Full Text of SB0902 101st General Assembly
SB0902sam001 101ST GENERAL ASSEMBLY | Sen. Chapin Rose Filed: 4/5/2019
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| 1 | | AMENDMENT TO SENATE BILL 902
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 902 by replacing | 3 | | everything after the enacting clause with the following:
| 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.
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| 1 | | (c) Sells or gives any firearm to any narcotic addict.
| 2 | | (d) Sells or gives any firearm to any person who has | 3 | | been convicted of a
felony under the laws of this or any | 4 | | other jurisdiction.
| 5 | | (e) Sells or gives any firearm to any person who has | 6 | | been a patient in a
mental institution within the past 5 | 7 | | years. In this subsection (e): | 8 | | "Mental institution" means any hospital, | 9 | | institution, clinic, evaluation facility, mental | 10 | | health center, or part thereof, which is used primarily | 11 | | for the care or treatment of persons with mental | 12 | | illness. | 13 | | "Patient in a mental institution" means the person | 14 | | was admitted, either voluntarily or involuntarily, to | 15 | | a mental institution for mental health treatment, | 16 | | unless the treatment was voluntary and solely for an | 17 | | alcohol abuse disorder and no other secondary | 18 | | substance abuse disorder or mental illness.
| 19 | | (f) Sells or gives any firearms to any person who is a | 20 | | person with an intellectual disability.
| 21 | | (g) Delivers any firearm, incidental to a sale, without | 22 | | withholding delivery of the firearm
for at least 72 hours | 23 | | after application for its purchase has been made, or
| 24 | | delivers a stun gun or taser, incidental to a sale,
without | 25 | | withholding delivery of the stun gun or taser for
at least | 26 | | 24 hours after application for its purchase has been made.
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| 1 | | However,
this paragraph (g) does not apply to: (1) the sale | 2 | | of a firearm
to a law enforcement officer if the seller of | 3 | | the firearm knows that the person to whom he or she is | 4 | | selling the firearm is a law enforcement officer or the | 5 | | sale of a firearm to a person who desires to purchase a | 6 | | firearm for
use in promoting the public interest incident | 7 | | to his or her employment as a
bank guard, armed truck | 8 | | guard, or other similar employment; (2) a mail
order sale | 9 | | of a firearm from a federally licensed firearms dealer to a | 10 | | nonresident of Illinois under which the firearm
is mailed | 11 | | to a federally licensed firearms dealer outside the | 12 | | boundaries of Illinois; (3) (blank); (4) the sale of a
| 13 | | firearm to a dealer licensed as a federal firearms dealer | 14 | | under Section 923
of the federal Gun Control Act of 1968 | 15 | | (18 U.S.C. 923); or (5) the transfer or sale of any rifle, | 16 | | shotgun, or other long gun to a resident registered | 17 | | competitor or attendee or non-resident registered | 18 | | competitor or attendee by any dealer licensed as a federal | 19 | | firearms dealer under Section 923 of the federal Gun | 20 | | Control Act of 1968 at competitive shooting events held at | 21 | | the World Shooting Complex sanctioned by a national | 22 | | governing body. For purposes of transfers or sales under | 23 | | subparagraph (5) of this paragraph (g), the Department of | 24 | | Natural Resources shall give notice to the Department of | 25 | | State Police at least 30 calendar days prior to any | 26 | | competitive shooting events at the World Shooting Complex |
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| 1 | | sanctioned by a national governing body. The notification | 2 | | shall be made on a form prescribed by the Department of | 3 | | State Police. The sanctioning body shall provide a list of | 4 | | all registered competitors and attendees at least 24 hours | 5 | | before the events to the Department of State Police. Any | 6 | | changes to the list of registered competitors and attendees | 7 | | shall be forwarded to the Department of State Police as | 8 | | soon as practicable. The Department of State Police must | 9 | | destroy the list of registered competitors and attendees no | 10 | | later than 30 days after the date of the event. Nothing in | 11 | | this paragraph (g) relieves a federally licensed firearm | 12 | | dealer from the requirements of conducting a NICS | 13 | | background check through the Illinois Point of Contact | 14 | | under 18 U.S.C. 922(t). For purposes of this paragraph (g), | 15 | | "application" means when the buyer and seller reach an | 16 | | agreement to purchase a firearm.
For purposes of this | 17 | | paragraph (g), "national governing body" means a group of | 18 | | persons who adopt rules and formulate policy on behalf of a | 19 | | national firearm sporting organization.
| 20 | | (h) While holding any license
as a dealer,
importer, | 21 | | manufacturer or pawnbroker
under the federal Gun Control | 22 | | Act of 1968,
manufactures, sells or delivers to any | 23 | | unlicensed person a handgun having
a barrel, slide, frame | 24 | | or receiver which is a die casting of zinc alloy or
any | 25 | | other nonhomogeneous metal which will melt or deform at a | 26 | | temperature
of less than 800 degrees Fahrenheit. For |
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| 1 | | purposes of this paragraph, (1)
"firearm" is defined as in | 2 | | the Firearm Owners Identification Card Act; and (2)
| 3 | | "handgun" is defined as a firearm designed to be held
and | 4 | | fired by the use of a single hand, and includes a | 5 | | combination of parts from
which such a firearm can be | 6 | | assembled.
| 7 | | (i) Sells or gives a firearm of any size to any person | 8 | | under 18 years of
age who does not possess a valid Firearm | 9 | | Owner's Identification Card.
| 10 | | (j) Sells or gives a firearm while engaged in the | 11 | | business of selling
firearms at wholesale or retail without | 12 | | being licensed as a federal firearms
dealer under Section | 13 | | 923 of the federal Gun Control Act of 1968 (18 U.S.C.
923). | 14 | | In this paragraph (j):
| 15 | | A person "engaged in the business" means a person who | 16 | | devotes time,
attention, and
labor to
engaging in the | 17 | | activity as a regular course of trade or business with the
| 18 | | principal objective of livelihood and profit, but does not | 19 | | include a person who
makes occasional repairs of firearms | 20 | | or who occasionally fits special barrels,
stocks, or | 21 | | trigger mechanisms to firearms.
| 22 | | "With the principal objective of livelihood and | 23 | | profit" means that the
intent
underlying the sale or | 24 | | disposition of firearms is predominantly one of
obtaining | 25 | | livelihood and pecuniary gain, as opposed to other intents, | 26 | | such as
improving or liquidating a personal firearms |
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| 1 | | collection; however, proof of
profit shall not be required | 2 | | as to a person who engages in the regular and
repetitive | 3 | | purchase and disposition of firearms for criminal purposes | 4 | | or
terrorism.
| 5 | | (k) Sells or transfers ownership of a firearm to a | 6 | | person who does not display to the seller or transferor of | 7 | | the firearm either: (1) a currently valid Firearm Owner's | 8 | | Identification Card that has previously been issued in the | 9 | | transferee's name by the Department of State Police under | 10 | | the provisions of the Firearm Owners Identification Card | 11 | | Act; or (2) a currently valid license to carry a concealed | 12 | | firearm that has previously been issued in the transferee's | 13 | | name by the
Department of State Police under the Firearm | 14 | | Concealed Carry Act. This paragraph (k) does not apply to | 15 | | the transfer of a firearm to a person who is exempt from | 16 | | the requirement of possessing a Firearm Owner's | 17 | | Identification Card under Section 2 of the Firearm Owners | 18 | | Identification Card Act. For the purposes of this Section, | 19 | | a currently valid Firearm Owner's Identification Card | 20 | | means (i) a Firearm Owner's Identification Card that has | 21 | | not expired or (ii) an approval number issued in accordance | 22 | | with subsection (a-10) of subsection 3 or Section 3.1 of | 23 | | the Firearm Owners Identification Card Act shall be proof | 24 | | that the Firearm Owner's Identification Card was valid. | 25 | | (1) In addition to the other requirements of this | 26 | | paragraph (k), all persons who are not federally |
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| 1 | | licensed firearms dealers must also have complied with | 2 | | subsection (a-10) of Section 3 of the Firearm Owners | 3 | | Identification Card Act by determining the validity of | 4 | | a purchaser's Firearm Owner's Identification Card. | 5 | | (2) All sellers or transferors who have complied | 6 | | with the requirements of subparagraph (1) of this | 7 | | paragraph (k) shall not be liable for damages in any | 8 | | civil action arising from the use or misuse by the | 9 | | transferee of the firearm transferred, except for | 10 | | willful or wanton misconduct on the part of the seller | 11 | | or transferor. | 12 | | (l) Not
being entitled to the possession of a firearm, | 13 | | delivers the
firearm, knowing it to have been stolen or | 14 | | converted. It may be inferred that
a person who possesses a | 15 | | firearm with knowledge that its serial number has
been | 16 | | removed or altered has knowledge that the firearm is stolen | 17 | | or converted. | 18 | | (B) Paragraph (h) of subsection (A) does not include | 19 | | firearms sold within 6
months after enactment of Public
Act | 20 | | 78-355 (approved August 21, 1973, effective October 1, 1973), | 21 | | nor is any
firearm legally owned or
possessed by any citizen or | 22 | | purchased by any citizen within 6 months after the
enactment of | 23 | | Public Act 78-355 subject
to confiscation or seizure under the | 24 | | provisions of that Public Act. Nothing in
Public Act 78-355 | 25 | | shall be construed to prohibit the gift or trade of
any firearm | 26 | | if that firearm was legally held or acquired within 6 months |
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| 1 | | after
the enactment of that Public Act.
| 2 | | (C) Sentence.
| 3 | | (1) Any person convicted of unlawful sale or delivery | 4 | | of firearms in violation of
paragraph (c), (e), (f), (g), | 5 | | or (h) of subsection (A) commits a Class
4
felony.
