Full Text of SB2962 94th General Assembly
SB2962enr 94TH GENERAL ASSEMBLY
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| AN ACT concerning driving privileges.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Illinois Vehicle Code is amended by changing | 5 |
| Sections 6-101, 6-115, and 6-201 as follows:
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| (625 ILCS 5/6-101) (from Ch. 95 1/2, par. 6-101)
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| Sec. 6-101. Drivers must have licenses or permits.
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| (a) No person, except those expressly exempted by Section | 9 |
| 6-102, shall
drive any motor vehicle upon a highway in this | 10 |
| State unless such person has
a valid license or permit, or a | 11 |
| restricted driving permit, issued under the
provisions of this | 12 |
| Act.
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| (b) No person shall drive a motor vehicle unless he holds a | 14 |
| valid
license or permit, or a restricted driving permit issued | 15 |
| under the
provisions of Section 6-205, 6-206, or 6-113 of this | 16 |
| Act. Any person to
whom a license is issued under the | 17 |
| provisions of this Act must surrender to
the Secretary of State | 18 |
| all valid licenses or permits. No drivers license
shall be | 19 |
| issued to any person who holds a valid Foreign State license,
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| identification card, or permit
unless such person first | 21 |
| surrenders to the Secretary of State any such
valid Foreign | 22 |
| State license,
identification card, or permit.
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| (b-5) Any person who commits a violation of subsection (a) | 24 |
| or (b) of this Section is guilty of a Class A misdemeanor, if | 25 |
| at the time of the violation the person's driver's license or | 26 |
| permit was cancelled under clause (a)9 of Section 6-201 of this | 27 |
| Code.
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| (c) Any person licensed as a driver hereunder shall not be | 29 |
| required by
any city, village, incorporated town or other | 30 |
| municipal corporation to
obtain any other license to exercise | 31 |
| the privilege thereby granted.
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| (d) In addition to other penalties imposed under this |
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| Section, any person
in violation of this Section who is also in | 2 |
| violation of Section 7-601 of this
Code relating to mandatory | 3 |
| insurance requirements shall have his or her motor
vehicle | 4 |
| immediately impounded by the arresting law enforcement | 5 |
| officer. The
motor vehicle may be released to any licensed | 6 |
| driver upon a showing of proof of
insurance for the motor | 7 |
| vehicle that was impounded and the notarized written
consent | 8 |
| for the release by the vehicle owner.
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| (e) In addition to other penalties imposed under this | 10 |
| Section, the
vehicle
of any person
in violation of this Section | 11 |
| who is also in violation of Section 7-601 of this
Code relating | 12 |
| to mandatory insurance requirements and who, in violating this
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| Section, has caused death or personal injury to another person | 14 |
| is subject to
forfeiture under Sections 36-1 and 36-2 of the | 15 |
| Criminal Code of 1961.
For the purposes of this Section, a | 16 |
| personal injury shall include
any type A injury as indicated on | 17 |
| the traffic accident report completed
by a law enforcement | 18 |
| officer that requires immediate professional attention
in | 19 |
| either a doctor's office or a medical facility. A type A injury | 20 |
| shall
include severely bleeding wounds, distorted extremities, | 21 |
| and injuries that
require the injured party to be carried from | 22 |
| the scene.
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| (Source: P.A. 93-187, eff. 7-11-03; 93-895, eff. 1-1-05.)
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| (625 ILCS 5/6-115) (from Ch. 95 1/2, par. 6-115)
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| Sec. 6-115. Expiration of driver's license.
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| (a) Except as provided elsewhere in this Section, every
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| driver's license issued under the provisions of
this Code shall
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| expire 4 years from the date of its issuance, or at such later
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| date, as the Secretary of State may by proper rule and | 30 |
| regulation designate,
not to exceed 12 calendar months; in the | 31 |
| event
that an applicant for renewal of a driver's license fails
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| to apply prior to
the expiration date of the previous driver's | 33 |
| license, the renewal driver's
license
shall expire 4 years from | 34 |
| the expiration date of the previous
driver's license, or at | 35 |
| such later date as the Secretary of State may
by proper rule |
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| and
regulation designate, not to exceed 12 calendar months.
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| The Secretary of State may, however, issue to a
person not | 3 |
| previously licensed as a driver in Illinois a driver's
license
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| which will expire not less than 4 years nor more than 5
years | 5 |
| from date of
issuance, except as provided elsewhere in this | 6 |
| Section.
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| The Secretary of State is authorized to issue driver's | 8 |
| licenses during
the years 1984 through 1987 which shall expire | 9 |
| not less than 3 years nor
more than 5 years from the date of | 10 |
| issuance, except as provided elsewhere
in this Section, for the | 11 |
| purpose of converting
all driver's licenses issued under this | 12 |
| Code to a 4 year expiration. Provided
that all original | 13 |
| driver's licenses, except as provided elsewhere in
this | 14 |
| Section, shall expire not less than 4 years nor more than
5 | 15 |
| years from the date of issuance.
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| (b) Before the expiration of a driver's license, except | 17 |
| those
licenses expiring on the individual's 21st birthday, or 3 | 18 |
| months after
the individual's 21st birthday, the holder thereof | 19 |
| may apply for a renewal
thereof, subject to all the provisions | 20 |
| of Section 6-103, and the Secretary
of State may require an | 21 |
| examination of the applicant. A licensee
whose driver's license | 22 |
| expires on his 21st birthday, or 3 months after
his 21st | 23 |
| birthday, may not apply for a renewal of his driving privileges
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| until he reaches the age of 21.
