Public Act 099-0885 Public Act 0885 99TH GENERAL ASSEMBLY |
Public Act 099-0885 | HB6303 Enrolled | LRB099 19696 RLC 44093 b |
|
| AN ACT concerning criminal law.
| Be it enacted by the People of the State of Illinois,
| represented in the General Assembly:
| Section 5. The Criminal Code of 2012 is amended by adding | Section 24-3B as follows: | (720 ILCS 5/24-3B new) | Sec. 24-3B. Firearms trafficking. | (a) A person commits firearms trafficking when he or she | has not been issued a currently valid Firearm Owner's | Identification Card and knowingly: | (1) brings, or causes to be brought, into this State, a | firearm or firearm ammunition for the purpose of sale, | delivery, or transfer to any other person or with the | intent to sell, deliver, or transfer the firearm or firearm | ammunition to any other person; or | (2) brings, or causes to be brought, into this State, a | firearm and firearm ammunition for the purpose of sale, | delivery, or transfer to any other person or with the | intent to sell, deliver, or transfer the firearm and | firearm ammunition to any other person. | (a-5) This Section does not apply to: | (1) a person exempt under Section 2 of the Firearm | Owners Identification Card Act from the requirement of |
| having possession of a Firearm Owner's Identification Card | previously issued in his or her name by the Department of | State Police in order to acquire or possess a firearm or | firearm ammunition; | (2) a common carrier under subsection (i) of Section | 24-2 of this Code; or | (3) a non-resident who may lawfully possess a firearm | in his or her resident state. | (b) Sentence. | (1) Firearms trafficking is a Class 1 felony for which | the person, if sentenced to a term of imprisonment, shall | be sentenced to not less than 4 years and not more than 20 | years. | (2) Firearms trafficking by a person who has been | previously convicted of firearms trafficking, gunrunning, | or a felony offense for the unlawful sale, delivery, or | transfer of a firearm or firearm ammunition in this State | or another jurisdiction is a Class X felony. | Section 10. The Unified Code of Corrections is amended by | changing Section 5-5-3 as follows:
| (730 ILCS 5/5-5-3) (from Ch. 38, par. 1005-5-3)
| Sec. 5-5-3. Disposition.
| (a) (Blank).
| (b) (Blank).
|
| (c) (1) (Blank).
| (2) A period of probation, a term of periodic imprisonment | or
conditional discharge shall not be imposed for the following | offenses.
The court shall sentence the offender to not less | than the minimum term
of imprisonment set forth in this Code | for the following offenses, and
may order a fine or restitution | or both in conjunction with such term of
imprisonment:
| (A) First degree murder where the death penalty is not | imposed.
| (B) Attempted first degree murder.
| (C) A Class X felony.
| (D) A violation of Section 401.1 or 407 of the
Illinois | Controlled Substances Act, or a violation of subdivision | (c)(1.5) or
(c)(2) of
Section 401 of that Act which relates | to more than 5 grams of a substance
containing cocaine, | fentanyl, or an analog thereof.
| (D-5) A violation of subdivision (c)(1) of
Section 401 | of the Illinois Controlled Substances Act which relates to | 3 or more grams of a substance
containing heroin or an | analog thereof. | (E) A violation of Section 5.1 or 9 of the Cannabis | Control
Act.
| (F) A Class 2 or greater felony if the offender had | been convicted
of a Class 2 or greater felony, including | any state or federal conviction for an offense that | contained, at the time it was committed, the same elements |
| as an offense now (the date of the offense committed after | the prior Class 2 or greater felony) classified as a Class | 2 or greater felony, within 10 years of the date on which | the
offender
committed the offense for which he or she is | being sentenced, except as
otherwise provided in Section | 40-10 of the Alcoholism and Other Drug Abuse and
Dependency | Act.
| (F-5) A violation of Section 24-1, 24-1.1, or 24-1.6 of | the Criminal Code of 1961 or the Criminal Code of 2012 for | which imprisonment is prescribed in those Sections. | (G) Residential burglary, except as otherwise provided | in Section 40-10
of the Alcoholism and Other Drug Abuse and | Dependency Act.