| 6 | | (2) Any person convicted of unlawful sale or delivery | 7 | | of firearms in violation of
paragraph (b) or (i) of | 8 | | subsection (A) commits a Class 3 felony.
| 9 | | (3) Any person convicted of unlawful sale or delivery | 10 | | of firearms in violation of
paragraph (a) of subsection (A) | 11 | | commits a Class 2 felony.
| 12 | | (4) Any person convicted of unlawful sale or delivery | 13 | | of firearms in violation of
paragraph (a), (b), or (i) of | 14 | | subsection (A) in any school, on the real
property | 15 | | comprising a school, within 1,000 feet of the real property | 16 | | comprising
a school, at a school related activity, or on or | 17 | | within 1,000 feet of any
conveyance owned, leased, or | 18 | | contracted by a school or school district to
transport | 19 | | students to or from school or a school related activity,
| 20 | | regardless of the time of day or time of year at which the | 21 | | offense
was committed, commits a Class 1 felony. Any person | 22 | | convicted of a second
or subsequent violation of unlawful | 23 | | sale or delivery of firearms in violation of paragraph
(a), | 24 | | (b), or (i) of subsection (A) in any school, on the real | 25 | | property
comprising a school, within 1,000 feet of the real | 26 | | property comprising a
school, at a school related activity, |
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| 1 | | or on or within 1,000 feet of any
conveyance owned, leased, | 2 | | or contracted by a school or school district to
transport | 3 | | students to or from school or a school related activity,
| 4 | | regardless of the time of day or time of year at which the | 5 | | offense
was committed, commits a Class 1 felony for which | 6 | | the sentence shall be a
term of imprisonment of no less | 7 | | than 5 years and no more than 15 years.
| 8 | | (5) Any person convicted of unlawful sale or delivery | 9 | | of firearms in violation of
paragraph (a) or (i) of | 10 | | subsection (A) in residential property owned,
operated, or | 11 | | managed by a public housing agency or leased by a public | 12 | | housing
agency as part of a scattered site or mixed-income | 13 | | development, in a public
park, in a
courthouse, on | 14 | | residential property owned, operated, or managed by a | 15 | | public
housing agency or leased by a public housing agency | 16 | | as part of a scattered site
or mixed-income development, on | 17 | | the real property comprising any public park,
on the real
| 18 | | property comprising any courthouse, or on any public way | 19 | | within 1,000 feet
of the real property comprising any | 20 | | public park, courthouse, or residential
property owned, | 21 | | operated, or managed by a public housing agency or leased | 22 | | by a
public housing agency as part of a scattered site or | 23 | | mixed-income development
commits a
Class 2 felony.
| 24 | | (6) Any person convicted of unlawful sale or delivery | 25 | | of firearms in violation of
paragraph (j) of subsection (A) | 26 | | commits a Class A misdemeanor. A second or
subsequent |
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| 1 | | violation is a Class 4 felony. | 2 | | (7) Any person convicted of unlawful sale or delivery | 3 | | of firearms in violation of paragraph (k) of subsection (A) | 4 | | commits a Class 4 felony, except that a violation of | 5 | | subparagraph (1) of paragraph (k) of subsection (A) shall | 6 | | not be punishable as a crime or petty offense. A third or | 7 | | subsequent conviction for a violation of paragraph (k) of | 8 | | subsection (A) is a Class 1 felony.
| 9 | | (8) A person 18 years of age or older convicted of | 10 | | unlawful sale or delivery of firearms in violation of | 11 | | paragraph (a) or (i) of subsection (A), when the firearm | 12 | | that was sold or given to another person under 18 years of | 13 | | age was used in the commission of or attempt to commit a | 14 | | forcible felony, shall be fined or imprisoned, or both, not | 15 | | to exceed the maximum provided for the most serious | 16 | | forcible felony so committed or attempted by the person | 17 | | under 18 years of age who was sold or given the firearm. | 18 | | (9) Any person convicted of unlawful sale or delivery | 19 | | of firearms in violation of
paragraph (d) of subsection (A) | 20 | | commits a Class X felony for which he or she shall be | 21 | | sentenced to a term of imprisonment of not less than 10 | 22 | | years and not more than 30 years 3 felony . | 23 | | (10) Any person convicted of unlawful sale or delivery | 24 | | of firearms in violation of paragraph (l) of subsection (A) | 25 | | commits a Class 2 felony if the delivery is of one firearm. | 26 | | Any person convicted of unlawful sale or delivery of |
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| 1 | | firearms in violation of paragraph (l) of subsection (A) | 2 | | commits a Class 1 felony if the delivery is of not less | 3 | | than 2 and not more than 5 firearms at the
same time or | 4 | | within a one year period. Any person convicted of unlawful | 5 | | sale or delivery of firearms in violation of paragraph (l) | 6 | | of subsection (A) commits a Class X felony for which he or | 7 | | she shall be sentenced
to a term of imprisonment of not | 8 | | less than 6 years and not more than 30
years if the | 9 | | delivery is of not less than 6 and not more than 10 | 10 | | firearms at the
same time or within a 2 year period. Any | 11 | | person convicted of unlawful sale or delivery of firearms | 12 | | in violation of paragraph (l) of subsection (A) commits a | 13 | | Class X felony for which he or she shall be sentenced
to a | 14 | | term of imprisonment of not less than 6 years and not more | 15 | | than 40
years if the delivery is of not less than 11 and | 16 | | not more than 20 firearms at the
same time or within a 3 | 17 | | year period. Any person convicted of unlawful sale or | 18 | | delivery of firearms in violation of paragraph (l) of | 19 | | subsection (A) commits a Class X felony for which he or she | 20 | | shall be sentenced
to a term of imprisonment of not less | 21 | | than 6 years and not more than 50
years if the delivery is | 22 | | of not less than 21 and not more than 30 firearms at the
| 23 | | same time or within a 4 year period. Any person convicted | 24 | | of unlawful sale or delivery of firearms in violation of | 25 | | paragraph (l) of subsection (A) commits a Class X felony | 26 | | for which he or she shall be sentenced
to a term of |
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| 1 | | imprisonment of not less than 6 years and not more than 60
| 2 | | years if the delivery is of 31 or more firearms at the
same | 3 | | time or within a 5 year period. | 4 | | (D) For purposes of this Section:
| 5 | | "School" means a public or private elementary or secondary | 6 | | school,
community college, college, or university.
| 7 | | "School related activity" means any sporting, social, | 8 | | academic, or
other activity for which students' attendance or | 9 | | participation is sponsored,
organized, or funded in whole or in | 10 | | part by a school or school district.
| 11 | | (E) A prosecution for a violation of paragraph (k) of | 12 | | subsection (A) of this Section may be commenced within 6 years | 13 | | after the commission of the offense. A prosecution for a | 14 | | violation of this Section other than paragraph (g) of | 15 | | subsection (A) of this Section may be commenced within 5 years | 16 | | after the commission of the offense defined in the particular | 17 | | paragraph.
| 18 | | (Source: P.A. 99-29, eff. 7-10-15; 99-143, eff. 7-27-15; | 19 | | 99-642, eff. 7-28-16; 100-606, eff. 1-1-19 .)
| 20 | | Section 10. The Unified Code of Corrections is amended by | 21 | | changing Sections 5-4.5-110, 5-5-3, and 5-8-4 as follows:
| 22 | | (730 ILCS 5/5-5-3)
| 23 | | (Text of Section before amendment by P.A. 100-987 ) | 24 | | Sec. 5-5-3. Disposition.
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| 1 | | (a) (Blank).
| 2 | | (b) (Blank).
| 3 | | (c) (1) (Blank).
| 4 | | (2) A period of probation, a term of periodic imprisonment | 5 | | or
conditional discharge shall not be imposed for the following | 6 | | offenses.
The court shall sentence the offender to not less | 7 | | than the minimum term
of imprisonment set forth in this Code | 8 | | for the following offenses, and
may order a fine or restitution | 9 | | or both in conjunction with such term of
imprisonment:
| 10 | | (A) First degree murder where the death penalty is not | 11 | | imposed.
| 12 | | (B) Attempted first degree murder.
| 13 | | (C) A Class X felony.
| 14 | | (D) A violation of Section 401.1 or 407 of the
Illinois | 15 | | Controlled Substances Act, or a violation of subdivision | 16 | | (c)(1.5) of
Section 401 of that Act which relates to more | 17 | | than 5 grams of a substance
containing fentanyl or an | 18 | | analog thereof.
| 19 | | (D-5) A violation of subdivision (c)(1) of
Section 401 | 20 | | of the Illinois Controlled Substances Act which relates to | 21 | | 3 or more grams of a substance
containing heroin or an | 22 | | analog thereof. | 23 | | (E) (Blank).
| 24 | | (F) A Class 1 or greater felony if the offender had | 25 | | been convicted
of a Class 1 or greater felony, including | 26 | | any state or federal conviction for an offense that |
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| 1 | | contained, at the time it was committed, the same elements | 2 | | as an offense now (the date of the offense committed after | 3 | | the prior Class 1 or greater felony) classified as a Class | 4 | | 1 or greater felony, within 10 years of the date on which | 5 | | the
offender
committed the offense for which he or she is | 6 | | being sentenced, except as
otherwise provided in Section | 7 | | 40-10 of the Substance Use Disorder Act.
| 8 | | (F-3) A Class 2 or greater felony sex offense or felony | 9 | | firearm offense if the offender had been convicted of a | 10 | | Class 2 or greater felony, including any state or federal | 11 | | conviction for an offense that contained, at the time it | 12 | | was committed, the same elements as an offense now (the | 13 | | date of the offense committed after the prior Class 2 or | 14 | | greater felony) classified as a Class 2 or greater felony, | 15 | | within 10 years of the date on which the offender committed | 16 | | the offense for which he or she is being sentenced, except | 17 | | as otherwise provided in Section 40-10 of the Substance Use | 18 | | Disorder Act. | 19 | | (F-5) A violation of Section 24-1, 24-1.1, or 24-1.6 , | 20 | | or subsection (d) of Section 24-3 of the Criminal Code of | 21 | | 1961 or the Criminal Code of 2012 for which imprisonment is | 22 | | prescribed in those Sections. | 23 | | (G) Residential burglary, except as otherwise provided | 24 | | in Section 40-10
of the Substance Use Disorder Act.
