Bill Text: IL HB0318 | 2017-2018 | 100th General Assembly | Introduced


Bill Title: Amends the Criminal Code of 2012 and the Unified Code of Corrections. Creates the offense of theft of public funds. Provides that a person commits the offense when he or she: (1) embezzles, steals, purloins, obtains by fraud, or knowingly converts to his or her use or the use of another, or without authority sells, conveys, or disposes of, any record, voucher, money, or thing of value of the State or any department or agency of the State, or of any unit of local government or school district, or any property made or being made under contract for the State or any department or agency of the State, or any unit of local government or school district; or (2) receives, conceals, or retains the record, voucher, money, thing of value, or property of the State or any department or agency of the State, or of any unit of local government or school district, or any property made or being made under contract for the State or any department or agency of the State, or any unit of local government or school district with intent to convert it to his or her use or gain, knowing it to have been embezzled, stolen, purloined, obtained by fraud, or converted. Establishes penalties based on the value of the property unlawfully obtained. Changes the statute concerning misapplication of funds. Includes embezzling, stealing, obtaining by fraud, or otherwise without authority knowingly converting to the use of any person other than the rightful owner or intentionally misapplying, property that is owned by, or is under the care, custody, or control of the State or of any agency of the State, a unit of local government, or school district.

Spectrum: Bipartisan Bill

Status: (Introduced) 2017-03-31 - Rule 19(a) / Re-referred to Rules Committee [HB0318 Detail]

Download: Illinois-2017-HB0318-Introduced.html


100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB0318

Introduced , by Rep. Scott Drury

SYNOPSIS AS INTRODUCED:
See Index

Amends the Criminal Code of 2012 and the Unified Code of Corrections. Creates the offense of theft of public funds. Provides that a person commits the offense when he or she: (1) embezzles, steals, purloins, obtains by fraud, or knowingly converts to his or her use or the use of another, or without authority sells, conveys, or disposes of, any record, voucher, money, or thing of value of the State or any department or agency of the State, or of any unit of local government or school district, or any property made or being made under contract for the State or any department or agency of the State, or any unit of local government or school district; or (2) receives, conceals, or retains the record, voucher, money, thing of value, or property of the State or any department or agency of the State, or of any unit of local government or school district, or any property made or being made under contract for the State or any department or agency of the State, or any unit of local government or school district with intent to convert it to his or her use or gain, knowing it to have been embezzled, stolen, purloined, obtained by fraud, or converted. Establishes penalties based on the value of the property unlawfully obtained. Changes the statute concerning misapplication of funds. Includes embezzling, stealing, obtaining by fraud, or otherwise without authority knowingly converting to the use of any person other than the rightful owner or intentionally misapplying, property that is owned by, or is under the care, custody, or control of the State or of any agency of the State, a unit of local government, or school district.
LRB100 04204 SLF 14210 b
CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

A BILL FOR

HB0318LRB100 04204 SLF 14210 b
1 AN ACT concerning criminal law.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The Criminal Code of 2012 is amended by changing
5Section 33E-16 and by adding Section 16-1.4 as follows:
6 (720 ILCS 5/16-1.4 new)
7 Sec. 16-1.4. Theft of public funds.
8 (a) A person commits theft of public funds when he or she:
9 (1) embezzles, steals, purloins, obtains by fraud, or
10 knowingly converts to his or her use or the use of another,
11 or without authority sells, conveys, or disposes of, any
12 record, voucher, money, or thing of value of this State or
13 any department or agency of this State, or of any unit of
14 local government or school district, or any property made
15 or being made under contract for this State or any
16 department or agency of this State, or any unit of local
17 government or school district; or
18 (2) receives, conceals, or retains the record,
19 voucher, money, thing of value, or property described in
20 paragraph (1) with intent to convert it to his or her use
21 or gain, knowing it to have been embezzled, stolen,
22 purloined, obtained by fraud, or converted.
23 (b) For the purposes of this Section, "value" means face,

