98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB2227

 

Introduced , by Rep. Dwight Kay

 

SYNOPSIS AS INTRODUCED:
 
730 ILCS 5/5-5-3  from Ch. 38, par. 1005-5-3

    Amends the Unified Code of Corrections. Provides that a period of probation, a term of periodic imprisonment, or conditional discharge may not be imposed if the defendant is convicted of a Class 3 felony or higher violation of an offense involving the corruption of a public official when the offense consists of theft, fraud, extortion, or deception relating to certification of disadvantaged business enterprises or a violation of the Official Misconduct or Public Contracts Article of the Criminal Code of 2012 and either: (1) the defendant was an elected official at the time of the offense, or (2) the offense involved more than $10,000 in money or property, based on either the value of any payments or the value of the item that was the object of the offense. Provides that this provision does not apply if the prosecutor certifies to the court at the time of sentencing that the defendant has provided substantial assistance in the case or another prosecution of substantial public importance.


LRB098 05611 RLC 35649 b

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB2227LRB098 05611 RLC 35649 b

1    AN ACT concerning criminal law.
 
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

 

 

HB2227- 2 -LRB098 05611 RLC 35649 b

1        subdivision (c)(1.5) or (c)(2) of Section 401 of that
2        Act which relates to more than 5 grams of a substance
3        containing cocaine, fentanyl, or an analog thereof.
4            (D-5) A violation of subdivision (c)(1) of Section
5        401 of the Illinois Controlled Substances Act which
6        relates to 3 or more grams of a substance containing
7        heroin or an analog thereof.
8            (E) A violation of Section 5.1 or 9 of the Cannabis
9        Control Act.
10            (F) A Class 2 or greater felony if the offender had
11        been convicted of a Class 2 or greater felony,
12        including any state or federal conviction for an
13        offense that contained, at the time it was committed,
14        the same elements as an offense now (the date of the
15        offense committed after the prior Class 2 or greater
16        felony) classified as a Class 2 or greater felony,
17        within 10 years of the date on which the offender
18        committed the offense for which he or she is being
19        sentenced, except as otherwise provided in Section
20        40-10 of the Alcoholism and Other Drug Abuse and
21        Dependency Act.
22            (F-5) A violation of Section 24-1, 24-1.1, or
23        24-1.6 of the Criminal Code of 1961 or the Criminal
24        Code of 2012 for which imprisonment is prescribed in
25        those Sections.
26            (G) Residential burglary, except as otherwise

 

 

HB2227- 3 -LRB098 05611 RLC 35649 b

1        provided in Section 40-10 of the Alcoholism and Other
2        Drug Abuse and Dependency Act.
3            (H) Criminal sexual assault.
4            (I) Aggravated battery of a senior citizen as
5        described in Section 12-4.6 or subdivision (a)(4) of
6        Section 12-3.05 of the Criminal Code of 1961 or the
7        Criminal Code of 2012.
8            (J) A forcible felony if the offense was related to
9        the activities of an organized gang.
10            Before July 1, 1994, for the purposes of this
11        paragraph, "organized gang" means an association of 5
12        or more persons, with an established hierarchy, that
13        encourages members of the association to perpetrate
14        crimes or provides support to the members of the
15        association who do commit crimes.
16            Beginning July 1, 1994, for the purposes of this
17        paragraph, "organized gang" has the meaning ascribed
18        to it in Section 10 of the Illinois Streetgang
19        Terrorism Omnibus Prevention Act.
20            (K) Vehicular hijacking.
21            (L) A second or subsequent conviction for the
22        offense of hate crime when the underlying offense upon
23        which the hate crime is based is felony aggravated
24        assault or felony mob action.
25            (M) A second or subsequent conviction for the
26        offense of institutional vandalism if the damage to the

 

 

