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Full Text of HB3801  97th General Assembly

HB3801enr 97TH GENERAL ASSEMBLY

  
  
  

 


 
HB3801 EnrolledLRB097 12788 RLC 57284 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 Tobacco Accessories and Smoking Herbs
5Control Act is amended by changing Sections 4 and 5 as follows:
 
6    (720 ILCS 685/4)  (from Ch. 23, par. 2358-4)
7    Sec. 4. Offenses.
8    (a) Sale to minors. No person shall knowingly sell, barter,
9exchange, deliver or give away or cause or permit or procure to
10be sold, bartered, exchanged, delivered, or given away tobacco
11accessories or smoking herbs to any person under 18 years of
12age.
13    (a-5) Sale of bidi cigarettes. No person shall knowingly
14sell, barter, exchange, deliver, or give away a bidi cigarette
15to another person, nor shall a person cause or permit or
16procure a bidi cigarette to be sold, bartered, exchanged,
17delivered, or given away to another person.
18    (b) Sale of cigarette paper. No person shall knowingly
19offer, sell, barter, exchange, deliver or give away cigarette
20paper or cause, permit, or procure cigarette paper to be sold,
21offered, bartered, exchanged, delivered, or given away except
22from premises or an establishment where other tobacco products
23are sold. For purposes of this Section, "tobacco products"

 

 

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1means cigarettes, cigars, smokeless tobacco, or tobacco in any
2of its forms.
3    (b-5) Sale of flavored wrapping paper and wrapping leaf. A
4person shall not knowingly sell, give away, barter, exchange,
5or otherwise furnish to any person any wrapping paper or
6wrapping leaf, however characterized, including, without
7limitation, cigarette papers, blunt wraps, cigar wraps, or
8tubes of paper or leaf, or any similar device, for the purpose
9of making a roll of tobacco or herbs for smoking, that is or is
10held out to be, impregnated, scented, or imbibed with, or aged
11or dipped in, a characterizing flavor, other than tobacco or
12menthol, including, without limitation, alcoholic or liquor
13flavor, or both, chocolate, fruit flavoring, vanilla, peanut
14butter, jelly, or any combination of those flavors or similar
15child attractive scent or flavor.
16    (c) Sale of cigarette paper from vending machines. No
17person shall knowingly offer, sell, barter, exchange, deliver
18or give away cigarette paper or cause, permit, or procure
19cigarette paper to be sold, offered, bartered, exchanged,
20delivered, or given away by use of a vending or coin-operated
21machine or device. For purposes of this Section, "cigarette
22paper" shall not include any paper that is incorporated into a
23product to which a tax stamp must be affixed under the
24Cigarette Tax Act or the Cigarette Use Tax Act.
25    (d) Use of identification cards. No person in the
26furtherance or facilitation of obtaining smoking accessories

 

 

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1and smoking herbs shall display or use a false or forged
2identification card or transfer, alter, or deface an
3identification card.
4    (e) Warning to minors. Any person, firm, partnership,
5company or corporation operating a place of business where
6tobacco accessories and smoking herbs are sold or offered for
7sale shall post in a conspicuous place upon the premises a sign
8upon which there shall be imprinted the following statement,
9"SALE OF TOBACCO ACCESSORIES AND SMOKING HERBS TO PERSONS UNDER
10EIGHTEEN YEARS OF AGE OR THE MISREPRESENTATION OF AGE TO
11PROCURE SUCH A SALE IS PROHIBITED BY LAW". The sign shall be
12printed on a white card in red letters at least one-half inch
13in height.
14(Source: P.A. 91-734, eff. 1-1-01.)
 
