093_HB0571sam003

 










                                     LRB093 05559 RLC 16410 a

 1                     AMENDMENT TO HOUSE BILL 571

 2        AMENDMENT NO.     .  Amend House Bill  571  by  replacing
 3    everything after the enacting clause with the following:

 4        "Section  5.   The Unified Code of Corrections is amended
 5    by changing Section 5-5-3 as follows:

 6        (730 ILCS 5/5-5-3) (from Ch. 38, par. 1005-5-3)
 7        Sec. 5-5-3.  Disposition.
 8        (a)  Every  person  convicted  of  an  offense  shall  be
 9    sentenced as provided in this Section.
10        (b)  The   following   options   shall   be   appropriate
11    dispositions, alone or in combination, for all  felonies  and
12    misdemeanors other than those identified in subsection (c) of
13    this Section:
14             (1)  A period of probation.
15             (2)  A term of periodic imprisonment.
16             (3)  A term of conditional discharge.
17             (4)  A term of imprisonment.
18             (5)  An order directing the offender to clean up and
19        repair  the  damage,  if the offender was convicted under
20        paragraph (h) of Section 21-1 of  the  Criminal  Code  of
21        1961.
22             (6)  A fine.
 
                            -2-      LRB093 05559 RLC 16410 a
 1             (7)  An   order   directing  the  offender  to  make
 2        restitution to the victim under  Section  5-5-6  of  this
 3        Code.
 4             (8)  A  sentence of participation in a county impact
 5        incarceration program under Section 5-8-1.2 of this Code.
 6        Whenever an individual is sentenced for an offense  based
 7    upon  an  arrest  for  a  violation  of Section 11-501 of the
 8    Illinois Vehicle Code, or a  similar  provision  of  a  local
 9    ordinance,   and   the   professional  evaluation  recommends
10    remedial or rehabilitative treatment  or  education,  neither
11    the treatment nor the education shall be the sole disposition
12    and  either  or  both may be imposed only in conjunction with
13    another disposition. The court shall monitor compliance  with
14    any remedial education or treatment recommendations contained
15    in  the professional evaluation.  Programs conducting alcohol
16    or other  drug  evaluation  or  remedial  education  must  be
17    licensed  by  the  Department of Human Services.  However, if
18    the individual is not a resident of Illinois, the  court  may
19    accept  an  alcohol  or  other  drug  evaluation  or remedial
20    education  program  in  the  state   of   such   individual's
21    residence.   Programs  providing  treatment  must be licensed
22    under  existing  applicable  alcoholism  and  drug  treatment
23    licensure standards.
24        In addition to any other fine or penalty required by law,
25    any individual convicted of a violation of Section 11-501  of
26    the  Illinois  Vehicle  Code  or a similar provision of local
27    ordinance, whose  operation  of  a  motor  vehicle  while  in
28    violation  of  Section  11-501  or such ordinance proximately
29    caused an incident  resulting  in  an  appropriate  emergency
30    response,  shall  be required to make restitution to a public
31    agency for  the  costs  of  that  emergency  response.   Such
32    restitution  shall not exceed $500 per public agency for each
33    such emergency response.  For the purpose of this  paragraph,
34    emergency  response  shall  mean  any  incident  requiring  a
 
