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| [ Introduced ] | [ Enrolled ] | [ House Amendment 001 ] |
92_HB2266eng HB2266 Engrossed LRB9206514ARsb 1 AN ACT concerning vehicles. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Illinois Vehicle Code is amended by 5 changing Section 6-303 as follows: 6 (625 ILCS 5/6-303) (from Ch. 95 1/2, par. 6-303) 7 Sec. 6-303. Driving while driver's license, permit or 8 privilege to operate a motor vehicle is suspended or revoked. 9 (a) Any person who drives or is in actual physical 10 control of a motor vehicle on any highway of this State at a 11 time when such person's driver's license, permit or privilege 12 to do so or the privilege to obtain a driver's license or 13 permit is revoked or suspended as provided by this Code or 14 the law of another state, except as may be specifically 15 allowed by a judicial driving permit, family financial 16 responsibility driving permit, probationary license to drive, 17 or a restricted driving permit issued pursuant to this Code 18 or under the law of another state, shall be guilty of a Class 19 A misdemeanor. 20 (b) The Secretary of State upon receiving a report of 21 the conviction of any violation indicating a person was 22 operating a motor vehicle during the time when said person's 23 driver's license, permit or privilege was suspended by the 24 Secretary, by the appropriate authority of another state, or 25 pursuant to Section 11-501.1; except as may be specifically 26 allowed by a probationary license to drive, judicial driving 27 permit or restricted driving permit issued pursuant to this 28 Code or the law of another state; shall extend the suspension 29 for the same period of time as the originally imposed 30 suspension; however, if the period of suspension has then 31 expired, the Secretary shall be authorized to suspend said HB2266 Engrossed -2- LRB9206514ARsb 1 person's driving privileges for the same period of time as 2 the originally imposed suspension; and if the conviction was 3 upon a charge which indicated that a vehicle was operated 4 during the time when the person's driver's license, permit or 5 privilege was revoked; except as may be allowed by a 6 restricted driving permit issued pursuant to this Code or the 7 law of another state; the Secretary shall not issue a 8 driver's license for an additional period of one year from 9 the date of such conviction indicating such person was 10 operating a vehicle during such period of revocation. 11 (c) Any person convicted of violating this Section shall 12 serve a minimum term of imprisonment of 107consecutive days 13 or 30 days of community service when the person's driving 14 privilege was revoked or suspended as a result of: 15 (1) a violation of Section 11-501 of this Code or a 16 similar provision of a local ordinance relating to the 17 offense of operating or being in physical control of a 18 vehicle while under the influence of alcohol, any other 19 drug or any combination thereof; or 20 (2) a violation of paragraph (b) of Section 11-401 21 of this Code or a similar provision of a local ordinance 22 relating to the offense of leaving the scene of a motor 23 vehicle accident involving personal injury or death; or 24 (3) a violation of Section 9-3 of the Criminal Code 25 of 1961, as amended, relating to the offense of reckless 26 homicide; or 27 (4) a statutory summary suspension under Section 28 11-501.1 of this Code. 29 Such sentence of imprisonment or community service shall 30 not be subject to suspension in order to reduce such 31 sentence. 32 (c-1) Except as provided in subsection (d), any person 33 convicted of a second violation of this Section shall be 34 ordered by the court to serve a minimum of 100 hours of HB2266 Engrossed -3- LRB9206514ARsb 1 community service. 2 (c-2) In addition to other penalties imposed under this 3 Section, the court may impose on any person convicted a 4 fourth time of violating this Section any of the following: 5 (1) Seizure of the license plates of the person's 6 vehicle. 7 (2) Immobilization of the person's vehicle for a 8 period of time to be determined by the court. 9 (d) Any person convicted of a secondor subsequent10 violation of this Section shall be guilty of a Class 4 felony 11 and shall serve a minimum term of imprisonment of 30 days or 12 300 hours of community service, as determined by the court, 13 if theoriginalrevocation or suspension was for a violation 14 of Section 11-401 or 11-501 of this Code, or a similar 15 out-of-state offense, or a similar provision of a local 16 ordinance, a violation of Section 9-3 of the Criminal Code of 17 1961, relating to the offense of reckless homicide, or a 18 similar out-of-state offense, or a statutory summary 19 suspension under Section 11-501.1 of this Code. 20 (d-1) Except as provided in subsection (d-2) and 21 subsection (d-3), any person convicted of a third or 22 subsequent violation of this Section shall serve a minimum 23 term of imprisonment of 30 days or 300 hours of community 24 service, as determined by the court. 