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| (c) The Secretary of State shall, 30 days prior to the | 26 |
| expiration of a
driver's license, forward to each person whose | 27 |
| license
is to expire a
notification of the expiration of said | 28 |
| license which may
be presented at the time of renewal of said | 29 |
| license.
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| There may be included with such notification information | 31 |
| explaining
the anatomical gift and Emergency Medical | 32 |
| Information Card provisions of
Section 6-110. The format and | 33 |
| text of such information
shall be prescribed by the Secretary.
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| There shall be included with such notification,
for a | 35 |
| period of 4 years beginning January 1, 2000 information | 36 |
| regarding the
Illinois Adoption Registry and Medical |
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| Information Exchange established in
Section 18.1 of the | 2 |
| Adoption Act.
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| (d) The Secretary may defer the expiration of the driver's | 4 |
| license
of a licensee, spouse, and dependent children who are | 5 |
| living with such licensee
while on active duty, serving in the | 6 |
| Armed Forces of the United
States outside of the State of | 7 |
| Illinois, and 45 days thereafter, upon such
terms and | 8 |
| conditions as the Secretary may prescribe.
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| (e) The Secretary of State may decline to process a renewal | 10 |
| of a driver's
license
of any person who has not paid any fee or | 11 |
| tax due under this Code and is not
paid upon reasonable notice | 12 |
| and demand.
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| (f) The Secretary shall provide that each original or | 14 |
| renewal driver's
license issued to a licensee under 21 years of | 15 |
| age shall expire 3 months
after the licensee's 21st birthday. | 16 |
| Persons whose current driver's licenses
expire on their 21st | 17 |
| birthday on or after January 1, 1986 shall not renew their
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| driver's license before their 21st birthday, and their current | 19 |
| driver's
license will be extended for an additional term of 3 | 20 |
| months beyond their
21st birthday. Thereafter, the expiration | 21 |
| and term of the driver's license
shall be governed by | 22 |
| subsection (a) hereof.
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| (g) The Secretary shall provide that each original or | 24 |
| renewal driver's
license issued to a licensee 81 years of age | 25 |
| through age 86 shall expire 2
years from the date of issuance, | 26 |
| or at such later date as the Secretary may
by rule and | 27 |
| regulation designate, not to exceed an additional 12 calendar
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| months. The
Secretary shall also provide that each original or | 29 |
| renewal driver's license
issued to a licensee 87 years of age | 30 |
| or older shall expire 12 months from
the date of issuance, or | 31 |
| at such later date as the Secretary may by rule
and regulation | 32 |
| designate, not to exceed an additional 12 calendar months.
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| (h) The Secretary of State shall provide that each special
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| restricted driver's license issued under subsection (g) of | 35 |
| Section
6-113 of this Code shall expire 12 months from the date | 36 |
| of
issuance. The Secretary shall adopt rules defining renewal
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| requirements.
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| (i) The Secretary of State shall provide that each driver's | 3 |
| license issued to a person convicted of a sex offense as | 4 |
| defined in Section 2 of the Sex Offender Registration Act shall | 5 |
| expire 12 months from the date of issuance or at such date as | 6 |
| the Secretary may by rule designate, not to exceed an | 7 |
| additional 12 calendar months. The Secretary may adopt rules | 8 |
| defining renewal requirements.
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| (Source: P.A. 91-417, eff. 1-1-00; 92-274, eff. 1-1-02.)
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| (625 ILCS 5/6-201) (from Ch. 95 1/2, par. 6-201)
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| Sec. 6-201. Authority to cancel licenses and permits.
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| (a) The Secretary of State is authorized to cancel any | 13 |
| license or permit
upon determining that the holder thereof:
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| 1. was not entitled to the issuance thereof hereunder; | 15 |
| or
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| 2. failed to give the required or correct information | 17 |
| in his
application; or
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| 3. failed to pay any fees, civil penalties owed to the | 19 |
| Illinois Commerce
Commission, or taxes due under this Act | 20 |
| and upon reasonable notice and demand;
or
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| 4. committed any fraud in the making of such | 22 |
| application; or
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| 5. is ineligible therefor under the provisions of | 24 |
| Section 6-103 of this
Act, as amended; or
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| 6. has refused or neglected to submit an alcohol, drug, | 26 |
| and
intoxicating compound evaluation or to
submit to | 27 |
| examination or re-examination as required under this Act; | 28 |
| or
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| 7. has been convicted of violating the Cannabis Control | 30 |
| Act,
the
Illinois Controlled Substances Act, the | 31 |
| Methamphetamine Control and Community Protection Act, or | 32 |
| the Use of Intoxicating Compounds
Act while that individual | 33 |
| was in actual physical
control of a motor vehicle. For | 34 |
| purposes of this Section, any person placed on
probation | 35 |
| under Section 10 of the Cannabis Control Act, Section 410 |
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| of the
Illinois Controlled Substances Act, or Section 70 of | 2 |
| the Methamphetamine Control and Community Protection Act | 3 |
| shall not be considered convicted. Any
person found guilty | 4 |
| of this offense, while in actual physical control of a
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| motor vehicle, shall have an entry made in the court record | 6 |
| by the
judge that this offense did occur while the person | 7 |
| was in actual
physical control of a motor vehicle and order | 8 |
| the clerk of the court to report
the violation to the | 9 |
