093_HB1237

 
                                     LRB093 04014 DRH 04053 b

 1        AN ACT in relation to vehicles.

 2        Be  it  enacted  by  the People of the State of Illinois,
 3    represented in the General Assembly:

 4        Section 5.  The  Boat  Registration  and  Safety  Act  is
 5    amended  by  changing  Sections  5-16  and  5-16a  and adding
 6    Section 5-16a.1 as follows:

 7        (625 ILCS 45/5-16)
 8        Sec. 5-16.  Operating a watercraft under the influence of
 9    alcohol,  other  drug  or  drugs,  intoxicating  compound  or
10    compounds, or combination thereof.
11        (A) 1.  A person  shall  not  operate  or  be  in  actual
12        physical  control  of  any  watercraft  within this State
13        while:
14                  (a)  The alcohol concentration in such person's
15             blood or breath is a concentration at which  driving
16             a  motor vehicle is prohibited under subdivision (1)
17             of subsection (a) of Section 11-501 of the  Illinois
18             Vehicle Code;
19                  (b)  Under the influence of alcohol;
20                  (c)  Under  the  influence of any other drug or
21             combination of drugs to a degree which renders  such
22             person incapable of safely operating any watercraft;
23                  (c-1)  Under  the influence of any intoxicating
24             compound or combination of intoxicating compounds to
25             a degree that renders the person incapable of safely
26             operating any watercraft;
27                  (d)  Under the combined  influence  of  alcohol
28             and  any  other  drug  or  drugs  to  a degree which
29             renders such person incapable of safely operating  a
30             watercraft; or
31                  (e)  There  is any amount of a drug, substance,
 
                            -2-      LRB093 04014 DRH 04053 b
 1             or compound in the person's blood or urine resulting
 2             from the unlawful use  or  consumption  of  cannabis
 3             listed  as defined in the Cannabis Control Act, or a
 4             controlled  substance   listed   in   the   Illinois
 5             Controlled   Substances   Act,  or  an  intoxicating
 6             compound listed in the Use of Intoxicating Compounds
 7             Act.
 8             2.  The fact that any person charged with  violating
 9        this  Section  is  or  has  been  legally entitled to use
10        alcohol,  or  other  drug  or  drugs,  any   intoxicating
11        compound  or  compounds, or any combination of them both,
12        shall not constitute a  defense  against  any  charge  of
13        violating this Section.
14             3.  Every person convicted of violating this Section
15        shall  be  guilty  of  a  Class  A misdemeanor, except as
16        otherwise provided in this Section.
17             4.  Every person convicted of violating this Section
18        shall be guilty of a Class 4 felony if:
19                  (a)  He has a previous  conviction  under  this
20             Section; or
21                  (b)  The  offense  results  in  personal injury
22             where a person other than the operator suffers great
23             bodily   harm    or    permanent    disability    or
24             disfigurement,  when  the  violation was a proximate
25             cause of the injuries.  A person guilty of a Class 4
26             felony under this subparagraph (b), if sentenced  to
27             a term of imprisonment, shall be sentenced to a term
28             of not less than one year nor more than 12 years; or
29                  (c)  The  offense  occurred  during a period in
30             which his or her privileges to operate a  watercraft
31             are  revoked  or  suspended,  and  the revocation or
32             suspension was for a violation of  this  Section  or
33             was imposed under subsection (B).
34             5.  Every person convicted of violating this Section
 
                            -3-      LRB093 04014 DRH 04053 b
 1        shall  be  guilty  of  a  Class  2  felony if the offense
 2        results in the death of a person. A person  guilty  of  a
 3        Class  2 felony under this paragraph 5, if sentenced to a
 4        term of imprisonment, shall be sentenced to a term of not
 5        less than 3 years and not more than 14 years.
 6             5.1   A person convicted of violating  this  Section
 7        or  a  similar  provision  of a local ordinance who had a
 8        child under the age of 16 aboard the  watercraft  at  the
 9        time of offense is subject to a mandatory minimum fine of
10        $500  and  to a mandatory minimum of  5 days of community
11        service in a program benefiting children.  The assignment
12        under this paragraph 5.1 is not subject to suspension and
13        the person is not eligible  for  probation  in  order  to
14        reduce the assignment.
15             5.2.  A   person  found  guilty  of  violating  this
16        Section, if his or her operation of a watercraft while in
17        violation of this Section proximately caused any incident
18        resulting in an appropriate emergency response, is liable
19        for the expense of  an  emergency  response  as  provided
20        under Section 5-5-3 of the Unified Code of Corrections.
21             5.3.  In   addition   to  any  other  penalties  and
22        liabilities, a person who is found  guilty  of  violating
23        this  Section  ,  including  any  person  placed on court
24        supervision, shall be fined $100, payable to the  circuit
25        clerk,   who  shall  distribute  the  money  to  the  law
26        enforcement agency that made the arrest.   In  the  event
27        that  more than one agency is responsible for the arrest,
28        the $100 shall be shared equally.  Any moneys received by
29        a law enforcement agency under this paragraph  5.3  shall
30        be  used  to  purchase  law  enforcement  equipment or to
31        provide law enforcement training that will assist in  the
32        prevention   of   alcohol   related   criminal   violence
33        throughout  the  State.   Law enforcement equipment shall
34        include, but is not limited  to,  in-car  video  cameras,
 
                            -4-      LRB093 04014 DRH 04053 b
 1        radar  and  laser  speed  detection  devices, and alcohol
 2        breath testers.
 3             6. (a)  In  addition  to  any   criminal   penalties
 4             imposed,  the  Department of Natural Resources shall
 5             suspend the watercraft operation privileges  of  any
 6             person  convicted  or  found guilty of a misdemeanor
 7             under this Section for a period of one year,  except
 8             that  a  first  time  offender  is  exempt from this
 9             mandatory one year suspension.
10                  (b)  In  addition  to  any  criminal  penalties
11             imposed, the Department of Natural  Resources  shall
12             suspend  the  watercraft operation privileges of any
13             person convicted of a felony under this Section  for
14             a period of 3 years.
15        (B) 1.  Any  person who operates or is in actual physical
16        control of any watercraft upon the waters of  this  State
17        shall  be deemed to have given consent to a chemical test
18        or tests of blood, breath or urine  for  the  purpose  of
19        determining  the content of alcohol, other drug or drugs,
20        intoxicating  compound  or  compounds,   or   combination
21        thereof in the content of such person's blood if arrested
22        for  any  offense  of  subsection (A) above. The chemical
23        test or tests shall be administered at the  direction  of
24        the   arresting   officer.  The  law  enforcement  agency
25        employing the officer shall designate which of the  tests
26        shall  be administered.  A urine test may be administered
27        even after a blood  or  breath  test  or  both  has  been
28        administered.
29             (1.1.)  For   the   purposes  of  this  Section,  an
30        Illinois Law Enforcement officer of  this  State  who  is
31        investigating  the  person  for  any  offense  defined in
32        Section 5-16 may travel into an  adjoining  state,  where
33        the  person  has  been  transported  for  medical care to
34        complete an  investigation,  and  may  request  that  the
 
