Full Text of SB0624 94th General Assembly
SB0624sam001 94TH GENERAL ASSEMBLY
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Sen. Richard J. Winkel Jr.
Filed: 3/28/2006
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LRB094 04347 DRH 57782 a |
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| AMENDMENT TO SENATE BILL 624
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| AMENDMENT NO. ______. Amend Senate Bill 624 by replacing | 3 |
| everything after the enacting clause with the following:
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| "Section 5. The Illinois Vehicle Code is amended by | 5 |
| changing Sections 3-707 and 6-118 as follows:
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| (625 ILCS 5/3-707) (from Ch. 95 1/2, par. 3-707)
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| Sec. 3-707. Operation of uninsured motor vehicle - penalty.
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| (a) No person
shall operate a motor vehicle unless the | 9 |
| motor vehicle is covered by a
liability insurance policy in | 10 |
| accordance with Section 7-601 of this Code.
| 11 |
| (b) Any person who fails to comply with a request by a law | 12 |
| enforcement
officer for display of evidence of insurance, as | 13 |
| required under Section
7-602 of this Code, shall be deemed to | 14 |
| be operating an uninsured motor vehicle.
| 15 |
| (c) Any operator of a motor vehicle subject to registration | 16 |
| under this
Code
who is convicted of violating this Section is | 17 |
| guilty of a business
offense and shall be required to pay a | 18 |
| fine in excess of $500, but
not more than $1,000. However, no | 19 |
| person charged with violating this
Section shall be convicted | 20 |
| if such person produces in court satisfactory
evidence that at | 21 |
| the time of the arrest the motor vehicle was covered by a
| 22 |
| liability insurance policy in accordance with Section 7-601 of | 23 |
| this Code.
The chief judge of each circuit may designate an | 24 |
| officer of the court to
review the documentation demonstrating |
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| that at the time of arrest the motor
vehicle was covered by a | 2 |
| liability insurance policy in accordance with Section
7-601 of | 3 |
| this Code. | 4 |
| (c-1) A person convicted of violating this Section shall | 5 |
| also have his or her driver's license, permit, or privileges | 6 |
| suspended for 3 months. After the expiration of the 3 months, | 7 |
| the person's driver's license, permit, or privileges shall not | 8 |
| be reinstated until he or she has paid a reinstatement fee of | 9 |
| $100. If a person violates this Section while his or her | 10 |
| driver's license, permit, or privileges are suspended under | 11 |
| this subsection (c-1), his or her driver's license, permit, or | 12 |
| privileges shall be suspended for an additional 6 months and | 13 |
| until he or she pays the reinstatement fee.
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| (d) A person convicted a third or subsequent time of | 15 |
| violating this
Section or a similar provision of a local | 16 |
| ordinance must give proof to the
Secretary of State of the | 17 |
| person's financial responsibility as defined in
Section 7-315. | 18 |
| The person must maintain the proof in a manner satisfactory to
| 19 |
| the Secretary for a minimum period of one year after the date | 20 |
| the proof is
first filed. The Secretary must suspend the | 21 |
| driver's license of any person
determined by the Secretary not | 22 |
| to have provided adequate proof of financial
responsibility as | 23 |
| required by this subsection.
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| (Source: P.A. 92-775, eff. 7-1-03.)
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| (625 ILCS 5/6-118) (from Ch. 95 1/2, par. 6-118)
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| Sec. 6-118. Fees.
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| (a) The fee for licenses and permits under this
Article is | 28 |
| as follows:
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| Original driver's license ............................$10
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| Original or renewal driver's license
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| issued to 18, 19 and 20 year olds ..................5
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| All driver's licenses for persons
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| age 69 through age 80 ..............................5
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| All driver's licenses for persons
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| age 81 through age 86 ..............................2
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| All driver's licenses for persons
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| age 87 or older ....................................0
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| Renewal driver's license (except for
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| applicants ages 18, 19 and 20 or
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| age 69 and older) .................................10
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| Original instruction permit issued to
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| persons (except those age 69 and older)
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| who do not hold or have not previously
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| held an Illinois instruction permit or
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| driver's license ..................................20
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| Instruction permit issued to any person
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| holding an Illinois driver's license
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| who wishes a change in classifications,
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| other than at the time of renewal ..................5
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| Any instruction permit issued to a person
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| age 69 and older ...................................5
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| Instruction permit issued to any person,
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| under age 69, not currently holding a
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| valid Illinois driver's license or
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| instruction permit but who has
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| previously been issued either document
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| in Illinois .......................................10
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| Restricted driving permit ..............................8
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| Duplicate or corrected driver's license
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| or permit ..........................................5
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| Duplicate or corrected restricted
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| driving permit .....................................5
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| Original or renewal M or L endorsement .................5
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| SPECIAL FEES FOR COMMERCIAL DRIVER'S LICENSE
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| The fees for commercial driver licenses and permits | 33 |
| under Article V
shall be as follows:
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| Commercial driver's license:
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| $6 for the CDLIS/AAMVAnet Fund
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| (Commercial Driver's License Information
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| System/American Association of Motor Vehicle
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| Administrators network Trust Fund);
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| $20 for the Motor Carrier Safety Inspection Fund;
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| $10 for the driver's license;
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| and $24 for the CDL: .............................$60
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| Renewal commercial driver's license:
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| $6 for the CDLIS/AAMVAnet Trust Fund;
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| $20 for the Motor Carrier Safety Inspection Fund;
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| $10 for the driver's license; and
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| $24 for the CDL: .................................$60
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| Commercial driver instruction permit
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| issued to any person holding a valid
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| Illinois driver's license for the
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| purpose of changing to a
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| CDL classification: $6 for the
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| CDLIS/AAMVAnet Trust Fund;
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| $20 for the Motor Carrier
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| Safety Inspection Fund; and
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| $24 for the CDL classification ...................$50
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| Commercial driver instruction permit
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| issued to any person holding a valid
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| Illinois CDL for the purpose of
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| making a change in a classification,
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| endorsement or restriction ........................$5
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| CDL duplicate or corrected license ....................$5
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| In order to ensure the proper implementation of the Uniform | 29 |
| Commercial
Driver License Act, Article V of this Chapter, the | 30 |
| Secretary of State is
empowered to pro-rate the $24 fee for the | 31 |
| commercial driver's license
proportionate to the expiration | 32 |
| date of the applicant's Illinois driver's
license.