| Secretary of State as such. After the cancellation, the
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| Secretary of State shall not issue a new license or permit | 11 |
| for a period of one
year after the date of cancellation. | 12 |
| However, upon application, the Secretary
of State may, if | 13 |
| satisfied that the person applying will not endanger the
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| public safety, or welfare, issue a restricted driving | 15 |
| permit granting the
privilege of driving a motor vehicle | 16 |
| between the person's residence and
person's place of | 17 |
| employment or within the scope of the person's employment
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| related duties, or to allow transportation for
the person | 19 |
| or a household member of the person's family for the | 20 |
| receipt of
necessary medical care or, if the professional | 21 |
| evaluation indicates,
provide transportation for the | 22 |
| petitioner for alcohol remedial or
rehabilitative | 23 |
| activity, or for the person to attend classes, as a | 24 |
| student,
in an accredited educational institution; if the | 25 |
| person is able to
demonstrate that no alternative means of | 26 |
| transportation is reasonably
available; provided that the | 27 |
| Secretary's discretion shall be limited to
cases where | 28 |
| undue hardship would result from a failure to issue such
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| restricted driving permit. In each case the Secretary of | 30 |
| State may issue
such restricted driving permit for such | 31 |
| period as he deems appropriate,
except that such permit | 32 |
| shall expire within one year from the date of
issuance. A | 33 |
| restricted driving permit issued hereunder shall be | 34 |
| subject to
cancellation, revocation and suspension by the | 35 |
| Secretary of State in like
manner and for like cause as a | 36 |
| driver's license issued hereunder may be
cancelled, |
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| revoked or suspended; except that a conviction upon one or | 2 |
| more
offenses against laws or ordinances regulating the | 3 |
| movement of traffic
shall be deemed sufficient cause for | 4 |
| the revocation, suspension or
cancellation of a restricted | 5 |
| driving permit. The Secretary of State may,
as a condition | 6 |
| to the issuance of a restricted driving permit, require the
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| applicant to participate in a driver remedial or | 8 |
| rehabilitative
program; or
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| 8. failed to submit a report as required by Section | 10 |
| 6-116.5 of this
Code ; or
.
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| 9. has been convicted of a sex offense as defined in | 12 |
| the Sex Offender Registration Act. The driver's license | 13 |
| shall remain cancelled until the driver registers as a sex | 14 |
| offender as required by the Sex Offender Registration Act, | 15 |
| proof of the registration is furnished to the Secretary of | 16 |
| State and the sex offender provides proof of current | 17 |
| address to the Secretary.
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| (b) Upon such cancellation the licensee or permittee must | 19 |
| surrender the
license or permit so cancelled to the Secretary | 20 |
| of State.
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| (c) Except as provided in Sections 6-206.1 and 7-702.1,
the | 22 |
| Secretary of State
shall have exclusive authority to grant, | 23 |
| issue, deny, cancel, suspend and
revoke driving privileges, | 24 |
| drivers' licenses and restricted driving permits.
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| (d) The Secretary of State may adopt rules to implement | 26 |
| this Section.
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| (Source: P.A. 94-556, eff. 9-11-05.)
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| Section 10. The Unified Code of Corrections is amended by | 29 |
| 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 | 33 |
| Vehicle Code, every person convicted of an offense shall be | 34 |
| sentenced as provided
in this Section.
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| (b) The following options shall be appropriate | 2 |
| dispositions, alone
or in combination, for all felonies and | 3 |
| misdemeanors other than those
identified in subsection (c) of | 4 |
| 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 | 10 |
| repair the
damage, if the offender was convicted under | 11 |
| paragraph (h) of Section
21-1 of the Criminal Code of 1961 | 12 |
| (now repealed).
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| (6) A fine.
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| (7) An order directing the offender to make restitution | 15 |
| to the
victim under Section 5-5-6 of this Code.
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| (8) A sentence of participation in a county impact | 17 |
| incarceration
program under Section 5-8-1.2 of this Code. | 18 |
| (9) A term of imprisonment in combination with a term | 19 |
| of probation when the offender has been admitted into a | 20 |
| drug court program under Section 20 of the Drug Court | 21 |
| Treatment Act.
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| Neither a fine nor restitution shall be the sole | 23 |
| disposition
for a felony and either or both may be imposed only | 24 |
| in conjunction with
another disposition.
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| (c) (1) When a defendant is found guilty of first degree | 26 |
| murder the
State may either seek a sentence of imprisonment | 27 |
| under Section 5-8-1 of
this Code, or where appropriate seek | 28 |
| a sentence of death under Section 9-1
of the Criminal Code | 29 |
| of 1961.
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| (2) A period of probation, a term of periodic | 31 |
| imprisonment or
conditional discharge shall not be imposed | 32 |
| for the following offenses.
The court shall sentence the | 33 |
| offender to not less than the minimum term
of imprisonment | 34 |
| set forth in this Code for the following offenses, and
may | 35 |
| order a fine or restitution or both in conjunction with | 36 |
| such term of
imprisonment:
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| (A) First degree murder where the death penalty is | 2 |
| 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 | 7 |
| subdivision (c)(1) or
(c)(2) of
Section 401 of that Act | 8 |
| which relates to more than 5 grams of a substance
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| containing heroin or cocaine or an analog thereof.
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| (E) A violation of Section 5.1 or 9 of the Cannabis | 11 |
| Control
Act.
