State of Illinois
Public Acts
92nd General Assembly

[ Home ]  [ ILCS ] [ Search ] [ Bottom ]
 [ Other General Assemblies ]

Public Act 92-0340

HB2266 Enrolled                                LRB9206514ARsb

    AN ACT concerning 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 Section 6-303 as follows:

    (625 ILCS 5/6-303) (from Ch. 95 1/2, par. 6-303)
    Sec. 6-303.  Driving while driver's  license,  permit  or
privilege to operate a motor vehicle is suspended or revoked.
    (a)  Any  person  who  drives  or  is  in actual physical
control of a motor vehicle on any highway of this State at  a
time when such person's driver's license, permit or privilege
to  do  so  or  the privilege to obtain a driver's license or
permit is revoked or suspended as provided by  this  Code  or
the  law  of  another  state,  except  as may be specifically
allowed  by  a  judicial  driving  permit,  family  financial
responsibility driving permit, probationary license to drive,
or a restricted driving permit issued pursuant to  this  Code
or under the law of another state, shall be guilty of a Class
A misdemeanor.
    (b)  The  Secretary  of  State upon receiving a report of
the conviction of  any  violation  indicating  a  person  was
operating  a motor vehicle during the time when said person's
driver's license, permit or privilege was  suspended  by  the
Secretary,  by the appropriate authority of another state, or
pursuant to Section 11-501.1; except as may  be  specifically
allowed  by a probationary license to drive, judicial driving
permit or restricted driving permit issued pursuant  to  this
Code or the law of another state; shall extend the suspension
for  the  same  period  of  time  as  the  originally imposed
suspension; however, if the period  of  suspension  has  then
expired,  the  Secretary  shall be authorized to suspend said
person's driving privileges for the same period  of  time  as
the  originally imposed suspension; and if the conviction was
upon a charge which indicated that  a  vehicle  was  operated
during the time when the person's driver's license, permit or
privilege  was  revoked;  except  as  may  be  allowed  by  a
restricted driving permit issued pursuant to this Code or the
law  of  another  state;  the  Secretary  shall  not  issue a
driver's license for an additional period of  one  year  from
the  date  of  such  conviction  indicating  such  person was
operating a vehicle during such period of revocation.
    (c)  Any person convicted of violating this Section shall
serve a minimum term of imprisonment of 10 7 consecutive days
or 30 days of community service  when  the  person's  driving
privilege was revoked or suspended as a result of:
         (1)  a violation of Section 11-501 of this Code or a
    similar  provision  of  a local ordinance relating to the
    offense of operating or being in physical  control  of  a
    vehicle  while  under the influence of alcohol, any other
    drug or any combination thereof; or
         (2)  a violation of paragraph (b) of Section  11-401
    of  this Code or a similar provision of a local ordinance
    relating to the offense of leaving the scene of  a  motor
    vehicle accident involving personal injury or death; or
         (3)  a violation of Section 9-3 of the Criminal Code
    of  1961, as amended, relating to the offense of reckless
    homicide; or
         (4)  a statutory summary  suspension  under  Section
    11-501.1 of this Code.
    Such  sentence of imprisonment or community service shall
