093_HB1237eng

 
HB1237 Engrossed                     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 2-2, 5-16, and 5-16a and adding
 6    Section 5-16a.1 as follows:

 7        (625 ILCS 45/2-2) (from Ch. 95 1/2, par. 312-2)
 8        Sec. 2-2.  Inspection; removal; impoundment.
 9        (a)  Agents of the Department or  other  duly  authorized
10    police  officers  may  board and inspect any boat at any time
11    for the purpose of determining if this Act is being  complied
12    with.   If  the  boarding  officer  or  agent  discovers  any
13    violation of this Act, he may issue a summons to the operator
14    of  the  boat  requiring  that the operator appear before the
15    circuit court for the county within  which  the  offense  was
16    committed.
17        (b)  Every  vessel  subject to this Act, if under way and
18    upon being hailed by a designated  law  enforcement  officer,
19    must stop immediately and lay to.
20        (c)  Agents  of  the Department and other duly authorized
21    police officers may enforce all federal laws and  regulations
22    which have been mutually agreed upon by the federal and state
23    governments and are applicable to the operation of watercraft
24    on navigable waters and federal impoundments where concurrent
25    jurisdiction   exists   between   the   federal   and   state
26    governments.
27        (d)  Agents  of  the Department and other duly authorized
28    police officers may seize and impound,  at  the  owner's   or
29    operator's  expense,  any  watercraft  involved in  a boating
30    accident or a violation of Section 3A-21, 5-1, 5-2,  or  5-16
31    of this Act.
 
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 1        (e)  If  a watercraft is causing a traffic hazard because
 2    of its position on a waterway or its physical  appearance  is
 3    causing  the  impeding of traffic, its immediate removal from
 4    the waterway by a towing service may be authorized by  a  law
 5    enforcement agency having jurisdiction.
 6        (f)  Whenever  a peace officer reasonably believes that a
 7    person under arrest for a violation of Section  5-1,  5-2  or
 8    5-16  of  this Act or similar provision of a local ordinance,
 9    is likely, upon release, to commit a subsequent violation  of
10    Section  5-1,  5-2  or 5-16 or a similar provision of a local
11    ordinance, the arresting officer shall  have  the  watercraft
12    which  the  person  was  operating  at the time of the arrest
13    impounded for a period of not more than 12  hours  after  the
14    time  of  the  arrest.  The watercraft may be released by the
15    arresting law enforcement agency without impoundment, or  may
16    be  released  prior  to  the  end  of the impoundment period,
17    however, if:
18             (1) the watercraft was not owned by the person under
19        arrest, and the lawful owner requesting release possesses
20        proof of ownership, and would not, as determined  by  the
21        arresting  law enforcement agency: (i) indicate a lack of
22        ability to operate a watercraft in a safe manner, or (ii)
23        otherwise, by operating the watercraft, be  in  violation
24        of this Act; or
25             (2)  the  watercraft  is  owned  by the person under
26    arrest, and the  person  under  arrest  gives  permission  to
27    another  person  to  operate  the  watercraft,  and the other
28    person  would  not,  as  determined  by  the  arresting   law
29    enforcement agency: (i) indicate a lack of ability to operate
30    a  watercraft  in  a  safe  manner,  or  (ii)  otherwise,  by
31    operating the watercraft, be in violation of this Act.
32    (Source: P.A. 87-798; 88-670, eff. 12-2-94.)

33        (625 ILCS 45/5-16)
 
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 1        Sec. 5-16.  Operating a watercraft under the influence of
 2    alcohol,  other  drug  or  drugs,  intoxicating  compound  or
 3    compounds, or combination thereof.
 4        (A) 1.  A  person  shall  not  operate  or  be  in actual
 5        physical control of  any  watercraft  within  this  State
 6        while:
 7                  (a)  The alcohol concentration in such person's
 8             blood  or breath is a concentration at which driving
 9             a motor vehicle is prohibited under subdivision  (1)
10             of  subsection (a) of Section 11-501 of the Illinois
11             Vehicle Code;
12                  (b)  Under the influence of alcohol;
13                  (c)  Under the influence of any other  drug  or
14             combination  of drugs to a degree which renders such
15             person incapable of safely operating any watercraft;
16                  (c-1) Under the influence of  any  intoxicating
17             compound or combination of intoxicating compounds to
18             a degree that renders the person incapable of safely
19             operating any watercraft;
20                  (d)  Under  the  combined  influence of alcohol
21             and any other  drug  or  drugs  to  a  degree  which
22             renders  such person incapable of safely operating a
23             watercraft; or
24                  (e)  There is any amount of a drug,  substance,
25             or compound in the person's blood or urine resulting
26             from  the  unlawful  use  or consumption of cannabis
27             listed as defined in the Cannabis Control Act, or  a
28             controlled   substance   listed   in   the  Illinois
29             Controlled  Substances  Act,  or   an   intoxicating
30             compound listed in the Use of Intoxicating Compounds
31             Act.
32             2.  The  fact that any person charged with violating
33        this Section is or  has  been  legally  entitled  to  use
34        alcohol,   or  other  drug  or  drugs,  any  intoxicating
 
HB1237 Engrossed            -4-      LRB093 04014 DRH 04053 b
 1        compound or compounds, or any combination of  them  both,
 2        shall  not  constitute  a  defense  against any charge of
 3        violating this Section.
 4             3.  Every person convicted of violating this Section
 5        shall be guilty of  a  Class  A  misdemeanor,  except  as
 6        otherwise provided in this Section.
 7             4.  Every person convicted of violating this Section
 8        shall be guilty of a Class 4 felony if:
 9                  (a)  He  has  a  previous conviction under this
10             Section; or
11                  (b)  The offense  results  in  personal  injury
12             where a person other than the operator suffers great
13             bodily    harm    or    permanent    disability   or
14             disfigurement, when the violation  was  a  proximate
15             cause of the injuries.  A person guilty of a Class 4
16             felony  under this subparagraph (b), if sentenced to
17             a term of imprisonment, shall be sentenced to a term
18             of not less than one year nor more than 12 years; or
19                  (c)  The offense occurred during  a  period  in
20             which  his or her privileges to operate a watercraft
21             are revoked or  suspended,  and  the  revocation  or
22             suspension  was  for  a violation of this Section or
23             was imposed under subsection (B).
24             5.  Every person convicted of violating this Section
25        shall be guilty of  a  Class  2  felony  if  the  offense
26        results  in  the  death of a person. A person guilty of a
27        Class 2 felony under this paragraph 5, if sentenced to  a
28        term of imprisonment, shall be sentenced to a term of not
29        less than 3 years and not more than 14 years.
30             5.1.  A  person  convicted of violating this Section
31        or a similar provision of a local  ordinance  who  had  a
32        child  under  the  age of 16 aboard the watercraft at the
33        time of offense is subject to a mandatory minimum fine of
34        $500 and to a mandatory minimum of  5 days  of  community
 