                            -3-      LRB093 05559 RLC 16410 a
 1    response  by: a police officer as defined under Section 1-162
 2    of the Illinois Vehicle Code; a fireman carried on the  rolls
 3    of  a regularly constituted fire department; and an ambulance
 4    as defined under Section 3.85 4.05 of the  Emergency  Medical
 5    Services (EMS) Systems Act.
 6        Neither   a  fine  nor  restitution  shall  be  the  sole
 7    disposition for a felony and either or both  may  be  imposed
 8    only in conjunction with another disposition.
 9        (c) (1)  When a defendant is found guilty of first degree
10        murder   the   State   may  either  seek  a  sentence  of
11        imprisonment under Section 5-8-1 of this Code,  or  where
12        appropriate seek a sentence of death under Section 9-1 of
13        the Criminal Code of 1961.
14             (2)  A  period  of  probation,  a  term  of periodic
15        imprisonment  or  conditional  discharge  shall  not   be
16        imposed  for  the  following  offenses.  The  court shall
17        sentence the offender to not less than the  minimum  term
18        of  imprisonment set forth in this Code for the following
19        offenses, and may order a fine or restitution or both  in
20        conjunction with such term of imprisonment:
21                  (A)  First   degree   murder  where  the  death
22             penalty is not imposed.
23                  (B)  Attempted first degree murder.
24                  (C)  A Class X felony.
25                  (D)  A violation of Section 401.1 or 407 of the
26             Illinois Controlled Substances Act, or  a  violation
27             of  subdivision  (c)(1)  or (c)(2) of Section 401 of
28             that Act which relates to more than  5  grams  of  a
29             substance  containing heroin or cocaine or an analog
30             thereof.
31                  (E)  A violation of Section 5.1  or  9  of  the
32             Cannabis Control Act.
33                  (F)  A   Class  2  or  greater  felony  if  the
34             offender had been convicted of a Class 2 or  greater
 
                            -4-      LRB093 05559 RLC 16410 a
 1             felony  within  10  years  of  the date on which the
 2             offender committed the offense for which he  or  she
 3             is  being sentenced, except as otherwise provided in
 4             Section 40-10 of the Alcoholism and Other Drug Abuse
 5             and Dependency Act.
 6                  (G)  Residential burglary, except as  otherwise
 7             provided  in  Section  40-10  of  the Alcoholism and
 8             Other Drug Abuse and Dependency Act.
 9                  (H)  Criminal   sexual   assault,   except   as
10             otherwise  provided  in  subsection  (e)   of   this
11             Section.
12                  (I)  Aggravated battery of a senior citizen.
13                  (J)  A  forcible  felony  if  the  offense  was
14             related to the activities of an organized gang.
15                  Before  July  1, 1994, for the purposes of this
16             paragraph, "organized gang" means an association  of
17             5  or  more  persons, with an established hierarchy,
18             that  encourages  members  of  the  association   to
19             perpetrate crimes or provides support to the members
20             of the association who do commit crimes.
21                  Beginning  July  1,  1994,  for the purposes of
22             this paragraph, "organized  gang"  has  the  meaning
23             ascribed  to  it  in  Section  10  of  the  Illinois
24             Streetgang Terrorism Omnibus Prevention Act.
25                  (K)  Vehicular hijacking.
26                  (L)  A  second or subsequent conviction for the
27             offense of hate crime when  the  underlying  offense
28             upon  which  the  hate  crime  is  based  is  felony
29             aggravated assault or felony mob action.
30                  (M)  A  second or subsequent conviction for the
31             offense of institutional vandalism if the damage  to
32             the property exceeds $300.
33                  (N)  A  Class  3  felony violation of paragraph
34             (1) of subsection (a) of Section 2  of  the  Firearm
 
