Bill Text: IL HB1390 | 2023-2024 | 103rd General Assembly | Introduced
Bill Title: Amends the Unified Code of Corrections. Provides that a period of probation, a term of periodic imprisonment, or conditional discharge shall not be imposed for a felony offense that requires registration under the Sex Offender Registration Act.
Spectrum: Partisan Bill (Republican 5-0)
Status: (Introduced) 2024-04-26 - Added Co-Sponsor Rep. Tony M. McCombie [HB1390 Detail]
Download: Illinois-2023-HB1390-Introduced.html
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1 | AN ACT concerning criminal law.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Unified Code of Corrections is amended by | |||||||||||||||||||
5 | changing Section 5-5-3 as follows:
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6 | (730 ILCS 5/5-5-3)
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7 | Sec. 5-5-3. Disposition.
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8 | (a) (Blank).
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9 | (b) (Blank).
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10 | (c) (1) (Blank).
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11 | (2) A period of probation, a term of periodic imprisonment | |||||||||||||||||||
12 | or
conditional discharge shall not be imposed for the | |||||||||||||||||||
13 | following offenses.
The court shall sentence the offender to | |||||||||||||||||||
14 | not less than the minimum term
of imprisonment set forth in | |||||||||||||||||||
15 | this Code for the following offenses, and
may order a fine or | |||||||||||||||||||
16 | restitution or both in conjunction with such term of
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17 | imprisonment:
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18 | (A) First degree murder where the death penalty is not | |||||||||||||||||||
19 | imposed.
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20 | (B) Attempted first degree murder.
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21 | (C) A Class X felony.
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22 | (D) A violation of Section 401.1 or 407 of the
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23 | Illinois Controlled Substances Act, or a violation of |
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1 | subdivision (c)(1.5) of
Section 401 of that Act which | ||||||
2 | relates to more than 5 grams of a substance
containing | ||||||
3 | fentanyl or an analog thereof.
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4 | (D-5) A violation of subdivision (c)(1) of
Section 401 | ||||||
5 | of the Illinois Controlled Substances Act which relates to | ||||||
6 | 3 or more grams of a substance
containing heroin or an | ||||||
7 | analog thereof. | ||||||
8 | (E) (Blank).
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9 | (F) A Class 1 or greater felony if the offender had | ||||||
10 | been convicted
of a Class 1 or greater felony, including | ||||||
11 | any state or federal conviction for an offense that | ||||||
12 | contained, at the time it was committed, the same elements | ||||||
13 | as an offense now (the date of the offense committed after | ||||||
14 | the prior Class 1 or greater felony) classified as a Class | ||||||
15 | 1 or greater felony, within 10 years of the date on which | ||||||
16 | the
offender
committed the offense for which he or she is | ||||||
17 | being sentenced, except as
otherwise provided in Section | ||||||
18 | 40-10 of the Substance Use Disorder Act.
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19 | (F-3) A Class 2 or greater felony sex offense or | ||||||
20 | felony firearm offense if the offender had been convicted | ||||||
21 | of a Class 2 or greater felony, including any state or | ||||||
22 | federal conviction for an offense that contained, at the | ||||||
23 | time it was committed, the same elements as an offense now | ||||||
24 | (the date of the offense committed after the prior Class 2 | ||||||
25 | or greater felony) classified as a Class 2 or greater | ||||||
26 | felony, within 10 years of the date on which the offender |
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1 | committed the offense for which he or she is being | ||||||
2 | sentenced, except as otherwise provided in Section 40-10 | ||||||
3 | of the Substance Use Disorder Act. | ||||||
4 | (F-5) A violation of Section 24-1, 24-1.1, or 24-1.6 | ||||||
5 | of the Criminal Code of 1961 or the Criminal Code of 2012 | ||||||
6 | for which imprisonment is prescribed in those Sections. | ||||||
7 | (G) Residential burglary, except as otherwise provided | ||||||
8 | in Section 40-10
of the Substance Use Disorder Act.
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9 | (H) Criminal sexual assault.
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10 | (I) Aggravated battery of a senior citizen as | ||||||
11 | described in Section 12-4.6 or subdivision (a)(4) of | ||||||
12 | Section 12-3.05 of the Criminal Code of 1961 or the | ||||||
13 | Criminal Code of 2012.
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14 | (J) A forcible felony if the offense was related to | ||||||
15 | the activities of an
organized gang.
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16 | Before July 1, 1994, for the purposes of this | ||||||
17 | paragraph, "organized
gang" means an association of 5 or | ||||||
18 | more persons, with an established hierarchy,
that | ||||||
19 | encourages members of the association to perpetrate crimes | ||||||
20 | or provides
support to the members of the association who | ||||||
21 | do commit crimes.