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1par, or market value, or cost price, either wholesale or
2retail, whichever is greater.
3 (c) Sentence.
4 (1) Theft of public funds involving property not
5 exceeding $300 in value is a Class 4 felony.
6 (2) Theft of public funds involving property exceeding
7 $300 and not exceeding $10,000 in value, is a Class 2
8 felony.
9 (3) Theft of public funds involving property exceeding
10 $10,000 and not exceeding $100,000 in value is a Class 1
11 felony.
12 (4) Theft of public funds involving property exceeding
13 $100,000 and not exceeding $500,000 in value is a Class X
14 felony.
15 (5) Theft of public funds involving property exceeding
16 $500,000 in value is a Class 1 non-probationable felony.
17 (720 ILCS 5/33E-16)
18 Sec. 33E-16. Misapplication of funds.
19 (a) An officer, director, agent, or employee of, or
20affiliated in any capacity with this State or any agency of
21this State, or any unit of local government or school district
22commits misapplication of funds when he or she, embezzles,
23steals, obtains by fraud, or otherwise without authority
24knowingly converts to the use of any person other than the
25rightful owner or intentionally misapplies, property that is

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1owned by, or is under the care, custody, or control of this
2State or of any agency of this State, a unit of local
3government, or school district knowingly misapplies any of the
4moneys, funds, or credits of the unit of local government or
5school district.
6 (b) Sentence. Misapplication of funds is a Class 3 felony.
7(Source: P.A. 97-1108, eff. 1-1-13.)
8 Section 10. The Unified Code of Corrections is amended by
9changing Section 5-5-3 as follows:
10 (730 ILCS 5/5-5-3) (from Ch. 38, par. 1005-5-3)
11 Sec. 5-5-3. Disposition.
12 (a) (Blank).
13 (b) (Blank).
14 (c) (1) (Blank).
15 (2) A period of probation, a term of periodic imprisonment
16or conditional discharge shall not be imposed for the following
17offenses. The court shall sentence the offender to not less
18than the minimum term of imprisonment set forth in this Code
19for the following offenses, and may order a fine or restitution
20or both in conjunction with such term of imprisonment:
21 (A) First degree murder where the death penalty is not
22 imposed.
23 (B) Attempted first degree murder.
24 (C) A Class X felony.

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1 (D) A violation of Section 401.1 or 407 of the Illinois
2 Controlled Substances Act, or a violation of subdivision
3 (c)(1.5) or (c)(2) of Section 401 of that Act which relates
4 to more than 5 grams of a substance containing cocaine,
5 fentanyl, or an analog thereof.
6 (D-5) A violation of subdivision (c)(1) of Section 401
7 of the Illinois Controlled Substances Act which relates to
8 3 or more grams of a substance containing heroin or an
9 analog thereof.
10 (E) A violation of Section 5.1 or 9 of the Cannabis
11 Control Act.
12 (F) A Class 2 or greater felony if the offender had
13 been convicted of a Class 2 or greater felony, including
14 any state or federal conviction for an offense that
15 contained, at the time it was committed, the same elements
16 as an offense now (the date of the offense committed after
17 the prior Class 2 or greater felony) classified as a Class
18 2 or greater felony, within 10 years of the date on which
19 the offender committed the offense for which he or she is
20 being sentenced, except as otherwise provided in Section
21 40-10 of the Alcoholism and Other Drug Abuse and Dependency
22 Act.
23 (F-5) A violation of Section 24-1, 24-1.1, or 24-1.6 of
24 the Criminal Code of 1961 or the Criminal Code of 2012 for
25 which imprisonment is prescribed in those Sections.
26 (G) Residential burglary, except as otherwise provided