| 25 | | (H) Criminal sexual assault.
| 26 | | (I) Aggravated battery of a senior citizen as described |
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| 1 | | in Section 12-4.6 or subdivision (a)(4) of Section 12-3.05 | 2 | | of the Criminal Code of 1961 or the Criminal Code of 2012.
| 3 | | (J) A forcible felony if the offense was related to the | 4 | | activities of an
organized gang.
| 5 | | Before July 1, 1994, for the purposes of this | 6 | | paragraph, "organized
gang" means an association of 5 or | 7 | | more persons, with an established hierarchy,
that | 8 | | encourages members of the association to perpetrate crimes | 9 | | or provides
support to the members of the association who | 10 | | do commit crimes.
| 11 | | Beginning July 1, 1994, for the purposes of this | 12 | | paragraph,
"organized gang" has the meaning ascribed to it | 13 | | in Section 10 of the Illinois
Streetgang Terrorism Omnibus | 14 | | Prevention Act.
| 15 | | (K) Vehicular hijacking.
| 16 | | (L) A second or subsequent conviction for the offense | 17 | | of hate crime
when the underlying offense upon which the | 18 | | hate crime is based is felony
aggravated
assault or felony | 19 | | mob action.
| 20 | | (M) A second or subsequent conviction for the offense | 21 | | of institutional
vandalism if the damage to the property | 22 | | exceeds $300.
| 23 | | (N) A Class 3 felony violation of paragraph (1) of | 24 | | subsection (a) of
Section 2 of the Firearm Owners | 25 | | Identification Card Act.
| 26 | | (O) A violation of Section 12-6.1 or 12-6.5 of the |
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| 1 | | Criminal Code of 1961 or the Criminal Code of 2012.
| 2 | | (P) A violation of paragraph (1), (2), (3), (4), (5), | 3 | | or (7) of
subsection (a)
of Section 11-20.1 of the Criminal | 4 | | Code of 1961 or the Criminal Code of 2012.
| 5 | | (Q) A violation of subsection (b) or (b-5) of Section | 6 | | 20-1, Section 20-1.2, or Section 20-1.3 of the Criminal | 7 | | Code of
1961 or the Criminal Code of 2012.
| 8 | | (R) A violation of Section 24-3A of the Criminal Code | 9 | | of
1961 or the Criminal Code of 2012.
| 10 | | (S) (Blank).
| 11 | | (T) (Blank).
| 12 | | (U) A second or subsequent violation of Section 6-303 | 13 | | of the Illinois Vehicle Code committed while his or her | 14 | | driver's license, permit, or privilege was revoked because | 15 | | of a violation of Section 9-3 of the Criminal Code of 1961 | 16 | | or the Criminal Code of 2012, relating to the offense of | 17 | | reckless homicide, or a similar provision of a law of | 18 | | another state.
| 19 | | (V)
A violation of paragraph (4) of subsection (c) of | 20 | | Section 11-20.1B or paragraph (4) of subsection (c) of | 21 | | Section 11-20.3 of the Criminal Code of 1961, or paragraph | 22 | | (6) of subsection (a) of Section 11-20.1 of the Criminal | 23 | | Code of 2012 when the victim is under 13 years of age and | 24 | | the defendant has previously been convicted under the laws | 25 | | of this State or any other state of the offense of child | 26 | | pornography, aggravated child pornography, aggravated |
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| 1 | | criminal sexual abuse, aggravated criminal sexual assault, | 2 | | predatory criminal sexual assault of a child, or any of the | 3 | | offenses formerly known as rape, deviate sexual assault, | 4 | | indecent liberties with a child, or aggravated indecent | 5 | | liberties with a child where the victim was under the age | 6 | | of 18 years or an offense that is substantially equivalent | 7 | | to those offenses. | 8 | | (W) A violation of Section 24-3.5 of the Criminal Code | 9 | | of 1961 or the Criminal Code of 2012.
| 10 | | (X) A violation of subsection (a) of Section 31-1a of | 11 | | the Criminal Code of 1961 or the Criminal Code of 2012. | 12 | | (Y) A conviction for unlawful possession of a firearm | 13 | | by a street gang member when the firearm was loaded or | 14 | | contained firearm ammunition. | 15 | | (Z) A Class 1 felony committed while he or she was | 16 | | serving a term of probation or conditional discharge for a | 17 | | felony. | 18 | | (AA) Theft of property exceeding $500,000 and not | 19 | | exceeding $1,000,000 in value. | 20 | | (BB) Laundering of criminally derived property of a | 21 | | value exceeding
$500,000. | 22 | | (CC) Knowingly selling, offering for sale, holding for | 23 | | sale, or using 2,000 or more counterfeit items or | 24 | | counterfeit items having a retail value in the aggregate of | 25 | | $500,000 or more. | 26 | | (DD) A conviction for aggravated assault under |
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| 1 | | paragraph (6) of subsection (c) of Section 12-2 of the | 2 | | Criminal Code of 1961 or the Criminal Code of 2012 if the | 3 | | firearm is aimed toward the person against whom the firearm | 4 | | is being used. | 5 | | (EE) A conviction for a violation of paragraph (2) of | 6 | | subsection (a) of Section 24-3B of the Criminal Code of | 7 | | 2012. | 8 | | (3) (Blank).
| 9 | | (4) A minimum term of imprisonment of not less than 10
| 10 | | consecutive days or 30 days of community service shall be | 11 | | imposed for a
violation of paragraph (c) of Section 6-303 of | 12 | | the Illinois Vehicle Code.
| 13 | | (4.1) (Blank).
| 14 | | (4.2) Except as provided in paragraphs (4.3) and (4.8) of | 15 | | this subsection (c), a
minimum of
100 hours of community | 16 | | service shall be imposed for a second violation of
Section | 17 | | 6-303
of the Illinois Vehicle Code.
| 18 | | (4.3) A minimum term of imprisonment of 30 days or 300 | 19 | | hours of community
service, as determined by the court, shall
| 20 | | be imposed for a second violation of subsection (c) of Section | 21 | | 6-303 of the
Illinois Vehicle Code.
| 22 | | (4.4) Except as provided in paragraphs
(4.5), (4.6), and | 23 | | (4.9) of this
subsection (c), a
minimum term of imprisonment of | 24 | | 30 days or 300 hours of community service, as
determined by the | 25 | | court, shall
be imposed
for a third or subsequent violation of | 26 | | Section 6-303 of the Illinois Vehicle
Code. The court may give |
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| 1 | | credit toward the fulfillment of community service hours for | 2 | | participation in activities and treatment as determined by | 3 | | court services.
| 4 | | (4.5) A minimum term of imprisonment of 30 days
shall be | 5 | | imposed for a third violation of subsection (c) of
Section | 6 | | 6-303 of the Illinois Vehicle Code.
| 7 | | (4.6) Except as provided in paragraph (4.10) of this | 8 | | subsection (c), a minimum term of imprisonment of 180 days | 9 | | shall be imposed for a
fourth or subsequent violation of | 10 | | subsection (c) of Section 6-303 of the
Illinois Vehicle Code.
| 11 | | (4.7) A minimum term of imprisonment of not less than 30 | 12 | | consecutive days, or 300 hours of community service, shall be | 13 | | imposed for a violation of subsection (a-5) of Section 6-303 of | 14 | | the Illinois Vehicle Code, as provided in subsection (b-5) of | 15 | | that Section.
| 16 | | (4.8) A mandatory prison sentence shall be imposed for a | 17 | | second violation of subsection (a-5) of Section 6-303 of the | 18 | | Illinois Vehicle Code, as provided in subsection (c-5) of that | 19 | | Section. The person's driving privileges shall be revoked for a | 20 | | period of not less than 5 years from the date of his or her | 21 | | release from prison.
| 22 | | (4.9) A mandatory prison sentence of not less than 4 and | 23 | | not more than 15 years shall be imposed for a third violation | 24 | | of subsection (a-5) of Section 6-303 of the Illinois Vehicle | 25 | | Code, as provided in subsection (d-2.5) of that Section. The | 26 | | person's driving privileges shall be revoked for the remainder |
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| 1 | | of his or her life.
| 2 | | (4.10) A mandatory prison sentence for a Class 1 felony | 3 | | shall be imposed, and the person shall be eligible for an | 4 | | extended term sentence, for a fourth or subsequent violation of | 5 | | subsection (a-5) of Section 6-303 of the Illinois Vehicle Code, | 6 | | as provided in subsection (d-3.5) of that Section. The person's | 7 | | driving privileges shall be revoked for the remainder of his or | 8 | | her life.
| 9 | | (5) The court may sentence a corporation or unincorporated
| 10 | | association convicted of any offense to:
| 11 | | (A) a period of conditional discharge;
| 12 | | (B) a fine;
| 13 | | (C) make restitution to the victim under Section 5-5-6 | 14 | | of this Code.
| 15 | | (5.1) In addition to any other penalties imposed, and | 16 | | except as provided in paragraph (5.2) or (5.3), a person
| 17 | | convicted of violating subsection (c) of Section 11-907 of the | 18 | | Illinois
Vehicle Code shall have his or her driver's license, | 19 | | permit, or privileges
suspended for at least 90 days but not | 20 | | more than one year, if the violation
resulted in damage to the | 21 | | property of another person.