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| The fee for any duplicate license or permit shall be waived | 34 |
| for any
person age 60 or older who presents the Secretary of |
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| State's office with a
police report showing that his license or | 2 |
| permit was stolen.
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| No additional fee shall be charged for a driver's license, | 4 |
| or for a
commercial driver's license, when issued
to the holder | 5 |
| of an instruction permit for the same classification or
type of | 6 |
| license who becomes eligible for such
license.
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| (b) Any person whose license or privilege to operate a | 8 |
| motor vehicle
in this State has been suspended or revoked under | 9 |
| Section 3-707, any
provision of
Chapter 6, Chapter 11, or | 10 |
| Section 7-205, 7-303, or 7-702 of the Family
Financial
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| Responsibility Law of this Code, shall in addition to any other
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| fees required by this Code, pay a reinstatement fee as follows:
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| Suspension under Section 3-707 ......................$100
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| Summary suspension under Section 11-501.1 ...........$250
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| Other suspension .....................................$70
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| Revocation ..........................................$500
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| However, any person whose license or privilege to operate a | 18 |
| motor vehicle
in this State has been suspended or revoked for a | 19 |
| second or subsequent time
for a violation of Section 11-501 or | 20 |
| 11-501.1
of this Code or a similar provision of a local | 21 |
| ordinance
or a similar out-of-state offense
or Section 9-3 of | 22 |
| the Criminal Code of 1961
and each suspension or revocation was | 23 |
| for a violation of Section 11-501 or
11-501.1 of this Code or a | 24 |
| similar provision of a local ordinance
or a similar | 25 |
| out-of-state offense
or Section
9-3 of the Criminal Code of | 26 |
| 1961
shall pay, in addition to any other
fees required by this | 27 |
| Code, a
reinstatement
fee as follows:
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| Summary suspension under Section 11-501.1 ...........$500
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| Revocation ..........................................$500
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| (c) All fees collected under the provisions of this Chapter | 31 |
| 6 shall be
paid into the Road Fund in the State Treasury except | 32 |
| as follows:
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| 1. The following amounts shall be paid into the Driver | 34 |
| Education Fund:
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| (A) $16 of the $20
fee for an original driver's | 2 |
| instruction permit;
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| (B) $5 of the $10 fee for an original driver's | 4 |
| license;
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| (C) $5 of the $10 fee for a 4 year renewal driver's | 6 |
| license;
and
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| (D) $4 of the $8 fee for a restricted driving | 8 |
| permit.
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| 2. $30 of the $250 fee for reinstatement of a
license
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| summarily suspended under Section 11-501.1 shall be | 11 |
| deposited into the
Drunk and Drugged Driving Prevention | 12 |
| Fund.
However, for a person whose license or privilege to | 13 |
| operate a motor vehicle
in this State has been suspended or | 14 |
| revoked for a second or subsequent time for
a violation of | 15 |
| Section 11-501 or 11-501.1 of this Code or Section 9-3 of | 16 |
| the
Criminal Code of 1961,
$190 of the $500 fee for | 17 |
| reinstatement of a license summarily
suspended under
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| Section 11-501.1,
and $190 of the $500 fee for | 19 |
| reinstatement of a revoked license
shall be deposited into | 20 |
| the Drunk and Drugged Driving Prevention Fund.
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| 3. $6 of such original or renewal fee for a commercial | 22 |
| driver's
license and $6 of the commercial driver | 23 |
| instruction permit fee when such
permit is issued to any | 24 |
| person holding a valid Illinois driver's license,
shall be | 25 |
| paid into the CDLIS/AAMVAnet Trust Fund.
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| 4. $30 of the $70 fee for reinstatement of a license | 27 |
| suspended
under the
Family
Financial Responsibility Law | 28 |
| shall be paid into the Family Responsibility
Fund.
