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92nd General Assembly

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Public Act 92-0283

HB0180 Enrolled                                LRB9201921DHmb

    AN ACT in relation to vehicles.

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

    Section  5.   The  Illinois  Vehicle  Code  is amended by
changing Sections 6-206 and 11-907 as follows:

    (625 ILCS 5/6-206) (from Ch. 95 1/2, par. 6-206)
    Sec. 6-206.  Discretionary authority to suspend or revoke
license or permit; Right to a hearing.
    (a)  The Secretary of State is authorized to  suspend  or
revoke   the   driving   privileges  of  any  person  without
preliminary hearing upon a showing of the person's records or
other sufficient evidence that the person:
         1.  Has committed an  offense  for  which  mandatory
    revocation  of  a  driver's license or permit is required
    upon conviction;
         2.  Has been convicted of not less than  3  offenses
    against  traffic  regulations  governing  the movement of
    vehicles  committed  within  any  12  month  period.   No
    revocation or suspension shall be  entered  more  than  6
    months after the date of last conviction;
         3.  Has  been  repeatedly  involved  as  a driver in
    motor vehicle collisions or has been repeatedly convicted
    of offenses against laws and  ordinances  regulating  the
    movement  of  traffic, to a degree that indicates lack of
    ability to exercise ordinary and reasonable care  in  the
    safe  operation  of a motor vehicle or disrespect for the
    traffic laws and the safety of  other  persons  upon  the
    highway;
         4.  Has by the unlawful operation of a motor vehicle
    caused  or  contributed to an accident resulting in death
    or injury requiring immediate professional treatment in a
    medical facility or doctor's office to any person, except
    that  any  suspension  or  revocation  imposed   by   the
    Secretary   of   State   under  the  provisions  of  this
    subsection shall start no later than 6 months after being
    convicted of violating a law or ordinance regulating  the
    movement  of  traffic,  which violation is related to the
    accident, or shall start not more than one year after the
    date of the accident, whichever date occurs later;
         5.  Has permitted an unlawful or fraudulent use of a
    driver's license, identification card, or permit;
         6.  Has been lawfully convicted  of  an  offense  or
    offenses  in  another  state, including the authorization
    contained in Section 6-203.1, which if  committed  within
    this State would be grounds for suspension or revocation;
         7.  Has   refused   or   failed   to  submit  to  an
    examination provided for by Section 6-207 or  has  failed
    to pass the examination;
         8.  Is  ineligible  for a driver's license or permit
    under the provisions of Section 6-103;
         9.  Has  made  a  false   statement   or   knowingly
    concealed  a  material fact or has used false information
    or identification  in  any  application  for  a  license,
    identification card, or permit;
         10.  Has   possessed,  displayed,  or  attempted  to
    fraudulently use any  license,  identification  card,  or
    permit not issued to the person;
         11.  Has  operated a motor vehicle upon a highway of
    this  State  when  the  person's  driving  privilege   or
    privilege  to  obtain  a  driver's  license or permit was
    revoked or suspended unless the operation was  authorized
    by  a  judicial  driving  permit, probationary license to
    drive, or a restricted driving permit issued  under  this
    Code;
         12.  Has submitted to any portion of the application
    process  for  another person or has obtained the services
    of another  person  to  submit  to  any  portion  of  the
    application  process  for  the  purpose  of  obtaining  a
    license,  identification  card,  or permit for some other
    person;
         13.  Has operated a motor vehicle upon a highway  of
    this  State  when the person's driver's license or permit
    was invalid under the provisions of Sections 6-107.1  and
    6-110;
         14.  Has  committed  a  violation  of Section 6-301,
    6-301.1, or 6-301.2 of this Act, or Section 14,  14A,  or
