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90_HB0472enr
730 ILCS 5/5-5-3 from Ch. 38, par. 1005-5-3
Amends the Unified Code of Corrections. Adds certain
child pornography offenses to list of offenses for which a
period of probation, a term of periodic imprisonment, or
conditional discharge may not be imposed. Effective
immediately.
LRB9002449RCks
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1 AN ACT in relation to child pornography.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 2. The Criminal Code of 1961 is amended by
5 changing Section 11-20.1 as follows:
6 (720 ILCS 5/11-20.1) (from Ch. 38, par. 11-20.1)
7 Sec. 11-20.1. Child pornography.
8 (a) A person commits the offense of child pornography
9 who:
10 (1) films, videotapes, photographs, or otherwise
11 depicts or portrays by means of any similar visual medium
12 or reproduction or depicts by computer any child whom he
13 knows or reasonably should know to be under the age of 18
14 or any institutionalized severely or profoundly mentally
15 retarded person where such child or institutionalized
16 severely or profoundly mentally retarded person is:
17 (i) actually or by simulation engaged in any
18 act of sexual intercourse with any person or animal;
19 or
20 (ii) actually or by simulation engaged in any
21 act of sexual contact involving the sex organs of
22 the child or institutionalized severely or
23 profoundly mentally retarded person and the mouth,
24 anus, or sex organs of another person or animal; or
25 which involves the mouth, anus or sex organs of the
26 child or institutionalized severely or profoundly
27 mentally retarded person and the sex organs of
28 another person or animal; or
29 (iii) actually or by simulation engaged in any
30 act of masturbation; or
31 (iv) actually or by simulation portrayed as
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1 being the object of, or otherwise engaged in, any
2 act of lewd fondling, touching, or caressing
3 involving another person or animal; or
4 (v) actually or by simulation engaged in any
5 act of excretion or urination within a sexual
6 context; or
7 (vi) actually or by simulation portrayed or
8 depicted as bound, fettered, or subject to sadistic,
9 masochistic, or sadomasochistic abuse in any sexual
10 context; or
11 (vii) depicted or portrayed in any pose,
12 posture or setting involving a lewd exhibition of
13 the unclothed genitals, pubic area, buttocks, or, if
14 such person is female, a fully or partially
15 developed breast of the child or other person; or
16 (2) with the knowledge of the nature or content
17 thereof, reproduces, disseminates, offers to disseminate,
18 exhibits or possesses with intent to disseminate any
19 film, videotape, photograph or other similar visual
20 reproduction or depiction by computer of any child or
21 institutionalized severely or profoundly mentally
22 retarded person whom the person knows or reasonably
23 should know to be under the age of 18 or to be an
24 institutionalized severely or profoundly mentally
25 retarded person, engaged in any activity described in
26 subparagraphs (i) through (vii) of paragraph (1) of this
27 subsection; or
28 (3) with knowledge of the subject matter or theme
29 thereof, produces any stage play, live performance, film,
30 videotape or other similar visual portrayal or depiction
31 by computer which includes a child whom the person knows
32 or reasonably should know to be under the age of 18 or an
33 institutionalized severely or profoundly mentally
34 retarded person engaged in any activity described in
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1 subparagraphs (i) through (vii) of paragraph (1) of this
2 subsection; or
3 (4) solicits, uses, persuades, induces, entices, or
4 coerces any child whom he knows or reasonably should know
5 to be under the age of 18 or an institutionalized
6 severely or profoundly mentally retarded person to appear
7 in any stage play, live presentation, film, videotape,
8 photograph or other similar visual reproduction or
9 depiction by computer in which the child or
10 institutionalized severely or profoundly mentally
11 retarded person is or will be depicted, actually or by
12 simulation, in any act, pose or setting described in
13 subparagraphs (i) through (vii) of paragraph (1) of this
14 subsection; or
15 (5) is a parent, step-parent, legal guardian or
16 other person having care or custody of a child whom the
17 person knows or reasonably should know to be under the
18 age of 18 or an institutionalized severely or profoundly
19 mentally retarded person and who knowingly permits,
20 induces, promotes, or arranges for such child or
21 institutionalized severely or profoundly mentally
22 retarded person to appear in any stage play, live
23 performance, film, videotape, photograph or other similar
24 visual presentation, portrayal or simulation or depiction
25 by computer of any act or activity described in
26 subparagraphs (i) through (vii) of paragraph (1) of this
27 subsection; or
28 (6) with knowledge of the nature or content
29 thereof, possesses any film, videotape, photograph or
30 other similar visual reproduction or depiction by
31 computer of any child or institutionalized severely or
32 profoundly mentally retarded person whom the person knows
33 or reasonably should know to be under the age of 18 or to
34 be an institutionalized severely or profoundly mentally
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1 retarded person, engaged in any activity described in
2 subparagraphs (i) through (vii) of paragraph (1) of this
3 subsection; or
4 (7) solicits, uses, persuades, induces, entices, or
5 coerces a person to provide a child under the age of 18
6 or an institutionalized severely or profoundly mentally
7 retarded person to appear in any videotape, photograph,
8 film, stage play, live presentation, or other similar
9 visual reproduction or depiction by computer in which the
10 child or an institutionalized severely or profoundly
11 mentally retarded person will be depicted, actually or by
12 simulation, in any act, pose, or setting described in
13 subparagraphs (i) through (vii) of paragraph (1) of this
14 subsection.
15 (b) (1) It shall be an affirmative defense to a charge
16 of child pornography that the defendant reasonably believed,
17 under all of the circumstances, that the child was 18 years
18 of age or older or that the person was not an
19 institutionalized severely or profoundly mentally retarded
20 person but only where, prior to the act or acts giving rise
21 to a prosecution under this Section, he took some affirmative
22 action or made a bonafide inquiry designed to ascertain
23 whether the child was 18 years of age or older or that the
24 person was not an institutionalized severely or profoundly
25 mentally retarded person and his reliance upon the
26 information so obtained was clearly reasonable.
27 (2) It shall be an affirmative defense to a charge of
28 child pornography that the defendant was employed by a public
29 library or any library operated by an institution accredited
30 by a generally recognized accrediting agency, at the time the
31 act leading to the charge of child pornography took place and
32 such act was committed during the course of employment.
33 (3) The charge of child pornography shall not apply to
34 the performance of official duties by law enforcement or
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1 prosecuting officers, court personnel or attorneys, nor to
2 bonafide treatment or professional education programs
3 conducted by licensed physicians, psychologists or social
4 workers.
