95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
HB0132

 

Introduced 1/19/2007, by Rep. Ed Sullivan, Jr.

 

SYNOPSIS AS INTRODUCED:
 
730 ILCS 5/5-5-3   from Ch. 38, par. 1005-5-3

    Amends the Unified Code of Corrections. Provides that a person convicted of or placed on court supervision for an assault or aggravated assault when the victim and the offender are family or household members as defined in the Illinois Domestic Violence Act of 1986 or convicted of domestic battery or aggravated domestic battery shall be required to attend anger management classes under such terms and conditions imposed by the court. Provides that the costs of such classes shall be paid by the offender. Effective immediately.


LRB095 04008 RLC 24042 b

 

 

A BILL FOR

 

HB0132 LRB095 04008 RLC 24042 b

1     AN ACT concerning criminal law.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 5. The Unified Code of Corrections is amended by
5 changing Section 5-5-3 as follows:
 
6     (730 ILCS 5/5-5-3)  (from Ch. 38, par. 1005-5-3)
7     (Text of Section before amendment by P.A. 94-1035)
8     Sec. 5-5-3. Disposition.
9     (a) Except as provided in Section 11-501 of the Illinois
10 Vehicle Code, every person convicted of an offense shall be
11 sentenced as provided in this Section.
12     (b) The following options shall be appropriate
13 dispositions, alone or in combination, for all felonies and
14 misdemeanors other than those identified in subsection (c) of
15 this Section:
16         (1) A period of probation.
17         (2) A term of periodic imprisonment.
18         (3) A term of conditional discharge.
19         (4) A term of imprisonment.
20         (5) An order directing the offender to clean up and
21     repair the damage, if the offender was convicted under
22     paragraph (h) of Section 21-1 of the Criminal Code of 1961
23     (now repealed).

 

 

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1         (6) A fine.
2         (7) An order directing the offender to make restitution
3     to the victim under Section 5-5-6 of this Code.
4         (8) A sentence of participation in a county impact
5     incarceration program under Section 5-8-1.2 of this Code.
6         (9) A term of imprisonment in combination with a term
7     of probation when the offender has been admitted into a
8     drug court program under Section 20 of the Drug Court
9     Treatment Act.
10     Neither a fine nor restitution shall be the sole
11 disposition for a felony and either or both may be imposed only
12 in conjunction with another disposition.
13     (c) (1) When a defendant is found guilty of first degree
14     murder the State may either seek a sentence of imprisonment
15     under Section 5-8-1 of this Code, or where appropriate seek
16     a sentence of death under Section 9-1 of the Criminal Code
17     of 1961.
18         (2) A period of probation, a term of periodic
19     imprisonment or conditional discharge shall not be imposed
20     for the following offenses. The court shall sentence the
21     offender to not less than the minimum term of imprisonment
22     set forth in this Code for the following offenses, and may
23     order a fine or restitution or both in conjunction with
24     such term of imprisonment:
25             (A) First degree murder where the death penalty is
26         not imposed.

 

 

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1             (B) Attempted first degree murder.
2             (C) A Class X felony.
3             (D) A violation of Section 401.1 or 407 of the
4         Illinois Controlled Substances Act, or a violation of
5         subdivision (c)(1) or (c)(2) of Section 401 of that Act
6         which relates to more than 5 grams of a substance
7         containing heroin or cocaine or an analog thereof.
8             (E) A violation of Section 5.1 or 9 of the Cannabis
9         Control Act.
10             (F) A Class 2 or greater felony if the offender had
11         been convicted of a Class 2 or greater felony within 10
12         years of the date on which the offender committed the
13         offense for which he or she is being sentenced, except
14         as otherwise provided in Section 40-10 of the
15         Alcoholism and Other Drug Abuse and Dependency Act.
16             (F-5) A violation of Section 24-1, 24-1.1, or
17         24-1.6 of the Criminal Code of 1961 for which
18         imprisonment is prescribed in those Sections.
19             (G) Residential burglary, except as otherwise
20         provided in Section 40-10 of the Alcoholism and Other
21         Drug Abuse and Dependency Act.
22             (H) Criminal sexual assault.
23             (I) Aggravated battery of a senior citizen.
24             (J) A forcible felony if the offense was related to
25         the activities of an organized gang.
26             Before July 1, 1994, for the purposes of this

 

 

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1         paragraph, "organized gang" means an association of 5
2         or more persons, with an established hierarchy, that
3         encourages members of the association to perpetrate
4         crimes or provides support to the members of the
5         association who do commit crimes.
6             Beginning July 1, 1994, for the purposes of this
7         paragraph, "organized gang" has the meaning ascribed
8         to it in Section 10 of the Illinois Streetgang
9         Terrorism Omnibus Prevention Act.
10             (K) Vehicular hijacking.
11             (L) A second or subsequent conviction for the
12         offense of hate crime when the underlying offense upon
13         which the hate crime is based is felony aggravated
14         assault or felony mob action.
15             (M) A second or subsequent conviction for the
16         offense of institutional vandalism if the damage to the
17         property exceeds $300.
18             (N) A Class 3 felony violation of paragraph (1) of
19         subsection (a) of Section 2 of the Firearm Owners
20         Identification Card Act.
21             (O) A violation of Section 12-6.1 of the Criminal
22         Code of 1961.
23             (P) A violation of paragraph (1), (2), (3), (4),
24         (5), or (7) of subsection (a) of Section 11-20.1 of the
25         Criminal Code of 1961.
26             (Q) A violation of Section 20-1.2 or 20-1.3 of the

 

 

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1         Criminal Code of 1961.
2             (R) A violation of Section 24-3A of the Criminal
3         Code of 1961.
4             (S) (Blank).
5             (T) A second or subsequent violation of the
6         Methamphetamine Control and Community Protection Act.
7         (3) (Blank).
8         (4) A minimum term of imprisonment of not less than 10
9     consecutive days or 30 days of community service shall be
10     imposed for a violation of paragraph (c) of Section 6-303
11     of the Illinois Vehicle Code.
12         (4.1) (Blank).
13         (4.2) Except as provided in paragraph (4.3) of this
14     subsection (c), a minimum of 100 hours of community service
15     shall be imposed for a second violation of Section 6-303 of
16     the Illinois Vehicle Code.
17         (4.3) A minimum term of imprisonment of 30 days or 300
18     hours of community service, as determined by the court,
19     shall be imposed for a second violation of subsection (c)
20     of Section 6-303 of the Illinois Vehicle Code.
21         (4.4) Except as provided in paragraph (4.5) and
22     paragraph (4.6) of this subsection (c), a minimum term of
23     imprisonment of 30 days or 300 hours of community service,
24     as determined by the court, shall be imposed for a third or
25     subsequent violation of Section 6-303 of the Illinois
26     Vehicle Code.

