HB5482 EngrossedLRB097 18229 RLC 63453 b

1    AN ACT concerning human trafficking.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Unified Code of Corrections is amended by
5changing Section 5-5-3 as follows:
 
6    (730 ILCS 5/5-5-3)  (from Ch. 38, par. 1005-5-3)
7    Sec. 5-5-3. Disposition.
8    (a) (Blank).
9    (b) (Blank).
10    (c) (1) (Blank).
11        (2) A period of probation, a term of periodic
12    imprisonment or conditional discharge shall not be imposed
13    for the following offenses. The court shall sentence the
14    offender to not less than the minimum term of imprisonment
15    set forth in this Code for the following offenses, and may
16    order a fine or restitution or both in conjunction with
17    such term of imprisonment:
18            (A) First degree murder where the death penalty is
19        not imposed.
20            (B) Attempted first degree murder.
21            (C) A Class X felony.
22            (D) A violation of Section 401.1 or 407 of the
23        Illinois Controlled Substances Act, or a violation of

 

 

HB5482 Engrossed- 2 -LRB097 18229 RLC 63453 b

1        subdivision (c)(1), (c)(1.5), or (c)(2) of Section 401
2        of that Act which relates to more than 5 grams of a
3        substance containing heroin, cocaine, fentanyl, or an
4        analog thereof.
5            (E) A violation of Section 5.1 or 9 of the Cannabis
6        Control Act.
7            (F) A Class 2 or greater felony if the offender had
8        been convicted of a Class 2 or greater felony,
9        including any state or federal conviction for an
10        offense that contained, at the time it was committed,
11        the same elements as an offense now (the date of the
12        offense committed after the prior Class 2 or greater
13        felony) classified as a Class 2 or greater felony,
14        within 10 years of the date on which the offender
15        committed the offense for which he or she is being
16        sentenced, except as otherwise provided in Section
17        40-10 of the Alcoholism and Other Drug Abuse and
18        Dependency Act.
19            (F-5) A violation of Section 24-1, 24-1.1, or
20        24-1.6 of the Criminal Code of 1961 for which
21        imprisonment is prescribed in those Sections.
22            (G) Residential burglary, except as otherwise
23        provided in Section 40-10 of the Alcoholism and Other
24        Drug Abuse and Dependency Act.
25            (H) Criminal sexual assault.
26            (I) Aggravated battery of a senior citizen as

 

 

HB5482 Engrossed- 3 -LRB097 18229 RLC 63453 b

1        described in Section 12-4.6 or subdivision (a)(4) of
2        Section 12-3.05.
3            (J) A forcible felony if the offense was related to
4        the activities of an organized gang.
5            Before July 1, 1994, for the purposes of this
6        paragraph, "organized gang" means an association of 5
7        or more persons, with an established hierarchy, that
8        encourages members of the association to perpetrate
9        crimes or provides support to the members of the
10        association who do commit crimes.
11            Beginning July 1, 1994, for the purposes of this
12        paragraph, "organized gang" has the meaning ascribed
13        to it in Section 10 of the Illinois Streetgang
14        Terrorism Omnibus Prevention Act.
15            (K) Vehicular hijacking.
16            (L) A second or subsequent conviction for the
17        offense of hate crime when the underlying offense upon
18        which the hate crime is based is felony aggravated
19        assault or felony mob action.
20            (M) A second or subsequent conviction for the
21        offense of institutional vandalism if the damage to the
22        property exceeds $300.
23            (N) A Class 3 felony violation of paragraph (1) of
24        subsection (a) of Section 2 of the Firearm Owners
25        Identification Card Act.
26            (O) A violation of Section 12-6.1 or 12-6.5 of the

 

 

