Bill Text: IL HB0320 | 2017-2018 | 100th 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 may not be imposed if the defendant is convicted of a Class 3 felony or higher violation of an offense involving the corruption of a public official when the offense consists of theft, fraud, extortion or a violation of the Official Misconduct or Public Contracts Article of the Criminal Code of 2012 and either: (1) the defendant was an elected official at the time of the offense, or (2) the offense involved more than $10,000 in money or property, based on either the value of any payments or the value of the item that was the object of the offense. Provides that this provision does not apply if the prosecutor certifies to the court at the time of sentencing that the defendant has provided substantial assistance in the case or another prosecution of substantial public importance.

Spectrum: Bipartisan Bill

Status: (Introduced) 2017-03-31 - Rule 19(a) / Re-referred to Rules Committee [HB0320 Detail]

Download: Illinois-2017-HB0320-Introduced.html


100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB0320

Introduced , by Rep. Scott Drury

SYNOPSIS AS INTRODUCED:
730 ILCS 5/5-5-3 from Ch. 38, par. 1005-5-3

Amends the Unified Code of Corrections. Provides that a period of probation, a term of periodic imprisonment, or conditional discharge may not be imposed if the defendant is convicted of a Class 3 felony or higher violation of an offense involving the corruption of a public official when the offense consists of theft, fraud, extortion or a violation of the Official Misconduct or Public Contracts Article of the Criminal Code of 2012 and either: (1) the defendant was an elected official at the time of the offense, or (2) the offense involved more than $10,000 in money or property, based on either the value of any payments or the value of the item that was the object of the offense. Provides that this provision does not apply if the prosecutor certifies to the court at the time of sentencing that the defendant has provided substantial assistance in the case or another prosecution of substantial public importance.
LRB100 04205 SLF 14211 b
CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

A BILL FOR

HB0320LRB100 04205 SLF 14211 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 Unified Code of Corrections is amended by
5changing Section 5-5-3 as follows:
6 (730 ILCS 5/5-5-3) (from Ch. 38, par. 1005-5-3)
7 Sec. 5-5-3. Disposition.
8 (a) (Blank).
9 (b) (Blank).
10 (c) (1) (Blank).
11 (2) A period of probation, a term of periodic imprisonment
12or conditional discharge shall not be imposed for the following
13offenses. The court shall sentence the offender to not less
14than the minimum term of imprisonment set forth in this Code
15for the following offenses, and may order a fine or restitution
16or both in conjunction with such term of imprisonment:
17 (A) First degree murder where the death penalty is not
18 imposed.
19 (B) Attempted first degree murder.
20 (C) A Class X felony.
21 (D) A violation of Section 401.1 or 407 of the Illinois
22 Controlled Substances Act, or a violation of subdivision
23 (c)(1.5) or (c)(2) of Section 401 of that Act which relates

HB0320- 2 -LRB100 04205 SLF 14211 b
1 to more than 5 grams of a substance containing cocaine,
2 fentanyl, or an analog thereof.
3 (D-5) A violation of subdivision (c)(1) of Section 401
4 of the Illinois Controlled Substances Act which relates to
5 3 or more grams of a substance containing heroin or an
6 analog thereof.
7 (E) A violation of Section 5.1 or 9 of the Cannabis
8 Control Act.
9 (F) A Class 2 or greater felony if the offender had
10 been convicted of a Class 2 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 2 or greater felony) classified as a Class
15 2 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 Alcoholism and Other Drug Abuse and Dependency
19 Act.
20 (F-5) A violation of Section 24-1, 24-1.1, or 24-1.6 of
21 the Criminal Code of 1961 or the Criminal Code of 2012 for
22 which imprisonment is prescribed in those Sections.
23 (G) Residential burglary, except as otherwise provided
24 in Section 40-10 of the Alcoholism and Other Drug Abuse and
25 Dependency Act.
26 (H) Criminal sexual assault.