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1 in Section 40-10 of the Alcoholism and Other Drug Abuse and
2 Dependency Act.
3 (H) Criminal sexual assault.
4 (I) Aggravated battery of a senior citizen as described
5 in Section 12-4.6 or subdivision (a)(4) of Section 12-3.05
6 of the Criminal Code of 1961 or the Criminal Code of 2012.
7 (J) A forcible felony if the offense was related to the
8 activities of an organized gang.
9 Before July 1, 1994, for the purposes of this
10 paragraph, "organized gang" means an association of 5 or
11 more persons, with an established hierarchy, that
12 encourages members of the association to perpetrate crimes
13 or provides support to the members of the association who
14 do commit crimes.
15 Beginning July 1, 1994, for the purposes of this
16 paragraph, "organized gang" has the meaning ascribed to it
17 in Section 10 of the Illinois Streetgang Terrorism Omnibus
18 Prevention Act.
19 (K) Vehicular hijacking.
20 (L) A second or subsequent conviction for the offense
21 of hate crime when the underlying offense upon which the
22 hate crime is based is felony aggravated assault or felony
23 mob action.
24 (M) A second or subsequent conviction for the offense
25 of institutional vandalism if the damage to the property
26 exceeds $300.

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1 (N) A Class 3 felony violation of paragraph (1) of
2 subsection (a) of Section 2 of the Firearm Owners
3 Identification Card Act.
4 (O) A violation of Section 12-6.1 or 12-6.5 of the
5 Criminal Code of 1961 or the Criminal Code of 2012.
6 (P) A violation of paragraph (1), (2), (3), (4), (5),
7 or (7) of subsection (a) of Section 11-20.1 of the Criminal
8 Code of 1961 or the Criminal Code of 2012.
9 (Q) A violation of subsection (b) or (b-5) of Section
10 20-1, Section 20-1.2, or Section 20-1.3 of the Criminal
11 Code of 1961 or the Criminal Code of 2012.
12 (R) A violation of Section 24-3A of the Criminal Code
13 of 1961 or the Criminal Code of 2012.
14 (S) (Blank).
15 (T) A second or subsequent violation of the
16 Methamphetamine Control and Community Protection Act.
17 (U) A second or subsequent violation of Section 6-303
18 of the Illinois Vehicle Code committed while his or her
19 driver's license, permit, or privilege was revoked because
20 of a violation of Section 9-3 of the Criminal Code of 1961
21 or the Criminal Code of 2012, relating to the offense of
22 reckless homicide, or a similar provision of a law of
23 another state.
24 (V) A violation of paragraph (4) of subsection (c) of
25 Section 11-20.1B or paragraph (4) of subsection (c) of
26 Section 11-20.3 of the Criminal Code of 1961, or paragraph

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1 (6) of subsection (a) of Section 11-20.1 of the Criminal
2 Code of 2012 when the victim is under 13 years of age and
3 the defendant has previously been convicted under the laws
4 of this State or any other state of the offense of child
5 pornography, aggravated child pornography, aggravated
6 criminal sexual abuse, aggravated criminal sexual assault,
7 predatory criminal sexual assault of a child, or any of the
8 offenses formerly known as rape, deviate sexual assault,
9 indecent liberties with a child, or aggravated indecent
10 liberties with a child where the victim was under the age
11 of 18 years or an offense that is substantially equivalent
12 to those offenses.
13 (W) A violation of Section 24-3.5 of the Criminal Code
14 of 1961 or the Criminal Code of 2012.
15 (X) A violation of subsection (a) of Section 31-1a of
16 the Criminal Code of 1961 or the Criminal Code of 2012.
17 (Y) A conviction for unlawful possession of a firearm
18 by a street gang member when the firearm was loaded or
19 contained firearm ammunition.
20 (Z) A Class 1 felony committed while he or she was
21 serving a term of probation or conditional discharge for a
22 felony.
23 (AA) Theft of property exceeding $500,000 and not
24 exceeding $1,000,000 in value.
25 (BB) Laundering of criminally derived property of a
26 value exceeding $500,000.

