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91_HB1762sam001
LRB9104930OBcsam03
1 AMENDMENT TO HOUSE BILL 1762
2 AMENDMENT NO. . Amend House Bill 1762 as follows:
3 by replacing everything after the enacting clause with the
4 following:
5 "Section 5. The Alcoholism and Other Drug Abuse and
6 Dependency Act is amended by changing Section 40-10 as
7 follows:
8 (20 ILCS 301/40-10)
9 Sec. 40-10. Treatment as a condition of probation.
10 (a) If a court has reason to believe that an individual
11 who is charged with or convicted of a crime suffers from
12 alcoholism or other drug addiction and the court finds that
13 he is eligible to make the election provided for under
14 Section 40-5, the court shall advise the individual him that
15 he or she shall may be sentenced to placed on probation and
16 shall be subject to terms and conditions of probation under
17 Section 5-6-3 of the Unified Code of Corrections if he or she
18 elects to submit to treatment and is accepted for treatment
19 by a designated program. The court shall further advise the
20 individual him that:
21 (1) if he or she elects to submit to treatment and
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1 is accepted he or she shall may be sentenced to placed on
2 Other conditions of probation that the court may order
14 shall include any condition of probation as authorized by
15 Section 5-6-3 of the Unified Code of Corrections. The court
16 may certify an individual for treatment while on probation
17 under the supervision of a designated program and probation
18 authorities regardless of the election of the individual.
19 (b) If the individual elects to undergo treatment or is
20 certified for treatment, the court shall order an examination
21 by a designated program to determine whether he suffers from
22 alcoholism or other drug addiction and is likely to be
23 rehabilitated through treatment. The designated program
24 shall report to the court the results of the examination and
25 recommend whether the individual should be placed for
26 treatment. If the court, on the basis of the report and
27 other information, finds that such an individual suffers from
28 alcoholism or other drug addiction and is likely to be
29 rehabilitated through treatment, the individual shall be
30 placed on probation and under the supervision of a designated
31 program for treatment and under the supervision of the proper
32 probation authorities for probation supervision unless,
33 giving consideration to the nature and circumstances of the
34 offense and to the history, character and condition of the
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1 individual, the court is of the opinion that no significant
2 relationship exists between the addiction or alcoholism of
3 the individual and the crime committed, or that his
4 imprisonment or periodic imprisonment is necessary for the
5 protection of the public, and the court specifies on the
6 record the particular evidence, information or other reasons
7 that form the basis of such opinion. However, under no
8 circumstances shall the individual be placed under the
9 supervision of a designated program for treatment before the
10 entry of a judgment of conviction.
11 (c) If the court, on the basis of the report or other
12 information, finds that the individual suffering from
13 alcoholism or other drug addiction is not likely to be
14 rehabilitated through treatment, or that his addiction or
15 alcoholism and the crime committed are not significantly
16 related, or that his imprisonment or periodic imprisonment is
17 necessary for the protection of the public, the court shall
18 impose sentence as in other cases. The court may require such
19 progress reports on the individual from the probation officer
20 and designated program as the court finds necessary. No
21 individual may be placed under treatment supervision unless a
22 designated program accepts him for treatment.
23 (d) Failure of an individual placed on probation and
24 under the supervision of a designated program to observe the
25 requirements set down by the designated program shall be
26 considered a probation violation. Such failure shall be
27 reported by the designated program to the probation officer
28 in charge of the individual and treated in accordance with
29 probation regulations.
30 (e) Upon successful fulfillment of the terms and
31 conditions of probation the court shall discharge the person
32 from probation. If the person has not previously been
33 convicted of any felony offense and has not previously been
34 granted a vacation of judgment under this Section, upon
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1 motion, the court shall vacate the judgment of conviction and
2 dismiss the criminal proceedings against him unless, having
3 considered the nature and circumstances of the offense and
4 the history, character and condition of the individual, the
5 court finds that the motion should not be granted. Unless
6 good cause is shown, such motion to vacate must be filed
7 within 30 days of the entry of the judgment.
