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| | 102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB1892 Introduced 2/26/2021, by Sen. John F. Curran SYNOPSIS AS INTRODUCED:
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Amends the Unified Code of Corrections. Provides that a period of probation, a term of periodic imprisonment or conditional discharge shall not be imposed for a violation of child pornography when the person possesses any film, videotape, photograph, or other similar visual reproduction or depiction by computer of any child or person with a severe or profound intellectual disability whom the person knows or reasonably should know to be under the age of 18 or to be a person with a severe or profound intellectual disability engaged in sexual activity if the victim is a household or family member of the defendant.
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| | | CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY | |
| | A BILL FOR |
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| | SB1892 | | LRB102 10310 RLC 15637 b |
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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)
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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 imprisonment |
| 12 | | or
conditional discharge shall not be imposed for the |
| 13 | | following offenses.
The court shall sentence the offender to |
| 14 | | not less than the minimum term
of imprisonment set forth in |
| 15 | | this Code for the following offenses, and
may order a fine or |
| 16 | | restitution or both in conjunction with such term of
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| 17 | | imprisonment:
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| 18 | | (A) First degree murder where the death penalty is not |
| 19 | | 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)(1.5) of
Section 401 of that Act which |
| 2 | | relates to more than 5 grams of a substance
containing |
| 3 | | fentanyl or an analog thereof.
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| 4 | | (D-5) A violation of subdivision (c)(1) of
Section 401 |
| 5 | | of the Illinois Controlled Substances Act which relates to |
| 6 | | 3 or more grams of a substance
containing heroin or an |
| 7 | | analog thereof. |
| 8 | | (E) (Blank).
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| 9 | | (F) A Class 1 or greater felony if the offender had |
| 10 | | been convicted
of a Class 1 or greater felony, including |
| 11 | | any state or federal conviction for an offense that |
| 12 | | contained, at the time it was committed, the same elements |
| 13 | | as an offense now (the date of the offense committed after |
| 14 | | the prior Class 1 or greater felony) classified as a Class |
| 15 | | 1 or greater felony, within 10 years of the date on which |
| 16 | | the
offender
committed the offense for which he or she is |
| 17 | | being sentenced, except as
otherwise provided in Section |
| 18 | | 40-10 of the Substance Use Disorder Act.
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| 19 | | (F-3) A Class 2 or greater felony sex offense or |
| 20 | | felony firearm offense if the offender had been convicted |
| 21 | | of a Class 2 or greater felony, including any state or |
| 22 | | federal conviction for an offense that contained, at the |
| 23 | | time it was committed, the same elements as an offense now |
| 24 | | (the date of the offense committed after the prior Class 2 |
| 25 | | or greater felony) classified as a Class 2 or greater |
| 26 | | felony, within 10 years of the date on which the offender |
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| 1 | | committed the offense for which he or she is being |
| 2 | | sentenced, except as otherwise provided in Section 40-10 |
| 3 | | of the Substance Use Disorder Act. |
| 4 | | (F-5) A violation of Section 24-1, 24-1.1, or 24-1.6 |
| 5 | | of the Criminal Code of 1961 or the Criminal Code of 2012 |
| 6 | | for which imprisonment is prescribed in those Sections. |
| 7 | | (G) Residential burglary, except as otherwise provided |
| 8 | | in Section 40-10
of the Substance Use Disorder Act.
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| 9 | | (H) Criminal sexual assault.
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| 10 | | (I) Aggravated battery of a senior citizen as |
| 11 | | described in Section 12-4.6 or subdivision (a)(4) of |
| 12 | | Section 12-3.05 of the Criminal Code of 1961 or the |
| 13 | | Criminal Code of 2012.
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| 14 | | (J) A forcible felony if the offense was related to |
| 15 | | the activities of an
organized gang.
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| 16 | | Before July 1, 1994, for the purposes of this |
| 17 | | paragraph, "organized
gang" means an association of 5 or |
| 18 | | more persons, with an established hierarchy,
that |
| 19 | | encourages members of the association to perpetrate crimes |
| 20 | | or provides
support to the members of the association who |
| 21 | | do commit crimes.
