Bill Text: IL HB2046 | 2011-2012 | 97th General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Amends the Illinois Controlled Substances Act. Provides that the knowing manufacture or delivery of, or possession with intent to manufacture or deliver, heroin is a Class X felony with respect to 3 grams (rather than 15 grams) or more of heroin. Amends the Unified Code of Corrections. Provides that the offense is non-probationable if the amount of the heroin is 3 (rather than over 5) grams or more.

Spectrum: Moderate Partisan Bill (Republican 6-1)

Status: (Failed) 2013-01-08 - Session Sine Die [HB2046 Detail]

Download: Illinois-2011-HB2046-Introduced.html

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97TH GENERAL ASSEMBLY State of Illinois 2011 and 2012 HB2046 Introduced , by Rep. Dennis M. Reboletti SYNOPSIS AS INTRODUCED:
720 ILCS 570/401 from Ch. 56 1/2, par. 1401
730 ILCS 5/5-5-3 from Ch. 38, par. 1005-5-3
Amends the Illinois Controlled Substances Act. Provides that the knowing manufacture or delivery of, or possession with intent to manufacture or deliver, heroin is a Class X felony with respect to 3 grams (rather than 15 grams) or more of heroin. Amends the Unified Code of Corrections. Provides that the offense is non-probationable if the amount of the heroin is 3 (rather than over 5) grams or more.
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CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY
A BILL FOR
HB2046 LRB097 05041 RLC 45081 b
AN ACT concerning criminal law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Controlled Substances Act is
amended by changing Section 401 as follows:
(720 ILCS 570/401) (from Ch. 56 1/2, par. 1401)
Sec. 401. Except as authorized by this Act, it is unlawful
for any person knowingly to manufacture or deliver, or possess
with intent to manufacture or deliver, a controlled substance
other than methamphetamine, a counterfeit substance, or a
controlled substance analog. A violation of this Act with
respect to each of the controlled substances listed herein
constitutes a single and separate violation of this Act. For
purposes of this Section, "controlled substance analog" or
"analog" means a substance which is intended for human
consumption, other than a controlled substance, that has a
chemical structure substantially similar to that of a
controlled substance in Schedule I or II, or that was
specifically designed to produce an effect substantially
similar to that of a controlled substance in Schedule I or II.
Examples of chemical classes in which controlled substance
analogs are found include, but are not limited to, the
following: phenethylamines, N-substituted piperidines,

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morphinans, ecgonines, quinazolinones, substituted indoles,
and arylcycloalkylamines. For purposes of this Act, a
controlled substance analog shall be treated in the same manner
as the controlled substance to which it is substantially
similar.
(a) Any person who violates this Section with respect to
the following amounts of controlled or counterfeit substances
or controlled substance analogs, notwithstanding any of the
provisions of subsections (c), (d), (e), (f), (g) or (h) to the
contrary, is guilty of a Class X felony and shall be sentenced
to a term of imprisonment as provided in this subsection (a)
and fined as provided in subsection (b):
(1) (A) not less than 6 years and not more than 30
years with respect to 3 15 grams or more but less than
100 grams of a substance containing heroin, or an
analog thereof;
(B) not less than 9 years and not more than 40
years with respect to 100 grams or more but less than
400 grams of a substance containing heroin, or an
analog thereof;
(C) not less than 12 years and not more than 50
years with respect to 400 grams or more but less than
900 grams of a substance containing heroin, or an
analog thereof;
(D) not less than 15 years and not more than 60
years with respect to 900 grams or more of any

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

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900 grams of a substance containing cocaine, or an
analog thereof;
(D) not less than 15 years and not more than 60
years with respect to 900 grams or more of any
substance containing cocaine, or an analog thereof;
(3) (A) not less than 6 years and not more than 30
years with respect to 15 grams or more but less than
100 grams of a substance containing morphine, or an
analog thereof;
(B) not less than 9 years and not more than 40
years with respect to 100 grams or more but less than
400 grams of a substance containing morphine, or an
analog thereof;
(C) not less than 12 years and not more than 50
years with respect to 400 grams or more but less than
900 grams of a substance containing morphine, or an
analog thereof;
(D) not less than 15 years and not more than 60
years with respect to 900 grams or more of a substance
containing morphine, or an analog thereof;
(4) 200 grams or more of any substance containing
peyote, or an analog thereof;
(5) 200 grams or more of any substance containing a
derivative of barbituric acid or any of the salts of a
derivative of barbituric acid, or an analog thereof;
(6) 200 grams or more of any substance containing