25 (d-2) Any person convicted of a third violation of this 26 Section is guilty of a Class 4 felony and must serve a 27 minimum term of imprisonment of 30 days if the revocation or 28 suspension was for a violation of Section 11-401 or 11-501 of 29 this Code, or a similar out-of-state offense, or a similar 30 provision of a local ordinance, a violation of Section 9-3 of 31 the Criminal Code of 1961, relating to the offense of 32 reckless homicide, or a similar out-of-state offense, or a 33 statutory summary suspension under Section 11-501.1 of this 34 Code. HB2266 Engrossed -4- LRB9206514ARsb 1 (d-3) Any person convicted of a fourth or subsequent 2 violation of this Section is guilty of a Class 4 felony and 3 must serve a minimum term of imprisonment of 180 days if the 4 revocation or suspension was for a violation of Section 5 11-401 or 11-501 of this Code, or a similar out-of-state 6 offense, or a similar provision of a local ordinance, a 7 violation of Section 9-3 of the Criminal Code of 1961, 8 relating to the offense of reckless homicide, or a similar 9 out-of-state offense, or a statutory summary suspension under 10 Section 11-501.1 of this Code. 11 (e) Any person in violation of this Section who is also 12 in violation of Section 7-601 of this Code relating to 13 mandatory insurance requirements, in addition to other 14 penalties imposed under this Section, shall have his or her 15 motor vehicle immediately impounded by the arresting law 16 enforcement officer. The motor vehicle may be released to 17 any licensed driver upon a showing of proof of insurance for 18 the vehicle that was impounded and the notarized written 19 consent for the release by the vehicle owner. 20 (f) For any prosecution under this Section, a certified 21 copy of the driving abstract of the defendant shall be 22 admitted as proof of any prior conviction. 23 (Source: P.A. 90-400, eff. 8-15-97; 90-738, eff. 1-1-99; 24 91-692, eff. 4-13-00.) 25 Section 10. The Unified Code of Corrections is amended 26 by changing Sections 5-5-3 and 5-6-3 as follows: 27 (730 ILCS 5/5-5-3) (from Ch. 38, par. 1005-5-3) 28 Sec. 5-5-3. Disposition. 29 (a) Every person convicted of an offense shall be 30 sentenced as provided in this Section. 31 (b) The following options shall be appropriate 32 dispositions, alone or in combination, for all felonies and HB2266 Engrossed -5- LRB9206514ARsb 1 misdemeanors other than those identified in subsection (c) of 2 this Section: 3 (1) A period of probation. 4 (2) A term of periodic imprisonment. 5 (3) A term of conditional discharge. 6 (4) A term of imprisonment. 7 (5) An order directing the offender to clean up and 8 repair the damage, if the offender was convicted under 9 paragraph (h) of Section 21-1 of the Criminal Code of 10 1961. 11 (6) A fine. 12 (7) An order directing the offender to make 13 restitution to the victim under Section 5-5-6 of this 14 Code. 15 (8) A sentence of participation in a county impact 16 incarceration program under Section 5-8-1.2 of this Code. 17 Whenever an individual is sentenced for an offense based 18 upon an arrest for a violation of Section 11-501 of the 19 Illinois Vehicle Code, or a similar provision of a local 20 ordinance, and the professional evaluation recommends 21 remedial or rehabilitative treatment or education, neither 22 the treatment nor the education shall be the sole disposition 23 and either or both may be imposed only in conjunction with 24 another disposition. The court shall monitor compliance with 25 any remedial education or treatment recommendations contained 26 in the professional evaluation. Programs conducting alcohol 27 or other drug evaluation or remedial education must be 28 licensed by the Department of Human Services. However, if 29 the individual is not a resident of Illinois, the court may 30 accept an alcohol or other drug evaluation or remedial 31 education program in the state of such individual's 32 residence. Programs providing treatment must be licensed 33 under existing applicable alcoholism and drug treatment 34 licensure standards. HB2266 Engrossed -6- LRB9206514ARsb 1 In addition to any other fine or penalty required by law, 2 any individual convicted of a violation of Section 11-501 of 3 the Illinois Vehicle Code or a similar provision of local 4 ordinance, whose operation of a motor vehicle while in 5 violation of Section 11-501 or such ordinance proximately 6 caused an incident resulting in an appropriate emergency 7 response, shall be required to make restitution to a public 8 agency for the costs of that emergency response. Such 9 restitution shall not exceed $500 per public agency for each 10 such emergency response. For the purpose of this paragraph, 11 emergency response shall mean any incident requiring a 12 response by: a police officer as defined under Section 1-162 13 of the Illinois Vehicle Code; a fireman carried on the rolls 14 of a regularly constituted fire department; and an ambulance 15 as defined under Section 4.05 of the Emergency Medical 16 Services (EMS) Systems Act. 17 Neither a fine nor restitution shall be the sole 18 disposition for a felony and either or both may be imposed 19 only in conjunction with another disposition. 20 (c) (1) When a defendant is found guilty of first degree 21 murder the State may either seek a sentence of 22 imprisonment under Section 5-8-1 of this Code, or where 23 appropriate seek a sentence of death under Section 9-1 of 24 the Criminal Code of 1961. 25 (2) A period of probation, a term of periodic 26 imprisonment or conditional discharge shall not be 27 imposed for the following offenses. The court shall 28 sentence the offender to not less than the minimum term 29 of imprisonment set forth in this Code for the following 30 offenses, and may order a fine or restitution or both in 31 conjunction with such term of imprisonment: 32 (A) First degree murder where the death 33 penalty is not imposed. 34 (B) Attempted first degree murder. HB2266 Engrossed -7- LRB9206514ARsb 1 (C) A Class X felony. 2 (D) A violation of Section 401.1 or 407 of the 3 Illinois Controlled Substances Act, or a violation 4 of subdivision (c)(2) of Section 401 of that Act 5 which relates to more than 5 grams of a substance 6 containing cocaine or an analog thereof. 7 (E) A violation of Section 5.1 or 9 of the 8 Cannabis Control Act. 9 (F) A Class 2 or greater felony if the 10 offender had been convicted of a Class 2 or greater 11 felony within 10 years of the date on which the 12 offender committed the offense for which he or she 13 is being sentenced, except as otherwise provided in 14 Section 40-10 of the Alcoholism and Other Drug Abuse 15 and Dependency Act. 16 (G) Residential burglary, except as otherwise 17 provided in Section 40-10 of the Alcoholism and 18 Other Drug Abuse and Dependency Act. 19 (H) Criminal sexual assault, except as 20 otherwise provided in subsection (e) of this 21 Section. 