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| 5. The $5 fee for each original or renewal M or L | 30 |
| endorsement shall be
deposited into the Cycle Rider Safety | 31 |
| Training Fund.
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| 6. $20 of any original or renewal fee for a commercial | 33 |
| driver's
license or commercial driver instruction permit | 34 |
| shall be paid into the Motor
Carrier Safety Inspection |
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| Fund.
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| 7. The following amounts shall be paid into the General | 3 |
| Revenue Fund:
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| (A) $190 of the $250 reinstatement fee for a | 5 |
| summary suspension under
Section 11-501.1;
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| (B) $40 of the $70 reinstatement fee for any other | 7 |
| suspension provided
in subsection (b) of this Section; | 8 |
| and
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| (C) $440 of the $500 reinstatement fee for a first | 10 |
| offense revocation
and $310 of the $500 reinstatement | 11 |
| fee for a second or subsequent revocation.
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| (Source: P.A. 92-458, eff. 8-22-01; 93-32, eff. 1-1-04; 93-788, | 13 |
| eff. 1-1-05.)
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| Section 10. The Unified Code of Corrections is amended by | 15 |
| changing Section 5-5-3 as follows:
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| (730 ILCS 5/5-5-3) (from Ch. 38, par. 1005-5-3)
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| Sec. 5-5-3. Disposition.
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| (a) Except as provided in Section 11-501 of the Illinois | 19 |
| Vehicle Code, every person convicted of an offense shall be | 20 |
| sentenced as provided
in this Section.
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| (b) The following options shall be appropriate | 22 |
| dispositions, alone
or in combination, for all felonies and | 23 |
| misdemeanors other than those
identified in subsection (c) of | 24 |
| this Section:
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| (1) A period of probation.
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| (2) A term of periodic imprisonment.
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| (3) A term of conditional discharge.
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| (4) A term of imprisonment.
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| (5) An order directing the offender to clean up and | 30 |
| repair the
damage, if the offender was convicted under | 31 |
| paragraph (h) of Section
21-1 of the Criminal Code of 1961 | 32 |
| (now repealed).
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| (6) A fine.
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| (7) An order directing the offender to make restitution | 3 |
| to the
victim under Section 5-5-6 of this Code.
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| (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.
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| 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.
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| (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.
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| (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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| (B) Attempted first degree murder.
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| (C) A Class X felony.
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| (D) A violation of Section 401.1 or 407 of the
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| Illinois Controlled Substances Act, or a violation of | 31 |
| subdivision (c)(1) or
(c)(2) of
Section 401 of that Act | 32 |
| which relates to more than 5 grams of a substance
| 33 |
| containing heroin or cocaine or an analog thereof.
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| (E) A violation of Section 5.1 or 9 of the Cannabis |
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| Control
Act.
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| (F) A Class 2 or greater felony if the offender had | 3 |
| been convicted
of a Class 2 or greater felony within 10 | 4 |
| years of the date on which the
offender
committed the | 5 |
| offense for which he or she is being sentenced, except | 6 |
| as
otherwise provided in Section 40-10 of the | 7 |
| Alcoholism and Other Drug Abuse and
Dependency Act.
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| (F-5) A violation of Section 24-1, 24-1.1, or | 9 |
| 24-1.6 of the Criminal Code of 1961 for which | 10 |
| imprisonment is prescribed in those Sections.
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| (G) Residential burglary, except as otherwise | 12 |
| provided in Section 40-10
of the Alcoholism and Other | 13 |
| Drug Abuse and Dependency Act.
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| (H) Criminal sexual assault.
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| (I) Aggravated battery of a senior citizen.
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| (J) A forcible felony if the offense was related to | 17 |
| the activities of an
organized gang.
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| Before July 1, 1994, for the purposes of this | 19 |
| paragraph, "organized
gang" means an association of 5 | 20 |
| or more persons, with an established hierarchy,
that | 21 |
| encourages members of the association to perpetrate | 22 |
| crimes or provides
support to the members of the | 23 |
| association who do commit crimes.
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| Beginning July 1, 1994, for the purposes of this | 25 |
| paragraph,
"organized gang" has the meaning ascribed | 26 |
| to it in Section 10 of the Illinois
Streetgang | 27 |
| Terrorism Omnibus Prevention Act.
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| (K) Vehicular hijacking.
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| (L) A second or subsequent conviction for the | 30 |
| offense of hate crime
when the underlying offense upon | 31 |
| which the hate crime is based is felony
aggravated
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| assault or felony mob action.
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| (M) A second or subsequent conviction for the | 34 |
| offense of institutional
vandalism if the damage to the |
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| property exceeds $300.
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| (N) A Class 3 felony violation of paragraph (1) of | 3 |
| subsection (a) of
Section 2 of the Firearm Owners | 4 |
| Identification Card Act.
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| (O) A violation of Section 12-6.1 of the Criminal | 6 |
| Code of 1961.
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| (P) A violation of paragraph (1), (2), (3), (4), | 8 |
| (5), or (7) of
subsection (a)
of Section 11-20.1 of the | 9 |
| Criminal Code of 1961.