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 Sec. 5-5-3. Disposition.
12 (a) Every person convicted of an offense shall be
13 sentenced as provided in this Section.
14 (b) The following options shall be appropriate
15 dispositions, alone or in combination, for all felonies and
16 misdemeanors other than those identified in subsection (c) of
17 this Section:
18 (1) A period of probation.
19 (2) A term of periodic imprisonment.
20 (3) A term of conditional discharge.
21 (4) A term of imprisonment.
22 (5) An order directing the offender to clean up and
23 repair the damage, if the offender was convicted under
24 paragraph (h) of Section 21-1 of the Criminal Code of
25 1961.
26 (6) A fine.
27 (7) An order directing the offender to make
28 restitution to the victim under Section 5-5-6 of this
29 Code.
30 (8) A sentence of participation in a county impact
31 incarceration program under Section 5-8-1.2 of this Code.
32 Whenever an individual is sentenced for an offense based
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1 upon an arrest for a violation of Section 11-501 of the
2 Illinois Vehicle Code, or a similar provision of a local
3 ordinance, and the professional evaluation recommends
4 remedial or rehabilitative treatment or education, neither
5 the treatment nor the education shall be the sole disposition
6 and either or both may be imposed only in conjunction with
7 another disposition. The court shall monitor compliance with
8 any remedial education or treatment recommendations contained
9 in the professional evaluation. Programs conducting alcohol
10 or other drug evaluation or remedial education must be
11 licensed by the Department of Human Services. However, if
12 the individual is not a resident of Illinois, the court may
13 accept an alcohol or other drug evaluation or remedial
14 education program in the state of such individual's
15 residence. Programs providing treatment must be licensed
16 under existing applicable alcoholism and drug treatment
17 licensure standards.
18 In addition to any other fine or penalty required by law,
19 any individual convicted of a violation of Section 11-501 of
20 the Illinois Vehicle Code or a similar provision of local
21 ordinance, whose operation of a motor vehicle while in
22 violation of Section 11-501 or such ordinance proximately
23 caused an incident resulting in an appropriate emergency
24 response, shall be required to make restitution to a public
25 agency for the costs of that emergency response. Such
26 restitution shall not exceed $500 per public agency for each
27 such emergency response. For the purpose of this paragraph,
28 emergency response shall mean any incident requiring a
29 response by: a police officer as defined under Section 1-162
30 of the Illinois Vehicle Code; a fireman carried on the rolls
31 of a regularly constituted fire department; and an ambulance
32 as defined under Section 4.05 of the Emergency Medical
33 Services (EMS) Systems Act.
34 Neither a fine nor restitution shall be the sole
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1 disposition for a felony and either or both may be imposed
2 only in conjunction with another disposition.
3 (c) (1) When a defendant is found guilty of first degree
4 murder the State may either seek a sentence of
5 imprisonment under Section 5-8-1 of this Code, or where
6 appropriate seek a sentence of death under Section 9-1 of
7 the Criminal Code of 1961.
8 (2) A period of probation, a term of periodic
9 imprisonment or conditional discharge shall not be
10 imposed for the following offenses. The court shall
11 sentence the offender to not less than the minimum term
12 of imprisonment set forth in this Code for the following
13 offenses, and may order a fine or restitution or both in
14 conjunction with such term of imprisonment:
15 (A) First degree murder where the death
16 penalty is not imposed.
17 (B) Attempted first degree murder.
18 (C) A Class X felony.
19 (D) A violation of Section 401.1 or 407 of the
20 Illinois Controlled Substances Act, or a violation
21 of subdivision (c)(2) of Section 401 of that Act
22 which relates to more than 5 grams of a substance
23 containing cocaine or an analog thereof.
24 (E) A violation of Section 5.1 or 9 of the
25 Cannabis Control Act.
26 (F) (Blank). A Class 2 or greater felony if
27 the offender had been convicted of a Class 2 or
28 greater felony within 10 years of the date on which
29 he committed the offense for which he is being
30 sentenced.