                            -5-      LRB093 04014 DRH 04053 b
 1        person  submit  to  the  test  or tests set forth in this
 2        Section.  The  requirements  of  this  Section  that  the
 3        person  be  arrested  are  inapplicable,  but the officer
 4        shall issue the person a uniform citation for an  offense
 5        as  defined  in  Section 5-16 or a similar provision of a
 6        local ordinance  prior  to  requesting  that  the  person
 7        submit to the test or tests.  The issuance of the uniform
 8        citation shall not constitute an arrest, but shall be for
 9        the  purpose  of  notifying  the person that he or she is
10        subject to the provisions of  this  Section  and  of  the
11        officer's  belief  in  the existence of probable cause to
12        arrest.  Upon returning to this State, the officer  shall
13        file  the  uniform citation with the circuit clerk of the
14        county where the offense was committed and shall seek the
15        issuance of an  arrest  warrant  or  a  summons  for  the
16        person.
17             (1.2.)  Notwithstanding  any ability to refuse under
18        this Act to submit to  these  tests  or  any  ability  to
19        revoke  the  implied  consent  to  these  tests, if a law
20        enforcement officer has probable cause to believe that  a
21        watercraft  operated  by or under actual physical control
22        of a person under the influence of alcohol, other drug or
23        drugs,  intoxicating  compound  or  compounds,   or   any
24        combination  of  them has caused the death of or personal
25        injury to another, that person  shall  submit,  upon  the
26        request  of a law enforcement officer, to a chemical test
27        or tests of his or her blood, breath, or  urine  for  the
28        purpose   of  determining  the  alcohol  content  or  the
29        presence of any other  drug,  intoxicating  compound,  or
30        combination of them.  For the purposes of this Section, a
31        personal   injury   includes   severe   bleeding  wounds,
32        distorted extremities,  and  injuries  that  require  the
33        injured  party to be carried from the scene for immediate
34        professional attention in either a doctor's office  or  a
 
                            -6-      LRB093 04014 DRH 04053 b
 1        medical facility.
 2             2.  Any  person  who  is dead, unconscious or who is
 3        otherwise in a condition rendering such person  incapable
 4        of  refusal,  shall  be  deemed not to have withdrawn the
 5        consent provided above, and the test may be administered.
 6             3.  A person requested to submit to a chemical  test
 7        as  provided  above  shall be verbally advised by the law
 8        enforcement officer requesting the test that a refusal to
 9        submit to the test will  result  in  suspension  of  such
10        person's  privilege to operate a watercraft for a minimum
11        of 2 years. Following this warning,  if  a  person  under
12        arrest  refuses  upon  the  request  of a law enforcement
13        officer to submit to a test designated by the officer, no
14        test none shall be given, but the law enforcement officer
15        shall file with the clerk of the circuit  court  for  the
16        county  in  which  the  arrest  was  made,  and  with the
17        Department of Natural Resources, a sworn statement naming
18        the person refusing to take  and  complete  the  chemical
19        test  or  tests  requested  under  the provisions of this
20        Section.   Such  sworn  statement  shall   identify   the
21        arrested  person, such person's current residence address
22        and shall specify that a refusal by such person  to  take
23        the   chemical  test  or  tests  was  made.   Such  sworn
24        statement shall include a statement  that  the  arresting
25        officer  had  reasonable  cause to believe the person was
26        operating or  was  in  actual  physical  control  of  the
27        watercraft within this State while under the influence of
28        alcohol,  other  drug  or drugs, intoxicating compound or
29        compounds, or combination thereof and that such  chemical
30        test  or  tests were made as an incident to and following
31        the lawful arrest for  an  offense  as  defined  in  this
32        Section  or a similar provision of a local ordinance, and
33        that the person  after  being  arrested  for  an  offense
34        arising  out of acts alleged to have been committed while
 
                            -7-      LRB093 04014 DRH 04053 b
 1        so operating  a  watercraft  refused  to  submit  to  and
 2        complete a chemical test or tests as requested by the law
 3        enforcement officer.
 4             3.1  The  law  enforcement  officer  submitting  the
 5        sworn  statement  as  provided  in  paragraph  3  of this
 6        subsection (B) shall serve immediate written notice  upon
 7        the  person  refusing the chemical test or tests that the
 8        person's privilege to operate a  watercraft  within  this
 9        State  will  be suspended for a period of 2 years unless,
10        within 28 days from the date of the  notice,  the  person
11        requests in writing a hearing on the suspension.
12             The  clerk  shall  thereupon  notify  such person in
13        writing  that  the  person's  privilege  to   operate   a
14        watercraft  will be suspended unless, within 28 days from
15        the date of mailing of  the  notice,  such  person  shall
16        request  in  writing  a  hearing  thereon;  If the person
17        desires a hearing, such person shall file a complaint  in
18        the  circuit  court  for  and in the county in which such
19        person was arrested for such hearing. Such hearing  shall
20        proceed  in  the  court in the same manner as other civil
21        proceedings, shall cover only the issues of  whether  the
22        person  was placed under arrest for an offense as defined
23        in this  Section  or  a  similar  provision  of  a  local
24        ordinance  as  evidenced  by  the  issuance  of a uniform
25        citation; whether the arresting  officer  had  reasonable
26        grounds  to  believe  that  such  person  was operating a
27        watercraft while under the influence  of  alcohol,  other
28        drug  or  drugs,  intoxicating  compound or compounds, or
29        combination thereof; and whether such person  refused  to
30        submit  and  complete the chemical test or tests upon the
31        request of  the  law  enforcement  officer.  Whether  the
32        person  was  informed  that  such  person's  privilege to
33        operate a watercraft would be suspended  if  such  person
34        refused to submit to the chemical test or tests shall not
 