HB1237 Engrossed            -5-      LRB093 04014 DRH 04053 b
 1        service in a program benefiting children.  The assignment
 2        under this paragraph 5.1 is not subject to suspension and
 3        the  person  is  not  eligible  for probation in order to
 4        reduce the assignment.
 5             5.2.  A  person  found  guilty  of  violating   this
 6        Section, if his or her operation of a watercraft while in
 7        violation of this Section proximately caused any incident
 8        resulting in an appropriate emergency response, is liable
 9        for  the  expense  of  an  emergency response as provided
10        under Section 5-5-3 of the Unified Code of Corrections.
11             5.3.  In  addition  to  any  other   penalties   and
12        liabilities,  a  person  who is found guilty of violating
13        this  Section,  including  any  person  placed  on  court
14        supervision, shall be fined $100, payable to the  circuit
15        clerk,   who  shall  distribute  the  money  to  the  law
16        enforcement agency that made the arrest.   In  the  event
17        that  more than one agency is responsible for the arrest,
18        the $100 shall be shared equally.  Any moneys received by
19        a law enforcement agency under this paragraph  5.3  shall
20        be  used  to  purchase  law  enforcement  equipment or to
21        provide law enforcement training that will assist in  the
22        prevention   of   alcohol   related   criminal   violence
23        throughout  the  State.   Law enforcement equipment shall
24        include, but is not limited  to,  in-car  video  cameras,
25        radar  and  laser  speed  detection  devices, and alcohol
26        breath testers.
27             6. (a)  In  addition  to  any   criminal   penalties
28             imposed,  the  Department of Natural Resources shall
29             suspend the watercraft operation privileges  of  any
30             person  convicted  or  found guilty of a misdemeanor
31             under this Section for a period of one year,  except
32             that  a  first  time  offender  is  exempt from this
33             mandatory one year suspension.
34                  (b)  In  addition  to  any  criminal  penalties
 
HB1237 Engrossed            -6-      LRB093 04014 DRH 04053 b
 1             imposed, the Department of Natural  Resources  shall
 2             suspend  the  watercraft operation privileges of any
 3             person convicted of a felony under this Section  for
 4             a period of 3 years.
 5        (B) 1.  Any  person who operates or is in actual physical
 6        control of any watercraft upon the waters of  this  State
 7        shall  be deemed to have given consent to a chemical test
 8        or tests of blood, breath or urine  for  the  purpose  of
 9        determining  the content of alcohol, other drug or drugs,
10        intoxicating  compound  or  compounds,   or   combination
11        thereof in the content of such person's blood if arrested
12        for  any  offense  of  subsection (A) above. The chemical
13        test or tests shall be administered at the  direction  of
14        the   arresting   officer.  The  law  enforcement  agency
15        employing the officer shall designate which of the  tests
16        shall  be administered.  A urine test may be administered
17        even after a blood  or  breath  test  or  both  has  been
18        administered.
19             1.1.  For  the purposes of this Section, an Illinois
20        Law  Enforcement   officer   of   this   State   who   is
21        investigating  the  person  for  any  offense  defined in
22        Section 5-16 may travel into an  adjoining  state,  where
23        the  person  has  been  transported  for  medical care to
24        complete an  investigation,  and  may  request  that  the
25        person  submit  to  the  test  or tests set forth in this
26        Section.  The  requirements  of  this  Section  that  the
27        person  be  arrested  are  inapplicable,  but the officer
28        shall issue the person a uniform citation for an  offense
29        as  defined  in  Section 5-16 or a similar provision of a
30        local ordinance  prior  to  requesting  that  the  person
31        submit to the test or tests.  The issuance of the uniform
32        citation shall not constitute an arrest, but shall be for
33        the  purpose  of  notifying  the person that he or she is
34        subject to the provisions of  this  Section  and  of  the
 
HB1237 Engrossed            -7-      LRB093 04014 DRH 04053 b
 1        officer's  belief  in  the existence of probable cause to
 2        arrest.  Upon returning to this State, the officer  shall
 3        file  the  uniform citation with the circuit clerk of the
 4        county where the offense was committed and shall seek the
 5        issuance of an  arrest  warrant  or  a  summons  for  the
 6        person.
 7             1.2.  Notwithstanding  any  ability  to refuse under
 8        this Act to submit to  these  tests  or  any  ability  to
 9        revoke  the  implied  consent  to  these  tests, if a law
10        enforcement officer has probable cause to believe that  a
11        watercraft  operated  by or under actual physical control
12        of a person under the influence of alcohol, other drug or
13        drugs,  intoxicating  compound  or  compounds,   or   any
14        combination  of  them has caused the death of or personal
15        injury to another, that person  shall  submit,  upon  the
16        request  of a law enforcement officer, to a chemical test
17        or tests of his or her blood, breath, or  urine  for  the
18        purpose   of  determining  the  alcohol  content  or  the
19        presence of any other  drug,  intoxicating  compound,  or
20        combination of them.  For the purposes of this Section, a
21        personal   injury   includes   severe   bleeding  wounds,
22        distorted extremities,  and  injuries  that  require  the
23        injured  party to be carried from the scene for immediate
24        professional attention in either a doctor's office  or  a
25        medical facility.
26             2.  Any  person  who  is dead, unconscious or who is
27        otherwise in a condition rendering such person  incapable
28        of  refusal,  shall  be  deemed not to have withdrawn the
29        consent provided above, and the test may be administered.
30             3.  A person requested to submit to a chemical  test
31        as  provided  above  shall be verbally advised by the law
32        enforcement officer requesting the test that a refusal to
33        submit to the test will  result  in  suspension  of  such
34        person's  privilege to operate a watercraft for a minimum
 
HB1237 Engrossed            -8-      LRB093 04014 DRH 04053 b
 1        of 2 years. Following this warning,  if  a  person  under
 2        arrest  refuses  upon  the  request  of a law enforcement
 3        officer to submit to a test designated by the officer, no
 4        test none shall be given, but the law enforcement officer
 5        shall file with the clerk of the circuit  court  for  the
 6        county  in  which  the  arrest  was  made,  and  with the
 7        Department of Natural Resources, a sworn statement naming
 8        the person refusing to take  and  complete  the  chemical
 9        test  or  tests  requested  under  the provisions of this
10        Section.   Such  sworn  statement  shall   identify   the
11        arrested  person, such person's current residence address
12        and shall specify that a refusal by such person  to  take
13        the   chemical  test  or  tests  was  made.   Such  sworn
14        statement shall include a statement  that  the  arresting
15        officer  had  reasonable  cause to believe the person was
16        operating or  was  in  actual  physical  control  of  the
17        watercraft within this State while under the influence of
18        alcohol,  other  drug  or drugs, intoxicating compound or
19        compounds, or combination thereof and that such  chemical
20        test  or  tests were made as an incident to and following
21        the lawful arrest for  an  offense  as  defined  in  this
22        Section  or a similar provision of a local ordinance, and
23        that the person  after  being  arrested  for  an  offense
24        arising  out of acts alleged to have been committed while
25        so operating  a  watercraft  refused  to  submit  to  and
26        complete a chemical test or tests as requested by the law
27        enforcement officer.
28             3.1.  The  law  enforcement  officer  submitting the
29        sworn statement  as  provided  in  paragraph  3  of  this
30        subsection  (B) shall serve immediate written notice upon
31        the person refusing the chemical test or tests  that  the
32        person's  privilege  to  operate a watercraft within this
33        State will be suspended for a period of 2  years  unless,
34        within  28  days  from the date of the notice, the person
 