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22 | Beginning July 1, 1994, for the purposes of this | ||||||
23 | paragraph,
"organized gang" has the meaning ascribed to it | ||||||
24 | in Section 10 of the Illinois
Streetgang Terrorism Omnibus | ||||||
25 | Prevention Act.
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26 | (K) Vehicular hijacking.
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1 | (L) A second or subsequent conviction for the offense | ||||||
2 | of hate crime
when the underlying offense upon which the | ||||||
3 | hate crime is based is felony
aggravated
assault or felony | ||||||
4 | mob action.
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5 | (M) A second or subsequent conviction for the offense | ||||||
6 | of institutional
vandalism if the damage to the property | ||||||
7 | exceeds $300.
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8 | (N) A Class 3 felony violation of paragraph (1) of | ||||||
9 | subsection (a) of
Section 2 of the Firearm Owners | ||||||
10 | Identification Card Act.
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11 | (O) A violation of Section 12-6.1 or 12-6.5 of the | ||||||
12 | Criminal Code of 1961 or the Criminal Code of 2012.
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13 | (P) A violation of paragraph (1), (2), (3), (4), (5), | ||||||
14 | or (7) of
subsection (a)
of Section 11-20.1 of the | ||||||
15 | Criminal Code of 1961 or the Criminal Code of 2012.
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16 | (P-5) A violation of paragraph (6) of subsection (a) | ||||||
17 | of
Section 11-20.1 of the Criminal Code of 1961 or the
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18 | Criminal Code of 2012 if the victim is a household or
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19 | family member of the defendant. | ||||||
20 | (Q) A violation of subsection (b) or (b-5) of Section | ||||||
21 | 20-1, Section 20-1.2, or Section 20-1.3 of the Criminal | ||||||
22 | Code of
1961 or the Criminal Code of 2012.
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23 | (R) A violation of Section 24-3A of the Criminal Code | ||||||
24 | of
1961 or the Criminal Code of 2012.
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25 | (S) (Blank).
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26 | (T) (Blank).
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1 | (U) A second or subsequent violation of Section 6-303 | ||||||
2 | of the Illinois Vehicle Code committed while his or her | ||||||
3 | driver's license, permit, or privilege was revoked because | ||||||
4 | of a violation of Section 9-3 of the Criminal Code of 1961 | ||||||
5 | or the Criminal Code of 2012, relating to the offense of | ||||||
6 | reckless homicide, or a similar provision of a law of | ||||||
7 | another state.
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8 | (V)
A violation of paragraph (4) of subsection (c) of | ||||||
9 | Section 11-20.1B or paragraph (4) of subsection (c) of | ||||||
10 | Section 11-20.3 of the Criminal Code of 1961, or paragraph | ||||||
11 | (6) of subsection (a) of Section 11-20.1 of the Criminal | ||||||
12 | Code of 2012 when the victim is under 13 years of age and | ||||||
13 | the defendant has previously been convicted under the laws | ||||||
14 | of this State or any other state of the offense of child | ||||||
15 | pornography, aggravated child pornography, aggravated | ||||||
16 | criminal sexual abuse, aggravated criminal sexual assault, | ||||||
17 | predatory criminal sexual assault of a child, or any of | ||||||
18 | the offenses formerly known as rape, deviate sexual | ||||||
19 | assault, indecent liberties with a child, or aggravated | ||||||
20 | indecent liberties with a child where the victim was under | ||||||
21 | the age of 18 years or an offense that is substantially | ||||||
22 | equivalent to those offenses. | ||||||
23 | (W) A violation of Section 24-3.5 of the Criminal Code | ||||||
24 | of 1961 or the Criminal Code of 2012.