31 (G) (Blank). Residential burglary.
32 (H) Criminal sexual assault, except as
33 otherwise provided in subsection (e) of this
34 Section.
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1 (I) Aggravated battery of a senior citizen.
2 (J) A forcible felony if the offense was
3 related to the activities of an organized gang.
4 Before July 1, 1994, for the purposes of this
5 paragraph, "organized gang" means an association of
6 5 or more persons, with an established hierarchy,
7 that encourages members of the association to
8 perpetrate crimes or provides support to the members
9 of the association who do commit crimes.
10 Beginning July 1, 1994, for the purposes of
11 this paragraph, "organized gang" has the meaning
12 ascribed to it in Section 10 of the Illinois
13 Streetgang Terrorism Omnibus Prevention Act.
14 (K) Vehicular hijacking.
15 (L) A second or subsequent conviction for the
16 offense of hate crime when the underlying offense
17 upon which the hate crime is based is felony
18 aggravated assault or felony mob action.
19 (M) A second or subsequent conviction for the
20 offense of institutional vandalism if the damage to
21 the property exceeds $300.
22 (N) A Class 3 felony violation of paragraph
23 (1) of subsection (a) of Section 2 of the Firearm
24 Owners Identification Card Act.
25 (O) A violation of Section 12-6.1 of the
26 Criminal Code of 1961.
27 (P) A violation of paragraph (1), (2), (3),
28 (4), (5), or (7) of subsection (a) of Section
29 11-20.1 of the Criminal Code of 1961.
30 (Q) A violation of Section 20-1.2 of the
31 Criminal Code of 1961.
32 (R) (Q) A violation of Section 24-3A of the
33 Criminal Code of 1961.
34 (2.5) A term of periodic imprisonment, conditional
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1 discharge, or probation may not be imposed for the
2 following offenses and the court shall sentence the
3 offender to not less than the minimum term of
4 imprisonment set forth in this Code and may order a fine
5 or restitution or both in conjunction with the term of
6 imprisonment, except that probation may be imposed upon
7 an offender who is eligible for, elects to receive, and
8 is accepted for treatment in a designated program under
9 the Alcoholism and Other Drug Abuse and Dependency Act:
10 (A) A Class 2 or greater felony if the
11 offender has been convicted of a Class 2 or greater
12 felony within 10 years of the date on which the
13 offender committed the offense for which he or she
14 is being sentenced.
15 (B) Residential burglary.
16 (3) A minimum term of imprisonment of not less than
17 48 consecutive hours or 100 hours of community service as
18 may be determined by the court shall be imposed for a
19 second or subsequent violation committed within 5 years
20 of a previous violation of Section 11-501 of the Illinois
21 Vehicle Code or a similar provision of a local ordinance.
22 (4) A minimum term of imprisonment of not less than
23 7 consecutive days or 30 days of community service shall
24 be imposed for a violation of paragraph (c) of Section
25 6-303 of the Illinois Vehicle Code.
26 (4.1) A minimum term of 30 consecutive days of
27 imprisonment, 40 days of 24 hour periodic imprisonment or
28 720 hours of community service, as may be determined by
29 the court, shall be imposed for a violation of Section
30 11-501 of the Illinois Vehicle Code during a period in
31 which the defendant's driving privileges are revoked or
32 suspended, where the revocation or suspension was for a
33 violation of Section 11-501 or Section 11-501.1 of that
34 Code.
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1 (5) The court may sentence an offender convicted of
2 a business offense or a petty offense or a corporation or
3 unincorporated association convicted of any offense to:
4 (A) a period of conditional discharge;
5 (B) a fine;
6 (C) make restitution to the victim under
7 Section 5-5-6 of this Code.
8 (6) In no case shall an offender be eligible for a
9 disposition of probation or conditional discharge for a
10 Class 1 felony committed while he was serving a term of
11 probation or conditional discharge for a felony.
