95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
SB1505

 

Introduced 2/9/2007, by Sen. James A. DeLeo

 

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

    Amends the Unified Code of Corrections. Provides that when a defendant is convicted of battery or aggravated battery, the defendant shall undergo medical testing to determine whether the defendant has any sexually transmissible disease, including a test for infection with human immunodeficiency virus (HIV) or any other identified causative agent of acquired immunodeficiency syndrome (AIDS). Provides that the court may order disclosure to a State's Attorney of the results of the test if the State's Attorney shows that it is relevant in order to prosecute any offense in which the exchange of bodily fluids occurs. Effective immediately.


LRB095 10174 RLC 30388 b

FISCAL NOTE ACT MAY APPLY
STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT

 

 

A BILL FOR

 

SB1505 LRB095 10174 RLC 30388 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23     (now repealed).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     (d) In any case in which a sentence originally imposed is
10 vacated, the case shall be remanded to the trial court. The
11 trial court shall hold a hearing under Section 5-4-1 of the
12 Unified Code of Corrections which may include evidence of the
13 defendant's life, moral character and occupation during the
14 time since the original sentence was passed. The trial court
15 shall then impose sentence upon the defendant. The trial court
16 may impose any sentence which could have been imposed at the
17 original trial subject to Section 5-5-4 of the Unified Code of
18 Corrections. If a sentence is vacated on appeal or on
19 collateral attack due to the failure of the trier of fact at
20 trial to determine beyond a reasonable doubt the existence of a
21 fact (other than a prior conviction) necessary to increase the
22 punishment for the offense beyond the statutory maximum
23 otherwise applicable, either the defendant may be re-sentenced
24 to a term within the range otherwise provided or, if the State
25 files notice of its intention to again seek the extended
26 sentence, the defendant shall be afforded a new trial.

 

 

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1     (e) In cases where prosecution for aggravated criminal
2 sexual abuse under Section 12-16 of the Criminal Code of 1961
3 results in conviction of a defendant who was a family member of
4 the victim at the time of the commission of the offense, the
5 court shall consider the safety and welfare of the victim and
6 may impose a sentence of probation only where:
7         (1) the court finds (A) or (B) or both are appropriate:
8             (A) the defendant is willing to undergo a court
9         approved counseling program for a minimum duration of 2
10         years; or
11             (B) the defendant is willing to participate in a
12         court approved plan including but not limited to the
13         defendant's:
14                 (i) removal from the household;
15                 (ii) restricted contact with the victim;
16                 (iii) continued financial support of the
17             family;
18                 (iv) restitution for harm done to the victim;
19             and
20                 (v) compliance with any other measures that
21             the court may deem appropriate; and
22         (2) the court orders the defendant to pay for the
23     victim's counseling services, to the extent that the court
24     finds, after considering the defendant's income and
25     assets, that the defendant is financially capable of paying
26     for such services, if the victim was under 18 years of age

 

 

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1     at the time the offense was committed and requires
2     counseling as a result of the offense.
3     Probation may be revoked or modified pursuant to Section
4 5-6-4; except where the court determines at the hearing that
5 the defendant violated a condition of his or her probation
6 restricting contact with the victim or other family members or
7 commits another offense with the victim or other family
8 members, the court shall revoke the defendant's probation and
9 impose a term of imprisonment.
10     For the purposes of this Section, "family member" and
11 "victim" shall have the meanings ascribed to them in Section
12 12-12 of the Criminal Code of 1961.
13     (f) This Article shall not deprive a court in other
14 proceedings to order a forfeiture of property, to suspend or
15 cancel a license, to remove a person from office, or to impose
16 any other civil penalty.
17     (g) Whenever a defendant is convicted of an offense under
18 Sections 11-14, 11-15, 11-15.1, 11-16, 11-17, 11-18, 11-18.1,
19 11-19, 11-19.1, 11-19.2, 12-3, 12-4, 12-13, 12-14, 12-14.1,
20 12-15 or 12-16 of the Criminal Code of 1961, the defendant
21 shall undergo medical testing to determine whether the
22 defendant has any sexually transmissible disease, including a
23 test for infection with human immunodeficiency virus (HIV) or
24 any other identified causative agent of acquired
25 immunodeficiency syndrome (AIDS). Any such medical test shall
26 be performed only by appropriately licensed medical

 

 

