093_SB2124

 
                                     LRB093 13523 DRH 19887 b

 1        AN ACT in relation to driving offenses.

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

 4        Section 5.  The  Illinois  Vehicle  Code  is  amended  by
 5    changing Section 11-501 as follows:

 6        (625 ILCS 5/11-501) (from Ch. 95 1/2, par. 11-501)
 7        Sec.  11-501.   Driving  while  under  the  influence  of
 8    alcohol,  other  drug  or  drugs,  intoxicating  compound  or
 9    compounds or any combination thereof.
10        (a)  A  person  shall  not drive or be in actual physical
11    control of any vehicle within this State while:
12             (1)  the alcohol concentration in the person's blood
13        or breath is 0.08 or more  based  on  the  definition  of
14        blood and breath units in Section 11-501.2;
15             (2)  under the influence of alcohol;
16             (3)  under   the   influence   of  any  intoxicating
17        compound or combination of intoxicating  compounds  to  a
18        degree  that  renders  the  person  incapable  of driving
19        safely;
20             (4)  under  the  influence  of  any  other  drug  or
21        combination of drugs to a degree that renders the  person
22        incapable of safely driving;
23             (5)  under  the combined influence of alcohol, other
24        drug or drugs, or intoxicating compound or compounds to a
25        degree  that  renders  the  person  incapable  of  safely
26        driving; or
27             (6)  there is any amount of a  drug,  substance,  or
28        compound   in   the  person's  breath,  blood,  or  urine
29        resulting  from  the  unlawful  use  or  consumption   of
30        cannabis listed in the Cannabis Control Act, a controlled
31        substance  listed  in  the Illinois Controlled Substances
 
                            -2-      LRB093 13523 DRH 19887 b
 1        Act, or an intoxicating compound listed  in  the  Use  of
 2        Intoxicating Compounds Act.
 3        (b)  The fact that any person charged with violating this
 4    Section is or has been legally entitled to use alcohol, other
 5    drug  or drugs, or intoxicating compound or compounds, or any
 6    combination thereof,  shall not constitute a defense  against
 7    any charge of violating this Section.
 8        (b-1)  With   regard  to  penalties  imposed  under  this
 9    Section:
10             (1)  Any  reference  to   a   prior   violation   of
11        subsection  (a)  or  a  similar  provision  includes  any
12        violation  of  a  provision  of  a  local  ordinance or a
13        provision of a law of another state that is similar to  a
14        violation of subsection (a) of this Section.
15             (2)  Any  penalty imposed for driving with a license
16        that  has  been  revoked  for  a  previous  violation  of
17        subsection (a) of this Section shall be  in  addition  to
18        the  penalty  imposed  for  any  subsequent  violation of
19        subsection (a).
20        (b-2)  Except as otherwise provided in this Section,  any
21    person  convicted of violating subsection (a) of this Section
22    is guilty of a Class A misdemeanor.
23        (b-3)  In   addition   to   any   other    criminal    or
24    administrative   sanction   for   any  second  conviction  of
25    violating subsection (a) or  a  similar  provision  committed
26    within 5 years of a previous violation of subsection (a) or a
27    similar  provision,  the  defendant  shall  be sentenced to a
28    mandatory minimum of 5 days of  imprisonment  or  assigned  a
29    mandatory minimum of 240 hours of community service as may be
30    determined by the court.
31        (b-4)  In  the  case  of  a third or subsequent violation
32    committed  within  5  years  of  a  previous   violation   of
33    subsection  (a)  or  a  similar provision, in addition to any
34    other  criminal  or  administrative  sanction,  a   mandatory
 
                            -3-      LRB093 13523 DRH 19887 b
 1    minimum  term  of either 10 days of imprisonment or 480 hours
 2    of community service shall be imposed.
 3        (b-5)  The  imprisonment  or  assignment   of   community
 4    service  under  subsections  (b-3)  and  (b-4)  shall  not be
 5    subject to suspension, nor shall the person be eligible for a
 6    reduced sentence.
 7        (c)  (Blank). Except as provided under paragraphs  (c-3),
 8    (c-4),  and  (d)  of  this Section, every person convicted of
 9    violating this Section or a  similar  provision  of  a  local
10    ordinance,  shall  be guilty of a Class A misdemeanor and, in
11    addition to any other criminal or administrative action,  for
12    any  second conviction of violating this Section or a similar
13    provision of a  law  of  another  state  or  local  ordinance
14    committed  within  5  years  of  a previous violation of this
15    Section or a similar provision of a local ordinance shall  be
16    mandatorily  sentenced to a minimum of 5 days of imprisonment
17    or assigned to a minimum of 30 days of community  service  as
18    may  be  determined  by  the court. Every person convicted of
19    violating this Section or a  similar  provision  of  a  local
20    ordinance shall be subject to an additional mandatory minimum
21    fine  of $500 and an additional mandatory 5 days of community
22    service in  a  program  benefiting  children  if  the  person
23    committed a violation of paragraph (a) or a similar provision
24    of  a  local  ordinance while transporting a person under age
25    16.  Every person convicted a second time for violating  this
26    Section  or a similar provision of a local ordinance within 5
27    years of a previous violation of this Section  or  a  similar
28    provision  of a law of another state or local ordinance shall
29    be subject to an additional mandatory minimum  fine  of  $500
30    and an additional 10 days of mandatory community service in a
31    program  benefiting  children  if  the  current  offense  was
32    committed  while  transporting  a  person  under age 16.  The
33    imprisonment or assignment under this subsection shall not be
34    subject to suspension nor shall the person  be  eligible  for
 
                            -4-      LRB093 13523 DRH 19887 b
 1    probation in order to reduce the sentence or assignment.
 2        (c-1) (1)  A  person  who  violates  subsection  (a) this
 3        Section during a period  in  which  his  or  her  driving
 4        privileges are revoked or suspended, where the revocation
 5        or  suspension was for a violation of subsection (a) this
 6        Section,  Section  11-501.1,  paragraph  (b)  of  Section
 7        11-401, or for reckless homicide as  defined  in  Section
 8        9-3  of  the Criminal Code of 1961 is guilty of a Class 4
 9        felony.
10             (2)  A  person  who  violates  subsection  (a)  this
11        Section a third  time,  if  the  third  violation  occurs
12        during  a  period  in which his or her driving privileges
13        are  revoked  or  suspended  where  the   revocation   or
14        suspension  was  for  a  violation of subsection (a) this
15        Section,  Section  11-501.1,  paragraph  (b)  of  Section
16        11-401, or for reckless homicide as  defined  in  Section
17        9-3  of the Criminal Code of 1961, is guilty of a Class 3
18        felony.
19             (2.1)  A person who violates subsection (a) a  third
20        time,  if  the  third violation occurs during a period in
21        which his  or  her  driving  privileges  are  revoked  or
22        suspended  where  the  revocation or suspension was for a
23        violation of subsection (a), Section 11-501.1, subsection
24        (b) of  Section  11-401,  or  for  reckless  homicide  as
25        defined  in  Section 9-3 of the Criminal Code of 1961, is
26        guilty of a Class 3 felony; and if the person receives  a
27        term  of  probation  or  conditional discharge, he or she
28        shall be required to serve a mandatory minimum of 10 days
29        of imprisonment or shall be assigned a mandatory  minimum
30        of  480  hours of community service, as may be determined
31        by  the  court,  as  a  condition  of  the  probation  or
32        conditional discharge. This  mandatory  minimum  term  of
33        imprisonment or assignment of community service shall not
34        be suspended or reduced by the court.
 
                            -5-      LRB093 13523 DRH 19887 b
 1             (2.2)  A  person who violates subsection (a), if the
 2        violation occurs during a period  in  which  his  or  her
 3        driving  privileges  are  revoked  or suspended where the
 4        revocation  or  suspension  was  for   a   violation   of
 5        subsection   (a)  or  Section  11-501.1,  shall  also  be
 6        sentenced to an additional mandatory minimum term  of  30
 7        consecutive  days  of  imprisonment,  40  days of 24-hour
 8        periodic imprisonment, or 720 hours of community service,
 9        as may be determined by the court.  This  mandatory  term
10        of  imprisonment or assignment of community service shall
11        not be suspended or reduced by the court.
12             (3)  A  person  who  violates  subsection  (a)  this
13        Section a fourth or subsequent time,  if  the  fourth  or
14        subsequent  violation occurs during a period in which his
15        or her driving privileges are revoked or suspended  where
16        the  revocation  or  suspension  was  for  a violation of
17        subsection (a) this Section, Section 11-501.1,  paragraph
18        (b)  of  Section  11-401,  or  for  reckless  homicide as
19        defined in Section 9-3 of the Criminal Code of  1961,  is
20        guilty  of  a  Class  2  felony and is not eligible for a
21        sentence of probation or conditional discharge.
22        (c-2)  (Blank).
23        (c-3)  (Blank). Every person convicted of violating  this
24    Section or a similar provision of a local ordinance who had a
25    child  under age 16 in the vehicle at the time of the offense
26    shall have his or her punishment under this Act enhanced by 2
27    days  of  imprisonment  for  a  first  offense,  10  days  of
28    imprisonment for a second offense, 30  days  of  imprisonment
29    for a third offense, and 90 days of imprisonment for a fourth
30    or  subsequent offense, in addition to the fine and community
31    service  required  under  subsection  (c)  and  the  possible
32    imprisonment required under subsection (d).  The imprisonment
33    or assignment under this subsection shall not be  subject  to
34    suspension  nor shall the person be eligible for probation in
 
                            -6-      LRB093 13523 DRH 19887 b
 1    order to reduce the sentence or assignment.
 2        (c-4)  (Blank). When a person is convicted  of  violating
 3    Section 11-501 of this Code or a similar provision of a local
 4    ordinance,  the  following  penalties  apply  when his or her
 5    blood, breath,  or  urine  was  .16  or  more  based  on  the
 6    definition  of  blood,  breath,  or  urine  units  in Section
 7    11-501.2 or when that person is convicted of  violating  this
 8    Section while transporting a child under the age of 16:
 9             (1)  A   person   who   is  convicted  of  violating
10        subsection (a) of Section 11-501 of  this  Code  a  first
11        time,  in  addition  to  any  other  penalty  that may be
12        imposed under subsection (c), is subject to  a  mandatory
13        minimum  of  100 hours of community service and a minimum
14        fine of $500.
15             (2)  A  person  who  is   convicted   of   violating
16        subsection  (a)  of  Section 11-501 of this Code a second
17        time within 10 years, in addition to  any  other  penalty
18        that may be imposed under subsection (c), is subject to a
19        mandatory minimum of 2 days of imprisonment and a minimum
20        fine of $1,250.
21             (3)  A   person   who   is  convicted  of  violating
22        subsection (a) of Section 11-501 of  this  Code  a  third
23        time  within  20 years is guilty of a Class 4 felony and,
24        in addition to any other  penalty  that  may  be  imposed
25        under  subsection  (c), is subject to a mandatory minimum
26        of 90 days of imprisonment and a minimum fine of $2,500.
27             (4)  A person who is  convicted  of  violating  this
28        subsection (c-4) a fourth or subsequent time is guilty of
29        a  Class  2  felony and, in addition to any other penalty
30        that may be imposed under subsection (c), is not eligible
31        for a sentence of probation or conditional discharge  and
32        is subject to a minimum fine of $2,500.
33        (c-5)  A  person  who  violates  subsection  (a),  if the
34    person was transporting a person under the age of 16  at  the
 