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amphetamine or any salt of an optical isomer of
amphetamine, or an analog thereof;
(6.5) (blank);
(6.6) (blank);
(7) (A) not less than 6 years and not more than 30
years with respect to: (i) 15 grams or more but less
than 100 grams of a substance containing lysergic acid
diethylamide (LSD), or an analog thereof, or (ii) 15 or
more objects or 15 or more segregated parts of an
object or objects but less than 200 objects or 200
segregated parts of an object or objects containing in
them or having upon them any amounts of any substance
containing lysergic acid diethylamide (LSD), or an
analog thereof;
(B) not less than 9 years and not more than 40
years with respect to: (i) 100 grams or more but less
than 400 grams of a substance containing lysergic acid
diethylamide (LSD), or an analog thereof, or (ii) 200
or more objects or 200 or more segregated parts of an
object or objects but less than 600 objects or less
than 600 segregated parts of an object or objects
containing in them or having upon them any amount of
any substance containing lysergic acid diethylamide
(LSD), or an analog thereof;
(C) not less than 12 years and not more than 50
years with respect to: (i) 400 grams or more but less

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than 900 grams of a substance containing lysergic acid
diethylamide (LSD), or an analog thereof, or (ii) 600
or more objects or 600 or more segregated parts of an
object or objects but less than 1500 objects or 1500
segregated parts of an object or objects containing in
them or having upon them any amount of any substance
containing lysergic acid diethylamide (LSD), or an
analog thereof;
(D) not less than 15 years and not more than 60
years with respect to: (i) 900 grams or more of any
substance containing lysergic acid diethylamide (LSD),
or an analog thereof, or (ii) 1500 or more objects or
1500 or more segregated parts of an object or objects
containing in them or having upon them any amount of a
substance containing lysergic acid diethylamide (LSD),
or an analog thereof;
(7.5) (A) not less than 6 years and not more than 30
years with respect to: (i) 15 grams or more but less
than 100 grams of a substance listed in paragraph (1),
(2), (2.1), (2.2), (3), (14.1), (19), (20), (20.1),
(21), (25), or (26) of subsection (d) of Section 204,
or an analog or derivative thereof, or (ii) 15 or more
pills, tablets, caplets, capsules, or objects but less
than 200 pills, tablets, caplets, capsules, or objects
containing in them or having upon them any amounts of
any substance listed in paragraph (1), (2), (2.1),

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(2.2), (3), (14.1), (19), (20), (20.1), (21), (25), or
(26) of subsection (d) of Section 204, or an analog or
derivative thereof;
(B) not less than 9 years and not more than 40
years with respect to: (i) 100 grams or more but less
than 400 grams of a substance listed in paragraph (1),
(2), (2.1), (2.2), (3), (14.1), (19), (20), (20.1),
(21), (25), or (26) of subsection (d) of Section 204,
or an analog or derivative thereof, or (ii) 200 or more
pills, tablets, caplets, capsules, or objects but less
than 600 pills, tablets, caplets, capsules, or objects
containing in them or having upon them any amount of
any substance listed in paragraph (1), (2), (2.1),
(2.2), (3), (14.1), (19), (20), (20.1), (21), (25), or
(26) of subsection (d) of Section 204, or an analog or
derivative thereof;
(C) not less than 12 years and not more than 50
years with respect to: (i) 400 grams or more but less
than 900 grams of a substance listed in paragraph (1),
(2), (2.1), (2.2), (3), (14.1), (19), (20), (20.1),
(21), (25), or (26) of subsection (d) of Section 204,
or an analog or derivative thereof, or (ii) 600 or more
pills, tablets, caplets, capsules, or objects but less
than 1,500 pills, tablets, caplets, capsules, or
objects containing in them or having upon them any
amount of any substance listed in paragraph (1), (2),

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(2.1), (2.2), (3), (14.1), (19), (20), (20.1), (21),
(25), or (26) of subsection (d) of Section 204, or an
analog or derivative thereof;
(D) not less than 15 years and not more than 60
years with respect to: (i) 900 grams or more of any
substance listed in paragraph (1), (2), (2.1), (2.2),
(3), (14.1), (19), (20), (20.1), (21), (25), or (26) of
subsection (d) of Section 204, or an analog or
derivative thereof, or (ii) 1,500 or more pills,
tablets, caplets, capsules, or objects containing in
them or having upon them any amount of a substance
listed in paragraph (1), (2), (2.1), (2.2), (3),
(14.1), (19), (20), (20.1), (21), (25), or (26) of
subsection (d) of Section 204, or an analog or
derivative thereof;
(8) 30 grams or more of any substance containing
pentazocine or any of the salts, isomers and salts of
isomers of pentazocine, or an analog thereof;
(9) 30 grams or more of any substance containing
methaqualone or any of the salts, isomers and salts of
isomers of methaqualone, or an analog thereof;
(10) 30 grams or more of any substance containing
phencyclidine or any of the salts, isomers and salts of
isomers of phencyclidine (PCP), or an analog thereof;
(10.5) 30 grams or more of any substance containing
ketamine or any of the salts, isomers and salts of isomers

