093_HB3154

 
                                     LRB093 09243 DRH 09476 b

 1        AN ACT in relation to driving offenses.

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

 4        Section 5.  The  Illinois  Vehicle  Code  is  amended  by
 5    changing Section 11-501 as follows:

 6        (625 ILCS 5/11-501) (from Ch. 95 1/2, par. 11-501)
 7        Sec.  11-501.   Driving  while  under  the  influence  of
 8    alcohol,  other  drug  or  drugs,  intoxicating  compound  or
 9    compounds or any combination thereof.
10        (a)  A  person  shall  not drive or be in actual physical
11    control of any vehicle within this State while:
12             (1)  the alcohol concentration in the person's blood
13        or breath is 0.08 or more  based  on  the  definition  of
14        blood and breath units in Section 11-501.2;
15             (2)  under the influence of alcohol;
16             (3)  under   the   influence   of  any  intoxicating
17        compound or combination of intoxicating  compounds  to  a
18        degree  that  renders  the  person  incapable  of driving
19        safely;
20             (4)  under  the  influence  of  any  other  drug  or
21        combination of drugs to a degree that renders the  person
22        incapable of safely driving;
23             (5)  under  the combined influence of alcohol, other
24        drug or drugs, or intoxicating compound or compounds to a
25        degree  that  renders  the  person  incapable  of  safely
26        driving; or
27             (6)  there is any amount of a  drug,  substance,  or
28        compound   in   the  person's  breath,  blood,  or  urine
29        resulting  from  the  unlawful  use  or  consumption   of
30        cannabis listed in the Cannabis Control Act, a controlled
31        substance  listed  in  the Illinois Controlled Substances
 
                            -2-      LRB093 09243 DRH 09476 b
 1        Act, or an intoxicating compound listed  in  the  Use  of
 2        Intoxicating Compounds Act.
 3        (b)  The fact that any person charged with violating this
 4    Section is or has been legally entitled to use alcohol, other
 5    drug  or drugs, or intoxicating compound or compounds, or any
 6    combination thereof,  shall not constitute a defense  against
 7    any charge of violating this Section.
 8        (c)  Except  as  provided  under paragraphs (c-3), (c-4),
 9    (c-5), and (d) of this Section,  every  person  convicted  of
10    violating  this  Section  or  a  similar provision of a local
11    ordinance, shall be guilty of a Class A misdemeanor  and,  in
12    addition  to any other criminal or administrative action, for
13    any second conviction of violating this Section or a  similar
14    provision  of  a  law  of  another  state  or local ordinance
15    committed within 5 years of  a  previous  violation  of  this
16    Section  or a similar provision of a local ordinance shall be
17    mandatorily sentenced to a minimum of 5 days of  imprisonment
18    or  assigned  to a minimum of 30 days of community service as
19    may be determined by the court.  Every  person  convicted  of
20    violating  this  Section  or  a  similar provision of a local
21    ordinance shall be subject to an additional mandatory minimum
22    fine of $500 and an additional mandatory 5 days of  community
23    service  in  a  program  benefiting  children  if  the person
24    committed a violation of paragraph (a) or a similar provision
25    of a local ordinance while transporting a  person  under  age
26    16.   Every person convicted a second time for violating this
27    Section or a similar provision of a local ordinance within  5
28    years  of  a  previous violation of this Section or a similar
29    provision of a law of another state or local ordinance  shall
30    be  subject  to  an additional mandatory minimum fine of $500
31    and an additional 10 days of mandatory community service in a
32    program  benefiting  children  if  the  current  offense  was
33    committed while transporting a  person  under  age  16.   The
34    imprisonment or assignment under this subsection shall not be
 