| (H) Criminal sexual assault.
| (I) Aggravated battery of a senior citizen as described | in Section 12-4.6 or subdivision (a)(4) of Section 12-3.05 | of the Criminal Code of 1961 or the Criminal Code of 2012.
| (J) A forcible felony if the offense was related to the | activities of an
organized gang.
| Before July 1, 1994, for the purposes of this | paragraph, "organized
gang" means an association of 5 or | more persons, with an established hierarchy,
that | encourages members of the association to perpetrate crimes | or provides
support to the members of the association who | do commit crimes.
| Beginning July 1, 1994, for the purposes of this |
| paragraph,
"organized gang" has the meaning ascribed to it | in Section 10 of the Illinois
Streetgang Terrorism Omnibus | Prevention Act.
| (K) Vehicular hijacking.
| (L) A second or subsequent conviction for the offense | of hate crime
when the underlying offense upon which the | hate crime is based is felony
aggravated
assault or felony | mob action.
| (M) A second or subsequent conviction for the offense | of institutional
vandalism if the damage to the property | exceeds $300.
| (N) A Class 3 felony violation of paragraph (1) of | subsection (a) of
Section 2 of the Firearm Owners | Identification Card Act.
| (O) A violation of Section 12-6.1 or 12-6.5 of the | Criminal Code of 1961 or the Criminal Code of 2012.
| (P) A violation of paragraph (1), (2), (3), (4), (5), | or (7) of
subsection (a)
of Section 11-20.1 of the Criminal | Code of 1961 or the Criminal Code of 2012.
| (Q) A violation of subsection (b) or (b-5) of Section | 20-1, Section 20-1.2, or Section 20-1.3 of the Criminal | Code of
1961 or the Criminal Code of 2012.
| (R) A violation of Section 24-3A of the Criminal Code | of
1961 or the Criminal Code of 2012.
| (S) (Blank).
| (T) A second or subsequent violation of the |
| Methamphetamine Control and Community Protection Act.
| (U) A second or subsequent violation of Section 6-303 | of the Illinois Vehicle Code committed while his or her | driver's license, permit, or privilege was revoked because | of a violation of Section 9-3 of the Criminal Code of 1961 | or the Criminal Code of 2012, relating to the offense of | reckless homicide, or a similar provision of a law of | another state.
| (V)
A violation of paragraph (4) of subsection (c) of | Section 11-20.1B or paragraph (4) of subsection (c) of | Section 11-20.3 of the Criminal Code of 1961, or paragraph | (6) of subsection (a) of Section 11-20.1 of the Criminal | Code of 2012 when the victim is under 13 years of age and | the defendant has previously been convicted under the laws | of this State or any other state of the offense of child | pornography, aggravated child pornography, aggravated | criminal sexual abuse, aggravated criminal sexual assault, | predatory criminal sexual assault of a child, or any of the | offenses formerly known as rape, deviate sexual assault, | indecent liberties with a child, or aggravated indecent | liberties with a child where the victim was under the age | of 18 years or an offense that is substantially equivalent | to those offenses. | (W) A violation of Section 24-3.5 of the Criminal Code | of 1961 or the Criminal Code of 2012.
| (X) A violation of subsection (a) of Section 31-1a of |
| the Criminal Code of 1961 or the Criminal Code of 2012. | (Y) A conviction for unlawful possession of a firearm | by a street gang member when the firearm was loaded or | contained firearm ammunition. | (Z) A Class 1 felony committed while he or she was | serving a term of probation or conditional discharge for a | felony. | (AA) Theft of property exceeding $500,000 and not | exceeding $1,000,000 in value. | (BB) Laundering of criminally derived property of a | value exceeding
$500,000. | (CC) Knowingly selling, offering for sale, holding for | sale, or using 2,000 or more counterfeit items or | counterfeit items having a retail value in the aggregate of | $500,000 or more. | (DD) A conviction for aggravated assault under | paragraph (6) of subsection (c) of Section 12-2 of the | Criminal Code of 1961 or the Criminal Code of 2012 if the | firearm is aimed toward the person against whom the firearm | is being used. | (EE) A conviction for a violation of paragraph (2) of | subsection (a) of Section 24-3B of the Criminal Code of | 2012. | (3) (Blank).