12 (7) When a defendant is adjudged a habitual
13 criminal under Article 33B of the Criminal Code of 1961,
14 the court shall sentence the defendant to a term of
15 natural life imprisonment.
16 (8) When a defendant, over the age of 21 years, is
17 convicted of a Class 1 or Class 2 felony, after having
18 twice been convicted of any Class 2 or greater Class
19 felonies in Illinois, and such charges are separately
20 brought and tried and arise out of different series of
21 acts, such defendant shall be sentenced as a Class X
22 offender. This paragraph shall not apply unless (1) the
23 first felony was committed after the effective date of
24 this amendatory Act of 1977; and (2) the second felony
25 was committed after conviction on the first; and (3) the
26 third felony was committed after conviction on the
27 second.
28 (9) A defendant convicted of a second or subsequent
29 offense of ritualized abuse of a child may be sentenced
30 to a term of natural life imprisonment.
31 (10) Beginning July 1, 1994, unless sentencing
32 under Section 33B-1 is applicable, a term of imprisonment
33 of not less than 15 years nor more than 50 years shall be
34 imposed on a defendant who violates Section 33A-2 of the
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1 Criminal Code of 1961 with a firearm, when that person
2 has been convicted in any state or federal court of 3 or
3 more of the following offenses: treason, first degree
4 murder, second degree murder, aggravated criminal sexual
5 assault, criminal sexual assault, robbery, burglary,
6 arson, kidnaping, aggravated battery resulting in great
7 bodily harm or permanent disability or disfigurement, or
8 a violation of Section 401(a) of the Illinois Controlled
9 Substances Act, when the third offense was committed
10 after conviction on the second, the second offense was
11 committed after conviction on the first, and the
12 violation of Section 33A-2 of the Criminal Code of 1961
13 was committed after conviction on the third.
14 (11) Beginning July 1, 1994, a term of imprisonment
15 of not less than 10 years and not more than 30 years
16 shall be imposed on a defendant who violates Section
17 33A-2 with a Category I weapon where the offense was
18 committed in any school, or any conveyance owned, leased,
19 or contracted by a school to transport students to or
20 from school or a school related activity, on the real
21 property comprising any school or public park, and where
22 the offense was related to the activities of an organized
23 gang. For the purposes of this paragraph (11),
24 "organized gang" has the meaning ascribed to it in
25 Section 10 of the Illinois Streetgang Terrorism Omnibus
26 Prevention Act.
27 (d) In any case in which a sentence originally imposed
28 is vacated, the case shall be remanded to the trial court.
29 The trial court shall hold a hearing under Section 5-4-1 of
30 the Unified Code of Corrections which may include evidence of
31 the defendant's life, moral character and occupation during
32 the time since the original sentence was passed. The trial
33 court shall then impose sentence upon the defendant. The
34 trial court may impose any sentence which could have been
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1 imposed at the original trial subject to Section 5-5-4 of the
2 Unified Code of Corrections.
3 (e) In cases where prosecution for criminal sexual
4 assault or aggravated criminal sexual abuse under Section
5 12-13 or 12-16 of the Criminal Code of 1961 results in
6 conviction of a defendant who was a family member of the
7 victim at the time of the commission of the offense, the
8 court shall consider the safety and welfare of the victim and
9 may impose a sentence of probation only where:
10 (1) the court finds (A) or (B) or both are
11 appropriate:
12 (A) the defendant is willing to undergo a
13 court approved counseling program for a minimum
14 duration of 2 years; or
15 (B) the defendant is willing to participate in
16 a court approved plan including but not limited to
17 the defendant's:
18 (i) removal from the household;
19 (ii) restricted contact with the victim;
20 (iii) continued financial support of the
21 family;
22 (iv) restitution for harm done to the
23 victim; and
24 (v) compliance with any other measures
25 that the court may deem appropriate; and
26 (2) the court orders the defendant to pay for the
27 victim's counseling services, to the extent that the
28 court finds, after considering the defendant's income and
29 assets, that the defendant is financially capable of
30 paying for such services, if the victim was under 18
31 years of age at the time the offense was committed and
32 requires counseling as a result of the offense.
