99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB0189

 

Introduced , by Rep. Scott Drury

 

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 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.


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CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

 

 

A BILL FOR

 

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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 imprisonment
12or conditional discharge shall not be imposed for the following
13offenses. The court shall sentence the offender to not less
14than the minimum term of imprisonment set forth in this Code
15for the following offenses, and may order a fine or restitution
16or both in conjunction with such term of imprisonment:
17        (A) First degree murder where the death penalty is not
18    imposed.
19        (B) Attempted first degree murder.
20        (C) A Class X felony.
21        (D) A violation of Section 401.1 or 407 of the Illinois
22    Controlled Substances Act, or a violation of subdivision
23    (c)(1.5) or (c)(2) of Section 401 of that Act which relates

 

 

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

 

 

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1        (I) Aggravated battery of a senior citizen as described
2    in Section 12-4.6 or subdivision (a)(4) of Section 12-3.05
3    of the Criminal Code of 1961 or the Criminal Code of 2012.
4        (J) A forcible felony if the offense was related to the
5    activities of an organized gang.
6        Before July 1, 1994, for the purposes of this
7    paragraph, "organized gang" means an association of 5 or
8    more persons, with an established hierarchy, that
9    encourages members of the association to perpetrate crimes
10    or provides support to the members of the association who
11    do commit crimes.
12        Beginning July 1, 1994, for the purposes of this
13    paragraph, "organized gang" has the meaning ascribed to it
14    in Section 10 of the Illinois Streetgang Terrorism Omnibus
15    Prevention Act.
16        (K) Vehicular hijacking.
17        (L) A second or subsequent conviction for the offense
18    of hate crime when the underlying offense upon which the
19    hate crime is based is felony aggravated assault or felony
20    mob action.
21        (M) A second or subsequent conviction for the offense
22    of institutional vandalism if the damage to the property
23    exceeds $300.
24        (N) A Class 3 felony violation of paragraph (1) of
25    subsection (a) of Section 2 of the Firearm Owners
26    Identification Card Act.

 

 

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1        (O) A violation of Section 12-6.1 or 12-6.5 of the
2    Criminal Code of 1961 or the Criminal Code of 2012.
3        (P) A violation of paragraph (1), (2), (3), (4), (5),
4    or (7) of subsection (a) of Section 11-20.1 of the Criminal
5    Code of 1961 or the Criminal Code of 2012.
6        (Q) A violation of subsection (b) or (b-5) of Section
7    20-1, Section 20-1.2, or Section 20-1.3 of the Criminal
8    Code of 1961 or the Criminal Code of 2012.
9        (R) A violation of Section 24-3A of the Criminal Code
10    of 1961 or the Criminal Code of 2012.
11        (S) (Blank).
12        (T) A second or subsequent violation of the
13    Methamphetamine Control and Community Protection Act.
14        (U) A second or subsequent violation of Section 6-303
15    of the Illinois Vehicle Code committed while his or her
16    driver's license, permit, or privilege was revoked because
17    of a violation of Section 9-3 of the Criminal Code of 1961
18    or the Criminal Code of 2012, relating to the offense of
19    reckless homicide, or a similar provision of a law of
20    another state.
21        (V) A violation of paragraph (4) of subsection (c) of
22    Section 11-20.1B or paragraph (4) of subsection (c) of
23    Section 11-20.3 of the Criminal Code of 1961, or paragraph
24    (6) of subsection (a) of Section 11-20.1 of the Criminal
25    Code of 2012 when the victim is under 13 years of age and
26    the defendant has previously been convicted under the laws

 

 

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

 

 

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1    $500,000 or more.
2        (DD) A conviction for aggravated assault under
3    paragraph (6) of subsection (c) of Section 12-2 of the
4    Criminal Code of 1961 or the Criminal Code of 2012 if the
5    firearm is aimed toward the person against whom the firearm
6    is being used.
7        (EE) A Class 3 felony or higher violation of an offense
8    involving the corruption of a public official when the
9    offense consists of theft, fraud, extortion or a violation
10    of Article 33 or 33E of the Criminal Code of 2012 and
11    either: (1) the defendant was an elected official at the
12    time of the offense, or (2) the offense involved more than
13    $10,000 in money or property, based on either the value of
14    any payments or the value of the item that was the object
15    of the offense. However, if the prosecutor certifies to the
16    court at the time of sentencing that the defendant has
17    provided substantial assistance in the case or another
18    prosecution of substantial public importance, this
19    paragraph (EE) does not apply.
20    (3) (Blank).
21    (4) A minimum term of imprisonment of not less than 10
22consecutive days or 30 days of community service shall be
23imposed for a violation of paragraph (c) of Section 6-303 of
24the Illinois Vehicle Code.
25    (4.1) (Blank).
26    (4.2) Except as provided in paragraphs (4.3) and (4.8) of