HB5482 Engrossed- 4 -LRB097 18229 RLC 63453 b

1        Criminal Code of 1961.
2            (P) A violation of paragraph (1), (2), (3), (4),
3        (5), or (7) of subsection (a) of Section 11-20.1 of the
4        Criminal Code of 1961.
5            (Q) A violation of Section 20-1.2 or 20-1.3 of the
6        Criminal Code of 1961.
7            (R) A violation of Section 24-3A of the Criminal
8        Code of 1961.
9            (S) (Blank).
10            (T) A second or subsequent violation of the
11        Methamphetamine Control and Community Protection Act.
12            (U) A second or subsequent violation of Section
13        6-303 of the Illinois Vehicle Code committed while his
14        or her driver's license, permit, or privilege was
15        revoked because of a violation of Section 9-3 of the
16        Criminal Code of 1961, relating to the offense of
17        reckless homicide, or a similar provision of a law of
18        another state.
19            (V) A violation of paragraph (4) of subsection (c)
20        of Section 11-20.1B or paragraph (4) of subsection (c)
21        of Section 11-20.3 of the Criminal Code of 1961.
22            (W) A violation of Section 24-3.5 of the Criminal
23        Code of 1961.
24            (X) A violation of subsection (a) of Section 31-1a
25        of the Criminal Code of 1961.
26            (Y) A conviction for unlawful possession of a

 

 

HB5482 Engrossed- 5 -LRB097 18229 RLC 63453 b

1        firearm by a street gang member when the firearm was
2        loaded or contained firearm ammunition.
3            (Z) A Class 1 felony committed while he or she was
4        serving a term of probation or conditional discharge
5        for a felony.
6            (AA) Theft of property exceeding $500,000 and not
7        exceeding $1,000,000 in value.
8            (BB) Laundering of criminally derived property of
9        a value exceeding $500,000.
10            (CC) Knowingly selling, offering for sale, holding
11        for sale, or using 2,000 or more counterfeit items or
12        counterfeit items having a retail value in the
13        aggregate of $500,000 or more.
14            (DD) A conviction for aggravated assault under
15        paragraph (6) of subsection (c) of Section 12-2 of the
16        Criminal Code of 1961 if the firearm is aimed toward
17        the person against whom the firearm is being used.
18            (EE) A Class 1 felony violation of Section 10-9 of
19        the Criminal Code of 1961.
20        (3) (Blank).
21        (4) A minimum term of imprisonment of not less than 10
22    consecutive days or 30 days of community service shall be
23    imposed for a violation of paragraph (c) of Section 6-303
24    of the Illinois Vehicle Code.
25        (4.1) (Blank).
26        (4.2) Except as provided in paragraphs (4.3) and (4.8)

 

 

HB5482 Engrossed- 6 -LRB097 18229 RLC 63453 b

1    of this subsection (c), a minimum of 100 hours of community
2    service shall be imposed for a second violation of Section
3    6-303 of the Illinois Vehicle Code.
4        (4.3) A minimum term of imprisonment of 30 days or 300
5    hours of community service, as determined by the court,
6    shall be imposed for a second violation of subsection (c)
7    of Section 6-303 of the Illinois Vehicle Code.
8        (4.4) Except as provided in paragraphs (4.5), (4.6),
9    and (4.9) of this subsection (c), a minimum term of
10    imprisonment of 30 days or 300 hours of community service,
11    as determined by the court, shall be imposed for a third or
12    subsequent violation of Section 6-303 of the Illinois
13    Vehicle Code.
14        (4.5) A minimum term of imprisonment of 30 days shall
15    be imposed for a third violation of subsection (c) of
16    Section 6-303 of the Illinois Vehicle Code.
17        (4.6) Except as provided in paragraph (4.10) of this
18    subsection (c), a minimum term of imprisonment of 180 days
19    shall be imposed for a fourth or subsequent violation of
20    subsection (c) of Section 6-303 of the Illinois Vehicle
21    Code.
22        (4.7) A minimum term of imprisonment of not less than
23    30 consecutive days, or 300 hours of community service,
24    shall be imposed for a violation of subsection (a-5) of
25    Section 6-303 of the Illinois Vehicle Code, as provided in
26    subsection (b-5) of that Section.