22 (I) Aggravated battery of a senior citizen. 23 (J) A forcible felony if the offense was 24 related to the activities of an organized gang. 25 Before July 1, 1994, for the purposes of this 26 paragraph, "organized gang" means an association of 27 5 or more persons, with an established hierarchy, 28 that encourages members of the association to 29 perpetrate crimes or provides support to the members 30 of the association who do commit crimes. 31 Beginning July 1, 1994, for the purposes of 32 this paragraph, "organized gang" has the meaning 33 ascribed to it in Section 10 of the Illinois 34 Streetgang Terrorism Omnibus Prevention Act. HB2266 Engrossed -8- LRB9206514ARsb 1 (K) Vehicular hijacking. 2 (L) A second or subsequent conviction for the 3 offense of hate crime when the underlying offense 4 upon which the hate crime is based is felony 5 aggravated assault or felony mob action. 6 (M) A second or subsequent conviction for the 7 offense of institutional vandalism if the damage to 8 the property exceeds $300. 9 (N) A Class 3 felony violation of paragraph 10 (1) of subsection (a) of Section 2 of the Firearm 11 Owners Identification Card Act. 12 (O) A violation of Section 12-6.1 of the 13 Criminal Code of 1961. 14 (P) A violation of paragraph (1), (2), (3), 15 (4), (5), or (7) of subsection (a) of Section 16 11-20.1 of the Criminal Code of 1961. 17 (Q) A violation of Section 20-1.2 of the 18 Criminal Code of 1961. 19 (R) A violation of Section 24-3A of the 20 Criminal Code of 1961. 21 (3) A minimum term of imprisonment of not less than 22 48 consecutive hours or 100 hours of community service as 23 may be determined by the court shall be imposed for a 24 second or subsequent violation committed within 5 years 25 of a previous violation of Section 11-501 of the Illinois 26 Vehicle Code or a similar provision of a local ordinance. 27 (4) A minimum term of imprisonment of not less than 28 107consecutive days or 30 days of community service 29 shall be imposed for a violation of paragraph (c) of 30 Section 6-303 of the Illinois Vehicle Code. 31 (4.1) A minimum term of 30 consecutive days of 32 imprisonment, 40 days of 24 hour periodic imprisonment or 33 720 hours of community service, as may be determined by 34 the court, shall be imposed for a violation of Section HB2266 Engrossed -9- LRB9206514ARsb 1 11-501 of the Illinois Vehicle Code during a period in 2 which the defendant's driving privileges are revoked or 3 suspended, where the revocation or suspension was for a 4 violation of Section 11-501 or Section 11-501.1 of that 5 Code. 6 (4.2) Except as provided in paragraph (4.3) of this 7 subsection (c), a minimum of 100 hours of community 8 service shall be imposed for a second violation of 9 Section 6-303 of the Illinois Vehicle Code. 10 (4.3) A minimum term of imprisonment of 30 days or 11 300 hours of community service, as determined by the 12 court, shall be imposed for a second violation of 13 subsection (c) of Section 6-303 of the Illinois Vehicle 14 Code. 15 (4.4) Except as provided in paragraph (4.5) and 16 paragraph (4.6) of this subsection (c), a minimum term of 17 imprisonment of 30 days or 300 hours of community 18 service, as determined by the court, shall be imposed for 19 a third or subsequent violation of Section 6-303 of the 20 Illinois Vehicle Code. 21 (4.5) A minimum term of imprisonment of 30 days 22 shall be imposed for a third violation of subsection (c) 23 of Section 6-303 of the Illinois Vehicle Code. 24 (4.6) A minimum term of imprisonment of 180 days 25 shall be imposed for a fourth or subsequent violation of 26 subsection (c) of Section 6-303 of the Illinois Vehicle 27 Code. 28 (5) The court may sentence an offender convicted of 29 a business offense or a petty offense or a corporation or 30 unincorporated association convicted of any offense to: 31 (A) a period of conditional discharge; 32 (B) a fine; 33 (C) make restitution to the victim under 34 Section 5-5-6 of this Code. HB2266 Engrossed -10- LRB9206514ARsb 1 (6) In no case shall an offender be eligible for a 2 disposition of probation or conditional discharge for a 3 Class 1 felony committed while he was serving a term of 4 probation or conditional discharge for a felony. 5 (7) When a defendant is adjudged a habitual 6 criminal under Article 33B of the Criminal Code of 1961, 7 the court shall sentence the defendant to a term of 8 natural life imprisonment. 9 (8) When a defendant, over the age of 21 years, is 10 convicted of a Class 1 or Class 2 felony, after having 11 twice been convicted of any Class 2 or greater Class 12 felonies in Illinois, and such charges are separately 13 brought and tried and arise out of different series of 14 acts, such defendant shall be sentenced as a Class X 15 offender. This paragraph shall not apply unless (1) the 16 first felony was committed after the effective date of 17 this amendatory Act of 1977; and (2) the second felony 18 was committed after conviction on the first; and (3) the 19 third felony was committed after conviction on the 20 second. 21 (9) A defendant convicted of a second or subsequent 22 offense of ritualized abuse of a child may be sentenced 23 to a term of natural life imprisonment. 24 (d) In any case in which a sentence originally imposed 25 is vacated, the case shall be remanded to the trial court. 26 The trial court shall hold a hearing under Section 5-4-1 of 27 the Unified Code of Corrections which may include evidence of 28 the defendant's life, moral character and occupation during 29 the time since the original sentence was passed. The trial 30 court shall then impose sentence upon the defendant. The 31 trial court may impose any sentence which could have been 32 imposed at the original trial subject to Section 5-5-4 of the 33 Unified Code of Corrections. 