Illinois General Assembly - Full Text of HB5229
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Full Text of HB5229  95th General Assembly

HB5229 95TH GENERAL ASSEMBLY


 


 
95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
HB5229

 

Introduced , by Rep. Elizabeth Hernandez

 

SYNOPSIS AS INTRODUCED:
 
705 ILCS 405/5-710
730 ILCS 5/5-5-3   from Ch. 38, par. 1005-5-3

    Amends the Juvenile Court Act of 1987 and the Unified Code of Corrections. Provides that in addition to any term of imprisonment that may be imposed by the court, a gang member under 21 years of age who has been convicted of or placed on supervision for a gang-related offense and who has not previously been convicted of or placed on supervision for a gang-related offense shall, upon completion of any term of imprisonment, be required: (i) to perform community service, the type and number of hours of community service to be determined by the court; (ii) if the gang member does not have a high school diploma or a GED certificate, to attend and complete educational courses designed to prepare the gang member to pass the high school level Test of General Educational Development (GED), or if the gang member is enrolled in high school to complete high school and attain a high school diploma; and (iii) to comply with a curfew (A) between 10:00 p.m. on Friday and 6:00 a.m. on Saturday; (B) between 10:00 p.m. on Saturday and 6:00 a.m. on Sunday; and (C) between 9:00 p.m. on Sunday to Thursday, inclusive, and 6:00 a.m. on the following day.


LRB095 18128 RLC 44211 b

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB5229 LRB095 18128 RLC 44211 b

1     AN ACT concerning criminal law.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 5. The Juvenile Court Act of 1987 is amended by
5 changing Section 5-710 as follows:
 
6     (705 ILCS 405/5-710)
7     (Text of Section after amendment by P.A. 95-337 and 95-642)
8     Sec. 5-710. Kinds of sentencing orders.
9     (1) The following kinds of sentencing orders may be made in
10 respect of wards of the court:
11         (a) Except as provided in Sections 5-805, 5-810, 5-815,
12     a minor who is found guilty under Section 5-620 may be:
13             (i) put on probation or conditional discharge and
14         released to his or her parents, guardian or legal
15         custodian, provided, however, that any such minor who
16         is not committed to the Department of Juvenile Justice
17         under this subsection and who is found to be a
18         delinquent for an offense which is first degree murder,
19         a Class X felony, or a forcible felony shall be placed
20         on probation;
21             (ii) placed in accordance with Section 5-740, with
22         or without also being put on probation or conditional
23         discharge;

 

 

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1             (iii) required to undergo a substance abuse
2         assessment conducted by a licensed provider and
3         participate in the indicated clinical level of care;
4             (iv) placed in the guardianship of the Department
5         of Children and Family Services, but only if the
6         delinquent minor is under 15 years of age or, pursuant
7         to Article II of this Act, a minor for whom an
8         independent basis of abuse, neglect, or dependency
9         exists. An independent basis exists when the
10         allegations or adjudication of abuse, neglect, or
11         dependency do not arise from the same facts, incident,
12         or circumstances which give rise to a charge or
13         adjudication of delinquency;
14             (v) placed in detention for a period not to exceed
15         30 days, either as the exclusive order of disposition
16         or, where appropriate, in conjunction with any other
17         order of disposition issued under this paragraph,
18         provided that any such detention shall be in a juvenile
19         detention home and the minor so detained shall be 10
20         years of age or older. However, the 30-day limitation
21         may be extended by further order of the court for a
22         minor under age 15 committed to the Department of
23         Children and Family Services if the court finds that
24         the minor is a danger to himself or others. The minor
25         shall be given credit on the sentencing order of
26         detention for time spent in detention under Sections

 

 

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1         5-501, 5-601, 5-710, or 5-720 of this Article as a
2         result of the offense for which the sentencing order
3         was imposed. The court may grant credit on a sentencing
4         order of detention entered under a violation of
5         probation or violation of conditional discharge under
6         Section 5-720 of this Article for time spent in
7         detention before the filing of the petition alleging
8         the violation. A minor shall not be deprived of credit
9         for time spent in detention before the filing of a
10         violation of probation or conditional discharge
11         alleging the same or related act or acts;
12             (vi) ordered partially or completely emancipated
13         in accordance with the provisions of the Emancipation
14         of Minors Act;
15             (vii) subject to having his or her driver's license
16         or driving privileges suspended for such time as
17         determined by the court but only until he or she
18         attains 18 years of age;
19             (viii) put on probation or conditional discharge
20         and placed in detention under Section 3-6039 of the
21         Counties Code for a period not to exceed the period of
22         incarceration permitted by law for adults found guilty
23         of the same offense or offenses for which the minor was
24         adjudicated delinquent, and in any event no longer than
25         upon attainment of age 21; this subdivision (viii)
26         notwithstanding any contrary provision of the law; or

 

 