HB2227- 4 -LRB098 05611 RLC 35649 b

1        property exceeds $300.
2            (N) A Class 3 felony violation of paragraph (1) of
3        subsection (a) of Section 2 of the Firearm Owners
4        Identification Card Act.
5            (O) A violation of Section 12-6.1 or 12-6.5 of the
6        Criminal Code of 1961 or the Criminal Code of 2012.
7            (P) A violation of paragraph (1), (2), (3), (4),
8        (5), or (7) of subsection (a) of Section 11-20.1 of the
9        Criminal Code of 1961 or the Criminal Code of 2012.
10            (Q) A violation of subsection (b) or (b-5) of
11        Section 20-1, Section 20-1.2, or Section 20-1.3 of the
12        Criminal Code of 1961 or the Criminal Code of 2012.
13            (R) A violation of Section 24-3A of the Criminal
14        Code of 1961 or the Criminal Code of 2012.
15            (S) (Blank).
16            (T) A second or subsequent violation of the
17        Methamphetamine Control and Community Protection Act.
18            (U) A second or subsequent violation of Section
19        6-303 of the Illinois Vehicle Code committed while his
20        or her driver's license, permit, or privilege was
21        revoked because of a violation of Section 9-3 of the
22        Criminal Code of 1961 or the Criminal Code of 2012,
23        relating to the offense of reckless homicide, or a
24        similar provision of a law of another state.
25            (V) A violation of paragraph (4) of subsection (c)
26        of Section 11-20.1B or paragraph (4) of subsection (c)

 

 

HB2227- 5 -LRB098 05611 RLC 35649 b

1        of Section 11-20.3 of the Criminal Code of 1961, or
2        paragraph (6) of subsection (a) of Section 11-20.1 of
3        the Criminal Code of 2012 when the victim is under 13
4        years of age and the defendant has previously been
5        convicted under the laws of this State or any other
6        state of the offense of child pornography, aggravated
7        child pornography, aggravated criminal sexual abuse,
8        aggravated criminal sexual assault, predatory criminal
9        sexual assault of a child, or any of the offenses
10        formerly known as rape, deviate sexual assault,
11        indecent liberties with a child, or aggravated
12        indecent liberties with a child where the victim was
13        under the age of 18 years or an offense that is
14        substantially equivalent to those offenses.
15            (W) A violation of Section 24-3.5 of the Criminal
16        Code of 1961 or the Criminal Code of 2012.
17            (X) A violation of subsection (a) of Section 31-1a
18        of the Criminal Code of 1961 or the Criminal Code of
19        2012.
20            (Y) A conviction for unlawful possession of a
21        firearm by a street gang member when the firearm was
22        loaded or contained firearm ammunition.
23            (Z) A Class 1 felony committed while he or she was
24        serving a term of probation or conditional discharge
25        for a felony.
26            (AA) Theft of property exceeding $500,000 and not

 

 

HB2227- 6 -LRB098 05611 RLC 35649 b

1        exceeding $1,000,000 in value.
2            (BB) Laundering of criminally derived property of
3        a value exceeding $500,000.
4            (CC) Knowingly selling, offering for sale, holding
5        for sale, or using 2,000 or more counterfeit items or
6        counterfeit items having a retail value in the
7        aggregate of $500,000 or more.
8            (DD) A conviction for aggravated assault under
9        paragraph (6) of subsection (c) of Section 12-2 of the
10        Criminal Code of 1961 or the Criminal Code of 2012 if
11        the firearm is aimed toward the person against whom the
12        firearm is being used.
13            (EE) A Class 3 felony or higher violation of an
14        offense involving the corruption of a public official
15        when the offense consists of theft, fraud, or extortion
16        or a violation of Section 17-10.3 or Article 33 or 33E
17        of the Criminal Code of 2012 and either: (1) the
18        defendant was an elected official at the time of the
19        offense, or (2) the offense involved more than $10,000
20        in money or property, based on either the value of any
21        payments or the value of the item that was the object
22        of the offense. However, if the prosecutor certifies to
23        the court at the time of sentencing that the defendant
24        has provided substantial assistance in the case or
25        another prosecution of substantial public importance,
26        this paragraph (EE) does not apply.