15    (720 ILCS 685/5)  (from Ch. 23, par. 2358-5)
16    Sec. 5. Penalty.
17    (a) Any person who shall knowingly violate, or shall
18knowingly cause the violation of any provision of this Act
19other than subsection (a-5) or (b-5) of Section 4 shall be
20guilty of a Class C misdemeanor.
21    (b) Any person who knowingly violates or knowingly causes
22the violation of subsection (a-5) of Section 4 is guilty of a
23petty offense for which the offender may be fined an amount as
24follows:
25        (1) For a first offense, not less than $100 and not

 

 

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1    more than $500.
2        (2) For a second offense within a 2-year period, not
3    less than $250 and not more than $500.
4        (3) For a third or subsequent offense within a 2-year
5    period, not less than $500 and not more than $1,000.
6    (c) Any person who knowingly violates or knowingly causes
7the violation of subsection (b-5) of Section 4 is guilty of a
8petty offense for which the offender shall be fined an amount
9of not less than $100 and not more than $1,000.
10(Source: P.A. 91-734, eff. 1-1-01.)
 
11    Section 10. The Unified Code of Corrections is amended by
12changing Section 5-5-3 as follows:
 
13    (730 ILCS 5/5-5-3)  (from Ch. 38, par. 1005-5-3)
14    Sec. 5-5-3. Disposition.
15    (a) (Blank).
16    (b) (Blank).
17    (c) (1) (Blank).
18        (2) A period of probation, a term of periodic
19    imprisonment or conditional discharge shall not be imposed
20    for the following offenses. The court shall sentence the
21    offender to not less than the minimum term of imprisonment
22    set forth in this Code for the following offenses, and may
23    order a fine or restitution or both in conjunction with
24    such term of imprisonment:

 

 

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1            (A) First degree murder where the death penalty is
2        not imposed.
3            (B) Attempted first degree murder.
4            (C) A Class X felony.
5            (D) A violation of Section 401.1 or 407 of the
6        Illinois Controlled Substances Act, or a violation of
7        subdivision (c)(1), (c)(1.5), or (c)(2) of Section 401
8        of that Act which relates to more than 5 grams of a
9        substance containing heroin, cocaine, fentanyl, or an
10        analog thereof.
11            (D-5) A violation of subdivision (c)(1) of Section
12        401 of the Illinois Controlled Substances Act which
13        relates to 3 or more grams of a substance containing
14        heroin or an analog thereof.
15            (E) A violation of Section 5.1 or 9 of the Cannabis
16        Control Act.
17            (F) A Class 2 or greater felony if the offender had
18        been convicted of a Class 2 or greater felony,
19        including any state or federal conviction for an
20        offense that contained, at the time it was committed,
21        the same elements as an offense now (the date of the
22        offense committed after the prior Class 2 or greater
23        felony) classified as a Class 2 or greater felony,
24        within 10 years of the date on which the offender
25        committed the offense for which he or she is being
26        sentenced, except as otherwise provided in Section

 

 

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1        40-10 of the Alcoholism and Other Drug Abuse and
2        Dependency Act.
3            (F-5) A violation of Section 24-1, 24-1.1, or
4        24-1.6 of the Criminal Code of 1961 for which
5        imprisonment is prescribed in those Sections.
6            (G) Residential burglary, except as otherwise
7        provided in Section 40-10 of the Alcoholism and Other
8        Drug Abuse and Dependency Act.
9            (H) Criminal sexual assault.
10            (I) Aggravated battery of a senior citizen as
11        described in Section 12-4.6 or subdivision (a)(4) of
12        Section 12-3.05.
13            (J) A forcible felony if the offense was related to
14        the activities of an organized gang.
15            Before July 1, 1994, for the purposes of this
16        paragraph, "organized gang" means an association of 5
17        or more persons, with an established hierarchy, that
18        encourages members of the association to perpetrate
19        crimes or provides support to the members of the
20        association who do commit crimes.
21            Beginning July 1, 1994, for the purposes of this
22        paragraph, "organized gang" has the meaning ascribed
23        to it in Section 10 of the Illinois Streetgang
24        Terrorism Omnibus Prevention Act.
25            (K) Vehicular hijacking.
26            (L) A second or subsequent conviction for the

 

 