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1 practitioners and may include an analysis of any bodily fluids
2 as well as an examination of the defendant's person. Except as
3 otherwise provided by law, the results of such test shall be
4 kept strictly confidential by all medical personnel involved in
5 the testing and must be personally delivered in a sealed
6 envelope to the judge of the court in which the conviction was
7 entered for the judge's inspection in camera. Acting in
8 accordance with the best interests of the victim and the
9 public, the judge shall have the discretion to determine to
10 whom, if anyone, the results of the testing may be revealed.
11 The court shall notify the defendant of the test results. The
12 court shall also notify the victim if requested by the victim,
13 and if the victim is under the age of 15 and if requested by the
14 victim's parents or legal guardian, the court shall notify the
15 victim's parents or legal guardian of the test results. The
16 court shall provide information on the availability of HIV
17 testing and counseling at Department of Public Health
18 facilities to all parties to whom the results of the testing
19 are revealed and shall direct the State's Attorney to provide
20 the information to the victim when possible. A State's Attorney
21 may petition the court to obtain the results of any HIV test
22 administered under this Section, and the court shall grant the
23 disclosure if the State's Attorney shows it is relevant in
24 order to prosecute a charge of criminal transmission of HIV
25 under Section 12-16.2 of the Criminal Code of 1961 or any other
26 offense in which the exchange of bodily fluids occurs against

 

 

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1 the defendant. The court shall order that the cost of any such
2 test shall be paid by the county and may be taxed as costs
3 against the convicted defendant.
4     (g-5) When an inmate is tested for an airborne communicable
5 disease, as determined by the Illinois Department of Public
6 Health including but not limited to tuberculosis, the results
7 of the test shall be personally delivered by the warden or his
8 or her designee in a sealed envelope to the judge of the court
9 in which the inmate must appear for the judge's inspection in
10 camera if requested by the judge. Acting in accordance with the
11 best interests of those in the courtroom, the judge shall have
12 the discretion to determine what if any precautions need to be
13 taken to prevent transmission of the disease in the courtroom.
14     (h) Whenever a defendant is convicted of an offense under
15 Section 1 or 2 of the Hypodermic Syringes and Needles Act, the
16 defendant shall undergo medical testing to determine whether
17 the defendant has been exposed to human immunodeficiency virus
18 (HIV) or any other identified causative agent of acquired
19 immunodeficiency syndrome (AIDS). Except as otherwise provided
20 by law, the results of such test shall be kept strictly
21 confidential by all medical personnel involved in the testing
22 and must be personally delivered in a sealed envelope to the
23 judge of the court in which the conviction was entered for the
24 judge's inspection in camera. Acting in accordance with the
25 best interests of the public, the judge shall have the
26 discretion to determine to whom, if anyone, the results of the

 

 

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1 testing may be revealed. The court shall notify the defendant
2 of a positive test showing an infection with the human
3 immunodeficiency virus (HIV). The court shall provide
4 information on the availability of HIV testing and counseling
5 at Department of Public Health facilities to all parties to
6 whom the results of the testing are revealed and shall direct
7 the State's Attorney to provide the information to the victim
8 when possible. A State's Attorney may petition the court to
9 obtain the results of any HIV test administered under this
10 Section, and the court shall grant the disclosure if the
11 State's Attorney shows it is relevant in order to prosecute a
12 charge of criminal transmission of HIV under Section 12-16.2 of
13 the Criminal Code of 1961 against the defendant. The court
14 shall order that the cost of any such test shall be paid by the
15 county and may be taxed as costs against the convicted
16 defendant.
17     (i) All fines and penalties imposed under this Section for
18 any violation of Chapters 3, 4, 6, and 11 of the Illinois
19 Vehicle Code, or a similar provision of a local ordinance, and
20 any violation of the Child Passenger Protection Act, or a
21 similar provision of a local ordinance, shall be collected and
22 disbursed by the circuit clerk as provided under Section 27.5
23 of the Clerks of Courts Act.
24     (j) In cases when prosecution for any violation of Section
25 11-6, 11-8, 11-9, 11-11, 11-14, 11-15, 11-15.1, 11-16, 11-17,
26 11-17.1, 11-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 11-20.1,

 

 

