Bill Text: IL HB4710 | 2011-2012 | 97th General Assembly | Introduced
Bill Title: Amends the Unified Code of Corrections. Provides that a person convicted of the offense of knowingly manufacturing or delivering or possessing with intent to manufacture or deliver heroin or an analog of heroin may not receive a sentence of a period of probation, a term of periodic imprisonment, or conditional discharge if the amount of the heroin is 3 (rather than over 5) grams or more.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2013-01-08 - Session Sine Die [HB4710 Detail]
Download: Illinois-2011-HB4710-Introduced.html
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1 | AN ACT concerning criminal law.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Unified Code of Corrections is amended by | ||||||||||||||||||||||||
5 | changing Section 5-5-3 as follows:
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6 | (730 ILCS 5/5-5-3) (from Ch. 38, par. 1005-5-3)
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7 | Sec. 5-5-3. Disposition.
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8 | (a) (Blank).
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9 | (b) (Blank).
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10 | (c) (1) (Blank).
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11 | (2) A period of probation, a term of periodic | ||||||||||||||||||||||||
12 | imprisonment or
conditional discharge shall not be imposed | ||||||||||||||||||||||||
13 | for the following offenses.
The court shall sentence the | ||||||||||||||||||||||||
14 | offender to not less than the minimum term
of imprisonment | ||||||||||||||||||||||||
15 | set forth in this Code for the following offenses, and
may | ||||||||||||||||||||||||
16 | order a fine or restitution or both in conjunction with | ||||||||||||||||||||||||
17 | such term of
imprisonment:
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18 | (A) First degree murder where the death penalty is | ||||||||||||||||||||||||
19 | not imposed.
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20 | (B) Attempted first degree murder.
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21 | (C) A Class X felony.
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22 | (D) A violation of Section 401.1 or 407 of the
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23 | Illinois Controlled Substances Act, or a violation of |
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1 | subdivision (c)(1), (c)(1.5) , or
(c)(2) of
Section 401 | ||||||
2 | of that Act which relates to more than 5 grams of a | ||||||
3 | substance
containing heroin, cocaine, fentanyl, or an | ||||||
4 | analog thereof.
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5 | (D-5) A violation of subdivision (c)(1) of
Section | ||||||
6 | 401 of the Illinois Controlled Substances Act which | ||||||
7 | relates to 3 or more grams of a substance
containing | ||||||
8 | heroin or an analog thereof.
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9 | (E) A violation of Section 5.1 or 9 of the Cannabis | ||||||
10 | Control
Act.
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11 | (F) A Class 2 or greater felony if the offender had | ||||||
12 | been convicted
of a Class 2 or greater felony, | ||||||
13 | including any state or federal conviction for an | ||||||
14 | offense that contained, at the time it was committed, | ||||||
15 | the same elements as an offense now (the date of the | ||||||
16 | offense committed after the prior Class 2 or greater | ||||||
17 | felony) classified as a Class 2 or greater felony, | ||||||
18 | within 10 years of the date on which the
offender
| ||||||
19 | committed the offense for which he or she is being | ||||||
20 | sentenced, except as
otherwise provided in Section | ||||||
21 | 40-10 of the Alcoholism and Other Drug Abuse and
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22 | Dependency Act.
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23 | (F-5) A violation of Section 24-1, 24-1.1, or | ||||||
24 | 24-1.6 of the Criminal Code of 1961 for which | ||||||
25 | imprisonment is prescribed in those Sections.
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26 | (G) Residential burglary, except as otherwise |
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1 | provided in Section 40-10
of the Alcoholism and Other | ||||||
2 | Drug Abuse and Dependency Act.
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3 | (H) Criminal sexual assault.
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4 | (I) Aggravated battery of a senior citizen as | ||||||
5 | described in Section 12-4.6 or subdivision (a)(4) of | ||||||
6 | Section 12-3.05.
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7 | (J) A forcible felony if the offense was related to | ||||||
8 | the activities of an
organized gang.
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9 | Before July 1, 1994, for the purposes of this | ||||||
10 | paragraph, "organized
gang" means an association of 5 | ||||||
11 | or more persons, with an established hierarchy,
that | ||||||
12 | encourages members of the association to perpetrate | ||||||
13 | crimes or provides
support to the members of the | ||||||
14 | association who do commit crimes.