33 Probation may be revoked or modified pursuant to Section
34 5-6-4; except where the court determines at the hearing that
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1 the defendant violated a condition of his or her probation
2 restricting contact with the victim or other family members
3 or commits another offense with the victim or other family
4 members, the court shall revoke the defendant's probation and
5 impose a term of imprisonment.
6 For the purposes of this Section, "family member" and
7 "victim" shall have the meanings ascribed to them in Section
8 12-12 of the Criminal Code of 1961.
9 (f) This Article shall not deprive a court in other
10 proceedings to order a forfeiture of property, to suspend or
11 cancel a license, to remove a person from office, or to
12 impose any other civil penalty.
13 (g) Whenever a defendant is convicted of an offense
14 under Sections 11-14, 11-15, 11-15.1, 11-16, 11-17, 11-18,
15 11-18.1, 11-19, 11-19.1, 11-19.2, 12-13, 12-14, 12-14.1,
16 12-15 or 12-16 of the Criminal Code of 1961, the defendant
17 shall undergo medical testing to determine whether the
18 defendant has any sexually transmissible disease, including a
19 test for infection with human immunodeficiency virus (HIV) or
20 any other identified causative agent of acquired
21 immunodeficiency syndrome (AIDS). Any such medical test
22 shall be performed only by appropriately licensed medical
23 practitioners and may include an analysis of any bodily
24 fluids as well as an examination of the defendant's person.
25 Except as otherwise provided by law, the results of such test
26 shall be kept strictly confidential by all medical personnel
27 involved in the testing and must be personally delivered in a
28 sealed envelope to the judge of the court in which the
29 conviction was entered for the judge's inspection in camera.
30 Acting in accordance with the best interests of the victim
31 and the public, the judge shall have the discretion to
32 determine to whom, if anyone, the results of the testing may
33 be revealed. The court shall notify the defendant of the test
34 results. The court shall also notify the victim if requested
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1 by the victim, and if the victim is under the age of 15 and
2 if requested by the victim's parents or legal guardian, the
3 court shall notify the victim's parents or legal guardian of
4 the test results. The court shall provide information on the
5 availability of HIV testing and counseling at Department of
6 Public Health facilities to all parties to whom the results
7 of the testing are revealed and shall direct the State's
8 Attorney to provide the information to the victim when
9 possible. A State's Attorney may petition the court to obtain
10 the results of any HIV test administered under this Section,
11 and the court shall grant the disclosure if the State's
12 Attorney shows it is relevant in order to prosecute a charge
13 of criminal transmission of HIV under Section 12-16.2 of the
14 Criminal Code of 1961 against the defendant. The court shall
15 order that the cost of any such test shall be paid by the
16 county and may be taxed as costs against the convicted
17 defendant.
18 (g-5) When an inmate is tested for an airborne
19 communicable disease, as determined by the Illinois
20 Department of Public Health including but not limited to
21 tuberculosis, the results of the test shall be personally
22 delivered by the warden or his or her designee in a sealed
23 envelope to the judge of the court in which the inmate must
24 appear for the judge's inspection in camera if requested by
25 the judge. Acting in accordance with the best interests of
26 those in the courtroom, the judge shall have the discretion
27 to determine what if any precautions need to be taken to
28 prevent transmission of the disease in the courtroom.
29 (h) Whenever a defendant is convicted of an offense
30 under Section 1 or 2 of the Hypodermic Syringes and Needles
31 Act, the defendant shall undergo medical testing to determine
32 whether the defendant has been exposed to human
33 immunodeficiency virus (HIV) or any other identified
34 causative agent of acquired immunodeficiency syndrome (AIDS).
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1 Except as otherwise provided by law, the results of such test
2 shall be kept strictly confidential by all medical personnel
3 involved in the testing and must be personally delivered in a
4 sealed envelope to the judge of the court in which the
5 conviction was entered for the judge's inspection in camera.