    14B of the Illinois Identification Card Act;
         15.  Has been convicted of violating Section 21-2 of
    the  Criminal  Code of 1961 relating to criminal trespass
    to vehicles in which case, the suspension  shall  be  for
    one year;
         16.  Has  been convicted of violating Section 11-204
    of this Code relating to fleeing from a police officer;
         17.  Has refused to submit to a test, or  tests,  as
    required  under  Section  11-501.1  of  this Code and the
    person has not  sought  a  hearing  as  provided  for  in
    Section 11-501.1;
         18.  Has,  since  issuance  of a driver's license or
    permit, been adjudged to be afflicted with  or  suffering
    from any mental disability or disease;
         19.  Has  committed  a violation of paragraph (a) or
    (b) of  Section  6-101  relating  to  driving  without  a
    driver's license;
         20.  Has  been  convicted of violating Section 6-104
    relating to classification of driver's license;
         21.  Has been convicted of violating Section  11-402
    of this Code relating to leaving the scene of an accident
    resulting  in damage to a vehicle in excess of $1,000, in
    which case the suspension shall be for one year;
         22.  Has used a motor vehicle in violating paragraph
    (3), (4), (7), or (9) of subsection (a) of  Section  24-1
    of  the Criminal Code of 1961 relating to unlawful use of
    weapons, in which case the suspension shall  be  for  one
    year;
         23.  Has,  as a driver, been convicted of committing
    a violation of paragraph (a) of Section  11-502  of  this
    Code for a second or subsequent time within one year of a
    similar violation;
         24.  Has   been  convicted  by  a  court-martial  or
    punished   by   non-judicial   punishment   by   military
    authorities  of  the  United   States   at   a   military
    installation  in  Illinois  of  or  for a traffic related
    offense that is the same as  or  similar  to  an  offense
    specified under Section 6-205 or 6-206 of this Code;
         25.  Has  permitted any form of identification to be
    used by another in the application process  in  order  to
    obtain  or  attempt  to  obtain a license, identification
    card, or permit;
         26.  Has altered or attempted to alter a license  or
    has possessed an altered license, identification card, or
    permit;
         27.  Has violated Section 6-16 of the Liquor Control
    Act of 1934;
         28.  Has  been  convicted of the illegal possession,
    while operating or  in  actual  physical  control,  as  a
    driver,  of  a motor vehicle, of any controlled substance
    prohibited under the Illinois Controlled  Substances  Act
    or  any  cannabis  prohibited under the provisions of the
    Cannabis Control Act, in which case the person's  driving
    privileges  shall  be  suspended  for  one  year, and any
    driver  who  is  convicted  of  a  second  or  subsequent
    offense, within 5 years of a previous conviction, for the
    illegal possession, while operating or in actual physical
    control,  as  a  driver,  of  a  motor  vehicle,  of  any
    controlled substance prohibited under the  provisions  of
    the  Illinois  Controlled  Substances Act or any cannabis
    prohibited  under  the  Cannabis  Control  Act  shall  be
    suspended for 5 years. Any defendant found guilty of this
    offense while operating a motor vehicle,  shall  have  an
    entry  made  in  the  court record by the presiding judge
    that this offense  did  occur  while  the  defendant  was
    operating  a  motor  vehicle  and  order the clerk of the
    court to report the violation to the Secretary of State;
         29.  Has been convicted of  the  following  offenses
    that  were committed while the person was operating or in
    actual physical control, as a driver, of a motor vehicle:
    criminal  sexual  assault,  predatory   criminal   sexual
    assault  of  a child, aggravated criminal sexual assault,
    criminal sexual abuse, aggravated criminal sexual  abuse,
    juvenile  pimping,  soliciting  for a juvenile prostitute
    and the  manufacture,  sale  or  delivery  of  controlled
    substances  or  instruments  used for illegal drug use or
    abuse in which case the driver's driving privileges shall
