[ Search ] [ Legislation ] [ Bill Summary ]
[ Home ] [ Back ] [ Bottom ]
90_SB1230
New Act
30 ILCS 105/24.10 new
730 ILCS 5/5-5-3 from Ch. 28, par. 1005-5-3
Creates the Human Cloning Prohibition Act. Prohibits the
cloning of human beings and the use of public funds or
property to clone human beings. Makes intentional violation
a Class 3 felony. Amends the State Finance Act to provide
that an appropriation Act shall not be construed to authorize
the expenditure of public funds for human cloning or for the
support of any project or institution that engages in human
cloning. Amends the Unified Code of Corrections to make a
person who intentionally violates the Act ineligible for
probation, conditional discharge or periodic imprisonment.
Effective immediately.
SDS/bill0052/bnd
SDS/bill0052/bnd
1 AN ACT in relation to human cloning.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 1. Short title. This Act may be cited as the
5 Human Cloning Prohibition Act.
6 Section 5. Definition. For the purposes of this Act,
7 "human cloning" means the intentional production of a newly
8 fertilized human egg cell that is genetically identical to
9 another human being, living or dead. "Human cloning" does
10 not include:
11 (1) In vitro fertilization, the administration of
12 fertility-enhancing drugs, or other medical procedures
13 used to assist a woman in becoming or remaining pregnant,
14 so long as that pregnancy is not specifically intended to
15 result in the production of a child who is genetically
16 identical to another human being, living or dead.
17 (2) Any activity or procedure that results,
18 directly or indirectly, in 2 or more natural identical
19 twins.
20 Section 10. Prohibitions; penalty.
21 (a) It is unlawful to engage in human cloning within
22 this State.
23 (b) It is unlawful to allow any public funds or property
24 to be used for human cloning.
25 (c) A person who intentionally violates subsection (a)
26 or (b) of this Section commits a Class 3 felony and shall be
27 sentenced to a term of imprisonment of not less than 3 years
28 and not more than 10 years; the fine for which shall be
29 $250,000. A person convicted of violating subsection (a) or
30 (b) of this Section shall not be eligible to receive a
-2- SDS/bill0052/bnd
1 sentence of probation, conditional discharge, or periodic
2 imprisonment.
3 Section 50. The State Finance Act is amended by adding
4 Section 24.10 as follows:
5 (30 ILCS 105/24.10 new)
6 Sec. 24.10. Use of public funds for human cloning. An
7 appropriation Act enacted after the effective date of this
8 Section shall not be construed to authorize the expenditure
9 of public funds for human cloning, as that term is defined in
10 the Human Cloning Prohibition Act, or for the support of any
11 project or institution that engages in human cloning.
12 Section 90. The Unified Code of Corrections is amended
13 by changing Section 5-5-3 as follows:
14 (730 ILCS 5/5-5-3) (from Ch. 38, par. 1005-5-3)
15 Sec. 5-5-3. Disposition.
16 (a) Every person convicted of an offense shall be
17 sentenced as provided in this Section.
18 (b) The following options shall be appropriate
19 dispositions, alone or in combination, for all felonies and
20 misdemeanors other than those identified in subsection (c) of
21 this Section:
22 (1) A period of probation.
23 (2) A term of periodic imprisonment.
24 (3) A term of conditional discharge.
25 (4) A term of imprisonment.
26 (5) An order directing the offender to clean up and
27 repair the damage, if the offender was convicted under
28 paragraph (h) of Section 21-1 of the Criminal Code of
29 1961.
30 (6) A fine.
31 (7) An order directing the offender to make
32 restitution to the victim under Section 5-5-6 of this
-3- SDS/bill0052/bnd
1 Code.
2 (8) A sentence of participation in a county impact
3 incarceration program under Section 5-8-1.2 of this Code.
4 Whenever an individual is sentenced for an offense based
5 upon an arrest for a violation of Section 11-501 of the
6 Illinois Vehicle Code, or a similar provision of a local
7 ordinance, and the professional evaluation recommends
8 remedial or rehabilitative treatment or education, neither
9 the treatment nor the education shall be the sole disposition
10 and either or both may be imposed only in conjunction with
11 another disposition. The court shall monitor compliance with
12 any remedial education or treatment recommendations contained
13 in the professional evaluation. Programs conducting alcohol
14 or other drug evaluation or remedial education must be
15 licensed by the Department of Human Services. However, if
16 the individual is not a resident of Illinois, the court may
17 accept an alcohol or other drug evaluation or remedial
18 education program in the state of such individual's
19 residence. Programs providing treatment must be licensed
20 under existing applicable alcoholism and drug treatment
21 licensure standards.