 

 

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1this subsection (c), a minimum of 100 hours of community
2service shall be imposed for a second violation of Section
36-303 of the Illinois Vehicle Code.
4    (4.3) A minimum term of imprisonment of 30 days or 300
5hours of community service, as determined by the court, shall
6be imposed for a second violation of subsection (c) of Section
76-303 of the Illinois Vehicle Code.
8    (4.4) Except as provided in paragraphs (4.5), (4.6), and
9(4.9) of this subsection (c), a minimum term of imprisonment of
1030 days or 300 hours of community service, as determined by the
11court, shall be imposed for a third or subsequent violation of
12Section 6-303 of the Illinois Vehicle Code.
13    (4.5) A minimum term of imprisonment of 30 days shall be
14imposed for a third violation of subsection (c) of Section
156-303 of the Illinois Vehicle Code.
16    (4.6) Except as provided in paragraph (4.10) of this
17subsection (c), a minimum term of imprisonment of 180 days
18shall be imposed for a fourth or subsequent violation of
19subsection (c) of Section 6-303 of the Illinois Vehicle Code.
20    (4.7) A minimum term of imprisonment of not less than 30
21consecutive days, or 300 hours of community service, shall be
22imposed for a violation of subsection (a-5) of Section 6-303 of
23the Illinois Vehicle Code, as provided in subsection (b-5) of
24that Section.
25    (4.8) A mandatory prison sentence shall be imposed for a
26second violation of subsection (a-5) of Section 6-303 of the

 

 

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1Illinois Vehicle Code, as provided in subsection (c-5) of that
2Section. The person's driving privileges shall be revoked for a
3period of not less than 5 years from the date of his or her
4release from prison.
5    (4.9) A mandatory prison sentence of not less than 4 and
6not more than 15 years shall be imposed for a third violation
7of subsection (a-5) of Section 6-303 of the Illinois Vehicle
8Code, as provided in subsection (d-2.5) of that Section. The
9person's driving privileges shall be revoked for the remainder
10of his or her life.
11    (4.10) A mandatory prison sentence for a Class 1 felony
12shall be imposed, and the person shall be eligible for an
13extended term sentence, for a fourth or subsequent violation of
14subsection (a-5) of Section 6-303 of the Illinois Vehicle Code,
15as provided in subsection (d-3.5) of that Section. The person's
16driving privileges shall be revoked for the remainder of his or
17her life.
18    (5) The court may sentence a corporation or unincorporated
19association convicted of any offense to:
20        (A) a period of conditional discharge;
21        (B) a fine;
22        (C) make restitution to the victim under Section 5-5-6
23    of this Code.
24    (5.1) In addition to any other penalties imposed, and
25except as provided in paragraph (5.2) or (5.3), a person
26convicted of violating subsection (c) of Section 11-907 of the

 

 

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

 

 

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1expiration of the original 3-month suspension and until he or
2she has paid a reinstatement fee of $100.
3    (6) (Blank).
4    (7) (Blank).
5    (8) (Blank).
6    (9) A defendant convicted of a second or subsequent offense
7of ritualized abuse of a child may be sentenced to a term of
8natural life imprisonment.
9    (10) (Blank).
10    (11) The court shall impose a minimum fine of $1,000 for a
11first offense and $2,000 for a second or subsequent offense
12upon a person convicted of or placed on supervision for battery
13when the individual harmed was a sports official or coach at
14any level of competition and the act causing harm to the sports
15official or coach occurred within an athletic facility or
16within the immediate vicinity of the athletic facility at which
17the sports official or coach was an active participant of the
18athletic contest held at the athletic facility. For the
19purposes of this paragraph (11), "sports official" means a
20person at an athletic contest who enforces the rules of the
21contest, such as an umpire or referee; "athletic facility"
22means an indoor or outdoor playing field or recreational area
23where sports activities are conducted; and "coach" means a
24person recognized as a coach by the sanctioning authority that
25conducted the sporting event.
26    (12) A person may not receive a disposition of court

 

 