34 (e) In cases where prosecution for criminal sexual HB2266 Engrossed -11- LRB9206514ARsb 1 assault or aggravated criminal sexual abuse under Section 2 12-13 or 12-16 of the Criminal Code of 1961 results in 3 conviction of a defendant who was a family member of the 4 victim at the time of the commission of the offense, the 5 court shall consider the safety and welfare of the victim and 6 may impose a sentence of probation only where: 7 (1) the court finds (A) or (B) or both are 8 appropriate: 9 (A) the defendant is willing to undergo a 10 court approved counseling program for a minimum 11 duration of 2 years; or 12 (B) the defendant is willing to participate in 13 a court approved plan including but not limited to 14 the defendant's: 15 (i) removal from the household; 16 (ii) restricted contact with the victim; 17 (iii) continued financial support of the 18 family; 19 (iv) restitution for harm done to the 20 victim; and 21 (v) compliance with any other measures 22 that the court may deem appropriate; and 23 (2) the court orders the defendant to pay for the 24 victim's counseling services, to the extent that the 25 court finds, after considering the defendant's income and 26 assets, that the defendant is financially capable of 27 paying for such services, if the victim was under 18 28 years of age at the time the offense was committed and 29 requires counseling as a result of the offense. 30 Probation may be revoked or modified pursuant to Section 31 5-6-4; except where the court determines at the hearing that 32 the defendant violated a condition of his or her probation 33 restricting contact with the victim or other family members 34 or commits another offense with the victim or other family HB2266 Engrossed -12- LRB9206514ARsb 1 members, the court shall revoke the defendant's probation and 2 impose a term of imprisonment. 3 For the purposes of this Section, "family member" and 4 "victim" shall have the meanings ascribed to them in Section 5 12-12 of the Criminal Code of 1961. 6 (f) This Article shall not deprive a court in other 7 proceedings to order a forfeiture of property, to suspend or 8 cancel a license, to remove a person from office, or to 9 impose any other civil penalty. 10 (g) Whenever a defendant is convicted of an offense 11 under Sections 11-14, 11-15, 11-15.1, 11-16, 11-17, 11-18, 12 11-18.1, 11-19, 11-19.1, 11-19.2, 12-13, 12-14, 12-14.1, 13 12-15 or 12-16 of the Criminal Code of 1961, the defendant 14 shall undergo medical testing to determine whether the 15 defendant has any sexually transmissible disease, including a 16 test for infection with human immunodeficiency virus (HIV) or 17 any other identified causative agent of acquired 18 immunodeficiency syndrome (AIDS). Any such medical test 19 shall be performed only by appropriately licensed medical 20 practitioners and may include an analysis of any bodily 21 fluids as well as an examination of the defendant's person. 22 Except as otherwise provided by law, the results of such test 23 shall be kept strictly confidential by all medical personnel 24 involved in the testing and must be personally delivered in a 25 sealed envelope to the judge of the court in which the 26 conviction was entered for the judge's inspection in camera. 27 Acting in accordance with the best interests of the victim 28 and the public, the judge shall have the discretion to 29 determine to whom, if anyone, the results of the testing may 30 be revealed. The court shall notify the defendant of the test 31 results. The court shall also notify the victim if requested 32 by the victim, and if the victim is under the age of 15 and 33 if requested by the victim's parents or legal guardian, the 34 court shall notify the victim's parents or legal guardian of HB2266 Engrossed -13- LRB9206514ARsb 1 the test results. The court shall provide information on the 2 availability of HIV testing and counseling at Department of 3 Public Health facilities to all parties to whom the results 4 of the testing are revealed and shall direct the State's 5 Attorney to provide the information to the victim when 6 possible. A State's Attorney may petition the court to obtain 7 the results of any HIV test administered under this Section, 8 and the court shall grant the disclosure if the State's 9 Attorney shows it is relevant in order to prosecute a charge 10 of criminal transmission of HIV under Section 12-16.2 of the 11 Criminal Code of 1961 against the defendant. The court shall 12 order that the cost of any such test shall be paid by the 13 county and may be taxed as costs against the convicted 14 defendant. 15 (g-5) When an inmate is tested for an airborne 16 communicable disease, as determined by the Illinois 17 Department of Public Health including but not limited to 18 tuberculosis, the results of the test shall be personally 19 delivered by the warden or his or her designee in a sealed 20 envelope to the judge of the court in which the inmate must 21 appear for the judge's inspection in camera if requested by 22 the judge. Acting in accordance with the best interests of 23 those in the courtroom, the judge shall have the discretion 24 to determine what if any precautions need to be taken to 25 prevent transmission of the disease in the courtroom. 26 (h) Whenever a defendant is convicted of an offense 27 under Section 1 or 2 of the Hypodermic Syringes and Needles 28 Act, the defendant shall undergo medical testing to determine 29 whether the defendant has been exposed to human 30 immunodeficiency virus (HIV) or any other identified 31 causative agent of acquired immunodeficiency syndrome (AIDS). 32 Except as otherwise provided by law, the results of such test 33 shall be kept strictly confidential by all medical personnel 34 involved in the testing and must be personally delivered in a HB2266 Engrossed -14- LRB9206514ARsb 1 sealed envelope to the judge of the court in which the 2 conviction was entered for the judge's inspection in camera. 