.
20             (4.2)  Except as provided in paragraph (4.3) of this
21        subsection (c), a  minimum  of  100  hours  of  community
22        service  shall  be  imposed  for  a  second  violation of
23        Section 6-303 of the Illinois Vehicle Code.
24             (4.3)  A minimum term of imprisonment of 30 days  or
25        300  hours  of  community  service,  as determined by the
26        court,  shall  be  imposed  for  a  second  violation  of
27        subsection (c) of Section 6-303 of the  Illinois  Vehicle
28        Code.
29             (4.4)  Except  as  provided  in  paragraph (4.5) and
30        paragraph (4.6) of this subsection (c), a minimum term of
31        imprisonment  of  30  days  or  300  hours  of  community
32        service, as determined by the court, shall be imposed for
33        a third or subsequent violation of Section 6-303  of  the
34        Illinois Vehicle Code.
 
                            -19-     LRB093 04015 DRH 04054 b
 1             (4.5)  A  minimum  term  of  imprisonment of 30 days
 2        shall be imposed for a third violation of subsection  (c)
 3        of Section 6-303 of the Illinois Vehicle Code.
 4             (4.6)  A  minimum  term  of imprisonment of 180 days
 5        shall be imposed for a fourth or subsequent violation  of
 6        subsection  (c)  of Section 6-303 of the Illinois Vehicle
 7        Code.
 8             (5)  The court may sentence an offender convicted of
 9        a business offense or a petty offense or a corporation or
10        unincorporated association convicted of any offense to:
11                  (A)  a period of conditional discharge;
12                  (B)  a fine;
13                  (C)  make  restitution  to  the  victim   under
14             Section 5-5-6 of this Code.
15             (5.1)  In  addition  to  any penalties imposed under
16        paragraph (5) of  this  subsection  (c),  and  except  as
17        provided  in paragraph (5.2) or (5.3), a person convicted
18        of violating subsection (c)  of  Section  11-907  of  the
19        Illinois  Vehicle  Code  shall  have  his or her driver's
20        license, permit, or privileges suspended for at least  90
21        days  but  not  more  than  one  year,  if  the violation
22        resulted in damage to the property of another person.
23             (5.2)  In addition to any  penalties  imposed  under
24        paragraph  (5)  of  this  subsection  (c),  and except as
25        provided  in  paragraph  (5.3),  a  person  convicted  of
26        violating  subsection  (c)  of  Section  11-907  of   the
27        Illinois  Vehicle  Code  shall  have  his or her driver's
28        license, permit, or privileges suspended for at least 180
29        days but not more than 2 years, if the violation resulted
30        in injury to another person.
31             (5.3)  In addition to any  penalties  imposed  under
32        paragraph  (5) of this subsection (c), a person convicted
33        of violating subsection (c)  of  Section  11-907  of  the
34        Illinois  Vehicle  Code  shall  have  his or her driver's
 
                            -20-     LRB093 04015 DRH 04054 b
 1        license, permit, or privileges suspended for 2 years,  if
 2        the violation resulted in the death of another person.
 3             (6)  In  no case shall an offender be eligible for a
 4        disposition of probation or conditional discharge  for  a
 5        Class  1  felony committed while he was serving a term of
 6        probation or conditional discharge for a felony.
 7             (7)  When  a  defendant  is  adjudged   a   habitual
 8        criminal  under Article 33B of the Criminal Code of 1961,
 9        the court shall sentence  the  defendant  to  a  term  of
10        natural life imprisonment.
11             (8)  When  a defendant, over the age of 21 years, is
12        convicted of a Class 1 or Class 2  felony,  after  having
13        twice  been convicted in any state or federal court of an
14        offense that contains the same elements as an offense now
15        classified in Illinois as a  Class  2  or  greater  Class
16        felony  and such charges are separately brought and tried
17        and arise out of different series of acts, such defendant
18        shall be sentenced as a Class X offender. This  paragraph
19        shall not apply unless (1) the first felony was committed
20        after  the effective date of this amendatory Act of 1977;
21        and (2) the second felony was committed after  conviction
22        on  the  first;  and  (3)  the third felony was committed
23        after conviction on the second. A person sentenced  as  a
24        Class  X offender under this paragraph is not eligible to
25        apply for  treatment  as  a  condition  of  probation  as
26        provided  by  Section  40-10  of the Alcoholism and Other
27        Drug Abuse and Dependency Act.
28             (9)  A defendant convicted of a second or subsequent
29        offense of ritualized abuse of a child may  be  sentenced
30        to a term of natural life imprisonment.
31             (10)  When   a  person  is  convicted  of  violating
32        Section 11-501 of the Illinois Vehicle Code or a  similar
33        provision  of  a local ordinance, the following penalties
34        apply when his or her blood, breath, or urine was .16  or
 