6 Acting in accordance with the best interests of the public,
7 the judge shall have the discretion to determine to whom, if
8 anyone, the results of the testing may be revealed. The court
9 shall notify the defendant of a positive test showing an
10 infection with the human immunodeficiency virus (HIV). The
11 court shall provide information on the availability of HIV
12 testing and counseling at Department of Public Health
13 facilities to all parties to whom the results of the testing
14 are revealed and shall direct the State's Attorney to provide
15 the information to the victim when possible. A State's
16 Attorney may petition the court to obtain the results of any
17 HIV test administered under this Section, and the court
18 shall grant the disclosure if the State's Attorney shows it
19 is relevant in order to prosecute a charge of criminal
20 transmission of HIV under Section 12-16.2 of the Criminal
21 Code of 1961 against the defendant. The court shall order
22 that the cost of any such test shall be paid by the county
23 and may be taxed as costs against the convicted defendant.
24 (i) All fines and penalties imposed under this Section
25 for any violation of Chapters 3, 4, 6, and 11 of the Illinois
26 Vehicle Code, or a similar provision of a local ordinance,
27 and any violation of the Child Passenger Protection Act, or a
28 similar provision of a local ordinance, shall be collected
29 and disbursed by the circuit clerk as provided under Section
30 27.5 of the Clerks of Courts Act.
31 (j) In cases when prosecution for any violation of
32 Section 11-6, 11-8, 11-9, 11-11, 11-14, 11-15, 11-15.1,
33 11-16, 11-17, 11-17.1, 11-18, 11-18.1, 11-19, 11-19.1,
34 11-19.2, 11-20.1, 11-21, 12-13, 12-14, 12-14.1, 12-15, or
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1 12-16 of the Criminal Code of 1961, any violation of the
2 Illinois Controlled Substances Act, or any violation of the
3 Cannabis Control Act results in conviction, a disposition of
4 court supervision, or an order of probation granted under
5 Section 10 of the Cannabis Control Act or Section 410 of the
6 Illinois Controlled Substance Act of a defendant, the court
7 shall determine whether the defendant is employed by a
8 facility or center as defined under the Child Care Act of
9 1969, a public or private elementary or secondary school, or
10 otherwise works with children under 18 years of age on a
11 daily basis. When a defendant is so employed, the court
12 shall order the Clerk of the Court to send a copy of the
13 judgment of conviction or order of supervision or probation
14 to the defendant's employer by certified mail. If the
15 employer of the defendant is a school, the Clerk of the Court
16 shall direct the mailing of a copy of the judgment of
17 conviction or order of supervision or probation to the
18 appropriate regional superintendent of schools. The regional
19 superintendent of schools shall notify the State Board of
20 Education of any notification under this subsection.
21 (j-5) A defendant at least 17 years of age who is
22 convicted of a felony and who has not been previously
23 convicted of a misdemeanor or felony and who is sentenced to
24 a term of imprisonment in the Illinois Department of
25 Corrections shall as a condition of his or her sentence be
26 required by the court to attend educational courses designed
27 to prepare the defendant for a high school diploma and to
28 work toward a high school diploma or to work toward passing
29 the high school level Test of General Educational Development
30 (GED) or to work toward completing a vocational training
31 program offered by the Department of Corrections. If a
32 defendant fails to complete the educational training required
33 by his or her sentence during the term of incarceration, the
34 Prisoner Review Board shall, as a condition of mandatory
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1 supervised release, require the defendant, at his or her own
2 expense, to pursue a course of study toward a high school
3 diploma or passage of the GED test. The Prisoner Review
4 Board shall revoke the mandatory supervised release of a
5 defendant who wilfully fails to comply with this subsection
6 (j-5) upon his or her release from confinement in a penal
7 institution while serving a mandatory supervised release
8 term; however, the inability of the defendant after making a
9 good faith effort to obtain financial aid or pay for the
10 educational training shall not be deemed a wilful failure to
11 comply. The Prisoner Review Board shall recommit the
12 defendant whose mandatory supervised release term has been
13 revoked under this subsection (j-5) as provided in Section
14 3-3-9. This subsection (j-5) does not apply to a defendant
15 who has a high school diploma or has successfully passed the
16 GED test. This subsection (j-5) does not apply to a defendant
17 who is determined by the court to be developmentally disabled
18 or otherwise mentally incapable of completing the educational
19 or vocational program.