                            -5-      LRB093 05559 RLC 16410 a
 1             Owners Identification Card Act.
 2                  (O)  A  violation  of  Section  12-6.1  of  the
 3             Criminal Code of 1961.
 4                  (P)  A  violation  of  paragraph (1), (2), (3),
 5             (4), (5),  or  (7)  of  subsection  (a)  of  Section
 6             11-20.1 of the Criminal Code of 1961.
 7                  (Q)  A  violation  of  Section  20-1.2  of  the
 8             Criminal Code of 1961.
 9                  (R)  A   violation  of  Section  24-3A  of  the
10             Criminal Code of 1961.
11                  (S)  A violation of Section  11-501(c-1)(3)  of
12             the Illinois Vehicle Code.
13             (3)  A minimum term of imprisonment of not less than
14        5  days  or  30  days  of  community  service  as  may be
15        determined by the court shall be  imposed  for  a  second
16        violation   committed   within  5  years  of  a  previous
17        violation of Section 11-501 of the Illinois Vehicle  Code
18        or  a similar provision of a local ordinance. In the case
19        of a third or subsequent  violation  committed  within  5
20        years  of  a  previous violation of Section 11-501 of the
21        Illinois Vehicle Code or a similar provision of  a  local
22        ordinance,   a   minimum   term  of  either  10  days  of
23        imprisonment or 60 days of  community  service  shall  be
24        imposed.
25             (4)  A minimum term of imprisonment of not less than
26        10 consecutive days or 30 days of community service shall
27        be  imposed  for  a violation of paragraph (c) of Section
28        6-303 of the Illinois Vehicle Code.
29             (4.1)  A minimum term  of  30  consecutive  days  of
30        imprisonment, 40 days of 24 hour periodic imprisonment or
31        720  hours  of community service, as may be determined by
32        the court, shall be imposed for a  violation  of  Section
33        11-501  of  the  Illinois Vehicle Code during a period in
34        which the defendant's driving privileges are  revoked  or
 
                            -6-      LRB093 05559 RLC 16410 a
 1        suspended,  where  the revocation or suspension was for a
 2        violation of Section 11-501 or Section 11-501.1  of  that
 3        Code.
 4             (4.2)  Except as provided in paragraph (4.3) of this
 5        subsection  (c),  a  minimum  of  100  hours of community
 6        service shall  be  imposed  for  a  second  violation  of
 7        Section 6-303 of the Illinois Vehicle Code.
 8             (4.3)  A  minimum term of imprisonment of 30 days or
 9        300 hours of community  service,  as  determined  by  the
10        court,  shall  be  imposed  for  a  second  violation  of
11        subsection  (c)  of Section 6-303 of the Illinois Vehicle
12        Code.
13             (4.4)  Except as provided  in  paragraph  (4.5)  and
14        paragraph (4.6) of this subsection (c), a minimum term of
15        imprisonment  of  30  days  or  300  hours  of  community
16        service, as determined by the court, shall be imposed for
17        a  third  or subsequent violation of Section 6-303 of the
18        Illinois Vehicle Code.
19             (4.5)  A minimum term of  imprisonment  of  30  days
20        shall  be imposed for a third violation of subsection (c)
21        of Section 6-303 of the Illinois Vehicle Code.
22             (4.6)  A minimum term of imprisonment  of  180  days
23        shall  be imposed for a fourth or subsequent violation of
24        subsection (c) of Section 6-303 of the  Illinois  Vehicle
25        Code.
26             (5)  The court may sentence an offender convicted of
27        a business offense or a petty offense or a corporation or
28        unincorporated association convicted of any offense to:
29                  (A)  a period of conditional discharge;
30                  (B)  a fine;
31                  (C)  make   restitution  to  the  victim  under
32             Section 5-5-6 of this Code.
33             (5.1)  In addition to any  penalties  imposed  under
34        paragraph  (5)  of  this  subsection  (c),  and except as
 
