State of Illinois
92nd General Assembly
Legislation

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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
 
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 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 10 7 consecutive 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
 
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 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  second  or subsequent
10    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 the original revocation 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        10  7  consecutive  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.

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