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15 | Beginning July 1, 1994, for the purposes of this | ||||||
16 | paragraph,
"organized gang" has the meaning ascribed | ||||||
17 | to it in Section 10 of the Illinois
Streetgang | ||||||
18 | Terrorism Omnibus Prevention Act.
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19 | (K) Vehicular hijacking.
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20 | (L) A second or subsequent conviction for the | ||||||
21 | offense of hate crime
when the underlying offense upon | ||||||
22 | which the hate crime is based is felony
aggravated
| ||||||
23 | assault or felony mob action.
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24 | (M) A second or subsequent conviction for the | ||||||
25 | offense of institutional
vandalism if the damage to the | ||||||
26 | property exceeds $300.
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1 | (N) A Class 3 felony violation of paragraph (1) of | ||||||
2 | subsection (a) of
Section 2 of the Firearm Owners | ||||||
3 | Identification Card Act.
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4 | (O) A violation of Section 12-6.1 or 12-6.5 of the | ||||||
5 | Criminal Code of 1961.
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6 | (P) A violation of paragraph (1), (2), (3), (4), | ||||||
7 | (5), or (7) of
subsection (a)
of Section 11-20.1 of the | ||||||
8 | Criminal Code of 1961.
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9 | (Q) A violation of Section 20-1.2 or 20-1.3 of the | ||||||
10 | Criminal Code of
1961.
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11 | (R) A violation of Section 24-3A of the Criminal | ||||||
12 | Code of
1961.
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13 | (S) (Blank).
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14 | (T) A second or subsequent violation of the | ||||||
15 | Methamphetamine Control and Community Protection Act.
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16 | (U) A second or subsequent violation of Section | ||||||
17 | 6-303 of the Illinois Vehicle Code committed while his | ||||||
18 | or her driver's license, permit, or privilege was | ||||||
19 | revoked because of a violation of Section 9-3 of the | ||||||
20 | Criminal Code of 1961, relating to the offense of | ||||||
21 | reckless homicide, or a similar provision of a law of | ||||||
22 | another state.
| ||||||
23 | (V)
A violation of paragraph (4) of subsection (c) | ||||||
24 | of Section 11-20.1B or paragraph (4) of subsection (c) | ||||||
25 | of Section 11-20.3 of the Criminal Code of 1961. | ||||||
26 | (W) A violation of Section 24-3.5 of the Criminal |
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1 | Code of 1961.
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2 | (X) A violation of subsection (a) of Section 31-1a | ||||||
3 | of the Criminal Code of 1961. | ||||||
4 | (Y) A conviction for unlawful possession of a | ||||||
5 | firearm by a street gang member when the firearm was | ||||||
6 | loaded or contained firearm ammunition. | ||||||
7 | (Z) A Class 1 felony committed while he or she was | ||||||
8 | serving a term of probation or conditional discharge | ||||||
9 | for a felony. | ||||||
10 | (AA) Theft of property exceeding $500,000 and not | ||||||
11 | exceeding $1,000,000 in value. | ||||||
12 | (BB) Laundering of criminally derived property of | ||||||
13 | a value exceeding
$500,000. | ||||||
14 | (CC) Knowingly selling, offering for sale, holding | ||||||
15 | for sale, or using 2,000 or more counterfeit items or | ||||||
16 | counterfeit items having a retail value in the | ||||||
17 | aggregate of $500,000 or more. | ||||||
18 | (DD) A conviction for aggravated assault under | ||||||
19 | paragraph (6) of subsection (c) of Section 12-2 of the | ||||||
20 | Criminal Code of 1961 if the firearm is aimed toward | ||||||
21 | the person against whom the firearm is being used.
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22 | (3) (Blank).
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23 | (4) A minimum term of imprisonment of not less than 10
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24 | consecutive days or 30 days of community service shall be | ||||||
25 | imposed for a
violation of paragraph (c) of Section 6-303 | ||||||
26 | of the Illinois Vehicle Code.
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1 | (4.1) (Blank).
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2 | (4.2) Except as provided in paragraphs (4.3) and (4.8) | ||||||
3 | of this subsection (c), a
minimum of
100 hours of community | ||||||
4 | service shall be imposed for a second violation of
Section | ||||||
5 | 6-303
of the Illinois Vehicle Code.
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6 | (4.3) A minimum term of imprisonment of 30 days or 300 | ||||||
7 | hours of community
service, as determined by the court, | ||||||
8 | shall
be imposed for a second violation of subsection (c) | ||||||
9 | of Section 6-303 of the
Illinois Vehicle Code.