 

 

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1         (4.5) A minimum term of imprisonment of 30 days shall
2     be imposed for a third violation of subsection (c) of
3     Section 6-303 of the Illinois Vehicle Code.
4         (4.6) A minimum term of imprisonment of 180 days shall
5     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 a
9     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 Section
14         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 of
18     violating subsection (c) of Section 11-907 of the Illinois
19     Vehicle Code shall have his or her driver's license,
20     permit, or privileges suspended for at least 90 days but
21     not more than one year, if the violation resulted in damage
22     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 Illinois

 

 

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1     Vehicle Code shall have his or her driver's license,
2     permit, or privileges suspended for at least 180 days but
3     not more than 2 years, if the violation resulted in injury
4     to another person.
5         (5.3) In addition to any penalties imposed under
6     paragraph (5) of this subsection (c), a person convicted of
7     violating subsection (c) of Section 11-907 of the Illinois
8     Vehicle Code shall have his or her driver's license,
9     permit, or privileges suspended for 2 years, if the
10     violation resulted in the death of another person.
11         (6) In no case shall an offender be eligible for a
12     disposition of probation or conditional discharge for a
13     Class 1 felony committed while he was serving a term of
14     probation or conditional discharge for a felony.
15         (7) When a defendant is adjudged a habitual criminal
16     under Article 33B of the Criminal Code of 1961, the court
17     shall sentence the defendant to a term of natural life
18     imprisonment.
19         (8) When a defendant, over the age of 21 years, is
20     convicted of a Class 1 or Class 2 felony, after having
21     twice been convicted in any state or federal court of an
22     offense that contains the same elements as an offense now
23     classified in Illinois as a Class 2 or greater Class felony
24     and such charges are separately brought and tried and arise
25     out of different series of acts, such defendant shall be
26     sentenced as a Class X offender. This paragraph shall not

 

 

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1     apply unless (1) the first felony was committed after the
2     effective date of this amendatory Act of 1977; and (2) the
3     second felony was committed after conviction on the first;
4     and (3) the third felony was committed after conviction on
5     the second. A person sentenced as a Class X offender under
6     this paragraph is not eligible to apply for treatment as a
7     condition of probation as provided by Section 40-10 of the
8     Alcoholism and Other Drug Abuse and Dependency Act.
9         (9) A defendant convicted of a second or subsequent
10     offense of ritualized abuse of a child may be sentenced to
11     a term of natural life imprisonment.
12         (10) (Blank).
13         (11) The court shall impose a minimum fine of $1,000
14     for a first offense and $2,000 for a second or subsequent
15     offense upon a person convicted of or placed on supervision
16     for battery when the individual harmed was a sports
17     official or coach at any level of competition and the act
18     causing harm to the sports official or coach occurred
19     within an athletic facility or within the immediate
20     vicinity of the athletic facility at which the sports
21     official or coach was an active participant of the athletic
22     contest held at the athletic facility. For the purposes of
23     this paragraph (11), "sports official" means a person at an
24     athletic contest who enforces the rules of the contest,
25     such as an umpire or referee; "athletic facility" means an
26     indoor or outdoor playing field or recreational area where

 

 

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1     sports activities are conducted; and "coach" means a person
2     recognized as a coach by the sanctioning authority that
3     conducted the sporting event.
4         (12) A person may not receive a disposition of court
5     supervision for a violation of Section 5-16 of the Boat
6     Registration and Safety Act if that person has previously
7     received a disposition of court supervision for a violation
8     of that Section.
9         (13) A person convicted of or placed on court
10     supervision for an assault or aggravated assault when the
11     victim and the offender are family or household members as
12     defined in Section 103 of the Illinois Domestic Violence
13     Act of 1986 or convicted of domestic battery or aggravated
14     domestic battery shall be required to attend anger
15     management classes under such terms and conditions imposed
16     by the court. The costs of such classes shall be paid by
17     the offender.
18     (d) In any case in which a sentence originally imposed is
19 vacated, the case shall be remanded to the trial court. The
20 trial court shall hold a hearing under Section 5-4-1 of the
21 Unified Code of Corrections which may include evidence of the
22 defendant's life, moral character and occupation during the
23 time since the original sentence was passed. The trial court
24 shall then impose sentence upon the defendant. The trial court
25 may impose any sentence which could have been imposed at the
26 original trial subject to Section 5-5-4 of the Unified Code of

 

 

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1 Corrections. If a sentence is vacated on appeal or on
2 collateral attack due to the failure of the trier of fact at
3 trial to determine beyond a reasonable doubt the existence of a
4 fact (other than a prior conviction) necessary to increase the
5 punishment for the offense beyond the statutory maximum
6 otherwise applicable, either the defendant may be re-sentenced
7 to a term within the range otherwise provided or, if the State
8 files notice of its intention to again seek the extended
9 sentence, the defendant shall be afforded a new trial.
10     (e) In cases where prosecution for aggravated criminal
11 sexual abuse under Section 12-16 of the Criminal Code of 1961
12 results in conviction of a defendant who was a family member of
13 the 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 appropriate:
17             (A) the defendant is willing to undergo a court
18         approved counseling program for a minimum duration of 2
19         years; or
20             (B) the defendant is willing to participate in a
21         court approved plan including but not limited to the
22         defendant's:
23                 (i) removal from the household;
24                 (ii) restricted contact with the victim;
25                 (iii) continued financial support of the
26             family;

 

 

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1                 (iv) restitution for harm done to the victim;
2             and
3                 (v) compliance with any other measures that
4             the court may deem appropriate; and
5         (2) the court orders the defendant to pay for the
6     victim's counseling services, to the extent that the court
7     finds, after considering the defendant's income and
8     assets, that the defendant is financially capable of paying
9     for such services, if the victim was under 18 years of age
10     at the time the offense was committed and requires
11     counseling as a result of the offense.
12     Probation may be revoked or modified pursuant to Section
13 5-6-4; except where the court determines at the hearing that
14 the defendant violated a condition of his or her probation
15 restricting contact with the victim or other family members or
16 commits another offense with the victim or other family
17 members, the court shall revoke the defendant's probation and
18 impose a term of imprisonment.
19     For the purposes of this Section, "family member" and
20 "victim" shall have the meanings ascribed to them in Section
21 12-12 of the Criminal Code of 1961.
22     (f) This Article shall not deprive a court in other
23 proceedings to order a forfeiture of property, to suspend or
24 cancel a license, to remove a person from office, or to impose
25 any other civil penalty.
26     (g) Whenever a defendant is convicted of an offense under