 

 

HB2227- 7 -LRB098 05611 RLC 35649 b

1        (3) (Blank).
2        (4) A minimum term of imprisonment of not less than 10
3    consecutive days or 30 days of community service shall be
4    imposed for a violation of paragraph (c) of Section 6-303
5    of the Illinois Vehicle Code.
6        (4.1) (Blank).
7        (4.2) Except as provided in paragraphs (4.3) and (4.8)
8    of this subsection (c), a minimum of 100 hours of community
9    service shall be imposed for a second violation of Section
10    6-303 of the Illinois Vehicle Code.
11        (4.3) A minimum term of imprisonment of 30 days or 300
12    hours of community service, as determined by the court,
13    shall be imposed for a second violation of subsection (c)
14    of Section 6-303 of the Illinois Vehicle Code.
15        (4.4) Except as provided in paragraphs (4.5), (4.6),
16    and (4.9) of this subsection (c), a minimum term of
17    imprisonment of 30 days or 300 hours of community service,
18    as determined by the court, shall be imposed for a third or
19    subsequent violation of Section 6-303 of the Illinois
20    Vehicle Code.
21        (4.5) A minimum term of imprisonment of 30 days shall
22    be imposed for a third violation of subsection (c) of
23    Section 6-303 of the Illinois Vehicle Code.
24        (4.6) Except as provided in paragraph (4.10) of this
25    subsection (c), a minimum term of imprisonment of 180 days
26    shall be imposed for a fourth or subsequent violation of

 

 

HB2227- 8 -LRB098 05611 RLC 35649 b

1    subsection (c) of Section 6-303 of the Illinois Vehicle
2    Code.
3        (4.7) A minimum term of imprisonment of not less than
4    30 consecutive days, or 300 hours of community service,
5    shall be imposed for a violation of subsection (a-5) of
6    Section 6-303 of the Illinois Vehicle Code, as provided in
7    subsection (b-5) of that Section.
8        (4.8) A mandatory prison sentence shall be imposed for
9    a second violation of subsection (a-5) of Section 6-303 of
10    the Illinois Vehicle Code, as provided in subsection (c-5)
11    of that Section. The person's driving privileges shall be
12    revoked for a period of not less than 5 years from the date
13    of his or her release from prison.
14        (4.9) A mandatory prison sentence of not less than 4
15    and not more than 15 years shall be imposed for a third
16    violation of subsection (a-5) of Section 6-303 of the
17    Illinois Vehicle Code, as provided in subsection (d-2.5) of
18    that Section. The person's driving privileges shall be
19    revoked for the remainder of his or her life.
20        (4.10) A mandatory prison sentence for a Class 1 felony
21    shall be imposed, and the person shall be eligible for an
22    extended term sentence, for a fourth or subsequent
23    violation of subsection (a-5) of Section 6-303 of the
24    Illinois Vehicle Code, as provided in subsection (d-3.5) of
25    that Section. The person's driving privileges shall be
26    revoked for the remainder of his or her life.

 

 

HB2227- 9 -LRB098 05611 RLC 35649 b

1        (5) The court may sentence a corporation or
2    unincorporated association convicted of any offense to:
3            (A) a period of conditional discharge;
4            (B) a fine;
5            (C) make restitution to the victim under Section
6        5-5-6 of this Code.
7        (5.1) In addition to any other penalties imposed, and
8    except as provided in paragraph (5.2) or (5.3), a person
9    convicted of violating subsection (c) of Section 11-907 of
10    the Illinois Vehicle Code shall have his or her driver's
11    license, permit, or privileges suspended for at least 90
12    days but not more than one year, if the violation resulted
13    in damage to the property of another person.
14        (5.2) In addition to any other penalties imposed, and
15    except as provided in paragraph (5.3), a person convicted
16    of violating subsection (c) of Section 11-907 of the
17    Illinois Vehicle Code shall have his or her driver's
18    license, permit, or privileges suspended for at least 180
19    days but not more than 2 years, if the violation resulted
20    in injury to another person.
21        (5.3) In addition to any other penalties imposed, a
22    person convicted of violating subsection (c) of Section
23    11-907 of the Illinois Vehicle Code shall have his or her
24    driver's license, permit, or privileges suspended for 2
25    years, if the violation resulted in the death of another
26    person.