not  be  subject  to  suspension  in  order  to  reduce  such
sentence.
    (c-1)  Except as provided in subsection (d),  any  person
convicted  of  a  second  violation  of this Section shall be
ordered by the court to serve  a  minimum  of  100  hours  of
community service.
    (c-2)  In  addition to other penalties imposed under this
Section, the court may  impose  on  any  person  convicted  a
fourth time of violating this Section any of the following:
         (1)  Seizure  of  the license plates of the person's
    vehicle.
         (2)  Immobilization of the person's  vehicle  for  a
    period of time to be determined by the court.
    (d)  Any  person  convicted  of  a  second  or subsequent
violation of this Section shall be guilty of a Class 4 felony
and shall serve a minimum term of imprisonment of 30 days  or
300  hours  of community service, as determined by the court,
if the original revocation or suspension was for a  violation
of  Section  11-401  or  11-501  of  this  Code, or a similar
out-of-state offense, or  a  similar  provision  of  a  local
ordinance, a violation of Section 9-3 of the Criminal Code of
1961,  relating  to  the  offense  of reckless homicide, or a
similar  out-of-state  offense,  or   a   statutory   summary
suspension under Section 11-501.1 of this Code.
    (d-1)  Except   as   provided  in  subsection  (d-2)  and
subsection  (d-3),  any  person  convicted  of  a  third   or
subsequent  violation  of  this Section shall serve a minimum
term of imprisonment of 30 days or  300  hours  of  community
service, as determined by the court.
    (d-2)  Any  person convicted of a third violation of this
Section is guilty of a  Class  4  felony  and  must  serve  a
minimum  term of imprisonment of 30 days if the revocation or
suspension was for a violation of Section 11-401 or 11-501 of
this Code, or a similar out-of-state offense,  or  a  similar
provision of a local ordinance, a violation of Section 9-3 of
the  Criminal  Code  of  1961,  relating  to  the  offense of
reckless homicide, or a similar out-of-state  offense,  or  a
statutory  summary  suspension under Section 11-501.1 of this
Code.
    (d-3)  Any person convicted of  a  fourth  or  subsequent
violation  of  this Section is guilty of a Class 4 felony and
must serve a minimum term of imprisonment of 180 days if  the
revocation  or  suspension  was  for  a  violation of Section
11-401 or 11-501 of this  Code,  or  a  similar  out-of-state
offense,  or  a  similar  provision  of  a local ordinance, a
violation of Section  9-3  of  the  Criminal  Code  of  1961,
relating  to  the  offense of reckless homicide, or a similar
out-of-state offense, or a statutory summary suspension under
Section 11-501.1 of this Code.
    (e)  Any person in violation of this Section who is  also
in  violation  of  Section  7-601  of  this  Code relating to
mandatory  insurance  requirements,  in  addition  to   other
penalties  imposed  under this Section, shall have his or her
motor vehicle immediately  impounded  by  the  arresting  law
enforcement  officer.    The motor vehicle may be released to
any licensed driver upon a showing of proof of insurance  for
the  vehicle  that  was  impounded  and the notarized written
consent for the release by the vehicle owner.
    (f)  For any prosecution under this Section, a  certified
copy  of  the  driving  abstract  of  the  defendant shall be
admitted as proof of any prior conviction.
(Source: P.A. 90-400,  eff.  8-15-97;  90-738,  eff.  1-1-99;
91-692, eff. 4-13-00.)