 

 

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1 Sections 11-14, 11-15, 11-15.1, 11-16, 11-17, 11-18, 11-18.1,
2 11-19, 11-19.1, 11-19.2, 12-13, 12-14, 12-14.1, 12-15 or 12-16
3 of the Criminal Code of 1961, the defendant shall undergo
4 medical testing to determine whether the defendant has any
5 sexually transmissible disease, including a test for infection
6 with human immunodeficiency virus (HIV) or any other identified
7 causative agent of acquired immunodeficiency syndrome (AIDS).
8 Any such medical test shall be performed only by appropriately
9 licensed medical practitioners and may include an analysis of
10 any bodily fluids as well as an examination of the defendant's
11 person. Except as otherwise provided by law, the results of
12 such test shall be kept strictly confidential by all medical
13 personnel involved in the testing and must be personally
14 delivered in a sealed envelope to the judge of the court in
15 which the conviction was entered for the judge's inspection in
16 camera. Acting in accordance with the best interests of the
17 victim and the public, the judge shall have the discretion to
18 determine to whom, if anyone, the results of the testing may be
19 revealed. The court shall notify the defendant of the test
20 results. The court shall also notify the victim if requested by
21 the victim, and if the victim is under the age of 15 and if
22 requested by the victim's parents or legal guardian, the court
23 shall notify the victim's parents or legal guardian of the test
24 results. The court shall provide information on the
25 availability of HIV testing and counseling at Department of
26 Public Health facilities to all parties to whom the results of

 

 

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1 the testing are revealed and shall direct the State's Attorney
2 to provide the information to the victim when possible. A
3 State's Attorney may petition the court to obtain the results
4 of any HIV test administered under this Section, and the court
5 shall grant the disclosure if the State's Attorney shows it is
6 relevant in order to prosecute a charge of criminal
7 transmission of HIV under Section 12-16.2 of the Criminal Code
8 of 1961 against the defendant. The court shall order that the
9 cost of any such test shall be paid by the county and may be
10 taxed as costs against the convicted defendant.
11     (g-5) When an inmate is tested for an airborne communicable
12 disease, as determined by the Illinois Department of Public
13 Health including but not limited to tuberculosis, the results
14 of the test shall be personally delivered by the warden or his
15 or her designee in a sealed envelope to the judge of the court
16 in which the inmate must appear for the judge's inspection in
17 camera if requested by the judge. Acting in accordance with the
18 best interests of those in the courtroom, the judge shall have
19 the discretion to determine what if any precautions need to be
20 taken to prevent transmission of the disease in the courtroom.
21     (h) Whenever a defendant is convicted of an offense under
22 Section 1 or 2 of the Hypodermic Syringes and Needles Act, the
23 defendant shall undergo medical testing to determine whether
24 the defendant has been exposed to human immunodeficiency virus
25 (HIV) or any other identified causative agent of acquired
26 immunodeficiency syndrome (AIDS). Except as otherwise provided

 

 

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1 by law, the results of such test shall be kept strictly
2 confidential by all medical personnel involved in the testing
3 and must be personally delivered in a sealed envelope to the
4 judge of the court in which the conviction was entered for the
5 judge's inspection in camera. Acting in accordance with the
6 best interests of the public, the judge shall have the
7 discretion to determine to whom, if anyone, the results of the
8 testing may be revealed. The court shall notify the defendant
9 of a positive test showing an infection with the human
10 immunodeficiency virus (HIV). The court shall provide
11 information on the availability of HIV testing and counseling
12 at Department of Public Health facilities to all parties to
13 whom the results of the testing are revealed and shall direct
14 the State's Attorney to provide the information to the victim
15 when possible. A State's Attorney may petition the court to
16 obtain the results of any HIV test administered under this
17 Section, and the court shall grant the disclosure if the
18 State's Attorney shows it is relevant in order to prosecute a
19 charge of criminal transmission of HIV under Section 12-16.2 of
20 the Criminal Code of 1961 against the defendant. The court
21 shall 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     (i) All fines and penalties imposed under this Section for
25 any violation of Chapters 3, 4, 6, and 11 of the Illinois
26 Vehicle Code, or a similar provision of a local ordinance, and

 

 

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1 any violation of the Child Passenger Protection Act, or a
2 similar provision of a local ordinance, shall be collected and
3 disbursed by the circuit clerk as provided under Section 27.5
4 of the Clerks of Courts Act.
5     (j) In cases when prosecution for any violation of Section
6 11-6, 11-8, 11-9, 11-11, 11-14, 11-15, 11-15.1, 11-16, 11-17,
7 11-17.1, 11-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 11-20.1,
8 11-21, 12-13, 12-14, 12-14.1, 12-15, or 12-16 of the Criminal
9 Code of 1961, any violation of the Illinois Controlled
10 Substances Act, any violation of the Cannabis Control Act, or
11 any violation of the Methamphetamine Control and Community
12 Protection Act results in conviction, a disposition of court
13 supervision, or an order of probation granted under Section 10
14 of the Cannabis Control Act, Section 410 of the Illinois
15 Controlled Substance Act, or Section 70 of the Methamphetamine
16 Control and Community Protection Act of a defendant, the court
17 shall determine whether the defendant is employed by a facility
18 or center as defined under the Child Care Act of 1969, a public
19 or private elementary or secondary school, or otherwise works
20 with children under 18 years of age on a daily basis. When a
21 defendant is so employed, the court shall order the Clerk of
22 the Court to send a copy of the judgment of conviction or order
23 of supervision or probation to the defendant's employer by
24 certified mail. If the employer of the defendant is a school,
25 the Clerk of the Court shall direct the mailing of a copy of
26 the judgment of conviction or order of supervision or probation

 

 