                            -21-     LRB093 04015 DRH 04054 b
 1        more  based  on the definition of blood, breath, or urine
 2        units in Section 11-501.2 or that person is convicted  of
 3        violating  Section  11-501  of  the Illinois Vehicle Code
 4        while transporting a child under the age of 16:
 5                  (A)  For a first violation of subsection (a) of
 6             Section 11-501, in addition  to  any  other  penalty
 7             that  may be imposed under subsection (c) of Section
 8             11-501:  a  mandatory  minimum  of  100   hours   of
 9             community service and a minimum fine of $500.
10                  (B)  For  a  second violation of subsection (a)
11             of Section 11-501, in addition to any other  penalty
12             that  may be imposed under subsection (c) of Section
13             11-501 within 10 years: a  mandatory  minimum  of  2
14             days of imprisonment and a minimum fine of $1,250.
15                  (C)  For a third violation of subsection (a) of
16             Section  11-501,  in  addition  to any other penalty
17             that may be imposed under subsection (c) of  Section
18             11-501  within  20  years: a mandatory minimum of 90
19             days of imprisonment and a minimum fine of $2,500.
20                  (D)  For a fourth or  subsequent  violation  of
21             subsection  (a) of Section 11-501: ineligibility for
22             a sentence of probation or conditional discharge and
23             a minimum fine of $2,500.
24        (d)  In any case in which a sentence  originally  imposed
25    is  vacated,  the  case shall be remanded to the trial court.
26    The trial court shall hold a hearing under Section  5-4-1  of
27    the Unified Code of Corrections which may include evidence of
28    the  defendant's  life, moral character and occupation during
29    the time since the original sentence was passed.   The  trial
30    court  shall  then  impose  sentence upon the defendant.  The
31    trial court may impose any sentence  which  could  have  been
32    imposed at the original trial subject to Section 5-5-4 of the
33    Unified  Code  of  Corrections.  If  a sentence is vacated on
34    appeal or on collateral attack due  to  the  failure  of  the
 
                            -22-     LRB093 04015 DRH 04054 b
 1    trier of fact at trial to determine beyond a reasonable doubt
 2    the  existence  of  a  fact  (other  than a prior conviction)
 3    necessary to increase the punishment for the  offense  beyond
 4    the   statutory  maximum  otherwise  applicable,  either  the
 5    defendant may be re-sentenced to  a  term  within  the  range
 6    otherwise  provided  or,  if  the  State  files notice of its
 7    intention to again seek the extended sentence, the  defendant
 8    shall be afforded a new trial.
 9        (e)  In  cases  where  prosecution  for  criminal  sexual
10    assault  or  aggravated  criminal  sexual abuse under Section
11    12-13 or 12-16 of  the  Criminal  Code  of  1961  results  in
12    conviction  of  a  defendant  who  was a family member of the
13    victim at the time of the  commission  of  the  offense,  the
14    court shall consider the safety and welfare of the victim and
15    may impose a sentence of probation only where:
16             (1)  the   court  finds  (A)  or  (B)  or  both  are
17        appropriate:
18                  (A)  the defendant  is  willing  to  undergo  a
19             court  approved  counseling  program  for  a minimum
20             duration of 2 years; or
21                  (B)  the defendant is willing to participate in
22             a court approved plan including but not  limited  to
23             the defendant's:
24                       (i)  removal from the household;
25                       (ii)  restricted contact with the victim;
26                       (iii)  continued  financial support of the
27                  family;
28                       (iv)  restitution for  harm  done  to  the
29                  victim; and
30                       (v)  compliance  with  any  other measures
31                  that the court may deem appropriate; and
32             (2)  the court orders the defendant to pay  for  the
33        victim's  counseling  services,  to  the  extent that the
34        court finds, after considering the defendant's income and
 