                            -7-      LRB093 05559 RLC 16410 a
 1        provided in paragraph (5.2) or (5.3), a person  convicted
 2        of  violating  subsection  (c)  of  Section 11-907 of the
 3        Illinois Vehicle Code shall  have  his  or  her  driver's
 4        license,  permit, or privileges suspended for at least 90
 5        days but  not  more  than  one  year,  if  the  violation
 6        resulted in damage to the property of another person.
 7             (5.2)  In  addition  to  any penalties imposed under
 8        paragraph (5) of  this  subsection  (c),  and  except  as
 9        provided  in  paragraph  (5.3),  a  person  convicted  of
10        violating   subsection  (c)  of  Section  11-907  of  the
11        Illinois Vehicle Code shall  have  his  or  her  driver's
12        license, permit, or privileges suspended for at least 180
13        days but not more than 2 years, if the violation resulted
14        in injury to another person.
15             (5.3)  In  addition  to  any penalties imposed under
16        paragraph (5) of this subsection (c), a person  convicted
17        of  violating  subsection  (c)  of  Section 11-907 of the
18        Illinois Vehicle Code shall  have  his  or  her  driver's
19        license,  permit, or privileges suspended for 2 years, if
20        the violation resulted in the death of another person.
21             (6)  In no case shall an offender be eligible for  a
22        disposition  of  probation or conditional discharge for a
23        Class 1 felony committed while he was serving a  term  of
24        probation or conditional discharge for a felony.
25             (7)  When   a   defendant  is  adjudged  a  habitual
26        criminal under Article 33B of the Criminal Code of  1961,
27        the  court  shall  sentence  the  defendant  to a term of
28        natural life imprisonment.
29             (8)  When a defendant, over the age of 21 years,  is
30        convicted  of  a  Class 1 or Class 2 felony, after having
31        twice been convicted in any state or federal court of  an
32        offense that contains the same elements as an offense now
33        classified  in  Illinois  as  a  Class 2 or greater Class
34        felony and such charges are separately brought and  tried
 
                            -8-      LRB093 05559 RLC 16410 a
 1        and arise out of different series of acts, such defendant
 2        shall  be sentenced as a Class X offender. This paragraph
 3        shall not apply unless (1) the first felony was committed
 4        after the effective date of this amendatory Act of  1977;
 5        and  (2) the second felony was committed after conviction
 6        on the first; and (3)  the  third  felony  was  committed
 7        after  conviction  on the second. A person sentenced as a
 8        Class X offender under this paragraph is not eligible  to
 9        apply  for  treatment  as  a  condition  of  probation as
10        provided by Section 40-10 of  the  Alcoholism  and  Other
11        Drug Abuse and Dependency Act.
12             (9)  A defendant convicted of a second or subsequent
13        offense  of  ritualized abuse of a child may be sentenced
14        to a term of natural life imprisonment.
15             (10)  When  a  person  is  convicted  of   violating
16        Section  11-501 of the Illinois Vehicle Code or a similar
17        provision of a local ordinance, the  following  penalties
18        apply  when his or her blood, breath, or urine was .16 or
19        more based on the definition of blood, breath,  or  urine
20        units  in Section 11-501.2 or that person is convicted of
21        violating Section 11-501 of  the  Illinois  Vehicle  Code
22        while transporting a child under the age of 16:
23                  (A)  For a first violation of subsection (a) of
24             Section  11-501,  in  addition  to any other penalty
25             that may be imposed under subsection (c) of  Section
26             11-501:   a   mandatory  minimum  of  100  hours  of
27             community service and a minimum fine of $500.
28                  (B)  For a second violation of  subsection  (a)
29             of  Section 11-501, in addition to any other penalty
30             that may be imposed under subsection (c) of  Section
31             11-501  within  10  years:  a mandatory minimum of 2
32             days of imprisonment and a minimum fine of $1,250.
33                  (C)  For a third violation of subsection (a) of
34             Section 11-501, in addition  to  any  other  penalty
 
