State of Illinois
92nd General Assembly
Legislation

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[ Introduced ][ Enrolled ][ Senate Amendment 001 ]


92_HB2300eng

 
HB2300 Engrossed                               LRB9207864ARsb

 1        AN ACT concerning criminal law.

 2        Be it enacted by the People of  the  State  of  Illinois,
 3    represented in the General Assembly:

 4        Section 5.  The Unified Code of Corrections is amended by
 5    changing Section 5-5-3 as follows:

 6        (730 ILCS 5/5-5-3) (from Ch. 38, par. 1005-5-3)
 7        Sec. 5-5-3.  Disposition.
 8        (a)  Every  person  convicted  of  an  offense  shall  be
 9    sentenced as provided in this Section.
10        (b)  The   following   options   shall   be   appropriate
11    dispositions,  alone  or in combination, for all felonies and
12    misdemeanors other than those identified in subsection (c) of
13    this Section:
14             (1)  A period of probation.
15             (2)  A term of periodic imprisonment.
16             (3)  A term of conditional discharge.
17             (4)  A term of imprisonment.
18             (5)  An order directing the offender to clean up and
19        repair the damage, if the offender  was  convicted  under
20        paragraph  (h)  of  Section  21-1 of the Criminal Code of
21        1961.
22             (6)  A fine.
23             (7)  An  order  directing  the  offender   to   make
24        restitution  to  the  victim  under Section 5-5-6 of this
25        Code.
26             (8)  A sentence of participation in a county  impact
27        incarceration program under Section 5-8-1.2 of this Code.
28        Whenever  an individual is sentenced for an offense based
29    upon an arrest for a  violation  of  Section  11-501  of  the
30    Illinois  Vehicle  Code,  or  a  similar provision of a local
31    ordinance,  and  the   professional   evaluation   recommends
 
HB2300 Engrossed            -2-                LRB9207864ARsb
 1    remedial  or  rehabilitative  treatment or education, neither
 2    the treatment nor the education shall be the sole disposition
 3    and either or both may be imposed only  in  conjunction  with
 4    another  disposition. The court shall monitor compliance with
 5    any remedial education or treatment recommendations contained
 6    in the professional evaluation.  Programs conducting  alcohol
 7    or  other  drug  evaluation  or  remedial  education  must be
 8    licensed by the Department of Human  Services.   However,  if
 9    the  individual  is not a resident of Illinois, the court may
10    accept an  alcohol  or  other  drug  evaluation  or  remedial
11    education   program   in   the  state  of  such  individual's
12    residence.  Programs providing  treatment  must  be  licensed
13    under  existing  applicable  alcoholism  and  drug  treatment
14    licensure standards.
15        In addition to any other fine or penalty required by law,
16    any  individual convicted of a violation of Section 11-501 of
17    the Illinois Vehicle Code or a  similar  provision  of  local
18    ordinance,  whose  operation  of  a  motor  vehicle  while in
19    violation of Section 11-501  or  such  ordinance  proximately
20    caused  an  incident  resulting  in  an appropriate emergency
21    response, shall be required to make restitution to  a  public
22    agency  for  the  costs  of  that  emergency  response.  Such
23    restitution shall not exceed $500 per public agency for  each
24    such  emergency response.  For the purpose of this paragraph,
25    emergency  response  shall  mean  any  incident  requiring  a
26    response by: a police officer as defined under Section  1-162
27    of  the Illinois Vehicle Code; a fireman carried on the rolls
28    of a regularly constituted fire department; and an  ambulance
29    as  defined  under  Section  4.05  of  the  Emergency Medical
30    Services (EMS) Systems Act.
31        Neither  a  fine  nor  restitution  shall  be  the   sole
32    disposition  for  a  felony and either or both may be imposed
33    only in conjunction with another disposition.
34        (c) (1)  When a defendant is found guilty of first degree
 