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1 to the appropriate regional superintendent of schools. The
2 regional superintendent of schools shall notify the State Board
3 of Education of any notification under this subsection.
4     (j-5) A defendant at least 17 years of age who is convicted
5 of a felony and who has not been previously convicted of a
6 misdemeanor or felony and who is sentenced to a term of
7 imprisonment in the Illinois Department of Corrections shall as
8 a condition of his or her sentence be required by the court to
9 attend educational courses designed to prepare the defendant
10 for a high school diploma and to work toward a high school
11 diploma or to work toward passing the high school level Test of
12 General Educational Development (GED) or to work toward
13 completing a vocational training program offered by the
14 Department of Corrections. If a defendant fails to complete the
15 educational training required by his or her sentence during the
16 term of incarceration, the Prisoner Review Board shall, as a
17 condition of mandatory supervised release, require the
18 defendant, at his or her own expense, to pursue a course of
19 study toward a high school diploma or passage of the GED test.
20 The Prisoner Review Board shall revoke the mandatory supervised
21 release of a defendant who wilfully fails to comply with this
22 subsection (j-5) upon his or her release from confinement in a
23 penal institution while serving a mandatory supervised release
24 term; however, the inability of the defendant after making a
25 good faith effort to obtain financial aid or pay for the
26 educational training shall not be deemed a wilful failure to

 

 

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1 comply. The Prisoner Review Board shall recommit the defendant
2 whose mandatory supervised release term has been revoked under
3 this subsection (j-5) as provided in Section 3-3-9. This
4 subsection (j-5) does not apply to a defendant who has a high
5 school diploma or has successfully passed the GED test. This
6 subsection (j-5) does not apply to a defendant who is
7 determined by the court to be developmentally disabled or
8 otherwise mentally incapable of completing the educational or
9 vocational program.
10     (k) A court may not impose a sentence or disposition for a
11 felony or misdemeanor that requires the defendant to be
12 implanted or injected with or to use any form of birth control.
13     (l) (A) Except as provided in paragraph (C) of subsection
14     (l), whenever a defendant, who is an alien as defined by
15     the Immigration and Nationality Act, is convicted of any
16     felony or misdemeanor offense, the court after sentencing
17     the defendant may, upon motion of the State's Attorney,
18     hold sentence in abeyance and remand the defendant to the
19     custody of the Attorney General of the United States or his
20     or her designated agent to be deported when:
21             (1) a final order of deportation has been issued
22         against the defendant pursuant to proceedings under
23         the Immigration and Nationality Act, and
24             (2) the deportation of the defendant would not
25         deprecate the seriousness of the defendant's conduct
26         and would not be inconsistent with the ends of justice.

 

 

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1         Otherwise, the defendant shall be sentenced as
2     provided in this Chapter V.
3         (B) If the defendant has already been sentenced for a
4     felony or misdemeanor offense, or has been placed on
5     probation under Section 10 of the Cannabis Control Act,
6     Section 410 of the Illinois Controlled Substances Act, or
7     Section 70 of the Methamphetamine Control and Community
8     Protection Act, the court may, upon motion of the State's
9     Attorney to suspend the sentence imposed, commit the
10     defendant to the custody of the Attorney General of the
11     United States or his or her designated agent when:
12             (1) a final order of deportation has been issued
13         against the defendant pursuant to proceedings under
14         the Immigration and Nationality Act, and
15             (2) the deportation of the defendant would not
16         deprecate the seriousness of the defendant's conduct
17         and would not be inconsistent with the ends of justice.
18         (C) This subsection (l) does not apply to offenders who
19     are subject to the provisions of paragraph (2) of
20     subsection (a) of Section 3-6-3.
21         (D) Upon motion of the State's Attorney, if a defendant
22     sentenced under this Section returns to the jurisdiction of
23     the United States, the defendant shall be recommitted to
24     the custody of the county from which he or she was
25     sentenced. Thereafter, the defendant shall be brought
26     before the sentencing court, which may impose any sentence

 

 

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1     that was available under Section 5-5-3 at the time of
2     initial sentencing. In addition, the defendant shall not be
3     eligible for additional good conduct credit for
4     meritorious service as provided under Section 3-6-6.
5     (m) A person convicted of criminal defacement of property
6 under Section 21-1.3 of the Criminal Code of 1961, in which the
7 property damage exceeds $300 and the property damaged is a
8 school building, shall be ordered to perform community service
9 that may include cleanup, removal, or painting over the
10 defacement.
11     (n) The court may sentence a person convicted of a
12 violation of Section 12-19, 12-21, or 16-1.3 of the Criminal
13 Code of 1961 (i) to an impact incarceration program if the
14 person is otherwise eligible for that program under Section
15 5-8-1.1, (ii) to community service, or (iii) if the person is
16 an addict or alcoholic, as defined in the Alcoholism and Other
17 Drug Abuse and Dependency Act, to a substance or alcohol abuse
18 program licensed under that Act.
19     (o) Whenever a person is convicted of a sex offense as
20 defined in Section 2 of the Sex Offender Registration Act, the
21 defendant's driver's license or permit shall be subject to
22 renewal on an annual basis in accordance with the provisions of
23 license renewal established by the Secretary of State.
24 (Source: P.A. 93-44, eff. 7-1-03; 93-156, eff. 1-1-04; 93-169,
25 eff. 7-10-03; 93-301, eff. 1-1-04; 93-419, eff. 1-1-04; 93-546,
26 eff. 1-1-04; 93-694, eff. 7-9-04; 93-782, eff. 1-1-05; 93-800,

 

 

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1 eff. 1-1-05; 93-1014, eff. 1-1-05; 94-72, eff. 1-1-06; 94-556,
2 eff. 9-11-05; 94-993, eff. 1-1-07.)
 