                            -3-      LRB093 09243 DRH 09476 b
 1    subject  to  suspension  nor shall the person be eligible for
 2    probation in order to reduce the sentence or assignment.
 3        (c-1) (1)  A person who violates this  Section  during  a
 4        period in which his or her driving privileges are revoked
 5        or  suspended, where the revocation or suspension was for
 6        a violation of this Section, Section 11-501.1,  paragraph
 7        (b)  of  Section  11-401,  or Section 9-3 of the Criminal
 8        Code of 1961 is guilty of a Class 4 felony.
 9             (2)  A person who violates this Section a third time
10        during a period in which his or  her  driving  privileges
11        are   revoked   or  suspended  where  the  revocation  or
12        suspension was for a violation of this  Section,  Section
13        11-501.1, paragraph (b) of Section 11-401, or Section 9-3
14        of  the  Criminal  Code  of  1961  is guilty of a Class 3
15        felony.
16             (3)  A person who violates this Section a fourth  or
17        subsequent  time  during  a  period  in  which his or her
18        driving privileges are revoked  or  suspended  where  the
19        revocation  or  suspension  was  for  a violation of this
20        Section,  Section  11-501.1,  paragraph  (b)  of  Section
21        11-401, or Section 9-3 of the Criminal Code  of  1961  is
22        guilty of a Class 2 felony.
23        (c-2)  (Blank).
24        (c-3)  (Blank).  Every person convicted of violating this
25    Section or a similar provision of a local ordinance who had a
26    child under age 16 in the vehicle at the time of the  offense
27    shall have his or her punishment under this Act enhanced by 2
28    days  of  imprisonment  for  a  first  offense,  10  days  of
29    imprisonment  for  a  second offense, 30 days of imprisonment
30    for a third offense, and 90 days of imprisonment for a fourth
31    or subsequent offense, in addition to the fine and  community
32    service  required  under  subsection  (c)  and  the  possible
33    imprisonment required under subsection (d).  The imprisonment
34    or  assignment  under this subsection shall not be subject to
 
                            -4-      LRB093 09243 DRH 09476 b
 1    suspension nor shall the person be eligible for probation  in
 2    order to reduce the sentence or assignment.
 3        (c-4)  When  a  person  is convicted of violating Section
 4    11-501 of this  Code  or  a  similar  provision  of  a  local
 5    ordinance,  the  following  penalties  apply  when his or her
 6    blood, breath,  or  urine  was  .16  or  more  based  on  the
 7    definition  of  blood,  breath,  or  urine  units  in Section
 8    11-501.2 or when that person is convicted of  violating  this
 9    Section while transporting a child under the age of 16:
10             (1)  A   person   who   is  convicted  of  violating
11        subsection (a) of Section 11-501 of  this  Code  a  first
12        time,  in  addition  to  any  other  penalty  that may be
13        imposed under subsection (c), is subject to  a  mandatory
14        minimum  of  100 hours of community service and a minimum
15        fine of $500.
16             (2)  A  person  who  is   convicted   of   violating
17        subsection  (a)  of  Section 11-501 of this Code a second
18        time within 10 years, in addition to  any  other  penalty
19        that may be imposed under subsection (c), is subject to a
20        mandatory minimum of 2 days of imprisonment and a minimum
21        fine of $1,250.
22             (3)  A   person   who   is  convicted  of  violating
23        subsection (a) of Section 11-501 of  this  Code  a  third
24        time  within  20 years is guilty of a Class 4 felony and,
25        in addition to any other  penalty  that  may  be  imposed
26        under  subsection  (c), is subject to a mandatory minimum
27        of 90 days of imprisonment and a minimum fine of $2,500.
28             (4)  A person who is  convicted  of  violating  this
29        subsection (c-4) a fourth or subsequent time is guilty of
30        a  Class  2  felony and, in addition to any other penalty
31        that may be imposed under subsection (c), is not eligible
32        for a sentence of probation or conditional discharge  and
33        is subject to a minimum fine of $2,500.
34        (c-5)  When  a  person  is  convicted  of  violating this
 