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1             (ix) ordered to undergo a medical or other
2         procedure to have a tattoo symbolizing allegiance to a
3         street gang removed from his or her body.
4         (b) A minor found to be guilty may be committed to the
5     Department of Juvenile Justice under Section 5-750 if the
6     minor is 13 years of age or older, provided that the
7     commitment to the Department of Juvenile Justice shall be
8     made only if a term of incarceration is permitted by law
9     for adults found guilty of the offense for which the minor
10     was adjudicated delinquent. The time during which a minor
11     is in custody before being released upon the request of a
12     parent, guardian or legal custodian shall be considered as
13     time spent in detention.
14         (c) When a minor is found to be guilty for an offense
15     which is a violation of the Illinois Controlled Substances
16     Act, the Cannabis Control Act, or the Methamphetamine
17     Control and Community Protection Act and made a ward of the
18     court, the court may enter a disposition order requiring
19     the minor to undergo assessment, counseling or treatment in
20     a substance abuse program approved by the Department of
21     Human Services.
22     (2) Any sentencing order other than commitment to the
23 Department of Juvenile Justice may provide for protective
24 supervision under Section 5-725 and may include an order of
25 protection under Section 5-730.
26     (3) Unless the sentencing order expressly so provides, it

 

 

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1 does not operate to close proceedings on the pending petition,
2 but is subject to modification until final closing and
3 discharge of the proceedings under Section 5-750.
4     (4) In addition to any other sentence, the court may order
5 any minor found to be delinquent to make restitution, in
6 monetary or non-monetary form, under the terms and conditions
7 of Section 5-5-6 of the Unified Code of Corrections, except
8 that the "presentencing hearing" referred to in that Section
9 shall be the sentencing hearing for purposes of this Section.
10 The parent, guardian or legal custodian of the minor may be
11 ordered by the court to pay some or all of the restitution on
12 the minor's behalf, pursuant to the Parental Responsibility
13 Law. The State's Attorney is authorized to act on behalf of any
14 victim in seeking restitution in proceedings under this
15 Section, up to the maximum amount allowed in Section 5 of the
16 Parental Responsibility Law.
17     (5) Any sentencing order where the minor is committed or
18 placed in accordance with Section 5-740 shall provide for the
19 parents or guardian of the estate of the minor to pay to the
20 legal custodian or guardian of the person of the minor such
21 sums as are determined by the custodian or guardian of the
22 person of the minor as necessary for the minor's needs. The
23 payments may not exceed the maximum amounts provided for by
24 Section 9.1 of the Children and Family Services Act.
25     (6) Whenever the sentencing order requires the minor to
26 attend school or participate in a program of training, the

 

 

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1 truant officer or designated school official shall regularly
2 report to the court if the minor is a chronic or habitual
3 truant under Section 26-2a of the School Code.
4     (7) In no event shall a guilty minor be committed to the
5 Department of Juvenile Justice for a period of time in excess
6 of that period for which an adult could be committed for the
7 same act.
8     (8) A minor found to be guilty for reasons that include a
9 violation of Section 21-1.3 of the Criminal Code of 1961 shall
10 be ordered to perform community service for not less than 30
11 and not more than 120 hours, if community service is available
12 in the jurisdiction. The community service shall include, but
13 need not be limited to, the cleanup and repair of the damage
14 that was caused by the violation or similar damage to property
15 located in the municipality or county in which the violation
16 occurred. The order may be in addition to any other order
17 authorized by this Section.
18     (8.5) A minor found to be guilty for reasons that include a
19 violation of Section 3.02 or Section 3.03 of the Humane Care
20 for Animals Act or paragraph (d) of subsection (1) of Section
21 21-1 of the Criminal Code of 1961 shall be ordered to undergo
22 medical or psychiatric treatment rendered by a psychiatrist or
23 psychological treatment rendered by a clinical psychologist.
24 The order may be in addition to any other order authorized by
25 this Section.
26     (9) In addition to any other sentencing order, the court

 

 

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1 shall order any minor found to be guilty for an act which would
2 constitute, predatory criminal sexual assault of a child,
3 aggravated criminal sexual assault, criminal sexual assault,
4 aggravated criminal sexual abuse, or criminal sexual abuse if
5 committed by an adult to undergo medical testing to determine
6 whether the defendant has any sexually transmissible disease
7 including a test for infection with human immunodeficiency
8 virus (HIV) or any other identified causative agency of
9 acquired immunodeficiency syndrome (AIDS). Any medical test
10 shall be performed only by appropriately licensed medical
11 practitioners and may include an analysis of any bodily fluids
12 as well as an examination of the minor's person. Except as
13 otherwise provided by law, the results of the test shall be
14 kept strictly confidential by all medical personnel involved in
15 the testing and must be personally delivered in a sealed
16 envelope to the judge of the court in which the sentencing
17 order was entered for the judge's inspection in camera. Acting
18 in accordance with the best interests of the victim and the
19 public, the judge shall have the discretion to determine to
20 whom the results of the testing may be revealed. The court
21 shall notify the minor of the results of the test for infection
22 with the human immunodeficiency virus (HIV). The court shall
23 also notify the victim if requested by the victim, and if the
24 victim is under the age of 15 and if requested by the victim's
25 parents or legal guardian, the court shall notify the victim's
26 parents or the legal guardian, of the results of the test for

