96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB6055


 
Introduced 2/10/2010, by Rep. Thomas Holbrook
 
SYNOPSIS AS INTRODUCED:









    



730 ILCS 5/5-5-3
 from Ch. 38, par. 1005-5-3


730 ILCS 5/5-6-1
 from Ch. 38, par. 1005-6-1








 Amends the Unified Code of Corrections. Provides that a person convicted of reckless homicide is ineligible for a period of probation, a term of periodic imprisonment, or
conditional discharge. Effective immediately. 
















LRB096 16799 RLC 32106 b

















CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY
















 


 


A BILL FOR









 











HB6055

LRB096 16799 RLC 32106 b






1
 AN ACT concerning criminal law.


2
 Be it enacted by the People of the State of Illinois,

3
represented in the General Assembly:



4
 Section 5. The Unified Code of Corrections is amended by 
5
changing Sections 5-5-3 and 5-6-1 as follows:




6
 (730 ILCS 5/5-5-3) (from Ch. 38, par. 1005-5-3)

7
 Sec. 5-5-3. Disposition. 

8
 (a) (Blank).

9
 (b) (Blank). 


10
 (c) (1) (Blank).


11
  (2) A period of probation, a term of periodic 
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:


18
   (A) First degree murder where the death penalty is 
19
 not imposed.


20
   (B) Attempted first degree murder.


21
   (C) A Class X felony.


22
   (D) A violation of Section 401.1 or 407 of the

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.


5
   (E) A violation of Section 5.1 or 9 of the Cannabis 
6
 Control
Act.


7
   (F) A Class 2 or greater felony if the offender had 
8
 been convicted
of a Class 2 or greater felony, 
9
 including any state or federal conviction for an 
10
 offense that contained, at the time it was committed, 
11
 the same elements as an offense now (the date of the 
12
 offense committed after the prior Class 2 or greater 
13
 felony) classified as a Class 2 or greater felony, 
14
 within 10 years of the date on which the
offender

15
 committed the offense for which he or she is being 
16
 sentenced, except as
otherwise provided in Section 
17
 40-10 of the Alcoholism and Other Drug Abuse and

18
 Dependency Act.

19
   (F-5) A violation of Section 24-1, 24-1.1, or 
20
 24-1.6 of the Criminal Code of 1961 for which 
21
 imprisonment is prescribed in those Sections.

22
   (G) Residential burglary, except as otherwise 
23
 provided in Section 40-10
of the Alcoholism and Other 
24
 Drug Abuse and Dependency Act.


25
   (H) Criminal sexual assault.


26
   (I) Aggravated battery of a senior citizen.


 


 






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1
   (J) A forcible felony if the offense was related to 
2
 the activities of an
organized gang.


3
   Before July 1, 1994, for the purposes of this 
4
 paragraph, "organized
gang" means an association of 5 
5
 or more persons, with an established hierarchy,
that 
6
 encourages members of the association to perpetrate 
7
 crimes or provides
support to the members of the 
8
 association who do commit crimes.


9
   Beginning July 1, 1994, for the purposes of this 
10
 paragraph,
"organized gang" has the meaning ascribed 
11
 to it in Section 10 of the Illinois
Streetgang 
12
 Terrorism Omnibus Prevention Act.


13
   (K) Vehicular hijacking.


14
   (L) A second or subsequent conviction for the 
15
 offense of hate crime
when the underlying offense upon 
16
 which the hate crime is based is felony
aggravated

17
 assault or felony mob action.


18
   (M) A second or subsequent conviction for the 
19
 offense of institutional
vandalism if the damage to the 
20
 property exceeds $300.


21
   (N) A Class 3 felony violation of paragraph (1) of 
22
 subsection (a) of
Section 2 of the Firearm Owners 
23
 Identification Card Act.


24
   (O) A violation of Section 12-6.1 of the Criminal 
25
 Code of 1961.


26
   (P) A violation of paragraph (1), (2), (3), (4), 
 


 






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1
 (5), or (7) of
subsection (a)
of Section 11-20.1 of the 
2
 Criminal Code of 1961.


3
   (Q) A violation of Section 20-1.2 or 20-1.3 of the 
4
 Criminal Code of
1961.


5
   (R) A violation of Section 24-3A of the Criminal 
6
 Code of
1961.


7
   (S) (Blank).


8
   (T) A second or subsequent violation of the 
9
 Methamphetamine Control and Community Protection Act.
 
10
   (U) A second or subsequent violation of Section 
11
 6-303 of the Illinois Vehicle Code committed while his 
12
 or her driver's license, permit, or privilege was 
13
 revoked because of a violation of Section 9-3 of the 
14
 Criminal Code of 1961, relating to the offense of 
15
 reckless homicide, or a similar provision of a law of 
16
 another state.
 
