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90_HB0722eng
720 ILCS 570/401 from Ch. 56 1/2, par. 1401
720 ILCS 570/402 from Ch. 56 1/2, par. 1402
730 ILCS 5/5-5-3 from Ch. 38, par. 1005-5-3
Amends the Illinois Controlled Substances Act. Makes the
penalties for the unlawful manufacture, delivery, and
possession of amphetamine or methamphetamine the same as the
penalties for unlawful manufacture, delivery, and possession
of equivalent amounts of cocaine. Amends the Unified Code of
Corrections to provide that a person convicted of the
manufacture or delivery of more than 5 grams of amphetamine
or methamphetamine may not receive probation, periodic
imprisonment, or conditional discharge.
LRB9000500RCks
HB0722 Engrossed LRB9000500RCks
1 AN ACT in relation to amphetamine and methamphetamine,
2 amending named Acts.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Illinois Controlled Substances Act is
6 amended by changing Sections 401 and 402 as follows:
7 (720 ILCS 570/401) (from Ch. 56 1/2, par. 1401)
8 Sec. 401. Except as authorized by this Act, it is
9 unlawful for any person knowingly to manufacture or deliver,
10 or possess with intent to manufacture or deliver, a
11 controlled or counterfeit substance or controlled substance
12 analog. A violation of this Act with respect to each of the
13 controlled substances listed herein constitutes a single and
14 separate violation of this Act. For purposes of this
15 Section, "controlled substance analog" or "analog" means a
16 substance which is intended for human consumption, other than
17 a controlled substance, that has a chemical structure
18 substantially similar to that of a controlled substance in
19 Schedule I or II, or that was specifically designed to
20 produce an effect substantially similar to that of a
21 controlled substance in Schedule I or II. Examples of
22 chemical classes in which controlled substance analogs are
23 found include, but are not limited to, the following:
24 phenethylamines, N-substituted piperidines, morphinans,
25 ecgonines, quinazolinones, substituted indoles, and
26 arylcycloalkylamines. For purposes of this Act, a controlled
27 substance analog shall be treated in the same manner as the
28 controlled substance to which it is substantially similar.
29 (a) Any person who violates this Section with respect to
30 the following amounts of controlled or counterfeit substances
31 or controlled substance analogs, notwithstanding any of the
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1 provisions of subsections (c), (d), (e), (f), (g) or (h) to
2 the contrary, is guilty of a Class X felony and shall be
3 sentenced to a term of imprisonment as provided in this
4 subsection (a) and fined as provided in subsection (b):
5 (1) (A) not less than 6 years and not more than 30
6 years with respect to 15 grams or more but less than
7 100 grams of a substance containing heroin, or an
8 analog thereof;
9 (B) not less than 9 years and not more than 40
10 years with respect to 100 grams or more but less
11 than 400 grams of a substance containing heroin, or
12 an analog thereof;
13 (C) not less than 12 years and not more than
14 50 years with respect to 400 grams or more but less
15 than 900 grams of a substance containing heroin, or
16 an analog thereof;
17 (D) not less than 15 years and not more than
18 60 years with respect to 900 grams or more of any
19 substance containing heroin, or an analog thereof;
20 (2) (A) not less than 6 years and not more than 30
21 years with respect to 15 grams or more but less than
22 100 grams of a substance containing cocaine, or an
23 analog thereof;
24 (B) not less than 9 years and not more than 40
25 years with respect to 100 grams or more but less
26 than 400 grams of a substance containing cocaine, or
27 an analog thereof;
28 (C) not less than 12 years and not more than
29 50 years with respect to 400 grams or more but less
30 than 900 grams of a substance containing cocaine, or
31 an analog thereof;
32 (D) not less than 15 years and not more than
33 60 years with respect to 900 grams or more of any
34 substance containing cocaine, or an analog thereof;
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1 (3) (A) not less than 6 years and not more than 30
2 years with respect to 15 grams or more but less than
3 100 grams of a substance containing morphine, or an
4 analog thereof;
5 (B) not less than 9 years and not more than 40
6 years with respect to 100 grams or more but less
7 than 400 grams of a substance containing morphine,
8 or an analog thereof;
9 (C) not less than 12 years and not more than
10 50 years with respect to 400 grams or more but less
11 than 900 grams of a substance containing morphine,
12 or an analog thereof;
13 (D) not less than 15 years and not more than
14 60 years with respect to 900 grams or more of a
15 substance containing morphine, or an analog thereof;
16 (4) 200 grams or more of any substance containing
17 peyote, or an analog thereof;
18 (5) 200 grams or more of any substance containing a
19 derivative of barbituric acid or any of the salts of a
20 derivative of barbituric acid, or an analog thereof;
21 (6) (A) not less than 6 years and not more than 30
22 years with respect to 15 grams or more but less than
23 100 grams of a substance containing amphetamine or
24 methamphetamine or any salt of an optical isomer of
25 amphetamine or methamphetamine, or an analog
26 thereof;
27 (B) not less than 9 years and not more than 40
28 years with respect to 100 grams or more but less
29 than 400 grams of a substance containing amphetamine
30 or methamphetamine or any salt of an optical isomer
31 of amphetamine or methamphetamine, or any analog
32 thereof;
33 (C) not less than 12 years and not more than
34 50 years with respect to 400 grams or more but less
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1 than 900 grams of a substance containing amphetamine
2 or methamphetamine or any salt of an optical isomer
3 of amphetamine or methamphetamine, or an analog
4 thereof;
5 (D) not less than 15 years and not more than
6 60 years with respect to 900 grams or more of any
7 substance containing amphetamine or methamphetamine
8 or any salt of an optical isomer of amphetamine or
9 methamphetamine, or an analog thereof 200 grams or
10 more of any substance containing amphetamine or
11 methamphetamine or any salt of an optical isomer of
12 amphetamine or methamphetamine, or an analog
13 thereof;
14 (7) (A) not less than 6 years and not more than 30
15 years with respect to: (i) 15 grams or more but less
16 than 100 grams of a substance containing lysergic
17 acid diethylamide (LSD), or an analog thereof, or
18 (ii) 15 or more objects or 15 or more segregated
19 parts of an object or objects but less than 200
20 objects or 200 segregated parts of an object or
21 objects containing in them or having upon them any
22 amounts of any substance containing lysergic acid
23 diethylamide (LSD), or an analog thereof;
24 (B) not less than 9 years and not more than 40
25 years with respect to: (i) 100 grams or more but
26 less than 400 grams of a substance containing
27 lysergic acid diethylamide (LSD), or an analog
28 thereof, or (ii) 200 or more objects or 200 or more
29 segregated parts of an object or objects but less
30 than 600 objects or less than 600 segregated parts
31 of an object or objects containing in them or having
32 upon them any amount of any substance containing
33 lysergic acid diethylamide (LSD), or an analog
34 thereof;
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1 (C) not less than 12 years and not more than
2 50 years with respect to: (i) 400 grams or more but
3 less than 900 grams of a substance containing
4 lysergic acid diethylamide (LSD), or an analog
5 thereof, or (ii) 600 or more objects or 600 or more
6 segregated parts of an object or objects but less
7 than 1500 objects or 1500 segregated parts of an
8 object or objects containing in them or having upon
9 them any amount of any substance containing lysergic
10 acid diethylamide (LSD), or an analog thereof;
11 (D) not less than 15 years and not more than
12 60 years with respect to: (i) 900 grams or more of
13 any substance containing lysergic acid diethylamide
14 (LSD), or an analog thereof, or (ii) 1500 or more
15 objects or 1500 or more segregated parts of an
16 object or objects containing in them or having upon
17 them any amount of a substance containing lysergic
18 acid diethylamide (LSD), or an analog thereof;
19 (8) 30 grams or more of any substance containing
20 pentazocine or any of the salts, isomers and salts of
21 isomers of pentazocine, or an analog thereof;
22 (9) 30 grams or more of any substance containing
23 methaqualone or any of the salts, isomers and salts of
24 isomers of methaqualone, or an analog thereof;
25 (10) 30 grams or more of any substance
26 containing phencyclidine or any of the salts, isomers
27 and salts of isomers of phencyclidine (PCP), or an
28 analog thereof;
29 (11) 200 grams or more of any substance containing
30 any other controlled substance classified in Schedules I
31 or II, or an analog thereof, which is not otherwise
32 included in this subsection.
