|
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.
|
(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.
|
|
(J) A forcible felony if the offense was related to |
the activities of an
organized gang.
|
Before July 1, 1994, for the purposes of this |
paragraph, "organized
gang" means an association of 5 |
or more persons, with an established hierarchy,
that |
encourages members of the association to perpetrate |
crimes or provides
support to the members of the |
association who do commit crimes.
|
Beginning July 1, 1994, for the purposes of this |
paragraph,
"organized gang" has the meaning ascribed |
to it in Section 10 of the Illinois
Streetgang |
Terrorism Omnibus Prevention Act.
|
(K) Vehicular hijacking.
|
(L) A second or subsequent conviction for the |
offense of hate crime
when the underlying offense upon |
which the hate crime is based is felony
aggravated
|
assault or felony mob action.
|
(M) A second or subsequent conviction for the |
offense of institutional
vandalism if the damage to the |
property exceeds $300.
|
(N) A Class 3 felony violation of paragraph (1) of |
subsection (a) of
Section 2 of the Firearm Owners |
Identification Card Act.
|
(O) A violation of Section 12-6.1 of the Criminal |
Code of 1961.
|
(P) A violation of paragraph (1), (2), (3), (4), |
|
(5), or (7) of
subsection (a)
of Section 11-20.1 of the |
Criminal Code of 1961.
|
(Q) A violation of Section 20-1.2 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 |
|
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. |
(DD) A conviction for aggravated assault under |
paragraph (6) of subsection (c) of Section 12-2 of the |
Criminal Code of 1961 if the firearm is aimed toward |
the person against whom the firearm is being used.
|
(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 |
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 |
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 |
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).
|
(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 |
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 |
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 |
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 |
any bodily
fluids as well as an examination of the defendant's |
person.
Except as otherwise provided by law, the results of |
such test shall be kept
strictly confidential by all medical |
personnel involved in the testing and must
be personally |
delivered in a sealed envelope to the judge of the court in |
which
the conviction was entered for the judge's inspection in |
camera. Acting in
accordance with the best interests of the |
victim and the public, the judge
shall have the discretion to |
determine to whom, if anyone, the results of the
testing may be |
revealed. The court shall notify the defendant
of the test |
results. The court shall
also notify the victim if requested by |
the victim, and if the victim is under
the age of 15 and if |
requested by the victim's parents or legal guardian, the
court |
shall notify the victim's parents or legal guardian of the test
|
results.
The court shall provide information on the |
availability of HIV testing
and counseling at Department of |
Public Health facilities to all parties to
whom the results of |
the testing are revealed and shall direct the State's
Attorney |
to provide the information to the victim when possible.
A |
State's Attorney may petition the court to obtain the results |
of any HIV test
administered under this Section, and the court |
shall grant the disclosure if
the State's Attorney shows it is |
|
relevant in order to prosecute a charge of
criminal |
transmission of HIV under Section 12-16.2 of the Criminal Code |
of 1961
against the defendant. The court shall order that the |
cost of any such test
shall be paid by the county and may be |
taxed as costs against the convicted
defendant.
|
(g-5) When an inmate is tested for an airborne communicable |
disease, as
determined by the Illinois Department of Public |
Health including but not
limited to tuberculosis, the results |
of the test shall be
personally delivered by the warden or his |
or her designee in a sealed envelope
to the judge of the court |
in which the inmate must appear for the judge's
inspection in |
camera if requested by the judge. Acting in accordance with the
|
best interests of those in the courtroom, the judge shall have |
the discretion
to determine what if any precautions need to be |
taken to prevent transmission
of the disease in the courtroom.
|
(h) Whenever a defendant is convicted of an offense under |
Section 1 or 2
of the Hypodermic Syringes and Needles Act, the |
defendant shall undergo
medical testing to determine whether |
the defendant has been exposed to human
immunodeficiency virus |
(HIV) or any other identified causative agent of
acquired |
immunodeficiency syndrome (AIDS). Except as otherwise provided |
by
law, the results of such test shall be kept strictly |
confidential by all
medical personnel involved in the testing |
and must be personally delivered in a
sealed envelope to the |
judge of the court in which the conviction was entered
for the |
judge's inspection in camera. Acting in accordance with the |
|
best
interests of the public, the judge shall have the |
discretion to determine to
whom, if anyone, the results of the |
testing may be revealed. The court shall
notify the defendant |
of a positive test showing an infection with the human
|
immunodeficiency virus (HIV). The court shall provide |
information on the
availability of HIV testing and counseling |
at Department of Public Health
facilities to all parties to |
whom the results of the testing are revealed and
shall direct |
the State's Attorney to provide the information to the victim |
when
possible. A State's Attorney may petition the court to |
obtain the results of
any HIV test administered under this |
Section, and the court shall grant the
disclosure if the |
State's Attorney shows it is relevant in order to prosecute a
|
charge of criminal transmission of HIV under Section 12-16.2 of |
the Criminal
Code of 1961 against the defendant. The court |
shall order that the cost of any
such test shall be paid by the |
county and may be taxed as costs against the
convicted |
defendant.
|
(i) All fines and penalties imposed under this Section for |
any violation
of Chapters 3, 4, 6, and 11 of the Illinois |
Vehicle Code, or a similar
provision of a local ordinance, and |
any violation
of the Child Passenger Protection Act, or a |
similar provision of a local
ordinance, shall be collected and |
disbursed by the circuit
clerk as provided under Section 27.5 |
of the Clerks of Courts Act.
|
(j) In cases when prosecution for any violation of Section |
|
11-6, 11-8,
11-9, 11-11, 11-14, 11-15, 11-15.1, 11-16, 11-17, |
11-17.1, 11-18, 11-18.1,
11-19, 11-19.1, 11-19.2, 11-20.1, |
11-21, 12-13, 12-14, 12-14.1, 12-15, or
12-16 of the
Criminal |
Code of 1961, any violation of the Illinois Controlled |
Substances Act,
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 |
for a high school diploma
and to work toward a high school |
diploma or to work toward passing the high
school level Test of |
General Educational Development (GED) or to work toward
|
completing a vocational training program offered by the |
Department of
Corrections. If a defendant fails to complete the |
educational training
required by his or her sentence during the |
term of incarceration, the Prisoner
Review Board shall, as a |
condition of mandatory supervised release, require the
|
defendant, at his or her own expense, to pursue a course of |
study toward a high
school diploma or passage of the GED test. |
The Prisoner Review Board shall
revoke the mandatory supervised |
release of a defendant who wilfully fails to
comply with this |
subsection (j-5) upon his or her release from confinement in a
|
penal institution while serving a mandatory supervised release |
term; however,
the inability of the defendant after making a |
good faith effort to obtain
financial aid or pay for the |
educational training shall not be deemed a wilful
failure to |
comply. The Prisoner Review Board shall recommit the defendant
|
whose mandatory supervised release term has been revoked under |
this subsection
(j-5) as provided in Section 3-3-9. This |
subsection (j-5) does not apply to a
defendant who has a high |
school diploma or has successfully passed the GED
test. This |
|
subsection (j-5) does not apply to a defendant who is |
determined by
the court to be developmentally disabled or |
otherwise mentally incapable of
completing the educational or |
vocational program.
|
(k) (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:
|
(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 |
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.)
|
Section 99. Effective date. This Act takes effect July 1, |
2011.
|