HB0320- 3 -LRB100 04205 SLF 14211 b
1 (I) Aggravated battery of a senior citizen as described
2 in Section 12-4.6 or subdivision (a)(4) of Section 12-3.05
3 of the Criminal Code of 1961 or the Criminal Code of 2012.
4 (J) A forcible felony if the offense was related to the
5 activities of an organized gang.
6 Before July 1, 1994, for the purposes of this
7 paragraph, "organized gang" means an association of 5 or
8 more persons, with an established hierarchy, that
9 encourages members of the association to perpetrate crimes
10 or provides support to the members of the association who
11 do commit crimes.
12 Beginning July 1, 1994, for the purposes of this
13 paragraph, "organized gang" has the meaning ascribed to it
14 in Section 10 of the Illinois Streetgang Terrorism Omnibus
15 Prevention Act.
16 (K) Vehicular hijacking.
17 (L) A second or subsequent conviction for the offense
18 of hate crime when the underlying offense upon which the
19 hate crime is based is felony aggravated assault or felony
20 mob action.
21 (M) A second or subsequent conviction for the offense
22 of institutional vandalism if the damage to the property
23 exceeds $300.
24 (N) A Class 3 felony violation of paragraph (1) of
25 subsection (a) of Section 2 of the Firearm Owners
26 Identification Card Act.

HB0320- 4 -LRB100 04205 SLF 14211 b
1 (O) A violation of Section 12-6.1 or 12-6.5 of the
2 Criminal Code of 1961 or the Criminal Code of 2012.
3 (P) A violation of paragraph (1), (2), (3), (4), (5),
4 or (7) of subsection (a) of Section 11-20.1 of the Criminal
5 Code of 1961 or the Criminal Code of 2012.
6 (Q) A violation of subsection (b) or (b-5) of Section
7 20-1, Section 20-1.2, or Section 20-1.3 of the Criminal
8 Code of 1961 or the Criminal Code of 2012.
9 (R) A violation of Section 24-3A of the Criminal Code
10 of 1961 or the Criminal Code of 2012.
11 (S) (Blank).
12 (T) A second or subsequent violation of the
13 Methamphetamine Control and Community Protection Act.
14 (U) A second or subsequent violation of Section 6-303
15 of the Illinois Vehicle Code committed while his or her
16 driver's license, permit, or privilege was revoked because
17 of a violation of Section 9-3 of the Criminal Code of 1961
18 or the Criminal Code of 2012, relating to the offense of
19 reckless homicide, or a similar provision of a law of
20 another state.
21 (V) A violation of paragraph (4) of subsection (c) of
22 Section 11-20.1B or paragraph (4) of subsection (c) of
23 Section 11-20.3 of the Criminal Code of 1961, or paragraph
24 (6) of subsection (a) of Section 11-20.1 of the Criminal
25 Code of 2012 when the victim is under 13 years of age and
26 the defendant has previously been convicted under the laws

HB0320- 5 -LRB100 04205 SLF 14211 b
1 of this State or any other state of the offense of child
2 pornography, aggravated child pornography, aggravated
3 criminal sexual abuse, aggravated criminal sexual assault,
4 predatory criminal sexual assault of a child, or any of the
5 offenses formerly known as rape, deviate sexual assault,
6 indecent liberties with a child, or aggravated indecent
7 liberties with a child where the victim was under the age
8 of 18 years or an offense that is substantially equivalent
9 to those offenses.
10 (W) A violation of Section 24-3.5 of the Criminal Code
11 of 1961 or the Criminal Code of 2012.
12 (X) A violation of subsection (a) of Section 31-1a of
13 the Criminal Code of 1961 or the Criminal Code of 2012.
14 (Y) A conviction for unlawful possession of a firearm
15 by a street gang member when the firearm was loaded or
16 contained firearm ammunition.
17 (Z) A Class 1 felony committed while he or she was
18 serving a term of probation or conditional discharge for a
19 felony.
20 (AA) Theft of property exceeding $500,000 and not
21 exceeding $1,000,000 in value.
22 (BB) Laundering of criminally derived property of a
23 value exceeding $500,000.
24 (CC) Knowingly selling, offering for sale, holding for
25 sale, or using 2,000 or more counterfeit items or
26 counterfeit items having a retail value in the aggregate of