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25 | (X) A violation of subsection (a) of Section 31-1a of | ||||||
26 | the Criminal Code of 1961 or the Criminal Code of 2012. |
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1 | (Y) A conviction for unlawful possession of a firearm | ||||||
2 | by a street gang member when the firearm was loaded or | ||||||
3 | contained firearm ammunition. | ||||||
4 | (Z) A Class 1 felony committed while he or she was | ||||||
5 | serving a term of probation or conditional discharge for a | ||||||
6 | felony. | ||||||
7 | (AA) Theft of property exceeding $500,000 and not | ||||||
8 | exceeding $1,000,000 in value. | ||||||
9 | (BB) Laundering of criminally derived property of a | ||||||
10 | value exceeding
$500,000. | ||||||
11 | (CC) Knowingly selling, offering for sale, holding for | ||||||
12 | sale, or using 2,000 or more counterfeit items or | ||||||
13 | counterfeit items having a retail value in the aggregate | ||||||
14 | of $500,000 or more. | ||||||
15 | (DD) A conviction for aggravated assault under | ||||||
16 | paragraph (6) of subsection (c) of Section 12-2 of the | ||||||
17 | Criminal Code of 1961 or the Criminal Code of 2012 if the | ||||||
18 | firearm is aimed toward the person against whom the | ||||||
19 | firearm is being used. | ||||||
20 | (EE) A conviction for a violation of paragraph (2) of | ||||||
21 | subsection (a) of Section 24-3B of the Criminal Code of | ||||||
22 | 2012. | ||||||
23 | (FF) A felony offense that requires registration under
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24 | the Sex Offender Registration Act. | ||||||
25 | (3) (Blank).
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26 | (4) A minimum term of imprisonment of not less than 10
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1 | consecutive days or 30 days of community service shall be | ||||||
2 | imposed for a
violation of paragraph (c) of Section 6-303 of | ||||||
3 | the Illinois Vehicle Code.
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4 | (4.1) (Blank).
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5 | (4.2) Except as provided in paragraphs (4.3) and (4.8) of | ||||||
6 | this subsection (c), a
minimum of
100 hours of community | ||||||
7 | service shall be imposed for a second violation of
Section | ||||||
8 | 6-303
of the Illinois Vehicle Code.
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9 | (4.3) A minimum term of imprisonment of 30 days or 300 | ||||||
10 | hours of community
service, as determined by the court, shall
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11 | be imposed for a second violation of subsection (c) of Section | ||||||
12 | 6-303 of the
Illinois Vehicle Code.
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13 | (4.4) Except as provided in paragraphs
(4.5), (4.6), and | ||||||
14 | (4.9) of this
subsection (c), a
minimum term of imprisonment | ||||||
15 | of 30 days or 300 hours of community service, as
determined by | ||||||
16 | the court, shall
be imposed
for a third or subsequent | ||||||
17 | violation of Section 6-303 of the Illinois Vehicle
Code. The | ||||||
18 | court may give credit toward the fulfillment of community | ||||||
19 | service hours for participation in activities and treatment as | ||||||
20 | determined by court services.
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21 | (4.5) A minimum term of imprisonment of 30 days
shall be | ||||||
22 | imposed for a third violation of subsection (c) of
Section | ||||||
23 | 6-303 of the Illinois Vehicle Code.
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24 | (4.6) Except as provided in paragraph (4.10) of this | ||||||
25 | subsection (c), a minimum term of imprisonment of 180 days | ||||||
26 | shall be imposed for a
fourth or subsequent violation of |
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1 | subsection (c) of Section 6-303 of the
Illinois Vehicle Code.
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2 | (4.7) A minimum term of imprisonment of not less than 30 | ||||||
3 | consecutive days, or 300 hours of community service, shall be | ||||||
4 | imposed for a violation of subsection (a-5) of Section 6-303 | ||||||
5 | of the Illinois Vehicle Code, as provided in subsection (b-5) | ||||||
6 | of that Section.
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7 | (4.8) A mandatory prison sentence shall be imposed for a | ||||||
8 | second violation of subsection (a-5) of Section 6-303 of the | ||||||
9 | Illinois Vehicle Code, as provided in subsection (c-5) of that | ||||||
10 | Section. The person's driving privileges shall be revoked for | ||||||
11 | a period of not less than 5 years from the date of his or her | ||||||
12 | release from prison.
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13 | (4.9) A mandatory prison sentence of not less than 4 and | ||||||
14 | not more than 15 years shall be imposed for a third violation | ||||||
15 | of subsection (a-5) of Section 6-303 of the Illinois Vehicle | ||||||
16 | Code, as provided in subsection (d-2.5) of that Section. The | ||||||
17 | person's driving privileges shall be revoked for the remainder | ||||||
18 | of his or her life.
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19 | (4.10) A mandatory prison sentence for a Class 1 felony | ||||||
20 | shall be imposed, and the person shall be eligible for an | ||||||
21 | extended term sentence, for a fourth or subsequent violation | ||||||
22 | of subsection (a-5) of Section 6-303 of the Illinois Vehicle | ||||||
23 | Code, as provided in subsection (d-3.5) of that Section. The | ||||||
24 | person's driving privileges shall be revoked for the remainder | ||||||
25 | of his or her life.