    be suspended for one year;
         30.  Has been convicted a second or subsequent  time
    for any combination of the offenses named in paragraph 29
    of  this  subsection,  in which case the person's driving
    privileges shall be suspended for 5 years;
         31.  Has refused to submit to a test as required  by
    Section  11-501.6 or has submitted to a test resulting in
    an alcohol concentration of 0.08 or more or any amount of
    a  drug,  substance,  or  compound  resulting  from   the
    unlawful  use or consumption of cannabis as listed in the
    Cannabis Control Act or a controlled substance as  listed
    in  the  Illinois Controlled Substances Act in which case
    the penalty shall be as prescribed in Section 6-208.1;
         32.  Has been convicted of  Section  24-1.2  of  the
    Criminal   Code   of  1961  relating  to  the  aggravated
    discharge of a firearm if the offender was located  in  a
    motor  vehicle at the time the firearm was discharged, in
    which case the suspension shall be for 3 years;
         33.  Has as  a driver, who was less than 21 years of
    age on the date of the offense, been  convicted  a  first
    time of a violation of paragraph (a) of Section 11-502 of
    this Code or a similar provision of a local ordinance;
         34.  Has  committed a violation of Section 11-1301.5
    of this Code;
         35.  Has committed a violation of Section  11-1301.6
    of this Code; or
         36.  Is  under  the  age  of 21 years at the time of
    arrest and has  been    convicted  of  not  less  than  2
    offenses  against  traffic  regulations    governing  the
    movement  of  vehicles  committed  within  any  24  month
    period.   No  revocation  or  suspension shall be entered
    more than 6  months after the date  of  last  conviction;
    or.
         37.  Has  committed a violation of subsection (c) of
    Section 11-907 of this Code.
    For purposes of paragraphs 5, 9, 10, 12, 14, 19, 25,  26,
and  27  of  this  subsection,  license  means  any  driver's
license, any traffic ticket issued when the person's driver's
license  is  deposited  in  lieu of bail, a suspension notice
issued by the Secretary of State, a  duplicate  or  corrected
driver's  license,  a  probationary  driver's  license  or  a
temporary driver's license.
    (b)  If  any conviction forming the basis of a suspension
or revocation authorized under this Section is appealed,  the
Secretary  of  State may rescind or withhold the entry of the
order of suspension  or  revocation,  as  the  case  may  be,
provided  that a certified copy of a stay order of a court is
filed with the Secretary of  State.   If  the  conviction  is
affirmed  on  appeal, the date of the conviction shall relate
back to the time the  original  judgment  of  conviction  was
entered  and  the  6  month  limitation  prescribed shall not
apply.
    (c) 1.  Upon suspending or revoking the driver's  license
    or  permit  of  any person as authorized in this Section,
    the Secretary  of  State  shall  immediately  notify  the
    person  in  writing  of the revocation or suspension. The
    notice to be deposited in the United States mail, postage
    prepaid, to the last known address of the person.
         2.  If the Secretary of State suspends the  driver's
    license  of  a person under subsection 2 of paragraph (a)
    of this  Section,  a  person's  privilege  to  operate  a
    vehicle as an occupation shall not be suspended, provided
    an  affidavit  is properly completed, the appropriate fee
    received, and a permit issued prior to the effective date
    of the suspension, unless 5 offenses were  committed,  at
    least  2  of  which occurred while operating a commercial
    vehicle  in  connection   with   the   driver's   regular
    occupation.   All   other  driving  privileges  shall  be
    suspended by the Secretary of State. Any driver prior  to
    operating  a  vehicle for occupational purposes only must
    submit the affidavit on  forms  to  be  provided  by  the
    Secretary  of  State  setting  forth  the  facts  of  the
    person's  occupation.  The affidavit shall also state the
    number of offenses committed while operating a vehicle in
    connection with  the  driver's  regular  occupation.  The
    affidavit  shall  be accompanied by the driver's license.