 

 

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1 infection with the human immunodeficiency virus (HIV). The
2 court shall provide information on the availability of HIV
3 testing and counseling at the Department of Public Health
4 facilities to all parties to whom the results of the testing
5 are revealed. The court shall order that the cost of any test
6 shall be paid by the county and may be taxed as costs against
7 the minor.
8     (10) When a court finds a minor to be guilty the court
9 shall, before entering a sentencing order under this Section,
10 make a finding whether the offense committed either: (a) was
11 related to or in furtherance of the criminal activities of an
12 organized gang or was motivated by the minor's membership in or
13 allegiance to an organized gang, or (b) involved a violation of
14 subsection (a) of Section 12-7.1 of the Criminal Code of 1961,
15 a violation of any Section of Article 24 of the Criminal Code
16 of 1961, or a violation of any statute that involved the
17 wrongful use of a firearm. If the court determines the question
18 in the affirmative, and the court does not commit the minor to
19 the Department of Juvenile Justice, the court shall order the
20 minor to perform community service for not less than 30 hours
21 nor more than 120 hours, provided that community service is
22 available in the jurisdiction and is funded and approved by the
23 county board of the county where the offense was committed. The
24 community service shall include, but need not be limited to,
25 the cleanup and repair of any damage caused by a violation of
26 Section 21-1.3 of the Criminal Code of 1961 and similar damage

 

 

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1 to property located in the municipality or county in which the
2 violation occurred. When possible and reasonable, the
3 community service shall be performed in the minor's
4 neighborhood. This order shall be in addition to any other
5 order authorized by this Section except for an order to place
6 the minor in the custody of the Department of Juvenile Justice.
7 For the purposes of this Section, "organized gang" has the
8 meaning ascribed to it in Section 10 of the Illinois Streetgang
9 Terrorism Omnibus Prevention Act.
10     (11) If the court determines that the offense was committed
11 in furtherance of the criminal activities of an organized gang,
12 as provided in subsection (10), and that the offense involved
13 the operation or use of a motor vehicle or the use of a
14 driver's license or permit, the court shall notify the
15 Secretary of State of that determination and of the period for
16 which the minor shall be denied driving privileges. If, at the
17 time of the determination, the minor does not hold a driver's
18 license or permit, the court shall provide that the minor shall
19 not be issued a driver's license or permit until his or her
20 18th birthday. If the minor holds a driver's license or permit
21 at the time of the determination, the court shall provide that
22 the minor's driver's license or permit shall be revoked until
23 his or her 21st birthday, or until a later date or occurrence
24 determined by the court. If the minor holds a driver's license
25 at the time of the determination, the court may direct the
26 Secretary of State to issue the minor a judicial driving

 

 

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1 permit, also known as a JDP. The JDP shall be subject to the
2 same terms as a JDP issued under Section 6-206.1 of the
3 Illinois Vehicle Code, except that the court may direct that
4 the JDP be effective immediately.
5     (12) In addition to any term of incarceration that may be
6 imposed by the court, a gang member who is a minor who has been
7 found guilty of or continued under supervision for a
8 gang-related offense and who has not previously been been found
9 guilty of or continued under supervision for a gang-related
10 offense shall, upon completion of any term of incarceration, be
11 required: (i) to perform community service, the type and number
12 of hours of community service to be determined by the court;
13 (ii) if the gang member does not have a high school diploma or
14 a GED certificate, to attend and complete educational courses
15 designed to prepare the gang member to pass the high school
16 level Test of General Educational Development (GED), or if the
17 gang member is enrolled in high school to complete high school
18 and attain a high school diploma; and (iii) to comply with a
19 curfew (A) between 10:00 p.m. on Friday and 6:00 a.m. on
20 Saturday; (B) between 10:00 p.m. on Saturday and 6:00 a.m. on
21 Sunday; and (C) between 9:00 p.m. on Sunday to Thursday,
22 inclusive, and 6:00 a.m. on the following day. The court shall
23 inform the local law enforcement agency of the jurisdiction
24 where the gang member resides after completion of any term of
25 imprisonment of the curfew imposed on the gang member and shall
26 order that the law enforcement agency conduct random monitoring

 

 

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1 of the gang member to ensure compliance with the curfew
2 requirements. For the purposes of this paragraph (12), "gang
3 member" and "gang-related" have the meanings ascribed to them
4 in Section 10 of the Illinois Streetgang Terrorism Omnibus
5 Prevention Act.
6 (Source: P.A. 94-556, eff. 9-11-05; 94-696, eff. 6-1-06;
7 95-337, eff. 6-1-08; 95-642, eff. 6-1-08; revised 11-19-07.)
 