HB2300 Engrossed            -3-                LRB9207864ARsb
 1        murder  the  State  may  either  seek   a   sentence   of
 2        imprisonment  under  Section 5-8-1 of this Code, or where
 3        appropriate seek a sentence of death under Section 9-1 of
 4        the Criminal Code of 1961.
 5             (2)  A period  of  probation,  a  term  of  periodic
 6        imprisonment   or  conditional  discharge  shall  not  be
 7        imposed for  the  following  offenses.  The  court  shall
 8        sentence  the  offender to not less than the minimum term
 9        of imprisonment set forth in this Code for the  following
10        offenses,  and may order a fine or restitution or both in
11        conjunction with such term of imprisonment:
12                  (A)  First  degree  murder  where   the   death
13             penalty is not imposed.
14                  (B)  Attempted first degree murder.
15                  (C)  A Class X felony.
16                  (D)  A violation of Section 401.1 or 407 of the
17             Illinois  Controlled  Substances Act, or a violation
18             of subdivision (c)(2) of Section  401  of  that  Act
19             which  relates  to  more than 5 grams of a substance
20             containing cocaine or an analog thereof.
21                  (E)  A violation of Section 5.1  or  9  of  the
22             Cannabis Control Act.
23                  (F)  A   Class  2  or  greater  felony  if  the
24             offender had been convicted of a Class 2 or  greater
25             felony  within  10  years  of  the date on which the
26             offender committed the offense for which he  or  she
27             is  being sentenced, except as otherwise provided in
28             Section 40-10 of the Alcoholism and Other Drug Abuse
29             and Dependency Act.
30                  (G)  Residential burglary, except as  otherwise
31             provided  in  Section  40-10  of  the Alcoholism and
32             Other Drug Abuse and Dependency Act.
33                  (H)  Criminal   sexual   assault,   except   as
34             otherwise  provided  in  subsection  (e)   of   this
 
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 1             Section.
 2                  (I)  Aggravated battery of a senior citizen.
 3                  (J)  A  forcible  felony  if  the  offense  was
 4             related to the activities of an organized gang.
 5                  Before  July  1, 1994, for the purposes of this
 6             paragraph, "organized gang" means an association  of
 7             5  or  more  persons, with an established hierarchy,
 8             that  encourages  members  of  the  association   to
 9             perpetrate crimes or provides support to the members
10             of the association who do commit crimes.
11                  Beginning  July  1,  1994,  for the purposes of
12             this paragraph, "organized  gang"  has  the  meaning
13             ascribed  to  it  in  Section  10  of  the  Illinois
14             Streetgang Terrorism Omnibus Prevention Act.
15                  (K)  Vehicular hijacking.
16                  (L)  A  second or subsequent conviction for the
17             offense of hate crime when  the  underlying  offense
18             upon  which  the  hate  crime  is  based  is  felony
19             aggravated assault or felony mob action.
20                  (M)  A  second or subsequent conviction for the
21             offense of institutional vandalism if the damage  to
22             the property exceeds $300.
23                  (N)  A  Class  3  felony violation of paragraph
24             (1) of subsection (a) of Section 2  of  the  Firearm
25             Owners Identification Card Act.
26                  (O)  A  violation  of  Section  12-6.1  of  the
27             Criminal Code of 1961.
28                  (P)  A  violation  of  paragraph (1), (2), (3),
29             (4), (5),  or  (7)  of  subsection  (a)  of  Section
30             11-20.1 of the Criminal Code of 1961.
31                  (Q)  A  violation  of  Section  20-1.2  of  the
32             Criminal Code of 1961.
33                  (R)  A   violation  of  Section  24-3A  of  the
34             Criminal Code of 1961.
 
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 1             (3)  A minimum term of imprisonment of not less than
 2        48 consecutive hours or 100 hours of community service as
 3        may be determined by the court shall  be  imposed  for  a
 4        second  or  subsequent violation committed within 5 years
 5        of a previous violation of Section 11-501 of the Illinois
 6        Vehicle Code or a similar provision of a local ordinance.
 7             (4)  A minimum term of imprisonment of not less than
 8        7 consecutive days or 30 days of community service  shall
 9        be  imposed  for  a violation of paragraph (c) of Section
10        6-303 of the Illinois Vehicle Code.
11             (4.1)  A minimum term  of  30  consecutive  days  of
12        imprisonment, 40 days of 24 hour periodic imprisonment or
13        720  hours  of community service, as may be determined by
14        the court, shall be imposed for a  violation  of  Section
15        11-501  of  the  Illinois Vehicle Code during a period in
16        which the defendant's driving privileges are  revoked  or
17        suspended,  where  the revocation or suspension was for a
18        violation of Section 11-501 or Section 11-501.1  of  that
19        Code.
20             (5)  The court may sentence an offender convicted of
21        a business offense or a petty offense or a corporation or
22        unincorporated association convicted of any offense to:
23                  (A)  a period of conditional discharge;
24                  (B)  a fine;
25                  (C)  make   restitution  to  the  victim  under
26             Section 5-5-6 of this Code.
27             (6)  In no case shall an offender be eligible for  a
28        disposition  of  probation or conditional discharge for a
29        Class 1 felony committed while he was serving a  term  of
30        probation or conditional discharge for a felony.
31             (7)  When   a   defendant  is  adjudged  a  habitual
32        criminal under Article 33B of the Criminal Code of  1961,
33        the  court  shall  sentence  the  defendant  to a term of
34        natural life imprisonment.
 