20 (k) A court may not impose a sentence or disposition for
21 a felony or misdemeanor that requires the defendant to be
22 implanted or injected with or to use any form of birth
23 control.
24 (l) (A) Except as provided in paragraph (C) of
25 subsection (l), whenever a defendant, who is an alien as
26 defined by the Immigration and Nationality Act, is
27 convicted of any felony or misdemeanor offense, the court
28 after sentencing the defendant may, upon motion of the
29 State's Attorney, hold sentence in abeyance and remand
30 the defendant to the custody of the Attorney General of
31 the United States or his or her designated agent to be
32 deported when:
33 (1) a final order of deportation has been
34 issued against the defendant pursuant to proceedings
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1 under the Immigration and Nationality Act, and
2 (2) the deportation of the defendant would not
3 deprecate the seriousness of the defendant's conduct
4 and would not be inconsistent with the ends of
5 justice.
6 Otherwise, the defendant shall be sentenced as
7 provided in this Chapter V.
8 (B) If the defendant has already been sentenced for
9 a felony or misdemeanor offense, or has been placed on
10 probation under Section 10 of the Cannabis Control Act or
11 Section 410 of the Illinois Controlled Substances Act,
12 the court may, upon motion of the State's Attorney to
13 suspend the sentence imposed, commit the defendant to the
14 custody of the Attorney General of the United States or
15 his or her designated agent when:
16 (1) a final order of deportation has been
17 issued against the defendant pursuant to proceedings
18 under the Immigration and Nationality Act, and
19 (2) the deportation of the defendant would not
20 deprecate the seriousness of the defendant's conduct
21 and would not be inconsistent with the ends of
22 justice.
23 (C) This subsection (l) does not apply to offenders
24 who are subject to the provisions of paragraph (2) of
25 subsection (a) of Section 3-6-3.
26 (D) Upon motion of the State's Attorney, if a
27 defendant sentenced under this Section returns to the
28 jurisdiction of the United States, the defendant shall be
29 recommitted to the custody of the county from which he or
30 she was sentenced. Thereafter, the defendant shall be
31 brought before the sentencing court, which may impose any
32 sentence that was available under Section 5-5-3 at the
33 time of initial sentencing. In addition, the defendant
34 shall not be eligible for additional good conduct credit
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1 for meritorious service as provided under Section 3-6-6.
2 (m) A person convicted of criminal defacement of
3 property under Section 21-1.3 of the Criminal Code of 1961,
4 in which the property damage exceeds $300 and the property
5 damaged is a school building, shall be ordered to perform
6 community service that may include cleanup, removal, or
7 painting over the defacement.
8 (Source: P.A. 89-8, eff. 3-21-95; 89-314, eff. 1-1-96;
9 89-428, eff. 12-13-95; 89-462, eff. 5-29-96; 89-477, eff.
10 6-18-96; 89-507, eff. 7-1-97; 89-545, eff. 7-25-96; 89-587,
11 eff. 7-31-96; 89-627, eff. 1-1-97; 89-688, eff. 6-1-97;
12 90-14, eff. 7-1-97; 90-68, eff. 7-8-97; 90-680, eff. 1-1-99;
13 90-685, eff. 1-1-99; 90-787, eff. 8-14-98; revised 9-16-98.).
14 (Source: P.A. 88-80; incorporates 88-311; 88-670, eff.
15 12-2-94.)
16 Section 99. Effective date. This Act takes effect upon
17 becoming law.".