17
   (V)
A violation of paragraph (4) of subsection (c) 
18
 of Section 11-20.3 of the Criminal Code of 1961. 
19
   (W) A violation of Section 24-3.5 of the Criminal 
20
 Code of 1961.
 
21
   (X) A violation of subsection (a) of Section 31-1a 
22
 of the Criminal Code of 1961.
23
   (Y) A conviction for unlawful possession of a 
24
 firearm by a street gang member when the firearm was 
25
 loaded or contained firearm ammunition. 
26
   (Z) A conviction for reckless homicide. 

 


 






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1
  (3) (Blank).


2
  (4) A minimum term of imprisonment of not less than 10

3
 consecutive days or 30 days of community service shall be 
4
 imposed for a
violation of paragraph (c) of Section 6-303 
5
 of the Illinois Vehicle Code.


6
  (4.1) (Blank).


7
  (4.2) Except as provided in paragraphs (4.3) and (4.8) 
8
 of this subsection (c), a
minimum of
100 hours of community 
9
 service shall be imposed for a second violation of
Section 
10
 6-303
of the Illinois Vehicle Code.


11
  (4.3) A minimum term of imprisonment of 30 days or 300 
12
 hours of community
service, as determined by the court, 
13
 shall
be imposed for a second violation of subsection (c) 
14
 of Section 6-303 of the
Illinois Vehicle Code.


15
  (4.4) Except as provided in paragraphs
(4.5), (4.6), 
16
 and (4.9) of this
subsection (c), a
minimum term of 
17
 imprisonment of 30 days or 300 hours of community service, 
18
 as
determined by the court, shall
be imposed
for a third or 
19
 subsequent violation of Section 6-303 of the Illinois 
20
 Vehicle
Code.


21
  (4.5) A minimum term of imprisonment of 30 days
shall 
22
 be imposed for a third violation of subsection (c) of

23
 Section 6-303 of the Illinois Vehicle Code.


24
  (4.6) Except as provided in paragraph (4.10) of this 
25
 subsection (c), a minimum term of imprisonment of 180 days 
26
 shall be imposed for a
fourth or subsequent violation of 
 


 






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1
 subsection (c) of Section 6-303 of the
Illinois Vehicle 
2
 Code.

3
  (4.7) A minimum term of imprisonment of not less than 
4
 30 consecutive days, or 300 hours of community service, 
5
 shall be imposed for a violation of subsection (a-5) of 
6
 Section 6-303 of the Illinois Vehicle Code, as provided in 
7
 subsection (b-5) of that Section.

8
  (4.8) A mandatory prison sentence shall be imposed for 
9
 a second violation of subsection (a-5) of Section 6-303 of 
10
 the Illinois Vehicle Code, as provided in subsection (c-5) 
11
 of that Section. The person's driving privileges shall be 
12
 revoked for a period of not less than 5 years from the date 
13
 of his or her release from prison.

14
  (4.9) A mandatory prison sentence of not less than 4 
15
 and not more than 15 years shall be imposed for a third 
16
 violation of subsection (a-5) of Section 6-303 of the 
17
 Illinois Vehicle Code, as provided in subsection (d-2.5) of 
18
 that Section. The person's driving privileges shall be 
19
 revoked for the remainder of his or her life.

20
  (4.10) A mandatory prison sentence for a Class 1 felony 
21
 shall be imposed, and the person shall be eligible for an 
22
 extended term sentence, for a fourth or subsequent 
23
 violation of subsection (a-5) of Section 6-303 of the 
24
 Illinois Vehicle Code, as provided in subsection (d-3.5) of 
25
 that Section. The person's driving privileges shall be 
26
 revoked for the remainder of his or her life.


 


 






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1
  (5) The court may sentence a corporation or 
2
 unincorporated
association convicted of any offense to:


3
   (A) a period of conditional discharge;


4
   (B) a fine;


5
   (C) make restitution to the victim under Section 
6
 5-5-6 of this Code.


7
  (5.1) In addition to any other penalties imposed, and 
8
 except as provided in paragraph (5.2) or (5.3), a person

9
 convicted of violating subsection (c) of Section 11-907 of 
10
 the Illinois
Vehicle Code shall have his or her driver's 
11
 license, permit, or privileges
suspended for at least 90 
12
 days but not more than one year, if the violation
resulted 
13
 in damage to the property of another person.


14
  (5.2) In addition to any other penalties imposed, and 
15
 except as provided in paragraph (5.3), a person convicted

16
 of violating subsection (c) of Section 11-907 of the 
17
 Illinois Vehicle Code
shall have his or her driver's 
18
 license, permit, or privileges suspended for at
least 180 
19
 days but not more than 2 years, if the violation resulted 
20
 in injury
to
another person.