HB2300 Engrossed            -6-                LRB9207864ARsb
 1             (8)  When a defendant, over the age of 21 years,  is
 2        convicted  of  a  Class 1 or Class 2 felony, after having
 3        twice been convicted of any  Class  2  or  greater  Class
 4        felonies  in  Illinois,  and  such charges are separately
 5        brought and tried and arise out of  different  series  of
 6        acts,  such  defendant  shall  be  sentenced as a Class X
 7        offender. This paragraph shall not apply unless  (1)  the
 8        first  felony  was  committed after the effective date of
 9        this amendatory Act of 1977; and (2)  the  second  felony
10        was  committed after conviction on the first; and (3) the
11        third  felony  was  committed  after  conviction  on  the
12        second.  A person sentenced as a Class X  offender  under
13        this  paragraph is not eligible to apply for treatment as
14        a condition of probation as provided by Section 40-10  of
15        the Alcoholism and Other Drug Abuse and Dependency Act.
16             (9)  A defendant convicted of a second or subsequent
17        offense  of  ritualized abuse of a child may be sentenced
18        to a term of natural life imprisonment.
19        (d)  In any case in which a sentence  originally  imposed
20    is  vacated,  the  case shall be remanded to the trial court.
21    The trial court shall hold a hearing under Section  5-4-1  of
22    the Unified Code of Corrections which may include evidence of
23    the  defendant's  life, moral character and occupation during
24    the time since the original sentence was passed.   The  trial
25    court  shall  then  impose  sentence upon the defendant.  The
26    trial court may impose any sentence  which  could  have  been
27    imposed at the original trial subject to Section 5-5-4 of the
28    Unified Code of Corrections.
29        (e)  In  cases  where  prosecution  for  criminal  sexual
30    assault  or  aggravated  criminal  sexual abuse under Section
31    12-13 or 12-16 of  the  Criminal  Code  of  1961  results  in
32    conviction  of  a  defendant  who  was a family member of the
33    victim at the time of the  commission  of  the  offense,  the
34    court shall consider the safety and welfare of the victim and
 
HB2300 Engrossed            -7-                LRB9207864ARsb
 1    may impose a sentence of probation only where:
 2             (1)  the   court  finds  (A)  or  (B)  or  both  are
 3        appropriate:
 4                  (A)  the defendant  is  willing  to  undergo  a
 5             court  approved  counseling  program  for  a minimum
 6             duration of 2 years; or
 7                  (B)  the defendant is willing to participate in
 8             a court approved plan including but not  limited  to
 9             the defendant's:
10                       (i)  removal from the household;
11                       (ii)  restricted contact with the victim;
12                       (iii)  continued  financial support of the
13                  family;
14                       (iv)  restitution for  harm  done  to  the
15                  victim; and
16                       (v)  compliance  with  any  other measures
17                  that the court may deem appropriate; and
18             (2)  the court orders the defendant to pay  for  the
19        victim's  counseling  services,  to  the  extent that the
20        court finds, after considering the defendant's income and
21        assets, that the  defendant  is  financially  capable  of
22        paying  for  such  services,  if  the victim was under 18
23        years of age at the time the offense  was  committed  and
24        requires counseling as a result of the offense.
25        Probation  may be revoked or modified pursuant to Section
26    5-6-4; except where the court determines at the hearing  that
27    the  defendant  violated  a condition of his or her probation
28    restricting contact with the victim or other  family  members
29    or  commits  another  offense with the victim or other family
30    members, the court shall revoke the defendant's probation and
31    impose a term of imprisonment.
32        For the purposes of this  Section,  "family  member"  and
33    "victim"  shall have the meanings ascribed to them in Section
34    12-12 of the Criminal Code of 1961.
 