33 (b) Any person sentenced with respect to violations of
34 paragraph (1), (2), (3) or (7) of subsection (a) involving
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1 100 grams or more of the controlled substance named therein,
2 may in addition to the penalties provided therein, be fined
3 an amount not more than $500,000 or the full street value of
4 the controlled or counterfeit substance or controlled
5 substance analog, whichever is greater. The term "street
6 value" shall have the meaning ascribed in Section 110-5 of
7 the Code of Criminal Procedure of 1963. Any person sentenced
8 with respect to any other provision of subsection (a), may in
9 addition to the penalties provided therein, be fined an
10 amount not to exceed $500,000.
11 (c) Any person who violates this Section with regard to
12 the following amounts of controlled or counterfeit substances
13 or controlled substance analogs, notwithstanding any of the
14 provisions of subsections (a), (b), (d), (e), (f), (g) or (h)
15 to the contrary, is guilty of a Class 1 felony. The fine for
16 violation of this subsection (c) shall not be more than
17 $250,000:
18 (1) 10 or more grams but less than 15 grams of any
19 substance containing heroin, or an analog thereof;
20 (2) 1 gram or more but less than 15 grams of any
21 substance containing cocaine, or an analog thereof;
22 (3) 10 grams or more but less than 15 grams of any
23 substance containing morphine, or an analog thereof;
24 (4) 50 grams or more but less than 200 grams of any
25 substance containing peyote, or an analog thereof;
26 (5) 50 grams or more but less than 200 grams of any
27 substance containing a derivative of barbituric acid or
28 any of the salts of a derivative of barbituric acid, or
29 an analog thereof;
30 (6) 1 gram 50 grams or more but less than 15 200
31 grams of any substance containing amphetamine or
32 methamphetamine or any salt of an optical isomer of
33 amphetamine or methamphetamine, or an analog thereof;
34 (7) (i) 5 grams or more but less than 15 grams of
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1 any substance containing lysergic acid diethylamide
2 (LSD), or an analog thereof, or (ii) more than 10 objects
3 or more than 10 segregated parts of an object or objects
4 but less than 15 objects or less than 15 segregated parts
5 of an object containing in them or having upon them any
6 amount of any substance containing lysergic acid
7 diethylamide (LSD), or an analog thereof;
8 (8) 10 grams or more but less than 30 grams of any
9 substance containing pentazocine or any of the salts,
10 isomers and salts of isomers of pentazocine, or an analog
11 thereof;
12 (9) 10 grams or more but less than 30 grams of any
13 substance containing methaqualone or any of the salts,
14 isomers and salts of isomers of methaqualone, or an
15 analog thereof;
16 (10) 10 grams or more but less than 30 grams of any
17 substance containing phencyclidine or any of the salts,
18 isomers and salts of isomers of phencyclidine (PCP), or
19 an analog thereof;
20 (11) 50 grams or more but less than 200 grams of
21 any substance containing a substance classified in
22 Schedules I or II, or an analog thereof, which is not
23 otherwise included in this subsection.
24 (d) Any person who violates this Section with regard to
25 any other amount of a controlled or counterfeit substance
26 classified in Schedules I or II, or an analog thereof, which
27 is (i) a narcotic drug, or (ii) lysergic acid diethylamide
28 (LSD) or an analog thereof, is guilty of a Class 2 felony.
29 The fine for violation of this subsection (d) shall not be
30 more than $200,000.
31 (e) Any person who violates this Section with regard to
32 any other amount of a controlled or counterfeit substance
33 classified in Schedule I or II, or an analog thereof, which
34 substance is not included under subsection (d) of this
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1 Section, is guilty of a Class 3 felony. The fine for
2 violation of this subsection (e) shall not be more than
3 $150,000.
4 (f) Any person who violates this Section with regard to
5 any other amount of a controlled or counterfeit substance
6 classified in Schedule III is guilty of a Class 3 felony. The
7 fine for violation of this subsection (f) shall not be more
8 than $125,000.
9 (g) Any person who violates this Section with regard to
10 any other amount of a controlled or counterfeit substance
11 classified in Schedule IV is guilty of a Class 3 felony. The
12 fine for violation of this subsection (g) shall not be more
13 than $100,000.
14 (h) Any person who violates this Section with regard to
15 any other amount of a controlled or counterfeit substance
16 classified in Schedule V is guilty of a Class 3 felony. The
17 fine for violation of this subsection (h) shall not be more
18 than $75,000.
19 (i) This Section does not apply to the manufacture,
20 possession or distribution of a substance in conformance with
21 the provisions of an approved new drug application or an
22 exemption for investigational use within the meaning of
23 Section 505 of the Federal Food, Drug and Cosmetic Act.
24 (Source: P.A. 89-404, eff. 8-20-95.)
25 (720 ILCS 570/402) (from Ch. 56 1/2, par. 1402)
26 Sec. 402. Except as otherwise authorized by this Act, it
27 is unlawful for any person knowingly to possess a controlled
28 or counterfeit substance. A violation of this Act with
29 respect to each of the controlled substances listed herein
30 constitutes a single and separate violation of this Act.
