Full Text of SB2925 102nd General Assembly
SB2925 102ND GENERAL ASSEMBLY |
| | 102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022 SB2925 Introduced 10/13/2021, by Sen. Chapin Rose, Donald P. DeWitte and Terri Bryant SYNOPSIS AS INTRODUCED: |
| 720 ILCS 5/24-3 | from Ch. 38, par. 24-3 | 730 ILCS 5/5-5-3 | |
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Amends the Criminal Code of 2012. Provides that a person who sells or gives any firearm to any person who has been convicted of a
felony under the laws of Illinois or any other jurisdiction is guilty of a Class X felony for which he or she shall be sentenced to a term of imprisonment of not less than 10 years and not more than 30 years (rather than a Class 3 felony). Amends the Unified Code of Corrections. Provides that a period of probation, a term of periodic imprisonment, or
conditional discharge shall not be imposed for the offense.
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| | | CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY | |
| | A BILL FOR |
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| 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 Criminal Code of 2012 is amended by | 5 | | changing Section 24-3 as follows:
| 6 | | (720 ILCS 5/24-3) (from Ch. 38, par. 24-3)
| 7 | | Sec. 24-3. Unlawful sale or delivery of firearms.
| 8 | | (A) A person commits the offense of unlawful sale or | 9 | | delivery of firearms when he
or she knowingly does any of the | 10 | | following:
| 11 | | (a) Sells or gives any firearm of a size which may be | 12 | | concealed upon the
person to any person under 18 years of | 13 | | age.
| 14 | | (b) Sells or gives any firearm to a person under 21 | 15 | | years of age who has
been convicted of a misdemeanor other | 16 | | than a traffic offense or adjudged
delinquent.
| 17 | | (c) Sells or gives any firearm to any narcotic addict.
| 18 | | (d) Sells or gives any firearm to any person who has | 19 | | been convicted of a
felony under the laws of this or any | 20 | | other jurisdiction.
| 21 | | (e) Sells or gives any firearm to any person who has | 22 | | been a patient in a
mental institution within the past 5 | 23 | | years. In this subsection (e): |
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| 1 | | "Mental institution" means any hospital, | 2 | | institution, clinic, evaluation facility, mental | 3 | | health center, or part thereof, which is used | 4 | | primarily for the care or treatment of persons with | 5 | | mental illness. | 6 | | "Patient in a mental institution" means the person | 7 | | was admitted, either voluntarily or involuntarily, to | 8 | | a mental institution for mental health treatment, | 9 | | unless the treatment was voluntary and solely for an | 10 | | alcohol abuse disorder and no other secondary | 11 | | substance abuse disorder or mental illness.
| 12 | | (f) Sells or gives any firearms to any person who is a | 13 | | person with an intellectual disability.
| 14 | | (g) Delivers any firearm, incidental to a sale, | 15 | | without withholding delivery of the firearm
for at least | 16 | | 72 hours after application for its purchase has been made, | 17 | | or
delivers a stun gun or taser, incidental to a sale,
| 18 | | without withholding delivery of the stun gun or taser for
| 19 | | at least 24 hours after application for its purchase has | 20 | | been made.
However,
this paragraph (g) does not apply to: | 21 | | (1) the sale of a firearm
to a law enforcement officer if | 22 | | the seller of the firearm knows that the person to whom he | 23 | | or she is selling the firearm is a law enforcement officer | 24 | | or the sale of a firearm to a person who desires to | 25 | | purchase a firearm for
use in promoting the public | 26 | | interest incident to his or her employment as a
bank |
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| 1 | | guard, armed truck guard, or other similar employment; (2) | 2 | | a mail
order sale of a firearm from a federally licensed | 3 | | firearms dealer to a nonresident of Illinois under which | 4 | | the firearm
is mailed to a federally licensed firearms | 5 | | dealer outside the boundaries of Illinois; (3) (blank); | 6 | | (4) the sale of a
firearm to a dealer licensed as a federal | 7 | | firearms dealer under Section 923
of the federal Gun | 8 | | Control Act of 1968 (18 U.S.C. 923); or (5) the transfer or | 9 | | sale of any rifle, shotgun, or other long gun to a resident | 10 | | registered competitor or attendee or non-resident | 11 | | registered competitor or attendee by any dealer licensed | 12 | | as a federal firearms dealer under Section 923 of the | 13 | | federal Gun Control Act of 1968 at competitive shooting | 14 | | events held at the World Shooting Complex sanctioned by a | 15 | | national governing body. For purposes of transfers or | 16 | | sales under subparagraph (5) of this paragraph (g), the | 17 | | Department of Natural Resources shall give notice to the | 18 | | Department of State Police at least 30 calendar days prior | 19 | | to any competitive shooting events at the World Shooting | 20 | | Complex sanctioned by a national governing body. The | 21 | | notification shall be made on a form prescribed by the | 22 | | Department of State Police. The sanctioning body shall | 23 | | provide a list of all registered competitors and attendees | 24 | | at least 24 hours before the events to the Department of | 25 | | State Police. Any changes to the list of registered | 26 | | competitors and attendees shall be forwarded to the |
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| 1 | | Department of State Police as soon as practicable. The | 2 | | Department of State Police must destroy the list of | 3 | | registered competitors and attendees no later than 30 days | 4 | | after the date of the event. Nothing in this paragraph (g) | 5 | | relieves a federally licensed firearm dealer from the | 6 | | requirements of conducting a NICS background check through | 7 | | the Illinois Point of Contact under 18 U.S.C. 922(t). For | 8 | | purposes of this paragraph (g), "application" means when | 9 | | the buyer and seller reach an agreement to purchase a | 10 | | firearm.
For purposes of this paragraph (g), "national | 11 | | governing body" means a group of persons who adopt rules | 12 | | and formulate policy on behalf of a national firearm | 13 | | sporting organization.
| 14 | | (h) While holding any license
as a dealer,
importer, | 15 | | manufacturer or pawnbroker
under the federal Gun Control | 16 | | Act of 1968,
manufactures, sells or delivers to any | 17 | | unlicensed person a handgun having
a barrel, slide, frame | 18 | | or receiver which is a die casting of zinc alloy or
any | 19 | | other nonhomogeneous metal which will melt or deform at a | 20 | | temperature
of less than 800 degrees Fahrenheit. For | 21 | | purposes of this paragraph, (1)
"firearm" is defined as in | 22 | | the Firearm Owners Identification Card Act; and (2)
| 23 | | "handgun" is defined as a firearm designed to be held
and | 24 | | fired by the use of a single hand, and includes a | 25 | | combination of parts from
which such a firearm can be | 26 | | assembled.
