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92nd General Assembly

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Public Act 92-0698

HB4245 Enrolled                               LRB9213693RCcdA

    AN ACT in relation to criminal law.

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

    Section  5.   The  Illinois  Controlled Substances Act is
amended by changing Section 401 as follows:

    (720 ILCS 570/401) (from Ch. 56 1/2, par. 1401)
    Sec. 401.  Except  as  authorized  by  this  Act,  it  is
unlawful  for  any  person  knowingly  to: (i) manufacture or
deliver, or possess with intent to manufacture or deliver,  a
controlled  or  counterfeit substance or controlled substance
analog or  (ii)  possess  any  methamphetamine  manufacturing
chemical  listed  in  paragraph (z-1) of Section 102 with the
intent to manufacture  methamphetamine  or  the  salt  of  an
optical  isomer  of  methamphetamine or an analog thereof.  A
violation of this Act with respect to each of the  controlled
substances  listed  herein  constitutes a single and separate
violation  of  this  Act.   For  purposes  of  this  Section,
"controlled substance analog" or "analog" means  a  substance
which  is  intended  for  human  consumption,  other  than  a
controlled   substance,   that   has   a  chemical  structure
substantially similar to that of a  controlled  substance  in
Schedule  I  or  II,  or  that  was  specifically designed to
produce  an  effect  substantially  similar  to  that  of   a
controlled  substance  in  Schedule  I  or  II.   Examples of
chemical classes in which controlled  substance  analogs  are
found  include,  but  are  not  limited  to,  the  following:
phenethylamines,   N-substituted   piperidines,   morphinans,
ecgonines,    quinazolinones,    substituted   indoles,   and
arylcycloalkylamines.  For purposes of this Act, a controlled
substance analog shall be treated in the same manner  as  the
controlled substance to which it is substantially similar.
    (a)  Any person who violates this Section with respect to
the following amounts of controlled or counterfeit substances
or  controlled  substance analogs, notwithstanding any of the
provisions of subsections (c), (c-5), (d), (d-5),  (e),  (f),
(g) or (h) to the contrary, is guilty of a Class X felony and
shall  be  sentenced to a term of imprisonment as provided in
this subsection (a) and fined as provided in subsection (b):
         (1) (A)  not less than 6 years and not more than  30
         years with respect to 15 grams or more but less than
         100  grams  of  a substance containing heroin, or an
         analog thereof;
              (B)  not less than 9 years and not more than 40
         years with respect to 100 grams  or  more  but  less
         than  400 grams of a substance containing heroin, or
         an analog thereof;
              (C)  not less than 12 years and not  more  than
         50  years with respect to 400 grams or more but less
         than 900 grams of a substance containing heroin,  or
         an analog thereof;
              (D)  not  less  than 15 years and not more than
         60 years with respect to 900 grams or  more  of  any
         substance containing heroin, or an analog thereof;

         (2) (A)  not  less than 6 years and not more than 30
         years with respect to 15 grams or more but less than
         100 grams of a substance containing cocaine,  or  an
         analog thereof;
              (B)  not less than 9 years and not more than 40
         years  with  respect  to  100 grams or more but less
         than 400 grams of a substance containing cocaine, or
         an analog thereof;
              (C)  not less than 12 years and not  more  than
         50  years with respect to 400 grams or more but less
         than 900 grams of a substance containing cocaine, or
         an analog thereof;
              (D)  not less than 15 years and not  more  than
         60  years  with  respect to 900 grams or more of any
         substance containing cocaine, or an analog thereof;