3 Acting in accordance with the best interests of the public, 4 the judge shall have the discretion to determine to whom, if 5 anyone, the results of the testing may be revealed. The court 6 shall notify the defendant of a positive test showing an 7 infection with the human immunodeficiency virus (HIV). The 8 court shall provide information on the availability of HIV 9 testing and counseling at Department of Public Health 10 facilities to all parties to whom the results of the testing 11 are revealed and shall direct the State's Attorney to provide 12 the information to the victim when possible. A State's 13 Attorney may petition the court to obtain the results of any 14 HIV test administered under this Section, and the court 15 shall grant the disclosure if the State's Attorney shows it 16 is relevant in order to prosecute a charge of criminal 17 transmission of HIV under Section 12-16.2 of the Criminal 18 Code of 1961 against the defendant. The court shall order 19 that the cost of any such test shall be paid by the county 20 and may be taxed as costs against the convicted defendant. 21 (i) All fines and penalties imposed under this Section 22 for any violation of Chapters 3, 4, 6, and 11 of the Illinois 23 Vehicle Code, or a similar provision of a local ordinance, 24 and any violation of the Child Passenger Protection Act, or a 25 similar provision of a local ordinance, shall be collected 26 and disbursed by the circuit clerk as provided under Section 27 27.5 of the Clerks of Courts Act. 28 (j) In cases when prosecution for any violation of 29 Section 11-6, 11-8, 11-9, 11-11, 11-14, 11-15, 11-15.1, 30 11-16, 11-17, 11-17.1, 11-18, 11-18.1, 11-19, 11-19.1, 31 11-19.2, 11-20.1, 11-21, 12-13, 12-14, 12-14.1, 12-15, or 32 12-16 of the Criminal Code of 1961, any violation of the 33 Illinois Controlled Substances Act, or any violation of the 34 Cannabis Control Act results in conviction, a disposition of HB2266 Engrossed -15- LRB9206514ARsb 1 court supervision, or an order of probation granted under 2 Section 10 of the Cannabis Control Act or Section 410 of the 3 Illinois Controlled Substance Act of a defendant, the court 4 shall determine whether the defendant is employed by a 5 facility or center as defined under the Child Care Act of 6 1969, a public or private elementary or secondary school, or 7 otherwise works with children under 18 years of age on a 8 daily basis. When a defendant is so employed, the court 9 shall order the Clerk of the Court to send a copy of the 10 judgment of conviction or order of supervision or probation 11 to the defendant's employer by certified mail. If the 12 employer of the defendant is a school, the Clerk of the Court 13 shall direct the mailing of a copy of the judgment of 14 conviction or order of supervision or probation to the 15 appropriate regional superintendent of schools. The regional 16 superintendent of schools shall notify the State Board of 17 Education of any notification under this subsection. 18 (j-5) A defendant at least 17 years of age who is 19 convicted of a felony and who has not been previously 20 convicted of a misdemeanor or felony and who is sentenced to 21 a term of imprisonment in the Illinois Department of 22 Corrections shall as a condition of his or her sentence be 23 required by the court to attend educational courses designed 24 to prepare the defendant for a high school diploma and to 25 work toward a high school diploma or to work toward passing 26 the high school level Test of General Educational Development 27 (GED) or to work toward completing a vocational training 28 program offered by the Department of Corrections. If a 29 defendant fails to complete the educational training required 30 by his or her sentence during the term of incarceration, the 31 Prisoner Review Board shall, as a condition of mandatory 32 supervised release, require the defendant, at his or her own 33 expense, to pursue a course of study toward a high school 34 diploma or passage of the GED test. The Prisoner Review HB2266 Engrossed -16- LRB9206514ARsb 1 Board shall revoke the mandatory supervised release of a 2 defendant who wilfully fails to comply with this subsection 3 (j-5) upon his or her release from confinement in a penal 4 institution while serving a mandatory supervised release 5 term; however, the inability of the defendant after making a 6 good faith effort to obtain financial aid or pay for the 7 educational training shall not be deemed a wilful failure to 8 comply. The Prisoner Review Board shall recommit the 9 defendant whose mandatory supervised release term has been 10 revoked under this subsection (j-5) as provided in Section 11 3-3-9. This subsection (j-5) does not apply to a defendant 12 who has a high school diploma or has successfully passed the 13 GED test. This subsection (j-5) does not apply to a defendant 14 who is determined by the court to be developmentally disabled 15 or otherwise mentally incapable of completing the educational 16 or vocational program. 17 (k) A court may not impose a sentence or disposition for 18 a felony or misdemeanor that requires the defendant to be 19 implanted or injected with or to use any form of birth 20 control. 21 (l) (A) Except as provided in paragraph (C) of 22 subsection (l), whenever a defendant, who is an alien as 23 defined by the Immigration and Nationality Act, is 24 convicted of any felony or misdemeanor offense, the court 25 after sentencing the defendant may, upon motion of the 26 State's Attorney, hold sentence in abeyance and remand 27 the defendant to the custody of the Attorney General of 28 the United States or his or her designated agent to be 29 deported when: 30 (1) a final order of deportation has been 31 issued against the defendant pursuant to proceedings 32 under the Immigration and Nationality Act, and 33 (2) the deportation of the defendant would not 34 deprecate the seriousness of the defendant's conduct HB2266 Engrossed -17- LRB9206514ARsb 1 and would not be inconsistent with the ends of 2 justice. 