21
  (5.3) In addition to any other penalties imposed, a 
22
 person convicted of violating subsection (c) of Section

23
 11-907 of the Illinois Vehicle Code shall have his or her 
24
 driver's license,
permit, or privileges suspended for 2 
25
 years, if the violation resulted in the
death of another 
26
 person.

 


 






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1
  (5.4) In addition to any other penalties imposed, a 
2
 person convicted of violating Section 3-707 of the Illinois 
3
 Vehicle Code shall have his or her driver's license, 
4
 permit, or privileges suspended for 3 months and until he 
5
 or she has paid a reinstatement fee of $100.
6
  (5.5) In addition to any other penalties imposed, a 
7
 person convicted of violating Section 3-707 of the Illinois 
8
 Vehicle Code during a period in which his or her driver's 
9
 license, permit, or privileges were suspended for a 
10
 previous violation of that Section shall have his or her 
11
 driver's license, permit, or privileges suspended for an 
12
 additional 6 months after the expiration of the original 
13
 3-month suspension and until he or she has paid a 
14
 reinstatement fee of $100.


15
  (6) (Blank).


16
  (7) (Blank).


17
  (8) (Blank).


18
  (9) A defendant convicted of a second or subsequent 
19
 offense of ritualized
abuse of a child may be sentenced to 
20
 a term of natural life imprisonment.


21
  (10) (Blank).

22
  (11) The court shall impose a minimum fine of $1,000 
23
 for a first offense
and $2,000 for a second or subsequent 
24
 offense upon a person convicted of or
placed on supervision 
25
 for battery when the individual harmed was a sports

26
 official or coach at any level of competition and the act 
 


 






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1
 causing harm to the
sports
official or coach occurred 
2
 within an athletic facility or within the immediate 
3
 vicinity
of the athletic facility at which the sports 
4
 official or coach was an active
participant
of the athletic 
5
 contest held at the athletic facility. For the purposes of

6
 this paragraph (11), "sports official" means a person at an 
7
 athletic contest
who enforces the rules of the contest, 
8
 such as an umpire or referee; "athletic facility" means an 
9
 indoor or outdoor playing field or recreational area where 
10
 sports activities are conducted;
and "coach" means a person 
11
 recognized as a coach by the sanctioning
authority that 
12
 conducted the sporting event.
13
  (12) A person may not receive a disposition of court 
14
 supervision for a
violation of Section 5-16 of the Boat 
15
 Registration and Safety Act if that
person has previously 
16
 received a disposition of court supervision for a
violation 
17
 of that Section.

18
  (13) A person convicted of or placed on court 
19
 supervision for an assault or aggravated assault when the 
20
 victim and the offender are family or household members as 
21
 defined in Section 103 of the Illinois Domestic Violence 
22
 Act of 1986 or convicted of domestic battery or aggravated 
23
 domestic battery may be required to attend a Partner Abuse 
24
 Intervention Program under protocols set forth by the 
25
 Illinois Department of Human Services under such terms and 
26
 conditions imposed by the court. The costs of such classes 
 


 






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1
 shall be paid by the offender.

2
 (d) In any case in which a sentence originally imposed is 
3
vacated,
the case shall be remanded to the trial court. The 
4
trial court shall
hold a hearing under Section 5-4-1 of the 
5
Unified Code of Corrections
which may include evidence of the 
6
defendant's life, moral character and
occupation during the 
7
time since the original sentence was passed. The
trial court 
8
shall then impose sentence upon the defendant. The trial
court 
9
may impose any sentence which could have been imposed at the

10
original trial subject to Section 5-5-4 of the Unified Code of 
11
Corrections.
If a sentence is vacated on appeal or on 
12
collateral attack due to the
failure of the trier of fact at 
13
trial to determine beyond a reasonable doubt
the
existence of a 
14
fact (other than a prior conviction) necessary to increase the

15
punishment for the offense beyond the statutory maximum 
16
otherwise applicable,
either the defendant may be re-sentenced 
17
to a term within the range otherwise
provided or, if the State 
18
files notice of its intention to again seek the
extended 
19
sentence, the defendant shall be afforded a new trial.

20
 (e) In cases where prosecution for
aggravated criminal 
21
sexual abuse under Section 12-16 of the
Criminal Code of 1961 
22
results in conviction of a defendant
who was a family member of 
23
the victim at the time of the commission of the
offense, the 
24
court shall consider the safety and welfare of the victim and

25
may impose a sentence of probation only where:


26
  (1) the court finds (A) or (B) or both are appropriate:


 


 






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1
   (A) the defendant is willing to undergo a court 
2
 approved counseling
program for a minimum duration of 2 
3
 years; or


4
   (B) the defendant is willing to participate in a 
5
 court approved plan
including but not limited to the 
6
 defendant's:


7
    (i) removal from the household;


8
    (ii) restricted contact with the victim;


9
    (iii) continued financial support of the 
10
 family;


11
    (iv) restitution for harm done to the victim; 
12
 and


13
    (v) compliance with any other measures that 
14
 the court may
deem appropriate; and


15
  (2) the court orders the defendant to pay for the 
16
 victim's counseling
services, to the extent that the court 
17
 finds, after considering the
defendant's income and 
18
 assets, that the defendant is financially capable of
paying 
19
 for such services, if the victim was under 18 years of age 
20
 at the
time the offense was committed and requires 
21
 counseling as a result of the
offense.