                            -7-      LRB093 13523 DRH 19887 b
 1    time  of the violation, is subject to an additional mandatory
 2    minimum fine of $1,000, an additional mandatory  minimum  140
 3    hours  of  community service, which shall include 40 hours of
 4    community service in a program benefiting  children,  and  an
 5    additional  2  days  of  imprisonment.  The  imprisonment  or
 6    assignment  of  community service under this subsection (c-5)
 7    is not subject to suspension, nor is the person eligible  for
 8    a reduced sentence.
 9        (c-6)  Except  as provided in subsections (c-7) and (c-8)
10    a person who violates subsection (a) a second time, if at the
11    time of the second violation the person  was  transporting  a
12    person  under  the  age of 16, is subject to an additional 10
13    days of imprisonment, an additional mandatory minimum fine of
14    $1,000, and an additional  mandatory  minimum  140  hours  of
15    community  service, which shall include 40 hours of community
16    service in a program benefiting children. The imprisonment or
17    assignment of community service under this  subsection  (c-6)
18    is  not subject to suspension, nor is the person eligible for
19    a reduced sentence.
20        (c-7)  Except as provided in subsection (c-8), any person
21    convicted  of  violating  subsection  (c-6)  or   a   similar
22    provision   within  10  years  of  a  previous  violation  of
23    subsection (a) or  a  similar  provision  shall  receive,  in
24    addition to any other penalty imposed, a mandatory minimum 12
25    days  imprisonment,  an  additional  40  hours  of  mandatory
26    community  service  in  a  program benefiting children, and a
27    mandatory  minimum  fine  of  $1,750.  The  imprisonment   or
28    assignment  of  community service under this subsection (c-7)
29    is not subject to suspension, nor is the person eligible  for
30    a reduced sentence.
31        (c-8)  any person convicted of violating subsection (c-6)
32    or a similar provision within 5 years of a previous violation
33    of  subsection  (a)  or a similar provision shall receive, in
34    addition to any other penalty imposed, an additional 80 hours
 
                            -8-      LRB093 13523 DRH 19887 b
 1    of  mandatory  community  service  in  a  program  benefiting
 2    children,  an  additional  mandatory  minimum  12   days   of
 3    imprisonment,  and  a  mandatory  minimum fine of $1,750. The
 4    imprisonment or assignment of community  service  under  this
 5    subsection  (c-8)  is  not  subject to suspension, nor is the
 6    person eligible for a reduced sentence.
 7        (c-9)  Any person convicted a third  time  for  violating
 8    subsection  (a) or a similar provision, if at the time of the
 9    third violation the person was transporting  a  person  under
10    the  age 16, is guilty of a Class 4 felony and shall receive,
11    in addition to  any  other  penalty  imposed,  an  additional
12    mandatory  fine  of $1,000, an additional mandatory 140 hours
13    of community service, which  shall  include  40  hours  in  a
14    program  benefiting children, and a mandatory minimum 30 days
15    of imprisonment. The imprisonment or assignment of  community
16    service  under  this  subsection  (c-9)  is  not  subject  to
17    suspension,   nor  is  the  person  eligible  for  a  reduced
18    sentence.
19        (c-10)  Any  person  convicted  of  violating  subsection
20    (c-9) or a similar provision a third time within 20 years  of
21    a previous violation of subsection (a) or a similar provision
22    is  guilty of a Class 4 felony and shall receive, in addition
23    to any other penalty  imposed,  an  additional  mandatory  40
24    hours  of community service in a program benefiting children,
25    an additional  mandatory  fine  of  $3000,  and  a  mandatory
26    minimum   120  days  of  imprisonment.  The  imprisonment  or
27    assignment of community service under this subsection  (c-10)
28    is  not subject to suspension, nor is the person eligible for
29    a reduced sentence.
30        (c-11)  Any person convicted a fourth or subsequent  time
31    for  violating  subsection  (a) or a similar provision, if at
32    the time of the fourth or subsequent violation the person was
33    transporting a person  under  the  age  of  16,  and  if  the
34    person's  3  prior  violations  of  subsection (a) or similar
 
                            -9-      LRB093 13523 DRH 19887 b
 1    provision occurred while transporting a person under the  age
 2    of 16 or while the alcohol concentration in his or her blood,
 3    breath,  or urine was 0.16 or more based on the definition of
 4    blood, breath, or urine units in Section 11-501.2, is  guilty
 5    of  a  Class  2  felony,  is  not  eligible  for probation or
 6    conditional discharge, and is subject to a  minimum  fine  of
 7    $3,000.
 8        (c-12)  Any  person  convicted  of  a  first violation of
 9    subsection  (a)  or  a  similar  provision,  if  the  alcohol
10    concentration in his or her blood, breath, or urine was  0.16
11    or  more  based  on the definition of blood, breath, or urine
12    units in Section 11-501.2, shall be subject, in  addition  to
13    any other penalty that may be imposed, to a mandatory minimum
14    of  100  hours  of  community service and a mandatory minimum
15    fine of $500.
16        (c-13)  Any person convicted of  a  second  violation  of
17    subsection  (a) or a similar provision, if at the time of the
18    second violation of subsection (a) the alcohol  concentration
19    in  his or her blood, breath, or urine was 0.16 or more based
20    on the definition of blood, breath, or urine units in Section
21    11-501.2, shall be subject, in addition to any other  penalty
22    that  may  be  imposed,  to  a mandatory minimum of 2 days of
23    imprisonment and a mandatory minimum fine of $1,250.
24        (c-14)  Any person convicted  of  a  third  violation  of
25    subsection  (a)  or  a similar provision within 20 years of a
26    previous violation of subsection (a) or a similar  provision,
27    if  at the time of the third violation of subsection (a) or a
28    similar provision the alcohol concentration  in  his  or  her
29    blood,  breath,  or  urine  was  0.16  or  more  based on the
30    definition of  blood,  breath,  or  urine  units  in  Section
31    11-501.2, is guilty of a Class 4 felony and shall be subject,
32    in  addition  to  any other penalty that may be imposed, to a
33    mandatory minimum of 90 days of imprisonment and a  mandatory
34    minimum fine of $2,500.
 
                            -10-     LRB093 13523 DRH 19887 b
 1        (c-15)  Any  person  convicted  of a fourth or subsequent
 2    violation of subsection (a) or a similar provision, if at the
 3    time of  the  fourth  or  subsequent  violation  the  alcohol
 4    concentration  in his or her blood, breath, or urine was 0.16
 5    or more based on the definition of blood,  breath,  or  urine
 6    units  in  Section  11-501.2,  and  if  the  person's 3 prior
 7    violations of subsection (a) or a similar provision  occurred
 8    while  transporting a person under the age of 16 or while the
 9    alcohol concentration in his or her blood, breath,  or  urine
10    was 0.16 or more based on the definition of blood, breath, or
11    urine  units  in  Section  11-501.2,  is  guilty of a Class 2
12    felony and is not eligible for a  sentence  of  probation  or
13    conditional  discharge  and  is  subject to a minimum fine of
14    $2,500.
15        (d) (1)  Every person convicted of committing a violation
16        of this Section shall be  guilty  of  aggravated  driving
17        under  the  influence of alcohol, other drug or drugs, or
18        intoxicating compound or compounds,  or  any  combination
19        thereof if:
20                  (A)  the   person   committed  a  violation  of
21             subsection (a) this Section, or a similar  provision
22             of  a law of another state or a local ordinance when
23             the cause of action is the same as or  substantially
24             similar to this Section, for the third or subsequent
25             time;
26                  (B)  the   person   committed  a  violation  of
27             subsection paragraph (a) while driving a school  bus
28             with  persons 18 years of age or younger children on
29             board;
30                  (C)  the person in committing  a  violation  of
31             subsection  paragraph  (a)  was  involved in a motor
32             vehicle accident that resulted in great bodily  harm
33             or permanent disability or disfigurement to another,
34             when  the  violation  was  a  proximate cause of the
 
                            -11-     LRB093 13523 DRH 19887 b
 1             injuries;
 2                  (D)  the  person  committed  a   violation   of
 3             subsection  paragraph  (a) for a second time and has
 4             been previously convicted of violating  Section  9-3
 5             of  the  Criminal  Code of 1961 relating to reckless
 6             homicide in which the person was determined to  have
 7             been  under  the influence of alcohol, other drug or
 8             drugs, or intoxicating compound or compounds  as  an
 9             element  of the offense or the person has previously
10             been   convicted   under   subparagraph    (C)    or
11             subparagraph (F) of this paragraph (1);
12                  (E)  the  person,  in committing a violation of
13             subsection paragraph (a) while driving at any  speed
14             in  a school speed zone at a time when a speed limit
15             of 20 miles per hour was in effect under  subsection
16             (a)  of Section 11-605 of this Code, was involved in
17             a motor vehicle accident  that  resulted  in  bodily
18             harm,  other  than  great  bodily  harm or permanent
19             disability or disfigurement, to another person, when
20             the violation of  subsection  paragraph  (a)  was  a
21             proximate cause of the bodily harm; or
22                  (F)  the  person,  in committing a violation of
23             subsection paragraph (a), was involved  in  a  motor
24             vehicle,   snowmobile,   all-terrain   vehicle,   or
25             watercraft  accident  that  resulted in the death of
26             another person, when  the  violation  of  subsection
27             paragraph (a) was a proximate cause of the death.
28             (2)  Except  as  provided  in  this paragraph (2), a
29        person  convicted  of  aggravated   driving   under   the
30        influence   of   alcohol,   other   drug   or  drugs,  or
31        intoxicating compound or compounds,  or  any  combination
32        thereof  is  guilty of a Class 4 felony.  For a violation
33        of subparagraph (C) of paragraph (1) of  this  subsection
34        (d),   the   defendant,   if   sentenced  to  a  term  of
 