 

 

HB2227- 10 -LRB098 05611 RLC 35649 b

1        (5.4) In addition to any other penalties imposed, a
2    person convicted of violating Section 3-707 of the Illinois
3    Vehicle Code shall have his or her driver's license,
4    permit, or privileges suspended for 3 months and until he
5    or she has paid a reinstatement fee of $100.
6        (5.5) In addition to any other penalties imposed, a
7    person convicted of violating Section 3-707 of the Illinois
8    Vehicle Code during a period in which his or her driver's
9    license, permit, or privileges were suspended for a
10    previous violation of that Section shall have his or her
11    driver's license, permit, or privileges suspended for an
12    additional 6 months after the expiration of the original
13    3-month suspension and until he or she has paid a
14    reinstatement fee of $100.
15        (6) (Blank).
16        (7) (Blank).
17        (8) (Blank).
18        (9) A defendant convicted of a second or subsequent
19    offense of ritualized abuse of a child may be sentenced to
20    a term of natural life imprisonment.
21        (10) (Blank).
22        (11) The court shall impose a minimum fine of $1,000
23    for a first offense and $2,000 for a second or subsequent
24    offense upon a person convicted of or placed on supervision
25    for battery when the individual harmed was a sports
26    official or coach at any level of competition and the act

 

 

HB2227- 11 -LRB098 05611 RLC 35649 b

1    causing harm to the sports official or coach occurred
2    within an athletic facility or within the immediate
3    vicinity of the athletic facility at which the sports
4    official or coach was an active participant of the athletic
5    contest held at the athletic facility. For the purposes of
6    this paragraph (11), "sports official" means a person at an
7    athletic contest who enforces the rules of the contest,
8    such as an umpire or referee; "athletic facility" means an
9    indoor or outdoor playing field or recreational area where
10    sports activities are conducted; and "coach" means a person
11    recognized as a coach by the sanctioning authority that
12    conducted the sporting event.
13        (12) A person may not receive a disposition of court
14    supervision for a violation of Section 5-16 of the Boat
15    Registration and Safety Act if that person has previously
16    received a disposition of court supervision for a violation
17    of that Section.
18        (13) A person convicted of or placed on court
19    supervision for an assault or aggravated assault when the
20    victim and the offender are family or household members as
21    defined in Section 103 of the Illinois Domestic Violence
22    Act of 1986 or convicted of domestic battery or aggravated
23    domestic battery may be required to attend a Partner Abuse
24    Intervention Program under protocols set forth by the
25    Illinois Department of Human Services under such terms and
26    conditions imposed by the court. The costs of such classes

 

 

HB2227- 12 -LRB098 05611 RLC 35649 b

1    shall be paid by the offender.
2    (d) In any case in which a sentence originally imposed is
3vacated, the case shall be remanded to the trial court. The
4trial court shall hold a hearing under Section 5-4-1 of the
5Unified Code of Corrections which may include evidence of the
6defendant's life, moral character and occupation during the
7time since the original sentence was passed. The trial court
8shall then impose sentence upon the defendant. The trial court
9may impose any sentence which could have been imposed at the
10original trial subject to Section 5-5-4 of the Unified Code of
11Corrections. If a sentence is vacated on appeal or on
12collateral attack due to the failure of the trier of fact at
13trial to determine beyond a reasonable doubt the existence of a
14fact (other than a prior conviction) necessary to increase the
15punishment for the offense beyond the statutory maximum
16otherwise applicable, either the defendant may be re-sentenced
17to a term within the range otherwise provided or, if the State
18files notice of its intention to again seek the extended
19sentence, the defendant shall be afforded a new trial.
20    (e) In cases where prosecution for aggravated criminal
21sexual abuse under Section 11-1.60 or 12-16 of the Criminal
22Code of 1961 or the Criminal Code of 2012 results in conviction
23of a defendant who was a family member of the victim at the
24time of the commission of the offense, the court shall consider
25the safety and welfare of the victim and may impose a sentence
26of probation only where:

 

 

HB2227- 13 -LRB098 05611 RLC 35649 b

1        (1) the court finds (A) or (B) or both are appropriate:
2            (A) the defendant is willing to undergo a court
3        approved counseling program for a minimum duration of 2
4        years; or
5            (B) the defendant is willing to participate in a
6        court approved plan including but not limited to the
7        defendant's:
8                (i) removal from the household;
9                (ii) restricted contact with the victim;
10                (iii) continued financial support of the
11            family;
12                (iv) restitution for harm done to the victim;
13            and
14                (v) compliance with any other measures that
15            the court may deem appropriate; and
16        (2) the court orders the defendant to pay for the
17    victim's counseling services, to the extent that the court
18    finds, after considering the defendant's income and
19    assets, that the defendant is financially capable of paying
20    for such services, if the victim was under 18 years of age
21    at the time the offense was committed and requires
22    counseling as a result of the offense.
23    Probation may be revoked or modified pursuant to Section
245-6-4; except where the court determines at the hearing that
25the defendant violated a condition of his or her probation
26restricting contact with the victim or other family members or