22
 Probation may be revoked or modified pursuant to Section 
23
5-6-4; except
where the court determines at the hearing that 
24
the defendant violated a
condition of his or her probation 
25
restricting contact with the victim or
other family members or 
26
commits another offense with the victim or other
family 
 


 






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1
members, the court shall revoke the defendant's probation and

2
impose a term of imprisonment.

3
 For the purposes of this Section, "family member" and 
4
"victim" shall have
the meanings ascribed to them in Section 
5
12-12 of the Criminal Code of
1961.

6
 (f) (Blank).

7
 (g) Whenever a defendant is convicted of an offense under 
8
Sections
11-14, 11-15, 11-15.1, 11-16, 11-17, 11-18, 11-18.1, 
9
11-19, 11-19.1, 11-19.2,
12-13, 12-14, 12-14.1, 12-15 or 12-16 
10
of the Criminal Code of 1961,
the defendant shall undergo 
11
medical testing to
determine whether the defendant has any 
12
sexually transmissible disease,
including a test for infection 
13
with human immunodeficiency virus (HIV) or
any other identified 
14
causative agent of acquired immunodeficiency syndrome
(AIDS). 
15
Any such medical test shall be performed only by appropriately

16
licensed medical practitioners and may include an analysis of 
17
any bodily
fluids as well as an examination of the defendant's 
18
person.
Except as otherwise provided by law, the results of 
19
such test shall be kept
strictly confidential by all medical 
20
personnel involved in the testing and must
be personally 
21
delivered in a sealed envelope to the judge of the court in 
22
which
the conviction was entered for the judge's inspection in 
23
camera. Acting in
accordance with the best interests of the 
24
victim and the public, the judge
shall have the discretion to 
25
determine to whom, if anyone, the results of the
testing may be 
26
revealed. The court shall notify the defendant
of the test 
 


 






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1
results. The court shall
also notify the victim if requested by 
2
the victim, and if the victim is under
the age of 15 and if 
3
requested by the victim's parents or legal guardian, the
court 
4
shall notify the victim's parents or legal guardian of the test

5
results.
The court shall provide information on the 
6
availability of HIV testing
and counseling at Department of 
7
Public Health facilities to all parties to
whom the results of 
8
the testing are revealed and shall direct the State's
Attorney 
9
to provide the information to the victim when possible.
A 
10
State's Attorney may petition the court to obtain the results 
11
of any HIV test
administered under this Section, and the court 
12
shall grant the disclosure if
the State's Attorney shows it is 
13
relevant in order to prosecute a charge of
criminal 
14
transmission of HIV under Section 12-16.2 of the Criminal Code 
15
of 1961
against the defendant. The court shall order that the 
16
cost of any such test
shall be paid by the county and may be 
17
taxed as costs against the convicted
defendant.

18
 (g-5) When an inmate is tested for an airborne communicable 
19
disease, as
determined by the Illinois Department of Public 
20
Health including but not
limited to tuberculosis, the results 
21
of the test shall be
personally delivered by the warden or his 
22
or her designee in a sealed envelope
to the judge of the court 
23
in which the inmate must appear for the judge's
inspection in 
24
camera if requested by the judge. Acting in accordance with the

25
best interests of those in the courtroom, the judge shall have 
26
the discretion
to determine what if any precautions need to be 
 


 






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1
taken to prevent transmission
of the disease in the courtroom.

2
 (h) Whenever a defendant is convicted of an offense under 
3
Section 1 or 2
of the Hypodermic Syringes and Needles Act, the 
4
defendant shall undergo
medical testing to determine whether 
5
the defendant has been exposed to human
immunodeficiency virus 
6
(HIV) or any other identified causative agent of
acquired 
7
immunodeficiency syndrome (AIDS). Except as otherwise provided 
8
by
law, the results of such test shall be kept strictly 
9
confidential by all
medical personnel involved in the testing 
10
and must be personally delivered in a
sealed envelope to the 
11
judge of the court in which the conviction was entered
for the 
12
judge's inspection in camera. Acting in accordance with the 
13
best
interests of the public, the judge shall have the 
14
discretion to determine to
whom, if anyone, the results of the 
15
testing may be revealed. The court shall
notify the defendant 
16
of a positive test showing an infection with the human