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| 22 | | Beginning July 1, 1994, for the purposes of this |
| 23 | | paragraph,
"organized gang" has the meaning ascribed to it |
| 24 | | in Section 10 of the Illinois
Streetgang Terrorism Omnibus |
| 25 | | Prevention Act.
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| 26 | | (K) Vehicular hijacking.
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| 1 | | (L) A second or subsequent conviction for the offense |
| 2 | | of hate crime
when the underlying offense upon which the |
| 3 | | hate crime is based is felony
aggravated
assault or felony |
| 4 | | mob action.
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| 5 | | (M) A second or subsequent conviction for the offense |
| 6 | | of institutional
vandalism if the damage to the property |
| 7 | | exceeds $300.
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| 8 | | (N) A Class 3 felony violation of paragraph (1) of |
| 9 | | subsection (a) of
Section 2 of the Firearm Owners |
| 10 | | Identification Card Act.
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| 11 | | (O) A violation of Section 12-6.1 or 12-6.5 of the |
| 12 | | Criminal Code of 1961 or the Criminal Code of 2012.
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| 13 | | (P) A violation of paragraph (1), (2), (3), (4), (5), |
| 14 | | or (7) of
subsection (a)
of Section 11-20.1 of the |
| 15 | | Criminal Code of 1961 or the Criminal Code of 2012.
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| 16 | | (P-5) A violation of paragraph (6) of subsection (a) |
| 17 | | of
Section 11-20.1 of the Criminal Code of 1961 or the
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| 18 | | Criminal Code of 2012 if the victim is a household or
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| 19 | | family member of the defendant. |
| 20 | | (Q) A violation of subsection (b) or (b-5) of Section |
| 21 | | 20-1, Section 20-1.2, or Section 20-1.3 of the Criminal |
| 22 | | Code of
1961 or the Criminal Code of 2012.
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| 23 | | (R) A violation of Section 24-3A of the Criminal Code |
| 24 | | of
1961 or the Criminal Code of 2012.
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| 25 | | (S) (Blank).
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| 26 | | (T) (Blank).
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| 1 | | (U) A second or subsequent violation of Section 6-303 |
| 2 | | of the Illinois Vehicle Code committed while his or her |
| 3 | | driver's license, permit, or privilege was revoked because |
| 4 | | of a violation of Section 9-3 of the Criminal Code of 1961 |
| 5 | | or the Criminal Code of 2012, relating to the offense of |
| 6 | | reckless homicide, or a similar provision of a law of |
| 7 | | another state.
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| 8 | | (V)
A violation of paragraph (4) of subsection (c) of |
| 9 | | Section 11-20.1B or paragraph (4) of subsection (c) of |
| 10 | | Section 11-20.3 of the Criminal Code of 1961, or paragraph |
| 11 | | (6) of subsection (a) of Section 11-20.1 of the Criminal |
| 12 | | Code of 2012 when the victim is under 13 years of age and |
| 13 | | the defendant has previously been convicted under the laws |
| 14 | | of this State or any other state of the offense of child |
| 15 | | pornography, aggravated child pornography, aggravated |
| 16 | | criminal sexual abuse, aggravated criminal sexual assault, |
| 17 | | predatory criminal sexual assault of a child, or any of |
| 18 | | the offenses formerly known as rape, deviate sexual |
| 19 | | assault, indecent liberties with a child, or aggravated |
| 20 | | indecent liberties with a child where the victim was under |
| 21 | | the age of 18 years or an offense that is substantially |
| 22 | | equivalent to those offenses. |
| 23 | | (W) A violation of Section 24-3.5 of the Criminal Code |
| 24 | | of 1961 or the Criminal Code of 2012.