    Upon receipt  of  a  properly  completed  affidavit,  the
    Secretary  of  State  shall  issue the driver a permit to
    operate a vehicle in connection with the driver's regular
    occupation only. Unless  the  permit  is  issued  by  the
    Secretary  of  State prior to the date of suspension, the
    privilege to drive any motor vehicle shall  be  suspended
    as  set  forth  in  the notice that was mailed under this
    Section. If an affidavit is received  subsequent  to  the
    effective date of this suspension, a permit may be issued
    for the remainder of the suspension period.
         The  provisions of this subparagraph shall not apply
    to any driver required to obtain  a  commercial  driver's
    license  under  Section  6-507  during  the  period  of a
    disqualification of commercial driving  privileges  under
    Section 6-514.
         Any  person  who  falsely  states  any  fact  in the
    affidavit required herein  shall  be  guilty  of  perjury
    under  Section  6-302  and  upon conviction thereof shall
    have  all  driving  privileges  revoked  without  further
    rights.
         3.  At the conclusion of  a  hearing  under  Section
    2-118  of  this Code, the Secretary of State shall either
    rescind or continue  an  order  of  revocation  or  shall
    substitute   an  order  of  suspension;  or,  good  cause
    appearing therefor, rescind, continue, change, or  extend
    the  order of suspension.  If the Secretary of State does
    not  rescind  the   order,   the   Secretary   may   upon
    application,   to   relieve   undue   hardship,  issue  a
    restricted  driving  permit  granting  the  privilege  of
    driving  a  motor  vehicle   between   the   petitioner's
    residence  and petitioner's place of employment or within
    the scope of his employment related duties, or  to  allow
    transportation  for the petitioner, or a household member
    of the petitioner's family, to receive necessary  medical
    care   and  if  the  professional  evaluation  indicates,
    provide   transportation   for   alcohol   remedial    or
    rehabilitative  activity, or for the petitioner to attend
    classes, as  a  student,  in  an  accredited  educational
    institution;  if  the  petitioner  is able to demonstrate
    that no alternative means of transportation is reasonably
    available and the petitioner will not endanger the public
    safety or welfare. In each case the Secretary may issue a
    restricted   driving   permit   for   a   period   deemed
    appropriate, except that all permits shall expire  within
    one year from the date of issuance.  A restricted driving
    permit  issued  under  this  Section  shall be subject to
    cancellation, revocation, and suspension by the Secretary
    of State in like manner and for like cause as a  driver's
    license issued under this Code may be cancelled, revoked,
    or  suspended;  except that a conviction upon one or more
    offenses  against  laws  or  ordinances  regulating   the
    movement  of traffic shall be deemed sufficient cause for
    the  revocation,  suspension,  or   cancellation   of   a
    restricted driving permit. The Secretary of State may, as
    a  condition  to  the  issuance  of  a restricted driving
    permit,  require  the  applicant  to  participate  in   a
    designated driver remedial or rehabilitative program. The
    Secretary  of  State is authorized to cancel a restricted
    driving permit if the permit holder does not successfully
    complete the program.
    (c-5)  The Secretary of State may, as a condition of  the
reissuance  of  a  driver's license or permit to an applicant
under the age of 18 years whose driver's  license  or  permit
has  been suspended pursuant to any of the provisions of this
Section, require the applicant to  participate  in  a  driver
remedial education course and be retested under Section 6-109
of this Code.
    (d)  This  Section  is  subject  to the provisions of the
Drivers License Compact.
    (e)  The Secretary of State shall not issue a  restricted
driving  permit  to  a person under the age of 16 years whose
driving privileges have been suspended or  revoked under  any
provisions of this Code.
(Source: P.A.  89-283,  eff.  1-1-96;  89-428, eff. 12-13-95;
89-462,  eff.  5-29-96;  90-43,  eff.  7-2-97;  90-106,  eff.
1-1-98; 90-369, eff. 1-1-98; 90-655, eff. 7-30-98.)