22 In addition to any other fine or penalty required by law,
23 any individual convicted of a violation of Section 11-501 of
24 the Illinois Vehicle Code or a similar provision of local
25 ordinance, whose operation of a motor vehicle while in
26 violation of Section 11-501 or such ordinance proximately
27 caused an incident resulting in an appropriate emergency
28 response, shall be required to make restitution to a public
29 agency for the costs of that emergency response. Such
30 restitution shall not exceed $500 per public agency for each
31 such emergency response. For the purpose of this paragraph,
32 emergency response shall mean any incident requiring a
33 response by: a police officer as defined under Section 1-162
34 of the Illinois Vehicle Code; a fireman carried on the rolls
-4- SDS/bill0052/bnd
1 of a regularly constituted fire department; and an ambulance
2 as defined under Section 4.05 of the Emergency Medical
3 Services (EMS) Systems Act.
4 Neither a fine nor restitution shall be the sole
5 disposition for a felony and either or both may be imposed
6 only in conjunction with another disposition.
7 (c) (1) When a defendant is found guilty of first degree
8 murder the State may either seek a sentence of
9 imprisonment under Section 5-8-1 of this Code, or where
10 appropriate seek a sentence of death under Section 9-1 of
11 the Criminal Code of 1961.
12 (2) A period of probation, a term of periodic
13 imprisonment or conditional discharge shall not be
14 imposed for the following offenses. The court shall
15 sentence the offender to not less than the minimum term
16 of imprisonment set forth in this Code for the following
17 offenses, and may order a fine or restitution or both in
18 conjunction with such term of imprisonment:
19 (A) First degree murder where the death
20 penalty is not imposed.
21 (B) Attempted first degree murder.
22 (C) A Class X felony.
23 (D) A violation of Section 401.1 or 407 of the
24 Illinois Controlled Substances Act, or a violation
25 of subdivision (c)(2) of Section 401 of that Act
26 which relates to more than 5 grams of a substance
27 containing cocaine or an analog thereof.
28 (E) A violation of Section 5.1 or 9 of the
29 Cannabis Control Act.
30 (F) A Class 2 or greater felony if the
31 offender had been convicted of a Class 2 or greater
32 felony within 10 years of the date on which he
33 committed the offense for which he is being
34 sentenced.
-5- SDS/bill0052/bnd
1 (G) Residential burglary.
2 (H) Criminal sexual assault, except as
3 otherwise provided in subsection (e) of this
4 Section.
5 (I) Aggravated battery of a senior citizen.
6 (J) A forcible felony if the offense was
7 related to the activities of an organized gang.
8 Before July 1, 1994, for the purposes of this
9 paragraph, "organized gang" means an association of
10 5 or more persons, with an established hierarchy,
11 that encourages members of the association to
12 perpetrate crimes or provides support to the members
13 of the association who do commit crimes.
14 Beginning July 1, 1994, for the purposes of
15 this paragraph, "organized gang" has the meaning
16 ascribed to it in Section 10 of the Illinois
17 Streetgang Terrorism Omnibus Prevention Act.
18 (K) Vehicular hijacking.
19 (L) A second or subsequent conviction for the
20 offense of hate crime when the underlying offense
21 upon which the hate crime is based is felony
22 aggravated assault or felony mob action.
23 (M) A second or subsequent conviction for the
24 offense of institutional vandalism if the damage to
25 the property exceeds $300.
26 (N) A Class 3 felony violation of paragraph
27 (1) of subsection (a) of Section 2 of the Firearm
28 Owners Identification Card Act.
29 (O) A violation of Section 12-6.1 of the
30 Criminal Code of 1961.
31 (P) A violation of paragraph (1), (2), (3),
32 (4), (5), or (7) of subsection (a) of Section
33 11-20.1 of the Criminal Code of 1961.
34 (Q) Human cloning as defined in the Human
-6- SDS/bill0052/bnd
1 Cloning Prohibition Act.
2 (3) A minimum term of imprisonment of not less than
3 48 consecutive hours or 100 hours of community service as
4 may be determined by the court shall be imposed for a
5 second or subsequent violation committed within 5 years
6 of a previous violation of Section 11-501 of the Illinois
7 Vehicle Code or a similar provision of a local ordinance.
8 (4) A minimum term of imprisonment of not less than
9 7 consecutive days or 30 days of community service shall
10 be imposed for a violation of paragraph (c) of Section
11 6-303 of the Illinois Vehicle Code.