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| 1 | | (i) Sells or gives a firearm of any size to any person | 2 | | under 18 years of
age who does not possess a valid Firearm | 3 | | Owner's Identification Card.
| 4 | | (j) Sells or gives a firearm while engaged in the | 5 | | business of selling
firearms at wholesale or retail | 6 | | without being licensed as a federal firearms
dealer under | 7 | | Section 923 of the federal Gun Control Act of 1968 (18 | 8 | | U.S.C.
923). In this paragraph (j):
| 9 | | A person "engaged in the business" means a person who | 10 | | devotes time,
attention, and
labor to
engaging in the | 11 | | activity as a regular course of trade or business with the
| 12 | | principal objective of livelihood and profit, but does not | 13 | | include a person who
makes occasional repairs of firearms | 14 | | or who occasionally fits special barrels,
stocks, or | 15 | | trigger mechanisms to firearms.
| 16 | | "With the principal objective of livelihood and | 17 | | profit" means that the
intent
underlying the sale or | 18 | | disposition of firearms is predominantly one of
obtaining | 19 | | livelihood and pecuniary gain, as opposed to other | 20 | | intents, such as
improving or liquidating a personal | 21 | | firearms collection; however, proof of
profit shall not be | 22 | | required as to a person who engages in the regular and
| 23 | | repetitive purchase and disposition of firearms for | 24 | | criminal purposes or
terrorism.
| 25 | | (k) Sells or transfers ownership of a firearm to a | 26 | | person who does not display to the seller or transferor of |
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| 1 | | the firearm either: (1) a currently valid Firearm Owner's | 2 | | Identification Card that has previously been issued in the | 3 | | transferee's name by the Department of State Police under | 4 | | the provisions of the Firearm Owners Identification Card | 5 | | Act; or (2) a currently valid license to carry a concealed | 6 | | firearm that has previously been issued in the | 7 | | transferee's name by the
Department of State Police under | 8 | | the Firearm Concealed Carry Act. This paragraph (k) does | 9 | | not apply to the transfer of a firearm to a person who is | 10 | | exempt from the requirement of possessing a Firearm | 11 | | Owner's Identification Card under Section 2 of the Firearm | 12 | | Owners Identification Card Act. For the purposes of this | 13 | | Section, a currently valid Firearm Owner's Identification | 14 | | Card means (i) a Firearm Owner's Identification Card that | 15 | | has not expired or (ii) an approval number issued in | 16 | | accordance with subsection (a-10) of subsection 3 or | 17 | | Section 3.1 of the Firearm Owners Identification Card Act | 18 | | shall be proof that the Firearm Owner's Identification | 19 | | Card was valid. | 20 | | (1) In addition to the other requirements of this | 21 | | paragraph (k), all persons who are not federally | 22 | | licensed firearms dealers must also have complied with | 23 | | subsection (a-10) of Section 3 of the Firearm Owners | 24 | | Identification Card Act by determining the validity of | 25 | | a purchaser's Firearm Owner's Identification Card. | 26 | | (2) All sellers or transferors who have complied |
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| 1 | | with the requirements of subparagraph (1) of this | 2 | | paragraph (k) shall not be liable for damages in any | 3 | | civil action arising from the use or misuse by the | 4 | | transferee of the firearm transferred, except for | 5 | | willful or wanton misconduct on the part of the seller | 6 | | or transferor. | 7 | | (l) Not
being entitled to the possession of a firearm, | 8 | | delivers the
firearm, knowing it to have been stolen or | 9 | | converted. It may be inferred that
a person who possesses | 10 | | a firearm with knowledge that its serial number has
been | 11 | | removed or altered has knowledge that the firearm is | 12 | | stolen or converted. | 13 | | (B) Paragraph (h) of subsection (A) does not include | 14 | | firearms sold within 6
months after enactment of Public
Act | 15 | | 78-355 (approved August 21, 1973, effective October 1, 1973), | 16 | | nor is any
firearm legally owned or
possessed by any citizen or | 17 | | purchased by any citizen within 6 months after the
enactment | 18 | | of Public Act 78-355 subject
to confiscation or seizure under | 19 | | the provisions of that Public Act. Nothing in
Public Act | 20 | | 78-355 shall be construed to prohibit the gift or trade of
any | 21 | | firearm if that firearm was legally held or acquired within 6 | 22 | | months after
the enactment of that Public Act.
| 23 | | (C) Sentence.
| 24 | | (1) Any person convicted of unlawful sale or delivery | 25 | | of firearms in violation of
paragraph (c), (e), (f), (g), | 26 | | or (h) of subsection (A) commits a Class
4
felony.
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| 1 | | (2) Any person convicted of unlawful sale or delivery | 2 | | of firearms in violation of
paragraph (b) or (i) of | 3 | | subsection (A) commits a Class 3 felony.
| 4 | | (3) Any person convicted of unlawful sale or delivery | 5 | | of firearms in violation of
paragraph (a) of subsection | 6 | | (A) commits a Class 2 felony.
| 7 | | (4) Any person convicted of unlawful sale or delivery | 8 | | of firearms in violation of
paragraph (a), (b), or (i) of | 9 | | subsection (A) in any school, on the real
property | 10 | | comprising a school, within 1,000 feet of the real | 11 | | property comprising
a school, at a school related | 12 | | activity, or on or within 1,000 feet of any
conveyance | 13 | | owned, leased, or contracted by a school or school | 14 | | district to
transport students to or from school or a | 15 | | school related activity,
regardless of the time of day or | 16 | | time of year at which the offense
was committed, commits a | 17 | | Class 1 felony. Any person convicted of a second
or | 18 | | subsequent violation of unlawful sale or delivery of | 19 | | firearms in violation of paragraph
(a), (b), or (i) of | 20 | | subsection (A) in any school, on the real property
| 21 | | comprising a school, within 1,000 feet of the real | 22 | | property comprising a
school, at a school related | 23 | | activity, or on or within 1,000 feet of any
conveyance | 24 | | owned, leased, or contracted by a school or school | 25 | | district to
transport students to or from school or a | 26 | | school related activity,
regardless of the time of day or |
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| 1 | | time of year at which the offense
was committed, commits a | 2 | | Class 1 felony for which the sentence shall be a
term of | 3 | | imprisonment of no less than 5 years and no more than 15 | 4 | | years.