8     Section 10. The Unified Code of Corrections is amended by
9 changing Section 5-5-3 as follows:
 
10     (730 ILCS 5/5-5-3)  (from Ch. 38, par. 1005-5-3)
11     (Text of Section after amendment by P.A. 95-579)
12     Sec. 5-5-3. Disposition.
13     (a) Except as provided in Section 11-501 of the Illinois
14 Vehicle Code, every person convicted of an offense shall be
15 sentenced as provided in this Section.
16     (b) The following options shall be appropriate
17 dispositions, alone or in combination, for all felonies and
18 misdemeanors other than those identified in subsection (c) of
19 this Section:
20         (1) A period of probation.
21         (2) A term of periodic imprisonment.
22         (3) A term of conditional discharge.
23         (4) A term of imprisonment.
24         (5) An order directing the offender to clean up and

 

 

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1     repair the damage, if the offender was convicted under
2     paragraph (h) of Section 21-1 of the Criminal Code of 1961
3     (now repealed).
4         (6) A fine.
5         (7) An order directing the offender to make restitution
6     to the victim under Section 5-5-6 of this Code.
7         (8) A sentence of participation in a county impact
8     incarceration program under Section 5-8-1.2 of this Code.
9         (9) A term of imprisonment in combination with a term
10     of probation when the offender has been admitted into a
11     drug court program under Section 20 of the Drug Court
12     Treatment Act.
13     Neither a fine nor restitution shall be the sole
14 disposition for a felony and either or both may be imposed only
15 in conjunction with another disposition.
16     (c) (1) When a defendant is found guilty of first degree
17     murder the State may either seek a sentence of imprisonment
18     under Section 5-8-1 of this Code, or where appropriate seek
19     a sentence of death under Section 9-1 of the Criminal Code
20     of 1961.
21         (2) A period of probation, a term of periodic
22     imprisonment or conditional discharge shall not be imposed
23     for the following offenses. The court shall sentence the
24     offender to not less than the minimum term of imprisonment
25     set forth in this Code for the following offenses, and may
26     order a fine or restitution or both in conjunction with

 

 

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1     such term of imprisonment:
2             (A) First degree murder where the death penalty is
3         not imposed.
4             (B) Attempted first degree murder.
5             (C) A Class X felony.
6             (D) A violation of Section 401.1 or 407 of the
7         Illinois Controlled Substances Act, or a violation of
8         subdivision (c)(1), (c)(1.5), or (c)(2) of Section 401
9         of that Act which relates to more than 5 grams of a
10         substance containing heroin, cocaine, fentanyl, or an
11         analog thereof.
12             (E) A violation of Section 5.1 or 9 of the Cannabis
13         Control Act.
14             (F) A Class 2 or greater felony if the offender had
15         been convicted of a Class 2 or greater felony within 10
16         years of the date on which the offender committed the
17         offense for which he or she is being sentenced, except
18         as otherwise provided in Section 40-10 of the
19         Alcoholism and Other Drug Abuse and Dependency Act.
20             (F-5) A violation of Section 24-1, 24-1.1, or
21         24-1.6 of the Criminal Code of 1961 for which
22         imprisonment is prescribed in those Sections.
23             (G) Residential burglary, except as otherwise
24         provided in Section 40-10 of the Alcoholism and Other
25         Drug Abuse and Dependency Act.
26             (H) Criminal sexual assault.

 

 

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1             (I) Aggravated battery of a senior citizen.
2             (J) A forcible felony if the offense was related to
3         the activities of an organized gang.
4             Before July 1, 1994, for the purposes of this
5         paragraph, "organized gang" means an association of 5
6         or more persons, with an established hierarchy, that
7         encourages members of the association to perpetrate
8         crimes or provides support to the members of the
9         association who do commit crimes.
10             Beginning July 1, 1994, for the purposes of this
11         paragraph, "organized gang" has the meaning ascribed
12         to it in Section 10 of the Illinois Streetgang
13         Terrorism Omnibus Prevention Act.
14             (K) Vehicular hijacking.
15             (L) A second or subsequent conviction for the
16         offense of hate crime when the underlying offense upon
17         which the hate crime is based is felony aggravated
18         assault or felony mob action.
19             (M) A second or subsequent conviction for the
20         offense of institutional vandalism if the damage to the
21         property exceeds $300.
22             (N) A Class 3 felony violation of paragraph (1) of
23         subsection (a) of Section 2 of the Firearm Owners
24         Identification Card Act.
25             (O) A violation of Section 12-6.1 of the Criminal
26         Code of 1961.