31 (a) Any person who violates this Section with respect to
32 the following controlled or counterfeit substances and
33 amounts, notwithstanding any of the provisions of subsection
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1 (c) and (d) to the contrary, is guilty of a Class 1 felony
2 and shall, if sentenced to a term of imprisonment, be
3 sentenced as provided in this subsection (a) and fined as
4 provided in subsection (b):
5 (1) (A) not less than 4 years and not more than 15
6 years with respect to 15 grams or more but less than
7 100 grams of a substance containing heroin;
8 (B) not less than 6 years and not more than 30
9 years with respect to 100 grams or more but less
10 than 400 grams of a substance containing heroin;
11 (C) not less than 8 years and not more than 40
12 years with respect to 400 grams or more but less
13 than 900 grams of any substance containing heroin;
14 (D) not less than 10 years and not more than
15 50 years with respect to 900 grams or more of any
16 substance containing heroin;
17 (2) (A) not less than 4 years and not more than 15
18 years with respect to 15 grams or more but less than
19 100 grams of any substance containing cocaine;
20 (B) not less than 6 years and not more than 30
21 years with respect to 100 grams or more but less
22 than 400 grams of any substance containing cocaine;
23 (C) not less than 8 years and not more than 40
24 years with respect to 400 grams or more but less
25 than 900 grams of any substance containing cocaine;
26 (D) not less than 10 years and not more than
27 50 years with respect to 900 grams or more of any
28 substance containing cocaine;
29 (3) (A) not less than 4 years and not more than 15
30 years with respect to 15 grams or more but less than
31 100 grams of any substance containing morphine;
32 (B) not less than 6 years and not more than 30
33 years with respect to 100 grams or more but less
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1 than 400 grams of any substance containing morphine;
2 (C) not less than 8 years and not more than 40
3 years with respect to 400 grams or more but less
4 than 900 grams of any substance containing morphine;
5 (D) not less than 10 years and not more than
6 50 years with respect to 900 grams or more of any
7 substance containing morphine;
8 (4) 200 grams or more of any substance containing
9 peyote;
10 (5) 200 grams or more of any substance containing a
11 derivative of barbituric acid or any of the salts of a
12 derivative of barbituric acid;
13 (6) (A) not less than 4 years and not more than 15
14 years with respect to 15 grams or more but less than
15 100 grams of a substance containing amphetamine or
16 methamphetamine or any salt of an optical isomer of
17 amphetamine or methamphetamine;
18 (B) not less than 6 years and not more than 30
19 years with respect to 100 grams or more but less
20 than 400 grams of a substance containing amphetamine
21 or methamphetamine or any salt of an optical isomer
22 of amphetamine or methamphetamine;
23 (C) not less than 8 years and not more than 40
24 years with respect to 400 grams or more but less
25 than 900 grams of a substance containing amphetamine
26 or methamphetamine or any salt of an optical isomer
27 of amphetamine or methamphetamine;
28 (D) not less than 10 years and not more than
29 50 years with respect to 900 grams or more of any
30 substance containing amphetamine or methamphetamine
31 or any salt of an optical isomer of amphetamine or
32 methamphetamine 200 grams or more of any substance
33 containing amphetamine or methamphetamine or any
34 salt of an optical isomer of amphetamine or
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1 methamphetamine;
2 (7) (A) not less than 4 years and not more than 15
3 years with respect to: (i) 15 grams or more but less
4 than 100 grams of any substance containing lysergic
5 acid diethylamide (LSD), or an analog thereof, or
6 (ii) 15 or more objects or 15 or more segregated
7 parts of an object or objects but less than 200
8 objects or 200 segregated parts of an object or
9 objects containing in them or having upon them any
10 amount of any substance containing lysergic acid
11 diethylamide (LSD), or an analog thereof;
12 (B) not less than 6 years and not more than 30
13 years with respect to: (i) 100 grams or more but
14 less than 400 grams of any substance containing
15 lysergic acid diethylamide (LSD), or an analog
16 thereof, or (ii) 200 or more objects or 200 or more
17 segregated parts of an object or objects but less
18 than 600 objects or less than 600 segregated parts
19 of an object or objects containing in them or having
20 upon them any amount of any substance containing
21 lysergic acid diethylamide (LSD), or an analog
22 thereof;
23 (C) not less than 8 years and not more than 40
24 years with respect to: (i) 400 grams or more but
25 less than 900 grams of any substance containing
26 lysergic acid diethylamide (LSD), or an analog
27 thereof, or (ii) 600 or more objects or 600 or more
28 segregated parts of an object or objects but less
29 than 1500 objects or 1500 segregated parts of an
30 object or objects containing in them or having upon
31 them any amount of any substance containing lysergic
32 acid diethylamide (LSD), or an analog thereof;
33 (D) not less than 10 years and not more than
34 50 years with respect to: (i) 900 grams or more of
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1 any substance containing lysergic acid diethylamide
2 (LSD), or an analog thereof, or (ii) 1500 or more
3 objects or 1500 or more segregated parts of an
4 object or objects containing in them or having upon
5 them any amount of a substance containing lysergic
6 acid diethylamide (LSD), or an analog thereof;
7 (8) 30 grams or more of any substance containing
8 pentazocine or any of the salts, isomers and salts of
9 isomers of pentazocine, or an analog thereof;
10 (9) 30 grams or more of any substance containing
11 methaqualone or any of the salts, isomers and salts of
12 isomers of methaqualone;
13 (10) 30 grams or more of any substance containing
14 phencyclidine or any of the salts, isomers and salts of
15 isomers of phencyclidine (PCP);
16 (11) 200 grams or more of any substance containing
17 any substance classified as a narcotic drug in Schedules
18 I or II which is not otherwise included in this
19 subsection.
20 (b) Any person sentenced with respect to violations of
21 paragraph (1), (2), (3) or (7) of subsection (a) involving
22 100 grams or more of the controlled substance named therein,
23 may in addition to the penalties provided therein, be fined
24 an amount not to exceed $200,000 or the full street value of
25 the controlled or counterfeit substances, whichever is
26 greater. The term "street value" shall have the meaning
27 ascribed in Section 110-5 of the Code of Criminal Procedure
28 of 1963. Any person sentenced with respect to any other
29 provision of subsection (a), may in addition to the penalties
30 provided therein, be fined an amount not to exceed $200,000.
31 (c) Any person who violates this Section with regard to
32 an amount of a controlled or counterfeit substance not set
33 forth in subsection (a) or (d) is guilty of a Class 4 felony.
34 The fine for a violation punishable under this subsection (c)
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1 shall not be more than $15,000.
2 (d) Any person who violates this Section with regard to
3 any amount of anabolic steroid is guilty of a Class C
4 misdemeanor for the first offense and a Class B misdemeanor
5 for a subsequent offense committed within 2 years of a prior
6 conviction.
7 (Source: P.A. 89-404, eff. 8-20-95.)
8 Section 10. The Unified Code of Corrections is amended
9 by 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 before amendment by P.A. 89-507 and
12 89-688)
13 Sec. 5-5-3. Disposition.
14 (a) 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
25 repair the damage, if the offender was convicted under
26 paragraph (h) of Section 21-1 of the Criminal Code of
27 1961.
28 (6) A fine.
29 (7) An order directing the offender to make
30 restitution to the victim under Section 5-5-6 of this
31 Code.
32 (8) A sentence of participation in a county impact
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1 incarceration program under Section 5-8-1.2 of this Code.
2 Whenever an individual is sentenced for an offense based
3 upon an arrest for a violation of Section 11-501 of the
4 Illinois Vehicle Code, or a similar provision of a local
5 ordinance, and the professional evaluation recommends
6 remedial or rehabilitative treatment or education, neither
7 the treatment nor the education shall be the sole disposition
8 and either or both may be imposed only in conjunction with
9 another disposition. The court shall monitor compliance with
10 any remedial education or treatment recommendations contained
11 in the professional evaluation. Programs conducting alcohol
12 or other drug evaluation or remedial education must be
13 licensed by the Department of Alcoholism and Substance Abuse.
14 However, if the individual is not a resident of Illinois, the
15 court may accept an alcohol or other drug evaluation or
16 remedial education program in the state of such individual's
17 residence. Programs providing treatment must be licensed
18 under existing applicable alcoholism and drug treatment
19 licensure standards.
20 In addition to any other fine or penalty required by law,
21 any individual convicted of a violation of Section 11-501 of
22 the Illinois Vehicle Code or a similar provision of local
23 ordinance, whose operation of a motor vehicle while in
24 violation of Section 11-501 or such ordinance proximately
25 caused an incident resulting in an appropriate emergency
26 response, shall be required to make restitution to a public
27 agency for the costs of that emergency response. Such
28 restitution shall not exceed $500 per public agency for each
29 such emergency response. For the purpose of this paragraph,
30 emergency response shall mean any incident requiring a
31 response by: a police officer as defined under Section 1-162
32 of the Illinois Vehicle Code; a fireman carried on the rolls
33 of a regularly constituted fire department; and an ambulance
34 as defined under Section 4.05 of the Emergency Medical
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1 Services (EMS) Systems Act.
2 Neither a fine nor restitution shall be the sole
3 disposition for a felony and either or both may be imposed
4 only in conjunction with another disposition.
5 (c) (1) When a defendant is found guilty of first degree
6 murder the State may either seek a sentence of
7 imprisonment under Section 5-8-1 of this Code, or where
8 appropriate seek a sentence of death under Section 9-1 of
9 the Criminal Code of 1961.
10 (2) A period of probation, a term of periodic
11 imprisonment or conditional discharge shall not be
12 imposed for the following offenses. The court shall
13 sentence the offender to not less than the minimum term
14 of imprisonment set forth in this Code for the following
15 offenses, and may order a fine or restitution or both in
16 conjunction with such term of imprisonment:
17 (A) First degree murder where the death
18 penalty is not imposed.
19 (B) Attempted first degree murder.
20 (C) A Class X felony.