3     (Text of Section after amendment by P.A. 94-1035)
4     Sec. 5-5-3. Disposition.
5     (a) Except as provided in Section 11-501 of the Illinois
6 Vehicle Code, every person convicted of an offense shall be
7 sentenced as provided in this Section.
8     (b) The following options shall be appropriate
9 dispositions, alone or in combination, for all felonies and
10 misdemeanors other than those identified in subsection (c) of
11 this Section:
12         (1) A period of probation.
13         (2) A term of periodic imprisonment.
14         (3) A term of conditional discharge.
15         (4) A term of imprisonment.
16         (5) An order directing the offender to clean up and
17     repair the damage, if the offender was convicted under
18     paragraph (h) of Section 21-1 of the Criminal Code of 1961
19     (now repealed).
20         (6) A fine.
21         (7) An order directing the offender to make restitution
22     to the victim under Section 5-5-6 of this Code.
23         (8) A sentence of participation in a county impact
24     incarceration program under Section 5-8-1.2 of this Code.
25         (9) A term of imprisonment in combination with a term

 

 

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1     of probation when the offender has been admitted into a
2     drug court program under Section 20 of the Drug Court
3     Treatment Act.
4     Neither a fine nor restitution shall be the sole
5 disposition for a felony and either or both may be imposed only
6 in conjunction with another disposition.
7     (c) (1) When a defendant is found guilty of first degree
8     murder the State may either seek a sentence of imprisonment
9     under Section 5-8-1 of this Code, or where appropriate seek
10     a sentence of death under Section 9-1 of the Criminal Code
11     of 1961.
12         (2) A period of probation, a term of periodic
13     imprisonment or conditional discharge shall not be imposed
14     for the following offenses. The court shall sentence the
15     offender to not less than the minimum term of imprisonment
16     set forth in this Code for the following offenses, and may
17     order a fine or restitution or both in conjunction with
18     such term of imprisonment:
19             (A) First degree murder where the death penalty is
20         not imposed.
21             (B) Attempted first degree murder.
22             (C) A Class X felony.
23             (D) A violation of Section 401.1 or 407 of the
24         Illinois Controlled Substances Act, or a violation of
25         subdivision (c)(1) or (c)(2) of Section 401 of that Act
26         which relates to more than 5 grams of a substance

 

 

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1         containing heroin or cocaine or an analog thereof.
2             (E) A violation of Section 5.1 or 9 of the Cannabis
3         Control Act.
4             (F) A Class 2 or greater felony if the offender had
5         been convicted of a Class 2 or greater felony within 10
6         years of the date on which the offender committed the
7         offense for which he or she is being sentenced, except
8         as otherwise provided in Section 40-10 of the
9         Alcoholism and Other Drug Abuse and Dependency Act.
10             (F-5) A violation of Section 24-1, 24-1.1, or
11         24-1.6 of the Criminal Code of 1961 for which
12         imprisonment is prescribed in those Sections.
13             (G) Residential burglary, except as otherwise
14         provided in Section 40-10 of the Alcoholism and Other
15         Drug Abuse and Dependency Act.
16             (H) Criminal sexual assault.
17             (I) Aggravated battery of a senior citizen.
18             (J) A forcible felony if the offense was related to
19         the activities of an organized gang.
20             Before July 1, 1994, for the purposes of this
21         paragraph, "organized gang" means an association of 5
22         or more persons, with an established hierarchy, that
23         encourages members of the association to perpetrate
24         crimes or provides support to the members of the
25         association who do commit crimes.
26             Beginning July 1, 1994, for the purposes of this

 

 

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1         paragraph, "organized gang" has the meaning ascribed
2         to it in Section 10 of the Illinois Streetgang
3         Terrorism Omnibus Prevention Act.
4             (K) Vehicular hijacking.
5             (L) A second or subsequent conviction for the
6         offense of hate crime when the underlying offense upon
7         which the hate crime is based is felony aggravated
8         assault or felony mob action.
9             (M) A second or subsequent conviction for the
10         offense of institutional vandalism if the damage to the
11         property exceeds $300.
12             (N) A Class 3 felony violation of paragraph (1) of
13         subsection (a) of Section 2 of the Firearm Owners
14         Identification Card Act.
15             (O) A violation of Section 12-6.1 of the Criminal
16         Code of 1961.
17             (P) A violation of paragraph (1), (2), (3), (4),
18         (5), or (7) of subsection (a) of Section 11-20.1 of the
19         Criminal Code of 1961.
20             (Q) A violation of Section 20-1.2 or 20-1.3 of the
21         Criminal Code of 1961.
22             (R) A violation of Section 24-3A of the Criminal
23         Code of 1961.
24             (S) (Blank).
25             (T) A second or subsequent violation of the
26         Methamphetamine Control and Community Protection Act.

 

 

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1         (3) (Blank).
2         (4) A minimum term of imprisonment of not less than 10
3     consecutive days or 30 days of community service shall be
4     imposed for a violation of paragraph (c) of Section 6-303
5     of the Illinois Vehicle Code.
6         (4.1) (Blank).
7         (4.2) Except as provided in paragraph (4.3) of this
8     subsection (c), a minimum of 100 hours of community service
9     shall be imposed for a second violation of Section 6-303 of
10     the Illinois Vehicle Code.
11         (4.3) A minimum term of imprisonment of 30 days or 300
12     hours of community service, as determined by the court,
13     shall be imposed for a second violation of subsection (c)
14     of Section 6-303 of the Illinois Vehicle Code.
15         (4.4) Except as provided in paragraph (4.5) and
16     paragraph (4.6) of this subsection (c), a minimum term of
17     imprisonment of 30 days or 300 hours of community service,
18     as determined by the court, shall be imposed for a third or
19     subsequent violation of Section 6-303 of the Illinois
20     Vehicle Code.
21         (4.5) A minimum term of imprisonment of 30 days shall
22     be imposed for a third violation of subsection (c) of
23     Section 6-303 of the Illinois Vehicle Code.
24         (4.6) A minimum term of imprisonment of 180 days shall
25     be imposed for a fourth or subsequent violation of
26     subsection (c) of Section 6-303 of the Illinois Vehicle

 

 

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1     Code.
2         (5) The court may sentence an offender convicted of a
3     business offense or a petty offense or a corporation or
4     unincorporated association convicted of any offense to:
5             (A) a period of conditional discharge;
6             (B) a fine;
7             (C) make restitution to the victim under Section
8         5-5-6 of this Code.
9         (5.1) In addition to any penalties imposed under
10     paragraph (5) of this subsection (c), and except as
11     provided in paragraph (5.2) or (5.3), a person convicted of
12     violating subsection (c) of Section 11-907 of the Illinois
13     Vehicle Code shall have his or her driver's license,
14     permit, or privileges suspended for at least 90 days but
15     not more than one year, if the violation resulted in damage
16     to the property of another person.
17         (5.2) In addition to any penalties imposed under
18     paragraph (5) of this subsection (c), and except as
19     provided in paragraph (5.3), a person convicted of
20     violating subsection (c) of Section 11-907 of the Illinois
21     Vehicle Code shall have his or her driver's license,
22     permit, or privileges suspended for at least 180 days but
23     not more than 2 years, if the violation resulted in injury
24     to another person.
25         (5.3) In addition to any penalties imposed under
26     paragraph (5) of this subsection (c), a person convicted of