| (4) A minimum term of imprisonment of not less than 10
| consecutive days or 30 days of community service shall be |
| imposed for a
violation of paragraph (c) of Section 6-303 of | the Illinois Vehicle Code.
| (4.1) (Blank).
| (4.2) Except as provided in paragraphs (4.3) and (4.8) of | this subsection (c), a
minimum of
100 hours of community | service shall be imposed for a second violation of
Section | 6-303
of the Illinois Vehicle Code.
| (4.3) A minimum term of imprisonment of 30 days or 300 | hours of community
service, as determined by the court, shall
| be imposed for a second violation of subsection (c) of Section | 6-303 of the
Illinois Vehicle Code.
| (4.4) Except as provided in paragraphs
(4.5), (4.6), and | (4.9) of this
subsection (c), a
minimum term of imprisonment of | 30 days or 300 hours of community service, as
determined by the | court, shall
be imposed
for a third or subsequent violation of | Section 6-303 of the Illinois Vehicle
Code.
| (4.5) A minimum term of imprisonment of 30 days
shall be | imposed for a third violation of subsection (c) of
Section | 6-303 of the Illinois Vehicle Code.
| (4.6) Except as provided in paragraph (4.10) of this | subsection (c), a minimum term of imprisonment of 180 days | shall be imposed for a
fourth or subsequent violation of | subsection (c) of Section 6-303 of the
Illinois Vehicle Code.
| (4.7) A minimum term of imprisonment of not less than 30 | consecutive days, or 300 hours of community service, shall be | imposed for a violation of subsection (a-5) of Section 6-303 of |
| the Illinois Vehicle Code, as provided in subsection (b-5) of | that Section.
| (4.8) A mandatory prison sentence shall be imposed for a | second violation of subsection (a-5) of Section 6-303 of the | Illinois Vehicle Code, as provided in subsection (c-5) of that | Section. The person's driving privileges shall be revoked for a | period of not less than 5 years from the date of his or her | release from prison.
| (4.9) A mandatory prison sentence of not less than 4 and | not more than 15 years shall be imposed for a third violation | of subsection (a-5) of Section 6-303 of the Illinois Vehicle | Code, as provided in subsection (d-2.5) of that Section. The | person's driving privileges shall be revoked for the remainder | of his or her life.
| (4.10) A mandatory prison sentence for a Class 1 felony | shall be imposed, and the person shall be eligible for an | extended term sentence, for a fourth or subsequent violation of | subsection (a-5) of Section 6-303 of the Illinois Vehicle Code, | as provided in subsection (d-3.5) of that Section. The person's | driving privileges shall be revoked for the remainder of his or | her life.
| (5) The court may sentence a corporation or unincorporated
| association convicted of any offense to:
| (A) a period of conditional discharge;
| (B) a fine;
| (C) make restitution to the victim under Section 5-5-6 |
| of this Code.
| (5.1) In addition to any other penalties imposed, and | except as provided in paragraph (5.2) or (5.3), a person
| convicted of violating subsection (c) of Section 11-907 of the | Illinois
Vehicle Code shall have his or her driver's license, | permit, or privileges
suspended for at least 90 days but not | more than one year, if the violation
resulted in damage to the | property of another person.
| (5.2) In addition to any other penalties imposed, and | except as provided in paragraph (5.3), a person convicted
of | violating subsection (c) of Section 11-907 of the Illinois | Vehicle Code
shall have his or her driver's license, permit, or | privileges suspended for at
least 180 days but not more than 2 | years, if the violation resulted in injury
to
another person.
| (5.3) In addition to any other penalties imposed, a person | convicted of violating subsection (c) of Section
11-907 of the | Illinois Vehicle Code shall have his or her driver's license,
| permit, or privileges suspended for 2 years, if the violation | resulted in the
death of another person.