                            -8-      LRB093 04014 DRH 04053 b
 1        be an issue.
 2             If  the person fails to request in writing a hearing
 3        within 28 days from the date of notice, or if  a  hearing
 4        is  held  and  the  court finds against the person on the
 5        issues before the  court,  the  clerk  shall  immediately
 6        notify the Department of Natural Resources of the court's
 7        decision, and the Department shall suspend the watercraft
 8        operation privileges of the person for at least 2 years.
 9             3.2.  If the person submits to a test that discloses
10        an  alcohol  concentration of 0.08 or more, or any amount
11        of a drug, substance  or  intoxicating  compound  in  the
12        person's  breath,  blood,  or  urine  resulting  from the
13        unlawful use of cannabis listed in the  Cannabis  Control
14        Act,  a  controlled  substance  listed  in  the  Illinois
15        Controlled  Substances  Act,  or an intoxicating compound
16        listed in the Use of Intoxicating Compounds Act, the  law
17        enforcement  officer  shall  immediately  submit  a sworn
18        report to the circuit clerk of venue and  the  Department
19        of  Natural  Resources, certifying that the test or tests
20        were requested under paragraph 1 of this  subsection  (B)
21        and  the  person  submitted  to testing that disclosed an
22        alcohol concentration of 0.08 or more.
23             In cases where the blood  alcohol  concentration  of
24        0.08  or  greater  or  any  amount  of drug, substance or
25        compound resulting from the unlawful use of  cannabis,  a
26        controlled  substance  or  an  intoxicating  compound  is
27        established  by  a  subsequent analysis of blood or urine
28        collected at the time of arrest, the arresting officer or
29        arresting agency shall immediately submit a sworn  report
30        to  the  circuit  clerk  of  venue  and the Department of
31        Natural Resources upon receipt of the test results.
32             4.  A person  must  submit  to  each  chemical  test
33        offered by the law enforcement officer in order to comply
34        with the implied consent provisions of this Section.
 
                            -9-      LRB093 04014 DRH 04053 b
 1             5.  The   provisions  of  Section  11-501.2  of  the
 2        Illinois  Vehicle  Code,  as  amended,   concerning   the
 3        certification  and use of chemical tests apply to the use
 4        of such tests under this Section.
 5        (C)  Upon the trial of any civil or  criminal  action  or
 6    proceeding arising out of acts alleged to have been committed
 7    by  any  person  while operating a watercraft while under the
 8    influence of alcohol, the concentration  of  alcohol  in  the
 9    person's  blood  or  breath  at  the time alleged as shown by
10    analysis of a person's blood, urine, breath, or other  bodily
11    substance  shall  give  rise to the presumptions specified in
12    subdivisions 1,  2,  and  3  of  subsection  (b)  of  Section
13    11-501.2   of   the   Illinois  Vehicle  Code. The  foregoing
14    provisions of this subsection (C) shall not be  construed  as
15    limiting  the  introduction  of  any  other relevant evidence
16    bearing upon the question whether the person  was  under  the
17    influence of alcohol.
18        (D)  If  a  person  under  arrest  refuses to submit to a
19    chemical test under the provisions of this Section,  evidence
20    of  refusal  shall  be  admissible  in  any civil or criminal
21    action or proceeding arising out of acts alleged to have been
22    committed while the person under the influence of alcohol, or
23    other drug or drugs, intoxicating compound or  compounds,  or
24    combination of them both was operating a watercraft.
25        (E)  The  owner  of  any  watercraft  or any person given
26    supervisory authority over a watercraft,  may  not  knowingly
27    permit  a  watercraft  to be operated by any person under the
28    influence of  alcohol,  other  drug  or  drugs,  intoxicating
29    compound or compounds, or combination thereof.
30        (F)  Whenever  any person is convicted or found guilty of
31    a violation of this Section, including any person  placed  on
32    court supervision, the court shall notify the Office Division
33    of Law Enforcement of the Department of Natural Resources, to
34    provide  the  Department  with  the records essential for the
 
                            -10-     LRB093 04014 DRH 04053 b
 1    performance of the Department's duties to monitor and enforce
 2    any  order  of  suspension  or  revocation   concerning   the
 3    privilege to operate a watercraft.
 4        (G)  No  person  who  has  been  arrested and charged for
 5    violating paragraph 1 of subsection (A) of this Section shall
 6    operate any watercraft within this State for a period of 24 6
 7    hours after such arrest.
 8    (Source: P.A. 92-615, eff. 1-1-03.)

 9        (625 ILCS 45/5-16a) (from Ch. 95 1/2, par. 315-11a)
10        Sec. 5-16a.  Admissibility of chemical tests  of  written
11    blood alcohol test results conducted in the regular course of
12    providing emergency medical treatment.
13        (a)  Notwithstanding  any  other  provision  of  law, the
14    written results of blood alcohol tests conducted upon persons
15    receiving medical treatment in a hospital emergency room  are
16    admissible  in evidence as a business record exception to the
17    hearsay rule  only  in  prosecutions  for  any  violation  of
18    Section  5-16  of  this Act or a similar provision of a local
19    ordinance or in prosecutions for  reckless  homicide  brought
20    under the Criminal Code of 1961, when:
21             (1)  the    chemical   tests   performed   upon   an
22        individual's blood were ordered in the regular course  of
23        providing  emergency  treatment and not at the request of
24        law enforcement authorities; and
25             (2)  the   chemical   tests   performed   upon    an
26        individual's  blood  were  performed  by  the  laboratory
27        routinely used by the hospital.
28        Results  of chemical tests performed upon an individual's
29    blood are admissible into evidence  regardless  of  the  time
30    that  the  records  were  prepared.  each  of  the  following
31    criteria are met:
32             (1)  the  blood  alcohol  tests  were  ordered  by a
33        physician on duty at the hospital emergency room and were
 
                            -11-     LRB093 04014 DRH 04053 b
 1        performed in the regular course  of  providing  emergency
 2        medical  treatment  in  order  to assist the physician in
 3        diagnosis or treatment;
 4             (2)  the blood alcohol tests were performed  by  the
 5        hospital's own laboratory; and
 6             (3)  the  written results of the blood alcohol tests
 7        were received and considered by the physician on duty  at
 8        the  hospital  emergency room to assist that physician in
 9        diagnosis or treatment.
10        (b)  The confidentiality provisions of law pertaining  to
11    medical records and medical treatment shall not be applicable
12    with regard to chemical blood alcohol tests performed upon an
13    individual's  blood  or  urine  under  the provisions of this
14    Section in prosecutions as specified  in  subsection  (a)  of
15    this Section.  No person shall be liable for civil damages as
16    a  result  of  the evidentiary use of the results of chemical
17    testing of an individual's blood blood alcohol  test  results
18    under  this Section or as a result of that person's testimony
19    made available under this Section.
20    (Source: P.A. 87-803; 88-670, eff. 12-2-94.)