 

 

HB2227- 14 -LRB098 05611 RLC 35649 b

1commits another offense with the victim or other family
2members, the court shall revoke the defendant's probation and
3impose a term of imprisonment.
4    For the purposes of this Section, "family member" and
5"victim" shall have the meanings ascribed to them in Section
611-0.1 of the Criminal Code of 2012 1961.
7    (f) (Blank).
8    (g) Whenever a defendant is convicted of an offense under
9Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-14,
1011-14.3, 11-14.4 except for an offense that involves keeping a
11place of juvenile prostitution, 11-15, 11-15.1, 11-16, 11-17,
1211-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 12-13, 12-14,
1312-14.1, 12-15 or 12-16 of the Criminal Code of 1961 or the
14Criminal Code of 2012, the defendant shall undergo medical
15testing to determine whether the defendant has any sexually
16transmissible disease, including a test for infection with
17human immunodeficiency virus (HIV) or any other identified
18causative agent of acquired immunodeficiency syndrome (AIDS).
19Any such medical test shall be performed only by appropriately
20licensed medical practitioners and may include an analysis of
21any bodily fluids as well as an examination of the defendant's
22person. Except as otherwise provided by law, the results of
23such test shall be kept strictly confidential by all medical
24personnel involved in the testing and must be personally
25delivered in a sealed envelope to the judge of the court in
26which the conviction was entered for the judge's inspection in

 

 

HB2227- 15 -LRB098 05611 RLC 35649 b

1camera. Acting in accordance with the best interests of the
2victim and the public, the judge shall have the discretion to
3determine to whom, if anyone, the results of the testing may be
4revealed. The court shall notify the defendant of the test
5results. The court shall also notify the victim if requested by
6the victim, and if the victim is under the age of 15 and if
7requested by the victim's parents or legal guardian, the court
8shall notify the victim's parents or legal guardian of the test
9results. The court shall provide information on the
10availability of HIV testing and counseling at Department of
11Public Health facilities to all parties to whom the results of
12the testing are revealed and shall direct the State's Attorney
13to provide the information to the victim when possible. A
14State's Attorney may petition the court to obtain the results
15of any HIV test administered under this Section, and the court
16shall grant the disclosure if the State's Attorney shows it is
17relevant in order to prosecute a charge of criminal
18transmission of HIV under Section 12-5.01 or 12-16.2 of the
19Criminal Code of 1961 or the Criminal Code of 2012 against the
20defendant. The court shall order that the cost of any such test
21shall be paid by the county and may be taxed as costs against
22the convicted defendant.
23    (g-5) When an inmate is tested for an airborne communicable
24disease, as determined by the Illinois Department of Public
25Health including but not limited to tuberculosis, the results
26of the test shall be personally delivered by the warden or his

 

 

HB2227- 16 -LRB098 05611 RLC 35649 b

1or her designee in a sealed envelope to the judge of the court
2in which the inmate must appear for the judge's inspection in
3camera if requested by the judge. Acting in accordance with the
4best interests of those in the courtroom, the judge shall have
5the discretion to determine what if any precautions need to be
6taken to prevent transmission of the disease in the courtroom.
7    (h) Whenever a defendant is convicted of an offense under
8Section 1 or 2 of the Hypodermic Syringes and Needles Act, the
9defendant shall undergo medical testing to determine whether
10the defendant has been exposed to human immunodeficiency virus
11(HIV) or any other identified causative agent of acquired
12immunodeficiency syndrome (AIDS). Except as otherwise provided
13by law, the results of such test shall be kept strictly
14confidential by all medical personnel involved in the testing
15and must be personally delivered in a sealed envelope to the
16judge of the court in which the conviction was entered for the
17judge's inspection in camera. Acting in accordance with the
18best interests of the public, the judge shall have the
19discretion to determine to whom, if anyone, the results of the
20testing may be revealed. The court shall notify the defendant
21of a positive test showing an infection with the human
22immunodeficiency virus (HIV). The court shall provide
23information on the availability of HIV testing and counseling
24at Department of Public Health facilities to all parties to
25whom the results of the testing are revealed and shall direct
26the State's Attorney to provide the information to the victim