 

 

HB5482 Engrossed- 7 -LRB097 18229 RLC 63453 b

1        (4.8) A mandatory prison sentence shall be imposed for
2    a second violation of subsection (a-5) of Section 6-303 of
3    the Illinois Vehicle Code, as provided in subsection (c-5)
4    of that Section. The person's driving privileges shall be
5    revoked for a period of not less than 5 years from the date
6    of his or her release from prison.
7        (4.9) A mandatory prison sentence of not less than 4
8    and not more than 15 years shall be imposed for a third
9    violation of subsection (a-5) of Section 6-303 of the
10    Illinois Vehicle Code, as provided in subsection (d-2.5) of
11    that Section. The person's driving privileges shall be
12    revoked for the remainder of his or her life.
13        (4.10) A mandatory prison sentence for a Class 1 felony
14    shall be imposed, and the person shall be eligible for an
15    extended term sentence, for a fourth or subsequent
16    violation of subsection (a-5) of Section 6-303 of the
17    Illinois Vehicle Code, as provided in subsection (d-3.5) of
18    that Section. The person's driving privileges shall be
19    revoked for the remainder of his or her life.
20        (5) The court may sentence a corporation or
21    unincorporated association convicted of any offense to:
22            (A) a period of conditional discharge;
23            (B) a fine;
24            (C) make restitution to the victim under Section
25        5-5-6 of this Code.
26        (5.1) In addition to any other penalties imposed, and

 

 

HB5482 Engrossed- 8 -LRB097 18229 RLC 63453 b

1    except as provided in paragraph (5.2) or (5.3), a person
2    convicted of violating subsection (c) of Section 11-907 of
3    the Illinois Vehicle Code shall have his or her driver's
4    license, permit, or privileges suspended for at least 90
5    days but not more than one year, if the violation resulted
6    in damage to the property of another person.
7        (5.2) In addition to any other penalties imposed, and
8    except as provided in paragraph (5.3), a person convicted
9    of violating subsection (c) of Section 11-907 of the
10    Illinois Vehicle Code shall have his or her driver's
11    license, permit, or privileges suspended for at least 180
12    days but not more than 2 years, if the violation resulted
13    in injury to another person.
14        (5.3) In addition to any other penalties imposed, a
15    person convicted of violating subsection (c) of Section
16    11-907 of the Illinois Vehicle Code shall have his or her
17    driver's license, permit, or privileges suspended for 2
18    years, if the violation resulted in the death of another
19    person.
20        (5.4) In addition to any other penalties imposed, a
21    person convicted of violating Section 3-707 of the Illinois
22    Vehicle Code shall have his or her driver's license,
23    permit, or privileges suspended for 3 months and until he
24    or she has paid a reinstatement fee of $100.
25        (5.5) In addition to any other penalties imposed, a
26    person convicted of violating Section 3-707 of the Illinois

 

 

HB5482 Engrossed- 9 -LRB097 18229 RLC 63453 b

1    Vehicle Code during a period in which his or her driver's
2    license, permit, or privileges were suspended for a
3    previous violation of that Section shall have his or her
4    driver's license, permit, or privileges suspended for an
5    additional 6 months after the expiration of the original
6    3-month suspension and until he or she has paid a
7    reinstatement fee of $100.
8        (6) (Blank).
9        (7) (Blank).
10        (8) (Blank).
11        (9) A defendant convicted of a second or subsequent
12    offense of ritualized abuse of a child may be sentenced to
13    a term of natural life imprisonment.
14        (10) (Blank).
15        (11) The court shall impose a minimum fine of $1,000
16    for a first offense and $2,000 for a second or subsequent
17    offense upon a person convicted of or placed on supervision
18    for battery when the individual harmed was a sports
19    official or coach at any level of competition and the act
20    causing harm to the sports official or coach occurred
21    within an athletic facility or within the immediate
22    vicinity of the athletic facility at which the sports
23    official or coach was an active participant of the athletic
24    contest held at the athletic facility. For the purposes of
25    this paragraph (11), "sports official" means a person at an
26    athletic contest who enforces the rules of the contest,