21        (625 ILCS 45/5-16a.1 new)
22        Sec. 5-16a.1. Reporting of test results of blood or urine
23    conducted  in  the  regular  course  of  providing  emergency
24    medical treatment.
25        (a)  Notwithstanding any  other  provision  of  law,  the
26    results  of blood or urine tests performed for the purpose of
27    determining the content of  alcohol,  other  drug  or  drugs,
28    intoxicating  compound  or  compounds,  or any combination of
29    them in  an  individual's  blood  or  urine,  conducted  upon
30    persons  receiving  medical treatment in a hospital emergency
31    room for injuries resulting from a boating accident, shall be
32    disclosed to the Department of Natural Resources or local law
33    enforcement agencies  of  jurisdiction,  upon  request.   The
 
                            -12-     LRB093 04014 DRH 04053 b
 1    blood or urine tests are admissible in evidence as a business
 2    record exception to the hearsay rule only in prosecutions for
 3    violations  of  Section  5-16  of  this  Code  or  a  similar
 4    provision  of  a  local  ordinance,  or  in  prosecutions for
 5    reckless homicide brought under the criminal Code of 1961.
 6        (b)  The confidentiality provisions of the law pertaining
 7    to  medical  records  and  medical  treatment  shall  not  be
 8    applicable  with  regard   to   tests   performed   upon   an
 9    individual's   blood   or   urine  under  the  provisions  of
10    subsection (a) of this Section.   No  person  is  liable  for
11    civil  damages  or  professional  discipline  as  a result of
12    disclosure or reporting of the tests or the  evidentiary  use
13    of  an  individual's  blood  or urine test results under this
14    Section or Section 5-16a, or as a  result  of  that  person's
15    testimony made available under this Section or Section 5-16a,
16    except for willful or wanton misconduct.

17        Section  10.   The Unified Code of Corrections is amended
18    by changing Section 5-5-3 as follows:

19        (730 ILCS 5/5-5-3) (from Ch. 38, par. 1005-5-3)
20        Sec. 5-5-3.  Disposition.
21        (a)  Every  person  convicted  of  an  offense  shall  be
22    sentenced as provided in this Section.
23        (b)  The   following   options   shall   be   appropriate
24    dispositions, alone or in combination, for all  felonies  and
25    misdemeanors other than those identified in subsection (c) of
26    this Section:
27             (1)  A period of probation.
28             (2)  A term of periodic imprisonment.
29             (3)  A term of conditional discharge.
30             (4)  A term of imprisonment.
31             (5)  An order directing the offender to clean up and
32        repair  the  damage,  if the offender was convicted under
 
                            -13-     LRB093 04014 DRH 04053 b
 1        paragraph (h) of Section 21-1 of  the  Criminal  Code  of
 2        1961.
 3             (6)  A fine.
 4             (7)  An   order   directing  the  offender  to  make
 5        restitution to the victim under  Section  5-5-6  of  this
 6        Code.
 7             (8)  A  sentence of participation in a county impact
 8        incarceration program under Section 5-8-1.2 of this Code.
 9        Whenever an individual is sentenced for an offense  based
10    upon  an  arrest  for  a  violation  of Section 11-501 of the
11    Illinois Vehicle Code, or a  similar  provision  of  a  local
12    ordinance,   and   the   professional  evaluation  recommends
13    remedial or rehabilitative treatment  or  education,  neither
14    the treatment nor the education shall be the sole disposition
15    and  either  or  both may be imposed only in conjunction with
16    another disposition. The court shall monitor compliance  with
17    any remedial education or treatment recommendations contained
18    in  the professional evaluation.  Programs conducting alcohol
19    or other  drug  evaluation  or  remedial  education  must  be
20    licensed  by  the  Department of Human Services.  However, if
21    the individual is not a resident of Illinois, the  court  may
22    accept  an  alcohol  or  other  drug  evaluation  or remedial
23    education  program  in  the  state   of   such   individual's
24    residence.   Programs  providing  treatment  must be licensed
25    under  existing  applicable  alcoholism  and  drug  treatment
26    licensure standards.
27        In addition to any other fine or penalty required by law,
28    any individual convicted of a violation of Section 11-501  of
29    the   Illinois   Vehicle  Code,  Section  5-16  of  the  Boat
30    Registration and Safety Act, or a similar provision of  local
31    ordinance,  whose  operation  of  a  motor  vehicle  while in
32    violation of Section 11-501, Section 5-16, or such  ordinance
33    proximately  caused  an  incident resulting in an appropriate
34    emergency response, shall be required to make restitution  to
 
                            -14-     LRB093 04014 DRH 04053 b
 1    a  public  agency  for  the costs of that emergency response.
 2    Such restitution shall not exceed $500 per public agency  for
 3    each  such  emergency  response.   For  the  purpose  of this
 4    paragraph,  emergency  response  shall  mean   any   incident
 5    requiring  a  response  by: a police officer as defined under
 6    Section 1-162 of the Illinois Vehicle Code; a fireman carried
 7    on the rolls of a regularly constituted fire department;  and
 8    an  ambulance  as defined under Section 4.05 of the Emergency
 9    Medical Services (EMS) Systems Act.
10        Neither  a  fine  nor  restitution  shall  be  the   sole
11    disposition  for  a  felony and either or both may be imposed
12    only in conjunction with another disposition.
13        (c) (1)  When a defendant is found guilty of first degree
14        murder  the  State  may  either  seek   a   sentence   of
15        imprisonment  under  Section 5-8-1 of this Code, or where
16        appropriate seek a sentence of death under Section 9-1 of
17        the Criminal Code of 1961.
18             (2)  A period  of  probation,  a  term  of  periodic
19        imprisonment   or  conditional  discharge  shall  not  be
20        imposed for  the  following  offenses.  The  court  shall
21        sentence  the  offender to not less than the minimum term
22        of imprisonment set forth in this Code for the  following
23        offenses,  and may order a fine or restitution or both in
24        conjunction with such term of imprisonment:
25                  (A)  First  degree  murder  where   the   death
26             penalty is not imposed.
27                  (B)  Attempted first degree murder.
28                  (C)  A Class X felony.
29                  (D)  A violation of Section 401.1 or 407 of the
30             Illinois  Controlled  Substances Act, or a violation
31             of subdivision (c)(1) or (c)(2) of  Section  401  of
32             that  Act  which  relates  to more than 5 grams of a
33             substance containing heroin or cocaine or an  analog
34             thereof.
 