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| (F) A Class 2 or greater felony if the offender had | 13 |
| been convicted
of a Class 2 or greater felony within 10 | 14 |
| years of the date on which the
offender
committed the | 15 |
| offense for which he or she is being sentenced, except | 16 |
| as
otherwise provided in Section 40-10 of the | 17 |
| Alcoholism and Other Drug Abuse and
Dependency Act.
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| (F-5) A violation of Section 24-1, 24-1.1, or | 19 |
| 24-1.6 of the Criminal Code of 1961 for which | 20 |
| imprisonment is prescribed in those Sections.
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| (G) Residential burglary, except as otherwise | 22 |
| provided in Section 40-10
of the Alcoholism and Other | 23 |
| 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 | 27 |
| the activities of an
organized gang.
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| Before July 1, 1994, for the purposes of this | 29 |
| paragraph, "organized
gang" means an association of 5 | 30 |
| or more persons, with an established hierarchy,
that | 31 |
| encourages members of the association to perpetrate | 32 |
| crimes or provides
support to the members of the | 33 |
| association who do commit crimes.
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| Beginning July 1, 1994, for the purposes of this | 35 |
| paragraph,
"organized gang" has the meaning ascribed | 36 |
| to it in Section 10 of the Illinois
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| Terrorism Omnibus Prevention Act.
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| (K) Vehicular hijacking.
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| (L) A second or subsequent conviction for the | 4 |
| offense of hate crime
when the underlying offense upon | 5 |
| 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 | 8 |
| offense of institutional
vandalism if the damage to the | 9 |
| property exceeds $300.
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| (N) A Class 3 felony violation of paragraph (1) of | 11 |
| subsection (a) of
Section 2 of the Firearm Owners | 12 |
| Identification Card Act.
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| (O) A violation of Section 12-6.1 of the Criminal | 14 |
| Code of 1961.
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| (P) A violation of paragraph (1), (2), (3), (4), | 16 |
| (5), or (7) of
subsection (a)
of Section 11-20.1 of the | 17 |
| Criminal Code of 1961.
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| (Q) A violation of Section 20-1.2 or 20-1.3 of the | 19 |
| Criminal Code of
1961.
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| (R) A violation of Section 24-3A of the Criminal | 21 |
| Code of
1961.
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| (S) (Blank).
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| (T) A second or subsequent violation of the | 24 |
| 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
| 27 |
| consecutive days or 30 days of community service shall be | 28 |
| imposed for a
violation of paragraph (c) of Section 6-303 | 29 |
| of the Illinois Vehicle Code.
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| (4.1) (Blank).
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| (4.2) Except as provided in paragraph (4.3) of this | 32 |
| subsection (c), a
minimum of
100 hours of community service | 33 |
| shall be imposed for a second violation of
Section 6-303
of | 34 |
| the Illinois Vehicle Code.
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| (4.3) A minimum term of imprisonment of 30 days or 300 | 36 |
| hours of community
service, as determined by the court, |
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| shall
be imposed for a second violation of subsection (c) | 2 |
| of Section 6-303 of the
Illinois Vehicle Code.
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| (4.4) Except as provided in paragraph (4.5) and | 4 |
| paragraph (4.6) of this
subsection (c), a
minimum term of | 5 |
| imprisonment of 30 days or 300 hours of community service, | 6 |
| as
determined by the court, shall
be imposed
for a third or | 7 |
| subsequent violation of Section 6-303 of the Illinois | 8 |
| Vehicle
Code.
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| (4.5) A minimum term of imprisonment of 30 days
shall | 10 |
| be imposed for a third violation of subsection (c) of
| 11 |
| Section 6-303 of the Illinois Vehicle Code.
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| (4.6) A minimum term of imprisonment of 180 days shall | 13 |
| be imposed for a
fourth or subsequent violation of | 14 |
| subsection (c) of Section 6-303 of the
Illinois Vehicle | 15 |
| Code.
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| (5) The court may sentence an offender convicted of a | 17 |
| business
offense or a petty offense or a corporation or | 18 |
| unincorporated
association convicted of any offense to:
| 19 |
| (A) a period of conditional discharge;
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| (B) a fine;
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| (C) make restitution to the victim under Section | 22 |
| 5-5-6 of this Code.
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| (5.1) In addition to any penalties imposed under | 24 |
| paragraph (5) of this
subsection (c), and except as | 25 |
| provided in paragraph (5.2) or (5.3), a person
convicted of | 26 |
| violating subsection (c) of Section 11-907 of the Illinois
| 27 |
| Vehicle Code shall have his or her driver's license, | 28 |
| permit, or privileges
suspended for at least 90 days but | 29 |
| not more than one year, if the violation
resulted in damage | 30 |
| to the property of another person.
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| (5.2) In addition to any penalties imposed under | 32 |
| paragraph (5) of this
subsection (c), and except as | 33 |
| provided in paragraph (5.3), a person convicted
of | 34 |
| violating subsection (c) of Section 11-907 of the Illinois | 35 |
| Vehicle Code
shall have his or her driver's license, | 36 |
| permit, or privileges suspended for at
least 180 days but |
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| not more than 2 years, if the violation resulted in injury
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| to
another person.
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| (5.3) In addition to any penalties imposed under | 4 |
| paragraph (5) of
this
subsection (c), a person convicted of | 5 |
| violating subsection (c) of Section
11-907 of the Illinois | 6 |
| Vehicle Code shall have his or her driver's license,
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| permit, or privileges suspended for 2 years, if the | 8 |
| violation resulted in the
death of another person.