HB2300 Engrossed            -8-                LRB9207864ARsb
 1        (f)  This Article shall not  deprive  a  court  in  other
 2    proceedings  to order a forfeiture of property, to suspend or
 3    cancel a license, to remove  a  person  from  office,  or  to
 4    impose any other civil penalty.
 5        (g)  Whenever  a  defendant  is  convicted  of an offense
 6    under Sections 11-14, 11-15, 11-15.1,  11-16,  11-17,  11-18,
 7    11-18.1,  11-19,  11-19.1,  11-19.2,  12-13,  12-14, 12-14.1,
 8    12-15 or 12-16 of the Criminal Code of  1961,  the  defendant
 9    shall  undergo  medical  testing  to  determine  whether  the
10    defendant has any sexually transmissible disease, including a
11    test for infection with human immunodeficiency virus (HIV) or
12    any    other   identified   causative   agent   of   acquired
13    immunodeficiency syndrome  (AIDS).   Any  such  medical  test
14    shall  be  performed  only  by appropriately licensed medical
15    practitioners and may  include  an  analysis  of  any  bodily
16    fluids  as  well as an examination of the defendant's person.
17    Except as otherwise provided by law, the results of such test
18    shall be kept strictly confidential by all medical  personnel
19    involved in the testing and must be personally delivered in a
20    sealed  envelope  to  the  judge  of  the  court in which the
21    conviction was entered for the judge's inspection in  camera.
22    Acting  in  accordance  with the best interests of the victim
23    and the public,  the  judge  shall  have  the  discretion  to
24    determine  to whom, if anyone, the results of the testing may
25    be revealed. The court shall notify the defendant of the test
26    results.  The court shall also notify the victim if requested
27    by the victim, and if the victim is under the age of  15  and
28    if  requested  by the victim's parents or legal guardian, the
29    court shall notify the victim's parents or legal guardian  of
30    the test results.  The court shall provide information on the
31    availability  of  HIV testing and counseling at Department of
32    Public Health facilities to all parties to whom  the  results
33    of  the  testing  are  revealed  and shall direct the State's
34    Attorney to  provide  the  information  to  the  victim  when
 
HB2300 Engrossed            -9-                LRB9207864ARsb
 1    possible. A State's Attorney may petition the court to obtain
 2    the  results of any HIV test administered under this Section,
 3    and the court shall  grant  the  disclosure  if  the  State's
 4    Attorney  shows it is relevant in order to prosecute a charge
 5    of criminal transmission of HIV under Section 12-16.2 of  the
 6    Criminal Code of 1961 against the defendant.  The court shall
 7    order  that  the  cost  of any such test shall be paid by the
 8    county and may  be  taxed  as  costs  against  the  convicted
 9    defendant.
10        (g-5)  When   an   inmate   is  tested  for  an  airborne
11    communicable  disease,  as   determined   by   the   Illinois
12    Department  of  Public  Health  including  but not limited to
13    tuberculosis, the results of the  test  shall  be  personally
14    delivered  by  the  warden or his or her designee in a sealed
15    envelope to the judge of the court in which the  inmate  must
16    appear  for  the judge's inspection in camera if requested by
17    the judge.  Acting in accordance with the best  interests  of
18    those  in  the courtroom, the judge shall have the discretion
19    to determine what if any precautions  need  to  be  taken  to
20    prevent transmission of the disease in the courtroom.
21        (h)  Whenever  a  defendant  is  convicted  of an offense
22    under Section 1 or 2 of the Hypodermic Syringes  and  Needles
23    Act, the defendant shall undergo medical testing to determine
24    whether   the   defendant   has   been   exposed   to   human
25    immunodeficiency   virus   (HIV)   or  any  other  identified
26    causative agent of acquired immunodeficiency syndrome (AIDS).
27    Except as otherwise provided by law, the results of such test
28    shall be kept strictly confidential by all medical  personnel
29    involved in the testing and must be personally delivered in a
30    sealed  envelope  to  the  judge  of  the  court in which the
31    conviction was entered for the judge's inspection in  camera.
32    Acting  in  accordance with the best interests of the public,
33    the judge shall have the discretion to determine to whom,  if
34    anyone, the results of the testing may be revealed. The court
 