                            -5-      LRB093 09243 DRH 09476 b
 1    Section or a similar provision  of  a  local  ordinance,  the
 2    following  penalties  apply  when that person is convicted of
 3    violating this Section while transporting a child  under  the
 4    age of 16:
 5             (1)  A   person   who   is  convicted  of  violating
 6        subsection (a) of this Section a first time, in  addition
 7        to any other penalty that may be imposed under subsection
 8        (c),  is  subject  to  a mandatory minimum of 6 months of
 9        imprisonment and a minimum fine of $500.
10             (2)  A  person  who  is   convicted   of   violating
11        subsection  (a)  of  this Section a second time within 10
12        years, in addition to  any  other  penalty  that  may  be
13        imposed  under  subsection (c), is subject to a mandatory
14        minimum of one year of imprisonment and a minimum fine of
15        $1,250.
16             (3)  A  person  who  is   convicted   of   violating
17        subsection  (a)  of  this  Section a third time within 20
18        years is guilty of a Class 4 felony and, in  addition  to
19        any  other  penalty  that may be imposed under subsection
20        (c), is subject to a mandatory minimum of  18  months  of
21        imprisonment and a minimum fine of $2,500.
22             (4)  A   person   who   is  convicted  of  violating
23        subsection (a) of this Section  a  fourth  or  subsequent
24        time  is  guilty  of a Class 2 felony and, in addition to
25        any other penalty that may be  imposed  under  subsection
26        (c),  is  subject  to  a  mandatory minimum of 2 years of
27        imprisonment and a minimum fine of $2,500.
28        (d) (1)  Every person convicted of committing a violation
29        of this Section shall be  guilty  of  aggravated  driving
30        under  the  influence of alcohol, other drug or drugs, or
31        intoxicating compound or compounds,  or  any  combination
32        thereof if:
33                  (A)  the  person  committed a violation of this
34             Section, or a similar provision of a law of  another
 
                            -6-      LRB093 09243 DRH 09476 b
 1             state  or a local ordinance when the cause of action
 2             is the same as  or  substantially  similar  to  this
 3             Section, for the third or subsequent time;
 4                  (B)  the   person   committed  a  violation  of
 5             paragraph  (a)  while  driving  a  school  bus  with
 6             children on board;
 7                  (C)  the person in committing  a  violation  of
 8             paragraph  (a)  was  involved  in  a  motor  vehicle
 9             accident  that  resulted  in  great  bodily  harm or
10             permanent disability or  disfigurement  to  another,
11             when  the  violation  was  a  proximate cause of the
12             injuries;
13                  (D)  the  person  committed  a   violation   of
14             paragraph  (a)  for  a  second  time  and  has  been
15             previously convicted of violating Section 9-3 of the
16             Criminal  Code of 1961 relating to reckless homicide
17             in which the person  was  determined  to  have  been
18             under the influence of alcohol, other drug or drugs,
19             or  intoxicating compound or compounds as an element
20             of the offense or the  person  has  previously  been
21             convicted  under  subparagraph (C) of this paragraph
22             (1); or
23                  (E)  the person, in committing a  violation  of
24             paragraph (a) while driving at any speed in a school
25             speed  zone at a time when a speed limit of 20 miles
26             per hour was  in  effect  under  subsection  (a)  of
27             Section 11-605 of this Code, was involved in a motor
28             vehicle accident that resulted in bodily harm, other
29             than  great  bodily  harm or permanent disability or
30             disfigurement, to another person, when the violation
31             of paragraph (a) was a proximate cause of the bodily
32             harm.
33             (2)  Aggravated  driving  under  the  influence   of
34        alcohol, other drug or drugs, or intoxicating compound or
 