 

 

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1     violating subsection (c) of Section 11-907 of the Illinois
2     Vehicle Code shall have his or her driver's license,
3     permit, or privileges suspended for 2 years, if the
4     violation resulted in the death of another person.
5         (5.4) In addition to any penalties imposed under
6     paragraph (5) of this subsection (c), a person convicted of
7     violating Section 3-707 of the Illinois Vehicle Code shall
8     have his or her driver's license, permit, or privileges
9     suspended for 3 months and until he or she has paid a
10     reinstatement fee of $100.
11         (5.5) In addition to any penalties imposed under
12     paragraph (5) of this subsection (c), a person convicted of
13     violating Section 3-707 of the Illinois Vehicle Code during
14     a period in which his or her driver's license, permit, or
15     privileges were suspended for a previous violation of that
16     Section shall have his or her driver's license, permit, or
17     privileges suspended for an additional 6 months after the
18     expiration of the original 3-month suspension and until he
19     or she has paid a reinstatement fee of $100.
20         (6) In no case shall an offender be eligible for a
21     disposition of probation or conditional discharge for a
22     Class 1 felony committed while he was serving a term of
23     probation or conditional discharge for a felony.
24         (7) When a defendant is adjudged a habitual criminal
25     under Article 33B of the Criminal Code of 1961, the court
26     shall sentence the defendant to a term of natural life

 

 

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1     imprisonment.
2         (8) When a defendant, over the age of 21 years, is
3     convicted of a Class 1 or Class 2 felony, after having
4     twice been convicted in any state or federal court of an
5     offense that contains the same elements as an offense now
6     classified in Illinois as a Class 2 or greater Class felony
7     and such charges are separately brought and tried and arise
8     out of different series of acts, such defendant shall be
9     sentenced as a Class X offender. This paragraph shall not
10     apply unless (1) the first felony was committed after the
11     effective date of this amendatory Act of 1977; and (2) the
12     second felony was committed after conviction on the first;
13     and (3) the third felony was committed after conviction on
14     the second. A person sentenced as a Class X offender under
15     this paragraph is not eligible to apply for treatment as a
16     condition of probation as provided by Section 40-10 of the
17     Alcoholism and Other Drug Abuse and Dependency Act.
18         (9) A defendant convicted of a second or subsequent
19     offense of ritualized abuse of a child may be sentenced to
20     a term of natural life imprisonment.
21         (10) (Blank).
22         (11) The court shall impose a minimum fine of $1,000
23     for a first offense and $2,000 for a second or subsequent
24     offense upon a person convicted of or placed on supervision
25     for battery when the individual harmed was a sports
26     official or coach at any level of competition and the act

 

 

HB0132 - 28 - LRB095 04008 RLC 24042 b

1     causing harm to the sports official or coach occurred
2     within an athletic facility or within the immediate
3     vicinity of the athletic facility at which the sports
4     official or coach was an active participant of the athletic
5     contest held at the athletic facility. For the purposes of
6     this paragraph (11), "sports official" means a person at an
7     athletic contest who enforces the rules of the contest,
8     such as an umpire or referee; "athletic facility" means an
9     indoor or outdoor playing field or recreational area where
10     sports activities are conducted; and "coach" means a person
11     recognized as a coach by the sanctioning authority that
12     conducted the sporting event.
13         (12) A person may not receive a disposition of court
14     supervision for a violation of Section 5-16 of the Boat
15     Registration and Safety Act if that person has previously
16     received a disposition of court supervision for a violation
17     of that Section.
18         (13) A person convicted of or placed on court
19     supervision for an assault or aggravated assault when the
20     victim and the offender are family or household members as
21     defined in Section 103 of the Illinois Domestic Violence
22     Act of 1986 or convicted of domestic battery or aggravated
23     domestic battery shall be required to attend anger
24     management classes under such terms and conditions imposed
25     by the court. The costs of such classes shall be paid by
26     the offender.

 

 

HB0132 - 29 - LRB095 04008 RLC 24042 b

1     (d) In any case in which a sentence originally imposed is
2 vacated, the case shall be remanded to the trial court. The
3 trial court shall hold a hearing under Section 5-4-1 of the
4 Unified Code of Corrections which may include evidence of the
5 defendant's life, moral character and occupation during the
6 time since the original sentence was passed. The trial court
7 shall then impose sentence upon the defendant. The trial court
8 may impose any sentence which could have been imposed at the
9 original trial subject to Section 5-5-4 of the Unified Code of
10 Corrections. If a sentence is vacated on appeal or on
11 collateral attack due to the failure of the trier of fact at
12 trial to determine beyond a reasonable doubt the existence of a
13 fact (other than a prior conviction) necessary to increase the
14 punishment for the offense beyond the statutory maximum
15 otherwise applicable, either the defendant may be re-sentenced
16 to a term within the range otherwise provided or, if the State
17 files notice of its intention to again seek the extended
18 sentence, the defendant shall be afforded a new trial.
19     (e) In cases where prosecution for aggravated criminal
20 sexual abuse under Section 12-16 of the Criminal Code of 1961
21 results in conviction of a defendant who was a family member of
22 the victim at the time of the commission of the offense, the
23 court shall consider the safety and welfare of the victim and
24 may impose a sentence of probation only where:
25         (1) the court finds (A) or (B) or both are appropriate:
26             (A) the defendant is willing to undergo a court

 

 

HB0132 - 30 - LRB095 04008 RLC 24042 b

1         approved counseling program for a minimum duration of 2
2         years; or
3             (B) the defendant is willing to participate in a
4         court approved plan including but not limited to the
5         defendant's:
6                 (i) removal from the household;
7                 (ii) restricted contact with the victim;
8                 (iii) continued financial support of the
9             family;
10                 (iv) restitution for harm done to the victim;
11             and
12                 (v) compliance with any other measures that
13             the court may deem appropriate; and
14         (2) the court orders the defendant to pay for the
15     victim's counseling services, to the extent that the court
16     finds, after considering the defendant's income and
17     assets, that the defendant is financially capable of paying
18     for such services, if the victim was under 18 years of age
19     at the time the offense was committed and requires
20     counseling as a result of the offense.
21     Probation may be revoked or modified pursuant to Section
22 5-6-4; except where the court determines at the hearing that
23 the defendant violated a condition of his or her probation
24 restricting contact with the victim or other family members or
25 commits another offense with the victim or other family
26 members, the court shall revoke the defendant's probation and