         (3) (A)  not less than 6 years and not more than  30
         years with respect to 15 grams or more but less than
         100  grams of a substance containing morphine, or an
         analog thereof;
              (B)  not less than 9 years and not more than 40
         years with respect to 100 grams  or  more  but  less
         than  400  grams of a substance containing morphine,
         or an analog thereof;
              (C)  not less than 12 years and not  more  than
         50  years with respect to 400 grams or more but less
         than 900 grams of a substance  containing  morphine,
         or an analog thereof;
              (D)  not  less  than 15 years and not more than
         60 years with respect to 900  grams  or  more  of  a
         substance containing morphine, or an analog thereof;
         (4)  200  grams  or more of any substance containing
    peyote, or an analog thereof;
         (5)  200 grams or more of any substance containing a
    derivative of barbituric acid or any of the  salts  of  a
    derivative of barbituric acid, or an analog thereof;
         (6)  200  grams  or more of any substance containing
    amphetamine  or  any  salt  of  an  optical   isomer   of
    amphetamine, or an analog thereof;
         (6.5) (A)  not  less  than 6 years and not more than
         30 years with respect to 15 grams or more  but  less
         than   100   grams   of   a   substance   containing
         methamphetamine  or any salt of an optical isomer of
         methamphetamine, or an analog thereof;
              (B)  not less than 9 years and not more than 40
         years with respect to 100 grams  or  more  but  less
         than   400   grams   of   a   substance   containing
         methamphetamine  or any salt of an optical isomer of
         methamphetamine, or an analog thereof;
              (C)  not less than 12 years and not  more  than
         50  years with respect to 400 grams or more but less
         than   900   grams   of   a   substance   containing
         methamphetamine or any salt of an optical isomer  of
         methamphetamine, or an analog thereof;
              (D)  not  less  than 15 years and not more than
         60 years with respect to 900 grams or  more  of  any
         substance  containing methamphetamine or any salt of
         an optical isomer of methamphetamine, or  an  analog
         thereof.
         (6.6) (A)  not  less  than 6 years and not more than
         30 years for the possession of  any  methamphetamine
         manufacturing  chemical set forth in paragraph (z-1)
         of Section 102 with intent to manufacture  30  grams
         or  more  but  less  than 150 grams of any substance
         containing methamphetamine, or salt of  any  optical
         isomer of methamphetamine, or an analog thereof;
              (B)  not less than 6 years and not more than 40
         years  for  the  possession  of  any methamphetamine
         manufacturing chemical set forth in paragraph  (z-1)
         of  Section 102 with intent to manufacture 150 grams
         or more but less than 500  grams  of  any  substance
         containing  methamphetamine,  or  salt of an optical
         isomer of methamphetamine, or an analog thereof;
              (C)  not less than 6 years and not more than 50
         years for  the  possession  of  any  methamphetamine
         manufacturing  chemical set forth in paragraph (z-1)
         of Section 102 with intent to manufacture 500  grams
         or  more  but  less than 1200 grams of any substance
         containing methamphetamine, or salt  of  an  optical
         isomer of methamphetamine, or an analog thereof;
              (D)  not less than 6 years and not more than 60
         years  for  the  possession  of  any methamphetamine
         manufacturing chemical set forth in paragraph  (z-1)
         of Section 102 with intent to manufacture 1200 grams
         or more of any substance containing methamphetamine,
         or  salt of an optical isomer of methamphetamine, or
         an analog thereof;
         (7) (A)  not less than 6 years and not more than  30
         years with respect to: (i) 15 grams or more but less
         than  100  grams  of a substance containing lysergic
         acid diethylamide (LSD), or an  analog  thereof,  or
         (ii)  15  or  more  objects or 15 or more segregated
         parts of an object or  objects  but  less  than  200