 

 

HB5482 Engrossed- 10 -LRB097 18229 RLC 63453 b

1    such as an umpire or referee; "athletic facility" means an
2    indoor or outdoor playing field or recreational area where
3    sports activities are conducted; and "coach" means a person
4    recognized as a coach by the sanctioning authority that
5    conducted the sporting event.
6        (12) A person may not receive a disposition of court
7    supervision for a violation of Section 5-16 of the Boat
8    Registration and Safety Act if that person has previously
9    received a disposition of court supervision for a violation
10    of that Section.
11        (13) A person convicted of or placed on court
12    supervision for an assault or aggravated assault when the
13    victim and the offender are family or household members as
14    defined in Section 103 of the Illinois Domestic Violence
15    Act of 1986 or convicted of domestic battery or aggravated
16    domestic battery may be required to attend a Partner Abuse
17    Intervention Program under protocols set forth by the
18    Illinois Department of Human Services under such terms and
19    conditions imposed by the court. The costs of such classes
20    shall be paid by the offender.
21    (d) In any case in which a sentence originally imposed is
22vacated, the case shall be remanded to the trial court. The
23trial court shall hold a hearing under Section 5-4-1 of the
24Unified Code of Corrections which may include evidence of the
25defendant's life, moral character and occupation during the
26time since the original sentence was passed. The trial court

 

 

HB5482 Engrossed- 11 -LRB097 18229 RLC 63453 b

1shall then impose sentence upon the defendant. The trial court
2may impose any sentence which could have been imposed at the
3original trial subject to Section 5-5-4 of the Unified Code of
4Corrections. If a sentence is vacated on appeal or on
5collateral attack due to the failure of the trier of fact at
6trial to determine beyond a reasonable doubt the existence of a
7fact (other than a prior conviction) necessary to increase the
8punishment for the offense beyond the statutory maximum
9otherwise applicable, either the defendant may be re-sentenced
10to a term within the range otherwise provided or, if the State
11files notice of its intention to again seek the extended
12sentence, the defendant shall be afforded a new trial.
13    (e) In cases where prosecution for aggravated criminal
14sexual abuse under Section 11-1.60 or 12-16 of the Criminal
15Code of 1961 results in conviction of a defendant who was a
16family member of the victim at the time of the commission of
17the offense, the court shall consider the safety and welfare of
18the victim and may impose a sentence of probation only where:
19        (1) the court finds (A) or (B) or both are appropriate:
20            (A) the defendant is willing to undergo a court
21        approved counseling program for a minimum duration of 2
22        years; or
23            (B) the defendant is willing to participate in a
24        court approved plan including but not limited to the
25        defendant's:
26                (i) removal from the household;

 

 

HB5482 Engrossed- 12 -LRB097 18229 RLC 63453 b

1                (ii) restricted contact with the victim;
2                (iii) continued financial support of the
3            family;
4                (iv) restitution for harm done to the victim;
5            and
6                (v) compliance with any other measures that
7            the court may deem appropriate; and
8        (2) the court orders the defendant to pay for the
9    victim's counseling services, to the extent that the court
10    finds, after considering the defendant's income and
11    assets, that the defendant is financially capable of paying
12    for such services, if the victim was under 18 years of age
13    at the time the offense was committed and requires
14    counseling as a result of the offense.
15    Probation may be revoked or modified pursuant to Section
165-6-4; except where the court determines at the hearing that
17the defendant violated a condition of his or her probation
18restricting contact with the victim or other family members or
19commits another offense with the victim or other family
20members, the court shall revoke the defendant's probation and
21impose a term of imprisonment.
22    For the purposes of this Section, "family member" and
23"victim" shall have the meanings ascribed to them in Section
2411-0.1 of the Criminal Code of 1961.
25    (f) (Blank).
26    (g) Whenever a defendant is convicted of an offense under

 

 

