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Public Act 094-1035 |
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AN ACT concerning State government.
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Be it enacted by the People of the State of Illinois, | ||||
represented in the General Assembly:
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Section 5. The Illinois Vehicle Code is amended by changing | ||||
Sections 3-707 and 6-118 as follows:
| ||||
(625 ILCS 5/3-707) (from Ch. 95 1/2, par. 3-707)
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Sec. 3-707. Operation of uninsured motor vehicle - penalty.
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(a) No person
shall operate a motor vehicle unless the | ||||
motor vehicle is covered by a
liability insurance policy in | ||||
accordance with Section 7-601 of this Code.
| ||||
(b) Any person who fails to comply with a request by a law | ||||
enforcement
officer for display of evidence of insurance, as | ||||
required under Section
7-602 of this Code, shall be deemed to | ||||
be operating an uninsured motor vehicle.
| ||||
(c) Any operator of a motor vehicle subject to registration | ||||
under this
Code
who is convicted of violating this Section is | ||||
guilty of a business
offense and shall be required to pay a | ||||
fine in excess of $500, but
not more than $1,000. However, no | ||||
person charged with violating this
Section shall be convicted | ||||
if such person produces in court satisfactory
evidence that at | ||||
the time of the arrest the motor vehicle was covered by a
| ||||
liability insurance policy in accordance with Section 7-601 of | ||||
this Code.
The chief judge of each circuit may designate an | ||||
officer of the court to
review the documentation demonstrating | ||||
that at the time of arrest the motor
vehicle was covered by a | ||||
liability insurance policy in accordance with Section
7-601 of | ||||
this Code. | ||||
(c-1) A person convicted of violating this Section shall | ||||
also have his or her driver's license, permit, or privileges | ||||
suspended for 3 months. After the expiration of the 3 months, | ||||
the person's driver's license, permit, or privileges shall not | ||||
be reinstated until he or she has paid a reinstatement fee of |
$100. If a person violates this Section while his or her | ||
driver's license, permit, or privileges are suspended under | ||
this subsection (c-1), his or her driver's license, permit, or | ||
privileges shall be suspended for an additional 6 months and | ||
until he or she pays the reinstatement fee.
| ||
(d) A person convicted a third or subsequent time of | ||
violating this
Section or a similar provision of a local | ||
ordinance must give proof to the
Secretary of State of the | ||
person's financial responsibility as defined in
Section 7-315. | ||
The person must maintain the proof in a manner satisfactory to
| ||
the Secretary for a minimum period of one year after the date | ||
the proof is
first filed. The Secretary must suspend the | ||
driver's license of any person
determined by the Secretary not | ||
to have provided adequate proof of financial
responsibility as | ||
required by this subsection.
| ||
(Source: P.A. 92-775, eff. 7-1-03.)
| ||
(625 ILCS 5/6-118) (from Ch. 95 1/2, par. 6-118)
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Sec. 6-118. Fees.
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(a) The fee for licenses and permits under this
Article is | ||
as follows:
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Original driver's license ............................$10
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Original or renewal driver's license
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issued to 18, 19 and 20 year olds ..................5
| ||
All driver's licenses for persons
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age 69 through age 80 ..............................5
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All driver's licenses for persons
| ||
age 81 through age 86 ..............................2
| ||
All driver's licenses for persons
| ||
age 87 or older ....................................0
| ||
Renewal driver's license (except for
| ||
applicants ages 18, 19 and 20 or
| ||
age 69 and older) .................................10
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Original instruction permit issued to
| ||
persons (except those age 69 and older)
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who do not hold or have not previously
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held an Illinois instruction permit or
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driver's license ..................................20
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Instruction permit issued to any person
| ||
holding an Illinois driver's license
| ||
who wishes a change in classifications,
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other than at the time of renewal ..................5
| ||
Any instruction permit issued to a person
| ||
age 69 and older ...................................5
| ||
Instruction permit issued to any person,
| ||
under age 69, not currently holding a
| ||
valid Illinois driver's license or
| ||
instruction permit but who has
| ||
previously been issued either document
| ||
in Illinois .......................................10