 

 

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1             (P) A violation of paragraph (1), (2), (3), (4),
2         (5), or (7) of subsection (a) of Section 11-20.1 of the
3         Criminal Code of 1961.
4             (Q) A violation of Section 20-1.2 or 20-1.3 of the
5         Criminal Code of 1961.
6             (R) A violation of Section 24-3A of the Criminal
7         Code of 1961.
8             (S) (Blank).
9             (T) A second or subsequent violation of the
10         Methamphetamine Control and Community Protection Act.
11             (U) A second or subsequent violation of Section
12         6-303 of the Illinois Vehicle Code committed while his
13         or her driver's license, permit, or privilege was
14         revoked because of a violation of Section 9-3 of the
15         Criminal Code of 1961, relating to the offense of
16         reckless homicide, or a similar provision of a law of
17         another state.
18             (V) (U) A violation of paragraph (4) of subsection
19         (c) of Section 11-20.3 of the Criminal Code of 1961.
20         (3) (Blank).
21         (4) A minimum term of imprisonment of not less than 10
22     consecutive days or 30 days of community service shall be
23     imposed for a violation of paragraph (c) of Section 6-303
24     of the Illinois Vehicle Code.
25         (4.1) (Blank).
26         (4.2) Except as provided in paragraphs (4.3) and (4.8)

 

 

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1     of this subsection (c), a minimum of 100 hours of community
2     service shall be imposed for a second violation of Section
3     6-303 of the Illinois Vehicle Code.
4         (4.3) A minimum term of imprisonment of 30 days or 300
5     hours of community service, as determined by the court,
6     shall be imposed for a second violation of subsection (c)
7     of Section 6-303 of the Illinois Vehicle Code.
8         (4.4) Except as provided in paragraphs (4.5), (4.6),
9     and (4.9) of this subsection (c), a minimum term of
10     imprisonment of 30 days or 300 hours of community service,
11     as determined by the court, shall be imposed for a third or
12     subsequent violation of Section 6-303 of the Illinois
13     Vehicle Code.
14         (4.5) A minimum term of imprisonment of 30 days shall
15     be imposed for a third violation of subsection (c) of
16     Section 6-303 of the Illinois Vehicle Code.
17         (4.6) Except as provided in paragraph (4.10) of this
18     subsection (c), a minimum term of imprisonment of 180 days
19     shall be imposed for a fourth or subsequent violation of
20     subsection (c) of Section 6-303 of the Illinois Vehicle
21     Code.
22         (4.7) A minimum term of imprisonment of not less than
23     30 consecutive days, or 300 hours of community service,
24     shall be imposed for a violation of subsection (a-5) of
25     Section 6-303 of the Illinois Vehicle Code, as provided in
26     subsection (b-5) of that Section.

 

 

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1         (4.8) A mandatory prison sentence shall be imposed for
2     a second violation of subsection (a-5) of Section 6-303 of
3     the Illinois Vehicle Code, as provided in subsection (c-5)
4     of that Section. The person's driving privileges shall be
5     revoked for a period of not less than 5 years from the date
6     of his or her release from prison.
7         (4.9) A mandatory prison sentence of not less than 4
8     and not more than 15 years shall be imposed for a third
9     violation of subsection (a-5) of Section 6-303 of the
10     Illinois Vehicle Code, as provided in subsection (d-2.5) of
11     that Section. The person's driving privileges shall be
12     revoked for the remainder of his or her life.
13         (4.10) A mandatory prison sentence for a Class 1 felony
14     shall be imposed, and the person shall be eligible for an
15     extended term sentence, for a fourth or subsequent
16     violation of subsection (a-5) of Section 6-303 of the
17     Illinois Vehicle Code, as provided in subsection (d-3.5) of
18     that Section. The person's driving privileges shall be
19     revoked for the remainder of his or her life.
20         (5) The court may sentence an offender convicted of a
21     business offense or a petty offense or a corporation or
22     unincorporated association convicted of any offense to:
23             (A) a period of conditional discharge;
24             (B) a fine;
25             (C) make restitution to the victim under Section
26         5-5-6 of this Code.

 

 

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

 

 

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

 

 

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

 

 

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1     indoor or outdoor playing field or recreational area where
2     sports activities are conducted; and "coach" means a person
3     recognized as a coach by the sanctioning authority that
4     conducted the sporting event.
5         (12) A person may not receive a disposition of court
6     supervision for a violation of Section 5-16 of the Boat
7     Registration and Safety Act if that person has previously
8     received a disposition of court supervision for a violation
9     of that Section.
10         (13) A person convicted of or placed on court
11     supervision for an assault or aggravated assault when the
12     victim and the offender are family or household members as
13     defined in Section 103 of the Illinois Domestic Violence
14     Act of 1986 or convicted of domestic battery or aggravated
15     domestic battery may be required to attend a Partner Abuse
16     Intervention Program under protocols set forth by the
17     Illinois Department of Human Services under such terms and
18     conditions imposed by the court. The costs of such classes
19     shall be paid by the offender.
20         (14) In addition to any term of imprisonment that may
21     be imposed by the court, a gang member under 21 years of
22     age who has been convicted of or placed on supervision for
23     a gang-related offense and who has not previously been
24     convicted of or placed on supervision for a gang-related
25     offense shall, upon completion of any term of imprisonment,
26     be required: (i) to perform community service, the type and

 

 