                            -12-     LRB093 13523 DRH 19887 b
 1        imprisonment, shall be sentenced to  not  less  than  one
 2        year nor more than 12 years. Aggravated driving under the
 3        influence   of   alcohol,   other   drug   or  drugs,  or
 4        intoxicating compound or compounds,  or  any  combination
 5        thereof  as  defined in subparagraph (F) of paragraph (1)
 6        of this subsection (d) is a Class 2 felony, for which the
 7        defendant, if sentenced to a term of imprisonment,  shall
 8        be  sentenced  to: (A) a term of imprisonment of not less
 9        than 3 years and not more than 14 years if the  violation
10        resulted  in  the  death  of one person; or (B) a term of
11        imprisonment of not less than 6 years and not  more  than
12        28  years if the violation resulted in the deaths of 2 or
13        more persons. For any prosecution under  this  subsection
14        (d),  a  certified  copy  of  the driving abstract of the
15        defendant  shall  be  admitted  as  proof  of  any  prior
16        conviction. Any person sentenced  under  this  subsection
17        (d)  who  receives  a  term  of  probation or conditional
18        discharge must serve a minimum term of either  480  hours
19        of  community  service  or  10  days of imprisonment as a
20        condition of the probation or conditional discharge. This
21        mandatory minimum term of imprisonment or  assignment  of
22        community  service may not be suspended or reduced by the
23        court.
24        (e)  After a finding of guilt  and  prior  to  any  final
25    sentencing, or an order for supervision, for an offense based
26    upon  an  arrest for a violation of this Section or a similar
27    provision of a local ordinance, individuals shall be required
28    to undergo a  professional  evaluation  to  determine  if  an
29    alcohol,  drug, or intoxicating compound abuse problem exists
30    and the extent of the problem, and undergo the imposition  of
31    treatment   as   appropriate.   Programs   conducting   these
32    evaluations  shall  be  licensed  by  the Department of Human
33    Services.  The cost of any professional evaluation  shall  be
34    paid   for   by   the  individual  required  to  undergo  the
 
                            -13-     LRB093 13523 DRH 19887 b
 1    professional evaluation.
 2        (e-1)  Any person who is found guilty of or pleads guilty
 3    to violating this Section, including any person  receiving  a
 4    disposition  of court supervision for violating this Section,
 5    may be required by the Court to attend a victim impact  panel
 6    offered   by,  or  under  contract  with,  a  County  State's
 7    Attorney's office, a probation and court services department,
 8    Mothers  Against  Drunk  Driving,  or  the  Alliance  Against
 9    Intoxicated Motorists. All  costs  generated  by  the  victim
10    impact  panel  shall  be  paid  from  fees collected from the
11    offender or as may be determined by the court.
12        (f)  Every person found guilty of violating this Section,
13    whose operation of a motor vehicle while in violation of this
14    Section proximately  caused  any  incident  resulting  in  an
15    appropriate  emergency  response,  shall  be  liable  for the
16    expense of an emergency response as  provided  under  Section
17    5-5-3 of the Unified Code of Corrections.
18        (g)  The  Secretary  of  State  shall  revoke the driving
19    privileges of any person convicted under this  Section  or  a
20    similar provision of a local ordinance.
21        (h)  Blank. Every person sentenced under paragraph (2) or
22    (3)  of subsection (c-1) of this Section or subsection (d) of
23    this  Section  and  who  receives  a  term  of  probation  or
24    conditional discharge shall be required to  serve  a  minimum
25    term  of  either  60  days  community  service  or 10 days of
26    imprisonment as a condition of the probation  or  conditional
27    discharge.   This  mandatory  minimum term of imprisonment or
28    assignment of community service shall not  be  suspended  and
29    shall not be subject to reduction by the court.
30        (i)  The  Secretary  of  State  shall  require the use of
31    ignition interlock  devices  on  all  vehicles  owned  by  an
32    individual  who  has been convicted of a second or subsequent
33    offense of this Section or a similar  provision  of  a  local
34    ordinance.    The  Secretary  shall  establish  by  rule  and
 
                            -14-     LRB093 13523 DRH 19887 b
 1    regulation the procedures for certification and  use  of  the
 2    interlock system.
 3        (j)  In  addition to any other penalties and liabilities,
 4    a person who is found guilty of or pleads guilty to violating
 5    subsection (a) this Section, including any person  placed  on
 6    court  supervision for violating subsection (a) this Section,
 7    shall be fined $100, payable to the circuit clerk, who  shall
 8    distribute  the money to the law enforcement agency that made
 9    the arrest.  If the person has been previously  convicted  of
10    violating  subsection (a) this Section or a similar provision
11    of a local ordinance, the fine shall be $200.  In  the  event
12    that  more than one agency is responsible for the arrest, the
13    $100 or $200 shall be shared equally.  Any moneys received by
14    a law enforcement agency under this subsection (j)  shall  be
15    used  to  purchase law enforcement equipment that will assist
16    in  the  prevention  of  alcohol  related  criminal  violence
17    throughout the State.  This shall include, but is not limited
18    to, in-car video cameras, radar  and  laser  speed  detection
19    devices,  and  alcohol breath testers. Any moneys received by
20    the Department of State  Police  under  this  subsection  (j)
21    shall  be  deposited into the State Police DUI Fund and shall
22    be used to  purchase  law  enforcement  equipment  that  will
23    assist in the prevention of alcohol related criminal violence
24    throughout the State.
25        (k)  The Secretary of State Police DUI Fund is created as
26    a  special fund in the State treasury. All moneys received by
27    the Secretary of State Police under subsection  (j)  of  this
28    Section shall be deposited into the Secretary of State Police
29    DUI  Fund  and,  subject  to  appropriation, shall be used to
30    purchase  law  enforcement  equipment  to   assist   in   the
31    prevention  of  alcohol  related criminal violence throughout
32    the State.
33        (l)  Whenever an individual is sentenced for  an  offense
34    based  upon  an arrest for a violation of subsection (a) or a
 
                            -15-     LRB093 13523 DRH 19887 b
 1    similar provision of a local ordinance, and the  professional
 2    evaluation recommends remedial or rehabilitative treatment or
 3    education,  neither  the treatment nor the education shall be
 4    the sole disposition and either or both may be  imposed  only
 5    in  conjunction  with  another  disposition.  The court shall
 6    monitor compliance with any remedial education  or  treatment
 7    recommendations  contained  in  the  professional evaluation.
 8    Programs conducting  alcohol  or  other  drug  evaluation  or
 9    remedial  education  must  be  licensed  by the Department of
10    Human Services. If  the  individual  is  not  a  resident  of
11    Illinois,  however,  the court may accept an alcohol or other
12    drug  evaluation  or  remedial  education  program   in   the
13    individual's   state   of   residence.    Programs  providing
14    treatment  must  be  licensed   under   existing   applicable
15    alcoholism and drug treatment licensure standards.
16        (m)  In addition to any other fine or penalty required by
17    law,  an  individual  convicted  of a violation of subsection
18    (a), Section 5-7 of the Snowmobile  Registration  and  Safety
19    Act, Section 5-16 of the Boat Registration and Safety Act, or
20    a  similar  provision,  whose  operation  of a motor vehicle,
21    snowmobile, or watercraft while in  violation  of  subsection
22    (a),  Section  5-7  of the Snowmobile Registration and Safety
23    Act, Section 5-16 of the Boat Registration and Safety Act, or
24    a similar provision proximately caused an incident  resulting
25    in  an  appropriate  emergency response, shall be required to
26    make restitution to a public agency for  the  costs  of  that
27    emergency response. The restitution may not exceed $1,000 per
28    public  agency  for  each emergency response. As used in this
29    subsection  (m),  "emergency  response"  means  any  incident
30    requiring a response  by  a  police  officer,  a  firefighter
31    carried   on  the  rolls  of  a  regularly  constituted  fire
32    department, or an ambulance.
33    (Source: P.A. 92-248,  eff.  8-3-01;  92-418,  eff.  8-17-01;
34    92-420,  eff.  8-17-01;  92-429,  eff.  1-1-02;  92-431, eff.
 
                            -16-     LRB093 13523 DRH 19887 b
 1    1-1-02; 92-651, eff. 7-11-02; 93-156,  eff.  1-1-04;  93-213,
 2    eff. 7-18-03; 93-584, eff. 8-22-03; revised 8-27-03.)

 3        Section  10.  The  Clerks  of  Courts  Act  is amended by
 4    changing Sections 27.5 and 27.6 as follows:

 5        (705 ILCS 105/27.5) (from Ch. 25, par. 27.5)
 6        Sec.  27.5.  (a)  All  fees,  fines,  costs,   additional
 7    penalties, bail balances assessed or forfeited, and any other
 8    amount  paid  by a person to the circuit clerk that equals an
 9    amount less than $55, except restitution under Section  5-5-6
10    of  the  Unified  Code  of Corrections, reimbursement for the
11    costs of an emergency  response  as  provided  under  Section
12    11-501 of the Illinois Vehicle Code 5-5-3 of the Unified Code
13    of  Corrections,  any  fees collected for attending a traffic
14    safety program under paragraph (c) of Supreme Court Rule 529,
15    any fee collected on  behalf  of  a  State's  Attorney  under
16    Section  4-2002  of  the  Counties  Code  or  a sheriff under
17    Section 4-5001 of the Counties  Code,  or  any  cost  imposed
18    under  Section  124A-5  of  the Code of Criminal Procedure of
19    1963, for convictions, orders of supervision,  or  any  other
20    disposition  for  a violation of Chapters 3, 4, 6, 11, and 12
21    of the Illinois Vehicle Code, or a  similar  provision  of  a
22    local  ordinance,  and  any  violation of the Child Passenger
23    Protection Act, or a similar provision of a local  ordinance,
24    and  except  as provided in subsection (b) shall be disbursed
25    within 60 days after receipt by the circuit clerk as follows:
26    47% shall be disbursed to the entity  authorized  by  law  to
27    receive  the fine imposed in the case; 12% shall be disbursed
28    to the State Treasurer; and 41% shall  be  disbursed  to  the
29    county's general corporate fund.  Of the 12% disbursed to the
30    State   Treasurer,  1/6  shall  be  deposited  by  the  State
31    Treasurer into the Violent Crime Victims Assistance Fund, 1/2
32    shall be deposited into the Traffic and  Criminal  Conviction
 