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| 25 | | (X) A violation of subsection (a) of Section 31-1a of |
| 26 | | the Criminal Code of 1961 or the Criminal Code of 2012. |
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| 1 | | (Y) A conviction for unlawful possession of a firearm |
| 2 | | by a street gang member when the firearm was loaded or |
| 3 | | contained firearm ammunition. |
| 4 | | (Z) A Class 1 felony committed while he or she was |
| 5 | | serving a term of probation or conditional discharge for a |
| 6 | | felony. |
| 7 | | (AA) Theft of property exceeding $500,000 and not |
| 8 | | exceeding $1,000,000 in value. |
| 9 | | (BB) Laundering of criminally derived property of a |
| 10 | | value exceeding
$500,000. |
| 11 | | (CC) Knowingly selling, offering for sale, holding for |
| 12 | | sale, or using 2,000 or more counterfeit items or |
| 13 | | counterfeit items having a retail value in the aggregate |
| 14 | | of $500,000 or more. |
| 15 | | (DD) A conviction for aggravated assault under |
| 16 | | paragraph (6) of subsection (c) of Section 12-2 of the |
| 17 | | Criminal Code of 1961 or the Criminal Code of 2012 if the |
| 18 | | firearm is aimed toward the person against whom the |
| 19 | | firearm is being used. |
| 20 | | (EE) A conviction for a violation of paragraph (2) of |
| 21 | | subsection (a) of Section 24-3B of the Criminal Code of |
| 22 | | 2012. |
| 23 | | (3) (Blank).
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| 24 | | (4) A minimum term of imprisonment of not less than 10
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| 25 | | consecutive days or 30 days of community service shall be |
| 26 | | imposed for a
violation of paragraph (c) of Section 6-303 of |
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| 1 | | the Illinois Vehicle Code.
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| 2 | | (4.1) (Blank).
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| 3 | | (4.2) Except as provided in paragraphs (4.3) and (4.8) of |
| 4 | | this subsection (c), a
minimum of
100 hours of community |
| 5 | | service shall be imposed for a second violation of
Section |
| 6 | | 6-303
of the Illinois Vehicle Code.
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| 7 | | (4.3) A minimum term of imprisonment of 30 days or 300 |
| 8 | | hours of community
service, as determined by the court, shall
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| 9 | | be imposed for a second violation of subsection (c) of Section |
| 10 | | 6-303 of the
Illinois Vehicle Code.
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| 11 | | (4.4) Except as provided in paragraphs
(4.5), (4.6), and |
| 12 | | (4.9) of this
subsection (c), a
minimum term of imprisonment |
| 13 | | of 30 days or 300 hours of community service, as
determined by |
| 14 | | the court, shall
be imposed
for a third or subsequent |
| 15 | | violation of Section 6-303 of the Illinois Vehicle
Code. The |
| 16 | | court may give credit toward the fulfillment of community |
| 17 | | service hours for participation in activities and treatment as |
| 18 | | determined by court services.
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| 19 | | (4.5) A minimum term of imprisonment of 30 days
shall be |
| 20 | | imposed for a third violation of subsection (c) of
Section |
| 21 | | 6-303 of the Illinois Vehicle Code.
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| 22 | | (4.6) Except as provided in paragraph (4.10) of this |
| 23 | | subsection (c), a minimum term of imprisonment of 180 days |
| 24 | | shall be imposed for a
fourth or subsequent violation of |
| 25 | | subsection (c) of Section 6-303 of the
Illinois Vehicle Code.
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| 26 | | (4.7) A minimum term of imprisonment of not less than 30 |
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| 1 | | consecutive days, or 300 hours of community service, shall be |
| 2 | | imposed for a violation of subsection (a-5) of Section 6-303 |
| 3 | | of the Illinois Vehicle Code, as provided in subsection (b-5) |
| 4 | | of that Section.
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| 5 | | (4.8) A mandatory prison sentence shall be imposed for a |
| 6 | | second violation of subsection (a-5) of Section 6-303 of the |
| 7 | | Illinois Vehicle Code, as provided in subsection (c-5) of that |
| 8 | | Section. The person's driving privileges shall be revoked for |
| 9 | | a period of not less than 5 years from the date of his or her |
| 10 | | release from prison.