                            -9-      LRB093 05559 RLC 16410 a
 1             that  may be imposed under subsection (c) of Section
 2             11-501 within 20 years: a mandatory  minimum  of  90
 3             days of imprisonment and a minimum fine of $2,500.
 4                  (D)  For  a  fourth  or subsequent violation of
 5             subsection (a) of Section 11-501: ineligibility  for
 6             a sentence of probation or conditional discharge and
 7             a minimum fine of $2,500.
 8        (d)  In  any  case in which a sentence originally imposed
 9    is vacated, the case shall be remanded to  the  trial  court.
10    The  trial  court shall hold a hearing under Section 5-4-1 of
11    the Unified Code of Corrections which may include evidence of
12    the defendant's life, moral character and  occupation  during
13    the  time  since the original sentence was passed.  The trial
14    court shall then impose sentence  upon  the  defendant.   The
15    trial  court  may  impose  any sentence which could have been
16    imposed at the original trial subject to Section 5-5-4 of the
17    Unified Code of Corrections. If  a  sentence  is  vacated  on
18    appeal  or  on  collateral  attack  due to the failure of the
19    trier of fact at trial to determine beyond a reasonable doubt
20    the existence of a  fact  (other  than  a  prior  conviction)
21    necessary  to  increase the punishment for the offense beyond
22    the  statutory  maximum  otherwise  applicable,  either   the
23    defendant  may  be  re-sentenced  to  a term within the range
24    otherwise provided or, if  the  State  files  notice  of  its
25    intention  to again seek the extended sentence, the defendant
26    shall be afforded a new trial.
27        (e)  In  cases  where  prosecution  for  criminal  sexual
28    assault or aggravated criminal  sexual  abuse  under  Section
29    12-13  or  12-16  of  the  Criminal  Code  of 1961 results in
30    conviction of a defendant who was  a  family  member  of  the
31    victim  at  the  time  of  the commission of the offense, the
32    court shall consider the safety and welfare of the victim and
33    may impose a sentence of probation only where:
34             (1)  the  court  finds  (A)  or  (B)  or  both   are
 
                            -10-     LRB093 05559 RLC 16410 a
 1        appropriate:
 2                  (A)  the  defendant  is  willing  to  undergo a
 3             court approved  counseling  program  for  a  minimum
 4             duration of 2 years; or
 5                  (B)  the defendant is willing to participate in
 6             a  court  approved plan including but not limited to
 7             the defendant's:
 8                       (i)  removal from the household;
 9                       (ii)  restricted contact with the victim;
10                       (iii)  continued financial support of  the
11                  family;
12                       (iv)  restitution  for  harm  done  to the
13                  victim; and
14                       (v)  compliance with  any  other  measures
15                  that the court may deem appropriate; and
16             (2)  the  court  orders the defendant to pay for the
17        victim's counseling services,  to  the  extent  that  the
18        court finds, after considering the defendant's income and
19        assets,  that  the  defendant  is  financially capable of
20        paying for such services, if  the  victim  was  under  18
21        years  of  age  at the time the offense was committed and
22        requires counseling as a result of the offense.
23        Probation may be revoked or modified pursuant to  Section
24    5-6-4;  except where the court determines at the hearing that
25    the defendant violated a condition of his  or  her  probation
26    restricting  contact  with the victim or other family members
27    or commits another offense with the victim  or  other  family
28    members, the court shall revoke the defendant's probation and
29    impose a term of imprisonment.
30        For  the  purposes  of  this Section, "family member" and
31    "victim" shall have the meanings ascribed to them in  Section
32    12-12 of the Criminal Code of 1961.
33        (f)  This  Article  shall  not  deprive  a court in other
34    proceedings to order a forfeiture of property, to suspend  or
 