HB1237 Engrossed            -9-      LRB093 04014 DRH 04053 b
 1        requests in writing a hearing on the suspension.
 2             The clerk shall  thereupon  notify  such  person  in
 3        writing   that   the  person's  privilege  to  operate  a
 4        watercraft will be suspended unless, within 28 days  from
 5        the  date  of  mailing  of  the notice, such person shall
 6        request in writing  a  hearing  thereon;  If  the  person
 7        desires  a hearing, such person shall file a complaint in
 8        the circuit court for and in the  county  in  which  such
 9        person  was arrested for such hearing. Such hearing shall
10        proceed in the court in the same manner  as  other  civil
11        proceedings,  shall  cover only the issues of whether the
12        person was placed under arrest for an offense as  defined
13        in  this  Section  or  a  similar  provision  of  a local
14        ordinance as evidenced  by  the  issuance  of  a  uniform
15        citation;  whether  the  arresting officer had reasonable
16        grounds to believe  that  such  person  was  operating  a
17        watercraft  while  under  the influence of alcohol, other
18        drug or drugs, intoxicating  compound  or  compounds,  or
19        combination  thereof;  and whether such person refused to
20        submit and complete the chemical test or tests  upon  the
21        request  of  the  law  enforcement  officer.  Whether the
22        person was  informed  that  such  person's  privilege  to
23        operate  a  watercraft  would be suspended if such person
24        refused to submit to the chemical test or tests shall not
25        be an issue.
26             If the person fails to request in writing a  hearing
27        within  28  days from the date of notice, or if a hearing
28        is held and the court finds against  the  person  on  the
29        issues  before  the  court,  the  clerk shall immediately
30        notify the Department of Natural Resources of the court's
31        decision, and the Department shall suspend the watercraft
32        operation privileges of the person for at least 2 years.
33             3.2.  If the person submits to a test that discloses
34        an alcohol concentration of 0.08 or more, or  any  amount
 
HB1237 Engrossed            -10-     LRB093 04014 DRH 04053 b
 1        of  a  drug,  substance  or  intoxicating compound in the
 2        person's breath,  blood,  or  urine  resulting  from  the
 3        unlawful  use  of cannabis listed in the Cannabis Control
 4        Act,  a  controlled  substance  listed  in  the  Illinois
 5        Controlled Substances Act, or  an  intoxicating  compound
 6        listed  in the Use of Intoxicating Compounds Act, the law
 7        enforcement officer  shall  immediately  submit  a  sworn
 8        report  to  the circuit clerk of venue and the Department
 9        of Natural Resources, certifying that the test  or  tests
10        were  requested  under paragraph 1 of this subsection (B)
11        and the person submitted to  testing  that  disclosed  an
12        alcohol concentration of 0.08 or more.
13             In  cases  where  the blood alcohol concentration of
14        0.08 or greater or  any  amount  of  drug,  substance  or
15        compound  resulting  from the unlawful use of cannabis, a
16        controlled  substance  or  an  intoxicating  compound  is
17        established by a subsequent analysis of  blood  or  urine
18        collected at the time of arrest, the arresting officer or
19        arresting  agency shall immediately submit a sworn report
20        to the circuit clerk  of  venue  and  the  Department  of
21        Natural Resources upon receipt of the test results.
22             4.  A  person  must  submit  to  each  chemical test
23        offered by the law enforcement officer in order to comply
24        with the implied consent provisions of this Section.
25             5.  The  provisions  of  Section  11-501.2  of   the
26        Illinois   Vehicle   Code,  as  amended,  concerning  the
27        certification and use of chemical tests apply to the  use
28        of such tests under this Section.
29        (C)  Upon  the  trial  of any civil or criminal action or
30    proceeding arising out of acts alleged to have been committed
31    by any person while operating a watercraft  while  under  the
32    influence  of  alcohol,  the  concentration of alcohol in the
33    person's blood or breath at the  time  alleged  as  shown  by
34    analysis  of a person's blood, urine, breath, or other bodily
 
HB1237 Engrossed            -11-     LRB093 04014 DRH 04053 b
 1    substance shall give rise to the  presumptions  specified  in
 2    subdivisions  1,  2,  and  3  of  subsection  (b)  of Section
 3    11-501.2  of  the  Illinois   Vehicle   Code. The   foregoing
 4    provisions  of  this subsection (C) shall not be construed as
 5    limiting the introduction  of  any  other  relevant  evidence
 6    bearing  upon  the  question whether the person was under the
 7    influence of alcohol.
 8        (D)  If a person under arrest  refuses  to  submit  to  a
 9    chemical  test under the provisions of this Section, evidence
10    of refusal shall be  admissible  in  any  civil  or  criminal
11    action or proceeding arising out of acts alleged to have been
12    committed while the person under the influence of alcohol, or
13    other  drug  or drugs, intoxicating compound or compounds, or
14    combination of them both was operating a watercraft.
15        (E)  The owner of any  watercraft  or  any  person  given
16    supervisory  authority  over  a watercraft, may not knowingly
17    permit a watercraft to be operated by any  person  under  the
18    influence  of  alcohol,  other  drug  or  drugs, intoxicating
19    compound or compounds, or combination thereof.
20        (F)  Whenever any person is convicted or found guilty  of
21    a  violation  of this Section, including any person placed on
22    court supervision, the court shall notify the Office Division
23    of Law Enforcement of the Department of Natural Resources, to
24    provide the Department with the  records  essential  for  the
25    performance of the Department's duties to monitor and enforce
26    any   order   of  suspension  or  revocation  concerning  the
27    privilege to operate a watercraft.
28        (G)  No person who has  been  arrested  and  charged  for
29    violating paragraph 1 of subsection (A) of this Section shall
30    operate any watercraft within this State for a period of 24 6
31    hours after such arrest.
32    (Source: P.A. 92-615, eff. 1-1-03.)