5 (4) Possession by the defendant of more than one of the
6 same film, videotape or visual reproduction or depiction by
7 computer in which child pornography is depicted shall raise a
8 rebuttable presumption that the defendant possessed such
9 materials with the intent to disseminate them.
10 (c) Violation of paragraph (1), (4), (5), or (7) of
11 subsection (a) is a Class 1 felony with a mandatory minimum
12 fine of $2,000 and a maximum fine of $100,000. Violation of
13 paragraph (3) of subsection (a) is a Class 1 2 felony with a
14 mandatory minimum fine of $1500 and a maximum fine of
15 $100,000. Violation of paragraph (2) of subsection (a) is a
16 Class 1 3 felony with a mandatory minimum fine of $1000 and a
17 maximum fine of $100,000. Violation of paragraph (6) of
18 subsection (a) is a Class 3 4 felony with a mandatory minimum
19 fine of $1000 and a maximum fine of $100,000.
20 (d) If a person is convicted of a second or subsequent
21 violation of this Section within 10 years of a prior
22 conviction, the court shall order a presentence psychiatric
23 examination of the person. The examiner shall report to the
24 court whether treatment of the person is necessary.
25 (e) Any film, videotape, photograph or other similar
26 visual reproduction or depiction by computer which includes a
27 child under the age of 18 or an institutionalized severely or
28 profoundly mentally retarded person engaged in any activity
29 described in subparagraphs (i) through (vii) or paragraph 1
30 of subsection (a), and any material or equipment used or
31 intended for use in photographing, filming, printing,
32 producing, reproducing, manufacturing, projecting,
33 exhibiting, depiction by computer, or disseminating such
34 material shall be seized and forfeited in the manner, method
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1 and procedure provided by Section 36-1 of this Code for the
2 seizure and forfeiture of vessels, vehicles and aircraft.
3 (f) Definitions. For the purposes of this Section:
4 (1) "Disseminate" means (i) to sell, distribute,
5 exchange or transfer possession, whether with or without
6 consideration or (ii) to make a depiction by computer
7 available for distribution or downloading through the
8 facilities of any telecommunications network or through
9 any other means of transferring computer programs or data
10 to a computer;
11 (2) "Produce" means to direct, promote, advertise,
12 publish, manufacture, issue, present or show;
13 (3) "Reproduce" means to make a duplication or
14 copy;
15 (4) "Depict by computer" means to generate or
16 create, or cause to be created or generated, a computer
17 program or data that, after being processed by a computer
18 either alone or in conjunction with one or more computer
19 programs, results in a visual depiction on a computer
20 monitor, screen, or display.
21 (5) "Depiction by computer" means a computer
22 program or data that, after being processed by a computer
23 either alone or in conjunction with one or more computer
24 programs, results in a visual depiction on a computer
25 monitor, screen, or display.
26 (6) "Computer", "computer program", and "data" have
27 the meanings ascribed to them in Section 16D-2 of this
28 Code.
29 (Source: P.A. 87-1069; 87-1070; 88-45; 88-680, eff. 1-1-95.)
30 Section 5. The Unified Code of Corrections is amended by
31 changing Section 5-5-3 as follows:
32 (730 ILCS 5/5-5-3) (from Ch. 38, par. 1005-5-3)
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1 (Text of Section before amendment by P.A. 89-507 and
2 89-688)
3 Sec. 5-5-3. Disposition.
4 (a) Every person convicted of an offense shall be
5 sentenced as provided in this Section.
6 (b) The following options shall be appropriate
7 dispositions, alone or in combination, for all felonies and
8 misdemeanors other than those identified in subsection (c) of
9 this Section:
10 (1) A period of probation.
11 (2) A term of periodic imprisonment.
12 (3) A term of conditional discharge.
13 (4) A term of imprisonment.
14 (5) An order directing the offender to clean up and
15 repair the damage, if the offender was convicted under
16 paragraph (h) of Section 21-1 of the Criminal Code of
17 1961.
18 (6) A fine.
19 (7) An order directing the offender to make
20 restitution to the victim under Section 5-5-6 of this
21 Code.
22 (8) A sentence of participation in a county impact
23 incarceration program under Section 5-8-1.2 of this Code.
24 Whenever an individual is sentenced for an offense based
25 upon an arrest for a violation of Section 11-501 of the
26 Illinois Vehicle Code, or a similar provision of a local
27 ordinance, and the professional evaluation recommends
28 remedial or rehabilitative treatment or education, neither
29 the treatment nor the education shall be the sole disposition
30 and either or both may be imposed only in conjunction with
31 another disposition. The court shall monitor compliance with
32 any remedial education or treatment recommendations contained
33 in the professional evaluation. Programs conducting alcohol
34 or other drug evaluation or remedial education must be
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1 licensed by the Department of Alcoholism and Substance Abuse.
2 However, if the individual is not a resident of Illinois, the
3 court may accept an alcohol or other drug evaluation or
4 remedial education program in the state of such individual's
5 residence. Programs providing treatment must be licensed
6 under existing applicable alcoholism and drug treatment
7 licensure standards.
8 In addition to any other fine or penalty required by law,
9 any individual convicted of a violation of Section 11-501 of
10 the Illinois Vehicle Code or a similar provision of local
11 ordinance, whose operation of a motor vehicle while in
12 violation of Section 11-501 or such ordinance proximately
13 caused an incident resulting in an appropriate emergency
14 response, shall be required to make restitution to a public
15 agency for the costs of that emergency response. Such
16 restitution shall not exceed $500 per public agency for each
17 such emergency response. For the purpose of this paragraph,
18 emergency response shall mean any incident requiring a
19 response by: a police officer as defined under Section 1-162
20 of the Illinois Vehicle Code; a fireman carried on the rolls
21 of a regularly constituted fire department; and an ambulance
22 as defined under Section 4.05 of the Emergency Medical
23 Services (EMS) Systems Act.
24 Neither a fine nor restitution shall be the sole
25 disposition for a felony and either or both may be imposed
26 only in conjunction with another disposition.
27 (c) (1) When a defendant is found guilty of first degree
28 murder the State may either seek a sentence of
29 imprisonment under Section 5-8-1 of this Code, or where
30 appropriate seek a sentence of death under Section 9-1 of
31 the Criminal Code of 1961.
32 (2) A period of probation, a term of periodic
33 imprisonment or conditional discharge shall not be
34 imposed for the following offenses. The court shall
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1 sentence the offender to not less than the minimum term
2 of imprisonment set forth in this Code for the following
3 offenses, and may order a fine or restitution or both in
4 conjunction with such term of imprisonment:
5 (A) First degree murder where the death
6 penalty is not imposed.