21 (D) A violation of Section 401.1 or 407 of the
22 Illinois Controlled Substances Act, or a violation
23 of subdivision (c)(2) of Section 401 of that Act
24 which relates to more than 5 grams of a substance
25 containing cocaine or an analog thereof.
26 (D-5) A violation of subdivision (c)(6) of
27 Section 401 of the Illinois Controlled Substances
28 Act which relates to more than 5 grams of a
29 substance containing amphetamine or methamphetamine,
30 or any salt of an optical isomer of amphetamine or
31 methamphetamine, or an analog thereof.
32 (E) A violation of Section 5.1 or 9 of the
33 Cannabis Control Act.
34 (F) A Class 2 or greater felony if the
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1 offender had been convicted of a Class 2 or greater
2 felony within 10 years of the date on which he
3 committed the offense for which he is being
4 sentenced.
5 (G) Residential burglary.
6 (H) Criminal sexual assault, except as
7 otherwise provided in subsection (e) of this
8 Section.
9 (I) Aggravated battery of a senior citizen.
10 (J) A forcible felony if the offense was
11 related to the activities of an organized gang.
12 Before July 1, 1994, for the purposes of this
13 paragraph, "organized gang" means an association of
14 5 or more persons, with an established hierarchy,
15 that encourages members of the association to
16 perpetrate crimes or provides support to the members
17 of the association who do commit crimes.
18 Beginning July 1, 1994, for the purposes of
19 this paragraph, "organized gang" has the meaning
20 ascribed to it in Section 10 of the Illinois
21 Streetgang Terrorism Omnibus Prevention Act.
22 (K) Vehicular hijacking.
23 (L) A second or subsequent conviction for the
24 offense of hate crime when the underlying offense
25 upon which the hate crime is based is felony
26 aggravated assault or felony mob action.
27 (M) A second or subsequent conviction for the
28 offense of institutional vandalism if the damage to
29 the property exceeds $300.
30 (N) A Class 3 felony violation of paragraph
31 (1) of subsection (a) of Section 2 of the Firearm
32 Owners Identification Card Act.
33 (O) A violation of Section 12-6.1 of the
34 Criminal Code of 1961.
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1 (3) A minimum term of imprisonment of not less than
2 48 consecutive hours or 100 hours of community service as
3 may be determined by the court shall be imposed for a
4 second or subsequent violation committed within 5 years
5 of a previous violation of Section 11-501 of the Illinois
6 Vehicle Code or a similar provision of a local ordinance.
7 (4) A minimum term of imprisonment of not less than
8 7 consecutive days or 30 days of community service shall
9 be imposed for a violation of paragraph (c) of Section
10 6-303 of the Illinois Vehicle Code.
11 (4.1) A minimum term of 30 consecutive days of
12 imprisonment, 40 days of 24 hour periodic imprisonment or
13 720 hours of community service, as may be determined by
14 the court, shall be imposed for a violation of Section
15 11-501 of the Illinois Vehicle Code during a period in
16 which the defendant's driving privileges are revoked or
17 suspended, where the revocation or suspension was for a
18 violation of Section 11-501 or Section 11-501.1 of that
19 Code.
20 (5) The court may sentence an offender convicted of
21 a 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
26 Section 5-5-6 of this Code.
27 (6) In no case shall an offender be eligible for a
28 disposition of probation or conditional discharge for a
29 Class 1 felony committed while he was serving a term of
30 probation or conditional discharge for a felony.
31 (7) When a defendant is adjudged a habitual
32 criminal under Article 33B of the Criminal Code of 1961,
33 the court shall sentence the defendant to a term of
34 natural life imprisonment.
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1 (8) When a defendant, over the age of 21 years, is
2 convicted of a Class 1 or Class 2 felony, after having
3 twice been convicted of any Class 2 or greater Class
4 felonies in Illinois, and such charges are separately
5 brought and tried and arise out of different series of
6 acts, such defendant shall be sentenced as a Class X
7 offender. This paragraph shall not apply unless (1) the
8 first felony was committed after the effective date of
9 this amendatory Act of 1977; and (2) the second felony
10 was committed after conviction on the first; and (3) the
11 third felony was committed after conviction on the
12 second.
13 (9) A defendant convicted of a second or subsequent
14 offense of ritualized abuse of a child may be sentenced
15 to a term of natural life imprisonment.
16 (10) Beginning July 1, 1994, unless sentencing
17 under Section 33B-1 is applicable, a term of imprisonment
18 of not less than 15 years nor more than 50 years shall be
19 imposed on a defendant who violates Section 33A-2 of the
20 Criminal Code of 1961 with a firearm, when that person
21 has been convicted in any state or federal court of 3 or
22 more of the following offenses: treason, first degree
23 murder, second degree murder, aggravated criminal sexual
24 assault, criminal sexual assault, robbery, burglary,
25 arson, kidnaping, aggravated battery resulting in great
26 bodily harm or permanent disability or disfigurement, or
27 a violation of Section 401(a) of the Illinois Controlled
28 Substances Act, when the third offense was committed
29 after conviction on the second, the second offense was
30 committed after conviction on the first, and the
31 violation of Section 33A-2 of the Criminal Code of 1961
32 was committed after conviction on the third.
33 (11) Beginning July 1, 1994, a term of imprisonment
34 of not less than 10 years and not more than 30 years
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1 shall be imposed on a defendant who violates Section
2 33A-2 with a Category I weapon where the offense was
3 committed in any school, or any conveyance owned, leased,
4 or contracted by a school to transport students to or
5 from school or a school related activity, on the real
6 property comprising any school or public park, and where
7 the offense was related to the activities of an organized
8 gang. For the purposes of this paragraph (11),
9 "organized gang" has the meaning ascribed to it in
10 Section 10 of the Illinois Streetgang Terrorism Omnibus
11 Prevention Act.
12 (d) In any case in which a sentence originally imposed
13 is vacated, the case shall be remanded to the trial court.
14 The trial court shall hold a hearing under Section 5-4-1 of
15 the Unified Code of Corrections which may include evidence of
16 the defendant's life, moral character and occupation during
17 the time since the original sentence was passed. The trial
18 court shall then impose sentence upon the defendant. The
19 trial court may impose any sentence which could have been
20 imposed at the original trial subject to Section 5-5-4 of the
21 Unified Code of Corrections.
22 (e) In cases where prosecution for criminal sexual
23 assault or aggravated criminal sexual abuse under Section
24 12-13 or 12-16 of the Criminal Code of 1961 results in
25 conviction of a defendant who was a family member of the
26 victim at the time of the commission of the offense, the
27 court shall consider the safety and welfare of the victim and
28 may impose a sentence of probation only where:
29 (1) the court finds (A) or (B) or both are
30 appropriate:
31 (A) the defendant is willing to undergo a
32 court approved counseling program for a minimum
33 duration of 2 years; or
34 (B) the defendant is willing to participate in
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1 a court approved plan including but not limited to
2 the defendant's:
3 (i) removal from the household;
4 (ii) restricted contact with the victim;
5 (iii) continued financial support of the
6 family;
7 (iv) restitution for harm done to the
8 victim; and
9 (v) compliance with any other measures
10 that the court may deem appropriate; and
11 (2) the court orders the defendant to pay for the
12 victim's counseling services, to the extent that the
13 court finds, after considering the defendant's income and
14 assets, that the defendant is financially capable of
15 paying for such services, if the victim was under 18
16 years of age at the time the offense was committed and
17 requires counseling as a result of the offense.
18 Probation may be revoked or modified pursuant to Section
19 5-6-4; except where the court determines at the hearing that
20 the defendant violated a condition of his or her probation
21 restricting contact with the victim or other family members
22 or commits another offense with the victim or other family
23 members, the court shall revoke the defendant's probation and
24 impose a term of imprisonment.
25 For the purposes of this Section, "family member" and
26 "victim" shall have the meanings ascribed to them in Section
27 12-12 of the Criminal Code of 1961.