    Section  10.   The Unified Code of Corrections is amended
by changing Sections 5-5-3 and 5-6-3 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
    10  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.
         (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.
         (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.)

    (730 ILCS 5/5-6-3) (from Ch. 38, par. 1005-6-3)
    Sec.  5-6-3.  Conditions  of Probation and of Conditional
Discharge.
    (a)  The  conditions  of  probation  and  of  conditional
discharge shall be that the person:
         (1)  not  violate  any  criminal  statute   of   any
    jurisdiction;
         (2)  report  to  or  appear  in  person  before such
    person or agency as directed by the court;
         (3)  refrain from  possessing  a  firearm  or  other
    dangerous weapon;
         (4)  not  leave the State without the consent of the
    court or, in circumstances in which the  reason  for  the
    absence is of such an emergency nature that prior consent
    by   the   court  is  not  possible,  without  the  prior
    notification  and  approval  of  the  person's  probation
    officer;
         (5)  permit the probation officer to  visit  him  at
    his   home  or  elsewhere  to  the  extent  necessary  to
    discharge his duties;
         (6)  perform no less  than  30  hours  of  community
    service and not more than 120 hours of community service,
    if community service is available in the jurisdiction and
    is  funded  and  approved  by  the county board where the
    offense was committed, where the offense was  related  to
    or  in  furtherance  of  the  criminal  activities  of an
    organized  gang  and  was  motivated  by  the  offender's
    membership in or allegiance to an  organized  gang.   The
    community  service  shall include, but not be limited to,
    the  cleanup  and  repair  of  any  damage  caused  by  a
    violation of Section 21-1.3 of the Criminal Code of  1961
    and   similar  damage  to  property  located  within  the
    municipality or county in which the  violation  occurred.
    When  possible  and  reasonable,  the  community  service
    should  be performed in the offender's neighborhood.  For
    purposes  of  this  Section,  "organized  gang"  has  the
    meaning ascribed to it in  Section  10  of  the  Illinois
    Streetgang Terrorism Omnibus Prevention Act;
         (7)  if  he  or  she is at least 17 years of age and
    has been sentenced to probation or conditional  discharge
    for  a  misdemeanor or felony in a county of 3,000,000 or
    more inhabitants and has not been previously convicted of
    a  misdemeanor  or  felony,  may  be  required   by   the
    sentencing  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 approved by the  court.   The
    person  on probation or conditional discharge must attend
    a  public  institution  of  education   to   obtain   the
    educational  or  vocational  training  required  by  this
    clause  (7).   The  court  shall  revoke the probation or
    conditional discharge of a person who wilfully  fails  to
    comply  with this clause (7).  The person on probation or
    conditional discharge shall be required to  pay  for  the
    cost  of the educational courses or GED test, if a fee is
    charged for those  courses  or  test.   The  court  shall
    resentence  the  offender  whose probation or conditional
    discharge has been revoked as provided in Section  5-6-4.
    This clause (7) does not apply to a person who has a high
    school  diploma  or has successfully passed the GED test.
    This clause (7)  does  not  apply  to  a  person  who  is
    determined by the court to be developmentally disabled or
    otherwise    mentally   incapable   of   completing   the
    educational or vocational program; and
         (8)   if convicted  of  possession  of  a  substance
    prohibited  by  the  Cannabis  Control  Act  or  Illinois
    Controlled  Substances Act after a previous conviction or
    disposition of supervision for possession of a  substance
    prohibited  by  the  Cannabis  Control  Act  or  Illinois
    Controlled   Substances   Act  or  after  a  sentence  of
    probation under Section 10 of the Cannabis Control Act or
    Section 410 of the Illinois Controlled Substances Act and
    upon a finding by the court that the person is  addicted,
    undergo  treatment  at a substance abuse program approved
    by the court.
    (b)  The  Court  may  in  addition  to  other  reasonable
conditions relating to the  nature  of  the  offense  or  the
rehabilitation  of  the  defendant  as  determined  for  each
defendant  in the proper discretion of the Court require that
the person:
         (1)  serve a term  of  periodic  imprisonment  under
    Article  7  for  a period not to exceed that specified in
    paragraph (d) of Section 5-7-1;
         (2)  pay a fine and costs;
         (3)  work or pursue a course of study or  vocational
    training;
         (4)  undergo  medical,  psychological or psychiatric
    treatment; or treatment for drug addiction or alcoholism;
         (5)  attend or reside in a facility established  for
    the instruction or residence of defendants on probation;
         (6)  support his dependents;
         (7)  and in addition, if a minor:
              (i)  reside  with  his  parents  or in a foster
         home;
              (ii)  attend school;
              (iii)  attend  a  non-residential  program  for
         youth;
              (iv)  contribute to his own support at home  or
         in a foster home;
         (8)  make  restitution  as provided in Section 5-5-6
    of this Code;
         (9)  perform some  reasonable  public  or  community
    service;
         (10)  serve a term of home confinement.  In addition
    to   any  other  applicable  condition  of  probation  or
    conditional discharge, the conditions of home confinement
    shall be that the offender:
              (i)  remain within the interior premises of the
         place designated  for  his  confinement  during  the
         hours designated by the court;
              (ii)  admit  any  person or agent designated by
         the court into the offender's place  of  confinement
         at any time for purposes of verifying the offender's
         compliance  with  the conditions of his confinement;
         and
              (iii)  if further deemed necessary by the court
         or the Probation or Court  Services  Department,  be
         placed  on an approved electronic monitoring device,
         subject to Article 8A of Chapter V;
              (iv)  for persons  convicted  of  any  alcohol,
         cannabis  or  controlled substance violation who are
         placed  on  an  approved  monitoring  device  as   a
         condition of probation or conditional discharge, the
         court  shall impose a reasonable fee for each day of
         the use of the device, as established by the  county
         board  in  subsection  (g)  of  this Section, unless
         after determining the inability of the  offender  to
         pay  the  fee, the court assesses a lesser fee or no
         fee as the case may be. This fee shall be imposed in
         addition to the fees imposed under  subsections  (g)
         and  (i) of this Section. The fee shall be collected
         by the clerk of the circuit court.  The clerk of the
         circuit court shall pay all  monies  collected  from
         this  fee to the county treasurer for deposit in the
         substance abuse services fund under Section 5-1086.1
         of the Counties Code; and
              (v)  for persons convicted  of  offenses  other
         than  those  referenced in clause (iv) above and who
         are placed on an approved  monitoring  device  as  a
         condition of probation or conditional discharge, the
         court  shall impose a reasonable fee for each day of
         the use of the device, as established by the  county
         board  in  subsection  (g)  of  this Section, unless
         after determining the inability of the defendant  to
         pay  the  fee, the court assesses a lesser fee or no
         fee as the case may be.  This fee shall  be  imposed
         in  addition  to  the fees imposed under subsections
         (g) and (i) of  this  Section.   The  fee  shall  be
         collected  by  the  clerk of the circuit court.  The
         clerk of the circuit  court  shall  pay  all  monies
         collected  from this fee to the county treasurer who
         shall use the monies collected to defray  the  costs
         of  corrections.  The county treasurer shall deposit
         the fee collected in the county  working  cash  fund
         under  Section  6-27001  or  Section  6-29002 of the
         Counties Code, as the case may be.
         (11)  comply with the terms  and  conditions  of  an
    order  of  protection issued by the court pursuant to the
    Illinois  Domestic  Violence  Act  of  1986,  as  now  or
    hereafter amended, or an order of  protection  issued  by
    the  court  of  another  state,  tribe,  or United States
    territory. A copy of the order  of  protection  shall  be
    transmitted  to  the  probation  officer or agency having
    responsibility for the case;
         (12)  reimburse any "local  anti-crime  program"  as
    defined  in  Section 7 of the Anti-Crime Advisory Council
    Act for any reasonable expenses incurred by  the  program
    on  the offender's case, not to exceed the maximum amount
    of the fine authorized for  the  offense  for  which  the
    defendant was sentenced;
         (13)  contribute  a  reasonable sum of money, not to
    exceed the maximum amount of the fine authorized for  the
    offense  for  which  the  defendant  was  sentenced, to a
    "local anti-crime program", as defined in  Section  7  of
    the Anti-Crime Advisory Council Act;
         (14)  refrain   from   entering  into  a  designated
    geographic area except upon such terms as the court finds
    appropriate. Such terms may include consideration of  the
    purpose  of  the  entry,  the  time of day, other persons
    accompanying the defendant, and  advance  approval  by  a
    probation  officer,  if  the defendant has been placed on
    probation or  advance  approval  by  the  court,  if  the
    defendant was placed on conditional discharge;
         (15)  refrain  from  having any contact, directly or
    indirectly, with certain specified persons or  particular
    types of persons, including but not limited to members of
    street gangs and drug users or dealers;