7 (B) Attempted first degree murder.
8 (C) A Class X felony.
9 (D) A violation of Section 401.1 or 407 of the
10 Illinois Controlled Substances Act, or a violation
11 of subdivision (c)(2) of Section 401 of that Act
12 which relates to more than 5 grams of a substance
13 containing cocaine or an analog thereof.
14 (E) A violation of Section 5.1 or 9 of the
15 Cannabis Control Act.
16 (F) A Class 2 or greater felony if the
17 offender had been convicted of a Class 2 or greater
18 felony within 10 years of the date on which he
19 committed the offense for which he is being
20 sentenced.
21 (G) Residential burglary.
22 (H) Criminal sexual assault, except as
23 otherwise provided in subsection (e) of this
24 Section.
25 (I) Aggravated battery of a senior citizen.
26 (J) A forcible felony if the offense was
27 related to the activities of an organized gang.
28 Before July 1, 1994, for the purposes of this
29 paragraph, "organized gang" means an association of
30 5 or more persons, with an established hierarchy,
31 that encourages members of the association to
32 perpetrate crimes or provides support to the members
33 of the association who do commit crimes.
34 Beginning July 1, 1994, for the purposes of
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1 this paragraph, "organized gang" has the meaning
2 ascribed to it in Section 10 of the Illinois
3 Streetgang Terrorism Omnibus Prevention Act.
4 (K) Vehicular hijacking.
5 (L) A second or subsequent conviction for the
6 offense of hate crime when the underlying offense
7 upon which the hate crime is based is felony
8 aggravated assault or felony mob action.
9 (M) A second or subsequent conviction for the
10 offense of institutional vandalism if the damage to
11 the property exceeds $300.
12 (N) A Class 3 felony violation of paragraph
13 (1) of subsection (a) of Section 2 of the Firearm
14 Owners Identification Card Act.
15 (O) A violation of Section 12-6.1 of the
16 Criminal Code of 1961.
17 (P) A violation of paragraph (1), (2), (3),
18 (4), (5), or (7) of subsection (a) of Section
19 11-20.1 of the Criminal Code of 1961.
20 (3) A minimum term of imprisonment of not less than
21 48 consecutive hours or 100 hours of community service as
22 may be determined by the court shall be imposed for a
23 second or subsequent violation committed within 5 years
24 of a previous violation of Section 11-501 of the Illinois
25 Vehicle Code or a similar provision of a local ordinance.
26 (4) A minimum term of imprisonment of not less than
27 7 consecutive days or 30 days of community service shall
28 be imposed for a violation of paragraph (c) of Section
29 6-303 of the Illinois Vehicle Code.
30 (4.1) A minimum term of 30 consecutive days of
31 imprisonment, 40 days of 24 hour periodic imprisonment or
32 720 hours of community service, as may be determined by
33 the court, shall be imposed for a violation of Section
34 11-501 of the Illinois Vehicle Code during a period in
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1 which the defendant's driving privileges are revoked or
2 suspended, where the revocation or suspension was for a
3 violation of Section 11-501 or Section 11-501.1 of that
4 Code.
5 (5) The court may sentence an offender convicted of
6 a business offense or a petty offense or a corporation or
7 unincorporated association convicted of any offense to:
8 (A) a period of conditional discharge;
9 (B) a fine;
10 (C) make restitution to the victim under
11 Section 5-5-6 of this Code.
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
17 criminal under Article 33B of the Criminal Code of 1961,
18 the court shall sentence the defendant to a term of
19 natural life 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 of any Class 2 or greater Class
23 felonies in Illinois, and such charges are separately
24 brought and tried and arise out of different series of
25 acts, such defendant shall be sentenced as a Class X
26 offender. This paragraph shall not apply unless (1) the
27 first felony was committed after the effective date of
28 this amendatory Act of 1977; and (2) the second felony
29 was committed after conviction on the first; and (3) the
30 third felony was committed after conviction on the
31 second.
32 (9) A defendant convicted of a second or subsequent
33 offense of ritualized abuse of a child may be sentenced
34 to a term of natural life imprisonment.
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1 (10) Beginning July 1, 1994, unless sentencing
2 under Section 33B-1 is applicable, a term of imprisonment
3 of not less than 15 years nor more than 50 years shall be
4 imposed on a defendant who violates Section 33A-2 of the
5 Criminal Code of 1961 with a firearm, when that person
6 has been convicted in any state or federal court of 3 or
7 more of the following offenses: treason, first degree
8 murder, second degree murder, aggravated criminal sexual
9 assault, criminal sexual assault, robbery, burglary,
10 arson, kidnaping, aggravated battery resulting in great
11 bodily harm or permanent disability or disfigurement, or
12 a violation of Section 401(a) of the Illinois Controlled
13 Substances Act, when the third offense was committed
14 after conviction on the second, the second offense was
15 committed after conviction on the first, and the
16 violation of Section 33A-2 of the Criminal Code of 1961
17 was committed after conviction on the third.
18 (11) Beginning July 1, 1994, a term of imprisonment
19 of not less than 10 years and not more than 30 years
20 shall be imposed on a defendant who violates Section
21 33A-2 with a Category I weapon where the offense was
22 committed in any school, or any conveyance owned, leased,
23 or contracted by a school to transport students to or
24 from school or a school related activity, on the real
25 property comprising any school or public park, and where
26 the offense was related to the activities of an organized
27 gang. For the purposes of this paragraph (11),
28 "organized gang" has the meaning ascribed to it in
29 Section 10 of the Illinois Streetgang Terrorism Omnibus
30 Prevention Act.
31 (d) In any case in which a sentence originally imposed
32 is vacated, the case shall be remanded to the trial court.
33 The trial court shall hold a hearing under Section 5-4-1 of
34 the Unified Code of Corrections which may include evidence of
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1 the defendant's life, moral character and occupation during
2 the time since the original sentence was passed. The trial
3 court shall then impose sentence upon the defendant. The
4 trial court may impose any sentence which could have been
5 imposed at the original trial subject to Section 5-5-4 of the
6 Unified Code of Corrections.
7 (e) In cases where prosecution for criminal sexual
8 assault or aggravated criminal sexual abuse under Section
9 12-13 or 12-16 of the Criminal Code of 1961 results in
10 conviction of a defendant who was a family member of the
11 victim at the time of the commission of the offense, the
12 court shall consider the safety and welfare of the victim and
13 may impose a sentence of probation only where:
14 (1) the court finds (A) or (B) or both are
15 appropriate:
16 (A) the defendant is willing to undergo a
17 court approved counseling program for a minimum
18 duration of 2 years; or
19 (B) the defendant is willing to participate in
20 a court approved plan including but not limited to
21 the defendant's:
22 (i) removal from the household;
23 (ii) restricted contact with the victim;
24 (iii) continued financial support of the
25 family;
26 (iv) restitution for harm done to the
27 victim; and
28 (v) compliance with any other measures
29 that the court may deem appropriate; and
30 (2) the court orders the defendant to pay for the
31 victim's counseling services, to the extent that the
32 court finds, after considering the defendant's income and
33 assets, that the defendant is financially capable of
34 paying for such services, if the victim was under 18
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1 years of age at the time the offense was committed and
2 requires counseling as a result of the offense.