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1supervision for a violation of Section 5-16 of the Boat
2Registration and Safety Act if that person has previously
3received a disposition of court supervision for a violation of
4that Section.
5    (13) A person convicted of or placed on court supervision
6for an assault or aggravated assault when the victim and the
7offender are family or household members as defined in Section
8103 of the Illinois Domestic Violence Act of 1986 or convicted
9of domestic battery or aggravated domestic battery may be
10required to attend a Partner Abuse Intervention Program under
11protocols set forth by the Illinois Department of Human
12Services under such terms and conditions imposed by the court.
13The costs of such classes shall be paid by the offender.
14    (d) In any case in which a sentence originally imposed is
15vacated, the case shall be remanded to the trial court. The
16trial court shall hold a hearing under Section 5-4-1 of the
17Unified Code of Corrections which may include evidence of the
18defendant's life, moral character and occupation during the
19time since the original sentence was passed. The trial court
20shall then impose sentence upon the defendant. The trial court
21may impose any sentence which could have been imposed at the
22original trial subject to Section 5-5-4 of the Unified Code of
23Corrections. If a sentence is vacated on appeal or on
24collateral attack due to the failure of the trier of fact at
25trial to determine beyond a reasonable doubt the existence of a
26fact (other than a prior conviction) necessary to increase the

 

 

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1punishment for the offense beyond the statutory maximum
2otherwise applicable, either the defendant may be re-sentenced
3to a term within the range otherwise provided or, if the State
4files notice of its intention to again seek the extended
5sentence, the defendant shall be afforded a new trial.
6    (e) In cases where prosecution for aggravated criminal
7sexual abuse under Section 11-1.60 or 12-16 of the Criminal
8Code of 1961 or the Criminal Code of 2012 results in conviction
9of a defendant who was a family member of the victim at the
10time of the commission of the offense, the court shall consider
11the safety and welfare of the victim and may impose a sentence
12of probation only where:
13        (1) the court finds (A) or (B) or both are appropriate:
14            (A) the defendant is willing to undergo a court
15        approved counseling program for a minimum duration of 2
16        years; or
17            (B) the defendant is willing to participate in a
18        court approved plan including but not limited to the
19        defendant's:
20                (i) removal from the household;
21                (ii) restricted contact with the victim;
22                (iii) continued financial support of the
23            family;
24                (iv) restitution for harm done to the victim;
25            and
26                (v) compliance with any other measures that

 

 

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1            the court may deem appropriate; and
2        (2) the court orders the defendant to pay for the
3    victim's counseling services, to the extent that the court
4    finds, after considering the defendant's income and
5    assets, that the defendant is financially capable of paying
6    for such services, if the victim was under 18 years of age
7    at the time the offense was committed and requires
8    counseling as a result of the offense.
9    Probation may be revoked or modified pursuant to Section
105-6-4; except where the court determines at the hearing that
11the defendant violated a condition of his or her probation
12restricting contact with the victim or other family members or
13commits another offense with the victim or other family
14members, the court shall revoke the defendant's probation and
15impose a term of imprisonment.
16    For the purposes of this Section, "family member" and
17"victim" shall have the meanings ascribed to them in Section
1811-0.1 of the Criminal Code of 2012.
19    (f) (Blank).
20    (g) Whenever a defendant is convicted of an offense under
21Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-14,
2211-14.3, 11-14.4 except for an offense that involves keeping a
23place of juvenile prostitution, 11-15, 11-15.1, 11-16, 11-17,
2411-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 12-13, 12-14,
2512-14.1, 12-15 or 12-16 of the Criminal Code of 1961 or the
26Criminal Code of 2012, the defendant shall undergo medical

 

 

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1testing to determine whether the defendant has any sexually
2transmissible disease, including a test for infection with
3human immunodeficiency virus (HIV) or any other identified
4causative agent of acquired immunodeficiency syndrome (AIDS).
5Any such medical test shall be performed only by appropriately
6licensed medical practitioners and may include an analysis of
7any bodily fluids as well as an examination of the defendant's
8person. Except as otherwise provided by law, the results of
9such test shall be kept strictly confidential by all medical
10personnel involved in the testing and must be personally
11delivered in a sealed envelope to the judge of the court in
12which the conviction was entered for the judge's inspection in
13camera. Acting in accordance with the best interests of the
14victim and the public, the judge shall have the discretion to
15determine to whom, if anyone, the results of the testing may be
16revealed. The court shall notify the defendant of the test
17results. The court shall also notify the victim if requested by
18the victim, and if the victim is under the age of 15 and if
19requested by the victim's parents or legal guardian, the court
20shall notify the victim's parents or legal guardian of the test
21results. The court shall provide information on the
22availability of HIV testing and counseling at Department of
23Public Health facilities to all parties to whom the results of
24the testing are revealed and shall direct the State's Attorney
25to provide the information to the victim when possible. A
26State's Attorney may petition the court to obtain the results