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| 11 | | (4.9) A mandatory prison sentence of not less than 4 and |
| 12 | | not more than 15 years shall be imposed for a third violation |
| 13 | | of subsection (a-5) of Section 6-303 of the Illinois Vehicle |
| 14 | | Code, as provided in subsection (d-2.5) of that Section. The |
| 15 | | person's driving privileges shall be revoked for the remainder |
| 16 | | of his or her life.
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| 17 | | (4.10) A mandatory prison sentence for a Class 1 felony |
| 18 | | shall be imposed, and the person shall be eligible for an |
| 19 | | extended term sentence, for a fourth or subsequent violation |
| 20 | | of subsection (a-5) of Section 6-303 of the Illinois Vehicle |
| 21 | | Code, as provided in subsection (d-3.5) of that Section. The |
| 22 | | person's driving privileges shall be revoked for the remainder |
| 23 | | of his or her life.
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| 24 | | (5) The court may sentence a corporation or unincorporated
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| 25 | | association convicted of any offense to:
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| 26 | | (A) a period of conditional discharge;
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| 1 | | (B) a fine;
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| 2 | | (C) make restitution to the victim under Section 5-5-6 |
| 3 | | of this Code.
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| 4 | | (5.1) In addition to any other penalties imposed, and |
| 5 | | except as provided in paragraph (5.2) or (5.3), a person
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| 6 | | convicted of violating subsection (c) of Section 11-907 of the |
| 7 | | Illinois
Vehicle Code shall have his or her driver's license, |
| 8 | | permit, or privileges
suspended for at least 90 days but not |
| 9 | | more than one year, if the violation
resulted in damage to the |
| 10 | | property of another person.
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| 11 | | (5.2) In addition to any other penalties imposed, and |
| 12 | | except as provided in paragraph (5.3), a person convicted
of |
| 13 | | violating subsection (c) of Section 11-907 of the Illinois |
| 14 | | Vehicle Code
shall have his or her driver's license, permit, |
| 15 | | or privileges suspended for at
least 180 days but not more than |
| 16 | | 2 years, if the violation resulted in injury
to
another |
| 17 | | person.
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| 18 | | (5.3) In addition to any other penalties imposed, a person |
| 19 | | convicted of violating subsection (c) of Section
11-907 of the |
| 20 | | Illinois Vehicle Code shall have his or her driver's license,
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| 21 | | permit, or privileges suspended for 2 years, if the violation |
| 22 | | resulted in the
death of another person.
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| 23 | | (5.4) In addition to any other penalties imposed, a person |
| 24 | | convicted of violating Section 3-707 of the Illinois Vehicle |
| 25 | | Code shall have his or her driver's license, permit, or |
| 26 | | privileges suspended for 3 months and until he or she has paid |
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| 1 | | a reinstatement fee of $100. |
| 2 | | (5.5) In addition to any other penalties imposed, a person |
| 3 | | convicted of violating Section 3-707 of the Illinois Vehicle |
| 4 | | Code during a period in which his or her driver's license, |
| 5 | | permit, or privileges were suspended for a previous violation |
| 6 | | of that Section shall have his or her driver's license, |
| 7 | | permit, or privileges suspended for an additional 6 months |
| 8 | | after the expiration of the original 3-month suspension and |
| 9 | | until he or she has paid a 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 a |
| 15 | | 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 for a |
| 18 | | first offense
and $2,000 for a second or subsequent offense |
| 19 | | upon a person convicted of or
placed on supervision for |
| 20 | | battery when the individual harmed was a sports
official or |
| 21 | | coach at any level of competition and the act causing harm to |
| 22 | | the
sports
official or coach occurred within an athletic |
| 23 | | facility or within the immediate vicinity
of the athletic |
| 24 | | facility at which the sports official or coach was an active
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| 25 | | participant
of the athletic contest held at the athletic |
| 26 | | facility. For the purposes of
this paragraph (11), "sports |
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| 1 | | official" means a person at an athletic contest
who enforces |
| 2 | | the rules of the contest, such as an umpire or referee; |
| 3 | | "athletic facility" means an indoor or outdoor playing field |
| 4 | | or recreational area where sports activities are conducted;
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| 5 | | and "coach" means a person recognized as a coach by the |
| 6 | | sanctioning
authority that conducted the sporting event. |
| 7 | | (12) A person may not receive a disposition of court |
| 8 | | supervision for a
violation of Section 5-16 of the Boat |
| 9 | | Registration and Safety Act if that
person has previously |
| 10 | | received a disposition of court supervision for a
violation of |
| 11 | | that Section.