                            -7-      LRB093 09243 DRH 09476 b
 1        compounds,  or  any  combination  thereof  is  a  Class 4
 2        felony.  For a violation of subparagraph (C) of paragraph
 3        (1) of this subsection (d), the defendant,  if  sentenced
 4        to a term of imprisonment, shall be sentenced to not less
 5        than   one   year  nor  more  than  12  years.   For  any
 6        prosecution under this subsection (d), a  certified  copy
 7        of  the  driving  abstract  of  the  defendant  shall  be
 8        admitted as proof of any prior conviction.
 9        (e)  After  a  finding  of  guilt  and prior to any final
10    sentencing, or an order for supervision, for an offense based
11    upon an arrest for a violation of this Section or  a  similar
12    provision of a local ordinance, individuals shall be required
13    to  undergo  a  professional  evaluation  to  determine if an
14    alcohol, drug, or intoxicating compound abuse problem  exists
15    and  the extent of the problem, and undergo the imposition of
16    treatment   as   appropriate.   Programs   conducting   these
17    evaluations shall be licensed  by  the  Department  of  Human
18    Services.   The  cost of any professional evaluation shall be
19    paid  for  by  the  individual  required   to   undergo   the
20    professional evaluation.
21        (f)  Every person found guilty of violating this Section,
22    whose operation of a motor vehicle while in violation of this
23    Section  proximately  caused  any  incident  resulting  in an
24    appropriate emergency  response,  shall  be  liable  for  the
25    expense  of  an  emergency response as provided under Section
26    5-5-3 of the Unified Code of Corrections.
27        (g)  The Secretary of  State  shall  revoke  the  driving
28    privileges  of  any  person convicted under this Section or a
29    similar provision of a local ordinance.
30        (h)  Every person sentenced under paragraph (2) or (3) of
31    subsection (c-1) of this Section or subsection  (d)  of  this
32    Section  and  who receives a term of probation or conditional
33    discharge shall be required to serve a minimum term of either
34    60 days community service or 10 days  of  imprisonment  as  a
 
                            -8-      LRB093 09243 DRH 09476 b
 1    condition  of  the  probation or conditional discharge.  This
 2    mandatory minimum  term  of  imprisonment  or  assignment  of
 3    community  service  shall  not  be suspended and shall not be
 4    subject to reduction by the court.
 5        (i)  The Secretary of State  shall  require  the  use  of
 6    ignition  interlock  devices  on  all  vehicles  owned  by an
 7    individual who has been convicted of a second  or  subsequent
 8    offense  of  this  Section  or a similar provision of a local
 9    ordinance.   The  Secretary  shall  establish  by  rule   and
10    regulation  the  procedures  for certification and use of the
11    interlock system.
12        (j)  In addition to any other penalties and  liabilities,
13    a person who is found guilty of or pleads guilty to violating
14    this   Section,   including   any   person  placed  on  court
15    supervision for violating this Section, shall be fined  $100,
16    payable  to the circuit clerk, who shall distribute the money
17    to the law enforcement agency that made the arrest.   If  the
18    person  has  been  previously  convicted  of  violating  this
19    Section or a similar provision of a local ordinance, the fine
20    shall  be  $200.   In  the event that more than one agency is
21    responsible for the arrest, the $100 or $200 shall be  shared
22    equally.   Any  moneys  received  by a law enforcement agency
23    under this subsection (j)  shall  be  used  to  purchase  law
24    enforcement  equipment  that will assist in the prevention of
25    alcohol related criminal violence throughout the State.  This
26    shall include, but is not limited to, in-car  video  cameras,
27    radar  and  laser speed detection devices, and alcohol breath
28    testers. Any moneys  received  by  the  Department  of  State
29    Police  under this subsection (j) shall be deposited into the
30    State Police DUI Fund and  shall  be  used  to  purchase  law
31    enforcement  equipment  that will assist in the prevention of
32    alcohol related criminal violence throughout the State.
33    (Source: P.A. 91-126, eff.  7-16-99;  91-357,  eff.  7-29-99;
34    91-692,  eff.  4-13-00;  91-822,  eff.  6-13-00; 92-248, eff.
 
                            -9-      LRB093 09243 DRH 09476 b
 1    8-3-01; 92-418, eff. 8-17-01; 92-420, eff.  8-17-01;  92-429,
 2    eff. 1-1-02; 92-431, eff. 1-1-02; 92-651, eff. 7-11-02.)