| (5.4) In addition to any other penalties imposed, a person | convicted of violating Section 3-707 of the Illinois Vehicle | Code shall have his or her driver's license, permit, or | privileges suspended for 3 months and until he or she has paid | a reinstatement fee of $100. | (5.5) In addition to any other penalties imposed, a person | convicted of violating Section 3-707 of the Illinois Vehicle |
| Code during a period in which his or her driver's license, | permit, or privileges were suspended for a previous violation | of that Section shall have his or her driver's license, permit, | or privileges suspended for an additional 6 months after the | expiration of the original 3-month suspension and until he or | she has paid a reinstatement fee of $100.
| (6) (Blank).
| (7) (Blank).
| (8) (Blank).
| (9) A defendant convicted of a second or subsequent offense | of ritualized
abuse of a child may be sentenced to a term of | natural life imprisonment.
| (10) (Blank).
| (11) The court shall impose a minimum fine of $1,000 for a | first offense
and $2,000 for a second or subsequent offense | upon a person convicted of or
placed on supervision for battery | when the individual harmed was a sports
official or coach at | any level of competition and the act causing harm to the
sports
| official or coach occurred within an athletic facility or | within the immediate vicinity
of the athletic facility at which | the sports official or coach was an active
participant
of the | athletic contest held at the athletic facility. For the | purposes of
this paragraph (11), "sports official" means a | person at an athletic contest
who enforces the rules of the | contest, such as an umpire or referee; "athletic facility" | means an indoor or outdoor playing field or recreational area |
| where sports activities are conducted;
and "coach" means a | person recognized as a coach by the sanctioning
authority that | conducted the sporting event. | (12) A person may not receive a disposition of court | supervision for a
violation of Section 5-16 of the Boat | Registration and Safety Act if that
person has previously | received a disposition of court supervision for a
violation of | that Section.
| (13) A person convicted of or placed on court supervision | for an assault or aggravated assault when the victim and the | offender are family or household members as defined in Section | 103 of the Illinois Domestic Violence Act of 1986 or convicted | of domestic battery or aggravated domestic battery may be | required to attend a Partner Abuse Intervention Program under | protocols set forth by the Illinois Department of Human | Services under such terms and conditions imposed by the court. | The costs of such classes shall be paid by the offender.
| (d) In any case in which a sentence originally imposed is | vacated,
the case shall be remanded to the trial court. The | trial court shall
hold a hearing under Section 5-4-1 of the | Unified Code of Corrections
which may include evidence of the | defendant's life, moral character and
occupation during the | time since the original sentence was passed. The
trial court | shall then impose sentence upon the defendant. The trial
court | may impose any sentence which could have been imposed at the
| original trial subject to Section 5-5-4 of the Unified Code of |
| Corrections.
If a sentence is vacated on appeal or on | collateral attack due to the
failure of the trier of fact at | trial to determine beyond a reasonable doubt
the
existence of a | fact (other than a prior conviction) necessary to increase the
| punishment for the offense beyond the statutory maximum | otherwise applicable,
either the defendant may be re-sentenced | to a term within the range otherwise
provided or, if the State | files notice of its intention to again seek the
extended | sentence, the defendant shall be afforded a new trial.
| (e) In cases where prosecution for
aggravated criminal | sexual abuse under Section 11-1.60 or 12-16 of the
Criminal | Code of 1961 or the Criminal Code of 2012 results in conviction | of a defendant
who was a family member of the victim at the | time of the commission of the
offense, the court shall consider | the safety and welfare of the victim and
may impose a sentence | of probation only where:
| (1) the court finds (A) or (B) or both are appropriate:
| (A) the defendant is willing to undergo a court | approved counseling
program for a minimum duration of 2 | years; or
| (B) the defendant is willing to participate in a | court approved plan
including but not limited to the | defendant's:
| (i) removal from the household;
| (ii) restricted contact with the victim;
| (iii) continued financial support of the |
| family;
| (iv) restitution for harm done to the victim; | and
| (v) compliance with any other measures that | the court may
deem appropriate; and
| (2) the court orders the defendant to pay for the | victim's counseling
services, to the extent that the court | finds, after considering the
defendant's income and | assets, that the defendant is financially capable of
paying | for such services, if the victim was under 18 years of age | at the
time the offense was committed and requires | counseling as a result of the
offense.