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| (Q) A violation of Section 20-1.2 or 20-1.3 of the | 11 |
| Criminal Code of
1961.
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| (R) A violation of Section 24-3A of the Criminal | 13 |
| Code of
1961.
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| (S) (Blank).
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| (T) A second or subsequent violation of the | 16 |
| Methamphetamine Control and Community Protection Act.
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| (3) (Blank).
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| (4) A minimum term of imprisonment of not less than 10
| 19 |
| consecutive days or 30 days of community service shall be | 20 |
| imposed for a
violation of paragraph (c) of Section 6-303 | 21 |
| of the Illinois Vehicle Code.
| 22 |
| (4.1) (Blank).
| 23 |
| (4.2) Except as provided in paragraph (4.3) of this | 24 |
| subsection (c), a
minimum of
100 hours of community service | 25 |
| shall be imposed for a second violation of
Section 6-303
of | 26 |
| the Illinois Vehicle Code.
| 27 |
| (4.3) A minimum term of imprisonment of 30 days or 300 | 28 |
| hours of community
service, as determined by the court, | 29 |
| shall
be imposed for a second violation of subsection (c) | 30 |
| of Section 6-303 of the
Illinois Vehicle Code.
| 31 |
| (4.4) Except as provided in paragraph (4.5) and | 32 |
| paragraph (4.6) of this
subsection (c), a
minimum term of | 33 |
| imprisonment of 30 days or 300 hours of community service, | 34 |
| as
determined by the court, shall
be imposed
for a third or |
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| subsequent violation of Section 6-303 of the Illinois | 2 |
| Vehicle
Code.
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| (4.5) A minimum term of imprisonment of 30 days
shall | 4 |
| be imposed for a third violation of subsection (c) of
| 5 |
| Section 6-303 of the Illinois Vehicle Code.
| 6 |
| (4.6) A minimum term of imprisonment of 180 days shall | 7 |
| be imposed for a
fourth or subsequent violation of | 8 |
| subsection (c) of Section 6-303 of the
Illinois Vehicle | 9 |
| Code.
| 10 |
| (5) The court may sentence an offender convicted of a | 11 |
| business
offense or a petty offense or a corporation or | 12 |
| unincorporated
association convicted of any offense to:
| 13 |
| (A) a period of conditional discharge;
| 14 |
| (B) a fine;
| 15 |
| (C) make restitution to the victim under Section | 16 |
| 5-5-6 of this Code.
| 17 |
| (5.1) In addition to any penalties imposed under | 18 |
| paragraph (5) of this
subsection (c), and except as | 19 |
| provided in paragraph (5.2) or (5.3), a person
convicted of | 20 |
| violating subsection (c) of Section 11-907 of the Illinois
| 21 |
| Vehicle Code shall have his or her driver's license, | 22 |
| permit, or privileges
suspended for at least 90 days but | 23 |
| not more than one year, if the violation
resulted in damage | 24 |
| to the property of another person.
| 25 |
| (5.2) In addition to any penalties imposed under | 26 |
| paragraph (5) of this
subsection (c), and except as | 27 |
| provided in paragraph (5.3), a person convicted
of | 28 |
| violating subsection (c) of Section 11-907 of the Illinois | 29 |
| Vehicle Code
shall have his or her driver's license, | 30 |
| permit, or privileges suspended for at
least 180 days but | 31 |
| not more than 2 years, if the violation resulted in injury
| 32 |
| to
another person.
| 33 |
| (5.3) In addition to any penalties imposed under | 34 |
| paragraph (5) of
this
subsection (c), a person convicted of |
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| violating subsection (c) of Section
11-907 of the Illinois | 2 |
| Vehicle Code shall have his or her driver's license,
| 3 |
| permit, or privileges suspended for 2 years, if the | 4 |
| violation resulted in the
death of another person. | 5 |
| (5.4) In addition to any penalties imposed under | 6 |
| paragraph (5) of this subsection (c), a person convicted of | 7 |
| violating Section 3-707 of the Illinois Vehicle Code shall | 8 |
| have his driver's license, permit, or privileges suspended | 9 |
| for 3 months and until he or she has paid a reinstatement | 10 |
| fee of $100. | 11 |
| (5.5) In addition to any penalties imposed under | 12 |
| paragraph (5) of this subsection (c), a person convicted of | 13 |
| violating Section 3-707 of the Illinois Vehicle Code during | 14 |
| a period in which his or her driver's license, permit, or | 15 |
| privileges were suspended for a previous violation of that | 16 |
| Section shall have his driver's license, permit, or | 17 |
| privileges suspended for an additional 6 months after the | 18 |
| expiration of the original 3-month suspension and until he | 19 |
| or she has paid a reinstatement fee of $100.
| 20 |
| (6) In no case shall an offender be eligible for a | 21 |
| disposition of
probation or conditional discharge for a | 22 |
| Class 1 felony committed while
he was serving a term of | 23 |
| probation or conditional discharge for a felony.