HB0320- 6 -LRB100 04205 SLF 14211 b
1 $500,000 or more.
2 (DD) A conviction for aggravated assault under
3 paragraph (6) of subsection (c) of Section 12-2 of the
4 Criminal Code of 1961 or the Criminal Code of 2012 if the
5 firearm is aimed toward the person against whom the firearm
6 is being used.
7 (EE) A conviction for a violation of paragraph (2) of
8 subsection (a) of Section 24-3B of the Criminal Code of
9 2012.
10 (FF) A Class 3 felony or higher violation of an offense
11 involving the corruption of a public official when the
12 offense consists of theft, fraud, extortion or a violation
13 of Article 33 or 33E of the Criminal Code of 2012 and
14 either: (1) the defendant was an elected official at the
15 time of the offense, or (2) the offense involved more than
16 $10,000 in money or property, based on either the value of
17 any payments or the value of the item that was the object
18 of the offense. However, if the prosecutor certifies to the
19 court at the time of sentencing that the defendant has
20 provided substantial assistance in the case or another
21 prosecution of substantial public importance, this
22 paragraph (FF) does not apply.
23 (3) (Blank).
24 (4) A minimum term of imprisonment of not less than 10
25consecutive days or 30 days of community service shall be
26imposed for a violation of paragraph (c) of Section 6-303 of

HB0320- 7 -LRB100 04205 SLF 14211 b
1the Illinois Vehicle Code.
2 (4.1) (Blank).
3 (4.2) Except as provided in paragraphs (4.3) and (4.8) of
4this subsection (c), a minimum of 100 hours of community
5service shall be imposed for a second violation of Section
66-303 of the Illinois Vehicle Code.
7 (4.3) A minimum term of imprisonment of 30 days or 300
8hours of community service, as determined by the court, shall
9be imposed for a second violation of subsection (c) of Section
106-303 of the Illinois Vehicle Code.
11 (4.4) Except as provided in paragraphs (4.5), (4.6), and
12(4.9) of this subsection (c), a minimum term of imprisonment of
1330 days or 300 hours of community service, as determined by the
14court, shall be imposed for a third or subsequent violation of
15Section 6-303 of the Illinois Vehicle Code.
16 (4.5) A minimum term of imprisonment of 30 days shall be
17imposed for a third violation of subsection (c) of Section
186-303 of the Illinois Vehicle Code.
19 (4.6) Except as provided in paragraph (4.10) of this
20subsection (c), a minimum term of imprisonment of 180 days
21shall be imposed for a fourth or subsequent violation of
22subsection (c) of Section 6-303 of the Illinois Vehicle Code.
23 (4.7) A minimum term of imprisonment of not less than 30
24consecutive days, or 300 hours of community service, shall be
25imposed for a violation of subsection (a-5) of Section 6-303 of
26the Illinois Vehicle Code, as provided in subsection (b-5) of

HB0320- 8 -LRB100 04205 SLF 14211 b
1that Section.
2 (4.8) A mandatory prison sentence shall be imposed for a
3second violation of subsection (a-5) of Section 6-303 of the
4Illinois Vehicle Code, as provided in subsection (c-5) of that
5Section. The person's driving privileges shall be revoked for a
6period of not less than 5 years from the date of his or her
7release from prison.
8 (4.9) A mandatory prison sentence of not less than 4 and
9not more than 15 years shall be imposed for a third violation
10of subsection (a-5) of Section 6-303 of the Illinois Vehicle
11Code, as provided in subsection (d-2.5) of that Section. The
12person's driving privileges shall be revoked for the remainder
13of his or her life.
14 (4.10) A mandatory prison sentence for a Class 1 felony
15shall be imposed, and the person shall be eligible for an
16extended term sentence, for a fourth or subsequent violation of
17subsection (a-5) of Section 6-303 of the Illinois Vehicle Code,
18as provided in subsection (d-3.5) of that Section. The person's
19driving privileges shall be revoked for the remainder of his or
20her life.
21 (5) The court may sentence a corporation or unincorporated
22association convicted of any offense to:
23 (A) a period of conditional discharge;
24 (B) a fine;
25 (C) make restitution to the victim under Section 5-5-6
26 of this Code.