                            -23-     LRB093 04015 DRH 04054 b
 1        assets, that the  defendant  is  financially  capable  of
 2        paying  for  such  services,  if  the victim was under 18
 3        years of age at the time the offense  was  committed  and
 4        requires 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
 9    or  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
18    impose any other civil penalty.
19        (g)  Whenever  a  defendant  is  convicted  of an offense
20    under Sections 11-14, 11-15, 11-15.1,  11-16,  11-17,  11-18,
21    11-18.1,  11-19,  11-19.1,  11-19.2,  12-13,  12-14, 12-14.1,
22    12-15 or 12-16 of the Criminal Code of  1961,  the  defendant
23    shall  undergo  medical  testing  to  determine  whether  the
24    defendant has any sexually transmissible disease, including a
25    test for infection with human immunodeficiency virus (HIV) or
26    any    other   identified   causative   agent   of   acquired
27    immunodeficiency syndrome  (AIDS).   Any  such  medical  test
28    shall  be  performed  only  by appropriately licensed medical
29    practitioners and may  include  an  analysis  of  any  bodily
30    fluids  as  well as an examination of the defendant's person.
31    Except as otherwise provided by law, the results of such test
32    shall be kept strictly confidential by all medical  personnel
33    involved in the testing and must be personally delivered in a
34    sealed  envelope  to  the  judge  of  the  court in which the
 
                            -24-     LRB093 04015 DRH 04054 b
 1    conviction was entered for the judge's inspection in  camera.
 2    Acting  in  accordance  with the best interests of the victim
 3    and the public,  the  judge  shall  have  the  discretion  to
 4    determine  to whom, if anyone, the results of the testing may
 5    be revealed. The court shall notify the defendant of the test
 6    results.  The court shall also notify the victim if requested
 7    by the victim, and if the victim is under the age of  15  and
 8    if  requested  by the victim's parents or legal guardian, the
 9    court shall notify the victim's parents or legal guardian  of
10    the test 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
13    of  the  testing  are  revealed  and shall direct the State's
14    Attorney to  provide  the  information  to  the  victim  when
15    possible. A State's Attorney may petition the court to obtain
16    the  results of any HIV test administered under this Section,
17    and the court shall  grant  the  disclosure  if  the  State's
18    Attorney  shows it is relevant in order to prosecute a charge
19    of criminal transmission of HIV under Section 12-16.2 of  the
20    Criminal Code of 1961 against the defendant.  The court shall
21    order  that  the  cost  of any such test shall be paid by the
22    county and may  be  taxed  as  costs  against  the  convicted
23    defendant.
24        (g-5)  When   an   inmate   is  tested  for  an  airborne
25    communicable  disease,  as   determined   by   the   Illinois
26    Department  of  Public  Health  including  but not limited to
27    tuberculosis, the results of the  test  shall  be  personally
28    delivered  by  the  warden or his or her designee in a sealed
29    envelope to the judge of the court in which the  inmate  must
30    appear  for  the judge's inspection in camera if requested by
31    the judge.  Acting in accordance with the best  interests  of
32    those  in  the courtroom, the judge shall have the discretion
33    to determine what if any precautions  need  to  be  taken  to
34    prevent transmission of the disease in the courtroom.
 