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1 (CC) Knowingly selling, offering for sale, holding for
2 sale, or using 2,000 or more counterfeit items or
3 counterfeit items having a retail value in the aggregate of
4 $500,000 or more.
5 (DD) A conviction for aggravated assault under
6 paragraph (6) of subsection (c) of Section 12-2 of the
7 Criminal Code of 1961 or the Criminal Code of 2012 if the
8 firearm is aimed toward the person against whom the firearm
9 is being used.
10 (EE) A conviction for a violation of paragraph (2) of
11 subsection (a) of Section 24-3B of the Criminal Code of
12 2012.
13 (FF) Theft of public funds involving property
14 exceeding $500,000 in value.
15 (3) (Blank).
16 (4) A minimum term of imprisonment of not less than 10
17consecutive days or 30 days of community service shall be
18imposed for a violation of paragraph (c) of Section 6-303 of
19the Illinois Vehicle Code.
20 (4.1) (Blank).
21 (4.2) Except as provided in paragraphs (4.3) and (4.8) of
22this subsection (c), a minimum of 100 hours of community
23service shall be imposed for a second violation of Section
246-303 of the Illinois Vehicle Code.
25 (4.3) A minimum term of imprisonment of 30 days or 300
26hours of community service, as determined by the court, shall

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1be imposed for a second violation of subsection (c) of Section
26-303 of the Illinois Vehicle Code.
3 (4.4) Except as provided in paragraphs (4.5), (4.6), and
4(4.9) of this subsection (c), a minimum term of imprisonment of
530 days or 300 hours of community service, as determined by the
6court, shall be imposed for a third or subsequent violation of
7Section 6-303 of the Illinois Vehicle Code.
8 (4.5) A minimum term of imprisonment of 30 days shall be
9imposed for a third violation of subsection (c) of Section
106-303 of the Illinois Vehicle Code.
11 (4.6) Except as provided in paragraph (4.10) of this
12subsection (c), a minimum term of imprisonment of 180 days
13shall be imposed for a fourth or subsequent violation of
14subsection (c) of Section 6-303 of the Illinois Vehicle Code.
15 (4.7) A minimum term of imprisonment of not less than 30
16consecutive days, or 300 hours of community service, shall be
17imposed for a violation of subsection (a-5) of Section 6-303 of
18the Illinois Vehicle Code, as provided in subsection (b-5) of
19that Section.
20 (4.8) A mandatory prison sentence shall be imposed for a
21second violation of subsection (a-5) of Section 6-303 of the
22Illinois Vehicle Code, as provided in subsection (c-5) of that
23Section. The person's driving privileges shall be revoked for a
24period of not less than 5 years from the date of his or her
25release from prison.
26 (4.9) A mandatory prison sentence of not less than 4 and

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1not more than 15 years shall be imposed for a third violation
2of subsection (a-5) of Section 6-303 of the Illinois Vehicle
3Code, as provided in subsection (d-2.5) of that Section. The
4person's driving privileges shall be revoked for the remainder
5of his or her life.
6 (4.10) A mandatory prison sentence for a Class 1 felony
7shall be imposed, and the person shall be eligible for an
8extended term sentence, for a fourth or subsequent violation of
9subsection (a-5) of Section 6-303 of the Illinois Vehicle Code,
10as provided in subsection (d-3.5) of that Section. The person's
11driving privileges shall be revoked for the remainder of his or
12her life.
13 (5) The court may sentence a corporation or unincorporated
14association convicted of any offense to:
15 (A) a period of conditional discharge;
16 (B) a fine;
17 (C) make restitution to the victim under Section 5-5-6
18 of this Code.
19 (5.1) In addition to any other penalties imposed, and
20except as provided in paragraph (5.2) or (5.3), a person
21convicted of violating subsection (c) of Section 11-907 of the
22Illinois Vehicle Code shall have his or her driver's license,
23permit, or privileges suspended for at least 90 days but not
24more than one year, if the violation resulted in damage to the
25property of another person.
26 (5.2) In addition to any other penalties imposed, and