3 Otherwise, the defendant shall be sentenced as 4 provided in this Chapter V. 5 (B) If the defendant has already been sentenced for 6 a felony or misdemeanor offense, or has been placed on 7 probation under Section 10 of the Cannabis Control Act or 8 Section 410 of the Illinois Controlled Substances Act, 9 the court may, upon motion of the State's Attorney to 10 suspend the sentence imposed, commit the defendant to the 11 custody of the Attorney General of the United States or 12 his or her designated agent when: 13 (1) a final order of deportation has been 14 issued against the defendant pursuant to proceedings 15 under the Immigration and Nationality Act, and 16 (2) the deportation of the defendant would not 17 deprecate the seriousness of the defendant's conduct 18 and would not be inconsistent with the ends of 19 justice. 20 (C) This subsection (l) does not apply to offenders 21 who are subject to the provisions of paragraph (2) of 22 subsection (a) of Section 3-6-3. 23 (D) Upon motion of the State's Attorney, if a 24 defendant sentenced under this Section returns to the 25 jurisdiction of the United States, the defendant shall be 26 recommitted to the custody of the county from which he or 27 she was sentenced. Thereafter, the defendant shall be 28 brought before the sentencing court, which may impose any 29 sentence that was available under Section 5-5-3 at the 30 time of initial sentencing. In addition, the defendant 31 shall not be eligible for additional good conduct credit 32 for meritorious service as provided under Section 3-6-6. 33 (m) A person convicted of criminal defacement of 34 property under Section 21-1.3 of the Criminal Code of 1961, HB2266 Engrossed -18- LRB9206514ARsb 1 in which the property damage exceeds $300 and the property 2 damaged is a school building, shall be ordered to perform 3 community service that may include cleanup, removal, or 4 painting over the defacement. 5 (Source: P.A. 90-14, eff. 7-1-97; 90-68, eff. 7-8-97; 90-680, 6 eff. 1-1-99; 90-685, eff. 1-1-99; 90-787, eff. 8-14-98; 7 91-357, eff. 7-29-99; 91-404, eff. 1-1-00; 91-663, eff. 8 12-22-99; 91-695, eff. 4-13-00.) 9 (730 ILCS 5/5-6-3) (from Ch. 38, par. 1005-6-3) 10 Sec. 5-6-3. Conditions of Probation and of Conditional 11 Discharge. 12 (a) The conditions of probation and of conditional 13 discharge shall be that the person: 14 (1) not violate any criminal statute of any 15 jurisdiction; 16 (2) report to or appear in person before such 17 person or agency as directed by the court; 18 (3) refrain from possessing a firearm or other 19 dangerous weapon; 20 (4) not leave the State without the consent of the 21 court or, in circumstances in which the reason for the 22 absence is of such an emergency nature that prior consent 23 by the court is not possible, without the prior 24 notification and approval of the person's probation 25 officer; 26 (5) permit the probation officer to visit him at 27 his home or elsewhere to the extent necessary to 28 discharge his duties; 29 (6) perform no less than 30 hours of community 30 service and not more than 120 hours of community service, 31 if community service is available in the jurisdiction and 32 is funded and approved by the county board where the 33 offense was committed, where the offense was related to HB2266 Engrossed -19- LRB9206514ARsb 1 or in furtherance of the criminal activities of an 2 organized gang and was motivated by the offender's 3 membership in or allegiance to an organized gang. The 4 community service shall include, but not be limited to, 5 the cleanup and repair of any damage caused by a 6 violation of Section 21-1.3 of the Criminal Code of 1961 7 and similar damage to property located within the 8 municipality or county in which the violation occurred. 9 When possible and reasonable, the community service 10 should be performed in the offender's neighborhood. For 11 purposes of this Section, "organized gang" has the 12 meaning ascribed to it in Section 10 of the Illinois 13 Streetgang Terrorism Omnibus Prevention Act; 14 (7) if he or she is at least 17 years of age and 15 has been sentenced to probation or conditional discharge 16 for a misdemeanor or felony in a county of 3,000,000 or 17 more inhabitants and has not been previously convicted of 18 a misdemeanor or felony, may be required by the 19 sentencing court to attend educational courses designed 20 to prepare the defendant for a high school diploma and to 21 work toward a high school diploma or to work toward 22 passing the high school level Test of General Educational 23 Development (GED) or to work toward completing a 24 vocational training program approved by the court. The 25 person on probation or conditional discharge must attend 26 a public institution of education to obtain the 27 educational or vocational training required by this 28 clause (7). The court shall revoke the probation or 29 conditional discharge of a person who wilfully fails to 30 comply with this clause (7). The person on probation or 31 conditional discharge shall be required to pay for the 32 cost of the educational courses or GED test, if a fee is 33 charged for those courses or test. The court shall 34 resentence the offender whose probation or conditional HB2266 Engrossed -20- LRB9206514ARsb 1 discharge has been revoked as provided in Section 5-6-4. 