         objects  or  200  segregated  parts  of an object or
         objects containing in them or having upon  them  any
         amounts  of  any  substance containing lysergic acid
         diethylamide (LSD), or an analog thereof;
              (B)  not less than 9 years and not more than 40
         years with respect to: (i) 100  grams  or  more  but
         less  than  400  grams  of  a  substance  containing
         lysergic  acid  diethylamide  (LSD),  or  an  analog
         thereof,  or (ii) 200 or more objects or 200 or more
         segregated parts of an object or  objects  but  less
         than  600  objects or less than 600 segregated parts
         of an object or objects containing in them or having
         upon them any amount  of  any  substance  containing
         lysergic  acid  diethylamide  (LSD),  or  an  analog
         thereof;
              (C)  not  less  than 12 years and not more than
         50 years with respect to: (i) 400 grams or more  but
         less  than  900  grams  of  a  substance  containing
         lysergic  acid  diethylamide  (LSD),  or  an  analog
         thereof,  or (ii) 600 or more objects or 600 or more
         segregated parts of an object or  objects  but  less
         than  1500  objects  or  1500 segregated parts of an
         object or objects containing in them or having  upon
         them any amount of any substance containing lysergic
         acid diethylamide (LSD), or an analog thereof;
              (D)  not  less  than 15 years and not more than
         60 years with respect to: (i) 900 grams or  more  of
         any  substance containing lysergic acid diethylamide
         (LSD), or an analog thereof, or (ii)  1500  or  more
         objects  or  1500  or  more  segregated  parts of an
         object or objects containing in them or having  upon
         them  any  amount of a substance containing lysergic
         acid diethylamide (LSD), or an analog thereof;
         (7.5) (A) not less than 6 years and not more than 30
         years with respect to: (i) 15 grams or more but less
         than 100 grams of a substance  listed  in  paragraph
         (1),  (2),  (2.1),  (3), (14.1), (19), (20), (20.1),
         (21), (25), or (26) of  subsection  (d)  of  Section
         204,  or an analog or derivative thereof, or (ii) 15
         or  more  pills,  tablets,  caplets,  capsules,   or
         objects  but  less than 200 pills, tablets, caplets,
         capsules, or objects containing in  them  or  having
         upon  them  any  amounts  of any substance listed in
         paragraph (1), (2), (2.1), (3), (14.1), (19),  (20),
         (20.1),  (21),  (25),  or  (26) of subsection (d) of
         Section 204, or an analog or derivative thereof;
              (B)  not less than 9 years and not more than 40
         years with respect to: (i) 100  grams  or  more  but
         less  than  400  grams  of  a  substance  listed  in
         paragraph  (1), (2), (2.1), (3), (14.1), (19), (20),
         (20.1), (21), (25), or (26)  of  subsection  (d)  of
         Section  204, or an analog or derivative thereof, or
         (ii) 200 or more pills, tablets, caplets,  capsules,
         or   objects  but  less  than  600  pills,  tablets,
         caplets, capsules, or objects containing in them  or
         having  upon them any amount of any substance listed
         in paragraph (1), (2),  (2.1),  (3),  (14.1),  (19),
         (20),  (20.1), (21), (25), or (26) of subsection (d)
         of Section 204, or an analog or derivative thereof;
              (C) not less than 12 years and not more than 50
         years with respect to: (i) 400  grams  or  more  but
         less  than  900  grams  of  a  substance  listed  in
         paragraph  (1), (2), (2.1), (3), (14.1), (19), (20),
         (20.1), (21), (25), or (26)  of  subsection  (d)  of
         Section 204,  or an analog or derivative thereof, or
         (ii)  600 or more pills, tablets, caplets, capsules,
         or objects  but  less  than  1,500  pills,  tablets,
         caplets,  capsules, or objects containing in them or
         having upon them any amount of any substance  listed
         in  paragraph  (1),  (2),  (2.1), (3), (14.1), (19),
         (20), (20.1), (21), (25), or (26) of subsection  (d)
         of Section 204, or an analog or derivative thereof;
              (D) not less than 15 years and not more than 60
         years  with respect to: (i) 900 grams or more of any