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1except as provided in paragraph (5.3), a person convicted of
2violating subsection (c) of Section 11-907 of the Illinois
3Vehicle Code shall have his or her driver's license, permit, or
4privileges suspended for at least 180 days but not more than 2
5years, if the violation resulted in injury to another person.
6 (5.3) In addition to any other penalties imposed, a person
7convicted of violating subsection (c) of Section 11-907 of the
8Illinois Vehicle Code shall have his or her driver's license,
9permit, or privileges suspended for 2 years, if the violation
10resulted in the death of another person.
11 (5.4) In addition to any other penalties imposed, a person
12convicted of violating Section 3-707 of the Illinois Vehicle
13Code shall have his or her driver's license, permit, or
14privileges suspended for 3 months and until he or she has paid
15a reinstatement fee of $100.
16 (5.5) In addition to any other penalties imposed, a person
17convicted of violating Section 3-707 of the Illinois Vehicle
18Code during a period in which his or her driver's license,
19permit, or privileges were suspended for a previous violation
20of that Section shall have his or her driver's license, permit,
21or privileges suspended for an additional 6 months after the
22expiration of the original 3-month suspension and until he or
23she has paid a reinstatement fee of $100.
24 (6) (Blank).
25 (7) (Blank).
26 (8) (Blank).

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1 (9) A defendant convicted of a second or subsequent offense
2of ritualized abuse of a child may be sentenced to a term of
3natural life imprisonment.
4 (10) (Blank).
5 (11) The court shall impose a minimum fine of $1,000 for a
6first offense and $2,000 for a second or subsequent offense
7upon a person convicted of or placed on supervision for battery
8when the individual harmed was a sports official or coach at
9any level of competition and the act causing harm to the sports
10official or coach occurred within an athletic facility or
11within the immediate vicinity of the athletic facility at which
12the sports official or coach was an active participant of the
13athletic contest held at the athletic facility. For the
14purposes of this paragraph (11), "sports official" means a
15person at an athletic contest who enforces the rules of the
16contest, such as an umpire or referee; "athletic facility"
17means an indoor or outdoor playing field or recreational area
18where sports activities are conducted; and "coach" means a
19person recognized as a coach by the sanctioning authority that
20conducted the sporting event.
21 (12) A person may not receive a disposition of court
22supervision for a violation of Section 5-16 of the Boat
23Registration and Safety Act if that person has previously
24received a disposition of court supervision for a violation of
25that Section.
26 (13) A person convicted of or placed on court supervision

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1for an assault or aggravated assault when the victim and the
2offender are family or household members as defined in Section
3103 of the Illinois Domestic Violence Act of 1986 or convicted
4of domestic battery or aggravated domestic battery may be
5required to attend a Partner Abuse Intervention Program under
6protocols set forth by the Illinois Department of Human
7Services under such terms and conditions imposed by the court.
8The costs of such classes shall be paid by the offender.
9 (d) In any case in which a sentence originally imposed is
10vacated, the case shall be remanded to the trial court. The
11trial court shall hold a hearing under Section 5-4-1 of the
12Unified Code of Corrections which may include evidence of the
13defendant's life, moral character and occupation during the
14time since the original sentence was passed. The trial court
15shall then impose sentence upon the defendant. The trial court
16may impose any sentence which could have been imposed at the
17original trial subject to Section 5-5-4 of the Unified Code of
18Corrections. If a sentence is vacated on appeal or on
19collateral attack due to the failure of the trier of fact at
20trial to determine beyond a reasonable doubt the existence of a
21fact (other than a prior conviction) necessary to increase the
22punishment for the offense beyond the statutory maximum
23otherwise applicable, either the defendant may be re-sentenced
24to a term within the range otherwise provided or, if the State
25files notice of its intention to again seek the extended
26sentence, the defendant shall be afforded a new trial.

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1 (e) In cases where prosecution for aggravated criminal
2sexual abuse under Section 11-1.60 or 12-16 of the Criminal
3Code of 1961 or the Criminal Code of 2012 results in conviction
4of a defendant who was a family member of the victim at the
5time of the commission of the offense, the court shall consider
6the safety and welfare of the victim and may impose a sentence
7of probation only where:
8 (1) the court finds (A) or (B) or both are appropriate:
9 (A) the defendant is willing to undergo a court
10 approved counseling program for a minimum duration of 2
11 years; or
12 (B) the defendant is willing to participate in a
13 court approved plan including but not limited to the
14 defendant's:
15 (i) removal from the household;
16 (ii) restricted contact with the victim;
17 (iii) continued financial support of the
18 family;
19 (iv) restitution for harm done to the victim;
20 and
21 (v) compliance with any other measures that
22 the court may deem appropriate; and
23 (2) the court orders the defendant to pay for the
24 victim's counseling services, to the extent that the court
25 finds, after considering the defendant's income and
26 assets, that the defendant is financially capable of paying