| 22 | | (5.2) In addition to any other penalties imposed, and | 23 | | except as provided in paragraph (5.3), a person convicted
of | 24 | | violating subsection (c) of Section 11-907 of the Illinois | 25 | | Vehicle Code
shall have his or her driver's license, permit, or | 26 | | privileges suspended for at
least 180 days but not more than 2 |
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| 1 | | years, if the violation resulted in injury
to
another person.
| 2 | | (5.3) In addition to any other penalties imposed, a person | 3 | | convicted of violating subsection (c) of Section
11-907 of the | 4 | | Illinois Vehicle Code shall have his or her driver's license,
| 5 | | permit, or privileges suspended for 2 years, if the violation | 6 | | resulted in the
death of another person.
| 7 | | (5.4) In addition to any other penalties imposed, a person | 8 | | convicted of violating Section 3-707 of the Illinois Vehicle | 9 | | Code shall have his or her driver's license, permit, or | 10 | | privileges suspended for 3 months and until he or she has paid | 11 | | a reinstatement fee of $100. | 12 | | (5.5) In addition to any other penalties imposed, a person | 13 | | convicted of violating Section 3-707 of the Illinois Vehicle | 14 | | Code during a period in which his or her driver's license, | 15 | | permit, or privileges were suspended for a previous violation | 16 | | of that Section shall have his or her driver's license, permit, | 17 | | or privileges suspended for an additional 6 months after the | 18 | | expiration of the original 3-month suspension and until he or | 19 | | she has paid a reinstatement fee of $100.
| 20 | | (6) (Blank).
| 21 | | (7) (Blank).
| 22 | | (8) (Blank).
| 23 | | (9) A defendant convicted of a second or subsequent offense | 24 | | of ritualized
abuse of a child may be sentenced to a term of | 25 | | natural life imprisonment.
| 26 | | (10) (Blank).
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| 1 | | (11) The court shall impose a minimum fine of $1,000 for a | 2 | | first offense
and $2,000 for a second or subsequent offense | 3 | | upon a person convicted of or
placed on supervision for battery | 4 | | when the individual harmed was a sports
official or coach at | 5 | | any level of competition and the act causing harm to the
sports
| 6 | | official or coach occurred within an athletic facility or | 7 | | within the immediate vicinity
of the athletic facility at which | 8 | | the sports official or coach was an active
participant
of the | 9 | | athletic contest held at the athletic facility. For the | 10 | | purposes of
this paragraph (11), "sports official" means a | 11 | | person at an athletic contest
who enforces the rules of the | 12 | | contest, such as an umpire or referee; "athletic facility" | 13 | | means an indoor or outdoor playing field or recreational area | 14 | | where sports activities are conducted;
and "coach" means a | 15 | | person recognized as a coach by the sanctioning
authority that | 16 | | conducted the sporting event. | 17 | | (12) A person may not receive a disposition of court | 18 | | supervision for a
violation of Section 5-16 of the Boat | 19 | | Registration and Safety Act if that
person has previously | 20 | | received a disposition of court supervision for a
violation of | 21 | | that Section.
| 22 | | (13) A person convicted of or placed on court supervision | 23 | | for an assault or aggravated assault when the victim and the | 24 | | offender are family or household members as defined in Section | 25 | | 103 of the Illinois Domestic Violence Act of 1986 or convicted | 26 | | of domestic battery or aggravated domestic battery may be |
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| 1 | | required to attend a Partner Abuse Intervention Program under | 2 | | protocols set forth by the Illinois Department of Human | 3 | | Services under such terms and conditions imposed by the court. | 4 | | The costs of such classes shall be paid by the offender.
| 5 | | (d) In any case in which a sentence originally imposed is | 6 | | vacated,
the case shall be remanded to the trial court. The | 7 | | trial court shall
hold a hearing under Section 5-4-1 of this | 8 | | the Unified Code of Corrections
which may include evidence of | 9 | | the defendant's life, moral character and
occupation during the | 10 | | time since the original sentence was passed. The
trial court | 11 | | shall then impose sentence upon the defendant. The trial
court | 12 | | may impose any sentence which could have been imposed at the
| 13 | | original trial subject to Section 5-5-4 of this the Unified | 14 | | Code of Corrections .
If a sentence is vacated on appeal or on | 15 | | collateral attack due to the
failure of the trier of fact at | 16 | | trial to determine beyond a reasonable doubt
the
existence of a | 17 | | fact (other than a prior conviction) necessary to increase the
| 18 | | punishment for the offense beyond the statutory maximum | 19 | | otherwise applicable,
either the defendant may be re-sentenced | 20 | | to a term within the range otherwise
provided or, if the State | 21 | | files notice of its intention to again seek the
extended | 22 | | sentence, the defendant shall be afforded a new trial.
| 23 | | (e) In cases where prosecution for
aggravated criminal | 24 | | sexual abuse under Section 11-1.60 or 12-16 of the
Criminal | 25 | | Code of 1961 or the Criminal Code of 2012 results in conviction | 26 | | of a defendant
who was a family member of the victim at the |
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| 1 | | time of the commission of the
offense, the court shall consider | 2 | | the safety and welfare of the victim and
may impose a sentence | 3 | | of probation only where:
| 4 | | (1) the court finds (A) or (B) or both are appropriate:
| 5 | | (A) the defendant is willing to undergo a court | 6 | | approved counseling
program for a minimum duration of 2 | 7 | | 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
paying | 23 | | for such services, if the victim was under 18 years of age | 24 | | 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 by | 9 | | 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 test
| 12 | | 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 communicable |
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| 1 | | disease, as
determined by the Illinois Department of Public | 2 | | Health including but not
limited to tuberculosis, the results | 3 | | of the test shall be
personally delivered by the warden or his | 4 | | or her designee in a sealed envelope
to the judge of the court | 5 | | in which the inmate must appear for the judge's
inspection in | 6 | | camera if requested by the judge. Acting in accordance with the
| 7 | | best interests of those in the courtroom, the judge shall have | 8 | | the discretion
to determine what if any precautions need to be | 9 | | taken to prevent transmission
of the disease in the courtroom.
| 10 | | (h) Whenever a defendant is convicted of an offense under | 11 | | Section 1 or 2
of the Hypodermic Syringes and Needles Act, the | 12 | | defendant shall undergo
medical testing to determine whether | 13 | | the defendant has been exposed to human
immunodeficiency virus | 14 | | (HIV) or any other identified causative agent of
acquired | 15 | | immunodeficiency syndrome (AIDS). Except as otherwise provided | 16 | | by
law, the results of such test shall be kept strictly | 17 | | confidential by all
medical personnel involved in the testing | 18 | | and must be personally delivered in a
sealed envelope to the | 19 | | judge of the court in which the conviction was entered
for the | 20 | | judge's inspection in camera. Acting in accordance with the | 21 | | best
interests of the public, the judge shall have the | 22 | | discretion to determine to
whom, if anyone, the results of the | 23 | | testing may be revealed. The court shall
notify the defendant | 24 | | of a positive test showing an infection with the human
| 25 | | immunodeficiency virus (HIV). The court shall provide | 26 | | information on the
availability of HIV testing and counseling |
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| 1 | | at Department of Public Health
facilities to all parties to | 2 | | whom the results of the testing are revealed and
shall direct | 3 | | the State's Attorney to provide the information to the victim | 4 | | when
possible. A State's Attorney may petition the court to | 5 | | obtain the results of
any HIV test administered under this | 6 | | Section, and the court shall grant the
disclosure if the | 7 | | State's Attorney shows it is relevant in order to prosecute a
| 8 | | charge of criminal transmission of HIV under Section 12-5.01 or | 9 | | 12-16.2 of the Criminal
Code of 1961 or the Criminal Code of | 10 | | 2012 against the defendant. The court shall order that the cost | 11 | | of any
such test shall be paid by the county and may be taxed as | 12 | | costs against the
convicted defendant.
| 13 | | (i) All fines and penalties imposed under this Section for | 14 | | any violation
of Chapters 3, 4, 6, and 11 of the Illinois | 15 | | Vehicle Code, or a similar
provision of a local ordinance, and | 16 | | any violation
of the Child Passenger Protection Act, or a | 17 | | similar provision of a local
ordinance, shall be collected and | 18 | | disbursed by the circuit
clerk as provided under Section 27.5 | 19 | | of the Clerks of Courts Act.
| 20 | | (j) In cases when prosecution for any violation of Section | 21 | | 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-8,
11-9, | 22 | | 11-11, 11-14, 11-14.3, 11-14.4, 11-15, 11-15.1, 11-16, 11-17, | 23 | | 11-17.1, 11-18, 11-18.1,
11-19, 11-19.1, 11-19.2, 11-20.1, | 24 | | 11-20.1B, 11-20.3, 11-21, 11-30, 11-40, 12-13, 12-14, 12-14.1, | 25 | | 12-15, or
12-16 of the
Criminal Code of 1961 or the Criminal | 26 | | Code of 2012, any violation of the Illinois Controlled |
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| 1 | | Substances Act,
any violation of the Cannabis Control Act, or | 2 | | any violation of the Methamphetamine Control and Community | 3 | | Protection Act results in conviction, a
disposition of court | 4 | | supervision, or an order of probation granted under
Section 10 | 5 | | of the Cannabis Control Act, Section 410 of the Illinois
| 6 | | Controlled Substances Act, or Section 70 of the Methamphetamine | 7 | | Control and Community Protection Act of a defendant, the court | 8 | | shall determine whether the
defendant is employed by a facility | 9 | | or center as defined under the Child Care
Act of 1969, a public | 10 | | or private elementary or secondary school, or otherwise
works | 11 | | with children under 18 years of age on a daily basis. When a | 12 | | defendant
is so employed, the court shall order the Clerk of | 13 | | the Court to send a copy of
the judgment of conviction or order | 14 | | of supervision or probation to the
defendant's employer by | 15 | | certified mail.