 

 

HB2227- 17 -LRB098 05611 RLC 35649 b

1when possible. A State's Attorney may petition the court to
2obtain the results of any HIV test administered under this
3Section, and the court shall grant the disclosure if the
4State's Attorney shows it is relevant in order to prosecute a
5charge of criminal transmission of HIV under Section 12-5.01 or
612-16.2 of the Criminal Code of 1961 or the Criminal Code of
72012 against the defendant. The court shall order that the cost
8of any such test shall be paid by the county and may be taxed as
9costs against the convicted defendant.
10    (i) All fines and penalties imposed under this Section for
11any violation of Chapters 3, 4, 6, and 11 of the Illinois
12Vehicle Code, or a similar provision of a local ordinance, and
13any violation of the Child Passenger Protection Act, or a
14similar provision of a local ordinance, shall be collected and
15disbursed by the circuit clerk as provided under Section 27.5
16of the Clerks of Courts Act.
17    (j) In cases when prosecution for any violation of Section
1811-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-8, 11-9,
1911-11, 11-14, 11-14.3, 11-14.4, 11-15, 11-15.1, 11-16, 11-17,
2011-17.1, 11-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 11-20.1,
2111-20.1B, 11-20.3, 11-21, 11-30, 11-40, 12-13, 12-14, 12-14.1,
2212-15, or 12-16 of the Criminal Code of 1961 or the Criminal
23Code of 2012, any violation of the Illinois Controlled
24Substances Act, any violation of the Cannabis Control Act, or
25any violation of the Methamphetamine Control and Community
26Protection Act results in conviction, a disposition of court

 

 

HB2227- 18 -LRB098 05611 RLC 35649 b

1supervision, or an order of probation granted under Section 10
2of the Cannabis Control Act, Section 410 of the Illinois
3Controlled Substance Act, or Section 70 of the Methamphetamine
4Control and Community Protection Act of a defendant, the court
5shall determine whether the defendant is employed by a facility
6or center as defined under the Child Care Act of 1969, a public
7or private elementary or secondary school, or otherwise works
8with children under 18 years of age on a daily basis. When a
9defendant is so employed, the court shall order the Clerk of
10the Court to send a copy of the judgment of conviction or order
11of supervision or probation to the defendant's employer by
12certified mail. If the employer of the defendant is a school,
13the Clerk of the Court shall direct the mailing of a copy of
14the judgment of conviction or order of supervision or probation
15to the appropriate regional superintendent of schools. The
16regional superintendent of schools shall notify the State Board
17of Education of any notification under this subsection.
18    (j-5) A defendant at least 17 years of age who is convicted
19of a felony and who has not been previously convicted of a
20misdemeanor or felony and who is sentenced to a term of
21imprisonment in the Illinois Department of Corrections shall as
22a condition of his or her sentence be required by the court to
23attend educational courses designed to prepare the defendant
24for a high school diploma and to work toward a high school
25diploma or to work toward passing the high school level Test of
26General Educational Development (GED) or to work toward

 

 

HB2227- 19 -LRB098 05611 RLC 35649 b

1completing a vocational training program offered by the
2Department of Corrections. If a defendant fails to complete the
3educational training required by his or her sentence during the
4term of incarceration, the Prisoner Review Board shall, as a
5condition of mandatory supervised release, require the
6defendant, at his or her own expense, to pursue a course of
7study toward a high school diploma or passage of the GED test.
8The Prisoner Review Board shall revoke the mandatory supervised
9release of a defendant who wilfully fails to comply with this
10subsection (j-5) upon his or her release from confinement in a
11penal institution while serving a mandatory supervised release
12term; however, the inability of the defendant after making a
13good faith effort to obtain financial aid or pay for the
14educational training shall not be deemed a wilful failure to
15comply. The Prisoner Review Board shall recommit the defendant
16whose mandatory supervised release term has been revoked under
17this subsection (j-5) as provided in Section 3-3-9. This
18subsection (j-5) does not apply to a defendant who has a high
19school diploma or has successfully passed the GED test. This
20subsection (j-5) does not apply to a defendant who is
21determined by the court to be developmentally disabled or
22otherwise mentally incapable of completing the educational or
23vocational program.
24    (k) (Blank).
25    (l) (A) Except as provided in paragraph (C) of subsection
26    (l), whenever a defendant, who is an alien as defined by