HB0320- 9 -LRB100 04205 SLF 14211 b
1 (5.1) In addition to any other penalties imposed, and
2except as provided in paragraph (5.2) or (5.3), a person
3convicted of violating subsection (c) of Section 11-907 of the
4Illinois Vehicle Code shall have his or her driver's license,
5permit, or privileges suspended for at least 90 days but not
6more than one year, if the violation resulted in damage to the
7property of another person.
8 (5.2) In addition to any other penalties imposed, and
9except as provided in paragraph (5.3), a person convicted of
10violating subsection (c) of Section 11-907 of the Illinois
11Vehicle Code shall have his or her driver's license, permit, or
12privileges suspended for at least 180 days but not more than 2
13years, if the violation resulted in injury to another person.
14 (5.3) In addition to any other penalties imposed, a person
15convicted of violating subsection (c) of Section 11-907 of the
16Illinois Vehicle Code shall have his or her driver's license,
17permit, or privileges suspended for 2 years, if the violation
18resulted in the death of another person.
19 (5.4) In addition to any other penalties imposed, a person
20convicted of violating Section 3-707 of the Illinois Vehicle
21Code shall have his or her driver's license, permit, or
22privileges suspended for 3 months and until he or she has paid
23a reinstatement fee of $100.
24 (5.5) In addition to any other penalties imposed, a person
25convicted of violating Section 3-707 of the Illinois Vehicle
26Code during a period in which his or her driver's license,

HB0320- 10 -LRB100 04205 SLF 14211 b
1permit, or privileges were suspended for a previous violation
2of that Section shall have his or her driver's license, permit,
3or privileges suspended for an additional 6 months after the
4expiration of the original 3-month suspension and until he or
5she has paid a reinstatement fee of $100.
6 (6) (Blank).
7 (7) (Blank).
8 (8) (Blank).
9 (9) A defendant convicted of a second or subsequent offense
10of ritualized abuse of a child may be sentenced to a term of
11natural life imprisonment.
12 (10) (Blank).
13 (11) The court shall impose a minimum fine of $1,000 for a
14first offense and $2,000 for a second or subsequent offense
15upon a person convicted of or placed on supervision for battery
16when the individual harmed was a sports official or coach at
17any level of competition and the act causing harm to the sports
18official or coach occurred within an athletic facility or
19within the immediate vicinity of the athletic facility at which
20the sports official or coach was an active participant of the
21athletic contest held at the athletic facility. For the
22purposes of this paragraph (11), "sports official" means a
23person at an athletic contest who enforces the rules of the
24contest, such as an umpire or referee; "athletic facility"
25means an indoor or outdoor playing field or recreational area
26where sports activities are conducted; and "coach" means a

HB0320- 11 -LRB100 04205 SLF 14211 b
1person recognized as a coach by the sanctioning authority that
2conducted the sporting event.
3 (12) A person may not receive a disposition of court
4supervision for a violation of Section 5-16 of the Boat
5Registration and Safety Act if that person has previously
6received a disposition of court supervision for a violation of
7that Section.
8 (13) A person convicted of or placed on court supervision
9for an assault or aggravated assault when the victim and the
10offender are family or household members as defined in Section
11103 of the Illinois Domestic Violence Act of 1986 or convicted
12of domestic battery or aggravated domestic battery may be
13required to attend a Partner Abuse Intervention Program under
14protocols set forth by the Illinois Department of Human
15Services under such terms and conditions imposed by the court.
16The costs of such classes shall be paid by the offender.
17 (d) In any case in which a sentence originally imposed is
18vacated, the case shall be remanded to the trial court. The
19trial court shall hold a hearing under Section 5-4-1 of the
20Unified Code of Corrections which may include evidence of the
21defendant's life, moral character and occupation during the
22time since the original sentence was passed. The trial court
23shall then impose sentence upon the defendant. The trial court
24may impose any sentence which could have been imposed at the
25original trial subject to Section 5-5-4 of the Unified Code of
26Corrections. If a sentence is vacated on appeal or on

HB0320- 12 -LRB100 04205 SLF 14211 b
1collateral attack due to the failure of the trier of fact at
2trial to determine beyond a reasonable doubt the existence of a
3fact (other than a prior conviction) necessary to increase the
4punishment for the offense beyond the statutory maximum
5otherwise applicable, either the defendant may be re-sentenced
6to a term within the range otherwise provided or, if the State
7files notice of its intention to again seek the extended
8sentence, the defendant shall be afforded a new trial.
9 (e) In cases where prosecution for aggravated criminal
10sexual abuse under Section 11-1.60 or 12-16 of the Criminal
11Code of 1961 or the Criminal Code of 2012 results in conviction
12of a defendant who was a family member of the victim at the
13time of the commission of the offense, the court shall consider
14the safety and welfare of the victim and may impose a sentence
15of probation only where:
16 (1) the court finds (A) or (B) or both are appropriate:
17 (A) the defendant is willing to undergo a court
18 approved counseling program for a minimum duration of 2
19 years; or
20 (B) the defendant is willing to participate in a
21 court approved plan including but not limited to the
22 defendant's:
23 (i) removal from the household;
24 (ii) restricted contact with the victim;
25 (iii) continued financial support of the
26 family;