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of ketamine, or an analog thereof;
(11) 200 grams or more of any substance containing any
other controlled substance classified in Schedules I or II,
or an analog thereof, which is not otherwise included in
this subsection.
(b) Any person sentenced with respect to violations of
paragraph (1), (2), (3), (7), or (7.5) of subsection (a)
involving 100 grams or more of the controlled substance named
therein, may in addition to the penalties provided therein, be
fined an amount not more than $500,000 or the full street value
of the controlled or counterfeit substance or controlled
substance analog, whichever is greater. The term "street value"
shall have the meaning ascribed in Section 110-5 of the Code of
Criminal Procedure of 1963. Any person sentenced with respect
to any other provision of subsection (a), may in addition to
the penalties provided therein, be fined an amount not to
exceed $500,000.
(b-1) Excluding violations of this Act when the controlled
substance is fentanyl, any person sentenced to a term of
imprisonment with respect to violations of Section 401, 401.1,
405, 405.1, 405.2, or 407, when the substance containing the
controlled substance contains any amount of fentanyl, 3 years
shall be added to the term of imprisonment imposed by the
court, and the maximum sentence for the offense shall be
increased by 3 years.
(c) Any person who violates this Section with regard to the

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following amounts of controlled or counterfeit substances or
controlled substance analogs, notwithstanding any of the
provisions of subsections (a), (b), (d), (e), (f), (g) or (h)
to the contrary, is guilty of a Class 1 felony. The fine for
violation of this subsection (c) shall not be more than
$250,000:
(1) 1 gram or more but less than 3 15 grams of any
substance containing heroin, or an analog thereof;
(1.5) 1 gram or more but less than 15 grams of any
substance containing fentanyl, or an analog thereof;
(2) 1 gram or more but less than 15 grams of any
substance containing cocaine, or an analog thereof;
(3) 10 grams or more but less than 15 grams of any
substance containing morphine, or an analog thereof;
(4) 50 grams or more but less than 200 grams of any
substance containing peyote, or an analog thereof;
(5) 50 grams or more but less than 200 grams of any
substance containing a derivative of barbituric acid or any
of the salts of a derivative of barbituric acid, or an
analog thereof;
(6) 50 grams or more but less than 200 grams of any
substance containing amphetamine or any salt of an optical
isomer of amphetamine, or an analog thereof;
(6.5) (blank);
(7) (i) 5 grams or more but less than 15 grams of any
substance containing lysergic acid diethylamide (LSD), or

HB2046 - 11 - LRB097 05041 RLC 45081 b
an analog thereof, or (ii) more than 10 objects or more
than 10 segregated parts of an object or objects but less
than 15 objects or less than 15 segregated parts of an
object containing in them or having upon them any amount of
any substance containing lysergic acid diethylamide (LSD),
or an analog thereof;
(7.5) (i) 5 grams or more but less than 15 grams of any
substance listed in paragraph (1), (2), (2.1), (2.2), (3),
(14.1), (19), (20), (20.1), (21), (25), or (26) of
subsection (d) of Section 204, or an analog or derivative
thereof, or (ii) more than 10 pills, tablets, caplets,
capsules, or objects but less than 15 pills, tablets,
caplets, capsules, or objects containing in them or having
upon them any amount of any substance listed in paragraph
(1), (2), (2.1), (2.2), (3), (14.1), (19), (20), (20.1),
(21), (25), or (26) of subsection (d) of Section 204, or an
analog or derivative thereof;
(8) 10 grams or more but less than 30 grams of any
substance containing pentazocine or any of the salts,
isomers and salts of isomers of pentazocine, or an analog
thereof;
(9) 10 grams or more but less than 30 grams of any
substance containing methaqualone or any of the salts,
isomers and salts of isomers of methaqualone, or an analog
thereof;
(10) 10 grams or more but less than 30 grams of any

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substance containing phencyclidine or any of the salts,
isomers and salts of isomers of phencyclidine (PCP), or an
analog thereof;
(10.5) 10 grams or more but less than 30 grams of any
substance containing ketamine or any of the salts, isomers
and salts of isomers of ketamine, or an analog thereof;
(11) 50 grams or more but less than 200 grams of any
substance containing a substance classified in Schedules I
or II, or an analog thereof, which is not otherwise
included in this subsection.
(c-5) (Blank).
(d) Any person who violates this Section with regard to any
other amount of a controlled or counterfeit substance
classified in Schedules I or II, or an analog thereof, which is
(i) a narcotic drug, (ii) lysergic acid diethylamide (LSD) or
an analog thereof, (iii) any substance containing amphetamine
or fentanyl or any salt or optical isomer of amphetamine or
fentanyl, or an analog thereof, or (iv) any substance
containing N-Benzylpiperazine (BZP) or any salt or optical
isomer of N-Benzylpiperazine (BZP), or an analog thereof, is
guilty of a Class 2 felony. The fine for violation of this
subsection (d) shall not be more than $200,000.
(d-5) (Blank).
(e) Any person who violates this Section with regard to any
other amount of a controlled substance other than
methamphetamine or counterfeit substance classified in