         (16)  refrain  from  having  in  his or her body the
    presence of any illicit drug prohibited by  the  Cannabis
    Control  Act  or  the Illinois Controlled Substances Act,
    unless prescribed by a physician, and submit  samples  of
    his  or her blood or urine or both for tests to determine
    the presence of any illicit drug.
    (c)  The court may as a  condition  of  probation  or  of
conditional discharge require that a person under 18 years of
age  found  guilty  of  any  alcohol,  cannabis or controlled
substance  violation,  refrain  from  acquiring  a   driver's
license   during  the  period  of  probation  or  conditional
discharge.  If such person is in possession of  a  permit  or
license,  the  court  may require that the minor refrain from
driving or operating any motor vehicle during the  period  of
probation   or   conditional  discharge,  except  as  may  be
necessary in the course of the minor's lawful employment.
    (d)  An offender sentenced to probation or to conditional
discharge shall be given  a  certificate  setting  forth  the
conditions thereof.
    (e)  Except  where the offender has committed a fourth or
subsequent violation of subsection (c) of  Section  6-303  of
the  Illinois  Vehicle Code, the court shall not require as a
condition  of  the  sentence  of  probation  or   conditional
discharge  that  the  offender  be  committed  to a period of
imprisonment in excess of 6 months.  This 6 month limit shall
not include  periods  of  confinement  given  pursuant  to  a
sentence   of   county  impact  incarceration  under  Section
5-8-1.2.
    Persons committed  to  imprisonment  as  a  condition  of
probation  or conditional discharge shall not be committed to
the Department of Corrections.
    (f)  The  court  may  combine  a  sentence  of   periodic
imprisonment under Article 7 or a sentence to a county impact
incarceration  program  under  Article  8  with a sentence of
probation or conditional discharge.
    (g)  An offender sentenced to probation or to conditional
discharge  and  who  during  the  term  of  either  undergoes
mandatory drug or alcohol testing, or both, or is assigned to
be placed on an approved electronic monitoring device,  shall
be ordered to pay all costs incidental to such mandatory drug
or alcohol testing, or both, and all costs incidental to such
approved   electronic   monitoring  in  accordance  with  the
defendant's ability to pay those  costs.   The  county  board
with  the  concurrence  of  the  Chief  Judge of the judicial
circuit in  which  the  county  is  located  shall  establish
reasonable  fees  for  the  cost of maintenance, testing, and
incidental expenses related to the mandatory drug or  alcohol
testing,  or  both,  and  all  costs  incidental  to approved
electronic monitoring, involved  in  a  successful  probation
program  for  the county.  The concurrence of the Chief Judge
shall be in the form of an  administrative  order.  The  fees
shall  be  collected  by the clerk of the circuit court.  The
clerk of the circuit court shall  pay  all  moneys  collected
from  these  fees  to  the county treasurer who shall use the
moneys collected to defray the costs of drug testing, alcohol
testing, and  electronic  monitoring.  The  county  treasurer
shall  deposit  the fees collected in the county working cash
fund under Section 6-27001 or Section 6-29002 of the Counties
Code, as the case may be.
    (h)  Jurisdiction over an  offender  may  be  transferred
from  the  sentencing  court  to the court of another circuit
with the concurrence of both  courts,  or  to  another  state
under   an   Interstate  Probation  Reciprocal  Agreement  as
provided in Section 3-3-11.  Further transfers or retransfers
of jurisdiction are also authorized in the same manner.   The
court  to  which jurisdiction has been transferred shall have
the same powers as the sentencing court.
    (i)  The court shall impose upon an offender sentenced to
probation after January 1, 1989 or to  conditional  discharge
after  January  1,  1992, as a condition of such probation or
conditional discharge,  a  fee  of  $25  for  each  month  of
probation or conditional discharge supervision ordered by the
court,  unless  after determining the inability of the person
sentenced to probation or conditional discharge  to  pay  the
fee,  the  court  assesses  a  lesser  fee. The court may not
impose the fee on a minor who is made a  ward  of  the  State
under  the  Juvenile  Court Act of 1987 while the minor is in
placement. The fee shall be imposed only upon an offender who
is actively supervised by the probation  and  court  services
department.   The  fee shall be collected by the clerk of the
circuit court.  The clerk of the circuit court shall pay  all
monies  collected  from  this fee to the county treasurer for
deposit in  the  probation  and  court  services  fund  under
Section 15.1 of the Probation and Probation Officers Act.
    (j)  All  fines  and costs 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.
(Source: P.A.  90-14,  eff.  7-1-97;  90-399,  eff.   1-1-98;
90-504,  eff.  1-1-98;  90-655,  eff.  7-30-98;  91-325, eff.
7-29-99; 91-696, eff. 4-13-00; 91-903, eff. 1-1-01.)

    Section 99.  Effective date.  This Act takes effect  upon
becoming law.
    Passed in the General Assembly May 18, 2001.
    Approved August 10, 2001.

[ Top ]