33        (625 ILCS 45/5-16a) (from Ch. 95 1/2, par. 315-11a)
 
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 1        Sec.  5-16a.   Admissibility of chemical tests of written
 2    blood alcohol test results conducted in the regular course of
 3    providing emergency medical treatment.
 4        (a)  Notwithstanding any  other  provision  of  law,  the
 5    written results of blood alcohol tests conducted upon persons
 6    receiving  medical treatment in a hospital emergency room are
 7    admissible in evidence as a business record exception to  the
 8    hearsay  rule  only  in  prosecutions  for  any  violation of
 9    Section 5-16 of this Act or a similar provision  of  a  local
10    ordinance  or  in  prosecutions for reckless homicide brought
11    under the Criminal Code of 1961, when:
12             (1)  the   chemical   tests   performed   upon    an
13        individual's  blood were ordered in the regular course of
14        providing emergency treatment and not at the  request  of
15        law enforcement authorities; and
16             (2)  the    chemical   tests   performed   upon   an
17        individual's  blood  were  performed  by  the  laboratory
18        routinely used by the hospital.
19        Results of chemical tests performed upon an  individual's
20    blood  are  admissible  into  evidence regardless of the time
21    that  the  records  were  prepared.  each  of  the  following
22    criteria are met:
23             (1)  the blood  alcohol  tests  were  ordered  by  a
24        physician on duty at the hospital emergency room and were
25        performed  in  the  regular course of providing emergency
26        medical treatment in order to  assist  the  physician  in
27        diagnosis or treatment;
28             (2)  the  blood  alcohol tests were performed by the
29        hospital's own laboratory; and
30             (3)  the written results of the blood alcohol  tests
31        were  received and considered by the physician on duty at
32        the hospital emergency room to assist that  physician  in
33        diagnosis or treatment.
34        (b)  The  confidentiality provisions of law pertaining to
 
HB1237 Engrossed            -13-     LRB093 04014 DRH 04053 b
 1    medical records and medical treatment shall not be applicable
 2    with regard to chemical blood alcohol tests performed upon an
 3    individual's blood or urine  under  the  provisions  of  this
 4    Section  in  prosecutions  as  specified in subsection (a) of
 5    this Section.  No person shall be liable for civil damages as
 6    a result of the evidentiary use of the  results  of  chemical
 7    testing  of  an individual's blood blood alcohol test results
 8    under this Section or as a result of that person's  testimony
 9    made available under this Section.
10    (Source: P.A. 87-803; 88-670, eff. 12-2-94.)

11        (625 ILCS 45/5-16a.1 new)
12        Sec. 5-16a.1. Reporting of test results of blood or urine
13    conducted  in  the  regular  course  of  providing  emergency
14    medical treatment.
15        (a)  Notwithstanding  any  other  provision  of  law, the
16    results of blood or urine tests performed for the purpose  of
17    determining  the  content  of  alcohol,  other drug or drugs,
18    intoxicating compound or compounds,  or  any  combination  of
19    them  in  an  individual's  blood  or  urine,  conducted upon
20    persons receiving medical treatment in a  hospital  emergency
21    room for injuries resulting from a boating accident, shall be
22    disclosed to the Department of Natural Resources or local law
23    enforcement  agencies  of  jurisdiction,  upon  request.  The
24    blood or urine tests are admissible in evidence as a business
25    record exception to the hearsay rule only in prosecutions for
26    violations  of  Section  5-16  of  this  Code  or  a  similar
27    provision of  a  local  ordinance,  or  in  prosecutions  for
28    reckless homicide brought under the Criminal Code of 1961.
29        (b)  The confidentiality provisions of the law pertaining
30    to  medical  records  and  medical  treatment  shall  not  be
31    applicable   with   regard   to   tests   performed  upon  an
32    individual's  blood  or  urine  under   the   provisions   of
33    subsection  (a)  of  this  Section.   No person is liable for
 
HB1237 Engrossed            -14-     LRB093 04014 DRH 04053 b
 1    civil damages or  professional  discipline  as  a  result  of
 2    disclosure  or  reporting of the tests or the evidentiary use
 3    of an individual's blood or urine  test  results  under  this
 4    Section  or  Section  5-16a,  or as a result of that person's
 5    testimony made available under this Section or Section 5-16a,
 6    except for willful or wanton misconduct.

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

 9        (730 ILCS 5/5-5-3) (from Ch. 38, par. 1005-5-3)
10        Sec. 5-5-3.  Disposition.
11        (a)  Every  person  convicted  of  an  offense  shall  be
12    sentenced as provided in this Section.
13        (b)  The   following   options   shall   be   appropriate
14    dispositions,  alone  or in combination, for all felonies and
15    misdemeanors other than those identified in subsection (c) of
16    this Section:
17             (1)  A period of probation.
18             (2)  A term of periodic imprisonment.
19             (3)  A term of conditional discharge.
20             (4)  A term of imprisonment.
21             (5)  An order directing the offender to clean up and
22        repair the damage, if the offender  was  convicted  under
23        paragraph  (h)  of  Section  21-1 of the Criminal Code of
24        1961.
25             (6)  A fine.
26             (7)  An  order  directing  the  offender   to   make
27        restitution  to  the  victim  under Section 5-5-6 of this
28        Code.
29             (8)  A sentence of participation in a county  impact
30        incarceration program under Section 5-8-1.2 of this Code.
31        Whenever  an individual is sentenced for an offense based
32    upon an arrest for a  violation  of  Section  11-501  of  the
 
HB1237 Engrossed            -15-     LRB093 04014 DRH 04053 b
 1    Illinois  Vehicle  Code,  or  a  similar provision of a local
 2    ordinance,  and  the   professional   evaluation   recommends
 3    remedial  or  rehabilitative  treatment or education, neither
 4    the treatment nor the education shall be the sole disposition
 5    and either or both may be imposed only  in  conjunction  with
 6    another  disposition. The court shall monitor compliance with
 7    any remedial education or treatment recommendations contained
 8    in the professional evaluation.  Programs conducting  alcohol
 9    or  other  drug  evaluation  or  remedial  education  must be
10    licensed by the Department of Human  Services.   However,  if
11    the  individual  is not a resident of Illinois, the court may
12    accept an  alcohol  or  other  drug  evaluation  or  remedial
13    education   program   in   the  state  of  such  individual's
14    residence.  Programs providing  treatment  must  be  licensed
15    under  existing  applicable  alcoholism  and  drug  treatment
16    licensure standards.
17        In addition to any other fine or penalty required by law,
18    any  individual convicted of a violation of Section 11-501 of
19    the  Illinois  Vehicle  Code,  Section  5-16  of   the   Boat
20    Registration  and Safety Act, or a similar provision of local
21    ordinance, whose  operation  of  a  motor  vehicle  while  in
22    violation  of Section 11-501, Section 5-16, or such ordinance
23    proximately caused an incident resulting  in  an  appropriate
24    emergency  response, shall be required to make restitution to
25    a public agency for the costs  of  that  emergency  response.
26    Such  restitution shall not exceed $500 per public agency for
27    each such  emergency  response.   For  the  purpose  of  this
28    paragraph,   emergency   response  shall  mean  any  incident
29    requiring a response by: a police officer  as  defined  under
30    Section 1-162 of the Illinois Vehicle Code; a fireman carried
31    on  the rolls of a regularly constituted fire department; and
32    an ambulance as defined under Section 4.05 of  the  Emergency
33    Medical Services (EMS) Systems Act.
34        Neither   a  fine  nor  restitution  shall  be  the  sole
 