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26 | (5) The court may sentence a corporation or unincorporated
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1 | association convicted of any offense to:
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2 | (A) a period of conditional discharge;
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3 | (B) a fine;
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4 | (C) make restitution to the victim under Section 5-5-6 | ||||||
5 | of this Code.
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6 | (5.1) In addition to any other penalties imposed, and | ||||||
7 | except as provided in paragraph (5.2) or (5.3), a person
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8 | convicted of violating subsection (c) of Section 11-907 of the | ||||||
9 | Illinois
Vehicle Code shall have his or her driver's license, | ||||||
10 | permit, or privileges
suspended for at least 90 days but not | ||||||
11 | more than one year, if the violation
resulted in damage to the | ||||||
12 | property of another person.
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13 | (5.2) In addition to any other penalties imposed, and | ||||||
14 | except as provided in paragraph (5.3), a person convicted
of | ||||||
15 | violating subsection (c) of Section 11-907 of the Illinois | ||||||
16 | Vehicle Code
shall have his or her driver's license, permit, | ||||||
17 | or privileges suspended for at
least 180 days but not more than | ||||||
18 | 2 years, if the violation resulted in injury
to
another | ||||||
19 | person.
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20 | (5.3) In addition to any other penalties imposed, a person | ||||||
21 | convicted of violating subsection (c) of Section
11-907 of the | ||||||
22 | Illinois Vehicle Code shall have his or her driver's license,
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23 | permit, or privileges suspended for 2 years, if the violation | ||||||
24 | resulted in the
death of another person.
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25 | (5.4) In addition to any other penalties imposed, a person | ||||||
26 | convicted of violating Section 3-707 of the Illinois Vehicle |
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1 | Code shall have his or her driver's license, permit, or | ||||||
2 | privileges suspended for 3 months and until he or she has paid | ||||||
3 | a reinstatement fee of $100. | ||||||
4 | (5.5) In addition to any other penalties imposed, a person | ||||||
5 | convicted of violating Section 3-707 of the Illinois Vehicle | ||||||
6 | Code during a period in which his or her driver's license, | ||||||
7 | permit, or privileges were suspended for a previous violation | ||||||
8 | of that Section shall have his or her driver's license, | ||||||
9 | permit, or privileges suspended for an additional 6 months | ||||||
10 | after the expiration of the original 3-month suspension and | ||||||
11 | until he or she has paid a reinstatement fee of $100.
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12 | (6) (Blank).
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13 | (7) (Blank).
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14 | (8) (Blank).
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15 | (9) A defendant convicted of a second or subsequent | ||||||
16 | offense of ritualized
abuse of a child may be sentenced to a | ||||||
17 | term of natural life imprisonment.
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18 | (10) (Blank).
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19 | (11) The court shall impose a minimum fine of $1,000 for a | ||||||
20 | first offense
and $2,000 for a second or subsequent offense | ||||||
21 | upon a person convicted of or
placed on supervision for | ||||||
22 | battery when the individual harmed was a sports
official or | ||||||
23 | coach at any level of competition and the act causing harm to | ||||||
24 | the
sports
official or coach occurred within an athletic | ||||||
25 | facility or within the immediate vicinity
of the athletic | ||||||
26 | facility at which the sports official or coach was an active
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1 | participant
of the athletic contest held at the athletic | ||||||
2 | facility. For the purposes of
this paragraph (11), "sports | ||||||
3 | official" means a person at an athletic contest
who enforces | ||||||
4 | the rules of the contest, such as an umpire or referee; | ||||||
5 | "athletic facility" means an indoor or outdoor playing field | ||||||
6 | or recreational area where sports activities are conducted;
| ||||||
7 | and "coach" means a person recognized as a coach by the | ||||||
8 | sanctioning
authority that conducted the sporting event. | ||||||
9 | (12) A person may not receive a disposition of court | ||||||
10 | supervision for a
violation of Section 5-16 of the Boat | ||||||
11 | Registration and Safety Act if that
person has previously | ||||||
12 | received a disposition of court supervision for a
violation of | ||||||
13 | that Section.
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14 | (13) A person convicted of or placed on court supervision | ||||||
15 | for an assault or aggravated assault when the victim and the | ||||||
16 | offender are family or household members as defined in Section | ||||||
17 | 103 of the Illinois Domestic Violence Act of 1986 or convicted | ||||||
18 | of domestic battery or aggravated domestic battery may be | ||||||
19 | required to attend a Partner Abuse Intervention Program under | ||||||
20 | protocols set forth by the Illinois Department of Human | ||||||
21 | Services under such terms and conditions imposed by the court. | ||||||
22 | The costs of such classes shall be paid by the offender.