If the employer of the defendant is a school, | 16 | | the Clerk of the Court shall
direct the mailing of a copy of | 17 | | the judgment of conviction or order of
supervision or probation | 18 | | to the appropriate regional superintendent of schools.
The | 19 | | regional superintendent of schools shall notify the State Board | 20 | | of
Education of any notification under this subsection.
| 21 | | (j-5) A defendant at least 17 years of age who is convicted | 22 | | of a felony and
who has not been previously convicted of a | 23 | | misdemeanor or felony and who is
sentenced to a term of | 24 | | imprisonment in the Illinois Department of Corrections
shall as | 25 | | a condition of his or her sentence be required by the court to | 26 | | attend
educational courses designed to prepare the defendant |
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| 1 | | for a high school diploma
and to work toward a high school | 2 | | diploma or to work toward passing high school equivalency | 3 | | testing or to work toward
completing a vocational training | 4 | | program offered by the Department of
Corrections. If a | 5 | | defendant fails to complete the educational training
required | 6 | | by his or her sentence during the term of incarceration, the | 7 | | Prisoner
Review Board shall, as a condition of mandatory | 8 | | supervised release, require the
defendant, at his or her own | 9 | | expense, to pursue a course of study toward a high
school | 10 | | diploma or passage of high school equivalency testing. The | 11 | | Prisoner Review Board shall
revoke the mandatory supervised | 12 | | release of a defendant who wilfully fails to
comply with this | 13 | | subsection (j-5) upon his or her release from confinement in a
| 14 | | penal institution while serving a mandatory supervised release | 15 | | term; however,
the inability of the defendant after making a | 16 | | good faith effort to obtain
financial aid or pay for the | 17 | | educational training shall not be deemed a wilful
failure to | 18 | | comply. The Prisoner Review Board shall recommit the defendant
| 19 | | whose mandatory supervised release term has been revoked under | 20 | | this subsection
(j-5) as provided in Section 3-3-9. This | 21 | | subsection (j-5) does not apply to a
defendant who has a high | 22 | | school diploma or has successfully passed high school | 23 | | equivalency testing. This subsection (j-5) does not apply to a | 24 | | defendant who is determined by
the court to be a person with a | 25 | | developmental disability or otherwise mentally incapable of
| 26 | | completing the educational or vocational program.
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| 1 | | (k) (Blank).
| 2 | | (l) (A) Except as provided
in paragraph (C) of subsection | 3 | | (l), whenever a defendant,
who is an alien as defined by the | 4 | | Immigration and Nationality Act, is convicted
of any felony or | 5 | | misdemeanor offense, the court after sentencing the defendant
| 6 | | may, upon motion of the State's Attorney, hold sentence in | 7 | | abeyance and remand
the defendant to the custody of the | 8 | | Attorney General of
the United States or his or her designated | 9 | | agent to be deported when:
| 10 | | (1) a final order of deportation has been issued | 11 | | against the defendant
pursuant to proceedings under the | 12 | | Immigration and Nationality Act, and
| 13 | | (2) the deportation of the defendant would not | 14 | | deprecate the seriousness
of the defendant's conduct and | 15 | | would not be inconsistent with the ends of
justice.
| 16 | | Otherwise, the defendant shall be sentenced as provided in | 17 | | this Chapter V.
| 18 | | (B) If the defendant has already been sentenced for a | 19 | | felony or
misdemeanor
offense, or has been placed on probation | 20 | | under Section 10 of the Cannabis
Control Act,
Section 410 of | 21 | | the Illinois Controlled Substances Act, or Section 70 of the | 22 | | Methamphetamine Control and Community Protection Act, the | 23 | | court
may, upon motion of the State's Attorney to suspend the
| 24 | | sentence imposed, commit the defendant to the custody of the | 25 | | Attorney General
of the United States or his or her designated | 26 | | agent when:
|
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| 1 | | (1) a final order of deportation has been issued | 2 | | against the defendant
pursuant to proceedings under the | 3 | | Immigration and Nationality Act, and
| 4 | | (2) the deportation of the defendant would not | 5 | | deprecate the seriousness
of the defendant's conduct and | 6 | | would not be inconsistent with the ends of
justice.
| 7 | | (C) This subsection (l) does not apply to offenders who are | 8 | | subject to the
provisions of paragraph (2) of subsection (a) of | 9 | | Section 3-6-3.
| 10 | | (D) Upon motion of the State's Attorney, if a defendant | 11 | | sentenced under
this Section returns to the jurisdiction of the | 12 | | United States, the defendant
shall be recommitted to the | 13 | | custody of the county from which he or she was
sentenced.
| 14 | | Thereafter, the defendant shall be brought before the | 15 | | sentencing court, which
may impose any sentence that was | 16 | | available under Section 5-5-3 at the time of
initial | 17 | | sentencing. In addition, the defendant shall not be eligible | 18 | | for
additional earned sentence credit as provided under
Section | 19 | | 3-6-3.
| 20 | | (m) A person convicted of criminal defacement of property | 21 | | under Section
21-1.3 of the Criminal Code of 1961 or the | 22 | | Criminal Code of 2012, in which the property damage exceeds | 23 | | $300
and the property damaged is a school building, shall be | 24 | | ordered to perform
community service that may include cleanup, | 25 | | removal, or painting over the
defacement.
| 26 | | (n) The court may sentence a person convicted of a |
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| 1 | | violation of Section
12-19, 12-21, 16-1.3, or 17-56, or | 2 | | subsection (a) or (b) of Section 12-4.4a, of the Criminal Code | 3 | | of 1961 or the Criminal Code of 2012 (i) to an impact
| 4 | | incarceration program if the person is otherwise eligible for | 5 | | that program
under Section 5-8-1.1, (ii) to community service, | 6 | | or (iii) if the person has a substance use disorder, as defined
| 7 | | in the Substance Use Disorder Act, to a treatment program
| 8 | | licensed under that Act. | 9 | | (o) Whenever a person is convicted of a sex offense as | 10 | | defined in Section 2 of the Sex Offender Registration Act, the | 11 | | defendant's driver's license or permit shall be subject to | 12 | | renewal on an annual basis in accordance with the provisions of | 13 | | license renewal established by the Secretary of State.
| 14 | | (Source: P.A. 99-143, eff. 7-27-15; 99-885, eff. 8-23-16; | 15 | | 99-938, eff. 1-1-18; 100-575, eff. 1-8-18; 100-759, eff. | 16 | | 1-1-19; revised 10-12-18.) | 17 | | (Text of Section after amendment by P.A. 100-987 )
| 18 | | Sec. 5-5-3. Disposition.
| 19 | | (a) (Blank).
| 20 | | (b) (Blank).
| 21 | | (c) (1) (Blank).
| 22 | | (2) A period of probation, a term of periodic imprisonment | 23 | | or
conditional discharge shall not be imposed for the following | 24 | | offenses.
The court shall sentence the offender to not less | 25 | | than the minimum term
of imprisonment set forth in this Code |
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| 1 | | for the following offenses, and
may order a fine or restitution | 2 | | or both in conjunction with such term of
imprisonment:
| 3 | | (A) First degree murder where the death penalty is not | 4 | | imposed.
| 5 | | (B) Attempted first degree murder.
| 6 | | (C) A Class X felony.
| 7 | | (D) A violation of Section 401.1 or 407 of the
Illinois | 8 | | Controlled Substances Act, or a violation of subdivision | 9 | | (c)(1.5) of
Section 401 of that Act which relates to more | 10 | | than 5 grams of a substance
containing fentanyl or an | 11 | | analog thereof.
| 12 | | (D-5) A violation of subdivision (c)(1) of
Section 401 | 13 | | of the Illinois Controlled Substances Act which relates to | 14 | | 3 or more grams of a substance
containing heroin or an | 15 | | analog thereof. | 16 | | (E) (Blank).
| 17 | | (F) A Class 1 or greater felony if the offender had | 18 | | been convicted
of a Class 1 or greater felony, including | 19 | | any state or federal conviction for an offense that | 20 | | contained, at the time it was committed, the same elements | 21 | | as an offense now (the date of the offense committed after | 22 | | the prior Class 1 or greater felony) classified as a Class | 23 | | 1 or greater felony, within 10 years of the date on which | 24 | | the
offender
committed the offense for which he or she is | 25 | | being sentenced, except as
otherwise provided in Section | 26 | | 40-10 of the Substance Use Disorder Act.
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| 1 | | (F-3) A Class 2 or greater felony sex offense or felony | 2 | | firearm offense if the offender had been convicted of a | 3 | | Class 2 or greater felony, including any state or federal | 4 | | conviction for an offense that contained, at the time it | 5 | | was committed, the same elements as an offense now (the | 6 | | date of the offense committed after the prior Class 2 or | 7 | | greater felony) classified as a Class 2 or greater felony, | 8 | | within 10 years of the date on which the offender committed | 9 | | the offense for which he or she is being sentenced, except | 10 | | as otherwise provided in Section 40-10 of the Substance Use | 11 | | Disorder Act. | 12 | | (F-5) A violation of Section 24-1, 24-1.1, or 24-1.6 , | 13 | | or subsection (d) of Section 24-3 of the Criminal Code of | 14 | | 1961 or the Criminal Code of 2012 for which imprisonment is | 15 | | prescribed in those Sections. | 16 | | (G) Residential burglary, except as otherwise provided | 17 | | in Section 40-10
of the Substance Use Disorder Act.
| 18 | | (H) Criminal sexual assault.
| 19 | | (I) Aggravated battery of a senior citizen as described | 20 | | in Section 12-4.6 or subdivision (a)(4) of Section 12-3.05 | 21 | | of the Criminal Code of 1961 or the Criminal Code of 2012.
| 22 | | (J) A forcible felony if the offense was related to the | 23 | | activities of an
organized gang.