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1 for such services, if the victim was under 18 years of age
2 at the time the offense was committed and requires
3 counseling as a result of the offense.
4 Probation may be revoked or modified pursuant to Section
55-6-4; except where the court determines at the hearing that
6the defendant violated a condition of his or her probation
7restricting contact with the victim or other family members or
8commits another offense with the victim or other family
9members, the court shall revoke the defendant's probation and
10impose a term of imprisonment.
11 For the purposes of this Section, "family member" and
12"victim" shall have the meanings ascribed to them in Section
1311-0.1 of the Criminal Code of 2012.
14 (f) (Blank).
15 (g) Whenever a defendant is convicted of an offense under
16Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-14,
1711-14.3, 11-14.4 except for an offense that involves keeping a
18place of juvenile prostitution, 11-15, 11-15.1, 11-16, 11-17,
1911-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 12-13, 12-14,
2012-14.1, 12-15 or 12-16 of the Criminal Code of 1961 or the
21Criminal Code of 2012, the defendant shall undergo medical
22testing to determine whether the defendant has any sexually
23transmissible disease, including a test for infection with
24human immunodeficiency virus (HIV) or any other identified
25causative agent of acquired immunodeficiency syndrome (AIDS).
26Any such medical test shall be performed only by appropriately

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1licensed medical practitioners and may include an analysis of
2any bodily fluids as well as an examination of the defendant's
3person. Except as otherwise provided by law, the results of
4such test shall be kept strictly confidential by all medical
5personnel involved in the testing and must be personally
6delivered in a sealed envelope to the judge of the court in
7which the conviction was entered for the judge's inspection in
8camera. Acting in accordance with the best interests of the
9victim and the public, the judge shall have the discretion to
10determine to whom, if anyone, the results of the testing may be
11revealed. The court shall notify the defendant of the test
12results. The court shall also notify the victim if requested by
13the victim, and if the victim is under the age of 15 and if
14requested by the victim's parents or legal guardian, the court
15shall notify the victim's parents or legal guardian of the test
16results. The court shall provide information on the
17availability of HIV testing and counseling at Department of
18Public Health facilities to all parties to whom the results of
19the testing are revealed and shall direct the State's Attorney
20to provide the information to the victim when possible. A
21State's Attorney may petition the court to obtain the results
22of any HIV test administered under this Section, and the court
23shall grant the disclosure if the State's Attorney shows it is
24relevant in order to prosecute a charge of criminal
25transmission of HIV under Section 12-5.01 or 12-16.2 of the
26Criminal Code of 1961 or the Criminal Code of 2012 against the

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1defendant. The court shall order that the cost of any such test
2shall be paid by the county and may be taxed as costs against
3the convicted defendant.
4 (g-5) When an inmate is tested for an airborne communicable
5disease, as determined by the Illinois Department of Public
6Health including but not limited to tuberculosis, the results
7of the test shall be personally delivered by the warden or his
8or her designee in a sealed envelope to the judge of the court
9in which the inmate must appear for the judge's inspection in
10camera if requested by the judge. Acting in accordance with the
11best interests of those in the courtroom, the judge shall have
12the discretion to determine what if any precautions need to be
13taken to prevent transmission of the disease in the courtroom.
14 (h) Whenever a defendant is convicted of an offense under
15Section 1 or 2 of the Hypodermic Syringes and Needles Act, the
16defendant shall undergo medical testing to determine whether
17the defendant has been exposed to human immunodeficiency virus
18(HIV) or any other identified causative agent of acquired
19immunodeficiency syndrome (AIDS). Except as otherwise provided
20by law, the results of such test shall be kept strictly
21confidential by all medical personnel involved in the testing
22and must be personally delivered in a sealed envelope to the
23judge of the court in which the conviction was entered for the
24judge's inspection in camera. Acting in accordance with the
25best interests of the public, the judge shall have the
26discretion to determine to whom, if anyone, the results of the