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10 | (4.4) Except as provided in paragraphs
(4.5), (4.6), | ||||||
11 | and (4.9) of this
subsection (c), a
minimum term of | ||||||
12 | imprisonment of 30 days or 300 hours of community service, | ||||||
13 | as
determined by the court, shall
be imposed
for a third or | ||||||
14 | subsequent violation of Section 6-303 of the Illinois | ||||||
15 | Vehicle
Code.
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16 | (4.5) A minimum term of imprisonment of 30 days
shall | ||||||
17 | be imposed for a third violation of subsection (c) of
| ||||||
18 | Section 6-303 of the Illinois Vehicle Code.
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19 | (4.6) Except as provided in paragraph (4.10) of this | ||||||
20 | subsection (c), a minimum term of imprisonment of 180 days | ||||||
21 | shall be imposed for a
fourth or subsequent violation of | ||||||
22 | subsection (c) of Section 6-303 of the
Illinois Vehicle | ||||||
23 | Code.
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24 | (4.7) A minimum term of imprisonment of not less than | ||||||
25 | 30 consecutive days, or 300 hours of community service, | ||||||
26 | shall be imposed for a violation of subsection (a-5) of |
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1 | Section 6-303 of the Illinois Vehicle Code, as provided in | ||||||
2 | subsection (b-5) of that Section.
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3 | (4.8) A mandatory prison sentence shall be imposed for | ||||||
4 | a second violation of subsection (a-5) of Section 6-303 of | ||||||
5 | the Illinois Vehicle Code, as provided in subsection (c-5) | ||||||
6 | of that Section. The person's driving privileges shall be | ||||||
7 | revoked for a period of not less than 5 years from the date | ||||||
8 | of his or her release from prison.
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9 | (4.9) A mandatory prison sentence of not less than 4 | ||||||
10 | and not more than 15 years shall be imposed for a third | ||||||
11 | violation of subsection (a-5) of Section 6-303 of the | ||||||
12 | Illinois Vehicle Code, as provided in subsection (d-2.5) of | ||||||
13 | that Section. The person's driving privileges shall be | ||||||
14 | revoked for the remainder of his or her life.
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15 | (4.10) A mandatory prison sentence for a Class 1 felony | ||||||
16 | shall be imposed, and the person shall be eligible for an | ||||||
17 | extended term sentence, for a fourth or subsequent | ||||||
18 | violation of subsection (a-5) of Section 6-303 of the | ||||||
19 | Illinois Vehicle Code, as provided in subsection (d-3.5) of | ||||||
20 | that Section. The person's driving privileges shall be | ||||||
21 | revoked for the remainder of his or her life.
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22 | (5) The court may sentence a corporation or | ||||||
23 | unincorporated
association convicted of any offense to:
| ||||||
24 | (A) a period of conditional discharge;
| ||||||
25 | (B) a fine;
| ||||||
26 | (C) make restitution to the victim under Section |
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1 | 5-5-6 of this Code.
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2 | (5.1) In addition to any other penalties imposed, and | ||||||
3 | except as provided in paragraph (5.2) or (5.3), a person
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4 | convicted of violating subsection (c) of Section 11-907 of | ||||||
5 | the Illinois
Vehicle Code shall have his or her driver's | ||||||
6 | license, permit, or privileges
suspended for at least 90 | ||||||
7 | days but not more than one year, if the violation
resulted | ||||||
8 | in damage to the property of another person.
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9 | (5.2) In addition to any other penalties imposed, and | ||||||
10 | except as provided in paragraph (5.3), a person convicted
| ||||||
11 | of violating subsection (c) of Section 11-907 of the | ||||||
12 | Illinois Vehicle Code
shall have his or her driver's | ||||||
13 | license, permit, or privileges suspended for at
least 180 | ||||||
14 | days but not more than 2 years, if the violation resulted | ||||||
15 | in injury
to
another person.
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16 | (5.3) In addition to any other penalties imposed, a | ||||||
17 | person convicted of violating subsection (c) of Section
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18 | 11-907 of the Illinois Vehicle Code shall have his or her | ||||||
19 | driver's license,
permit, or privileges suspended for 2 | ||||||
20 | years, if the violation resulted in the
death of another | ||||||
21 | person.