HB2300 Engrossed            -10-               LRB9207864ARsb
 1    shall  notify  the  defendant  of  a positive test showing an
 2    infection with the human immunodeficiency  virus  (HIV).  The
 3    court  shall  provide  information on the availability of HIV
 4    testing  and  counseling  at  Department  of  Public   Health
 5    facilities  to all parties to whom the results of the testing
 6    are revealed and shall direct the State's Attorney to provide
 7    the information  to  the  victim  when  possible.  A  State's
 8    Attorney  may petition the court to obtain the results of any
 9    HIV test administered under  this   Section,  and  the  court
10    shall  grant  the disclosure if the State's Attorney shows it
11    is relevant in  order  to  prosecute  a  charge  of  criminal
12    transmission  of  HIV  under  Section 12-16.2 of the Criminal
13    Code of 1961 against the defendant.  The  court  shall  order
14    that  the  cost  of any such test shall be paid by the county
15    and may be taxed as costs against the convicted defendant.
16        (i)  All fines and penalties imposed under  this  Section
17    for any violation of Chapters 3, 4, 6, and 11 of the Illinois
18    Vehicle  Code,  or  a similar provision of a local ordinance,
19    and any violation of the Child Passenger Protection Act, or a
20    similar provision of a local ordinance,  shall  be  collected
21    and  disbursed by the circuit clerk as provided under Section
22    27.5 of the Clerks of Courts Act.
23        (j)  In cases  when  prosecution  for  any  violation  of
24    Section  11-6,  11-8,  11-9,  11-11,  11-14,  11-15, 11-15.1,
25    11-16,  11-17,  11-17.1,  11-18,  11-18.1,  11-19,   11-19.1,
26    11-19.2,  11-20.1,  11-21,  12-13,  12-14, 12-14.1, 12-15, or
27    12-16 of the Criminal Code of  1961,  any  violation  of  the
28    Illinois  Controlled  Substances Act, or any violation of the
29    Cannabis Control Act results in conviction, a disposition  of
30    court  supervision,  or  an  order of probation granted under
31    Section 10 of the Cannabis Control Act or Section 410 of  the
32    Illinois  Controlled  Substance Act of a defendant, the court
33    shall determine  whether  the  defendant  is  employed  by  a
34    facility  or  center  as  defined under the Child Care Act of
 
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 1    1969, a public or private elementary or secondary school,  or
 2    otherwise  works  with  children  under  18 years of age on a
 3    daily basis.  When a defendant  is  so  employed,  the  court
 4    shall  order  the  Clerk  of  the Court to send a copy of the
 5    judgment of conviction or order of supervision  or  probation
 6    to  the  defendant's  employer  by  certified  mail.  If  the
 7    employer of the defendant is a school, the Clerk of the Court
 8    shall  direct  the  mailing  of  a  copy  of  the judgment of
 9    conviction or  order  of  supervision  or  probation  to  the
10    appropriate regional superintendent of schools.  The regional
11    superintendent  of  schools  shall  notify the State Board of
12    Education of any notification under this subsection.
13        (j-5)  A defendant at  least  17  years  of  age  who  is
14    convicted  of  a  felony  and  who  has  not  been previously
15    convicted of a misdemeanor or felony and who is sentenced  to
16    a   term  of  imprisonment  in  the  Illinois  Department  of
17    Corrections shall as a condition of his or  her  sentence  be
18    required  by the court to attend educational courses designed
19    to prepare the defendant for a high  school  diploma  and  to
20    work  toward  a high school diploma or to work toward passing
21    the high school level Test of General Educational Development
22    (GED) or to work  toward  completing  a  vocational  training
23    program  offered  by  the  Department  of  Corrections.  If a
24    defendant fails to complete the educational training required
25    by his or her sentence during the term of incarceration,  the
26    Prisoner  Review  Board  shall,  as  a condition of mandatory
27    supervised release, require the defendant, at his or her  own
28    expense,  to  pursue  a  course of study toward a high school
29    diploma or passage of the  GED  test.   The  Prisoner  Review
30    Board  shall  revoke  the  mandatory  supervised release of a
31    defendant who wilfully fails to comply with  this  subsection
32    (j-5)  upon  his  or  her release from confinement in a penal
33    institution while  serving  a  mandatory  supervised  release
34    term;  however, the inability of the defendant after making a
 