HB1237 Engrossed            -16-     LRB093 04014 DRH 04053 b
 1    disposition for a felony and either or both  may  be  imposed
 2    only in conjunction with another disposition.
 3        (c) (1)  When a defendant is found guilty of first degree
 4        murder   the   State   may  either  seek  a  sentence  of
 5        imprisonment under Section 5-8-1 of this Code,  or  where
 6        appropriate seek a sentence of death under Section 9-1 of
 7        the Criminal Code of 1961.
 8             (2)  A  period  of  probation,  a  term  of periodic
 9        imprisonment  or  conditional  discharge  shall  not   be
10        imposed  for  the  following  offenses.  The  court shall
11        sentence the offender to not less than the  minimum  term
12        of  imprisonment set forth in this Code for the following
13        offenses, and may order a fine or restitution or both  in
14        conjunction with such term of imprisonment:
15                  (A)  First   degree   murder  where  the  death
16             penalty is not imposed.
17                  (B)  Attempted first degree murder.
18                  (C)  A Class X felony.
19                  (D)  A violation of Section 401.1 or 407 of the
20             Illinois Controlled Substances Act, or  a  violation
21             of  subdivision  (c)(1)  or (c)(2) of Section 401 of
22             that Act which relates to more than  5  grams  of  a
23             substance  containing heroin or cocaine or an analog
24             thereof.
25                  (E)  A violation of Section 5.1  or  9  of  the
26             Cannabis Control Act.
27                  (F)  A   Class  2  or  greater  felony  if  the
28             offender had been convicted of a Class 2 or  greater
29             felony  within  10  years  of  the date on which the
30             offender committed the offense for which he  or  she
31             is  being sentenced, except as otherwise provided in
32             Section 40-10 of the Alcoholism and Other Drug Abuse
33             and Dependency Act.
34                  (G)  Residential burglary, except as  otherwise
 
HB1237 Engrossed            -17-     LRB093 04014 DRH 04053 b
 1             provided  in  Section  40-10  of  the Alcoholism and
 2             Other Drug Abuse and Dependency Act.
 3                  (H)  Criminal   sexual   assault,   except   as
 4             otherwise  provided  in  subsection  (e)   of   this
 5             Section.
 6                  (I)  Aggravated battery of a senior citizen.
 7                  (J)  A  forcible  felony  if  the  offense  was
 8             related to the activities of an organized gang.
 9                  Before  July  1, 1994, for the purposes of this
10             paragraph, "organized gang" means an association  of
11             5  or  more  persons, with an established hierarchy,
12             that  encourages  members  of  the  association   to
13             perpetrate crimes or provides support to the members
14             of the association who do commit crimes.
15                  Beginning  July  1,  1994,  for the purposes of
16             this paragraph, "organized  gang"  has  the  meaning
17             ascribed  to  it  in  Section  10  of  the  Illinois
18             Streetgang Terrorism Omnibus Prevention Act.
19                  (K)  Vehicular hijacking.
20                  (L)  A  second or subsequent conviction for the
21             offense of hate crime when  the  underlying  offense
22             upon  which  the  hate  crime  is  based  is  felony
23             aggravated assault or felony mob action.
24                  (M)  A  second or subsequent conviction for the
25             offense of institutional vandalism if the damage  to
26             the property exceeds $300.
27                  (N)  A  Class  3  felony violation of paragraph
28             (1) of subsection (a) of Section 2  of  the  Firearm
29             Owners Identification Card Act.
30                  (O)  A  violation  of  Section  12-6.1  of  the
31             Criminal Code of 1961.
32                  (P)  A  violation  of  paragraph (1), (2), (3),
33             (4), (5),  or  (7)  of  subsection  (a)  of  Section
34             11-20.1 of the Criminal Code of 1961.
 
HB1237 Engrossed            -18-     LRB093 04014 DRH 04053 b
 1                  (Q)  A  violation  of  Section  20-1.2  of  the
 2             Criminal Code of 1961.
 3                  (R)  A   violation  of  Section  24-3A  of  the
 4             Criminal Code of 1961.
 5                  (S)  A violation of Section  11-501(c-1)(3)  of
 6             the Illinois Vehicle Code.
 7             (3)  A minimum term of imprisonment of not less than
 8        5  days  or  30  days  of  community  service  as  may be
 9        determined by the court shall be  imposed  for  a  second
10        violation   committed   within  5  years  of  a  previous
11        violation of Section 11-501 of the Illinois Vehicle  Code
12        or  a similar provision of a local ordinance. In the case
13        of a third or subsequent  violation  committed  within  5
14        years  of  a  previous violation of Section 11-501 of the
15        Illinois Vehicle Code or a similar provision of  a  local
16        ordinance,   a   minimum   term  of  either  10  days  of
17        imprisonment or 60 days of  community  service  shall  be
18        imposed.
19             (4)  A minimum term of imprisonment of not less than
20        10 consecutive days or 30 days of community service shall
21        be  imposed  for  a violation of paragraph (c) of Section
22        6-303 of the Illinois Vehicle Code.
23             (4.1)  A minimum term  of  30  consecutive  days  of
24        imprisonment, 40 days of 24 hour periodic imprisonment or
25        720  hours  of community service, as may be determined by
26        the court, shall be imposed for a  violation  of  Section
27        11-501  of  the  Illinois Vehicle Code during a period in
28        which the defendant's driving privileges are  revoked  or
29        suspended,  where  the revocation or suspension was for a
30        violation of Section 11-501 or Section 11-501.1  of  that
31        Code.
32             (4.2)  Except as provided in paragraph (4.3) of this
33        subsection  (c),  a  minimum  of  100  hours of community
34        service shall  be  imposed  for  a  second  violation  of
 