| 5 | | (5) Any person convicted of unlawful sale or delivery | 6 | | of firearms in violation of
paragraph (a) or (i) of | 7 | | subsection (A) in residential property owned,
operated, or | 8 | | managed by a public housing agency or leased by a public | 9 | | housing
agency as part of a scattered site or mixed-income | 10 | | development, in a public
park, in a
courthouse, on | 11 | | residential property owned, operated, or managed by a | 12 | | public
housing agency or leased by a public housing agency | 13 | | as part of a scattered site
or mixed-income development, | 14 | | on the real property comprising any public park,
on the | 15 | | real
property comprising any courthouse, or on any public | 16 | | way within 1,000 feet
of the real property comprising any | 17 | | public park, courthouse, or residential
property owned, | 18 | | operated, or managed by a public housing agency or leased | 19 | | by a
public housing agency as part of a scattered site or | 20 | | mixed-income development
commits a
Class 2 felony.
| 21 | | (6) Any person convicted of unlawful sale or delivery | 22 | | of firearms in violation of
paragraph (j) of subsection | 23 | | (A) commits a Class A misdemeanor. A second or
subsequent | 24 | | violation is a Class 4 felony. | 25 | | (7) Any person convicted of unlawful sale or delivery | 26 | | of firearms in violation of paragraph (k) of subsection |
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| 1 | | (A) commits a Class 4 felony, except that a violation of | 2 | | subparagraph (1) of paragraph (k) of subsection (A) shall | 3 | | not be punishable as a crime or petty offense. A third or | 4 | | subsequent conviction for a violation of paragraph (k) of | 5 | | subsection (A) is a Class 1 felony.
| 6 | | (8) A person 18 years of age or older convicted of | 7 | | unlawful sale or delivery of firearms in violation of | 8 | | paragraph (a) or (i) of subsection (A), when the firearm | 9 | | that was sold or given to another person under 18 years of | 10 | | age was used in the commission of or attempt to commit a | 11 | | forcible felony, shall be fined or imprisoned, or both, | 12 | | not to exceed the maximum provided for the most serious | 13 | | forcible felony so committed or attempted by the person | 14 | | under 18 years of age who was sold or given the firearm. | 15 | | (9) Any person convicted of unlawful sale or delivery | 16 | | of firearms in violation of
paragraph (d) of subsection | 17 | | (A) commits a Class X felony for which he or she shall be | 18 | | sentenced to a term of imprisonment of not less than 10 | 19 | | years and not more than 30 years 3 felony . | 20 | | (10) Any person convicted of unlawful sale or delivery | 21 | | of firearms in violation of paragraph (l) of subsection | 22 | | (A) commits a Class 2 felony if the delivery is of one | 23 | | firearm. Any person convicted of unlawful sale or delivery | 24 | | of firearms in violation of paragraph (l) of subsection | 25 | | (A) commits a Class 1 felony if the delivery is of not less | 26 | | than 2 and not more than 5 firearms at the
same time or |
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| 1 | | within a one year period. Any person convicted of unlawful | 2 | | sale or delivery of firearms in violation of paragraph (l) | 3 | | of subsection (A) commits a Class X felony for which he or | 4 | | she shall be sentenced
to a term of imprisonment of not | 5 | | less than 6 years and not more than 30
years if the | 6 | | delivery is of not less than 6 and not more than 10 | 7 | | firearms at the
same time or within a 2 year period. Any | 8 | | person convicted of unlawful sale or delivery of firearms | 9 | | in violation of paragraph (l) of subsection (A) commits a | 10 | | Class X felony for which he or she shall be sentenced
to a | 11 | | term of imprisonment of not less than 6 years and not more | 12 | | than 40
years if the delivery is of not less than 11 and | 13 | | not more than 20 firearms at the
same time or within a 3 | 14 | | year period. Any person convicted of unlawful sale or | 15 | | delivery of firearms in violation of paragraph (l) of | 16 | | subsection (A) commits a Class X felony for which he or she | 17 | | shall be sentenced
to a term of imprisonment of not less | 18 | | than 6 years and not more than 50
years if the delivery is | 19 | | of not less than 21 and not more than 30 firearms at the
| 20 | | same time or within a 4 year period. Any person convicted | 21 | | of unlawful sale or delivery of firearms in violation of | 22 | | paragraph (l) of subsection (A) commits a Class X felony | 23 | | for which he or she shall be sentenced
to a term of | 24 | | imprisonment of not less than 6 years and not more than 60
| 25 | | years if the delivery is of 31 or more firearms at the
same | 26 | | time or within a 5 year period. |
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| 1 | | (D) For purposes of this Section:
| 2 | | "School" means a public or private elementary or secondary | 3 | | school,
community college, college, or university.
| 4 | | "School related activity" means any sporting, social, | 5 | | academic, or
other activity for which students' attendance or | 6 | | participation is sponsored,
organized, or funded in whole or | 7 | | in part by a school or school district.
| 8 | | (E) A prosecution for a violation of paragraph (k) of | 9 | | subsection (A) of this Section may be commenced within 6 years | 10 | | after the commission of the offense. A prosecution for a | 11 | | violation of this Section other than paragraph (g) of | 12 | | subsection (A) of this Section may be commenced within 5 years | 13 | | after the commission of the offense defined in the particular | 14 | | paragraph.
| 15 | | (Source: P.A. 99-29, eff. 7-10-15; 99-143, eff. 7-27-15; | 16 | | 99-642, eff. 7-28-16; 100-606, eff. 1-1-19 .)
| 17 | | Section 10. The Unified Code of Corrections is amended by | 18 | | changing Section 5-5-3 as follows:
| 19 | | (730 ILCS 5/5-5-3)
| 20 | | Sec. 5-5-3. Disposition.
| 21 | | (a) (Blank).
| 22 | | (b) (Blank).
| 23 | | (c) (1) (Blank).
| 24 | | (2) A period of probation, a term of periodic imprisonment |
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| 1 | | or
conditional discharge shall not be imposed for the | 2 | | following offenses.