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| 12 | | (13) A person convicted of or placed on court supervision |
| 13 | | for an assault or aggravated assault when the victim and the |
| 14 | | offender are family or household members as defined in Section |
| 15 | | 103 of the Illinois Domestic Violence Act of 1986 or convicted |
| 16 | | of domestic battery or aggravated domestic battery may be |
| 17 | | required to attend a Partner Abuse Intervention Program under |
| 18 | | protocols set forth by the Illinois Department of Human |
| 19 | | Services under such terms and conditions imposed by the court. |
| 20 | | The costs of such classes shall be paid by the offender.
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| 21 | | (d) In any case in which a sentence originally imposed is |
| 22 | | vacated,
the case shall be remanded to the trial court. The |
| 23 | | trial court shall
hold a hearing under Section 5-4-1 of this |
| 24 | | Code
which may include evidence of the defendant's life, moral |
| 25 | | character and
occupation during the time since the original |
| 26 | | sentence was passed. The
trial court shall then impose |
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| 1 | | sentence upon the defendant. The trial
court may impose any |
| 2 | | sentence which could have been imposed at the
original trial |
| 3 | | subject to Section 5-5-4 of this Code.
If a sentence is vacated |
| 4 | | on appeal or on collateral attack due to the
failure of the |
| 5 | | trier of fact at trial to determine beyond a reasonable doubt
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| 6 | | the
existence of a fact (other than a prior conviction) |
| 7 | | necessary to increase the
punishment for the offense beyond |
| 8 | | the statutory maximum otherwise applicable,
either the |
| 9 | | defendant may be re-sentenced to a term within the range |
| 10 | | otherwise
provided or, if the State files notice of its |
| 11 | | intention to again seek the
extended sentence, the defendant |
| 12 | | shall be afforded a new trial.
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| 13 | | (e) In cases where prosecution for
aggravated criminal |
| 14 | | sexual abuse under Section 11-1.60 or 12-16 of the
Criminal |
| 15 | | Code of 1961 or the Criminal Code of 2012 results in conviction |
| 16 | | of a defendant
who was a family member of the victim at the |
| 17 | | time of the commission of the
offense, the court shall |
| 18 | | consider the safety and welfare of the victim and
may impose a |
| 19 | | sentence of probation only where:
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| 20 | | (1) the court finds (A) or (B) or both are |
| 21 | | appropriate:
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| 22 | | (A) the defendant is willing to undergo a court |
| 23 | | approved counseling
program for a minimum duration of |
| 24 | | 2 years; or
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| 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;
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| 3 | | (ii) restricted contact with the victim;
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| 4 | | (iii) continued financial support of the |
| 5 | | family;
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| 6 | | (iv) restitution for harm done to the victim; |
| 7 | | and
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| 8 | | (v) compliance with any other measures that |
| 9 | | the court may
deem appropriate; and
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| 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
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| 14 | | paying for such services, if the victim was under 18 years |
| 15 | | of age at the
time the offense was committed and requires |
| 16 | | counseling as a result of the
offense.
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| 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
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| 23 | | impose a term of imprisonment.
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| 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
2012.
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| 1 | | (f) (Blank).