         substance listed in paragraph (1), (2), (2.1),  (3),
         (14.1),  (19),  (20), (20.1), (21), (25), or (26) of
         subsection (d) of  Section  204,  or  an  analog  or
         derivative  thereof,  or  (ii)  1,500 or more pills,
         tablets, caplets, capsules, or objects containing in
         them or having upon them any amount of  a  substance
         listed  in  paragraph  (1), (2), (2.1), (3), (14.1),
         (19),  (20),  (20.1),  (21),  (25),   or   (26)   of
         subsection  (d)  of  Section  204,  or  an analog or
         derivative thereof;
         (8)  30 grams or more of  any  substance  containing
    pentazocine  or  any  of  the salts, isomers and salts of
    isomers of pentazocine, or an analog thereof;
         (9)  30 grams or more of  any  substance  containing
    methaqualone  or  any  of the salts, isomers and salts of
    isomers of methaqualone, or an analog thereof;
         (10)  30  grams   or   more   of    any    substance
    containing   phencyclidine or any of the  salts,  isomers
    and  salts  of  isomers  of phencyclidine  (PCP),  or  an
    analog  thereof;
         (10.5)  30 grams or more of any substance containing
    ketamine  or  any  of  the  salts,  isomers  and salts of
    isomers of ketamine, or an analog thereof;
         (11)  200 grams or more of any substance  containing
    any  other controlled substance classified in Schedules I
    or II, or an  analog  thereof,  which  is  not  otherwise
    included in this subsection.
    (b)  Any  person  sentenced with respect to violations of
paragraph (1), (2), (3),  (6.5),  (6.6),  (7),  or  (7.5)  of
subsection  (a) involving 100 grams or more of the controlled
substance named therein, may in  addition  to  the  penalties
provided  therein,  be fined an amount not more than $500,000
or the full street value of  the  controlled  or  counterfeit
substance   or  controlled  substance  analog,  whichever  is
greater.  The term "street  value"  shall  have  the  meaning
ascribed  in  Section 110-5 of the Code of Criminal Procedure
of 1963.  Any person sentenced  with  respect  to  any  other
provision of subsection (a), may in addition to the penalties
provided therein, be fined an amount not to exceed $500,000.
    (c)  Any  person who violates this Section with regard to
the following amounts of controlled or counterfeit substances
or controlled substance analogs, notwithstanding any  of  the
provisions of subsections (a), (b), (d), (e), (f), (g) or (h)
to the contrary, is guilty of a Class 1 felony.  The fine for
violation  of  this  subsection  (c)  shall  not be more than
$250,000:
         (1)  1 gram 10 or more grams but less than 15  grams
    of any substance containing heroin, or an analog thereof;
         (2)  1  gram  or  more but less than 15 grams of any
    substance containing cocaine, or an analog thereof;
         (3)  10 grams or more but less than 15 grams of  any
    substance containing morphine, or an analog thereof;
         (4)  50 grams or more but less than 200 grams of any
    substance containing peyote, or an analog thereof;
         (5)  50 grams or more but less than 200 grams of any
    substance  containing  a derivative of barbituric acid or
    any of the salts of a derivative of barbituric  acid,  or
    an analog thereof;
         (6)  50 grams or more but less than 200 grams of any
    substance  containing  amphetamine  or  any  salt  of  an
    optical isomer of amphetamine, or an analog thereof;
         (6.5)  5 grams or more but less than 15 grams of any
    substance  containing  methamphetamine  or  any  salt  or
    optical isomer of methamphetamine, or an analog thereof;
         (7)  (i)  5  grams or more but less than 15 grams of
    any  substance  containing  lysergic  acid   diethylamide
    (LSD), or an analog thereof, or (ii) more than 10 objects
    or  more than 10 segregated parts of an object or objects
    but less than 15 objects or less than 15 segregated parts
    of an object containing in them or having upon  them  any
    amount   of   any   substance  containing  lysergic  acid
    diethylamide (LSD), or an analog thereof;
         (7.5) (i) 5 grams or more but less than 15 grams  of
    any  substance  listed in paragraph (1), (2), (2.1), (3),
    (14.1), (19),  (20),  (20.1),  (21),  (25),  or  (26)  of
    subsection (d) of Section 204, or an analog or derivative