The court shall sentence the offender to | 3 | | not less than the minimum term
of imprisonment set forth in | 4 | | this Code for the following offenses, and
may order a fine or | 5 | | restitution or both in conjunction with such term of
| 6 | | imprisonment:
| 7 | | (A) First degree murder where the death penalty is not | 8 | | imposed.
| 9 | | (B) Attempted first degree murder.
| 10 | | (C) A Class X felony.
| 11 | | (D) A violation of Section 401.1 or 407 of the
| 12 | | Illinois Controlled Substances Act, or a violation of | 13 | | subdivision (c)(1.5) of
Section 401 of that Act which | 14 | | relates to more than 5 grams of a substance
containing | 15 | | fentanyl or an analog thereof.
| 16 | | (D-5) A violation of subdivision (c)(1) of
Section 401 | 17 | | of the Illinois Controlled Substances Act which relates to | 18 | | 3 or more grams of a substance
containing heroin or an | 19 | | analog thereof. | 20 | | (E) (Blank).
| 21 | | (F) A Class 1 or greater felony if the offender had | 22 | | been convicted
of a Class 1 or greater felony, including | 23 | | any state or federal conviction for an offense that | 24 | | contained, at the time it was committed, the same elements | 25 | | as an offense now (the date of the offense committed after | 26 | | the prior Class 1 or greater felony) classified as a Class |
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| 1 | | 1 or greater felony, within 10 years of the date on which | 2 | | the
offender
committed the offense for which he or she is | 3 | | being sentenced, except as
otherwise provided in Section | 4 | | 40-10 of the Substance Use Disorder Act.
| 5 | | (F-3) A Class 2 or greater felony sex offense or | 6 | | felony firearm offense if the offender had been convicted | 7 | | of a Class 2 or greater felony, including any state or | 8 | | federal conviction for an offense that contained, at the | 9 | | time it was committed, the same elements as an offense now | 10 | | (the date of the offense committed after the prior Class 2 | 11 | | or greater felony) classified as a Class 2 or greater | 12 | | felony, within 10 years of the date on which the offender | 13 | | committed the offense for which he or she is being | 14 | | sentenced, except as otherwise provided in Section 40-10 | 15 | | of the Substance Use Disorder Act. | 16 | | (F-5) A violation of Section 24-1, 24-1.1, or 24-1.6 | 17 | | or paragraph (d) of subsection (A) of Section 24-3 of the | 18 | | Criminal Code of 1961 or the Criminal Code of 2012 for | 19 | | which imprisonment is prescribed in those Sections. | 20 | | (G) Residential burglary, except as otherwise provided | 21 | | in Section 40-10
of the Substance Use Disorder Act.
| 22 | | (H) Criminal sexual assault.
| 23 | | (I) Aggravated battery of a senior citizen as | 24 | | described in Section 12-4.6 or subdivision (a)(4) of | 25 | | Section 12-3.05 of the Criminal Code of 1961 or the | 26 | | Criminal Code of 2012.
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| 1 | | (J) A forcible felony if the offense was related to | 2 | | the activities of an
organized gang.
| 3 | | Before July 1, 1994, for the purposes of this | 4 | | paragraph, "organized
gang" means an association of 5 or | 5 | | more persons, with an established hierarchy,
that | 6 | | encourages members of the association to perpetrate crimes | 7 | | or provides
support to the members of the association who | 8 | | do commit crimes.
| 9 | | Beginning July 1, 1994, for the purposes of this | 10 | | paragraph,
"organized gang" has the meaning ascribed to it | 11 | | in Section 10 of the Illinois
Streetgang Terrorism Omnibus | 12 | | Prevention Act.
| 13 | | (K) Vehicular hijacking.
| 14 | | (L) A second or subsequent conviction for the offense | 15 | | of hate crime
when the underlying offense upon which the | 16 | | hate crime is based is felony
aggravated
assault or felony | 17 | | mob action.
| 18 | | (M) A second or subsequent conviction for the offense | 19 | | of institutional
vandalism if the damage to the property | 20 | | exceeds $300.
| 21 | | (N) A Class 3 felony violation of paragraph (1) of | 22 | | subsection (a) of
Section 2 of the Firearm Owners | 23 | | Identification Card Act.
| 24 | | (O) A violation of Section 12-6.1 or 12-6.5 of the | 25 | | Criminal Code of 1961 or the Criminal Code of 2012.
| 26 | | (P) A violation of paragraph (1), (2), (3), (4), (5), |
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| 1 | | or (7) of
subsection (a)
of Section 11-20.1 of the | 2 | | Criminal Code of 1961 or the Criminal Code of 2012.
| 3 | | (Q) A violation of subsection (b) or (b-5) of Section | 4 | | 20-1, Section 20-1.2, or Section 20-1.3 of the Criminal | 5 | | Code of
1961 or the Criminal Code of 2012.
| 6 | | (R) A violation of Section 24-3A of the Criminal Code | 7 | | of
1961 or the Criminal Code of 2012.
| 8 | | (S) (Blank).
| 9 | | (T) (Blank).
| 10 | | (U) A second or subsequent violation of Section 6-303 | 11 | | of the Illinois Vehicle Code committed while his or her | 12 | | driver's license, permit, or privilege was revoked because | 13 | | of a violation of Section 9-3 of the Criminal Code of 1961 | 14 | | or the Criminal Code of 2012, relating to the offense of | 15 | | reckless homicide, or a similar provision of a law of | 16 | | another state.
| 17 | | (V)
A violation of paragraph (4) of subsection (c) of | 18 | | Section 11-20.1B or paragraph (4) of subsection (c) of | 19 | | Section 11-20.3 of the Criminal Code of 1961, or paragraph | 20 | | (6) of subsection (a) of Section 11-20.1 of the Criminal | 21 | | Code of 2012 when the victim is under 13 years of age and | 22 | | the defendant has previously been convicted under the laws | 23 | | of this State or any other state of the offense of child | 24 | | pornography, aggravated child pornography, aggravated | 25 | | criminal sexual abuse, aggravated criminal sexual assault, | 26 | | predatory criminal sexual assault of a child, or any of |
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| 1 | | the offenses formerly known as rape, deviate sexual | 2 | | assault, indecent liberties with a child, or aggravated | 3 | | indecent liberties with a child where the victim was under | 4 | | the age of 18 years or an offense that is substantially | 5 | | equivalent to those offenses. | 6 | | (W) A violation of Section 24-3.5 of the Criminal Code | 7 | | of 1961 or the Criminal Code of 2012.