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| 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 or the |
| 8 | | Criminal Code of 2012,
the defendant shall undergo medical |
| 9 | | testing to
determine whether the defendant has any sexually |
| 10 | | transmissible disease,
including a test for infection with |
| 11 | | human immunodeficiency virus (HIV) or
any other identified |
| 12 | | causative agent of acquired immunodeficiency syndrome
(AIDS). |
| 13 | | Any such medical test shall be performed only by appropriately
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| 14 | | licensed medical practitioners and may include an analysis of |
| 15 | | any bodily
fluids as well as an examination of the defendant's |
| 16 | | person.
Except as otherwise provided by law, the results of |
| 17 | | such test shall be kept
strictly confidential by all medical |
| 18 | | personnel involved in the testing and must
be personally |
| 19 | | delivered in a sealed envelope to the judge of the court in |
| 20 | | which
the conviction was entered for the judge's inspection in |
| 21 | | camera. Acting in
accordance with the best interests of the |
| 22 | | victim and the public, the judge
shall have the discretion to |
| 23 | | determine to whom, if anyone, the results of the
testing may be |
| 24 | | revealed. The court shall notify the defendant
of the test |
| 25 | | results. The court shall
also notify the victim if requested |
| 26 | | by the victim, and if the victim is under
the age of 15 and if |
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| 1 | | requested by the victim's parents or legal guardian, the
court |
| 2 | | shall notify the victim's parents or legal guardian of the |
| 3 | | test
results.
The court shall provide information on the |
| 4 | | availability of HIV testing
and counseling at Department of |
| 5 | | Public Health facilities to all parties to
whom the results of |
| 6 | | the testing are revealed and shall direct the State's
Attorney |
| 7 | | to provide the information to the victim when possible.
A |
| 8 | | State's Attorney may petition the court to obtain the results |
| 9 | | of any HIV test
administered under this Section, and the court |
| 10 | | shall grant the disclosure if
the State's Attorney shows it is |
| 11 | | relevant in order to prosecute a charge of
criminal |
| 12 | | transmission of HIV under Section 12-5.01 or 12-16.2 of the |
| 13 | | Criminal Code of 1961 or the Criminal Code of 2012
against the |
| 14 | | defendant. The court shall order that the cost of any such test
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| 15 | | shall be paid by the county and may be taxed as costs against |
| 16 | | the convicted
defendant.
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| 17 | | (g-5) When an inmate is tested for an airborne |
| 18 | | communicable disease, as
determined by the Illinois Department |
| 19 | | of Public Health including but not
limited to tuberculosis, |
| 20 | | the results of the test shall be
personally delivered by the |
| 21 | | warden or his or her designee in a sealed envelope
to the judge |
| 22 | | of the court in which the inmate must appear for the judge's
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| 23 | | inspection in camera if requested by the judge. Acting in |
| 24 | | accordance with the
best interests of those in the courtroom, |
| 25 | | the judge shall have the discretion
to determine what if any |
| 26 | | precautions need to be taken to prevent transmission
of the |
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| 1 | | disease in the courtroom.
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| 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
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| 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
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| 26 | | charge of criminal transmission of HIV under Section 12-5.01 |
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| 1 | | or 12-16.2 of the Criminal
Code of 1961 or the Criminal Code of |
| 2 | | 2012 against the defendant. The court shall order that the |
| 3 | | cost of any
such test shall be paid by the county and may be |
| 4 | | taxed as costs against the
convicted defendant.
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| 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 the Criminal |
| 11 | | and Traffic Assessment Act.