3 Probation may be revoked or modified pursuant to Section
4 5-6-4; except where the court determines at the hearing that
5 the defendant violated a condition of his or her probation
6 restricting contact with the victim or other family members
7 or commits another offense with the victim or other family
8 members, the court shall revoke the defendant's probation and
9 impose a term of imprisonment.
10 For the purposes of this Section, "family member" and
11 "victim" shall have the meanings ascribed to them in Section
12 12-12 of the Criminal Code of 1961.
13 (f) This Article shall not deprive a court in other
14 proceedings to order a forfeiture of property, to suspend or
15 cancel a license, to remove a person from office, or to
16 impose any other civil penalty.
17 (g) Whenever a defendant is convicted of an offense
18 under Sections 11-14, 11-15, 11-15.1, 11-16, 11-17, 11-18,
19 11-18.1, 11-19, 11-19.1, 11-19.2, 12-13, 12-14, 12-14.1,
20 12-15 or 12-16 of the Criminal Code of 1961, the defendant
21 shall undergo medical testing to determine whether the
22 defendant has any sexually transmissible disease, including a
23 test for infection with human immunodeficiency virus (HIV) or
24 any other identified causative agent of acquired
25 immunodeficiency syndrome (AIDS). Any such medical test
26 shall be performed only by appropriately licensed medical
27 practitioners and may include an analysis of any bodily
28 fluids as well as an examination of the defendant's person.
29 Except as otherwise provided by law, the results of such test
30 shall be kept strictly confidential by all medical personnel
31 involved in the testing and must be personally delivered in a
32 sealed envelope to the judge of the court in which the
33 conviction was entered for the judge's inspection in camera.
34 Acting in accordance with the best interests of the victim
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1 and the public, the judge shall have the discretion to
2 determine to whom, if anyone, the results of the testing may
3 be revealed. The court shall notify the defendant of the test
4 results. The court shall also notify the victim if requested
5 by the victim, and if the victim is under the age of 15 and
6 if requested by the victim's parents or legal guardian, the
7 court shall notify the victim's parents or legal guardian of
8 the test results. The court shall provide information on the
9 availability of HIV testing and counseling at Department of
10 Public Health facilities to all parties to whom the results
11 of the testing are revealed and shall direct the State's
12 Attorney to provide the information to the victim when
13 possible. A State's Attorney may petition the court to obtain
14 the results of any HIV test administered under this Section,
15 and the court shall grant the disclosure if the State's
16 Attorney shows it is relevant in order to prosecute a charge
17 of criminal transmission of HIV under Section 12-16.2 of the
18 Criminal Code of 1961 against the defendant. The court shall
19 order that the cost of any such test shall be paid by the
20 county and may be taxed as costs against the convicted
21 defendant.
22 (g-5) When an inmate is tested for an airborne
23 communicable disease, as determined by the Illinois
24 Department of Public Health including but not limited to
25 tuberculosis, the results of the test shall be personally
26 delivered by the warden or his or her designee in a sealed
27 envelope to the judge of the court in which the inmate must
28 appear for the judge's inspection in camera if requested by
29 the judge. Acting in accordance with the best interests of
30 those in the courtroom, the judge shall have the discretion
31 to determine what if any precautions need to be taken to
32 prevent transmission of the disease in the courtroom.
33 (h) Whenever a defendant is convicted of an offense
34 under Section 1 or 2 of the Hypodermic Syringes and Needles
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1 Act, the defendant shall undergo medical testing to determine
2 whether the defendant has been exposed to human
3 immunodeficiency virus (HIV) or any other identified
4 causative agent of acquired immunodeficiency syndrome (AIDS).
5 Except as otherwise provided by law, the results of such test
6 shall be kept strictly confidential by all medical personnel
7 involved in the testing and must be personally delivered in a
8 sealed envelope to the judge of the court in which the
9 conviction was entered for the judge's inspection in camera.
10 Acting in accordance with the best interests of the public,
11 the judge shall have the discretion to determine to whom, if
12 anyone, the results of the testing may be revealed. The court
13 shall notify the defendant of a positive test showing an
14 infection with the human immunodeficiency virus (HIV). The
15 court shall provide information on the availability of HIV
16 testing and counseling at Department of Public Health
17 facilities to all parties to whom the results of the testing
18 are revealed and shall direct the State's Attorney to provide
19 the information to the victim when possible. A State's
20 Attorney may petition the court to obtain the results of any
21 HIV test administered under this Section, and the court
22 shall grant the disclosure if the State's Attorney shows it
23 is relevant in order to prosecute a charge of criminal
24 transmission of HIV under Section 12-16.2 of the Criminal
25 Code of 1961 against the defendant. The court shall order
26 that the cost of any such test shall be paid by the county
27 and may be taxed as costs against the convicted defendant.
28 (i) All fines and penalties imposed under this Section
29 for any violation of Chapters 3, 4, 6, and 11 of the Illinois
30 Vehicle Code, or a similar provision of a local ordinance,
31 and any violation of the Child Passenger Protection Act, or a
32 similar provision of a local ordinance, shall be collected
33 and disbursed by the circuit clerk as provided under Section
34 27.5 of the Clerks of Courts Act.