| 24 | | Before July 1, 1994, for the purposes of this | 25 | | paragraph, "organized
gang" means an association of 5 or | 26 | | more persons, with an established hierarchy,
that |
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| 1 | | encourages members of the association to perpetrate crimes | 2 | | or provides
support to the members of the association who | 3 | | do commit crimes.
| 4 | | Beginning July 1, 1994, for the purposes of this | 5 | | paragraph,
"organized gang" has the meaning ascribed to it | 6 | | in Section 10 of the Illinois
Streetgang Terrorism Omnibus | 7 | | Prevention Act.
| 8 | | (K) Vehicular hijacking.
| 9 | | (L) A second or subsequent conviction for the offense | 10 | | of hate crime
when the underlying offense upon which the | 11 | | hate crime is based is felony
aggravated
assault or felony | 12 | | mob action.
| 13 | | (M) A second or subsequent conviction for the offense | 14 | | of institutional
vandalism if the damage to the property | 15 | | exceeds $300.
| 16 | | (N) A Class 3 felony violation of paragraph (1) of | 17 | | subsection (a) of
Section 2 of the Firearm Owners | 18 | | Identification Card Act.
| 19 | | (O) A violation of Section 12-6.1 or 12-6.5 of the | 20 | | Criminal Code of 1961 or the Criminal Code of 2012.
| 21 | | (P) A violation of paragraph (1), (2), (3), (4), (5), | 22 | | or (7) of
subsection (a)
of Section 11-20.1 of the Criminal | 23 | | Code of 1961 or the Criminal Code of 2012.
| 24 | | (Q) A violation of subsection (b) or (b-5) of Section | 25 | | 20-1, Section 20-1.2, or Section 20-1.3 of the Criminal | 26 | | Code of
1961 or the Criminal Code of 2012.
|
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| 1 | | (R) A violation of Section 24-3A of the Criminal Code | 2 | | of
1961 or the Criminal Code of 2012.
| 3 | | (S) (Blank).
| 4 | | (T) (Blank).
| 5 | | (U) A second or subsequent violation of Section 6-303 | 6 | | of the Illinois Vehicle Code committed while his or her | 7 | | driver's license, permit, or privilege was revoked because | 8 | | of a violation of Section 9-3 of the Criminal Code of 1961 | 9 | | or the Criminal Code of 2012, relating to the offense of | 10 | | reckless homicide, or a similar provision of a law of | 11 | | another state.
| 12 | | (V)
A violation of paragraph (4) of subsection (c) of | 13 | | Section 11-20.1B or paragraph (4) of subsection (c) of | 14 | | Section 11-20.3 of the Criminal Code of 1961, or paragraph | 15 | | (6) of subsection (a) of Section 11-20.1 of the Criminal | 16 | | Code of 2012 when the victim is under 13 years of age and | 17 | | the defendant has previously been convicted under the laws | 18 | | of this State or any other state of the offense of child | 19 | | pornography, aggravated child pornography, aggravated | 20 | | criminal sexual abuse, aggravated criminal sexual assault, | 21 | | predatory criminal sexual assault of a child, or any of the | 22 | | offenses formerly known as rape, deviate sexual assault, | 23 | | indecent liberties with a child, or aggravated indecent | 24 | | liberties with a child where the victim was under the age | 25 | | of 18 years or an offense that is substantially equivalent | 26 | | to those offenses. |
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| 1 | | (W) A violation of Section 24-3.5 of the Criminal Code | 2 | | of 1961 or the Criminal Code of 2012.
| 3 | | (X) A violation of subsection (a) of Section 31-1a of | 4 | | the Criminal Code of 1961 or the Criminal Code of 2012. | 5 | | (Y) A conviction for unlawful possession of a firearm | 6 | | by a street gang member when the firearm was loaded or | 7 | | contained firearm ammunition. | 8 | | (Z) A Class 1 felony committed while he or she was | 9 | | serving a term of probation or conditional discharge for a | 10 | | felony. | 11 | | (AA) Theft of property exceeding $500,000 and not | 12 | | exceeding $1,000,000 in value. | 13 | | (BB) Laundering of criminally derived property of a | 14 | | value exceeding
$500,000. | 15 | | (CC) Knowingly selling, offering for sale, holding for | 16 | | sale, or using 2,000 or more counterfeit items or | 17 | | counterfeit items having a retail value in the aggregate of | 18 | | $500,000 or more. | 19 | | (DD) A conviction for aggravated assault under | 20 | | paragraph (6) of subsection (c) of Section 12-2 of the | 21 | | Criminal Code of 1961 or the Criminal Code of 2012 if the | 22 | | firearm is aimed toward the person against whom the firearm | 23 | | is being used. | 24 | | (EE) A conviction for a violation of paragraph (2) of | 25 | | subsection (a) of Section 24-3B of the Criminal Code of | 26 | | 2012. |
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| 1 | | (3) (Blank).
| 2 | | (4) A minimum term of imprisonment of not less than 10
| 3 | | consecutive days or 30 days of community service shall be | 4 | | imposed for a
violation of paragraph (c) of Section 6-303 of | 5 | | the Illinois Vehicle Code.
| 6 | | (4.1) (Blank).
| 7 | | (4.2) Except as provided in paragraphs (4.3) and (4.8) of | 8 | | this subsection (c), a
minimum of
100 hours of community | 9 | | service shall be imposed for a second violation of
Section | 10 | | 6-303
of the Illinois Vehicle Code.
| 11 | | (4.3) A minimum term of imprisonment of 30 days or 300 | 12 | | hours of community
service, as determined by the court, shall
| 13 | | be imposed for a second violation of subsection (c) of Section | 14 | | 6-303 of the
Illinois Vehicle Code.
| 15 | | (4.4) Except as provided in paragraphs
(4.5), (4.6), and | 16 | | (4.9) of this
subsection (c), a
minimum term of imprisonment of | 17 | | 30 days or 300 hours of community service, as
determined by the | 18 | | court, shall
be imposed
for a third or subsequent violation of | 19 | | Section 6-303 of the Illinois Vehicle
Code. The court may give | 20 | | credit toward the fulfillment of community service hours for | 21 | | participation in activities and treatment as determined by | 22 | | court services.
| 23 | | (4.5) A minimum term of imprisonment of 30 days
shall be | 24 | | imposed for a third violation of subsection (c) of
Section | 25 | | 6-303 of the Illinois Vehicle Code.
| 26 | | (4.6) Except as provided in paragraph (4.10) of this |
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| 1 | | subsection (c), a minimum term of imprisonment of 180 days | 2 | | shall be imposed for a
fourth or subsequent violation of | 3 | | subsection (c) of Section 6-303 of the
Illinois Vehicle Code.
| 4 | | (4.7) A minimum term of imprisonment of not less than 30 | 5 | | consecutive days, or 300 hours of community service, shall be | 6 | | imposed for a violation of subsection (a-5) of Section 6-303 of | 7 | | the Illinois Vehicle Code, as provided in subsection (b-5) of | 8 | | that Section.
| 9 | | (4.8) A mandatory prison sentence shall be imposed for a | 10 | | second violation of subsection (a-5) of Section 6-303 of the | 11 | | Illinois Vehicle Code, as provided in subsection (c-5) of that | 12 | | Section. The person's driving privileges shall be revoked for a | 13 | | period of not less than 5 years from the date of his or her | 14 | | release from prison.
| 15 | | (4.9) A mandatory prison sentence of not less than 4 and | 16 | | not more than 15 years shall be imposed for a third violation | 17 | | of subsection (a-5) of Section 6-303 of the Illinois Vehicle | 18 | | Code, as provided in subsection (d-2.5) of that Section. The | 19 | | person's driving privileges shall be revoked for the remainder | 20 | | of his or her life.
| 21 | | (4.10) A mandatory prison sentence for a Class 1 felony | 22 | | shall be imposed, and the person shall be eligible for an | 23 | | extended term sentence, for a fourth or subsequent violation of | 24 | | subsection (a-5) of Section 6-303 of the Illinois Vehicle Code, | 25 | | as provided in subsection (d-3.5) of that Section. The person's | 26 | | driving privileges shall be revoked for the remainder of his or |
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| 1 | | her life.
| 2 | | (5) The court may sentence a corporation or unincorporated
| 3 | | association convicted of any offense to:
| 4 | | (A) a period of conditional discharge;
| 5 | | (B) a fine;
| 6 | | (C) make restitution to the victim under Section 5-5-6 | 7 | | of this Code.
| 8 | | (5.1) In addition to any other penalties imposed, and | 9 | | except as provided in paragraph (5.2) or (5.3), a person
| 10 | | convicted of violating subsection (c) of Section 11-907 of the | 11 | | Illinois
Vehicle Code shall have his or her driver's license, | 12 | | permit, or privileges
suspended for at least 90 days but not | 13 | | more than one year, if the violation
resulted in damage to the | 14 | | property of another person.
| 15 | | (5.2) In addition to any other penalties imposed, and | 16 | | except as provided in paragraph (5.3), a person convicted
of | 17 | | violating subsection (c) of Section 11-907 of the Illinois | 18 | | Vehicle Code
shall have his or her driver's license, permit, or | 19 | | privileges suspended for at
least 180 days but not more than 2 | 20 | | years, if the violation resulted in injury
to
another person.
| 21 | | (5.3) In addition to any other penalties imposed, a person | 22 | | convicted of violating subsection (c) of Section
11-907 of the | 23 | | Illinois Vehicle Code shall have his or her driver's license,
| 24 | | permit, or privileges suspended for 2 years, if the violation | 25 | | resulted in the
death of another person.