| 24 |
| (7) When a defendant is adjudged a habitual criminal | 25 |
| under Article
33B of the Criminal Code of 1961, the court | 26 |
| shall sentence
the defendant to a term of natural life | 27 |
| imprisonment.
| 28 |
| (8) When a defendant, over the age of 21 years, is | 29 |
| convicted of a
Class 1 or Class 2 felony, after having | 30 |
| twice been convicted
in any state or
federal court of an | 31 |
| offense that contains the same elements as an offense now
| 32 |
| classified in Illinois as a Class 2 or greater Class felony
| 33 |
| and such charges are
separately brought and tried and arise | 34 |
| out of different series of acts,
such defendant shall be |
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| sentenced as a Class X offender. This paragraph
shall not | 2 |
| apply unless (1) the first felony was committed after the
| 3 |
| effective date of this amendatory Act of 1977; and (2) the | 4 |
| second felony
was committed after conviction on the first; | 5 |
| and (3) the third felony
was committed after conviction on | 6 |
| the second.
A person sentenced as a Class X offender under | 7 |
| this paragraph is not
eligible to apply for treatment as a | 8 |
| condition of probation as provided by
Section 40-10 of the | 9 |
| Alcoholism and Other Drug Abuse and Dependency Act.
| 10 |
| (9) A defendant convicted of a second or subsequent | 11 |
| offense of ritualized
abuse of a child may be sentenced to | 12 |
| a term of natural life imprisonment.
| 13 |
| (10) (Blank).
| 14 |
| (11) The court shall impose a minimum fine of $1,000 | 15 |
| for a first offense
and $2,000 for a second or subsequent | 16 |
| offense upon a person convicted of or
placed on supervision | 17 |
| for battery when the individual harmed was a sports
| 18 |
| official or coach at any level of competition and the act | 19 |
| causing harm to the
sports
official or coach occurred | 20 |
| within an athletic facility or within the immediate | 21 |
| vicinity
of the athletic facility at which the sports | 22 |
| official or coach was an active
participant
of the athletic | 23 |
| contest held at the athletic facility. For the purposes of
| 24 |
| this paragraph (11), "sports official" means a person at an | 25 |
| athletic contest
who enforces the rules of the contest, | 26 |
| such as an umpire or referee; "athletic facility" means an | 27 |
| indoor or outdoor playing field or recreational area where | 28 |
| sports activities are conducted;
and "coach" means a person | 29 |
| recognized as a coach by the sanctioning
authority that | 30 |
| conducted the sporting event. | 31 |
| (12) A person may not receive a disposition of court | 32 |
| supervision for a
violation of Section 5-16 of the Boat | 33 |
| Registration and Safety Act if that
person has previously | 34 |
| received a disposition of court supervision for a
violation |
|
|
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| 1 |
| of that Section.
| 2 |
| (d) In any case in which a sentence originally imposed is | 3 |
| vacated,
the case shall be remanded to the trial court. The | 4 |
| trial court shall
hold a hearing under Section 5-4-1 of the | 5 |
| Unified Code of Corrections
which may include evidence of the | 6 |
| defendant's life, moral character and
occupation during the | 7 |
| time since the original sentence was passed. The
trial court | 8 |
| shall then impose sentence upon the defendant. The trial
court | 9 |
| may impose any sentence which could have been imposed at the
| 10 |
| original trial subject to Section 5-5-4 of the Unified Code of | 11 |
| Corrections.
If a sentence is vacated on appeal or on | 12 |
| collateral attack due to the
failure of the trier of fact at | 13 |
| trial to determine beyond a reasonable doubt
the
existence of a | 14 |
| fact (other than a prior conviction) necessary to increase the
| 15 |
| punishment for the offense beyond the statutory maximum | 16 |
| otherwise applicable,
either the defendant may be re-sentenced | 17 |
| to a term within the range otherwise
provided or, if the State | 18 |
| files notice of its intention to again seek the
extended | 19 |
| sentence, the defendant shall be afforded a new trial.
| 20 |
| (e) In cases where prosecution for
aggravated criminal | 21 |
| sexual abuse under Section 12-16 of the
Criminal Code of 1961 | 22 |
| results in conviction of a defendant
who was a family member of | 23 |
| the victim at the time of the commission of the
offense, the | 24 |
| court shall consider the safety and welfare of the victim and
| 25 |
| may impose a sentence of probation only where:
| 26 |
| (1) the court finds (A) or (B) or both are appropriate:
| 27 |
| (A) the defendant is willing to undergo a court | 28 |
| approved counseling
program for a minimum duration of 2 | 29 |
| years; or
| 30 |
| (B) the defendant is willing to participate in a | 31 |
| court approved plan
including but not limited to the | 32 |
| defendant's:
| 33 |
| (i) removal from the household;
| 34 |
| (ii) restricted contact with the victim;
|
|
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| (iii) continued financial support of the | 2 |
| family;
| 3 |
| (iv) restitution for harm done to the victim; | 4 |
| and
| 5 |
| (v) compliance with any other measures that | 6 |
| the court may
deem appropriate; and
| 7 |
| (2) the court orders the defendant to pay for the | 8 |
| victim's counseling
services, to the extent that the court | 9 |
| finds, after considering the
defendant's income and | 10 |
| assets, that the defendant is financially capable of
paying | 11 |
| for such services, if the victim was under 18 years of age | 12 |
| at the
time the offense was committed and requires | 13 |
| counseling as a result of the
offense.