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1 11-21, 12-13, 12-14, 12-14.1, 12-15, or 12-16 of the Criminal
2 Code of 1961, any violation of the Illinois Controlled
3 Substances Act, any violation of the Cannabis Control Act, or
4 any violation of the Methamphetamine Control and Community
5 Protection Act results in conviction, a disposition of court
6 supervision, or an order of probation granted under Section 10
7 of the Cannabis Control Act, Section 410 of the Illinois
8 Controlled Substance Act, or Section 70 of the Methamphetamine
9 Control and Community Protection Act of a defendant, the court
10 shall determine whether the defendant is employed by a facility
11 or center as defined under the Child Care Act of 1969, a public
12 or private elementary or secondary school, or otherwise works
13 with children under 18 years of age on a daily basis. When a
14 defendant is so employed, the court shall order the Clerk of
15 the Court to send a copy of the judgment of conviction or order
16 of supervision or probation to the defendant's employer by
17 certified mail. If the employer of the defendant is a school,
18 the Clerk of the Court shall direct the mailing of a copy of
19 the judgment of conviction or order of supervision or probation
20 to the appropriate regional superintendent of schools. The
21 regional superintendent of schools shall notify the State Board
22 of Education of any notification under this subsection.
23     (j-5) A defendant at least 17 years of age who is convicted
24 of a felony and who has not been previously convicted of a
25 misdemeanor or felony and who is sentenced to a term of
26 imprisonment in the Illinois Department of Corrections shall as

 

 

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1 a condition of his or her sentence be required by the court to
2 attend educational courses designed to prepare the defendant
3 for a high school diploma and to work toward a high school
4 diploma or to work toward passing the high school level Test of
5 General Educational Development (GED) or to work toward
6 completing a vocational training program offered by the
7 Department of Corrections. If a defendant fails to complete the
8 educational training required by his or her sentence during the
9 term of incarceration, the Prisoner Review Board shall, as a
10 condition of mandatory supervised release, require the
11 defendant, at his or her own expense, to pursue a course of
12 study toward a high school diploma or passage of the GED test.
13 The Prisoner Review Board shall revoke the mandatory supervised
14 release of a defendant who wilfully fails to comply with this
15 subsection (j-5) upon his or her release from confinement in a
16 penal institution while serving a mandatory supervised release
17 term; however, the inability of the defendant after making a
18 good faith effort to obtain financial aid or pay for the
19 educational training shall not be deemed a wilful failure to
20 comply. The Prisoner Review Board shall recommit the defendant
21 whose mandatory supervised release term has been revoked under
22 this subsection (j-5) as provided in Section 3-3-9. This
23 subsection (j-5) does not apply to a defendant who has a high
24 school diploma or has successfully passed the GED test. This
25 subsection (j-5) does not apply to a defendant who is
26 determined by the court to be developmentally disabled or

 

 

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1 otherwise mentally incapable of completing the educational or
2 vocational program.
3     (k) A court may not impose a sentence or disposition for a
4 felony or misdemeanor that requires the defendant to be
5 implanted or injected with or to use any form of birth control.
6     (l) (A) Except as provided in paragraph (C) of subsection
7     (l), whenever a defendant, who is an alien as defined by
8     the Immigration and Nationality Act, is convicted of any
9     felony or misdemeanor offense, the court after sentencing
10     the defendant may, upon motion of the State's Attorney,
11     hold sentence in abeyance and remand the defendant to the
12     custody of the Attorney General of the United States or his
13     or her designated agent to be deported when:
14             (1) a final order of deportation has been issued
15         against the defendant pursuant to proceedings under
16         the Immigration and Nationality Act, and
17             (2) the deportation of the defendant would not
18         deprecate the seriousness of the defendant's conduct
19         and would not be inconsistent with the ends of justice.
20         Otherwise, the defendant shall be sentenced as
21     provided in this Chapter V.
22         (B) If the defendant has already been sentenced for a
23     felony or misdemeanor offense, or has been placed on
24     probation under Section 10 of the Cannabis Control Act,
25     Section 410 of the Illinois Controlled Substances Act, or
26     Section 70 of the Methamphetamine Control and Community

 

 

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1     Protection Act, the court may, upon motion of the State's
2     Attorney to suspend the sentence imposed, commit the
3     defendant to the custody of the Attorney General of the
4     United States or his or her designated agent when:
5             (1) a final order of deportation has been issued
6         against the defendant pursuant to proceedings under
7         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 justice.
11         (C) This subsection (l) does not apply to offenders who
12     are subject to the provisions of paragraph (2) of
13     subsection (a) of Section 3-6-3.
14         (D) Upon motion of the State's Attorney, if a defendant
15     sentenced under this Section returns to the jurisdiction of
16     the United States, the defendant shall be recommitted to
17     the custody of the county from which he or she was
18     sentenced. Thereafter, the defendant shall be brought
19     before the sentencing court, which may impose any sentence
20     that was available under Section 5-5-3 at the time of
21     initial sentencing. In addition, the defendant shall not be
22     eligible for additional good conduct credit for
23     meritorious service as provided under Section 3-6-6.
24     (m) A person convicted of criminal defacement of property
25 under Section 21-1.3 of the Criminal Code of 1961, in which the
26 property damage exceeds $300 and the property damaged is a