HB5482 Engrossed- 13 -LRB097 18229 RLC 63453 b

1Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-14,
211-14.3, 11-14.4 except for an offense that involves keeping a
3place of juvenile prostitution, 11-15, 11-15.1, 11-16, 11-17,
411-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 12-13, 12-14,
512-14.1, 12-15 or 12-16 of the Criminal Code of 1961, the
6defendant shall undergo medical testing to determine whether
7the defendant has any sexually transmissible disease,
8including a test for infection with human immunodeficiency
9virus (HIV) or any other identified causative agent of acquired
10immunodeficiency syndrome (AIDS). Any such medical test shall
11be performed only by appropriately licensed medical
12practitioners and may include an analysis of any bodily fluids
13as well as an examination of the defendant's person. Except as
14otherwise provided by law, the results of such test shall be
15kept strictly confidential by all medical personnel involved in
16the testing and must be personally delivered in a sealed
17envelope to the judge of the court in which the conviction was
18entered for the judge's inspection in camera. Acting in
19accordance with the best interests of the victim and the
20public, the judge shall have the discretion to determine to
21whom, if anyone, the results of the testing may be revealed.
22The court shall notify the defendant of the test results. The
23court shall also notify the victim if requested by the victim,
24and if the victim is under the age of 15 and if requested by the
25victim's parents or legal guardian, the court shall notify the
26victim's parents or legal guardian of the test results. The

 

 

HB5482 Engrossed- 14 -LRB097 18229 RLC 63453 b

1court shall provide information on the availability of HIV
2testing and counseling at Department of Public Health
3facilities to all parties to whom the results of the testing
4are revealed and shall direct the State's Attorney to provide
5the information to the victim when possible. A State's Attorney
6may petition the court to obtain the results of any HIV test
7administered under this Section, and the court shall grant the
8disclosure if the State's Attorney shows it is relevant in
9order to prosecute a charge of criminal transmission of HIV
10under Section 12-5.01 or 12-16.2 of the Criminal Code of 1961
11against the defendant. The court shall order that the cost of
12any such test shall be paid by the county and may be taxed as
13costs against the convicted defendant.
14    (g-5) When an inmate is tested for an airborne communicable
15disease, as determined by the Illinois Department of Public
16Health including but not limited to tuberculosis, the results
17of the test shall be personally delivered by the warden or his
18or her designee in a sealed envelope to the judge of the court
19in which the inmate must appear for the judge's inspection in
20camera if requested by the judge. Acting in accordance with the
21best interests of those in the courtroom, the judge shall have
22the discretion to determine what if any precautions need to be
23taken to prevent transmission of the disease in the courtroom.
24    (h) Whenever a defendant is convicted of an offense under
25Section 1 or 2 of the Hypodermic Syringes and Needles Act, the
26defendant shall undergo medical testing to determine whether

 

 

HB5482 Engrossed- 15 -LRB097 18229 RLC 63453 b

1the defendant has been exposed to human immunodeficiency virus
2(HIV) or any other identified causative agent of acquired
3immunodeficiency syndrome (AIDS). Except as otherwise provided
4by law, the results of such test shall be kept strictly
5confidential by all medical personnel involved in the testing
6and must be personally delivered in a sealed envelope to the
7judge of the court in which the conviction was entered for the
8judge's inspection in camera. Acting in accordance with the
9best interests of the public, the judge shall have the
10discretion to determine to whom, if anyone, the results of the
11testing may be revealed. The court shall notify the defendant
12of a positive test showing an infection with the human
13immunodeficiency virus (HIV). The court shall provide
14information on the availability of HIV testing and counseling
15at Department of Public Health facilities to all parties to
16whom the results of the testing are revealed and shall direct
17the State's Attorney to provide the information to the victim
18when possible. A State's Attorney may petition the court to
19obtain the results of any HIV test administered under this
20Section, and the court shall grant the disclosure if the
21State's Attorney shows it is relevant in order to prosecute a
22charge of criminal transmission of HIV under Section 12-5.01 or
2312-16.2 of the Criminal Code of 1961 against the defendant. The
24court shall order that the cost of any such test shall be paid
25by the county and may be taxed as costs against the convicted
26defendant.