                            -15-     LRB093 04014 DRH 04053 b
 1                  (E)  A  violation  of  Section  5.1 or 9 of the
 2             Cannabis Control Act.
 3                  (F)  A  Class  2  or  greater  felony  if   the
 4             offender  had been convicted of a Class 2 or greater
 5             felony within 10 years of  the  date  on  which  the
 6             offender  committed  the offense for which he or she
 7             is being sentenced, except as otherwise provided  in
 8             Section 40-10 of the Alcoholism and Other Drug Abuse
 9             and Dependency Act.
10                  (G)  Residential  burglary, except as otherwise
11             provided in Section  40-10  of  the  Alcoholism  and
12             Other Drug Abuse and Dependency Act.
13                  (H)  Criminal   sexual   assault,   except   as
14             otherwise   provided   in  subsection  (e)  of  this
15             Section.
16                  (I)  Aggravated battery of a senior citizen.
17                  (J)  A  forcible  felony  if  the  offense  was
18             related to the activities of an organized gang.
19                  Before July 1, 1994, for the purposes  of  this
20             paragraph,  "organized gang" means an association of
21             5 or more persons, with  an  established  hierarchy,
22             that   encourages  members  of  the  association  to
23             perpetrate crimes or provides support to the members
24             of the association who do commit crimes.
25                  Beginning July 1, 1994,  for  the  purposes  of
26             this  paragraph,  "organized  gang"  has the meaning
27             ascribed  to  it  in  Section  10  of  the  Illinois
28             Streetgang Terrorism Omnibus Prevention Act.
29                  (K)  Vehicular hijacking.
30                  (L)  A second or subsequent conviction for  the
31             offense  of  hate  crime when the underlying offense
32             upon  which  the  hate  crime  is  based  is  felony
33             aggravated assault or felony mob action.
34                  (M)  A second or subsequent conviction for  the
 
                            -16-     LRB093 04014 DRH 04053 b
 1             offense  of institutional vandalism if the damage to
 2             the property exceeds $300.
 3                  (N)  A Class 3 felony  violation  of  paragraph
 4             (1)  of  subsection  (a) of Section 2 of the Firearm
 5             Owners Identification Card Act.
 6                  (O)  A  violation  of  Section  12-6.1  of  the
 7             Criminal Code of 1961.
 8                  (P)  A violation of paragraph  (1),  (2),  (3),
 9             (4),  (5),  or  (7)  of  subsection  (a)  of Section
10             11-20.1 of the Criminal Code of 1961.
11                  (Q)  A  violation  of  Section  20-1.2  of  the
12             Criminal Code of 1961.
13                  (R)  A  violation  of  Section  24-3A  of   the
14             Criminal Code of 1961.
15                  (S)  A  violation  of Section 11-501(c-1)(3) of
16             the Illinois Vehicle Code.
17             (3)  A minimum term of imprisonment of not less than
18        5 days  or  30  days  of  community  service  as  may  be
19        determined  by  the  court  shall be imposed for a second
20        violation  committed  within  5  years  of   a   previous
21        violation  of Section 11-501 of the Illinois Vehicle Code
22        or a similar provision of a local ordinance. In the  case
23        of  a  third  or  subsequent violation committed within 5
24        years of a previous violation of Section  11-501  of  the
25        Illinois  Vehicle  Code or a similar provision of a local
26        ordinance,  a  minimum  term  of  either   10   days   of
27        imprisonment  or  60  days  of community service shall be
28        imposed.
29             (4)  A minimum term of imprisonment of not less than
30        10 consecutive days or 30 days of community service shall
31        be imposed for a violation of paragraph  (c)  of  Section
32        6-303 of the Illinois Vehicle Code.
33             (4.1)  A  minimum  term  of  30  consecutive days of
34        imprisonment, 40 days of 24 hour periodic imprisonment or
 
                            -17-     LRB093 04014 DRH 04053 b
 1        720 hours of community service, as may be  determined  by
 2        the  court,  shall  be imposed for a violation of Section
 3        11-501 of the Illinois Vehicle Code during  a  period  in
 4        which  the  defendant's driving privileges are revoked or
 5        suspended, where the revocation or suspension was  for  a
 6        violation  of  Section 11-501 or Section 11-501.1 of that
 7        Code.
 8             (4.2)  Except as provided in paragraph (4.3) of this
 9        subsection (c), a  minimum  of  100  hours  of  community
10        service  shall  be  imposed  for  a  second  violation of
11        Section 6-303 of the Illinois Vehicle Code.
12             (4.3)  A minimum term of imprisonment of 30 days  or
13        300  hours  of  community  service,  as determined by the
14        court,  shall  be  imposed  for  a  second  violation  of
15        subsection (c) of Section 6-303 of the  Illinois  Vehicle
16        Code.
17             (4.4)  Except  as  provided  in  paragraph (4.5) and
18        paragraph (4.6) of this subsection (c), a minimum term of
19        imprisonment  of  30  days  or  300  hours  of  community
20        service, as determined by the court, shall be imposed for
21        a third or subsequent violation of Section 6-303  of  the
22        Illinois Vehicle Code.
23             (4.5)  A  minimum  term  of  imprisonment of 30 days
24        shall be imposed for a third violation of subsection  (c)
25        of Section 6-303 of the Illinois Vehicle Code.
26             (4.6)  A  minimum  term  of imprisonment of 180 days
27        shall be imposed for a fourth or subsequent violation  of
28        subsection  (c)  of Section 6-303 of the Illinois Vehicle
29        Code.
30             (5)  The court may sentence an offender convicted of
31        a business offense or a petty offense or a corporation or
32        unincorporated association convicted of any offense to:
33                  (A)  a period of conditional discharge;
34                  (B)  a fine;
 