HB1237 Engrossed            -19-     LRB093 04014 DRH 04053 b
 1        Section 6-303 of the Illinois Vehicle Code.
 2             (4.3)  A  minimum term of imprisonment of 30 days or
 3        300 hours of community  service,  as  determined  by  the
 4        court,  shall  be  imposed  for  a  second  violation  of
 5        subsection  (c)  of Section 6-303 of the Illinois Vehicle
 6        Code.
 7             (4.4)  Except as provided  in  paragraph  (4.5)  and
 8        paragraph (4.6) of this subsection (c), a minimum term of
 9        imprisonment  of  30  days  or  300  hours  of  community
10        service, as determined by the court, shall be imposed for
11        a  third  or subsequent violation of Section 6-303 of the
12        Illinois Vehicle Code.
13             (4.5)  A minimum term of  imprisonment  of  30  days
14        shall  be imposed for a third violation of subsection (c)
15        of Section 6-303 of the Illinois Vehicle Code.
16             (4.6)  A minimum term of imprisonment  of  180  days
17        shall  be imposed for a fourth or subsequent violation of
18        subsection (c) of Section 6-303 of the  Illinois  Vehicle
19        Code.
20             (5)  The court may sentence an offender convicted of
21        a business offense or a petty offense or a corporation or
22        unincorporated association convicted of any offense to:
23                  (A)  a period of conditional discharge;
24                  (B)  a fine;
25                  (C)  make   restitution  to  the  victim  under
26             Section 5-5-6 of this Code.
27             (5.1)  In addition to any  penalties  imposed  under
28        paragraph  (5)  of  this  subsection  (c),  and except as
29        provided in paragraph (5.2) or (5.3), a person  convicted
30        of  violating  subsection  (c)  of  Section 11-907 of the
31        Illinois Vehicle Code shall  have  his  or  her  driver's
32        license,  permit, or privileges suspended for at least 90
33        days but  not  more  than  one  year,  if  the  violation
34        resulted in damage to the property of another person.
 
HB1237 Engrossed            -20-     LRB093 04014 DRH 04053 b
 1             (5.2)  In  addition  to  any penalties imposed under
 2        paragraph (5) of  this  subsection  (c),  and  except  as
 3        provided  in  paragraph  (5.3),  a  person  convicted  of
 4        violating   subsection  (c)  of  Section  11-907  of  the
 5        Illinois Vehicle Code shall  have  his  or  her  driver's
 6        license, permit, or privileges suspended for at least 180
 7        days but not more than 2 years, if the violation resulted
 8        in injury to another person.
 9             (5.3)  In  addition  to  any penalties imposed under
10        paragraph (5) of this subsection (c), a person  convicted
11        of  violating  subsection  (c)  of  Section 11-907 of the
12        Illinois Vehicle Code shall  have  his  or  her  driver's
13        license,  permit, or privileges suspended for 2 years, if
14        the violation resulted in the death of another person.
15             (6)  In no case shall an offender be eligible for  a
16        disposition  of  probation or conditional discharge for a
17        Class 1 felony committed while he was serving a  term  of
18        probation or conditional discharge for a felony.
19             (7)  When   a   defendant  is  adjudged  a  habitual
20        criminal under Article 33B of the Criminal Code of  1961,
21        the  court  shall  sentence  the  defendant  to a term of
22        natural life imprisonment.
23             (8)  When a defendant, over the age of 21 years,  is
24        convicted  of  a  Class 1 or Class 2 felony, after having
25        twice been convicted in any state or federal court of  an
26        offense that contains the same elements as an offense now
27        classified  in  Illinois  as  a  Class 2 or greater Class
28        felony and such charges are separately brought and  tried
29        and arise out of different series of acts, such defendant
30        shall  be sentenced as a Class X offender. This paragraph
31        shall not apply unless (1) the first felony was committed
32        after the effective date of this amendatory Act of  1977;
33        and  (2) the second felony was committed after conviction
34        on the first; and (3)  the  third  felony  was  committed
 
HB1237 Engrossed            -21-     LRB093 04014 DRH 04053 b
 1        after  conviction  on the second. A person sentenced as a
 2        Class X offender under this paragraph is not eligible  to
 3        apply  for  treatment  as  a  condition  of  probation as
 4        provided by Section 40-10 of  the  Alcoholism  and  Other
 5        Drug Abuse and Dependency Act.
 6             (9)  A defendant convicted of a second or subsequent
 7        offense  of  ritualized abuse of a child may be sentenced
 8        to a term of natural life imprisonment.
 9             (10)  When  a  person  is  convicted  of   violating
10        Section  11-501 of the Illinois Vehicle Code or a similar
11        provision of a local ordinance, the  following  penalties
12        apply  when his or her blood, breath, or urine was .16 or
13        more based on the definition of blood, breath,  or  urine
14        units  in Section 11-501.2 or that person is convicted of
15        violating Section 11-501 of  the  Illinois  Vehicle  Code
16        while transporting a child under the age of 16:
17                  (A)  For a first violation of subsection (a) of
18             Section  11-501,  in  addition  to any other penalty
19             that may be imposed under subsection (c) of  Section
20             11-501:   a   mandatory  minimum  of  100  hours  of
21             community service and a minimum fine of $500.
22                  (B)  For a second violation of  subsection  (a)
23             of  Section 11-501, in addition to any other penalty
24             that may be imposed under subsection (c) of  Section
25             11-501  within  10  years:  a mandatory minimum of 2
26             days of imprisonment and a minimum fine of $1,250.
27                  (C)  For a third 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 within 20 years: a mandatory  minimum  of  90
31             days of imprisonment and a minimum fine of $2,500.
32                  (D)  For  a  fourth  or subsequent violation of
33             subsection (a) of Section 11-501: ineligibility  for
34             a sentence of probation or conditional discharge and
 
HB1237 Engrossed            -22-     LRB093 04014 DRH 04053 b
 1             a minimum fine of $2,500.
 2        (d)  In  any  case in which a sentence originally imposed
 3    is vacated, the case shall be remanded to  the  trial  court.
 4    The  trial  court shall hold a hearing under Section 5-4-1 of
 5    the Unified Code of Corrections which may include evidence of
 6    the defendant's life, moral character and  occupation  during
 7    the  time  since the original sentence was passed.  The trial
 8    court shall then impose sentence  upon  the  defendant.   The
 9    trial  court  may  impose  any sentence which could have been
10    imposed at the original trial subject to Section 5-5-4 of the
11    Unified Code of Corrections. If  a  sentence  is  vacated  on
12    appeal  or  on  collateral  attack  due to the failure of the
13    trier of fact at trial to determine beyond a reasonable doubt
14    the existence of a  fact  (other  than  a  prior  conviction)
15    necessary  to  increase the punishment for the offense beyond
16    the  statutory  maximum  otherwise  applicable,  either   the
17    defendant  may  be  re-sentenced  to  a term within the range
18    otherwise provided or, if  the  State  files  notice  of  its
19    intention  to again seek the extended sentence, the defendant
20    shall be afforded a new trial.
21        (e)  In  cases  where  prosecution  for  criminal  sexual
22    assault or aggravated criminal  sexual  abuse  under  Section
23    12-13  or  12-16  of  the  Criminal  Code  of 1961 results in
24    conviction of a defendant who was  a  family  member  of  the
25    victim  at  the  time  of  the commission of the offense, the
26    court shall consider the safety and welfare of the victim and
27    may impose a sentence of probation only where:
28             (1)  the  court  finds  (A)  or  (B)  or  both   are
29        appropriate:
30                  (A)  the  defendant  is  willing  to  undergo a
31             court approved  counseling  program  for  a  minimum
32             duration of 2 years; or
33                  (B)  the defendant is willing to participate in
34             a  court  approved plan including but not limited to
 