| Probation may be revoked or modified pursuant to Section | 5-6-4; except
where the court determines at the hearing that | the defendant violated a
condition of his or her probation | restricting contact with the victim or
other family members or | commits another offense with the victim or other
family | members, the court shall revoke the defendant's probation and
| impose a term of imprisonment.
| For the purposes of this Section, "family member" and | "victim" shall have
the meanings ascribed to them in Section | 11-0.1 of the Criminal Code of
2012.
| (f) (Blank).
| (g) Whenever a defendant is convicted of an offense under | Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60,
11-14, | 11-14.3, 11-14.4 except for an offense that involves keeping a |
| place of juvenile prostitution, 11-15, 11-15.1, 11-16, 11-17, | 11-18, 11-18.1, 11-19, 11-19.1, 11-19.2,
12-13, 12-14, | 12-14.1, 12-15 or 12-16 of the Criminal Code of 1961 or the | Criminal Code of 2012,
the defendant shall undergo medical | testing to
determine whether the defendant has any sexually | transmissible disease,
including a test for infection with | human immunodeficiency virus (HIV) or
any other identified | causative agent of acquired immunodeficiency syndrome
(AIDS). | Any such medical test shall be performed only by appropriately
| licensed medical practitioners and may include an analysis of | any bodily
fluids as well as an examination of the defendant's | person.
Except as otherwise provided by law, the results of | such test shall be kept
strictly confidential by all medical | personnel involved in the testing and must
be personally | delivered in a sealed envelope to the judge of the court in | which
the conviction was entered for the judge's inspection in | camera. Acting in
accordance with the best interests of the | victim and the public, the judge
shall have the discretion to | determine to whom, if anyone, the results of the
testing may be | revealed. The court shall notify the defendant
of the test | results. The court shall
also notify the victim if requested by | the victim, and if the victim is under
the age of 15 and if | requested by the victim's parents or legal guardian, the
court | shall notify the victim's parents or legal guardian of the test
| results.
The court shall provide information on the | availability of HIV testing
and counseling at Department of |
| Public Health facilities to all parties to
whom the results of | the testing are revealed and shall direct the State's
Attorney | to provide the information to the victim when possible.
A | State's Attorney may petition the court to obtain the results | of any HIV test
administered under this Section, and the court | shall grant the disclosure if
the State's Attorney shows it is | relevant in order to prosecute a charge of
criminal | transmission of HIV under Section 12-5.01 or 12-16.2 of the | Criminal Code of 1961 or the Criminal Code of 2012
against the | defendant. The court shall order that the cost of any such test
| shall be paid by the county and may be taxed as costs against | the convicted
defendant.
| (g-5) When an inmate is tested for an airborne communicable | disease, as
determined by the Illinois Department of Public | Health including but not
limited to tuberculosis, the results | of the test shall be
personally delivered by the warden or his | or her designee in a sealed envelope
to the judge of the court | in which the inmate must appear for the judge's
inspection in | camera if requested by the judge. Acting in accordance with the
| best interests of those in the courtroom, the judge shall have | the discretion
to determine what if any precautions need to be | taken to prevent transmission
of the disease in the courtroom.