                            -11-     LRB093 05559 RLC 16410 a
 1    cancel  a  license,  to  remove  a  person from office, or to
 2    impose any other civil penalty.
 3        (g)  Whenever a defendant  is  convicted  of  an  offense
 4    under  Sections  11-14,  11-15, 11-15.1, 11-16, 11-17, 11-18,
 5    11-18.1, 11-19,  11-19.1,  11-19.2,  12-13,  12-14,  12-14.1,
 6    12-15  or  12-16  of the Criminal Code of 1961, the defendant
 7    shall  undergo  medical  testing  to  determine  whether  the
 8    defendant has any sexually transmissible disease, including a
 9    test for infection with human immunodeficiency virus (HIV) or
10    any   other   identified   causative   agent   of    acquired
11    immunodeficiency  syndrome  (AIDS).   Any  such  medical test
12    shall be performed only  by  appropriately  licensed  medical
13    practitioners  and  may  include  an  analysis  of any bodily
14    fluids as well as an examination of the  defendant's  person.
15    Except as otherwise provided by law, the results of such test
16    shall  be kept strictly confidential by all medical personnel
17    involved in the testing and must be personally delivered in a
18    sealed envelope to the  judge  of  the  court  in  which  the
19    conviction  was entered for the judge's inspection in camera.
20    Acting in accordance with the best interests  of  the  victim
21    and  the  public,  the  judge  shall  have  the discretion to
22    determine to whom, if anyone, the results of the testing  may
23    be revealed. The court shall notify the defendant of the test
24    results.  The court shall also notify the victim if requested
25    by  the  victim, and if the victim is under the age of 15 and
26    if requested by the victim's parents or legal  guardian,  the
27    court  shall notify the victim's parents or legal guardian of
28    the test results.  The court shall provide information on the
29    availability of HIV testing and counseling at  Department  of
30    Public  Health  facilities to all parties to whom the results
31    of the testing are revealed  and  shall  direct  the  State's
32    Attorney  to  provide  the  information  to  the  victim when
33    possible. A State's Attorney may petition the court to obtain
34    the results of any HIV test administered under this  Section,
 
                            -12-     LRB093 05559 RLC 16410 a
 1    and  the  court  shall  grant  the  disclosure if the State's
 2    Attorney shows it is relevant in order to prosecute a  charge
 3    of  criminal transmission of HIV under Section 12-16.2 of the
 4    Criminal Code of 1961 against the defendant.  The court shall
 5    order that the cost of any such test shall  be  paid  by  the
 6    county  and  may  be  taxed  as  costs  against the convicted
 7    defendant.
 8        (g-5)  When  an  inmate  is  tested   for   an   airborne
 9    communicable   disease,   as   determined   by  the  Illinois
10    Department of Public Health  including  but  not  limited  to
11    tuberculosis,  the  results  of  the test shall be personally
12    delivered by the warden or his or her designee  in  a  sealed
13    envelope  to  the judge of the court in which the inmate must
14    appear for the judge's inspection in camera if  requested  by
15    the  judge.   Acting in accordance with the best interests of
16    those in the courtroom, the judge shall have  the  discretion
17    to  determine  what  if  any  precautions need to be taken to
18    prevent transmission of the disease in the courtroom.
19        (h)  Whenever a defendant  is  convicted  of  an  offense
20    under  Section  1 or 2 of the Hypodermic Syringes and Needles
21    Act, the defendant shall undergo medical testing to determine
22    whether   the   defendant   has   been   exposed   to   human
23    immunodeficiency  virus  (HIV)  or   any   other   identified
24    causative agent of acquired immunodeficiency syndrome (AIDS).
25    Except as otherwise provided by law, the results of such test
26    shall  be kept strictly confidential by all medical personnel
27    involved in the testing and must be personally delivered in a
28    sealed envelope to the  judge  of  the  court  in  which  the
29    conviction  was entered for the judge's inspection in camera.
30    Acting in accordance with the best interests of  the  public,
31    the  judge shall have the discretion to determine to whom, if
32    anyone, the results of the testing may be revealed. The court
33    shall notify the defendant of  a  positive  test  showing  an
34    infection  with  the  human immunodeficiency virus (HIV). The
 