                            -18-     LRB093 04014 DRH 04053 b
 1                  (C)  make  restitution  to  the  victim   under
 2             Section 5-5-6 of this Code.
 3             (5.1)  In  addition  to  any penalties imposed under
 4        paragraph (5) of  this  subsection  (c),  and  except  as
 5        provided  in paragraph (5.2) or (5.3), a person convicted
 6        of violating subsection (c)  of  Section  11-907  of  the
 7        Illinois  Vehicle  Code  shall  have  his or her driver's
 8        license, permit, or privileges suspended for at least  90
 9        days  but  not  more  than  one  year,  if  the violation
10        resulted in damage to the property of another person.
11             (5.2)  In addition to any  penalties  imposed  under
12        paragraph  (5)  of  this  subsection  (c),  and except as
13        provided  in  paragraph  (5.3),  a  person  convicted  of
14        violating  subsection  (c)  of  Section  11-907  of   the
15        Illinois  Vehicle  Code  shall  have  his or her driver's
16        license, permit, or privileges suspended for at least 180
17        days but not more than 2 years, if the violation resulted
18        in injury to another person.
19             (5.3)  In addition to any  penalties  imposed  under
20        paragraph  (5) of this subsection (c), a person convicted
21        of violating subsection (c)  of  Section  11-907  of  the
22        Illinois  Vehicle  Code  shall  have  his or her driver's
23        license, permit, or privileges suspended for 2 years,  if
24        the violation resulted in the death of another person.
25             (6)  In  no case shall an offender be eligible for a
26        disposition of probation or conditional discharge  for  a
27        Class  1  felony committed while he was serving a term of
28        probation or conditional discharge for a felony.
29             (7)  When  a  defendant  is  adjudged   a   habitual
30        criminal  under Article 33B of the Criminal Code of 1961,
31        the court shall sentence  the  defendant  to  a  term  of
32        natural life imprisonment.
33             (8)  When  a defendant, over the age of 21 years, is
34        convicted of a Class 1 or Class 2  felony,  after  having
 
                            -19-     LRB093 04014 DRH 04053 b
 1        twice  been convicted in any state or federal court of an
 2        offense that contains the same elements as an offense now
 3        classified in Illinois as a  Class  2  or  greater  Class
 4        felony  and such charges are separately brought and tried
 5        and arise out of different series of acts, such defendant
 6        shall be sentenced as a Class X offender. This  paragraph
 7        shall not apply unless (1) the first felony was committed
 8        after  the effective date of this amendatory Act of 1977;
 9        and (2) the second felony was committed after  conviction
10        on  the  first;  and  (3)  the third felony was committed
11        after conviction on the second. A person sentenced  as  a
12        Class  X offender under this paragraph is not eligible to
13        apply for  treatment  as  a  condition  of  probation  as
14        provided  by  Section  40-10  of the Alcoholism and Other
15        Drug Abuse and Dependency Act.
16             (9)  A defendant convicted of a second or subsequent
17        offense of ritualized abuse of a child may  be  sentenced
18        to a term of natural life imprisonment.
19             (10)  When   a  person  is  convicted  of  violating
20        Section 11-501 of the Illinois Vehicle Code or a  similar
21        provision  of  a local ordinance, the following penalties
22        apply when his or her blood, breath, or urine was .16  or
23        more  based  on the definition of blood, breath, or urine
24        units in Section 11-501.2 or that person is convicted  of
25        violating  Section  11-501  of  the Illinois Vehicle Code
26        while transporting a child under the age of 16:
27                  (A)  For a first violation of subsection (a) of
28             Section 11-501, in addition  to  any  other  penalty
29             that  may be imposed under subsection (c) of Section
30             11-501:  a  mandatory  minimum  of  100   hours   of
31             community service and a minimum fine of $500.
32                  (B)  For  a  second violation of subsection (a)
33             of Section 11-501, in addition to any other  penalty
34             that  may be imposed under subsection (c) of Section
 
                            -20-     LRB093 04014 DRH 04053 b
 1             11-501 within 10 years: a  mandatory  minimum  of  2
 2             days of imprisonment and a minimum fine of $1,250.
 3                  (C)  For a third violation of subsection (a) of
 4             Section  11-501,  in  addition  to any other penalty
 5             that may be imposed under subsection (c) of  Section
 6             11-501  within  20  years: a mandatory minimum of 90
 7             days of imprisonment and a minimum fine of $2,500.
 8                  (D)  For a fourth or  subsequent  violation  of
 9             subsection  (a) of Section 11-501: ineligibility for
10             a sentence of probation or conditional discharge and
11             a minimum fine of $2,500.
12        (d)  In any case in which a sentence  originally  imposed
13    is  vacated,  the  case shall be remanded to the trial court.
14    The trial court shall hold a hearing under Section  5-4-1  of
15    the Unified Code of Corrections which may include evidence of
16    the  defendant's  life, moral character and occupation during
17    the time since the original sentence was passed.   The  trial
18    court  shall  then  impose  sentence upon the defendant.  The
19    trial court may impose any sentence  which  could  have  been
20    imposed at the original trial subject to Section 5-5-4 of the
21    Unified  Code  of  Corrections.  If  a sentence is vacated on
22    appeal or on collateral attack due  to  the  failure  of  the
23    trier of fact at trial to determine beyond a reasonable doubt
24    the  existence  of  a  fact  (other  than a prior conviction)
25    necessary to increase the punishment for the  offense  beyond
26    the   statutory  maximum  otherwise  applicable,  either  the
27    defendant may be re-sentenced to  a  term  within  the  range
28    otherwise  provided  or,  if  the  State  files notice of its
29    intention to again seek the extended sentence, the  defendant
30    shall be afforded a new trial.
31        (e)  In  cases  where  prosecution  for  criminal  sexual
32    assault  or  aggravated  criminal  sexual abuse under Section
33    12-13 or 12-16 of  the  Criminal  Code  of  1961  results  in
34    conviction  of  a  defendant  who  was a family member of the
 
                            -21-     LRB093 04014 DRH 04053 b
 1    victim at the time of the  commission  of  the  offense,  the
 2    court shall consider the safety and welfare of the victim and
 3    may impose a sentence of probation only where:
 4             (1)  the   court  finds  (A)  or  (B)  or  both  are
 5        appropriate:
 6                  (A)  the defendant  is  willing  to  undergo  a
 7             court  approved  counseling  program  for  a minimum
 8             duration of 2 years; or
 9                  (B)  the defendant is willing to participate in
10             a court approved plan including but not  limited  to
11             the defendant's:
12                       (i)  removal from the household;
13                       (ii)  restricted contact with the victim;
14                       (iii)  continued  financial support of the
15                  family;
16                       (iv)  restitution for  harm  done  to  the
17                  victim; and
18                       (v)  compliance  with  any  other measures
19                  that the court may deem appropriate; and
20             (2)  the court orders the defendant to pay  for  the
21        victim's  counseling  services,  to  the  extent that the
22        court finds, after considering the defendant's income and
23        assets, that the  defendant  is  financially  capable  of
24        paying  for  such  services,  if  the victim was under 18
25        years of age at the time the offense  was  committed  and
26        requires counseling as a result of the offense.
27        Probation  may be revoked or modified pursuant to Section
28    5-6-4; except where the court determines at the hearing  that
29    the  defendant  violated  a condition of his or her probation
30    restricting contact with the victim or other  family  members
31    or  commits  another  offense with the victim or other family
32    members, the court shall revoke the defendant's probation and
33    impose a term of imprisonment.
34        For the purposes of this  Section,  "family  member"  and
 