 

 

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1 school building, shall be ordered to perform community service
2 that may include cleanup, removal, or painting over the
3 defacement.
4     (n) The court may sentence a person convicted of a
5 violation of Section 12-19, 12-21, or 16-1.3 of the Criminal
6 Code of 1961 (i) to an impact incarceration program if the
7 person is otherwise eligible for that program under Section
8 5-8-1.1, (ii) to community service, or (iii) if the person is
9 an addict or alcoholic, as defined in the Alcoholism and Other
10 Drug Abuse and Dependency Act, to a substance or alcohol abuse
11 program licensed under that Act.
12     (o) Whenever a person is convicted of a sex offense as
13 defined in Section 2 of the Sex Offender Registration Act, the
14 defendant's driver's license or permit shall be subject to
15 renewal on an annual basis in accordance with the provisions of
16 license renewal established by the Secretary of State.
17 (Source: P.A. 93-44, eff. 7-1-03; 93-156, eff. 1-1-04; 93-169,
18 eff. 7-10-03; 93-301, eff. 1-1-04; 93-419, eff. 1-1-04; 93-546,
19 eff. 1-1-04; 93-694, eff. 7-9-04; 93-782, eff. 1-1-05; 93-800,
20 eff. 1-1-05; 93-1014, eff. 1-1-05; 94-72, eff. 1-1-06; 94-556,
21 eff. 9-11-05; 94-993, eff. 1-1-07.)
 
22     (Text of Section after amendment by P.A. 94-1035)
23     Sec. 5-5-3. Disposition.
24     (a) Except as provided in Section 11-501 of the Illinois
25 Vehicle Code, every person convicted of an offense shall be

 

 

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1 sentenced as provided in this Section.
2     (b) The following options shall be appropriate
3 dispositions, alone or in combination, for all felonies and
4 misdemeanors other than those identified in subsection (c) of
5 this Section:
6         (1) A period of probation.
7         (2) A term of periodic imprisonment.
8         (3) A term of conditional discharge.
9         (4) A term of imprisonment.
10         (5) An order directing the offender to clean up and
11     repair the damage, if the offender was convicted under
12     paragraph (h) of Section 21-1 of the Criminal Code of 1961
13     (now repealed).
14         (6) A fine.
15         (7) An order directing the offender to make restitution
16     to the victim under Section 5-5-6 of this Code.
17         (8) A sentence of participation in a county impact
18     incarceration program under Section 5-8-1.2 of this Code.
19         (9) A term of imprisonment in combination with a term
20     of probation when the offender has been admitted into a
21     drug court program under Section 20 of the Drug Court
22     Treatment Act.
23     Neither a fine nor restitution shall be the sole
24 disposition for a felony and either or both may be imposed only
25 in conjunction with another disposition.
26     (c) (1) When a defendant is found guilty of first degree

 

 

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1     murder the State may either seek a sentence of imprisonment
2     under Section 5-8-1 of this Code, or where appropriate seek
3     a sentence of death under Section 9-1 of the Criminal Code
4     of 1961.
5         (2) A period of probation, a term of periodic
6     imprisonment or conditional discharge shall not be imposed
7     for the following offenses. The court shall sentence the
8     offender to not less than the minimum term of imprisonment
9     set forth in this Code for the following offenses, and may
10     order a fine or restitution or both in conjunction with
11     such term of imprisonment:
12             (A) First degree murder where the death penalty is
13         not imposed.
14             (B) Attempted first degree murder.
15             (C) A Class X felony.
16             (D) A violation of Section 401.1 or 407 of the
17         Illinois Controlled Substances Act, or a violation of
18         subdivision (c)(1) or (c)(2) of Section 401 of that Act
19         which relates to more than 5 grams of a substance
20         containing heroin or cocaine or an analog thereof.
21             (E) A violation of Section 5.1 or 9 of the Cannabis
22         Control Act.
23             (F) A Class 2 or greater felony if the offender had
24         been convicted of a Class 2 or greater felony within 10
25         years of the date on which the offender committed the
26         offense for which he or she is being sentenced, except