| 8 | | (X) A violation of subsection (a) of Section 31-1a of | 9 | | the Criminal Code of 1961 or the Criminal Code of 2012. | 10 | | (Y) A conviction for unlawful possession of a firearm | 11 | | by a street gang member when the firearm was loaded or | 12 | | contained firearm ammunition. | 13 | | (Z) A Class 1 felony committed while he or she was | 14 | | serving a term of probation or conditional discharge for a | 15 | | felony. | 16 | | (AA) Theft of property exceeding $500,000 and not | 17 | | exceeding $1,000,000 in value. | 18 | | (BB) Laundering of criminally derived property of a | 19 | | value exceeding
$500,000. | 20 | | (CC) Knowingly selling, offering for sale, holding for | 21 | | sale, or using 2,000 or more counterfeit items or | 22 | | counterfeit items having a retail value in the aggregate | 23 | | of $500,000 or more. | 24 | | (DD) A conviction for aggravated assault under | 25 | | paragraph (6) of subsection (c) of Section 12-2 of the | 26 | | Criminal Code of 1961 or the Criminal Code of 2012 if the |
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| 1 | | firearm is aimed toward the person against whom the | 2 | | firearm is being used. | 3 | | (EE) A conviction for a violation of paragraph (2) of | 4 | | subsection (a) of Section 24-3B of the Criminal Code of | 5 | | 2012. | 6 | | (3) (Blank).
| 7 | | (4) A minimum term of imprisonment of not less than 10
| 8 | | consecutive days or 30 days of community service shall be | 9 | | imposed for a
violation of paragraph (c) of Section 6-303 of | 10 | | the Illinois Vehicle Code.
| 11 | | (4.1) (Blank).
| 12 | | (4.2) Except as provided in paragraphs (4.3) and (4.8) of | 13 | | this subsection (c), a
minimum of
100 hours of community | 14 | | service shall be imposed for a second violation of
Section | 15 | | 6-303
of the Illinois Vehicle Code.
| 16 | | (4.3) A minimum term of imprisonment of 30 days or 300 | 17 | | hours of community
service, as determined by the court, shall
| 18 | | be imposed for a second violation of subsection (c) of Section | 19 | | 6-303 of the
Illinois Vehicle Code.
| 20 | | (4.4) Except as provided in paragraphs
(4.5), (4.6), and | 21 | | (4.9) of this
subsection (c), a
minimum term of imprisonment | 22 | | of 30 days or 300 hours of community service, as
determined by | 23 | | the court, shall
be imposed
for a third or subsequent | 24 | | violation of Section 6-303 of the Illinois Vehicle
Code. The | 25 | | court may give credit toward the fulfillment of community | 26 | | service hours for participation in activities and treatment as |
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| 1 | | determined by court services.
| 2 | | (4.5) A minimum term of imprisonment of 30 days
shall be | 3 | | imposed for a third violation of subsection (c) of
Section | 4 | | 6-303 of the Illinois Vehicle Code.
| 5 | | (4.6) Except as provided in paragraph (4.10) of this | 6 | | subsection (c), a minimum term of imprisonment of 180 days | 7 | | shall be imposed for a
fourth or subsequent violation of | 8 | | subsection (c) of Section 6-303 of the
Illinois Vehicle Code.
| 9 | | (4.7) A minimum term of imprisonment of not less than 30 | 10 | | consecutive days, or 300 hours of community service, shall be | 11 | | imposed for a violation of subsection (a-5) of Section 6-303 | 12 | | of the Illinois Vehicle Code, as provided in subsection (b-5) | 13 | | of that Section.
| 14 | | (4.8) A mandatory prison sentence shall be imposed for a | 15 | | second violation of subsection (a-5) of Section 6-303 of the | 16 | | Illinois Vehicle Code, as provided in subsection (c-5) of that | 17 | | Section. The person's driving privileges shall be revoked for | 18 | | a period of not less than 5 years from the date of his or her | 19 | | release from prison.
| 20 | | (4.9) A mandatory prison sentence of not less than 4 and | 21 | | not more than 15 years shall be imposed for a third violation | 22 | | of subsection (a-5) of Section 6-303 of the Illinois Vehicle | 23 | | Code, as provided in subsection (d-2.5) of that Section. The | 24 | | person's driving privileges shall be revoked for the remainder | 25 | | of his or her life.
| 26 | | (4.10) A mandatory prison sentence for a Class 1 felony |
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| 1 | | shall be imposed, and the person shall be eligible for an | 2 | | extended term sentence, for a fourth or subsequent violation | 3 | | of subsection (a-5) of Section 6-303 of the Illinois Vehicle | 4 | | Code, as provided in subsection (d-3.5) of that Section. The | 5 | | person's driving privileges shall be revoked for the remainder | 6 | | of his or her life.
| 7 | | (5) The court may sentence a corporation or unincorporated
| 8 | | association convicted of any offense to:
| 9 | | (A) a period of conditional discharge;
| 10 | | (B) a fine;
| 11 | | (C) make restitution to the victim under Section 5-5-6 | 12 | | of this Code.
| 13 | | (5.1) In addition to any other penalties imposed, and | 14 | | except as provided in paragraph (5.2) or (5.3), a person
| 15 | | convicted of violating subsection (c) of Section 11-907 of the | 16 | | Illinois
Vehicle Code shall have his or her driver's license, | 17 | | permit, or privileges
suspended for at least 90 days but not | 18 | | more than one year, if the violation
resulted in damage to the | 19 | | property of another person.
| 20 | | (5.2) In addition to any other penalties imposed, and | 21 | | except as provided in paragraph (5.3), a person convicted
of | 22 | | violating subsection (c) of Section 11-907 of the Illinois | 23 | | Vehicle Code
shall have his or her driver's license, permit, | 24 | | or privileges suspended for at
least 180 days but not more than | 25 | | 2 years, if the violation resulted in injury
to
another | 26 | | person.