                            -17-     LRB093 13523 DRH 19887 b
 1    Surcharge  Fund,  and 1/3 shall be deposited into the Drivers
 2    Education Fund.  For fiscal  years  1992  and  1993,  amounts
 3    deposited into the Violent Crime Victims Assistance Fund, the
 4    Traffic  and  Criminal  Conviction  Surcharge  Fund,  or  the
 5    Drivers  Education  Fund shall not exceed 110% of the amounts
 6    deposited into those funds in fiscal year 1991.   Any  amount
 7    that  exceeds the 110% limit shall be distributed as follows:
 8    50% shall be disbursed to the county's general corporate fund
 9    and 50% shall be disbursed to the entity authorized by law to
10    receive the fine imposed in the case. Not later than March  1
11    of  each  year the circuit clerk shall submit a report of the
12    amount of funds remitted to the State  Treasurer  under  this
13    Section  during  the  preceding  year  based upon independent
14    verification of  fines  and  fees.   All  counties  shall  be
15    subject   to  this  Section,  except  that  counties  with  a
16    population under 2,000,000 may, by ordinance, elect not to be
17    subject to  this  Section.   For  offenses  subject  to  this
18    Section,  judges  shall impose one total sum of money payable
19    for violations.  The circuit clerk may add on  no  additional
20    amounts  except  for  amounts  that  are required by Sections
21    27.3a and  27.3c  of  this  Act,  unless  those  amounts  are
22    specifically  waived  by  the  judge.   With respect to money
23    collected by the circuit clerk as a result of  forfeiture  of
24    bail,  ex  parte  judgment or guilty plea pursuant to Supreme
25    Court Rule 529, the circuit clerk shall first deduct and  pay
26    amounts  required  by  Sections  27.3a and 27.3c of this Act.
27    This Section is a denial and limitation of home  rule  powers
28    and  functions  under  subsection (h) of Section 6 of Article
29    VII of the Illinois Constitution.
30        (b)  The following amounts must be remitted to the  State
31    Treasurer for deposit into the Illinois Animal Abuse Fund:
32             (1)  50%   of   the  amounts  collected  for  felony
33        offenses under Sections 3, 3.01,  3.02,  3.03,  4,  4.01,
34        4.03,  4.04,  5,  5.01,  6,  7,  7.5, 7.15, and 16 of the
 
                            -18-     LRB093 13523 DRH 19887 b
 1        Humane Care for Animals  Act  and  Section  26-5  of  the
 2        Criminal Code of 1961;
 3             (2)  20%  of  the  amounts collected for Class A and
 4        Class B misdemeanors under Sections  3,  3.01,  4,  4.01,
 5        4.03,  4.04, 5, 5.01, 6, 7, 7.1, 7.5, 7.15, and 16 of the
 6        Humane Care for Animals  Act  and  Section  26-5  of  the
 7        Criminal Code of 1961; and
 8             (3)  50%  of  the  amounts  collected  for  Class  C
 9        misdemeanors  under  Sections  4.01 and 7.1 of the Humane
10        Care for Animals Act and Section  26-5  of  the  Criminal
11        Code of 1961.
12    (Source: P.A. 92-454, eff. 1-1-02; 92-650, eff. 7-11-02.)

13        (705 ILCS 105/27.6)
14        Sec.   27.6.  (a)  All  fees,  fines,  costs,  additional
15    penalties, bail balances assessed or forfeited, and any other
16    amount paid by a person to the  circuit  clerk  equalling  an
17    amount  of $55 or more, except the additional fee required by
18    subsections (b) and (c), restitution under Section  5-5-6  of
19    the  Unified Code of Corrections, reimbursement for the costs
20    of an emergency response as provided under Section 11-501  of
21    the  Illinois  Vehicle  Code  5-5-3  of  the  Unified Code of
22    Corrections, any  fees  collected  for  attending  a  traffic
23    safety program under paragraph (c) of Supreme Court Rule 529,
24    any  fee  collected  on  behalf  of  a State's Attorney under
25    Section 4-2002 of  the  Counties  Code  or  a  sheriff  under
26    Section  4-5001  of  the  Counties  Code, or any cost imposed
27    under Section 124A-5 of the Code  of  Criminal  Procedure  of
28    1963,  for  convictions,  orders of supervision, or any other
29    disposition for a violation of Chapters 3, 4, 6, 11,  and  12
30    of  the  Illinois  Vehicle  Code, or a similar provision of a
31    local ordinance, and any violation  of  the  Child  Passenger
32    Protection  Act, or a similar provision of a local ordinance,
33    and except as provided in subsection (d) shall  be  disbursed
 
                            -19-     LRB093 13523 DRH 19887 b
 1    within 60 days after receipt by the circuit clerk as follows:
 2    44.5%  shall  be disbursed to the entity authorized by law to
 3    receive the fine  imposed  in  the  case;  16.825%  shall  be
 4    disbursed  to  the  State  Treasurer;  and  38.675%  shall be
 5    disbursed to the county's general  corporate  fund.   Of  the
 6    16.825%  disbursed  to  the  State  Treasurer,  2/17 shall be
 7    deposited by the  State  Treasurer  into  the  Violent  Crime
 8    Victims Assistance Fund, 5.052/17 shall be deposited into the
 9    Traffic and Criminal Conviction Surcharge Fund, 3/17 shall be
10    deposited into the Drivers Education Fund, and 6.948/17 shall
11    be  deposited  into  the  Trauma Center Fund. Of the 6.948/17
12    deposited into  the  Trauma  Center  Fund  from  the  16.825%
13    disbursed  to  the State Treasurer, 50% shall be disbursed to
14    the Department of Public Health and 50% shall be disbursed to
15    the Department of Public Aid.  For fiscal year 1993,  amounts
16    deposited into the Violent Crime Victims Assistance Fund, the
17    Traffic  and  Criminal  Conviction  Surcharge  Fund,  or  the
18    Drivers  Education  Fund shall not exceed 110% of the amounts
19    deposited into those funds in fiscal year 1991.   Any  amount
20    that  exceeds the 110% limit shall be distributed as follows:
21    50% shall be disbursed to the county's general corporate fund
22    and 50% shall be disbursed to the entity authorized by law to
23    receive the fine imposed in the case.  Not later than March 1
24    of each year the circuit clerk shall submit a report  of  the
25    amount  of  funds  remitted to the State Treasurer under this
26    Section during the  preceding  year  based  upon  independent
27    verification  of  fines  and  fees.   All  counties  shall be
28    subject  to  this  Section,  except  that  counties  with   a
29    population under 2,000,000 may, by ordinance, elect not to be
30    subject  to  this  Section.   For  offenses  subject  to this
31    Section, judges shall impose one total sum of  money  payable
32    for  violations.   The circuit clerk may add on no additional
33    amounts except for amounts  that  are  required  by  Sections
34    27.3a  and  27.3c  of  this  Act,  unless  those  amounts are
 
                            -20-     LRB093 13523 DRH 19887 b
 1    specifically waived by the  judge.   With  respect  to  money
 2    collected  by  the circuit clerk as a result of forfeiture of
 3    bail, ex parte judgment or guilty plea  pursuant  to  Supreme
 4    Court  Rule 529, the circuit clerk shall first deduct and pay
 5    amounts required by Sections 27.3a and  27.3c  of  this  Act.
 6    This  Section  is a denial and limitation of home rule powers
 7    and functions under subsection (h) of Section  6  of  Article
 8    VII of the Illinois Constitution.
 9        (b)  In  addition  to  any  other  fines  and court costs
10    assessed by the courts, any person convicted or receiving  an
11    order  of  supervision  for  driving  under  the influence of
12    alcohol or drugs shall pay an additional fee of $100  to  the
13    clerk  of  the  circuit court.  This amount, less 2 1/2% that
14    shall be used to defray administrative costs incurred by  the
15    clerk, shall be remitted by the clerk to the Treasurer within
16    60  days  after  receipt  for  deposit into the Trauma Center
17    Fund.  This additional fee of $100 shall not be considered  a
18    part  of  the  fine for purposes of any reduction in the fine
19    for time served either before or after sentencing.  Not later
20    than March 1 of each year the Circuit Clerk  shall  submit  a
21    report of the amount of funds remitted to the State Treasurer
22    under this subsection during the preceding calendar year.
23        (b-1)  In  addition  to  any  other fines and court costs
24    assessed by the courts, any person convicted or receiving  an
25    order  of  supervision  for  driving  under  the influence of
26    alcohol or drugs shall pay an additional fee  of  $5  to  the
27    clerk  of  the  circuit court.  This amount, less 2 1/2% that
28    shall be used to defray administrative costs incurred by  the
29    clerk, shall be remitted by the clerk to the Treasurer within
30    60 days after receipt for deposit into the Spinal Cord Injury
31    Paralysis  Cure  Research Trust Fund.  This additional fee of
32    $5 shall not be considered a part of the fine for purposes of
33    any reduction in the fine for time served  either  before  or
34    after  sentencing.   Not  later than March 1 of each year the
 
                            -21-     LRB093 13523 DRH 19887 b
 1    Circuit Clerk shall submit a report of the  amount  of  funds
 2    remitted  to the State Treasurer under this subsection during
 3    the preceding calendar year.
 4        (c)  In addition to  any  other  fines  and  court  costs
 5    assessed  by the courts, any person convicted for a violation
 6    of Sections 24-1.1, 24-1.2, or 24-1.5 of the Criminal Code of
 7    1961 or a person sentenced for a violation  of  the  Cannabis
 8    Control  Act  or  the  Controlled  Substance Act shall pay an
 9    additional fee of $100 to the clerk  of  the  circuit  court.
10    This  amount,  less  2  1/2%  that  shall  be  used to defray
11    administrative costs incurred by the clerk, shall be remitted
12    by the clerk to the Treasurer within 60  days  after  receipt
13    for deposit into the Trauma Center Fund.  This additional fee
14    of  $100  shall  not  be  considered  a  part of the fine for
15    purposes of any reduction in the fine for time served  either
16    before  or  after sentencing.  Not later than March 1 of each
17    year the Circuit Clerk shall submit a report of the amount of
18    funds remitted to the State Treasurer under  this  subsection
19    during the preceding calendar year.
20        (c-1)  In  addition  to  any  other fines and court costs
21    assessed by the courts, any person sentenced for a  violation
22    of  the  Cannabis  Control  Act  or  the  Illinois Controlled
23    Substances Act shall pay an additional fee of $5 to the clerk
24    of the circuit court.  This amount, less 2 1/2% that shall be
25    used to defray administrative costs incurred  by  the  clerk,
26    shall  be  remitted  by  the clerk to the Treasurer within 60
27    days after receipt for deposit into the  Spinal  Cord  Injury
28    Paralysis  Cure  Research Trust Fund.  This additional fee of
29    $5 shall not be considered a part of the fine for purposes of
30    any reduction in the fine for time served  either  before  or
31    after  sentencing.   Not  later than March 1 of each year the
32    Circuit Clerk shall submit a report of the  amount  of  funds
33    remitted  to the State Treasurer under this subsection during
34    the preceding calendar year.
 