                            -13-     LRB093 05559 RLC 16410 a
 1    court shall provide information on the  availability  of  HIV
 2    testing   and  counseling  at  Department  of  Public  Health
 3    facilities to all parties to whom the results of the  testing
 4    are revealed and shall direct the State's Attorney to provide
 5    the  information  to  the  victim  when  possible.  A State's
 6    Attorney may petition the court to obtain the results of  any
 7    HIV  test  administered  under  this   Section, and the court
 8    shall grant the disclosure if the State's Attorney  shows  it
 9    is  relevant  in  order  to  prosecute  a  charge of criminal
10    transmission of HIV under Section  12-16.2  of  the  Criminal
11    Code  of  1961  against  the defendant. The court shall order
12    that the cost of any such test shall be paid  by  the  county
13    and may be taxed as costs against the convicted defendant.
14        (i)  All  fines  and penalties imposed under this Section
15    for any violation of Chapters 3, 4, 6, and 11 of the Illinois
16    Vehicle Code, or a similar provision of  a  local  ordinance,
17    and any violation of the Child Passenger Protection Act, or a
18    similar  provision  of  a local ordinance, shall be collected
19    and disbursed by the circuit clerk as provided under  Section
20    27.5 of the Clerks of Courts Act.
21        (j)  In  cases  when  prosecution  for  any  violation of
22    Section 11-6,  11-8,  11-9,  11-11,  11-14,  11-15,  11-15.1,
23    11-16,   11-17,  11-17.1,  11-18,  11-18.1,  11-19,  11-19.1,
24    11-19.2, 11-20.1, 11-21, 12-13,  12-14,  12-14.1,  12-15,  or
25    12-16  of  the  Criminal  Code  of 1961, any violation of the
26    Illinois Controlled Substances Act, or any violation  of  the
27    Cannabis  Control Act results in conviction, a disposition of
28    court supervision, or an order  of  probation  granted  under
29    Section  10 of the Cannabis Control Act or Section 410 of the
30    Illinois Controlled Substance Act of a defendant,  the  court
31    shall  determine  whether  the  defendant  is  employed  by a
32    facility or center as defined under the  Child  Care  Act  of
33    1969,  a public or private elementary or secondary school, or
34    otherwise works with children under 18  years  of  age  on  a
 
                            -14-     LRB093 05559 RLC 16410 a
 1    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
 4    to  the  defendant's  employer  by  certified  mail.  If  the
 5    employer of the defendant is a school, the Clerk of the Court
 6    shall direct the  mailing  of  a  copy  of  the  judgment  of
 7    conviction  or  order  of  supervision  or  probation  to the
 8    appropriate regional superintendent of schools.  The regional
 9    superintendent of schools shall notify  the  State  Board  of
10    Education of any notification under this subsection.
11        (j-5)  A  defendant  at  least  17  years  of  age who is
12    convicted of  a  felony  and  who  has  not  been  previously
13    convicted  of a misdemeanor or felony and who is sentenced to
14    a  term  of  imprisonment  in  the  Illinois  Department   of
15    Corrections  shall  as  a condition of his or her sentence be
16    required by the court to attend educational courses  designed
17    to  prepare  the  defendant  for a high school diploma and to
18    work toward a high school diploma or to work  toward  passing
19    the high school level Test of General Educational Development
20    (GED)  or  to  work  toward  completing a vocational training
21    program offered by  the  Department  of  Corrections.   If  a
22    defendant fails to complete the educational training required
23    by  his or her sentence during the term of incarceration, the
24    Prisoner Review Board shall,  as  a  condition  of  mandatory
25    supervised  release, require the defendant, at his or her own
26    expense, to pursue a course of study  toward  a  high  school
27    diploma  or  passage  of  the  GED test.  The Prisoner Review
28    Board shall revoke the  mandatory  supervised  release  of  a
29    defendant  who  wilfully fails to comply with this subsection
30    (j-5) upon his or her release from  confinement  in  a  penal
31    institution  while  serving  a  mandatory  supervised release
32    term; however, the inability of the defendant after making  a
33    good  faith  effort  to  obtain  financial aid or pay for the
34    educational training shall not be deemed a wilful failure  to
 