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| 1 | | (5.3) In addition to any other penalties imposed, a person | 2 | | convicted of violating subsection (c) of Section
11-907 of the | 3 | | Illinois Vehicle Code shall have his or her driver's license,
| 4 | | permit, or privileges suspended for 2 years, if the violation | 5 | | resulted in the
death of another person.
| 6 | | (5.4) In addition to any other penalties imposed, a person | 7 | | convicted of violating Section 3-707 of the Illinois Vehicle | 8 | | Code shall have his or her driver's license, permit, or | 9 | | privileges suspended for 3 months and until he or she has paid | 10 | | a reinstatement fee of $100. | 11 | | (5.5) In addition to any other penalties imposed, a person | 12 | | convicted of violating Section 3-707 of the Illinois Vehicle | 13 | | Code during a period in which his or her driver's license, | 14 | | permit, or privileges were suspended for a previous violation | 15 | | of that Section shall have his or her driver's license, | 16 | | permit, or privileges suspended for an additional 6 months | 17 | | after the expiration of the original 3-month suspension and | 18 | | until he or she has paid a reinstatement fee of $100.
| 19 | | (6) (Blank).
| 20 | | (7) (Blank).
| 21 | | (8) (Blank).
| 22 | | (9) A defendant convicted of a second or subsequent | 23 | | offense of ritualized
abuse of a child may be sentenced to a | 24 | | term of natural life imprisonment.
| 25 | | (10) (Blank).
| 26 | | (11) The court shall impose a minimum fine of $1,000 for a |
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| 1 | | first offense
and $2,000 for a second or subsequent offense | 2 | | upon a person convicted of or
placed on supervision for | 3 | | battery when the individual harmed was a sports
official or | 4 | | coach at any level of competition and the act causing harm to | 5 | | the
sports
official or coach occurred within an athletic | 6 | | facility or within the immediate vicinity
of the athletic | 7 | | facility at which the sports official or coach was an active
| 8 | | participant
of the athletic contest held at the athletic | 9 | | facility. For the purposes of
this paragraph (11), "sports | 10 | | official" means a person at an athletic contest
who enforces | 11 | | the rules of the contest, such as an umpire or referee; | 12 | | "athletic facility" means an indoor or outdoor playing field | 13 | | or recreational area where sports activities are conducted;
| 14 | | and "coach" means a person recognized as a coach by the | 15 | | sanctioning
authority that conducted the sporting event. | 16 | | (12) A person may not receive a disposition of court | 17 | | supervision for a
violation of Section 5-16 of the Boat | 18 | | Registration and Safety Act if that
person has previously | 19 | | received a disposition of court supervision for a
violation of | 20 | | that Section.
| 21 | | (13) A person convicted of or placed on court supervision | 22 | | for an assault or aggravated assault when the victim and the | 23 | | offender are family or household members as defined in Section | 24 | | 103 of the Illinois Domestic Violence Act of 1986 or convicted | 25 | | of domestic battery or aggravated domestic battery may be | 26 | | required to attend a Partner Abuse Intervention Program under |
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| 1 | | protocols set forth by the Illinois Department of Human | 2 | | Services under such terms and conditions imposed by the court. | 3 | | The costs of such classes shall be paid by the offender.
| 4 | | (d) In any case in which a sentence originally imposed is | 5 | | vacated,
the case shall be remanded to the trial court. The | 6 | | trial court shall
hold a hearing under Section 5-4-1 of this | 7 | | Code
which may include evidence of the defendant's life, moral | 8 | | character and
occupation during the time since the original | 9 | | sentence was passed. The
trial court shall then impose | 10 | | sentence upon the defendant. The trial
court may impose any | 11 | | sentence which could have been imposed at the
original trial | 12 | | subject to Section 5-5-4 of this Code.
If a sentence is vacated | 13 | | on appeal or on collateral attack due to the
failure of the | 14 | | trier of fact at trial to determine beyond a reasonable doubt
| 15 | | the
existence of a fact (other than a prior conviction) | 16 | | necessary to increase the
punishment for the offense beyond | 17 | | the statutory maximum otherwise applicable,
either the | 18 | | defendant may be re-sentenced to a term within the range | 19 | | otherwise
provided or, if the State files notice of its | 20 | | intention to again seek the
extended sentence, the defendant | 21 | | shall be afforded a new trial.
| 22 | | (e) In cases where prosecution for
aggravated criminal | 23 | | sexual abuse under Section 11-1.60 or 12-16 of the
Criminal | 24 | | Code of 1961 or the Criminal Code of 2012 results in conviction | 25 | | of a defendant
who was a family member of the victim at the | 26 | | time of the commission of the
offense, the court shall |
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| 1 | | consider the safety and welfare of the victim and
may impose a | 2 | | sentence of probation only where:
| 3 | | (1) the court finds (A) or (B) or both are | 4 | | appropriate:
| 5 | | (A) the defendant is willing to undergo a court | 6 | | approved counseling
program for a minimum duration of | 7 | | 2 years; or
| 8 | | (B) the defendant is willing to participate in a | 9 | | court approved plan
including but not limited to the | 10 | | defendant's:
| 11 | | (i) removal from the household;
| 12 | | (ii) restricted contact with the victim;
| 13 | | (iii) continued financial support of the | 14 | | family;
| 15 | | (iv) restitution for harm done to the victim; | 16 | | and
| 17 | | (v) compliance with any other measures that | 18 | | the court may
deem appropriate; and
| 19 | | (2) the court orders the defendant to pay for the | 20 | | victim's counseling
services, to the extent that the court | 21 | | finds, after considering the
defendant's income and | 22 | | assets, that the defendant is financially capable of
| 23 | | paying for such services, if the victim was under 18 years | 24 | | of age at the
time the offense was committed and requires | 25 | | counseling as a result of the
offense.
| 26 | | Probation may be revoked or modified pursuant to Section |
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| 1 | | 5-6-4; except
where the court determines at the hearing that | 2 | | the defendant violated a
condition of his or her probation | 3 | | restricting contact with the victim or
other family members or | 4 | | commits another offense with the victim or other
family | 5 | | members, the court shall revoke the defendant's probation and
| 6 | | impose a term of imprisonment.
| 7 | | For the purposes of this Section, "family member" and | 8 | | "victim" shall have
the meanings ascribed to them in Section | 9 | | 11-0.1 of the Criminal Code of
2012.
| 10 | | (f) (Blank).
| 11 | | (g) Whenever a defendant is convicted of an offense under | 12 | | Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60,
11-14, | 13 | | 11-14.3, 11-14.4 except for an offense that involves keeping a | 14 | | place of juvenile prostitution, 11-15, 11-15.1, 11-16, 11-17, | 15 | | 11-18, 11-18.1, 11-19, 11-19.1, 11-19.2,
12-13, 12-14, | 16 | | 12-14.1, 12-15 or 12-16 of the Criminal Code of 1961 or the | 17 | | Criminal Code of 2012,
the defendant shall undergo medical | 18 | | testing to
determine whether the defendant has any sexually | 19 | | transmissible disease,
including a test for infection with | 20 | | human immunodeficiency virus (HIV) or
any other identified | 21 | | causative agent of acquired immunodeficiency syndrome
(AIDS). | 22 | | Any such medical test shall be performed only by appropriately
| 23 | | licensed medical practitioners and may include an analysis of | 24 | | any bodily
fluids as well as an examination of the defendant's | 25 | | person.