| 14 |
| Probation may be revoked or modified pursuant to Section | 15 |
| 5-6-4; except
where the court determines at the hearing that | 16 |
| the defendant violated a
condition of his or her probation | 17 |
| restricting contact with the victim or
other family members or | 18 |
| commits another offense with the victim or other
family | 19 |
| members, the court shall revoke the defendant's probation and
| 20 |
| impose a term of imprisonment.
| 21 |
| For the purposes of this Section, "family member" and | 22 |
| "victim" shall have
the meanings ascribed to them in Section | 23 |
| 12-12 of the Criminal Code of
1961.
| 24 |
| (f) This Article shall not deprive a court in other | 25 |
| proceedings to
order a forfeiture of property, to suspend or | 26 |
| cancel a license, to
remove a person from office, or to impose | 27 |
| any other civil penalty.
| 28 |
| (g) Whenever a defendant is convicted of an offense under | 29 |
| Sections
11-14, 11-15, 11-15.1, 11-16, 11-17, 11-18, 11-18.1, | 30 |
| 11-19, 11-19.1, 11-19.2,
12-13, 12-14, 12-14.1, 12-15 or 12-16 | 31 |
| of the Criminal Code of 1961,
the defendant shall undergo | 32 |
| medical testing to
determine whether the defendant has any | 33 |
| sexually transmissible disease,
including a test for infection | 34 |
| with human immunodeficiency virus (HIV) or
any other identified |
|
|
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| causative agent of acquired immunodeficiency syndrome
(AIDS). | 2 |
| Any such medical test shall be performed only by appropriately
| 3 |
| licensed medical practitioners and may include an analysis of | 4 |
| any bodily
fluids as well as an examination of the defendant's | 5 |
| person.
Except as otherwise provided by law, the results of | 6 |
| such test shall be kept
strictly confidential by all medical | 7 |
| personnel involved in the testing and must
be personally | 8 |
| delivered in a sealed envelope to the judge of the court in | 9 |
| which
the conviction was entered for the judge's inspection in | 10 |
| camera. Acting in
accordance with the best interests of the | 11 |
| victim and the public, the judge
shall have the discretion to | 12 |
| determine to whom, if anyone, the results of the
testing may be | 13 |
| revealed. The court shall notify the defendant
of the test | 14 |
| results. The court shall
also notify the victim if requested by | 15 |
| the victim, and if the victim is under
the age of 15 and if | 16 |
| requested by the victim's parents or legal guardian, the
court | 17 |
| shall notify the victim's parents or legal guardian of the test
| 18 |
| results.
The court shall provide information on the | 19 |
| availability of HIV testing
and counseling at Department of | 20 |
| Public Health facilities to all parties to
whom the results of | 21 |
| the testing are revealed and shall direct the State's
Attorney | 22 |
| to provide the information to the victim when possible.
A | 23 |
| State's Attorney may petition the court to obtain the results | 24 |
| of any HIV test
administered under this Section, and the court | 25 |
| shall grant the disclosure if
the State's Attorney shows it is | 26 |
| relevant in order to prosecute a charge of
criminal | 27 |
| transmission of HIV under Section 12-16.2 of the Criminal Code | 28 |
| of 1961
against the defendant. The court shall order that the | 29 |
| cost of any such test
shall be paid by the county and may be | 30 |
| taxed as costs against the convicted
defendant.
| 31 |
| (g-5) When an inmate is tested for an airborne communicable | 32 |
| disease, as
determined by the Illinois Department of Public | 33 |
| Health including but not
limited to tuberculosis, the results | 34 |
| of the test shall be
personally delivered by the warden or his |
|
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| or her designee in a sealed envelope
to the judge of the court | 2 |
| in which the inmate must appear for the judge's
inspection in | 3 |
| camera if requested by the judge. Acting in accordance with the
| 4 |
| best interests of those in the courtroom, the judge shall have | 5 |
| the discretion
to determine what if any precautions need to be | 6 |
| taken to prevent transmission
of the disease in the courtroom.