12 (4.1) A minimum term of 30 consecutive days of
13 imprisonment, 40 days of 24 hour periodic imprisonment or
14 720 hours of community service, as may be determined by
15 the court, shall be imposed for a violation of Section
16 11-501 of the Illinois Vehicle Code during a period in
17 which the defendant's driving privileges are revoked or
18 suspended, where the revocation or suspension was for a
19 violation of Section 11-501 or Section 11-501.1 of that
20 Code.
21 (5) The court may sentence an offender convicted of
22 a business offense or a petty offense or a corporation or
23 unincorporated association convicted of any offense to:
24 (A) a period of conditional discharge;
25 (B) a fine;
26 (C) make restitution to the victim under
27 Section 5-5-6 of this Code.
28 (6) In no case shall an offender be eligible for a
29 disposition of probation or conditional discharge for a
30 Class 1 felony committed while he was serving a term of
31 probation or conditional discharge for a felony.
32 (7) When a defendant is adjudged a habitual
33 criminal under Article 33B of the Criminal Code of 1961,
34 the court shall sentence the defendant to a term of
-7- SDS/bill0052/bnd
1 natural life imprisonment.
2 (8) When a defendant, over the age of 21 years, is
3 convicted of a Class 1 or Class 2 felony, after having
4 twice been convicted of any Class 2 or greater Class
5 felonies in Illinois, and such charges are separately
6 brought and tried and arise out of different series of
7 acts, such defendant shall be sentenced as a Class X
8 offender. This paragraph shall not apply unless (1) the
9 first felony was committed after the effective date of
10 this amendatory Act of 1977; and (2) the second felony
11 was committed after conviction on the first; and (3) the
12 third felony was committed after conviction on the
13 second.
14 (9) A defendant convicted of a second or subsequent
15 offense of ritualized abuse of a child may be sentenced
16 to a term of natural life imprisonment.
17 (10) Beginning July 1, 1994, unless sentencing
18 under Section 33B-1 is applicable, a term of imprisonment
19 of not less than 15 years nor more than 50 years shall be
20 imposed on a defendant who violates Section 33A-2 of the
21 Criminal Code of 1961 with a firearm, when that person
22 has been convicted in any state or federal court of 3 or
23 more of the following offenses: treason, first degree
24 murder, second degree murder, aggravated criminal sexual
25 assault, criminal sexual assault, robbery, burglary,
26 arson, kidnaping, aggravated battery resulting in great
27 bodily harm or permanent disability or disfigurement, or
28 a violation of Section 401(a) of the Illinois Controlled
29 Substances Act, when the third offense was committed
30 after conviction on the second, the second offense was
31 committed after conviction on the first, and the
32 violation of Section 33A-2 of the Criminal Code of 1961
33 was committed after conviction on the third.
34 (11) Beginning July 1, 1994, a term of imprisonment
-8- SDS/bill0052/bnd
1 of not less than 10 years and not more than 30 years
2 shall be imposed on a defendant who violates Section
3 33A-2 with a Category I weapon where the offense was
4 committed in any school, or any conveyance owned, leased,
5 or contracted by a school to transport students to or
6 from school or a school related activity, on the real
7 property comprising any school or public park, and where
8 the offense was related to the activities of an organized
9 gang. For the purposes of this paragraph (11),
10 "organized gang" has the meaning ascribed to it in
11 Section 10 of the Illinois Streetgang Terrorism Omnibus
12 Prevention Act.
13 (d) In any case in which a sentence originally imposed
14 is vacated, the case shall be remanded to the trial court.
15 The trial court shall hold a hearing under Section 5-4-1 of
16 the Unified Code of Corrections which may include evidence of
17 the defendant's life, moral character and occupation during
18 the time since the original sentence was passed. The trial
19 court shall then impose sentence upon the defendant. The
20 trial court may impose any sentence which could have been
21 imposed at the original trial subject to Section 5-5-4 of the
22 Unified Code of Corrections.
23 (e) In cases where prosecution for criminal sexual
24 assault or aggravated criminal sexual abuse under Section
25 12-13 or 12-16 of the Criminal Code of 1961 results in
26 conviction of a defendant who was a family member of the
27 victim at the time of the commission of the offense, the
28 court shall consider the safety and welfare of the victim and
29 may impose a sentence of probation only where:
30 (1) the court finds (A) or (B) or both are
31 appropriate:
32 (A) the defendant is willing to undergo a
33 court approved counseling program for a minimum
34 duration of 2 years; or
-9- SDS/bill0052/bnd
1 (B) the defendant is willing to participate in
2 a court approved plan including but not limited to
3 the defendant's:
4 (i) removal from the household;
5 (ii) restricted contact with the victim;
6 (iii) continued financial support of the
7 family;
8 (iv) restitution for harm done to the
9 victim; and
10 (v) compliance with any other measures
11 that the court may deem appropriate; and
12 (2) the court orders the defendant to pay for the
13 victim's counseling services, to the extent that the
14 court finds, after considering the defendant's income and
15 assets, that the defendant is financially capable of
16 paying for such services, if the victim was under 18
17 years of age at the time the offense was committed and
18 requires counseling as a result of the offense.