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

 5        (730 ILCS 5/5-5-3) (from Ch. 38, par. 1005-5-3)
 6        Sec. 5-5-3.  Disposition.
 7        (a)  Every  person  convicted  of  an  offense  shall  be
 8    sentenced as provided in this Section.
 9        (b)  The   following   options   shall   be   appropriate
10    dispositions, alone or in combination, for all  felonies  and
11    misdemeanors other than those identified in subsection (c) of
12    this Section:
13             (1)  A period of probation.
14             (2)  A term of periodic imprisonment.
15             (3)  A term of conditional discharge.
16             (4)  A term of imprisonment.
17             (5)  An order directing the offender to clean up and
18        repair  the  damage,  if the offender was convicted under
19        paragraph (h) of Section 21-1 of  the  Criminal  Code  of
20        1961.
21             (6)  A fine.
22             (7)  An   order   directing  the  offender  to  make
23        restitution to the victim under  Section  5-5-6  of  this
24        Code.
25             (8)  A  sentence of participation in a county impact
26        incarceration program under Section 5-8-1.2 of this Code.
27        Whenever an individual is sentenced for an offense  based
28    upon  an  arrest  for  a  violation  of Section 11-501 of the
29    Illinois Vehicle Code, or a  similar  provision  of  a  local
30    ordinance,   and   the   professional  evaluation  recommends
31    remedial or rehabilitative treatment  or  education,  neither
32    the treatment nor the education shall be the sole disposition

 
                            -10-     LRB093 09243 DRH 09476 b
 1    and  either  or  both may be imposed only in conjunction with
 2    another disposition. The court shall monitor compliance  with
 3    any remedial education or treatment recommendations contained
 4    in  the professional evaluation.  Programs conducting alcohol
 5    or other  drug  evaluation  or  remedial  education  must  be
 6    licensed  by  the  Department of Human Services.  However, if
 7    the individual is not a resident of Illinois, the  court  may
 8    accept  an  alcohol  or  other  drug  evaluation  or remedial
 9    education  program  in  the  state   of   such   individual's
10    residence.   Programs  providing  treatment  must be licensed
11    under  existing  applicable  alcoholism  and  drug  treatment
12    licensure standards.
13        In addition to any other fine or penalty required by law,
14    any individual convicted of a violation of Section 11-501  of
15    the  Illinois  Vehicle  Code  or a similar provision of local
16    ordinance, whose  operation  of  a  motor  vehicle  while  in
17    violation  of  Section  11-501  or such ordinance proximately
18    caused an incident  resulting  in  an  appropriate  emergency
19    response,  shall  be required to make restitution to a public
20    agency for  the  costs  of  that  emergency  response.   Such
21    restitution  shall not exceed $500 per public agency for each
22    such emergency response.  For the purpose of this  paragraph,
23    emergency  response  shall  mean  any  incident  requiring  a
24    response  by: a police officer as defined under Section 1-162
25    of the Illinois Vehicle Code; a fireman carried on the  rolls
26    of  a regularly constituted fire department; and an ambulance
27    as defined under Section 3.85 4.05 of the  Emergency  Medical
28    Services (EMS) Systems Act.
29        Neither   a  fine  nor  restitution  shall  be  the  sole
30    disposition for a felony and either or both  may  be  imposed
31    only in conjunction with another disposition.
32        (c) (1)  When a defendant is found guilty of first degree
33        murder   the   State   may  either  seek  a  sentence  of
34        imprisonment under Section 5-8-1 of this Code,  or  where
 
                            -11-     LRB093 09243 DRH 09476 b
 1        appropriate seek a sentence of death under Section 9-1 of
 2        the Criminal Code of 1961.
 3             (2)  A  period  of  probation,  a  term  of periodic
 4        imprisonment  or  conditional  discharge  shall  not   be
 5        imposed  for  the  following  offenses.  The  court shall
 6        sentence the offender to not less than the  minimum  term
 7        of  imprisonment set forth in this Code for the following
 8        offenses, and may order a fine or restitution or both  in
 9        conjunction with such term of imprisonment:
10                  (A)  First   degree   murder  where  the  death
11             penalty is not imposed.
12                  (B)  Attempted first degree murder.
13                  (C)  A Class X felony.
14                  (D)  A violation of Section 401.1 or 407 of the
15             Illinois Controlled Substances Act, or  a  violation
16             of  subdivision  (c)(1)  or (c)(2) of Section 401 of
17             that Act which relates to more than  5  grams  of  a
18             substance  containing heroin or cocaine or an analog
19             thereof.
20                  (E)  A violation of Section 5.1  or  9  of  the
21             Cannabis Control Act.
22                  (F)  A   Class  2  or  greater  felony  if  the
23             offender had been convicted of a Class 2 or  greater
24             felony  within  10  years  of  the date on which the
25             offender committed the offense for which he  or  she
26             is  being sentenced, except as otherwise provided in
27             Section 40-10 of the Alcoholism and Other Drug Abuse
28             and Dependency Act.
29                  (G)  Residential burglary, except as  otherwise
30             provided  in  Section  40-10  of  the Alcoholism and
31             Other Drug Abuse and Dependency Act.
32                  (H)  Criminal   sexual   assault,   except   as
33             otherwise  provided  in  subsection  (e)   of   this
34             Section.
 