                            -22-     LRB093 04014 DRH 04053 b
 1    "victim"  shall have the meanings ascribed to them in Section
 2    12-12 of the Criminal Code of 1961.
 3        (f)  This Article shall not  deprive  a  court  in  other
 4    proceedings  to order a forfeiture of property, to suspend or
 5    cancel a license, to remove  a  person  from  office,  or  to
 6    impose any other civil penalty.
 7        (g)  Whenever  a  defendant  is  convicted  of an offense
 8    under Sections 11-14, 11-15, 11-15.1,  11-16,  11-17,  11-18,
 9    11-18.1,  11-19,  11-19.1,  11-19.2,  12-13,  12-14, 12-14.1,
10    12-15 or 12-16 of the Criminal Code of  1961,  the  defendant
11    shall  undergo  medical  testing  to  determine  whether  the
12    defendant has any sexually transmissible disease, including a
13    test for infection with human immunodeficiency virus (HIV) or
14    any    other   identified   causative   agent   of   acquired
15    immunodeficiency syndrome  (AIDS).   Any  such  medical  test
16    shall  be  performed  only  by appropriately licensed medical
17    practitioners and may  include  an  analysis  of  any  bodily
18    fluids  as  well as an examination of the defendant's person.
19    Except as otherwise provided by law, the results of such test
20    shall be kept strictly confidential by all medical  personnel
21    involved in the testing and must be personally delivered in a
22    sealed  envelope  to  the  judge  of  the  court in which the
23    conviction was entered for the judge's inspection in  camera.
24    Acting  in  accordance  with the best interests of the victim
25    and the public,  the  judge  shall  have  the  discretion  to
26    determine  to whom, if anyone, the results of the testing may
27    be revealed. The court shall notify the defendant of the test
28    results.  The court shall also notify the victim if requested
29    by the victim, and if the victim is under the age of  15  and
30    if  requested  by the victim's parents or legal guardian, the
31    court shall notify the victim's parents or legal guardian  of
32    the test results.  The court shall provide information on the
33    availability  of  HIV testing and counseling at Department of
34    Public Health facilities to all parties to whom  the  results
 
                            -23-     LRB093 04014 DRH 04053 b
 1    of  the  testing  are  revealed  and shall direct the State's
 2    Attorney to  provide  the  information  to  the  victim  when
 3    possible. A State's Attorney may petition the court to obtain
 4    the  results of any HIV test administered under this Section,
 5    and the court shall  grant  the  disclosure  if  the  State's
 6    Attorney  shows it is relevant in order to prosecute a charge
 7    of criminal transmission of HIV under Section 12-16.2 of  the
 8    Criminal Code of 1961 against the defendant.  The court shall
 9    order  that  the  cost  of any such test shall be paid by the
10    county and may  be  taxed  as  costs  against  the  convicted
11    defendant.
12        (g-5)  When   an   inmate   is  tested  for  an  airborne
13    communicable  disease,  as   determined   by   the   Illinois
14    Department  of  Public  Health  including  but not limited to
15    tuberculosis, the results of the  test  shall  be  personally
16    delivered  by  the  warden or his or her designee in a sealed
17    envelope to the judge of the court in which the  inmate  must
18    appear  for  the judge's inspection in camera if requested by
19    the judge.  Acting in accordance with the best  interests  of
20    those  in  the courtroom, the judge shall have the discretion
21    to determine what if any precautions  need  to  be  taken  to
22    prevent transmission of the disease in the courtroom.
23        (h)  Whenever  a  defendant  is  convicted  of an offense
24    under Section 1 or 2 of the Hypodermic Syringes  and  Needles
25    Act, the defendant shall undergo medical testing to determine
26    whether   the   defendant   has   been   exposed   to   human
27    immunodeficiency   virus   (HIV)   or  any  other  identified
28    causative agent of acquired immunodeficiency syndrome (AIDS).
29    Except as otherwise provided by law, the results of such test
30    shall be kept strictly confidential by all medical  personnel
31    involved in the testing and must be personally delivered in a
32    sealed  envelope  to  the  judge  of  the  court in which the
33    conviction was entered for the judge's inspection in  camera.
34    Acting  in  accordance with the best interests of the public,
 
                            -24-     LRB093 04014 DRH 04053 b
 1    the judge shall have the discretion to determine to whom,  if
 2    anyone, the results of the testing may be revealed. The court
 3    shall  notify  the  defendant  of  a positive test showing an
 4    infection with the human immunodeficiency  virus  (HIV).  The
 5    court  shall  provide  information on the availability of HIV
 6    testing  and  counseling  at  Department  of  Public   Health
 7    facilities  to all parties to whom the results of the testing
 8    are revealed and shall direct the State's Attorney to provide
 9    the information  to  the  victim  when  possible.  A  State's
10    Attorney  may petition the court to obtain the results of any
11    HIV test administered under  this   Section,  and  the  court
12    shall  grant  the disclosure if the State's Attorney shows it
13    is relevant in  order  to  prosecute  a  charge  of  criminal
14    transmission  of  HIV  under  Section 12-16.2 of the Criminal
15    Code of 1961 against the defendant.  The  court  shall  order
16    that  the  cost  of any such test shall be paid by the county
17    and may be taxed as costs against the convicted defendant.
18        (i)  All fines and penalties imposed under  this  Section
19    for any violation of Chapters 3, 4, 6, and 11 of the Illinois
20    Vehicle  Code,  or  a similar provision of a local ordinance,
21    and any violation of the Child Passenger Protection Act, or a
22    similar provision of a local ordinance,  shall  be  collected
23    and  disbursed by the circuit clerk as provided under Section
24    27.5 of the Clerks of Courts Act.
25        (j)  In cases  when  prosecution  for  any  violation  of
26    Section  11-6,  11-8,  11-9,  11-11,  11-14,  11-15, 11-15.1,
27    11-16,  11-17,  11-17.1,  11-18,  11-18.1,  11-19,   11-19.1,
28    11-19.2,  11-20.1,  11-21,  12-13,  12-14, 12-14.1, 12-15, or
29    12-16 of the Criminal Code of  1961,  any  violation  of  the
30    Illinois  Controlled  Substances Act, or any violation of the
31    Cannabis Control Act results in conviction, a disposition  of
32    court  supervision,  or  an  order of probation granted under
33    Section 10 of the Cannabis Control Act or Section 410 of  the
34    Illinois  Controlled  Substance Act of a defendant, the court
 