28 (f) This Article shall not deprive a court in other
29 proceedings to order a forfeiture of property, to suspend or
30 cancel a license, to remove a person from office, or to
31 impose any other civil penalty.
32 (g) Whenever a defendant is convicted of an offense
33 under Sections 11-14, 11-15, 11-15.1, 11-16, 11-17, 11-18,
34 11-18.1, 11-19, 11-19.1, 11-19.2, 12-13, 12-14, 12-14.1,
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1 12-15 or 12-16 of the Criminal Code of 1961, the defendant
2 shall undergo medical testing to determine whether the
3 defendant has any sexually transmissible disease, including a
4 test for infection with human immunodeficiency virus (HIV) or
5 any other identified causative agent of acquired
6 immunodeficiency syndrome (AIDS). Any such medical test
7 shall be performed only by appropriately licensed medical
8 practitioners and may include an analysis of any bodily
9 fluids as well as an examination of the defendant's person.
10 Except as otherwise provided by law, the results of such test
11 shall be kept strictly confidential by all medical personnel
12 involved in the testing and must be personally delivered in a
13 sealed envelope to the judge of the court in which the
14 conviction was entered for the judge's inspection in camera.
15 Acting in accordance with the best interests of the victim
16 and the public, the judge shall have the discretion to
17 determine to whom, if anyone, the results of the testing may
18 be revealed. The court shall notify the defendant of the test
19 results. The court shall also notify the victim if requested
20 by the victim, and if the victim is under the age of 15 and
21 if requested by the victim's parents or legal guardian, the
22 court shall notify the victim's parents or legal guardian of
23 the test results. The court shall provide information on the
24 availability of HIV testing and counseling at Department of
25 Public Health facilities to all parties to whom the results
26 of the testing are revealed and shall direct the State's
27 Attorney to provide the information to the victim when
28 possible. A State's Attorney may petition the court to obtain
29 the results of any HIV test administered under this Section,
30 and the court shall grant the disclosure if the State's
31 Attorney shows it is relevant in order to prosecute a charge
32 of criminal transmission of HIV under Section 12-16.2 of the
33 Criminal Code of 1961 against the defendant. The court shall
34 order that the cost of any such test shall be paid by the
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1 county and may be taxed as costs against the convicted
2 defendant.
3 (g-5) When an inmate is tested for an airborne
4 communicable disease, as determined by the Illinois
5 Department of Public Health including but not limited to
6 tuberculosis, the results of the test shall be personally
7 delivered by the warden or his or her designee in a sealed
8 envelope to the judge of the court in which the inmate must
9 appear for the judge's inspection in camera if requested by
10 the judge. Acting in accordance with the best interests of
11 those in the courtroom, the judge shall have the discretion
12 to determine what if any precautions need to be taken to
13 prevent transmission of the disease in the courtroom.
14 (h) Whenever a defendant is convicted of an offense
15 under Section 1 or 2 of the Hypodermic Syringes and Needles
16 Act, the defendant shall undergo medical testing to determine
17 whether the defendant has been exposed to human
18 immunodeficiency virus (HIV) or any other identified
19 causative agent of acquired immunodeficiency syndrome (AIDS).
20 Except as otherwise provided by law, the results of such test
21 shall be kept strictly confidential by all medical personnel
22 involved in the testing and must be personally delivered in a
23 sealed envelope to the judge of the court in which the
24 conviction was entered for the judge's inspection in camera.
25 Acting in accordance with the best interests of the public,
26 the judge shall have the discretion to determine to whom, if
27 anyone, the results of the testing may be revealed. The court
28 shall notify the defendant of a positive test showing an
29 infection with the human immunodeficiency virus (HIV). The
30 court shall provide information on the availability of HIV
31 testing and counseling at Department of Public Health
32 facilities to all parties to whom the results of the testing
33 are revealed and shall direct the State's Attorney to provide
34 the information to the victim when possible. A State's
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1 Attorney may petition the court to obtain the results of any
2 HIV test administered under this Section, and the court
3 shall grant the disclosure if the State's Attorney shows it
4 is relevant in order to prosecute a charge of criminal
5 transmission of HIV under Section 12-16.2 of the Criminal
6 Code of 1961 against the defendant. The court shall order
7 that the cost of any such test shall be paid by the county
8 and may be taxed as costs against the convicted defendant.
9 (i) All fines and penalties imposed under this Section
10 for any violation of Chapters 3, 4, 6, and 11 of the Illinois
11 Vehicle Code, or a similar provision of a local ordinance,
12 and any violation of the Child Passenger Protection Act, or a
13 similar provision of a local ordinance, shall be collected
14 and disbursed by the circuit clerk as provided under Section
15 27.5 of the Clerks of Courts Act.
16 (j) In cases when prosecution for any violation of
17 Section 11-6, 11-8, 11-9, 11-11, 11-14, 11-15, 11-15.1,
18 11-16, 11-17, 11-17.1, 11-18, 11-18.1, 11-19, 11-19.1,
19 11-19.2, 11-20.1, 11-21, 12-13, 12-14, 12-14.1, 12-15, or
20 12-16 of the Criminal Code of 1961, any violation of the
21 Illinois Controlled Substances Act, or any violation of the
22 Cannabis Control Act results in conviction, a disposition of
23 court supervision, or an order of probation granted under
24 Section 10 of the Cannabis Control Act or Section 410 of the
25 Illinois Controlled Substance Act of a defendant, the court
26 shall determine whether the defendant is employed by a
27 facility or center as defined under the Child Care Act of
28 1969, a public or private elementary or secondary school, or
29 otherwise works with children under 18 years of age on a
30 daily basis. When a defendant is so employed, the court
31 shall order the Clerk of the Court to send a copy of the
32 judgment of conviction or order of supervision or probation
33 to the defendant's employer by certified mail. If the
34 employer of the defendant is a school, the Clerk of the Court
HB0722 Engrossed -24- LRB9000500RCks
1 shall direct the mailing of a copy of the judgment of
2 conviction or order of supervision or probation to the
3 appropriate regional superintendent of schools. The regional
4 superintendent of schools shall notify the State Board of
5 Education of any notification under this subsection.
6 (k) A court may not impose a sentence or disposition for
7 a felony or misdemeanor that requires the defendant to be
8 implanted or injected with or to use any form of birth
9 control.
10 (l)(A) Except as provided in paragraph (C) of subsection
11 (l), whenever a defendant, who is an alien as defined by the
12 Immigration and Nationality Act, is convicted of any felony
13 or misdemeanor offense, the court after sentencing the
14 defendant may, upon motion of the State's Attorney, hold
15 sentence in abeyance and remand the defendant to the custody
16 of the Attorney General of the United States or his or her
17 designated agent to be deported when:
18 (1) a final order of deportation has been issued
19 against the defendant pursuant to proceedings under the
20 Immigration and Nationality Act, and
21 (2) the deportation of the defendant would not
22 deprecate the seriousness of the defendant's conduct and
23 would not be inconsistent with the ends of justice.
24 Otherwise, the defendant shall be sentenced as provided
25 in this Chapter V.
26 (B) If the defendant has already been sentenced for a
27 felony or misdemeanor offense, or has been placed on
28 probation under Section 10 of the Cannabis Control Act or
29 Section 410 of the Illinois Controlled Substances Act, the
30 court may, upon motion of the State's Attorney to suspend the
31 sentence imposed, commit the defendant to the custody of the
32 Attorney General of the United States or his or her
33 designated agent when:
34 (1) a final order of deportation has been issued
HB0722 Engrossed -25- LRB9000500RCks
1 against the defendant pursuant to proceedings under the
2 Immigration and Nationality Act, and
3 (2) the deportation of the defendant would not
4 deprecate the seriousness of the defendant's conduct and
5 would not be inconsistent with the ends of justice.
6 (C) This subsection (l) does not apply to offenders who
7 are subject to the provisions of paragraph (2) of subsection
8 (a) of Section 3-6-3.