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1     number of hours of community service to be determined by
2     the court; (ii) if the gang member does not have a high
3     school diploma or a GED certificate, to attend and complete
4     educational courses designed to prepare the gang member to
5     pass the high school level Test of General Educational
6     Development (GED), or if the gang member is enrolled in
7     high school to complete high school and attain a high
8     school diploma; and (iii) to comply with a curfew (A)
9     between 10:00 p.m. on Friday and 6:00 a.m. on Saturday; (B)
10     between 10:00 p.m. on Saturday and 6:00 a.m. on Sunday; and
11     (C) between 9:00 p.m. on Sunday to Thursday, inclusive, and
12     6:00 a.m. on the following day. The court shall inform the
13     local law enforcement agency of the jurisdiction where the
14     gang member resides after completion of any term of
15     imprisonment of the curfew imposed on the gang member and
16     shall order that the law enforcement agency conduct random
17     monitoring of the gang member to ensure compliance with the
18     curfew requirements. For the purposes of this paragraph
19     (14), "gang member" and "gang-related" have the meanings
20     ascribed to them in Section 10 of the Illinois Streetgang
21     Terrorism Omnibus Prevention Act.
22     (d) In any case in which a sentence originally imposed is
23 vacated, the case shall be remanded to the trial court. The
24 trial court shall hold a hearing under Section 5-4-1 of the
25 Unified Code of Corrections which may include evidence of the
26 defendant's life, moral character and occupation during the

 

 

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1 time since the original sentence was passed. The trial court
2 shall then impose sentence upon the defendant. The trial court
3 may impose any sentence which could have been imposed at the
4 original trial subject to Section 5-5-4 of the Unified Code of
5 Corrections. If a sentence is vacated on appeal or on
6 collateral attack due to the failure of the trier of fact at
7 trial to determine beyond a reasonable doubt the existence of a
8 fact (other than a prior conviction) necessary to increase the
9 punishment for the offense beyond the statutory maximum
10 otherwise applicable, either the defendant may be re-sentenced
11 to a term within the range otherwise provided or, if the State
12 files notice of its intention to again seek the extended
13 sentence, the defendant shall be afforded a new trial.
14     (e) In cases where prosecution for aggravated criminal
15 sexual abuse under Section 12-16 of the Criminal Code of 1961
16 results in conviction of a defendant who was a family member of
17 the victim at the time of the commission of the offense, the
18 court shall consider the safety and welfare of the victim and
19 may impose a sentence of probation only where:
20         (1) the court finds (A) or (B) or both are appropriate:
21             (A) the defendant is willing to undergo a court
22         approved counseling program for a minimum duration of 2
23         years; or
24             (B) the defendant is willing to participate in a
25         court approved plan including but not limited to the
26         defendant's:

 

 

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1                 (i) removal from the household;
2                 (ii) restricted contact with the victim;
3                 (iii) continued financial support of the
4             family;
5                 (iv) restitution for harm done to the victim;
6             and
7                 (v) compliance with any other measures that
8             the court may deem appropriate; and
9         (2) the court orders the defendant to pay for the
10     victim's counseling services, to the extent that the court
11     finds, after considering the defendant's income and
12     assets, that the defendant is financially capable of paying
13     for such services, if the victim was under 18 years of age
14     at the time the offense was committed and requires
15     counseling as a result of the offense.
16     Probation may be revoked or modified pursuant to Section
17 5-6-4; except where the court determines at the hearing that
18 the defendant violated a condition of his or her probation
19 restricting contact with the victim or other family members or
20 commits another offense with the victim or other family
21 members, the court shall revoke the defendant's probation and
22 impose a term of imprisonment.
23     For the purposes of this Section, "family member" and
24 "victim" shall have the meanings ascribed to them in Section
25 12-12 of the Criminal Code of 1961.
26     (f) This Article shall not deprive a court in other

 

 

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1 proceedings to order a forfeiture of property, to suspend or
2 cancel a license, to remove a person from office, or to impose
3 any other civil penalty.
4     (g) Whenever a defendant is convicted of an offense under
5 Sections 11-14, 11-15, 11-15.1, 11-16, 11-17, 11-18, 11-18.1,
6 11-19, 11-19.1, 11-19.2, 12-13, 12-14, 12-14.1, 12-15 or 12-16
7 of the Criminal Code of 1961, the defendant shall undergo
8 medical testing to determine whether the defendant has any
9 sexually transmissible disease, including a test for infection
10 with human immunodeficiency virus (HIV) or any other identified
11 causative agent of acquired immunodeficiency syndrome (AIDS).
12 Any such medical test shall be performed only by appropriately
13 licensed medical practitioners and may include an analysis of
14 any bodily fluids as well as an examination of the defendant's
15 person. Except as otherwise provided by law, the results of
16 such test shall be kept strictly confidential by all medical
17 personnel involved in the testing and must be personally
18 delivered in a sealed envelope to the judge of the court in
19 which the conviction was entered for the judge's inspection in
20 camera. Acting in accordance with the best interests of the
21 victim and the public, the judge shall have the discretion to
22 determine to whom, if anyone, the results of the testing may be
23 revealed. The court shall notify the defendant of the test
24 results. The court shall also notify the victim if requested by
25 the victim, and if the victim is under the age of 15 and if
26 requested by the victim's parents or legal guardian, the court

 

 