    thereof,  or  (ii)  more than 10 pills, tablets, caplets,
    capsules, or objects but less  than  15  pills,  tablets,
    caplets,  capsules,  or  objects  containing  in  them or
    having upon them any  amount of any substance  listed  in
    paragraph  (1),  (2),  (2.1),  (3),  (14.1),  (19), (20),
    (20.1), (21), (25), or (26) of subsection (d) of  Section
    204, or an analog or derivative thereof;
         (8)  10  grams or more but less than 30 grams of any
    substance containing pentazocine or  any  of  the  salts,
    isomers and salts of isomers of pentazocine, or an analog
    thereof;
         (9)  10  grams or more but less than 30 grams of any
    substance containing methaqualone or any  of  the  salts,
    isomers  and  salts  of  isomers  of  methaqualone, or an
    analog thereof;
         (10)  10 grams or more but less than 30 grams of any
    substance containing phencyclidine or any of  the  salts,
    isomers  and  salts of isomers of phencyclidine (PCP), or
    an analog thereof;
         (10.5)  10 grams or more but less than 30  grams  of
    any  substance  containing  ketamine or any of the salts,
    isomers and salts of isomers of ketamine,  or  an  analog
    thereof;
         (11)  50  grams  or  more but less than 200 grams of
    any  substance  containing  a  substance  classified   in
    Schedules  I  or  II,  or an analog thereof, which is not
    otherwise included in this subsection.
    (c-5)  Any person who violates this Section  with  regard
to  possession  of any methamphetamine manufacturing chemical
set forth in paragraph (z-1) of Section 102  with  intent  to
manufacture  15  grams  or  more  but  less  than 30 grams of
methamphetamine,  or   salt   of   an   optical   isomer   of
methamphetamine or any analog thereof, is guilty of a Class 1
felony.   The  fine  for  violation  of this subsection (c-5)
shall not be more than $250,000.
    (d)  Any person who violates this Section with regard  to
any  other  amount  of  a controlled or counterfeit substance
classified in Schedules I or II, or an analog thereof,  which
is (i) a narcotic drug, (ii) lysergic acid diethylamide (LSD)
or  an  analog  thereof,  or  (iii)  any substance containing
amphetamine or methamphetamine or any salt or optical  isomer
of  amphetamine  or methamphetamine, or an analog thereof, is
guilty of a Class 2 felony. The fine for  violation  of  this
subsection (d) shall not be more than $200,000.
    (d-5)  Any  person  who violates this Section with regard
to possession of any methamphetamine  manufacturing  chemical
set  forth  in  paragraph (z-1) of Section 102 with intent to
manufacture less than 15 grams of methamphetamine, or salt of
an optical isomer of methamphetamine or any  analog  thereof,
is  guilty  of  a  Class 2 felony.  The fine for violation of
this subsection (d-5) shall not be more than $200,000.
    (e)  Any person who violates this Section with regard  to
any  other  amount  of  a controlled or counterfeit substance
classified in Schedule I or II, or an analog  thereof,  which
substance  is  not  included  under  subsection  (d)  of this
Section, is  guilty  of  a  Class  3  felony.  The  fine  for
violation  of  this  subsection  (e)  shall  not be more than
$150,000.
    (f)  Any person who violates this Section with regard  to
any  other  amount  of  a controlled or counterfeit substance
classified in Schedule III is guilty of a Class 3 felony. The
fine for violation of this subsection (f) shall not  be  more
than $125,000.
    (g)  Any  person who violates this Section with regard to
any other amount of a  controlled  or  counterfeit  substance
classified  in Schedule IV is guilty of a Class 3 felony. The
fine for violation of this subsection (g) shall not  be  more
than $100,000.
    (h)  Any  person who violates this Section with regard to
any other amount of a  controlled  or  counterfeit  substance
classified  in  Schedule V is guilty of a Class 3 felony. The
fine for violation of this subsection (h) shall not  be  more
than $75,000.
    (i)  This  Section  does  not  apply  to the manufacture,
possession or distribution of a substance in conformance with
the provisions of an approved  new  drug  application  or  an
exemption  for  investigational  use  within  the  meaning of
Section 505 of the Federal Food, Drug and Cosmetic Act.
(Source: P.A. 91-336,  eff.  1-1-00;  91-357,  eff.  7-29-99;
91-403,  eff.  1-1-00;  92-16,  eff.  6-28-01;  92-256,  eff.
1-1-02.)