2 This clause (7) does not apply to a person who has a high 3 school diploma or has successfully passed the GED test. 4 This clause (7) does not apply to a person who is 5 determined by the court to be developmentally disabled or 6 otherwise mentally incapable of completing the 7 educational or vocational program; and 8 (8) if convicted of possession of a substance 9 prohibited by the Cannabis Control Act or Illinois 10 Controlled Substances Act after a previous conviction or 11 disposition of supervision for possession of a substance 12 prohibited by the Cannabis Control Act or Illinois 13 Controlled Substances Act or after a sentence of 14 probation under Section 10 of the Cannabis Control Act or 15 Section 410 of the Illinois Controlled Substances Act and 16 upon a finding by the court that the person is addicted, 17 undergo treatment at a substance abuse program approved 18 by the court. 19 (b) The Court may in addition to other reasonable 20 conditions relating to the nature of the offense or the 21 rehabilitation of the defendant as determined for each 22 defendant in the proper discretion of the Court require that 23 the person: 24 (1) serve a term of periodic imprisonment under 25 Article 7 for a period not to exceed that specified in 26 paragraph (d) of Section 5-7-1; 27 (2) pay a fine and costs; 28 (3) work or pursue a course of study or vocational 29 training; 30 (4) undergo medical, psychological or psychiatric 31 treatment; or treatment for drug addiction or alcoholism; 32 (5) attend or reside in a facility established for 33 the instruction or residence of defendants on probation; 34 (6) support his dependents; HB2266 Engrossed -21- LRB9206514ARsb 1 (7) and in addition, if a minor: 2 (i) reside with his parents or in a foster 3 home; 4 (ii) attend school; 5 (iii) attend a non-residential program for 6 youth; 7 (iv) contribute to his own support at home or 8 in a foster home; 9 (8) make restitution as provided in Section 5-5-6 10 of this Code; 11 (9) perform some reasonable public or community 12 service; 13 (10) serve a term of home confinement. In addition 14 to any other applicable condition of probation or 15 conditional discharge, the conditions of home confinement 16 shall be that the offender: 17 (i) remain within the interior premises of the 18 place designated for his confinement during the 19 hours designated by the court; 20 (ii) admit any person or agent designated by 21 the court into the offender's place of confinement 22 at any time for purposes of verifying the offender's 23 compliance with the conditions of his confinement; 24 and 25 (iii) if further deemed necessary by the court 26 or the Probation or Court Services Department, be 27 placed on an approved electronic monitoring device, 28 subject to Article 8A of Chapter V; 29 (iv) for persons convicted of any alcohol, 30 cannabis or controlled substance violation who are 31 placed on an approved monitoring device as a 32 condition of probation or conditional discharge, the 33 court shall impose a reasonable fee for each day of 34 the use of the device, as established by the county HB2266 Engrossed -22- LRB9206514ARsb 1 board in subsection (g) of this Section, unless 2 after determining the inability of the offender to 3 pay the fee, the court assesses a lesser fee or no 4 fee as the case may be. This fee shall be imposed in 5 addition to the fees imposed under subsections (g) 6 and (i) of this Section. The fee shall be collected 7 by the clerk of the circuit court. The clerk of the 8 circuit court shall pay all monies collected from 9 this fee to the county treasurer for deposit in the 10 substance abuse services fund under Section 5-1086.1 11 of the Counties Code; and 12 (v) for persons convicted of offenses other 13 than those referenced in clause (iv) above and who 14 are placed on an approved monitoring device as a 15 condition of probation or conditional discharge, the 16 court shall impose a reasonable fee for each day of 17 the use of the device, as established by the county 18 board in subsection (g) of this Section, unless 19 after determining the inability of the defendant to 20 pay the fee, the court assesses a lesser fee or no 21 fee as the case may be. This fee shall be imposed 22 in addition to the fees imposed under subsections 23 (g) and (i) of this Section. The fee shall be 24 collected by the clerk of the circuit court. The 25 clerk of the circuit court shall pay all monies 26 collected from this fee to the county treasurer who 27 shall use the monies collected to defray the costs 28 of corrections. The county treasurer shall deposit 29 the fee collected in the county working cash fund 30 under Section 6-27001 or Section 6-29002 of the 31 Counties Code, as the case may be. 32 (11) comply with the terms and conditions of an 33 order of protection issued by the court pursuant to the 34 Illinois Domestic Violence Act of 1986, as now or HB2266 Engrossed -23- LRB9206514ARsb 1 hereafter amended, or an order of protection issued by 2 the court of another state, tribe, or United States 3 territory. A copy of the order of protection shall be 4 transmitted to the probation officer or agency having 5 responsibility for the case; 6 (12) reimburse any "local anti-crime program" as 7 defined in Section 7 of the Anti-Crime Advisory Council 8 Act for any reasonable expenses incurred by the program 9 on the offender's case, not to exceed the maximum amount 10 of the fine authorized for the offense for which the 11 defendant was sentenced; 12 (13) contribute a reasonable sum of money, not to 13 exceed the maximum amount of the fine authorized for the 14 offense for which the defendant was sentenced, to a 15 "local anti-crime program", as defined in Section 7 of 16 the Anti-Crime Advisory Council Act; 17 (14) refrain from entering into a designated 18 geographic area except upon such terms as the court finds 19 appropriate. Such terms may include consideration of the 20 purpose of the entry, the time of day, other persons 21 accompanying the defendant, and advance approval by a 22 probation officer, if the defendant has been placed on 23 probation or advance approval by the