 

 

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1         as otherwise provided in Section 40-10 of the
2         Alcoholism and Other Drug Abuse and Dependency Act.
3             (F-5) A violation of Section 24-1, 24-1.1, or
4         24-1.6 of the Criminal Code of 1961 for which
5         imprisonment is prescribed in those Sections.
6             (G) Residential burglary, except as otherwise
7         provided in Section 40-10 of the Alcoholism and Other
8         Drug Abuse and Dependency Act.
9             (H) Criminal sexual assault.
10             (I) Aggravated battery of a senior citizen.
11             (J) A forcible felony if the offense was related to
12         the activities of an organized gang.
13             Before July 1, 1994, for the purposes of this
14         paragraph, "organized gang" means an association of 5
15         or more persons, with an established hierarchy, that
16         encourages members of the association to perpetrate
17         crimes or provides support to the members of the
18         association who do commit crimes.
19             Beginning July 1, 1994, for the purposes of this
20         paragraph, "organized gang" has the meaning ascribed
21         to it in Section 10 of the Illinois Streetgang
22         Terrorism Omnibus Prevention Act.
23             (K) Vehicular hijacking.
24             (L) A second or subsequent conviction for the
25         offense of hate crime when the underlying offense upon
26         which the hate crime is based is felony aggravated

 

 

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1         assault or felony mob action.
2             (M) A second or subsequent conviction for the
3         offense of institutional vandalism if the damage to the
4         property exceeds $300.
5             (N) A Class 3 felony violation of paragraph (1) of
6         subsection (a) of Section 2 of the Firearm Owners
7         Identification Card Act.
8             (O) A violation of Section 12-6.1 of the Criminal
9         Code of 1961.
10             (P) A violation of paragraph (1), (2), (3), (4),
11         (5), or (7) of subsection (a) of Section 11-20.1 of the
12         Criminal Code of 1961.
13             (Q) A violation of Section 20-1.2 or 20-1.3 of the
14         Criminal Code of 1961.
15             (R) A violation of Section 24-3A of the Criminal
16         Code of 1961.
17             (S) (Blank).
18             (T) A second or subsequent violation of the
19         Methamphetamine Control and Community Protection Act.
20         (3) (Blank).
21         (4) A minimum term of imprisonment of not less than 10
22     consecutive days or 30 days of community service shall be
23     imposed for a violation of paragraph (c) of Section 6-303
24     of the Illinois Vehicle Code.
25         (4.1) (Blank).
26         (4.2) Except as provided in paragraph (4.3) of this

 

 

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1     subsection (c), a minimum of 100 hours of community service
2     shall be imposed for a second violation of Section 6-303 of
3     the Illinois Vehicle Code.
4         (4.3) A minimum term of imprisonment of 30 days or 300
5     hours of community service, as determined by the court,
6     shall be imposed for a second violation of subsection (c)
7     of Section 6-303 of the Illinois Vehicle Code.
8         (4.4) Except as provided in paragraph (4.5) and
9     paragraph (4.6) of this subsection (c), a minimum term of
10     imprisonment of 30 days or 300 hours of community service,
11     as determined by the court, shall be imposed for a third or
12     subsequent violation of Section 6-303 of the Illinois
13     Vehicle Code.
14         (4.5) A minimum term of imprisonment of 30 days shall
15     be imposed for a third violation of subsection (c) of
16     Section 6-303 of the Illinois Vehicle Code.
17         (4.6) A minimum term of imprisonment of 180 days shall
18     be imposed for a fourth or subsequent violation of
19     subsection (c) of Section 6-303 of the Illinois Vehicle
20     Code.
21         (5) The court may sentence an offender convicted of a
22     business offense or a petty offense or a corporation or
23     unincorporated association convicted of any offense to:
24             (A) a period of conditional discharge;
25             (B) a fine;
26             (C) make restitution to the victim under Section

 

 