HB1237 Engrossed            -23-     LRB093 04014 DRH 04053 b
 1             the defendant's:
 2                       (i)  removal from the household;
 3                       (ii)  restricted contact with the victim;
 4                       (iii)  continued financial support of  the
 5                  family;
 6                       (iv)  restitution  for  harm  done  to the
 7                  victim; and
 8                       (v)  compliance with  any  other  measures
 9                  that the court may deem appropriate; and
10             (2)  the  court  orders the defendant to pay for the
11        victim's counseling services,  to  the  extent  that  the
12        court finds, after considering the defendant's income and
13        assets,  that  the  defendant  is  financially capable of
14        paying for such services, if  the  victim  was  under  18
15        years  of  age  at the time the offense was committed and
16        requires counseling as a result of the offense.
17        Probation may be revoked or modified pursuant to  Section
18    5-6-4;  except where the court determines at the hearing that
19    the defendant violated a condition of his  or  her  probation
20    restricting  contact  with the victim or other family members
21    or commits another offense with the victim  or  other  family
22    members, the court shall revoke the defendant's probation and
23    impose a term of imprisonment.
24        For  the  purposes  of  this Section, "family member" and
25    "victim" shall have the meanings ascribed to them in  Section
26    12-12 of the Criminal Code of 1961.
27        (f)  This  Article  shall  not  deprive  a court in other
28    proceedings to order a forfeiture of property, to suspend  or
29    cancel  a  license,  to  remove  a  person from office, or to
30    impose any other civil penalty.
31        (g)  Whenever a defendant  is  convicted  of  an  offense
32    under  Sections  11-14,  11-15, 11-15.1, 11-16, 11-17, 11-18,
33    11-18.1, 11-19,  11-19.1,  11-19.2,  12-13,  12-14,  12-14.1,
34    12-15  or  12-16  of the Criminal Code of 1961, the defendant
 
HB1237 Engrossed            -24-     LRB093 04014 DRH 04053 b
 1    shall  undergo  medical  testing  to  determine  whether  the
 2    defendant has any sexually transmissible disease, including a
 3    test for infection with human immunodeficiency virus (HIV) or
 4    any   other   identified   causative   agent   of    acquired
 5    immunodeficiency  syndrome  (AIDS).   Any  such  medical test
 6    shall be performed only  by  appropriately  licensed  medical
 7    practitioners  and  may  include  an  analysis  of any bodily
 8    fluids as well as an examination of the  defendant's  person.
 9    Except as otherwise provided by law, the results of such test
10    shall  be kept strictly confidential by all medical personnel
11    involved in the testing and must be personally delivered in a
12    sealed envelope to the  judge  of  the  court  in  which  the
13    conviction  was entered for the judge's inspection in camera.
14    Acting in accordance with the best interests  of  the  victim
15    and  the  public,  the  judge  shall  have  the discretion to
16    determine to whom, if anyone, the results of the testing  may
17    be revealed. The court shall notify the defendant of the test
18    results.  The court shall also notify the victim if requested
19    by  the  victim, and if the victim is under the age of 15 and
20    if requested by the victim's parents or legal  guardian,  the
21    court  shall notify the victim's parents or legal guardian of
22    the test results.  The court shall provide information on the
23    availability of HIV testing and counseling at  Department  of
24    Public  Health  facilities to all parties to whom the results
25    of the testing are revealed  and  shall  direct  the  State's
26    Attorney  to  provide  the  information  to  the  victim when
27    possible. A State's Attorney may petition the court to obtain
28    the results of any HIV test administered under this  Section,
29    and  the  court  shall  grant  the  disclosure if the State's
30    Attorney shows it is relevant in order to prosecute a  charge
31    of  criminal transmission of HIV under Section 12-16.2 of the
32    Criminal Code of 1961 against the defendant.  The court shall
33    order that the cost of any such test shall  be  paid  by  the
34    county  and  may  be  taxed  as  costs  against the convicted
 
HB1237 Engrossed            -25-     LRB093 04014 DRH 04053 b
 1    defendant.
 2        (g-5)  When  an  inmate  is  tested   for   an   airborne
 3    communicable   disease,   as   determined   by  the  Illinois
 4    Department of Public Health  including  but  not  limited  to
 5    tuberculosis,  the  results  of  the test shall be personally
 6    delivered by the warden or his or her designee  in  a  sealed
 7    envelope  to  the judge of the court in which the inmate must
 8    appear for the judge's inspection in camera if  requested  by
 9    the  judge.   Acting in accordance with the best interests of
10    those in the courtroom, the judge shall have  the  discretion
11    to  determine  what  if  any  precautions need to be taken to
12    prevent transmission of the disease in the courtroom.
13        (h)  Whenever a defendant  is  convicted  of  an  offense
14    under  Section  1 or 2 of the Hypodermic Syringes and Needles
15    Act, the defendant shall undergo medical testing to determine
16    whether   the   defendant   has   been   exposed   to   human
17    immunodeficiency  virus  (HIV)  or   any   other   identified
18    causative agent of acquired immunodeficiency syndrome (AIDS).
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  public,
25    the  judge shall have the discretion to determine to whom, if
26    anyone, the results of the testing may be revealed. The court
27    shall notify the defendant of  a  positive  test  showing  an
28    infection  with  the  human immunodeficiency virus (HIV). The
29    court shall provide information on the  availability  of  HIV
30    testing   and  counseling  at  Department  of  Public  Health
31    facilities to all parties to whom the results of the  testing
32    are revealed and shall direct the State's Attorney to provide
33    the  information  to  the  victim  when  possible.  A State's
34    Attorney may petition the court to obtain the results of  any
 
HB1237 Engrossed            -26-     LRB093 04014 DRH 04053 b
 1    HIV  test  administered  under  this   Section, and the court
 2    shall grant the disclosure if the State's Attorney  shows  it
 3    is  relevant  in  order  to  prosecute  a  charge of criminal
 4    transmission of HIV under Section  12-16.2  of  the  Criminal
 5    Code  of  1961  against  the defendant. The court shall order
 6    that the cost of any such test shall be paid  by  the  county
 7    and may be taxed as costs against the convicted defendant.
 8        (i)  All  fines  and penalties imposed under this Section
 9    for any violation of Chapters 3, 4, 6, and 11 of the Illinois
10    Vehicle Code, or a similar provision of  a  local  ordinance,
11    and any violation of the Child Passenger Protection Act, or a
12    similar  provision  of  a local ordinance, shall be collected
13    and disbursed by the circuit clerk as provided under  Section
14    27.5 of the Clerks of Courts Act.
15        (j)  In  cases  when  prosecution  for  any  violation of
16    Section 11-6,  11-8,  11-9,  11-11,  11-14,  11-15,  11-15.1,
17    11-16,   11-17,  11-17.1,  11-18,  11-18.1,  11-19,  11-19.1,
18    11-19.2, 11-20.1, 11-21, 12-13,  12-14,  12-14.1,  12-15,  or
19    12-16  of  the  Criminal  Code  of 1961, any violation of the
20    Illinois Controlled Substances Act, or any violation  of  the
21    Cannabis  Control Act results in conviction, a disposition of
22    court supervision, or an order  of  probation  granted  under
23    Section  10 of the Cannabis Control Act or Section 410 of the
24    Illinois Controlled Substance Act of a defendant,  the  court
25    shall  determine  whether  the  defendant  is  employed  by a
26    facility or center as defined under the  Child  Care  Act  of
27    1969,  a public or private elementary or secondary school, or
28    otherwise works with children under 18  years  of  age  on  a
29    daily  basis.   When  a  defendant  is so employed, the court
30    shall order the Clerk of the Court to  send  a  copy  of  the
31    judgment  of  conviction or order of supervision or probation
32    to  the  defendant's  employer  by  certified  mail.  If  the
33    employer of the defendant is a school, the Clerk of the Court
34    shall direct the  mailing  of  a  copy  of  the  judgment  of
 