court, if the 24 defendant was placed on conditional discharge; 25 (15) refrain from having any contact, directly or 26 indirectly, with certain specified persons or particular 27 types of persons, including but not limited to members of 28 street gangs and drug users or dealers; 29 (16) refrain from having in his or her body the 30 presence of any illicit drug prohibited by the Cannabis 31 Control Act or the Illinois Controlled Substances Act, 32 unless prescribed by a physician, and submit samples of 33 his or her blood or urine or both for tests to determine 34 the presence of any illicit drug. HB2266 Engrossed -24- LRB9206514ARsb 1 (c) The court may as a condition of probation or of 2 conditional discharge require that a person under 18 years of 3 age found guilty of any alcohol, cannabis or controlled 4 substance violation, refrain from acquiring a driver's 5 license during the period of probation or conditional 6 discharge. If such person is in possession of a permit or 7 license, the court may require that the minor refrain from 8 driving or operating any motor vehicle during the period of 9 probation or conditional discharge, except as may be 10 necessary in the course of the minor's lawful employment. 11 (d) An offender sentenced to probation or to conditional 12 discharge shall be given a certificate setting forth the 13 conditions thereof. 14 (e) Except where the offender has committed a fourth or 15 subsequent violation of subsection (c) of Section 6-303 of 16 the Illinois Vehicle Code, the court shall not require as a 17 condition of the sentence of probation or conditional 18 discharge that the offender be committed to a period of 19 imprisonment in excess of 6 months. This 6 month limit shall 20 not include periods of confinement given pursuant to a 21 sentence of county impact incarceration under Section 22 5-8-1.2. 23 Persons committed to imprisonment as a condition of 24 probation or conditional discharge shall not be committed to 25 the Department of Corrections. 26 (f) The court may combine a sentence of periodic 27 imprisonment under Article 7 or a sentence to a county impact 28 incarceration program under Article 8 with a sentence of 29 probation or conditional discharge. 30 (g) An offender sentenced to probation or to conditional 31 discharge and who during the term of either undergoes 32 mandatory drug or alcohol testing, or both, or is assigned to 33 be placed on an approved electronic monitoring device, shall 34 be ordered to pay all costs incidental to such mandatory drug HB2266 Engrossed -25- LRB9206514ARsb 1 or alcohol testing, or both, and all costs incidental to such 2 approved electronic monitoring in accordance with the 3 defendant's ability to pay those costs. The county board 4 with the concurrence of the Chief Judge of the judicial 5 circuit in which the county is located shall establish 6 reasonable fees for the cost of maintenance, testing, and 7 incidental expenses related to the mandatory drug or alcohol 8 testing, or both, and all costs incidental to approved 9 electronic monitoring, involved in a successful probation 10 program for the county. The concurrence of the Chief Judge 11 shall be in the form of an administrative order. The fees 12 shall be collected by the clerk of the circuit court. The 13 clerk of the circuit court shall pay all moneys collected 14 from these fees to the county treasurer who shall use the 15 moneys collected to defray the costs of drug testing, alcohol 16 testing, and electronic monitoring. The county treasurer 17 shall deposit the fees collected in the county working cash 18 fund under Section 6-27001 or Section 6-29002 of the Counties 19 Code, as the case may be. 20 (h) Jurisdiction over an offender may be transferred 21 from the sentencing court to the court of another circuit 22 with the concurrence of both courts, or to another state 23 under an Interstate Probation Reciprocal Agreement as 24 provided in Section 3-3-11. Further transfers or retransfers 25 of jurisdiction are also authorized in the same manner. The 26 court to which jurisdiction has been transferred shall have 27 the same powers as the sentencing court. 28 (i) The court shall impose upon an offender sentenced to 29 probation after January 1, 1989 or to conditional discharge 30 after January 1, 1992, as a condition of such probation or 31 conditional discharge, a fee of $25 for each month of 32 probation or conditional discharge supervision ordered by the 33 court, unless after determining the inability of the person 34 sentenced to probation or conditional discharge to pay the HB2266 Engrossed -26- LRB9206514ARsb 1 fee, the court assesses a lesser fee. The court may not 2 impose the fee on a minor who is made a ward of the State 3 under the Juvenile Court Act of 1987 while the minor is in 4 placement. The fee shall be imposed only upon an offender who 5 is actively supervised by the probation and court services 6 department. The fee shall be collected by the clerk of the 7 circuit court. The clerk of the circuit court shall pay all 8 monies collected from this fee to the county treasurer for 9 deposit in the probation and court services fund under 10 Section 15.1 of the Probation and Probation Officers Act. 11 (j) All fines and costs imposed under this Section for 12 any violation of Chapters 3, 4, 6, and 11 of the Illinois 13 Vehicle Code, or a similar provision of a local ordinance, 14 and any violation of the Child Passenger Protection Act, or a 15 similar provision of a local ordinance, shall be collected 16 and disbursed by the circuit clerk as provided under Section 17 27.5 of the Clerks of Courts Act. 18 (Source: P.A. 90-14, eff. 7-1-97; 90-399, eff. 1-1-98; 19 90-504, eff. 1-1-98; 90-655, eff. 7-30-98; 91-325, eff. 20 7-29-99; 91-696, eff. 4-13-00; 91-903, eff. 1-1-01.) 21 Section 99. Effective date. This Act takes effect upon 22 becoming law.