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22 | (5.4) In addition to any other penalties imposed, a | ||||||
23 | person convicted of violating Section 3-707 of the Illinois | ||||||
24 | Vehicle Code shall have his or her driver's license, | ||||||
25 | permit, or privileges suspended for 3 months and until he | ||||||
26 | or she has paid a reinstatement fee of $100. |
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1 | (5.5) In addition to any other penalties imposed, a | ||||||
2 | person convicted of violating Section 3-707 of the Illinois | ||||||
3 | Vehicle Code during a period in which his or her driver's | ||||||
4 | license, permit, or privileges were suspended for a | ||||||
5 | previous violation of that Section shall have his or her | ||||||
6 | driver's license, permit, or privileges suspended for an | ||||||
7 | additional 6 months after the expiration of the original | ||||||
8 | 3-month suspension and until he or she has paid a | ||||||
9 | reinstatement fee of $100.
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10 | (6) (Blank).
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11 | (7) (Blank).
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12 | (8) (Blank).
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13 | (9) A defendant convicted of a second or subsequent | ||||||
14 | offense of ritualized
abuse of a child may be sentenced to | ||||||
15 | a term of natural life imprisonment.
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16 | (10) (Blank).
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17 | (11) The court shall impose a minimum fine of $1,000 | ||||||
18 | for a first offense
and $2,000 for a second or subsequent | ||||||
19 | offense upon a person convicted of or
placed on supervision | ||||||
20 | for battery when the individual harmed was a sports
| ||||||
21 | official or coach at any level of competition and the act | ||||||
22 | causing harm to the
sports
official or coach occurred | ||||||
23 | within an athletic facility or within the immediate | ||||||
24 | vicinity
of the athletic facility at which the sports | ||||||
25 | official or coach was an active
participant
of the athletic | ||||||
26 | contest held at the athletic facility. For the purposes of
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1 | this paragraph (11), "sports official" means a person at an | ||||||
2 | athletic contest
who enforces the rules of the contest, | ||||||
3 | such as an umpire or referee; "athletic facility" means an | ||||||
4 | indoor or outdoor playing field or recreational area where | ||||||
5 | sports activities are conducted;
and "coach" means a person | ||||||
6 | recognized as a coach by the sanctioning
authority that | ||||||
7 | conducted the sporting event. | ||||||
8 | (12) A person may not receive a disposition of court | ||||||
9 | supervision for a
violation of Section 5-16 of the Boat | ||||||
10 | Registration and Safety Act if that
person has previously | ||||||
11 | received a disposition of court supervision for a
violation | ||||||
12 | of that Section.
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13 | (13) A person convicted of or placed on court | ||||||
14 | supervision for an assault or aggravated assault when the | ||||||
15 | victim and the offender are family or household members as | ||||||
16 | defined in Section 103 of the Illinois Domestic Violence | ||||||
17 | Act of 1986 or convicted of domestic battery or aggravated | ||||||
18 | domestic battery may be required to attend a Partner Abuse | ||||||
19 | Intervention Program under protocols set forth by the | ||||||
20 | Illinois Department of Human Services under such terms and | ||||||
21 | conditions imposed by the court. The costs of such classes | ||||||
22 | shall be paid by the offender.
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23 | (d) In any case in which a sentence originally imposed is | ||||||
24 | vacated,
the case shall be remanded to the trial court. The | ||||||
25 | trial court shall
hold a hearing under Section 5-4-1 of the | ||||||
26 | Unified Code of Corrections
which may include evidence of the |
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1 | defendant's life, moral character and
occupation during the | ||||||
2 | time since the original sentence was passed. The
trial court | ||||||
3 | shall then impose sentence upon the defendant. The trial
court | ||||||
4 | may impose any sentence which could have been imposed at the
| ||||||
5 | original trial subject to Section 5-5-4 of the Unified Code of | ||||||
6 | Corrections.
If a sentence is vacated on appeal or on | ||||||
7 | collateral attack due to the
failure of the trier of fact at | ||||||
8 | trial to determine beyond a reasonable doubt
the
existence of a | ||||||
9 | fact (other than a prior conviction) necessary to increase the
| ||||||
10 | punishment for the offense beyond the statutory maximum | ||||||
11 | otherwise applicable,
either the defendant may be re-sentenced | ||||||
12 | to a term within the range otherwise
provided or, if the State | ||||||
13 | files notice of its intention to again seek the
extended | ||||||
14 | sentence, the defendant shall be afforded a new trial.