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| (6) In no case shall an offender be eligible for a | 10 |
| disposition of
probation or conditional discharge for a | 11 |
| Class 1 felony committed while
he was serving a term of | 12 |
| probation or conditional discharge for a felony.
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| (7) When a defendant is adjudged a habitual criminal | 14 |
| under Article
33B of the Criminal Code of 1961, the court | 15 |
| shall sentence
the defendant to a term of natural life | 16 |
| imprisonment.
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| (8) When a defendant, over the age of 21 years, is | 18 |
| convicted of a
Class 1 or Class 2 felony, after having | 19 |
| twice been convicted
in any state or
federal court of an | 20 |
| offense that contains the same elements as an offense now
| 21 |
| classified in Illinois as a Class 2 or greater Class felony
| 22 |
| and such charges are
separately brought and tried and arise | 23 |
| out of different series of acts,
such defendant shall be | 24 |
| sentenced as a Class X offender. This paragraph
shall not | 25 |
| apply unless (1) the first felony was committed after the
| 26 |
| effective date of this amendatory Act of 1977; and (2) the | 27 |
| second felony
was committed after conviction on the first; | 28 |
| and (3) the third felony
was committed after conviction on | 29 |
| the second.
A person sentenced as a Class X offender under | 30 |
| this paragraph is not
eligible to apply for treatment as a | 31 |
| condition of probation as provided by
Section 40-10 of the | 32 |
| Alcoholism and Other Drug Abuse and Dependency Act.
| 33 |
| (9) A defendant convicted of a second or subsequent | 34 |
| offense of ritualized
abuse of a child may be sentenced to | 35 |
| a term of natural life imprisonment.
| 36 |
| (10) (Blank).
|
|
|
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SB2962 Enrolled |
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LRB094 18882 RLC 54326 b |
|
| 1 |
| (11) The court shall impose a minimum fine of $1,000 | 2 |
| for a first offense
and $2,000 for a second or subsequent | 3 |
| offense upon a person convicted of or
placed on supervision | 4 |
| for battery when the individual harmed was a sports
| 5 |
| official or coach at any level of competition and the act | 6 |
| causing harm to the
sports
official or coach occurred | 7 |
| within an athletic facility or within the immediate | 8 |
| vicinity
of the athletic facility at which the sports | 9 |
| official or coach was an active
participant
of the athletic | 10 |
| contest held at the athletic facility. For the purposes of
| 11 |
| this paragraph (11), "sports official" means a person at an | 12 |
| athletic contest
who enforces the rules of the contest, | 13 |
| such as an umpire or referee; "athletic facility" means an | 14 |
| indoor or outdoor playing field or recreational area where | 15 |
| sports activities are conducted;
and "coach" means a person | 16 |
| recognized as a coach by the sanctioning
authority that | 17 |
| conducted the sporting event. | 18 |
| (12) A person may not receive a disposition of court | 19 |
| supervision for a
violation of Section 5-16 of the Boat | 20 |
| Registration and Safety Act if that
person has previously | 21 |
| received a disposition of court supervision for a
violation | 22 |
| of that Section.
| 23 |
| (d) In any case in which a sentence originally imposed is | 24 |
| vacated,
the case shall be remanded to the trial court. The | 25 |
| trial court shall
hold a hearing under Section 5-4-1 of the | 26 |
| Unified Code of Corrections
which may include evidence of the | 27 |
| defendant's life, moral character and
occupation during the | 28 |
| time since the original sentence was passed. The
trial court | 29 |
| shall then impose sentence upon the defendant. The trial
court | 30 |
| may impose any sentence which could have been imposed at the
| 31 |
| original trial subject to Section 5-5-4 of the Unified Code of | 32 |
| Corrections.
If a sentence is vacated on appeal or on | 33 |
| collateral attack due to the
failure of the trier of fact at | 34 |
| trial to determine beyond a reasonable doubt
the
existence of a | 35 |
| fact (other than a prior conviction) necessary to increase the
| 36 |
| punishment for the offense beyond the statutory maximum |
|
|
|
SB2962 Enrolled |
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LRB094 18882 RLC 54326 b |
|
| 1 |
| otherwise applicable,
either the defendant may be re-sentenced | 2 |
| to a term within the range otherwise
provided or, if the State | 3 |
| files notice of its intention to again seek the
extended | 4 |
| sentence, the defendant shall be afforded a new trial.
| 5 |
| (e) In cases where prosecution for
aggravated criminal | 6 |
| sexual abuse under Section 12-16 of the
Criminal Code of 1961 | 7 |
| results in conviction of a defendant
who was a family member of | 8 |
| the victim at the time of the commission of the
offense, the | 9 |
| court shall consider the safety and welfare of the victim and
| 10 |
| may impose a sentence of probation only where:
| 11 |
| (1) the court finds (A) or (B) or both are appropriate:
| 12 |
| (A) the defendant is willing to undergo a court | 13 |
| approved counseling
program for a minimum duration of 2 | 14 |
| years; or
| 15 |
| (B) the defendant is willing to participate in a | 16 |
| court approved plan
including but not limited to the | 17 |
| defendant's:
| 18 |
| (i) removal from the household;
| 19 |
| (ii) restricted contact with the victim;
| 20 |
| (iii) continued financial support of the | 21 |
| family;
| 22 |
| (iv) restitution for harm done to the victim; | 23 |
| and
| 24 |
| (v) compliance with any other measures that | 25 |
| the court may
deem appropriate; and
| 26 |
| (2) the court orders the defendant to pay for the | 27 |
| victim's counseling
services, to the extent that the court | 28 |
| finds, after considering the
defendant's income and | 29 |
| assets, that the defendant is financially capable of
paying | 30 |
| for such services, if the victim was under 18 years of age | 31 |
| at the
time the offense was committed and requires | 32 |
| counseling as a result of the
offense.