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1 shall notify the victim's parents or legal guardian of the test
2 results. The court shall provide information on the
3 availability of HIV testing and counseling at Department of
4 Public Health facilities to all parties to whom the results of
5 the testing are revealed and shall direct the State's Attorney
6 to provide the information to the victim when possible. A
7 State's Attorney may petition the court to obtain the results
8 of any HIV test administered under this Section, and the court
9 shall grant the disclosure if the State's Attorney shows it is
10 relevant in order to prosecute a charge of criminal
11 transmission of HIV under Section 12-16.2 of the Criminal Code
12 of 1961 against the defendant. The court shall order that the
13 cost of any such test shall be paid by the county and may be
14 taxed as costs against the convicted defendant.
15     (g-5) When an inmate is tested for an airborne communicable
16 disease, as determined by the Illinois Department of Public
17 Health including but not limited to tuberculosis, the results
18 of the test shall be personally delivered by the warden or his
19 or her designee in a sealed envelope to the judge of the court
20 in which the inmate must appear for the judge's inspection in
21 camera if requested by the judge. Acting in accordance with the
22 best interests of those in the courtroom, the judge shall have
23 the discretion to determine what if any precautions need to be
24 taken to prevent transmission of the disease in the courtroom.
25     (h) Whenever a defendant is convicted of an offense under
26 Section 1 or 2 of the Hypodermic Syringes and Needles Act, the

 

 

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1 defendant shall undergo medical testing to determine whether
2 the defendant has been exposed to human immunodeficiency virus
3 (HIV) or any other identified causative agent of acquired
4 immunodeficiency syndrome (AIDS). Except as otherwise provided
5 by law, the results of such test shall be kept strictly
6 confidential by all medical personnel involved in the testing
7 and must be personally delivered in a sealed envelope to the
8 judge of the court in which the conviction was entered for the
9 judge's inspection in camera. Acting in accordance with the
10 best interests of the public, the judge shall have the
11 discretion to determine to whom, if anyone, the results of the
12 testing may be revealed. The court shall notify the defendant
13 of a positive test showing an infection with the human
14 immunodeficiency virus (HIV). The court shall provide
15 information on the availability of HIV testing and counseling
16 at Department of Public Health facilities to all parties to
17 whom the results of the testing are revealed and shall direct
18 the State's Attorney to provide the information to the victim
19 when possible. A State's Attorney may petition the court to
20 obtain the results of any HIV test administered under this
21 Section, and the court shall grant the disclosure if the
22 State's Attorney shows it is relevant in order to prosecute a
23 charge of criminal transmission of HIV under Section 12-16.2 of
24 the Criminal Code of 1961 against the defendant. The court
25 shall order that the cost of any such test shall be paid by the
26 county and may be taxed as costs against the convicted

 

 

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1 defendant.
2     (i) All fines and penalties imposed under this Section for
3 any violation of Chapters 3, 4, 6, and 11 of the Illinois
4 Vehicle Code, or a similar provision of a local ordinance, and
5 any violation of the Child Passenger Protection Act, or a
6 similar provision of a local ordinance, shall be collected and
7 disbursed by the circuit clerk as provided under Section 27.5
8 of the Clerks of Courts Act.
9     (j) In cases when prosecution for any violation of Section
10 11-6, 11-8, 11-9, 11-11, 11-14, 11-15, 11-15.1, 11-16, 11-17,
11 11-17.1, 11-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 11-20.1,
12 11-21, 12-13, 12-14, 12-14.1, 12-15, or 12-16 of the Criminal
13 Code of 1961, any violation of the Illinois Controlled
14 Substances Act, any violation of the Cannabis Control Act, or
15 any violation of the Methamphetamine Control and Community
16 Protection Act results in conviction, a disposition of court
17 supervision, or an order of probation granted under Section 10
18 of the Cannabis Control Act, Section 410 of the Illinois
19 Controlled Substance Act, or Section 70 of the Methamphetamine
20 Control and Community Protection Act of a defendant, the court
21 shall determine whether the defendant is employed by a facility
22 or center as defined under the Child Care Act of 1969, a public
23 or private elementary or secondary school, or otherwise works
24 with children under 18 years of age on a daily basis. When a
25 defendant is so employed, the court shall order the Clerk of
26 the Court to send a copy of the judgment of conviction or order

 

 

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1 of supervision or probation to the defendant's employer by
2 certified mail. If the employer of the defendant is a school,
3 the Clerk of the Court shall direct the mailing of a copy of
4 the judgment of conviction or order of supervision or probation
5 to the appropriate regional superintendent of schools. The
6 regional superintendent of schools shall notify the State Board
7 of Education of any notification under this subsection.
8     (j-5) A defendant at least 17 years of age who is convicted
9 of a felony and who has not been previously convicted of a
10 misdemeanor or felony and who is sentenced to a term of
11 imprisonment in the Illinois Department of Corrections shall as
12 a condition of his or her sentence be required by the court to
13 attend educational courses designed to prepare the defendant
14 for a high school diploma and to work toward a high school
15 diploma or to work toward passing the high school level Test of
16 General Educational Development (GED) or to work toward
17 completing a vocational training program offered by the
18 Department of Corrections. If a defendant fails to complete the
19 educational training required by his or her sentence during the
20 term of incarceration, the Prisoner Review Board shall, as a
21 condition of mandatory supervised release, require the
22 defendant, at his or her own expense, to pursue a course of
23 study toward a high school diploma or passage of the GED test.
24 The Prisoner Review Board shall revoke the mandatory supervised
25 release of a defendant who wilfully fails to comply with this
26 subsection (j-5) upon his or her release from confinement in a