    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)(1)  or (c)(2) of Section 401 of
         that Act which relates to more than  5  grams  of  a
         substance  containing heroin or cocaine or an analog
         thereof.
              (E)  A violation of Section 5.1  or  9  of  the
         Cannabis Control Act.
              (F)  A   Class  2  or  greater  felony  if  the
         offender had been convicted of a Class 2 or  greater
         felony  within  10  years  of  the date on which the
         offender committed the offense for which he  or  she
         is  being sentenced, except as otherwise provided in
         Section 40-10 of the Alcoholism and Other Drug Abuse
         and Dependency Act.
              (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.
              (S)  A violation of Section  11-501(c-1)(3)  of
         the Illinois Vehicle Code.
         (3)  A minimum term of imprisonment of not less than
    5  days  or  30  days  of  community  service  as  may be
    determined by the court shall be  imposed  for  a  second
    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. In the case
    of a third 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,   a   minimum   term  of  either  10  days  of
    imprisonment or 60 days of  community  service  shall  be
    imposed.
         (4)  A minimum term of imprisonment of not less than
    10 consecutive days or 30 days of community service shall
    be  imposed  for  a violation of paragraph (c) of Section
    6-303 of the Illinois Vehicle Code.
         (4.1)  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.
         (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 in any state or federal court of  an
    offense that contains the same elements as an offense now
    classified  in  Illinois  as  a  Class 2 or greater Class
    felony and such charges are separately brought and  tried
    and arise out of different series of acts, such defendant
    shall  be sentenced as a Class X offender. This paragraph
    shall not apply unless (1) the first felony was committed
    after the effective date of this amendatory Act of  1977;
    and  (2) the second felony was committed after conviction
    on the first; and (3)  the  third  felony  was  committed
    after  conviction  on the second. A person sentenced as a
    Class X offender under this paragraph is not eligible  to
    apply  for  treatment  as  a  condition  of  probation as
    provided by Section 40-10 of  the  Alcoholism  and  Other
    Drug Abuse and Dependency Act.
         (9)  A defendant convicted of a second or subsequent
    offense  of  ritualized abuse of a child may be sentenced
    to a term of natural life imprisonment.
         (10)  When  a  person  is  convicted  of   violating
    Section  11-501 of the Illinois Vehicle Code or a similar
    provision of a local ordinance, the  following  penalties
    apply  when his or her blood, breath, or urine was .16 or
    more based on the definition of blood, breath,  or  urine
    units  in Section 11-501.2 or that person is convicted of
    violating Section 11-501 of  the  Illinois  Vehicle  Code
    while transporting a child under the age of 16:
              (A)  For a first violation of subsection (a) of
         Section  11-501,  in  addition  to any other penalty
         that may be imposed under subsection (c) of  Section
         11-501:   a   mandatory  minimum  of  100  hours  of
         community service and a minimum fine of $500.
              (B)  For a second violation of  subsection  (a)
         of  Section 11-501, in addition to any other penalty
         that may be imposed under subsection (c) of  Section
         11-501  within  10  years:  a mandatory minimum of 2
         days of imprisonment and a minimum fine of $1,250.
              (C)  For a third violation of subsection (a) of
         Section 11-501, in addition  to  any  other  penalty
         that  may be imposed under subsection (c) of Section
         11-501 within 20 years: a mandatory  minimum  of  90
         days of imprisonment and a minimum fine of $2,500.
              (D)  For  a  fourth  or subsequent violation of
         subsection (a) of Section 11-501: ineligibility  for
         a sentence of probation or conditional discharge and
         a minimum fine of $2,500.
    (d)  In  any  case in which a sentence originally imposed
is vacated, the case shall be remanded to  the  trial  court.
The  trial  court shall hold a hearing under Section 5-4-1 of
the Unified Code of Corrections which may include evidence of
the defendant's life, moral character and  occupation  during
the  time  since the original sentence was passed.  The trial
court shall then impose sentence  upon  the  defendant.   The
trial  court  may  impose  any sentence which could have been
imposed at the original trial subject to Section 5-5-4 of the
Unified Code of Corrections. If  a  sentence  is  vacated  on
appeal  or  on  collateral  attack  due to the failure of the
trier of fact at trial to determine beyond a reasonable doubt
the existence of a  fact  (other  than  a  prior  conviction)
necessary  to  increase the punishment for the offense beyond
the  statutory  maximum  otherwise  applicable,  either   the
defendant  may  be  re-sentenced  to  a term within the range
otherwise provided or, if  the  State  files  notice  of  its
intention  to again seek the extended sentence, the defendant
shall be afforded a new trial.
    (e)  In  cases  where  prosecution  for  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. 91-357,  eff.  7-29-99;  91-404,  eff.  1-1-00;
91-663,  eff.  12-22-99;  91-695,  eff. 4-13-00; 91-953, eff.
2-23-01; 92-183, eff. 7-27-01; 92-248, eff.  8-3-01;  92-283,
eff.  1-1-02;  92-340,  eff.  8-10-01;  92-418, eff. 8-17-01;
92-422, eff. 8-17-01; revised 8-28-01.)

    Section 99.  Effective date.  This Act takes effect  upon
becoming law.
    Passed in the General Assembly May 07, 2002.
    Approved July 19, 2002.
    Effective July 19, 2002.

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