| 33 |
| Probation may be revoked or modified pursuant to Section | 34 |
| 5-6-4; except
where the court determines at the hearing that | 35 |
| the defendant violated a
condition of his or her probation | 36 |
| restricting contact with the victim or
other family members or |
|
|
|
SB2962 Enrolled |
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LRB094 18882 RLC 54326 b |
|
| 1 |
| commits another offense with the victim or other
family | 2 |
| members, the court shall revoke the defendant's probation and
| 3 |
| impose a term of imprisonment.
| 4 |
| For the purposes of this Section, "family member" and | 5 |
| "victim" shall have
the meanings ascribed to them in Section | 6 |
| 12-12 of the Criminal Code of
1961.
| 7 |
| (f) This Article shall not deprive a court in other | 8 |
| proceedings to
order a forfeiture of property, to suspend or | 9 |
| cancel a license, to
remove a person from office, or to impose | 10 |
| any other civil penalty.
| 11 |
| (g) Whenever a defendant is convicted of an offense under | 12 |
| Sections
11-14, 11-15, 11-15.1, 11-16, 11-17, 11-18, 11-18.1, | 13 |
| 11-19, 11-19.1, 11-19.2,
12-13, 12-14, 12-14.1, 12-15 or 12-16 | 14 |
| of the Criminal Code of 1961,
the defendant shall undergo | 15 |
| medical testing to
determine whether the defendant has any | 16 |
| sexually transmissible disease,
including a test for infection | 17 |
| with human immunodeficiency virus (HIV) or
any other identified | 18 |
| causative agent of acquired immunodeficiency syndrome
(AIDS). | 19 |
| Any such medical test shall be performed only by appropriately
| 20 |
| licensed medical practitioners and may include an analysis of | 21 |
| any bodily
fluids as well as an examination of the defendant's | 22 |
| person.
Except as otherwise provided by law, the results of | 23 |
| such test shall be kept
strictly confidential by all medical | 24 |
| personnel involved in the testing and must
be personally | 25 |
| delivered in a sealed envelope to the judge of the court in | 26 |
| which
the conviction was entered for the judge's inspection in | 27 |
| camera. Acting in
accordance with the best interests of the | 28 |
| victim and the public, the judge
shall have the discretion to | 29 |
| determine to whom, if anyone, the results of the
testing may be | 30 |
| revealed. The court shall notify the defendant
of the test | 31 |
| results. The court shall
also notify the victim if requested by | 32 |
| the victim, and if the victim is under
the age of 15 and if | 33 |
| requested by the victim's parents or legal guardian, the
court | 34 |
| shall notify the victim's parents or legal guardian of the test
| 35 |
| results.
The court shall provide information on the | 36 |
| availability of HIV testing
and counseling at Department of |
|
|
|
SB2962 Enrolled |
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LRB094 18882 RLC 54326 b |
|
| 1 |
| Public Health facilities to all parties to
whom the results of | 2 |
| the testing are revealed and shall direct the State's
Attorney | 3 |
| to provide the information to the victim when possible.
A | 4 |
| State's Attorney may petition the court to obtain the results | 5 |
| of any HIV test
administered under this Section, and the court | 6 |
| shall grant the disclosure if
the State's Attorney shows it is | 7 |
| relevant in order to prosecute a charge of
criminal | 8 |
| transmission of HIV under Section 12-16.2 of the Criminal Code | 9 |
| of 1961
against the defendant. The court shall order that the | 10 |
| cost of any such test
shall be paid by the county and may be | 11 |
| taxed as costs against the convicted
defendant.
| 12 |
| (g-5) When an inmate is tested for an airborne communicable | 13 |
| disease, as
determined by the Illinois Department of Public | 14 |
| Health including but not
limited to tuberculosis, the results | 15 |
| of the test shall be
personally delivered by the warden or his | 16 |
| or her designee in a sealed envelope
to the judge of the court | 17 |
| in which the inmate must appear for the judge's
inspection in | 18 |
| camera if requested by the judge. Acting in accordance with the
| 19 |
| best interests of those in the courtroom, the judge shall have | 20 |
| the discretion
to determine what if any precautions need to be | 21 |
| taken to prevent transmission
of the disease in the courtroom.