Except as otherwise provided by law, the results of | 26 | | such test shall be kept
strictly confidential by all medical |
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| 1 | | personnel involved in the testing and must
be personally | 2 | | delivered in a sealed envelope to the judge of the court in | 3 | | which
the conviction was entered for the judge's inspection in | 4 | | camera. Acting in
accordance with the best interests of the | 5 | | victim and the public, the judge
shall have the discretion to | 6 | | determine to whom, if anyone, the results of the
testing may be | 7 | | revealed. The court shall notify the defendant
of the test | 8 | | results. The court shall
also notify the victim if requested | 9 | | by the victim, and if the victim is under
the age of 15 and if | 10 | | requested by the victim's parents or legal guardian, the
court | 11 | | shall notify the victim's parents or legal guardian of the | 12 | | test
results.
The court shall provide information on the | 13 | | availability of HIV testing
and counseling at Department of | 14 | | Public Health facilities to all parties to
whom the results of | 15 | | the testing are revealed and shall direct the State's
Attorney | 16 | | to provide the information to the victim when possible.
A | 17 | | State's Attorney may petition the court to obtain the results | 18 | | of any HIV test
administered under this Section, and the court | 19 | | shall grant the disclosure if
the State's Attorney shows it is | 20 | | relevant in order to prosecute a charge of
criminal | 21 | | transmission of HIV under Section 12-5.01 or 12-16.2 of the | 22 | | Criminal Code of 1961 or the Criminal Code of 2012
against the | 23 | | defendant. The court shall order that the cost of any such test
| 24 | | shall be paid by the county and may be taxed as costs against | 25 | | the convicted
defendant.
| 26 | | (g-5) When an inmate is tested for an airborne |
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| 1 | | communicable disease, as
determined by the Illinois Department | 2 | | of Public Health including but not
limited to tuberculosis, | 3 | | the results of the test shall be
personally delivered by the | 4 | | warden or his or her designee in a sealed envelope
to the judge | 5 | | of the court in which the inmate must appear for the judge's
| 6 | | inspection in camera if requested by the judge. Acting in | 7 | | accordance with the
best interests of those in the courtroom, | 8 | | the judge shall have the discretion
to determine what if any | 9 | | precautions need to be taken to prevent transmission
of the | 10 | | disease in the courtroom.
| 11 | | (h) Whenever a defendant is convicted of an offense under | 12 | | Section 1 or 2
of the Hypodermic Syringes and Needles Act, the | 13 | | defendant shall undergo
medical testing to determine whether | 14 | | the defendant has been exposed to human
immunodeficiency virus | 15 | | (HIV) or any other identified causative agent of
acquired | 16 | | immunodeficiency syndrome (AIDS). Except as otherwise provided | 17 | | by
law, the results of such test shall be kept strictly | 18 | | confidential by all
medical personnel involved in the testing | 19 | | and must be personally delivered in a
sealed envelope to the | 20 | | judge of the court in which the conviction was entered
for the | 21 | | judge's inspection in camera. Acting in accordance with the | 22 | | best
interests of the public, the judge shall have the | 23 | | discretion to determine to
whom, if anyone, the results of the | 24 | | testing may be revealed. The court shall
notify the defendant | 25 | | of a positive test showing an infection with the human
| 26 | | immunodeficiency virus (HIV). The court shall provide |
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| 1 | | information on the
availability of HIV testing and counseling | 2 | | at Department of Public Health
facilities to all parties to | 3 | | whom the results of the testing are revealed and
shall direct | 4 | | the State's Attorney to provide the information to the victim | 5 | | when
possible. A State's Attorney may petition the court to | 6 | | obtain the results of
any HIV test administered under this | 7 | | Section, and the court shall grant the
disclosure if the | 8 | | State's Attorney shows it is relevant in order to prosecute a
| 9 | | charge of criminal transmission of HIV under Section 12-5.01 | 10 | | or 12-16.2 of the Criminal
Code of 1961 or the Criminal Code of | 11 | | 2012 against the defendant. The court shall order that the | 12 | | cost of any
such test shall be paid by the county and may be | 13 | | taxed as costs against the
convicted defendant.
| 14 | | (i) All fines and penalties imposed under this Section for | 15 | | any violation
of Chapters 3, 4, 6, and 11 of the Illinois | 16 | | Vehicle Code, or a similar
provision of a local ordinance, and | 17 | | any violation
of the Child Passenger Protection Act, or a | 18 | | similar provision of a local
ordinance, shall be collected and | 19 | | disbursed by the circuit
clerk as provided under the Criminal | 20 | | and Traffic Assessment Act.
| 21 | | (j) In cases when prosecution for any violation of Section | 22 | | 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-8,
11-9, | 23 | | 11-11, 11-14, 11-14.3, 11-14.4, 11-15, 11-15.1, 11-16, 11-17, | 24 | | 11-17.1, 11-18, 11-18.1,
11-19, 11-19.1, 11-19.2, 11-20.1, | 25 | | 11-20.1B, 11-20.3, 11-21, 11-30, 11-40, 12-13, 12-14, 12-14.1, | 26 | | 12-15, or
12-16 of the
Criminal Code of 1961 or the Criminal |
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| 1 | | Code of 2012, any violation of the Illinois Controlled | 2 | | Substances Act,
any violation of the Cannabis Control Act, or | 3 | | any violation of the Methamphetamine Control and Community | 4 | | Protection Act results in conviction, a
disposition of court | 5 | | supervision, or an order of probation granted under
Section 10 | 6 | | of the Cannabis Control Act, Section 410 of the Illinois
| 7 | | Controlled Substances Act, or Section 70 of the | 8 | | Methamphetamine Control and Community Protection Act of a | 9 | | defendant, the court shall determine whether the
defendant is | 10 | | employed by a facility or center as defined under the Child | 11 | | Care
Act of 1969, a public or private elementary or secondary | 12 | | school, or otherwise
works with children under 18 years of age | 13 | | on a daily basis. When a defendant
is so employed, the court | 14 | | shall order the Clerk of the Court to send a copy of
the | 15 | | judgment of conviction or order of supervision or probation to | 16 | | the
defendant's employer by certified mail.