                            -12-     LRB093 09243 DRH 09476 b
 1                  (I)  Aggravated battery of a senior citizen.
 2                  (J)  A  forcible  felony  if  the  offense  was
 3             related to the activities of an organized gang.
 4                  Before  July  1, 1994, for the purposes of this
 5             paragraph, "organized gang" means an association  of
 6             5  or  more  persons, with an established hierarchy,
 7             that  encourages  members  of  the  association   to
 8             perpetrate crimes or provides support to the members
 9             of the association who do commit crimes.
10                  Beginning  July  1,  1994,  for the purposes of
11             this paragraph, "organized  gang"  has  the  meaning
12             ascribed  to  it  in  Section  10  of  the  Illinois
13             Streetgang Terrorism Omnibus Prevention Act.
14                  (K)  Vehicular hijacking.
15                  (L)  A  second or subsequent conviction for the
16             offense of hate crime when  the  underlying  offense
17             upon  which  the  hate  crime  is  based  is  felony
18             aggravated assault or felony mob action.
19                  (M)  A  second or subsequent conviction for the
20             offense of institutional vandalism if the damage  to
21             the property exceeds $300.
22                  (N)  A  Class  3  felony violation of paragraph
23             (1) of subsection (a) of Section 2  of  the  Firearm
24             Owners Identification Card Act.
25                  (O)  A  violation  of  Section  12-6.1  of  the
26             Criminal Code of 1961.
27                  (P)  A  violation  of  paragraph (1), (2), (3),
28             (4), (5),  or  (7)  of  subsection  (a)  of  Section
29             11-20.1 of the Criminal Code of 1961.
30                  (Q)  A  violation  of  Section  20-1.2  of  the
31             Criminal Code of 1961.
32                  (R)  A   violation  of  Section  24-3A  of  the
33             Criminal Code of 1961.
34                  (S)  A violation of Section  11-501(c-1)(3)  of
 
                            -13-     LRB093 09243 DRH 09476 b
 1             the Illinois Vehicle Code.
 2             (3)  A minimum term of imprisonment of not less than
 3        5  days  or  30  days  of  community  service  as  may be
 4        determined by the court shall be  imposed  for  a  second
 5        violation   committed   within  5  years  of  a  previous
 6        violation of Section 11-501 of the Illinois Vehicle  Code
 7        or  a similar provision of a local ordinance. In the case
 8        of a third or subsequent  violation  committed  within  5
 9        years  of  a  previous violation of Section 11-501 of the
10        Illinois Vehicle Code or a similar provision of  a  local
11        ordinance,   a   minimum   term  of  either  10  days  of
12        imprisonment or 60 days of  community  service  shall  be
13        imposed.
14             (4)  A minimum term of imprisonment of not less than
15        10 consecutive days or 30 days of community service shall
16        be  imposed  for  a violation of paragraph (c) of Section
17        6-303 of the Illinois Vehicle Code.
18             (4.1)  A minimum term  of  30  consecutive  days  of
19        imprisonment, 40 days of 24 hour periodic imprisonment or
20        720  hours  of community service, as may be determined by
21        the court, shall be imposed for a  violation  of  Section
22        11-501  of  the  Illinois Vehicle Code during a period in
23        which the defendant's driving privileges are  revoked  or
24        suspended,  where  the revocation or suspension was for a
25        violation of Section 11-501 or Section 11-501.1  of  that
26        Code.
27             (4.2)  Except as provided in paragraph (4.3) of this
28        subsection  (c),  a  minimum  of  100  hours of community
29        service shall  be  imposed  for  a  second  violation  of
30        Section 6-303 of the Illinois Vehicle Code.
31             (4.3)  A  minimum term of imprisonment of 30 days or
32        300 hours of community  service,  as  determined  by  the
33        court,  shall  be  imposed  for  a  second  violation  of
34        subsection  (c)  of Section 6-303 of the Illinois Vehicle
 