| 22 |
| (h) Whenever a defendant is convicted of an offense under | 23 |
| Section 1 or 2
of the Hypodermic Syringes and Needles Act, the | 24 |
| defendant shall undergo
medical testing to determine whether | 25 |
| the defendant has been exposed to human
immunodeficiency virus | 26 |
| (HIV) or any other identified causative agent of
acquired | 27 |
| immunodeficiency syndrome (AIDS). Except as otherwise provided | 28 |
| by
law, the results of such test shall be kept strictly | 29 |
| confidential by all
medical personnel involved in the testing | 30 |
| and must be personally delivered in a
sealed envelope to the | 31 |
| judge of the court in which the conviction was entered
for the | 32 |
| judge's inspection in camera. Acting in accordance with the | 33 |
| best
interests of the public, the judge shall have the | 34 |
| discretion to determine to
whom, if anyone, the results of the | 35 |
| testing may be revealed. The court shall
notify the defendant | 36 |
| of a positive test showing an infection with the human
|
|
|
|
SB2962 Enrolled |
- 17 - |
LRB094 18882 RLC 54326 b |
|
| 1 |
| immunodeficiency virus (HIV). The court shall provide | 2 |
| information on the
availability of HIV testing and counseling | 3 |
| at Department of Public Health
facilities to all parties to | 4 |
| whom the results of the testing are revealed and
shall direct | 5 |
| the State's Attorney to provide the information to the victim | 6 |
| when
possible. A State's Attorney may petition the court to | 7 |
| obtain the results of
any HIV test administered under this | 8 |
| Section, and the court shall grant the
disclosure if the | 9 |
| State's Attorney shows it is relevant in order to prosecute a
| 10 |
| charge of criminal transmission of HIV under Section 12-16.2 of | 11 |
| the Criminal
Code of 1961 against the defendant. The court | 12 |
| shall order that the cost of any
such test shall be paid by the | 13 |
| county and may be taxed as costs against the
convicted | 14 |
| defendant.
| 15 |
| (i) All fines and penalties imposed under this Section for | 16 |
| any violation
of Chapters 3, 4, 6, and 11 of the Illinois | 17 |
| Vehicle Code, or a similar
provision of a local ordinance, and | 18 |
| any violation
of the Child Passenger Protection Act, or a | 19 |
| similar provision of a local
ordinance, shall be collected and | 20 |
| disbursed by the circuit
clerk as provided under Section 27.5 | 21 |
| of the Clerks of Courts Act.
| 22 |
| (j) In cases when prosecution for any violation of Section | 23 |
| 11-6, 11-8,
11-9, 11-11, 11-14, 11-15, 11-15.1, 11-16, 11-17, | 24 |
| 11-17.1, 11-18, 11-18.1,
11-19, 11-19.1, 11-19.2, 11-20.1, | 25 |
| 11-21, 12-13, 12-14, 12-14.1, 12-15, or
12-16 of the
Criminal | 26 |
| Code of 1961, any violation of the Illinois Controlled | 27 |
| Substances Act,
any violation of the Cannabis Control Act, or | 28 |
| any violation of the Methamphetamine Control and Community | 29 |
| Protection Act results in conviction, a
disposition of court | 30 |
| supervision, or an order of probation granted under
Section 10 | 31 |
| of the Cannabis Control Act, Section 410 of the Illinois
| 32 |
| Controlled Substance Act, or Section 70 of the Methamphetamine | 33 |
| Control and Community Protection Act of a defendant, the court | 34 |
| shall determine whether the
defendant is employed by a facility | 35 |
| or center as defined under the Child Care
Act of 1969, a public | 36 |
| or private elementary or secondary school, or otherwise
works |
|
|
|
SB2962 Enrolled |
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LRB094 18882 RLC 54326 b |
|
| 1 |
| with children under 18 years of age on a daily basis. When a | 2 |
| defendant
is so employed, the court shall order the Clerk of | 3 |
| the Court to send a copy of
the judgment of conviction or order | 4 |
| of supervision or probation to the
defendant's employer by | 5 |
| certified mail.
If the employer of the defendant is a school, | 6 |
| the Clerk of the Court shall
direct the mailing of a copy of | 7 |
| the judgment of conviction or order of
supervision or probation | 8 |
| to the appropriate regional superintendent of schools.
The | 9 |
| regional superintendent of schools shall notify the State Board | 10 |
| of
Education of any notification under this subsection.
| 11 |
| (j-5) A defendant at least 17 years of age who is convicted | 12 |
| of a felony and
who has not been previously convicted of a | 13 |
| misdemeanor or felony and who is
sentenced to a term of | 14 |
| imprisonment in the Illinois Department of Corrections
shall as | 15 |
| a condition of his or her sentence be required by the court to | 16 |
| attend
educational courses designed to prepare the defendant | 17 |
| for a high school diploma
and to work toward a high school | 18 |
| diploma or to work toward passing the high
school level Test of | 19 |
| General Educational Development (GED) or to work toward
| 20 |
| completing a vocational training program offered by the | 21 |
| Department of
Corrections. If a defendant fails to complete the | 22 |
| educational training
required by his or her sentence during the | 23 |
| term of incarceration, the Prisoner
Review Board shall, as a | 24 |
| condition of mandatory supervised release, require the
| 25 |
| defendant, at his or her own expense, to pursue a course of | 26 |
| study toward a high
school diploma or passage of the GED test. | 27 |
| The Prisoner Review Board shall
revoke the mandatory supervised | 28 |
| release of a defendant who wilfully fails to
comply with this | 29 |
| subsection (j-5) upon his or her release from confinement in a
| 30 |
| penal institution while serving a mandatory supervised release | 31 |
| term; however,
the inability of the defendant after making a | 32 |
| good faith effort to obtain
financial aid or pay for the | 33 |
| educational training shall not be deemed a wilful
failure to | 34 |
| comply. The Prisoner Review Board shall recommit the defendant
| 35 |
| whose mandatory supervised release term has been revoked under | 36 |
| this subsection
(j-5) as provided in Section 3-3-9. This |
|
|
|
SB2962 Enrolled |
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LRB094 18882 RLC 54326 b |
|
| 1 |
| subsection (j-5) does not apply to a
defendant who has a high | 2 |
| school diploma or has successfully passed the GED
test. This | 3 |
| subsection (j-5) does not apply to a defendant who is | 4 |
| determined by
the court to be developmentally disabled or | 5 |
| otherwise mentally incapable of
completing the educational or | 6 |
| vocational program.