17
immunodeficiency virus (HIV). The court shall provide 
18
information on the
availability of HIV testing and counseling 
19
at Department of Public Health
facilities to all parties to 
20
whom the results of the testing are revealed and
shall direct 
21
the State's Attorney to provide the information to the victim 
22
when
possible. A State's Attorney may petition the court to 
23
obtain the results of
any HIV test administered under this 
24
Section, and the court shall grant the
disclosure if the 
25
State's Attorney shows it is relevant in order to prosecute a

26
charge of criminal transmission of HIV under Section 12-16.2 of 
 


 






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1
the Criminal
Code of 1961 against the defendant. The court 
2
shall order that the cost of any
such test shall be paid by the 
3
county and may be taxed as costs against the
convicted 
4
defendant.

5
 (i) All fines and penalties imposed under this Section for 
6
any violation
of Chapters 3, 4, 6, and 11 of the Illinois 
7
Vehicle Code, or a similar
provision of a local ordinance, and 
8
any violation
of the Child Passenger Protection Act, or a 
9
similar provision of a local
ordinance, shall be collected and 
10
disbursed by the circuit
clerk as provided under Section 27.5 
11
of the Clerks of Courts Act.

12
 (j) In cases when prosecution for any violation of Section 
13
11-6, 11-8,
11-9, 11-11, 11-14, 11-15, 11-15.1, 11-16, 11-17, 
14
11-17.1, 11-18, 11-18.1,
11-19, 11-19.1, 11-19.2, 11-20.1, 
15
11-21, 12-13, 12-14, 12-14.1, 12-15, or
12-16 of the
Criminal 
16
Code of 1961, any violation of the Illinois Controlled 
17
Substances Act,
any violation of the Cannabis Control Act, or 
18
any violation of the Methamphetamine Control and Community 
19
Protection Act results in conviction, a
disposition of court 
20
supervision, or an order of probation granted under
Section 10 
21
of the Cannabis Control Act, Section 410 of the Illinois

22
Controlled Substance Act, or Section 70 of the Methamphetamine 
23
Control and Community Protection Act of a defendant, the court 
24
shall determine whether the
defendant is employed by a facility 
25
or center as defined under the Child Care
Act of 1969, a public 
26
or private elementary or secondary school, or otherwise
works 
 


 






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1
with children under 18 years of age on a daily basis. When a 
2
defendant
is so employed, the court shall order the Clerk of 
3
the Court to send a copy of
the judgment of conviction or order 
4
of supervision or probation to the
defendant's employer by 
5
certified mail.
If the employer of the defendant is a school, 
6
the Clerk of the Court shall
direct the mailing of a copy of 
7
the judgment of conviction or order of
supervision or probation 
8
to the appropriate regional superintendent of schools.
The 
9
regional superintendent of schools shall notify the State Board 
10
of
Education of any 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. 
 


 






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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 
 


 






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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 
 


 






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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, or 16-1.3 of the Criminal 
18
Code of 1961 (i) to an impact
incarceration program if the 
19
person is otherwise eligible for that program
under Section 
20
5-8-1.1, (ii) to community service, or (iii) if the person is 
21
an
addict or alcoholic, as defined in the Alcoholism and Other 
22
Drug Abuse and
Dependency Act, to a substance or alcohol abuse 
23
program licensed under that
Act.
24
 (o) Whenever a person is convicted of a sex offense as 
25
defined in Section 2 of the Sex Offender Registration Act, the 
26
defendant's driver's license or permit shall be subject to 
 


 






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1
renewal on an annual basis in accordance with the provisions of 
2
license renewal established by the Secretary of State.


3
(Source: P.A. 95-188, eff. 8-16-07; 95-259, eff. 8-17-07; 
4
95-331, eff. 8-21-07; 95-377, eff. 1-1-08; 95-579, eff. 6-1-08; 
5
95-876, eff. 8-21-08; 95-882, eff. 1-1-09; 95-1052, eff. 
6
7-1-09; 96-348, eff. 8-12-09; 96-400, eff. 8-13-09; 96-829, 
7
eff. 12-3-09.)




8
 (730 ILCS 5/5-6-1) (from Ch. 38, par. 1005-6-1)


9
 Sec. 5-6-1. Sentences of Probation and of Conditional

10
Discharge and Disposition of Supervision.
The General Assembly 
11
finds that in order to protect the public, the
criminal justice 
12
system must compel compliance with the conditions of probation

13
by responding to violations with swift, certain and fair 
14
punishments and
intermediate sanctions. The Chief Judge of each 
15
circuit shall adopt a system of
structured, intermediate 
16
sanctions for violations of the terms and conditions
of a 
17
sentence of probation, conditional discharge or disposition of

18
supervision.