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Schedule I or II, or an analog thereof, which substance is not
included under subsection (d) of this Section, is guilty of a
Class 3 felony. The fine for violation of this subsection (e)
shall not be more than $150,000.
(f) Any person who violates this Section with regard to any
other amount of a controlled or counterfeit substance
classified in Schedule III is guilty of a Class 3 felony. The
fine for violation of this subsection (f) shall not be more
than $125,000.
(g) Any person who violates this Section with regard to any
other amount of a controlled or counterfeit substance
classified in Schedule IV is guilty of a Class 3 felony. The
fine for violation of this subsection (g) shall not be more
than $100,000.
(h) Any person who violates this Section with regard to any
other amount of a controlled or counterfeit substance
classified in Schedule V is guilty of a Class 3 felony. The
fine for violation of this subsection (h) shall not be more
than $75,000.
(i) This Section does not apply to the manufacture,
possession or distribution of a substance in conformance with
the provisions of an approved new drug application or an
exemption for investigational use within the meaning of Section
505 of the Federal Food, Drug and Cosmetic Act.
(j) (Blank).
(Source: P.A. 95-259, eff. 8-17-07; 96-347, eff. 1-1-10.)

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Section 10. The Unified Code of Corrections is amended by
changing Section 5-5-3 as follows:
(730 ILCS 5/5-5-3) (from Ch. 38, par. 1005-5-3)
Sec. 5-5-3. Disposition.
(a) (Blank).
(b) (Blank).
(c) (1) (Blank).
(2) A period of probation, a term of periodic
imprisonment or conditional discharge shall not be imposed
for the following offenses. The court shall sentence the
offender to not less than the minimum term of imprisonment
set forth in this Code for the following offenses, and may
order a fine or restitution or both in conjunction with
such term of imprisonment:
(A) First degree murder where the death penalty is
not imposed.
(B) Attempted first degree murder.
(C) A Class X felony.
(D) A violation of Section 401.1 or 407 of the
Illinois Controlled Substances Act, or a violation of
subdivision (c)(1), (c)(1.5), or (c)(2) of Section 401
of that Act which relates to more than 5 grams of a
substance containing heroin, cocaine, fentanyl, or an
analog thereof.

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(D-5) A violation of subdivision (c)(1) of Section
401 of the Illinois Controlled Substances Act which
relates to 3 or more grams of a substance containing
heroin or an analog thereof.
(E) A violation of Section 5.1 or 9 of the Cannabis
Control Act.
(F) A Class 2 or greater felony if the offender had
been convicted of a Class 2 or greater felony,
including any state or federal conviction for an
offense that contained, at the time it was committed,
the same elements as an offense now (the date of the
offense committed after the prior Class 2 or greater
felony) classified as a Class 2 or greater felony,
within 10 years of the date on which the offender
committed the offense for which he or she is being
sentenced, except as otherwise provided in Section
40-10 of the Alcoholism and Other Drug Abuse and
Dependency Act.
(F-5) A violation of Section 24-1, 24-1.1, or
24-1.6 of the Criminal Code of 1961 for which
imprisonment is prescribed in those Sections.
(G) Residential burglary, except as otherwise
provided in Section 40-10 of the Alcoholism and Other
Drug Abuse and Dependency Act.
(H) Criminal sexual assault.
(I) Aggravated battery of a senior citizen.

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(J) A forcible felony if the offense was related to
the activities of an organized gang.
Before July 1, 1994, for the purposes of this
paragraph, "organized gang" means an association of 5
or more persons, with an established hierarchy, that
encourages members of the association to perpetrate
crimes or provides support to the members of the
association who do commit crimes.
Beginning July 1, 1994, for the purposes of this
paragraph, "organized gang" has the meaning ascribed
to it in Section 10 of the Illinois Streetgang
Terrorism Omnibus Prevention Act.
(K) Vehicular hijacking.
(L) A second or subsequent conviction for the
offense of hate crime when the underlying offense upon
which the hate crime is based is felony aggravated
assault or felony mob action.
(M) A second or subsequent conviction for the
offense of institutional vandalism if the damage to the
property exceeds $300.
(N) A Class 3 felony violation of paragraph (1) of
subsection (a) of Section 2 of the Firearm Owners
Identification Card Act.
(O) A violation of Section 12-6.1 of the Criminal
Code of 1961.
(P) A violation of paragraph (1), (2), (3), (4),