| 7 |
| (k) A court may not impose a sentence or disposition for a
| 8 |
| felony or misdemeanor that requires the defendant to be | 9 |
| implanted or injected
with or to use any form of birth control.
| 10 |
| (l) (A) Except as provided
in paragraph (C) of subsection | 11 |
| (l), whenever a defendant,
who is an alien as defined by | 12 |
| the Immigration and Nationality Act, is convicted
of any | 13 |
| felony or misdemeanor offense, the court after sentencing | 14 |
| the defendant
may, upon motion of the State's Attorney, | 15 |
| hold sentence in abeyance and remand
the defendant to the | 16 |
| custody of the Attorney General of
the United States or his | 17 |
| or her designated agent to be deported when:
| 18 |
| (1) a final order of deportation has been issued | 19 |
| against the defendant
pursuant to proceedings under | 20 |
| the Immigration and Nationality Act, and
| 21 |
| (2) the deportation of the defendant would not | 22 |
| deprecate the seriousness
of the defendant's conduct | 23 |
| and would not be inconsistent with the ends of
justice.
| 24 |
| Otherwise, the defendant shall be sentenced as | 25 |
| provided in this Chapter V.
| 26 |
| (B) If the defendant has already been sentenced for a | 27 |
| felony or
misdemeanor
offense, or has been placed on | 28 |
| probation under Section 10 of the Cannabis
Control Act,
| 29 |
| Section 410 of the Illinois Controlled Substances Act, or | 30 |
| Section 70 of the Methamphetamine Control and Community | 31 |
| Protection Act, the court
may, upon motion of the State's | 32 |
| Attorney to suspend the
sentence imposed, commit the | 33 |
| defendant to the custody of the Attorney General
of the | 34 |
| United States or his or her designated agent when:
| 35 |
| (1) a final order of deportation has been issued | 36 |
| against the defendant
pursuant to proceedings under |
|
|
|
SB2962 Enrolled |
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LRB094 18882 RLC 54326 b |
|
| 1 |
| the Immigration and Nationality Act, and
| 2 |
| (2) the deportation of the defendant would not | 3 |
| deprecate the seriousness
of the defendant's conduct | 4 |
| and would not be inconsistent with the ends of
justice.
| 5 |
| (C) This subsection (l) does not apply to offenders who | 6 |
| are subject to the
provisions of paragraph (2) of | 7 |
| subsection (a) of Section 3-6-3.
| 8 |
| (D) Upon motion of the State's Attorney, if a defendant | 9 |
| sentenced under
this Section returns to the jurisdiction of | 10 |
| the United States, the defendant
shall be recommitted to | 11 |
| the custody of the county from which he or she was
| 12 |
| sentenced.
Thereafter, the defendant shall be brought | 13 |
| before the sentencing court, which
may impose any sentence | 14 |
| that was available under Section 5-5-3 at the time of
| 15 |
| initial sentencing. In addition, the defendant shall not be | 16 |
| eligible for
additional good conduct credit for | 17 |
| meritorious service as provided under
Section 3-6-6.
| 18 |
| (m) A person convicted of criminal defacement of property | 19 |
| under Section
21-1.3 of the Criminal Code of 1961, in which the | 20 |
| property damage exceeds $300
and the property damaged is a | 21 |
| school building, shall be ordered to perform
community service | 22 |
| that may include cleanup, removal, or painting over the
| 23 |
| defacement.
| 24 |
| (n) The court may sentence a person convicted of a | 25 |
| violation of Section
12-19, 12-21, or 16-1.3 of the Criminal | 26 |
| Code of 1961 (i) to an impact
incarceration program if the | 27 |
| person is otherwise eligible for that program
under Section | 28 |
| 5-8-1.1, (ii) to community service, or (iii) if the person is | 29 |
| an
addict or alcoholic, as defined in the Alcoholism and Other | 30 |
| Drug Abuse and
Dependency Act, to a substance or alcohol abuse | 31 |
| program licensed under that
Act. | 32 |
| (o) Whenever a person is convicted of a sex offense as | 33 |
| defined in Section 2 of the Sex Offender Registration Act, the | 34 |
| defendant's driver's license or permit shall be subject to | 35 |
| renewal on an annual basis in accordance with the provisions of | 36 |
| license renewal established by the Secretary of State.
|
|
|
|
SB2962 Enrolled |
- 21 - |
LRB094 18882 RLC 54326 b |
|
| 1 |
| (Source: P.A. 93-44, eff. 7-1-03; 93-156, eff. 1-1-04; 93-169, | 2 |
| eff. 7-10-03; 93-301, eff. 1-1-04; 93-419, eff. 1-1-04; 93-546, | 3 |
| eff. 1-1-04; 93-694, eff. 7-9-04; 93-782, eff. 1-1-05; 93-800, | 4 |
| eff. 1-1-05; 93-1014, eff. 1-1-05; 94-72, eff. 1-1-06; 94-556, | 5 |
| eff. 9-11-05; revised 8-19-05.)
| 6 |
| Section 99. Effective date. This Act takes effect on | 7 |
| January 1, 2007.
|
|