19
 (a) Except where specifically prohibited by other

20
provisions of this Code, the court shall impose a sentence
of 
21
probation or conditional discharge upon an offender
unless, 
22
having regard to the nature and circumstance of
the offense, 
23
and to the history, character and condition
of the offender, 
24
the court is of the opinion that:


25
  (1) his imprisonment or periodic imprisonment is 
 


 






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1
 necessary
for the protection of the public; or


2
  (2) probation or conditional discharge would deprecate

3
 the seriousness of the offender's conduct and would be

4
 inconsistent with the ends of justice; or

5
  (3) a combination of imprisonment with concurrent or 
6
 consecutive probation when an offender has been admitted 
7
 into a drug court program under Section 20 of the Drug 
8
 Court Treatment Act is necessary for the protection of the 
9
 public and for the rehabilitation of the offender.

10
 The court shall impose as a condition of a sentence of 
11
probation,
conditional discharge, or supervision, that the 
12
probation agency may invoke any
sanction from the list of 
13
intermediate sanctions adopted by the chief judge of
the 
14
circuit court for violations of the terms and conditions of the 
15
sentence of
probation, conditional discharge, or supervision, 
16
subject to the provisions of
Section 5-6-4 of this Act.

17
 (b) The court may impose a sentence of conditional

18
discharge for an offense if the court is of the opinion
that 
19
neither a sentence of imprisonment nor of periodic
imprisonment 
20
nor of probation supervision is appropriate.

21
 (b-1) Subsections (a) and (b) of this Section do not apply 
22
to a defendant charged with a misdemeanor or felony under the 
23
Illinois Vehicle Code or reckless homicide under Section 9-3 of 
24
the Criminal Code of 1961 if the defendant within the past 12 
25
months has been convicted of or pleaded guilty to a misdemeanor 
26
or felony under the Illinois Vehicle Code or reckless homicide 
 


 






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1
under Section 9-3 of the Criminal Code of 1961.
2
 (b-2) Subsections (a) and (b) of this Section do not apply 
3
to a defendant charged with reckless homicide under Section 9-3 
4
of the Criminal Code of 1961. 
5
 (c) The court may, upon a plea of guilty or a stipulation

6
by the defendant of the facts supporting the charge or a

7
finding of guilt, defer further proceedings and the
imposition 
8
of a sentence, and enter an order for supervision of the 
9
defendant,
if the defendant is not charged with: (i) a Class A 
10
misdemeanor, as
defined by the following provisions of the 
11
Criminal Code of 1961: Sections
11-9.1; 12-3.2; 12-15; 26-5; 
12
31-1; 31-6; 31-7; subsections (b) and (c) of Section
21-1;

13
paragraph (1) through (5), (8), (10), and (11) of subsection 
14
(a) of Section
24-1; (ii) a Class A misdemeanor violation of 
15
Section
3.01,
3.03-1, or 4.01 of the Humane Care
for Animals 
16
Act; or (iii)
a felony.
If the defendant
is not barred from 
17
receiving an order for supervision as provided in this

18
subsection, the court may enter an order for supervision after 
19
considering the
circumstances of the offense, and the history,

20
character and condition of the offender, if the court is of the 
21
opinion
that:


22
  (1) the offender is not likely to commit further 
23
 crimes;


24
  (2) the defendant and the public would be best served 
25
 if the
defendant were not to receive a criminal record; and


26
  (3) in the best interests of justice an order of 
 


 






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1
 supervision
is more appropriate than a sentence otherwise 
2
 permitted under this Code.

3
 (c-5) Subsections (a), (b), and (c) of this Section do not 
4
apply to a defendant charged with a second or subsequent 
5
violation of Section 6-303 of the Illinois Vehicle Code 
6
committed while his or her driver's license, permit or 
7
privileges were revoked because of a violation of Section 9-3 
8
of the Criminal Code of 1961, relating to the offense of 
9
reckless homicide, or a similar provision of a law of another 
10
state.

11
 (d) The provisions of paragraph (c) shall not apply to a 
12
defendant charged
with violating Section 11-501 of the Illinois 
13
Vehicle Code or a similar
provision of a local
ordinance when 
14
the defendant has previously been:


15
  (1) convicted for a violation of Section 11-501 of
the 
16
 Illinois Vehicle
Code or a similar provision of a
local 
17
 ordinance or any similar law or ordinance of another state; 
18
 or


19
  (2) assigned supervision for a violation of Section 
20
 11-501 of the Illinois
Vehicle Code or a similar provision 
21
 of a local ordinance or any similar law
or ordinance of 
22
 another state; or


23
  (3) pleaded guilty to or stipulated to the facts 
24
 supporting
a charge or a finding of guilty to a violation 
25
 of Section 11-503 of the
Illinois Vehicle Code or a similar 
26
 provision of a local ordinance or any
similar law or 
 


 






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1
 ordinance of another state, and the
plea or stipulation was 
2
 the result of a plea agreement.