 

 

HB5482 Engrossed- 16 -LRB097 18229 RLC 63453 b

1    (i) All fines and penalties imposed under this Section for
2any violation of Chapters 3, 4, 6, and 11 of the Illinois
3Vehicle Code, or a similar provision of a local ordinance, and
4any violation of the Child Passenger Protection Act, or a
5similar provision of a local ordinance, shall be collected and
6disbursed by the circuit clerk as provided under Section 27.5
7of the Clerks of Courts Act.
8    (j) In cases when prosecution for any violation of Section
911-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-8, 11-9,
1011-11, 11-14, 11-14.3, 11-14.4, 11-15, 11-15.1, 11-16, 11-17,
1111-17.1, 11-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 11-20.1,
1211-20.1B, 11-20.3, 11-21, 11-30, 11-40, 12-13, 12-14, 12-14.1,
1312-15, or 12-16 of the Criminal Code of 1961, any violation of
14the Illinois Controlled Substances Act, any violation of the
15Cannabis Control Act, or any violation of the Methamphetamine
16Control and Community Protection Act results in conviction, a
17disposition of court supervision, or an order of probation
18granted under Section 10 of the Cannabis Control Act, Section
19410 of the Illinois Controlled Substance Act, or Section 70 of
20the Methamphetamine Control and Community Protection Act of a
21defendant, the court shall determine whether the defendant is
22employed by a facility or center as defined under the Child
23Care Act of 1969, a public or private elementary or secondary
24school, or otherwise works with children under 18 years of age
25on a daily basis. When a defendant is so employed, the court
26shall order the Clerk of the Court to send a copy of the

 

 

HB5482 Engrossed- 17 -LRB097 18229 RLC 63453 b

1judgment of conviction or order of supervision or probation to
2the defendant's employer by certified mail. If the employer of
3the defendant is a school, the Clerk of the Court shall direct
4the mailing of a copy of the judgment of conviction or order of
5supervision or probation to the appropriate regional
6superintendent of schools. The regional superintendent of
7schools shall notify the State Board of Education of any
8notification under this subsection.
9    (j-5) A defendant at least 17 years of age who is convicted
10of a felony and who has not been previously convicted of a
11misdemeanor or felony and who is sentenced to a term of
12imprisonment in the Illinois Department of Corrections shall as
13a condition of his or her sentence be required by the court to
14attend educational courses designed to prepare the defendant
15for a high school diploma and to work toward a high school
16diploma or to work toward passing the high school level Test of
17General Educational Development (GED) or to work toward
18completing a vocational training program offered by the
19Department of Corrections. If a defendant fails to complete the
20educational training required by his or her sentence during the
21term of incarceration, the Prisoner Review Board shall, as a
22condition of mandatory supervised release, require the
23defendant, at his or her own expense, to pursue a course of
24study toward a high school diploma or passage of the GED test.
25The Prisoner Review Board shall revoke the mandatory supervised
26release of a defendant who wilfully fails to comply with this

 

 

HB5482 Engrossed- 18 -LRB097 18229 RLC 63453 b

1subsection (j-5) upon his or her release from confinement in a
2penal institution while serving a mandatory supervised release
3term; however, the inability of the defendant after making a
4good faith effort to obtain financial aid or pay for the
5educational training shall not be deemed a wilful failure to
6comply. The Prisoner Review Board shall recommit the defendant
7whose mandatory supervised release term has been revoked under
8this subsection (j-5) as provided in Section 3-3-9. This
9subsection (j-5) does not apply to a defendant who has a high
10school diploma or has successfully passed the GED test. This
11subsection (j-5) does not apply to a defendant who is
12determined by the court to be developmentally disabled or
13otherwise mentally incapable of completing the educational or
14vocational program.
15    (k) (Blank).
16    (l) (A) Except as provided in paragraph (C) of subsection
17    (l), whenever a defendant, who is an alien as defined by
18    the Immigration and Nationality Act, is convicted of any
19    felony or misdemeanor offense, the court after sentencing
20    the defendant may, upon motion of the State's Attorney,
21    hold sentence in abeyance and remand the defendant to the
22    custody of the Attorney General of the United States or his
23    or her designated agent to be deported when:
24            (1) a final order of deportation has been issued
25        against the defendant pursuant to proceedings under
26        the Immigration and Nationality Act, and