19 Probation may be revoked or modified pursuant to Section
20 5-6-4; except where the court determines at the hearing that
21 the defendant violated a condition of his or her probation
22 restricting contact with the victim or other family members
23 or commits another offense with the victim or other family
24 members, the court shall revoke the defendant's probation and
25 impose a term of imprisonment.
26 For the purposes of this Section, "family member" and
27 "victim" shall have the meanings ascribed to them in Section
28 12-12 of the Criminal Code of 1961.
29 (f) This Article shall not deprive a court in other
30 proceedings to order a forfeiture of property, to suspend or
31 cancel a license, to remove a person from office, or to
32 impose any other civil penalty.
33 (g) Whenever a defendant is convicted of an offense
34 under Sections 11-14, 11-15, 11-15.1, 11-16, 11-17, 11-18,
-10- SDS/bill0052/bnd
1 11-18.1, 11-19, 11-19.1, 11-19.2, 12-13, 12-14, 12-14.1,
2 12-15 or 12-16 of the Criminal Code of 1961, the defendant
3 shall undergo medical testing to determine whether the
4 defendant has any sexually transmissible disease, including a
5 test for infection with human immunodeficiency virus (HIV) or
6 any other identified causative agent of acquired
7 immunodeficiency syndrome (AIDS). Any such medical test
8 shall be performed only by appropriately licensed medical
9 practitioners and may include an analysis of any bodily
10 fluids as well as an examination of the defendant's person.
11 Except as otherwise provided by law, the results of such test
12 shall be kept strictly confidential by all medical personnel
13 involved in the testing and must be personally delivered in a
14 sealed envelope to the judge of the court in which the
15 conviction was entered for the judge's inspection in camera.
16 Acting in accordance with the best interests of the victim
17 and the public, the judge shall have the discretion to
18 determine to whom, if anyone, the results of the testing may
19 be revealed. The court shall notify the defendant of the test
20 results. The court shall also notify the victim if requested
21 by the victim, and if the victim is under the age of 15 and
22 if requested by the victim's parents or legal guardian, the
23 court shall notify the victim's parents or legal guardian of
24 the test results. The court shall provide information on the
25 availability of HIV testing and counseling at Department of
26 Public Health facilities to all parties to whom the results
27 of the testing are revealed and shall direct the State's
28 Attorney to provide the information to the victim when
29 possible. A State's Attorney may petition the court to obtain
30 the results of any HIV test administered under this Section,
31 and the court shall grant the disclosure if the State's
32 Attorney shows it is relevant in order to prosecute a charge
33 of criminal transmission of HIV under Section 12-16.2 of the
34 Criminal Code of 1961 against the defendant. The court shall
-11- SDS/bill0052/bnd
1 order that the cost of any such test shall be paid by the
2 county and may be taxed as costs against the convicted
3 defendant.
4 (g-5) When an inmate is tested for an airborne
5 communicable disease, as determined by the Illinois
6 Department of Public Health including but not limited to
7 tuberculosis, the results of the test shall be personally
8 delivered by the warden or his or her designee in a sealed
9 envelope to the judge of the court in which the inmate must
10 appear for the judge's inspection in camera if requested by
11 the judge. Acting in accordance with the best interests of
12 those in the courtroom, the judge shall have the discretion
13 to determine what if any precautions need to be taken to
14 prevent transmission of the disease in the courtroom.
15 (h) Whenever a defendant is convicted of an offense
16 under Section 1 or 2 of the Hypodermic Syringes and Needles
17 Act, the defendant shall undergo medical testing to determine
18 whether the defendant has been exposed to human
19 immunodeficiency virus (HIV) or any other identified
20 causative agent of acquired immunodeficiency syndrome (AIDS).