| 7 |
| (h) Whenever a defendant is convicted of an offense under | 8 |
| Section 1 or 2
of the Hypodermic Syringes and Needles Act, the | 9 |
| defendant shall undergo
medical testing to determine whether | 10 |
| the defendant has been exposed to human
immunodeficiency virus | 11 |
| (HIV) or any other identified causative agent of
acquired | 12 |
| immunodeficiency syndrome (AIDS). Except as otherwise provided | 13 |
| by
law, the results of such test shall be kept strictly | 14 |
| confidential by all
medical personnel involved in the testing | 15 |
| and must be personally delivered in a
sealed envelope to the | 16 |
| judge of the court in which the conviction was entered
for the | 17 |
| judge's inspection in camera. Acting in accordance with the | 18 |
| best
interests of the public, the judge shall have the | 19 |
| discretion to determine to
whom, if anyone, the results of the | 20 |
| testing may be revealed. The court shall
notify the defendant | 21 |
| of a positive test showing an infection with the human
| 22 |
| immunodeficiency virus (HIV). The court shall provide | 23 |
| information on the
availability of HIV testing and counseling | 24 |
| at Department of Public Health
facilities to all parties to | 25 |
| whom the results of the testing are revealed and
shall direct | 26 |
| the State's Attorney to provide the information to the victim | 27 |
| when
possible. A State's Attorney may petition the court to | 28 |
| obtain the results of
any HIV test administered under this | 29 |
| Section, and the court shall grant the
disclosure if the | 30 |
| State's Attorney shows it is relevant in order to prosecute a
| 31 |
| charge of criminal transmission of HIV under Section 12-16.2 of | 32 |
| the Criminal
Code of 1961 against the defendant. The court | 33 |
| shall order that the cost of any
such test shall be paid by the | 34 |
| county and may be taxed as costs against the
convicted |
|
|
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09400SB0624sam001 |
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LRB094 04347 DRH 57782 a |
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| 1 |
| defendant.
| 2 |
| (i) All fines and penalties imposed under this Section for | 3 |
| any violation
of Chapters 3, 4, 6, and 11 of the Illinois | 4 |
| Vehicle Code, or a similar
provision of a local ordinance, and | 5 |
| any violation
of the Child Passenger Protection Act, or a | 6 |
| similar provision of a local
ordinance, shall be collected and | 7 |
| disbursed by the circuit
clerk as provided under Section 27.5 | 8 |
| of the Clerks of Courts Act.
| 9 |
| (j) In cases when prosecution for any violation of Section | 10 |
| 11-6, 11-8,
11-9, 11-11, 11-14, 11-15, 11-15.1, 11-16, 11-17, | 11 |
| 11-17.1, 11-18, 11-18.1,
11-19, 11-19.1, 11-19.2, 11-20.1, | 12 |
| 11-21, 12-13, 12-14, 12-14.1, 12-15, or
12-16 of the
Criminal | 13 |
| Code of 1961, any violation of the Illinois Controlled | 14 |
| Substances Act,
any violation of the Cannabis Control Act, or | 15 |
| any violation of the Methamphetamine Control and Community | 16 |
| Protection Act results in conviction, a
disposition of court | 17 |
| supervision, or an order of probation granted under
Section 10 | 18 |
| of the Cannabis Control Act, Section 410 of the Illinois
| 19 |
| Controlled Substance Act, or Section 70 of the Methamphetamine | 20 |
| Control and Community Protection Act of a defendant, the court | 21 |
| shall determine whether the
defendant is employed by a facility | 22 |
| or center as defined under the Child Care
Act of 1969, a public | 23 |
| or private elementary or secondary school, or otherwise
works | 24 |
| with children under 18 years of age on a daily basis. When a | 25 |
| defendant
is so employed, the court shall order the Clerk of | 26 |
| the Court to send a copy of
the judgment of conviction or order | 27 |
| of supervision or probation to the
defendant's employer by | 28 |
| certified mail.
If the employer of the defendant is a school, | 29 |
| the Clerk of the Court shall
direct the mailing of a copy of | 30 |
| the judgment of conviction or order of
supervision or probation | 31 |
| to the appropriate regional superintendent of schools.
The | 32 |
| regional superintendent of schools shall notify the State Board | 33 |
| of
Education of any notification under this subsection.
| 34 |
| (j-5) A defendant at least 17 years of age who is convicted |
|
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| 1 |
| of a felony and
who has not been previously convicted of a | 2 |
| misdemeanor or felony and who is
sentenced to a term of | 3 |
| imprisonment in the Illinois Department of Corrections
shall as | 4 |
| a condition of his or her sentence be required by the court to | 5 |
| attend
educational courses designed to prepare the defendant | 6 |
| for a high school diploma
and to work toward a high school | 7 |
| diploma or to work toward passing the high
school level Test of | 8 |
| General Educational Development (GED) or to work toward
| 9 |
| completing a vocational training program offered by the | 10 |
| Department of
Corrections. If a defendant fails to complete the | 11 |
| educational training
required by his or her sentence during the | 12 |
| term of incarceration, the Prisoner
Review Board shall, as a | 13 |
| condition of mandatory supervised release, require the
| 14 |
| defendant, at his or her own expense, to pursue a course of | 15 |
| study toward a high
school diploma or passage of the GED test. | 16 |
| The Prisoner Review Board shall
revoke the mandatory supervised | 17 |
| release of a defendant who wilfully fails to
comply with this | 18 |
| subsection (j-5) upon his or her release from confinement in a
| 19 |
| penal institution while serving a mandatory supervised release | 20 |
| term; however,
the inability of the defendant after making a | 21 |
| good faith effort to obtain
financial aid or pay for the | 22 |
| educational training shall not be deemed a wilful
failure to | 23 |
| comply. The Prisoner Review Board shall recommit the defendant
| 24 |
| whose mandatory supervised release term has been revoked under | 25 |
| this subsection
(j-5) as provided in Section 3-3-9. This | 26 |
| subsection (j-5) does not apply to a
defendant who has a high | 27 |
| school diploma or has successfully passed the GED
test. This | 28 |
| subsection (j-5) does not apply to a defendant who is | 29 |
| determined by
the court to be developmentally disabled or | 30 |
| otherwise mentally incapable of
completing the educational or | 31 |
| vocational program.