If the employer of | 17 | | the defendant is a school, the Clerk of the Court shall
direct | 18 | | the mailing of a copy of the judgment of conviction or order of
| 19 | | supervision or probation to the appropriate regional | 20 | | superintendent of schools.
The regional superintendent of | 21 | | schools shall notify the State Board of
Education of any | 22 | | 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 |
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| 1 | | as a condition of his or her sentence be required by the court | 2 | | to attend
educational courses designed to prepare the | 3 | | defendant for a high school diploma
and to work toward a high | 4 | | school diploma or to work toward passing high school | 5 | | equivalency testing or to work toward
completing a vocational | 6 | | training program offered by the Department of
Corrections. If | 7 | | a defendant fails to complete the educational training
| 8 | | required by his or her sentence during the term of | 9 | | incarceration, the Prisoner
Review Board shall, as a condition | 10 | | of mandatory supervised release, require the
defendant, at his | 11 | | or her own expense, to pursue a course of study toward a high
| 12 | | school diploma or passage of high school equivalency testing. | 13 | | The Prisoner Review Board shall
revoke the mandatory | 14 | | supervised release of a defendant who wilfully fails to
comply | 15 | | with this subsection (j-5) upon his or her release from | 16 | | confinement in a
penal institution while serving a mandatory | 17 | | supervised release term; however,
the inability of the | 18 | | defendant after making a good faith effort to obtain
financial | 19 | | aid or pay for the educational training shall not be deemed a | 20 | | wilful
failure to comply. The Prisoner Review Board shall | 21 | | recommit the defendant
whose mandatory supervised release term | 22 | | has been revoked under this subsection
(j-5) as provided in | 23 | | Section 3-3-9. This subsection (j-5) does not apply to a
| 24 | | defendant who has a high school diploma or has successfully | 25 | | passed high school equivalency testing. This subsection (j-5) | 26 | | does not apply to a defendant who is determined by
the court to |
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| 1 | | be a person with a developmental disability or otherwise | 2 | | mentally incapable of
completing the educational or vocational | 3 | | program.
| 4 | | (k) (Blank).
| 5 | | (l) (A) Except as provided
in paragraph (C) of subsection | 6 | | (l), whenever a defendant,
who is an alien as defined by the | 7 | | Immigration and Nationality Act, is convicted
of any felony or | 8 | | misdemeanor offense, the court after sentencing the defendant
| 9 | | may, upon motion of the State's Attorney, hold sentence in | 10 | | abeyance and remand
the defendant to the custody of the | 11 | | Attorney General of
the United States or his or her designated | 12 | | agent to be deported when:
| 13 | | (1) a final order of deportation has been issued | 14 | | against the defendant
pursuant to proceedings under the | 15 | | Immigration and Nationality Act, and
| 16 | | (2) the deportation of the defendant would not | 17 | | deprecate the seriousness
of the defendant's conduct and | 18 | | would not be inconsistent with the ends of
justice.
| 19 | | Otherwise, the defendant shall be sentenced as provided in | 20 | | this Chapter V.
| 21 | | (B) If the defendant has already been sentenced for a | 22 | | felony or
misdemeanor
offense, or has been placed on probation | 23 | | under Section 10 of the Cannabis
Control Act,
Section 410 of | 24 | | the Illinois Controlled Substances Act, or Section 70 of the | 25 | | Methamphetamine Control and Community Protection Act, the | 26 | | court
may, upon motion of the State's Attorney to suspend the
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| 1 | | sentence imposed, commit the defendant to the custody of the | 2 | | Attorney General
of the United States or his or her designated | 3 | | agent when:
| 4 | | (1) a final order of deportation has been issued | 5 | | against the defendant
pursuant to proceedings under the | 6 | | Immigration and Nationality Act, and
| 7 | | (2) the deportation of the defendant would not | 8 | | deprecate the seriousness
of the defendant's conduct and | 9 | | would not be inconsistent with the ends of
justice.
| 10 | | (C) This subsection (l) does not apply to offenders who | 11 | | are subject to the
provisions of paragraph (2) of subsection | 12 | | (a) of Section 3-6-3.
| 13 | | (D) Upon motion of the State's Attorney, if a defendant | 14 | | sentenced under
this Section returns to the jurisdiction of | 15 | | the United States, the defendant
shall be recommitted to the | 16 | | custody of the county from which he or she was
sentenced.
| 17 | | Thereafter, the defendant shall be brought before the | 18 | | sentencing court, which
may impose any sentence that was | 19 | | available under Section 5-5-3 at the time of
initial | 20 | | sentencing. In addition, the defendant shall not be eligible | 21 | | for
additional earned sentence credit as provided under
| 22 | | Section 3-6-3.
| 23 | | (m) A person convicted of criminal defacement of property | 24 | | under Section
21-1.3 of the Criminal Code of 1961 or the | 25 | | Criminal Code of 2012, in which the property damage exceeds | 26 | | $300
and the property damaged is a school building, shall be |
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| 1 | | ordered to perform
community service that may include cleanup, | 2 | | removal, or painting over the
defacement.
| 3 | | (n) The court may sentence a person convicted of a | 4 | | violation of Section
12-19, 12-21, 16-1.3, or 17-56, or | 5 | | subsection (a) or (b) of Section 12-4.4a, of the Criminal Code | 6 | | of 1961 or the Criminal Code of 2012 (i) to an impact
| 7 | | incarceration program if the person is otherwise eligible for | 8 | | that program
under Section 5-8-1.1, (ii) to community service, | 9 | | or (iii) if the person has a substance use disorder, as defined
| 10 | | in the Substance Use Disorder Act, to a treatment program
| 11 | | 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 | 16 | | of license renewal established by the Secretary of State.
| 17 | | (Source: P.A. 100-575, eff. 1-8-18; 100-759, eff. 1-1-19; | 18 | | 100-987, eff. 7-1-19; 101-81, eff. 7-12-19.)
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