                            -14-     LRB093 09243 DRH 09476 b
 1        Code.
 2             (4.4)  Except as provided  in  paragraph  (4.5)  and
 3        paragraph (4.6) of this subsection (c), a minimum term of
 4        imprisonment  of  30  days  or  300  hours  of  community
 5        service, as determined by the court, shall be imposed for
 6        a  third  or subsequent violation of Section 6-303 of the
 7        Illinois Vehicle Code.
 8             (4.5)  A minimum term of  imprisonment  of  30  days
 9        shall  be imposed for a third violation of subsection (c)
10        of Section 6-303 of the Illinois Vehicle Code.
11             (4.6)  A minimum term of imprisonment  of  180  days
12        shall  be imposed for a fourth or subsequent violation of
13        subsection (c) of Section 6-303 of the  Illinois  Vehicle
14        Code.
15             (5)  The court may sentence an offender convicted of
16        a business offense or a petty offense or a corporation or
17        unincorporated association convicted of any offense to:
18                  (A)  a period of conditional discharge;
19                  (B)  a fine;
20                  (C)  make   restitution  to  the  victim  under
21             Section 5-5-6 of this Code.
22             (5.1)  In addition to any  penalties  imposed  under
23        paragraph  (5)  of  this  subsection  (c),  and except as
24        provided in paragraph (5.2) or (5.3), a person  convicted
25        of  violating  subsection  (c)  of  Section 11-907 of the
26        Illinois Vehicle Code shall  have  his  or  her  driver's
27        license,  permit, or privileges suspended for at least 90
28        days but  not  more  than  one  year,  if  the  violation
29        resulted in damage to the property of another person.
30             (5.2)  In  addition  to  any penalties imposed under
31        paragraph (5) of  this  subsection  (c),  and  except  as
32        provided  in  paragraph  (5.3),  a  person  convicted  of
33        violating   subsection  (c)  of  Section  11-907  of  the
34        Illinois Vehicle Code shall  have  his  or  her  driver's
 
                            -15-     LRB093 09243 DRH 09476 b
 1        license, permit, or privileges suspended for at least 180
 2        days but not more than 2 years, if the violation resulted
 3        in injury to another person.
 4             (5.3)  In  addition  to  any penalties imposed under
 5        paragraph (5) of this subsection (c), a person  convicted
 6        of  violating  subsection  (c)  of  Section 11-907 of the
 7        Illinois Vehicle Code shall  have  his  or  her  driver's
 8        license,  permit, or privileges suspended for 2 years, if
 9        the violation resulted in the death of another person.
10             (6)  In no case shall an offender be eligible for  a
11        disposition  of  probation or conditional discharge for a
12        Class 1 felony committed while he was serving a  term  of
13        probation or conditional discharge for a felony.
14             (7)  When   a   defendant  is  adjudged  a  habitual
15        criminal under Article 33B of the Criminal Code of  1961,
16        the  court  shall  sentence  the  defendant  to a term of
17        natural life imprisonment.
18             (8)  When a defendant, over the age of 21 years,  is
19        convicted  of  a  Class 1 or Class 2 felony, after having
20        twice been convicted in any state or federal court of  an
21        offense that contains the same elements as an offense now
22        classified  in  Illinois  as  a  Class 2 or greater Class
23        felony and such charges are separately brought and  tried
24        and arise out of different series of acts, such defendant
25        shall  be sentenced as a Class X offender. This paragraph
26        shall not apply unless (1) the first felony was committed
27        after the effective date of this amendatory Act of  1977;
28        and  (2) the second felony was committed after conviction
29        on the first; and (3)  the  third  felony  was  committed
30        after  conviction  on the second. A person sentenced as a
31        Class X offender under this paragraph is not eligible  to
32        apply  for  treatment  as  a  condition  of  probation as
33        provided by Section 40-10 of  the  Alcoholism  and  Other
34        Drug Abuse and Dependency Act.
 