                            -15-     LRB093 05559 RLC 16410 a
 1    comply.    The  Prisoner  Review  Board  shall  recommit  the
 2    defendant whose mandatory supervised release  term  has  been
 3    revoked  under  this  subsection (j-5) as provided in Section
 4    3-3-9.  This subsection (j-5) does not apply to  a  defendant
 5    who  has a high school diploma or has successfully passed the
 6    GED test. This subsection (j-5) does not apply to a defendant
 7    who is determined by the court to be developmentally disabled
 8    or otherwise mentally incapable of completing the educational
 9    or vocational program.
10        (k)  A court may not impose a sentence or disposition for
11    a felony or misdemeanor that requires  the  defendant  to  be
12    implanted  or  injected  with  or  to  use  any form of birth
13    control.
14        (l) (A)  Except  as  provided   in   paragraph   (C)   of
15        subsection  (l), whenever a defendant, who is an alien as
16        defined  by  the  Immigration  and  Nationality  Act,  is
17        convicted of any felony or misdemeanor offense, the court
18        after sentencing the defendant may, upon  motion  of  the
19        State's  Attorney,  hold  sentence in abeyance and remand
20        the defendant to the custody of the Attorney  General  of
21        the  United  States  or his or her designated agent to be
22        deported when:
23                  (1)  a final  order  of  deportation  has  been
24             issued against the defendant pursuant to proceedings
25             under the Immigration and Nationality Act, and
26                  (2)  the deportation of the defendant would not
27             deprecate the seriousness of the defendant's conduct
28             and  would  not  be  inconsistent  with  the ends of
29             justice.
30             Otherwise,  the  defendant  shall  be  sentenced  as
31        provided in this Chapter V.
32             (B)  If the defendant has already been sentenced for
33        a felony or misdemeanor offense, or has  been  placed  on
34        probation under Section 10 of the Cannabis Control Act or
 
                            -16-     LRB093 05559 RLC 16410 a
 1        Section  410  of  the Illinois Controlled Substances Act,
 2        the court may, upon motion of  the  State's  Attorney  to
 3        suspend the sentence imposed, commit the defendant to the
 4        custody  of  the Attorney General of the United States or
 5        his or her designated agent when:
 6                  (1)  a final  order  of  deportation  has  been
 7             issued against the defendant pursuant to proceedings
 8             under the Immigration and Nationality Act, and
 9                  (2)  the deportation of the defendant would not
10             deprecate the seriousness of the defendant's conduct
11             and  would  not  be  inconsistent  with  the ends of
12             justice.
13             (C)  This subsection (l) does not apply to offenders
14        who are subject to the provisions  of  paragraph  (2)  of
15        subsection (a) of Section 3-6-3.
16             (D)  Upon  motion  of  the  State's  Attorney,  if a
17        defendant sentenced under this  Section  returns  to  the
18        jurisdiction of the United States, the defendant shall be
19        recommitted to the custody of the county from which he or
20        she  was  sentenced.  Thereafter,  the defendant shall be
21        brought before the sentencing court, which may impose any
22        sentence that was available under Section  5-5-3  at  the
23        time  of  initial sentencing.  In addition, the defendant
24        shall not be eligible for additional good conduct  credit
25        for meritorious service as provided under Section 3-6-6.
26        (m)  A   person   convicted  of  criminal  defacement  of
27    property under Section 21-1.3 of the Criminal Code  of  1961,
28    in  which  the  property damage exceeds $300 and the property
29    damaged is a school building, shall  be  ordered  to  perform
30    community  service  that  may  include  cleanup,  removal, or
31    painting over the defacement.
32    (Source: P.A. 91-357,  eff.  7-29-99;  91-404,  eff.  1-1-00;
33    91-663,  eff.  12-22-99;  91-695,  eff. 4-13-00; 91-953, eff.
34    2-23-01; 92-183, eff. 7-27-01; 92-248, eff.  8-3-01;  92-283,
 
                            -17-     LRB093 05559 RLC 16410 a
 1    eff.  1-1-02;  92-340,  eff.  8-10-01;  92-418, eff. 8-17-01;
 2    92-422, eff. 8-17-01;  92-651,  eff.  7-11-02;  92-698,  eff.
 3    7-19-02; revised 2-17-03.)".