HB1237 Engrossed            -27-     LRB093 04014 DRH 04053 b
 1    conviction  or  order  of  supervision  or  probation  to the
 2    appropriate regional superintendent of schools.  The regional
 3    superintendent of schools shall notify  the  State  Board  of
 4    Education of any notification under this subsection.
 5        (j-5)  A  defendant  at  least  17  years  of  age who is
 6    convicted of  a  felony  and  who  has  not  been  previously
 7    convicted  of a misdemeanor or felony and who is sentenced to
 8    a  term  of  imprisonment  in  the  Illinois  Department   of
 9    Corrections  shall  as  a condition of his or her sentence be
10    required by the court to attend educational courses  designed
11    to  prepare  the  defendant  for a high school diploma and to
12    work toward a high school diploma or to work  toward  passing
13    the high school level Test of General Educational Development
14    (GED)  or  to  work  toward  completing a vocational training
15    program offered by  the  Department  of  Corrections.   If  a
16    defendant fails to complete the educational training required
17    by  his or her sentence during the term of incarceration, the
18    Prisoner Review Board shall,  as  a  condition  of  mandatory
19    supervised  release, require the defendant, at his or her own
20    expense, to pursue a course of study  toward  a  high  school
21    diploma  or  passage  of  the  GED test.  The Prisoner Review
22    Board shall revoke the  mandatory  supervised  release  of  a
23    defendant  who  wilfully fails to comply with this subsection
24    (j-5) upon his or her release from  confinement  in  a  penal
25    institution  while  serving  a  mandatory  supervised release
26    term; however, the inability of the defendant after making  a
27    good  faith  effort  to  obtain  financial aid or pay for the
28    educational training shall not be deemed a wilful failure  to
29    comply.    The  Prisoner  Review  Board  shall  recommit  the
30    defendant whose mandatory supervised release  term  has  been
31    revoked  under  this  subsection (j-5) as provided in Section
32    3-3-9.  This subsection (j-5) does not apply to  a  defendant
33    who  has a high school diploma or has successfully passed the
34    GED test. This subsection (j-5) does not apply to a defendant
 
HB1237 Engrossed            -28-     LRB093 04014 DRH 04053 b
 1    who is determined by the court to be developmentally disabled
 2    or otherwise mentally incapable of completing the educational
 3    or vocational program.
 4        (k)  A court may not impose a sentence or disposition for
 5    a felony or misdemeanor that requires  the  defendant  to  be
 6    implanted  or  injected  with  or  to  use  any form of birth
 7    control.
 8        (l) (A)  Except  as  provided   in   paragraph   (C)   of
 9        subsection  (l), whenever a defendant, who is an alien as
10        defined  by  the  Immigration  and  Nationality  Act,  is
11        convicted of any felony or misdemeanor offense, the court
12        after sentencing the defendant may, upon  motion  of  the
13        State's  Attorney,  hold  sentence in abeyance and remand
14        the defendant to the custody of the Attorney  General  of
15        the  United  States  or his or her designated agent to be
16        deported when:
17                  (1)  a final  order  of  deportation  has  been
18             issued against the defendant pursuant to proceedings
19             under the Immigration and Nationality Act, and
20                  (2)  the deportation of the defendant would not
21             deprecate the seriousness of the defendant's conduct
22             and  would  not  be  inconsistent  with  the ends of
23             justice.
24             Otherwise,  the  defendant  shall  be  sentenced  as
25        provided in this Chapter V.
26             (B)  If the defendant has already been sentenced for
27        a felony or misdemeanor offense, or has  been  placed  on
28        probation under Section 10 of the Cannabis Control Act or
29        Section  410  of  the Illinois Controlled Substances Act,
30        the court may, upon motion of  the  State's  Attorney  to
31        suspend the sentence imposed, commit the defendant to the
32        custody  of  the Attorney General of the United States or
33        his or her designated agent when:
34                  (1)  a final  order  of  deportation  has  been
 
HB1237 Engrossed            -29-     LRB093 04014 DRH 04053 b
 1             issued against the defendant pursuant to proceedings
 2             under the Immigration and Nationality Act, and
 3                  (2)  the deportation of the defendant would not
 4             deprecate the seriousness of the defendant's conduct
 5             and  would  not  be  inconsistent  with  the ends of
 6             justice.
 7             (C)  This subsection (l) does not apply to offenders
 8        who are subject to the provisions  of  paragraph  (2)  of
 9        subsection (a) of Section 3-6-3.
10             (D)  Upon  motion  of  the  State's  Attorney,  if a
11        defendant sentenced under this  Section  returns  to  the
12        jurisdiction of the United States, the defendant shall be
13        recommitted to the custody of the county from which he or
14        she  was  sentenced.  Thereafter,  the defendant shall be
15        brought before the sentencing court, which may impose any
16        sentence that was available under Section  5-5-3  at  the
17        time  of  initial sentencing.  In addition, the defendant
18        shall not be eligible for additional good conduct  credit
19        for meritorious service as provided under Section 3-6-6.
20        (m)  A   person   convicted  of  criminal  defacement  of
21    property under Section 21-1.3 of the Criminal Code  of  1961,
22    in  which  the  property damage exceeds $300 and the property
23    damaged is a school building, shall  be  ordered  to  perform
24    community  service  that  may  include  cleanup,  removal, or
25    painting over the defacement.
26    (Source: P.A. 91-357,  eff.  7-29-99;  91-404,  eff.  1-1-00;
27    91-663,  eff.  12-22-99;  91-695,  eff. 4-13-00; 91-953, eff.
28    2-23-01; 92-183, eff. 7-27-01; 92-248, eff.  8-3-01;  92-283,
29    eff.  1-1-02;  92-340,  eff.  8-10-01;  92-418, eff. 8-17-01;
30    92-422, eff. 8-17-01;  92-651,  eff.  7-11-02;  92-698,  eff.
31    7-19-02.)