                            -16-     LRB093 09243 DRH 09476 b
 1             (9)  A defendant convicted of a second or subsequent
 2        offense  of  ritualized abuse of a child may be sentenced
 3        to a term of natural life imprisonment.
 4             (10)  When  a  person  is  convicted  of   violating
 5        Section  11-501 of the Illinois Vehicle Code or a similar
 6        provision of a local ordinance, the  following  penalties
 7        apply  when his or her blood, breath, or urine was .16 or
 8        more based on the definition of blood, breath,  or  urine
 9        units  in Section 11-501.2 or that person is convicted of
10        violating Section 11-501 of  the  Illinois  Vehicle  Code
11        while transporting a child under the age of 16:
12                  (A)  For a first violation of subsection (a) of
13             Section  11-501,  in  addition  to any other penalty
14             that may be imposed under subsection (c) of  Section
15             11-501:   a   mandatory  minimum  of  100  hours  of
16             community service and a minimum fine of $500.
17                  (B)  For a second violation of  subsection  (a)
18             of  Section 11-501, in addition to any other penalty
19             that may be imposed under subsection (c) of  Section
20             11-501  within  10  years:  a mandatory minimum of 2
21             days of imprisonment and a minimum fine of $1,250.
22                  (C)  For a third violation of subsection (a) of
23             Section 11-501, in addition  to  any  other  penalty
24             that  may be imposed under subsection (c) of Section
25             11-501 within 20 years: a mandatory  minimum  of  90
26             days of imprisonment and a minimum fine of $2,500.
27                  (D)  For  a  fourth  or subsequent violation of
28             subsection (a) of Section 11-501: ineligibility  for
29             a sentence of probation or conditional discharge and
30             a minimum fine of $2,500.
31             (11)  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 that person is convicted of violating  Section
 
                            -17-     LRB093 09243 DRH 09476 b
 1        11-501  of the Illinois Vehicle Code while transporting a
 2        child under the age of 16:
 3                  (A)  For a first violation of subsection (a) of
 4             Section 11-501, in addition  to  any  other  penalty
 5             that  may be imposed under subsection (c) of Section
 6             11-501:  a  mandatory  minimum  of   6   months   of
 7             imprisonment and a minimum fine of $500.
 8                  (B)  For  a  second violation of subsection (a)
 9             of Section 11-501 within 10 years,  in  addition  to
10             any   other   penalty  that  may  be  imposed  under
11             subsection  (c)  of  Section  11-501:  a   mandatory
12             minimum  of  one  year of imprisonment and a minimum
13             fine of $1,250.
14                  (C)  For a third violation of subsection (a) of
15             Section 11-501 within 20 years, in addition  to  any
16             other  penalty  that may be imposed under subsection
17             (c) of Section 11-501: a  mandatory  minimum  of  18
18             months of imprisonment and a minimum fine of $2,500.
19                  (D)  For  a  fourth  or subsequent violation of
20             subsection (a) of Section 11-501, in addition to any
21             penalty that may be imposed under subsection (c)  of
22             Section  11-501:  a  mandatory minimum of 2 years of
23             imprisonment and 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
 
                            -18-     LRB093 09243 DRH 09476 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
 
                            -19-     LRB093 09243 DRH 09476 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
 
                            -20-     LRB093 09243 DRH 09476 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.
 
                            -21-     LRB093 09243 DRH 09476 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
 
                            -22-     LRB093 09243 DRH 09476 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
 
                            -23-     LRB093 09243 DRH 09476 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
 
                            -24-     LRB093 09243 DRH 09476 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
 
                            -25-     LRB093 09243 DRH 09476 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; revised 2-17-03.)