                            -22-     LRB093 13523 DRH 19887 b
 1        (d)  The following amounts must be remitted to the  State
 2    Treasurer for deposit into the Illinois Animal Abuse Fund:
 3             (1)  50%   of   the  amounts  collected  for  felony
 4        offenses under Sections 3, 3.01,  3.02,  3.03,  4,  4.01,
 5        4.03,  4.04,  5,  5.01,  6,  7,  7.5, 7.15, and 16 of the
 6        Humane Care for Animals  Act  and  Section  26-5  of  the
 7        Criminal Code of 1961;
 8             (2)  20%  of  the  amounts collected for Class A and
 9        Class B misdemeanors under Sections  3,  3.01,  4,  4.01,
10        4.03,  4.04, 5, 5.01, 6, 7, 7.1, 7.5, 7.15, and 16 of the
11        Humane Care for Animals  Act  and  Section  26-5  of  the
12        Criminal Code of 1961; and
13             (3)  50%  of  the  amounts  collected  for  Class  C
14        misdemeanors  under  Sections  4.01 and 7.1 of the Humane
15        Care for Animals Act and Section  26-5  of  the  Criminal
16        Code of 1961.
17    (Source:  P.A.  92-431,  eff.  1-1-02;  92-454,  eff. 1-1-02;
18    92-650, eff. 7-11-02; 92-651, eff. 7-11-02.)

19        Section 15.  The Unified Code of Corrections  is  amended
20    by  changing  Sections  5-5-3,  5-6-4,  5-6-4.1, and 5-8-7 as
21    follows:

22        (730 ILCS 5/5-5-3) (from Ch. 38, par. 1005-5-3)
23        Sec. 5-5-3.  Disposition.
24        (a)  Except as provided in Section 11-501 of the Illinois
25    Vehicle Code, every person convicted of an offense  shall  be
26    sentenced as provided in this Section.
27        (b)  The   following   options   shall   be   appropriate
28    dispositions,  alone  or in combination, for all felonies and
29    misdemeanors other than those identified in subsection (c) of
30    this Section:
31             (1)  A period of probation.
32             (2)  A term of periodic imprisonment.
 
                            -23-     LRB093 13523 DRH 19887 b
 1             (3)  A term of conditional discharge.
 2             (4)  A term of imprisonment.
 3             (5)  An order directing the offender to clean up and
 4        repair the damage, if the offender  was  convicted  under
 5        paragraph  (h)  of  Section  21-1 of the Criminal Code of
 6        1961 (now repealed).
 7             (6)  A fine.
 8             (7)  An  order  directing  the  offender   to   make
 9        restitution  to  the  victim  under Section 5-5-6 of this
10        Code.
11             (8)  A sentence of participation in a county  impact
12        incarceration program under Section 5-8-1.2 of this Code.
13        Whenever  an individual is sentenced for an offense based
14    upon an arrest for a  violation  of  Section  11-501  of  the
15    Illinois  Vehicle  Code,  or  a  similar provision of a local
16    ordinance,  and  the   professional   evaluation   recommends
17    remedial  or  rehabilitative  treatment or education, neither
18    the treatment nor the education shall be the sole disposition
19    and either or both may be imposed only  in  conjunction  with
20    another  disposition. The court shall monitor compliance with
21    any remedial education or treatment recommendations contained
22    in the professional evaluation.  Programs conducting  alcohol
23    or  other  drug  evaluation  or  remedial  education  must be
24    licensed by the Department of Human  Services.   However,  if
25    the  individual  is not a resident of Illinois, the court may
26    accept an  alcohol  or  other  drug  evaluation  or  remedial
27    education   program   in   the  state  of  such  individual's
28    residence.  Programs providing  treatment  must  be  licensed
29    under  existing  applicable  alcoholism  and  drug  treatment
30    licensure standards.
31        In addition to any other fine or penalty required by law,
32    any  individual convicted of a violation of Section 11-501 of
33    the Illinois Vehicle Code,  Section  5-7  of  the  Snowmobile
34    Registration  and  Safety  Act,  Section  5-16  of  the  Boat
 
                            -24-     LRB093 13523 DRH 19887 b
 1    Registration  and Safety Act, or a similar provision of local
 2    ordinance, whose  operation  of  a  motor  vehicle  while  in
 3    violation  of  Section  11-501, Section 5-7, Section 5-16, or
 4    such ordinance proximately caused an incident resulting in an
 5    appropriate emergency response, shall  be  required  to  make
 6    restitution  to  a  public  agency  for  the  costs  of  that
 7    emergency response.  Such restitution shall not exceed $1,000
 8    per  public agency for each such emergency response.  For the
 9    purpose of this paragraph, emergency response shall mean  any
10    incident requiring a response by: a police officer as defined
11    under  Section  1-162 of the Illinois Vehicle Code; a fireman
12    carried  on  the  rolls  of  a  regularly  constituted   fire
13    department; and an ambulance as defined under Section 3.85 of
14    the Emergency Medical Services (EMS) Systems Act.
15        Neither   a  fine  nor  restitution  shall  be  the  sole
16    disposition for a felony and either or both  may  be  imposed
17    only in conjunction with another disposition.
18        (c) (1)  When a defendant is found guilty of first degree
19        murder   the   State   may  either  seek  a  sentence  of
20        imprisonment under Section 5-8-1 of this Code,  or  where
21        appropriate seek a sentence of death under Section 9-1 of
22        the Criminal Code of 1961.
23             (2)  A  period  of  probation,  a  term  of periodic
24        imprisonment  or  conditional  discharge  shall  not   be
25        imposed  for  the  following  offenses.  The  court shall
26        sentence the offender to not less than the  minimum  term
27        of  imprisonment set forth in this Code for the following
28        offenses, and may order a fine or restitution or both  in
29        conjunction with such term of imprisonment:
30                  (A)  First   degree   murder  where  the  death
31             penalty is not imposed.
32                  (B)  Attempted first degree murder.
33                  (C)  A Class X felony.
34                  (D)  A violation of Section 401.1 or 407 of the
 
                            -25-     LRB093 13523 DRH 19887 b
 1             Illinois Controlled Substances Act, or  a  violation
 2             of  subdivision  (c)(1)  or (c)(2) of Section 401 of
 3             that Act which relates to more than  5  grams  of  a
 4             substance  containing heroin or cocaine or an analog
 5             thereof.
 6                  (E)  A violation of Section 5.1  or  9  of  the
 7             Cannabis Control Act.
 8                  (F)  A   Class  2  or  greater  felony  if  the
 9             offender had been convicted of a Class 2 or  greater
10             felony  within  10  years  of  the date on which the
11             offender committed the offense for which he  or  she
12             is  being sentenced, except as otherwise provided in
13             Section 40-10 of the Alcoholism and Other Drug Abuse
14             and Dependency Act.
15                  (G)  Residential burglary, except as  otherwise
16             provided  in  Section  40-10  of  the Alcoholism and
17             Other Drug Abuse and Dependency Act.
18                  (H)  Criminal sexual assault.
19                  (I)  Aggravated battery of a senior citizen.
20                  (J)  A  forcible  felony  if  the  offense  was
21             related to the activities of an organized gang.
22                  Before July 1, 1994, for the purposes  of  this
23             paragraph,  "organized gang" means an association of
24             5 or more persons, with  an  established  hierarchy,
25             that   encourages  members  of  the  association  to
26             perpetrate crimes or provides support to the members
27             of the association who do commit crimes.
28                  Beginning July 1, 1994,  for  the  purposes  of
29             this  paragraph,  "organized  gang"  has the meaning
30             ascribed  to  it  in  Section  10  of  the  Illinois
31             Streetgang Terrorism Omnibus Prevention Act.
32                  (K)  Vehicular hijacking.
33                  (L)  A second or subsequent conviction for  the
34             offense  of  hate  crime when the underlying offense
 
                            -26-     LRB093 13523 DRH 19887 b
 1             upon  which  the  hate  crime  is  based  is  felony
 2             aggravated assault or felony mob action.
 3                  (M)  A second or subsequent conviction for  the
 4             offense  of institutional vandalism if the damage to
 5             the property exceeds $300.
 6                  (N)  A Class 3 felony  violation  of  paragraph
 7             (1)  of  subsection  (a) of Section 2 of the Firearm
 8             Owners Identification Card Act.
 9                  (O)  A  violation  of  Section  12-6.1  of  the
10             Criminal Code of 1961.
11                  (P)  A violation of paragraph  (1),  (2),  (3),
12             (4),  (5),  or  (7)  of  subsection  (a)  of Section
13             11-20.1 of the Criminal Code of 1961.
14                  (Q)  A violation of Section 20-1.2 or 20-1.3 of
15             the Criminal Code of 1961.
16                  (R)  A  violation  of  Section  24-3A  of   the
17             Criminal Code of 1961.
18                  (S)  (Blank).    A    violation    of   Section
19             11-501(c-1)(3) of the Illinois Vehicle Code.
20                  (T)  A  second  or  subsequent   violation   of
21             paragraph (6.6) of subsection (a), subsection (c-5),
22             or  subsection  (d-5) of Section 401 of the Illinois
23             Controlled Substances Act.
24             (3)  (Blank). A minimum term of imprisonment of  not
25        less  than  5 days or 30 days of community service as may
26        be determined by the court shall be imposed for a  second
27        violation   committed   within  5  years  of  a  previous
28        violation of Section 11-501 of the Illinois Vehicle  Code
29        or  a similar provision of a local ordinance. In the case
30        of a third or subsequent  violation  committed  within  5
31        years  of  a  previous violation of Section 11-501 of the
32        Illinois Vehicle Code or a similar provision of  a  local
33        ordinance,   a   minimum   term  of  either  10  days  of
34        imprisonment or 60 days of  community  service  shall  be
 
                            -27-     LRB093 13523 DRH 19887 b
 1        imposed.
 2             (4)  A minimum term of imprisonment of not less than
 3        10 consecutive days or 30 days of community service shall
 4        be  imposed  for  a violation of paragraph (c) of Section
 5        6-303 of the Illinois Vehicle Code.
 6             (4.1)  (Blank). A minimum  term  of  30  consecutive
 7        days  of  imprisonment,  40  days  of  24  hour  periodic
 8        imprisonment or 720 hours of community service, as may be
 9        determined by the court, shall be imposed for a violation
10        of  Section  11-501 of the Illinois Vehicle Code during a
11        period in which the defendant's  driving  privileges  are
12        revoked  or suspended, where the revocation or suspension
13        was for a violation of Section 11-501 or Section 11-501.1
14        of that Code.
15             (4.2)  Except as provided in paragraph (4.3) of this
16        subsection (c), a  minimum  of  100  hours  of  community
17        service  shall  be  imposed  for  a  second  violation of
18        Section 6-303 of the Illinois Vehicle Code.
19             (4.3)  A minimum term of imprisonment of 30 days  or
20        300  hours  of  community  service,  as determined by the
21        court,  shall  be  imposed  for  a  second  violation  of
22        subsection (c) of Section 6-303 of the  Illinois  Vehicle
23        Code.
24             (4.4)  Except  as  provided  in  paragraph (4.5) and
25        paragraph (4.6) of this subsection (c), a minimum term of
26        imprisonment  of  30  days  or  300  hours  of  community
27        service, as determined by the court, shall be imposed for
28        a third or subsequent violation of Section 6-303  of  the
29        Illinois Vehicle Code.
30             (4.5)  A  minimum  term  of  imprisonment of 30 days
31        shall be imposed for a third violation of subsection  (c)
32        of Section 6-303 of the Illinois Vehicle Code.
33             (4.6)  A  minimum  term  of imprisonment of 180 days
34        shall be imposed for a fourth or subsequent violation  of
 
