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Full Text of HB5463  97th General Assembly

HB5463eng 97TH GENERAL ASSEMBLY

  
  
  

 


 
HB5463 EngrossedLRB097 17974 RLC 63197 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 10. 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

 

 

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

 

 

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

 

 

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1            (N) A Class 3 felony violation of paragraph (1) of
2        subsection (a) of Section 2 of the Firearm Owners
3        Identification Card Act.
4            (O) A violation of Section 12-6.1 or 12-6.5 of the
5        Criminal Code of 1961.
6            (P) A violation of paragraph (1), (2), (3), (4),
7        (5), or (7) of subsection (a) of Section 11-20.1 of the
8        Criminal Code of 1961.
9            (Q) A violation of Section 20-1.2 or 20-1.3 of the
10        Criminal Code of 1961.
11            (R) A violation of Section 24-3A of the Criminal
12        Code of 1961.
13            (S) (Blank).
14            (T) A second or subsequent violation of the
15        Methamphetamine Control and Community Protection Act.
16            (U) A second or subsequent violation of Section
17        6-303 of the Illinois Vehicle Code committed while his
18        or her driver's license, permit, or privilege was
19        revoked because of a violation of Section 9-3 of the
20        Criminal Code of 1961, relating to the offense of
21        reckless homicide, or a similar provision of a law of
22        another state.
23            (V) A violation of paragraph (4) of subsection (c)
24        of Section 11-20.1B or paragraph (4) of subsection (c)
25        of Section 11-20.3 of the Criminal Code of 1961.
26            (W) A violation of Section 24-3.5 of the Criminal

 

 

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1        Code of 1961.
2            (X) A violation of subsection (a) of Section 31-1a
3        of the Criminal Code of 1961.
4            (Y) A conviction for unlawful possession of a
5        firearm by a street gang member when the firearm was
6        loaded or contained firearm ammunition.
7            (Z) A Class 1 felony committed while he or she was
8        serving a term of probation or conditional discharge
9        for a felony.
10            (AA) Theft of property exceeding $500,000 and not
11        exceeding $1,000,000 in value.
12            (BB) Laundering of criminally derived property of
13        a value exceeding $500,000.
14            (CC) Knowingly selling, offering for sale, holding
15        for sale, or using 2,000 or more counterfeit items or
16        counterfeit items having a retail value in the
17        aggregate of $500,000 or more.
18            (DD) A conviction for aggravated assault under
19        paragraph (6) of subsection (c) of Section 12-2 of the
20        Criminal Code of 1961 if the firearm is aimed toward
21        the person against whom the firearm is being used.
22        (3) (Blank).
23        (4) A minimum term of imprisonment of not less than 10
24    consecutive days or 30 days of community service shall be
25    imposed for a violation of paragraph (c) of Section 6-303
26    of the Illinois Vehicle Code.

 

 

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1        (4.1) (Blank).
2        (4.2) Except as provided in paragraphs (4.3) and (4.8)
3    of this subsection (c), a minimum of 100 hours of community
4    service shall be imposed for a second violation of Section
5    6-303 of the Illinois Vehicle Code.
6        (4.3) A minimum term of imprisonment of 30 days or 300
7    hours of community service, as determined by the court,
8    shall be imposed for a second violation of subsection (c)
9    of Section 6-303 of the Illinois Vehicle Code.
10        (4.4) Except as provided in paragraphs (4.5), (4.6),
11    and (4.9) of this subsection (c), a minimum term of
12    imprisonment of 30 days or 300 hours of community service,
13    as determined by the court, shall be imposed for a third or
14    subsequent violation of Section 6-303 of the Illinois
15    Vehicle Code.
16        (4.5) A minimum term of imprisonment of 30 days shall
17    be imposed for a third violation of subsection (c) of
18    Section 6-303 of the Illinois Vehicle Code.
19        (4.6) Except as provided in paragraph (4.10) of this
20    subsection (c), a minimum term of imprisonment of 180 days
21    shall be imposed for a fourth or subsequent violation of
22    subsection (c) of Section 6-303 of the Illinois Vehicle
23    Code.
24        (4.7) A minimum term of imprisonment of not less than
25    30 consecutive days, or 300 hours of community service,
26    shall be imposed for a violation of subsection (a-5) of

 

 

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

 

 

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1        5-5-6 of this Code.
2        (5.1) In addition to any other penalties imposed, and
3    except as provided in paragraph (5.2) or (5.3), a person
4    convicted of violating subsection (c) of Section 11-907 of
5    the Illinois Vehicle Code shall have his or her driver's
6    license, permit, or privileges suspended for at least 90
7    days but not more than one year, if the violation resulted
8    in damage to the property of another person.
9        (5.2) In addition to any other penalties imposed, and
10    except as provided in paragraph (5.3), a person convicted
11    of violating subsection (c) of Section 11-907 of the
12    Illinois Vehicle Code shall have his or her driver's
13    license, permit, or privileges suspended for at least 180
14    days but not more than 2 years, if the violation resulted
15    in injury to another person.
16        (5.3) In addition to any other penalties imposed, a
17    person convicted of violating subsection (c) of Section
18    11-907 of the Illinois Vehicle Code shall have his or her
19    driver's license, permit, or privileges suspended for 2
20    years, if the violation resulted in the death of another
21    person.
22        (5.4) In addition to any other penalties imposed, a
23    person convicted of violating Section 3-707 of the Illinois
24    Vehicle Code shall have his or her driver's license,
25    permit, or privileges suspended for 3 months and until he
26    or she has paid a reinstatement fee of $100.