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1        offense of hate crime when the underlying offense upon
2        which the hate crime is based is felony aggravated
3        assault or felony mob action.
4            (M) A second or subsequent conviction for the
5        offense of institutional vandalism if the damage to the
6        property exceeds $300.
7            (N) A Class 3 felony violation of paragraph (1) of
8        subsection (a) of Section 2 of the Firearm Owners
9        Identification Card Act.
10            (O) A violation of Section 12-6.1 or 12-6.5 of the
11        Criminal Code of 1961.
12            (P) A violation of paragraph (1), (2), (3), (4),
13        (5), or (7) of subsection (a) of Section 11-20.1 of the
14        Criminal Code of 1961.
15            (Q) A violation of Section 20-1.2 or 20-1.3 of the
16        Criminal Code of 1961.
17            (R) A violation of Section 24-3A of the Criminal
18        Code of 1961.
19            (S) (Blank).
20            (T) A second or subsequent violation of the
21        Methamphetamine Control and Community Protection Act.
22            (U) A second or subsequent violation of Section
23        6-303 of the Illinois Vehicle Code committed while his
24        or her driver's license, permit, or privilege was
25        revoked because of a violation of Section 9-3 of the
26        Criminal Code of 1961, relating to the offense of

 

 

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1        reckless homicide, or a similar provision of a law of
2        another state.
3            (V) A violation of paragraph (4) of subsection (c)
4        of Section 11-20.1B or paragraph (4) of subsection (c)
5        of Section 11-20.3 of the Criminal Code of 1961.
6            (W) A violation of Section 24-3.5 of the Criminal
7        Code of 1961.
8            (X) A violation of subsection (a) of Section 31-1a
9        of the Criminal Code of 1961.
10            (Y) A conviction for unlawful possession of a
11        firearm by a street gang member when the firearm was
12        loaded or contained firearm ammunition.
13            (Z) A Class 1 felony committed while he or she was
14        serving a term of probation or conditional discharge
15        for a felony.
16            (AA) Theft of property exceeding $500,000 and not
17        exceeding $1,000,000 in value.
18            (BB) Laundering of criminally derived property of
19        a value exceeding $500,000.
20            (CC) Knowingly selling, offering for sale, holding
21        for sale, or using 2,000 or more counterfeit items or
22        counterfeit items having a retail value in the
23        aggregate of $500,000 or more.
24            (DD) A conviction for aggravated assault under
25        paragraph (6) of subsection (c) of Section 12-2 of the
26        Criminal Code of 1961 if the firearm is aimed toward

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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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

 

 

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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 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, the
14defendant shall undergo medical testing to determine whether
15the defendant has any sexually transmissible disease,
16including a test for infection with human immunodeficiency
17virus (HIV) or any other identified causative agent of acquired
18immunodeficiency syndrome (AIDS). Any such medical test shall
19be performed only by appropriately licensed medical
20practitioners and may include an analysis of any bodily fluids
21as well as an examination of the defendant's person. Except as
22otherwise provided by law, the results of such test shall be
23kept strictly confidential by all medical personnel involved in
24the testing and must be personally delivered in a sealed
25envelope to the judge of the court in which the conviction was
26entered for the judge's inspection in camera. Acting in

 

 

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

 

 

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

 

 

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1obtain the results of any HIV test administered under this
2Section, and the court shall grant the disclosure if the
3State's Attorney shows it is relevant in order to prosecute a
4charge of criminal transmission of HIV under Section 12-5.01 or
512-16.2 of the Criminal Code of 1961 against the defendant. The
6court shall order that the cost of any such test shall be paid
7by the county and may be taxed as costs against the convicted
8defendant.
9    (i) All fines and penalties imposed under this Section for
10any violation of Chapters 3, 4, 6, and 11 of the Illinois
11Vehicle Code, or a similar provision of a local ordinance, and
12any violation of the Child Passenger Protection Act, or a
13similar provision of a local ordinance, shall be collected and
14disbursed by the circuit clerk as provided under Section 27.5
15of the Clerks of Courts Act.
16    (j) In cases when prosecution for any violation of Section
1711-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-8, 11-9,
1811-11, 11-14, 11-14.3, 11-14.4, 11-15, 11-15.1, 11-16, 11-17,
1911-17.1, 11-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 11-20.1,
2011-20.1B, 11-20.3, 11-21, 11-30, 11-40, 12-13, 12-14, 12-14.1,
2112-15, or 12-16 of the Criminal Code of 1961, any violation of
22the Illinois Controlled Substances Act, any violation of the
23Cannabis Control Act, or any violation of the Methamphetamine
24Control and Community Protection Act results in conviction, a
25disposition of court supervision, or an order of probation
26granted under Section 10 of the Cannabis Control Act, Section