                            -25-     LRB093 04014 DRH 04053 b
 1    shall determine  whether  the  defendant  is  employed  by  a
 2    facility  or  center  as  defined under the Child Care Act of
 3    1969, a public or private elementary or secondary school,  or
 4    otherwise  works  with  children  under  18 years of age on a
 5    daily basis.  When a defendant  is  so  employed,  the  court
 6    shall  order  the  Clerk  of  the Court to send a copy of the
 7    judgment of conviction or order of supervision  or  probation
 8    to  the  defendant's  employer  by  certified  mail.  If  the
 9    employer of the defendant is a school, the Clerk of the Court
10    shall  direct  the  mailing  of  a  copy  of  the judgment of
11    conviction or  order  of  supervision  or  probation  to  the
12    appropriate regional superintendent of schools.  The regional
13    superintendent  of  schools  shall  notify the State Board of
14    Education of any notification under this subsection.
15        (j-5)  A defendant at  least  17  years  of  age  who  is
16    convicted  of  a  felony  and  who  has  not  been previously
17    convicted of a misdemeanor or felony and who is sentenced  to
18    a   term  of  imprisonment  in  the  Illinois  Department  of
19    Corrections shall as a condition of his or  her  sentence  be
20    required  by the court to attend educational courses designed
21    to prepare the defendant for a high  school  diploma  and  to
22    work  toward  a high school diploma or to work toward passing
23    the high school level Test of General Educational Development
24    (GED) or to work  toward  completing  a  vocational  training
25    program  offered  by  the  Department  of  Corrections.  If a
26    defendant fails to complete the educational training required
27    by his or her sentence during the term of incarceration,  the
28    Prisoner  Review  Board  shall,  as  a condition of mandatory
29    supervised release, require the defendant, at his or her  own
30    expense,  to  pursue  a  course of study toward a high school
31    diploma or passage of the  GED  test.   The  Prisoner  Review
32    Board  shall  revoke  the  mandatory  supervised release of a
33    defendant who wilfully fails to comply with  this  subsection
34    (j-5)  upon  his  or  her release from confinement in a penal
 
                            -26-     LRB093 04014 DRH 04053 b
 1    institution while  serving  a  mandatory  supervised  release
 2    term;  however, the inability of the defendant after making a
 3    good faith effort to obtain financial  aid  or  pay  for  the
 4    educational  training shall not be deemed a wilful failure to
 5    comply.   The  Prisoner  Review  Board  shall  recommit   the
 6    defendant  whose  mandatory  supervised release term has been
 7    revoked under this subsection (j-5) as  provided  in  Section
 8    3-3-9.   This  subsection (j-5) does not apply to a defendant
 9    who has a high school diploma or has successfully passed  the
10    GED test. This subsection (j-5) does not apply to a defendant
11    who is determined by the court to be developmentally disabled
12    or otherwise mentally incapable of completing the educational
13    or vocational program.
14        (k)  A court may not impose a sentence or disposition for
15    a  felony  or  misdemeanor  that requires the defendant to be
16    implanted or injected with  or  to  use  any  form  of  birth
17    control.
18        (l) (A)  Except   as   provided   in   paragraph  (C)  of
19        subsection (l), whenever a defendant, who is an alien  as
20        defined  by  the  Immigration  and  Nationality  Act,  is
21        convicted of any felony or misdemeanor offense, the court
22        after  sentencing  the  defendant may, upon motion of the
23        State's Attorney, hold sentence in  abeyance  and  remand
24        the  defendant  to the custody of the Attorney General of
25        the United States or his or her designated  agent  to  be
26        deported when:
27                  (1)  a  final  order  of  deportation  has been
28             issued against the defendant pursuant to proceedings
29             under the Immigration and Nationality Act, and
30                  (2)  the deportation of the defendant would not
31             deprecate the seriousness of the defendant's conduct
32             and would not  be  inconsistent  with  the  ends  of
33             justice.
34             Otherwise,  the  defendant  shall  be  sentenced  as
 
                            -27-     LRB093 04014 DRH 04053 b
 1        provided in this Chapter V.
 2             (B)  If the defendant has already been sentenced for
 3        a  felony  or  misdemeanor offense, or has been placed on
 4        probation under Section 10 of the Cannabis Control Act or
 5        Section 410 of the Illinois  Controlled  Substances  Act,
 6        the  court  may,  upon  motion of the State's Attorney to
 7        suspend the sentence imposed, commit the defendant to the
 8        custody of the Attorney General of the United  States  or
 9        his or her designated agent when:
10                  (1)  a  final  order  of  deportation  has been
11             issued against the defendant pursuant to proceedings
12             under the Immigration and Nationality Act, and
13                  (2)  the deportation of the defendant would not
14             deprecate the seriousness of the defendant's conduct
15             and would not  be  inconsistent  with  the  ends  of
16             justice.
17             (C)  This subsection (l) does not apply to offenders
18        who  are  subject  to  the provisions of paragraph (2) of
19        subsection (a) of Section 3-6-3.
20             (D)  Upon motion  of  the  State's  Attorney,  if  a
21        defendant  sentenced  under  this  Section returns to the
22        jurisdiction of the United States, the defendant shall be
23        recommitted to the custody of the county from which he or
24        she was sentenced. Thereafter,  the  defendant  shall  be
25        brought before the sentencing court, which may impose any
26        sentence  that  was  available under Section 5-5-3 at the
27        time of initial sentencing.  In addition,  the  defendant
28        shall  not be eligible for additional good conduct credit
29        for meritorious service as provided under Section 3-6-6.
30        (m)  A  person  convicted  of  criminal   defacement   of
31    property  under  Section 21-1.3 of the Criminal Code of 1961,
32    in which the property damage exceeds $300  and  the  property
33    damaged  is  a  school  building, shall be ordered to perform
34    community service  that  may  include  cleanup,  removal,  or
 
                            -28-     LRB093 04014 DRH 04053 b
 1    painting over the defacement.
 2    (Source: P.A.  91-357,  eff.  7-29-99;  91-404,  eff. 1-1-00;
 3    91-663, eff. 12-22-99; 91-695,  eff.  4-13-00;  91-953,  eff.
 4    2-23-01;  92-183,  eff. 7-27-01; 92-248, eff. 8-3-01; 92-283,
 5    eff. 1-1-02; 92-340,  eff.  8-10-01;  92-418,  eff.  8-17-01;
 6    92-422,  eff.  8-17-01;  92-651,  eff.  7-11-02; 92-698, eff.
 7    7-19-02.)