3
 The court shall consider the statement of the prosecuting

4
authority with regard to the standards set forth in this 
5
Section.

6
 (e) The provisions of paragraph (c) shall not apply to a 
7
defendant
charged with violating Section 16A-3 of the Criminal 
8
Code of 1961 if said
defendant has within the last 5 years 
9
been:


10
  (1) convicted for a violation of Section 16A-3 of the 
11
 Criminal Code of
1961; or


12
  (2) assigned supervision for a violation of Section 
13
 16A-3 of the Criminal
Code of 1961.

14
 The court shall consider the statement of the prosecuting 
15
authority with
regard to the standards set forth in this 
16
Section.

17
 (f) The provisions of paragraph (c) shall not apply to a 
18
defendant
charged with violating Sections 15-111, 15-112, 
19
15-301, paragraph (b)
of Section 6-104, Section 11-605, Section 
20
11-1002.5, or Section 11-1414
of the Illinois Vehicle Code or a 
21
similar provision of a local ordinance.

22
 (g) Except as otherwise provided in paragraph (i) of this 
23
Section, the
provisions of paragraph (c) shall not apply to a

24
defendant charged with violating Section
3-707, 3-708, 3-710, 
25
or 5-401.3
of the Illinois Vehicle Code or a similar provision 
26
of a local ordinance if the
defendant has within the last 5 
 


 






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1
years been:


2
  (1) convicted for a violation of Section 3-707, 3-708, 
3
 3-710, or 5-401.3
of the Illinois Vehicle Code or a similar 
4
 provision of a local
ordinance; or


5
  (2) assigned supervision for a violation of Section 
6
 3-707, 3-708, 3-710,
or 5-401.3 of the Illinois Vehicle 
7
 Code or a similar provision of a local
ordinance.

8
 The court shall consider the statement of the prosecuting 
9
authority with
regard to the standards set forth in this 
10
Section.

11
 (h) The provisions of paragraph (c) shall not apply to a 
12
defendant under
the age of 21 years charged with violating a 
13
serious traffic offense as defined
in Section 1-187.001 of the 
14
Illinois Vehicle Code:


15
  (1) unless the defendant, upon payment of the fines, 
16
 penalties, and costs
provided by law, agrees to attend and 
17
 successfully complete a traffic safety
program approved by 
18
 the court under standards set by the Conference of Chief

19
 Circuit Judges. The accused shall be responsible for 
20
 payment of any traffic
safety program fees. If the accused 
21
 fails to file a certificate of
successful completion on or 
22
 before the termination date of the supervision
order, the 
23
 supervision shall be summarily revoked and conviction 
24
 entered. The
provisions of Supreme Court Rule 402 relating 
25
 to pleas of guilty do not apply
in cases when a defendant 
26
 enters a guilty plea under this provision; or


 


 






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1
  (2) if the defendant has previously been sentenced 
2
 under the provisions of
paragraph (c) on or after January 
3
 1, 1998 for any serious traffic offense as
defined in 
4
 Section 1-187.001 of the Illinois Vehicle Code.

5
 (h-1) The provisions of paragraph (c) shall not apply to a 
6
defendant under the age of 21 years charged with an offense 
7
against traffic regulations governing the movement of vehicles 
8
or any violation of Section 6-107 or Section 12-603.1 of the 
9
Illinois Vehicle Code, unless the defendant, upon payment of 
10
the fines, penalties, and costs provided by law, agrees to 
11
attend and successfully complete a traffic safety program 
12
approved by the court under standards set by the Conference of 
13
Chief Circuit Judges. The accused shall be responsible for 
14
payment of any traffic safety program fees. If the accused 
15
fails to file a certificate of successful completion on or 
16
before the termination date of the supervision order, the 
17
supervision shall be summarily revoked and conviction entered. 
18
The provisions of Supreme Court Rule 402 relating to pleas of 
19
guilty do not apply in cases when a defendant enters a guilty 
20
plea under this provision.

21
 (i) The provisions of paragraph (c) shall not apply to a 
22
defendant charged
with violating Section 3-707 of the Illinois 
23
Vehicle Code or a similar
provision of a local ordinance if the 
24
defendant has been assigned supervision
for a violation of 
25
Section 3-707 of the Illinois Vehicle Code or a similar

26
provision of a local ordinance.