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1 (j) In cases when prosecution for any violation of
2 Section 11-6, 11-8, 11-9, 11-11, 11-14, 11-15, 11-15.1,
3 11-16, 11-17, 11-17.1, 11-18, 11-18.1, 11-19, 11-19.1,
4 11-19.2, 11-20.1, 11-21, 12-13, 12-14, 12-14.1, 12-15, or
5 12-16 of the Criminal Code of 1961, any violation of the
6 Illinois Controlled Substances Act, or any violation of the
7 Cannabis Control Act results in conviction, a disposition of
8 court supervision, or an order of probation granted under
9 Section 10 of the Cannabis Control Act or Section 410 of the
10 Illinois Controlled Substance Act of a defendant, the court
11 shall determine whether the defendant is employed by a
12 facility or center as defined under the Child Care Act of
13 1969, a public or private elementary or secondary school, or
14 otherwise works with children under 18 years of age on a
15 daily basis. When a defendant is so employed, the court
16 shall order the Clerk of the Court to send a copy of the
17 judgment of conviction or order of supervision or probation
18 to the defendant's employer by certified mail. If the
19 employer of the defendant is a school, the Clerk of the Court
20 shall direct the mailing of a copy of the judgment of
21 conviction or order of supervision or probation to the
22 appropriate regional superintendent of schools. The regional
23 superintendent of schools shall notify the State Board of
24 Education of any notification under this subsection.
25 (k) A court may not impose a sentence or disposition for
26 a felony or misdemeanor that requires the defendant to be
27 implanted or injected with or to use any form of birth
28 control.
29 (l)(A) Except as provided in paragraph (C) of subsection
30 (l), whenever a defendant, who is an alien as defined by the
31 Immigration and Nationality Act, is convicted of any felony
32 or misdemeanor offense, the court after sentencing the
33 defendant may, upon motion of the State's Attorney, hold
34 sentence in abeyance and remand the defendant to the custody
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1 of the Attorney General of the United States or his or her
2 designated agent to be deported when:
3 (1) a final order of deportation has been issued
4 against the defendant pursuant to proceedings under the
5 Immigration and Nationality Act, and
6 (2) the deportation of the defendant would not
7 deprecate the seriousness of the defendant's conduct and
8 would not be inconsistent with the ends of justice.
9 Otherwise, the defendant shall be sentenced as provided
10 in this Chapter V.
11 (B) If the defendant has already been sentenced for a
12 felony or misdemeanor offense, or has been placed on
13 probation under Section 10 of the Cannabis Control Act or
14 Section 410 of the Illinois Controlled Substances Act, the
15 court may, upon motion of the State's Attorney to suspend the
16 sentence imposed, commit the defendant to the custody of the
17 Attorney General of the United States or his or her
18 designated agent when:
19 (1) a final order of deportation has been issued
20 against the defendant pursuant to proceedings under the
21 Immigration and Nationality Act, and
22 (2) the deportation of the defendant would not
23 deprecate the seriousness of the defendant's conduct and
24 would not be inconsistent with the ends of justice.
25 (C) This subsection (l) does not apply to offenders who
26 are subject to the provisions of paragraph (2) of subsection
27 (a) of Section 3-6-3.
28 (D) Upon motion of the State's Attorney, if a defendant
29 sentenced under this Section returns to the jurisdiction of
30 the United States, the defendant shall be recommitted to the
31 custody of the county from which he or she was sentenced.
32 Thereafter, the defendant shall be brought before the
33 sentencing court, which may impose any sentence that was
34 available under Section 5-5-3 at the time of initial
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1 sentencing. In addition, the defendant shall not be eligible
2 for additional good conduct credit for meritorious service as
3 provided under Section 3-6-6.
4 (Source: P.A. 88-45; 88-336; 88-351; 88-460; 88-467; 88-510;
5 88-659; 88-670, eff. 12-2-94; 88-680, eff. 1-1-95; 89-8, eff.
6 3-21-95; 89-314, eff. 1-1-96; 89-428, eff. 12-13-95; 89-462,
7 eff. 5-29-96; 89-477, eff. 6-18-96; 89-545, eff. 7-25-96;
8 89-587, eff. 7-31-96; 89-627, eff. 1-1-97; revised 1-7-97.)
9 (Text of Section after amendment by P.A. 89-507 and
10 89-688)
11 Sec. 5-5-3. Disposition.
12 (a) Every person convicted of an offense shall be
13 sentenced as provided in this Section.
14 (b) The following options shall be appropriate
15 dispositions, alone or in combination, for all felonies and
16 misdemeanors other than those identified in subsection (c) of
17 this Section:
18 (1) A period of probation.
19 (2) A term of periodic imprisonment.
20 (3) A term of conditional discharge.
21 (4) A term of imprisonment.
22 (5) An order directing the offender to clean up and
23 repair the damage, if the offender was convicted under
24 paragraph (h) of Section 21-1 of the Criminal Code of
25 1961.
26 (6) A fine.
27 (7) An order directing the offender to make
28 restitution to the victim under Section 5-5-6 of this
29 Code.
30 (8) A sentence of participation in a county impact
31 incarceration program under Section 5-8-1.2 of this Code.
32 Whenever an individual is sentenced for an offense based
33 upon an arrest for a violation of Section 11-501 of the
34 Illinois Vehicle Code, or a similar provision of a local
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1 ordinance, and the professional evaluation recommends
2 remedial or rehabilitative treatment or education, neither
3 the treatment nor the education shall be the sole disposition
4 and either or both may be imposed only in conjunction with
5 another disposition. The court shall monitor compliance with
6 any remedial education or treatment recommendations contained
7 in the professional evaluation. Programs conducting alcohol
8 or other drug evaluation or remedial education must be
9 licensed by the Department of Human Services. However, if
10 the individual is not a resident of Illinois, the court may
11 accept an alcohol or other drug evaluation or remedial
12 education program in the state of such individual's
13 residence. Programs providing treatment must be licensed
14 under existing applicable alcoholism and drug treatment
15 licensure standards.
16 In addition to any other fine or penalty required by law,
17 any individual convicted of a violation of Section 11-501 of
18 the Illinois Vehicle Code or a similar provision of local
19 ordinance, whose operation of a motor vehicle while in
20 violation of Section 11-501 or such ordinance proximately
21 caused an incident resulting in an appropriate emergency
22 response, shall be required to make restitution to a public
23 agency for the costs of that emergency response. Such
24 restitution shall not exceed $500 per public agency for each
25 such emergency response. For the purpose of this paragraph,
26 emergency response shall mean any incident requiring a
27 response by: a police officer as defined under Section 1-162
28 of the Illinois Vehicle Code; a fireman carried on the rolls
29 of a regularly constituted fire department; and an ambulance
30 as defined under Section 4.05 of the Emergency Medical
31 Services (EMS) Systems Act.
32 Neither a fine nor restitution shall be the sole
33 disposition for a felony and either or both may be imposed
34 only in conjunction with another disposition.
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1 (c) (1) When a defendant is found guilty of first degree
2 murder the State may either seek a sentence of
3 imprisonment under Section 5-8-1 of this Code, or where
4 appropriate seek a sentence of death under Section 9-1 of
5 the Criminal Code of 1961.