                            -25-     LRB093 04015 DRH 04054 b
 1        (h)  Whenever  a  defendant  is  convicted  of an offense
 2    under Section 1 or 2 of the Hypodermic Syringes  and  Needles
 3    Act, the defendant shall undergo medical testing to determine
 4    whether   the   defendant   has   been   exposed   to   human
 5    immunodeficiency   virus   (HIV)   or  any  other  identified
 6    causative agent of acquired immunodeficiency syndrome (AIDS).
 7    Except as otherwise provided by law, the results of such test
 8    shall be kept strictly confidential by all medical  personnel
 9    involved in the testing and must be personally delivered in a
10    sealed  envelope  to  the  judge  of  the  court in which the
11    conviction was entered for the judge's inspection in  camera.
12    Acting  in  accordance with the best interests of the public,
13    the judge shall have the discretion to determine to whom,  if
14    anyone, the results of the testing may be revealed. The court
15    shall  notify  the  defendant  of  a positive test showing an
16    infection with the human immunodeficiency  virus  (HIV).  The
17    court  shall  provide  information on the availability of HIV
18    testing  and  counseling  at  Department  of  Public   Health
19    facilities  to all parties to whom the results of the testing
20    are revealed and shall direct the State's Attorney to provide
21    the information  to  the  victim  when  possible.  A  State's
22    Attorney  may petition the court to obtain the results of any
23    HIV test administered under  this   Section,  and  the  court
24    shall  grant  the disclosure if the State's Attorney shows it
25    is relevant in  order  to  prosecute  a  charge  of  criminal
26    transmission  of  HIV  under  Section 12-16.2 of the Criminal
27    Code of 1961 against the defendant.  The  court  shall  order
28    that  the  cost  of any such test shall be paid by the county
29    and may be taxed as costs against the convicted defendant.
30        (i)  All fines and penalties imposed under  this  Section
31    for any violation of Chapters 3, 4, 6, and 11 of the Illinois
32    Vehicle  Code,  or  a similar provision of a local ordinance,
33    and any violation of the Child Passenger Protection Act, or a
34    similar provision of a local ordinance,  shall  be  collected
 
                            -26-     LRB093 04015 DRH 04054 b
 1    and  disbursed by the circuit clerk as provided under Section
 2    27.5 of the Clerks of Courts Act.
 3        (j)  In cases  when  prosecution  for  any  violation  of
 4    Section  11-6,  11-8,  11-9,  11-11,  11-14,  11-15, 11-15.1,
 5    11-16,  11-17,  11-17.1,  11-18,  11-18.1,  11-19,   11-19.1,
 6    11-19.2,  11-20.1,  11-21,  12-13,  12-14, 12-14.1, 12-15, or
 7    12-16 of the Criminal Code of  1961,  any  violation  of  the
 8    Illinois  Controlled  Substances Act, or any violation of the
 9    Cannabis Control Act results in conviction, a disposition  of
10    court  supervision,  or  an  order of probation granted under
11    Section 10 of the Cannabis Control Act or Section 410 of  the
12    Illinois  Controlled  Substance Act of a defendant, the court
13    shall determine  whether  the  defendant  is  employed  by  a
14    facility  or  center  as  defined under the Child Care Act of
15    1969, a public or private elementary or secondary school,  or
16    otherwise  works  with  children  under  18 years of age on a
17    daily basis.  When a defendant  is  so  employed,  the  court
18    shall  order  the  Clerk  of  the Court to send a copy of the
19    judgment of conviction or order of supervision  or  probation
20    to  the  defendant's  employer  by  certified  mail.  If  the
21    employer of the defendant is a school, the Clerk of the Court
22    shall  direct  the  mailing  of  a  copy  of  the judgment of
23    conviction or  order  of  supervision  or  probation  to  the
24    appropriate regional superintendent of schools.  The regional
25    superintendent  of  schools  shall  notify the State Board of
26    Education of any notification under this subsection.
27        (j-5)  A defendant at  least  17  years  of  age  who  is
28    convicted  of  a  felony  and  who  has  not  been previously
29    convicted of a misdemeanor or felony and who is sentenced  to
30    a   term  of  imprisonment  in  the  Illinois  Department  of
31    Corrections shall as a condition of his or  her  sentence  be
32    required  by the court to attend educational courses designed
33    to prepare the defendant for a high  school  diploma  and  to
34    work  toward  a high school diploma or to work toward passing
 