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 public,
27 the judge shall have the discretion to determine to whom, if
28 anyone, the results of the testing may be revealed. The court
29 shall notify the defendant of a positive test showing an
30 infection with the human immunodeficiency virus (HIV). The
31 court shall provide information on the availability of HIV
32 testing and counseling at Department of Public Health
33 facilities to all parties to whom the results of the testing
34 are revealed and shall direct the State's Attorney to provide
-12- SDS/bill0052/bnd
1 the information to the victim when possible. A State's
2 Attorney may petition the court to obtain the results of any
3 HIV test administered under this Section, and the court
4 shall grant the disclosure if the State's Attorney shows it
5 is relevant in order to prosecute a charge of criminal
6 transmission of HIV under Section 12-16.2 of the Criminal
7 Code of 1961 against the defendant. The court shall order
8 that the cost of any such test shall be paid by the county
9 and may be taxed as costs against the convicted defendant.
10 (i) All fines and penalties imposed under this Section
11 for any violation of Chapters 3, 4, 6, and 11 of the Illinois
12 Vehicle Code, or a similar provision of a local ordinance,
13 and any violation of the Child Passenger Protection Act, or a
14 similar provision of a local ordinance, shall be collected
15 and disbursed by the circuit clerk as provided under Section
16 27.5 of the Clerks of Courts Act.
17 (j) In cases when prosecution for any violation of
18 Section 11-6, 11-8, 11-9, 11-11, 11-14, 11-15, 11-15.1,
19 11-16, 11-17, 11-17.1, 11-18, 11-18.1, 11-19, 11-19.1,
20 11-19.2, 11-20.1, 11-21, 12-13, 12-14, 12-14.1, 12-15, or
21 12-16 of the Criminal Code of 1961, any violation of the
22 Illinois Controlled Substances Act, or any violation of the
23 Cannabis Control Act results in conviction, a disposition of
24 court supervision, or an order of probation granted under
25 Section 10 of the Cannabis Control Act or Section 410 of the
26 Illinois Controlled Substance Act of a defendant, the court
27 shall determine whether the defendant is employed by a
28 facility or center as defined under the Child Care Act of
29 1969, a public or private elementary or secondary school, or
30 otherwise works with children under 18 years of age on a
31 daily basis. When a defendant is so employed, the court
32 shall order the Clerk of the Court to send a copy of the
33 judgment of conviction or order of supervision or probation
34 to the defendant's employer by certified mail. If the
-13- SDS/bill0052/bnd
1 employer of the defendant is a school, the Clerk of the Court
2 shall direct the mailing of a copy of the judgment of
3 conviction or order of supervision or probation to the
4 appropriate regional superintendent of schools. The regional
5 superintendent of schools shall notify the State Board of
6 Education of any notification under this subsection.
7 (j-5) A defendant at least 17 years of age who is
8 convicted of a felony and who has not been previously
9 convicted of a misdemeanor or felony and who is sentenced to
10 a term of imprisonment in the Illinois Department of
11 Corrections shall as a condition of his or her sentence be
12 required by the court to attend educational courses designed
13 to prepare the defendant for a high school diploma and to
14 work toward a high school diploma or to work toward passing
15 the high school level Test of General Educational Development
16 (GED) or to work toward completing a vocational training
17 program offered by the Department of Corrections. If a
18 defendant fails to complete the educational training required
19 by his or her sentence during the term of incarceration, the
20 Prisoner Review Board shall, as a condition of mandatory
21 supervised release, require the defendant, at his or her own
22 expense, to pursue a course of study toward a high school
23 diploma or passage of the GED test. The Prisoner Review
24 Board shall revoke the mandatory supervised release of a
25 defendant who wilfully fails to comply with this subsection
26 (j-5) upon his or her release from confinement in a penal
27 institution while serving a mandatory supervised release
28 term; however, the inability of the defendant after making a
29 good faith effort to obtain financial aid or pay for the
30 educational training shall not be deemed a wilful failure to
31 comply. The Prisoner Review Board shall recommit the
32 defendant whose mandatory supervised release term has been
33 revoked under this subsection (j-5) as provided in Section
34 3-3-9. This subsection (j-5) does not apply to a defendant
-14- SDS/bill0052/bnd
1 who has a high school diploma or has successfully passed the
2 GED test. This subsection (j-5) does not apply to a defendant
3 who is determined by the court to be developmentally disabled
4 or otherwise mentally incapable of completing the educational
5 or vocational program.
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
-15- SDS/bill0052/bnd
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. 89-8, eff. 3-21-95; 89-314, eff. 1-1-96;
20 89-428, eff. 12-13-95; 89-462, eff. 5-29-96; 89-477, eff.
21 6-18-96; 89-507, eff. 7-1-97; 89-545, eff. 7-25-96; 89-587,
22 eff. 7-31-96; 89-627, eff. 1-1-97; 89-688, eff. 6-1-97;
23 90-14, eff. 7-1-97; 90-68, eff. 7-8-97.)
24 Section 99. Effective date. This Act shall take effect
25 upon becoming law.