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1         5-5-6 of this Code.
2         (5.1) In addition to any penalties imposed under
3     paragraph (5) of this subsection (c), and except as
4     provided in paragraph (5.2) or (5.3), a person convicted of
5     violating subsection (c) of Section 11-907 of the Illinois
6     Vehicle Code shall have his or her driver's license,
7     permit, or privileges suspended for at least 90 days but
8     not more than one year, if the violation resulted in damage
9     to the property of another person.
10         (5.2) In addition to any penalties imposed under
11     paragraph (5) of this subsection (c), and except as
12     provided in paragraph (5.3), a person convicted of
13     violating subsection (c) of Section 11-907 of the Illinois
14     Vehicle Code shall have his or her driver's license,
15     permit, or privileges suspended for at least 180 days but
16     not more than 2 years, if the violation resulted in injury
17     to another person.
18         (5.3) In addition to any penalties imposed under
19     paragraph (5) of this subsection (c), 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 2 years, if the
23     violation resulted in the death of another person.
24         (5.4) In addition to any penalties imposed under
25     paragraph (5) of this subsection (c), a person convicted of
26     violating Section 3-707 of the Illinois Vehicle Code shall

 

 

SB1505 - 26 - LRB095 10174 RLC 30388 b

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

 

 

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

 

 

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1     such as an umpire or referee; "athletic facility" means an
2     indoor or outdoor playing field or recreational area where
3     sports activities are conducted; and "coach" means a person
4     recognized as a coach by the sanctioning authority that
5     conducted the sporting event.
6         (12) A person may not receive a disposition of court
7     supervision for a violation of Section 5-16 of the Boat
8     Registration and Safety Act if that person has previously
9     received a disposition of court supervision for a violation
10     of that Section.
11     (d) In any case in which a sentence originally imposed is
12 vacated, the case shall be remanded to the trial court. The
13 trial court shall hold a hearing under Section 5-4-1 of the
14 Unified Code of Corrections which may include evidence of the
15 defendant's life, moral character and occupation during the
16 time since the original sentence was passed. The trial court
17 shall then impose sentence upon the defendant. The trial court
18 may impose any sentence which could have been imposed at the
19 original trial subject to Section 5-5-4 of the Unified Code of
20 Corrections. If a sentence is vacated on appeal or on
21 collateral attack due to the failure of the trier of fact at
22 trial to determine beyond a reasonable doubt the existence of a
23 fact (other than a prior conviction) necessary to increase the
24 punishment for the offense beyond the statutory maximum
25 otherwise applicable, either the defendant may be re-sentenced
26 to a term within the range otherwise provided or, if the State

 

 

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1 files notice of its intention to again seek the extended
2 sentence, the defendant shall be afforded a new trial.
3     (e) In cases where prosecution for aggravated criminal
4 sexual abuse under Section 12-16 of the Criminal Code of 1961
5 results in conviction of a defendant who was a family member of
6 the victim at the time of the commission of the offense, the
7 court shall consider the safety and welfare of the victim and
8 may impose a sentence of probation only where:
9         (1) the court finds (A) or (B) or both are appropriate:
10             (A) the defendant is willing to undergo a court
11         approved counseling program for a minimum duration of 2
12         years; or
13             (B) the defendant is willing to participate in a
14         court approved plan including but not limited to the
15         defendant's:
16                 (i) removal from the household;
17                 (ii) restricted contact with the victim;
18                 (iii) continued financial support of the
19             family;
20                 (iv) restitution for harm done to the victim;
21             and
22                 (v) compliance with any other measures that
23             the court may deem appropriate; and
24         (2) the court orders the defendant to pay for the
25     victim's counseling services, to the extent that the court
26     finds, after considering the defendant's income and

 

 

SB1505 - 30 - LRB095 10174 RLC 30388 b

1     assets, that the defendant is financially capable of paying
2     for such services, if the victim was under 18 years of age
3     at the time the offense was committed and requires
4     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 or
9 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 impose
18 any other civil penalty.
19     (g) Whenever a defendant is convicted of an offense under
20 Sections 11-14, 11-15, 11-15.1, 11-16, 11-17, 11-18, 11-18.1,
21 11-19, 11-19.1, 11-19.2, 12-3, 12-4, 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

 

 