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23 | (d) In any case in which a sentence originally imposed is | ||||||
24 | vacated,
the case shall be remanded to the trial court. The | ||||||
25 | trial court shall
hold a hearing under Section 5-4-1 of this | ||||||
26 | Code
which may include evidence of the defendant's life, moral |
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1 | character and
occupation during the time since the original | ||||||
2 | sentence was passed. The
trial court shall then impose | ||||||
3 | sentence upon the defendant. The trial
court may impose any | ||||||
4 | sentence which could have been imposed at the
original trial | ||||||
5 | subject to Section 5-5-4 of this Code.
If a sentence is vacated | ||||||
6 | on appeal or on collateral attack due to the
failure of the | ||||||
7 | trier of fact at trial to determine beyond a reasonable doubt
| ||||||
8 | the
existence of a fact (other than a prior conviction) | ||||||
9 | necessary to increase the
punishment for the offense beyond | ||||||
10 | the statutory maximum otherwise applicable,
either the | ||||||
11 | defendant may be re-sentenced to a term within the range | ||||||
12 | otherwise
provided or, if the State files notice of its | ||||||
13 | intention to again seek the
extended sentence, the defendant | ||||||
14 | shall be afforded a new trial.
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15 | (e) In cases where prosecution for
aggravated criminal | ||||||
16 | sexual abuse under Section 11-1.60 or 12-16 of the
Criminal | ||||||
17 | Code of 1961 or the Criminal Code of 2012 results in conviction | ||||||
18 | of a defendant
who was a family member of the victim at the | ||||||
19 | time of the commission of the
offense, the court shall | ||||||
20 | consider the safety and welfare of the victim and
may impose a | ||||||
21 | sentence of probation only where:
| ||||||
22 | (1) the court finds (A) or (B) or both are | ||||||
23 | appropriate:
| ||||||
24 | (A) the defendant is willing to undergo a court | ||||||
25 | approved counseling
program for a minimum duration of | ||||||
26 | 2 years; or
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1 | (B) the defendant is willing to participate in a | ||||||
2 | court approved plan,
including, but not limited to, | ||||||
3 | the defendant's:
| ||||||
4 | (i) removal from the household;
| ||||||
5 | (ii) restricted contact with the victim;
| ||||||
6 | (iii) continued financial support of the | ||||||
7 | family;
| ||||||
8 | (iv) restitution for harm done to the victim; | ||||||
9 | and
| ||||||
10 | (v) compliance with any other measures that | ||||||
11 | the court may
deem appropriate; and
| ||||||
12 | (2) the court orders the defendant to pay for the | ||||||
13 | victim's counseling
services, to the extent that the court | ||||||
14 | finds, after considering the
defendant's income and | ||||||
15 | assets, that the defendant is financially capable of
| ||||||
16 | paying for such services, if the victim was under 18 years | ||||||
17 | of age at the
time the offense was committed and requires | ||||||
18 | counseling as a result of the
offense.
| ||||||
19 | Probation may be revoked or modified pursuant to Section | ||||||
20 | 5-6-4; except
where the court determines at the hearing that | ||||||
21 | the defendant violated a
condition of his or her probation | ||||||
22 | restricting contact with the victim or
other family members or | ||||||
23 | commits another offense with the victim or other
family | ||||||
24 | members, the court shall revoke the defendant's probation and
| ||||||
25 | impose a term of imprisonment.
| ||||||
26 | For the purposes of this Section, "family member" and |
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| |||||||
1 | "victim" shall have
the meanings ascribed to them in Section | ||||||
2 | 11-0.1 of the Criminal Code of
2012.
| ||||||
3 | (f) (Blank).
| ||||||
4 | (g) Whenever a defendant is convicted of an offense under | ||||||
5 | Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60,
11-14, | ||||||
6 | 11-14.3, 11-14.4 except for an offense that involves keeping a | ||||||
7 | place of juvenile prostitution, 11-15, 11-15.1, 11-16, 11-17, | ||||||
8 | 11-18, 11-18.1, 11-19, 11-19.1, 11-19.2,
12-13, 12-14, | ||||||
9 | 12-14.1, 12-15, or 12-16 of the Criminal Code of 1961 or the | ||||||
10 | Criminal Code of 2012,
the defendant shall undergo medical | ||||||
11 | testing to
determine whether the defendant has any sexually | ||||||
12 | transmissible disease,
including a test for infection with | ||||||
13 | human immunodeficiency virus (HIV) or
any other identified | ||||||
14 | causative agent of acquired immunodeficiency syndrome
(AIDS). | ||||||
15 | Any such medical test shall be performed only by appropriately
| ||||||
16 | licensed medical practitioners and may include an analysis of | ||||||
17 | any bodily
fluids as well as an examination of the defendant's | ||||||
18 | person.