 

 

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

 

 

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

 

 

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

 

 

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1        defendant's:
2                (i) removal from the household;
3                (ii) restricted contact with the victim;
4                (iii) continued financial support of the
5            family;
6                (iv) restitution for harm done to the victim;
7            and
8                (v) compliance with any other measures that
9            the court may deem appropriate; and
10        (2) the court orders the defendant to pay for the
11    victim's counseling services, to the extent that the court
12    finds, after considering the defendant's income and
13    assets, that the defendant is financially capable of paying
14    for such services, if the victim was under 18 years of age
15    at the time the offense was committed and requires
16    counseling as a result of the offense.
17    Probation may be revoked or modified pursuant to Section
185-6-4; except where the court determines at the hearing that
19the defendant violated a condition of his or her probation
20restricting contact with the victim or other family members or
21commits another offense with the victim or other family
22members, the court shall revoke the defendant's probation and
23impose a term of imprisonment.
24    For the purposes of this Section, "family member" and
25"victim" shall have the meanings ascribed to them in Section
2611-0.1 of the Criminal Code of 1961.

 

 

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1    (f) (Blank).
2    (g) Whenever a defendant is convicted of an offense under
3Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-14,
411-14.3, 11-14.4 except for an offense that involves keeping a
5place of juvenile prostitution, 11-15, 11-15.1, 11-16, 11-17,
611-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 12-13, 12-14,
712-14.1, 12-15 or 12-16 of the Criminal Code of 1961, the
8defendant shall undergo medical testing to determine whether
9the defendant has any sexually transmissible disease,
10including a test for infection with human immunodeficiency
11virus (HIV) or any other identified causative agent of acquired
12immunodeficiency syndrome (AIDS). Any such medical test shall
13be performed only by appropriately licensed medical
14practitioners and may include an analysis of any bodily fluids
15as well as an examination of the defendant's person. Except as
16otherwise provided by law, the results of such test shall be
17kept strictly confidential by all medical personnel involved in
18the testing and must be personally delivered in a sealed
19envelope to the judge of the court in which the conviction was
20entered for the judge's inspection in camera. Acting in
21accordance with the best interests of the victim and the
22public, the judge shall have the discretion to determine to
23whom, if anyone, the results of the testing may be revealed.
24The court shall notify the defendant of the test results. The
25court shall also notify the victim if requested by the victim,
26and if the victim is under the age of 15 and if requested by the

 

 

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

 

 

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1Section 1 or 2 of the Hypodermic Syringes and Needles Act, the
2defendant shall undergo medical testing to determine whether
3the defendant has been exposed to human immunodeficiency virus
4(HIV) or any other identified causative agent of acquired
5immunodeficiency syndrome (AIDS). Except as otherwise provided
6by law, the results of such test shall be kept strictly
7confidential by all medical personnel involved in the testing
8and must be personally delivered in a sealed envelope to the
9judge of the court in which the conviction was entered for the
10judge's inspection in camera. Acting in accordance with the
11best interests of the public, the judge shall have the
12discretion to determine to whom, if anyone, the results of the
13testing may be revealed. The court shall notify the defendant
14of a positive test showing an infection with the human
15immunodeficiency virus (HIV). The court shall provide
16information on the availability of HIV testing and counseling
17at Department of Public Health facilities to all parties to
18whom the results of the testing are revealed and shall direct
19the State's Attorney to provide the information to the victim
20when possible. A State's Attorney may petition the court to
21obtain the results of any HIV test administered under this
22Section, and the court shall grant the disclosure if the
23State's Attorney shows it is relevant in order to prosecute a
24charge of criminal transmission of HIV under Section 12-5.01 or
2512-16.2 of the Criminal Code of 1961 against the defendant. The
26court shall order that the cost of any such test shall be paid

 

 

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1by the county and may be taxed as costs against the convicted
2defendant.
3    (i) All fines and penalties imposed under this Section for
4any violation of Chapters 3, 4, 6, and 11 of the Illinois
5Vehicle Code, or a similar provision of a local ordinance, and
6any violation of the Child Passenger Protection Act, or a
7similar provision of a local ordinance, shall be collected and
8disbursed by the circuit clerk as provided under Section 27.5
9of the Clerks of Courts Act.
10    (j) In cases when prosecution for any violation of Section
1111-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-8, 11-9,
1211-11, 11-14, 11-14.3, 11-14.4, 11-15, 11-15.1, 11-16, 11-17,
1311-17.1, 11-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 11-20.1,
1411-20.1B, 11-20.3, 11-21, 11-30, 11-40, 12-13, 12-14, 12-14.1,
1512-15, or 12-16 of the Criminal Code of 1961, any violation of
16the Illinois Controlled Substances Act, any violation of the
17Cannabis Control Act, or any violation of the Methamphetamine
18Control and Community Protection Act results in conviction, a
19disposition of court supervision, or an order of probation
20granted under Section 10 of the Cannabis Control Act, Section
21410 of the Illinois Controlled Substance Act, or Section 70 of
22the Methamphetamine Control and Community Protection Act of a
23defendant, the court shall determine whether the defendant is
24employed by a facility or center as defined under the Child
25Care Act of 1969, a public or private elementary or secondary
26school, or otherwise works with children under 18 years of age

 

 

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

 

 

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

 

 

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

 

 

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

 

 

HB5463 Engrossed- 21 -LRB097 17974 RLC 63197 b

1defendant's driver's license or permit shall be subject to
2renewal on an annual basis in accordance with the provisions of
3license renewal established by the Secretary of State.
4(Source: P.A. 96-348, eff. 8-12-09; 96-400, eff. 8-13-09;
596-829, eff. 12-3-09; 96-1200, eff. 7-22-10; 96-1551, Article
61, Section 970, eff. 7-1-11; 96-1551, Article 2, Section 1065,
7eff. 7-1-11; 96-1551, Article 10, Section 10-150, eff. 7-1-11;
897-159, eff. 7-21-11; revised 9-14-11.)