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1testing may be revealed. The court shall notify the defendant
2of a positive test showing an infection with the human
3immunodeficiency virus (HIV). The court shall provide
4information on the availability of HIV testing and counseling
5at Department of Public Health facilities to all parties to
6whom the results of the testing are revealed and shall direct
7the State's Attorney to provide the information to the victim
8when possible. A State's Attorney may petition the court to
9obtain the results of any HIV test administered under this
10Section, and the court shall grant the disclosure if the
11State's Attorney shows it is relevant in order to prosecute a
12charge of criminal transmission of HIV under Section 12-5.01 or
1312-16.2 of the Criminal Code of 1961 or the Criminal Code of
142012 against the defendant. The court shall order that the cost
15of any such test shall be paid by the county and may be taxed as
16costs against the convicted defendant.
17 (i) All fines and penalties imposed under this Section for
18any violation of Chapters 3, 4, 6, and 11 of the Illinois
19Vehicle Code, or a similar provision of a local ordinance, and
20any violation of the Child Passenger Protection Act, or a
21similar provision of a local ordinance, shall be collected and
22disbursed by the circuit clerk as provided under Section 27.5
23of the Clerks of Courts Act.
24 (j) In cases when prosecution for any violation of Section
2511-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-8, 11-9,
2611-11, 11-14, 11-14.3, 11-14.4, 11-15, 11-15.1, 11-16, 11-17,

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111-17.1, 11-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 11-20.1,
211-20.1B, 11-20.3, 11-21, 11-30, 11-40, 12-13, 12-14, 12-14.1,
312-15, or 12-16 of the Criminal Code of 1961 or the Criminal
4Code of 2012, any violation of the Illinois Controlled
5Substances Act, any violation of the Cannabis Control Act, or
6any violation of the Methamphetamine Control and Community
7Protection Act results in conviction, a disposition of court
8supervision, or an order of probation granted under Section 10
9of the Cannabis Control Act, Section 410 of the Illinois
10Controlled Substances Act, or Section 70 of the Methamphetamine
11Control and Community Protection Act of a defendant, the court
12shall determine whether the defendant is employed by a facility
13or center as defined under the Child Care Act of 1969, a public
14or private elementary or secondary school, or otherwise works
15with children under 18 years of age on a daily basis. When a
16defendant is so employed, the court shall order the Clerk of
17the Court to send a copy of the judgment of conviction or order
18of supervision or probation to the defendant's employer by
19certified mail. If the employer of the defendant is a school,
20the Clerk of the Court shall direct the mailing of a copy of
21the judgment of conviction or order of supervision or probation
22to the appropriate regional superintendent of schools. The
23regional superintendent of schools shall notify the State Board
24of Education of any notification under this subsection.
25 (j-5) A defendant at least 17 years of age who is convicted
26of a felony and who has not been previously convicted of a

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1misdemeanor or felony and who is sentenced to a term of
2imprisonment in the Illinois Department of Corrections shall as
3a condition of his or her sentence be required by the court to
4attend educational courses designed to prepare the defendant
5for a high school diploma and to work toward a high school
6diploma or to work toward passing high school equivalency
7testing or to work toward completing a vocational training
8program offered by the Department of Corrections. If a
9defendant fails to complete the educational training required
10by his or her sentence during the term of incarceration, the
11Prisoner Review Board shall, as a condition of mandatory
12supervised release, require the defendant, at his or her own
13expense, to pursue a course of study toward a high school
14diploma or passage of high school equivalency testing. The
15Prisoner Review Board shall revoke the mandatory supervised
16release of a defendant who wilfully fails to comply with this
17subsection (j-5) upon his or her release from confinement in a
18penal institution while serving a mandatory supervised release
19term; however, the inability of the defendant after making a
20good faith effort to obtain financial aid or pay for the
21educational training shall not be deemed a wilful failure to
22comply. The Prisoner Review Board shall recommit the defendant
23whose mandatory supervised release term has been revoked under
24this subsection (j-5) as provided in Section 3-3-9. This
25subsection (j-5) does not apply to a defendant who has a high
26school diploma or has successfully passed high school