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15 | (e) In cases where prosecution for
aggravated criminal | ||||||
16 | sexual abuse under Section 11-1.60 or 12-16 of the
Criminal | ||||||
17 | Code of 1961 results in conviction of a defendant
who was a | ||||||
18 | family member of the victim at the time of the commission of | ||||||
19 | the
offense, the court shall consider the safety and welfare of | ||||||
20 | the victim and
may impose a sentence of probation only where:
| ||||||
21 | (1) the court finds (A) or (B) or both are appropriate:
| ||||||
22 | (A) the defendant is willing to undergo a court | ||||||
23 | approved counseling
program for a minimum duration of 2 | ||||||
24 | years; or
| ||||||
25 | (B) the defendant is willing to participate in a | ||||||
26 | court approved plan
including but not limited to the |
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1 | defendant's:
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2 | (i) removal from the household;
| ||||||
3 | (ii) restricted contact with the victim;
| ||||||
4 | (iii) continued financial support of the | ||||||
5 | family;
| ||||||
6 | (iv) restitution for harm done to the victim; | ||||||
7 | and
| ||||||
8 | (v) compliance with any other measures that | ||||||
9 | the court may
deem appropriate; and
| ||||||
10 | (2) the court orders the defendant to pay for the | ||||||
11 | victim's counseling
services, to the extent that the court | ||||||
12 | finds, after considering the
defendant's income and | ||||||
13 | assets, that the defendant is financially capable of
paying | ||||||
14 | for such services, if the victim was under 18 years of age | ||||||
15 | at the
time the offense was committed and requires | ||||||
16 | counseling as a result of the
offense.
| ||||||
17 | Probation may be revoked or modified pursuant to Section | ||||||
18 | 5-6-4; except
where the court determines at the hearing that | ||||||
19 | the defendant violated a
condition of his or her probation | ||||||
20 | restricting contact with the victim or
other family members or | ||||||
21 | commits another offense with the victim or other
family | ||||||
22 | members, the court shall revoke the defendant's probation and
| ||||||
23 | impose a term of imprisonment.
| ||||||
24 | For the purposes of this Section, "family member" and | ||||||
25 | "victim" shall have
the meanings ascribed to them in Section | ||||||
26 | 11-0.1 of the Criminal Code of
1961.
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| |||||||
1 | (f) (Blank).
| ||||||
2 | (g) Whenever a defendant is convicted of an offense under | ||||||
3 | Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60,
11-14, | ||||||
4 | 11-14.3, 11-14.4 except for an offense that involves keeping a | ||||||
5 | place of juvenile prostitution, 11-15, 11-15.1, 11-16, 11-17, | ||||||
6 | 11-18, 11-18.1, 11-19, 11-19.1, 11-19.2,
12-13, 12-14, | ||||||
7 | 12-14.1, 12-15 or 12-16 of the Criminal Code of 1961,
the | ||||||
8 | defendant shall undergo medical testing to
determine whether | ||||||
9 | the defendant has any sexually transmissible disease,
| ||||||
10 | including a test for infection with human immunodeficiency | ||||||
11 | virus (HIV) or
any other identified causative agent of acquired | ||||||
12 | immunodeficiency syndrome
(AIDS). Any such medical test shall | ||||||
13 | be performed only by appropriately
licensed medical | ||||||
14 | practitioners and may include an analysis of any bodily
fluids | ||||||
15 | as well as an examination of the defendant's person.
Except as | ||||||
16 | otherwise provided by law, the results of such test shall be | ||||||
17 | kept
strictly confidential by all medical personnel involved in | ||||||
18 | the testing and must
be personally delivered in a sealed | ||||||
19 | envelope to the judge of the court in which
the conviction was | ||||||
20 | entered for the judge's inspection in camera. Acting in
| ||||||
21 | accordance with the best interests of the victim and the | ||||||
22 | public, the judge
shall have the discretion to determine to | ||||||
23 | whom, if anyone, the results of the
testing may be revealed. | ||||||
24 | The court shall notify the defendant
of the test results. The | ||||||
25 | court shall
also notify the victim if requested by the victim, | ||||||
26 | and if the victim is under
the age of 15 and if requested by the |
| |||||||
| |||||||
1 | victim's parents or legal guardian, the
court shall notify the | ||||||
2 | victim's parents or legal guardian of the test
results.
The | ||||||
3 | court shall provide information on the availability of HIV | ||||||
4 | testing
and counseling at Department of Public Health | ||||||
5 | facilities to all parties to
whom the results of the testing | ||||||
6 | are revealed and shall direct the State's
Attorney to provide | ||||||
7 | the information to the victim when possible.