9 (D) Upon motion of the State's Attorney, if a defendant
10 sentenced under this Section returns to the jurisdiction of
11 the United States, the defendant shall be recommitted to the
12 custody of the county from which he or she was sentenced.
13 Thereafter, the defendant shall be brought before the
14 sentencing court, which may impose any sentence that was
15 available under Section 5-5-3 at the time of initial
16 sentencing. In addition, the defendant shall not be eligible
17 for additional good conduct credit for meritorious service as
18 provided under Section 3-6-6.
19 (Source: P.A. 88-45; 88-336; 88-351; 88-460; 88-467; 88-510;
20 88-659; 88-670, eff. 12-2-94; 88-680, eff. 1-1-95; 89-8, eff.
21 3-21-95; 89-314, eff. 1-1-96; 89-428, eff. 12-13-95; 89-462,
22 eff. 5-29-96; 89-477, eff. 6-18-96; 89-545, eff. 7-25-96;
23 89-587, eff. 7-31-96; 89-627, eff. 1-1-97; revised 1-7-97.)
24 (Text of Section after amendment by P.A. 89-507 and
25 89-688)
26 Sec. 5-5-3. Disposition.
27 (a) Every person convicted of an offense shall be
28 sentenced as provided in this Section.
29 (b) The following options shall be appropriate
30 dispositions, alone or in combination, for all felonies and
31 misdemeanors other than those identified in subsection (c) of
32 this Section:
33 (1) A period of probation.
34 (2) A term of periodic imprisonment.
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1 (3) A term of conditional discharge.
2 (4) A term of imprisonment.
3 (5) An order directing the offender to clean up and
4 repair the damage, if the offender was convicted under
5 paragraph (h) of Section 21-1 of the Criminal Code of
6 1961.
7 (6) A fine.
8 (7) An order directing the offender to make
9 restitution to the victim under Section 5-5-6 of this
10 Code.
11 (8) A sentence of participation in a county impact
12 incarceration program under Section 5-8-1.2 of this Code.
13 Whenever an individual is sentenced for an offense based
14 upon an arrest for a violation of Section 11-501 of the
15 Illinois Vehicle Code, or a similar provision of a local
16 ordinance, and the professional evaluation recommends
17 remedial or rehabilitative treatment or education, neither
18 the treatment nor the education shall be the sole disposition
19 and either or both may be imposed only in conjunction with
20 another disposition. The court shall monitor compliance with
21 any remedial education or treatment recommendations contained
22 in the professional evaluation. Programs conducting alcohol
23 or other drug evaluation or remedial education must be
24 licensed by the Department of Human Services. However, if
25 the individual is not a resident of Illinois, the court may
26 accept an alcohol or other drug evaluation or remedial
27 education program in the state of such individual's
28 residence. Programs providing treatment must be licensed
29 under existing applicable alcoholism and drug treatment
30 licensure standards.
31 In addition to any other fine or penalty required by law,
32 any individual convicted of a violation of Section 11-501 of
33 the Illinois Vehicle Code or a similar provision of local
34 ordinance, whose operation of a motor vehicle while in
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1 violation of Section 11-501 or such ordinance proximately
2 caused an incident resulting in an appropriate emergency
3 response, shall be required to make restitution to a public
4 agency for the costs of that emergency response. Such
5 restitution shall not exceed $500 per public agency for each
6 such emergency response. For the purpose of this paragraph,
7 emergency response shall mean any incident requiring a
8 response by: a police officer as defined under Section 1-162
9 of the Illinois Vehicle Code; a fireman carried on the rolls
10 of a regularly constituted fire department; and an ambulance
11 as defined under Section 4.05 of the Emergency Medical
12 Services (EMS) Systems Act.
13 Neither a fine nor restitution shall be the sole
14 disposition for a felony and either or both may be imposed
15 only 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
18 imprisonment under Section 5-8-1 of this Code, or where
19 appropriate seek a sentence of death under Section 9-1 of
20 the Criminal Code of 1961.
21 (2) A period of probation, a term of periodic
22 imprisonment or conditional discharge shall not be
23 imposed for the following offenses. The court shall
24 sentence the offender to not less than the minimum term
25 of imprisonment set forth in this Code for the following
26 offenses, and may order a fine or restitution or both in
27 conjunction with such term of imprisonment:
28 (A) First degree murder where the death
29 penalty is not imposed.
30 (B) Attempted first degree murder.
31 (C) A Class X felony.
32 (D) A violation of Section 401.1 or 407 of the
33 Illinois Controlled Substances Act, or a violation
34 of subdivision (c)(2) of Section 401 of that Act
HB0722 Engrossed -28- LRB9000500RCks
1 which relates to more than 5 grams of a substance
2 containing cocaine or an analog thereof.
3 (D-5) A violation of subdivision (c)(6) of
4 Section 401 of the Illinois Controlled Substances
5 Act which relates to more than 5 grams of a
6 substance containing amphetamine or methamphetamine,
7 or any salt of an optical isomer of amphetamine or
8 methamphetamine, or an analog thereof.
9 (E) A violation of Section 5.1 or 9 of the
10 Cannabis Control Act.
11 (F) A Class 2 or greater felony if the
12 offender had been convicted of a Class 2 or greater
13 felony within 10 years of the date on which he
14 committed the offense for which he is being
15 sentenced.
16 (G) Residential burglary.
17 (H) Criminal sexual assault, except as
18 otherwise provided in subsection (e) of this
19 Section.
20 (I) Aggravated battery of a senior citizen.
21 (J) A forcible felony if the offense was
22 related to the activities of an organized gang.
23 Before July 1, 1994, for the purposes of this
24 paragraph, "organized gang" means an association of
25 5 or more persons, with an established hierarchy,
26 that encourages members of the association to
27 perpetrate crimes or provides support to the members
28 of the association who do commit crimes.
29 Beginning July 1, 1994, for the purposes of
30 this paragraph, "organized gang" has the meaning
31 ascribed to it in Section 10 of the Illinois
32 Streetgang Terrorism Omnibus Prevention Act.
33 (K) Vehicular hijacking.
34 (L) A second or subsequent conviction for the
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1 offense of hate crime when the underlying offense
2 upon which the hate crime is based is felony
3 aggravated assault or felony mob action.
4 (M) A second or subsequent conviction for the
5 offense of institutional vandalism if the damage to
6 the property exceeds $300.
7 (N) A Class 3 felony violation of paragraph
8 (1) of subsection (a) of Section 2 of the Firearm
9 Owners Identification Card Act.
10 (O) A violation of Section 12-6.1 of the
11 Criminal Code of 1961.
12 (3) A minimum term of imprisonment of not less than
13 48 consecutive hours or 100 hours of community service as
14 may be determined by the court shall be imposed for a
15 second or subsequent violation committed within 5 years
16 of a previous violation of Section 11-501 of the Illinois
17 Vehicle Code or a similar provision of a local ordinance.
18 (4) A minimum term of imprisonment of not less than
19 7 consecutive days or 30 days of community service shall
20 be imposed for a violation of paragraph (c) of Section
21 6-303 of the Illinois Vehicle Code.
22 (4.1) A minimum term of 30 consecutive days of
23 imprisonment, 40 days of 24 hour periodic imprisonment or
24 720 hours of community service, as may be determined by
25 the court, shall be imposed for a violation of Section
26 11-501 of the Illinois Vehicle Code during a period in
27 which the defendant's driving privileges are revoked or
28 suspended, where the revocation or suspension was for a
29 violation of Section 11-501 or Section 11-501.1 of that
30 Code.
31 (5) The court may sentence an offender convicted of
32 a business offense or a petty offense or a corporation or
33 unincorporated association convicted of any offense to:
34 (A) a period of conditional discharge;
HB0722 Engrossed -30- LRB9000500RCks
1 (B) a fine;
2 (C) make restitution to the victim under
3 Section 5-5-6 of this Code.
4 (6) In no case shall an offender be eligible for a
5 disposition of probation or conditional discharge for a
6 Class 1 felony committed while he was serving a term of
7 probation or conditional discharge for a felony.