                            -28-     LRB093 13523 DRH 19887 b
 1        subsection  (c)  of Section 6-303 of the Illinois Vehicle
 2        Code.
 3             (5)  The court may sentence an offender convicted of
 4        a business offense or a petty offense or a corporation or
 5        unincorporated association convicted of any offense to:
 6                  (A)  a period of conditional discharge;
 7                  (B)  a fine;
 8                  (C)  make  restitution  to  the  victim   under
 9             Section 5-5-6 of this Code.
10             (5.1)  In  addition  to  any penalties imposed under
11        paragraph (5) of  this  subsection  (c),  and  except  as
12        provided  in paragraph (5.2) or (5.3), a person convicted
13        of violating subsection (c)  of  Section  11-907  of  the
14        Illinois  Vehicle  Code  shall  have  his or her driver's
15        license, permit, or privileges suspended for at least  90
16        days  but  not  more  than  one  year,  if  the violation
17        resulted in damage to the property of another person.
18             (5.2)  In addition to any  penalties  imposed  under
19        paragraph  (5)  of  this  subsection  (c),  and except as
20        provided  in  paragraph  (5.3),  a  person  convicted  of
21        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 at least 180
24        days but not more than 2 years, if the violation resulted
25        in injury to another person.
26             (5.3)  In addition to any  penalties  imposed  under
27        paragraph  (5) of this subsection (c), a person convicted
28        of violating subsection (c)  of  Section  11-907  of  the
29        Illinois  Vehicle  Code  shall  have  his or her driver's
30        license, permit, or privileges suspended for 2 years,  if
31        the violation resulted in the death of another person.
32             (6)  In  no case shall an offender be eligible for a
33        disposition of probation or conditional discharge  for  a
34        Class  1  felony committed while he was serving a term of
 
                            -29-     LRB093 13523 DRH 19887 b
 1        probation or conditional discharge for a felony.
 2             (7)  When  a  defendant  is  adjudged   a   habitual
 3        criminal  under Article 33B of the Criminal Code of 1961,
 4        the court shall sentence  the  defendant  to  a  term  of
 5        natural life imprisonment.
 6             (8)  When  a defendant, over the age of 21 years, is
 7        convicted of a Class 1 or Class 2  felony,  after  having
 8        twice  been convicted in any state or federal court of an
 9        offense that contains the same elements as an offense now
10        classified in Illinois as a  Class  2  or  greater  Class
11        felony  and such charges are separately brought and tried
12        and arise out of different series of acts, such defendant
13        shall be sentenced as a Class X offender. This  paragraph
14        shall not apply unless (1) the first felony was committed
15        after  the effective date of this amendatory Act of 1977;
16        and (2) the second felony was committed after  conviction
17        on  the  first;  and  (3)  the third felony was committed
18        after conviction on the second. A person sentenced  as  a
19        Class  X offender under this paragraph is not eligible to
20        apply for  treatment  as  a  condition  of  probation  as
21        provided  by  Section  40-10  of the Alcoholism and Other
22        Drug Abuse and Dependency Act.
23             (9)  A defendant convicted of a second or subsequent
24        offense of ritualized abuse of a child may  be  sentenced
25        to a term of natural life imprisonment.
26             (10)  (Blank).   When   a  person  is  convicted  of
27        violating Section 11-501 of the Illinois Vehicle Code  or
28        a  similar  provision of a local ordinance, the following
29        penalties apply when his or her blood, breath,  or  urine
30        was .16 or more based on the definition of blood, breath,
31        or  urine  units  in  Section  11-501.2 or that person is
32        convicted of violating Section  11-501  of  the  Illinois
33        Vehicle  Code while transporting a child under the age of
34        16:
 
                            -30-     LRB093 13523 DRH 19887 b
 1                  (A)  For a first violation of subsection (a) of
 2             Section 11-501, in addition  to  any  other  penalty
 3             that  may be imposed under subsection (c) of Section
 4             11-501:  a  mandatory  minimum  of  100   hours   of
 5             community service and a minimum fine of $500.
 6                  (B)  For  a  second violation of subsection (a)
 7             of Section 11-501, in addition to any other  penalty
 8             that  may be imposed under subsection (c) of Section
 9             11-501 within 10 years: a  mandatory  minimum  of  2
10             days of imprisonment and a minimum fine of $1,250.
11                  (C)  For a third violation of subsection (a) of
12             Section  11-501,  in  addition  to any other penalty
13             that may be imposed under subsection (c) of  Section
14             11-501  within  20  years: a mandatory minimum of 90
15             days of imprisonment and a minimum fine of $2,500.
16                  (D)  For a fourth or  subsequent  violation  of
17             subsection  (a) of Section 11-501: ineligibility for
18             a sentence of probation or conditional discharge and
19             a minimum fine of $2,500.
20        (d)  In any case in which a sentence  originally  imposed
21    is  vacated,  the  case shall be remanded to the trial court.
22    The trial court shall hold a hearing under Section  5-4-1  of
23    the Unified Code of Corrections which may include evidence of
24    the  defendant's  life, moral character and occupation during
25    the time since the original sentence was passed.   The  trial
26    court  shall  then  impose  sentence upon the defendant.  The
27    trial court may impose any sentence  which  could  have  been
28    imposed at the original trial subject to Section 5-5-4 of the
29    Unified  Code  of  Corrections.  If  a sentence is vacated on
30    appeal or on collateral attack due  to  the  failure  of  the
31    trier of fact at trial to determine beyond a reasonable doubt
32    the  existence  of  a  fact  (other  than a prior conviction)
33    necessary to increase the punishment for the  offense  beyond
34    the   statutory  maximum  otherwise  applicable,  either  the
 
                            -31-     LRB093 13523 DRH 19887 b
 1    defendant may be re-sentenced to  a  term  within  the  range
 2    otherwise  provided  or,  if  the  State  files notice of its
 3    intention to again seek the extended sentence, the  defendant
 4    shall be afforded a new trial.
 5        (e)  In  cases  where prosecution for aggravated criminal
 6    sexual abuse under Section 12-16 of the Criminal Code of 1961
 7    results in conviction of a defendant who was a family  member
 8    of  the  victim at the time of the commission of the offense,
 9    the court shall consider the safety and welfare of the victim
10    and may impose a sentence of probation only where:
11             (1)  the  court  finds  (A)  or  (B)  or  both   are
12        appropriate:
13                  (A)  the  defendant  is  willing  to  undergo a
14             court approved  counseling  program  for  a  minimum
15             duration of 2 years; or
16                  (B)  the defendant is willing to participate in
17             a  court  approved plan including but not limited to
18             the defendant's:
19                       (i)  removal from the household;
20                       (ii)  restricted contact with the victim;
21                       (iii)  continued financial support of  the
22                  family;
23                       (iv)  restitution  for  harm  done  to the
24                  victim; and
25                       (v)  compliance with  any  other  measures
26                  that the court may deem appropriate; and
27             (2)  the  court  orders the defendant to pay for the
28        victim's counseling services,  to  the  extent  that  the
29        court finds, after considering the defendant's income and
30        assets,  that  the  defendant  is  financially capable of
31        paying for such services, if  the  victim  was  under  18
32        years  of  age  at the time the offense was committed and
33        requires counseling as a result of the offense.
34        Probation may be revoked or modified pursuant to  Section
 
                            -32-     LRB093 13523 DRH 19887 b
 1    5-6-4;  except where the court determines at the hearing that
 2    the defendant violated a condition of his  or  her  probation
 3    restricting  contact  with the victim or other family members
 4    or commits another offense with the victim  or  other  family
 5    members, the court shall revoke the defendant's probation and
 6    impose a term of imprisonment.
 7        For  the  purposes  of  this Section, "family member" and
 8    "victim" shall have the meanings ascribed to them in  Section
 9    12-12 of the Criminal Code of 1961.
10        (f)  This  Article  shall  not  deprive  a court in other
11    proceedings to order a forfeiture of property, to suspend  or
12    cancel  a  license,  to  remove  a  person from office, or to
13    impose any other civil penalty.
14        (g)  Whenever a defendant  is  convicted  of  an  offense
15    under  Sections  11-14,  11-15, 11-15.1, 11-16, 11-17, 11-18,
16    11-18.1, 11-19,  11-19.1,  11-19.2,  12-13,  12-14,  12-14.1,
17    12-15  or  12-16  of the Criminal Code of 1961, the defendant
18    shall  undergo  medical  testing  to  determine  whether  the
19    defendant has any sexually transmissible disease, including a
20    test for infection with human immunodeficiency virus (HIV) or
21    any   other   identified   causative   agent   of    acquired
22    immunodeficiency  syndrome  (AIDS).   Any  such  medical test
23    shall be performed only  by  appropriately  licensed  medical
24    practitioners  and  may  include  an  analysis  of any bodily
25    fluids as well as an examination of the  defendant's  person.
26    Except as otherwise provided by law, the results of such test
27    shall  be kept strictly confidential by all medical personnel
28    involved in the testing and must be personally delivered in a
29    sealed envelope to the  judge  of  the  court  in  which  the
30    conviction  was entered for the judge's inspection in camera.
31    Acting in accordance with the best interests  of  the  victim
32    and  the  public,  the  judge  shall  have  the discretion to
33    determine to whom, if anyone, the results of the testing  may
34    be revealed. The court shall notify the defendant of the test
 