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 1    good faith effort to obtain financial  aid  or  pay  for  the
 2    educational  training shall not be deemed a wilful failure to
 3    comply.   The  Prisoner  Review  Board  shall  recommit   the
 4    defendant  whose  mandatory  supervised release term has been
 5    revoked under this subsection (j-5) as  provided  in  Section
 6    3-3-9.   This  subsection (j-5) does not apply to a defendant
 7    who has a high school diploma or has successfully passed  the
 8    GED test. This subsection (j-5) does not apply to a defendant
 9    who is determined by the court to be developmentally disabled
10    or otherwise mentally incapable of completing the educational
11    or vocational program.
12        (k)  A court may not impose a sentence or disposition for
13    a  felony  or  misdemeanor  that requires the defendant to be
14    implanted or injected with  or  to  use  any  form  of  birth
15    control.
16        (l) (A)  Except   as   provided   in   paragraph  (C)  of
17        subsection (l), whenever a defendant, who is an alien  as
18        defined  by  the  Immigration  and  Nationality  Act,  is
19        convicted of any felony or misdemeanor offense, the court
20        after  sentencing  the  defendant may, upon motion of the
21        State's Attorney, hold sentence in  abeyance  and  remand
22        the  defendant  to the custody of the Attorney General of
23        the United States or his or her designated  agent  to  be
24        deported when:
25                  (1)  a  final  order  of  deportation  has been
26             issued against the defendant pursuant to proceedings
27             under the Immigration and Nationality Act, and
28                  (2)  the deportation of the defendant would not
29             deprecate the seriousness of the defendant's conduct
30             and would not  be  inconsistent  with  the  ends  of
31             justice.
32             Otherwise,  the  defendant  shall  be  sentenced  as
33        provided in this Chapter V.
34             (B)  If the defendant has already been sentenced for
 
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 1        a  felony  or  misdemeanor offense, or has been placed on
 2        probation under Section 10 of the Cannabis Control Act or
 3        Section 410 of the Illinois  Controlled  Substances  Act,
 4        the  court  may,  upon  motion of the State's Attorney to
 5        suspend the sentence imposed, commit the defendant to the
 6        custody of the Attorney General of the United  States  or
 7        his or her designated agent when:
 8                  (1)  a  final  order  of  deportation  has been
 9             issued against the defendant pursuant to proceedings
10             under the Immigration and Nationality Act, and
11                  (2)  the deportation of the defendant would not
12             deprecate the seriousness of the defendant's conduct
13             and would not  be  inconsistent  with  the  ends  of
14             justice.
15             (C)  This subsection (l) does not apply to offenders
16        who  are  subject  to  the provisions of paragraph (2) of
17        subsection (a) of Section 3-6-3.
18             (D)  Upon motion  of  the  State's  Attorney,  if  a
19        defendant  sentenced  under  this  Section returns to the
20        jurisdiction of the United States, the defendant shall be
21        recommitted to the custody of the county from which he or
22        she was sentenced. Thereafter,  the  defendant  shall  be
23        brought before the sentencing court, which may impose any
24        sentence  that  was  available under Section 5-5-3 at the
25        time of initial sentencing.  In addition,  the  defendant
26        shall  not be eligible for additional good conduct credit
27        for meritorious service as provided under Section 3-6-6.
28        (m)  A  person  convicted  of  criminal   defacement   of
29    property  under  Section 21-1.3 of the Criminal Code of 1961,
30    in which the property damage exceeds $300  and  the  property
31    damaged  is  a  school  building, shall be ordered to perform
32    community service  that  may  include  cleanup,  removal,  or
33    painting over the defacement.
34    (Source: P.A. 90-14, eff. 7-1-97; 90-68, eff. 7-8-97; 90-680,
 
HB2300 Engrossed            -14-               LRB9207864ARsb
 1    eff.  1-1-99;  90-685,  eff.  1-1-99;  90-787,  eff. 8-14-98;
 2    91-357, eff.  7-29-99;  91-404,  eff.  1-1-00;  91-663,  eff.
 3    12-22-99; 91-695, eff. 4-13-00.)

 4        Section  99.  Effective date.  This Act takes effect upon
 5    becoming law.

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