| ||
Restricted driving permit ..............................8
| ||
Duplicate or corrected driver's license
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or permit ..........................................5
| ||
Duplicate or corrected restricted
| ||
driving permit .....................................5
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Original or renewal M or L endorsement .................5
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SPECIAL FEES FOR COMMERCIAL DRIVER'S LICENSE
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The fees for commercial driver licenses and permits | ||
under Article V
shall be as follows:
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Commercial driver's license:
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$6 for the CDLIS/AAMVAnet Fund
| ||
(Commercial Driver's License Information
| ||
System/American Association of Motor Vehicle
| ||
Administrators network Trust Fund);
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$20 for the Motor Carrier Safety Inspection Fund;
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$10 for the driver's license;
| ||
and $24 for the CDL: .............................$60
| ||
Renewal commercial driver's license:
| ||
$6 for the CDLIS/AAMVAnet Trust Fund;
| ||
$20 for the Motor Carrier Safety Inspection Fund;
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$10 for the driver's license; and
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$24 for the CDL: .................................$60
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Commercial driver instruction permit
| ||
issued to any person holding a valid
| ||
Illinois driver's license for the
| ||
purpose of changing to a
| ||
CDL classification: $6 for the
| ||
CDLIS/AAMVAnet Trust Fund;
| ||
$20 for the Motor Carrier
| ||
Safety Inspection Fund; and
| ||
$24 for the CDL classification ...................$50
| ||
Commercial driver instruction permit
| ||
issued to any person holding a valid
| ||
Illinois CDL for the purpose of
| ||
making a change in a classification,
| ||
endorsement or restriction ........................$5
| ||
CDL duplicate or corrected license ....................$5
| ||
In order to ensure the proper implementation of the Uniform | ||
Commercial
Driver License Act, Article V of this Chapter, the | ||
Secretary of State is
empowered to pro-rate the $24 fee for the | ||
commercial driver's license
proportionate to the expiration | ||
date of the applicant's Illinois driver's
license.
| ||
The fee for any duplicate license or permit shall be waived | ||
for any
person age 60 or older who presents the Secretary of | ||
State's office with a
police report showing that his license or | ||
permit was stolen.
| ||
No additional fee shall be charged for a driver's license, | ||
or for a
commercial driver's license, when issued
to the holder | ||
of an instruction permit for the same classification or
type of | ||
license who becomes eligible for such
license.
| ||
(b) Any person whose license or privilege to operate a | ||
motor vehicle
in this State has been suspended or revoked under | ||
Section 3-707, any
provision of
Chapter 6, Chapter 11, or | ||
Section 7-205, 7-303, or 7-702 of the Family
Financial
| ||
Responsibility Law of this Code, shall in addition to any other
| ||
fees required by this Code, pay a reinstatement fee as follows:
| ||
Suspension under Section 3-707 ...........................
$100
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Summary suspension under Section 11-501.1 ...........$250
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Other suspension .....................................$70
| ||
Revocation ..........................................$500
| ||
However, any person whose license or privilege to operate a | ||
motor vehicle
in this State has been suspended or revoked for a | ||
second or subsequent time
for a violation of Section 11-501 or | ||
11-501.1
of this Code or a similar provision of a local | ||
ordinance
or a similar out-of-state offense
or Section 9-3 of | ||
the Criminal Code of 1961
and each suspension or revocation was | ||
for a violation of Section 11-501 or
11-501.1 of this Code or a | ||
similar provision of a local ordinance
or a similar | ||
out-of-state offense
or Section
9-3 of the Criminal Code of | ||
1961
shall pay, in addition to any other
fees required by this | ||
Code, a
reinstatement
fee as follows:
| ||
Summary suspension under Section 11-501.1 ...........$500
| ||
Revocation ..........................................$500
| ||
(c) All fees collected under the provisions of this Chapter | ||
6 shall be
paid into the Road Fund in the State Treasury except | ||
as follows:
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1. The following amounts shall be paid into the Driver | ||
Education Fund:
| ||
(A) $16 of the $20
fee for an original driver's | ||
instruction permit;
| ||
(B) $5 of the $10 fee for an original driver's | ||
license;
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(C) $5 of the $10 fee for a 4 year renewal driver's | ||
license;
and
| ||
(D) $4 of the $8 fee for a restricted driving | ||
permit.
| ||
2. $30 of the $250 fee for reinstatement of a
license
| ||
summarily suspended under Section 11-501.1 shall be | ||
deposited into the
Drunk and Drugged Driving Prevention | ||
Fund.