                            -27-     LRB093 04015 DRH 04054 b
 1    the high school level Test of General Educational Development
 2    (GED) or to work  toward  completing  a  vocational  training
 3    program  offered  by  the  Department  of  Corrections.  If a
 4    defendant fails to complete the educational training required
 5    by his or her sentence during the term of incarceration,  the
 6    Prisoner  Review  Board  shall,  as  a condition of mandatory
 7    supervised release, require the defendant, at his or her  own
 8    expense,  to  pursue  a  course of study toward a high school
 9    diploma or passage of the  GED  test.   The  Prisoner  Review
10    Board  shall  revoke  the  mandatory  supervised release of a
11    defendant who wilfully fails to comply with  this  subsection
12    (j-5)  upon  his  or  her release from confinement in a penal
13    institution while  serving  a  mandatory  supervised  release
14    term;  however, the inability of the defendant after making a
15    good faith effort to obtain financial  aid  or  pay  for  the
16    educational  training shall not be deemed a wilful failure to
17    comply.   The  Prisoner  Review  Board  shall  recommit   the
18    defendant  whose  mandatory  supervised release term has been
19    revoked under this subsection (j-5) as  provided  in  Section
20    3-3-9.   This  subsection (j-5) does not apply to a defendant
21    who has a high school diploma or has successfully passed  the
22    GED test. This subsection (j-5) does not apply to a defendant
23    who is determined by the court to be developmentally disabled
24    or otherwise mentally incapable of completing the educational
25    or vocational program.
26        (k)  A court may not impose a sentence or disposition for
27    a  felony  or  misdemeanor  that requires the defendant to be
28    implanted or injected with  or  to  use  any  form  of  birth
29    control.
30        (l) (A)  Except   as   provided   in   paragraph  (C)  of
31        subsection (l), whenever a defendant, who is an alien  as
32        defined  by  the  Immigration  and  Nationality  Act,  is
33        convicted of any felony or misdemeanor offense, the court
34        after  sentencing  the  defendant may, upon motion of the
 
                            -28-     LRB093 04015 DRH 04054 b
 1        State's Attorney, hold sentence in  abeyance  and  remand
 2        the  defendant  to the custody of the Attorney General of
 3        the United States or his or her designated  agent  to  be
 4        deported when:
 5                  (1)  a  final  order  of  deportation  has been
 6             issued against the defendant pursuant to proceedings
 7             under 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
11             justice.
12             Otherwise,  the  defendant  shall  be  sentenced  as
13        provided in this Chapter V.
14             (B)  If the defendant has already been sentenced for
15        a  felony  or  misdemeanor offense, or has been placed on
16        probation under Section 10 of the Cannabis Control Act or
17        Section 410 of the Illinois  Controlled  Substances  Act,
18        the  court  may,  upon  motion of the State's Attorney to
19        suspend the sentence imposed, commit the defendant to the
20        custody of the Attorney General of the United  States  or
21        his or her designated agent when:
22                  (1)  a  final  order  of  deportation  has been
23             issued against the defendant pursuant to proceedings
24             under the Immigration and Nationality Act, and
25                  (2)  the deportation of the defendant would not
26             deprecate the seriousness of the defendant's conduct
27             and would not  be  inconsistent  with  the  ends  of
28             justice.
29             (C)  This subsection (l) does not apply to offenders
30        who  are  subject  to  the provisions of paragraph (2) of
31        subsection (a) of Section 3-6-3.
32             (D)  Upon motion  of  the  State's  Attorney,  if  a
33        defendant  sentenced  under  this  Section returns to the
34        jurisdiction of the United States, the defendant shall be
 
                            -29-     LRB093 04015 DRH 04054 b
 1        recommitted to the custody of the county from which he or
 2        she was sentenced. Thereafter,  the  defendant  shall  be
 3        brought before the sentencing court, which may impose any
 4        sentence  that  was  available under Section 5-5-3 at the
 5        time of initial sentencing.  In addition,  the  defendant
 6        shall  not be eligible for additional good conduct credit
 7        for meritorious service as provided under Section 3-6-6.
 8        (m)  A  person  convicted  of  criminal   defacement   of
 9    property  under  Section 21-1.3 of the Criminal Code of 1961,
10    in which the property damage exceeds $300  and  the  property
11    damaged  is  a  school  building, shall be ordered to perform
12    community service  that  may  include  cleanup,  removal,  or
13    painting over the defacement.
14    (Source: P.A.  91-357,  eff.  7-29-99;  91-404,  eff. 1-1-00;
15    91-663, eff. 12-22-99; 91-695,  eff.  4-13-00;  91-953,  eff.
16    2-23-01;  92-183,  eff. 7-27-01; 92-248, eff. 8-3-01; 92-283,
17    eff. 1-1-02; 92-340,  eff.  8-10-01;  92-418,  eff.  8-17-01;
18    92-422,  eff.  8-17-01;  92-651,  eff.  7-11-02; 92-698, eff.
19    7-19-02.)