HB0320- 13 -LRB100 04205 SLF 14211 b
1 (iv) restitution for harm done to the victim;
2 and
3 (v) compliance with any other measures that
4 the court may deem appropriate; and
5 (2) the court orders the defendant to pay for the
6 victim's counseling services, to the extent that the court
7 finds, after considering the defendant's income and
8 assets, that the defendant is financially capable of paying
9 for such services, if the victim was under 18 years of age
10 at the time the offense was committed and requires
11 counseling as a result of the offense.
12 Probation may be revoked or modified pursuant to Section
135-6-4; except where the court determines at the hearing that
14the defendant violated a condition of his or her probation
15restricting contact with the victim or other family members or
16commits another offense with the victim or other family
17members, the court shall revoke the defendant's probation and
18impose a term of imprisonment.
19 For the purposes of this Section, "family member" and
20"victim" shall have the meanings ascribed to them in Section
2111-0.1 of the Criminal Code of 2012.
22 (f) (Blank).
23 (g) Whenever a defendant is convicted of an offense under
24Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-14,
2511-14.3, 11-14.4 except for an offense that involves keeping a
26place of juvenile prostitution, 11-15, 11-15.1, 11-16, 11-17,

HB0320- 14 -LRB100 04205 SLF 14211 b
111-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 12-13, 12-14,
212-14.1, 12-15 or 12-16 of the Criminal Code of 1961 or the
3Criminal Code of 2012, the defendant shall undergo medical
4testing to determine whether the defendant has any sexually
5transmissible disease, including a test for infection with
6human immunodeficiency virus (HIV) or any other identified
7causative agent of acquired immunodeficiency syndrome (AIDS).
8Any such medical test shall be performed only by appropriately
9licensed medical practitioners and may include an analysis of
10any bodily fluids as well as an examination of the defendant's
11person. Except as otherwise provided by law, the results of
12such test shall be kept strictly confidential by all medical
13personnel involved in the testing and must be personally
14delivered in a sealed envelope to the judge of the court in
15which the conviction was entered for the judge's inspection in
16camera. Acting in accordance with the best interests of the
17victim and the public, the judge shall have the discretion to
18determine to whom, if anyone, the results of the testing may be
19revealed. The court shall notify the defendant of the test
20results. The court shall also notify the victim if requested by
21the victim, and if the victim is under the age of 15 and if
22requested by the victim's parents or legal guardian, the court
23shall notify the victim's parents or legal guardian of the test
24results. The court shall provide information on the
25availability of HIV testing and counseling at Department of
26Public Health facilities to all parties to whom the results of

HB0320- 15 -LRB100 04205 SLF 14211 b
1the testing are revealed and shall direct the State's Attorney
2to provide the information to the victim when possible. A
3State's Attorney may petition the court to obtain the results
4of any HIV test administered under this Section, and the court
5shall grant the disclosure if the State's Attorney shows it is
6relevant in order to prosecute a charge of criminal
7transmission of HIV under Section 12-5.01 or 12-16.2 of the
8Criminal Code of 1961 or the Criminal Code of 2012 against the
9defendant. The court shall order that the cost of any such test
10shall be paid by the county and may be taxed as costs against
11the convicted defendant.
12 (g-5) When an inmate is tested for an airborne communicable
13disease, as determined by the Illinois Department of Public
14Health including but not limited to tuberculosis, the results
15of the test shall be personally delivered by the warden or his
16or her designee in a sealed envelope to the judge of the court
17in which the inmate must appear for the judge's inspection in
18camera if requested by the judge. Acting in accordance with the
19best interests of those in the courtroom, the judge shall have
20the discretion to determine what if any precautions need to be
21taken to prevent transmission of the disease in the courtroom.
22 (h) Whenever a defendant is convicted of an offense under
23Section 1 or 2 of the Hypodermic Syringes and Needles Act, the
24defendant shall undergo medical testing to determine whether
25the defendant has been exposed to human immunodeficiency virus
26(HIV) or any other identified causative agent of acquired