8 (7) When a defendant is adjudged a habitual
9 criminal under Article 33B of the Criminal Code of 1961,
10 the court shall sentence the defendant to a term of
11 natural life imprisonment.
12 (8) When a defendant, over the age of 21 years, is
13 convicted of a Class 1 or Class 2 felony, after having
14 twice been convicted of any Class 2 or greater Class
15 felonies in Illinois, and such charges are separately
16 brought and tried and arise out of different series of
17 acts, such defendant shall be sentenced as a Class X
18 offender. This paragraph shall not apply unless (1) the
19 first felony was committed after the effective date of
20 this amendatory Act of 1977; and (2) the second felony
21 was committed after conviction on the first; and (3) the
22 third felony was committed after conviction on the
23 second.
24 (9) A defendant convicted of a second or subsequent
25 offense of ritualized abuse of a child may be sentenced
26 to a term of natural life imprisonment.
27 (10) Beginning July 1, 1994, unless sentencing
28 under Section 33B-1 is applicable, a term of imprisonment
29 of not less than 15 years nor more than 50 years shall be
30 imposed on a defendant who violates Section 33A-2 of the
31 Criminal Code of 1961 with a firearm, when that person
32 has been convicted in any state or federal court of 3 or
33 more of the following offenses: treason, first degree
34 murder, second degree murder, aggravated criminal sexual
HB0722 Engrossed -31- LRB9000500RCks
1 assault, criminal sexual assault, robbery, burglary,
2 arson, kidnaping, aggravated battery resulting in great
3 bodily harm or permanent disability or disfigurement, or
4 a violation of Section 401(a) of the Illinois Controlled
5 Substances Act, when the third offense was committed
6 after conviction on the second, the second offense was
7 committed after conviction on the first, and the
8 violation of Section 33A-2 of the Criminal Code of 1961
9 was committed after conviction on the third.
10 (11) Beginning July 1, 1994, a term of imprisonment
11 of not less than 10 years and not more than 30 years
12 shall be imposed on a defendant who violates Section
13 33A-2 with a Category I weapon where the offense was
14 committed in any school, or any conveyance owned, leased,
15 or contracted by a school to transport students to or
16 from school or a school related activity, on the real
17 property comprising any school or public park, and where
18 the offense was related to the activities of an organized
19 gang. For the purposes of this paragraph (11),
20 "organized gang" has the meaning ascribed to it in
21 Section 10 of the Illinois Streetgang Terrorism Omnibus
22 Prevention Act.
23 (d) In any case in which a sentence originally imposed
24 is vacated, the case shall be remanded to the trial court.
25 The trial court shall hold a hearing under Section 5-4-1 of
26 the Unified Code of Corrections which may include evidence of
27 the defendant's life, moral character and occupation during
28 the time since the original sentence was passed. The trial
29 court shall then impose sentence upon the defendant. The
30 trial court may impose any sentence which could have been
31 imposed at the original trial subject to Section 5-5-4 of the
32 Unified Code of Corrections.
33 (e) In cases where prosecution for criminal sexual
34 assault or aggravated criminal sexual abuse under Section
HB0722 Engrossed -32- LRB9000500RCks
1 12-13 or 12-16 of the Criminal Code of 1961 results in
2 conviction of a defendant who was a family member of the
3 victim at the time of the commission of the offense, the
4 court shall consider the safety and welfare of the victim and
5 may impose a sentence of probation only where:
6 (1) the court finds (A) or (B) or both are
7 appropriate:
8 (A) the defendant is willing to undergo a
9 court approved counseling program for a minimum
10 duration of 2 years; or
11 (B) the defendant is willing to participate in
12 a court approved plan including but not limited to
13 the defendant's:
14 (i) removal from the household;
15 (ii) restricted contact with the victim;
16 (iii) continued financial support of the
17 family;
18 (iv) restitution for harm done to the
19 victim; and
20 (v) compliance with any other measures
21 that the court may deem appropriate; and
22 (2) the court orders the defendant to pay for the
23 victim's counseling services, to the extent that the
24 court finds, after considering the defendant's income and
25 assets, that the defendant is financially capable of
26 paying for such services, if the victim was under 18
27 years of age at the time the offense was committed and
28 requires counseling as a result of the offense.
29 Probation may be revoked or modified pursuant to Section
30 5-6-4; except where the court determines at the hearing that
31 the defendant violated a condition of his or her probation
32 restricting contact with the victim or other family members
33 or commits another offense with the victim or other family
34 members, the court shall revoke the defendant's probation and
HB0722 Engrossed -33- LRB9000500RCks
1 impose a term of imprisonment.
2 For the purposes of this Section, "family member" and
3 "victim" shall have the meanings ascribed to them in Section
4 12-12 of the Criminal Code of 1961.
5 (f) This Article shall not deprive a court in other
6 proceedings to order a forfeiture of property, to suspend or
7 cancel a license, to remove a person from office, or to
8 impose any other civil penalty.
9 (g) Whenever a defendant is convicted of an offense
10 under Sections 11-14, 11-15, 11-15.1, 11-16, 11-17, 11-18,
11 11-18.1, 11-19, 11-19.1, 11-19.2, 12-13, 12-14, 12-14.1,
12 12-15 or 12-16 of the Criminal Code of 1961, the defendant
13 shall undergo medical testing to determine whether the
14 defendant has any sexually transmissible disease, including a
15 test for infection with human immunodeficiency virus (HIV) or
16 any other identified causative agent of acquired
17 immunodeficiency syndrome (AIDS). Any such medical test
18 shall be performed only by appropriately licensed medical
19 practitioners and may include an analysis of any bodily
20 fluids as well as an examination of the defendant's person.
21 Except as otherwise provided by law, the results of such test
22 shall be kept strictly confidential by all medical personnel
23 involved in the testing and must be personally delivered in a
24 sealed envelope to the judge of the court in which the
25 conviction was entered for the judge's inspection in camera.
26 Acting in accordance with the best interests of the victim
27 and the public, the judge shall have the discretion to
28 determine to whom, if anyone, the results of the testing may
29 be revealed. The court shall notify the defendant of the test
30 results. The court shall also notify the victim if requested
31 by the victim, and if the victim is under the age of 15 and
32 if requested by the victim's parents or legal guardian, the
33 court shall notify the victim's parents or legal guardian of
34 the test results. The court shall provide information on the
HB0722 Engrossed -34- LRB9000500RCks
1 availability of HIV testing and counseling at Department of
2 Public Health facilities to all parties to whom the results
3 of the testing are revealed and shall direct the State's
4 Attorney to provide the information to the victim when
5 possible. A State's Attorney may petition the court to obtain
6 the results of any HIV test administered under this Section,
7 and the court shall grant the disclosure if the State's
8 Attorney shows it is relevant in order to prosecute a charge
9 of criminal transmission of HIV under Section 12-16.2 of the
10 Criminal Code of 1961 against the defendant. The court shall
11 order that the cost of any such test shall be paid by the
12 county and may be taxed as costs against the convicted
13 defendant.
14 (g-5) When an inmate is tested for an airborne
15 communicable disease, as determined by the Illinois
16 Department of Public Health including but not limited to
17 tuberculosis, the results of the test shall be personally
18 delivered by the warden or his or her designee in a sealed
19 envelope to the judge of the court in which the inmate must
20 appear for the judge's inspection in camera if requested by
21 the judge. Acting in accordance with the best interests of
22 those in the courtroom, the judge shall have the discretion
23 to determine what if any precautions need to be taken to
24 prevent transmission of the disease in the courtroom.