 

 

HB0132 - 31 - LRB095 04008 RLC 24042 b

1 impose a term of imprisonment.
2     For the purposes of this Section, "family member" and
3 "victim" shall have the meanings ascribed to them in Section
4 12-12 of the Criminal Code of 1961.
5     (f) This Article shall not deprive a court in other
6 proceedings to order a forfeiture of property, to suspend or
7 cancel a license, to remove a person from office, or to impose
8 any other civil penalty.
9     (g) Whenever a defendant is convicted of an offense under
10 Sections 11-14, 11-15, 11-15.1, 11-16, 11-17, 11-18, 11-18.1,
11 11-19, 11-19.1, 11-19.2, 12-13, 12-14, 12-14.1, 12-15 or 12-16
12 of the Criminal Code of 1961, the defendant shall undergo
13 medical testing to determine whether the defendant has any
14 sexually transmissible disease, including a test for infection
15 with human immunodeficiency virus (HIV) or any other identified
16 causative agent of acquired immunodeficiency syndrome (AIDS).
17 Any such medical test shall be performed only by appropriately
18 licensed medical practitioners and may include an analysis of
19 any bodily fluids as well as an examination of the defendant's
20 person. Except as otherwise provided by law, the results of
21 such test shall be kept strictly confidential by all medical
22 personnel involved in the testing and must be personally
23 delivered in a sealed envelope to the judge of the court in
24 which the conviction was entered for the judge's inspection in
25 camera. Acting in accordance with the best interests of the
26 victim and the public, the judge shall have the discretion to

 

 

HB0132 - 32 - LRB095 04008 RLC 24042 b

1 determine to whom, if anyone, the results of the testing may be
2 revealed. The court shall notify the defendant of the test
3 results. The court shall also notify the victim if requested by
4 the victim, and if the victim is under the age of 15 and if
5 requested by the victim's parents or legal guardian, the court
6 shall notify the victim's parents or legal guardian of the test
7 results. The court shall provide information on the
8 availability of HIV testing and counseling at Department of
9 Public Health facilities to all parties to whom the results of
10 the testing are revealed and shall direct the State's Attorney
11 to provide the information to the victim when possible. A
12 State's Attorney may petition the court to obtain the results
13 of any HIV test administered under this Section, and the court
14 shall grant the disclosure if the State's Attorney shows it is
15 relevant in order to prosecute a charge of criminal
16 transmission of HIV under Section 12-16.2 of the Criminal Code
17 of 1961 against the defendant. The court shall order that the
18 cost of any such test shall be paid by the county and may be
19 taxed as costs against the convicted defendant.
20     (g-5) When an inmate is tested for an airborne communicable
21 disease, as determined by the Illinois Department of Public
22 Health including but not limited to tuberculosis, the results
23 of the test shall be personally delivered by the warden or his
24 or her designee in a sealed envelope to the judge of the court
25 in which the inmate must appear for the judge's inspection in
26 camera if requested by the judge. Acting in accordance with the

 

 

HB0132 - 33 - LRB095 04008 RLC 24042 b

1 best interests of those in the courtroom, the judge shall have
2 the discretion to determine what if any precautions need to be
3 taken to prevent transmission of the disease in the courtroom.
4     (h) Whenever a defendant is convicted of an offense under
5 Section 1 or 2 of the Hypodermic Syringes and Needles Act, the
6 defendant shall undergo medical testing to determine whether
7 the defendant has been exposed to human immunodeficiency virus
8 (HIV) or any other identified causative agent of acquired
9 immunodeficiency syndrome (AIDS). Except as otherwise provided
10 by law, the results of such test shall be kept strictly
11 confidential by all medical personnel involved in the testing
12 and must be personally delivered in a sealed envelope to the
13 judge of the court in which the conviction was entered for the
14 judge's inspection in camera. Acting in accordance with the
15 best interests of the public, the judge shall have the
16 discretion to determine to whom, if anyone, the results of the
17 testing may be revealed. The court shall notify the defendant
18 of a positive test showing an infection with the human
19 immunodeficiency virus (HIV). The court shall provide
20 information on the availability of HIV testing and counseling
21 at Department of Public Health facilities to all parties to
22 whom the results of the testing are revealed and shall direct
23 the State's Attorney to provide the information to the victim
24 when possible. A State's Attorney may petition the court to
25 obtain the results of any HIV test administered under this
26 Section, and the court shall grant the disclosure if the

 

 

HB0132 - 34 - LRB095 04008 RLC 24042 b

1 State's Attorney shows it is relevant in order to prosecute a
2 charge of criminal transmission of HIV under Section 12-16.2 of
3 the Criminal Code of 1961 against the defendant. The court
4 shall order that the cost of any such test shall be paid by the
5 county and may be taxed as costs against the convicted
6 defendant.
7     (i) All fines and penalties imposed under this Section for
8 any violation of Chapters 3, 4, 6, and 11 of the Illinois
9 Vehicle Code, or a similar provision of a local ordinance, and
10 any violation of the Child Passenger Protection Act, or a
11 similar provision of a local ordinance, shall be collected and
12 disbursed by the circuit clerk as provided under Section 27.5
13 of the Clerks of Courts Act.
14     (j) In cases when prosecution for any violation of Section
15 11-6, 11-8, 11-9, 11-11, 11-14, 11-15, 11-15.1, 11-16, 11-17,
16 11-17.1, 11-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 11-20.1,
17 11-21, 12-13, 12-14, 12-14.1, 12-15, or 12-16 of the Criminal
18 Code of 1961, any violation of the Illinois Controlled
19 Substances Act, any violation of the Cannabis Control Act, or
20 any violation of the Methamphetamine Control and Community
21 Protection Act results in conviction, a disposition of court
22 supervision, or an order of probation granted under Section 10
23 of the Cannabis Control Act, Section 410 of the Illinois
24 Controlled Substance Act, or Section 70 of the Methamphetamine
25 Control and Community Protection Act of a defendant, the court
26 shall determine whether the defendant is employed by a facility

 

 