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(5), or (7) of subsection (a) of Section 11-20.1 of the
Criminal Code of 1961.
(Q) A violation of Section 20-1.2 or 20-1.3 of the
Criminal Code of 1961.
(R) A violation of Section 24-3A of the Criminal
Code of 1961.
(S) (Blank).
(T) A second or subsequent violation of the
Methamphetamine Control and Community Protection Act.
(U) A second or subsequent violation of Section
6-303 of the Illinois Vehicle Code committed while his
or her driver's license, permit, or privilege was
revoked because of a violation of Section 9-3 of the
Criminal Code of 1961, relating to the offense of
reckless homicide, or a similar provision of a law of
another state.
(V) A violation of paragraph (4) of subsection (c)
of Section 11-20.3 of the Criminal Code of 1961.
(W) A violation of Section 24-3.5 of the Criminal
Code of 1961.
(X) A violation of subsection (a) of Section 31-1a
of the Criminal Code of 1961.
(Y) A conviction for unlawful possession of a
firearm by a street gang member when the firearm was
loaded or contained firearm ammunition.
(Z) A Class 1 felony committed while he or she was

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serving a term of probation or conditional discharge
for a felony.
(AA) Theft of property exceeding $500,000 and not
exceeding $1,000,000 in value.
(BB) Laundering of criminally derived property of
a value exceeding $500,000.
(CC) Knowingly selling, offering for sale, holding
for sale, or using 2,000 or more counterfeit items or
counterfeit items having a retail value in the
aggregate of $500,000 or more.
(3) (Blank).
(4) A minimum term of imprisonment of not less than 10
consecutive days or 30 days of community service shall be
imposed for a violation of paragraph (c) of Section 6-303
of the Illinois Vehicle Code.
(4.1) (Blank).
(4.2) Except as provided in paragraphs (4.3) and (4.8)
of this subsection (c), a minimum of 100 hours of community
service shall be imposed for a second violation of Section
6-303 of the Illinois Vehicle Code.
(4.3) A minimum term of imprisonment of 30 days or 300
hours of community service, as determined by the court,
shall be imposed for a second violation of subsection (c)
of Section 6-303 of the Illinois Vehicle Code.
(4.4) Except as provided in paragraphs (4.5), (4.6),
and (4.9) of this subsection (c), a minimum term of

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imprisonment of 30 days or 300 hours of community service,
as determined by the court, shall be imposed for a third or
subsequent violation of Section 6-303 of the Illinois
Vehicle Code.
(4.5) A minimum term of imprisonment of 30 days shall
be imposed for a third violation of subsection (c) of
Section 6-303 of the Illinois Vehicle Code.
(4.6) Except as provided in paragraph (4.10) of this
subsection (c), a minimum term of imprisonment of 180 days
shall be imposed for a fourth or subsequent violation of
subsection (c) of Section 6-303 of the Illinois Vehicle
Code.
(4.7) A minimum term of imprisonment of not less than
30 consecutive days, or 300 hours of community service,
shall be imposed for a violation of subsection (a-5) of
Section 6-303 of the Illinois Vehicle Code, as provided in
subsection (b-5) of that Section.
(4.8) A mandatory prison sentence shall be imposed for
a second violation of subsection (a-5) of Section 6-303 of
the Illinois Vehicle Code, as provided in subsection (c-5)
of that Section. The person's driving privileges shall be
revoked for a period of not less than 5 years from the date
of his or her release from prison.
(4.9) A mandatory prison sentence of not less than 4
and not more than 15 years shall be imposed for a third
violation of subsection (a-5) of Section 6-303 of the

HB2046 - 20 - LRB097 05041 RLC 45081 b
Illinois Vehicle Code, as provided in subsection (d-2.5) of
that Section. The person's driving privileges shall be
revoked for the remainder of his or her life.
(4.10) A mandatory prison sentence for a Class 1 felony
shall be imposed, and the person shall be eligible for an
extended term sentence, for a fourth or subsequent
violation of subsection (a-5) of Section 6-303 of the
Illinois Vehicle Code, as provided in subsection (d-3.5) of
that Section. The person's driving privileges shall be
revoked for the remainder of his or her life.
(5) The court may sentence a corporation or
unincorporated association convicted of any offense to:
(A) a period of conditional discharge;
(B) a fine;
(C) make restitution to the victim under Section
5-5-6 of this Code.
(5.1) In addition to any other penalties imposed, and
except as provided in paragraph (5.2) or (5.3), a person
convicted of violating subsection (c) of Section 11-907 of
the Illinois Vehicle Code shall have his or her driver's
license, permit, or privileges suspended for at least 90
days but not more than one year, if the violation resulted
in damage to the property of another person.
(5.2) In addition to any other penalties imposed, and
except as provided in paragraph (5.3), a person convicted
of violating subsection (c) of Section 11-907 of the