                            -33-     LRB093 13523 DRH 19887 b
 1    results.  The court shall also notify the victim if requested
 2    by  the  victim, and if the victim is under the age of 15 and
 3    if requested by the victim's parents or legal  guardian,  the
 4    court  shall notify the victim's parents or legal guardian of
 5    the test results.  The court shall provide information on the
 6    availability of HIV testing and counseling at  Department  of
 7    Public  Health  facilities to all parties to whom the results
 8    of the testing are revealed  and  shall  direct  the  State's
 9    Attorney  to  provide  the  information  to  the  victim when
10    possible. A State's Attorney may petition the court to obtain
11    the results of any HIV test administered under this  Section,
12    and  the  court  shall  grant  the  disclosure if the State's
13    Attorney shows it is relevant in order to prosecute a  charge
14    of  criminal transmission of HIV under Section 12-16.2 of the
15    Criminal Code of 1961 against the defendant.  The court shall
16    order that the cost of any such test shall  be  paid  by  the
17    county  and  may  be  taxed  as  costs  against the convicted
18    defendant.
19        (g-5)  When  an  inmate  is  tested   for   an   airborne
20    communicable   disease,   as   determined   by  the  Illinois
21    Department of Public Health  including  but  not  limited  to
22    tuberculosis,  the  results  of  the test shall be personally
23    delivered by the warden or his or her designee  in  a  sealed
24    envelope  to  the judge of the court in which the inmate must
25    appear for the judge's inspection in camera if  requested  by
26    the  judge.   Acting in accordance with the best interests of
27    those in the courtroom, the judge shall have  the  discretion
28    to  determine  what  if  any  precautions need to be taken to
29    prevent transmission of the disease in the courtroom.
30        (h)  Whenever a defendant  is  convicted  of  an  offense
31    under  Section  1 or 2 of the Hypodermic Syringes and Needles
32    Act, the defendant shall undergo medical testing to determine
33    whether   the   defendant   has   been   exposed   to   human
34    immunodeficiency  virus  (HIV)  or   any   other   identified
 
                            -34-     LRB093 13523 DRH 19887 b
 1    causative agent of acquired immunodeficiency syndrome (AIDS).
 2    Except as otherwise provided by law, the results of such test
 3    shall  be kept strictly confidential by all medical personnel
 4    involved in the testing and must be personally delivered in a
 5    sealed envelope to the  judge  of  the  court  in  which  the
 6    conviction  was entered for the judge's inspection in camera.
 7    Acting in accordance with the best interests of  the  public,
 8    the  judge shall have the discretion to determine to whom, if
 9    anyone, the results of the testing may be revealed. The court
10    shall notify the defendant of  a  positive  test  showing  an
11    infection  with  the  human immunodeficiency virus (HIV). The
12    court shall provide information on the  availability  of  HIV
13    testing   and  counseling  at  Department  of  Public  Health
14    facilities to all parties to whom the results of the  testing
15    are revealed and shall direct the State's Attorney to provide
16    the  information  to  the  victim  when  possible.  A State's
17    Attorney may petition the court to obtain the results of  any
18    HIV  test  administered  under  this   Section, and the court
19    shall grant the disclosure if the State's Attorney  shows  it
20    is  relevant  in  order  to  prosecute  a  charge of criminal
21    transmission of HIV under Section  12-16.2  of  the  Criminal
22    Code  of  1961  against  the defendant. The court shall order
23    that the cost of any such test shall be paid  by  the  county
24    and may be taxed as costs against the convicted defendant.
25        (i)  All  fines  and penalties imposed under this Section
26    for any violation of Chapters 3, 4, 6, and 11 of the Illinois
27    Vehicle Code, or a similar provision of  a  local  ordinance,
28    and any violation of the Child Passenger Protection Act, or a
29    similar  provision  of  a local ordinance, shall be collected
30    and disbursed by the circuit clerk as provided under  Section
31    27.5 of the Clerks of Courts Act.
32        (j)  In  cases  when  prosecution  for  any  violation of
33    Section 11-6,  11-8,  11-9,  11-11,  11-14,  11-15,  11-15.1,
34    11-16,   11-17,  11-17.1,  11-18,  11-18.1,  11-19,  11-19.1,
 
                            -35-     LRB093 13523 DRH 19887 b
 1    11-19.2, 11-20.1, 11-21, 12-13,  12-14,  12-14.1,  12-15,  or
 2    12-16  of  the  Criminal  Code  of 1961, any violation of the
 3    Illinois Controlled Substances Act, or any violation  of  the
 4    Cannabis  Control Act results in conviction, a disposition of
 5    court supervision, or an order  of  probation  granted  under
 6    Section  10 of the Cannabis Control Act or Section 410 of the
 7    Illinois Controlled Substance Act of a defendant,  the  court
 8    shall  determine  whether  the  defendant  is  employed  by a
 9    facility or center as defined under the  Child  Care  Act  of
10    1969,  a public or private elementary or secondary school, or
11    otherwise works with children under 18  years  of  age  on  a
12    daily  basis.   When  a  defendant  is so employed, the court
13    shall order the Clerk of the Court to  send  a  copy  of  the
14    judgment  of  conviction or order of supervision or probation
15    to  the  defendant's  employer  by  certified  mail.  If  the
16    employer of the defendant is a school, the Clerk of the Court
17    shall direct the  mailing  of  a  copy  of  the  judgment  of
18    conviction  or  order  of  supervision  or  probation  to the
19    appropriate regional superintendent of schools.  The regional
20    superintendent of schools shall notify  the  State  Board  of
21    Education of any notification under this subsection.
22        (j-5)  A  defendant  at  least  17  years  of  age who is
23    convicted of  a  felony  and  who  has  not  been  previously
24    convicted  of a misdemeanor or felony and who is sentenced to
25    a  term  of  imprisonment  in  the  Illinois  Department   of
26    Corrections  shall  as  a condition of his or her sentence be
27    required by the court to attend educational courses  designed
28    to  prepare  the  defendant  for a high school diploma and to
29    work toward a high school diploma or to work  toward  passing
30    the high school level Test of General Educational Development
31    (GED)  or  to  work  toward  completing a vocational training
32    program offered by  the  Department  of  Corrections.   If  a
33    defendant fails to complete the educational training required
34    by  his or her sentence during the term of incarceration, the
 
                            -36-     LRB093 13523 DRH 19887 b
 1    Prisoner Review Board shall,  as  a  condition  of  mandatory
 2    supervised  release, require the defendant, at his or her own
 3    expense, to pursue a course of study  toward  a  high  school
 4    diploma  or  passage  of  the  GED test.  The Prisoner Review
 5    Board shall revoke the  mandatory  supervised  release  of  a
 6    defendant  who  wilfully fails to comply with this subsection
 7    (j-5) upon his or her release from  confinement  in  a  penal
 8    institution  while  serving  a  mandatory  supervised release
 9    term; however, the inability of the defendant after making  a
10    good  faith  effort  to  obtain  financial aid or pay for the
11    educational training shall not be deemed a wilful failure  to
12    comply.    The  Prisoner  Review  Board  shall  recommit  the
13    defendant whose mandatory supervised release  term  has  been
14    revoked  under  this  subsection (j-5) as provided in Section
15    3-3-9.  This subsection (j-5) does not apply to  a  defendant
16    who  has a high school diploma or has successfully passed the
17    GED test. This subsection (j-5) does not apply to a defendant
18    who is determined by the court to be developmentally disabled
19    or otherwise mentally incapable of completing the educational
20    or vocational program.
21        (k)  A court may not impose a sentence or disposition for
22    a felony or misdemeanor that requires  the  defendant  to  be
23    implanted  or  injected  with  or  to  use  any form of birth
24    control.
25        (l) (A)  Except  as  provided   in   paragraph   (C)   of
26        subsection  (l), whenever a defendant, who is an alien as
27        defined  by  the  Immigration  and  Nationality  Act,  is
28        convicted of any felony or misdemeanor offense, the court
29        after sentencing the defendant may, upon  motion  of  the
30        State's  Attorney,  hold  sentence in abeyance and remand
31        the defendant to the custody of the Attorney  General  of
32        the  United  States  or his or her designated agent to be
33        deported when:
34                  (1)  a final  order  of  deportation  has  been
 
                            -37-     LRB093 13523 DRH 19887 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             Otherwise,  the  defendant  shall  be  sentenced  as
 8        provided in this Chapter V.
 9             (B)  If the defendant has already been sentenced for
10        a felony or misdemeanor offense, or has  been  placed  on
11        probation under Section 10 of the Cannabis Control Act or
12        Section  410  of  the Illinois Controlled Substances Act,
13        the court may, upon motion of  the  State's  Attorney  to
14        suspend the sentence imposed, commit the defendant to the
15        custody  of  the Attorney General of the United States or
16        his or her designated agent 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             (C)  This subsection (l) does not apply to offenders
25        who are subject to the provisions  of  paragraph  (2)  of
26        subsection (a) of Section 3-6-3.
27             (D)  Upon  motion  of  the  State's  Attorney,  if a
28        defendant sentenced under this  Section  returns  to  the
29        jurisdiction of the United States, the defendant shall be
30        recommitted to the custody of the county from which he or
31        she  was  sentenced.  Thereafter,  the defendant shall be
32        brought before the sentencing court, which may impose any
33        sentence that was available under Section  5-5-3  at  the
34        time  of  initial sentencing.  In addition, the defendant
 
                            -38-     LRB093 13523 DRH 19887 b
 1        shall not be eligible for additional good conduct  credit
 2        for meritorious service as provided under Section 3-6-6.
 3        (m)  A   person   convicted  of  criminal  defacement  of
 4    property under Section 21-1.3 of the Criminal Code  of  1961,
 5    in  which  the  property damage exceeds $300 and the property
 6    damaged is a school building, shall  be  ordered  to  perform
 7    community  service  that  may  include  cleanup,  removal, or
 8    painting over the defacement.
 9        (n)  The court may  sentence  a  person  convicted  of  a
10    violation  of Section 12-19, 12-21, or 16-1.3 of the Criminal
11    Code of 1961 (i) to an impact incarceration  program  if  the
12    person  is  otherwise eligible for that program under Section
13    5-8-1.1, (ii) to community service, or (iii) if the person is
14    an addict or alcoholic, as  defined  in  the  Alcoholism  and
15    Other  Drug  Abuse  and  Dependency  Act,  to  a substance or
16    alcohol abuse program licensed under that Act.
17    (Source: P.A. 92-183,  eff.  7-27-01;  92-248,  eff.  8-3-01;
18    92-283,  eff.  1-1-02;  92-340,  eff.  8-10-01;  92-418, eff.
19    8-17-01; 92-422, eff. 8-17-01; 92-651, eff. 7-11-02;  92-698,
20    eff.  7-19-02;  93-44,  eff.  7-1-03;  93-156,  eff.  1-1-04;
21    93-169,  eff.  7-10-03;  93-301,  eff.  1-1-04;  93-419, eff.
22    1-1-04; 93-546, eff. 1-1-04; revised 10-9-03.)