A State's Attorney | ||||||
8 | may petition the court to obtain the results of any HIV test
| ||||||
9 | administered under this Section, and the court shall grant the | ||||||
10 | disclosure if
the State's Attorney shows it is relevant in | ||||||
11 | order to prosecute a charge of
criminal transmission of HIV | ||||||
12 | under Section 12-5.01 or 12-16.2 of the Criminal Code of 1961
| ||||||
13 | against the defendant. The court shall order that the cost of | ||||||
14 | any such test
shall be paid by the county and may be taxed as | ||||||
15 | costs against the convicted
defendant.
| ||||||
16 | (g-5) When an inmate is tested for an airborne communicable | ||||||
17 | disease, as
determined by the Illinois Department of Public | ||||||
18 | Health including but not
limited to tuberculosis, the results | ||||||
19 | of the test shall be
personally delivered by the warden or his | ||||||
20 | or her designee in a sealed envelope
to the judge of the court | ||||||
21 | in which the inmate must appear for the judge's
inspection in | ||||||
22 | camera if requested by the judge. Acting in accordance with the
| ||||||
23 | best interests of those in the courtroom, the judge shall have | ||||||
24 | the discretion
to determine what if any precautions need to be | ||||||
25 | taken to prevent transmission
of the disease in the courtroom.
| ||||||
26 | (h) Whenever a defendant is convicted of an offense under |
| |||||||
| |||||||
1 | Section 1 or 2
of the Hypodermic Syringes and Needles Act, the | ||||||
2 | defendant shall undergo
medical testing to determine whether | ||||||
3 | the defendant has been exposed to human
immunodeficiency virus | ||||||
4 | (HIV) or any other identified causative agent of
acquired | ||||||
5 | immunodeficiency syndrome (AIDS). Except as otherwise provided | ||||||
6 | by
law, the results of such test shall be kept strictly | ||||||
7 | confidential by all
medical personnel involved in the testing | ||||||
8 | and must be personally delivered in a
sealed envelope to the | ||||||
9 | judge of the court in which the conviction was entered
for the | ||||||
10 | judge's inspection in camera. Acting in accordance with the | ||||||
11 | best
interests of the public, the judge shall have the | ||||||
12 | discretion to determine to
whom, if anyone, the results of the | ||||||
13 | testing may be revealed. The court shall
notify the defendant | ||||||
14 | of a positive test showing an infection with the human
| ||||||
15 | immunodeficiency virus (HIV). The court shall provide | ||||||
16 | information on the
availability of HIV testing and counseling | ||||||
17 | at Department of Public Health
facilities to all parties to | ||||||
18 | whom the results of the testing are revealed and
shall direct | ||||||
19 | the State's Attorney to provide the information to the victim | ||||||
20 | when
possible. A State's Attorney may petition the court to | ||||||
21 | obtain the results of
any HIV test administered under this | ||||||
22 | Section, and the court shall grant the
disclosure if the | ||||||
23 | State's Attorney shows it is relevant in order to prosecute a
| ||||||
24 | charge of criminal transmission of HIV under Section 12-5.01 or | ||||||
25 | 12-16.2 of the Criminal
Code of 1961 against the defendant. The | ||||||
26 | court shall order that the cost of any
such test shall be paid |
| |||||||
| |||||||
1 | by the county and may be taxed as costs against the
convicted | ||||||
2 | defendant.
| ||||||
3 | (i) All fines and penalties imposed under this Section for | ||||||
4 | any violation
of Chapters 3, 4, 6, and 11 of the Illinois | ||||||
5 | Vehicle Code, or a similar
provision of a local ordinance, and | ||||||
6 | any violation
of the Child Passenger Protection Act, or a | ||||||
7 | similar provision of a local
ordinance, shall be collected and | ||||||
8 | disbursed by the circuit
clerk as provided under Section 27.5 | ||||||
9 | of the Clerks of Courts Act.