 

 

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1 penal institution while serving a mandatory supervised release
2 term; however, the inability of the defendant after making a
3 good faith effort to obtain financial aid or pay for the
4 educational training shall not be deemed a wilful failure to
5 comply. The Prisoner Review Board shall recommit the defendant
6 whose mandatory supervised release term has been revoked under
7 this subsection (j-5) as provided in Section 3-3-9. This
8 subsection (j-5) does not apply to a defendant who has a high
9 school diploma or has successfully passed the GED test. This
10 subsection (j-5) does not apply to a defendant who is
11 determined by the court to be developmentally disabled or
12 otherwise mentally incapable of completing the educational or
13 vocational program.
14     (k) A court may not impose a sentence or disposition for a
15 felony or misdemeanor that requires the defendant to be
16 implanted or injected with or to use any form of birth control.
17     (l) (A) Except as provided in paragraph (C) of subsection
18     (l), whenever a defendant, who is an alien as defined by
19     the Immigration and Nationality Act, is convicted of any
20     felony or misdemeanor offense, the court after sentencing
21     the defendant may, upon motion of the State's Attorney,
22     hold sentence in abeyance and remand the defendant to the
23     custody of the Attorney General of the United States or his
24     or her designated agent to be deported when:
25             (1) a final order of deportation has been issued
26         against the defendant pursuant to proceedings under

 

 

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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         Otherwise, the defendant shall be sentenced as
6     provided in this Chapter V.
7         (B) If the defendant has already been sentenced for a
8     felony or misdemeanor offense, or has been placed on
9     probation under Section 10 of the Cannabis Control Act,
10     Section 410 of the Illinois Controlled Substances Act, or
11     Section 70 of the Methamphetamine Control and Community
12     Protection Act, the court may, upon motion of the State's
13     Attorney to suspend the sentence imposed, commit the
14     defendant to the custody of the Attorney General of the
15     United States or his or her designated agent when:
16             (1) a final order of deportation has been issued
17         against the defendant pursuant to proceedings under
18         the Immigration and Nationality Act, and
19             (2) the deportation of the defendant would not
20         deprecate the seriousness of the defendant's conduct
21         and would not be inconsistent with the ends of justice.
22         (C) This subsection (l) does not apply to offenders who
23     are subject to the provisions of paragraph (2) of
24     subsection (a) of Section 3-6-3.
25         (D) Upon motion of the State's Attorney, if a defendant
26     sentenced under this Section returns to the jurisdiction of

 

 

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1     the United States, the defendant shall be recommitted to
2     the custody of the county from which he or she was
3     sentenced. Thereafter, the defendant shall be brought
4     before the sentencing court, which may impose any sentence
5     that was available under Section 5-5-3 at the time of
6     initial sentencing. In addition, the defendant shall not be
7     eligible for additional good conduct credit for
8     meritorious service as provided under Section 3-6-6.
9     (m) A person convicted of criminal defacement of property
10 under Section 21-1.3 of the Criminal Code of 1961, in which the
11 property damage exceeds $300 and the property damaged is a
12 school building, shall be ordered to perform community service
13 that may include cleanup, removal, or painting over the
14 defacement.
15     (n) The court may sentence a person convicted of a
16 violation of Section 12-19, 12-21, or 16-1.3 of the Criminal
17 Code of 1961 (i) to an impact incarceration program if the
18 person is otherwise eligible for that program under Section
19 5-8-1.1, (ii) to community service, or (iii) if the person is
20 an addict or alcoholic, as defined in the Alcoholism and Other
21 Drug Abuse and Dependency Act, to a substance or alcohol abuse
22 program licensed under that Act.
23     (o) Whenever a person is convicted of a sex offense as
24 defined in Section 2 of the Sex Offender Registration Act, the
25 defendant's driver's license or permit shall be subject to
26 renewal on an annual basis in accordance with the provisions of

 

 

HB5229 - 33 - LRB095 18128 RLC 44211 b

1 license renewal established by the Secretary of State.
2 (Source: P.A. 94-72, eff. 1-1-06; 94-556, eff. 9-11-05; 94-993,
3 eff. 1-1-07; 94-1035, eff. 7-1-07; 95-188, eff. 8-16-07;
4 95-259, eff. 8-17-07; 95-331, eff. 8-21-07; 95-377, eff.
5 1-1-08; 95-579, eff. 6-1-08; revised 11-19-07.)