6 (2) A period of probation, a term of periodic
7 imprisonment or conditional discharge shall not be
8 imposed for the following offenses. The court shall
9 sentence the offender to not less than the minimum term
10 of imprisonment set forth in this Code for the following
11 offenses, and may order a fine or restitution or both in
12 conjunction with such term of imprisonment:
13 (A) First degree murder where the death
14 penalty is not imposed.
15 (B) Attempted first degree murder.
16 (C) A Class X felony.
17 (D) A violation of Section 401.1 or 407 of the
18 Illinois Controlled Substances Act, or a violation
19 of subdivision (c)(2) of Section 401 of that Act
20 which relates to more than 5 grams of a substance
21 containing cocaine or an analog thereof.
22 (E) A violation of Section 5.1 or 9 of the
23 Cannabis Control Act.
24 (F) A Class 2 or greater felony if the
25 offender had been convicted of a Class 2 or greater
26 felony within 10 years of the date on which he
27 committed the offense for which he is being
28 sentenced.
29 (G) Residential burglary.
30 (H) Criminal sexual assault, except as
31 otherwise provided in subsection (e) of this
32 Section.
33 (I) Aggravated battery of a senior citizen.
34 (J) A forcible felony if the offense was
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1 related to the activities of an organized gang.
2 Before July 1, 1994, for the purposes of this
3 paragraph, "organized gang" means an association of
4 5 or more persons, with an established hierarchy,
5 that encourages members of the association to
6 perpetrate crimes or provides support to the members
7 of the association who do commit crimes.
8 Beginning July 1, 1994, for the purposes of
9 this paragraph, "organized gang" has the meaning
10 ascribed to it in Section 10 of the Illinois
11 Streetgang Terrorism Omnibus Prevention Act.
12 (K) Vehicular hijacking.
13 (L) A second or subsequent conviction for the
14 offense of hate crime when the underlying offense
15 upon which the hate crime is based is felony
16 aggravated assault or felony mob action.
17 (M) A second or subsequent conviction for the
18 offense of institutional vandalism if the damage to
19 the property exceeds $300.
20 (N) A Class 3 felony violation of paragraph
21 (1) of subsection (a) of Section 2 of the Firearm
22 Owners Identification Card Act.
23 (O) A violation of Section 12-6.1 of the
24 Criminal Code of 1961.
25 (P) A violation of paragraph (1), (2), (3),
26 (4), (5), or (7) of subsection (a) of Section
27 11-20.1 of the Criminal Code of 1961.
28 (3) A minimum term of imprisonment of not less than
29 48 consecutive hours or 100 hours of community service as
30 may be determined by the court shall be imposed for a
31 second or subsequent violation committed within 5 years
32 of a previous violation of Section 11-501 of the Illinois
33 Vehicle Code or a similar provision of a local ordinance.
34 (4) A minimum term of imprisonment of not less than
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1 7 consecutive days or 30 days of community service shall
2 be imposed for a violation of paragraph (c) of Section
3 6-303 of the Illinois Vehicle Code.
4 (4.1) A minimum term of 30 consecutive days of
5 imprisonment, 40 days of 24 hour periodic imprisonment or
6 720 hours of community service, as may be determined by
7 the court, shall be imposed for a violation of Section
8 11-501 of the Illinois Vehicle Code during a period in
9 which the defendant's driving privileges are revoked or
10 suspended, where the revocation or suspension was for a
11 violation of Section 11-501 or Section 11-501.1 of that
12 Code.
13 (5) The court may sentence an offender convicted of
14 a business offense or a petty offense or a corporation or
15 unincorporated association convicted of any offense to:
16 (A) a period of conditional discharge;
17 (B) a fine;
18 (C) make restitution to the victim under
19 Section 5-5-6 of this Code.
20 (6) In no case shall an offender be eligible for a
21 disposition of probation or conditional discharge for a
22 Class 1 felony committed while he was serving a term of
23 probation or conditional discharge for a felony.
24 (7) When a defendant is adjudged a habitual
25 criminal under Article 33B of the Criminal Code of 1961,
26 the court shall sentence the defendant to a term of
27 natural life imprisonment.
28 (8) When a defendant, over the age of 21 years, is
29 convicted of a Class 1 or Class 2 felony, after having
30 twice been convicted of any Class 2 or greater Class
31 felonies in Illinois, and such charges are separately
32 brought and tried and arise out of different series of
33 acts, such defendant shall be sentenced as a Class X
34 offender. This paragraph shall not apply unless (1) the
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1 first felony was committed after the effective date of
2 this amendatory Act of 1977; and (2) the second felony
3 was committed after conviction on the first; and (3) the
4 third felony was committed after conviction on the
5 second.
6 (9) A defendant convicted of a second or subsequent
7 offense of ritualized abuse of a child may be sentenced
8 to a term of natural life imprisonment.
9 (10) Beginning July 1, 1994, unless sentencing
10 under Section 33B-1 is applicable, a term of imprisonment
11 of not less than 15 years nor more than 50 years shall be
12 imposed on a defendant who violates Section 33A-2 of the
13 Criminal Code of 1961 with a firearm, when that person
14 has been convicted in any state or federal court of 3 or
15 more of the following offenses: treason, first degree
16 murder, second degree murder, aggravated criminal sexual
17 assault, criminal sexual assault, robbery, burglary,
18 arson, kidnaping, aggravated battery resulting in great
19 bodily harm or permanent disability or disfigurement, or
20 a violation of Section 401(a) of the Illinois Controlled
21 Substances Act, when the third offense was committed
22 after conviction on the second, the second offense was
23 committed after conviction on the first, and the
24 violation of Section 33A-2 of the Criminal Code of 1961
25 was committed after conviction on the third.
26 (11) Beginning July 1, 1994, a term of imprisonment
27 of not less than 10 years and not more than 30 years
28 shall be imposed on a defendant who violates Section
29 33A-2 with a Category I weapon where the offense was
30 committed in any school, or any conveyance owned, leased,
31 or contracted by a school to transport students to or
32 from school or a school related activity, on the real
33 property comprising any school or public park, and where
34 the offense was related to the activities of an organized
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1 gang. For the purposes of this paragraph (11),
2 "organized gang" has the meaning ascribed to it in
3 Section 10 of the Illinois Streetgang Terrorism Omnibus
4 Prevention Act.
5 (d) In any case in which a sentence originally imposed
6 is vacated, the case shall be remanded to the trial court.