However, for a person whose license or privilege to | ||
operate a motor vehicle
in this State has been suspended or | ||
revoked for a second or subsequent time for
a violation of | ||
Section 11-501 or 11-501.1 of this Code or Section 9-3 of | ||
the
Criminal Code of 1961,
$190 of the $500 fee for |
reinstatement of a license summarily
suspended under
| ||
Section 11-501.1,
and $190 of the $500 fee for | ||
reinstatement of a revoked license
shall be deposited into | ||
the Drunk and Drugged Driving Prevention Fund.
| ||
3. $6 of such original or renewal fee for a commercial | ||
driver's
license and $6 of the commercial driver | ||
instruction permit fee when such
permit is issued to any | ||
person holding a valid Illinois driver's license,
shall be | ||
paid into the CDLIS/AAMVAnet Trust Fund.
| ||
4. $30 of the $70 fee for reinstatement of a license | ||
suspended
under the
Family
Financial Responsibility Law | ||
shall be paid into the Family Responsibility
Fund.
| ||
5. The $5 fee for each original or renewal M or L | ||
endorsement shall be
deposited into the Cycle Rider Safety | ||
Training Fund.
| ||
6. $20 of any original or renewal fee for a commercial | ||
driver's
license or commercial driver instruction permit | ||
shall be paid into the Motor
Carrier Safety Inspection | ||
Fund.
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7. The following amounts shall be paid into the General | ||
Revenue Fund:
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(A) $190 of the $250 reinstatement fee for a | ||
summary suspension under
Section 11-501.1;
| ||
(B) $40 of the $70 reinstatement fee for any other | ||
suspension provided
in subsection (b) of this Section; | ||
and
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(C) $440 of the $500 reinstatement fee for a first | ||
offense revocation
and $310 of the $500 reinstatement | ||
fee for a second or subsequent revocation.
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(Source: P.A. 92-458, eff. 8-22-01; 93-32, eff. 1-1-04; 93-788, | ||
eff. 1-1-05.)
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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)
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Sec. 5-5-3. Disposition.
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(a) Except as provided in Section 11-501 of the Illinois | ||
Vehicle Code, every person convicted of an offense shall be | ||
sentenced as provided
in this Section.
| ||
(b) The following options shall be appropriate | ||
dispositions, alone
or in combination, for all felonies and | ||
misdemeanors other than those
identified in subsection (c) of | ||
this Section:
| ||
(1) A period of probation.
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(2) A term of periodic imprisonment.
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(3) A term of conditional discharge.
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(4) A term of imprisonment.
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(5) An order directing the offender to clean up and | ||
repair the
damage, if the offender was convicted under | ||
paragraph (h) of Section
21-1 of the Criminal Code of 1961 | ||
(now repealed).
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(6) A fine.
| ||
(7) An order directing the offender to make restitution | ||
to the
victim under Section 5-5-6 of this Code.
| ||
(8) A sentence of participation in a county impact | ||
incarceration
program under Section 5-8-1.2 of this Code. | ||
(9) A term of imprisonment in combination with a term | ||
of probation when the offender has been admitted into a | ||
drug court program under Section 20 of the Drug Court | ||
Treatment Act.
| ||
Neither a fine nor restitution shall be the sole | ||
disposition
for a felony and either or both may be imposed only | ||
in conjunction with
another disposition.
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(c) (1) When a defendant is found guilty of first degree | ||
murder the
State may either seek a sentence of imprisonment | ||
under Section 5-8-1 of
this Code, or where appropriate seek | ||
a sentence of death under Section 9-1
of the Criminal Code | ||
of 1961.
| ||
(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.
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(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) or
(c)(2) of
Section 401 of that Act | ||
which relates to more than 5 grams of a substance
| ||
containing heroin or cocaine 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 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 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.
| ||
(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 of the Criminal | ||
Code of 1961.
| ||
(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.
| ||
(Q) A violation of Section 20-1.2 or 20-1.3 of the | ||
Criminal Code of
1961.
| ||
(R) A violation of Section 24-3A of the Criminal | ||
Code of
1961.
| ||
(S) (Blank).
| ||
(T) A second or subsequent violation of the | ||
Methamphetamine Control and Community Protection Act.
| ||
(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).
