Bill Text: IL HB4124 | 2009-2010 | 96th General Assembly | Enrolled

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Bill Title: Amends the Unified Code of Corrections. Provides that the Prisoner Review Board or one who has allegedly violated the conditions of his or her parole or mandatory supervised release may require by subpoena the production of physical evidence, electronic evidence, computer files, DVD's, audio or tape recordings, or any other evidence relating to any matter under investigation or hearing. Provides that the Prisoner Review Board shall not release any material to the inmate, the inmate's attorney, any third party, or any other person containing any information from the victim or from a person related to the victim by blood, adoption, or marriage who has written objections, testified at any hearing, or submitted audio or visual objections to the inmate's parole, unless provided with a waiver from that objecting party. Effective immediately.

Spectrum: Bipartisan Bill

Status: (Passed) 2009-12-03 - Public Act . . . . . . . . . 96-0829 [HB4124 Detail]

Download: Illinois-2009-HB4124-Enrolled.html

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AN ACT concerning criminal law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Criminal Code of 1961 is amended by changing
Section 24-1.6 and by adding Section 24-1.8 as follows:
(720 ILCS 5/24-1.6)
Sec. 24-1.6. Aggravated unlawful use of a weapon.
(a) A person commits the offense of aggravated unlawful use
of a weapon when he or she knowingly:
(1) Carries on or about his or her person or in any
vehicle or concealed on or about his or her person except
when on his or her land or in his or her abode, legal
dwelling, or fixed place of business, or on the land or in
the legal dwelling of another person as an invitee with
that person's permission, any pistol, revolver, stun gun or
taser or other firearm; or
(2) Carries or possesses on or about his or her person,
upon any public street, alley, or other public lands within
the corporate limits of a city, village or incorporated
town, except when an invitee thereon or therein, for the
purpose of the display of such weapon or the lawful
commerce in weapons, or except when on his or her own land
or in his or her own abode, legal dwelling, or fixed place

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of business, or on the land or in the legal dwelling of
another person as an invitee with that person's permission,
any pistol, revolver, stun gun or taser or other firearm;
and
(3) One of the following factors is present:
(A) the firearm possessed was uncased, loaded and
immediately accessible at the time of the offense; or
(B) the firearm possessed was uncased, unloaded
and the ammunition for the weapon was immediately
accessible at the time of the offense; or
(C) the person possessing the firearm has not been
issued a currently valid Firearm Owner's
Identification Card; or
(D) the person possessing the weapon was
previously adjudicated a delinquent minor under the
Juvenile Court Act of 1987 for an act that if committed
by an adult would be a felony; or
(E) the person possessing the weapon was engaged in
a misdemeanor violation of the Cannabis Control Act, in
a misdemeanor violation of the Illinois Controlled
Substances Act, or in a misdemeanor violation of the
Methamphetamine Control and Community Protection Act;
or
(F) (blank) the person possessing the weapon is a
member of a street gang or is engaged in street gang
related activity, as defined in Section 10 of the

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Illinois Streetgang Terrorism Omnibus Prevention Act;
or
(G) the person possessing the weapon had a order of
protection issued against him or her within the
previous 2 years; or
(H) the person possessing the weapon was engaged in
the commission or attempted commission of a
misdemeanor involving the use or threat of violence
against the person or property of another; or
(I) the person possessing the weapon was under 21
years of age and in possession of a handgun as defined
in Section 24-3, unless the person under 21 is engaged
in lawful activities under the Wildlife Code or
described in subsection 24-2(b)(1), (b)(3), or
24-2(f).
(b) "Stun gun or taser" as used in this Section has the
same definition given to it in Section 24-1 of this Code.
(c) This Section does not apply to or affect the
transportation or possession of weapons that:
(i) are broken down in a non-functioning state; or
(ii) are not immediately accessible; or
(iii) are unloaded and enclosed in a case, firearm
carrying box, shipping box, or other container by a
person who has been issued a currently valid Firearm
Owner's Identification Card.
(d) Sentence. Aggravated unlawful use of a weapon is a

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Class 4 felony; a second or subsequent offense is a Class 2
felony for which the person shall be sentenced to a term of
imprisonment of not less than 3 years and not more than 7
years. Aggravated unlawful use of a weapon by a person who has
been previously convicted of a felony in this State or another
jurisdiction is a Class 2 felony for which the person shall be
sentenced to a term of imprisonment of not less than 3 years
and not more than 7 years. Aggravated unlawful use of a weapon
while wearing or in possession of body armor as defined in
Section 33F-1 by a person who has not been issued a valid
Firearms Owner's Identification Card in accordance with
Section 5 of the Firearm Owners Identification Card Act is a
Class X felony. The possession of each firearm in violation of
this Section constitutes a single and separate violation.
(Source: P.A. 95-331, eff. 8-21-07; 96-742, eff. 8-25-09.)
(720 ILCS 5/24-1.8 new)
Sec. 24-1.8. Unlawful possession of a firearm by a street
gang member.
(a) A person commits unlawful possession of a firearm by a
street gang member when he or she knowingly:
(1) possesses, carries, or conceals on or about his or
her person a firearm and firearm ammunition while on any
street, road, alley, gangway, sidewalk, or any other lands,
except when inside his or her own abode or inside his or
her fixed place of business, and has not been issued a

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currently valid Firearm Owner's Identification Card and is
a member of a street gang; or
(2) possesses or carries in any vehicle a firearm and
firearm ammunition which are both immediately accessible
at the time of the offense while on any street, road,
alley, or any other lands, except when inside his or her
own abode or garage, and has not been issued a currently
valid Firearm Owner's Identification Card and is a member
of a street gang.
(b) Unlawful possession of a firearm by a street gang
member is a Class 2 felony for which the person, if sentenced
to a term of imprisonment, shall be sentenced to no less than 3
years and no more than 10 years. A period of probation, a term
of periodic imprisonment or conditional discharge shall not be
imposed for the offense of unlawful possession of a firearm by
a street gang member when the firearm was loaded or contained
firearm ammunition and the court shall sentence the offender to
not less than the minimum term of imprisonment authorized for
the Class 2 felony.
(c) For purposes of this Section:
"Street gang" or "gang" has the meaning ascribed to it
in Section 10 of the Illinois Streetgang Terrorism Omnibus
Prevention Act.
"Street gang member" or "gang member" has the meaning
ascribed to it in Section 10 of the Illinois Streetgang
Terrorism Omnibus Prevention Act.

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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.).
(10) If the defendant is convicted of arson,
aggravated arson, residential arson, or place of worship
arson, an order directing the offender to reimburse the
local emergency response department for the costs of
responding to the fire that the offender was convicted of
setting in accordance with the Emergency Services Response
Reimbursement for Criminal Convictions Act.
(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.

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(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.
(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

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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.

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(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

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firearm by a street gang member when the firearm was
loaded or contained firearm ammunition.
(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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

HB4124 Enrolled - 22 - LRB096 09964 RLC 22534 b
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

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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

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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

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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; revised
9-4-09.)
Section 99. Effective date. This Act takes effect upon
becoming law.