 

 

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1of any HIV test administered under this Section, and the court
2shall grant the disclosure if the State's Attorney shows it is
3relevant in order to prosecute a charge of criminal
4transmission of HIV under Section 12-5.01 or 12-16.2 of the
5Criminal Code of 1961 or the Criminal Code of 2012 against the
6defendant. The court shall order that the cost of any such test
7shall be paid by the county and may be taxed as costs against
8the convicted defendant.
9    (g-5) When an inmate is tested for an airborne communicable
10disease, as determined by the Illinois Department of Public
11Health including but not limited to tuberculosis, the results
12of the test shall be personally delivered by the warden or his
13or her designee in a sealed envelope to the judge of the court
14in which the inmate must appear for the judge's inspection in
15camera if requested by the judge. Acting in accordance with the
16best interests of those in the courtroom, the judge shall have
17the discretion to determine what if any precautions need to be
18taken to prevent transmission of the disease in the courtroom.
19    (h) Whenever a defendant is convicted of an offense under
20Section 1 or 2 of the Hypodermic Syringes and Needles Act, the
21defendant shall undergo medical testing to determine whether
22the defendant has been exposed to human immunodeficiency virus
23(HIV) or any other identified causative agent of acquired
24immunodeficiency syndrome (AIDS). Except as otherwise provided
25by law, the results of such test shall be kept strictly
26confidential by all medical personnel involved in the testing

 

 

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1and must be personally delivered in a sealed envelope to the
2judge of the court in which the conviction was entered for the
3judge's inspection in camera. Acting in accordance with the
4best interests of the public, the judge shall have the
5discretion to determine to whom, if anyone, the results of the
6testing may be revealed. The court shall notify the defendant
7of a positive test showing an infection with the human
8immunodeficiency virus (HIV). The court shall provide
9information on the availability of HIV testing and counseling
10at Department of Public Health facilities to all parties to
11whom the results of the testing are revealed and shall direct
12the State's Attorney to provide the information to the victim
13when possible. A State's Attorney may petition the court to
14obtain the results of any HIV test administered under this
15Section, and the court shall grant the disclosure if the
16State's Attorney shows it is relevant in order to prosecute a
17charge of criminal transmission of HIV under Section 12-5.01 or
1812-16.2 of the Criminal Code of 1961 or the Criminal Code of
192012 against the defendant. The court shall order that the cost
20of any such test shall be paid by the county and may be taxed as
21costs against the convicted defendant.
22    (i) All fines and penalties imposed under this Section for
23any violation of Chapters 3, 4, 6, and 11 of the Illinois
24Vehicle Code, or a similar provision of a local ordinance, and
25any violation of the Child Passenger Protection Act, or a
26similar provision of a local ordinance, shall be collected and

 

 

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1disbursed by the circuit clerk as provided under Section 27.5
2of the Clerks of Courts Act.
3    (j) In cases when prosecution for any violation of Section
411-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-8, 11-9,
511-11, 11-14, 11-14.3, 11-14.4, 11-15, 11-15.1, 11-16, 11-17,
611-17.1, 11-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 11-20.1,
711-20.1B, 11-20.3, 11-21, 11-30, 11-40, 12-13, 12-14, 12-14.1,
812-15, or 12-16 of the Criminal Code of 1961 or the Criminal
9Code of 2012, any violation of the Illinois Controlled
10Substances Act, any violation of the Cannabis Control Act, or
11any violation of the Methamphetamine Control and Community
12Protection Act results in conviction, a disposition of court
13supervision, or an order of probation granted under Section 10
14of the Cannabis Control Act, Section 410 of the Illinois
15Controlled Substances Act, or Section 70 of the Methamphetamine
16Control and Community Protection Act of a defendant, the court
17shall determine whether the defendant is employed by a facility
18or center as defined under the Child Care Act of 1969, a public
19or private elementary or secondary school, or otherwise works
20with children under 18 years of age on a daily basis. When a
21defendant is so employed, the court shall order the Clerk of
22the Court to send a copy of the judgment of conviction or order
23of supervision or probation to the defendant's employer by
24certified mail. If the employer of the defendant is a school,
25the Clerk of the Court shall direct the mailing of a copy of
26the judgment of conviction or order of supervision or probation