| 32 |
| (k) A court may not impose a sentence or disposition for a
| 33 |
| felony or misdemeanor that requires the defendant to be | 34 |
| implanted or injected
with or to use any form of birth control.
|
|
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| (l) (A) Except as provided
in paragraph (C) of subsection | 2 |
| (l), whenever a defendant,
who is an alien as defined by | 3 |
| the Immigration and Nationality Act, is convicted
of any | 4 |
| felony or misdemeanor offense, the court after sentencing | 5 |
| the defendant
may, upon motion of the State's Attorney, | 6 |
| hold sentence in abeyance and remand
the defendant to the | 7 |
| custody of the Attorney General of
the United States or his | 8 |
| or her designated agent to be deported when:
| 9 |
| (1) a final order of deportation has been issued | 10 |
| against the defendant
pursuant to proceedings under | 11 |
| the Immigration and Nationality Act, and
| 12 |
| (2) the deportation of the defendant would not | 13 |
| deprecate the seriousness
of the defendant's conduct | 14 |
| and would not be inconsistent with the ends of
justice.
| 15 |
| Otherwise, the defendant shall be sentenced as | 16 |
| provided in this Chapter V.
| 17 |
| (B) If the defendant has already been sentenced for a | 18 |
| felony or
misdemeanor
offense, or has been placed on | 19 |
| probation under Section 10 of the Cannabis
Control Act,
| 20 |
| Section 410 of the Illinois Controlled Substances Act, or | 21 |
| Section 70 of the Methamphetamine Control and Community | 22 |
| Protection Act, the court
may, upon motion of the State's | 23 |
| Attorney to suspend the
sentence imposed, commit the | 24 |
| defendant to the custody of the Attorney General
of the | 25 |
| United States or his or her designated agent when:
| 26 |
| (1) a final order of deportation has been issued | 27 |
| against the defendant
pursuant to proceedings under | 28 |
| the Immigration and Nationality Act, and
| 29 |
| (2) the deportation of the defendant would not | 30 |
| deprecate the seriousness
of the defendant's conduct | 31 |
| and would not be inconsistent with the ends of
justice.
| 32 |
| (C) This subsection (l) does not apply to offenders who | 33 |
| are subject to the
provisions of paragraph (2) of | 34 |
| subsection (a) of Section 3-6-3.
|
|
|
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| (D) Upon motion of the State's Attorney, if a defendant | 2 |
| sentenced under
this Section returns to the jurisdiction of | 3 |
| the United States, the defendant
shall be recommitted to | 4 |
| the custody of the county from which he or she was
| 5 |
| sentenced.
Thereafter, the defendant shall be brought | 6 |
| before the sentencing court, which
may impose any sentence | 7 |
| that was available under Section 5-5-3 at the time of
| 8 |
| initial sentencing. In addition, the defendant shall not be | 9 |
| eligible for
additional good conduct credit for | 10 |
| meritorious service as provided under
Section 3-6-6.
| 11 |
| (m) A person convicted of criminal defacement of property | 12 |
| under Section
21-1.3 of the Criminal Code of 1961, in which the | 13 |
| property damage exceeds $300
and the property damaged is a | 14 |
| school building, shall be ordered to perform
community service | 15 |
| that may include cleanup, removal, or painting over the
| 16 |
| defacement.
| 17 |
| (n) The court may sentence a person convicted of a | 18 |
| violation of Section
12-19, 12-21, or 16-1.3 of the Criminal | 19 |
| Code of 1961 (i) to an impact
incarceration program if the | 20 |
| person is otherwise eligible for that program
under Section | 21 |
| 5-8-1.1, (ii) to community service, or (iii) if the person is | 22 |
| an
addict or alcoholic, as defined in the Alcoholism and Other | 23 |
| Drug Abuse and
Dependency Act, to a substance or alcohol abuse | 24 |
| program licensed under that
Act.
| 25 |
| (Source: P.A. 93-44, eff. 7-1-03; 93-156, eff. 1-1-04; 93-169, | 26 |
| eff. 7-10-03; 93-301, eff. 1-1-04; 93-419, eff. 1-1-04; 93-546, | 27 |
| eff. 1-1-04; 93-694, eff. 7-9-04; 93-782, eff. 1-1-05; 93-800, | 28 |
| eff. 1-1-05; 93-1014, eff. 1-1-05; 94-72, eff. 1-1-06; 94-556, | 29 |
| eff. 9-11-05; revised 8-19-05.)
| 30 |
| Section 99. Effective date. This Act takes effect July 1, | 31 |
| 2007.".
|
|