23        (730 ILCS 5/5-6-4) (from Ch. 38, par. 1005-6-4)
24        Sec. 5-6-4.  Violation,  Modification  or  Revocation  of
25    Probation,  of  Conditional  Discharge or Supervision or of a
26    sentence of county impact incarceration - Hearing.
27        (a)  Except  in  cases  where  conditional  discharge  or
28    supervision was imposed for a petty  offense  as  defined  in
29    Section 5-1-17, when a petition is filed charging a violation
30    of a condition, the court may:
31             (1)  in  the case of probation violations, order the
32        issuance of a notice to the offender to be present by the
33        County  Probation  Department  or   such   other   agency
 
                            -39-     LRB093 13523 DRH 19887 b
 1        designated  by the court to handle probation matters; and
 2        in the  case  of  conditional  discharge  or  supervision
 3        violations,  such  notice to the offender shall be issued
 4        by the  Circuit  Court  Clerk;  and  in  the  case  of  a
 5        violation  of  a sentence of county impact incarceration,
 6        such notice shall be issued by the Sheriff;
 7             (2)  order a summons to the offender to  be  present
 8        for hearing; or
 9             (3)  order a warrant for the offender's arrest where
10        there  is  danger  of  his  fleeing  the  jurisdiction or
11        causing serious harm to others or when the offender fails
12        to answer a summons or notice from the clerk of the court
13        or Sheriff.
14        Personal  service  of  the  petition  for  violation   of
15    probation  or the issuance of such warrant, summons or notice
16    shall toll the period of  probation,  conditional  discharge,
17    supervision, or sentence of county impact incarceration until
18    the  final  determination  of  the  charge,  and  the term of
19    probation, conditional discharge, supervision, or sentence of
20    county impact incarceration shall not run until  the  hearing
21    and disposition of the petition for violation.
22        (b)  The  court  shall  conduct  a hearing of the alleged
23    violation. The court shall admit the offender to bail pending
24    the hearing unless the alleged violation is itself a criminal
25    offense in which case the offender shall be admitted to  bail
26    on  such  terms  as  are  provided  in  the  Code of Criminal
27    Procedure of 1963, as amended. In any case where an  offender
28    remains   incarcerated  only  as  a  result  of  his  alleged
29    violation  of  the  court's  earlier  order   of   probation,
30    supervision,   conditional   discharge,   or   county  impact
31    incarceration such hearing shall be held within  14  days  of
32    the onset of said incarceration, unless the alleged violation
33    is  the  commission of another offense by the offender during
34    the period of probation, supervision or conditional discharge
 
                            -40-     LRB093 13523 DRH 19887 b
 1    in which case such hearing shall  be  held  within  the  time
 2    limits  described  in  Section  103-5 of the Code of Criminal
 3    Procedure of 1963, as amended.
 4        (c)  The State has the burden of going forward  with  the
 5    evidence  and  proving  the violation by the preponderance of
 6    the evidence. The evidence shall be presented in  open  court
 7    with  the  right  of  confrontation,  cross-examination,  and
 8    representation by counsel.
 9        (d)  Probation,     conditional    discharge,    periodic
10    imprisonment and supervision shall not be revoked for failure
11    to comply with conditions of a sentence or supervision, which
12    imposes financial obligations upon the offender  unless  such
13    failure is due to his willful refusal to pay.
14        (e)  If  the court finds that the offender has violated a
15    condition at any time prior to the expiration or  termination
16    of  the period, it may continue him on the existing sentence,
17    with or without modifying or enlarging the conditions, or may
18    impose any other sentence that was  available  under  Section
19    5-5-3  of this Code or Section 11-501 of the Illinois Vehicle
20    Code at the time of initial sentencing. If  the  court  finds
21    that  the  person  has failed to successfully complete his or
22    her sentence to a county impact  incarceration  program,  the
23    court  may impose any other sentence that was available under
24    Section 5-5-3 of this Code or Section 11-501 of the  Illinois
25    Vehicle  Code at the time of initial sentencing, except for a
26    sentence of probation or conditional discharge.
27        (f)  The  conditions   of   probation,   of   conditional
28    discharge,  of supervision, or of a sentence of county impact
29    incarceration may be modified by the court on motion  of  the
30    supervising  agency or on its own motion or at the request of
31    the offender after notice and a hearing.
32        (g)  A   judgment   revoking   supervision,    probation,
33    conditional   discharge,  or  a  sentence  of  county  impact
34    incarceration is a final appealable order.
 
                            -41-     LRB093 13523 DRH 19887 b
 1        (h)  Resentencing   after   revocation   of    probation,
 2    conditional  discharge,  supervision, or a sentence of county
 3    impact incarceration shall be under Article 4. Time served on
 4    probation,  conditional discharge or supervision shall not be
 5    credited by the court against a sentence of  imprisonment  or
 6    periodic imprisonment unless the court orders otherwise.
 7        (i)  Instead   of   filing   a  violation  of  probation,
 8    conditional discharge, supervision, or a sentence  of  county
 9    impact incarceration, an agent or employee of the supervising
10    agency  with  the  concurrence  of  his or her supervisor may
11    serve on the defendant a Notice  of  Intermediate  Sanctions.
12    The   Notice   shall   contain  the  technical  violation  or
13    violations involved, the date or dates of  the  violation  or
14    violations,  and  the  intermediate  sanctions to be imposed.
15    Upon receipt of the Notice, the defendant  shall  immediately
16    accept   or   reject  the  intermediate  sanctions.   If  the
17    sanctions are accepted, they shall  be  imposed  immediately.
18    If  the  intermediate sanctions are rejected or the defendant
19    does not respond to the Notice,  a  violation  of  probation,
20    conditional  discharge,  supervision, or a sentence of county
21    impact incarceration shall  be  immediately  filed  with  the
22    court.   The  State's Attorney and the sentencing court shall
23    be notified of the  Notice  of  Sanctions.   Upon  successful
24    completion  of  the  intermediate  sanctions, a court may not
25    revoke probation, conditional discharge,  supervision,  or  a
26    sentence  of county impact incarceration or impose additional
27    sanctions for the same violation. A  notice  of  intermediate
28    sanctions  may  not be issued for any violation of probation,
29    conditional discharge, supervision, or a sentence  of  county
30    impact  incarceration  which  could  warrant  an  additional,
31    separate  felony  charge.  The  intermediate  sanctions shall
32    include a term of home detention as provided in Article 8A of
33    Chapter V of this Code for multiple or repeat  violations  of
34    the   terms  and  conditions  of  a  sentence  of  probation,
 
                            -42-     LRB093 13523 DRH 19887 b
 1    conditional discharge, or supervision.
 2    (Source: P.A. 89-198, eff.  7-21-95;  89-587,  eff.  7-31-96;
 3    89-647, eff. 1-1-97; 90-14, eff. 7-1-97.)

 4        (730 ILCS 5/5-6-4.1) (from Ch. 38, par. 1005-6-4.1)
 5        Sec.  5-6-4.1.  Violation,  Modification or Revocation of
 6    Conditional Discharge or  Supervision  -   Hearing.)  (a)  In
 7    cases  where  a  defendant  was  placed  upon  supervision or
 8    conditional discharge for the commission of a petty  offense,
 9    upon  the  oral  or  written  motion  of the State, or on the
10    court's own motion, which  charges  that  a  violation  of  a
11    condition  of  that  conditional discharge or supervision has
12    occurred, the court may:
13        (1)  Conduct a  hearing  instanter  if  the  offender  is
14    present in court;
15        (2)  Order the issuance by the court clerk of a notice to
16    the offender to be present for a hearing for violation;
17        (3)  Order summons to the offender to be present; or
18        (4)  Order a warrant for the offender's arrest.
19        The  oral  motion,  if  the  defendant is present, or the
20    issuance of such warrant, summons or notice  shall  toll  the
21    period  of  conditional  discharge  or  supervision until the
22    final  determination  of  the  charge,  and   the   term   of
23    conditional  discharge or supervision shall not run until the
24    hearing and disposition of the petition for violation.
25        (b)  The Court shall admit the offender to  bail  pending
26    the hearing.
27        (c)  The  State  has the burden of going forward with the
28    evidence and proving the violation by  the  preponderance  of
29    the  evidence.  The evidence shall be presented in open court
30    with  the  right  of  confrontation,  cross-examination,  and
31    representation by counsel.
32        (d)  Conditional discharge or supervision  shall  not  be
33    revoked  for  failure  to  comply  with the conditions of the
 
                            -43-     LRB093 13523 DRH 19887 b
 1    discharge or supervision which imposed financial  obligations
 2    upon  the  offender  unless such failure is due to his wilful
 3    refusal to pay.
 4        (e)  If the court finds that the offender has violated  a
 5    condition  at any time prior to the expiration or termination
 6    of the period, it may continue him on the  existing  sentence
 7    or  supervision  with  or  without modifying or enlarging the
 8    conditions,  or  may  impose  any  other  sentence  that  was
 9    available under Section 5-5-3 of this Code or Section  11-501
10    of   the  Illinois  Vehicle  Code  at  the  time  of  initial
11    sentencing.
12        (f)  The  conditions  of  conditional  discharge  and  of
13    supervision may be modified by the court  on  motion  of  the
14    probation  officer  or on its own motion or at the request of
15    the offender after notice to the defendant and a hearing.
16        (g)  A  judgment  revoking   supervision   is   a   final
17    appealable order.
18        (h)  Resentencing   after   revocation   of   conditional
19    discharge  or  of  supervision shall be under Article 4. Time
20    served on  conditional  discharge  or  supervision  shall  be
21    credited  by  the court against a sentence of imprisonment or
22    periodic imprisonment unless the court orders otherwise.
23    (Source: P.A. 81-815.)

24        (730 ILCS 5/5-8-7) (from Ch. 38, par. 1005-8-7)
25        Sec. 5-8-7. Calculation of Term of Imprisonment.
26        (a)  A sentence of imprisonment  shall  commence  on  the
27    date  on  which the offender is received by the Department or
28    the institution at which the sentence is to be served.
29        (b)  The  offender  shall  be   given   credit   on   the
30    determinate  sentence  or maximum term and the minimum period
31    of imprisonment for time spent in custody as a result of  the
32    offense  for  which  the  sentence  was  imposed, at the rate
33    specified  in  Section  3-6-3  of  this  Code.  Except   when
 
                            -44-     LRB093 13523 DRH 19887 b
 1    prohibited by subsection (d), the trial court may give credit
 2    to  the  defendant  for time spent in home detention, or when
 3    the defendant has been confined for psychiatric or  substance
 4    abuse  treatment  prior  to judgment, if the court finds that
 5    the detention or confinement was custodial.
 6        (c)  An offender arrested on one charge and prosecuted on
 7    another charge for conduct which occurred prior to his arrest
 8    shall be given credit on the determinate sentence or  maximum
 9    term  and  the minimum term of imprisonment for time spent in
10    custody under the former charge not credited against  another
11    sentence.
12        (d)  An  offender sentenced to a term of imprisonment for
13    an offense listed in  paragraph  (2)  of  subsection  (c)  of
14    Section  5-5-3 of this Code or in paragraph (3) of subsection
15    (c-1) of Section 11-501 of the Illinois  Vehicle  Code  shall
16    not  receive credit for time spent in home detention prior to
17    judgment.
18    (Source: P.A. 88-119; 89-647, eff. 1-1-97.)