7 The trial court shall hold a hearing under Section 5-4-1 of
8 the Unified Code of Corrections which may include evidence of
9 the defendant's life, moral character and occupation during
10 the time since the original sentence was passed. The trial
11 court shall then impose sentence upon the defendant. The
12 trial court may impose any sentence which could have been
13 imposed at the original trial subject to Section 5-5-4 of the
14 Unified Code of Corrections.
15 (e) In cases where prosecution for criminal sexual
16 assault or aggravated criminal sexual abuse under Section
17 12-13 or 12-16 of the Criminal Code of 1961 results in
18 conviction of a defendant who was a family member of the
19 victim at the time of the commission of the offense, the
20 court shall consider the safety and welfare of the victim and
21 may impose a sentence of probation only where:
22 (1) the court finds (A) or (B) or both are
23 appropriate:
24 (A) the defendant is willing to undergo a
25 court approved counseling program for a minimum
26 duration of 2 years; or
27 (B) the defendant is willing to participate in
28 a court approved plan including but not limited to
29 the defendant's:
30 (i) removal from the household;
31 (ii) restricted contact with the victim;
32 (iii) continued financial support of the
33 family;
34 (iv) restitution for harm done to the
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1 victim; and
2 (v) compliance with any other measures
3 that the court may deem appropriate; and
4 (2) the court orders the defendant to pay for the
5 victim's counseling services, to the extent that the
6 court finds, after considering the defendant's income and
7 assets, that the defendant is financially capable of
8 paying for such services, if the victim was under 18
9 years of age at the time the offense was committed and
10 requires counseling as a result of the offense.
11 Probation may be revoked or modified pursuant to Section
12 5-6-4; except where the court determines at the hearing that
13 the defendant violated a condition of his or her probation
14 restricting contact with the victim or other family members
15 or commits another offense with the victim or other family
16 members, the court shall revoke the defendant's probation and
17 impose a term of imprisonment.
18 For the purposes of this Section, "family member" and
19 "victim" shall have the meanings ascribed to them in Section
20 12-12 of the Criminal Code of 1961.
21 (f) This Article shall not deprive a court in other
22 proceedings to order a forfeiture of property, to suspend or
23 cancel a license, to remove a person from office, or to
24 impose any other civil penalty.
25 (g) Whenever a defendant is convicted of an offense
26 under Sections 11-14, 11-15, 11-15.1, 11-16, 11-17, 11-18,
27 11-18.1, 11-19, 11-19.1, 11-19.2, 12-13, 12-14, 12-14.1,
28 12-15 or 12-16 of the Criminal Code of 1961, the defendant
29 shall undergo medical testing to determine whether the
30 defendant has any sexually transmissible disease, including a
31 test for infection with human immunodeficiency virus (HIV) or
32 any other identified causative agent of acquired
33 immunodeficiency syndrome (AIDS). Any such medical test
34 shall be performed only by appropriately licensed medical
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1 practitioners and may include an analysis of any bodily
2 fluids as well as an examination of the defendant's person.
3 Except as otherwise provided by law, the results of such test
4 shall be kept strictly confidential by all medical personnel
5 involved in the testing and must be personally delivered in a
6 sealed envelope to the judge of the court in which the
7 conviction was entered for the judge's inspection in camera.
8 Acting in accordance with the best interests of the victim
9 and the public, the judge shall have the discretion to
10 determine to whom, if anyone, the results of the testing may
11 be revealed. The court shall notify the defendant of the test
12 results. The court shall also notify the victim if requested
13 by the victim, and if the victim is under the age of 15 and
14 if requested by the victim's parents or legal guardian, the
15 court shall notify the victim's parents or legal guardian of
16 the test results. The court shall provide information on the
17 availability of HIV testing and counseling at Department of
18 Public Health facilities to all parties to whom the results
19 of the testing are revealed and shall direct the State's
20 Attorney to provide the information to the victim when
21 possible. A State's Attorney may petition the court to obtain
22 the results of any HIV test administered under this Section,
23 and the court shall grant the disclosure if the State's
24 Attorney shows it is relevant in order to prosecute a charge
25 of criminal transmission of HIV under Section 12-16.2 of the
26 Criminal Code of 1961 against the defendant. The court shall
27 order that the cost of any such test shall be paid by the
28 county and may be taxed as costs against the convicted
29 defendant.
30 (g-5) When an inmate is tested for an airborne
31 communicable disease, as determined by the Illinois
32 Department of Public Health including but not limited to
33 tuberculosis, the results of the test shall be personally
34 delivered by the warden or his or her designee in a sealed
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1 envelope to the judge of the court in which the inmate must
2 appear for the judge's inspection in camera if requested by
3 the judge. Acting in accordance with the best interests of
4 those in the courtroom, the judge shall have the discretion
5 to determine what if any precautions need to be taken to
6 prevent transmission of the disease in the courtroom.
7 (h) Whenever a defendant is convicted of an offense
8 under Section 1 or 2 of the Hypodermic Syringes and Needles
9 Act, the defendant shall undergo medical testing to determine
10 whether the defendant has been exposed to human
11 immunodeficiency virus (HIV) or any other identified
12 causative agent of acquired immunodeficiency syndrome (AIDS).
13 Except as otherwise provided by law, the results of such test
14 shall be kept strictly confidential by all medical personnel
15 involved in the testing and must be personally delivered in a
16 sealed envelope to the judge of the court in which the
17 conviction was entered for the judge's inspection in camera.
18 Acting in accordance with the best interests of the public,
19 the judge shall have the discretion to determine to whom, if
20 anyone, the results of the testing may be revealed. The court
21 shall notify the defendant of a positive test showing an
22 infection with the human immunodeficiency virus (HIV). The
23 court shall provide information on the availability of HIV
24 testing and counseling at Department of Public Health
25 facilities to all parties to whom the results of the testing
26 are revealed and shall direct the State's Attorney to provide
27 the information to the victim when possible. A State's
28 Attorney may petition the court to obtain the results of any
29 HIV test administered under this Section, and the court
30 shall grant the disclosure if the State's Attorney shows it
31 is relevant in order to prosecute a charge of criminal
32 transmission of HIV under Section 12-16.2 of the Criminal
33 Code of 1961 against the defendant. The court shall order
34 that the cost of any such test shall be paid by the county
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1 and may be taxed as costs against the convicted defendant.
2 (i) All fines and penalties imposed under this Section
3 for any violation of Chapters 3, 4, 6, and 11 of the Illinois
4 Vehicle Code, or a similar provision of a local ordinance,
5 and any violation of the Child Passenger Protection Act, or a
6 similar provision of a local ordinance, shall be collected
7 and disbursed by the circuit clerk as provided under Section
8 27.5 of the Clerks of Courts Act.