    (625 ILCS 5/11-907) (from Ch. 95 1/2, par. 11-907)
    Sec. 11-907. Operation  of  vehicles  and  streetcars  on
approach of authorized emergency vehicles.
    (a)  Upon   the   immediate  approach  of  an  authorized
emergency vehicle making use of audible  and  visual  signals
meeting  the  requirements  of  this Code or a police vehicle
properly and lawfully making use  of  an  audible  or  visual
signal,
         (1)  the  driver  of every other vehicle shall yield
    the  right-of-way  and  shall  immediately  drive  to   a
    position  parallel  to,  and as close as possible to, the
    right-hand edge or curb  of  the  highway  clear  of  any
    intersection  and  shall, if necessary to permit the safe
    passage of the emergency vehicle, stop and remain in such
    position  until  the  authorized  emergency  vehicle  has
    passed, unless otherwise directed by a police officer and
         (2) the   operator   of   every   streetcar    shall
    immediately  stop  such car clear of any intersection and
    keep it in such position until the  authorized  emergency
    vehicle has passed, unless otherwise directed by a police
    officer.
    (b)  This Section shall not operate to relieve the driver
of  an  authorized  emergency  vehicle from the duty to drive
with due regard for the  safety  of  all  persons  using  the
highway.
    (c)  Upon  approaching  a stationary authorized emergency
vehicle, when the authorized emergency vehicle  is  giving  a
signal by displaying alternately flashing red, red and white,
blue,  or  red  and  blue  lights  or amber or yellow warning
lights, a person who drives an approaching vehicle shall:
         (1)  proceeding  with   due   caution,   yield   the
    right-of-way  by  making  a  lane  change into a lane not
    adjacent to that of the authorized emergency vehicle,  if
    possible   with   due   regard   to  safety  and  traffic
    conditions, if on a highway having at least 4 lanes  with
    not less than 2 lanes proceeding in the same direction as
    the approaching vehicle; or
         (2)  proceeding  with  due caution, reduce the speed
    of  the  vehicle,  maintaining  a  safe  speed  for  road
    conditions, if changing  lanes  would  be  impossible  or
    unsafe.
    As  used  in  this  subsection (c), "authorized emergency
vehicle"  includes  any  vehicle  authorized  by  law  to  be
equipped with oscillating, rotating, or flashing lights under
Section 12-215 of this Code, while the owner or  operator  of
the vehicle is engaged in his or her official duties.
    (d)  A person who violates subsection (c) of this Section
commits  a  business offense punishable by a fine of not more
than $10,000.  It is a factor in aggravation  if  the  person
committed the offense while in violation of Section 11-501 of
this Code.
    (e)  If  a  violation  of  subsection (c) of this Section
results in damage to  the  property  of  another  person,  in
addition  to  any other penalty imposed, the person's driving
privileges shall be suspended for a fixed period of not  less
than 90 days and not more than one year.
    (f)  If  a  violation  of  subsection (c) of this Section
results in injury to another person, in addition to any other
penalty imposed, the person's  driving  privileges  shall  be
suspended  for  a  fixed period of not less than 180 days and
not more than 2 years.
    (g)  If a violation of subsection  (c)  of  this  Section
results  in  the  death of another person, in addition to any
other penalty imposed, the person's driving privileges  shall
be suspended for 2 years.
    (h)  The  Secretary  of  State  shall,  upon  receiving a
record  of  a  judgment  entered  against  a   person   under
subsection (c) of this Section:
         (1)  suspend the person's driving privileges for the
    mandatory period; or
         (2)  extend  the period of an existing suspension by
    the appropriate mandatory period.
(Source: P.A. 83-781.)

    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)  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.
         (2)  A term of periodic imprisonment.
         (3)  A term of conditional discharge.
         (4)  A term of imprisonment.
         (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.
         (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.