SB1505 - 31 - LRB095 10174 RLC 30388 b

1 immunodeficiency syndrome (AIDS). Any such medical test shall
2 be performed only by appropriately licensed medical
3 practitioners and may include an analysis of any bodily fluids
4 as well as an examination of the defendant's person. Except as
5 otherwise provided by law, the results of such test shall be
6 kept strictly confidential by all medical personnel involved in
7 the testing and must be personally delivered in a sealed
8 envelope to the judge of the court in which the conviction was
9 entered for the judge's inspection in camera. Acting in
10 accordance with the best interests of the victim and the
11 public, the judge shall have the discretion to determine to
12 whom, if anyone, the results of the testing may be revealed.
13 The court shall notify the defendant of the test results. The
14 court shall also notify the victim if requested by the victim,
15 and if the victim is under the age of 15 and if requested by the
16 victim's parents or legal guardian, the court shall notify the
17 victim's parents or legal guardian of the test results. The
18 court shall provide information on the availability of HIV
19 testing and counseling at Department of Public Health
20 facilities to all parties to whom the results of the testing
21 are revealed and shall direct the State's Attorney to provide
22 the information to the victim when possible. A State's Attorney
23 may petition the court to obtain the results of any HIV test
24 administered under this Section, and the court shall grant the
25 disclosure if the State's Attorney shows it is relevant in
26 order to prosecute a charge of criminal transmission of HIV

 

 

SB1505 - 32 - LRB095 10174 RLC 30388 b

1 under Section 12-16.2 of the Criminal Code of 1961 or any other
2 offense in which the exchange of bodily fluids occurs against
3 the defendant. The court shall order that the cost of any such
4 test shall be paid by the county and may be taxed as costs
5 against the convicted defendant.
6     (g-5) When an inmate is tested for an airborne communicable
7 disease, as determined by the Illinois Department of Public
8 Health including but not limited to tuberculosis, the results
9 of the test shall be personally delivered by the warden or his
10 or her designee in a sealed envelope to the judge of the court
11 in which the inmate must appear for the judge's inspection in
12 camera if requested by the judge. Acting in accordance with the
13 best interests of those in the courtroom, the judge shall have
14 the discretion to determine what if any precautions need to be
15 taken to prevent transmission of the disease in the courtroom.
16     (h) Whenever a defendant is convicted of an offense under
17 Section 1 or 2 of the Hypodermic Syringes and Needles Act, the
18 defendant shall undergo medical testing to determine whether
19 the defendant has been exposed to human immunodeficiency virus
20 (HIV) or any other identified causative agent of acquired
21 immunodeficiency syndrome (AIDS). Except as otherwise provided
22 by law, the results of such test shall be kept strictly
23 confidential by all medical personnel involved in the testing
24 and must be personally delivered in a sealed envelope to the
25 judge of the court in which the conviction was entered for the
26 judge's inspection in camera. Acting in accordance with the

 

 

SB1505 - 33 - LRB095 10174 RLC 30388 b

1 best interests of the public, the judge shall have the
2 discretion to determine to whom, if anyone, the results of the
3 testing may be revealed. The court shall notify the defendant
4 of a positive test showing an infection with the human
5 immunodeficiency virus (HIV). The court shall provide
6 information on the availability of HIV testing and counseling
7 at Department of Public Health facilities to all parties to
8 whom the results of the testing are revealed and shall direct
9 the State's Attorney to provide the information to the victim
10 when possible. A State's Attorney may petition the court to
11 obtain the results of any HIV test administered under this
12 Section, and the court shall grant the disclosure if the
13 State's Attorney shows it is relevant in order to prosecute a
14 charge of criminal transmission of HIV under Section 12-16.2 of
15 the Criminal Code of 1961 against the defendant. The court
16 shall order that the cost of any such test shall be paid by the
17 county and may be taxed as costs against the convicted
18 defendant.
19     (i) All fines and penalties imposed under this Section for
20 any violation of Chapters 3, 4, 6, and 11 of the Illinois
21 Vehicle Code, or a similar provision of a local ordinance, and
22 any violation of the Child Passenger Protection Act, or a
23 similar provision of a local ordinance, shall be collected and
24 disbursed by the circuit clerk as provided under Section 27.5
25 of the Clerks of Courts Act.
26     (j) In cases when prosecution for any violation of Section

 

 