9 (j) In cases when prosecution for any violation of
10 Section 11-6, 11-8, 11-9, 11-11, 11-14, 11-15, 11-15.1,
11 11-16, 11-17, 11-17.1, 11-18, 11-18.1, 11-19, 11-19.1,
12 11-19.2, 11-20.1, 11-21, 12-13, 12-14, 12-14.1, 12-15, or
13 12-16 of the Criminal Code of 1961, any violation of the
14 Illinois Controlled Substances Act, or any violation of the
15 Cannabis Control Act results in conviction, a disposition of
16 court supervision, or an order of probation granted under
17 Section 10 of the Cannabis Control Act or Section 410 of the
18 Illinois Controlled Substance Act of a defendant, the court
19 shall determine whether the defendant is employed by a
20 facility or center as defined under the Child Care Act of
21 1969, a public or private elementary or secondary school, or
22 otherwise works with children under 18 years of age on a
23 daily basis. When a defendant is so employed, the court
24 shall order the Clerk of the Court to send a copy of the
25 judgment of conviction or order of supervision or probation
26 to the defendant's employer by certified mail. If the
27 employer of the defendant is a school, the Clerk of the Court
28 shall direct the mailing of a copy of the judgment of
29 conviction or order of supervision or probation to the
30 appropriate regional superintendent of schools. The regional
31 superintendent of schools shall notify the State Board of
32 Education of any notification under this subsection.
33 (j-5) A defendant at least 17 years of age who is
34 convicted of a felony and who has not been previously
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1 convicted of a misdemeanor or felony and who is sentenced to
2 a term of imprisonment in the Illinois Department of
3 Corrections shall as a condition of his or her sentence be
4 required by the court to attend educational courses designed
5 to prepare the defendant for a high school diploma and to
6 work toward a high school diploma or to work toward passing
7 the high school level Test of General Educational Development
8 (GED) or to work toward completing a vocational training
9 program offered by the Department of Corrections. If a
10 defendant fails to complete the educational training required
11 by his or her sentence during the term of incarceration, the
12 Prisoner Review Board shall, as a condition of mandatory
13 supervised release, require the defendant, at his or her own
14 expense, to pursue a course of study toward a high school
15 diploma or passage of the GED test. The Prisoner Review
16 Board shall revoke the mandatory supervised release of a
17 defendant who wilfully fails to comply with this subsection
18 (j-5) upon his or her release from confinement in a penal
19 institution while serving a mandatory supervised release
20 term; however, the inability of the defendant after making a
21 good faith effort to obtain financial aid or pay for the
22 educational training shall not be deemed a wilful failure to
23 comply. The Prisoner Review Board shall recommit the
24 defendant whose mandatory supervised release term has been
25 revoked under this subsection (j-5) as provided in Section
26 3-3-9. This subsection (j-5) does not apply to a defendant
27 who has a high school diploma or has successfully passed the
28 GED test. This subsection (j-5) does not apply to a defendant
29 who is determined by the court to be developmentally disabled
30 or otherwise mentally incapable of completing the educational
31 or vocational program.
32 (k) A court may not impose a sentence or disposition for
33 a felony or misdemeanor that requires the defendant to be
34 implanted or injected with or to use any form of birth
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1 control.
2 (l)(A) Except as provided in paragraph (C) of subsection
3 (l), whenever a defendant, who is an alien as defined by the
4 Immigration and Nationality Act, is convicted of any felony
5 or misdemeanor offense, the court after sentencing the
6 defendant may, upon motion of the State's Attorney, hold
7 sentence in abeyance and remand the defendant to the custody
8 of the Attorney General of the United States or his or her
9 designated agent to be deported when:
10 (1) a final order of deportation has been issued
11 against the defendant pursuant to proceedings under the
12 Immigration and Nationality Act, and
13 (2) the deportation of the defendant would not
14 deprecate the seriousness of the defendant's conduct and
15 would not be inconsistent with the ends of justice.
16 Otherwise, the defendant shall be sentenced as provided
17 in this Chapter V.
18 (B) If the defendant has already been sentenced for a
19 felony or misdemeanor offense, or has been placed on
20 probation under Section 10 of the Cannabis Control Act or
21 Section 410 of the Illinois Controlled Substances Act, the
22 court may, upon motion of the State's Attorney to suspend the
23 sentence imposed, commit the defendant to the custody of the
24 Attorney General of the United States or his or her
25 designated agent when:
26 (1) a final order of deportation has been issued
27 against the defendant pursuant to proceedings under the
28 Immigration and Nationality Act, and
29 (2) the deportation of the defendant would not
30 deprecate the seriousness of the defendant's conduct and
31 would not be inconsistent with the ends of justice.
32 (C) This subsection (l) does not apply to offenders who
33 are subject to the provisions of paragraph (2) of subsection
34 (a) of Section 3-6-3.
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1 (D) Upon motion of the State's Attorney, if a defendant
2 sentenced under this Section returns to the jurisdiction of
3 the United States, the defendant shall be recommitted to the
4 custody of the county from which he or she was sentenced.
5 Thereafter, the defendant shall be brought before the
6 sentencing court, which may impose any sentence that was
7 available under Section 5-5-3 at the time of initial
8 sentencing. In addition, the defendant shall not be eligible
9 for additional good conduct credit for meritorious service as
10 provided under Section 3-6-6.
11 (Source: P.A. 88-45; 88-336; 88-351; 88-460; 88-467; 88-510;
12 88-659; 88-670, eff. 12-2-94; 88-680, eff. 1-1-95; 89-8, eff.
13 3-21-95; 89-314, eff. 1-1-96; 89-428, eff. 12-13-95; 89-462,
14 eff. 5-29-96; 89-477, eff. 6-18-96; 89-507, eff. 7-1-97;
15 89-545, eff. 7-25-96; 89-587, eff. 7-31-96; 89-627, eff.
16 1-1-97; 89-688, eff. 6-1-97; revised 1-7-97.)
17 Section 95. No acceleration or delay. Where this Act
18 makes changes in a statute that is represented in this Act by
19 text that is not yet or no longer in effect (for example, a
20 Section represented by multiple versions), the use of that
21 text does not accelerate or delay the taking effect of (i)
22 the changes made by this Act or (ii) provisions derived from
23 any other Public Act.
24 Section 99. Effective date. This Act takes effect upon
25 becoming law.