| 26 | | (5.4) In addition to any other penalties imposed, a person |
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| 1 | | convicted of violating Section 3-707 of the Illinois Vehicle | 2 | | Code shall have his or her driver's license, permit, or | 3 | | privileges suspended for 3 months and until he or she has paid | 4 | | a reinstatement fee of $100. | 5 | | (5.5) In addition to any other penalties imposed, a person | 6 | | convicted of violating Section 3-707 of the Illinois Vehicle | 7 | | Code during a period in which his or her driver's license, | 8 | | permit, or privileges were suspended for a previous violation | 9 | | of that Section shall have his or her driver's license, permit, | 10 | | or privileges suspended for an additional 6 months after the | 11 | | expiration of the original 3-month suspension and until he or | 12 | | she has paid a reinstatement fee of $100.
| 13 | | (6) (Blank).
| 14 | | (7) (Blank).
| 15 | | (8) (Blank).
| 16 | | (9) A defendant convicted of a second or subsequent offense | 17 | | of ritualized
abuse of a child may be sentenced to a term of | 18 | | natural life imprisonment.
| 19 | | (10) (Blank).
| 20 | | (11) The court shall impose a minimum fine of $1,000 for a | 21 | | first offense
and $2,000 for a second or subsequent offense | 22 | | upon a person convicted of or
placed on supervision for battery | 23 | | when the individual harmed was a sports
official or coach at | 24 | | any level of competition and the act causing harm to the
sports
| 25 | | official or coach occurred within an athletic facility or | 26 | | within the immediate vicinity
of the athletic facility at which |
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| 1 | | the sports official or coach was an active
participant
of the | 2 | | athletic contest held at the athletic facility. For the | 3 | | purposes of
this paragraph (11), "sports official" means a | 4 | | person at an athletic contest
who enforces the rules of the | 5 | | contest, such as an umpire or referee; "athletic facility" | 6 | | means an indoor or outdoor playing field or recreational area | 7 | | where sports activities are conducted;
and "coach" means a | 8 | | person recognized as a coach by the sanctioning
authority that | 9 | | conducted the sporting event. | 10 | | (12) A person may not receive a disposition of court | 11 | | supervision for a
violation of Section 5-16 of the Boat | 12 | | Registration and Safety Act if that
person has previously | 13 | | received a disposition of court supervision for a
violation of | 14 | | that Section.
| 15 | | (13) A person convicted of or placed on court supervision | 16 | | for an assault or aggravated assault when the victim and the | 17 | | offender are family or household members as defined in Section | 18 | | 103 of the Illinois Domestic Violence Act of 1986 or convicted | 19 | | of domestic battery or aggravated domestic battery may be | 20 | | required to attend a Partner Abuse Intervention Program under | 21 | | protocols set forth by the Illinois Department of Human | 22 | | Services under such terms and conditions imposed by the court. | 23 | | The costs of such classes shall be paid by the offender.
| 24 | | (d) In any case in which a sentence originally imposed is | 25 | | vacated,
the case shall be remanded to the trial court. The | 26 | | trial court shall
hold a hearing under Section 5-4-1 of this |
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| 1 | | the Unified Code of Corrections
which may include evidence of | 2 | | the defendant's life, moral character and
occupation during the | 3 | | time since the original sentence was passed. The
trial court | 4 | | shall then impose sentence upon the defendant. The trial
court | 5 | | may impose any sentence which could have been imposed at the
| 6 | | original trial subject to Section 5-5-4 of this the Unified | 7 | | Code of Corrections .
If a sentence is vacated on appeal or on | 8 | | collateral attack due to the
failure of the trier of fact at | 9 | | trial to determine beyond a reasonable doubt
the
existence of a | 10 | | fact (other than a prior conviction) necessary to increase the
| 11 | | punishment for the offense beyond the statutory maximum | 12 | | otherwise applicable,
either the defendant may be re-sentenced | 13 | | to a term within the range otherwise
provided or, if the State | 14 | | files notice of its intention to again seek the
extended | 15 | | sentence, the defendant shall be afforded a new trial.
| 16 | | (e) In cases where prosecution for
aggravated criminal | 17 | | sexual abuse under Section 11-1.60 or 12-16 of the
Criminal | 18 | | Code of 1961 or the Criminal Code of 2012 results in conviction | 19 | | of a defendant
who was a family member of the victim at the | 20 | | time of the commission of the
offense, the court shall consider | 21 | | the safety and welfare of the victim and
may impose a sentence | 22 | | of probation only where:
| 23 | | (1) the court finds (A) or (B) or both are appropriate:
| 24 | | (A) the defendant is willing to undergo a court | 25 | | approved counseling
program for a minimum duration of 2 | 26 | | years; or
|
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| 1 | | (B) the defendant is willing to participate in a | 2 | | court approved plan
including but not limited to the | 3 | | defendant's:
| 4 | | (i) removal from the household;
| 5 | | (ii) restricted contact with the victim;
| 6 | | (iii) continued financial support of the | 7 | | family;
| 8 | | (iv) restitution for harm done to the victim; | 9 | | and
| 10 | | (v) compliance with any other measures that | 11 | | the court may
deem appropriate; and
| 12 | | (2) the court orders the defendant to pay for the | 13 | | victim's counseling
services, to the extent that the court | 14 | | finds, after considering the
defendant's income and | 15 | | assets, that the defendant is financially capable of
paying | 16 | | for such services, if the victim was under 18 years of age | 17 | | at the
time the offense was committed and requires | 18 | | counseling as a result of the
offense.
| 19 | | Probation may be revoked or modified pursuant to Section | 20 | | 5-6-4; except
where the court determines at the hearing that | 21 | | the defendant violated a
condition of his or her probation | 22 | | restricting contact with the victim or
other family members or | 23 | | commits another offense with the victim or other
family | 24 | | members, the court shall revoke the defendant's probation and
| 25 | | impose a term of imprisonment.
| 26 | | For the purposes of this Section, "family member" and |
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| 1 | | "victim" shall have
the meanings ascribed to them in Section | 2 | | 11-0.1 of the Criminal Code of
2012.
| 3 | | (f) (Blank).
| 4 | | (g) Whenever a defendant is convicted of an offense under | 5 | | Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60,
11-14, | 6 | | 11-14.3, 11-14.4 except for an offense that involves keeping a | 7 | | place of juvenile prostitution, 11-15, 11-15.1, 11-16, 11-17, | 8 | | 11-18, 11-18.1, 11-19, 11-19.1, 11-19.2,
12-13, 12-14, | 9 | | 12-14.1, 12-15 or 12-16 of the Criminal Code of 1961 or the | 10 | | Criminal Code of 2012,
the defendant shall undergo medical | 11 | | testing to
determine whether the defendant has any sexually | 12 | | transmissible disease,
including a test for infection with | 13 | | human immunodeficiency virus (HIV) or
any other identified | 14 | | causative agent of acquired immunodeficiency syndrome
(AIDS). | 15 | | Any such medical test shall be performed only by appropriately
| 16 | | licensed medical practitioners and may include an analysis of | 17 | | any bodily
fluids as well as an examination of the defendant's | 18 | | person.
Except as otherwise provided by law, the results of | 19 | | such test shall be kept
strictly confidential by all medical | 20 | | personnel involved in the testing and must
be personally | 21 | | delivered in a sealed envelope to the judge of the court in | 22 | | which
the conviction was entered for the judge's inspection in | 23 | | camera. Acting in
accordance with the best interests of the | 24 | | victim and the public, the judge
shall have the discretion to | 25 | | determine to whom, if anyone, the results of the
testing may be | 26 | | revealed. The court shall notify the defendant
of the test |
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| 1 | | results. The court shall
also notify the victim if requested by | 2 | | the victim, and if the victim is under
the age of 15 and if | 3 | | requested by the victim's parents or legal guardian, the
court | 4 | | shall notify the victim's parents or legal guardian of the test
| 5 | | results.
The court shall provide information on the | 6 | | availability of HIV testing
and counseling at Department of | 7 | | Public Health facilities to all parties to
whom the results of | 8 | | the testing are revealed and shall direct the State's
Attorney | 9 | | to provide the information to the victim when possible.
A | 10 | | State's Attorney may petition the court to obtain the results | 11 | | of any HIV test
administered under this Section, and the court | 12 | | shall grant the disclosure if
the State's Attorney shows it is | 13 | | relevant in order to prosecute a charge of
criminal | 14 | | transmission of HIV under Section 12-5.01 or 12-16.2 of the | 15 | | Criminal Code of 1961 or the Criminal Code of 2012
against the | 16 | | defendant. The court shall order that the cost of any such test
| 17 | | shall be paid by the county and may be taxed as costs against | 18 | | the convicted
defendant.
| 19 | | (g-5) When an inmate is tested for an airborne communicable | 20 | | disease, as
determined by the Illinois Department of Public | 21 | | Health including but not
limited to tuberculosis, the results | 22 | | of the test shall be
personally delivered by the warden or his | 23 | | or her designee in a sealed envelope
to the judge of the court | 24 | | in which the inmate must appear for the judge's
inspection in | 25 | | camera if requested by the judge. Acting in accordance with the
| 26 | | best interests of those in the courtroom, the judge shall have |
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| 1 | | the discretion
to determine what if any precautions need to be | 2 | | taken to prevent transmission
of the disease in the courtroom.