SB1505 - 34 - LRB095 10174 RLC 30388 b

1 11-6, 11-8, 11-9, 11-11, 11-14, 11-15, 11-15.1, 11-16, 11-17,
2 11-17.1, 11-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 11-20.1,
3 11-21, 12-13, 12-14, 12-14.1, 12-15, or 12-16 of the Criminal
4 Code of 1961, any violation of the Illinois Controlled
5 Substances Act, any violation of the Cannabis Control Act, or
6 any violation of the Methamphetamine Control and Community
7 Protection Act results in conviction, a disposition of court
8 supervision, or an order of probation granted under Section 10
9 of the Cannabis Control Act, Section 410 of the Illinois
10 Controlled Substance Act, or Section 70 of the Methamphetamine
11 Control and Community Protection Act of a defendant, the court
12 shall determine whether the defendant is employed by a facility
13 or center as defined under the Child Care Act of 1969, a public
14 or private elementary or secondary school, or otherwise works
15 with children under 18 years of age on a daily basis. When a
16 defendant is so employed, the court shall order the Clerk of
17 the Court to send a copy of the judgment of conviction or order
18 of supervision or probation to the defendant's employer by
19 certified mail. If the employer of the defendant is a school,
20 the Clerk of the Court shall direct the mailing of a copy of
21 the judgment of conviction or order of supervision or probation
22 to the appropriate regional superintendent of schools. The
23 regional superintendent of schools shall notify the State Board
24 of Education of any notification under this subsection.
25     (j-5) A defendant at least 17 years of age who is convicted
26 of a felony and who has not been previously convicted of a

 

 

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

 

 

SB1505 - 36 - LRB095 10174 RLC 30388 b

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

 

 

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1     Section 410 of the Illinois Controlled Substances Act, or
2     Section 70 of the Methamphetamine Control and Community
3     Protection Act, the court may, upon motion of the State's
4     Attorney to suspend the sentence imposed, commit the
5     defendant to the custody of the Attorney General of the
6     United States or his or her designated agent when:
7             (1) a final order of deportation has been issued
8         against the defendant pursuant to proceedings under
9         the Immigration and Nationality Act, and
10             (2) the deportation of the defendant would not
11         deprecate the seriousness of the defendant's conduct
12         and would not be inconsistent with the ends of justice.
13         (C) This subsection (l) does not apply to offenders who
14     are subject to the provisions of paragraph (2) of
15     subsection (a) of Section 3-6-3.
16         (D) Upon motion of the State's Attorney, if a defendant
17     sentenced under this Section returns to the jurisdiction of
18     the United States, the defendant shall be recommitted to
19     the custody of the county from which he or she was
20     sentenced. Thereafter, the defendant shall be brought
21     before the sentencing court, which may impose any sentence
22     that was available under Section 5-5-3 at the time of
23     initial sentencing. In addition, the defendant shall not be
24     eligible for additional good conduct credit for
25     meritorious service as provided under Section 3-6-6.
26     (m) A person convicted of criminal defacement of property

 

 

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1 under Section 21-1.3 of the Criminal Code of 1961, in which the
2 property damage exceeds $300 and the property damaged is a
3 school building, shall be ordered to perform community service
4 that may include cleanup, removal, or painting over the
5 defacement.
6     (n) The court may sentence a person convicted of a
7 violation of Section 12-19, 12-21, or 16-1.3 of the Criminal
8 Code of 1961 (i) to an impact incarceration program if the
9 person is otherwise eligible for that program under Section
10 5-8-1.1, (ii) to community service, or (iii) if the person is
11 an addict or alcoholic, as defined in the Alcoholism and Other
12 Drug Abuse and Dependency Act, to a substance or alcohol abuse
13 program licensed under that Act.
14     (o) Whenever a person is convicted of a sex offense as
15 defined in Section 2 of the Sex Offender Registration Act, the
16 defendant's driver's license or permit shall be subject to
17 renewal on an annual basis in accordance with the provisions of
18 license renewal established by the Secretary of State.
19 (Source: P.A. 93-44, eff. 7-1-03; 93-156, eff. 1-1-04; 93-169,
20 eff. 7-10-03; 93-301, eff. 1-1-04; 93-419, eff. 1-1-04; 93-546,
21 eff. 1-1-04; 93-694, eff. 7-9-04; 93-782, eff. 1-1-05; 93-800,
22 eff. 1-1-05; 93-1014, eff. 1-1-05; 94-72, eff. 1-1-06; 94-556,
23 eff. 9-11-05; 94-993, eff. 1-1-07; 94-1035, eff. 7-1-07;
24 revised 8-28-06.)
 
25     Section 95. No acceleration or delay. Where this Act makes

 

 

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1 changes in a statute that is represented in this Act by text
2 that is not yet or no longer in effect (for example, a Section
3 represented by multiple versions), the use of that text does
4 not accelerate or delay the taking effect of (i) the changes
5 made by this Act or (ii) provisions derived from any other
6 Public Act.
 
7     Section 99. Effective date. This Act takes effect upon
8 becoming law.