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(4.2) Except as provided in paragraph (4.3) 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 paragraph (4.5) and | ||
paragraph (4.6) 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) 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.
| ||
(5) The court may sentence an offender convicted of a | ||
business
offense or a petty offense or 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 penalties imposed under | ||
paragraph (5) of this
subsection (c), 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 penalties imposed under | ||
paragraph (5) of this
subsection (c), 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 penalties imposed under | ||
paragraph (5) of
this
subsection (c), 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 penalties imposed under | ||
paragraph (5) of this subsection (c), a person convicted of | ||
violating Section 3-707 of the Illinois Vehicle Code shall | ||
have his 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 penalties imposed under | ||
paragraph (5) of this subsection (c), 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 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) In no case shall an offender be eligible for a | ||
disposition of
probation or conditional discharge for a | ||
Class 1 felony committed while
he was serving a term of | ||
probation or conditional discharge for a felony.
| ||
(7) When a defendant is adjudged a habitual criminal | ||
under Article
33B of the Criminal Code of 1961, the court | ||
shall sentence
the defendant to a term of natural life | ||
imprisonment.
| ||
(8) When a defendant, over the age of 21 years, is |
convicted of a
Class 1 or Class 2 felony, after having | ||
twice been convicted
in any state or
federal court of an | ||
offense that contains the same elements as an offense now
| ||
classified in Illinois as a Class 2 or greater Class felony
| ||
and such charges are
separately brought and tried and arise | ||
out of different series of acts,
such defendant shall be | ||
sentenced as a Class X offender. This paragraph
shall not | ||
apply unless (1) the first felony was committed after the
| ||
effective date of this amendatory Act of 1977; and (2) the | ||
second felony
was committed after conviction on the first; | ||
and (3) the third felony
was committed after conviction on | ||
the second.
A person sentenced as a Class X offender under | ||
this paragraph is not
eligible to apply for treatment as a | ||
condition of probation as provided by
Section 40-10 of the | ||
Alcoholism and Other Drug Abuse and Dependency Act.
| ||
(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.
| ||
(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 12-16 of the
Criminal Code of 1961 | ||
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 | ||
12-12 of the Criminal Code of
1961.
| ||
(f) This Article shall not deprive a court in other | ||
proceedings to
order a forfeiture of property, to suspend or | ||
cancel a license, to
remove a person from office, or to impose | ||
any other civil penalty.
| ||
(g) Whenever a defendant is convicted of an offense under | ||
Sections
11-14, 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,
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 12-16.2 of the Criminal Code | ||
of 1961
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 12-16.2 of | ||
the Criminal
Code of 1961 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 | ||
11-6, 11-8,
11-9, 11-11, 11-14, 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, | ||
11-21, 12-13, 12-14, 12-14.1, 12-15, or
12-16 of the
Criminal | ||
Code of 1961, 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 Substance 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 the high
school level Test of | ||
General Educational Development (GED) 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 the GED test. | ||
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 the GED
test. This | ||
subsection (j-5) does not apply to a defendant who is | ||
determined by
the court to be developmentally disabled or | ||
otherwise mentally incapable of
completing the educational or | ||
vocational program.
| ||
(k) A court may not impose a sentence or disposition for a
| ||
felony or misdemeanor that requires the defendant to be | ||
implanted or injected
with or to use any form of birth control.
| ||
(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 good conduct credit for | ||
meritorious service as provided under
Section 3-6-6.
|
(m) A person convicted of criminal defacement of property | ||
under Section
21-1.3 of the Criminal Code of 1961, 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, or 16-1.3 of the Criminal | ||
Code of 1961 (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.
| ||
(Source: P.A. 93-44, eff. 7-1-03; 93-156, eff. 1-1-04; 93-169, | ||
eff. 7-10-03; 93-301, eff. 1-1-04; 93-419, eff. 1-1-04; 93-546, | ||
eff. 1-1-04; 93-694, eff. 7-9-04; 93-782, eff. 1-1-05; 93-800, | ||
eff. 1-1-05; 93-1014, eff. 1-1-05; 94-72, eff. 1-1-06; 94-556, | ||
eff. 9-11-05; revised 8-19-05.)
| ||
Section 99. Effective date. This Act takes effect July 1, | ||
2007. |