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| 12 | | (j) In cases when prosecution for any violation of Section |
| 13 | | 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-8,
11-9, |
| 14 | | 11-11, 11-14, 11-14.3, 11-14.4, 11-15, 11-15.1, 11-16, 11-17, |
| 15 | | 11-17.1, 11-18, 11-18.1,
11-19, 11-19.1, 11-19.2, 11-20.1, |
| 16 | | 11-20.1B, 11-20.3, 11-21, 11-30, 11-40, 12-13, 12-14, 12-14.1, |
| 17 | | 12-15, or
12-16 of the
Criminal Code of 1961 or the Criminal |
| 18 | | Code of 2012, any violation of the Illinois Controlled |
| 19 | | Substances Act,
any violation of the Cannabis Control Act, or |
| 20 | | any violation of the Methamphetamine Control and Community |
| 21 | | Protection Act results in conviction, a
disposition of court |
| 22 | | supervision, or an order of probation granted under
Section 10 |
| 23 | | of the Cannabis Control Act, Section 410 of the Illinois
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| 24 | | Controlled Substances Act, or Section 70 of the |
| 25 | | Methamphetamine Control and Community Protection Act of a |
| 26 | | defendant, the court shall determine whether the
defendant is |
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| 1 | | employed by a facility or center as defined under the Child |
| 2 | | Care
Act of 1969, a public or private elementary or secondary |
| 3 | | school, or otherwise
works with children under 18 years of age |
| 4 | | on a daily basis. When a defendant
is so employed, the court |
| 5 | | shall order the Clerk of the Court to send a copy of
the |
| 6 | | judgment of conviction or order of supervision or probation to |
| 7 | | the
defendant's employer by certified mail.
If the employer of |
| 8 | | the defendant is a school, the Clerk of the Court shall
direct |
| 9 | | the mailing of a copy of the judgment of conviction or order of
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| 10 | | supervision or probation to the appropriate regional |
| 11 | | superintendent of schools.
The regional superintendent of |
| 12 | | schools shall notify the State Board of
Education of any |
| 13 | | notification under this subsection.
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| 14 | | (j-5) A defendant at least 17 years of age who is convicted |
| 15 | | of a felony and
who has not been previously convicted of a |
| 16 | | misdemeanor or felony and who is
sentenced to a term of |
| 17 | | imprisonment in the Illinois Department of Corrections
shall |
| 18 | | as a condition of his or her sentence be required by the court |
| 19 | | to attend
educational courses designed to prepare the |
| 20 | | defendant for a high school diploma
and to work toward a high |
| 21 | | school diploma or to work toward passing high school |
| 22 | | equivalency testing or to work toward
completing a vocational |
| 23 | | training program offered by the Department of
Corrections. If |
| 24 | | a defendant fails to complete the educational training
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| 25 | | required by his or her sentence during the term of |
| 26 | | incarceration, the Prisoner
Review Board shall, as a condition |
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| 1 | | of mandatory supervised release, require the
defendant, at his |
| 2 | | or her own expense, to pursue a course of study toward a high
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| 3 | | school diploma or passage of high school equivalency testing. |
| 4 | | The Prisoner Review Board shall
revoke the mandatory |
| 5 | | supervised release of a defendant who wilfully fails to
comply |
| 6 | | with this subsection (j-5) upon his or her release from |
| 7 | | confinement in a
penal institution while serving a mandatory |
| 8 | | supervised release term; however,
the inability of the |
| 9 | | defendant after making a good faith effort to obtain
financial |
| 10 | | aid or pay for the educational training shall not be deemed a |
| 11 | | wilful
failure to comply. The Prisoner Review Board shall |
| 12 | | recommit the defendant
whose mandatory supervised release term |
| 13 | | has been revoked under this subsection
(j-5) as provided in |
| 14 | | Section 3-3-9. This subsection (j-5) does not apply to a
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| 15 | | defendant who has a high school diploma or has successfully |
| 16 | | passed high school equivalency testing. This subsection (j-5) |
| 17 | | does not apply to a defendant who is determined by
the court to |
| 18 | | be a person with a developmental disability or otherwise |
| 19 | | mentally incapable of
completing the educational or vocational |
| 20 | | program.
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| 21 | | (k) (Blank).