Except as otherwise provided by law, the results of | ||||||
19 | such test shall be kept
strictly confidential by all medical | ||||||
20 | personnel involved in the testing and must
be personally | ||||||
21 | delivered in a sealed envelope to the judge of the court in | ||||||
22 | which
the conviction was entered for the judge's inspection in | ||||||
23 | camera. Acting in
accordance with the best interests of the | ||||||
24 | victim and the public, the judge
shall have the discretion to | ||||||
25 | determine to whom, if anyone, the results of the
testing may be | ||||||
26 | revealed. The court shall notify the defendant
of the test |
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| |||||||
1 | results. The court shall
also notify the victim if requested | ||||||
2 | by the victim, and if the victim is under
the age of 15 and if | ||||||
3 | requested by the victim's parents or legal guardian, the
court | ||||||
4 | shall notify the victim's parents or legal guardian of the | ||||||
5 | test
results.
The court shall provide information on the | ||||||
6 | availability of HIV testing
and counseling at Department of | ||||||
7 | Public Health facilities to all parties to
whom the results of | ||||||
8 | the testing are revealed and shall direct the State's
Attorney | ||||||
9 | to provide the information to the victim when possible.
The | ||||||
10 | court shall order that the cost of any such test
shall be paid | ||||||
11 | by the county and may be taxed as costs against the convicted
| ||||||
12 | defendant.
| ||||||
13 | (g-5) When an inmate is tested for an airborne | ||||||
14 | communicable disease, as
determined by the Illinois Department | ||||||
15 | of Public Health, including, but not
limited to, tuberculosis, | ||||||
16 | the results of the test shall be
personally delivered by the | ||||||
17 | warden or his or her designee in a sealed envelope
to the judge | ||||||
18 | of the court in which the inmate must appear for the judge's
| ||||||
19 | inspection in camera if requested by the judge. Acting in | ||||||
20 | accordance with the
best interests of those in the courtroom, | ||||||
21 | the judge shall have the discretion
to determine what if any | ||||||
22 | precautions need to be taken to prevent transmission
of the | ||||||
23 | disease in the courtroom.
| ||||||
24 | (h) Whenever a defendant is convicted of an offense under | ||||||
25 | Section 1 or 2
of the Hypodermic Syringes and Needles Act, the | ||||||
26 | defendant shall undergo
medical testing to determine whether |
| |||||||
| |||||||
1 | the defendant has been exposed to human
immunodeficiency virus | ||||||
2 | (HIV) or any other identified causative agent of
acquired | ||||||
3 | immunodeficiency syndrome (AIDS). Except as otherwise provided | ||||||
4 | by
law, the results of such test shall be kept strictly | ||||||
5 | confidential by all
medical personnel involved in the testing | ||||||
6 | and must be personally delivered in a
sealed envelope to the | ||||||
7 | judge of the court in which the conviction was entered
for the | ||||||
8 | judge's inspection in camera. Acting in accordance with the | ||||||
9 | best
interests of the public, the judge shall have the | ||||||
10 | discretion to determine to
whom, if anyone, the results of the | ||||||
11 | testing may be revealed. The court shall
notify the defendant | ||||||
12 | of a positive test showing an infection with the human
| ||||||
13 | immunodeficiency virus (HIV). The court shall provide | ||||||
14 | information on the
availability of HIV testing and counseling | ||||||
15 | at Department of Public Health
facilities to all parties to | ||||||
16 | whom the results of the testing are revealed and
shall direct | ||||||
17 | the State's Attorney to provide the information to the victim | ||||||
18 | when
possible. The court shall order that the cost of any
such | ||||||
19 | test shall be paid by the county and may be taxed as costs | ||||||
20 | against the
convicted defendant.
| ||||||
21 | (i) All fines and penalties imposed under this Section for | ||||||
22 | any violation
of Chapters 3, 4, 6, and 11 of the Illinois | ||||||
23 | Vehicle Code, or a similar
provision of a local ordinance, and | ||||||
24 | any violation
of the Child Passenger Protection Act, or a | ||||||
25 | similar provision of a local
ordinance, shall be collected and | ||||||
26 | disbursed by the circuit
clerk as provided under the Criminal |
| |||||||
| |||||||
1 | and Traffic Assessment Act.