HB2046 - 21 - LRB097 05041 RLC 45081 b
Illinois Vehicle Code shall have his or her driver's
license, permit, or privileges suspended for at least 180
days but not more than 2 years, if the violation resulted
in injury to another person.
(5.3) In addition to any other penalties imposed, a
person convicted of violating subsection (c) of Section
11-907 of the Illinois Vehicle Code shall have his or her
driver's license, permit, or privileges suspended for 2
years, if the violation resulted in the death of another
person.
(5.4) In addition to any other penalties imposed, a
person convicted of violating Section 3-707 of the Illinois
Vehicle Code shall have his or her driver's license,
permit, or privileges suspended for 3 months and until he
or she has paid a reinstatement fee of $100.
(5.5) In addition to any other penalties imposed, a
person convicted of violating Section 3-707 of the Illinois
Vehicle Code during a period in which his or her driver's
license, permit, or privileges were suspended for a
previous violation of that Section shall have his or her
driver's license, permit, or privileges suspended for an
additional 6 months after the expiration of the original
3-month suspension and until he or she has paid a
reinstatement fee of $100.
(6) (Blank).
(7) (Blank).

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

HB2046 - 23 - LRB097 05041 RLC 45081 b
of that Section.
(13) A person convicted of or placed on court
supervision for an assault or aggravated assault when the
victim and the offender are family or household members as
defined in Section 103 of the Illinois Domestic Violence
Act of 1986 or convicted of domestic battery or aggravated
domestic battery may be required to attend a Partner Abuse
Intervention Program under protocols set forth by the
Illinois Department of Human Services under such terms and
conditions imposed by the court. The costs of such classes
shall be paid by the offender.
(d) In any case in which a sentence originally imposed is
vacated, the case shall be remanded to the trial court. The
trial court shall hold a hearing under Section 5-4-1 of the
Unified Code of Corrections which may include evidence of the
defendant's life, moral character and occupation during the
time since the original sentence was passed. The trial court
shall then impose sentence upon the defendant. The trial court
may impose any sentence which could have been imposed at the
original trial subject to Section 5-5-4 of the Unified Code of
Corrections. If a sentence is vacated on appeal or on
collateral attack due to the failure of the trier of fact at
trial to determine beyond a reasonable doubt the existence of a
fact (other than a prior conviction) necessary to increase the
punishment for the offense beyond the statutory maximum
otherwise applicable, either the defendant may be re-sentenced

HB2046 - 24 - LRB097 05041 RLC 45081 b
to a term within the range otherwise provided or, if the State
files notice of its intention to again seek the extended
sentence, the defendant shall be afforded a new trial.
(e) In cases where prosecution for aggravated criminal
sexual abuse under Section 12-16 of the Criminal Code of 1961
results in conviction of a defendant who was a family member of
the victim at the time of the commission of the offense, the
court shall consider the safety and welfare of the victim and
may impose a sentence of probation only where:
(1) the court finds (A) or (B) or both are appropriate:
(A) the defendant is willing to undergo a court
approved counseling program for a minimum duration of 2
years; or
(B) the defendant is willing to participate in a
court approved plan including but not limited to the
defendant's:
(i) removal from the household;
(ii) restricted contact with the victim;
(iii) continued financial support of the
family;
(iv) restitution for harm done to the victim;
and
(v) compliance with any other measures that
the court may deem appropriate; and
(2) the court orders the defendant to pay for the
victim's counseling services, to the extent that the court

HB2046 - 25 - LRB097 05041 RLC 45081 b
finds, after considering the defendant's income and
assets, that the defendant is financially capable of paying
for such services, if the victim was under 18 years of age
at the time the offense was committed and requires
counseling as a result of the offense.
Probation may be revoked or modified pursuant to Section
5-6-4; except where the court determines at the hearing that
the defendant violated a condition of his or her probation
restricting contact with the victim or other family members or
commits another offense with the victim or other family
members, the court shall revoke the defendant's probation and
impose a term of imprisonment.
For the purposes of this Section, "family member" and
"victim" shall have the meanings ascribed to them in Section
12-12 of the Criminal Code of 1961.
(f) (Blank).
(g) Whenever a defendant is convicted of an offense under
Sections 11-14, 11-15, 11-15.1, 11-16, 11-17, 11-18, 11-18.1,
11-19, 11-19.1, 11-19.2, 12-13, 12-14, 12-14.1, 12-15 or 12-16
of the Criminal Code of 1961, the defendant shall undergo
medical testing to determine whether the defendant has any
sexually transmissible disease, including a test for infection
with human immunodeficiency virus (HIV) or any other identified
causative agent of acquired immunodeficiency syndrome (AIDS).
Any such medical test shall be performed only by appropriately
licensed medical practitioners and may include an analysis of