| ||||||
10 | (j) In cases when prosecution for any violation of Section | ||||||
11 | 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-8,
11-9, | ||||||
12 | 11-11, 11-14, 11-14.3, 11-14.4, 11-15, 11-15.1, 11-16, 11-17, | ||||||
13 | 11-17.1, 11-18, 11-18.1,
11-19, 11-19.1, 11-19.2, 11-20.1, | ||||||
14 | 11-20.1B, 11-20.3, 11-21, 11-30, 11-40, 12-13, 12-14, 12-14.1, | ||||||
15 | 12-15, or
12-16 of the
Criminal Code of 1961, any violation of | ||||||
16 | the Illinois Controlled Substances Act,
any violation of the | ||||||
17 | Cannabis Control Act, or any violation of the Methamphetamine | ||||||
18 | Control and Community Protection Act results in conviction, a
| ||||||
19 | disposition of court supervision, or an order of probation | ||||||
20 | granted under
Section 10 of the Cannabis Control Act, Section | ||||||
21 | 410 of the Illinois
Controlled Substance Act, or Section 70 of | ||||||
22 | the Methamphetamine Control and Community Protection Act of a | ||||||
23 | defendant, the court shall determine whether the
defendant is | ||||||
24 | employed by a facility or center as defined under the Child | ||||||
25 | Care
Act of 1969, a public or private elementary or secondary | ||||||
26 | school, or otherwise
works with children under 18 years of age |
| |||||||
| |||||||
1 | on a daily basis. When a defendant
is so employed, the court | ||||||
2 | shall order the Clerk of the Court to send a copy of
the | ||||||
3 | judgment of conviction or order of supervision or probation to | ||||||
4 | the
defendant's employer by certified mail.
If the employer of | ||||||
5 | the defendant is a school, the Clerk of the Court shall
direct | ||||||
6 | the mailing of a copy of the judgment of conviction or order of
| ||||||
7 | supervision or probation to the appropriate regional | ||||||
8 | superintendent of schools.
The regional superintendent of | ||||||
9 | schools shall notify the State Board of
Education of any | ||||||
10 | notification under this subsection.
| ||||||
11 | (j-5) A defendant at least 17 years of age who is convicted | ||||||
12 | of a felony and
who has not been previously convicted of a | ||||||
13 | misdemeanor or felony and who is
sentenced to a term of | ||||||
14 | imprisonment in the Illinois Department of Corrections
shall as | ||||||
15 | a condition of his or her sentence be required by the court to | ||||||
16 | attend
educational courses designed to prepare the defendant | ||||||
17 | for a high school diploma
and to work toward a high school | ||||||
18 | diploma or to work toward passing the high
school level Test of | ||||||
19 | General Educational Development (GED) or to work toward
| ||||||
20 | completing a vocational training program offered by the | ||||||
21 | Department of
Corrections. If a defendant fails to complete the | ||||||
22 | educational training
required by his or her sentence during the | ||||||
23 | term of incarceration, the Prisoner
Review Board shall, as a | ||||||
24 | condition of mandatory supervised release, require the
| ||||||
25 | defendant, at his or her own expense, to pursue a course of | ||||||
26 | study toward a high
school diploma or passage of the GED test. |
| |||||||
| |||||||
1 | The Prisoner Review Board shall
revoke the mandatory supervised | ||||||
2 | release of a defendant who wilfully fails to
comply with this | ||||||
3 | subsection (j-5) upon his or her release from confinement in a
| ||||||
4 | penal institution while serving a mandatory supervised release | ||||||
5 | term; however,
the inability of the defendant after making a | ||||||
6 | good faith effort to obtain
financial aid or pay for the | ||||||
7 | educational training shall not be deemed a wilful
failure to | ||||||
8 | comply. The Prisoner Review Board shall recommit the defendant
| ||||||
9 | whose mandatory supervised release term has been revoked under | ||||||
10 | this subsection
(j-5) as provided in Section 3-3-9. This | ||||||
11 | subsection (j-5) does not apply to a
defendant who has a high | ||||||
12 | school diploma or has successfully passed the GED
test. This | ||||||
13 | subsection (j-5) does not apply to a defendant who is | ||||||
14 | determined by
the court to be developmentally disabled or | ||||||
15 | otherwise mentally incapable of
completing the educational or | ||||||
16 | vocational program.
| ||||||
17 | (k) (Blank).
| ||||||
18 | (l) (A) Except as provided
in paragraph (C) of subsection | ||||||
19 | (l), whenever a defendant,
who is an alien as defined by | ||||||
20 | the Immigration and Nationality Act, is convicted
of any | ||||||
21 | felony or misdemeanor offense, the court after sentencing | ||||||
22 | the defendant
may, upon motion of the State's Attorney, | ||||||
23 | hold sentence in abeyance and remand
the defendant to the | ||||||
24 | custody of the Attorney General of
the United States or his | ||||||
25 | or her designated agent to be deported when:
| ||||||
26 | (1) a final order of deportation has been issued |
| |||||||
| |||||||
1 | against the defendant
pursuant to proceedings under | ||||||
2 | the Immigration and Nationality Act, and
| ||||||
3 | (2) the deportation of the defendant would not | ||||||
4 | deprecate the seriousness
of the defendant's conduct | ||||||
5 | and would not be inconsistent with the ends of
justice.