| (h) Whenever a defendant is convicted of an offense under | Section 1 or 2
of the Hypodermic Syringes and Needles Act, the | defendant shall undergo
medical testing to determine whether | the defendant has been exposed to human
immunodeficiency virus |
| (HIV) or any other identified causative agent of
acquired | immunodeficiency syndrome (AIDS). Except as otherwise provided | by
law, the results of such test shall be kept strictly | confidential by all
medical personnel involved in the testing | and must be personally delivered in a
sealed envelope to the | judge of the court in which the conviction was entered
for the | judge's inspection in camera. Acting in accordance with the | best
interests of the public, the judge shall have the | discretion to determine to
whom, if anyone, the results of the | testing may be revealed. The court shall
notify the defendant | of a positive test showing an infection with the human
| immunodeficiency virus (HIV). The court shall provide | information on the
availability of HIV testing and counseling | at Department of Public Health
facilities to all parties to | whom the results of the testing are revealed and
shall direct | the State's Attorney to provide the information to the victim | when
possible. A State's Attorney may petition the court to | obtain the results of
any HIV test administered under this | Section, and the court shall grant the
disclosure if the | State's Attorney shows it is relevant in order to prosecute a
| charge of criminal transmission of HIV under Section 12-5.01 or | 12-16.2 of the Criminal
Code of 1961 or the Criminal Code of | 2012 against the defendant. The court shall order that the cost | of any
such test shall be paid by the county and may be taxed as | costs against the
convicted defendant.
| (i) All fines and penalties imposed under this Section for |
| any violation
of Chapters 3, 4, 6, and 11 of the Illinois | Vehicle Code, or a similar
provision of a local ordinance, and | any violation
of the Child Passenger Protection Act, or a | similar provision of a local
ordinance, shall be collected and | disbursed by the circuit
clerk as provided under Section 27.5 | of the Clerks of Courts Act.
| (j) In cases when prosecution for any violation of Section | 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-8,
11-9, | 11-11, 11-14, 11-14.3, 11-14.4, 11-15, 11-15.1, 11-16, 11-17, | 11-17.1, 11-18, 11-18.1,
11-19, 11-19.1, 11-19.2, 11-20.1, | 11-20.1B, 11-20.3, 11-21, 11-30, 11-40, 12-13, 12-14, 12-14.1, | 12-15, or
12-16 of the
Criminal Code of 1961 or the Criminal | Code of 2012, any violation of the Illinois Controlled | Substances Act,
any violation of the Cannabis Control Act, or | any violation of the Methamphetamine Control and Community | Protection Act results in conviction, a
disposition of court | supervision, or an order of probation granted under
Section 10 | of the Cannabis Control Act, Section 410 of the Illinois
| Controlled Substances Act, or Section 70 of the Methamphetamine | Control and Community Protection Act of a defendant, the court | shall determine whether the
defendant is employed by a facility | or center as defined under the Child Care
Act of 1969, a public | or private elementary or secondary school, or otherwise
works | with children under 18 years of age on a daily basis. When a | defendant
is so employed, the court shall order the Clerk of | the Court to send a copy of
the judgment of conviction or order |
| of supervision or probation to the
defendant's employer by | certified mail.
If the employer of the defendant is a school, | the Clerk of the Court shall
direct the mailing of a copy of | the judgment of conviction or order of
supervision or probation | to the appropriate regional superintendent of schools.
The | regional superintendent of schools shall notify the State Board | of
Education of any notification under this subsection.
| (j-5) A defendant at least 17 years of age who is convicted | of a felony and
who has not been previously convicted of a | misdemeanor or felony and who is
sentenced to a term of | imprisonment in the Illinois Department of Corrections
shall as | a condition of his or her sentence be required by the court to | attend
educational courses designed to prepare the defendant | for a high school diploma
and to work toward a high school | diploma or to work toward passing high school equivalency | testing or to work toward
completing a vocational training | program offered by the Department of
Corrections. If a | defendant fails to complete the educational training
required | by his or her sentence during the term of incarceration, the | Prisoner
Review Board shall, as a condition of mandatory | supervised release, require the
defendant, at his or her own | expense, to pursue a course of study toward a high
school | diploma or passage of high school equivalency testing. The | Prisoner Review Board shall
revoke the mandatory supervised | release of a defendant who wilfully fails to
comply with this | subsection (j-5) upon his or her release from confinement in a
|
| penal institution while serving a mandatory supervised release | term; however,
the inability of the defendant after making a | good faith effort to obtain
financial aid or pay for the | educational training shall not be deemed a wilful
failure to | comply. The Prisoner Review Board shall recommit the defendant
| whose mandatory supervised release term has been revoked under | this subsection
(j-5) as provided in Section 3-3-9. This | subsection (j-5) does not apply to a
defendant who has a high | school diploma or has successfully passed high school | equivalency testing. This subsection (j-5) does not apply to a | defendant who is determined by
the court to be a person with a | developmental disability or otherwise mentally incapable of
| completing the educational or vocational program.