HB2046 - 26 - LRB097 05041 RLC 45081 b
any bodily fluids as well as an examination of the defendant's
person. Except as otherwise provided by law, the results of
such test shall be kept strictly confidential by all medical
personnel involved in the testing and must be personally
delivered in a sealed envelope to the judge of the court in
which the conviction was entered for the judge's inspection in
camera. Acting in accordance with the best interests of the
victim and the public, the judge shall have the discretion to
determine to whom, if anyone, the results of the testing may be
revealed. The court shall notify the defendant of the test
results. The court shall also notify the victim if requested by
the victim, and if the victim is under the age of 15 and if
requested by the victim's parents or legal guardian, the court
shall notify the victim's parents or legal guardian of the test
results. The court shall provide information on the
availability of HIV testing and counseling at Department of
Public Health facilities to all parties to whom the results of
the testing are revealed and shall direct the State's Attorney
to provide the information to the victim when possible. A
State's Attorney may petition the court to obtain the results
of any HIV test administered under this Section, and the court
shall grant the disclosure if the State's Attorney shows it is
relevant in order to prosecute a charge of criminal
transmission of HIV under Section 12-16.2 of the Criminal Code
of 1961 against the defendant. The court shall order that the
cost of any such test shall be paid by the county and may be

HB2046 - 27 - LRB097 05041 RLC 45081 b
taxed as costs against the convicted defendant.
(g-5) When an inmate is tested for an airborne communicable
disease, as determined by the Illinois Department of Public
Health including but not limited to tuberculosis, the results
of the test shall be personally delivered by the warden or his
or her designee in a sealed envelope to the judge of the court
in which the inmate must appear for the judge's inspection in
camera if requested by the judge. Acting in accordance with the
best interests of those in the courtroom, the judge shall have
the discretion to determine what if any precautions need to be
taken to prevent transmission of the disease in the courtroom.
(h) Whenever a defendant is convicted of an offense under
Section 1 or 2 of the Hypodermic Syringes and Needles Act, the
defendant shall undergo medical testing to determine whether
the defendant has been exposed to human immunodeficiency virus
(HIV) or any other identified causative agent of acquired
immunodeficiency syndrome (AIDS). Except as otherwise provided
by law, the results of such test shall be kept strictly
confidential by all medical personnel involved in the testing
and must be personally delivered in a sealed envelope to the
judge of the court in which the conviction was entered for the
judge's inspection in camera. Acting in accordance with the
best interests of the public, the judge shall have the
discretion to determine to whom, if anyone, the results of the
testing may be revealed. The court shall notify the defendant
of a positive test showing an infection with the human

HB2046 - 28 - LRB097 05041 RLC 45081 b
immunodeficiency virus (HIV). The court shall provide
information on the availability of HIV testing and counseling
at Department of Public Health facilities to all parties to
whom the results of the testing are revealed and shall direct
the State's Attorney to provide the information to the victim
when possible. A State's Attorney may petition the court to
obtain the results of any HIV test administered under this
Section, and the court shall grant the disclosure if the
State's Attorney shows it is relevant in order to prosecute a
charge of criminal transmission of HIV under Section 12-16.2 of
the Criminal Code of 1961 against the defendant. The court
shall order that the cost of any such test shall be paid by the
county and may be taxed as costs against the convicted
defendant.
(i) All fines and penalties imposed under this Section for
any violation of Chapters 3, 4, 6, and 11 of the Illinois
Vehicle Code, or a similar provision of a local ordinance, and
any violation of the Child Passenger Protection Act, or a
similar provision of a local ordinance, shall be collected and
disbursed by the circuit clerk as provided under Section 27.5
of the Clerks of Courts Act.
(j) In cases when prosecution for any violation of Section
11-6, 11-8, 11-9, 11-11, 11-14, 11-15, 11-15.1, 11-16, 11-17,
11-17.1, 11-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 11-20.1,
11-21, 12-13, 12-14, 12-14.1, 12-15, or 12-16 of the Criminal
Code of 1961, any violation of the Illinois Controlled

HB2046 - 29 - LRB097 05041 RLC 45081 b
Substances Act, any violation of the Cannabis Control Act, or
any violation of the Methamphetamine Control and Community
Protection Act results in conviction, a disposition of court
supervision, or an order of probation granted under Section 10
of the Cannabis Control Act, Section 410 of the Illinois
Controlled Substance Act, or Section 70 of the Methamphetamine
Control and Community Protection Act of a defendant, the court
shall determine whether the defendant is employed by a facility
or center as defined under the Child Care Act of 1969, a public
or private elementary or secondary school, or otherwise works
with children under 18 years of age on a daily basis. When a
defendant is so employed, the court shall order the Clerk of
the Court to send a copy of the judgment of conviction or order
of supervision or probation to the defendant's employer by
certified mail. If the employer of the defendant is a school,
the Clerk of the Court shall direct the mailing of a copy of
the judgment of conviction or order of supervision or probation
to the appropriate regional superintendent of schools. The
regional superintendent of schools shall notify the State Board
of Education of any notification under this subsection.
(j-5) A defendant at least 17 years of age who is convicted
of a felony and who has not been previously convicted of a
misdemeanor or felony and who is sentenced to a term of
imprisonment in the Illinois Department of Corrections shall as
a condition of his or her sentence be required by the court to
attend educational courses designed to prepare the defendant