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| 22 | | (l) (A) Except as provided
in paragraph (C) of subsection |
| 23 | | (l), whenever a defendant,
who is an alien as defined by the |
| 24 | | Immigration and Nationality Act, is convicted
of any felony or |
| 25 | | misdemeanor offense, the court after sentencing the defendant
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| 26 | | may, upon motion of the State's Attorney, hold sentence in |
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| 1 | | abeyance and remand
the defendant to the custody of the |
| 2 | | Attorney General of
the United States or his or her designated |
| 3 | | agent to be deported when:
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| 4 | | (1) a final order of deportation has been issued |
| 5 | | against the defendant
pursuant to proceedings under the |
| 6 | | Immigration and Nationality Act, and
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| 7 | | (2) the deportation of the defendant would not |
| 8 | | deprecate the seriousness
of the defendant's conduct and |
| 9 | | would not be inconsistent with the ends of
justice.
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| 10 | | Otherwise, the defendant shall be sentenced as provided in |
| 11 | | this Chapter V.
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| 12 | | (B) If the defendant has already been sentenced for a |
| 13 | | felony or
misdemeanor
offense, or has been placed on probation |
| 14 | | under Section 10 of the Cannabis
Control Act,
Section 410 of |
| 15 | | the Illinois Controlled Substances Act, or Section 70 of the |
| 16 | | Methamphetamine Control and Community Protection Act, the |
| 17 | | court
may, upon motion of the State's Attorney to suspend the
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| 18 | | sentence imposed, commit the defendant to the custody of the |
| 19 | | Attorney General
of the United States or his or her designated |
| 20 | | agent when:
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| 21 | | (1) a final order of deportation has been issued |
| 22 | | against the defendant
pursuant to proceedings under the |
| 23 | | Immigration and Nationality Act, and
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| 24 | | (2) the deportation of the defendant would not |
| 25 | | deprecate the seriousness
of the defendant's conduct and |
| 26 | | would not be inconsistent with the ends of
justice.
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| 1 | | (C) This subsection (l) does not apply to offenders who |
| 2 | | are subject to the
provisions of paragraph (2) of subsection |
| 3 | | (a) of Section 3-6-3.
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| 4 | | (D) Upon motion of the State's Attorney, if a defendant |
| 5 | | sentenced under
this Section returns to the jurisdiction of |
| 6 | | the United States, the defendant
shall be recommitted to the |
| 7 | | custody of the county from which he or she was
sentenced.
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| 8 | | Thereafter, the defendant shall be brought before the |
| 9 | | sentencing court, which
may impose any sentence that was |
| 10 | | available under Section 5-5-3 at the time of
initial |
| 11 | | sentencing. In addition, the defendant shall not be eligible |
| 12 | | for
additional earned sentence credit as provided under
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| 13 | | Section 3-6-3.
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| 14 | | (m) A person convicted of criminal defacement of property |
| 15 | | under Section
21-1.3 of the Criminal Code of 1961 or the |
| 16 | | Criminal Code of 2012, in which the property damage exceeds |
| 17 | | $300
and the property damaged is a school building, shall be |
| 18 | | ordered to perform
community service that may include cleanup, |
| 19 | | removal, or painting over the
defacement.
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| 20 | | (n) The court may sentence a person convicted of a |
| 21 | | violation of Section
12-19, 12-21, 16-1.3, or 17-56, or |
| 22 | | subsection (a) or (b) of Section 12-4.4a, of the Criminal Code |
| 23 | | of 1961 or the Criminal Code of 2012 (i) to an impact
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| 24 | | incarceration program if the person is otherwise eligible for |
| 25 | | that program
under Section 5-8-1.1, (ii) to community service, |
| 26 | | or (iii) if the person has a substance use disorder, as defined
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| 1 | | in the Substance Use Disorder Act, to a treatment program
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| 2 | | licensed under that Act. |
| 3 | | (o) Whenever a person is convicted of a sex offense as |
| 4 | | defined in Section 2 of the Sex Offender Registration Act, the |
| 5 | | defendant's driver's license or permit shall be subject to |
| 6 | | renewal on an annual basis in accordance with the provisions |
| 7 | | of license renewal established by the Secretary of State.
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| 8 | | (Source: P.A. 100-575, eff. 1-8-18; 100-759, eff. 1-1-19; |
| 9 | | 100-987, eff. 7-1-19; 101-81, eff. 7-12-19.)
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