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1 or center as defined under the Child Care Act of 1969, a public
2 or private elementary or secondary school, or otherwise works
3 with children under 18 years of age on a daily basis. When a
4 defendant is so employed, the court shall order the Clerk of
5 the Court to send a copy of the judgment of conviction or order
6 of supervision or probation to the defendant's employer by
7 certified mail. If the employer of the defendant is a school,
8 the Clerk of the Court shall direct the mailing of a copy of
9 the judgment of conviction or order of supervision or probation
10 to the appropriate regional superintendent of schools. The
11 regional superintendent of schools shall notify the State Board
12 of Education of any notification under this subsection.
13     (j-5) A defendant at least 17 years of age who is convicted
14 of a felony and who has not been previously convicted of a
15 misdemeanor or felony and who is sentenced to a term of
16 imprisonment in the Illinois Department of Corrections shall as
17 a condition of his or her sentence be required by the court to
18 attend educational courses designed to prepare the defendant
19 for a high school diploma and to work toward a high school
20 diploma or to work toward passing the high school level Test of
21 General Educational Development (GED) or to work toward
22 completing a vocational training program offered by the
23 Department of Corrections. If a defendant fails to complete the
24 educational training required by his or her sentence during the
25 term of incarceration, the Prisoner Review Board shall, as a
26 condition of mandatory supervised release, require the

 

 

HB0132 - 36 - LRB095 04008 RLC 24042 b

1 defendant, at his or her own expense, to pursue a course of
2 study toward a high school diploma or passage of the GED test.
3 The Prisoner Review Board shall revoke the mandatory supervised
4 release of a defendant who wilfully fails to comply with this
5 subsection (j-5) upon his or her release from confinement in a
6 penal institution while serving a mandatory supervised release
7 term; however, the inability of the defendant after making a
8 good faith effort to obtain financial aid or pay for the
9 educational training shall not be deemed a wilful failure to
10 comply. The Prisoner Review Board shall recommit the defendant
11 whose mandatory supervised release term has been revoked under
12 this subsection (j-5) as provided in Section 3-3-9. This
13 subsection (j-5) does not apply to a defendant who has a high
14 school diploma or has successfully passed the GED test. This
15 subsection (j-5) does not apply to a defendant who is
16 determined by the court to be developmentally disabled or
17 otherwise mentally incapable of completing the educational or
18 vocational program.
19     (k) A court may not impose a sentence or disposition for a
20 felony or misdemeanor that requires the defendant to be
21 implanted or injected with or to use any form of birth control.
22     (l) (A) Except as provided in paragraph (C) of subsection
23     (l), whenever a defendant, who is an alien as defined by
24     the Immigration and Nationality Act, is convicted of any
25     felony or misdemeanor offense, the court after sentencing
26     the defendant may, upon motion of the State's Attorney,

 

 

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1     hold sentence in abeyance and remand the defendant to the
2     custody of the Attorney General of the United States or his
3     or her designated agent to be deported when:
4             (1) a final order of deportation has been issued
5         against the defendant pursuant to proceedings under
6         the Immigration and Nationality Act, and
7             (2) the deportation of the defendant would not
8         deprecate the seriousness of the defendant's conduct
9         and would not be inconsistent with the ends of justice.
10         Otherwise, the defendant shall be sentenced as
11     provided in this Chapter V.
12         (B) If the defendant has already been sentenced for a
13     felony or misdemeanor offense, or has been placed on
14     probation under Section 10 of the Cannabis Control Act,
15     Section 410 of the Illinois Controlled Substances Act, or
16     Section 70 of the Methamphetamine Control and Community
17     Protection Act, the court may, upon motion of the State's
18     Attorney to suspend the sentence imposed, commit the
19     defendant to the custody of the Attorney General of the
20     United States or his or her designated agent when:
21             (1) a final order of deportation has been issued
22         against the defendant pursuant to proceedings under
23         the Immigration and Nationality Act, and
24             (2) the deportation of the defendant would not
25         deprecate the seriousness of the defendant's conduct
26         and would not be inconsistent with the ends of justice.

 

 

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1         (C) This subsection (l) does not apply to offenders who
2     are subject to the provisions of paragraph (2) of
3     subsection (a) of Section 3-6-3.
4         (D) Upon motion of the State's Attorney, if a defendant
5     sentenced under this Section returns to the jurisdiction of
6     the United States, the defendant shall be recommitted to
7     the custody of the county from which he or she was
8     sentenced. Thereafter, the defendant shall be brought
9     before the sentencing court, which may impose any sentence
10     that was available under Section 5-5-3 at the time of
11     initial sentencing. In addition, the defendant shall not be
12     eligible for additional good conduct credit for
13     meritorious service as provided under Section 3-6-6.
14     (m) A person convicted of criminal defacement of property
15 under Section 21-1.3 of the Criminal Code of 1961, in which the
16 property damage exceeds $300 and the property damaged is a
17 school building, shall be ordered to perform community service
18 that may include cleanup, removal, or painting over the
19 defacement.
20     (n) The court may sentence a person convicted of a
21 violation of Section 12-19, 12-21, or 16-1.3 of the Criminal
22 Code of 1961 (i) to an impact incarceration program if the
23 person is otherwise eligible for that program under Section
24 5-8-1.1, (ii) to community service, or (iii) if the person is
25 an addict or alcoholic, as defined in the Alcoholism and Other
26 Drug Abuse and Dependency Act, to a substance or alcohol abuse

 

 

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1 program licensed under that Act.
2     (o) Whenever a person is convicted of a sex offense as
3 defined in Section 2 of the Sex Offender Registration Act, the
4 defendant's driver's license or permit shall be subject to
5 renewal on an annual basis in accordance with the provisions of
6 license renewal established by the Secretary of State.
7 (Source: P.A. 93-44, eff. 7-1-03; 93-156, eff. 1-1-04; 93-169,
8 eff. 7-10-03; 93-301, eff. 1-1-04; 93-419, eff. 1-1-04; 93-546,
9 eff. 1-1-04; 93-694, eff. 7-9-04; 93-782, eff. 1-1-05; 93-800,
10 eff. 1-1-05; 93-1014, eff. 1-1-05; 94-72, eff. 1-1-06; 94-556,
11 eff. 9-11-05; 94-993, eff. 1-1-07; 94-1035, eff. 7-1-07;
12 revised 8-28-06.)
 
13     Section 95. No acceleration or delay. Where this Act makes
14 changes in a statute that is represented in this Act by text
15 that is not yet or no longer in effect (for example, a Section
16 represented by multiple versions), the use of that text does
17 not accelerate or delay the taking effect of (i) the changes
18 made by this Act or (ii) provisions derived from any other
19 Public Act.
 
20     Section 99. Effective date. This Act takes effect upon
21 becoming law.