HB0320- 16 -LRB100 04205 SLF 14211 b
1immunodeficiency syndrome (AIDS). Except as otherwise provided
2by law, the results of such test shall be kept strictly
3confidential by all medical personnel involved in the testing
4and must be personally delivered in a sealed envelope to the
5judge of the court in which the conviction was entered for the
6judge's inspection in camera. Acting in accordance with the
7best interests of the public, the judge shall have the
8discretion to determine to whom, if anyone, the results of the
9testing may be revealed. The court shall notify the defendant
10of a positive test showing an infection with the human
11immunodeficiency virus (HIV). The court shall provide
12information on the availability of HIV testing and counseling
13at Department of Public Health facilities to all parties to
14whom the results of the testing are revealed and shall direct
15the State's Attorney to provide the information to the victim
16when possible. A State's Attorney may petition the court to
17obtain the results of any HIV test administered under this
18Section, and the court shall grant the disclosure if the
19State's Attorney shows it is relevant in order to prosecute a
20charge of criminal transmission of HIV under Section 12-5.01 or
2112-16.2 of the Criminal Code of 1961 or the Criminal Code of
222012 against the defendant. The court shall order that the cost
23of any such test shall be paid by the county and may be taxed as
24costs against the convicted defendant.
25 (i) All fines and penalties imposed under this Section for
26any violation of Chapters 3, 4, 6, and 11 of the Illinois

HB0320- 17 -LRB100 04205 SLF 14211 b
1Vehicle Code, or a similar provision of a local ordinance, and
2any violation of the Child Passenger Protection Act, or a
3similar provision of a local ordinance, shall be collected and
4disbursed by the circuit clerk as provided under Section 27.5
5of the Clerks of Courts Act.
6 (j) In cases when prosecution for any violation of Section
711-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-8, 11-9,
811-11, 11-14, 11-14.3, 11-14.4, 11-15, 11-15.1, 11-16, 11-17,
911-17.1, 11-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 11-20.1,
1011-20.1B, 11-20.3, 11-21, 11-30, 11-40, 12-13, 12-14, 12-14.1,
1112-15, or 12-16 of the Criminal Code of 1961 or the Criminal
12Code of 2012, any violation of the Illinois Controlled
13Substances Act, any violation of the Cannabis Control Act, or
14any violation of the Methamphetamine Control and Community
15Protection Act results in conviction, a disposition of court
16supervision, or an order of probation granted under Section 10
17of the Cannabis Control Act, Section 410 of the Illinois
18Controlled Substances Act, or Section 70 of the Methamphetamine
19Control and Community Protection Act of a defendant, the court
20shall determine whether the defendant is employed by a facility
21or center as defined under the Child Care Act of 1969, a public
22or private elementary or secondary school, or otherwise works
23with children under 18 years of age on a daily basis. When a
24defendant is so employed, the court shall order the Clerk of
25the Court to send a copy of the judgment of conviction or order
26of supervision or probation to the defendant's employer by

HB0320- 18 -LRB100 04205 SLF 14211 b
1certified mail. If the employer of the defendant is a school,
2the Clerk of the Court shall direct the mailing of a copy of
3the judgment of conviction or order of supervision or probation
4to the appropriate regional superintendent of schools. The
5regional superintendent of schools shall notify the State Board
6of Education of any notification under this subsection.
7 (j-5) A defendant at least 17 years of age who is convicted
8of a felony and who has not been previously convicted of a
9misdemeanor or felony and who is sentenced to a term of
10imprisonment in the Illinois Department of Corrections shall as
11a condition of his or her sentence be required by the court to
12attend educational courses designed to prepare the defendant
13for a high school diploma and to work toward a high school
14diploma or to work toward passing high school equivalency
15testing or to work toward completing a vocational training
16program offered by the Department of Corrections. If a
17defendant fails to complete the educational training required
18by his or her sentence during the term of incarceration, the
19Prisoner Review Board shall, as a condition of mandatory
20supervised release, require the defendant, at his or her own
21expense, to pursue a course of study toward a high school
22diploma or passage of high school equivalency testing. The
23Prisoner Review Board shall revoke the mandatory supervised
24release of a defendant who wilfully fails to comply with this
25subsection (j-5) upon his or her release from confinement in a
26penal institution while serving a mandatory supervised release