    Whenever  an individual is sentenced for an offense based
upon an arrest for a  violation  of  Section  11-501  of  the
Illinois  Vehicle  Code,  or  a  similar provision of a local
ordinance,  and  the   professional   evaluation   recommends
remedial  or  rehabilitative  treatment or education, neither
the treatment nor the education shall be the sole disposition
and either or both may be imposed only  in  conjunction  with
another  disposition. The court shall monitor compliance with
any remedial education or treatment recommendations contained
in the professional evaluation.  Programs conducting  alcohol
or  other  drug  evaluation  or  remedial  education  must be
licensed by the Department of Human  Services.   However,  if
the  individual  is not a resident of Illinois, the court may
accept an  alcohol  or  other  drug  evaluation  or  remedial
education   program   in   the  state  of  such  individual's
residence.  Programs providing  treatment  must  be  licensed
under  existing  applicable  alcoholism  and  drug  treatment
licensure standards.
    In addition to any other fine or penalty required by law,
any  individual convicted of a violation of Section 11-501 of
the Illinois Vehicle Code or a  similar  provision  of  local
ordinance,  whose  operation  of  a  motor  vehicle  while in
violation of Section 11-501  or  such  ordinance  proximately
caused  an  incident  resulting  in  an appropriate emergency
response, shall be required to make restitution to  a  public
agency  for  the  costs  of  that  emergency  response.  Such
restitution shall not exceed $500 per public agency for  each
such  emergency response.  For the purpose of this paragraph,
emergency  response  shall  mean  any  incident  requiring  a
response by: a police officer as defined under Section  1-162
of  the Illinois Vehicle Code; a fireman carried on the rolls
of a regularly constituted fire department; and an  ambulance
as  defined  under  Section  4.05  of  the  Emergency Medical
Services (EMS) Systems 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.
    (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.
              (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)(2) of Section  401  of  that  Act
         which  relates  to  more than 5 grams of a substance
         containing 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.
              (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,   except   as
         otherwise  provided  in  subsection  (e)   of   this
         Section.
              (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  of  the
         Criminal Code of 1961.
              (R)  A   violation  of  Section  24-3A  of  the
         Criminal Code of 1961.
         (3)  A minimum term of imprisonment of not less than
    48 consecutive hours or 100 hours of community service as
    may be determined by the court shall  be  imposed  for  a
    second  or  subsequent violation committed within 5 years
    of a previous violation of Section 11-501 of the Illinois
    Vehicle Code or a similar provision of a local ordinance.
         (4)  A minimum term of imprisonment of not less than
    7 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)  A minimum term  of  30  consecutive  days  of
    imprisonment, 40 days of 24 hour periodic imprisonment or
    720  hours  of community service, as may be determined by
    the court, shall be imposed for a  violation  of  Section
    11-501  of  the  Illinois Vehicle Code during a period in
    which the defendant's driving privileges are  revoked  or
    suspended,  where  the revocation or suspension was for a
    violation of Section 11-501 or Section 11-501.1  of  that
    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.
         (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 of any  Class  2  or  greater  Class
    felonies  in  Illinois,  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.
         (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.
    (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.
    (e)  In  cases  where  prosecution  for  criminal  sexual
assault or aggravated criminal  sexual  abuse  under  Section
12-13  or  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, or any violation  of  the
Cannabis  Control Act results in conviction, a disposition of
court supervision, or an order  of  probation  granted  under
Section  10 of the Cannabis Control Act or Section 410 of the
Illinois Controlled Substance 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 or
    Section  410  of  the Illinois Controlled Substances 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.
(Source: P.A. 90-14, eff. 7-1-97; 90-68, eff. 7-8-97; 90-680,
eff. 1-1-99;  90-685,  eff.  1-1-99;  90-787,  eff.  8-14-98;
91-357,  eff.  7-29-99;  91-404,  eff.  1-1-00;  91-663, eff.
12-22-99; 91-695, eff. 4-13-00.)
    Passed in the General Assembly May 15, 2001.
    Approved August 09, 2001.

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