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1equivalency testing. This subsection (j-5) does not apply to a
2defendant who is determined by the court to be a person with a
3developmental disability or otherwise mentally incapable of
4completing the educational or vocational program.
5 (k) (Blank).
6 (l) (A) Except as provided in paragraph (C) of subsection
7(l), whenever a defendant, who is an alien as defined by the
8Immigration and Nationality Act, is convicted of any felony or
9misdemeanor offense, the court after sentencing the defendant
10may, upon motion of the State's Attorney, hold sentence in
11abeyance and remand the defendant to the custody of the
12Attorney General of the United States or his or her designated
13agent to be deported when:
14 (1) a final order of deportation has been issued
15 against the defendant pursuant to proceedings under the
16 Immigration and Nationality Act, and
17 (2) the deportation of the defendant would not
18 deprecate the seriousness of the defendant's conduct and
19 would not be inconsistent with the ends of justice.
20 Otherwise, the defendant shall be sentenced as provided in
21this Chapter V.
22 (B) If the defendant has already been sentenced for a
23felony or misdemeanor offense, or has been placed on probation
24under Section 10 of the Cannabis Control Act, Section 410 of
25the Illinois Controlled Substances Act, or Section 70 of the
26Methamphetamine Control and Community Protection Act, the

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1court may, upon motion of the State's Attorney to suspend the
2sentence imposed, commit the defendant to the custody of the
3Attorney General of the United States or his or her designated
4agent when:
5 (1) a final order of deportation has been issued
6 against the defendant pursuant to proceedings under the
7 Immigration and Nationality Act, and
8 (2) the deportation of the defendant would not
9 deprecate the seriousness of the defendant's conduct and
10 would not be inconsistent with the ends of justice.
11 (C) This subsection (l) does not apply to offenders who are
12subject to the provisions of paragraph (2) of subsection (a) of
13Section 3-6-3.
14 (D) Upon motion of the State's Attorney, if a defendant
15sentenced under this Section returns to the jurisdiction of the
16United States, the defendant shall be recommitted to the
17custody of the county from which he or she was sentenced.
18Thereafter, the defendant shall be brought before the
19sentencing court, which may impose any sentence that was
20available under Section 5-5-3 at the time of initial
21sentencing. In addition, the defendant shall not be eligible
22for additional sentence credit for good conduct as provided
23under Section 3-6-3.
24 (m) A person convicted of criminal defacement of property
25under Section 21-1.3 of the Criminal Code of 1961 or the
26Criminal Code of 2012, in which the property damage exceeds

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1$300 and the property damaged is a school building, shall be
2ordered to perform community service that may include cleanup,
3removal, or painting over the defacement.
4 (n) The court may sentence a person convicted of a
5violation of Section 12-19, 12-21, 16-1.3, or 17-56, or
6subsection (a) or (b) of Section 12-4.4a, of the Criminal Code
7of 1961 or the Criminal Code of 2012 (i) to an impact
8incarceration program if the person is otherwise eligible for
9that program under Section 5-8-1.1, (ii) to community service,
10or (iii) if the person is an addict or alcoholic, as defined in
11the Alcoholism and Other Drug Abuse and Dependency Act, to a
12substance or alcohol abuse program licensed under that Act.
13 (o) Whenever a person is convicted of a sex offense as
14defined in Section 2 of the Sex Offender Registration Act, the
15defendant's driver's license or permit shall be subject to
16renewal on an annual basis in accordance with the provisions of
17license renewal established by the Secretary of State.
18(Source: P.A. 98-718, eff. 1-1-15; 98-756, eff. 7-16-14;
1999-143, eff. 7-27-15; 99-885, eff. 8-23-16.)

HB0318- 24 -LRB100 04204 SLF 14210 b
1 INDEX
2 Statutes amended in order of appearance