HB0320- 19 -LRB100 04205 SLF 14211 b
1term; however, the inability of the defendant after making a
2good faith effort to obtain financial aid or pay for the
3educational training shall not be deemed a wilful failure to
4comply. The Prisoner Review Board shall recommit the defendant
5whose mandatory supervised release term has been revoked under
6this subsection (j-5) as provided in Section 3-3-9. This
7subsection (j-5) does not apply to a defendant who has a high
8school diploma or has successfully passed high school
9equivalency testing. This subsection (j-5) does not apply to a
10defendant who is determined by the court to be a person with a
11developmental disability or otherwise mentally incapable of
12completing the educational or vocational program.
13 (k) (Blank).
14 (l) (A) Except as provided in paragraph (C) of subsection
15(l), whenever a defendant, who is an alien as defined by the
16Immigration and Nationality Act, is convicted of any felony or
17misdemeanor offense, the court after sentencing the defendant
18may, upon motion of the State's Attorney, hold sentence in
19abeyance and remand the defendant to the custody of the
20Attorney General of the United States or his or her designated
21agent to be deported when:
22 (1) a final order of deportation has been issued
23 against the defendant pursuant to proceedings under the
24 Immigration and Nationality Act, and
25 (2) the deportation of the defendant would not
26 deprecate the seriousness of the defendant's conduct and

HB0320- 20 -LRB100 04205 SLF 14211 b
1 would not be inconsistent with the ends of justice.
2 Otherwise, the defendant shall be sentenced as provided in
3this Chapter V.
4 (B) If the defendant has already been sentenced for a
5felony or misdemeanor offense, or has been placed on probation
6under Section 10 of the Cannabis Control Act, Section 410 of
7the Illinois Controlled Substances Act, or Section 70 of the
8Methamphetamine Control and Community Protection Act, the
9court may, upon motion of the State's Attorney to suspend the
10sentence imposed, commit the defendant to the custody of the
11Attorney General of the United States or his or her designated
12agent when:
13 (1) a final order of deportation has been issued
14 against the defendant pursuant to proceedings under the
15 Immigration and Nationality Act, and
16 (2) the deportation of the defendant would not
17 deprecate the seriousness of the defendant's conduct and
18 would not be inconsistent with the ends of justice.
19 (C) This subsection (l) does not apply to offenders who are
20subject to the provisions of paragraph (2) of subsection (a) of
21Section 3-6-3.
22 (D) Upon motion of the State's Attorney, if a defendant
23sentenced under this Section returns to the jurisdiction of the
24United States, the defendant shall be recommitted to the
25custody of the county from which he or she was sentenced.
26Thereafter, the defendant shall be brought before the

HB0320- 21 -LRB100 04205 SLF 14211 b
1sentencing court, which may impose any sentence that was
2available under Section 5-5-3 at the time of initial
3sentencing. In addition, the defendant shall not be eligible
4for additional sentence credit for good conduct as provided
5under Section 3-6-3.
6 (m) A person convicted of criminal defacement of property
7under Section 21-1.3 of the Criminal Code of 1961 or the
8Criminal Code of 2012, in which the property damage exceeds
9$300 and the property damaged is a school building, shall be
10ordered to perform community service that may include cleanup,
11removal, or painting over the defacement.
12 (n) The court may sentence a person convicted of a
13violation of Section 12-19, 12-21, 16-1.3, or 17-56, or
14subsection (a) or (b) of Section 12-4.4a, of the Criminal Code
15of 1961 or the Criminal Code of 2012 (i) to an impact
16incarceration program if the person is otherwise eligible for
17that program under Section 5-8-1.1, (ii) to community service,
18or (iii) if the person is an addict or alcoholic, as defined in
19the Alcoholism and Other Drug Abuse and Dependency Act, to a
20substance or alcohol abuse program licensed under that Act.
21 (o) Whenever a person is convicted of a sex offense as
22defined in Section 2 of the Sex Offender Registration Act, the
23defendant's driver's license or permit shall be subject to
24renewal on an annual basis in accordance with the provisions of
25license renewal established by the Secretary of State.
26(Source: P.A. 98-718, eff. 1-1-15; 98-756, eff. 7-16-14;

HB0320- 22 -LRB100 04205 SLF 14211 b
199-143, eff. 7-27-15; 99-885, eff. 8-23-16.)
feedback