| (k) (Blank).
| (l) (A) Except as provided
in paragraph (C) of subsection | (l), whenever a defendant,
who is an alien as defined by the | Immigration and Nationality Act, is convicted
of any felony or | misdemeanor offense, the court after sentencing the defendant
| may, upon motion of the State's Attorney, hold sentence in | abeyance and remand
the defendant to the custody of the | Attorney General of
the United States or his or her designated | agent to be deported when:
| (1) a final order of deportation has been issued | against the defendant
pursuant to proceedings under the | Immigration and Nationality Act, and
| (2) the deportation of the defendant would not |
| deprecate the seriousness
of the defendant's conduct and | would not be inconsistent with the ends of
justice.
| Otherwise, the defendant shall be sentenced as provided in | this Chapter V.
| (B) If the defendant has already been sentenced for a | felony or
misdemeanor
offense, or has been placed on probation | under Section 10 of the Cannabis
Control Act,
Section 410 of | the Illinois Controlled Substances Act, or Section 70 of the | Methamphetamine Control and Community Protection Act, the | court
may, upon motion of the State's Attorney to suspend the
| sentence imposed, commit the defendant to the custody of the | Attorney General
of the United States or his or her designated | agent when:
| (1) a final order of deportation has been issued | against the defendant
pursuant to proceedings under the | Immigration and Nationality Act, and
| (2) the deportation of the defendant would not | deprecate the seriousness
of the defendant's conduct and | would not be inconsistent with the ends of
justice.
| (C) This subsection (l) does not apply to offenders who are | subject to the
provisions of paragraph (2) of subsection (a) of | Section 3-6-3.
| (D) Upon motion of the State's Attorney, if a defendant | sentenced under
this Section returns to the jurisdiction of the | United States, the defendant
shall be recommitted to the | custody of the county from which he or she was
sentenced.
|
| Thereafter, the defendant shall be brought before the | sentencing court, which
may impose any sentence that was | available under Section 5-5-3 at the time of
initial | sentencing. In addition, the defendant shall not be eligible | for
additional sentence credit for good conduct as provided | under
Section 3-6-3.
| (m) A person convicted of criminal defacement of property | under Section
21-1.3 of the Criminal Code of 1961 or the | Criminal Code of 2012, in which the property damage exceeds | $300
and the property damaged is a school building, shall be | ordered to perform
community service that may include cleanup, | removal, or painting over the
defacement.
| (n) The court may sentence a person convicted of a | violation of Section
12-19, 12-21, 16-1.3, or 17-56, or | subsection (a) or (b) of Section 12-4.4a, of the Criminal Code | of 1961 or the Criminal Code of 2012 (i) to an impact
| incarceration program if the person is otherwise eligible for | that program
under Section 5-8-1.1, (ii) to community service, | or (iii) if the person is an
addict or alcoholic, as defined in | the Alcoholism and Other Drug Abuse and
Dependency Act, to a | substance or alcohol abuse program licensed under that
Act. | (o) Whenever a person is convicted of a sex offense as | defined in Section 2 of the Sex Offender Registration Act, the | defendant's driver's license or permit shall be subject to | renewal on an annual basis in accordance with the provisions of | license renewal established by the Secretary of State.
|
| (Source: P.A. 98-718, eff. 1-1-15; 98-756, eff. 7-16-14; | 99-143, eff. 7-27-15.)
| Section 99. Effective date. This Act takes effect upon | becoming law.
|
Effective Date: 08/23/2016
|