 

 

HB2227- 20 -LRB098 05611 RLC 35649 b

1    the Immigration and Nationality Act, is convicted of any
2    felony or misdemeanor offense, the court after sentencing
3    the defendant may, upon motion of the State's Attorney,
4    hold sentence in abeyance and remand the defendant to the
5    custody of the Attorney General of the United States or his
6    or her designated agent to be deported when:
7            (1) a final order of deportation has been issued
8        against the defendant pursuant to proceedings under
9        the Immigration and Nationality Act, and
10            (2) the deportation of the defendant would not
11        deprecate the seriousness of the defendant's conduct
12        and would not be inconsistent with the ends of justice.
13        Otherwise, the defendant shall be sentenced as
14    provided in this Chapter V.
15        (B) If the defendant has already been sentenced for a
16    felony or misdemeanor offense, or has been placed on
17    probation under Section 10 of the Cannabis Control Act,
18    Section 410 of the Illinois Controlled Substances Act, or
19    Section 70 of the Methamphetamine Control and Community
20    Protection Act, the court may, upon motion of the State's
21    Attorney to suspend the sentence imposed, commit the
22    defendant to the custody of the Attorney General of the
23    United States or his or her designated agent 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

 

 

HB2227- 21 -LRB098 05611 RLC 35649 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        (C) This subsection (l) does not apply to offenders who
5    are subject to the provisions of paragraph (2) of
6    subsection (a) of Section 3-6-3.
7        (D) Upon motion of the State's Attorney, if a defendant
8    sentenced under this Section returns to the jurisdiction of
9    the United States, the defendant shall be recommitted to
10    the custody of the county from which he or she was
11    sentenced. Thereafter, the defendant shall be brought
12    before the sentencing court, which may impose any sentence
13    that was available under Section 5-5-3 at the time of
14    initial sentencing. In addition, the defendant shall not be
15    eligible for additional sentence credit for good conduct as
16    provided under Section 3-6-3.
17    (m) A person convicted of criminal defacement of property
18under Section 21-1.3 of the Criminal Code of 1961 or the
19Criminal Code of 2012, in which the property damage exceeds
20$300 and the property damaged is a school building, shall be
21ordered to perform community service that may include cleanup,
22removal, or painting over the defacement.
23    (n) The court may sentence a person convicted of a
24violation of Section 12-19, 12-21, 16-1.3, or 17-56, or
25subsection (a) or (b) of Section 12-4.4a, of the Criminal Code
26of 1961 or the Criminal Code of 2012 (i) to an impact

 

 

HB2227- 22 -LRB098 05611 RLC 35649 b

1incarceration program if the person is otherwise eligible for
2that program under Section 5-8-1.1, (ii) to community service,
3or (iii) if the person is an addict or alcoholic, as defined in
4the Alcoholism and Other Drug Abuse and Dependency Act, to a
5substance or alcohol abuse program licensed under that Act.
6    (o) Whenever a person is convicted of a sex offense as
7defined in Section 2 of the Sex Offender Registration Act, the
8defendant's driver's license or permit shall be subject to
9renewal on an annual basis in accordance with the provisions of
10license renewal established by the Secretary of State.
11(Source: P.A. 96-348, eff. 8-12-09; 96-400, eff. 8-13-09;
1296-829, eff. 12-3-09; 96-1200, eff. 7-22-10; 96-1551, Article
131, Section 970, eff. 7-1-11; 96-1551, Article 2, Section 1065,
14eff. 7-1-11; 96-1551, Article 10, Section 10-150, eff. 7-1-11;
1597-159, eff. 7-21-11; 97-697, eff. 6-22-12; 97-917, eff.
168-9-12; 97-1108, eff. 1-1-13; 97-1109, eff. 1-1-13; revised
179-20-12.)