 


 






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1
 (j) The provisions of paragraph (c) shall not apply to a

2
defendant charged with violating
Section 6-303 of the Illinois 
3
Vehicle Code or a similar provision of
a local ordinance when 
4
the revocation or suspension was for a violation of
Section 
5
11-501 or a similar provision of a local ordinance or a 
6
violation of
Section 11-501.1 or paragraph (b) of Section 
7
11-401 of the Illinois Vehicle
Code if the
defendant has within 
8
the last 10 years been:


9
  (1) convicted for a violation of Section 6-303 of the 
10
 Illinois Vehicle
Code or a similar provision of a local 
11
 ordinance; or


12
  (2) assigned supervision for a violation of Section 
13
 6-303 of the Illinois
Vehicle Code or a similar provision 
14
 of a local ordinance.
15
 (k) The provisions of paragraph (c) shall not apply to a

16
defendant charged with violating
any provision of the Illinois 
17
Vehicle Code or a similar provision of a local ordinance that 
18
governs the movement of vehicles if, within the 12 months 
19
preceding the date of the defendant's arrest, the defendant has 
20
been assigned court supervision on 2 occasions for a violation 
21
that governs the movement of vehicles under the Illinois 
22
Vehicle Code or a similar provision of a local ordinance.
The 
23
provisions of this paragraph (k) do not apply to a defendant 
24
charged with violating Section 11-501 of the Illinois Vehicle 
25
Code or a similar provision of a local ordinance.

26
 (l) A defendant charged with violating any provision of the 
 


 






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1
Illinois Vehicle Code or a similar provision of a local 
2
ordinance who receives a disposition of supervision under 
3
subsection (c) shall pay an additional fee of $29, to be 
4
collected as provided in Sections 27.5 and 27.6 of the Clerks 
5
of Courts Act. In addition to the $29 fee, the person shall 
6
also pay a fee of $6, which, if not waived by the court, shall 
7
be collected as provided in Sections 27.5 and 27.6 of the 
8
Clerks of Courts Act. The $29 fee shall be disbursed as 
9
provided in Section 16-104c of the Illinois Vehicle Code. If 
10
the $6 fee is collected, $5.50 of the fee shall be deposited 
11
into the Circuit Court Clerk Operation and Administrative Fund 
12
created by the Clerk of the Circuit Court and 50 cents of the 
13
fee shall be deposited into the Prisoner Review Board Vehicle 
14
and Equipment Fund in the State treasury.

15
 (m) Any person convicted of, pleading guilty to, or placed 
16
on supervision for a serious traffic violation, as defined in 
17
Section 1-187.001 of the Illinois Vehicle Code, a violation of 
18
Section 11-501 of the Illinois Vehicle Code, or a violation of 
19
a similar provision of a local ordinance shall pay an 
20
additional fee of $20, to be disbursed as provided in Section 
21
16-104d of that Code.
22
 This subsection (m) becomes inoperative 7 years after 
23
October 13, 2007 (the effective date of Public Act 95-154).

24
 (n)
The provisions of paragraph (c) shall not apply to any 
25
person under the age of 18 who commits an offense against 
26
traffic regulations governing the movement of vehicles or any 
 


 






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1
violation of Section 6-107 or Section 12-603.1 of the Illinois 
2
Vehicle Code, except upon personal appearance of the defendant 
3
in court and upon the written consent of the defendant's parent 
4
or legal guardian, executed before the presiding judge. The 
5
presiding judge shall have the authority to waive this 
6
requirement upon the showing of good cause by the defendant.

7
 (o)
The provisions of paragraph (c) shall not apply to a 
8
defendant charged with violating Section 6-303 of the Illinois 
9
Vehicle Code or a similar provision of a local ordinance when 
10
the suspension was for a violation of Section 11-501.1 of the 
11
Illinois Vehicle Code and when:
12
  (1) at the time of the violation of Section 11-501.1 of 
13
 the Illinois Vehicle Code, the defendant was a first 
14
 offender pursuant to Section 11-500 of the Illinois Vehicle 
15
 Code and the defendant failed to obtain a monitoring device 
16
 driving permit; or
17
  (2) at the time of the violation of Section 11-501.1 of 
18
 the Illinois Vehicle Code, the defendant was a first 
19
 offender pursuant to Section 11-500 of the Illinois Vehicle 
20
 Code, had subsequently obtained a monitoring device 
21
 driving permit, but was driving a vehicle not equipped with 
22
 a breath alcohol ignition interlock device as defined in 
23
 Section 1-129.1 of the Illinois Vehicle Code.

24
(Source: P.A. 95-154, eff. 10-13-07; 95-302, eff. 1-1-08; 
25
95-310, eff. 1-1-08; 95-377, eff. 1-1-08; 95-400, eff. 1-1-09; 
26
95-428, 8-24-07; 95-876, eff. 8-21-08; 96-253, eff. 8-11-09; 
 


 






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1
96-286, eff. 8-11-09; 96-328, eff. 8-11-09; 96-625, eff. 
2
1-1-10; revised 10-1-09.)


3
 Section 99. Effective date. This Act takes effect upon 
4
becoming law.