HB2046 - 30 - LRB097 05041 RLC 45081 b
for a high school diploma and to work toward a high school
diploma or to work toward passing the high school level Test of
General Educational Development (GED) or to work toward
completing a vocational training program offered by the
Department of Corrections. If a defendant fails to complete the
educational training required by his or her sentence during the
term of incarceration, the Prisoner Review Board shall, as a
condition of mandatory supervised release, require the
defendant, at his or her own expense, to pursue a course of
study toward a high school diploma or passage of the GED test.
The Prisoner Review Board shall revoke the mandatory supervised
release of a defendant who wilfully fails to comply with this
subsection (j-5) upon his or her release from confinement in a
penal institution while serving a mandatory supervised release
term; however, the inability of the defendant after making a
good faith effort to obtain financial aid or pay for the
educational training shall not be deemed a wilful failure to
comply. The Prisoner Review Board shall recommit the defendant
whose mandatory supervised release term has been revoked under
this subsection (j-5) as provided in Section 3-3-9. This
subsection (j-5) does not apply to a defendant who has a high
school diploma or has successfully passed the GED test. This
subsection (j-5) does not apply to a defendant who is
determined by the court to be developmentally disabled or
otherwise mentally incapable of completing the educational or
vocational program.

HB2046 - 31 - LRB097 05041 RLC 45081 b
(k) (Blank).
(l) (A) Except as provided in paragraph (C) of subsection
(l), whenever a defendant, who is an alien as defined by
the Immigration and Nationality Act, is convicted of any
felony or misdemeanor offense, the court after sentencing
the defendant may, upon motion of the State's Attorney,
hold sentence in abeyance and remand the defendant to the
custody of the Attorney General of the United States or his
or her designated agent to be deported when:
(1) a final order of deportation has been issued
against the defendant pursuant to proceedings under
the Immigration and Nationality Act, and
(2) the deportation of the defendant would not
deprecate the seriousness of the defendant's conduct
and would not be inconsistent with the ends of justice.
Otherwise, the defendant shall be sentenced as
provided in this Chapter V.
(B) If the defendant has already been sentenced for a
felony or misdemeanor offense, or has been placed on
probation under Section 10 of the Cannabis Control Act,
Section 410 of the Illinois Controlled Substances Act, or
Section 70 of the Methamphetamine Control and Community
Protection Act, the court may, upon motion of the State's
Attorney to suspend the sentence imposed, commit the
defendant to the custody of the Attorney General of the
United States or his or her designated agent when:

HB2046 - 32 - LRB097 05041 RLC 45081 b
(1) a final order of deportation has been issued
against the defendant pursuant to proceedings under
the Immigration and Nationality Act, and
(2) the deportation of the defendant would not
deprecate the seriousness of the defendant's conduct
and would not be inconsistent with the ends of justice.
(C) This subsection (l) does not apply to offenders who
are subject to the provisions of paragraph (2) of
subsection (a) of Section 3-6-3.
(D) Upon motion of the State's Attorney, if a defendant
sentenced under this Section returns to the jurisdiction of
the United States, the defendant shall be recommitted to
the custody of the county from which he or she was
sentenced. Thereafter, the defendant shall be brought
before the sentencing court, which may impose any sentence
that was available under Section 5-5-3 at the time of
initial sentencing. In addition, the defendant shall not be
eligible for additional good conduct credit for
meritorious service as provided under Section 3-6-6.
(m) A person convicted of criminal defacement of property
under Section 21-1.3 of the Criminal Code of 1961, in which the
property damage exceeds $300 and the property damaged is a
school building, shall be ordered to perform community service
that may include cleanup, removal, or painting over the
defacement.
(n) The court may sentence a person convicted of a

HB2046 - 33 - LRB097 05041 RLC 45081 b
violation of Section 12-19, 12-21, or 16-1.3 of the Criminal
Code of 1961 (i) to an impact incarceration program if the
person is otherwise eligible for that program under Section
5-8-1.1, (ii) to community service, or (iii) if the person is
an addict or alcoholic, as defined in the Alcoholism and Other
Drug Abuse and Dependency Act, to a substance or alcohol abuse
program licensed under that Act.
(o) Whenever a person is convicted of a sex offense as
defined in Section 2 of the Sex Offender Registration Act, the
defendant's driver's license or permit shall be subject to
renewal on an annual basis in accordance with the provisions of
license renewal established by the Secretary of State.
(Source: P.A. 95-188, eff. 8-16-07; 95-259, eff. 8-17-07;
95-331, eff. 8-21-07; 95-377, eff. 1-1-08; 95-579, eff. 6-1-08;
95-876, eff. 8-21-08; 95-882, eff. 1-1-09; 95-1052, eff.
7-1-09; 96-348, eff. 8-12-09; 96-400, eff. 8-13-09; 96-829,
eff. 12-3-09; 96-1200, eff. 7-22-10.)