| ||||||
2 | (j) In cases when prosecution for any violation of Section | ||||||
3 | 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-8,
11-9, | ||||||
4 | 11-11, 11-14, 11-14.3, 11-14.4, 11-15, 11-15.1, 11-16, 11-17, | ||||||
5 | 11-17.1, 11-18, 11-18.1,
11-19, 11-19.1, 11-19.2, 11-20.1, | ||||||
6 | 11-20.1B, 11-20.3, 11-21, 11-30, 11-40, 12-13, 12-14, 12-14.1, | ||||||
7 | 12-15, or
12-16 of the
Criminal Code of 1961 or the Criminal | ||||||
8 | Code of 2012, any violation of the Illinois Controlled | ||||||
9 | Substances Act,
any violation of the Cannabis Control Act, or | ||||||
10 | any violation of the Methamphetamine Control and Community | ||||||
11 | Protection Act results in conviction, a
disposition of court | ||||||
12 | supervision, or an order of probation granted under
Section 10 | ||||||
13 | of the Cannabis Control Act, Section 410 of the Illinois
| ||||||
14 | Controlled Substances Act, or Section 70 of the | ||||||
15 | Methamphetamine Control and Community Protection Act of a | ||||||
16 | defendant, the court shall determine whether the
defendant is | ||||||
17 | employed by a facility or center as defined under the Child | ||||||
18 | Care
Act of 1969, a public or private elementary or secondary | ||||||
19 | school, or otherwise
works with children under 18 years of age | ||||||
20 | on a daily basis. When a defendant
is so employed, the court | ||||||
21 | shall order the Clerk of the Court to send a copy of
the | ||||||
22 | judgment of conviction or order of supervision or probation to | ||||||
23 | the
defendant's employer by certified mail.
If the employer of | ||||||
24 | the defendant is a school, the Clerk of the Court shall
direct | ||||||
25 | the mailing of a copy of the judgment of conviction or order of
| ||||||
26 | supervision or probation to the appropriate regional |
| |||||||
| |||||||
1 | superintendent of schools.
The regional superintendent of | ||||||
2 | schools shall notify the State Board of
Education of any | ||||||
3 | notification under this subsection.
| ||||||
4 | (j-5) A defendant at least 17 years of age who is convicted | ||||||
5 | of a felony and
who has not been previously convicted of a | ||||||
6 | misdemeanor or felony and who is
sentenced to a term of | ||||||
7 | imprisonment in the Illinois Department of Corrections
shall | ||||||
8 | as a condition of his or her sentence be required by the court | ||||||
9 | to attend
educational courses designed to prepare the | ||||||
10 | defendant for a high school diploma
and to work toward a high | ||||||
11 | school diploma or to work toward passing high school | ||||||
12 | equivalency testing or to work toward
completing a vocational | ||||||
13 | training program offered by the Department of
Corrections. If | ||||||
14 | a defendant fails to complete the educational training
| ||||||
15 | required by his or her sentence during the term of | ||||||
16 | incarceration, the Prisoner
Review Board shall, as a condition | ||||||
17 | of mandatory supervised release, require the
defendant, at his | ||||||
18 | or her own expense, to pursue a course of study toward a high
| ||||||
19 | school diploma or passage of high school equivalency testing. | ||||||
20 | The Prisoner Review Board shall
revoke the mandatory | ||||||
21 | supervised release of a defendant who wilfully fails to
comply | ||||||
22 | with this subsection (j-5) upon his or her release from | ||||||
23 | confinement in a
penal institution while serving a mandatory | ||||||
24 | supervised release term; however,
the inability of the | ||||||
25 | defendant after making a good faith effort to obtain
financial | ||||||
26 | aid or pay for the educational training shall not be deemed a |
| |||||||
| |||||||
1 | wilful
failure to comply. The Prisoner Review Board shall | ||||||
2 | recommit the defendant
whose mandatory supervised release term | ||||||
3 | has been revoked under this subsection
(j-5) as provided in | ||||||
4 | Section 3-3-9. This subsection (j-5) does not apply to a
| ||||||
5 | defendant who has a high school diploma or has successfully | ||||||
6 | passed high school equivalency testing. This subsection (j-5) | ||||||
7 | does not apply to a defendant who is determined by
the court to | ||||||
8 | be a person with a developmental disability or otherwise | ||||||
9 | mentally incapable of
completing the educational or vocational | ||||||
10 | program.
| ||||||
11 | (k) (Blank).