 

 

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1to the appropriate regional superintendent of schools. The
2regional superintendent of schools shall notify the State Board
3of Education of any notification under this subsection.
4    (j-5) A defendant at least 17 years of age who is convicted
5of a felony and who has not been previously convicted of a
6misdemeanor or felony and who is sentenced to a term of
7imprisonment in the Illinois Department of Corrections shall as
8a condition of his or her sentence be required by the court to
9attend educational courses designed to prepare the defendant
10for a high school diploma and to work toward a high school
11diploma or to work toward passing high school equivalency
12testing or to work toward completing a vocational training
13program offered by the Department of Corrections. If a
14defendant fails to complete the educational training required
15by his or her sentence during the term of incarceration, the
16Prisoner Review Board shall, as a condition of mandatory
17supervised release, require the defendant, at his or her own
18expense, to pursue a course of study toward a high school
19diploma or passage of high school equivalency testing. The
20Prisoner Review Board shall revoke the mandatory supervised
21release of a defendant who wilfully fails to comply with this
22subsection (j-5) upon his or her release from confinement in a
23penal institution while serving a mandatory supervised release
24term; however, the inability of the defendant after making a
25good faith effort to obtain financial aid or pay for the
26educational training shall not be deemed a wilful failure to

 

 

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1comply. The Prisoner Review Board shall recommit the defendant
2whose mandatory supervised release term has been revoked under
3this subsection (j-5) as provided in Section 3-3-9. This
4subsection (j-5) does not apply to a defendant who has a high
5school diploma or has successfully passed high school
6equivalency testing. This subsection (j-5) does not apply to a
7defendant who is determined by the court to be developmentally
8disabled or otherwise mentally incapable of completing the
9educational or vocational program.
10    (k) (Blank).
11    (l) (A) Except as provided in paragraph (C) of subsection
12(l), whenever a defendant, who is an alien as defined by the
13Immigration and Nationality Act, is convicted of any felony or
14misdemeanor offense, the court after sentencing the defendant
15may, upon motion of the State's Attorney, hold sentence in
16abeyance and remand the defendant to the custody of the
17Attorney General of the United States or his or her designated
18agent to be deported when:
19        (1) a final order of deportation has been issued
20    against the defendant pursuant to proceedings under the
21    Immigration and Nationality Act, and
22        (2) the deportation of the defendant would not
23    deprecate the seriousness of the defendant's conduct and
24    would not be inconsistent with the ends of justice.
25    Otherwise, the defendant shall be sentenced as provided in
26this Chapter V.

 

 

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

 

 

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1for additional sentence credit for good conduct as provided
2under Section 3-6-3.
3    (m) A person convicted of criminal defacement of property
4under Section 21-1.3 of the Criminal Code of 1961 or the
5Criminal Code of 2012, in which the property damage exceeds
6$300 and the property damaged is a school building, shall be
7ordered to perform community service that may include cleanup,
8removal, or painting over the defacement.
9    (n) The court may sentence a person convicted of a
10violation of Section 12-19, 12-21, 16-1.3, or 17-56, or
11subsection (a) or (b) of Section 12-4.4a, of the Criminal Code
12of 1961 or the Criminal Code of 2012 (i) to an impact
13incarceration program if the person is otherwise eligible for
14that program under Section 5-8-1.1, (ii) to community service,
15or (iii) if the person is an addict or alcoholic, as defined in
16the Alcoholism and Other Drug Abuse and Dependency Act, to a
17substance or alcohol abuse program licensed under that Act.
18    (o) Whenever a person is convicted of a sex offense as
19defined in Section 2 of the Sex Offender Registration Act, the
20defendant's driver's license or permit shall be subject to
21renewal on an annual basis in accordance with the provisions of
22license renewal established by the Secretary of State.
23(Source: P.A. 97-159, eff. 7-21-11; 97-697, eff. 6-22-12;
2497-917, eff. 8-9-12; 97-1108, eff. 1-1-13; 97-1109, eff.
251-1-13; 97-1150, eff. 1-25-13; 98-718, eff. 1-1-15; 98-756,
26eff. 7-16-14.)