 

 

HB5482 Engrossed- 19 -LRB097 18229 RLC 63453 b

1            (2) the deportation of the defendant would not
2        deprecate the seriousness of the defendant's conduct
3        and would not be inconsistent with the ends of justice.
4        Otherwise, the defendant shall be sentenced as
5    provided in this Chapter V.
6        (B) If the defendant has already been sentenced for a
7    felony or misdemeanor offense, or has been placed on
8    probation under Section 10 of the Cannabis Control Act,
9    Section 410 of the Illinois Controlled Substances Act, or
10    Section 70 of the Methamphetamine Control and Community
11    Protection Act, the court may, upon motion of the State's
12    Attorney to suspend the sentence imposed, commit the
13    defendant to the custody of the Attorney General of the
14    United States or his or her designated agent when:
15            (1) a final order of deportation has been issued
16        against the defendant pursuant to proceedings under
17        the Immigration and Nationality Act, and
18            (2) the deportation of the defendant would not
19        deprecate the seriousness of the defendant's conduct
20        and would not be inconsistent with the ends of justice.
21        (C) This subsection (l) does not apply to offenders who
22    are subject to the provisions of paragraph (2) of
23    subsection (a) of Section 3-6-3.
24        (D) Upon motion of the State's Attorney, if a defendant
25    sentenced under this Section returns to the jurisdiction of
26    the United States, the defendant shall be recommitted to

 

 

HB5482 Engrossed- 20 -LRB097 18229 RLC 63453 b

1    the custody of the county from which he or she was
2    sentenced. Thereafter, the defendant shall be brought
3    before the sentencing court, which may impose any sentence
4    that was available under Section 5-5-3 at the time of
5    initial sentencing. In addition, the defendant shall not be
6    eligible for additional good conduct credit for
7    meritorious service as provided under Section 3-6-6.
8    (m) A person convicted of criminal defacement of property
9under Section 21-1.3 of the Criminal Code of 1961, in which the
10property damage exceeds $300 and the property damaged is a
11school building, shall be ordered to perform community service
12that may include cleanup, removal, or painting over the
13defacement.
14    (n) The court may sentence a person convicted of a
15violation of Section 12-19, 12-21, 16-1.3, or 17-56, or
16subsection (a) or (b) of Section 12-4.4a, of the Criminal Code
17of 1961 (i) to an impact incarceration program if the person is
18otherwise eligible for that program under Section 5-8-1.1, (ii)
19to community service, or (iii) if the person is an addict or
20alcoholic, as defined in the Alcoholism and Other Drug Abuse
21and Dependency Act, to a substance or alcohol abuse program
22licensed under that Act.
23    (o) Whenever a person is convicted of a sex offense as
24defined in Section 2 of the Sex Offender Registration Act, the
25defendant's driver's license or permit shall be subject to
26renewal on an annual basis in accordance with the provisions of

 

 

HB5482 Engrossed- 21 -LRB097 18229 RLC 63453 b

1license renewal established by the Secretary of State.
2(Source: P.A. 96-348, eff. 8-12-09; 96-400, eff. 8-13-09;
396-829, eff. 12-3-09; 96-1200, eff. 7-22-10; 96-1551, Article
41, Section 970, eff. 7-1-11; 96-1551, Article 2, Section 1065,
5eff. 7-1-11; 96-1551, Article 10, Section 10-150, eff. 7-1-11;
697-159, eff. 7-21-11; revised 9-14-11.)