| ||||||
6 | Otherwise, the defendant shall be sentenced as | ||||||
7 | provided in this Chapter V.
| ||||||
8 | (B) If the defendant has already been sentenced for a | ||||||
9 | felony or
misdemeanor
offense, or has been placed on | ||||||
10 | probation under Section 10 of the Cannabis
Control Act,
| ||||||
11 | Section 410 of the Illinois Controlled Substances Act, or | ||||||
12 | Section 70 of the Methamphetamine Control and Community | ||||||
13 | Protection Act, the court
may, upon motion of the State's | ||||||
14 | Attorney to suspend the
sentence imposed, commit the | ||||||
15 | defendant to the custody of the Attorney General
of the | ||||||
16 | United States or his or her designated agent when:
| ||||||
17 | (1) a final order of deportation has been issued | ||||||
18 | against the defendant
pursuant to proceedings under | ||||||
19 | the Immigration and Nationality Act, and
| ||||||
20 | (2) the deportation of the defendant would not | ||||||
21 | deprecate the seriousness
of the defendant's conduct | ||||||
22 | and would not be inconsistent with the ends of
justice.
| ||||||
23 | (C) This subsection (l) does not apply to offenders who | ||||||
24 | are subject to the
provisions of paragraph (2) of | ||||||
25 | subsection (a) of Section 3-6-3.
| ||||||
26 | (D) Upon motion of the State's Attorney, if a defendant |
| |||||||
| |||||||
1 | sentenced under
this Section returns to the jurisdiction of | ||||||
2 | the United States, the defendant
shall be recommitted to | ||||||
3 | the custody of the county from which he or she was
| ||||||
4 | sentenced.
Thereafter, the defendant shall be brought | ||||||
5 | before the sentencing court, which
may impose any sentence | ||||||
6 | that was available under Section 5-5-3 at the time of
| ||||||
7 | initial sentencing. In addition, the defendant shall not be | ||||||
8 | eligible for
additional good conduct credit for | ||||||
9 | meritorious service as provided under
Section 3-6-6.
| ||||||
10 | (m) A person convicted of criminal defacement of property | ||||||
11 | under Section
21-1.3 of the Criminal Code of 1961, in which the | ||||||
12 | property damage exceeds $300
and the property damaged is a | ||||||
13 | school building, shall be ordered to perform
community service | ||||||
14 | that may include cleanup, removal, or painting over the
| ||||||
15 | defacement.
| ||||||
16 | (n) The court may sentence a person convicted of a | ||||||
17 | violation of Section
12-19, 12-21, 16-1.3, or 17-56, or | ||||||
18 | subsection (a) or (b) of Section 12-4.4a, of the Criminal Code | ||||||
19 | of 1961 (i) to an impact
incarceration program if the person is | ||||||
20 | otherwise eligible for that program
under Section 5-8-1.1, (ii) | ||||||
21 | to community service, or (iii) if the person is an
addict or | ||||||
22 | alcoholic, as defined in the Alcoholism and Other Drug Abuse | ||||||
23 | and
Dependency Act, to a substance or alcohol abuse program | ||||||
24 | licensed under that
Act. | ||||||
25 | (o) Whenever a person is convicted of a sex offense as | ||||||
26 | defined in Section 2 of the Sex Offender Registration Act, the |
| |||||||
| |||||||
1 | defendant's driver's license or permit shall be subject to | ||||||
2 | renewal on an annual basis in accordance with the provisions of | ||||||
3 | license renewal established by the Secretary of State.
| ||||||
4 | (Source: P.A. 96-348, eff. 8-12-09; 96-400, eff. 8-13-09; | ||||||
5 | 96-829, eff. 12-3-09; 96-1200, eff. 7-22-10; 96-1551, Article | ||||||
6 | 1, Section 970, eff. 7-1-11; 96-1551, Article 2, Section 1065, | ||||||
7 | eff. 7-1-11; 96-1551, Article 10, Section 10-150, eff. 7-1-11; | ||||||
8 | 97-159, eff. 7-21-11; revised 9-14-11.)
|