| ||||||
12 | (l) (A) Except as provided
in paragraph (C) of subsection | ||||||
13 | (l), whenever a defendant,
who is not a citizen or national of | ||||||
14 | the United States, is convicted
of any felony or misdemeanor | ||||||
15 | offense, the court after sentencing the defendant
may, upon | ||||||
16 | motion of the State's Attorney, hold sentence in abeyance and | ||||||
17 | remand
the defendant to the custody of the Attorney General of
| ||||||
18 | the United States or his or her designated agent to be deported | ||||||
19 | when:
| ||||||
20 | (1) a final order of deportation has been issued | ||||||
21 | against the defendant
pursuant to proceedings under the | ||||||
22 | Immigration and Nationality Act, and
| ||||||
23 | (2) the deportation of the defendant would not | ||||||
24 | deprecate the seriousness
of the defendant's conduct and | ||||||
25 | would not be inconsistent with the ends of
justice.
| ||||||
26 | Otherwise, the defendant shall be sentenced as provided in |
| |||||||
| |||||||
1 | this Chapter V.
| ||||||
2 | (B) If the defendant has already been sentenced for a | ||||||
3 | felony or
misdemeanor
offense, or has been placed on probation | ||||||
4 | under Section 10 of the Cannabis
Control Act,
Section 410 of | ||||||
5 | the Illinois Controlled Substances Act, or Section 70 of the | ||||||
6 | Methamphetamine Control and Community Protection Act, the | ||||||
7 | court
may, upon motion of the State's Attorney to suspend the
| ||||||
8 | sentence imposed, commit the defendant to the custody of the | ||||||
9 | Attorney General
of the United States or his or her designated | ||||||
10 | agent when:
| ||||||
11 | (1) a final order of deportation has been issued | ||||||
12 | against the defendant
pursuant to proceedings under the | ||||||
13 | Immigration and Nationality Act, and
| ||||||
14 | (2) the deportation of the defendant would not | ||||||
15 | deprecate the seriousness
of the defendant's conduct and | ||||||
16 | would not be inconsistent with the ends of
justice.
| ||||||
17 | (C) This subsection (l) does not apply to offenders who | ||||||
18 | are subject to the
provisions of paragraph (2) of subsection | ||||||
19 | (a) of Section 3-6-3.
| ||||||
20 | (D) Upon motion of the State's Attorney, if a defendant | ||||||
21 | sentenced under
this Section returns to the jurisdiction of | ||||||
22 | the United States, the defendant
shall be recommitted to the | ||||||
23 | custody of the county from which he or she was
sentenced.
| ||||||
24 | Thereafter, the defendant shall be brought before the | ||||||
25 | sentencing court, which
may impose any sentence that was | ||||||
26 | available under Section 5-5-3 at the time of
initial |
| |||||||
| |||||||
1 | sentencing. In addition, the defendant shall not be eligible | ||||||
2 | for
additional earned sentence credit as provided under
| ||||||
3 | Section 3-6-3.
| ||||||
4 | (m) A person convicted of criminal defacement of property | ||||||
5 | under Section
21-1.3 of the Criminal Code of 1961 or the | ||||||
6 | Criminal Code of 2012, in which the property damage exceeds | ||||||
7 | $300
and the property damaged is a school building, shall be | ||||||
8 | ordered to perform
community service that may include cleanup, | ||||||
9 | removal, or painting over the
defacement.
| ||||||
10 | (n) The court may sentence a person convicted of a | ||||||
11 | violation of Section
12-19, 12-21, 16-1.3, or 17-56, or | ||||||
12 | subsection (a) or (b) of Section 12-4.4a, of the Criminal Code | ||||||
13 | of 1961 or the Criminal Code of 2012 (i) to an impact
| ||||||
14 | incarceration program if the person is otherwise eligible for | ||||||
15 | that program
under Section 5-8-1.1, (ii) to community service, | ||||||
16 | or (iii) if the person has a substance use disorder, as defined
| ||||||
17 | in the Substance Use Disorder Act, to a treatment program
| ||||||
18 | licensed under that Act. | ||||||
19 | (o) Whenever a person is convicted of a sex offense as | ||||||
20 | defined in Section 2 of the Sex Offender Registration Act, the | ||||||
21 | defendant's driver's license or permit shall be subject to | ||||||
22 | renewal on an annual basis in accordance with the provisions | ||||||
23 | of license renewal established by the Secretary of State.
| ||||||
24 | (Source: P.A. 101-81, eff. 7-12-19; 102-168, eff. 7-27-21; | ||||||
25 | 102-531, eff. 1-1-22; 102-813, eff. 5-13-22; 102-1030, eff. | ||||||
26 | 5-27-22.)
|