 

 

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1410 of the Illinois Controlled Substance Act, or Section 70 of
2the Methamphetamine Control and Community Protection Act of a
3defendant, the court shall determine whether the defendant is
4employed by a facility or center as defined under the Child
5Care Act of 1969, a public or private elementary or secondary
6school, or otherwise works with children under 18 years of age
7on a daily basis. When a defendant is so employed, the court
8shall order the Clerk of the Court to send a copy of the
9judgment of conviction or order of supervision or probation to
10the defendant's employer by certified mail. If the employer of
11the defendant is a school, the Clerk of the Court shall direct
12the mailing of a copy of the judgment of conviction or order of
13supervision or probation to the appropriate regional
14superintendent of schools. The regional superintendent of
15schools shall notify the State Board of Education of any
16notification under this subsection.
17    (j-5) A defendant at least 17 years of age who is convicted
18of a felony and who has not been previously convicted of a
19misdemeanor or felony and who is sentenced to a term of
20imprisonment in the Illinois Department of Corrections shall as
21a condition of his or her sentence be required by the court to
22attend educational courses designed to prepare the defendant
23for a high school diploma and to work toward a high school
24diploma or to work toward passing the high school level Test of
25General Educational Development (GED) or to work toward
26completing a vocational training program offered by the

 

 

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

 

 

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

 

 

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1        deprecate the seriousness of the defendant's conduct
2        and would not be inconsistent with the ends of justice.
3        (C) This subsection (l) does not apply to offenders who
4    are subject to the provisions of paragraph (2) of
5    subsection (a) of Section 3-6-3.
6        (D) Upon motion of the State's Attorney, if a defendant
7    sentenced under this Section returns to the jurisdiction of
8    the United States, the defendant shall be recommitted to
9    the custody of the county from which he or she was
10    sentenced. Thereafter, the defendant shall be brought
11    before the sentencing court, which may impose any sentence
12    that was available under Section 5-5-3 at the time of
13    initial sentencing. In addition, the defendant shall not be
14    eligible for additional good conduct credit for
15    meritorious service as provided under Section 3-6-6.
16    (m) A person convicted of criminal defacement of property
17under Section 21-1.3 of the Criminal Code of 1961, in which the
18property damage exceeds $300 and the property damaged is a
19school building, shall be ordered to perform community service
20that may include cleanup, removal, or painting over the
21defacement.
22    (n) The court may sentence a person convicted of a
23violation of Section 12-19, 12-21, 16-1.3, or 17-56, or
24subsection (a) or (b) of Section 12-4.4a, of the Criminal Code
25of 1961 (i) to an impact incarceration program if the person is
26otherwise eligible for that program under Section 5-8-1.1, (ii)

 

 

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1to community service, or (iii) if the person is an addict or
2alcoholic, as defined in the Alcoholism and Other Drug Abuse
3and Dependency Act, to a substance or alcohol abuse program
4licensed under that Act.
5    (o) Whenever a person is convicted of a sex offense as
6defined in Section 2 of the Sex Offender Registration Act, the
7defendant's driver's license or permit shall be subject to
8renewal on an annual basis in accordance with the provisions of
9license renewal established by the Secretary of State.
10(Source: P.A. 96-348, eff. 8-12-09; 96-400, eff. 8-13-09;
1196-829, eff. 12-3-09; 96-1200, eff. 7-22-10; 96-1551, Article
121, Section 970, eff. 7-1-11; 96-1551, Article 2, Section 1065,
13eff. 7-1-11; 96-1551, Article 10, Section 10-150, eff. 7-1-11;
1497-159, eff. 7-21-11; revised 9-14-11.)
 
15    Section 99. Effective date. This Act takes effect upon
16becoming law.