| 3 | | (h) Whenever a defendant is convicted of an offense under | 4 | | Section 1 or 2
of the Hypodermic Syringes and Needles Act, the | 5 | | defendant shall undergo
medical testing to determine whether | 6 | | the defendant has been exposed to human
immunodeficiency virus | 7 | | (HIV) or any other identified causative agent of
acquired | 8 | | immunodeficiency syndrome (AIDS). Except as otherwise provided | 9 | | by
law, the results of such test shall be kept strictly | 10 | | confidential by all
medical personnel involved in the testing | 11 | | and must be personally delivered in a
sealed envelope to the | 12 | | judge of the court in which the conviction was entered
for the | 13 | | judge's inspection in camera. Acting in accordance with the | 14 | | best
interests of the public, the judge shall have the | 15 | | discretion to determine to
whom, if anyone, the results of the | 16 | | testing may be revealed. The court shall
notify the defendant | 17 | | of a positive test showing an infection with the human
| 18 | | immunodeficiency virus (HIV). The court shall provide | 19 | | information on the
availability of HIV testing and counseling | 20 | | at Department of Public Health
facilities to all parties to | 21 | | whom the results of the testing are revealed and
shall direct | 22 | | the State's Attorney to provide the information to the victim | 23 | | when
possible. A State's Attorney may petition the court to | 24 | | obtain the results of
any HIV test administered under this | 25 | | Section, and the court shall grant the
disclosure if the | 26 | | State's Attorney shows it is relevant in order to prosecute a
|
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| 1 | | charge of criminal transmission of HIV under Section 12-5.01 or | 2 | | 12-16.2 of the Criminal
Code of 1961 or the Criminal Code of | 3 | | 2012 against the defendant. The court shall order that the cost | 4 | | of any
such test shall be paid by the county and may be taxed as | 5 | | costs against the
convicted defendant.
| 6 | | (i) All fines and penalties imposed under this Section for | 7 | | any violation
of Chapters 3, 4, 6, and 11 of the Illinois | 8 | | Vehicle Code, or a similar
provision of a local ordinance, and | 9 | | any violation
of the Child Passenger Protection Act, or a | 10 | | similar provision of a local
ordinance, shall be collected and | 11 | | disbursed by the circuit
clerk as provided under the Criminal | 12 | | and Traffic Assessment Act.
| 13 | | (j) In cases when prosecution for any violation of Section | 14 | | 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-8,
11-9, | 15 | | 11-11, 11-14, 11-14.3, 11-14.4, 11-15, 11-15.1, 11-16, 11-17, | 16 | | 11-17.1, 11-18, 11-18.1,
11-19, 11-19.1, 11-19.2, 11-20.1, | 17 | | 11-20.1B, 11-20.3, 11-21, 11-30, 11-40, 12-13, 12-14, 12-14.1, | 18 | | 12-15, or
12-16 of the
Criminal Code of 1961 or the Criminal | 19 | | Code of 2012, any violation of the Illinois Controlled | 20 | | Substances Act,
any violation of the Cannabis Control Act, or | 21 | | any violation of the Methamphetamine Control and Community | 22 | | Protection Act results in conviction, a
disposition of court | 23 | | supervision, or an order of probation granted under
Section 10 | 24 | | of the Cannabis Control Act, Section 410 of the Illinois
| 25 | | Controlled Substances Act, or Section 70 of the Methamphetamine | 26 | | Control and Community Protection Act of a defendant, the court |
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| 1 | | shall determine whether the
defendant is employed by a facility | 2 | | or center as defined under the Child Care
Act of 1969, a public | 3 | | or private elementary or secondary school, or otherwise
works | 4 | | with children under 18 years of age on a daily basis. When a | 5 | | defendant
is so employed, the court shall order the Clerk of | 6 | | the Court to send a copy of
the judgment of conviction or order | 7 | | of supervision or probation to the
defendant's employer by | 8 | | certified mail.
If the employer of the defendant is a school, | 9 | | the Clerk of the Court shall
direct the mailing of a copy of | 10 | | the judgment of conviction or order of
supervision or probation | 11 | | to the appropriate regional superintendent of schools.
The | 12 | | regional superintendent of schools shall notify the State Board | 13 | | of
Education of any notification under this subsection.
| 14 | | (j-5) A defendant at least 17 years of age who is convicted | 15 | | of a felony and
who has not been previously convicted of a | 16 | | misdemeanor or felony and who is
sentenced to a term of | 17 | | imprisonment in the Illinois Department of Corrections
shall as | 18 | | a condition of his or her sentence be required by the court to | 19 | | attend
educational courses designed to prepare the defendant | 20 | | for a high school diploma
and to work toward a high school | 21 | | diploma or to work toward passing high school equivalency | 22 | | testing or to work toward
completing a vocational training | 23 | | program offered by the Department of
Corrections. If a | 24 | | defendant fails to complete the educational training
required | 25 | | by his or her sentence during the term of incarceration, the | 26 | | Prisoner
Review Board shall, as a condition of mandatory |
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| 1 | | supervised release, require the
defendant, at his or her own | 2 | | expense, to pursue a course of study toward a high
school | 3 | | diploma or passage of high school equivalency testing. The | 4 | | Prisoner Review Board shall
revoke the mandatory supervised | 5 | | release of a defendant who wilfully fails to
comply with this | 6 | | subsection (j-5) upon his or her release from confinement in a
| 7 | | penal institution while serving a mandatory supervised release | 8 | | term; however,
the inability of the defendant after making a | 9 | | good faith effort to obtain
financial aid or pay for the | 10 | | educational training shall not be deemed a wilful
failure to | 11 | | comply. The Prisoner Review Board shall recommit the defendant
| 12 | | whose mandatory supervised release term has been revoked under | 13 | | this subsection
(j-5) as provided in Section 3-3-9. This | 14 | | subsection (j-5) does not apply to a
defendant who has a high | 15 | | school diploma or has successfully passed high school | 16 | | equivalency testing. This subsection (j-5) does not apply to a | 17 | | defendant who is determined by
the court to be a person with a | 18 | | developmental disability or otherwise mentally incapable of
| 19 | | completing the educational or vocational program.
| 20 | | (k) (Blank).
| 21 | | (l) (A) Except as provided
in paragraph (C) of subsection | 22 | | (l), whenever a defendant,
who is an alien as defined by the | 23 | | Immigration and Nationality Act, is convicted
of any felony or | 24 | | misdemeanor offense, the court after sentencing the defendant
| 25 | | may, upon motion of the State's Attorney, hold sentence in | 26 | | abeyance and remand
the defendant to the custody of the |
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| 1 | | Attorney General of
the United States or his or her designated | 2 | | agent to be deported when:
| 3 | | (1) a final order of deportation has been issued | 4 | | against the defendant
pursuant to proceedings under the | 5 | | Immigration and Nationality Act, and
| 6 | | (2) the deportation of the defendant would not | 7 | | deprecate the seriousness
of the defendant's conduct and | 8 | | would not be inconsistent with the ends of
justice.
| 9 | | Otherwise, the defendant shall be sentenced as provided in | 10 | | this Chapter V.
| 11 | | (B) If the defendant has already been sentenced for a | 12 | | felony or
misdemeanor
offense, or has been placed on probation | 13 | | under Section 10 of the Cannabis
Control Act,
Section 410 of | 14 | | the Illinois Controlled Substances Act, or Section 70 of the | 15 | | Methamphetamine Control and Community Protection Act, the | 16 | | court
may, upon motion of the State's Attorney to suspend the
| 17 | | sentence imposed, commit the defendant to the custody of the | 18 | | Attorney General
of the United States or his or her designated | 19 | | agent when:
| 20 | | (1) a final order of deportation has been issued | 21 | | against the defendant
pursuant to proceedings under the | 22 | | Immigration and Nationality Act, and
| 23 | | (2) the deportation of the defendant would not | 24 | | deprecate the seriousness
of the defendant's conduct and | 25 | | would not be inconsistent with the ends of
justice.
| 26 | | (C) This subsection (l) does not apply to offenders who are |
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| 1 | | subject to the
provisions of paragraph (2) of subsection (a) of | 2 | | Section 3-6-3.
| 3 | | (D) Upon motion of the State's Attorney, if a defendant | 4 | | sentenced under
this Section returns to the jurisdiction of the | 5 | | United States, the defendant
shall be recommitted to the | 6 | | custody of the county from which he or she was
sentenced.
| 7 | | Thereafter, the defendant shall be brought before the | 8 | | sentencing court, which
may impose any sentence that was | 9 | | available under Section 5-5-3 at the time of
initial | 10 | | sentencing. In addition, the defendant shall not be eligible | 11 | | for
additional earned sentence credit as provided under
Section | 12 | | 3-6-3.
| 13 | | (m) A person convicted of criminal defacement of property | 14 | | under Section
21-1.3 of the Criminal Code of 1961 or the | 15 | | Criminal Code of 2012, in which the property damage exceeds | 16 | | $300
and the property damaged is a school building, shall be | 17 | | ordered to perform
community service that may include cleanup, | 18 | | removal, or painting over the
defacement.
| 19 | | (n) The court may sentence a person convicted of a | 20 | | violation of Section
12-19, 12-21, 16-1.3, or 17-56, or | 21 | | subsection (a) or (b) of Section 12-4.4a, of the Criminal Code | 22 | | of 1961 or the Criminal Code of 2012 (i) to an impact
| 23 | | incarceration program if the person is otherwise eligible for | 24 | | that program
under Section 5-8-1.1, (ii) to community service, | 25 | | or (iii) if the person has a substance use disorder, as defined
| 26 | | in the Substance Use Disorder Act, to a treatment program
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| 1 | | licensed under that Act. | 2 | | (o) Whenever a person is convicted of a sex offense as | 3 | | defined in Section 2 of the Sex Offender Registration Act, the | 4 | | defendant's driver's license or permit shall be subject to | 5 | | renewal on an annual basis in accordance with the provisions of | 6 | | license renewal established by the Secretary of State.
| 7 | | (Source: P.A. 99-143, eff. 7-27-15; 99-885, eff. 8-23-16; | 8 | | 99-938, eff. 1-1-18; 100-575, eff. 1-8-18; 100-759, eff. | 9 | | 1-1-19; 100-987, eff. 7-1-19; revised 10-12-18.) | 10 | | Section 95. No acceleration or delay. Where this Act makes | 11 | | changes in a statute that is represented in this Act by text | 12 | | that is not yet or no longer in effect (for example, a Section | 13 | | represented by multiple versions), the use of that text does | 14 | | not accelerate or delay the taking effect of (i) the changes | 15 | | made by this Act or (ii) provisions derived from any other | 16 | | Public Act.".
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