25 (h) Whenever a defendant is convicted of an offense
26 under Section 1 or 2 of the Hypodermic Syringes and Needles
27 Act, the defendant shall undergo medical testing to determine
28 whether the defendant has been exposed to human
29 immunodeficiency virus (HIV) or any other identified
30 causative agent of acquired immunodeficiency syndrome (AIDS).
31 Except as otherwise provided by law, the results of such test
32 shall be kept strictly confidential by all medical personnel
33 involved in the testing and must be personally delivered in a
34 sealed envelope to the judge of the court in which the
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1 conviction was entered for the judge's inspection in camera.
2 Acting in accordance with the best interests of the public,
3 the judge shall have the discretion to determine to whom, if
4 anyone, the results of the testing may be revealed. The court
5 shall notify the defendant of a positive test showing an
6 infection with the human immunodeficiency virus (HIV). The
7 court shall provide information on the availability of HIV
8 testing and counseling at Department of Public Health
9 facilities to all parties to whom the results of the testing
10 are revealed and shall direct the State's Attorney to provide
11 the information to the victim when possible. A State's
12 Attorney may petition the court to obtain the results of any
13 HIV test administered under this Section, and the court
14 shall grant the disclosure if the State's Attorney shows it
15 is relevant in order to prosecute a charge of criminal
16 transmission of HIV under Section 12-16.2 of the Criminal
17 Code of 1961 against the defendant. The court shall order
18 that the cost of any such test shall be paid by the county
19 and may be taxed as costs against the convicted defendant.
20 (i) All fines and penalties imposed under this Section
21 for any violation of Chapters 3, 4, 6, and 11 of the Illinois
22 Vehicle Code, or a similar provision of a local ordinance,
23 and any violation of the Child Passenger Protection Act, or a
24 similar provision of a local ordinance, shall be collected
25 and disbursed by the circuit clerk as provided under Section
26 27.5 of the Clerks of Courts Act.
27 (j) In cases when prosecution for any violation of
28 Section 11-6, 11-8, 11-9, 11-11, 11-14, 11-15, 11-15.1,
29 11-16, 11-17, 11-17.1, 11-18, 11-18.1, 11-19, 11-19.1,
30 11-19.2, 11-20.1, 11-21, 12-13, 12-14, 12-14.1, 12-15, or
31 12-16 of the Criminal Code of 1961, any violation of the
32 Illinois Controlled Substances Act, or any violation of the
33 Cannabis Control Act results in conviction, a disposition of
34 court supervision, or an order of probation granted under
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1 Section 10 of the Cannabis Control Act or Section 410 of the
2 Illinois Controlled Substance Act of a defendant, the court
3 shall determine whether the defendant is employed by a
4 facility or center as defined under the Child Care Act of
5 1969, a public or private elementary or secondary school, or
6 otherwise works with children under 18 years of age on a
7 daily basis. When a defendant is so employed, the court
8 shall order the Clerk of the Court to send a copy of the
9 judgment of conviction or order of supervision or probation
10 to the defendant's employer by certified mail. If the
11 employer of the defendant is a school, the Clerk of the Court
12 shall direct the mailing of a copy of the judgment of
13 conviction or order of supervision or probation to the
14 appropriate regional superintendent of schools. The regional
15 superintendent of schools shall notify the State Board of
16 Education of any notification under this subsection.
17 (j-5) A defendant at least 17 years of age who is
18 convicted of a felony and who has not been previously
19 convicted of a misdemeanor or felony and who is sentenced to
20 a term of imprisonment in the Illinois Department of
21 Corrections shall as a condition of his or her sentence be
22 required by the court to attend educational courses designed
23 to prepare the defendant for a high school diploma and to
24 work toward a high school diploma or to work toward passing
25 the high school level Test of General Educational Development
26 (GED) or to work toward completing a vocational training
27 program offered by the Department of Corrections. If a
28 defendant fails to complete the educational training required
29 by his or her sentence during the term of incarceration, the
30 Prisoner Review Board shall, as a condition of mandatory
31 supervised release, require the defendant, at his or her own
32 expense, to pursue a course of study toward a high school
33 diploma or passage of the GED test. The Prisoner Review
34 Board shall revoke the mandatory supervised release of a
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1 defendant who wilfully fails to comply with this subsection
2 (j-5) upon his or her release from confinement in a penal
3 institution while serving a mandatory supervised release
4 term; however, the inability of the defendant after making a
5 good faith effort to obtain financial aid or pay for the
6 educational training shall not be deemed a wilful failure to
7 comply. The Prisoner Review Board shall recommit the
8 defendant whose mandatory supervised release term has been
9 revoked under this subsection (j-5) as provided in Section
10 3-3-9. This subsection (j-5) does not apply to a defendant
11 who has a high school diploma or has successfully passed the
12 GED test. This subsection (j-5) does not apply to a defendant
13 who is determined by the court to be developmentally disabled
14 or otherwise mentally incapable of completing the educational
15 or vocational program.
16 (k) A court may not impose a sentence or disposition for
17 a felony or misdemeanor that requires the defendant to be
18 implanted or injected with or to use any form of birth
19 control.
20 (l)(A) Except as provided in paragraph (C) of subsection
21 (l), whenever a defendant, who is an alien as defined by the
22 Immigration and Nationality Act, is convicted of any felony
23 or misdemeanor offense, the court after sentencing the
24 defendant may, upon motion of the State's Attorney, hold
25 sentence in abeyance and remand the defendant to the custody
26 of the Attorney General of the United States or his or her
27 designated agent to be deported when:
28 (1) a final order of deportation has been issued
29 against the defendant pursuant to proceedings under the
30 Immigration and Nationality Act, and
31 (2) the deportation of the defendant would not
32 deprecate the seriousness of the defendant's conduct and
33 would not be inconsistent with the ends of justice.
34 Otherwise, the defendant shall be sentenced as provided
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1 in this Chapter V.
2 (B) If the defendant has already been sentenced for a
3 felony or misdemeanor offense, or has been placed on
4 probation under Section 10 of the Cannabis Control Act or
5 Section 410 of the Illinois Controlled Substances Act, the
6 court may, upon motion of the State's Attorney to suspend the
7 sentence imposed, commit the defendant to the custody of the
8 Attorney General of the United States or his or her
9 designated agent 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 (C) This subsection (l) does not apply to offenders who
17 are subject to the provisions of paragraph (2) of subsection
18 (a) of Section 3-6-3.
19 (D) Upon motion of the State's Attorney, if a defendant
20 sentenced under this Section returns to the jurisdiction of
21 the United States, the defendant shall be recommitted to the
22 custody of the county from which he or she was sentenced.
23 Thereafter, the defendant shall be brought before the
24 sentencing court, which may impose any sentence that was
25 available under Section 5-5-3 at the time of initial
26 sentencing. In addition, the defendant shall not be eligible
27 for additional good conduct credit for meritorious service as
28 provided under Section 3-6-6.
29 (Source: P.A. 88-45; 88-336; 88-351; 88-460; 88-467; 88-510;
30 88-659; 88-670, eff. 12-2-94; 88-680, eff. 1-1-95; 89-8, eff.
31 3-21-95; 89-314, eff. 1-1-96; 89-428, eff. 12-13-95; 89-462,
32 eff. 5-29-96; 89-477, eff. 6-18-96; 89-507, eff. 7-1-97;
33 89-545, eff. 7-25-96; 89-587, eff. 7-31-96; 89-627, eff.
34 1-1-97; 89-688, eff. 6-1-97; revised 1-7-97.)
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1 Section 95. No acceleration or delay. Where this Act
2 makes changes in a statute that is represented in this Act by
3 text that is not yet or no longer in effect (for example, a
4 Section represented by multiple versions), the use of that
5 text does not accelerate or delay the taking effect of (i)
6 the changes made by this Act or (ii) provisions derived from
7 any other Public Act.